January 14 & 15, 2014 1. Dan walked in the street with unbuttoned shirt.

He was arrested by the CVOs and subsequently searched where a sachet of shabu was found. A violation of Section 11 of RA 9165 was filed against Dan yesterday. He will be arraigned next month. As his counsel, what steps you will take to protect Dan? Explain. 2. What is a bail?

3. A stabbed to death B. a case of murder was filed. While the case was pending, A was severely injured and confined in the hospital and such fact was known by the police and blottered. Can A be allowed to file a motion to bail? Explain. 4. Juan, a Filipino Citizen and now a resident of Manila, was charged in Hong Kong while still there, of having violated criminally its laws on Prevention of Bribery Ordinance. On September 13, 1999, Hong Kong, invoking its extradition treaty with the Philippines which became effective on June 27, 1997, requested the latter for the provisional arrest of Juan. The DOJ forwarded the request to the NBI which arrested Juan. For his part, Juan applied for bail in the RTC pending his extradition proceedings. The RTC granted his bail. Hong Kong, represented by the DOJ, filed a petition for certiorari with the SC assailing the RTCs order granting bail arguing that there is no constitutional or statutory provision that grants a potential extraditee the right to bail. DOJ invoked the case of Govt. Of USA v. Purganan and Mark Jimenez, GR #148571, Sept. 24, 2002, where the SC ruled that the constitutional provision on bail does not apply to extradition proceedings. Do you think the RTC order granting bail to Juan be sustained by the Supreme Court? Explain briefly. 5. Is it required that the court has already acquired jurisdiction over the person of the accused, or custody of the law over the body of the accused, before the court adjudicates a motion to quash a warrant? Explain. 6. Ordep was caught in possession of shabu in the evening of January 10. He wanted to post bail the following day but no case has been filed yet in the RTC. He also wanted to avail his right to preliminary investigation. Will he be allowed to post bail? Explain. 7. What are the conditions attached upon the application and approval of bails?

8. Roak was charged of homicide and he posted bail. After arraignment, he fled away and his whereabouts unknown. Will trial be suspended until Roak was arrested? Explain.

9. Roak was released after his bondsman, FGU Insurance, extended to him a surety bond for one year. Let us assume that Roak fled away, what is the duty of FGU Insurance? 10. Ortsac was charged with less serious physical injuries. He intended to go to Australia to visit his daughter who worked there. Oisemen, the private complainant, filed a motion in the MTC asking that

the court will issue a hold departure order against Ortsac. The MTC granted the motion. Was the MTC correct? Explain. 11. Requio was caught in the act of stabbing Siklos, who, however did not die due to timely medical attention. After an inquest and an information for frustrated homicide was filed, he was ordered detained in the Provincial Jail. Because he was a close friend of the mayor, Requio was transferred to the police detention cell of municipality X by the provincial warden. Was Requios transfer valid? Explain. 12. Let us assume that Requio was able to post bail and the provincial warden released him from jail, is the warden correct? Explain. 13. Feox was a notorious criminal having been charged several times of serious physical injuries and frustrated homicide. In a frustrated homicide case filed against him in 2007, he applied for bail and the court granted the same. Was the court correct? Explain. 14. Godoir was charged of selling shabu and in violation of section five of RA 9165 which carried a penalty of life imprisonment. He applied for bail which the court denied. Was the court correct? Explain. 15. Let us assume that Godoir was convicted by the RTC but he filed a notice of appeal to the Court of Appeals, will his application for bail be granted by the RTC? Explain. 16. Griak was charged of homicide and later on convicted by the RTC. He filed a timely notice of appeal to the CA and he also applied for bail with the RTC which rendered the decision. RTC, while still in possession of the record of the case, granted Griaks application for bail. Was the RTC correct? Explain.

17. Lorok was charged of murder, a capital offense. After trial, the RTC convicted Lorok of homicide only. Lorok filed a notice of appeal and at the same time he filed an application for bail with the RTC which rendered the decision. The RTC, considering that the conviction was for homicide only which is a bailable offense, acted upon Loroks application for bail and granted the same. Was the RTC correct?Explain. 18. Grakus was charged of frustrated homicide and subsequently convicted. Previous to his conviction for frustrated homicide, he was convicted of direct assault, attempted homicide and three counts of serious physical injuries. He filed a notice of appeal to the Court of Appeals and applied for bail in the RTC which rendered the frustrated homicide. The prosecution objected to Grakus application for bail. The RTC granted the bail pending appeal. Was the RTC correct? Explain. 19. Kioos was walking along the Kamsia Street of Poblacion, Kapatagan. He was wearing a jacket. A group of police officers saw him and ganged him up, searched his body and they were able to recover from Kioos a paltik .38 cal revolver. A case for illegal possession of firearm was filed against him. Before his arraignment, he posted bail. He then moved to quash the information alleging that his arrest was without warrant and that the search on his person was likewise warrantless. He posited that the circumstances surrounding his arrest and search did not fall under any of the recognized exceptions. The

prosecutor objected and argued that the posting of his bail constituted a waiver on his part to challenge the validity of his arrest and search. Was the prosecutor correct? Explain. 20. Swet was arrested without a warrant for possession of .45 cal pistol. He filed a waiver of his right under Article 125 of the RPC and applied for bail with the prosecutors office. It was denied. Was the denial correct? Explain. 21. Assuming that he was arrested and held in Iligan city jail, can he file a petition for bail in Tubod, Lanao del Norte?Explain. 22. What are the rights of the accused in all criminal prosecutions? 23. Rokor was charged with estafa. Before the trial, the judge scolded Rokor for having committed estafa. Was the judge correct? Explain. 24. Letsu was charged of the crime of frustrated murder. As he was absent during the arraignment, the information was read before Letsus counsel and it was the counsel who pleaded not guilty. Was there a valid arraignment? 25. During the trial, accused Leuquar insisted that he be present during the testimony of Gaquis, principal witness for the prosecution. Will Leuquar be given the opportunity to be present during the trial of his case? Explain. 26. Len was charged of homicide. She testified denying authorship of the killing. During crossexamination, the prosecutor asked her about her previous employment and the fact that she was charged then of physical injuries. Is there a ground for Lens counsel to object to the question? Explain. 27. Let us assume that the cross-examiner asked Len as to whether or not, aside from the instant homicide case she faced, she ever killed a person. Is there a ground to object to this question? Explain. 28. Let us assume that a witness for Len, Gref, was hesitant to testify. Is there a remedy for Len in order to compel her witness, Gref, to testify for her? Explain. 29. Jerk was charged of homicide in an information filed on June 2, 2007. He was arraigned on July 5, 2011 and pre-trial ensued on July 28, 2009. In the initial hearing on August 14, 2011, no witness for the prosecution appeared. In the hearing on September 10, 2011, the hearing was postponed at the instance of the prosecution. In the hearing on October 8, 2011, no witness appeared for the prosecution so hearing was again postponed. No prosecution witnesses appeared in the hearings set on November, December and January 2012. Because of the absence of the prosecution witnesses, the prosecutor moved to archive the case until prosecution witnesses will appear in court to testify. What will Jerk, through counsel, do in order to protect his rights?Explain. 30. Neof was found guilty of attempted homicide in a decision promulgated in his presence on July 2, 2011. He filed a notice of appeal on July 16, 2011. Do you think Neof has the right to appeal his case only on July 16, 2011 although the decision was promulgated on July 2, 2011? Explain.

31. Mil issued two checks to Lam in payment of prior existing obligation. When the two checks were presented for encashment, the same were dishonored for lack of sufficient funds to cover the amount. Lam filed a criminal case against Mil for his violation of BP 22. Lam also filed a separate civil case against Mil for damages arising from the issuance of the bounced checks. Was Lam correct in instituting two separate criminal and civil actions based on the same issuance of two unfunded checks?Explain. 32. Let us assume that the criminal case against Mil was filed in the MCTC of Tubod. But because the Judge was on leave there, Mil was brought to the MCTC of Lala wherein the information was read to him where he entered a plea of not guilty. Was there a valid arraignment of Mil? Explain. 33. Again let us assume that Mil is a Bisaya who does not understand a word in English. The information was read to him in English where, upon the advice of counsel, he pleaded guilty. Was there a valid reading of the information to him? Explain. 34. During the trial of the case against Mil, the prosecution presented witnesses whose names were not listed in the information or complaint and the Judge allowed them to testify. Do you think the Judge was correct in allowing the unlisted witnesses to testify? Explain. 35. Jsul was charged of serious physical injuries. He was detained then. On the day of the arraignment, he became sick the reason why he failed to appear at for his arraignment. As the arraignment was already scheduled and cannot be postponed, Jsuls counsel appeared and the information was read to the counsel who was the one who entered a plea of not guilty in behalf of Jsul. Was there a valid arraignment? Explain. 36. Knork was charged with grave oral defamation. During his arraignment, he did not answer when asked about his plea. Because of his silence when asked of his plea, the court considered his refusal to enter his plea as a plea of guilty and thus sentenced Knork to suffer imprisonment commensurate with the crime he was charged. Was the court correct? Explain. 37. Larue was charged of less serious physical injuries and during his arraignment, he pleaded guilty but added that he boxed Horey, the private complainant, after the latter boxed him several times. Will the court be correct if it sentenced Larue on the basis of his plea of guilty? Explain. 38. When the accused is under preventive detention, what will be done to his case in multiple sala court? 39. Let us assume that the raffle of the case in a multiple sala court took place on July 20, 2011. When shall the accused be arraigned? Explain. 40. Let us assume that the arraignment took place on July 28, 2011, when shall the pre-trial be had? Explain. 41. Will the private offended party be required to appear at the arraignment?Explain.

42. In case of failure of the offended party to appear at the arraignment of the accused despite notice, will the court allow the accused to enter a plea of guilty to the lesser offense which is necessarily included in the offense charged?Explain. 43. When shall the arraignment be had from the time the court acquired jurisdiction over the person of the accused? 44. Will the time of the pendency of a motion to quash or for a bill of particulars or other causes justifying suspension of the arraignment be included in the computation of the period of thirty days for arraignment? Explain. 45. Killo shot Pas in the head killing the latter. Killo was charged with murder in the killing of Pas. Lene, Pass wife was present during Killos arraignment on October 5, 2010, where he offered to enter a plea of guilty to the lesser offense of homicide only. The court allowed him to plead guilty to homicide only instead of murder. Was the court correct? Explain. 46. Tot hacked Sag in the head. Sag did not die due to timely medical attendance. Tot was prosecuted for frustrated homicide. He pleaded not guilty in the arraignment on November 8, 2010. Pre-trial was terminated on December 2, 2010. Before the prosecution presented its first witness, Tot offered to plead guilty to the lesser offense of attempted homicide only. Song, the wife of Sag, and the handling prosecutor consented. The court allowed Tot to plead guilty to the lesser offense of attempted homicide only. Was the court correct?Explain. 47. Nem and Wen were arrested on November 5, 2007 after a raid made by the elements of the PNP in their community on the basis of the so-called saturation drive. They were seen sniffing shabu and individually possessed .38 cal revolvers. Two informations were filed against them, one for the shabu and the other for the firearms on November 6, 2007. Both filed a motion for reinvestigation which the court granted in its order dated January 6, 2009. The investigating prosecutor was appointed judge in the MTC of Cebu and failed to turn over the record of the case to the new investigating prosecutor. On March 13, 2012, Nem and Wen filed a motion to dismiss the informations invoking their rights to speedy trial. The prosecution, in its opposition, argued that the reinvestigation report was already available and it found probable cause against the two. The court denied the motion. Nem and Wen elevated the matter to the CA which sustained the RTC. Was the CA correct? Explain. 48. In the preceding problem, the prosecution has already presented its witnesses when Tot asked for plea bargaining to consider the felony attempted homicide only. The prosecution and the private complainant agreed and the court approved. Was the court correct in approving the plea bargaining in such a manner that the crime was reduced from frustrated homicide to attempted homicide only? Explain. 49. Ker was charged of frustrated murder. In the arraignment on March 16, 2011, he pleaded not guilty. Before the presentation of prosecutions evidence, Ker offered to enter to a plea of guilty to the lesser offense of attempted homicide only. The private complainant and the prosecutor consented. But before

the court granted Kers plea to the lesser offense of attempted homicide only, the court ordered the prosecutor to amend the information from frustrated homicide to attempted homicide only. Was the court correct?Explain. 50. Jo was charged with murder. In the arraignment on September 8, 2010, he pleaded guilty. The court, without asking any question, imposed upon Jo the penalty of reclusion perpetua. Was the court correct? Explain. 51. In what forms that bail may be given? 52. What are the conditions of the bail?(3 points) 53. May a person under detention by legal process be released or transferred?