FINAL EXAMINATION
(CLJ 3 –
CRIMINAL PROCEDURE)
SY2011-2012/2nd
Semester
INSTRUCTION: Select
the correct answer for each of the following questions. Mark only one answer
for each item by shading the space corresponding to the letter of your choice
on the answer sheet provided. STRICTLY NO ERASURES ALLOWED.
1. It is a provisional remedy issued upon an
order of the court where an action is pending to be levied upon the
property of the defendant, the same can be
held thereafter by the sheriff as security for the satisfaction of whatever
judgment might be secured in said action
by the attaching creditor against the defendant.
A.
Preliminary Injunction C. Preliminary Attachment
B.
Motion for Prohibition D. Judgment
2. The provision remedies, in so far as there
are applicable, may be availed of in connection with the civil action
deemed instituted in _________________ .
A. Civil Case C. Administrative Action
B. Criminal Action D. Remedial Action
3. When the civil action is properly instituted
in the criminal action, the offended party may have the property of the
accused attached as security for the
satisfaction of any judgment that may be recovered from the accused in the
following cases:
A. When the accused is about to leave from the Philippines
B. When the accused has concealed, removed or
disposed of his property or is about to do so.
C. When the accused is out on bail.
D. When the criminal action is based on a claim
for money or property embezzled or fraudulently misapplied
or converted to the use
of the accused who is a public officer, officer of a corporation, attorney de facto,
broker or agent or clerk
in the course of his employment as such.
4. This doctrine means that an unlawful search
taints not only the evidence obtained there at but also facts discovered
by reason of unlawful search.
A. Proof beyond reasonable doubt. C. Fruits of the
poisonous tree.
B. Burden of proof D.
Border Search
5. This rule commands that evidence obtained by an unreasonable
search and seizure is excluded from evidence.
A. Consented warrantless Search C. Exclusionary Rule
B. Stop and frisk on Terry search. D. Inspection
Search
6. The filing of the petition for __________is
considered a waiver of the accused’s right to appeal, makes his
conviction final the moment he files
said application.
A. New Trial C. Motion for Reconsideration
B. Probation D. Appeal
7. It is a ground for new trial except:
A. Error of Law
B. Irregularities prejudicial to the substantial
rights of the accused have been committed during the trial.
C. Failure to
conduct preliminary Investigation
D. Newly discovered evidence has
been discovered which accused could not with reasonable diligent have
discovered and produced at
the trial and submitted would probably changed the judgment.
8. It is a motion which can interrupt the
running of the fifteen (15) day period to perfect an appeal.
A. Motion for new trial C. Motion for Reconsideration
B. Motion in Quash D.
Motion for probation
9. How long is given to the accused to make his
appeal before the judgment will become final and executor?
A. 30 days C. 15 days
B. 45 days D. 20 days
10. Who may appeal?
A. Only the accused C. Any party
B. Only the complainant D. The
prosecutor
11. In cases divided by the Metropolitan Trial
Court, where should the appeal be filed?
A. To the court of Appeals C. To the Supreme Court
B. To the Regional
Trial Court D. To the Municipal Trial Court
12. It is a ground for new trial except:
A. Errors of law
B. Irregularities prejudicial to the substantial
rights of the accused have been committed during the trial.
C. New
and material evidence has been discovered which the accused could not with
reasonable diligence
have discovered and produced at
the trial and which if introduced and admitted would probably change the
judgment
D. minority of the
accused
13. It may be granted by the court where the
incompetency of the counsel for the defense is so great that the defendant was
prejudicial and prevented from
fairly presenting his defense.
A. New Trial C. Dismissal of the case
B. Reconsideration D.
Judgment
14.
Requisites of newly discovered evidence to be a valid ground for new trial,
except:
A. The evidence was discovered
after the trial
B. Such evidence could not have been discovered
and produced at the trial even with existence of reasonable diligence.
C. The evidence violates the Principle of Double
Jeopardy.
D. The evidence must go to the merits and not
rest on merely a technical defense.
15. It is a motion which may be filed after
judgment but within period for perfecting an appeal.
A. Motion for reconsideration C. Motion for new
trial
B. Motion to Quash D.
Motion to file an appeal
16. It is a motion which may be presented only
after either or both parties have
formally offered and closed their evidence, but
before judgment.
A. Motion to
re-open trial C. Motion for reconsideration
B. Motion to file an appeal D.
Motion to Quash
17. In all cases, when the court grants new
trial, what happens to the original judgment?
A. The judgment is
set aside or vacated C. The judgment become final and executory
B. The judgment is retained D. The judgment may be appealed
18. When a new trial is granted on the ground of
newly discovered evidence, what happen to the original evidence already
presented?
A. The evidence
already presented remains C. The evidence already presented will be set
aside
B. The evidence already presented will be
discard D. The evidence already presented will not be
given weight.
19. When criminal actions are brought to the
Court of Appeals or to the supreme court, who must represent the people of the
A. Public of the Philippines
B. The private prosecutor with
the conformity of the Assistant Provincial Prosecutor
C. The judge
D. The Solicitor
General
20. In cases decided by the Metropolitan Trial Court, Where should the appeal be
filed?
A. Regional Trial
Court C. To the Supreme Court
B. To the Court of Appeals D.
to the Municipal Circuit Court
21. In cases decided by the court of Appeal where
should the appeal be filed.
A. To the Supreme
Court C. To the Solicitor General
B. To the Sandigan Bayan D.
To the Court of Appeals itself
22. If the criminal case is dismissed by the
court, or there is acquittal, can the complainant or the offended party make an
appeal.
A. No, because it is only the accused who can
appeal in case of conviction.
B. No, the offended party or complainant cannot
appeal the criminal aspect of the case.
C. Yes,the
complainant or offended party may appeal the civil aspect of the case only.
D. Yes, the complainant and the accused are both
given by law the right to appeal either the criminal aspect or civil
aspect of the case.
23. What is the remedy of the accused in case a
final judgment of conviction was rendered by the court?
A. File an appeal C. File a motion to Quash the information
B. File a motion to set aside judgment D.
File a motion for new trial
24. Who may appeal from a judgment or final order
of the court?
A. Prosecution only C. Any
Party
B. Defense only D. The judge
25. For purposes of determining appellate jurisdiction in criminal cases is the
__________of the penalty is taken account
A. Minimum of the penalty C. Maximum of the
penalty
B. Medium of the penalty D. None of the above
26. When can a final judgment becomes final?
A. Upon the
expiration of the period to appeal therefrom if no appeal has been duly
perfected.
B. Upon the expiration of the period of 30 days
C. Upon the expiration of the period of 10 days
D. Upon the expiration of the period of 20 days
27. Pedro was sentence to suffer five years
imprisonment by final judgment. Before the period of appeal lapsed, Pedro
escaped.
Can he appeal his case?
A. Yes, because his right to appeal is provided
in our constitution
B. Yes, because he opted to file an appeal
because the period of appeal had not yet lapses
C. No, because he
escaped; hence, he waived his right to appeal
D. Yes, his right to appeal is mandatory right.
28. The appeal to the Court of Appeal in cases
decided by the Regional Trial Court in the exercise of its appellate
jurisdiction shall
be by ____________
A. Petition by Motion for Reconsideration C.
Petition to re-open the trial
B. Petition for new trial D. Petition for
review
29. How should be the service of the notice of
appeal be secured if it cannot be made upon the adverse party or his counsel.
A. By e-mail service C. By registered mail service
B. By telephone service D. By telegraph service
30. When is an appeal be taken?
A. Within fifteen
(15) days from promulgation of the judgment
B. Within five (5) days from promulgation of the
judgment
C. Within Thirty (30) days from promulgation of
the judgment
D. Within twenty (20) days from promulgation of
the judgment
31. Pedro is the complainant against Berto in a
criminal case. Berto was convicted and the judgment was promulgated. Before the
judgment became final the complainant
filed an appeal. Does Pedro have the right to appeal in a criminal case.
A. No, only the accused/convicted accused can
appeal
B. Yes, the
complainant can appeal on the civil aspect only of the case.
C. No, because he is the complainant, not the
accused.
D. No, because such appeal made by the
complainant will place the accused in double jeopardy.
32. Mario was convicted on the complaint of Noel
for homicide. Mario was sentenced to four years and six months and one day.
Noel the complainant appealed on the
ground that the penalty imposed was not proper. And Noel prayed that it be
increased.Was the appeal of Mario
Proper?
A. Yes, because he has also the right to appeal
even if he is the complainant.
B. Yes, because the penalty imposed is really
not proper.
C. No, the appeal
of Noel would constitute a violation on the right of the accused for it will
fall under Double jeopardy.
D. Yes, because under the law, Rule 122,
Sec.1, provides that any party may
appeal from a judgment or final order.
33. John was convicted by final judgment for the
crime of murder. He was sentenced with
an imprisonment of Reclusion
Perpetua. He did not appeal. The judgment became final and executor. The
Supreme Court by its own power (motu propio)
reviewed the judgment. Is the Supreme Court
correct?
A. No, because John did not appeal his judgment
B. No, because the proper person in interest
(John) no longer wants to appeal his case.
C. Yes, the
Supreme Court has the power to review judgment with maximum penalty of
Reclusion Perpetua,
automatically.
D. No, it is only the accused who can appeal his
case.
34. When may the period for perfecting an appeal shall be suspended?
A. From the time a motion to re-open the trial
is filed
B. From the time a
motion for reconsideration is filed
C. From a time a motion to Quash the information
is filed.
D. From the time a motion to dismiss is filed.
35. The world “Promulgation” refers to
___________.
A. Case Record C. Order
B. Judgment D. Trial
36.
The word “ Notice” refers to ___________.
A. Judgment C. Trial
B. Case Record D. Order
37. Within how many days should the clerk of
court with whom the notice of appeal was filed must transmit to the clerk of court
of the appellate court the complete
record of the case together with the said notice.
A. Ten days C. Five days
B. Fifteen days D. Twelve days
38. In all cases where the death penalty is
imposed by the Trial Court, the records shall be forwarded to the court of
appeals for
automatic review within how many days
from the promulgation of the judgment.
A. Within fifteen days but not earlier than ten
days from the promulgation of the judgment or notice of denial of a motion
for new trial or
reconsideration.
B. Within twenty
days but not earlier than fifteen days from the promulgation of the judgment or
notice of denial of a
motion for new trial or
reconsideration.
C. Within ten days but not earlier than seven
days from the promulgation of the judgment or notice of denial of a
motion for new trial or
reconsideration
D. Within seven days but not earlier than five
days from the promulgation of the judgment or notice of denial of a
motion for new trial or
reconsideration
39. Juanito was convicted by the trial court. A
Counsel de Oficio was appointed to him by the court for his appeal since he is
confined in prison. To cut short the
proceedings of appeal,the counsel de oficio of Juanito withdraw the
appeal. Is the action
of the consel de oficio proper?
A. Yes, because the counsel de
oficio wishes to cut short the proceedings of the appeal since he is not being
paid by
Juanito.
B. Yes, because it is his right (counsel de
oficio) to terminate the appeal at any time even without the consent of
Juanito.
C. No, he (counsel
de oficio) cannot withdraw the appeal without the consent of Juanito.
D. Yes, considering that it was not Juanito who
choose him (counsel de oficio) to be his lawyer for his (Juanitos’) appeal.
40.
There is a uniform procedure in the Municipal Trial Courts except:
A. In the municipal circuit trial court’s C.
Municipal trial courts in cities
B. Metropolitan Trial Courts D. In criminal cases governed by the revised
Rules on summary procedures.
41. In all criminal cases appealed to the Court
of Appeals the property appealing the case shall be called the _______________
A. Complainant C. Appellee
B. Appellant D. Respondent
42. The adverse party of the aprty appealing the
case is called the ______________
A. Appellant C. Plaintiff
B. Accused D. Appellee
43. The court of appeals may dismiss the appeal
on the following ground except:
A. If appellant escapes from prison C. If appellant jumps bail
B. If appellant escapes from confinement D. If appellant files a motion
for reconsideration
44. It is one of the scope of judgment of the
Court of Appeals except:
A. Reverse the judgment imposed by the trial
court.
B. Affirm the judgment imposed by the trial
court.
C. Increase or reduce the penalty imposed by the
trial court.
D. Forward the
case to the Supreme Court.
45. Trials and hearings in the court of appeals
must be continuous and must be completed within such period, unless extended by
the chief justice.
A. Within six (6) months C. Within three (3) months
B. Within ten (10) months D. Within twelve (12) months
46. Arturo was sentenced by the trial court with
death penalty when death penalty is still on effect. There was an automatic
review by the Supreme Court. While the case is still in the Supreme Court,
the death penalty was out lowed. The
supreme
Court affirm the decision of the
trial court. What should be the proper
penalty to be imposed upon the accused by the
supreme court.
A. Death Penalty C. Reclusion Perpetua
B. Reclusion Temporal D. Prison Correctional
47.
A motion for reconsideration shall be filed within such period from notice of
the decision or final order of the court of Appeals,
with copies thereof served upon the
adverse party, setting forth the grounds in support thereof.
A. Within fifteen
(15) days C. Within twenty (20) days
B. Within ten (10) days D. Within thirty (30) days
48. Unless otherwise provided by the constitution
or by law the procedure in the ____________in original and in appealed cases
shall be the same as in the Court of
Appeals.
A. Regional Trial Court C. Municipal Trial Court
B. Supreme Court D. Municipal Circuit Trial Court
49. The procedure for the review by the supreme
court of decisions in criminal cases rendered by the court of appeals shall be
the
same in _____________________
A. Civil Cases C. Corporate cases
B. Administrative cases D. Quash criminal cases
50. When the Supreme Court en banc is equally divided in opinion or the necessary
majority cannot be had on whether to acquit
the appellant, the case shall again be
deliberated upon and if no decision is reached after re-deliberation the
judgment of
conviction of the lower court shall be
___________.
51. It is an order in writing issued in the name
of the people of the Philippines
commanding him to search for personal
property described therein and bring it before the court.
A. Warrant of Arrest C. Information
B. Complaint D. Search Warrant
52. It refers to person and places particularly
described thoroughly investigated or searched.
A. Seizure C. Confiscation
B. Search D. Take into custody
53. It refers to things particularly described to
be taken away or confiscated or to be seized.
A. Search C. Looking for something
B. Seizure D. Thorough investigation
54. If the criminal action has already been filed
where should the application for search warrant be filed?
A. Any court within whose territorial
jurisdiction of a crime was committed.
B. Any court within
the judicial region where the crime was committed.
C. Any court within the judicial region where
the warrant shall be enforced
D. In the court where the criminal action is
pending
55. A search warrant may be issued for the search
and seizure for this kind of property.
A. Real Property C. Personal property
B. Paraphernal Property D. Capital property
56. A _________A_________ shall not issue except upon (57)________B__ in
connection with one specific offense to be determined
personally by the (58) ______C______after
examination under(59)_____D_________
or affirmation of the
(60)_________E________ and the witnesses he may
produce, and particularly describing the place to be searched and the things
to be seized.
A. Search warrant C. Judge E. Complainant
B. Probable cause D. Oath
61. During the arraignment, the accused must be
______________.
A. Represented by a proxy C.
Out of the country
B. Present personally D. Represented by the prosecutor
62. What plea is recorded or entered for the
accused if he refuses to plead?
A. Plea of guilty C. No plea is entered
B. Plea of not
guilty D. Improvident plea of guilty
63. The reading of the complainant or information
during the arraignment shall be done in what dialect or language?
A. In English only C. In Spanish
B. In Tagalog only D. In the dialect or language known by the accused
64. Total criminal liability is extinguished
except by:
A. By service of sentence C.
By prescription of crime
B. By absolute Pardon D. By conditional
pardon
65. It is the Loss or waiver of the State of its
right to prosecute an act prohibited and punished by law.
A. Prescription of jurisdiction C. Prescription of crime
B. Prescription of venue D. Prescription of penalty
66. It is an accusation in writing charging a
person with an offense subscribed by the prosecutor or fiscal and filled with
the court.
A. Arrest C. Complainant
B. Information D. Warrant of Arrest
67. It is a sworn written statement charging a
person with an offense, subscribed by the offended party, any peace officer or
other
public officer charged with the
enforcement of the law violated.
A. Information C. Complaint
B. Search Warrant D. Warrant of Arrest
68. He shall have the direction and control in
the prosecution of all criminal actions either commenced by complaint or by
Information.
A. Public
Prosecutor or fiscal C. Judge
B. Clerk of Court D. Investigator on case
69. It has the power to order a change of venue
or place of trial to avoid a miscarriage of justice.
A. Congress C. Supreme Court
B. Court of Appeals D. Senate
70. The proper officer who issues a warrant of
arrest.
A. Public Prosecutor C. Judge
B. Chief of Police D. Clerk of Court
71. It is defined as such facts and circumstances
which would lead a reasonable discreet and prudent man to believe that an
offense has been committed and that the objects sought in connection with the
offense are in the place sought to be searched.
A. Personal Knowledge C. Probable Cause
B. Proof beyond reasonable doubt D. Principle of innocence
72. Requisites of a valid search warrant except:
A. It must be upon probable cause
B. The search warrant must particularly describe
the place to be search and the things to be seized
C. The search warrant must be issued in
connection with the specific offense
D. The search
warrant must involved real properties
73. It is a warrant which fails to sufficiently
specify the place or person to be searched or things to be seized.
A. Search Warrant C. Provisionary Search Warrant
B. General Search
Warrant D. Probationary Search Warrant
74. The officer, enforcing the search warrant if
refused admittance to the place of directed
search after giving notice of his
purpose and authority, what may be
his legal; move?
A. May break open any outer or inner door of a
house
B. May break open any outer or inner window of a
house
C. May liberate himself when unlawfully
detained.
D. All of the
above
75. How should a search of a house, room, or any
other premises be made?
A. Presence of the lawful occupant C. Two witnesses of sufficient age and discretion
B. Presence of any member of the occupant’s
family D. All of the above
76. PO1 Reyes was enforcing a search warrant, he
introduced himself to the occupant of the house and mentioned his purpose,
however he was refuse admittance. What
should be the legal move of PO1 Reyes?
A. May break open the door C. May break any part of the house to make an
entry
B. May break open the window D. All of
the above
77. The validity of the search warrant.
A. Ten (10) days
from its date C. Seven (7) days from its date
B. Fifteen (15) days from its date D. Five (5) days from its date
78. To whom the officer who served the search
warrant return the property seized?
A. To the prosecutor C. To the complainant
B. To the judge
who issued the warrant D. To the clerk of court
79. Berto was seen and observed by PO2 Peralta in
the act of picking the wallet of Carlos.
Berto successfully took possession of
the wallet of Carlos. At this instance PO2 Peralta arrested Berto
and when PO2 Peralta search Berto a bladed weapon was
found in his possession. Berto was
charged with theft and illegal possession of deadly weapon. He countered that
the search
made by PO2 Peralta on his person is
illegal. Is Berto correct?
A. Yes, because PO2 Peralta have no search
warrant when he searched Berto.
B. Yes, the deadly weapon cannot be used as
evidence against Berto because it was illegally searched.
C. No, because the
search made by PO2 Peralta is incidental to a lawful arrest.
D. Yes, because PO2 Peralta abused his authority
when he searched Berto without a warrant.
80. The rule that searches and seizures must
be.supported by a valid search is not absolute. The exception is:
A. Search incidental to a lawful arrest C.
Stop and Frisk
B. Plain view seizure D. all of
the above E. None of the above
81. A valid search warrant was issued against
Roberto. When the warrant was served on the house of Roberto, an unlicensed
firearm was found in his room which is
not included in the search warrant. He was charged for illegal possession of
unlicensed firearm. Will the case against Roberto prosper?
A. Yes, because he was in possession of an
unlicensed firearm
B. Yes, because seizure of the unlicensed firearm
is incidental to a lawful search.
C. No, because the
firearm is not one of those personal properties ordered to be seized by the
court, and therefore
illegally obtained
evidence.
D. Yes, although it is not included in the search
warrant, the firearm which is unlicensed is illegal and therefore can be
confiscated and seized
82. This doctrine means that an unlawful search
taints not only the evidence obtained during the search but also facts
discouraged
by reason of said unlawful search
A. Principle of double jeopardy C. Proof of
beyond reasonable doubt principle
B. Principle of a fruit a Poisonous tree D.
Search incidental to a lawful arrest principle
83. It is defined as the vernacular designation
of the right of a police officer to stop a citizen on the street, interrogate
him and put
him for weapons,
A. Stop & Frisk C. Waiver
B. Plain view
seizure D. Consented warrantless search
84. This rule commands that evidence obtained by
an unreasonable search and seizure is excluded from evidence.
A. Exclusionary rule C. Plain view doctrine
B. Fruit of a poisonous tree doctrine D. Stop & Frisk Principle
85. In this principle, the law requires that
there be fist a lawful arrest before a
search can be made.
A. Plain view
doctrine C. Search incidental to lawful arrest
B. Stop & Frisk Doctrine D. Inspection search
86. The purpose of search incidental to A lawful
arrest, except:
A. Protect the arresting officer against
physical harm from the person being arrested
B. The person being arrested might be
concealing weapons to be used against the officer
C. To protect the person arrested from
destroying evidence within his reach.
D. To know the
identity of the arrested person.
87. The search warrant was issued on February 01, 2012 , up to
what date will it be valid?
A. Feb 09, 2012 C.
Feb 12, 2012
B. February 11,2012 D. February 10,2012
88. The officer after the conduct of search and
seizure must do the following except:
A. Give a detailed receipt of the property
seized to the lawful occupant.
B. Leave a detailed receipt of the property in
the place in which he found the seized property in the presence of at least
two witnesses of sufficient age and discretion
residing in the same locality.
C. Deliver immediately the property seized to
the issuing judge together with the true and duly verified under oath
inventory thereof
D. Deliver
immediately the property seized in a bonded warehouse for safekeeping even
without the approval of the
court.
89. The extent of warrantless search may be made
on the person of the suspect and immediate vicinity or surrounding area of the
place of arrest, except:
A. In his room
B. Confined place within the accused’s immediate
control
C. In his house
situated 150 kmtrs away from the place of arrest
D. Premises of surroundings under his immediate
control.
90 Routine inspection are not regarded as
violative of an individual’s right against unreasonable search, except:
A. Where the
occupants are subjected to a physical or
body search
B. Where the officers flashes a light therein
without opening the car’s door
C. Where the inspection of the vehicle is limited
to a visual search or visual inspection
D. Where the routine check is conducted in a
fixed area
QUESTION 91 TO 100
Blacken
A, if both statements are correct; B if the first statement is correct and the
second is incorrect; C if the first statement is incorrect and the second is
correct; D if both statements are incorrect:
91. The frisk and search of a person is a
permissible precautionary measure to protect the officer from such person who
might be armed with dangerous weapon. Warrantless search or incoming and
outgoing passengers at the arrival and departure areas of an international
airport is universally allowed. A
92. Stop and frisk is limited protective search
of outer clothing for weapons. A waiver
of an illegal warrantless also mean a waiver of the inadmissibility of evidence
seized during an illegal warrantless arrest.B
93. Warrantless search incidental to s lawful
arrest may be made on the person only of the suspect and not in the immediate
vicinity or surrounding area of the place of arrest. Warrantless search incidental to a lawful
arrest may be made on the premises or surroundings under the persons immediate
control.C
94. Where the search is made pursuant to a lawful
arrest, there is always need to obtain a search warrant. When the accused was
caught inflagrante (in the act) there must be a search warrant to search him
and a warrant of arrest for his arrest.D
95. The search warrant is valid for ten days from
its date. The warrant must direct that it be served in the day time unless the
affidavit asserts that the property is on the person or in the place ordered to
be searched, in which case a direction may be inserted that it be served at any
time of the day or night.A
96. A search warrant may be issued for the search
and seizure of personal property. An
application for search warrant may be filed in any court within which whose
territorial jurisdiction a crime was committed.A
97. Search refers to persons and places
particularly described to be searched. A
warrant of arrest is an order in writing issued in the name of the people of
the Philippines
98. A motion to re-open trial maybe filed after judgment but within the period
for reconsideration can interrupt the running of the 15 day period to perfect
an appeal.C
99.
Decisions of cases in the court of appeals is appealable to the Regional Trial
Courts. Cases decided by the regional trial courts are appealable to the
Metropolitan Trial Courts.D
100. For the purpose of determining appellate
jurisdiction in criminal cases, the maximum of the penalty and not the minimum
is taken into account. The period within
which to perfect an appeal is fifteen (15) days.A
END OF EXAMINATION
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