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1

When is the preliminary investigation is required?

For offenses where the penalty prescribed by law is atleast 4 years, 2 months and 1 day (or Prision Correccional in its medium period) without regard to fine. (Rule 112, Sec. 1 para 2)

2

In a rape case, jurisdiction is conferred by

Law

3

When is the accused allowed to file a motion to quash

Suspend arraignment and file motion to quash


At any time before entering the plea, the accused may move to quash the complaint or information ( Sec. 1, Rule 117)

4

If the prosecutor made an unfavorable resolution of a complaint in an preliminary investigation or inquest investigation, where can the accused file petition of review of the said resolution?

Secretary of Justice within 15 days from the time of receipt of resolution

5

Is a mandatory file search of laptops of the parting passengers at airports reasonable?

No, Depends

6

X is a notorious criminal killed Y. Moments later, W reported the killing to the police, knowing X personally, police Juan Dela Cruz swiftly arrested X by his lonesome. Is the arrest lawful?

No, because the arrest must be accompanied by a witness

7

While on police mobile patrol, police officers A and B sighted C stabbing E to death, A and B chased C who barge into the house of E. A and B entered the house of E where they found one kilo of Shabu . A and B arrested C. A and B also arrested E for drug possession and took the one kilo of shabu to the police station without a search warrant. Did A and B violate the rule on criminal procedure?

No, Search in the incident of lawful arrest in plain view doctrine
Hot pursuit

8

Police officers A, B, C, D and E implemented a valid search warrant in the house of X who was then out of the country. The five police officers found the 13 years old son of X and the family cook, so they decided to invite the Brgy. Chairman and the president of the home owner association to witness the implementation of the search warrant. What felony if any did the police officers commit.

None

Art 130. Searching Domicile without witnesses

1. Homeowner
2. Members of the family of sufficient age and discretion
3. Responsible members of the community

9

A and B lawfully apprehend C without a warrant which among the following is improper.

Identify yourself
Inform the cause of arrest
Miranda doctrine should be done not during the apprehension but during the booking

Rule 113
Section 8

Sec. 8. Method of arrest by officer without warrant. – When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission, has escaped, flees, or forcibly resists before the officer has opportunity to so inform him, or when the giving of such information will imperil the arrest.

10

The right against self-incrimination covers testimonial compulsion only.

Partly True

Exceptions:
Graft and corruption cases

11

What determines jurisdiction in criminal cases?

Subject Matter?

12

The territorial unit where the power of the court to be exercise?

Venue

13

The power and authority to hear and decide the case

Jurisdiction

14

Validity of warrant of arrest expires

Does not expires

15

The duty of the prosecution to present evidence to prove the guilt of an accused

1

16

When can arrest be made

Anytime of the day and night

Flagrante delicto
Hot pursuit
Arrest of fugitive

17

The following are the pre-requisites before a court can validly exercise jurisdiction.

Jurisdiction over the person of the accused
Jurisdiction over the territory
Jurisdiction over the subject matter

18

The MTC shall exercise exclusive original jurisdiction over-all offenses punishable with imprisonment.

Imprisonment not exceeding 6 years


Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding six (6) years irrespective of the amount of fine, and regardless of other imposable accessory or other penalties, including the civil liability arising from such offenses or predicated thereon, irrespective of kind, nature, value or amount thereof: Provided, however, That in offenses involving damage to property through criminal negligence, they shall have exclusive original jurisdiction thereof."

19

Even if the offended party is a minor, she can initiate the prosecution for the crime of seduction. This statement is.

True

20

The wife dies before she could institute a criminal action for concubinage against her husband and his concubine. The case may...

Dismiss

“It is significant that while the State, as parens patriae, was added and vested by the 1985 Rules of Criminal Procedure with the power to initiate the criminal action for a deceased or incapacitated victim in the aforesaid offenses of seduction, abduction, rape and acts of lasciviousness, in default of her parents, grandparents or guardian, such amendment did not include the crimes of adultery and concubinage. In other words, only the offended spouse, and no other, is authorized by law to initiate the action therefor.” (Pilapil v. Ibay-Somera, G.R. No. 80116, 30 June, 1989)

21

Who among the following is not authorize to conduct preliminary investigation

*who may conduct preliminary investigation

Sec. 2. Officers authorized to conduct preliminary investigations. – The following may conduct preliminary investigations:

(a) Provincial or City Prosecutors and their assistants;

(b) Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;

(c) National and Regional State Prosecutors; and

(d) Other officers as may be authorized by law.

Their authority to conduct preliminary investigations shall include all crimes cognizable by the proper court in their respective territorial jurisdictions.

WHO MAY CONDUCT PRELIMINARY INVESTIGATIONS?
1. Provincial or city prosecutors and their assistants
2. National and Regional State prosecutors
3. COMELEC with respect to election offenses
4. Ombudsman with respect to Sandiganbayan offenses and other offenses committed by public officers
5. PCGG with respect to ill-gotten wealth

CAN RTC JUDGES CONDUCT PRELIMINARY INVESTIGATIONS?
> No, but this should not be confused with the authority of the RTC to conduct an examination for the purpose of determining probable cause when issuing a warrant of arrest

22

The adjudication by the court that the accused is guilty or not guilty and the imposition of the proper penalty and civil liability provided by...

Judgement

23

The security given for the temporary release of person in the custody of the law

Bail

24

Criminal intent is presumed from performance of an unlawful act. What kind of presumption is this?

Disputable presumptions

III. Classification:
Praesumption Legis: these are presumptions which the law directs to be made by the court

a). Juris tantum- or prima facie, rebuttable or disputable presumption or those which may be overcome or disproved

b). Juris et de Jure: conclusive or those which the law does not allow to be contradicted

c). Statutory and Constitutional



Praesumption Hominis ( Fact) these are presumptions which may be made as a result of the mental processes of inductive or deductive reasoning from a fact

25

Who among the following may prove the handwriting of a person in an open court

Opinion of an expert witness
Opinion of ordinary witness

The RTC was chided for not applying Section 22 of Rule 132 of the Rules of Evidence, which provided in clear terms how handwriting must be proved. It was pointed out that the Rule required that the handwriting of a person be proved by any witness who believes it to be the handwriting of such person because he has seen the person write, or has seen writing purporting to be his upon which the witness has acted or been charged, and has thus acquired knowledge of the handwriting of such person.[11]

26

Should entries in the police blotter be given probative value? Yes or No or partly

No!xxx [T]he entries in the police blotter should not be given significance or probative value, as they do not constitute conclusive proof of the truth thereof. These entries are usually incomplete and inaccurate, as [s]ometimes they are taken from either partial suggestion or inaccurate reporting and are hearsay, untested in the crucible of a trial on the merits.[18]

27

Even there is no evidence and no witness at all against him, the suspect bothered by his conscience surrendered to the police and freely, willfully and voluntarily confess his guilt in writing. Can the police arrest him? Yes or no or partly

Not
Requirement of the presence of corpus delicti
In writing assisted by counsel preferably by his own choice

3. evidence consisting of extra-judicial confessions which are uncounselled, or when the confessant was not properly informed of his constitutional rights, or when the confession was coerced

Custody
While in custody, suspects can give sworn statements but these must be made in writing. PNP personnel must also make sure that the sworn statement has been explained to the suspect before it is signed.

Sworn statements must be signed in the presence of counsel, or if a lawyer is not available, "in the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, priest, imam or religious minister chosen by him."

Without those factors, extrajudicial confessions and sworn statements are inadmissible in court, the PNP procedural manual says.

"After interrogation, the person under custodial investigation shall have the right to be informed of his right to demand physical examination by an independent and competent doctor of his own choice," the manual also says.

Suspects also have the right to be visited by immediate family, medical doctors, religious leaders, and representatives of accredited non-government organizations.

28

A police officer testified in court on direct examination. Subsequently, he refused without justifiable reason to be crossed examined. The remedy of the counsel to the accuse is to motion the judge to arrest the Police Officer so he can be examined. Yes or no or partly

No/wrong
The remedy of the defense counsel is to file a motion to strike out the testimony of police officer

29

In an open court the accused stated that he killed the victims in self-defense.

Judicial admission

30

An offer of compromise in criminal cases is an implied admission of guilt. True or False or partly

Partly True
But also not, as Good Samaritan Rule

Offer of compromise in criminal cases

1. An offer of compromise by the accused may be received in evidence as an implied admission of guilt. However, the accused may be permitted to prove that such offer was not made under consciousness of guilt but to avoid the risks of criminal actions against him (US vs. Maqui, 27 Phil 97).

Example: Although the marriage of the accused in a rape case extinguishes the penal action (Art. 344, RPC, Alonto vs. Savellano, Jr., 287 SCRA 245), an offer of marriage is, generally speaking, an admission of guilt (People vs. Bulos, G.R. No. 123542, June 26, 2001).

2. There is no implied admission of guilt if the offer of compromise is in relation to

(a) quasi-offenses (criminal negligence); or

(b) in those cases allowed by law to be compromised (e.g. BIR can compromise tax cases. Sec. 204 RA 8424)



An offer of promise in criminal cases in an implied admission of guilt.