Criminal Procedure and Court Testimony ALPHA 1
  • 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) Train criminologist how to testify effectively and properly
D) All of the above
  • 2. The usual role of police officers during judicial proceedings.
A) To act as an expert witness
B) To protect the accused
C) To serve as a witness
D) To protect the judge
  • 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) Roll call of cases
D) Order of trial
  • 4. When the call to order has been undertaken, it is an indication that.
A) The court is in session
B) All must rise
C) All of the above
D) All must be silent
  • 5. Which among the following is not a court personnel?
A) Interpreter
B) Stenographer
C) Clerk of court
D) Policeman
  • 6. What is the main purpose of criminal procedure?
A) To establish crimes
B) To govern criminal proceedings
C) To regulate contracts
D) To set police salaries
  • 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) Call to order
B) Roll call of cases
C) All of these
D) Calendar
  • 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. Who generally issues an arrest warrant?
A) Police officer
B) Witness
C) Prosecutor
D) Judge
  • 11. Before giving his testimony the witness must.
A) Must pray for truthful answers
B) Must pledge to tell the truth
C) Must sign his affidavit
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) Witness oath
B) Roll call of cases
C) Marking of exhibits
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. What does bail primarily help secure?
A) Dismissal of charges
B) Appearance of the accused in court
C) Payment of court salaries
D) Automatic acquittal
  • 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 allowed to continue and answer
B) Is instructed to sit down
C) Is not allowed to answer the question directed by counsel
D) Is instructed to get out of the witness stand
  • 17. The question, "when did you first meet the accused" is an example of a.
A) Re-direct question
B) Re-cross examination
C) Direct examination
D) 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) Cross examination
C) Evidence for the prosecution
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) Re-cross examination
D) Direct examination
  • 20. It is used to establish facts wherein leading questions are not allowed.
A) Direct examination
B) Cross examination
C) Re-cross 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 at law
B) Attorney of record
C) Counsel de officio
D) Attorney ad Hoc
  • 22. Who represents the State in prosecuting a criminal case?.
A) Public prosecutor
B) Defense counsel
C) Court interpreter
D) Court stenographer
  • 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 in fact
B) House counsel
C) Lead Counsel
D) Attorney ad Hoc
  • 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) Counsel de officio
C) Amicus Curiae
D) House counsel
  • 25. What is the function of a defense lawyer?
A) To decide the verdict
B) To protect the accused's legal rights
C) To issue warrants
D) To sentence the accused
  • 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) Transfer to the Regional Trial Court
B) Forward to the Court of Appeals
C) Dismiss for lack of jurisdiction
D) Proceed with trial to avoid delay
  • 27. What is the presumption of innocence?
A) Every accused is automatically released
B) The accused must prove guilt
C) The accused is presumed innocent until proven guilty
D) The complainant is always correct
  • 28. A barangay captain faces a complaint for falsification of a public document. Which court has original jurisdiction?
A) Court of Appeals
B) Regional Trial Court
C) Municipal Trial Court
D) Sandiganbayan
  • 29. What is the purpose of a preliminary investigation?
A) To impose imprisonment
B) To conduct cross-examination at trial
C) To decide the final verdict
D) To determine whether there is sufficient ground to hold the respondent for trial
  • 30. What is a subpoena?
A) An arrest record
B) A legal order requiring a person to appear or produce documents
C) A final judgment
D) A search warrant
  • 31. What is a search warrant?
A) A witness statement
B) A notice of appeal
C) A judicial order authorizing a search under specified conditions
D) An order to convict
  • 32. What is the purpose of a warrant of arrest?
A) To authorize the arrest of a person
B) To dismiss a complaint
C) To acquit an accused
D) To release seized evidence
  • 33. What is a plea of guilty?
A) Denial of the charge
B) Appeal against conviction
C) Request for bail
D) Admission of guilt to the charge
  • 34. An appeal from the MTC in a criminal case should be filed before.
A) Supreme Court
B) Court of Appeals
C) RTC
D) Sandiganbayan
  • 35. What is the purpose of a trial?
A) To guarantee conviction
B) To determine police promotions
C) To replace the complaint
D) To evaluate evidence and determine the case
  • 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. What is the main purpose of witness testimony?
A) To guarantee acquittal
B) To replace the judge
C) To impose punishment
D) To provide relevant information under oath
  • 38. What does an oath require from a witness?
A) An agreement to convict the accused
B) A commitment to tell the truth
C) A promise to support the prosecutor
D) A promise to avoid all questions
  • 39. A case for estafa involves ₱1.9 million. Which court has jurisdiction?
A) Sandiganbayan
B) CA
C) MTC
D) RTC
  • 40. What is perjury?
A) Making a willfully false statement under oath in circumstances covered by law
B) Filing a lawful appeal
C) Requesting legal counsel
D) Refusing a private invitation
  • 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. What is hearsay evidence generally?
A) Testimony based on personal knowledge
B) An out-of-court statement offered to prove the truth of what it asserts, subject to exceptions
C) A document authenticated in court
D) Evidence personally observed by the witness
  • 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) Dismiss the case for lack of jurisdiction
C) Treat the case as a private complaint
D) Order the police to file before the prosecutor’s office
  • 44. In criminal procedure, when does a case officially begin against an accused?
A) Upon filing of the information in court
B) Upon arrest
C) Upon issuance of subpoena
D) Upon filing of the complaint
  • 45. What is leading question?
A) A question without relevance
B) A question requiring a written answer
C) A question that suggests the answer
D) A question asked only by a judge
  • 46. The essence of criminal procedure is.
A) To convict the guilty
B) To secure justice and due process
C) To favor the accused
D) To protect state power
  • 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 due process
C) Right to bail
D) Right to counsel
  • 48. Which of the following is not a purpose of criminal procedure?
A) To protect the rights of the accused
B) To secure the conviction of the guilty
C) To provide a fair trial
D) To ensure justice is done
  • 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. Who rules on objections during trial?
A) Judge
B) Complainant
C) Arresting officer
D) Court reporter
  • 51. What is an exhibit in court?
A) A witness's personal opinion only
B) A court employee
C) A type of sentence
D) An item or document offered as evidence
  • 52. A criminal case was filed against two accused. One died before arraignment. What should the court do?
A) Proceed against bothB.
B) Suspend proceedings
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) Must be resolved immediately
D) Converted to demurrer to evidence
  • 55. What is the purpose of an evidence marking?
A) To replace authentication
B) To declare guilt
C) To identify an item or document for the proceedings
D) To dismiss a charge
  • 56. What is the best description of “due process” in criminal procedure?
A) Opportunity to be heard
B) Conviction after trial
C) Access to counsel
D) Speedy resolution
  • 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) Acquit automatically
C) Refer to barangay for conciliation
D) Dismiss since it’s a private offense
  • 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) Mitigating admission
D) Conditional pardon
  • 59. The accused is charged for murder but information states no qualifying circumstance. The court convicts for homicide. This shows.
A) Violation of due process
B) Amendment after verdict
C) Application of variance doctrine
D) Judicial discretion
  • 60. What is authentication of evidence?
A) Automatically admitting every document
B) Establishing that evidence is what it is claimed to be
C) Destroying evidence
D) Hiding evidence from the court
  • 61. A confession was signed by an accused without counsel. What is the effect?
A) Inadmissible as violation of rights
B) Admissible if notarized
C) Valid if signed before police
D) Valid because voluntarily signed
  • 62. The accused wants to defend himself personally instead of through a lawyer. The court should.
A) Proceed with appointed counsel
B) Deny it outright
C) Allow it if he knowingly waives 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 remain silent
D) Right to speedy trial
  • 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. What is the chain of custody?
A) The process of sentencing
B) The schedule of hearings
C) The documented handling and transfer of evidence
D) The list of court employees
  • 66. A trial proceeds despite absence of counsel for the accused. The conviction will be.
A) Suspended pending appeal
B) Void for violation of constitutional rights
C) Valid if accused agreed
D) Valid if evidence strong
  • 67. Why is chain of custody important?
A) It helps establish the identity and integrity of evidence
B) It guarantees conviction
C) It eliminates the need for laboratory testing
D) It replaces witness testimony
  • 68. If a public trial endangers witnesses, the court may.
A) Seal all records permanently
B) Proceed publicly as mandated
C) Suspend proceedings
D) Conduct in-camera trial with justification
  • 69. What does reasonable doubt mean?
A) Absolute certainty is required
B) A doubt based on reason and evidence, not mere speculation
C) Automatic proof of innocence
D) Any imaginary possibility
  • 70. An accused was acquitted but later re-arrested for the same offense under a different case number. This violates.
A) Due process
B) Speedy trial
C) Double jeopardy
D) Equal protection
  • 71. What is a conviction?
A) A subpoena
B) A judgment finding the accused guilty
C) A dismissal of every complaint
D) A witness affidavit
  • 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. What is an appeal?
A) A request for review of a decision by a higher court
B) A witness oath
C) An arrest without a warrant
D) A preliminary investigation
  • 74. The defense lawyer was asleep during crucial testimony. This results in.
A) Mistrial and violation of right to effective counsel
B) Waiver of cross-examination
C) No effect if evidence strong
D) Contempt of court only
  • 75. The right to bail ceases when.
A) Case is appealed
B) Bail bond expires
C) Evidence of guilt is strong in a capital offense
D) Trial is delayed
  • 76. What is a judgment?
A) The court's decision resolving the case or an issue
B) A police interview
C) A witness's guess
D) A search of a residence
  • 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 hot 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) 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) The robber is described by police
B) Crime was committed in his presence
C) It occurs at night
D) He has personal suspicion
  • 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) Evidence is crucial
B) Accused waives objection
C) Accused is guilty
D) None of the above
  • 82. The exclusionary rule states that.
A) Illegally obtained evidence must be excluded
B) All evidence is admissible
C) Only confessions need to be excluded
D) All confessions are admissible
  • 83. What is a stipulation of facts?
A) An arrest warrant
B) A judge's personal opinion
C) A witness's rumor
D) An agreement by the parties on certain facts
  • 84. A search warrant that fails to particularly describe the items to be seized is.
A) Valid if witness testified
B) Valid if supported by probable cause
C) Void for generality
D) Valid if items are criminal in nature
  • 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) Right against unreasonable searches
D) None
  • 86. A warrantless arrest based solely on anonymous text messages is.
A) Valid if confirmed later
B) Allowed under “Stop and Frisk”
C) Valid for probable cause
D) Invalid for lack of personal knowledge
  • 87. A police officer lawfully arrested a drug suspect and searched his pockets. The search is.
A) Unreasonable
B) Needs warrant
C) Requires written consent
D) Valid as incidental to arrest
  • 88. A warrant issued by an unauthorized judge is.
A) Void and inadmissible
B) Irregular but valid
C) Valid if executed
D) Curable by execution
  • 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) Officer suspects drug use
B) Owner was arrested
C) Phone is expensive
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) Exclusionary rule on coerced confessions
C) Res gestae
D) Hot pursuit doctrine
  • 92. What should a witness do when they do not understand a question?
A) Ask for clarification
B) Guess the answer
C) Remain silent forever
D) Change the subject
  • 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) Optional at prosecutor’s discretion
D) For all criminal cases
  • 94. What is personal knowledge in testimony?
A) Information learned only from rumors
B) Information invented by counsel
C) Information read from an unrelated document
D) Knowledge gained through the witness's own senses or experiences
  • 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) Grave coercion between same barangay residents
B) Oral defamation
C) Murder
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. What is an affidavit?
A) An arrest warrant
B) A final court judgment
C) A written statement sworn or affirmed before an authorized person
D) An oral objection
  • 99. The purpose of preliminary investigation is to.
A) Serve as trial substitute
B) Collect evidence
C) Determine probable cause before trial
D) Convict the guilty
  • 100. When an inquest prosecutor finds illegal arrest, he must.
A) Require affidavit
B) File case anyway
C) Order immediate release
D) Refer to court
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