CRIMINAL PROCEDURE

REQUIREMENTS

Submit a compilation of samples of the following documents/pleadings used in criminal cases:

1. Certification of Police Blotter
2. Affidavit Complaint (filed by the private offended party)
3. Criminal Complaint (filed by a police officer)
4. Request for Preliminary Investigation and Waiver of Article 125, Revised Penal Code
5. Request for Release (Of Recovered Articles)
6. Release Order (Of Detained Person)
7. Release Order (Of Recovered Articles)
8. Resolution (issued by the Prosecutor finding probable cause)
9. Resolution (issued by the Prosecutor finding no probable cause and dismissing the complaint)
10. Petition for the Issuance of Search Warrant
11. Warrant of Arrest
12. Search Warrant
13. Motion to Quash the Information
14. Motion to Quash the Search Warrant and to Suppress Evidence
15. Information
16. Application for Release on Bail
17. Petition for Habeas Corpus
18. Motion to Quash
19. Pre-Trial Order
20. Demurrer to Evidence
21. Judgment
22. Motion for Reconsideration
23. Motion for New Trial
24. Notice of Appeal

LAW 3

NEGOTIABLE INSTRUMENTS LAW

QUESTIONS:

1. What are the requirements to make an instrument negotiable?

2. What is the test to determine whether an instrument is negotiable or not?

3. PROBLEM: Ailen bought a motor car payable in installments from Automotive Company for P250,000.00. She made a down payment of P50,000.00 and executed apropmissory note for the balance. The company subsequently indorsed the note to Reliable Finance Corporation which financed the purchase. The promissory note reads:

"For value received, I propmise to pay Automotive Company or order at its office in Legaspi City, the sum of P200,000.00 with interest at twelve (12%) percent per annum, payable in equal installments of P20,000.00 monthly for ten (10) months starting October 21, 1991.

Manila, September 21, 2007.

(Sgd.) Ailen

Pay to the order of reliable Finance Corp.

Automotive Company

By: (Sgd.) Manager"

Because Ailen defaulted in the payment of her installments, Reliable Financde Corporation initiated a case against her for a sum of money. Perla argued that the promissory note is merely an assignment of credit, a non-negotiable instrument open to all defenses available to the assignor and therefore, Reliable Finance Corporation is not a holder in due course.

Is the promissory note a mere assignment of credit or a negotiable instrument?