Criminal Procedure Reviewer 1
1. Sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer or other public official charged with the enforcement of the law violated. A. Information B. Complaint C. Affidavit D. Memorandum 2. Accusation in writing charging a person with an offense, subscribed by the fiscal and filed with the court. A. Information B. Complaint C. Affidavit D. Memorandum 3. ____and____ courts gain jurisdiction over the offense upon the filing of complaint by a complainant or an information by the prosecuting officer. A. MTC and CA B. MTC and SC C. MTC and SB D. MTC and RTC 4. Jurisdiction of the court over the offense is determined A. At the time of the institution of the action B. At the time of the arrest of the accused C. At the time of voluntary surrender of the accused D. At the time of the commission of the offense 5. Which of the following is false. A. A complaint is a sworn statement B. Information must be sworn to C. Information is filed with the court D. A complaint is subscribed by the offended party, any peace officer or other officer charged with the enforcement of the law violated 6. Remedies of offended party when fiscal unreasonably refuses to file an information or include a person therein as an accused. A. In case of grave abuse of discretion, action for mandamus B. Lodge a new complaint against the offenders C. Take up matter with the Secretary of Justice D. All of the above 7. In Municipal Trial Courts and Municipal Circuit Trial Courts criminal actions are instituted by A. By filing a complaint with the appropriate officer for the purpose of conducting requisite preliminary investigation therein. B. By filing the complaint ONLY with the office of the fiscal C. By filing the complaint or information directly with said courts, or a complaint with the fiscal’s office D. None of the above 8. Which of the following offenses is subject to summary procedure. A. Violation of traffic laws B. Violation of municipal or city ordinance C. Violation of rental laws D. All of the above 9. In criminal cases covered by the rules on summary procedure shall be deemed commenced only when it is filed in A. The Prosecutor's office B. Lupon of the Barangay C. The Court D. None of the above 10. The filing of the complaint even with the fiscal’s office should suspend the running of the Statute of Limitations. This is A. True B. False C. Partially false D. None of the above 11. Information may be amended as to the name of the accused, but such amendment cannot be questioned for the first time on appeal. A. True B. Partially true C. False D. Partially false 12. Conviction for robbery cannot be sustained if there is a variance between the allegation and the proof as to the ownership of the property stolen. A. True B. False C. Partially false D. Partially true 13. If facts do not completely allege all the elements of the crime charged, the info may be quashed; however, the prosecution is allowed to amend the info to include the necessary facts. A. True B. Partially true C. False D. Partially false 14. Information need only allege facts, not include all the evidence which may be used to prove such facts A. True B. False C. Partially true D. Partially false 15. Approximation of time is sufficient; amendment as to time is only a formal amendment; no need to dismiss case. A. True B. False C. Partially true D. Partially false 16. Qualifying and inherent aggravating circumstances need to be alleged as they are integral parts of the crime. If proved, but not alleged, become only generic aggravating circumstances. A. True B. False C. Partially true D. Partially false 17. Conviction may be had even if it appears that the crime was committed not at the place alleged, provided that the place of actual commission was within the court’s jurisdiction and accused was not surprised by the variance between the proof and the information. A. True B. False C. Partially true D. Partially false 18. In which of the following cases may only the offended spouse may file the complaint. A. Rape B. Seduction C. Adultery and Concubinage D. Acts of lasciviousness 19. Defined as the joinder of separate and distinct offenses in one and the same information/complaint A. Motion to Quash B. Duplicity of offense C. Double Jeopardy D. None of the above 20.The civil action involves an issue similar or intimately related to the issue raised in the criminal action. A. Duplicity of offense B. Double Jeopardy C. Prejudicial question D. None of the above 21. The method of determining and finding the best way to remedy the specific cause or causes of the complaint or grievance refers to _____. A. investigation procedure B. cross-examination C. grievance procedure D. criminal procedure 22. The authority of the court to take cognizance of a case in the first instance is known as: A. original jurisdiction B. appellate jurisdiction C. general jurisdiction D. delegated jurisdiction Answer: Criminal Procedure 1. B 2. A 3. D 4. A 5. B 6. D 7. C 8. D 9. C 10. A 11. A 12. A 13. A 14. A 15. A 16. A 17. A 18. C 19. B 20. C 21. A 22. A |
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