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]