Given exam Flashcards
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)
In a rape case, jurisdiction is conferred by
Law
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)
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
Is a mandatory file search of laptops of the parting passengers at airports reasonable?
No, Depends
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
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
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
- Homeowner
- Members of the family of sufficient age and discretion
- Responsible members of the community
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.
The right against self-incrimination covers testimonial compulsion only.
Partly True
Exceptions:
Graft and corruption cases
What determines jurisdiction in criminal cases?
Subject Matter?
The territorial unit where the power of the court to be exercise?
Venue
The power and authority to hear and decide the case
Jurisdiction
Validity of warrant of arrest expires
Does not expires
The duty of the prosecution to present evidence to prove the guilt of an accused
1
When can arrest be made
Anytime of the day and night
Flagrante delicto
Hot pursuit
Arrest of fugitive
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
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.”
Even if the offended party is a minor, she can initiate the prosecution for the crime of seduction. This statement is.
True
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)
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?
- Provincial or city prosecutors and their assistants
- National and Regional State prosecutors
- COMELEC with respect to election offenses
- Ombudsman with respect to Sandiganbayan offenses and other offenses committed by public officers
- 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
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
The security given for the temporary release of person in the custody of the law
Bail
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
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]
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]
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
- 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.
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
In an open court the accused stated that he killed the victims in self-defense.
Judicial admission
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
- 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).
- 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.
A negative paraffin result is not conclusive proof that the person has not fired a gun.True or False or partly
True
A negative paraffin test result is not conclusive proof that a person has not fired a gun.
Which of the following is FALSE
Object evidence is
real evidence Demonstrative evidence Autoptic evidence Physical evidence (votgo) Evidence of highest order
Which of the following statement is correct.
A. An extrajudicial confession is disputably presumed valid.
B. An extrajudicial confession is an evidence
C.both of the above (A and B)
D. None of the above (A and B)
D. None of the above
A judicial admission, verbal or written made by a party in the course of judicial proceeding does not require proof. True or False or Partly
Partly true
SAME CASE
Partly True
Section 4. Judicial admissions.An admission, verbal or written, made by a party in the course of the proceeding in the same case, does not require proof. The admission may be contradicted only by showing that it was made through palpable mistake or that no such admission was made.
The RTC can take judicial notice, the rape may be committed even in public places”public setting” of the rape is not an indication of consent. A man overcome by perversity and beastly passion chooses neither time, place occasion nor victim. True or False, Partly.
True
Which of the following facts need not be prove.
Mandatory (9)
A court shall take judicial notice, without the introduction of evidence, of the
1. existence and territorial extent of states
2. their political history,
3. forms of government and symbols of nationality,
4. the law of nations,
5. the admiralty and maritime courts of the world and their seals,
6. the political constitution and history of the Philippines,
7. the official acts of the legislative, executive and judicial departments of the Philippines,
8. the laws of nature,
9. the measure of time, and the geographical divisions. (1a)
Discretionary
A court may. take judicial notice of matters which are of
1.public knowledge, or
2. are capable of unquestionable demonstration, or
3. ought to be known to judges because of their judicial functions. (1a)
Rule 129 What Need Not Be Proved
SECTION 1. Judicial notice, when mandatory. — A court shall take judicial notice, without the introduction of evidence, of the existence and territorial extent of states, their political history, forms of government and symbols of nationality, the law of nations, the admiralty and maritime courts of the world and their seals, the political constitution and history of the Philippines, the official acts of the legislative, executive and judicial departments of the Philippines, the laws of nature, the measure of time, and the geographical divisions. (1a)
SECTION 2. Judicial notice, when discretionary. — A court may. take judicial notice of matters which are of public knowledge, or are capable of unquestionable demonstration, or ought to be known to judges because of their judicial functions. (1a)
SECTION 3. Judicial notice, when hearing necessary. — During the trial, the court, on its own initiative, or on request of a party, may announce its intention to take judicial notice of any matter and allow the parties to be heard thereon.
After the trial, and before judgment or on appeal, the proper court, on its own initiative or on request of a party, may take judicial notice of any matter and allow the parties to be heard thereon if such matter is decisive of a material issue in the case.(n)
SECTION 4. Judicial admissions. — An admission, verbal or written, made by a party in the course of the proceedings in the same case, does not require proof. The admission may be contradicted only by showing that it was made through palpable mistake or that no such admission was made. (2a)
Which of the following statements is true?
a. Evidence admitted has probative value
b. Evidence not admitted has no probative value
c. Evidence admitted has no probative value
d. Evidence not admitted has probative value
e. Evidence admitted may or may not have probative value
a. Evidence admitted has probative value
All the essential elements of crime is made up of:
a. Evidence
b. Disputable presumptions
c. Conclusive presumption
d. Evidence and disputable presumptions
e. Evidence and conclusive presumptions
Evidence and disputable presumption
The testimony of a single witness
a. Is never credible
b. Is always credible
c. Can be credible only if corroborated
d. May be believe even if not corroborated
d. May be believe even if not corroborated (ex. Child victims in rape cases)
All except one of the following is hearsay.
a. An affidavit of a witnesses to the execution to a document who was not presented as a witness in the trial
b. The testimony of the building owner founded in the record prepared according to the verbal statements of his employees.
c. The testimony of a complaint regarding text messages he received from the accused.
d. The testimony of a police inspector that he received information that there were several gambling houses in a town among them the suspect house.
c. The testimony of a complaint regarding text messages he received from the accused.
The police sought a questioning in connection with the killing of a victim. A was seen wearing a bloodstained shirt during an interrogation. A was not assisted by counsel, A admitted his guilt and surrendered the knife he used to commit the crime. What pieces of evidence is/are admissible?
a. The bloodstained shirt
b. The knife
c. A’s judicial confession
d. All of the above
e. None of the above
e. None of the above
X was charged of robbery with rape. X subsequently testified on direct examination. In what matters may the prosecution cross examine X.
a. Matters involving the alleged rape?
b. Matters involving only touched by X on direct examination.
c. Matters involving X and the relevant matters.
d. All of the above
Matters involving only touched by X on direct examination.
Tender of excluded evidence can be made
a. Only during the direct examination
b. Only during the cross examination
c. At any stage of the examination of a witnesses
d. None of the above
c. At any stage of the examination of a witnesses
Evidence to be credible must
a. Come from credible lips alone
b. Be credible in itself
c. Come from credible lips and must credible in itself
d. Come from a child
c. Come from credible lips and must credible in itself
When the essential element of drug pushing cannot be prove, intent is enough to make the offender liable for attempt under section 26 of RA 9165. What intent is NOT included.
Section 26. Attempt or Conspiracy. – Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the same as provided under this Act:
(a) Importation of any dangerous drug and/or controlled precursor and essential chemical;
(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical;
(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and
(e) Cultivation or culture of plants which are sources of dangerous drugs.
Illegal possession of paraphernalia, when one or any turns positive for the use of dangerous drugs after confirmatory test, is \_\_\_\_ evidence of drug use. A. Prima facie B. Clear and convincing C. Substantial D. All of the above
- Prima Facie
One of the following is not element of carnapping
A. Actual taking
B. Of motor vehicle
C. Belonging to another
D. With intent to gain
E. After the motor vehicle is entrusted to another
F. Without the consent of the owner or by means of VAIP or FUT
E. After the motor vehicle is entrusted to another
Under section 20 of RA 9344, if the parents, guardians or nearest relatives cannot be located or if they refuse to take custody the child in conflict with the law may not to be release by the following:
A. Duly registered NGO or religious organization.
B. Barangay official or member of Barangay Council for the protection of children
C. The DSWD
D. The mayor of the place where the child in conflict with the law resides
D. The mayor of the place where the child in conflict with the law resides
SEC. 20. Children Below the Age of Criminal Responsibility. - If it has been determined that the child taken into custody is fifteen (15) years old or below, the authority which will have an initial contact with the child has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child’s nearest relative. Said authority shall give notice to the local social welfare and development officer who will determine the appropriate programs in consultation with the child and to the person having custody over the child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the following: a duly registered nongovernmental or religious organization; a barangay official or a member of the Barangay Council for the Protection of Children (BCPC); a local social welfare and development officer; or when and where appropriate, the DSWD. If the child referred to herein has been found by the Local Social Welfare and Development Office to be abandoned, neglected or abused by his parents, or in the event that the parents will not comply with the prevention program, the proper petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree No. 603, otherwise ,known as “The Child and Youth Welfare Code”.
RA 7438, has expanded the right to counsel of an arrested person, which right is not included in the expansion. A. Right to competent counsel B. Right to independent counsel C. Right to free counsel D. All of the above
C. Right to free counsel
In what crime is illegal possession or use of unlicensed Firearm not absorb as an element A. Robbery B. Subversion C. Insurrection D. Rebellion
Robbery
Which among the following is not violence under RA 9262? A. Economic B. Psychological C. Sexual D. Physical E. None of the above
Sexual
Stalking under RA 9262 is the intentional act of a person who knowingly and without lawful justification.
A. Follows a woman or her child
B. Places the woman or her child under direct surveillance
C. Places the woman or her child under indirect surveillance
D. All of the above
D. All of the above
Under RA 9262, damage to property is: A. Physical violence B. Sexual violence C. Psychological violence D. Economic violence
Psychological violence
Receiving services from a child in a massage parlor is: A. Child pornography B. Attempted child pornography C. Child trafficking D. Attempted child trafficking E. All of the above
Attempt of child prostitution
RA 7610
Buying and selling of children is:
Child trafficking
Using a street child for begging violate A. RA 9208 - Anti-Trafficking in Persons Act of 2003 B. RA 9262 C. RA 7610 D. None of the above
RA 7610
An owner or manager of a hotel who allows any person to take along with him to such place a minor is liable under: A. RA 9208 B. RA 9262 C. RA 7610 D. None of the above
RA 7610
Which among the following is not an exemption to the rule that law enforcers can listen on record of any communication of a terrorist Group A. Lawyers and clients B. Doctors and patients C. Priest and penitent D. Journalist and their sources E. Confidential business correspondent
C. Priest and penitent
Provided, That surveillance, interception and recording of communications between lawyers and clients, doctors and patients, journalists and their sources and confidential business correspondence shall not be authorized.
To recruit a child to engage in armed activities violates A. RA 7610 B. RA 9262 C. RA 9208 -Anti- trafficking D. RA 93 Anti-Terrorism Law
C. RA 9208 -Anti- trafficking
To recruit a person by means of deceit for the purpose of removal or sale of organs
A. RA 7610 Anti- Child Abuse Law
B. RA 9262 Anti-violence against Women and their children
C. RA 9208 Anti- Human Trafficking
D. None of the above
C. RA 9208 Anti- Human Trafficking
When a person is recruited to engage in prostitution with any member of the police force, the crime is A. Qualified prostitution B. Qualified trafficking C. Anti-sexual harassment D. All of the above
B. Qualified trafficking
If a person were charge under the anti-hazing law shall not be entitled to the mitigating circumstance of A. Error in personae B. Abberratio Ictus C. PRAETER intentionem D. Mistake of the law
PRAETER intentionem
Taking photo or video coverage of sexual act or capturing a image of persons private area is punish under the anti-photo and video voyeurism act of 2009, RA 9995. What private parts is excluded
Thigh
Organizing tourist packages for sexual exploitation
A. RA 9262
B. RA 9208
C. RA 7610
D. None of the above
RA 9208
Anti trafficking in person act of 2003
