(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) Train criminologist how to testify effectively and properly
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 protect the judge
B) To protect the accused
C) To serve as a witness
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) Order of trial
B) Call to order
C) Arraignment
D) Roll call of cases
  • 4. When the call to order has been undertaken, it is an indication that.
A) All must be silent
B) The court is in session
C) All must rise
D) All of the above
  • 5. Which among the following is not a court personnel?
A) Clerk of court
B) Stenographer
C) Interpreter
D) Policeman
  • 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 people your honor, ready"
B) "For the state your honor, ready"
C) "For the plaintiff your honor, ready"
D) "For the accused your honor, ready"
  • 8. It is a list of cases usually placed or posted on the door of a trial court.
A) All of these
B) Calendar
C) Call to order
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) Exclusive for the litigants
D) Open to the members of the bar
  • 10. When evidence are presented to the court, this constitutes.
A) Roll call of cases
B) Marking of exhibits
C) Witness oath
D) Call to order
  • 11. Before giving his testimony the witness must.
A) Must pledge to tell the truth
B) Undertake the witness oath
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) Call to order
C) Witness oath
D) Marking of exhibits
  • 13. Primary duty of the prosecutor.
A) To see to it that due process is observed
B) To acquit the accused
C) To prove the guilt of the accused beyond reasonable doubt
D) To secure justice
  • 14. He is the lawyer for the plaintiff.
A) All of the above
B) Public prosecutor
C) Counsel de officio
D) Private 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 instructed to sit down
B) Is allowed to continue and answer
C) Is instructed to get out of the witness stand
D) Is not allowed to answer the question directed by counsel
  • 17. The question, "when did you first meet the accused" is an example of a.
A) Cross examination
B) Re-cross examination
C) Re-direct question
D) Direct 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) Evidence for the prosecution
D) Sur-rebuttal evidence
  • 19. It is usually used to test the credibility of the witness and leading questions may be allowed.
A) Direct examination
B) Re-cross examination
C) Re-direct examination
D) Cross examination
  • 20. It is used to establish facts wherein leading questions are not allowed.
A) Cross examination
B) Re-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) Counsel de officio
C) Attorney at law
D) Attorney of record
  • 22. An attorney whose name must appear in the permanent record or file of the case.
A) Attorney ad Hoc
B) Attorney at law
C) Counsel de officio
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) Attorney ad Hoc
B) Attorney in fact
C) Lead Counsel
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) 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) Special retainer
B) General retainer
C) Retaining fee
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) Withdraw the case and refile with Sandiganbayan
C) Proceed without change
D) Continue trial since jurisdiction is shared
  • 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) 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) 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) Court of Appeals
B) RTC designated as a drug court
C) Sandiganbayan
D) MTC
  • 32. When a lower court renders judgment on a case outside its jurisdiction, that decision is.
A) Void
B) Valid until annulled
C) Subject to appeal
D) Voidable
  • 33. The Supreme Court orders the transfer of venue of a high-profile trial. This illustrates its.
A) Administrative control
B) Supervisory power
C) Original jurisdiction
D) Appellate jurisdiction
  • 34. An appeal from the MTC in a criminal case should be filed before.
A) RTC
B) Sandiganbayan
C) Supreme Court
D) Court of Appeals
  • 35. Which court has jurisdiction over violations of city ordinances?
A) RTC
B) Court of Appeals
C) MTC
D) Supreme Court
  • 36. When a juvenile offender is charged with robbery with homicide, where must the case be filed?
A) Sandiganbayan
B) MTC
C) Juvenile Justice Board
D) Family Court (RTC branch)
  • 37. A case involving graft and corruption by a mayor is filed in the RTC. What happens?
A) Dismiss automatically
B) Proceed normally
C) Case is void for lack of jurisdiction
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) Reinstate case
B) File anew under new law
C) Continue trial
D) Transfer to CA
  • 39. A case for estafa involves ₱1.9 million. Which court has jurisdiction?
A) RTC
B) MTC
C) CA
D) Sandiganbayan
  • 40. The Supreme Court reviews death penalty cases under.
A) Automatic review
B) Supervisory power
C) Original jurisdiction
D) Appellate jurisdiction
  • 41. The jurisdiction of courts is determined by.
A) Nature of the offense
B) Both Law at the time of filing and Nature of the offense
C) Supreme Court circulars
D) Law at the time of filing
  • 42. Which case is beyond the jurisdiction of any Philippine court?
A) Crime on Philippine vessel abroad
B) Crime committed by OFW abroad
C) Crime on foreign ship in PH waters
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) Proceed with arraignment
B) Order the police to file before the prosecutor’s office
C) Treat the case as a private complaint
D) Dismiss the case for lack of jurisdiction
  • 44. In criminal procedure, when does a case officially begin against an accused?
A) Upon issuance of subpoena
B) Upon filing of the complaint
C) Upon filing of the information in court
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 favor the accused
C) To protect state power
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 counsel
B) Right against self-incrimination
C) Right to bail
D) Right to due process
  • 48. Which of the following is not a purpose of criminal procedure?
A) To protect the rights of the accused
B) To ensure justice is done
C) To provide a fair trial
D) To secure the conviction of the guilty
  • 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) They can cure past errors
D) Laws apply only to future cases
  • 50. During arraignment, the accused insists he doesn’t understand English. What should the judge do?
A) Proceed since counsel can explain later
B) Appoint an interpreter and repeat the arraignment
C) Dismiss the case
D) Record refusal as waiver
  • 51. The fiscal files an amended information changing the nature of the crime from theft to robbery. What principle applies?
A) Change of nature is immaterial
B) Amendment before plea is allowed
C) Amendment always requires consent
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) Suspend proceedings
B) Proceed against both B.
C) Continue case and note death after trial
D) Dismiss as to the deceased accused
  • 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) Filed at any time
B) Waived right
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) Require re-filing
B) Accept and proceed
C) Correct the caption
D) Dismiss for lack of authority
  • 56. What is the best description of “due process” in criminal procedure?
A) Opportunity to be heard
B) Speedy resolution
C) Access to counsel
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) Refer to barangay for conciliation
B) Dismiss since it’s a private offense
C) Proceed to trial
D) Acquit automatically
  • 58. A criminal procedure rule that allows an accused to admit guilt for a lesser offense is known as.
A) Plea bargaining
B) Compromise
C) Conditional pardon
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) Violation of due process
C) Judicial discretion
D) Amendment after verdict
  • 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) Valid because voluntarily signed
B) Valid if signed before police
C) Inadmissible as violation of rights
D) Admissible if notarized
  • 62. The accused wants to defend himself personally instead of through a lawyer. The court should.
A) Deny it outright
B) Allow it if he knowingly waives counsel
C) Proceed with appointed counsel
D) Require standby counsel
  • 63. When the court prevents an accused from presenting evidence for the defense, this violates.
A) Right to due process
B) Right against self-incrimination
C) Right to speedy trial
D) Right to remain silent
  • 64. An accused was detained for 10 years without trial. This constitutes a violation of.
A) Right to equal protection
B) Right to due process
C) Right to speedy trial
D) Habeas corpus rule
  • 65. The accused insists on being tried by judge alone in a multiple-judge RTC. This right pertains to.
A) Mode of trial
B) Judicial discretion
C) Not applicable
D) Waiver of jury
  • 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) Is acquitted automatically
B) Can prepare an intelligent defense
C) Can avoid arrest
D) Can appeal easily
  • 68. If a public trial endangers witnesses, the court may.
A) Conduct in-camera trial with justification
B) Proceed publicly as mandated
C) Seal all records permanently
D) Suspend proceedings
  • 69. The accused’s right to confront witnesses may be curtailed if.
A) Witness is dead and deposition exists
B) Accused waives counsel
C) Court denies cross-examination
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) Equal protection
C) Due process
D) Speedy trial
  • 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) Allow if favorable to accused
B) Order amendment
C) Admit for completeness
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) Contempt of court only
C) Mistrial and violation of right to effective counsel
D) No effect if evidence strong
  • 75. The right to bail ceases when.
A) Trial is delayed
B) Case is appealed
C) Evidence of guilt is strong in a capital offense
D) Bail bond expires
  • 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) Valid if with barangay clearance
C) Invalid for lack of immediate 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) Administrative arrest
C) Warrantless arrest in flagrante delicto
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) Valid under urgency
B) Allowed during curfew
C) Valid if consented to
D) Invalid and violates constitutional rights
  • 81. Seized evidence during an unlawful search is admissible only if.
A) None of the above
B) Accused is guilty
C) Accused waives objection
D) Evidence is crucial
  • 82. The exclusionary rule states that.
A) Only confessions need to be excluded
B) All evidence is admissible
C) Illegally obtained evidence must be excluded
D) All confessions are admissible
  • 83. When police arrest without a warrant for a crime that happened a week ago, they must justify.
A) In flagrante delicto
B) Hot pursuit with personal knowledge
C) Search incidental to arrest
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 items are criminal in nature
C) Valid if witness testified
D) Valid if supported by probable cause
  • 85. The right violated when a home is entered without a warrant or consent is.
A) Right against unreasonable searches
B) Right to privacy only
C) Right to counsel
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) Valid as incidental to arrest
D) Requires written consent
  • 88. A warrant issued by an unauthorized judge is.
A) Irregular but valid
B) Void and inadmissible
C) Curable by execution
D) Valid if executed
  • 89. A search warrant must be issued upon.
A) Anonymous report
B) Mere suspicion
C) Police recommendation
D) Probable cause personally determined by the judge
  • 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) Stop and frisk rule
B) Hot pursuit doctrine
C) Exclusionary rule on coerced confessions
D) Res gestae
  • 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) After affidavit is signed
C) Monday morning
D) Sunday 10 p.m.
  • 93. When is a preliminary investigation mandatory?
A) Optional at prosecutor’s discretion
B) Only for capital offenses
C) When offense is punishable by at least 4 years and 2 months imprisonment
D) For all criminal cases
  • 94. A case was filed in court without preliminary investigation when required. What should the accused do?
A) File counter-affidavit
B) Proceed and raise on appeal
C) File motion to dismiss before arraignment
D) Waive by silence
  • 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) Oral defamation
B) Slight physical injuries
C) Murder
D) Grave coercion between same barangay residents
  • 97. The barangay settlement has the same effect as.
A) Police blotter
B) Judgment of the court
C) Recommendation
D) Plea bargain
  • 98. The barangay conciliation system promotes which constitutional policy?
A) People’s participation and social justice
B) Centralized justice
C) Right to bail
D) Judicial supremacy
  • 99. The purpose of preliminary investigation is to.
A) Convict the guilty
B) Collect evidence
C) Determine probable cause before trial
D) Serve as trial substitute
  • 100. When an inquest prosecutor finds illegal arrest, he must.
A) Refer to court
B) Require affidavit
C) Order immediate release
D) File case anyway
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