Criminal Procedure - Removal Exam - Proper Remedies Flashcards
What is the remedy of the accused If the Information charges him with two offenses?
File a motion to quash the Information, at any time before he enters a plea; except, when a single punishment for various offenses is prescribed by law Sec. 1, Rule 117
What is the remedy of the accused If he is charged with murder, and no bail is recommended for his provisional liberty?
Filed a motion for bail; the prosecution is required to show that the evidence of guilt is strong. if the evidence of guilt is not strong, the accused may post bail.
What is the remedy of the accused If after the promulgation of a judgment finding him guilty of the offense charged, he discovered a piece of evidence that he believes might alter the results of the trial?
At any time before the judgment of conviction becomes final, he may file a motion for new trial on ground of newly discovered evidence. He will show, among other things, that the evidence could not with reasonable diligence have been discovered during the trial.
What is the remedy of the accused If the previously filed civil action contains an issue that is intimately related to the issue raised in the criminal action instituted against him?
At any time before the prosecution rests, he may file a motion in the court trying the criminal action for the suspension of the criminal action.
What is the remedy of the accused If he claims that his arrest is illegal?
If a case has already been filed against him but before he enters a plea, he may file a motion to quash on the ground that the court has no jurisdiction over his person. But if no case has yet been filed against him, he may file a petition for habeas corpus to assail the legality of his arrest.
What is the remedy of the accused If he is charged with homicide, and the information against him, is filed in court without preliminary investigation and he desires that a preliminary investigation be concluded?
At any time before entering a plea, he may file a motion for the suspension of the proceedings and for the court to direct the prosecution to conduct a preliminary investigation.
What is the remedy of the accused If he is in jail facing trial for attempted murder; he is unable to post bail because of poverty and he would like to be released from detention?
He may file an application for recognizance under R.A. No. 10389. Under this law, recognizance is a matter of right in all offenses not punishable by death, reclusion perpetua, or life imprisonment. However, he must show that he is an indigent.
What is the remedy of the accused If he is convicted of qualified seduction upon his plea of guilty, and he realizes that he has entered a plea of guilty because of a mistaken belief that he would be released from jail if he pleads guilty?
At any time before the judgment of conviction becomes final, he may file a motion to withdraw his plea of guilty, alleging to have been made improvidently, and to be allowed to substitute it with a plea of not guilty.
What is the remedy of the accused If he has pleaded to the charge and is now undergoing trial, but, then he realizes that the facts charged in the information do not constitute any offense?
He may file a motion to quash the information on the ground that the facts charged to do not constitute an offense. This he may do even after he has already pleaded to the charge because this ground is not waived even if not set up in a motion to quash before plea.
What is the remedy of the accused If his case for rape is pending in in the RTC, Branch 5, Baguio City, but his material witness lives in Marawi and he has no means to attend the trial?
He may take the conditional examination of this witness before a judge or a member of the Philippine bar in good standing in Marawi or nearby place within 100 kilometers from where he lives.
What is the remedy of the prosecution If the court dismissed the criminal action on ground of insufficiency of evidence, and the prosecution believes that in dismissing the criminal action, the court acted with grave abuse of discretion?
The prosecution may file a petition for review on certiorari, alleging grave abuse of discretion on the part of the trial court in dismissing the criminal action. Here, the accused will not be placed in double jeopardy.
What is the remedy of the prosecution If it has no evidence available for the proper prosecution of the criminal case for rape with homicide against X, Y and Z?
Before it rests, the prosecution may move for the discharge of any of the accused who does not appear to be the most guilty to be utilized as a state witness. Or, this witness may be admitted into the witness protection program as the offense involved is a grave offense, provided the other conditions under R.A No. 6981 are present.
What is the remedy of the prosecution If, at the pretrial, the accused made oral admission of material facts, and the prosecution would like to use such admissions against the accused?
The prosecution may ask the court to require that the admissions be reduced into writing to be signed by the accused and his counsel.
What is the remedy of the prosecution If the charge against the accused is robbery, but the evidence presented during the trial shows that the crime committed is bribery?
At any time before judgment, the prosecution may file a motion asking the court to dismiss the original information for robbery, upon the filing of a new one charging bribery. This is called substitution.
What is the remedy of the prosecution If the accused files a motion to quash on ground of lack jurisdiction over the offense, and the court sustains the motion to quash?
The prosecution may re-file case in the court of competent jurisdiction.
