2013 (Remedial Law) Bar Exam Questions: Essay Question 7

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VII.

You are the defense counsel of  Angela Bituin who has been charged under RA 3019 (Anti-Graft and Corrupt Practices Act) before the Sandiganbayan. While Angela has posted bail, she has yet to be arraigned.Angela revealed to you that she has not been investigated for any offense and that it was only when police officers showed up at her residence with a warrant of arrest that she learned of the pending case against her. She wonders why she has been charged before the Sandiganbayan when she is not in government service.

VII(A) What “before-trial” remedy would you invoke in Angela’s behalf to address the fact that she had not been investigated at all, and how would you avail of this remedy? (4%)

VII(B) What “during-trial” remedy can you use to allow an early evaluation of the prosecution evidence without the need of presenting defense evidence; when and how can you avail of this remedy? (4%)

8 comments

  1. Eto ang hanggang ngayon hindi ko magets na tanong! Anong ibig sabihin ng examiner sa “before” at “during” trial. Nakakakaba kasi 8 points to.

    1. As to this ewan ko bakit sumagi sa isip ko ang demurrer, may be because ang question states during trial, tapos meron na prosecution evidence and none yet for defense. Hopefully may points naman, hehe

      1. Mali ako dito pero may nagsabi sa akin na the proper remedy should have been “motion for preliminary investigation”(before trial) and “modes of discovery”(during trial).

        Suntok sa buwan sagot ko eh “motion to quash warrant” (before trial) and “motion to dismiss based on lack of jurisdiction not being accused of conspiring with any government official”(during trial). Hopefully may points ako for effort.

  2. Motion for preliminary investigation, natatandaan ko sagot, but unfortunately dko na nagawa e elaborate why I opted for this remedy,,inabot na ako nerbyos, kc nalilito na ako dahil hairline and difference tanong ng mga sumunod na tanong, actually napa CR ako dito. huh,

  3. before trial – motion for judicial determination of probable cause.

    during trial – motion to suspend proceedings with motion for reinvestigation

  4. before: waiver of art 125 rpc, motion to set case for preliminary investigation

    after: demurrer to evidence with leave of court

  5. VII(A) What “before-trial” remedy would you invoke
    in Angela’s behalf to address the fact that she had
    not been investigated at all, and how would you avail
    of this remedy? (4%)

    A: File a motion for preliminary investigation
    before the Sandiganbayan where the information was
    filed.

    During the preliminary investigation, she should
    raise that she is not a government employee
    thus the SB does not have jurisdiction upon her
    person, and therefore the case should be dismissed
    against her.

    B. During trial remedy
    A: File a motion for leave of court to file
    demurrer to evidence.

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