Jeric Anthony F.

Claveria
1. When is a provisional dismissal of a criminal case becomes permanent?
provisional dismissal shall become permanent two (2) years after issuance of the order without
the case having been revived.
A.  Can you revive a case that has been provisionally dismissed
You can refile if without prejudice 
2. What is demurrer evidence?
It refers to a motion to dismiss filed by the defendant after the plaintiff had
rested his/her case, on the ground of insufficiency of evidence

a. When should you file a demurrer to evidence- If the prosecutor present evidence, after 5
days, you can file Motion to leave of court, so you can apply demurrer evidence 
b. What is/are the ground(s) for a demurrer to evidence- If the court denies the demurrer to
evidence filed with leave of court, the accused may adduce evidence in his
defense. 
3. What is the Order of Trial if the defense of the accused is self-defense?
demurrer
4. Who has the burden of proof in self-defense?
In self-defense, the basic rule that the burden of proving the guilt of the accused lies on the
prosecution is reversed and the burden of proof is shifted to the accused to prove the
elements of his defense.

5. Discuss or explain thoroughly what is Criminal Procedure and what system is being   used
in
the Philippines-
Criminal procedure refers to the methods used to investigate and prosecute a
crime. In addition, criminal procedure protects the rights of the defendant. The
Philippines system is criminal justice system
6. Who represents the  People of the Philippines in criminal cases before the
MTC/MeTC/MCTC  and RTC?
In the appeal of criminal cases before the Court of Appeals or the Supreme Court, the
authority to represent the People is vested solely in the Solicitor General. 
7. Who represents the People of the Philippines before the Court of Appeals or the Supreme
Court?
Defendant
8. Explain the following
a. Fruit of poisonous tree
in criminal law that makes evidence that was derived from an illegal search, arrest
or interrogation inadmissible.
b. exclusionary rule
c. doctrine of silver platter
9.  Discuss the case of  Terry vs Ohio ( Terry Search)
10. Discuss the following
a. Factum probans
b. Factum probandum
c. Onus probandi