Professional Documents
Culture Documents
Identify What Is Being Described in Each Item. USE CAPITAL LETTER. ERASURE (S) WILL INVALIDATE YOUR Answer
Identify What Is Being Described in Each Item. USE CAPITAL LETTER. ERASURE (S) WILL INVALIDATE YOUR Answer
1. It is the examination before a competent tribunal according to the laws of the land, of
the facts put in issue in a case for the purpose of determining such issue. TRIAL
2. After Arraignment, accused in case of his non-appearance despite due notice simply
means that he thereby waives his right to meet the witnesses face to face, among
others. TRIAL IN ABSENTIA
3. Witness is only assured that his or her particular testimony and evidence derived from
it will not be used against him or her in a subsequent prosecution USE AND
DERIVATIVE USE IMMUNITY
4. It is an examination of a man’s house, buildings or other premises, or of his person,
with a view to the discovery of some evidence of guilt to be used in the prosecution of
a criminal action for some offense with which he is charged. SEARCH
5. Such questions as have the tendency to show the commission of a crime and
perpetrator thereof. SEARCHING QUESTION AND ANSWERS
6. An order in writing issued in the name of the Peopleof the Philippines, signed by a judge
and directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court. SEARCH WARRANT
7. It is the physical taking of a thing into custody; contemplates a forcible disposition of
the owner. SEIZURE
8. One of two or more persons jointly charged with thecommission of a crime but who is
discharged with his consent as such accused so that he may be a witness for the state.
STATE WITNESS
9. A limited protective search of outer clothing for weapon. STOP & FRISK
10. Witness can no longer be prosecuted for any offense whatsoever arising out of the act
or transaction. TRANSACTIONAL IMMUNITY
11. A proceeding for review by which the whole case is transferred on the higher court.
APPEAL
12. It means for bringing the accused into court and informing him of the nature and cause
of the accusation against him. ARRAINGMENT
13. Taking a person into custody in order that he may be bound to answer for the
commission of some offense, made by an actual restraint of the person or by his
submission to custody. ARREST
14. It is a remedy afforded to the offended party to have the property of the accused attached
as security for the satisfaction of any judgment that may be recovered from the
accused. ATTACHMENT
15. Security given for the release of a person in custody of law, furnished by him or a
bondsman, conditioned upon his appearance before any court as required. BAIL
16. He is counsel appointed by the court to representand defend the accused in case he
cannot afford to employ one himself. COUNSEL DE OFICIO
17. Sworn written statement charging a person with an offense, subscribed by the offended
party, any peace officer or other public official charged with the enforcement of the law
violated. COMPLAINT
18. Trial once commenced shall continue from day to day as far as practicable until
terminated; but it may be postponed for a reasonable period of time for good cause.
CONTINOUS TRIAL SYSTEM
19. It is an action by which the State prosecutes a person for an act or omission punishable
by law. CRIMINAL ACTION
20. It is the authority to hear and try a particular offense and impose the punishment for
it. CRIMINAL JURISDICTION
21. It is the method prescribed by law for the apprehension and prosecution of persons
accused of any criminal offense and for their punishment, in case of conviction.
CRIMINAL PROCEDURE
2
22. Where the evidence of the parties in a criminal case are evenly balanced, the
constitutional presumption of innocence should tilt in favor of the accused who must
be acquitted. EQUIPOSE RULE
23. It is a process which authorizes the search and seizure of things, in a general manner.
It does not specify or describe with particularity the things to be searched and seized.
GENERAL WARRANT
24. This kind of warrant is VOID as it infringes on the constitutionalmandate requiring
particular description of the things to be seized. SHOTGUN WARRANT
25. Is available when a person is imprisoned beyond the maximum penalty imposed by law.
HABEAS CORPUS
26. It is not confined to trial but embraces the several stages of litigation, including the pre-
trial stage. HEARING
27. An obligation under seal given by accused with one or more sureties and made payable
to proper officer with the condition to be void upon performance by the accused of such
acts as he may legally be required to perform. BAIL BOND
28. It literally means a short or condensed statement. The purpose of the brief is to present
to the court in concise form the points and questions in controversy, and by fair
argument on the facts and law of the case, to assist the court in arriving at a just and
proper conclusion. BRIEF
29. Is used to correct only errors of jurisdiction and not errors of judgment of an inferior
court. CERTIORARI
30. Involves any questioning initiated by law enforcement officers after a person has been
taken into custody or otherwise deprived of his freedom of action in any significant
way. CUSTODIAL INVESTIGATION
31. It is an objection by one of the parties in an action, to the effect that the evidence which
his adversary produced is insufficient in point of law, whether true or not, to make out
a case or sustain the issue. DEMURRER TO EVIDENCE
32. Accusation in writing charging a person with an offense, subscribed by the fiscal and
filed with the court. INFORMATION
33. Adjudication by the court that the accused is guilty or no guilty of the offense charged,
and the imposition of the proper penalty and civil liability provided by law on the
accused. JUDGMENT
34. It is a process issued by the court after conviction to carry out the final judgment.
MITTIMUS
35. A hypothetical admission that even if all the facts alleged were true, the accused still
cannot be convicted due to other reasons. MOTION TO QUASH
36. The rehearing of a case already decided but before the judgment of conviction therein
rendered has become final, whereby errors of law or irregularities are expunged from
the record or new evidence is introduced or both steps are taken. NEW TRIAL
37. Is a dismissal of the criminal case by the government before the accused is placed on
trial and before he is called to plead, with the approval of the court in the exercise of
its judicial discretion. NOLLE PROSEQUI
38. The conditional release of an offender from a penal or correctional institution after he
has served the minimum period of his prison sentence under the continued custody of
the state and under conditions that permit his re-incarceration if he violated the
conditions of his release. PAROLE
39. Process whereby the accused and the prosecution in a criminal case work out a
mutually satisfactory disposition of the case subject to court approval. It usually
involves the defendant's pleading guilty to a lesser offense or to only some of the counts
of a multi-count indictment in return for a lighter sentence than that for the greater
charge. PLEA BARGAINING
40. It is one which arises in a case, the resolution of which is a logical antecedent of the
issue involved therein and the cognizance of which pertains to another tribunal.
PREJUDICIAL QUESTION
3
TEST II. MULTIPLE CHOICE. Select the best answer by shading the letter of the correct answer
on the separate answer sheet provided. Use CAPITAL LETTERS ONLY.
d. Infanticide
_____ 6. What is the lifetime of a warrant of arrest?
a. no limitation of the period
b. within ten (10) days from its receipt
c. after expiration of ten (10) days from receipt
d. none of the above
_____ 7. The prescriptive periods for violations of municipal ordinances shall prescribe
after…
a. three (3) months c. one (1) month
b. two (2) months d. one (1) year
_____ 8. When a complaint or information had been filed in court without a
preliminary investigation, the accused may ask for a preliminary investigation within
___ days from the time he learns of its filing.
a. five (5) days c. fifteen (15) days
b. ten (10) days d. thirty (30) days
_____ 9. If the offended party dies during the pendency of the case, is the criminal
liability of the accused extinguished?
a. Yes, it is extinguished c. No, it is not extinguish
b. Partial extinguishment d. A and B
_____ 10. Crimes where some acts material and essential to the crimes and requisite
to their commission occur in one municipality or territory and some acts are done in
other places.
a. continuing offense c. Sunday offenses
b. transitory offenses d. none of the above
_____ 27. A search warrant is issued to seize personal property. Which is not
included?
a. Subject of the offense
b. Personal property with no direct relation to the offense
c. Stolen or embezzled and other proceeds or fruits of the offense
d. Used or intended to be used as the means of committing an offense
_____ 28. 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.
a. Information c. Affidavit
b. Complaint d. Warrant
_____ 29. Police officers went to a house to execute a search warrant. They found a
pistol on the table, but the pistol was not included in the search. Can they seize the
pistol?
a. Yes, if it unlicensed c. No, its not mala prohibita
b. No, if it is licensed d. Yes, its mala prohibita
_____ 30. The following are the requisites for a valid exercise of criminal jurisdiction,
except one.
a. Jurisdiction of the court
6