1. Differentiate Criminal Law from Criminal Procedure.

2. Enumerate and explain the three instances on how the Court acquires jurisdiction
over the person of the accused.
3. Maria, tired of the infidelity of her husband Juan, left the conjugal dwelling and
lived on her own. On the other process of moving on, she met Pedro, a young
bachelor who lived in the adjacent apartment. Due to Maria’s vulnerability, she
fell in love with Pedro, and the two started to embark in a sexual relationship. The
romantic relationship of Maria and Pedro became the talk of the town and it came
to the attention of Ligaya and Rodrigo, parents of Juan. Citing the disgrace
caused to the family by Maria’s illicit relationship, Ligaya and Rodrigo filed a
complaint for Adultery before the Prosecutor’s Office. Will the complaint prosper?
Justify your answer.

4. A, a 15 year old minor, appeared before the Police Station, intending to file a
complaint for Act of Lasciviousness against B. After executing the Sworn
Statement, the parents of A, C and D, appeared and expressly declared that they
pardoned B, and no longer wanted to file the case. If you are the Police
Investigator, will you file the complaint filed by A despite the express pardon
given by her parents? Defend your answer.
5. Define Preliminary Investigation and discuss its purpose.
6. A Warrant of Arrest was issued against Mr Jose Chan for Violation of BP 22.
Upon proceeding to his residence for the implementation of the warrant, the
lawyer of Mr Chan intervened and presented a Motion to Quash the Warrant of
Arrest with a stamp from the Court. The lawyer of Mr Chan argued that the
implementation of Warrant of Arrest shall be held in abeyance until the Motion
was resolved. If you were the arresting officer, would you arrest Mr Chan despite
the pending Motion to Quash the Warrant of Arrest? Justify your answer.
7. Define Custodial Investigation and enumerate the duties of the investigating/
detaining/ arresting officer during the conduct of Custodial Investigation.
8. A Warrant of Arrest was issued against Senator X for the crime of Alarms and
Scandal. At the time of the issuance of the Warrant of Arrest, Senator X is in
Batasang Pambansa attending session. You are the Chief, Warrant Section, will
you proceed to Batasang Pambansa to arrest Senator X? Defend your answer.
9. The crime committed is Homicide, punishable by Reclusion Temporal, and the
crime committed in municipality of Sta. Rosa, Nueva Ecija, and Police Officer A
filed the complaint before the Office of the Prosecutor. Is Police Officer A
correct? Justify your answer.
10. Define Arrest and Warrant of Arrest.

11. Define Search Warrant and enumerate the requisites of a valid Search Warrant.
12. Around 10 Police Officers of Drug Operations Unit (DOU) led by Police Officer A
arrived at TAGO Bar accordingly due to reports of illegal drug sale in the said
establishment. Police Officer A explained the situation to the customers thereat
and asked permission if they (DOU) may conduct bodily search to each of them
(customers). Police Officers conducted bodily search to which none of the
customers object. Consequently, 10 grams of Shabu was recovered from the
 possession of one of the customers, B. Is the 10 grams of Shabu admissible
as evidence against B? Justify your answer
13. Enumerate the courts, where application of Search Warrant may be applied.

14. Police Officer A implemented Search Warrant No. 2022-111 against B in his
residence at No. 1 Sesame St., Quezon City to recover several calibers of
illegally manufactured firearms listed in the warrant. Upon entering the house of
B, Police Officer A noticed 10 luxury vehicles in the garage of B, to which he
(Police Officer A) suspects to be smuggled vehicles. Hence, Police Officer A
inspected the vehicle and verify the chassis to which it was found out that indeed,
those are smuggled. Police Officer A confiscated the vehicles. Are the
confiscated smuggled vehicles admissible as evidence against B pursuant
to Plain View Confiscation? Justify your answer.
15. Explain Knock and Announce Principle.
16. A was charged for the crime of murder allegedly for killing B, at around 9 O’clock
in the evening of November 1, 2022 in Binondo, Manila. According to A however,
it is physically impossible for him to commit the crime because he was at Big Bro
Café, Tartaria, Silang, Cavite from 6 O’clock in the evening of November 1, 2022
until 6 O’clock in the morning of November 2, 2022. However, C, the owner of
Big Bros Café refused to release a copy of the CCTV of the said dates, and
likewise refused to testify for A. If you were A, what right, if any, will you
invoke in order to secure the CCTV footage and the testimony of C? Justify
your answer.
17. Enumerate the Rights of Accused as provided under Rule 115 of the 2020
Revise Rules of Court.

18. Police Officer A implemented Search Warrant 2022-111 against B for Illegal
Possession of Firearms at his (B) residence located at No. 1 Sesame St.,
Quezon City. Upon arriving thereat, Police Officer A saw B reading News Paper
in the kitchen. Police Officer A instructed B to stay in the kitchen as he (Police
Officer A) together with two witnesses of sufficient age and discretion conduct
search in the premises. Is the conduct of search legally in order? Justify your
answer.
19. Investigation and surveillance revealed that there is a Marijuana Plantation inside
a vacant at Barangay Tartaria, Silang, Cavite, owned and cultivated by one Mr
Chung Chang. Police Officer A hence decided to apply for the issuance of
Search Warrant in the Court of Silang, Cavite. However, Police Officer A
obtained a reliable information that the Mr Chang has relatives currently
employed in the Court of Silang, Cavite. If you were Police Officer A, what will
you do in that particular situation in order to ensure the successful
implementation of the Search Warrant? Justify your answer.
20. In the presence of Police Officer A, B assaulted C. Hence, Police Officer A
immediately arrested B and conducted bodily search upon him (B). Thereafter,
Police Officer A learned that the vehicle parked near the crime scene is owned
by B. As such, Police Officer A conducted search upon the vehicle to which a
firearm was recovered. Police Officer A presented the firearm confiscated and
argued that the search is valid, since it was a search incidental to a lawful
arrest. Is the warrantless search valid?
21. A case for Homicide was filed against Juan for killing Pedro. Juan was arraigned
and the trial proceeded. The prosecution was able to establish that the killing was
attended by the qualifying circumstance of treachery, thereby qualifying the killing
from Homicide to Murder. Before the promulgation of judgment, the Presiding
suffered heart attack, and was hospitalized. After seven months, the Presiding
Judge rendered its verdict and convicted Pedro for the crime of Murder. What
right of Pedro, accused in the said criminal case, if any, was violated? Justify
your answer.
22. A was in Cebu Mactan Airport when she was accosted by PNP Aviation Security
Group. When subjected to search, A was found in possession of 5 kilos of Grade
A Shabu. Charged with Transportation of Illegal Drugs, A contended that she no
knowledge and intent to possess such illegal drugs, and argued that it was her
boyfriend B, who asked him to carry the black back where said illegal drugs were
concealed. On the basis of A’s statement, a case for Transportation of Illegal
Drugs against B. During the trial, the public prosecutor intended to offer the
testimony of A as part of the prosecution’s evidence in a form of deposition, since
accordingly, A is staying in Indonesia, and does not want to return to the
Philippines since she recovering from trauma she suffered because of what B
did. The Presiding Judge allowed that testimony of A be taken in a form of
deposition. What right of B, as an accused in the said criminal case, if any, was
violated? Justify your answer.
23. Differentiate Right to Speedy Trial from Speedy Disposition of Cases.
24. A, B and C were charged for Rape committed against D. A and B were charged
as principals by direct participation, while C was charged as an accessory.
During the trial, the prosecution called C to the witness stand as “hostile” witness.
The counsel of C objected but the prosecutor insisted that the testimony of the of
A was indispensable in order to establish the theory of the prosecution. Can C be
compelled to testify in the said rape case in which he is one of the accused?
Justify your answer.
25. A filed a case for rape against B. Before the arraignment, B filed for the
suspension of the arraignment pending the petition for review filed before the
DOJ. After the two months, B again filed a suspension of proceedings. The case
for rape has been pending before the court for five years. Disappointed with the
delay, A, the private offended party, filed a motion before the court requesting
that trial to proceed, because further delay is a violation of her right to speedy
trial. Is A correct? Justify your answer.
26. A, B and C, confederating and helping each other, with evident pre-meditation
killed D. A held D, and B stabbed the latter 10 times that caused his death. C
served as a lookout. A, B and C were charged for the crime of Murder. During the
 trial, B approached the prosecutor, stating his intention to confess to the crime
and be discharged as a State Witness, against A and C. Is B qualified to be a
State Witness? Justify your answer.
27. Enumerate the matters to be tackled during Pre-Trial.
28. A was charged for the crime of Homicide. A was able to post bail for temporary
liberty. However, during the trial, A absconded and went hiding. The trial of the
case proceeded and the judgement was promulgated in his absence. After trial
on the merits, the court convicted A beyond reasonable doubt for the crime of
Homicide and imposing upon his the penalty of Reclusion Temporal. Upon
learning of his conviction, A sought the services of a lawyer and immediately filed
a Notice of Appeal, contending that as an accused in a criminal case, he has the
right to appeal. Is A correct? Justify your answer.
29. Enumerate the Rights of the Accused as provided under Rule 115 of the 2020
Revised Rules of Court.
30. A was wrongfully charged for the murder of B on November 1, 2021 at around 12
Midnight, in Tandang Sora, Quezon City. During the presentation of defense
evidence, A requested that the copy of the CCTV of Starbucks, Silang, Cavite
Branch to prove the fact that he was in the said coffee shop from 10 PM of
October 31, 2021 until 2AM of November 1, 2021, thus, it is physically impossible
for him to commit the crime being imputed against him. However, despite several
request and manifested that they will only give the copy of the CCTV if they will
be directed by the court through a Subpoena Decus Tecum. If you were A, what
right, if any, will you invoke in order to ask the court for the issuance of the said
subpoena?
31. Preliminary Investigation Rule 112 sec 1
32. RIGHTS OF A PERSON ARRESTED, DETAINED OR INVESTIGATED (RA
7438 sec 2)
33. Arrest without warrant; when lawful.
34. Instances an officer not required to inform the person to be arrested and the
cause of arrest..
35. VALID WARRANTLESS SEARCH
36.