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1. What is criminal procedure?

[1]

It is the method prescribed by law for the apprehension and prosecution of persons
accused of any criminal offense, and for their punishment, in case of conviction.

2. What is equipoise rule?[2]

Also known as equiponderance of evidence rule. It where the evidence of the parties is
evenly balanced, the case will be resolved against the plaintiff, thus in criminal cases the
accused must be acquitted and in civil cases, the complaint must be dismissed.

3. What is the system of procedure in our jurisdiction?[3] Explain.

Mixed system where it is a combination of the inquisitorial and the accusatorial system.
It characterizes the criminal procedure observed in the Philippines.

4. What is the rule of construction of criminal procedure?[4]

The rules on criminal procedure being part of the Rules of Court shall be liberally
construed in order to promote their objective of securing a just, speedy and inexpensive
disposition of every action and proceeding (Sec 6, Rule 1, Rules of Court).

5. P, a municipal vice mayor, was convicted by the RTC for having violated RA 3019. He
appealed the decision to the Court of Appeals. The CA dismissed the appeal outright for being
a wrong mode, the correct one being to the Sandiganbayan. P filed a petition for certiorari
with the SC challenging the Order and praying that the CA be directed to forward the record
of the case to the Sandiganbayan. Do you think Ps action will prosper before the SC?[5]
Explain.

No, the action will not prosper. CA is correct. The Sandiganbayan shall exercise exclusive
original jurisdiction in cases involving violation of RA 3019 as amended (Anti-Graft and Corrupt
Parctices Act).

6. What are the requirements of due process in criminal proceedings?[6] 4 points.

1. That the court or tribunal trying the case is properly clothed with judicial power to
hear and determine the matter before it;
2. That jurisdiction is lawfully acquired by it over the person of the accused;
3. That the person is given opportunity to be heard; and
4. That judgment is rendered only upon lawful hearing

7. What is jurisdiction?[7]

It is the authority to hear and try a particular offense and impose the punishment for it.

8. Basic requisites before a court can acquire jurisdiction over criminal cases.[8] (3 points)

1. Jurisdiction over the Subject Matter


2. Jurisdiction over the Territory
3. Jurisdiction over the Person of the Accused

9. What are the exceptions to the rule that offense must be prosecuted and tried in the place
where the same was committed?[9] Enumerate.

1. Where an offense is committed on a railroad train, in an aircraft, or in any other public


or private vehicle in the course of its trip;
2. Where an offense is committed on board a vessel in the course of its voyage
3. Felonies under Article 2 of the Revised Penal Code
4. Piracy
5. Libel
6. In exceptional circumstances
7. In cases files under B.P.22
8. Where the case is cognizable by the Sandiganbayan

10. Enumerate the crimes against national security.[10]

1. Treason
2. Conspiracy and proposal to commit treason
3. Misprision of treason
4. Espionage

11. N, together with two associates, boarded MV Ozamis while the boat was in the
territorial waters of Singapore, and while already inside, they declared a robbery and killed M
and R. the crew of the vessel overpowered the three and captured them. Do you think the
Philippine Courts have jurisdiction to try the three?[11] Explain.

Yes. The crime can be prosecuted even if the criminal act or acts were committed
outside the Philippine territorial jurisdiction. However, prosecution can only proceed only if the
offender is within the Philippines or brought to the Philippines pursuant to an extradition
treaty. The offender can be prosecuted whenever he may be found because the crimes are
regarded as committed against humanity in general.

12. What are included in the crimes against national security?[12] Enumerate.

1. Inciting to war or giving motives for reprisals


2. Violation of neutrality
3. Corresponding with hostile country
4. Flight to enemys country
5. Piracy in general and mutiny on the high seas

13. What is meant by jurisdiction over the subject matter of the case?[13]

This refers to the authority of the court to hear and determine a particular criminal case.
The offense, by virtue of the imposable penalty or its nature, is one which the court is by law
authorized to take cognizance of.

14. How jurisdiction over the subject matter is determined?[14]

Jurisdiction over criminal case is determined by allegations in the complaint or


information. The elements of an offense must appear in the complaint or information so as to
ascertain which court has jurisdiction over a case.

15. How jurisdiction over the subject matter is conferred?[15]

It is conferred by law. It is the law that confers jurisdiction and not the rules.

16. How to determine jurisdiction of the court over the subject matter of the case?[16]

Jurisdiction over criminal case is determined by allegations in the complaint or information. The
elements of an offense must appear in the complaint or information so as to ascertain which
court has jurisdiction over a case.
17. What law determines the jurisdiction of the court in trying the case?[17]

The law in force at the time of the commencement of the action determines the
jurisdiction of the court in trying the case.

18. How jurisdiction over the person of the accused is acquired by the court?[18]
Explain.

The person charged with the offense must have been brought to the courts presence
for trial, forcibly by warrant of arrest or upon his voluntary submission to the court.

19. Trillo, in an Article he wrote in the Philippine Nightly Inquirer which was published
on April 5, 2014, accused Binyo of stashing cash from the coffer of Mati City, being then its
Mayor. The PNI has its principal place of business in Manila but has a nation-wide circulation.
Binyo instituted a criminal action for libel against Trillo in Mati. Do you think the case is
dismissible for want of jurisdiction by the court?[19] Explain.

No. In case of libel, the action may be instituted at the election of the offended party in
the province or city:

a) where the libelous article is printed;


b) if one of the offended parties is a private individual, where said private party actually
resides at the time of the commission of the offense;
c) if the offended party is a public official, where the latter holds office at the time of the
commission of the offense.

20. The allegations in the Information show that Bart killed Trab in Baroy, Lanao del
Norte. During the trial, it was proved that the killing actually took place in Tubod, Lanao del
Norte. The court dismissed the case, even without a motion. Was the court correct?[20]
Explain.
21. Tin, the municipal mayor of X, shot and killed Swert after a heated argument while
Tin was in his coconut plantation one early Sunday morning. A case of murder was filed
against him with the Sandiganbayan. Sandganbayan issued warrant for the arrest of Tin. Was
the Sandiganbayan correct?[21] Explain.
22. C, city mayor of a city in Negros Occidental, was charged with the crime of violation
of RA 3019. A case was filed in the Sandiganbayan and the said court ordered that trial be
held in Manila, although there was no order from the SC for the transfer of venue of trial.
Was the Sandigan correct?[22] Explain.
23. A case of murder was filed against J. J filed a motion to quash but the court denied
it. J went to the CA praying for the issuance of TRO against the court. The CA granted TRO.
Was the CA correct?[23] Explain.
24. What are the exceptions to the rule as you answered in the immediately preceding
problem?[24]
25. What do you understand by the phrase principle of adherence of jurisdiction or
continuing jurisdiction?[25]