1.

WHAT IS THE DIFFERENCE BETWEEN WITHDRAWAL OF INFORMATION FROM MOTION TO DISMISS

WITHDRAWAL OF INFORMATION MOTION TO DISMISS
•The order granting withdrawal of information becomes •Order granting the Motion to Dismiss becomes final
final after (15) days from receipt W/O prejudice to the after (15 days) from receipt WITH prejudice to refiling of
refiling of information upon investigation some case.
• Withdrawal of information is NOT SUBJECT to time- bar •Motion to Dismiss is SUBJECT to Time-Bar rule.
rule
2. GIVE ON DISTINCTION OF MOTION TO QUASH FROM DEMURRER TO EVIDENCE. DISCUSS
- A motion to quash is filed before the accused enters his plea. Demurrer to evidence is filed after prosecution rests its
case. The grounds for Motion to quash are not grounds for demurrer to evidence. The ground for demurrer to evidence
is “insufficiency of evidence” and not basis for filing a motion to quash.
3. WHAT IS THE EFFECT OF FAILURE TO ASSERT ANY GROUND OF MOTION TO QUASH?
- Failure to assert any ground of motion to quash shall be deemed waiver of any objections. Because of:
(a) accused did not file motion to quash. (b) accused filed a motion to quash but failed to allege the ground.
4.AS A RULE GROUNDS NOT ASSERTED IN MOTION TO QUASH ARE WAIVED. WHAT ARE THE GROUNDS
PROVIDED UNDER RULE 117 WHICH ARE NON-WAIVABLE? GIVE ALL THOSE GROUNDS
(a) The facts charged do not constitute an offense
(b) The court trying the case has no jurisdiction over the offense charged
(c) Criminal action or liability has been extinguished
(d) Double Jeopardy
5. WHAT IS THE EFFECT IF THE COURT GRANTS THE MOTION TO QUASH FILED BY DEFENDANT? EXPLAIN
- When a motion to quash is granted, a dismissal of the case will not necessarily follow. The court may even order the
filing of a new complaint or information because an order sustaining the motion is generally not a bar to another
prosecution.
6. WHAT IS THE EFFECT IF THE COURT DENIES THE MOTION TO QUASH FILED BY DEFENDANT? EXPLAIN
- Well established is the rule that when a motion to quash in a criminal case is denied, the remedy is not a petition for
certiorari, but for petitioners to go to trial, without prejudice to reiterating the special defenses invoked in their motion
to quash.
7. WHAT IS MOTION TO QUASH
- Is a special pleading filed by the defendant before entering his plea, which hypothetically admits the truth of the
facts spelled out in the complaint or information at the same time that it sets up a matter which, if duly proved, would
preclude further proceedings.
8. RECITE ATLEAST 3 GROUNDS TO QUASH AN INFORMATION PROVIDED FOR UNDER RULE 117 OF REVISE
ROC.
(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;
9. WHAT IS THE EFFECT OF DOUBLE JEOPARDY ON CRIMINAL CASES AND CORRESPONDINGLY ON ITS CIVIL
ASPECT?
- The concept of double jeopardy has reference only to a criminal case and has no effect on the civil liability of the
accused. The extinction of the criminal liability will not necessarily give rise to the extinction of the civil liability of the
accused. The aggrieved party who may be the offended party or the accused may appeal from the judgment on the civil
aspect of the case.
10. WHAT ARE THE REQUISITES OF DOUBLE JEOPARDY?
(a) a first jeopardy must have attached prior to the second;
(b) the first jeopardy must have been validly terminated; and
(c) the second jeopardy must be for the same offense or the second offense includes or is necessarily included in the
offense charged in the first information
11. WHAT ARE THE ELEMENTS OF FIRST JEOPARDY?
(a) The accused has been convicted or acquitted
(b) That the conviction, acquittal or dismissal was made by a court of competent jurisdiction;
(c) There is a valid complaint or information sufficient in form and substance' to sustain a conviction;
(d) The accused has pleaded to the charge; and
(e) The subsequent prosecution is for an offense which is the same as the former complaint or information
12. DOES THE RULE ON DOUBLE JEOPARDY APPLICABLE TO ADMINISTRATIVE CASES? WHY OR WHY NOT
- Double Jeopardy is not applicable in administrative case. It has been ruled that the dismissal of the criminal case
does not result in the dismissal of the administrative case because there exists a difference between those two remedies.
Criminal and administrative cases are distinct from each other, Verily, administrative cases may proceed independently of
the criminal proceedings.
13. DOES THE RULE ON DOUBLE JEOPARDY APPLICABLE ON PRELIMINARY INVESTIGATION? EXPLAIN
- A preliminary investigation is merely inquisitorial; it is means of discovering the persons who may be reasonably
charged with a crime. Preliminary investigation is executive in character. It does not contemplate a judicial function.
Preliminary investigation is not a trial to which double jeopardy attaches.
14. WHAT ARE THE INSTANCES WHERE DOUBLE JEOPARDY SHALL NOT BE APPLICABLE DESPITE A PRIOR TO
CONVICTION? DISCUSS
- Under Sec. 7 of Rule 117,
(a) the graver offense developed due to supervening facts arising from the same act or omission constituting the former
charge;
(b) the facts constituting the graver charge became known or were discovered
(c) the plea of guilty to a lesser offense was made without the consent of the prosecutor and of the offended party
15.WHAT IS EQUIPOISE RULE AND WHAT IS THE EFFECT OF THIS RULE ON CRIMINAL PROSECUTION?
- The equipoise rule provides that where the evidence in a criminal case is evenly balanced, the constitutional
presumption of innocence tilts the scales in favor of the accused. Because it is much better to acquit a guilty person
rather than to convict an innocent person.
16. WHY IS ARRAIGNMENT IMPORTANT IN CRIMINAL PROSECUTION?
- Arraignment is the formal mode and manner of implementing the constitutional right of an accused to be informed
of the nature and cause of the accusation against him. Without a prior arraignment, the accused cannot invoke double
jeopardy and if the accused has not been arraigned, he cannot be tried.
17. MAY THE RULES OR LAW PROVIDE FOR PRESUMPTION OF GUILT? WHY?
- Yes, an example of this presumption is found in Sec. 3(j) of Rule 131 of the Rules of Court. Under this provision, "a
person found in possession of a thing taken in the doing of a recent wrongful act is the taker and the doer of the whole
act”. For example, when you found prima facie evidence like a poison, dynamites etc. in a boat of fishermen they are
most likely guilty of illegal fishing.
18. DISTINGUISH BAIL AS A MATTER OF RIGHT FROM BAIL AS A MATTER OF DISCRETION.
BAIL, A MATTER OF RIGHT (no hearing) BAIL, WHEN DISCRETIONARY (requires hearing)
• Before conviction by the inferior courts • Upon conviction by the RTC of an offense not
• After conviction by the inferior courts punishable by death, reclusion perpetua or life
imprisonment.
• After conviction by the RTC wherein a penalty of
imprisonment exceeding 6 but not more than 20 years is
imposed
19. WHAT ARE THE DIFFERENT FORMS OF BAIL?
1. Corporate surety;
2. Property bond;
3. Cash deposit;
4. Recognizance.
20. EXPLAIN THE CONCEPT OF RECOGNIZANCE AS ONE OF THE FORMS OF BAILS.
- Recognizance is an obligation of record, entered into before some court or magistrate duly authorized to take it. For
example: Someone is arrested and charged with a crime and the judge decided to grant him a bail but the judge set
conditions that he must regularly report to police station or attend all court hearings. The judge required him to enter
recognizance. This means that he formally promises to abide the conditions set by the court.
21. GIVE AT LEAST TWO INSTANCES WHEREIN BAIL IS NOT REQUIRED. EXPLAIN EACH
•In cases filed with MTC or MCTC for an offense punishable by imprisonment less than 4y 2m 1d – because the judge is
satisfied, and may issue summon instead of warrant of arrest. Since no arrest is made, bail is not required.
• When a person has been in custody for a period equal to or more than the possible maximum imprisonment
prescribe for the offense charged, he shall be released immediately, without prejudice to the continuation of the trial or
the proceedings on appeal.
22. GIVE AT LEAST TWO INSTANCES WHEREIN BAIL IS NOT ALLOWED. EXPLAIN EACH
•A person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment. Bail is
not allowed because of the severity of the crimes, risk of flight and need to ensure the public safety.
• Bail shall not be allowed after the accused has commenced to serve sentence. Because the purpose of bail is to
ensure the accused's appearance at trial, not to provide release after conviction.
23. SUPPOSED THAT THE ACCUSED FILED A PETITION FOR BAIL, AND IT WAS DENIED BY THE COURT. WHAT IS
THE REMEDY AVAILABE TO HIM OR HER?
- The remedy of the petitioner when the court denied a petition for bail is to file a petition for certiorari. If the trial
court committed a grave abuse of its discretion amounting to excess or lack of jurisdiction in issuing the said order.
24.WHERE DO YOU FILE THE APPLICATION FOR BAIL IF BAIL BECOMES A MATTER OF DISCRETION AND AFTER
CONVICTION OF REGIONAL TRIAL COURT?
- If the decision of the RTC convicting the accused changed the nature of the offense from non-bailable to bailable, the
application for bail can only be filed with and resolved by the appellate court.
25. GIVE ATLEAST THREE RIGHTS OF THE ACCUSED UNDER RULE 115 OF REVISED RULES OF COURT.
• To be presumed innocent until the contrary is proved beyond reasonable doubt.
• To be informed of the nature and cause of accusation against him
• To have speedy, impartial and public trial.
26. NAME AT LEAST THREE ORIGINAL AND EXCLUSIVE JURISDICTIONS OF THE REGIONAL TRIAL COURT.
• Jurisdiction in Money Laundering Cases
• Appellate jurisdiction over all cases decided by the MTC within its territorial jurisdiction
• Jurisdiction over criminal cases under specific laws such as (written defamation) (RA 9165 -Comprehensive Dangerous
Drugs Act of 2002)
27. DEFINE COMPLAINT- A complaint is a sworn written statement charging a person with an offense, subscribed by
the offended party, any peace officer, or other public officer, charged with the enforcement of the law violated
28. DEFINE INFORMATION - An information is an accusation in writing charging a person with an offense subscribed
by the prosecutor and filed with the court.
29. DISTINGUISH CRIMINAL LAW FROM CRIMINAL PROCEDURE
•Criminal law is substantive; it declares what acts are punishable. It defines crimes, treats of their nature and provides
for their punishment.
• Criminal Procedure is Remedial, it provides how the act is to be punished. It provides for the method by which a person
accused of a crime is arrested, or punished.
30. WHAT ARE THE REQUISITES FOR THE EXERCISE OF CRIMINAL JURISDICTION?
(a) Jurisdiction over the subject matter; (b) Jurisdiction over the territory; and (c) Jurisdiction over the person of the
accused.
31.WHAT ARE THE TWO WAYS OF ACQUIRING JURISDICTION OVER THE PERSON OF THE ACCUSED?
•by virtue of warrant of arrest • By voluntary submission to the court
32. THE RULE THAT THE OFFENSE MUST BE PROSECUTED AND TRIED IN THE PLACE WHERE THE SAME WAS
COMMITED ADMITS CERTAIN EXCEPTION. GIVE ATLEAST 3 EXCEPTIONS TO THE GENERAL RULE
• When it is committed on board a vessel in the course of its voyage
• Offense is committed in a train, aircraft or other public or private vehicle in the course of its trip.
•SC orders a change of venue or place of trial to avoid miscarriage of justice
33. HOW JURISDICTION OVER THE SUBJECT MATTER IS CONFERRED
- Jurisdiction over the subject matter is conferred by law. It is the law that confers jurisdiction and not the rules. When
the law confers jurisdiction, that conferment must be clear and cannot be presumed.
34. HOW JURISDICTION OVER THE SUBJECT MATTER IS DETERMINED
- jurisdiction over a criminal case is determined by the allegations in the complaint or information. the complaint or
information must be examined for the purpose of ascertaining the facts and the punishment provided by law.
35. DISCUSS THE PRINCIPLE OF ADHERENCE OF JURISDICTION OR CONTINUING JURISDICTION
-The jurisdiction of the court is referred to as "continuing" in view of the general principle that once a court has
acquired jurisdiction, that jurisdiction continues until the court has done all that it can do in the exercise of that
jurisdiction.
36. WILL INJUNCTION LIE WHEN THE CASE IS STILL AT THE STAGE OF PRELIMINARY INVESTIGATION OR RE-
INVESTIGATION? WHY OR WHY NOT
- As a general rule, the Court will not issue writs of prohibition or injunction preliminary or final, to enjoin or restrain,
criminal prosecution. With more reason injunction will not lie when the case is still at the stage of preliminary
investigation or reinvestigation.
37. MANDAMUS IS A REMEDIAL MEASURE FOR PARTIES AGGRIEVED WHICH SHALL BE ISSUED WHEN ANY
TRIBUNAL, CORPORATION, BOARD, OFFICER OR PERSON UNLAWFULLY NEGLECTS THE PERFORMANCE OF AN
ACT WHICH THE LAW SPECIFICALLY ENJOINS AS A DUTY RESULTING FROM AN OFFICE, TRUST OR STATION.
WILL THE PETITION FOR MANDAMUS LIE TO COMPEL THE PROSECUTOR TO FILE A CASE AGAINST THE
ACCUSED? WHY OR WHY NOT.
- The writ of mandamus is not available to control discretion. Neither may it be issued to compel the exercise of
discretion. Truly, it is a matter of discretion on the part of the prosecutor to determine which persons appear responsible
for the commission of a crime
38. NAME ATLEAST 3 ORINIGINAL AND JURISDICTIONS OF INFERIOR COURTS.
• Violation of city or municipal ordinances within their respective territories
• Damage to property through criminal negligence
• Violation of BP 22
39. NAME ATLEAST 3 ORINIGINAL AND JURISDICTIONS OF REGIONAL TRIAL COURTS.
• Jurisdiction in Money Laundering Cases
• Appellate jurisdiction over all cases decided by the MTC within its territorial jurisdiction
• Jurisdiction over criminal cases under specific laws such as (written defamation) (RA 9165 -Comprehensive Dangerous
Drugs Act of 2002)
40. NAME ATLEAST 3 ORINIGINAL AND JURISDICTIONS OF SANDIGANBAYAN.
•Anti-Graft and corrupt practices RA 3019
•Offenses committed by public officials and employees
•ANTI MONEY LAUNDERING CASES
41. WHAT ARE THE OFFENSES SUBJECT TO THE JURISDICTION OF THE SANDIGANBAYAN. GIVE ATLEAST THREE
•Violations of Republic Act No. 3019 as amended, otherwise known as the Anti-Graft and Corrupt Practices Act
• Violations of Republic Act No. 1379 or otherwise known as the Act Declaring Forfeiture in Favor of the State Any
Property Found to Have Been Unlawfully Acquired by Any Public Officer or Employee
• Violations of Chapter II, Section 2, Title VII, Book II of the Revised Penal Code (bribery)
42. WILL THE SALARY GRADE OF THE GOVERNMENT EMPLOYEE DETERMINE THE JURISDICTION OF
SANDIGANBAYAN? YES, OR NO? EXPLAIN.
- Salary Grade Alone Does Not Determine Jurisdiction of The Sandiganbayan. Enumerated in PD1606 those official
which the Sandiganbayan may take cognizant of even though falling below Grade 27 salary.
43. WHAT IS THE PURPOSE OF INSTITUTION OF CRIMINAL ACTIONS? EXPLAIN.
- The purpose of a criminal action, in its purest sense, is to determine the penal liability of the accused for having
outraged the state with his crime and, if he be found guilty, to punish him for it.
44. OUTLINE THE PROCESS OF INSTITUTION OF CRIMINAL ACTION
 PRELIMINARY INVESTIGATION IS REQUIRED – filing the complaint with the proper officer for the purpose of
conducting the requisite preliminary investigation (Sec 1 Rule 110 ROC)
 PRELIMINARY INVESTIGATION NOT REQUIRED (2 ways) (Sec 1 Rule 110 ROC)
1. Filing the complaint/information directly with the Municipal Trial Court and Municipal Circuit Trial Court
2. Filing the complaint with the office of the prosecutor
• INSTITUTION OF CRIMINAL ACTIONS IN MANILA AND OTHER CHARTERED CITIES - filed with the office of the
prosecutor UNLESS otherwise provided in their charters
45. EXPLAIN THE “NO DIRECT FILING RULE”
•NO DIRECT FILING IN THE REGIONAL TRIAL COURT AND METROPOLITAN TRIAL COURT OF MANILA AND OTHER
CHARTERED CITIES because its jurisdiction cover offenses which requires preliminary investigation. PRELIMINARY
INVESTIGATION: conducted for offenses where the penalty prescribed by law is at least 4 years, 2 months, 1 day
imprisonment.
46. WHAT IS THE EFFECT OF THE INSTITUTION OF THE CRIMINAL ACTION ON PRESCRIPTIVE PERIOD OF A
CRIME?
- The present rule categorically provides that the institution of the criminal action shall interrupt the period of
prescription of the offense charged unless otherwise provided in special laws
47. WHO MUST PROSECUTE THE CRIMINAL ACTION? WHO CONTROLS THE PROSECUTION?
- A criminal action is prosecuted under the direction and control of the public prosecutor. This is the general rule and
this applies to a criminal action commenced either by a complaint or an information
48. MAY A PRIVATE LAWYER PROSECUTE A CRIMINAL ACTIONS? IF YES, HOW? IF NO, WHY NOT
- YES
•REQUIREMENTS: A. In the absence of the public prosecutor B. Authorized to do so in writing C. Authorized by the Chief
of the Prosecution Office or the Regional State Prosecutor D. Approved by the Court
WHY - a. public prosecutor has heavy work schedule b. Lack of public prosecutors
49. RECITE ARTICLE 100 OF THE REVISE PENAL CODE
- Under Art. 100 of the Revised Penal Code, every person criminally liable for a felony is also civilly liable except in the
instances when no actual damage results from an offense, such as espionage, violation of neutrality, flight to an enemy
country, and crime against popular representation
50. WHAT ARE THE CIVIL LIABILITIES FOR A CRIME? CITE YOUR LEGAL BASIS
- The civil liability for a crime includes restitution, reparation of the damage caused and indemnification for
consequential damages (Article 104, Revised Penal Code).
51. IS THE OFFENDER STILL OBLIGED TO SATISFY THE CIVIL LIABILTY RESULTING FROM THE CRIME
COMMITTED BY HIM OR HE, EVEN IF HE OR SHE HAS ALREADY SERVED HIS OR HER SENTENCE CONSISTING
OF DEPRIVATION OF LIBERTY OR OTHER RIGHTS? IF YES WHY IF NO WHY NOT.
- Yes, when the civil liability is extinguished, the offender is obliged to satisfy the civil liability.
52. DEFINE PRIVATE CRIMES
- Are those which cannot be prosecuted except upon complaint filed by the offended party.
53. GIVE THREE EXAMPLES OF PRIVATE CRIMES
•Concubinage and adultery • Seduction • Acts of Lasciviousness
54. HOW DOES CRIMES OF ADULTERY AND CONCUBINAGE PROSECUTED
- only by the offended spouse who should have the status, capacity, and legal representation at the time of filing of
the complaint, regardless of age.
55. HOW DOES THE CRIMES OF SEDUCTION, ABDUCTION AND ACTS OF LASCIVIOUSNESS ARE PROSECUTED?
• By the offended woman;
• By the parents, grandparents or legal/judicial guardians in that successive order, if the offended party is incompetent.
• By the State pursuant to the DOCTRINE OF PARENS PATRIAE, when the offended party dies or becomes incapacitated
56. WHEN DOES A COMPLAINT OR AN INFORMATION DEEMED SUFFICIENT?
- A complaint or information is sufficient if it states the name of the accused, the designation of the offense by the
statute, the acts or omissions complained of as constituting the offense, the name of the offended party, the
approximate date of the commission of the offense and the place where the offense was committed
57. DISCUSS THE TEST IF SUFFICIENCY OF THE COMPLAINT OR INFORMATION
- The test is whether the crime is described in intelligible terms with such particularity as to apprise the accused, with
reasonable certainty, of the offense charged.
58. WHAT IS THE RULE WITH RESPECT TO THE INCLUSION OF THE DATE OF THE COMMISSION OF THE
OFFENSE?
- Rule also provides that it is not necessary to state in the complaint or information the precise date the offense was
committed except when the date of commission is a material element of the offense. The offense may thus be alleged to
have been committed on a date as near as possible to the actual date of its commission
59. DISCUSS SECTION 7 RULE 110
Name of the accused - the complaint or information must state the name and surname of the accused or any
appellation or nickname by which he has been or is known. If his name cannot be ascertained, he must be described
under a fictitious name with a statement that his true name is unknown.
60. WHAT ARE THE RULES ON DESIGNATION OF THE OFFENSE?
•The designation of the offense requires, as a rule, that the name given to the offense by statute must be stated in the
complaint or information.
•To be included in the complete designation of the offense is an averment of the acts or omissions constituting the
offense
• The complaint or information must specify the qualifying and aggravating circumstances of the offense
61.WHAT IS THE EFFECT OF FAILURE TO DESIGNATE THE OFFENSE BY THE STATUTE OR FAILURE TO MENTION
THE PROVISION VIOLATED.
•Failure to designate the offense or to mention the specific provision DOES NOT vitiate the information if the facts
alleged clearly recite the facts constituting the crime charged.
62. WHAT IS THE IMPORTANCE OF STATING THE QUALIFYING AND AGGRAVATING CIRCUMSTANCES IN THE
COMPLAINT OR INFORMATION?
- Every information must state the qualifying and the aggravating circumstances attending the commission of the
crime for them to be considered in the imposition of the penalty
63. WHAT IS “DUPLICITY OF THE OFFENSE RULE?”
- The general rule is that a complaint or an information must charge only one offense. More than one offense may
however, be charged when the law prescribes a single punishment for various offenses.
64. STATE THE RULE WHERE THE OFFENSE IS COMMITTED IN, AIRCRAFT OR VEHICLE.
- the criminal action shall be instituted and tried in the court of any municipality or territory where such train, aircraft,
or other vehicle passed during its trip, including the place of its departure and arrival.
65. STATE THE RULE WHERE THE OFFENSE IS COMMITTED ON BOARD A VESSEL.
- the criminal action shall be instituted and tried in
(a) the court of the first port of entry, or
(b) the municipality or territory where the vessel passed during its voyage
66. WHAT IS THE RULE WHEN THE OFFENSE IS COVERED BY ARTICLE 2 OF THE REVISED PENAL CODE?
- Crimes committed outside the Philippines but punishable under Art. 2 of the Revised Penal Code shall be cognizable
by the court where the criminal action is first filed
67. OUTLINE THE RULE WITH RESPECT TO AMENDMENT OF THE COMPLAINT OR INFORMATION
- If the amendment is made before the accused enters his plea, the complaint or information may be amended in
form or in substance, without the need for leave of court
68. DISTINGUISH SUBSTITUTION FROM AMENDMENT OF THE COMPLAINT OR INFORMATION.
•AMENDMENT may involve either formal or substantial changes, while SUBSTITUTION necessarily involves a substantial
change from the original charge.
• AMENDMENT before plea has been entered can be affected without leave of court, but SUBSTITUTION of information
must be with leave of court as the original information has to be dismissed;
69. WHAT IS PREJUDICIAL QUESTION
- A prejudicial question is an issue involved in a civil case which is similar or intimately related to the issue raised in the
criminal action, the resolution of which determines whether or not the criminal action may proceed.
70. WHAT ARE THE REQUISITES FOR A PREJUDICIAL QUESTION?
1. The civil action must be instituted PRIOR to the criminal action;
2. The civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action;
3. The resolution of such issue determines whether or not the criminal action may proceed
71. WHAT IS THE EFFECT OF THE EXISTENCE OF PREJUDICIAL QUESTION IN CRIMINAL ACTION?
- Filing of a PETITION before the suspension of the criminal actions is allowed, when there is a pending prejudicial
question. BUT the civil action should have commenced before the criminal action.
72. DEFINE PRELIMINARY INVESTIGATION - Preliminary Investigation is an inquiry or proceeding to determine
whether there exists sufficient ground to engender a well-founded belief that a crime has been committed and that the
respondent is probably guilty thereof, and should be held for trial.
73. DISCUSS THE NATURE OF THE RIGHT TO A PRELIMINARY INVESTIGATION
•NOT REQUIRED by the constitution, not a fundamental right nor rights guaranteed in the Bill of Rights -
•Right is of STATUTORY CHARACTER and may be invoked only when specifically created by the statute -
•Since it is a statutory right then it becomes a component of DUE PROCESS IN CRIMINAL JUSTICE. -
•It is a SUBSTANTIVE RIGHT
74. DISTINGUISH PRELIMINARY INVESTIGATION FROM PRELIMINARY EXAMINATION
•A PRELIMINARY INVESTIGATION is conducted by the prosecutor to ascertain whether the alleged offender should be
held for trial. A PRELIMINARY EXAMINATION is conducted by the judge to determine probable cause for the issuance of
a warrant of arrest. Preliminary investigation is executive in nature. Preliminary examination is judicial in nature
75. DEFINE PROBABLE CAUSE - Probable cause has been defined as the existence of such facts and circumstances as
would lead a person of ordinary caution and prudence to entertain an honest and strong suspicion that the person
charged is guilty of the crime subject of the investigation.
76. DISTINGUISH EXECUTIVE DETERMINATION OF PROBABLE CAUSE FROM JUDICIAL DETERMINATION OF
PROBABLE CAUSE
•EXECUTIVE DETERMINATION OF PROBABLE CAUSE is Done during preliminary investigation, pertains to the public
prosecutor.
• JUDICIAL DETERMINATION OF PROBABLE CAUSE is Made by the judge, to ascertain whether a warrant of arrest should
be issued against the accused.
77. WHAT ARE THE CASES THAT WOULD REQURE PRELIMINARY INVESTIGATION
•offenses where the law prescribes a penalty of at least 4 years 2 months and 1 day without regard to the fine
•R.A. 7691, certain offenses formerly within the jurisdiction of Regional Trial Courts came under the jurisdiction of
Municipal Trial Courts.
78. WHAT ARE THE INSTANCES WHER PRELIMINARY INVESTIGATION IS NOT REQUIRED EVEN IF THE OFFENSE

IN ONE WHICH NORMALLY REQUIRES PRELIMINARY INVESTIGATION?

•PERSON ARRESTED LAWFULLY WITHOUT A WARRANT BUT REQUIRES PRELIM. INV - An information or complaint may be
filed against him without a need for a prelim investigation
• INQUEST PROCEEDINGS: shall be made if he was lawfully arrested o Lawfully arrested: examples are in flagrante
delicto
79. MAY A PERSON ARRESTED LAWFULLY WITHOUT A WARRANT MAY ASK FOR PRELIMINARY
INVESTIGATION? EXPLAIN
- Yes accused MAY ASK for a preliminary investigation. Should be done BEFORE the complaint of information is filed
and must sign a WAIVER of the provisions of Article 125 of the RPC, signed by the arrested and in the PRESENCE OF HIS
COUNSEL.
80. MAY THE ACCUSED QUESTION THE ABSENCE OF PRELIMINARY INVESTIGATION? WHY OR WHY NOT
-Yes, an accused who wants to question the absence of a preliminary investigation must do so before he enters his
plea. The court shall resolve the matter as early as practicable but not later than the start of the trial.
81. WHAT IS THE EFFECT OF ABSENCES OF A PRELIMINARY INVESTIGATION ON JURISDICTION OF THE
COURT?
- The absence of preliminary investigation does not affect the court's jurisdiction over the case nor does it impair the
validity of the information or otherwise, render it defective.
82. IS THE ABSENCE OF A PRELIMINARY INVESTIGATION A GROUND FOR MOTION TO QUASH?
- The absence of a preliminary investigation is not a ground for a motion to quash. Such ground is not provided for in Sec.
3 of Rule 117, the provision which enumerates the grounds for a motion to quash a complaint or information
83. WHAT IS MOTION TO QUASH?
- Motion to Quash is a special pleading filed by the defendant before entering his plea.
84. WHAT IS INQUEST PROCEEDING
- An inquest proceeding is conducted when a person is lawfully arrested without a warrant involving also an offense
which requires a preliminary investigation
85. WHO MAY CONDUCT PRELIMINARY INVESTIGATION AND DETERMINE THE EXISTENCE OF PROBABLE
CAUSE?
(a) Provincial or City Prosecutors and their assistants;
(b) National and Regional State Prosecutors; and
(c) Other officers as maybe authorized by law. (example COMELEC FOR ELECTION CASES)
86. WHAT IS THE ACTION TO BE TAKEN IF THE RESPONDENT DOES NOT SUBMIT HIS OR HER COUNTER-
AFFIDAVIT
- If despite the subpoena, the respondent does not submit his counter-affidavit within the ten-day period granted him,
the investigating officer shall resolve the complaint based on the evidence presented by the complainant. such motion
should contain an explanation for the failure to file the counter-affidavit.
87. WHAT IS COUNTER-AFFIDAVIT?
- The counter-affidavit is the respondent's chance to present their side of the story and provide exculpatory evidence
or arguments that may influence the prosecutor's decision
88. DOES THE RULE ALLOW THE FILING OF MOTION TO DISMISS BY THE RESPONDENT IN LIEU OF A
COUNTER-AFFIDAVIT? EXPLAIN.
- The rule does not allow the filing of motion to dismiss in lieu of a counter-affidavit. Instead, within ten (10) days from
receipt of the subpoena, he is required to submit his counter-affidavit.

89. ENUMERATE THE CONTENTS OF THE RESOLUTION MADE BY THE INVESTIGATING PROSECUTOR SHOULD
HE OR SHE FINDS PROBABLE CAUSE TO HOLD THE RESPONDENT FOR TRIAL.
- If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare both the resolution and
information. If he does not find probable cause, he shall recommend the dismissal of the complaint
90. WHAT IS THE EFFECT OF THE ABSENCE OF THE REQUIRE CERTIFICATION BY THE INVESTIGATING
PROSECUTOR
- the rule is that even if the information does not include a certification about conducting a preliminary investigation,
the information remains valid. This is because such a certification is not a crucial component of the information itself,
and its absence does not invalidate it.
91. DEFINE ARREST UNDER THE REVISED RULES ON CRIMINAL PROCEDURE
- An arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an
offense
92. WHAT ARE THE REQUSITES FOR THE ISSUANCE OF A WARRANT OF ARREST?
- Sec. 2 of Article III (Bill of Rights) of the Constitution of the Philippines in part declares: no search warrant or warrant
of arrest shall issue except upon probable cause to be determined personally by the judge. An arrest without a
probable cause is an unreasonable seizure of a person, and violates the privacy of persons
93. WHEN A WARRANTLESS OF ARREST IS LAWFUL?
•IN FLAGRANTE DELICTO •HOT PURSUIT•ESCAPEE
•CITIZEN ARREST (allow if in his presence, the person to be arrested has committed, committing, or attempting to
commit crime.
•Bondsmen (may arrest accused for the purpose of surrendering him to the court)
94. WHAT ARE THE REQUISITES OF INFLAGRANTE DELICTO ARREST?
(a) the person to be arrested must execute an overt act indicating that he has just committed, is actually committing, or
is attempting to commit a crime; and (b) such overt act is done in the presence or within the view of the arresting officer
95. WHAT IS THE EFFECT OF ADMISSION TO BAIL ON OBJECTIONS TO AN ILLEGAL ARREST?
- An application for or admission to bail shall not bar the accused from challenging the validity of his arrest or the
legality of the warrant issued, provided that he raises the objection before he enters his plea.
96. DEFINE CUSTODIAL INVESTIGATION UNDER REPUBLIC ACT NO. 7438
- Custodial Investigation is the questioning by law enforcement officers of a suspect taken into custody or otherwise
deprived of his freedom of action in a significant way. It includes the practice of issuing an “invitation” to a person who is
investigated.
97. WHAT ARE THE PENALTIES IMPOSED FOR VIOLATION OF THE PROVISION OF REPUBLIC ACT NO. 7438
•Arresting officer doesn’t inform the accused of his right under RA 7438 : he shall suffer a penalty consisting of Php
6,000.00 or imprisonment of not less than 8yrs but not more than 10 years or both
•Any person obstructs, prevents or prohibits any lawyer or member of the family of arrested to visit him: shall suffer
imprisonment of not less than 4 years nor more than 6 years and a fine of Php 4,000.00
98. DEFINE SEARCH WARRANT
- A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to search for personal property described therein and bring it before the
court
99. DEFINE WARRANT OF ARREST
- A warrant of arrest is a legal document issued by a judge or magistrate that authorizes law enforcement officers to
arrest a specific individual. This warrant is typically issued when there is probable cause to believe that the individual has
committed a crime.
100. DISCUSS THE PROCESS WHERE TO FILE AN APPLICATION FOR A SEARCH WARRANT.
- As a rule, an application for a search warrant shall be filed before any court within whose territorial jurisdiction a
crime was committed. EXCEPT: •Before any court within judicial region: the place of commission of crime is known
•Before any court within judicial region: where warrant shall be enforced
•Application shall be made only in the court where the criminal action is pending, if criminal action has already been
filed.