UNIT V - RIGHT OF THE ACCUSED

Question 1

A lawyer assigned by the court to represent and defend the accused in case he cannot afford one himself

Answer 1

Counsel De Officio

Question 2

A lawyer chose by the party

Answer 2

Counsel De Parte

Question 3

What right is being practiced in Article III Section 14: No person shall be held to answer for a criminal offense without due process of law

Answer 3

Right to Due Process

Question 4

The laws and legal proceeding must be fair and to make sure that the government will respect all the person’s legal right. It is more on procedural due process.

Answer 4

Criminal Due Process

Question 5

These are the requisites for criminal due process, EXCEPT
a. Judgment must be rendered after lawful hearing
b. Accused is proceeded under the orderly process of law
c. Evidence must be duly considered by investigating committee or official
d. Accused is heard by a court of a competent jurisdiction

Answer 5

c. evidence must be duly considered by investigating committee or official

Question 6

It is the right of the accused to presumed innocent until contrary is proved

Answer 6

Right to presumed innocent

Question 7

Accused should be given notice and opportunity to be heard. Is the statement true or false?

Answer 7

True

Question 8

It is exempted to the constitutional presumption of innocence if there is a reasonable connection between the fact presumed and the fact ultimately proven from such fact. True or False?

Answer 8

True

Question 9

A custodial investigation is done in private. True or false?

Answer 9

True

Question 10

It is the process of reading of the case in open court to inform the accused of the nature and cause of accusation

Answer 10

Arraignment

Question 11

The purpose of the right to informed of the nature and cause of the accusation is to furnish the accused with such description of the charged against him as will enable him to make a defense. True or false?

Answer 11

True

Question 12

The right means that the trial should be conducted according to the law of criminal procedure and the rules and regulations and it should be free from vexatious, capricious, and oppressive delays.

Answer 12

Speedy Trial

Question 13

If the accuse plead not guilty, arraignment and pre-trial should be held within how many days?
a. 30 days
b. 180 days
c. 38 days
d. 98 days

Answer 13

a. 30 days

Question 14

What is the total days should a trial be completed since from the first day of the trial?
a. 30 days
b. 180 days
c. 38 days
d. 98 days

Answer 14

b. 180 days

Question 15

This is one of the factors to be considered in the determination of whether or not the accused has been deprived of his right to speedy trial
a. The defendants should be cross-examine
b. The person is double jeopardy
c. Prejudice to the defendant
d. Failure to obey a subpoena

Answer 15

c. prejudice to the defendant

Question 16

It is the right of the accused to have a subpoena and/or a subpoena duces

Answer 16

Right to compulsory process

Question 17

Ms. Clara lives in a rural area in Iloilo City, she have been given a subpoena to testify for a MURDER CASE in the city that is 50 kilometers away from her home. Can she be excused to not appear in the court since she is far? YES or NO?

Answer 17

NO

Question 18

It is the peril in which a person is placed when he is regularly charged with a crime before tribunal properly organized and competent to try him.

Answer 18

Double Jeopardy

Question 19

It is the security posted for the temporary release of person

Answer 19

BAIL

Question 20

What are the four types of bail

Answer 20

1. Cash bail
2. Property Bond
3. Corporate surety Bail
4. Recognizance bail