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WorksheetsGroup 3
Total questions: 50
Worksheet time: 32mins
Who may appeal
a. Any party may appeal from a judgement or final order, unless the accused is placed in double jeopardy.
b. Only the offended party may appeal.
c. Only the offender may appeal.
Which is true.
The following are considered as provisional remedies.
a. Preliminary attachment
b. Preliminary injunction
c. Replevin
d. Support pendente lite
e. All of the above
True or False: A search warrant shall be valid indefinitely.
a. True
b. False
C. Neither true or false.
Identify the true statement.
a. Arrest covers a wide spectrum of matters on then search of both persons and places and the seizure of things found therein.
b. It is the seizure which covers a wide spectrum of matters on the search of both persons and places, and the seizure of things found therein.
Who should personally examine the complaint and record?
a. It is the judge who should personally examine the complaint and record before issuing the warrant, in the form of searching questions and answers, in writing and under oath.
b. It is the prosecutor who should personally examine the complaint and record before issuing the warrant, in the form of searching questions and answers, in writing and under oath.
Identify the true statement.
a. Being armed with a warrant automatically justifies the entry or barging into place to be searched.
b. Being armed with a warrant; an officer should still knock and introduce himself and announce himself. The only exception is in situations where there is danger especially when evidence may be foregone.
Identify the true statement.
a. An appeal is not a natural right not part of due process but merely a statutory privilege and may be exercised only in the manner and in accordance with the provisions of law.
Once it is granted by law, its suppression would be a violation of due process.
b. An appeal is a natural right and part of our statutory right and due process.
An accused may appeal from a judgment of conviction.
a. No, an accused can no longer appeal from a judgment of conviction.
b. Yes, but when he appeals his conviction, he waives the prosecution on prohibition against double jeopardy and runs the risk of being sentenced to a penalty higher than that imposed by court.
What should be the action of the Supreme Court en banc if they are equally divided in opinion to whether or not acquit the accused?
a. Acquit the accused.
b. Convict the accused.
c. Re-deliberation
d. Dismiss the case.
A case may reach the Supreme Court in the following manner, except:
a. Automatic review
b. Ordinary appeal
c. Petition for review on certiorari
d. Motion for New Trial
A petition for review on certiorari in the Supreme Court can only be made by raising errors of _____.
a. Errors of procedures
b. Errors of law
c. Errors of jurisdiction
d. Errors of judgment
Which of the following is not a kind of provisional remedies?
a. Injunction
b. Receivership
c. Attachment
d. Restraining Order
The one who can represent the People in criminal proceedings pending in the Court of Appeals or the Supreme Court
a. Public Prosecutor
b. Sec. of Department of Justice
c. Solicitor General
d. Chief of Prosecution Service
The following are modes of appeal, except:
a. Petition for relief
b. Ordinary appeal
c. Petition for review
d. Petition for certiorari
Who may appeal the civil aspect of a judgement?
a. The offended party
b. The accused
c. The prosecutor
d. Both a & b
Who may appeal?
a. Any party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy.
b. No party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy.
c. The accused may appeal from a judgment or final order, because the accused will be placed in double jeopardy.
d. The accused may appeal because he will be placed in double jeopardy.
What is the scope of judgment of the court of appeals?
a. The Court of Appeals may not reverse, affirm, or modify the judgment and increase or reduce the penalty imposed by the trial court, remand the case to the Regional Trial Court for new trial or retrial, or dismiss the case.
b. The Court of Appeals may reverse, affirm, or but not modify the judgment and increase or reduce the penalty imposed by the trial court, remand the case to the Regional Trial Court for new trial or retrial, or dismiss the case.
c. The Court of Appeals may reverse, affirm, or modify the judgment and increase or reduce the penalty imposed by the trial court, remand the case to the Regional Trial Court for new trial or retrial, or dismiss the case.
d. The Court of Appeals may not reverse, affirm, but can modify the judgment and increase or reduce the penalty imposed by the trial court, remand the case to the Regional Trial Court for new trial or retrial, or dismiss the case.
It 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.
a. Motion for New Trial
b. Complaint
c. Judgment
d. Search Warrant
What is the rule on the search incident to lawful arrest?
a. A person lawfully arrested may be searched for dangerous weapons only which may have been used or constitute proof in the commission of an offense without a search warrant.
b. A person unlawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant.
c. A person lawfully arrested may not be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant.
d. No 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 a search warrant.
Which of these statements about the rule on availability of provisional remedies true?
a. The provisional remedies in civil actions, insofar as they are applicable, may be availed of in connection with the civil action deemed instituted with the criminal action.
b. The provisional remedies in civil actions, insofar as they are applicable, may not be availed of in connection with the civil action deemed instituted with the criminal action.
c. both statements are true
d. both statements are false
True or False.
When the Supreme Court en banc is equally divided in opinion, or the necessary majority cannot be had on whether to acquit the appellant, the case shall again be deliberated upon and if no decision is reached after re-deliberation, the judgment of conviction of the lower court shall be reversed and the accused acquitted.
a. True
b. False
c. Neither True or False
The court held in this case: "An appeal is a proceeding undertaken to have a decision reconsidered by bringing it to a higher court authority. The right to appeal is neither a natural right nor is it a component of due process. It is a mere statutory privilege, and may be exercised only in the manner and in accordance with the provisions of law."
a. Macapagal vs. People
b. Dungo vs. People
c. Miclat vs. People
d. Esquillo vs. People
The length of the validity of a search warrant from its date.
a. 30 Days
b. 15 Days
c. 10 Days
d. 60 Days
For offense falling under the jurisdiction of Municipal Trial Courts and MCTC, prosecution is instituted
a. By filling a complaint with the Regional Trial Court
b. by filling a complaint directly with the court
c. by filling a complaint with the Chief of Police in the municipality
d. by filling a complaint with the fiscal for preliminary investigation
Essential Requirements during the valid search and seizure in relation to RA 9165.
a. Receipt for the property seized.
b. Three witness rule
c. Body Worn Camera under AM 21-06-08 SC
d. All of the above
refers to such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to be searched.
a. Personal knowledge
b. Preponderance of Evidence
c. Quantum of Proof
d. Probable Cause
What are the instances when a search may be made without a warrant?
a. when a policeman is chasing a criminal and during the said chase, the policeman stumbled upon a drug den where drugs and paraphernalia were scattered around.
b. When there is a valid waiver of the right
c. Search of moving vehicles known to be involved in a crime.
d. All of the above
Rule 124, Section 8, paragraph 2 of the same Rules allows the Court of Appeals, upon motion of the appellee or motu proprio, to dismiss the appeal of the accused-appellant who eludes the jurisdiction of the courts over his person. The Court of Appeals may also, upon motion of the appellee or motu proprio, dismiss the appeal if the appellant escapes from prison or confinement, jumps bail or flees to a foreign country during the pendency of the appeal.
a. Esquillo vs. People
b. Tiu vs. CA
c. Villareal vs. People
d. People vs. Taruc
The following are the requisites for the issuance of a search warrant, except:
a. It must be issued alongside probable cause
b. The probable cause must be determined personally by the judge
c. Particularly describing the place to be searched
d. Particularly describing the person to be seized
In the case of _______, involving a violation of Dangerous Drugs Law, the application may be filed by the NBI in Manila, and the warrant may be served outside of Manila pursuant. Also, nothing prohibits the head of the NBI and of other law enforcement agencies mentioned from delegating their ministerial duty of endorsing the application to their assistant heads.
a. Marimla vs. People
b. People vs. Punzalan
c. Miclat vs. People
d. People vs. Mariacos
Should the address in the search warrant match the actual place to be searched?
a. YES
b. NO
Upon conviction: The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or orders of the regional trial courts whether in the exercise of their own original jurisdiction or of their appellate jurisdiction as herein provided.
There is nothing in said paragraph which can conceivably justify the filing of its appeal before the Court of Appeals instead of the Sandiganbayan.
a. People vs. Taruc
b. Macapagal vs. People
c. Balaba vs. People
d. Tiu vs. People
Explain a John Doe warrant
(a)
In every court, there shall be a log under the custody of the Clerk of Court wherein shall be entered within 24 hours after the issuance of the search warrant, the following EXCEPT
a. Date and number of the warrant
b. Name of the issuing judge
c. Name of the person against whom the warrant is issued
d. Name of the counsel of the accused with personal details of the accused.
In this case; the present rule is that an appeal taken by one or more several accused shall not affect those who did not appeal, except insofar as the judgment of the appellate court is favorable and applicable to the latter. Our pronouncements here with respect to the insufficiency of the prosecution evidence to convict appellants beyond reasonable doubt are definitely favorable and applicable to accused. He should not therefore be treated as the odd man out and should benefit from the acquittal of his co-accused. In fact, under similar conditions and on the same ratiocination, Section 11(a), Rule 122 of the Rules of Court has justified the extension of our judgment of acquittal to the co-accused who failed to appeal from the judgment of the trial court which we subsequently reversed.
a. Manansala vs. People
b. Colinares vs. People
c. People vs. Olivo
d. People vs. Morales
Upon conviction: The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or orders of the regional trial courts whether in the exercise of their own original jurisdiction or of their appellate jurisdiction as herein provided.
There is nothing in said paragraph which can conceivably justify the filing of its appeal before the Court of Appeals instead of the Sandiganbayan.
a. People vs. Taruc
b. Macapagal vs. People
c. Balaba vs. People
d. Tiu vs. People
An informant tipped the PNP Narcotic Division about a shabu laboratory operating in a Condo unit in Serendra BGC, Taguig. Rentedv by a Korean national, Lee Bag. P03 Batak wants to apply for a search warrant, but he is worried that if he applies for a search warrant in any Taguig court, their plan might leak out.
Where can he file an application for search warrant?
(a)
Notice of appeal should be served upon the adverse party or his counsel by personal service. If this type of service cannot be made the notice of appeal may be served through?
(a)
If an appeal has been perfected from the Municipal Trial Court to the Regional Trial Court, the appeal may still be withdrawn when so allowed by the Municipal Trial Court, EXCEPT?
(a)
An appeal taken by one or more of several accused shall not affect those who did not appeal, except?
(a)
If a criminal action has already been instituted, A motion to quash a search warrant and/or to suppress evidence obtained thereby may be filed in and acted upon only by?
(a)
Choose the best answer. A was killed by B during a quarrel over a hostess in a nightclub. Two days after the incident, and upon complaint of the widow of A, the police arrested B without a warrant of arrest and searched his house without a search warrant. Can the gun used by B in shooting A, which was seized during the search of the house of B, be admitted in evidence?
Yes. The gun seized during the search of the house of B is admissible in evidence
Yes. the search was an incident to a lawful arrest of a person
No. The gun seized during the search of the house of B without a search warrant is not admissible in evidence
No. the search was not an incident to a lawful arrest of a person under Rule 122
The search warrant authorized the seizure of "undetermined quantity of shabu." During the service of the search warrant, the raiding team also recovered a kilo of dried marijuana leaves wrapped in newsprint. The accused moved to suppress the marijuana leaves as evidence since they were not covered by the search warrant. The State justified the seizure of the marijuana leaves under the "plain view" doctrine. There was no indication of whether the marijuana leaves were discovered and seized before or after the seizure of the shabu. If you are the judge, how would you rule on the motion to suppress?
(a)
Choose the best answer.
In a buy-bust operation, the police operatives arrested the accused and seized from him a sachet of shabu and an unlicensed firearm. The accused was charged in two Informations, one for violation of the “Dangerous Drug Act”, as amended, and another for illegal possession of firearms. The accused filed an action for recovery of the firearm in another court against the police officers. He alleged in his complaint that he was a military informer who had been issued a written authority to carry said firearm. Was the seizure of the firearm valid?
Yes. Under Rule 122, In such operation, a search warrant not was necessary.
No. In such operation, a search warrant was necessary.
Yes. The seizure of the firearm was valid because it was seized in the course of a valid arrest in a buy-bust operation
No. He was a military informer who had been issued a written authority to carry said firearm.
What are the remedies of the accused from an unlawful search and/or seizure?
(a)
How is an appeal from the MTC to the RTC taken?
Automatic review to SC
Petition for Review under Rule 42
Petition for Review on Certiorari under Rule 45
Notice of Appeal under Rule 40
These are instances where there could be a search without warrant; EXCEPT
a. In times of war within the area of military;
b. Stop and frisk measures
c. As an incident of unlawful arrest
d. Checkpoints under extraordinary circumstances.
When appeal must be filed?
(a)
Rule 122, Sec 1.
(a)
3 Kinds of property to be seized by virtue of warrant?
(a)
