2nd Periodical Quiz

1. A complaint for adultery was filed by Thor against his wife and her paramour Loki for having
repeated sexual intercourse during the period from the year 2018 to March 15, 2019, the date of the
filing of the complaint, the latter knowing his co-defendant to be a married woman. The defendant-wife
entered a plea of guilty and was sentenced to suffer four months of arresto mayor. After serving the
penalty, Thor filed on September 17, 2019 another complaint for adulterous act committed by his wife
and Loki from March 16, 2019 up to said date of filing the second complaint. Loki and defendant-wife
each filed a Motion To Quash on the ground that they would be twice put in jeopardy of punishment for
the same offense. The trial court held that the adulterous acts must be deemed one continuous offense
in both complaints being the same and identical persons and the acts having taken place continuously
during the years 2018 and 2019. The trial court ratiocinated that the acts giving rise to adultery in both
cases constitute one offense within the scope of the provision, “No person shall be twice put in jeopardy
of punishment for the same offense.” Is the trial court correct? Explain why or why not.

2. What is the test as to whether an accused is prejudiced by an amendment of a complaint or

information?

3. When a criminal action is instituted, the civil action for the recovery of civil liability is impliedly
instituted with the criminal action. What is the rationale for the rule? Then, what is the implication of
the rule upon the filing of the complaint or information even without any allegation of damages?

4. How should the person to be arrested be described in the warrant, if his name is unknown,
since by jurisprudential precedent a warrant for the apprehension of an unnamed party is void?

5. A policeman finds a fugitive from jail and demands his surrender. The latter instead of doing so,
attacks the peace officer with a piece of bamboo pointed in the shape of a lance. The latter fires at the
fugitive’s arm but missed. The criminal runs away without parting with his weapon. The peace officer
pursued and fires again, this time hitting the criminal and killing him. May the policeman claim
exemption from criminal liability on the ground that the force he used was necessary?