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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 protect the judge
B) To protect the accused
C) To serve as a witness
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 of the above
B) The court is in session
C) All must be silent
D) All must rise
  • 5. Which among the following is not a court personnel?
A) Policeman
B) Clerk of court
C) Stenographer
D) Interpreter
  • 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 state your honor, ready"
C) "For the plaintiff 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) Call to order
B) Roll call of cases
C) All of these
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) Witness oath
B) Call to order
C) Marking of exhibits
D) Roll call of cases
  • 11. Before giving his testimony the witness must.
A) Must pray for truthful answers
B) Undertake the witness oath
C) Must pledge to tell the truth
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 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) Public prosecutor
B) All of the above
C) Private prosecutor
D) Counsel de officio
  • 15. Another lawyer hired by the victim is designated as.
A) Counsel for the defense
B) Counsel de officio
C) Private prosecutor
D) Public 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 instructed to get out of the witness stand
B) Is instructed to sit down
C) Is allowed to continue and answer
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) Cross examination
C) Direct examination
D) Re-cross examination
  • 18. After the evidence of the defense is presented, the next step for the order of trial is.
A) Evidence for the prosecution
B) Cross examination
C) Rebuttal evidence
D) Sur-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) Direct examination
B) Re-direct examination
C) Cross examination
D) Re-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 of record
B) Attorney at law
C) Attorney ad Hoc
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) House counsel
B) Attorney ad Hoc
C) Lead 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) House counsel
B) Amicus Curiae
C) Attorney in fact
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) Retaining fee
C) Special 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) Proceed with trial to avoid delay
B) Forward to the Court of Appeals
C) Transfer to the Regional Trial Court
D) Dismiss for lack of jurisdiction
  • 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) Proceed without change
C) Continue trial since jurisdiction is shared
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) Municipal Trial Court
B) Sandiganbayan
C) Court of Appeals
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) Res judicata
B) Forum shopping
C) Doctrine of hierarchy of courts
D) Double jeopardy
  • 31. A drug-related case involving 10 grams of shabu is filed. Which court should try the case?
A) Sandiganbayan
B) RTC designated as a drug court
C) Court of Appeals
D) MTC
  • 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) Administrative control
B) Original jurisdiction
C) Supervisory power
D) Appellate jurisdiction
  • 34. An appeal from the MTC in a criminal case should be filed before.
A) RTC
B) Sandiganbayan
C) Supreme Court
D) Court of Appeals
  • 35. Which court has jurisdiction over violations of city ordinances?
A) MTC
B) Court of Appeals
C) RTC
D) Supreme Court
  • 36. When a juvenile offender is charged with robbery with homicide, where must the case be filed?
A) MTC
B) Family Court (RTC branch)
C) Sandiganbayan
D) Juvenile Justice Board
  • 37. A case involving graft and corruption by a mayor is filed in the RTC. What happens?
A) Proceed normally
B) Dismiss automatically
C) RTC refers to Sandiganbayan
D) Case is void for lack of jurisdiction
  • 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) File anew under new law
B) Continue trial
C) Transfer to CA
D) Reinstate case
  • 39. A case for estafa involves ₱1.9 million. Which court has jurisdiction?
A) RTC
B) Sandiganbayan
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) Nature of the offense
D) Supreme Court circulars
  • 42. Which case is beyond the jurisdiction of any Philippine court?
A) Crime on Philippine vessel abroad
B) Crime committed by OFW abroad
C) Foreign diplomat’s criminal act
D) Crime on foreign ship in PH waters
  • 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) Dismiss the case for lack of jurisdiction
D) Order the police to file before the prosecutor’s office
  • 44. In criminal procedure, when does a case officially begin against an accused?
A) Upon filing of the complaint
B) Upon filing of the information in court
C) Upon arrest
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) Void complaint for lack of proper party
B) Valid filing since the fiscal approved
C) Consider as administrative case
D) Proceed since theft is public offense
  • 46. The essence of criminal procedure is.
A) To protect state power
B) To convict the guilty
C) To favor the accused
D) To secure justice and due process
  • 47. When the prosecutor files an information without preliminary investigation in a required case, what right is violated?
A) Right to bail
B) Right to counsel
C) Right to due process
D) Right against self-incrimination
  • 48. Which of the following is not a purpose of criminal procedure?
A) To secure the conviction of the guilty
B) To protect the rights of the accused
C) To ensure justice is done
D) To provide a fair trial
  • 49. In criminal procedure, the rule of prospective application of procedural laws means.
A) Laws apply only to future cases
B) They affect substantive rights
C) They can cure past errors
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) Dismiss the case
C) Appoint an interpreter and repeat the arraignment
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 always requires consent
B) Amendment before plea is allowed
C) Amendment after plea is void
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) Proceed against both B.
B) Continue case and note death after trial
C) Suspend proceedings
D) Dismiss as to the deceased accused
  • 53. The doctrine of “judicial notice” allows a court to.
A) Take knowledge of facts without proof
B) Apply foreign laws
C) Admit evidence automatically
D) Require expert testimony
  • 54. A motion to dismiss based on lack of probable cause was filed after arraignment. What rule applies?
A) Converted to demurrer to evidence
B) Waived right
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) Require re-filing
B) Correct the caption
C) Dismiss for lack of authority
D) Accept and proceed
  • 56. What is the best description of “due process” in criminal procedure?
A) Opportunity to be heard
B) Conviction after trial
C) Access to counsel
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) Acquit automatically
B) Dismiss since it’s a private offense
C) Refer to barangay for conciliation
D) Proceed to trial
  • 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) Amendment after verdict
B) Violation of due process
C) Application of variance doctrine
D) Judicial discretion
  • 60. When the court dismisses a case for lack of probable cause after preliminary investigation, the complainant’s remedy is to.
A) Appeal to DOJ
B) File motion for reconsideration before same prosecutor
C) File administrative case
D) File directly in RTC
  • 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) Admissible if notarized
D) Inadmissible as violation of rights
  • 62. The accused wants to defend himself personally instead of through a lawyer. The court should.
A) Allow it if he knowingly waives counsel
B) Require standby 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 speedy trial
B) Right to remain silent
C) Right against self-incrimination
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) Right to equal protection
C) Right to due process
D) Habeas corpus rule
  • 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) Suspended pending appeal
B) Void for violation of constitutional rights
C) Valid if evidence strong
D) Valid if accused agreed
  • 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) Can prepare an intelligent defense
D) Is acquitted automatically
  • 68. If a public trial endangers witnesses, the court may.
A) Suspend proceedings
B) Proceed publicly as mandated
C) Seal all records permanently
D) Conduct in-camera trial with justification
  • 69. The accused’s right to confront witnesses may be curtailed if.
A) Witness is dead and deposition exists
B) Witness refuses to appear
C) Court denies cross-examination
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) Double jeopardy
B) Equal protection
C) Due process
D) Speedy trial
  • 71. The right to compulsory process allows the accused to.
A) Demand dismissal
B) Choose his judge
C) Summon witnesses and evidence
D) Delay trial
  • 72. The prosecution presents evidence not included in the information. The defense objects. What should the court do?
A) Admit for completeness
B) Order amendment
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) Dismiss the case
C) Suspend to protect accused’s right to counsel
D) Continue trial
  • 74. The defense lawyer was asleep during crucial testimony. This results in.
A) Mistrial and violation of right to effective counsel
B) Waiver of cross-examination
C) No effect if evidence strong
D) Contempt of court only
  • 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) Speedy trial
B) Due process
C) Speedy disposition of cases
D) Right to bail
  • 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) Invalid for lack of immediate pursuit
C) Valid hot pursuit
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) Administrative arrest
C) Warrantless arrest in flagrante delicto
D) Citizen’s arrest
  • 79. A warrantless arrest made by a private citizen of a fleeing robber is valid when.
A) He has personal suspicion
B) The robber is described by police
C) It occurs at night
D) Crime was committed in his presence
  • 80. Search of a house based only on verbal order of police chief is.
A) Invalid and violates constitutional rights
B) Valid if consented to
C) Valid under urgency
D) Allowed during curfew
  • 81. Seized evidence during an unlawful search is admissible only if.
A) Accused waives objection
B) Evidence is crucial
C) Accused is guilty
D) None of the above
  • 82. The exclusionary rule states that.
A) Illegally obtained evidence must be excluded
B) Only confessions need to be excluded
C) All evidence is admissible
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) Administrative warrant
C) Hot pursuit with personal knowledge
D) In flagrante delicto
  • 84. A search warrant that fails to particularly describe the items to be seized is.
A) Void for generality
B) Valid if items are criminal in nature
C) Valid if supported by probable cause
D) Valid if witness testified
  • 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) None
D) Right to counsel
  • 86. A warrantless arrest based solely on anonymous text messages is.
A) Valid if confirmed later
B) Valid for probable cause
C) Allowed under “Stop and Frisk”
D) Invalid for lack of personal knowledge
  • 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) Curable by execution
B) Valid if executed
C) Void and inadmissible
D) Irregular but valid
  • 89. A search warrant must be issued upon.
A) Mere suspicion
B) Probable cause personally determined by the judge
C) Police recommendation
D) Anonymous report
  • 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) Res gestae
B) Exclusionary rule on coerced confessions
C) Hot pursuit doctrine
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) Monday morning
B) Sunday 10 p.m.
C) After affidavit is signed
D) Saturday noon
  • 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) 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) 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) Referred to prosecutor
B) Dismissed for lack of cause of action
C) Proceeded with immediately
D) Suspended until conciliation
  • 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) Plea bargain
B) Recommendation
C) Judgment of the court
D) Police blotter
  • 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) Determine probable cause before trial
B) Serve as trial substitute
C) Convict the guilty
D) Collect evidence
  • 100. When an inquest prosecutor finds illegal arrest, he must.
A) Refer to court
B) File case anyway
C) Require affidavit
D) Order immediate release
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