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Remedial Law Rev QS
Remedial Law Rev QS
27. The rule is a complaint or information must charge only one offense. What is the
effect if the complaint or information charges more than one offenses?
28. Distinguish amendment from substitution of a complaint or information.
29. What is the effect of formal amendment?
1. 25.What is substantial amendment?
30. What should the prosecutor do if amendment in the Information downgrades the
nature of the offense?
31. When can amendment be had as a matter of right? With leave of court?
32. When is substitution proper?
33. When may the private offended party intervene in criminal action?
34. Distinguish summons from a subpoena.
35. Armando was charged with frustrated homicide. Before he entered his plea and
upon the advice of his counsel, he manifested his willingness to admit having
committed the offense of serious physical injuries. The prosecution then filed an
amended information for serious physical injuries against Armando. What steps
or action should the prosecution take so that the amended information against
Armando which downgrades the nature of the offense could be validly made?
Why?
36. What must prevail in case of conflict between the designation of the crime and
the recital of the facts constituting the offense?
37. What is the effect of failure to state qualifying and aggravating circumstance in
the complaint or information?
38. What is the effect in case of failure to move for the quashal of a complaint
containing more the one offense?
39. May the accused be convicted of a crime more serious than that named in the
information?
40. What is the Doctrine of Parens Patriae as enunciated under Section 5, Rule 110
of the Rules of Court?
41. Fey, a minor orphan was subjected to acts of lasciviousness performed by her
uncle Polo. She informed her grandparents but was told not to file charges. Fey
now asks you as counsel how she could make her uncle liable. What would your
advice be? Explain.
Suppose the crime committed against Fey by her uncle is rape, witnessed by
your mutual friend Isay. But this time, Fey was prevailed upon by her
grandparents not to file charges. Isay asks you if she can initiate the complaint
against Polo. Would your answer be the same? Explain.
42. If the offended party dies or becomes incapacitated, who can file the complaint?
43. After the requisite proceedings, the Provincial Prosecutor filed an Information for
homicide against Peter. The latter however, timely filed a Petition for Review of
the Resolution of the Provincial Prosecutor with the Secretary of Justice who, in
due time, issued a Resolution reversing the resolution of the Provincial
Prosecutor and directing him to withdraw the Information. Before the Provincial
Prosecutor could comply with the directive of the Secretary of Justice, the court
issued a warrant of arrest against Peter. The Public Prosecutor filed a Motion to
Quash the Warrant of Arrest and to withdraw the Information, attaching to it the
Resolution of the Secretary of Justice. The court denied the motion. Was there a
legal basis for the court to deny the motion?
Rule 111
a. The judge before issuing the warrant did not personally conduct asearching examination of
the prosecution witnesses in violation of his client's constitutionally-mandated rights;
b. There was no prior order finding probable cause before the judge issued the arrest warrant.
May the warrant of arrest be quashed on the grounds cited by Rapido' s counsel? State your
reason for each ground.
10. What are the instances when warrant of arrest is not necessary?
11. On his way home, a member of the Caloocan City police force witnessed a bus robbery in
Pasay City and effects the arrest of the suspect. Can he bring the suspect to Caloocan City for
booking since that is where he is stationed? Explain briefly.
12. Jose, Alberto and Romeo were charged with murder. Upon filing of the information, the RTC
judge issued the warrants of arrest. Learning of the issuance of the warrants, the 3 accused
jointly filed a motion for reinvestigation and for the recall of the warrants of arrest. On the date
set for hearing of their motion, none of the accused showed up in the court for fear of being
arrested. The RTC judge denied their motion. Did the RTC rule correctly?
18. Fred was arrested without a warrant. After preliminary investigation, an information was
filed in court. He pleaded not guilty during arraignment. After trial on the merits, he was found
guilty by the court. On appeal he claims that judgment was void due to his illegal arrest. As
Solicitor General, how would you refute said claim?
20. Explain the right of officer to break into and to break out from building or enclosure in
effecting arrest.
Rule 115
27. What may the accused do before arraignment if there are defects of the information
against him?
28. What are the remedies/options available to an accused before arraignment?
29. Is the accused presumed to have been arraigned in the absence of proof to the
contrary?
30. Is the accused entitled to know in advance the names of all the prosecution
witnesses?
31. In what instances may an arraignment made after the prosecution had already
rested its case be considered cured?
33. May arraignment be made after a case has been submitted for decision?
34. Can the prosecution call witnesses that are not listed in the information?
35. X was charged with homicide. He entered a plea of guilty. He was later allowed to
testify in order to prove the mitigating circumstance of incomplete self-defense. At the
trial, he presented evidence to prove that he acted in complete self-defense. The court
acquitted him. Later, X was again charged with physical injuries. X invoked double
jeopardy. Can X be prosecuted again for physical injuries?
36. X was tried for murder without having been arraigned. At the trial, X’s counsel
presented witnesses and cross-examined the prosecution witnesses. It was only after
the case was submitted for decision that X was arraigned. X was convicted. Can X
invoke the failure of the court to arraign him before trial as a ground for questioning the
conviction?
37. Who is a counsel de officio?
38. What is the period allowed for the preparation of a counsel de officio for his plea?
39. What is the difference between the duty of the court to appoint counsel de officio
during arraignment and during trial?
58. In plea bargaining, may the trial court allow the accused to plead guilty to a lesser
offense without the consent of the private offended party?
60. D was charged with theft of an article worth Php15,000. Upon being arraigned he
pleaded not guilty to the offense charged. Thereafter, before trial commenced, he asked
the court to allow him to change his plea of not guilty to a plea of guilty but only to estafa
involving P5,000. Can the court allow D to change his plea? Why?
61. X is charged with homicide. He pleads guilty, but tells the judge “hindi ko
sinasadya.” Is his plea valid?
62. X is charged with homicide. He pleads guilty but presents evidence to establish
self-defense. What should the court do?
63.What is improvident plea?
64. Can an improvident plea of guilty be withdrawn as a matter of right?
65. When may an improvident plea be withdrawn?
66. What is the effect of withdrawal of improvident plea?
67. Instances of improvident plea.
68. What is the remedy of the accused if he made an improvident plea of guilty?
69. What shall the court do with an improvident plea?
70. Can a court validly convict an accused based on an improvident plea of guilty?
71. When may a conviction based on an improvident plea of guilty be set aside?
72. What are the requisites of a voluntary plea of guilty?
73. What is a conditional plea?
74. What is the effect if the accused refuses to plead or makes a conditional plea?
75. When plea of guilty to a lesser offense may be made?
76. What are the requisites for the accused to enter a plea of guilty to a lesser offense?
77. Is there a need to amend the information if the accused enters a plea to a lesser
offense?
78. What is the effect if the plea to a lesser offense is without the consent of the
offended party and the prosecutor?
79. May the accused plead guilty to a lesser offense which is not necessarily included in
the crime charged?
80. In case an accused pleads guilty to a capital offense, what shall the court do?
81. What is the meaning of the duty of the judge to conduct a “searching inquiry”?
82. What is the purpose of conducting a searching inquiry?
83. What are the duties of the judge in conducting a searching inquiry?
84. If the accused pleads guilty to an offense not capital, is the court required to conduct
searching inquiry?
85. What is Bill of Particulars?
86. What is the effect of failure to file bill of particulars?
87. When can the accused move for a bill of particulars?
9. If the motion to quash is denied, what are the remedies of the accused?
11. An order sustaining the motion to quash is not a bar to another prosecution for the
same offense. Is the rule absolute?
16. Can a person convicted by a court-martial be prosecuted again in the civil court?
Why?
17. Is there double jeopardy when the complaint or information was dismissed before
the defendant has been arraigned and had pleaded thereto?
19. What are the tests in determining the identity of the offenses for the purpose of
applying the rule on double jeopardy?
21. Give the instances where double jeopardy will not attach.
24. Give the instances when dismissal of the case is tantamount to an acquittal.
31. Will the extinguishment of the crimes result in the extinguishment of the civil liability
of the accused?
33. What is the effect of absolute pardon insofar as the criminal liability of the accused
is concerned?
34. What remedy can be taken by the prosecution in case a motion to quash is granted?
40. When would double jeopardy apply even if the termination of the case was with the
express consent of the accused?
43. May the court consider other grounds for motion to quash not alleged?
44. What should the court do if the motion to quash based on the ground that the facts
charged do not constitute an offense?
45. Does the execution of an affidavit of desistance a ground for a motion to quash?
46. X was charged with qualified theft. X moved to dismiss on the ground of
insufficiency of the information. The case was dismissed. Subsequently, the
prosecution filed a corrected information. Can X plead double jeopardy?
47. X was charged with theft. During the trial, the prosecution was able to prove estafa.
X was acquitted of theft. Can X be prosecuted for estafa later without placing him in
double jeopardy?
48. X was charged with theft. On the day of the trial, the prosecution could not go to
trial because important witnesses were unable to appear. Counsel for the accused
moved to dismiss the case. The court dismissed the case provisionally. Subsequently,
X was charged with theft again. Can X invoke double jeopardy?
49. X was charged with theft. During trial, the evidence showed that the offense
committed was actually estafa. What should the judge do?
50. X was charged with homicide. On the first day of trial, the prosecution failed to
appear. The court dismissed the case on the ground of violation of the right of the
accused to speedy trial. X was later charged with murder. Can X invoke double
jeopardy?
51. X was charged with reckless imprudence resulting in homicide and was acquitted.
The heirs of the victim appealed the civil aspect of the judgment. X claims that the
appeal will place him in double jeopardy. Is X correct?
52. The information against Roger Alindogan for the crime of acts of lasciviousness
under Article 336 of the Revised Penal Code avers:
The accused wants to have the case dismissed because he believes that the charge is
confusing and the information is defective. What ground or grounds can he raise in
moving for the quashal of the information? Explain.
53. Bimby is charged with illegal possession of firearms under an information signed by
the Provincial Prosecutor. After arraignment but before pre-trial, he found out that the
Provincial Prosecutor had no authority to sign and file the Information as it was the City
Prosecutor who has such authority. During the pre-trial, Bimby moves that the case
against him be dismissed on the ground that the information is defective because the
officer signing it lacked the authority to do so. The Provincial Prosecutor opposes the
motion on the ground of estoppel as Bimby did not move to quash the Information
before arraignment. If you are the counsel for Bimby, what is your argument to refute
the opposition of the Provincial Prosecutor?
54. Juancho entered a plea of guilty when he was arraigned under an information for
homicide. To determine the penalty to be imposed, the trial court allowed Juancho to
present evidence proving any mitigating circumstance in his favor. Juancho was able to
establish complete self-defense. Convinced by the evidence adduced by Juancho, the
trial court rendered a verdict of acquittal. May the Prosecution assail the acquittal
without infringing the constitutional guarantee against double jeopardy in favor of
Juancho? Explain your answer.
57. What is meant by the statement that “a motion to quash hypothetically admits
allegations of fact in the information”?
58. X filed a motion to quash on the following grounds: that the court lacked jurisdiction
over the person of the accused and that the complaint charged more than one offense.
Can the court grant the motion on the ground of lack of jurisdiction over the person of
the accused?
59. X and Y were charged with adultery. While the case was being tried, X died. What
happens to the criminal liability of X and Y?
60. What is the proper action of the court when the accused raises the defense of
prescription?
61. The estafa case against X was dismissed, but the dismissal contained a reservation
of the right to file another action. Can another estafa case be filed against X without
placing him in double jeopardy?
62. If the accused fails to object to the motion to dismiss the case filed by the
prosecution, is he deemed to have consented to the dismissal? Can he still invoke
double jeopardy?
63. What are the exceptions to double jeopardy? When can the accused be charged
with a second offense which necessarily includes the offense charged in the former
complaint or information?
64. X filed a motion to quash an information on the ground that he was in the US when
the crime charged was committed. Should the motion be granted?
65. Can the accused still raise prescription as a defense even after conviction? Can the
defense of prescription be waived?
69. What is the test to determine whether the facts charged in the complaint or
information constitute an offense?
70. May the court consider the ground of lack of jurisdiction over the offense charged
even if not specified in the motion submitted?
71. What are the tests in determining the identity of offenses for the purpose of applying
the rule on double jeopardy?
72. What is the effect of marriage of the offender with the offended party in private
crimes?
RULE 119
1. What is trial?
2. When may the court exclude the public from the courtroom?
3. What are the duties of the Public Attorney where accused is imprisoned?
4. When shall trial commence?
5. What are the periods that should be excluded in computing the time within which
trial must commence?
6. What are examples of other proceedings concerning the accused which should
be excluded from the computation of time.
7. Distinguish trial from arraignment.
8. Distinguish trial from pre-trial.
9. What is the time limit for the trial of criminal cases? Are there exceptions to the
rule?
10. When a plea of guilty has been entered, how many days does the accused have
to prepare for trial?
11. What is the time limit following an order for new trial?
12. When is consolidation of trials of related offenses proper?
13. What is the object of consolidation of cases?
14. When can different offenses be tried jointly?
15. When two or more persons are jointly charged with an offense, they shall be tried
jointly. Is the rule absolute? If not, what is the exception?
16. State the rule in the trial of several accused.
17. In the instance of trial of several accused, may there be separate trial?
18. X was charged before the Sandiganbayan with malversation. Y is a co-principal
and a private individual. Can he be tried with X? Why?
19. Distinguish between a negative defense and an affirmative defense.
20. What are the remedies of the accused when a prosecuting officer without just
cause secures postponements of the trial against his protest beyond a
reasonable period of time.
21. What is the effect of failure of the accused to move for dismissal prior to trial?
22. What are the requisites to justify delay or suspension of trial by reason of the
absence of a witness?
23. In what order shall the trial proceed?
24. What is the concept of continuous trial?
25. What is the purpose of continuous trial system?
26. Within what time should the case be terminated under the continuous trial
system?
27. What are the duties of the Presiding Judge under the continuous trial system?
28. What factors should to be considered in granting continuance?
29. What are the prohibited grounds for continuance?
30. When may an accused have witnesses conditionally examined in his behalf?
31. How is examination of a defense witness made?
32. Can a prosecution witness be examined even before trial?
33. Can a defense witness be examined even before trial?
34. What shall the motion to examine the witness before trial contain?
35. When may the court impose bail to secure appearance of a material witness?
36. What is the effect of refusal to post bail?
37. What is conditional examination?
38. When can a witness for the prosecution be conditionally examined?
39. Suppose the prosecution or the defense has a witness but the witness is about to
depart the Philippines without a fixed date of return, or lives more than 100km
from the place of trial, or is otherwise unable to testify due to infirmities. What is
the remedy of the prosecution/defense?
40. May the private complainant apply for the conditional examination of a material
witness who is about to depart from the Philippines?
41. What is the viatory right of witness?
42. Is there a difference between taking the conditional examination of a prosecution
witness and that of a defense witness?
43. When is a witness for the prosecution conditionally examined?
44. What is the effect or refusal of the accused to attend the examination?
45. Who is a state witness?
46. State the requisites before an accused may become a state witness.
47. Can an accused who has pleaded guilty to an offense still be discharged as a
state witness?
48. What are the effects of discharged of accused as state witness?
49. Is the discharge of an accused as a state witness necessary before the
prosecution may be allowed to present him as a prosecution witness?
50. May the evidence adduced during the discharge hearing be admissible in
evidence during the trial?
51. Is the discharge of an accused to be a state witness proper when his testimony is
merely corroborative?
52. What is the meaning of “absolute necessity” of the testimony of the proposed
state witness?
53. Can the other conspirators be convicted solely based on the testimony of the
discharged state witness?
54. What is the effect if the motion to discharge the accused to be a state witness is
denied?
55. After being discharged, can the discharged accused be reincluded as one of the
accused?
56. What happens if the court improperly or erroneously discharges an accused as
state witness?
57. Petitioner claims that the public respondent judge erred when it ordered the
discharge of private respondents as state witnesses when the latter were already
charged along with the other accused, including him, before they were admitted
to the Witness Protection under RA 6981. Petitioner argues that if this were to be
allowed, the same is tantamount to permitting the prosecution to supplant with its
own the court’s exercise of discretion on how a case over which it has acquired
jurisdiction will proceed. Is the petition meritorious?
58. What are the differences between Discharge of an Accused under Rule 119 and
Admission to the Witness Protection Program?
59. Distinguish Use or Derivative Use Immunity from Transactional immunity.
60. What is reverse trial and when may it be resorted to?
61. What is trial in absentia?
62. What are the requisites of trial in absentia?
63. What is/are the effect/s of trial in absentia?
64. When may a witness be considered absent?
65. When may a witness be considered unavailable?
66. What are the instances when the presence of the accused is required?
67. What is the effect when a mistake is committed in charging the proper offense?
68. What is the effect of lack of formal offer of evidence during trial?
69. When is formal offer of evidence not necessary?
70. What is the concept of demurrer to evidence?
71. When to file demurrer to evidence?
72. What is the effect of filing a demurrer to evidence with leave of court?
73. What is the effect of filing a demurrer to evidence without leave of court?
74. What are the grounds for demurrer to evidence in a criminal case?
75. Is an order granting a motion to file demurrer to evidence appealable?
76. May an order granting a demurrer to evidence be reviewed?
77. What is the effect if after filing a demurrer to evidence and it is granted, the State
would appeal? Is the rule absolute?
78. After the prosecution rested it’s case, the accused filed a demurrer to evidence.
The judge granted it and later denied the prosecution’s motion for
reconsideration. What remedy is available to the prosecution in this case?
79. Distinguish demurrer to evidence in civil case from demurrer to evidence in
criminal case.
80. How is judgment promulgated?
81. What is the effect of the acquittal of the accused on the civil aspect of the case?
82. When may the criminal proceedings be reopened?
Rule 122
Rule 123-125
1. Is the procedure observed in the Regional Trial Courts the same in the MeTCs,
MTCs, and MCTCs?
2. Is there an exception in the above rule?
3. Who is an appellant? Who is an appellee?
4. May the Clerk of court of the Court of Appeals designate a counsel de officio? If
yes, cite the instances.
5. When may an appellant, in a criminal case, file his brief?
6. When may an appellee file his brief?
7. Is extension of time for filing briefs allowed? Is the rule absolute? If not, state the
exception/s.
8. May the court of appeals dismiss the appeal of the appellant motu proprio?
9. During the hearing of the appeal, is the presence of the accused mandatory?
10. The rule is that no judgment shall be reversed or modified. Is the rule absolute?
Explain.
11. May the accused file a motion for new trial with the Court of appeals? If yes, on
what ground?
12. When the motion for new trial is granted, what is the duty of the Court of
Appeals?
13. May a party allowed to file a motion for reconsideration before the Court of
Appeals?
14. May a party file a second motion for reconsideration before the Court of
Appeals?
15. What is the duty of the Court of Appeals if it finds the penalty of death should be
imposed?
16. What is the required form of a brief that is required to filed in the Court of
Appeals?
17. What are the contents of a brief?
18. When may an appellant file a reply brief?
19. What is the period within which the Court of Appeals should complete the trials or
hearings?
20. What is mittimus?
21. What is the nature of the right to appeal?
22. Who may appeal?
23. May the appellate court correct errors not raised in the appeal in criminal cases?
24. From a judgment convicting the accused, enumerate the modes of appeal that
can be taken?
25. When shall appeal be taken?
26. Where shall appeal be taken?
27. What are the effects of an appeal?
28. What are the grounds for the dismissal of an appeal?
29. What is the effect of perfection of appeal with regard to the jurisdiction of the
court?
30. What are the effects of an appeal taken by any of the several accused?
31. Is the appeal of the offended party from the civil aspect of the case affects the
criminal aspect of the judgment or order appealed from?
32. What is the effect of the death of the accused pending appeal?
33. May the appellate court entertain an appeal notwithstanding failure to give such
notice of appeal?
34. Can the appellant withdraw his appeal?
35. Can an appeal be mooted by accused's release on parole?
36. What are the effects of the appeal on the bail of the accused?
37. When shall the accused move for a new trial and on what ground?
38. In what instance where the conviction of the accused be reversed and be
acquitted?
39. What should the Court of Appeals do when it finds that the death penalty should
be imposed?
40. Is appeal a natural right?
RULE 126
Rule 127
1. What is the nature of provisional remedies?
2. What are the kinds of provisional remedies?
3. When can receivers be availed of?
4. When can support pendent lite be availed of?
5. When may a preliminary attachment available in criminal case?
6. Distinguish attachment from garnishment
7. What are the requisites for the issuance of a writ of preliminary injunction?
8. In what instance may the property of the accused be attached?
9. May one avail of provisional remedies in a criminal case?
10. Who may apply for attachment?
11. What is preliminary injunction?
12. What is receivership?
13. What is replevin?
14. What is support pendente lite?
15. What is a provisional remedy?
16. What is the purpose of availing of a provisional remedy?
17. If the civil action has been waived, reserved or instituted separately, may a
provisional remedy be availed of?
18. Can the public prosecutor apply for preliminary attachment?
19. When are provisional remedies not available?
20. What is preliminary attachment?
21. What are the requisites for the issuance of writ of preliminary attachment?
22. Distinguish between the preliminary injunction and temporary restraining order.
23. What are the kinds of injunction?
24. What are the requisites for the application for receivership?
25. What shall the court do before the termination of receivership?
26. What is the subject matter of replevin?
27. What are requisites for the issuance of writ of replevin?
28. Is notice to the adverse party required before a writ of preliminary attachment
may issue?
29. Is hearing necessary before a writ of attachment is issued?
30. Who has burden of proof when the attachment is challenged for having been
illegally or improperly issued?
31. When receivership is appointed?
32. May a Regional Trial Court issue injunction without bond?
33. Differentiate preliminary injunction and temporary restraining order (TRO).
34. What are the requisites for the issuance of a writ of a final injunction?
35. Who may apply for replevin?
36. When may a receiver be appointed?
37. Who may apply for Receivership?
38. What is the remedy of an accused who is mistakenly ordered to give support
pendente lite?
39. What are the cases when receiver may be appointed?