PRELIMS EXAM IN COURT TESTIMONY

I. MULTIPLE CHOICE

1. It is the authority and power of a higher court to review judgments or decisions of a lower court:
a. Appellate Jurisdiction c. General Jurisdiction
b. Original Jurisdiction d. Limited/Special Jurisdiction

2. A Complaint may be subscribed by the following, except:

a. Private Offended Party c. Prosecutor
b. Any Peace Officer d. Public Officer in charge of the
Enforcement of the law violated

3. It is the authority and power of a court to handle all other cases not falling within the jurisdiction
of any other court, tribunal or body:
a. Appellate Jurisdiction c. General Jurisdiction
b. Original Jurisdiction d. Limited/Special Jurisdiction

4. Who may file an information for the crime of abduction:

a. Private Offended Party c. Prosecutor
b. Any Peace Officer d. Grandparents

5. It is the authority and power of a court to handle cases filed or instituted for the very first time:
a. Appellate Jurisdiction c. General Jurisdiction
b. Original Jurisdiction d. Limited/Special Jurisdiction

6. Jurisdiction over the person of the accused may be obtained by:

a. Service of Search Warrant c. Voluntary Surrender
b. Subpoena d. Filing of Information in Court

7. It is the authority and power of a court to handle only a particular class of crimes:
a. Appellate Jurisdiction c. General Jurisdiction
b. Original Jurisdiction d. Limited/Special Jurisdiction

8. What is the effect of an independent civil action to the criminal action:

a. Civil Action Proceed Independently c. Criminal Action Suspended
b. Civil Action Suspended d. Jointly Proceed and Decided

9. When the accused dies his civil liability will be extinguished if he dies:
a. Before arraignment c. After arraignment
b. Before prosecution starts to present its d. After final judgment in the criminal
evidence action

10. The civil action reserved may be filed only when:

a. Before arraignment c. After arraignment
b. Before prosecution starts to present its d. After final judgment in the criminal
evidence action

II. TRUE OR FALSE:

1. The criminal action shall be suspended during the pendency of a prejudicial question.
2. The filing of the civil action against the accused shall interrupt the running of the period of
prescription for the offense charged
3. The offended party may make his reservation to file a separate civil action after final judgment in
the criminal action.
4. Where an offense does not require a preliminary investigation, the complaint may be filed directly
with the RTC.
5. Preliminary investigation is not required for crimes punishable with arresto mayor.
6. An information must always be under oath because it contains the allegations relied upon by the
prosecutor to file a case in court
7. A complaint is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court.
8. The Regional Trial Courts have jurisdiction over criminal cases involving crimes where the penalty
prescribed by law is prision correccional in the maximum.
9. The extinguishment of the civil action will also extinguish the criminal liability of the accused.
10. If the name of the offended party is unknown, he will be described under a fictitious name.
11. Upon filing of the criminal action, the independent civil action cannot proceed until final judgment
of the criminal action.
12. It is not necessary in a complaint for concubinage or adultery to include both guilty parties.
13. There can be no court without a judge, even temporarily.
14. The complaint need not be in an ordinary and concise language, but must be in a language, as used
under the law punishing the offense being charged.
15. Jurisdiction over the subject matter is based according to substantive law.

III. ENUMERATION:

1. What must be stated in the complaint or information for it to be considered sufficient? (6 points)
2. Who may file a complaint for the crime of abduction, seduction or acts of lasciviousness? (5 points)
3. What is the hierarchy of ordinary Philippine Courts, from highest to lowest? (4 points)
4. What are the 3 components of civil liability under the RPC? (3 points)
5. What are the elements of criminal jurisdiction? (3 points)

IV. ESSAY

Define Jurisdiction (5 points)