Sitio Poru, Brgy. Calaguise, Leyte, Leyte: CDI-5 (DRUG EDUCATION AND VICECONTROL)

CDI-5 (DRUG EDUCATION AND VICECONTROL)

FINALEXAMINATION FOR GRADUATING

I. MULTIPLE CHOICE: Choose the bestanswer.

1. Oneof the coverage on the Rules of Anti-Drug Operations is Buy-bust operations.Buy-bust operation is a form:

a. Entrapment operation

b. Surveillance operation

c. Casing operations

d. Search and Seizure operation A

2. Itis a general rule in Anti-Drug Operations that all drug law-enforcement andprevention operation prior to actual conduct should be covered with:

a. Warrant

b. Pre-operation report

c. Post-operation report

d. None of these B

3. WhatNational Anti-Drug Campaign strategy is carried out by preventive education andinformation drive?

a. Supply Reduction Strategy

b. Demand Reduction Strategy

c. International Coordination

d. All of these B

4. Whatanti-drug operation is used to build-up relevant and competent evidence, whichare vital in the development of a drug case?

a. Buy-bust operation

b. Mobile Checkpoints

c. Controlled delivery

d. None of these D

5. Inthe conduct of dangerous drug death investigation where the cause of deathnoted is petechial hemorrhage, the drug possibly taken is:

a. Cocaine

b. Amphetamine drug

c. Barbiturate drug

d. Hallucinogen drug A

6. Manydrug seizures are made as a result of a raid. Raid involving dangerous drugseizures are usually covered by:

a. Search Warrant

b. Warrant of Arrest

c. Memorandum Order

d. Documentary Evidence C

7. Whena drug evidence is transferred from one investigator to another, the process ofevidence transfer is called:

a. Evidence Gathering

b. Evidence Protection

c. Chain of Custody

d. Chain of Evidence Transfer B

8. Whatis the technique in anti-drug operation that is carried out by allowing suspectconsignment of illegal drugs, psychotropic substances substituted for them topass out into one or more country with knowledge of their competent authoritieswith a view to identify persons involved in the commission of drug relatedoffenses?

a. Buy-bust operations

b. Controlled delivery

c. Undercover operations

d. Airport/Seaport Interdictions C

9. Ifthe increasing local supply of shabu is the major concern of the lawenforcement pillar in the drug control effort, what about the court pillar?

a. Lack of community support

b. Unabated marijuana cultivation

c. Undue delay in the disposition ofdrug cases

d. Lack of integrity of the policeand prosecution in the presentation of evidence B

10. In drug control and preventionefforts, the mission of the law enforcement pillar is to:

a. Reduce the incidence of dangerousdrug cases through proper administration of justice

b. Enforce the drug laws inaccordance with existing national legislation

c. Provide a highly specialized andproperly motivated prosecution service

d. Provide comprehensive and moreeffective programs and services of treatment and rehabilitation process C

11. When the anti-drug investigatortakes a sample of the seized drug, the desired sample should be place in asuitable container. It should then be sealed in such a way as to preventtampering preferably with the signature of the suspect and the officerappearing on the seal. Such process is called:

a. Transfer of evidence

b. Evidence gathering

c. Evidence marking

d. Evidence protection D

12. To conduct a sustainable,comprehensive and integrated drug prevention education program in thePhilippines, the community pillar should target groups such as the:

a. Family

b. Youth

c. Community leaders

d. All of these D

13. The unabated marijuanacultivation and or production in some parts of the country is caused by:

a. Cultivation is clandestine

b. Danger of operation due topresence of hostile forces

c. Costly eradication due todifficulty of accessibility

d. All of the above A

14. Is a person suffering from anysigns and symptoms of drug abuse? This question guides the investigator todetermine whether the person

a. is an addict or not

b. has just used any drug or not

c. is intoxicated of alcohol or not

d. is under the influence of drug ornot B

15. Which among the pillars of theCriminal Justice System is considered the weakest pillar with respect toanti-drug operation?

a. Law Enforcement

b. Prosecution

c. Correction

d. Court B

16. In the conduct of custodialinvestigation, one of the rights provided for by law is the protection againstself-incrimination and rights is found on the grounds of:

a. Public policy and morality

b. Humanity and conscience

c. Public policy and humanity

d. All of the above D

17. When does the court acquirejurisdiction over a case filed by the anti-drug operatives?

a. The moment the case is filed with theprosecutor office

b. The moment that it is filed withthe court

c. The moment that the trial or thecase begins

d. The moment that the partiespresents their evidence A

18. What should be conducted in orderto determine whether a case falls under the jurisdiction of the Regional TrialCourt?

a. Inquest Proceeding

b. Preliminary Investigation

c. Search and Seizure

d. Preliminary Conference B

19. The presence of drugparaphernalia at the drug scene in the form of syringe and needle, tourniquet,spoon or bottle top “cookies” and tinfoil packet reveals that the drug beingadministered are:

a. liquid drugs

b. tablet drugs

c. capsule drugs

d. leaves for smoking C

20. The body sign in dangerous drugdeath investigation of bluish discoloration of the face and or fingernails dueto insufficient oxygenation of the blood caused by increase in carbon dioxidein the body is called?

a. Asphyxia

b. Cyanosis

c. Hematoma

d. Petechial hemorrhage B

21. The burning of a small quantityof the suspected substance and determining the odor or smell having similar toburnt banana leaves or has a sweetish odor is a field test that can reveal thedrug as:

a. Opium

b. Coca leaves

c. Marijuana

d. Peyote Cactus A

22. To beef up intelligencecapability to interdict extensive manufacture of shabu, the law enforcementpillar should:

a. Conduct extensive intelligenceoperations

b. Motivate public to be vigilantand assistive

c. Provide attractive reward system

d. All of the above D

23. The physical desire to repeat theuse of drugs intermittently or continuously is commonly known as:

a. Addiction

b. Habituation

c. Potency

d. Toleration C

24. The drug addict or user generallyacquires the drug habit because of being:

a. Powerlessand less self-control

b. Emotionallyunstable

c. Socially maladjusted

d. Allof these C

25. It refers to the state of mind inwhich a person has lost the power of self-control in respect of a drug.

a. Drug addiction

b. Drug toleration

c. Drug habituation

d. Drug experimentation A

26. One who uses drug to keepwakefulness or additional energy in performing an important work is a:

a. Habitual drug user

b. Situational drug abuser

c. Spree user

d. None of these C

27. On the part of the drug user, thelost of interest to study, failure in school works, shifting from one course toanother, transfer of school of lower standards and eventually dropped is anindication of:

a. Changes in physical appearance

b. Changes of mood

c. Changes of interest

d. Changes in behavior A

28. In acute cases withdrawal ofdrugs causes serious physical illness also called abstinence syndrome. It isalso otherwise known as:

a. Psychological dependence

b. Physical dependence

c. Addiction

d. Withdrawal syndrome C

29. What kind of drug examination ismade during the initial investigation conducted by the first respondingofficers?

a. Filed Testing

b. Color Reaction Testing

c. Laboratory Analysis

d. All of these B

30. In detecting drug abusers, oneshould consider appearance and associations of the suspected person. Thepresence of linear scars in the arms, forearms or abdomen is a good indicationthat the:

a. Subject is a marijuana user

b. Subject is a syrup user

c. Subject is a cocaine user

d. Subject is liquid drug user B

31. What drug is known as the “kingof all drugs” for being the most abused drug in the world?

a. Hallucinogen

b. Solvent

c. Amphetamine

d. Alcohol D

32. Among the group of hallucinogendrugs, which of them is considered the most powerful?

a. Demerol

b. DMT

c. LSD

d. STP B

33. The reaction produced by a drugin addition to the desired effects is called:

a. Overdose

b. Side effects

c. Tolerance

d. Idiosyncrasy C

34. Traditionally, the term drugabuse referred to the use of any drug that is:

a. Prohibited by law

b. Natural in origin

c. Chemically synthesized

d. Prescribed by a physician D

35. What color reaction test is usedto identify a substance as cocaine?

a. Cobalt Thiocyanate

b. Marquis Test

c. Nitric Acid Test

d. PABA D

36. What drug was considered to bethe first local anesthetic to be discovered?

a. Cocaine

b. Opium

c. Morphine

d. Heroin D

37. The chemical name of the drugheroin is:

a. Diacetylmorphine

b. Dimorphine hydrochloride

c. Both A and B

d. None of these C

38. According to effects, thedangerous drugs are classified into:

a. Stimulant-depressant-narcotics

b. Depressant-narcotics-hallucinogen

c. Hallucinogen-depressant-stimulant

d. None of these D

39. For the tentative identificationof the barbiturates, the ______ test is used:

a. Marquis test

b. Zwikker Test

c. KN Test

d. Nitric Acid Test D

40. What is the chemical name of thedrug shabu?

a. Amphetamine Hydrochloride

b. Methamphetamine Hydrochloride

c. Methamphetamine Hydrosulfate

d. None of these A

41. What group of drugs is alsocalled the Deliriant?

a. Inhalant

b. Solvent

c. Volatile Substance

d. All of these D

42. What is the active ingredient oralkaloid of the marijuana plant?

a. Hul Gil

b. THC Canabinnol

c. Hashis

d. None of these B

43. One of the following slang termsrefers to the drug cocaine.

a. Beer

b. Extra

c. Ice

d. Strong C

44. Duquenois-Levine test is formarijuana; Symone’s test is for:

a. Cocaine

b. Barbiturates

c. Opium derivatives

d. Shabu C

45. The substance known as the“miracle drug” refers to:

a. Cocaine

b. Codeine

c. Morphine

d. Heroin A

46. What is called the “visualevidence” in drug related cases?

a. Asphyxiation

b. Skin diseases

c. Internal body signs

d. Needle marks/tracks B

47. Marijuana plant is scientificallyknown as:

a. Hashis

b. Hashasan

c. Cannabis Sativa

d. Papaver Somniferum C

48. What is called the “poor man’scocaine”?

a. Codeine

b. Cocaine

c. Marijuana

d. Methamphetamine hydrochloride A

49. Chemically known as methamphetaminehydrochloride.

a. Valium

b. LSD

c. Ketamine

d. Shabu C

50. What drug is known as the“assassins of the youth”?

a. Cannabis sativa

b. Methamphetamine hydrochloride

c. Diacetylmorphine

d. None of these D

II. MATCHING TYPE: Match Column A to Column B.Choose the best answer from the

givenoptions.

Column A Column B

51. Philippine Drug EnforcementAgency B a. Narcotics Law of 1953

52. Dangerous Drugs Board C b. policy-making andstrategy-formulating

body

53. Republic Act 9165 D c. Dangerous Drugs Act of 1972

54. Republic Act 6425 E d.Implementing arms of DDB

55. Republic Act 953 A e. Comprehensive Dangerous Drugs Act of

2002

Column A ColumnB

56. Section 1, Art I, RA 9165 B a. possession of dangerous drugs

57. Section 4, Art II, RA 9165 A b. comprehensive dangerous drugs act of 2002

58. Section 11, Art II, RA 9165 D c. use of dangerous drugs

59. Section 15, Art II, RA 9165 E

60. Section 21, Art II, RA 9165 C d. Custody and Disposition of

Confiscated, Seized,and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs,Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/orLaboratory Equipment

e.importation of dangerous drugs/Controlled Precursors and Essential Chemicals

Column A ColumnB

61. Employees and Visitors of a Den,Dive, Resort D a. Section 5, Article II, RA 9165

62. Possession of Equipment, Instrument, Apparatus A

and Other Paraphernalia for Dangerous Drugs. b.Section 7, Article II, RA 9165

63. Possession of Equipment, Instrument, Apparatus E

and Other Paraphernalia for Dangerous Drugs c.Section 12, Article II, RA 9165

During Parties, Social Gatherings or Meetings.

64. Unnecessary Prescription of Dangerous Drugs. C d.Section 14, Article II, RA 9165

65. Sale, Trading, Administration, Dispensation, B

Delivery, Distribution and Transportation of e. Section 18, Article II, RA 9165

Dangerous Drugs and/or Controlled Precursors

and Essential Chemicals.

Column A Column B

66. A rapid test performed to establish potential/ B a. dispense

presumptive positive result

67. Any act of giving away, sellingor distributing C

medicine and/or dangerous drugswith or without b. screening test

the use of prescription.

68. Any act of knowingly planting,growing, raising, D

or permitting the planting,growing, or raising of c. clandestine laboratory

any plant which is the source ofa dangerous drug.

69. An analytical test using adevice, tool or equipment E

with a different chemical orphysical principle that d. cultivation and culture

is more specific which willvalidate and confirm

the result of the screening test.

70. Any facility used for the illegalmanufacture of A e.confirmatory test

any dangerous drug and/orcontrolled precursor and

essential chemical.

ColumnA Column B

71. Minimum of six (6) months rehabilitation A a. Section 5(Selling), Article II, RA 9165

in agovernment center for the first offense

72. Life imprisonment to death and a fine ranging B b.Section 7, Article II, RA 9165

From P 500,000.00 to P10,000,000.00

73. 12 years and 1 day to 20 years of imprisonment A c.Section 12, Article II, RA 9165

and a fine ranging fromP100,000.00 to P500,000.00

74. Imprisonment ranging from 6 months and 1 day to A

4 years and a fineranging from P10,000.00 to d. Section 15, Article II, RA 9165

P50,000.00

75. Imprisonment ranging from 12 years and 1 day to A

20 years and a fine ranging from P100,000.00 to e.Section 5 (Protector/Coddler),

P500,000.00 ArticleII, RA 9165

ColumnA ColumnB

76. Qualifying Aggravating Circumstances in A a.Section 24, Article II, RA 9165

the Commission of a Crime by an Offender

under the Influence of Dangerous Drugs. b. Section 25, Article II,RA 9165

77. Criminal Liability for ‘Planting’ of Evidence. C

78. Responsibility and Liability of Law c. Section 29,Article II, RA 9165

Enforcement Agencies and other Government

Officials and Employees in Testifying as d. Section 91, Article X, RA 9165

Prosecution Witnesses in Dangerous Drugs Cases. B

79. Delay and Bungling in the Prosecution of DrugCases. A

80. Non-Applicability of the Probation Law for A e. Section 92,Article X, RA 9165

Drug Traffickers and Pushers

III. MODIFIED TRUE OR FALSE. Blackenthe circle of the letter that best corresponds to your answer. The conditionsare given below:

<a></a><a>A – If the twostatement are both true</a>

B – If the first statement istrue; while the second is false

C – If the first statement isfalse; while the second is true

D – If the two statement are bothfalse

81. Plant of joy is Opium. Sacredtree is Marijuana. C

82. Depressant means “downer.”Hallucinogen means “narcotic”. A

83. “Ma Huang” is the plantephedrine. “Hashish” is known as Marijuana. B

84. Diacetylmorphine is Heroin.Methamphetamine hydrochloride is Shabu. C

85. Erythroxylon Coca is known asCocaine. Diacetylmorphine is known as Heroin. C

86. Pistillate is the female plant ofmarijuana. Staminate is the male plant of marijuana. A

87. RA 9165 was signed into law on June 4, 2002. RA 9165 tookeffect on July 4, 2002. A

88. Pres Gloria Macapagal Arroyosigned into law RA 9165. Pres Diosdado Macapagal signed into law RA 6425. B

89. Papaver Somniferum is thescientific of Opium Poppy plant. Cannabis Sativa is the scientific name ofMarijuana plant. A

90. Withdrawal syndrome is a suresign that a drug is dependency producing. Drug dependence may lead to drugabuse. B

IV. LABELLING: Label the following blank space bychoosing the best answer below.

DISPOSITIONFLOWCHART

(SECTION21 OF RA 9165)

Seizure/Confiscation

<img> 96.__________C________

91. C

<img> 97.______E____________

<img>92. D

Within24n hours

<img>

If volume manageable 98. ______B_______

<img>93. E

Partial Results Issued

<img>99._________ D______ within 24 hours

Ocular Inspection

<img>within 24 hours

<img>Court (thru PDEA) shall cause destruction/burning

<img>94. B

<img>95. A

A 100.______________________________

Destruction Burning of Representative Sample

Choices:

Resolution of case/court decision

Within 24 hours from receipt of evidence

DDB issues sworn certification ofdestruction/burning & representative

Sample forwarded to Courtfor Evidence.

If not manageable

Inventory and Photograph

Immediate

PDEA Forensic Laboratory

(Conduct of Qualitativeand Quantitative Exams)

72 hours after filing ofcase in court

Complete LaboratoryResults issued under oath

Within 24 hours

FINALEXAMINATION

(CLJ-3Criminal Procedure)

SY2011-2012/2^ndSemester

INSTRUCTION: Select the correct answer for each ofthe following questions. Mark only one answer for each item by shadingthe space corresponding to the letter of your choice on the answer sheetprovided. STRICTLY NO ERASURES ALLOWED.

I. 1-20 Multiple choice. Cite if the following acts would result in:

a. Violation of right against self-incrimination

b. Violation of right to presumption of innocence

c. Violation of right to speedy trial

d. Violation of right to be informed of the nature and cause of accusation

e. No violation of right against self-incrimination

1. During preliminary investigation for an allegedforgery, the respondent Pedro was required by the prosecutor to give samples ofhis handwriting for comparison with the documents allegedly forged. To require Pedro to give his handwritingsample constitutes what violation? A

2. In a trial for murder, the accused oncross-examination was asked by the judge to give a re-enactment of theincident. The re-enactment wouldconstitute what violation of the rights given to the accused? A

3. Mario is charged with rebellion before the RTC ofMakati City. While the case is stillpending, Mario filed his candidacy for Senator. The COMELEC rejected his candidacy by reason of his pending case. The rejection of Mario’s candidacyconstitutes what violation? B

4. The accused, during the trial was required topresent evidence ahead of the prosecution, in order for him to prove hisinnocence. There are no grounds thatwould justify a modification of the order of trial. What right of the accused was violated?B

5. In a trial for adultery, the woman was required tosubmit herself to a pregnancy test to determine if she is indeed pregnant. To require her to undergo pregnancy testconstitutes _____.E

6. The prosecutor must prove the guilt of the accusedbeyond reasonable doubt. The convictionof the accused must rely on the strength of the prosecution evidence and not onthe weakness of the defense. To rule otherwise would result in _______.B

7. The accused in a rape case was required by thejudge to give his semen sample for DNA testing. The accused objected. To requirethe accused to give the sample constitutes _____.A

8. When the Carlo was arrested at the NAIA forcarrying shabu in his luggage, he was asked to affix his signature on thepackages of shabu taken from his luggage. This constitutes _______. A

9. During the trial for murder where footprints werefound in the crime scene, the judge required the accused to remove his shoe andto place his foot on the footprint to determine if they match. The act of the judge constitutes _____.E

10. During the investigation in a rape case where thevictim became infected with gonorrhoea, the suspect was asked by the policemanto allow them to extract fluids coming out of his penis to determine thepresence of gonorrhoea. The act of thepolice constitutes _____.E

11. A suspect in a drug case was required to undergodrug test using the suspect’s urine. Thedrug test, if done without the suspect’s consent results in _____.E

12. At the crime scene a trouser (pants) werefound. The trousers were believed to beleft behind by the fleeing suspect. During the trial the accused was required to put on the pants todetermine if they fit. This results in____.E

13. In a homicide case, the accused was required togive his blood sample. This constitutes_____.E

14. Duringarraignment the accused, who does not speak or understand English or Tagalog(as he spoke only Cebuano) was nevertheless arraigned in English. He pleaded “guilty,” not knowing what he wasbeing asked. The arraignment resulted in____.D

15. During the trial for rape, the private complainantasked for five (5) consecutive postponements citing therein flimsy excuses suchas traffic congestion and other personal reasons. What right of the accused is violated?C

16. During the trial for rape, the accused was requiredto present his diary to show that entries therein tend to show that hedeveloped an obsession towards the victim. To require the acused to do so results in _____.A

17. The complainant alleged that his attacker had aneagle tattoo o his chest. During the trial, the accused was required by thecourt to remove his shirt to show if he had a tattoo. If the accused is compelled to do so, this wouldconstitute ______.E

18. Mark was charged with homicide. During the trial evidence proved that whatwas actually committed was murder. Markwas convicted of murder. The convictionresults in _____.D

19. The accused, after posting bail asked permissionfrom the court to travel to the U.S.to undergo medical treatment for her neck injuries. Absent any showing that the accused is aflight risk, the denial of the travel would result in _____.B

20. The witness for the prosecution (the arrestingpolice officer) failed to show up at the trial three times, to testify despitebeing subpoenaed. This results in ______C

II. MultipleChoice. Choose the best answer fromamong the options given.

21. Is the danger of being tried, convicted andpunished of a crime for which a person has been previously tried, and the saidprevious case either resulted in conviction, acquittal or dismissal without hisexpress consent.

a. Jeopardy c.Incrimination

b. DoubleJeopardy d.All of the Above B

22. It is the security given for the release of a personin custody of the law, furnished by him or a bondsman, to guarantee hisappearance before any court as required under the conditions hereinafterspecified.

a. Surety Bond c.Cash Deposit

b. Bail d.All of the above B

23. Is an offensewhich, under the law existing at the time of its commission and of theapplication for admission to bail, may be punished with death.

a. HeinousCrime c.Non-bailable offense

b. Capital offense d. None of theabove B

24. Is an obligation of record, entered into before some courtor magistrate duly authorized to take it, with the condition to do someparticular act, the most usual condition in criminal cases being the appearanceof the accused for trial.

a. CorporateSurety c.Recognizance

b. Property Bond d.Cash Deposit A

25. The presence of theaccused is required during the trial except:

a. Arraignment c. When the judge will ask himquestions

b. Promulgation of Judgment d. When required by the court foridentification C

26. It is thru this document that the accused is informedof the nature and cause of the accusation against him.

a. Information c.Bail

b. Resolution d.None of the above A

27. Pedro suspects Petraof adultery. Pedro claims that Petrais pregnant by another man. Can thecourt compel Petrato subject herself to a pregnancy test?

a. Yes. Because this is not a violation of her rightagainst self-incrimination.

b. Yes. But onlyif Petra willbe assisted by her lawyer

c. No. This would violate Petra’s right against self-incrimination.

d. No. Because the pregnancy test is irrelevant to thecharge of adultery.

28. Max is the president of Superman, Inc. a privatecorporation which is charged with violating the Internal Revenue Code (taxevasion). Can the court compel him tosubmit the private records of the corporation such as financial statements?

a. Yes. Becausethis is not a violation of the right against self-incrimination.

b. Yes. But onlyif Max will be assisted by counsel.

c. No. This wouldviolate Max’s right against self-incrimination.

d. No. Because the financial statement is irrelevant intax evasion.

29. Atty. Bolalacao represented Chloe in a criminalcase. The case was mishandled because itturned out that Atty. Bolalacao is not a member of the Integrated Bar of the Philippines andonly reached 2^nd year of law school . Can Iris be given a new trial because he wasnot represented by a real lawyer?

a. Yes. Because her right to counsel was violated.

b. Yes. But onlyif the prosecutor will agree.

c. No. Because itwas iris’ fault and she is bound by her mistakes.

d. No. BecauseIris is guilty anyway.

30. X is charged with falsification. Can she be compelled to give her specimenhandwriting before the court?

a. Yes. Becausethis is not a violation of the right against self-incrimination.

b. Yes. But onlyif X is assisted by her lawyer.

c. No. This wouldviolate X’s right against self-incrimination.

d. No. Because the specimen handwriting is irrelevant infalsification

31. Yis charged with a crime where the suspect left clothing on the crime scene. CanY be required by the court to put on clothing believed to be worn by thesuspect to see if they fit?

a. Yes. Because this is not a violation of the rightagainst self-incrimination.

b. Yes. But onlyif Y is assisted by her lawyer.

c. No. This would violate Y’s right againstself-incrimination.

d. No. Because whether or not the clothes fit isirrelevant to the case.

32. Whatif, instead of putting on clothing, Y was asked to remove her shoes to see ifthey fit the foot marks left on the crime scene? Can she be compelled to do so?

a. Yes. Because this is not a violation of the rightagainst self-incrimination.

b. Yes. But onlyif Y is assisted by her lawyer.

c. No. This would violate Y’s right againstself-incrimination.

d. No. Because whether or not her foot matches the footmarks is irrelevant to the case.

33. DonMoen, the accused, was ordered by the court to produce his blood sample forcross-matching with those found on the crime scene. This is:

a. Not a violationof the right against self-incrimination.

b. Not a violation if the accused is assisted by herlawyer.

c. A violation of the accused’s right againstself-incrimination.

d. None of the above.

34. Whatif Don Moen was asked to produce semen sample, the compulsion (to produce thesample) would be:

a. Not aviolation of the right against self-incrimination.

b. Not a violation if the accused is assisted by herlawyer.

c. A violation ofthe accused’s right against self-incrimination.

d. None of the above.

35. Whilein Manila towatch a Goo Goo Dolls concert, Brad was apprehended at the airport for havingshabu in his possession. The seizedshabu were packed in a sealed envelope and Brad was asked to sign theenvelopes. Brad can:

a. Refuse to sign because it isself-incriminatory.

b. Refuseto sign because he does not know what was inside the envelope.

c. Beforced to sign because it is not self-incriminatory

d. Beforced to sign because he is presumed guilty.

36. Is the security given for the release of aperson in custody of the law.

a. Parole c. Bail

b. Probation d. None of the above

37. Bailmay be given in the following forms:

a. corporate surety c. cash deposit

b. property bond d. all of the above

38. Noperson under detention by legal process shall be released or transferredexcept:

a. When ordered by the court c. Absconded

b. Admitted to bail d. None of the above

39. Bailis a matter of right in the following cases, except:

a. Before conviction by theMetropolitan Trial Court

b. Before conviction by the RTC of an offense punishable by reclusionperpetua.

c. After conviction in theMetropolitan Trial Court

d. None of the above

40. Is an order in writing issued in the name of thePeople of the Philippines, signed by a judge and directed to a peace officer,commanding him to search for personal property described therein and bring itbefore the court.

a. Warrant of Arrest b. Search Warrant c. Seizure Order d. Cease and Desist Order

41. It is used to induce a person to commit a crime as the said personhimself intends to commit the crime but must be caught doing so to facilitatehis arrest.

a. Instigation c. Entrapment

b. Inducement d.All of the above

42. A person is induced to commit the crime and the police officerhimself is a co-principal.

a. Instigation c.Entrapment

b. Inducement d.All of the above

43. Is the conception and planning of an offense by an officer and hisprocurement of its commission by one who would not have perpetrated it exceptfor trickery, persuasion or fraud of the officer.

a. Instigation c.Entrapment

b. Inducement d.All of the above

44. Any questioning initiated by law enforcement officers after a personhas been taken into custody or otherwise deprived of his freedom of action.

a. Entrapment c.Preliminary Investigation

b. CustodialInvestigation d.None of the above

45. It is the stage where the police investigation is no longer ageneral inquiry into an unsolved crime but has begun to focus on a particularsuspect taken into custody by the police who carry out a process ofinterrogation that aims to elicit incriminating evidence.

a. Entrapment c.Preliminary Investigation

b. CustodialInvestigation d.None of the above

46. Objects in plain view of an officer who has the right to be in theposition to have that view are subject to seizure and may be presented asevidence.

a. Plain view doctrine c. Waiver

b. Stop and Frisk Rule d.Search incidental to a lawful arrest

47. This doctrine is usually applied where a police officer is notsearching for evidence against the accused but nonetheless inadvertently comesacross an incriminating object.

a. Plain viewdoctrine c.Waiver

b. Stop and Frisk Rule . d. Hot pursuit

48. Is defined as the right of a police officer to stop a citizen on thestreet, interrogate him, and pat him for weapons.

a. Plain view doctrine c. Waiver

b. Stop andFrisk Rule d.Hot pursuit

49. A person lawfully arrested may be searched for dangerous weapons oranything which may be used as proof of commission of the offense w/o a searchwarrant.

a. Plain view doctrine c. Search of moving vehicle

b. Stop and Frisk Rule d. Search incidental to a lawful arrest

50. Such facts and circumstances which would lead areasonably discreet and prudent man to believe that an offense has beencommitted and that the objects sought in connection with that offense are inthe place sought to be searched.

a. Probable Cause for arrest c. JustCause

b. Probablecause for a search warrant d. All of the above

51. Is a document containing an order in the name ofthe People of the Philippines, signed by the judge and directed to a peaceofficer, commanding him to search for personal property described therein andbring it before the court.

a. SearchWarrant c.Warrant of Distraint and Levy

b. Warrant of Arrest d.Writ of Execution

52. Which of the following are not among the personalproperty to be seized pursuant to a search warrant?

a. Subject of the Offense c. Used to commit the Offense

b. Fruits of the Offense d. None of the Above

53. After serving the search warrant, theofficer must make a return to the court together with __.

a. A complete inventory b. A detailed receipt c. A bond d. All of the above

54. Isthe legal remedy available to a person who desires to suppress the evidenceseized by virtue of a search warrant.

a. Motionto Dismiss b. Motion to Suppress c. Motion to Quash d. none of the Above

55. Deliois arrested for vagrancy. The backpack hehad with him was searched. The search ofthe backpack is justified under ___.

a. Waiver b. Stop andFrisk c. Plain View Doctrine d. Search incidental to a lawfularrest

56. Is an inquiry or proceeding to determine whetherthere is sufficient ground to engender a well-founded belief that a crime hasbeen committed and the respondent is probably guilty thereof, and should beheld for trial.

a. Inquest b. Preliminary Investigation c. Stop and Frisk d. All of the above

57. Anapplication for search warrant MAY be filed with the following:

a. Any court within whose territorialjurisdiction a crime was committed.

b. For compelling reasons, any court of thejudicial region where the crime was committed.

c. Where the criminal action is pending.

d. All of the above

58. . A searchwarrant may be issued for the search and seizure of personal property:

a. Subject of the offense; c. Used or intended to be used as the means ofcommitting an offense.

b. Fruits of the offense d. All of the above

xxxxx

59. Theofficer, if refused into the place of directed search after giving notice ofhis purpose and authority, may:

a. Apply for awarrant c. Break out of a building

b. Break open any outer or inner door or windowof a house d. All of the above

60. No search of a house, room, or any other premisesshall be made except:

a. In the presence of the lawful occupantthereof or any member of his family

b. In thepresence of two witnesses who are Barangay officials

c. In thepresence of the Barangay Chairman

d. All ofthe above

61. As a general rule, a search warrant is served:

a. In the day time only, c. At the time when the person is in the placeto be searched

b. At anytimeof the day or night d. All of the above

62. A searchwarrant shall be valid for _______ days from its date.

a. 5 days b. 10 days c. 15 days d. no expiration

63. A checkpoint to screen vehicular traffic wasmade due to a confidential report that the suspects on board a jeepney(description provided in the tip) will be transporting marijuana. The search of the jeepney is justified basedon _____.

a. Plain view doctrine c. Search of moving vehicle

b. Stop and Frisk Rule d.Search incidental to a lawful arrest

64. After the seizure of the items pursuant of asearch warrant, the police officer shall make:

a. A detailed receipt of the items seized c. A detailed description of the items seized

b. A deliveryof the items seized together with the inventory d. All of the above

65. A person lawfully arrested may be searched for:

a. Dangerousweapons c. Contraband

b. Anything which may be used as proof in thecommission of an offense d. None of the above

66. After the prosecution has rested, the accused may file a motioncalling for the dismissal of the action based on insufficiency ofevidence. The motion is called a __

a. Motion to Dismiss b. Demurrer to Evidence c. Motion for Summary Judgment d. None of the above

67. The order of trial insofar as presentation of evidence, is asfollows:

a. Prosecution/Defense / Rebuttal by Prosecution / Rebuttal by Defense

b. Defense / Prosecution / Rebuttal by Defense / Rebuttal by Prosecution

c. Rebuttal Evidence by Prosecution / Rebuttal by Defense

d. In any order subject to the discretion of the judge

68. During arraignment, Pablo was diagnosed to be suffering frominsanity. The arraignment will __.

a. Push through as scheduled c.Be conducted at the hospital

b. Suspended d.Be subject to second call

69. What if Pablo is sustained injuries from a motorcycle accident andis confined to the hospital, the arraignment will be ____.

a. Push through as scheduled c.Be conducted at the hospital

b. Suspended d.Be subject to second call

70. This involves a similar issue in a civil suit which was pending whenthe criminal action was instituted.

a. Probable Cause b. JustCause c. Cause of Action d. Prejudicial Question

71. Martin filed a civil action for the nullification of the deed ofsale of his house and lot on the ground that his signature the deed of sale isforged. Thereafter, a criminal case forfalsification was filed against Alex, the alleged forger of the document. The civil case fro the nullification of thedeed of sale is called a _____.

a. Probable Cause b. JustCause c. Cause of Action d. Prejudicial Question

72. This is the stage of thetrial after arraignment where the parties to a criminal case tackle issues likeplea bargaining, stipulation of facts, marking of evidence, waiver of objectionto admissibility of evidence and other matters that will expedite the case.

a. Arraignment b. Pre-Trial c. Trial d. Judgement

73. The conduct of pre-trial before the MTC, RTC, and Sandiganbayan is____.

a. Discretionary upon the court b. Not required c. Optional on the parties d. Mandatory

74. Is the adjudication by the court that the axccused is guilty or notguilty of the offense charged and the imposition on him of the proper penaltyand civil liability, if any.

a. Arraignment b.Pre-Trial c.Trial d. Judgement

75. Upon promulgation by the Municipal Trial court, the judgment ofacquittal is _____.

a. Final and Executory c.Appealable to the Court of Appeals

b. Appealable to the Supreme Court d.Appealable to the Regional Trial Court

76 -100 TRUE OR FALSE. State whether the statement is:

a. True c. Partially True

b. False d. Partially False

76. Theaccused may, at any stage of the proceeding, request the court for the issuanceof compulsory process to secure the attendance of witnesses and production ofother evidence in his behalf. A True

77. Theaccused is not entitled to a speedy, impartial and public trial. B False

78. Theaccused may appeal in all cases even whenever it is allowed by law.A True

79. Thepresence of the accused during trial is required during arraignment.A True

80. Thepresence of the accused is required during promulgation. A True

81. A searchwarrant is an order in writing issued in the name of the People of the Philippines,signed by a judge and directed to a peace officer, commanding him to search forpersonal property described therein and bring it before the court. A True

82. Anapplication for search warrant shall be filed with any court within whoseterritorial jurisdiction a crime was committed. A True

83. Forcompelling reasons, an application for search warrant may be filed in any courtwithin the judicial region where the crime was committed if the place of thecommission of the crime is known, or any court within the judicial region wherethe warrant shall be enforced.ATrue

84. If thecriminal action has already been filed, the application shall only be made inthe court where the criminal action is pending. A True

85. A searchwarrant may be issued for the search and seizure of personal property, which isclassified as “Subject of the offense.”A True

86. Theaccused has the right to be presumed innocent until the contrary is provedbeyond reasonable doubt. A True

87. Theaccused must be informed of the nature and cause of the accusation against him.A True

88. Theaccused has the right to be present and defend in person and by counsel atevery stage of the proceedings, from arraignment to promulgation of thejudgment. A True

89. Theaccused may, however, waive his presence at the trial pursuant to the stipulationsset forth in his bail, unless his presence is specifically ordered by the courtfor purposes of identification. A True

90. Theaccused has the right to testify as a witness in his own behalf.A True

91. Theaccused may testify in his own behalf without cross-examination by the opposingparty.B

92. Theaccused himself who chooses to testify may be cross-examined on matters coveredby direct examination only. ATrue

93. Thesilence by the accused is an indication of guilt. B False

94. Theaccused is exempt from being compelled to be a witness against himself. A True

95. Theaccused can cross-examine the witnesses against him at the trial. A True

96. A searchwarrant may be issued for the search and seizure of personal property, which isclassified as “Stolen or embezzled” and “other proceeds, or fruits of theoffense.” A True

97. A searchwarrant may be issued for the search and seizure of personal property, which isclassified as “Used or intended to be used as the means of committing anoffense.”B False

98. A search warrantshall not issue except upon probable cause in connection with one specificoffense.A True

99. A searchwarrant shall not issue except upon personal determination of probable cause bythe judge.A True

100. Thedetermination of probable cause by the judge is made after examination underoath or affirmation of the complainant and the witness he may produce.A True

-END OF EXAMINATI

Martes, Setyembre 17, 2013

CDI-5 (DRUG EDUCATION AND VICECONTROL)

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