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SECTION III-B Set B

USST Colleges Department of Criminology Criminal Procedure III-A, B, C 1st Semester, A.Y. 2013-2014 FINAL EXAM 17 OCTOBER 2013 [SET B] Score: Part I - ___________ Part II - __________ Part III - _________ TOTAL: ___________

BY SIGNING YOUR NAME BELOW, YOU ATTEST THAT YOU READ THE INSTRUCTIONS AND THAT YOU WILL NOT CHEAT NOR AID YOUR CLASSMATE IN CHEATING ON THIS EXAM, AND THAT YOU UNDERSTAND THAT IF YOU ARE FOUND DOING SO, YOU MAY BE SUSPENDED OR EXPELLED FROM USST COLLEGES. NAME OF STUDENT: _________________________________________ SIGNATURE: _________________________________________

PART I. MULTIPLE CHOICE (3 points each) Read the facts carefully. Based on the facts given, choose the best answer. Write the letter of your answer in the blank provided. FACTS (Nos. 1-5):
Upon an Information filed with the Metropolitan Trial Court of Makati City, Accused Mr. Manilymille Melegriban was charged with homicide (punishable by reclusion perpetua to death) and unjust vexation alleged to have been committed in Tarlac City.

_______ 1.) The prosecution believes that the accused Melegriban should be charged with murder instead. The prosecution should: a.) b.) c.) d.) e.) File a motion to quash. File a motion for new trial. File an appeal. All of the above None of the above

_______ 2.) When should a Motion to Quash be filed:

a.) b.) c.) d.) e.)

Any time before accused Melegriban enters his plea. Within five (5) days after his arraignment. Ten (10) days after the case has been set for trial. All of the above None of the above

_______ 3.) The legal remedy of a Motion to Quash is available to: a.) b.) c.) d.) e.) The offended party only The accused only The accused and the offended party All of the above None of the above

_______ 4.) Based on the above facts, one of the grounds for the motion to quash to be filed is: a.) b.) c.) d.) e.) The court did not grant bail to the accused. More than one offense is charged in the Information. There was no preliminary investigation conducted. All of the above None of the above

) No. V was found guilty and therefore convicted of the crime.) The judgment does not specify the legal qualifications of the offense c.) Lack of jurisdiction over the offense The criminal liability has been extinguished The officer who filed the information had no authority to do so All of the above. _______ 8. V PARTIALLY GUILTY and is hereby sentenced to spend time in jail and to indemnify the victim.) Another ground to support the motion to quash is: a.) If the accused is correct and his Motion is granted.) d.) Based on your understanding of the definition and contents of a judgment of conviction what is wrong with the above judgment? a. the amount of ₱10.) c. because miscarriage of justice is a violation of the accused’s constitutional rights No.) c.) No. what should be the next step of the Court? a.) All of the above e. _______ 6. The dispositive portion of the judgment.) e. any ground in his Motion is a bar to future prosecution. None of the above. premises considered. and the judge finds out that accused Melegriban is really innocent based on reliable sources of information but these are not the grounds stated in the Motion. because under the Rules of Criminal Procedure._______ 5. X.850.” _______ 9. can he still grant the Motion to Quash? a. None of the above. None of the above. because only the ground of lack of jurisdiction over the offense charged may be considered by the judge It depends on whether or not the prosecution cannot prove that Melegriban is really innocent All of the above.) If your answers in Numbers 4 and 5 are wrong. c. the Court finds accused Mr.) None of the above . because the ground he used is not a bar to future prosecution b. FACTS (Nos.) If the Motion to Quash is granted based on your answer in Number 5.00.) The judgment does not specify the penalty imposed upon the accused d.) b.) Yes.) The judgment does not say whether the accused is guilty or not guilty b.) d. _______ 7. SO ORDERED.) b.) b. Mr. can he be charged with the same information in another court? a. because he is already acquitted d.) Dismiss the case for lack of jurisdiction Order the prosecution to amend the information The officer who filed the information had no authority to do so All of the above.) d. 9-13): In a criminal case for Serious Physical Injuries.) None of the above.) All of the above e.) Yes.) e.) c. reads: “WHEREFORE. Mr. which was promulgated on October 1.) e.

) All of the above e.) All of the above e.) after the lapse of the period for perfecting an appeal d.) Pre-Trial Agreement → Pre-Trial Order → Pre-Trial Conference c.) b. The appeal is: a. She believes that there was an irregularity in the proceedings.) the court may convict him of as many offenses as are charged and proved c. What should Mr.) Pre-Trial Conference → Pre-Trial Agreement → Pre-Trial Order d. the accused pleaded guilty to a lesser offense.) None of the above _______ 12. the judge ruled that the evidence found was inadmissible because it was obtained in violation of his constitutional rights.) Within the period to appeal Too early or premature to file an appeal Out of time to file an appeal All of the above None of the above _______ 11. in his Judgment convicted T based on that evidence.) When does the judgment of conviction against Mr.) c. the offended party was present.) c. 2014. pre-trial is mandatory in the Regional Trial Court. However.) the court may convict him only of the offense with the higher penalty b. the offended party and accused were present and represented by their lawyers. V filed his appeal on September 13. V become final? a.) b.) d. What is the proper order or sequence of the proceedings when a pre-trial is held? a.) all of the above e. c.) Not happy with his conviction. V file? a.) e. _______14.) Motion for New Trial Motion to Quash Demurrer to Evidence All of the above None of the above _______ 13.) During the trial of Mr. V. In the arraignment.) All of the above._______ 10. the judge. which is homicide.) None of the above .) In case the accused failed to object to or file a Motion to Quash against a single information charging 2 or more offenses: a.) the court may convict him of the offense with the lower penalty d. pre-trial is optional in the Regional Trial Court. d.) Yes.) none of the above FACTS (Nos.) Is pre-trial mandatory or required in the above case? a. 14-16): In the arraignment of a case for murder before the Regional Trial Court. Mr. e.) d.) The offended party wants to question the proceedings in the pre-trial. _______ 15. b.) No.) None of the above.) after 1 year from the date the judgment was promulgated c.) within 30 days from promulgation b. During the pre-trial.) It depends on the crime involved if pre-trial is mandatory the Regional Trial Court.) Pre-Trial Order → Pre-Trial Conference → Pre-Trial Agreement b.) e.

The applicable penalty is reclusion perpetua to death. rebuttal and sur-rebuttal evidence Prosecution. The court granted Jeffrey Rodriguez sixteen (16) days to prepare for trial.) In general. Defense. c.) b. His lawyer objected and asked for thirty (30) days. his right to a speedy trial has been violated. can Jeffrey Rodriguez have the case dismissed via a Motion to Quash? a. b. Jeffrey is about to go to trial after having completed the Pre-Trial stage. d.) c.) e.) None of the above. b. an oral agreement is valid since what is important is that the offended party and accused come to an agreement.) Within seven (7) days from receipt of the Pre-Trial Agreement Within fifteen (15) days from the date of the Pre-Trial conference Within thirty (30) days from receipt of the Pre-Trial Order All of the above None of the above _______19. rebutter.) No.) d. Prosecution. d.) Can the offended party and the accused enter into a Pre-Trial Agreement verbally or orally? a.) d. but the judge denied his request. it is enough that accused and counsel are present during the Pre-Trial for the oral agreement to be valid. violation of his right to a speedy trial is among the grounds of a Motion to Quash.) The Constitution and the Rules of Criminal Procedure provide that the accused has the right to a speedy trial.) c.) None of the above. when does trial begin for Jeffrey? a. on the occasion of which a homicide was committed. and sur-rebutter evidence Defense.) c. the order of trial shall be in this order: a.) e. the Pre-Trial Agreement should be in writing. The prosecution agreed with the judge that Jeffrey Rodriguez has enough time to prepare for trial. FACTS (No. Based on this ground.) b.) Prosecution. rebuttal. ______17. the Motion to Quash does not include the right to a speedy trial as one of its grounds.) No. signed by the accused and his counsel._______16.) No. Jeffrey should file a Demurrer to Evidence instead.) Yes.) The judge The counsel for the accused The prosecution All of the above None of the above _______18.) Based on the facts above. butter. Who is correct? a.) Yes. 17-21): Jeffrey Rodriguez is charged before the Regional Trial Court of Quezon City with the crime of robbery. and sur-rebuttal evidence All of the above None of the above . c. ______20.) Yes.) d.) All of the above e. This means that if Jeffrey Rodriguez finished all the pre-trial proceedings and the judge sets his case for trial after one (1) year or 365 days. e. Defense.) e.) All of the above. buttal.) b.

) The date the Prosecution receives the Motion for Leave to File a Demurrer to Evidence c. On October 1. ______22.) On August 1. the Prosecution received the Demurrer by registered mail from Accused J. admitting the act or omission charged in the complaint. the accused filed his Demurrer to Evidence with the court.) All of the above e.) Five (5) days before Prosecution rests its case d.) The date the Court issues an Order granting the Motion for Leave to File a Demurrer to Evidence b. the Prosecution received the Motion filed by the counsel of Accused L.) b. the lawyer advised L that he will file a Demurrer to Evidence. Thus. the effect is that the order of trial: a.) d.) The date the Court issues an Order granting the Motion for Leave to File a Demurrer to Evidence b.) none of the above ______23.) c.) August 6 August 7 August 13 All of the above None of the above ______ 24.) Five (5) days after the Prosecution presents its first witness b.) May be modified.) The date the Court receives the Motion for Leave to File a Demurrer to Evidence d. All of the above None of the above.) None of the above .) All of the above e.) d.______21. such that the defense presents evidence first Is not changed It’s not necessary to hold a trial since the accused already pleaded guilty.) c.) If the accused pleads guilty to a criminal offense. the judge issued an Order granting the Motion. but presents evidence to show a valid justification for doing so.) In the above question.) The date the Prosecution receives the Demurrer to Evidence c.) Fifteen (15) days from arraignment c.) b.) e.) all of the above e. the counsel of accused L told him that he feels that the prosecution does not have enough evidence to prove its case. On August 3.) When should the Demurrer be filed? a. the counsel of Accused L filed with the court a Motion for Leave of Court to File a Demurrer to Evidence. When is the deadline for the Prosecution to file an opposition to the Motion? a. On September 30. the deadline of the Prosecution to file an opposition is counted from what date? a.) None of the above _______ 25. When is the deadline for Prosecution to file his opposition to the Demurrer? a. FACTS (Nos.) On September 20.) The date the Court receives the Demurrer to Evidence d.) e. 22-26): During the trial for murder.

) What is the effect of accused’s acquittal in 2010 on the new information filed in 2013? a. All of the above None of the above _______ 28. because there is double jeopardy in this case. Accused X was acquitted of the crime in a judgment promulgated by the Court on August 15. It depends on whether or not there was a provisional dismissal.) Suppose accused was convicted of Reckless lmprudence Resulting in Homicide in 2010 and the new information filed in 2013 based on the same crime charges Murder instead.) All of the above e.) October 5 d.) Motion for New Trial Based on Newly Discovered Evidence Motion for Quash Motion to Dismiss All of the above None of the above _______ 29._______ 26.) c. Can the accused still be charged with the same offense? a. Y.) b.) b.) d. a witness came forward and positively identified Accused X as the driver who was driving recklessly and killed Mr.) Can accused still be charged with the same crime he committed in 2010 in the present case? a. In February of 2013. the deadline of the Prosecution to file his opposition to the Demurrer is what date? a. 27-30 In April of 2010. because the witness only came forward in 2013. _______ 27.) All of the above e. No. after conducting a preliminary investigation.) It depends on whether or not that testimony of the witness has a significant impact on the judgment in 2010 such that the case needs to be reopened d. 2013.) Based on your answer.) In the above question.) None of the above _______ 30. on October 12.) d.) The acquittal has no effect c.) October 10 b.) None of the above FACTS NOS. Y. As a result.) c.) October 6 c.) All of the above e.) Yes. Y.) Yes.) No. because the testimony of the witness is considered newly discovered evidence b.) e. the prosecution failed to prove its case and as a result. 2012. Accused X was charged before the Regional Trial Court with the crime of Reckless Imprudence Resulting in Homicide for a hit-and-run which killed Mr. the prosecution filed a new information in the same court charging Accused X with the crime of Reckless Imprudence Resulting in Homicide for the hit-and-run which killed Mr.) e.) The acquittal is a bar to prosecution – accused cannot be charged again of the same crime b. because double jeopardy applies to conviction c. Due to the lack of available witnesses and strong evidence. what should the accused file? a.) None of the above .) The acquittal can make the case a conviction d.

with the consent of the accused. the judgment need not determine if the act or omission from which the civil liability might arise exists.) A Motion to Quash may be made orally. _______19.) A judgment must always be in writing.) The Motion for New Trial can be made by the prosecution.) Double jeopardy serves as a bar in appealing from a judgment of acquittal. True or False (20 points) _______1. _______17.) In a Motion for New Trial. _______9.) In general.) A Motion to Quash always has the effect of dismissing the case.) In all criminal cases appealed before the Court of Appeals.) The effect of the discharge of an accused as a state witness is that of acquittal.) Failure of the accused or the offended party to appear at the pre-trial shall make them liable for sanctions by the court. the evidence already adduced or present at the trial is set aside and expunged from the records of the case. _______16.) If a Motion for New Trial is granted. _______6. _______11. _______8. the accused has 30 days within which to file an appeal. _______2. _______5.) A judge need not sign the judgment for as long as his name appears in the last page. in open court. _______4.) A Motion for Reconsideration may be made orally. _______3. _______10. _______20. _______13.) If the judgment is of acquittal.) The judge may.) The defense may appeal a judgment of acquittal. a Pre-trial is mandatory. _______7.Part II. it is not necessary that the newly discovered evidence would change the judgment had it been known at the time of the trial.) A Motion to Reopen the Proceedings may only be made after the prosecution rests its case _______14.) After its promulgation. acting on his own (motu proprio) and without need of a motion. .) Only cases decided by the Court of Appeals may be appealed to the Supreme Court. reopen trial proceedings to avoid a miscarriage of justice. _______15.) A judgment becomes final after the lapse of the period for perfecting an appeal. _______12. _______18. judgment automatically becomes final and not appealable.