(CLJ 6) CRIMINAL PROCEDURE AND COURT TESTIMONY
  • 1. The relevance of the study of practice court is to criminology is.
A) Train criminologist how to testify effectively and properly
B) Acquaintance with court room conduct and trial procedures
C) All of the above
D) Familiarization with court personnel and legal forms
  • 2. The usual role of police officers during judicial proceedings.
A) To act as an expert witness
B) To protect the judge
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) Order of trial
C) Roll call of cases
D) Arraignment
  • 4. When the call to order has been undertaken, it is an indication that.
A) All must rise
B) All of the above
C) All must be silent
D) The court is in session
  • 5. Which among the following is not a court personnel?
A) Interpreter
B) Clerk of court
C) Stenographer
D) Policeman
  • 6. His primary duty is to keep peace during trials.
A) Clerk of court
B) Policeman
C) Judge
D) Bailiff
  • 7. The prosecutor in a criminal case would usually utter in roll call.
A) "For the people your honor, ready"
B) "For the accused your honor, ready"
C) "For the state 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) Calendar
B) Call to order
C) All of these
D) Roll call of cases
  • 9. Trials and court sessions are usually.
A) Exclusive to the litigants and their relatives
B) Open to the public
C) Open to the members of the bar
D) Exclusive for the litigants
  • 10. When evidence are presented to the court, this constitutes.
A) Roll call of cases
B) Witness oath
C) Marking of exhibits
D) Call to order
  • 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) Witness oath
B) Marking of exhibits
C) Roll call of cases
D) Call to order
  • 13. Primary duty of the prosecutor.
A) To acquit the accused
B) To see to it that due process is observed
C) To prove the guilt of the accused beyond reasonable doubt
D) To secure justice
  • 14. He is the lawyer for the plaintiff.
A) Counsel de officio
B) Private prosecutor
C) Public prosecutor
D) All of the above
  • 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 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) Re-direct question
B) Re-cross examination
C) Cross examination
D) Direct examination
  • 18. After the evidence of the defense is presented, the next step for the order of trial is.
A) Sur-rebuttal evidence
B) Cross examination
C) Evidence for the prosecution
D) Rebuttal evidence
  • 19. It is usually used to test the credibility of the witness and leading questions may be allowed.
A) Re-direct examination
B) Re-cross examination
C) Direct examination
D) Cross examination
  • 20. It is used to establish facts wherein leading questions are not allowed.
A) Direct examination
B) Re-cross examination
C) Re-direct 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) Attorney ad Hoc
B) Attorney of record
C) Counsel de officio
D) Attorney at law
  • 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) House counsel
B) Lead 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) Attorney in fact
C) Amicus Curiae
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) General retainer
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) Proceed with trial to avoid delay
B) Forward to the Court of Appeals
C) Transfer to the Regional Trial Court
D) Dismiss for lack of jurisdiction
  • 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) Continue trial since jurisdiction is shared
C) Proceed without change
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) Regional Trial Court
B) Sandiganbayan
C) Municipal 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) No, it should go to Sandiganbayan
B) Yes, since it is not intentional
C) Yes, since it’s a quasi-offense
D) No, jurisdiction belongs to RTC
  • 30. The Ombudsman dismissed a case for lack of jurisdiction. Later, the complainant filed in regular court. What principle applies?
A) Res judicata
B) Double jeopardy
C) Doctrine of hierarchy of courts
D) Forum shopping
  • 31. A drug-related case involving 10 grams of shabu is filed. Which court should try the case?
A) RTC designated as a drug court
B) Court of Appeals
C) MTC
D) Sandiganbayan
  • 32. When a lower court renders judgment on a case outside its jurisdiction, that decision is.
A) Voidable
B) Valid until annulled
C) Void
D) Subject to appeal
  • 33. The Supreme Court orders the transfer of venue of a high-profile trial. This illustrates its.
A) Appellate jurisdiction
B) Administrative control
C) Supervisory power
D) Original jurisdiction
  • 34. An appeal from the MTC in a criminal case should be filed before.
A) RTC
B) Sandiganbayan
C) Court of Appeals
D) Supreme Court
  • 35. Which court has jurisdiction over violations of city ordinances?
A) Supreme Court
B) MTC
C) RTC
D) Court of Appeals
  • 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) Proceed normally
B) Case is void for lack of jurisdiction
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) Transfer to CA
C) File anew under new law
D) Reinstate case
  • 39. A case for estafa involves ₱1.9 million. Which court has jurisdiction?
A) CA
B) MTC
C) RTC
D) Sandiganbayan
  • 40. The Supreme Court reviews death penalty cases under.
A) Supervisory power
B) Appellate jurisdiction
C) Original jurisdiction
D) Automatic review
  • 41. The jurisdiction of courts is determined by.
A) Law at the time of filing
B) Supreme Court circulars
C) Nature of the offense
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) Foreign diplomat’s criminal act
B) Crime on foreign ship in PH waters
C) Crime on Philippine vessel abroad
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) Proceed with arraignment
B) Treat the case as a private complaint
C) Order the police to file before the prosecutor’s office
D) Dismiss the case for lack of jurisdiction
  • 44. In criminal procedure, when does a case officially begin against an accused?
A) Upon filing of the information in court
B) Upon issuance of subpoena
C) Upon filing of the complaint
D) Upon arrest
  • 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) Void complaint for lack of proper party
C) Valid filing since the fiscal approved
D) Proceed since theft is public offense
  • 46. The essence of criminal procedure is.
A) To secure justice and due process
B) To protect state power
C) To favor the accused
D) To convict the guilty
  • 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 provide a fair trial
B) To protect the rights of the accused
C) To secure the conviction of the guilty
D) To ensure justice is done
  • 49. In criminal procedure, the rule of prospective application of procedural laws means.
A) They affect substantive rights
B) They can be retroactive if favorable to accused
C) Laws apply only to future cases
D) They can cure past errors
  • 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) Proceed since counsel can explain later
D) Dismiss the case
  • 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 after plea is void
C) Change of nature is immaterial
D) Amendment before plea is allowed
  • 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) Waived right
B) Filed at any time
C) Converted to demurrer to evidence
D) Must be resolved immediately
  • 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) Speedy resolution
C) Access to counsel
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) Acquit automatically
B) Dismiss since it’s a private offense
C) Refer to barangay for conciliation
D) Proceed to trial
  • 58. A criminal procedure rule that allows an accused to admit guilt for a lesser offense is known as.
A) Conditional pardon
B) Mitigating admission
C) Plea bargaining
D) Compromise
  • 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) Judicial discretion
C) Amendment after verdict
D) Violation of due process
  • 60. When the court dismisses a case for lack of probable cause after preliminary investigation, the complainant’s remedy is to.
A) File administrative case
B) Appeal to DOJ
C) File directly in RTC
D) File motion for reconsideration before same prosecutor
  • 61. A confession was signed by an accused without counsel. What is the effect?
A) Valid if signed before police
B) Admissible if notarized
C) Valid because voluntarily signed
D) Inadmissible as violation of rights
  • 62. The accused wants to defend himself personally instead of through a lawyer. The court should.
A) Deny it outright
B) Require standby counsel
C) Proceed with appointed counsel
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 to speedy trial
B) Right to remain silent
C) Right against self-incrimination
D) Right to due process
  • 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 due process
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) 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 evidence strong
B) Suspended pending appeal
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) 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) Seal all records permanently
B) Suspend proceedings
C) Proceed publicly as mandated
D) Conduct in-camera trial with justification
  • 69. The accused’s right to confront witnesses may be curtailed if.
A) Witness refuses to appear
B) Accused waives counsel
C) Court denies cross-examination
D) Witness is dead and deposition exists
  • 70. An accused was acquitted but later re-arrested for the same offense under a different case number. This violates.
A) Equal protection
B) Double jeopardy
C) Due process
D) Speedy trial
  • 71. The right to compulsory process allows the accused to.
A) Summon witnesses and evidence
B) Choose his judge
C) Delay trial
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) Allow if favorable to accused
C) Order amendment
D) Admit for completeness
  • 73. If a lawyer refuses to present evidence in protest of alleged bias, what must the judge do?
A) Continue trial
B) Suspend to protect accused’s right to counsel
C) Warn counsel and appoint amicus
D) Dismiss the case
  • 74. The defense lawyer was asleep during crucial testimony. This results in.
A) Contempt of court only
B) No effect if evidence strong
C) Waiver of cross-examination
D) Mistrial and violation of right to effective counsel
  • 75. The right to bail ceases when.
A) Bail bond expires
B) Evidence of guilt is strong in a capital offense
C) Trial is delayed
D) Case is appealed
  • 76. A judge fails to promulgate judgment after trial completion. The accused continues to be detained. What right is violated?
A) Right to bail
B) Due process
C) Speedy disposition of cases
D) Speedy trial
  • 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 if with barangay clearance
C) Invalid for lack of immediate pursuit
D) Valid hot pursuit
  • 78. Police saw a man holding a gun in a dark alley and arrested him. The arrest is valid under.
A) Administrative arrest
B) Warrantless arrest in flagrante delicto
C) Citizen’s arrest
D) Hot pursuit doctrine
  • 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) He has personal suspicion
D) It occurs at night
  • 80. Search of a house based only on verbal order of police chief is.
A) Valid under urgency
B) Valid if consented to
C) Allowed during curfew
D) Invalid and violates constitutional rights
  • 81. Seized evidence during an unlawful search is admissible only if.
A) Evidence is crucial
B) Accused is guilty
C) Accused waives objection
D) None of the above
  • 82. The exclusionary rule states that.
A) All confessions are admissible
B) Only confessions need to be excluded
C) All evidence is admissible
D) Illegally obtained evidence must be excluded
  • 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) Search incidental to arrest
D) In flagrante delicto
  • 84. A search warrant that fails to particularly describe the items to be seized is.
A) Valid if witness testified
B) Valid if items are criminal in nature
C) Valid if supported by probable cause
D) Void for generality
  • 85. The right violated when a home is entered without a warrant or consent is.
A) Right to counsel
B) Right to privacy only
C) Right against unreasonable searches
D) None
  • 86. A warrantless arrest based solely on anonymous text messages is.
A) Invalid for lack of personal knowledge
B) Valid if confirmed later
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) Unreasonable
B) Needs warrant
C) Requires written consent
D) Valid as incidental to arrest
  • 88. A warrant issued by an unauthorized judge is.
A) Void and inadmissible
B) Curable by execution
C) Irregular but valid
D) Valid if executed
  • 89. A search warrant must be issued upon.
A) Probable cause personally determined by the judge
B) Anonymous report
C) Police recommendation
D) Mere suspicion
  • 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) Consent was freely given
D) Owner was arrested
  • 91. A suspect arrested under hot pursuit was tortured for confession. What rule applies?
A) Hot pursuit doctrine
B) Res gestae
C) Exclusionary rule on coerced confessions
D) Stop and frisk rule
  • 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) When offense is punishable by at least 4 years and 2 months imprisonment
C) Optional at prosecutor’s discretion
D) Only for capital offenses
  • 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) Proceeded with immediately
B) Dismissed for lack of cause of action
C) Suspended until conciliation
D) Referred to prosecutor
  • 96. Which case is not covered by the Barangay Justice System?
A) Grave coercion between same barangay residents
B) Oral defamation
C) Slight physical injuries
D) Murder
  • 97. The barangay settlement has the same effect as.
A) Recommendation
B) Plea bargain
C) Police blotter
D) Judgment of the court
  • 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) Determine probable cause before trial
B) Collect evidence
C) Convict the guilty
D) Serve as trial substitute
  • 100. When an inquest prosecutor finds illegal arrest, he must.
A) Refer to court
B) Order immediate release
C) Require affidavit
D) File case anyway
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