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NAME _____________________________________ PERMIT NUMBER ___________

1. Define a Complaint. (5%)


2. What are the crimes that shall not shall not be prosecuted except upon a complaint filed
by the offended spouse? (4%)
3. The offenses of _________, __________ and ___________ 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.
(6%)
4. 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. (1%)
5. Enumerate the six (6) needed facts to be stated for a complaint or information to be
sufficient. (12%)
6. If the name of the accused cannot be ascertained, he must be described under a
__________name with a statement that his true name is unknown.(1%)
7. If the true name of the accused is thereafter disclosed by him or appears in some other
manner to the court, such true name shall be inserted in the complaint or information and
_______.(2%)

8. Enumerate the places where action is to be instituted. (10%)

9. What are the effect of death on civil actions? (10%)


10. Give at least five crimes against persons. (10%)
11. Enumerate the 4 officers who may conduct preliminary investigations. (8%)
12. Within ten (10) days from receipt of the subpoena with the complaint and supporting
affidavits and documents, what will the respondent do? (2%)

13. Gary who lived in Taguig borrowed P1 million from Rey who lived in Makati under a
contract of loan that fixed Makati as the venue of any action arising from the contract.
Gary had already paid the loan but Rey kept on sending him letters of demand for some
balance. Where is the venue of the action for harassment that Gary wants to file against
Rey? Explain. (10%)
14. Saturnino filed a criminal action against Alex for the latter’s bouncing check. On the date
of the hearing after the arraignment, Saturnino manifested to the court that he is reserving
his right to file a separate civil action. The court allowed Saturnino to file a civil action
separately and proceeded to hear the criminal case. Alex filed a motion for
reconsideration contending that the civil action is deemed included in the criminal case.
The court reconsidered its order and ruled that Saturnino could not file a separate action.
Is the court’s order granting the motion for reconsideration correct? Why? (10%)