REMEDIAL LAW REVIEW II

Perez, Faye Jennifer P.

Rule 110- PROSECUTION OF OFFENSES

1. How are criminal actions instituted?
2. What is the effect of the institution of criminal action?
3. If the prosecution of private crimes was made by an information filed by the prosecutor
rather than by a complaint by the offended party, may the information be quashed? If
so, on what ground?
4. What are the requisites before a private prosecutor may prosecute a criminal action?
5. If the victim in seduction, abduction, and acts of lasciviousness is a minor who refuses
to file a complaint or an incompetent, who has the right to file criminal complaint
against the offender?
6. May the offended party in a crime of adultery or concubinage file a complaint against
only one of the guilty parties?
7. When is a complaint or information sufficient?
8. What is the effect in the information and the warrant if all the accused is named as
John Does?
9. May a qualifying or aggravating circumstance which was not alleged in the
information but was proved during the trial be considered in imposing a penalty?
10. When must the place and time of the commission of the offense be stated with
particularity?
11. Can a complaint or information charge more than one offense?
12. What is the exception to the rule that a complaint or information must charge only one
offense?
13. Distinguish amendment of information from substitution of information
14. What is the rule regarding amendment of a complaint or information?
15. What are formal amendments?
16. What are substantial amendments?
17. Define substitution of the complaint or information.
18. In substitution, shall the accused be discharged from custody?
19. What is the venue of criminal actions involving cybercrime offenses?
20. What is the rule on the place where the criminal action shall be instituted?

Rule 111- PROSECUTION OF CIVIL ACTIONS

1. State the rule on implied institution of the civil action with the criminal action.
2. State the rule on filing fees on the civil action deemed instituted with the criminal
action.
3. May a counterclaim, cross-claim, or third-party complaint be filed in the criminal case?
4. What is the rule with the civil action if a BP 22 case is filed?
5. What is the rule on consolidation of civil action with criminal action?
6. Up to when may the offended party reserve the right to institute separately the civil
action?
7. When is the separate civil action suspended?
8. Does the extinction of the penal action carry with it the extinction of the civil action?
9. What are the instances where the extinguishment of the criminal liability does not
result in the extinguishment of the civil liability?
10. What are the instances where the extinguishment of the criminal liability results in the
extinguishment of the civil liability?
11. What is the effect of the commencement of criminal action upon the prescriptive
period of the civil action?
12. What are the instances when the civil action for the recovery of the civil liability arising
from the offense charged may proceed independently?
13. Is a reservation required in order to bring an independent civil action?
14. What is the effect of the accused’s death on the separate civil action?
15. When may the heirs of the accused be substituted?
16. What is the effect on the criminal action if a final judgment is rendered in the civil
action absolving the defendant from civil liability?
17. What is a prejudicial question?
18. What are the elements of a prejudicial question?
19. What is the effect of a prejudicial question?
20. Where may the petition for suspension by reason of prejudicial question be filed?

Rule 112 – PRELIMINARY INVESTIGATION

1. What is preliminary investigation?
2. When is preliminary investigation required?
3. What is the purpose of preliminary investigation?
4. Who are the officers authorized to conduct preliminary investigations?
5. Give examples of other officers who are authorized by law to conduct preliminary
investigation.
6. What is the effect if the information is filed by someone not authorized by law?
7. What is the effect of an incomplete preliminary investigation?
8. Outline in brief the procedure in conducting preliminary investigation.
9. May the investigating prosecutor resolve the complaint even if the respondent cannot
be subpoenaed?
10. Is the respondent in a preliminary investigation entitled to be furnished with the
counter-affidavits of his co-respondents?
11. Is hearsay admissible in determining probable cause in a preliminary investigation?
12. What happens when the investigating prosecutor recommends the dismissal of the
complaint but his recommendation is disapproved by the provincial or city prosecutor
or chief state prosecutor or the Ombudsman is his deputy on the ground that probable
cause exists?
13. What is the remedy of the proper party who is aggrieved by a resolution of the
provincial or city prosecutor or chief state prosecutor?
14. When is a warrant of arrest unnecessary?
15. Does the record of the preliminary investigation form part of the record of the case?
16. What is the remedy of the accused if he is not afforded a preliminary investigation?
17. What are the remedies of the accused where the information was filed without a
preliminary investigation being conducted?
18. What is an inquest?
19. When a person is lawfully arrested without a warrant for an offense which requires a
preliminary investigation, may the complaint or information be filed in court by the
prosecutor without need of a preliminary investigation?
20. May the person arrested without a warrant ask for a preliminary investigation?

Rule 113 - ARREST

1. Define arrest.
2. What are the elements of arrest?
3. Who may issue warrant of arrest?
4. What are the essential requisites of a valid warrant of arrest?
5. What is the remedy for warrants improperly issued?
6. How is arrest made?
7. What is the duty of the arresting officer?
8. What is the period for the execution of the warrant?
9. When may warrantless arrest be lawfully made?
10. What are the elements of hot pursuit arrest?
11. What does personal knowledge mean in a hot pursuit arrest?
12. What is the rule on the time of making arrest?
13. What is the method of arrest by a peace officer by virtue of a warrant?
14. Must the officer have the warrant in his possession at the time of the arrest?
15. What is the method of arrest by an officer without a warrant?
16. What is the method of arrest by a private person?
17. When may an officer summon assistance?
18. What are the requisites before an officer can break into a building or enclosure to
make an arrest?
19. Can a private person making an arrest break in or out of a building or enclosure?
20. What is the rule when a person lawfully arrested escapes or is rescued?

Rule 114 - BAIL

1. Define bail.
2. What are the forms of bail?
3. May witnesses be required to post bail?
4. Is arraignment required before granting bail?
5. When is bail a matter of right?
6. When is admission to bail discretionary?
7. When should bail be denied?
8. Give the rule on bail when the accused is charged with an offense punishable by
death, reclusion perpetua, or life imprisonment.
9. In a murder case, the prosecution did not raise any objection to the accused’s
application for bail. May the judge grant bail without a hearing?
10. What are the guidelines for the judge in fixing the amount of bail?
11. When is bail not required?
12. When may a person be released on a reduced bail or on his own recognizance?
13. When may a person be released on recognizance?
14. Once the accused is admitted to bail, may the court increase or reduce its amount?
15. Where is bail filed?
16. When may the bail of the accused be ordered forfeited?
17. Is the judgment of forfeiture appealable?
18. When may bail be cancelled?
19. Will an application for bail or admission thereto bar objections to illegal arrest or to
lack of or irregularity of the preliminary investigation?
20. When may a hold-departure order (HDO) be issued?
21. Is bail allowed after final judgment? Is there an exception?

Rule 115 – RIGHTS OF THE ACCUSED

1. What are the rights of the accused at the trial?
2. What does reasonable doubt mean?
3. What is Equipoise Rule?
4. What are the means of informing the accused of the cause of accusations against
him?
5. What is the rule regarding the right of the accused to be informed of the nature and
cause of accusation against him?
6. What is the rule regarding the right of the accused to be present and defend in person
and by counsel at every stage of the proceeding?
7. In what instances is the presence of the accused mandatory?
8. What are the requirements of the waiver of the accused to be present during the trial?
9. What are the effects of the waiver of the right to appear by the accused?
10. What is trial in absentia?
11. What are the requirements for trial in absentia?
12. What is the difference between the right to counsel during arraignment and during
trial?
13. What are the rights of a person under custodial investigation?
14. What is the difference between the right to counsel during custodial investigation and
during trial?
15. What is the Right Against Self-Incrimination?
16. What is an incriminating question?
17. Differentiate between Use Immunity and Transactional Immunity.
18. What is the effect of the refusal of the accused to testify?
19. What are the remedies available to the accused when his right to speedy trial is
violated?
20. What are the rights of the accused that are waivable?

Rule 116 – ARRAIGNMENT AND PLEA

1. What is arraignment?
2. Where and how is arraignment made?
3. May the reading of the information be waived?
4. What is a plea?
5. When and how is the plea made?
6. When shall a plea of not guilty be entered for the accused?
7. Is the private offended party required to appear at the arraignment?
8. What is the consequence if the offended party fails to appear at the arraignment
despite due notice?
9. What is plea bargaining?
10. What are the requisites for the accused to enter a plea of guilty to a lesser offense?
11. May the accused plead guilty to a lesser offense which is not necessarily included in
the crime charged?
12. May the accused plead guilty to a lesser offense which is cognizable by a court of
lesser jurisdiction than the trial court?
13. What should the court do when the accused pleads guilty to a capital offense?
14. When the accused pleads guilty to a capital offense, may he still present evidence in
his behalf?
15. What the court may do when the accused pleads guilty to a non-capital offense?
16. Differentiate the rule when the accused pleads guilty to a capital offense versus when
the accused pleads guilty to a non-capital offense as to the reception of evidence.
17. What is an improvident plea?
18. What is the effect of an improvident plea?
19. May a plea of guilty be withdrawn and be substituted by a plea of not guilty?
20. What are the grounds for the suspension of the arraignment?

Rule 117 - MOTION TO QUASH

1. What is a Motion to Quash?
2. What is the rule on the time to move to quash?
3. Differentiate between Motion to Quash and Demurrer to Evidence.
4. What are the form and contents of a Motion to Quash?
5. May a court consider a ground other than those stated in the Motion to Quash?
6. What are the grounds of a Motion to Quash?
7. What is Omnibus Motion Rule?
8. What shall the court do if the Motion to Quash is based on the ground that the facts
charged do not constitute an offense?
9. What is the effect if the court sustains the Motion to Quash?
10. What is double jeopardy?
11. What are the requisites of double jeopardy?
12. When does a dismissal, even with the express consent of the accused, be considered
as acquittal?
13. What are the instances where the conviction of the accused does not bar another
prosecution for an offense which necessarily includes the offense charged in the
former complaint or information?
14. What is the rule on provisional dismissal?
15. What are the requisites of a provisional dismissal?
16. When does a provisionally dismissed case become permanent?
17. How is a criminal case revived after a provisional dismissal?
18. What is the remedy of the accused if the criminal case is refiled after the provisional
dismissal has become permanent?
19. Distinguish a Motion to Quash from a Provisional Dismissal.
20. What is the rule when an accused failed to move to quash?

Rule 118 – PRE-TRIAL

1. Is pre-trial mandatory in criminal cases?
2. What are the purposes of pre-trial?
3. Distinguish pre-trial in criminal cases from pre-trial in civil cases.
4. What matters shall be considered during the pre-trial?
5. What is the requirement for agreements and admissions made or entered during the
pre-trial conference?
6. What is the consequence of the non-appearance of counsel at the pre-trial
conference?
7. When shall the court issue a pre-trial order?
8. What are the contents and effects of pre-trial order?
9. What criminal cases shall be referred to mediation on the civil liability thereof?
10. When shall the criminal cases be referred to the Philippine Mediation Center (PMC)
Unit?
11. When shall the mediation be terminated?
12. Shall the cases subject to the Ruled on Summary Procedure be referred to
mediation?
13. May criminal cases for violation of RA 9262 be referred to mediation?

Rule 119 –TRIAL

1. What is trial?
2. What is the time limit within which the accused must be brought to trial?
3. What is the limitation of the trial period?
4. What are the instances which should be excluded in in computing the time within
which trail must commence?
5. What is the time limit following an order for new trial?
6. What are the public attorney’s duties where accused is imprisoned?
7. What is the remedy where the accused is not brought to trial within the time limit?
8. Describe briefly the order of trial.
9. What is reverse trial?
10. What is the remedy if the material witness will not be able to testify during the trial?
11. What are the requisites of the examination of the witness for the prosecution?
12. Differentiate examination of the defense witness from that of the prosecution witness.
13. What is the viatory right of witness?
14. What is the rule on the trial of several accused?
15. What are the requisites for the discharge of an accused to be utilized as a state
witness?
16. What is the effect of the discharge of the accused?
17. After being discharged, can the discharged accused be reincluded as one of the
accused?
18. Distinguish between The Witness Protection Program of RA 6981 and Section 17 or
Rule119.
19. What is the rule on demurrer to evidence in criminal cases?
20. What is the remedy of the accused if his demurrer is denied?

Rule 120 – JUDGEMENT

1. What is a judgment?
2. What are the requisites of a valid judgment?
3. What is the remedy if judgment is not put in writing?
4. What are the contents of a judgment?
5. What is the rule if the judgment is for two or more offenses?
6. What is the rule on the judgment in case there is a variance between the allegation
and the proof?
7. What is promulgation of judgment?
8. How is judgment promulgated?
9. Who may promulgate the judgment?
10. What is the exception to the rule that the judgment shall be promulgated by reading
it in the presence of the accused and the judge?
11. How is the judgment promulgated if the accused is confined or detained in another
province or city?
12. How is the notice of the promulgation given to the accused?
13. How should the judgment be promulgated if the accused fails to appear at the
scheduled date of the promulgation despite notice?
14. What is the recourse of the accused who has lost his remedies for failure to appear
during the promulgation of the judgment or conviction?
15. What are the remedies available against a judgment that has not become final yet?
16. When does a judgment become final?
17. When may a judgment be modified?
18. How is entry of judgment made?
19. What is mittimus?
20. What is the rule on suspension of sentence for youthful offenders?

Rule 121 – NEW TRIAL OR RECONSIDERATION

1. Who files a motion for new trial or reconsideration?
2. May the court grant new trial or reconsideration even if the accused did not file a
motion?
3. When may the court grant a new trial or reconsideration?
4. May the prosecution move for the reconsideration of a judgment of conviction?
5. Differentiate between motion for reconsideration and motion for new trial.
6. Differentiate between new trial and reopening of case.
7. What are the grounds for new trial?
8. What are the requisites before a new trial may be granted on the ground of newly
discovered evidence?
9. What is recantation? Is it a ground for new trial?
10. Differentiate between recantation and desistance.
11. May errors or ignorance of counsel be a ground for new trial or reconsideration?
12. What are the grounds for reconsideration?
13. What is the required form of motion for new trial or reconsideration?
14. What is the purpose of hearing the motion for new trial or reconsideration?
15. What are the effects of granting a new trial or reconsideration?
16. Is an order granting or denying new trial appealable?
17. What is the “Neypes Rule”?

Rule 122-125 – APPEAL

1. Who may appeal?
2. When shall appeal be taken?
3. What is the effect of an appeal?
4. Distinguish between Final Judgment and Final Order.
5. Distinguish between Appeal of a Judgment and Appeal of an Order.
6. What is the rule on the authority of the prosecutor to act during appeal?
7. To what court may an appeal be taken?
8. May the prosecution appeal a judgment of acquittal?
9. Can the accused appeal a judgment of acquittal?
10. How is an appeal taken?
11. What is the remedy of an aggrieved party in a criminal case from the trial court’s order
granting a motion to withdraw information?
12. What are the modes of review recognized by the Rules of Court?
13. How is Notice of Appeal served?
14. What is the effect of perfection of appeal with regard to the jurisdiction of the court?
15. What is the effect of failure to serve a copy of the notice of appeal to the prosecutor?
16. What is the period of transmission of papers to appellate court upon appeal?
17. What are the effects of appeal by any of several accused?
18. B, C, D, and E were convicted by the RTC. B appealed but C, D, and E did not. Will
the appeal of B affect C, D, and E?
19. A, B, C, and D were convicted by the RTC of homicide for the killing of X. C and D
appealed to the Court of Appeals which found them guilty of murder instead, om a
finding that all of the accused employed treachery. May A and B be found guilty of
murder also?
20. In an information convicting them of murder, policemen A, B, and C were convicted
of homicide. A appealed from the decision but B and C did not. B started serving his
sentence but C escaped and is at large. In the Court of Appeals, A applied for bail but
was denied. Finally the Court of Appeals rendered a decision acquitting A on the
 ground that the evidence pointed to the NPA as the killers of the victim. Can B and C
be benefited by the decision of the Court of Appeals?
21. When may appeal be withdrawn?
22. What is the procedure to be observed in Metropolitan Trial Courts, Municipal Trial
Courts and Municipal Circuit Trial Courts?
23. What are the instances when an accused can be given a Counsel de Officio on
appeal?
24. When is a brief for the appellant and the appellee be filed?
25. Is an extension of time for filing briefs allowed?
26. What are the contents of an appellant’s brief?
27. What are the grounds for the dismissal of an appeal?
28. What is the effect if an appellant escapes from prison or confinement?
29. What is the rule on modification or reversal of judgment entered by the trial court?
30. What is the scope of judgment by the Court of Appeals?
31. Is a 2nd motion for reconsideration allowed?
32. Is Rule 47 (Annulment of Judgment) applicable to criminal cases?
33. What is question of law? Question of fact?
34. What is the procedure to be observed in the Supreme Court?
35. What is the rule if the Supreme Court en banc is equally divided in opinion?

Rule 126 – SEARCH AND SEIZURE

1. What is a search warrant?
2. What are the elements of a search warrant?
3. What is the nature of a search warrant?
4. Differentiate between warrant of arrest and search warrant.
5. What is a general warrant?
6. What is a Scatter-Shot Search Warrant?
7. Where shall application for search warrant be filed?
8. A search warrant was issued by the RTC of Manila. May the search warrant be
enforced in Davao City?
9. Where shall an application for a cybercrime warrant be filed?
10. What are the kinds of property to be seized by virtue of a warrant?
11. In a search incidental to an arrest without a warrant, may the person arrested be
searched for anything?
12. May a justice of a collegial court issue a search warrant?
13. What are the requisites for issuing a search warrant?
14. How shall the judge make the personal determination of probable cause?
15. In order to determine whether the search warrant particularly describes the place to
be searched and the things to be seized, may the application for search warrant and
its supporting documents which were incorporated by reference to the search warrant
be taken into consideration?
16. In whose presence shall the search of a house, room, or other premises be made?
17. When the police searched the bedroom of accused spouses, the latter were not
present as they were in the sala of the house. The police found marijuana in the
 bedroom. During the trial, the accused did not object to the admissibility of the
marijuana seized but only raised it in their motion for reconsideration of the judgment
of conviction. May the seized marijuana be used in evidence against the accused?
18. What is the period of validity or effectivity of a search warrant?
19. What are the exceptions to the rule that a search or seizure must be authorized by a
warrant?
20. What is Immediate Control Test?
21. What are the requisites of Plain View?
22. What is Stop and Frisk?
23. What are the elements of Valid Consent Search?
24. Who may question the validity of a search and seizure?
25. What are the remedies for an unlawful search?
26. Where shall the motion to quash the search warrant and/or to suppress evidence be
filed?

Rule 127 – PROVISIONAL REMEDIES

1. What are of provisional remedies?
2. What is the purpose of provisional remedies?
3. May provisional remedies be availed of in criminal cases?
4. What provisional remedies are available in criminal cases?
5. What is the purpose of provisional remedies?
6. What is attachment?
7. May the offended party avail of the provisional remedy of preliminary attachment
against the accused?
8. Can the public prosecutor apply for preliminary attachment?
9. What are the cases wherein attachment is available?
10. In a BP 22 case, may the private complainant avail of preliminary attachment on the
ground that the check used to pay a pre-existing obligation bounced?
11. When are the provisional remedies not available?
12. As a rule, courts may not grant an application for provisional remedy without
complying with the requirements of notice and hearing. What is the exception to the
rule?