Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
them to any website or the cloud. For comments, questions, corrections, or suggestions, email gtgalacio@yahoo.com
| [1] Complete the following: The institution of the criminal action shall _____________________ unless otherwise provided in special laws. | The institution of the criminal action shall interrupt the running of the period of prescription of the offense charged unless otherwise provided in special laws. |
| [2] Who should be charged in the complaint or information? | All persons who appear to be responsible for the offense involved. (SEC. 2) |
| [3] Complete the following: SEC. 3. Complaint defined.—A complaint is a _____________________, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated. | A complaint is 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. (SEC. 3) |
| [4] Define “information.” | An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court. (SEC. 4) |
| [5] Complete the following: The crimes of adultery and concubinage shall not be prosecuted except upon a ___________________. The offended party cannot institute criminal prosecution without including the guilty parties, if both are alive, nor, in any case, if the ______________________________________. | The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse. The offended party cannot institute criminal prosecution without including the guilty parties, if both are alive, nor, in any case, if the offended party has consented to the offense or pardoned the offenders. |
| [6] Complete the following: The offenses of ________________________________ shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents or guardian, nor, in any case, if the _______________________________. If the offended party dies or becomes incapacitated before she can file the complaint, and she has no known parents, grandparents or guardian, the __________ shall initiate the criminal action in her behalf. | The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents or guardian, nor, in any case, if the offender has been expressly pardoned by any of them. If the offended party dies or becomes incapacitated before she can file the complaint, and she has no known parents, grandparents or guardian, the State shall initiate the criminal action in her behalf. (SEC. 5) |
| [7] Complete the following: The offended party, even if a minor, has the right to ___________________ of the offenses of seduction, abduction and acts of lasciviousness independently of her parents, grandparents, or guardian, unless she is _______________ of doing so. Where the offended party, who is a minor, fails to file the complaint, her parents, grandparents, or guardian may file the same. The right to file the action granted to parents, grandparents, or guardian shall be ____________________ and shall be exercised __________ in the order herein provided, except as stated in the preceding paragraph. | The offended party, even if a minor, has the right to initiate the prosecution of the offenses of seduction, abduction and acts of lasciviousness independently of her parents, grandparents, or guardian, unless she is incompetent or incapable of doing so. Where the offended party, who is a minor, fails to file the complaint, her parents, grandparents, or guardian may file the same. The right to file the action granted to parents, grandparents, or guardian shall be exclusive of all other persons and shall be exercised successively in the order herein provided, except as stated in the preceding paragraph. (SEC. 5) |
| [8] A complaint or information is considered sufficient if it states what things? | A complaint or information is sufficient if it states (1) the name of the accused; (2) the designation of the offense given by the statute; (3) the acts or omissions complained of as constituting the offense; (4) the name of the offended party; (5) the approximate date of the commission of the offense; and (6) the place where the offense was committed. (SEC. 6) |
| [9] Complete the following: SEC. 8. Designation of the offense.—The complaint or information shall state the _______________ given by the statute, aver the ____________________, and specify its _________________________. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it. | SEC. 8. Designation of the offense.—The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it. |
| [10] Complete the following: SEC. 9. Cause of the accusation.—The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in _______________ and not necessarily in the language used in the statute, but in terms sufficient to ______________________________as well as its qualifying and aggravating circumstances and for the court to pronounce judgment. | SEC. 9. Cause of the accusation.—The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute, but in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment. |
| [11] Complete the following: SEC. 10. Place of commission of the offense.—The complaint or information is sufficient if it can be understood from its allegations that the offense was committed or ___________________ occurred at some place within the jurisdiction of the court, unless the particular place where it was committed constitutes an ___________________. | SEC. 10. Place of commission of the offense.—The complaint or information is sufficient if it can be understood from its allegations that the offense was committed or some of its essential ingredients occurred at some place within the jurisdiction of the court, unless the particular place where it was committed constitutes an essential element of the offense charged or is necessary for its identification. |
| [12] When is it necessary to state in the complaint or information the precise date the offense was committed? | When it is a material ingredient of the offense. (SEC. 11) |
| [13] Complete the following: SEC. 11. Date of commission of the offense.—It is not necessary to state in the complaint or information the precise date the offense was committed except when it is a material ingredient of the offense. The offense may be alleged to have been committed __________________. | SEC. 11. Date of commission of the offense.—It is not necessary to state in the complaint or information the precise date the offense was committed except when it is a material ingredient of the offense. The offense may be alleged to have been committed on a date as near as possible to the actual date of its commission. |
| [14] Complete the following: SEC. 12. Name of the offended party.—The complaint or information must state the name and surname of the person against whom or against whose property the offense was committed, or any appellation or nickname by which such person has been or is known. If there is no better way of identifying him, he must be described under a fictitious name. (a) In offenses against property, if the name of the offended party is unknown, the ___________________. | (a) In offenses against property, if the name of the offended party is unknown, the property must be described with such particularity as to properly identify the offense charged. |
| [15] Complete the following: SEC. 12. Name of the offended party.—The complaint or information must state the name and surname of the person against whom or against whose property the offense was committed, or any appellation or nickname by which such person has been or is known. If there is no better way of identifying him, he must be described under a fictitious name. (c) If the offended party is a juridical person, it is sufficient to state its name, or any name or designation by which it is known or by which it may be identified, without need of ___________________. | (c) If the offended party is a juridical person, it is sufficient to state its name, or any name or designation by which it is known or by which it may be identified, without need of averring that it is a juridical person or that it is organized in accordance with law. |
| [16] A complaint or information must charge only one offense. Exception? | When the law prescribes a single punishment for various offenses. (SEC. 13) |
| [17] When may the complaint or information be amended, in form or in substance, without leave of court? | At any time before the accused enters his plea. (SEC. 14) |
| [18] After the plea and during the trial, a formal amendment may be made under what conditions? | [1] Leave of court; and [2] when it can be done without causing prejudice to the rights of the accused. [SEC. 14] |
| [19] Complete the following: However, any amendment before plea, which ____________________ in or ____________________ from the complaint or information, can be made only upon motion by the prosecutor, with ____________________ and with _________. The court shall state its reasons in resolving the motion and copies of its order shall be furnished all parties, especially the offended party. | However, any amendment before plea, which downgrades the nature of the offense charged in or excludes any accused from the complaint or information, can be made only upon motion by the prosecutor, with notice to the offended party and with leave of court. The court shall state its reasons in resolving the motion and copies of its order shall be furnished all parties, especially the offended party. |
| [20] Complete the following: If it appears at any time before judgment that a ____________________, the court shall dismiss the original complaint or information upon the filing of a new one charging the proper offense in accordance with section 19, Rule 119, provided ______________________. The court may require the witnesses to give bail for their appearance at the trial. | If it appears at any time before judgment that a mistake has been made in charging the proper offense, the court shall dismiss the original complaint or information upon the filing of a new one charging the proper offense in accordance with section 19, Rule 119, provided the accused shall not be placed in double jeopardy. The court may require the witnesses to give bail for their appearance at the trial. (SEC. 14) |
| [21] Complete the following: SEC. 15. Place where action is to be instituted.— (a) Subject to existing laws, the criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or where _____________________. | (a) Subject to existing laws, the criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred. |
| [22] Complete the following: SEC. 15. Place where action is to be instituted.— (b) Where an offense is committed in a train, aircraft, or other public or private vehicle in the course of its trip, the criminal action shall be instituted and tried in the court of any municipality or territory where such train, aircraft, or other vehicle passed during its trip, _____________________. | (b) Where an offense is committed in a train, aircraft, or other public or private vehicle in the course of its trip, the criminal action shall be instituted and tried in the court of any municipality or territory where such train, aircraft, or other vehicle passed during its trip, including the place of its departure and arrival. |
| [23] Complete the following: SEC. 15. Place where action is to be instituted.— (c) Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall be instituted and tried in the court of the _______________ or of any municipality or territory where the vessel passed during such voyage, subject to the _____________________. | (c) Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall be instituted and tried in the court of the first port of entry or of any municipality or territory where the vessel passed during such voyage, subject to the generally accepted principles of international law. |
| [24] Complete the following: SEC. 15. Place where action is to be instituted.— (d) Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code shall be cognizable by the court where ________________. | (d) Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code shall be cognizable by the court where the criminal action is first filed. |
| [25] Under what circumstance may the offended party intervene by counsel in the prosecution of the offense? | Where the civil action for recovery of civil liability is instituted in the criminal action pursuant to Rule 111, the offended party may intervene by counsel in the prosecution of the offense. (SEC. 16) |