Question
Criminal Law | Extinction and Survival of Civil Liability Ex Delicto | ESSAY
Medium
...on civil liability ex delicto and the effect of compromises; Rules on Criminal Procedure addressing extrajudicial settlements and court approval; Civil Code principles on extinguishment of civil obligations via compromis
Citations: Revised Penal Code provisions on civil liability ex delicto and the effect of compromises; Rules on Criminal Procedure addressing extrajudicial settlements and court approval; Civil Code principles on extinguishment of civil obligations via compromise.
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Intervention of Private Offended Party | ESSAY
Medium
In a criminal case for grave threats, the private offended party, the owner of a neighboring electronics shop, moves to intervene in the criminal action to pursue civil damages arising from the offense, including loss of...
Citations: Rules of Court on Intervention of Private Offended Parties in Criminal Proceedings; jurisprudence reaffirming that civil liability arising from an offense may be pursued by intervention or by a separate civil action., Revised Rules on Criminal Procedure (as they relate to intervention) and relevant civil action provisions for damages arising from offenses.
Question
Criminal Law | Extinction and Survival of Civil Liability Ex Delicto | ESSAY
Medium
...e provided examples while staying squarely within the topic. Rules on Criminal Procedure, Rule 111 (Compromise in criminal actions and effect...
Citations: Rules on Criminal Procedure, Rule 111 (Compromise in criminal actions and effect on civil liability ex delicto), Civil Code, Article 2176 (quasi-delicts and civil liability arising from crimes)
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Pre-trial Agreement | ESSAY
Medium
Under Rule 118, in a criminal case the prosecution and defense sign a written pre-trial agreement stipulating: (i) the prosecution will drop one related charge; (ii) the accused will plead guilty to a lesser offense; (ii...
Citations: Rules of Court, Pre-trial Agreements under Rule 118 (as applicable), Constitutional protections on due process and voluntariness in criminal procedure
Question
Criminal Law | Preventive Imprisonment | ESSAY
Medium
...imprisonment under Philippine law and state its proper purpose in the criminal process. (b) Distinguish preventive imprisonment from ordinary bail and from other forms of pre-trial detention, identifying the controlling...
Citations: Constitution of the Philippines (due process; bail and detention principles)., Rules on Criminal Procedure (Detention of the Accused; preventive imprisonment)., Supreme Court rulings interpreting pre-trial detention and preventive imprisonment (authoritative Philippine authorities).
Question
Criminal Law | Preventive Imprisonment | ESSAY
Medium
...imprisonment under Philippine law and state its proper purpose in the criminal process. (b) Distinguish preventive imprisonment from ordinary bail and from other forms of pre-trial detention, identifying the controlling...
Citations: Constitution of the Philippines, Article III, Section 14(2) on due process and liberty, Rules on Criminal Procedure (pre-trial detention and bail), Revised Penal Code provisions on penalties and related pre-trial safeguards (conceptual basis)
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Incidental to Lawful Arrest | ESSAY
Medium
A police officer on patrol observes Mara, a street vendor, clutching a tote bag and glancing around nervously near a busy market alley. The officer stops Mara, arrests her without a warrant on probable cause to believ...
Citations: Constitution, Article III, Section 2, Rules on Criminal Procedure, Rule 126
Question
Political and Public International Law | Requisites of a Valid Warrant | ESSAY
Medium
A warrant issued by Judge Valdez directs police to search the Marina Center Storage Facility, Unit 7B, Marina Center Building, Marina Street, Pasay City, for firearms, ammunition, and property used in the illicit fire...
Citations: Constitution of the Philippines, Article III, Section 2, Rules of Court (Criminal Procedure), Rule on Warrants of Search and Seizure
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Airport Frisking | ESSAY
Medium
At a domestic airport security checkpoint, a Security Officer of the Airport Security Office stops Passenger A after noting a bulky bulge under A’s coat. Without A’s consent and without a prior warrant, the officer co...
Citations: Constitution of the Philippines, Article III, Section 2 (unreasonable searches and seizures), Rules on Criminal Procedure, Rule 126 (Warrantless Searches and Seizures), Airport security protocols and regulatory authority (authorized security personnel at airports)
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Concept | ESSAY
Medium
...imary venue when the offense is committed in a single place. Rules on Criminal Procedure, Rule 110 (Venue), Constitution, Art. VIII, Sec. 5 (Original jurisdiction of RTCs)
Citations: Rules on Criminal Procedure, Rule 110 (Venue), Constitution, Art. VIII, Sec. 5 (Original jurisdiction of RTCs)
Question
Criminal Law | Service of Sentence | ESSAY
Medium
...with that extinction. Revised Penal Code of the Philippines, Rules on Criminal Procedure
Citations: Revised Penal Code of the Philippines, Rules on Criminal Procedure
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Motion for Reinvestigation | ESSAY
Medium
In a preliminary investigation for murder, the investigating prosecutor initially relies on eyewitness testimony and circumstantial evidence pointing to C as the killer. A newly conducted DNA analysis of a crime-scene...
Citations: Rule 112 of the Rules of Court (Revised Rules on Criminal Procedure), Supreme Court rulings on reinvestigation: grounds include suppression of material evidence and misapprehension of the record, with discretionary consideration of newly discovered evidence before information is filed
Question
Political and Public International Law | Requisites of a Valid Warrant | ESSAY
Medium
Judge Santos issues a search warrant directed at the residence of Marco Dizon, 11 Sunrise Street, San Isidro, Makati City, for firearms, ammunition, illegal drugs, and drug paraphernalia, and for property used in the...
Citations: Constitution, Article III, Section 2 (no warrant issued without probable cause and particular description), Rules on Criminal Procedure (Search Warrants), Philippine case law on lack of particularity and suppression of evidence (exclusionary rule)
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Nature | ESSAY
Medium
Nature of a search warrant: (a) Identify the controlling doctrine on the nature and essential requisites of a search warrant under Rule 126 (probable cause, oath/affirmation, and the requirement that the place to be s...
Citations: Constitution of the Philippines, Article III, Section 2, Rules on Criminal Procedure (Search and Seizure), Philippine case law on particularity and scope of search warrants (general principles)
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Moving Vehicle | ESSAY
Medium
On a rural highway, a police patrol observes a blue sedan weaving between lanes. The officer signals for the vehicle to stop; after a brief pull-over, the driver remains seated while a passenger appears tense. The off...
Citations: Constitution of the Philippines, Article III, Section 2 (Unreasonable Searches and Seizures)., Rules on Criminal Procedure, Rule 126 (Searches and Seizures).
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Effect of the Institution of the Criminal Action on the Prescriptive Period | ESSAY
Medium
...tate the controlling doctrine on the effect of the institution of the criminal action on the prescriptive period. (b) Has the prescriptive period for the offense prescribed as of December 31, 2022? Show your computation...
Citations: Rule 110, Rules of Court (Effect of the institution of the criminal action on the prescriptive period)., Revised Penal Code on prescription of crimes (general principles of interruption and restarting prescriptive periods)., Lawphil – text of Rule 110 (Prescriptive Periods in Criminal Procedure).
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Remedy when Accused is Not Brought to Trial within the Time Limit | ESSAY
Medium
...the related double-jeopardy issue. Rule 119, Sec. 9, Revised Rules of Criminal Procedure...
Citations: Rule 119, Sec. 9, Revised Rules of Criminal Procedure, Constitution of the Philippines, Article III, Sec. 14(2)
Question
Criminal Law | Duty of Courts when Act is Non-punishable or Penalty is Excessive | ESSAY
Medium
...Penal Code, Act No. 3815 (penalties and criminal liability), Rules on Criminal Procedure: information amendments and alignment with statutory penalties
Citations: Revised Penal Code, Act No. 3815 (penalties and criminal liability), Rules on Criminal Procedure: information amendments and alignment with statutory penalties
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Control of Prosecution | ESSAY
Medium
...concepts of (a) variance between information and evidence and (b) the procedure to amend the...
Citations: Rules of Court, Rule 110 (Control of Prosecution) and related provisions on admissibility and amendments; jurisprudence on variance and amendments in criminal procedure
Question
Criminal Law | Due Process | ESSAY
Medium
A city ordinance titled the Public Order Detention Act authorizes local police to detain any person for up to 48 hours upon probable cause that the person will participate in or disrupt a peaceful campus demonstration...
Citations: Constitution of the Philippines, Article III, Section 14(1) (due process of law), Constitution of the Philippines, Article III, Section 14(2) (speedy and public trial; access to counsel), Revised Rules on Criminal Procedure (Detention/Arrest procedures; inquest and review), Other authorities as applicable to procedural due process in detention cases
Question
Political and Public International Law | Requisites of a Valid Warrant | ESSAY
Medium
A judge issues a search warrant directed at the residence of Rosa Morales at 101 Sunrise Avenue, Makati City, to search for illegal drugs and for items used in distributing them. The warrant describes the place but th...
Citations: Constitution of the Philippines, Article III, Section 2 (right against unreasonable searches and seizures; warrants must describe the place and things seized), Rules on Criminal Procedure, Rule 126 (Search Warrants)
Question
Commercial and Taxation Laws | Institution and Prosecution of Criminal Action | ESSAY
Medium
...on the following grounds: (a) a private individual cannot initiate a criminal action for a public offense; (b) there was no valid preliminary investigation; (c) the information is not properly filed because the City Pro...
Citations: 1987 Constitution, Article XI (Office of the Ombudsman and related public accountability provisions), Rules of Court, Rules on Criminal Procedure (Information and Prosecution)
Question
Criminal Law | Preventive Imprisonment | ESSAY
Medium
...imprisonment under Philippine law and state its proper purpose in the criminal process. (b) Distinguish preventive imprisonment from ordinary bail and from other forms of pre-trial detention, identifying the controlling...
Citations: Constitution of the Philippines, Article III, Section 14(2) (right to bail and related pre-trial safeguards), Rules on Criminal Procedure (bail and pre-trial detention concepts)
Question
Criminal Law | Preventive Imprisonment | ESSAY
Medium
...imprisonment under Philippine law and state its proper purpose in the criminal process. (b) Distinguish preventive imprisonment from ordinary bail and from other forms of pre-trial detention, identifying the controlling...
Citations: Constitution of the Philippines, Art III, Sec. 14(2) on the right to bail and due process, Rules on Criminal Procedure (pre-trial detention and preventive imprisonment framework)