EH

408 MC S.Y. 2017-2018 1st SEMESTER

[LLB 214N] [CRIMINAL PROCEDURE] [RECITATION QUESTIONS]

CrimPro recits EH 406 (2 hours) Wednesday July 12, 2017

How is a criminal action instituted?

What is the rule with regards to criminal actions instuted in Manila
or other chartered cities?
Is a direct filing with the RTC allowed? Why?
Is there a difference between a criminal action and a criminal
prosecution?
What is the effect of the institution of the criminal action in
prescriptive period in offenses?
What is the rule on prescription for violations of special laws? What
does that law say?
What happened in the case of Zaldivia v. Reyes?
Does the Zaldivia ruling still apply?
What happened in the case of Panaguiton?
What's the difference between the Panaguiton and Zaldivia case?
What happened in the case of Jadewell Corp?
What is the basis used by the SC in deciding the case? (Rules on
Summary Procedure, Sec 11)
Supposing an ordinance of Minglanilla was violated, will the
prescriptive period be interrupted if I file a complaint directly with
the MTC?
What if the ordinance violated was of Cebu City?
Will it prescribe upon the filing of a complaint directly with the
MTC?
Who must prosecute the criminal action? Why?
Is there an exception?
Can the Court order the prosecution against whom the prosecutor
does not find sufficient evidence to support at least a prima facie
case? Why?
Can the public prosecutor turn over the actual prosecution of
criminal cases to the private prosecutor? In what instances?

Compiled by O.C.L.B.
Source: J.H.D.

EH 408 MC S.Y. 2017-2018 1st SEMESTER
[LLB 214N] [CRIMINAL PROCEDURE] [RECITATION QUESTIONS]

Supposing that I am a public prosecutor and after the hearing of
the case, I go to the judge and say that I could no longer handle the
case because of my heavy work load hence, I will turn over the
prosecution of the criminal case to the direction and control of the
private prosecutor, is that valid?
Is the prosecutor allowed to make an appeal with the appellate
court?
Who is the proper party to make an appeal with the appellate
court? Is there an exception?
Can the offended party file for an appeal with the appellate court?
Supposing that an accused was charged with murder but he was
convicted and the award for damages was not determined, can the
offended party still file for an appeal with regards to the civil
aspect?
But what if he was acquitted; can you still file an appeal for the civil
aspect? Why?
What does civil liability include?
When is a private person prohibited to intervene in the criminal
proceedings?
What is an independent civil action?

Compiled by O.C.L.B.
Source: J.H.D.