Login

You are not logged in.

A.I. Powered: Philippine Bar Reviewer

AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSVI. CRIMINAL PROCEDURED. Preliminary Investigation (Rule 112)3. Motion to Reopen, Motion for Reinvestigation

Question

Subject: Preliminary Investigation (Rule 112)

Scenario:

Mr. Santos, a prominent businessman, was accused of committing estafa. The Complaint was filed with the Office of the Prosecutor. After the preliminary investigation, the Prosecutor found probable cause to charge Mr. Santos and issued a Resolution recommending the filing of an Information in court.

Feeling aggrieved by the Prosecutor's Resolution, Mr. Santos and his lawyer decide to file a motion to reopen the preliminary investigation, citing new evidence relevant to his defense. On the other hand, the complainant's lawyer files a motion for reinvestigation, asserting that the Prosecutor failed to consider the weight of the initial evidence presented against Mr. Santos.

  1. As the Prosecutor, how will you handle the motion to reopen filed by Mr. Santos? Explain the actions you will take, as well as the legal basis for your decision.
  2. As the Prosecutor, how will you respond to the motion for reinvestigation filed by the complainant? Discuss the steps you will take and the relevant legal provisions governing this matter.



Ace the Bar with A.I




You know about A.I. but you don't know just how much it can help you ace the bar? watch this.



Other Questions in This Topic

Bar Review Question: Subject: Preliminary Investigation (Rule 112) Scenario: Mr. Santos, a prominent businessman, was