(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) Familiarization with court personnel and legal forms
C) All of the above
D) Acquaintance with court room conduct and trial procedures
  • 2. The usual role of police officers during judicial proceedings.
A) To act as an expert witness
B) To serve as a witness
C) To protect the judge
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) Arraignment
C) Call to order
D) Order of trial
  • 4. When the call to order has been undertaken, it is an indication that.
A) All must be silent
B) All must rise
C) All of the above
D) The court is in session
  • 5. Which among the following is not a court personnel?
A) Clerk of court
B) Policeman
C) Stenographer
D) Interpreter
  • 6. His primary duty is to keep peace during trials.
A) Bailiff
B) Clerk of court
C) Judge
D) Policeman
  • 7. The prosecutor in a criminal case would usually utter in roll call.
A) "For the plaintiff your honor, ready"
B) "For the state your honor, ready"
C) "For the accused 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) Exclusive for the litigants
B) Open to the public
C) Exclusive to the litigants and their relatives
D) Open to the members of the bar
  • 10. When evidence are presented to the court, this constitutes.
A) Call to order
B) Marking of exhibits
C) Witness oath
D) Roll call of cases
  • 11. Before giving his testimony the witness must.
A) Must sign his affidavit
B) Must pledge to tell the truth
C) Must pray for truthful answers
D) Undertake the witness oath
  • 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) Call to order
C) Roll call of cases
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 prove the guilt of the accused beyond reasonable doubt
D) To acquit the accused
  • 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) Private prosecutor
B) Counsel for the defense
C) Public prosecutor
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 allowed to continue and answer
B) Is instructed to get out of the witness stand
C) Is instructed to sit down
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) Re-direct question
B) Cross examination
C) Direct examination
D) Re-cross examination
  • 18. After the evidence of the defense is presented, the next step for the order of trial is.
A) Evidence for the prosecution
B) Cross examination
C) Sur-rebuttal evidence
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) Cross examination
C) Direct examination
D) Re-cross examination
  • 20. It is used to establish facts wherein leading questions are not allowed.
A) Re-direct examination
B) Re-cross examination
C) Cross examination
D) 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 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) Attorney ad Hoc
C) Attorney in fact
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) Amicus Curiae
B) Attorney in fact
C) House counsel
D) Counsel de officio
  • 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) Retaining fee
C) Acceptance 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) Forward to the Court of Appeals
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) Proceed without change
B) Withdraw the case and refile with Sandiganbayan
C) Continue trial since jurisdiction is shared
D) File a motion to inhibit
  • 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) Yes, since it is not intentional
B) Yes, since it’s a quasi-offense
C) No, jurisdiction belongs to RTC
D) No, it should go to Sandiganbayan
  • 30. The Ombudsman dismissed a case for lack of jurisdiction. Later, the complainant filed in regular court. What principle applies?
A) Double jeopardy
B) Res judicata
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) MTC
D) Sandiganbayan
  • 32. When a lower court renders judgment on a case outside its jurisdiction, that decision is.
A) Valid until annulled
B) Subject to appeal
C) Voidable
D) Void
  • 33. The Supreme Court orders the transfer of venue of a high-profile trial. This illustrates its.
A) Supervisory power
B) Administrative control
C) Original jurisdiction
D) Appellate jurisdiction
  • 34. An appeal from the MTC in a criminal case should be filed before.
A) RTC
B) Supreme Court
C) Court of Appeals
D) Sandiganbayan
  • 35. Which court has jurisdiction over violations of city ordinances?
A) MTC
B) Supreme Court
C) Court of Appeals
D) RTC
  • 36. When a juvenile offender is charged with robbery with homicide, where must the case be filed?
A) Juvenile Justice Board
B) Family Court (RTC branch)
C) Sandiganbayan
D) MTC
  • 37. A case involving graft and corruption by a mayor is filed in the RTC. What happens?
A) RTC refers to Sandiganbayan
B) Dismiss automatically
C) Proceed normally
D) Case is void for lack of jurisdiction
  • 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) Continue trial
C) Transfer to CA
D) File anew under new law
  • 39. A case for estafa involves ₱1.9 million. Which court has jurisdiction?
A) MTC
B) RTC
C) Sandiganbayan
D) CA
  • 40. The Supreme Court reviews death penalty cases under.
A) Supervisory power
B) Automatic review
C) Appellate jurisdiction
D) Original 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) Nature of the offense
D) Law at the time of filing
  • 42. Which case is beyond the jurisdiction of any Philippine court?
A) Crime committed by OFW abroad
B) Crime on foreign ship in PH waters
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) Order the police to file before the prosecutor’s office
B) Proceed with arraignment
C) Dismiss the case for lack of jurisdiction
D) Treat the case as a private complaint
  • 44. In criminal procedure, when does a case officially begin against an accused?
A) Upon arrest
B) Upon issuance of subpoena
C) Upon filing of the information in court
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) Proceed since theft is public offense
B) Consider as administrative case
C) Void complaint for lack of proper party
D) Valid filing since the fiscal approved
  • 46. The essence of criminal procedure is.
A) To favor the accused
B) To protect state power
C) To convict the guilty
D) To secure justice and due process
  • 47. When the prosecutor files an information without preliminary investigation in a required case, what right is violated?
A) Right against self-incrimination
B) Right to counsel
C) Right to due process
D) Right to bail
  • 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 protect the rights of the accused
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 cure past errors
C) They can be retroactive if favorable to accused
D) Laws apply only to future cases
  • 50. During arraignment, the accused insists he doesn’t understand English. What should the judge do?
A) Record refusal as waiver
B) Dismiss the case
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 before plea is allowed
B) Amendment always requires consent
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) Dismiss as to the deceased accused
B) Proceed against both B.
C) Suspend proceedings
D) Continue case and note death after trial
  • 53. The doctrine of “judicial notice” allows a court to.
A) Take knowledge of facts without proof
B) Require expert testimony
C) Admit evidence automatically
D) Apply foreign laws
  • 54. A motion to dismiss based on lack of probable cause was filed after arraignment. What rule applies?
A) Must be resolved immediately
B) Waived right
C) Converted to demurrer to evidence
D) Filed at any time
  • 55. If the information is filed by someone other than the prosecutor, the court should.
A) Correct the caption
B) Require re-filing
C) Dismiss for lack of authority
D) Accept and proceed
  • 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) Refer to barangay for conciliation
B) Acquit automatically
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) Compromise
B) Mitigating admission
C) Plea bargaining
D) Conditional pardon
  • 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) Violation of due process
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 directly in RTC
B) Appeal to DOJ
C) File motion for reconsideration before same prosecutor
D) File administrative case
  • 61. A confession was signed by an accused without counsel. What is the effect?
A) Valid because voluntarily signed
B) Admissible if notarized
C) Inadmissible as violation of rights
D) Valid if signed before police
  • 62. The accused wants to defend himself personally instead of through a lawyer. The court should.
A) Proceed with appointed counsel
B) Allow it if he knowingly waives counsel
C) Deny it outright
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) 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) 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 accused agreed
B) Void for violation of constitutional rights
C) Valid if evidence strong
D) Suspended pending appeal
  • 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) Proceed publicly as mandated
B) Conduct in-camera trial with justification
C) Suspend proceedings
D) Seal all records permanently
  • 69. The accused’s right to confront witnesses may be curtailed if.
A) Accused waives counsel
B) Witness refuses to appear
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) Due process
C) Double jeopardy
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) Order amendment
B) Reject for being beyond the charge
C) Allow if favorable to accused
D) Admit for completeness
  • 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) Contempt of court only
B) Mistrial and violation of right to effective counsel
C) No effect if evidence strong
D) Waiver of cross-examination
  • 75. The right to bail ceases when.
A) Trial is delayed
B) Evidence of guilt is strong in a capital offense
C) Case is appealed
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) Speedy disposition of cases
B) Speedy trial
C) Due process
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) Invalid for lack of immediate pursuit
B) Valid hot pursuit
C) Valid if with barangay clearance
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) Warrantless arrest in flagrante delicto
B) Hot pursuit doctrine
C) Citizen’s arrest
D) Administrative arrest
  • 79. A warrantless arrest made by a private citizen of a fleeing robber is valid when.
A) He has personal suspicion
B) It occurs at night
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) Allowed during curfew
B) Invalid and violates constitutional rights
C) Valid under urgency
D) Valid if consented to
  • 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 evidence is admissible
B) Illegally obtained evidence must be excluded
C) Only confessions need to 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) Search incidental to arrest
B) Hot pursuit with personal knowledge
C) In flagrante delicto
D) Administrative warrant
  • 84. A search warrant that fails to particularly describe the items to be seized is.
A) Valid if supported by probable cause
B) Void for generality
C) Valid if witness testified
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 privacy only
C) Right against unreasonable searches
D) Right to counsel
  • 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) Requires written consent
B) Needs warrant
C) Unreasonable
D) Valid as incidental to arrest
  • 88. A warrant issued by an unauthorized judge is.
A) Valid if executed
B) Void and inadmissible
C) Irregular but valid
D) Curable by execution
  • 89. A search warrant must be issued upon.
A) Mere suspicion
B) Police recommendation
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) Owner was arrested
B) Consent was freely given
C) Officer suspects drug use
D) Phone is expensive
  • 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) Saturday noon
B) Monday morning
C) Sunday 10 p.m.
D) After affidavit is signed
  • 93. When is a preliminary investigation mandatory?
A) For all criminal cases
B) Optional at prosecutor’s discretion
C) When offense is punishable by at least 4 years and 2 months imprisonment
D) Only for capital offenses
  • 94. A case was filed in court without preliminary investigation when required. What should the accused do?
A) File counter-affidavit
B) Waive by silence
C) File motion to dismiss before arraignment
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) Proceeded with immediately
B) Dismissed for lack of cause of action
C) Referred to prosecutor
D) Suspended until conciliation
  • 96. Which case is not covered by the Barangay Justice System?
A) Grave coercion between same barangay residents
B) Slight physical injuries
C) Murder
D) Oral defamation
  • 97. The barangay settlement has the same effect as.
A) Police blotter
B) Plea bargain
C) Judgment of the court
D) Recommendation
  • 98. The barangay conciliation system promotes which constitutional policy?
A) Centralized justice
B) Judicial supremacy
C) People’s participation and social justice
D) Right to bail
  • 99. The purpose of preliminary investigation is to.
A) Collect evidence
B) Serve as trial substitute
C) Convict the guilty
D) Determine probable cause before trial
  • 100. When an inquest prosecutor finds illegal arrest, he must.
A) File case anyway
B) Refer to court
C) Order immediate release
D) Require affidavit
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