(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) Familiarization with court personnel and legal forms
D) All of the above
  • 2. The usual role of police officers during judicial proceedings.
A) To protect the accused
B) To act as an expert witness
C) To protect the judge
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) Call to order
B) Arraignment
C) Order of trial
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) Interpreter
B) Stenographer
C) Clerk of court
D) Policeman
  • 6. His primary duty is to keep peace during trials.
A) Clerk of court
B) Judge
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) Roll call of cases
B) Calendar
C) All of these
D) Call to order
  • 9. Trials and court sessions are usually.
A) Open to the members of the bar
B) Exclusive to the litigants and their relatives
C) Exclusive for the litigants
D) Open to the public
  • 10. When evidence are presented to the court, this constitutes.
A) Call to order
B) Roll call of cases
C) Witness oath
D) Marking of exhibits
  • 11. Before giving his testimony the witness must.
A) Must pledge to tell the truth
B) Must pray for truthful answers
C) Undertake the witness oath
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) Marking of exhibits
D) Witness oath
  • 13. Primary duty of the prosecutor.
A) To acquit the accused
B) To prove the guilt of the accused beyond reasonable doubt
C) To secure justice
D) To see to it that due process is observed
  • 14. He is the lawyer for the plaintiff.
A) Public prosecutor
B) Private prosecutor
C) All of the above
D) Counsel de officio
  • 15. Another lawyer hired by the victim is designated as.
A) Counsel de officio
B) Counsel for the defense
C) Public prosecutor
D) Private 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 not allowed to answer the question directed by counsel
B) Is instructed to get out of the witness stand
C) Is instructed to sit down
D) Is allowed to continue and answer
  • 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) Cross examination
B) Rebuttal evidence
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) Re-direct examination
B) Direct examination
C) Cross 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 of record
B) Counsel de officio
C) Attorney ad Hoc
D) Attorney at law
  • 22. An attorney whose name must appear in the permanent record or file of the case.
A) Attorney at law
B) Attorney ad Hoc
C) Attorney of record
D) Counsel de officio
  • 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) House counsel
C) Attorney ad Hoc
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) Acceptance fee
C) Retaining fee
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) Proceed with trial to avoid delay
B) Transfer to the Regional Trial Court
C) Dismiss for lack of jurisdiction
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) Proceed without change
C) File a motion to inhibit
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) Court of Appeals
B) Municipal Trial Court
C) Sandiganbayan
D) Regional Trial Court
  • 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) No, it should go to Sandiganbayan
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) Forum shopping
B) Doctrine of hierarchy of courts
C) Double jeopardy
D) Res judicata
  • 31. A drug-related case involving 10 grams of shabu is filed. Which court should try the case?
A) Sandiganbayan
B) RTC designated as a drug court
C) MTC
D) Court of Appeals
  • 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) Supervisory power
B) Original jurisdiction
C) Administrative control
D) Appellate jurisdiction
  • 34. An appeal from the MTC in a criminal case should be filed before.
A) Sandiganbayan
B) Supreme Court
C) Court of Appeals
D) RTC
  • 35. Which court has jurisdiction over violations of city ordinances?
A) Court of Appeals
B) MTC
C) RTC
D) Supreme Court
  • 36. When a juvenile offender is charged with robbery with homicide, where must the case be filed?
A) Family Court (RTC branch)
B) Juvenile Justice Board
C) Sandiganbayan
D) MTC
  • 37. A case involving graft and corruption by a mayor is filed in the RTC. What happens?
A) Dismiss automatically
B) Case is void for lack of jurisdiction
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) 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) CA
B) RTC
C) Sandiganbayan
D) MTC
  • 40. The Supreme Court reviews death penalty cases under.
A) Automatic review
B) Original jurisdiction
C) Appellate jurisdiction
D) Supervisory power
  • 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 foreign ship in PH waters
B) Foreign diplomat’s criminal act
C) Crime committed by OFW abroad
D) Crime on Philippine vessel 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) 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 arrest
B) Upon filing of the information in court
C) Upon issuance of subpoena
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) Consider as administrative case
C) Void complaint for lack of proper party
D) Proceed since theft is public offense
  • 46. The essence of criminal procedure is.
A) To protect state power
B) To favor the accused
C) To secure justice and due process
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 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 secure the conviction of the guilty
B) To provide a fair trial
C) To ensure justice is done
D) To protect the rights of the accused
  • 49. In criminal procedure, the rule of prospective application of procedural laws means.
A) Laws apply only to future cases
B) They can cure past errors
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 before plea is allowed
B) Amendment after plea is void
C) Amendment always requires consent
D) Change of nature is immaterial
  • 52. A criminal case was filed against two accused. One died before arraignment. What should the court do?
A) Dismiss as to the deceased accused
B) Continue case and note death after trial
C) Proceed against both B.
D) Suspend proceedings
  • 53. The doctrine of “judicial notice” allows a court to.
A) Require expert testimony
B) Apply foreign laws
C) Admit evidence automatically
D) Take knowledge of facts without proof
  • 54. A motion to dismiss based on lack of probable cause was filed after arraignment. What rule applies?
A) Converted to demurrer to evidence
B) Waived right
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) Require re-filing
B) Accept and proceed
C) Dismiss for lack of authority
D) Correct the caption
  • 56. What is the best description of “due process” in criminal procedure?
A) Opportunity to be heard
B) Conviction after trial
C) Speedy resolution
D) Access to counsel
  • 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) Refer to barangay for conciliation
C) Dismiss since it’s a private offense
D) Proceed to trial
  • 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) Compromise
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) File administrative case
D) Appeal to DOJ
  • 61. A confession was signed by an accused without counsel. What is the effect?
A) Admissible if notarized
B) Valid because voluntarily signed
C) Valid if signed before police
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) 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 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) Habeas corpus rule
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) Not applicable
B) Waiver of jury
C) Mode of trial
D) Judicial discretion
  • 66. A trial proceeds despite absence of counsel for the accused. The conviction will be.
A) Valid if evidence strong
B) Void for violation of constitutional rights
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 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) Conduct in-camera trial with justification
D) Proceed publicly as mandated
  • 69. The accused’s right to confront witnesses may be curtailed if.
A) Witness refuses to appear
B) Court denies cross-examination
C) Witness is dead and deposition exists
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) Speedy trial
B) Double jeopardy
C) Due process
D) Equal protection
  • 71. The right to compulsory process allows the accused to.
A) Choose his judge
B) Delay trial
C) Demand dismissal
D) Summon witnesses and evidence
  • 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) 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) 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) Waiver of cross-examination
B) No effect if evidence strong
C) Contempt of court only
D) Mistrial and violation of right to effective counsel
  • 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) Right to bail
B) Speedy trial
C) Speedy disposition of cases
D) Due process
  • 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) Invalid for lack of immediate pursuit
C) Valid hot 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) Warrantless arrest in flagrante delicto
B) Citizen’s arrest
C) Hot pursuit doctrine
D) Administrative 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 under urgency
B) Allowed during curfew
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) All confessions are admissible
B) Illegally obtained evidence must be excluded
C) Only confessions need to be excluded
D) All evidence is 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) Administrative warrant
C) Hot pursuit with personal knowledge
D) In flagrante delicto
  • 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 supported by probable cause
D) Valid if witness testified
  • 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 for probable cause
B) Invalid for lack of personal knowledge
C) Valid if confirmed later
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) Needs warrant
C) Valid as incidental to arrest
D) Unreasonable
  • 88. A warrant issued by an unauthorized judge is.
A) Valid if executed
B) Void and inadmissible
C) Curable by execution
D) Irregular but valid
  • 89. A search warrant must be issued upon.
A) Mere suspicion
B) Anonymous report
C) Probable cause personally determined by the judge
D) Police recommendation
  • 90. A police officer searched a cellphone without a warrant. The search is valid only if.
A) Officer suspects drug use
B) Consent was freely given
C) Phone is expensive
D) Owner was arrested
  • 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) After affidavit is signed
C) Sunday 10 p.m.
D) Saturday noon
  • 93. When is a preliminary investigation mandatory?
A) When offense is punishable by at least 4 years and 2 months imprisonment
B) Only for capital offenses
C) For all criminal cases
D) Optional at prosecutor’s discretion
  • 94. A case was filed in court without preliminary investigation when required. What should the accused do?
A) Proceed and raise on appeal
B) File counter-affidavit
C) Waive by silence
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) Suspended until conciliation
B) Referred to prosecutor
C) Dismissed for lack of cause of action
D) Proceeded with immediately
  • 96. Which case is not covered by the Barangay Justice System?
A) Oral defamation
B) Grave coercion between same barangay residents
C) Murder
D) Slight physical injuries
  • 97. The barangay settlement has the same effect as.
A) Recommendation
B) Police blotter
C) Judgment of the court
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) Serve as trial substitute
B) Determine probable cause before trial
C) Convict the guilty
D) Collect evidence
  • 100. When an inquest prosecutor finds illegal arrest, he must.
A) File case anyway
B) Require affidavit
C) Order immediate release
D) Refer to court
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