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NAME _____________________________________ PERMIT NUMBER ___________

1. Define an Information. (5%)

2. What is a Preliminary Investigation? (5%)

3. Why is it that Preliminay Investigation is also called a 4-2-1 rule?(5%)

4. Enumerate the five (5) officers who can conduct a PI. (5%)

5. Enumerate the procedure in conducting a PI. (20%)

6. When may warrant of arrest be issued by the Regional Trial Court? (5%)

7. When is warrant of arrest not necessary? (5%)

8. AX swindled RY in the amount of P10,000 sometime in mid-2003. On the strength of the sworn
statement given by RY personally to SPO1 Juan Ramos sometime in mid-2004, and without securing a
warrant, the police officer arrested AX. Forthwith the police officer filed with the City Prosecutor of
Manila a complaint for estafa supported by RY"s sworn statement and other documentary evidence.
After due inquest, the prosecutor filed the requisite information with the MM RTC. No preliminary
investigation was conducted either before or after the filing of the information and the accused at no
time asked for such an investigation. However, before arraignment, the accused moved to quash the
information on the ground that the prosecutor suffered from a want of authority to file the information
because of his failure to conduct a preliminary investigation before filing the information, as required by
the Rules of Court. Is the warrantless arrest of AX valid? Is he entitled to a preliminary investigation
before the filing of the information? Explain. (10%)

9. A filed with the Office of the Fiscal a Complaint for estafa against B. After the preliminary
investigation, the Fiscal dismissed the Complaint for lack of merit. May the Fiscal be compelled by
mandamus to file the case in court? Explain. (5%)

10. Differentiate amendment from substitution of complaint or information? (5%)

11. Give at least five crimes against property. (10%)

12. 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%)