2/22/2021 Remedial Law Review Prelims Part 1: REM LAW REV 2 | JD 4B | REMEDIAL LAW REVIEW 2

Remedial Law Review Prelims Part 1

Due No due date Points 50 Questions 50
Available Feb 20 at 2pm - Feb 22 at 10:59pm 2 days Time Limit 60 Minutes

Attempt History
Attempt Time Score
LATEST Attempt 1 18 minutes 46 out of 50

 Correct answers will be available on Feb 23 at 12am.

Score for this quiz: 46 out of 50

Submitted Feb 22 at 12:36pm
This attempt took 18 minutes.

Question 1 1 / 1 pts

Republic Act 11362 or the Community Service Act (CSA) allows courts,
in the exercise of their discretion, to require community service and
rehabilitative counselling in lieu of jail time were the penalties imposed
are arresto mayor (imprisonment from one (1) month and one (1) day
to six (6) months) and arresto menor (imprisonment from one (1) to
thirty (30) days).

True

False

Question 2 1 / 1 pts

Pedro was convicted of frustrated homicide which is non-

probationable. He appealed his conviction, pointing out that the
evidence on record did not prove his guilt beyond reasonable doubt.
The appellate court modified the judgment and convicted him of
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attempted homicide instead. Since this is already probationable, Pedro

may apply for probation.

True

False

Question 3 1 / 1 pts

The accused charged with estafa may file a counterclaim for moral and
exemplary damages plus attorney's fees and litigation expenses
against the private complainant in the same criminal action.

True

False

Question 4 1 / 1 pts

A court may grant bail to the accused even if he has not yet been
arrested or has not surrendered.

True

False

Question 5 1 / 1 pts

A court may grant the motion of an accused for the dismissal of the
case even if the accused has not yet been arrested or has not
surrendered.

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True

False

Question 6 1 / 1 pts

Since pre-trial is mandatory in criminal cases, the failure of the private

complainant to appear thereat is a ground for the dismissal of the
action.

True

False

Question 7 1 / 1 pts

A private complainant may question the quashal of a search warrant

even without the conformity of the prosecutor.

True

False

Question 8 1 / 1 pts

A court may issue a search warrant for an offense which is outside its
jurisdiction.

True

False
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Question 9 1 / 1 pts

In determining whether an offense is bailable, the penalty to be

considered shall be that determined after appreciating the aggravating
or mitigating circumstances alleged in the Information.

True

False

Question 10 1 / 1 pts

The filing with the Office of the City Prosecutor in Baguio City of the
Complaint for a violation of a city ordinance not governed by the Rule
on Summary Procedure interrupts the period of prescription of the
offense.

True

False

Question 11 1 / 1 pts

The doctrine of primary jurisdiction is applicable in criminal cases.

True

False

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Question 12 1 / 1 pts

A wife may file in Baguio City a case for psychological violence under
R.A. No. 9262, committed through marital infidelity, against her
husband who began cohabiting with his boyfriend in Dubai.

True

False

Question 13 1 / 1 pts

After arraignment, a substantial amendment may still be made on the

Information if it would be beneficial to the accused.

True

False

Incorrect Question 14 0 / 1 pts

If the motion to quash is based on an alleged defect of the complaint

or information which can be cured by amendment, the court may either
grant the motion or order that the Information be amended.

True

False

Question 15 1 / 1 pts

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An amendment that excludes an accused may be done without leave of

court if done before plea.

True

False

Question 16 1 / 1 pts

An amendment of the Information that downgrades the nature of the

offense done before plea must be with notice to the private
complainant.

True

False

Question 17 1 / 1 pts

A complaint or information is sufficient if its states the names of the

accused and the offended party, the designation of the offense given by
the statute, the acts or omissions complained of as constituting the
offense, the approximate date of the commission of the offense and the
place where the offense was committed.

True

False

Question 18 1 / 1 pts

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A search warrant may be quashed at the court trying the case involving
the items seized even if it was not the one which issued it.

True

False

Question 19 1 / 1 pts

All criminal cases within the competence of the Metropolitan Trial

Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal
Circuit Trial Court are bailable as matter of right.

True

False

Question 20 1 / 1 pts

The State may initiate a criminal action for seduction, abduction, or acts
of lasciviousness.

True

False

Question 21 1 / 1 pts

All criminal actions commenced by a complaint or information shall be

prosecuted under the direction and control of the prosecutor.

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True

False

Question 22 1 / 1 pts

A person under preliminary investigation does not have the right to

confront the witnesses presented against him.

True

False

Question 23 1 / 1 pts

Double jeopardy does not attach if the trial court acted with grave
abuse of discretion and denied the prosecution the opportunity to
present its case.

True

False

Question 24 1 / 1 pts

In a search of a moving vehicle as a valid warrantless search, what is

to be searched is the vehicle and not a particular passenger.

True

False
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Question 25 1 / 1 pts

A Metropolitan Trial Court has jurisdiction over an offense which carries

a penalty of imprisonment of not exceeding six years.

True

False

Question 26 1 / 1 pts

When implementing a search warrant for equipment used in the

fabrication of fake government identification cards and documents, an
officer may seize a diploma not stated in the warrant for as long as it
was within his plain view.

True

False

Question 27 1 / 1 pts

When the accused fails to appear during the promulgation of judgment,

his bail shall be cancelled.

True

False

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Question 28 1 / 1 pts

When the case is terminated with the acquittal of the accused, the bail
may already be forfeited.

True

False

Question 29 1 / 1 pts

Once an inquest has been conducted, a preliminary investigation shall

no longer be conducted.

True

False

Question 30 1 / 1 pts

The institution of a criminal action refers to the commencement of the

action.

True

False

Question 31 1 / 1 pts

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Territorial jurisdiction refers to the jurisdiction that a court has over its
territory.

True

False

Incorrect
Question 32 0 / 1 pts

Bail shall no longer be granted to a person who has once jumped bail.

True

False

Question 33 1 / 1 pts

The settlement of the civil aspect of a criminal case is ground for its
dismissal.

True

False

Incorrect
Question 34 0 / 1 pts

A person convicted of a capital offense may opt not to appeal the

judgment against him.

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True

False

Question 35 1 / 1 pts

The denial of a motion to quash the Information filed on the ground of

lack of jurisdiction over the offense may be assailed through a petition
for certiorari.

True

False

Question 36 1 / 1 pts

When allegations in an Information are vague or indefinite, the remedy

of the accused is not a motion to quash, but a motion for a bill of
particulars.

True

False

Question 37 1 / 1 pts

Under the Doctrine of Finality of Acquittal, a judgment acquitting the

accused is not subject to an appeal.

True

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False

Question 38 1 / 1 pts

The issuance of a warrant of arrest shall be suspended for a period not

longer than 60 days if a petition for review is filed with the Department
of Justice.

True

False

Question 39 1 / 1 pts

A provisional dismissal without the consent of the accused is not valid.

True

False

Question 40 1 / 1 pts

The court may deny any defense counsel or prosecutor the right to
practice before the court trying the case for a period not exceeding
thirty (30) days if he gives a false reason for continuance.

True

False

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Question 41 1 / 1 pts

There is no need for a prior reservation of the right to institute, against

the accused, a separate civil action under Articles 32, 33, 34, and
2176 of the Civil Code.

True

False

Incorrect Question 42 0 / 1 pts

If the bigamy case was initiated by a person other than the wife, the
wife may still intervene in the criminal case for the enforcement of the
civil liability of the husband.

True

False

Question 43 1 / 1 pts

Any remedial measure, including a reinvestigation, must be addressed

to the sound discretion of the court once the Information is filed.

True

False

Question 44 1 / 1 pts

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An offense charged necessarily includes the offense proved when the

essential ingredients of the former constitute or form a part of those
constituting the latter.

True

False

Question 45 1 / 1 pts

When it becomes manifest at any time before judgment that a mistake

has been made in charging the proper offense and the accused cannot
be convicted of the offense charged or any other offense necessarily
included therein, the accused shall be released from detention if he is
not being detained for other lawful causes.

True

False

Question 46 1 / 1 pts

The appeal of the offended party from the civil aspect shall not affect
the criminal aspect of the judgment or order appealed from.

True

False

Question 47 1 / 1 pts

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If the affidavit of the applicant for a search warrant asserts that the
property is on the person or in the place ordered to be searched, the
warrant may be served at any time of the day or night.

True

False

Question 48 1 / 1 pts

If the conviction is for a light offense, the promulgation shall proceed

even in the absence of the accused and the judgment may be
pronounced in the presence of his counsel or representative.

True

False

Question 49 1 / 1 pts

The discharge of an accused so that he will become a State witness

shall amount to his acquittal even if the prosecutor would decide later
not to present him.

True

False

Question 50 1 / 1 pts

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If the Accused was arraigned without filing a motion to quash the

information on the ground of his unlawful arrest, he can no longer raise
the same issue during the trial.

True

False

Quiz Score: 46 out of 50

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