2010 Legal and Judicial Ethics, Q18

a. Draft the accusatory portion of an Information for RAPE of a 13-year old child committed by her maternal uncle in broad daylight at the back of a church. (5%)
b. Draft a Petition for the Issuance of a Writ of Habeas Data. (5%)
c. Draft a Petition for Bail. (5%)

Quick check

What essential element must be specifically alleged in an Information for statutory rape of a child?

What right is directly protected by a Petition for the Issuance of a Writ of Habeas Data?

Under Rule 114 of the Rules of Court, when is bail a matter of judicial discretion?

Who bears the burden of proof during a hearing on a Petition for Bail in a capital offense?

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Which procedural requirement must accompany a Petition for a Writ of Habeas Data filed in court?

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1. Information Accusatory Portion
Under Rule 110 of the Rules of Criminal Procedure, an Information must contain a plain, concise, and definite statement of the essential facts constituting the offense charged. For statutory rape of a minor committed by a relative, the accusatory clause must specifically allege the qualifying circumstances, including the victim's age, the relationship of the accused, and the specific acts committed. Precision in pleading constitutional elements guarantees the accused's right to be informed of the nature and cause of the accusation against him.

2. Habeas Data Petition
The Writ of Habeas Data is an extraordinary judicial remedy available to any person whose right to privacy in life, liberty, or security is violated or threatened by an unlawful act or omission of a public official or private individual engaged in gathering, collecting, or storing data. The petition must allege the specific data or information withheld or monitored, the manner of violation, and the relief sought. It enables aggrieved individuals to control, rectify, or suppress erroneous or illegally obtained personal data.

3. Bail Hearing Rules
Under Rule 114 of the Rules of Court, bail is a matter of right in non-capital offenses, but discretionary in capital offenses or crimes punishable by reclusion perpetua or life imprisonment when evidence of guilt is strong. A Petition for Bail in capital offenses requires a hearing where the prosecution bears the burden of proving that evidence of guilt is strong. If the prosecution fails to establish strong evidence, the trial court is mandated to grant bail and fix a reasonable amount.

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