CRIMPRO

COR JESU COLLEGE

A Catholic School Administered by the Brothers of the
Sacred Heart that aims to fully transform and draw out the
best of a person witnessing the compassionate love of God.

Criminal Procedure. May 22, 2021

Essay. 100%.
Instruction: Please encode your answer on this document in BLUE FONT
COLOR, immediately after each item. Feel free to edit spaces, immediately after
each item. Discuss exhaustively the rules involved. Incomplete and partial answers
will only merit half of the points provided.

1. When can courts issue writ of prohibition or injunction to enjoin or

restrained any criminal prosecution? Discuss all aspects exhaustively. 10 pts.

2. An information was filed before the Sandiganbayan charging Roweno with

Violation of Section 3(e) of RA 3019. The information accused Roweno of
entering into numerous security service contracts with Meanbitz Security
from 2002 to 2012 absent the required public bidding thereby giving the
latter unwarranted benefits. During the trial and before the Prosecution
presented its last witness on April 4, 2018 Prosecution filed a motion for
leave of court to file amended information dated March 27, 2018 seeking to
amend the amount stated in the information from Php 7,843,54.33 to Php
7,842,941.60 which is the amount reflected in the disbursement voucher. In
opposition thereto, Roweno argued that the amendment is not merely formal
but substantial which would be prejudicial to his rights as accused. In a
resolution dated April 27, 2018, the Sandiganbayan denied the prosecution's
motion for lack of merit. It ruled that the mistake in the amount of alleged
undue injury stated in the information is too substantial to have been left
uncorrected for more than a year. During which time evidence to prove the
allegations in the information had already been presented. Moreover, it held
that the alleged difference could not be rule out as a mere typographical
error, especially considering that the amount involved was only alleged
numerically and had not been spelled out in words where the difference
would have been readily apparent. Is the ruling of the Sandiganbayan
correct? Discuss exhaustively, 10 pts.
CRIMPRO

3. On April 6, 2001, Caloy entered into contract agreement with Kappa Corp
where Jhums is the president and chairperson. Under the agreement Caloy
would receive a fix monthly dividend for 5 years in exchange for his
investment in Kappa Corp. To cover Caloy’s monthly dividend Jhums
issued 6 checks. The first three checks were good checks but the remaining
three checks bounce for having been drawn against insufficient funds. A
formal demand was delivered to Jhums’ office, but no payment was made.
Thus, Caloy filed a complaint for 4 counts of violation of BP 22. On May
20, 2011, the MTC rendered a decision finding a guiltyas charged. Jhums
appealed to the RTC which affirmed in toto the judgment of the MTC. On
petition for review, the CA denied the petition of Jhums. With the CA’s
denial of motion for reconsideration, Jhums filed a petition for review on
certiorari with the Supreme Court raising the ground that the Prosecution
failed to prove beyond reasonable doubt that he received the notice of
dishonor. Jhums also raised for the first time that the 4 Informations filed
before the MTC where defective as it does not bear the approval of the city
prosecutor. Is the contention that the Informations were defective tenable?
Discuss exhaustively. 10 pts. 

4. What is the concept of inordinate delay? Discuss exhaustively. 10 pts.

5. John was charged with violation of anti-graft law. John plead not guilty to
the charge. Trial on the merits then ensued. On August 29, 2017, the
Sandiganbayan rendered its decision finding John guilty. It initially granted
John the right to bail but eventually the Sandiganbayan cancelled bail on the
ground of possibility of flight because John failed to appear in court in
several occasions despite the directives. Did the revocation bail on the
ground of violation of the conditions of his bail and for possibility of flight
proper? Discuss exhaustively. 10 pts.