Professional Documents
Culture Documents
Criminal Proced Wps Office 1 1
Criminal Proced Wps Office 1 1
Joinder of separate and distinct offenses in one and the same information/complaint...
1 point
Motion to Quash
Double Jeopardy
Duplicity of offense
The accused may question 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:
1 point
Before arraignment
✔️
Before conviction
Before trial
It refers to an informal and summary investigation conducted by a public prosecutor in criminal cases
involving a person arrested and detained without the benefit of a warrant of arrest issued by the court
for the purpose of determining whether or not said persons should remain under custody and
correspondingly charged in court...
1 point
Interrogation
cross examination
Inquest
✔️
preliminary investigation
Cardo is a police officer, Hipolito is the offender, Lakas is the victim. From the foregoing situation
supposed that an investigation was conducted for the killing of LAKAS and after more than 6 years of
investigation CARDO discovered that Hipolito is the perpetrator and is already dead, the wife of Lakas
wanted to pursue the criminal case, what advise can you give to wife of LAKAS...
1 point
That the death of HIPOLITO does only partially extinguishes the criminal liability
The civil action involves an issue similar or intimately related to the issue raised in the criminal action.
1 point
Double Jeopardy
Duplicity of offense
Prejudicial question
✔️
If the crime is committed in the province and the penalty thereof is one that does not require
preliminary investigation the complaint shall be filed…..
1 point
The public prosecutor shall prosecute, direct and control all criminal actions commenced by a complaint
or information. The private prosecutor (private counsel) may prosecute the case in the event and
provided that: 1. The public prosecutor has heavy work schedule; or 2. There
is lack of public prosecutors; 3. The private prosecutor must be authorized in writing by the
Chief Prosecution Office or Regional State Prosecutor; and such will be subject to the court’s approval.
4. The private prosecutor must be authorized by the court
1 point
2, 3 & 4
1, 2 & 4
1, 2 & 3
✔️
1, 3 & 4
1, 2, 3 & 4
1 point
Hot pursuit
Continuing crime
Emergency doctrine
1 point
1 point
1 point
The crime committed is victimless crime, upon service of arrest to the accused, the latter requested the
stoppage of the service of the same after all, the crime committed has no complainant and he is giving
you something in returned, how can you deal with the situation?
1 point
Enforce the warrant but accommodate that request for the first time
Enforce the warrant regardless of the fact that the crime is victimless
✔️
Not enforce the warrant since there is tendency that this case will only help in clogging the court
Enforce the warrant but accommodate, the request is just between you and the offender
1 point
Civil liability arising from the offense charged is deemed instituted upon filing of criminal action in court
as provided by rule 111 of the rules of court. In what instance can a civil action for recovery of civil
liability can be separated?
1 point
When the institution of the civil action is made prior to the criminal action
When the offended party reserves his right to institute the civil action
For instance, the provincial or city prosecutor promulgated an unfavorable resolution of the case, where
can be accused file a petition for review of the said resolution?
1 point
department of justice
✔️
After 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?
1 point
15 days
5 days
✔️
30 days
10 days
If the crime charged is unclear, what motion may be filed before the arraignment?
1 point
Motion to dismiss
Motion to quash
Bill of particular
✔️
In order that a person accused of a crime should be bound to answer the accusation against him. What
should the officer do?
1 point
Set the court proceedings take its courses and allow the issuance of warrant
✔️
What shall a police officer do if he is refused admittance into a building where the person to be arrested
is believed to be in?
1 point
Wait outside until the person to be arrested decides to leave the building
After announcing his authority and purpose, the peace officer may break into any building or enclosure
✔️
where the person to be arrested is or is reasonably believed to be
Leave a building and secure a court order to break into the building
Pursuant to section 2 of rule 112 of the rules of court, the following officers are authorized to conduct
preliminary investigation, EXCEPT;
1 point
No person under detention by legal process shall be released or transferred except by order of the court
or _____
1 point
When he temporarily released upon order of the chief of police for cleaning purpose but return in jail at
night
When he escaped
An individual approached and asked you on how to file a case against another, the act complained of
happened more than 1 week ago, upon initial inquiry, you learned that the act complained of is
punishable with imprisonment of more than 6 years what will be your advice…..
1 point
to proceed with the warrantless arrest and the conduct of inquest proceedings
An individual approached and asked you on how to file a case against another, the act complained of
happened more than 1 week ago, upon initial inquiry, you learned that the act complained of is
punishable with imprisonment of more than 6 years what will be your advice…..
to proceed with the complaint before the police station and request that a warrantless arrest be
conducted
✔️to proceed with the filing of the case before the prosecutor’s office for the conduct of preliminary
investigation
This kind of warrant of arrest issued by the court while in session against an accused who failed to
appear without justifiable cause...
1 point
A complaint or information have the same legal content; however, they differ as to who subscribe to it,
who subscribe an information?
1 point
Witness
Prosecutor
✔️
Victim
Accused
The crime committed is punishable by imprisonment of 4 years 2 months and less the crime was
committed in the province, where should the complaint be filed in order to initiate the criminal actions?
1 point
May file the complaint directly with the Municipal Trial Court
✔️
It is dismissal (of a criminal case) without prejudice to the reinstatement thereof before the order or
dismissal becomes final or the subsequent filing of a new information for the offense...
1 point
Acquittal
Irrevocability
Dismissal
Provisional
✔️
When making an arrest the arresting officer ________ the warrant of arrest in his possession?
1 point
Need to have
The following offenses cannot be prosecuted de officio without a complaint first filed by the offended
party, EXCEPT;
1 point
Seduction
Rape
✔️
Abduction
In adultery or concubinage, the instances where the offended party CANNOT institute criminal
prosecution, EXCEPT
1 point
The person is suspected of committing a crime which is punishable by imprisonment of at least 4 years,
2 months and 1 day, the person was subject to warrantless arrest. How will you proceed with the case?
1 point
Exert effort to arrest a person even without a warrant for the commission of a crime
File a direct complaint with the prosecutor’s office for preliminary investigation
File direct complaints with the prosecutor’s office for inquest proceedings
✔️
Report to my superior and let them decide what to do with the situation
1 point
1 point
The promotion of fairness and the protection of the dignity of the individual
To marginalize the burdens of litigation, and to promote the adversary system of adjudication of cases
1 point
The reservation of the right to institute separate civil action shall be made:
1 point
For cases under the Rule on summary procedure, NO warrant shall be issued EXCEPT.
1 point
When the accused attempt to leave the Philippines without court permission
Parent have a beautiful daughter named Cherry, she married her classmate in PCCr without her parents
will, after a couple of year, her husband who was pursuing masteral in criminology left their conjugal
home and cohabited with her childhood sweetheart, because of the wife’s failure to file a case of
concubinage his father a retired police officer filed a case of concubinage against her husband would this
case prosper.
1 point
No
✔️
Yes
In application for bail under section 8 of this Rule the court must give reasonable notice of the hearing
to the _______or require him to submit his recommendation?
1 point
Prosecution
✔️
defense counsel
Offended party
Accused
Is the rule that the complaint or information must charge only one offense absolute?
1 point
False, except when there are several accused with different participations in the commission of crime
False, the existing laws prescribe a single punishment for various offenses
True
✔️
Which of the following will inform the person to be arrested, when an officer making an arrest with
warrant?
1 point
Cause of arrest and the fact that a warrant has been issued for his arrest
During the presentation of evidence for the defense, the accused testified, during the cross examination,
he was asked question which may point to his guilt on some other crime what is the right that the
accused may invoked…..
1 point
1 point
to examine the evidence submitted by the complainant and copy them at his expense
1 point
Prescription of penalty
Prescription of crime
Acquisitive
Extinctive
✔️
1 point
A complaint is subscribed by the offended party, any peace officer or other officer charged with the
enforcement of the law violated
The person was arrested without a warrant. His request for preliminary investigation was granted,
however, the conduct of preliminary investigation was not terminated and it already exceeded the
period allowed by the rules, what should the police officer in custody of the detained person do?
1 point
The police should release a person from detention even without the order from the prosecution
The police should not release the person, subject to the receipt of the order of the court
✔️
The police should not release the person, otherwise he will be administratively liable
If Archie is resident of Ligao City but he committed the crime in Legazpi City against Joel who is a
resident of Sorsogon City, the case should be filed in…..
1 point
The presence of the accused during arraignment is indispensable, what police action is indispensable to
serve the purpose of arrest ...
1 point
To neglect his duty to arrest the accused in the absence of cooperation of the complainant
1 point
Counsel de parte
Counsel de officio
Private prosecutor
✔️
Public prosecutor
1 point
Commission of crime
Violent insanity
In filing a complaint or information, how is the real nature of the crime charged determined?
1 point
evidence to be presented
law specifically violated
PEMSgt Pablo saw Amable, his neighbor, quarrelling with his wife. He seized Amable and brought him to
the police station where he was detained for one (1) hour after which he was released upon orders of
the Prosecutor. What crime was committed by PEMSgt Pablo?
1 point
Delaying release
Arbitrary detention
1 point
Said accused has not been convicted of a crime involving moral turpitude
The process required to determine probable cause based on direct filing of complaint so that
information may be filed in court is ____________
1 point
Preliminary investigation✔️
Inquest proceeding
PSMSgt Teves saw Nat picking the pocket of Al. PSMSgt Teves arrested Nat who demanded whether the
officer has a warrant. The officer said none, so Nat demanded that he should be released. PSMSgt Teves
refused. What is the authority of the policeman?
1 point
It is abuse of authority
It is valid because he is a cop
When a person arrested without warrant which requires preliminary investigation, the complaint or
information will not need such investigation provided that the public prosecutor has conducted...
1 point
Preliminary examination
Inquest proceedings
✔️
Preliminary investigation
Judge Bigo issued a warrant of arrest for the apprehension of Mon who was charged with rape. He was
arrested by the operatives however the arresting officers is not in possession of the said warrant. Mon
questioned the validity of his arrest. Is the challenge in order?
1 point
No, the arresting officer is presumed to have performed his job in a regular manner
Yes, because the Rule requires that the warrant of arrest be shown to the accused when making an
arrest
1 point
When the crime was in fact been committed and there is personal knowledge based on probable cause
that the person to be arrested has committed it
When the crime was committed in the presence of the arresting officer
In general, the formal requisites of a complaint or information are the following, EXCEPT:
1 point
It must be in writing
The issuance of warrant of arrest is not necessary in the following cases EXCEPT
1 point
Complaint on cases of unlawful acts in RA 7610 (Special Protection of Children against Child Abuse,
Exploitation and Discrimination Act) may be filed by the following: Offended party; Parents or guardians;
Ascendant or collateral relative within the third degree of consanguinity; to include... 1. Officer,
social worker or representative of a licensed child-caring institution; 2. Officer or
social worker of the Department of Social Welfare and Development; 3. Barangay
chairman; 4. At least three (3) concerned, responsible citizens where the violation occurred
(Sec. 27, RA 7160)
1 point
1, 2 & 3
3&4
1&2
1, 2, 3 & 4
✔️
1 point
Under the local government code of 1991 what is the condition precedent that must be satisfied before
the institution of a criminal action in court.
1 point
Certification of no conciliation
✔️
1 point
Petition for suspension of criminal action upon the pendency of a prejudicial question in a civil action
may be avail:
1 point
Before arraignment
✔️
Before plea
What if the offended party is a corporation, how do you indicate it in the complaint or information?
1 point
Leave it blank as error is merely clerical and can be corrected during trial
1 point
Territory
Subject matter
Person accused
In a criminal case involving a motor vehicle accident, the driver was recklessly imprudent, but likewise
the injured complainant was guilty of contributory negligence. If you were the police investigator, what
will you do?
1 point
A person asked you for advice on how to file adultery case against his wife which of the following are
allowed by the rules in order to make the filing of adultery case?
1 point
the case of adultery can only be initiated by the complaint of the offended spouse
✔️
the case of the adultery is a public offense it can be initiated by the police
the case of adultery can be initiated even without the complaint of the offended spouse
It is that system of criminal procedure which conducted either at the initiative of the public prosecutor
or the offended party and the right to appeal are limited to the defense…..
1 point
Inquisitorial
Adversarial
Accusatorial
✔️
Mixed
The subsequent marriage between the party and the accused, even after the filing of the complaint,
extinguishes the criminal liability of the latter, together with that of the co-principals, accomplices and
accessories. EXCEPT:
1 point
Imputation of the commission of the crimes of concubinage, adultery, seduction, abduction, rape or acts
of lasciviousness and in slander by deed
In multiple rape, in so far as the other accused in the other acts of rape committed by them are
concerned
Where the marriage was invalid or contracted in bad faith in order to escape criminal liability;
Evidence adduced in support of the discharge of an accused shall automatically form part of the trial. If
the court denies the motion for discharge of the accused as state witness, his sworn statement shall be
inadmissible in evidence.
1 point
no
it depends
maybe
yes
✔️
1 point
Right to confrontation
Right to self-incrimination
Cases where the penalty does not exceed an imprisonment of 6 years regardless of the imposable
amount of fine is within the exclusive original jurisdiction of this court...
1 point
Family Court
Appellate Court
1 point
Respondent
Offended party
Plaintiff
✔️
Defendant
The offender is a police officer with the rank of PLtCol, the crime committed is in violation of the anti-
Graft law. The case shall be under the jurisdiction of the...
1 point
sandigan bayan
1 point
deprive of liberty
1 point
Falling within the jurisdiction of the first level courts before or after conviction
✔️
Falling within the concurrent jurisdiction of the RTC and MTC before or after conviction
In case the offense if committed on board a vessel in the course of the voyage, what place is proper in
instituting a criminal action?
1 point
Place where the vessel registered or the country identified by the flag on the carrier
✔️Proper court of the first port of entry or the place where the vessel passed during such voyage subject
to generally accepted principles of international law.
In which of the following cases there is a violation of right of the accused against self-incrimination.
1 point
Making the prisoner put his foot in the tracks found in the scene of the crime
Where a woman accused of adultery is ordered to submit her body for examination of competent
doctors to determine whether she is pregnant or not without the use of torture or force.
Amendment without leave of court before the accused pleads is allowed by the rules of court under the
following instances EXCEPT;
1 point
Amendment as to form
Amendment as to substance
It is the rule which state that if the inculpatory facts and circumstances are capable of two or more
interpretation, one which is consistent with the innocence of the accused and 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:
1 point
Pro reo
✔️
M’Naghten rule
Equipoise/Equiponderance
Presumption of guilt
What power promotes the public welfare by restraining and regulating the use of liberty and property?
1 point
police
✔️
law enforcement
eminent domain
1 point
Independent civil action instituted may be continued against the estate 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
When the accused demands from the court to have a copy of prosecution’s evidence but denied by the
court. What right of the accused is violated?
1 point
Right to mode of discovery
✔️Right to have a compulsory process to secure the attendance of witnesses and production of evidence
in his behalf
Right to counsel
Which of the following instance will operate as waiver of the right to Preliminary investigation by the
accused?
1 point
If the accused fails to ask for preliminary investigation after being aware for more than five days that the
case had been filed in court
Qualifying and inherent aggravating circumstances need to be alleged as they are integral parts of the
crime. If proved, but not alleged, become only generic aggravating circumstances.
1 point
True
✔️
False
Partially true
Partially false
Donald was convicted of serious physical injuries inflicted on his house help. He appealed but died
during the pendency of his appeal. What is the effect of his death on his civil liability based on quasi
delict or tort?
1 point
His death does not affect his civil liability based on quasi delict or tort
✔️
It is the principle of international law which exempts diplomatic representatives from criminal and civil
jurisdiction of foreign courts.
1 point
Privilege
Benefits
right
Immunity
✔️
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?
1 point
10 days
✔️
5 days
30 days
15 days
In the metropolitan courts (MeTC) or chartered cities court (MTCC) the complaints is filed with the:
1 point
Before a complaint is filed in court, there should have been a confrontation between the parties before
the Lupon chairman. The Lupon secretary must certify that no conciliation or settlement was reached,
attested to by the Lupon chairman. The complaint may also be filed if the settlement is repudiated by
the parties, EXCEPT 1. Where the accused is under detention 2. Where a person has
otherwise been deprived of personal liberty calling for habeas corpus proceedings
3. Where actions are coupled with provisional remedies 4. Where the action may be
barred by the statute of limitations
1 point
1, 2 & 3
1, 2, 3 & 4
✔️
1&2
3&4
The offended party, even if a minor, has the right to initiate the prosecution of such offenses
independently of his parents, grandparents or guardian. EXCEPT If the minor is: 1.
Incompetent; or 2. Incapable of doing so 3. Stubborn 4.
Delinquent
1 point
1, 2 & 3
1, 2, 3 & 4
,✔️
1&2
3&4
If the police officer effecting the arrest is locked up at the house or building, what does the rule allows a
police officer…
1 point
The police officer may break the door or window in order to free him /herself
✔️
If the police officer effecting the arrest is locked up at the house or building, what does the rule allows a
police officer…
1 point
The accused in criminal proceedings has in his favor the rule that criminal laws should be construed
liberally in his favor because...
1 point
1 point
conclusion of evidence
1 point
Upon conviction by the RTC exceeding 6 yrs but not more than 20 yrs when there is undue risk that he
may commit another crime during the pendency of the appeal
Upon conviction by the RTC exceeding 6 yrs but not more than 20 yrs who is a recidivist
Upon conviction by the RTC not punishable by reclusion perpetua or life imprisonment
✔️
Upon conviction by the RTC exceeding 6 yrs but not more than 20 yrs who has is a escapee
In order to determine the veracity of the testimony of the witness against him, the accused has the
right…..
1 point
1 point
subpoena
summons
habeas corpus
warrant of arrest
✔️
The crime committed is punishable by imprisonment of at least 4 years, 2 months and 1 day the crime
was committed in Metro Manila or chartered Cities, where should the complaint be filed in order to
initiate the criminal action?
1 point
1 point
Governor
President
Chief justice of SC
Members of Congress
✔️