(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) Familiarization with court personnel and legal forms
C) All of the above
D) Train criminologist how to testify effectively and properly
  • 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) Arraignment
B) Call to order
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 of the above
B) The court is in session
C) All must rise
D) All must be silent
  • 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) Judge
B) Policeman
C) Clerk of court
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 plaintiff your honor, ready"
D) "For the state your honor, ready"
  • 8. It is a list of cases usually placed or posted on the door of a trial court.
A) Call to order
B) All of these
C) Calendar
D) Roll call of cases
  • 9. Trials and court sessions are usually.
A) Open to the public
B) Open to the members of the bar
C) Exclusive to the litigants and their relatives
D) Exclusive for the litigants
  • 10. When evidence are presented to the court, this constitutes.
A) Witness oath
B) Marking of exhibits
C) Call to order
D) Roll call of cases
  • 11. Before giving his testimony the witness must.
A) Must sign his affidavit
B) Must pray for truthful answers
C) Undertake the witness oath
D) Must pledge to tell the truth
  • 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) Marking of exhibits
C) Witness oath
D) Call to order
  • 13. Primary duty of the prosecutor.
A) To prove the guilt of the accused beyond reasonable doubt
B) To see to it that due process is observed
C) To secure justice
D) To acquit the accused
  • 14. He is the lawyer for the plaintiff.
A) All of the above
B) Counsel de officio
C) Public prosecutor
D) Private prosecutor
  • 15. Another lawyer hired by the victim is designated as.
A) Public prosecutor
B) Counsel de officio
C) Counsel for the defense
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 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) Cross examination
B) Direct 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) Sur-rebuttal evidence
B) Evidence for the prosecution
C) Rebuttal evidence
D) Cross examination
  • 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) Cross examination
D) Re-direct examination
  • 20. It is used to establish facts wherein leading questions are not allowed.
A) Re-cross examination
B) Cross examination
C) Re-direct 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) Counsel de officio
B) Attorney at law
C) Attorney ad Hoc
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) House counsel
B) Attorney ad Hoc
C) Attorney in fact
D) Lead 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) House counsel
B) Counsel de officio
C) Amicus Curiae
D) Attorney in fact
  • 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) Court of Appeals
B) Sandiganbayan
C) Municipal Trial Court
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) Yes, since it is not intentional
B) No, jurisdiction belongs to RTC
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) Res judicata
B) Forum shopping
C) Doctrine of hierarchy of courts
D) Double jeopardy
  • 31. A drug-related case involving 10 grams of shabu is filed. Which court should try the case?
A) MTC
B) Sandiganbayan
C) RTC designated as a drug court
D) Court of Appeals
  • 32. When a lower court renders judgment on a case outside its jurisdiction, that decision is.
A) Void
B) Voidable
C) Valid until annulled
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) Administrative control
C) Appellate jurisdiction
D) Original jurisdiction
  • 34. An appeal from the MTC in a criminal case should be filed before.
A) Sandiganbayan
B) RTC
C) Supreme Court
D) Court of Appeals
  • 35. Which court has jurisdiction over violations of city ordinances?
A) RTC
B) Supreme Court
C) MTC
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) RTC refers to Sandiganbayan
B) Case is void for lack of jurisdiction
C) Proceed normally
D) Dismiss automatically
  • 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) File anew under new law
C) Continue trial
D) Reinstate case
  • 39. A case for estafa involves ₱1.9 million. Which court has jurisdiction?
A) MTC
B) Sandiganbayan
C) CA
D) RTC
  • 40. The Supreme Court reviews death penalty cases under.
A) Original jurisdiction
B) Supervisory power
C) Appellate jurisdiction
D) Automatic review
  • 41. The jurisdiction of courts is determined by.
A) Law at the time of filing
B) Both Law at the time of filing and Nature of the offense
C) Supreme Court circulars
D) Nature of the offense
  • 42. Which case is beyond the jurisdiction of any Philippine court?
A) Foreign diplomat’s criminal act
B) Crime committed by OFW abroad
C) Crime on Philippine vessel abroad
D) Crime on foreign ship in PH waters
  • 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) Treat the case as a private complaint
C) Dismiss the case for lack of jurisdiction
D) Proceed with arraignment
  • 44. In criminal procedure, when does a case officially begin against an accused?
A) Upon filing of the information in court
B) Upon filing of the complaint
C) Upon issuance of subpoena
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) Void complaint for lack of proper party
B) Proceed since theft is public offense
C) Valid filing since the fiscal approved
D) Consider as administrative case
  • 46. The essence of criminal procedure is.
A) To protect state power
B) To convict the guilty
C) To favor the accused
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 to due process
B) Right to bail
C) Right to counsel
D) Right against self-incrimination
  • 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 protect the rights of the accused
D) To ensure justice is done
  • 49. In criminal procedure, the rule of prospective application of procedural laws means.
A) Laws apply only to future cases
B) They can be retroactive if favorable to accused
C) They can cure past errors
D) They affect substantive rights
  • 50. During arraignment, the accused insists he doesn’t understand English. What should the judge do?
A) Proceed since counsel can explain later
B) Record refusal as waiver
C) Appoint an interpreter and repeat the arraignment
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) Amendment before plea is allowed
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) Suspend proceedings
D) Proceed against both B.
  • 53. The doctrine of “judicial notice” allows a court to.
A) Require expert testimony
B) Admit evidence automatically
C) Apply foreign laws
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) 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) Require re-filing
B) Correct the caption
C) Dismiss for lack of authority
D) Accept and proceed
  • 56. What is the best description of “due process” in criminal procedure?
A) Speedy resolution
B) Opportunity to be heard
C) Conviction after trial
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) 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) Conditional pardon
B) Plea bargaining
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) Amendment after verdict
B) Application of variance doctrine
C) Judicial discretion
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 motion for reconsideration before same prosecutor
B) File administrative case
C) File directly in RTC
D) Appeal to DOJ
  • 61. A confession was signed by an accused without counsel. What is the effect?
A) Valid because voluntarily signed
B) Inadmissible as violation of rights
C) Valid if signed before police
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 remain silent
B) Right to speedy trial
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) Right to speedy trial
B) Right to equal protection
C) Right to due process
D) Habeas corpus rule
  • 65. The accused insists on being tried by judge alone in a multiple-judge RTC. This right pertains to.
A) Judicial discretion
B) Not applicable
C) Mode of trial
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) Suspended pending appeal
C) Valid if evidence strong
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 prepare an intelligent defense
B) Is acquitted automatically
C) Can appeal easily
D) Can avoid arrest
  • 68. If a public trial endangers witnesses, the court may.
A) Suspend proceedings
B) Seal all records permanently
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) 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) Double jeopardy
B) Speedy trial
C) Due process
D) Equal protection
  • 71. The right to compulsory process allows the accused to.
A) Demand dismissal
B) Choose his judge
C) Delay trial
D) Summon witnesses and evidence
  • 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) Order amendment
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) 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) Mistrial and violation of right to effective counsel
B) No effect if evidence strong
C) Contempt of court only
D) Waiver of cross-examination
  • 75. The right to bail ceases when.
A) Bail bond expires
B) Trial is delayed
C) Evidence of guilt is strong in a capital offense
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) Speedy disposition of cases
B) Speedy trial
C) Right to bail
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) Administrative arrest
B) Hot pursuit doctrine
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) Crime was committed in his presence
B) It occurs at night
C) He has personal suspicion
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) Allowed during curfew
C) Invalid and violates constitutional rights
D) Valid under urgency
  • 81. Seized evidence during an unlawful search is admissible only if.
A) Accused waives objection
B) Accused is guilty
C) Evidence is crucial
D) None of the above
  • 82. The exclusionary rule states that.
A) Only confessions need to be excluded
B) All confessions are admissible
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) Hot pursuit with personal knowledge
B) In flagrante delicto
C) Administrative warrant
D) Search incidental to arrest
  • 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 items are criminal in nature
D) Valid if witness testified
  • 85. The right violated when a home is entered without a warrant or consent is.
A) None
B) Right against unreasonable searches
C) Right to counsel
D) Right to privacy only
  • 86. A warrantless arrest based solely on anonymous text messages is.
A) Valid for probable cause
B) Allowed under “Stop and Frisk”
C) Invalid for lack of personal knowledge
D) Valid if confirmed later
  • 87. A police officer lawfully arrested a drug suspect and searched his pockets. The search is.
A) Needs warrant
B) Valid as incidental to arrest
C) Requires written consent
D) Unreasonable
  • 88. A warrant issued by an unauthorized judge is.
A) Irregular but valid
B) Void and inadmissible
C) Valid if executed
D) Curable by execution
  • 89. A search warrant must be issued upon.
A) Probable cause personally determined by the judge
B) Mere suspicion
C) Police recommendation
D) Anonymous report
  • 90. A police officer searched a cellphone without a warrant. The search is valid only if.
A) Consent was freely given
B) Phone is expensive
C) Owner was arrested
D) Officer suspects drug use
  • 91. A suspect arrested under hot pursuit was tortured for confession. What rule applies?
A) Hot pursuit doctrine
B) Stop and frisk rule
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) Sunday 10 p.m.
B) Monday morning
C) After affidavit is signed
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) Optional at prosecutor’s discretion
C) Only for capital offenses
D) For all criminal cases
  • 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) 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) Dismissed for lack of cause of action
B) Suspended until conciliation
C) Proceeded with immediately
D) Referred to prosecutor
  • 96. Which case is not covered by the Barangay Justice System?
A) Murder
B) Oral defamation
C) Slight physical injuries
D) Grave coercion between same barangay residents
  • 97. The barangay settlement has the same effect as.
A) Recommendation
B) Judgment of the court
C) Plea bargain
D) Police blotter
  • 98. The barangay conciliation system promotes which constitutional policy?
A) People’s participation and social justice
B) Centralized justice
C) Judicial supremacy
D) Right to bail
  • 99. The purpose of preliminary investigation is to.
A) Collect evidence
B) Convict the guilty
C) Determine probable cause before trial
D) Serve as trial substitute
  • 100. When an inquest prosecutor finds illegal arrest, he must.
A) Require affidavit
B) Refer to court
C) Order immediate release
D) File case anyway
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