MOLINA, ALLAN A.

PRELIM EXAMINATION
REMEDIAL LAW

1. As a matter of course, a criminal action is instituted through direct filing of

a complaint in court when the penalty of the crime committed is punishable
within the range of Four years, two months and one day below. A criminal
action may also be instituted by way of information after the prosecutor
determined a probable cause or there is a probability of conviction that a
crime is indeed committed. When the complaint or information is filed in
court, the judge shall determine as judicial determination if there is a probable
cause that a crime is committed. Thereafter, the judge shall either dismiss the
case, or issue a warrant of arrest for the capture of the accused. The accused
shall enter his plea of guilty or not guilty upon arraignment. After
arraignment, trial shall proceed with or without the accused presence in court.
However, when the court shall render its judgement after a full blown trial,
the presence of the accused is indispensable during the promulgation of the
judgement.

2. The public prosecutor is mandated by law to prosecute crimes committed

against the people of the state because what law violated is the law of the
people of the Philippines. The participation of the private complainant is
limited only to as a witness. The private complainant may prosecute the civil
aspect of his case by engaging the services of a private prosecutor provided
however, that the private prosecutor shall be under the direct control and
supervision of the public prosecutor and provided further that in the absence
of available public prosecutor in the court where the case is filed, the private
prosecutor is armed with an authority from the regional prosecutor to
prosecute the case of the complainant.

3. A complaint is an initiatory pleading instituted to file an action in criminal,

civil or administrative in any fora. In criminal cases, it is filed directly in court
which has jurisdiction of the case and when the case is punishable below four
years, two months and one day. While an information is an initiatory pleading
filed by the public prosecutor after conducting a preliminary investigation and
he believed that there exist a probable cause or probability of conviction that
the accused has committed the crime charged. In a criminal complaint, there
is no need for preliminary investigation while an information is filed after the
conduct of preliminary investigation.

4. None. The validity of the information is not affected.

Under the variance doctrine, there is no violation on the right of the accused
to be informed of the nature of the crime charged against him if the crime
proved also has the elements of the crime charged. In this case, the crime
charged is murder, the crime of murder is in nature a homicide, however, it is
qualified to murder if the commission of the crime is attended by a qualifying
circumstances provided under the Revised Penal Code. Since the crime
charged has the same elements of the crime proved, the discrepancy in the
nature of the crime charged and the crime proved does not in any way affect
the validity of the information.
5. Probable cause is defined by jurisprudence as the moral certainty that the
accused indeed committed a crime. That the facts and pieces of evidence
would lead a cautious man to believe that a crime is committed. Probable
cause is needed to be established if the crime committed carries with it the
penalty of more than four years.

6. Inquest proceeding is a proceeding wherein a public prosecutor shall

inquest an accused caught in flagrante delicto. It is only the public prosecutor
can conduct an inquest proceeding.

7. Warrantless arrest is justified when the accused is caught in flagrante

delicto, the accused is an escapee, the accused jumped bail and when in
extraordinary circumstances or in the course of a valid search, the authority
unconsciously or indiscriminately found an evidence in committing a crime
within the reach and control of the accused. A warrantless arrest may be
effected by a private individual if the accused is in flagrante delicto or any of
the police authorities.

8. Yes. A bondsman can post bail even he is not the accused or he is not in
detention. A person of good reputation may file a recognizance bail who is not
necessary the accused or a detainee.

9. The judgement is void.

Jurisprudence is instructive that while it is true that the accused pleaded
guilty, the case should be decided based on the merits, sufficiency of the pieces
of evidence presented by the prosecution to warrant conviction. The mere plea
of guilty by the accused is not a magic formula to dispense the reception of
evidence and immediately deciding the case. Hence, the decision is a nullity.

10. No. The information must contain specific offense charged. It is

elementary in criminal procedure that the accused must be apprised of the
offense charged for him to prepare an intelligent defense. The multiplicity of
offenses charged in one information is a clear violation of the constitutionally
guaranteed right of the accused to be informed of the crime charged against
him.