EXAM 1 ANSWERS:

Multiple Choice and Essay (15 & 4-7)

15. In complex crimes, how is the jurisdiction of a court determined?

 Jurisdiction over the whole complex crime must logically be lodged with the trial court having jurisdiction to
impose the maximum and most serious penalty imposable on an offense forming part of the complex crime.
(Tulor vs. Hon. Garcia G.R. No. L-46934 April 15, 1988)

4. C
5. B
6. A
7. A

True or False

7. True
8. True
9. True

EXAM 2 ANSWERS:
Essay (4 & 9)

4. What is the purpose of preliminary investigation?

 In the case of Ang-Abaya v. Ang, a preliminary investigation is in effect a realistic judicial appraisal of the
merits of the case; sufficient proof of the guilt of the criminal respondent must be adduced so that when the
case is tried, the trial court may not be bound, as a matter of law, to order an acquittal. Although a preliminary
investigation is not a trial and is not intended to usurp the function of the trial court, it is not a casual affair;
the officer conducting the same investigates or inquires into the facts concerning the commission of the crime
with the end in view of determining whether or not an information may be prepared against the accused.
After all, the purpose of preliminary investigation is not only to determine whether there is sufficient ground
to engender a well-founded belief that a crime has been committed and the respondent therein is probably
guilty thereof and should be held for trial; it is just as well for the purpose of securing the innocent against
hasty, malicious and oppressive prosecution, and to protect him from an open and public accusation of a
crime, from the trouble, expense and anxiety of a public trial. More importantly, in the appraisal of the case
presented to him for resolution, the duty of a prosecutor is more to do justice and less to prosecute. ( Gi taas
nako siya ug copy para kamo na bahala mag cut)

9. If an information was filed in the RTC-Manila charging D with homicide and he was arrested in
Quezon City, in what court or courts may he apply for bail? Explain.
 D may apply for bail in any regional trial court of Quezon City. As provided for under Sec. 17, Rule 114 of
the Rules of Criminal Procedure, if the accused is arrested in the province, city or municipality other than
where the case is pending, bail may be filed with any regional trial court of said place. In this case, D was
arrested in Quezon City, thus bail may be applied for in any of the regional trial courts of that place.

True of False (7-9)

7. False
8. False
9. True