REMEDIAL LAW

CRIMINAL PROCEDURE

1. What is criminal procedure?

2. What are the elements of jurisdiction
in criminal cases?
3. In criminal cases, is venue the same as
jurisdiction?
4. What is criminal jurisdiction?
5. State the distinctions between jurisdiction
over the subject matter and jurisdiction over
the person of the accused in criminal cases.
6. What are the requisites for a valid exercise of
criminal jurisdiction?
7. When should the question of jurisdiction be
raised?
8. How is jurisdiction determined?
9. What is the principle of adherence of
jurisdiction?
10. Is the principle of adherence absolute?
11. Give an outline of the criminal jurisdiction of
courts.
12. With respect to the jurisdiction of the
Sandiganbayan, when is an offense deemed
committed “in relation to one’s office”?
13. In election offenses committed by public
officers with SG 27 or higher, which court has
jurisdiction, the RTC of the Sandiganbayan?
14. May injunction be issued to restrain criminal
prosecutions?
15. Is the rule absolute?

PROSECUTION OF OFFENSES

16. How are criminal actions

instituted?

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17. What is the effect of the filing of a

criminal action on the period of
prescription of offenses?
18. What is a complaint?
19. Who may file a complaint?
20. What is an information?
21. Distinguish a complaint from an information.
22. In case of variance between the complaint
filed by the offended party and the
information in crimes against chastity, which
shall prevail?
23. What are the crimes that must be prosecuted
upon complaint of the offended party?
24. When may criminal actions be enjoined?
25. Who must prosecute criminal actions?
26. When may a private prosecutor be allowed to
prosecute a criminal action?
27. May the prosecutor be compelled to prosecute
a case already filed?
28. Distinguish control by prosecution from
control by the court.
29. When is a complaint or information deemed
sufficient?
30. State the requirements as to the designation
of the offense?
31. Is there is inconsistency between the
designation of the offense and the allegations
in the information, what shall prevail?
32. What is the effect of an erroneous designation
or failure to make the designation of the
offense?
33. What is the effect when a
qualifying or an ordinary
aggravating circumstance is
attendant in the offense is not specified in the
information?
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34. How should a cause of action be

alleged in the complaint or
information?
35. Can an accused charged of a complex offense
be convicted of one of the component
offenses?
36. What is the rule on duplicity of offenses?
37. What is the rationale behind the rule enjoining
the charging of two or more offenses in an
information?
38. Is the rule on duplicity of offenses absolute?
39. What is the remedy of the accused if the
information charges two or more offenses?
40. Explain the concept of amendment.
41. What is a formal amendment?
42. What are substantial amendments?
43. When may a complaint or information be
amended?
44. Distinguish amendment from substitution.
45. What are the instances when an information
may be substituted?
46. Where should a criminal action be instituted?
47. Distinguish a transitory offense from a
continuing offense.
48. May the offended party intervene in the
prosecution of a criminal action?

PROSECUTION OF CIVIL ACTION

49. What is the general rule governing the

institution of criminal and civil
actions?
50. What are the exceptions?

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51. When should the reservation of the

right to institute the civil action
separately be made?
52. Give the instances where the reservation of
the right to institute a civil action separately is
not allowed.
53. What is the reason for the rule that criminal
actions are govern priority over civil actions?
54. When is the separate civil action suspended?
55. What is the effect of the death of the accused
on civil actions?
56. What are the exceptions?
57. What is a prejudicial questions?
58. What are the elements of prejudicial
questions?
59. Give in outline of the rules on filing fees when
the civil action is deemed instituted with the
criminal action.

PRELIMINARY INVESTIGATION

60. What is preliminary investigation?

61. What is the nature of the right of the accused
to the preliminary investigation?
62. State the purpose of preliminary investigation.
63. What is meant by probable cause for purposes
of preliminary investigation?
64. Who may conduct a preliminary investigation?
65. What is the nature and extent of the authority
of the Ombudsman to conduct preliminary
investigation?
66. What shall the investigating
prosecutor do if he finds probable
cause?

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67. What shall the investigating

prosecutor do if he finds no probable
cause to hold the respondent for trial?
68. What is the remedy of the aggrieved party
from the resolution of the investigating
prosecutor?
69. What is a warrant of arrest?
70. When may a warrant of arrest be issued?
71. In what cases is a preliminary investigation
not required?
72. State the remedies of the accused if no
preliminary investigation was conducted.
73. What is an inquest?

ARREST

74. What is arrest?

75. How is an arrest made?
76. State the instances when an arrest without
warrant is lawful.
77. Give and explain the different methods of
arrest.
78. State the requisites of a valid warrant of
arrest.
79. What is meant by probable cause in
connection with the issuance of a warrant of
arrest?
80. State the procedure for the issuance of
warrant of arrest.
81. Distinguish the judge’s determination of
probable cause from the fiscal’s
determination of probable cause.

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BAIL

82. What is bail?

83. What is the purpose of bail?
84. What are the forms of bail for the release of a
detained person?
85. What is the nature of the right to bail?
86. When is bail a matter of right?
87. When is bail a matter of discretion?
88. What is a capital offense?
89. Is a hearing required in the application for bail
in capital offenses?
90. What are the guidelines in setting the amount
of bail?
91. When is bail not required?
92. May the bail be increased or decreased?
93. When may the bail be forfeited?
94. When may a bond be canceled?
95. What id the remedy of the bondsman if the
petition for cancellation of bail is denied?
96. Does an application for bail bar the accused
from questioning the validity of his arrest or
the validity of the warrant, or the matter of
conducting the preliminary investigation?
97. What remedies are available to the accused?
98. Who may issue a Hold Departure Order?
99. When may the RTC issue hold departure
orders?
100. When may the DOJ issue a hold departure
order?
101. When may the Secretary of Justice issue a
watch list order?

RIGHTS OF THE ACCUSED

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102. What are the rights of the accused at

the trial?
103. State the rights of persons under
custodial investigation.

ARRAIGNMENT AND PLEA

104. What is an arraignment?

105. What is the purpose of arraignment?
106. Where should arraignment be made?
107. How is arraignment made?
108. What is a plea?
109. What are the instances when a plea of
“not guilty” should be entered?
110. What are the requisites of a plea for lesser
offense?
111. What is the effect if the plea to a lesser
offense is without the consent of the offended
party and the prosecutor?
112. What should the court do when the
accused pleads guilty to a capital offense?
113. What is the meaning of the duty of the
judge to conduct a “searching inquiry”?
114. What is an improvident plea?
115. What shall the court do with an
improvident plea?
116. What are the grounds for suspending
arraignment?
117. When may the accused move for a bill of
particulars?

MOTION TO QUASH

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118. What is a motion to quash?

119. What are the grounds that the accused
may invoke to quash a complaint or
information?
120. Can the court motu proprio quash an
information?
121. How is a motion to quash distinguished
from demurer to evidence?
122. State the effects if the court sustains the
motion to quash.
123. Is the grant of a motion to quash a bar to
another prosecution?
124. What is double jeopardy?
125. State the requisites for the defense of
double jeopardy to prosper.
126. What is meant by the concept of
provisional dismissal?
127. May a provisional dismissal be used for
invoking double jeopardy?
128. What are the requisites that should be
established for a provisional dismissal?
129. When shall provisional dismissal become
permanent?

PRE-TRIAL

130. What is the objective of a pre-trial?

131. When is pre-trial mandatory?
132. When should a pre-trial be conducted?
133. What happens during pre-trial?
134. What is plea bargaining?
135. When is a plea bargaining not
allowed?

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136. What shall the court do if plea

bargaining is agreed upon?
137. What is the form of a pre-trial
agreement?
138. What is the effect of non-appearance
during pre-trial?
139. What is a pre-trial order?
140. What cases fall under the mandatory
coverage for Court Annexed Mediation and
Judicial Dispute Resolution?
141. What cases that not be referred for Court
Appeals Mediation and Judicial Dispute
Resolution?

TRIAL

142. State the instances when the presence of

the accused is required.
143. State the requisites for trial to be
suspended on account of absence of witness.
144. Distinguish between an absent witness
and unavailable witness.
145. What is the concept Trial in Absentia?
146. State the requisites for trial in absentia to
be conducted.
147. Is the accused is not brought to trial within
the time limit required, what is the remedy?
148. What are the requisites in order for a
person to be discharged as a state witness?
149. What is meant by “absolute necessity” for
the testimony of the accused
whose discharge is sought?
150. What are the effects if the
accused is discharged as a state witness?

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151. What is meant by demurer to

evidence?
152. When may a motion for demurer to
evidence be made?
153. What is the effect of filing the demurer to
evidence with leave of court?
154. What is the effect of filing the demurer to
evidence without leave of court?
155. What is the remedy of the accused if the
demurer to evidence is denied?

JUDGMENT

156. Define judgment.

157. What is the form required for the
judgment?
158. What are the contents of the judgment?
159. State the rules when there us variance
between the offense charged and the offense
proved.
160. What is meant by promulgation?
161. Is the presence of the accused mandatory
during the promulgation of judgment?
162. What is the significance of promulgation?
163. What are the essential elements for the
validity of a promulgation of judgment in
absentia?
164. When does judgment become final?

NEW TRIAL OR
RECONSIDERATION

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165. State the grounds for motion for a new

trail.
166. What are the grounds for a motion for
reconsideration?
167. What are the requisites for granting a new
trial on the ground of newly discovered
evidence?
168. What are the effects of a grant of the
motion for new trial or reconsideration?
169. What is the “Neypes Doctrine”?
170. Is the Neypes doctrine applicable in
criminal cases?

APPEAL

171. Discuss the concept of appeal.

172. What is the effect of an appeal in criminal
cases?
173. Where does one file an appeal?
174. How is appeal taken?
175. What are the grounds for dismissal of an
appeal?
176. What is the effect if the accused used a
wrong mode of appeal?

SEARCH AND SEIZURE

177. What is a search warrant?

178. What are the distinctions between a
warrant of arrest and a search
warrant?
179. Where should one file an
application for a search warrant?
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180. What is the meaning of probable cause

in relation to a search warrant?
181. What is the procedure to be followed
in the conduct of the examination of the
complaint and the witnesses he may produce?
182. What is meant by the requirement that the
warrant must particularly described the place
to be searched and the person or things to be
seized?
183. State the nature if the personal property
to be seized.
184. Discuss the instances where searches and
seizures are allowed to be carried out even
without a search warrant?
185. What are the remedies form an unlawful
search and seizure?

PROVISIONAL REMEDIES

186. What are provisional remedies?

187. What the kinds of provisional remedies
available in criminal proceedings?

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