I.

II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.

XVI.
a) No. BBs counsel correct.
Section 6 of Rule on Examination of A Child Witness (AM No. 00407-SC) provides that, Every child is presumed qualified to be a
witness. However, the court shall conduct a competency examination
of a child, motu proprio or on motion of a party, when it finds that
substantial doubt exists regarding the ability of the child to perceive,
remember, communicate, distinguish truth from falsehood or
appreciate the duty to tell the truth in court.
b) YES. The action taken by the judge is proper.

Section 6(d) provides that, Examination of a child as to his

competency shall be conducted only by the judge. Counsel for
the parties, however, can submit questions as to the judge that he
may, in his discretion, ask the child.
c) NO.

XVII.
a) Hercules may apply for the issuance of the writ of habeas corpus by
filing a verified petition in court. As long as the detention is illegal, an
application for the issuance of the writ of habeas corpus is available as
the writ of habeas corpus shall extend to all cases of illegal
confinement or detention by which any person is deprived of his
liberty, or by which the rightful custody of any person is withheld from
the person entitled thereto (Section 1, Rule 102).
b) I will raise the defense of a valid search as incidental to a valid
warrantless arrest.
c)
XVIII.
a) No. Mapusok and APKAs defense is not tenable.
Section 1 of the Rule on the Writ of Amparo states that: The petition
for a writ of amparo is a remedy available to any person whose right to
life, liberty and security is violated or threatened with violation by an
unlawful act or omission of a public official or employee, or of a
private individual or entity. The writ shall over extrajudicial killings
and enforced disappearances or threats thereof.
b) Yes. The respondents are correct in saying that ALMA can no longer
file the petition because of the earlier petition by Mayumi with the RTC.
Second sentence of section 2(c) of the Rule on the Writ of Amparo
provides, The filing of a petition by the aggrieved party
suspends the right of all other authorized parties to file similar
petitions. Likewise the filing of the petition by an authorized party on
behalf of the aggrieved party suspends the right of all others,
observing the order established therein.

c) The Rule on the Writ of Amparo, Section 23, part 2:

When a criminal action and a separate civil action are
filed subsequent to a petition for a writ of amparo, the
latter shall be consolidated with the criminal action. After
consolidation, the procedure under this Rule shall continue to
apply to the disposition of the reliefs in the petition.