CRIMINAL PROCEDURE

EXAMINATION
 I
Avery sued Kim for qualified after the latter stole coconuts from her coconut
plantation. She instituted the case by filing a Complaint Affidavit in the Office of City
Prosecutor. Her Complaint Affidavit was prepared by her lawyer, Atty. Tope, after the
latter interviewed her. Avery also entered into an agreement with Atty. Tope that he
will be the lawyer that would prosecute the case. The Office of City Prosecutor found
probable cause to institute an action from qualified theft against Kim, as such, an
information was filed. On arraignment, Atty. Tope entered his appearance, manifesting
that he is appearing as private prosecutor under the direct control and supervision of
the Office of City Prosecutor, the prosecutor affirmed this manifestation. However, the
judge, Judge Dana, stated that she is not allowing Atty. Tope to enter his appearance
as the duty to prosecute criminal cases lies with the Office of the City Prosecutor and
private lawyers cannot appear as private prosecutors. Assuming that you are Atty.
Tope, how will you argue against Judge Dana?
 II
Assuming that you are an abogado de campanilla and your clients want to institute a number
of criminal cases, identify as to where the following cases should be filed:
a. A kidnapping where the victim was abducted in Zamboanga City by a white van which
transported the victim to Pagadian.
b. Piracy committed in the high seas north of Batanes by Filipino citizens against Chinese
vessels.
c. A libel case involving publication made in a newspaper whose principal address is in
Makati by an author that is a resident of Cebu against the victim who is a resident of
Bohol.
d. Murder committed by a person who resides in Batangas but was committed in Taguig.
e. Theft committed in an Air Asia Plane while the same is flight to the Philippines coming
from Hong Kong committed by an American Citizen.
 III
Vina filed a case for libel in relation with the Republic Act
10175 after she saw a malicious post authored by Kim in
Facebook. In her complaint, Vina attached a screenshot of
the post. In his counter-affidavit, Kim argued that he cannot
be held accountable for liable as Vina’s evidence being a
screenshot did not comply with the rules of admissibility for
electronic evidence. With the lack of compliance, the
screenshot has no probative value hence, the prosecutor
should dismiss the case. Is the argument of Kim meritorious?
 IV
Steph filed with the Office of City Prosecutor of Zamboanga a complaint
for estafa against Kim after the latter sold and appropriated to himself
income relating to coconuts delivered by Steph to Kim which was
supposed to be held by the latter in trust. The prosecutor, however,
dismissed the case for lack of probable cause.
a. What remedy or remedies is available to Steph? Explain.
b. If instead of your answer to (a), Steph decided to refile the case, can
the subsequent case be dismissed on grounds of forum shopping?
 V
After preliminary investigation, an information was filed against Kim for Robbery. Kim
appealed the finding of the prosecutor with the Secretary of Justice. However, despite
the appeal, the information was raffled to a Court, which in turn, issued a warrant of
arrest for Kim. After the issuance of a warrant of arrest, the Secretary of Justice
reversed the finding of the prosecutor finding no probable cause to institute a case
against Kim.
• a) What will be the effect of the reversal of the Secretary of Justice of the finding
of the prosecutor?
• b) Assuming that you are the judge, are you bound to lift and/or expunge the
warrant of arrest you issued and dismiss the case by reason of the resolution of
the Secretary of Justice?
 VI
Kim was arrested without a warrant by police officers after a buy-bust
operation. The case was forwarded by the police operatives to the
Office of the City Prosecutor who proceeded with an inquest proceeding
against Kim. After the proceedings, the inquest prosecutor found that
the arrest done against the person of Kim was valid, hence, an
information was filed in court against Kim for Sale and Possession of
Illegal Drugs. Kim now questions the resolution of the inquest
prosecutor alleging that the inquest did not consider his defense in
relation with the actual sale of the drugs and that the same focused only
on the validity or invalidity of the arrest. Is Kim’s argument tenable?
Why or why not?
 VII
Provide for the following:
a. Enumerate the grounds for Motion to Quash and
differentiate among them which can be cured by
formal amendments to the information or which can
only be cured by substantive amendment;
b. Grounds that would allow the postponement of the
arraignment.
 VIII
Kim swindled Dale for 2,000,000 sometime mid-2019. Dale, executed an
affidavit and forwarded it to the police. After receiving the affidavit, the
police concluded that there is probable cause to arrest Kim, so the police
went to Kim’s house and arrested him. Kim then was subjected to inquest
proceeding and an information was filed against him in court.
a) What remedy can be filed by Kim to have the information against him
dismissed? And when should he file such?
b) Assuming instead of the remedy in (a), Kim filed a Motion for
Preliminary Investigation, would such motion be meritorious?
 IX
An information for murder was filed against Kim. Judge Quijano of
Regional Trial Court Branch 69 issued a warrant of arrest against Kim
after examination of the prosecutor’s resolution, the affidavits of the
complainant and his witnesses, and other documents related to the
resolution. Judge Quijano did not, however, interview the witnesses but
merely based her issuance of the warrant of arrest on the documents of
the prosecutor. Kim’s lawyer, Atty. Apao, now files a motion to quash the
warrant of arrest on grounds that Judge Quijano did not personally
examined the witnesses prior to the issuance of the warrant of arrest as
per required by the Constitution and the Rules. Is the argument of Atty.
Apao meritorious?
 X
Kim was arrested by the police officers after he brutally murdered Von after an
argument involving homemade firecrackers and right of way. The police then filed
with the Office of the Prosecutor an inquest proceeding against Kim.
a. Prior to resolution of the inquest proceeding, Kim filed in court a Petition for
Bail. Under the rules, is this allowable?
b. Assuming that the Office of the City Prosecutor found probable cause to
institute an action for murder, a capital offense, against Kim and Kim files a
Petition for Bail, should the Office of the City Prosecutor present all its
evidence in relation with the charge on such petition? Why or why not?
 XI
Kim was charged with illegal possession of unlicensed firearms and
explosives in an information filed with the Regional Trial Court. It was
alleged in the information that Kim was in possession of an AK-47 Rifle
and a grenade. Both are separately punished under RA 8294 with
separate penalties for each.
a) Assuming that you are the counsel of Kim and you want to file a
Motion to Quash, on what ground would you base your motion?
b) Assuming that you are the prosecutor of the case, what can you do to
cure such defect prior to the filing of a Motion to Quash?
 XII
Kim was arrested by police operatives after the latter received a tip that Kim was a big-time drug
dealer and was transporting marijuana using his pedicab. Kim was then charged for possession
of illegal drugs and the case was pending before the Regional Trial Court. Prior to entering a
plea, Kim argued that the Court did not acquire jurisdiction over his person thus, he filed a
motion to quash. Among his arguments included that the arrest was done on the basis of a tip
with the police officers having no personal knowledge about his commission of a crime.
a. Is the argument meritorious?
b. Assuming that the motion to quash was denied and the subsequent motion for
reconsideration was also denied, what remedy is available to Kim?
c. Assuming that you are to resolve the remedy filed by Kim under paragraph (b), will you
deny such remedy on the basis of jurisprudence that states that “the remedy for the
denial of a motion to quash is to proceed with trial”?
 XIII
In People vs. Navarro, it was ruled that “a motion to quash is a
hypothetical admission of the facts alleged in the information,
hence the court in resolving the motion cannot consider facts
contrary to those alleged in the information or which do not
appear on the face of the information, except those admitted
by the prosecution”. Following the stated jurisprudence, is
there no instance that evidentiary matters such as presentation
of testimony or other pieces of evidence may be presented in
relation to a Motion to Quash?
 XIV
Kim was charged of frustrated homicide after he stabbed Vij after an argument. Upon arraignment,
he entered a plea of guilty to said crime. Neither the court nor the prosecution was aware that the
victim had died two days earlier on account of her stab wounds.

Because of his guilty plea, Kim was convicted of frustrated homicide and meted the corresponding
penalty. When the prosecution learned of the victim’s death, it filed within fifteen (15) days therefrom a
motion to amend the information to upgrade the charge from frustrated homicide to consummated
homicide.
 
a) Kim opposed the motion claiming that the admission of the amended information would place him
in double jeopardy. Resolve the motion with reasons.
b) Will your answer be the same assuming that Vij died after the arraignment?
 XV
Kim was charged with the crime of Falsification of
Documents. The information, however, makes reference to
two documents: the first one being the original document
and the second one being the alleged fabricated document.
Reading through the information, Kim became confused as
the information can be interpreted as him being charged of
falsification for either both of the documents or falsification
on the first document. As counsel for Kim, what motion
should you file to clarify the instant information?
 XVI
Kim was charged with the crime of theft with the
information relating thereto pending with the
Municipal Trial Court. Kim posted bail in the
amount of 25,000. The arraignment was set on 3
February 2020. However, on the said date, Kim did
not appear in court. Assuming you are the judge,
what can you do in relation with the absence of Kim
during arraignment?
 XVII
Identify whether on the following instances a plea to a lesser offense may be allowed:
a. Kim entering a plea of guilty for serious physical injuries after having been charged of
frustrated murder;
b. Kim entering a plea of guilty for Estafa in the amount of 5,000.00 after having been
charged of theft for 20,000.00.
c. Kim entering a plea of guilty for possession of unlicensed firearm after having been
charged for attempted homicide wherein he used such gun in the commission of the
crime.
d. Kim entering a plea of guilty for acts of lasciviousness after having been charged of rape.
e. Kim entering a plea of guilty for use of drugs after having been charged of murder when
he allegedly committed the crime under the influence of such substance.
 XVIII
Kim, Khaled, and Aguisanda were all charged of Kidnapping. Kim
was approached by the prosecution with the latter intending to
utilize him to become a state witness.
a. Assuming that Kim will be discharged as a state witness, what
are its effects?
b. Assuming that Khaled and Aguisanda, after the discharge of
Kim as a state witness, files a motion for reconsideration, shall
such motion be denied on the basis of double jeopardy?
 XIX

a. Distinguish the effect of filing of a demurrer to

evidence in a criminal case and its filing in a
civil case.
b. Compare the effects of a denial of demurrer to
evidence in a civil case with those of a denial
of demurrer to evidence in a criminal case.
 XX
Kim was charged with the crime of Serious
Physical Injuries. After presentation of
evidence and on promulgation of judgement,
Kim was found to be not guilty of the crime.
The victims, however, did not agree with such
decision. Enumerate possible remedies
available to the victims.
Bonus
• Provide for the main point of the following cases (5% each):
• P v. Sergio, GR No 240053, 9 Oct 2019
• Sayre v. Judge Dax Gonzaga Xenos, GR No. 244413, Feb 18 2020
• P v. Solar, GR No. 225595, 6 August 2019
• De Lima v. Judge Guerrera
• State and explain the remedies of the accused after a judgement of conviction
(10%).