(CLJ 6) CRIMINAL PROCEDURE AND COURT TESTIMONY
  • 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 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) Arraignment
D) Roll call of cases
  • 4. When the call to order has been undertaken, it is an indication that.
A) The court is in session
B) All must be silent
C) All of the above
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) Bailiff
C) Judge
D) Clerk of court
  • 7. The prosecutor in a criminal case would usually utter in roll call.
A) "For the plaintiff your honor, ready"
B) "For the state your honor, ready"
C) "For the accused your honor, ready"
D) "For the people 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) Calendar
C) All of these
D) Roll call of cases
  • 9. Trials and court sessions are usually.
A) Exclusive for the litigants
B) Open to the members of the bar
C) Exclusive to the litigants and their relatives
D) Open to the public
  • 10. When evidence are presented to the court, this constitutes.
A) Marking of exhibits
B) Witness oath
C) Roll call of cases
D) Call to order
  • 11. Before giving his testimony the witness must.
A) Undertake the witness oath
B) Must sign his affidavit
C) Must pray for truthful answers
D) Must pledge to tell the truth
  • 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) Roll call of cases
D) Witness oath
  • 13. Primary duty of the prosecutor.
A) To acquit the accused
B) To secure justice
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) Counsel de officio
B) All of the above
C) Private prosecutor
D) Public prosecutor
  • 15. Another lawyer hired by the victim is designated as.
A) Private prosecutor
B) Counsel de officio
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 not allowed to answer the question directed by counsel
B) Is instructed to sit down
C) Is allowed to continue and answer
D) Is instructed to get out of the witness stand
  • 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-cross examination
B) Cross examination
C) Re-direct examination
D) Direct examination
  • 20. It is used to establish facts wherein leading questions are not allowed.
A) Re-cross examination
B) Cross examination
C) Re-direct 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 of record
B) Attorney ad Hoc
C) Attorney at law
D) Counsel de officio
  • 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) 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 ad Hoc
B) House counsel
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) Counsel de officio
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) Forward to the Court of Appeals
C) Proceed with trial to avoid delay
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) Regional Trial Court
B) Sandiganbayan
C) Court of Appeals
D) Municipal 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) No, it should go to Sandiganbayan
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) MTC
B) Sandiganbayan
C) RTC designated as a drug court
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) Void
D) Subject to appeal
  • 33. The Supreme Court orders the transfer of venue of a high-profile trial. This illustrates its.
A) Administrative control
B) Original jurisdiction
C) Appellate jurisdiction
D) Supervisory power
  • 34. An appeal from the MTC in a criminal case should be filed before.
A) RTC
B) Sandiganbayan
C) Court of Appeals
D) Supreme Court
  • 35. Which court has jurisdiction over violations of city ordinances?
A) Court of Appeals
B) MTC
C) Supreme Court
D) RTC
  • 36. When a juvenile offender is charged with robbery with homicide, where must the case be filed?
A) Family Court (RTC branch)
B) Sandiganbayan
C) Juvenile Justice Board
D) MTC
  • 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) Transfer to CA
B) Continue trial
C) File anew under new law
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) Original jurisdiction
B) Automatic review
C) Supervisory power
D) Appellate jurisdiction
  • 41. The jurisdiction of courts is determined by.
A) Law at the time of filing
B) Nature of the offense
C) Both Law at the time of filing and 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 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) Dismiss the case for lack of jurisdiction
B) Proceed with arraignment
C) Order the police to file before the prosecutor’s office
D) Treat the case as a private complaint
  • 44. In criminal procedure, when does a case officially begin against an accused?
A) Upon filing of the information in court
B) Upon issuance of subpoena
C) Upon filing of the complaint
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) 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 protect state power
B) To favor the accused
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 against self-incrimination
B) Right to counsel
C) Right to due process
D) Right to bail
  • 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) They can cure past errors
B) Laws apply only to future cases
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) Appoint an interpreter and repeat the arraignment
B) Record refusal as waiver
C) Dismiss the case
D) Proceed since counsel can explain later
  • 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 before plea is allowed
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) Continue case and note death after trial
C) Dismiss as to the deceased accused
D) Proceed against both B.
  • 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) Waived right
C) Must be resolved immediately
D) Converted to demurrer to evidence
  • 55. If the information is filed by someone other than the prosecutor, the court should.
A) Dismiss for lack of authority
B) Correct the caption
C) Require re-filing
D) Accept and proceed
  • 56. What is the best description of “due process” in criminal procedure?
A) Speedy resolution
B) Opportunity to be heard
C) Conviction after trial
D) Access to counsel
  • 57. A case was filed for slight physical injuries. The offended party and accused later settled amicably. What should the court do?
A) Dismiss since it’s a private offense
B) Acquit automatically
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) Judicial discretion
B) Application of variance doctrine
C) Amendment after verdict
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 directly in RTC
B) File administrative case
C) File motion for reconsideration before same prosecutor
D) Appeal to DOJ
  • 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 because voluntarily signed
D) Valid if signed before police
  • 62. The accused wants to defend himself personally instead of through a lawyer. The court should.
A) Deny it outright
B) Allow it if he knowingly waives counsel
C) Proceed with appointed 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 against self-incrimination
C) Right to speedy trial
D) Right to remain silent
  • 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) Not applicable
B) Waiver of jury
C) Mode of trial
D) Judicial discretion
  • 66. A trial proceeds despite absence of counsel for the accused. The conviction will be.
A) Suspended pending appeal
B) Valid if accused agreed
C) Void for violation of constitutional rights
D) Valid if evidence strong
  • 67. The right to be informed of the nature and cause of accusation ensures that the accused.
A) Is acquitted automatically
B) Can prepare an intelligent defense
C) Can avoid arrest
D) Can appeal easily
  • 68. If a public trial endangers witnesses, the court may.
A) Suspend proceedings
B) Proceed publicly as mandated
C) Conduct in-camera trial with justification
D) Seal all records permanently
  • 69. The accused’s right to confront witnesses may be curtailed if.
A) Witness refuses to appear
B) Court denies cross-examination
C) Accused waives counsel
D) Witness is dead and deposition exists
  • 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) Summon witnesses and evidence
B) Demand dismissal
C) Choose his judge
D) Delay trial
  • 72. The prosecution presents evidence not included in the information. The defense objects. What should the court do?
A) Order amendment
B) Allow if favorable to accused
C) Admit for completeness
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) Suspend to protect accused’s right to counsel
C) Warn counsel and appoint amicus
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) Waiver of cross-examination
D) Contempt of court only
  • 75. The right to bail ceases when.
A) Evidence of guilt is strong in a capital offense
B) Case is appealed
C) Bail bond expires
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) Due process
C) Speedy trial
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 hot pursuit
B) Valid if suspect admits guilt
C) Invalid for lack of immediate pursuit
D) Valid if with barangay clearance
  • 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) He has personal suspicion
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) Valid under urgency
B) Valid if consented to
C) Allowed during curfew
D) Invalid and violates constitutional rights
  • 81. Seized evidence during an unlawful search is admissible only if.
A) Accused is guilty
B) None of the above
C) Evidence is crucial
D) Accused waives objection
  • 82. The exclusionary rule states that.
A) All evidence is admissible
B) All confessions are admissible
C) Only confessions need to be excluded
D) Illegally obtained evidence must be excluded
  • 83. When police arrest without a warrant for a crime that happened a week ago, they must justify.
A) In flagrante delicto
B) Administrative warrant
C) Search incidental to arrest
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 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 counsel
C) None
D) Right to privacy only
  • 86. A warrantless arrest based solely on anonymous text messages is.
A) Allowed under “Stop and Frisk”
B) Valid for probable cause
C) Invalid for lack of personal knowledge
D) Valid if confirmed later
  • 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) Mere suspicion
D) Anonymous report
  • 90. A police officer searched a cellphone without a warrant. The search is valid only if.
A) Officer suspects drug use
B) Consent was freely given
C) Phone is expensive
D) Owner was arrested
  • 91. A suspect arrested under hot pursuit was tortured for confession. What rule applies?
A) Stop and frisk rule
B) Exclusionary rule on coerced confessions
C) Res gestae
D) Hot pursuit doctrine
  • 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) Saturday noon
C) Monday morning
D) After affidavit is signed
  • 93. When is a preliminary investigation mandatory?
A) Optional at prosecutor’s discretion
B) For all criminal cases
C) When offense is punishable by at least 4 years and 2 months imprisonment
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) Oral defamation
B) Slight physical injuries
C) Grave coercion between same barangay residents
D) Murder
  • 97. The barangay settlement has the same effect as.
A) Recommendation
B) Police blotter
C) Judgment of the court
D) Plea bargain
  • 98. The barangay conciliation system promotes which constitutional policy?
A) Judicial supremacy
B) Centralized justice
C) People’s participation and social justice
D) Right to bail
  • 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) Require affidavit
B) File case anyway
C) Order immediate release
D) Refer to court
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