Philippine Bar review · Question

Practice question: Continuous/Continued Crime (Delito Continuado) vs. Continuing/Transitory Crime

Multiple Choice Hard

Practice question

One offense’s essential ingredients occur in CitiesA andB. The accused is arrested in CityC, where none occurred. No special venue rule applies. The prosecutor says arrest there alone makesC the proper territorial venue and converts the case into a new substantive offense. Which is correct?
  1. Arrest alone does not meet Section15(a), and venue does not itself create another crime
  2. Every custody site necessarily creates a new offense
  3. Venue and substantive crime count are identical
  4. The arresting officer may disregard essential ingredients
  5. Any city is always interchangeable

Legal references

  • Navaja v De Castro GR180969 September11,2017 MAIN, single preliminary-investigation obstruction design: https://lawphil.net/judjuris/juri2017/sep2017/gr_180969_2017.html
  • Rule110 Section15(a), place of institution and trial: https://lawphil.net/courts/rules/rc_110-127_crim.html

Answer this question in flashcards to review your response and continue practicing.