CRIMINAL PROCEDURE
FINAL EXAMS, OCTOBER 1O, 2008
FEU-LAW
FINAL EXAMS, OCTOBER 1O, 2008
FEU-LAW
1. Explain the Time Bar Rule (20 pts.)
2. X was charged with Homicide in the RTC of Manila. After X’s plea of Not Guilty, the Prosecution presented its evidence and formally offered its exhibits. Before admitting or objecting to the exhibits offered by the Prosecution, X moved that the case be dismissed on the ground of insufficiency of evidence. The RTC denied the Motion. Thereafter, X called his first witness to the stand. The Prosecution objected, contending that X waived his right to present evidence since he never asked leave of court to demur to the Prosecution’s evidence. Decide with reason (20 pts).
3. X was charged with Homicide before the RTC of Quezon City. Through counsel, he filed a Petition for Bail. Without conducting hearing on the Petition and without giving the Prosecution opportunity to Comment, the Judge granted bail to X after evaluating the evidence on record which tended to show that the evidence of guilt was not strong.
a. Was the procedure followed by the Judge correct? Justify.
b. Suppose X, after trial, was found guilty of murder and sentenced to reclusion perpetua and he appealed to the Supreme Court, is he entitled to bail during the pendency of his appeal? Justify.
c. Suppose X was convicted of Homicide and was sentenced to reclusion temporal and he appealed to the Court of Appeals, is he entitled to bail during the pendency of such appeal? Justify (20 pts.).
4. a. X was charged with Estafa and pleaded Not Guilty. Thereafter, the Prosecution repeatedly sought and obtained postponements over the objection of the accused. At the succeeding hearing, the Prosecution again sought postponement on the ground that its only witness was out of the Country. If you were X’s counsel, what remedy wIll you avail of to finally cause a dismissal of the case?
b. The Information filed against X charged Estafa and Falsification of Public Document. X has not yet been arraigned. As X’s lawyer, will you file a Motion to Quash or a Motion for Bill of Particulars? Justify. (20 pts.)
5. Give a flow chart of appeal in criminal cases from the MTC to the Supreme Court (20 pts.).
2. X was charged with Homicide in the RTC of Manila. After X’s plea of Not Guilty, the Prosecution presented its evidence and formally offered its exhibits. Before admitting or objecting to the exhibits offered by the Prosecution, X moved that the case be dismissed on the ground of insufficiency of evidence. The RTC denied the Motion. Thereafter, X called his first witness to the stand. The Prosecution objected, contending that X waived his right to present evidence since he never asked leave of court to demur to the Prosecution’s evidence. Decide with reason (20 pts).
3. X was charged with Homicide before the RTC of Quezon City. Through counsel, he filed a Petition for Bail. Without conducting hearing on the Petition and without giving the Prosecution opportunity to Comment, the Judge granted bail to X after evaluating the evidence on record which tended to show that the evidence of guilt was not strong.
a. Was the procedure followed by the Judge correct? Justify.
b. Suppose X, after trial, was found guilty of murder and sentenced to reclusion perpetua and he appealed to the Supreme Court, is he entitled to bail during the pendency of his appeal? Justify.
c. Suppose X was convicted of Homicide and was sentenced to reclusion temporal and he appealed to the Court of Appeals, is he entitled to bail during the pendency of such appeal? Justify (20 pts.).
4. a. X was charged with Estafa and pleaded Not Guilty. Thereafter, the Prosecution repeatedly sought and obtained postponements over the objection of the accused. At the succeeding hearing, the Prosecution again sought postponement on the ground that its only witness was out of the Country. If you were X’s counsel, what remedy wIll you avail of to finally cause a dismissal of the case?
b. The Information filed against X charged Estafa and Falsification of Public Document. X has not yet been arraigned. As X’s lawyer, will you file a Motion to Quash or a Motion for Bill of Particulars? Justify. (20 pts.)
5. Give a flow chart of appeal in criminal cases from the MTC to the Supreme Court (20 pts.).
No comments:
Post a Comment