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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) Familiarization with court personnel and legal forms
B) Train criminologist how to testify effectively and properly
C) All of the above
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 serve as a witness
C) To protect the judge
D) To act as an expert witness
  • 3. This occurs when the judge enters the court room and the clerk or bailiff announces his presence.
A) Call to order
B) Order of trial
C) Arraignment
D) Roll call of cases
  • 4. When the call to order has been undertaken, it is an indication that.
A) All must be silent
B) All must rise
C) The court is in session
D) All of the above
  • 5. Which among the following is not a court personnel?
A) Clerk of court
B) Interpreter
C) Policeman
D) Stenographer
  • 6. His primary duty is to keep peace during trials.
A) Policeman
B) Bailiff
C) Judge
D) Clerk of court
  • 7. The prosecutor in a criminal case would usually utter in roll call.
A) "For the people your honor, ready"
B) "For the plaintiff your honor, ready"
C) "For the accused 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) Roll call of cases
B) All of these
C) Call to order
D) Calendar
  • 9. Trials and court sessions are usually.
A) Exclusive to the litigants and their relatives
B) Open to the public
C) Exclusive for the litigants
D) Open to the members of the bar
  • 10. When evidence are presented to the court, this constitutes.
A) Witness oath
B) Roll call of cases
C) Call to order
D) Marking of exhibits
  • 11. Before giving his testimony the witness must.
A) Must pledge to tell the truth
B) Must sign his affidavit
C) Undertake the witness oath
D) Must pray for truthful answers
  • 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) Marking of exhibits
C) Witness oath
D) Roll call of cases
  • 13. Primary duty of the prosecutor.
A) To see to it that due process is observed
B) To prove the guilt of the accused beyond reasonable doubt
C) To acquit the accused
D) To secure justice
  • 14. He is the lawyer for the plaintiff.
A) Public prosecutor
B) All of the above
C) Counsel de officio
D) Private prosecutor
  • 15. Another lawyer hired by the victim is designated as.
A) Counsel for the defense
B) Public prosecutor
C) Counsel de officio
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 get out of the witness stand
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) Direct examination
B) Cross 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) Rebuttal evidence
C) Sur-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) Re-cross examination
B) Cross examination
C) Direct examination
D) Re-direct examination
  • 20. It is used to establish facts wherein leading questions are not allowed.
A) Re-cross examination
B) Re-direct examination
C) Cross 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) Attorney ad Hoc
B) Counsel de officio
C) Attorney of record
D) Attorney at law
  • 22. An attorney whose name must appear in the permanent record or file of the case.
A) Counsel de officio
B) Attorney at law
C) Attorney of record
D) Attorney ad Hoc
  • 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 ad Hoc
B) Lead Counsel
C) House counsel
D) Attorney in fact
  • 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) Attorney in fact
C) Amicus Curiae
D) House counsel
  • 25. A preliminary fee given to an attorney or counsel to insure and secure services and induce him to act for the client.
A) Retaining fee
B) Acceptance 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) Dismiss for lack of jurisdiction
B) Forward to the Court of Appeals
C) Transfer to the Regional Trial Court
D) Proceed with trial to avoid delay
  • 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) Proceed without change
D) Withdraw the case and refile with Sandiganbayan
  • 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) Regional 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) 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) Doctrine of hierarchy of courts
C) Res judicata
D) Forum shopping
  • 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) RTC designated as a drug court
D) MTC
  • 32. When a lower court renders judgment on a case outside its jurisdiction, that decision is.
A) Valid until annulled
B) Subject to appeal
C) Void
D) Voidable
  • 33. The Supreme Court orders the transfer of venue of a high-profile trial. This illustrates its.
A) Supervisory power
B) Administrative control
C) Appellate jurisdiction
D) Original jurisdiction
  • 34. An appeal from the MTC in a criminal case should be filed before.
A) Sandiganbayan
B) Court of Appeals
C) Supreme Court
D) RTC
  • 35. Which court has jurisdiction over violations of city ordinances?
A) MTC
B) Supreme Court
C) Court of Appeals
D) RTC
  • 36. When a juvenile offender is charged with robbery with homicide, where must the case be filed?
A) Sandiganbayan
B) Juvenile Justice Board
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) Case is void for lack of jurisdiction
B) Proceed normally
C) Dismiss automatically
D) RTC refers to Sandiganbayan
  • 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) RTC
B) CA
C) MTC
D) Sandiganbayan
  • 40. The Supreme Court reviews death penalty cases under.
A) Supervisory power
B) Appellate jurisdiction
C) Original jurisdiction
D) Automatic review
  • 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) Nature of the offense
D) Supreme Court circulars
  • 42. Which case is beyond the jurisdiction of any Philippine court?
A) Crime on foreign ship in PH waters
B) Crime on Philippine vessel abroad
C) Crime committed by OFW 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) Treat the case as a private complaint
B) Order the police to file before the prosecutor’s office
C) Dismiss the case for lack of jurisdiction
D) Proceed with arraignment
  • 44. In criminal procedure, when does a case officially begin against an accused?
A) Upon filing of the complaint
B) Upon issuance of subpoena
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) Valid filing since the fiscal approved
B) Consider as administrative case
C) Void complaint for lack of proper party
D) Proceed since theft is public offense
  • 46. The essence of criminal procedure is.
A) To favor the accused
B) To protect state power
C) To secure justice and due process
D) To convict the guilty
  • 47. When the prosecutor files an information without preliminary investigation in a required case, what right is violated?
A) Right to counsel
B) Right to bail
C) Right to due process
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 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) They can cure past errors
B) They affect substantive rights
C) Laws apply only to future cases
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) Record refusal as waiver
B) Proceed since counsel can explain later
C) Dismiss the case
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 before plea is allowed
B) Change of nature is immaterial
C) Amendment after plea is void
D) Amendment always requires consent
  • 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) Proceed against both B.
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) Admit evidence automatically
C) Require expert testimony
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) Accept and proceed
B) Require re-filing
C) Correct the caption
D) Dismiss for lack of authority
  • 56. What is the best description of “due process” in criminal procedure?
A) Access to counsel
B) Opportunity to be heard
C) Conviction after trial
D) Speedy resolution
  • 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) Refer to barangay for conciliation
D) Acquit automatically
  • 58. A criminal procedure rule that allows an accused to admit guilt for a lesser offense is known as.
A) Conditional pardon
B) Compromise
C) Mitigating admission
D) Plea bargaining
  • 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) Judicial discretion
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) 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) Inadmissible as violation of rights
B) Valid because voluntarily signed
C) Valid if signed before police
D) Admissible if notarized
  • 62. The accused wants to defend himself personally instead of through a lawyer. The court should.
A) Require standby counsel
B) Proceed with appointed 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 against self-incrimination
B) Right to remain silent
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 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) Mode of trial
C) Not applicable
D) Judicial discretion
  • 66. A trial proceeds despite absence of counsel for the accused. The conviction will be.
A) Valid if accused agreed
B) Valid if evidence strong
C) Void for violation of constitutional rights
D) Suspended pending appeal
  • 67. The right to be informed of the nature and cause of accusation ensures that the accused.
A) Can prepare an intelligent defense
B) Is acquitted automatically
C) Can avoid arrest
D) Can appeal easily
  • 68. If a public trial endangers witnesses, the court may.
A) Seal all records permanently
B) Conduct in-camera trial with justification
C) Suspend proceedings
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) Double jeopardy
B) Speedy trial
C) Equal protection
D) Due process
  • 71. The right to compulsory process allows the accused to.
A) Summon witnesses and evidence
B) Demand dismissal
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) Order amendment
B) Admit for completeness
C) Allow if favorable to accused
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) 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) No effect if evidence strong
B) Mistrial and violation of right to effective counsel
C) Contempt of court only
D) Waiver of cross-examination
  • 75. The right to bail ceases when.
A) Evidence of guilt is strong in a capital offense
B) Bail bond expires
C) Trial is delayed
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) 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) 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) Hot pursuit doctrine
B) Warrantless arrest in flagrante delicto
C) Citizen’s arrest
D) Administrative 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) The robber is described by police
C) He has personal suspicion
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 if consented to
D) Valid under urgency
  • 81. Seized evidence during an unlawful search is admissible only if.
A) Evidence is crucial
B) Accused waives objection
C) Accused is guilty
D) None of the above
  • 82. The exclusionary rule states that.
A) Only confessions need to be excluded
B) All evidence is admissible
C) Illegally obtained evidence must be excluded
D) All confessions are 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) Hot pursuit with personal knowledge
C) Administrative warrant
D) In flagrante delicto
  • 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 to privacy only
B) Right against unreasonable searches
C) Right to counsel
D) None
  • 86. A warrantless arrest based solely on anonymous text messages is.
A) Invalid for lack of personal knowledge
B) Valid for probable cause
C) Allowed under “Stop and Frisk”
D) Valid if confirmed later
  • 87. A police officer lawfully arrested a drug suspect and searched his pockets. The search is.
A) Requires written consent
B) Needs warrant
C) Unreasonable
D) Valid as incidental to arrest
  • 88. A warrant issued by an unauthorized judge is.
A) Irregular but valid
B) Curable by execution
C) Valid if executed
D) Void and inadmissible
  • 89. A search warrant must be issued upon.
A) Anonymous report
B) Police recommendation
C) Mere suspicion
D) Probable cause personally determined by the judge
  • 90. A police officer searched a cellphone without a warrant. The search is valid only if.
A) Owner was arrested
B) Consent was freely given
C) Officer suspects drug use
D) Phone is expensive
  • 91. A suspect arrested under hot pursuit was tortured for confession. What rule applies?
A) Exclusionary rule on coerced confessions
B) Hot pursuit doctrine
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) Saturday noon
B) Sunday 10 p.m.
C) Monday morning
D) After affidavit is signed
  • 93. When is a preliminary investigation mandatory?
A) Only for capital offenses
B) When offense is punishable by at least 4 years and 2 months imprisonment
C) For all criminal cases
D) Optional at prosecutor’s discretion
  • 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) 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) Dismissed for lack of cause of action
B) Proceeded with immediately
C) Referred to prosecutor
D) Suspended until conciliation
  • 96. Which case is not covered by the Barangay Justice System?
A) Murder
B) Oral defamation
C) Slight physical injuries
D) Grave coercion between same barangay residents
  • 97. The barangay settlement has the same effect as.
A) Police blotter
B) Judgment of the court
C) Recommendation
D) Plea bargain
  • 98. The barangay conciliation system promotes which constitutional policy?
A) Judicial supremacy
B) People’s participation and social justice
C) Right to bail
D) Centralized justice
  • 99. The purpose of preliminary investigation is to.
A) Convict the guilty
B) Determine probable cause before trial
C) Collect evidence
D) Serve as trial substitute
  • 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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