Criminal Procedure Final 2024

Was auf diesem Rad steht (139 Optionen)

• It is that branch of law which prescribes the method of enforcing the rights or obtaining redress for their invasions.
• It is one by which the State prosecutes a person for an act or omission punishable by law.
• It is an act or omission in violation of a special law.
• It is an act or omission punishable by the Revised Penal Code.
• It is an act or omission in violation of an ordinance.
• It is that which can be prosecuted only through a complaint filed by the aggrieved party.
• It is defined as the power of the court to hear and decide cases and to execute the judgment thereon.
• How is jurisdiction of the court in criminal cases determined?
• What are the essential requirements in order for the court to assume jurisdiction over criminal cases?
• How is jurisdiction over the person of the accused acquired?
• What is the remedy in case of lack of jurisdiction over the person of the accused?
• It is the territory where the court has jurisdiction to take cognizance or to try the offense allegedly committed therein by the accused.
• Which court exercises appellate jurisdiction over decisions, final orders, or resolutions of the Regional Trial Court?
• It is the substantive law that confers exclusive original jurisdiction to the Sandiganbayan over offenses committed by public officials with a salary grade of 27, or higher, for violations of R.A. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act.
• Who shall represent the People of the Philippines in all cases elevated to the Sandiganbayan and from Sandiganbayan to the Supreme Court?
• Which court has exclusive original jurisdiction over all criminal offenses arising from violations of the National Internal Revenue Code or Tariff and Customs Code where the principal amount of taxes and fees, exclusive of charges and penalties, claimed is less than One million pesos?
• Which court has exclusive original jurisdiction over all criminal offenses arising from violations of the National Internal Revenue Code or Tariff and Customs Code where the principal amount of taxes and fees, exclusive of charges and penalties, claimed is at least One Million Pesos?
• Give at least 4 cases falling under the original exclusive jurisdiction of the Regional Trial Court in criminal cases.
• Give at least 3 criminal cases falling under the exclusive original jurisdiction of the Municipal Trial Courts.
• How is venue in criminal cases conferred?
• How are criminal actions instituted. Give the 4.
• Explain the doctrine of heirarchy of courts.
• Explain the doctrine of in flagrante delicto arreast.
• Explain hot pursuit doctrine.
• Explain escapee doctrine.
• It is a warrant which does not particularly describe the place to be searched and the things to be seized is a void warrant.
• Explain the doctrine of the fruit of the poisonous tree.
• Explain the plain view doctrine.
• What are the elements of plain view doctrine?
• It means that a presumption of law shall not apply if there is evidence to the contrary.
• It means that when the circumstances are capable of two or more inferences, one of which is consistent with innocence and the other is compatible with guilt, the presumption of innocence must prevail, and the court must acquit.
• It means that an offer to pay or the payment of medical, hospital, or other expenses occasioned by an injury is not admissible in evidence as proof of civil or criminal liability for the injury.
• What is the quantum of evidence in criminal cases?
• Who has the burden of proving the accused' guilt?
• In the construction of criminal procedure, how are you going to construe the rules?
• It is the law which establishes a system of amicably setting the disputes at the barangay level.
• Give at least four exceptions to the application of the rule on the referral to the barangay.
• What is the reason why referral to the barangay lupon for conciliation is no longer required?
• Within how many days a party to the dispute may repudiate the settlement in the lupon?
• It is a procedural device used prior to trial to narrow issues to be tried, to secure stipulation as to matters and evidence to be heard, and to take all other steps necessary to aid in the disposition of the case.
• When shall the court order a pre trial conference?
• Give 2 instances where the judicial affidavit shall apply in criminal cases.
• It is an order embodying the terms and stipulations agreed upon at the pre-trial conference or hearing.
• It is a judicial process of investigating and determining the legal controversies, starting with the production of evidence by the plaintiff and ending with his closing arguments.
• It is a kind of trial in which the accused admitted the crime but interposes exculpatory defenses, and the burden of jurisdiction is now on him and he will be the first to present evidence.
• It is a kind of trial conducted after the accused has been arraigned and he was duly notified of the trial and his failure to appear thereat is unjustified.
• It is a trial conducted according to the law of criminal procedure and the rules and regulations, free from vexatious, capricious delays.
• It is a trial conducted by a disinterested judge without favoring any party.
• Give the two instances where the presence of the accused in court is mandatory.
• The trial shall commence within _________ days from receipt of the pre-trial order.
• What is the effect if the accused is not brought to trial within the time limit required by the Rules.
• What is the effect if the accused fails to move for the dismissal of the case on the ground of denial of the right to speedy trial?
• The right to speedy disposition of cases, like the right to speedy trial, is violated only when the proceedings are attended by _________, capricious, and oppressive delays.
• The right to speedy disposition of cases, like the right to speedy trial, is violated only when the proceedings are attended by vexatious, __________, and oppressive delays.
• The right to speedy disposition of cases, like the right to speedy trial, is violated only when the proceedings are attended by vexatious, capricious, and _________ delays.
• It means that the court shall strictly adhere to the rule that a witness has to be fully examined in 1 day.
• Give the 5 requirements in order for the accused to be discharged as a state witness.
• It is an objection by one of the parties in an action, to the effect that the evidence which his adversary produced is insufficient in point of law, whether true or not, to make out a case or sustain the issue.
• What is the effect if the demurrer to evidence is granted?
• What is the remedy from an order of dismissal upon demurrer to evidence?
• It is the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability, if any.
• Give the requirements of a valid judgment.
• What is the constitutional basis of a valid judgment?
• It is an order issued by the court which disposes of the subject matter in its entirety or terminates a particular proceeding or action, leaving nothing more to be done except to enforce by execution what the court has determined.
• What are the 2 kinds of acquittal?
• What are the effect if the judgment is for conviction and the failure of the accused to appear was without justifiable cause? Give 2.
• When does a judgment become final? Give 4.
• Give 4 remedies of the accused before finality of judgment.
• It is a proceeding where errors of law or irregularities are expunged from the record, or new evidence is introduced, or both steps are taken.
• When is the time to file motion for reconsideration or motion for new trial?
• What are the grounds of motion for new trial?
• What are the grounds of motion for reconsideration?
• It is defined as the elevation by an aggrieved party of any decision, order or award of a lower body to a higher body.
• What is the effect if the accused fails to perfect an appeal?
• Who represents the State in appeals of criminal cases before the Supreme Court and the Court of Appeals.
• What is the remedy in judgment of acquittal?
• What is the effect if the accused dies pending his appeal of conviction?
• What is the effect if one or more accused appeal the judgment of conviction?
• What is the effect if the accused perfected an appeal?
• It is a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court.
• What is the effect as to the right of the accused to appeal if he applies for probation?
• Give the law which grants probation to convicted persons.
• Give 3 instances where the accused cannot avail the benefits of probation.
• From receipt of the order granting the probation, how many hours should the accused report to the probation officer?
• How many times in a month should the accused report to the probation officer?
• What is the period of probation of a defendant sentenced to a term of imprisonment of not more than one year?
• What is the period of probation of a defendant sentenced to a term of imprisonment of more than one year?
• What is the effect if the probation is revoked?
• What is the effect of the final discharge of the probationer ?
• Give 4 remedies available after the finality of judgment.
• It is an act of grace proceeding from the power entrusted with the execution of the laws, which exempts the individual on whom it is bestowed, from the punishment which the law inflicts for a crime he has committed.
• What is the constitutional basis empowering the President to grant pardons?
• What is the effect of absolute pardon?
• It is the release from jail, prison, or other confinement after actually serving part of sentence.
• What are the instances where the President cannot grant executive clemency. Give 3.
• It is a pardon granted by executive proclamation or by statute for a specific crime or specific crimes committed before a fixed date. The crime is usually a public offense.
• It refers to the lowering of the sentence imposed.
• Who are the persons are excluded from the coverage of the commutation of sentence? Give 3.
• It is the temporary or indefinite postponement by the courts of its judgment in a criminal case.
• It is the suspension of the execution of the sentence until the time provided in the law or in the grant of the President.
• It is an order in writing issued in the name of the People of the Philippines signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court.
• It is defined as a search or arrest warrant that is not particular as to the person to be arrested or the property to be seized.
• It provides for the law on the issuance and requirements for the issuance of a search warrant.
• What are the personal properties that may be searched and seized by virtue of a search warrant?
• It means the existence of such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place to be searched.
• Who determines probable cause in the issuance of search warrants?
• What is the effect to the search warrant if the warrant alleges more than one offense?
• What is the consequence if the testimonies of the applicant for search warrant are not truthful?
• It states that when the search made without warrant is unjustifiable, whether it is found or discovered afterwards, cannot be used as evidence against the suspect.
• It is a search warrant which is too embracing as to include all the paraphernalia of the subject.
• What are the requirements before a judge can issue a search warrant? Give 4.
• Who should be present at the time of the search of the house, room, or any other premises by virtue of a search warrant? Give the 3, in order.
• What is the effect if the search is conducted without the presence of at least two witnesses?
• When should the search be conducted?
• In what instance can the search be conducted at night?
• How many days is the validity of a search warrant?
• What is the effect if the accused signed the receipt prepared by the seizing officer.
• What will the seizing officer do after he seized the properties?
• It is type of search where a person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense with a search warrant.
• In search incidental to a lawful arrest, what is the effect to the search if there is no basis for the arrest?
• Give 4 instances of valid warrantless search.
• What is the effect if the accused gives consent to the search?
• Give the requisites in order for the “plain view doctrine” to apply. Give 3.
• What is the reason why moving vehicles may be searched without a search warrant?
• Give 4 grounds for the quashal of a search warrant.
• When shall the court order the pre trial conference?
• What are the things to consider during pre trial conference? Give 4.
• What is the remedy where accused is not brought to trial within the time limit?
• How is judgment promulgated?
• Where to appeal cases decied by the Municipal Trial Courts?
• Where to appeal cases decided by the Regional Trial Court?
• Where to appeal cases decided by the Court of Appeals?
• What are the requisites for issuing search warrant?
• Who is your instructor in Criminal Procedure?
• Who is your instructor in Criminal Procedure?
• Who is your instructor in Criminal Procedure?
• Who is your instructor in Criminal Procedure?
• Who is your instructor in Criminal Procedure?
• Who is your instructor in Criminal Procedure?