V. PRACTICAL EXERCISES

Question 1

what are the big parts of a Criminal Complaint?

Answer 1

Certainly! Breaking down the sample criminal complaint into a more organized format can help in remembering its structure for bar exam preparation. Here’s a breakdown with explanations:

1. Introduction:
   
   • Republic of the Philippines
   • Metropolitan Trial Court
   • Criminal Case No.
   Explanation: This section provides the jurisdictional information and case number for the complaint.
2. Parties Involved:
   
   • People of the Philippines
   • vs
   • Accused
   Explanation: Identifies the parties involved in the case, namely the prosecution (People of the Philippines) and the accused.
3. Body of the Complaint:
   
   • Description of the Offense:
     
     • Describes the offense allegedly committed by the accused, including the place, manner, and circumstances of the offense.
   • Contrary to Law:
     
     • Indicates that the actions of the accused are in violation of the law.
   Explanation: This section outlines the specific allegations against the accused, including the nature of the offense and the legal basis for the complaint.
4. Date and Signature:
   
   • Date and signature of the Chief of Police.
   Explanation: Provides authentication of the complaint by the Chief of Police, indicating that the allegations are based on official investigation and findings.
5. Subscribed and Sworn Before Me:
   
   • Date and signature of the Judge.
   Explanation: Confirms that the complaint was sworn before a judge, establishing its validity and adherence to legal procedures.

By breaking down the complaint into these components and understanding the purpose of each section, you can better grasp its structure and content for bar exam preparation. This approach helps in memorization and comprehension of legal documents and procedures.

Question 2

What are the parts of the information?

Answer 2

The updated information provided includes several distinct parts, each serving a specific purpose:

1. Caption: “Republic of the Philippines” - Identifies the country under whose jurisdiction the case falls.
2. Office Designation: “Office of the City Prosecutor, City of [City Name]” - Specifies the prosecuting office handling the case.
3. Title: “INFORMATION” - Clearly states the document’s purpose.
4. Body: This section contains the core details of the case:
   
   • Offense Charged: “FOR: MURDER” - Identifies the specific crime the accused is charged with.
   • Narrative of the Offense: A detailed description of the crime, including:
     
     • Date and Time
     • Location
     • Actions of the Accused
     • Description of the Victim
     • Injuries Sustained
   • Act Constituting the Offense: A concise summary of the accused’s actions that fulfill the elements of the crime.
   • Statutory Provision: Reference to the relevant law (e.g., Article 248 of the Revised Penal Code) defining the crime.
   • Circumstances Affecting the Penalty: Identifies any aggravating circumstances that might influence sentencing (e.g., treachery).
   • Other Offenses: Lists any additional crimes the accused may have committed (optional).
5. Prayer for Relief: Outlines the desired outcome of the case. In this case, it requests:
   
   • Issuance of a Warrant of Arrest
   • Trial of the Accused
   • Finding of Guilt for Murder
   • Imposition of the prescribed penalty
6. Closing:
   
   • Location and Date of Information Preparation
   • Signature of the Prosecutor with their Credentials and Contact Information
7. Verification/Subscription: A sworn statement by the prosecutor confirming the accuracy of the information.
8. Acknowledgement: Details of the notary public who administered the oath to the prosecutor.
9. Approval: In the Philippines, a mandatory section requiring the signature and approval of the City/Provincial Prosecutor before filing the information in court.

By understanding the function of each part, you can effectively navigate the structure of an Information and ensure all the necessary elements are included.