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Where should a criminal action be instituted if an offense is committed on board a vessel during its voyage?
Where should a criminal action be instituted if an offense is committed on board a vessel during its voyage?
What must an offended party do to reserve the right to institute a civil action separately from a criminal action?
What must an offended party do to reserve the right to institute a civil action separately from a criminal action?
What happens to the civil action for recovery of civil liability when a criminal action is instituted?
What happens to the civil action for recovery of civil liability when a criminal action is instituted?
In the context of damages, what constitutes a first lien on a judgment awarded for damages?
In the context of damages, what constitutes a first lien on a judgment awarded for damages?
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What is the rule regarding counterclaims or cross-claims in a criminal case?
What is the rule regarding counterclaims or cross-claims in a criminal case?
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Which type of damages requires the offended party to specify an amount in the complaint?
Which type of damages requires the offended party to specify an amount in the complaint?
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According to the code, which of the following statements is true about the criminal action for violation of Batas Pambansa Blg. 22?
According to the code, which of the following statements is true about the criminal action for violation of Batas Pambansa Blg. 22?
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What happens if an offended party does not reserve the right to institute a civil action separately from a criminal action?
What happens if an offended party does not reserve the right to institute a civil action separately from a criminal action?
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What must the investigating officer do within ten days after the filing of the complaint?
What must the investigating officer do within ten days after the filing of the complaint?
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What should the respondent do within ten days of receiving the subpoena?
What should the respondent do within ten days of receiving the subpoena?
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What happens if the respondent does not submit counter-affidavits within the ten-day period?
What happens if the respondent does not submit counter-affidavits within the ten-day period?
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What is the timeline for the investigating officer to determine whether there is sufficient ground to hold the respondent for trial after the investigation?
What is the timeline for the investigating officer to determine whether there is sufficient ground to hold the respondent for trial after the investigation?
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What should the respondent provide along with their counter-affidavit?
What should the respondent provide along with their counter-affidavit?
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During the hearing set by the investigating officer, what rights do the parties have?
During the hearing set by the investigating officer, what rights do the parties have?
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What is the primary purpose of the subpoena issued to the respondent?
What is the primary purpose of the subpoena issued to the respondent?
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What is required for counter-affidavits submitted by the respondent and witnesses?
What is required for counter-affidavits submitted by the respondent and witnesses?
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In which situation is a notice of appeal not necessary?
In which situation is a notice of appeal not necessary?
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What is the time limit for taking an appeal after the promulgation of the judgment?
What is the time limit for taking an appeal after the promulgation of the judgment?
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How can notice of appeal be served if personal service cannot be made?
How can notice of appeal be served if personal service cannot be made?
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What happens if an appellee waives the right to notice of an appeal?
What happens if an appellee waives the right to notice of an appeal?
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What must happen when notice of appeal is filed by the accused?
What must happen when notice of appeal is filed by the accused?
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What causes the period for perfecting an appeal to be suspended?
What causes the period for perfecting an appeal to be suspended?
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What must the stenographic reporter certify after transcribing the notes?
What must the stenographic reporter certify after transcribing the notes?
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When is an appeal considered to have been taken?
When is an appeal considered to have been taken?
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What responsibility do the executive judges of the Regional Trial Courts have regarding jails?
What responsibility do the executive judges of the Regional Trial Courts have regarding jails?
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What must judges ascertain during their inspections of jails according to the guidelines?
What must judges ascertain during their inspections of jails according to the guidelines?
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What right does an accused maintain even after applying for bail?
What right does an accused maintain even after applying for bail?
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Which right is NOT guaranteed to the accused at trial?
Which right is NOT guaranteed to the accused at trial?
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What must happen if an accused wants to challenge the legality of their preliminary investigation?
What must happen if an accused wants to challenge the legality of their preliminary investigation?
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During jail inspections, judges are expected to check for which of the following?
During jail inspections, judges are expected to check for which of the following?
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What must executive judges submit after their inspections?
What must executive judges submit after their inspections?
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What is one of the fundamental rights of an accused as stated in the document?
What is one of the fundamental rights of an accused as stated in the document?
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Under what circumstances is it unnecessary for a private person to inform the individual of the intention to arrest?
Under what circumstances is it unnecessary for a private person to inform the individual of the intention to arrest?
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When may an officer break into a building to make an arrest?
When may an officer break into a building to make an arrest?
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What is a requirement for a person summoned to assist an officer during an arrest?
What is a requirement for a person summoned to assist an officer during an arrest?
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Whose right is it to visit and confer privately with a person who has been arrested?
Whose right is it to visit and confer privately with a person who has been arrested?
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What is the definition of bail?
What is the definition of bail?
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What action can be taken if a person who has been arrested escapes?
What action can be taken if a person who has been arrested escapes?
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What form can bail be provided in?
What form can bail be provided in?
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What must an officer do if they are trying to enter a building to make an arrest?
What must an officer do if they are trying to enter a building to make an arrest?
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Study Notes
Jurisdiction and Venue
- Criminal actions for offenses onboard a vessel during its voyage are tried in the first port of entry, or where the vessel passed, following international law principles.
- Crimes committed outside the Philippines, but punishable under Article 2 of the Revised Penal Code, are cognizable by the court where the action is first filed.
Civil Action in Criminal Proceedings
- The civil action for recovery of civil liability arising from the offense is deemed instituted with the criminal action, unless waived or reserved separately.
- Offended parties can intervene in the criminal action by counsel to prosecute the offense.
Prosecution of Civil Action
- The civil action for recovery of civil liability is automatically instituted with the criminal action, unless waived or reserved separately.
- Reservation to file the civil action separately must be made before the prosecution presents its evidence.
- Filing fees for moral, nominal, temperate, or exemplary damages are a first lien on the judgment awarding such damages.
- Corresponding filing fees must be paid for specified damages other than actual damages.
- Actual damages are exempt from filing fees.
- Counterclaims, cross-claims, or third-party complaints cannot be filed by the accused in the criminal case.
Batas Pambansa Blg. 22 Violations
- The criminal action for violating Batas Pambansa Blg. 22 automatically includes the civil action.
- No separate reservation to file a civil action is permitted.
Investigation and Proceeding Process
- The investigating officer resolves the complaint based on the evidence presented by the complainant if the respondent cannot be subpoenaed or fails to submit counter-affidavits within ten days.
- A hearing may be set by the investigating officer for clarifications, where parties can be present but without the right to examine or cross-examine.
Arrest and Detainment
- Private persons arresting a person must inform them of the cause of arrest, unless it is during the commission of an offense, immediately after, or if escape or resistance is imminent.
- An officer making a lawful arrest may summon assistance to effect the arrest.
- An officer may break into a building to make an arrest after announcing their authority and purpose if refused admittance.
- An officer may break out of a building after entering lawfully to liberate themselves.
- Escaped or rescued individuals may be immediately pursued or retaken without a warrant anytime and anywhere in the Philippines.
- Attorneys and relatives can visit and confer privately with arrested individuals in jail or other places of custody.
Bail
- Bail is security given for the release of a person in custody, provided by the person or a bondsman, guaranteeing their court appearance.
- Bail is offered in the form of corporate surety, property bond, cash deposit, or recognizance.
- Judges conduct monthly personal inspections of provincial, city, and municipal jails to monitor conditions and detainees.
Rights of the Accused and Appeals
- The accused has the right:
- To be presumed innocent until proven guilty beyond a reasonable doubt.
- To be informed of the nature and cause of the accusation.
- To be present and defend in person and by counsel at every stage of the proceedings.
- To appeal to the Supreme Court when the Regional Trial Court imposes reclusion perpetua or life imprisonment, or lesser penalties for related offenses with a more serious original offense.
- Automatic review by the Supreme Court occurs for death penalty sentences imposed by the Regional Trial Court.
- Appeals to the Supreme Court in other cases are by petition for review on certiorari under Rule 45.
- Service of notice of appeal can occur by personal service, registered mail, or substituted service.
- Appeal must be taken within fifteen days from promulgation of the judgment or notice of the final order appealed from. This period is suspended during a motion for new trial or reconsideration.
- The trial court directs the stenographic reporter to transcribe their notes of the proceedings upon notice of appeal.
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Description
Explore the principles of jurisdiction and venue for criminal actions, particularly for offenses committed onboard vessels and outside the Philippines. This quiz also covers civil liabilities and the integration of civil actions with criminal proceedings. Test your knowledge on these crucial legal concepts.