CLJ MASTERY Flashcards
1
Q
It is the office of the government which provides for prosecutorial services in the country.
A
National Prosecution Office
2
Q
It is an act or omission punishable by law.
A
Crime
3
Q
In criminological sense, when is a person already considered a criminal?
A
The moment he already committed a crime.
4
Q
This type of deterrence is a crime control policy suggesting that punishment be severe enough to convince convicted offenders never to repeat their criminal act
A
Specific Deterrence
5
Q
What is considered the centerpiece of the Criminal Justice System?
A
Court
6
Q
It is sworn written statement charging a person for an offense, subscribed by the offended party, public officers or any peace officer in charge of the law violated.
A
Complaint
6
Q
What is the antonyms (reverse meaning) of the word arrest?
A
Set free
7
Q
Who heads the Lupon Tagapamayapa as prescribed in Republic Act 7160?
A
Barangay Chairman
7
Q
Judgment becomes final when?
A
a. the period for perfecting an appeal lapse.
b. when the sentenced is partially of totally satisfied or served.
c. when the accused waived in writing his right to appeal.
d. When he applied for probation.
8
Q
Is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial (Probable cause).
A
preliminary investigation
8
Q
The trial of a case shall commence with ___ days from receipt of the pre-trial order?
A
30 days
9
Q
The Court of Appeals has total of___ justices
*
A
69
10
Q
This document is required by the Prosecutor’s Office before it can entertain a complaint on a case covered by the Barangay Court
A
Certificate to file action
11
Q
Any person directly vested with jurisdiction (AOR), whether as an individual or as a member of some court, Government Corporation, board or commission
A
person in authority
12
Q
When bail is a discretionary?
A
Upon conviction by the RTC not punishable by reclusion perpetua or life imprisonment.
13
Q
He is the 9th Secretary General of United Nations
A
Antonio Gutierres
14
Q
This includes the right not to be
denied social security coverage arbitrarily or
unreasonably, and the right to equal
enjoyment of adequate protection in the
event of unemployment, sickness, old age
or other lack of livelihood in circumstances
beyond ones control
A
The right to social security and social
15
Q
This refers to the maltreatment of children, whether habitual or not
A
abuse
16
Q
Which of the document is the best proof to establish the age of the child in so far as the juvenile justice welfare system is concerned?
A
Certificate of live birth
17
Q
Upon motion of the proper party, arraignment shall be suspended on the following grounds:
A
All of these
18
Q
It is the authority which selects and recommend for the appointment of the members of the judiciary.
A
Judicial and Bar council
19
Q
An undertaking in lieu of a bond assumed by a parent or custodian who shall be responsible for the appearance in court of the child in conflict with the law, when required is known as
A
Recognizance
20
Q
It is the authority of the court to review, modified or annul cases decided by inferior courts.
A
appellate jurisdiction
20
Q
The philosophy of justice that asserts that those who violate the rights of others deserve to be punished. The severity of the punishment should be commensurate with the seriousness of the crime
A
jus desert
20
Jurisdiction of the court can be lawfully be acquired with the concurrence of the following requirements, EXCEPT.
jurisdiction over the person of the victim
21
He is an arbiter in court who ensues that the defense and the prosecution adhere to the legal requirements of introducing evidences.
judge
22
Law which created the Katarungang Pambarangay
RA 7160
23
A negotiation between the defense counsel and the prosecutor, aimed at reaching an agreement whereby the prosecutor uses discretion to obtain from the judge a lighter sentence in exchange for the defendant’s entering a guilty plea.
plea bargaining
24
Composed of 10 to 20 members this body is constituted every three years to oversee katarungang pambarangay.
Lupong Tagapamayapa
25
A body officially assembled under authority of law in which judicial power is vested or the administration of justice is delegated.
court
26
The following are obligations of the state, except
Protect Human Rights
27
What particular provision of the Constitution which mandates the creation of the Commission on Human Rights?
Art. XIII, Section 17
27
The discharged of the accused person to stand as the witness to the prosecution will______?
operates as an acquittal and shall be a bar to future prosecution of the same offense.
27
Murder is what type of crime according to criminological classification?
Extinctive
28
It is conducted for the purpose of expediting the trial of the case which is mandatory in criminal cases
pre-trial
29
Pertains to a monetary
quantifiable award for any economically
assessable damage, whether pecuniary or
non-pecuniary, as appropriate and
proportional to the gravity of the violation
and the circumstances of each case, such
as lost opportunities, loss of earnings, and
moral damage
Compensation
30
A person who is present at the scene of a
violent crime and who is injured as a direct
result of witnessing that crime
Secondary Victim
31
It refers to the legal process of resolving dispute or deciding a case. This includes the development of
capacities to determine the most adequate
type of redress or compensation.
Adjudication
32
It is the re- recognition of rights that were denied to the person as a result of a human rights
violation. The most important example in
this area is the rectification of a persons
criminal record after a trial and conviction in
violation of human rights
Restoration of legal rights
33
Persons must be released, if the international jurisprudence has found that the detention is in violation of international human rights law or of prison
sentences resulting from unfair trials
Restoration of liberty
34
A body officially assembled under authority of law in which judicial power is vested or the administration of justice is delegated.
court
35
It is the authority of the court to try/hear cases for the first time to the exclusion of other courts.
original jurisdiction
36
It is the suffering that is inflicted by the state for the transgression of the law
penalty
37
It is tasked for the treatment and rehabilitation of National Prisoner which is under the Department of Justice.
BUCOR
38
It refers to the examination of an individual’s person, house, papers or effects, or other buildings and premises to discover contraband or some evidence of guilt to be used in the prosecution of a criminal action:
Search
39
In the Philippine Criminal Justice System, it is considered as the final arbiter for justice.
Court
40
What is the total number of justices composing the Supreme Court including the Chief Justice?
15
41
In order for a Court to have authority to a particular case, it must have jurisdiction of the following, except
None of these
42
The administrative arm of the President of the Philippines in the exercise of his constitutional power to grant, except in cases of impeachment, pardon, reprieve and amnesty after conviction by final judgment.
Board of Pardons and Parole
43
This process submits that the criminal behavior was due to the gap between the criminal and the community. For this reason the offender must be assisted to strive hard to face the forces of the society or community which will join upon his release from jail/prison.
Reintegration
44
Who was the President of the Constitutional commission which drafted the 1987 Constitution?
Cecilia Munoz Palma
45
He was the first chairman of the Presidential Committee on Human Rights.
Jose W. Diokno
46
Submitted by the accused to answer the complaint against him
Counter affidavit
46
A principle which requires a process of resolving conflicts with the maximum involvement of the victim, the offender and the community. It seeks to obtain reparation for the victim; reconciliation of the offender, the offended and the community; and reassurance to the offender that he/she can be reintegrated into society. It also enhances public safety by activating the offender, the victim and the community in prevention strategies.
Restorative justice
47
he headquarters of the United Nations is found in
New York City, USA
48
What do you call a court covering two (2) or more municipalities?
MCTC
49
It is that degree of proof requires in criminal case which would convince a reasonable mind based on moral certainty but which nevertheless does not preclude the possibility of error.
proof beyond reasonable doubt
50
The pillar of the CJS which is not under the executive branch of the government.
court
50
When Bail is a matter of right?
Before or after conviction by the metropolitan, Municipal or Municipal circuit trial court.
51
It is a process directed to a person requiring him to attend and to testify or to bring with him any books or documents under his control at the trial of an action
subpoena
52
When the criminal law appears to be capable of being given interpretations which seem to favor or against the accused, such law shall ____.
be interpreted in favor of the accused.
53
The following are elements of frustrated stage in the commission of the crime, EXCEPT__.
by reason of spontaneous desistance of the accused
53
In Criminal law and Jurisprudence, there are two acts- internal and external act. Which of the two acts is indispensable for the act to be punishable as a crime?
External act
53
There are four (4) acknowledged goals of ___________ as follows: retribution, deterrence, incapacitation, and rehabilitation.
Criminal sanction
53
Our criminal law may be applied extraterritorially which simply means that
our criminal law may be applicable even outside of our territory
54
Things which are wrongful in their nature.
mala in se
54
TANGOL saw DAVID with an angry expression on his face holding a firearm moving towards his direction. When DAVID was already near him, TANGOL picked up 2x2 hard wood and hit DAVID on both his arms, resulting injuries to the latter, it was revealed during the investigation that DAVID is without bad intention to TANGOL. TANGOL was charged for serious physical injuries. This situation fits the principle of
. Mistake of fact
55
Mistake of facts is distinguished from mistake in identity in that in mistake of facts the
Accused is without intention to commit a felony
55
The moving power which impels one to action for a definite result.
motive
56
Persons who aid the felons to hide away pieces of evidence or profit from the fruits of the crimes are said to be.
Accessories
57
The PHASE in the commission of the crime when the person is from the point of beginning or within the point where he can still decide to desist or continue the commission of the crime is the __________ phase.
subjective
58
If a person commits an act or omission which is provided by Revised Penal Code as amended or modified, the crime committed or omitted is _________.
Felony
59
Andres is the Philippine Ambassador deployed to the Republic of Japan
From the foregoing situation, suppose that while in the performance of his office, Pinuno committed an act punishable under Philippine penal laws, the characteristics of criminal law be to be applied should be
Extra-territorial (par. 4, Art. 2, RPC)
60
From the foregoing situation, suppose Andres is Japanese and the Ambassador of Japan to the Philippines. Outside the performance of his public office, Andres committed an act which is punishable under Philippine law, the characteristics of criminal law to be applied should be
Generality
60
From the foregoing situation, suppose that Andres is just an ordinary embassy employee in Japan. He committed a crime in connection with the performance of his official function the act complained of is not yet punishable at the time it was committed. Under our penal system, the applicable characteristics of criminal law are
Prospectivity
61
In case of crimes which are subject of special penal laws, what rule of interpretation shall be applied?
The RPC will be supplementary to special law
62
Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are:
afflictive
63
It is the quality by which an act may be ascribed to a person as its author or owner. It implies that the act committed has been freely and consciously done and may therefore be put down to the doer as his very own.
Imputability
64
Acts of a person which are said to be in accordance with the law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability.
justifying circumstances
65
The following are the requisites for self-defense, EXCEPT
Lack of intent on the part of the person defending himself.
66
Crimes that have three stages of execution
Material
67
Those grounds which makes the person not imputable for the offense since there is a wanting in the agent of the crime of the conditions which make the act voluntary or negligent.
Exempting
68
The following circumstances exempt a person from criminal liability though there is civil liability considering that there is crime committed, EXCEPT:
Accident
69
The following are exempted from criminal liability, EXCEPT:
Children over 15 but under 18 who acted with discernment
70
What is this exempting circumstance wherein the basis of exemption is the age of the offender?
Age of absolute criminal irresponsibility
71
Whenever a new statute dealing crime establishes conditions more lenient or favorable to the accused, it can be given a
Retroactive effect
72
JAKE was convicted for several crimes: homicide, the penalty Imposes is minimum of 6 years and 1 day to 8 years: physical injury... 6 months and 1 day to 6 years: and parricide, the penalty is Reclusion Perpetua. Jake should server successive of sentence by serving first the penalty of______________.
Reclusion Perpetua
73
In criminal law, when one speaks of capital offense, it connotes that an offense wherein the imposable penalty when committed as charged is what
Indivisible
74
Which is the law enacted by Congress that imposes a penalty, other than the Revised Penal Code?
Special Penal Laws
75
X tried to kill Y by putting in his food a substance which he thought was arsenic (poison) when in fact it was just a sugar. Y was not killed as a consequence. What X did he commit?
impossible crime
76
Is that portion of the acts constituting the crime, starting from the point where the offender begins the commission of the crime to that point where he has still control over his acts including their (acts) natural course.
Subjective Phase
77
In the prescription of an offense, the period of prescription shall start to run on the day on which the crime is what?
Discovered
78
A person who is committing an act in violation of a special penal law is committing ______
An offense
79
Which of the following is NOT a source of criminal law?
Resolution
80
It is a legislative act which inflicts punishment without trial. Its essence is the substitution of a legislative act for a judicial determination of guilt.
Bill of attainder
81
Purisima is the chief of police in the town of Antipolo. His son Marquez committed murder whom he helped in escaping by providing Marquez money and Car. Is liable as an?
Accessory but exempted from liability by virtue of relationship
82
A is charged of a crime in violation of RA 9262 (Anti-Violence Against Women and Their Children). What is the nature of the crime committed by A?
Mala in se
83
When a Filipino killed a Chinese on board a vessel bearing the flag of Mexico while the vessel is in Philippine waters or territory, may the criminal law of the Philippines apply?
Yes, because the killing happened within the Philippine waters or territory
84
What is this Justifying circumstance wherein the accused, in making the defense, must not be induced by revenge or ill motive?
Defense of stranger
85
The Revised Penal Code serves as the primary source of criminal laws in the Philippines. It took effect on?
January 1, 1932
86
When one speaks of capital punishment or crime with afflictive penalties, said crime is categorized as?
grave
87
In the exempting circumstance of compulsion of irresistible force, the irresistible force must be in the form of ______.
physical force
88
What is this Justifying circumstance wherein the person assaulted is related to the accused by consanguinity within the fourth degree?
A Defense of relative
88
A committed a grave offense, B arrested A without a warrant. Due to the distance from the place of arrest to the office of the Provincial Prosecutor, the Information was filed more than three days after the arrest. A remained under the custody of the police. Suppose that you are B and you are charged with arbitrary detention under Article 125 of the Revised Penal Code. How would you defend yourself?
I will invoke the defense of lawful and insuperable cause
89
Crimes committed within the territorial water of another country can either be triable in that country or in the country where the vessel is registered. What rule provides that a crime committed on board vessel shall be NOT tried in the court of the country having territorial jurisdiction, unless their commission affects the peace and security of the territory or the safety of the state is endangered.
French rule
90
What is this exempting circumstance which is based on impossibility of performance as required by law?
Prevention by some lawful or insuperable cause
91
In the exempting circumstance of compulsion of irresistible force, the physical force must come from the _____.
third person
92
Basically, there are three fundamental characteristics of criminal law. What characteristics of criminal law states that criminal law is binding on all persons who live or sojourn in the Philippines?
Generality
93
The following are the exemption to the rule of Generality, EXCEPT:
President, Prime Minister and Ambassador
94
Mr. A committed loitering within the vicinity of Isetan Recto on January 12, 2009. June 12, 2009, a city ordinance was passed punishing loitering within the vicinity of Isetan Recto. Can A be held liable for his act of loitering?
No, for the act was done prior to the effectivity of the law
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