Criminal Procedure P2 Examination

1. A filed a case for libel, because A’s reputation was maligned in a newspaper whose publication is
known within Cagayan de Oro City, B’s, was convicted before the Regional Trial Court of
Cagayan de Oro City, B, appealed in his defense B interposed that the prosecution failed to
established where the newspaper was first published and printed, thus conviction should be set
aside, if you were the judge, would you affirm or deny the appeal? And Why?

2. May the prosecution appeal the acquittal of the accused in a criminal case? And why?

3. An accused was acquitted because his guilt was not proven beyond reasonable doubt, but the
court made him pay civil damages to the victim, the accused appealed ruling of the court, because
it is inconsistent with the decision, is the judge correct or not? And why?

4. For the third time, the private complainant did not appear despite notice, can the case be
dismissed by the court, and why?

5. In the prosecution of drug case, C moved that he will avail the plea bargaining agreement, the
prosecutor opposed the same, despite of such, the court approved the plea bargaining, Is the court
correct in approving the plea bargaining without the consent of the prosecutor?

6. The police officer knowing that A has a tokhang record before the barangay, so they conducted a
buy bust operation for him, indeed the police were able to recover from him, 5 sachets believed to
be shabu, on their way to the police station, since it is already noon they stopped by a store to eat,
after which they turned over the accused to the police station, the accused was acquitted due to
the doctrine of chain of custody, What is the rule on chain of custody?

7. X is an employee of ABC Corporation. She was asked to collect a check from a client and
thereafter remit the said check to ABC Corp. X did as told. However, instead of remitting the
check to the Corp., X deposited the amount to his own account but the check bounced because for
insufficient funds. The Corporation filed a case of qualified theft against X. before the MTC, is
the case of X cognizable before the MTC? If you are the judge will you convict X, if yes what
crime?

8. What if A raped B, B filed a case of rape against A, during the trial of the merits of the case,
while B was testifying on cross examination, B admitted that she was not sure if it was a full or
complete penetration. Because of this testimony, an admission made by B, the victim, that she
was not sure a penetration was complete, the judge convicted the accused only of frustrated rape.
Is the judge correct? Why?

9. A criminal case for murder was filed before RTC against A the neighbor B, for killing B’s
relative, A on motion filed dismissal to the case considering that they had not undergone
Barangay proceeding, if you are the judge how would you rule on the motion?

10. A filed a case for RA 9262 (VAWC) with support against B her husband before Barangay, the
Barangay refused to take cognizance of the case, because it is not within their authority, is the
barangay correct? Why?