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Question X

2018 Bar · Remedial Law · 2 sub-questions

X. In a buy-bust operation, 30 kilos of shabu were seized from Dave and Daryll. They were arrested and placed on inquest before Prosecutor Danilo Doon who ordered their continued detention. Thereafter, the information for the sale and distribution of shabu was filed in court. When arraigned, Dave and Daryll pleaded not guilty to the charge. During pre-trial, counsel for both of the accused raised, for the first time, the illegality of the arrest. The case proceeded to trial. After trial, the court scheduled the promulgation of judgment with notice to both the accused and their counsel, Atty. Dimayuga. During the promulgation, only Dave and Atty. Dimayuga were present. Both the accused were convicted of the crime charged.
(a)(a) Was the challenge to the validity of the arrest timely raised? (2.5%)
(b)(b) What is the remedy available to Daryll, if any, to be able to file an appeal? (2.5%)

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