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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 protect the judge
C) To protect the accused
D) To serve as a witness
  • 3. This occurs when the judge enters the court room and the clerk or bailiff announces his presence.
A) Order of trial
B) Call to order
C) Roll call of cases
D) Arraignment
  • 4. When the call to order has been undertaken, it is an indication that.
A) All of the above
B) All must be silent
C) The court is in session
D) All must rise
  • 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) Judge
D) Bailiff
  • 7. The prosecutor in a criminal case would usually utter in roll call.
A) "For the people your honor, ready"
B) "For the accused 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) Calendar
B) Roll call of cases
C) Call to order
D) All of these
  • 9. Trials and court sessions are usually.
A) Exclusive to the litigants and their relatives
B) Open to the members of the bar
C) Open to the public
D) Exclusive for the litigants
  • 10. When evidence are presented to the court, this constitutes.
A) Call to order
B) Witness oath
C) Roll call of cases
D) Marking of exhibits
  • 11. Before giving his testimony the witness must.
A) Must pledge to tell the truth
B) Undertake the witness oath
C) Must pray for truthful answers
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) Call to order
C) Roll call of cases
D) Witness oath
  • 13. Primary duty of the prosecutor.
A) To see to it that due process is observed
B) To secure justice
C) To acquit the accused
D) To prove the guilt of the accused beyond reasonable doubt
  • 14. He is the lawyer for the plaintiff.
A) Counsel de officio
B) Public prosecutor
C) All of the above
D) Private prosecutor
  • 15. Another lawyer hired by the victim is designated as.
A) Public prosecutor
B) Counsel de officio
C) Private 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 allowed to continue and answer
B) Is instructed to get out of the witness stand
C) Is not allowed to answer the question directed by counsel
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-direct question
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-cross examination
B) Direct examination
C) Re-direct examination
D) Cross examination
  • 20. It is used to establish facts wherein leading questions are not allowed.
A) Direct examination
B) Re-direct examination
C) Re-cross examination
D) Cross 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. 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) Counsel de officio
B) House counsel
C) Attorney in fact
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) General retainer
C) Special retainer
D) Retaining 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) Continue trial since jurisdiction is shared
B) Withdraw the case and refile with Sandiganbayan
C) Proceed without change
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) Municipal Trial Court
C) Sandiganbayan
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, jurisdiction belongs to RTC
C) No, it should go to Sandiganbayan
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) Double jeopardy
B) Forum shopping
C) Doctrine of hierarchy of courts
D) Res judicata
  • 31. A drug-related case involving 10 grams of shabu is filed. Which court should try the case?
A) Court of Appeals
B) Sandiganbayan
C) MTC
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) Subject to appeal
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) Appellate jurisdiction
C) Supervisory power
D) Administrative control
  • 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) Supreme Court
C) RTC
D) Court of Appeals
  • 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) 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) File anew under new law
C) Continue trial
D) Reinstate case
  • 39. A case for estafa involves ₱1.9 million. Which court has jurisdiction?
A) RTC
B) CA
C) MTC
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) Supreme Court circulars
B) Law at the time of filing
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 committed by OFW abroad
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) Order the police to file before the prosecutor’s office
B) Dismiss the case for lack of jurisdiction
C) Treat the case as a private complaint
D) Proceed with arraignment
  • 44. In criminal procedure, when does a case officially begin against an accused?
A) Upon arrest
B) Upon filing of the complaint
C) Upon filing of the information in court
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) Valid filing since the fiscal approved
B) Void complaint for lack of proper party
C) Consider as administrative case
D) Proceed since theft is public offense
  • 46. The essence of criminal procedure is.
A) To favor the accused
B) To secure justice and due process
C) To convict the guilty
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 ensure justice is done
B) To protect the rights of the accused
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) 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. During arraignment, the accused insists he doesn’t understand English. What should the judge do?
A) Proceed since counsel can explain later
B) Appoint an interpreter and repeat the arraignment
C) Record refusal as waiver
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 after plea is void
B) Change of nature is immaterial
C) Amendment always requires consent
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) 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) Require expert testimony
B) Take knowledge of facts without proof
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) Filed at any time
B) Waived right
C) Converted to demurrer to evidence
D) Must be resolved immediately
  • 55. If the information is filed by someone other than the prosecutor, the court should.
A) Require re-filing
B) Dismiss for lack of authority
C) Correct the caption
D) Accept and proceed
  • 56. What is the best description of “due process” in criminal procedure?
A) Access to counsel
B) Speedy resolution
C) Opportunity to be heard
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) Proceed to trial
B) Dismiss since it’s a private offense
C) Acquit automatically
D) Refer to barangay for conciliation
  • 58. A criminal procedure rule that allows an accused to admit guilt for a lesser offense is known as.
A) Plea bargaining
B) Conditional pardon
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) Judicial discretion
B) Amendment after verdict
C) Violation of due process
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 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) 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) 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 to remain silent
C) Right to speedy trial
D) Right against self-incrimination
  • 64. An accused was detained for 10 years without trial. This constitutes a violation of.
A) Right to equal protection
B) Right to due process
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) Judicial discretion
C) Mode of trial
D) Waiver of jury
  • 66. A trial proceeds despite absence of counsel for the accused. The conviction will be.
A) Valid if accused agreed
B) Void for violation of constitutional rights
C) Valid if evidence strong
D) Suspended pending appeal
  • 67. The right to be informed of the nature and cause of accusation ensures that the accused.
A) Can avoid arrest
B) Can appeal easily
C) Is acquitted automatically
D) Can prepare an intelligent defense
  • 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) 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) Delay trial
C) Demand dismissal
D) Choose his judge
  • 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) Admit for completeness
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) 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) Waiver of cross-examination
B) Mistrial and violation of right to effective counsel
C) Contempt of court only
D) No effect if evidence strong
  • 75. The right to bail ceases when.
A) Evidence of guilt is strong in a capital offense
B) Trial is delayed
C) Case is appealed
D) Bail bond expires
  • 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) Invalid for lack of immediate pursuit
B) Valid if with barangay clearance
C) Valid if suspect admits guilt
D) Valid hot pursuit
  • 78. Police saw a man holding a gun in a dark alley and arrested him. The arrest is valid under.
A) Hot pursuit doctrine
B) Warrantless arrest in flagrante delicto
C) Administrative arrest
D) Citizen’s 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) It occurs at night
C) Crime was committed in his presence
D) He has personal suspicion
  • 80. Search of a house based only on verbal order of police chief is.
A) Invalid and violates constitutional rights
B) Valid under urgency
C) Valid if consented to
D) Allowed during curfew
  • 81. Seized evidence during an unlawful search is admissible only if.
A) Accused waives objection
B) Accused is guilty
C) None of the above
D) Evidence is crucial
  • 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) Search incidental to arrest
B) In flagrante delicto
C) Hot pursuit with personal knowledge
D) Administrative warrant
  • 84. A search warrant that fails to particularly describe the items to be seized is.
A) Valid if witness testified
B) Void for generality
C) Valid if items are criminal in nature
D) Valid if supported by probable cause
  • 85. The right violated when a home is entered without a warrant or consent is.
A) Right against unreasonable searches
B) Right to privacy only
C) None
D) Right to counsel
  • 86. A warrantless arrest based solely on anonymous text messages is.
A) Invalid for lack of personal knowledge
B) Valid if confirmed later
C) Allowed under “Stop and Frisk”
D) Valid for probable cause
  • 87. A police officer lawfully arrested a drug suspect and searched his pockets. The search is.
A) Needs warrant
B) Requires written consent
C) Unreasonable
D) Valid as incidental to arrest
  • 88. A warrant issued by an unauthorized judge is.
A) Valid if executed
B) Curable by execution
C) Irregular but valid
D) Void and inadmissible
  • 89. A search warrant must be issued upon.
A) Police recommendation
B) Anonymous report
C) Probable cause personally determined by the judge
D) Mere suspicion
  • 90. A police officer searched a cellphone without a warrant. The search is valid only if.
A) Consent was freely given
B) Phone is expensive
C) Owner was arrested
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) Res gestae
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) Sunday 10 p.m.
B) After affidavit is signed
C) Monday morning
D) Saturday noon
  • 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) Waive by silence
B) File counter-affidavit
C) File motion to dismiss before arraignment
D) Proceed and raise on appeal
  • 95. If a complaint is filed directly in court without barangay conciliation when required, the case should be.
A) Referred to prosecutor
B) Suspended until conciliation
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) Murder
C) Oral defamation
D) Slight physical injuries
  • 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) Judicial supremacy
B) Right to bail
C) Centralized justice
D) People’s participation and social justice
  • 99. The purpose of preliminary investigation is to.
A) Collect evidence
B) Convict the guilty
C) Serve as trial substitute
D) Determine probable cause before trial
  • 100. When an inquest prosecutor finds illegal arrest, he must.
A) Require affidavit
B) Order immediate release
C) Refer to court
D) File case anyway
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