Prescription of Offenses

Prescription of offenses is necessary in order to know if there is still time to file a case against a person. Once a case has prescribed, you can no longer file against another person. According to Article 91 of the Revised Penal Code:

"The period of prescription shall commence to run from the day on which the crime is DISCOVERED by the offended party, the authorities, or their agents, and shall be interrupted by filing of the complaint or information, and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him."

Besides, filing of complaint with prosecutor's office or MTC for purposes of preliminary investigation interrupts the running period of prescription of offense charged. In the case of Republic vs. Desierto, the Supreme Court ruled that:

"If the commission of the crime is known, the prescriptive period shall commence to run on the day it was committed, but in cases where the time of commission is unknown, prescription shall run from its discovery and institution of judicial proceedings for its investigation and punishment."

...prescription of offenses...

 

House of Horrors' Suspect to face charges in court

I have been reading about Sowell who was caught by the authorities for allegedly killing eleven women. The decaying bodies of these victims were found in Sowell's home at Imperial Avenue right there in Ohio. That is the reason that his case was initially tagged as imperial avenue murders. At present, his house was referred to as house of horrors due to the brutal killings of eleven women committed in different occasions. Sowell's plea is that he is not guilty and he used insanity as a reason. For being suspected as doing such horrible murders, he could face death penalty if found guilty and eventually convicted.

According to CNN, Sowell faces eighty five charges involving kidnapping, rape, and murder. It was reported by the same site that "at least one victim was strangled by hand, and most of the others by ligature, authorities said. The remains of seven still had ligatures- string, cord or wire- wrapped around their necks. The skull of one woman was wrapped in a paper bag and stuffed into a bucket in the home's basement." Based on research, Sowell lived a lonely childhood as he was fatherless. Witnessing various cases of violence and living in a slum area, it was even reported that he raped his cousin and someone who is a pregnant woman when he was yet a teenager. He also enlisted himself in the military and had a past relationship with a mayor's niece. The serial killer, Anthony Sowell and once lived in the house of horrors, will finally face the courts of justice.

Weight and Sufficiency of Evidence In Legal Cases

We always here the terms proof beyond reasonable doubt, substantive evidence and preponderance of evidence. In most cases, we relate these terms to legal cases such as criminal cases, civil cases, and administrative cases. In civil cases, the party having the  burden of proof must establish his claim by a preponderance of evidence. The court must consider all the facts and circumstances of the case in order to determine preponderance of evidence. With respect to criminal cases, the accused is entitled to an acquittal except when his guilt is shown beyond reasonable doubt.

The basis of proof beyond reasonable doubt is moral certainty. Such term meant that degree of proof which produces conviction in an unprejudiced mind. With respect to administrative cases, substantial evidence is necessary or that fact which may be deemed established if it is suppurted by substantial evidence. It is also that amount of evidence which a reasonable mind might accept as adequate to justify a conclusion.