2013 (Remedial Law) Bar Exam Questions: Essay Question 4

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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%)

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? (3%)

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. (3%)

IV(D) In one other case, an indigent mother seeks assistance for her 14-year old son who has been arrested and detained for malicious mischief.

Would an application for bail be the appropriate remedy or is there another remedy available? Justify your chosen remedy and outline the appropriate steps to take. (3%)

4 comments

  1. A) motion to dismiss, prejudicial to rights of the accused (speedy disposition of case)
    B) motion to dismiss, failure to prosecute
    C) demurrer with leave of court
    D) habeas corpus

  2. a. motion to set case for arraignment
    b. motion to dismiss, violation of accused’s right to a speedy trial
    c. comment on the formal offer of evidence drugs are inadmissible for not being properly identified or demurrer to evidence with leave of court
    d. habeas corpus

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