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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 act as an expert witness
B) To serve as a witness
C) To protect the accused
D) To protect the judge
  • 3. This occurs when the judge enters the court room and the clerk or bailiff announces his presence.
A) Roll call of cases
B) Arraignment
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 be silent
B) The court is in session
C) All of the above
D) All must rise
  • 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 accused your honor, ready"
B) "For the people your honor, ready"
C) "For the state your honor, ready"
D) "For the plaintiff 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) Calendar
D) Call to order
  • 9. Trials and court sessions are usually.
A) Open to the members of the bar
B) Open to the public
C) Exclusive for the litigants
D) Exclusive to the litigants and their relatives
  • 10. When evidence are presented to the court, this constitutes.
A) Marking of exhibits
B) Roll call of cases
C) Witness oath
D) Call to order
  • 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 secure justice
B) To acquit the accused
C) To prove the guilt of the accused beyond reasonable doubt
D) To see to it that due process is observed
  • 14. He is the lawyer for the plaintiff.
A) Private prosecutor
B) Public prosecutor
C) All of the above
D) Counsel de officio
  • 15. Another lawyer hired by the victim is designated as.
A) Counsel for the defense
B) Counsel de officio
C) Public prosecutor
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 sit down
C) Is instructed to get out of the witness stand
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) Re-direct question
B) Direct examination
C) Cross examination
D) Re-cross examination
  • 18. After the evidence of the defense is presented, the next step for the order of trial is.
A) Cross examination
B) Evidence for the prosecution
C) Sur-rebuttal evidence
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) Direct examination
D) Re-cross 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 at law
C) Attorney of record
D) Counsel de officio
  • 22. An attorney whose name must appear in the permanent record or file of the case.
A) Attorney at law
B) Attorney ad Hoc
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) Attorney in fact
B) Lead Counsel
C) Attorney ad Hoc
D) House 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) Counsel de officio
B) House counsel
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) Special retainer
B) General retainer
C) Retaining fee
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) Dismiss for lack of jurisdiction
B) Proceed with trial to avoid delay
C) Forward to the Court of Appeals
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) Proceed without change
B) Withdraw the case and refile with Sandiganbayan
C) File a motion to inhibit
D) Continue trial since jurisdiction is shared
  • 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. 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) Yes, since it is not intentional
C) No, jurisdiction belongs to RTC
D) No, it should go to Sandiganbayan
  • 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) RTC designated as a drug court
B) Sandiganbayan
C) Court of Appeals
D) MTC
  • 32. When a lower court renders judgment on a case outside its jurisdiction, that decision is.
A) Subject to appeal
B) Voidable
C) Void
D) Valid until annulled
  • 33. The Supreme Court orders the transfer of venue of a high-profile trial. This illustrates its.
A) Original jurisdiction
B) Administrative control
C) Supervisory power
D) Appellate jurisdiction
  • 34. An appeal from the MTC in a criminal case should be filed before.
A) RTC
B) Supreme Court
C) Sandiganbayan
D) Court of Appeals
  • 35. Which court has jurisdiction over violations of city ordinances?
A) RTC
B) MTC
C) Court of Appeals
D) Supreme Court
  • 36. When a juvenile offender is charged with robbery with homicide, where must the case be filed?
A) Sandiganbayan
B) MTC
C) Family Court (RTC branch)
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) Continue trial
B) Reinstate case
C) File anew under new law
D) Transfer to CA
  • 39. A case for estafa involves ₱1.9 million. Which court has jurisdiction?
A) RTC
B) MTC
C) Sandiganbayan
D) CA
  • 40. The Supreme Court reviews death penalty cases under.
A) Appellate jurisdiction
B) Supervisory power
C) Automatic review
D) Original jurisdiction
  • 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) Crime committed by OFW abroad
C) Foreign diplomat’s criminal act
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) Treat the case as a private complaint
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 issuance of subpoena
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) 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 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 to due process
B) Right to counsel
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 provide a fair trial
C) To ensure justice is done
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 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) 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) Change of nature is immaterial
C) Amendment before plea is allowed
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) Suspend proceedings
B) Dismiss as to the deceased accused
C) Continue case and note death after trial
D) Proceed against both B.
  • 53. The doctrine of “judicial notice” allows a court to.
A) Require expert testimony
B) Take knowledge of facts without proof
C) Apply foreign laws
D) Admit evidence automatically
  • 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) Filed at any time
D) Must be resolved immediately
  • 55. If the information is filed by someone other than the prosecutor, the court should.
A) Accept and proceed
B) Correct the caption
C) Dismiss for lack of authority
D) Require re-filing
  • 56. What is the best description of “due process” in criminal procedure?
A) Speedy resolution
B) Opportunity to be heard
C) Access to counsel
D) Conviction after trial
  • 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) Mitigating admission
C) Plea bargaining
D) Compromise
  • 59. The accused is charged for murder but information states no qualifying circumstance. The court convicts for homicide. This shows.
A) Application of variance doctrine
B) Judicial discretion
C) Violation of due process
D) Amendment after verdict
  • 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) File directly in RTC
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) Valid if signed before police
B) Valid because voluntarily signed
C) Inadmissible as violation of rights
D) Admissible if notarized
  • 62. The accused wants to defend himself personally instead of through a lawyer. The court should.
A) Proceed with appointed counsel
B) Allow it if he knowingly waives 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 against self-incrimination
C) Right to remain silent
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) Habeas corpus rule
C) Right to due process
D) Right to equal protection
  • 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) Valid if accused agreed
C) Suspended pending appeal
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) Is acquitted automatically
B) Can appeal easily
C) Can avoid arrest
D) Can prepare an intelligent defense
  • 68. If a public trial endangers witnesses, the court may.
A) Seal all records permanently
B) Suspend proceedings
C) Conduct in-camera trial with justification
D) Proceed publicly as mandated
  • 69. The accused’s right to confront witnesses may be curtailed if.
A) Court denies cross-examination
B) Witness is dead and deposition exists
C) Witness refuses to appear
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) Speedy trial
B) Double jeopardy
C) Due process
D) Equal protection
  • 71. The right to compulsory process allows the accused to.
A) Demand dismissal
B) Delay trial
C) Summon witnesses and evidence
D) Choose his judge
  • 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) Admit for completeness
C) Order amendment
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) Dismiss the case
B) Continue trial
C) Suspend to protect accused’s right to counsel
D) Warn counsel and appoint amicus
  • 74. The defense lawyer was asleep during crucial testimony. This results in.
A) No effect if evidence strong
B) Waiver of cross-examination
C) Contempt of court only
D) Mistrial and violation of right to effective counsel
  • 75. The right to bail ceases when.
A) Trial is delayed
B) Bail bond expires
C) Case is appealed
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) Right to bail
B) Due process
C) Speedy trial
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) Administrative arrest
C) Hot pursuit doctrine
D) Warrantless arrest in flagrante delicto
  • 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) It occurs at night
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) Evidence is crucial
B) Accused is guilty
C) None of the above
D) Accused waives objection
  • 82. The exclusionary rule states that.
A) All confessions are admissible
B) Illegally obtained evidence must be excluded
C) All evidence is admissible
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) In flagrante delicto
C) Administrative warrant
D) Hot pursuit with personal knowledge
  • 84. A search warrant that fails to particularly describe the items to be seized is.
A) Void for generality
B) Valid if witness testified
C) Valid if supported by probable cause
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 counsel
B) None
C) Right to privacy only
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 for probable cause
C) Valid if confirmed later
D) Allowed under “Stop and Frisk”
  • 87. A police officer lawfully arrested a drug suspect and searched his pockets. The search is.
A) Needs warrant
B) Requires written consent
C) Valid as incidental to arrest
D) Unreasonable
  • 88. A warrant issued by an unauthorized judge is.
A) Void and inadmissible
B) Irregular but valid
C) Curable by execution
D) Valid if executed
  • 89. A search warrant must be issued upon.
A) Probable cause personally determined by the judge
B) Police recommendation
C) Anonymous report
D) Mere suspicion
  • 90. A police officer searched a cellphone without a warrant. The search is valid only if.
A) Owner was arrested
B) Officer suspects drug use
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) Hot pursuit doctrine
C) Res gestae
D) Exclusionary rule on coerced confessions
  • 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) After affidavit is signed
B) Sunday 10 p.m.
C) Saturday noon
D) Monday morning
  • 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 motion to dismiss before arraignment
C) Proceed and raise on appeal
D) File counter-affidavit
  • 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) 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) Plea bargain
C) Judgment of the court
D) Police blotter
  • 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) Determine probable cause before trial
B) Convict the guilty
C) Serve as trial substitute
D) Collect evidence
  • 100. When an inquest prosecutor finds illegal arrest, he must.
A) Refer to court
B) Require affidavit
C) Order immediate release
D) File case anyway
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