Toprank Review

January 2024 CLE

Criminal Procedure
1. It provides that once
jurisdiction is vested in the
court, it is retained up to the
end of litigation

a. Principle of Adherence
b. Principle of Uniformity
c. Principle of Generality
d. Principle of Territoriality
1. It provides that once
jurisdiction is vested in the
court, it is retained up to the
end of litigation

a. Principle of Adherence
b. Principle of Uniformity
c. Principle of Generality
d. Principle of Territoriality
Principle of Adherence

It provides that once

jurisdiction is vested in the
court, it is retained up to the
end of litigation
2. It refers to the process
issued by the court after
conviction to carry out the
final judgment

a. Decision
b. Warrant
c. Subpoena
d. Mittimus
2. It refers to the process
issued by the court after
conviction to carry out the
final judgment

a. Decision
b. Warrant
c. Subpoena
d. Mittimus
Mittimus

It refers to the process

issued by the court after
conviction to carry out the
final judgment
3. The person charged of an
offense or crime during
preliminary investigation is
referred to as

a. accused
b. respondent
c. suspect
d. convict
3. The person charged of an
offense or crime during
preliminary investigation is
referred to as

a. accused
b. respondent
c. suspect
d. convict
The person charged of an
offense or crime during
preliminary investigation
refers to a RESPONDENT

During trial, he is referred to

as the ACCUSED
4. In which of the following
instances, the presence of the
accused is required?

a. Arraignment
b. Promulgation of judgment
c. During trial for
identification purposes
d. All of the above
4. In which of the following
instances, the presence of the
accused is required?

a. Arraignment
b. Promulgation of judgment
c. During trial for
identification purposes
d. All of the above
Presence of the accused
required in:

1. Arraignment

2. During trial for identification

purposes

3. Promulgation of judgment
5. Demurrer to evidence may be
filed:

a. After the prosecution has

rested its case
b. After Trial
c. After arraignment
d. After the defense has rested
its case
5. Demurrer to evidence may be
filed:

a. After the prosecution has

rested its case
b. After Trial
c. After arraignment
d. After the defense has rested
its case
Demurrer to evidence

when to file? after the prosecution

has rested its case

who may file? Accused

what is the Insufficiency of

ground? evidence
6. It has the burden of showing
that the evidence of guilt is
strong at the hearing of an
application for bail

a. Defense
b. Accused
c. Prosecution
d. Court
6. It has the burden of showing
that the evidence of guilt is
strong at the hearing of an
application for bail

a. Defense
b. Accused
c. Prosecution
d. Court
The PROSECUTION has the
burden of showing that the
evidence of guilt is strong at
the hearing of an application
for bail
7. A sworn written statement
charging a person with an
offense subscribed by the
offended party, any peace officer
or public officer charged with the
law violated and filed in the
Office of the Prosecutor

a. Blotter
b. Information
c. Charged sheet
d. Complaint
7. A sworn written statement
charging a person with an
offense subscribed by the
offended party, any peace officer
or public officer charged with the
law violated and filed in the
Office of the Prosecutor

a. Blotter
b. Information
c. Charged sheet
d. Complaint
 Complaint Information

A sworn written An accusation in

statement charging a writing charging a
person with an person with an
offense subscribed by offense, subscribed by
the offended party, the prosecutor and
any peace officer or filed by him in court
public officer charged
with the law violated
and filed in the Office
of the Prosecutor
8. What determines territorial
jurisdiction?

a. the place where the accused

resides
b. the place where the victim
resides
c. the place where the crime was
committed
d. the place where there is a
police station
8. What determines territorial
jurisdiction?

a. the place where the accused

resides
b. the place where the victim
resides
c. the place where the crime was
committed
d. the place where there is a
police station
Territorial jurisdiction refers
to the place where the crime
was committed
9. When is bail a matter of discretion?

a. Before conviction by the Regional Trial

Court of an offense not punishable by
death, reclusion perpetua or life
imprisonment
b. After conviction by the Regional Trial
Court of an offense not punishable by
death, reclusion perpetua or life
imprisonment
c. Before or After Conviction by the
Municipal Trial Court
d. None of the above
9. When is bail a matter of discretion?

a. Before conviction by the Regional Trial

Court of an offense not punishable by
death, reclusion perpetua or life
imprisonment
b. After conviction by the Regional Trial
Court of an offense not punishable by
death, reclusion perpetua or life
imprisonment
c. Before or After Conviction by the
Municipal Trial Court
d. None of the above
Bail as a Matter of Right

1. Before & After Conviction (MTC)

2. Before Conviction of an offense not

punishable by RP, death or LI (RTC)

Bail as a Matter of Discretion

1. After conviction of an offense not punishable

by RP, death or LI (RTC)

2. Even if punishable by RP, death or LI, if the

evidence of guilt is not strong (RTC)
10. The accused may be allowed by
the trial court to plead guilty to a
lesser offense which is necessarily
included in the offense charged with
the prior express consent of

a. Public prosecutor
b. Offended party
c. Accused and his counsel
d. Public prosecutor and the
offended party
10. The accused may be allowed by
the trial court to plead guilty to a
lesser offense which is necessarily
included in the offense charged with
the prior express consent of

a. Public prosecutor
b. Offended party
c. Accused and his counsel
d. Public prosecutor and the
offended party
Plea bargaining needs the
consent of the public
prosecutor and the
offended party
11. Boy Bangag was convicted of
Section 5 or RA 9165 for sale of shabu. Is
the judgment of conviction final?

a. Yes, immediately final

b. No, it becomes final upon the lapse of
15 days from promulgation of judgment
c. Yes, the offense committed is
violation of special law
b. No, it becomes final if the court
provides an order
11. Boy Bangag was convicted of
Section 5 or RA 9165 for sale of shabu. Is
the judgment of conviction final?

a. Yes, immediately final

b. No, it becomes final upon the lapse of
15 days from promulgation of judgment
c. Yes, the offense committed is
violation of special law
b. No, it becomes final if the court
provides an order
Judgment becomes final:

1. After the lapse of time for

perfecting an appeal

2. When the accused has expressly

waived in writing his right to appeal

3. When accused has applied for

probation
12. Objects falling in the plain view of
an officer has a right to be in position
to have that view are subject to
seizure and may be presented as
evidence

a. Apparent Doctrine
b. Plain View Doctrine
c. Miranda Doctrine
d. Fruit of the Poisonous Tree Doctrine
12. Objects falling in the plain view of
an officer has a right to be in position
to have that view are subject to
seizure and may be presented as
evidence

a. Apparent Doctrine
b. Plain View Doctrine
c. Miranda Doctrine
d. Fruit of the Poisonous Tree Doctrine
Plain View Doctrine Requisites

1. There must have been a legal presence in

the place where the search is made

2. The evidence was discovered

inadvertently by an officer with a right to be
where he is

3. The evidence is immediately apparently

illegal

4. There is no need for any further search to

obtain the evidence
13. Which of the following
courts is considered to be a
court of last resort?

a. Regional Trial Court

b. Court of Appeals
c. Supreme Court
d. Municipal Trial Court
13. Which of the following
courts is considered to be a
court of last resort?

a. Regional Trial Court

b. Court of Appeals
c. Supreme Court
d. Municipal Trial Court
Supreme Court is a court of last
resort
14. Lifetime of a warrant of arrest

a. 10 days
b. 15 days
c. 30 days
d. No expiration period
14. Lifetime of a warrant of arrest

a. 10 days
b. 15 days
c. 30 days
d. No expiration period
Warrant of Arrest- no expiration
period unless lifted by the court
who issued it

Search Warrant- valid for 10

days
15. A general rule, a complaint
or information must charge
only

a. Two offenses
b. Three offenses
c. One Offense
d. None of the above
15. A general rule, a complaint
or information must charge
only

a. Two offenses
b. Three offenses
c. One Offense
d. None of the above
A general rule, a complaint or
information must charge only
ONE OFFENSE

exception:
Complex Crimes
16. Who can legally file a
complaint for crimes of adultery or
concubinage?

a. Only the offended spouse

b. Offended party’s parents
c. Offended party’s grandparents
d. All of the above
16. Who can legally file a
complaint for crimes of adultery or
concubinage?

a. Only the offended spouse

b. Offended party’s parents
c. Offended party’s grandparents
d. All of the above
Only the offended spouse may
file a complaint for adultery or
concubinage.

Adultery and concubinage are

private crimes.
17. It refers to 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

a. Police Investigation
b. Preliminary Investigation
c. Custodial Investigation
d. Preliminary Examination
17. It refers to 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

a. Police Investigation
b. Preliminary Investigation
c. Custodial Investigation
d. Preliminary Examination
Preliminary Investigation

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
18. The following are requisites of
judgment except:

a. It must be written in Official

Language
b. It maybe orally made
c. It must be personally prepared by the
Judge
d. It must contain clearly and distinctly
a statement of facts and the law upon
which it is based
18. The following are requisites of
judgment except:

a. It must be written in Official

Language
b. It maybe orally made
c. It must be personally prepared by the
Judge
d. It must contain clearly and distinctly
a statement of facts and the law upon
which it is based
Requisites of Judgment

1. It must be written in Official

Language

2. It must be personally prepared by

the Judge

3. It must contain clearly and

distinctly a statement of facts and
the law upon which it is based
19. It refers to the security given for
the release of person in custody of
the law, furnished by him or a
bondsman, to guarantee his
appearance before any court

a. Ransom
b. Bond
c. Penalty
d. Bail
19. It refers to the security given for
the release of person in custody of
the law, furnished by him or a
bondsman, to guarantee his
appearance before any court

a. Ransom
b. Bond
c. Penalty
d. Bail
BAIL is the security given for the
release of person in custody of
the law, furnished by him or a
bondsman, to guarantee his
appearance before any court
20. It refers to the authority and
power of the court to try, hear
and decide a case

a. Venue
b. Criminal law
c. Jurisdiction
d. Criminal procedure
20. It refers to the authority and
power of the court to try, hear
and decide a case

a. Venue
b. Criminal law
c. Jurisdiction
d. Criminal procedure
Jurisdiction

-power and authority of a court to

try, hear and decide a case

Jurisdiction is conferred by
substantive law
21. Preliminary investigation is
applicable when the imposable
penalty for the crime committed is
atleast

a. 2 years, 1 day and 4 months

b. 4 years, 2 months and 1 day
c. 2 years, 4 days and 1 day
d. 1 year, 2 months and 4 days
21. Preliminary investigation is
applicable when the imposable
penalty for the crime committed is
atleast

a. 2 years, 1 day and 4 months

b. 4 years, 2 months and 1 day
c. 2 years, 4 days and 1 day
d. 1 year, 2 months and 4 days
Preliminary Investigation when
required:

For an offense where the

penalty prescribed by law is
imprisonment of at least 4
years, 2 months, and 1 day
without regard to imposable
fine
22. Proper time to object the
illegality of arrest

a. before arraignment
b. during trial
c. after arraignment
d. during judgment
22. Proper time to object the
illegality of arrest

a. before arraignment
b. during trial
c. after arraignment
d. during judgment
Proper time to object the
illegality of arrest:

before entering plea or

before arraignment
23. What determines jurisdiction?

a. It is determined by the extent of

the penalty which the law imposes
b. It is determined by the place
where the crime committed
c. It is determined by the time
when crimes committed
d. It is determined by the
information or complaint
23. What determines jurisdiction?

a. It is determined by the extent of

the penalty which the law imposes
b. It is determined by the place
where the crime committed
c. It is determined by the time
when crimes committed
d. It is determined by the
information or complaint
Jurisdiction is determined by
the extent of the penalty
which the law imposes

Penalty: Court:
6 years and MTC
below

above 6 years RTC

24. It has appellate
jurisdiction over cases
decided by the Municipal
Trial Court

a. Supreme Court
b. Court of Appeals
c. Regional Trial Court
d. None of the above
24. It has appellate
jurisdiction over cases
decided by the Municipal
Trial Court

a. Supreme Court
b. Court of Appeals
c. Regional Trial Court
d. None of the above
Original jurisdiction- the court hears
the case at the first instance

Appellate jurisdiction- the court

hears the case on appeal

Regional Trial Court exercises

APPELLATE JURISDICTION over
cases decided by Municipal Trial
Court
25. It refers to the act of
setting a witness face to face
with the accused so that the
latter may make any objection
he has to the witness

a. Right to due process

b. Right to appeal
c. Right to bail
d. Right to confrontation
25. It refers to the act of
setting a witness face to face
with the accused so that the
latter may make any objection
he has to the witness

a. Right to due process

b. Right to appeal
c. Right to bail
d. Right to confrontation
Right to Confrontation

the act of setting a witness

face to face with the accused
so that the latter may make
any objection he has to the
witness
26. This is filed in order to
correct errors of law or fact in
judgment and does not require
any further proceeding:

a.Motion for Reconsideration

b.Motion for Relief from
judgment
c.Motion for new trial
d.Demurrer to evidence
26. This is filed in order to
correct errors of law or fact in
judgment and does not require
any further proceeding:

a.Motion for Reconsideration

b.Motion for Relief from
judgment
c.Motion for new trial
d.Demurrer to evidence
Motion for Reconsideration is
filed to correct errors of law or
fact

When to file? Within 15 days

from promulgation of judgment

Where to file? Same court which

rendered the judgment
27. This doctrine gives a fresh period of
15 days to appeal is counted from the
DENIAL of the motion for
reconsideration or new trial:

a. Neypes doctrine
b. New trial doctrine
c. Doctrine of fruit of poisonous tree
d. None of the above
27. This doctrine gives a fresh period of
15 days to appeal is counted from the
DENIAL of the motion for
reconsideration or new trial:

a. Neypes doctrine
b. New trial doctrine
c. Doctrine of fruit of poisonous tree
d. None of the above
Neypes Rule/Doctrine

A fresh period of 15 days to appeal

is counted from the DENIAL of the
motion for reconsideration or new
trial

-applicable in criminal cases

28. Which of the following is a ground
for filing Demurrer to Evidence?

a. Invalidity of information
b. Insufficiency of evidence
c. Court has no jurisdiction over the
offense charged
d. Complaint charges no offense
28. Which of the following is a ground
for filing Demurrer to Evidence?

a. Invalidity of information
b. Insufficiency of evidence
c. Court has no jurisdiction over the
offense charged
d. Complaint charges no offense
Ground for Demurrer to Evidence:

Insufficiency of Evidence
29. In designating an offense, the
information or complaint must
indicate the following except

a. Aggravating Circumstance
b. Designation given by statute
c. Acts or omission constituting the
offense
d. History of the Accused
29. In designating an offense, the
information or complaint must
indicate the following except

a. Aggravating Circumstance
b. Designation given by statute
c. Acts or omission constituting the
offense
d. History of the Accused
Complaint or Information must contain
the following:

1. Designation of the Offense

2. Acts or omissions constituting the
offense (including aggravating
circumstances)
3. Name of the accused
4. Name of the victim
5. Place where the crime was
committed
6. Approximate date of the crime
30. Which of the following is
considered of second level court?

a. Supreme Court
b. Court of Appeals
c. Regional Trial Court
d. Municipal Trial Court
30. Which of the following is
considered of second level court?

a. Supreme Court
b. Court of Appeals
c. Regional Trial Court
d. Municipal Trial Court
MTC- first Level courts
(Metropolitan Trial Court
Municipal Circuit Trial Court
Municipal Trial Court in Cities
Municipal Trial Court)

RTC- second level courts

31. It refers to the examination
before a competent tribunal
according to the laws of the land, of
facts put in issue in a case for the
purpose of determining such issue

a. Pre-trial
b. Plea-bargaining
c. Trial
d. Mediation
31. It refers to the examination
before a competent tribunal
according to the laws of the land, of
facts put in issue in a case for the
purpose of determining such issue

a. Pre-trial
b. Plea-bargaining
c. Trial
d. Mediation
Trial is an examination before a
competent tribunal according to
the laws of the land, of facts put
in issue in a case for the
purpose of determining such
issue
32. Which of the following is not a
constitutional right of the accused?

a. Right to Bail
b. Right to be Presumed Innocent
c. Right to Appeal
d. Right to Confrontation
32. Which of the following is not a
constitutional right of the accused?

a. Right to Bail
b. Right to be Presumed Innocent
c. Right to Appeal
d. Right to Confrontation
Right to appeal is not a
constitutional right of the
accused.

It is a statutory right of the

accused.
33. Provisional dismissal of
offenses punishable by
imprisonment exceeding six years
becomes permanent if not revived

a. 1 year after
b. 2 years after
c. 3 years after
d. 5 years after
33. Provisional dismissal of
offenses punishable by
imprisonment exceeding six years
becomes permanent if not revived

a. 1 year after
b. 2 years after
c. 3 years after
d. 5 years after
Provisional Dismissal becomes
permanent – 1 YEAR AFTER
(punishable by imprisonment not
exceeding 6 years)

Provisional Dismissal becomes

permanent- 2 YEARS AFTER
(punishable by imprisonment
exceeding 6 years)
34. Approximate date of the
commission of the offense is required
for a complaint or information to be
considered sufficient. In which of the
following cases the particular date of
the commission of the crime is
required?

a. Murder
b. Robbery
c. Infanticide
d. Homicide
34. Approximate date of the
commission of the offense is required
for a complaint or information to be
considered sufficient. In which of the
following cases the particular date of
the commission of the crime is
required?

a. Murder
b. Robbery
c. Infanticide
d. Homicide
Only an approximate date of the
commission of the offense is
required.

Exception:
when time is an element of the
offense, the particular date must be
indicated
35. Who may file a motion to
quash?

a. Prosecutor
b. Accused
c. Judge
d. None of the Above
35. Who may file a motion to
quash?

a. Prosecutor
b. Accused
c. Judge
d. None of the Above
Motion to quash is available
to the accused.

The motion is filed to attack

or question the validity of the
complaint or information.
36. In arraignment, the
information must be read to the
accused in

a. English language always

b. language or dialect known to
the accused
c. no requirement of reading
d. language known to the
counsel
36. In arraignment, the
information must be read to the
accused in

a. English language always

b. language or dialect known to
the accused
c. no requirement of reading
d. language known to the
counsel
In arraignment, the information
must be read to the accused in
the language or dialect known to
the accused

This is in consonance with the

right of the accused to be
properly informed of the nature
and cause of accusation against
him/her
37. Reopens the case after
judgment has been rendered, in
order to allow reception of
new evidence and further
proceedings

a. New trial
b. Motion for reconsideration
c. Appeal
d. Re-trial
37. Reopens the case after
judgment has been rendered, in
order to allow reception of
new evidence and further
proceedings

a. New trial
b. Motion for reconsideration
c. Appeal
d. Re-trial
Motion for New Trial

Reopens the case after

judgment has been rendered,
in order to allow reception
of new evidence and
further proceedings
38. One by which the State
prosecutes for an offense or
omission punishable by law

a. Administrative action
b. Civil action
c. Criminal action
d. Special proceedings
38. One by which the State
prosecutes for an offense or
omission punishable by law

a. Administrative action
b. Civil action
c. Criminal action
d. Special proceedings
Criminal action

One by which the State

prosecutes for an offense or
omission punishable by law
39. The party appealing in an
appeal is

a. Appellant
b. Appellee
c. Respondent
d. Counsel de officio
39. The party appealing in an
appeal is

a. Appellant
b. Appellee
c. Respondent
d. Counsel de officio
APPELLANT- the party
appealing

APPELLEE- the party against

whom the appeal is made-
40. Which of the following is
an effect of an appeal?

a.It opens the whole case for

review
b.It reviews the penalty
c.It reviews the damages
d.All of the above
40. Which of the following is
an effect of an appeal?

a.It opens the whole case for

review
b.It reviews the penalty
c.It reviews the damages
d.All of the above
Effect of an Appeal

1. It opens the whole case for

review
2. It reviews the penalty
3. It reviews the damages
41. Order issued by the court
to compel a person to testify
in a hearing

a. warrant of arrest
b. subpoena duces tecum
c. subpoena ad testificandum
d. blotter report
41. Order issued by the court
to compel a person to testify
in a hearing

a. warrant of arrest
b. subpoena duces tecum
c. subpoena ad testificandum
d. blotter report
Subpoena ad testificandum-
order to compel the
attendance of witnesses

Subpoena duces tecum- order

to compel a person to bring
documents in court
42. Who has the authority to
conduct preliminary
investigation?

a. Judge
b. Prosecutor
c. Police
d. All of the above
42. Who has the authority to
conduct preliminary
investigation?

a. Judge
b. Prosecutor
c. Police
d. All of the above
Who may conduct Preliminary
Investigation?

1. Provincial or City Prosecutors and

their assistants

2. National and Regional State

Prosecutors

3. Other Officers as may be authorized

by law (ex. Ombudsman authorized
officer deputized by COMELEC for
election offenses
43. When should a plea of not
guilty be entered?

a. When the accused so pleaded

b. When accused refuses to
plead
c. When the accused enters a
conditional plea of guilty
d. All of the above
43. When should a plea of not
guilty be entered?

a. When the accused so pleaded

b. When accused refuses to
plead
c. When the accused enters a
conditional plea of guilty
d. All of the above
A Plea of not guilty be entered
under the following circumstances:

1. When the accused so pleaded

2. When accused refuses to plead

3. When the accused enters a

conditional plea of guilty
44. Within ___ days from receipt
of subpoena and complaint, the
respondent may file his or her
counter-affidavit and of his or her
witnesses

a. 5
b. 10
c. 15
d. 20
44. Within ___ days from receipt
of subpoena and complaint, the
respondent may file his or her
counter-affidavit and of his or her
witnesses

a. 5
b. 10
c. 15
d. 20
Within TEN (10) days from receipt
of subpoena and complaint, the
respondent may file his or her
counter-affidavit and of his or her
witnesses
45. In search incidental to
lawful arrest, the arrest must
be

a. illegal
b. lawful
c. irregular
d. all of the above
45. In search incidental to
lawful arrest, the arrest must
be

a. illegal
b. lawful
c. irregular
d. all of the above
In search incidental to lawful
arrest, the arrest must be
LAWFUL to be valid as an
exception to the search
warrant requirement
46. Which of the following is an
instance of valid warrantless
arrest?

a. Arrest of escaped prisoner

b. Hot Pursuit
c. In flagrante delicto
d. All of the above
46. Which of the following is an
instance of valid warrantless
arrest?

a. Arrest of escaped prisoner

b. Hot Pursuit
c. In flagrante delicto
d. All of the above
Instances of Valid Warrantless
Arrest

1. In flagrante delicto

2. Hot pursuit

3. Arrest of escaped prisoner

47. It is a remedy granted by
law to an arresting officer if the
person refuses admittance to
an enclosure or building

a. Right to break out

b. Right to damage
c. Right to break in
d. All of the above
47. It is a remedy granted by
law to an arresting officer if the
person refuses admittance to
an enclosure or building

a. Right to break out

b. Right to damage
c. Right to break in
d. All of the above
Right to break in

It is a remedy granted by law to

an arresting officer if the
person refuses admittance to
an enclosure or building
48. It refers to the formal mode
and manner of implementing the
constitutional right of an accused
to be informed of the nature and
cause of accusation against him

a. Hearing
b. Notice
c. Summon
d. Arraignment
48. It refers to the formal mode
and manner of implementing the
constitutional right of an accused
to be informed of the nature and
cause of accusation against him

a. Hearing
b. Notice
c. Summon
d. Arraignment
Arraignment

It refers to the formal mode and

manner of implementing the
constitutional right of an accused
to be informed of the nature and
cause of accusation against him
49. Accused has the right to

a. partial trial
b. impartial trial
c. delayed trial
d. all of the above
49. Accused has the right to

a. partial trial
b. impartial trial
c. delayed trial
d. all of the above
Accused has the right to
SPEEDY, IMPARTIAL AND
PUBLIC TRIAL
50. Which of the following is not a
requisite of trial in absentia?

a. The accused has been arraigned

b. Accused has been notified of the
trial
c. His failure to appear is
unjustified
d. His failure to appear is justified
50. Which of the following is not a
requisite of trial in absentia?

a. The accused has been arraigned

b. Accused has been notified of the
trial
c. His failure to appear is
unjustified
d. His failure to appear is justified
Requisites of Trial in Absentia

1. The accused has been

arraigned

2. Accused has been notified of

the trial

3. His failure to appear is

unjustified
51. In all criminal cases, the
conduct of Pre-trial is

a. Discretionary
b. Mandatory
c. Not necessary
d. Depends on the court
51. In all criminal cases, the
conduct of Pre-trial is

a. Discretionary
b. Mandatory
c. Not necessary
d. Depends on the court
In all criminal cases, the
conduct of Pre-trial is
mandatory
52. It is the taking of person into
custody in order that he may be
bound to answer for the
commission of an offense

a. Arrest
b. Arraignment
c. Bail
d. Trial
52. It is the taking of person into
custody in order that he may be
bound to answer for the
commission of an offense

a. Arrest
b. Arraignment
c. Bail
d. Trial
Arrest

It is the taking of person into

custody in order that he may be
bound to answer for the
commission of an offense
53. Private crimes may only be
prosecuted by a complaint filed
by

a. Police officer
b. offended party
c. any public officer
d. all of the above
53. Private crimes may only be
prosecuted by a complaint filed
by

a. Police officer
b. offended party
c. any public officer
d. all of the above
Private crimes may only
be prosecuted by a
complaint filed by the
offended party
54. The following are requisites of a
valid warrant of arrest except:

a. issued upon probable cause

b.it must particularly describe the
person to be arrested
c. probable cause must be
determined by the prosecutor
d. it must be in connection with
specific offense or crime
54. The following are requisites of a
valid warrant of arrest except:

a. issued upon probable cause

b.it must particularly describe the
person to be arrested
c. probable cause must be
determined by the prosecutor
d. it must be in connection with
specific offense or crime
For the issuance of warrant of
arrest, it is the judge who has
the authority to determine
probable cause for the
issuance of warrant of arrest
55. Right against
self-incrimination applies in

a. object evidence
b. testimonial compulsion
c. real evidence
d. documentary evidence
55. Right against
self-incrimination applies in

a. object evidence
b. testimonial compulsion
c. real evidence
d. documentary evidence
Right against self-incrimination
applies when there is
testimonial compulsion.
56. The following are the grounds to
suspend the arraignment, except:

a. The accused appears to be

suffering from an unsound mental
condition.
b. There exists a prejudicial
question
c. A petition for review is pending at
either the Department of Justice
d. None of the above
56. The following are the grounds to
suspend the arraignment, except:

a. The accused appears to be

suffering from an unsound mental
condition.
b. There exists a prejudicial
question
c. A petition for review is pending at
either the Department of Justice
d. None of the above
Grounds to suspend the Arraignment

1. The accused appears to be suffering

from an unsound mental condition.

2. There exists a prejudicial question

3. A petition for review is pending at

either the Department of Justice
57. Arraignment shall be made
within ___ days from the date
the court acquires jurisdiction
over the person of the accused

a. 10
b. 20
c. 15
d. 30
57. Arraignment shall be made
within ___ days from the date
the court acquires jurisdiction
over the person of the accused

a. 10
b. 20
c. 15
d. 30
Arraignment shall be made
within THIRTY (30) days from
the date the court acquires
jurisdiction over the person of
the accused
58. A Search Warrant may be issued
for the search and seizure of the
following personal property

a. Subject of the offense

b. Stolen or embezzled and other
proceeds, or fruits of the offense;
c. Used or intended to be used as
the means of committing an offense
d. All of the above
58. A Search Warrant may be issued
for the search and seizure of the
following personal property

a. Subject of the offense

b. Stolen or embezzled and other
proceeds, or fruits of the offense;
c. Used or intended to be used as
the means of committing an offense
d. All of the above
A Search Warrant may be issued
for the search and seizure of the
following personal property:

1. Subject of the offense

2. Stolen or embezzled and other

proceeds, or fruits of the offense

3. Used or intended to be used as

the means of committing an
offense
59. Final judgment of the court
is carried into effect by the
process called

a. Promulgation of Judgment
b. Commitment Order
c. Mittimus
d. Judgment
59. Final judgment of the court
is carried into effect by the
process called

a. Promulgation of Judgment
b. Commitment Order
c. Mittimus
d. Judgment
Mittimus

process issued by the court after

conviction to carry out the final
judgment, such as commanding a
prison warden to hold the
accused in accordance with the
terms of judgment
60. It is considered as court of
general jurisdiction

a. Municipal Trial Court

b. Supreme Court
c. Regional Trial Court
d. Court of Appeals
60. It is considered as court of
general jurisdiction

a. Municipal Trial Court

b. Supreme Court
c. Regional Trial Court
d. Court of Appeals
Regional Trial Court is a court
of general jurisdiction.
61. On January 25, 2020, Police Officers Daniel,
James and Enrique served the Search Warrant
dated January 5, 2020 issued by Judge Alden.
Said search warrant was issued to search the
house of Jose for a murder case in which he was
involved. Jose argued that the search warrant is
not valid considering that its validity is up to 10
days after its issuance. Is Jose correct?

a. No, as long as the search warrant was issued

by a judge, it has no expiration
b. No, the search warrant stands as long as the
crime involved is murder
c. Yes, the search warrant is valid only for 10
days
d. all of the above
61. On January 25, 2020, Police Officers Daniel,
James and Enrique served the Search Warrant
dated January 5, 2020 issued by Judge Alden.
Said search warrant was issued to search the
house of Jose for a murder case in which he was
involved. Jose argued that the search warrant is
not valid considering that its validity is up to 10
days after its issuance. Is Jose correct?

a. No, as long as the search warrant was issued

by a judge, it has no expiration
b. No, the search warrant stands as long as the
crime involved is murder
c. Yes, the search warrant is valid only for 10
days
d. all of the above
A Search warrant is valid only
within 10 days from its
issuance.
62. The issuance of subpoena
ad testificandum and duces
tecum refers to the right of
the accused

a. to remain silent
b. to compulsory process
c. to public trial
d. to appeal
62. The issuance of subpoena
ad testificandum and duces
tecum refers to the right of
the accused

a. to remain silent
b. to compulsory process
c. to public trial
d. to appeal
The issuance of subpoena ad
testificandum and duces
tecum shows the right of the
accused to compulsory
process
63. Which of the following is an
effect of institution of criminal
action?

a. It dismisses the case

b. It interrupts the running of
the period of prescription of the
offense charged
c. It extinguishes criminal
liability
d. None of the above
63. Which of the following is an
effect of institution of criminal
action?

a. It dismisses the case

b. It interrupts the running of
the period of prescription of the
offense charged
c. It extinguishes criminal
liability
d. None of the above
The effect of institution of
criminal action is it interrupts
the running of the period of
prescription of the offense
charged
64. Rules of Criminal
Procedure are promulgated
by

a. Congress
b. President
c. Supreme Court
d. Lawyers
64. Rules of Criminal
Procedure are promulgated
by

a. Congress
b. President
c. Supreme Court
d. Lawyers
Rules of Criminal Procedure
are promulgated by the
Supreme Court
65. Kind of force which may
be used in effecting an arrest

a. violence
b. intimidation
c. reasonable
d. unnecessary
65. Kind of force which may
be used in effecting an arrest

a. violence
b. intimidation
c. reasonable
d. unnecessary
In effecting arrest, police
officers may use
reasonable force
66. The filing or institution of a criminal
action includes the institution of the
civil action for recovery of civil liability
arising from the offense charged. Which
of the following is an exception?

a. When the offended party waives the

civil action
b. When the offended party reserves his
right to file a separate civil action
c. When a civil action is instituted prior
to the criminal action
d. all of the above
66. The filing or institution of a criminal
action includes the institution of the
civil action for recovery of civil liability
arising from the offense charged. Which
of the following is an exception?

a. When the offended party waives the

civil action
b. When the offended party reserves his
right to file a separate civil action
c. When a civil action is instituted prior
to the criminal action
d. all of the above
General Rule:

The filing or institution of a criminal action

includes the institution of the civil action for
recovery of civil liability arising from the offense
charged

Exceptions:

1. When the offended party waives the civil action

2. When the offended party reserves his right to

file a separate civil action

3. When a civil action is instituted prior to the

criminal action
67. What is the effect if the
accused filed a demurrer to
evidence without leave of court
and his demurrer was denied?

a. Accused may present evidence

b. Accused waives his right to
present evidence
c. Court will dismiss the case
d. Court will suspend the hearing
67. What is the effect if the
accused filed a demurrer to
evidence without leave of court
and his demurrer was denied?

a. Accused may present evidence

b. Accused waives his right to
present evidence
c. Court will dismiss the case
d. Court will suspend the hearing
Effect of Demurrer with or without
leave of court

Demurrer with leave of court- If

demurrer is denied, the accused
may proceed with presenting his
evidence

Demurrer without leave of court- If

demurrer is denied, accused
waived his right to present
evidence
68. Effect if there is prejudicial
question

a. criminal case continues

b. civil case is suspended
c. criminal case is suspended
d. all of the above
68. Effect if there is prejudicial
question

a. criminal case continues

b. civil case is suspended
c. criminal case is suspended
d. all of the above
Effect if there is prejudicial
question: criminal case is
suspended

A prejudicial question is a
ground to suspend arraignment
69. Undertaking constituted as
lien on real property given as
security for the amount of bail

a. Corporate surety
b. Cash bond
c. Property bond
d. Recognizance
69. Undertaking constituted as
lien on real property given as
security for the amount of bail

a. Corporate surety
b. Cash bond
c. Property bond
d. Recognizance
Property Bond

Undertaking constituted as
lien on real property given as
security for the amount of bail
70. Which of the following
statements is true about
preliminary investigation?

a. It is a legislative function
b. It is an executive function
c. It is a judicial function
d. It is a legislative, executive
and judicial function
70. Which of the following
statements is true about
preliminary investigation?

a. It is a legislative function
b. It is an executive function
c. It is a judicial function
d. It is a legislative, executive
and judicial function
Preliminary investigation being
performed by the Prosecutor is
an executive function.
71. For an accused to become a state
witness, the following requisites must be
present except:

a. There is absolute necessity for the

testimony of the accused who discharge
is requested
b. There is no other direct evidence
available for the proper prosecution of the
c. Said accused does not appear to be the
most guilty
d. Said accused appears to be the most
guilty
71. For an accused to become a state
witness, the following requisites must be
present except:

a. There is absolute necessity for the

testimony of the accused who discharge
is requested
b. There is no other direct evidence
available for the proper prosecution of the
c. Said accused does not appear to be the
most guilty
d. Said accused appears to be the most
guilty
For an accused to become a state
witness, the following requisites must
be present:

1. There is absolute necessity for the

testimony of the accused who discharge
is requested

2. There is no other direct evidence

available for the proper prosecution of
the

3. Said accused does not appear to be

the most guilty
72. If the accused dies after
arraignment and during the
pendency of the criminal action,
his civil liability is

a. extinguished
b. not extinguished
c. suspended
d. All of the above
72. If the accused dies after
arraignment and during the
pendency of the criminal action,
his civil liability is

a. extinguished
b. not extinguished
c. suspended
d. All of the above
Effect of the Death of the Accused on Civil Action

If the accused died:

a. AFTER arraignment and during the pendency of

the criminal action- civil liability is
EXTINGUISHED

b. BEFORE arraignment- offended party may FILE

against the ESTATE of the deceased

c. PENDING appeal
-Civil liability arising from crime is EXTINGUISHED
73. Venue in criminal cases is
jurisdictional. It cannot be
transferred or subject to
stipulation of the parties. For
security reasons, the place of
trial may be transferred by

a. Court of Appeals
b. Supreme Court
c. Regional Trial Court
d. Municipal Trial Court
73. Venue in criminal cases is
jurisdictional. It cannot be
transferred or subject to
stipulation of the parties. For
security reasons, the place of
trial may be transferred by

a. Court of Appeals
b. Supreme Court
c. Regional Trial Court
d. Municipal Trial Court
Venue in criminal cases is
jurisdictional. It cannot be
transferred or subject to
stipulation of the parties.

For security reasons, the place

of trial may be transferred only
by the SUPREME COURT
74. It has appellate jurisdiction
over cases decided by the
Municipal Trial Court

a. Supreme Court
b. Court of Appeals
c. Regional Trial Court
d. None of the above
74. It has appellate jurisdiction
over cases decided by the
Municipal Trial Court

a. Supreme Court
b. Court of Appeals
c. Regional Trial Court
d. None of the above
Original jurisdiction- the court
hears the case at the first
instance

Appellate jurisdiction- the

court hears the case on
appeal
75. Jurisdiction is conferred by

a. Law
b. Parties
c. Contract
d. All of the above
75. Jurisdiction is conferred by

a. Law
b. Parties
c. Contract
d. All of the above
Jurisdiction is conferred by
law (Batas Pambansa Bilang
129)

It cannot be subject to
stipulation of parties.
76. If the offender is lawfully
arrested without a warrant, the
criminal action may be filed even
without first conducting a preliminary
investigation provided a _______ is
conducted.

a. Inquest
b. Criminal Investigation
c. Custodial Investigation
d. Tactical Interrogation
76. If the offender is lawfully
arrested without a warrant, the
criminal action may be filed even
without first conducting a preliminary
investigation provided a _______ is
conducted.

a. Inquest
b. Criminal Investigation
c. Custodial Investigation
d. Tactical Interrogation
Inquest

it is an informal and summary

investigation conducted by a public
prosecutor in criminal cases involving
persons arrested and detained without
the benefit of warrant of arrest issued
by the court for the purpose of
determining whether or not said
persons should remain under custody
and correspondingly be charged in
court
77. It refers to the official
announcement of Judgment

a. Declaration of Judgment
b. Announcement of Judgment
c. Promulgation of Judgment
d. Recording of Judgment
77. It refers to the official
announcement of Judgment

a. Declaration of Judgment
b. Announcement of Judgment
c. Promulgation of Judgment
d. Recording of Judgment
Promulgation of Judgment

It refers to the official

announcement of Judgment
78. It refers to a territorial unit
where the power of the court is
to be exercised

a. Venue
b. Jurisprudence
c. Jurisdiction
d. Trial courts
78. It refers to a territorial unit
where the power of the court is
to be exercised

a. Venue
b. Jurisprudence
c. Jurisdiction
d. Trial courts
Venue

It refers to a territorial unit

where the power of the court is
to be exercised
79. The act of setting the
witness face to face with the
accused shows the right of the

a. Right to Compulsory process

b. Right to Confrontation and
Cross Examine
c. Right to Speedy Trial
d. Right to Appeal
79. The act of setting the
witness face to face with the
accused shows the right of the

a. Right to Compulsory process

b. Right to Confrontation and
Cross Examine
c. Right to Speedy Trial
d. Right to Appeal
The act of setting the witness
face to face with the accused
shows the right of the Right to
Confrontation and Cross
Examine
80. Criminal cases where one of
the accused is a minor is within
the jurisdiction of

a. Municipal Trial Court

b. Court of Appeals
c. Family Court
d. All of the above
80. Criminal cases where one of
the accused is a minor is within
the jurisdiction of

a. Municipal Trial Court

b. Court of Appeals
c. Family Court
d. All of the above
Criminal cases where one of
the accused is a minor is
within the jurisdiction of
Family Courts
81. Filed to assail the validity of
the information for defects

a. Motion for Reconsideration

b. Motion to Dismiss
c. Motion to Quash
d. Motion for New Trial
81. Filed to assail the validity of
the information for defects

a. Motion for Reconsideration

b. Motion to Dismiss
c. Motion to Quash
d. Motion for New Trial
At any time before entering plea,
the accused may move to quash
the information or complaint
82. It refers to accusation in
writing charging a person with an
offense, subscribed by the
prosecutor and filed by him with
the court

a. Complaint
b. Information
c. Blotter
d. Any of the above
82. It refers to accusation in
writing charging a person with an
offense, subscribed by the
prosecutor and filed by him with
the court

a. Complaint
b. Information
c. Blotter
d. Any of the above
Information is filed by the
Prosecutor

Complaint is filed by the offended

party, any peace officer or any
public officer charged with the
law violated
83. It is an order issued by the
court reciting the actions taken,
the facts stipulated and the
evidence marked during the
pre-trial conference

a. Dismissal Order
b. Commitment Order
c. Pre-trial Order
d. Probation Order
83. It is an order issued by the
court reciting the actions taken,
the facts stipulated and the
evidence marked during the
pre-trial conference

a. Dismissal Order
b. Commitment Order
c. Pre-trial Order
d. Probation Order
Pre-trial Order

It is an order issued by the court

reciting the actions taken, the
facts stipulated and the evidence
marked during the pre-trial
conference
84. The following are the
requisites for a valid complaint
or information except:

a. in the name of People of the

Philippines
b. against all persons
responsible for the offense
involved
c. orally made
d. in writing
84. The following are the
requisites for a valid complaint
or information except:

a. in the name of People of the

Philippines
b. against all persons
responsible for the offense
involved
c. orally made
d. in writing
Requisites of a valid complaint or
information

1. in the name of People of the

Philippines

2. against all persons responsible

for the offense involved

3. in writing
85. Who among the following
cannot be subject to arrest?

a. congressman who committed

a crime punishable by arresto
mayor
b. Punong Barangay who
committed the crime of murder
c. Governor who committed the
crime of rape
d. all of the above
85. Who among the following
cannot be subject to arrest?

a. congressman who committed

a crime punishable by arresto
mayor
b. Punong Barangay who
committed the crime of murder
c. Governor who committed the
crime of rape
d. all of the above
A member of congress cannot be
arrested for the crime he/she
committed with an imposable
penalty of less than six years
86. What may an officer do if in
effecting arrest, he needs
assistance?

a. used unreasonable force

b. orally summon as many
persons to assist him in effecting
arrest
c. wait for back up
d. all of the above
86. What may an officer do if in
effecting arrest, he needs
assistance?

a. used unreasonable force

b. orally summon as many
persons to assist him in effecting
arrest
c. wait for back up
d. all of the above
In effecting an arrest, an
officer may orally summon as
many persons to assist him in
effecting arrest
87. The Head of office to whom
the warrant was delivered must
cause it to be executed within
___days from receipt of the
warrant of arrest

a. 30
b. 15
c. 20
d. 10
87. The Head of office to whom
the warrant was delivered must
cause it to be executed within
___days from receipt of the
warrant of arrest

a. 30
b. 15
c. 20
d. 10
87. The Head of office to whom
the warrant was delivered must
cause it to be executed within
___days from receipt of the
warrant of arrest

a. 30
b. 15
c. 20
d. 10
The Head of office to whom the
warrant was delivered must
cause it to be executed within
TEN (10) days from receipt of
the warrant of arrest
88. Adjudication by the court
that the accused is guilty or not
guilty of the offense charged

a. Arraignment
b. Judgment
c. Appeal
d. Trial
88. Adjudication by the court
that the accused is guilty or not
guilty of the offense charged

a. Arraignment
b. Judgment
c. Appeal
d. Trial
Judgment

Adjudication by the court that

the accused is guilty or not
guilty of the offense charged
89. Order of trial is:

a. Prosecution, rebuttal, defense,

submission for decision
b. Defense, prosecution, rebuttal,
submission for decision
c. Prosecution, defense, rebuttal,
submission for decision
d. Defense, rebuttal, prosecution,
submission for decision
89. Order of trial is:

a. Prosecution, rebuttal, defense,

submission for decision
b. Defense, prosecution, rebuttal,
submission for decision
c. Prosecution, defense, rebuttal,
submission for decision
d. Defense, rebuttal, prosecution,
submission for decision
Order of trial

1. Prosecution

2. Defense

3. Rebuttal

4. Submission for Decision

90. Which of the following is not
an exception to Search with
Warrant?

a. Consented Search
b. Search without Consent
c. Checkpoints
d. Enforcement of Custom Laws
90. Which of the following is not
an exception to Search with
Warrant?

a. Consented Search
b. Search without Consent
c. Checkpoints
d. Enforcement of Custom Laws
Search without Consent is not
an exception to Search without
a search warrant.
91. It refers to the lawyer
appointed by the court to represent
the accused

a. Counsel de parte
b. Notary Public
c. Amicus Curae
d. Counsel de officio
91. It refers to the lawyer
appointed by the court to represent
the accused

a. Counsel de parte
b. Notary Public
c. Amicus Curae
d. Counsel de officio
Counsel de officio

It refers to the lawyer appointed

by the court to represent the
accused
92. Presumption of innocence
can only be overcome by what
quantum or weight of evidence

a. preponderance of evidence
b. proof beyond reasonable
doubt
c. substantial evidence
d. all of the above
92. Presumption of innocence
can only be overcome by what
quantum or weight of evidence

a. preponderance of evidence
b. proof beyond reasonable
doubt
c. substantial evidence
d. all of the above
Presumption of innocence
can only be overcome by
proof beyond reasonable
doubt
93. Which of the following is NOT true
about preliminary investigation?

a. It is the determination of the guilt

of the accused
b. It is merely inquisitorial
c. The right of an accused to a
preliminary investigation is not a
constitutional right
d. Lack of preliminary investigation is
not a ground to quash
93. Which of the following is NOT true
about preliminary investigation?

a. It is the determination of the guilt

of the accused
b. It is merely inquisitorial
c. The right of an accused to a
preliminary investigation is not a
constitutional right
d. Lack of preliminary investigation is
not a ground to quash
Preliminary investigation is
merely inquisitorial.

It does not determination of the

guilt of the accused
94. Private crimes may only be
prosecuted by a complaint filed
by

a. Police officer
b. offended party
c. any public officer
d. all of the above
94. Private crimes may only be
prosecuted by a complaint filed
by

a. Police officer
b. offended party
c. any public officer
d. all of the above
Who files criminal actions?
General Rule: All criminal actions
initiated by complaint or information are
filed by the Prosecutor

Exceptions: Private Crimes

1. Adultery and Concubinage
2. Seduction, Abduction and Acts of
Lasciviousness

In private crimes, ONLY THE OFFENDED

PARTY may file the complaint
95. Arrest can be made at

a. daytime
b. night time
c. any time of day and night
d. none of the above
95. Arrest can be made at

a. daytime
b. night time
c. any time of day and night
d. none of the above
Arrest can be made at any
time of day and night
including Saturdays and
Sundays
96. Which of the following is not a
requisite of a valid warrant of
arrest?

a. Issued upon probable cause

b. Probable cause determined by
the judge
c. Probable cause determined by
the Prosecutor
d. In connection with specific
offense or crime
96. Which of the following is not a
requisite of a valid warrant of
arrest?

a. Issued upon probable cause

b. Probable cause determined by
the judge
c. Probable cause determined by
the Prosecutor
d. In connection with specific
offense or crime
In issuing warrant of arrest,
probable cause is determined
by the judge.
97. Judgment can only be
rendered after trial. This
illustrates the right of the accused
to

a. Bail
b. Due process
c. Appeal
d. Compulsory process
97. Judgment can only be
rendered after trial. This
illustrates the right of the accused
to

a. Bail
b. Due process
c. Appeal
d. Compulsory process
Right of the accused to due
process

Judgment can only be rendered

after trial.
98. It happens if it was made
without proper advice or recklessly
entered by the accused without
comprehending its seriousness

a. Improvident arraignment
b. Improvident plea
c. Improvident Judgment
d. Improvident trial
98. It happens if it was made
without proper advice or recklessly
entered by the accused without
comprehending its seriousness

a. Improvident arraignment
b. Improvident plea
c. Improvident Judgment
d. Improvident trial
Improvident Plea

It happens if it was made without

proper advice or recklessly
entered by the accused without
comprehending its seriousness
99. MTC, RTC, MCTC, SC are what
kind of courts?

a. civil
b. special
c. criminal
d. regular
99. MTC, RTC, MCTC, SC are what
kind of courts?

a. civil
b. special
c. criminal
d. regular
MTC, RTC, MCTC, SC are regular
courts
100. Chain Smoker was
apprehended for smoking the
streets of Mausok City. He violated
the Anti-Smoking Ordinance.
Violation of an ordinance is within
the jurisdiction of:

a. Municipal Trial Court

b. Sandiganbayan
c. Supreme Court
d. Barangay
100. Chain Smoker was
apprehended for smoking the
streets of Mausok City. He violated
the Anti-Smoking Ordinance.
Violation of an ordinance is within
the jurisdiction of:

a. Municipal Trial Court

b. Sandiganbayan
c. Supreme Court
d. Barangay
Violation of an ordinance is
within the jurisdiction of
Municipal Trial Court
Additional Questions
Criminal Procedure
101. The accused may be allowed
by the trial court to plead guilty to
a lesser offense which is
necessarily included in the offense
charged with the prior express
consent of

a. Public prosecutor
b. Offended party
c. Accused and his counsel
d. Public prosecutor and the
offended party
101. The accused may be allowed
by the trial court to plead guilty to
a lesser offense which is
necessarily included in the offense
charged with the prior express
consent of

a. Public prosecutor
b. Offended party
c. Accused and his counsel
d. Public prosecutor and the
offended party
102. The following is a requisite of
a valid warrant of arrest except:

a. Issued upon probable cause

b. Probable cause determined by
the judge
c. Probable cause determined by
the Prosecutor
d. In connection with specific
offense or crime
102. The following is a requisite of
a valid warrant of arrest except:

a. Issued upon probable cause

b. Probable cause determined by
the judge
c. Probable cause determined by
the Prosecutor
d. In connection with specific
offense or crime
103. Which of the following
statements is true about
preliminary investigation?

a. It is a legislative function
b. It is an executive function
c. It is a judicial function
d. It is a legislative, executive
and judicial function
103. Which of the following
statements is true about
preliminary investigation?

a. It is a legislative function
b. It is an executive function
c. It is a judicial function
d. It is a legislative, executive
and judicial function
104. Which of the following
constitutes waiver of any
irregularity attending arrest?

a. Posting Bail
b. Entering a Plea
c. Filing a petition for bail
d. All of the above
104. Which of the following
constitutes waiver of any
irregularity attending arrest?

a. Posting Bail
b. Entering a Plea
c. Filing a petition for bail
d. All of the above
105. Jurisdiction over the person
of the accused may be acquired
through

a. Conviction
b. Acquittal
c. Arrest
d. Bail
105. Jurisdiction over the person
of the accused may be acquired
through

a. Conviction
b. Acquittal
c. Arrest
d. Bail
106. Who conducts preliminary
examination?

a. PAO Lawyer
b. Prosecutor
c. Judge
d. Congressman
106. Who conducts preliminary
examination?

a. PAO Lawyer
b. Prosecutor
c. Judge
d. Congressman
107. A principle that the accused
cannot be charged again when he
has been convicted or acquitted or
the case against him dismissed or
otherwise terminated without his
express consent by a court of
competent jurisdiction.

a. Due process
b. Double jeopardy
c. Prescription of crime
d. Prescription of penalty
107. A principle that the accused
cannot be charged again when he
has been convicted or acquitted or
the case against him dismissed or
otherwise terminated without his
express consent by a court of
competent jurisdiction.

a. Due process
b. Double jeopardy
c. Prescription of crime
d. Prescription of penalty
108. It refers to the adjudication
by the court that the accused is
guilty or not guilty of the offense
charged, and the imposition of
proper penalty and civil liability
provided for by law on the
accused.

a. Conviction
b. Resolution
c. Judgment
d. Conclusion
108. It refers to the adjudication
by the court that the accused is
guilty or not guilty of the offense
charged, and the imposition of
proper penalty and civil liability
provided for by law on the
accused.

a. Conviction
b. Resolution
c. Judgment
d. Conclusion
109. Which of the following statements is
correct regarding finality of judgments?

a. A judgment becomes final if the

accused does not waive in writing his
right to appeal
b. A judgment becomes final if the
accused files appeal
c. A judgment becomes final upon the
lapse of five days from its promulgation
d. A judgment becomes final if the
accused applies for probation
109. Which of the following statements is
correct regarding finality of judgments?

a. A judgment becomes final if the

accused does not waive in writing his
right to appeal
b. A judgment becomes final if the
accused files appeal
c. A judgment becomes final upon the
lapse of five days from its promulgation
d. A judgment becomes final if the
accused applies for probation
110. It refers to the formal mode
and manner of implementing the
constitutional right of an accused
to be informed of the nature and
cause of accusation against him

a. Subpoena
b. Notice
c. Hearing
d. Arraignment
110. It refers to the formal mode
and manner of implementing the
constitutional right of an accused
to be informed of the nature and
cause of accusation against him

a. Subpoena
b. Notice
c. Hearing
d. Arraignment
111. The following rights of the
accused may be waived except:

a. Right to confrontation
b. Right to compulsory process
c. Right to be informed of the nature
and cause of accusation against
him
d. Right to appeal
111. The following rights of the
accused may be waived except:

a. Right to confrontation
b. Right to compulsory process
c. Right to be informed of the nature
and cause of accusation against
him
d. Right to appeal
112. In case of doubt on the
existence of probable cause, the
judge may order

a. the case dismissed

b. prosecutor to present additional
evidence
c. accused to present evidence
d. all of the above
112. In case of doubt on the
existence of probable cause, the
judge may order

a. the case dismissed

b. prosecutor to present additional
evidence
c. accused to present evidence
d. all of the above
113. In arraignment, the
information must be read to the
accused in

a. English language always

b. language or dialect known to
the accused
c. no requirement of reading
d. language known to the counsel
113. In arraignment, the
information must be read to the
accused in

a. English language always

b. language or dialect known to
the accused
c. no requirement of reading
d. language known to the counsel
114. Which of the following is not a
valid search without warrant?

a. Search incidental to lawful

arrest
b. Search in Plain View
c. Search at the discretion of the
police officer
d. Custom search
114. Which of the following is not a
valid search without warrant?

a. Search incidental to lawful

arrest
b. Search in Plain View
c. Search at the discretion of the
police officer
d. Custom search
115. In the prosecution for the crime of
rape, accused Boy Sakalam volunteered to
present evidence first ahead of the
prosecution. Can Boy Sakalam present
evidence first without violating the rules?

a. Yes, for the speedy disposition of the

case
b. Yes, accused has the option to present
first
c. No, it violates accused right to be
presumed innocent
d. No, it needs the approval of the court
115. In the prosecution for the crime of
rape, accused Boy Sakalam volunteered to
present evidence first ahead of the
prosecution. Can Boy Sakalam present
evidence first without violating the rules?

a. Yes, for the speedy disposition of the

case
b. Yes, accused has the option to present
first
c. No, it violates accused right to be
presumed innocent
d. No, it needs the approval of the court
116. Officers authorized to
conduct preliminary
investigation, except

a. City or Provincial Prosecutor

b. National Prosecutor
c. Judges in MTC
d. Ombudsman
116. Officers authorized to
conduct preliminary
investigation, except

a. City or Provincial Prosecutor

b. National Prosecutor
c. Judges in MTC
d. Ombudsman
117. Jurisdiction is conferred
by

a. Contract
b. Parties
c. Law
d. All of the above
117. Jurisdiction is conferred
by

a. Contract
b. Parties
c. Law
d. All of the above
118. Effect if there is
prejudicial question

a. criminal case continues

b. civil case is suspended
c. criminal case is suspended
d. all of the above
118. Effect if there is
prejudicial question

a. criminal case continues

b. civil case is suspended
c. criminal case is suspended
d. all of the above
119. Which of the following
illustrates a case of plea
bargaining?

a. Murder to Rape
b. Homicide to Murder
c. Murder to Homicide
d. Homicide to Attempted
Murder
119. Which of the following
illustrates a case of plea
bargaining?

a. Murder to Rape
b. Homicide to Murder
c. Murder to Homicide
d. Homicide to Attempted
Murder
120. Which of the following is
an instance of automatic
cancellation of bail?

a. Acquittal of the accused

b. Dismissal of the case
c. Execution of judgment of
conviction
d. All of the above
120. Which of the following is
an instance of automatic
cancellation of bail?

a. Acquittal of the accused

b. Dismissal of the case
c. Execution of judgment of
conviction
d. All of the above
Thank you for listening!