Philippine College Foundation
School of Criminology
Midterm Examination
CLJ1: Introduction to Philippine Criminal Justice System
2nd Semester of A.Y. 2021-2022
Instructions:
1. This questionnaire consists of thirty (30) items for Multiple Choice Questions (MCQ’s) 2 points each
and eight (6) items for essay questions and contained in five (5) pages.
2. Place your choice letter for the MCQ’s at the space/table provided at the last question.
3. Use bold texts in your answer for essay type question. Read each question very
carefully. Answer legibly, clearly and concisely. Do not repeat the question.
4. Your answers should demonstrate your ability to analyze the facts, apply the pertinent laws
and jurisprudence, and arrive at sound and logical conclusions. Answers must fully explain
even if the questions do not expressly require explanations. A "Yes" or "No"
answer sans explanation or discussion will not be given full credit.
5. Indicate your name in your word document answer manuscript and submit thru e-mail using
your name (last name first) as your filename.
6. The examination will start at 7:00 PM and submit your answer on or before 9:30 PM.
7. Open your video while answering until you had submitted your answer.
GOOD LUCK!!!
Part I MCQ’s (1 pt. each)
1. Heads of State or Ambassadors can NOT be held criminally liable in another state or place of
assignment under the principles of international law. This is an EXCEPTION to the general characteristic
of Criminal Law which is
A. Prospectivity
B. Generality
C. Territoriality
D. Immunity
2. During a heated argument, A, a seaman of Chinese nationality choked to death B, a Filipino, on
board a ship not registered in the Philippines while in the high seas. C, a Filipino, owns the ship. Do
Philippine courts have jurisdiction over the case?
a. Yes, the rule on territoriality applies since the owner of the ship is a Filipino
b. No, the rule on territoriality does not apply since the ship is not registered in the Philippines
c. Yes, the rule on territoriality applies since the crime was committed on board a Philippine ship
d. No, the rule on territoriality does not apply since the Philippine courts have no jurisdiction over
crimes committed on the high seas on ship not registered in the Philippines
3. Which is not an element of culpa?
a. Lack of foresight
b. Lack of knowledge
c. Imprudence
d. Negligence
4. It is the authority to hear and determine a cause. It is the power given by
the law to a court to entertain, hear and determine certain controversies.
a. venue b. jurisdiction
5. For offenses where a preliminary investigation is required, the institution of criminal action is made by
filing the complaint with the proper officer for the purpose of conducting the requisite preliminary
investigation. Who among the following is the proper officer referred to in this statement?
a. city and provincial prosecutor and their assistants b. national and regional prosecutors
c. ombudsman d. all of the above
6. For all other offenses, meaning those where the offense is punishable by less
than 4 years 2 months and 1 day, the filing of the complaint or information is
made directly with which of the following?
a. Municipal Trial Courts
b. Municipal Circuit Trial Courts, or
c. The complaint with the office of the prosecutor
d. All of the above
7. As a general rule, the precise and exact date and time of the commission of
the offense is required to be specifically stated in the complaint or information.
a. true b. false
8. The complaint or information need not be stated in the technical or very
legalistic language used by the law but it should be stated in terms that will:
a. enable a person of common understanding to know what offense is being
charged
b. enable a person of common understanding to know what qualifying
circumstances if any are being charged
c. enable the court to pronounce proper judgment
d. all of the above
9. As a rule, a complaint or information must charge _____ offense.
a. one
b. two
c. three
d. as many offenses as there appear to be committed by the accused
10. A preliminary investigation is required to be conducted before the filing of a
complaint or information if:
a. the penalty prescribed by law for the alleged offense is at least four (4) years, two
(2) months and one (1) day without regard to the fine.
b. the penalty prescribed by law for the alleged offense is at least four (4) years, two
(2) months and one (1) day with regard to the fine.
c. The penalty is below 4 years 2 months and 1 day
11. Illegal possession of a firearm is a crime.
a. Mala delicta
b. Mala prohibita
c. Mala in se
d. Mala selecta
12. In a preliminary investigation, the affidavits shall be subscribed and sworn to
before any prosecutor or government official authorized to administer oath, or,
in their absence or unavailability, before a notary public. The statement is:
a. true
b. false
13. When a person is lawfully arrested without a warrant involving an offense
which requires a preliminary investigation, the complaint or information may be
filed by a prosecutor without need of such investigation provided that this has
been made
a. Preliminary investigation
b. Torture
c. Complaint filed by complainants
d. Inquest
14. Which among the following is not a valid ground to arrest another without
warrant?
(a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
(b) When an offense has just been committed, and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be
arrested has committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined while his case is
pending, or has escaped while being transferred from
one confinement to another.
(d) When the person to be arrested is acting suspiciously or there are reliable
information that the person is the criminal.
15. When making an arrest without a warrant, the officer must: inform the person
to be arrested of his authority and the cause of the arrest, unless
a. the accused is engaged in the commission of an offense
b. the accused is pursued immediately after its commission,
c. the accused has escaped, flees or forcibly resists before the officer has
opportunity so to inform him
d. the giving of such information will imperil the arrest
e. all of these
16. Whenever an officer has entered the building or enclosure in accordance with
the preceding section, he may break out therefrom when necessary to liberate
himself.
a. Right to break out
b. Break out doctrine
c. All of these
17. Upon/after the conviction by the Regional Trial Court of an offense not
punishable by death, reclusion perpetua, or life imprisonment, admission to bail
is _____.
a. Matter of right
b. Matter of discretion
18. The bond of the accused shall be forfeited when:
a. He fails to appear in person as required
b. He commits another crime
19. To be exempt from being compelled to be a witness against himself, is the right
of the accused against:
a. false prosecution
b. self-incrimination
20. The private offended party is also required to appear at the arraignment for
purposes of
a. plea bargaining
b. determination of civil liability
c. other matters requiring his presence.
d. All of these
21. This shall be made in open court by the judge or clerk by furnishing the
accused with a copy of the complaint or information, reading the same in the
language or dialect known to him, and asking him whether he pleads guilty or
not guilty
a. arraignment
b. trial
c. judgment
22. As a general rule, the precise and exact place of the commission of the offense
is required to be specifically stated in the complaint or information.
a. true b. false
23. It 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.
a. Inquest
b. Preliminary examination
c. Preliminary trial
d. Preliminary investigation
24. Who may not conduct preliminary investigations?
(a) Provincial or City Prosecutors and their assistants;
(b) Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;
(c) National and Regional State Prosecutors; and
(d) Other officers as may be authorized by law.
25. The law must be interpreted liberally in favor of the _____ and strictly against the _____.
a. Accused: state
b. Criminal: offender
c. Government: people
d. State: accused
26. After the filing of the complaint or information in court without a preliminary
investigation, the accused may, within ________ days from the time he learns of
its filing, ask for a preliminary investigation
a. 5 days
b. 10 days
27. It shall be the duty of the officer executing the warrant to arrest the accused
and to deliver him to the nearest police station or jail without unnecessary delay.
The statement is:
a. True
b. False
28. An arrest may be made on any weekdays and office hours only. The statement
is:
a. True
b. False
29. Grounds to suspend the arraignment is which of these?
(a) The accused appears to be suffering from an unsound mental condition which effective renders him
unable to fully understand the charge against him and to plead intelligently thereto. In such case, the
court shall order his mental examination and, if necessary, his confinement for such purpose;
(b) There exists a prejudicial question; and
(c) A petition for review of the resolution of the prosecutor is pending at either the Department of
Justice, or the Office of the President; provided, that the period of suspension shall not exceed sixty (60)
days counted from the filing of the petition with the reviewing office.
(d) all of these
30. If a person lawfully arrested escapes or is rescued, any person may
immediately pursue or retake him without a warrant at any time and in any
place within the Philippines. The statement is:
a. True
b. False
31. Which of these may be seized by virtue of search warrant?
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, or fruits of the offense; or
(c) Used or intended to be used as the means of committing an offense.
(d) All of these
32. No person under detention by legal process shall be released or transferred
except upon order of the court or when he is admitted to bail. The statement is:
a. true
b. false
33. If the motion to quash is based on an alleged defect of the complaint or
information which can be cured by amendment, the court shall order that an
amendment be made. The statement is:
a. true
b. false
34. No search of a house, room, or any other premise shall be made except in the
presence of:
a. lawful occupant
b. any member of his family
c. two witnesses of sufficient age and discretion residing in the same locality
d. all of these in the order of preference stated
35. After the pre-trial conference, the court shall issue an order reciting the actions
taken, the facts stipulated and the evidenced marked. What do you call this
order?
a. pre-trial order b. arraignment
36. No search of a house, room, or any other premise shall be made except in the
presence of:
a. lawful occupant
b. any member of his family
c. two witnesses of sufficient age and discretion residing in the same locality
d. all of these in the order of preference stated
37. After a plea of not guilty is entered, the accused shall have at least _______
days to prepare for trial
a. 15 days
b. 10 days
38. The judgment must contain:
a. the legal qualification of the offense constituted by the acts committed by the
accused and the aggravating or mitigating circumstances which attended its
commission
b. the participation of the accused in the offense, whether as principal, accomplice,
or accessory after the fact
c. the penalty imposed upon the accuse
d. the civil liability or damages caused by his wrongful act or omission to be
recovered from the accused
e. all of these
39. Any party may appeal from a judgment or final order, unless the accused will
be placed in double jeopardy. The statement is:
a. True
b. False
40. Which among the following is a ground for new trial?
(a) The errors of law or irregularities prejudicial to the substantial rights of the
accused have been committed during the trial;
(b) The new and material evidence has been discovered which the accused could not
with reasonable diligence have discovered and produced at the trial and which
if introduced and admitted would probably change the judgment.
(c) All of these
II. Essay:
Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and
Municipal Trial Courts
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL
COURTS AND MUNICIPAL TRIAL COURTS PHILIPPINE CRIMINAL JUSTICE SYSTEM