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    CRIMPRO-ATTY-DATU-DACULA

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    Vince Q. Matutina

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    © All Rights Reserved
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    CRIMPRO-ATTY-DATU-DACULA

    Uploaded by

    Vince Q. Matutina
    1 views3 pages

    Copyright

    © © All Rights Reserved

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    1 views3 pages

    CRIMPRO-ATTY-DATU-DACULA

    Uploaded by

    Vince Q. Matutina

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    1. Define Criminal Procedure?

    (Adversarial or Accusatorial in nature)

    - Criminal procedure refers to the methods used to investigate and prosecute a


    crime. In addition, criminal procedure protects the rights of the defendant.
    2. What are criminal actions?

    - The procedure by which a person accused of committing a crime is charged,


    brought to trial, and judged.

    3.Differentiate civil action from criminal action?

    - Civil cases usually involve disputes between people while criminal cases alleged a
    violation of a criminal law.
    4. How are criminal actions instituted?

    - Criminal actions shall be instituted by filing the complaint before the office of the
    prosecutor for the purpose of conducting the requisite preliminary investigation.

    5. What is Criminal Jurisdiction?

    - Criminal jurisdiction the authority to hear particular offense and impose the
    punishment for it.
    6. 3 Requisites for its valid exercise of criminal jurisdiction:
    - Jurisdiction over the Subject matter;
    -jurisdiction over the Territory where the offense was committed; and.
    -jurisdiction over the Person of the accused.

    7. How is Jurisdiction over the Subject matter conferred in criminal cases?


    - The Jurisdiction over the Subject matter is conferred by law the very authority of
    the court to take cognizance of and to render judgment on the action.

    8. How is Jurisdiction over the Subject matter is determined in criminal cases?


    -The complaint or information must be examined for the purpose of ascertaining
    nature of the action fall within the jurisdiction of the court.
    9. How is Jurisdiction Over Territory acquired by the courts in criminal cases?
    -Where the offense was committed where any its essential ingredients occurred.
    10. How is Jurisdiction Over the person of accused acquired?
    - Upon the arrest or apprehension with or without warrant or his voluntary
    appearance or submission to the jurisdiction of the court.
    11. What is Custody of Law?
    - Custody of the law is accomplished either by arrest or voluntary surrender.
    12. Distinguished Custody of law from Jurisdiction over the person.
    - Custody of the law is accomplished either by arrest or voluntary surrender,
    while jurisdiction over the person of the accused is acquired upon his arrest or voluntary
    appearance.

    13. May Injunction be issued to restrain criminal prosecution?


    -No because under the rule of law criminal acts must be immediately investigate
    for the protection of the society.

    14. Explain the Blameless Ignorance Doctrine?


    - Principle applies when the plaintiff is unable to know or has no reasonable means of
    knowing the existence of a cause of action.
    15. Criminal Complaint and enumerate its requisites.
    - A sworn written statement charging a person with an offense, subscribed by the
    offended party, any peace officer, or other public officer charged with the enforcement
    of the law violated
    16. What is Information? What are its requisites?
    - An accusation in writing charging a person with an offense, subscribed by the prosecutor and
    filed with the court.

    17. How criminal actions for private crimes instituted?


    - filing the complaint with the proper officer for the purpose of conducting the requisite
    preliminary investigation.
    18. When is complaint or information sufficient?
    – A complaint or information is sufficient if it states the name of the accused; the
    designation of the offense given by the statute; the acts or omissions complained of as
    constituting the offense; the name of the offended party; the approximate date of the
    commission of the offense; and the place where the offense ...
    19. The offense is Homicide but the allegations show the elements of murder.
    What is the crime charge?
    - The jurisdiction of the court in criminal cases is determined by the allegations in the
    complaint or information and not by the findings based on the evidence of court after
    trial. The determination is solely on the allegation in the compliant or information.
    20. May complaint or information charge more than one offense?
    - A complaint or information must charge but one offense, except only in those cases
    in which existing laws prescribe a single punishment for various offenses. Otherwise
    stated, there is duplicity.
    21. When may complaint or information be amended?
    - At any time before the accused enters his plea.
    22. Define and explain formal amendment.
    - The introduction of changes to the constitution's text. A formal amendment occurs
    when it is important to make amends to the constitution.
    23. Define and explain substantial amendment.
    - Supporting documentation that is likely to affect to a significant degree and determinative
    of the jurisdiction of the court.
    24. The rule on implied institution of the civil action with the criminal action.
    -Under the rules of law if both civil action and criminal action was filed and if the
    criminal action dismissed the civil action will automatically dismissed.
    25. Effect of filing criminal action to a separate civil action not yet instituted.
    - If the criminal action was dismissed it doesn’t mean that your civil action will also
    dismissed.
    26. Effect of filing criminal action to a separate civil action already instituted.
    - The latter shall be suspended before judgment on the merits. The suspension shall
    last until final judgment is rendered in the criminal action.
    27. Does the extinction of the penal action criminal liability carry with it extinction
    of the civil action?
    - The extinction of the penal action does not carry with the civil action. However, the
    civil action may be extinguished if there is a finding in a final judgment in the criminal
    action.
    28. Prejudicial Question and enumerate its elements.
    - Decision before a final judgment is rendered in the principal action with which said
    question is closely connected.
    (a) The civil action involves an issue (b) the resolution of such issue determines
    whether or not the criminal action may proceed.
    29. Distinguish executive and judicial determination of probable cause.
    - The executive determination of probable cause is one made during preliminary
    investigation. The judicial determination of probable cause, the determination by the
    judge whether a warrant of arrest should be issued against the accused.
    30. Preliminary Investigation. When is it required? When it is not.
    - the filing of a complaint or information for an offense where the penalty prescribed
    by law is at least four (4) years, two (2) months and one (1) day without regard to the
    fine.
    31. Enumerate the instances when warrant of arrest shall not issue.
    a) When, in his presence, the person to be arrested has committed, is actually
    committing, or is attempting to commit an offense.

    32. What is as inquest?


    - Informal and summary investigation conducted by the public prosecutor in a criminal
    case
    33. When an inquest proceeding be terminated?
    The inquest proceedings must be terminated within the period prescribed under
    the provisions of Article 125 of the Revised Penal Code, as amended."

    The 12, 18, 36, which applies to the number of hours, will apply to those arrested
    without warrant. The count will start from the time of the detention of the arrested
    person. Those arrested for light offense must be brought in within 12 hours, 18 for
    moderate offenses and 36 for heinous crimes

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