Criminal Procedure

5.1. General matters

108) Define: Civil Action; Criminal Action.
109) Is a disbarment case a civil action or a
criminal action?

5.1.1. Distinguish jurisdiction over subject matter from jurisdiction over person of the
accused
110) May a court acquire jurisdiction over the
person of an accused who is not in the
custody of the law?

5.1.2. Requisites for exercise of criminal jurisdiction

5.1.3. Jurisdiction of criminal courts
111) The accused, a public officer occupying Yes the court of appeals is correct because
a position lower than Salary Grade 27, was when the case is appealed it opens the whole
charged with violation of the Anti-Graft and case for review.
Corrupt Practices Act. He was convicted by
the RTC and was meted a straight penalty of Rule 124 of the Rules of court provides that:
seven years. The Court of Appeals, to which Section 10. Judgment not to be
the accused brought his appeal, affirmed the reversed or modified except for substantial
judgment of the RTC but modified the error. — No judgment shall be reversed or
sentence to a minimum of 6 years and 1 modified unless the Court of Appeals, after
month to a maximum of 9 years of an examination of the record and of the
imprisonment. The Court of Appeals held that evidence adduced by the parties, is of the
the lower court cannot impose a straight opinion that error was committed which
penalty without violating the letter and spirit injuriously affected the substantial rights of
of the Indeterminate Sentence Law. Is the the appellant. (10a)
Court of Appeals correct?
Section 11. Scope of judgment. — The
Court of Appeals may reverse, affirm, or
modify the judgment and increase or reduce
the penalty imposed by the trial court,
remand the case to the Regional Trial Court
for new trial or retrial, or dismiss the case.
(11a)
112) When may a criminal case committed by
public officer in relation to his public office
cognizable by the Sandiganbayan – and when
is it cognizable by the regular court?

113) On March 7, 2002, two Informations for

unfair competition under Sec. 168.3(a) in
relation to Sec. 170 of the Intellectual
Property Code were filed against the accused
with the RTC of Quezon City. On April 19,
2002, the accused filed a motion to suspend
arraignment and other proceedings in view of
the existence of an alleged prejudicial
question involved in a civil case for unfair
competition pending in the 7) same branch of
the RTC of Quezon City. The RTC denied this
motion to suspend arraignment. On August
20, 2002, the accused filed a motion to
quash the informations on the ground of lack
of jurisdiction of the trial court over the
offense charged. He contended that since
under R.A. 8293 [that took effect on January
1, 1998] the penalty for unfair competition
[as well as infringement; false designation of
origin and false description or representation]
is imprisonment from 2 years to 5 years and
a fine from P50,000 to P200,000, the offense
of infringement is cognizable by the
Metropolitan Trial Court. He argued that
under R.A. 7691offenses the penalty for
which does not exceed 6 years of
imprisonment fall within the exclusive
jurisdiction of the MTC. The RTC denied this
Motion to Quash.

a) Is the RTC correct in denying the motion

to suspend arraignment? (5%)

b) Is the RTC correct in denying the motion

to quash? (5%)

5.1.4. When injunction may be issued to restrain criminal prosecution

5.2. Prosecution of offenses

5.2.1. Criminal actions, how instituted
5.2.2. Who may file them, crimes that cannot be prosecuted de officio
5.2.3. Criminal actions, when enjoined
5.2.4. Control of prosecution
5.2.5. Sufficiency of complaint or information
5.2.6. Designation of offense
5.2.7. Cause of the accusation
5.2.8. Duplicity of the offense; exception
5.2.9. Amendment or substitution of complaint or information
114) What are the distinctions between AMENDMENT SUBSTITUTION
amendment and substitution of a complaint FORMAL OR SUBSTANTIAL
or information? (5%) SUBSTANTIAL CHANGE FORM
CHANGES ORIGINAL
CAN BE MUST BE WITH
EFFECTED LEAVE OF COURT
WITHOUT LEAVE
OF COURT
ONLY AS TO ANOTHER PI IS
FORM, THERE IS ENTAILED AND
NO NEED FOR ACCUSED HAS TO
ANOTHER PI AND PLEAD ANEW
RETAKING OF
PLEA
AMENDED INVOLVES A
INFORMATION DIFFERENT
REFERS TO THE OFFENSE WHICH
SAME OFFENSE DOES NOT
CHARGED IN THE INCLUDE THOSE
ORIGINAL PROVIDED IN THE
INFORMATION OR ORIGINAL CHARGE;
TO AN OFFENSE CANNOT INVOKE
WHICH IS DOUBLE
INCLUDED IN THE JEOPARDY
ORIGINAL
CHARGE; CAN
INVOKE DOUBLE
JEOPARDY
115) When may the complaint or information A complaint or information may be amended
be amended without leave of court? – with in form or in substance without leave of
leave of court? court, at any time before the accused enters
his plea.

After the plea and during the trial formal

amendment may only be made with leave of
court.

Before the plea, however, any amendment

that downgrades the nature of the offense
charged in or excludes any accused from the
complaint or information can be made only
upon motion by the prosecutor, with notice
to the offended party, and with leave of
court. (Ref: Sec 14)

After plea if it be by reason of a

supervening event, amendment may be
made as to form or as to substance, provided
with leave of court.
 5.2.10. Venue of criminal actions
5.2.11. Intervention of offended party

5.3. Prosecution of civil action

5.3.1. Rule on implied institution of civil action with criminal action
5.3.2. When civil action may proceed independently
5.3.3. When separate civil action is suspended
5.3.4. Effect of death of the accused or convict on civil action
5.3.5. Prejudicial question
5.3.6. Rule on filing fees in civil action deemed instituted with the criminal action

116) May a separate civil action be consolidated

with the criminal action?

Would your answer be the same if the criminal

action involves an offense committed by a public
officer in relation to his office?

What is the effect if the civil action adverted to

in the previous questions is not consolidated
with the criminal action?

117) On October 1, 2003, X issued the following

checks to Y: (a) BPI Check No. 92349, dated
July 16, 2004 in the amount of P350,000; and
(b) BPI Check No. 92350, dated September 16,
2004, in the amount of P250,000 in exchange of
cash, with the assurance by X that the checks
would be paid in full upon presentment. On
their maturity dates, Y presented the checks for
payment, but the drawee-bank dishonored them
for the reason Drawn Against Insufficient Fund
(DAIF). On the complaint of Y, two separate
cases for estafa were filed against X. The two
cases were jointly tried. But after presenting
one witness and unable to present its second
witness, the prosecution moved to dismiss the
two estafa cases. The trial court granted the
motion of the prosecution and dismissed the two
estafa cases. Two months after the dismissal of
the two estafa cases, Y filed a civil case against
X for the collection of the sum of P600,000,
representing the total value of the two checks.
X moved to dismiss the complaint on the ground
of res judicata. X likewise prayed that Y be held
in contempt for deliberate forum-shopping. In
his motion to dismiss, X argued that the two
criminal cases for estafa already included the
civil aspect of the case, and since the dismissal
of the two criminal cases amounted to
adjudication of the cases on their merits, Y’s
claims as set forth in his complaint are already
barred by res judicata. Also, according to X, Y
is guilty of deliberate forum-shopping because
he already filed the same claims when he
instituted the two estafa cases, yet he did not
mention them in his certification on non-forum
shopping.

a) Does the dismissal of the two estafa cases

against X bar the institution of the civil action for
collection of the value of the checks? (4%)

b) In filing the civil action, did Y violate the rule

on non-forum shopping? (4%)

5.4. Preliminary investigation

5.4.1. Nature of right
118) Define Preliminary Investigation Preliminary investigation is an inquiry or
proceeding to determine whether there is
sufficient ground to engender a well-
founded-belief that a crime punishable by
imprisonment of at least 4 years 2 months
and 1 day, without regard to the fine, has
been committed and the respondent is
probably guilty thereof and should be held
for trial.
Only offenses where the penalty prescribed
by law is at least 4 years 2 months and 1
day (4:2:1), without regard to the fine
require preliminary investigation. (Ref. Sec
1)
5.4.2. Purposes of preliminary investigation
5.4.3. Who may conduct determination of existence of probable cause
119) Who may conduct preliminary
investigation? (3%)

5.4.4. Resolution of investigation prosecutor

5.4.5. Review
120) A complaint for murder was filed against
Manuel at the City Prosecutor’s Office. A month
later, Manuel received a resolution from the City
Prosecutor’s Office finding probable cause
against him for murder. If Manuel would like to
question the resolution, what remedies are
available to him?

121) What is the remedy of the complainant

whose complaint is dismissed by the assistant
prosecutor conducting preliminary investigation?
(4%)

5.4.6. When warrant of arrest may issue

5.4.7. Cases not requiring a preliminary investigation
5.4.8. Remedies of accused if there was no preliminary investigation
5.4.9. Inquest

122) When may an inquest be conducted?

5.5. Arrest
123) Define Arrest Arrest is the taking of the person in the
custody in order that he may be bound to
answer for the commission of an offense.
5.5.1. Arrest, how made
5.5.2. Arrest without warrant, when lawful
124) Is a warrant required in arrest made Warrant of arrest is not required in
after an entrapment? (2%) entrapment because in entrapment, the
accused is actually committing a crime, thus
falling within valid warrantless arrest. To
require warrant of arrest would defeat the
very purpose of entrapment

5.5.3. Method of arrest

a) By officer with warrant
b) By officer without warrant
c) By private person
5.5.4. Requisites of a valid warrant of arrest
5.5.5. Determination of probable cause for issuance of warrant of arrest
5.5.6. Distinguish probable cause of fiscal from that of a judge

125) Is a petition for habeas corpus the

remedy against a warrant of arrest that was
improperly issued?

5.6. Bail
5.6.1. Nature / Venue
126) An information for homicide was filed
against the accused in the Regional Trial
Court of Baguio City, which, upon a finding of
probable cause, issued a warrant for the
arrest of the accused. The accused was
arrested in San Fernando City (La Union) on
the strength of the warrant. On their way to
Baguio City and as it was then already 4:45
o’clock in the afternoon, the accused asked
the arresting officers if he could post his bail
with the MTC Judge of that municipality. The
arresting officers agreed because the courts
in Baguio might already be closed by the time
they reach Baguio City. The accused then
posted his bail with the MTC Judge of Sablan.
After posting his bail, the MTC Judge issued a
release order. Is the MTC Judge correct?
(5%)

5.6.2. When a matter of right; exceptions

5.6.3. When a matter of discretion / neither a matter of right nor discretion
127) X was found guilty by the Regional Trial Yes. X is entitled to bail as a matter of
Court of theft and was sentenced to suffer discretion on the part of the court.
imprisonment of 6 years and 1 day to 7 years
and 4 months. The judgment has not yet If the accused has been convicted by the
attained finality as the 15-day period to RTC of an offense not punishable by death,
appeal has not yet expired. Is X entitled to reclusion perpetua, or life imprisonment and
bail? If your answer is in the affirmative, admission to bail is discretionary, the
what procedural steps should his counsel application for bail may be filed with and
take to secure X’s provisional liberty? (10%) acted upon by the RTC despite the filing of
notice of appeal, provided it has not
transmitted the original record of the case to
the appellate court. (Sec 5, Rule 114)

First, he must file notice of appeal with the

RTC. Then, he may file application for bail
with the RTC.
128) When is bail neither a matter of right Bail is neither a matter of right nor a matter
nor a matter of discretion? of discretion when:
1. Before conviction by the RTC of an
offense punishable by D,RP, or LI and the
evidence of guilt is strong
2. After conviction by the RTC and the
penalty imposed is D, RP, or LI.
3. After conviction by the RTC and the
penalty imposed is imprisonment exceeding 6
yrs but less than D, RP, or LI and the
accused
a. The accused is a recidivist, a quasi-
recidivist, or a habitual delinquent, or has
committed the crime aggravated by the
circumstance of reiteration
b. The accused has previously escaped
 from legal confinement, evaded sentence, or
violated the conditions of his bail w/o valid
justification
c. The accused committed the offense
while under probation, parole, or conditional
pardon
d. that the circumstances of his case
indicate the probability of flight if released on
bail
e. that there is undue risk that he may
commit another crime during the pendency
of the appeal
4. upon the finality of the judgment of
conviction, unless he files a petition for
probation before commencing to serve his
sentence.

5.6.4. Hearing of application for bail in capital offenses

5.6.5. Guidelines in fixing amount of bail
5.6.6. Bail when not required
5.6.7. Increase or reduction of bail
5.6.8. Forfeiture and cancellation of bail
129) When may the court issue an order
confiscating the bail of the accused?

5.6.9. Application not a bar to objections in illegal arrest, lack of or irregular

preliminary investigation
5.6.10. Hold departure order & Bureau of Immigration watchlist

5.7. Rights of the accused

5.7.1. Rights of accused at the trial
5.7.2. Rights of persons under custodial investigation

5.8. Arraignment and plea

5.8.1. Arraignment and plea, how made
5.8.2. When should plea of not guilty be entered
5.8.3. When may accused enter a plea of guilty to a lesser offense

5.8.4. Accused pleads guilty to capital offense, what the court should do
5.8.5. Searching inquiry
5.8.6. Improvident plea
5.8.7. Grounds for suspension of arraignment

5.9. Motion to quash

5.9.1. Grounds
130) Upon what grounds may the accused At any time before entering his plea, the
move to quash a complaint or information? accused may move to quash the complaint or
(10%) information on any of the following grounds:
a. That the facts charged do not
constitute an offense
b. That the court trying the case has no
jurisdiction over the offense charged
c. That the court trying the case has no
jurisdiction over the person of the accused
d. That the person who filed the
information had no authority to do so
e. That it does not conform substantially
to the prescribed form
f. That more than one offense is
charged except when a single punishment for
various offenses is prescribed by law
g. That the criminal action or liability has
been extinguished
h. That it contains averments which if
true would constitute a legal excuse or
justifies
i. That the accused has been previously
convicted or acquitted of the offense
charged, or the case against him was
dismissed or otherwise terminated without
his express consent. Sections 1 and 3, Rule
117.
131) The accused was charged with violation
of the Social Security Act of 1997 under an
Information filed by the state prosecutor but
without the approval of the city or provincial
prosecutor. When arraigned, the accused
pleaded not guilty, and the case was set for
pretrial. Three days later, the accused filed a
motion to dismiss on the ground that the
Information was filed without the prior
written authority or approval of the city
prosecutor as required under Sec. 4, Rule
112 of the Rules of Court. The People filed
an opposition to the motion. But after
considering the arguments of both parties,
the trial court granted the motion of the
accused and dismissed the case. Is the court
correct in dismissing the case? (5%)

132) Claiming he was illegally arrested, the

accused refused to enter a plea at his
arraignment; whereupon, the trial court
entered a plea of not guilty for him. After
pretrial but before trial, the accused filed a
motion to quash on the ground that the court
has not acquired jurisdiction over his person.
The prosecution opposed the motion, alleging
that the accused is now deemed to have
waived the ground he is relying upon
because he filed his motion to quash after he
had already been arraigned. Is the
prosecution correct?

5.9.2. Distinguish from demurrer to evidence

5.9.3. Effects of sustaining the motion to quash
5.9.4. Exception to the rule that sustaining the motion is not a bar to another
prosecution
5.9.5. Double jeopardy
5.9.6. Provisional dismissal

133) What are the distinctions between:

a) Motion to Quash and Motion for
Provisional Dismissal?

5.10. Pre-trial
5.10.1. Matters to be considered during pre-trial
5.10.2. What the court should do when prosecution and offended party agree to the
plea offered by the accused
5.10.3. Pre-trial agreement
5.10.4. Non-appearance during pre-trial
5.10.5. Pre-trial order
5.10.6. Referral of some cases for court annexed mediation and judicial dispute
resolution

134) What are the things to be considered at

the pre-trial of criminal cases?

5.11. Trial
5.11.1. Instances when presence of accused is required by law
5.11.2. Requisite before trial can be suspended on account of absence of witness
5.11.3. Trial in absentia
5.11.4. Remedy when accused is not brought to trial within the prescribed period
5.11.5. Requisites for discharge of accused to become a state witness
5.11.6. Effects of discharge of accused as state witness
5.11.7. Demurrer to evidence
135) After the prosecution has rested its
case, the accused files a demurrer to
evidence. In resolving the demurrer to
evidence, should the trial court likewise
decide the civil aspect of the case and
determine the civil liability of the accused?

136) What are the distinctions between:

demurrer to evidence in civil cases and

demurrer to evidence in criminal cases?

137) If the court denies the demurrer to

evidence filed by the accused, may the
accused still present his evidence? (5%)

5.12. Judgment
5.12.1. Requisites of a judgment
5.12.2. Contents of judgment
5.12.3. Promulgation of judgment; instances of promulgation of judgment in
absentia
138) How may a judgment in a criminal case Sec. 6. Promulgation of judgment. – The
be promulgated? (5%) judgment is promulgated by reading it in the
presence of the accused and any judge of the
court in which it was rendered. However, if
the conviction is for a light offense, the
judgment may be pronounced in the
presence of his counsel or representative.
When the judge is absent or outside the
province or city, the judgment may be
promulgated by the clerk of court.

If the accused is confined or detained in

another province or city, the judgment may
be promulgated by the executive judge of the
Regional Trial Court having jurisdiction over
the place of confinement or detention upon
request of the court which rendered the
judgment. The court promulgating the
judgment shall have authority to accept the
notice of appeal and to approve the bail bond
pending appeal; provided, that if the decision
of the trial court convicting the accused
changed the nature of the offense from non-
bailable to bailable, the application for bail
can only be filed and resolved by the
appellate court.

The proper clerk of court shall give notice to

the accused personally or through his
bondsman or warden and counsel, requiring
 him to be present at the promulgation of the
decision. If the accused was tried in absentia
because he jumped bail or escaped from
prison, the notice to him shall be served at
his last known address.

In case the accused fails to appear at the

scheduled date of promulgation of judgment
despite notice, the promulgation shall be
made by recording the judgment in the
criminal docket and serving him a copy
thereof at his last known address or thru his
counsel.

5.12.4. When does judgment become final (four instances)

5.13. New trial or reconsideration

5.13.1. Grounds for new trial
5.13.2. Grounds for reconsideration
5.13.3. Requisites before a new trial may be granted on ground of newly-discovered
evidence
139) What are the requisites of a newly - Requisites of a newly discovered evidence
discovered evidence as a ground for new trial are:
in criminal cases? (3%) o Evidence was only discovered
after trial;
o That it could not have been
discovered even with reasonable
diligence during the trial;
o The evidence is material not
merely cumulative, corroborative
or impeaching;
o It must go to the merits as ought
to produce a different result if
admitted [Jose v. CA, March 31,
1976].

140) What is the Berry Rule? (2%) The requisites for newly discovered evidence
under Section 2, Rule 121 of the Revised
Rules of Criminal Procedure are: (a) the
evidence was discovered after the trial; (b)
such evidence could not have been
discovered and produced at the trial with
reasonable diligence; and (c) that it is
material, not merely cumulative,
corroborative or impeaching, and is of such
weight that, if admitted, will probably change
the judgment.[26]
  
These standards, also known as the Berry
Rule, trace their origin to the 1851 case
of Berry v. State of Georgia

5.13.4. Effects of granting a new trial or reconsideration

5.13.5. Application of Neypes doctrine in criminal cases

5.14. Appeal
5.14.1. Effect of an appeal
5.14.2. Where to appeal
5.14.3. How appeal taken
5.14.4. Effect of appeal by any of several accused
5.14.5. Grounds for dismissal of appeal

141) Who may appeal from a judgment Rule 122. Section 1. Who may appeal. — Any
rendered in a criminal case? (5%) party may appeal from a judgment or final
order, unless the accused will be placed in
double jeopardy. (2a)

The following may appeal a judgment of

conviction:
1) Accused;
2) State may appeal, provided it will not
place the accused in double jeopardy;
3) Offended party may appeal, but only with
respect to the civil aspects of the case
142) How may appeal be taken from the When the judgment appealed from is that of
judgment of the Regional Trial Court? the Regional Trial Court in the exercise of its
original jurisdiction, the appeal shall be to the
Court of Appeals by notice of appeal filed
with the court which rendered the judgment
or final order appealed from and by serving a
copy thereof upon the adverse party.

When the judgment appealed from is

that of the Regional Trial Court in the
exercise of its appellate jurisdiction, the
appeal shall be to the Court of Appeals by
filing a petition for review with said court
under Rule 42.

Where the penalty imposed by the

Regional Trial Court is reclusion perpetua or
life imprisonment, or where a lesser penalty
is imposed but for offenses committed on the
same occasion or which arose out of the
 same occurrence that gave rise to the more
serious offense for which the penalty for
death, reclusion perpetua or life
imprisonment is imposed the appeal shall be
by notice of appeal to the Court of Appeals.

No notice of appeal is necessary in

cases where the Regional Trial Court imposed
the dealth penalty. The court of appeals
shall automatically review the judgment.
(Rule 122, Sec 3)
143) NR was found guilty by the trial court of
reckless imprudence resulting to homicide
and was ordered to pay damages to the heirs
of the victim. Since NR had jumped bail and
remained at large, his appeal was dismissed.
Within the period for perfecting an appeal,
NR’s employer filed its notice of appeal from
the judgment of the trial court. In criminal
case where the civil liability arising from the
offense charged is impliedly instituted, may
the employer of the accused appeal from the
judgment of conviction?
144) What is the remedy or remedies:
a) of an appellant if the court
dismisses his appeal?

5.15. Search and seizure

5.15.1. Nature of search warrant
5.15.2. Distinguish from warrant of arrest
5.15.3. Application for search warrant, where filed
5.15.4. Probable cause
5.15.5. Personal examination by judge of the applicant and witnesses
5.15.6. Particularity of place to be searched and things to be seized
5.15.7. Personal property to be seized
5.15.8. Exceptions to search warrant requirement
a) Search incidental to lawful arrest
b) Consented search
c) Search of moving vehicle
d) Check points; body checks in airport
e) Plain view situation
f) Stop and frisk situation
g) Enforcement of custom laws
h) Remedies from unlawful search and seizure

5.16. Provisional remedies

5.16.1. Nature
 5.16.2. Kinds of provisional remedies

145) You are the prosecutor. What is your

remedy –

a) if the court grants the motion to

quash filed by the accused on the ground of
lack of jurisdiction over the offense?

b) if the accused, who is out on bail,

fails to appear in court for arraignment?

c) if the demurrer to evidence filed by

the accused was granted by the court, and
you believe that the court acted with grave
abuse of discretion in granting the demurrer
to evidence?

d) if there are several accused, and

you have no direct evidence available for the
proper prosecution of the offense committed?

e) if, before arraignment, you want

to amend the Information from murder to
homicide?

MCQ
146) An amendment of the Information before plea, which downgrades the nature of the
offense charged therein, can be made:
a) upon motion by the prosecutor, with notice to the offended party and with leave of court;
b) upon motion by the accused, with notice to the offended party and with leave of court;
c) upon the court’s own initiative, but with the consent of the accused;
d) upon the court’s own initiative, but after giving the prosecution an opportunity to be heard.

147) The remedy of the prosecution from an order of the trial court granting the demurrer to
evidence filed by the accused is:
(a) appeal from the order granting demurrer to evidence;
(b) motion for reconsideration, asking the court to set aside the said order;
(c) motion for retrial, asking the court to allow presentation of additional evidence;
(d) certiorari under Rule 65, if the court is shown to have acted with grave abuse of discretion
in granting the demurrer to evidence.
148) If an appeal is taken to the wrong court, may this erroneous appeal be transferred to the
correct appellate court?
(a) Yes, because the right to appeal should not be defeated by mere
technicality
(b) Yes, because the court to which the appeal is brought has the inherent
power to transfer the erroneous appeal to the correct appellate court
(c) Yes, because the correct appellate court should be informed of the appeal
taken by the appellant
(d) No, because an appeal erroneously taken shall be dismissed outright

149) The remedy of the prosecution against an order of the trial court granting the demurrer
to evidence filed by the accused is:
(a) motion for new trial
(b) motion for reopening of trial
(c) appeal
(d) certiorari under Rule 65

150) A party’s appeal by notice of appeal is deemed perfected as to him upon the:
(a) filing of the notice of appeal and record on appeal in due time;
(b) filing of the notice of appeal in due time;
(c) filing of the record on appeal in due time;
(d) approval of the record on appeal filed in due time.

151) Appeal from the judgment of the Regional Trial Court rendered by it in the exercise of its
appellate jurisdiction should be brought to the Court of Appeals:
(a) by notice of appeal;
(b) by petition for review on certiorari;
(c) by petition for review under Rule 42;
(d) by petition for review under Rule 43.

152) If the appeal is brought to the Court of Appeals by notice of appeal filed with the Regional
Trial Court, the appellant may withdraw his appeal:
(a) as a matter of right, after appellee’s brief has been filed;
(b) as a matter of right, before the filing of appellee’s brief;
(c) in the discretion of the court, before the filing of appellee’s brief;
(d) in the discretion of the court, before the filing of appellant’s brief.

153) Bail shall be effective upon its approval, and unless cancelled, shall remain in force at all
stages of the case:
(a) until promulgation of judgment by the Regional Trial Court in a case originally filed
in it
(b) until promulgation of judgment by the Regional Trial Court in a case appealed to it
(c) before promulgation of judgment by the Regional Trial Court in a case originally
filed in or appealed to it
(d) until promulgation of judgment by the Regional Trial Court in a case originally filed
in or appealed to it
154) One of the conditions of bail is that the accused shall appear before the court:
(a) at all stages of the proceedings
(b) only during trial
(c) whenever required by the court or by the Rules of Court
(d) whenever required for the purpose of perfecting his appeal

155) Where the grant of bail is a matter of discretion, the application for bail may be filed:
(a) only in the court of the city or municipality where he was arrested
(b) only in the court of the city or municipality where he is being held
(c) only in the court where the case is pending whether on trial or appeal
(d) only in the court where he was arraigned

156) Among the things to be considered at the pretrial of criminal cases is:
(a) amicable settlement
(b) stipulation of facts
(c) reference of the issues to a commissioner
(d) amendment of the complaint or information

157) After having bargained for a lesser penalty, the accused pleaded guilty to the charge of
homicide set forth in the information. This plea of guilty is:
(a) valid although it is a conditional plea of guilty
(b) void because it is a conditional plea of guilty
(c) valid because the accused himself entered his plea
(d) void because the accused should always enter a plea of not guilty

158) At the hearing on the motion for the discharge of an accused to be utilized as a state
witness, his sworn statement shall be presented by the prosecution as evidence. At the trial the
sworn statement of the witness shall be inadmissible in evidence if the court:
(a) grants the motion
(b) denies the motion
(c) defers hearing on the motion
(d) fails to act on the motion

159) The order of the court discharging an accused to be utilized as a state witness amounts
to:
(a) an acquittal of the discharged accused
(b) an adjudication of the case on its merits
(c) an acquittal of all the accused
(d) dismissal of the case

160) A case may be reopened to avoid a miscarriage of justice:

(a) after finality of the judgment of conviction
(b) before finality of the judgment of conviction
 (c) before rendition of judgment
(d) after the case is submitted for decision

161) The accused who files a demurrer to evidence does not waive his right to present evidence
in the event his demurrer is denied if he filed his demurrer:
(a) with prior leave of court
(b) with prior notice to the prosecution
(c) with the consent of the offended party
(d) after filing with the court a motion for leave to file demurrer to evidence

162) If there are several accused, and the prosecutor has no direct evidence available for the
proper prosecution of the offense committed, the remedy of the prosecution is:
(a) to move for the dismissal of the case with the express consent of the all the
accused
(b) to exclude one or some of the accused by amending the information even without
leave of court and utilized the excluded accused as witnesses against the remaining
accused
(c) to withdraw the information and refile it as soon as a witness becomes available
(d) to move for the discharge of one or some of the accused to be utilized as state
witnesses

163) If the accused has been detained for a period equal to or more than the maximum of the
imposable penalty, he:
(a) may be released on recognizance
(b) may be released on bail
(c) should be released immediately without bail or recognizance, unless there are other
valid causes for his further detention
(d) should be released immediately, provided there is a finding by the court that he is
not guilty

164) If the accused fails to appear at the promulgation of judgment despite due notice to him,
the judgment:
(a) cannot be promulgated
(b) shall be promulgated by reading it to his counsel who may be required to stand in
lieu of the accused, just like in the movies
(c) shall be promulgated by recording it in the criminal docket and furnishing the
prosecution with a copy thereof
(d) shall be promulgated by recording it in the criminal docket and furnishing the
accused with a copy thereof through his counsel or at his last known address

165) The accused was convicted of homicide in the judgment promulgated by the RTC on
October 4, 2011. The judgment was promulgated in his absence because he failed to appear at
the promulgation notwithstanding due notice to him. He received a copy of the judgment
through his counsel on October 5. His remedy is:
 (a) he must surrender himself and file a motion for leave to avail of the remedies on or
before October 19, 2011
(b) he must file a notice of appeal on or before October 19, 2011
(c) he must surrender himself and file a motion for leave to avail of the remedies on or
before October 20, 2011
(d) he must file a motion for reconsideration on or before October 20, 2011

166) If the defendant is the Republic of the Philippines, service of summons may be effected on
the:
(a) Solicitor General
(b) Ombudsman
(c) Executive Secretary
(d) President

167) If a new trial is granted, the original judgment or final order is:
(a) stayed;
(b) vacated;
(c) nullified;
(d) executed.

168) It may be filed by the defendant after the plaintiff has completed the presentation of his
evidence on the ground of insufficiency of evidence:
(a) demurrer to evidence
(b) motion for leave to file demurrer to evidence
(c) motion for judgment on the pleadings
(d) motion for summary judgment

169) The date of the finality of the judgment shall be deemed to be the:
(a) date of its rendition
(b) date of its promulgation
(c) date of its execution
(d) date of its entry

170) The remedy of the defendant whose demurrer to evidence is denied by the court is:
(a) to present his evidence
(b) to appeal from the order denying his demurrer
(c) to file a motion for leave to present his evidence
(d) to file a petition for mandamus to compel the trial court to grant his demurrer

171) A party’s appeal by notice of appeal is deemed perfected as to him upon the:
(a) approval of the notice of appeal and record on appeal filed in due time
(b) filing of the notice of appeal in due time
(c) filing of the record on appeal in due time
(d) approval of the record on appeal filed in due time
172) When arraigned, the accused pleaded guilty to the charge of raping his own daughter, but
he bargained for a lesser penalty. Complaint’s mother and the public prosecutor agreed to the
imposition of a lesser penalty. The trial court sentenced the accused to suffer an imprisonment
of ten years. Is this a valid plea bargaining?
(a) Yes, because the complainant’s mother and the public prosecutor gave their conformity
thereto;
(b) No, because the penalty is too low;
(c) No, because the accused is the father of the victim;
(d) No, because the accused did not plead guilty to a lesser offense which is necessarily
included in the crime charged.

True or False
173) In appeal by notice of appeal, the trial court loses jurisdiction over the case upon the
approval of the record on appeal filed in due time and the expiration of the time to appeal of
the other parties.

174) The court that has the competence to rule that an appeal is frivolous or dilatory is the
appellate court.

175) Like pretrial, trial is always mandatory.

176) A resolution issued by the Office of the President is appealable to the Court of Appeals
under Rule 45.