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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

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Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007


approval. Should the prosec

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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

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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.

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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

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Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

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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

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Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

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ATENEO CENTRAL B

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ATENEO CENTRAL B

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person to report periodically to the court and to make

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ATENEO CENTRAL B

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TAEPNRETRAOTLIONS

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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.

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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

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Remedial Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

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ATENEO CENTRAL BAR OPERATIONS

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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

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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

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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

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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;

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ATENEO CENTRAL B

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ATENEO CENTRAL BE N T 2

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Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

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TAEPNRETRAOTLIONS

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AFFIDAVIT OF. . DESISTANCE

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OPERATIONS

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ATENEO CENTRAL B

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ATENEO CENTRAL B

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