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(CLJ 6) CRIMINAL PROCEDURE AND COURT TESTIMONY
Contributed by: Ninge
  • 1. The relevance of the study of practice court is to criminology is.
A) Familiarization with court personnel and legal forms
B) Train criminologist how to testify effectively and properly
C) Acquaintance with court room conduct and trial procedures
D) All of the above
  • 2. The usual role of police officers during judicial proceedings.
A) To serve as a witness
B) To act as an expert 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) 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 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) Policeman
B) Clerk of court
C) Interpreter
D) Stenographer
  • 6. His primary duty is to keep peace during trials.
A) Judge
B) Bailiff
C) Policeman
D) Clerk of court
  • 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 people 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) Roll call of cases
B) All of these
C) Call to order
D) Calendar
  • 9. Trials and court sessions are usually.
A) Open to the public
B) Exclusive to the litigants and their relatives
C) Open to the members of the bar
D) Exclusive for the litigants
  • 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 pledge to tell the truth
B) Must sign his affidavit
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) Witness oath
B) Roll call of cases
C) Call to order
D) Marking of exhibits
  • 13. Primary duty of the prosecutor.
A) To see to it that due process is observed
B) To acquit the accused
C) To secure justice
D) To prove the guilt of the accused beyond reasonable doubt
  • 14. He is the lawyer for the plaintiff.
A) Private prosecutor
B) All of the above
C) Counsel de officio
D) Public prosecutor
  • 15. Another lawyer hired by the victim is designated as.
A) Counsel de officio
B) Private prosecutor
C) Public prosecutor
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 instructed to get out of the witness stand
B) Is not allowed to answer the question directed by counsel
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) Re-cross examination
B) 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) Sur-rebuttal evidence
B) Cross examination
C) 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) Re-cross examination
C) Cross examination
D) Re-direct examination
  • 20. It is used to establish facts wherein leading questions are not allowed.
A) Cross examination
B) Direct 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 ad Hoc
B) Attorney of record
C) Counsel de officio
D) Attorney at law
  • 22. An attorney whose name must appear in the permanent record or file of the case.
A) Attorney ad Hoc
B) Counsel de officio
C) Attorney at law
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 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) 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) Acceptance fee
C) Special retainer
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) Transfer to the Regional Trial Court
B) Forward to the Court of Appeals
C) Proceed with trial to avoid delay
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) Continue trial since jurisdiction is shared
C) Withdraw the case and refile with Sandiganbayan
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) 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’s a quasi-offense
B) No, it should go to Sandiganbayan
C) No, jurisdiction belongs to RTC
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) Doctrine of hierarchy of courts
B) Res judicata
C) Forum shopping
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) Court of Appeals
D) RTC designated as a drug court
  • 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) Appellate jurisdiction
D) Administrative control
  • 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) RTC
B) Supreme Court
C) Court of Appeals
D) MTC
  • 36. When a juvenile offender is charged with robbery with homicide, where must the case be filed?
A) Sandiganbayan
B) Family Court (RTC branch)
C) MTC
D) Juvenile Justice Board
  • 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) Case is void for lack of jurisdiction
D) Proceed normally
  • 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) File anew under new law
C) Transfer to CA
D) Continue trial
  • 39. A case for estafa involves ₱1.9 million. Which court has jurisdiction?
A) Sandiganbayan
B) RTC
C) MTC
D) CA
  • 40. The Supreme Court reviews death penalty cases under.
A) Original jurisdiction
B) Automatic review
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) Foreign diplomat’s criminal act
B) Crime committed by OFW abroad
C) Crime on foreign ship in PH waters
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) Dismiss the case for lack of jurisdiction
C) Order the police to file before the prosecutor’s office
D) Treat the case as a private complaint
  • 44. In criminal procedure, when does a case officially begin against an accused?
A) Upon issuance of subpoena
B) Upon filing of the complaint
C) Upon arrest
D) Upon filing of the information in court
  • 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) Void complaint for lack of proper party
C) Valid filing since the fiscal approved
D) Consider as administrative case
  • 46. The essence of criminal procedure is.
A) To secure justice and due process
B) To protect state power
C) To favor the accused
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 counsel
B) Right to due process
C) Right against self-incrimination
D) Right to bail
  • 48. Which of the following is not a purpose of criminal procedure?
A) To protect the rights of the accused
B) To ensure justice is done
C) To secure the conviction of the guilty
D) To provide a fair trial
  • 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 affect substantive rights
D) They can be retroactive if favorable to accused
  • 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) Dismiss the case
C) Record refusal as waiver
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 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) Continue case and note death after trial
B) Suspend proceedings
C) Proceed against both B.
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) Admit evidence automatically
C) Apply foreign laws
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) Converted to demurrer to evidence
C) Must be resolved immediately
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) Dismiss for lack of authority
C) Require re-filing
D) Accept and proceed
  • 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) Proceed to trial
B) Refer to barangay for conciliation
C) Acquit automatically
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) Mitigating admission
B) Compromise
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) Violation of due process
B) Application of variance doctrine
C) Amendment after verdict
D) Judicial discretion
  • 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) Appeal to DOJ
C) File directly in RTC
D) File administrative case
  • 61. A confession was signed by an accused without counsel. What is the effect?
A) Valid if signed before police
B) Inadmissible as violation of rights
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) Deny it outright
B) Proceed with appointed counsel
C) Require standby counsel
D) Allow it if he knowingly waives counsel
  • 63. When the court prevents an accused from presenting evidence for the defense, this violates.
A) Right to speedy trial
B) Right to due process
C) Right to remain silent
D) Right against self-incrimination
  • 64. An accused was detained for 10 years without trial. This constitutes a violation of.
A) Right to speedy trial
B) Habeas corpus rule
C) Right to equal protection
D) Right to due process
  • 65. The accused insists on being tried by judge alone in a multiple-judge RTC. This right pertains to.
A) Mode of trial
B) Judicial discretion
C) Waiver of jury
D) Not applicable
  • 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) Void for violation of constitutional rights
D) Valid if evidence strong
  • 67. The right to be informed of the nature and cause of accusation ensures that the accused.
A) Can avoid arrest
B) Can prepare an intelligent defense
C) Is acquitted automatically
D) Can appeal easily
  • 68. If a public trial endangers witnesses, the court may.
A) Conduct in-camera trial with justification
B) Proceed publicly as mandated
C) Suspend proceedings
D) Seal all records permanently
  • 69. The accused’s right to confront witnesses may be curtailed if.
A) Court denies cross-examination
B) Witness refuses to appear
C) Accused waives counsel
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) Double jeopardy
C) Speedy trial
D) Due process
  • 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) Admit for completeness
C) Reject for being beyond the charge
D) Allow if favorable to accused
  • 73. If a lawyer refuses to present evidence in protest of alleged bias, what must the judge do?
A) Continue trial
B) Dismiss the case
C) Warn counsel and appoint amicus
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) 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) Trial is delayed
B) Case is appealed
C) Bail bond expires
D) Evidence of guilt is strong in a capital offense
  • 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 trial
C) Right to bail
D) Speedy disposition of cases
  • 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 hot pursuit
B) Invalid for lack of immediate 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) Citizen’s arrest
B) Hot pursuit doctrine
C) Warrantless arrest in flagrante delicto
D) Administrative 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) He has personal suspicion
C) The robber is described by police
D) It occurs at night
  • 80. Search of a house based only on verbal order of police chief is.
A) Invalid and violates constitutional rights
B) Valid if consented to
C) Allowed during curfew
D) Valid under urgency
  • 81. Seized evidence during an unlawful search is admissible only if.
A) Accused is guilty
B) Accused waives objection
C) None of the above
D) Evidence is crucial
  • 82. The exclusionary rule states that.
A) All evidence is admissible
B) All confessions are admissible
C) Illegally obtained evidence must be excluded
D) Only confessions need to be excluded
  • 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) In flagrante delicto
D) Hot pursuit with personal knowledge
  • 84. A search warrant that fails to particularly describe the items to be seized is.
A) Valid if supported by probable cause
B) Valid if witness testified
C) Valid if items are criminal in nature
D) Void for generality
  • 85. The right violated when a home is entered without a warrant or consent is.
A) Right to counsel
B) Right to privacy only
C) None
D) Right against unreasonable searches
  • 86. A warrantless arrest based solely on anonymous text messages is.
A) Invalid for lack of personal knowledge
B) Valid if confirmed later
C) Valid for probable cause
D) Allowed under “Stop and Frisk”
  • 87. A police officer lawfully arrested a drug suspect and searched his pockets. The search is.
A) Valid as incidental to arrest
B) Unreasonable
C) Needs warrant
D) Requires written consent
  • 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) Police recommendation
C) Mere suspicion
D) Anonymous report
  • 90. A police officer searched a cellphone without a warrant. The search is valid only if.
A) Phone is expensive
B) Consent was freely given
C) Officer suspects drug use
D) Owner was arrested
  • 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) Sunday 10 p.m.
C) After affidavit is signed
D) Monday morning
  • 93. When is a preliminary investigation mandatory?
A) Only for capital offenses
B) Optional at prosecutor’s discretion
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) Proceed and raise on appeal
B) File motion to dismiss before arraignment
C) File counter-affidavit
D) Waive by silence
  • 95. If a complaint is filed directly in court without barangay conciliation when required, the case should be.
A) Suspended until conciliation
B) Dismissed for lack of cause of action
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) Judgment of the court
B) Police blotter
C) Plea bargain
D) Recommendation
  • 98. The barangay conciliation system promotes which constitutional policy?
A) Right to bail
B) People’s participation and social justice
C) Centralized justice
D) Judicial supremacy
  • 99. The purpose of preliminary investigation is to.
A) Determine probable cause before trial
B) Convict the guilty
C) Collect evidence
D) Serve as trial substitute
  • 100. When an inquest prosecutor finds illegal arrest, he must.
A) Refer to court
B) Order immediate release
C) File case anyway
D) Require affidavit
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