Take the Remedial Law Review MCQs – Set 2 Quiz.
Remedial Law Review - Set 2 [25 items]
Question 1 |
A | law |
B | complaint of offended party |
C | the judge hearing the case |
D | information filed by the Prosecuting Officer |
Question 2 |
[RLR0206] Can a prosecutor conducting a preliminary investigation require the parties to submit a draft Resolutions for their respective positions (that is, for the complaint, a Resolution dismissing the complaint for lack of probable cause) either of which he will just adopt, depending on his evaluation of the case?
A | No, because the prosecutor should personally determine whether there is probable cause to try the accused. |
B | No, as this will allow the parties to exert undue influence on the prosecutor. |
C | Yes, nothing in the Revised Rules of Criminal Procedure prohibits such a procedure. |
D | Yes, as this will result in the prompt resolution of preliminary investigations. |
Question 3 |
A | Statutory right |
B | Natural Right |
C | Constitutional Right |
D | Absolute right |
Question 4 |
A | made by a private person. |
B | the detention is pursuant to a warrant of arrest. |
C | made by a public officer. |
D | The return is never a prima facie evidence. |
Question 5 |
A | Where the lower court had no jurisdiction to impose the sentence. |
B | Where there has been deprivation of a constitutional right resulting in the resistant of a person |
C | Where an excessive penalty has been imposed, as such sentence is void as to such excess. |
D | Where the petitioner has been unable to establish by the evidence to be entitled to the custody of the minor on account of mistaken identity. |
Question 6 |
[RLR0221] Z was charged with robbery with rape. He took the stand on his own behalf and testified on the alleged robbery. On what matters may the prosecution cross examine the accused?
A | All choices |
B | Matters involving the alleged rape. |
C | Matters involving Z and other relevant matters. |
D | Only matters touched upon by Z in his direct testimony. |
Question 7 |
[RLR0202] As a rule a private person making an arrest should notify the person arrested of his purpose and acquaint him with the cause of the arrest, however this rule accepts certain exceptions. Which of the following are those exceptions?
A | All choices |
B | When the giving of the information will imperil the arrest; |
C | When the giving of such information is largely impracticable, as when he forcibly resists before the person making the arrest has the opportunity so to inform him; |
D | Where the arrest is made at the time the offense is committed for attempted or on fresh pursuit; |
Question 8 |
A | When the final order considers and determines the rights of the parties as those rights which presently exist, upon matters submitted in an action or proceeding. |
B | When the final order was signed by the judge personally and filed with the clerk of court but does not state the reason or basis thereof. |
C | When the final order has been writing, personally or directly prepared by the judge. |
D | When the final orders states clearly and distinctly the facts and the law on which it is based, signed by the judge and filed with the clerk of court. |
Question 9 |
A | The Supreme Court or any member thereof |
B | The court of appeals or any member thereof |
C | Any Regional Trial court judge |
D | The court of tax appeals or any members thereof |
Question 10 |
A | The testimony of a police inspector that he was told by others that there were several gambling houses in a town among them the defendants. |
B | An affidavit of a witness to the execution of a document who was not presented as a witness in the trial. |
C | The testimony of the owner of a building founded on the record prepared according to the verbal statements of his employees. |
D | The testimony of a complainant regarding text messages he received from a respondent. |
Question 11 |
A | A motion for bill of particulars |
B | A motion for judgment on the pleadings. |
C | Demurrer to evidence |
D | A motion for summary judgment |
Question 12 |
A | in the judicial region to which the RTC that issued it pertains. |
B | the place where the person is actually detained. |
C | none of the choices |
D | the territorial jurisdiction of the RTC that issued it. |
Question 13 |
[RLR0205] Which court/s has/have jurisdiction over a case for violation of Section 3(e) of Republic Act No. 3019 (Anti Graft and Corrupt Practices Act) where the defendants are a city mayor (salary grade 27), the city tourism operations officer (salary grade 11) and a computer operator (salary grade 9)?
A | The Sandiganbayan for the city mayor (salary grade 27) and the proper Regional Trial Court for the city tourism operations officer (salary grade 11) and computer operator (salary grade 9). |
B | The proper Regional Trial Court since two of the respondents are officials with salary grade 27. |
C | The Sandiganbayan of the proper Regional Trial Court, depending on which court first acquires jurisdiction over the case. |
D | The Sandiganbayan since one of the respondents is an official with salary grade 27. |
Question 14 |
[RLR0204] It is one of the modes of discovery in criminal cases especially given to the accused, the purpose of which is to prevent surprise, suppression, or alteration of any written statements given by the complainant and the other witnesses in any investigation of the offense conducted by the prosecution or any other investigating officers:
A | Suspension of arraignment |
B | Appointment of counsel de officio |
C | Presentation of bills of particular |
D | Production or inspection of evidence in the possession of the prosecution |
Question 15 |
A | the place where his birth was registered. |
B | his residence. |
C | the place where he was baptized. |
D | the place of birth of the petitioner. |
Question 16 |
A | to any person designated by the court. |
B | none of the choices |
C | to the said private person. |
D | to an officer of the law. |
Question 17 |
A | in the court of the place where the plaintiff resides. |
B | in the court of the place where the defendant formerly resided. |
C | in the court of the place of birth of the plaintiff |
D | in the court of the place where the defendant may be found |
Question 18 |
A | three (3) witnesses who declare that they saw the testator sign it |
B | three (3) witnesses who know the handwriting of the testator explicitly declare that the will and the signature thereon are in the handwriting of the testator |
C | one (1) witness who saw the testator write and sign it |
D | two (2) witnesses who saw the signing thereof |
Question 19 |
A | the residence of the guardian. |
B | the place where any of his properties is located. |
C | anywhere in the Philippines. |
D | his residence |
Question 20 |
[RLR0220] The police sought A for questioning in connection with the killing of the deceased. He was seen wearing a bloodstained shirt. During his interrogation, A was not assisted by counsel. He admitted his guilt and showed the knife he used to commit the crime. What piece of evidence is admissible?
A | The bloodstained shirt |
B | His extra-judicial confession |
C | The knife he used to commit the crime |
D | None of the choices |
Question 21 |
[RLR0201] An escaped prisoner, then armed with a bamboo lance, was asked by a policeman to surrender, refused to do so and instead answered the latter with a stroke of his lance, the policeman in pursuing the prisoner fired his revolver and caused the death of the prisoner. Is the act of the policeman on resorting to extreme means justified?
A | The facts are insufficient. |
B | It depends, the reasonableness of the force employed by the arresting officer must be adjudged in the light of the circumstances as they appeared to the officer at the time he acted, and the means is generally considered to that which ordinary prudent and intelligent person with the knowledge would have deemed necessary under the circumstances. |
C | Yes, since an arresting officer is required to act within the performance of his duty, he must stand his ground and cannot, like a private individual, take refuge in fight; his duty requires to overcome his opponent. |
D | No, it was provided under the Rules of Court that no violence or unnecessary force shall be used in making an arrest. Such provision accepts no exception. |
Question 22 |
A | If the motion is granted and the order of dismissal is reversed upon appeal, the movant loses the right to present evidence on his behalf.
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B | In case of reversal, the appellate court shall render judgement for the plaintiff base on the evidence alone. |
C | When the accused filed demurrer to evidence and denies the motion to dismiss, the accused may adduce evidence in his defense and submits the case for judgement on the basis of the evidence of the prosecution.
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D | The defendant does not waive his right to offer evidence in the event his motion is denied. |
Question 23 |
A | Documents acknowledged before a notary public |
B | The written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers. |
C | Public records, kept in the Philippines, of private documents required by law to be entered therein |
D | Last wills and testaments |
Question 24 |
A | In the same case wherein the writ of attachment was issued after trial and before an appeal has been perfected. |
B | Only after the judgment has become final executory |
C | Only in a separate action against the party who secured the writ of attachment. |
D | In the same case wherein the writ of attachment was issued, at any time before the trial, or before an appeal has been perfected or before the judgment becomes executory. |
Question 25 |
A | if it is patently without merit |
B | if it is prosecuted manifestly for delay |
C | if the act of was committed with grave abuse of discretion amounting to lack or excess of jurisdiction |
D | if the questions raised are too insubstantial to require consideration; |
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