1
CLJ TIPS CRIMINAL JURISPRUDENCE
PROCEDURE AND EVALUATION EXAM WITH
CORRECT ANSWERS
1. 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 not subject to warrantless arrest. How will you
proceed with the case?
A. Report the matter to my superior and let them decide what to do with the situation.
B. Exert effort to arrest a person even without a warrant for the commission of a crimes
C. File a direct complaint with the prosecutor’s office for inquest proceedings.
D. File a direct complaint with prosecutor’s office for preliminary investigation
2. The PHASE in the commission of the crime when the person is from the point of beginning or
within the point where he can still decide to desist or continue the commission of the crime is the
____ phase.
A. Objective – hindi nagbabago kasi may overt act kana
B. Internal
C. Subjective
D. External
Note: Pag hindi pa lumagpas sa subjective phase, mere attempt lang. Pag lalagpas na, either
frustrated or consummated.
3. The accused in criminal proceedings has in his favor the rule that criminal laws should be
construed liberally in his favour because ______________.
a. Of the requirement of observance of due process
b. The prosecution has the burden of proof
c. The police is presumed to perform their duty with regularity.
d. The accused is presumed innocent until proven guilty
4. After the decision was rendered by the trial court, the accused found new evidence. What
remedy should do based on the new evidence?
A. File a motion for reconsideration – (grounds = 1. Error of facts, 2. Errors of law)
B. File a motion for new trial
C. File a notice to appeal - remedy mode of appeal kapag natalo sa RTC in the exercise of its
original jurisdiction
D. File a petition for certiorari
5. The declaration of an accused acknowledging his guilt of the offense charged, or of any offense
necessarily included therein is ______.
A. Liability
,2
B. Confession
C. Admission
D. Responsibility
6. A police officer testifying in courts allowed to refer to his/her notes or memorandum
____________.
a. To help him in the prosecution of the officer.
b. In order to refresh his memory
c. As it is his right as a police officer.
d. As his codigo and his personal record
7. The constitutional limitation of ex post facto law in the enactment of criminal law simply means
that our criminal law shall be applied _____________.
a. Retroactively
b. In favor of the accused
c. Prospectively
d. In against the state
8. Preliminary investigation is a matter of right when the penalty for the crime committed is
_____.
a. Not exceeding six years of imprisonment
b. Imprisonment of at least 4 years, 2 months and 1 day regardless of fine
c. Imprisonment is 4 years, 2 months and 1 day regardless of fine
d. Less than 4 years of imprisonment
9. Police officer JAKE arrested ACE without legal ground and without a warrant JAKE committed
the crime of __________.
a. Violation of domicile
b. Illegal arrest
c. Arbitrary detention
d. Unlawful arrest
10. The crime committed is punishable by imprisonment of at least 4 years 2 months and 1 day.
The crime was committed in the province. Where should the complaint be filed in order to initiate
the criminal action?
a. To file the information directly with the Regional Trial Court.
b. At the police station for warrantless arrest and inquest proceedings
c. At the prosecutor`s office for the conduct of preliminary investigation
d. To file the complaint directly with the Municipal Trial Court
11. Which of the following is NOT a secondary evidence?
a. A testimony of witnesses as the contents of the original
b. A tape recorded recital of the content of the original
c. A recital of the contents of the original
,3
d. A copy of the original document
12. When the terms of an agreement have been reduced to writing, it is considered as containing
all the terms agreed upon and there can be, as between the parties and their successors in
interest, no evidence of such terms other than the contents of the agreement.
a. Parol Evidence Rule
b. Parol Evidence
c. Best Evidence Rule
d. Secondary Evidence
13. The form of evidence that is subject to the senses of the court is.
a. Physical
b. Object
c. Real
d. All of these
14. The crime committed is punishable by imprisonment of 4 years, 2 months and less. The crime
was committed in the province. Where the complaint should be filed in order to initiate the crime
action?
a. May file the complaint directly with the Municipal Trial Court
b. At the police station for warrantless arrest and Inquest proceedings
c. May file the information directly with the Regional Trial Court.
d. At the prosecutor's office for the conduct of preliminary investigation
15. Which of the following circumstances makes the evidence incompetent?
A. Evidence obtained in accordance with the constitution
B. Evidence obtained through third degree method of investigation
C. Evidence obtained in accordance with law or statute
D. Evidence obtained accordance with the rules
16. A person who is lawfully arrested may be searched for anything _________.
a. That the police at its discretion has deemed to be proper.
b. Even if not connected to the commission of an offense
c. Which may have been used or constitute proof in the commission of an offense
d. That may be ordered by the court at its discretion
17. What is the purpose why Independent relevant evidence is admitted by courts?
a. To show that a certain fact occurred, whether true or not
b. To prove to the court the allegations.
c. To prove that the fact is true
d. To prove that a fact is not true
18. In order that the person accused of a crime should be bound to answer the accusation against
him, what should the police officer do?
, 4
a. Wait for the Issuance of the warrant of arrest
b. Let the court proceedings take its course and allow the issuance of warrant
c. Arrest the person accused of a crime even without a warrant
d. Do the arrest only when requested by the offended party.
19. Venue in criminal cases refers to the place ________.
a. Of trial where the parties agree
b. Where the trial court designates
c. That acquired Jurisdiction over the case
d. Where the crime was committed
20. Our criminal law may be applied extraterritorially which simply means that
A. Our criminal law may be enforced by another sovereign country
B. Foreigners here in our country may be charged for violation of our criminal law
C. Those accused of crime may be arrested even outside of our territory
D. Our criminal law may be applicable even outside of our territory
21. The extra-judicial confession of an accused is sufficient for conviction
A. provided that it is freely, intelligently and voluntarily given
B. when it is corroborated by evidence of corpus delicti
c. even if it is not corroborated by evidence of corpus delicti
D. whether or not corroborated by evidence of corpus delicti
22. Which among the following is not considered as authorized person to file the complaint before
the Municipal Trial Court?
a. Any peace officers
b. Any law enforcement officer authorized by law
C. Offended party
D. The witness to the crime committed
23. Which of the following is NOT hearsay?
A. The testimony of a witness concerning the letter he received from somebody
B. The information received by a police officer from the neighborhood regarding the existence
drug dens in the area
C. The affidavit of a witness who was not presented to the witness stand for cross examination
D. The statement given by the informant to the police officer
24. An act or declaration made in the presence and within the hearing or observation of a party,
who does or says nothing when the act or declaration is such as naturally to call for action or
comment if not true, and when possible, for him to do so, may be given in evidence against that
party. This is known as _____________.
a. admission
b. declaration against interest
c. admission by silence
CLJ TIPS CRIMINAL JURISPRUDENCE
PROCEDURE AND EVALUATION EXAM WITH
CORRECT ANSWERS
1. 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 not subject to warrantless arrest. How will you
proceed with the case?
A. Report the matter to my superior and let them decide what to do with the situation.
B. Exert effort to arrest a person even without a warrant for the commission of a crimes
C. File a direct complaint with the prosecutor’s office for inquest proceedings.
D. File a direct complaint with prosecutor’s office for preliminary investigation
2. The PHASE in the commission of the crime when the person is from the point of beginning or
within the point where he can still decide to desist or continue the commission of the crime is the
____ phase.
A. Objective – hindi nagbabago kasi may overt act kana
B. Internal
C. Subjective
D. External
Note: Pag hindi pa lumagpas sa subjective phase, mere attempt lang. Pag lalagpas na, either
frustrated or consummated.
3. The accused in criminal proceedings has in his favor the rule that criminal laws should be
construed liberally in his favour because ______________.
a. Of the requirement of observance of due process
b. The prosecution has the burden of proof
c. The police is presumed to perform their duty with regularity.
d. The accused is presumed innocent until proven guilty
4. After the decision was rendered by the trial court, the accused found new evidence. What
remedy should do based on the new evidence?
A. File a motion for reconsideration – (grounds = 1. Error of facts, 2. Errors of law)
B. File a motion for new trial
C. File a notice to appeal - remedy mode of appeal kapag natalo sa RTC in the exercise of its
original jurisdiction
D. File a petition for certiorari
5. The declaration of an accused acknowledging his guilt of the offense charged, or of any offense
necessarily included therein is ______.
A. Liability
,2
B. Confession
C. Admission
D. Responsibility
6. A police officer testifying in courts allowed to refer to his/her notes or memorandum
____________.
a. To help him in the prosecution of the officer.
b. In order to refresh his memory
c. As it is his right as a police officer.
d. As his codigo and his personal record
7. The constitutional limitation of ex post facto law in the enactment of criminal law simply means
that our criminal law shall be applied _____________.
a. Retroactively
b. In favor of the accused
c. Prospectively
d. In against the state
8. Preliminary investigation is a matter of right when the penalty for the crime committed is
_____.
a. Not exceeding six years of imprisonment
b. Imprisonment of at least 4 years, 2 months and 1 day regardless of fine
c. Imprisonment is 4 years, 2 months and 1 day regardless of fine
d. Less than 4 years of imprisonment
9. Police officer JAKE arrested ACE without legal ground and without a warrant JAKE committed
the crime of __________.
a. Violation of domicile
b. Illegal arrest
c. Arbitrary detention
d. Unlawful arrest
10. The crime committed is punishable by imprisonment of at least 4 years 2 months and 1 day.
The crime was committed in the province. Where should the complaint be filed in order to initiate
the criminal action?
a. To file the information directly with the Regional Trial Court.
b. At the police station for warrantless arrest and inquest proceedings
c. At the prosecutor`s office for the conduct of preliminary investigation
d. To file the complaint directly with the Municipal Trial Court
11. Which of the following is NOT a secondary evidence?
a. A testimony of witnesses as the contents of the original
b. A tape recorded recital of the content of the original
c. A recital of the contents of the original
,3
d. A copy of the original document
12. When the terms of an agreement have been reduced to writing, it is considered as containing
all the terms agreed upon and there can be, as between the parties and their successors in
interest, no evidence of such terms other than the contents of the agreement.
a. Parol Evidence Rule
b. Parol Evidence
c. Best Evidence Rule
d. Secondary Evidence
13. The form of evidence that is subject to the senses of the court is.
a. Physical
b. Object
c. Real
d. All of these
14. The crime committed is punishable by imprisonment of 4 years, 2 months and less. The crime
was committed in the province. Where the complaint should be filed in order to initiate the crime
action?
a. May file the complaint directly with the Municipal Trial Court
b. At the police station for warrantless arrest and Inquest proceedings
c. May file the information directly with the Regional Trial Court.
d. At the prosecutor's office for the conduct of preliminary investigation
15. Which of the following circumstances makes the evidence incompetent?
A. Evidence obtained in accordance with the constitution
B. Evidence obtained through third degree method of investigation
C. Evidence obtained in accordance with law or statute
D. Evidence obtained accordance with the rules
16. A person who is lawfully arrested may be searched for anything _________.
a. That the police at its discretion has deemed to be proper.
b. Even if not connected to the commission of an offense
c. Which may have been used or constitute proof in the commission of an offense
d. That may be ordered by the court at its discretion
17. What is the purpose why Independent relevant evidence is admitted by courts?
a. To show that a certain fact occurred, whether true or not
b. To prove to the court the allegations.
c. To prove that the fact is true
d. To prove that a fact is not true
18. In order that the person accused of a crime should be bound to answer the accusation against
him, what should the police officer do?
, 4
a. Wait for the Issuance of the warrant of arrest
b. Let the court proceedings take its course and allow the issuance of warrant
c. Arrest the person accused of a crime even without a warrant
d. Do the arrest only when requested by the offended party.
19. Venue in criminal cases refers to the place ________.
a. Of trial where the parties agree
b. Where the trial court designates
c. That acquired Jurisdiction over the case
d. Where the crime was committed
20. Our criminal law may be applied extraterritorially which simply means that
A. Our criminal law may be enforced by another sovereign country
B. Foreigners here in our country may be charged for violation of our criminal law
C. Those accused of crime may be arrested even outside of our territory
D. Our criminal law may be applicable even outside of our territory
21. The extra-judicial confession of an accused is sufficient for conviction
A. provided that it is freely, intelligently and voluntarily given
B. when it is corroborated by evidence of corpus delicti
c. even if it is not corroborated by evidence of corpus delicti
D. whether or not corroborated by evidence of corpus delicti
22. Which among the following is not considered as authorized person to file the complaint before
the Municipal Trial Court?
a. Any peace officers
b. Any law enforcement officer authorized by law
C. Offended party
D. The witness to the crime committed
23. Which of the following is NOT hearsay?
A. The testimony of a witness concerning the letter he received from somebody
B. The information received by a police officer from the neighborhood regarding the existence
drug dens in the area
C. The affidavit of a witness who was not presented to the witness stand for cross examination
D. The statement given by the informant to the police officer
24. An act or declaration made in the presence and within the hearing or observation of a party,
who does or says nothing when the act or declaration is such as naturally to call for action or
comment if not true, and when possible, for him to do so, may be given in evidence against that
party. This is known as _____________.
a. admission
b. declaration against interest
c. admission by silence
