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MMXI Bar Questions and Answers Criminal Procedure

2. A pending criminal case, dismissed provisionally, shall be deemedpermanently dismissed if not revived after 2 years withrespect to offensespunishable by imprisonmentA. of more than 12 years.

B. not exceeding 6 years or a fine not exceeding P1,..!. of more than 6 years or a fine in excess of P1,..D. of more than 6 years.

". Angie was convicted of false testimony and served sentence. #ive years later,she was convicted of homicide. $n appeal, sheapplied for bail. %ay the !ourtof Appeals deny her application for bail on ground of habitual delin&uency'A. (es, the felonies are both punishable under the )evised Penal !ode.B. (es, her twin convictions indicated her criminal inclinations.C. No, the felonies fall under different titles in the e!ised Penal Code.*. +o, the charges are both bailable.. -hich of the following is a correct statement of the rule on amendment of theinformation in a criminal proceeding'

A. An amendment that down"rades the offense re#uires lea!e of court e!en$efore the accused %leads.B. ubstantial amendments are allowed with leave of court before the accusedpleads.!. $nly formal amendments are permissible before the accused pleads.*. After the plea, a formal amendment may be made without leave of court.

6. /ary who lived in 0aguig borrowed P1 million from )ey who lived in %aatiunder a contract of loan that fixed %aati as thevenue of any action arising fromthe contract. /ary had already paid the loan but )ey ept on sending him lettersof demand forsome balance. -here is the venue of the action for harassmentthat /ary wants to file against )ey'A. n %aati since the intent of the party is to mae it the venue of any actionbetween them whether based on the contract ornot.B. In &a"ui" or Ma'ati at the o%tion of (ary since it is a %ersonal in)ury action.!. n 0aguig since )ey received the letters of demand there.

*. n %aati since it is the venue fixed in their contract.

3. 0he %etropolitan 0rial !ourt convicted 4irgilio and *ina of concubinage.Pending appeal, they applied for bail, claiming theyare entitled to it as a matterof right. s their claim correct'A. +o, bail is not a matter of right after conviction.B. (es, bail is a matter of right in all cases not involving moral turpitude.!. +o, bail is dependent on the ris of flight.D. *es, $ail is a matter of ri"ht in the Metro%olitan &rial Court $efore and aftercon!iction.

1. As a rule, the 5udge shall receive the evidence personally. n which of thefollowing circumstances may the court delegate thereception of evidence to thecler of court'A. -hen a &uestion of fact arises upon a motion.

B. -hen the trial of an issue of fact re&uires the examination of a long account.C. In default or e+%arte hearin"s.*. pon motion of a party on reasonable grounds.

17. 0he city prosecutor of %anila filed, upon oledad8s complaint, a criminalaction for estafa against her sister, -ella, before the )0! of %anila for selling to4ictor a land that she previously sold tooledad. At the same time oledad fileda civil action to annul the second sale before the )0! of 9ue:on !ity. %ay the%anila)0! motu proprio suspend the criminal action on ground of pre5udicial&uestion'A. (es, if it may be clearly inferred that complainant will not ob5ect to thesuspension of the criminal case.B. No, the accused must file a motion to sus%end the action $ased on %re)udicial #uestion.

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!. (es, if it finds from the record that such pre5udicial &uestion exists.*. (es, if it is convinced that due process and fair trial will be better served if thecriminal case is suspended.

22. 0he accused 5umps bail and fails to appear on promulgation of 5udgmentwhere he is found guilty. -hat is the conse&uenceof his absence'A. !ounsel may appeal the 5udgment in the absence of the accused.

B. &he )ud"ment shall $e %romul"ated in his a$sence and he loses his ri"ht of a%%eal.!. 0he promulgation of the 5udgment shall be suspended until he is brought tothe 5urisdiction of the court.*. 0he 5udgment shall be void.

"1. 0he city prosecutor charged Ben with serious physical in5uries for stabbing0erence. ;e was tried and convicted as charged.A few days later, 0erence dieddue to severe infection of his stab wounds. !an the prosecution file anotherinformation againstBen for homicide'A. (es, since 0erence8s death shows irregularity in the filing of the earlier charge against him.B. +o, double 5eopardy is present since Ben had already been convicted of thefirst offense.!. +o, there is double 5eopardy since serious physical in5uries is necessarilyincluded in the charge of homicide.D. *es, since su%er!enin" e!ent altered the 'ind of crime the accusedcommitted.

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A. -ait for 5udgment and, on appeal from it, assign such denial as error.B. +one since such order is final and executory.C. As' for reconsideration/ if denied, file %etition for certiorari and %rohi$ition.*. Appeal the order denying the motion for preliminary investigation.

66. -hat is the effect of the failure of the accused to file a motion to &uash an information that charges two offenses'

A. ;e may be convicted only of the more serious offense.B. 0e may in "eneral $e con!icted of $oth offenses.!. 0he trial shall be void.*. ;e may be convicted only of the lesser offense.

7. pon review, the ecretary of @ustice ordered the public prosecutor to file amotion to withdraw the information for estafaagainst agun for lac of probablecause. 0he public prosecutor complied. s the trial court bound to grant the withdrawal'A. (es, since the prosecution of an action is a prerogative of the publicprosecutor.B. +o, since the complainant has already ac&uired a vested right in theinformation.C. No, since the court has the %ower after the case is filed to itself determine %ro$a$le cause.*. (es, since the decision of the ecretary of @ustice in criminal matters isbinding on courts.

73. 0he information charges P+P !hief uis antos, alary /rade 2>C, withDtaing advantage of his public position as P+P

;ead by feloniously shooting @$= $+A, inflicting on the latter mortal wounds which caused his death.DBased solely on thisallegation, which court has 5urisdiction over the case'A. andiganbayan onlyB. andiganbayan or )egional 0rial !ourt!. andiganbayan or !ourt %artialD. e"ional &rial Court only

>". -hat is the effect and ramification of an order allowing new trial'A. 0he court8s decision shall be held in suspension until the defendant couldshow at the reopening of trial that it has to be abandoned.B. 0he court shall maintain the part of its 5udgment that is unaffected and void therest.C. &he e!idence ta'en u%on the former trial, if material and com%etent, shall remain in use.

*. 0he court shall vacate the 5udgment as well as the entire proceedings had inthe case.

37. -hich of the following +$0 0)= regarding the doctrine of 5udicial hierarchy'A. It deri!es from a s%ecific and mandatory %ro!ision of su$stanti!e law.B. 0he upreme !ourt may disregard the doctrine in cases of national interestand matters of serious implications.!. A higher court will not entertain direct recourse to it if redress can be obtainedin the appropriate courts.*. 0he reason for it is the need for higher courts to devote more time to matterswithin their exclusive 5urisdiction.

33. -hen may an information be filed in court without the preliminary investigation re&uired in the particular case being firstconducted'A. 1ollowin" an in#uest, in cases of those lawfully arrested without a warrant.B. -hen the accused, while under custodial investigation, informs the arrestingofficers that he is waiving his right to preliminary

investigation.!. -hen the accused fails to challenge the validity of the warrantless arrest at hisarraignment.*. -hen the arresting officers tae the suspect before the 5udge who issues adetention order against him.