Rule 119

Question 1

DUTIES OF A PUBLIC ATTORNEY ASSIGNED TO DEFEND AN ACCUSED UNDER PREVENTIVE DETENTION

Answer 1

PAO SHALL:

(a) promptly UNDERTAKE to obtain the presence of the prisoner

(b) the custodian of the prisoner shall promptly advise the prisoner of the charge and of his right to demand trial upon receipt of that notice

(c) the public attorney shall promptly SEEK TO OBTAIN the presence of the prisoner for trial Upon receipt of such notice

(d) When the custodian of the prisoner receives from the public attorney a properly supported request, the prisoner shall be made available accordingly

Question 2

PUNISHABLE ACTS DONE BY PROSECUTION

Answer 2

RULE 119.8

1. Proceeding trial without DISCLOSING unavailable witness
2. Files a MOTION solely for DELAY
3. Making FALSE STATEMENTS to OBTAIN CONTINUANCE
4. FAILS to PROCEED to TRIAL WITHOUT JUSTIFICATION

Question 3

SANCTIONS FOR PROSECUTION

Answer 3

NOT MORE THAN:
5K- COUNSEL DE OFFICIO/PAO/PROSEC
2OK- PRIVATE COUNSEL

Question 4

REMEDY OF ACCUSED IF NOT BROUGHT TO TRIAL WITHIN LIMIT

Answer 4

R119.9
MOTION TO DISMISS ON THE GROUND OF DENIAL OF RIGHT TO SPEEDY TRIAL

Question 5

WHAT IS THE ORDER OF TRIAL?

Answer 5

P-A-P-A-M

1, PROSECUTION PRESENT EVIDENCE
2. Accused present evidence
3. Prosec Present REBUTTAL and SUR-REBUTTAL
4. ADMISSION OF EVIDENCE (unless court directs oral argument/ memoranda)
5. MODIFICATION of trial if ACCUSED admits but with LAWFUL DEFENSE

Question 6

DOES RA 6981 CONSTITUTE AS AN INTRUSION INTO AJUDICIAL PREROGATIVE?

Answer 6

The discharge of an accused is part of the exercise of jurisdiction but is not a recognition of an inherent judicial function. (Webb v. De Leon)

Question 7

WHAT MUST BE DONE IF A MISTAKE HAS BEEN MADE INCHARGING THE PROPER OFFENSE?

Answer 7

the court shall commit the accused to answer for the proper offense and DISMISS the original case upon the filing of the proper information.

Question 8

WHEN MAY the public be excluded in THE TRIAL?

Answer 8

Rule 119, Sec 21

1. OD/OPM- offensive to Decency/ Public Morals
2. Upon Motion of the Accused

Question 9

WHEN MAY the public be excluded in THE TRIAL?

Answer 9

Rule 119, Sec 21

1. OD/OPM- offensive to Decency/ Public Morals
2. Upon Motion of the Accused