CRIMINAL

PROCEDURE
1. If an information was filed in the RTC Manila charging D
with homicide and he was arrested in Quezon city. In what
court or courts may he apply for bail
A. D may apply for bail in RTC Manila
B. D may apply for bail in in the RTC Quezon City where he
was arrested
C. If no Judge is available in RTC of Quezon city, D may
apply for bail with any metropolitan trial judge, municipal
trial judge or Municipal circuit trial judge therein
D. All of the above
2. What is the nature of the right to preliminary
investigation?
A. Inquisitorial

B. Personal
C. Constitutional
D. Both a and b
E. All of the above
3. The independent civil action may proceed separately and
independently with the criminal action, which the criminal
action is based on the same act or omission of the defendant.
Said civil actions are those provided in the Civil Code:
a. Articles 32, 33, 34
b. Articles 2176
c. All of the foregoing
d. None of the foregoing
4. The death of the accused after arraignment and during the
pendency of criminal actions shall extinguished?
a. The independent civil action
b. The civil liability arising from delict
c. The case shall be dismissed
d. The civil liability arising from other sources of
obligation
5. When the criminal action has been filed in court for trial, the
petition to suspend criminal action base on prejudicial question should
be filed in.

A. Office of the prosecutor

B. Court conducting the preliminary investigation

C. The same criminal action at any time before the prosecution

rests.

D. All of the above.

6. An amicable settlement was signed before a lupon Tagapamayapa on January 3 2001 .On
July 6 2001 ,the prevailing party asked the lupon to executive the amicable settlement because
of non compliance by the other party of the terms of the agreement. The lupon concerned
refused to execute the settlement /agreement. Is the Lupon correct in refusing to execute the
settlement /agreement ?

A. Yes the lupon is correct in refusing to execute the settlement /agreement because the
execution sought is already beyond the period of six months from the date of the
settlement within which the lupon is authorized to execute

B. Yes the lupon is correct in refusing to execute the settlement /agreement because the
execution sought is already beyond the period of three monhts from the date of the
settlement within which the lupon is authorized to execute

C. Yes the lupon is correct in refusing to execute the settlement /agreement because the
execution sought is already beyond the period of 1 year from the date of the settlement
within which the lupon is authorized to execute

D. Yes the lupon is correct in refusing to execute the settlement /agreement because the
execution sought is already beyond the period of one months from the date of the
settlement within which the lupon is authorized to execute
7. Preliminary examination is. judicial function, while preliminary
investigation is ________________

A. An executive function

B. judicial function

C. An administrative function

D. legislative function
8. what damages is awarded for a crime attended by aggravating
circumstances?

A. Actual damages

B. Moral damages

C. Exemplary damages
D. Nominal damages
9. Armando was charged with frustrated homicide ,before he entered his plea and
upon the advice of his counsel he manifested his willingness to admit having
committed the offense of serious physical injuries .the prosecution then filed an
amended information for serious physical injuries against Armando . what action
should the prosecution take so that the amended information against Armando which
downgrade the nature of the offense could be validly made

A. Without leave of court with notice to the offended party

B. With leave of court with notice to the offended party

C. Without leave of court subject to approval of the court

D. With leave of court subject to approval of the court

10. The illegality of arrest can be questioned by the arrested person
before the court.

A. At any time during proceeding

B. before entering the plea

C. After posting bail

D. before the pre-trial conference

11. The head of the prosecution office will assess the complaint for
sufficiency in form and completeness of evidence before the complaint
is docketed.

A. Filing of complaint

B. Case build up

C. Prima facie evidence

D. Case assessment
12. For cases under the revised rule of summary procedure no warrant
shall be issued except.

A. Criminal case where the penalty prescribed by law for the offense
charged is imprisonment exceeding six months.

B. Where the accused fails to appear after being summoned

C. Where the accused jumped bail

D. Where the accused violates another case under the revised rule of
summary procedure
13. An arresting officer may perform the following acts, except.

A. Subject the person to be arrested to such restraint necessary for his

detention

B. Orally summons as many persons as he deems necessary to aid him

in making an arrest

C. Break out building or enclosure to liberate himself

D. Immediately deliver the person arrested to the judge who issued the
warrant.
14. The conduct of a preliminary investigation shall be required for
crime and offenses where the penalty prescribed by law is

A. six (6) years and one (1) day without regard to fine..

B. four years ,2 months and 1 day without regard to fine

C. five years , and I day without regard to fine

D. at least six (6) years and one (1) day without regard to fine..
15. the number of days given to investigating prosecutor to determine
whether to recommend dismissing the complaint or to issue a
subpoena to the parties to appear for a preliminary investigation
hearing.

A. 5 days

B. 10 days

C. 15 days
D. 20 days
16. The right to bail flows from the
A. right against self incrimination
B. due process clause
C. presumption of innocence
D. equal protection clause
17. The doctrine of primacy of the criminal action, which provides that
civil action is thus suspended in whatever stage it may be found upon
the filing of the criminal action, accepts certain exceptions, which of
the following are among the exceptions?

A. In cases of civil liability arising from delict

B. In cases where the civil action presents a prejudicial question

C. When the act or omission from which the civil liability may arise
did not exist

D. Both a and b
18. What is the remedy available to the accused , when the
violation of his right to speedy trial is tantamount to
unlawful detention ?
A.He ask for trial not for dismissal
B. Petition for mandamus
C. Motion to dismiss
D. Petition for habeas corpus
19. Preliminary investigation

A. is a summary proceeding to determine whether a person should be indicted in

court after ascertaining based on evidence provided and after a case build up is
conducted that there is prima facie evidence with reasonable certainty of
conviction and that he should be held for trial

B. Questioning initiated by law enforcement officer after a person has been arrested
or deprive of his liberty

C. Is an inquiry or proceeding to determine whether there is sufficient grounds

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

D. Informal and summary investigation conducted by a public prosecutor in

criminal case involving a person arrested and detained without the benefit of
warrant of arrest issued by the court for the purpose of determining whether or
not said person should remain under custody and correspondingly be charged in
court
20. the quantum of evidence for preliminary investigation
and inquest proceeding is __________
A.probable cause with reasonable certainty of conviction
B.prima facie case with reasonable certainty of conviction
C.prima facie evidence with reasonable certainty of
conviction
D.proof beyond reasonable doubt
21. The state prosecutors or prosecutors assigned at the office of the
secretary of justice shall have jurisdiction over the following crimes
except

A. Crime or offenses involving a national security

B. All criminal cases for which task force has been created

C. All criminal cases in which venue has been transferred to avoid

miscarriage of justice

D. Crimes, or offenses and violation of ordinance cognizable by the

proper court in their respective jurisdiction
22 The right to bail only accrues when a person is .

I. deprive of liberty

II. formally charged in court

III. arrested

A. I only

B. II only

C. I,II,III, only
D. I, III only
23. All of the following persons, except one, cannot avail
right to bail?
A. military personnel
B. minor convicted of murder
C. officer charged with violation of article of war.
D. officer charged with coup d etat under art 132
24. Juquin Burdado is charged of the crime physical injuries
punishable by 6 months, 1 day to 6 years .Juquin Burdado has been in
detention for 7 years already .In such a case.

A. Juquin Burdado must be acquitted

B. Juquin Burdado must be immediately released for having served

his sentence

C. Juquin Burdado must be immediately released ,without

prejudice to the continuance of the trial

D. Juquin Burdado must be immediately released on reduced bail or

recognizance.
25. The independent civil action arising from article 32,33,34,2176 of
the civil code .it may be filed by the offended party .

A. After the judgment in the criminal action has become final

regardless of whether the accused was acquitted or convicted

B. Only if such judgment does not contain a finding that the act or
omission from which the civil liability arises does not exist

C. . the offended party manifest his intention to file the separate civil
action

D. Independently of criminal action and shall require only

preponderance of evidence
26. All kinds of bail are subject to the following conditions except one.

A. the accused shall appear before the proper court whenever required

B. the failure of the accused to appear at the trial without justification

and despite due notice shall be deemed a waiver of his right to be
present thereat

C. the accused will not commit any crime during the pendency of his
case

D. that bondsman will surrender the accused to the court for

execution of final judgment
27. What shall the court do, After approving the bail ?
A. inform the accused of the condition of the bail.
B. the accused must be discharged
C. the accused must be warned not to jump bail
D. inform the accused not to travel abroad without court
permission
28. Who is the party being charged with the commission of
the crime or offense or violation of an ordinance and against
whom the complaint affidavit is filed
A.Complainant
B.Respondent
C.Accused
D.Suspect
29. After the criminal action has been commenced, the
separate civil action arising therefrom cannot be instituted
until.
A.the offended party has put up a bond
B.. the offended party manifest his intention to file the
separate civil action
C.final judgment has been rendered in the criminal
action
D. the offended party file a motion for consolidation
30. The rule that a complaint or information must charge only one
offense is absolute.

A. True

B. False, this is subject to exception when the law prescribe a

single punishment for various offenses

C. False when the violation of RPC and ordinance are jointly charged
in a complaint or information

D. False, except when there are several accused with different

participations in the commission of the crime.
31. Which is not the rights of the respondent in a
preliminary investigation?
A. To submit counter affidavit
A.To be present at the clarificatory hearing
B. To examine and cross examine the witness
D. To examine the evidence submitted against him
32. The number of days within which all preliminary
investigation complaint shall be resolved by the
investigating prosecutor
A.30 calendar days from the date of assignment
B.15 calendar days from the date of assignment
C.45 calendar days from the date of assignment
D.60 calendar days from the date of assignment
33. The resolution of prosecutor general or Regional
prosecution on cases cognizable by the first level court .
A. Shall be appealable before the office of the president
B. Shall be appealable before the court of appeal
C. Shall be final and no longer appealable to the office of
the president
D.Shall be appealable before the second level court
34. A written statement by the complainant which answer
the new allegation in the counter affidavit subscribed and
sworn to before a prosecutor or any Government official
authorized to administer oath or in their absence or
unavailability ,before a notary public
A.Counter affidavit
B.Reply affidavit
C.Joinder affidavit
D.Complaint affidavit
35. Extinction of the penal action does not carry with it the
extinction of the civil unless:
A. The extinction proceeds from a declaration in a final judgment
that the fact from which the civil might arise did exist
B. The extinction did not proceed from a declaration in a final
judgment that the fact from which the civil might arise did not
exist
C. The extinction proceeds from a declaration in a final
judgment that the fact from which the civil might arise did
not exist
D. The extinction proceeds from a declaration in a final
judgment that the prosecution fails to prove the guilt of the
accused beyond reasonable doubt.
36. If there is no designation of the offense. What will
become the reference in designating the offense?
A.The section or subsection of the statute punishing it.
B.The designation of the offense given by statute
C.The recital of facts in the complaint or information
D.The title of the case
37. The venue to hear criminal cases may be change when
the ______

A.prosecution and accused agree

B.complainant opted to change it
C. trial court so order
D. supreme court so order
38. In filing a complaint or information, how is the real
nature of the crime charged determined?
A.Law specifically violated
B. Facts recited in the complaint or information
C. Title of the offense sheet
D. Evidence to be presented
39. In which of the following bail is a matter of rights ?

I. In the MTC,MeTC ,MCTC before and after its conviction

II. In the RTC ,before conviction of an offense punishable of death ,reclusion

perpetua or life imprisonment

III. In the RTC, after conviction of an offense not punishable of death ,reclusion
perpetua or life imprisonment

A. . Statement I

B. . Statement I & II

C. Statement III

D. Statement I&III
40. What is the effect of the death of the offended party in a
criminal case for libel or defamation?
A.Extinguish the criminal liability of the accused
B.Does not extinguished the criminal liability of the
accused
C.Dismissal of the complaint or information
D.The criminal liability of the accused is partially
extinguished
41. A person asked you for advice on how to file adultery case against
his wife which of the following are allowed by the rules in order to
make the filing of adultery case?

A. the case of adultery can be initiated even without the complaint of

the offended spouse

B. the case of adultery can only be initiated by the complaint of

the offended spouse

C. The case of adultery can be initiated by filing complaint by

offended party, Parent, grand parent, guardian ,and state

D. the case of the adultery is a public offense it can be initiated by the

police
42. The term for one side only .
A. Ex parte
B. One body
C. Single party
D. Ex officio
43. The offender is a police officer with the rank of
superintendent, the crime committed is in violation of the
anti Graft law. The case shall be under the jurisdiction of the

A. Sandigan bayan
B. Metropolitan trial court
C. Regional trial court
D. Office of the ombudsman
44. When a person arrested without warrant which requires
preliminary investigation ,the complaint or information will
not need such investigation provided that the public
prosecutor has conducted
A. Inquest investigation
B. Preliminary investigation
C. Preliminary examination
D. Fact finding investigation
45. which among the following courts is the court of third
level ?
A.MTC
B.CA
C.RTC
D.SC
46. The public prosecutor need not be present during the trial of a
criminal case in the Regional trial court :

A. When there is private prosecutor

B. When he has turned over the active conduct of trial to the private
prosecutor

C. He should always be present unless the chief of the prosecution

office or the Regional state prosecutor has authorized the
private prosecution in writing to prosecute the case subject to
the approval of the court

D. When he has lost controls of the prosecution

47. which of the following statements are true and correct ?

A. Any amendment before plea ,which downgrade the nature of the

offense charged or excludes the accused from the complaint or
information can be made only upon motion of the of the
prosecutor ,even without notice to the offended party and without
leave of court

B. If it appears at the time before judgment that a mistake has been

made in charging the proper offense the court shall automatically
dismiss the complaint or information

C. The venue of criminal prosecution may be waived same as venue in

civil action

D. The offended parties are allowed to intervene by counsel in the

prosecution of the offense when the civil action is instituted
48. As a rule a private person making an arrest should notify the
person arrested of his purpose and acquaint him with the cause of the
arrest however ,this rule is not absolute rule ,it admits
exceptions ,which among the following is not the exception ? .

A. Where the arrest is made at the time the offense is committed for
attempted or fresh pursuit

B. When the giving of such information is largely impracticable ,as

when he forcibly resist before the person making the arrest has the
opportunity to so inform him

C. When the giving of such information will imperil the arrest

D. When the giving of information will give the person to be arrested a

change to fight back
49. While Rampador was walking along a deserted street in Esperanza ,Agusan Del sur ,a
heavily tinted van stopped behind him and five armed men alighted from the vehicle ,the men
grabbed R, threw him inside the van , blindfolded him and tied his hands behind his back ,the
van proceeded to Cagayan de Oro City ,passing by Agusan del norte ,in Cagayan De Oro the
group transferred to another Van and went up to Malay Balay, Bukidnon ,upon arriving in
Malaybalay ,the group met someone who after confirming R’s identity gave a thick wad a
peso bills to the group leader. T, using a handgun .T shot R five times at the back instantly
killing him, What crime/s was/were committed and when courts have jurisdiction over the
case .

A. The crime committed is kidnapping with murder and the RTC of Esperanza ,Agusan
Del Norte ,Cagayan De Oro and Bukidnon have concurrent jurisdiction over the case

B. The crime committed was murder and the RTC of Agusan Del Norte ,Cagayan De Oro and
Bukidnon have concurrent jurisdiction over the case

C. The crime committed was kidnapping with murder and the RTC of Esperanza has
exclusive jurisdiction over the case

D. The crime committed was murder and the RTC of Bukidnon has exclusive original
jurisdiction over the case
50. A denial of his right when requested by the defendant himself or
his counsel constitutes an error prejudicial to the substantive right of
the accused.

a. Right to be informed of the nature and cause of the accusation

b. The right to testify as a witness in his own behalf

c. The right against self-incrimination

d. Right to be exempt from being compelled to be a witness against

himself
51. which courts has /have jurisdiction over a case for
violation of section 3 (e) of republic act No 3019 (Anti graft
and Corrupt practices Act ) where the defendants are a city
mayor (salary grade 27) the City tourism operations officer
(salary grade 11) and a computer operator (salary grade 9 )
A. The proper Regional Trial court since two of the
respondent are official with salary grade 27
B. The Sandiganbayan for the City mayor (salary
grade 27) and the proper Regional trial court for
the City tourism operations officer (salary grade 11)
and computer operator (salary grade 9)
C. The Sandiganbayan since one of the respondent is an
official with salary grade 27
D. The Sandiganbayan of the proper Regional trial Court
depending on which court first acquires jurisdictions over
52. Z ,who was charge with murder ,applied for bail ,after the bail
hearing ,the RTC of Dumaguete found that the evidence against Z is strong
thus it denied his bail application, however ,after trial ,the RTC Dumaguete
found Z guilty of homicide only and sentence him to an indeterminate term
of eight years and 1 day of prison mayor ,as minimum to fourteen years
and eight months of Reclusion temporal ,as Maximum and cancelled Z’s
bail .Z had file a notice of appeal to the court of appeals. He wants to be
freed on bail pending his appeal ,where should Z apply for bail ?

A. Z should apply for bail in the RTC Dumaguete which rendered

judgement against him

B. Z should apply for bail in the CA as he had filed a notice of

appeal of a conviction for bailable offense

C. Z should apply for bail in the RTC Dumaguete which retains residual
jurisdiction over the case for purposes of granting bail pending appeal

D. Z should apply for bail in the CA as the trial court had lost jurisidiction
over the case upon the filing of Z appeal
53. Extinction of the penal action does not carry with extinction of the
civil action, unless:
a. The extinction proceeds from a declaration in a final judgment that
the
fact from which the civil might arise did not exist.
b. The extinction did not proceed from a declaration ina final
judgment that the fact from which the civil might arise did not
exist.
c. The extinction proceeds from a declaration in a final judgment that
the fact from which the civil might arise did exist.
d. None of the above
54. It is defined as an inquiry or proceeding for the purpose of determining
whether there is sufficient ground to engender a well founded belief that a
crime cognizable by the Regional Trial Court has been committed and that
the respondent is probably guilty thereof, and should be held for trial.

b. Criminal investigation

d. All of the foregoing

c. Interrogation

d. Criminal prosecution
55. For what offense where a preliminary investigation is required to
be?

a. When a person is lawfully arrested without a warrant.

b. For an offense where the penalty prescribed by law is at least

four (4) years, two (2) months and one () day without regard to
finc.

c. For any offense when an inquest prosecutor is available.

d. All of the above

56. The required number of days in which the accused may ask for a
preliminary investigation with the same right to adduce evidence in his
favor, if the case has been filed in court without preliminary
investigation having been first conducted.

a. Within five (5) days from the time he learns of the filing of the
information accused in a criminal case conducted?

b. Within ten (10) days from the time he learns of the filing of the
information.

c. Within fifteen (15) days from the time he learns of the filing of thei
nformation.

d. Within thirty (30) days from the time he learns of the filing of the
information.
57. In what instance when a prosecutor without need of a preliminary
investigation may file a complaint or information provided an inquest
has been conducted in accordance with existing rules?

a. When a person is lawfully arrested without a warrant involving

an

offense, which requires a preliminary investigation.

b. For an offense where the penalty prescribed by law is at least four

(4)years, two (2) months and one () day.

c. For any offense when an inquest prosecutor is absent or not

available
d. All of the above
58. Any lawyer or member of the bar, shall, at the request of
the person arrested or of another acting in his behalf, have
the right to visit and confer privately with such person, in
jail or any other place of custody at:
a. Any hour of the day or, in urgent cases of the night
b. Any hour of the working day only
c. Any hour of Saturdays and Sundays
d. Any hour of designated visiting day only
59. May be defined as the security given for the release of a
person in custody of the law, furnished by him or a
bondsman, conditioned upon his appearance before any
court as required under the conditions specified by law.
a. Pardon
b. Bail
c. Probation
d. Parole
60. It is a question of fact or issue in a pending civil case
similar or intimately connected to the issue raised in a
pending criminal action whereby the resolution of the civil
action is determinative of the guilt or innocence of the
accused in a criminal case.
a. Prejudicial question
b. Political question
c. Civil question
d. All of the foregoing
61. Bail is the security given to for the release of a person in
custody of the Law, guarantee his appearance before any
court as required under the conditions hereinafter specified.
In effect , what would be the nature or form of the bail?
a. Corporate surety
b. Property bond
c. Cash deposit, or recognizance
d. All of the above
62. It is obligation of record, entered into the record of the court or
magistrate an person in the community of good reputation to do some
particular act, the most usual condition in criminal cases being the
appearance of the accused for trial.

a. Recognizance

b. Bail Bond

c. Pardon
d. Probation
63. Is the method fixed by law for the apprehension and prosecution of
a person who is accused of a crime and for his punishment, whenever
convicted?

a. Civil Procedure

b. Criminal procedure

c. Rules of Court

d. All of the above

64. "A" married to "B". During the existence of his marriage, A
(husband) married "C". B (1st wife) filed a bigamy case against "A".
Whereupon A filed a case for annulment of his marriage with C on the
ground that he was forced and intimidated by C to marry her. Here
there exists in the civil action a question of:

a. Criminal question

b. Civil question

c. Prejudicial question

d. All of the above

65. In what instances is a warrant of arrest not necessary?

a. If the accused is already under detention.

b. If the complaint or information was filed after the accused was

lawfully

arrested without warrant.

c. If the offense is punishable by fine.

d. All of the above

66. Any amendment before plea, which downgrades the
nature of the offense or excludes any accused from the
complaint or information can be made only on condition
that:
a. There must be a motion filed by the prosecutor.
b. There must be notice of the motion upon the offended
party.
c. The amendment must be by leave of court
d. All of the above
67. The _____ shall be in writing, in the name of the People
of the Philippines against all person who appear to be
responsible for the offense involved, subscribed by the
prosecutor and filed in court.
a. Complaint
b. Information
c. Civil Action
d. Criminal Action
68. ______ Is a written statement charging a person with an
offense, subscribed the offended party, any peace officer, or
other public office charged with the enforcement of the
law violated.
a. Information
b. Complaint
c. Criminal case
d. Civil case
69. It is the authority of the court to hear, try and
decide a case.
a. Venue
b. Jurisdiction
c. None of the above
d. All of the above
70. It is the municipality or province wherein the offense
was committed or one of its essential elements took place. It
is the place of trial, in a criminal case.
a. Venue
b. Jurisdiction
b. c. None of the above
d. All of the above
71. The venue in a criminal case may be changed by
_______ to avoid a miscarriage of justice.
a. Agreement of parties
b. Regional Trial Court
c. Court of Appeals
d. Supreme Court
72. As an exception to the rule that the filing of the criminal
action carries with it the filing of the civil action for the
recovery of civil liability.
a. Offended party waives the civil action
b. Reserves the right to file it separately
c. Institute the civil action prior to the criminal action
d. All of the above
73. A peace officer or a private person may, without a warrant, arrest a
person;

a. When, in his presence, the person to be arrested is actually

committing an offense.

b. Attempting to commit an offense

c. An offense has in fact just been committed and he has probable

cause to believe based on personal knowledge of fact and
circumstance that the person to be arrested has committed it.

d. When the person to be arrested is a prisoner who escaped from his

place of confinement.

e. All of the above

74. A final judgment rendered in a civil action absolving the
defendant is no bar to a ______ action.
a. Civil Action
b. Criminal Action
c. Special Action
d. All of the above
75. It requires that the charges against a person should be
stated in such a way as to enable him to know the meaning
and nature of the accusation against him.
a. Right to be present and to defend at the trial
b. Right to be informed of the nature and cause of
accusation
c. The right to testify as witness in his own behalf
d. The right against self-incrimination
e. All of the foregoing
76. Under the rules, the defendant is entitled to be present and defend
in person by an Attorney at every stage of the proceedings, that is,
from the arraignment to the promulgation of the judgment. This
referred to the Philippine Constitution as.

a. The right to be heard by himself and counsel

b. The right to be informed of the nature and cause of the accusation

c. The right to testify as witness in his own behalf

d. The right against self-incrimination

e. All of them
77. Bail is a matter of right:
a. Before or after conviction by the lower court.
b. Before conviction by the Regional Trial Court of an
offense not punishable by death, reclusion perpetua, life
imprisonment.
c. All of the above
d. None of the above
78. This one 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. The presumption of innocence
b. Right to be present and to defend himself at the trial
c. The right to be informed of the nature and cause of
accusation
d. All of them
79. When a person is lawfully arrested without warrant of
arrest involving an offense, which requires a preliminary
investigation, the complaint or information may be filed
without need of such investigation, provided an ______ has
been conducted in accordance with existing law.
a. Preliminary Investigation
b. Preliminary Examination
c. Fact finding Investigation
d. Inquest
80. One of the Constitutional rights, which may be defined as one that?

can be had as soon after indictment as the prosecution can with

reasonable

=> SPEEDY TRIAL