Liability for Damages in Criminal and Civil Cases

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When should the right to preliminary investigation be invoked?

After the verdict has been reached

After the trial has commenced

After the plea has been made

Before the plea (correct)

Is a new preliminary investigation required if the complaint or information is substituted?

Only if requested by the defense

Only if requested by the prosecution

No

Yes (correct)

Who has the authority to conduct investigations during a preliminary investigation?

Multiple authorities including Provincial or city prosecutors (correct)

Judges of the MTCs only

RTC Judges only

PCGG officials only

Can RTC judges conduct a preliminary investigation?

No, their authority is limited to issuing warrants of arrest Signup and view all the answers

What happens if there are facts and issues that need clarification during a preliminary investigation?

A hearing is set by the investigating officer Signup and view all the answers

When should the preliminary investigation be terminated?

Within 5 days of commencement Signup and view all the answers

Who determines whether there is probable cause to hold the respondent for trial after a preliminary investigation?

The investigating officer Signup and view all the answers

What is the effect of the institution of a criminal action on the period of prescription of the offense?

It interrupts the running of the period of prescription. Signup and view all the answers

For violations of special laws, when are the prescriptive periods interrupted?

By the institution of judicial proceedings for investigation and punishment. Signup and view all the answers

In what stage is a criminal action considered 'instituted'?

Upon filing a complaint for preliminary investigation. Signup and view all the answers

What can a complainant do if the Secretary of Justice refuses to allow the filing of a criminal complaint due to insufficiency of evidence?

File a civil action for damages against the offender Signup and view all the answers

What are the remedies available to a party against whom a warrant of arrest has been issued?

Post bail, ask for reinvestigation, petition for review, motion to quash Signup and view all the answers

When a judge conducts the preliminary investigation, what is the procedure after its termination?

The judge transmits the resolution to the provincial or city prosecutor Signup and view all the answers

What standard of proof must the prosecution establish to defeat the presumption of innocence in criminal cases?

Proof of guilt beyond reasonable doubt Signup and view all the answers

Which term describes the combination of inquisitorial and accusatorial systems in the judicial setup of the Philippines?

Mixed system Signup and view all the answers

What type of laws and rules govern the procedural administration of criminal justice under the generic term 'criminal procedure'?

Network of laws and rules Signup and view all the answers

In the Philippines, what is the nature of the judicial set-up with regards to criminal cases?

Adversary in nature Signup and view all the answers

Liability for Damages in Criminal and Civil Cases

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