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Cri121 Final Exam Reviewer Lol

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PLEASE READ YOUR BOOK!!!

“You can't study the darkness by flooding it with light.”


― Edward Abbey, The Best of Edward Abbey
1. An act or omission punishable or in violation of a criminal law of state.

Answer: Crime

2. Ignorance of the Law excuses no one.

Answer: Ignorantia Legis Non Excusat

3. A system which has the responsibilities of apprehending, trying and punishing law breakers.

Answer: CJS

4. The most popular code during pre-Hispanic era that contains a set of rules and punishments
that was inhumane and/or barbaric, written by Datu Kalantiao.
Answer: Code of Kalantiao
5. Refers to a principle which seeks to obtain reparation of the victim, reconciliation for the
offender, the offended and the community, and reassurance that he/she can be reintegrated
into society.
Answer: Restorative Justice System
6. Refers to the system used by the government to maintain social control, enforce law,
prosecute offenses, and administer justice, sentencing and rehabilitation of offenders.
Answer: CJS
7. Guided the criminal justice in the Philippines.
Answer: 1987 Philippine Constitution (Bill of Rights provisions)
8. Twin goals of criminal justice.
Answer: Justice and Crime Control
9. Involves prevention and going after criminal offenders, through arrest, prosecution, criminal
conviction, and punishment.
Answer: Crime Control
10. Assumes that the victim or their heirs or neighbors can be in some ways restored to a
condition "just as good as" before the criminal incident.
Answer: Restorative Justice
11. The PCJS has 5 pillars, the first 4 pillars constitute the formal part of the CJS, being officially
part of the duly-constituted government, while the fifth is not part of the official government.
This is referring to as_____
Answer: Informal
12. An eye for an eye approach. Assumes that the victim or their heirs or neighbors have the
right to do to the offender what was done to the victim.
Answer: Retributive Justice
13. The resolution of the Provincial or City Prosecutors or Chief State Prosecutor is appealable
to ___
Answer: Secretary of Justice
14. Treats crime nominally as illness and assumes that it can be treated by psychotherapy,
drugs, and other techniques associated with psychiatry and medicine, but in forcible
confinement.
Answer: Psychiatric Imprisonment

It is a rule that every search must be done by virtue of a warrant. All of the following are the
exemption, except:

Answer: Conjugal Search


15. Does not assume that there is any reasonable comparison between the lives of victims nor
offenders before and after the incident.
Answer: Transformative Justice
16. The one considered as the best instrument for information dissemination and the best
source of knowledge from the public.
Answer: Mass Media
17. Argues that the organizations of criminal justice system do, or should, cooperate.
Answer: Consensus Model
18. Which of the following agencies does not have law enforcement functions?
Answer: COMELEC
19. Assumes that the organizations of a criminal justice system do, or should, compete.

Answer: Conflict Model

20. Branch of the government which enforce laws.

Answer: Executive Branch (President/White House)

21. Branch of the government which make laws.


Answer: Legislative Branch (Senate, Congress, & House of the representatives)
22. Branch of the government which interpret laws.
Answer: Judiciary Branch (Supreme Court and Lower Courts)
23. Serves as the front line of the encounter with the criminals or those who threatens the social
order.

Answer: Law Enforcement


24. The warrantless search that may be done if the person to be searched voluntarily waives his
rights against unreasonable.
Answer: Consented Search
25. Symbolize the authority to take action in the name of the state.
Answer: Uniforms and Badges
26. Represent the power and coercive nature of their authority to reinforce their command.
Answer: Weapons
27. Symbolize the detention power of the State.
Answer: Handcuffs
28. It refers to the effort expended by the police in gathering information subsequent to the
initiation of the original report until the case is ready for prosecution.
Answer: Follow-up Investigation True or False.
29. Law enforcement agencies are directly under the Office of the President or Executive
Department.

Answer: True

30. Which PCJS pillar takes care of the investigation of complaints?


Answer: Law Enforcement
31. Are organizations and offices of the government that enforces the laws or assist the
enforcement of the laws as mandated by the law creating them.
Answer: Law Enforcement Agencies
32. The prosecution machinery of PCJS is under the jurisdiction of:
Answer: Department of Justice
33. True or false. The hierarchical structure of the law enforcement pillar is a copycat of the
military context of "chain of command".

Answer: True

34. A special court task to handle criminal cases involving graft and corruption and other
offenses committed by a public officer and employees in connection with the performance of
their functions.
Answer: Sandiganbayan
35. Law creating Philippine National Police.
Answer: RA 6975
36. The privilege of the writ of ___ shall not be suspended except in cases of invasion or
rebellion when public safety requires it.
Answer: Habeas Corpus
37. Is one of the features of police activity within the framework of enforcement policy, where a
team of uniformed personnel is dispatched, either on foot or with motor transport.
Answer: Police Beat or Patrol
38. Under RA 9344, it refers to the principle which seeks to obtain reparation for the victims,
reconciliation of the offender, the offended and the community and reassurance to the
offender the he/she can be reintegrated to the society.
Answer: Restorative Justice
39. Under the model of CJS, it is unfair if two persons commit the same mistake but receive
different penalty because only one is receptive to treatment.
Answer: Due Process Model
40. That team of police officers who rounds the jurisdictional area on foot for crime prevention
and control.
Answer: Foot Patrol
41. In the prevention and control of crimes, the society uses this recognized machinery.
Answer: Criminal Justice System
42. That team of police officer who beat the jurisdictional area on vehicles.
Answer: Mobile Patrol
43. If the investigating prosecutor finds no probable cause to conduct preliminary investigation
based on the complainant's affidavit and documents submitted, what shout the prosecutor
do?
Answer: Dismiss the case
44. The best strategies to crime prevention.
Answer: Modest Approach and Consistent Scientific Evidence
45. The stage wherein the prosecutor evaluates the findings of the law enforcer to determine if
prosecution of the suspect in court is warranted.
Answer: Preliminary Investigation
46. The lupon of each barangay shall have authority to bring together the parties:
Answer: Offenses where there is no private offended party
47. Is one of the concrete responses of the PNP in reinventing the field of investigation.
Answer: Detective Beat System
48. Detective Beat System: Crime Solution---Patrol Beat System: Crime prevention and
control
49. Refers to the process of resolving a dispute or grievance outside of the court system by
presenting it to a third party or panel for decision.
Answer: Arbitration
50. The investigative arm of the Department of Justice. It is the premier investigative service and
research agency of the government.
Answer: NBI
51. RA 7438 requires that the police investigator must observe the following rights of the
arrested person during custodial investigation, except:
Answer: Right to bail and speedy trial
52. Usually handles sensational cases and often called as "Law Enforcement of Last Resort".
Answer: NBI
53. True or False. NBI may conduct parallel investigation and may play only a supporting role to
the PNP.
Answer: True
54. It is the accusation in writing charging a person with an offense and subscribed by the
prosecution and filed in the court of law.
Answer: Information
55. Directly under the supervision of DOJ, its most important function is in the PCJS is to
maintain the rule pf law through the speedy delivery of services particularly in the
investigation and prosecution of all crimes.
Answer: National Prosecution Service
56. An agency of the government which is charged with the indictment of a person alleged to
have violated the penal laws.
Answer: Prosecution
57. Law creating NBI.
Answer: RA 157
58. Was created under the mandates of RA 9165.

Answer: PDEA

59. Otherwise known as the "Comprehensive Dangerous Drug Act of 2002".


Answer: RA 9165
60. A home is considered as a good home for a child if the following is present except:
Answer: He is exposed to criminality
61. It refers to police activity that is intended to avert root causes of crime.
Answer: Crime prevention
62. Principally created to address the worsening drug problem and senseless killing, mostly
drug related, and the tendency to corrupt public officials and the mind of the youth hooked
on drugs.
Answer: PDEA
63. Who present and file the complaint or information of the case against the said accused to
the prosecution's office?
Answer: Law Enforcement
64. Training center of all aspiring PDEA agents and personnel, serves as the Administration
Support Service.
Answer: PDEA Academy
65. Law creating BID.
Answer: Philippine Immigration Act of 1940
66. Amended to control and regulate the entry and stay of aliens to the country. It serves as the
country's gateway to the international community as well as the buffer point in controlling the
entry of unscrupulous aliens in the country.
Answer: BID
67. BID is headed by:
Answer: Commissioner
68. Law supporting BOC
Answer: Executive Order No. 363
69. Is under the auspices of the Department of Finance. It is mandated to implement an
effective revenue collection.
Answer: BOC
70. It is the taking of person into custody in the order that he may be bound to answer for the
commission of an offense.
Answer: Arrest
71. The lawyer in behalf of the state or the government.
Answer: Prosecutor
72. Is an order in writing issued by competent authority directing a peace officer to bring into
custody the person subject of the warrant upon the grounds stated therein?
Answer: Warrant of Arrest
73. Who may issue Warrant of Arrest?
Answer: Judge
74. The only one that has the right to file a case on the court and has the burden of guilt.
Answer: Prosecution
75. True or False. Warrant of arrest may only be issued when there is a case filed in court and
that the judge finds probable cause to issue the said warrant and place the accused under
immediate custody in order not to frustrate the ends of justice.
Answer: True
76. A home is considered as a good home for a child if the following is present except:
Answer: He is exposed to criminality
77. It refers to police activity that is intended to avert root causes of crime.
Answer: Crime prevention?
78. The society's primary instrument for making known what acts are crime and what sanctions
may be applied to those who commit acts defined as crime.
Answer: Law?
79. An agency under the DOJ responsible for the custody, rehabilitation, treatment of person
convicted of committing a crime.
Answer: Corrections
80. True or False. Warrant of arrest may he issued by the court even if no case yet is filed in
court as long as the complaint or information is filed in the Municipal Trial Court for
preliminary investigation purposes.
Answer: True
81. True or False. An arrest is made by an actual restraint of a person to be arrested, or by his
submission to the custody of the person making it.
Answer: True

Remember: No violence or unnecessary force shall be used in making an arrest. The


person arrested shall not be subject to a greater restraint than is necessary for his
detention.

82. One of the offices of the Department of Justice which is primary responsible for the
investigation and prosecution of all cases involving violations of penal laws.
Answer: National Prosecution Service
83. Law creating Miranda Rights.
Answer: RA 7438
84. The National Prosecution Service is under the direct supervision and control of the
____________.
Answer: Secretary of Justice

Note: Warrant of arrest is valid until effected. The 10-day period required by the rule is for
the officer of the law serving the warrant to make a report to the court that issued the
warrant and explain thereof for its non-service.

85. When the person to be arrested has committed, committing or attempting to commit an
offense in the presence of the arresting officer.
Answer: In flagrante delicto (arrest)
86. An offense against the State of the People of the Philippines.

Answer: Crime

87. It is his duty to prosecute the guilty and to protect the innocent.
Answer: Prosecutor
88. An offense has in fact been committed and the arresting officer has personal knowledge of
the facts indicating that the person to be arrested has committed an offense.
Answer: Hot Pursuit (arrest)
89. Is an inquiry or proceeding to determine whether there is sufficient ground to engender a
well-founded belief that a crime has been committed and the respondent is probably guilty
thereof, and should be held for trial.
Answer: Preliminary Investigation
90. True or False. An arrest may be made on any day and at any time of the day or night.
Answer: True
91. Is considered as the last bulwark of democracy as it can declare the act of the legislative
and executive departments illegal if it’s not in accordance with the Constitution and laws.
Answer: Court
92. The person who brings an action in the court of law.
Answer: Plaintiff
93. Is a police warning that must be given to person under custodial investigation accused of
committing a crime before they can be asked for questioning relating to the commission of a
crime.
Answer: Miranda Warning
94. Implies the probability of guilt and requires more than bare suspicion but less than evidence
to justify conviction.
Answer: Probable Cause
95. The main problems and issues common in the prosecution and law enforcement.
Answer: Undermanned and Corruption
96. A person arrested for a crime punishable by a light penalty must be delivered to the proper
judicial authority within how many hours from the time of the arrest?
Answer: 12 hours
97. The power and authority to hear and decide cases to the exclusion of cases.
Answer: Exclusive Jurisdiction
98. Which of the following is the core of CJS?
Answer: DOJ or Court
99. Refers to as the prime movers of the PCJS.
Answer: Law Enforcement
100. Has the bounden duty to prove the culpability of the accused and must prove the
guilt of the accused beyond reasonable doubt.
Answer: Prosecution
101. Is an official public forum which is established by the sovereign to adjudicate
disputes and to administer and dispense justice under law?
Answer: Court
102. An antidote to and a safety net against whimsical, despotic and oppressive exercise
of governmental power.
Answer: Judicial Power
103. The questioning initiated by law enforcement officers after a person has been taken
into custody or otherwise deprived of his freedom of action in a significant way.
Answer: Custodial Investigation

Note: Rights available to a person under custodial investigation:

i. The right to remain silent.


ii. The right to a competent and independent counsel preferably of his own choice.
iii. The right to be provided by a counsel if he cannot afford one.
iv. The right to be informed of such rights.
104. 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.
Answer: Search Warrant

Note:

i. Only the court may issue a search warrant without exceptions.


ii. For a valid search warrant to issue, there must be probable cause which is to be
determined personally by a judge.

105. Is considered as the "Court of Last Resort" since no more appeals can be made
from the judgement or decision on the merits rendered by this court.
Answer: Supreme Court
106. The branch of government tasked to administer justice, to settle justifiable
controversies or disputes involving enforceable and demandable rights, and to afford
redress of wrongs for the violation of the said rights.
Answer: Judiciary
107. The basis in charging or prosecuting a person with or for an offense.
Answer: Probable Cause
108. The process in the CJS involves a full-scale inquiry into the facts of the case before
a judge.
Answer: Adjudication
109. The venue where the criminal action will be instituted and tried subject to the existing
law.
Answer: Court
110. Under the court pillar of the PCJS, which of the following does not belong to the
group?
Answer: Family Court
111. An individual who is task to examine first the complaints submitted by the law
enforcement.
Answer: Fiscal
112. Their jurisdiction extends to offenses punishable with imprisonment of not exceeding
four years and 2 months, or a fine of not more than P4, 000.00 or both such fine and
imprisonment.
Answer: First-Level Courts
113. Is considered as the most important pillar of the PCJS.

Answer: Community

Note: much of the success or failure of other pillars of CJS is affected by the community in
which they operate. (Read pages 184 to 185)

114. Such facts and circumstances which would lead a reasonably discreet arid prudent
man to believe that an offense has been committed, and that objects sought in connection
with the offense are in the place sought to be searched.
Answer: Probable Cause
115. Time of Making the Search
Answer: The warrant must direct that it be served in the day time, unless the
affidavit asserts that the property is on the person or in the place ordered to be searched, in
which case a direction may be asserted that it may be served at any time of the day or
night.

Note:

i. Search warrant shall be valid for 10 days from its date. Thereafter, it shall be void.
ii. A search warrant cannot be used every day for 10 days, and for a different purpose
each day. However, if its object or purpose cannot be accomplished in one day, the
same may be continued the following day or days until completed.

Warrantless Search and Seizure (Read Page 64-66 of Cutamora's book)

 Search Incident to Lawful Arrest

Answer: A lawfully arrested person may be searched without a warrant for


dangerous weapons or anything else that may be used as evidence of the offense.

 Plain view doctrine


 Search of Moving Vehicles
 Customs Searches
 Search with Consent
Answer: Waiver of any objection to the unreasonableness or invalidity of a search is
recognized exception to the rule against a warrantless search.
 Stop and frisk.

Problems and Issues of Law Enforcement

i. Violence
ii. Lack of Skills and Equipment
iii. Undermanned
iv. Corruption
116. Component of PCJS that serves to punish and, in many instances, rehabilitate
criminal offenders.
Answer: Correction
117. The two entities that comprised the Second Level Courts.
Answer: Regional Trial Courts and Shari'a District Court
118. Act as trial courts and may receive evidence from the parties of the case.
Answer: Regional Trial Courts
119. In some provinces in Mindanao where the Muslim Code on Personal Laws is
enforced.
Answer: Shari'a District Court

120. A statement referring to "Caught in the act of committing a crime".


Answer: In flagrante delicto
121. Which is not traditionally included in the pillars of the PCJS?
Answer: Community
122. This institution is designed to securely house individuals who have been convicted of
crimes.
Answer: Corrections
123. Created in each comprising such cities and/or municipalities as grouped by law.
Answer: Municipal Circuit Trial Courts (Mctc)
124. In every city which foe not form part of the metropolitan area?
Answer: Municipal Trial Courts in Cities (Mtccs)
125. Established in each of the other cities or municipalities.
Answer: Municipal Trial Courts (Mtcs)
126. Are created in each metropolitan area established by law.
Answer: Metropolitan Trial Courts (Metcs)
127. If the verdict is __________, the accused will be released in jail.
Answer: Acquittal
128. Are the appellate courts whose decisions of Shari'a District Courts and Shari-a
Circuit Courts pertaining to the interpretation and application of the Muslim Code on
Personal Laws in concerned are appealable.
Answer: Shari'a Appellate Courts
129. Is a deed, to the validity of which delivery is essential, and delivery is not complete
without acceptance.

Answer: Pardon

130. The court of specialized appellate jurisdiction which has the exclusive appellate
jurisdiction to review by appeal the decisions of the Commissioner of Internal Revenue and
the Commissioner of Customs.
Answer: Court of Tax Appeals
131. Are generally brought appeals from the RTC, quasi-judicial agencies, board or
commissioners.
Answer: Court of Appeals
132. Is at the apex of judicial hierarchy or the fourth level court.
Answer: Supreme Court
133. Is the imposition of penalty against the accused for the crime or offenses he/she
committed. It is an exclusive domain of law.
Answer: Punishment
134. A sworn statement charging a person with an offense, subscribed by the offended
party, any peace officer charged with the enforcement of the law violated.
Answer: Complaint
135. Evaluates or verify whether if there is enough grounds/evidence that a crime has
been committed.
Answer: Prosecution
136. Is the so-called graft court which has exclusive jurisdiction over violations of the Anti-
Graft and Corrupt Practices Act, Unexplained Wealth Act, and other offenses or felonies
committed by public officials and employees in relation to their office?
Answer: Sandiganbayan
137. Implies deprivation of freedom because, generally, when a person is convicted for a
crime committed, he goes to jail.

Answer: Punishment
138. True or False. Not in every criminal conviction or criminal charge that the accused
will be meted with a penalty of imprisonment.

Answer: True

139. True or False. Commission of an offense is considered to be in violation of the State.


Answer: True
140. It created the National Prosecution Service and dated on April 11, 1978.
Answer: Presidential Decree No. 1275
141. The law creating the Court of Tax Appeals.
Answer: Republic Act No. 1125
142. Otherwise known as The Anti-Graft and Corrupt Practices Act.
Answer: Republic Act No. 3019
143. Otherwise known as the Unexplained Wealth Act.
Answer: Republic Act No. 1379
144. Otherwise known as "The Witness Protection, Security, and Benefit Act".
Answer: Republic Act No. 6981
145. Otherwise known as “An Act Prohibiting the Imposition of Death Penalty in the
Philippines” signed by President Arroyo on June 24, 2006.
Answer: Republic Act No. 9346
146. The law creating Sandiganbayan
Answer: Presidential Decree No. 1606
147. When was the Supreme Court created?
Answer: June 11, 1901
148. The retirement age of the Chief Justice.
Answer: 70 Years Old
149. The primary complainant or aggrieved party.
Answer: State
150. The secondary complainant or aggrieved party.
Answer: Victim(s) of the Crime
151. Are always referred to as an alternative to incarceration—the traditional way of
rehabilitating offenders, have become a significant part of the correctional system.

Answer: Community Corrections

152. Is formal mode and manner of informing and implementing the constitutional right of
the accused that is, “to be informed of the nature and cause of the accusation against him”
and asked to enter his plea to the charges”.
Answer: Arraignment
153. True or False. Under the Utilitarian Doctrine, the primary purpose of punishment is
the protection of society from actual and potential wrongdoers.
Answer: True
154. It advocates that courts of law should directly impose the punishment to criminals or
potential criminals to maintain peace and order and enjoyment and happiness of society.
Answer: Utilitarianism
155. Means that the punishment attached to the defined crime will instill fear from an
individual. Thus, it will deter commission of crimes.
Answer: General Deterrence (Societal Deterrence)
156. Means that imposition of punishment will deter criminals from committing a crime
because the offenders is already physically incapacitated from committing since he/she
confined in jail.
Answer: Specific Deterrence (Individual Deterrence)
157. Is the process whereby the culpability of the accused of the offense levelled against
him is ascertained?
Answer: Trial
158. Is the adjudication by the court trying the case whether the accused is guilty or not of
the offense charged and the imposition of the proper penalty and civil liability, if any?
Answer: Judgement
159. Is proper only after trial on the merits and rendition of judgement and before it
becomes final.
Answer: Motion for New Trail or Reconsideration.
160. Is merely a statutory right and may be exercised only in accordance with the
provision of law?
Answer: Appeal
161. Number of days given to the accused by the Rules of Court to file his appeal.
Answer: 15 Days Upon the Receipt of The Decision Convicting Him.
162. How many days do the judgement becomes final and executor and can no longer be
exercised by the accused?
Answer: 15 Days
163. The objective of this Philosophy is Prevention. It may be therapeutic or vocational or
educational program.
Answer: Rehabilitation
164. Are employed for criminal offenders depending on their needs to prepare their
reintegration to society once released from jail.
Answer: Rehabilitative Schemes
165. Is granted to classes of persons or communities who may be guilty of political
offense, generally before or after the institution of the criminal prosecution and sometimes
after conviction.

Answer: Amnesty

166. It is under the supervision and control of the DOJ, and tasked as the prosecutorial
arm of the government.
Answer: NPS
167. Refers to a group of people living in a particular place?
Answer: Community
168. It is provided in the law that as a general rule, arrest can only be made at this time.
Answer: Any day or time of the day
169. It refers to the sufficiency of evidence in administrative cases.
Answer: substantial evidence
170. Is the final act of the Judge which generally involves a decree of imprisonment, a fine
and/or other punishment against an accused convicted of a crime?
Answer: Sentence
171. Are those expressly imposed by the court in the judgement of conviction?
Answer: Principal Penalties
172. Are those that are deemed included in the imposition of the principal penalties?
Answer: Accessory Penalties
173. Are those penalties imposed by the Penal Code and special laws where the
imprisonment is form six years to life imprisonment?
Answer: Afflictive Penalties
174. An act of grace, proceeding from the power entrusted with the execution of the laws,
which attempts the individual, on whom it is bestowed, from the punishment the law inflicts
for a crime he has committed.

Answer: Pardon

175. Are those where the period of imprisonment if from one day to thirty days (Arresto
Menor) and the fine is less than 200 pesos?
Answer: Light Penalties
176. Are those penalties where the Penal Code provides an imprisonment ranging from
one month, and 1 day to 6 years (Arresto Mayor) and the fine does not exceed 6,000 pesos
but is not less than 200 pesos?
Answer: Correctional Penalties
177. Is the execution of a convicted criminal by the State as punishment for crimes known
as capital crimes or capital offenses?
Answer: Capital Punishment or The Death Penalty
178. Shall be from 12 years and 1 day to 20 years.
Answer: Reclusion Temporal
179. Has duration from 6 years and 1 day to 12 years of imprisonment.
Answer: Prison Mayor
180. Are those which penalty imposed have a fixed duration and divisible into 3 parts; that
is, minimum, medium, and maximum.
Answer: Divisible Penalties
181. The counter part of Utilitarianism, it focuses on the crime itself. Advocates of this
doctrine believed that criminals must be punished and deserved to be punished wherein
criminal offenders are made to suffer for the crime committed.
Answer: Retributive Doctrine
182. In jurisprudence, it refers to the constant perpetual disposition of legal matters or
disputes to render man his due.
Answer: Justice
183. It refers to the order of the court commanding the peace officer to search a thing
specified therein and bring it before the court.
Answer: Search Warrant
184. It is a particular procedure in the prosecution pillar which applies only to those
arrested without warrant.
Answer: Inquest Proceeding
185. An eye for an eye, tooth for tooth.
Answer: Code of Hammurabi
186. It adheres to freewill principle; that is, an individual is capable of making rational
decisions and, thus, must suffer the consequences of his own action.
Answer: Retributive Doctrine
187. Generally, it is the nature of the offender's incarceration where it is imposed against
the offender as a sort of punishment for the crime done and to prevent the aggrieved party
or relative(s) of the aggrieved party to exact revenge.
Answer: Retribution
188. Designed to educate offenders to reflect and substitute lawful and civilize types of
behavior from an unlawful one. It is the modern concept of correction.
Answer: Rehabilitation and Reformation
189. Includes community service, probation orders, and those which entail guidance and
aftercare of the offender.
Answer: Penology
190. Which of the following may support the statement that correction is the weakest pillar
of the PCJS?
Answer: Correction fails to reform and rehabilitate offenders
191. The community pillar of the PCJS is best described in which of the following?
Answer: All people in the community
192. These are prisoners who are sentenced to imprisonment of more than 3 years. They
shall be committed to the Bureau of Corrections in Muntinlupa, Metro Manila
Answer: National Prisoners
193. It refers to the sufficiency of evidence in criminal cases.
Answer: Proof of Guilt Must be Beyond reasonable doubt.
194. How many days are given to a party to repudiate an amicable settlement?
Answer: 10 days
195. How many days shall the pangkat arrive at the settlement?
Answer: within fifteen (15) days
196. A change of punishment by reducing the degree of the penalty imposed upon the
offender, or substitution of a lesser punishment or the amount of fine imposed.

Answer: Commutation of Sentence

197. The so-called "gateway" of the CJS.


Answer: Court
198. These are prisoners sentenced to imprisonment of more than 1 year but not more
than 3 years. They shall be committed to the city or provincial jail warden.
Answer: City or Provincial Prisoners
199. These prisoners sentenced to imprisonment of not more than 1 year and shall be
committed to the municipal jail warden.
Answer: Municipal Prisoners
200. This agency is attached to the Department of Justice and charged and houses
national offenders sentenced to serve prison terms of more than 3 years and has 7
operating penal and prison farms operating nationwide.
Answer: Bureau of Corrections
201. This facility houses all national female prisoners.
Answer: Correctional Institution for Women in Mandaluyong City
202. This facility houses national prisoners in Palawan and Puerto Prinsesa.
Answer: Iwahig Prison and Penal Farm in Puerto Prinsesa City, Palawan
203. This facility houses national prisoners in Mindoro Oriental and Mindoro Occidental.
Answer: Sablayan Prison and Penal Farm in Occidental Mindoro
204. This facility houses national prisoners in Region IX and XII.
Answer: San Ramon Prison and Penal Farm in Zamboanga City
205. This facility houses national prisoners in Regions VIII.
Answer: Leyte Regional Prison in Abuyog, Leyte.
206. This facility houses national prisoners in Region X and XI.
Answer: Davao Prison and Penal Farm in Panabo, Davao Province
207. This facility is charged with custody and rehabilitation of all other national male
prisoners not included in the foregoing enumeration.
Answer: New Bilibid Prison in Muntinlupa City
208. Provides the transfer of national prisoners to the National Penitentiary to Muntinlupa.
Answer: Circular 4-92-A
209. Believes that there is no such thing as crime-free society.
Answer: Utilitarianism
210. Otherwise known as an "Act Establishing the PNP under a Reorganized Department
of the Interior and Local Government, and for Other Purposes."
Answer: RA 6975
211. Provides that the provincial jails shall be under the supervision and control by the
provincial government within its jurisdiction.
Answer: Section 61 of RA 6975
212. It is the central institution of crime prevention, the stage of which all other pillars of
CJS perform.

Answer: Community

213. Which PCJS pillar takes care of the investigation of complaints?


Answer: Law Enforcement
214. Is headed by a Provincial Jail Warden.
Answer: Provincial Jail
215. Is charged with the immediate custody and supervision of the Jail.
Answer: Jail Warden
216. Shall be charged with the keeping of the provincial jail, and it shall be his duty to
administer the same in accordance with law and the regulations prescribed for the
government of provincial prisons.
Answer: Provincial Governor
217. A special court tasked to handle graft and corrupt cases committed by public officials
or employees.
Answer: Sandiganbayan
218. Essentially, this system or process in the community by which crimes are
investigated, and the person suspected thereof are taken into custody, prosecuted in court,
and punished if found guilty, provision being made for the correction and rehabilitation.
Answer: criminal justice system
219. A generic term that includes all government agencies, facilities, programs,
procedure, personnel, and techniques concerned with the investigation, intake, custody,
confinement, supervision, or treatment of alleged offenders.
Answer: Corrections
220. Which of the following theory is advocated by Cesare Bacarria?
Answer: Classical Theory
221. Provides that the Bureau of Jail Management and Penology shall exercise
supervision and control over all city and municipal jails nationwide.
Answer: Section 60 to 65 of RA 6975
222. Otherwise known as Bureau of Fire Protection.
Answer: RA 9263
 Bureau of Jail Management and Penology Professionalization Act of 2004

The BJMP exercises administrative and operational control over all city, district and
municipal jails nationwide and its clientele are:

i. Detainees temporarily confined thereat awaiting final judgement.


ii. Detainees subject to or undergoing a criminal investigation.
iii. Convicted and serving sentence 3 years and below.

Rehabilitation Program Implemented by BJMP

i. Livelihood Projects
ii. Educational and Vocational Training
iii. Recreation and Sports.
iv. Religious/ Spiritual Activities
223. Otherwise known as "The Child and Youth Welfare Code."

Answer: PD 603

224. This pillar participates in the promotion of peace and order through crime prevention,
effect the arrest of criminal offenders, assist in the prosecution, and provide for the detention
of offenders towards punishment and rehabilitation.
Answer: Law Enforcement
225. A modern trend in criminology and penology is that in the offender in society
regardless of the gravity of the offense must be what?
Answer: Corrected and rehabilitated for eventual return to community
226. Otherwise known as "Juvenile Justice Welfare Act" or "An Act Establishing a
Comprehensive Juvenile and Welfare System."
Answer: RA 9344
227. These centers are residential facilities that provide care and rehabilitation to juvenile
in conflict with the laws who are 9-7 years of age and created by virtue of PD 603 and RA
9344.
Answer: Regional Youth Rehabilitation Centers
228. The minimum age of criminal responsibility.
Answer: 15 years old
229. Provides that a child 15 years and under at the time of the commission of the offense
shall be exempt from any criminal liability.
Answer: RA 9344
230. Advocates the Deterrence and Rehabilitation.
Answer: Utilitarianism
231. Administrative actions against the erring PNP members may be filed in the following
agencies, except:

A. PLEB C. Civil Service Commission


B. NAPOLCOM D. Commission on Human Rights

Answer: D

232. All except one are regular courts except:

A. Court of Appeals C. Shari'a District Courts


B. Supreme Court D. Regional Trial Court

Answer: C

233. Under RA 7834, the police investigator must observe the following rights of the
arrested person during custodial investigation except the right to:

A. Remain silent C. Counsel of his own choice


B. Bail and speedy trial D. Be informed of such right

Answer: B

Note: A child above 15 years but below 18 years of age shall likewise be exempt from
criminal liability and be subjected to an intervention program, unless he/she has acted with
discernment in which case, such child shall be subjected to the appropriate proceedings in
accordance with RA 9344. The exemption from criminal liability herein established does not
include exemption from civil liability, which shall be enforced in accordance with existing
laws.
Reason for exemption:

A minor of such age is presumed lacking the mental element of crime—the capacity to know what
is wrong as distinguished from what is right.

i. 9 years and below — Absolutely exempted from criminal liability regardless of whether
he/she acted with discernment.
ii. 9 years and below 15 — He/She is still exempted from criminal liability unless he/she
acted with discernment.
iii. 15 years and below 18 — The minor is no longer exempted from criminal liability
regardless of whether he acted with discernment. However, according to the new law, a
child whose age is within this bracket at the time of the commission of the offense is still
exempted from criminal liability unless he acted with discernment, in which case, he is
criminally liable.

Note: A child in conflict with the law shall be subjected to an intervention program.

234. Otherwise known as "The Child and Youth Welfare Code."

Answer: PD No. 603

235. According to RPC, it is extinguished either totally or partially, depending on the


causes.

Answer: Criminal Liability

236. The accused can no longer be prosecuted for the offense or offenses committed or
charged.

Answer: Total Extinction

237. The penalty imposed upon the accused for the offense committed and which he
already served is suspended, commuted or mitigated.

Answer: Partial Extinction

Note: Criminal Liability is totally extinguished:

1. By death of the convict

—Where the accused died, during trial or on appeal, death totally exonerates his
criminal liability. Dead person can no longer serve his prison term.
2. By service of the sentence

—The penalty imposed by the State, as a result of such wrongful act, constitutes as
the amount of the debt of the accused and when paid, the debt is extinguished.

3. By Amnesty

—Amnesty commonly denotes a general pardon to rebels for their treason or other
high political offenses, or the forgiveness which one sovereign grants to the subject of
another, who have offended, by some breach, the law of nations. Amnesty looks backward,
and abolishes and puts into oblivion, the offense itself. That person released by amnesty
stands before the law precisely as though he had committed no offense.

—Looks backward and abolishes and puts into oblivion the offense itself, it so
overlooks and obliterates the offense with which he is charged, that the person released by
amnesty stands before the law precisely as though he had committed no offense.

4. By absolute pardon

— Pardon looks forward and relieves the offender from the consequences of an offense
of which he has been convicted, that is, it abolishes or forgives the punishment, and for that
reason it does not work the restoration of the rights to hold public office, or the right of suffrage,
unless such right be expressly restored by the terms of the pardon, and it 'in no case exempts
the culprit from payment of the civil indemnity imposed upon him by the sentence.

5. By prescription of the crime

—By prescription, the State or the People lose the right to prosecute the crime. It is an
act of amnesty and liberality on the part of the State in favor of the offender.

A. Crimes punishable by death, reclusion perpetua or reclusion temporal—20 years

B. Crimes punishable by other afflictive penalties—15 years

C. Crimes punishable by a correctional penalty— 10 years

D. Crimes punishable by arresto mayor —5 years

E. Libel — 1 year

F. Oral defamation and slander by deed— 6 months

G. Light Offenses—2 months

6. By prescription of the penalty


—By prescription the State or the People lose right to demand the service of the penalty
imposed. It is an act of amnesty and liberality on the part of the state in favor of the offender.

—The period of the prescription of penalties shall commence to run from the date when
the culprit should evade the service of his sentence, and it shall be interrupted if the defendant
should give himself up, be captured, should go to some foreign country with which his
Government has no extradition treaty, or should commit another crime before the expiration of
the period of prescription.

7. By marriage of the offended woman, as provided in Article 344 of the RPC


238. It is granted by the Chief Executive and is a private act which must be pleaded and
proved by the person pardoned, because the court takes no notice thereof. It is granted to
one after conviction

Answer: Pardon

239. By Proclamation of the Chief Executive with the concurrence of Congress, is a public
act of which the courts should take judicial notice.

Answer: Amnesty

Note: Criminal Liability is extinguished Partially (Please refer to Pages 168-172)

i. By conditional pardon
ii. By commutation of the Sentence
iii. For good conduct allowance which the culprit may earn while he is serving his
sentence.
240. Refers to the exemption of an individual, within certain limits or conditions, from the
punishment which the law inflicts for the offense he had committed resulting in the partial
extinction of his criminal liability.

Answer: Conditional Pardon

241. Refers to the reduction of the duration of a prison sentence of prisoner.

Answer: Commutation of Sentence

242. Refers to the conditional release of an offender from a correctional institution after he
has served the minimum of his prison sentence.

Answer: Parole

243. Is a disposition under which a defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to the supervision of a probation officer?

Answer: Probation
244. It offers viable alternatives at various stages of the criminal justice process, such as
Probation, Parole, Fine and Bonds to keep peace. It has become substantial part of the
correctional system in the Philippines.

Answer: Community Corrections

Note: Not all offenders may avail of Community Corrections. There are conditions sine qua
non before they can avail of the same. It cannot be used to divert offenders from prison.

245. Is a mere privilege and its grant rests upon the discretion of the court where before
granting it, the court should consider the potentiality of the offender to reform together with
the demands of justice and public interest, along with other relevant circumstances.

Answer: Probation

Note: An order placing defendant on probation is not a sentence but is rather in effect a
suspension of the imposition of sentence.

Purpose of Probation Law

i. Promote the correction and rehabilitation of an offender by providing him with


individualized treatment.
ii. Provide an opportunity for the reformation of a penitent offender which might be less
probable if he were to serve a prison sentence.
iii. Prevent the commission of an offense.

Note: What the law gives more importance is the OFFENDER, not the crime.

Probation should be denied of the court finds that:

i. The offender is in need of correctional treatment that can be provided most


effectively by his commitment to an institution.
ii. There is undue risk that during the period of probation the offender will commit
another crime.
iii. Probation will depreciate the seriousness of the offense committed.

Classification imposed against Probationer (Read Pages 175 to 177)

A. General or Mandatory
B. Special or Discretionary

Remember:

—Non-compliance of the order of probation shall cause for the issuance of a warrant
of arrest against the probationer. If the violation is established, the court may revoke or
continue his probation and modify the conditions thereof.
—If revoke, the court shall order the probationer to serve the sentence originally
imposed. An order revoking the grant of probation or modifying the terms and conditions
thereof shall not be appealable.

Note: The prisoners may be granted parole whenever the Board finds that there is a
reasonable probability that if released, he will be a law-abiding and that his release will not
be incompatible with the interest and welfare of society.

Purpose of Parole

a. Uplift and redeem valuable human material to economic usefulness.


b. To prevent unnecessary and excessive deprivation of personal liberty.

Criteria to Avail Parole (Read pages 178 to 180)

a. He is confined in prison or jail to serve an indeterminate sentence, the


maximum period of which exceeds one year, pursuant to a final judgement of
conviction.
b. That he has served the minimum period of said sentence.

Problems and Issues Besetting the Correctional System (Refer to Page 181 to 182)

a. Disintegrated and Fragmented System


b. Overcrowded, Congested, Inadequate Food, Poor Maintenance, and Poor Facilities
246. Are judicial tribunals engaged in the administration of justice?

Answer: Court

247. Is a public officer so named in his commission and appointed to reside over and to
administer the law in the court of justice?
Answer: Judge
248. A public officer who has the authority to hear and decide cases.
Answer: Judge
249. An official public forum which is established by the sovereign to adjudicate disputes
and to administer and dispensed justice under the law.
Answer: Court
250. A place or geographical area where the action is to be filed and tried.
Answer: Venue
251. If more than one court has the jurisdiction.
Answer: Concurrent Jurisdiction
252. When only one court can handle a particular case.
Answer: Exclusive Jurisdiction
253. Most decisions of lower courts may be appealed; tge courts that have the power to
hear and decide those appeals.
Answer: Appellate Jurisdiction
254. Is an imprisonment that allows judges to hold the accused inside the jail who could
not afford bail. This kind of punishment is not imposed as punishment for a crime but to
prevent prisoner from doing possible harm.
Answer: Preventive Detention
255. All are branches of law, except;

A. Civil Law C. Criminal Law


B. Statutory Law D. Commercial Law

Answer: B

256. Is a writ of the court by which the defendant is notified of the action brought against
him. It is an order in writing to answer a complaint.

Answer: Summon

257. Is an order to appeal and testify at the hearing or trial of an action or of any
investigation conducted by a competent authority.
Answer: Subpoena
258. The power and authority of the court to hear, try, and decide a case. The power to
enforce or executive judgement or final orders.
Answer: Jurisdiction
259. Is the security given for the release of a person in custody of law, furnished by him or
bondsman conditioned upon his appearance before any court?
Answer: Bail
260. Refers to an obligation or record, entered into before some court or officer with a
condition to do some particular acts. In criminal cases, the condition is the appearance of
the accused on trial.
Answer: Recognizance
261. A person is required to bring him books or documents or other things.
Answer: Subpoena Duces Tecum
262. The person will appear to attend and testify.
Answer: Subpoena Testificandum
263. Means "to abide by" or "to adhere to" cases already decided.
Answer: Stare Decisis
264. When a person is charged with an offense and the case is terminated either by
acquittal or conviction; the latter cannot again be charged with the same or identical offense.
Answer: Right against Double Jeopardy
Grounds for New Trial
i. Errors of law or irregularities prejudicial to substantial rights of the accused
have been committed during the trial
ii. New material evidence has been discovered
iii. Meritorious circumstances
265. No person shall be compelled to be a witness against himself.
Answer: Right against Self-incrimination
266. Is an order by the court of a competent jurisdiction to the person detaining another,
commanding him to produce the body of the prisoner at a designated time and place and
some sufficient cause for the custody?
Answer: Writ of Habeas Corpus
267. It denotes fairness, moral uprightness, or reasonableness especially in the way
people are treated or decisions are made.
Answer: Justice
268. The forgotten or neglected man in the CJS
Answer: Victim
269. Forms of law made by a magistrate in cases decided in appellate courts especially
by a Supreme Court.
Answer: Case Laws
270. A school of thought which implies that justice is a standard or concept of what is in
the best interest of society.
Answer: Positivist Theory
271. It systematically analyzes the conditions under which penal laws develop and
explains as well the procedures used in police agencies and courts.
Answer: Sociology of Law
272. A form of law made by legislators.
Answer: Statutory Law
273. A characteristic of CJS as a system that distinguishes one system from each other,
each system has its function to perform within the system.
Answer: Each have identifiable component
274. The event that calls for the operation of CJS.
Answer: Crime
275. The principal character of CJS?
Answer: Offender
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influence of beauty in the realm of the spirit for your own personal joy and to the profit of
the community to which your later works belong."

~Albert Einstein

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