Republic of the Philippines

JOSE RIZAL MEMORIAL STATE UNIVERSITY

Dipolog Campus, Dipolog City
COLLEGE OF CRIMINAL JUSTICE EDUCATION

CRIMINAL PROCEDURE

_____1) Which of the following is the purpose of designating cause of accusation?

a) To inform the prosecution of the proper charges c) To enable the accused to make a defense
b) To enable the Court to pronounce proper judgment d) All Except A
_____2) It means the joinder of two or more separate and distinct or different offenses in one and the same information
or complaint.
a) Joinder of Actions b) Duplicity of Offense c) Single Complaint d) None of the Options

_____3) Involves either formal or substantial changes in the information or complaint field before the court.
a) Substitution b) Amendment c) Replacement d) All of the options
_____4) When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense
shall be deemed instituted with the criminal action. Is the statement true?
a) The statement is True b) The statement is false c) It depends upon the judge d) None
_____5) Can criminal cases be compromised?
a) Yes b) No c) It depends upon the parties d) It depends upon the prosecutor
_____6) _______________ may proceed independently of the criminal case at the same time without the suspension of
either proceeding.
a) Special Civil Action b) Independent Civil Action c) Special Crimes d) Independent Criminal Action
_____7) What is the degree of proof required in a criminal case?
a) Proof of guilt beyond reasonable doubt c) Substantial Evidence
b) Preponderance of evidence d) None of the options
_____8) What is the degree of proof required in a civil case?
a) Proof of guilt beyond reasonable doubt c) Substantial Evidence
b) Preponderance of evidence d) None of the options
_____9) Prescribes the methods of enforcing rights or obtaining redress of wrongs.
a) Substantive Law b) Remedial Law c) Procedural Law d) Both B and C
_____10) Part of the law which creates, defines or regulates rights concerning life, liberty or property.
a) Adjective Law b) Substantive Law c) Procedural Law d) Remedial Law
_____11) If the rule takes away a vested right, it is procedural. Is the statement correct?
a) Yes b) No c) It depends upon the Court d) It depends upon the Judge
_____12) Substantive law is created by Congress. Is the statement correct?
a) Yes b) No c) It depends upon the Court d) It depends upon the President
_____13) Substantive law is generally retroactive. Is the statement correct?
a) Yes b) No c) It depends upon the Court d) It depends upon the Judge
_____14) The following are functions of Courts, except:
a) Make the law b) Apply the law c) Interpret the law d) Decide actual controversies
_____15) It is an organ of the government belonging to the judicial department, whose function is the application of laws to
controversies brought before it and the public administration of justice.
a) Senate b) Court c) Congress d) Department of Justice
_____16) Which is not a regular Court?
a) Regional Trial Court b) Supreme Court c) Court of Tax Appeals d) Court of Appeals
_____17) Which of the following is a special court?
a) Sandiganbayan b) Shari’a District Court c) Municipal Trial Court d) Both A and B
_____18) It is the power and authority of a court to try, hear, and decide a case and the power to enforce its determination.
a) Justice b) Jurisdiction c) Judgment d) Sentence
_____19) A branch of municipal law which defines crimes, treats of their nature and provides for their punishment.
a) Criminal procedure b) Criminal law c) Criminal justice d) All of the options
_____20) Lays down the procedure by which an offender is made to answer for the violation of the criminal laws.
a) Criminal justice b) Prosecution c) Criminal procedure d) Preliminary investigation

_____21) Refers to the authority of the court over the person charged with an offense.
a) Jurisdiction over the subject matter c) Jurisdiction over the territory
b) General jurisdiction d) Jurisdiction over the person of the accused
_____22) It is one by which the State prosecutes a person for an act or omission punishable by law.
a) Civil action b) Judicial action c) Criminal action d) None of the options
_____22) Generally, the ____________________ shall prosecute, direct, and control all criminal actions commenced by a
complaint or information.
a) Police Officer b) Private Person c) Private Prosecutor d) Public Prosecutor
_____23) The following are instances where a private prosecutor can validly prosecute a case, except:
 a)As authorized by the offended party c) As authorized by the Regional State Prosecution
b) As authorized by the Chief Prosecution Office d) By the court’s approval
_____24) These are crimes or offenses which cannot be prosecuted except on complaint filed by the offended party or if
the offended party is a minor, by the grandparents or guardians.
a) Public crimes b) Crimes against the State c) Private crimes d) Crimes against humanity
_____25) Which of the following crimes is that which cannot be prosecuted de officio?
a) Physical injuries b) Seduction c) Homicide d) Robbery
_____26) Who may prosecute offenses which cannot be prosecuted de officio?
a) Public Prosecutor b) Offended Party c) Police Officer d) Private Prosecutor
_____27) _____________________ is derived from the law and can never be acquired solely by the consent of the
accused.
a) Jurisdiction over the territory c) Jurisdiction over the person of the accused
b) General jurisdiction d) Jurisdiction over the subject matter
_____28) The offense must have been committed or any of its essential ingredients took place within the territorial
jurisdiction of the court.
a) Jurisdiction over the territory c) Jurisdiction over the person of the accused
b) General jurisdiction d) Jurisdiction over the subject matter
_____29) How is jurisdiction determined?
a) Based on evidence gathered c) Based on the allegations in the complaint or information
b) Based on proof d) Based on the appreciation of evidence by the Court
_____30) Provides that once jurisdiction is vested in the court, it is retained up to the end of litigation.
a) Principle of Hierarchy of Courts c) Doctrine of Primary Jurisdiction
b) Principle of Adherence of Jurisdiction d) Doctrine of Exhaustion of Administrative Remedy
_____31) _______________ is a quasi-judicial officer and a representative of sovereignty whose obligation to govern
impartially is as compelling as its obligation to govern at all.
a) Police Officer b) Judge c) Public Prosecutor d) Clerk of Court
_____32) How long will the authority of the private prosecutor last?
a) Until end of trial unless revoked c) Until cross examination is done
b) Until the presentation of evidence is done d) None of the options
_____33) _______________ 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 b) Complaint c) Pleadings d) Police report
_____34) ______________ is an accusation in writing charging a person with an offense, subscribed by the prosecutor
and filed with the court.
a) Subpoena b) Pleadings c) Complaint d) Information
_____35) The complaint or information shall be in writing, in the name of the ___________________ against all persons
responsible for the offense involved.
a) Republic of the Philippines b) Private Offended Party c) People of the Philippines d) None
_____36) Does a warrant of arrest expire?
a) Yes b) No c) It depends upon the judge d) It depends upon the prosecutor
_____37) How long is a search a search warrant valid?
a) 15 days b) 20 days c) 10 days d) it remains always valid once issued
_____38) How long is a warrant of arrest valid?
a) 15 days b) 20 days c) 10 days d) it remains always valid once issued
_____39) _________ is the security given for the release of a person in custody of the law to guarantee his appearance before the
Courts of Justice to answer for the offense committed.
a) Guaranty b) Surety c) Bail d) None of the options
_____40) When is bail a matter of discretion?
a) When offense is punishable by death c) When offense is punishable by reclusion perpetua
b) When offense is punishable by reclusion temporal d) Both A and C
_____41) The authority of the court to take cognizance of the case in the first instance.
      a) Appellate Jurisdiction c) Original Jurisdiction
c) General Jurisdiction d) Exclusive Jurisdiction   
_____42) A person designated by the court to assist destitute litigants.
a) Counsel de officio c)   Attorney on record
b) Attorney at law d)     Special counsel                  
_____43) . It refers to a territorial unit where the power of the court is to be exercised.
         a)  jurisdiction      b)  jurisprudence c) venued) bench   
_____44) An offense committed by a married woman through carnal knowledge with a man not her husband
who knows her to be  married, although the marriage can be later declared void.
a) concubinage     b) bigamy c) adultery d) immorality                                     
_____45) The willful and corrupt assertion of falsehood under oath of  affirmation, administered by authority of
law on a material matter. 
a) libel    b) falsification c) perjury d) slander      
_____46) . If the accused refuse to plead, or make conditional plea of guilty, what shall be entered for him?
          a) a plea of not guilty b) a plea of guiltyc) a plea of mercy d) a plea of surrender     
_____47) At what time may the accused move to quash the complaint or information?
          a) at any time before his arrest b) only after entering his plea
          c) any time before entering his plea d) Monday morning                                                            _____48) The
process whereby the accused and the prosecutor in a criminal case work out a mutually
satisfactory disposition on the case subject to court approval.
a) Arraignment b) Plea bargaining c) Preliminary investigation    d) Trial         
_____49) The examination before a competent tribunal, according to the laws of the land, of the acts in issue in
a case, for the purpose of determining such issue.
          a)   Trial b) Arraignment c) Pre-trial d) Judgment
_____50) The adjudication by the court that the accused is guilty or is not guilty of the offense charged, and the
imposition of the proper penalty
a)     Trial b) Pre-trial c) Arraignment       d) Judgment     
_____51) It is an inquiry or proceeding for the purpose of determining whether there is sufficient ground to
engender a well founded belief that an offense has been committed and the offender is probably guilty thereof and should  be
held for trial.
a) pre-trial b) Arraignment c) preliminary investigation    d) plea bargaining          
_____52) Personal property that can be subjects for search and seizure.
a) used or intended to be used  as means in committing an offense c) subject of the offense
b) stolen or embezzled and other proceeds or fruits of the offense d) all of the above
_____53) This right of the accused is founded on the principle of justice and is intended not to protect the guilty
but to prevent as far as human agencies can the conviction of an innocent person.
a) right to due process of law c) right to remain silent
b) presumption of innocence d) right against self-incrimination                             
_____54) One, who at the time of his trial for one crime shall have been previously convicted by final judgment
of another crime embraced in the same title of the Revised Penal Code. 
a) Recidivism b) habitual delinquency c) reiteracion d) quasi-recidivism                            
_____55) The law hears before it condemns, proceeds upon inquiry and render judgment after a fair trial.
a) ex post facto law c) rule of law 
b) equal protection of the law d) due process of law                                              
_____56) A person if within a period of 10 years from the date of his release or last conviction of the crime of
serious or less serious physical injuries, robbery, theft, estafa or falsification, he is found guilty of any of the said crimes a
third time or oftener.
a) Recidivist b) quasi-recidivist c) habitual delinquent d) hardened criminal
_____57) A method fixed by law for the apprehension and prosecution of persons alleged to have committed a
crime, and or their punishment in case of conviction.
a) Criminal Law b) Criminal Evidence c) Criminal Procedure d) Criminal  Jurisprudence     
_____58) The taking of a person into custody in order that he may be bound to answer for the commission of an
offense. 
a) Search     b) Seizure   c) Arrest      d) Detention 
_____59) There are _____ justices that composed the Supreme Court including
the chief justice.
a) 15 b) 12 c) 20 d) 24
_____60) The prosecutor in court hearing represents the;
a) Plaintiff b) Defendant c) Police investigator d) The State and the people
_____61) This process see to it that no person will be deprived of life, liberty, or property without notice of
charges, legal counsel, a hearing, and an opportunity to confront accusers.
a) Plea bargaining b) Booking c) Bail d) Due process
_____62) What will happen to the sentence rendered by the court to a boy of 10 who raped a girl of his age?
a) Mitigated b) Suspended c) Serve d) Commuted
_____63) Which of the following is the exemption to the hearsay rule made under the consciousness of an
impending death?
a) Parol Evidence b) Ante mortem statement c) Suicide note d) Dead man statute
_____64) The unauthorized act of a public officer who compels another person to change his residence.
a) violation of domicile    b) arbitrary detention c) expulsion d) direct assault                               
_____65) The deprivation of a private person of the liberty of another person without legal grounds. a) illegal
detention    b) arbitrary detention c) forcible abduction d) forcible detention
_____66) Those who, not being principals cooperate in the execution of the offense by previous or
simultaneous acts.
a) Accomplices b) Suspects c) Principal actors d) Accessories              
_____67) The loss or forfeiture of the right of the government to execute the final sentence after the lapse of a
certain time fixed by law.
a) prescription of crime c) prescription of judgment    
b) prescription of prosecution d) prescription of penalty  
_____68) The failure to perform a positive duty which one is bound to.
a) Negligence b) imprudence c) omission d) act               
_____69) It is evidence of the same kind and to the same state of facts.
          A.    secondary evidence
          B.    prima facie evidence
          C.    corroborative evidence
          D.    best evidence                                                                                                                                     
_____70) It is that which, standing alone, unexplained or uncontradicted is 
     sufficient to maintain the proposition affirmed.
          A.    secondary evidence
          B.    prima facie evidence
          C.    corroborative evidence
          D.    best evidence                                                                                                                                   
_____71) A form of evidence supplied by written instruments or derived  
     from conventional symbols, such as letters, by 
     which ideas are represented on material substances.
          A.    documentary evidence
          B.    testimonial evidence
          C.    material evidence
          D.    real evidence
_____72) All persons who can perceive and perceiving, can make known 
     their perception to others.
          A.    Suspects
          B.    witnesses
          C.    victims
          D.    informers                                                                                                                                          
_____73) The unlawful destruction or the bringing forth prematurely, of 
     human fetus before the natural time of birth which results in 
     death.
          A.    abortion    
          B.    infanticide
          C.    murder
          D.    parricide                                                                                                                                           
_____74) A question which arises in a case the resolution of which is the 
     logical antecedent of the issue involved in said case and the 
     cognizance of which pertains to another tribunal. 
          A.    legal question
          B.    juridical question
          C.    prejudicial question 
          D.    judicial question                                                                                                                                
_____75) Infanticide is committed by killing a child not more than….
          A.    36 hours
          B.    24 hours
          C.    48 hours
          D.    72 hours
_____76) Ignorance of the law excuses no one from compliance therewith.
          A.    ignorantia legis non excusat    
          B.    parens patriae
          C.    res ipsa loquitur
          D.    dura lex sed lex
_____77) An act or omission which is a result of a misapprehension of facts 
     that is voluntary but not intentional.
          A.    impossible crime
          B.    mistake of facts
          C.    accidental crime
          D.    complex crime                                                                                                                                    
_____78) An act which would be an offense against persons or property if 
     it was not for the inherent impossibility of its accomplishment.
          A.    compound crime
          B.    impossible crime
          C.    complex crime
          D.    accidental crime                                                                                                                                  
_____79) The quality by which an act may be subscribed to a person as its 
     owner or author
          A.    responsibility    
           B.    duty
          C.    guilt
          D.    imputability                                                                                                                                       
_____80) Is pre-trial mandatory in criminal cases?
a) Yes b) No c) It depends upon the party d) It depends upon the judge
Problem No. 1
Mr. Panot rode on a bus from Zamboanga City going to Dipolog City. Along the way, Mr. Panot had a heated argument with Mr. Pisot
which eventually led to a fight while inside the bus. Mr. Panot, who was able to bring a small knife, stabbed Mr. Pisot in the chest. Mr.
Pisot however survived the attack due to immediate medical intervention given in Sindangan District Hospital. He now wants to file a
case of frustrated homicide against Mr. Panot.
81) In the above scenario, where can complaint be instituted?
a) Either Zamboanga City, Sindangan and Dipolog City only
b) Either Zamboanga City or Dipolog City only
c) Either Zamboanga City, Sindangan, or other municipalities where the bus passed by including Dipolog City
d) Either Zamboanga City, Sindangan, or other municipalities where the bus passed by excluding Dipolog City
e) Only in the exact place where the stabbing occurred.
82) In Problem 1, assuming that the case was not filed with the court which has jurisdiction, can the case be dismissed by the court at
once?
a) Yes, if the Court finds it really l has no jurisdiction to try the case and without prejudice to its filing in the court with proper
jurisdiction.
b) No, because the case has already been filed in court
c) It depends upon the judge in the court.
d) Yes, provided that the case shall not be filed again with another court.
e) No, because the plaintiff has the right to select in which court shall the criminal action be filed.
83) In the same problem, given that the case was dismissed on the ground of lack of jurisdiction, can such case be filed again with
another court which has the proper jurisdiction?
a) Yes, it can be filed with the court with the proper jurisdiction.
b) No, because the accused can be subjected to double jeopardy.
c) No, because the court already acquired jurisdiction from the moment it was filed in Court
d) Yes, at the discretion of the judge.
e) None of the options are correct.
84) Who will handle or prosecute the case of frustrated homicide of Mr. Pisot?
a) The Judge c) The Police e) Private Lawyer
b) The Prosecutor d) The Witness
85) In what particular court should the case be filed?
a) In the Municipal Trial Court c) In the Sandiganbayan
b) In the Regional Trial Court d) In the Court of Appeals
e) In the Supreme Court
Problem 2:
Police Officer Dalisay went to the dwelling or house of Mr. Adik and conducted a search without a search warrant. In the course of the
search, they found drugs, drug paraphernalia and some unregistered firearms. They confiscated such items, marked them and took
pictures of them for purposes of presenting them in court as evidence.
86) In Problem 2, was the search conducted by Police Officer Dalisay proper?
a) Yes. c) It depends upon the judge e) None of the options
b) No. d) It depends upon the police
87) Based on the same problem, can the police validly confiscate the drugs, drug paraphernalia and the unlicensed firearms?
a) Yes. c) It depends upon the judge e) None of the options
b) No. d) It depends upon the police
88) In problem 2, can the confiscated materials be validly presented in court as evidence against Mr. Adik with the latter’s objection?
a) Yes. c) It depends upon the judge e) None of the options
b) No. d) It depends upon the police
89) In the same problem, is the arrest of Mr. Adik valid?
a) Yes. c) It depends upon the judge
c) No. d) It depends upon the police e) None of the options
90) If there is a valid arrest, is the preceding search also valid? And can any evidence in relation of the search be used as evidence in
court?
a) Yes. c) It depends upon the judge e) None of the options
b) No. d) It depends upon the police
91. Before a court can acquire jurisdiction over criminal cases, the following basic requisites must be present, except:
a) Jurisdiction over all persons suspected to be involved in the commission of the criminal act.
b) Jurisdiction over the territory where the offense was committed or where any of its essential ingredients took place.
c) Jurisdiction over the subject matter which refers to the authority of the court to hear and determine a particular criminal case.
d) Jurisdiction over the person of the accused acquired either through his valid arrest or his voluntary submission to the jurisdiction of the
court.
e) None of the options are correct.
92. Where a crime of homicide was committed in Quezon City but the criminal action was instituted and is to be prosecuted in Malolos,
Bulacan, the error is:
a) merely procedural and a motion to quash or dismiss will not lie.
b) one of the venue and the case may be dismissed for improper venue.
c) one of the jurisdiction because in a criminal case venue is jurisdictional.
d) Procedural and the defect is waivable.
e) None of the options.
93. When the offense is committed in a train, aircraft, or other public or private vehicle in the course of its trip, the criminal action shall be
instituted and tried in the court of:
a) any municipality where the vehicle passed during the trip, excluding the place of departure.
b) any municipality where the vehicle passed during the trip, excluding the place or arrival.
c) any municipality where the vehicle passed during the trip, excluding the place of arrival and departure.
d) any municipality or territory where the vehicle passed during the trip, including the place of departure and arrival.
e) any municipality regardless of the route of the vehicle as selected by the offended party.
94. The jurisdiction of the court to try a criminal case is to be determined by the statute in force as of the date:
a) the offense was committed.
b) the criminal action was instituted .
c) when the trial commenced.
d) when the accused was arrested.
e) the date is not material so long as there is a law.
95. In determining whether or not the court has jurisdiction over an offense, the court should consider:
a) the penalty actually imposed on the accused
b) the penalty borne out of the evidence offered during the trial
c) the extent of the penalty which the law imposes for the offense described in the information
d) the penalty to be imposed considering all the circumstances attending the commission of the crime
e) the gravity of the offense committed by the accused
96. As a rule, the Court will not issue writs of prohibition or injunction, final or preliminary, to enjoin or restrain a criminal prosecution,
except in extreme cases. Which does not belong to the exception?
a) Where the court obviously has no jurisdiction over the offense.
b) When double jeopardy is clearly apparent.
c) When there is a prejudicial question that must be resolved first.
d) When a motion to quash has already been sustained.
e) All of the options are correct.
97. Which of the following does not fall under the criminal jurisdiction of the Municipal Trial Court?
a) Violation of BP 22 or the Bouncing Checks Law
b) Offenses involving damage to property through criminal negligence
c) Offenses punishable by imprisonment not exceeding four years irrespective of the fines and other accessory penalties
d) Offenses punishable by imprisonment not exceeding six years irrespective of the fines and other accessory penalties.
e) Rape cases.
98. Which of the following does not fall under the criminal jurisdiction of the Regional Trial Court?
a) Written defamation under Article 360 of the Revised Penal Code
b) Exclusive appellate jurisdiction over all cases decided by the MTC within its territorial jurisdiction
c) Violations of the intellectual property rights
d) Violations of the Bouncing Checks Law
e) Case of Murder
99. Which of the following statements characterizes an information?
a) It charges a person with an offense against persons.
b) It is subscribed by any peace officer or other public officer charged with the enforcement of the law violated.
c) It is a sworn written statement.
d) It is an accusation in writing.
e) Subscribed by any public officer charged with the enforcement of the law violated
100. It is not a characteristics of a complaint.
a) It is an accusation in writing.
b) It is a sworn statement in writing.
c) It may be subscribed by the offended party.
d) It charges a person with an offense.
e) Subscribed by any peace officer

                                                                                           
                                                                                                                

                                                                                                                          
                                                                                                                                                                                    

Good Luck and God Bless!