1-28 Questionnaire

1.
While the qualifying circumstance was not alleged in the information, it

was duly proven beyond reasonable doubt by the prosecution during trial
and presentation of evidence. May the court impose the graver penalty
taking into consideration the qualifying circumstance, such as minority or
relationship in a crime of rape?
No. Without allegation of relationship in cases of statutory rape, proof alone of

relationship, unless specifiically alleged in the information, would not warrant
imposition of the death penalty. Thus the concurrence of the minority of the
victim and her relationship with the offender is a special qualifying
circumstance whch should both be alleged and proved with certainty in order
to warrant the imposition of the death penalty.
2. In libel cases, is it necessary that the information must set out the
particular defamatory words verbatim and as published and that a
statement of their substance is insufficient? If yes, is there an exception?
3. In criminal procedure, the venue in criminal cases is jurisdictional. Is this

true? What are the exceptions, if any?
Yes. As a rule, venue in criminal cases is jurisdictional. In all criminal

prosecutions, the action must be instituted and tried in the courts of the
municipality or territory where: (a) the offense was committed, or (b) Any
of its essential ingredients occurred.
The exceptions are the following:

1. Felonies under Art. 2, RPC
2. Those committed on a railroad train, aircraft, or any othe public or
private vehicle in the court of its trip.
3. Those committed on board or vessel in the course of its voyage.
4. Piracy, which has no territorial limits.
5. Libel
6. Cases filed under B.P. 22
7. Illegal Recruiment cases
8. Violations of RA 10175 (Cybercrime Prevention Act of 2012)
9. In exceptional circumstances to ensure a fair trial an impartial inquiry.
10. Transitory or continuing offenses.
4. Should the prosecution be allowed to amend the information in order to

correct the mistake when the name of the offended party has been
erroneously designated?
No. There is no need. The law allows that in case of correction of mis take of
the name of the offended party, the true name can just be inserted. There is no
need for amendment of information.
5. What are the kinds of complex crime? Explain each briefly?
SUGGESTED 1. The kinds of complex crimes are compound crime and complex
crime. Compound crime is where a single act constitutes two or more grave or less
grave felonies. Complex crime is where an offense is necessary means for
committing the other.
SUGGESTED 2. Acts committed in furtherance of rebellion are crimes in

themselves but absorbed in the single crime of rebellion.
6. What is the effect of failure to prove complex crime? If an accused is

charged of “robbery with homicide”, can he be convicted of the separate
offenses of theft and homicide if those were duly proven?
7. What constitutes substantial amendent of an information?

8. What are the requisites of a formal amendment of an information?
9. If you are asked the aspects of a criminal action, what are they?
10. The criminal action shall be deemed to include the corresponding civil
action and no reservation to file the civil action separately shall be allowed
in what instances?
11. When death occurs as a result of the crime, the heirs of the deceased are
entitled to what kind or form of damages?
12. What is the rule regarding preference of the criminal action? When it is
not applicable?
13. In what instance of acquittal of the accused result in the extinction of the civil
liability of the said accused?
First is an acquittal on the ground that the accused is not the author of the act or
omission complained of. The second instance is an acquittal based on reasonable
doubt on the guilt of the accused.
14. What is the effect of an accused’s death on the independent civil action?
The death of the accused after arraignment and during the pendency of the
criminal action shall extinguish the civil liability arising from the delict. However,
the independent civil action instituted under section 3 of this Rule or which
thereafter is instituted to enforce liability arising from other sources of obligation
may be continued against the estate or legal representative of the accused after
proper substitution or against said estate, as the case may be. The heirs of the
accused may be substituted for the deceased without requiring the appointment of
an executor or administrator and the court may appoint a guardian ad litem for the
minor heirs. (Rule 111, Sec. 4)
15. The essential elements of a prejudicial questions are:
(a) the previously instituted civil action involves an issue similar or intimately related
to the issue raised in the subsequent criminal action, and
(b) the resolution of such issue determines whether or not the criminal action may
proceed.
16. Is the criminal action for estafa for alleged double sale of real property a
prejudicial question to a civil action for nullity of the alleged deed of sale and
the defense of the alleged vendor is the forgery of his signature in the deed of
sale?
Yes. A criminal action for estafa for alleged double sale of property is a
prejudicial question to a civil action for nullity of the alleged deed of sale and the
defense of the alleged vendor is the forgery of his signature in the deed. It is a
question based on a fact distinct and separate from the crime but so intimately
connected with it that it determines the guilt or innocence of the accused.
17. Distinguish preliminary investigation from custodial investigation.
Custodial investigation refers to the questioning initiated by a police officer

after a person has been taken into custody or deprived of his freedom of
action.
On the other hand, preliminary investigation is a proceeding to determine

whether there is a sufficient ground or well-founded belief that a crime has
been committed and the accused is probably guilty and should be held for
trial.
18. When is a preliminary investigfation no required?

Cases where the punishment does not exceed 4 years 2 months and 1 day.
19. A clarificatory hearing is not indispensable during preliminary investigation. Is

this true?
20. Define probable cause. Is the determination of probable cause during a
preliminary investigation an executive function exclusively of the prosecutor, or a
judicial function?
21. An investigating prosecutor is under no obligation to file a criminal action where
he is not convinced that he has the quantum of evidence at hand to support the
filing of such. Is this true?
22. State the rule regarding judicial review of the determination of probable cause.
23. Define warrant of arrest and the probable cause for the issuance of warrant of
arrest.
24. The trial court may have three (3) options once an information is filed in court.
What are they?
25. The Two kinds of Determination of probable cause.
26. What are the instances when it is unnecessar for the court to issue a warrant of
arrest after an information is filed in court.
27. What are the remeies against Illegal arrest?
28. An allegation of a warrantless arrest could not deprive the State of its right to
convict the guilty when all the facts on the record pointed to his guilt. Is this true?

1-28 Questionnaire

Uploaded by

Copyright:

Available Formats

1-28 Questionnaire

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

1-28 Questionnaire

Uploaded by

Copyright:

Available Formats

1.

While the qualifying circumstance was not alleged in the information, it

No. Without allegation of relationship in cases of statutory rape, proof alone of

3. In criminal procedure, the venue in criminal cases is jurisdictional. Is this

Yes. As a rule, venue in criminal cases is jurisdictional. In all criminal

The exceptions are the following:

4. Should the prosecution be allowed to amend the information in order to

5. What are the kinds of complex crime? Explain each briefly?

SUGGESTED 2. Acts committed in furtherance of rebellion are crimes in

6. What is the effect of failure to prove complex crime? If an accused is

7. What constitutes substantial amendent of an information?

15. The essential elements of a prejudicial questions are:

17. Distinguish preliminary investigation from custodial investigation.

Custodial investigation refers to the questioning initiated by a police officer

On the other hand, preliminary investigation is a proceeding to determine

18. When is a preliminary investigfation no required?

19. A clarificatory hearing is not indispensable during preliminary investigation. Is

You might also like