Set-06-Criminal-Procedure
Under which of the following circumstances can a lawful warrantless arrest be made?
A.When, in the presence of the peace officer, the person to be arrested has committed, is actually committing, or is attempting to commit an offense.
B.When an offense has just been committed, and the officer has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it.
C.When the person to be arrested is a prisoner who has escaped from a penal establishment.
D.All of the above.
What is the primary duty of an officer executing a warrant of arrest?
A.To bring the arrested person to the nearest police station for investigation.
B.To inform the person of the cause of the arrest and the fact that a warrant has been issued for his arrest.
C.To deliver the person arrested to the nearest police station or jail without unnecessary delay.
D.To present the arrested person before the judge who issued the warrant within 24 hours.
Which of the following is NOT a right of a person under custodial investigation?
A.The right to remain silent.
B.The right to have competent and independent counsel, preferably of his own choice.
C.The right to be released upon posting bail, regardless of the offense.
D.The right to be informed of his rights.
A search warrant shall be issued only upon a finding of probable cause by:
A.The investigating prosecutor.
B.The trial court judge.
C.The appellate court justice.
D.Any judge after examination under oath or affirmation of the complainant and the witnesses he may produce.
Which of the following is a valid ground for a warrantless search?
A.Search of a moving vehicle.
B.Search incidental to a lawful arrest.
C.Seizure of evidence in plain view.
D.All of the above.
What is the "plain view" doctrine?
A.A doctrine that allows an officer to search a person's home if they can see illegal items from the outside.
B.A doctrine that permits an officer to seize contraband which is in their plain sight, provided the officer is in a place where they have a right to be.
C.A doctrine that allows for the search of a vehicle without a warrant.
D.A doctrine that permits the search of a person who is acting suspiciously.
What is bail?
A.The security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required.
B.The payment made to the court to dismiss a criminal case.
C.A form of pardon for a criminal offense.
D.The penalty for a minor offense.
When is bail a matter of right?
A.Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court.
B.Before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment.
C.Both A and B.
D.Only after conviction by the Regional Trial Court.
When is bail considered a matter of discretion?
A.Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment.
B.Before conviction for an offense punishable by death, reclusion perpetua, or life imprisonment, when evidence of guilt is not strong.
C.Both A and B.
D.Never, bail is always a matter of right.
What is arraignment?
A.The stage where the accused is formally charged in open court and asked to enter a plea.
B.The trial proper where evidence is presented.
C.The promulgation of judgment.
D.The process of applying for probation.
What happens if the accused refuses to enter a plea during arraignment?
A.The case is dismissed.
B.The court will enter a plea of "guilty" for the accused.
C.The court shall enter a plea of "not guilty" for the accused.
D.The accused will be held in contempt of court.
The process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval is called:
A.Pre-trial conference
B.Plea bargaining
C.Arraignment
D.Demurrer to evidence
What is the purpose of a pre-trial conference in a criminal case?
A.To consider a plea bargain.
B.To stipulate facts.
C.To mark evidence for identification.
D.All of the above.
What is a "demurrer to evidence"?
A.An objection by the defense to the prosecution's evidence on the ground that it is insufficient to warrant a conviction.
B.A motion to dismiss the case before the trial begins.
C.The presentation of the defense's evidence.
D.A request for a new trial.
If the court grants the demurrer to evidence, what is the effect?
A.The case is retried.
B.The prosecution is allowed to present more evidence.
C.The case is dismissed, and it amounts to an acquittal.
D.The accused is automatically convicted of a lesser offense.
What is the proper order of trial in a criminal case?
A.Defense, Prosecution, Rebuttal, Sur-rebuttal.
B.Prosecution, Defense, Rebuttal, Sur-rebuttal.
C.Rebuttal, Sur-rebuttal, Prosecution, Defense.
D.The court can set any order it deems fit.
A trial conducted in the absence of the accused is known as:
A.Reverse Trial
B.Trial in Absentia
C.Pre-trial
D.Speedy Trial
What is a judgment in a criminal case?
A.The final order of the court in a civil case.
B.The adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability, if any.
C.A preliminary determination of guilt.
D.A decision that can be appealed by the prosecution.
Which of the following is an essential content of a judgment of conviction?
A.The legal qualification of the offense constituted by the acts committed by the accused.
B.The penalty imposed upon the accused.
C.The civil liability or damages, if any.
D.All of the above.
How is a judgment promulgated?
A.By reading it in the presence of the accused and any judge of the court in which it was rendered.
B.By mailing a copy to the accused.
C.By publishing it in a newspaper of general circulation.
D.By serving a copy to the defense counsel.
What does it mean for a judgment to become "final and executory"?
A.It means the judgment can still be appealed.
B.It means the period for appealing the judgment has lapsed, and it becomes immutable and unalterable.
C.It means the accused has been acquitted.
D.It means the case has been remanded for a new trial.
An acquittal in a criminal case means:
A.The accused is found guilty but pardoned.
B.The accused is found not guilty based on the evidence presented.
C.The case is dismissed for lack of jurisdiction.
D.The accused has entered a plea of guilty to a lesser offense.
A warrant of arrest shall remain valid until:
A.It is executed.
B.The case is dismissed.
C.It is recalled by the issuing judge.
D.All of the above.
A search incidental to a lawful arrest allows the officer to search:
A.The person of the arrested individual and the area within his immediate control.
B.The entire house of the arrested person.
C.Any vehicle belonging to the arrested person, wherever it may be.
D.Only the pockets of the arrested person.
The purpose of bail is to:
A.Penalize the accused before conviction.
B.Generate revenue for the court.
C.Ensure the appearance of the accused in court when required.
D.Temporarily release the accused as a form of clemency.
When can an "improvident plea of guilty" be withdrawn?
A.Never, a plea of guilty is final.
B.At any time before the judgment of conviction becomes final.
C.Only before the prosecution starts presenting its evidence.
D.Only with the consent of the prosecution.
A reverse trial happens when:
A.The prosecution presents its evidence first.
B.The accused admits the act but interposes a lawful defense, so the defense presents its evidence first.
C.The trial is held in the absence of the accused.
D.The court decides to hear the civil aspect of the case first.
The right to a speedy trial is violated when:
A.The trial is delayed for a reasonable period.
B.The accused or his counsel causes the delay.
C.The trial is postponed indefinitely without good cause.
D.The trial is completed within the prescribed time limits.
A judgment of acquittal is final and unappealable because of the principle of:
A.Double jeopardy.
B.Res judicata.
C.Due process.
D.Equal protection.
The application for bail for a person charged with an offense punishable by death, reclusion perpetua, or life imprisonment must be filed with:
A.Any court.
B.The Supreme Court.
C.The Court of Appeals.
D.The court where the case is pending.