Thursday, February 16, 2012

quizzer in double jeopardy

1. a) What are the requisites for a valid defense of double jeopardy?

b) When does jeopardy of punishment attach?

2. Accused of grave coercion, the petitioner pleaded not guilty on January 23, 1979. After a number of delays caused either by the complainant or the prosecution, trial was again set for August 16, 1979. Postponement again was requested because of alleged sickness of complaint. The defense opposed postponement invoking the right to a speedy trial. The judge “provisionally” dismissed the case because the case had “been dragging all along and the accused (had been) ready for the hearing.” Later, the Fiscal moved to revive the case on the ground that the dismissal was with the conformity of the accused. The accused pleaded double jeopardy. Decide.

3. Accused is charged under RPC 189, (1) for selling pumps to which he had given the appearance of those of another’s. Since there was no proof that he had manufactured the pumps himself, he was acquitted. However, he was ordered prosecuted under RPC 188, (2) for knowingly selling goods with fraudulent trademark. He pleaded double jeopardy. Decide.

4. After trial on the merits, the accused was acquitted for insufficiency of the evidence against him in the cases for murder and frustrated murder and on the finding, in the illegal carrying of firearm, that the act charged did not constitute a violation of law. But the State through a petition for certiorari would want his acquittal reversed. Decide.

5. After being arrested by NBI agents for pilferage of mail matter in the post office, the petitioner and his companions were asked to affix their signatures on the envelopes of the letters, which constitutes the corpus delicti. Appealing his conviction of qualified theft by the Sandiganbayan, the petitioner invokes the Beltran v. Samson, 53 Phil. 570 (1929) ruling in arguing that the signing of his name was not a mere mechanical act but one which required the use of intelligence and therefore constitutes self-incrimination. Decide.

6. a) What is involuntary servitude?

b) What are some exceptions to the rule against involuntary servitude?

7. a) If the death penalty is abolished, what happens to death penalty already imposed upon an accused waiting for execution?

b) Now that the Constitution has abolished the death penalty, may the legislature restore it in the future?

c) Is the power of Congress to reimpose the death penalty subsumed under its plenary legislative power?

8. After having obtained a permit from university authorities, students of the Gregorio Araneta University Foundation held a rally but in places around the university other than that specified by the permit. The speeches and other activities resulted in the disturbance of classes and of other activities in the university. After due hearing, a suspension of one year was imposed on the student leaders. The students appealed on the ground that the suspension was violative of their right of assembly and of speech. Decide.

9. A land buyer buys a lot with an annotated lien that the lot owner becomes an automatic member of the homeowner’s association. Does such an annotation violate the right freely to join or not to join associations?

10. a) Is the right to have counsel present during investigation intended to stop the accused from saying anything that may incriminate him?

b) Accused was made to undergo a paraffin test of his hands to determine whether he had recently fired a gun. Accused claims violation of his constitutional right as it was not conducted in the presence of his lawyer.

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