Philippine College of Criminology

CRIMINAL LAW AND JURISPRUDENCE

CRIMINAL LAW AND JURISPRUDENCE 4 [ CLJ 4]

EVIDENCE
PRELIMINARY EXAM

ATTY. STELLA P. AGUSTIN

1st Semester, AY 2018-2019

I. MULTIPLE CHOICE QUESTIONS

INSTRUCTION: Encircle the correct and best answer.

1. _________ treats series of process by which the criminal laws are enforced and by which the State
prosecutes persons who violate the penal laws.

a. Criminal law b. Criminal Procedure c. Chain of Custody d. Crime.

2. __________ defines crimes and prescribe punishment for such crimes.

a. Criminal law b. Criminal Procedure c. Chain of Custody d. Crime.

3. The detection and prosecution of offenders are not left to the initiative of private parties but to the
officials and agents of the law.

a. Inquisitorial System b. Judicial System c. Administrative System d. Accusatorial System.

4. The accusation is exercised by every citizen or by member of the group which the injured party belongs.
As action is a combat between the parties, the supposed offender has the right to be confronted by his
accuser.

a. Inquisitorial System b. Judicial System c. Administrative System d. Adversarial System.

5. The rules of criminal procedure shall be_____________ construed in favour of the accused.

a. strictly b. liberally c. carefully d. diligently

6. The rules of criminal procedure shall be __________ construed against the state.

a. strictly b. liberally c. carefully d. diligently

7. ___________ is defined as the particular country of geographical area in which the court with jurisdiction
may hear and determine a case.

a. Region b. Location c. Venue d. Jurisdiction

8. _______________ is the power or authority given by the law to a court or tribunal to hear and determine
certain controversies.

a. Region b. Location c. Venue d. Jurisdiction

9. ________________ is the authority to hear and try a particular offense and impose punishment for it.

a. Judicial Region b. Civil Jurisdiction c. Criminal Jurisdiction d. Hierarchy of Courts

10. _________________ refers to the authority of the court to hear and determine a particular criminal case.

a. Jurisdiction over the subject matter

b. Jurisdiction over the person of the accused
c. Jurisdiction over the territory
d. Jurisdiction over the imposed penalty

11. __________________ refers to authority of the court over the person charged.

a. Jurisdiction over the subject matter

b. Jurisdiction over the person of the accused
c. Jurisdiction over the territory
d. Jurisdiction over the imposed penalty

12. This element requires that the offense must have been committed within the court’s territorial
jurisdiction.

a. Jurisdiction over the subject matter

b. Jurisdiction over the person of the accused
c. Jurisdiction over the territory
d. Jurisdiction over the imposed penalty

13. The right of the people to be secured in their persons, houses, papers and effects against unreasonable
searches and seizure of whatever nature and purpose shall be inviolable.

a. Due process of Law.

b. Equal Protection of Law.
 c. Right Against Unreasonable Search and Seizure.
d. Right to Privacy of Communication and Correspondence.

14. The privacy of communication and correspondence shall be inviolable except upon lawful order of the
court, or when public safety and order requires otherwise as prescribed by law.

a. Due process of Law.

b. Equal Protection of Law.
c. Right Against Unreasonable Search and Seizure.
d. Right to Privacy of Communication and Correspondence.

15. Any person under investigation for the commission of an offense shall have the right to be informed of
his right to remain silent and to have competent and independent counsel preferably of his own choice.
If the person cannot afford the services of the counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of the counsel.

a. Right to bail, liberty.

b. Equal Protection of Law.
c. Rights during custodial investigation.
d. Right to Privacy of Communication and Correspondence.

16. No person shall be twice put in jeopardy of punishment for the same offense.

a. Right to bail, liberty.

b. Rights of the Accused.
c. Rights during custodial investigation.
d. Prohibition against double jeopardy.

17. No person shall be held to answer for a criminal offense without due process of law.

a. Due process of Law.

b. Equal Protection of Law.
c. Right Against Unreasonable Search and Seizure.
d. Right to Privacy of Communication and Correspondence.

18. Once a court has acquired jurisdiction, that jurisdiction continues until the court has done all it can do
in exercise of its jurisdiction.

a. Doctrine of Res Ipsa Loquitor.

b. Principle of Falsus in Uno, Falsus in Omnibus.
c. Principle of adherence of jurisdiction or continuing jurisdiction.
d. Doctrine of Hierarchy of Courts.

19. Jurisdiction to try a criminal action is determined by:

a. The law at the time of the arraignment of the accused.

b. The law at the time of the institution of the action.
c. The law at the time of the commission of the crime.
d. All of the above.

20. _______________ is the adjudication by the court on the guilt and innocence of the accused and the
imposition on him of the proper penalty and civil liability.

a. Arraignment.
b. Pre-trial.
c. Judgment.
d. Provisional Remedies.

21. ______________ is the formal mode or manner of implementing the constitutional right of the accused to
be informed of the nature and cause of accusation against him.

a. Arraignment.
b. Pre-trial.
c. Judgment.
d. Provisional Remedies.

22. A mandatory trial conference where matters including plea bargaining, stipulation of facts, the
marking of evidence, the waiver of objections to admissibility, a possible modification of the order of
trial and other matters that will help promote a fair and expeditious trial of the criminal and civil
aspects of the case.

a. Arraignment.
b. Pre-trial.
c. Judgment.
d. Provisional Remedies.

23. A Preliminary investigation is to be conducted for offenses where the penalty prescribed by law is:

a. 4 years 3 months 1 day

b. 4 years 2 months 2 days
c. 4 years 2 months 1 day
d. 4 years 1 month 2 days
24. Where preliminary investigation is not required, a criminal action is instituted in either:

a. By filing the complaint directly with the MTC or RTC

b. By filing the complaint with the office of the prosecutor
c. Both A and B
d. None of the above

25. All criminal actions commenced by a complaint or information shall be prosecuted under the direction
and control of the ____________.

a. Judge b. Offended Party c. Law Enforcer d. Prosecutor

26. Every Person Criminally liable for a felony is also ______ liable.

a. Civilly b. Jointly and Severally c. Administratively d. Subsidiarily

27. When can a Private Prosecutor may prosecute a case even in the absence of the Public Prosecutor?

a. If authorized verbally by the Chief Prosecutor

b. If authorized impliedly by the Chief Prosecutor
c. If authorized in writing by the Chief Prosecutor
d. None of the Above

28. Who will file the complaint for the crime of adultery and concubinage?

a. Offended Party b. Parents c. Guardian d. Prosecutor

29. The offenses of seduction and abduction shall not be prosecuted except upon a complaint filed by:

a. Offended Party b. Parents c. Guardian d. All of the above.

30. ___________ is a sworn written statement charging a person with an offense subscribed by the offended
party, any peace officer or public officer charged with the enforcement of the law violated.

a. Information b. Motion c. Complaint d. Order

31. _______________ is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court.

a. Information b. Motion c. Complaint d. Order

32. In whose name and against whom the complaint is filed?

a. In the name of Private Person and is filed against all persons who appear to be responsible for the
crime.
b. In the name of Juridical Person and is filed against all persons who appear to be responsible for the
crime.
c. In the name of Natural Person and is filed against all persons who appear to be responsible for the
crime.
d. In the name of the People of the Philippines and is filed against all persons who appear to be
responsible for the crime.

33.
34. A

II. ESSAY QUESTIONS

a. Distinction Between Complaint and Information (3 points)

b. Contents of a sufficient complaint or information (6 points)
c.