University of Nueva Caceres
School of Law
CRIMINAL PROCEDURE
Professor: Atty. Khristian Damielle Jamer, RN, LPT
FINAL EXAMINATION
Name: Sheila May I. Macaroncio Score: __________
I. MULTIPLE CHOICE (1 pt. each)
Instruction: Choose the BEST answer among the options.
1. Answer: B. The processes for prosecuting violations of criminal law
CRIMINAL PROCEDURE GOVERNS:
a. Civil remedies for private disputes
b. The processes for prosecuting violations of criminal law
c. The rules for enforcing administrative regulations
d. The settlement of labor disputes
2. Answer: B. The allegations in the complaint or information
JURISDICTION OVER THE SUBJECT MATTER IS DETERMINED BY:
a. The consent of the accused
b. The allegations in the complaint or information
c. The discretion of the public prosecutor
d. The geographic location of the offense
3. Answer: B. It determines the jurisdiction of the court
VENUE IN CRIMINAL CASES IS SIGNIFICANT BECAUSE:
a. It simplifies court procedures
b. It determines the jurisdiction of the court
c. It can be waived by the accused
d. It ensures fairness for the complainant
4. Answer: B. Authorized by the public prosecutor with court approval
THE ROLE OF A PRIVATE PROSECUTOR IS ALLOWED WHEN:
a. There is public interest in the case
b. Authorized by the public prosecutor with court approval
c. The complainant demands it
d. The accused requests it
5. Answer: B. Arrest or voluntary appearance in court
THE COURT ACQUIRES JURISDICTION OVER THE ACCUSED UPON:
a. Filing of a complaint
b. Arrest or voluntary appearance in court
c. Issuance of a warrant of arrest
d. Preliminary examination by the judge
6. Answer: b. Issuing a subpoena for relevant documents or evidence
DISCOVERY DURING PRELIMINARY INVESTIGATION INCLUDES:
a. Cross-examination of witnesses
b. Issuing a subpoena for relevant documents or evidence
c. Requiring a pre-trial conference
d. Allowing the accused to confront the complainant
7. Answer: A. All criminal cases
FILING OF A CRIMINAL CASE WITH THE PROSECUTION OFFICE IS
REQUIRED FOR:
a. All criminal cases
b. All crimes committed in Naga City.
c. Offenses punishable by imprisonment of less than six months
d. Administrative complaints involving government officials
8. Answer: d. Immediate execution upon filing of the information
A VALID WARRANT OF ARREST REQUIRES:
a. Approval by a higher court
b. Probable cause determined personally by a judge
c. Consent from the respondent
d. Immediate execution upon filing of the information
9. Answer: b. Before or after the plea
A SUBSTANTIAL AMENDMENT TO AN INFORMATION MAY BE
ALLOWED:
a. At any time, even after judgment
b. Before or after the plea
c. Even after the plea, as long as it is beneficial to the aggrieved
d. Only during pre-trial
10. Answer: d. Any person with direct knowledge of the offense
THE FOLLOWING MAY BE PRIVATE COMPLAINANTS IN A CRIMINAL
CASE, EXCEPT:
a. The offended party
b. The investigating prosecutor
c. A public official enforcing the penal law
d. Any person with direct knowledge of the offense
11. Answer: c. The place where the libelous material was published or where the
offended party resides
IN CASES OF LIBEL, VENUE IS DETERMINED BY:
a. The complainant’s preference
b. The court’s location
c. The place where the libelous material was published or where the
offended party resides
d. The residence of the respondent
12. Answer: C. Persons arrested without warrant
AN INQUEST PROCEEDING IS CONDUCTED FOR:
a. All arrested individuals
b. Cases involving detained respondents
c. Persons arrested without a warrant
d. Crimes punishable by reclusion perpetua
13. Answer: c. Particularly describe the place to be searched and items to be seized
A VALID SEARCH WARRANT MUST:
a. Be issued with minimal evidence
b. Be valid for a period of 30 days
c. Particularly describe the place to be searched and items to be seized
d. Require presence of the respondent during execution
14. Answer: C. Any jurisdiction where elements of the crime occurred
ALL BUT ONE ARE POSSIBLE VENUES FOR CONTINUOUS CRIMES:
a. The place of the offense’s initiation
b. The place of the offense’s conclusion
c. The accused’s residence
d. Any jurisdiction where elements of the crime occurred
15. Answer: C. Statutory Law
Jurisdiction over the subject matter is conferred by:
a. The consent of the accused
b. The Rules of Court
c. Statutory Law
d. Case Law
II. MODIFIED TRUE OR FALSE (2 pts. each)
Instruction: Answer A, if Statement A is TRUE but Statement B is FALSE;
Answer B, if Statement A is FALSE but Statement B is TRUE; Answer C, if both
Statements A and B are TRUE; and Answer D, if both Statements A and B are
FALSE.
A (T)+ B (F)= A
A (F)+ B (T)= B
BOTH TRUE = C
BOTH FALSE= D
1. Answer: A
A. Criminal Law defines crimes, treats of their nature, and provides for their
punishment.
B. Criminal Procedure lays down the procedure by which an offender is made
to answer for violation of the civil laws.
2. Answer: C.
A. Jurisdiction over the subject matter is the authority of the court to hear and
determine a particular criminal case.
B. Jurisdiction over the territory is the jurisdiction over the place where the
offense was committed.
3. Answer: A.
A. Custody of law refers to physical restraint.
B. Jurisdiction over the person does not require that a person is under the
custody of law.
4. Answer: C.
A. Pardon in private crimes only refers to past acts because there can be no
forgiveness over something that has yet to exist.
B. Consent may be extended to the spouse only.
5. Answer: C.
A. An Information requires no oath.
B. A Complaint may be sworn by a police officer.
6. Answer: B.
A. In order for the court to acquire jurisdiction over the person of the accused,
it is not imperative that the accused be charged using his name appearing
in his birth certificate.
B. The exact place where the crime was committed need not be alleged in the
Complaint for the Court to acquire jurisdiction over the subject matter.
7. Answer: A.
A. An amendment which excludes an accused from the Complaint needs
leave of court even if made before arraignment.
B. Substantial amendments may still be allowed after arraignment.
8. Answer: A.
A. The institution of the criminal action includes the institution therein of the
civil action for recovery of civil liability based on the Revised Penal Code.
B. In a criminal action for violation of BP 22, the complainant may not reserve
his right to file a separate civil action.
9. Answer: C.
C. In all criminal cases filed before the Prosecution Office, the quantum of
proof for the purpose of the filing of Complaint/Information is Prima Facie
Evidence with Reasonable Certainty of Conviction.
D. Under the 2024 DOJ-NPS Rules, a crime committed in Naga City with a
maximum imposable penalty of two years and four months still needs to be
filed before the Prosecution Office.
10. Answer: A.
A. A prejudicial question is an issue involved in a criminal action which is
similar or intimately related to the issue raised in a civil action, the resolution
of which determines whether the criminal action may proceed.
B. A petition for suspension of the criminal action based upon the pendency
of a prejudicial question may be raised during the pre-trial of the criminal
action or at any time before the prosecution rests its case.
11. Answer: A.
A. Bail 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, as required under the conditions prescribed under the rules.
B. The right to bail, a statutory right, flows from the presumption of innocence
in favor of every accused who should not be subjected to the loss of
freedom.
12. Answer: A.
A. The arraignment is made in open court by the judge or clerk by furnishing
the accused with a copy of the complaint or information, reading the same
in the language or dialect known to him, and asking him whether he pleads
guilty or not guilty.
B. Ideally, arraignment shall be made within sixty (60) days from the date the
court acquires jurisdiction over the person of the accused.
13. Answer: A.
A.
Pre-trial is a procedural device intended to clarify and limit the basic issues
between the parties and to take the trial of cases out of the realm of surprise
and maneuvering.
B. Pre-trial shall be held after arraignment and within sixty (60) days from the
date the court acquires jurisdiction over the person of the accused.
14. Answer: A.
A. Trial is the examination before a competent tribunal, according to the laws
of the land, of facts put in issue in a case for the purpose of determining
such issue.
B. Ideally, period of the trial may be extended but not exceeding one-eighty
(180) days at the discretion of the parties.
15. Answer: B.
A. Demurrer to evidence is a motion to dismiss filed by the defense in a
criminal action to the effect that the evidence which the prosecution
produced is insufficient in point of law to make out a case or sustain the
issue.
B. The accused can still proceed with the presentation of his evidence after
the judge denied his demurrer to evidence if he first sought leave of court
to file the same.
III. SELECT ALL THAT APPLIES (5 pts. each)
Instruction: From the list of options, select one or more options that are correct
or applicable based on the provided information.
1. Answer/s: F
Robert Baratheon perpetrated the crime of rape against Lyanna Stark in Naga
City then rode with her in private vehicle and traversed to the Municipality of
Calabanga. Where can Lyanna file a criminal action for rape against Robert?
A. MTC Ocampo E. RTC Pili
B. MTC Naga F. RTC Naga
C. MTC Canaman G. RTC Magarao
D. MTC Magarao H. RTC Calabanga
2. Answer/s: B, C
Cersei Lannister issued a check to Lady Brienne for PhP500,000.00 in the
former’s residence in Brgy. Red Keep, Naga City which the latter presented for
encashment in a satellite branch of Westeros Bank, whose original branch is
located in Ragay, Camarines Sur, near her residence in Brgy. Tarth, Naga City.
Said check was subsequently dishonored because the account against which it
will be charged was closed already. Where can Lady Brienne file a criminal action
for violation of B.P. 22 against Cersei Lannister?
A. MTC Minalabac E. RTC Pili
B. MTC Naga F. RTC Naga
C. MTC Ragay G. RTC Minalabac
D. MTC Magarao H. RTC Calabanga
3. Answer/s: F
Varys Bayola, a resident of the Municipality of Calabanga, published a
commentary on a local newspaper based in Calabanga called X (formerly
Twitter) against Daenerys Targaryen, a resident of the Municipality of Bombon,
that the latter is not worthy to be an heir of the Estate of Aerys Targaryen
because she’s been sold to a band of horse riders led by alias “Aquaman” and
is no longer chaste, which Daenerys found out through his boyfriend/nephew,
Jon Snow, resident of the Municipality of Pili, who bought a copy of X at S&R
Naga, Where can Daenerys file a criminal action for libel against Varys?
A. MTC Calabanga E. RTC Pili
B. MTC Naga F. RTC Naga
C. MTC Gainza G. RTC Legazpi
D. MTC Magarao H. RTC Calabanga
IV. ESSAY (5 pts. each)
PART 1:
1. Discuss each of the three (3) requisites for exercise of criminal
jurisdiction.
- Jurisdiction over subject matter is the Authority conferred by the law to the
court to hear and decides cases involving criminal offenses.
- Jurisdiction over the person of the accused is acquired validly through a
person’s arrest or voluntary surrender.
- Jurisdiction over territory is acquired through when the offense has been
committed within the territorial jurisdiction of the court.
2. Distinguish a Complaint from an Information
According to Rule 110, Section 2 and 3 of the ROC, a complaint is a sworn
written statement charging a person with an offense, subscribed by the
offended party, any public officer, or other public official charged with the
enforcement of the law violated. Meanwhile, an information is an accusation
in writing charging a person with an offense, subscribed by the prosecution
and is filed in court.
3. Enumerate at least five (5) grounds to cause the quashal of a defective
Information.
1. Duplicity of an offense
2. In case of double jeopardy
3. The facts do not constitute the offense
4. The person who filed the offense do not have the authority to do so
5. In case of lack of criminal jurisdiction
4. Compare an acquittal based on the existence of reasonable doubt and
acquittal based on failure of the prosecution to prove the guilt of the
accused.
The court is bound to acquit accused because for the existence of reasonable
doubt in the judge’s or jury’s mind regarding the guilt. In here, the principle,
"innocent until proven guilty" ensures that if doubt exists, the accused cannot
be convicted.
Meanwhile, the acquittal is due to the prosecution’s failure or inability to
present sufficient or credible evidence to establish guilt beyond a reasonable
doubt resulting from an unsubstantiated case or lack of evidence, or
procedural flaws discovered.
5. Contrast a Motion for Reconsideration from Appeal.
A motion for reconsideration is a motion is a remedy filed in the same court
that issued the decision. Here, there will be a review of the court’s judgment
which may argue that the court may have committed errors of law or that a
fact needs to be corrected. Contrarily, there is a motion to appeal where there
a case filed in a higher court, seeking a review of the lower court’s decision.
Opposite to the previous motion, motion to appeal is a remedy pursued when
the party believes the lower court erred in its judgment or even application of
the law.
PART 2:
1. Harry Potter, Ron Weasley and Hermione Granger were charged with
the murder of Tom Riddle. Upon filing of the information, the MTC
judge issued the warrants for their arrest. Learning of the issuance of
the warrants, the three accused jointly filed a motion for
reinvestigation and for the recall of the warrants of arrest. After further
evaluation of the Information filed before it, the Court dismissed the
case. Did the Court rule correctly?
- YES. The Court ruled correctly provided a ground for quashal of
information which is lack of criminal jurisdiction. In here, the parties act base
in charge of murder which is an offense under the jurisdiction of the RTC,
requesting reinvestigation as they believe the judge erred for issuing a
warrant making the for Court dismiss the case valid.
2. While cruising on a highway, a taxicab driven by Bellatrix Lestrange
hit an electric post. As a result thereof, its passenger, Dolores
Umbridge, suffered serious injuries, bringing joy to a handful of
people. Bellatrix was subsequently charged before the Municipal Trial
Court for reckless imprudence resulting in serious physical injuries.
Thereafter, Dolores filed a civil action against Lucius Malfoy, the
owner of the taxicab, for breach of contract, and Bellatrix for quasi-
delict. Lucius and Bellatrix filed a motion to dismiss the civil action on
the ground of litis pendentia, that is, the pendency of the civil action
impliedly instituted in the criminal action for reckless imprudence
resulting in serious physical injuries, which the Court granted. Did the
Court rule correctly?
3. Harry Potter and Ginny Weasley got married in 2015. In 2020, Harry
contracted a second marriage with Luna Lovegood. When Ginny
found out about the second marriage of Harry and Luna, she filed a
criminal case for bigamy before the Regional Trial Court (RTC) of
Manila sometime in 2021. Meanwhile, Harry filed a petition for
declaration of nullity of his first marriage with Ginny in 2015, while the
case for bigamy before the RTC of Manila is ongoing. Subsequently,
Harry filed a motion to suspend the proceedings in the bigamy case
on the ground of prejudicial question, which the Court granted. Did
the Court rule correctly?
- YES. The rule ruled correctly in suspecting the proceeding in the case
of Harry. In here, the Court ruled correctly for the validity of Harry’s first
marriage is a prejudicial question, which must first be resolved before
the bigamy case can proceed. In all significance, the petition for nullity
directly affects the existence of the crime charged.
4. The Office of the City Prosecutor issued a Resolution finding probable
cause against Sirius Black for violation of R.A. No. 7610. Later on, an
Information was filed before the RTC charging Sirius of the said crime.
The Resolution was penned by an Assistant City Prosecutor approved
by a Senior Assistant City Prosecutor. The Information was penned
by ACP Arthur Weasley, but without approval from any higher
authority. Sirius moved for the quashal of the Information against him
on the ground of lack of authority of the person who filed the same
before the Court, which the latter immediately granted. Did the Court
rule correctly?
- YES. The Court ruled correctly because an Information requires proper
authorization from the prosecutor. In this case, since ACP Arthur Weasley
filed the Information without higher approval, the lack of authority renders
the filing invalid, warranting the quashal of the said Information.
5. The Municipal Police Station of District 12, Panem received a radio
message about a silver-gray Okavango – with plate number 123 and
carrying three (3) people – that was transporting marijuana from
District 11. At around 9:30 a.m., the tipped vehicle reached the
checkpoint and was stopped by the team of police officers on
standby. The team leader asked the driver about inspecting the
vehicle. The driver alighted and, at an officer's prodding, opened the
pickup's hood. Two (2) sacks of marijuana were discovered beside the
engine. An Information was filed against Gale, Peeta, and Katniss
before the RTC of Panem, charging them with violation of Section 4 of
R.A. No. 9165. Is the search and seizure made valid?
- YES, the search and seizure made is valid. This case will fall under the
Rule 113, in fragrante delicto arrests wherein the search and seizure are
valid as there is a tipped information to subsequent checkpoint given
that there is probable cause which the persons in charge of the law
believed with reasonable certainty of crime being committed.
6. The Information against Peeta Mellark for the crime of acts of
lasciviousness under Article 336 of the Revised Penal Code avers:
“That on or about 10:30 o'clock in the evening of December 1, 2023
at District 12, Panem and within the jurisdiction of this Honorable
Court, the above-named accused, with lewd and unchaste design,
through force and intimidation, did then and there, willfully,
unlawfully and feloniously commit sexual abuse on his daughter,
Rue Mellark, a minor of 11 years old, either by raping her or
committing acts of lasciviousness on her, against her will and
consent to her damage and prejudice.
ACTS CONTRARY TO LAW.”
Mr. Mellark wants to have the case dismissed because he believes that
the charge is confusing, and the Information is defective. What ground
or grounds can he raise in moving for the quashal of the Information?
Explain each.
- First, there, there is a duplicity of offense where charges both rape and
acts of lasciviousness, which are separate and distinct crimes, violating
the rule that each Information should charge only one offense. Second,
there is a lack of certainty that a crime has been committed or facts does
not constitute the offense. In this case, the wording is vague and does
not specify which crime is being charged which is also a ground for the
quashal of the information.
7. As a result of vehicular mishap, Katniss was charged before the MTC
of two separate offenses in two Informations for Reckless imprudence
resulting in slight physical injuries and Reckless imprudence
resulting in homicide and damage to property for the death of the
husband of Primrose.
Katniss pleaded guilty to the first Information and was punished only
by public censure. Invoking such conviction, Katniss now moves for
the quashal of the other Information on the ground of double jeopardy.
Is the contention of Katniss tenable?
- NO. In this case, Katniss’ contention is not tenable given the fact that
reckless imprudence resulting in slight physical injuries and reckless
imprudence resulting in homicide and damage to property are two distinct
offenses. Katniss plea of guilt to one does not bar the prosecution of the
other offense since each offense involves different facts and
consequences.
V. BONUS (5 pts. each)
1. What are the highlights of your learning experience in Criminal
Procedure?
The actuality of studying criminal procedure is hard as a freshman law
student. Probably, I will never forget the times the times where I never
understand a thing from hundred pages of readings and cases. I believe
that small and gradual efforts really matter as it provided me a technical
knowledge of rules necessary of becoming a lawyer who can stand up
for other people’s lives.
2. What are your comments and suggestions to your professor in
Criminal Procedure?
Thank you, Atty., KD for never lapsing a class with us.
I recommend allotting a session where there will only be discussions
and to be calmer in times where students cannot answer properly.
