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Criminal Procedure Q and A 21
Criminal Procedure Q and A 21
PROCEDURE
Atty. AMADO P. AQUINO III
Success is thinking big, aiming
high, and shooting far. It’s
taking a dream and doing
anything, risking everything,
and stopping at nothing to
make it a reality
-Caroline Kent
QUESTION 1
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.
c. criminal procedure
QUESTION 2
It is an inquiry or proceeding to determine
whether there is sufficient ground to engender
a well founded belief that a crime has been
committed and the respondent is probably
guilty thereof, and should be held for trial.
a. inquest
b. preliminary investigation
c. criminal investigation
d. preliminary hearing
ANSWER
b. preliminary investigation
QUESTION 3
It 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.
a. mittimus c. information
b. affidavit d. complaint
ANSWER
d. complaint
QUESTION 4
It is an accusation in writing charging
a person with an offense, subscribed
by the prosecutor and filed with the
court.
a. information c. reply
b. affidavit d. complaint
ANSWER
a. information
QUESTION 5
Who must prosecute criminal actions?
a .fiscal c. police
b. judge d. community
ANSWER
a. fiscal
QUESTION 6
It is entity or body in which a portion
of judicial power is vested.
a. police c. prosecution
b. court d. corrections
ANSWER
b. court
QUESTION 7
The power to interpret laws is vested
with the -
a. judiciary
QUESTION 8
It is the authority given by law to a court or
tribunal to hear and determine certain
controversies involving rights which are
legally demandable and enforceable.
a. jurisprudence c. jurisdiction
b. venue d. power
ANSWER
c. jurisdiction
QUESTION 9
It is the questioning by law enforcement
officers of a SUSPECT taken into custody or
otherwise deprived of his freedom of action in
a significant way. It includes the practice of
issuing an “invitation” to a person who is
investigated in connection with an offense he
is suspected to have committed.
b. custodial
investigation
QUESTION 10
The following EXCEPT one are the
requisites for the exercise of criminal
jurisdiction
c. jurisdiction over
the thing
QUESTION 11
Jurisdiction over the person may be
acquired thru-
a. arrest or voluntary
surrender
QUESTION 12
The following EXCEPT one are criminal cases
covered under the Rules on Summary
Procedure
b. unlawful detainer
QUESTION 13
It is the court who has original jurisdiction over
public officials and employees classified as
grade “27” and higher who were charged with
violation of the Anti-Graft and Corrupt
Practices Act.
c. Sandiganbayan
QUESTION 14
Can a person charged with a capital offense be
allowed on bail?
a. capital offense
QUESTION 16
It is the 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 as required
under the conditions thereinafter specified.
a. recognizance c. surety
b. bond d. bail
ANSWER
d. bail
QUESTION 17
It is the formal mode and manner of
implementing the constitutional right
of an accused to be informed of the
nature and cause of accusation
against him.
d. arraignment
QUESTION 18
Where a preliminary investigation is required,
the criminal action is instituted
b. prejudicial
question
QUESTION 20
The holding of a preliminary investigation is
a constitutional right. This statement is
_____________.
a. partly true c. true
b. partly false d. false
ANSWER
d. false
QUESTION 21
It is the court that has jurisdiction
over crimes the imposable penalty of
which exceeds six (6) years,
regardless of fine.
b. rule against
duplicity of offenses
QUESTION 24
The right to bail is a constitutional
right. This statement is __________.
c. absolutely true
QUESTION 25
The following EXCEPT one are the
kinds of bail.
a. recognizance
b. property bond
c. corporate surety
d. bond to keep the peace
ANSWER
b. at anytime before
the accused enters his
plea
QUESTION 27
It is the adjudication by the court that the
accused is guilty or not guilty of the
offense charged and the imposition on him
of the proper penalty, and civil liability if
any.
a. judgment c. trial
b. decision d. promulgation
ANSWER
a. judgment
QUESTION 28
The following EXCEPT one may
conduct preliminary investigation.
c. MTC judge
QUESTION 29
Manny Nira was charged with malicious
mischief. A criminal complaint was filed
against him. He filed for application for
release on bail. Will the application be
granted?
a. Yes, bail in this case is a matter of right
b. Yes, everyone can avail of bail
c. No, the evidence of guilt is strong
d. No, the judge can deny it at his
discretion
ANSWER
a. arrest
QUESTION 33
When may an arrest be made?
a. at anytime of the day or night
b. during the day preferably before
lunch
c. during weekends
d. any day except during holidays
ANSWER
a. at anytime of the
day or night
QUESTION 34
It is the law which enumerate the
rights of the person arrested,
detained, or under custodial
investigation.
a. RA 6713 c. RA 7610
b. RA 7438 d. RA 9165
ANSWER
b. RA 7438
QUESTION 35
Any confession or admission made in
violation of the rights of the accused shall
be ___________________ .
a. inadmissible in
evidence against the
accused
QUESTION 36
It is an order in writing issued in the name of
the People of the Philippines, signed by the
judge and directed to a peace officer,
commanding him to search for personal
property described therein and bring it before
the court.
a. search warrant
QUESTION 37
The following EXCEPT one are the personal
properties that may be seized by virtue of a
search warrant.
a. property subject of the offense
b. stolen or embezzled and other proceeds
c. used or intended to be as the means of
committing an offense
d. property which the are not insured
ANSWER
a. during daytime
b. at anytime of the day or night
c. during nighttime
d. on weekends
ANSWER
a. during daytime
QUESTION 39
The following EXCEPT one are the
instances of warrantless search and
seizure.
a. customs search
b. plain view search
c. Terry search
d. hide and search
ANSWER
a. true c. false
b. it depends d. immaterial
ANSWER
a. true
QUESTION 41
It is the means by which the accused
is lured into the commission of an
offense charged in order to prosecute
him.
a. conspiracy c. entrapment
b. buy-bust operation d. instigation
ANSWER
d. instigation
QUESTION 42
Zedric, a scion of the richest family in the Philippines was
charged with unjust vexation. He filed a motion to
release on bail. Judge Kupal set the bail at P1,000,000.
Is the amount of bail reasonable?
d. corporate surety
QUESTION 44
This is an obligation of record entered into
before some 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.
c. recognizance
QUESTION 45
Bail is a matter of right in the following instances,
EXCEPT
d. none of the
above
QUESTION 46
It the quantum of proof in criminal
cases.
a. proof beyond unreasonable doubt
b. proof beyond reasonable doubt
c. preponderance of evidence
d. substantial evidence
ANSWER
a. proof beyond
unreasonable doubt
QUESTION 47
It is the right against being forced or
compelled to be a witness against
oneself.
d. subpoena duces
tecum
QUESTION 50
Where must the arraignment be made?
a. the judge
QUESTION 52
Mayor Sanchez was arrested 46 days after the
commission of the alleged rape of Mary Eileen Sarmenta
and the killing of Allan Gomez and Sarmenta. He was
arrested before warrants were issued. Is the arrest valid?
d. right to confrontation
QUESTION 58
It is otherwise known as the Speedy
Trial Act of 1998.
a. RA 8493 c. RA 8353
c. RA 9165 d. RA 8551
ANSWER
a. RA 8493
QUESTION 59
Pre- Trial in criminal cases is
mandatory. The statement is
___________.
a. True
b. False
c. Maybe
d. Cannot be ascertained
ANSWER
a. True
QUESTION 60
When shall trial commence after
arraignment of the accused?
a. within 30 days from arraignment as fixed
by the court
b. after the first hearing
c. within the time as determined by the
court
d. within 30 days from the date of the pre-
trial
ANSWER
a. Yes
b. No
c. It depends
d. Cannot be ascertained
ANSWER
b. No
QUESTION 62
During the arraignment of Pinggoy Eastrada for
plunder, he refused to enter his plea. What is the
remedy of the court, if any, in this instance?
a. none
b. the Court shall enter a not guilty plea for him
c. the Court shall order him detained inside the
judge's chamber and force him to sign a waiver
d. the Court shall sentenced him immediately
without trial
ANSWER
b. general warrant
QUESTION 64
Where is the venue of criminal case?
a. Inquest
QUESTION 67
What is the formal mode and manner of
implementing the constitutional right of the
accused to be informed of the nature and cause of
accusation against him?
a. pre- trial
b. arraignment
c. preliminary investigation
d. trial
ANSWER
b. arraignment
QUESTION 68
The following except one are the
instances of warrantless search.
c. insisted search
QUESTION 69
What is the effect of the death of the accused before
arraignment?
a. the case shall be dismissed but the offended
party may file proper civil action against the
estate of the deceased.
b. the case shall continue and the deceased may
be convicted
c. the civil and criminal liability of the accused
shall be terminated
d. the accused shall be acquitted
ANSWER
a. the case shall be dismissed
but the offended party may
file proper civil action
against the estate of the
deceased (Sec. 4, Rule 111)
QUESTION 70
As a general rule, where should an
application for bail be filed?
a. True
b. False
c. Partly true
d. Partly false
ANSWER
b. False
QUESTION 74
A search warrant was issued to SPO1 Pakialamero
directing him to search and to seize any
contrabands inside the warehouse of Tado. SPO1
Pakialamero regularly conducted surveillance on
the area. On the eleventh day after the search
warrant was issued, he together with his team
decided to raid the warehouse. They confiscated
several sacks of marijuana. Is the search and
seizure valid?
a. No c. Maybe
b. Yes d. It depends
ANSWER
a. No
QUESTION 75
The right to preliminary
investigation may be waived. This
statement is _____________.
a. True c. False
b. Doubtful d. Probable
ANSWER
a. True
QUESTION 76
It is the law otherwise known as the
“Witness Protection Program”.-
a. RA 9681
b. RA 6891
c. RA 9168
d. RA 6981
ANSWER
d. RA 6981
QUESTION 77
It is the Judiciary Reorganization Act
of 1980.-
a. B.P. Blg. 22
b. P.D. 618
c. RA 6975
d. B.P. Blg. 129, as amended
ANSWER
a. the accused
b. the Court
c. the complainant
d. the prosecution
ANSWER
d. the prosecution
QUESTION 80
All the time, any party may appeal
from a judgment or final order. This
statement is ___________.
a. Absolutely true
b. Relatively false
c. Absolutely false
d. Relatively true
ANSWER
c. Absolutely false
QUESTION 81
The two types of accusatory pleading which may be
filed in court to commence criminal actions.
a. Complaint or information
b. Motion to Quash or Motion to Postpone
c. Affidavit and Answer
d. Question and Answer
ANSWER
a. Complaint or Information
QUESTION 82
It is the person against whom or against whose
property the crime was committed.
a. Offender
b. Offended party
c. Guilty party
d. Accused
ANSWER
b. Offended Party
QUESTION 83
It is an informal summary investigation conducted
by the public prosecutor in criminal cases
involving persons arrested and detained without
the benefit of a warrant of arrest issued by the
court for the purpose of determining whether or
not such persons should remain under custody
and correspondingly be charged in court.
a. Inquest c. Outquest
b. Conciliation d. Mediation
ANSWER
a. Inquest
QUESTION 84
It is a legal remedy available to the accused to
enable him properly to plead and prepare for
trial. This motion is filed before arraignment
and shall specify the alleged defects of the
complaint or information and the details desired.
a. Motion to Quash
b. Motion for Bill of Particulars
c. Motion to Dismiss
d. Motion to Arrest
ANSWER
c. Appeal
QUESTION 86
The private counsel has the direct control and
supervision of prosecuting criminal cases. This
statement is ___________________.
a. Relatively true
b. Absolutely true
c. Relatively false
d. Absolutely false
ANSWER
d. Absolutely false
QUESTION 87
Is that branch of law which prescribes the
method of enforcing rights or obtaining
redress for their invasion.
a. Adjective Law
b. Remedial Law
c. Substantive Law
d. Either a or b
e. All of the above
ANSWER
d. Either a or b
QUESTION 88
The law which creates, defines and regulates
rights.
a. Adjective Law
b. Remedial Law
c. Substantive Law
d. Either a or b
e. All of the above
ANSWER
c. Substantive Law
QUESTION 89
Is the Rules of Court a law?
a. Political power
b. Administrative power
c. Congressional power
d. Judicial Power
ANSWER
d. Judicial Power
QUESTION 91
The following except one are the sources of
Criminal Procedure.
a. Venue c. Territory
b. Jurisdiction d. Address
ANSWER
a. Venue
QUESTION 92
It is the system in criminal procedure where the
detection and prosecution of crimes are left to the
initiative of officials and agents of the law. This
procedure is characterized by secrecy and the
judge is not limited to the evidence brought
before him but could proceed with his own
inquiry which is not confrontative.
a. Inquisitorial System
QUESTION 93
This refers to the procedure which is confrontative
and the trial is publicly held and ends with the
magistrate rendering the verdict. The accusation
is exercised by every citizen.
b. Accusatorial System
QUESTION 94
This is a combination of the inquisitorial and
the accusatorial system. It characterizes the
criminal procedures observed in the
Philippines.
d. Mixed System
QUESTION 95
This refers to the authority of the court to hear
and try a particular offense and impose the
punishment.
a. Jurisdiction
b. Criminal Procedure
c. Criminal Jurisdiction
d. Power
ANSWER
b. Criminal Procedure
QUESTION 96
The courts which has jurisdiction over offenses
punishable by imprisonment for a period of
six (6) years or less.
a. True.
b. False.
c. True. RTC is a court of general jurisdiction.
d. False. RTC cannot deprive the MTC of its
jurisdiction over drugs cases
ANSWER
a. True
QUESTION 100
For offenses requiring preliminary
investigation, where is the complaint or
information filed?
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