LICEO COLLEGE OF LAW

Final Examination
[Criminal Procedure]
12 January 2023

INSTRUCTIONS: Read each question very carefully. Answer legibly, clearly, and concisely. Write your answer in
the box provided below each question. Support your answer with legal reasoning. A mere "Yes" or "No" answer
without any corresponding discussion will not be given any credit. You will be given credit for your knowledge of
legal doctrine and for the quality of your legal reasoning. Good Luck!!!

QUESTIONS

Part I:

1. Distinguish a motion to quash and a motion to dismiss based on demurrer.

ANSWER:
Motion to Quash - presupposes the accused hypothetically admits the fatcs alleged
hence the court in resolving the cannot consider facts contrary to those alleged in the
information.

- it is a a motion filed by the accused by the accused through his counsel which
if granted will result to the dismissal of the case.

Motion to Dismiss- is a motion when a request is made to drop a court case.It can
also be made on various grounds.

2. Section 2 of Rule 117 provides that the court shall consider no grounds in a motion to
quash other than those stated in the motion. Is this rule absolute? Discuss.

ANSWER:
YES except lack of jurisdiction over the offense charged and when the iformation
does not charge the offense.

3. If a motion to quash is granted, may the prosecution re-file the complaint for the same
offense?

ANSWER:
Yes, the court may order another complaint or information be filed except as
provided in section 6 of this rule.If the order is made,,the accused,if in custody
shall not be discharged unless admitted to bail.
 FINAL EXAM | CRIMPRO -- PAGE 2 --

4. In resolving a motion to quash, may the court consider matters aliunde?

ANSWER:
NOt to be considered.

5. Is an order granting a motion to quash appealable?

ANSWER:
YES.The prosecution may elevates to the higher courts an order granting a motion
to quash.

6. May the accused be convicted if the offense charged varies with the offense proved?

ANSWER:
An accused can be convicted of an offense only when it is both charged and
proved.if it is not charged although proved ,or if it is not proved although
charged the accused cannot be convicted thereof.

7. May the accused be convicted if the offense proved varies with the offense charged?

ANSWER:

NO.Same offense test is applied.

8. During pretrial conference in a criminal action, may jurisdiction of the court be

ANSWER:
Stipulation is merely an agreement between parties must be in writing and signed
by the judge and Pre-trial is MANDATORY in all criminal cases, In Art.2
Arraignment and Pre-Trial Motion to quash or /dismiss only on the following two
 FINAL EXAM | CRIMPRO -- PAGE 2 --

2 grounds Lack of Jurisdiction over Subject matter and non referral to the
barangay .conciliation process.

9. Is discovery of new evidence a ground for a re-opening of a dismissed criminal action?

ANSWER:
Under Section 1 Rule 37 of the Rules of Court the requisites for newly
discovered evidence as a ground for new trial are evidence was discovered after
the trial, such evidence could not have been discovered or p[roduced at the
trial with reasonable deligence and that is material.

10.State the Neypes Rule and its applicability in criminal cases.

ANSWER:
The court modified the rule in civil cases on the counting of the 15 day period
within which to appeal.The court categorically set a fresh period of 15 days
from a denial of a motion for reconsideration within which to appeal .The
supreme court may promulgate procedural rules in all court.

11.What are the advantages of securing a leave before filing a demurrer to evidence in
criminal actions?

ANSWER:
If the court denies the demurrer to evidence filed with leave of court the
accused may adduce evidence in his defense .and when the demurrer to evidence
is filed without leave of court the accused waives the right to present evidence
and submits the case for judgment on the basis of evidence for the prosecution.
 FINAL EXAM | CRIMPRO -- PAGE 2 --

12.Is presence of the accused required in all stages of the proceedings? Is his failure to
appear during rebuttal stage a ground for declaring a trial in absentia?

ANSWER:
Trial in absentia is only allowed only after arraignment.There can be NO
arraignment in Absentia(Accused must personally enter his plea.)

13.What is res judicata in prison grey?

ANSWER:
Under section 3 Rule 117 of the rules of criminal procedure if there is a splitting
of a single crime the remedy of the accused is to file a motion to quash
information on the ground of double jeopardy which is the counter part of res
judicata in civil procedure.thats why double jeopardy also known as res judicata
in prison grey.

14.Distinguish motion to withdraw Information from motion to dismiss a criminal

ANSWER:
 FINAL EXAM | CRIMPRO -- PAGE 2 --

15.When may an order of provisional dismissal of the criminal complaint with the express
consent of the accused be deemed an acquittal for purposes of determining whether the
action may still be revived?

ANSWER:

16.When does jeopardy attach?

ANSWER:
First time in a legal proceeding at which courts legally recognized the accused
has been put in jeopardy of life or limb as intended by the 5th Amendment.

17.May the RTC convict the accused who was charged with attempted murder only with
slight physical injuries?

ANSWER:

18.Is failure to invoke a ground for a motion to quash deemed waiver of the right to move
for the quashal of the complaint or information on such ground after arraignment?

ANSWER:
 FINAL EXAM | CRIMPRO -- PAGE 2 --

19.May private complainant appeal from a judgment of acquittal of the accused?

ANSWER:
In criminal cases ,the acquittal of the accused or dismissal of the case against
him can only be appealed by the Solicitor General acting on behalf of the
State.The private complainant or the offended party may question such acquittal
or dismissal only in so far as the civil liability of the accused is concerned.

20.In cases governed by summary rules, may the accused move to quash the complaint or
information?

ANSWER:
Yes at any time before entering his plea the accused may move t o quash the
complaint or information. Hence, in summary procedure considering that
jurisdiction is conferred by law and the case filed is grave threats which is
within the jurisdiction of the said court and considering further that the motion
to quash is Prohibited (pleading) the motion to quash filed by the accused
counsel id DENIED.

PART II ON NEXT PAGE

PART II:

Problem:

Akusado, Butangero and Kawatero were charged before the Office of the City
Prosecutor with Attempted Homicide for having allegedly stabbed Reklamador in the
evening of December 31, 2020. The complaint was filed on January 3, 2021 without first
referring the matter to the Barangay Lupon even as the incident happened in the same
Barangay where the parties live.

After conducting the preliminary investigation, the investigating prosecutor found

Question 1:

May the judge issue warrants for the arrest of Akusado, Butangero and Kawatero?

ANSWER:
Yes

Question 2:

May the accused Akusado, Butangero and Kawatero file a Motion to Quash the
Information considering that said Motion is prohibited under the Expedited Proceedings for
First Level Courts?

ANSWER:
NO
 FINAL EXAM | CRIMPRO -- PAGE 2 --

Question 3:

Assume that Akusado failed to file Counter-Affidavit as required by the judge and as
required the Rules on Summary Procedure, may Akusado be be allowed to present evidence
for his defense?

ANSWER:
NO

Question 4:

Assume that Akusado pleaded guilty to the offense charged while Abusado and
Kawatero fought their case and were acquitted. Would Akusado benefit from their
acquittal?

ANSWER:
NO

Question 5:

Assume that the three accused were found guilty of the offense charged. Akusado did
not appeal from the judgment and instead applied for probation while Butangero and
Kawatero appealed. On appeal, the RTC reversed the judgment and acquitted Butangero
and Kawatero after finding that they did not commit the offense. Will the acquittal of the
two accused benefit Aksado?

ANSWER:
NO

Question 6:
 FINAL EXAM | CRIMPRO -- PAGE 2 --

Assume that all accused pleaded not guilty and went on trial. During the trial, the
court found out that the stabbing was in fact attended with an intent to kill. May the court
convict them with Attempted Homicide?

ANSWER:
YES since one of the element is present and negotiated.

Question 7:

Assume that, during arraignment, all three accused pleaded guilty to the offense
charged of Slight Physical Injuries and served in jail the sentence. Two weeks after they
were released, Reklamador died because of implications on the stabbing wounds he
sustained. Because of his death, the father of Reklamador filed a new complaint for
Homicide with the prosecutor’s office. The three accused questioned the new complaint
claiming that they are twice put in jeopardy. Notwithstaning their arguments, the prosecutor
filed an Information for Homicide in the RTC. Did the prosecutor commit a reversible
error?

ANSWER:

Question 8:

Let us say that nobody actually saw the actual stabbing incident and that the
prosecution relies merely on circumstantial evidence. Akusado however offered to the
prosecution to testify against his co-accused as state witness. Is he qualified? If so, what the
procedure to discharge him as state witness.

ANSWER:
 FINAL EXAM | CRIMPRO -- PAGE 2 --

Question 9:

If, after trial the three accused are acquitted, may Reklamador or the prosecutor
appeal from the said judgment?

ANSWER:
YES

Question 10:

May the court properly convict the three accused of the offense charged (Slight
Physical Injuries) considering that the Information was filed more than sixty days from the
commission of the offense and the casewas not previously referred to the Barangay?

ANSWER: