1.

When is the 15 day fresh period rule should be counted from within which to file a
notice of appeal?

The 15 days within which to file a notice of appeal is counted from the
receipt of the order dismissing or denying a motion for new trial or motion
for reconsideration. (Neypes v. CA)

2. Is the 15 day fresh rule also apply to criminal cases?

Yes. (Yu v. Tatad)

3. As a judge, you are confronted with an appeal filed from the decision or order of the
DENR regional office to the DENR Secretary, an appeal which is administrative in
nature. Will you grant the appeal? Explain.

No. I will not grant the appeal. In a similar case decided by the supreme
court, it was held that the fresh period rule only covers judicial
proceedings under the 1997 Rules of Civil Procedure. (Panolino v. Tajala)

4. How do you file an appeal?

File a notice of appeal, and pay docket fee.

Would it be fine if there is not payment of docket fee?

No. (U.S v. Asuncion)

5. Define sec. 2 Art 3 of the Bill of Rights.

Section 2. The right of the people to be secure in their persons, houses,

papers, and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing
the place to be searched and the persons or things to be seized.

6. Give the 3 instances when warrantless arrest may be lawfully effected under Sec 5,
Rule 113.

a. Arrest of a suspect in flagrante delicto

b. Arrest of a suspect where, based on personal knowledge of the
arresting officer there is a probable cause that said suspect was the
author of a crime which had just been committed
c. Arrest of a prisoner who has escaped from custody serving final
judgment or temporarily confined while his case is pending
7. What is demurrer to evidence?

Demurrer to evidence is an objection by one of the parties in an action to the effect

that the evidence which his adversary produced is insufficient in point of law to make
out a case or sustain the issue

8. How is the filing of demurrer to evidence be made?

The motion for leave of court to file demurrer to evidence shall specifically
state its grounds and shall be filed within a non-extendible period of five
days after the prosecution rests its case.

If leave of court is granted, the accused shall file the demurrer to evidence
within a non-extendible period of ten days from notice.

9. What is motion to quash?

A motion to quash is the mode by which an accused assails, before entering

his plea, the validity of the criminal complaint or the criminal information
filed against him for insufficiency on its face in point of law.

10. Give the 9 grounds for motion to quash the information.

(a) That the facts charged do not constitute an offense;

(b) That the court trying the case has no jurisdiction over the offense
charged;

(c) That the court trying the case has no jurisdiction over the person of the
accused;

(d) That the officer who filed the information had no authority to do so;

(e) That it does not conform substantially to the prescribed form;

(f) That more than one offense is charged except when a single punishment
for various offenses is prescribed by law;

(g) That the criminal action or liability has been extinguished;

(h) That it contains averments which, if true, would constitute a legal

excuse or justification; and

(i) That the accused has been previously convicted or acquitted of the
offense charged, or the case against him was dismissed or otherwise
terminated without his express consent. (3a)
11. When is bail a matter of right and a matter of discretion?

A bail is matter of right before or after conviction by the Metropolitan Trial

Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal
Circuit Trial Court, and in Regional trial court of an offense not punishable
by death, reclusion perpetua, or life imprisonment.

However, it is a matter of discretion upon conviction by the Regional Trial

Court of an offense not punishable by death, reclusion perpetua, or life
imprisonment, admission to bail is discretionary.

12. Is bail applicable in extradition cases?

There are two schools of thought whether the application for bail is applicable in
extradition cases.

In the case of U.S vs. Purganan, the SC made it clear that the constitutional
provision on bail does not apply to extradition proceedings. Hence, it is available only
in criminal proceedings.

On one hand, In the case of Government of Hongkong vs. Olalia Jr., it was ruled
that while the extradition law does not provide for the grant of bail to an extradite,
however, there is no provision prohibiting a person from filing a motion for bail, a
right to due process under the constitution. It is the prolonged deprivation of liberty
which prompted the extradition court to grant bail.

13. Which court has the authority to issue Hold Departure Order?

Under SC Circular 39-37, only the RTC in criminal cases within their exclusive
jurisdiction has the authority to issue Hold Departure Order.

14. Who has an administrative supervision over lower courts?

The SC held that an executive judge only has administrative supervision over lower
courts. (Mupas vs. Espanol)

15.