FINAL EXAMINATION

(CLJ 3 – CRIMINAL PROCEDURE)

SY2011-2012/2nd Semester
INSTRUCTION: Select the correct answer for each of the following questions. Mark only one
answer for each item by shading the space corresponding to the letter of your choice on the answer
sheet provided. STRICTLY NO ERASURES ALLOWED.

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 ____________

A. Petition by Motion for Reconsideration C. Petition to re-open the trial

B. Petition for new trial D. Petition for review
29. How should be the service of the notice of appeal be secured if it cannot be made upon the
adverse party or his counsel.
A. By e-mail service C. By registered mail service
B. By telephone service D. By telegraph service
30. When is an appeal be taken?
A. Within fifteen (15) days from promulgation of the judgment
B. Within five (5) days from promulgation of the judgment
C. Within Thirty (30) days from promulgation of the judgment
D. Within twenty (20) days from promulgation of the judgment
31. Pedro is the complainant against Berto in a criminal case. Berto was convicted and the
judgment was promulgated. Before the
judgment became final the complainant filed an appeal. Does Pedro have the right to appeal in
a criminal case.
A. No, only the accused/convicted accused can appeal
 B. Yes, the complainant can appeal on the civil aspect only of the case.
C. No, because he is the complainant, not the accused.
D. No, because such appeal made by the complainant will place the accused in double
jeopardy.
32. Mario was convicted on the complaint of Noel for homicide. Mario was sentenced to four years
and six months and one day.
Noel the complainant appealed on the ground that the penalty imposed was not proper. And
Noel prayed that it be
increased.Was the appeal of Mario Proper?
A. Yes, because he has also the right to appeal even if he is the complainant.
B. Yes, because the penalty imposed is really not proper.
C. No, the appeal of Noel would constitute a violation on the right of the accused for it
will fall under Double jeopardy.
D. Yes, because under the law, Rule 122, Sec.1, provides that any party may appeal
from a judgment or final order.
33. John was convicted by final judgment for the crime of murder. He was sentenced with an
imprisonment of Reclusion
Perpetua. He did not appeal. The judgment became final and executor. The Supreme
Court by its own power (motu propio)
reviewed the judgment. Is the Supreme Court correct?
A. No, because John did not appeal his judgment
B. No, because the proper person in interest (John) no longer wants to appeal his case.
C. Yes, the Supreme Court has the power to review judgment with maximum penalty of
Reclusion Perpetua,
automatically.
D. No, it is only the accused who can appeal his case.
34. When may the period for perfecting an appeal shall be suspended?
A. From the time a motion to re-open the trial is filed
B. From the time a motion for reconsideration is filed
C. From a time a motion to Quash the information is filed.
D. From the time a motion to dismiss is filed.
35. The world “Promulgation” refers to ___________.
A. Case Record C. Order
B. Judgment D. Trial
36. The word “ Notice” refers to ___________.
A. Judgment C. Trial
B. Case Record D. Order
37. Within how many days should the clerk of court with whom the notice of appeal was filed
must transmit to the clerk of court
of the appellate court the complete record of the case together with the said notice.
A. Ten days C. Five days
B. Fifteen days D. Twelve days
38. In all cases where the death penalty is imposed by the Trial Court, the records shall be
forwarded to the court of appeals for
automatic review within how many days from the promulgation of the judgment.
A. Within fifteen days but not earlier than ten days from the promulgation of the
judgment or notice of denial of a motion
for new trial or reconsideration.
B. Within twenty days but not earlier than fifteen days from the promulgation of the
judgment or notice of denial of a
motion for new trial or reconsideration.
C. Within ten days but not earlier than seven days from the promulgation of the
judgment or notice of denial of a
motion for new trial or reconsideration
D. Within seven days but not earlier than five days from the promulgation of the
judgment or notice of denial of a
motion for new trial or reconsideration
39. Juanito was convicted by the trial court. A Counsel de Oficio was appointed to him by the court
for his appeal since he is
 confined in prison. To cut short the proceedings of appeal,the counsel de oficio of Juanito
withdraw the appeal. Is the action
of the consel de oficio proper?
A. Yes, because the counsel de oficio wishes to cut short the proceedings of the appeal
since he is not being paid by
Juanito.
B. Yes, because it is his right (counsel de oficio) to terminate the appeal at any time
even without the consent of Juanito.
C. No, he (counsel de oficio) cannot withdraw the appeal without the consent of Juanito.
D. Yes, considering that it was not Juanito who choose him (counsel de oficio) to be his
lawyer for his (Juanitos’) appeal.
40. There is a uniform procedure in the Municipal Trial Courts except:
A. In the municipal circuit trial court’s C. Municipal trial courts in cities
B. Metropolitan Trial Courts D. In criminal cases governed by the
revised Rules on summary procedures.
41. In all criminal cases appealed to the Court of Appeals the property appealing the case shall be
called the _______________
A. Complainant C. Appellee
B. Appellant D. Respondent
42. The adverse party of the aprty appealing the case is called the ______________
A. Appellant C. Plaintiff
B. Accused D. Appellee
43. The court of appeals may dismiss the appeal on the following ground except:
A. If appellant escapes from prison C. If appellant jumps bail
B. If appellant escapes from confinement D. If appellant files a motion for
reconsideration
44. It is one of the scope of judgment of the Court of Appeals except:
A. Reverse the judgment imposed by the trial court.
B. Affirm the judgment imposed by the trial court.
C. Increase or reduce the penalty imposed by the trial court.
D. Forward the case to the Supreme Court.
45. Trials and hearings in the court of appeals must be continuous and must be completed within
such period, unless extended by
the chief justice.
A. Within six (6) months C. Within three (3) months
B. Within ten (10) months D. Within twelve (12) months
46. Arturo was sentenced by the trial court with death penalty when death penalty is still on
effect. There was an automatic
review by the Supreme Court. While the case is still in the Supreme Court, the death penalty
was out lowed. The supreme
Court affirm the decision of the trial court. What should be the proper penalty to be
imposed upon the accused by the
supreme court.
A. Death Penalty C. Reclusion Perpetua
B. Reclusion Temporal D. Prison Correctional
47. A motion for reconsideration shall be filed within such period from notice of the decision or final
order of the court of Appeals,
with copies thereof served upon the adverse party, setting forth the grounds in support
thereof.
A. Within fifteen (15) days C. Within twenty (20) days
B. Within ten (10) days D. Within thirty (30) days
48. Unless otherwise provided by the constitution or by law the procedure in the ____________in
original and in appealed cases
shall be the same as in the Court of Appeals.
A. Regional Trial Court C. Municipal Trial Court
B. Supreme Court D. Municipal Circuit Trial Court
49. The procedure for the review by the supreme court of decisions in criminal cases rendered by
the court of appeals shall be the
same in _____________________
 A. Civil Cases C. Corporate cases
B. Administrative cases D. Quash criminal cases
50. When the Supreme Court en banc is equally divided in opinion or the necessary majority
cannot be had on whether to acquit
the appellant, the case shall again be deliberated upon and if no decision is reached after
re-deliberation the judgment of
conviction of the lower court shall be ___________.
51. It is an order in writing issued in the name of the people of the Philippines, signed by a judge
and directed to a peace officer,
commanding him to search for personal property described therein and bring it before the
court.
A. Warrant of Arrest C. Information
B. Complaint D. Search Warrant
52. It refers to person and places particularly described thoroughly investigated or searched.
A. Seizure C. Confiscation
B. Search D. Take into custody
53. It refers to things particularly described to be taken away or confiscated or to be seized.
A. Search C. Looking for something
B. Seizure D. Thorough investigation
54. If the criminal action has already been filed where should the application for search warrant be
filed?
A. Any court within whose territorial jurisdiction of a crime was committed.
B. Any court within the judicial region where the crime was committed.
C. Any court within the judicial region where the warrant shall be enforced
D. In the court where the criminal action is pending
55. A search warrant may be issued for the search and seizure for this kind of property.
A. Real Property C. Personal property
B. Paraphernal Property D. Capital property
56. A _________A_________ shall not issue except upon (57)________B__ in connection with
one specific offense to be determined
personally by the (58) ______C______after examination under(59)_____D_________ or
affirmation of the
(60)_________E________ and the witnesses he may produce, and particularly describing the
place to be searched and the things
to be seized.
A. Search
warrant C. Judge E. Complainant
B. Probable cause D. Oath
61. During the arraignment, the accused must be ______________.
A. Represented by a proxy C. Out of the country
B. Present personally D. Represented by the prosecutor
62. What plea is recorded or entered for the accused if he refuses to plead?
A. Plea of guilty C. No plea is entered
B. Plea of not guilty D. Improvident plea of guilty
63. The reading of the complainant or information during the arraignment shall be done in what
dialect or language?
A. In English only C. In Spanish
B. In Tagalog only D. In the dialect or language known by
the accused
64. Total criminal liability is extinguished except by:
A. By service of sentence C. By prescription of crime
B. By absolute Pardon D. By conditional pardon
65. It is the Loss or waiver of the State of its right to prosecute an act prohibited and punished by
law.
A. Prescription of jurisdiction C. Prescription of crime
B. Prescription of venue D. Prescription of penalty
66. It is an accusation in writing charging a person with an offense subscribed by the prosecutor or
fiscal and filled with the court.
A. Arrest C. Complainant
 B. Information D. Warrant of Arrest
67. It is a sworn written statement charging a person with an offense, subscribed by the offended
party, any peace officer or other
public officer charged with the enforcement of the law violated.
A. Information C. Complaint
B. Search Warrant D. Warrant of Arrest
68. He shall have the direction and control in the prosecution of all criminal actions either
commenced by complaint or by
Information.
A. Public Prosecutor or fiscal C. Judge
B. Clerk of Court D. Investigator on case
69. It has the power to order a change of venue or place of trial to avoid a miscarriage of justice.
A. Congress C. Supreme Court
B. Court of Appeals D. Senate
70. The proper officer who issues a warrant of arrest.
A. Public Prosecutor C. Judge
B. Chief of Police D. Clerk of Court
71. It is defined as such facts and circumstances which would lead a reasonable discreet and
prudent man to believe that an offense has been committed and that the objects sought in
connection with the offense are in the place sought to be searched.
A. Personal Knowledge C. Probable Cause
B. Proof beyond reasonable doubt D. Principle of innocence
72. Requisites of a valid search warrant except:
A. It must be upon probable cause
B. The search warrant must particularly describe the place to be search and the things
to be seized
C. The search warrant must be issued in connection with the specific offense
D. The search warrant must involved real properties
73. It is a warrant which fails to sufficiently specify the place or person to be searched or things to
be seized.
A. Search Warrant C. Provisionary Search Warrant
B. General Search Warrant D. Probationary Search Warrant
74. The officer, enforcing the search warrant if refused admittance to the place of directed search
after giving notice of his
purpose and authority, what may be his legal; move?
A. May break open any outer or inner door of a house
B. May break open any outer or inner window of a house
C. May liberate himself when unlawfully detained.
D. All of the above
75. How should a search of a house, room, or any other premises be made?
A. Presence of the lawful occupant C. Two witnesses of
sufficient age and discretion
B. Presence of any member of the occupant’s family D. All of the above
76. PO1 Reyes was enforcing a search warrant, he introduced himself to the occupant of the
house and mentioned his purpose,
however he was refuse admittance. What should be the legal move of PO1 Reyes?
A. May break open the door C. May break any part of the house to
make an entry
B. May break open the window D. All of the above
77. The validity of the search warrant.
A. Ten (10) days from its date C. Seven (7) days from its date
B. Fifteen (15) days from its date D. Five (5) days from its date
78. To whom the officer who served the search warrant return the property seized?
A. To the prosecutor C. To the complainant
B. To the judge who issued the warrant D. To the clerk of court
79. Berto was seen and observed by PO2 Peralta in the act of picking the wallet of Carlos. Berto
successfully took possession of
the wallet of Carlos. At this instance PO2 Peralta arrested Berto and when PO2 Peralta
search Berto a bladed weapon was
 found in his possession. Berto was charged with theft and illegal possession of deadly weapon.
He countered that the search
made by PO2 Peralta on his person is illegal. Is Berto correct?
A. Yes, because PO2 Peralta have no search warrant when he searched Berto.
B. Yes, the deadly weapon cannot be used as evidence against Berto because it was
illegally searched.
C. No, because the search made by PO2 Peralta is incidental to a lawful arrest.
D. Yes, because PO2 Peralta abused his authority when he searched Berto without a
warrant.

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