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Questions and Answers
The search conducted cannot be considered as a search of a moving ___.
The search conducted cannot be considered as a search of a moving ___.
vehicle
In order for there to be a prejudicial question, one case must be civil and the other ______.
In order for there to be a prejudicial question, one case must be civil and the other ______.
criminal
The target of the search was not the passenger jeepney but the person who matched the ___ given by the informant.
The target of the search was not the passenger jeepney but the person who matched the ___ given by the informant.
description
Extensive and intrusive searches necessitate ___ cause on the part of the apprehending officers.
Extensive and intrusive searches necessitate ___ cause on the part of the apprehending officers.
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The resolution of the issue in a civil case will determine the ______ or innocence of the accused in a criminal case.
The resolution of the issue in a civil case will determine the ______ or innocence of the accused in a criminal case.
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Sheer unverified information from an anonymous informant does not engender ___ cause for an extensive search.
Sheer unverified information from an anonymous informant does not engender ___ cause for an extensive search.
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A petition for suspension of the criminal action may be filed based upon the pendency of a ______ question.
A petition for suspension of the criminal action may be filed based upon the pendency of a ______ question.
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A clarificatory hearing allows the parties to be present but does not grant them the right to ______ or cross-examine.
A clarificatory hearing allows the parties to be present but does not grant them the right to ______ or cross-examine.
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Anything less than probable cause would be an infringement upon one’s basic right to ___ of one’s person and effects.
Anything less than probable cause would be an infringement upon one’s basic right to ___ of one’s person and effects.
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An example of a prejudicial question is when a case for the declaration of ______ of marriage is filed.
An example of a prejudicial question is when a case for the declaration of ______ of marriage is filed.
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The search warrant issued by the RTC of Kalookan City was in connection with the violation of PD _____ or the Illegal Possession of Firearms and ammunitions.
The search warrant issued by the RTC of Kalookan City was in connection with the violation of PD _____ or the Illegal Possession of Firearms and ammunitions.
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The police seized firearms, explosive materials, and _____ documents during the search.
The police seized firearms, explosive materials, and _____ documents during the search.
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The petitioners claimed that the search warrant was filed in a court of _____ venue in criminal actions.
The petitioners claimed that the search warrant was filed in a court of _____ venue in criminal actions.
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A search warrant is defined as an order in writing issued in the name of the People of the Philippines signed by a _____ and directed to a peace officer.
A search warrant is defined as an order in writing issued in the name of the People of the Philippines signed by a _____ and directed to a peace officer.
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A search warrant is akin to a writ of _____ and serves as a legal tool to uncover evidence.
A search warrant is akin to a writ of _____ and serves as a legal tool to uncover evidence.
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The primary factor that must be satisfied before a warrantless search and seizure may be lawfully conducted is ______.
The primary factor that must be satisfied before a warrantless search and seizure may be lawfully conducted is ______.
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Stop and frisk has been defined as the act of a police officer to stop a citizen and pay him for weapons or ______.
Stop and frisk has been defined as the act of a police officer to stop a citizen and pay him for weapons or ______.
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If the charge against a person is a capital offense and the evidence of guilt is strong, they are not entitled to ______ before conviction.
If the charge against a person is a capital offense and the evidence of guilt is strong, they are not entitled to ______ before conviction.
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Under the doctrine of fruits of the ______ tree, evidence acquired during an unlawful search is inadmissible.
Under the doctrine of fruits of the ______ tree, evidence acquired during an unlawful search is inadmissible.
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After a conviction, the right to bail becomes ______.
After a conviction, the right to bail becomes ______.
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Study Notes
Criminal Procedure Reviewer - Jurisdiction of the Sandiganbayan
- Sandiganbayan jurisdiction requires the offender to violate specific laws, such as the Anti-Graft and Corrupt Practices Act (RA 3019), the Plunder Act (RA 7080), or sections of the Revised Penal Code related to crimes by public officers.
- Executive Orders 1, 2, 14, 14-A, and 5 (issued in 1986) also fall under Sandiganbayan jurisdiction for offences connected to those provisions.
- Crimes committed by public officials in relation to their office, whether simple or complex, are within Sandiganbayan's jurisdiction.
Suspension of Accused Government Officials
- Public officials facing valid criminal prosecution (under specific laws, including bribery-related codes) are subject to suspension pendente lite.
- If convicted, they lose retirement benefits, but if acquitted, they're reinstated with back pay and benefits.
- Suspension pendente lite is temporary and not exceeding 90 days is valid. Suspension for a longer period (indefinite) is void.
- The accused can avoid suspension if they can show the information isn't valid.
Prejudicial Question
- The general rule is that a civil case related to a criminal offense should be suspended when the criminal action is filed.
- An exception to this is a 'prejudicial question' that must be resolved in the civil case.
- A prejudicial question must involve one civil and one criminal case.
- The resolution of the civil case directly determines guilt or innocence in the criminal case.
- The civil case must be previously instituted.
- The civil case issue must be similar to the criminal case issue, with the outcome dictating criminal culpability or innocence.
Clarificatory Hearing in Preliminary Investigation
- Clarificatory hearings allow parties to ask questions but can't conduct cross-examinations of witnesses.
- Clarificatory hearings primarily occur in preliminary investigations but can also be relevant in other procedures.
- A prosecutor can use this opportunity for clarification and resolution of issues before formal trial.
Search as Incident to Valid Arrest
- Search warrants must be in writing, signed by a judge, addressed to a peace officer and describe the specific items to be searched.
- Search warrants are related to criminal cases (not civil).
- A general search warrant is not valid.
- Valid search warrants can pertain to multiple offenses if accurately described.
- A search warrant must be filed with the appropriate court in the jurisdiction of the crime, or under compelling circumstances.
- The length of validity of a search warrant is 10 days starting from the date of issuance.
Motions to Quash or Suppress Evidence
- Motions can be filed either when the criminal action is ongoing, or if no action exists.
- Motions to quash a search warrant are addressed to the court that issued the warrant, or the court hearing the criminal action (whichever is appropriate).
- If a motion to quash is denied, a motion to suppress evidence cannot be pursued and the case progresses to resolution.
- Filing a motion to quash is alternate to filing a motion for suppression of evidence
Bail (In relation to different offences)
- Bail (for offences not necessarily punishable by death or long imprisonment) is largely determined on a case-by-case basis.
- Relevant factors include the person's financial ability, the nature of the crime, and the potential for flight or re-offending.
- Bail can be in cash deposit or a property bond.
Other important criminal procedure issues
- The effect of absence of either the accused or offended party during pretrial is in relation to the possible dismissal or continuation of the case.
- The difference between RA 6981 and Rule 119 in relation to the protection of state witnesses (immunity from charges or special benefits)
- The promulgation of the judgment in the absence of a defense counsel discusses the procedures if the accused was absent when the court announced the verdict.
- The effect of an appeal by the accused.
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Description
This quiz covers the jurisdiction of the Sandiganbayan, particularly in relation to specific laws such as the Anti-Graft and Corrupt Practices Act. It also addresses the suspension of accused government officials and the implications of their prosecution. Test your knowledge on these vital aspects of criminal procedure.
