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FOUNDATION UNIVERSITY

College of Criminology
Criminal Justice System
FINAL EXAMINATION

Name:_______________________________ Year Level:_____________

Date:______________________ Score:________________

Multiple Choices: Below are questions accompanied with different options. Select and encircle the letter that
best corresponds the correct answer. Changing of answer shall be done by marking the first encircled letter
with an “X” and encircle the letter of your new choice.

1. Upon receiving the information from prosecutor “A”, Judge “B” upon review found out that a
probable cause exists for Pedro to be put into trial. He was about to issue a Warrant of Arrest only to
find out that Pedro was already detained in a lock up jail in PNP Dumaguete station. Instead of the
issuance of a warrant, Judge “B” shall issue:
A. Search warrant
B. Arrest warrant
C. Commitment order
D. Detention order

2. During Preliminary Investigation, if the investigating officer finds no ground or probable cause to
continue with the inquiry, he shall;

A. Issue a subpoena to the accused, attaching thereto a copy of the complaint, affidavits and other
supporting documents.
B. Dismiss the complaint.
C. Go on with the preliminary investigation. Issue a subpoena commanding the accused to submit his
counter affidavits.
D. Let the accused procure his evidences within a specified period of time prescribed by the law.

3. “Fruit of the poisonous tree” means:


A. An evidence once presented in court could aid the flow of justice
B. Evidence that is collected in the crime scene should be preserved to maintain its credibility.
C. If an evidence is illegally obtained, it will be inadmissible in the court
D. Before custodial investigation is conducted, the police officer should explain to the accused his
Miranda Rights

4. Which of the following refers to the power of the court to settle actual controversies involving rights
which are legally demandable and enforceable? This simple refers to the power of the court to apply
the laws into contests or disputes.
A. Court authority
B. Court power
C. Judicial power
D. Judicial authority

5. If the investigating fiscal recommends for the dismissal of the case but his findings are reversed by
the provincial or city fiscal or chief state prosecutor on the ground that a probable cause exists, the
latter shall;

A. File his corresponding information against the accused and conduct another preliminary
investigation.
B. File his corresponding information against the investigating fiscal.
C. The latter has no authority to revise the recommendation rendered by the investigating fiscal.
D. File his corresponding information against the accused without conducting any other preliminary
investigation.

6. There are three major organization of the courts: regular, special, and quasi judicial agencies. Court
of tax appeals belongs to:
A. Regular courts
B. quasi judicial agencies
C. special courts
D. municipal trial court

7. No complaint, petition, action, or proceedings involving any matter within the authority of the Lupon
shall be filed for adjudication, unless there has been confrontation between parties before the Lupon
chairman or the conciliation panel. However there are some cases wherein the parties involved may
go directly to the court. An example of this case is;

A. Offenses punishable by imprisonment not exceeding one year and a fine not more than Php. 5,
000.00.
B. Where a person has been deprived of personal liberty calling for habeas corpus proceedings.
C. Cases involving parties in the same barangay.
D. Cases involving minor offenses only.

8. If the crime committed by a person is punishable by more than four years and two months, where is
the venue of the trial?
A. Municipal trial court
B. Regional trial court
C. Court of tax appeals
D. Supreme court

9. Without legal grounds, Pablo while walking in the alley was arrested by PO1 Juan. He was brought in
the police station and was confined in the lock-up jail. Pablo insisted to the police officer on the
illegality of the arrest, however to no avail. Pablo`s lawyer advised him to seek for help to the court.
In this scenario, what document shall be issued by the court to determine the grounds of the arrest?
A. Preliminary injunction
B. Writ of habeas corpus
C. Replevin
D. Attachment

10. In total, how many justices are present in the Supreme Court?
A. 10
B. 15
C. 20
D. 25

11. The following are the procedures on the amicable settlement of disputes in the Barangay. Arrange
the following in chronological order.
I. Mediation or settlement by the Barangay Chairman
II. File a complaint to the Barangay Chairman
III. Payment of appropriate filing fee
IV. Barangay Chairman will summon both parties
V. If the case is not settled by the Barangay Chairman, the dispute will be turn over to the
Lupon
VI. Lupon will constitute a conciliation panel
VII. Issuance of certificate of non-settlement or certificate of settlement
VIII. Conciliation panel will settle the dispute

A. III, II, VIII, VI, I, IV, V, VII


B. I, II, III, VIII, VII, VI, V, IV
C. III, II, IV, I, V, VI, VIII, VII
D. VIII, I, III, II, IV, V, VI, VII

12. Which if the following best explains the responsibility or the role of the court in the pillars of the
criminal justice system?
A. To determine whether there is a probable cause to hold a person for trial
B. To try the accused whether he is guilty or innocent of the offense charged against him through the
application of the laws
C. To enforce the law and to make necessary amendments if applicable
D. To enforce verdict to persons who have been accused for the commission of crimes

13. Can a private citizen file a complaint against a police officer in the Barangay?

A. No, a police officer is a public employee. A dispute involving a party who is a public officer is not
subject for amicable settlement by the Barangay.
B. Yes, disputes involving a party who is a public employee is still within the jurisdiction of the Lupon.
The Barangay should hear the case and provide settlement thereof in accordance with the procedure
set by the law.
C. No, a police officer is a representation of the government. To avoid bias, such complaint should be
directly channeled to the court.
D. It depends.

14. Before the court tried a case, it must assure that it has the following jurisdictions, EXCEPT:
A. Jurisdiction over the person who committed the offense
B. Jurisdiction over the crime
C. Jurisdiction over the place where the crime was committed
D. Jurisdiction over information submitted by the prosecutor

15. At the start of the term of the Barangay Chairman he shall;

A. Within ten days prepare a notice to constitute a Lupon which shall be composed of ten to twenty
members.
B. Within fifteen days shall constitute a conciliation panel.
C. Within fifteen days shall prepare a notice to constitute a Lupon.
D. Within ten days shall constitute a Katarungang Pambarangay.

16. In the procedures for amicable settlement, After the complainant has paid the appropriate filing fee,
he or she may complain orally or in writing to the;
A. Barangay Secretary
B. Barangay Chairman
C. Lupon Chairman of the Barangay
D. Lupon Conciliation Panel

17. If complaint is a written accusation furnished by the complainant, information is a written accusation
furnished by the:
A. Prosecutor
B. Judge
C. Lawyer
D. Lawyer of the accused
18. Which of the following is an activity or mission which seeks to minimize the causes of crime which
requires the police to mingle with the community where criminal activities originate and breed? It is
the eradication of the desire on the part of the potential criminal to commit crime. Patrolling is one of
the examples of this activity.
A. Crime repression
B. Crime prevention
C. Preservation of peace and order
D. Protection of lives and property

19. A national prisoner is one who is sentenced:

I. To a maximum term of imprisonment of more than three years or to a fine of more than 5, 000 pesos
II. To a term of imprisonment of 3 years and one day and above
III. To serve 2 or more sentences that aggregates to exceeding three years
IV. To serve 3 years in the penal institution

A. I, II, & III


B. III & II
C. I, II, IV
D. I & II

20. Disputes involving parties who actually reside in Barangays of different cities or municipalities can
still be brought before a Lupon for amicable settlement if:

A. Such barangay units adjoin each other and the parties thereto agree to submit their differences for
amicable settlement.
B. If both Barangay Chairman will come up to an agreement to settle the dispute in a certain chosen
Lupon.
C. If both parties involve in the dispute will not follow the decision of their respective Barangay
Chairman.
D. Disputes that involve parties in different barangays of different cities or municipalities shall be
brought directly to the court and cannot be settled before any Lupon.

21. The proponents of Neo-Classical believes that children, insane, and lunatics should not be punished
and regarded as criminal due to the reason that:
A. They are special people that need special consideration
B. They cannot calculate pleasure and pain
C. They are influence by sociological factors such as bad neighborhood
D. They are people with physical and mental abnormalities

22. It is the totality of all the concerted efforts and activities of all agencies involved in the prevention,
reduction and control of crime. It is the sum total of instrumentation which a society uses in the
prevention, suppression of crime and juvenile delinquency that exists in the community.
A. Criminal Justice System
B. Justice System
C. Corectional Administration
D. Law Enforcement Administration

23. What is the effect to the custodial investigation in the absence of the lawyer of the accused?

A. Custodial investigation will still move on without lawyer because it should be done directly after the
arrest.
B. No custodial investigation shall be conducted and the suspected person can only be detained.
C. Inform the accused whether he can defend himself without the assisting counsel
D. Release the person immediately from detention.

24. What provisional remedy is issued by a judge calling for the property of the adverse party to be
brought into legal custody, either at the commencement of the action or any time thereafter before
final judgment as a security for the satisfaction of a judgment obtained by the prevailing party?
A. Attachment
B. Habeas corpus proceedings
C. Statute of limitation
D. Arbitration

25. Which of the following BEST EXPLAINS rehabilitation as one of the justifications of punishment?

A. The public will be protected if the offender has being held in conditions where he cannot harm others
especially the public. Punishment is effected by placing offenders in prison so that society will be
ensured from further criminal depredations of criminals.
B. Punishment gives lesson to the offender by showing to others what would happen to them if they
violate the law. Punishment is imposed to warn potential offenders that they cannot afford to do
what the offender has done.
C. The punishment should be provided by the state whose sanction is violated, to afford the society or
the individual the opportunity of imposing upon the offender suitable punishment as might be
enforced. Offenders should be punished because they deserve it.
D. Society’s interest can be better served by helping the prisoner to become law abiding citizen and
productive upon his return to the community by requiring him to undergo intensive program of
rehabilitation in prison.

26. What law bars the institution of an action against another after the lapse of the period prescribed
thereof?
A. Republic Acts
B. Presidential Decrees
C. Criminal Law
D. Statute of Limitation

27. Decide which of the following situations have existence of probable cause to hold a person for trial.
I. Person “A” filed a complaint against Person “B” accusing him of the crime of homicide. A CCTV
footage was presented as an evidence to show Person “B” shooting the victim using a pistol.
II. Juan was accused by Pedro of stealing his jewelries. A written testimony was presented as an
evidence indicating Pedro as a well known thief in the Barangay.
III. Maria was accused of the crime murder. Evidences that were presented were, eyewitness
testimony, witness affidavits, one revolver owned by Maria which was allegedly used in the
killing, latent prints at the crime scene owned by Maria, and foot prints.
IV. Juan was accused by Maria of the crime Rape. The filing of the complaint together with the
evidences was made forty years after the rape incident.
V. Juan was arrested by Police Officer Pedro after he was caught stealing the motorcycle of Maria.
Evidences that were presented are, the alleged motorcycle who was subject of the carnapping,
eyewitness testimony, testimony of the police officer, and CCTV footage.
A. All of the above
B. I, II, IV, V
C. III, IV, V
D. I, III, V

28. What law created the Police Commission (POLCOM) on the year 1966?
A. Republic Act 4864
B. Republic Act 8551
C. Republic Act 6975
D. Executive Order 1040

29. What is the first pillar of the Criminal Justice System (CJS) charged with the enforcement of laws,
rules and regulations of the government in accordance with their defined functions, duties and
responsibilities within their respective jurisdictions?
a. Law Enforcement
b. Court
c. Prosecution
d. Philippine National Police

30. Which of the following are classified as detainees?


I. Accused person who is confined in jail while undergoing investigation
II. Accused person who is confined in jail while awaiting trial
III. Accused person who is confined in jail while waiting for final judgment
IV. Accused person who is confined in jail and already convicted to serve a prison term

A. I, II, III, IV
B. I, II, IV
C. I
D. I, II, III

31. Shall mean the process for the adjudication of disputes by which the parties agree to be bond by the
decision of a third person or body in place of a regularly organized tribunal.
A. Lupon
B. Arbitration
C. Settlement
D. Conciliation between Parties

32. Juan a member of the Lupon in Barangay Bonawon died due to heart attack. His death results to
unexpected vacancy within the Lupon. What is the Procedure taken to fill up the vacancy?

A. The Chairman shall appoint any individual residing within the barangay which bears the
qualifications.
B. The 19 members left shall hold a meeting and select who will be the person to be selected in replace
of the member who died.
C. If the term of office is about to expire, leave it as vacant.
D. The secretary of the barangay together with the Lupon Chairman and the barangay Chairman shall
look for a person who meet the qualifications, appointing him to fill up the vacancy.

33. Which program plays a unique role in the moral and spiritual regeneration of the prisoner?
A. None of these
B. Work programs
C. Education programs
D. Religious programs

34. The following are cases or disputes which are not subject matter for amicable settlement by the
Lupon, EXCEPT;

A. Where one party is a public officer or employee and the dispute relates to the performance of his
official functions.
B. Where one party is the government or any subdivision or instrumentality thereof.
C. Cases involving the discharge of firecrackers calculated to cause alarm or danger to the public.
D. Offenses punishable by imprisonment exceeding one year and a fine not more than five thousand
pesos.

35. Which of the following is NOT a characteristic of the correction pillar?


A. A branch of the Criminal Justice System concerned with the custody, supervision and rehabilitation of
criminal offenders
B. - It is that field of criminal justice administration which utilizes the body of knowledge and practices
of the government and the society in general involving the processes of handling individuals who
have been convicted of offenses for purposes of crime prevention and control.
C. It is the study of jail/prison management and administration as well as the rehabilitation and
reformation of criminals.
D. It is the pillar of the Philippine Criminal Justice System charged in determining whether there is a
probable cause to hold a person for trial

36. Known as Local Government Code of the Philippines.


A. Republic Act 7610
B. Republic Act 1061
C. Republic Act 7160
D. Republic Act 8551

37. What is the main duty of the investigating fiscal?

A. To find probable cause to hold the respondent for trial.


B. To issue a subpoena to the accused.
C. To find evidence basing on the complaint submitted by the complainant.
D. To solve the case.

38. Who among the following is a provincial prisoner?


A. A prisoner serving a term below six (6) years
B. A prisoner serving a term of six (6) years and up
C. A prisoner serving a term of six (6) months and one (1) day to three (3) years
D. A prisoner serving a term of three (3)years and one (1) day up

39. The Conciliation Panel or Pangkat Tagapagkasundo of the Katarungang Pambarangay consists how
many persons?
A. 3
B. 2
C. 4
D. 5

40. Which of the following are Jails under the Supervision of the BJMP?
A. Provincial and sub-Provincial Jails
B. City and Municipal Jails
C. Lock up Jails
D. Insular Jails

41. Provincial Jails were first established in 1910 under the American Regime. At present, who
supervises and controls the said jails?
A. BJMP
B. Provincial Government
C. DOJ
D. Municipal or City Mayor

42. Which is a place of confinement for persons awaiting trial or court action and where the convicted
offenders serve short sentences or penalty of imprisonment?
A. Jail
B. Lock-up
C. Penitentiary
D. Detention Cells

43. The accused and the complainant have full prerogative to bring with them their respective lawyers,
attorneys, or counsels, during the litigation in the Katarungang Pambarangay. This statement is:
A. False
B. True
C. No idea
D. Absolutely true

44. The Barangay Chairman shall, within ____ days from the start of his term, prepare a notice to
constitute a Lupon which shall composed 10 to 20 members.
A. 15 days
B. 16 days
C. 20 days
D. 21 days

45. When can a police officer make arrest to a person without the warrant?
I. When in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit a crime
II. When the person to be arrested is a person in the Wanted list
III. When in his presence, the person to be arrested has an appearance of a criminal
IV. When an offense has just been committed and he has a probable cause to believe based on
personal knowledge that the person to be arrested has committed it.
V. When the person to be arrested is an escaped prisoner

A. All of the above


B. I, II, III
C. I, III, IV
D. I, IV, V

46. What is the time frame of imprisonment of arresto mayor?


a. 6 months and 1 day to 6 years
b. 1 month and 1 day to 6 months
c. 6 years and 1 day to 12 years
d. 12 years and 1 day to 20 years

47. Which of the following BEST describes jail?


A. is a place for locking-up of persons who are convicted of minor offenses or felonies who are to serve
a short sentences imposed upon them by a competent court, or for confinement of persons who are
awaiting trial or investigation of their cases.
B. A penitentiary, an institution for the imprisonment (incarceration) of persons convicted of major/
serious crimes
C. A place of confinement for those for those charged with or convicted of offenses against the laws of
the land and whose punishment is from one day to three years
D. A building where offenders are confined

48. If the person is arrested without a warrant and his crime is punishable with light penalties, the police
officer and the prosecution are given how many hours to complete the process of investigation in
finding probable cause to file information?
A. 10 hours
B. 12 hours
C. 18 hours
D. 36 hours

49. It direct, supervise and control the administration and operation of all district, city and municipal
jails to implement a better system of jail management nationwide
A. Bureau of Jail Management and Penology
B. Department of Justice
C. Bureau of Corrections
D. Parole and Probation Administration

50. An agency under the Department of Justice that is charged with custody and rehabilitation of national
offenders, that is, those sentenced to serve a term of imprisonment of more than three
(3) years
A. BJMP
B. Bureau of Corrections
C. Provincial Government
D. Parole and Probation Administration

51. Prisoners whose sentences are from one day to six months are
A. municipal prisoners
B. provincial prisoners
C. National prisoners
D. insular prisoners

52. You are a police officer assigned in Dumaguete City. While you are off duty, you witnessed Person “A”
being stabbed by Person “B” with a jungle knife several times. Because you are off duty, you did not
wear your police uniform. Also, the stabbing incident happened in the Municipality of Bacong which
is outside from the city where you are assigned in. What will you do?
A. Go to Bacong police station and have the incident recorded. After that, request for hot pursuit
operation.
B. Because you are off duty, call Bacong Police station and let them handle the incident. Inform the
station about what transpired.
C. If you think you can handle the situation, make necessary arrest, but if not, call for back-up from
Bacong Police station.
D. Instruct Person “B” to surrender immediately to Bacong police station. Tell him to pay for the injury
he committed.

53. Aside from protecting the public, imprisonment has for its latest and most important objective:
A. the reformation of offenders
B. deterrence
C. segregation of offender
D. confinement of Offender

54. What correctional institution houses accused persons awaiting trial?


A. Rehabilitation center
B. Jail
C. Halfway house
D. Prison

55. What agency or bureau has the power to investigate all causes of fires and if necessary file the proper
complaints with the city or provincial prosecutor who has jurisdiction over the case?
A. Philippine national Police
B. Integrated National Police
C. Bureau of Fire Protection
D. Bureau of Jail Management and Penology

56. The following are stages of preliminary investigation. Arrange it in chronological order.
I. If the investigating fiscal finds probable cause to hold the respondent for trial, he shall prepare
the corresponding information to be filed with the court.
II. The investigating fiscal submits the resolution of the case to the provincial fiscal or chief state
prosecutor for approval.
III. The complaint shall be submitted together with the affidavits and other supporting documents.
The said affidavits shall be sworn before any government official authorized to administer oaths.
IV. The investigating fiscal shall resolve the case within ten days therefrom. Upon examination of the
evidences presented by both parties, the fiscal determines whether there is sufficient ground to
hold the respondent for trial.
V. If the investigating fiscal finds no ground to continue with the inquiry, he shall dismiss the
complaint. If there is, he will issue a subpoena to the respondent granting him ten days to submit
his counter affidavits and other supporting documents. Such shall also be sworn or certified.
VI. If the investigating fiscal finds that there are matters to be clarified, he may set a hearing to
propound classificatory questions to both parties.
A. I, III, II, VI, V, IV
B. III, I, V, IV, II, VI
C. II, I, V, VI, III, IV
D. III, V, VI, IV, I, II,

57. Philippine National Police is under what department of the government?


A. Department of Defense
B. Department Of Interior and Local Government
C. Department of Justice
D. Department of Education

58. The task of changing an offender’s attitude so that he or she may not commit another crime in the
future.
A. Retribution
B. Deterrence
C. Incapacitation
D. Rehabilitation

59. If one of the parties involved in the dispute is a minor, a competent lawyer should be provided to
assist the said minor.
a. False
b. True

60. What provisional remedy is issued by a judge before whom the action is pending praying for the
recovery of a possession of personal property , or the delivery of such property to the movant upon
the filing of the latter of a bond to guarantee its return or to answer for the damages?
A. Delivery of personal property or Replevin
B. Habeas Corpus
C. Attachment
D. None of the Above

61. What is the primary task of the prosecution pillar?


A. To determine whether the person is guilty or innocent on the accusation against him
B. To identify the guilt of the accused
C. To determine whether there is a probable cause to hold a person for trial
D. To issue an information to the court which will serve basis on the court trial

62. Who among the following is a person in authority?


A. Police officer
B. NBI agent
C. PDEA agent
D. Teacher

63. A person who is detained for the violation of law or ordinance and has not been convicted is a:
A. Detention prisoner
B. Provincial prisoner
C. City prisoner
D. Municipal prisoner

64. Which of the following explains the difference between BJMP and BUCOR?
I. BJMP is supervised by the DOJ while BUCOR is supervised by the DILG
II. BJMP has full control over district, city, and municipal jails while BUCOR has full control over
national/insular facilities
III. BJMP is headed by a director while BUCOR is headed by a warden
IV. BJMP is under the Department of Interior and Local Government while BUCOR is under the
Department of Justice

A. All of the above


B. I, II, III
C. II, III, IV
D. II & IV

65. Which of the following police operations involve arresting perpetrators? This defines the statutory
power of every policeman as a means of discouraging the-would be criminal offender.
A. Crime prevention
B. Repression of criminal activity
C. Apprehension of criminals
D. Safeguarding public health and morals

66. What is the written document signed by a judge which requires a person under arrest to be brought
before a judge or into the court? This ensures that the prisoner can be released from an unlawful
arrest.
A. Delivery of personal property or Replevin
B. Writ of Habeas Corpus
C. Attachment
D. None of the Above
67. Which of the following situations is suitable for hot pursuit arrest?
A. While patrolling on the streets of Dumaguete City, police officers “A” and “B” caught Pedro throwing
bottles of Tanduay on the streets.
B. Police officer Juan arrested Pedro after he saw him stabbing Maria with a knife.
C. Person “A” the driver of the black PUV vehicle accelerated the vehicle in a high speed after he hit
Person “B” the driver of the red Honda motorcycle.
D. Without a warrant, police officer Juan arrested Pedro, an escaped prisoner, while he was hiding in the
basement.
68. Which of the following is NOT a function of the Lupon?
A. Meet regularly once a month to provide a forum for exchange of ideas among its members on matters
relevant to the amicable settlement
B. Exercise administrative supervision over the conciliation panel
C. Creates the conciliation panel which will settle the disputes brought before the Barangay
D. Issues provisional remedy such as attachment, writ of habeas corpus, replevin, and support pendent
lite

69. A provisional remedy in the form of an order issued by a judge before whom the action is pending at
any stage thereof prior to final judgment requiring a person to refrain from a particular act. It may
also require the performance of a particular action.
A. Delivery of personal property or Replevin
B. Habeas Corpus
C. Attachment
D. Preliminary Injunction

70. Which of the following involves many activities or missions peripheral to basic law enforcement and
public safety, such as sanitation, search and rescue operations, licensing, and the inspection of
buildings in order to determine whether or not the law on fire prevention is strictly obeyed?
A. Crime prevention
B. Repression of criminal activity
C. Apprehension of criminals
D. Safeguarding public health and morals

71. It is constituted for each dispute brought before the Lupon consisting of three members to be chosen
by the parties to a dispute, from among the 10 to 20 members of the Lupon. The 3 personalities will
be the ones to mediate the dispute.
A. Conciliation Panel or Pangkat Tagapagkasundo
B. Lupon
C. Katarungang Pambarangay
D. None of the Above

72. Juan went to your station and confessed the following statements: “While we are playing basketball, I
accidentally hit Pedro with my elbow. He was very mad. I tried to say sorry but he never listened. He
punched me several times but I was able to keep away. The next time he approached me, I got lost of
my patience, and I punched back but I was not able to hit him. We had a fistfight and it caused a small
cut on my chin”. As the desk officer, what will you do?
A. Tell Juan to go home and ask apology to Pedro
B. Record the complaint and advise Juan to go to court
C. Tell Juan to gather evidences and look for a lawyer who can help him
D. Record the complaint and advise him to settle the case at the Barangay

73. You arrested Juan for the crime of murder. You are about to start your custodial investigation by
asking him series of questions. However, you notice that he has no lawyer. What will you do?
A. Release Juan and order him to hire a lawyer or to ask assistance from the Public Attorney`s Office
B. Detain Juan while waiting for his lawyer
C. Proceed with custodial investigation and brief the lawyer of Juan about the investigation when he
arrives at the station
D. Instruct Juan to waive his rights for you to proceed with the custodial investigation

74. You are the investigating fiscal on the complaint filed by Pedro against Santiago. Upon thorough
inquiry, you seemed satisfied with the evidences presented by Pedro. You issue a subpoena
addressed to Pedro commanding him to present his counter affidavits and his evidences. However,
after the lapse of ten days, Pedro did not respond to your request. What will you do?
A. Extend another ten days for Pedro to submit his counter affidavits
B. Base your resolution on the affidavit and evidences submitted by the complainant
C. Forward the case directly to the court. Advise the trial to issue a warrant of arrest
D. Dismiss the complaint since the counter affidavit was not submitted

75. Investigating prosecutor Juan dela Cruz found a probable cause to hold Pedro for trial. Thus he issued
a resolution and submitted it for approval to the chief provincial prosecutor. However, upon
examination, the chief provincial prosecutor opposed on the decision of Juan dela Cruz and instead
insisted on the absence of a probable cause to hold the accused for trial. Whose decision should
prevail?
A. Juan dela Cruz because he was the investigating fiscal on the case
B. The chief provincial prosecutor since his authority is higher that Juan dela Cruz
C. Juan dela Cruz because he was the one who drafted the resolution
D. The chief prosecutor because his intelligence is higher compared to the investigating fiscal

76. The duration of imprisonment of a person whose punishment is Prision Correctional, is:
A. 1 day to 1 month
B. 1 month and one day to 6 months
C. 6 months and 1 day to 6 years
D. 6 years and 1 day to 12 years

77. Pedro the battalion commander of the Criminology Aptitude Training in Foundation University filed
a complaint against a junior cadet Juan dela Cruz regarding his non-participation in the aptitude
trainings. Together with his complaint affidavit were, attendance sheet which indicates Juan`s
absence, CCTV footage which showed Juan only playing at the internet café, written testimonies by
three freshmen cadets, and performance rating of the accused. If you are the investigating fiscal on
the case, what will you do?
A. Dismiss the complaint
B. Order Juan to submit his counter affidavits
C. Summon both parties and arrive on amicable settlement
D. Issue a resolution for approval by the chief fiscal

78. Inmate L and Inmate M were involved in a fight. Both inmates were interviewed to determine what
occurred. Their statements are provided below.

Inmate L’s statement: I watch out for Inmate M because he always tries to start trouble with me. I was in
the library stacking books on a shelf and Inmate M got in my way. It looked like Inmate M wanted to fight
me, so I told him to back down. Inmate M continued to walk towards me, so I dropped the books I was
holding and then he punched me. He kept punching me until an officer arrived and told everyone in the
library to get on the ground. Everyone listened to the officer and got on the ground. Then Inmate M and I
were restrained and escorted to separate holding areas. Inmate M is the one who started the fight. I was
only trying to protect myself.

Inmate M’s statement: Whenever I work in the library with Inmate L, he gets defensive. I didn’t want to
get into a fight because I knew it would decrease my chances of being released early. Today, when I
walked by Inmate L, he threw the books he was holding on the floor and started punching me. I had to
protect myself so I punched him as many times as I could before an officer arrived and told us to stop
fighting. The officer told everyone to get down on the ground, so I stopped punching Inmate L and got
down along with everyone else in the library. I should not have been restrained and escorted to a holding
area like Inmate L. I was just protecting myself.

Based ONLY on the information provided above, what difference, if any, between the two statements may
be important enough to examine further?

A. if the inmates complied with the officer’s orders


B. the reason Inmate L was restrained
C. which inmate initiated the fight
D. There was no difference that requires further examination.

79. While Officer B was escorting inmates through a dormitory area, he saw Inmate J pass a note to
Inmate H. Because inmates are not allowed to pass notes to each other, the officer confiscated the
note and interviewed both inmates. Their statements are provided below.

Inmate H’s statement: Inmate J dropped a note on the floor of my living area. Officer B confiscated it
before I could read it. According to Inmate J, the note ordered me to attack Inmate X tomorrow.
Inmate J claimed she had nothing to do with the note other than delivering it. According to Inmate J,
Inmate K should be held responsible because she wrote the note and forced Inmate J to pass it by
threatening her life.

Inmate J’s statement: I had to deliver it because my life was being threatened by Inmate K. I did not
read the note, but Inmate K said if I didn’t give the note to Inmate H by the end of the day I would end
up in the medical center. I should be left out of this because I only passed the note to protect myself
from Inmate K. I know I will be punished for this, but I have nothing to do with the note other than
delivering it.

Based ONLY on the information provided above, what difference, if any, between the two statements
may be important enough to examine further?
A. why Inmate J delivered the note
B. who was supposed to receive the note
C. if Inmate J knew the content of the note
D. There was no difference that requires further examination.

80. Which of the following is the sixth pillar of the criminal justice system?
A. Court
B. Community
C. Law enforcement
D. None

The distance between studying and passing is the same distance between your knees and the ground
Cueno, 2014

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