2/22/2021 Remedial Law Review Prelims Part 1: REM LAW REV 2 | JD 4B | REMEDIAL LAW REVIEW 2
Remedial Law Review Prelims Part 1
Due No due date Points 50 Questions 50
Available Feb 20 at 2pm - Feb 22 at 10:59pm 2 days Time Limit 60 Minutes
Attempt History
Attempt Time Score
LATEST Attempt 1 18 minutes 46 out of 50
Correct answers will be available on Feb 23 at 12am.
Score for this quiz: 46 out of 50
Submitted Feb 22 at 12:36pm
This attempt took 18 minutes.
Question 1 1 / 1 pts
Republic Act 11362 or the Community Service Act (CSA) allows courts,
in the exercise of their discretion, to require community service and
rehabilitative counselling in lieu of jail time were the penalties imposed
are arresto mayor (imprisonment from one (1) month and one (1) day
to six (6) months) and arresto menor (imprisonment from one (1) to
thirty (30) days).
True
False
Question 2 1 / 1 pts
Pedro was convicted of frustrated homicide which is non-
probationable. He appealed his conviction, pointing out that the
evidence on record did not prove his guilt beyond reasonable doubt.
The appellate court modified the judgment and convicted him of
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2/22/2021 Remedial Law Review Prelims Part 1: REM LAW REV 2 | JD 4B | REMEDIAL LAW REVIEW 2
attempted homicide instead. Since this is already probationable, Pedro
may apply for probation.
True
False
Question 3 1 / 1 pts
The accused charged with estafa may file a counterclaim for moral and
exemplary damages plus attorney's fees and litigation expenses
against the private complainant in the same criminal action.
True
False
Question 4 1 / 1 pts
A court may grant bail to the accused even if he has not yet been
arrested or has not surrendered.
True
False
Question 5 1 / 1 pts
A court may grant the motion of an accused for the dismissal of the
case even if the accused has not yet been arrested or has not
surrendered.
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True
False
Question 6 1 / 1 pts
Since pre-trial is mandatory in criminal cases, the failure of the private
complainant to appear thereat is a ground for the dismissal of the
action.
True
False
Question 7 1 / 1 pts
A private complainant may question the quashal of a search warrant
even without the conformity of the prosecutor.
True
False
Question 8 1 / 1 pts
A court may issue a search warrant for an offense which is outside its
jurisdiction.
True
False
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Question 9 1 / 1 pts
In determining whether an offense is bailable, the penalty to be
considered shall be that determined after appreciating the aggravating
or mitigating circumstances alleged in the Information.
True
False
Question 10 1 / 1 pts
The filing with the Office of the City Prosecutor in Baguio City of the
Complaint for a violation of a city ordinance not governed by the Rule
on Summary Procedure interrupts the period of prescription of the
offense.
True
False
Question 11 1 / 1 pts
The doctrine of primary jurisdiction is applicable in criminal cases.
True
False
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2/22/2021 Remedial Law Review Prelims Part 1: REM LAW REV 2 | JD 4B | REMEDIAL LAW REVIEW 2
Question 12 1 / 1 pts
A wife may file in Baguio City a case for psychological violence under
R.A. No. 9262, committed through marital infidelity, against her
husband who began cohabiting with his boyfriend in Dubai.
True
False
Question 13 1 / 1 pts
After arraignment, a substantial amendment may still be made on the
Information if it would be beneficial to the accused.
True
False
Incorrect Question 14 0 / 1 pts
If the motion to quash is based on an alleged defect of the complaint
or information which can be cured by amendment, the court may either
grant the motion or order that the Information be amended.
True
False
Question 15 1 / 1 pts
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2/22/2021 Remedial Law Review Prelims Part 1: REM LAW REV 2 | JD 4B | REMEDIAL LAW REVIEW 2
An amendment that excludes an accused may be done without leave of
court if done before plea.
True
False
Question 16 1 / 1 pts
An amendment of the Information that downgrades the nature of the
offense done before plea must be with notice to the private
complainant.
True
False
Question 17 1 / 1 pts
A complaint or information is sufficient if its states the names of the
accused and the offended party, the designation of the offense given by
the statute, the acts or omissions complained of as constituting the
offense, the approximate date of the commission of the offense and the
place where the offense was committed.
True
False
Question 18 1 / 1 pts
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2/22/2021 Remedial Law Review Prelims Part 1: REM LAW REV 2 | JD 4B | REMEDIAL LAW REVIEW 2
A search warrant may be quashed at the court trying the case involving
the items seized even if it was not the one which issued it.
True
False
Question 19 1 / 1 pts
All criminal cases within the competence of the Metropolitan Trial
Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal
Circuit Trial Court are bailable as matter of right.
True
False
Question 20 1 / 1 pts
The State may initiate a criminal action for seduction, abduction, or acts
of lasciviousness.
True
False
Question 21 1 / 1 pts
All criminal actions commenced by a complaint or information shall be
prosecuted under the direction and control of the prosecutor.
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2/22/2021 Remedial Law Review Prelims Part 1: REM LAW REV 2 | JD 4B | REMEDIAL LAW REVIEW 2
True
False
Question 22 1 / 1 pts
A person under preliminary investigation does not have the right to
confront the witnesses presented against him.
True
False
Question 23 1 / 1 pts
Double jeopardy does not attach if the trial court acted with grave
abuse of discretion and denied the prosecution the opportunity to
present its case.
True
False
Question 24 1 / 1 pts
In a search of a moving vehicle as a valid warrantless search, what is
to be searched is the vehicle and not a particular passenger.
True
False
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2/22/2021 Remedial Law Review Prelims Part 1: REM LAW REV 2 | JD 4B | REMEDIAL LAW REVIEW 2
Question 25 1 / 1 pts
A Metropolitan Trial Court has jurisdiction over an offense which carries
a penalty of imprisonment of not exceeding six years.
True
False
Question 26 1 / 1 pts
When implementing a search warrant for equipment used in the
fabrication of fake government identification cards and documents, an
officer may seize a diploma not stated in the warrant for as long as it
was within his plain view.
True
False
Question 27 1 / 1 pts
When the accused fails to appear during the promulgation of judgment,
his bail shall be cancelled.
True
False
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2/22/2021 Remedial Law Review Prelims Part 1: REM LAW REV 2 | JD 4B | REMEDIAL LAW REVIEW 2
Question 28 1 / 1 pts
When the case is terminated with the acquittal of the accused, the bail
may already be forfeited.
True
False
Question 29 1 / 1 pts
Once an inquest has been conducted, a preliminary investigation shall
no longer be conducted.
True
False
Question 30 1 / 1 pts
The institution of a criminal action refers to the commencement of the
action.
True
False
Question 31 1 / 1 pts
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2/22/2021 Remedial Law Review Prelims Part 1: REM LAW REV 2 | JD 4B | REMEDIAL LAW REVIEW 2
Territorial jurisdiction refers to the jurisdiction that a court has over its
territory.
True
False
Incorrect
Question 32 0 / 1 pts
Bail shall no longer be granted to a person who has once jumped bail.
True
False
Question 33 1 / 1 pts
The settlement of the civil aspect of a criminal case is ground for its
dismissal.
True
False
Incorrect
Question 34 0 / 1 pts
A person convicted of a capital offense may opt not to appeal the
judgment against him.
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2/22/2021 Remedial Law Review Prelims Part 1: REM LAW REV 2 | JD 4B | REMEDIAL LAW REVIEW 2
True
False
Question 35 1 / 1 pts
The denial of a motion to quash the Information filed on the ground of
lack of jurisdiction over the offense may be assailed through a petition
for certiorari.
True
False
Question 36 1 / 1 pts
When allegations in an Information are vague or indefinite, the remedy
of the accused is not a motion to quash, but a motion for a bill of
particulars.
True
False
Question 37 1 / 1 pts
Under the Doctrine of Finality of Acquittal, a judgment acquitting the
accused is not subject to an appeal.
True
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2/22/2021 Remedial Law Review Prelims Part 1: REM LAW REV 2 | JD 4B | REMEDIAL LAW REVIEW 2
False
Question 38 1 / 1 pts
The issuance of a warrant of arrest shall be suspended for a period not
longer than 60 days if a petition for review is filed with the Department
of Justice.
True
False
Question 39 1 / 1 pts
A provisional dismissal without the consent of the accused is not valid.
True
False
Question 40 1 / 1 pts
The court may deny any defense counsel or prosecutor the right to
practice before the court trying the case for a period not exceeding
thirty (30) days if he gives a false reason for continuance.
True
False
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2/22/2021 Remedial Law Review Prelims Part 1: REM LAW REV 2 | JD 4B | REMEDIAL LAW REVIEW 2
Question 41 1 / 1 pts
There is no need for a prior reservation of the right to institute, against
the accused, a separate civil action under Articles 32, 33, 34, and
2176 of the Civil Code.
True
False
Incorrect Question 42 0 / 1 pts
If the bigamy case was initiated by a person other than the wife, the
wife may still intervene in the criminal case for the enforcement of the
civil liability of the husband.
True
False
Question 43 1 / 1 pts
Any remedial measure, including a reinvestigation, must be addressed
to the sound discretion of the court once the Information is filed.
True
False
Question 44 1 / 1 pts
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2/22/2021 Remedial Law Review Prelims Part 1: REM LAW REV 2 | JD 4B | REMEDIAL LAW REVIEW 2
An offense charged necessarily includes the offense proved when the
essential ingredients of the former constitute or form a part of those
constituting the latter.
True
False
Question 45 1 / 1 pts
When it becomes manifest at any time before judgment that a mistake
has been made in charging the proper offense and the accused cannot
be convicted of the offense charged or any other offense necessarily
included therein, the accused shall be released from detention if he is
not being detained for other lawful causes.
True
False
Question 46 1 / 1 pts
The appeal of the offended party from the civil aspect shall not affect
the criminal aspect of the judgment or order appealed from.
True
False
Question 47 1 / 1 pts
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2/22/2021 Remedial Law Review Prelims Part 1: REM LAW REV 2 | JD 4B | REMEDIAL LAW REVIEW 2
If the affidavit of the applicant for a search warrant asserts that the
property is on the person or in the place ordered to be searched, the
warrant may be served at any time of the day or night.
True
False
Question 48 1 / 1 pts
If the conviction is for a light offense, the promulgation shall proceed
even in the absence of the accused and the judgment may be
pronounced in the presence of his counsel or representative.
True
False
Question 49 1 / 1 pts
The discharge of an accused so that he will become a State witness
shall amount to his acquittal even if the prosecutor would decide later
not to present him.
True
False
Question 50 1 / 1 pts
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If the Accused was arraigned without filing a motion to quash the
information on the ground of his unlawful arrest, he can no longer raise
the same issue during the trial.
True
False
Quiz Score: 46 out of 50
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