KALINGA-APAYAO STATE COLLEGE

INSTITUTE OF LAW
Bulanao, Tabuk City, Kalinga

CRIMINAL PROCEDURE

MIDTERM EXAMINATIION
January 23, 2015

A.Choose the correct and best answer.

1.The branch of law which prescribes the method of enforcing the rights or obtaining
redress for their invasion is (a) civil procedure, (b) criminal procedure, (c) evidence, and (d)
remedial law.
2.It has the power to amend, repel or establish new rules (a) legislature, (b) Supreme Court,
(c) executive, and (d) president of the Republic
3.Allegations in the complaint determines (a) venue, (b) jurisdiction (c) court and (d)
handling judge.
4.A wrongful act or omission committed by the defendant in violation of the primary rights
of the plaintiff is (a) cause of action, (b) right of action, (c) substantive action, and (d)
necessary action.
5.Jurisidciton over the person of the defendant is necessary in an action in (a) rem, (b)
quasi-in rem, (c) personal, and (d) transactions.
1. A motion for extension of time to file answer is prohibited in (a) small claims cases,
(b) environmental cases, (c) ejectment cases, and (d) forcible entry cases.
2. Any claim which a defending party may have against an opposing party is (a)
counter-claim, (b) compulsory counter-claim, (c) permissive counter-claim and (d)
cross-claim.
3. In small claims cases, the following are prohibited pleadings except: (a)motion to
dismiss, (b) reply, (c) appearance of attorneys, and (d) submission of affidavits.
4. The essential facts constituting the plaintiff’s cause of action is (a) evidential facts, (b)
ultimate facts, (c) statement of facts, and (d) conclusion of law.
5. In certification of forum shopping, the certification should be made by the (a)
counsel, (b) petitioner himself, (c) the court, and (d) the defendants.
6. What is controlling in a pleading is the (a) body, (b) title, (c) name of the plaintiffs and
defendants, and (d) verification.
7. A counter-claim that does not arise out of, nor is necessarily connected with the
subject matter of the opposing party’s claim is (a) permissive, (b) compulsory, (c)
cross-claim, and (d) third party claim.
8. A pleading in which a defending party sets forth for his defenses is (a) counter-claim,
(b) reply, (c) answer, and (d) cross-claim.
9. The parties in a civil case may determine the (a) jurisdiction, (b) handling court, (c)
judge, and (d) venue.
10. A person to be party to a civil action must (a) have legal capacity to sue, (b) be
a head of an association (c) be assisted by a counsel, and (d) the founder of a
corporation.
11. To promote a just, speedy and inexpensive disposition of every action in
proceeding, the rules shall be (a) strictly followed, (b) strict interpretation, (c) the
judge to follow the rules, and (d) liberally construed.
12. An action considered as incapable of pecuniary estimation is within the
jurisdiction of the (a) MTC, (b) MTCC, (c) RTC, and (d) CA.
13. The Court cannot proceed in the proceeding of the case without the presence of
a (a) an indispensable party, (b) a plaintiff, (c) the defendants, and (d) the third party
defendants.
14. The death of a client (a) divest counsel of his authority, (b) the counsel to
continue the case, (c) the counsel to inhibit himself in the case, and (d) the counsel to
process the death certificate of his client.
15. Pending appeal of a defendant-appellant to the CA on a money claim, he died.
The plaintiff-appellee may recover his claim (a) to the estate of the deceased, (b)
cannot recover any claim, (c) continue the case at the CA, and (d) move for the
dismissal.

B.Explain your answer fully in a concise manner.

1. Give at least two distinctions of a question of law and question of fact.
2. BB appealed the decision of the lower court adverse to him to the CA who rendered a
decision affirming the decision of the lower court. BB filed a motion for
reconsideration of the CA decision but the motion was filed one day late of the
prescriptive period to file a motion. AA, the other party opposed the motion for
reconsideration for being filed out of time. BB invoked the principle of liberal
construction of the rules. Is the position of BB proper? Explain your answer.
3.AA filed a case against BB for recovery of possession at the RTC. Later, BB received the
summons on December 23, 2014. With the attached complaint and annexes and
directing him to file an answer within fifteen days from receipt thereof. On January 9,
2015, BB submitted to the Court a motion for extension of time to file answer. Within
ten days from receipt of the court of the said motion, BB reasoned out that he forgot
the case due to his Christmas and new year vacations in the province. AA objected
for the admission of the motion for being filed out of time. Decide the case and
explain your answer.
4.A decision was rendered adverse to plaintiff AA. After receiving a copy of the adverse
decision on December 12, 2014, AA filed on December 22, 2014 a motion for
reconsideration without a notice of hearing. The Court did not act on the motion and
on January 16, 2015, BB, the winner in the case filed a motion for execution.
a.Explain the effect to the case of the motion for reconsideration without a notice of
hearing
b. Is the court correct in not acting on the motion for reconsideration? Explain your
answer.
c. Is the filing of the motion for execution proper? Explain your answer.
5.AA filed a case for renewal of a lease contract against BB before the RTC and while the
case was pending, AA field a case for recovery of possession of the leased property
against BB before the MTCC. BB filed a motion to dismiss the latter case at the
MTCC on the ground of forum shopping. AA objected stating that there was no forum
shopping. Decide the case and explain your answer.
6. AA filed a case for reconveyance of a parcel of land against BB. Despite the receipt of
the summons, BB failed to file an answer and subsequently was declared in default.
Later, BB filed a motion to set aside the order of the Court.
a. Is the motion of BB proper? Explain your answer.
b. Did the Court acquire jurisdiction over the person of BB? Explain your answer.
c. If the motion is denied by the Court, what remedies available to BB? Explain your
answer.
7. A summon was issued intended for defendant BB. The summons with the attached
complaint and annexes was personally served to BB by the process server but BB
refused to receive the summons. What remedies are available to the process server?
8. AA filed at the RTC a collection case against BB in the amount of P500,000.00. Upon
receipt of the summons and annexes, BB filed his answer stating therein that he is
ignorant of the same amount of P500,000.00. Is the denial of BB sufficient? Explain
your answer.
9.CC filed a petition against BB at the RTC questioning the award of their children to his
wife and CC filed another petition to seek reversal of the writ of injunction denying
him visitorial rights of his children. DD filed a motion to dismiss both cases for
violation of forum shopping. Decide the motion of DD and explain your answer.
10.ABC Corporation filed a collection case against XYZ Corporation involving the amount
of P100,000,000.00. The lawyer of ABC corporation who prepared the complaint,
signed the verification and the certification against forum shopping.
a. Explain the effect to the complaint of the lawyer signing the verification.
b. Explain the effect to the complaint of the lawyer signing the certificate of forum
shopping.
11.(a) Give the distinctions between an amended pleading and a supplemental pleading.
(b) Give at least two (2) distinctions of jurisdiction and venue.
12.Give at least three (3) distinctions between verification and forum shopping.

GOOD LUCK!!!
1. AB was charged of murder at the RTC.
a) Before arraignment, he filed a motion to quash on the ground that the prosecutor
who filed the information was not authorized. Is the contention of the accused proper?
Explain your answer.
b) After arraignment, the accused filed a motion to quash the information on the
ground that the offense charged has already prescribed. Is the contention of the accused
proper? Explain your answer.
c) Before judgment, the accused filed a motion to quash on the ground that the court
lacks jurisdiction over the person of the accused. Is the contention proper? Explain your
answer.

2. a) CD was charged of homicide at the RTC by hacking to death KB. The case was
provisionally dismissed with the consent of the accused. Later, the prosecution filed again
the same case against CD. CD filed a motion to dismiss the case by invoking double
jeopardy. Is the contention of CD proper? Explain your answer.
b) The police officers arrested QT and confiscated from him 100 grams of shabu and a .
45 caliber pistol. A case for illegal possession of drug and illegal possession of firearm was
filed against QT at the RTC. The illegal drug was dismissed and QT filed a motion for the
dismissal of the illegal possession of firearm by invoking double jeopardy. Is the contention
of QT proper? Explain your answer.

3. MN filed a motion to quash the information. The motion was denied by the court. What
are the effects of the denial to the case and what are the remedies available to the accused?

4. Pre-trial is mandatory in criminal cases. Why? Explain your answer.

5. During the trial of the case, the prosecutor or the accused may pray to the court for
continuance of the trial. Give at least 3 grounds to justify continuance.
6. Accused TY entered a plea of guilty to the charge of homicide but interposed the defense
of self-defense. Can TY be allowed to present his evidences first before the prosecution will
present their evidences? Explain your answer.
7. AB, CD and EF are jointly charged in a homicide case filed a the RTC. Accused EF wants
a separate trial and the court granted the same. Explain the effect of the separate trial on
the proceedings of the case as well as to the case of EF.
8. AH, CG, ST and XY are all jointly charged of murder at the RTC. No eyewitnesses were
present during the incident. XY manifested that he be a state witness.
a) What are the different conditions before XY may be admitted as state witness?
b) Explain the effect on XY if his application as state witness be granted by the court.
c). Explain to XY as an accused if his application as a state witness is denied.
9. a) Give at least three (3) distinctions between demurrer to evidence and motion to
dismiss.
b) If the demurrer to evidence is granted by the court, what are its effects to the case
and to the accused?
10. The general rule is that the accused has availed of the remedy on motion to quash
before arraignment. However, there are exceptions of which it can be availed of even after
arraignment. Enumerate all the exceptions and give at least 2 examples.

GOOD LUCK ! ! !

A. 1. Define criminal jurisdiction

2. Juan, a police officer was charged of homicide in an information filed at the
 RTC. During the trial, the RTC Judge finds out that the evidences presented
proved less serious physical injuries and as such, the judge dismissed the
case for lack of jurisdiction. Is the act of the judge justified? Explain your
answer.

B. 1. Enumerate he instances when a criminal action is instituted, the civil action is

deemed instituted.
2. A was charged of murder in court. After trial, he was acquitted on the
ground of reasonable doubt. Can the victim file a civil action for damages?
Explain your answer.

C. 1. How can a criminal action be instituted?

2. An information for homicide was filed in court against BB. Before
arraignment, the prosecutor withdrew the information for homicide and filed
a case for murder. Is the action of the prosecutor proper?
3. If the accused was already arraigned, will your answer be the same? Explain.

D. 1. Define preliminary investigation and probable cause.

2. An information for homicide was filed by the prosecutor at the RTC without
conducting preliminary investigation. Will the information be dismissed or
not? Explain your answer.

E. 1. Enumerate the instances when arrest without warrant is lawful.

2. PO1 Juan received an information from Juana that Pedro has just committed
an offense. PO1 Juan upon seeing Pedro standing on the shoulder of the road
arrested him. Is the act of PO1 Juan valid or not? Explain your answer.

F. 1. When is bail a matter of right and a matter of discretion?

2. Juan was charged of murder at the RTC. Juan filed a petition for bail and
during the hearing, the prosecutor failed to prove that the evidence against
the accused is strong. If you are the judge, what action will you take?
Explain your answer.

-END-

G O O D L U C K !!!

KALINGA-APAYAO STATE COLLEGE

INSTITUTE OF LAW

CRIMINAL PROCEDURE

MID-TERM EXAMINATION

August 22, 2012

I – SELECT THE BEST ANSWER

1. The method described by law for the apprehension and prosecution of persons
accused of criminal offense and their punishment refers to (a) civil procedure (b)
criminal procedure (c) Criminal law and (d) decision of the Court

2. The jurisdiction of the Court is determined by (a) the court handling the case (b)
law applicable to the case (c) the law at a time of the commission of the offense (d)
statutes at the time the case is filed in court

3. Juan, a 25 bachelor was charged of less serious physical injuries at the RTC. Is
prescription interrupted? (a) yes, with the filing of the case (b) no, the court lacks
jurisdiction (c) no, the accused denied the offense (d) yes, the accused may be
convicted.

4. Jurisdiction is conferred by (a) the court (b) the constitution (c) the parties (d) the
executive department

5. In criminal jurisdiction, it is determined by (a) penalty meted out the offender after
trial (c) the result of evidence presented during trial (c) the fine and imprisonment
prescribed by law (d) the conviction of the accused

6. The jurisdiction of the Sandiganbayan covers (a) criminal cases committed by

public officers and employees (b) grade 27 and higher (c) the imposable prescribed
by law (d) offenses committed by public officers and employees in relation to their
office

7. The court vested with the exclusive original jurisdiction in all criminal cases not
within the exclusive original jurisdiction of any tribunal or body in the (a)
Supreme Court (b) Court of Appeals (c) Regional Trial Court (d) Municipal Trial
Court

8. The determination of whether or not an information be filed in court lies with (a)
Justices of the Supreme Court (b) the Prosecutor (c) the Judge (d) the Police
Officers

9. The general rule is that criminal prosecution cannot be enjoined except (a) to
afford adequate protection to the constitutional rights of the accused (b) upon
order of the court (c) upon motion to dismiss by the prosecutor (d) to afford the
accused to confer with the prosecutor

10. The following are authorized to file complaint except (a) the offended person (b)
the prosecutor (c) a peace officer (d) agent of the National Bureau of
Investigation.

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11. All criminal actions either commenced by complaint or by information shall be

prosecuted under the direction and control of (a) the prosecutor (b) the counsel
de officio (c) the presiding judge (d) the Sandiganbayan

12. A motion for re-investigation can only be availed of by the accused (a) when the
prosecution is conducting preliminary investigation (b) when the complaint was
filed in court (c) an information has already been filed in court (d) the private
complainant filed a case at the prosecutor’s office

13. The pardon of offended party will not bar the prosecution of the case in (a)
adultery (b) bigamy (c) concubinage (d) homicide
14. Juan was charged of homicide at the RTC, Tabuk City, Kalinga. During trial, it
reveals that the offense was committed at Baguio City. The accused moved to
dismiss the case on the ground of (a) lack of authority to prosecute (b) lack of
jurisdiction (c) lack of venue (d) lack of residence of the accused

15. The complaint or information may be amended in form or substance without

leave of court (a) anytime before the accused enters his plea (b) anytime the case
is filed in court (c) anytime after the accused enters a plea (d) anytime during
trial

16. The correct statement of the Rule of Court on Amendment of the Information in
criminal proceedings is (1) substantial amendments are allowed with leave of
court before the accused pleads (b) formal amendments are permissible before
the accused pleads (c) amendments downgrading the offense requires leave of
court even before the accused pleads (d) substantial amendments may be
allowed with leave of court before the accused pleads

17. The prosecutor asks for the dismissal of the charge and the court grants the
same, the remedy of the accused is (a) appeal the dismissal of the case (b) ask
for review of the dismissal to the Court of Appeals (c) file another case (d)
amicably settle the case

18. Civil action deemed constituted with criminal action except (a) impliedly
instituted with the criminal action (b) civil liability must be determined in the
criminal action (c) recovery of civil damages (d) offended party reserves separate
actions

19 The civil action for damages arising from felony was filed and the criminal action
for such felony was later instituted, the former shall be suspended pending final
judgment in the criminal action except (a) upon motion of the offended party for
consolidation with a civil action (b) the civil case be heard separately (c) the civil
case included in the decision of the criminal case (d) the civil case be deemed
instituted.

20. In prejudicial questions, it (a) determines whether or not the criminal action may
proceed (b) determines whether the civil and criminal actions may be
consolidated (c) requires the hearing of the civil action deemed instituted in the
criminal action (d) involves the filing of the criminal action from the civil action

21. Preliminary investigation is (a) not a judicial proceeding (b) a trial of the case on
the merit (c) not conducted ex-parte if the respondent cannot be subpoenaed (d)
an essential part of due process of law
-3-

22. Preliminary investigation is required for an offense where the penalty prescribed
by law is (a) at least 4 years, 2 months and 1 day (b) 4 years, 2 months and 1
day without regard to the fine (c) below 4 years, 2 months and 1 day (d)
summary procedure

23. A warrant of arrest by the Municipal Trial Court may be issued (a) within five (5)
days from the filing of the complaint or information (b) within 10 days from filing
of the complaint or information (c) anytime after filing of the complaint or
information (d) at the discretion of the MTC judge after filing of a complaint or
information

24. Determination of probable cause by the RTC judge is for the purpose of (a) giving
due course to the information (b) the issuance of the warrant of arrest (c) filing
the case (d) proceeding to trial

25. Filing of an affidavit is mandatory under (a) the conduct of preliminary

investigation (b) the issuance of a warrant of arrest (c) the Rule on Summary
Procedure (d) the filing of the complaint or information
 26. A warrant of arrest is not necessary for(a) offenses punishable by 4 years and
below (b) offenses penalized by less serious physical injuries (c) offenses
penalized by fine (d) offense penalized by reclusion temporal

27. When a warrant of arrest was improperly issued, the accused’s remedy is (a)
habeas corpus (b) petition to quash (c) to arraign the accused (d) posting of a bail

28. The period for the validity of the warrant of arrest is (a) limited to 10 days (b) no
time limit (c) upon the officer executing the warrant make a return to the court
(d) the time the prosecutor files a motion to recall the warrant of arrest

29. Showing of the warrant of arrest prior to the arrest of the suspect is (a) necessary
to appraise the accused (b) not necessary (c) to comply with the requirements of
the law (d) as requested by the police officers

30. A lawyer has the right to visit and confer privately with his detainee client any
hour of the day or night (a) at the request of the person arrested (b) at the
lawyer’s volition (c) as a duty being a member of the IBP (d) as requested by the
police

31. All persons accused of an offense shall before conviction be bailable except (a)
accused who refused to post bail (b) offenses under the Revised Penal Code (c)
life imprisonment (d) concubinage

32. An arrested accused may post bail at the court (a) where the case is pending (b)
the nearest court of the place where he was arrested (c) the court designated by
the warrant of arrest (d) the office of the prosecutor

33. The grant of bail is discretionary upon conviction by the RTC of an offense (a)
punishable by death (b) punishable by reclusion perpetua (c) punishable by life
imprisonment (d) punishable by prision correccional

34. That the evidence required for a grant of the petition for bail of a person charged
for murder is that (a) the evidence is sufficient (b) the evidence of guilt is strong
(c) the evidence is insufficient (d)the evidence is unnecessary
-4-

35. The bail posted by the accused shall be deemed automatically cancelled upon (a)
recommendation of the prosecutor (b) upon the escape from detention of the
accused (c) upon the archiving of the case (d) upon the execution of judgment of
conviction

36. An accused released on bail may be rearrested without the necessity of a warrant
if (a) he attempts to depart from the Philippines without permission of the court
where his case is pending (b) the accused failed to report to the court (c) accused
failed to voluntarily surrender (d) the accused’s case is archived

37. The right to bail is not available when (a) rebellion was declared (b) the privilege
of the writ of habeas corpus is suspended (c) the offense changed is punishable
by prision mayor (d) the offense charged is punishable by prision correccional

38. An information was filed against BD for frustrated homicide, after trial, the court
convicted BD for homicide based on the overwhelming evidences proving his
guilt. BD filed a motion to nullify his conviction for violation of his right (a) to be
present at every stage of the proceeding (b) to be informed of the nature and
cause of appreciation (c) for lack of preliminary investigation (d) for lack of prima
facie case

39. The right against self-incrimination is available in (a) admission of incriminating

facts of another case (b) a refusal to answer incriminating questions (c) cross
examination of the accused on the witness stand (d) objection of counsel on
incriminating questions
 40. Trial in absencia can proceed if the accused (a) jumped bail (b) escaped from
detention (c) accused enters a plea (d) the prosecutor and counsel agree for the
trial

41. Arraignment is not a part of (a) due process (b) trial (c) his constitutional right (d)
a criminal proceeding where the issues are joined

42. Right to counsel of the accused may be (a) waived (b) cannot be waived (c)
provided by the court as counsel de officio (d) may be secured by the police
officers

43. The Metropolitan Trial Court convicted Juan and Maria for concubinage. While
the case was on appeal, they filed a motion for bail claiming they are entitled to
it as a matter of right. Is their claim valid? (a) no, bail dependent on the risk of
flight (b) no, bail is not a matter of right after conviction (c) yes, bail is a matter
of right (d) yes, bail is a mater of right in the Metropolitan Trial Court after
conviction

44. Juan saw DB stabbing CC but he refused to testify for fear of his life despite a
subpoena served on him. Can the court punish him for contempt? (a) no, since
no person be compelled to be a witness (b) yes, since the prosecutor named him
in presenting their case (c) yes, since public interest in justice requires his
testimony (d) no, Juan justified his refusal to testify.

45. The court invoked a ground for the dismissal of the case which does not
preclude the plaintiff to refile the case again. (a) prescription (b) the case already
decided (c) lack of jurisdiction over the subject matter (d) the accused jumped
bail

-5-

46. A estafa case was filed in court against Juan. Juan filed a case in court against
the private complainant for annulment of a deed of sale entered into between
them. May the court moto propio suspend the criminal action on the ground of
prejudicial question? (a) yes, because of due process and fair trial of the case (b)
yes, if it is good for both parties (c) no, the accused must file a motion to
suspend the action based on prejudicial question (d) yes, if the record shows
such prejudicial questions

47. The accused failed to appear despite notice on the promulgation of judgment
where he is convicted. State the consequence of his absence (a) the judgment
shall be promulgated in absencia and he losses his right of appeal (b) the
judgment shall be void (c) counsel cannot appeal the judgment in the absence of
the accused (d) the promulgation of judgment be suspended until re-appearance
of the accused in court.

48. Audy sued D for unlawful detainer, pending trial,. D died. Will the case
survived? (a) no, because the case survived his death and the case will continue
(b) no, because of the absence of due proves (c) yes, because damages can be
claimed to the estate of the deceased (d) yes, because the deceased can be
substituted by his heirs

49. Which of the claims survived the death of the defendant and need not be
presented as a claim against the estate? (a) claims for damages arising from
quasi- delict (b) claims for funeral expenses (c) contingent money claim arising
from contract (d) unpaid money judgment against the decedent

50. BB was charged with homicide for the stabbing of CC. he was tried and
convicted as charged. Few days later, CC died due to infection of his wound. The
prosecutor filed another case for homicide. (a) no, double jeopardy is present
since CC had already been convicted at the first offense (b) yes, since the death
 of CC aggravated the previous charge (c) no, the case prescribed (d) yes,
supervening events altered the crime committed by the accused.

51. AA boarded a bus at Tabuk going to Manila. While at Roxas, Isabela, BB boarded
the bus and approaching Santiago City, BB forcibly took the seat of AA and as a
consequence, a boxing match ensued and both suffered less serious physical
injuries. AA filed a case for less serious physical injuries at the MTC of Tabuk,
Kalinga. Is the filing of the case at Tabuk valid? (a) yes, because AA boarded the
bus at Tabuk (b) no, the incident happened at Santiago City (c) no, the victim is
from Roxas, Isabela (d) yes, the case was filed in a place where AA boarded the
bus

II – ANSWER BRIEFLY THE FOLLOWING QUESTIONS:

A. Explain briefly the rights of the accused.

1. before the case is filed in court
2. after the case is filed in court

B. Juan was charged of homicide at the RTC and with the assistance of counsel,
entered a plea of guilty with the qualification that he did not do so intentionally.
Later, the court convicted the accused. Is the plea of guilty of the accused valid?
Explain your answer.

C. An information for frustrated homicide was filed at the RTC against Juan. After
trial, the evidences offered by the prosecutor conclusively proved the

-6-

offense of homicide and the court convicted the accused for homicide. Is the
conviction proper? Explain your answer.

D. The accused died before arraignment. Explain the effect of the death of the
accused on the civil action of the case and what remedies available to the offended
party, if there be any?

E. During the conduct of the preliminary investigation, the prosecutor recommended

to the Provincial Prosecutor a dismissal of the complaint. What actions the
offended party may undertake on the dismissal of the case? Explain your answer.

F. A police officer responded immediately to a call by Juan, who pointed to WX as the

one who stabbed him. The police officer arrested Juan. Is the arrest valid? Explain
your answer.

G. Juan posted a bail for his temporary liberty. Later, he filed a motion questioning
the legality of his arrest. The prosecutor objected on the ground that accused
waived his right upon posting bail. Is the contention of the prosecutor tenable?
Explain your answer.

H. XX was charged of homicide. XX was arraigned through the assistance of the

counsel de officio. After trial, the court convicted XX. XX filed a motion to annul
his conviction on the ground that he was not assisted by a counsel of his choice.
Decide the case and explain your answer.

I. An information was filed against XX for murder. After trial, the court finds the
accused committed only less serious physical injuries. Decide the case and
explain your answer.

J. Juan was charged of homicide in an information field at the RTC, Tabuk City,
Kalinga. It reveals during the trial that the offense was committed at Roxas,
Isabela. The accused did not object and he was convicted of homicide. After
conviction, the accused moved to dismiss the case on the ground that the
proceeding is null and void for lack of jurisdiction. Is the contention of the
accused valid? Explain your answer.
 K. Juan was charged in an information for homicide in the RTC. He was convicted
and appealed the conviction. During the pendency of the appeal, Juan died. What
happened to the criminal action and the civil action instituted therein? Explain
your answer.

L. A case was filed against XX for less serious physical injuries at the MTC. After
trial, he was convicted of slight physical injuries by the MTC judge. XX appealed
the conviction to the RTC. The RTC after scrutinizing the record convicted the
accused of less serious physical injuries. XX appealed the case to the C.A. on the
ground that the RTC judge convicted the accused higher than that imposed by the
MTC. Decide and explain your answer.

KALINGA-APAYAO STATE COLLEGE

INSTITUTE OF LAW

CRIMINAL PROCEDURE
QUIZ – September 7, 2012

A - 1. Enumerate at least 5 grounds to quash the complaint or information.

2. Juan was charged for homicide at the RTC for an offense he committed at
Tuguegarao City. Juan participated in the trial with the assistance of counsel. After
trial, Juan was convicted as charged. Before serving his sentence, he questioned the
proceedings as null and void on the ground that the court has no jurisdiction over
the case and that the proceedings be annulled and the case dismissed. Decide and
explain your side.

B – 1. Enumerate the requisites of double jeopardy.

2. AB was charged of homicide at the RTC. After trial, he was convicted as charged and
he started serving his sentence. Later, he was charged of estafa. He filed a motion to
quash the estafa case, alleging double jeopardy. Will the motion prosper. Explain
your answer.

C – 1. Juan and Juana are passengers of BB trans driven by DD, who violated traffic rules
and regulations and collided with CC bus company. Because of the collision, Juan
suffered serious physical injuries and Juana suffered les serious physical injuries.
Juan filed a case for reckless imprudence against DD, the driver and won the case.
Later, he filed again a damage suit against DD trans. Will the damage suit prosper?
Explain your answer.

D – The prosecutor and counsel agreed that the proposed testimony of Juan, a prosecution
witness be admitted without presenting him on the witness stand. Is the agreement
valid or not? Explain your answer.

E – 1. What are the matters to be considered during pre-trial?

2. The law provides that the trial shall commence within 30 days from receipt of the
pre-trial order. AA, counsel for accused BB prays resetting on the ground that he
needs to go over the record of the case in order to prepare him for trial. The court
denied the resetting and proceeded to trial. Is the act of the judge valid or not?
Explain your answer.

3. Give at least 5 reasonable grounds for postponement.

 QUIZ - CRIMINAL PROCEDURE
October 5, 2012

1. Juan was convicted by the RTC and sentenced to suffer the penalty of 8 years. The
decision was promulgated on August 15, 2012 but the decision made no award of
damages.

a. On August 25, 2012, the court ordered the BJMP to bring Juan to Muntinlupa.
Explain the effect of the order of the court.
b. The accused appealed the case to the CA. Can the CA assess damages?
c. On what ground the prosecutor may appeal the afore-said decision?

2. In the MTC or other lower courts, it provides uniform rules of procedure which is the
same as in the RTC except Rules on Summary Procedure. Enumerate the said
exceptions.

3. The RTC convicted Juan for murder and sentenced him to suffer the penalty of reclusion
perpetua.

a. The CA affirmed the decision of the RTC. Can the CA decide and enter the
decision? Explain your answer.
b. The CA reversed the decision of the RTC and sentenced the accused for less
serious physical injuries. Is your answer be the same? Explain your answer.

4. Define search warrant. What are the requisites for issuing search warrant?

5. A search warrant was issued by the court to seize firearms, particularly describing the
place as a bungalow house located at Purok 1, Bulanao, Tabuk City, Kalinga. However,
the applicant of the search warrant and the police officers while implementing the
warrant discovered that the house particularly described was not the intended house to
be searched where the said firearms can be found. Nevertheless, the police officers
searched the house not described in the search warrant but the other house and
confiscated firearms and ammunitions. Explain the effect of the action of the police
officers.

6. The rule is that a search and seizure must be supported by a valid warrant. Enumerate
the exceptions.

7. Juan was arrested in flagrante delicto while stabbing XX. A case for murder was filed
against him and a warrant of arrest was issued for his arrest. While the police officers
were serving the warrant of arrest, they entered the house of Juan and saw inside the
house drug paraphernalias in the kitchen. Suspecting the presence of illegal drug, they
searched the house and found 5 sachets of shabu, firearms and ammunitions. Is the
search valid? Are the articles seized admissible in evidence?

8. A police officer on patrol saw a man standing inside the waiting shed with a bulging
waist, suspecting the bulging waist as a firearm, he frisked the man but found only a
pouch containing assorted face towels and handkerchieves. Embarrassed, the police
officer got the wallet of the person inside his pocket, opened the same and found inside
3 sachets of shabu. Is the act of the police officer legal or illegal? Explain you answer.

-END-

KALINGA-APAYAO STATE COLLEGE

INSTITUTE OF LAW
 CRIMINAL PROCEDURE

FINAL EXAMINATION

I – Choose the best answer.

1. The authority to hear and try a particular offense and impose the
punishment for it is (a) mixed system (b) criminal jurisdiction (c) venue
of the case (d) principle of jurisdiction

2. The exclusive jurisdiction of the Sandiganbayan over civil and criminal

cases are cases filed by the (a) Prosecutor’s Office (b) the NBI (c) the
Ombudsman and (d) the PCGG

3. The change of date of the commission of an offense from June 24,

1981 to August 28, 1989 is more of (a) substantial amendment (b)
formal amendment (c) consolidated amendment and (d) merely an
amendment

4. An accusation in writing charging a person with an offense subscribed

by the prosecutor and filed with the court is (a) complaint (b)
information (c) motion and (d) action

5. The complaint or information may be amended in substance or form

without leave of court at anytime (a) before the accused enter a plea (b)
after the accused pleads (c) during preliminary investigation and (d)
during trial

6. Amendment of an information to state the correct name of accused is

(a) substantial amendment (b) minor amendment (c) formal
amendment and (d) unnecessary amendment.

7. A check in the name of Juan was issued by the LBP, Bulanao, Tabuk
City and Juan gave the check to Juana at Roxas, Isabela, the check
subsequently bounced. The case for violation of the bouncing check
law must be filed at (a) Tabuk City (b) Roxas (c) Quezon, Isabela and
(d) Mallig, Isabela.

8. The correct provision of the law is (a) civil liability arising from the
offense charged shall be deemed instituted with the criminal action (b)
the amount of damages must be paid by the offended party (c)
reservations shall be filed respectively and (d) the criminal and civil
actions shall be consolidated.

9. A separate civil action is not allowed for (a) reckless imprudence cases
(b) homicide (c) violation of BP Blg. 22 and (d) estafa.

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10. Reservation to institute separate civil action arising from the offense
charged shall be made (a) before arraignment (b) after arraignment (c)
the prosecutor starts to present its evidence and (d) before the
accused presents its evidence
11. The right to preliminary investigation may be made by failure of the
accused to invoke the right (a) when the case is filed in court (b)
during arraignment (c) during the trial and (d) after trial

12. The motion for re-investigation is addressed to the (a) prosecution

on case (b) the trial Judge (c) the Secretary of Justice and (d) the
Ombudsman

13. The concept of a preliminary investigation is merely (a) prosecutorial

(b) inquisitorial (c) investigatorial and (d) jurisdictional

14. The taking of a person into custody in order that he may be bound
to answer to the commission of an offense is (a) detention (b)
submission (c) arrest and (d) custody

15.When a person is arrested in a warrantless arrest case not flagrante

delicto, the determination of probable cause can only be decided by
the (a) prosecutor (b) the court (c) Secretary of Justice and (d) the
Ombudsman.

16. A private person may without a warrant of arrest can arrest (a) a
prisoner who has escaped from custody (b) a prisoner who escaped
while being transferred (c) convicted fellon who has escaped and is at
large and (d) prisoner who escaped from a penal institution.

17. A legality of the arrest of the accused does not render the
proceedings void if (a) no timely objection to the irregularity is made
(b) accused waives his right (c) accused timely objected and (d)
accused proceeded to trial.

18.The right to bail presupposes that the accused is (a) still at large (b)
under legal custody (c) serving sentence and (d) release on
recognizance.

19.Juan was charged of murder and filed a petition for bail. The burden
of proof to show that the evidence of guilt is strong for the provisional
liberty of the accused is on the (a) accused (b) the court (c) the
prosecution and (d) the police officers

20. The hearing for an application for bail is mandatory in order for the
court to determine whether the evidence of guilt is (a) weak or
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strong (b) enough to convict the accused (c) that the presentation of
evidence is proper and (d) that the evidence of the accused is strong.

21.The bail of the accused may be filed at the place where (a) the private
complainant resides (b) the accused was arrested (c) the place of the
police officers who arrested the accused and (d) office of the
prosecutor who filed the complaint.

22.The right of the accused to be informed of the nature and cause of the
accusation against him is during (a) trial (b) arraignment (c)
preliminary investigation and (d) his arrest.
23.The right of the accused which is manifestly intended to protect the
rights of a person accused of a crime is (a) right to a public trial (b)
right to present witnesses (c) right to speedy trial and (d) right to
appeal.

24.The accused is required to be present in court (a) at the trial (b) trial
in absencia (c) during arraignment and (d) during preliminary
investigation

25.If the accused entered in an improvident plea of guilty, (a) the plea be
withdrawn (b) the case be dismissed (c) enter a plea of guilty and (d)
enter a plea of not guilty.

26.The accused may move to quash the complaint or information (a)

before entering his plea (b) before posting his bail (c) before the start
of the trial and (d) before presenting his evidence

27.The grounds for a motion to quash are the following except (a) that
the fact charged do not constitute an offense (b) it does not conform
substantially to the prescribed form (c) the judge has no jurisdiction
over the person of the accused and (d) that the criminal action or
liability has been extinguished.

28.In pre-bargaining during pre-trial, the disposition of the following

criminal cases is allowed except (a) reckless imprudence (b) estafa (c)
dangerous drugs cases and (d) less serious physical injuries.

29.In the order of trial in criminal cases, the prosecution present

evidence first except (a) the accused entered an affirmative defense (b)
the accused entered a negative defense (c) the court orders the trial
and (d) the prosecution at its discretion agrees on the trial.

30.An accused may be discharged as a state witness if (a) he voluntarily

asked for it (b) his testimony can be substantially
-4-

corroborated in its material points (c) is the choice of the presiding

judge and (d) is the choice of his counsel.

31. Discharge of an accused as a state witness operates as an acquittal

except (a) testified in court accuses his co-accused (b) prevented by
the prosecutor to testify in court (c) retracts and fails to keep his part
in the agreement (d) the conditions required for discharge is
incomplete.

32.The adjudication by the court that the accused is guilty or not guilty
of the offense charged and the imposition of the penalty is called (a)
decision (b) resolution (c) judgment and (d) order.

33.A judgment of conviction may be modified (a) before promulgation (b)

before appeal is perfected (c) after the accused has applied for
probation and (d) accused starts serving his sentence.
34.The court may grant new trial if (a) there are errors or irregularities
during the proceedings (b) there are mistakes or errors of counsel in
conducting the case (c) counsel withdrew as counsel of the accused
and (d) the prosecution failed to attend hearings.

35.The promulgation of the judgment of acquittal becomes final if (a) no

appeal within 15 days (b) becomes final immediately (c) becomes final
if the court orders finality and (d)becomes final when the prosecution
moved for the same

36.Withdrawal of an appeal to the CA may be allowed (a) upon motion

before the trial of the case on appeal (b) upon the appearance of the
solicitor general (c) upon determination of probable cause and (d)
after the withdrawal of counsel.

37.The CA may dismiss the appealed case moto propio when (a) the
appellant escaped from detention (b) when the Supreme Court orders
the CA to dismiss the case (c) lack of notice and (d) absence of
counsels.

38.Generally, the appeal to the Supreme Court refers only to matters of

(a) discretion (b) law (c) factual matters and (d) suggestion of accused
counsel.

39.A search warrant may be issued for the search and seizure of
personal property such as (a) illegal possession of firearms (b) illegal
drugs (c) subject of the offense and (d) custom’s search

40.A search warrant shall not issue except upon probable cause which
must be shown within the personal knowledge of the
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(a) Judge (b) the complainant or witnesses (c) the police investigator
and (d) police assets.

41.The motion to quash a search warrant or to suppress evidence must

be filed in court (a) that issued the search warrant (b) where the
action was instituted (c) the office of the provincial prosecutor
handling the case and (d) the office of the Ombudsman.

42.The search of a motor vehicle in a checkpoint, and the driver upon

being flagged down ran away and after a chase, the police officers
arrested the driver and confiscated a firearm tucked in his waist. (a)
the arrest is illegal (b) the arrest is legal (c) the arrest was legal based
on reasonable grounds of suspicion when the driver speeded away
and (d) The arrest is illegal because of lack of search warrant.

43. The determination of probable cause must be (a) to the case applied
for (b) in connection with one specific offense (c) as many offenses
applied for and (d) purpose of the application.

44. In the manner of examination of the applicant and his witnesses in

the determination of probable cause, it is required that (a) the
examination must be under oath (b) the examination must be based
 on the testimony of the witness (c) may delegate the examination of
witnesses and (d) considers only the affidavit executed by witnesses.

45. A search warrant shall not issue except upon probable cause in
connection (a) with one specific offense (b) as many offenses applied
for (c) offense to be determined by the judge and (d) offenses to be
determined by the applicant.

46. Trial in absencia is allowed after the accused (a) enters a plea (b)
escaped from detention (c) jumped bail and (d) went abroad.

II – Explain briefly your answer in not more than 4 sentences. Excess will not
be considered.

1. An information for frustrated homicide was filed against ABC at the

RTC. After trial the accused was convicted of the less serious physical
injuries. After promulgation of the decision and within the period of 15
days, the accused filed a motion for annulment of the proceedings and
dismissal of the case for lack of jurisdiction since the accused was
only convicted of less serious physical injuries which is within the
jurisdiction of the MTC. Decide the motion by explaining your answer.

-6-

2. An information was filed against Juan for homicide. Juan pleaded not
guilty. Before trial, the prosecution found out that the information
should have been murder because of the presence of a qualifying
circumstance of treachery. The prosecutor filed a motion for dismissal
of the information for homicide and to file an information for murder.

a) Is the act of the prosecutor proper or not? Explain your answer.

b) Will double jeopardy apply in the case if the information for
murder admitted in court? Explain your answer.

3. An information was filed against Juan for homicide at the RTC. After
trial, Juan was acquitted of the offense charged.

a) Explain the effect of the acquittal of Juan to the civil liability.

b) After trial, Juan was convicted of the charge and he appealed the
conviction to the CA. Pending the case of the CA, Juan died.
Explain the effect of the death of Juan to his civil liability.

c) If the charge against Juan is arbitrary or illegal detention and he

died after he entered a plea of not guilty, explain the effect of his
death on his civil liability.

4. Juan and Juana are spouses. Juana filed in court a petition for
absolute nullity of their marriage on the ground of psychological
incapacity. Pending the petition, Juana contracted a second marriage
to Caldo. Juan filed a case of bigamy against Juana for entering into a
second marriage. Juana filed a motion that the case of bigamy be
 dismissed pending the decision of the nullity of their marriage which
is prejudicial question. Decide the case and explain your answer.

5. An information for homicide against Juan was filed at the RTC. What is
the effect if (a) no preliminary investigation was conducted by the
prosecutor? (b) there was no determination of probable cause by the
prosecutor and (c) the prosecutor refused to prosecute the case.

6. A police officer entered a videoke bar and started frisking all the
customers who were peacefully conversing with one another. As a
result, the police officer confiscated a .45 paltik from customer ABC
and arrested him.

a) Is the act of the police officer in accordance with law? Explain

your answer.

-7-

b) A case for illegal possession of firearm was filed against ABC in

court. Will the case prosper and is the caliber .45 gun
admissible in evidence?

c) Incidentally, the house of Juan is located adjacent the videoke

bar and the police officer went to search the house and found 5
M16 rifles inside their home after forcibly opening the same. Is
the act of the police officer legal and the 5 firearms admissible
in evdence?

7. The police officers stationed at Bulanao, Tabuk City, Kalinga received a

tip from their civilian informer at 8:00 o’clock that a certain Juan
boarded a PUJ colored red with plate no. AYE 666 bound for Tabuk
City, Kalinga and in possession of 50 kilos of marijuana put inside a
plastic sack marked “Tabuk Rice”. Immediately, the police officers set
up a checkpoint and waited for the arrival of the PUJ. At 12:00 noon,
the said PUJ arrived and the police officers flagged down the same.
They found the described sack of marijuana and arrested the alleged
owner. After examination, the marijuana was found to be marijuana. A
case was filed in court but Juan filed a motion to dismiss the case on
the ground that he was illegally arrested and lack of search warrant.
Decide the case and explain your answer.

8. Juan and Juana were standing on the sidewalk. Police officers saw them
looking at each other and side to side. The police officers suspecting
them of committing a crime, approached them and introduced
themselves as police officers. Juan ran away but was caught. A firearm
was confiscated in his possession. There was the search and seizure
legal? Explain your answer.

9. An information for murder was filed against Juan at the RTC. After trial,
Juan was convicted for homicide sentencing him to 10 years to 14
years. The accused filed a motion for bail. The RTC refused to grant
bail.

a) Is the act of the RTC legal? Explain your answer.

 b) If the penalty imposed is below 6 years, will your answer be the
same?

10. A search warrant was issued by the court particularly describing the
place as a one-storey house and the 5 M16 rifles to be seized. Upon
being satisfied of the application that the said 5 M16 rifles can be found
in the room of the house of Juan, the court issued the search warrant.
The police officers implemented the search warrant and as a result, the
police officers did not find any firearms but 5 kilos of marijuana. ABC
was charged of illegal possession of dangerous drugs.
-8-

a) Will the charge prosper and the 5 kilos of marijuana admissible in

evidence?

b) If the police officers suspected that ABC is in possession of the said

marijuana, then entered the house without a warrant of arrest, saw
inside the dining room the 5 kilos of marijuana leaves, confiscated
the same and arrested ABC and subsequently filed a case for
violation of the dangerous drugs act. Will the case prosper and the
5 kilos of marijuana admissible in evidence?

1. A police officer applied for a search warrant stating in his affidavit that
he gathered informations from various sources and that ABC is the
holder of 5 unlicensed firearms without license to posses them. His
witness stated that he verified the information he previously received
that ABC had in his possession 5 firearms stated in the application. A
search warrant was issued on October 1, 2012 and the same was
implemented by the police on October 15, 2012.

a) ABC questioned the legality of the search warrant and that the
same was improperly issued. Decide and explain your answer.

b) If the judge issued a search warrant based only on the affidavit of

the applicant and witnesses, is the search warrant validly
issued? Explain your answer.

c) What is the effect of the delayed implementation of the search

warrant? Explain your answer.

12. a) Enumerate the elements of which must be present in order that

the plain view doctrine may apply.

b) A police officer on patrol went to a store to buy candy. While

inside the store, he saw a sack with protruding leaves of
marijuana. He went near and confirmed indeed that it was
marijuana. He confiscated the sack of marijuana and arrested
ABC, the owner. The sack contains 10 kilos of marijuana. A case
was filed against ABC for violation of the dangerous drugs act.
Will the case prosper and will the 10 kilos of marijuana be
admissible in evidence? Explain your answer.