You are on page 1of 7

IS A PROCEEDING FOR REVIEW BY WHICH THE WHOLE CASE IS TRANSFERRED TO THE HIGHER COURT

FOR A FINAL DETERMINATION.

THE JUDGMENT WAS PROMULGATED EVEN WITHOUT THE PERSONAL PRESENCE OF THE ACCUSED. IT IS
ALLOWED EXCEPT

IS A PROCESS ISSUED BY THE COURT AFTER CONVICTION TO CARRY OUT THE FINAL JUDGMENT, SUCH AS
COMMANDING A PRISON WARDEN TO HOLD THE ACCUSED IN ACCORDANCE WITH THE TERMS OF THE
JUDGMENT. IT SHOULD BE STAYED DURING THE PENDENCY OF THE MOTION FOR REHEARING OR
RECONSIDERATION.

HIGHEST COURT OF THE LAND

. THAT DEGREE OF PROOF WHICH PRODUCES CONVICTION IN AN UNPREJUDICED MIND.

WHEN AFTER THE PROSECUTION HAS RESTED ITS CASE, THE ACCUSED HILES A MOTION TO DISMISS THE
CASE ON THE GROUND OF INSUFHICIENCY OF EVIDENCE, HE WAIVES THE RIGHT TO PRESENT EVIDENCE.
THE RULE IS KNOWN AS:

UNDER THE RULE ON CONTINUOUS TRIAL HOW MANY DAYS SHALL THE TRIAL RUN?

BELEN DID NOT APPEAR DURING THE PROMULGATION OF JUDGMENT DESPITE NOTICE IN AN ESTAFA
CASE HILED IN THE MTC. THE COURT ORDERED THE RECORDING OF THE JUDGMENT IN THE DOCKET
BOOK AND TO SEND A COPY OF THE DECISION TO THE ACCUSED AT HER LAST KNOWN ADDRESS. SINCE
THE JUDGMENT AS FOR CONVICTION, THE COURT CANCELLED HER BAIL AND ORDERED HER ARREST.
UPON RECEIPT OF A COPY OF THE DECISION, SHE HILED A NOTICE OF APPEAL THROUGH HER LAWYER.
SHOULD HER APPEAL BE GIVEN DUE COURSE?

THE ACCUSED WAS CHARGED WITH UNJUST VEXATION, A LIGHT OFFENSE. AT THE PROMULGATION OF
JUDGMENT, THE ACCUSED DID NOT APPEAR AND WAS ONLY REPRESENTED BY HIS LAWYER. THE COURT
PROCEEDED WITH THE PROMULGATION DESPITE ACCUSED’S ABSENCE. HE WAS CONVICTED. IS THE
PROMULGATION VALID?

JOSH WAS CHARGED WITH MURDER AND WAS CONVICTED. BEFORE THE DECISION HAS BECOME HINAL,
THE NEW COUNSEL FOR THE ACCUSED LEARNED THAT THE PERSON WHO ASSISTED THE ACCUSED
DURING THE TRIAL IS NOT A BAR PASSER. WHAT IS THE REMEDY AVAILABLE TO THE ACCUSED?

THE COURT SHALL GRANT A MOTION FOR RECONSIDERATION ON THE FOLLOWING GROUND, EXCEPT:

THE FOLLOWING ARE THE GROUNDS FOR THE CONDUCT OF A REVERSE TRIAL, EXCEPT:

ANY OTHER NAME WHICH A PERSON PUBLICLY APPLIES TO HIMSELF WITHOUT AUTHORITY OF LAW.

THE AUTHORITY OF THE COURT TO TAKE COGNISANCE OF THE CASE IN THE FIRST INSTANCE.

A/AN __________ IS ONE WHOSE WHEREABOUTS ARE KNOWN BUT HIS PRESENCE FOR TRIAL CANNOT
BE OBTAINED BY DUE DILIGENCE.

A/AN __________ IS ONE WHOSE WHEREABOUTS ARE UNKNOWN OR HIS WHEREABOUTS CANNOT BE
DETERMINED BY DUE DILIGENCE.
THE PROSECUTION SHALL PRESENT ITS EVIDENCE HIRST TO PROVE THE CHARGE AND, IN THE PROPER
CASE, THE CIVIL LIABILITY. THE ORDER OF TRIAL CANNOT BE MODIHIED.

WHEN A NEW TRIAL IS GRANTED ON THE GROUND OF ERRORS OF LAW OR IRREGULARITIES


COMMITTED DURING THE TRIAL, ALL THE PROCEEDINGS AND EVIDENCE AFFECTED THEREBY SHALL BE
SET ASIDE AND TAKEN ANEW. THE COURT MAY, IN THE INTEREST OF JUSTICE, ALLOW THEINTRODUCTION
OF ADDITIONAL EVIDENCE.

UNDER THE VARIANCE DOCTRINE, THE ACCUSED CAN ONLY BE CONVICTED OF AN OFFENSE WHEN IT IS
BOTH CHARGED AND PROVED. IF IT IS NOT CHARGED, ALTHOUGH PROVED, OR IF IT IS PROVED
ALTHOUGH NOT CHARGED, THE ACCUSED CANNOT BE CONVICTED THEREOF.

WHERE THERE IS NO PROMULGATION OF JUDGMENT, NO RIGHT TO APPEAL ACCRUES. MERELY READING


THE DISPOSITIVE PORTION OF THE DECISION IS NOT SUFHICIENT.

THE RIGHT TO BAIL IS NOT WAIVABLE. BAIL SHALL REMAIN IN FORCE AT ALL STAGES OF THE CASE UNTIL
PROMULGATION OF THE JUDGMENT OF THE REGIONAL TRIAL COURT.

A PERSON CAN TRAVEL ABROAD WHEN UNDER BAIL. NO PERSON UNDER DETENTION BY LEGAL PROCESS
SHALL BE RELEASED OR TRANSFERRED EXCEPT UPON ORDER OF THE COURT OR WHEN HE/SHE IS
ADMITTED TO BAIL.

IF THE JUDGE IS ABSENT, THE CLERK OF COURT MAY ORDER THE RELEASE OF THE PERSON CHARGED.
THE JAIL BUREAU SHALL EXERCISE SUPERVISION AND CONTROL OVER ALL CITY AND MUNICIPAL JAILS.

THE APPLICATION FOR OR ADMISSION TO BAIL SHALL NOT BAR THE ACCUSED FROM CHALLENGING THE
VALIDITY OF HIS/HER ARREST OR THE LEGALITY OF THE WARRANT ISSUED THEREFOR, OR FROM
ASSAILING THE REGULARITY OR QUESTIONING THE ABSENCE OF A PRELIMINARY INVESTIGATION OF THE
CHARGE AGAINST HIM, PROVIDED THAT HE/SHE RAISES THEM BEFORE ENTERING HIS/HER PLEA. THE
COURT SHALL RESOLVE THE MATTER AS EARLY AS PRACTICABLE BUT NOT LATER THAN THE START OF THE
TRIAL OF THE CASE.

RIGHT TO BE PRESUMED INNOCENT UNTIL PROVEN GUILTY CAN BE OVERTHROWN ONLY BY PROOF
BEYOND REASONABLE DOUBT. RIGHT TO SPEEDY TRIAL SHOULD BE BALANCED WITH THE RIGHT OF THE
STATE TO PROSECUTE THE CRIMINALS.

THE RIGHT TO REMAIN SILENT IS A STATUTORY RIGHT. ANY PERSON UNDER INVESTIGATION FOR THE
COMMISSION OF AN OFFENSE SHALL HAVE THE RIGHT TO BE INFORMED OF HIS RIGHT TO REMAIN
SILENT AND TO HAVE COMPETENT AND INDEPENDENT COUNSEL PREFERABLY OF HIS OWN CHOICE.

X WAS CHARGED WITH SLANDER FOR UTTERING SLANDEROUS REMARKS AGAINST C, THE FORMER’S
NEIGHBOR. SLANDER HAS A PENALTY OF 6 MONTHS. IF YOU WERE C WHERE WOULD YOU FILE THE
CASE?

ALEX A BARANGAY KAGAWAD, COMMITS TRESPASS TO DWELLING AGAINST ROSA, TRESPASSING HAS A
PENALTY OF 5 YEARS IMPRISONMENT. IF YOU WERE ROSA WHERE WOULD YOU FILE THE CASE?
ANTON WAS CAUGHT BY PO1 CRUZ IN THE ACT OF STEALING A ROOSTER, OWNED BY JACK. THEFT HAS
A PENALTY OF 8 YEARS. IF YOU WERE JACK WHERE WOULD YOU FILE THE CASE?

REX FILE A COMPLAINT BEFORE THE MTC, INVOLVING AN OFFENSE WHERE THE PENALTY IMPOSED IS 3
YEARS. WHAT SHOULD THE DO WITH THE COMPLAINT?

ANNA, A MINOR FILE A RAPE CASE BEFORE THE FISCALS’ OFFICE. WHAT SHOULD THE FISCAL DO WITH
THE COMPLAINT?

JOHN DOE COMMITTED A ROBBERY IN DAVAO CITY WITH A PENALTY OF 7 YEARS, ACCUSED WAS
APPREHENDED SOMEWHERE IN SAMAL, DAVAO DEL NORTE. IF YOU WERE JOHN DOE WHERE WILL YOU
FILE THE CASE?

SONNY COMMITTED A FELONY WITH A PROBABLE PENALTY OF 5 YEARS. IF YOU ARE THE VICTIM WHERE
WILL YOU FILE THE CASE?

WHAT IF IN THE CASE ABOVE THE FELONY COMMITTED HAS A PENALTY OF 2 YEARS. WHERE WILL YOU
FILE THE CASE?

THE POWER OR AUTHORITY OF A COURT TO TRY, HEAR AND DECIDE A CLASS OF CRIMINAL CASE
BROUGHT BEFORE IT

THIS RIGHT OF THE ACCUSED IS FOUNDED ON THE PRINCIPLE OF JUSTICE AND IS INTENDED NOT TO
PROTECT THE GUILTY BUT TO PREVENT AS FAR AS HUMAN AGENCIES CAN THE CONVICTION OF AN
INNOCENT PERSON.

THE FOLLOWING STATEMENTS ARE FALSE, EXCEPT.

THE EXAMINATION BEFORE A COMPETENT TRIBUNAL, ACCORDING TO THE LAWS OF THE LAND, OF THE
ACTS IN ISSUE IN A CASE, FOR THE PURPOSE OF DETERMINING SUCH ISSUE.

AT THE HEARING OF AN APPLICATION FOR ADMISSION TO BAIL, THE __________ HAS THE BURDEN OF
SHOWING THAT THE EVIDENCE OF GUILT IS STRONG.

THE PRE-MARKING OF EVIDENCE OF THE PARTIES FOR IDENTIFICATION PURPOSES ARE SUPPOSE TO BE
MADE DURING THIS STAGE OF THE PROCEEDINGS

THE OFFENDER WHO IS STILL UNDERGOING PRELIMINARY INVESTIGATION AT THE PROSECUTOR’S


OFFICE IS REFERRED TO AS

WHAT DOCTRINE ALLOWS EVIDENCE OBTAINED BY THE POLICE OFFICERS IN AN ILLEGAL SEARCHED AND
SEIZURES TO BE USED AGAINST THE ACCUSED?
WHEN A PERSON IS LAWFULLY ARRESTED WITHOUT A WARRANT OF ARREST INVOLVING AN OFFENSE,
WHICH REQUIRES A PRELIMINARY INVESTIGATION, THE COMPLAINT OR INFORMATION MAY BE FILED
WITHOUT NEED OF SUCH INVESTIGATION, PROVIDED AN _______ HAS BEEN CONDUCTED IN
ACCORDANCE WITH EXISTING LAW OR PROCEDURE –

AT WHAT TIME MAY THE ACCUSED MOVE TO QUASH THE COMPLAINT OR INFORMATION?

A PERSON DESIGNATED TO ASSIST DESTITUTE LITIGANTS.

ANY LAWYER OR MEMBERS OF THE BAR SHALL, AT THE REQUEST OF THE PERSON ARRESTED OR OF
ANOTHER ACTING IN HIS BEHALF, HAVE THE RIGHT TO VISIT AND CONFER PRIVATELY WITH SUCH
PERSON, IN JAIL OR ANY OTHER PLACE OF CUSTODY AT

THE COMPLAINT OR INFORMATION SHOULD STATE THE FOLLOWING EXCEPT –

THE LAW HEARS BEFORE IT CONDEMNS, PROCEEDS UPON INQUIRY AND RENDER JUDGMENT AFTER A
FAIR TRIAL.

ALL PERSONS, HAVING ORGANS OF SENSE, CAN PERCEIVE AND PERCEIVING, AND CAN MAKE THEIR
PERCEPTION TO OTHERS, MAY BE-

IT IS A DOCTRINE USUALLY APPLIED WHERE THE POLICE OFFICERS IS NOT SEARCHING FOR EVIDENCE
AGAINST THE ACCUSED BUT NONETHELESS INADVERTENTLY COME ACROSS INCRIMINATING OBJECTS.

THE FOLLOWING ARE THE REQUISITES OF AN INFORMATION EXCEPT-

THE PROCESS WHEREBY THE ACCUSED AND THE PROSECUTOR IN A CRIMINAL CASE WORK OUT A
MUTUALLY SATISFACTORY DISPOSITION ON THE CASE SUBJECT TO COURT APPROVAL.

IN MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS CRIMINAL ACTIONS ARE
INSTITUTED BY

IN WHAT INSTANCES IS A WARRANT OF ARREST IS NOT NECESSARY?

IF THE ACCUSED APPEARS TO BE SUFFERING FROM AN UNSOUND MENTAL CONDITION, WHICH


EFFECTIVELY RENDERS

HIM UNABLE TO FULLY UNDERSTAND THE CHARGE AGAINST HIM TO PLEAD INTELLIGENTLY.

DURING THE PENDING OF HIS CASE, D DIED DUE TO HEART ATTACK. HIS UNTIMELY DEATH RESULTED IN-

THE NUMBER OF DAYS THE ACCUSED HAS TO PREPARE FOR TRIAL AFTER A PLEA OF NOT GUILTY IS
ENTERED.

WHAT IS THE ORDER OF REVERSE TRIAL?

AFTER THE CROSS EXAMINATION OF THE WITNESS, WHAT IS THE NEXT PROCEDURE?

IF THE ACCUSED REFUSE TO PLEAD, OR MAKE CONDITIONAL PLEA OF GUILTY, WHAT SHALL BE ENTERED
FOR HIM?
WHICH OF THE FOLLOWING IS FALSE.

A METHOD FIXED BY LAW FOR THE APPREHENSION AND PROSECUTION OF PERSONS ALLEGED TO HAVE
COMMITTED A CRIME, AND FOR THEIR PUNISHMENT IN CASE OF CONVICTION.

WHAT KIND OF MOTION MAY BE AVAILED OF ANYTIME BEFORE ARRAIGNMENT?

THE RIGHT OF AN ACCUSED TO BAIL IS A MATTER OF RIGHT IN THOSE CASES -

VIOLATION OF CITY OR MUNICIPAL ORDINANCE ARE WITHIN THE

THE PERSONNEL OF A COURT WHO SHALL TAKE CHARGE OF THE BUSINESS OF THE COURT, SUPERVISES
ALL THE OTHER

STAFF OF THE COURT OR THE ALTER EGO OF THE JUDGE IN ALL OFFICIAL BUSINESSES OF THE COURT IN
HIS ABSENCE.

THE PRELIMINARY INVESTIGATION OF OFFENSE WITHIN THE JURISDICTION OF THE SANDIGANBAYAN IS


CONDUCTED BY:

IN THIS STAGE, THE ACCUSED WILL BE BROUGHT BEFORE THE COURT TO APPRISE HIM OF THE CHARGES
AGAINST HIM.

WHO REPRESENTS THE STATE IN CRIMINAL PROCEEDINGS?

THESE REFER TO THE WRITTEN ALLEGATIONS OF THE PARTIES OF THEIR RESPECTIVE CLAIMS AND
DEFENSES SUBMITTED TO THE COURT FOR TRIAL AND JUDGMENT. EXAMPLES OF THESE ARE
COMPLAINT, INFORMATION, AFFIDAVIT, MOTION DISMISS ETC.

WHAT KIND OF PROPERTY MAY BE SEIZED AND BE THE OBJECT OF SEARCHED?

IT IS AN INQUIRY OR PROCEEDING TO DETERMINE WHERE THERE IS SUFFICIENT GROUND TO ENGENDER


A WELL FOUNDED BELIEF THAT A CRIME HAS BEEN COMMITTED AND THE RESPONDENT IS PROBABLY
GUILTY THEREOF, AND SHOULD BE HELD FOR TRIAL.

A WARRANTLESS ARREST IS CONSIDERED LEGITIMATE OR VALID AND IT INCLUDES A VALID


WARRANTLESS SEARCH AND SEIZURE IN:

IN WHAT INSTANCES IS A WARRANT OF ARREST IS NOT NECESSARY?

CRIMINAL PROCEDURE IS A

THE FOLLOWING ARE THE REQUISITES OF AN INFORMATION EXCEPT-

THE EXAMINATION BEFORE A COMPETENT TRIBUNAL, ACCORDING TO THE LAWS OF THE LAND, OF THE
ACTS IN ISSUE IN

A METHOD FIXED BY LAW FOR THE APPREHENSION AND PROSECUTION OF PERSONS ALLEGED TO HAVE
COMMITTED A CRIME, AND FOR THEIR PUNISHMENT IN CASE OF CONVICTION.
THE FOLLOWING ARE THE REQUISITES FOR THE ISSUANCE OF A SEARCH WARRANT EXCEPT :

THE RIGHT OF AN ACCUSED TO BAIL IS A MATTER OF RIGHT IN THOSE CASES

THE CITY PROSECUTOR CHARGED A WITH SERIOUS PHYSICAL INJURIES FOR STABBING B. HE WAS TRIED
AND CONVICTED AS CHARGED. A FEW DAYS LATER, B DIED DUE TO SEVERE INFECTION OF HIS STAB
WOUNDS. CAN THE PROSECUTION FILE ANOTHER INFORMATION AGAINST A FOR HOMICIDE?

ORDER OF TRIAL IS

AS USED IN RULE 120, IT MEANS THE ADJUDICATION BY THE COURT THAT THE ACCUSED IS GUILTY OR IS
NOT GUILTY OF THE OFFENSE CHARGED, AND THE IMPOSITION OF THE PROPER PENALTY AND CIVIL
LIABILITY PROVIDED FOR BY LAW ON THE

ACCUSED.

A SYSTEM OF CRIMINAL PROCEDURE WHEREIN THE DETECTION AND PROSECUTION OF OFFENDERS ARE
NOT LEFT TO THE INITIATIVE OF PRIVATE PARTIES BUT TO THE OFFICIALS AND AGENTS OF THE LAW.
RESORT IS MADE TO SECRET INQUIRY TO DISCOVER THE CULPRIT AND VIOLENCE AND TORTURE WERE
OFTEN EMPLOYED TO EXTRACT A CONFESSION. THE JUDGE IS NOT LIMITED TO THE EVIDENCE BROUGHT
BEFORE HIM BUT COULD PROCEED WITH HIS OWN INQUIRY WHICH WAS NOT CONFRONTATIVE.

WHO SHALL ENTER A PLEA OF GUILTY?

DURING THE PENDING OF HIS CASE, D DIED DUE TO HEART ATTACK. HIS UNTIMELY DEATH RESULTED IN

THE NUMBER OF DAYS THE ACCUSED HAS TO PREPARE FOR TRIAL AFTER A PLEA OF NOT GUILTY IS
ENTERED.

WHAT IS THE BEST REMEDY OF A PERSON WHO IS ACCUSED UNDER A WRONG NAME?

SISA CHARGED MARITES FOR ORAL DEFAMATION BEFORE THE MTC OF QUEZON CITY. WHILE THE CASE
WAS PENDING SISA DIED. MARITES MANIFESTED TO THE COURT THAT WITH SISA’S DEATH, HER
(MARITES) CRIMINAL AND CIVIL LIABILITY BASED ON THE OFFENSE COMMITTED ARE NOW
EXTINGUISHED. IS MARITES CONTENTION CORRECT?

IN CASE OF VARIANCE BETWEEN INFORMATION AND PROOF, THE ACCUSED CAN ONLY BE CONVICTED
OF?

THE FOLLOWING ARE THE REQUISITES OF JUDGMENT, EXCEPT

WHEN A JUDGMENT BECOMES FINAL?

SUPPOSING THE JUDGE RENDERED AN ORAL DECISION. IT MAY EITHER BE FOR CONVICTION, ACQUITTAL,
OR DISMISSAL. THE ORAL DECISION WILL NEVER BECOME HINAL BECAUSE:

JUDGMENT ALSO BECOMES FINAL WHEN JUDGMENT IS AN ACQUITTAL. THE STATEMENT IS


A METHOD FIXED BY LAW FOR THE APPREHENSION AND PROSECUTION OF PERSONS ALLEGED TO HAVE
COMMITTED A

CRIME, AND FOR THEIR PUNISHMENT IN CASE OF CONVICTION.

THE FOLLOWING ARE THE REQUISITES SHOULD BE PRESENT IN TRIAL IN ABSENTIA, EXCEPT

AT THE HEARING OF AN APPLICATION FOR ADMISSION TO BAIL, THE __________ HAS THE BURDEN OF
SHOWING THAT THE EVIDENCE OF GUILT IS STRONG.

IN THIS STAGE, THE ACCUSED WILL BE BROUGHT BEFORE THE COURT TO APPRISE HIM OF THE CHARGES
AGAINST HIM.

WHAT IS THE DUTY OF THE PROSECUTOR WHEN HE IS SAID TO “DIRECT AND CONTROL” THE
PROSECUTION OF THE CRIMINAL CASE?

WHICH OF THE FOLLOWING CASES FALL WITHIN THE EXCLUSIVE ORIGINAL JURISDICTION OF THE
METROPOLITAN TRIAL COURT, MUNICIPAL TRIAL AND MUNICIPAL CIRCUIT TRIAL COURTS?

You might also like