Criminal Procedure - Midterms

CRIMINALS PROCEDURE
MID-TERM EXAMS, FEU
AUG. 9, 2008

1.A. Define criminal jurisdiction of the Courts.

   B. Distinguish criminal jurisdiction from venue in criminal cases (10 pts.)

2. Explain Doctrine of Adherence of jurisdiction and illustrate (10 pts.)

3. State the rule on interruption of the period of prescription of the offense (10 pts.)

4.A. What is a crime that cannot be prosecuted de oficio;

   B. Is Defamation always a crime that cannot be prosecuted de officio? Explain (15 pts.)

5.A. An accused is charged in one Information for assaulting 3 persons by different acts while they were asleep. Is the Information duplicitous? Justify.

   B. X is charged under a single Information for having killed on the same occasion of robbery 4 persons. Is the information duplicitous? Justify (10 pts)

6. X is charged with Estafa for failure to remit to Y sums of money collected by him (X) from Y, and instead, X deposited the money in his personal bank account. X filed a Motion to Suspend the proceeding pending resolution of the civil case earlier filed by him in court against Y for accounting and damages, involving the amount subject of the Estafa case. Is there a prejudicial question? Justify (20 pts.)

7. X was convicted of serious physical injuries inflicted Y. He appealed but during the pendency of his appeal, he died.

A. What is the effect of Y's death on his criminal liability?

B. What is th effect cf his death on his civil liability based solely on his crminal act?

C. What is the effect of his death on his civil liability based on quasi-delict or tort?

D. What is the effect of his death if in the cnminal case, Y did not make necessary reservation to file separate civil action for damages?

E. What is the effect of his death if Y reserved his right to file a separate civil action but had not yet done so when X died?

Explain your answer (25 pts.)