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