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