Exam Flashcards
When did the Revised Penal Code took
effect?
January 1, 1932
It is a crime committed when the
offender is a public officer who is acting in a private capacity, arrested and detained another and accused the
arrested person of the crime even without legal grounds.
Unlawful Arrest
When was the effectivity of the old
penal code in the Philippines?
January 14, 1887
What is the duration of imprisonment
for light felonies?
Arresto Menor
Acts that are made illegal by
criminal statute and are not necessarily inherently
wrong.
Mala Prohibita
It is a combination of related elements organized into a complex whole.
System
They are primarily focused on
executing information to be filed on the court
Prosecutors
It is issued for the apprehension of
a person whose true name is unknown.
John Doe Warrant
The officer assigned for execution of
warrant of arrest shall make a report of non-execution after the lapse of 10 days from its receipt to whom?
Judge
What do you call to a person who escaped from a penal establishment?
Escapee
How many hours is given to an
arresting officer to deliver the arrested person to proper judicial authority if the probable penalty is Prision Mayor
36 Hours
Mr. A, an incumbent mayor, detained
Mr. B for 10 days without legal grounds. What is the crime committed by Mr. A?
Arbitrary Detention
Based on the previous question, what
will be the duration of imprisonment of Mr. A if he will be proven guilty before the court?
Prision Correccional
Mr. A arrested Mr. B for a crime he
did not commit and delivered him to the nearest police
station. What is the crime committed by the former if
any?
Unlawful Arrest
Mr. A, a renowned artist, arrested
and detained Ms. B without leud design and for the sole
purpose of denying the liberty of the latter. What is the
crime committed by the former if any?
Illegal Detention
It is the application of instruments
and methods of physical science to the detection of crime.
Instrumentation
What is the landmark case that
enumerated the rights of a person under investigation for
the commission of an offense?
Miranda Vs Arizona
Based on the previous question, who
is the person behind this case?
Ernesto Miranda
When was the enactment of Republic Act of 7438?
April 27, 1992
This doctrine states that any
evidence illegally obtained shall not be admissible in
inquest proceeding any proceedings.
The Doctrine of the Fruit of Poisonous Tree
This is conducted by an informal
interview with the arresting officer and/or the arrested
person regarding all questions surrounding the arrest of
the latter.
Inquest Proceeding
Who will order the further detention
of the arrested person if he finds reasonable grounds to
the arrest of the latter?
Prosecutor
An information is an accusation in
writing charging a person with an offense, where it is
being filed?
Court
Who has given the authority to
subscribe an information?
Prosecutor
The existence of sufficient ground
to engender a well-founded belief that a crime has been
committed and the respondent is probably guilty thereof.
Probable Cause
It is conducted to protect the state
from useless and expensive trials and to secure the
innocent against oppressive prosecution.
Preliminary Investigation
What do you call to the answer of
after he learns that
respondent
complaint/information was filed against him?
Counter Affidavit
Such answer shall be submitted for
how many days from the receipt of the subpoena?
10 Days
In Preliminary Investigation, what
is the process being conducted if there are facts and
issues to be clarified from a party or a witness?
Clarification
Such process shall be terminated
within how many days?
5 Days
It is an entity or body in which a
portion of judicial power is vested.
Court
If there is no reasonable ground to
detain a person, the prosecutor will order the release of
the arrested person signing a written agreement that the latter must voluntarily show himself whenever required to by the prosecutor to make some clarification relative to
his arrest.
Promise to Appear
A public officer, appointed to
preside to and administer the law in a court of justice.
Judge
The only power given to a court if
it has no jurisdiction over the case.
Dismissal
Cynthia filed a complaint at the
Municipal Trial Court against Libertad for the crime of simple theft. Libertad appealed to the Regional Trial Court after she was pronounced guilty of the crime. What
jurisdiction is exercised by the Municipal Trial Court?
General Jurisdiction
Under the rule, how many witnesses
shall be present in executing search warrant?
Two (2) Witnesses
In the Criminal Justice System,
which among the following pillars are responsible for
evaluating evidence, which the police gathered and
deciding whether it is sufficient to warrant the filing
Jurisdicho charges against the alleged accused?
Prosecution Pillar
What type of jurisdiction is given
to hear cases in violation of the Revised Penal Code and
other special laws?
Criminal Jurisdiction
A security given for the release of
a person in custody of law, furnished by him or a
bondsman, to guarantee his appearance before any court as
required under the conditions specified by law.
Bail
These are offenses which may be
punished with death.
Capital Offense
A Complaint is a sworn written
statement charging a person with an offense subscribe by
whom?
The Complainant
Where to file a complaint?
In Court
How will the court acquires
jurisdiction over the person of the accused?
Upon his Arrest
Evidence which is presented by the
accused to set him free.
Exculpatory Evidence
Whose presence is mandatory during arraignment?
Accused
If the act of the party or by his
counsel posed a willful and deliberate forum shopping,
Certification against they will be liable for what offense?
Direct Contempt
A certification filed with other
initiatory pleading asserting that no other action surrounding the same issues being filed in any court, body, or tribunal
Certification Against Forum Shopping
Such certification shall be filed
by whom?
Complainant
How many days were given to appeal
or to apply for probation upon the receipt of the court’s
judgment?
10 Days
What do you call to a party against whom the appeal is taken?
Appellee
This court primarily holds cases
pertaining to family rights, duties, as well as
contractual relations of Filipino Muslims in Mindanao.
Shari’a District Court
The party who takes an appeal from
one court to another.
Appellant
What plea shall be entered if the
accused refuses to plead?
Plea of Not Guilty
What shall the court do if the
accused pleads guilty to a capital offense to determine
if the plea was made voluntarily and the accused fully
comprehends the consequences of his plea?
Search Inquiry
The power and authority to hear and
determine only cases specified by law to be within its
jurisdiction.
Limited Jurisdiction
The power and authority to hear,
try and decide cases that may be brought to two or more
courts, body, or tribunal.
Concurrent Jurisdiction
It is a court in every city which does not form part of a metropolitan area
Municipal Trial Court
A court which is comprised of one or more cities and/or municipalities
Municipal Circuit Trial Court
This court holds territorial
jurisdiction over cities and municipalities comprising the metropolitan area
Metropolitan Trial Court
The power and authority to decide
all cases which may come before it except those assigned
to other courts, bodies, or tribunal.
General Jurisdiction
