(CLJ 6) CRIMINAL PROCEDURE AND COURT TESTIMONY
  • 1. The relevance of the study of practice court is to criminology is.
A) Acquaintance with court room conduct and trial procedures
B) All of the above
C) Train criminologist how to testify effectively and properly
D) Familiarization with court personnel and legal forms
  • 2. The usual role of police officers during judicial proceedings.
A) To serve as a witness
B) To protect the accused
C) To protect the judge
D) To act as an expert witness
  • 3. This occurs when the judge enters the court room and the clerk or bailiff announces his presence.
A) Arraignment
B) Order of trial
C) Roll call of cases
D) Call to order
  • 4. When the call to order has been undertaken, it is an indication that.
A) All must rise
B) All must be silent
C) The court is in session
D) All of the above
  • 5. Which among the following is not a court personnel?
A) Policeman
B) Stenographer
C) Clerk of court
D) Interpreter
  • 6. His primary duty is to keep peace during trials.
A) Judge
B) Clerk of court
C) Policeman
D) Bailiff
  • 7. The prosecutor in a criminal case would usually utter in roll call.
A) "For the accused your honor, ready"
B) "For the plaintiff your honor, ready"
C) "For the people your honor, ready"
D) "For the state your honor, ready"
  • 8. It is a list of cases usually placed or posted on the door of a trial court.
A) Roll call of cases
B) Call to order
C) All of these
D) Calendar
  • 9. Trials and court sessions are usually.
A) Exclusive for the litigants
B) Exclusive to the litigants and their relatives
C) Open to the public
D) Open to the members of the bar
  • 10. When evidence are presented to the court, this constitutes.
A) Marking of exhibits
B) Witness oath
C) Call to order
D) Roll call of cases
  • 11. Before giving his testimony the witness must.
A) Undertake the witness oath
B) Must pledge to tell the truth
C) Must pray for truthful answers
D) Must sign his affidavit
  • 12. A procedure wherein the case number is called and the litigants represented by counsel should signify their readiness for trial.
A) Roll call of cases
B) Witness oath
C) Marking of exhibits
D) Call to order
  • 13. Primary duty of the prosecutor.
A) To prove the guilt of the accused beyond reasonable doubt
B) To see to it that due process is observed
C) To secure justice
D) To acquit the accused
  • 14. He is the lawyer for the plaintiff.
A) Counsel de officio
B) Public prosecutor
C) All of the above
D) Private prosecutor
  • 15. Another lawyer hired by the victim is designated as.
A) Counsel de officio
B) Private prosecutor
C) Counsel for the defense
D) Public prosecutor
  • 16. When an objection has been made to the testimony of the witness and the judge orders that it be sustained, the witness.
A) Is instructed to get out of the witness stand
B) Is not allowed to answer the question directed by counsel
C) Is allowed to continue and answer
D) Is instructed to sit down
  • 17. The question, "when did you first meet the accused" is an example of a.
A) Re-direct question
B) Direct examination
C) Re-cross examination
D) Cross examination
  • 18. After the evidence of the defense is presented, the next step for the order of trial is.
A) Rebuttal evidence
B) Sur-rebuttal evidence
C) Cross examination
D) Evidence for the prosecution
  • 19. It is usually used to test the credibility of the witness and leading questions may be allowed.
A) Cross examination
B) Direct examination
C) Re-direct examination
D) Re-cross examination
  • 20. It is used to establish facts wherein leading questions are not allowed.
A) Re-direct examination
B) Direct examination
C) Re-cross examination
D) Cross examination
  • 21. A person named and appointed by the court to defend an absentee defendant in suit which the appointment is made.
A) Counsel de officio
B) Attorney of record
C) Attorney at law
D) Attorney ad Hoc
  • 22. An attorney whose name must appear in the permanent record or file of the case.
A) Attorney of record
B) Counsel de officio
C) Attorney ad Hoc
D) Attorney at law
  • 23. The counsel on either side of the litigated action who is charges with the principal management and direction of party's case.
A) Lead Counsel
B) House counsel
C) Attorney in fact
D) Attorney ad Hoc
  • 24. Literally it means a friend of the court, a person with strong interest in or views on the subject matter of an action but not a party to it.
A) Counsel de officio
B) House counsel
C) Attorney in fact
D) Amicus Curiae
  • 25. A preliminary fee given to an attorney or counsel to insure and secure services and induce him to act for the client.
A) Special retainer
B) General retainer
C) Acceptance fee
D) Retaining fee
  • 26. A case involving murder is filed in the Municipal Trial Court due to a clerk’s error. As the judge, what should you do?
A) Dismiss for lack of jurisdiction
B) Proceed with trial to avoid delay
C) Forward to the Court of Appeals
D) Transfer to the Regional Trial Court
  • 27. An accused challenges the jurisdiction of the RTC claiming that the offense should be under Sandiganbayan because he’s a public official. As prosecutor, what is your proper course of action?
A) Proceed without change
B) File a motion to inhibit
C) Continue trial since jurisdiction is shared
D) Withdraw the case and refile with Sandiganbayan
  • 28. A barangay captain faces a complaint for falsification of a public document. Which court has original jurisdiction?
A) Sandiganbayan
B) Regional Trial Court
C) Court of Appeals
D) Municipal Trial Court
  • 29. A suspect is charged with reckless imprudence resulting in homicide. The case was filed with the MTC. Is this proper?
A) No, it should go to Sandiganbayan
B) Yes, since it is not intentional
C) No, jurisdiction belongs to RTC
D) Yes, since it’s a quasi-offense
  • 30. The Ombudsman dismissed a case for lack of jurisdiction. Later, the complainant filed in regular court. What principle applies?
A) Res judicata
B) Forum shopping
C) Double jeopardy
D) Doctrine of hierarchy of courts
  • 31. A drug-related case involving 10 grams of shabu is filed. Which court should try the case?
A) MTC
B) Court of Appeals
C) RTC designated as a drug court
D) Sandiganbayan
  • 32. When a lower court renders judgment on a case outside its jurisdiction, that decision is.
A) Voidable
B) Subject to appeal
C) Void
D) Valid until annulled
  • 33. The Supreme Court orders the transfer of venue of a high-profile trial. This illustrates its.
A) Supervisory power
B) Administrative control
C) Original jurisdiction
D) Appellate jurisdiction
  • 34. An appeal from the MTC in a criminal case should be filed before.
A) RTC
B) Court of Appeals
C) Sandiganbayan
D) Supreme Court
  • 35. Which court has jurisdiction over violations of city ordinances?
A) Supreme Court
B) Court of Appeals
C) RTC
D) MTC
  • 36. When a juvenile offender is charged with robbery with homicide, where must the case be filed?
A) Juvenile Justice Board
B) MTC
C) Sandiganbayan
D) Family Court (RTC branch)
  • 37. A case involving graft and corruption by a mayor is filed in the RTC. What happens?
A) RTC refers to Sandiganbayan
B) Proceed normally
C) Dismiss automatically
D) Case is void for lack of jurisdiction
  • 38. If an RTC dismisses a case due to lack of jurisdiction but later acquires it by amendment of law, what should be done?
A) Transfer to CA
B) Reinstate case
C) File anew under new law
D) Continue trial
  • 39. A case for estafa involves ₱1.9 million. Which court has jurisdiction?
A) RTC
B) CA
C) MTC
D) Sandiganbayan
  • 40. The Supreme Court reviews death penalty cases under.
A) Appellate jurisdiction
B) Original jurisdiction
C) Supervisory power
D) Automatic review
  • 41. The jurisdiction of courts is determined by.
A) Nature of the offense
B) Law at the time of filing
C) Both Law at the time of filing and Nature of the offense
D) Supreme Court circulars
  • 42. Which case is beyond the jurisdiction of any Philippine court?
A) Crime on foreign ship in PH waters
B) Crime on Philippine vessel abroad
C) Crime committed by OFW abroad
D) Foreign diplomat’s criminal act
  • 43. A police officer filed a criminal complaint directly with the RTC instead of the Office of the Prosecutor. As judge, what should you do?
A) Dismiss the case for lack of jurisdiction
B) Treat the case as a private complaint
C) Proceed with arraignment
D) Order the police to file before the prosecutor’s office
  • 44. In criminal procedure, when does a case officially begin against an accused?
A) Upon filing of the complaint
B) Upon arrest
C) Upon filing of the information in court
D) Upon issuance of subpoena
  • 45. A complaint for theft was filed without the signature of the offended party. The prosecutor approved it. What is the legal effect?
A) Proceed since theft is public offense
B) Consider as administrative case
C) Valid filing since the fiscal approved
D) Void complaint for lack of proper party
  • 46. The essence of criminal procedure is.
A) To favor the accused
B) To protect state power
C) To convict the guilty
D) To secure justice and due process
  • 47. When the prosecutor files an information without preliminary investigation in a required case, what right is violated?
A) Right to due process
B) Right to bail
C) Right to counsel
D) Right against self-incrimination
  • 48. Which of the following is not a purpose of criminal procedure?
A) To secure the conviction of the guilty
B) To provide a fair trial
C) To protect the rights of the accused
D) To ensure justice is done
  • 49. In criminal procedure, the rule of prospective application of procedural laws means.
A) They can cure past errors
B) Laws apply only to future cases
C) They can be retroactive if favorable to accused
D) They affect substantive rights
  • 50. During arraignment, the accused insists he doesn’t understand English. What should the judge do?
A) Proceed since counsel can explain later
B) Dismiss the case
C) Record refusal as waiver
D) Appoint an interpreter and repeat the arraignment
  • 51. The fiscal files an amended information changing the nature of the crime from theft to robbery. What principle applies?
A) Amendment always requires consent
B) Amendment before plea is allowed
C) Change of nature is immaterial
D) Amendment after plea is void
  • 52. A criminal case was filed against two accused. One died before arraignment. What should the court do?
A) Dismiss as to the deceased accused
B) Continue case and note death after trial
C) Suspend proceedings
D) Proceed against both B.
  • 53. The doctrine of “judicial notice” allows a court to.
A) Take knowledge of facts without proof
B) Apply foreign laws
C) Admit evidence automatically
D) Require expert testimony
  • 54. A motion to dismiss based on lack of probable cause was filed after arraignment. What rule applies?
A) Must be resolved immediately
B) Filed at any time
C) Converted to demurrer to evidence
D) Waived right
  • 55. If the information is filed by someone other than the prosecutor, the court should.
A) Correct the caption
B) Require re-filing
C) Accept and proceed
D) Dismiss for lack of authority
  • 56. What is the best description of “due process” in criminal procedure?
A) Conviction after trial
B) Access to counsel
C) Speedy resolution
D) Opportunity to be heard
  • 57. A case was filed for slight physical injuries. The offended party and accused later settled amicably. What should the court do?
A) Proceed to trial
B) Refer to barangay for conciliation
C) Acquit automatically
D) Dismiss since it’s a private offense
  • 58. A criminal procedure rule that allows an accused to admit guilt for a lesser offense is known as.
A) Compromise
B) Conditional pardon
C) Plea bargaining
D) Mitigating admission
  • 59. The accused is charged for murder but information states no qualifying circumstance. The court convicts for homicide. This shows.
A) Application of variance doctrine
B) Amendment after verdict
C) Violation of due process
D) Judicial discretion
  • 60. When the court dismisses a case for lack of probable cause after preliminary investigation, the complainant’s remedy is to.
A) File directly in RTC
B) Appeal to DOJ
C) File motion for reconsideration before same prosecutor
D) File administrative case
  • 61. A confession was signed by an accused without counsel. What is the effect?
A) Valid because voluntarily signed
B) Admissible if notarized
C) Inadmissible as violation of rights
D) Valid if signed before police
  • 62. The accused wants to defend himself personally instead of through a lawyer. The court should.
A) Require standby counsel
B) Proceed with appointed counsel
C) Deny it outright
D) Allow it if he knowingly waives counsel
  • 63. When the court prevents an accused from presenting evidence for the defense, this violates.
A) Right against self-incrimination
B) Right to remain silent
C) Right to due process
D) Right to speedy trial
  • 64. An accused was detained for 10 years without trial. This constitutes a violation of.
A) Habeas corpus rule
B) Right to equal protection
C) Right to speedy trial
D) Right to due process
  • 65. The accused insists on being tried by judge alone in a multiple-judge RTC. This right pertains to.
A) Waiver of jury
B) Mode of trial
C) Judicial discretion
D) Not applicable
  • 66. A trial proceeds despite absence of counsel for the accused. The conviction will be.
A) Valid if accused agreed
B) Valid if evidence strong
C) Void for violation of constitutional rights
D) Suspended pending appeal
  • 67. The right to be informed of the nature and cause of accusation ensures that the accused.
A) Can avoid arrest
B) Can appeal easily
C) Can prepare an intelligent defense
D) Is acquitted automatically
  • 68. If a public trial endangers witnesses, the court may.
A) Suspend proceedings
B) Seal all records permanently
C) Conduct in-camera trial with justification
D) Proceed publicly as mandated
  • 69. The accused’s right to confront witnesses may be curtailed if.
A) Accused waives counsel
B) Witness is dead and deposition exists
C) Witness refuses to appear
D) Court denies cross-examination
  • 70. An accused was acquitted but later re-arrested for the same offense under a different case number. This violates.
A) Double jeopardy
B) Due process
C) Speedy trial
D) Equal protection
  • 71. The right to compulsory process allows the accused to.
A) Delay trial
B) Choose his judge
C) Demand dismissal
D) Summon witnesses and evidence
  • 72. The prosecution presents evidence not included in the information. The defense objects. What should the court do?
A) Allow if favorable to accused
B) Admit for completeness
C) Order amendment
D) Reject for being beyond the charge
  • 73. If a lawyer refuses to present evidence in protest of alleged bias, what must the judge do?
A) Warn counsel and appoint amicus
B) Continue trial
C) Suspend to protect accused’s right to counsel
D) Dismiss the case
  • 74. The defense lawyer was asleep during crucial testimony. This results in.
A) Waiver of cross-examination
B) No effect if evidence strong
C) Mistrial and violation of right to effective counsel
D) Contempt of court only
  • 75. The right to bail ceases when.
A) Bail bond expires
B) Trial is delayed
C) Case is appealed
D) Evidence of guilt is strong in a capital offense
  • 76. A judge fails to promulgate judgment after trial completion. The accused continues to be detained. What right is violated?
A) Speedy disposition of cases
B) Speedy trial
C) Due process
D) Right to bail
  • 77. Police officers arrest a man inside his home without a warrant for an alleged theft committed two days earlier. The arrest is.
A) Invalid for lack of immediate pursuit
B) Valid if with barangay clearance
C) Valid hot pursuit
D) Valid if suspect admits guilt
  • 78. Police saw a man holding a gun in a dark alley and arrested him. The arrest is valid under.
A) Hot pursuit doctrine
B) Warrantless arrest in flagrante delicto
C) Administrative arrest
D) Citizen’s arrest
  • 79. A warrantless arrest made by a private citizen of a fleeing robber is valid when.
A) Crime was committed in his presence
B) The robber is described by police
C) It occurs at night
D) He has personal suspicion
  • 80. Search of a house based only on verbal order of police chief is.
A) Allowed during curfew
B) Valid under urgency
C) Invalid and violates constitutional rights
D) Valid if consented to
  • 81. Seized evidence during an unlawful search is admissible only if.
A) Evidence is crucial
B) None of the above
C) Accused waives objection
D) Accused is guilty
  • 82. The exclusionary rule states that.
A) Illegally obtained evidence must be excluded
B) All confessions are admissible
C) Only confessions need to be excluded
D) All evidence is admissible
  • 83. When police arrest without a warrant for a crime that happened a week ago, they must justify.
A) Administrative warrant
B) Hot pursuit with personal knowledge
C) In flagrante delicto
D) Search incidental to arrest
  • 84. A search warrant that fails to particularly describe the items to be seized is.
A) Valid if supported by probable cause
B) Valid if witness testified
C) Void for generality
D) Valid if items are criminal in nature
  • 85. The right violated when a home is entered without a warrant or consent is.
A) Right to counsel
B) Right against unreasonable searches
C) Right to privacy only
D) None
  • 86. A warrantless arrest based solely on anonymous text messages is.
A) Allowed under “Stop and Frisk”
B) Invalid for lack of personal knowledge
C) Valid if confirmed later
D) Valid for probable cause
  • 87. A police officer lawfully arrested a drug suspect and searched his pockets. The search is.
A) Unreasonable
B) Requires written consent
C) Needs warrant
D) Valid as incidental to arrest
  • 88. A warrant issued by an unauthorized judge is.
A) Irregular but valid
B) Void and inadmissible
C) Valid if executed
D) Curable by execution
  • 89. A search warrant must be issued upon.
A) Mere suspicion
B) Probable cause personally determined by the judge
C) Police recommendation
D) Anonymous report
  • 90. A police officer searched a cellphone without a warrant. The search is valid only if.
A) Consent was freely given
B) Owner was arrested
C) Officer suspects drug use
D) Phone is expensive
  • 91. A suspect arrested under hot pursuit was tortured for confession. What rule applies?
A) Exclusionary rule on coerced confessions
B) Res gestae
C) Stop and frisk rule
D) Hot pursuit doctrine
  • 92. A police officer arrests a suspect at 10 p.m. Friday for homicide. No inquest prosecutor is available. The suspect must be released not later than.
A) After affidavit is signed
B) Monday morning
C) Sunday 10 p.m.
D) Saturday noon
  • 93. When is a preliminary investigation mandatory?
A) Only for capital offenses
B) When offense is punishable by at least 4 years and 2 months imprisonment
C) Optional at prosecutor’s discretion
D) For all criminal cases
  • 94. A case was filed in court without preliminary investigation when required. What should the accused do?
A) Waive by silence
B) File counter-affidavit
C) File motion to dismiss before arraignment
D) Proceed and raise on appeal
  • 95. If a complaint is filed directly in court without barangay conciliation when required, the case should be.
A) Dismissed for lack of cause of action
B) Proceeded with immediately
C) Referred to prosecutor
D) Suspended until conciliation
  • 96. Which case is not covered by the Barangay Justice System?
A) Oral defamation
B) Murder
C) Slight physical injuries
D) Grave coercion between same barangay residents
  • 97. The barangay settlement has the same effect as.
A) Recommendation
B) Judgment of the court
C) Plea bargain
D) Police blotter
  • 98. The barangay conciliation system promotes which constitutional policy?
A) People’s participation and social justice
B) Right to bail
C) Centralized justice
D) Judicial supremacy
  • 99. The purpose of preliminary investigation is to.
A) Convict the guilty
B) Collect evidence
C) Serve as trial substitute
D) Determine probable cause before trial
  • 100. When an inquest prosecutor finds illegal arrest, he must.
A) Require affidavit
B) File case anyway
C) Refer to court
D) Order immediate release
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