CRIMINAL PROCEDURE

TIME: THREE (3) HOURS

ATTY. ALAIN JAN B. BRIGOLI

INSTRUCTIONS

Read each question very carefully and write your answers in your
Examination Notebook in the same order the questions are posed.
Write your answers only on the front of every sheet in your Notebook.
If not sufficient then start with the back page of the first sheet and
thereafter. Note well the allocated percentage points for each number,
question, or sub-question. In your answers, use the numbering
system in the questionnaire.

Answer the Essay questions legibly, clearly, and concisely. Start each
number on a separate page. An answer to a sub-question under the
same number may be written continuously on the same page and the
immediately succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts,

apply the pertinent laws and jurisprudence, and arrive at a sound or
logical conclusion. Always support your answer with the pertinent
laws, rules, jurisprudence, and the facts.

A mere "Yes" or "No" answer without any corresponding explanation

or discussion will not be given full credit. Thus, always briefly but
fully explain your answers although the question does not expressly
ask for an explanation. You do not need to re-write or repeat the
question in your Notebook.

Make sure you do not write your name or any extraneous note/s or
distinctive marking/s on your Notebook that can serve as an
identifying mark/s (such as names that are not in the given
questions, prayers, or private notes to the Examiner). Writing,
leaving, or making any distinguishing or identifying mark in the exam
Notebook is considered cheating and can disqualify you.

SUBMIT YOUR ANSWERS THROUGH ELECTRONIC MAIL

(HEREINAFTER REFERRED TO AS “E-MAIL” FOR BREVITY) TO THE
FOLLOWING EMAIL ADDRESS (ajbrigoli26@gmail.com), ON OR
BEFORE 9.30PM.

THE TIMELAPSE VIDEO SHOULD BE EMAILED TO THE AFORE-

CITED EMAIL ADDRESS NOT LATER THAN

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 I. ( 5 pts)

Engr. Magna Nakaw, the District Engineer of the DPWH in the

Province of Walang Progreso, and Mr. Pork Chop, a private
contractor, were both charged in the Office of the Ombudsman for
violation of the Anti-Graft and Corrupt Practices Act (R.A. No. 3019)
under a conspiracy theory.

While the charges were undergoing investigation in the Office of the

Ombudsman, Engr. Magna Nakaw passed away. Mr. Pork Chop
immediately filed a motion to terminate the investigation and to
dismiss the charges against him, arguing that because he was
charged in conspiracy with the deceased, there was no longer a
conspiracy to speak of and, consequently, any legal ground to hold
him for trial had been extinguished.

Rule on the motion to terminate filed by Mr. Pork Chop, with brief
reasons. (5%).

II. (5 pts.)

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 litis pendentia, 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. (5%)

III. (10 pts.)

a. What are the requisites for the exercise Criminal Jurisdiction?
Briefly explain each.

b. Compare and Contrast Jurisdiction over the Subject Matter and

Jurisdiction over the person of the accused. Be exhaustive in
your discussion.

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 IV. (5 pts.)
Compare and Contrast a Complaint from an Information.

V. (5 pts.)
Compare and Contrast Amendment and Substitution.

VI. (10 pts.)

Enumerate the Criminal Cases within the Jurisdiction of the
MTC/MeTC/MCTC, the RTC and the Sandiganbayan.

VI. (10 pts)

While in his Nissan Patrol and hurrying home to Quezon City from
his work in Makati, Gary figured in a vehicular mishap along that
portion of EDSA within the City of Mandaluyong. He was bumped
from behind by a Ford Expedition SUV driven by Horace who was
observed using his cellular phone at the time of the collision. Both
vehicles - more than 5 years old – no longer carried insurance other
than the compulsory third party liability insurance. Gary suffered
physical injuries while his Nissan Patrol sustained damage in excess
of Php500,000.

A. If a criminal was filed by Gary against Horace, Can Gary file a

separate civil action with respect to the damages he suffered?
Explain.

B. Explain the concept of an Independent Civil Action.

VIII. (5 pts.)
A was charged with a “non-bailable” offense. At the time when the
warrant of arrest was issued, he was confined in the hospital and
could not obtain a valid clearance to leave the hospital. He filed a
petition for bail saying therein that he be considered as having placed
himself under the jurisdiction of the court. May the court entertain
his petition? Why or why not?

IX. (10 pts)

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When is Bail a matter of right and when is it a matter of discretion.
Be exhaustive in your answer.

X. (10 pts)
What is a Prejudicial Question?
What are the elements of a Prejudicial Question?
Are there any exceptions to the rule that only civil actions, in
relation to criminal actions can be the proper subject of a
prejudicial question?

XI. (10 pts)

On his way to the PNP Academy in Silang, Cavite on board a public
transport bus as a passenger, Police Inspector Masigasig of the
Valenzuela Police witnessed an on-going armed robbery while the bus
was traversing Makati. His alertness and training enabled him to foil
the robbery and to subdue the malefactor. He disarmed the felon and
while frisking him, discovered another handgun tucked in his waist.
He seized both handguns and the malefactor was later charged with
the separate crimes of robbery and illegal possession of firearm.

A) Where should Police Inspector Masigasig bring the felon for

criminal processing? Which court has jurisdiction over the
criminal cases?

B) May the charges of robbery and illegal possession of firearm be

filed directly by the investigating prosecutor with the
appropriate court without a preliminary investigation? What is
required?

XII. (10 pts.)

Enumerate and Explain the procedure for the conduct of Preliminary

Investigation by the Investigating Prosecutor. Be exhaustive in your
answer.

XIII. (5 pts.)
Jose, Alberto and Romeo were charged with murder. Upon filing the
information, the RTC judge issued warrants for their arrest. Learning
of the issuance of the warrants, the three 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 accused showed
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up in court for fear of being arrested. The RTC judge denied their
motion because the RTC did not acquire jurisdiction over the persons
of the movants. Did the RTC rule correctly?

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