INSTRUCTIONS:
— A __________is a __________charging a person
1. This questionnaire contains three (3) pages including this page. Check the
number of pages and their proper sequencing. You may write notes on this
questionnaire.
2. Answer the questions legibly, clearly, and concisely.
3. Do not write your name or any extraneous note/s or distinctive marking/s on
your Notebook that can serve as an identifying mark/s (such as names that are
not in the given questions, prayers, or private notes to the Examiner). Writing,
leaving, or making any distinguishing or identifying mark in the Notebook is
considered cheating and can disqualify you.
YOU CAN BRING HOME THE QUESTIONNAIRE.
JUSTICE NORMAN RALPH EMBERLON M. PESCADO
Chairperson
2035 Bar Examinations
TEST 1.
Section 1. Institution of criminal actions. — Criminal actions shall be instituted as
follows:
(a) For offenses where a __________ is required pursuant to section 1 of Rule
112, by filing the __________ with the proper officer for the purpose of
__________ the requisite ____________________.
(b) For all __________ offenses, by filing the __________ or __________
directly with the __________ and __________, or the complaint with the
__________. In __________ and other chartered cities, the complaint shall be
filed with the office of the __________ unless otherwise provided in their
__________.
The __________ of the __________shall __________ the running period of
__________ of the offense charged unless otherwise provided in __________. (1a)
Section 2. The Complaint or information. — The __________ or __________ shall
be in __________, in the name of the __________and against all persons who appear
to be responsible for the offense involved. (2a)
Section 3. Complaint defined.
with an __________, subscribed by the __________, __________, or
__________charged with the enforcement of the law violated. (3)
Section 4. Information defined. — An __________ is an __________ in __________
charging a person with an offense, subscribed by the _____________ and filed with
the _____________. (4a)
Section 5. Who must prosecute criminal actions. — All _____________commenced
by a _____________ or _____________ shall be _____________ under the
_____________and _____________ of the ___________. In case of ____________
of the public prosecutor or in the event of ___________________, the private
prosecutor may be authorized in _______ by the ___________________ or the
Regional _____________ to prosecute the case subject to the __________ of the
Court. Once so authorized to __________ the criminal action, the _____________
shall continue to prosecute the case up to _______ of the _________ even in the
_______ of the __________, unless the __________ is _________ or otherwise
___________. (as amended)
The crimes of ___________ and _________ shall not be _________ except upon a
complaint filed by the _________. The offended party cannot institute criminal
prosecution without including the _________, if both alive, nor, in any case, if the
offended party has _________ to the offense or _________ the offenders.
The offenses of _________, _________ and _________shall not be prosecuted except
upon a _________ filed by the _________ or her _________, _________ or
_________, nor, in any case, if the _________ has been _________by any of them. If
the offended party _________ or becomes _________ before she can file the
_________, and she has no known _________, _________ or _________, the
_________ shall initiate the criminal action in her behalf.
The _________, _________, has the _________ to initiate the prosecution of the
offenses of _________, _________ and _________ independently of her parents,
grandparents, or guardian, unless she is _________ or _________. Where the
offended party, who is a _________, fails to file the complaint, her _________,
_________, or _________ may file the same. The right to file the action granted to
parents, grandparents or guardian shall be _________of all other persons and shall be
exercised _________ in the order herein provided, except as stated in the preceding
paragraph.
No criminal action for _________which consists in the imputation of the offenses
mentioned above shall be _________ except at the instance of and upon complaint
filed by the _________. (5a)
The prosecution for violation of _________shall be governed by the provisions
thereof. (n)
Section 6. Sufficiency of complaint or information. — A complaint or information is
_________ if it states the __________________; the
____________________________________; the
____________________________________; __________________; the
____________________________________; and the
____________________________________.
When an offense is committed by __________________, all of them shall be
included in the complaint or information. (6a)
Section 7. Name of the accused. — The complaint or information must state the
__________________ of the accused or any __________________by which he has
been or is known. If his name cannot be __________________, he must be described
under a __________________ with a statement that his true name is unknown.
If the true name of the accused is thereafter __________________ by him or appears
in some other manner to the court, such true name shall be ______________or
information and record. (7a)
Section 8. Designation of the offense. — The complaint or information shall state the
______________given by the statute, aver the acts or omissions constituting the
offense, and specify its ____________________________. If there is no designation
of the offense, ______________ shall be made to the ______________of the statute
punishing it. (8a)
Section 9. Cause of the accusation. — The ______________complained of as
constituting the offense and the qualifying and aggravating circumstances must be
stated in ______________language and not ______________ in the language used in
the statute but in terms ______________ to enable a person of common
understanding to know what offense is being charged as well as its qualifying and
aggravating circumstances and for the court to pronounce judgment. (9a)
Section 10. Place of commission of the offense. — The complaint or information is
______________ if it can be understood from its allegations that the offense was
committed or some of the ______________occurred at some place within the
______________of the court, unless the particular place where it was committed
constitutes an ______________of the offense or is necessary for its identification.
(10a)
Section 11. Date of commission of the offense. — It is not necessary to state in the
complaint or information the ______________the offense was committed except
when it is a ______________of the offense. The offense may be alleged to have been
committed on a date ______________to the actual date of its commission. (11a)
Section 12. Name of the offended party. — The complaint or information must state
the ______________ and ______________of the person against whom or against
whose property the offense was committed, or any ______________ or
______________ by which such person has been or is known. If there is no better
way of identifying him, he must be described under a ______________.
(a) In offenses against ______________, if the name of the
______________is ______________, the property must be described with
such ______________ as to properly ______________ the offense charged.
(b) If the true name of the of the person against whom or against whose
properly the offense was committed is thereafter ______________ or
______________, the court must cause the ______________to be inserted in
the complaint or information and the ______________.
(c) If the ______________is a ______________, it is sufficient to state its
name, or any ______________ or ______________ by which it is known or
by which it may be identified, ______________of averring that it is a
______________or that it is ______________ in accordance with law. (12a)
Section 13. Duplicity of the offense. — A complaint or information must charge but
______________, except when the law prescribes a ______________for various
offenses. (13a)
Section 14. Amendment or substitution. — A complaint or information may be
______________, in form or in substance, ______________, at any time before the
accused enters his ______________. After the plea and during the trial, a
______________ may only be made with ______________and when it can be done Section 16. Intervention of the offended party in criminal action. — Where the
without causing ______________to the rights of the ______________. ________ action for recovery of ________ liability is instituted in the criminal action
pursuant to ________, the ________ party may ________ by counsel in the
However, any ______________, which ______________ the nature of the offense prosecution of the offense. (16a)
charged in or ____________________________from the complaint or information,
can be made only upon ____________________________, with ______________
and with ______________. The court shall state its reasons in resolving the motion
and copies of its order shall be furnished all parties, especially the ______________. -NOTHING FOLLOWS-
(n)

If it appears at any time ______________that a mistake has been made in charging

the proper offense, the court shall ______________ the original complaint or
information upon the filing of a new one charging the proper offense in accordance
with section 19, Rule 119, provided the accused shall not be placed in
______________. The court may require the witnesses to give bail for their
appearance at the trial. (14a)

Section 15. Place where action is to be instituted. —

(a) Subject to ______________, the criminal action shall be instituted and

tried in the court of the ______________ or ______________where the
______________ was ______________ or where any of its
______________occurred.

(b) Where an offense is committed in a ______________, ______________,

or other ______________ or ________ while in the course of its ________,
the criminal action shall be instituted and tried in the court of any municipality
or territory where such ________, ________ or ________passed during such
its ________, including the place of its ________ and ________.

(c) Where an offense is committed on board a ________ in the course of its

________, the criminal action shall be instituted and tried in the court of the
________________or of any ________ or ________ where the ________
passed during such ________, subject to the
________________________________.

(d) Crimes committed outside the Philippines but punishable under ________
of the Revised Penal Code shall be cognizable by the court where the criminal
action is ________ filed. (15a)