Criminal Procedure - Removal Exam - True or False

Question 1

Preliminary investigation may be conducted ex parte if the respondent cannot be arrested.

Answer 1

FALSE. A preliminary investigation can be conducted ex parte only in two instances:
1. if the respondent cannot be served with a subpoena
2. if the respondent is served a subpoena but he doesn’t file a counter-affidavit

Question 2

The purpose of bail is to guarantee the appearance of the accused in court for the promulgation of judgment of conviction.

Answer 2

FALSE. The purpose of bail is to guarantee the appearance of the accused in court whenever required by the court or the Rules of Court.

Question 3

If the accused desires to be released on recognizance, application therefor may be filed with any court of the city, province, or municipality where the accused actually resides.

Answer 3

FALSE. The accused must file his application in the court where the case is pending.

Question 4

The Secretary of Justice has authority to review the decisions of the municipal trial courts in criminal cases.

Answer 4

False. The Secretary of Justice has the authority to review the resolutions of prosecutors.

Question 5

When a judgment of conviction becomes final after the expiration of the period to appeal, the accused may still be allowed to post bail.

Answer 5

No, Generally, no bail is allowed after finality of Judgment of Conviction except when the accused applies for probation.

Question 6

an information for homicide is filed against the accused in the regional trial court and the accused has already pleaded to the charge, the prosecution may still amend the information to allege nighttime as an aggravating circumstance provided there is leave of court.

Answer 6

True

Question 7

The offended party may institute a separate civil action for the recovery of civil liability arising from quasi delict even if he has not reserved his right to institute it separately

Answer 7

False. Only possible for delicts

Question 8

If the criminal action has already been filed in court, a motion for its suspension on grounds of prejudicial question may be filed at any time before the prosecution rests.

Answer 8

True

Question 9

The criminal action for slight physical injuries may also be instituted by filing the complaint with municipal trial court.

Answer 9

True.

Question 10

The complaint or information must be filed against all persons who appear to be responsible for the offense involved.

Answer 10

True

Question 11

A motion to quash is required to be under oath.

Answer 11

FALSE. Section 2, Rule 117 merely requires that the motion to quash must be in writing and signed by the accused or his counsel. No requirement that it must be sworn to (unlike in complaint).

Question 12

Within ten days from the filing of the information, the RTC judge shall issue the warrant of arrest against the accused if he finds probable cause after personally evaluating the resolution filed by the prosecutor and other supporting evidence.

Answer 12

True — When warrant of arrest may issue. — (a) By the Regional Trial Court. — Within ten (10) days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence

Question 13

Arrest is lawful when a person is taken into custody on the strength of a subpoena.

Answer 13

False. As a rule, arrest is lawful when a person is taken into custody on the strength of a warrant of arrest

Question 14

Bail is a matter of right before a judgment of conviction by the regional trial court of an offense punishable by death, reclusion perpetua, or life imprisonment and the evidence of guilt against the accused is not strong.

Answer 14

True

Question 15

The cancellation of bail based on the acquittal of the accused requires an application of the bondsmen and notice to the prosecutor.

Answer 15

False. Bail is automatically canceled upon acquittal of the accused. No need for application or notice.

Question 16

Preliminary investigation may be conducted ex parte if the respondent cannot be arrested.

Answer 16

False. A preliminary investigation can be conducted ex parte only in two instances:
1. if the respondent cannot be served with a subpoena
2. if the respondent is served a subpoena but he doesn’t file a counter-affidavit

Question 17

The purpose of bail is to guarantee the appearance of the accused in court for the promulgation of judgment of conviction.

Answer 17

FALSE. The purpose of bail is to guarantee the appearance of the accused in court whenever required by the court or the Rules of Court.

Question 18

If the accused desires to be released on recognizance, application therefor may be filed with any court of the city, province, or municipality where the accused actually resides.

Answer 18

False. The accused must file his application in the court where the case is pending.

Question 19

Preliminary investigation is required for offenses punishable by imprisonment of at least 4 years, 2 months, and 1 day without regard to the amount of the fine.

Answer 19

True

Question 20

The accused cannot file a counterclaim against the complainant in the same criminal case because the remedy of the accused is to file a separate civil action to litigate his cause of action which could have been the subject of his counterclaim.

Answer 20

True - Section 1, Rule 111. xxx No counterclaim, cross-claim or third-party complaint may be filed by the accused in the criminal case, but any cause of action which could have been the subject thereof may be litigated in a separate civil action. xxx

Question 21

A previously filed civil action that raises a prejudicial question may be suspended by the court motu proprio whenever the criminal action is subsequently filed.

Answer 21

FALSE. The accused must file a petition for suspension of the criminal action. The judge is not permitted to suspend the case outright on the ground of a previously instituted civil action constituting a prejudicial question.

Question 22

An information is required to be under oath.

Answer 22

False — It is the complaint that is required to be under oath because as per the definition of complaint (Sec. 3, Rule 110), it 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.

Question 23

Qualifying or aggravating circumstances proven during the trial but are not alleged in the complaint or information may be considered by the court in the imposition of the penalty.

Answer 23

False — Qualifying or aggravating circumstances must be alleged in the complaint or information before it can be considered by the court in the imposition of the penalty

Question 24

Substantial amendment of a complaint or information may be made as a matter of right after the accused has entered a plea.

Answer 24

False — Substantial amendment of a complaint or information may be made as a matter of right before the accused enters a plea.

After the plea, the only amendment that can be made is a formal one, and it must be with leave of court.

Question 25

When a criminal action is instituted, the civil action to recover civil liability based on Art. 2176 of the Civil Code is deemed instituted with the criminal action.

Answer 25

False — The civil action to recover civil liability based on Art. 2176 of the Civil Code is not deemed instituted with the criminal action without any reservations.

Question 26

An accused who is acquitted on reasonable doubt cannot be held civilly liable as this would be inconsistent with his acquittal.

Answer 26

FALSE. The evidence required in civil cases is merely preponderance of evidence and not proof beyond reasonable doubt. Preponderance of evidence is lower than proof beyond reasonable doubt . The same evidence, which led to the acquittal of the accused in the criminal case, may still cause the accused to be civilly liable.

Question 27

An accused who claims to have been unlawfully arrested but who files bail is deemed to have waived his right to challenge the validity of his arrest.

Answer 27

False — An application for or admission to bail shall not bar the accused from challenging the validity of his arrest or the legality of the warrant issued therefor, or from assailing the regularity or questioning the absence of a preliminary investigation of the charge against him, provided that he raises them before entering his plea. (Section 26, Rule 114)

Question 28

An inquest may also be conducted by the court in a valid warrantless arrest.

Answer 28

False — An inquest is conducted by a inquest prosecutor. Inquest is defined as 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. The inquest serves to determine whether said persons should remain under custody and correspondingly be charged in court.

Question 29

The court has the discretion to require that the bail be posted in cash.

Answer 29

False — Under Rule 114, bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance. The court has no discretion to require that the bail be posted in cash only because the purpose of requiring bail is to relieve an accused from imprisonment until his conviction and yet secure his appearance at the trial. There should be no suggestion of penalty on the part of the accused nor revenue on the part of the government. (Almeda v. Villaluz, 66 SCRA 38)

Question 30

A person undergoing extradition proceedings may be granted bail provided he can demonstrate by substantial evidence that he is not a flight risk.

Answer 30

False — The extraditee must show by clear and convincing evidence that: 1. he is not a danger to the community; and 2. he is not a flight risk.

Question 31

Offenses involving damage to property through criminal negligence fall within the exclusive original jurisdiction of the regional trial court.

Answer 31

False — RA 7691 provides that in offenses involving damage to property through criminal negligence, Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall have exclusive original jurisdiction thereof.

Question 32

The Sandiganbayan has jurisdiction to try drug cases involving high-ranking government officials provided they commit these offenses in relation to their office.

Answer 32

TRUE. For Sandiganbayan to acquire jurisdiction: 1. the offender must be in Section 4 of R.A. 106602; and 2. he commits any offenses, either simple or complexed with other crimes) in relation to his office.

Question 33

As a rule, an information must allege the exact date of the commission of the offense.

Answer 33

False, an approximate date is sufficient, except when the date is an essential element to the offense

Question 34

Under R.A. No. 3019, the Sandiganbayan may order the indefinite preventive suspension of a government official provided it has found the information valid through a pre-suspension hearing.

Answer 34

False — Preventive suspension may not be of indefinite duration or for an unreasonable length of time. It would be constitutionally proscribed otherwise as it raises, at the very least, questions of denial of due process and equal protection of the laws. Preventive suspension may not exceed the maximum period of ninety (90) days in consonance with Presidential Decree No. 807 (the Civil Service Decree), now Section 52 of the Administrative Code of 1987. (G.R. No. 124067)

Question 35

Substitution of an information requires leave of court.

Answer 35

True — Substitution is always done with leave of court since it involves the dismissal of the original complaint.

Question 36

The general rule is that the extinction of the penal action carries with it the extinction of the civil action.

Answer 36

False — The extinction of the penal action does not carry with it extinction of the civil action (general rule). However, the civil action based on delict shall be deemed extinguished if there is a finding in a final judgment in the criminal action that the act or omission from which the civil liability may arise did not exist (Section 2, Rule 111).

Question 37

The accused may file a motion for judicial determination of probable cause within ten days from the filing of the information in court.

Answer 37

FALSE. As per AM No. 15-06-10-SC, a “Motion for Judicial Determination of Probable Cause” is now prohibited.

Question 38

A warrant of arrest is valid only for a period of ten days from its date of issue.

Answer 38

False — A warrant of arrest has no expiration date.

Question 39

A warrant of arrest is not required in arrest made after an entrapment.

Answer 39

TRUE. An arrest made after an entrapment does not require a warrant inasmuch as it is considered a valid warrantless arrest pursuant to Rule 113, Section 5(a) of the Rules of Court. Any search resulting from a lawful warrantless arrest is valid because the accused committed a crime in flagrante delicto, that is, the person arrested committed a crime in the presence of the arresting officers. (Teodosio v. CA, et al., G.R. No. 124346, June 8, 2004)

Question 40

The court has no authority to require the appearance of the accused in court because the accused can waive his right to be present.

Answer 40

False, the court has the authority to require the appearance of the accused in court because the accused can waive his right to be present.

Question 41

The right to be presumed innocent means that the accused cannot be compelled to testify against himself.

Answer 41

FALSE. The right against self-incrimination means that the accused cannot be compelled to testify against himself.

Question 42

A criminal information may not be filed in court without the approval of the City or Provincial Prosecutor.

Answer 42

True

Question 43

A search warrant may be issued by the court in special proceedings.

Answer 43

False. A search warrant is only applicable in criminal proceedings.

Question 44

A court’s order dismissing a criminal case upon motion of the accused who invokes his right to a speedy trial is appealable.

Answer 44

False. A court’s order dismissing a criminal case upon motion of the accused who invokes his right to a speedy trial amounts to an acquittal and cannot be appealed.

Question 45

A provisional dismissal of a criminal case operates as an acquittal.

Answer 45

False, a provisional dismissal of a criminal case does not operate as an acquittal because the case can be revived within 1 or 2 years depending on the penalty.

Question 46

Among the matters to be taken up at the pretrial of a criminal case is the possibility of an amicable settlement between the accused and the complainant.

Answer 46

False. Rule 118 does not provide for amicable settlements to be the matters to be taken up during pre-trial

Question 47

When may the order of the trial be modified?

Answer 47

The order of the trial may be modified if, at the pretrial, the accused admits the charge but interposes a lawful defense (Justifying and Exempting Circumstances).

Question 48

In a criminal case, the pretrial cannot be conducted if the complainant fails to appear because of lack of notice.

Answer 48

False, it can be conducted provided that the prosecutor and the counsel for defense is present in court

Question 49

If the witness for the prosecution has to leave the Philippines with no fixed date of returning, he may be conditionally examined before any judge of the city or municipality where he actually resides.

Answer 49

False. He may only be conditionally examined before any judge of the city or municipality where the case is pending.

Question 50

The order of the court discharging an accused to be utilized as a state witness operates as an acquittal

Answer 50

TRUE.

Question 51

A person who has participated in the commission of the crime cannot be admitted into the witness protection program.

Answer 51

False — A person who has participated in the commission of the crime can be admitted into the witness protection program.

Question 52

In transactional immunity, a witness is assured that he cannot be prosecuted for any offense arising out of the act or transaction to which his testimony relates.

Answer 52

TRUE

Question 53

The accused may file a demurrer to evidence after the prosecution rests its case.

Answer 53

True, because that is when the presentation of evidence is done and there are no more witnesses to call.

Question 54

An accused who files a demurrer to evidence without leave of court does not waive his right to present evidence.

Answer 54

False, an accused who files a demurrer without leave of court waives his right to present evidence and submits the case for judgment by the court on the basis of the evidence that was presented by the prosecution.

Question 55

The order of the court granting demurrer to evidence is appealable.

Answer 55

False, the order granting the demurrer to evidence amounts to an acquittal and an acquittal cannot be appealed.

Question 56

An accused may be convicted of the offense proved even if it is not the offense charged provided the offense proved is necessarily included in the offense charged.

Answer 56

True

Question 57

A judgment of conviction may be promulgated in the absence of the accused who fails to appear despite due notice.

Answer 57

True

Question 58

The clerk of court may promulgate the judgment when the judge is absent

Answer 58

True

Question 59

The judgment must be promulgated during the incumbency of the judge who signed the judgment

Answer 59

True

Question 60

The judgment imposing the penalty of reclusion perpetua becomes final after the lapse of the period for perfecting an appeal and no appeal was taken therefrom

Answer 60

True.

Question 61

When a judgment of conviction becomes final and executory, the trial court has the ministerial duty to execute the penalty of imprisonment or fine even if no motion for execution is filed.

Answer 61

True.

Question 62

The court at its instance but with the consent of the accused may grant a new trial at any time before a judgment of conviction becomes final.

Answer 62

False, only an accused may move for new trial before Judgment of Conviction becomes final.

Question 63

Errors of law or fact in the judgment is one of the grounds for new trial.

Answer 63

False — Only errors of law.

Question 64

The offended party may appeal from a judgment rendered in a criminal case but only as to the civil aspect thereof.

Answer 64

TRUE

Question 65

The appeal of the offended party from the civil aspect of the case shall not affect the criminal aspect of the judgment being appealed from.

Answer 65

TRUE

Question 66

Upon perfection of the appeal, the execution of the judgment is stayed as to the accused who has appealed.

Answer 66

True

Question 67

Appeal from the judgment of the regional trial court exercising appellate jurisdiction is to the Court of Appeals by means of a notice of appeal to be filed with the regional trial court that rendered the judgment being appealed from

Answer 67

False - the proper remedy is petition for review.

Question 68

A party may withdraw his appeal as a matter of right before the filing of the appellee’s brief.

Answer 68

True

Question 69

The appeal filed by the accused is deemed abandoned if he flees to a foreign country during the pendency of the appeal.

Answer 69

True

Question 70

Habeas corpus is available as a post-conviction remedy if the accused was deprived of his right against self-incrimination during the trial.

Answer 70

True

Question 71

A petition for habeas corpus may be filed by the prosecution if the result of the post-conviction DNA testing is favorable to the convict.

Answer 71

True

Question 72

A petition for habeas corpus may be filed by the prosecution if the result of the post-conviction DNA testing is favorable to the convict.

Answer 72

False - the proper is a petition for review on certiorari

Question 73

A petition for review filed with the Court of Appeals may raise pure questions of law.

Answer 73

False - questions of law and facts.

Question 74

The prosecution may appeal from an order dismissing a criminal case provided such appeal will not place the accused in double jeopardy.

Answer 74

True

Question 75

A motion for new trial based on newly discovered evidence may be filed even after the judgment of conviction has become final provided such evidence was discovered only after the trial.

Answer 75

False - it must be before Judgment of conviction becomes final.

Question 76

Post-conviction DNA testing is available even without need of prior court order.

Answer 76

TRUE

Question 77

In a criminal case for homicide, the promulgation of judgment may be made by reading it in the presence of counsel if the accused fails to appear despite notice to him

Answer 77

TRUE

Question 78

A judgment of conviction must state the penalty imposed upon the accused.

Answer 78

True

Question 79

A judgment in a criminal case may be signed by the clerk of court if the judge is absent.

Answer 79

FALSE- CANNOT BE SIGNED, BUT CAN READ THE PROMULGATION

Question 80

A demurrer to evidence may also be filed by the prosecution.

Answer 80

False - only the accused may file a demurrer to evidence

Question 81

The presence of the offended party is not required at the pretrial of a criminal action

Answer 81

TRue - providede prosec and defense are present

Question 82

A criminal action may be dismissed provisionally even for no reason at all.

Answer 82

True - WHILE MOTION TO QUASH CAN ONLY BE FILED FOR THE SPECIFIC GROUNDS MENTIONED IN RULE 117, PROVISIONAL DISMISSAL MAY BE FILED FOR ANY REASON OR NO REASON AT ALL.

Question 83

A criminal action that is dismissed provisionally may be revived by mere motion of the prosecution before it is time-barred.

Answer 83

True.

Question 84

The accused may appeal from an order denying his motion to quash.

Answer 84

True

Question 85

An information filed by an unauthorized official is void from the beginning.

Answer 85

TRUE- AN INFORMATION MAY ONLY BE VALID IF IT IS FILED BY THE PROPER OFFICER WITH AUTHORITY TO DO SO

Question 86

As a general rule, the accused may move to quash the complaint or information at any time before he enters a plea

Answer 86

TRUE- BUT ONLY ON THE GROUNDS STIPULATED UNDER SEC 3 OF RULE 117

Question 87

The arraignment may be suspended if the accused appears to be suffering from an unsound mental condition.

Answer 87

TRUE- BECAUSE THE PURPOSE OF ARRAIGNMENT IS TO INFORM THE ACCUSED OF THE NATURE AND CAUSE OF THE ALLEGATIONS AGAINST HIM

Question 88

The remedy of the accused if the allegations in the information are vague or indefinite is to file a motion for a bill of particulars after entering a plea

Answer 88

False - proper remedy is file a motion to quash on the grounds that the facts charged do not consitute the offense.

Question 89

If the accused pleads guilty to a capital offense, the judgment may be promulgated immediately.

Answer 89

FALSE- judge conducts a searching inquiry if the accused understood the consequences of his plea Prosecution must present evidence to prove guilt Allow accused to present evidence to provide evidence if he so wishes

Question 90

The court may enter a plea of guilty for the accused if he refuses to plead.

Answer 90

FALSE- PLEA OF NOT GUILTY

Question 91

The accused may waive arraignment in multiple cases.

Answer 91

True

Question 92

If the accused testifies as a witness in his own behalf, he may be cross-examined only on matters covered by his direct examination.

Answer 92

TRUE- WHILE A WITNESS CAN BE ASKED BY ANY QUESTIONS SO LONG AS IT HAS A CONNECTION WITH THE CASE, AN ACCUSED TESTIFYING AS A WITNESS MAY ONLY BY CROSS EXAMINED ON MATTERS COVERED BY THE DIRECT EXAMINATION

Question 93

The court may issue an order of confiscation of his bond if the accused fails to appear in court for his arraignment.

Answer 93

Order of forfeiture False - bondsmen must produce body of accused Explain failure to appear Show cause why no final judgment should be issued against them

Question 94

An improvident plea, which is a plea of guilty based on a mistaken assumption or misleading information, may be withdrawn by the accused even after the finality of the judgment of conviction.

Answer 94

False must be made before finality of JoC

Question 95

A search warrant may not be issued unless there is already a criminal action pending in court

Answer 95

False - a prior criminal action is not needed for the issuance of a search warrant

Question 96

search warrant may also be issued by the Ombudsman.

Answer 96

False — A search warrant may only be issued by Judges

Question 97

The constitution prohibits all forms of searches and seizure without a search warrant

Answer 97

False - warrantless searches incidental to a valid warrantless arrest

Question 98

As a rule, a search warrant may be used more than once.

Answer 98

False - XP: Search Warrant not executed through no fault of peace officer

Question 99

A scatter-shot search warrant is void.

Answer 99

True A SEARCH WARRANT MUST BE SPECIFIC AND MUST ONLY CONTAIN 1 OFFENSE.

Question 100

An application for search warrant may also be filed with the City Prosecutor’s Office, provided no criminal action has yet been instituted in court.

Answer 100

False - only the court may issue a SW.

Question 101

In a search of a house or room pursuant to a search warrant, the two-witness rule applies when the lawful occupant thereof or a member of his family is absent.

Answer 101

FALSE- TWO WITNESS RULE IS ONLY APPLICABLE WHEN NEITHER THE HOUSE OCCUPANT OR MEMBER OF HIS FAMILY IS NOT PRESENT.