CRIMINAL EVIDENCE AND PROCEDURE

1. The meaning of factum probans.

a. preponderance of evidence
b. ultimate fact
c. evidentiary fact
d. sufficiency of evidence

2. It is evidence of the same kind and to the same state of facts.

a. secondary evidence b. prima facie evidence
c. corroborative evidence d. best evidence

3. It is that which, standing alone, unexplained or uncontradicted is

sufficient to maintain the proposition affirmed.
a. secondary evidence b. prima facie evidence
c. corroborative evidence d. best evidence

4. A form of evidence supplied by written instruments or derived

from conventional symbols, such as letters, by which ideas are represented
on material substances.
a. documentary evidence b.testimonial evidence
c. material evidence d. real evidence

5. When the witness states that he did not see or know the
occurrence of a fact.
a. positive evidence b.corroborative evidence
c. secondary evidence d. negative evidence

6. The law hears before it condemns, proceeds upon inquiry and

render judgment after a fair trial.
a. ex post facto law
b. equal protection of the law
c. rule of law
d. due process of law

7. A kind of evidence which cannot be rebutted or overcome.

a. Primary b. Best
c. Secondary d. Conclusive

8. The following are elements of evidence, except:

a. Means of ascertainment b. in a judicial proceeding
c. truth respecting a matter of fact d. two witness rule

9. The following are instances where the original document may not be
produced, except;
a. When the original has been lost or destroyed
b. When the original is in custody of the other party
c.When the original is a public record.
d. When the original is kept by the party for fear of being lost and he
just photocopy it for presentation

10. The authority of the court to hear, try and decide cases.
a. jurisdiction b. jurisprudence
c. venue d. bench

11. What is NOT considered an original of a document:

 a. An entry repeated in the course of business, one being copied from
another at or near the time of the transaction.
b. A carbon copy of an application form
c. A document executed in triplicate at or about the same time with
identical contents.
d. None of the above

12.All except one of the following is hearsay:

a. An affidavit of a witness to the execution of a document who was not

presented as a witness in the trial.
b. The testimony of the owner of a building founded on the record
prepared according to the verbal statements of his employees.
c. The testimony of a complainant regarding text messages he received
from a respondent.
d. The testimony of a police inspector that he was told by others that
there were several gambling houses in a town among them the
defendants.

13.All except one of the following is true with respect to confessions:

a. It is a categorical acknowledgment of guilt.

b. It must always be express, never implied.
c. It may be made by third persons and, in certain cases, are admissible
against a party.
d. It may be made only by the party himself and, in some instances, are
admissible against his co-accused.

14.The police sought A for questioning in connection with the killing of the
deceased. He was seen wearing a bloodstained shirt. During his
interrogation, A was not assisted by counsel. He admitted his guilt and
showed the knife he used to commit the crime. What piece of evidence is
admissible?

a. The bloodstained shirt

b. The knife he used to commit the crime
c. His extra-judicial confession
d. None of the above

15.Z was charged with robbery with rape. He took the stand on his own behalf
and testified on the alleged robbery. On what matters may the prosecution
cross examine the accused?

a. Only matters touched upon by Z in his direct testimony.

b. Matters involving the alleged rape.
c. Matters involving Z and other relevant matters.
d. All of the above

16.Real Evidence is addressed to -

a. the senses of the Court

b. the opinion of an expert
c. the lawyer propounding the question
d. the clerk of court

17.Which statement refers to corpus delicti?

A. It is the body or substance of the crime.

B .It is the fact that a crime has actually been committed.
C.It is the actual commission by someone of the particular crime charged.
D.All of the above
 18.Which of the following is NOT a requisite for the admissibility of a dying
declaration?

A.The declaration relates to the facts or circumstances

pertaining to the fatal injury or death.
B. The declarant is dead.
C. The declaration is made in connection with a startling
occurrence.
D. The declarant would have been competent to testify had he
survived.

19. Evidence beyond reasonable doubt -

A.is the same as preponderance of evidence

B.is the equivalent of substantial evidence in administrative cases
C. must be absolutely certain to convict
D. must be morally certain, otherwise the accused is entitled to acquittal

20. In a case for alleged drug-pushing, evidence of:

e. the buy-bust money is indispensable

f. the confidants testimony who accompanied the poseur-buyer is
necessary
g. the drugs subject of the case is indispensable
h. the testimony of the chemist who examined the alleged drugs is
indispensable
21. The authority of the court to take cognisance of the case in the first
instance.
A. Appellate Jurisdiction
B. General Jurisdiction
C. Original Jurisdiction
D. Exclusive Jurisdiction

22. A person designated by the court to assist destitute litigants.

A.Counsel de officio
B.Attorney on record
C.Attorney at law
D.Special counsel

23. Which of the following is not covered by the Rules on Summary Procedure?
a. Violation of rental laws
b. Violation of traffic laws
c. The penalty is more than six months of imprisonment
d. The penalty does not exceed six months imprisonment

24. It refers to a territorial unit where the power of the court is to be exercised.
A.jurisdiction
B.jurisprudence
C.venue
D.bench

25. A kind of executive clemency whereby the execution of penalty is suspended.

A.Pardon
B.commutation
C.amnesty
D.reprieve

26. Infractions of mere rules of convenience designed to secure a more orderly

regulation of the affairs of the society.
A.mala prohibita
B.mala in se
C.private crimes
D.public crimes
27. If the accused refuse to plead, or make conditional plea of guilty, what shall
be entered for him?
A. a plea of not guilty
B. a plea of guilty
C. a plea of mercy
D. a plea of surrender

28. At what time may the accused move to quash the complaint or information?
A. at any time before his arrest
B. only after entering his plea
C. any time before entering his plea
D. Monday morning

29. The process whereby the accused and the prosecutor in a criminal case work
out a mutually satisfactory disposition on the case subject to court approval.
A. Arraignment
B. plea bargaining
C. preliminary investigation
D. trial

30. The security given for the release of a person in custody, furnished by him or
a bondsman, conditioned upon his appearance before any court as required under
the conditions specified by law.
A. Subpoena
B. recognizance
C. bail
D. warrant

31. The examination before a competent tribunal, according to the laws of the
land, of the acts in issue in a case, for the purpose of determining such issue.
A. Trial
B. Arraignment
C. pre-trial
D. judgment

32. The adjudication by the court that the accused i9s guilty or is not guilty of the
offense charged, and the imposition of the proper penalty and civil liability provided
for by law on the accused.
A. trial
B. Pre-trial
C. Arraignment
D. Judgment

33. It is an inquiry or proceeding for the purpose of determining whether there is

sufficient ground to engender a well founded belief that an offense has been
committed and the offender is probably guilty thereof and should be held for trial.
A. pre-trial
B. arraignment
C. preliminary investigation
D. plea bargaining

34. Personal property that can be subjects for search and seizure.
A. used or intended to be used as means in
committing an offense
B. stolen or embezzled and other proceeds or fruits of
the offense
C. subject of the offense
D. all of the above

35.All persons who can perceive and perceiving, can make known their
perception to others.
B. Suspects
C. witnesses
D. victims
E. informers
 36.A question which arises in a case the resolution of which is the logical
antecedent of the issue involved in said case and the cognisance of which
pertains to another tribunal.
A. legal question
B. juridical question
C. prejudicial question
D. judicial question

37. 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.subpoena
B.information
C.complaint
D.writ

38. This right of the accused is founded on the principle of justice and is intended not to
protect the guilty but to prevent as far as human agencies can the conviction of an
innocent person.
A.right to due process of law
B.presumption of innocence
C.right to remain silent
D.right against self-incrimination

39. Known in other countries as the body of principles, practices, usages and rules of
action which are not recognized in our country.
A.penal laws
B.special laws
C.common laws
D.statutory laws

40.These questions suggest to the witness the answers to which an examining

party requires.
A.leading
B.misleading
C.stupid
D.hearsay

41.A method fixed by law for the apprehension and prosecution of persons
alleged to have committed a crime, and for their punishment in case of
conviction.
A.Criminal Law
B.Criminal Evidence
C.Criminal Procedure
D.Criminal Jurisprudence

42.The period of prescription of crimes punishable by death.

A.20 years
B.15 years
C.10 years
D.40 years

43. A sworn statement in writing, made upon oath before an authorized

magistrate or officer.
A.subpoena
B.writ
C.warrant
D.affidavit
44.The length of validity of a search warrant from its date.
A. 30 days
B. 15 days
C. 10 days
D. 60 days

45.The taking of a person into custody in order that he may be bound to answer
for the commission of an offense.
E. Search
F. Seizure
G. Arrest
H. Detention

46. Bail is a matter of right under the following conditions:

1. In MTC, MTC in Cities, MCTC before or after convictions

2. In RTC, after conviction if the penalty imposed is not more than six (6)
years
3. In RTC, before conviction of an offense not punishable by death,
reclusion perpetua or life imprisonment.

Which of the following conditions are correct?

a. Statement No. 1 only

b. Statement No. 2 only
c. Statement No. 3 only
d. Both statement No. 1 and 3

47.Which of the following is not a right of an accused?

a. To be presumed innocent.
b. To be present and defend in person and by counsel at all times.
c. Allow conference or visits by any members of his immediate family,
priest or any religious organization, any medical doctors, members of
national and international non-governmental organization accredited
by the Commission on Human Rights and the Office of the President or
by his counsel.
To testify as a witness in his own behalf

48. What is the nature of the right to preliminary investigation?

a. Inquisitional
b. Personal
c. Alternative
d. Both a and b
e. All of the above

49.An escaped prisoner, then armed with a bamboo lance, was asked by a
policeman to surrender, refused to do so and instead answered the latter with a
stroke of his lance, the policeman in pursuing the prisoner fired his revolver and
caused the death of the prisoner. Is the act of the policeman on resorting to extreme
means will always be justified?

a. Yes, since an arresting officer is required to act within the performance of

his duty, he must stand his ground and cannot, like a private individual,
take refuge in fight; his duty requires to overcome his opponent.
 b. No, it was provided under the Rules of Court that no violence or
unnecessary force shall be used in making an arrest. Such provision
accepts no exception.
c. It depends, the reasonableness of the force employed by the arresting
officer must be adjudged in the light of the circumstances as they
appeared to the officer at the time he acted, and the means is generally
considered to that which ordinary prudent and intelligent person with the
knowledge would have deemed necessary under the circumstances.

50.As a rule a private person making an arrest should notify the person arrested of
his purpose and acquaint him with the cause of the arrest, however this rule
accepts certain exceptions. Which of the following are those exceptions?

a. Where the arrest is made at the time the offense is committed for
attempted or on fresh pursuit;
b. When the giving of such information is largely impracticable, as when he
forcibly resists before the person making the arrest has the opportunity so
to inform him;
c. When the giving of the information will imperil the arrest;
d. All of the above

Goodluck!!!