A.

Big Boy and Little Girl are sweethearts. Arche courted Little Girl and got the
ire of Big Boy. In one afternoon, Big Boy picked up Little Girl at Robinson’s Galeria.
After that meeting, Little Girl disappeared and her lifeless body was found floating
under Marcelo Fernan Bridge three (3) days after her disappearance. The police
conducted an investigation and the only evidence they got is the CCTV footage of Big
Boy and Little Girl walking three (3) days prior to the disappearance. On the basis of
the CCTV footage, Big Boy was arrested by the police without an arrest warrant
inside his house in Mandaue City. During custodial investigation, Big Boy confessed
his guilt before the police officer assisted by the City Attorney of Mandaue City. An
extrajudicial confession was signed and notarized. The a media reporter
interviewed Big Boy and he gave the same confession. A Catholic Priest also visited
Big Boy and gave him the sacrament of confession and Big Boy gave the same
confession. The trial followed before Judge Bagsik of RTC Mandaue City.

Answer the following questions:

1. If you are the counsel of Big Boy, what will be you legal course/s of action
prior to
2. his scheduled arraignment? Explain.
Prelimiary investigation.
Waiver of detention
Counter affidavit rule 112

Inquest ( waiver of detention)

Invalid (Unlawful arrest warrantless arrest no longer allowed )
Miranda
Priest inadmissible
Priveleged comm
Counsel
Inafmissivle police officer bill of rights

3. If you are the public prosecutor, what evidence will you use to secure the
conviction of Big Boy? Explain. (15%)
Cctv circumstantial evidenxe
Media confession ( jurisptufence)

B.

The police authorities conducted a buy-bust operation at Brgy. Pasil, Cebu

City. The target was Big Boy who is known to be a drug pusher in the community.
Prior to the buy-bust operation, a surveillance was conducted and police officers
were convinced that subject was engaged in selling illegal drugs. On March 28, 2019
at 10:00 in the evening, three (3) police officers implemented the buy bust
operation. The poseur buyer first approached Big Boy and asked him: “Do you have
shabu?” and Big Boy Replied: “I am not selling shabu sir because I am a good
citizen”. The poseur buyer instructed Big Boy to get five (5) sachets of shabu
because he need it and he has money. Big Boy left and returned bringing two (2)
sachets of shabu. The poseur buyer gave the marked money of Php 1,000.00 and Big
Boy gave the two (2) sachets of shabu. After the exchange of money and shabu, the
two (2) members of the team swooped in and arrested Big Boy. Big Boy swallowed
the Php 1,000.00 bill. Big Boy was arrested and brought before the public
prosecutor for an inquest proceeding. Big Boy was detained for ten (10) days and
on the eleventh (11th) day, the fiscal filed an information in court for violation of
Section 5, RA. 9165 of selling illegal drugs (Shabu). The trial ensued and if you were
hired by Big Boy as his counsel, what will be your legal course/s of action. Explain.
(15%)

Distinction of instigation or entrapment