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CrimPro Reviewer
CrimPro Reviewer
This work is made possible through joint efforts of the members and ALTERNATIVE ANSWER:
volunteers of the Law Student Government Academics Committee 2018- If the judgment of acquittal is based on reasonable doubt, the court may
2019. This is not an original work by the persons named herein but is only a receive it in evidence because in such case, the civil action for damages which
compilation of answers to bar examination questions by the UP Law may be instituted requires only a preponderance of the evidence. (Art. 29,
Complex, Philippine Association of Law Schools, and local law students and Civil Code).
lawyers. This work is not intended for sale nor commerce but may be freely
distributed and mass produced by those who seek a better understanding of Actions; BP22; Civil Action deemed included (2001)
the concepts in Criminal Procedure. Saturnino filed a criminal action against Alex for the latter’s bouncing check.
On the date of the hearing after the arraignment, Saturnino manifested to
Due credit and appreciation are extended to those who actually own the the court that he is reserving his right to file a separate civil action. The court
intellectual property rights over the content of this material as well as to the allowed Saturnino to file a civil action separately and proceeded to hear the
contributors and volunteers. The latter intends to do no copyright criminal case. Alex filed a motion for reconsideration contending that the civil
infringement nor do they accept any liability for the content and action is deemed included in the criminal case. The court reconsidered its
consequences of any act performed by the user, except for typographical, order and ruled that Saturnino could not file a separate action. Is the court’s
grammatical, or related errors. order granting the motion for reconsideration correct? Why? (5%)
For contributions, suggestions, participations, you may approach the Law SUGGESTED ANSWER:
Student Government or contact the same through any of the following Yes, the court’s order granting the motion for reconsideration is correct. The
media: Facebook: LSG San Beda Manila (@lsg.sanbedamanila); Rules provide that the criminal action for violation of B.P. Blg. 22 shall be
Contact Number: 09951693210; E-mail address: [email protected] deemed to include the corresponding civil action, and that no reservation to
file such civil action separately shall be allowed. [Sec. 1(b), Rule 111, Revised
UIOGD. Rules of Criminal Procedure]
ALTERNATIVE ANSWER: The accused filed an action for recovery of the firearm in another court
He is not entitled to a preliminary investigation because the penalty for against the police officers with an application for the issuance of a writ of
estafa is the sum of P10,000 does not exceed 4 years and 2 months. Under replevin. He alleged in his Complaint that he was a military informer who had
Sec. 1, second par., Rule 112, a preliminary investigation is not required. been issued a written authority to carry said firearm. The police officers
(Note: The penalty is not stated in the question.) moved to dismiss the complaint on the ground that the subject firearm was
SUGGESTED ANSWER: I will also present proof of employment of Gary such as payslip in order to
A)As counsel for Gary, I will first have him medically examined in order to prove income thereof. I will also present the attending Doctor of Gary to
ascertain the gravity and extent of the injuries sustained from the accident. corroborate and authenticate the contents of the medical report and abstract
Second, I will secure an accurate police report relative to the mishap unless thereof. The evidence required to hold defendant Horace liable is only
Horace admits his fault in writing, and request Gary to secure a car damage preponderance of evidence. The types of defenses that may be raised against
estimate from a car repair shop. Third, I will ask him to execute his this action are fortuitous event, force majeure or acts of God. The defendant
Sinumpaang Salaysay. Thereafter, I will use his Sinumpaang Salaysay or can also invoke contributory negligence as partial defense. Moreover, the
prepare a Complaint-affidavit and file the same in the Office of the City defendant can raise the usual defenses that the: (a) plaintiff will be entitled to
Prosecutor of Mandaluyong City (Sections 1 and 15 Rule 110, Rules of double compensation or recovery, and (b) defendant will be constrained to
Criminal Procedure). This being a case of simple negligence and the penalty litigate twice and therefore suffer the cost of litigation twice.
for the offense does not exceed six months imprisonment, the court with
original and exclusive jurisdiction is the Metropolitan Trial Court of Actions; Commencement of an Action; Party (2013)
Mandaluyong City. 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
B) If Gary chooses to file an independent civil action for damages, explain foreign posting still left her husband Dario lonely so that he also engaged in
briefly this type of action: its legal basis; the different approaches in pursuing his own extramarital activities. In one particularly exhilarating session with his
(b) Instead of filing an Answer, X and Y move to dismiss the complaint for SUGGESTED ANSWER:
damages on the ground of litis pendentia. Is the motion meritorious? Explain. The objection should be overruled. Lawyer-client privilege is not involved
(2%) here. The subject on which the counsel would be examined has been made
public in the affidavit he offered and thus, no longer privileged, aside from
SUGGESTED ANSWER: the fact that it is in respect of what the counsel witnessed during the incident
No, the motion to dismiss base on alleged litis pendencia is without merit and not to the communication made by the client to him or the advice he
because there is no identity of parties and subject matter in the two cases. gave thereon in his professional capacity.
Besides, Art. 33 of the Civil Code and Rule 111, Sec. 3 of the Rules of Criminal
Procedure authorize the separate civil action for damages arising from Actions; Hold Departure Order (2010)
physical injuries to proceed independently. While window-shopping at the mall on August 4, 2008, Dante lost his
organizer including his credit card and billing statement. Two days later,
(c) Suppose only X was named as defendant in the complaint for damages, upon reporting the matter to the credit card company, he learned that a one-
may he move for the dismissal of the complaint for failure of V to implead Y way airplane ticket was purchased online using his credit card for a flight to
as an indispensable party? (2%) Milan in mid- August 2008. Upon extensive inquiry with the airline company,
(a) What is the proper procedure to prevent Dina from leaving the SUGGESTED ANSWER:
Philippines? (2%) No, the arresting officer may not take the arrested suspect from Pasay City to
Caloocan City. The arresting officer is required to deliver the person arrested
SUGGESTED ANSWER: without a warrant to the nearest police station or jail (Rule 112, Sec. 5, 2000
I would advise: Rules of Criminal Procedure). To be sure, the nearest police station or jail is in
(1) The filing of an appropriate criminal action cognizable by the RTC against Pasay City where the arrest was made, and not in Caloocan City.
Dina and the filing in said criminal action a Motion for the issuance of a Hold
Departure Order; (b) In the course of serving a search warrant, the police find an unlicensed
(2) Thereafter, a written request with the Commissioner of the Bureau of firearm. Can the police take the firearm even if it is not covered by the search
Immigration for a Watch List Order pending the issuance of the Hold warrant? If the warrant is subsequently quashed, is the police required to
Departure Order should be filed; return the firearm? Explain briefly. (5%)
(3) Then, the airline company should be requested to cancel the ticket issued
to Dina. SUGGESTED ANSWER:
Yes, the police may take with him the “unlicensed” firearm although not
(b) Suppose an Information is filed against Dina on August 12, 2008 and she covered by the search warrant. Possession of an “unlicensed firearm” is a
is immediately arrested. What pieces of electronic evidence will Dante have criminal offense and the police officer may seize an article which is the
to secure in order to prove the fraudulent online transaction? (2%) “subject of an offense.” Thus us especially so considering that the “unlicensed
firearm” appears to be in “plain view” of the police officer when the
conducted the search.
SUGGESTED ANSWER:
He will have to present (a) his report to the bank that he lost his credit card
(b) that the ticket was purchased after the report of the lost and (c) the Even if the warrant was subsequently quashed, the police are not mandated
purchase of one-way ticket. Dante should bring an original (or an equivalent to return the “unlicensed firearm.” The quashal of the search warrant did not
copy) printout of: 1) the online ticket purchase using his credit card; 2) the affect the validity of the seizure of the “unlicensed firearm.” Moreover,
phone call log to show that he already alerted the credit card company of his returning the firearm to a person who is not otherwise allowed by law to
loss; and 3) his credit card billing statement bearing the online ticket possess the same would be tantamount to abetting a violation of the law.
transaction.
TOPIC: BAIL
TOPIC: ARREST
Bail; Application (2012)
Arrest; Warrantless Arrests & Searches (2007) 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
(a) On his way home, a member of the Caloocan City police force witnesses a valid clearance to leave the hospital. He filed a petition for bail saying therein
bus robbery in Pasay City and effects the arrest of the suspect. Can he bring
Res Judicata in Prison Grey (2010) Search & Seizure; Warrantless Search (2010)
What is "res judicata in prison grey"? (2%) As Cicero was walking down a dark alley one midnight, he saw an "owner-
type jeepney" approaching him. Sensing that the occupants of the vehicle
SUGGESTED ANSWER: were up to no good, he darted into a corner and ran. The occupants of the
“Res judicata in prison grey” is the criminal concept of double jeopardy, as vehicle − elements from the Western Police District − gave chase and
“res judicata” is the doctrine of civil law (Trinidad vs. Office of the apprehended him. The police apprehended Cicero, frisked him and found a
Ombudsman, G.R. No. 166038, December 4, 2007). sachet of 0.09 gram of shabu tucked in his waist and a Swiss knife in his
secret pocket, and detained him thereafter.
Described as “res judicata in prison grey,” the right against double jeopardy Is the arrest and body-search legal? (3%)
prohibits the prosecution of a person for a crime of which he has been
previously acquitted or convicted. The purpose is to set the effects of the first SUGGESTED ANSWER:
prosecution forever at rest, assuring the accused that he shall not thereafter The arrest and body-search was legal. Cicero appears to be alone „walking
be subjected to the danger and anxiety of a second charge against him for down the dark alley” and at midnight. There appears probable cause for the
the same offense (Joel B. Caes vs. Intermediate Appellate Court, November 6, policemen to check him, especially when he darted into a corner (presumably
1989). also dark) and run under such circumstance.
Search & Seizure; Plain View (2008) Although the arrest came after the body-search where Cicero was found with
The search warrant authorized the seizure of “undetermined quantity of shabu and a Swiss knife, the body-search is legal under the “Terry search”
shabu.” During the service of the search warrant, the raiding team also rule or the “stop and frisk” rule. And because the mere possession, with
recovered a kilo of dried marijuana leaves wrapped in newsprint. The accused animus, of dangerous drug (the shabu) is a violation of the law (R.A. 9165),
moved to suppress the marijuana leaves as evidence for the violation of the suspect is in a continuing state of committing a crime while he is illegally
Section 11 of the Comprehensive Dangerous Drugs Act of 2002 since they possessing the dangerous drug, thus making the arrest tantamount to an
were not covered by the search warrant. The State justified the seizure of the arrest in flagrante: so the arrest is legal and correspondingly, the search and
marijuana leaves under the “plain view” doctrine. There was no indication of seizure of the shabu and the concealed knife may be regarded as incident to
whether the marijuana leaves were discovered and seized before or after the a lawful arrest.
SUGGESTED ANSWER:
PDEA Director Shabunot may file an application for search warrant in any -versus- Criminal Case No. 007 for
court within the judicial region where the crime was committed. (Rule 126, Violation of R.A. 9165
Sec.2[b]).
Ho Pia and Sio Pao,
ALTERNATIVE ANSWER: Accused.
PDEA Director Shabunot may file an application for search warrant before the
Executive Judge and Vice Executive Judges of the Regional Trial Courts of x- - - - - - - - - - - - - - - - - - - - - -x
Manila or Quezon Cities. (A.M. No. 99-10-09-SC, January 25, 2000). TO ANY PEACE OFFICER
(b) What documents should he prepare in his application for search warrant? Greetings:
(2%) It appearing to the satisfaction of the undersigned after examining
under oath PDEA Director shabunot that there is probable cause to
SUGGESTED ANSWER:
believe that violations of Section 18 and 16 of R.A. 9165 have been
He should prepare a petition for issuance of a search warrant and attach
committed and that there are good and sufficient reasons to believe
therein sworn statements and affidavits.
that Ho Pia and Sio Pao have in their possession or control, in a two
Witness my hand this 1st day of March, 2012. (signed) Judge XYZ SUGGESTED ANSWER:
No, the court should not order the return of the unlicensed armalite because
it is contraband or illegal per se. (PDEA vs. Brodett, G.R. No. 196390,
d) Cite/enumerate the defects, if any, of the search warrant. (3%) September 28, 2011). The possession of an unlicensed armalite found in plain
view is mala prohibita. The same should be kept in custodial legis.
SUGGESTED ANSWER:
(1) The search warrant failed to particularly describe the place to be Trial; Remedies (2013)
searched and the things to be seized (Rule 126, Sec.4, Rules of At the Public Attorney's Office station in Taguig where you are assigned, your
Court). work requires you to act as public defender at the local Regional Trial Court
and to handle cases involving indigents.
(2) The search warrant commanded the immediate search, at any time in
the day or night. The general rule is that a search warrant must be (A) In one criminal action for qualified theft where you are the defense
served in the day time (Rule 126, Sec.8, Revised Rules on Criminal attorney, you learned that the woman accused has been in detention for six
Procedure), or that portion of the twenty-four hours in which a months, yet she has not been to a courtroom nor seen a judge. What remedy
man‟s person and countenance are distinguishable (17 C.J. 1134). By would you undertake to address the situation and what forum would you use
way of exception, a search warrant may be made at night when it is to invoke this relief? (3%)
positively asserted in the affidavit that the property is on the person
or in the place ordered to be searched (Alvares vs. CFI of Tayabas, 64 SUGGESTED ANSWER:
Phil. 33). There is no showing that the exception applies. Section 7, Rule 119 provides, if the public attorney assigned to defend a
person charged with a crime knows that the latter is preventively detained,
(e) Suppose the search warrant was served on March 15, 2012 and the search either because he is charged with a bailable crime but has no means to post
yielded the described contraband and a case was filed against the accused in bail, or, is charged with a non-bailable crime, or, is serving a term of
RTC, Sta. Cruz, Laguna and you are the lawyer of Sio Pao and Ho Pia, what imprisonment in any penal institution, it shall be his duty to do the following:
will you do? (3%) (a) Shall promptly undertake to obtain the presence of the prisoner for trial
or cause a notice to be served on the person having custody of the prisoner
requiring such person to so advise the prisoner of his right to demand trial.
Similarly, in People vs. Sitco, G.R. No. 178202, May 14, 2010, the High Court Since minors fifteen (15) years of age and under are not criminally
held that in prosecutions involving narcotics and other illegal substances, the responsible, the child may not be detained to answer for the alleged offense.
substance itself constitutes part of the corpus delicti of the offense and the The arresting authority has the duty to immediately release the child to the
fact of its existence is vital to sustain a judgment of conviction beyond custody of his parents or guardians or in their absence to the child‟s nearest
reasonable doubt. relative (Section 20, republic Act 9344).
(D) In one other case, an indigent mother seeks assistance for her 14-year old Following the hierarchy of courts, the Petition must be filed in the Regional
son who has been arrested and detained for malicious mischief. trial Court having jurisdiction over the place where the child is being
detained.
SUGGESTED ANSWER: 2) Name two instances where the trial court can hold the accused civilly liable
Yes, L can file a petition for mandamus to enforce his constitutional right to a even if he is acquitted. (2%)
speedy trial which was capriciously denied to him.
###
SUGGESTED ANSWER: At the trial, the prosecutor called to the witness stand AA as his first witness
a)No. The court did not properly impose that bail condition. The Revised and manifested that he be allowed to ask leading questions in conducting his
Rules of Criminal Procedure do not require the arraignment of the accused as direct examination pursuant to the Rule on the Examination of a Child
prerequisite to the conduct of hearings in the bail petition. A person is Witness. BB's counsel objected on the ground that the prosecutor has not
allowed to file a petition for bail as soon as he is deprived of his liberty by conducted a competency examination on the witness, a requirement before
virtue of his arrest or voluntary surrender. An accused need not wait for his the rule cited can be applied in the case.
arraignment before filing the bail petition (Serapio v. Sandiganbayan, G.R.
No. 149116, January 2, 2003). xxx
Moreover, the condition that the approval of bail bonds shall be made only After the prosecution had rested its case, BB's counsel filed with leave a
after arraignment would place the accused in a position where he has to demurrer to evidence, seeking the dismissal of the case on the ground that
choose between: (1) filing a motion to quash (the Information) and thus delay the prosecutor failed to present any evidence on BB' s minority as alleged in
his released on bail because until his motion to quash can be resolved, his the Information. Should the court grant the demurrer?
arraignment cannot be held; and (2) foregoing the filing of a motion to quash
(the Information) so that he can be arraigned at once and thereafter be SUGGESTED ANSWER:
released on bail (Lavides v. Court of Appeals, G.R. No. 129670, February 1, No, the court should not grant the demurrer. While it was alleged in the
Page 31 of 32 Criminal Procedure Bar Q&As 1997 - 2016
LSG AY 2018-2019
information that BB was a minor at the time of the commission of the
offense, the failure of the prosecutor to present evidence to prove his
minority is not a basis for the granting of the demurrer, because minority of
the accused is not an element of the crime of rape.
Be that as it may, the Court should not consider minority in rendering the
decision. After all, the failure of the prosecutor to prove the minority of AA
may only affect the imposable penalty but may not absolve him from criminal
liability.
###