2024-2025 Criminal Procedure

Liczba opcji na tym kole: 161

How can criminal actions be instituted?
When is a preliminary investigation required?
For offenses where a preliminary investigation is required, where will you file the complaint?
For offenses that do not require preliminary investigation, where will you file the complaint?
In Manila and other chartered cities, where will you file the complaint?
What are the formal requirements for a complaint or information? Give the 3.
What is a criminal complaint?
A ______ is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated.
A complaint is a sworn written statement charging a person with an offense, subscribed by the ______ party, any peace officer, or other public officer charged with the enforcement of the law violated.
What is a criminal information?
How is jurisdiction of the court in criminal cases determined?
What is the effect of the institution of the criminal action with regard to the prescriptive period of the crime?
An information is an accusation in writing charging a person with an offense, subscribed by the __________ and filed with the court.
When is a complaint or information deemed sufficient? Give the 5.
What is the rule on duplicity of offense?
What is the remedy in case of duplicity of offenses?
What is amendment?
It refers to the modification of a complaint or information by the public prosecutor which changes its form or substance.
Where is the venue of a criminal action? Give the 2.
What is the nature of venue in criminal cases?
Where will be the venue of offenses committed in a moving train, aircraft, or moving vehicle?
Where will the venue of a crime committed on board a vessel be?
Where will the venue of offenses committed under Art. 2 of the Revised Penal Code be?
Who is your instructor in Criminal Procedure?
What is the rule on the institution of a criminal action as regards the civil aspect of the case?
Give the 3 instances where the civil action is not instituted in the criminal action.
What is the substantive basis of the civil liability of a person accused?
What is the effect of the acquittal of the accused on his civil liability?
What is the effect of death of the accused during the pendency of his appeal on his criminal and civil liability?
What is the effect if there is judgment on the civil liability?
What is a prejudicial question?
It is understood in law to be that which arises in a case, the resolution of which is a logical antecedent of the issue involved in the criminal case, and the cognizance of which pertains to another tribunal.
It is determinative of the criminal case, but the jurisdiction to try and resolve it is lodged in another court or tribunal.
It is based on a fact distinct and separate from the crime but is so intimately connected with the crime that it determines the guilt or innocence of the accused.
What are the elements of prejudicial question? Give the 2.
Who is your instructor in Criminal Procedure?
What is preliminary investigation?
It is an inquiry or proceedings to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.
When is a preliminary investigation required?
What is the quantum of proof in preliminary investigation?
It is defined as such facts as are sufficient to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.
What are the kinds of determination of probable cause? Explain each.
Upon receipt of the complaint, what are the possible actions of the investigating officer on the complaint?
If the respondent is subpoenaed, what is the effect of his or her failure to submit a counter-affidavit?
What is the remedy of the accused if the officer who signed the criminal complaint or information has no authority to do so?
How will appeal on the decision of the prosecutor be made?
If the accused appeals the decision of the prosecutor, what is the remedy of the accused to hold the proceedings in abeyance?
What is a warrant of arrest?
It is a legal process issued by competent authority directing the arrest of a person or persons upon grounds stated therein.
What is an inquest proceeding?
It is an informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether or not said persons should remain under custody and correspondingly be charged before the court.
Who is your instructor in Criminal Procedure?
What is arrest?
It is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.
When should the warrant of arrest be served?
What are the instances when a person may be arrested without warrant?
What is “in flagrante delicto” or “caught in the act” arrest?
What is the doctrine of “hot pursuit”?
What is an escapee doctrine?
What is custodial investigation?
It refers to any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.
What are the requirements of valid waiver under Art. 125 of the Revised Penal Code?
When should an arrest be made?
Who is your instructor in Criminal Procedure?
What is bail?
It is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court.
When is bail a matter of right?
When is bail a matter of discretion?
What is a capital offense?
It is an offense which may be punished with death.
What are the 4 kinds of bail?
Explain cash bail bond.
Explain property bail bond.
Explain corporate surety.
Explain recognizance.
It is a mode of securing the release of any person in custody or detention for the commission of an offense who is unable to post bail due to abject poverty.
Who is your instructor in Criminal Procedure?
What are the rights of the accused in a criminal proceeding? Give 5.
What is the “equipoise or equiponderance of evidence rule”?
It states that when the circumstances are capable of two or more inference, 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.
What are the circumstances where the presence of the accused is required? Give the 4.
When is the right to speedy trial deemed violated?
What is the meaning of speedy trial?
Who is your instructor in Criminal Procedure?
What is arraignment?
It is a procedure whereby the accused is brought before the court to plead to the criminal charge in the indictment or information. The charge is read to him and he asked to plead “guilty” or “not guilty”.
It is the formal mode and manner of implementing the constitutional right of an accused to be informed of the nature and cause of the accusation against him.
What is the effect if the accused refuses to enter a plea?
When will the case be scheduled for arraignment and pre-trial conference for the detained accused?
When will the case be scheduled for arraignment and pre-trial conference for non-detained accused?
What is plea bargaining?
It is the process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval.
It usually involved the defendant’s pleading guilty to a lesser offense.
What are the duties of the court if the accused pleads guilty to a capital offense?
What are the grounds for suspension of arraignment?
How many days will the arraignment be suspended on the ground that there is a petition for review pending before the DOJ?
Who is your instructor in Criminal Procedure?
What is the meaning of “to quash”?
What is a Motion to Quash?
It is the mode by which an accused assails the validity of a criminal complaint or information filed against him for insufficiency on its face in point of law, or for defects which are apparent in the face of the information.
How can the court acquire jurisdiction over the person of the accused? Give the 3.
What is double jeopardy?
What are the requisites for double jeopardy to exist?
For offenses punishable by imprisonment not exceeding 6 years , when shall the provisional dismissal become permanent?
For offenses punishable by imprisonment of more than 6 years, when shall the provisional dismissal become permanent?
Who is your instructor in Criminal Procedure?
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.
What are the instances where the presence of the accused is required?
It is a trial held in public, in the presence of the public, or in a place accessible and open to the attendance of the public at large, or of a person who may properly admitted.
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.
What are the grounds for discharge of the accused as state witness? Give the 5.
What is demurrer to evidence?
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 remedy of the prosecution from an order of dismissal upon demurrer to evidence?
Who is your instructor in Criminal Procedure?
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.
What is judgment?
What are the requirements for a valid judgment?
What are the effects of failure of the accused to appear during promulgation of a judgment of conviction?
When does a judgment become final? Give the 4.
What is New Trial?
It is a proceeding whereby errors of law or irregularities are expunged from the record, or new evidence is introduced, or both steps are taken.
When to avail remedy of new trial or reconsideration?
What are the grounds for new trial?
What are the grounds for reconsideration?
What is an appeal?
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 nature of the right to appeal?
What is the effect of failure to perfect an appeal?
What is the effect of death of the accused pending the appeal on his civil and criminal liability?
When can an appeal be taken?
What is the Neypes Rule or the Fresh Period Rule?
What is the effect of an appeal by one or more several accused?
What is probation?
It is a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer.
Who are disqualified from probation? Give 3.
Who is your instructor in Criminal Procedure?
What is pardon?
What is parole?
It is the release from jail, prison, or other confinement after actually serving part of sentence.
What is amnesty?
What is commutation of sentence?
It refers to the lowering of the sentence imposed.
It is the suspension of the execution of the sentence until the time provided in the law.
Who is your instructor in Criminal Procedure?
What is a search warrant?
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.
What is a general warrant?
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.
What are the requirements for the issuance of a search warrant?
Who determines probable cause for the issuance of search warrant?
What is a scatter-shot warrant?
It is a warrant that alleges more than one specific offense.
What is the doctrine of the “fruit of the poisonous tree”?
When should the search be made?
What is the period of validity of a search warrant?
Explain Search Incidental to a Lawful Arrest.
Explain consented search.
Who is your instructor in Criminal Procedure?