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SECTION III-B Set B

USST Colleges Department of Criminology Criminal Procedure III-A, B, C 1st Semester, A.Y. 2013-2014 FINAL EXAM 17 OCTOBER 2013 [SET B] Score: Part I - ___________ Part II - __________ Part III - _________ TOTAL: ___________

BY SIGNING YOUR NAME BELOW, YOU ATTEST THAT YOU READ THE INSTRUCTIONS AND THAT YOU WILL NOT CHEAT NOR AID YOUR CLASSMATE IN CHEATING ON THIS EXAM, AND THAT YOU UNDERSTAND THAT IF YOU ARE FOUND DOING SO, YOU MAY BE SUSPENDED OR EXPELLED FROM USST COLLEGES. NAME OF STUDENT: _________________________________________ SIGNATURE: _________________________________________

PART I. MULTIPLE CHOICE (3 points each) Read the facts carefully. Based on the facts given, choose the best answer. Write the letter of your answer in the blank provided. FACTS (Nos. 1-5):
Upon an Information filed with the Metropolitan Trial Court of Makati City, Accused Mr. Manilymille Melegriban was charged with homicide (punishable by reclusion perpetua to death) and unjust vexation alleged to have been committed in Tarlac City.

_______ 1.) The prosecution believes that the accused Melegriban should be charged with murder instead. The prosecution should: a.) b.) c.) d.) e.) File a motion to quash. File a motion for new trial. File an appeal. All of the above None of the above

_______ 2.) When should a Motion to Quash be filed:

a.) b.) c.) d.) e.)

Any time before accused Melegriban enters his plea. Within five (5) days after his arraignment. Ten (10) days after the case has been set for trial. All of the above None of the above

_______ 3.) The legal remedy of a Motion to Quash is available to: a.) b.) c.) d.) e.) The offended party only The accused only The accused and the offended party All of the above None of the above

_______ 4.) Based on the above facts, one of the grounds for the motion to quash to be filed is: a.) b.) c.) d.) e.) The court did not grant bail to the accused. More than one offense is charged in the Information. There was no preliminary investigation conducted. All of the above None of the above

_______ 5.) Another ground to support the motion to quash is: a.) b.) c.) d.) e.) Lack of jurisdiction over the offense The criminal liability has been extinguished The officer who filed the information had no authority to do so All of the above. None of the above.

_______ 6.) If your answers in Numbers 4 and 5 are wrong, and the judge finds out that accused Melegriban is really innocent based on reliable sources of information but these are not the grounds stated in the Motion, can he still grant the Motion to Quash? a.) b.) c.) d.) e.) Yes, because miscarriage of justice is a violation of the accuseds constitutional rights No, because only the ground of lack of jurisdiction over the offense charged may be considered by the judge It depends on whether or not the prosecution cannot prove that Melegriban is really innocent All of the above. None of the above.

_______ 7.) If the Motion to Quash is granted based on your answer in Number 5, what should be the next step of the Court? a.) b.) c.) d.) e.) Dismiss the case for lack of jurisdiction Order the prosecution to amend the information The officer who filed the information had no authority to do so All of the above. None of the above.

_______ 8.) If the accused is correct and his Motion is granted, can he be charged with the same information in another court? a.) Yes, because the ground he used is not a bar to future prosecution b.) No, because under the Rules of Criminal Procedure, any ground in his Motion is a bar to future prosecution. c.) No, because he is already acquitted d.) All of the above e.) None of the above. FACTS (Nos. 9-13): In a criminal case for Serious Physical Injuries, Mr. V was found guilty and therefore convicted of the crime. The dispositive portion of the judgment, which was promulgated on October 1, reads: WHEREFORE, premises considered, the Court finds accused Mr. V PARTIALLY GUILTY and is hereby sentenced to spend time in jail and to indemnify the victim, Mr. X, the amount of 10,850.00. SO ORDERED. _______ 9.) Based on your understanding of the definition and contents of a judgment of conviction what is wrong with the above judgment? a.) The judgment does not say whether the accused is guilty or not guilty b.) The judgment does not specify the legal qualifications of the offense c.) The judgment does not specify the penalty imposed upon the accused d.) All of the above e.) None of the above

_______ 10.) Not happy with his conviction, Mr. V filed his appeal on September 13, 2014. The appeal is: a.) b.) c.) d.) e.) Within the period to appeal Too early or premature to file an appeal Out of time to file an appeal All of the above None of the above

_______ 11.) When does the judgment of conviction against Mr. V become final? a.) within 30 days from promulgation b.) after 1 year from the date the judgment was promulgated c.) after the lapse of the period for perfecting an appeal d.) All of the above e.) None of the above _______ 12.) During the trial of Mr. V, the judge ruled that the evidence found was inadmissible because it was obtained in violation of his constitutional rights. However, the judge, in his Judgment convicted T based on that evidence. What should Mr. V file? a.) b.) c.) d.) e.) Motion for New Trial Motion to Quash Demurrer to Evidence All of the above None of the above

_______ 13.) In case the accused failed to object to or file a Motion to Quash against a single information charging 2 or more offenses: a.) the court may convict him only of the offense with the higher penalty b.) the court may convict him of as many offenses as are charged and proved c.) the court may convict him of the offense with the lower penalty d.) all of the above e.) none of the above FACTS (Nos. 14-16): In the arraignment of a case for murder before the Regional Trial Court, the offended party was present. In the arraignment, the accused pleaded guilty to a lesser offense, which is homicide. During the pre-trial, the offended party and accused were present and represented by their lawyers. _______14.) Is pre-trial mandatory or required in the above case? a.) No, pre-trial is optional in the Regional Trial Court. b.) Yes, pre-trial is mandatory in the Regional Trial Court. c.) It depends on the crime involved if pre-trial is mandatory the Regional Trial Court. d.) All of the above. e.) None of the above. _______ 15.) The offended party wants to question the proceedings in the pre-trial. She believes that there was an irregularity in the proceedings. What is the proper order or sequence of the proceedings when a pre-trial is held? a.) Pre-Trial Order Pre-Trial Conference Pre-Trial Agreement b.) Pre-Trial Agreement Pre-Trial Order Pre-Trial Conference c.) Pre-Trial Conference Pre-Trial Agreement Pre-Trial Order d.) All of the above e.) None of the above

_______16.) Can the offended party and the accused enter into a Pre-Trial Agreement verbally or orally? a.) Yes, an oral agreement is valid since what is important is that the offended party and accused come to an agreement. b.) No, the Pre-Trial Agreement should be in writing, signed by the accused and his counsel. c.) Yes, it is enough that accused and counsel are present during the Pre-Trial for the oral agreement to be valid. d.) All of the above. e.) None of the above. FACTS (No. 17-21): Jeffrey Rodriguez is charged before the Regional Trial Court of Quezon City with the crime of robbery, on the occasion of which a homicide was committed. The applicable penalty is reclusion perpetua to death. Jeffrey is about to go to trial after having completed the Pre-Trial stage. ______17. The court granted Jeffrey Rodriguez sixteen (16) days to prepare for trial. His lawyer objected and asked for thirty (30) days, but the judge denied his request. The prosecution agreed with the judge that Jeffrey Rodriguez has enough time to prepare for trial. Who is correct? a.) b.) c.) d.) e.) The judge The counsel for the accused The prosecution All of the above None of the above

_______18.) Based on the facts above, when does trial begin for Jeffrey? a.) b.) c.) d.) e.) Within seven (7) days from receipt of the Pre-Trial Agreement Within fifteen (15) days from the date of the Pre-Trial conference Within thirty (30) days from receipt of the Pre-Trial Order All of the above None of the above

_______19.) The Constitution and the Rules of Criminal Procedure provide that the accused has the right to a speedy trial. This means that if Jeffrey Rodriguez finished all the pre-trial proceedings and the judge sets his case for trial after one (1) year or 365 days, his right to a speedy trial has been violated. Based on this ground, can Jeffrey Rodriguez have the case dismissed via a Motion to Quash? a.) Yes, violation of his right to a speedy trial is among the grounds of a Motion to Quash. b.) No, the Motion to Quash does not include the right to a speedy trial as one of its grounds. c.) No, Jeffrey should file a Demurrer to Evidence instead. d.) All of the above e.) None of the above. ______20.) In general, the order of trial shall be in this order: a.) b.) c.) d.) e.) Prosecution, Defense, butter, rebutter, and sur-rebutter evidence Defense, Prosecution, buttal, rebuttal and sur-rebuttal evidence Prosecution, Defense, rebuttal, and sur-rebuttal evidence All of the above None of the above

______21.) If the accused pleads guilty to a criminal offense, admitting the act or omission charged in the complaint, but presents evidence to show a valid justification for doing so, the effect is that the order of trial: a.) b.) c.) d.) e.) May be modified, such that the defense presents evidence first Is not changed Its not necessary to hold a trial since the accused already pleaded guilty. All of the above None of the above.

FACTS (Nos. 22-26): During the trial for murder, the counsel of accused L told him that he feels that the prosecution does not have enough evidence to prove its case. Thus, the lawyer advised L that he will file a Demurrer to Evidence. ______22.) When should the Demurrer be filed? a.) Five (5) days after the Prosecution presents its first witness b.) Fifteen (15) days from arraignment c.) Five (5) days before Prosecution rests its case d.) all of the above e.) none of the above ______23.) On August 1, the counsel of Accused L filed with the court a Motion for Leave of Court to File a Demurrer to Evidence. On August 3, the Prosecution received the Motion filed by the counsel of Accused L. When is the deadline for the Prosecution to file an opposition to the Motion? a.) b.) c.) d.) e.) August 6 August 7 August 13 All of the above None of the above

______ 24.) In the above question, the deadline of the Prosecution to file an opposition is counted from what date? a.) The date the Court issues an Order granting the Motion for Leave to File a Demurrer to Evidence b.) The date the Prosecution receives the Motion for Leave to File a Demurrer to Evidence c.) The date the Court receives the Motion for Leave to File a Demurrer to Evidence d.) All of the above e.) None of the above _______ 25.) On September 20, the judge issued an Order granting the Motion. On September 30, the accused filed his Demurrer to Evidence with the court. On October 1, the Prosecution received the Demurrer by registered mail from Accused J. When is the deadline for Prosecution to file his opposition to the Demurrer? a.) The date the Court issues an Order granting the Motion for Leave to File a Demurrer to Evidence b.) The date the Prosecution receives the Demurrer to Evidence c.) The date the Court receives the Demurrer to Evidence d.) All of the above e.) None of the above

_______ 26.) In the above question, the deadline of the Prosecution to file his opposition to the Demurrer is what date? a.) October 10 b.) October 6 c.) October 5 d.) All of the above e.) None of the above FACTS NOS. 27-30 In April of 2010, Accused X was charged before the Regional Trial Court with the crime of Reckless Imprudence Resulting in Homicide for a hit-and-run which killed Mr. Y. Due to the lack of available witnesses and strong evidence, the prosecution failed to prove its case and as a result, Accused X was acquitted of the crime in a judgment promulgated by the Court on August 15, 2012. In February of 2013, a witness came forward and positively identified Accused X as the driver who was driving recklessly and killed Mr. Y. As a result, on October 12, 2013, after conducting a preliminary investigation, the prosecution filed a new information in the same court charging Accused X with the crime of Reckless Imprudence Resulting in Homicide for the hit-and-run which killed Mr. Y. _______ 27.) Can accused still be charged with the same crime he committed in 2010 in the present case? a.) b.) c.) d.) e.) Yes, because the witness only came forward in 2013. No, because there is double jeopardy in this case. It depends on whether or not there was a provisional dismissal. All of the above None of the above

_______ 28.) Based on your answer, what should the accused file? a.) b.) c.) d.) e.) Motion for New Trial Based on Newly Discovered Evidence Motion for Quash Motion to Dismiss All of the above None of the above

_______ 29.) What is the effect of accuseds acquittal in 2010 on the new information filed in 2013? a.) The acquittal is a bar to prosecution accused cannot be charged again of the same crime b.) The acquittal has no effect c.) The acquittal can make the case a conviction d.) All of the above e.) None of the above _______ 30.) Suppose accused was convicted of Reckless lmprudence Resulting in Homicide in 2010 and the new information filed in 2013 based on the same crime charges Murder instead. Can the accused still be charged with the same offense? a.) Yes, because the testimony of the witness is considered newly discovered evidence b.) No, because double jeopardy applies to conviction c.) It depends on whether or not that testimony of the witness has a significant impact on the judgment in 2010 such that the case needs to be reopened d.) All of the above e.) None of the above

Part II. True or False (20 points) _______1.) A Motion to Quash always has the effect of dismissing the case. _______2.) A Motion to Quash may be made orally. _______3.) In all criminal cases appealed before the Court of Appeals, a Pre-trial is mandatory. _______4.) A judgment must always be in writing. _______5.) A judge need not sign the judgment for as long as his name appears in the last page. _______6.) If the judgment is of acquittal, the judgment need not determine if the act or omission from which the civil liability might arise exists. _______7.) After its promulgation, judgment automatically becomes final and not appealable. _______8.) The effect of the discharge of an accused as a state witness is that of acquittal. _______9.) The Motion for New Trial can be made by the prosecution, with the consent of the accused. _______10.) In a Motion for New Trial, it is not necessary that the newly discovered evidence would change the judgment had it been known at the time of the trial. _______11.) Failure of the accused or the offended party to appear at the pre-trial shall make them liable for sanctions by the court. _______12.) If a Motion for New Trial is granted, the evidence already adduced or present at the trial is set aside and expunged from the records of the case. _______13.) A Motion to Reopen the Proceedings may only be made after the prosecution rests its case _______14.) The defense may appeal a judgment of acquittal. _______15.) Only cases decided by the Court of Appeals may be appealed to the Supreme Court. _______16.) In general, the accused has 30 days within which to file an appeal. _______17.) Double jeopardy serves as a bar in appealing from a judgment of acquittal. _______18.) A judgment becomes final after the lapse of the period for perfecting an appeal. _______19.) The judge may, acting on his own (motu proprio) and without need of a motion, reopen trial proceedings to avoid a miscarriage of justice. _______20.) A Motion for Reconsideration may be made orally, in open court.