Exam Flashcards

(60 cards)

1
Q

When did the Revised Penal Code took
effect?

A

January 1, 1932

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2
Q

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.

A

Unlawful Arrest

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3
Q

When was the effectivity of the old
penal code in the Philippines?

A

January 14, 1887

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4
Q

What is the duration of imprisonment
for light felonies?

A

Arresto Menor

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5
Q

Acts that are made illegal by
criminal statute and are not necessarily inherently
wrong.

A

Mala Prohibita

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6
Q

It is a combination of related elements organized into a complex whole.

A

System

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7
Q

They are primarily focused on
executing information to be filed on the court

A

Prosecutors

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8
Q

It is issued for the apprehension of
a person whose true name is unknown.

A

John Doe Warrant

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9
Q

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?

A

Judge

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10
Q

What do you call to a person who escaped from a penal establishment?

A

Escapee

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11
Q

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

A

36 Hours

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12
Q

Mr. A, an incumbent mayor, detained
Mr. B for 10 days without legal grounds. What is the crime committed by Mr. A?

A

Arbitrary Detention

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13
Q

Based on the previous question, what
will be the duration of imprisonment of Mr. A if he will be proven guilty before the court?

A

Prision Correccional

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14
Q

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?

A

Unlawful Arrest

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15
Q

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?

A

Illegal Detention

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16
Q

It is the application of instruments
and methods of physical science to the detection of crime.

A

Instrumentation

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17
Q

What is the landmark case that
enumerated the rights of a person under investigation for
the commission of an offense?

A

Miranda Vs Arizona

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18
Q

Based on the previous question, who
is the person behind this case?

A

Ernesto Miranda

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19
Q

When was the enactment of Republic Act of 7438?

A

April 27, 1992

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20
Q

This doctrine states that any
evidence illegally obtained shall not be admissible in
inquest proceeding any proceedings.

A

The Doctrine of the Fruit of Poisonous Tree

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21
Q

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.

A

Inquest Proceeding

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22
Q

Who will order the further detention
of the arrested person if he finds reasonable grounds to
the arrest of the latter?

A

Prosecutor

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23
Q

An information is an accusation in
writing charging a person with an offense, where it is
being filed?

A

Court

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24
Q

Who has given the authority to
subscribe an information?

A

Prosecutor

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25
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
26
It is conducted to protect the state from useless and expensive trials and to secure the innocent against oppressive prosecution.
Preliminary Investigation
27
What do you call to the answer of after he learns that respondent complaint/information was filed against him?
Counter Affidavit
28
Such answer shall be submitted for how many days from the receipt of the subpoena?
10 Days
29
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
30
Such process shall be terminated within how many days?
5 Days
31
It is an entity or body in which a portion of judicial power is vested.
Court
32
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
33
A public officer, appointed to preside to and administer the law in a court of justice.
Judge
34
The only power given to a court if it has no jurisdiction over the case.
Dismissal
35
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
36
Under the rule, how many witnesses shall be present in executing search warrant?
Two (2) Witnesses
37
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
38
What type of jurisdiction is given to hear cases in violation of the Revised Penal Code and other special laws?
Criminal Jurisdiction
39
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
40
These are offenses which may be punished with death.
Capital Offense
41
A Complaint is a sworn written statement charging a person with an offense subscribe by whom?
The Complainant
42
Where to file a complaint?
In Court
43
How will the court acquires jurisdiction over the person of the accused?
Upon his Arrest
44
Evidence which is presented by the accused to set him free.
Exculpatory Evidence
45
Whose presence is mandatory during arraignment?
Accused
46
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
47
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
48
Such certification shall be filed by whom?
Complainant
49
How many days were given to appeal or to apply for probation upon the receipt of the court's judgment?
10 Days
50
What do you call to a party against whom the appeal is taken?
Appellee
51
This court primarily holds cases pertaining to family rights, duties, as well as contractual relations of Filipino Muslims in Mindanao.
Shari'a District Court
52
The party who takes an appeal from one court to another.
Appellant
53
What plea shall be entered if the accused refuses to plead?
Plea of Not Guilty
54
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
55
The power and authority to hear and determine only cases specified by law to be within its jurisdiction.
Limited Jurisdiction
56
The power and authority to hear, try and decide cases that may be brought to two or more courts, body, or tribunal.
Concurrent Jurisdiction
57
It is a court in every city which does not form part of a metropolitan area
Municipal Trial Court
58
A court which is comprised of one or more cities and/or municipalities
Municipal Circuit Trial Court
59
This court holds territorial jurisdiction over cities and municipalities comprising the metropolitan area
Metropolitan Trial Court
60
The power and authority to decide all cases which may come before it except those assigned to other courts, bodies, or tribunal.
General Jurisdiction