SECTION III-A Set A

USST Colleges Department of Criminology Criminal Procedure III-A, B, C 1st Semester, A.Y. 2013-2014 FINAL EXAM 17 OCTOBER 2013 [SET A]
BY SIGNING YOUR NAME BELOW, YOU ATTEST THAT YOU READ THE INSTRUCTIONS AND THAT YOU WILL NOT CHEAT NOR AID YOUR CLASSMATE IN CHEATING ON THIS EXAM, AND THAT YOU UNDERSTAND THAT IF YOU ARE FOUND DOING SO, YOU MAY BE SUSPENDED OR EXPELLED FROM USST COLLEGES. NAME OF STUDENT: _________________________________________ SIGNATURE: _________________________________________

PART I. MULTIPLE CHOICE (2 points each) Read the facts carefully. Based on the facts given, choose the best answer. Write the letter of your answer in the blank provided. FACTS (Nos. 1-5): Upon an Information filed with the Regional Trial Court of Tarlac City, signed by Cotabato City Prosecutor Magtanggol, Accused AlJunelle Misla was charged with concubinage (punishable by maximum penalty of imprisonment for 4 years and 1 day) alleged to have been committed in Tarlac City. Accused Mr. Mislas lawyer believes the Information should be quashed citing 2 grounds. _______ 1.) When should the lawyer file a Motion to Quash:

a.) b.) c.) d.) e.)

Not later than five (5) days before pre-trial. Not later than five (5) days after his arraignment. Any time before Accused Misla enters his plea. All of the above None of the above

_______ 2.) The Information for concubinage can be quashed based on the ground that: a.) b.) c.) d.) e.) The court has no jurisdiction over the offense charged. The court has no jurisdiction over the person of the accused. There was no preliminary investigation conducted. All of the above None of the above

_______ 3.) Aside from your answer above, what other ground can be used by accused Mislas lawyer in filing a Motion to Quash: a.) The facts charged do not constitute an offense b.) The court has no jurisdiction over the person of the accused c.) The officer who filed the information had no authority to do so d.) All of the above e.) None of the above _______ 4.) The rule is that the court shall consider no ground other than those stated in the Motion to Quash but even if Mislas lawyer fails to allege this ground in a Motion to Quash, the

court may still consider it. What ground is this? a.) b.) c.) d.) e.) The court has no jurisdiction over the person of the accused The complaint or information does not conform substantially to the prescribed form The officer who filed the information had no authority to do so All of the above. None of the above.

_______ 5.) If the criminal case against Mr. Misla has been provisionally dismissed, when does it become permanent? a.) 30 days from receipt of the order granting provisional dimissal b.) 1 year after issuance of the order granting provisional dismissal c.) 2 years after issuance of the order granting provisional dimissal d.) All of the above. e.) None of the above. FACTS (Nos. 6-10) In a criminal case for Serious Physical Injuries, Mr. T was found guilty and therefore convicted of the crime. During the promulgation of judgment on September 1, 2013, Mr. T was not present because he was watching his favorite actor Coco Martin in Juan Dela Cruz. The judgment reads: WHEREFORE, premises considered, the Court finds accused Mr. T PARTLY GUILTY beyond reasonable doubt and is hereby sentenced to spend time in jail and to indemnify Ms. May Sakit the amount of 3,850.00 representing medical expenses without subsidiary imprisonment in case of insolvency and to pay the costs. It appearing that Mr. T has not been apprehended nor voluntarily surrendered despite warrant issued for his arrest, let warrant be issued for his arrest. _________ 6.) Based on your understanding of the definition and contents of a judgment of conviction what is wrong with the above judgment? a.) The judgment does not say whether the accused is guilty or not guilty b.) The judgment does not specify the legal qualifications of the offense c.) The judgment does not specify the penalty imposed upon the accused d.) All of the above e.) None of the above __________7.) Not happy with his conviction, Mr. T filed his appeal on September 13, 2014. The appeal is: a.) b.) c.) d.) e.) Within the period to appeal Too early or premature to file an appeal Out of time to file an appeal All of the above None of the above

_________ 8.) When does the judgment of conviction against Mr. T become final? a.) within 60 days from promulgation b.) after 1 year from the c.) after the lapse of the period for perfecting an appeal d.) All of the above e.) None of the above _________ 9.) During the trial of Mr. T, the judge ruled that the evidence found was inadmissible because it was obtained in violation of his constitutional rights. However, the judge,

in his Judgment convicted T based on that evidence. What should Mr. T file? a.) b.) c.) d.) e.) Motion for New Trial Motion to Quash Demurrer to Evidence All of the above None of the above

________ 10.) In case the accused failed to object to or file a Motion to Quash against a single information charging 2 or more offenses: a.) the court may convict him only of the offense with the higher penalty b.) the court may convict him of as many offenses as are charged and proved c.) the court may convict him of the offense with the lower penalty d.) all of the above e.) none of the above
FACTS (Nos. 11-15) During the arraignment for a murder case, the accused agreed to plead guilty to homicide but the offended party was absent and failed to appear despite due notice. When the offended party learned about the accuseds guilty plea to a lower offense, she refused to attend the pre-trial conference. She received notices from the Court but did not attend because she was still angry the accused was allowed to plead guilty to homicide.

_______11.) What is the consequence of the offended partys refusal to attend the pre-trial? a.) Nothing, its her right to be absent. b.) The judge can impose sanctions on the offended party. c.) It depends on whether or not the prosecutor files a motion to cite the offended party in contempt of court. d.) All of the above. e.) None of the above. _______12.) Is pre-trial mandatory or required? a.) No, pre-trial is optional. b.) Yes, pre-trial is mandatory. c.) It depends on the crime involved. d.) All of the above. e.) None of the above. _______13.) The offended party wants to question the proceedings in the pre-trial. She believes that there was an irregularity in the proceedings. What is the proper order or sequence of the proceedings when a pre-trial is held? a.) Pre-Trial Order Pre-Trial Conference Pre-Trial Agreement b.) Pre-Trial Agreement Pre-Trial Order Pre-Trial Conference c.) Pre-Trial Conference Pre-Trial Agreement Pre-Trial Order d.) All of the above e.) None of the above _______14.) What may not be the subject of a pre-trial agreement: a.) Waiver of objections to admissibility of evidence b.) Stipulation of facts c.) The judge who will try the case d.) All of the above e.) None of the above ________15.) If there is a Pre-Trial Agreement between the offended party and the accused but the Pre-Trial Agreement is not signed and was only made verbally or orally, can the Pre-Trial

Agreement be used against the accused? a.) Yes, an oral agreement is valid. b.) No, the Pre-Trial Agreement should be signed by the accused and his counsel. c.) Yes, it is enough that accused and counsel are present during the Pre-Trial for the agreement to be valid. d.) All of the above. e.) None of the above. FACTS (Nos. 16-20) In the criminal case of People vs. Hermenegildo Mucha, the counsel for accused Mucha, filed a Motion for Leave of Court to file a Demurrer to Evidence on September 20. The judge issued an order granting the motion. On September 30, the accused filed his Demurrer to Evidence with the court. On October 1, the Prosecution received the Demurrer by registered mail from Accused. _______16.) When is the deadline for the Prosecution to file an Opposition to the Demurrer? a.) The date the court issues an Order granting the Motion for Leave to File a Demurrer b.) The date the Prosecution receives the Demurrer to Evidence c.) The date the court receives the Demurrer to Evidence d.) All of the above e.) None of the above _______17.) What is the effect of the order granting the demurrer? a.) b.) c.) d.) e.) The case is dismissed The accused is acquitted The prosecution is barred from filing again because of double jeopardy All of the above None of the above.

_______18.) If instead of granting, the court denied the demurrer, what is the effect of the denial? a.) b.) c.) d.) e.) The accused loses the right to present evidence The accused is acquitted The accused can now proceed to adduce evidence in his defense. All of the above None of the above

_______19.) What happens to the accused if he/she files a Demurrer to Evidence without leave of court, and such demurrer is denied? a.) b.) c.) d.) e.) The accused loses the right to present evidence The accused can file a Motion to Quash instead The accused can proceed to adduce evidence in his defense. All of the above None of the above

________20.) In question no.16, when is the deadline for the Prosecution to file an opposition? a.) b.) c.) d.) e.) October 10 October 6 October 5 All of the above None of the above

FACTS (No.21-25): Jeffrey Rodriguez is charged before the Regional Trial Court of Quezon City with the crime of robbery, on the occasion of which a homicide was committed. The applicable penalty is reclusion perpetua to death. Jeffrey is about to go to trial after having completed the Pre-Trial stage. ______21. The court granted Jeffrey Rodriguez sixteen (16) days to prepare for trial. His lawyer objected and asked for thirty (30) days, but the judge denied his request. The prosecution agreed with the judge that Jeffrey Rodriguez has enough time to prepare for trial. Who is correct? a.) b.) c.) d.) e.) The judge The counsel for the accused The prosecution All of the above None of the above

_______22.) Based on the facts above, when does trial begin for Jeffrey? a.) b.) c.) d.) e.) Within seven (7) days from receipt of the Pre-Trial Agreement Within fifteen (15) days from the date of the Pre-Trial conference Within thirty (30) days from receipt of the Pre-Trial Order All of the above None of the above

_______23.) The Constitution and the Rules of Criminal Procedure provide that the accused has the right to a speedy trial. This means that if Jeffrey Rodriguez finished all the pre-trial proceedings and the judge sets his case for trial after one (1) year or 365 days, his right to a speedy trial has been violated. Based on this ground, can Jeffrey Rodriguez have the case dismissed via a Motion to Quash? a.) Yes, violation of his right to a speedy trial is among the grounds of a Motion to Quash. b.) No, the Motion to Quash does not include the right to a speedy trial as one of its grounds. c.) No, Jeffrey should file a Demurrer to Evidence instead. d.) All of the above e.) None of the above. ______24.) In general, the order of trial shall be in this order: a.) b.) c.) d.) e.) Prosecution, Defense, butter, rebutter, and sur-rebutter evidence Defense, Prosecution, buttal, rebuttal and sur-rebuttal evidence Prosecution, Defense, rebuttal, and sur-rebuttal evidence All of the above None of the above

______25.) If the accused pleads guilty to a criminal offense, admitting the act or omission charged in the complaint, but presents evidence to show a valid justification for doing so, the effect is that the order of trial: a.) b.) c.) d.) e.) May be modified, such that the defense presents evidence first Is not changed Its not necessary to hold a trial since the accused already pleaded guilty. All of the above None of the above.

FACTS (NOS.26-29):
In April of 2010, Accused X was charged before the Regional Trial Court with the crime of Reckless Imprudence Resulting in Homicide for a hit-and-run which killed Mr. Y. Due to the lack of available witnesses and strong evidence, the prosecution failed to prove its case and as a result, Accused X was acquitted of the crime in a judgment promulgated by the Court on August 15, 2012. In February of 2013, a witness came forward and positively identified Accused X as the driver who was driving recklessly and killed Mr. Y. As a result, on October 12, 2013, after conducting a preliminary investigation, the prosecution filed a new information in the same court charging Accused X with the crime of Reckless Imprudence Resulting in Homicide for the hit-and-run which killed Mr. Y.

_______ 26.) Can accused still be charged with the same crime he committed in 2010 in the present case? a.) b.) c.) d.) e.) Yes, because the witness only came forward in 2013. No, because there is double jeopardy in this case. It depends on whether or not there was a provisional dismissal. All of the above None of the above

_______ 27.) Based on your answer, what should the accused file? a.) b.) c.) d.) e.) Motion for New Trial Based on Newly Discovered Evidence Motion for Quash Motion to Dismiss All of the above None of the above

_______ 28.) What is the effect of accuseds acquittal in 2010 on the new information filed in 2013? a.) The acquittal is a bar to prosecution accused cannot be charged again of the same crime b.) The acquittal has no effect c.) The acquittal can make the case a conviction d.) All of the above e.) None of the above _______ 29.) Suppose accused was convicted of Reckless lmprudence Resulting in Homicide in 2010 and the new information filed in 2013 based on the same crime charges Murder instead. Can the accused still be charged with the same offense? a.) Yes, because the testimony of the witness is considered newly discovered evidence b.) No, because double jeopardy applies to conviction c.) It depends on whether or not that testimony of the witness has a significant impact on the judgment in 2010 such that the case needs to be reopened d.) All of the above e.) None of the above _______ 30.) A, B, and C are accused of kidnapping for ransom a certain businessman named Mr. Camote. However, after a change of heart, Mr. C approached the Prosecutor after the Prosecution had rested its case and told him he wants to testify as a state witness against his co-accused. Afterwards, Prosecution then offered the testimony of Mr. C as a state witness. If you were the judge, what would you decide?

a.) b.) c.) d.) e.)

Grant the Motion Deny the Motion Appeal the case All of the above None of the above

Part II. True or False (20 points) _______1.) A Motion to Quash always has the effect of dismissing the case _______2.) In order to be used against the accused, any agreement entered into during Pre-trial needs to be in writing and signed by both the accused and counsel. _______3.) In all criminal cases appealed before the Court of Appeals, a Pre-trial is mandatory. _______4.) An oral judgment is valid. _______5.) Promulgation of judgment without the presence of the accused or in absentia, is permitted. _______6.) A Judicial Order is the same as a Judgment. _______7.) After its promulgation, judgment automatically becomes final and not appealable. _______8.) The effect of the discharge of an accused as a state witness is that of acquittal. _______9.) The Motion to Quash is only available to the accused. _______10.) Citing lack of jurisdiction as a ground for Motion to Quash can be waived if not properly alleged or included in a Motion to Quash. _______11.) Accused Boyet Saksak and his counsel failed to appear during pre-trial without justifiable excuse. Thus, they are both liable for contempt of court. _______12.) Mr. Imeldo Marcos must be the least guilty among his co-accused to be discharged as a state witness. _______13.) Demurrer to evidence may be filed by the prosecution after the defense rests its case. _______14.) The prosecution may appeal a judgment of acquittal. _______15.) Only cases decided by the Court of Appeals may be appealed to the Supreme Court. _______16.) In general, the accused has 15 days within which to file an appeal. _______17.) Double jeopardy serves as a bar in appealing from a judgment of acquittal. _______18.) A judgment becomes final after the lapse of the period for perfecting an appeal. _______19.) The judge may, acting on his own (motu proprio) and without need of a motion, reopen trial proceedings to avoid a miscarriage of justice. _______20.) A Motion for New Trial may be made orally, in open court. BONUS: (3 points each) 1. The rule is that no person shall be admitted to bail when charged with a capital offense, or an offense punishable by reclusion perpetua, or life imprisonment, when: a. b. c. d. e. evidence of guilt is strong theres a strong feeling that accused is guilty the accused is convicted before the Metropolitan Trial Court All of the above None of the above

2. When is bail discretionary on the part of the judge? a. before conviction by the Metropolitan Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment b. after conviction by the Metropolitan Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment c. Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment d. All of the above e. None of the above 3. Before or after conviction by the MeTC, MTC, MTCC, MCTC, and before conviction by the RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment, bail is: a. no longer allowed b. discretionary c. a matter of right d. all of the above e. None of the above

4. Bail may be given in the form of: a. cash deposit only b. property bond, cash deposit, recognizance c. cash deposit, property bond, corporate surety, or recognizance d. all of the above e. none of the above 5. What is meant by bail on recognizance? ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________