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When is the 15 day fresh period rule should be counted from within which to file a
notice of appeal?
The 15 days within which to file a notice of appeal is counted from the
receipt of the order dismissing or denying a motion for new trial or motion
for reconsideration. (Neypes v. CA)
3. As a judge, you are confronted with an appeal filed from the decision or order of the
DENR regional office to the DENR Secretary, an appeal which is administrative in
nature. Will you grant the appeal? Explain.
No. I will not grant the appeal. In a similar case decided by the supreme
court, it was held that the fresh period rule only covers judicial
proceedings under the 1997 Rules of Civil Procedure. (Panolino v. Tajala)
6. Give the 3 instances when warrantless arrest may be lawfully effected under Sec 5,
Rule 113.
The motion for leave of court to file demurrer to evidence shall specifically
state its grounds and shall be filed within a non-extendible period of five
days after the prosecution rests its case.
If leave of court is granted, the accused shall file the demurrer to evidence
within a non-extendible period of ten days from notice.
(b) That the court trying the case has no jurisdiction over the offense
charged;
(c) That the court trying the case has no jurisdiction over the person of the
accused;
(d) That the officer who filed the information had no authority to do so;
(f) That more than one offense is charged except when a single punishment
for various offenses is prescribed by law;
(i) That the accused has been previously convicted or acquitted of the
offense charged, or the case against him was dismissed or otherwise
terminated without his express consent. (3a)
11. When is bail a matter of right and a matter of discretion?
There are two schools of thought whether the application for bail is applicable in
extradition cases.
In the case of U.S vs. Purganan, the SC made it clear that the constitutional
provision on bail does not apply to extradition proceedings. Hence, it is available only
in criminal proceedings.
On one hand, In the case of Government of Hongkong vs. Olalia Jr., it was ruled
that while the extradition law does not provide for the grant of bail to an extradite,
however, there is no provision prohibiting a person from filing a motion for bail, a
right to due process under the constitution. It is the prolonged deprivation of liberty
which prompted the extradition court to grant bail.
13. Which court has the authority to issue Hold Departure Order?
Under SC Circular 39-37, only the RTC in criminal cases within their exclusive
jurisdiction has the authority to issue Hold Departure Order.
The SC held that an executive judge only has administrative supervision over lower
courts. (Mupas vs. Espanol)
15.