BS CRIM

MIDTERM

I.MULTIPLE CHOICE (60 PTS.)

1. Jurisdiction of the court over the offense is determined
A. At the time of the institution of the action
B. At the time of the arrest of the accused
C. At the time of voluntary surrender of the accused
D. At the time of the commission of the offense

2. Which of the following is false.

A. A complaint is a sworn statement
B. Information must be sworn to
C. Information is filed with the court
D. A complaint is subscribed by the offended party, any peace officer or other officer
charged with the enforcement of the law violated

3. In criminal cases covered by the rules on summary procedure shall be deemed commenced
only when it is filed in
A. The Prosecutor's office
B. Lupon of the Barangay
C. The Court
D. None of the above

4. Information may be amended as to the name of the

accused, but such amendment cannot be questioned for the first time on appeal.
A. True
B. Partially true
C. False
D. Partially false

5. Conviction for robbery cannot be sustained if there is a variance between the allegation
and the proof as to the
ownership of the property stolen.
A. True
B. False
C. Partially false
D. Partially true

6. If facts do not completely allege all the elements of the crime charged, the info may be
quashed; however, the prosecution is allowed to amend the info to include the necessary
facts.
A. True
B. Partially true
C. False
D. Partially false

7. Information need only allege facts, not include all the

evidence which may be used to prove such facts
A. True
B. False
C. Partially true
D. Partially false

8. Approximation of time is sufficient; amendment as to time is only a formal amendment;

no need to dismiss case.
A. True
B. False
 C. Partially true
D. Partially false

9. Conviction may be had even if it appears that the crime was committed not at the place
alleged, provided that the place of actual commission was within the court’s jurisdiction
and accused was not surprised by the variance between the proof and the information.
A. True
B. False
C. Partially true
D. Partially false

10. In which of the following cases may only the offended

spouse may file the complaint.
A. Rape
B. Seduction
C. Adultery and Concubinage
D. Acts of lasciviousness

11. Defined as the joinder of separate and distinct offenses in one and the same
information/complaint
A. Motion to Quash
B. Duplicity of offense
C. Double Jeopardy
D. None of the above

12.The civil action involves an issue similar or intimately

related to the issue raised in the criminal action.
A. Duplicity of offense
B. Double Jeopardy
C. Prejudicial question
D. None of the above

13. Sworn written statement charging a person with an offense, subscribed by the offended
party, any peace officer or other public official charged with the enforcement of the law
violated.
A. Information
B. Complaint
C. Affidavit
D. Memorandum

14. Accusation in writing charging a person with an offense, subscribed by the fiscal and
filed with the court.
A. Information
B. Complaint
C. Affidavit
D. Memorandum

15. ____and____ courts gain jurisdiction over the offense upon the filing of complaint by a
complainant or an information by the prosecuting officer.
A. MTC and CA
B. MTC and SC
C. MTC and SB
D. MTC and RTC

16. Remedies of offended party when fiscal unreasonably

refuses to file an information or include a person therein as an accused.
A. In case of grave abuse of discretion, action for mandamus
B. Lodge a new complaint against the offenders
C. Take up matter with the Secretary of Justice
 D. All of the above

17. In Municipal Trial Courts and Municipal Circuit Trial Court criminal actions are
instituted by
A. By filing a complaint with the appropriate officer for the purpose of conducting
requisite preliminary investigation therein.
B. By filing the complaint ONLY with the office of the fiscal
C. By filing the complaint or information directly with said courts, or a complaint with
the fiscal’s office
D. None of the above

18. Which of the following offenses is subject to summary

procedure.
A. Violation of traffic laws
B. Violation of municipal or city ordinance
C. Violation of rental laws
D. All of the above

19. Qualifying and inherent aggravating circumstances need to be alleged as they are integral
parts of the crime.
If proved, but not alleged, become only generic aggravating circumstances.
A. True
B. False
C. Partially true
D. Partially false

20. The filing of the complaint even with the fiscal’s office
should suspend the running of the Statute of Limitations.
This is
A. True
B. False
C. Partially false
D. None of the above

II. ESSAY (40 PTS)

1. Is violence or unnecessary force necessary in making an arrest?

2. Under Sec. 5, Rule 113, a warrantless arrest is allowed when an offense has just been
committed and the peace officer has probable cause to believe, based on his personal
knowledge of facts or circumstances, that the person to be arrested has committed it.
A fellow policeman approaches you for an advice and asks you how he will execute a
warrantless arrest against a murderer who escaped after killing a person. The said
policeman arrived two (2) hours after the killing and a certain Max was allegedly the
killer per information given by a witness. He asks you to clarify the following: How long
after the commission of the crime can he still execute the warrantless arrest?
3. What is Preliminary Investigation? (5pts.)
4. Is designation of the offense an essential element of the complaint or information?
Why? Give the exception, if any.

-THE END.bjce-