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