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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) 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 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) Order of trial
B) Roll call of cases
C) Call to order
D) Arraignment
  • 4. When the call to order has been undertaken, it is an indication that.
A) All must rise
B) The court is in session
C) All must be silent
D) All of the above
  • 5. Which among the following is not a court personnel?
A) Stenographer
B) Clerk of court
C) Policeman
D) Interpreter
  • 6. His primary duty is to keep peace during trials.
A) Policeman
B) Clerk of court
C) Bailiff
D) Judge
  • 7. The prosecutor in a criminal case would usually utter in roll call.
A) "For the accused your honor, ready"
B) "For the people 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) Roll call of cases
C) Calendar
D) All of these
  • 9. Trials and court sessions are usually.
A) Exclusive for the litigants
B) Open to the public
C) Open to the members of the bar
D) Exclusive to the litigants and their relatives
  • 10. When evidence are presented to the court, this constitutes.
A) Roll call of cases
B) Marking of exhibits
C) Call to order
D) Witness oath
  • 11. Before giving his testimony the witness must.
A) Must pray for truthful answers
B) Must pledge to tell the truth
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) Marking of exhibits
B) Roll call of cases
C) Call to order
D) Witness oath
  • 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 acquit the accused
D) To secure justice
  • 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) 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 instructed to get out of the witness stand
B) Is not allowed to answer the question directed by counsel
C) Is allowed to continue and answer
D) Is instructed to sit down
  • 17. The question, "when did you first meet the accused" is an example of a.
A) Cross examination
B) Direct examination
C) Re-cross examination
D) Re-direct question
  • 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) Rebuttal evidence
D) Sur-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-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 of record
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 of record
B) Attorney ad Hoc
C) Attorney at law
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 in fact
C) House 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) House counsel
C) Counsel de officio
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) Acceptance fee
B) Retaining fee
C) General retainer
D) Special 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) Withdraw the case and refile with Sandiganbayan
C) File a motion to inhibit
D) Proceed without change
  • 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) Sandiganbayan
D) Municipal 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, it should go to Sandiganbayan
B) No, jurisdiction belongs to RTC
C) Yes, since it is not intentional
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) Double jeopardy
B) Forum shopping
C) Res judicata
D) Doctrine of hierarchy of courts
  • 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) Void
B) Valid until annulled
C) Subject to appeal
D) Voidable
  • 33. The Supreme Court orders the transfer of venue of a high-profile trial. This illustrates its.
A) Original jurisdiction
B) Administrative control
C) Appellate jurisdiction
D) Supervisory power
  • 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. Which court has jurisdiction over violations of city ordinances?
A) Supreme Court
B) RTC
C) Court of Appeals
D) MTC
  • 36. When a juvenile offender is charged with robbery with homicide, where must the case be filed?
A) MTC
B) Sandiganbayan
C) Juvenile Justice Board
D) Family Court (RTC branch)
  • 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) MTC
B) RTC
C) CA
D) Sandiganbayan
  • 40. The Supreme Court reviews death penalty cases under.
A) Automatic review
B) Appellate jurisdiction
C) Supervisory power
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 on foreign ship in PH waters
B) Crime committed by OFW abroad
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) Dismiss the case for lack of jurisdiction
B) Proceed with arraignment
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 information in court
C) Upon arrest
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) Proceed since theft is public offense
C) Void complaint for lack of proper party
D) Consider as administrative case
  • 46. The essence of criminal procedure is.
A) To secure justice and due process
B) To convict the guilty
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 to due process
B) Right against self-incrimination
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 provide a fair trial
C) To secure the conviction of the guilty
D) To ensure justice is done
  • 49. In criminal procedure, the rule of prospective application of procedural laws means.
A) They can be retroactive if favorable to accused
B) They affect substantive rights
C) Laws apply only to future cases
D) They can cure past errors
  • 50. During arraignment, the accused insists he doesn’t understand English. What should the judge do?
A) Proceed since counsel can explain later
B) Dismiss the case
C) Record refusal as waiver
D) Appoint an interpreter and repeat the arraignment
  • 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 before plea is allowed
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) Proceed against both B.
B) Suspend proceedings
C) Dismiss as to the deceased accused
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) Waived right
B) Filed at any time
C) Must be resolved immediately
D) Converted to demurrer to evidence
  • 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) Access to counsel
B) Speedy resolution
C) Conviction after trial
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) Dismiss since it’s a private offense
C) Acquit automatically
D) Proceed to trial
  • 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) Violation of due process
C) Judicial discretion
D) Application of variance doctrine
  • 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) File administrative case
C) Appeal to DOJ
D) File motion for reconsideration before same prosecutor
  • 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) Allow it if he knowingly waives counsel
B) Proceed with appointed counsel
C) Require standby counsel
D) Deny it outright
  • 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 against self-incrimination
D) Right to remain silent
  • 64. An accused was detained for 10 years without trial. This constitutes a violation of.
A) Right to due process
B) Right to equal protection
C) Right to speedy trial
D) Habeas corpus rule
  • 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) Judicial discretion
D) Mode of trial
  • 66. A trial proceeds despite absence of counsel for the accused. The conviction will be.
A) Valid if evidence strong
B) Suspended pending appeal
C) Void for violation of constitutional rights
D) Valid if accused agreed
  • 67. The right to be informed of the nature and cause of accusation ensures that the accused.
A) Can appeal easily
B) Is acquitted automatically
C) Can avoid arrest
D) Can prepare an intelligent defense
  • 68. If a public trial endangers witnesses, the court may.
A) Proceed publicly as mandated
B) Suspend proceedings
C) Conduct in-camera trial with justification
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) Witness is dead and deposition exists
D) Court denies cross-examination
  • 70. An accused was acquitted but later re-arrested for the same offense under a different case number. This violates.
A) Speedy trial
B) Due process
C) Double jeopardy
D) Equal protection
  • 71. The right to compulsory process allows the accused to.
A) Choose his judge
B) Demand dismissal
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) Allow if favorable to accused
B) Reject for being beyond the charge
C) Order amendment
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) Suspend to protect accused’s right to counsel
C) Dismiss the case
D) Continue trial
  • 74. The defense lawyer was asleep during crucial testimony. This results in.
A) Waiver of cross-examination
B) Contempt of court only
C) Mistrial and violation of right to effective counsel
D) No effect if evidence strong
  • 75. The right to bail ceases when.
A) Case is appealed
B) Evidence of guilt is strong in a capital offense
C) Bail bond expires
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 disposition of cases
C) Due process
D) Speedy trial
  • 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) Valid if with barangay clearance
C) Valid if suspect admits guilt
D) Invalid for lack of immediate pursuit
  • 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) Administrative arrest
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) 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) 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 waives objection
C) None of the above
D) Accused is guilty
  • 82. The exclusionary rule states that.
A) Illegally obtained evidence must be excluded
B) All confessions are admissible
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) Administrative warrant
B) Hot pursuit with personal knowledge
C) Search incidental to arrest
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 witness testified
D) Valid if supported by probable cause
  • 85. The right violated when a home is entered without a warrant or consent is.
A) Right to privacy only
B) None
C) Right against unreasonable searches
D) Right to counsel
  • 86. A warrantless arrest based solely on anonymous text messages is.
A) Allowed under “Stop and Frisk”
B) Invalid for lack of personal knowledge
C) Valid if confirmed later
D) Valid for probable cause
  • 87. A police officer lawfully arrested a drug suspect and searched his pockets. The search is.
A) Requires written consent
B) Unreasonable
C) Needs warrant
D) Valid as incidental to arrest
  • 88. A warrant issued by an unauthorized judge is.
A) Void and inadmissible
B) Valid if executed
C) Irregular but valid
D) Curable by execution
  • 89. A search warrant must be issued upon.
A) Probable cause personally determined by the judge
B) Anonymous report
C) Mere suspicion
D) Police recommendation
  • 90. A police officer searched a cellphone without a warrant. The search is valid only if.
A) Consent was freely given
B) Owner was arrested
C) Phone is expensive
D) Officer suspects drug use
  • 91. A suspect arrested under hot pursuit was tortured for confession. What rule applies?
A) Stop and frisk rule
B) Res gestae
C) Exclusionary rule on coerced confessions
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) Sunday 10 p.m.
B) After affidavit is signed
C) Saturday noon
D) Monday morning
  • 93. When is a preliminary investigation mandatory?
A) For all criminal cases
B) When offense is punishable by at least 4 years and 2 months imprisonment
C) Optional at prosecutor’s discretion
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) Proceed and raise on appeal
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) Proceeded with immediately
B) Suspended until conciliation
C) Referred to prosecutor
D) Dismissed for lack of cause of action
  • 96. Which case is not covered by the Barangay Justice System?
A) Murder
B) Grave coercion between same barangay residents
C) Oral defamation
D) Slight physical injuries
  • 97. The barangay settlement has the same effect as.
A) Judgment of the court
B) Plea bargain
C) Police blotter
D) Recommendation
  • 98. The barangay conciliation system promotes which constitutional policy?
A) Centralized justice
B) Judicial supremacy
C) Right to bail
D) People’s participation and social justice
  • 99. The purpose of preliminary investigation is to.
A) Collect evidence
B) Determine probable cause before trial
C) Convict the guilty
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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