FINAL EXAMINATION

Criminal Procedure Special Class

October 30, 2020

Answer the following.

1. A was killed by B during a quarrel in a nightclub. Two (2) days after the incident and upon
complaint of the widow of A, the police arrested B without a warrant of arrest and searched his
house without a search warrant. Is the Arrest of B legal? Why?
2. If a case was filed in the Regional Trial Court (RTC) Bacolod charging John Doe with homicide
and he was arrested in Himamaylan City, in what courts may John Doe apply for bail? Explain
your answer.
3. When is bail a matter of right and when is it a matter of discretion?
4. What is double jeopardy?
5. What is Prejudicial Question?
6. How is Pre-trial in criminal case conducted? Is it mandatory?
7. What are the requisites of a trial in absencia?
8. Where is the proper venue for the filing of an Information in the following cases?
a. The Theft of a car in Himamaylan City which was brought to La Carlota City where it was
cannibalized?
b. The Theft of X a bill collection of Dungganon with the main offices in Bacolod City of his
collection from customers in Himamaylan City. In the contract of employment, X was
assigned to Kabankalan branch office where he was to turn in his collection?
9. In a buy-bust operation, the police operatives arrested the accused and seized from him a
sachet of shabu and an unlicensed firearm. The accused was charged in two (2) Informations,
one for violation of Dangerous Drug Act and another for illegal possession of firearms. The
accused filed an action for recovery of firearm. He alleged that he was a military informer who
had been issued a written authority to carry said firearm. Was the seizure of firearm valid?
10. Cardo was arrested without a warrant by policemen while he was walking in a busy street. After
preliminary investigation, he was charged with rape and the corresponding information was
filed in the RTC Himamaylan City. On arraignment, he pleaded not guilty. Trial on the merits
proceeded. The Judge rendered judgment convicting him. Was the arrest valid? Can he claim
on appeal that the judgment was void because he was illegally arrested?

Place your answer in a sheet of paper and submit hard copies together with your activities,
quizzes and midterm exams.

Good Luck!