Ramon Magsaysay Memorial Colleges

College of Criminal Justice

Pioneer Avenue, General Santos City

Prelim Examination in CLJ6

(CRIMINAL PROCEDURE & COURT TESTIMONY)

Name:__________________________________Permit#:________________Date:___________
Instructor: ______________________________Time: __________________Score:__________

I. Multiple choice: Encircle the best and correct answer. (50pts)

1. What is the burden of proof in criminal case?
a. Preponderance of Evidence c. Guilty or not guilty
b. Substantial Evidence d. Proof beyond reasonable doubt
2. Who has the burden of proof in a criminal case?
a. Judge b. Complainant c. Accused d. Respondent
3. Who authenticates an evidence?
a. Accused b. Lawyer c. Witness d. Clerk of Court
4. Who executes the sworn attestation at the end of a Judicial Affidavit?
a. Judge b. Complainant c. Accused d. Lawyer
5. What is the burden of proof in civil case?
a. Preponderance of Evidence c. Guilty or not guilty
b. Substantial Evidence d. Proof beyond reasonable doubt
6. What is the role of the complainant in a criminal case?
a. Hears and decides the case
b. Determines the guilt or innocence of the accused
c. Testifies as a witness
d. All of the above
7. Who represents the complainant in a criminal case?
a. Self-representation b. Judge c. Prosecutor d. Public Attorney
8. A gun with a serial number is an example of:
a. Real Evidence b. Documentary E c. Testimonial E d. Demonstrative E
9. This is the examination of the witness by the adverse party after said witness has given direct testimony.
a. Judicial Affidavit b. Presentation c. Cross Examination d. Direct Examination
10. Under this rule, _____________________ shall take the place of direct testimonies of witnesses.
a. Special Power of Attorney c. Demonstrative Evidence
b. Judicial Affidavits d. None can replace direct testimony
11. This refers to the outward pledge made under an immediate sense of responsibility to God or a solemn appeal
to the Supreme.
a. Affirmation b. Oath c. Attestation d. Promise
12. This type of evidence is elicited from the mouth of a witness.
a. Real Evidence b. Documentary E c. Testimonial E d. Judicial Affidavit
13. This is the examination-in-chief of a witness by the party presenting him/her on the facts relevant to the issue.
a. Judicial Affidavit b. Presentation c. Cross Examination d. Direct Examination
14. This is a substitute for an oath, and is a solemn and formal declaration that the witness will tell the truth.
a. Affirmation b. Oath c. Attestation d. Promise
15. Who is the plaintiff in a Criminal Case?
a. Accused b. Suspect c. Governmentd. Prosecutor
16. This is where a Judicial Affidavit is prepared:
a. In open court b. During mediation c. Office of a lawyer d. Anywhere
17. The truth referred to in the definition of Evidence id referred to as
a. Actual truth b. General truth c. Legal truth d. All of the above
18. Who determines admissibility of evidence?
a. Court b. Lawyer c. Judge d. Prosecutor
19. This refers to the question of whether or not the evidence is to be considered at all.
a. Admissions b. Proof c. Admissibility d. Evidence
20. Who shall sign and authenticate a judicial affidavit?
a. Lawyer b. Witness c. Judge d. Any of the above
21. This refers to the signature of a notary public who administers the oath.
a. Subscription b. Jurat c. Acknowledgement d. Oath
22. This is made upon the termination of the testimony of the last witness.
a. Authentication b. Formal offer c. Objection d. Affirmation
23. _______________ is one that is not based on one’s personal perception but based on the knowledge of others.
a. Hearsay evidence b. Opinion evidence c. Character evidence d. Testimonial evidence
24. An _______________ is based on the personal knowledge or personal conclusions of the witness based on his
skills, training or experience.
a. Expert evidence b. Hearsay evidence c. Testimonial evidence d. Opinion evidence
25. This refers to the aggregate of moral qualities which belong to and distinguish an individual person.
b. Appearance b. Reputation c. Character d. Attitude
26. This refers to attributes which others believe you to possess.
a. Appearance b. Reputation c. Character d. Attitude
27. Who is an example of an expert witness?
a. A lawyer testifying about chemical composition of shabu
b. A doctor testifying about the gunshot wounds of a victim
c. A ballistician testifying about the blood DNA samples of the victim
d. A priest testifying about the spirituality and good moral character or the accused
28. Which is a hearsay testimony?
a. I saw Mark stab the lady using an ice pick.
b. I heard the lady shouting “Help” but I did not see her.
c. I was informed by my superior that my classmate, Kristine, stole the money.
d. I was informed by the accused that he kidnapped the minor child.
29. This indirectly proves a fact in issue though an inference which the fact finder draws from the evidence
established.
a. Direct evidence c. Negative evidence
b. Positive evidence d. Circumstantial evidence
30. During this proceeding, the Information is read to the accused.
a. Arrest b. Pre-trial c. Arraignment d. Trial
31. This is the authority to hear and decide a particular offense and impose punishment for it.
a. Trial b. Preliminary investigation c. Jurisdiction d. Judgment
32. This is the venue of a criminal case.
a. Residence of complainant c. Place of the commission of the crime
b. Resident of respondent d. Either a or b
33. This is a sworn statement charging a person with an offense executed and subscribed by the offended party.
a. Complaint b. Information c. Resolution d. Judicial Affidavit
34. It is a proceeding to determine probable cause.
a. Trial b. Preliminary investigation c. Arraignment d. Judicial Determination
35. The taking of a person in custody in order that he may be bound to answer for the commission of an offense.
a. Arrest b. Search c. Kidnapping d. Illegal detention
36. The security given for the release of a person in custody of the law.
a. Cash bond b. Property bond c. Recognizance d. All of the above
37. In what language or dialect if the arraignment conducted?
a. English b. Known to the accused c. Filipino d. All of the above
38. Who conducts preliminary investigation?
a. Judge b. Police officer c. Lawyer d. Prosecutor
39. Where is arraignment conducted?
a. House b. Place where the accused was arrested c. Court d. Police station
40. What is one purpose of Pre-Trial?
a. Determination of probable cause c. Testifying of witness
b. Entering of plea d. Marking of evidences
41. Collection of sum of money is an example of
a. Civil case b. Criminal case c. Either civil or criminal case
 42. Who conducts inquest proceedings?
a. Judge b. Police officer c. Lawyer d. Prosecutor
43. What happens if there is no complaint after the arrest of a person?
a. Continue detaining the person until a complaint is filed
b. Release the person after he or she has posted bail
c. Bring the person to court
d. Release the person after the reglementary period
44. Law enforcers are part of the
a. Executive b. Legislative c. Judiciary d. All of the above
45. What happens if the accused enters a plea of guilty during arraignment?
a. Accused will automatically be sentenced to death
b. Accused will still present evidences to prove commission of the crime
c. Prosecutor will move for the dismissal of the case
d. Prosecutor will present evidences to prove commission of the crime
46. This happens when the accused admits the commission of the crime but adduced justifying or exempting
circumstances.
a. Dismissal b. Plea bargaining c. Reverse trial d. Regular trial
47. Who represents the government during trial of a criminal case?
a. Judge b. Public attorney c. All lawyers d. Prosecutor
48. The presence of the accused is mandatory during
a. Trial b. Inquest proceeding c. Preliminary investigation d. Arraignment
49. Who will present evidences first during trial?
a. Prosecutor b. Accused c. Guilty accused d. Depends on the judge
50. Identification of the accused by the witness is done during
a. Arrest b. Arraignment c. Pre-Trial d. Trial

II. Essay & Enumeration: Give what is asked and explain. (40pts)
a. What is the duty of a witness in court? (2pts.)
b. What is arraignment? (5pts.)
c. What are the purposes of pre-trial? (5pts.)
d. Differentiate a complaint and an information (5pts.)
e. What is the purpose of criminal procedure? (5pts.)
f. Supply the following: (8pts.)
i. What is the margin of the document according to the Judicial Affidavit Rule?
A. Top –
B. Bottom –
C. Left –
D. Right –
ii. What is the font size?
iii. What is the font style?
iv. What is the paper size?
v. What is the paragraph spacing?

-God Bless!-