UNIVERSITY OF THE CORDILLERAS

Baguio City, Philippines

COLLEGE OF LAW Final Exam
CRIMINAL PROCEDURE December 2021

INSTRUCTION: Write your answers on yellow ruled pad papers,

8.5’’ by 13”. When you are finished, e-mail your answers to Antonio
Surait at antonio_surait@yahoo.com not later than 8:15 o’clock in the
evening of December 13, 2021.

Write True if the statement is correct, and False if it is wrong

and explain why it is false. Right minus wrong.

1. The Secretary of Justice has authority to review the decisions

of the municipal trial courts in criminal cases.

2. When a judgment of conviction becomes final after the

expiration of the period to appeal, the accused may still be allowed to
post bail.

3. If an information for homicide is filed against the accused in

the regional trial court and the accused has already pleaded to the
charge, the prosecution may still amend the information to allege
nighttime as an aggravating circumstance provided there is leave of
court.

4. The offended party may institute a separate civil action for

the recovery of civil liability arising from quasi delict even if he has
not reserved his right to institute it separately.

5. If the criminal action has already been filed in court, a

motion for its suspension on ground of prejudicial question may be
filed at any time before the prosecution rests.

6. The criminal action for slight physical injuries may also be

instituted by filing the complaint with municipal trial court.

7. The complaint or information must be filed against all

persons who appear to be responsible for the offense involved.

8. A motion to quash is required to be under oath.

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9. Within ten days from the filing of the information, the RTC
judge shall issue the warrant of arrest against the accused if he finds
probable cause after personally evaluating the resolution filed by the
prosecutor and other supporting evidence.

10. Arrest is lawful when a person is taken into custody on the

strength of a subpoena.

11. Bail is a matter of right before a judgment of conviction by

the regional trial court of an offense punishable by death, reclusion
perpetua, or life imprisonment and the evidence of guilt against the
accused is not strong.

12. The cancellation of bail based on the acquittal of the

accused requires an application of the bondsmen and notice to the
prosecutor.

13. Preliminary investigation may be conducted ex parte if the

respondent cannot be arrested.

14. The purpose of bail is to guarantee the appearance of the

accused in court for the promulgation of judgment of conviction.

15. If the accused desires to be released on recognizance,

application therefor may be filed with any court of the city, province,
or municipality where the accused actually resides.

16. Preliminary investigation is required for offenses

punishable by imprisonment of at least 4 years, 2 months, and 1 day
without regard to the amount of the fine.

17. The accused cannot file a counterclaim against the

complainant in the same criminal case because the remedy of the
accused is to file a separate civil action to litigate his cause of action
which could have been the subject of his counterclaim.

18. A previously filed civil action that raises a prejudicial

question may be suspended by the court motu proprio whenever the
criminal action is subsequently filed.

19. An information is required to be under oath.

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20. Qualifying or aggravating circumstances proven during the

trial but are not alleged in the complaint or information may be
considered by the court in the imposition of the penalty.

21. Substantial amendment of a complaint or information may

be made as a matter of right after the accused has entered a plea.

22. When a criminal action is instituted, the civil action to

recover civil liability based on Art. 2176 of the Civil Code is deemed
instituted with the criminal action.

23. An accused who is acquitted on reasonable doubt cannot be

held civilly liable as this would be inconsistent with his acquittal.

24. An accused who claims to have been unlawfully arrested

but who files bail is deemed to have waived his right to challenge the
validity of his arrest.

25. An inquest may also be conducted by the court in a valid

warrantless arrest.

26. The court has the discretion to require that the bail be
posted in cash.

27. A person undergoing extradition proceedings may be

granted bail provided he can demonstrate by substantial evidence
that he is not a flight risk.

28. Offenses involving damage to property through criminal

negligence fall within the exclusive original jurisdiction of the
regional trial court.

29. The Sandiganbayan has jurisdiction to try drug cases

involving high-ranking government officials provided they commit
these offenses in relation to their office.

30. As a rule, an information must allege the exact date of the

commission of the offense.
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31. Under R.A. No. 3019, the Sandiganbayan may order the
indefinite preventive suspension of a government official provided it
has found the information valid through a pre-suspension hearing.

32. Substitution of an information requires leave of court.

33. The general rule is that the extinction of the penal action
carries with it the extinction of the civil action.

34. The accused may file a motion for judicial determination of

probable cause within ten days from the filing of the information in
court.

35. A warrant of arrest is valid only for a period of ten days

from its date of issue.

36. A warrant of arrest is not required in arrest made after an

entrapment.

37. The court has no authority to require the appearance of the

accused in court because the accused can waive his right to be
present.

38. The right to be presumed innocent means that the accused

cannot be compelled to testify against himself.

39. A criminal information may not be filed in court without

the approval of the City or Provincial Prosecutor.

40. A search warrant may be issued by the court in special

proceedings.

41. A court’s order dismissing a criminal case upon motion of

the accused who invokes his right to a speedy trial is appealable.

42. A provisional dismissal of a criminal case operates as an

acquittal.

43. Among the matters to be taken up at the pretrial of a

criminal case is the possibility of an amicable settlement between the
accused and the complainant.
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44. The order of trial may be modified if at the pretrial the

accused admits the charge but interposes a lawful defense.

45. In a criminal case, the pretrial cannot be conducted if the

complainant fails to appear because of lack of notice.

46. If the witness for the prosecution has to leave the

Philippines with no fixed date of returning, he may be conditionally
examined before any judge of the city or municipality where he
actually resides.

47. The order of the court discharging an accused to be utilized

as a state witness operates as an acquittal.

48. A person who has participated in the commission of the

crime cannot be admitted into the witness protection program.

49. In transactional immunity, a witness is assured that he

cannot be prosecuted for any offense arising out of the act or
transaction to which his testimony relates.

50. The accused may file a demurrer to evidence after the

prosecution rests its case.

51. An accused who files a demurrer to evidence without leave

of court does not waive his right to present evidence.

52. The order of the court granting demurrer to evidence is

appealable.

53. An accused may be convicted of the offense proved even if

it is not the offense charged provided the offense proved is
necessarily included in the offense charged.

54. A judgment of conviction may be promulgated in the

absence of the accused who fails to appear despite due notice.

55. The clerk of court may promulgate the judgment when the
judge is absent.
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56. The judgment must be promulgated during the

incumbency of the judge who signed the judgment.

57. The judgment imposing the penalty of reclusion perpetua

becomes final after the lapse of the period for perfecting an appeal
and no appeal was taken therefrom.

58. When a judgment of conviction becomes final and

executory, the trial court has the ministerial duty to execute the
penalty of imprisonment or fine even if no motion for execution is
filed.

59. The court at its instance but with the consent of the accused
may grant a new trial at any time before a judgment of conviction
becomes final.

60. Errors of law or fact in the judgment is one of the grounds

for new trial.

61. The offended party may appeal from a judgment rendered

in a criminal case but only as to the civil aspect thereof.

62. The appeal of the offended party from the civil aspect of the
case shall not affect the criminal aspect of the judgment being
appealed from.

63. Upon perfection of the appeal, the execution of the

judgment is stayed as to the accused who has appealed.

64. Appeal from the judgment of the regional trial court

exercising appellate jurisdiction is to the Court of Appeals by means
of a notice of appeal to be filed with the regional trial court that
rendered the judgment being appealed from.

65. A party may withdraw his appeal as a matter of right

before the filing of the appellee’s brief.

66. The appeal filed by the accused is deemed abandoned if he

flees to a foreign country during the pendency of the appeal.
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67. Habeas corpus is available as a post-conviction remedy if

the accused was deprived of his right against self-incrimination
during the trial.

68. A petition for habeas corpus may be filed by the

prosecution if the result of the post-conviction DNA testing is
favorable to the convict.

69. A petition for certiorari may be filed by the accused with

the Supreme Court as a mode of appeal if he raises pure questions of
law.

70. A petition for review filed with the Court of Appeals may
raise pure questions of law.

71. The prosecution may appeal from an order dismissing a

criminal case provided such appeal will not place the accused in
double jeopardy.

72. A motion for new trial based on newly discovered evidence

may be filed even after the judgment of conviction has become final
provided such evidence was discovered only after the trial.

73. Post-conviction DNA testing is available even without need

of prior court order.

74. If the offender is below 18 years of age at the time of the

commission of the offense, he is entitled to suspension of sentence
without need of any application because suspension of sentence is
automatic.

75. In a criminal case for homicide, the promulgation of

judgment may be made by reading it in the presence of counsel if the
accused fails to appear despite notice to him.

76. A judgment of conviction must state the penalty imposed

upon the accused.

77. A judgment in a criminal case may be signed by the clerk of

court if the judge is absent.
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78. A demurrer to evidence may also be filed by the

prosecution.

79. The presence of the offended party is not required at the

pretrial of a criminal action.

80. A criminal action may be dismissed provisionally even for

no reason at all.

81. A criminal action that is dismissed provisionally may be

revived by mere motion of the prosecution before it is time-barred.

82. The accused may appeal from an order denying his motion
to quash.

83. An information filed by an unauthorized official is void

from the beginning.

84. As a general rule, the accused may move to quash the

complaint or information at any time before he enters a plea.

85. The arraignment may be suspended if the accused appears

to be suffering from an unsound mental condition.

86. The remedy of the accused if the allegations in the

information are vague or indefinite is to file a motion for a bill of
particulars after entering a plea.

87. If the accused pleads guilty to a capital offense, the

judgment may be promulgated immediately.

88. The court may enter a plea of guilty for the accused if he
refuses to plead.

89. The accused may waive arraignment in multiple cases.

90. If the accused testifies as a witness in his own behalf, he

may be cross-examined only on matters covered by his direct
examination.
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91. The court may issue an order of confiscation of his bond if

the accused fails to appear in court for his arraignment.

92. An improvident plea, which is a plea of guilty based on a

mistaken assumption or misleading information, may be withdrawn
by the accused even after the finality of the judgment of conviction.

93. A search warrant may not be issued unless there is already

a criminal action pending in court.

94. A search warrant may also be issued by the Ombudsman.

95. The constitution prohibits all forms of searches and seizure

without a search warrant.

96. As a rule, a search warrant may be used more than once.

97. A scatter-shot search warrant is void.

98. An application for search warrant may also be filed with

the City Prosecutor’s Office, provided no criminal action has yet been
instituted in court.

99. In a search of a house or room pursuant to a search

warrant, the two-witness rule applies when the lawful occupant
thereof or a member of his family is absent.

100. A warrant to disclose computer data may be issued by a

judge of the municipal trial court.