JULY 2018 CLASS

I. COVERAGE: RULE 110

II. QUESTIONS

1. How are criminal actions instituted?

2. What is the effect of institution of the criminal action?

3. Can criminal action be enjoined? If yes, in what instance?

4. What is a complaint?

5. What is an Information?

6. Differentiate complaint from information?

7. Who must prosecute criminal actions?

8. Can the Fiscal refuse the prosecution of an offense?

9. Supposing A was mauled by B. The medical certificate of A

indicated that his injury requires a healing period of 15 days. What should A do
to attain justice? Should A first lodge a complaint before Barangay Conciliation
Proceeding?

10. What is the rule regarding prosecution of adultery and

concubinage?

11. Who are the persons allowed to file cases for violations of R.A
7610?

12. Can a Fiscal refuse to prosecute a crime after his motion to dismiss,
anchored on the finding of a reinvestigation that no probable cause exists, was
denied?

13. What is the test for sufficiency of a complaint or information.

14 Supposing that an information was defective because it charged a

single accused when in fact there were two, can it be raised during appeal?

16. Supposing the accused was arraigned under a wrong name, will it
invalidates the information?

17. What is the rule in the designation of the offense in the complaint?

18. What is the effect of failing to allege qualifying and aggravating

circumstance in the information but established during trial?
 19. Supposing the information for Rape failed to describe the describe
the certain circumstance as “aggravating/qualifying” will it be sufficient for the
court to appreciate those circumstances?

20. How should acts and omissions constituting offense be described

in the information?

21. Under what manner should place of commission of the offense be

alleged in the information?

22. Is it indispensable to state the exact date of commission of offense?

23. How should the offended party be mentioned in the information.

24. Should a complaint or information charge only one offense?

25. Is amendment of the information allowed?

26. What is double jeopardy?

27. What is the rule on regarding the location of institution of criminal

action?

28. What is the rule in the intervention of offended party in the

criminal case?

III. CASES FOR READING

1. Atty Miguel Paderanga v. Franklin Drilon et al., SCRA 86

2. Crespo vs Mogul

3. People vs Renandang Mamaruncas and Pendatum Ampuan, G.R. No. 179497,

25 January 2012

4. People vs Martin Cagadas Jr. et al., 193 SCRA 216

5.People vs Rodelio Aquino, 386 SCRA 392 (2002)

6. Claudio J. Teehankee v. Hon. Job Madayag et al. (SCRA 134