Rule 110

1. Define criminal procedure.

2. Discuss jurisdiction over the offense/subject matter and jurisdiction over the
accused.
3. How and when jurisdiction over the accused can be lawfully acquired?
4. How to institute a criminal action for offenses requiring the requisite preliminary
investigation? How about for those offenses which does not require preliminary
investigation?
5. What is the effect of instituting criminal action? Explain briefly.
6. In offenses punishable by imprisonment not exceeding 6 years, may the offended
party go directly to court to file a criminal action? Is the rule absolute? If not, what
are the exceptions.
7. What is an information?
8. What is a complaint?
9. Who controls the prosecution?
10. Give at least 3 limitations on the part of the court to control the prosecution of the
offense.
11. When is a complaint or information sufficient?
12. What is the so-called adherence of jurisdiction or continuing jurisdiction? Explain.
13. May an injunction lie to restrain criminal prosecution? Why or why not?
14. Yvonne, a young and lonely OFW, had an intimate relationship abroad with a
friend, Percy. Although Yvonne comes home to Manila every six months, her
foreign posting still left her husband Dario lonely so that he also engaged in his
own extramarital activities. In one particularly exhilarating session with his
girlfriend, Dario died. Within 180 days from Dario’s death, Yvonne gives birth in
Manila to a baby boy. Irate relatives of Dario contemplate criminally charging
Yvonne for adultery and they hire your law firm to handle the case. Is the
contemplated criminal action a viable option to bring?
15. Differentiate complaint from information.
16. State the requisites of a valid information.
17. Who must prosecute criminal actions?
18. Explain the concept of direction and control of public prosecutor in the
prosecution of criminal actions.
19. X was arrested, in flagrante, for robbing a bank. After an investigation, he was
brought before the office of the prosecutor for inquest, but unfortunately no
inquest prosecutor was available. May the bank directly file the complaint with
the proper court? If in the affirmative, what document should be filed?
20. Who is a special prosecutor? What are the instances where a special prosecutor
prosecutes criminal actions?
21. What are the conditions before a private prosecutor prosecute criminal action?
22. What are the crimes which cannot be prosecuted de officio? How these crimes
commenced?
23. A. 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.
B. 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.
24. What is the effect of pardon given by a minor in cases of seduction, abduction or
acts of lasciviousness?
25. What is the effect of subsequent marriage of the accused and offended party on
the criminal liability of the former?
26. what is the effect of death of the offended party to the criminal action?

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

1. What is the general rule in prosecution of civil action?

2. What are the exceptions?
3. What is the civil action that is deemed instituted with the criminal action?
4. What is the dual concept of civil liability?
5. What are the differences between a crime and a quasi-delict?
6. What constitutes civil liability?
7. What is the basis for the broader concept of civil liability?
8. What is the effect of an acquittal on the civil action?
9. When should the reservation be made?
10. What is the reason for the rule requiring reservation
11. Can the accused file a counterclaim in the criminal case?
12. In a BP 22 case, can the offended party make a reservation of the civil action?
13. When is the separate civil action suspended?
14. Are the independent civil actions also deemed suspended with the filing of the
criminal action?
15. If the complaint does not contain an allegation of damages, is the offender still
liable for them?
16. Can you compel a judge by mandamus to award civil damages?
17. What is the reason for allowing the civil liability to subsist in spite of the acquittal
of the accused?
18. What are the independent civil actions?
19. What is the effect of the death of the accused on the criminal and civil actions?
20. When the defendant is absolved of civil liability in a civil action, can a criminal
action still be filed against him?
21. What is a prejudicial question?
22. What are the elements of a prejudicial question?
23. When is an action for annulment of marriage prejudicial to a bigamy case?
24. What quantum of evidence is required in cases provided in Articles 32, 33, 34,
and 2176 of the Civil Code of the Philippines involving independent civil action?
25. State the rule when the offended party seeks to enforce civil liability against the
accused by way of moral, nominal, temperate, or exemplary damages without
specifying the amount thereof in the complaint or information.
26. When to file the petition for suspension by reason of prejudicial question?
27. Where to file the petition for suspension by reason of prejudicial question?
28. In an action for violation of BP 22, the court granted the accused's demurrer to
evidence filed without leave of court. However, the accused was required to pay
private complainant the face value of the check. The accused filed a motion for
reconsideration regarding the order to pay the face value of the check on the
ground that the demurrer to evidence applied only to the criminal aspect of the
case. Resolve the motion for reconsideration.
29. Tomas was criminally charged with serious physical injuries allegedly committed
against Darvin. During the pendency of the criminal case, Darvin filed a separate
civil action for damages based on the injuries he had sustained. Tomas filed a
motion to dismiss the separate civil action on the ground of litispendentia,
pointing out that when the criminal action was filed against him, the civil action to
recover the civil liability from the offense charged was also deemed instituted. He
insisted that the basis of the separate civil action was the very same act that
 gave rise to the criminal action. Rule on Tomas' motion to dismiss, with brief
reasons.
30. Rafael Consing together with his mother obtained several loans from
UnicapitalInc, secured by a real estate mortgage. However, it appears that the
former are not the true owners of the property and the Transfer Certificate Title
presented is spurious. Consing then filed a petition for injunctive relief in the RTC
of Pasig seeking to enjoin Unicapital to proceed against him on the ground that
he merely acted as agent of his mother. Unicapital, on the other hand, initiated a
criminal complaint for estafa through falsification of public document. Unicapital
also filed a civil case in RTC of Makati for recovery of sum of money and
damages, with application for a writ of preliminary attachment. Consing moved to
defer his arraignment in the Makati criminal case on the ground of the existence
of a prejudicial question due to the pendency of the Pasig and Makati civil case.
Is there a prejudicial question?
31. Is the resolution of the action for annulment of marriage a prejudicial question
that warrants the suspension of the criminal case for frustrated parricide?
32. Atty. Alfred obtained a loan from Bing covered by several postdated checks. The
checks were dishonored by the bank when Bing tried to encash them. Bing filed
a case for violation of BP 22 before the MTC. Bing also filed a disbarment case.
Atty. Alfred argues that the criminal prosecution constitutes a prejudicial question
in the administrative proceedings for his disbarment. Is Atty. Alfred correct?
33. Democrito Paras was charged with one count of rape. The Regional Trial Court
(RTC) found Paras guilty as charged which was affirmed by the Court of Appeals
(CA). Paras appealed the decision of CA before the Supreme Court. However,
the Court was informed that Paras had died at the New Bilibid Prison Hospital. Is
the civil liability of Paras extinguished together with his criminal liability in case of
death pending appeal?
34. Are counterclaims, cross claims, and third party complaints allowed in a criminal
case?
35. Can an employer be held civilly liable for quasi-delict in a criminal action filed
against his employee?
 36. May the offended party recover civil liability twice?
37. When can there be a consolidation of criminal and civil actions?
38. Is suspension of the criminal action by reason of a prejudicial question
automatic?
39. May the offended party compromise the civil aspect of the crime?
40. Is the suspension of a criminal case equal to dismissal?
41. When should the filing fees constitute a first lien on the judgment?
RULE 112 QUESTIONS

1. What is a Preliminary Investigation?

2. When is it required for a preliminary investigation to be conducted?
3. What are the rights of the respondent in a preliminary investigation?
4. Give the instances when a preliminary investigation is deemed waived.
5. State the purposes of a preliminary investigation.
6. Who may conduct determination of the existence of a probable cause?
7. Who are authorized to conduct a preliminary investigation?
8. What is the extent of authority of the Ombudsman in conducting preliminary
investigation?
9. What is the effect when there is no prior written authority or approval of the
provincial, or city prosecutor or the ombudsman or his deputy?
10. May a prosecutor be compelled by mandamus to file a complaint regarding a
complaint filed which he previously dismissed for lack of merit after preliminary
investigation?
11. When may a warrant of arrest be issued?
12. Give the difference between probable cause as determined by the prosecutor
and probable cause as determined by the judge.
13. What is an inquest proceeding?
14. What are the remedies of the accused if there was no preliminary investigation?
15. May hearsay be admissible in determining probable cause in a preliminary
investigation? Explain and cite legal basis.
16. What is a warrant of arrest?
17. Under what instances is a warrant of arrest not necessary?
18. May the Secretary of Justice motu proprio reverse or modify the resolution f the
city prosecutor?
19. What shall the investigating prosecutor do if he finds cause to hold the
respondent for trial?
20. What is probable cause?
21. What is the scope of preliminary investigation?
22. Is the right to a preliminary investigation a fundamental right?
23. Can an accused demand the right to confront and cross-examine his witnesses
during the preliminary investigation?
24. Can RTC judges conduct a preliminary investigation?
25. Is a preliminary investigation a judicial proceeding?
26. Is the determination of probable cause a judicial or executive function?
27. Is the finding of a judge that probable cause exists for the purpose of issuing a
warrant of arrest subject to judicial review?
28. Does the record of the preliminary investigation form part of the record of the
case?
29. If the investigating judge did not issue a warrant for the arrest of the accused
during the preliminary investigation, what is the remedy of the prosecutor if he
believes that the accused should be immediately placed under custody?
30. What are the principles governing the finding of probable cause for the issuance
of a warrant of arrest?
31. How should the complaint or information be filed when the accused is lawfully
arrested without warrant?
32. What is the remedy of the person arrested without warrant if he wants a
preliminary investigation?

33. What is the nature and effects of a preliminary investigation?

34. Is the lack of a preliminary investigation a ground for dismissing a complaint?
35. If the complaint or information is amended, should a new preliminary
investigation be conducted?
36. Is the presence of counsel in a preliminary investigation mandatory?
37. May a preliminary investigation be conducted ex parte (without the respondent's
participation)?

38. What is the difference between an Inquest and a Preliminary Investigation?

39. Can the accused file a motion to quash based on insufficiency of evidence?
40. What is the remedy of the complainant if the Secretary of Justice does not allow
the filing of a criminal complaint against the accused because of insufficiency of
evidence?
41. What are the remedies of a party against whom a warrant of arrest has been
issued?
42. What is the procedure in resolving a complaint when the preliminary investigation
is conducted by a judge?
43. What happens if the judge fails to resolve the case within 10 days from the
termination of the investigation?
44. What is the difference between criminal investigation and preliminary
investigation?
45. How does the investigating prosecutor resolve the findings after preliminary
investigation?
46. What should the Secretary of Justice do if an information that has already been
filed in court is appealed to him?
47. If the Secretary of Justice gives due course to the appeal, what should the trial
judge do?
48. Distinguish a preliminary examination from a preliminary investigation.
49. When will the MTC judge issue summons instead of a warrant of arrest?
50. May the accused demand that a preliminary investigation be conducted before
an information is filed in court?
51. Does the Supreme Court and Court of Appeals have the power to review
preliminary investigation?
52. What are the duties of an inquest officer?
53. Is the absence of a preliminary investigation a ground for dismissal of the case?
54. If the judge finds probable cause, what is the next step?
55. What is probable cause in preliminary investigation?
56. May the court interfere in the conduct of preliminary investigation?
57. What is the Doctrine of Inordinate Delay?
58. May an MTC Judge conduct preliminary investigation in the absence of public
prosecutor?
59. Is denial of preliminary investigation a violation of due process?
60. When is preliminary investigation a matter of right?
61. When is preliminary investigation a matter of discretion?
62. What are the remedies available to the accused if there was no preliminary
investigation conducted pursuant to a lawful warrantless arrest?
63. What is the duty of the investigating prosecutor finds cause to hold the
respondent for trial? If he finds no cause, what shall the prosecutor do?
64. Can courts interfere in the conduct of preliminary investigation? Is there an
exception to this rule?
65. Is clarificatory hearing is mandatory? State the reason.
66. What is the remedy of the aggrieved party from the resolution of the Investigating
Prosecutor as approved by his superior?
67. Discuss the effect of the filing of a Petition for Review before the DOJ if the
Information was already filed in court.
68. Does the SC and CA have the power to review preliminary investigation?
69. Does the record of preliminary investigation form part of the record of the case?
70. May the court issue a warrant of arrest in cases governed by the Rules on
Summary Procedure?
71. Effect of the absence of the required certification as to the holding of preliminary
investigation?
72. Is absence of preliminary investigation has effect on the jurisdiction of the court?
73. Is preliminary investigation an executive function or judicial function?
74. Is the absence of a preliminary investigation a ground for a motion to quash?
75. May the resolution of the prosecution be appealed?
RULE 113 – ARREST
1. Define arrest.
2. What are the modes of effecting arrest?
3. What is the duty of the arresting officer executing the warrant of arrest?
4. What is a warrant of arrest? What is the proper time of making arrest?
5. what are the essential requisites of a valid warrant of arrest?
6. Is there a period of validity of a warrant of arrest?
7. Remedy of the accused in case a warrant of arrest was improperly issued.
8. Distinguish preliminary inquiry from preliminary investigation.
9. An information for murder was filed against Rapido. The RTC judge, afterpersonally
evaluating the prosecutor's resolution, documents and parties' affidavits submitted by the
prosecutor, found probable cause and issued a warrant of arrest. Rapido's lawyer examined the
rollo of the case and found that it only contained the copy of the information, the submissions of
the prosecutor and a copy of the warrant of arrest. Immediately, Rapido's counsel filed a motion
to quash the arrest warrant for being void, citing as grounds:

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?

13. When is arrest without warrant lawful?

14. Discuss the method of arrest by officer by virtue of warrant.

15. Explain the method of arrest by officer without warrant.

16. State the method of arrest by private person.

17. What is personal knowledge?

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 114 BAIL COMMON QUESTIONS

1. Define bail.
2. What are the forms of bail?
3. What are the purposes of bail?
4. What are the conditions attached to the grant of bail?
5. State the constitutional basis of the right to bail.
6. Is arraignment required before the court grants bail?
7. When is bail not allowed/required?
8. When is bail a matter of right?
9. When is bail a matter of discretion?
10. What is the remedy of the accused when bail is denied?
11. What is the remedy of the accused when bail is discretionary?
12. What is the remedy against a Hold Departure Order or WLO?
13. What is the remedy of a person who is charged with an offense punishable by
reclusion Perpetua or life imprisonment while he is detained?
14. Define capital offense.
15. When may a hold departure order be issued?
16. What is a Hold Departure Order?
17. Is the right to bail impaired while the writ of habeas corpus is suspended? Why?
18. When may a person charged with a capital offense be admitted to bail?
19. When may a person charged with a capital offense be admitted to bail?
Paz was awakened by a commotion coming from a condo unit next to hers.
Alarmed, she called up the nearby police station. PO1 Remus and P02 Romulus
proceeded to the condo unit identified by Paz. PO1 Remus knocked at the door and
when a man opened the door, PO1 Remus and his companions introduced themselves
as police officers. The man readily identified himself as Oasis Jung and gestured to
them to come in. Inside, the police officers saw a young lady with her nose bleeding and
face swollen. Asked by P02 Romulus what happened, the lady responded that she was
beaten up by Oasis Jung. The police officers arrested Oasis Jung and brought him and
the young lady back to the police station. PO1Remus took the young lady's statement
who identified herself as AA. She narrated that she is a sixteen-year old high school
student; that previous to the incident, she had sexual intercourse with Oasis Jung at
least five times on different occasions and she was paid P5,000.00 each time and it was
the first time that Oasis Jung physically hurt her. P02 Romulus detained Oasis Jung at
the station's jail. After the inquest proceeding, the public prosecutor filed an information
for Violation of R.A. No. 9262 (The VAWC Law) for physical violence and five separate
information for violation of R.A. No. 7610 (The Child Abuse Law). Oasis Jung's lawyer
filed a motion to be admitted to bail but the court issued an order that approval of his
bail bond shall be made only after his arraignment.
 a. Did the court properly impose that bail condition before arraignment, Oasis
Jung's lawyer moved to quash the other four separate informations for violation of the
child abuse law invoking the single larceny rule?
b. Should the motion to quash be granted?
c. After his release from detention on bail, can Oasis Jung still question the
validity of his arrest?
20. Is the right to bail available in extradition cases?
21. X was charged with a crime. After trial, he was convicted. He filed a notice of
appeal. Can he still file a petition for bail with the trial court? Explain.
22. What are the guidelines in fixing the amount of bail?
23. What is a property bond?
24. What are the qualifications of sureties to a property bond?
25. When may bail be forfeited?
26. When may a person be released on recognizance?
27. Where shall bail be filed?
28. When may bail be cancelled?
29. How is bail cancelled?
30. What shall the court do if the person has been in custody for a period equal to or
more than the possible maximum imprisonment of the offense charged?
31. May the bail be increased or decreased?
32. Is bail a bar to objections on illegal arrest, lack of or irregular preliminary
investigation?
33. What is recognizance?
34. When is recognizance as a matter of right?
35. Distinguish a bail bond from recognizance.
36. Where should the accused post bail?
37. May witnesses be required to post bail?
38. What is the duration of bail?
39. Enrile and several others were charged with plunder in the Sandiganbayan on
the basis of their purported involvement in the diversion and misuse of
appropriations under the Priority Development Assistance Fund (PDAF). On the
same day that the warrant for his arrest was issued, Enrile voluntarily
surrendered. Consequently, Enrile filed a Motion to Fix Bail which was likewise
denied by the Sandiganbayan. Is Enrile entitled to bail?
40. Is bail allowed in deportation proceedings?
41. May an alien under deportation proceedings be granted bail?
42. Who furnishes the bail?
43. What are the rights and obligations of the bondsman?
44. Capri was released on bail through a bondsman but failed to appear during the
hearing despite efforts of the bondman. What is required to be done by the
bondsman?
45. Is arraignment required before the court may grant bail?
46. What is a corporate surety?
47. What is a property bond?
48. What is the nature of bail proceedings?
49. Is bail available in the military?
 50. May a fugitive apply for bail?
51. What is the effect of failure of the accused to appear at the trial without
justification despite due notice?
52. What is an order of forfeiture?
53. What are the bail-negating circumstances?
54. What is a bench warrant?
55. What are the remedies when bail is denied?
56. What are the factors to be considered in fixing the amount of bail?
57. When is a bail hearing necessary?
58. What are the duties of a judge when the accused files application for bail?
59. When may the accused released on bail be rearrested without the necessity of
warrant?
60. Who has the burden of proof that the evidence of guilt is strong in an application
for bail?
61. X jumped bail. After his re-arrest, the judge disapproved his application for bail.
Was the act of the judge correct? Why?
62. What are the factors in determining the amount of bail?
63. What is ADO?

Rule 115

1. What are the rights of the accused in criminal prosecutions?

2. What are the two aspects of the right to due process?
3. Is it necessary to have trial-type proceedings in order to satisfy the requirement
of due process?
4. In general, what are the requirements of procedural due process?
5. In criminal cases, what are the requirements of procedural due process?
6. What is the meaning of the right of presumption of innocence?
7. What are the exceptions to the constitutional presumption of innocence?
8. What is a “reverse trial”?
9. Can the right to be present at the trial be waived?
10. Is there a difference between the right to counsel during custodial investigation
and the right to counsel during the trial?
11. Why is the right to counsel afforded during trial?
12. When should the right to counsel be invoked?
13. Is the duty of the court to appoint counsel-de-oficio mandatory at all times?
14. Does the mistake of counsel bind the client?
15. When can the accused defend himself in person?
16. What is the weight of the testimony of an accused who testifies on his own behalf
but refuses to be cross-examined?
17. What is the scope of the right against self-incrimination?
18. Is there an exception to the right against self-incrimination?
 19. What is the rationale for protecting the right against self-incrimination?
20. Who may invoke the right against self-incrimination, and when can they invoke
the right?
21. Can the accused or witness invoke the right against self-incrimination if he is
asked about past criminality?
22. What is the effect of the refusal of the accused to refuse to testify in his behalf?
23. Is DNA testing covered by the right against self-incrimination?
24. What is the meaning of the right of confrontation?
25. Can the right of confrontation be waived?
26. What happens to the testimony of a witness who dies or becomes unavailable?
27. What is the right to compulsory process?
28. What is trial in absentia?
29. What are the requirements for trial in absentia?

30. What is the equipoise rule?

RULE 116: ARRAIGNMENT

1. What is arraignment?
2. What is the importance of arraignment?
3. What are the two components of arraignment?
4. How arraignment is made?
5. Where arraignment is made?
6. Who should appear during arraignment?
7. May an accused be arraigned even if he is not in court?
8. May the accused be arraigned before a court where the complaint or information was
not filed or was not assigned for trial?
9. May the accused be arraigned in absentia?
10. Is the offended party always required to appear at the arraignment?
11.What is the consequence when the offended party failed to appear during
arraignment despite due notice?
12. Why is it that the appearance of private offended party during arraignment is
required?
13. What are the purposes for which the offended party may be required to appear at
the arraignment?
14. What is the effect of absence of arraignment?
15. What are the grounds for the suspension of arraignment?
16. What is the rule on arraignment when the accused is under preventive suspension?
17. During the arraignment, is the judge duty-bound to point out that an information is
duplicitous?
18. What is the time frame for the accused to prepare for trial after arraignment?
19. What is the test to determine whether the insanity of the accused should warrant the
suspension of the proceedings?
20. The reading of the complaint or information cannot be waived. Give the instance/s
where reading of the complaint may be waived.
21. What may the court do in order to prevent surprise, suppression, or alteration?
22. What are the duties of the court before arraignment?
23. When a defendant appears without an attorney during arraignment, what should the
court do?
24. Can a non-lawyer represent the accused during arraignment?
25. May an accused be validly represented by a non-lawyer at the trial?
26. What are the duties of the pubic attorney if the accused assigned to him is
imprisoned?

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?

40. What is/are the effect/s of plea of guilty?

41. When can the validity of a plea of guilty be attacked?

42. When can the plea of guilty be considered a mitigating circumstance?
43. What is the effect of a plea of guilty without the consent of the offended party and
prosecutor?
44. As a rule, a plea of guilty is a judicial confession of guilt. What the effect on the
aggravating circumstances?
45. Is it mandatory for the prosecution to present proof of aggravating circumstances?
46. Can the lawyer of the accused enter a plea for him?
47. If the accused pleads guilty to an offense, is the presentation of evidence dispensed
with?
48. What happens if an accused pleads guilty but presents exculpatory evidence?
49. May an accused still present evidence even if he has pleaded guilty to a capital
offense?
50. What is the reception of evidence in case the accused pleads guilty? Give the rules
when the accused pleads guilty to a lower offense.
51. Can a person who pleaded guilty still be acquitted?
52. What is the effect of the refusal of the accused to enter a plea?
53. When should a plea of not guilty shall be entered?
54. What are the instances when the court will enter a plea of not guilty?
55. What is plea bargaining?
56. What are the requisites of plea bargaining?
57. Should the information be amended if plea bargaining is entered into?
Who gives consent for plea bargaining in cases of victimless crimes?

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?

59. Is plea bargaining in drugs cases allowed?

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?

88. What is the purpose of a bill of particulars?

89. What should be contained in the motion for a bill or particulars?
90. What is the right to modes of discovery?
91. What is the purpose of this right to modes of discovery?

RULE 117 – MOTION TO QUASH

1. What is a motion to quash? Discuss its purpose.

2. When is the proper time to file a motion to quash an information or complaint?

3. Who may file a motion to quash?

4. Give the form and contents of a motion to quash.

5. What are the grounds for a motion to quash?

6. What is the effect of sustaining a motion to quash?

7. The rule is that failure of the accused to assert any ground of a motion to quash
before he pleads to the complaint or information shall be deemed a waiver of any
objections. Is the rule absolute? If not, what are the exceptions?

8. What is/are the distinction/s of a motion to quash and a demurrer to evidence?

9. If the motion to quash is denied, what are the remedies of the accused?

10. Is the order denying the motion to quash appealable?

11. An order sustaining the motion to quash is not a bar to another prosecution for the
same offense. Is the rule absolute?

12. What is res judicata in prison grey?

13. What is the purpose of the right against double jeopardy?

14. Give the kinds of double jeopardy.

15. Give the elements of double jeopardy.

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?

20. Give the concept of the Identity Rule.

21. Give the instances where double jeopardy will not attach.

22. What is the so-called variance doctrine?

23. What is the doctrine of supervening fact?

24. Give the instances when dismissal of the case is tantamount to an acquittal.

25. What is provisional dismissal?

26. Give the periods when provisional dismissal becomes final.

27. What is the Time Bar Rule?

28. Give the requisites of provisional dismissal.

29. Distinguish withdrawal of information from a motion to dismiss.

30. When should prescription of offenses be raised?

31. Will the extinguishment of the crimes result in the extinguishment of the civil liability
of the accused?

32. Is lack of probable cause a ground for motion to quash? Explain.

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?

35. What is the Finality of Acquittal Doctrine?

36. Can the court motu proprio quash an information?

37. When shall provisional dismissal become permanent?

38. On what grounds may the alleged complaint or information be cured by

amendment?

39. Is lack of probable cause a ground for motion to quash?

40. When would double jeopardy apply even if the termination of the case was with the
express consent of the accused?

41. What is the difference between dismissal and acquittal?

42. May the accused still file a motion to quash after plea?

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:

"That on or about 10:30 o'clock in the evening of February 1, 2010 at Barangay

Matalaba, Imus, Cavite and within the jurisdiction of this Honorable Court, the above-
named accused, with lewd and unchaste design, through force and intimidation, did
then and there, wilfully, unlawfully and feloniously commit sexual abuse on his daughter,
Rose Domingo, a minor of 11 years old, either by raping her or committing acts of
lasciviousness on her, against her will and consent to her damage and prejudice.

ACTS CONTRARY TO LAW."

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.

55. May an oral motion to quash be considered by the court?

56. How is a criminal case revived after a provisional dismissal?

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?

66. What is nolleprosequi? Is nolleprosequi the same as quashal?

67. State the constitutional provision on double jeopardy.

68. Is lack of preliminary investigation a valid ground for a motion to quash?

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 118 – PRE-TRIAL

1. What is pre-trial?
2. Is pre-trial mandatory in criminal cases?
3. What are the matters considered during pre-trial?
4. What is the effect of non-appearance of counsel for the accused during pre-trial?
or the prosecutor during the pre-trial without valid justification?
5. Give the rationale of the exclusion of the accused in the mandatory appearance
during pre-trial.
6. What is the duty of branch clerk of court during the preliminary conference?
7. What is preliminary conference?
8. What is the purpose of preliminary conference?
9. What is plea bargaining?
10. What is the importance of plea bargaining?
11. What is pre-trial agreement?
12. What is a pre-trial order? Give its purpose and effect.
13. Distinguish pre-trial in a civil case from criminal case.
14. Define the concept of Court-Annexed Mediation.
15. What is the purpose of court-annexed mediation?
16. What is Judicial Dispute Resolution and state its purpose.
17. What is the role of a judge in mediation?
18. What are the cases covered by CAM and JDR?
19. Distinguish Court Annexed Mediation from Court Referred Mediation.
20. What are the cases which cannot be referred to CAM and JDR?
21. What is the consequence of failure of one party to participate in mediation?
22. What is the effect of referral of cases to CAM and JDR?
23. What is the effect of the non- compliance of the other party with the agreement
reached?
24. What is the difference of marking the evidence and offering the evidence?
25. What is a reverse trial?
26. What are the requisites before a pre-trial agreement may be used as evidence?
27. What is the duty of the Court after the pre-trial?
28. What is the duty of the judge before the pre-trial conference?
29. What is the duty of the judge when plea bargaining is agreed upon?
30. What is the duty of the judge when plea bargaining fails?
31. To whom will the questions directed during the pre-trial?
32. What must be done in order for admissions or agreements made or entered
during the pre-trial conference be made used against the accused?
33. When may a pre-trial order be issued?
34. What are the contents of an Order for Pre-trial Conference?
35. What is the remedy of the accused if he believes that the pre-trial order contains
mistakes or matters which were not taken up during the pre-trial?
36. What is the remedy if the case is not resolved during JDR?
37. What the court shall do after conducting the pretrial?
38. What is the effect if the arraignment in the pre-trial is not signed by accused and
counsel?
39. The rule is that the agreement or admission in the pre-trial to be admissible must
be put into writing signed by the accused and counsel. Is this applicable to
stipulations during trial? Why?
40. Is the offer of evidence in the pre-trial conference sufficient?
41. What is the effect if pre-trial was not conducted?
42. What is the form of pre-trial agreements?
43. What should be marked during pre-trial?
44. What are the grounds for the amendment of the pretrial agreement?
45. What are the three stages of diversion of cases?
46. Can the parties use modes of discovery in a criminal case?
47. Is the taking of depositions in criminal cases mandatory?
48. When shall the criminal cases be referred to the Philippine Mediation Center
(PMC) Unit
49. Shall the cases subject to the Rules on Summary Procedure be referred to
mediation?
50. When shall the mediation be terminated?
51. May the accused waive his presence at the pre-trial conference?
52. Who should ask the questions during the pre-trial?
53. What is required to be done with regards to agreements and admissions during
the pre-trial?
54. What is Stipulation of Facts?
55. If the accused pleads guilty, can there will be pretrial on the same day? If not,
what will happen?
56. What is the rationale of the exclusion of the accused in the mandatory
appearance during pre-trial?
57. Shall the court proceed with the pre-trial despite the absence of the accused
and/or private complainant?
58. What should the court do when the prosecution and offended party agree to the
plea offered by the accused?
59. When should arraignment and pre-trial be conducted?
 60. What are the conditions for a valid plea bargaining agreement?

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 120: JUDGMENT

1. What is Judgment?
2. What are the contents of judgment?
3. What are the requisites of a valid judgment?
4. May the judgment be promulgated by the clerk of court?
5. When does a judge cease to be the incumbent judge?
6. What is the effect of failure to object to two or more offenses charged in a single
complaint?
7. What is the propriety in case of variance between allegation and proof?
8. How is promulgation of judgment made?
9. How will the judgment be promulgated in absentia?
10. When is there “rendition of judgment”?
11. What remedies are available to the accused before the judgment attains finality?
12. Is there anything that the accused can do to regain the remedies he has lost
when he failed to appear despite notice?
13. What is the propriety of the accused failure to appear at a scheduled date of
promulgation?
14. When is modification of judgment proper?
15. Who is a youthful offender?
16. What if the accused is 16 when he committed the crime but the trial went on for
so many years and so when the judgment was promulgated, he was already 41
years old? Is he still entitled?
17. Is the accused entitled to the benefit of suspended sentence even if he did not
ask for it?
18. What if the youthful offender is already over 21 years of age at the time of
promulgation? Is he still entitled to the benefit of a suspended sentence?
19. If a criminal case is dismissed, may the State or the People or the prosecution
appeal from the order of dismissal?
20. When does a judgment become final?
21. What is the Neypes Rule?
22. When is an offense charged necessarily includes the offense proved?
23. When is an offense considered to be necessarily included in the offense proved?
24. How is judgment promulgated if the accused is confined or detained in another
city?
25. When may the clerk of court promulgate the judgment?
26. Distinguished a final order from an interlocutory order?
27. Distinguished finality of judgment from entry of judgment?
28. Is there a need to completely specify the law violated in the judgment?
29. Is the decision valid if judgment provides alternative penalties?
30. What is the effect of probation?
31. When should probation be availed of?
32. State the nature of probation.
33. What is the rule if the minor already reached the age of majority upon the
promulgation of his sentence?
34. What is mittimus?
35. What is the rule on suspension of sentence for youthful offenders?
36. Instances when the State cannot appeal if a criminal case is dismissed?
37. What is ratio decidendi?
38. What is sin perjuico judgment?
39. Is a youthful offender entitled to the benefit of suspended sentence even if he did
not ask for it?
 40. What is the importance of using the proper terminology in the imposition of
imprisonment penalties?
41. What constitutes civil liability arising from crime?
42. When may attorney’s fees be awarded?
43. When are exemplary damages awarded?
44. What should the offended party prove do if he wants to claim actual damages or
loss of earning capacity?
45. Is there need for proof of pecuniary loss in order that moral, nominal, temperate,
liquidated, or exemplary damages may be adjudicated?
46. May damages be increased on appeal?
47. What are nominal damages?
48. How should the judgment be promulgated when the conviction is for light
offense?
49. Can the court modify a judgment, motu propio?
50. Can the judge impose a penalty of reclusion perpetua or a fine of P10, 000?
51. Can the judge impose a penalty of reclusion perpetua and a fine of P10, 000?
52. What is the importance of using the proper terminology in the imposition of
imprisonment penalties?
53. What is the remedy of the offended party if the judgment fails to award civil
liability?
54. What is the effect of the final discharge?
55. May damages be increased on appeal?
56. What is the civil liability of one who is guilty of illegal possession of firearms?
57. What is the effect of the failure of the accused to object to a complaint or
information that charges more than one offense before he is arraigned?
58. What is the rule in case the offense charged is different from the offense proved?
59. X was charged with rape.  What was proved at the trial was qualified seduction. 
Can X be convicted of qualified seduction?
60. Is an erroneous judgment valid?
61. Is a judgment which imposes a penalty that does not exist or one that is
impossible?
62. Can there be probation if the penalty is merely a fine?

RULE 121-Common Questions

1. Who may move for new trial or reconsideration?

2. What is the period to file a motion for new trial or motion for reconsideration?
3. What are the grounds for motion for new trial?
4. What are the grounds for motion for new consideration?
5. What is the Neypes Rule?
6. What is the Berry Rule?
7. Is the Neypes Rule applicable to criminal cases?
8. Is the Neypes Rule applicable to special cases?
9. What is the fresh period rule?
10. What is the effect of the grant of a motion for new trial?
11. What is the effect of granting a new trial on the ground of errors of law or irregularities
committed during the trial?
12. What is the effect of granting a new trial on the ground of newly discovered evidence?
13. Difference between new trial and reopening of the case.
14. May errors or ignorance of counsel be a ground for new trial or reconsideration?
15. What is affidavit of desistance
16. Can the court conduct a new trial or reconsider its decision at its own initiative?
17. Difference between recantation and affidavit of desistance.
18. May an affidavit of desistance be a ground for a new trial?
19. What is the Ominbus Motion Rule?
20. What are the requisites of newly discovered evidence?

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?

41. Is a change of theory allowed on appeal?

42. What is the harmless error rule?
43. Distinguish between Final Judgment and Final Order.
44. Distinguish between Appeal of a Judgment and Appeal of an Order.
45. What are the grounds for dismissal of an appeal for abandonment or failure to
prosecute?
46. What are the effects of an appeal from a judgment of conviction?
47. What is “stay of execution”?
48. State the effect of failure to file a memorandum on appeal
49. What is the period to file a motion for new trial or motion for reconsideration?
50. What are the grounds for the dismissal of appeal?
51. Can a party may apply for attachment?
52. What cases can a party may file an attachment?
53. What are the grounds for dismissal of an appeal for abandonment or failure to
prosecute?
54. Can judgment be reversed or modified for substantial error? If no what are the
exceptions?
55. What should he Court of Appeals do when a new trial is conduced?
56. What is the scope of judgment of Court of Appeals?
57. Can a motion for reconsideration be filed before the Court of Appeals? What are
the limitations of such?
58. How should the appeal of a detainee be treated?
59. Is the presence of the detainee required during the hearing of the appeal?
60. What are the cases that governed by the rules on summary procedure?
61. What are the cases falling under the Rules of Summary procedure?
62. How criminal case is instituted in a Summary Procedure?
63. What is the extent of the power of the appellate court in appealed cases?
64. What constitutes a quorum in the Court of Appeals?
65. When the CA’s entry of judgment is issued, how shall the records be
transmitted?
66. What are the ways by which a case reaches the Supreme Court?
67. What is the effect if the Supreme Court en banc is equally divided?
68. What is the effect of direct appeal to the Supreme Court on question of law in
criminal cases?
69. When may a criminal case be reheard by the Supreme Court?
70. Does the filing of the motion for reconsideration stay the mittimus?
71. When can there be extension of time for the filing of briefs?
72. What is the effect of failure of the appellant to file his brief?
73. What is the exception to such rule?
74. Convicted by the RTC of homicide, the accused appealed within the
reglementary period to the CA. Can he still file a motion for new trial?
75. May the appellant withdraw his appeal even if the withdrawal is sought when the
case is already on appeal?
76. What are your remedies from a judgment of conviction rendered by the MTC?
77. What are your remedies from a judgment of conviction rendered by the RTC, but
not imposing the penalty of death, life imprisonment or reclusion perpetua?
78. What are your remedies from a judgment of conviction rendered by the RTC
imposing the penalty of life imprisonment or reclusion perpetua?
79. Can the prosecution appeal a judgment of acquittal?
80. How is appeal taken?
 81. How is an appeal perfected?
82. Within what period must appeal be perfected?
83. What is the effect of the perfection of an appeal?
84. What is the remedy if the judgment is now final and the accused is serving
sentence?
85. Is the “fresh period rule” laid down by the Supreme Court in Neypes, et al. v. CA,
et al., applicable in criminal cases?

RULE 126

1. What is a search warrant? What is the nature of a search warrant?

2. Distinguish arrest from search and seizure.
3. Where can application for search warrant be filed?
4. What are the requisites for the issuance of a search warrant?
5. What is the test to determine particularity of the place to be search?
6. Who determines probable cause?
7. What is the probable cause in the issuance of a search warrant?
8. What properties may be seized by a search warrant?
9. When may a search warrant be issued?
10. What is the lifetime of a search warrant?
11. What are the duties of the judge after search and seizure?
12. When can there be warrantless search?
13. Can there be an ex parte application for a search warrant?
14. When may the officer break door or window to effect search warrant?
15. What are the duties of the judge after the search and seizure?
16. Remedies for illegal search.
17. Where do file motion to quash a search warrant?
18. Who may question the validity of search and seizure?
19. What is a general warrant?
20. What is a scatter shot search warrant?
21. What is the carroll doctrine?
22. What is the terry doctrine?
23. What is the plain view doctrine?
24. What is the immediate control test?
25. What is a john doe warrant?

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?