Manuel Francisco S. Abrogar 1.
Concurrent original jurisdiction in criminal actions was conferred between: a. Court of first instance b. Inferior courts c. Courts of first instance and Circuit Criminal Courts d. A and C e. All of the above
2.
In order that a court may have jurisdiction to try a case, it is essential that it must have jurisdiction over: a. The offense b. The person c. Both a and b d. A in the absence of B e. B in the absence of A
3.
The voluntary appearance of the accused, whereby the court acquires jurisdiction over his person is accomplished either by: a. Pleading to the merits b. Appearing for arraignment c. Filing bail d. Both A and C e. All of the above
4.
The law in force at the time of the institution of the criminal action determines the: a. Nature of the crime b. Court‟s jurisdiction c. Degree of the offense d. Civil liability e. None of the above
5.
The jurisdiction of the court is determined by: a. Extent of the penalty imposed by law b. Special Laws c. Constitution d. Nature of the crime e. Civil Liability
6.
The jurisdiction of the court in criminal cases is determined by: a. Results of proof b. Trial court‟s appreciation of evidence c. Complaint or information d. A and C e. B and C
7.
The sandiganbayan shall exercise exclusive original jurisdiction in all cases involving a. Anti-graft and corrupt practices act b. Felonies committed by public officers in relation to their office c. Final judgment of the regional trial court d. Both A and B e. All of the above
8.
If the defendant does not join issue by failing to file his answer to a civil complaint, the court: a. Does not lose jurisdiction over the case b. Loses its jurisdiction over the case c. Can validly render a default judgment d. Both B and C e. None of the above
9.
If the accused in a criminal action fails to join issue with the averment in the indictment , any disposition of the court on the merits of the case would be: a. Valid b. A Nullity c. Can constitute a basis for subsequent claim d. None of the above
ANSWER KEY
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
E C E B A C D A B A
1. 2. 3. 4. 5. 6. 7.
D C A D A A D
10. The criminal jurisdiction of the state is based upon: a. Sovereignty b. Police Power c. Imminent Domain d. Jurisdiction over person e. Jurisdiction over the offense charged Christine Joy A. Abrogueńa 1.
Jurisdiction to investigate, prosecute and try election offenses committed by public officers in relation to their office lies in: A. B. C.
COMELEC Sandiganbayan Tanodbayan and Sandiganbayan
1
D. 2.
COMELEC and RTC
8. 9. 10.
Which of the following statements is incorrect: A. B. C. D.
The Sandiganbayan may not review, revise or reverse the findings of the Court of Appeals. The Sandiganbayan has exclusive original jurisdiction in cases involving Philippine army and air force colonels, naval captains, and all officers of higher rank. The Sandiganbayan has no jurisdiction over petitions for certiorari, prohibition or mandamus. The Sandiganbayan has jurisdiction over civil or criminal cases filed by the Presidential Commission on Good Governance.
3.
Division of Sandiganbayan:
A. B. C. D.
The Sandiganbayan shall sit in five (5) divisions of three (3) justices each. The Sandiganbayan shall sit in three (3) divisions of three (3) justices each. The Sandiganbayan shall sit in three (3) divisions of five (5) justices each. The Sandiganbayan shall sit in five (5) divisions of five (5) justices each.
4.
Which of the following statements is correct: The Sandiganbayan shall exercise exclusive original jurisdiction in all cases involving:
A.
C. D.
Provincial governors, vice-governors, members of the sangguniang panlalawigan and provincial treasurers, assessors, engineers and other provincial department heads. Presidents, directors or trustees, or managers of government-owned or -controlled corporations, state universities or educational institutions or foundations. None of the above. All of the above.
5.
Which of the following statements is incorrect:
B.
A. The Sandiganbayan does not have exclusive appellate jurisdiction over final judgments, resolutions or orders of regional trial courts whether in the exercise of their own original jurisdiction or of their appellate jurisdiction.
B. The Sandiganbayan shall exercise exclusive original jurisdiction in cases involving officials of the diplomatic service occupying the position of consul and higher.
C. The Sandiganbayan shall exercise exclusive original jurisdiction in cases involving officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent or higher.
D. Items A and B. 6.
What is the jurisdiction of cases where none of the principal accused are corresponding to salary grade “27” or higher? A. B. C. D.
7.
RTC, Metropolitan Trial Court, Municipal Trial Court and Municipal Circuit Trial Court. Sandiganbayan All of the above None of the above.
Which of the following statements is correct: The Sandiganbayan shall exercise exclusive original jurisdiction in cases involving:
A. B. C. D.
Chairmen and members of Constitutional Commissions, without prejudice to the provisions of the Constitution. Members of the judiciary without prejudice to the provisions of the Constitution. City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors engineers and other city department heads. All of the above.
8.
Which of the following statements is incorrect:
A.
The Sandiganbayan shall exercise exclusive original jurisdiction in cases involving officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade '27' and higher, of the Compensation and Position Classification Act of 1989. The Sandiganbayan shall exercise exclusive original jurisdiction in cases involving members of Congress and officials thereof classified as Grade'27'and up under the Compensation and Position Classification Act of 1989; All of the above. None of the above.
B. C. D. 9. A. B. C. D.
Which of the following statements is correct: The Sandiganbayan shall exercise exclusive original jurisdiction in cases involving members of the judiciary without prejudice to the provisions of the Constitution; The Sandiganbayan shall exercise exclusive original jurisdiction in cases involving Chairmen and members of Constitutional Commissions, without prejudice to the provisions of the Constitution. All of the above. None of the above.
10. Which of the following statements is correct: A. The Sandiganbayan shall exercise exclusive original jurisdiction in cases involving officials of the diplomatic service occupying the position of consul and higher. B. The Sandiganbayan shall exercise exclusive original jurisdiction in cases involving presidents, directors or trustees, or managers of government-owned or -controlled corporations, state universities or educational institutions or foundations. C. None of the above. D. All of the above.
2
D C D
1.
2.
Alphecca B. Adolfo Which of the following statements is correct? a. Decisions and final orders of the Sandiganbayan shall be appealable to the Court of Appeals by petition for review on certiorari in accordance with Rule 45 of the Rules of Court. b. Decisions and final orders of the Sandiganbayan shall be appealable to the Supreme Court by petition for review on certiorari raising pure question of law in accordance with Rule 45 of the Rules of Court. c. Decisions and final orders of the Sandiganbayan shall be appealable to the Supreme Court by notice of appeal within 30 days from the date of the order. d. Decisions and final orders of the Sandiganbayan shall be appealable to the Supreme Court by petition for review on certiorari raising both questions of law and errors of facts in accordance with Rule 45 of the Rules of Court. Which of the following is not a power of the Sandiganbayan? a. Promulgate its own rules and procedures. b. Adopt internal rules governing the allotment of cases among the divisions. c. Adopt internal rules governing the rotation of justices among them. d. Adopt internal rules governing other matters relating to the internal operations of the court.
3.
The Office of the Ombudsman shall have the following powers, functions and duties: Statement 1: Request any government agency for assistance or information necessary in the discharge of its responsibilities and to examine, if necessary, pertinent records and documents. Statement 2: Direct, only upon complaint, any officer or employee of the government, or of any subdivision, agency or instrumentality thereof, as well as any government-owned or controlled corporation with original charter to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties. a. Both statements are true. b. Statement 2 is true; Statement 1 is false. c. Both statements are false. d. Statement 1 is true; Statement 2 is false. 4.
If the imposed penalty by the ____________ is death, review by the Supreme Court shall be automatic, whether or not the accused files an appeal. a. Regional Trial Court. b. Sandiganbayan. c. Court of Appeals, Sandiganbayan and Regional Trial Court. d. Regional Trial Court and Sandiganbayan.
5.
Which is incorrect regarding the consolidation of civil and criminal action in cases cognizable by the Sandiganbayan? a. The criminal action and corresponding civil action for the recovery of civil liability shall at all times be simultaneously instituted with, and jointly determined in the same proceedings by the Sandiganbayan. b. The filing of the criminal action is deemed to carry with it the filing of the civil action. c. A right to reserve the filing of the civil action separately from the criminal action shall be recognized. d. Where the civil action had been filed separately but judgment therein has not yet been rendered, and the criminal case is hereafter filed with the Sandiganbayan, or the appropriate court, said civil action shall be transferred to the Sandiganbayan or the appropriate court for the consolidation and joint determination with the criminal action, otherwise the separate civil action shall be abandoned.
6.
In case private individuals are charged as co-principals, accomplices or accessories with the public officers or employees, including those employed in government-owned or controlled corporations, they shall be tried jointly with said public officers and employees, in the proper courts which shall exercise exclusive jurisdiction over them. The statement is: a. always true b. sometimes true c. sometimes false d. always false
7.
The Sandiganbayan shall exercise exclusive appellate jurisdiction over: a. Petitions for the issuance of the writ of mandamus, prohibition, certiorari, habeas corpus, injunctions or other auxiliary writs. b. Final judgments or orders of RTCs only in the exercise of their own original jurisdiction. c. Final judgments or orders of RTCs whether in the exercise of their own original jurisdiction or of their appellate jurisdiction. d. None of the above.
8.
The Sandiganbayan shall exercise exclusive original jurisdiction in cases involving violations of the Anti-Graft and Corrupt Practices Act, where one or more of the accused are officials occupying the following positions in the government at the time of the commission of the offense: Statement I: Members of the judiciary. Statement II: Officials of the executive branch occupying the position of regional directory and higher, otherwise classified as Grade 27 and higher of the Compensation and Position Classification Act of 1989. a. I and II are both false. b. I and II are both true. c. I is false. II is true. d. I is true. II is false. 9. The Sandiganbayan is composed of: a. Presiding justice and 8 associate justices. b. Presiding justice and 10 associate justices. c. Presiding justice and 15 associate justices. d. Presiding justice and 14 associate justices. 10. In all cases elevated to the Sandiganbayan and from the Sandiganbayan to the Supreme Court, who represents the People of the Philippines? a. Public Prosecutor b. Ombudsman c. Tanodbayan d. Solicitor General
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1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
b a d d c a c b d b
May Kristel DR Aguinaldo QUESTION NO. 1 RTC has original exclusive jurisdiction over cases except those a. Criminal cases not within exclusive jurisdiction of any court, tribunal, or body b. Criminal offenses punishable with imprisonment over 6 years c. Offenses involving damage to property through criminal negligence d. Public officers whose offense is connected to his position and is punishable by a fine not exceeding PhP 6000 QUESTION NO. 2 Judges are authorized to conduct preliminary investigation except those in a. Metropolitan Trial Courts in NCR b. Municipal Trial Court c. Municipal Circuit Trial Courts d. All of the above
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
QUESTION NO. 3 Which of the following is primarily considered in court jurisdiction a. Number of years of imprisonment b. Fine c. Imposable accessory and other civil liabilities d. Habitual delinquency QUESTION NO. 4 Sandiganbayan has the exclusive jurisdiction over the following except a. public officers or employees whose offenses are punishable with a fine of more than PhP6000 b. Petitions for forfeiture of illegally acquired wealth c. Private individuals charged as co-principals, accomplices, or accessories with a public officer d. Final judgments, resolutions, or orders of RTC QUESTION NO. 5 The Ombudsman has no authority to a. Investigate and prosecute any illegal act or omission of any public official b. Investigate and initiate proper action for the recovery of ill-gotten wealth amassed after February 25, 1986 c. Investigate and initiate proper action for the recovery of ill-gotten wealth amassed prior February 25, 1986 d. Administer oaths, issue subpoenas, and take testimony in any investigation or inquiry including the power to examine and have access to bank accounts and records QUESTION NO. 6 Which of the ff is under the jurisdiction of the Regional Trial Court a. X whose penalty is PhP 3,000.00 fine b. Y whose penalty is more than 6 years imprisonment c. Z who violated municipal ordinance #42 d. A who was charged with amassing ill gotten wealth last January 2000. QUESTION NO. 7 Which of the following is not under Sandiganbayan‟s jurisdiction a. Congressman B who amassed ill-gotten wealth b. X in conspiracy with Congressman C charged with Bribery c. Public servant Z who is penalized with a fine of PhP 2,000.00 d. None of the above QUESTION NO. 8 Which of the following is incorrect? a. Offenses involving damage to property through criminal negligence, jurisdiction is exclusively vested in Metropolitan or Municipal Trial Court regardless of imposable fine b. If amount of fine exceeds PhP 4,000.00, RTC shall have jurisdiction, not including offenses committed by public officers and employees in relation to their office where amount of fine does not exceed PhP6,000.00 c. Inferior courts have jurisdiction over the crime of seduction despite civil liabilities d. All penalties and civil liabilities are disregarded in determining criminal jurisdiction of inferior courts QUESTION NO. 9 Which of the following is incorrect? a. Supreme Court has concurrent jurisdiction with Court of Appeals for petitions for certiorari, prohibition and mandamus against RTC b. SC has concurrent jurisdiction with CA and RTC for petition for certiorari, prohibition, and mandamus against lower courts c. SC has exclusive jurisdiction over for petitions for certiorari , prohibition, and mandamus against CA and Sandiganbayan d. SC has exclusive original jurisdiction for criminal cases involving offenses for which penalty is reclusion perpetua QUESTION NO. 10 Which of the following is correct a. The Ombudsman shall give priority to complaints filed against high ranking government officials b. The Ombudsman has the authority to investigate and initiate proper action for recovery of ill-gotten wealth after Feb 25, 1986 c. The Ombudsman has the exclusive authority to investigate and prosecute any illegal act or omission of any public official d. Involvement of Ombudsman in the investigation of a charge for sedition have adverse legal consequence upon authority of a panel of state prosecutors to file and prosecutre corresponding information.
1.
Cristie B. Alegre Which of the following is the exclusive original jurisdiction of the Court of Appeals? a. Violations of the Anti-Graft and Practices Act
4
1. C 2. B 3. A
b. c. d.
All criminal cases which are not within the exclusive jurisdiction of any court, tribunal or body Actions for annulment of judgments of the Regional Trial Courts All violations of city or municipal ordinances committed within their respective territorial jurisdictions
2.
The Family Courts have the exclusive original jurisdiction over the following cases, EXCEPT: a. Criminal cases where one or more of the accused is below 18 but not less than 15 years of age b. Violations of the Anti-Graft and Practices Act where one or more of the accused are public officials c. Cases against minors, cognizable under the Comprehensive Dangerous Drugs Act, as amended d. Criminal cases of domestic violence against women and children
3.
All criminal cases which are not within the exclusive jurisdiction of any court, tribunal or body is under the exclusive original jurisdiction of the: a. Regional Trial Courts b. Metropolitan Trial Courts c. Court of Appeals d. Sandiganbayan
4.
All offenses (except violations of RA 3019, RA 1379 and Arts. 210 to 212, RPC) committed by public officers and employees in relation to their office, punishable with imprisonment of not more than 6 years or where none of the accused holds a position classified as Grade “27” and higher, is under the exclusive original jurisdiction of the: a. Sandiganbayan b. Regional Trial Courts c. Court of Appeals d. Metropolitan Trial Courts
5.
The prescriptive period for the offenses covered by Sec. 1 of Rule 110 (Prosecution of Offenses) is interrupted by: a. Preparation of the criminal information b. Institution of judicial proceedings against the offender c. Filing of the complaint with the appropriate officer for preliminary investigation d. Signing of the complaint by the prosecutor
6.
The following are the remedies of the offended party where the fiscal refuses to file an information despite the fact that the evidence clearly warrants such action, EXCEPT: a. File an action for mandamus to compel the Fiscal to file such information b. Go directly to the Court of Appeals c. Institute administrative charges against the erring prosecutor d. Secure the appointment of another prosecutor
7.
Writs of injunction or prohibition to restrain a criminal prosecution are generally not available, EXCEPT: a. To afford adequate protection to the constitutional rights of the accused b. When there is no prejudicial question c. If no double jeopardy is involved d. All of the above
8.
Sec. 1 of Rule 110, on the institution of criminal actions for offenses falling under the jurisdiction of the RTC, MTC and MCTC, specifically refers to: a. Any offense b. Offenses which are subject to summary procedure c. All criminal and civil cases d. Offenses which are NOT subject to the rule on summary procedure
9.
The information must be: a. Always against one offender only b. Addressed to an anonymous offender c. Against all persons who appear to be responsible for the offense involved d. None of the above
10. In Manila and other chartered cities, the complaint shall be filed with the: a. Office of the City Mayor b. Office of the Prosecutors, unless otherwise provided in their charters c. National Bureau of Investigation (NBI) d. All of the above Kristtia P. Amores 1. Which of the following is/are TRUE? a. b. c. d. e.
The complaint and information shall be in writing, in the name of the Petitioner and against all persons who appear to be responsible for the offense involved. The complaint and information shall be in writing, charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated. The complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved. b and c. All of the above.
4. D 5. C 6. B 7. A 8. D 9. C 10. B
1.
c.
2.
d.
3. 4.
a. b.
5.
c.
6.
d.
7.
e.
8.
b.
9.
d.
2. What is a complaint? a. b.
A complaint is a sworn written statement charging a person with an offense, sworn by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated. A complaint is a sworn written statement charging a person with an offense, subscribed by the prosecutor and filed with the court.
5
c. d.
A complaint is an accusation in writing charging a person with an offense, subscribed by the assistant prosecutor and filed with the court by the prosecutor. A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated.
10. f.
3. If the offended party dies before he is able to file a complaint, can his heirs file it in his behalf? a. b. c. d.
No. The right to file a criminal action is personal and abates upon the death of the offended party. It is not transmissible to the heirs. Yes. The right to file a criminal action is not personal and does not abate upon the death of the offended party. It is transmissible to the heirs. No. The right to file a criminal action must be filed by the prosecutor or the legal representative of the deceased offended party, and not by the heirs. None of the above.
4. Which of the following is/are FALSE? a.
The complaint may be filed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated. b. The complaint may be filed by the offended party, heirs of the offended party, legal representative, or other public officer charged with the enforcement of the law violated. c. The prosecutor cannot be compelled to file a particular complaint or information. d. None of the above. 5. Should the second spouse be included in an information for bigamy? a. b. c. d.
No. Article 349 of the Revised Penal Code provides that bigamy can be committed by only one of the spouses, thus the second spouse should not be included in the information for bigamy. Yes. The bigamy committed by the spouse made his/her second spouse liable for the crime. Yes. The second spouse should be included in an information for the crime of bigamy committed by the other spouse if there is evidence that would make the him/her liable for such crime. None of the above.
6. The following must prosecute criminal actions, except: a. b. c. d.
public prosecutor private prosecutor authorized in writing by the Chief of the Prosecution Office to prosecute the case subject to the approval of the court private prosecutor authorized in writing by the Regional State Prosecutor to prosecute the case subject to the approval of the court None of the above.
7. Which of the offenses shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents, or guardian, nor, in any case, if the offender has been expressly pardoned by any of them? a. b. c. d. e.
seduction abduction acts of lasciviousness a and c All of the above.
8. If the offended party in abduction, seduction, and acts of lasciviousness is of age, can her parents file the complaint for her? a. b. c. d.
No. If the offended party is already of age, only her legal representative has the exclusive right to file the complaint. No. If the offended party is already of age, she has the exclusive right to file the complaint unless she becomes incapacitated. Yes. The state gives the parents the exclusive authority to file the case even if the offended party is already of age. None of the above.
9. When can a private prosecutor prosecute criminal case? a. b. c. d. e. f.
In case of heavy work schedule of the public prosecutor or in the event of lack of public prosecutors. When the private prosecutor may be authorized in writing by the Public Prosecutor‟s Office or the Regional State Prosecution Office to prosecute the case subject to the approval of the court. When the private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval of the court. a and c. a and b. All of the above.
10. The following are TRUE, except: a. b. c. d. e. f.
Where the civil action for recovery of civil liability intervene by counsel in the prosecution of the offense. Where the civil action for recovery of civil liability intervene in the prosecution of the offense. Where the civil action for recovery of civil liability intervene in the prosecution of the offense. Where the civil action for recovery of civil liability intervene by counsel in the prosecution of the offense. a, c and d. a, b and c.
is instituted in the criminal action pursuant to Rule 112, the offended party may is instituted in the criminal action pursuant to Rule 111, the offended party may is instituted in the criminal action pursuant to Rule 112, the offended party may is instituted in the criminal action pursuant to Rule 111, the offended party may
g. All of the above. Reivin Jed . Ambojia
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1. C
1. The crime of concubinage and adultery can be prosecuted only by the ___________, regardless of his or her age, as long as he or she is not otherwise incapacitated. a. judge b. prosecutor c. offended spouse d. minor
2. D 3. A 4. B 5. A 6. A 7. B 8. A 9. A 10. A
2. The crimes of seduction, rape or acts of lasciviousness can be prosecuted exclusively and successively by any of the following except: a. by the offended woman b. by the parents, grandparents or guardians c. by the State in the exercise of the right of parens patriae d. by the eye witness 3. The complex crime of rape with homicide or robbery with rape does not require a sworn written complaint and can be instituted ______________. a. de oficio b. consentido c. verbatim d. innuendo 4. In People vs Guinucud, it refers to the past commission of the offense. a. pardon b. consent c. condonation d. parole 5. The present rule is that consent refers to ______ acts, while pardon refers to ____ acts of adultery. a. future; past b. present; past c. past; future d. past; present 6. “Consentido o perdonado dichos actos” a. if he shall have consented or pardoned the offenders b. consented or pardoned the defenders c. common sense and personal acts d. consented persons die actually 7. In People vs Topino, the _________ of one of the accused does not bar the prosecution of the other accused. a. marriage b. acquittal or death c. conviction d. impregnation 8. It is considered a crime against chastity under the Revised Penal Code. a. white slavery b. treason c. homicide d. malicious mischief 9. It is required in both written and oral defamations imputing a crime which cannot be prosecuted de oficio. a. sworn written complaint b. information c. affidavit d. notarized document 10. A complaint or information is sufficient if it states the following except: a. name of the accused b. birth date of the accused c. designation of the offense d. acts or omissions complained Karl Brian C. Ang 1. A complaint or information must state the name and the surname of the accused or any appellation or nickname by which he has been or is known. If his name cannot be ascertain, he must be describe under a __________ with a statement that has true name is unknown. a. b. 2.
c. d.
john doe none of the
The complaint or information shall state the __________ given by the statute, aver the acts or omissions constituting the offense and specify its qualifying and aggravating circumstances. a. b.
3.
fictitious name true name
Designation of the offense c. Nature of the offense Designation of the crime d. Name of the offense
The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute but in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgement.
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1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
A A A A A A A A A A
a. b. 4.
Cause of accusation c. Designation of the offense Nature of accusation d. Name of the offense
The complainant or information is sufficient if it can be understood from its allegations that the offense was committed or some of its essential ingredients occurred at some place within the jurisdiction of the court, unless the particular place where it was committed constitutes an essential element of the offense charged or is necessary for its identification. a. b. c. d.
Place of the commission of the offense Venue Jurisdiction Territory
5.
It is not necessary to state in the complaint or information the precise date the offense was committed except when it is a material ingredient of the offense. The offense may be alleged to have been committed on a date as near as possible to the actual date of its commission. a. Date of the commission of the offense b. Date c. Prescription d. None of the above
6.
The complaint or information must state the name and surname of the person against whom or against whose property the offense was committed, or any appellation or nickname by which such person has been or is known. If there is no better way of identifying him, he must be described in a fictitious name. a. Name of the offended party b. Name of the complainant c. Name of the respondent d. Name of the victim
7.
A complaint or information must charge only one offense, except when the law prescribes a single punishment for various offenses. a. Duplicity of offense c. None of the above b. Double jeopardy d. All of the above
8.
An error of the name of the complainant is not reversible as long as his identity is established and this defect is curable on a. At any time of the proceeding c. None of the above b. During appeal d. All of the above
9.
Duplicity of the chargesis a ground for a. Motion to quash c. Motion for reinvestigation b. Motion for reconsideration d. None of the above
10. Where the information is defective because it is not the proper form the remedy is a motion to quash, if the allegations are vague or indefinite, the accused should move for _____________ a. Bill of particulars c. Motion to quash b. Motion for reinvestigation d. None of the above Arvie Joy O. Arce QUESTION NO. 1 Mr. A was charged of homicide where he pleaded not guilty. During the pre-trial, the prosecution moved for the substitution of the information to charge the accused of murder instead of homicide. The court granted the motion. In the given scenario, which of the following is proper? a. the public prosecutor should file the new information and proceed to trial. b. another preliminary investigation is entailed and the accused has to plead anew to the new information. c. no need for a new preliminary investigation, the accused should only be re-arraigned. d. none of the above. QUESTION NO. 2 Choose the BEST answer a. amendment may involve either formal or substantial changes b. amendment may only involve formal changes c. amendment may only involve substantial changes d. amendment necessarily involves a substitution of new information from the original information. QUESTION NO. 3 Amendment before a plea has been entered can be effected____________ a. without leave of court b. always with leave of court c. with the dismissal of the original information d. a and c e. b and c QUESTION NO. 4 Substitution of Information before a plea has been entered, a. can be effected without leave of court; the accused has not been arraigned b. can be effected without leave of court; it will not cause prejudice to the rights of the accused c. must be with leave of court as the original information has to be dismissed d. must be with leave of court without informing the offended party QUESTION NO. 5
8
1. B 2. A 3. A 4. C 5. C 6. C 7. D 8. A 9. A 10. B
a. b. c. d.
Where amendment is only as to form, what is the proper action another preliminary investigation is essential the accused should be arraigned anew there is no need for another preliminary investigation and the retaking of the plea of the accused no action should be taken
QUESTION NO. 6 To amend the information from frustrated murder to murder because of the supervening death of the victim is.. a. substantial amendment b. substitution of information c. formal amendment QUESTION NO. 7 The arraignment of A, B, C is set on October 30, 2012. On October 05, 2012 upon motion of the prosecutor with notice to the offended party; an amendment excluding B as one of the accused was filed. Rule. a. the amendment excluding B as accused should be granted, the motion being filed before the accused entered their pleas b. the motion should be granted, the offended party was duly notified c. the motion should be denied, the defense should have been given ample time to file its opposition to the motion d. the motion should be denied, any amendment excluding any accused should be made with leave of court QUESTION NO. 8 When the offense proved is less serious than, and is necessarily included in, the offense charged, the defendant shall be convicted of? a. the offense proved b. the offense charged c. the information should be dismissed d. the information should be substituted
QUESTION NO. 9 X is charged of slight physical injuries, but the offense proved is serious physical injuries, the defendant shall be convicted of? a. slight Physical injuries b. serious physical injuries c. less serious physical injuries d. the accused should be acquitted
QUESTION NO. 10 In what instance has double jeopardy did not take place a. During trial, a mistake has been made in charging the accused of slight physical injuries; wherein the change should have been less serious physical injuries b. During trial, a mistake has been made in charging the accused of estafa, when the proper charge should have been theft c. During trial, a mistake has been made in charging the accused of frustrated murder, when the proper charge should have been murder d. During trial, a mistake has been made in charging the accused of light threats, when the charge should have been grave threats Mark Cholo V. Atienza Aedler Jo-Lean Atutubo III 1. What specific offense does rule 111 section 1 prohibits from being instituted separately? a. bouncing checks law (B.P. 22) b. anti-rape law c. Comprehensive dangerous drugs act d. cyber crime law 2. what type of damage does rule 111 section 1 exempts thereof from filing fees? a. Actual damages b. exemplary damages c. nominal damages d. moral damages 3. when a criminal action is instituted, the civil liability arising from such criminal action is? a. deemed instituted unless waived, reserves the right to institute separately or institutes to civil action prior to criminal action b. not deemed instituted and must be manifested in court to be deemed included c. automatically instituted separately as long as it falls under article 32, 33, 34 and 2176 of new civil code d. not deemed instituted unless the private complainant expressly do so through a private prosecutor 4. when does the reservation of the right to institute a separate civil action be made in the criminal proceeding a. 5 days prior to submission of such criminal proceeding for decision b. 10 days after prosecution, finished presenting the evidence c. anytime before the prosecution starts presenting evidence d. it must be manifested with the prosecutor prior to commencement of criminal action 5. waiver of the civil action must be a. implied only b. expressly only c. both express and implied d. none of the above 6. which among the following statement is false? a. filing by the accused of counterclaim, crossclaim, or third party claim is expressly prohibited b. the offended party can accordingly file two separate suits for the same act or omission, namely a criminal case where the civil action es delicto and another civil case for qasi delict
9
1.a 2.a 3.a 4.c 5. b 6. c 7.b 8. b 9. b 10. a
c. in a criminal action against an employee, the offended party needs to reserve a right to file against the employer for secondary liability otherwise the offended party to file an action against the employer d. a civil action is deemed instituted with criminal action unless waived or reserved by the offended party 7. which among the following statement is true? a. an employer may not be held subsidiary liable in any situation, upon conviction of his employee of an offense committed while in the exercise of his job. b. it was held that homicide, frustrated homicide maybe instituted sparately by virtue of article 33, physical injuries such offenses since the civil code used physical injuries as a generic term. c. a bus driver when acquitted of the crime of reckless imprudence automatically erases the civil liability of the bus company arising from culpa contructual d. a complainant who did not reserve her right to institute a separate civil action for damages is not precluded from bringing such action. 8. which among the following damages will the court require to pay the filing fee. a. actual damage b. moral damage c. attorney‟s fees d. rescission‟s damage 9. what rule in the rules of court pertains to the prosecution of civil action a. rule 110 b. rule 111 c. rule 112 d. rule 113 10. what is administrative circular no 12-2000 about? a. “foregoing policy” in the imposition of penalties for BP 22 b. venue restrictions pertaining to BP 22 and transfer of jurisdiction to inferior courts c. new rules on standardization of determination of probable cause for BP 22 cases d. protocol and regulations regarding mediation and alternative dispute resolution of parties in BP 22 cases Michelle Yvonne L. Basa 1.
When is separate civil action suspended? a) After the criminal action has been commenced b) After the criminal action has been filed c.) After the criminal action has been instituted
2.
Does extinction of the penal action carry with it the extinction of the civil action? a) No b) Yes c) Qualified „No‟
3.
Does acquittal in the criminal case bar a civil action where the court declared that the accused‟s liability is not criminal but only civil? a) No b) Yes c) Qualified „Yes‟
4.
Can the court issue auxiliary writs such as Preliminary Injunction or Attachment even if the civil action is suspended? a) Yes b) No c) Qualified „Yes‟ d) Can the complainant unilaterally withdraw his claim for damages where the civil action is deemed implied instituted? a) No b) Yes c) Qualified „No‟
5.
6.
The consolidated criminal and civil actions shall be tried and decided ____________. a) Jointly b) Separately c) Either „A‟ or „B‟
7.
Shall the case be dismissed without prejudice to any civil action if the accused died before arraignment? a) Yes b) No c) Qualified „No‟
8.
It is pre-judicial when it refers to a fact separate and distinct from the offense but intimately connected with it. a) Civil question b) Pre-judicial question c) Independent civil action
9.
Shall the petition to suspend be filed in the same criminal action when criminal action has been filed in court, at anytime, for trial before the prosecution rests? a. Yes b. No c. Qualified „Yes‟
10. May a civil action proceeds independently of the criminal action regardless of the latter‟s result?
10
1. A 2. A 3. A 4. A 5. A 6. A 7. A 8. A 9. A 10. A
a) b) c)
Yes No Qualified „Yes‟
Shekinah Mikeah J. Bangsil 1.
The elements of a prejudicial question are: a. b. c. d.
2.
A civil question is pre-judicial when.. a. b. c. d.
3.
a.
Is prejudicial to the criminal action, because the annulment on that ground would establish that his act in contracting the second marriage was involuntary, hence no criminal liability would attach
b. c.
Is not prejudicial to the criminal action Is prejudicial to the criminal action, because the annulment on that ground would establish that his act in contracting the second marriage was involuntary, hence the criminal liability would still be in question Is prejudicial to the criminal action
In a prosecution for bigamy brought by the first wife against the husband, the fact that the second wife thereafter brought an action to annul said second marriage on the ground of intimidation employed by the accused against her.. a. b. c. d.
8.
It does not constitute a prejudicial civil question It constitutes a prejudicial civil question It does not constitute a prejudicial civil question, because the annulment doesn‟t erase the fact that the 2 nd marriage was contracted It constitutes a prejudicial civil question, because the case of bigamy cannot be proven without the decision made in the annulment case with the 2nd wife
When there is an absence of a civil action, does the doctrine of the prejudicial question apply where there is an administrative action and a criminal action? a. b. c. d.
9.
Both B & C Means exoneration from administrative charges Carry heavy weight in the decision of the administrative case None of the above
In a case where the husband was charged with bigamy by the second wide, a civil action brought by husband against the second wife for the annulment of the marriage on the ground that he was forced to contract said subsequent marriage..
d. 7.
All cases Administrative and criminal cases only Civil and criminal cases only None of the above
Acquittal in a criminal case.. a. b. c. d.
6.
May now be filed and resolved in the investigation May now be filed and resolved in the preliminary investigation Can be entertained, however this was overruled by current jurisprudence Cannot be entertained
The rules in determining and solving a prejudicial question apply to.. a. b. c. d.
5.
It refers to a fact separate and distinct from the offense but intimately connected with it, which question determines the guilt or innocence of the accused It refers to a fact intimately connected to the offense, which question determines the guilt or innocence of the accused It refers to a fact that arises in the civil case, which question determines the guilt or innocence of the accused None of the above
A petition for suspension by reason of a prejudicial civil action.. a. b. c. d.
4.
(a) The civil action involves an issue exactly related to the issue raised in the subsequent criminal action and (b) the resolution of such issue determines whether or not the criminal action may proceed (a) The previously instituted civil action involves an issue precisely related to the issue raised in the subsequent criminal action and (b) the resolution of such issue determines whether or not the criminal action may proceed (a) The previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action and (b) the resolution of such issue determines whether or not the criminal action may proceed (a) The civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action and (b) the resolution of such issue determines whether or not the criminal action may proceed
It applies because it doesn‟t matter if there is a civil action or not The doctrine applies as long as there are two cases with issues similar or related that have to be resolved It does not apply because a civil action has to exist It applies now because of previously set precedent
Where an administrative case was filed against policemen with the POLCOM and said policemen thereafter filed for a civil action for damages against the complainant on alleged harassment by reason of the filing of the administrative charges.. a. b.
There is no prejudicial question involved There is a prejudicial question involved
11
1. C 2. A 3. B 4. C 5. D 6. A 7. C 8. C 9. D 10. D
c. d.
There is no prejudicial question involved, but because of previous jurisprudence, there is a prejudicial question involved. There is no prejudicial question involved since there is no criminal, but only administrative action
10. The prescriptive period of filing of the petition for suspension is suspended when.. a. b. c. d.
All of the above By filing a complaint in the judge‟s office By filing a complaint in the opposing counsel‟s office By filing a complaint in the fiscal‟s office Agustin Aristeo F. Bautista
1. Preliminary Investigation is: A. Not part of the due process clause of the Constitution. B. Is purely statutory. C. If law provides PI, denial thereof is denial of due process. a. A & B b. B & C c. A, B, & C d. None of the Above 2. True or False A. P.I. is a personal right B. P.I. may be waived expressly C. P.I. may not be waived impliedly a. A is True, B is True, and C is False b. A is False, B is False, ans C is True c. A, B, and C are True d. A, B, and C are False 3. Any objection to the lack of PI must be made: a. Before Pre-trial b. Before Trial c. Before Entry to the Plea 4. If the respondent was charged with a particular offense but after PI the prosecutor believes that he should raise the offense, he is required to conduct a new PI. a. False b. Somewhat False c. True d. Somewhat True 5. The ff. are the Officers authorized to conduct PI: A. Provincial or City Prosecutors and their assistants B. National & Regional State Prosecutors C. MTC Judges D. Other officers as may be authorized by law a. A & B only b. A, B, and C only c. A, B and D only d. A, B, C, and D only 6. Office of the Solicitor General is not authorized to represent any public official: A. In a criminal offense B. In a civil suit for damages arising from a criminal offense. a. A only b. A and B c. A or B d. B only 7. Rule 112.3 provides; Within 10 days after filing of the complaint, the investigating officer shall either dismiss it if he finds no ground to continue with the investigation, or: A. Issue a subpoena to the complainant B. Issue a subpoena to the respondent C. Issue subpoenas to the respondent and witnesses D. Issue subpoenas to the litigants 8. If there are facts and issues to be clarified from a party or a witness, the investigating officer may set a hearing. a. True. The parties can be present at the hearing without the right to examine or cross-examine. b. False. The parties can be present at the hearing without the right to examine or cross-examine. c. True. The parties can be present at the hearing with the right to examine or cross-examine. d. False. The parties can be present at the hearing without the right to examine or cross-examine.
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1. C 2. A 3. C 4. C 5.C 6. C 7. B 8. A 9. B 10. A
9. If the investigating prosecutor finds _____ to hold the respondent for trial, he shall prepare the ______ and information....that there is a reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof. a. reason, file b. cause, resolution c. cause, file d. reason, resolution 10. Complaint or information may be filed or dismissed by an investigating prosecutor: A. with the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy. B. without the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy. a. A is correct b. B is correct d. A and B is correct e. None of the above. Noel Allan R. Bose
1. C 2. A 3. D 4. B 5. A 6. C 7. A
1. Arrest is done by any of the following, EXCEPT: a. Actual restraint of a person to be arrested b. Voluntary submission to the custody of the person making the arrest c. Service of arrest warrant d. None of the above 2. The following is true about the nature of a preliminary investigation, EXCEPT: a. Trial on the merits b. Merely inquisitorial c. Does not place the accused on double jeopardy d. May be waived 3. When is a warrant of arrest NOT neccesary? a. When the accused is already in detention issued by the MTC b. When the accused was arrested by virtue of a lawful arrest without warrant c. When the penalty is of a fine only d. None of the above 4.
For purposes of arrest, within how many days from the filing of the information should the RTC judge personally evaluate the resolution of the prosecutor and its supporting evidence?
a. 15 days b. 10 days c. 20 days d. 30 days 5.
Upon finding of the probable cause by the RTC judge, what should he issue if the accused has already been arrested pursuant to a warrant issued by the MTC judge? a. Commitment order b. Warrant of arrest c. Both A and B d. None of the above 6.
In case of doubt as to the existence of probable cause, within how many days should the RTC judge order the prosecutor to present additional evidence, and within how many days should the court resolve the issue from the filing of the complaint, respectively? a. 5 and 15 days b. 10 and 20 days c. 5 and 30 days d. 15 and 30 days 7. The following are true about a record of the preliminary investigation, EXCEPT: a. The record shall form part of the case records in the RTC b. The court cannot be compelled to take judicial notice thereof c. The record must be introduced as evidence to form part of the case records d. None of the above. Anna Liza M. Burce 1. Who can issue warrants of arrest? a. Judges or State Prosecutors or any person authorized by law. b. Judicial Officers or any person duly authorized by law. c. Judicial Officers or Provincial Prosecutors. d. Judges or Mayors or State Attorneys. 2.
It is the taking of a person in custody in order that he may be bound to answer for the commission of an offense. a. Inquest or Preliminary Investigation. b. Custodial Investigation c. Arrest d. Interrogation
3.
The following may be confiscated from the person arrested, except: a. Objects subject of the offense or used or intended to be used in the commission of a crime. b. Those which might be used by the arrested person or by the Police Officers.
13
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
B C B C D C A A C C
c. d.
Objects which are the fruits of the crime. Dangerous weapons and those which may be used as evidence in the case.
4.
A peace officer or a private person may, without a warrant, arrest a person when: a. In his presence, the person to be arrested has committed, is actually committing or is not attempting to commit an offense. (in flagrante delicto) b. An offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that that the person to be arrested has not committed it. (hot pursuit) c. The person to be arrested is an escaped prisoner. d. All of the above.
5.
Which of the following also constitutes a valid arrest without a warrant? a. Where a person who has lawfully arrested escapes or is rescued. b. By the bondsmen for the purpose of surrendering the accused. c. Where the accused attempts to leave the country without permission of the court. d. All of the above. e. Only A & C.
6.
An arrest upon mere suspicion is not allowed, except: a. When it must be engendered by good faith. b. When it must be engendered by reasonable ground. c. When it must be engendered by good faith and by reasonable ground. d. None of the above, an arrest upon mere suspicion is never allowed.
7.
Is the right to counsel during the custodial investigation can be waived? a. Yes, provided that the waiver is made intelligently and voluntarily with full understanding of the consequences and with the assistance of counsel. b. No, the right to counsel can never be waived for it is a constitutional right and is very detrimental to the accused if waived. c. Yes, because that right is not absolute, provided that the waiver is given voluntarily. d. No, a person can only waive that right during trial or when in front of the judge.
8.
A person was arrested on a Saturday night at around 11 o‟clock in the evening. The mother of the accused requested for a lawyer to confer with the accused, but the police officers told the lawyer that he cannot talk to the accused. Are the police officers correct? a. No, any member of the Philippine Bar, at the request of the person arrested or of another acting in his behalf, have the right to visit and confer privately with the accused in the jail or any other place of custody at any hour of the day. b. Yes, it is Saturday and at around 11 o‟clock in the evening where almost all the offices including the courts are closed. c. Yes, it is not the accused who requested for the presence of the lawyer but only his mother. d. No, any lawyer can represent the accused, with or without the permission of the arrested person, for it is a right given by the constitution that must be complied with, and if the accused cannot avail of the services of a lawyer, the government must provide him with one.
9.
It is the questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom in any significant manner. It begins when there is no longer a general inquiry into an unsolved crime but starts to focus on a particular person as a suspect. a. Arrest b. Inquest or Preliminary Investigation c. Custodial Examination d. Interrogation
10. A person was arrested, and upon the request of the accused, the Mayor, who is a lawyer and a friend of the accused, assisted him during custodial examination. Is the Mayor of the municipal where the accused was arrested qualified to assist the accused? a. No, the Mayor cannot be an independent and competent counsel qualified to assist him especially because it is conducted by the police authorities of his municipality. b. No, his duties are inconsistent with those of his responsibilities to the suspect whom he seeks to assist. c. All of the above. d. None of the above. Rochelle S. Cabalfin 1.)
What is the Distinction of a Bail Bond to Recognizance? a.) A Bail Bond, is an obligation under seal given by the accused with the condition to be void performance of the act as he may be required to perform whereas In Recognizance, it is an obligation of record with the condition to do some act usually, it is the appearance of the accused for trial. b.) A Bail Bond, is intended for provisional liberty when the accused has been acquired by authorities whereas Recognizance, requires the release of accused even without bail upon the decreed by the court. c.) A Bail Bond does not require the signature of the accused for its validity and it must be authorized only by the law. whereas Recognizance requires the necessity of the signature for its validity d.) None of the Above.
2.)
A Bail is intended to obtain____________ of the accused and the same cannot be posted before the custody of the accused has been required by the judicial authorities through his arrest or voluntary surrender. a.) Provisional Remedy b.) Provisional Liberty c.) Pendency of Trial d.) None of the above.
3.)
A Prosecution witness may also be required to post bail to ensure their appearance at the trial of the case under the following circumstances: a.) If there is no substitution of information and the court requires the appearance of the witness at the trial.
14
1.) A. 2.) B. 3.) B. 4.) C. 5.) C. 6.) D. 7.) C. 8.) D. 9.) C. 10.)A.
b.) c.) d.)
If there is a substitution of information and the court believes that a material witness may not appear at the trial. Statement A and B are correct None of the above.
4.)
What is provided for Bailable cases under the provisions of Sec.13 Art III of the 1987 Constitution: a.) That the accused shall be admitted to bail before final conviction b.) Upon Voluntary Surrender. c.) That the accused shall be admitted to bail before conviction and not before final conviction. d.) His appearance is necessitated by the circumstances.
5.)
Under the obligations assumed by the accused in his bail bond, he holds himself amenable at all times to orders and processes of the court. Which of the following statement is incorrect: a.) Accused may be prohibited from leaving the country during the pendency of his case. b.) A “hold departure” order may be issued, but only by the Regional Trial Court within their exclusive jurisdiction c.) A “hold departure” order is in violation of the constitutional rights of the accused – The right to travel. d.) His absence will be deemed an express waiver of his right to be present and the court shall proceed with the case as if the accused is present.
6.) When is a Bail a matter of right and When it is matter of discretion: a.) In MTC, it is a matter of right before or after conviction regardless of the offense. In RTC , it is a matter of right upon conviction for offenses punishable by death, reclusion perpetua... in which case it is discretionary. b.)
In MTC, it is a matter of right after conviction In RTC, it is a matter of right before conviction
c.)
It is always discretionary on the part of the court.
d.)
In MTC, It is a matter of right before or after conviction regardless of the offense In RTC , it is a matter of right before conviction except for offenses punishable by death, reclusion perpetua and in which case it is discretionary.
7.)When can the prosecution move for the cancellation or denial of bail of the accused : a.) The prosecution can move for denial or cancellation even without notice to the accused. b.) If the penalty imposed by trial court is imprisonment of less than 6 years and without notice to the accused upon the (5) circumstances provided for by the law under sec. 5 of rule 114. c.) If the penalty imposed by the trial court is imprisonment greater than 6 years and with notice to the accused upon the (5) circumstances provided for by the law under sec. 5 of rule 114. d.) All of the above. 8.)Which of the following are not included to the conditions imposed to a bail: a.) That the accused shall appear before the proper court whenever required b.) That the bondsman shall surrender the accused to the court for execution of the final judgment c.) That failure of the accused to appear at the trial without valid justification and due notice shall be deemed waiver of his rights , In such case trial in absentia may proceed. d.) That Bail may be granted only if it is filed in the court where the case is pending. 9.) Under Sec. 3 of Rule 114 which of the following statement is incorrect: a.) No person under detention by legal process shall be released or transferred except upon order of the court or when he is admitted to bail. b.) That since the accused is placed under legal detention or admitted to bail, he may accordingly released upon lawful order based upon a justifiable ground. c.) That the Courts are now restricted with the duty to see to it that no detainee shall be released or transferred except upon lawful order by the court. d.) That the Courts are now charged with the duty to see to it that no detainee shall be released or transferred except upon lawful order. 10.) What should the court do, if there is likelihood that the accused would jump bail: a.) Increase the amount of bail Required periodic report of the accused Warn the accused that the trial may proceed in absentia. b.) The court shall order the bondsman to surrender the accused to the court for execution of final judgement. c.) The Court must Prevent him from posting bail and proceed In trial in absentia. d.) Statement A and B are correct.
Rachel Lou T. Chan 1)
2)
3)
After conviction by RTC imposing a penalty of imprisonment which does not exceed 6 years, bail is a matter of a) Right b) Discretion c) both d) None When accused is charged with capital offense or offense punishable by reclusion perpetua and evidence of guilt is strong, bail may be allowed a) True b) False c) Maybe d) None Before conviction by RTC whether in the exercise of original or appellate jurisdiction, bail is a matter of
15
1. B 2. B 3. A 4. B 5. B 6. B 7. B 8. B 9. B 10. A
a) Right b) Discretion c) Both d) None 4) The _____ has burden of showing that evidence of guilt is strong a) Defense b) Prosecution c) Judge d) Counsel de officio 5) Which is not a factor of granting bail a) Financial ability of accused b) Educational background c) Character and reputation of accused d) Age and health of accused 6) No bail shall be approved unless the surety is a) Verified b) Qualified c) Notarized d) All 7) Petition for bail is a a) Court hearing b) Summary proceeding c) Arraignment d) None 8) Who has the right to control the quantum of evidence and order of presentation of witnesses during hearing of bailability of the accused a) Defense b) Prosecution c) Judge d) None 9) Guidelines on bail is based on which doctrine a) Dura lex sed lex b) Constitutional principle c) JBC d) None 10) A corporation may provide bail by a bond subscribed jointly by accused and and officer of corporation duly authorized by its boarf a) True b) False c) Maybe d) None Rose Ann T. Cuadra 1. What is recognizance? a. It is an obligation of record, entered into before a court or magistrate duly authorized to take it, with the condition to do some particular act, the most usual condition in criminal cases being the appearance of the accused for trial b. It is the security given for the release of a person in custody of the law, furnished by him guarantee his appearance before any court as required.
or a bondsman, to
c. It is an offense which, under the law existing at the time of its commission and of the admission to bail, may be punished with death. d. 8.
Before conviction, regardless of the offense After conviction, regardless of the offense Before or after conviction, regardless of the offense None of the above
It is an offense which, under the law existing at the of its commission and of the application for admission to bail may be punished with death. a. b. c.
4.
None of the above
In MTC, when bail is a matter of right and when is it a matter of discretion? a. b. c. d.
3.
application for
Bail Bail bond Capital offense
In the forfeiture of bail, If the accused fails to appear in person as required, his bail shall be declared _______________.
a. Forfeited and the bondsmen given thirty (30) days within which to produce their principal and to show cause why no judgment should be rendered against them for the amount of their bail. b. Forfeited and the bondsmen given fourty (40) days within which to produce their principal and to show cause why no judgment should be rendered against them for the amount of their bail. c. Forfeited and the bondsmen given sixty (60) days within which to produce their principal and to show cause why no judgment should be rendered against them for the amount of their bail. d.
None of the above
16
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
A C C A C D B B A A
5.
Within the said period, in the forfeiture of bail, the bondsmen must: a. b. c. d.
6.
Produce the body of their principal or give the reason for his non-production Explain why the accused did not appear before the court when first required to do so a and b None of the above
The prosecution may move for denial or cancellation of the bail of the accused, with notice to the accused, upon showing of the following circumstances, except:
a. When he is found to have previously escaped from legal confinement, evaded sentence, or jumped bail; b. When he commits the offense while on parole or under conditional pardon c. When the accused has previously been pardoned by the municipal or city mayor for violation of municipal or city ordinances for at least two times d. When the offense charged is a violation of an ordinance, a light felony or a criminal offense the imposable penalty wherefore does not exceed 6months imprisonment and or P2,000 fine. 7.
In RTC, when bail is a matter of right? a. b.
After conviction regardless of the offense Before conviction, except for offenses punishable by death, reclusion perpetua, or life sentence and the evidence of guilt is
c. d.
Before or after conviction regardless of the offense Before conviction regardless of the offense
strong
8.
A judge who grants bail to an accused who is charged with a capital offense without the requisite notice to the prosecutor and a hearing on the application for bail shall be _____________. a. civilly liable b. administratively liable c. criminally liable d. none of the above
9.
When is a bail hearing necessary? a. b. c. d.
When bail is a matter of discretion When bail is a matter of right When it is a capital offense None of the above
10. The bail should be filed with the court where: a. b. c. d.
The case is pending In the RTC In the MTC All of the above Joven Jose T. Del Castillo
1.
The presence of the accused is required only at certain circumstances, which is not? A. B. C. D.
2.
When is the accused exempted in appearing in the prosecution of judgment? A. B. C. D.
3.
When the accused is sick. When the conviction is for a light offense in which case of judgment may be pronounced in the presence of his counsel or representative. When there is a need for the accused to be with his family. When the accused is appearing for final judgment.
The right of confrontation main purpose is:( choose the best answer.) A. B. C. D.
4.
At the arraignment and is indispensable at said stages. At the promulgation of judgment. When ordered by the court for the purpose of identification. At the filing of his or her appeal.
To secure the opportunity of cross-examination and the secondary purpose is to enable the judge to observe the demeanor of witnesses. To let the witness express his right. To know when the accused is telling the truth. To enable the judge hear the point of view of the witness and accused.
Which statement is not true? A. B. C. D.
The presence of the accused is not only a right, but also a duty. He has the right to be present and or represented by his counsel at every stage of the trial. It is acquired that counsel for the accused be present at the promulgation of judgment of conviction in order that such promulgation will be valid. Trial may proceed not withstanding the absence of the accused provides that hi has been duly notified and his failure to appear unjustified.
17
1. D 2. B 3. A 4. C 5. A 6. C 7. A 8. C 9. A 10. D
E. 5.
6.
Which statement is true? A. An accused charged with simple theft cannot be validly convicted under the P.D 133 which imposes a high penalty. B. An accused can be convicted by multiple crime of rape alleged in the complainant even if the evidence proves his commission of single rape of the same victim. C.
Only of simple rape if there is qualifying circumstances specific to such crime is alleged in the complainant.
D.
Accused was convicted by one crime of rape committed on his daughter on the basis of two complaints alleging that on two separate occasion, the accused did criminally “sexual abuse” the victim.
Right of the accused at the trial, in all criminal prosecution, the accused shall be entitled of the following rights, which is not. A. B. C. D. E.
7.
B. C. D.
C. D.
The court shall exercise supervision over allperson in custody for the purpose of eliminating unnecessary detention. The executive judge of the regional trial court shall conduct monthly personal inspections provincial city and municipal jail and the prisoners within their respective jurisdiction. They shall not ascertain the number of detainee. Inquire on their proper accommodation and health, and examine the condition of the jail facilities.
Exemption on bail, which is not. A. B. C.
10.
The accused cannot waive his presence at the trial pursuant to the stipulation set forth in his bail, unless his presence specifically ordered by court for purpose of identification. The absence of the accused without justifiable cause at the trial of which he had notice shall be considered a waiver of his right to his present thereat. When an accused under custody escapes he shall be deemed to have waived his right to be present of all subsequent trial dates until custody over him is regained Upon motion, the accused may allowed to defend himself in person when it sufficiency appear to the court that he can be properly protect his right without the assistance of counsel.
In court supervision of detainees, which is not true? A. B.
9.
To be presumed innocent until the contrary is proved beyond reasonable doubt. To be informed of the nature and cause of the accusation against him. To be not exempt from being compelled to be a witness against himself. To have speedy, impartial and public trial To appeal in all cases allowed and in the manner prescribed by law.
“To be present and defend in person and by counsel at every stage of the proceeding, from arraignment to promulgation of the judgment,” which is not true? A.
8.
Such trial in absentia may be validly conducted only of the accused has been arraigned.
No bail shall be granted after judgment of the case has become final even of the continued confinement of the victim would be detrimental or dangerous to his health. The remedy would be to submit the accused to medical treatment or hospitalization. in the case of an applicant for probation is justified by the fact that a post-sentence investigation report submitted not later than 60 days after receipt of the order of the court w/c still has to resolve the application within 15days thereafter.
To be informed of the nature and cause of the accusation, which is not? A. B. C.
The right is safeguarded by the provision on preliminary investigation, arraignment requirement for sufficient allegation in the information. The rule that the accused cannot be convict of an offense not charge on included in the information based upon his right. an Information for falsification with allegation of conspiracy, which imputes act of falsification upon one of the accused. D. None of the above Maria Perpetua Danisa B. Del Rosario
1.
There is deprivation of the right to counsel in which of the following case, except – a. The representation of a litigant by a person who misrepresented himself as a lawyer. b. The trial and conviction of a deaf-mute without the services of an expert on sign language at any stage of the proceedings. c. Interrogation of the accused during custodial investigation without the assistance of a counsel. d. Identification of the accused during police line-up without assistance of a counsel.
2.
The following statements are true, except a. The accused may be cross-examinedonly on matters covered by his direct examination. b. The accused may be cross-examined as to matters connected with his direct examination. c. An ordinary witness can be cross-examined as to any matter stated in the direct examination. d. An ordinary witness can be cross-examined as to any matter connected in the direct examination.
3.
The right against self-incrimination may be invoked – a. By the accused, even before the incriminating question is asked in civil cases b. By the witness, even before the incriminating question is asked in civil cases c. By the accused, even before the incriminating question is asked in criminal cases d. By the witness, even before the incriminating question is asked in criminal cases
4.
Which of the following statements is not true – a. The right against self-incrimination can be invoked by individuals and in favor of a corporation which is a party to the case. b. The right against self-incrimination is granted only favor of individuals.
18
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
D B C A D B A D C D
c. d.
The right against self-incrimination cannot be invoked in favor of a corporation which is a party to the case. None of the above.
5.
The privilege against self-incrimination covers – a. Written communication only b. Oral communication only c. Physical or real evidence d. None of the above
6.
The following statements are true, except – a. Purely mechanical acts are not included in the privilege against self-incrimination. b. If the accused takes the witness stand and specifically denies that a certain writing is his, he cannot be compelled to give specimens of his handwriting. c. The right against self-incrimination embraces not only oral but also written communication. d. An ordinary witness can object only when the incriminating queystion is asked.
7.
Which of the following is not a violation of the privilege against self-incrimination – a. A woman charged with adultery compelled to submit to physical examination to determine her pregnancy. b. Compelling a witness in a preliminary investigation to give a specimen of his handwriting. c. To seize or compel the production of man‟s private papers not connected or relevant with the reported crime under which a search warrant was previously issued, to be used as evidence against him. d. Forced re-enactments of the crime, like uncounselled and coerced confessions.
8.
The following are considered purely mechanical acts, except a. Forcing an accused to remove his shoes for the purpose of comparing them with the tracks. b. Compelling the accused to submit to physical examination and have a substance taken from his body for medical determination as to whether he was suffering from gonorrhoea which was contracted by his victim. c. Accused was forced to discharge morphine from his mouth and used as evidence against him. d. Compelling a witness in a preliminary investigation to give a specimen of his handwriting.
9.
Which of the following rights of the accused may be waived – a. Right of confrontation and cross-examination of opposing witnesses. b. Right against self-incrimination. c. Both A & B d. None of the above
10. There is violation of the right to speedy trial in which of the following case – a. Delay is due to the failure of the stenographer to complete and submit the transcript of the notes taken at the trial. b. The re-filing of a case more than seven years later in which the accused previously agreed to several postponements and eventually gave his consent to the dismissal of the case without prejudice. c. The accused having not been arraigned, upon the denial of his motion to quash, he sought the relief in the Supreme Court challenging the jurisdiction of the military commission. d. The accused was charged as a mere accessory in a robbery case and more than ten years elapsed since the case was submitted for decision. Elaine A. Gener
1. What right of the accused that he may waive expressly or impliedly. But this right is automatic and mandatory when the accused is imposed with death penalty? a. Right to Speedy Disposition b. .Right to Appeal c. Right to be presumed innocent until proven guilty d. Right to self-incrimination 2. Which of the ff statements is false: A. an unconditional plea of guilt by he accused admits the crime and all attendant circumstances in the information B. where the information does not charge an offense, any conviction there under being void C. Only conclusions, and not facts of law alleged in the information are admitted by plea of guilty a. Only A b. Only B c. .Only C d. All are true 3. The exercise of such discretion may take into account the gravity of the offense and the probability that the accused did not fully understand his plea but not be used to prevent the disclosure of mitigating circumstances a. Discretionary power conduct P.I b. .Discretionary plea of guilty to non-capital offense, reception of evidence c. Discretionary plea of guilty to capital offense, reception of evidence d. Discretionary plea of guilty to non-capital offense 4. Mike was an accused charged as an accessory in a robbery case and a lapsed of 10 years since the case was submitted for decision but no action was rendered by the trial court. What right of the accused can be invoked by Mike? a. .Right to Speedy Disposition b. Right to Appeal c. Right to be presumed innocent until proven guilty d. Right to self-incrimination
5. Jason, an accused charged with murder, offered to plead guilty if the penalty would be diesterro, thus converting the killing punishable by Art. 248
19
1. B 2. C 3. B 4. A 5. B 6. B 7. B 8. B 9. C 10. B
of the RPC to one punishable under Art .247; Jason pleaded a. Unconditional plea b. .Conditional plea c. Prayer for lesser offense d. A plea of not guilty 6. A plea of not guilty should not be entered when; a. where the accused so pleaded b. .when he enters an unconditional plea of guilt c. when the plea is indefinite d. when the plea is ambiguous 7. Ordinarily, a plea bargaining is made during what stage of criminal procedure? a. Trial stage b. . Pre-trial c. Filling of information d. Judgement 8. For a plea of guilty to a lesser offense, the consent of ff except one must be obtained; a. prosecutor b. .accused c. offended party d. the court 9. This is the implementation of the constitutional right to be informed of the charge, it is the duty of the court and the counsel assisting the accused that the accused comprehends the charges a. Arraignment b. Plea c. .Arraignment and Plea d. All of the above 10. Benette committed a crime of murder and rebellion in furtherance of rebellion, his plea of guilt will warrant him to conviction of what crime? a. Murder b. .Rebellion c. Muder and Rebellion d. He will be acquitted Enrique Dan C. Generoso III 1. A bill of particulars operates principally on what constitutional right? a. The right of presumption of innocence b. The right to compulsory process c. The right to be informed of the nature and cause of accusation against him. d. The right to speedy, impartial, public trial 2. Which of these is not a ground for the suspension of arraignment? a. Failure of the accused to appear during arraignment b. There exists a prejudicial question c. A petition for review of the resolution of the prosecutor is pending at either the DOJ or Office if the President d. The accused is suffering from an unsound mental condition, renders him unable to understand the charge and plea thereto 3. A motion to quash can be filed and entertained at any stage of the proceeding except: a. The complaint or information does not charge an offense b. The court has no jurisdiction over the offense charged c. The offense or penalty has been extinguished d. That the officer who filed the information had no authority to do so. 4. When can an improvident plea of guilt CANNOT be withdrawn? a. After arraignment b. After the prosecution has rested c. Before the judgment has been promulgated d. After the judgment becomes final. 5. The following are contained in a motion to quash except: a. Signature of the prosecutor. b. Signature by the accused and counsel c. Factual grounds d. Legal grounds 6. Failure to move to quash or allege any ground thereof is tantamount to: a. Miscarriage of justice b. Re-trial c. Waiver of objection of the grounds therein. d. Waiver to proffer of evidence 7. A counsel de officio maybe provided for the accused under the following considerations, except: a. If the accused is charged with a grave offense b. If the accused cannot afford one c. If there are difficult questions of law d. If there is a disagreement between the accused and his counsel.
20
1. C 2. A 3. D 4. D 5. A 6. C 7. D 8. B 9. A 10. B
8. On what consideration the court allows the production or inspection of material evidence in possession of the prosecution for the accused? a. To satisfy sheer curiosity b. To prevent surprise, suppression, or alteration. c. To relieve the court of liability on its part d. To validate the merits of the case 9. Would a motion to quash prosper if there are defects in the information? a. Yes. If the allegations do not constitute an offense b. Yes. If the it can be cured by amendment c. Yes. If it is not in prescribed form d. Yes. If it is not filed on time 10. Qualities preferred to be counsel de officios are the following except: a. Experienced b. Suspended from practice c. Members of the bar in good standing d. Has the ability to competently defend the accused Sonny C. Gianan II 1. If motion to quash is based on alleged defect in the complaint or information which is curable, the court shall; a. b. c. d.
Order the amendment be made Order for the dismissal of the information or complaint Order for filing the same complaint or information None of the above
2. If the prosecution fails to make amendment despite the opportunity granted by the court or if despite the amendment, the complaint or information still suffers from the same defect, the court shall; a. b. c. d.
Order for another amendment to be made Grant the motion to quash information or complaint Order for the dismissal of the information or complaint All of the above
3. An order denying the motion to quash is; a. b. c. d.
Controllable by mandamus in another court of coordinate rank Can be subject for petition for certiorari Interlocutory and not appealable None of the above
4. An order sustaining motion to quash is not a bar to another prosecution for same offense unless the ground relied upon is the following, except; a. b. c. d.
Non-conformity to the prescribed form Extinction of criminal liability Double Jeopardy None of the above
5. If the order to file another complaint or information is made, the accused who may be in custody, shall not be discharged or released, except if he is admitted to bail. a. b. c. d.
The statement is FALSE. The statement is TRUE The statement is sometimes FALSEand sometimes TRUE None of the above
6. If no order to file is made or if such order is made but no new complaint or information is filed within the time specified in the order, the accused; a. b. c. d.
If not in custody, shall be admitted to bail If in custody, shall not be discharged If in custody, shall be discharged None of the above
7. Where a motion to quash on ground of prescription is granted and case is dismissed, the trial court; a. b. c. d.
Can revise case since it is discretionary on their part Cannot revise case as prescription is ground for total extinction of criminal liability Cannot revise case as it would result to double jeopardy None of the above
8. The issue of double jeopardy arises when; a. b. c. d.
The accused is charged with the same offense in two separate pending cases The accused is prosecuted anew for the same offense after he had been convicted or acquitted thereof The prosecution appeals from a judgment in the same case All of the above
9. In order that double jeopardy can exist, it is necessary that in the first case;
21
1. A 2. B 3. C 4. A 5. B 6. C 7. B 8. D 9. C 10. A
1. 2. 3. 4.
The complaint or information or other formal charge was sufficient in form and substance; The court had jurisdiction; The accused had been arraigned and had pleaded; He was convicted or acquitted or the case was dismissed without his express consent
Which statement is correct? a. Both 1 and 2 only b. Both 3 and 4 only c. All of the options provided d. None of the options provided 10. Motion to quash on the ground of double jeopardy is proper even the other case is still pending. a. b. c. d.
The statement is TRUE The statement is FALSE The statement is sometimes TRUE and sometimes FALSE None of the above Primabelle S. Gobantes
1.
Where the records of a case on appeal were lost and reconstitution is impossible, can an action be refilled? a. b. c. d.
2.
Double jeopardy will apply except: a. b. c. d.
3.
Yes, because the case might be decided upon by the same judge for having the same offense No, because it is his fault not to object to the dismissal of the case Yes, because his silence or failure to object is not an “express consent.” No, because this is a new case, though of the same offense
The following are decisional rules on the elements of double jeopardy, except: a. b. c. d.
5.
If the trial was conducted by a court- martial which has jurisdiction over the offense If the information in the first case did not charge an offense. If the court acquitted the accused believing that the ground was insufficient to sustain a conviction, when in fact, it is If the accused was charged for two offenses and in which he was arraigned in both
Will double jeopardy apply if an accused failed to object to the dismissal of the case, and another prosecution for the same offense was charged? a. b. c. d.
4.
Yes, as there has been no previous acquittal of conviction, thus double jeopardy does not apply. Yes, provided that a waiver against double jeopardy is signed No, this is in violation against double jeopardy No, the case is barred by res judicata
Conviction of a competent jurisdiction The accused has been arraigned and he has entered his plea to the charge There is a prior conviction, acquittal, dismissal or termination of the case There is a delay in the judgment of the case.
It will be a violation of the rule on double jeopardy if a. b. c. d.
The case is dismissed or terminated with express consent of the accused The case was dismissed “provisionally” The case was dismissed “without prejudice” Even with the express consent of the accused, the case was dismissed which is equivalent to an acquittal.
6.
Is there a double jeopardy if the case is dismissed upon express application of the accused? a. No, because his application might not be approved by the judge b. Yes, because it is the accused who expressly applied for dismissal of the case c. No, this constitutes a waiver of his constitutional prerogative against double jeopardy. d. Yes, because there will be another case filed against him with the same ground
7.
To determine whether two offenses charged are identical, there must be: a. Common elements of a crime b. Common facts alleged in the first one, if proven, would suffice to support the second charge, and vice-versa. c. Consummation of the crime d. An arraignment and enter of plea for both offenses charged against the accused
8.
Double jeopardy constitutes: a. A valid prior acquittal. b. An appeal to the higher courts c. A hearing and presentation of evidence d. A valid evidence presented during hearing.
9.
Is there Double jeopardy constitutes: a. An appeal to the higher courts b. A valid prior acquittal.
22
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
A B. C. D D C B A B C
c. d.
A hearing and presentation of evidence A valid evidence presented during hearing\
10. Is there a double jeopardy if a conviction was rendered by a military tribunal, even if the civil courts are open and functioning? a. Yes, military tribunal is also a court b. No, if the person accused is not a soldier or from military c. No, any decision by such body is null and void for lack of jurisdiction on the part of the military tribunal concerned. d. Yes, the conviction is applicable to all courts Jane Hazel M. Guiriba 1.
Conviction for theft of rifle is _______ to the prosecution for illegal possession of said rifle. a. A bar b. Not a bar c. Generally not a bar but there is an exception
2.
Conviction for illegal possession firearms is ___________to a prosecution for brigandage. a. A bar b. Not a bar c. Generally not a bar but there is an exception
3.
R.A. 8294 __________ the penalty for illegal possession of firearms provided that no other crime was committed by the person arrested. a. Decreased b. Did not change c. Increased
4.
If a separate unlicensed firearms is used in the commission of any crime, there _____________ a. Can be no separate offense of a simple possession of firearms. b. Can be a separate offense of a simple possession of firearms. c. Can be a separate offense of a complex possession of firearms
5.
The following are instances wherein another prosecution for n offense which necessarily includes the offense charged in the former complaint will not constitute double jeopardy except: a. Where the graver offense developed due to facts which supervened after or arose from the same act or omission constituting the former charge b. Where the fats constituting the graver charge became known or were discovered only after the former complaint or information was filed. c. Where the plea of guilty was made with the consent of the offended party and the prosecutor.
6.
The acquittal of the accused by the municipal court of the charge of slight physical injuries through reckless imprudence constitutes ________ to a prosecution in the Regional Trial court for damage to property arising from the same incident. a. A bar b. Not a bar c. Generally not a bar but there is an exception
7.
A prosecution for and acquittal from the violation of R.A. 3060 is _______to another prosecution under Art. 201 (3) of the RPC even if it arose from the incident since there is no identity of the offense. a. A bar b. Not a bar c. Generally not a bar but there is an exception
8.
Where the criminal act of the accused results in a complex crime, but he was only convicted of a one crime Included in the complex crime, such conviction constitutes _____ to another prosecution for the other crime a. A bar b. Not a bar c. Generally not a bar but there is an exception
9.
If the offenses charged are penmalied either by different sections of the same statute or by different statutes, what is considered is___________. a. Identity of acts b. Identity of persons c. Identity of the offenses
10. A case shall not be provisionally dismissed except with the following except: a. Implied or express consent of the Court b. Express consent of the accused c. Notice to the offended party Meryll Kyla P. Irader 1. All grounds for a motion to quash are waived if not seasonably raised, except: a. when the information does not charge an offense b. lack of jurisdiction of the court c. extinction of the offense or penalty d. all of the above 2. Pre-trial is ______ in criminal cases. a. mandatory b. discretionary c. waived d. none of the above 3. The following matters are considered during a pre-trial conference, except:
23
1. B 2. B 3. A 4. A 5. C 6. C 7. A 8. A 9. C 10. A
1. d 2. a 3. d 4. b 5. b 6. d 7. a 8. c 9. b 10. a
a. plea bargaining b. stipulation of facts c. waiver of objections to admissibility of evidence d. none of the above 4. In a pre-trial agreement, all agreements or admissions made or entered during the pre-trial conference shall be reduced in ____ and signed by the _____ and _______. a. evidence; judge; witness b. writing; accused; counsel c. writing; plaintiff; prosecutor d. evidence; accused; counsel 5. In criminal cases, the presence of the accused during the pre-trial is _____. a. required b. not indispensable c. requested d. valid 6. The court shall order a pre-trail conference within ____ days after the court acquires jurisdiction over the person of the accused, unless a shorter period is provided for in special laws or Supreme Court circulars. a. 10 b. 15 c. 25 d. 30 7. If the counsel for the accused or the prosecutor does not appear at the pre-trial conference and does not offer an acceptable excuse for his lack of cooperation, the court may _________. a. impose proper sanctions and penalties b. waive the right of the accused to plea bargaining c. refuse the admission of evidence d. all of the above 8. Any person charged under any provision of ________ (Comprehensive Dangerous Drugs Act of 2002) regardless of the imposable penalty shall not be allowed to avail the provision on plea-bargaining. a. RA 9561 b. RA 9516 c. RA 9165 d. RA 9156 9. In criminal cases, the presence of the private offended party is _____ at the pre-trial. a. required b. not required c. important d. denied 10. Plea bargaining is _________. a. the process whereby the accused and the prosecution in a criminal case work out a mutually satisfactory disposition of the case subject to court approval b. the process whereby the accused and the judge in a criminal case work out a mutually satisfactory disposition of the case subject to the approval of the private offended party c. the process whereby the accused and the prosecution in a criminal case work out a mutually satisfactory out of court settlement subject to court approval d. none of the above Brian M. Javier 1. Which is not part of a judgment of conviction? a. civil liability b. aggravating circumstances c. participation of the accused d. plea 2. It is a security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court. a. Fianza b. recognizance c. Bail d. Surety 3. When a criminal action is instituted, the civil action for the recovery of civil liability ex contractu is deemed instituted with the criminal action. a. True b. False c. Sometimes True d. Sometimes False 4. Which of the following is not a right of an accused a. right to be present and defend in person or by counsel b. right of self incrimination c. right to testify as witness in his behalf d. right to confrontation 5. At any time before the prosecution rests its case, the accused may move to quash the complaint or information. a. True b. False c. Sometimes True d. Sometimes False 6. The following are grounds to quash a complaint or information, except:
24
1. D 2. C 3. B 4. B 5. B 6. D 7. C 8. D 9. B 10. D
a. criminal action has been extinguished b. the officer who filed the information has no authority to do so c. lack of jurisdiction of the court trying the offense d. the judge is related to any of the parties in the case within the 4 th civil degree of consanguinity 7. It is a questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom in any significant manner. a. Preliminary Investigation b. Inquest c. Custodial Investigation d. Pre Trial 8. Who may not conduct a preliminary investigation a. Provincial Prosecutor b. City Prosecutor c. Regional Prosecutor d. Judge 9. A complaint or information may be amended, in form or in substance, with leave of court, at any time before the accused enters his plea. a. True b. False c. Sometimes True d. Sometimes False 10. When may the judge exclude the public from the courtroom? a. when the accused enters his plea b. when the public starts to get rowdy c. if the judge is not in the mood d. if the evidence to be presented is offensive to decency and pulic morals Gelyn U. Lumampao 1. The officer who conducted conditional examination in Rule 119 Sec. 13. a. Prosecutor b. Philippine National Police c. Any judge or any member of Bar designated by the trial court d. The Secretary of justice 2.
The motion to discharge should be made by the prosecution: a. After resting its case b. Before resting its case c. During arraignment d. All of the above
3.
If the court thereafter denies the motion for the discharge of the accused as a state witness the said sworn statement shall be: a. Admissible in evidence at the trial b. Inadmissible in evidence at the trial c. Not applicable d. Possible
4.
When will accused be disqualified as a state witness. a. If have previous conviction of another offense b. If had inadmissible testimony c. If he had been convicted by final judgment d. All of the above
5.
The discharge of the accused to be a state witness lies in the discretion of the court. a. False b. True c. Not applicable d. Depends upon the situation What is the determination of whether or not in taking of the oral deposition of a witness for the defense. a. Written record b. To the sound discretion of the trial court c. Not applicable d. Superior jurisdiction
6.
7.
What is the effect upon refusal to postbail. a. Arraignment b. Release c. Imprisonment until he complies d. Not applicable
8.
A motion for separate trial must be filed before the commencement of the trial and cannot be raised for the first time on appeal. a. False b. True c. Not applicable d. Depends upon the situation
9.
Even if a joint trial is conducted, the accused can always be permitted to present their evidence separately. a. False
25
1. C 2. B 3. B 4. C 5. B 6. B 7. C 8. B 9. B 10. B
b. c. d.
True Not applicable Depends upon the situation
10. The granting of separate trials rests entirely within the discretion of the trial court. a. False b. True c. Not applicable d. Depends upon the situation Melben Rey Madrid 1.
hich of the following is a correct application of the rules involved in consolidation of cases? a. The consolidation of cases is done only for trial purposes and not for appeal. b. Consolidation of cases pending in different branches or different courts is not permissible. c. The court in which several cases are pending involving common question of law and facts may hear initially the principal case and suspend the hearing in other cases. d. Consolidation of cases pending in different divisions of an appellate court is not allowed. 2. Which is not true about reopening of cases? a. This shall be done only before promulgation of judgment. b. This can be done motu proprio or upon motion. c. The purpose is to avoid a miscarriage of justice. d. None of the above. 3. What is the effect of filing a demurrer to evidence without leave of Court? a. If the court denies the demurrer to evidence, the accused may adduce evidence in his defense. b. The accused waives his right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution. c. If the motion is denied, the order shall be reviewable by appeal or by certiorari before the judgment. d. None of the above. 4. A demurrer to evidence or a motion for leave to file the same must be filed at what stage? a. Before the promulgation of judgment. b. Before the finality of judgment. c. After trial. d. After the prosecution has rested its case. 5. What is the effect of an order sustaining the demurrer to evidence? a. It is equivalent to acquittal, hence the prosecution cannot appeal, as it would place the accused in double jeopardy. b. It is equivalent to acquittal but double jeopardy shall not attach. c. The prosecution, upon motion, shall be allowed to submit additional evidence. d. The accused is acquitted and he has no right to submit evidence against the civil liability imposed. 6. Which is incorrect regarding exclusion of the public in trials? a. The judge may, on motion of the accused, exclude the public from the trial except court personnel and the counsel of the parties. b. The judge cannot motu proprio exclude the public from the courtroom. c. The judge may exclude the public from the courtroom if the evidence to be produced during the trial is offensive to decency or public morals. d. None of the above. 7. Statement I: When it becomes manifest at any time before judgment that a mistake has been made in charging the proper offense and the accused cannot be convicted of the offense charged, the accused shall not be discharged in any event. Statement II: When mistake has been made in charging the proper offense, the court shall commit the accused to answer for the proper offense and dismiss the original case upon the filing of the proper information. a. Both statements are true. b. Both statements are false. c. Statement I is true, Statement II is false. d. Statement I is false, Statement II is true. 8. A testimony of a discharged accused against his co-accused shall: a. Be supported by cumulative evidence. b. Be corroborated in its material points. c. Not need any corroborative evidence. d. Not be subject to any tests of credibility if already admissible.
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
c a b d a b d b d b
1. 2. 3. 4. 5. 6. 7. 8. 9.
c a c a b b d b a
9.
In a judgment of conviction, it shall state: a. the legal qualification of the offense b. the participation of the accused in the offense c. the penalty imposed upon the accused d. all of the above 10. Which is not correct regarding judgment? a. It shall contain clearly and distinctly a statement of the facts and the law upon which it is based. b. It is prepared by the judge or the clerk of court. c. It must be written in the official language. d. It imposes on the accused the proper penalty and the civil liability if any. Caridad F. Maguad
1.
2. a)
Nila M. Medrano A judgment becomes final except: a) When no appeal is seasonably perfected b) When the accused commences to serve sentence c) Where they death penalty was imposed by the trial court d) When the right to appeal is expressly waived in writing A new trial can be granted only On motion of the accused or on motion of the court but with the consent of the accused.
26
b) On motion of the prosecution or on motion of the court with the consent of the accused. c) On motion of the accused and the prosecution with the consent of the court. d) On motion of the accused and of the court with the consent of the prosecution.
10.
d
3. What distinguishes a new trial from reopening of a case? a) A reopening is made by the court after final judgment. b) A reopening of the case is done only at the instance of the accused. c) A motion for a new trial is filed after judgment but before finality thereof, at the instance or with the consent of the accused. d) A motion for a new trial is filed before judgment at the instance of the court. 4. Which is correct? a) The court shall grant reconsideration on the ground of errors of law or fact in the judgment, which requires no further proceedings. b) The court shall grant reconsideration on the ground of errors of law or fact in the judgment, which requires further proceedings. c) Both. d) None of the above 5. a) b) c) d)
A motion for reconsideration Interrupts the period for perfecting an appeal and calls for the introduction of evidence for a modification of the conclusions in the judgment. Interrupts the period for perfecting an appeal but does not call for the introduction of evidence for a modification of the conclusions in the judgment. Interrupts the execution of judgment and allows for the introduction of new evidence and witnesses. None of the above.
6.
Can a person be put under probation if he was convicted in a single decision of five cases jointly tried, of estafa committed on different dates and wherein a total prison term of 17 months and 25 days was imposed? a) No. He is disqualified from probation under sec. 9(c) of the Probation Law which disqualifies those who have been previously convicted of offenses punished by imprisonment of not less than one month and one day. b) Yes. He is not disqualified from probation because there was only one decision and a single conviction thereunder; hence there is no “previous” conviction. c) It depends if he is repentant or not. d) Yes. Under the probation law, any one charged with estafa is disqualified.
7. a) b) c) d)
When does the judgment become final? After the lapse of the period for appeal. When the sentence has been partially or totally satisfied or served. When the accused has waived in writing his right to appeal or if he has applied for probation. All of the above.
8. The payment of the fine imposed by the court constitutes satisfaction of the judgment, hence the judgment thereby becomes final, except: a) Where the money paid by the accused came from ill-gotten wealth. b) Where the court specifically reserved its findings on a particular issue, in which case the fact that the accused had paid the fine does not make the judgment final. c) There are no exceptions. d) All of the above.
9. a) b) c) d)
Reconstitution is a remedy in this case except: decision itself is lost and no authentic copy can be secured loss of stenographic notes loss of the copy of the decision and the records of the case in the trial court. some transcripts of the testimony of prosecution witnesses were lost
10. A new trial is justifiably denied when, a) the newly discovered evidence was discovered after the trial b) the newly discovered evidence has such weight that if admitted, it would change the judgment of the court c) the newly discovered evidence could not have been discovered and produced at the trial despite reasonable diligence d) the newly discovered evidence to be introduced is a corroborative evidence Paul Vincent Mercado 1. The ff. are grounds for new trial, except: a. That the error of law or irregularities prejudicial to the substantial rights of the accused have been committed during trial b. That new and material evidence has been discovered which the accused could not with reasonable diligence have discovered and produced at the trial, and which if introduced and admitted, would probably change the judgement c. That the prosecution failed to cross-examine the witness. d. None of the above 2.
The court shall grant reconsideration of errors of law alone in the judgement, which requires no further proceedings. The preceding statement is: a. Absolutely true b. Absolutely false c. Neither A or B d. Either A or B
3.
Notice for motion for new trial or reconsideration shall be given to the: a. Public Attorney
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1. C 2. B 3. D 4. A 5. E 6. A 7. A 8. C 9. A 10. A
b. c. d.
Clerk of Court Presiding Judge Prosecutor
4.
Where a motion for new trial calls for the resolution of any question of fact, the court may hear evidence thereon by affidavits or otherwise. a. Absolutely true b. Absolutely false c. Neither A or B d. Either A or B
5.
The effects of granting a new trial or reconsideration are the following, except: a. When a new trial is granted on the ground of errors of law or irregularities committed during the trial, all the proceedings and evidence affected thereby shall be set aside and taken anew. The court may, in the interest of justice, allow the introduction of additional evidence. b. When a new trial is granted on the ground of newly discovered evidence, the evidence already adduced shall stand and the newly discovered and interest of justice, allow to be introduced shall be taken and considered together with the evidence already in the record. c. In all cases, when the court grants a new trial or reconsideration, the original judgement shall be set aside and a new judgment rendered accordingly. d. All of the above e. None of the above Who may appeal? a. Petioner b. Respondent c. Either A or B d. Neither A or B
6.
7.
Any party may appeal from a judgment of final order, unless the accused will be placed in double jeopardy. a. Absolutely true b. Absolutely false c. Neither A or B d. Either A or B
8.
Which of the ff. statement is incorrect with regard to appeal? a. To the RTC in cases decided by MTC, MCTC or MTCC b. To the CA in proper cases provided by law, in cases decided by the RTC c. To the SC in proper cases provided by law, in cases decided by the MTC d. To the SC in cases decided by the CA
9.
Only final judgments and orders are appealable. a. Absolutely true b. Absolutely false c. Neither A or B d. Either A or B
10. A judgment is final if it completely disposes of the issues so that nothing more is left to be done by the trial court or no further questions affecting the merits of the case remain for adjudication. a. Absolutely true b. Absolutely false c. Neither A or B d. Either A or B Jender L. Mercado 1) Can the offended party file an appeal with respect to civil liability? a. No, offended party has no right to appeal. b. No, the remedy of the offended party being to institute the corresponding civil action for the recovery thereof. c. Yes, where judgement of conviction recognized the offended party to be indemnified but no civil liability was imposed. d. Yes, it will not result to double jeopardy. 2) The following are means in the service of notice of appeal, except; a. personal service b. email and other devices c. registered mail d. substituted service 3) Can appellate court entertain appeal without notice of appeal? a. No, appeal cannot be waived. b. No, appellate court does not acquire jurisdiction. c. Yes, no copy of the notice of appeal in criminal case is not fatal to the perfection of appeal. d. Yes, in its discretion, if the interests of justice so require. 4) When appeal to be taken? a. within five (5) days from promulgation of the judgment of from notice of the final order appealed from. b. within ten (10) days from promulgation of the judgment of from notice of the final order appealed from. c. within fifteen (15) days from promulgation of the judgment of from notice of the final order appealed from. d. within twenty (20) days from promulgation of the judgment of from notice of the final order appealed from. 5) When does the period for appeal is interrupted?
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1. C 2. B 3. D 4. C 5. B 6. C 7. B 8. A 9. A 10. D
a. motion to quash b. motion for new trial c. motion for reconsideration d. notice of appeal 6) The following are effects of appeal by any of several accused, except; a. An appeal taken by one or more of several accused shall not affect those who did not appeal, except insofar as the judgment of the appellate court is favorable and aplicable to the latter. b. The appaeal ot the offended party from the civil aspect shall not affect the criminal aspect of the judgment or order appealed from. c. The appeal to the Court of Appeals in cases decided by the regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review under Rule 42. d. Upon the perfection of the appeal, the execution of the judgment or final order appealed from shall be stayed as to the appealing party. 7) Cases decided by an inferior court are appealable to; a. MTC/MCTC b. RTC c. Ombudsman d. Sandiganbayan 8) Cases decided by Regional Trial Court in the exercise of its original jurisdiction where the penalty it imposed is lower then reclusion perpetua are appealable to; a. Court of Appeals b. Supreme Court c. Ombudsman d. Sandiganbayan 9) Cases decided by Regional Trial Court where the penalty it imposed is reclusion perpetua or life imprisonment, or where a lesser penalty is imposed by it but involving offenses committed on the same occassion or arising out of the same occurrence that gave rise to the more serious offense for which the penalty of reclusion perpetua or life imprisonment is imposed by law are appealable to; a. Court of Appeals b. Supreme Court c. Ombudsman d. Sandiganbayan 10) Who may file an appeal? a. offended party b. accused c. prosecutor d. all of the above John Paul Z. Nanit 1.
An appellant may withdraw his appeal before the record has been forwarded by the Clerk of Court to the proper appellate court. The Court may also, in its discretion, allow the appellant to withdraw his appeal, provided: A. A motion to that effect is filed before the rendition of judgment in the case on appeal B. A motion to that effect is filed in the appellate court where the records of his case was forwarded C. A motion to that effect is filed after the rendition of judgment in the case on appeal D. A manifestation to that effect is made right after the promulgation of judgment in open court
2.
Once a notice of appeal is filed, it cannot be validly withdrawn to give way to a motion for reconsideration, except: A. When the accused decides to serve the sentence B. When the accused waives his right to file the same C. When the accused fails to invoke his right on time D. When the accused dies pending appeal
3.
Appeal in a criminal proceeding throws the whole case wide open for review and the appellate court: A. Can not correct errors, though unassigned, that may be found in the appealed judgment. B. Can correct errors, though unassigned, that may be found in the appealed judgment. C. Can only correct errors particularly assigned by the appellant from the appealed judgment D. Can correct errors, though unassigned, are grossly erroneous that may be found in the appealed judgment
4.
Mandatory review by the Supreme Court is only required for cases where the penalty imposed is death. Where the penalty imposed is reclusion perpetua or life imprisonment, a review of the trial court decision is conducted: A. Exclusively by the Court of Appeals and the Sandiganbayan B. Only when the State files a petition for certiorari C. Only when the accused files a notice of appeal D. Only when the law provides
5.
Where the prosecution witness implicated both accused as having acted in conspiracy to kill the victim, one of the accused did not ________ from the judgment of conviction against them, he is deemed to have ___________ the truth of such testimony. A. review, waived B. assign, resolved C. appeal, admitted D. affirm, caused
Pursuant to Section 13, Rule 122 of the Rules of Court and the constitutional mandate provided in Section 11, Article III of the 1987 Constitution which provides: “Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied any person by reason of
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1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
A A B C C C D D A A
poverty.” Using as reference the aforecited provision of law, answer the
following:
6.
The right to _________ does not cease upon the ________ of an accused by a trial court. A. the Constitution, the arrest B. A counsel de parte, release C. A counsel de oficio, conviction D. A counsel de oficio, posting of bail bond
7.
The right to a counsel de oficio continues even during ______________, such that the duty of the court to assign a counsel de oficio persists where an accused interposes a/an ______________ to appeal. A. preliminary investigation, waiver B. inquest proceedings, reservation C. arraignment, objection D. appeal, intent E. trial, opposition
8.
In the case, the Supreme Court admonished members of the Bar to be more conscious of their duties as advocates of their clients' causes, whether acting de parte or de oficio, for A. Public interest requires that an attorney exert his best efforts and ability in the prosecution or defense of his client's cause. B. Lawyers are an indispensable part of the whole system of administering justice in this jurisdiction. C. To serve the ends of justice, do honor to the Bar and help maintain the respect of the community to the legal profession. D. All of the above E. None of the Above
9.
Justice should never be _________to those who have the means. It is for everyone, whether rich or poor. Its scales should always be ___________ and should never equivocate or cogitate in order to favor one party over another. A. limited, balanced B. denied, objective C. deprived, reasonable D. restricted, justified 10. The procedure in the Regional Trial Court shall be applicable to the procedure in Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Court, except: I. Particular provision is made applicable only to either of such courts II. In cases governed by the Revised Rule on Summary Procedure III. In cases where parties agreed to stipulate on what procedure to follow IV. When the court is called upon to exercise sound judicial discretion A. B. C. D.
I and II I, II, and III II and III All of the above Kyle Jorrel A. Nem Singh
1.
2.
3.
4.
5.
6.
Duty of court if Criminal Case if commenced by complaint in municipal trial courts– on the basis of the complaint and the affidavits and other evidence accompanying the same, the court may: a. Dismiss the case outright for being patently without basis or merit and order the release of the accused in custody b. Dismiss the case outright for being patently without basis or merit, and order the release of the accused in custody within thirty (30) days c. Require the accused to submit his counter-affidavit and the affidavits of his witnesses as well as any evidence in his behalf d. B&C In arraignment and trial of criminal cases in municipal trial courts, should the court, upon consideration of the complaint or information and the affidavits submitted by both parties, find no cause or ground to hold the accused for trial, it shall: a. Order the dismissal of the case: otherwise the court shall set the case for arraignment and trial b. Order the dismissal of the case: otherwise the court shall set the case for arraignment and trial within ten (10) days. c. Set the case for arraignment and trial within ten (10) days. d. Set the case for arraignment, pre-trial and trial within (10) days Cases requiring referral to the Lupon for conciliation under the provisions of PD 1508, where there is no showing of compliance with such requirement, shall : a. Be Dismissed without prejudice, and may be reviewed only after such requirement shall have complied with b. Apply to criminal cases where the accused is arrested without a warrant c. A&b d. None of the above The following are prohibited pleadings, motions, or petitions which shall not be allowed in the cases covered by the Rule on Procedure in the Municipal Trial Courts in criminal cases, EXCEPT: a. Motion to quash b. Motion for a bill of particulars c. Motion for extension of time to file pleadings, affidavits or any other paper d. All of the above The affidavits required to be submitted under the rule on Procedure in the Municipal Trial Courts in criminal cases shall: a. State only the facts of direct personal knowledge of the affiants which are admissible in evidence, and shall show their competence to testify to the matters stated therein b. State all the facts of direct personal knowledge of the affiants whether admissible in evidence or not, and testify to the matters stated therein c. Set the case for arraignment and trial within ten (10) days. d. B & c At the trial, in criminal cases, the affidavits submitted by the parties shall: a. Constitute the direct testimonies of the witnesses who executed the same
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1. A 2. A 3. A 4. A 5. A 6. A 7. A 8. A 9. A 10. A
b. Be the basis of cross-examination, redirect or re-cross examination c. A&b d. None of the above 7. In criminal cases, should the affiant fail to testify: a. His affidavit shall not be considered as competent evidence ofr the party presenting the affidavit b. The adverse party may not utilize the same for any admissible purpose c. A&b d. None of the above 8. In arrest of the accused in criminal cases, the court shall: a. Not Order the arrest of the accused unless for failure to appear whenever required b. Not order the arrest of the accused for failure to failure to appear whenever required c. Order the arrest of the accused for failure to appear whenever required d. Order the arrest of the accused unless he fails to appear 9. In criminal cases, where a trial has been conducted, the court shall: a. Promulgate the judgment not later than thirty (30) days after the termination of trial b. Promulgate the judgment immediately after the termination of trial c. Order the release of the accused in custody within thirty (30) days d. B & c 10. One of the following pleadings, motions or petitions shall be allowed in the cases covered by the rule on Procedure in the Municipal Trial Courts in criminal cases: a. motion to dismiss the complaint or to quash the complaint or information on the ground of lack of jurisdiction over the subject matter b. motion for a bill of particulars c. motion for new trial or for reconsideration of judgment, or for reopening of trial d. motion for extension of time to file pleadings, affidavits or any other paper Maria Carolina B. Plecis
1. The following are subject matters for amicable settlement of disputes, except: a. Where on party is the government, or any subdivision or instrumentality thereof; Where one party is a public officer or employee, and the dispute relates to the performance of his official functions; b. Offenses punishable by imprisonment exceeding one (1) year, or a fine exceeding P5,000.00; Offenses where there is no private offended party; c. Disputes involving parties who actually reside in barangays of different cities or municipalities except where such barangay units adjoin each other and the parties agree to submit their differences to amicable settlement by an appropriate lupon d. All of the above e. None of the above 2. The Lupon shall have no authority over disputes: a. Involving parties who actually reside in barangays of different cities or municipalities, except where such barangays adjoin each other b. Involving real property located in different municipalities. c. Both a and b d. None of the above e. Only a 3. Forms of amicable settlement, except: a. Shall be in writing b. In a language or dialect known to the parties c. Signed by the parties d.Attested by the lupon chairman or the pangkat chairman e. none of the above 4. All proceedings for amicable settlement shall be public and informal: a. True bFalse c. True, provided upon request of the party to the lupon chairmain to exclude public from theproceedings d. neither a, b, c e. eithher a, b, c 5. The amicable settlement and arbitration award shall have the force and effect of, a. Final judgment of a court upon expiration of 5 days from the date unless repudiation of the settlement has been made b. Final judgment of a court upon expiration of 10 days from the date unless repudiation of the settlement has been made c.Commencement of the trial d.All of the above e.None of the above 6. The counsel de officio for the accused is provided whenever, a. The accused is confined in prison b. Without counsel de parte on appeal c. Has signed the notice of appeal himself d. All of the above e. None of the above 7. This is a guideline to be judicially followed for the purpose of determining a true plea of guilty and not an improvident one:
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1. d 2. c 3. e 4. c 5. b 6. d 7. a 8. a 9. d 10. e
a. Searching inquiry b. Blancing test c. Plea bargaining d. All of the above e. None of the above 8. Precondition for conciliation: a. No complaint, petition, action or proceeding involving any matter within the authority of the Lupon shall be filed in court or any government office for adjudication b. Confrontation of the parties before the Lupon Chairman or the Pangkat c. Settlement has been repudiated d. only b and c e. none of the above 9. Arbitration award shall be made a. Before the lapse of the period for repudiation b. After the lapse of the period for repudiation c. Within 10 days after the lapse for repudiation d. only b and c e. only a ad c 10. Procedure for amicable settlement except, a. Any individual who has a cause of action against another individual involving any matter within the authority of the Lupon may initiate the proceedings b. Summon respondents c. Hearing before the Pangkat d Sunctions for refusal of the party or witness to appear such as indirect contempt and bar complainant from seeking judicial recourse and counterclaims of the respondents e. none of the above Hyacinth Marie T. Salig 1) What is the period to file an appellee‟s brief? A. within 20 days from receipt of the brief of the appellant B. within 30 days from receipt of the brief of the appellant C. within 15 days from receipt of the brief of the appellant D. within 10 days from receipt of the brief of the appellant 2) What is the period to file a reply brief (answer of the appellant)? A. within 20 days from receipt of the brief of the appellant B. within 30 days from receipt of the brief of the appellant C. within 15 days from receipt of the brief of the appellant D. within 10 days from receipt of the brief of the appellant 3) The extension of time for the filing of briefs will not be allowed except: A. for good and sufficient cause B. only if filed within the period sought to be extended C. Both A and B D. Either A or B 4) The Court of Appeals may dismiss the appeal if: A. the appellant fails to file his brief within the time prescribed by Rule 124 B. the appellant escapes from prison or confinement C. the appellant jumps bail or flees to a foreign country during the pendency of the appeal D. all of the above 5) The following are the scope of judgment of the Court of Appeals except: A. reverse, affirm, or modify the judgment B. increase or reduce the penalty imposed by the trial court C. remand the case to the MTC for new trial or retrial D. dismiss the case 6) Trials or hearings in the Court of Appeals must be completed within A. 60 days B. 3 months C. 120 days D. 6 months 7) Judgment from the Court of Appeals may be appealed to the Supreme Court by: A. Notice of Appeal filed with the Court of Appeals B. Notice of Appeal filed with the Supreme Court C. Record of Appeal filed with the Court of Appeals D. Record of Appeal filed with the Supreme Court 8) When may the accused move for a new trial on the ground of newly-discovered evidence material to his defense? A. at any time AFTER the appeal from the lower court has been perfected and BEFORE the judgment of the Court of Appeals convicting the accused
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1. B 2. A 3. C 4. D 5. C 6. B 7. A 8. A 9. B 10. A
becomes final B. at any time BEFORE the appeal from the lower court has been perfected C. AFTER the judgment of the Court of Appeals convicting the accused becomes final D. None of the Above 9) What is the period to file for a motion for reconsideration from the decision or final order of the Court of Appeals? A. 10 days B. 15 days C. 20 days D. 25 days 10) Which of the following is true? A. No party shall be allowed a second motion for reconsideration of a judgment or final order B. A certified true copy of the judgment of the Court of Appeals does not need to be filed in the trial court C. When a new trial is granted, the Court of Appeals cannot conduct the hearing and should refer the same to the court of origin D. None of the Above Madelyn R. Sarmiento
1.
The procedure in the Supreme Court in the original as well as in appealed cases shall be the same as in the Court of Appeals unless, otherwide provided by; Constitution Law Contract Both A and B
a.) b.) c.) d.)
2. a.) b.) c.) d.)
If after re-deliberation, the Supreme Court sitting en banc, has still not reached the necessary majority to decide a case, the SC will have to? Convict the accused. Acquit the accused. Reverse the lower court conviction. Both B and C.
3.) In cases involving constitutionality of a treaty, international or executive agreement, the required majority of the Supreme Court is? a.) Majority of the 15 members of the SC. b.) Majority of one division. c.) Majority of the members who actually took part and deliberated on the matter and voted thereon. d.) Naither A, B or C. 4.)
Can a Court, sitting en banc, modify or reverse a doctrine or priciple of law laid down by a court in a decision rendered in banc? a.) False b.) Partially true c.) Partially false d.) True
5.) Who has authority to issue a search warrant? a.) Judge b.) Peace officer c.) Any other responsible officer authorized by law d.) Chief of Police 6.) If the Court believes that the diplomatic immunity granted to a foreign visitor has been abused, a.) Issue a search warrant. b.) Arrest the foreign diplomat. c.) Deport the diplomat. d.) Forward its finding and recommendation to the DFA. 7.) When a criminal action has already been filed, application for search warrant can be made in? a.) Any court within whose territorial jurisdiction a crime was committed. b.) Any court within the judicial region where warrant shall be imposed. c.) Only in the court where the criminal action is pending. d.) Both A and B. 8.) A search warrant issued by a judge based on the dispositions written by his clerk of court is? a.) Valid b.) Invalid c.) Partially valid d.) Partially invalid 9.) Warrants or evidences directed to a corporation can be affected to their president or corporate officers? a.) Partially true b.) Partially false c.) True d.) False 10.) Where prohibited articles are taken without a legal search warrant, the Court must? a.) Return the articles to the owner. b.) Destroy the articles. c.) Keep the aricles under custody.
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the proper remedy of the Court is to?
1. D 2. D 3. C 4. D 5. A 6. D 7. C 8. B 9. D 10. C
d.)
All of the above. Mary Rose O. Toledo
1. A search warrant shall be valid: a. 10 days from the issuance thereof. b. Until the place to be searched has been searched. c. 10 days from the receipt of the warrant by the owner. d. Depending on the sound discretion of the judge. 2. Which of the following is true: a. As a general rule, a search warrant cannot be use everyday for 10 days. b. A search warrant must be served to the owner of the premises to be searched. c. In the absence of the occupant, the search must be made in the presence of at least two witnesses of sufficient age and residing in the nearby locality. d. After 10 days upon the issuance, the search warrant is voidable.
1. a 2. a 3. b 4. a 5. d 6. d 7. b 8. d 9. b 10. c
3. When search is incidental to a lawful arrest, the person making the arrest may search: a. The place where the person is arrested. b. Only within the reach of the person arrested. c. Only the body of the person arrested. d. All of the above. 4. As a general rule, the Tariff and Customs Code does not require search warrant except: a. In search of a dwelling. b. In search of a private truck. c. In search of a private establishment. d. All of the above. 5. A search of an airline passenger is limited only to: a. Visual search b. Luggage only c. Body of the person only d. None of the above 6. A was arrested in a restaurant located inside the hotel where he is staying, immidiately after the arrest, the arresting officers searched his hotel room. Is the search valid? a. Yes, because it was made immediately after the arrest. b. No, because he is not the owner of the hotel. c. Yes, because he may not be the owner of the hotel but he is the current occupant thereof. d. No, because the search was no longer incidental to the lawful arrest. 7. Which of the following is false: a. A person may waive his right against search and seizure. b. A person may not waive his right against search and seizure. c. Search and seizure is based on the sound disacretion of the judge. d. None of the above. 8. The following constitues warrantless search except: a. Customs search b. Search is incidental to a lawful arrest c. Inspection for sanitary regulations d. None of the above 9. Consent of the occupant is indispensible during search a. At all times b. Only during warrantless search c. Only during night time d. All of the above 10. A search warrant is served during or depending on a. Daytime only b. Any time of the day c. Daytime unless there is a direction in the warrant d. discretion of the search officers Julie Ann M. Tuazon 1. A Motion to Quash a Search Warrant and/or to suppress evidence obtained thereby may be filed in and acted upon only by the court where the action has been instituted. If no criminal action has been instituted, where can the said motion be filed? a. To any court which has jurisdiction over the place to be searched as provided in the search warrant b. To any court in the Philippines c. To the court that issued the search warrant d. All of the above 2. 2. What is the appropriate remedy where there are conflicting claims over the seized property under a search warrant and it appears that the seizure will not be followed by the filing of any criminal action? a. Institution of an ordinary civil action by an interested party, or of an interpleader action by the government itself, in the proper competent court to which the seizing court shall transfer custody of the articles. b. Motion to Quash c. Writ of preliminary Injunction d. None of the above
34
1. C 2. A 3. B 4. A 5. B 6. D 7. A 8. D 9. A 10. C
3.
The constitutional proscription against unlawful searches and seizures is directed against a. Private individuals b. The government and its agencies tasked with the enforcement of the law c. Both A and B d. Neither A nor B
4. 4. In a situation where the same property was being seized at the same time by different courts, one by search warrant and the other by writ of seizure in a replevin action, who has the authority to order the release of the property? a. The court that issued the search warrant b. The court where the replevin action is filed c. Both A and B d. Neither A nor B 5. 5. Who may apply for provisional remedies in criminal cases as provided under Rule 127 of the Rules of Court in cases where the Government or a governmental corporation is the offended party? a. Secretary of Justice b. Fiscal c. Solicitor General d. Ombudsman 6.
6. Which of the following writs issued by a Regional Trial Court is enforceable only within its judicial region? a. Mandamus b. Prohibition c. Habeas corpus d. All of the above
7.
7. Under which of the following circumstances that the offended party may attach the property of the accused as security for the satisfaction of any judgment? a. When the criminal action is based on a claim for money or property embezzled or fraudulently misapplied or converted to the use of the accused who is a public officer, officer of a corporation, attorney, factor, broker, agent or clerk, in the course of his employment as such, or by any other person in fiduciary capacity, or for a willful violation of duty b. When the accused is a resident of the Philippines c. When the accused has disclosed, removed, or disposed of his property, or is about to do so d. When the accused is not about to abscond from the Philippines
8.
8. Where the civil action is instituted with the criminal action, all provisional remedies available in civil actions may be availed of whenever the same are applicable. However, which of the following provisional remedies cannot be availed of in criminal cases? a. Preliminary Attachment b. Appointment of a receiver c. Replevin d. Preliminary injunction to restrain the criminal action
9.
9. I. Writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction issued by a regional trial court may be enforced in any part of the region. II. All other processes, whether issued by a regional trial court or a metropolitan trial court, municipal trial court or municipal circuit trial court may be served anywhere in the Philippines. a. Both I and II are true. b. Both I and II are false. c. I is true and II is false. d. I is false and II is true. 10. I. A search warrant merely constitutes process. II. Only the court which has jurisdiction over the criminal case can issue the search warrant. a. Both I and II are true. b. Both I and II are false c. I is true and II is false. d. I is false and II is true.
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