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2nd Assignment in Crim Pro Rule 110

The document provides instructions and 5 cases for a criminal procedure assignment on amendments to informations. For Case 1, the complaint for oral defamation can be filed by Joanna or Mark. For Case 2, the amendments to the informations for violations of BP 881 and RA 10591 should be allowed. For Case 3, the amendment changing the offense from frustrated homicide to homicide should be allowed before but not after arraignment. For Case 4, Ronald can be convicted of murder despite the information charging homicide. For Case 5, Larry cannot be convicted based on the insufficient information provided.

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27 views

2nd Assignment in Crim Pro Rule 110

The document provides instructions and 5 cases for a criminal procedure assignment on amendments to informations. For Case 1, the complaint for oral defamation can be filed by Joanna or Mark. For Case 2, the amendments to the informations for violations of BP 881 and RA 10591 should be allowed. For Case 3, the amendment changing the offense from frustrated homicide to homicide should be allowed before but not after arraignment. For Case 4, Ronald can be convicted of murder despite the information charging homicide. For Case 5, Larry cannot be convicted based on the insufficient information provided.

Uploaded by

MONTILLA Licel
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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2nd ASSIGNMENT IN CRIMINAL PROCEDURE (JD 601 & LAW 203)

NEMSU – College of Law

RULE 110

Instructions: Since this is a pdf file, answer in a separate MSWord (or your
preferred word software). Be brief and concise. Use legal-sized paper (11
x 13”), observing the proper margins (1.5” left; 1” all other sides), 14 font-size,
and single spacing. Once you are done, convert your file into pdf and
email to me at [email protected]. Your answer should be
emailed/submitted not later than 5PM of September 9, 2023.

Please follow the rule on ALAC [Answer – one word or a phrase that directly
answers the question. Law (or Rule) – the law or rule that applies to the
particular fact-pattern. Application – the application of the rule to the
facts. Note that “L” and “A” are your discussion/explanation of your
answer. Conclusion – this is a round-up your answer which is usually an
iteration (but expressed differently) of your first Answer.

Additional TIP: Please note the coverage for this assignment. The answers
can be found by studying the appropriate Rule (see the heading) and the
cases pertaining to or assigned for the Rule under study. Any answer
beyond this (example: by treating the question as one on criminal law!)
would be wrong.

Please include your SURNAME as part of the file name, and do not forget to
print your full name on top of the page.

Case 1

During a birthday party, Trish said that Joanna is engaged in an


adulterous relationship with Donald, her husband. This was uttered not only
in the presence of friends but also of Donald (Trish's husband) and Mark,
Joanna's own husband. Trish's utterance constitutes Oral Defamation. Who
can file/initiate the complaint? Explain. (10 pts)

Case 2

Section 261(q) of BP 881 (Omnibus Election Code) defines as an


election offense the carrying of a firearm outside of the residence or place
of business, during the election period, without a written authority from the
COMELEC. The election period for the 2023 BSK election is from July 3, 2023
up to November 14, 2023.
2nd Assignment in Crim Pro (Rule 110) 2

Section 31 of R.A. 10591 (Comprehensive Firearms and Ammunition


Regulation Act) also penalizes the carrying of a licensed or registered
firearm outside of the residence but without a separate “permit to carry.”

On July 3, 2023, Daryl was caught carrying a .45 Norinco pistol in a


routine checkpoint manned by police officers. After an inquest, two
separate Informations for the violation of Sec. 261(q) of BP 881 and Sec. 31
of R.A. 10591 were filed against him. Both Informations state that Daryl was
caught carrying this firearm on July 2, 2023. Daryl was duly arraigned and
pleaded “not guilty” of the offenses charged.

While the cases were on pre-trial conference, the prosecution


moved to amend both Informations to correct and change the date of the
commission of the offenses charged from July 2, 2023 to July 3, 2023.

(A) Should the amendment of the Information in the charge for


violation of Sec. 261(q) of BP 881 be allowed? Explain. (5 pts)

(B) Should the amendment of the Information in the charge for


violation of Sec. 31 of R.A. 10591 be allowed? Explain. (5 pts)

Case 3

Julio is charged with Frustrated Homicide for the killing of Dante.


When the Information was filed, Dante was still at the hospital being treated
of his wounds. Dante later died of his wounds.

(A) Assume that Dante died before Julio could give his plea (i.e.,
before arraignment when he is asked whether he is guilty or not guilty of the
offense charged). The prosecutor needs to amend the Information by
changing the offense from Frustrated Homicide to Homicide. Should the
amendment be allowed? Explain. (5 pts)

(B) Assume that Dante died after Julio's arraignment (i.e., Dante
died with the case already at the pre-trial or trial stage). Should the
amendment be allowed? Explain. (5 pts)

Case 4

Ronald is accused of killing Mark. The offense charged is designated


as Murder in the Information. The accusatory portion of the Information,
however, makes out a case only of Homicide because there is no
allegation of any qualifying circumstance. Ronald was arraigned without
any objection on his part. During trial, the prosecution proved that
treachery was present in Mark's killing; Ronald did not object to the
presentation of this evidence. The crime of Murder is thus duly proven.
2nd Assignment in Crim Pro (Rule 110) 3

Can Ronald be convicted of Murder? Explain. (10 pts)

Case 5

Larry is indicted for the violation of Section 5, R.A. 9165 or the illegal
sale of dangerous drugs. The accusatory portion of the Information reads:

That on or about 12:15 AM of June 25, 2022, in Barangay Telaje,


City of Tandag, and within the jurisdiction of this Honorable
Court, the above-named accused, did, then and there,
willfully, and unlawfully sell methamphetamine hydrochloride
or “shabu,” a dangerous drug, without the authority to sell the
same.

Contrary to Section 5, Article II, R.A. 9165.

[Note that the elements for this crime are (1) identity of the buyer, (2)
the volume or quantity of the dangerous drugs sold or traded by the
accused, and (3) the consideration for the sale.] Can Larry be convicted
of the offense charged under such an Information? Explain. (10 pts)

*** END ***

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