Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Jurisdiction over Crimes Punishable by Destierro Where the imposable penalty is destierro, the case falls within the exclusive jurisdiction of the Municipal Trial Court, considering that in the hierarchy of penalties under Article 71 of the Revised Penal Code, destierro follows arresto mayor which involves imprisonment ).JETEMC /P </MCID 4 >5DC BT/TT0 1 Tf-0.0 0 Tw 10.02 0 0 10.02 50.4 697.58 7 Tc -0

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Page 172 of 289

2 21. a2 07g/T Tf30 Tc 0 Tw 013..98 52764.59 21. a

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.TENEO rENTRAL rPERATIONS r

Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

approval. Should the prosec

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Page 174 of 289

Remedial Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

cs

[i

()

67

5 (

r c

) )

- -

23

yt

IL

) (

5 6

( 5

O a

)N

- S

P ]

C T

.J

(w

A [

(L

o )

n u

o e

f .

( T

T j

qc

O o

( 2

T 5

E 1

.u

)r

9t

9)

99

65

3s

4)

f-

E 2

-5

8o

Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

a. the commission of the crimes; b. the last conviction or release; c. the other previous conviction or releaseann of tean(eann )]TJ0.0007 Tc 0 Tw .4173 -1150 Td[(ccua)6(ed.6(s)-3(e; )]TJ

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Page 177 of 289

Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

EXCEPTION: When the place of commission is an essential element of the offense, the place of commission e.g. trespass to dwelling, destructive arson, robbery in an inhabited house. PURPOSE: To show territorial jurisdiction of the court.

May conviction be had even if it appears that the6( )]TJ0 T0.1353 Tw 0 -1.144 TD[(crime )18(w)-25(a)5(s )6(c)5(ommitte

surt.

UNLESS: essential element of the offense charged. Section 11. Date of commission of the offense What is the determinative6factor in the6resolution of the question involving a variance between the allegation

the

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Page 178 of 289

Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Page 179 of 289

QuickT ss os

Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Page 183 of 289

QuickTime and a

Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

PURPOSES: 1. To determine whether a crime has been committed and whether there is probable cause to believe that the accused is guilty thereof. 2. To preserve evidence and keep the witnesses within the control of the State. 3. To determine the amount of bail, if the offense is bailable. Preliminary investigation is required to be conducted BEFORE the filing of a complaint or information for an offense where the penalty prescribed by law is at least 4 years, 1 months and 7 day without regard to the fine. It is not part of the trial of the criminal action in court. Nor is its record part of the record of the case in the RTC. The dismissal of the case by the investigator will not constitute double jeopardy and will not bar the

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Page 185 of 289

Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Page 186 of 289

AR

Remedial Law Summer Reviewer ATENEO CENTRAL B OPERATIONS 2007

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Page 187 of 289

TIFF (Uncompressed) decompressorare needed to see this picture. 2007

QuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.

Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Page 190 of 289

Remedial Law Summer Reviewer

ATENEO CENTRAL B

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

O eviewc - 13.9204.68921.9 176.Bictu04 T050.09.4Tw 13.9.4Tw103.32981.9 176R(EMT)3(P >awA>)3( eviewc - 13.920145.26981.9 176.@1 and04 T060.09.4Tw 13.9.4Tw1 nf3821.9 176.A

Fuic[Time and a TD<< (:ncompressed) decompressor are needed to see this picture.

Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Page 193 of 289

Remedial Law Summer Reviewer

ATENEO CENTRAL B

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

person to report periodically to the court and to make

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Page 195 of 289

Remedial Law Summer Reviewer

ATENEO CENTRAL B

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Page 200 of 289

TAEPNRETRAOTLIONS

Remedial Law Summer Reviewer A C B O 2007 Page 201 of 289

where the evidence of the parties in a criminal case are evenly balanced, the constitutional favor of the accused presumption who of innocence should tilt in must be acquitted.

EXCEPTIONS INNOCENCE

TO

THE

PRESUMPTION

OF

QuickTime and a

TIF(Uncompresd)

Remedial Law Summer Reviewer 2007 ATENEO CENTRAL BAR OPERATIONS

The testimony of an accused who testifies on his own behalf but refuses to be cross examined will not be

Page 203 of 289

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

CONFRINTATI()6(N)]TJ/TT0 1 Tf-0.0024 Tc 8.761 0 Td( )TjETEMC /P </MCID 2 >BDC BT/TT0 1 Tf-0.0018 Tc 0.0832 Tw 10.02 has to the witness, and the witness m84y iderinfyto tNS acc6Iinnd t66Ieompc6Ir

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Page 204 of 289

WAIVER

()6(F)1(

RIGH)4(T

TO

C)4(ONF)6(R()6(NT)7(A)4(T)1(ION

)]TJETEMC

/P

</MCI3

11

>BDC

BT/TT0

Remedial Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS

QuickTime and a compressed) decompressor are needed to see this picture.

Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Page 206 of 289

QuickTime and a

A 50.4 A

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.Remedial Law Summer Reviewer

Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

IT IS NOT THE OFFICE OF THE BILL OF P A R T C IU L A R S T O : a. Supply material allegation necessary to the validityofapleading b. Change a cause of action or defense stated in the pleading, or to state a cause of action or defenseotherthantheonestated. c. action or a rule of evidence on which he

d. Furnish evidentiary information whether such 10.02 0 0 3 Tc 0.4344 Tw 1.413 -1.144 Td[(informatio)6(n con)6(s)-3( party or which will enable the opposite party to establish an affirmative defense not yet pleaded.

The filing of a motion for bill of particulars suspendt

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Page 209 of 289

from MOTION1TiteOn(QUASH-the RULE serill 1e.01-the ccumativlea motion. 11. Saiiromcs6(arraignmfroe1.1Jt )6(motion. )]TJETE33Cthe /gs49.02 )6(motion. 54 > B )]TJETE23C DC BT/TT0 /gs49.02 1 Tf Tc Tw 54 B > 1324y DC BT/TT0 t31C5590.03750.401 1 Tf Tc Tw 10.02 375.5415 0 1220.22 Tm( 50.401 )TjETE34 375.5415 /gs49.02 Tm( 513 )TjETE24C > BDC BT/46( /gs49.02 )rty5C t TT0 Q0 1 gBT/9er Tf Tc Tw 1324y t31C547.863450.4[(S1e)50smov1( )6quasemotion.

Ifthemoinsgrad,vpy.(Su1l)w

Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

issuing an order requiring why the information may not be quashed on the ground stated in said order. Section 2. Form and contents REQUIRED FORM OF MTQ 1. It must be in writing 2. It must be signed by the accused OR his counsel

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Page 210 of 289

Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Page 214 of 289

Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

observe the prescribed limit without authorization by the Supreme Court. proper

REQUISITES FOR TRIAL IN ABSENTIA: 1. The accu.0033.(2 has b3.(eend a65(r)-2raign33.(2 )]TJETEMC /P </MCID43 >BDC BT/TT0 1 Tf0.0015 Tc -0.0059 Tw 10.0

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Page 215 of 289

Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Page 216 of 289

Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

3. Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence of the prisoner for trial. 4. When the custodian of the prisoner receives from the public attorney a properly supported request for the availability of the prisoner for purpose of trial, the prisoner shall be made available accordingly. Public Attorneys referred to in this section are those attorneys of the Public Attorneys Office of the Department of Justice who are assisting accused not financially capable to have a counsel of their own. These public attorneys enter their appearance in behalf of the accused upon his request or that of his relative or upon being appointed as counsel de oficio by the court. The sanctions are designed to speed up the trial and disposition of the cases and to encourage the lawyers to go to court ready for trial and not ready to postpone. Section 8. Sanctions ACTS WHICH EVOKE THE SANCTION: 1. Knowingly allowing the case to be set on trial without disclosing that a necessary witness would be unavailable; 2. Files a motion solely for delay, knowing it to be frivolous and without merit; 3. Knowingly makes a false statement in order to obtain continuance;

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Page 217 of 289

Remedial Law Summer Reviewer

ATENEO CENTRAL B

QuickT FF (Uncompress are needed to s

Remedial Law Summer Reviewer

A

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Remedial Law Summer Reviewer

ATENEO CENTRAL BE N T 2

QuickTime and a TIFF (Uncompressed) decompressor

Remedial th-0.9e

Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Page 224 of 289

TAEPNRETRAOTLIONS

Remedial Law Summer Reviewer A C B O 2007 Page 225 of 289

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

QuickTim TIFF (Uncompressed) decompressor are needed to see this picture.

AFFIDAVIT OF. . DESISTANCE

Remedial Law Summer Reviewer

AR

ATENEO CENTRAL B

OPERATIONS

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

QuickTime and a (Uncompressed) decompressor

Remedial Law Summer Reviewer

ATENEO CENTRAL B

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Remedial Law Summer Reviewer

ATENEO CENTRAL B

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

QuickTime and a

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Page 237 of 289