SATURDAY SEATWORK

March 2, 2023 (Saturday)

Direction: Write your answer in green pad paper, or in any other color pad paper.

HUWAG MAGKOPYAHAN. Hanapin ang sagot sa batas-criminal procedure

1. Q. Finality of judgment is also known as

a. judgment of conviction
b. judgment of acquittal
c. immutability of judgment
d. immutability of the interlocutory order
2. Q. Which is not the purpose of prejudicial question?

a. to avoid multiplicity of suits

b. to avoid unnecessary litigation
c. to avoid conflicting decisions
d. to avoid the crimes

3. Q. What is the requisite/s of res judicata?

a. the former judgment must be final and on the merits

b. it must be rendered by a court having jurisdiction over the
subject matter and the parties
c. there must be, between the first and second actions, identity
of parties, of subject matter and of cause of action.
d. All of the above

RULE 112

Preliminary Investigation

4. Preliminary investigation is
 a. An inquiry to determine whether there is sufficient ground to engender a
well-founded belief that a crime has been committed
b. A police investigation to determine the identity of the suspect
c. A custodial investigation
d. A secret and effective investigation

5. Q. A preliminary investigation is required to be conducted before the filing of

a complaint or information for an offense where the penalty prescribed by law
is at least

a. One (1) year and one (1) day

b. four (4) years, two (2) months and one (1) day
c. six (6) years one (1) month and one (1) day
d. ten (10) years

6. Q. What is the quantum of evidence required in preliminary investigation?

a. beyond reasonable doubt

b. preponderance of evidence
c. substantial evidence
d. evidence to engender a well founded belief

7. Q. The two basic rights of notice and hearing, as well as the guarantee of being
heard by an impartial and competent tribunal is ___________.

a. Procedural due process

b. Substantive due process
c. Due process of law
d. None of the above

8. Q. It requires the intrinsic validity of the law in interfering with the rights of
the person to his life, liberty, or property is ___________

a. Substantive due process

b. Due process of law
c. Procedural due process
d. All of the above
9. Q. A suspect committed an act punishable by light penalties. Within what
period a suspect should be delivered to the proper judicial authorities?

a. 9 hours
b. 12 hours
c. 18 hours
d. 36 hours
10. Q. The conduct of clarificatory questioning is:

a. Mandatory
b. Discretionary
c. Legally
d. Convincingly

11. Q. After the filing of the complaint or information in court without a

preliminary investigation, the accused may, within ____ days from the time
he learns of its filing, ask for a preliminary investigation.

a. Five
b. Ten
c. Fifteen
d. Twenty

12. Q. An information or complaint filed in court shall be supported by

a. the affidavits and counter-affidavits of the parties and their witnesses,

b. the object evidence
c. the certificate of detention
d. none of the above

13. Q. The record of the preliminary investigation

a. shall not form part of the record of the case.

b. shall form part of the record of the case.
c. shall be kept secret to anybode except the parties
d. shall be published in a newspaper of general circulation
 RULE 113
Arrest

14. Q. Arrest is the taking of a person into custody in order

a. that he/she may be bound to answer for the commission of an offense

b. that he/she should be put inside the jail
c. that he/she ordered to pay the damages
d. that he/she should defend himself/herself before the court of law

15. Q. Which is not a requisites of flagrante delicto arrest?

a. The person to be arrested must execute an overt act

b. That he or she has just committed, is actually committing, or is attempting
to commit a crime
c. That such overt act is done in the presence or within the view of the
arresting officer
d. That the person to be arrested conspired with the accused

16.Q. Arrest is made by

a. Handcuffing the suspect to prevent him/her to escape

b. An actual restraint of a person to be arrested, or by his submission to the
custody of the person making the arrest
c. Bringing the accused before the court of law
d. None of the above

17.Q. Warrant of arrest is

a. a document issued by a judge or magistrate that authorizes the police to

take someone accused of a crime into custody.
b. issued by the competent authority upon a showing of probable cause
c. an actual notice to the person or persons being arrested about
the charges pressed against him/her
d. All of the above

18.Q. is a document issued by the court that issued the original warrant of arrest
if the said original warrant of arrest is returned by the peace/arresting officer
 together with the report that the accused could not be arrested and the
whereabouts of the accused could not be found.

a. Warrant of arrest
b. Alias warrant of arrest
c. Subpoena
d. Decision

19.Q. What is to be done by the head of the office to whom the warrant of arrest
was delivered?

a. He shall cause the warrant to be executed within ten (10) days from its
receipt.
b. He shall make a report to the judge who issued the warrant.
c. In case of his failure to execute the warrant, he shall state the reasons
therefor
d. All of the above

20.Q. A warrant of arrest issued by the court shall be executed within ___ days.
a. 3
b. 5
c. 7
d. 10

21.Q. Probable cause demands

a. more than suspicion and it requires less than evidence that would justify
conviction
b. mere suspicion but surely warrants conviction
c. caught in the act of committing a crime
d. none of the above.

22.Q. A peace officer or a private person may, without a warrant, arrest a person:

a. When in his presence, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense
b. When an offense has just been committed, and he has probable cause to
believe based on personal knowledge of facts or circumstances that the
person to be arrested has committed it;
 c. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily
confined while his case is pending, or has escaped while being transferred
from one confinement to another
d. All of the above

23.Q. When the arrest is lawful even without a warrant?

a. Caught in flagrante delicto

b. Hot pursuit
c. Fugitive from justice
d. All of the above

24.Q. Flight per se is

a. synonymous with guilt

b. not synonymous with guilt
c. boarding the plane
d. running away from the arresting officers

25.Q. In a search incidental to a lawful arrest, the law

a. requires that there must first be a lawful arrest before a search can be made
b. requires that there must first be a search before arrest can be done
c. requires the police officers wearing a uniform before arresting and
searching the suspect
d. all of the above

26. Q. A hearsay tip by itself

a. does not justify a warrantless arrest

b. justify the warrantless arrest
c. is a reliable information
d. none of the above

27.Q. The requirement/s of a valid warrantless arrest

a. a crime has been committed when the petitioners arrested,

 b. the arresting officers have personal knowledge of the commission of the
crime,
c. a reasonably discreet and prudent person believed that the crime was
committed by the petitioners.
d. All of the above

28.Q. The term "invited" that may be read in the Affidavit of Arrest is construed
to
mean as

a. an authoritative command
b. intention of arresting the suspect
c. no intention of arresting the suspect
d. a and b

29.Q. A waiver of an illegal arrest

a. is a waiver also of an illegal search

b. does not result to a waiver of an illegal search
c. must be done voluntarily, intelligently and intentionally
d. All of the above

30.Q. Items having been obtained through an unlawful search

a. the seized item is inadmissible in evidence

b. the seized items is admissible in evidence
c. the seized contraband items must be returned to the suspect/accused
d. the seized contraband items must be destroyed

31. Q. When warrantless search is valid or applicable?

a. search of a moving vehicle

b. seizure in plain view
c. customs search
d. All of the above

32.Q. Which warrantless search is not valid?

a. waiver or consented search

b. stop-and-frisk situation
 c. search incidental to a lawful arrest
d. search on the ground of reliable tip from reliable assets

33. Q. Which is not the requisites of plain view doctrine?

a. the law enforcement officer in search of the evidence has a prior

justification for an intrusion or is in a position from which he can
view a particular area
b. the discovery of the evidence in plain view is inadvertent
c. it is immediately apparent to the officer that the item he observes
may be evidence of a crime, contraband or otherwise subject to
seizure
d. warrantless search is allowed if the accused arrested lawfully

34.Q. What is the requisites of "Hot Pursuit"?

a. Offense has in fact been committed

b. The arresting officer has personal knowledge that the offense has in fact
been committed because he conducted an investigation
c. The arresting officer has likewise the personal knowledge as to the true
identity of the person to be arrested
d. All of the above

Mere personal knowledge that an offense has in fact been committed is not
sufficient. The police officer must have the personal knowledge also as to the
identity of the person to be arrested.

35.Q. The valid warrantless search is justified because of?

a. Practicability
b. Legality
c. Logically
d. None of the above

36.Q. Under the Tariff and Customs Code, searches, seizures and arrests may be
made even without warrants

a. For purposes of enforcing customs and tariff laws.

b. For purposes of enforcing the Revised Penal Code
c. For purposes of enforcing the warrantless search
 d. For purposes of documentation

37.Q. "Stop and frisk" searches is sometimes referred to as

a. Terry searches
b. Miranda searches
c. Legal searches
d. All of the above

38. Q. An arrest may be made

a. on any day and at any time of the day or night

b. on any day and during working days
c. on any day except on holiday
d. all of the above

39.Q. Uphold the fundamental human rights as well as value the worth and
dignity of every person is enshrined in

a. Philippine Constitution
b. Universal Declaration of Human Rights
c. Revised Penal Code
d. A and B only

40.Q. When making an arrest by virtue of a warrant

a. the officer shall inform the person to be arrested of the cause of the arrest
and of the fact that a warrant has been issued for his arrest
b. the officer shall immediately arrest the person mentioned in the warrant of
arrest to prevent escaping of the accused
c. the officer shall slap on the face of the accused the warrant of arrest
d. None of the above

41.Q. The prohibited drugs seized during the illegal arrest are

a. Inadmissible
b. Admissible
c. Warrants conviction
 d. Warrants acquittal

42.Q. Irregularities attending the arrest of the accused should have been timely
raised

a. in his/her motions to quash the Information at any time before the

arraignment
b. in his/her motion to dismiss
c. in his/her motion for reconsideration
d. in his/her motion to post bail

43.Q. Can an officer making a lawful arrest orally summon as many persons as
he/she deems necessary to assist him in effecting the arrest?

a. No
b. Yes
c. It depends
d. None of the above

44.Q. If the person summoned by officer failed to render assistance, what crime,
if any, is committed by the person?

a. Abandonment of person in danger

b. Abandonments of police officer
c. Refusal to render assistance
d. None of the above

45.Q. The police officer/s has the right to break into building or enclosure

a. after announcing his authority and purpose but refused admittance

b. in order to make an arrest either by virtue of a warrant, or without a warrant
c. where the person to be arrested is or is reasonably believed to be inside the
building
d. All of the above

46.Q. An officer who entered the building or enclosure in order to effect the arrest
but, unfortunately locked inside the building. Can he/she break out from the
building to liberate himself?

a. Yes
 b. No
c. It depends
d. None of the above

47. Q. May any person (not a police) pursue or retake a lawfully arrested suspect
who was managed to escape or is rescued?

a. Yes
b. No
c. It depends
d. None of the above

48. Q. The person lawfully arrested managed to escape or rescued was seen
outside of the Philippines. Can he/she be arrested immediately thereat since
he/she is fugitive from justice?

a. Yes
b. No
c. It depends
d. None of the above

49. Q. Any member of the Philippine bar have the

a. Right to visit and confer privately with the person inside the jail
b. Right to visit and confer publicly with the person inside the jail
c. Right to visit and confer together with the police officer and the person
inside the jail
d. All of the above

50. Q. What is Republic Act No. 7438?

a. An act defining certain rights of persons arrested, detained or under

custodial investigation
b. Anti-Violence Against Women and Their Children Act (VAWC Law)
c. Cybercrime Prevention Act of 2012
d. Special Protection of Children Against Abuse, Exploitation, and
Discrimination Act
 RULE 114

BAIL

51. Q. Which is not included in the definition of bail?

a. is the security given f or the release of a person in custody of the law,

b. furnished by him or a bondsman, to guarantee his appearance before any
court,
c. Bail may be given in the form of corporate surety, property bond, cash
deposit, or recognizance.
d. Money that is posted by the accused in order to secure his/her temporary
liberty and that he/she should always attend the hearings of the case

52. Q. All persons, except those charged with offenses punishable by

_____________ when evidence of guilt is strong, shall, before conviction, be
bailable.

a. Death penalty
b. Reclusion perpetua
c. Life imprisonment
d. All of the above

53. Q. What is the principal purpose of bail?

a. so that the government can have the money

b. to guarantee the appearance of the accused at the trial
c. to imprison those person who cannot afford to post bail
d. all of the above

54. Q. "The State values the dignity of every human person and guarantees full
respect for

a. human rights
b. due process of law
c. the government officials
d. All of the above

55. Q. The hearing for petition for bail is

 a. Summary hearing
b. Thorough hearing
c. Everyday hearing
d. Without hearing

56. Q. Arrest can be

a. House arrest
b. Confined to quarters
c. Restricted to the military camp area
d. All of the above

END