Crimpro MT

Rodna
Jema Gremille R. Alenton

Xavier University College of Law
Reviewer on Criminal Procedure
D. After the plea, a formal
MCQ amendment may be made
without leave of court.
1) Pending criminal case, dismissed
provisionally, shall be deemed 4) Gary who lived in Taguig borrowed P1
permanently dismissed if not received million from Rey who lived in Makati
after 2 years with respect to offenses under a contract of loan that fixed Makati
punishable by imprisonment. as the venue of any action arising from the
contract. Gary had already paid the loan
A. Of more than 12 years. but Rey kept on sending him letters of
B. Not exceeding 6 years or a fine demand for some balance. Where is the
not exceeding P1, 000.00 venue of the action for harassment that
C. Of more than 6 years or a fine in Gary wants to file against Rey?
excess of P1, 000.00
D. Of more than 6 years A. In Makati since the intent of the
party is to make it the venue of
2) Angie was convicted of false testimony and any action between them
served sentence. Five years later, she was whether based on the contract
convicted of homicide. On appeal, she or not.
applied for bail. May the Court of Appeals B. In Taguig or Makati at the option
deny her application for bail on the ground of Gary since it is a personal
of habitual delinquency? injury action.
C. In Taguig since Rey received the
A. Yes, the felonies are both letters of demand there.
punishable under the Revised D. In Makati since it is the venue
Penal Code. fixed in their contract
B. Yes, her twin convictions
indicated her criminal 5) The Metropolitan Trial Court convicted
inclinations. Virgilio and Dina of concubinage. Pending
C. No, the felonies fall under appeal, they applied for bail, claiming they
different titles in the Revised are entitled to it as a matter of right, is
Penal Code. their claim correct?
D. No, the charges are both
bailable. A. No, Bail is not a matter of right after
conviction.
3) Which of the following is a correct B. Yes, bail is a matter of right in all
statement of the rule on amendment of the cases not involving moral turpitude.
information in a criminal proceeding? C. No, bail is dependent on the risk of
flight.
A. An amendment that downgrades D. Yes, bail is a matter of right in the
the offense requires leave of Metropolitan Trial Court before and
court even before the accused after conviction.
pleads.
B. Substantial amendments are
allowed with leave of court
before the accused pleads.
C. Only formal amendments are
permissible before the accused
pleads.
1
Rodna Jema Gremille R. Alenton
B. The judgment shall be promulgated
6) As a rule, the judge shall receive the in his absence and he loses his right
evidence personally. In which of the of appeal.
following circumstances may the court C. The promulgation of the judgment
delegate the reception of the evidence to shall be suspended until he is
the clerk of court? brought to the jurisdiction of the
court.
A. When a question of the fact arises D. The judgment shall be void.
upon a motion.
B. When the trial of an issue of fact 9) The city prosecutor charged Ben with
requires the examination of a long serious physical injuries for stabbing
account. Terence. He was tried and convicted as
C. In default or ex-parte hearings. charged. A few days later Terence died due
D. Upon motion of a party on to severe infection of his stab wounds. Can
reasonable grounds. the prosecution file another information
against Ben for homicide?
7) The City Prosecutor of Manila filed, upon
Soledad’s complaint, a criminal action for A. Yes, since Terence’ death shows
estafa against her sister, Wella, before the irregularity in the filing of the
RTC of Manila for selling to Victor a land earlier charge against him.
that she previously sold to Soledad. At the B. No, double jeopardy is present since
same time Soledad filed a civil action to Ben had already been convicted of
annual the second sale before the RTC of the first offense.
Quezon City. May the Manila RTC motu C. No, there is double jeopardy since
proprio suspend the criminal action on serious physical injuries is
ground of prejudicial question? necessarily included in the charge of
homicide.
A. Yes, if it may be clearly inferred that D. Yes, since supervening event altered
the complaint will not object to the the kind of crime the accused
suspension of the criminal case. committed.
B. No, the accused must file a motion to
suspend the action based on 10) When may the bail of the accused be
prejudicial question. cancelled at the instance of the bondsman?
C. Yes, if it finds from the record that
such prejudicial question exists. A. When the accused jumps bail.
D. Yes, if it is convinced that due B. When the bondsman surrenders the
process and fair trial will be better accused to the court.
served if the criminal case is C. When the accused fails to pay his
suspended. annual premium on the bail bond.
D. When the accused changes his
8) The accused jumps bail and fails to appear address without notice to the
on promulgation of judgment where he is bondsman.
found guilty. What is the consequence of
his absence?

A. Counsel may appeal the judgment in
the absence of the accused.

2
D. The prosecution must have full
11) Which of the following MISSTATES opportunity to prove the guilt of the
a requisite for the issuance of a search accused.
warrant?
14) What is the consequence of the unjustified
A. The warrant specifically describes absence of the defendant at the pre-trial?
the place to be searched and the
things to be seized. A. The trial court shall declare him as
B. Presence of the probable cause. in default.
C. The warrant issues in connection B. The trial court shall immediately
with the one specific offense. render judgment against him.
D. Judge determines probable cause C. The trial court shall allow the
upon the affidavits of the complaint plaintiff to present evidence ex-
and his witnesses. parte.
D. The trial court shall expunge his
12) The accused was convicted for answer from the record.
estafa thru falsification of public document
filed by one of two offended parties. Can the 15) What is the remedy of the accused if the
other offended party charge him again with trial court erroneously denies his motion
the same crime? for preliminary investigation of the charge
against him?
A. Yes, since the wrong done the
second offended party is a separate A. Wait for judgment and, on appeal
crime. from it, assign such denial as error.
B. No, since the offense refers to the B. None since such order is final and
same series of act, prompted by one executor.
criminal intent. C. Ask for reconsideration if denied,
C. Yes, since the second offended party file petition for certiorari and
is entitled to the vindication of the prohibition.
wrong done him as well. D. Appeal the order denying the
D. No, since the second offended party motion for preliminary
is in estoppel, not having joined the investigation.
first criminal action.
16) What is the effect of the failure of the
13) Which of the following states a accused to file a motion to quash an
correct guideline in hearing application for information that charges two offenses?
bail in capital offense?
A. He may be convicted only of the
A. The hearing for bail in capital more serious offense.
offenses is summary; the court does B. He may in general be convicted of
not sit to try the merits of the case. both offenses.
B. The prosecution’s conformity to the C. The trial shall be void.
accused’s motion for bail is proof D. He may be convicted only of the
that its evidence of his guilt is not lesser offense.
strong.
C. The accused, as applicant for bail,
carries the burden of showing that
the prosecution’s evidence of his
guilt is not strong.
3
D. The court shall vacate the judgment
17) Upon review, the Secretary of Justice as well as the entire proceedings
ordered the public prosecutor to file a had in the case.
cause. The public prosecutor complied. Is
the trial court bound to grant the 20) Which of the following NOT TRUE
withdrawal? regarding the doctrine of judicial
hierarchy?
A. Yes, since the prosecution of an
action is a prerogative to the public A. It derives from a specific and
prosecutor. mandatory provision of substantive
B. No, since the complainant has law.
already acquired a vested right in B. The Supreme Court may disregard
the information. the doctrine in cases of natural
C. No, since the court has the power interest and matters of serious
after the case is filed to itself implications.
determine probable cause. C. A higher court will not entertain
D. Yes, since the decision of the direct recourse to it if redress can
Secretary of Justice in criminal be obtained in the appropriate
matters is binding on courts. courts.
D. The reason for it is the need for
18) The information charges PNP Chief Luis higher courts to devote more time
Santos, (Salary Grade 28), with ‘taking to matters within their exclusive
advantage of his public position as PNP jurisdiction.
Head by feloniously shooting JOSE ONA,
inflicting on the latter mortal wounds 21) When may an information be filed in court
which caused his death.” Based solely on without the preliminary investigation
this allegation, which court has jurisdiction required in the particular case being first
over the case? conducted?

A. Sandiganbayan only A. Following an inquest, in cases of
B. Sandiganbayan or Regional Trial those lawfully arrested without a
Court warrant.
C. Sandiganbayan or Court Martial B. When the accused , while under
D. Regional Trial Court only custodial investigation, informs the
arresting officers that he is waiving
19) What is the effect and ramification of an his right to preliminary
older allowing new trial? investigation.
C. When the accused fails to challenge
A. The court’s decision shall be held in the validity of the warrantless
suspension until the defendant arrest at his arraignment.
could show at the reopening of trial D. When the arresting officers take the
that it has to be abandoned. suspect before the judge who issues
B. The court shall maintain the part of a detention order against him.
its judgment that is unaffected and
void the rest.
C. The evidence taken upon the former
trial, if material and competent,
shall remain in use.
4
Actions; Commencement of an
BAR Q’s
RULES 110-117 Action; Criminal, Civil (2013)
Actions; Commencement of an No.III. While in his Nissan Patrol and

Action (2012) hurrying home to Quezon City from his
work in Makati, Gary figured in a
No.V. X was arrested, en flagrante, for
vehicular mishap along that portion of
robbing a bank. After an investigation,
EDSA within the City of Mandaluyong.
he was brought before the office of the
He was bumped from behind by a Ford
prosecutor for inquest, but
Expedition SUV driven by Horace who
unfortunately no inquest prosecutor
was observed using his cellular phone
was available. May the bank directly file
at the time of the collision. Both
the complaint with the proper court? If
vehicles - more than 5 years old – no
in the affirmative, what document
longer carried insurance other than the
should be filed? (5%)
compulsory third party liability
SUGGESTED ANSWER: insurance. Gary suffered physical

injuries while his Nissan Patrol
Yes, the bank may directly file the sustained damage in excess of
complaint with the proper court. In Php500,000.
the absence or unavailability of an
inquest prosecutor, the complaint As counsel for Gary, describe the
may be filed by the offended party or process you need to undertake starting
a peace officer directly with the from the point of the incident if Gary
proper court on the basis of the would proceed criminally against
affidavit of the offended party or Horace, and identify the court with
arresting officer or person (Section 6, jurisdiction over the case. (3%)
Rule 112 of the Revised Rules of

SUGGESTED ANSWER:
Criminal Procedure).
As counsel for Gary, I will first
have him medically examined in
order to ascertain the gravity and
5
extent of the injuries SUGGESTED ANSWER:
sustained from the accident. Second,
An independent civil action is an
I will secure an accurate police report
action, which is entirely distinct and
relative to the mishap unless Horace
separate from the criminal action.
admits his fault in writing, and
Such civil action shall proceed
request Gary to secure a car damage
independently of the criminal
estimate from a car repair shop.
prosecution and shall require only a
Third, I will ask him to execute his
preponderance of evidence. Section 3
Sinumpaang Salaysay. Thereafter, I
of Rule 111 allows the filing of an
will use his Sinumpaang Salaysay or
independent civil action by the
prepare a Complaint-affidavit and file
offended party based on Article 33
the same in the Office of the City
and 2176 of the New Civil Code.
Prosecutor of Mandaluyong City
(Sections 1 and 15 Rule 110, Rules of The different approaches that the
Criminal Procedure). plaintiff can pursue in this type of
action are as follows:
This being a case of simple
negligence and the penalty for the File the independent civil action
offense does not exceed six months and prosecute the criminal case
imprisonment, the court with original separately.
and exclusive jurisdiction is the
Metropolitan Trial Court of File the independent civil action
Mandaluyong City. without filing the criminal case.
If Gary chooses to file an File the criminal case without need
independent civil action for damages, of reserving the independent civil
explain briefly this type of action: its action.
legal basis; the different approaches in

Aside from the testimony of Gary, the
pursuing this type of action; the
pieces of evidence that would be
evidence you would need; and types of
required in an independent civil
defenses you could expect. (5%)
6
action are the medical report partial defense. Moreover, the
and certificate regarding the injuries defendant can raise the usual
sustained by Gary, hospital and defenses that the: (a) plaintiff will be
medical bills including receipt of entitled to double compensation or
payments made police report and recovery, and (b) defendant will be
proof of the extent of damage constrained to litigate twice and
sustained by his car and the Affidavit therefore suffer the cost of litigation
of witnesses who saw Horace using twice.
his cellular phone at the time the
incident happened.
I will also present proof of

employment of Gary such as payslip
in order to prove that he was
gainfully employed at the time of the
mishap, and as a result of the injuries
he suffered, he was not able to earn
his usual income thereof. I will also
present the attending Doctor of Gary
to corroborate and authenticate the
contents of the medical report and
abstract thereof. The evidence
required to hold defendant Horace
liable is only preponderance of
evidence.
The types of defenses that may be

raised against this action are
fortuitous event, force majeure or
acts of God. The defendant can also
invoke contributory negligence as
7
criminal action for Adultery as
Actions; Commencement of an contemplated by offended
Action; Party (2013)
party‟s relatives is no longer viable.
No.II. Yvonne, a young and lonely OFW,

Moreover, it appears that the
had an intimate relationship abroad
adulterous acts of Yvonne were
with a friend, Percy. Although Yvonne
committed abroad. Hence, the
comes home to Manila every six
contemplated criminal action is not
months, her foreign posting still left her
viable as the same was committed
husband Dario lonely so that he also
outside of the Philippine courts.
engaged in his own extramarital
activities. In one particularly Is a civil action to impugn the
exhilarating session with his girlfriend, paternity of the baby boy feasible, and if
Dario died. Within 180 days from so, in what proceeding may such issue
Dario’s death, Yvonne gives birth in be determined? (5%)
Manila to a baby boy. Irate relatives of
SUGGESTED ANSWER:
Dario contemplate criminally charging
Yvonne for adultery and they hire your Yes, under Article 171 of the Familyy
law firm to handle the case. Code, the heirs of the husband may
imougn the filiation of the child in
Is the contemplated criminal action a the following cases:
viable option to bring? (3%)
If the husband should die before
SUGGESTED ANSWER:
the expiration of the period fixed for
bringing his action:
No. Section 5 of Rule 110 provides
that the crimes of adultery and
If he should die after the filing of
concubinage shall not be prosecuted
the complaint, without having
except upon complaint filed by the
desisted therefrom; or
offended spouse. Since the offended
spouse is already dead, then the If the child was born after the
death of the husband.
8
is born by such parents; but, if the
Since Dario is already dead when the
blood type of the child is not the
baby was, his heirs have the right to
possible blood type when the blood of
impugn the filiation of the child.
the mother and the alleged father are
cross matched, then the child cannot
Consequently, the heirs may impugn
possibly be that of the alleged father.
the filiation either by a direct action
to impugn such filiation or raise the
ALTERNATIVE ANSWER:
same in a special proceeding for
settlement of the estate of the No, there is no showing in the
decedent. In the said proceeding, the problem of any ground that would
Probate court has the power to serve as a basis for an action to
determine questions as to who are impugn paternity of the baby boy.
the heirs of the decedent (Reyes vs.
In Concepcion vs. Almonte, G.R. No.
Ysip, et. al., 97 Phil. 11, Jimenez vs.
123450, August 31, 2005 citing
IAC, 184 SCRA 367).
Cabatania vs. Court of Appeals, the
Incidentally, the heirs can also Supreme Court held that the law
submit the baby boy for DNA testing requires that every reasonable
(A.M. No. 6-11-5-SC, Rules on DNA presumption be made in favour of
Evidence) or even blood-test in order legitimacy.
to determine paternity and filiation.
The presumption of legitimacy does
In Jao vs. Court of Appeals, G.R. No.
not only flow out of declaration in
L-49162, July 28, 1987, the Supreme
the statute but is based on the broad
Court held that blood grouping tests
principles of natural justice and the
are conclusive as to non-paternity,
supposed virtue of the mother. It is
although inconclusive as to
grounded on the policy to protect the
paternity. The fact that the blood
innocent offspring from the odium of
type of the child is a possible product
illegitimacy. The presumption of
of the mother and alleged father does
legitimacy proceeds from the sexual
not conclusively prove that the child
9
union in marriage, Actions; Complaint; Forum Shopping
particularly during the period of (2010)
conception.
No.IV. X was driving the dump truck of
To overthrow this presumption on Y along Cattleya Street in Sta. Maria,
the basis of Article 166 (1) (b) of the Bulacan. Due to his negligence, X hit
Family Code, it must be shown and injured V who was crossing the
beyond reasonable doubt that there street. Lawyer L, who witnessed the
was no access that could have incident, offered his legal services to V.
enabled the husband to father the
V, who suffered physical injuries
child. Sexual Intercourse is to be
including a fractured wrist bone,
presumed where personal access is
underwent surgery to screw a metal
not disposed, unless such
plate to his wrist bone.
presumption is rebutted by evidence
to the contrary. On complaint of V, a criminal case for
Reckless Imprudence Resulting in
Hence, a child born to a husband and
Serious Physical Injuries was filed
wife during a valid marriage is
against X before the Municipal Trial
presumed
Court (MTC) of Sta. Maria. Atty. L, the
legitimate. Thus, the child‟s
legitimacy private prosecutor, did not reserve the
may be impugned only under the filing of a separate civil action.
strict standards provided by law
V subsequently filed a complaint for
(Herrera vs. Alba, G.R. No. 148220,
Damages against X and Y before the
June 15, 2005).
Regional Trial Court of Pangasinan in
[Note: The Family Code is not Urdaneta where he resides. In his
covered by the 2013 bar Examination "Certification Against Forum Shopping,"
Syllabus for Remedial Law].
V made no mention of the pendency of
the criminal case in Sta. Maria.
10
damages on the ground of litis
(a) Is V guilty of forum shopping? pendentia. Is the motion meritorious?
(2%)
Explain. (2%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
No, V is not guilty of forum shopping
No, the motion to dismiss base on
because the case in Sta. Maria,
alleged litis pendencia is without
Bulacan, is a criminal action filed in
merit because there is no identity of
the name of the People of the
parties and subject matter in the two
Philippines, where civil liability
cases. Besides, Art. 33 of the Civil
arising from the crime is deemed also
Code and Rule 111, Sec. 3 of the
instituted therewith; whereas the
Rules of Criminal Procedure
case filed in Urdaneta, Pangasinan, is
authorize the separate civil action for
a civil action for quasi- delict in the
damages arising from physical
name of V and against both X and Y
injuries to proceed independently.
for all damages caused by X and Y to
V, which may be beyond the
Suppose only X was named as
jurisdiction of MTC. Hence, the tests
defendant in the complaint for damages,
of forum shopping, which is res
may he move for the dismissal of the
adjudicate or litis pendencia, do not
complaint for failure of V to implead Y
obtain here.
as an indispensable party? (2%)
Moreover, substantive law (Art. 33,

SUGGESTED ANSWER:
Civil Code) and Sec. 3, Rule 111,
Revised Rules of Criminal Procedure, No, X may not move for dismissal of
expressly authorize the filing such the civil action for damages on the
action for damages entirely separate contention that Y is an indispensable
and distinct from the criminal action. party who should be impleaded. Y is
not an indispensable party but only
Instead of filing an Answer, X and Y
necessary party. Besides, nonjoinder
move to dismiss the complaint for
and misjoinder of parties is not a
11
ground for dismissal of SUGGESTED ANSWER:
actions (Rule 3, Sec. 11, Rules of
The objection should be overruled.
Court).
Lawyer-client privilege is not
X moved for the suspension of the involved here. The subject on which
proceedings in the criminal case to the counsel would be examined has
await the decision in the civil case. For been made public in the affidavit he
his part, Y moved for the suspension of offered and thus, no longer
the civil case to await the decision in the privileged, aside from the fact that it
criminal case. Which of them is correct? is in respect of what the counsel
Explain. (2%) witnessed during the incident and
not to the communication made by
SUGGESTED ANSWER: the client to him or the advice he
gave thereon in his professional
Neither of them is correct. Both
capacity.
substantive law (Art. 33 of the Civil
Code) and procedural law (Rule 111,
Sec. 3, Rules of Criminal Procedure)
provide for the two actions to Actions; Hold Departure Order (2010)
proceed independently of each other,

No. XVIII. While window-shopping at the
therefore, no suspension of action is
mall on August 4, 2008, Dante lost his
authorized.
organizer including his credit card and
Atty. L offered in the criminal case billing statement. Two days later, upon
his affidavit respecting what he reporting the matter to the credit card
witnessed during the incident. X’s company, he learned that a one-way
lawyer wanted to cross-examine Atty. L airplane ticket was purchased online
who, however, objected on the ground of using his credit card for a flight to Milan
lawyer-client privilege. Rule on the in mid-August 2008. Upon extensive
objection. (2%) inquiry with the airline company, Dante

discovered that the plane ticket was
12
under the name of one Dina SUGGESTED ANSWER:
Meril. Dante approaches you for legal
He will have to present (a) his report
advice.
to the bank that he lost his credit
a) What is the proper procedure to card (b) that the ticket was purchased
prevent Dina from leaving the after the report of the lost and (c) the
Philippines? (2%) purchase of one-way ticket. Dante
should bring an original (or an
I would advise: equivalent copy) printout of: 1) the
online ticket purchase using his
The filing of an appropriate criminal
credit card; 2) the phone call log to
action cognizable by the RTC against
show that he already alerted the
Dina and the filing in said criminal
credit
action a Motion for the issuance of a
card company of his loss; and 3) his
Hold Departure Order;
credit card billing statement bearing
the online ticket transaction.
thereafter, a written request with the
Commissioner of the Bureau of
Immigration for a Watch List Order
pending the issuance of the Hold
Departure Order should be filed;
then, the airline company should be

requested to cancel the ticket issued
to Dina.
Suppose an Information is filed

against Dina on August 12, 2008 and
she is immediately arrested. What
pieces of electronic evidence will Dante
have to secure in order to prove the
fraudulent online transaction? (2%)
13
quashed, is the police required to return
Arrest; Warrantless Arrests & the firearm? Explain briefly. (5%)
Searches (2007)
SUGGESTED ANSWER:
No.VI. (a) On his way home, a member
of the Caloocan City police force Yes, the police may take with him
witnesses a bus robbery in Pasay City the “unlicensed” firearm although
and effects the arrest of the suspect. not covered by the search warrant.
Can he bring the suspect to Caloocan Possession of an “unlicensed firearm”
City for booking since that is where his is a criminal offense and the police
station is? Explain briefly. (5%) officer may seize an article which is
the “subject of an offense.” Thus us
SUGGESTED ANSWER:
especially so considering that the
“unlicensed firearm” appears to be in
No, the arresting officer may not take
“plain view” of the police officer
the arrested suspect from Pasay City
when the conducted the search.
to Caloocan City. The arresting
officer is required to deliver the
person arrested without a warrant to Even if the warrant was subsequently
the nearest police station or jail (Rule quashed, the police are not mandated
112, Sec. 5, 2000 Rules of Criminal to return the “unlicensed firearm.”
Procedure). To be sure, the nearest The quashal of the search warrant did
police station or jail is in Pasay City not affect the validity of the seizure
where the arrest was made, and not of the “unlicensed firearm.”
in Caloocan City. Moreover, returning the firearm to a
person who is not otherwise allowed
In the course of serving a search by law to possess the same would be
warrant, the police find an unlicensed tantamount to abetting a violation of
firearm. Can the police take the firearm the law.
even if it is not covered by the search
warrant? If the warrant is subsequently
14
court. The accused who is confined in
Bail; Application (2012) a hospital may be deemed to be in
the custody of the law if he clearly
No.I.B. A was charged with a non-
communicates his submission to the
bailable offense. At the time when the
court while he is confined in the
warrant of arrest was issued, he was
hospital. (Paderanga vs. Court of
confined in the hospital and could not
Appeals, G.R. No. No. 115407, August
obtain a valid clearance to leave the
28, 1995).
hospital. He filed a petition for bail
saying therein that he be considered as
having placed himself under the
jurisdiction of the court. May the court Discovery; Production and Inspection
entertain his petition? Why or why not? (2009)
(5%) No.XI.A. The accused in a criminal case

has the right to avail of the various
SUGGESTED ANSWER: modes of discovery.
No, the court may not entertain his SUGGESTED ANSWER:

petition as he has not yet been
TRUE. The accused has the right to
placed under arrest. A must be
move for the production or
“literally” placed under the custody
inspection of material evidence in
of the law before his petition for bail
the possession of the prosecution. It
could be entertained by the court
authorizes the defense to inspect,
(Miranda vs. Tuliao, G.R. No. 158763,
copy or photograph any evidence of
March 31, 2006).
the prosecution in its possession
ALTERNATIVE ANSWER: after obtaining permission from the

court (Rule 116, Sec. 10; Webb vs. De
Yes, a person is deemed to be under Leon, 247 SCRA 652 [1995]).
the custody of the law either when he
has been arrested or has surrendered
himself to the jurisdiction of the
15
that the two conspired in the purchase
ALTERNATIVE ANSWER: of several units of computer through
personal canvass instead of a public
FALSE. The accused in criminal case
bidding, causing undue injury to the
only has the right to avail of
municipality.
conditional examination of his
witness before a judge, or, if not Before arraignment, the accused moved
practicable, a member of a Bar in for reinvestigation of the charge, which
good standing so designated by the the court granted. After reinvestigation,
judge in the order, or if the order be the Office of the Special Prosecutor filed
made by a court of superior
an amended information duly singed
jurisdiction, before an inferior court
and approved by the Special Prosecutor,
to be designated therein. (Sec.12
alleging the same delictual facts, but
&13, Rule 119).
with an additional allegation that the
Modes of discovery under civil accused gave unwarranted benefits to

actions does not apply to criminal SB enterprises owned by Samuel.
proceedings because the latter is Samuel was also indicted under the
primarily governed by the REVISED amended information.
RULES OF CRIMINAL PROCEDURE
(Vda. de Manguerravs Risos
Before Samuel was arraigned, he moved
– 563 SCRA 499).
to quash the amended information on
the ground that the officer who filed had
Information; Motion to Quash (2009)
no authority to do so. Resolve the
No.IV. Pedrito and Tomas, Mayor and motion to quash with reasons.
Treasurer, respectively, of the
Municipality of San Miguel, Leyte, are SUGGESTED ANSWER:
charged before the Sandiganbayan for
The motion to quash filed by Samuel
violation of Section 3(e), RA no. 3019
should be granted. There is no
(Anti-Graft and Corrupt Practices Act).
showing that the special prosecutor
The information alleges, among others,
was duly authorized or deputized to
16
prosecute Samuel. Under R.A. ALTERNATIVE ANSWER:
No. 6770, also known as the
The motion to quash should be
Ombudsman Act of 1989, the Special
denied for lack of merit. The case is
Prosecutor has the power and
already filed in court, which must
authority, under the supervision and
have been done with the approval of
control of the Ombudsman, to
the Ombudsman, and thus the
conduct preliminary investigation
Special Prosecutor‟s office of the
and prosecute criminal cases before
the Sandiganbayan and perform such Ombudsman takes over. As it is the
other duties assigned to him by the court, which ordered the
Ombudsman (Calingin vs. Desierto, reinvestigation, the Office of the
529 SCRA 720 [2007]). Special Prosecutor, which is handling

the case in court, has the authority
Absent a clear delegation of authority to act and when warranted, refile the
from the Ombudsman to the Special case. The amendment made is only a
Prosecutor to file the information, matter of form, which only
the latter would have no authority to particularized the violation of the
file the same. The Special Prosecutor same provision of Rep. Act 3019, as
cannot be considered an alter ego of amended.
the Ombudsman as the doctrine of
qualified political agency does not
apply to the office of the
Ombudsman. In fact, the powers of
the office of the Special Prosecutor
under the law may be exercised only
under the supervision and control
and upon authority of the
Ombudsman (Perez vs.
Sandiganbayan,
SCRA 252 [2006]).
17
robbery while the bus was traversing
Information; Motion to Quash (2009) Makati. His alertness and training
enabled him to foil the robbery and to
No.XVI.B. A criminal information is filed
subdue the malefactor. He disarmed the
in court charging Anselmo with
felon and while frisking him, discovered
homicide. Anselmo files a motion to
another handgun tucked in his waist.
quash information on the ground that
He seized both handguns and the
no preliminary investigation was
malefactor was later charged with the
conducted. Will the motion be granted?
separate crimes of robbery and illegal
Why or why not?
possession of firearm.
SUGGESTED ANSWER:
Where should Police Inspector
NO, the motion to quash will not be Masigasig bring the felon for criminal
granted. The lack of preliminary processing? To Silang, Cavite where he
investigation is not a ground for a is bound; to Makati where the bus
motion to quash under the Rules of actually was when the felonies took
Criminal Procedure. Preliminary place; or back to Valenzuela where he is
investigation is only a statutory right stationed? Which court has jurisdiction
and can be waived. The accused over the criminal cases? (3%)
should instead file a motion for
reinvestigation within five (5) days SUGGESTED ANSWER:
after he learns of the filing in Court
Police Inspector Masigasig should
of the case against him (Sec. 6, Rule
bring the felon to the nearest police
112, as amended).
station or jail in Makati City where
Jurisdiction; Complex Crimes (2013) the bus actually was when the
felonies took place. In cases of
No.VIII. On his way to the PNP Academy warrantless arrest, the person
in Silang, Cavite on board a public arrested without a warrant shall be
transport bus as a passenger, Police forthwith delivered to the nearest
Inspector Masigasig of the Valenzuela police station or jail and shall be
Police witnessed an on-going armed
18
proceeded against in filed by a prosecutor without a need
accordance with section 7 of Rule 11 of such investigation provided an
(Section 113, Rules of Criminal inquest has been conducted in
Procedure). Consequently, the accordance with existing rules.
criminal case for robbery and illegal
possession of firearms can be filed in Jurisdiction; Reinvestigation; Arrest
Regional Trial Court of Makati City or (2008)
on any of the places of departure or
No.X. Jose, Alberto and Romeo were
arrival of the bus.
charged with murder. Upon filing the
May the charges of robbery and information, the RTC judge issued
illegal possession of firearm be filed warrants for their arrest. Learning of the
directly by the investigating prosecutor issuance of the warrants, the three
with the appropriate court without a accused jointly filed a motion for
preliminary investigation? (4%) reinvestigation and for the recall of the
warrants of arrest. On the date set for
SUGGESTED ANSWER:
hearing of their motion, none of accused
Yes. Since the offender was arrested showed up in court for fear of being
in flagrante delicto without a warrant arrested. The RTC judge denied their
of arrest, an inquest proceeding motion because the RTC did not acquire
should be conducted and thereafter a jurisdiction over the persons of the
case may be filed in court even movants. Did the RTC rule correctly?
without the requisite preliminary SUGGESTED ANSWER:

investigation.
The RTC was not entirely correct in
Under Section 6, Rule 112, Rules of stating that it had no jurisdiction
Criminal Procedure, when a person is over the persons of the accused. By
lawfully arrested without a warrant filing motions and seeking
involving an offense which requires a affirmative reliefs from the court, the
preliminary investigation, the accused voluntarily submitted
complaint or information may be themselves to the jurisdiction of the
19
court. However, the RTC subjected to the danger and anxiety
correctly denied the motion for of a second charge against him for
reinvestigation. Before an accused ca the same offense (Joel B. Caes vs.
move for reinvestigation and the Intermediate Appellate Court,
recall of his warrant of arrest, he November 6, 1989).
must first surrender his person to the
court (Miranda, et al. vs. Tuliao, G.R.
No. 158763, 31 March 2006).
Res Judicata in Prison Grey (2010)
No.XVII. What is "res judicata in prison

grey"? (2%)
SUGGESTED ANSWER:
“Res judicata in prison grey” is the

criminal concept of double jeopardy,
as “res judicata” is the doctrine of
civil law (Trinidad vs. Office of the
Ombudsman, G.R. No. 166038,
December 4, 2007).
Described as “res judicata in prison

grey,” the right against double
jeopardy prohibits the prosecution of
a person for a crime of which he has
been previously acquitted or
convicted. The purpose is to set the
effects of the first prosecution
forever at rest, assuring the accused
that he shall not thereafter be
20
the marijuana could not have been
Search & Seizure; Plain View (2008) seized in palin view (CF. Peo vs. Mua,
G.R. No. 96177, 27 January 1997). In
No.IX. The search warrant authorized
any case, the marijuana should be
the seizure of “undetermined quantity of
confiscated as a prohibited article.
shabu.” During the service of the search
warrant, the raiding team also recovered
a kilo of dried marijuana leaves wrapped
Search & Seizure; Warrantless Search
in newsprint. The accused moved to
(2010)
suppress the marijuana leaves as
evidence for the violation of Section 11
No.VII. As Cicero was walking down a
of the Comprehensive Dangerous Drugs dark alley one midnight, he saw an
Act of 2002 since they were not covered
"owner-type jeepney" approaching him.
by the search warrant. The State Sensing that the occupants of the
justified the seizure of the marijuana vehicle were up to no good, he darted
leaves under the “plain view” doctrine. into a corner and ran. The occupants of
There was no indication of whether the
the vehicle − elements from the Western
marijuana leaves were discovered and
seized before or after the seizure of the Police District − gave chase and
shabu. If you are the judge, how would apprehended him.

you rule on the motion to suppress?
The police apprehended Cicero, frisked
SUGGESTED ANSWER: him and found a sachet of 0.09 gram of
shabu tucked in his waist and a Swiss
The “plain view” doctrine cannot be
knife in his secret pocket, and detained
invoked because the marijuana leaves
him thereafter. Is the arrest and body
were wrapped in newsprint and there
search legal? (3%)
was no evidence as to whether the
marijuana leaves were discovered and
seized before or after the seizure of
the shabu. If they were discovered
after the seizure of the shabu, then
21
concealed knife may be regarded as
SUGGESTED ANSWER:
incident to a lawful arrest.
The arrest and body-search was
legal. ALTERNATIVE ANSWER:
Cicero appears to be alone „walking
No, the arrest and the body-search
down the dark alley” and at
were not legal. In this case, Cicero
midnight. There
did not run because the occupants of
appears probable cause for the
the vehicle identified themselves as
policemen to check him, especially
police officers. He darted into the
when he darted into a corner
corner and ran upon the belief that
(presumably also dark) and run under
the occupants of the vehicle were up
such circumstance.
to no good.
Although the arrest came after the

Cicero‟s act of running does not
body-search where Cicero was found
show any reasonable ground to
with shabu and a Swiss knife, the
believe that a crime has been
body-search
committed or is about to be
is legal under the “Terry search” rule
committed for the police officers to
or the “stop and frisk” rule. And
apprehend him and conduct body
because
search. Hence, the arrest was illegal
the mere possession, with animus, of
as it does not fall under any of the
dangerous drug (the shabu) is a
circumstances for a valid warrantless
violation of the law (R.A. 9165), the
arrest provided in Sec. 5 of Rule 113
suspect is in a continuing state of
of the Rules of Criminal Procedure.
committing a crime while he is
illegally possessing the dangerous
drug, thus making the arrest
tantamount to an arrest in flagrante:
so the arrest is legal and
correspondingly, the search and
seizure of the shabu and the
22
Trial Courts of Manila or Quezon
Search Warrant; Application; Venue Cities. (A.M. No. 99-10-09-SC,
(2012) January 25, 2000).
No.VI. A PDEA asset/informant tipped What documents should he prepare

the PDEA Director Shabunot that a in his application for search warrant?
shabu laboratory was operating in a (2%)
house at Sta. Cruz, Laguna, rented by
two (2) Chinese nationals, Ho Pia and SUGGESTED ANSWER:
Sio Pao. PDEA Director Shabunot wants
He should prepare a petition for
to apply for a search warrant, but he is
issuance of a search warrant and
worried that if he applies for a search
attach therein sworn statements and
warrant in any Laguna court, their plan
affidavits.
might leak out.
Describe the procedure that should

Where can he file an application for
be taken by the judge on the
search warrant? (2%)
application. (2%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
The judge must, before issuing the
PDEA Director Shabunot may file an
warrant, examine personally in the
application for search warrant in any
form of searching questions and
court within the judicial region where
answers, in writing and under oath,
the crime was committed. (Rule 126,
the complainant and the witnesses he
Sec.2[b]).
may produce on facts personally
known to them and attach to the
ALTERNATIVE ANSWER:
record their sworn statements,
PDEA Director Shabunot may file an together with the affidavits
application for search warrant before submitted. (Rule 126, Sec.5, Rules of
the Executive Judge and Vice Court). If the judge is satisfied of the
Executive Judges of the Regional existence of facts upon which the
23
application is based or that have been committed and that
there is probable cause to believe there are good and sufficient
that they exist, he shall issue the reasons to believe that Ho Pia and
warrant, which must be substantially Sio Pao have in their possession
in the form prescribed by the Rules. or control, in a two
(Rule 126, Sec.6, Rules of Court). door apartment with an iron
gate located at Jupiter St., Sta.
Suppose the judge issues the search
Cruz, Laguna, undetermined
warrant worded in this way:
amount of "shabu" and drug
manufacturing implements and
PEOPLE OF THE
paraphernalia which should be
PHILIPPINES
seized and brought to the
Plaintiff
undersigned,
Criminal Case
No. 007
You are hereby commanded to
-versus- for
make an immediate search, at
Violation of R.A.
any time in the day or night, of
9165
the premises above described and
Ho Pia and Sio Pao,
forthwith seize and take
Accused.
possession of the abovementioned
personal property, and bring said
x- - - - - - - - - - - - - - - - - - - - - -x
property to the undersigned to be
TO ANY PEACE OFFICER dealt with as the law directs.
Greetings:
Witness my hand this 1st day of
It appearing to the satisfaction of
March 2012.
the undersigned after examining
under oath PDEA Director (Signed)
shabunot that there is probable Judge XYZ
cause to believe that violations of
Section 18 and 16 of R.A. 9165
24
search yielded the described contraband
Cite/enumerate the defects, if any, of and a case was filed against the accused
the search warrant. (3%) in RTC, Sta. Cruz, Laguna and you are
the lawyer of Sio Pao and Ho Pia, what
SUGGESTED ANSWER:
will you do? (3%)
The search warrant failed to

SUGGESTED ANSWER:
particularly describe the place to be
searched and the things to be seized If I were the lawyer of Sio Pao and Ho
(Rule 126, Sec.4, Rules of Court). Pia, I would file a Motion to Quash
the search warrant for having been
The search warrant commanded
served beyond its period of validity.
the immediate search, at any time in
(Rule 126, Sec. 14, Rules of Court). A
the day or night. The general rule is
search warrant shall be valid only for
that a search warrant must be served
ten (10) days from its date.
in the day time (Rule 126, Sec.8,
Thereafter, it shall be void. (Rule 126,
Revised Rules on Criminal
Sec.10, Revised Rules of Court).
Procedure), or that portion of the
twenty-four hours in which a man‟s Suppose an unlicensed armalite was
person and countenance are found in plain view by the searchers
distinguishable (17 C.J. 1134). By and the warrant was ordered quashed,
way of exception, a search warrant should the court order the return of the
may be made at night when it is same to the Chinese nationals?
positively asserted in the affidavit
Explain your answer. (3%)
that the property is on the person or
in the place ordered to be searched SUGGESTED ANSWER:
(Alvares vs. CFI of Tayabas, 64 Phil.
33). There is no showing that the No, the court should not order the
exception applies. return of the unlicensed armalite

because it is contraband or illegal per
Suppose the search warrant was se. (PDEA vs. Brodett, G.R. No.
served on March 15, 2012 and the
25
196390, September 28, 2011). that the latter is preventively
The possession of an unlicensed detained, either because he is
armalite found in plain view is mala charged with a bailable crime but has
prohibita. The same should be kept in no means to post bail, or, is charged
custodial legis. with a non-bailable crime, or, is
serving a term of imprisonment in
any penal institution, it shall be his
Trial; Remedies (2013) duty to do the following:
No.IV. At the Public Attorney's Office Shall promptly undertake to

station in Taguig where you are obtain the presence of the prisoner
assigned, your work requires you to act for trial or cause a notice to be
as public defender at the local Regional
served on the person having custody
Trial Court and to handle cases
of the prisoner requiring such person
involving indigents.
to so advise the prisoner of his right
to demand trial.
In one criminal action for qualified
theft where you are the defense
Upon receipt of that notice, the
attorney, you learned that the woman
custodian of the prisoner shall
accused has been in detention for six
promptly advise the prisoner of the
months, yet she has not been to a
charge and of his right to demand
courtroom nor seen a judge.
trial. If at any time thereafter the
prisoner informs his custodian that
What remedy would you undertake to
he demands such trial, the latter
address the situation and what forum
shall cause notice to that effect to be
would you use to invoke this relief? (3%)
sent promptly to the public attorney.
SUGGESTED ANSWER:
Xxx
Section 7, Rule 119 provides, if the
Moreover, Section 1 (e), Rule 116
public attorney assigned to defend a
provides, when the accused is under
person charged with a crime knows
preventive detention, his case shall
26
be raffled and its records ALTERNATIVE ANSWER:
transmitted to the judge to whom the
A Petition for Mandamus is also
case was raffled within the three (3) feasible.
days from the filing of the
information or complaint. The In People vs. Lumanlaw, G.R. No.
accused shall be arraigned within ten 164953, February 13, 2006, the
days from the date of the raffle. Supreme Court held that “a writ of
The pre-trial conference of his case mandamus may be issued to control
shall be held within ten (10) days the exercise of discretion when, in
after the arraignment. the performance of duty, there is
undue delay that can be
On the other hand, if the accused is characterized as a grave abuse of
not under preventive detention, the discretion resulting in manifest
arraignment shall be held within injustice. Due to the unwarranted
thirty delays in the conduct of the
days from the date the court arraignment of petitioner, he has
acquires jurisdiction over the person indeed the right to demand – through
of the accused. (Section 1 (g), Rule a writ of mandamus – expeditious
116). action from all official tasked with
the administration of justice. Thus,
Since the accused has not been
he may not only demand that his
brought for arraignment within the
arraignment be held but, ultimately,
limit required in the aforementioned
that the information against him be
Rule, the Information may be
dismissed on the ground of the
dismissed upon motion of the
violation of his right to speedy trial.”
accused invoking his right to speedy
trial (Section 9, Rule 119( or to a Ergo, a writ of mandamus is available
speedy disposition of cases (Section to the accused to compel the
16, Article III, 1987 Constitution).
dismissal of the case.
27
ALTERNATIVE ANSWER: SUGGESTED ANSWER:
The appropriate remedy of the I will file a motion to dismiss the

detained accused is to apply for bail information in the court where the
since qualified theft is bailable, and case is pending on the ground of
she is entitled to bail before denial of the accused right to speedy
conviction in the Regional Trial trial (Section 9, Rule 119; Tan vs.
Court (Section 4, Rule 114 of the People, G.R. No. 173637, April 21,
Rules of Criminal Procedure). 2009, Third Division, Chico-Nazario,
J.). this remedy can be invoked, at
[Note: unless the aggregate value of
any time, before trial and if granted
the property stolen is P500,000 and
will result to an acquittal. Since the
the above she will not be entitled to
accused has been brought to Court
bail as a matter of right, because the
five times and in each instance it was
penalty for the offense is reclusion
postponed, it is clear that her right
perpetua pursuant to Memorandum
to a Speedy Trial has been violated.
Order No. 117].
Moreover, I may request the court to
In another case, also for qualified theft,
issue Subpoena Duces Tecum and Ad
the detained young domestic helper has
Testificandum to the witness, so in
been brought to court five times in the
case he disobeys same, he may be
last six months, but the prosecution
cited in contempt.
has yet to commence the presentation of
its evidence. You find that the reason I may also file a motion to order the
for this is the continued absence of the witness employer-complainant to
employer-complainant who is working post bail to secure his appearance in
overseas. court. (Section 14, Rule 119).
What remedy is appropriate and before

which forum would you invoke this
relief? (3%)
28
days from the time the prosecution
ALTERNATIVE ANSWER:
has rested its case. If the Motion is
granted, I will file a demurrer to
I will move for the dismissal of the
evidence within a non-extendible
case for failure to prosecute. The
period of ten (10) days from notice on
grant of the motion will be with
prejudice unless the court says the ground of insufficiency of
otherwise. The Motion will be filed evidence. In the alternative, I may

immediately file a demurrer to
with the Court where the action is
evidence without leave of court
pending.
(Section 23, Rule 119, Rules of
Still in another case, this time for Criminal Procedure).
illegal possession of dangerous drugs,
the prosecution has rested but you saw In People vs. De Guzman, G.R. No.
from the records that the illegal 186498, March 26, 2010, the
substance allegedly involved has not Supreme Court held that in a
been identified by any of the prosecution for violation of the
prosecution witnesses nor has it been Dangerous Drugs Act, the existence
the subject of any stipulation. of the dangerous drugs is a condition

sine qua non for conviction. The
Should you now proceed posthaste to dangerous drug is the very corpus
the presentation of defense evidence or delicti of the crime.
consider some other remedy? Explain
the remedial steps you propose to Similarly, in People vs. Sitco, G.R.
undertake. (3%) No. 178202, May 14, 2010, the High

Court held that in prosecutions
SUGGESTED ANSWER: involving narcotics and other illegal
substances, the substance itself
No. I will not proceed with the
constitutes part of the corpus delicti
presentation of defense evidence. I
of the offense and the fact of its
will first file a motion for leave to file
existence is vital to sustain a
demurrer to evidence within five (5)
29
judgment of conviction 10630, a child in conflict with the
beyond reasonable doubt. law has the right to bail and
recognizance or to be transferred to a
In one other case, an indigent mother
youth detention home/youth
seeks assistance for her 14-year old son
rehabilitation center. Thus: Where a
who has been arrested and detained for
child is detained, the court shall
malicious mischief.
order:
Would an application for bail be the

The release of the minor on
appropriate remedy or is there another
recognizance to his/her parents and
remedy available? Justify your chosen
other suitable person;
remedy and outline the appropriate
steps to take. (3%) The release of the child in conflict
with the law on bail; or
SUGGESTED ANSWER:
The transfer of the minor to a
Yes. An application for bail is an
youth detention home/youth
appropriate remedy to secure
rehabilitation center. The court shall
provisional liberty of the 14-year old
not order the detention of a child in a
boy. Under the Rules, bail is a matter
jail pending trial or hearing of his
of right before or even after
case. The writ of habeas corpus shall
conviction before the Metropolitan
extend to all cases of illegal
Trial Court, which has jurisdiction
confinement or detention by which
over the crime of malicious mischief.
any person is deprived of his liberty,
(Section 4, Rule 114 of the Rules of
or by which the rightful custody of
Criminal Procedure).
any person is withheld from the
person entitled thereto (IN THE
ALTERNATIVE ANSWER:
MATTER OF THE PETITION OF
Under R.A. 9344 or otherwise known HABEAS CORPUS OF EUFEMIA E.
as the Juvenile Justice and Welfare RODRIGUEZ, filed by EDGARDO E.
Act of 2006 as amended by R.A. VELUZ vs. LUISA R.
30
VILLANUEVA and TERESITA Trial; Reverse Trial (2007)
R. PABELLO, G.R. No. 169482,
No.V. (b) What is reverse trial and when
January 29, 2008, CORONA, J.).
may it be resorted to? Explain briefly.
Since minors fifteen (15) years of age (5%)
and under are not criminally
responsible, the child may not be SUGGESTED ANSWER:
detained to answer for the alleged

A reverse trial is one where the
offense. The arresting authority has
defendant or the accused present
the duty to immediately release the
evidence ahead of the plaintiff or
child to the custody of his parents or
prosecution and the latter is to
guardians or in their absence to the
present evidence by way of rebuttal
child‟s nearest relative (Section 20,
to the former‟s evidence. This kind
republic Act 9344).
of trial may take place in a civil
Following the hierarchy of courts, the case when the defendant‟s answer
Petition must be filed in the Regional pleads new matters by way of
trial Court having jurisdiction over affirmative defense, to defeat or
the place where the child is being evadeliability for plaintiff‟s claim
detained. which is not denied but controverted.
[Note: R.A. 9344 is not covered by

the 2013 Bar Examination Syllabus
In a criminal case, a reverse trial may
for Remedial law].
take place when the accused made
known to the trial court, on
arraignment, that he adduce
affirmative defense of a justifying or
exempting circumstances and thus
impliedly admitting the act imputed
to him. The trial court may then
require the accused to present
31
evidence first, proving the SUGGESTED ANSWER:
Yes, L can file a petition for
requisites of the justifying or
mandamus to enforce his
exempting circumstance he is
constitutional right to a speedy trial,
invoking, and the prosecution to
which was capriciously denied to
present rebuttal evidence
him.
controverting the same.
There is absolutely no justification

for postponing an arraignment of the
Trial; Speedy Trial (2007)
accused nineteen (19) times and over
No.IX. L was charged with illegal a period of two (2) years. The
possession of shabu before the RTC. numerous, unreasonable
Although bail was allowable under his postponements of the arraignment
indictment, he could not afford to post demonstrate an abusive exercise of
bail, and so he remained in detention at discretion (Lumanlaw v. Peralta, 482
the City Jail. For various reasons SCRA 396 [2006]). Arraignment of an
ranging from the promotion of the accused would not take thirty
Presiding Judge, to the absence of the minutes of the precious time of the
trial prosecutor, and to the lack of court, as against the preventive
notice to the City Jail Warden, the imprisonment and deprivation of
arraignment of L was postpones liberty of the accused just because he
nineteen times over a period of two does not have the means to post bail
years. Twice during that period, L’s although the crime charged is
counsel filed motions to dismiss, bailable.
invoking the right of the accused to
The right to a speedy trial is
speedy trial. Both motions were denied
guaranteed by the Constitution to
by the RTC. Can L file a petition for
every citizen accused of a crime,
mandamus. Reason briefly.
more so when is under preventive
imprisonment. L, in the given case,
was merely invoking his
32
constitutional right when a Trial; Trial in Absentia (2010)
motion to dismiss the case was twice
No. XIX. (1) Enumerate the requisites of
filed by his counsel. The RTC is
a "trial in absentia " (2%) and a
virtually enjoined by the fundamental
"promulgation of judgment in absentia"
law to respect such right; hence a
(2%).
duty. Having refused or neglected to
discharge the duty enjoined by law
whereas there is no appeal or any SUGGESTED ANSWER:
plain, speedy, and adequate remedy
The requisites of a valid trial in
in the ordinary course of law, the
absentia
remedy of mandamus may be availed
are: (1) accused‟s arraignment; (2)
of. his
due notification of the trial; (3) his
unjustifiable failure to appear during
trial (Bernardo vs. People, G.R. No.
166980, April 4, 2007).
The requisites for a valid

promulgation of judgment are:
A valid notice of promulgation of

judgment;
Said notice was duly furnished to

the accused personally or thru
counsel;
Accused failed to appear on the

scheduled date of promulgation of
judgment despite due notice;
33
Such judgment be recorded in the

criminal docket;

Copy of said judgment had been
duly served upon the accused or his
counsel.
Name two instances where the trial

court can hold the accused civilly liable
even if he is acquitted. (2%)
SUGGESTED ANSWER:
The instances where the civil liability

is not extinguished despite the
acquittal of the accused where:
The acquittal is based on

reasonable doubt;
Where the court expressly

declares that the liability of the
accused is not criminal but only civil
in nature; and
Where the civil liability is not

derived from or based on the criminal
act of which the accused is acquitted
(Remedios Nota Sapiera vs. Court of
Appeals, September 14, 1999).
34

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Rodna

Jema Gremille R. Alenton

Actions; Commencement of an No.III. While in his Nissan Patrol and

SUGGESTED ANSWER: insurance. Gary suffered physical

proper court on the basis of the would proceed criminally against

arresting officer or person (Section 6, jurisdiction over the case. (3%)

Rule 112 of the Revised Rules of

If Gary chooses to file an File the criminal case without need

independent civil action for damages, of reserving the independent civil

explain briefly this type of action: its action.

legal basis; the different approaches in

I will also present proof of

The types of defenses that may be

No.II. Yvonne, a young and lonely OFW,

Moreover, substantive law (Art. 33,

proceed independently of each other,

witnessed during the incident. X’s company, he learned that a one-way

lawyer wanted to cross-examine Atty. L airplane ticket was purchased online

lawyer-client privilege. Rule on the in mid-August 2008. Upon extensive

objection. (2%) inquiry with the airline company, Dante

then, the airline company should be

Suppose an Information is filed

entertain his petition? Why or why not? (2009)

(5%) No.XI.A. The accused in a criminal case

No, the court may not entertain his SUGGESTED ANSWER:

ALTERNATIVE ANSWER: after obtaining permission from the

Modes of discovery under civil accused gave unwarranted benefits to

other duties assigned to him by the court, which ordered the

Ombudsman (Calingin vs. Desierto, reinvestigation, the Office of the

529 SCRA 720 [2007]). Special Prosecutor, which is handling

should be conducted and thereafter a jurisdiction over the persons of the

without the requisite preliminary SUGGESTED ANSWER:

Res Judicata in Prison Grey (2010)

No.XVII. What is "res judicata in prison

“Res judicata in prison grey” is the

Described as “res judicata in prison

shabu. If you are the judge, how would apprehended him.

Although the arrest came after the

No.VI. A PDEA asset/informant tipped What documents should he prepare

Describe the procedure that should

The search warrant failed to

exception applies. return of the unlicensed armalite

No.IV. At the Public Attorney's Office Shall promptly undertake to

ALTERNATIVE ANSWER: SUGGESTED ANSWER:

The appropriate remedy of the I will file a motion to dismiss the

What remedy is appropriate and before

otherwise. The Motion will be filed evidence. In the alternative, I may

substance allegedly involved has not Supreme Court held that in a

been identified by any of the prosecution for violation of the

the subject of any stipulation. of the dangerous drugs is a condition

undertake. (3%) No. 178202, May 14, 2010, the High

Would an application for bail be the

detained to answer for the alleged

[Note: R.A. 9344 is not covered by

There is absolutely no justification

The requisites for a valid

A valid notice of promulgation of

Said notice was duly furnished to

Accused failed to appear on the

Such judgment be recorded in the

Name two instances where the trial

The instances where the civil liability

The acquittal is based on