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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) All of the above
B) Acquaintance with court room conduct and trial procedures
C) Train criminologist how to testify effectively and properly
D) Familiarization with court personnel and legal forms
  • 2. The usual role of police officers during judicial proceedings.
A) To serve as a witness
B) To protect the judge
C) To act as an expert 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) Roll call of cases
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 rise
B) All of the above
C) All must be silent
D) The court is in session
  • 5. Which among the following is not a court personnel?
A) Stenographer
B) Clerk of court
C) Interpreter
D) Policeman
  • 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 plaintiff your honor, ready"
B) "For the accused 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) Call to order
B) All of these
C) Roll call of cases
D) Calendar
  • 9. Trials and court sessions are usually.
A) Open to the public
B) Exclusive for the litigants
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) Witness oath
C) Call to order
D) Marking of exhibits
  • 11. Before giving his testimony the witness must.
A) Must pray for truthful answers
B) Undertake the witness oath
C) Must sign his affidavit
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) Call to order
B) Roll call of cases
C) Marking of exhibits
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 secure justice
D) To acquit the accused
  • 14. He is the lawyer for the plaintiff.
A) Private prosecutor
B) Counsel de officio
C) All of the above
D) Public prosecutor
  • 15. Another lawyer hired by the victim is designated as.
A) Public prosecutor
B) Counsel for the defense
C) Private 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 instructed to sit down
B) Is not allowed to answer the question directed by counsel
C) Is instructed to get out of the witness stand
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) Direct examination
C) Re-direct question
D) Cross examination
  • 18. After the evidence of the defense is presented, the next step for the order of trial is.
A) Rebuttal evidence
B) Sur-rebuttal evidence
C) Evidence for the prosecution
D) Cross examination
  • 19. It is usually used to test the credibility of the witness and leading questions may be allowed.
A) Cross examination
B) Re-direct 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) Direct examination
C) 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 at law
C) Counsel de officio
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) 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) 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) Amicus Curiae
C) Counsel de officio
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) Special retainer
B) Retaining fee
C) General 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) Forward to the Court of Appeals
B) Dismiss for lack of jurisdiction
C) Proceed with trial to avoid delay
D) Transfer to the Regional Trial Court
  • 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) Withdraw the case and refile with Sandiganbayan
D) Proceed without change
  • 28. A barangay captain faces a complaint for falsification of a public document. Which court has original jurisdiction?
A) Sandiganbayan
B) Court of Appeals
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) No, jurisdiction belongs to RTC
B) Yes, since it is not intentional
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) Double jeopardy
B) Res judicata
C) Forum shopping
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) MTC
C) Sandiganbayan
D) RTC designated as a drug court
  • 32. When a lower court renders judgment on a case outside its jurisdiction, that decision is.
A) Void
B) Subject to appeal
C) Valid until annulled
D) Voidable
  • 33. The Supreme Court orders the transfer of venue of a high-profile trial. This illustrates its.
A) Appellate jurisdiction
B) Administrative control
C) Original jurisdiction
D) Supervisory power
  • 34. An appeal from the MTC in a criminal case should be filed before.
A) Court of Appeals
B) Sandiganbayan
C) RTC
D) Supreme Court
  • 35. Which court has jurisdiction over violations of city ordinances?
A) MTC
B) Court of Appeals
C) Supreme Court
D) RTC
  • 36. When a juvenile offender is charged with robbery with homicide, where must the case be filed?
A) Family Court (RTC branch)
B) MTC
C) Sandiganbayan
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) Case is void for lack of jurisdiction
C) Dismiss automatically
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) Transfer to CA
B) Reinstate case
C) File anew under new law
D) Continue trial
  • 39. A case for estafa involves ₱1.9 million. Which court has jurisdiction?
A) MTC
B) CA
C) RTC
D) Sandiganbayan
  • 40. The Supreme Court reviews death penalty cases under.
A) Appellate jurisdiction
B) Original jurisdiction
C) Supervisory power
D) Automatic review
  • 41. The jurisdiction of courts is determined by.
A) Law at the time of filing
B) Supreme Court circulars
C) Nature of the offense
D) Both Law at the time of filing and Nature of the offense
  • 42. Which case is beyond the jurisdiction of any Philippine court?
A) Crime on foreign ship in PH waters
B) Foreign diplomat’s criminal act
C) Crime on Philippine vessel abroad
D) Crime committed by OFW 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) Treat the case as a private complaint
B) Proceed with arraignment
C) Order the police to file before the prosecutor’s office
D) Dismiss the case for lack of jurisdiction
  • 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 filing of the complaint
D) Upon issuance of subpoena
  • 45. A complaint for theft was filed without the signature of the offended party. The prosecutor approved it. What is the legal effect?
A) Consider as administrative case
B) Valid filing since the fiscal approved
C) Proceed since theft is public offense
D) Void complaint for lack of proper party
  • 46. The essence of criminal procedure is.
A) To convict the guilty
B) To protect state power
C) To secure justice and due process
D) To favor the accused
  • 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 counsel
D) Right to bail
  • 48. Which of the following is not a purpose of criminal procedure?
A) To provide a fair trial
B) To ensure justice is done
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) 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) 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 after plea is void
B) Amendment always requires consent
C) Change of nature is immaterial
D) Amendment before plea is allowed
  • 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) Proceed against both B.
C) Suspend proceedings
D) Dismiss as to the deceased accused
  • 53. The doctrine of “judicial notice” allows a court to.
A) Require expert testimony
B) Apply foreign laws
C) Admit evidence automatically
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) Filed at any time
B) Converted to demurrer to evidence
C) Must be resolved immediately
D) Waived right
  • 55. If the information is filed by someone other than the prosecutor, the court should.
A) Dismiss for lack of authority
B) Require re-filing
C) Correct the caption
D) Accept and proceed
  • 56. What is the best description of “due process” in criminal procedure?
A) Conviction after trial
B) Opportunity to be heard
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) Refer to barangay for conciliation
B) Proceed to trial
C) Dismiss since it’s a private offense
D) Acquit automatically
  • 58. A criminal procedure rule that allows an accused to admit guilt for a lesser offense is known as.
A) Mitigating admission
B) Conditional pardon
C) Compromise
D) Plea bargaining
  • 59. The accused is charged for murder but information states no qualifying circumstance. The court convicts for homicide. This shows.
A) Judicial discretion
B) Amendment after verdict
C) Application of variance doctrine
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 administrative case
B) Appeal to DOJ
C) File directly in RTC
D) File motion for reconsideration before same prosecutor
  • 61. A confession was signed by an accused without counsel. What is the effect?
A) Valid if signed before police
B) Admissible if notarized
C) Inadmissible as violation of rights
D) Valid because voluntarily signed
  • 62. The accused wants to defend himself personally instead of through a lawyer. The court should.
A) Require standby counsel
B) Allow it if he knowingly waives counsel
C) Deny it outright
D) Proceed with appointed counsel
  • 63. When the court prevents an accused from presenting evidence for the defense, this violates.
A) Right to remain silent
B) Right against self-incrimination
C) Right to due process
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 speedy trial
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) Waiver of jury
B) Mode of trial
C) Judicial discretion
D) Not applicable
  • 66. A trial proceeds despite absence of counsel for the accused. The conviction will be.
A) Void for violation of constitutional rights
B) Suspended pending appeal
C) Valid if accused agreed
D) Valid if evidence strong
  • 67. The right to be informed of the nature and cause of accusation ensures that the accused.
A) Can appeal easily
B) Can prepare an intelligent defense
C) Can avoid arrest
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) Witness refuses to appear
B) Accused waives counsel
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) Due process
B) Speedy trial
C) Double jeopardy
D) Equal protection
  • 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) Admit for completeness
B) Allow if favorable to accused
C) Order amendment
D) Reject for being beyond the charge
  • 73. If a lawyer refuses to present evidence in protest of alleged bias, what must the judge do?
A) Continue trial
B) Suspend to protect accused’s right to counsel
C) Dismiss the case
D) Warn counsel and appoint amicus
  • 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) Bail bond expires
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) Due process
B) Speedy disposition of cases
C) Right to bail
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 if with barangay clearance
B) Valid if suspect admits guilt
C) Valid hot pursuit
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) Citizen’s arrest
B) Warrantless arrest in flagrante delicto
C) Hot pursuit doctrine
D) Administrative arrest
  • 79. A warrantless arrest made by a private citizen of a fleeing robber is valid when.
A) It occurs at night
B) Crime was committed in his presence
C) The robber is described by police
D) He has personal suspicion
  • 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) Accused waives objection
B) None of the above
C) Evidence is crucial
D) Accused is guilty
  • 82. The exclusionary rule states that.
A) Only confessions need to be excluded
B) All confessions are admissible
C) Illegally obtained evidence must 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) In flagrante delicto
C) Hot pursuit with personal knowledge
D) Search incidental to arrest
  • 84. A search warrant that fails to particularly describe the items to be seized is.
A) Valid if witness testified
B) Valid if items are criminal in nature
C) Void for generality
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) Right to counsel
C) Right against unreasonable searches
D) None
  • 86. A warrantless arrest based solely on anonymous text messages is.
A) Allowed under “Stop and Frisk”
B) Valid for probable cause
C) Valid if confirmed later
D) Invalid for lack of personal knowledge
  • 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) Curable by execution
B) Valid if executed
C) Void and inadmissible
D) Irregular but valid
  • 89. A search warrant must be issued upon.
A) Anonymous report
B) Probable cause personally determined by the judge
C) Mere suspicion
D) Police recommendation
  • 90. A police officer searched a cellphone without a warrant. The search is valid only if.
A) Owner was arrested
B) Phone is expensive
C) Consent was freely given
D) Officer suspects drug use
  • 91. A suspect arrested under hot pursuit was tortured for confession. What rule applies?
A) Hot pursuit doctrine
B) Exclusionary rule on coerced confessions
C) Stop and frisk rule
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) Saturday noon
C) Monday morning
D) After affidavit is signed
  • 93. When is a preliminary investigation mandatory?
A) For all criminal cases
B) Only for capital offenses
C) When offense is punishable by at least 4 years and 2 months imprisonment
D) Optional at prosecutor’s discretion
  • 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 counter-affidavit
C) Waive by silence
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) Dismissed for lack of cause of action
B) Referred to prosecutor
C) Suspended until conciliation
D) Proceeded with immediately
  • 96. Which case is not covered by the Barangay Justice System?
A) Oral defamation
B) Slight physical injuries
C) Grave coercion between same barangay residents
D) Murder
  • 97. The barangay settlement has the same effect as.
A) Police blotter
B) Recommendation
C) Plea bargain
D) Judgment of the court
  • 98. The barangay conciliation system promotes which constitutional policy?
A) Centralized justice
B) People’s participation and social justice
C) Right to bail
D) Judicial supremacy
  • 99. The purpose of preliminary investigation is to.
A) Collect evidence
B) Serve as trial substitute
C) Determine probable cause before trial
D) Convict the guilty
  • 100. When an inquest prosecutor finds illegal arrest, he must.
A) Order immediate release
B) Require affidavit
C) File case anyway
D) Refer to court
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