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Philippine Bar review · Question

Practice question: Names of the Accused and the Offended Party

Multiple Choice Hard

Practice question

A complaint describes an injured person by an identifying fictitious designation because no better identification is available. The court later ascertains that person's true name. Separately, the corporate victim of another count is identified by its known company name. Which treatment follows Rule 110, Section 12?
  1. Dismiss both counts because natural and corporate victims require identical naming details
  2. Keep the injured person's true name out of the record permanently
  3. Require every corporate shareholder to be named as an offended party
  4. Insert the injured person's true name in the complaint or information and record; the corporation's identifying name can suffice without alleging its legal organization
  5. Treat the company as nonexistent unless a civil action is filed first

Legal references

  • Rules of Court, Rule 110, Sections 6–7 and 12.
  • Reviewed primary authority, Rule 110, Sections 6–7 and 12: https://lawphil.net/courts/rules/rc_110-127_crim.html

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