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Court Decongestion Officer Questionnaire

The document contains responses to questions for a Court Decongestion Officer applicant. In the first response, the applicant suggests that cases of a non-grave nature be referred to arbitration, parties be advised of legal consequences, and a board be formed to negotiate solutions. The second response outlines how the applicant would help reduce court backlogs by reconciling parties, referring cases to arbitration, and efficiently deciding assigned cases. The third response discusses the elements that must be proven for conviction under Sections 5 and 11 of RA 9165 relating to drug offenses. These include location near a school, use of minors, death resulting from the drug, organizing drug activities, and specific drug quantities possessed. The document

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0% found this document useful (0 votes)
53 views4 pages

Court Decongestion Officer Questionnaire

The document contains responses to questions for a Court Decongestion Officer applicant. In the first response, the applicant suggests that cases of a non-grave nature be referred to arbitration, parties be advised of legal consequences, and a board be formed to negotiate solutions. The second response outlines how the applicant would help reduce court backlogs by reconciling parties, referring cases to arbitration, and efficiently deciding assigned cases. The third response discusses the elements that must be proven for conviction under Sections 5 and 11 of RA 9165 relating to drug offenses. These include location near a school, use of minors, death resulting from the drug, organizing drug activities, and specific drug quantities possessed. The document

Uploaded by

ervinsagun9
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd

QUESTIONNAIRE FOR COURT DECONGESTION OFFICER (CDO) APPLICANTS

1. Please enumerate some of the ideas/suggestions you may have to assist in obtaining a more
efficient court management of cases/hearing? How do you propose to implement it? (You may
cite examples, strategy plan).
2. How will you be able to help in the decongestion of court dockets? What set of skills do you have
that will add value to the court? Please expound.
3. Discuss the elements that must be successfully proven before conviction for Violations of
Sections 5 and 11, Art. II, RA 9165, as amended, may prosper (Cite latest jurisprudence).
4. An Information was filed with the RTC Branch 128, Dasmariñas City, Cavite against JUAN DELA
CRUZ Y OCAMPO for the crime of Violation of R.A. 10883 (New Anti-Carnapping Act of 2016).
Draft an Order for the Issuance of Warrant of Arrest."

1. If given the chance to suggest in order to obtain a more efficient court system, I would suggest
that
a. Cases which appear to be of not grave nature be strongly suggested to parties involved
that they be referred to arbitration
b. Parties be strongly advised and reminded of consequences of the case docketed formally
at court
c. Reconciliatory or compromising steps be made
d. A board consisting of court staff members with the presiding judge as ex officio
chairman to handle such negotiations
e. Said board is not designed to replace arbitrary councils, rather just to effect a peace on
parties or in other words as interim or band aid solution to legal problems that may be
solved by simple arbitration not associated with proper arbitration tribunals
2. I may be able to help in decongestion of court dockets by
a. First, I would try to reconcile the parties involved if the case does not involve a grave
crime
b. Second, I would try to refer said parties to arbitration if the first does not succeed
c. Third, I will, as efficiently and objective as possible, decide on cases based on tasking
assigned upon me
3. The elements that must be proven before conviction for Violations of Sections 5 and 11, Art. II,
RA 9165 are the following
a. If the sale, trading, administration, dispensation, delivery, distribution or transportation
of any dangerous drug and/or controlled precursor and essential chemical transpires
within one hundred (100) meters from the school, the maximum penalty shall be
imposed in every case.
i. This simply means that for proven guilt beyond reasonable doubt, for the selling,
trading, administration, dispensation, delivery, distribution or transportation of
any dangerous drug within one hundred (100) meters from the school, the
accused will be found guilty and sentenced to maximum penalty which is 20
years imprisonment and 500,000 Php in fine.
b. For drug pushers who use minors or mentally incapacitated individuals as runners,
couriers and messengers, or in any other capacity directly connected to the dangerous
drugs and/or controlled precursors and essential chemical trade, the maximum penalty
shall be imposed in every case.
i. This simply means that for proven guilt beyond reasonable doubt, for using
minors or mentally incapacitated individuals as runners, couriers and
messengers, or in any other capacity directly connected to the dangerous drugs
and/or controlled precursors and essential chemical trade, the accused will be
liable to maximum penalty which is 20 years imprisonment and 500,000 Php in
fine.
c. If the victim of the offense is a minor or a mentally incapacitated individual, or should a
dangerous drug and/or a controlled precursor and essential chemical involved in any
offense herein provided be the proximate cause of death of a victim thereof, the
maximum penalty provided for under this Section shall be imposed.
i. This simply means that for proven guilt beyond reasonable doubt, that the
victim of the offencee is a minor or a mentally incapacitated individual, or
should a dangerous drug and/or a controlled precursor and essential chemical
involved results in death with it the proximate cause of death of the victim, the
accused will be liable to maximum penalty which is 20 years imprisonment and
500,000 Php in fine.
d. The maximum penalty provided for under this Section shall be imposed upon any person
who organizes, manages or acts as a "financier" of any of the illegal activities prescribed
in this Section.
i. This simply means whoever organises, manages or acts as a "financier" of any of
the illegal activities involving illegal drugs, he or she will be liable to maximum
penalty which is 20 years imprisonment and 500,000 Php in fine.
e. The penalty of life imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed
upon any person, who, unless authorized by law, shall possess any dangerous drug in the
following quantities, regardless of the degree of purity thereof:
i. (1) 10 grams or more of opium;
ii. (2) 10 grams or more of morphine;
iii. (3) 10 grams or more of heroin;
iv. (4) 10 grams or more of cocaine or cocaine hydrochloride;
v. (5) 50 grams or more of methamphetamine hydrochloride or "shabu";
vi. (6) 10 grams or more of marijuana resin or marijuana resin oil;
vii. (7) 500 grams or more of marijuana; and
viii. (8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy",
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid
diethylamine (LSD), gamma hydroxyamphetamine (GHB), and those similarly
designed or newly introduced drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far beyond therapeutic
requirements, as determined and promulgated by the Board in accordance to
Section 93, Article XI of this Act.
1. This simply means that anyone who has in possession the following
proportions can be held liable to penalty of life imprisonment to death
and a fine ranging from Five hundred thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00)
f. Otherwise, if the quantity involved is less than the foregoing quantities, the penalties
shall be graduated as follows:
i. (1) Life imprisonment and a fine ranging from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of
methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less
than fifty (50) grams;
ii. (2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and
a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred
thousand pesos (P500,000.00), if the quantities of dangerous drugs are five (5)
grams or more but less than ten (10) grams of opium, morphine, heroin, cocaine
or cocaine hydrochloride, marijuana resin or marijuana resin oil,
methamphetamine hydrochloride or "shabu", or other dangerous drugs such as,
but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly
designed or newly introduced drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far beyond therapeutic
requirements; or three hundred (300) grams or more but less than five
(hundred) 500) grams of marijuana; and
iii. (3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a
fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred
thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than
five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, methamphetamine hydrochloride or
"shabu", or other dangerous drugs such as, but not limited to, MDMA or
"ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly
introduced drugs and their derivatives, without having any therapeutic value or
if the quantity possessed is far beyond therapeutic requirements; or less than
three hundred (300) grams of marijuana.
1. This simply means that anyone who has in possession the following
proportions can be held liable to penalties prescribed above.

Warrant of Arrest

REPUBLIC OF THE PHILIPPINES

Region IV JUDICIAL REGION

REGIONAL TRIAL COURT

Branch 129 Dasmarinas Cavite


WARRANT OF ARREST

Warrant of Arrest No. 11111

WARRANT OF ARREST

To: Cardo Dalisay, Arrest Warrant Officer

Name of Unit: PNP

Telephone: (011)111-11-11

Address: PNP Precinct # 1, DASMARINAS CITY

GREETINGS:

YOU ARE COMMANDED to serve the herein Warrant of Arrest to seize and take into custody the accused
person named below:

Name of Subject of Arrest – JUAN DELA CRUZ y OCAMPO

Voter's ID :1749264

Home Address: 552-C Barangay Whataddress Dasmarinas City

For the crime of Violation of R.A. 10883 (New Anti-Carnapping Act of 2016)

And bring forth said person before this court the next business day following his arrest.

A RETURN of this warrant shall be promptly made to the Court identifying the individual seized and
arrested.

Issued at Dasmarinas City on 5th March 2024

Richard Prayer

Presiding Judge

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