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REMEDIAL LAW REVIEW II

Assoc. Dean Christian “KIT” Villasis

CRIMINAL PROCEDURE

TAKE HOME QUIZ (THQ) NO. 2

Kindly copy the questions and type the answers. Please include on each question
the previous bar exam questions, landmark and recent Supreme Court decisions
and ponencias of Justice Hernando.

1. What is bail?
2. What are the kinds of bail? Explain each.
3. When is recognizance allowed?
4. What are the conditions and requirements for the posting of bail?
5. When is bail a matter of right and discretion? Explain.
6. What is capital offense? Explain the rules on the hearing of application for bail in capital
offenses.
7.Who has the burden of proof in bail application?
8. What are the guidelines in fixing the amount of bail?
9. When is bail not required?
10. Where can we file a motion or petition for bail?
11. When can the Court increase or reduce the amount of bail?
12. What are the rules on forfeiture and cancellation of bail?
13. Explain the rule that an application for bail is not a bar to objections in illegal arrest, lack of or
irregular preliminary investigation.
14. What is Preliminary Investigation? What is the nature and purpose of Preliminary
Investigation?
15. Explain the rules and procedure of the Preliminary Investigation being conducted by the
Investigating Prosecutor.
16. Explain the rules on the review from a resolution of the Investigating Prosecutor.
17. When may a warrant of arrest be issued? What are the cases that do not need Preliminary
Investigation?
18. What are the remedies of the accused if there is no Preliminary Investigation? What is the
effect of the posting of bail on the absence or lack of Preliminary Investigation?
What is inquest?
19. Explain the rules and procedure on inquest.
20. Explain the rules and procedure in the conduct of Preliminary Investigation by the
Prosecutor; and (b) Ombudsman
21. Explain the rules, procedure and remedies relative to the resolution of the
investigating prosecutor or Ombudsman; and (b) review of the resolution thereof.
22. What are the cases that do not require preliminary investigation?
23. Explain the rules when warrant of arrest may not be issued.
24. What are the remedies of the accused if there is no preliminary
investigation?

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