4th ASSIGNMENT IN CRIMINAL PROCEDURE (JD 601 & LAW 203)

NEMSU – College of Law

RULE 111

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 emmalazarte@nemsu.edu.ph. Your answer should be
emailed/submitted not later than 5PM of September 30, 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:

Bart is married to Sharon. The two separated after five years without
their marriage being annulled. Bart then met Charisse, fell in love, and
married her.

Sharon, jealous of Bart’s thriving union with Charisse, demanded for

her share of their conjugal properties; she threatened Bart with a criminal
action for Bigamy should he fail to do so. Bart then filed a petition for the
declaration of absolute nullity of his marriage with Sharon on the ground
that Sharon is, in fact, a man. A few weeks later, Bart was indicted for
Bigamy.

(A) Bart now moves for the suspension of the proceedings in the
criminal case arguing that the civil case for nullification of the marriage
poses a prejudicial question. Should the motion be granted? Explain. [5
pts]

(B) Assume that Bart did not file a motion to suspend. The two
cases went on trial. During the pendency of the criminal case, a judgement
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in the civil case was rendered (assume that it is a final judgment) declaring
as void Bart’s marriage to Sharon due to the latter’s lack of legal capacity
(“she” having been proven to be a “he”). Does this civil judgment have
any effect on the criminal case for Bigamy? Explain. [5 pts]

Case 2:

Noreen is the owner and driver of a Grab-registered vehicle. She had

as her paying passenger Lando who asked to be conveyed to his
workplace. While cruising along the road, the front tire of Noreen’s car
exploded. Noreen lost control of the vehicle, swerved onto the opposite
lane, and crashed head-on with the vehicle driven by Bobby. Lando died
while Bobby suffered injuries.

Noreen is now indicted for Reckless Imprudence Resulting to

Homicide and Physical Injuries. When arraigned, she pleaded “not guilty”
of the offense charged.

While trial was going on, the heirs of Lando filed a civil action for
“damages arising from a breach of contract” (there was a “contract of
carriage” between Noreen and Lando where Noreen, as an operator of a
public utility vehicle, agreed to ferry Lando to his destination for a fee; there
is a breach of this contract because Noreen failed in her obligation to ferry
Lando to his destination).

(A) Noreen has filed a motion for the suspension of the

proceedings in the criminal case on the ground of a prejudicial question in
the civil action for damages. Should the motion be granted? Explain. (5
pts)

(B) Noreen has also filed a motion to dismiss the civil action
contending that, in the absence of a reservation, the claim for damages
has been instituted and filed together with the criminal action for Reckless
Imprudence. Is Noreen correct? Explain. (5 pts)

(C) Assume that both criminal and civil cases went on trial. The
civil case was terminated first with the court awarding damages of
P75,000.00 to the heirs of Lando. This judgment has become final and was
fully executed with Noreen’s payment of the awarded damages to the
heirs of Lando.

Soon after, the criminal case was completed with Noreen found
guilty of Reckless Imprudence. The court sentenced Noreen to suffer the
penalty of prision correccional and to pay civil indemnity of P50,000.00
each to Bobby and to the heirs of Lando. Bobby and the heirs of Lando
have now filed separate motions for execution (this is a motion asking the
court to enforce that part of the judgment awarding damages by ordering
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the Sheriff to cause the satisfaction or payment of such award). Should the
court grant the motions? Explain. (10 pts)

Case 3:

Efren has been convicted of Murder for the killing of Mark. The RTC
sentenced him to reclusion perpetua and to pay civil indemnity of
P500,000.00 to the heirs of Mark. Efren appealed to the Court of Appeals
(CA). It was later learned that Efren had died during the pendency of his
appeal.

(A) With Efren’s death, what happens to the RTC’s judgment?

Explain. [5 pts]

(B) What would be the remedy of Mark’s heirs to recover civil

damages? Explain. [5 pts]

Case 4:

Sandro, in a fit of anger, struck Daren causing serious injuries on his

head. Sandro is indicted for the crime of Serious Physical Injuries. While the
case was pending, Daren filed a separate civil action for damages based
on the injuries he had sustained.

Sandro moved for the dismissal of this separate civil action on the
ground that when the criminal action was filed against him, the civil action
to recover the civil liability from the offense charged was also deemed
instituted. Is Sandro correct? Explain. (10 pts)

Case 5:

Marivic has a jewelry business. She is assisted in this business by Jerry.

Marivic, through Jerry, entrusted some of her jewelries to Kaye for sale to
her own clients. Kaye was authorized to entrust these jewelries to her own
agents. One of Kaye’s agents is Yayo, who received jewelries valued at
P50,000.00. Yayo absconded with these jewelries and failed to account for
them to Kaye. Marivic demanded of Jerry and Kaye to return the jewelries
or their value. Having failed to do so, Jerry and Kaye were indicted for
Estafa.

After trial, the court acquitted Jerry on the ground that he merely
acted as agent or go-between of Marivic; that the transaction was
between Marivic and Kaye.
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The court also acquitted Kaye finding that there was no

misappropriation on her part as it was Yayo who absconded with the
jewelries. The court also said that Kaye, having received the jewelries under
an obligation to return if unsold, her responsibility is not criminal but civil in
nature.

(A) Can the court, in its decision, include a judgment on civil

liability against Jerry. Explain. (5 pts)

(B) Notwithstanding Kaye’s acquittal, can Marivic still recover civil

damages against Kaye? Explain. (5 pts)

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