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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) Familiarization with court personnel and legal forms
C) Train criminologist how to testify effectively and properly
D) Acquaintance with court room conduct and trial procedures
  • 2. The usual role of police officers during judicial proceedings.
A) To protect the accused
B) To act as an expert witness
C) To serve as a witness
D) To protect the judge
  • 3. This occurs when the judge enters the court room and the clerk or bailiff announces his presence.
A) Call to order
B) Arraignment
C) Roll call of cases
D) Order of trial
  • 4. When the call to order has been undertaken, it is an indication that.
A) All of the above
B) All must rise
C) All must be silent
D) The court is in session
  • 5. Which among the following is not a court personnel?
A) Policeman
B) Interpreter
C) Clerk of court
D) Stenographer
  • 6. His primary duty is to keep peace during trials.
A) Judge
B) Bailiff
C) Clerk of court
D) Policeman
  • 7. The prosecutor in a criminal case would usually utter in roll call.
A) "For the plaintiff your honor, ready"
B) "For the people your honor, ready"
C) "For the state your honor, ready"
D) "For the accused your honor, ready"
  • 8. It is a list of cases usually placed or posted on the door of a trial court.
A) All of these
B) Roll call of cases
C) Call to order
D) Calendar
  • 9. Trials and court sessions are usually.
A) Open to the members of the bar
B) Open to the public
C) Exclusive to the litigants and their relatives
D) Exclusive for the litigants
  • 10. When evidence are presented to the court, this constitutes.
A) Roll call of cases
B) Call to order
C) Witness oath
D) Marking of exhibits
  • 11. Before giving his testimony the witness must.
A) Must pray for truthful answers
B) Must sign his affidavit
C) Must pledge to tell the truth
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) Roll call of cases
B) Marking of exhibits
C) Call to order
D) Witness oath
  • 13. Primary duty of the prosecutor.
A) To secure justice
B) To prove the guilt of the accused beyond reasonable doubt
C) To acquit the accused
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 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 allowed to continue and answer
C) Is instructed to sit down
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-cross examination
B) Re-direct question
C) Direct examination
D) Cross 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) Cross examination
B) Re-direct examination
C) Re-cross examination
D) Direct examination
  • 20. It is used to establish facts wherein leading questions are not allowed.
A) Direct examination
B) Re-cross 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 at law
B) Attorney ad Hoc
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) Counsel de officio
B) Attorney ad Hoc
C) Attorney of record
D) Attorney at law
  • 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) Attorney ad Hoc
D) Lead 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) Attorney in fact
B) House counsel
C) Amicus Curiae
D) Counsel de officio
  • 25. A preliminary fee given to an attorney or counsel to insure and secure services and induce him to act for the client.
A) General retainer
B) Special 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) Transfer to the Regional Trial Court
B) Proceed with trial to avoid delay
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) 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) Yes, since it is not intentional
B) No, it should go to Sandiganbayan
C) Yes, since it’s a quasi-offense
D) No, jurisdiction belongs to RTC
  • 30. The Ombudsman dismissed a case for lack of jurisdiction. Later, the complainant filed in regular court. What principle applies?
A) Double jeopardy
B) Doctrine of hierarchy of courts
C) Forum shopping
D) Res judicata
  • 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) MTC
C) Sandiganbayan
D) Court of Appeals
  • 32. When a lower court renders judgment on a case outside its jurisdiction, that decision is.
A) Voidable
B) Valid until annulled
C) Subject to appeal
D) Void
  • 33. The Supreme Court orders the transfer of venue of a high-profile trial. This illustrates its.
A) Appellate jurisdiction
B) Supervisory power
C) Original jurisdiction
D) Administrative control
  • 34. An appeal from the MTC in a criminal case should be filed before.
A) RTC
B) Court of Appeals
C) Sandiganbayan
D) Supreme Court
  • 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) Juvenile Justice Board
B) Sandiganbayan
C) Family Court (RTC branch)
D) MTC
  • 37. A case involving graft and corruption by a mayor is filed in the RTC. What happens?
A) Proceed normally
B) Case is void for lack of jurisdiction
C) RTC refers to Sandiganbayan
D) Dismiss automatically
  • 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) Transfer to CA
C) Continue trial
D) File anew under new law
  • 39. A case for estafa involves ₱1.9 million. Which court has jurisdiction?
A) Sandiganbayan
B) RTC
C) CA
D) MTC
  • 40. The Supreme Court reviews death penalty cases under.
A) Supervisory power
B) Appellate jurisdiction
C) Automatic review
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) Law at the time of filing
C) Supreme Court circulars
D) Nature of the offense
  • 42. Which case is beyond the jurisdiction of any Philippine court?
A) Foreign diplomat’s criminal act
B) Crime on foreign ship in PH waters
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) Dismiss the case for lack of jurisdiction
B) Order the police to file before the prosecutor’s office
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 issuance of subpoena
B) Upon filing of the complaint
C) Upon filing of the information in court
D) Upon arrest
  • 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) Void complaint for lack of proper party
D) Proceed since theft is public offense
  • 46. The essence of criminal procedure is.
A) To secure justice and due process
B) To convict the guilty
C) To protect state power
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 to bail
D) Right against self-incrimination
  • 48. Which of the following is not a purpose of criminal procedure?
A) To ensure justice is done
B) To provide a fair trial
C) To secure the conviction of the guilty
D) To protect the rights of the accused
  • 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 can be retroactive if favorable to accused
D) They affect substantive rights
  • 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) Dismiss the case
D) Record refusal as waiver
  • 51. The fiscal files an amended information changing the nature of the crime from theft to robbery. What principle applies?
A) Amendment before plea is allowed
B) Amendment after plea is void
C) Amendment always requires consent
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) Dismiss as to the deceased accused
B) Continue case and note death after trial
C) Proceed against both B.
D) Suspend proceedings
  • 53. The doctrine of “judicial notice” allows a court to.
A) Admit evidence automatically
B) Apply foreign laws
C) Take knowledge of facts without proof
D) Require expert testimony
  • 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) Waived right
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) Dismiss for lack of authority
C) Require re-filing
D) Correct the caption
  • 56. What is the best description of “due process” in criminal procedure?
A) Conviction after trial
B) Speedy resolution
C) Access to counsel
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) Proceed to trial
B) Refer to barangay for conciliation
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) Plea bargaining
B) Mitigating admission
C) Conditional pardon
D) Compromise
  • 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) Application of variance doctrine
C) Judicial discretion
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 motion for reconsideration before same prosecutor
B) File directly in RTC
C) Appeal to DOJ
D) File administrative case
  • 61. A confession was signed by an accused without counsel. What is the effect?
A) Admissible if notarized
B) Inadmissible as violation of rights
C) Valid if signed before police
D) Valid because voluntarily signed
  • 62. The accused wants to defend himself personally instead of through a lawyer. The court should.
A) Proceed with appointed counsel
B) Require standby counsel
C) Deny it outright
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) Habeas corpus rule
B) Right to equal protection
C) Right to due process
D) Right to speedy trial
  • 65. The accused insists on being tried by judge alone in a multiple-judge RTC. This right pertains to.
A) Waiver of jury
B) Not applicable
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) Void for violation of constitutional rights
C) Valid if accused agreed
D) Suspended pending appeal
  • 67. The right to be informed of the nature and cause of accusation ensures that the accused.
A) Is acquitted automatically
B) Can avoid arrest
C) Can prepare an intelligent defense
D) Can appeal easily
  • 68. If a public trial endangers witnesses, the court may.
A) Suspend proceedings
B) Seal all records permanently
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) Witness refuses to appear
B) Witness is dead and deposition exists
C) Accused waives counsel
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) Demand dismissal
B) Summon witnesses and evidence
C) Delay trial
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) Allow if favorable to accused
D) Order amendment
  • 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) Dismiss the case
C) Continue trial
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) 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) Bail bond expires
B) Case is appealed
C) Evidence of guilt is strong in a capital offense
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) Speedy disposition of cases
B) Speedy trial
C) Right to bail
D) Due process
  • 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 hot 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) Hot pursuit doctrine
B) Citizen’s arrest
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) He has personal suspicion
B) It occurs at night
C) Crime was committed in his presence
D) The robber is described by police
  • 80. Search of a house based only on verbal order of police chief is.
A) Invalid and violates constitutional rights
B) Allowed during curfew
C) Valid if consented to
D) Valid under urgency
  • 81. Seized evidence during an unlawful search is admissible only if.
A) Accused waives objection
B) Evidence is crucial
C) None of the above
D) Accused is guilty
  • 82. The exclusionary rule states that.
A) Only confessions need to be excluded
B) Illegally obtained evidence must be excluded
C) All confessions are admissible
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) Search incidental to arrest
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 items are criminal in nature
B) Valid if supported by probable cause
C) Void for generality
D) Valid if witness testified
  • 85. The right violated when a home is entered without a warrant or consent is.
A) None
B) Right to counsel
C) Right against unreasonable searches
D) Right to privacy only
  • 86. A warrantless arrest based solely on anonymous text messages is.
A) Valid for probable cause
B) Valid if confirmed later
C) Invalid for lack of personal knowledge
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) Unreasonable
C) Requires written consent
D) Valid as incidental to arrest
  • 88. A warrant issued by an unauthorized judge is.
A) Void and inadmissible
B) Curable by execution
C) Irregular but valid
D) Valid if executed
  • 89. A search warrant must be issued upon.
A) Police recommendation
B) Probable cause personally determined by the judge
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) 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) Res gestae
B) Stop and frisk rule
C) Hot pursuit doctrine
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) Monday morning
B) Sunday 10 p.m.
C) Saturday noon
D) After affidavit is signed
  • 93. When is a preliminary investigation mandatory?
A) Optional at prosecutor’s discretion
B) When offense is punishable by at least 4 years and 2 months imprisonment
C) For all criminal cases
D) Only for capital offenses
  • 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) Referred to prosecutor
B) Suspended until conciliation
C) Proceeded with immediately
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) Slight physical injuries
C) Oral defamation
D) Murder
  • 97. The barangay settlement has the same effect as.
A) Recommendation
B) Judgment of the court
C) Police blotter
D) Plea bargain
  • 98. The barangay conciliation system promotes which constitutional policy?
A) People’s participation and social justice
B) Judicial supremacy
C) Right to bail
D) Centralized justice
  • 99. The purpose of preliminary investigation is to.
A) Collect evidence
B) Serve as trial substitute
C) Convict the guilty
D) Determine probable cause before trial
  • 100. When an inquest prosecutor finds illegal arrest, he must.
A) File case anyway
B) Order immediate release
C) Refer to court
D) Require affidavit
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