UNIVERSITY OF THE CORDILLERAS

Baguio City, Philippines

COLLEGE OF LAW Final Exam

CRIMINAL PROCEDURE Summer 2021

INSTRUCTION: Write in your own handwriting in yellow ruled pad

papers your answers. Submit to Anton Surait your answers not later
than 8:00 o’clock in the evening of July 22, 2021.

This examination consists of three parts. Part I involves 60 items of

multiple choice questions; Part II is 15 items of True of False; and Part
III in an essay-type involving three problems.

PART I

Write the letter that corresponds to the correct answer.

1. If the charge against the accused is theft, but the evidence

presented during the trial shows that the crime committed is estafa,
the remedy of the prosecution is:
(a) amendment of the information
(b) substitution of the information to charge the proper offense
(c) withdrawal of the information
(d) dismissal of the case

2. Crimes committed outside the Philippines but punishable in

the Philippines under Article 2 of the Revised Penal Code shall be
cognizable by:
(a) the court of the first port of entry
(b) the court of any territory where the vessel passed during its
voyage
(c) the court of any of the territories where the essential
ingredients of the offense took place
(d) the court where the criminal action is first filed

3. For offenses involving violations of municipal ordinances,

the running of the prescriptive period is stopped by the filing of:
(a) a complaint with the prosecutor’s office
(b) an information with the prosecutor’s office
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(c) a complaint with the municipal trial court

(d) an information with the regional trial court

4. Jurisdiction over the person of the accused is acquired not

only by his arrest, but by:
(a) his voluntary surrender
(b) service of subpoena upon him
(c) his voluntary appearance
(d) his voluntary plea of guilty

5. Whether by complaint or information, the criminal action

must be in the name of the People of the Philippines because:
(a) every crime is an outrage against the peace and security of
the people at large
(b) it is required by the rules
(c) the offended party may not have the capability to prosecute
the criminal action
(d) every crime is evil

6. The nature of the crime charged in the complaint or

information is determined by the:
(a) title thereof
(b) provisions of the law alleged to have been violated
(c) facts alleged therein
(d) designation made by prosecution

7. Section 2 of Rule 110 provides that “the complaint or

information shall be x x x against all persons who appear to be
responsible for the offense involved.” But, as an exception, a person
who appears to be responsible for the offense committed may be
excluded from the complaint or information if:
(a) that person is admitted into the witness protection program
(b)that person has been discharged, on motion of the
prosecution, to be utilized as a state witness
(c) there is no sufficient evidence against that person
(d)prosecuting that person is a waste of time

8. An information is an accusation in writing charging a person

with an offense and subscribed by the:
(a) offended party
(b) prosecutor
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(c) any peace officer

(d) judge

9. A complaint or information must charge only one offense.

But, as an exception, it may charge more than one offense:
(a) when the law so provides to avoid multiplicity of suits
(b) when the law prescribes a single punishment for various
offenses
(c) when the court allows it in the exercise of its discretion
(d) when the prosecutor deems it proper to charge two or more
offenses to protect the interest of the state

10. An information that charges two or more offenses may be

referred to as:
(a) onerous information
(b) duplicitous information
(c) insufficient information
(d) vague information

11. A complaint or information may be amended in form or

substance, without leave of court, at any time:
(a) after the accused has entered his plea
(b) before the accused enters his plea
(c) after the accused has been arrested
(d) before the accused is arrested

12. After the accused has pleaded to the charge, the complaint
or information may be amended where such amendment is required
by supervening fact, provided:
(a) leave of court is granted
(b) the offended party consents to the amendment
(c) the right of the accused to speedy trial is not violated
(d) the accused consents to the amendment

13. In a plea bargaining, the trial court may allow the accused
to plead guilty to a lesser offense without the consent of the private
offended party if the offended party:
(a) refuses to give his consent without justifiable cause
(b)cannot be notified of the date of the arraignment because his
whereabouts are unknown
(c) fails to appear at the arraignment despite due notice to him
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(d) is already dead or lives more than 100 kilometers from the
place of trial

14. If, before arraignment, the prosecution wants to amend the

Information from murder to homicide, its remedy is to:
(a) file a motion for leave to amend, with notice to the offended
party, and if leave is granted, file an amended information
for homicide
(b) file an amended information charging the accused with
homicide
(c) withdraw the information, and file a new information for
homicide
(d) file a motion to dismiss the case

15. In criminal cases venue is jurisdictional. Thus, an

information for bigamy must be filed in the Regional Trial Court of
the place:
(a) where the second marriage was contracted
(b) where the first married was contracted
(c) where the parties to the second marriage have set up their
conjugal dwelling
(d) where the first marriage was contracted or where the second
marriage was contracted at the election of the prosecution

16. The offended party may reserve his right to institute a

separate civil action:
(a) at any time before the prosecution starts presenting its
evidence
(b) at any time before the prosecution starts presenting its
evidence and under circumstances affording the offended
party a reasonable opportunity to make such reservation
(c) at any time before the prosecution rests its case
(d) at any time before the prosecution rests its case and under
circumstances affording the offended party a reasonable
opportunity to make such reservation

17. After the accused had pleaded guilty to the charge of

reckless imprudence resulting into homicide, the court issued an
order declaring the case deemed submitted for decision
notwithstanding the motion of the offended party to be allowed to
present evidence on the civil liability of the accused. The offended
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party may assail the order of the court on the ground that it is error
for the court not to allow the offended party to prove the civil liability
of the accused:
(a) because the civil action to recover civil liability arising from
the offense charged is deemed instituted in the criminal
action
(b) because the civil liability of the accused is implied from his
plea of guilty
(c) because the plea of guilty already determines the civil
liability of the accused
(d) because the plea of guilty applies only to the criminal aspect
of the case

18. A civil action based on quasi delict may be filed by the

offended party even if he does not reserve his right to file it
separately because such civil action is:
(a) a separate civil action
(b) an independent civil action
(c) a prejudicial question
(d) deemed instituted in the criminal action

19. An accused who is acquitted may still be adjudged civilly

liable, except:
(a) if the acquittal is based on reasonable doubt
(b) if the court declares in its judgment that the liability of the
accused is only civil
(c) if the civil liability of the accused does not arise from or is
not based upon the crime of which he is acquitted
(d) if the civil action is based on the delict and there is a finding
in the final judgment in the criminal action that the act or
omission from which the civil liability may arise did not
exist

20. If a final judgment is rendered in a civil action and the

judgment absolves the defendant from civil liability, such judgment:
(a) bars the filing of a criminal action against the same
defendant for the same act or omission subject of the civil
action
(b) does not bar the filing of a criminal action against the same
defendant for the same act or omission subject of the civil
action
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(c) extinguishes the criminal liability of the same defendant

for the same act or omission subject of the civil action
(d) conclusively proves that the same defendant is not liable
for the same act or omission subject of the civil action

21. The existence of a prejudicial question may be invoked to:

(a) dismiss a criminal action
(b) dismiss a civil action
(c) suspend a criminal action
(d) suspend a civil action

22. Preliminary investigation is required for offenses

punishable by imprisonment of:
(a) less than 4 years, 2 months, and 1 day
(b) at least 4 years, 2 months, and 1 day
(c) more than 4 years, 2 months, and 1 day
(d) not more than 4 years, 2 months, and 1 day

23. The accused may waive his right to preliminary

investigation. But where the accused asserts his right to preliminary
investigation, to deny him that right amounts to a denial of due
process because the right to preliminary investigation is a:
(a) constitutional right
(b) statutory right
(c) substantive right
(d) natural right

24. Preliminary investigation may be conducted ex parte if the

respondent cannot be served with:
(a) subpoena
(b) prosecutor’s resolution
(c) writ of execution
(d) summons

25. The right to preliminary investigation may be waived by

not asserting it:
(a) before arraignment and plea
(b) before pretrial
(c) in a motion to quash before trial
(d) in a motion to quash before pretrial
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26. An accused validly arrested without warrant for an offense

requiring preliminary investigation and charged in court without
preliminary investigation having been first conducted may ask for a
preliminary investigation:
(a) within 5 days from the time he learns of the filing of the
information against him
(b) within 5 days from the time of the filing of the information
against him
(c) within 10 days from the time he learns of the filing of the
information against him
(d) within 10 days from the time of the filing of the information
against him

27. An information filed in court without the prior written

approval of the provincial or city prosecutor or chief state prosecutor
or the ombudsman or his deputy is:
(a) void
(b) voidable
(c) valid
(d) defective but valid

28. A warrant of arrest is valid and shall remain in force:

(a) for a period of ten days from date of its issuance
(b) for a period of 15 days from date of its issuance
(c) for a period of 30 days from date of its issuance
(d) until it is executed

29. Within ten days from the filing of the information, the
judge of the Regional Trial Court shall issue a warrant of arrest if he
finds probable cause after:
(a) personally examining the resolution of the prosecutor and
its supporting evidence
(b) personally evaluating the complainant and his witnesses by
means of searching questions and answers
(c) personally examining the complainant and his witnesses in
writing and under oath by means of searching questions
and answers
(d) personally evaluating the resolution of the prosecutor and
its supporting evidence
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30. X filed a complaint with the NBI alleging that Y, who is a

barangay captain, kidnapped and detained X’s husband on June 19,
2021. The NBI directed Y to appear before it on June 26, 2021 to
answer the charge of kidnapping. When Y appeared at the NBI on
June 26, 2021, he was arrested and detained. On June 27, 2021, the
NBI submitted its investigation report to the Office of the City
Prosecutor. That same day, Prosecutor Z conducted an inquest. On
June 28, 2021, an Information was filed with the RTC, charging Y
with kidnapping. The inquest is not proper in this case because:
(a) only the police may conduct an inquest
(b) the NBI has already conducted its own investigation
(c) the arrest of the accused in this case was unlawful, and an
inquest may only be conducted by the prosecutor if the
accused has been lawfully arrested without warrant
(d) an inquest may only be conducted by the police if the
accused has been lawfully arrested without warrant

31. If a person is arrested and detained and no case has yet

been filed in court against him, he may question the legality of his
arrest and detention by filing:
(a) a petition for habeas corpus
(b) a motion to quash before he enters a plea
(c) a petition for writ of amparo
(d) a petition for habeas data

32. Bail shall be effective upon its approval, and unless

cancelled, shall remain in force at all stages of the case:
(a) until promulgation of judgment by the Regional Trial Court
in a case originally filed in it
(b) until promulgation of judgment by the Regional Trial Court
in a case appealed to it
(c) before promulgation of judgment by the Regional Trial
Court in a case originally filed in or appealed to it
(d) until promulgation of judgment by the Regional Trial Court
in a case originally filed in or appealed to it

33. One of the conditions of bail is that the accused shall appear
before the court:
(a) at all stages of the proceedings
(b) only during trial
(c) whenever required by the court or by the Rules of Court
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(d) whenever required for the purpose of perfecting his appeal

34. Where the grant of bail is a matter of discretion, the

application for bail may be filed:
(a) only in the court of the city or municipality where he was
arrested
(b) only in the court of the city or municipality where he is
being held
(c) only in the court where the case is pending whether on trial
or appeal
(d) only in the court where he was arraigned

35. The accused is charged with maltreatment, a light felony.

At the arraignment the accused was absent despite notice, but his
counsel manifested that he had already explained to the accused the
nature and cause of the accusation against him. He then moved that
a plea of not guilty be entered for the accused. The court allowed it.
This plea is:
(a) valid, because where the accused is charged with a light
offense, his counsel may enter a plea of not guilty for him
(b) valid, because the court allowed it
(c) void, because there is no showing that the accused
understood the consequences of his plea of guilty
(d) void, because the accused must be present at the
arraignment and must personally enter his plea

36. At his arraignment for homicide, the accused pleaded

guilty. Upon motion, he was allowed by the court to prove the
mitigating circumstance of incomplete self-defense. But the evidence
he has presented proved complete self-defense. If the court renders a
judgment of acquittal, such a judgment is:
(a) void, because the plea of guilty entered by the accused is a
full admission of his culpability
(b) void, because the court erred in allowing him to prove the
justifying circumstance of self-defense
(c) valid, provided he told the truth in court
(d) valid, provided his plea of guilty is considered withdrawn
and a plea of not guilty entered for him

37. The discovery proceedings allowed by Sections 9 and 10 of

Rule 116 are applicable only:
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(a) during preliminary investigation

(b) after the filing of the information in court
(c) after pretrial
(d) after trial

38. If a complaint or information is filed in the municipal trial

court for an offense not requiring preliminary investigation and the
judge finds probable cause, but there is no necessity of placing the
accused under immediate custody, the judge may issue to the
accused:
(a) summons
(b) subpoena
(c) warrant of arrest
(d) order to answer the charge

39. The remedy of the accused whose motion to quash is denied

by the court is:
(a) to file a motion for the inhibition of the judge
(b) to enter a plea and go to trial
(c) to present his evidence
(d) to appeal from the order denying his motion to quash

40. The requirement that agreements or admissions made by

the accused shall be reduced in writing and signed by him and his
counsel applies only to those agreements or admissions made during
the:
(a) preliminary investigation
(b) arraignment
(c) pretrial
(d) trial

41. An appeal from a judgment of the Regional Trial Court

rendered by it in the exercise of its exclusive original jurisdiction
where the appellant raises questions of fact is by:
(a) notice of appeal
(b) petition for review
(c) petition for review on certiorari
(d) petition for certiorari
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42. An appeal from a judgment of the Regional Trial Court

rendered by it in the exercise of its appellate jurisdiction where the
appellant raises pure questions of law is by:
(a) notice of appeal
(b)petition for review
(c) petition for review on certiorari
(d) petition for certiorari

43. Bail may be cancelled upon application of the bondsman,

but with due notice to the prosecutor upon:
(a) proof of death of the accused
(b) acquittal of the accused
(c) dismissal of the case
(d) execution of the judgment of conviction

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

Information are vague is:
(a) to file a bill of particulars before arraignment
(b)to file a motion for a bill of particulars before arraignment
(c) to file a motion for a bill of particulars after arraignment
(d)to file a bill of particulars after arraignment

45. The accused must be arraigned before the court where the
complaint or information has been filed or assigned for:
(a) preliminary investigation
(b) trial
(c) promulgation of judgment
(d) reinvestigation

46. The arraignment of the accused may be suspended when:

(a) there exists an incidental question
(b) there exists a prejudicial question
(c) the accused refuses to enter a plea
(d) the accused enters a conditional plea of guilty

47. If the court grants the motion to quash filed by the accused
on the ground of lack of jurisdiction over the offense, the remedy of
the prosecution is to:
(a) refile the case in the court of proper jurisdiction
(b) refile the case in the court of proper venue
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(c) amend the information so as to bring the offense within the

jurisdiction of the court
(d) withdraw the informatio

48. A provisional dismissal should be with the:

(a) express consent of the offended party
(b) express consent of the accused
(c) consent of the accused
(d) consent of both the offended party and the accused

49. If the offense is punishable by imprisonment of not

exceeding six years, a provisional dismissal thereof becomes
permanent:
(a) one year after issuance of the order of dismissal without the
case having been revived
(b) two years after issuance of the order of dismissal without
the case having been revived
(c) six months after issuance of the order of dismissal without
the case having been revived
(d) one month after issuance of the order of dismissal without
the case having been revived

50. If the offense is punishable by a fine of any amount, a

provisional dismissal thereof becomes permanent:
(a) one year after issuance of the order of dismissal without the
case having been revived
(b)two years after issuance of the order of dismissal without the
case having been revived
(c) six months after issuance of the order of dismissal without
the case having been revived
(d)one month after issuance of the order of dismissal without
the case having been revived

51. Among the things to be considered at the pretrial of

criminal cases is:
(a) amicable settlement
(b) stipulation of facts
(c) reference of the issues to a commissioner
(d) amendment of the complaint or information
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52. After having bargained for a lesser penalty, the accused

pleaded guilty to the charge set forth in the information. This plea of
guilty is:
(a) valid although it is a conditional plea of guilty
(b) void because it is a conditional plea of guilty
(c) valid because the accused himself entered his plea
(d) void because the accused should always enter a plea of not
guilty

53. At the hearing on the motion for the discharge of an accused

to be utilized as a state witness, his sworn statement shall be
presented by the prosecution as evidence. At the trial the sworn
statement of the witness shall be inadmissible in evidence if the court:
(a) grants the motion
(b) denies the motion
(c) defers hearing on the motion
(d) fails to act on the motion

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

as a state witness amounts to:
(a) an acquittal of the discharged accused
(b) an adjudication of the case on its merits
(c) an acquittal of all the accused
(d) dismissal of the case

55. A case may be reopened to avoid a miscarriage of justice:

(a) after finality of the judgment of conviction
(b) before finality of the judgment of conviction
(c) before rendition of judgment
(d) after the case is submitted for decision

56. The accused who files a demurrer to evidence does not

waive his right to present evidence in the event his demurrer is
denied if he filed his demurrer:
(a) with prior leave of court
(b) with prior notice to the prosecution
(c) with the consent of the offended party
(d) after filing with the court a motion for leave to file demurrer
to evidence
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57. If there are several accused, and the prosecutor has no direct
evidence available for the proper prosecution of the offense
committed, the remedy of the prosecution is:
(a) to move for the dismissal of the case with the express
consent of the all the accused
(b) to exclude one or some of the accused by amending the
information with leave of court and utilized the excluded
accused as witnesses against the remaining accused
(c) to withdraw the information and refile it as soon as a
witness becomes available
(d) to move for the discharge of one or some of the accused to
be utilized as state witnesses

58. If the accused has been detained for a period equal to or

more than the maximum of the imposable penalty, he:
(a) may be released on recognizance
(b) may be released on bail
(c) should be released immediately without bail or
recognizance, unless there are other valid causes for his
further detention
(d) should be released immediately if there is already a finding
by the court that he is not guilty

59. If the accused fails to appear at the promulgation of

judgment despite due notice to him, the judgment:
(a) cannot be promulgated
(b) shall be promulgated by reading it to his counsel who may
be required to stand in lieu of the accused, just like in the
movies
(c) shall be promulgated by recording it in the criminal docket
and furnishing the prosecution with a copy thereof
(d) shall be promulgated by recording it in the criminal docket
and furnishing the accused with a copy thereof through his
counsel or at his last known address

60. The accused was convicted of homicide in the judgment

promulgated by the RTC on July 8, 2021. The judgment was
promulgated in his absence because he failed to appear at the
promulgation notwithstanding due notice to him. He received a
copy of the judgment through his counsel on July 16. His remedy is:
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(a) he must surrender himself and file a motion for leave to

avail of the remedies on or before July 23, 2021
(b) he must file a notice of appeal on or before July 23, 2021
(c) he must surrender himself and file a motion for leave to
avail of the remedies on or before July 31, 2021
(d) he must file a motion for reconsideration on or before July
31, 2021

PART II

Write TRUE if the statement is correct and FALSE if it is wrong.

Right minus wrong.

1. The court may allow a conditional plea of guilty to be entered

provided the accused is present in court during the arraignment.

2. The judgment may be promulgated by the clerk of court if

the judge who signed the judgment is dead or outside the province or
city.

3. The offended party may appeal from the judgment rendered

in a criminal action insofar as the civil aspect thereof is concerned
notwithstanding that the judgment is one of acquittal.

4. An appeal by one of several accused shall stay the judgment

even as to the other accused who did not appeal

5. A judgment cannot be promulgated if the accused is absent

despite notice to him.

6. Plea bargaining is one of the matters to be considered during

the pretrial.

7. A private prosecutor may also prosecute a criminal action

under the direction and control of the public prosecutor.

8. A judgment of acquittal is not appealable.

9. A judgment that does not state the facts and the law upon
which it is based is valid provided it is in writing.

10. A motion for new trial may be filed by the accused after
promulgation of a judgment of conviction, but within the time for
perfecting an appeal.
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11. A demurrer to evidence must be filed with prior leave of

court.

12. Private individuals cannot be tried by the Sandiganbayan.

13. A criminal complaint cannot be filed in court without the

approval of the City or Provincial Prosecutor.

14. A search warrant may be issued in a civil case.

15. If the accused appeals from the judgment finding him guilty
of the crime charged and ordering him to pay civil damages to the
offended party, but the during the pendency of his appeal he dies, his
death extinguishes both his criminal liability and his civil liability.

PART III

1. Juan dela Cruz was convicted of frustrated murder and was

meted the penalty 6 years and 1 day of Prision Mayor to 14 years, 8
months, and 1 day of Reclusion Temporal in the case whose caption
is shown below:

REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 5
BAGUIO CITY

THE PEOPLE OF THE PHILIPPINES,

Plaintiff,

- versus - CRIMINAL CASE NO.

5275

JUAN DELA CRUZ,

Accused.
x ----------------------------------------------- x

Juan dela Cruz wants to appeal from the judgment because,

according to him, the judgment finding him guilty is contrary to the
evidence. Write the notice of appeal.
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2) A relative of the accused comes to you for legal advice and

requests you to make your written opinion based on the following
facts:

On June 16, 2021, the accused was arrested without warrant for
alleged possession of four grams of methamphetamine
hydrochloride, commonly known as shabu, punishable under R.A.
No. 9165 with imprisonment of 12 years and 1 day to 20 years. Upon
his arrest, he was detained at the city jail, but three days later he
escaped from detention in the dead of night. On July 16, 2021, an
information was filed against him in the Regional Trial Court without
any preliminary investigation being first conducted. His relative
gave you a copy of the information, and after reading it you
concluded that the facts charged in the information do not constitute
an offense. The accused is nowhere to be found, and his relative does
not know his whereabouts. But he sent a text message to his relative
on July 19, 2021, that reads: “Nong, d me su2ko. Kuha ka bangko pera
para fianza me Wala me ksalann, frame up lng me” His relative asks you
these questions:

(a) Is there any ground you could invoke to have the case
dismissed even if the accused is in hiding?

(b) May the accused be allowed to post bail?

(c) Does the accused have other legal remedies you could
pursue on his behalf?

By the way, the relative of the accused is an English teacher.

3. You are representing Abe, one of the accused in a case for

frustrated murder before the regional trial court. The other accused
is Jone. After trial, Abe and Jone were found guilty and were meted
out the penalty of 6 years and 1 day of Prision Mayor to 14 years, 8
months, and 1 day of Reclusion Temporal. They were also ordered to
pay, jointly and severally, the offended party P150,781 as actual
damages and P10,000 as moral damages. Jone appealed to the Court
of Appeals. Abe who did not appeal is now serving sentence. In due
time, the Court of Appeals rendered judgment holding that, based on
the facts established by evidence, the crime committed is frustrated
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homicide and that Abe and Jone should have been credited with the
mitigating circumstance of incomplete self defense because the victim
committed an act of unlawful aggression against them. Modifying
the penalty, the Court of Appeals imposed upon appellant Jone the
penalty of 6 months of Arresto Mayor to 4 years and 2 months of
Prision Correccional.

You filed an application for probation on behalf of Abe, arguing

that he is now entitled to probation because the penalty does not
exceed six years of imprisonment. The trial court, however, denied
the application on three grounds:

(a) that the judgment of the Court of Appeals applies only to

Jone;

(b) Abe himself did not appeal, and because the judgment as to
him had already become final, he is already precluded from applying
for probation;

(c) assuming that the judgment of the Court of Appeals may

also be applied to Abe, still he could not apply for probation because
appeal and probation exclude each other.

You now intend to file a motion for reconsideration. In plain,

simple English, write your arguments in support of your motion for
reconsideration.