QUIZ No. 3 | Constitutional Law 2

#1. Complete the sentence: The right of an accused to be heard may be waived (15%)

provided it is done with the assistance of counsel.

provided it is done explicitly in writing.

with the consent of the private complainant.

simply by not appearing in court.

#2. What is the equipoise rule? (15%)

When the evidence of both sides are equally balanced, the constitutional presumption of regularity should tilt the scales of justice in favor of the accused.

When the evidence of both sides are equally balanced, the constitutional presumption of innocence should tilt the scales of justice in favor of a re-trial.

When the evidence of both sides are equally balanced, the constitutional presumption of innocence should tilt the scales of justice in favor of the accused.

When the evidence of both sides are equally balanced, the constitutional right against double jeopardy should tilt the scales of justice in favor of the accused.

#3. What is the right to a public trial? (15%)

According to Justice Black, it is the right to have the accused's counsel, friends and relatives present during trial.

According to Justice Black, it is the right of the private complainant to have his or her counsel, friends and relatives present during trial.

It is the right to have the proceedings be recorded in some form or manner.

According to the ruling in Judge Garcia vs Judge Domingo (G.R. No. L-30104, 25 July 1973), it is the right not to have the trial conducted in the judge's chamber.

#4. The right to speedy trial may be invoked during preliminary investigation. (10%)

False

True

#5. Habeas corpus means (5%)

Have a body

Bring the body

A modern legal spell

A Latin legal spell

#6. Complete the sentence: The right to bail (10%)

may be invoked as a matter of right after conviction provided the sentence imposed is twelve years or below.

may be invoked as a matter of right in all cases provided the accused is not a flight risk and has the capacity to pay the bail amount fixed by the court.

is available if the accused is charged with an offense not punishable by reclusion perpetua, life imprisonment, or death.

is available in all cases being heard by a regional trial court.

#7. A police officer need not prove in court that he or she followed proper protocol in arresting an accused. (10%)

True. Presumption of regularity outweighs the presumption of innocence once an Information is filed in court.

True. Presumption of regularity becomes conclusive after arraignment as any defect during arrest is deemed waived.

False. It is the prosecution's duty to prove the guilt of the accused.

False. It is the arresting officer's duty to prove the guilt of the accused.

#8. May a person deprived of liberty facing a murder case, during a pandemic, file directly with the Supreme Court a petition for bail? (10%)

Yes under the Bill of Rights.

Yes under the Nelson Mandela Rules.

No. Bail is never allowed in murder cases.

No. It must be filed with the proper trial court.

#9. Custodial rights may be invoked by an employee being investigated for theft by a security agency which has custody of him or her. (5%)

True. Custodial rights may be invoked the moment an individual is invited for investigation.

False. Custodial rights in private proceedings may only be invoked after the employee receives a notice to explain.

True. Custodial rights under the constitution are applicable in all cases.

False. Custodial rights may not be invoked in private proceedings.

#10. The right to appeal is a constitutional right. (5%)

False. It is not enumerated as among those rights in the Bill of Rights.

True. It is provided for under the constitutional provisions on the Judicial Department.

Results