Crimpro Rcrim Exam

(79) The information charges PNP Chief Luis Santos, (Salary Grade 28), with "taking advantage of
his public position as PNP Head by feloniously shooting JOSE ONA, inflicting on the latter mortal
wounds which caused his death." Based solely on this allegation, which court has jurisdiction over
the case?
(A) Sandiganbayan only
(B) Sandiganbayan or Regional Trial Court
(C) Sandiganbayan or Court Martial
(D) Regional Trial Court only
(99) When may an information be filed in court without the preliminary investigation required in the
particular case being first conducted?
(A) Following an inquest, in cases of those lawfully arrested without a warrant.
(B) When the accused, while under custodial investigation, informs the arresting officers that
he is waiving his right to preliminary investigation.
(C) When the accused fails to challenge the validity of the warrantless arrest at his
arraignment.
(D) When the arresting officers take the suspect before the judge who issues a detention
order against him.
(3) Angie was convicted of false testimony and served sentence. Five years later, she was convicted
of homicide. On appeal, she applied for bail. May the Court of Appeals deny her application for bail
on ground of habitual delinquency?
(A) Yes, the felonies are both punishable under the Revised Penal Code.
(B) Yes, her twin convictions indicated her criminal inclinations.
(C) No, the felonies fall under different titles in the Revised Penal Code.
(D) No, the charges are both bailable.
(5) Which of the following is a correct statement of the rule on amendment of the information in a
criminal proceeding?
(A) An amendment that downgrades the offense requires leave of court even before the
accused pleads.
(B) Substantial amendments are allowed with leave of court before the accused pleads.
(C) Only formal amendments are permissible before the accused pleads.
(D) After the plea, a formal amendment may be made without leave of court.
(9) The Metropolitan Trial Court convicted Virgilio and Dina of concubinage. Pending appeal, they
applied for bail, claiming they are entitled to it as a matter of right. Is their claim correct?
(A) No, bail is not a matter of right after conviction.
(B) Yes, bail is a matter of right in all cases not involving moral turpitude.
(C) No, bail is dependent on the risk of flight.
(D) Yes, bail is a matter of right in the Metropolitan Trial Court before and after conviction.
(28) Berto was charged with and convicted of violating a city ordinance against littering in public
places punishable by imprisonment of one month or a fine of P1,000.00. But the city mayor
pardoned him. A year later, he was charged with violating a city ordinance against jaywalking which
carried the same penalty. Need Berto post bail for such offense?
(A) Yes, his previous conviction requires posting of bail for the present charge.
(B) Yes, since he may be deemed to have violated the terms of his pardon.
(C) No, because he is presumed innocent until proven otherwise.
(D) No, one charged with the violation of a city ordinance is not required to post bail,
notwithstanding a previous pardon.
(31) The city prosecutor charged Ben with serious physical injuries for stabbing Terence. He was
tried and convicted as charged. A few days later, Terence died due to severe infection of his stab
wounds. Can the prosecution file another information against Ben for homicide?
(A) Yes, since Terence’s death shows irregularity in the filing of the earlier charge against
him.
(B) No, double jeopardy is present since Ben had already been convicted of the first offense.
(C) No, there is double jeopardy since serious physical injuries is necessarily included in the
charge of homicide.
(D) Yes, since supervening event altered the kind of crime the accused committed.
(49) When may the bail of the accused be cancelled at the instance of the bondsman?
(A) When the accused jumps bail.
(B) When the bondsman surrenders the accused to the court.
(C) When the accused fails to pay his annual premium on the bail bond.
(D) When the accused changes his address without notice to the bondsman.
(70) Upon review, the Secretary of Justice ordered the public prosecutor to file a motion to withdraw
the information for estafa against Sagun for lack of probable cause. The public prosecutor complied.
Is the trial court bound to grant the withdrawal?
(A) Yes, since the prosecution of an action is a prerogative of the public prosecutor.
(B) No, since the complainant has already acquired a vested right in the information.
(C) No, since the court has the power after the case is filed to itself determine probable
cause.
(D) Yes, since the decision of the Secretary of Justice in criminal matters is binding on
courts.

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(79) The information charges PNP Chief Luis Santos, (Salary Grade 28), with "taking advantage of

(A) Sandiganbayan only

(B) Sandiganbayan or Regional Trial Court

(C) Sandiganbayan or Court Martial

(D) Regional Trial Court only

(A) Following an inquest, in cases of those lawfully arrested without a warrant.

(B) Yes, her twin convictions indicated her criminal inclinations.

(D) No, the charges are both bailable.

(A) No, bail is not a matter of right after conviction.

(C) No, bail is dependent on the risk of flight.

(C) No, because he is presumed innocent until proven otherwise.

(A) When the accused jumps bail.

(B) When the bondsman surrenders the accused to the court.

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