CLJ 3 – CRIMINAL PROCEDURE

FINAL EXAMINATION
(CLJ 3 – CRIMINAL PROCEDURE)
SY2011-2012/2nd Semester
INSTRUCTION: Select the correct answer for each of the following questions. Mark only one answer for
each item by shading the space corresponding to the letter of your choice on the answer sheet
provided. STRICTLY NO ERASURES ALLOWED.
1.  It is a provisional remedy issued upon an order of the court where an action is pending to be levied
upon the
     property of the defendant, the same can be held thereafter by the sheriff as security for the satisfaction
of whatever
     judgment might be secured in said action by the attaching creditor against the defendant.
 A.  Preliminary Injunction                C. Preliminary Attachment
                 B.  Motion for Prohibition                 D.  Judgment
2.  The provision remedies, in so far as there are applicable, may be availed of in connection with the civil
action
      deemed instituted in _________________ .
                A.  Civil Case                                        C.  Administrative Action
                B.  Criminal Action                             D.  Remedial Action
3.  When the civil action is properly instituted in the criminal action, the offended party may have the
property of the
     accused attached as security for the satisfaction of any judgment that may be recovered from the
accused in the
    following cases:
                A.  When the accused is about to leave from the Philippines
                B.  When the accused has concealed, removed or disposed of his property or is about to do so.
                C.  When the accused is out on bail.
                D.  When the criminal action is based on a claim for money or property embezzled or
fraudulently misapplied
                      or converted to the use of the accused who is a public officer, officer of a corporation,
attorney de facto,
                      broker or agent or clerk in the course of his employment as such.
4.  This doctrine means that an unlawful search taints not only the evidence obtained there at but also
facts discovered
          by reason of unlawful search.
                A.  Proof beyond reasonable doubt.                C.  Fruits of the poisonous tree.
                B.  Burden of proof                             D.  Border Search
5.  This rule commands  that evidence obtained by an unreasonable search and seizure is excluded from
evidence.
                A.  Consented warrantless Search    C.  Exclusionary Rule
                B.  Stop and frisk on Terry search.   D.  Inspection Search
6.  The filing of the petition for __________is considered a waiver of the accused’s right to appeal, makes
his
       conviction final the moment he files said application.
                A.  New Trial                                         C.  Motion for Reconsideration
                B.  Probation                                        D.  Appeal
7.  It is a ground for new trial except:
                A.  Error of Law                                  
                B.  Irregularities prejudicial to the substantial rights of the accused have been committed during
the trial.
                C.  Failure to conduct preliminary Investigation
                D. Newly discovered evidence has been discovered which accused could not with reasonable
diligent have
                  discovered and produced at the trial and submitted would probably changed the judgment.
8.  It is a motion which can interrupt the running of the fifteen (15) day period to perfect an appeal.
                A.  Motion for new trial                      C.  Motion for Reconsideration
                B.  Motion in Quash                            D.  Motion for probation
9.  How long is given to the accused to make his appeal before the judgment will become final and
executor?
                A. 30 days                                             C.  15 days
                B.  45 days                                            D.  20 days
10.  Who may appeal?      
                A.  Only the accused                           C.  Any party
                B.  Only the complainant                   D.  The prosecutor
11.  In cases divided by the Metropolitan Trial Court, where should the appeal be filed?
                A.  To the court of Appeals               C.  To the Supreme Court
                B.  To the Regional Trial Court         D.  To the Municipal Trial Court
12.  It is a ground for new trial except:
                A.  Errors of law  
                B.  Irregularities prejudicial to the substantial rights of the accused have been committed during
the trial.    
                C.   New and material evidence has been discovered which the accused could not with
reasonable diligence
                have discovered and produced at the trial and which if introduced and admitted would probably
change the
                judgment
                D.  minority of the accused
13.  It may be granted by the court where the incompetency of the counsel for the defense is so great that
the defendant was
           prejudicial and prevented from fairly presenting his defense.
                A.  New Trial                                         C.  Dismissal of the case
                B.  Reconsideration                             D.  Judgment

14. Requisites of newly discovered evidence to be a valid ground for new trial, except:
                A. The evidence was discovered after the trial
                B.  Such evidence could not have been discovered and produced at the trial even with
existence of reasonable diligence.
                C. The evidence violates the Principle of Double Jeopardy.
                D.  The evidence must go to the merits and not rest on merely a technical defense.
15.  It is a motion which may be filed after judgment but within period for perfecting an appeal.
                A.  Motion for reconsideration          C.  Motion for new trial
                B.  Motion to Quash                           D.  Motion to file an appeal
16.  It is a motion which may be presented only after  either or both parties have formally offered and
closed their evidence, but
       before judgment.
                A.  Motion to re-open trial                 C.  Motion for reconsideration
                B.  Motion to file an appeal              D.  Motion to Quash
17.  In all cases, when the court grants new trial, what happens to the original judgment?
                A.  The judgment is set aside or vacated        C.  The judgment become final and executory
                B.  The judgment is retained                             D.  The judgment may be appealed
18.  When a new trial is granted on the ground of newly discovered evidence, what happen to the original
evidence already
        presented?
                A.  The evidence already presented remains                  C.  The evidence already presented will
be set aside
                B.  The evidence already presented will be discard       D.  The evidence already presented will
not be given weight.
19.  When criminal actions are brought to the Court of Appeals or to the supreme court, who must
represent the people of the
        Philippines.
                A. Public of the Philippines               
                B. The private prosecutor with the conformity of the Assistant Provincial Prosecutor
                C.  The judge       
                D.  The Solicitor General
20.  In cases decided by the Metropolitan  Trial Court, Where should the appeal be filed?
                A.  Regional Trial Court                     C.  To the Supreme Court
                B.  To the Court of Appeals              D.  to the Municipal Circuit Court
21.  In cases decided by the court of Appeal where should the appeal be filed.
                A.  To the Supreme Court                  C.  To the Solicitor General
                B.  To the Sandigan Bayan                               D.  To the Court of Appeals itself
22.  If the criminal case is dismissed by the court, or there is acquittal, can the complainant or the
offended party make an appeal.
                A.  No, because it is only the accused who can appeal in case of conviction.
                B.  No, the offended party or complainant cannot appeal the criminal aspect of the case.
                C.  Yes,the complainant or offended party may appeal the civil aspect of the case only.
                D.  Yes, the complainant and the accused are both given by law the right to appeal either the
criminal aspect or civil
                     aspect of the case.
23.  What is the remedy of the accused in case a final judgment of conviction was rendered by the court?
                A.  File an appeal                                                 C.  File a motion to Quash the information
                B.  File a motion to set aside judgment           D.  File a motion for new trial
24.  Who may appeal from a judgment or final order of the court?
                A.  Prosecution only                                            C.  Any Party
                B.  Defense only                                                  D.  The judge
25.  For purposes of determining appellate  jurisdiction in criminal cases is the __________of the penalty
is taken account
                A.  Minimum of the penalty                              C.  Maximum of the penalty
                B.  Medium of the penalty                                                D. None of the above
26.  When can a final judgment becomes final?
                A.  Upon the expiration of the period to appeal therefrom if no appeal has been duly perfected.
                B.  Upon the expiration of the period of 30 days
                C.  Upon the expiration of the period of 10 days
                D.  Upon the expiration of the period of 20 days
27.  Pedro was sentence to suffer five years imprisonment by final judgment. Before the period of appeal
lapsed, Pedro escaped.
         Can he appeal his case?
                A.  Yes, because his right to appeal is provided in our constitution
                B.  Yes, because he opted to file an appeal because the period of appeal had not yet lapses
                C.  No, because he escaped; hence, he waived his right to appeal
                D.  Yes, his right to appeal is mandatory right.
28.  The appeal to the Court of Appeal in cases decided by the Regional Trial Court in the exercise of its
appellate jurisdiction shall     
         be by ____________

                A.  Petition by Motion for Reconsideration    C.  Petition to re-open the trial
                B.  Petition for new trial                                      D.  Petition for review
29.  How should be the service of the notice of appeal be secured if it cannot be made upon the adverse
party or his counsel.
                A.  By e-mail service                                           C.  By registered mail service
                B.  By telephone service                                     D.  By telegraph service
30.  When is an appeal be taken?
                A.  Within fifteen (15) days from promulgation of the judgment
                B.  Within five (5) days from promulgation of the judgment
                C.  Within Thirty (30) days from promulgation of the judgment
                D.  Within twenty (20) days from promulgation of the judgment
31.  Pedro is the complainant against Berto in a criminal case. Berto was convicted and the judgment was
promulgated. Before the
       judgment became final the complainant filed an appeal. Does Pedro have the right to appeal in a
criminal case.
                A.  No, only the accused/convicted accused can appeal
                B.  Yes, the complainant can appeal on the civil aspect only of the case.
                C.  No, because he is the complainant, not the accused.
                D.  No, because such appeal made by the complainant will place the accused in double
jeopardy.
32.  Mario was convicted on the complaint of Noel for homicide. Mario was sentenced to four years and
six months and one day.
        Noel the complainant appealed on the ground that the penalty imposed was not proper. And Noel
prayed that it be
         increased.Was the appeal of Mario Proper?
                A.  Yes, because he has also the right to appeal even if he is the complainant.
                B.  Yes, because the penalty imposed is really not proper.
                C.  No, the appeal of Noel would constitute a violation on the right of the accused for it will fall
under Double jeopardy.
                D.  Yes, because under the law, Rule 122, Sec.1,  provides that any party may appeal from a
judgment or final order.
33.  John was convicted by final judgment for the crime of murder.  He was sentenced with an
imprisonment of Reclusion
         Perpetua.  He did not appeal.  The judgment became final and executor. The Supreme Court by its
own power (motu propio)
         reviewed the judgment. Is the Supreme Court correct?
                A.  No, because John did not appeal his judgment
                B.  No, because the proper person in interest (John) no longer wants to appeal his case.
                C.  Yes, the Supreme Court has the power to review judgment with maximum penalty of
Reclusion Perpetua,
                   automatically.
                D.  No, it is only the accused who can appeal his case.
34.  When may the period for  perfecting an appeal shall be suspended?
                A.  From the time a motion to re-open the trial is filed
                B.  From the time a motion for reconsideration is filed
                C.  From a time a motion to Quash the information is filed.
                D.  From the time a motion to dismiss is filed.
35.  The world “Promulgation” refers to ___________.
                A.  Case Record                                   C.  Order
                B.  Judgment                                        D.  Trial
36. The word “ Notice” refers to ___________.
                A.  Judgment                                        C.  Trial
                B.  Case Record                                   D.  Order
37.  Within how many days should the clerk of court with whom the notice of appeal was filed must
transmit to the clerk of court
         of the appellate court the complete record of the case together with the said notice.
                A.  Ten days                                         C.  Five days
                B.  Fifteen days                                    D.  Twelve days
38.  In all cases where the death penalty is imposed by the Trial Court, the records shall be forwarded to
the court of appeals for
          automatic review within how many days from the promulgation of the judgment.
                A.  Within fifteen days but not earlier than ten days from the promulgation of the judgment or
notice of denial of a motion
                        for new trial or reconsideration.
                B.  Within twenty days but not earlier than fifteen days from the promulgation of the judgment or
notice of denial of a
                   motion for new trial or reconsideration.
                C.  Within ten days but not earlier than seven days from the promulgation of the judgment or
notice of denial of a
                   motion for new trial or reconsideration
                D.  Within seven days but not earlier than five days from the promulgation of the judgment or
notice of denial of a
                   motion for new trial or reconsideration
39.  Juanito was convicted by the trial court. A Counsel de Oficio was appointed to him by the court for his
appeal since he is
        confined in prison. To cut short the proceedings of appeal,the counsel de oficio of Juanito withdraw
the appeal.  Is the action
        of the consel de oficio proper?
                A. Yes, because the counsel de oficio wishes to cut short the proceedings of the appeal since
he is not being paid by
                      Juanito.
                B.  Yes, because it is his right (counsel de oficio) to terminate the appeal at any time even
without the consent of Juanito.
                C.  No, he (counsel de oficio) cannot withdraw the appeal without the consent of Juanito.
                D.  Yes, considering that it was not Juanito who choose him (counsel de oficio) to be his lawyer
for his (Juanitos’) appeal.
40. There is a uniform procedure in the Municipal Trial Courts except:
                A.  In the municipal circuit trial court’s           C.  Municipal trial courts in cities
                B.  Metropolitan Trial Courts                            D.  In criminal cases governed by the revised
Rules on summary procedures.
41.  In all criminal cases appealed to the Court of Appeals the property appealing the case shall be called
the _______________
                A.  Complainant                                                  C.  Appellee
                B.  Appellant                                                        D.  Respondent
42.  The adverse party of the aprty appealing the case is called the ______________
                A.  Appellant                                                        C.  Plaintiff
                B.  Accused                                                           D.  Appellee
43.  The court of appeals may dismiss the appeal on the following ground except:
                A.  If appellant escapes from prison                                C.  If appellant jumps bail
                B.  If appellant escapes from confinement    D.  If appellant files a motion for reconsideration
44.  It is one of the scope of judgment of the Court of Appeals except:
                A.  Reverse the judgment imposed by the trial court.
                B.  Affirm the judgment imposed by the trial court.
                C.  Increase or reduce the penalty imposed by the trial court.
                D.  Forward the case to the Supreme Court.
45.  Trials and hearings in the court of appeals must be continuous and must be completed within such
period, unless extended by
         the chief justice.
                A.  Within six (6) months                                   C. Within three (3) months
                B.  Within ten (10) months                                                D.  Within twelve (12) months
46.  Arturo was sentenced by the trial court with death penalty when death penalty is still on effect.  There
was an automatic
        review by the Supreme Court.  While the case is still in the Supreme Court, the death penalty was
out lowed.  The supreme
           Court affirm the decision of the trial court.  What should be the proper penalty to be imposed upon
the accused by the
           supreme court.
                A.  Death Penalty                                                                C.  Reclusion Perpetua
                B.  Reclusion Temporal                                      D.  Prison Correctional
47. A motion for reconsideration shall be filed within such period from notice of the decision or final order
of the court of Appeals,
          with copies thereof served upon the adverse party, setting forth the grounds in support thereof.
                A.  Within fifteen (15) days                               C.  Within twenty (20) days
                B.  Within ten (10) days                                     D.  Within thirty (30) days
48.  Unless otherwise provided by the constitution or by law the procedure in the ____________in original
and in appealed cases
         shall be the same as in the Court of Appeals.
                A. Regional Trial Court                                      C.  Municipal Trial Court
                B.  Supreme Court                                               D.  Municipal Circuit Trial Court
49.  The procedure for the review by the supreme court of decisions in criminal cases rendered by the
court of appeals shall be the
          same in _____________________
                A.  Civil Cases                                                      C.  Corporate cases
                B.  Administrative cases                                     D.  Quash criminal cases
50.  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 ___________.
51.  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.  Warrant of Arrest                                          C.  Information
                B.  Complaint                                                       D.  Search Warrant
52.  It refers to person and places particularly described thoroughly investigated or searched.
                A.  Seizure                                                             C.  Confiscation
                B.  Search                                                              D.  Take into custody
53.  It refers to things particularly described to be taken away or confiscated or to be seized.
                A.  Search                                                              C.  Looking for something
                B.  Seizure                                                             D.  Thorough investigation
54.  If the criminal action has already been filed where should the application for search warrant be filed?
                A.  Any court within whose territorial jurisdiction of a crime was committed.
                B.  Any court within the judicial region where the crime was committed.
                C.  Any court within the judicial region where the warrant shall be enforced
                D.  In the court where the criminal action is pending
55.  A search warrant may be issued for the search and seizure for this kind of  property.
                A. Real Property                                                  C.  Personal property
                B.  Paraphernal Property                                    D.  Capital property
56.  A _________A_________ shall not issue except upon (57)________B__ in connection with one
specific offense to be determined
       personally by the (58) ______C______after examination under(59)_____D_________ or affirmation
of the  
      (60)_________E________ and the witnesses he may produce, and particularly describing the place
to be searched and the things
       to be seized.
                A.  Search warrant                                               C.  Judge                                                E. 
Complainant
                B.  Probable cause                                               D.  Oath
61.  During the arraignment, the accused must be ______________.
                A.  Represented by a proxy                               C.  Out of the country
                B.  Present personally                                         D.  Represented by the prosecutor
62.  What plea is recorded or entered for the accused if he refuses to plead?
                A.  Plea of guilty                                                  C.  No plea is entered
                B.  Plea of not guilty                                           D.  Improvident plea of guilty
63.  The reading of the complainant or information during the arraignment shall be done in what dialect or
language?
                A.  In English only                                               C.  In Spanish
                B.  In Tagalog only                                             D. In the dialect or language known by the
accused
64.  Total criminal liability is extinguished except by:
                A.  By service of sentence                                  C.  By prescription of crime
                B.  By absolute Pardon                                      D.  By conditional pardon
65.  It is the Loss or waiver of the State of its right to prosecute an act prohibited and punished by law.
                A.  Prescription of jurisdiction                           C.  Prescription of crime
                B.  Prescription of venue                                    D.  Prescription of penalty
66.  It is an accusation in writing charging a person with an offense subscribed by the prosecutor or fiscal
and filled with the court.
                A.  Arrest                                                               C.  Complainant
                B.  Information                                                    D.  Warrant of Arrest
67.  It is a sworn written statement charging a person with an offense, subscribed by the offended party,
any peace officer or other
        public officer charged with the enforcement of the law violated.
                A.  Information                                                    C.  Complaint
                B.  Search Warrant                                              D.  Warrant of Arrest
68.  He shall have the direction and control in the prosecution of all criminal actions either commenced by
complaint or by
        Information.
                A.  Public Prosecutor or fiscal                            C.  Judge
                B.  Clerk of Court                                                D.  Investigator on case
69.  It has the power to order a change of venue or place of trial to avoid a miscarriage of justice.
                A.  Congress                                                          C.  Supreme Court
                B.  Court of Appeals                                           D.  Senate
70.  The proper officer who issues a warrant of arrest.
                A.  Public Prosecutor                                           C.  Judge
                B.  Chief of Police                                               D.  Clerk of Court
71.  It is defined as such facts and circumstances which would lead a reasonable 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                                     C. Probable Cause
                B.  Proof beyond reasonable doubt                 D.  Principle of innocence
72.  Requisites of a valid search warrant except:
                A.  It must be upon probable cause                
                B.  The search warrant must particularly describe the place to be search and the things to be
seized
                C.  The search warrant must be issued in connection with the specific offense
                D.  The search warrant must involved real properties
73.  It is a warrant which fails to sufficiently specify the place or person to be searched or things to be
seized.
                A.  Search Warrant                                              C.  Provisionary Search Warrant
                B.  General Search Warrant                               D.  Probationary Search Warrant
74.  The officer, enforcing the search warrant if refused admittance to the place of directed  search after
giving notice of his
          purpose and authority, what may be his legal; move?
                A.  May break open any outer or inner door of a house
                B.  May break open any outer or inner window of a house
                C.  May liberate himself when unlawfully detained.
                D.  All of the above
75.  How should a search of a house, room, or any other premises be made?
                A.  Presence of the lawful occupant                                                C.  Two witnesses of
sufficient age and discretion
                B.  Presence of any member of the occupant’s family                D.  All of the above
76.  PO1 Reyes was enforcing a search warrant, he introduced himself to the occupant of the house and
mentioned his purpose,
        however he was refuse admittance. What should be the legal move of PO1 Reyes?
                A.  May break open the door                            C.  May break any part of the house to make an
entry
                B.  May break open the window                      D.  All of the above
77.  The validity of the search warrant.
                A.  Ten (10) days from its date                         C.  Seven (7) days from its date
                B.  Fifteen (15) days from its date                   D.  Five (5) days from its date
78.  To whom the officer who served the search warrant return the property seized?
                A.  To the prosecutor                                          C.  To the complainant
                B.  To the judge who issued the warrant         D.  To the clerk of court
79.  Berto was seen and observed by PO2 Peralta in the act of picking the wallet of Carlos.  Berto
successfully took possession of
       the wallet of Carlos.  At this instance PO2 Peralta arrested Berto and when PO2 Peralta search Berto
a bladed weapon was
      found in his possession. Berto was charged with theft and illegal possession of deadly weapon. He
countered that the search
      made by PO2 Peralta on his person is illegal. Is Berto correct?
                A.  Yes, because PO2 Peralta have no search warrant when he searched Berto.
                B.  Yes, the deadly weapon cannot be used as evidence against Berto because it was illegally
searched.
                C.  No, because the search made by PO2 Peralta is incidental to a lawful arrest.
                D.  Yes, because PO2 Peralta abused his authority when he searched Berto without a warrant.

80.  The rule that searches and seizures must be.supported by a valid search is not absolute. The
exception is:
                A.  Search incidental to a lawful arrest            C.  Stop and Frisk
                B.  Plain view seizure                                          D.  all of the above              E.  None of the
above
81.  A valid search warrant was issued against Roberto. When the warrant was served on the house of
Roberto, an unlicensed
         firearm was found in his room which is not included in the search warrant. He was charged for
illegal  possession of
         unlicensed firearm.  Will the case against Roberto prosper?
                A.  Yes, because he was in possession of an unlicensed firearm
                B.  Yes, because seizure of the unlicensed firearm is incidental to a lawful search.
                C.  No, because the firearm is not one of those personal properties ordered to be seized by the
court, and therefore
                      illegally obtained evidence.
                D.  Yes, although it is not included in the search warrant, the firearm which is unlicensed is
illegal and therefore can be
                         confiscated and seized
82.  This doctrine means that an unlawful search taints not only the evidence obtained during the search
but also facts discouraged
         by reason of said unlawful search
                A.  Principle of double jeopardy                       C.  Proof of beyond reasonable doubt principle
                B.  Principle of a fruit a Poisonous tree           D.  Search incidental to a lawful arrest principle
83.  It is defined as the vernacular designation of the right of a police officer to stop a citizen on the street,
interrogate him and put
         him for weapons,
                A.  Stop & Frisk                                                    C.  Waiver
                B.  Plain view seizure                                          D.  Consented warrantless  search
84.  This rule commands that evidence obtained by an unreasonable search and seizure is excluded from
evidence.
                A.  Exclusionary rule                                           C.  Plain view doctrine
                B.  Fruit of a poisonous tree doctrine               D.  Stop & Frisk Principle
85.  In this principle, the law requires that there be fist a lawful  arrest before a search can be made.
                A.  Plain view doctrine                                        C.  Search incidental to lawful arrest
                B. Stop & Frisk  Doctrine                                   D.  Inspection search
86.  The purpose of search incidental to A lawful arrest, except:
                A.  Protect the arresting officer against physical harm from the person being arrested
                B.  The person being arrested might  be  concealing weapons to be used against the officer
                C.  To protect the person arrested from destroying evidence within his reach.
                D.  To know the identity of the arrested person.
87.  The search warrant was issued on February 01, 2012, up to what date will it be valid?
                A.  Feb 09, 2012                                                  C. Feb 12, 2012
                B.  February 11,2012                                          D. February 10,2012
88.  The officer after the conduct of search and seizure must do the following except:
                A.  Give a detailed receipt of the property seized to the lawful occupant.
                B.  Leave a detailed receipt of the property in the place in which he found the seized property in
the presence of at least
                    two  witnesses of sufficient age and discretion residing in the same locality.
                C.  Deliver immediately the property seized to the issuing judge together with the true and duly
verified under oath
                     inventory thereof
                D.  Deliver immediately the property seized in a bonded warehouse for safekeeping even
without the approval of the
                          court.
89.  The extent of warrantless search may be made on the person of the suspect and immediate vicinity
or surrounding area of the
             place of arrest, except:
                A.  In his room                                                    
                B.  Confined place within the accused’s immediate control      
                C.  In his house situated 150 kmtrs away from the place of arrest
                D.  Premises of surroundings under his immediate control.
90  Routine inspection are not regarded as violative of an individual’s right against unreasonable search,
except:
                A.  Where the occupants are subjected  to a physical or body search
                B.  Where the officers flashes a light therein without opening the car’s door
                C.  Where the inspection of the vehicle is limited to a visual search or visual inspection
                D.  Where the routine check is conducted in a fixed area

QUESTION 91 TO 100
Blacken A, if both statements are correct; B if the first statement is correct and the second is incorrect; C
if the first statement is incorrect and the second is correct; D if both statements are incorrect:

91.  The frisk and search of a person is a permissible precautionary measure to protect the officer from
such person who might be armed with dangerous weapon. Warrantless search or incoming and outgoing
passengers at the arrival and departure areas of an international airport is universally allowed. A
92.  Stop and frisk is limited protective search of outer clothing for weapons.  A waiver of an illegal
warrantless also mean a waiver of the inadmissibility of evidence seized during an illegal warrantless
arrest.B
93.  Warrantless search incidental to s lawful arrest may be made on the person only of the suspect and
not in the immediate vicinity or surrounding area of the place of arrest.  Warrantless search incidental to a
lawful arrest may be made on the premises or surroundings under the persons immediate control.C
94.  Where the search is made pursuant to a lawful arrest, there is always need to obtain a search
warrant. When the accused was caught inflagrante (in the act) there must be a search warrant to search
him and a warrant of arrest for his arrest.D
95.  The search warrant is valid for ten days from its date. 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 inserted that it be served at any time of the day or night.A
96.  A search warrant may be issued for the search and seizure of personal property.  An application for
search warrant may be filed in any court within which whose territorial jurisdiction a crime was
committed.A
97.  Search refers to persons and places particularly described to be searched.  A warrant of arrest is an
order in writing issued in the name of the people of the Philippines, signed by the judge and directed to a
place of officer, commanding him to search for personal property described therein and bring it before the
court.B
98.  A motion to re-open trial maybe  filed after judgment but within the period for reconsideration can
interrupt the running of the 15 day period to perfect an appeal.C
99. Decisions of cases in the court of appeals is appealable to the Regional Trial Courts. Cases decided
by the regional trial courts are appealable to the Metropolitan Trial Courts.D
100.  For the purpose of determining appellate jurisdiction in criminal cases, the maximum of the penalty
and not the minimum is taken into account.  The period within which to perfect an appeal is fifteen (15)
days.A