2 for COMPRE Flashcards
When is the preliminary investigation is required?
For offenses where the penalty prescribed by law is atleast 4 years, 2 months and 1 day (or Prision Correccional in its medium period) without regard to fine. (Rule 112, Sec. 1 para 2)
In a rape case, jurisdiction is conferred by
Law
If the prosecutor made an unfavorable resolution of a complaint in an preliminary investigation or inquest investigation, where can the accused file petition of review of the said resolution?
None of the above daw
Not DOJ
While on police mobile patrol, police officers A and B sighted C stabbing E to death, A and B chased C who barge into the house of E. A and B entered the house of E where they found one kilo of Shabu . A and B arrested C. A and B also arrested E for drug possession and took the one kilo of shabu to the police station without a search warrant. Did A and B violate the rule on criminal procedure?
No, Search in the incident of lawful arrest in plain view doctrine
Hot pursuit
Validity of warrant of arrest expires
Does not expires
The duty of the prosecution to present evidence to prove the guilt of an accused
Burden of Proof
When can arrest be made
Anytime of the day or night
The following are the pre-requisites before a court can validly exercise jurisdiction.
Jurisdiction over the person of the accused
Jurisdiction over the territory
Jurisdiction over the subject matter
Even if the offended party is a minor, she can initiate the prosecution for the crime of seduction. This statement is.
Totally true
The wife dies before she could institute a criminal action for concubinage against her husband and his concubine. The case may…
Could not prosecute
Who among the following may prove the handwriting of a person in an open court
Expert witness and ordinary witness
Should entries in the police blotter be given probative value? Yes or No or partly
Partly no
Even there is no evidence and no witness at all against him, the suspect bothered by his conscience surrendered to the police and freely, willfully and voluntarily confess his guilt in writing. Can the police arrest him? Yes or no or partly
No
A police officer testified in court on direct examination. Subsequently, he refused without justifiable reason to be crossed examined. The remedy of the counsel to the accuse is to motion the judge to arrest the Police Officer so he can be examined. Yes or no or partly
Wrong
The RTC can take judicial notice, the rape may be committed even in public places”public setting” of the rape is not an indication of consent. A man overcome by perversity and beastly passion chooses neither time, place occasion nor victim. True or False, Partly.
True
The testimony of a single witness
May be believe even if not corroborated
All except one of the following is hearsay.
The testimony of a complaint regarding text messages he received from the accused.
The police sought a questioning in connection with the killing of a victim. A was seen wearing a bloodstained shirt during an interrogation. A was not assisted by counsel, A admitted his guilt and surrendered the knife he used to commit the crime. What pieces of evidence is/are admissible?
Bloodstain daw