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Criminal Procedure-2024 -compressed

The document outlines various aspects of criminal procedure, including definitions of terms, jurisdiction of courts, and processes such as preliminary investigations and arrests. It also details the requirements for complaints and information, as well as remedies available in criminal cases. The content serves as a guide for understanding the legal framework surrounding criminal law enforcement and court proceedings.

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Merly Felizarta
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1 views

Criminal Procedure-2024 -compressed

The document outlines various aspects of criminal procedure, including definitions of terms, jurisdiction of courts, and processes such as preliminary investigations and arrests. It also details the requirements for complaints and information, as well as remedies available in criminal cases. The content serves as a guide for understanding the legal framework surrounding criminal law enforcement and court proceedings.

Uploaded by

Merly Felizarta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Criminal Procedure

1. Criminal Procedure________________________

a. Branch of public law which defines crimes; treats


of their nature, and provides for their punishment.
b. a branch of law dealing with the court's procedural
standards and rules of civil lawsuits.
c. Treats of the series of processes by which the
criminal laws are enforced and by which the State
prosecutes persons who violate the penal laws.
d. the means, sanctioned by these rules, of
ascertaining in a judicial proceeding the truth
respecting a matter of fact
e. None of the above
Which of the following does not fall within
the jurisdiction of the MTC, MCTC, MTCC,
and METC?
a.Violations of city or municipal
ordinances committed within their
respective territorial jurisdiction
b.All offenses punishable with
imprisonment exceeding 6 years
c.Offenses involving damage to property
through criminal negligence
d.BP 22 cases
e.Traffic violation
Which of the following does not fall
within the jurisdiction of the RTC?
a.Violation of Comprehensive Dangerous
Drugs Act
b.Money Laundering cases
c.All offenses punishable with
imprisonment exceeding 6 years
d.Violation of traffic laws
e.Murder
___________________ is a summary proceeding to
determine whether a person should be
indicted in court after ascertaining, based on
the evidence provided and after case build-up
has been conducted, that there is prima facie
evidence with reasonable certainty for the
respondent’s conviction and that he/she
should be held for trial
a. Pre-Trial.
b. Arraignment
c. Preliminary Investigation
d. Inquest Proceeding
e. None of the above
Preliminary investigation is required when
the imposable penalty is at least

a.4 years, 2 months and 1 day


b.2 years, 2 months and 1 day
c.1 years, 2 months and 1 day
d.5 years, and 1 day
e.6 years and 1 day
Who are not authorized to conduct the
requisite preliminary investigation?
a.Provincial prosecutors
b.Fiscal
c.Clerk of court
d.Judges
e.None of the above
A ____________ is a sworn written
statement charging a person with an
offense, subscribed by the offended
party, any peace officer, or other
public officer charged with the
enforcement of the law violated.
a.Complaint
b.Information
c.Prosecution
d.Pleading
e.Affidavit
A/n ___________ is an accusation in writing charging a
person with an offense, subscribed by the prosecutor and
filed with the court.

a.Complaint
b.Prosecution
c.Information
d.Affidavit
e.Pleading
A complaint or information is deemed
sufficient if it contains the following:

a.Name of the accused


b.Designation of the offense given by
the statute
c.Acts or omissions complained of as
constituting the offense
d.Name of the offended party
e.All of the above
The probable cause as determined by the prosecutor
is for the purpose of

a. Issuance of warrant of arrest


b. Issuance of search warrant
c. Application for bail
d. Filing of information
e. None of the above
The probable cause as determined by the judge is for
the purpose of

a. Issuance of warrant of arrest


b. Filing of complaint
c. Application for bail
d. Filing of information
e. None of the above
It is an informal and summary investigation
conducted by a public prosecutor in criminal
cases involving persons arrested and
detained without the benefit of a warrant of
arrest.
a. Preliminary investigation
b. Plea-bargaining’
c. Inquest proceeding
d. Probable cause determination
e. None of the above
__________ is the taking of a person into custody in order that he may
be bound to answer for the commission of an offense. (Sec 1, Rule
113)

a. Preliminary Investigation
b. Hot pursuit
c. Arrest
d. Search
e. Surrender
Which is true regarding Arrests?
a. No violence or unnecessary force shall be used in making an
arrest.
b. The person arrested shall not be subject to a greater restraint than
is necessary for his detention
c. If necessary to secure and detain the offender, overcome his
resistance, prevent his escape, recapture him and protect himself
from bodily harm
d. An officer may break into a building or enclosure to effect an
arrest provided that the person to be arrested is or is reasonably
believed to be in the said building and he officer has announced
his authority and purpose for entering therein but was denied
admittance
e. All of the above
A _______________ is an order in writing issued in
the name of the People of the Philippines, signed
by a judge and directed to a peace officer,
commanding him to search for personal property
described therein and bring it before the court.
(Rule 126, Sec 1)
a. Search Warrant
b. Warrant of Arrest
c. Warrant of Personal Property
d. Garnishment
e. Judgment
It is a formal answer of the defendant in
common law pleading. The answer of
“guilty” or “not guilty” in an arraignment for
a criminal charge.
a. Plea
b. Counter -Affidavit
c. Reply
d. Motion
A remedy to assail the validity of the criminal information for
defects or defenses apparent on the face of the information.

a. Motion to Quash;
b. Motion for Demurrer to evidence
c. Motion for Bill of Particulars
d. Motion to suppress evidence
A remedy Filed after the prosecution has rested its case based on the
ground of insufficiency of evidence adduced by the prosecution in
support of the accusation.

a. Motion to Quash;
b. Motion for Demurrer to evidence
c. Motion for Bill of Particulars
d. Motion to suppress evidence
It contemplates that the dismissal of the
action is not permanent and can be revived
within the period set by the Rules of
Court.
a.Temporary Dismissal
b.Provisional Dismissal
c.Permanent Dismissal
d.Suspended Dismissal
The provisional dismissal of offenses
punishable imprisonment not exceeding six (6)
years or a fine of any amount, or both, shall
become permanent _____________after issuance of
the order without the case having been
revived.

a. 1 year
b. 2 years
c. 3 years
d. 4 years
It occurs when the accused has already been
arraigned, has been duly notified of the trial
but failed to appear without justifiable reason.

a. Trial by default
b. Trial in cognito
c. Trial in absentia
d. Trial by one side
It is the adjudication by the court that
the accused is guilty or not guilty of the
offense charged and the imposition of the
proper penalty and civil liability, if
any.
a. Ruling
b. Judgment
c. Opinion
d. Obiter dictum
e. Resolution
A remedy to a judgment filed to in
order to correct errors of law or
fact in the judgment. It does not
require any further proceeding.
a. Motion for Reconsideration
b. Motion for New Trial
c. Motion for leave to file Demurrer to Evidence
d. Motion to quash
e. Motion to Suppress evidence
A remedy to a judgment filed
based on newly discovered
evidence.
a. Motion for Reconsideration
b. Motion for New Trial
c. Motion for leave to file Demurrer to Evidence
d. Motion to quash
e. Motion to Suppress evidence
It is a remedy afforded to the
offended party to have the property
of the accused attached as security
for satisfaction of any judgment that
may be recovered from the accused.
a. Attachment
b. Preliminary Injunction
c. Receivership
d. Replevin
e. None of the above

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