Finals.CrimPro.

Block B_

The Judge was correct, according to the revised rules of criminal procedure, since there are two or more
persons jointly charged with the commission of any offense, upon motion of the prosecution before
resting its case, the court may direct one or more of the accused to be discharged with their consent so
that they may be witnesses for the state. Since also, there is no other direct evidence available for the
proper prosecution of the offense committed, the testimony of the accused can be used.

1. The judge should grant the motion, according to the revised rules of criminal procedure, the
discharged accused can still be reinstated as an accused in the case because A fails to testify
against his co-accused in accordance with his sworn statement constituting the basis for his
discharge.
2. No, according to the revised rules of criminal procedure, the court should not reinstate A as
accused, since A is already acquitted and shall be bar to future prosecution for the same offense.
3. 1. The court, according to the revised rules of criminal procedure, shall give the prosecution the
opportunity to be heard, but shall may on its own initiative dismiss the action without waiting
for a demurrer from the accused also on the ground of insufficiency of evidence.
2. As the counsel for A, I will file a motion to dismiss on the ground of demurrer to evidence with
leave of court due to insufficiency of evidence for A to be presumed as innocent. If the court
denies the demurrer to evidence, the accused can still adduce evidence on his behalf.
4. Yes, the court is correct in proceeding with the promulgation of accused despite his absence,
according to the revised rules of criminal procedure, since the conviction is merely for a light
offense, the judgement may be pronounced in the presence of his counsel.
5. No, the court is not correct in not giving the due course to the notice of appeal of A. It is the
statutory right of A to interpose an appeal and as long as the right to appeal is exercised in
accordance with the statute granting it, the same should be given due course. The Rules grants
A fifteen (15) days from receipt of the resolution denying his motion for reconsideration within
which to interpose an appeal.
6. –LEAVE IT BLANK-
7. Yes, the judge should grant the motion for new trial, according to the revised rules of criminal
procedure, the grounds for new trial that if the new and material evidence has been discovered
which the accused could not with reasonable diligence have discovered and produced at the
trial and which if introduced and admitted would probably change the judgment.
8. The court shall, when the new trial is granted on the ground of errors of law during the trial, set
aside all the proceedings and evidence and take a new. The court may, in the interest of justice,
allow the introduction of additional evidence.
9. The court may, where a motion for a new trial calls for resolution of any question of fact, hear
evidence thereon by affidavits or otherwise.
10. A. Any party may appeal from a judgement or final order, unless the accused will be placed in
double jeopardy.
B. An appeal must be taken within fifteen (15) days from promulgation of the judgment or from
notice of the final order appealed from. This period for perfecting an appeal shall be suspended
from the time a motion for new trial or reconsideration is filed until notice of the order
overruling the motion shall have been served upon the accused or his counsel at which time the
balance of the period begins to run
C.
a. The appeal to the Regional Trial Court, or to the Court of Appeals in cases decided by
the Regional Trial Court in the exercise of its original jurisdiction, shall be taken by filing a notice
of appeal with the court which rendered the judgment or final order appealed from and by
serving a copy thereof upon the adverse party.
b. The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the
exercise of its appellate jurisdiction shall be by petition for review under Rule 42.
c. The appeal to the Supreme Court in cases where the penalty imposed by the Regional
Trial Court is death, reclusion perpetua, or life imprisonment, or where a lesser penalty is
imposed but for offenses committed on the same occasion or which arose out of the same
occurrence that gave rise to the more serious offense for which the penalty of death, reclusion
perpetua, or life imprisonment is imposed, shall be by filing a notice of appeal in accordance
with paragraph (a) of this section.
d. No notice of appeal is necessary in cases where the death penalty is imposed by the
Regional Trial Court. The same shall be automatically reviewed by the Supreme Court as
provided in section 10 of this Rule.
e. Except as provided in the last paragraph of section 13, Rule 124, all other appeals to
the Supreme Court shall be by petition for review on certiorari under Rules 45.
Finals.CrimPro.Block B_Contreras, Joshua

1. Yes, the Judge is correct. According to Rule 119 sec 17. Provided that the trial court is satisfied
that there is absolute necessity for the testimony of the accused whose discharge is requested;
That there is no other direct evidence available for the proper prosecution of the offense
committed, except the testimony of said accused; the testimony of said accused can be
substantially corroborated in its material points; the accused is not the most guilty and is not
convicted of any offense involving moral turpitude.

2. Yes, according to Rule 119 sec. 18. Since the testimony of A was not credible to satisfy the court,
the court may reinstate him as accused in the case. Therefore, the judge should grant the
motion to reinstate A as an accused.

3. Yes, the court should still grant the motion to reinstate A as accused. In accordance to rule 119
sec 18, since A was giving false testimony against his co accused.

4. A. The court may on its initiative dismiss the action without the demurrer from the accused on
the ground of insufficiency of evidence but only after the prosecution must first be heard.

B. If I am the counsel, I shall file a demurrer to evidence with leave of court, because if the court
grants the demurrer, the case will be dismissed. Moreover, the accused may still adduce evidence on his
behalf not only on the criminal aspect but also on the civil aspect of the case if the court denies the
demurrer to evidence filed with leave of court.

5. Yes. According to the Rule 120 sec. 6 the promulgation of conviction for light offenses may be
made even in the absence of the accused as long as his counsel or representative is present. In the
present case, The court is correct that the judgement may be promulgated even without the presence of
the accused but with his counsel since slight physical injury is considered as light offense.

6. No, the RTC is not correct in not granting the appeal of A. It is the statutory right of A to interpose an
appeal and as long as the right to appeal is exercised in accordance with the statute granting it.
According to the rules of court, it grants A 15 days from the receipt of the resolution not granting his
motion for reconsideration within which to interpose an appeal. Therefore the RTC is not correct.

8. Yes. The motion for a new trial should be granted. According to Rule 121 sec 2 b, new and material
evidence has been discovered which the accused could not with due diligence have discovered and
produced at the trial and which if introduced and admitted might change the judgment.

9. According to Sec.6 (a) Rule 121 The court may, in the interest of justice, allow the introduction of
additional evidence if the courts finds the argument of A meritorious.

10. According to the rules of court, the court may, where a motion for a new trial calls for resolution of
any question of fact, hear evidence thereon by affidavits or otherwise.
11. A. any party may appeal.

B. within 15 days from promulgation of the judgment or from notice of the final order appealed
from.

C. 1. The appeal to the Regional Trial Court, or to the Court of Appeals in cases decided by the
Regional Trial Court in the exercise of its original jurisdiction, shall be taken by filing a notice of appeal
with the court which rendered the judgment or final order appealed from and by serving a copy thereof
upon the adverse party.

2. The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise
of its appellate jurisdiction shall be by petition for review under Rule 42.

3. The appeal to the Supreme Court in cases where the penalty imposed by the Regional Trial
Court is death, reclusion perpetua, or life imprisonment, or where a lesser penalty is imposed but for
offenses committed on the same occasion or which arose out of the same occurrence that gave rise to
the more serious offense for which the penalty of death, reclusion perpetua, or life imprisonment is
imposed, shall be by filing a notice of appeal in accordance with paragraph (a) of this section.

4. No notice of appeal is necessary in cases where the death penalty is imposed by the Regional
Trial Court. The same shall be automatically reviewed by the Supreme Court as provided in section 10 of
this Rule.

5. Except as provided in the last paragraph of section 13, Rule 124, all other appeals to the
Supreme Court shall be by petition for review on certiorari under Rules 45.
Finals.CrimPro.Block B_Enguero, John alexis

1. Yes, the judge’s decision is sound. According to rule 119 of the Rules of court, the court may
direct on or more of the accused to be discharged with their consent so that they may be
witness for the state. The judge’s decision to grant the prosecutions motion is therefore valid.

2. Yes, the judge should grant the motion. According to section 119 of the rules of court when the
court directs an accused to be a state witness, he must not fail nor refuse to testify against his
co-conspirators. In the case at bar, even though he has willingly given his testimony, the
testimony given fails to indemnify his co-conspirators. Therefor, A should be reinstated as a
conspirator.

3. No, the judge should dismiss the motion. A now fully satisfies the requirement of a state witness
as per rule 119 of the Rules of court. His given testimony indemnifies his co-conspirators and
therefore should remain as state witness.

4. A. The court may dismiss charges against A in lieu of rule 119 as there is insufficient evidence
against him. The court may then also proceed with the trial and let the Defense present their
case.

B. According to rule 119 of the rules of court, the Counsel of A may file for demurrer of evidence
in A’s behalf. If it is denied, Defense may still adduce evidence.

5. Yes the court was correct to proceed despite the absence of the accused. According tor rule 120
of the rules of court, convictions for light offenses may be promulgated in the presence of the
accused’s counsel or representative. Therefore the court was correct to proceed.

6. Yes, the court is correct in not giving due course to the notice of appeal. According to the Rules
of Court after promulgation of judgement, an accused has fifteen days to file for appeal. The
fifteen days of the accused started on October 1 as it was the day judgement was promulgated.
The motion for consideration filed on October 10 pauses the countdown for appeal. But the
clock started again on the 15th when the accused was given notice that his motion for
reconsideration was denied. His filing of notice for appeal on the 29 th is already late as the
deadline given by the Rules of court for such notices has prescribed on the 20 th. Therefore, the
court is correct.

7.

8. Yes, the judge should grant the motion for new trial. According to the rules of court, when new
evidence is discovered which if introduced at trial could change the decision the courts may
grant a new trial.

9. If the judge grants the motion for new trial, and since the grounds of the motion is of error of
law, all proceedings and evidence affected thereby shall be set aside and taken anew. The court
may, in the interest of justice, allow the introduction of additional evidence as per the rules of
court.
10. According to the Rules of Court, The courts can proceed to hearing on motion – where a motion
for new trial calls for resolution of any question of fact, the court may hear evidence thereon by
affidavits or otherwise under section 5 of rule 121

11. A. Any party may appeal from a judgment or final order, unless the accused will be placed in
double jeopardy.

B. Appeal is timely taken fifteen days after the promulgation of judgment.

C. (a) The appeal to the Regional Trial Court, or to the Court of Appeals in cases decided by the
Regional Trial Court in the exercise of its original jurisdiction, shall be taken by filing a notice of
appeal with the court which rendered the judgment or final order appealed from and by serving
a copy thereof upon the adverse party.

(b) The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the
exercise of its appellate jurisdiction shall be by petition for review under Rule 42.

(c) The appeal to the Supreme Court in cases where the penalty imposed by the Regional Trial
Court is death, reclusion perpetua, or life imprisonment, or where a lesser penalty is imposed
but for offenses committed on the same occasion or which arose out of the same occurrence
that gave rise to the more serious offense for which the penalty of death, reclusion perpetua, or
life imprisonment is imposed, shall be by filing a notice of appeal in accordance with paragraph
(a) of this section.

(d) No notice of appeal is necessary in cases where the death penalty is imposed by the Regional
Trial Court. The same shall be automatically reviewed by the Supreme Court as provided in
section 10 of this Rule.

(e) Except as provided in the last paragraph of section 13, Rule 124, all other appeals to the
Supreme Court shall be by petition for review on certiorari under Rules 45.