(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 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) Roll call of cases
B) Call to order
C) Order of trial
D) Arraignment
  • 4. When the call to order has been undertaken, it is an indication that.
A) All must be silent
B) All must rise
C) The court is in session
D) All of the above
  • 5. Which among the following is not a court personnel?
A) Stenographer
B) Clerk of court
C) Interpreter
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 accused your honor, ready"
B) "For the plaintiff your honor, ready"
C) "For the state 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) All of these
B) Call to order
C) Roll call of cases
D) Calendar
  • 9. Trials and court sessions are usually.
A) Open to the public
B) Exclusive for the litigants
C) Open to the members of the bar
D) Exclusive to the litigants and their relatives
  • 10. When evidence are presented to the court, this constitutes.
A) Call to order
B) Witness oath
C) Roll call of cases
D) Marking of exhibits
  • 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) Marking of exhibits
B) Witness oath
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) Public prosecutor
C) All of the above
D) Private prosecutor
  • 15. Another lawyer hired by the victim is designated as.
A) Private prosecutor
B) Public prosecutor
C) Counsel for the defense
D) Counsel de officio
  • 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 not allowed to answer the question directed by counsel
B) Is instructed to sit down
C) Is instructed to get out of the witness stand
D) Is allowed to continue and answer
  • 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) 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) Direct examination
B) Cross examination
C) Re-direct examination
D) Re-cross examination
  • 20. It is used to establish facts wherein leading questions are not allowed.
A) Direct examination
B) Cross 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 ad Hoc
B) Attorney of record
C) Attorney at law
D) Counsel de officio
  • 22. An attorney whose name must appear in the permanent record or file of the case.
A) Counsel de officio
B) Attorney at law
C) Attorney ad Hoc
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) Lead Counsel
C) House counsel
D) Attorney in fact
  • 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) House counsel
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) Dismiss for lack of jurisdiction
B) Proceed with trial to avoid delay
C) Transfer to the Regional Trial Court
D) Forward to the Court of Appeals
  • 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) Continue trial since jurisdiction is shared
B) Withdraw the case and refile with Sandiganbayan
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) 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’s a quasi-offense
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) 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) 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) Subject to appeal
B) Voidable
C) Void
D) Valid until annulled
  • 33. The Supreme Court orders the transfer of venue of a high-profile trial. This illustrates its.
A) Administrative control
B) Original jurisdiction
C) Supervisory power
D) Appellate jurisdiction
  • 34. An appeal from the MTC in a criminal case should be filed before.
A) Supreme Court
B) RTC
C) Court of Appeals
D) Sandiganbayan
  • 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) MTC
B) Family Court (RTC branch)
C) Sandiganbayan
D) Juvenile Justice Board
  • 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) Dismiss automatically
C) Proceed normally
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) 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) CA
B) RTC
C) MTC
D) Sandiganbayan
  • 40. The Supreme Court reviews death penalty cases under.
A) Original jurisdiction
B) Automatic review
C) Supervisory power
D) Appellate jurisdiction
  • 41. The jurisdiction of courts is determined by.
A) Supreme Court circulars
B) Nature of the offense
C) Both Law at the time of filing and Nature of the offense
D) Law at the time of filing
  • 42. Which case is beyond the jurisdiction of any Philippine court?
A) Crime on foreign ship in PH waters
B) Crime committed by OFW abroad
C) Crime on Philippine vessel 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) Treat the case as a private complaint
B) Dismiss the case for lack of jurisdiction
C) Order the police to file before the prosecutor’s office
D) Proceed with arraignment
  • 44. In criminal procedure, when does a case officially begin against an accused?
A) Upon arrest
B) Upon filing of the information in court
C) Upon filing of the complaint
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 convict the guilty
B) To secure justice and due process
C) To protect state power
D) To favor the accused
  • 47. When the prosecutor files an information without preliminary investigation in a required case, what right is violated?
A) Right to bail
B) Right against self-incrimination
C) Right to counsel
D) Right to due process
  • 48. Which of the following is not a purpose of criminal procedure?
A) To ensure justice is done
B) To protect the rights of the accused
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) 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) Dismiss the case
B) Record refusal as waiver
C) Appoint an interpreter and repeat the arraignment
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 after plea is void
B) Amendment before plea is allowed
C) Change of nature is immaterial
D) Amendment always requires consent
  • 52. A criminal case was filed against two accused. One died before arraignment. What should the court do?
A) Suspend proceedings
B) Continue case and note death after trial
C) Dismiss as to the deceased accused
D) Proceed against both B.
  • 53. The doctrine of “judicial notice” allows a court to.
A) Apply foreign laws
B) Admit evidence automatically
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) Dismiss for lack of authority
C) Accept and proceed
D) Require re-filing
  • 56. What is the best description of “due process” in criminal procedure?
A) Access to counsel
B) Speedy resolution
C) Opportunity to be heard
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) Proceed to trial
B) Dismiss since it’s a private offense
C) Refer to barangay for conciliation
D) Acquit automatically
  • 58. A criminal procedure rule that allows an accused to admit guilt for a lesser offense is known as.
A) Mitigating admission
B) Conditional pardon
C) Compromise
D) Plea bargaining
  • 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) Application of variance doctrine
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) Appeal to DOJ
B) File motion for reconsideration before same prosecutor
C) File administrative case
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) Valid if signed before police
C) Valid because voluntarily signed
D) Admissible if notarized
  • 62. The accused wants to defend himself personally instead of through a lawyer. The court should.
A) Require standby counsel
B) Deny it outright
C) Allow it if he knowingly waives counsel
D) Proceed with appointed counsel
  • 63. When the court prevents an accused from presenting evidence for the defense, this violates.
A) Right to remain silent
B) Right to due process
C) Right to speedy trial
D) Right against self-incrimination
  • 64. An accused was detained for 10 years without trial. This constitutes a violation of.
A) Right to due process
B) Habeas corpus rule
C) Right to equal protection
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) Mode of trial
C) Waiver of jury
D) Not applicable
  • 66. A trial proceeds despite absence of counsel for the accused. The conviction will be.
A) Void for violation of constitutional rights
B) Valid if evidence strong
C) Suspended pending appeal
D) Valid if accused agreed
  • 67. The right to be informed of the nature and cause of accusation ensures that the accused.
A) Can prepare an intelligent defense
B) Can avoid arrest
C) Can appeal easily
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) Court denies cross-examination
B) Witness is dead and deposition exists
C) Witness refuses to appear
D) Accused waives counsel
  • 70. An accused was acquitted but later re-arrested for the same offense under a different case number. This violates.
A) Equal protection
B) Due process
C) Speedy trial
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) Admit for completeness
B) Allow if favorable to accused
C) Reject for being beyond the charge
D) Order amendment
  • 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) Case is appealed
C) Evidence of guilt is strong in a capital offense
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 disposition of cases
C) Right to bail
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) Invalid for lack of immediate pursuit
B) Valid if with barangay clearance
C) Valid if suspect admits guilt
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) 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) It occurs at night
B) He has personal suspicion
C) Crime was committed in his presence
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) None of the above
B) Evidence is crucial
C) Accused is guilty
D) Accused waives objection
  • 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) Valid if items are criminal in nature
B) Valid if supported by probable cause
C) Valid if witness testified
D) Void for generality
  • 85. The right violated when a home is entered without a warrant or consent is.
A) Right to privacy only
B) Right to counsel
C) None
D) Right against unreasonable searches
  • 86. A warrantless arrest based solely on anonymous text messages is.
A) Valid if confirmed later
B) Valid for probable cause
C) Invalid for lack of personal knowledge
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) Valid as incidental to arrest
C) Needs warrant
D) Requires written consent
  • 88. A warrant issued by an unauthorized judge is.
A) Curable by execution
B) Void and inadmissible
C) Irregular but valid
D) Valid if executed
  • 89. A search warrant must be issued upon.
A) Anonymous report
B) Police recommendation
C) Mere suspicion
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) Owner was arrested
B) Phone is expensive
C) Officer suspects drug use
D) Consent was freely given
  • 91. A suspect arrested under hot pursuit was tortured for confession. What rule applies?
A) Res gestae
B) Exclusionary rule on coerced confessions
C) Hot pursuit doctrine
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) Monday morning
C) Sunday 10 p.m.
D) After affidavit is signed
  • 93. When is a preliminary investigation mandatory?
A) Optional at prosecutor’s discretion
B) Only for capital offenses
C) For all criminal cases
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) Waive by silence
C) File counter-affidavit
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) Referred to prosecutor
C) Proceeded with immediately
D) Suspended until conciliation
  • 96. Which case is not covered by the Barangay Justice System?
A) Oral defamation
B) Murder
C) Grave coercion between same barangay residents
D) Slight physical injuries
  • 97. The barangay settlement has the same effect as.
A) Recommendation
B) Police blotter
C) Plea bargain
D) Judgment of the court
  • 98. The barangay conciliation system promotes which constitutional policy?
A) Centralized justice
B) Right to bail
C) Judicial supremacy
D) People’s participation and social justice
  • 99. The purpose of preliminary investigation is to.
A) Serve as trial substitute
B) Collect evidence
C) Convict the guilty
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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