CRIMINAL PROCEDURE It is defined as a method fixed for the apprehension and prosecution of person alleged to have committed a crime. a. criminal procedure b. criminal jurisprudence c. rules of court d. rules of procedure It refers to the authority of power to hear and decided cases. a. jurisdiction b. jurisprudence c. venue d. territory The word jurisdiction was derived from the Latin word _____ and _____ which means I speak by the law? a. juris and prudence b. juris and dico c. legis and dico d. jurist and dictum It refers to the geographical division or territorial limit where the power of the court is exercised and which is jurisdictional in criminal case. a. venue b. jurisprudence c. jurisdiction d. court It is the authority to hear or try the case for the first instance. a. original jurisdiction b. exclusive jurisdiction c. concurrent jurisdiction d. appellate jurisdiction It is the sole authority to hear cases to the exclusion of the others. a. original jurisdiction b. exclusive jurisdiction c. concurrent jurisdiction d. appellate jurisdiction It is the system of criminal procedure which is characterized by secrecy of investigation and the option of the defense and prosecution to appeal. a. inquisitorial b. mixed c. accusatorial d. fixed It is the system of criminal procedure which is conducted either at the initiative of the public prosecutor of the offended party and the right to appeal are limited to the defense. a. inquisitorial b. mixed c. accusatorial d. fixed The law expanding the jurisdiction of the MTC, MTCC, MCTC. a. RA 7691 b. RA 8493 c. BP 129 d. RA 1379 In criminal cases, what determine the jurisdiction of court, EXCEPT: a. Extent of penalty b. Person accused c. Territory d. Subject matter How criminal actions are instituted? a. for those crime subject by preliminary investigation, by filing the complaint to the proper officer b. by filing complaint directly to the municipal trial court or municipal circuit trial court c. by filing a complaint at the office of the prosecutor d. any of the following. In the City of Manila and chartered cities, criminal complaint shall be filed at: a. the Metropolitan trial court b. Office of the prosecutor c. Office of the Ombudsman d. Office of the public Attorney Sworn statement, subscribed by offended party, any peace officer of public officer in charged of enforcement of the law violated filed either to the court or to the office of the prosecutor. a. Complaint b. Pleadings c. Information d. affidavit Prescription of offense commence to run: Upon discovery of the crime by the offended party or peace officers or their agents Upon filing of cases in court Upon escaped of the accused Upon re-appearance of the accuse The following are cases covered by rules on summary procedure EXCEPT: When the penalty is six (6) months imprisonment Violation of traffic laws Violation of rental las Where the penalty does not exceed six (6) months imprisonment The following offenses cannot be prosecuted by the office without a complaint first filed by the offended party, EXCEPT: Rape Abduction Seduction Adultery and concubinage A crime of adultery can be filed by the parents of the offended spouse. Yes No Maybe Doubtful Complaint or information shall charge only one offense. This is the rule on: Duplicity of offense Complex crime Compound crime Continuing crime Atty. Mel is a private lawyer, due to the absence of the public prosecutor he directs the prosecution of the case. Is atty. Mel right in doing so? Yes, because as private lawyer of the offended party he has authority to do so. Yes, because he represents the offended party No, because he was not authorized in writing by the chief prosecution office or Regional state prosecutor No, because only public prosecutor can prosecute criminal offenses in all cases These are crimes that are generally cannot be prosecuted de office, without complaint filed by the offended party: Public order crime Victimless crime Public crime Private crimes The following are requisites of a valid information, EXCEPT: It is a written accusation It is signed by the prosecutor It must charged a person with an offense It is subscribed by the offended party and filed with the court Complaint and information can be amended as to _____ as to plea and during the trial with leave of court and without causing prejudice to the rights of the accused. Form Substance and form Substance None of these Civil action arising from the offense is deemed instituted with the criminal action unless: Offended party waives the civil actions Reserves the right to instituted it separately Institutes the civil action prior to the criminal action All of these A petition for suspension of criminal action upon the pendency of a prejudicial question in a civil action may be file: Before the prosecution rests Before arraignment Before preliminary investigation Before plea Is that in which 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 Inquest proceeding Preliminary investigation Inquest proceeding 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. Preliminary investigation Inquest proceeding Prejudicial question Custodial investigation It is an informal or summary investigation conducted by the public prosecutor in criminal cases involving person arrested and detained without the benefit of a warrant of arrest, for the purpose of determining whether or not such person should remain under custody and correspondingly be charged in court. Preliminary examination Custodial investigation Preliminary investigation Inquest proceeding Preliminary investigation is conducted on cases punishable by: At least four (4) years, two (2) months, and one (1) day More than four years, two months and one day Less than four years, two months and one day Six years, one day and above The following person are authorized to conduct preliminary investigation, EXCEPT: Judges of Metropolitan Trial Court Provincial and City prosecutors and their assistants Judges of the Municipal Trial Court and Municipal Circuit Trial Court National and regional state prosecutors; and A and c After the filing of the complaint or information in court without a preliminary investigation within how many days an accused person upon knowing the filing of said complaint may ask for preliminary investigation? 5 days 15 days 10 days 30 days PO1 Magsaysay was in a police station, when a man complained that he was beaten by a baseball bat by a certain John young, PO1 immediately went to the house of the said suspect and arrested Mr. John Young stating that a complaint was filed against him. Is the arrest valid? Yes, because that is a case of hot pursuit Yes, because it is a valid warrantless arrest No, arrest for the purpose of determining whether the person really commits the crime is an in valid arrest No, because Mr. Young was not been informed of his constitutional rights Is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. Arrest Warrant Jurisdiction Seizure Validity of the warrant of arrest? No fixed duration 30 days 20 days 10 days Validity of search warrant? 10 days 20 days 5 days No fixed duration Within how many days upon the date of execution of a warrant of arrest the person charged with its execution shall report to the court which issue such warrant when arrest was not been made? 10 days 30 days 20 days 5 days It refers to the ways and means of trapping and capturing the law breakers in the execution of their criminal plan. Instigation Investigation Entrapment Entertainment In flagrante delicto means _____? Caught in the act Instigation Caught after commission Entrapment When arrest maybe made? At any time at the day and night At day time At night time From sun dust till dawn In people vs. Pinzon under what Constitutional mandates an arresting officer should inform the person to be arrested of his rights? Art III Section 12 Miranda doctrine RA 7438 Rule 115 When making an arrest the arresting officer _____ the warrant of arrest in his possession? Need not have Should always have May sometimes have Need to have It refers to the questioning initiated by law enforcement officer after a person has been taken into custody. Custodial investigation Inquest Interview Interrogation Under what circumstances arrest can be made even without a warrant? When the crime was committed in the presence of the arresting officer When the crime was in fact been committed and there is personal knowledge based on probable cause that the person to be arrest has committed it When the person to be arrested is an escape All of these PO1 Mahusay authorized by a warrant of arrest forcibly entered the house of the suspect after he was refused to enter. He successfully arrested the suspect. Is the act of breaking into the dwelling made by PO1 Mahusay valid? No, it is an abuse to the service of warrant No, because such act is a violation of the rights of the suspect to be secure over his property Yes, because such act is authorized by law Yes, because even private individual making citizen arrest can do so It is a security given for the temporary release of a person in custody of the law. Bail Parole Fine Conditional pardon Trial _____may proceed in case the accused person failed to appear at the trial without justification and despite due notice. In absentia Flagrante delicto On the merits None of these When bail is a matter of right? Before or after conviction by the metropolitan, municipal or municipal circuit trial court Upon conviction of the regional trial court Before conviction of the regional trial court Upon preliminary investigation Bail is a matter of right under the constitution, EXCEPT Crime punishable by reclusion perpetua to death Crime punishable by life imprisonment Crimes punishable by death Crime punishable by reclusion perpetua or life imprisonment when evidence of guilt is strong When bail is a discretionary? Upon conviction by the RTC not punishable by reclusion perpetua or life imprisonment Upon conviction by the RTC exceeding 6 years but not more than 20 years who is recidivist Upon conviction by the RTC exceeding years but not more than 20 years when there is undue risk that may commit another crime during the pendency of the appeal Upon conviction by the RTC exceeding 6 years but not more than 20 years who has previously escaped from legal confinement. Is an offense which, under its existing law at the time of its commission and at the time of the application for admission to bail maybe punished with death. Capital offense Less grave Heinous crime Grave felony The following are kinds of bail, EXCEPT: Property bond Corporate surety bond Cash bond Recognizance None of these It is a lien imposed upon the real property of the accused who has no money to post bail as a security for this temporary liberty. Surety bond Cash bond Property bond Release on recognizance When the maximum penalty to which the accused maybe sentenced is destierro, he shall be released after _____ of preventive imprisonment. 30 days 20 days 15 days 60 days Bail shall automatically be cancelled upon: Acquittal of the accused Dismissal do the case Execution of the judgment of conviction All of these It is the rule which states that if the inculpatory facts and circumstances are capable of two or more interpretation, one which is consistent with the innocence of the accused an the other consistent with his guilt, or they are evenly balanced. The constitutional presumption of innocence should tilt the scale in favor of the accused and he must be acquitted. Equipoise rule Presumption of guilt Hornbook doctrine Due process of law It refers to the counsel hired by the accused to serve as his private lawyer. Ex parte counsel Counsel de officio PAO lawyer Ex-officio counsel Refers to the counsel provided by the government to assist destitute litigant? Counsel de officio Public attorney’s office Counsel de parte National prosecution office It is a process directed to a person requiring him to attend and testify or to bring with him any books or documents under his control at the trial of an action. Subpoena Subpoena ad testificandum Subpoena duces tecum Warrant of arrest Unless shorter period is provided by special law or Supreme Court circular, the arraignment shall be held within _____ days from the date the court acquires jurisdiction over the person of the accused. 30 days 10 days 15 days 5 days If an accused person who refuses to plead, a plea of _____ shall be entered. Not guilty Admission by silence Guilty None When reception of evidence is necessary under the following circumstances: Plea of guilty to lesser offense Plea of guilty to capital offense Plea of guilty to non-capital offense All of these When an appeal shall be taken? Within 10 days Within 30 days Within 15 days Within 5 days The party appealing the case shall be called? Appellant Accused Appellee Defendant Property subject of search and seizure, EXCEPT: Subject of the offense Stolen or embezzled and other proceeds or fruits of the offense Used or intended to be used as the means of committing an offense Firearm When search must be made? In the day time Any of the day and night Only during sunrise In the presence of two witness In a criminal case, the People of the Philippines is the _____? Plaintiff Offended party Defendant Respondent A complaint or information have the same legal content, however they differ as to who subscribed to it, who subscribe an information? Accused Prosecutor Witness Victim Pursuant to section 2 of rule 112 of the rules of court, the following officers are authorized to conduct preliminary investigation except? Provincial and city prosecutor Judge MTC/MCTC Regional state prosecutor Public attorney’s office B and D A special law which defines certain rights of accused, detained or under custodial investigation as well as of the arresting, detailing and investigating officer. RA 7438 RA 7348 RA 7834 RA 3478 Under the rule 115 of the Rules of Court, an accused cannot be compelled to be a witness against himself. This principle also known as: Rights against illegal arrest Rights against self-incrimination The right to presume innocent Right to live Under the rules on summary procedures, the following pleading are prohibited except: Motion to quash Answer Bill of particular Demurred to evidence In preliminary investigation, the respondent may submit the following EXCEPT: Counter-affidavit Motion to dismiss Witness affidavit Supporting evidence The following cases committed by the public official with salary grade 27 and above fall under the exclusive jurisdiction of Sandiganbayan, Except: Crimes committed in violation of Act 3019, RA 1379 and section 2, chapter 2, title VII, Book two of the RPC Civil and criminal cases filed pursuant to and in connection with the executive order nos. 1,2,14 and 14-A. Crimes committed by public official in relation to their office None of these It is the law which classifies rape from crime against chastity to crimes against person, making crime prosecutable even without a complaint filed by the offended party? RA 8353 RA 9283 RA 8493 RA 7055 Civil liability arising from the offense charged is deemed institution upon the filing of criminal action in court as provided by rule 111 of the Rules of Court. In what instances can a civil action for recovery of civil liability can be separated? When the offended party waives the civil action When the offended party reserves his right to institute civil action When the institution of the civil action is made prior to criminal action All of these What is the effect of death of the accused in civil actions? It extinguish the civil liability arising from delict Independent civil action instituted may be continued against the state or legal representative of the accused If the accused dies before arraignment, the case shall be dismissed without prejudice to any civil action the offended party may file against the estate of the deceased All of these Demurrer to evidence maybe filed by a party to a case. After arraignment After the defense has arrested its case After trial After the prosecution had rested its case The accused may questioned the legality of his arrest _____ otherwise the said accused could no longer questioned the same and that the arrest is presumed by the court as valid. Before arraignment Before conviction Before preliminary investigation Before trial The following are the matters to be taken up in pre-trial conference, except: Examination of witness Marking of evidence Plea bargaining Stipulation and simplification of issues Amendment without leave of court before its accused pleads is allowed by the Rules of Court under the following instances EXCEPT: Amendment as to substance Amendment as to form Amendment that reflect typographical error Amendments that downgrades the nature of the crime The following statements are false, EXCEPT: The accused may enter his plea by counsel The accused must personally enter his plea The accused may excused/waive arraignment The accused may be arraigned in a court other than where the case is assigned A certain husband dies before he could institute the criminal action for adultery against his wife and the paramour. The case may: No longer be prosecuted Be prosecuted by the husband’s parents Still be prosecuted Be prosecuted by the state Mr. Bryan was charged with murder, during the arraignment, he pleaded guilty to a crime of homicide, the same was accepted by the offended party and the public prosecutor, such arrangement will amount to: Admission Extra-judicial confession Plea bargaining None When the complaint is vague, the accused may file a motion alleging others the defect of the complaint or information and the details desired in order to properly answer and prepare for trial. This motion is known as: Bill of particular Motion for clarification Motion to dismiss Motion to quash Upon motion of the property part, arraignment shall be suspended on the following grounds: The accused appears to be suffering from unsound mental condition There exist a prejudicial question A petition for review of the resolution of the prosecutor is pending either at the DOJ or office of the President All of these A move for the annulment of the criminal charge made by an accused is: Motion to quash Nolle prosequi Motion to dismiss Bill of particulars It is the loss by the state of the right to prosecute and punish or the termination of the power to prosecute or punish the offender after the lapse certain definite period from the commission of the offense. Prescription of crime Acquisitive Prescription of penalty Extinctive It is one of the grounds for motion to quash. It is the danger of being prosecuted for the same offense for the second time. Double jeopardy Double trial Double trouble Double dribble Mr. Mark filed a criminal case of estafa against Jeffrey in the RTC of Caloocan and Manila for the estafa was committed twice against Mr. Mark. One in Caloocan and the other in manila. Is Mark action proper? Yes, because he has options No, because there is only one case Yes, because that is a case of continuing crime No, for that amounts to forum shopping which is not allowed under the rules Provisional dismissal of offense punishable by imprisonment not exceeding 6 years or a fine of any amount or both shall become permanent after ___. One year 2 years 5 years 4 years Within how many days after arraignment and from the date the court acquires jurisdiction over the person of the accused shall order a pre-trial conference. 30 days 15 days 20 days 60 days How many days is given to an accused person to prepare for trial after a plea of not guilty is entered? 15 days 20 days 30 days 180 days The trial of a case shall commence with ____ days from receipt of the pre-trial order? 30 days 15 days 20 days 60 days This is a mandatory proceeding in criminal cases wherein the court shall set after arraignment of the accused? Plea bargaining Stipulation of facts Pre-trial conference Trial proper The trial court has how many days from the first day of trial to terminate the same? 60 days 365 days 180 days 150 days The trial of a case can be made in absentia except on the following circumstances: At the arraignment and plea During the trial whenever necessary for identification purposes At the promulgation of sentence, unless for a light offense All of these The order of trial is: Prosecution, accused, rebuttal and surrebattal Prosecution, cross, direct, re-cross Direct, cross, re-cross, re-direct Direct, cross, rebuttal and surrebattal It is a testimony of a witness taken upon oral question or written interrogatories, in open court, and reduced into writing and duly authenticated. Affidavit Evidence Deposition Testimony Is a person chosen by a child to be present or to accompany him to testify or to attend the trial to provide emotional support. Guardian ad litem Facilitator Support person Interpreter Refers to items such as dolls, puppets, drawings, mannequins or any other appropriate demonstrative device to assist him in testimony. Testimonial aids Support item Emotional security items None of these It is a type of a question that can be allowed in all stages of examination of a child, if the same will further the interest of justice. Leading questions Relevant Misleading Narrative The discharge of accused to be state witness operates as _____? Suspension Conviction Acquittal Termination Which of the following is the ground for discharge of an accused to be state witness: There is absolute necessity for the testimony of the accused Said accused does not appear to be the most guilty Said accused has not been convicted of a crime involving moral turpitude All of these After the prosecution rest its case, the accused person may move for the dismissal of the case on: On its own initiative after giving the prosecution an opportunity to be heard Demurrer to evidence Motion for reconsideration Motion of new trial It is the judicial examination and determination of the issue is an action or proceeding, civil or criminal. Pre-trial Trial Plea bargaining Judgment Is the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition of the proper penalty and civil liability. Judgment Promulgation of judgment Rendition of judgement Conviction It is the degree of proof which does not excluding the possibility of error; produces absolute certain. Moral certainty only is required. Acquittal Clear and convincing Proof beyond reasonable doubt Preponderance of evidence It is the finding of not guilty based on merits or that the evidence does not show that this guilt is beyond reasonable doubt. Dismissal Conviction Acquittal Judgment Judgment becomes final when? The period of perfecting an appeal lapse When the sentenced is partially of totally satisfied or served When the accused waived in writing his right to appeal When he applied for probation Which of the following cannot be filed after judgment of conviction becomes final. Motion for new trial Motion for reconsideration Motion to dismiss All of these Which is a ground for new trial? Errors of law or irregularities during the trial New and material evidence has been discovered A and B None of these PART IV EVIDENCE It is the means, sanctioned by these rules of ascertaining in a judicial preceding the truth respecting a matter of fact? Evidence Facts Proofs Burden of proofs It is the ultimate facts or the facts in issue or to be proved. It is the essential facts constituting the plaintiff’s cause of action? Factum probandum Evidence Factum probans Proof Is that kind of evidence that proves a fact in issue without any inference being drawn on the part of the fact-finder. Direct Circumstantial Material Competent The rules of court shall be the same in all courts and in all trials and hearings, except on the following cases: Cadastral proceeding and land registration Naturalization Election Insolvency proceeding All of these The rules of evidence shall be _____, except as otherwise provided by law or these rules. The same in all courts and in all trials and hearings Not the same in all courts and all trials and hearings Dependent of the type of case involved Absolutely the same in all courts and in all trials and hearings Relevancy is one of the requisites for admissibility of evidence which means that evidence must have such relation to the fact in issue as to induce belief in its existence or non-existence. The other requisites is _____? That is should not be excluded for by law That it is material to the facts in issue That it is credible That it is the best evidence Evidence must be relevant in order to be admissible hence, collateral matters are not allowed. Except: When it tends in any reasonable degree to establish the probability or improbability of the fact in issue. When it is competent When it is credible When it has the ability to prove the facts in issue based on other related evidence Where the evidence at the time of its offer appear to be immaterial or relevant unless it is connected with the other facts to be subsequently proved, such evidence may be received in evidence on condition that the other facts will be proved thereafter, otherwise the evidence already given will be stricken out. Conditional admissibility Multiple admissibility Curative admissibility All of them Any evidence which is obtained in violation of any rights of a person will not be admissible in court. This is anchored on what requisites of admissibility? Materiality Relevancy Competency Credibility It is the quality of evidence which tends to influence the trier of facts because of its logical connection with the issue. Evidence which has an effective influence or bearing to the question? Material Competent Relevant Credible Evidence which the witness states that he did not see or know the factual occurrences what kind of evidence? Negative Affirmative Positive Alibi Is that which the laws regards as affording the greatest certainty of the fact in question. Primary evidence Secondary evidence Corroborative Circumstantial An additional evidence of different kind tending to prove the same facts in issue. Evidence which are supplementary to that already given and tending to strengthen or confirm it. Corroborative Associative Commulative Credible Is the one required to prove a criminal case. It refers to the logical and inevitable result of the evidence on record, exclusive of any other consideration, of the moral certainty of the guilt of the accused or that degree of proof which produces conviction in an unprejudiced mind. Proof beyond reasonable doubt Clear and convincing evidence Preponderance of evidence Substantial evidence It is the evidence that which proves the fact in dispute without the aid of any inferences or presumption? Direct evidence Circumstantial evidence Cumulative Corroborative It is the proof which, if unexplained or uncontradicted, is sufficient to sustain the proposition it supports or to establish the facts, or to counterbalance the presumptions of innocence to warrant a conviction. Prima-facie evidence Preponderance of evidence Rebuttal evidence Sur-rebuttal evidence It refers to a type of evidence such as document or information received, recorded, transmitted, stored, processed or produced electronically. Real or object Documentary Electronic Testimonial Evidence in Aliunde means _____. Evidence from the same source In relation to Outside or other source Within Is that kind of evidence which will excuse a person from an alleged fault or crime. Direct evidence Exculpatory Negative Inculpatory If stolen good such as laptops and cellphones are found in your house by the law enforcer, then it is _____ evidence? Direct evidence of theft Prima-facie evidence of theft Indirect evidence of theft Corroborative evidence of theft It is a doctrine usually applied where a police officer is not searching for evidence against the accused but nonetheless inadvertently comes across incriminating objects. In flagrante delicto Plain view Stop and frisk Hot pursuit It is the rule which excludes evidence obtained in violation of the constitutional rights of the accused: Exclusionary rule Silver plate rule Poisonous tree doctrine Plain view Mr. Johnny Augustus made an extra-judicial confession in the police station without the presence of a counsel and even told the police that the deadly weapon that he used in killing the victim was in his house and voluntarily escorts the police in his house to recover the deadly weapon. The weapon was presented as evidence in court. Is the deadly weapon admissible? Yes for it was taken with the consent of the owner Yes for it was obtained under a consisted search No because it is a “fruits of the poisonous tree” No because it is obtained in the absence of the counsel What do you call the recognizance of certain facts by the judges without introduction of evidence such as existence and territory of states, their political history and forms of government. collater