Professional Documents
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(b) The denial of the motion to dismiss was not proper. The court
had no authority to issue the writ of replevin whether the firearm
was in custodia legis or not. The motion to recover the firearm
should be filed in the court where the criminal action is pending.
Arrest; Warrantless Arrests; Objection (2000)
FG was arrested without a warrant by policemen while he was
walking in a busy street. After preliminary investigation, he was
charged with rape and the corresponding information was filed in
the RTC. On arraignment, he pleaded not guilty. Trial on the merits
ensued. The court rendered judgment convicting him. On appeal,
FG claims that the judgment is void because he was illegally
arrested. If you were the Solicitor General, counsel for the People of
the Philippines, how would you refute said claim? (5%)
and the offended party was notified. It was not necessary for the
offended party to give her consent thereto. (Sec. 8 of Rule 117).
Information (2001)
The prosecution filed an information against Jose for slight physical
injuries alleging the acts constituting the offense but without
anymore alleging that it was committed after Joses unlawful entry
in the complainants abode. Was the information correctly prepared
by the prosecution? Why? (5%)
SUGGESTED ANSWER: No. The aggravating circumstance of
unlawful entry in the complainants abode has to be specified in the
information; otherwise, it cannot be considered as aggravating.
(Sec. 8 of Rule 110, Revised Rules of Criminal Procedure)
ALTERNATIVE ANSWER: The information prepared by the
prosecutor is not correct because the accused should have been
charged with qualified trespass to dwelling.
Information; Amendment (2001)
A was accused of homicide for the killing of B. During the trial, the
public prosecutor received a copy of the marriage certificate of A
and B. (a) Can the public prosecutor move for the amendment of
the information to charge A with the crime of parricide? (b)
Suppose instead of moving for the amendment of the information,
the public prosecutor presented in evidence the marriage
certificate without objection on the part of the defense, could Abe
convicted of parricide?
Mariano was convicted by the RTC for raping Victoria and meted the
penalty of reclusion perpetua. While serving sentence at the
National Penitentiary, Mariano and Victoria were married. Mariano
filed a motion in said court for his release from the penitentiary on
his claim that under Republic Act No. 8353, his marriage to Victoria
extinguished the criminal action against him for rape, as well as the
penalty imposed on him. However, the court denied the motion on
the ground that it had lost jurisdiction over the case after its
decision had become final and executory. (7%) a) Is the filing of the
court correct? Explain.
SUGGESTED ANSWER: No. The court can never lose jurisdiction
so long as its decision has not yet been fully implemented and
satisfied. Finality of a judgment cannot operate to divest a court of
its jurisdiction. The court retains an interest in seeing the proper
execution and implementation of its judgments, and to that extent,
may issue such orders necessary and appropriate for these
purposes. (Echegaray v. Secretary of Justice, G.R. No. 13205,
January 19, 1999)
b) What remedy/remedies should the counsel of Mariano take to
secure his proper and most expeditious release from the National
Penitentiary? Explain.
SUGGESTED ANSWER: To secure the proper and most expeditious
release of Mariano from the National Penitentiary, his counsel
should file: (a) a petition for habeas corpus for the illegal
confinement of Mariano (Rule 102), or (b) a motion in the court
which convicted him, to nullify the execution of his sentence or the
order of his commitment on the ground that a supervening
development had occurred (Melo v. People, G.R. No. L- 3580, March
22, 1950) despite the finality of the judgment.
Parties; Prosecution of Offenses (2000)
Your friend YY, an orphan, 16 years old, seeks your legal advice.
She tells you that ZZ, her uncle, subjected her to acts of
lasciviousness; that when she told her grandparents, they told her
to just keep quiet and not to file charges against ZZ, their son.
Feeling very much aggrieved, she asks you how her uncle ZZ can