5th Periodical Quiz

1. What should the presiding judge do when faced with a motion to withdraw information
based on a resolution of the Secretary of Justice finding no probable cause in a complaint elevated for
review?

2. What is the concept of the right to speedy disposition of a case under the constitution and
the right to speedy trial under substantial and procedural laws?

3. A letter complaint was received by the Office of the Ombudsman on 09 November 2001 with
a request to investigate an anomalous purchase of medical and agricultural equipment. On March 27,
2003, the assigned investigator prepared a resolution finding probable cause against respondents. On
the same date, the information was prepared and signed, and the corresponding recommendation for
its approval was made. However, the final approval by the Acting Ombudsman came only on May 21,
2009 and finally the information was filed on June 19, 2009. Respondent filed a Motion to Quash with
the Sandiganbayan grounded on the violation of his right to a speedy disposition of his. The
Sandiganbayan denied the motion. Same was elevated to the Supreme Court on certiorari by way of
Rule 65. Decide the issue with reasons.

4. What is meant by the balancing test in approaches to speedy trial as opposed to the “fixed-
time period” and “demand-waiver rule”?

5. How do you distinguish the right against self-incrimination of an accused from that of an
ordinary witness?