SPO1 Torete would like to file a criminal complaint of simple theft against Juan who

stole the chicken of Mang Kanor. On which court has original jurisdiction over this case?
Municipal Trial Court
Regional Trial Court
Supreme Court
Court of Appeals
A
A crime of murder was committed by Juan in Legaspi St. Roxas City. On which court
would the information be filed?
RTC in Mambusao Capiz
RTC in Roxas City
MTC in Roxas City
MTC Maayon, Capiz
B
Which of the following felony is required by law to have preliminary investigation?
Homicide
Slight Physical Injuries
Theft
Discharge of firearms
A
Which of the following is Not a requisite in order to acquire criminal jurisdiction over the
case?
Jurisdiction over the subject matter
Jurisdiction over the person of the accused
Jurisdiction over the territory
Jurisdiction over the penalty imposed
D
When we say jurisdiction over the subject matter, it means that:
The court have jurisdiction over the offense by virtue of the imposable penalty and its
nature.
The power over the person accused of violating a law has been lawfully acquired
by arrest or voluntary submission to the court's jurisdiction.
The place where the crime is committed confers the court territorial jurisdiction over that
case.
The action should be instituted and tried in the municipality or territory where offense has
been committed or where any one of the essential ingredients thereof took place.
A
It is one by which the State prosecutes a person for an act or omission
punishable by law.

Criminal action
Criminal complaint
Criminal jurisdiction
Criminal trial
A
When we say jurisdiction over the person, it means that:
The court have jurisdiction over the offense by virtue of the imposable penalty and its
nature.
The power over the person accused of violating a law has been lawfully acquired
by arrest or voluntary submission to the court's jurisdiction.
The place where the crime is committed confers the court territorial jurisdiction over that
case.
The action should be instituted and tried in the municipality or territory where offense has
been committed or where any one of the essential ingredients thereof took place.
B
Juan was convicted by final decision of the MTC. Juan is not satisfied with the result of
the decision of the MTC. He would like to make an appeal. Where should Juan file his
appeal?
MTC
RTC
Court of Appeals
Supreme Court
B

It is a sworn written statement charging a person with an offense

executed and subscribed by the offended party, any peace officer, or other
public officer charged with the enforcement of the law violated.

Information

Complaint

Resolution

Affidavit

B
A criminal complaint is filed against Juan, however Juan does not
understand some of the stipulations in the criminal complaint. What remedy
should Juan do?

File a Motion to Dismiss

File Motion of Bill of Particulars

File Motion to Quash

File Motion for Reconsideration

Juan committed Concubinage. Under the Rules of Court, who may prosecute
the case?

The City Prosecutor

Wife of Juan

Private Attorney

Police Officer on duty

It is an inquiry or proceeding to determine whether there is sufficient ground

to engender a well-founded belief that a crime has been committed and the
respondent is probably guilty thereof, and should be held for trial.

Preliminary investigation

Prejudicial question

Arraignment

Bail

Juan is charged of the crime of Murder after having caught in flagrante

delicto. Juan is allowed to post bail for his temporary freedom

True

False

Ans. False
Juan is charged of the crime Homicide. Juan is allowed to post bail for his
temporary freedom.

True

False

Ans. True

Juan is arrested by virtue of a warrantless arrest. Which of the following

should follow next?

Preliminary investigation

Inquest proceedings

Post Bail

Arraignment

It is a formal court hearing where a person accused of committing a crime is

advised of the charges and enters a plea.

Preliminary investigation

Inquest proceedings

Arrest

Arraignment

A restraint on person, depriving one of his own will and liberty, binding him
to become obedient to the will of the law.

Preliminary investigation

Inquest proceedings

Arrest

Arraignment

C
when an offense has just been committed and he has probable cause to
believe based on personal knowledge of facts or circumstances that the
person arrested has committed it.

Hot pursuit
Flagrante delicto
Arrest
Probable cause
A
Pedro a bystander, informed PO3 Travis that Juan stole the television of Martinez. PO3
Travis arrested Juan based on the information made by Pedro. Is the arrest valid?
Yes
No
Ans. NO

PO3 Travis while patrolling the street of Roxas Avenue, saw Juan hacked a bystander
and run away. PO3 chased Juan and arrested him. Is the arrest valid?
Yes
No
Ans. NO

Below is the copy of criminal complaint filed by SPO3 Bermil. Give your comment
whether it has satisfied the requirements and the elements are present. Discuss the
elements of Rape (10 pts)

OFFICE OF THE PROVINCIAL PROSECUTOR

Roxas City, Capiz

People of the Philippines Criminal Case NO.:__________

Plaintiff,

-Versus FOR: CONSUMATED RAPE

Under Article 266 in relation to the inti-
Rape law of the Revised Penal Code of
the Philippines

JASON PERAL
Respondent
x-------------------x

CRIMINAL COMPAINT
 The undersigned NICKIE PERAL, after having been sworn to in accordance with law,
hereby accuses JASON PERAL, of legal age, Filipino, and a resident of Sitio Kalubihan, Brgy.
Casanayan, Pelar, Capiz, for the crime of CONSUMATED RAPE, Under Article 266 in relation to
the inti-Rape law of the Revised Penal Code of the Philippines, committed as follows;

That on or about 4:30 o’clock in the evening of December 10, 2021 at, Sitio Kalubihan,
Brgy. Casanayan Municipality of Pelar, Province of Capiz, Philippines, and within the jurisdiction
of this Honorable Provincial Prosecutor’s Office, the above named respondent did, being then the
legitimate father of one “Isabela” not her real name,, a minor, 12 years of age, with lewd design
and by means of force and intimidation employed upon the latter, did then and there wilfully,
unlawfully and feloniously lie and have sexual intercourse with said against the latter's will and
without her consent, which act and condition is prejudicial to the development of the said minor
victim. On 10 December 2021, “Isabela” had been alone in their house from school when her
father arrived. After taking a bath, appellant dragged “Isabela” to the room, laid her on the bed,
removed her undergarments, placed himself on top of her and had carnal knowledge of her. She
could not scream in protest, cowered into silence by appellant's threat to kill “Isabela's mother
Nickie Lopez if her ordeal comes to force. And for the second time the accused was caught by
“Isabela’s mother and reported the accident.

Isabela”  was subjected to a physical examination by Dr. Peral. Said examination

revealed that “Isabela” was in a non-virgin state physically and that there were no external signs
of application of any form of trauma on the genital area. The labia majora or the outer lips of the
female genital area or the reproductive external structures were slightly open and were
erythematous or reddish due to a possible recent trauma to the area. The labia minora was
slightly thickened. Attenuated hymen with shallow healed laceration at 6 o'clock position meant
there was injury at the lower portion of the hymen. The laceration or injury of the hymen could
have been caused by the introduction or penetration of a blunt instrument in the vaginal canal.
These findings were embodied in a Medico Legal Report dated 15 December 2021 which Dr.
Peral identified in court. Dr. Peral further testified that the physical and genital examination
corroborated the verbal interview of the victim.

ACT CONTRARY TO LAW

______day of December 2021
Roxas City, Philippines

Erika Louise Bermil

Police Master
Sergeant
Investigator officer

Approved for Filling:

Leni Robredo
Police Captain
Officer in-charge

SUBSCRIBE AND SWORN to before me this____day of December 2021 at City of

Roxas, City, Philippines
2. Here is the case filed by PSMS Garcimo. Discuss whether it has satisfied the
requirements of a criminal complaint. Discuss the elements of Robbery. (10 pts)

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE PROVINCIAL PROSECUTOR
ROXAS CITY

PSMS ROLDAN GARCIMO, N.P.S NO.

____________________
Complainant,

FOR: ROBBERY
under Art. 302 of
Revised Penal Code - versus -

JOHN B. LACTZON,
Accused
x-------------------------------------x

CRIMINAL COMPLAINT

The Undersigned Investigator, after having been duly sworn to in accordance with
the law, hereby accuses John B. Lactzon, 28 years old, widowed, tricycle driver and a
resident of Brgy. Cogon, Roxas City, Capiz for the Crime of Robbery under Article
302 of the Revised Penal Code, committed as follows:

That on or about 11:30 PM of September 15, 2021 at Brgy. Cogon, Roxas City,
Capiz, Philippines within the jurisdiction of this Honorable Prosecutor’s Office, the
above-named accused did then and there willfully, unlawfully, and feloniously with
intent to gain, by means of force upon things, forcibly entered the uninhabited dwelling
of Roly N. Dadip, 44 years old, married, business man, and also a resident of Brgy.
Cogon, Roxas City, Capiz by destroying the two (2) windows at the back of the house
using a crowbar, where the accused got entry and once inside, the said accused took,
robbed and carried away Asus Zen Book 13 Laptop worth 60,000 Pesos, belonging to
Roly N. Dadip, Oppo Reno 5G Smartphone worth 23,000 Pesos along with a cash worth
8,000 pesos, belonging to Roly N. Dadip’s Wife, which constitutes for a crime of
Robbery under Article 302 of the Revised Penal Code, wherein the photos provided from
the CCTV footage of the house dated September 16, 2021 are hereto attached and made
as an integral part of the complaint.

CONTRARY TO LAW
____day of September 2021
Roxas City, Philippines
 ROLDAN
F. GARCIMO
Police Senior Master Sergeant
Investigation
Officer

Approved for Filing:

RALPH HUMPREY F. ABENDAN

Police Captain
Officer-in-Charge

SUBSCRIBE AND SWORN to before me this ___ day of September 2021 at

Roxas City, Capiz, Philippines

ENCLOSURES:

1. Photos taken from the CCTV Footage per requested to and granted by Roly N.
Dadip, owner of the house).
2. Photo of the possible entry and exit.
3. Photo and description of the stolen property.

1. Photos taken from the CCTV Footage per requested to and granted by
Roly N. Dadip, owner of the house).