criminal procedure by charlemagne james p. ramos

QUESTION AND ANSWER INCRIMINAL LAW AND JURISPRUDENCE

CRIMINAL PROCEDURESET 2

By: Charlemagne James P. Ramos

1. What do you call the record of the court where theproceedings of the court or the judgment of the court isrecorded in case the accused failed to appear for thepromulgation of judgment despite notice

A. Log bookB. Record bookC. Criminal docket bookD. Folio of the case.

1. What do you call the record of the court where theproceedings of the court or the judgment of the court isrecorded in case the accused failed to appear for thepromulgation of judgment despite notice

A. Log bookB. Record bookC. Criminal docket bookD. Folio of the case.

2. Criminal cases where the penalty prescribed by law forthe offense charged does not exceed six months fall underthe rule on

A. Regular procedureB. Summary procedureC. Criminal procedureD. Civil procedure

2. Criminal cases where the penalty prescribed by law forthe offense charged does not exceed six months fall underthe rule on

A. Regular procedureB. Summary procedureC. Criminal procedureD. Civil procedure

3. It refers to a territorial unit where the power ofthe court is to be exercised.A. JurisdictionB. Trial courtsC. VenueD. Territory

4. It is the examination before a competent court ortribunal, according to the laws of the land, of thefacts in issue for the purpose of determining suchissue.A. Pre – TrialB. ArraignmentC. New TrialD. Trial

5. If the accused appears to be suffering from an unsoundmental condition, which effectively renders him unable tofully understand the charge against him to pleadintelligently.

A. The criminal charged must shall be dismissedB. The arraignment shall be suspendedC. The trial shall be suspendedD. All of the foregoing

5. If the accused appears to be suffering from an unsoundmental condition, which effectively renders him unable tofully understand the charge against him to pleadintelligently.

A. The criminal charged must shall be dismissedB. The arraignment shall be suspendedC. The trial shall be suspendedD. All of the foregoing

6. The following are included as a reason for thepostponement of trial:I. That the witness is really material to which the courts agreesII. That no similar evidence could be obtained without negligenceon the party applying for postponementIII. That the court docket is fullIV. That the prosecutor is sick

A. I and II only C. I onlyB. III only D. I,II,III,IV

6. The following are included as a reason for thepostponement of trial:I. That the witness is really material to which the courts agreesII. That no similar evidence could be obtained without negligenceon the party applying for postponementIII. That the court docket is fullIV. That the prosecutor is sick

A. I and II only C. I onlyB. III only D. I,II,III,IV

7. In determining the probable cause, it is required thatA. The judge must examine the complaint and hiswitnesses personallyB. The examination must be under oathC. The examination must be in writing in the form ofsearching questions and answersD. All of the foregoing

8. The following are the requisites for the issuance of asearch warrant EXCEPTA. It must be issued upon probable causeB. The probable cause must be determined personallyby the judgeC. Particularly describing the place to be searchedD. Particularly describing the person to be seized

9. The following statements are false, EXCEPTA. The accused may enter his plea by counselB. The accused must personally enter his pleaC. The accused may excuse/waive arraignmentD. The accused may be arraigned in a court other thanwhere the case is assigned

10. It is the way or method fixed by law for theapprehension and prosecution of persons suspected orhaving committed a crime. It includes the imposition ofpenalty in case of conviction. What is it?A. Criminal procedure C. accusatorial systemB. Inquisitorial scheme D. civil code

11. Maybe defined as the security given for the release ofa person in custody of law, furnished by him or abondsman, to guarantee his appearance before any courtas required under the conditions herein specified.A. PardonB. BailC. ProbationD. Parole

12. In what instances is a warrant of arrest is notnecessary?A. If the accused is already under detentionB. If the complaint or information was filed afterthe accused was lawfully arrested without warrantC. When the penalty is fine onlyD. All of the Foregoing

13. One of the following is not included as a reason forthe postponement of trial.I. That the witness is really material to which the courtsagreesII. That no similar evidence could be obtained withoutnegligence on the party applying for postponementIII. That the court docket is fullA. I and II C. I and IIIB. III only D. II only

14. When a court is satisfied, upon proof or oath,that a material witness will not testify whenrequired, it may upon motion of either party orderthe witness to __________A. To be excused.B. To post bail.C. To be included in the information.D. To be arrested.

15. During the pending of his case, X died due toheart attack. His untimely death resulted inA. Postponement of the caseB. Suspension of the caseC. Dismissal of the caseD. None of the above

16. It is defined as an accusation in writing charginga person with an offense subscribed by the fiscaland filed with the court.A. InformationB. ComplaintC. ActionD. Police blotter

17. Are search warrants by the courts of lawalways issued in the name of the Philippines?A. no C. possibleB. it depends D. yes

18. The offender who is still undergoing preliminaryinvestigation at the prosecutor’s office is referred toasA. RespondentB. SuspectC. AccusedD. Defendant

19. In this jurisdiction, when two or more accusedare jointly charged with any offense, they shall betried jointly. Separate trial is _________A. Within sound discretion of the court.B. A constitutional requirement.C. Statutory requirement.D. Mandatory.

20. After arraignment, the accused failed to appearin the subsequent trial dates. The trial can proceedeven in the absence of the accused and suchsituation is termed as what?A. absent accused C. trial in absentiaB. escaped accused D. trial on merit

21. What doctrine does not allow evidenceobtained by the police officers in an illegal searchedand seizures to be used against the accused?A. Exclusionary doctrineB. Miranda rulingC. Fruit of poisonous treeD. Silver plater

22. In the preceding question what if it allows theevidence obtained by the police officers in an illegalsearched and seizures to be used against theaccused?A. Exclusionary doctrineB. Miranda rulingC. Fruit of poisonous treeD. Silver plater

23. To be state witness, one of the accused mustvoluntarily execute a sworn statement in support ofhis discharge. If the court denies the motion todischarge said accused filed before the prosecutionrest its case, his sworn statement shall be as_______________A. Admissible in evidence.B. Inadmissible evidence.C. Admitted as material evidence.D. Conditionally admitted as material evidence.

24. Under our existing criminal procedure, whoautomatically enter a plea of not guilty if theaccused refuse to plea?A. prosecutor C. courtB. guardian D. defense lawyer

25. In the preceding question, the on its owninitiative or automatic plea made is called as?A. Motu proprio C. trial on meritB. Non bis in idem D. De officio

26. The number of days the accused has to prepare for trial after a plea of not guilty is entered.A. At least 30 daysB. At least 15 days C. At least 20 daysD. At least 60 days

27. In the preceding question, after the plea of guilty wasmade the trial shall commence _________A. Within 30 days from receipt of the pre‐trial order.B. Within 45 days from receipt of the pre‐trial order.C. Within 20 days from receipt of the pre‐trial order.D. Within 15 days from receipt of the pre‐trial order.

28. Under the penal laws and jurisprudence, all criminalprosecutions in the entire country shall be done by theprosecutor. Is there an instant where a private lawyer hiredby the victim can prosecute a case even without thepresence of the public prosecutor? The answer is yes,however, the said private lawyer shall secure writtenauthority from the city prosecutor to what?A. Behave C. continueB. Defend D. prosecute

29. This requirement imports the degree of proofnecessary to convict an accused of the crime oftreason consisting of the testimony of two witnessesto the same over act.A. Dangerous tendency ruleB. All of the foregoingC. Two witness ruleD. None of the foregoing

30. The status of an essential witness whenever hiswhereabouts are unknown or his whereaboutscannot be determined by due diligence.A. UnavailableB. AbsentC. HostileD. Adverse

31. In putting up self‐defense in criminalprosecution, as prober, you have to determine theexistence of the most important element which iswhat?A. deliberate C. motiveB. actual killing D. unlawful aggression

32. One reason for the re‐opening of trial of a case.A. The case is appealableB. Newly discovered evidenceC. The appearance of an essential witnessD. To avoid miscarriage of justice upon motion andwith hearing

33. Pre‐trail conference in criminal cases ismandatory. One of the matters that should be takenduring the said proceeding is stipulation andadmission of facts. The purpose of entering into astipulation or admission of facts is to what?A. Ensure justice and fair playB. making sure of factsC. expedite trialD. corroborate either side party

34. The law that prescribes certain rights of a personarrested, detained or under custodial investigationand the guidelines, procedure and responsibilities ofthe arresting, detaining and investigating officer isA. B.P. 129, as amendedB. R.A 7691C. R.A. 8294D. R.A. 7438

35. After the prosecution has rested its case, theaccused file a motion to dismiss, with or withoutleave of court; this rule is known as:A. Bill of particularsB. Demurrer to evidenceC. Summary proceedingD. Motion to quash

36. The right to bail is a matter of right except whenthe accused is charged with a capital offense andthe evidence of guilt is what?A. enough C. divisibleB. strong D. determined

37. The purpose of the habitual delinquency law isto confine the prisoner for a longer period of timefor the purpose of protecting the?A. Witnesses C. complaintB. Victim D. society

38. The entire trial period should not exceed______ from the first day of trial, except ifauthorized by special law or by the SC circulars.A. 120 days C. 90 daysB. 180 days D. 60 days

39. In habeas corpus proceedings, any person mayapply for a writ on behalf of the aggrieved part. Theimportant issue in such a case is deprivation ofone’s?A. Honor C. libertyB. reputation D. property

40. Requisite before recall of a witness.A. Leading QuestionB. Misleading QuestionC. ImpeachmentD. Leave of Court

41. What is this search warrant wherein it fails tosufficiently specify the place or person to besearched or things to be seized?A. General C. aliasB. borderless D. major

42. As a general rule, the silence of the accused shouldnot prejudice him the following are exception:I. If the prosecution has already established a prima faciecaseII. If the defense of the accused is an alibiIII. If the defense of the accused is self‐defense

A. I and II C. I onlyB. II only D. III only

42. As a general rule, the silence of the accused shouldnot prejudice him the following are exception:I. If the prosecution has already established a prima faciecaseII. If the defense of the accused is an alibiIII. If the defense of the accused is self‐defense

A. I and II C. I onlyB. II only D. III only

43. When a person is lawfully arrested without a warrant ofarrest involving an offense, which requires a preliminaryinvestigation, the complaint or information may be filedwithout need of such investigation, provided an _______ hasbeen conducted in accordance with existing law orprocedureA. Preliminary investigationB. Preliminary examinationC. Inquest proceedingD. Fact finding investigation.

44. Under the revised rule on summary procedure,the filing of criminal cases falling within the scope ofthat rule shall be either by complaint or what?A. Indictment C. informationB. charge sheet D. None

45. After the prosecution rested its case, the accused filed ademurrer to evidence. Would double jeopardy be a validdefense if he charged again with the same offense against?A. Yes, because the dismissal is tantamount to acquittal.B. Yes, the case was not terminated on its own merits.C. No, because the dismissal is with his consent or upon hisown motion.D. No, The case was not terminated on its merits hencedouble jeopardy is not a valid defense.

46. If the accused refuses to plea the accusationduring arraignment, what will be the automatic pleato be entered?A. Denial C. waiverB. not guilty D. guilty

47. The person, who is authorized by law to grantprobation to an accused convicted of a crime, isA. President of the PhilippinesB. Director of PrisonsC. Trial Court JudgeD. Jail Warden

48. When the judge directed the prosecutor to‘qualify the witness’, what does it mean? Witness is?A. To take an oathB. An expert witnessC. Ready for trialD. Due for cross examination

49. At the hearing of an application for admission tobail, the __________ has the burden of showing thatthe evidence of guilt is strong.A. ProsecutionB. DefenseC. CourtD. Bailiff

50. The Judiciary Reorganization Act is otherwiseknown asA. PD 1612B. BP 186C. RA 7695D. BP 129

51. It is the adjudication by the court that theaccused is guilty or not guilty of the offensecharged, and the imposition of the proper penaltyand civil liability provided for by law on the accused.A. Sentence C. AcquittalB. Interlocutory D. Judgment

52. If the motion to quash is based on an allegeddefect in the complaint/information, the court shallorder its?A. Amendment C. accuracyB. culpability D. particulars

53. In a judgment of acquittal, the court has____________I. Authority to reprimandII. No authority to reprimand the accusedIII. Authority to call a conference the counsels of theprosecution and defenseA. I only C. II onlyB. I and III D. III only

54. Under the rules of court, the lifetime of asearch warrant is how many days from itsissuance?A. 5 b. 10 c. 20 d. 8

55. In case of acquittal, the judgment shall make a findingon the civil liability of the accused in favor of the offendedparty, the following are exception:I. The guilty party die before judgment.II. The guilty party die after judgment.III. There is a clear showing that the act from which the civilliability might arise did not exist.IV. There is a clear showing that the act from which the civilliability might arise did exist.

A. I and III only C. I,II,IIIB. I only only D. II and III only

55. In case of acquittal, the judgment shall make a findingon the civil liability of the accused in favor of the offendedparty, the following are exception:I. The guilty party die before judgment.II. The guilty party die after judgment.III. There is a clear showing that the act from which the civilliability might arise did not exist.IV. There is a clear showing that the act from which the civilliability might arise did exist.

A. I and III only C. I,II,IIIB. I only only D. II and III only

56. The number of days the accused has to preparefor trial after a plea of not guilty is enteredA. Within 30 daysB. Within 45 daysC. Within 15 daysD. All of the above

57. The accused pleaded guilty when arraigned. However,since the charge is a capital offense, the court directed theprosecution to present its star witness. In the middle of thetestimony of the eyewitness, the accused changed his mindand requested the trial court to allow him to change his pleaof ‘guilty’ to ‘not guilty’. Is it legal?A. NoB. YesC. possibleD. it depends

58. In the preceding question the accused maychange only due to what?A. Mistake of factB. Palpable mistakeC. Misapprehension of factsD. Ignorance

59. A person designated to assist destitute litigants.A. Counsel de parteB. Attorney at lawC. Attorney on recordD. Counsel de officio

60. What do you call the wooden hammer likeinstrument being used by judges during hearings?A. GavelB. shaverC. swivelD. mallet

61. What is the stage of the proceedings in courtwhere the plea bargaining, stipulation of facts,markings of exhibits, etc are considered ordiscussed?A. Pre‐trial conferenceB. TrialC. ArraignmentD. Preliminary conference

62. When the evidence presented in court duringtrial by the State and the accused are of equalweight, which will prevail?A. It dependsB. AccusedC. StateD. None

63. At what time may the accused move to quashthe complaint or information?A. At any time before his arrestB. Only after entering his pleaC. At any time before entering his pleaD. All of the foregoing

64. The degree of proof required to establish thecrime is similar to that of establishing conspiracy andthat is proof beyond reasonable?A. Necessity C. doubtB. Motive D. fault

65. The allegation in the complaint or information ofthe place where the offense was committeddetermines the:A. TrialB. ProceedingsC. VenueD. Plea

66. A solemn and formal declaration or assertionthat the witness will tell the truth is called:A. StatementB. PromiseC. AffirmationD. Declaration

67. It is concerned with the procedural steps throughwhich a criminal case passes, commencing with the initialinvestigation of a crime and concluding with theunconditional release of the offender.A. EvidenceB. Criminal procedureC. Criminal lawD. Crime

68. It is a generic term used to describe the networkof laws and rules which govern the proceduraladministration of criminal justice.A. EvidenceB. Criminal procedureC. Criminal lawD. Crime

69. It is the authority to hear and decide a particularoffense and impose punishment for it.A. JurisdictionB. Criminal JurisdictionC. Police powerD. All of the above

70. It is the authority to hear and try a case.A. JurisdictionB. Criminal JurisdictionC. Police powerD. All of the above

71. judgment become final after the lapse of theperiod forA. Presentation of evidence by the prosecutionB. Presentation of evidence by the defensecounselC. Perfecting an appealD. All of the foregoing

72. In order for a court to validly exercisejurisdiction the following must be present:I. Jurisdiction over the person of the accusedII. Jurisdiction over the subject matterIII. Jurisdiction over the territoryIV. Jurisdiction the caseA. I, II, III C. I and IIB. I and III D. I,II, III, IV

73. _______ are cases of the general class where theproceedings in question belong as determined by thenature of the offense and the penalty imposed bylaw.A. Jurisdiction over the person of the accusedB. Jurisdiction over the subject matterC. Jurisdiction over the territoryD. Jurisdiction the case

74. ________ is the geographical limits of theterritory over which the court presides and wherethe offense was committed.A. Jurisdiction over the person of the accusedB. Jurisdiction over the subject matterC. Jurisdiction over the territoryD. Jurisdiction the case

75. ________ is acquired thru arrest (with warrant orwarrantless) or by voluntary surrender.A. Jurisdiction over the person of the accusedB. Jurisdiction over the subject matterC. Jurisdiction over the territoryD. Jurisdiction the case

76. A complaint is one which:A. Is a sworn written statement charging a person withan offenseB. Is Executed and Subscribed by the Offended Party, Anypeace officer, or Other public officer charged with theenforcement of the law violated.C. Is may be filed in the Prosecutors office or directly tothe courtD. All of the above

77. Any lawyer or members of the bar shall, at the requestof the person arrested or of another acting in his behalf,have the right to visit and confer privately with suchperson, in jail or any other place of custody atA. Any hour of the working day onlyB. Any hour of the day or, in urgent cases, of the nightC. Any hour of Saturdays and SundaysD. Any hour of the designated visiting day only

78. A complaint is subscribed and executed by thefollowing:A. Offended PartyB. Any peace officerC. Other public officer charged with theenforcement of the law violated.D. All of the above

79. An information is one which:A. Is an accusation in writingB. Is subscribed by the ProsecutorC. Is filed with the courtD. All of the above

80. A complaint and information are both_________A. In writingB. In the name of the People of the PhilippinesC. Directed against all persons who appear to beresponsible for the offense involvedD. All of the above

81. Refers to the family history or descendant transmitted from one generation to another.A. PedigreeB. ReputationC. PriviesD. None of the above

82. The complaint or information should state thefollowing EXCEPTA. Name of the offended partyB. The designation of the offense by the stateC. Name of the accusedD. Name of the court

83. A complaint or information is sufficient in form if itstates the following:I. The Name of the accusedII. The Designation of the offense given by the statuteIII. The Acts or omissions complained of as constituting theoffenseIV. The Name of the offended partyV. The Approximate date of the commission of the offenseVI. The Place where the offense was committed.A. I,II,III,IV,V,VI C. I,II,III,IVB. I,II,III,IV,V D. I,II,III

84. The following are elements of complaint orinformation :I. Formal elementsII. Substantive elementsIII. Designation elementsA. I and II only C. I onlyB. I, II, III D. II only

85. A complaint or information is sufficient insubstance if it does contain any of the defects whichis a ground for a motion to quash. This statement is.A. Correct C. incorrectB. Partially correct D. It depends

86. What administrative matter was the Revised Rules ofCriminal Procedure promulgated by the Supreme Court ofthe Philippines as part of the rules of court?A. A.M. No. 00‐05‐03‐SCB. A.M. No. 02‐2‐07‐SCC. A.M. No. 05‐8‐26‐SCD. B.P. 129

87. In the preceding number on what date it waspromulgated?A. December 1, 2000B. December 8, 2001C. December 1, 2001D. December 2, 2000

88. It refers to the final determination by a Court ofcompetent jurisdiction of the issues submitted to in acase such that after it is issued, the case ends if thelosing party does not appeal.A. Interlocutory orderB. SummonsC. SubpoenaD. Judgment

89. It is a doctrine usually applied where the policeofficers is not searching for evidence against theaccused but nonetheless inadvertently come acrossincriminating objects.A. Waiver or consented searchB. Stop and friskC. In flagrante delictoD. Plain view

90. The following are the requisites of an informationexceptA. It must be filed by the offended partyB. It must charge the person with an offenseC. It must be subscribed by the prosecutorD. It must be in writing

91. What if the offended party is a corporation,how do you indicate it in the complaint orinformation?A. Leave it blankB. State the name of the corporationC. Aver it in the charge sheetD. State the name of the owner of the corporationand the member who are guilty

92. What is the order of reverse trial?A. Prosecution‐Defense‐Rebuttal‐Submission fordecisionB. Rebuttal‐Defense‐Prosecution‐Submission fordecisionC. Defense‐Prosecution‐Rebuttal‐Submission fordecisionD. Submission for decision‐Rebuttal‐Prosecution‐Defense

93. After the cross examination of the witness, whatis the next procedure?A. Direct examinationB. Re‐direct examinationC. Cross examinationD. Re‐cross examination

94. In the preceding question, what if the offender isthe corporation how do you indicate it in thecomplaint or information?A. Leave it blankB. State the name of the corporationC. Aver it in the charge sheetD. State the name of the owner of the corporationand the member who are guilty

95. Offenses involving criminal negligence wherethe penalty of fines does not exceed a fine ofP10,000.00 is within the coverage of this rule.A. Regular procedureB. Ordinary procedureC. Summary procedureD. Any of the following

96. The personal evaluation of the judge after thefiling of a case in court for the purpose ofdetermining the existence of a probable cause forthe issuance of a warrant of arrest.A. Preliminary investigationB. Preliminary examinationC. Criminal investigationD. Inquest proceeding

97. The pre‐marking of evidence of the parties foridentification purposes are supposed to be madeduring this stage of the proceedingsA. ArraignmentB. Trial properC. Pre‐trial conferenceD. Direct examination

98. An extra‐judicial confession made by an accusedshall not be sufficient and admissible unless it is inA. WritingB. Voluntarily givenC. Presence of his counselD. All of these

99. Criminal actions requires preliminaryinvestigation by the proper officers where theprescribed penalty at leastA. 6 months and 2 daysB. 4 years 2 months and 1 dayC. 6 years 2 months and 1 dayD. 4 years and 1 day

100.An application for a search warrant can be madein any court of the Philippines which has jurisdictionover the subject matterA. Wholly trueB. Partly trueC. Wholly falseD. Partly false

*** END ***

“REPETITION IS THE KEY ON MEMORIZING”.

criminal procedure by charlemagne james p. ramos

Education

charlemagne and the franks

begin with smarthistory charlemagne: an introduction (1 of...

biographie charlemagne fossé d'arcosse

middle ages 500- 1500 ms. ramos. pope crowns charlemagne...

moïse charlemagne hammurabi

from augustine to charlemagne

1 l’empereur charlemagne -...

the first medieval synthesis. charlemagne post-charlemagne...

charlemagne, andrei,adrian,claudia

lycée charlemagne - paris

evidence by charlemagne james p. ramos

charlemagne after charlemagne … word - program.docx...

charlemagne, feudalism, and chivalry

karl der große / charlemagne

charlemagne - origin science

legends of charlemagne · charlemagne by thomas bulfinch...

st charlemagne

life after charlemagne

brown mohammed and charlemagne

charlemagne sans barbe fleurieternommecommunesoldatsà