1(a)

- Q&a
- Foreclosure

1(b)
- Comparison of judicial foreclosure vs extrajudicial foreclosure
- Partition

1(c)
- Judicial partition vs extrajudicial partition
- Forcible entry
- Unlawful detainer
- Small claims

1(d)
- Continuation of small claims, forcible entry and unlawful detainer
- Appealing unlawful detainer cases from MTC to RTC

1(e)
- Contempt
- Direct vs indirect
- Quasi judicial agencies

2(a)
- Q&A
- Start of criminal procedure (11:34)
- jurisdiction

2(b)
- jurisdiction
o Sandiganbayan

2(c)
- Ombudsman jurisdiction

-
- Solicitor general
- Ombudsman vs Office of the prosecutor (under the DOJ)
 o
- Prosecutors office
- Venue is jurisdictional

2(d)
- Venue of arson, violation of domicile, trespass to dwelling
- Venue is transferred, jurisdiction cannot be transferred
- Rule 110 sec 1

3(a)
- What point prescriptive period be interrupted
o Rpc – filing of the complaint affidavit in the prosec
o Special laws – filing of complaint affidavit in the prosec
o Ordinance – filing in court
- Rule 112 (Preliminary investigation)
o Sec 3
o PI is not a consti right, only a statutory right

3(b)
- Process of preliminary investigation
- Mina vs CA
o AP-recommendatory --- CP --- petition for review to DOJ
o DOJ will have to classify: the case would have been filed to…..then the resolution
of the OP will have to be appealed to…..
 MTC – province – office of the regional state prosecutor then to 65 CA
 MTC- MM – prosecutor general then to 65 CA
 RTC- DOJ

3(c)
- Pending petition for review sa DOJ, ORSP, PGG, will suspend Arraignment for max 60
days (but will not suspend the filing of the info)
- Sec 5 Rule 112
o Actions of the court
 RTC
 Dismiss for lack of probable cause
 Issue warrant 10 days
 Conduct hearing
 MTC with PI
  Same with RTC
 MTC with no PI
 Dismiss
 Warrant of arrest or in lieu thereof, SUMMONS
 Hearing
 MTC under summary procedure (not under rule 112)
 Warrant of arrest not issued agad
 You have to appear.
- Prohibited pleading na ang motion for determination of probable cause
- Inquest
- Warrantless arrest

3(d)
- Sec 6 rule 112 – upon inquest, within 5 days, mag request ka na dapat ng PI
- Contents of information and sufficiency of information

3(e)
- Amendments sec 14 Rule 110
o Before plea
 F/S
 If substance pwede but amend info dapat
o After plea
 Form only basta hindi prejudiced rights ng accused
- Exclusion and downgrading
o Before plea lang
- Bill of particular
- Information (synthesize rule 110 and 111)
o Timing of reservation – before prosecution presents evidence

3(f)
- What if accused die
o Before plea – pwede habulin estate
o After plea – dismissed as to ex delicto, as to other sources, not dismissed
- Prejudicial questions
o Pwede ifile sa OP or in court before prosecution rests its case
- Bail (Rule 114)
o Only court can grant bail

3(g)
- Bail discussion with case of Leviste

4(a)
- Q&a
 - Where to apply for bail
- Forfeiture vs cancellation
- After conviction apply bail?
o Yes (while applying for probation)

4(b)
- Remedy if bail is forfeited
o Appeal
o Mr
- Rights of the accused
- Speedy disposition of cases
- Speedy trial vs speedy disposition

4(c)
- Arraignment and plea
o Set within 30 days from acquisition of jurisdiction
o For detained persons – 10 days
o Suspension of arraignment
- Types of plea
- 6 months – archiving
- Provisional dismissal (16 min onwards)

4(d)
- Continuation of provisional dismissal
o Start counting receipt of the public prosecutor of the order of provisional
dismissal
- Motion to quash
o In writing
o Any time before plea
 After plea pwede pa
 Lack of jurisdiction over offense
 Prescription (no refile)
 Double jeopardy (no refile)
 Does not constituted an offence
o Limited grounds
- Double jeopardy (7:20)
- Pre trial

4(e)
- Procedure in pre-trial
- Trial
- Consolidation
- Conditional examination for witness of prosecution
 - Conditional examination for witness of accused
- Demurrer to evidence
o After prosecution rests its case
- Discharge as state witness (17:35)
o Before prosecution rests its case

5(a)
- Judgment
o Remedies
 MR
 MNT
 Appeal
- Appeal

5(b)
- Continuation of appeal
- How will you reach the SC
- (9:15) searches and seizure

5(c)
- PHDO
- Cyber warrant
- Rule for chain of custody (12:20)

5(d)
- People vs acosta
- Plea bargaining (estipona)
- Motion for preliminary investigation
- Q&a
-