CLJ FINALS_

Question 1

is the taking of a person into custody in order that he may be bound to answer for the commission of an offense

Answer 1

Arrest

Question 2

an order in writing issued in the name of People of the Philippines, signed by the judge and directed to a peace officer, commanding him to arrest a person or persons stated therein
and deliver them before the court

Answer 2

Warrant of Arrest

Question 3

The Court shall issue an _____ if the
original warrant of arrest is returned by the
peace officer together with the report.

Answer 3

Alias Warrant

Question 4

a peace officer or a
private person may, WITHOUT A WARRANT, arrest a person:

(a) When, in his presence, the person to be arrested
* has committed,
* is actually committing,
* is attempting to commit an offense.

Answer 4

In Flagrante Delicto

Question 5

A person lawfully arrested may be searched for dangerous
weapons or anything which may have been used or constitute proof in the commission of an
offense without search warrant.

Answer 5

Search Incidental to a Lawful Arrest

Question 6

the right against unreasonable search and seizure may be voluntarily waived
by a person being searched

Answer 6

Consented Search

Question 7

illegal things at sight may be seized even without a warrant to do so. The things must be readily seen without any effort of locating it

Answer 7

Plain View Doctrine

Question 8

Under search in moving vehicle especially in
checkpoints, moving vehicles may be searched provided that it is limited to visual search,

Answer 8

Search in Moving Vehicle/Checkpoints

Question 9

a questioning of a
person suspected of having committed a crime or of a person who is reluctant to make a full disclosure of information in his
possession which is pertinent to investigation.

Answer 9

Interrogation

Question 10

the questioning of a person who is
believed to possess knowledge that is of official interest to the
investigator

Answer 10

Interview

Question 11

the direct acknowledgement
of guilt

Answer 11

Confession

Question 12

the indirect acknowledgement
of guilt

Answer 12

Admission

Question 13

Example of Private Offense?

Answer 13

Adultery and Concubinage

Question 14

are those offenses which cannot be
prosecuted without a complaint fist filed by the offended
person himself.

Answer 14

Private Offense

Question 15

Is Bigamy and Rape private offenses?

Answer 15

No

Question 16

for crimes or offenses punishable by light penalties, or their
equivalent

Answer 16

12 hours

Question 17

for crimes or offenses punishable by correctional penalties,
or their equivalent

Answer 17

18 hours

Question 18

for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent

Answer 18

36 hours

Question 18

this penalty shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon.

Answer 18

Reclusion Perpetua

Question 18

Penalty shall be from twelve years and one day to twenty years.

Answer 18

Reclusion Temporal

Question 19

Penalty shall be from six (6) years and one (1) day to twelve (12) years, except when the penalty of disqualification is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty

Answer 19

Prison Mayor

Question 20

shall be from six (6) months and one (1) day to six (6) years, except when suspension is
imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty

Answer 20

Prisión correccional, suspensión, and destierro.

Question 21

Penalty shall be from one (1) month and one day to six (6)

Answer 21

Arresto Mayor

Question 22

Penalty r shall be from one (1) day to thirty (30) days

Answer 22

Arresto Menor

Question 23

is mere. banishment and, and serves to protect the killer or attacker. from retaliation of the family members of the deceased. rather than as a punishment

Answer 23

Destierro

Question 24

means banishment or only a prohibition from residing within the radius of 25 kilometers from the actual residence of the accused for a specified length of time.

Answer 24

Destierro

Question 25

is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified

Answer 25

Bail

Question 26

one issued by a corporation licensed to provide bail subscribed jointly by the accused and an officer duly authorized by its board of director.

Answer 26

Corporate Bond

Question 27

an undertaking constituted as a lien on the real property given as security for the amount of the bond (Sec. 11).

Answer 27

Property Bond

Question 28

an obligation of record entered into usually by the responsible members of the community before some court or magistrate duly authorized to take it, with the condition to do some particular act, the most usual act being to assure the appearance of the accused for trial

Answer 28

Recognizance

Question 29

the money deposited by the accused or any person acting on his behalf, with the nearest collector of internal revenue, or provincial, city or municipal treasurer.

Answer 29

Cash Deposit

Question 30

is a mode of securing the release of any person in custody or detention for the commission of an offense who is unable to post bail due to abject poverty

Answer 30

Recognizance

Question 31

The part where the accused is asked whether he pleads guilty or not guilty

Answer 31

Arraignment and Plea

Question 32

When the accused refuses to plead or makes a conditional plea, what shall be entered for him?

Answer 32

A Plea of NOT GUILTY

Question 33

is evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant. In other words, the evidence is favorable to the defendant. In contrast to it,

Answer 33

Exculpatory Evidence

Question 34

the arraignment shall be held within_____days from the date the court acquires jurisdiction

Answer 34

30 days

Question 35

an agency under the Department of Justice that is charged with custody and rehabilitation of national offenders, that is, those sentenced to serve a term of imprisonment of more than three (3) years.

Answer 35

Bureau of Corrections

Question 36

a security facility for the temporary detention of persons held for investigation or awaiting preliminary investigation.

Answer 36

Lock up

Question 37

it houses both offenders awaiting court action and those serving short sentences usually up to three (3) years

Answer 37

Ordinary Jail

Question 38

Jail farm or camp houses minimum custody offenders serving short sentences with constructive work programs. It provides full employment of prisons, remedial services and constructive leisure time activities.

Answer 38

Workhouses

Question 39

inmate who is convicted by the final judgment

Answer 39

Prisoner

Question 40

inmate who is undergoing investigation/trial or awaiting trial/sentencing.

Answer 40

Detainee

Question 41

one who is sentenced to a prison term of three (3) years and one (1) day to death

Answer 41

National Prisoner/Insular Prisoner

Question 42

-one who is sentenced to a prison term of six (6) months & one (1) day three (3) years

Answer 42

Provincial Prisoner

Question 43

one who is sentenced to a prison term of one (1) day to three (3) years

Answer 43

City Prisoner

Question 44

one who is sentenced to a prison term of one (1) day to six (6) months

Answer 44

Municipal Prisoner

Question 45

The system exists to help decongest the regular courts and works mostly as alternative, community based mechanism for dispute resolution of conflicts, also described as a compulsory mediation process at the village level.

Answer 45

Barangay Justice System (Katarungang Pambarangay)

Question 46

The Katarungang Pambarangay Law (repealed by R.A. 7160)

Answer 46

Presidential Decree No.1508

Question 47

The Local Government Code of 1991

Answer 47

RA 7160

Question 48

is a process for adjudication (decide legally) of disputes by which the parties agree to be bound by the decision of a third person or body in place of a regular organized tribunal

Answer 48

Arbitration

Question 49

are interchangeable terms indicating the process whereby the parties involved are persuaded by the Punong Barangay or Pangkat to amicably settle their disputes

Answer 49

Mediation and Conciliation

Question 50

Lupong Tagapamayapa, referred to as the Lupon, composed of the

Answer 50

Punong Barangay (Chairman) Ten (10) to twenty (20) members (Appointed by the Punong Barangay) Barangay Secretary (Secretary of the Lupon)

Question 51

it is the them that conducts barangay mediation after mediation efforts by the lupon chairman fails. So in a way, they are 1the second attempt to arbitrate parties.

Answer 51

Pangkat Tagapagkasundo

Question 52

The lupon members, while in the performance of their official duties or on the occasion thereof, shall be deemed as persons in authority, as defined in the Revised Penal Code.

Answer 52

Section 406 of RA7160

Question 53

The provincial, city legal officer or prosecutor or the municipal legal officer shall render legal advice on matters involving questions of law to the punong barangay or any lupon or pangkat member whenever necessary in the exercise of his functions in the administration of the katarungang pambarangay.

Answer 53

Section 407 of RA 7160

Question 54

evidence tends to stress guilt

Answer 54

Inculpatory Evidence