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Final Exmination Clj3 With Answer Criminal Procedure
Final Exmination Clj3 With Answer Criminal Procedure
1. It is a provisional remedy issued upon an order of the court where an action is pending to be levied upon the
property of the defendant, the same can be held thereafter by the sheriff as security for the satisfaction of whatever
judgment might be secured in said action by the attaching creditor against the defendant.
A. Preliminary Injunction C. Preliminary Attachment
B. Motion for Prohibition D. Judgment
2. The provision remedies, in so far as there are applicable, may be availed of in connection with the civil action
deemed instituted in _________________ .
A. Civil Case C. Administrative Action
B. Criminal Action D. Remedial Action
3. When the civil action is properly instituted in the criminal action, the offended party may have the property of the
accused attached as security for the satisfaction of any judgment that may be recovered from the accused in the
following cases:
A. When the accused is about to leave from the Philippines
B. When the accused has concealed, removed or disposed of his property or is about to do so.
C. When the accused is out on bail.
D. When the criminal action is based on a claim for money or property embezzled or fraudulently misapplied
or converted to the use of the accused who is a public officer, officer of a corporation, attorney de facto,
broker or agent or clerk in the course of his employment as such.
4. This doctrine means that an unlawful search taints not only the evidence obtained there at but also facts discovered
by reason of unlawful search.
A. Proof beyond reasonable doubt. C. Fruits of the poisonous tree.
B. Burden of proof D. Border Search
5. This rule commands that evidence obtained by an unreasonable search and seizure is excluded from evidence.
A. Consented warrantless Search C. Exclusionary Rule
B. Stop and frisk on Terry search. D. Inspection Search
6. The filing of the petition for __________is considered a waiver of the accused’s right to appeal, makes his
conviction final the moment he files said application.
A. New Trial C. Motion for Reconsideration
B. Probation D. Appeal
7. It is a ground for new trial except:
A. Error of Law
B. Irregularities prejudicial to the substantial rights of the accused have been committed during the trial.
C. Failure to conduct preliminary Investigation
D. Newly discovered evidence has been discovered which accused could not with reasonable diligent have
discovered and produced at the trial and submitted would probably changed the judgment.
8. It is a motion which can interrupt the running of the fifteen (15) day period to perfect an appeal.
A. Motion for new trial C. Motion for Reconsideration
B. Motion in Quash D. Motion for probation
9. How long is given to the accused to make his appeal before the judgment will become final and executor?
A. 30 days C. 15 days
B. 45 days D. 20 days
10. Who may appeal?
A. Only the accused C. Any party
B. Only the complainant D. The prosecutor
11. In cases divided by the Metropolitan Trial Court, where should the appeal be filed?
A. To the court of Appeals C. To the Supreme Court
B. To the Regional Trial Court D. To the Municipal Trial Court
12. It is a ground for new trial except:
A. Errors of law
B. Irregularities prejudicial to the substantial rights of the accused have been committed during the trial.
C. New and material evidence has been discovered which the accused could not with reasonable diligence
have discovered and produced at the trial and which if introduced and admitted would probably change the
judgment
D. minority of the accused
13. It may be granted by the court where the incompetency of the counsel for the defense is so great that the defendant was
prejudicial and prevented from fairly presenting his defense.
A. New Trial C. Dismissal of the case
B. Reconsideration D. Judgment
14. Requisites of newly discovered evidence to be a valid ground for new trial, except:
A. The evidence was discovered after the trial
B. Such evidence could not have been discovered and produced at the trial even with existence of reasonable diligence.
C. The evidence violates the Principle of Double Jeopardy.
D. The evidence must go to the merits and not rest on merely a technical defense.
15. It is a motion which may be filed after judgment but within period for perfecting an appeal.
A. Motion for reconsideration C. Motion for new trial
B. Motion to Quash D. Motion to file an appeal
16. It is a motion which may be presented only after either or both parties have formally offered and closed their evidence, but
before judgment.
A. Motion to re-open trial C. Motion for reconsideration
B. Motion to file an appeal D. Motion to Quash
17. In all cases, when the court grants new trial, what happens to the original judgment?
A. The judgment is set aside or vacated C. The judgment become final and executory
B. The judgment is retained D. The judgment may be appealed
18. When a new trial is granted on the ground of newly discovered evidence, what happen to the original evidence already
presented?
A. The evidence already presented remains C. The evidence already presented will be set aside
B. The evidence already presented will be discard D. The evidence already presented will not be given weight.
19. When criminal actions are brought to the Court of Appeals or to the supreme court, who must represent the people of the
Philippines.
A. Public of the Philippines
B. The private prosecutor with the conformity of the Assistant Provincial Prosecutor
C. The judge
D. The Solicitor General
20. In cases decided by the Metropolitan Trial Court, Where should the appeal be filed?
A. Regional Trial Court C. To the Supreme Court
B. To the Court of Appeals D. to the Municipal Circuit Court
21. In cases decided by the court of Appeal where should the appeal be filed.
A. To the Supreme Court C. To the Solicitor General
B. To the Sandigan Bayan D. To the Court of Appeals itself
22. If the criminal case is dismissed by the court, or there is acquittal, can the complainant or the offended party make an appeal.
A. No, because it is only the accused who can appeal in case of conviction.
B. No, the offended party or complainant cannot appeal the criminal aspect of the case.
C. Yes,the complainant or offended party may appeal the civil aspect of the case only.
D. Yes, the complainant and the accused are both given by law the right to appeal either the criminal aspect or civil
aspect of the case.
23. What is the remedy of the accused in case a final judgment of conviction was rendered by the court?
A. File an appeal C. File a motion to Quash the information
B. File a motion to set aside judgment D. File a motion for new trial
24. Who may appeal from a judgment or final order of the court?
A. Prosecution only C. Any Party
B. Defense only D. The judge
25. For purposes of determining appellate jurisdiction in criminal cases is the __________of the penalty is taken account
A. Minimum of the penalty C. Maximum of the penalty
B. Medium of the penalty D. None of the above
26. When can a final judgment becomes final?
A. Upon the expiration of the period to appeal therefrom if no appeal has been duly perfected.
B. Upon the expiration of the period of 30 days
C. Upon the expiration of the period of 10 days
D. Upon the expiration of the period of 20 days
27. Pedro was sentence to suffer five years imprisonment by final judgment. Before the period of appeal lapsed, Pedro escaped.
Can he appeal his case?
A. Yes, because his right to appeal is provided in our constitution
B. Yes, because he opted to file an appeal because the period of appeal had not yet lapses
C. No, because he escaped; hence, he waived his right to appeal
D. Yes, his right to appeal is mandatory right.
28. The appeal to the Court of Appeal in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction shall
be by ____________
80. The rule that searches and seizures must be.supported by a valid search is not absolute. The exception is:
A. Search incidental to a lawful arrest C. Stop and Frisk
B. Plain view seizure D. all of the above E. None of the above
81. A valid search warrant was issued against Roberto. When the warrant was served on the house of Roberto, an unlicensed
firearm was found in his room which is not included in the search warrant. He was charged for illegal possession of
unlicensed firearm. Will the case against Roberto prosper?
A. Yes, because he was in possession of an unlicensed firearm
B. Yes, because seizure of the unlicensed firearm is incidental to a lawful search.
C. No, because the firearm is not one of those personal properties ordered to be seized by the court, and therefore
illegally obtained evidence.
D. Yes, although it is not included in the search warrant, the firearm which is unlicensed is illegal and therefore can be
confiscated and seized
82. This doctrine means that an unlawful search taints not only the evidence obtained during the search but also facts discouraged
by reason of said unlawful search
A. Principle of double jeopardy C. Proof of beyond reasonable doubt principle
B. Principle of a fruit a Poisonous tree D. Search incidental to a lawful arrest principle
83. It is defined as the vernacular designation of the right of a police officer to stop a citizen on the street, interrogate him and put
him for weapons,
A. Stop & Frisk C. Waiver
B. Plain view seizure D. Consented warrantless search
84. This rule commands that evidence obtained by an unreasonable search and seizure is excluded from evidence.
A. Exclusionary rule C. Plain view doctrine
B. Fruit of a poisonous tree doctrine D. Stop & Frisk Principle
85. In this principle, the law requires that there be fist a lawful arrest before a search can be made.
A. Plain view doctrine C. Search incidental to lawful arrest
B. Stop & Frisk Doctrine D. Inspection search
86. The purpose of search incidental to A lawful arrest, except:
A. Protect the arresting officer against physical harm from the person being arrested
B. The person being arrested might be concealing weapons to be used against the officer
C. To protect the person arrested from destroying evidence within his reach.
D. To know the identity of the arrested person.
87. The search warrant was issued on February 01, 2012, up to what date will it be valid?
A. Feb 09, 2012 C. Feb 12, 2012
B. February 11,2012 D. February 10,2012
88. The officer after the conduct of search and seizure must do the following except:
A. Give a detailed receipt of the property seized to the lawful occupant.
B. Leave a detailed receipt of the property in the place in which he found the seized property in the presence of at least
two witnesses of sufficient age and discretion residing in the same locality.
C. Deliver immediately the property seized to the issuing judge together with the true and duly verified under oath
inventory thereof
D. Deliver immediately the property seized in a bonded warehouse for safekeeping even without the approval of the
court.
89. The extent of warrantless search may be made on the person of the suspect and immediate vicinity or surrounding area of the
place of arrest, except:
A. In his room
B. Confined place within the accused’s immediate control
C. In his house situated 150 kmtrs away from the place of arrest
D. Premises of surroundings under his immediate control.
90 Routine inspection are not regarded as violative of an individual’s right against unreasonable search, except:
A. Where the occupants are subjected to a physical or body search
B. Where the officers flashes a light therein without opening the car’s door
C. Where the inspection of the vehicle is limited to a visual search or visual inspection
D. Where the routine check is conducted in a fixed area
QUESTION 91 TO 100
Blacken A, if both statements are correct; B if the first statement is correct and the second is incorrect; C if the first statement is
incorrect and the second is correct; D if both statements are incorrect:
91. The frisk and search of a person is a permissible precautionary measure to protect the officer from such person who might be
armed with dangerous weapon. Warrantless search or incoming and outgoing passengers at the arrival and departure areas of an
international airport is universally allowed. A
92. Stop and frisk is limited protective search of outer clothing for weapons. A waiver of an illegal warrantless also mean a waiver of
the inadmissibility of evidence seized during an illegal warrantless arrest.B
93. Warrantless search incidental to s lawful arrest may be made on the person only of the suspect and not in the immediate vicinity
or surrounding area of the place of arrest. Warrantless search incidental to a lawful arrest may be made on the premises or
surroundings under the persons immediate control.C
94. Where the search is made pursuant to a lawful arrest, there is always need to obtain a search warrant. When the accused was
caught inflagrante (in the act) there must be a search warrant to search him and a warrant of arrest for his arrest.D
95. The search warrant is valid for ten days from its date. The warrant must direct that it be served in the day time unless the affidavit
asserts that the property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be
served at any time of the day or night.A
96. A search warrant may be issued for the search and seizure of personal property. An application for search warrant may be filed in
any court within which whose territorial jurisdiction a crime was committed.A
97. Search refers to persons and places particularly described to be searched. A warrant of arrest is an order in writing issued in the
name of the people of the Philippines, signed by the judge and directed to a place of officer, commanding him to search for personal
property described therein and bring it before the court.B
98. A motion to re-open trial maybe filed after judgment but within the period for reconsideration can interrupt the running of the 15
day period to perfect an appeal.C
99. Decisions of cases in the court of appeals is appealable to the Regional Trial Courts. Cases decided by the regional trial courts are
appealable to the Metropolitan Trial Courts.D
100. For the purpose of determining appellate jurisdiction in criminal cases, the maximum of the penalty and not the minimum is
taken into account. The period within which to perfect an appeal is fifteen (15) days.A
END OF EXAMINATION