問題一覧
1
it focuses on the method prescribed by law for the apprehension and prosecution of the person accused of any criminal pffense, and for their punishment, in case of conviction
criminal procedure
2
it is when teh detection , and prosecution of the person are not left to tye initiative of the private offended party, but to the officials and agent of the law
inquisitorial systems
3
it is when the detection, and prosecution of the person is left to the initiative of the private offended party
accusitorial system
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it is the detection, and prosecution of the person are both left to the initiative of a private offended party, and to the officials and agents of the law, the philippines adheres to this system
mixed system
5
it is the power to hear and try the case, and impose punishment
jurisdiction
6
it is the power to hear, determine, and decide the case based on the nature as determined by laws
jurisdiction over the subject matter
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it is the power to hear, determine and decide the case when the person is brought to the court either by virtue pf arrest or by virtue of voluntarily submission
jurisdiction over the person of the accused
8
it is the power to hear, determine and decide the case based on the impossible penalty
jurisdiction over the offense
9
it is the power to hear, determine and decide the case when the personis brought to court either by virtue pf arrest or by virtue pf voluntarily submission
jurisdiction over the person pf the accused
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complaint files in any form or manner against the pfficers or employees of the government, on what jurisdiction?
jurisdiction of ombudsman
11
exercise exclusive jurisdictions in all cases involving, RA 3019 also known as “Anti-Graft and corrupt practices
jurisdiction of sandiganbayan
12
where to elevate the cases decided by the sandiganbayan?
Supreme Court
13
who must prosecute criminal action?
public prosecutor
14
a complaint or information must charge only one offense, except when the law prescribe a single punishment for various offense
Duplicity of the offense
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is the taking of a person into custody in order that he may bound to answer for the commission of an offense
arrest
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is the security given for the release of the perosn in the custody of the law, furnished by hjm or a bondmans, to guarantee hus appearance to the court
bail
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I it is the adjudication of the court taht the accused is guilty or not guilty of the offense charge against him
judgement
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error of law or facts in the judgment
reconsideration
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where to appeal, cases decide by the MTC?
RTC
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where to appeal cases decide by the RTC?
court of appeal
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where to appeal cases decied by the Court of Appeal?
Supreme court
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presides the proceedings, make clarifification during examination of witness, if deemed necessary
judge
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serves as the administrative officer of the court
clerck of court
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acts as translator of the court
interpreter
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records the exchange of words during court proceedings
stenographers
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represent the government and the people of the philippines
public prosecutor
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represent the accused
public defender
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represent the paying client and sometimes acts as counsel de officio if appointed by the court
private counsel
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testifies about facts relevant to the case based on personal knowledge
witness
30
kind of contempt, that disrespect towards the court, offensive personalities towards others
direct
31
kind of contempt that, failure to obey a subpoena dult serve
indirect
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is the means, saction by these rules, pf ascertaining in a judicial proceeding the turth respecting a matter of fact
evidence
33
it is relevant to the issue and is not excluded by the constitution, the law or theses rules
admissibility of evidence
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an admission, oral or written, made by tge party in the course of the proceedings in the same case, does not require proof, the admission may be contradicted only by showing that it was made through a palpable mistake
judicial admissions
35
declaration of dying person, made under the consciousness of an impending death
dying declaration
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is the duty of party to lresent evidencs on the facts in issue necessary to establish his or her claim or defense
burden of proof
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duty of a party to present evidence sufficient to establish or rehut a fact un issue to eatablis a prima facie case
burden of evidence
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the example of this evidence is DNA, means it cannot be contradicted
conclusive presumption
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it may contradict hy showing other evidence
disputable presumption
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in criminal case, the accused is entitled to an acquittal, unless his guilt is hown _____
beyong reasonable ground
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confession made by an accused outside the court, shall not be sufficient ground for conviction
extrajudicial cofession
42
is a lawyer appointed by the court, from among such members of the bar in good standing who by reason of their experience and ability may adequately defend the accused in a criminal case.
counsel de officio
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is a lawyer engaged or hired personally by a party/accused to defend him in a criminal case or represent him in court.
counsel de parte
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it is an answer of the accused during arraignment
plea
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the refusal of the accused to make a plea whether guilty or not guilty. Court cannot compel him. He has the right to remain silent.
negative indirect plea
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if accused entered a plea of guilty but later on presents exculpatory evidence.
Reverted plea
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A kind of plea which the accused made but which he did not intend to enter such as when it was merely induced upon him by intimidation or against his will.
Improvident plea
48
it is an agreement between the prosecutor and the defendant to plead guilty to a lesser offenses.
plea bargaining
49
what motion whould tou waived if the lack of jurisdiction over the offense charged against you?
motion to quash
50
after plea of not guilty, how many days does the accused must at least have in order to prepare for trial?
15 days
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is the examination before the competent tribunal of the facts put in issue for the purpose of determining such issue
trial
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any evidence obtained through unreasonable search and seizure shall be inadmissible for any purposes in any proceeding
exclusionary rule
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a doctrine which allow evidence obtained by the police in an illegal search and seizure as admissable in court
silver platter
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it is the basis in promulgating a decision
proof
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evidence that directly comes out in the mouth of the witness, it could be oral or written
testimonial evidence
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it is an evidence that is tangible things exhibited in the court
object evidence
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evidence that tend to proved any matter provabke in action, logical relation. evidence that has a connection to the issue or to prove that there is an issue
relevant evidence
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evidence directed to prove an issue
material evidence
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evidence does not excluded by rules, statute or constitution
competent evidence
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prove the facts without the aif of any enference and presumption
direct evidence
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evidence of the same kind and to the same state of fact two kinds of documents as a evidence
cumulative evidence
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X didn’t saw that Y killed Z, but X saw that Y running out from the crime scene, what kind of evidence is this?
circumstancial evidence
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it is a addional evidence, One is documents while the other one is testimonial evidence
Corroborative evidence
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it is a evidence that permitted only when the best evidence is not available
secondary evidence
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when a witness affirms that facts Did or Did not occur example ( naa ko ddito sa sir 100 % sure ko nga si X ang ni patay kang Z)
positive evidence
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when the witness state he did not see ot know of the occurrence of a facts
negative evidence
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evidence that will excused a person form a alleged or crime
exculpatory evidence
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it is an evidence that will incriminate an person
incupatory evidence
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on who because of his relation to the cause or to the parties is such that he has an incentive to exaggerate or give false color to his statements, or to suppress or pervert the truth, or to state what is false.
Biased witness
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one who is not legally disqualified from testifying in courts of justice, by reason of mental incapacity, interests or the commission of crimes, or other cause rendering him excluded from testifying.
competent witness
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a witness who professes to remember things upon which he cannot be readily be contradicted and who declares that he forgets those upon which he would be open to contradiction. He usually takes refuge behind the shelter afforded by the phrase "I don't remember".
Dishonest witness
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witness who attests to the execution of a will or testament and affirms the formalities attendant to said execution.
instrumental witness
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one whose testimony is worth of credit and belief. One who is not disqualified to testify by mental incapacity, crime or other causes
Credible witness
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One who has all the qualifications to testify. Thus, he can perceive and can make known his perception to others regardless of political or religious belief or interest and conviction of a crime.
competent witness
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statement of facts which does not involve an acknowledgment of guilt or liability
Admission
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The declaration of an accused expressly acknowledging his guilt of the offense charged
confession
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parents cannot be compelled to testify against his descendant
parental privilege
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witness cannot be compelled to testify against his parents or other direct descendant
filial privilege
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It is a document which is more than 30 years old found in the proper custody and unblemished by any alteration or circumstance of suspicion.
Ancient Document rule
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written testimony of a witness in the course of judicial proceedings in advance of a trial or hearing upon oral examination
Deposition
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what is corpus delicti?
means that the crime has been committed
82
at the side of corner of the judge is where the jury observed the proceedings
jury box
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the portion whre the public sits and watch the court proceedings
Gallery
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what do you call a practices , that the accused does not wish to avail himself a lawyer either counsel de officio or counsel de parte, only relied on himself to defend himself in court
Pro Se practice