Philippine College of Criminology

CRIMINAL LAW AND JURISPRUDENCE

CRIMINAL LAW AND JURISPRUDENCE 3 [ CLJ 3]

CRIMINAL PROCEDURE
TAKE HOME EXAM NO.1

ATTY. STELLA P. AGUSTIN

1st Semester, AY 2018-2019

INSTRUCTION: Write your answers in a yellow pad paper. For the Multiple Choice Question,
re-write the question in the yellow paper and write the corresponding answer in letter.
Example: A. Motive. Minus 10 for those who will not follow instructions. To be
submitted on Thursday, 21 JULY 2018. LATE SUBMISSION WILL NOT BE ALLOWED.

I. Multiple Choice (5 points each number)

1. The right of the people to be secured in their persons, houses, papers and effects
against unreasonable searches and seizure of whatever nature and purpose shall be
inviolable.

a. Due process of Law.

b. Equal Protection of Law.
c. Right Against Unreasonable Search and Seizure.
d. Right to Privacy of Communication and Correspondence.

2. The privacy of communication and correspondence shall be inviolable except upon

lawful order of the court, or when public safety and order requires otherwise as
prescribed by law.

a. Due process of Law.

b. Equal Protection of Law.
c. Right Against Unreasonable Search and Seizure.
d. Right to Privacy of Communication and Correspondence.

3. Any person under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot afford the services of the
counsel, he must be provided with one. These rights cannot be waived except in writing
and in the presence of the counsel.

a. Right to bail, liberty.

b. Equal Protection of Law.
c. Rights during custodial investigation.
d. Right to Privacy of Communication and Correspondence.

4. No person shall be twice put in jeopardy of punishment for the same offense.

a. Right to bail, liberty.

b. Rights of the Accused.
c. Rights during custodial investigation.
d. Prohibition against double jeopardy.

5. No person shall be held to answer for a criminal offense without due process of law.

a. Due process of Law.

b. Equal Protection of Law.
c. Right Against Unreasonable Search and Seizure.
d. Right to Privacy of Communication and Correspondence.

6. Once a court has acquired jurisdiction, that jurisdiction continues until the court has
done all it can do in exercise of its jurisdiction.

a. Doctrine of Res Ipsa Loquitor.

b. Principle of Falsus in Uno, Falsus in Omnibus.
 c. Principle of adherence of jurisdiction or continuing jurisdiction.
d. Doctrine of Hierarchy of Courts.

7. Jurisdiction to try a criminal action is determined by:

a. The law at the time of the arraignment of the accused.

b. The law at the time of the institution of the action.
c. The law at the time of the commission of the crime.
d. All of the above.

8. _______________ is the adjudication by the court on the guilt and innocence of the
accused and the imposition on him of the proper penalty and civil liability.

a. Arraignment.
b. Pre-trial.
c. Judgment.
d. Provisional Remedies.

9. ______________ is the formal mode or manner of implementing the constitutional right of

the accused to be informed of the nature and cause of accusation against him.

a. Arraignment.
b. Pre-trial.
c. Judgment.
d. Provisional Remedies.

10. A mandatory trial conference where matters including plea bargaining, stipulation of
facts, the marking of evidence, the waiver of objections to admissibility, a possible
modification of the order of trial and other matters that will help promote a fair and
expeditious trial of the criminal and civil aspects of the case.

a. Arraignment.
b. Pre-trial.
c. Judgment.
d. Provisional Remedies.

II. ESSAY

a. What are the rights of the accused under Sec. 14(2), Sec. 17 of the Philippine
Constitution? (6 points)
b. What are the rights during custodial investigation under Section 12, Philippine
Constitution? (4 points)
c. Distinguish Jurisdiction over the subject matter, jurisdiction over the person of the
accused and jurisdiction over the territory. (10 points)
d. Requisites for a valid exercise of Criminal Jurisdiction. (5 points).
e. Enumerate cases when a Court has jurisdiction to try offenses not committed within its
territorial jurisdiction. (5 points)
f. Rules on implied institution of the civil action. (5 points)
g. Enumerate how the court acquires jurisdiction over the person of the accused. (5
points)
h. Jose, Alberto and Romeo were charged with murder. Upon filing of the information, the
RTC judge issued the warrants for their arrest. Learning of the issuance of the
warrants, the three accused jointly filed a motion for reinvestigation and for the recall of
the warrants of arrest. On the date set for hearing of their motion, none of the accused
showed up in fear of being arrested. The RTC judge denied their motion because the
RTC did not acquire jurisdiction over the person of the movants. Did the RTC ruled
correctly? (10 points).