UNIVERSITY OF THE EAST COLLEGE OF LAW

REMEDIAL LAW DEPARTMENT

ASSESSMENT QUIZ 1

REMEDIAL LAW II
February 14, 2023 6:30 P.M – 9:00 P.M.

INSTRUCTIONS

This is a three (3) hour ONLINE examination. No extensions will be allowed.

Answer the questions in a brief and concise manner directly on the questionnaire.
Each question in Part 1 has 5 points weight and for Part 2 each question has 3
points. Underline your answer in Part 2. Good Luck.

PART 1
I

In a buy-bust operation, 30 kilos of shabu were seized from Dave and Daryll. They were arrested
and placed on inquest before Prosecutor Danilo Doon who ordered their continued detention.
Thereafter, the information for the sale and distribution of shabu was filed in court. When
arraigned, Dave and Daryll pleaded not guilty to the charge. During pre-trial, counsel for both of
the accused raised, for the first time, the illegality of the arrest. The case proceeded to trial. After
trial, the court scheduled the promulgation of judgment with notice to both the accused and their
counsel, Atty. Dimayuga. During the promulgation, only Dave and Atty. Dimayuga were
present. Both the accused were convicted of the crime charged.

(a) Was the challenge to the validity of the arrest timely raised? The validity of an arrest can be
challenged anytime during the proceedings. It is for the court to consider whether to include the
matter as an issue to be resolved in the case.

(b) What is the remedy available to Daryll, if any, to be able to file an appeal? In the case, Daryll
should submit himself to the jurisdiction of the court in order to avail of post judgment remedies.
His failure to appear during the promulgation of the decision has made him a fugitive from
justice and prevents him from availing of any reliefs under the Rules and law.

II

When does a public prosecutor conduct an inquest instead of a preliminary investigation? An

inquest proceeding will be conducted if a person has been arrested without a warrant under the
circumstances justified by the Rules and law.

III
Under Section 5, Rule 113 a warrantless arrest is allowed when an offense has just been
committed and the peace officer has probable cause to believe, based on his personal knowledge
of facts or circumstances, that the person to be arrested has committed it. A policeman
approaches you for advice and asks you how he will execute a warrantless arrest against a
murderer who escaped after killing a person. The policeman arrived two (2) hours after the
killing and a certain Max was allegedly the killer per information given by a witness. He asks
you to clarify the following:

(A) How long after the commission of the crime can he still execute the warrantless arrest?
The warrantless arrest cannot be effected by the police officer as he has no personal knowledge
with regard to the commission of the crime. The statement of the witnesses is not the same
circumstance contemplated by the Rules as personal knowledge.
(B) What does "personal knowledge of the facts and circumstances that the person to be
arrested committed it" mean? The term is to be defined as the having information of sufficient
probability and knowledge by the arresting officer as to the identity of the malefactor which
could be based on previous modus, evidence, familiarity of actions, or information acquired due
to the performance of sworn duties.

IV

At the Public Attorney's Office station in Taguig where you are assigned, your work requires you
to act as public defender at the local Regional Trial Court and to handle cases involving
indigents.

IV(A) In one criminal action for qualified theft where you are the defense attorney, you learned
that the woman accused has been in detention for six months, yet she has not been to a
courtroom nor seen a judge.

What remedy would you undertake to address the situation and what forum would you use to
invoke this relief? (3%) File a Motion to set case for Arraignment.

IV(B) In another case, also for qualified theft, the detained young domestic helper has been
brought to court five times in the last six months, but the prosecution has yet to commence the
presentation of its evidence. You find that the reason for this is the continued absence of the
employer-complainant who is working overseas.

What remedy is appropriate and before which forum would you invoke this relief? File with the
court where the case is pending a Motion to Dismiss the case and invoke the Constitutional Right
of the accused to speedy trial.

IV(C) Still in another case, this time for illegal possession of dangerous drugs, the prosecution
has rested but you saw from the records that the illegal substance allegedly involved has not been
identified by any of the prosecution witnesses nor has it been the subject of any stipulation.
Should you now proceed posthaste to the presentation of defense evidence or consider some
other remedy? Explain the remedial steps you propose to undertake. No. I will not proceed to
present evidence but rather file a Demurrer to Evidence on the ground that the evidence so far
presented by the prosecution fails to meet the quantum of guilt beyond reasonable doubt.

PART 2

Leave of court is required to amend a complaint or information before arraignment if the

amendment __________.
(A) Upgrades the nature of the offense from a lower to a higher offense and excludes any of
the accused
(B) Upgrades the nature of the offense from a lower to a higher offense and adds another
accused
(C) Downgrades the nature of the offense from a higher to a lower offense or excludes any
accused
(D) Downgrades the nature of the offense from a higher to a lower offense and adds another
accused

VI

Which of the following distinguishes a motion to quash from a demurrer to evidence?

(A) A motion to quash a complaint or information is filed before the prosecution rests its
case.
(B) A motion to quash may be filed with or without leave of court, at the discretion of the
accused.
(C) When a motion to quash is granted, a dismissal of the case will not necessarily follow.
(D) The grounds for a motion to quash are also grounds for a demurrer to evidence.

VII

An accused may move for the suspension of his arraignment if:

(A) A motion for reconsideration is pending before the investigating prosecutor.

(B) Accused is bonded and his bondsman failed to notify him of his scheduled arraignment.
(C) A prejudicial question exists.
(D) There is no available public attorney.

VIII

A criminal case should be instituted and tried in the place where the offense or any of the
essential elements took place, except in:

(A) Estafa cases;

(B) Complex crimes;
(C) Cases cognizable by the Sandiganbayan;
(D) Court martial cases.

IX

X was charged for murder and was issued a warrant of arrest. X remains at large but wants to
post bail. X's option is to:

(A) File a motion to recall warrant of arrest;

(B) Surrender and file a bail petition;
(C) File a motion for reinvestigation;
(D) File a petition for review with the DOJ.

X
Angie was convicted of false testimony and served sentence. Five years later, she was convicted
of homicide. On appeal, she applied for bail. May the Court of Appeals deny her application for
bail on ground of habitual delinquency?

(A) Yes, the felonies are both punishable under the Revised Penal Code.
(B) Yes, her twin convictions indicated her criminal inclinations.
(C) No, the felonies fall under different titles in the Revised Penal Code.
(D) No, the charges are both bailable.

XI

Which of the following is a correct statement of the rule on amendment of the information in a
criminal proceeding?

(A) An amendment that downgrades the offense requires leave of court even before the
accused pleads.
(B) Substantial amendments are allowed with leave of court before the accused pleads.
(C) Only formal amendments are permissible before the accused pleads.
(D) After the plea, a formal amendment may be made without leave of court.

XII

The Metropolitan Trial Court convicted Virgilio and Dina of concubinage. Pending appeal, they
applied for bail, claiming they are entitled to it as a matter of right. Is their claim correct?

(A) No, bail is not a matter of right after conviction.

(B) Yes, bail is a matter of right in all cases not involving moral turpitude.
(C) No, bail is dependent on the risk of flight.
(D) Yes, bail is a matter of right in the Metropolitan Trial Court before and after conviction.

XXXXXXXXXX NOTHING FOLLOWS XXXXXXXXXX