CRIMINAL PROCEDURE, RULE 117, SEC.

6-7
1. There can be no further prosecution if a case is quashed on the ground that a. The facts charged do not constitute an offense b. The court trying the case has no jurisdiction over the offense charged c. The criminal action or liability has been extinguished d. More than one offense is charged except when a single punishment for various offenses is punishable by law Answer: c 2. The existence of double jeopardy constitutes a bar to a second prosecution for a. Any offense which necessarily includes or is necessarily included in the first offense charged b. Any offense which may or may not be included in the first offense charged c. The same offense, but excluding attempt to commit or a frustration of the said offense d. All offenses similar in nature as the first offense Answer: a 3. In order that double jeopardy can exist in the second case, one of the requisites in the first case was that a. The court had no jurisdiction b. The accused had been arraigned and had pleaded c. The complaint or information was not sufficient in form and substance to sustain a conviction d. The case was dismissed with the express consent of the accused Answer: b 4. The accused filed a motion to quash on the ground that the complaint or information does not conform substantially to the prescribed form. What will the court do if the defect in the complaint or information is curable by amendment? a. The court will grant the motion to quash but double jeopardy will attach. b. The court will grant the motion to quash but double jeopardy will not attach. c. The court will deny the motion to quash only if the complainant consented. d. The court will deny the motion to quash and order the filing of an amended information. Answer: d 5. An order denying a motion to quash a. Is appealable b. Is not appealable c. Can be controlled by certiorari in another court of coordinate rank d. Can be controlled by mandamus in another court of coordinate rank Answer: b 6. A motion to quash is sustained by the court on the ground of double jeopardy. Under these circumstances, which of the following is correct? a. The order is not a bar to another prosecution for the same offense. b. The order is not appealable. c. There can be no further prosecution for the same offense.

d. The complaint or information can be amended by the prosecution. Answer: c 7. The first case against the accused was dismissed provisionally by the court based on lack of evidence. This dismissal is actually an acquittal. A second case against the accused for the same offense is filed by the prosecution. The accused can successfully invoke double jeopardy a. If he consented to the dismissal of the first case b. If he did not consent to the dismissal of the first case c. If the counsels of both parties agree on the dismissal of the first case d. Whether he consented or not to the dismissal of the first case Answer: d 8. The court dismissed a case on the ground that the proceedings have been unreasonably prolonged in violation of the right of the accused to speedy trial. If the prosecution moved for reconsideration, the accused can successfully claim double jeopardy if he a. Waived his right to speedy trial b. Consistently objected to the prosecutions motions for postponement c. Conformed with the prosecutions motions for postponement d. Consented to the dismissal of the case Answer: b 9. The court dismissed provisionally the case against the accused but the accused objected to the dismissal as it would deprive him of his right to speedy trial. Upon such objection of the accused and failure of the prosecution to proceed, the court dismissed the case. Which of the following is correct? a. Such dismissal amounts to an acquittal. b. Such dismissal is not based on the merits. c. Such dismissal is not yet final and can still be reconsidered. d. Another prosecution for the same offense does not constitute double jeopardy. Answer: a 10. Which of the following is not an element of double jeopardy? a. Valid and sufficient complaint or information b. Court of competent jurisdiction c. Preliminary investigation d. Prior conviction, acquittal, dismissal or termination of the case Answer: c