Differentiate Criminal Law and Criminal
Procedure as to Nature, Purpose and Subject
Matter
What are the systems of criminal procedure?
Define each.
Accusatorial vs. Inquisitorial; Role of Court,
Reception of Evidence
How should the Rules on Criminal procedure be
construed? (ROC, Rule 1, Sec. 6)
What is the rule of due process in criminal
proceedings? (Alonte vs. Savellano Jr.)
What are the requirements of Due Process in
Criminal Proceedings?
What is Criminal Jurisdiction? (People vs.
Mariano)
What are the requisites for a Valid Exercise of
Criminal Jurisdiction?
Explain “Jurisdiction over the subject matter”
(Reyes vs. Diaz)
Explain “Jurisdiction over the territory where
crime was committed” (Uy vs. CA). Exception?
How is “Jurisdiction over the person of accused”
acquired?
What is the GR in “Jurisdiction over the person of
accused”? Exception?
“Jurisdiction over the subject matter” vs.
“Jurisdiction over the person of accused” as to
Nature, How acquired and Objection
How is “Jurisdiction over the subject matter”
conferred? (Foz Jr. vs. People)
How is “Jurisdiction over the subject matter”
determined?
What is the rule in statutes applicable to a
criminal action?
How is imposable penalty determined? (People
vs. Lagon)
In People vs. Purisima, how is jurisdiction of the
court determined?
What is the Principle of Adherence of
Jurisdiction?
What is the general rule in the principle of
adherence of jurisdiction? Exceptions?
What is the general rule in objections to
jurisdiction? Exception?
Explain the operation of estoppel on the question
of jurisdiction (Magno vs. People)
Enumerate criminal jurisdiction of MTC, MeTC
and MCTC
Enumerate criminal jurisdiction of RTC
Enumerate criminal jurisdiction of family courts
Enumerate criminal jurisdiction of
Sandiganbayan
When is an offense deemed committed ‘in
relation to public office’. Explain what is
controlling.
What are the exemptions in offense deemed
committed in relation to public office?
Enumerate jurisdiction of CTA
Explain jurisdiction in (1) Complex Crimes (2)
Continuing Crimes (3) Crimes punishable by
Destierro
In Katarungang Pambarangay what is the GR in
pre-requisite to filing of complaint in court?
Exceptions?
What is a Criminal Action? (ROC, Rule 1, Sec
3(b))
How is criminal action instituted for offenses
where a preliminary investigation is required
pursuant to Rule 112, Sec. 1? (Rule 110, Sec 1
(a))
How is criminal action instituted for all other
offenses? (Rule 110, Sec 1 (b))
Explain the rules under Rules of Summary
Procedure in filing of criminal cases falling
within its scope.
What does Sec. 11 Rules of Summary Procedure
provides?
Criminal Action vs. Criminal Prosecution; How
instituted, Effect of institution
What is the effect of institution of criminal
action?
What is the effect of institution of proceedings in
special laws as to period of prescription? (People
vs. Pangilinan) What is the date should it run?
(Zaldivia vs. Reyes)
Explain the rule on suspension of prescriptive
periods of cases falling under the authority of the
Lupon?
What are the remedies of the offended party if
the prosecutor refuses to file an Information?
Explain how mandamus compel prosecution
(Metropolitan Bank and Trust Co. vs. Reynaldo)
May injunction be issued to restrain criminal
prosecution? GR? Ex?
What are the common requisites as to the form
of Complaint and Information? (Sec 2, Rule 110)
Why is the People of the Philippines named in a
complaint or information? (Ricarze vs. CA)
Define a Complaint (Sec 3, Rule 110)
What are its requisites?
A complaint presented by a private person when
not sworn to by him is ___. Why? (Ppl vs.
Historillo)
The Complaint filed with the prosecutor’s office
frim which the latter may initiate a preliminary
investigation refers to:
Who can file a complaint?
What is an Information (Sec. 4, Rule 110)
What are its requisites?
Who are authorized to file an Information?
What is the effect if there is an infirmity in the
information? (Miaque vs. Patag)
Differentiate Complaint and Information;
Subscription, Where filed, Necessity of Oath,
Scope
Who must prosecute criminal actions? (Sec. 5,
Rule 110)
The institution of criminal action depends on __.
But when already filed in court it can no longer
be ___. Which has the effect of ___. (Crespo vs.
Mogul)
What are the conditions for a Private prosecutor
to prosecute criminal action?
Only the __ may bring or defend actions in behalf
of RP before SC and CA except:
Instance where prosecution is by a special
prosecutor
Who supervises and controls the prosecution of
government related cases?
What are the matters falling within the control
and discretion of the prosecution?
What are the matters within the control of the
court after the case is filed?
What are private crimes? (People vs.
Yparraguire) What is the proper term for it?
Prosecution in the RTC is always commenced by
INFORMATION except in:
What is the rule in prosecution of concubinage
and adultery?
What is the rule in prosecution of Seduction,
Abduction and Acts of Lasciviousness?
What is the rule in giving pardon in Seduction,
Abduction and Acts of Lasciviousness?
What is the rule in prosecution of defamation
imputing to a person of concubinage, adultery,
seduction, abduction or acts of lasciviousness?
What is the difference of pardon and consent
What is the effect of subsequent marriage in
criminal prosecution? Exceptions?
What is the effect of acquittal or death of one of
the accused in the crime of adultery? (People vs.
Topino)
What is the effect of desistance of the
complainant in criminal prosecution? (People vs.
Amaca)
What are the contents of a valid complaint or
information? (Sec. 6, Rule 110)
What is the purpose of the rule laid in Sec. 6,
Rule 110?
What is the criteria for the sufficiency of an
indictment?
What is the rule if there is ambiguity in the
accusation? GR? Ex?
What is the purpose of the rule laid in Sec. 7,
Rule 110?
What are the rules in stating the name of the
accused?
What is the effect of a mistake of name of the
accused?
What is the purpose of the rule laid in Sec. 8,
Rule 110?
What are the designations required in a
Complaint or Information?
How does allegations prevail over the
designation of the offense in the information?
(People vs. Samillano) Why does it prevail?
(People vs. Dimaano)
Can the accused be convicted of a crime more
serious that that named in the title or the
preliminary part? Why/not? (Buhat vs. CA)
An accused cannot be convicted under one act
when he is charged with a violation of another if
the change from one statute to the other
involves:
What is the general rule in Sec. 9, Rule 110
Exception?
What is the rule on allegation of qualifying and
aggravating circumstance?
What is the rule on allegation of aggravating
circumstance of habitual delinquency?
What is the rule on allegations for conviction of
qualified rape?
What is the general rule on negative averments?
Exception?
What is the rule of criminal prosecution on
complex crimes?
What is the purpose of the rule laid in Sec. 10,
Rule 110?
What is the general rule in Sec. 10, Rule 110?
Exception?
What is the general rule in Sec. 11, Rule 110?
Exception?
In case of offenses against property, what is the
rule in the designation of the name of the
offended party? (Sayson vs. People)
What are the rules when the offended party is a
juridical person?
What is duplicity of offense? (Sec. 13, Rule 110)
What is its purpose? (Ppl vs. Ferrer)
What is the general rule in duplicity of offense?
Exception?
What is the test to determine if there is duplicity
of offense? (Blockburger vs. United States)
What are the requisites of continuing crime?
What is the principle of absorption?
Can Mala in Se felonies absorb Mala prohibita
crimes? (Loney vs. People)
Explain waiver in duplicity in offense
When is splitting of case not allowed?
What is an amendment?
What is the nature of an amended information?
Kinds of amendment. Define each.
What are the instances when an amendment is in
form?
What are the instances when an amendment is
substantial?
Rules on amendment before plea? Why such
rule?
Rules on amendment after plea?
What is the Doctrine of Supervening Event?
What is the test for propriety of Amendment
after plea?
Why can there be no substantial amendment
after the plea?
What are the requisites for Double Jeopardy (Sec
7, Rule 117)
When is substantial amendment after
arraignment allowed? Why?
What is Substitution? (Carmelo vs. People)
What are the limitations to the rule of
substitution?
Amendment vs. Substitution; Applicability,
Scope, Necessity of Leave of Court, Necessity of
another preliminary investigation, Applicability
of Rule on Double Jeopardy
When the offense proved is less serious than and
is necessarily included in the offense charged, to
what crime shall be the defendant convicted?
When the offense proved is more serious than
and included the offense charged, to what crime
shall be the defendant convicted?
When the offense proved is neither included in
nor does it include, the offense charged and is
different therefrom, what should the court do?
Where should the criminal action be instituted?
(Sec. 15, Rule 110)
What is the two-fold reason for the rule in Sec.
15, Rule 110?
What is the GR as to where the criminal action
should be instituted? Exceptions?
Can the offended party file the criminal case for
online libel in the place where he gained access
to the libelous article published over the
Internet? Explain.
What is the GR in the intervention of the
offended party in criminal action? (Sec. 16, Rule
110) Exceptions?
What is the GR in the institution of criminal and
civil actions? Exceptions? (Sec. 1, Rule 112)
When should the reservation for institution of
civil action be made? Why?
What are the instances where reservation to file
the civil action separately shall not be allowed?
Is there an instance where a separate proceeding
for the recovery of civil liability arising from
violation of BP 22 is allowed? When?
If the judgement did not provide for the award of
civil damages, the judge may ___. (Padilla vs. CA)
Rules on filing fees of civil action deemed
instituted with the criminal action (Sec. 1, Rule
111)
Why is BP 22 exempted in filing fees?
Where shall be the filing fee of an estafa case be
based?
What claims are not allows in a criminal
proceeding? What will happen? Why?
Explain compromise on civil aspect (Republic vs.
Sandiganbayan)
Why is criminal liability for estafa not affected by
compromise or novation of contract?
What is the rule in suspension of separate civil
action? (Sec. 2, Rule 111) Exceptions?
What is the rule in consolidation of criminal and
civil cases?
Extinction of the penal action does not carry with
it the extinction of the civil action unless ____
(Rilon vs. Rilon)
The extinction of civil liability refers exclusively
to civil liability arisig from __. What happens to
civil liability arising from other sources of
obligation?
What happens to civil action where the criminal
case was dismissed before trial because the
offended party executed an affidavit of
desistance?
Explain the rule in enforcement of employer’s
civil liability
Enumerate instances when the extinguishment
of the criminal liability results in the
extinguishment of the civil liability
Enumerate instances when the extinguishment
of the criminal liability does not result in the
extinguishment of the civil liability
What are the consequences of the independent
character of the actions under Arts. 32, 33, 34
and 2176 of the NCC
What does Arts. 32, 33, 34 and 2176 of the NCC
imply? What are their purposes?
Explain the effect of death in civil actions (Sec. 4,
Rule 111)
What does Section 4 of Rule 111 provides?
What is the rule in suspension by reason of
prejudicial question? (Sec. 6, Rule 111)
What is a prejudicial question? (People vs.
Consing)
What are the elements of a prejudicial question?
(Sec. 7, Rule 111)
What is the test to determine the existence of a
prejudicial question? (Yap vs. Paras)
When to file the petition for suspension by
reason or a prejudicial question?
Where to file petition for suspension by reason
of prejudicial question?
What is a preliminary investigation?
Preliminary investigation is merely ___. It is often
the only means of ___. (Bautista vs. CA)
The presence of the accused or offended party is
__ in the investigation.
What is the general rule in conducting
preliminary investigation? (Sec. 1, Rule 112)
Exception? (Sec. 6, Rule 112)
What are the instances when preliminary
investigation may be asked by the accused?
What are the purposes of preliminary
investigation?
Is preliminary investigation a personal statutory
right? Explain. (Go vs. CA) Why? (Duterte vs.
Sandiganbayan)
When is the right to preliminary investigation
deemed waived?
When is the right to preliminary investigation
deemed not waived?
What is the effect of absence of preliminary
investigation?
What are the remedies of the accused if there
was no preliminary investigation?
If the investigator dismissed the case due to
error in the preliminary investigation what will
happen? (Flores vs. Montemayor)
What does due process demands in preliminary
investigation? (Matalan vs. Sandiganbayan)
What is the difference between preliminary
investigation and inquiry? Nature, purpose and
who may conduct?
Who are persons authorized to conduct a
preliminary investigation? (Sec. 2, Rule 112)
What is the scope of their authority?
Cite the rule in preliminary investigation as to
offenses falling within the jurisdiction of
Sandiganbayan
What does Rules of Procedure of the Office of the
Ombudsman, Rule 2, Sec. 4 provides?
What is the authority of the Ombudsman?
What is the scope of the Ombudsman’s
jurisdiction in preliminary investigation?
What are the guidelines to be observed in the
investigation and prosecution of cases against
public officers and employees?
What powers do the Ombudsman don’t have?
What is the authority of the PCGG? (Cruz vs. CA)
What are the effects of an incomplete
preliminary investigation?
The court __ compel the prosecutor by __ to
conduct _ as it is his __ duty. However the court __
compel the prosecutor by __ in the __ during a
preliminary investigation as it is his __.
(Angchangco vs. Ombudsman)
What is the authority of the COMELEC? (RA
9369, Sec. 43)
Explain the procedure in preliminary
investigation (Sec. 3, 4, 5, Rule 112)
What is the difference between complaint for
preliminary investigation and complaint for
instituting a criminal prosecution?
Why is a complaint need to be sworn under
oath?
What will happen if the respondent cannot be
subpoenaed?
The respondent in a complaint is not allowed to
file __ in lieu of a counter-affidavit and also has
no right to __.
What are the rights of the respondent during
preliminary investigation?
Is the respondent in a preliminary investigation
entitled to be furnished with the counter-
affidavit of his co-respondents? (Estrada vs.
Office of the Ombudsman)
Is the respondent required to be present in a
preliminary investigation? Explain answer.
(Mercado vs. CA)
What will happen if the investigating prosecutor
finds cause to hold respondent for trial? (Sec. 4,
Rule 112)
What are the contents of certification of
preliminary investigation?
No complaint or Information may be filed or
dismissed by an investigating prosecutor w/o _.
What are the effects of exclusion of other
persons from the information?
What is the effect if the information is filed by
someone not authorized by law? (Ppl vs. Garlin)
What is will happen if the determination in PI is
done by assistant fiscal or prosecutor?
Can a respondent appeal to Secretary of Justice?
How? (DOJ Circular No. 70, July 3, 2000)
What can the secretary of justice do in case of
appeal?
What is the effect of allowing the DOJ to take
cognizance of the appeal on the resolution?
What are the guidelines when the petition for
review was granted by the DOJ?
What are the remedies of an aggrieved party
against the resolution of the DOJ secretary?
In relation to the Roberts, Jr. Case, what are the
existing relevant rules in preliminary
investigation?
How does the appeal (in Preliminary
Investigation) to an Ombudsman work?
Where to appeal the decisions of an
ombudsman?
Who are no longer allowed to conduct
preliminary investigations? (A.M. No. 05-8-26)
What is a probable cause? (Allado vs. Diokno)
How can the probable cause be determined?
Explain rules (Ocampo vs. Abando)
What will happen if the judge finds probable
cause?
What is required for a determination of a
probable cause in a search warrant? Why?
What is the procedure in in issuing warrant of
arrest? (Sec. 5, Rule 112)
What is the rule if the judge is relying on the
fiscal’s certification of a probable cause?
Executive determination vs Judicial
determination of probable cause; Rationale,
function, purpose
Explain executive determination of probable
cause (People vs. Castillo)
Explain judicial determination of probable cause
(Leviste vs. Hon. Alameda)
Explain the determination of probable cause
based on a hearsay evidence (Estrada vs.
Bersmin)
What is the effect of absence of a probable cause?
(People vs. Sandiganbayan)
What will happen if the judge clearly fails to
determine probable cause to support the
issuance of a warrant of arrest?
What is the consequence of the refusal of the
prosecutor to present additional evidence when
the judge requires?
Is the prosecutor required to assist the judge in
determining probable cause in the issuance of
the warrant of arrest?
Is the judge required to read the entire records
of the case in determining probable cause?
Why/not? (Ho vs. People)
What are the instances when a warrant of arrest
is not necessary? (Sec. 6, Rule 112)
What is the remedy of the accused who believes
that there is no probable cause to hold him for
trial?
Explain the rules in reinvestigation (Velasquez
vs. Toquerro)
What is the limit of the power of a trial court
judge in reinvestigation?
Municipal judge may issue arrest warrant before
conclusion of preliminary investigation if:
What is the rule now in the power of the
investigating judge? (Flores vs. Sumaljag)
What is an inquest? (DOJ Circular, Sept 21, 1993)
Explain Sec. 6, Rule 112
What is the process of an inquest proceeding?
What does Art. 125 of the RPC provides? What is
its relation to inquest proceedings?
What are the two situations contemplated in Sec.
6, Rule 112?
Is the 5-day period in inquest proceedings
mandatory? What is the effect if not followed?
(People vs. Figueroa)
When is the 5 day period in inquest proceedings
computed from if the information was amended
without a new preliminary investigation?
What is the effect in inquest proceedings if the
trial court has granted a motion for
reinvestigation?
To what does the rule in Sec. 6, Rule 112 doesn’t
apply? (Go vs. CA)
Explain the rules in the right to bail pending
preliminary investigation (People vs. CA)
Explain fully Section 18 of Human Security Act of
2007
Explain Sec. 7, Rule 112
What are the cases not requiring a preliminary
investigation nor covered by the rule on
summary procedure? (Sec. 8, Rule 112)
For cases under the Revised Rules on Summary
Procedure, no warrant shall be issued except:
What is the rule applicable if the complaint filed
is involving an offense of < prision mayor?
What rule shall be observed if the complaint is
filed with the MTC?
The judge may issue __ instead of warrant of
arrest if he is satisfied that ___.
What does searching questions and answers
mean? (Marinas vs. Slochi)
What conditions must concur for the issuance of
Warrant of Arrest?
Define arrest (Sec. 1, Rule 113)
What does arrest signify?
Why are invitations not arrests? (Babsts vs. NBI)
What are the modes of arrest?
Who may issue a warrant of arrest? (Sec. 2, Art.
3, 1987 Constitution)
Why can BID Commissioner may issue warrant
of arrest? (Harvey vs. Santiago)
What is a probable cause? (Ocampo vs. Obando)
Explain the extent of “personal determination by
the judge of the existence of a probable cause”
In determining the existence of a probable cause,
the judge is never allowed to do what?
(Borlongan vs. Pea)
Kinds of determination of a probable cause.
Explain each.
Preliminary Inquiry vs. Preliminary investigation
Explain the necessity of a hearing in determining
the existence of a probable cause (Ocampo vs
Abando)
What is the rule if the remedy for warrant is
improperly issued? (Alimpos vs. CA)
Posting of bail does not __ (Sec. 26, Rule 114)
What are the modes of effecting arrest? (Sec. 2,
Rule 113)
No ___ or ____ shall be used in making the arrest.
The person arrested shall not be subjected to ___.
When is an officer making a lawful arrest
justified in using force to detain offender?
(People vs. Delima)
When is an officer making a lawful arrest not
justified in using force to detain offender?
(People vs. Oanis)
Upon arrest, what can be confiscated from the
persons arrested?
Explain the rule that an arrest must precede the
search. (People vs. Racho)
A duly issued warrant authorizes the proper
officer of the following (Sec. 3, Rule 113)
What are the two instances a judge issues a
warrant of arrest? (Sec. 4, Rule 113) Explain both
instances.
What is the period of effectivity of a warrant of
arrest?
May the arrest warrant continue to be in force
even though it was not served within the time
span? What are the conditions for this?
When is arrest without warrant lawful? (Sec. 5,
Rule 113) GR? Ex?
What are the requisites for in flagrante delicto
arrests?
Explain “personal knowledge” in the doctrine of
hot pursuit (People vs. Villareal)
What are the elements of the doctrine of hot
pursuit? Explain each.
What is the test of immediacy? (Go vs. CA)
When can you say a person has evaded sentence?
When are the grounds of suspicion reasonable?
(Posadas vs. Ombudsman)
What are buy-bust operations? (People vs. Sales)
Where is the idea to commit a crime in buy bust
operations originate? Elaborate (Ppl vs. Agulay)
What are the rules on illegality of arrest?
What is the rule on the time of making the
arrest? (Sec. 6, Rule 113)
The officer making the arrest shall inform the
person to be arrested of? (Sec. 7, Rule 113)
What is the duty of the officer in arresting
without warrant? (Sec. 8, Rule 114)
What is a citizen’s arrest?
What is the duty of a private person making the
arrest? (Sec. 9, Rule 113)
What does Sec. 10, Rule 113 provides?
What does Sec. 11, Rule 113 provides?
Enumerate the rights of an arresting officer
What are the requisites for an arresting officer
may validly break into buildings or enclosure?
(Sec. 12, Rule 113)
What does Article 280 (3), RPC provides?
What is the rule in arrest after escape or rescue?
(Sec. 13, Rule 113)
What is the rule laid in Sec. 14, Rule 113
What is a bail? (Sec. 1, Rule 114)
Why is there a right to bail? (Paderanga vs. CA)
What are the purposes of bail?
What is the ruling in Enrile vs. Sandiganbayan as
regards bail?
Is bail only available to persons in custody of
law? Why? (Feliciano vs. Pasicolan)
What is the difference between person in
custody of law and jurisdiction over the person?
All persons except those charged with ___ when
__, shall ___ conviction, be bailable by sufficient
sureties or be released on recognizance as may
be provided by law. The right to bail shall not be
___ even when ___. (Sec. 13, Art. 3, CONST)
Explain everything in the right to bail in
extradition proceedings
What is the standard of proof required in
granting and denying bail in extradition
proceedings
Explain bail in deportation proceedings
Persons under custody of military courts are not
entitled to bail. Why?
What are the forms of bail?
What is the difference of bail bond and
recognizance?
When are prosecution witnesses be required to
post bail?
Why is requiring arraignment before granting
bail not valid? (Sec. 2, Rule 114)
What are the requirements and conditions of
bail? (Sec. 2, Rule 114)
What happens to the standing in court of an
accused if he escapes from prison or jumps bail?
(Republic vs. Agbulos)
The surety’s liability covers all these three
stages:
What will happen if the accused presents his
notice of appeal? If he does not appeal?
In what period can the bail bond previously
posted by the accused be used? When can it not
be used?
Under the present rule, what is necessary for the
accused to continue his provisional liberty on the
same bail bond? (Maggudatu vs. CA)
The trial court may impose other conditions in
granting bail where ___. (Almeda vs. Villaluz)
However the court may not imposed additional
obligations upon the ___. What should be the limit
of the obligation of the bondsman? (Bandoy vs.
CFI)
What is the effect of filing a fake bail bond?
(People vs. Del Rosario)
What condition of the bail operates as a valid
restriction on the accused’s right to travel?
(Manotoc Sr. vs. CA)
No person under detention by ___ shall be __ or __
except upon __ or when __. (Sec. 3, Rule 114)
When is a bail a matter of right? (Sec. 4, Rule
114)
When is a bail hearing not necessary? Why is not
necessary? When is it necessary?
When is notice of hearing required?
Explain how the accused who absconded after
posting bail does not lose his right to bail.
What is the remedy of the court to discourage
jumping bail? (Sec. 20, Rule 114)
When is bail discretionary? Who owns
discretion? (Sec. 5, Rule 114)
If the accused is convicted by the RTC of a crime
with a penalty of not more than six years
imprisonment, bail is ___.
In order to grant bail as a matter of discretion
what should be required?
Upon conviction of the RTC, the bail posted
earlier as a matter of right will?
When bail should not be granted?
Where to file bail upon conviction by the RTC of
an offense not punishable by death, reclusion
perpetua or life imprisonment?
What is a capital offense? (Sec. 6, Rule 114)
What will happen if the law at the tie of the
commission does not impose the death penalty?
What will happen if the law at the time of the
application for bail has amended the prior law
which imposed the death penalty?
What is the rule of bail in capital offense? (Sec. 7,
Rule 114) Is there an exception?
Why is capital offense not bailable?
Test to determine if evidence of guilt is strong
What is the meaning proof evident or evident
proof?
When does presumption great exist?
Even though there is reasonable doubt as to the
guilt of the accused, if on examination on the
entire record the presumption is great that
accused is guilty of a capital offense, bail should
be ___ (People vs. Cadral)
For purposes of recommending the amount of
bail, the privileged mitigating circumstance of
minority shall be __.
RA 9344 ___ sentence of persons convicted of an
offense while they were below 18 but above 15
who ___.
Persons below 18 and above 15 who acted with
discernment only ___ may attach. What about 15
under?
How is the capital nature of the offense
determined? (Bravo Jr vs. Borja)
The hearing should be ___ or otherwise in the
discretion of ___. The burden of proving that the
evidence of guilt is strong lies with the ___.
(Comia vs. Antona); (Sec. 8, Rule 114)
What are the rules when bail application is filed?
What is the procedure of bail hearing in offenses
punishable by death, reclusion perpetua, or life
imprisonment?
The evidence presented during the bail hearing
are considered ___, but upon motion of either
party the court may ___. (Sec. 8, Rule 114)
The determination of the weight of the evidence
is discretionary upon the ___ and its outcome
cannot be
What will happen if bail is denied by the court?
(People vs. Magallanes)
What are the factors to be considered in fixing
reasonable amount of bail? (Sec. 9, Rule 114)
Is excessive amount of bail allowed?
Is it subject to appeal?
What is the rule in corporate surety? (Sec. 10,
Rule 114)
What will happen to the bondsman or surety
once the obligation of bail is assumed? (Reliance
Surety vs. Amante)
What is a property bond? (Sec. 11, Rule 114)
How is property bond posted? (Sec. 11, Rule
114)
What are the qualifications of sureties in
property bonds? (Sec. 12, Rule 114)
In all cases, every surety must be worth ____.
Why is Philippine residency required of a
bondsman?
Before accepting a Surety or Bail Bond, the
following requisites must be complied with: (Sec.
13, Rule 114)
What is the purpose of requiring the affidavit of
qualification by the surety?
Who are the persons to whom the cash bond
may be deposited? (Sec. 14, Rule 114)
Is a judge authorized to receive deposit of cash
as bail? (Agulan vs. Judge Fernandez)
What is to be submitted to release the accused
without need of court order?
The money deposited shall be considered as
what? What will happen to the excess?
Can the trial court reject acceptable sureties and
insist a cash bond? (Almeda vs. Villaluz)
What does recognizance mean? (People vs.
Abner)
May the release of the accused be on his own
recognizance? If yes, what does this mean?
What are the instances where the accused may
be released W/O BAIL BUT IN RECOGNIZANCE
OF ANOTHER?
What are the instances where the accused may
be released ON REDUCED BAIL OR ON HIS OWN
RECOGNIZANCE?
What are the instances where the accused may
be released under the revised rules on summary
procedure?
What are the exceptions to release in
recognizance under RA 6036?
Where is bail filed? (Sec. 17, Rule 114)
A judge presiding in one branch has ___ to grant
bail to an accused who is being tried in another
branch presided by another judge who is _ or _,
and his act of releasing him on bail constitutes
___ which subjects him to __. (Barber vs. Dumlao)
In ___, reasonable notice of hearing is required to
be given to the __ or atleast __ (Chin vs. Gustilo)
Why Is the notice of hearing required to be given
to the prosecutor? (People vs. Raba)
A warrant of arrest without recommendation for
bail is a violation of __ unless __ (Miguel vs.
Maceda)
What is the rule on release on bail? (Sec. 19, Rule
114)
What is the rule in increase or reduction of bail
(Sec. 20, Rule 114)
What will happen if an accused out on bail did
not appear to the court requiring his presence?
(Sec. 21, Rule 114)
Can the 30-day period granted to the bondsman
to comply for the order of forfeiture be
shortened? Extended?
Judgment against the bondsmen cannot be
entered unless ___.
What is an order of forfeiture? (Mendoza vs.
Alarma)
What is the difference of order of forfeiture vs.
Order of Confiscation?
When can bail be cancelled? (Sec. 22, Rule 114)
What are the methods by which sureties may
relieve themselves from responsibilities?
An accused released on bail may be re-arrested
without a warrant if ___
How can bondsmen prevent accused from
leaving the country? (Sec. 32, Rule 114)
When can a hold-departure order be issued?
Hold-departure order vs. Watchlist order
When to allow departure orders?
What is the rule for bail after final judgement?
Exception? Ex to exception? (Sec. 24, Rule 114)
What if the confinement of the accused would be
detrimental or dangerous to his health, can he
post bail even after final judgment?
Explain the rule in court supervision of detainees
(Sec. 25, Rule 114)
An application for or admission to bail shall not
bar the accused from challenging:
Provided that ___.
What are the elements of criminal due process?
What are the rights of the accused at the trial?
(Sec. 1, Rule 115)
The right to be presumed innocent is a ___ right.
In all criminal prosecutions, the accused is
presumed innocent until ___.
Why is there a right for presumption of
innocence? (People vs. Dramayo)
What is a reasonable doubt?
What is an equipoise rule? (People vs. Erguiza)
The rules or the aw may provide for a
presumption of guilt which is only ___. At no
instance can the accused be denied the right to
rebut the presumption (Hizon vs. CA)
What are the different means of informing the
accused of the charge?
What is the general rule in the right to be
informed of the nature and cause of accusation
against accused? Exception?
What is controlling, description or designation of
offense? What may happen in case of error in the
designation?
What is the general rule in the right to be present
and defend in person and by counsel at every
stage of the proceeding of the accused?
Exception?
Is the right to be to be present and defend in
person and by counsel applicable in SC and CA?
Explain. (Sec. 9, Rule 124)
Accused may or may not waive his right to be
present during trial? When can his presence be
compelled? (Aquino vs. Military Commission)
What are the requirements for waiver of the
right to be present during trial?
What are the effects of waiver of the right to
appear by the accused?
What happens in trial in absentia?
Is waiver of the right to appear means a release
in obligation under the bond? Explain. (Carredo
vs. People)
What are the requirements for trial in absentia?
An escapee who has been duly tried in absentia
waives his right to __. (Gimenez vs. Nazareno)
The right to counsel is ___ and may be invoked ___
even on ___. (Telan vs. CA)
What period does the right to counsel cover?
(People vs. Serzo)
Right to counsel is immutable, what about right
to counsel de parte?
What is the difference between the right to
counsel during arraignment and during trial?
What is custodial investigation?
What is the difference of the right to counsel
during trial and during custodial investigation?
Waiver of right to counsel must be made with ___.
Specifically in the following: (Sec. 12, Art. 3)
What are the requisites for the validity of an
extrajudicial confession?
The accused has the right to be informed in a ___,
of his rights to remain __ and to have a ___ and ___
counsel, preferably ___, who shall all times be
allowed ____.
Explain “preferably of his own choice” in the
right to counsel
When does the right to remain silent and counsel
ceases? (People vs. Maqueda)
The duty of the court to appoint a __ when the
accused has no legal counsel of choice and
desires to employ the services of one is
mandatory only at ____.
What is the rationale behind the accused’s
constitutional right to counsel? (Gamas vs. Oco)
What is the rule in the waiver of the right to
counsel? (US vs. Kilayko)
What is the consequence of denial of right to
counsel? (Sps. Telan vs. CA)
An accused is allowed visits by or conferences
with:
What is the consequence of violation of custodial
rights?
What is the consequence of obstruction/
prevention/ prohibition of right to visits of an
accused?
Does provisions on custodial investigation apply
to spontaneous statements? Explain. (People vs.
Baloloy)
Why can’t an offended party waive assistance of
counsel?
The right to testify as a witness in his own behalf
is a ___ right. And a denial of this waiver is?
What is the American rule? English rule?
Failure of the accused to testify is not taken
against him, what about failure to produce
evidence?
The right to be exempt from being compelled to
be a witness against himself is a ___ right.
What is the accused protected of in his right
against self-incrimination?
The right against self-incrimination is not self-
executing. Which means? (People vs. Ayson)
When can the right against self-incrimination be
invoked?
What is the difference between against self-
incrimination of an accused and an ordinary
witness?
What is the effect if the accused testifies in his
own behalf?
What is an incriminating question?
What is the scope covered by the right against
self-incrimination?
To what is the right against self-incrimination
applicable? (People vs. Nicandro)
What are some instances not covered by right
against self-incrimination?
Does the right against self-incrimination include
cases covered by immunity statutes? Like what?
What are the reasons for existence of right
against self-incrimination?
Why can’t DNA samples violate the right against
self-incrimination? (Herrera vs. Alba)
Before the case is filed in court what are the
rights of the accused?
After the case is filed in court what are the rights
of the accused?
What are the two types of immunity? Distinguish
each.
What is the general rule if the accused refused to
testify? Exception?
The right to confront and cross-examine the
witnesses against the accused at trial is a ___
right. Applicable to escapee?
What is confrontation?
Purpose?
Does the right to confrontation applicable in
preliminary investigation? Explain.
When is the right to confrontation deemed
waived? (People vs. Caparas)
Right to have compulsory process is a ___ right.
It’s the right of the accused to have ___or __ to be
issued in his behalf in order to compel the
attendance of the witnesses and the production
if other evidence.
If a witness refuses to testify when required is in
___. The court may order a witness to __. Purpose?
What are the processes which may be resorted
to, to compel attendance of a person in court?
The right to have a speedy, impartial and public
trial is a ___ right. Purpose?
What are the facts to be considered to determine
if right to speedy trial has been violated?
What if delay is imputable to the accused, is
there a violation of the right to speedy trial?
What are the remedies available to the accused if
the right to speedy trial is violated?
What is the effect of dismissal for violation of
accused’s right to speedy trial? (Tan vs. People)
According to the Speedy Trial Act, what is the
court’s duty after arraignment?
What is the time limit for the trial of criminal
cases? Are there exceptions?
The time limits set by the Speedy Trial Act do not
preclude ____. (Domondon vs. Sandiganbayan)
What is the period for arraignment of the
accused?
When shall trial commence after arraignment?
What is an impartial trial? (Mateo Jr. vs. Villaluz)
How to disqualify a judge on a ground of bias and
prejudice? (Webb vs. People)
What is a public trial? (Garcia vs. Domingo)
Exclusion of the public trial is valid when?
What is the rule on trial by publicity? (People vs.
Sanchez)
The right to appeal on all cases allowed by law
and in the manner prescribed by law is ___ right.
How can the right to appeal be exercised? (Phil
Rabbit Bus vs. People)
Explain the rule on waiver of the right to appeal

Reclusion Perpetua and life imprisonment cases

are brought before the court via ___ while death
penalty cases are reviewed by SC on ____. (People
vs. Rocha