Choose the correct answer by shading the letter in the parenthesis. Shade only one letter.

Shading of two or more letters shall invalidate your answer. 1. The Municipal Trial Court has original exclusive jurisdiction over cases involving violations of B.P. Blg. 22: (a) where the amount of the check involved does not exceed P300,000 (or P400,000 in Metro Manila) (b) where the amount of the check involved does not exceed P200,000 (or P300,000 in Metro Manila) (c) where the amount of the check involved does not exceed P100,000 (or P200,000 in Metro Manila) (d) regardless of the amount of the check involved 2. Libel is punishable by imprisonment of 6 months and 1 day to 4 years and 2 months. The remedy of the accused who is charged with libel before the Municipal Trial Court is: (a) to file a motion to quash at any time before he enters a plea on the ground that the court has no jurisdiction over his person (b) to file a motion to quash at any time, even after he has entered a plea, on the ground that the court has no jurisdiction over the offense (c) to file a motion to quash at any time, even after he has entered a plea, on the ground that the court has no jurisdiction over his person (d) to file a motion to quash, but only before entering a plea, on the ground that the court has no jurisdiction over the offense

3. For offenses involving violations of municipal ordinances, the running of the prescriptive period is stopped by the filing of: (a) a complaint with the prosecutors office (b) an information with the prosecutors office (c) a complaint with the municipal trial court (d) an information with the regional trial court

4. Jurisdiction over the person of the accused is acquired not only by his arrest, but by: (a) his voluntary surrender (b) service of subpoena upon him (c) his voluntary appearance (d) his voluntary plea of guilty

5. Whether by complaint or information, the criminal action must be in the name of the People of the Philippines because: (a) every crime is an outrage against the peace and security of the people at large (b) it is required by the rules (c) the offended party may not have the capability to prosecute the criminal action (d) every crime is evil

6. The nature of the crime charged in the complaint or information is determined by the: (a) title thereof (b) provisions of the law alleged to have been violated

(c) facts alleged therein (d) designation made by prosecution

7. Section 2 of Rule 110 provides that the complaint or information shall be x x x against all persons who appear to be responsible for the offense involved. But, as an exception, a person who appears to be responsible for the offense committed may be excluded from the complaint or information if: (a) that person is admitted into the witness protection program (b) that person has been discharged, on motion of the prosecution, to be utilized as a state witness (c) there is no sufficient evidence against that person (d) prosecuting that person is a waste of time

8. An information is an accusation in writing charging a person with an offense and subscribed by the: (a) offended party (b) prosecutor (c) any peace officer (d) judge

9. Where the accused is already serving sentence after the finality of a judgment of conviction, a DNA testing may still be conducted, and if the result thereof is favorable, either the said accused or the prosecution may file with the court of origin, the Court of Appeals, or the Supreme Court: (a) a petition for habeas corpus (b) a petition for habeas data (c) a petition for writ of amparo (d) a petition for correction of judgment

10. An information that charges two or more offenses may be referred to as: (a) onerous information (b) duplicitous information (c) insufficient information (d) vague information

11. A complaint or information may be amended in form or substance, without leave of court, at any time: (a) after the accused has entered his plea (b) before the accused enters his plea (c) after the accused has been arrested (d) before the accused is arrested 12. After the accused has pleaded to the charge, the complaint or information may be amended where such amendment is required by supervening fact, provided: (a) leave of court is granted (b) the offended party consents to the amendment (c) the right of the accused to speedy trial is not violated (d) the accused consents to the amendment

13. In a plea bargaining, the trial court may allow the accused to plead guilty to a lesser offense without the consent of the private offended party if the offended party: (a) refuses to give his consent without justifiable cause (b) cannot be notified of the date of the arraignment because his whereabouts are unknown (c) fails to appear at the arraignment despite due notice to him (d) is already dead or lives more than 100 kilometers from the place of trial

14. If, before arraignment, the prosecution wants to amend the Information from murder to homicide, its remedy is to: (a) file a motion for leave to amend, with notice to the offended party, and if leave is granted, file an amended information for homicide (b) file an amended information charging the accused with homicide (c) withdraw the information, and file a new information for homicide (d) file a motion to dismiss the case

15. In criminal cases venue is jurisdictional. Thus, an information for bigamy must be filed in the Regional Trial Court of the place: (a) where the second marriage was contracted (b) where the first married was contracted (c) where the parties to the second marriage have set up their conjugal dwelling (d) where the first marriage was contracted or where the second marriage was contracted at the election of the prosecution

16. The offended party may reserve his right to institute a separate civil action: (a) at any time before the prosecution starts presenting its evidence (b) at any time before the prosecution starts presenting its evidence and under circumstances affording the offended party a reasonable opportunity to make such reservation (c) at any time before the prosecution rests its case (d) at any time before the prosecution rests its case and under circumstances affording the offended party a reasonable opportunity to make such reservation

17. After the accused had pleaded guilty to the charge of reckless imprudence resulting into homicide, the court issued an order declaring the case deemed submitted for decision notwithstanding the motion of the offended party to be allowed to present evidence on the civil liability of the accused. The offended party may assail the order of the court on the ground that it is error for the court not to allow the offended party to prove the civil liability of the accused: (a) because the civil action to recover civil liability arising from the offense charged is deemed instituted in the criminal action (b) because the civil liability of the accused is implied from his plea of guilty (c) because the plea of guilty already determines the civil liability of the accused (d) because the plea of guilty applies only to the criminal aspect of the case

18. A civil action based on quasi delict may be filed by the offended party even if he does not reserve his right to file it separately because such civil action is: (a) a separate civil action (b) an independent civil action (c) a prejudicial question (d) deemed instituted in the criminal action

19. An accused who is acquitted may still be adjudged civilly liable, except: (a) if the acquittal is based on reasonable doubt (b) if the court declares in its judgment that the liability of the accused is only civil (c) if the civil liability of the accused does not arise from or is not based upon the crime of which he is acquitted (d) if the civil action is based on the delict and there is a finding in the final judgment in the criminal action that the act or omission from which the civil liability may arise did not exist 20. If a final judgment is rendered in a civil action and the judgment absolves the defendant from civil liability, such judgment: (a) bars the filing of a criminal action against the same defendant for the same act or omission subject of the civil action (b) does not bar the filing of a criminal action against the same defendant for the same act or omission subject of the civil action (c) extinguishes the criminal liability of the same defendant for the same act or omission subject of the civil action (d) conclusively proves that the same defendant is not liable for the same act or omission subject of the civil action

21. The existence of a prejudicial question may be invoked to: (a) dismiss a criminal action (b) dismiss a civil action (c) suspend a criminal action (d) suspend a civil action

22. Appeal by the accused from a judgment of the Sandiganbayan imposing upon him a penalty less than death, reclusion perpetua, or life imprisonment is to the Supreme Court: (a) by means of notice of appeal (b) by means of a petition for review (c) by means of a petition for certiorari (d) by means of a petition for review on certiorari

23. The accused may waive his right to preliminary investigation. But where the accused asserts his right to preliminary investigation, to deny him that right amounts to a denial of due process because the right to preliminary investigation is a: (a) constitutional right (b) statutory right (c) substantive right (d) natural right

24. Preliminary investigation may be conducted ex parte if the respondent cannot be served with: (a) subpoena (b) prosecutors resolution (c) writ of execution (d) summons

25. The right to preliminary investigation may be waived by not asserting it: (a) before arraignment and plea (b) before pretrial (c) in a motion to quash before trial (d) in a motion to quash before pretrial

26. An accused validly arrested without warrant for an offense requiring preliminary investigation and charged in court without preliminary investigation having been first conducted may ask for a preliminary investigation: (a) within 5 days from the time he learns of the filing of the information against him (b) within 5 days from the time of the filing of the information against him (c) within 10 days from the time he learns of the filing of the information against him (d) within 10 days from the time of the filing of the information against him

27. An information filed in court without the prior written approval of the provincial or city prosecutor or chief state prosecutor or the ombudsman or his deputy is: (a) void (b) voidable (c) valid (d) defective but valid

28. A warrant of arrest is valid and shall remain in force: (a) for a period of ten days from date of its issuance (b) for a period of 15 days from date of its issuance (c) for a period of 30 days from date of its issuance (d) until it is executed

29. Within ten days from the filing of the information, the judge of the Regional Trial Court shall issue a warrant of arrest if he finds probable cause after: (a) personally examining the resolution of the prosecutor and its supporting evidence (b) personally evaluating the complainant and his witnesses by means of searching questions and answers (c) personally examining the complainant and his witnesses in writing and under oath by means of searching questions and answers (d) personally evaluating the resolution of the prosecutor and its supporting evidence

30. X filed a complaint with the NBI alleging that Y, who is a barangay captain, kidnapped and detained Xs husband on June 19, 2010. The NBI directed Y to appear before it on June 26, 2010 to answer the charge of kidnapping. When Y appeared at the NBI on June 26, 2010, he was arrested and detained. On June 27, 2010, the NBI submitted its investigation report to the Office of the City Prosecutor. That same day, Prosecutor Z conducted an inquest. On June 28, 2010, an Information was filed with the RTC, charging Y with kidnapping. The inquest is not proper in this case because: (a) only the police may conduct an inquest (b) the NBI has already conducted its own investigation (c) the arrest of the accused in this case was unlawful, and an inquest may only be conducted by the prosecutor if the accused has been lawfully arrested without warrant (d) an inquest may only be conducted by the police if the accused has been lawfully arrested without warrant

31. If a person is arrested and detained and no case has yet been filed in court against him, he may question the legality of his arrest and detention by filing: (a) a petition for habeas corpus (b) a motion to quash before he enters a plea (c) a petition for writ of amparo (d) a petition for habeas data

32. Bail shall be effective upon its approval, and unless cancelled, shall remain in force at all stages of the case: (a) until promulgation of judgment by the Regional Trial Court in a case originally filed in it (b) until promulgation of judgment by the Regional Trial Court in a case appealed to it (c) before promulgation of judgment by the Regional Trial Court in a case originally filed in or appealed to it (d) until promulgation of judgment by the Regional Trial Court in a case originally filed in or appealed to it

33. One of the conditions of bail is that the accused shall appear before the court: (a) at all stages of the proceedings (b) only during trial (c) whenever required by the court or by the Rules of Court (d) whenever required for the purpose of perfecting his appeal

34. Where the grant of bail is a matter of discretion, the application for bail may be filed: (a) only in the court of the city or municipality where he was arrested (b) only in the court of the city or municipality where he is being held (c) only in the court where the case is pending whether on trial or appeal (d) only in the court where he was arraigned

35. The accused is charged with maltreatment, a light felony. At the arraignment the accused was absent despite notice, but his counsel manifested that he had already explained to the accused the nature and cause of the accusation against him. He then moved that a plea of not guilty be entered for the accused. The court allowed it. This plea is: (a) valid, because where the accused is charged with a light offense, his counsel may enter a plea of not guilty for him (b) valid, because the court allowed it (c) void, because there is no showing that the accused understood the consequences of his plea of guilty

(d) void, because the accused must be present at the arraignment and must personally enter his plea

36. At his arraignment for homicide, the accused pleaded guilty. Upon motion, he was allowed by the court to prove the mitigating circumstance of incomplete self-defense. But the evidence he has presented proved complete self-defense. If the court renders a judgment of acquittal, such a judgment is: (a) void, because the plea of guilty entered by the accused is a full admission of his culpability (b) void, because the court erred in allowing him to prove the justifying circumstance of self-defense (c) valid, provided he told the truth in court (d) valid, provided his plea of guilty is considered withdrawn and a plea of not guilty entered for him

37. The discovery proceedings allowed by Sections 9 and 10 of Rule 116 are applicable only: (a) during preliminary investigation (b) after the filing of the information in court (c) after pretrial (d) after trial

38. If a complaint or information is filed in the municipal trial court for an offense not requiring preliminary investigation and the judge finds probable cause, but there is no necessity of placing the accused under immediate custody, the judge may issue to the accused: (a) summons (b) subpoena (c) warrant of arrest (d) order to answer the charge

39. The remedy of the accused whose motion to quash is denied by the court is: (a) to file a motion for the inhibition of the judge (b) to enter a plea and go to trial (c) to present his evidence (d) to appeal from the order denying his motion to quash

40. The requirement that agreements or admissions made by the accused shall be reduced in writing and signed by him and his counsel applies only to those agreements or admissions made during the: (a) preliminary investigation (b) arraignment (c) pretrial (d) trial

41. An appeal from a judgment of the Regional Trial Court rendered by it in the exercise of its exclusive original jurisdiction where the appellant raises questions of fact is by: (a) notice of appeal (b) petition for review

(c) petition for review on certiorari (d) petition for certiorari

42. An appeal from a judgment of the Regional Trial Court rendered by it in the exercise of its appellate jurisdiction where the appellant raises pure questions of law is by: (a) notice of appeal (b) petition for review (c) petition for review on certiorari (d) petition for certiorari

43. Bail may be cancelled upon application of the bondsman, but with due notice to the prosecutor upon: (a) proof of death of the accused (b) acquittal of the accused (c) dismissal of the case (d) execution of the judgment of conviction

44. The remedy of the accused if the allegations in the Information are vague is: (a) to file a bill of particulars before arraignment (b) to file a motion for a bill of particulars before arraignment (c) to file a motion for a bill of particulars after arraignment (d) to file a bill of particulars after arraignment

45. The accused must be arraigned before the court where the complaint or information has been filed or assigned for: (a) preliminary investigation (b) trial (c) promulgation of judgment (d) reinvestigation

46. The arraignment of the accused may be suspended when: (a) there exists an incidental question (b) there exists a prejudicial question (c) the accused refuses to enter a plea (d) the accused enters a conditional plea of guilty

47. If the court grants the motion to quash filed by the accused on the ground of lack of jurisdiction over the offense, the remedy of the prosecution is to: (a) refile the case in the court of proper jurisdiction (b) refile the case in the court of proper venue (c) amend the information so as to bring the offense within the jurisdiction of the court (d) withdraw the information

48. A provisional dismissal should be with the: (a) express consent of the offended party (b) express consent of the accused (c) consent of the accused (d) consent of both the offended party and the accused

49. If the offense is punishable by imprisonment of not exceeding six years, a provisional dismissal thereof becomes permanent: (a) one year after issuance of the order of dismissal without the case having been revived (b) two years after issuance of the order of dismissal without the case having been revived (c) six months after issuance of the order of dismissal without the case having been revived (d) one month after issuance of the order of dismissal without the case having been revived

50. If the offense is punishable by a fine of any amount, a provisional dismissal thereof becomes permanent: (a) one year after issuance of the order of dismissal without the case having been revived (b) two years after issuance of the order of dismissal without the case having been revived (c) six months after issuance of the order of dismissal without the case having been revived (d) one month after issuance of the order of dismissal without the case having been revived

51. Among the things to be considered at the pretrial of criminal cases is: (a) amicable settlement (b) stipulation of facts (c) reference of the issues to a commissioner (d) amendment of the complaint or information

52. After having bargained for a lesser penalty, the accused pleaded guilty to the charge set forth in the information. This plea of guilty is: (a) valid although it is a conditional plea of guilty (b) void because it is a conditional plea of guilty (c) valid because the accused himself entered his plea (d) void because the accused should always enter a plea of not guilty

53. At the hearing on the motion for the discharge of an accused to be utilized as a state witness, his sworn statement shall be presented by the prosecution as evidence. At the trial the sworn statement of the witness shall be inadmissible in evidence if the court: (a) grants the motion (b) denies the motion (c) defers hearing on the motion (d) fails to act on the motion

54. The order of the court discharging an accused to be utilized as a state witness amounts to: (a) an acquittal of the discharged accused (b) an adjudication of the case on its merits (c) an acquittal of all the accused (d) dismissal of the case

55. A case may be reopened to avoid a miscarriage of justice: (a) after finality of the judgment of conviction (b) before finality of the judgment of conviction (c) before rendition of judgment (d) after the case is submitted for decision

56. The accused who files a demurrer to evidence does not waive his right to present evidence in the event his demurrer is denied if he filed his demurrer: (a) with prior leave of court (b) with prior notice to the prosecution (c) with the consent of the offended party (d) after filing with the court a motion for leave to file demurrer to evidence

57. If there are several accused, and the prosecutor has no direct evidence available for the proper prosecution of the offense committed, the remedy of the prosecution is: (a) to move for the dismissal of the case with the express consent of the all the accused (b) to exclude one or some of the accused by amending the information with leave of court and utilized the excluded accused as witnesses against the remaining accused (c) to withdraw the information and refile it as soon as a witness becomes available (d) to move for the discharge of one or some of the accused to be utilized as state witnesses

58. If the accused has been detained for a period equal to or more than the maximum of the imposable penalty, he: (a) may be released on recognizance (b) may be released on bail (c) should be released immediately without bail or recognizance, unless there are other valid causes for his further detention (d) should be released immediately if there is already a finding by the court that he is not guilty

59. If the accused fails to appear at the promulgation of judgment despite due notice to him, the judgment: (a) cannot be promulgated (b) shall be promulgated by reading it to his counsel who may be required to stand in lieu of the accused, just like in the movies (c) shall be promulgated by recording it in the criminal docket and furnishing the prosecution with a copy thereof (d) shall be promulgated by recording it in the criminal docket and furnishing the accused with a copy thereof through his counsel or at his last known address

60. The accused was convicted of homicide in the judgment promulgated by the RTC on October 4, 2010. The judgment was promulgated in his absence because he failed to appear at the promulgation notwithstanding due notice to him. He received a copy of the judgment through his counsel on October 5. His remedy is: (a) he must surrender himself and file a motion for leave to avail of the remedies on or before October 19, 2010 (b) he must file a notice of appeal on or before October 19, 2010 (c) he must surrender himself and file a motion for leave to avail of the remedies on or before October 20, 2010 (d) he must file a motion for reconsideration on or before October 20, 2010 Suggested Answers: 1. a; 2. b; 3. c; 4. a; 5. a; 6. c; 7. a; 8. b; 9. a; 10. b; 11. b; 12. a; 13. c; 14. a; 15. a; 16. b; 17. a; 18. b; 19. d; 20. b; 21. c; 22. b; 23. c; 24. a; 25. a; 26. a; 27. a; 28. d; 29. d; 30. c; 31. a; 32. d; 33. c; 34. c; 35. d; 36. d; 37. b; 38. a; 39. b; 40. c; 41. a; c; 42. b; 43. a; 44. b; 45. b; 46. b; 47. a; 48.b; 49. a; 50. a; 51. b; 52. b; 53. b; 54. a; 55. b; 56. a; 57. d; 58. c; 59. d; 60. a. Essay: How is criminal action instituted Distinction of amended and substitution when may a complaint or information be amended with or without leave of court? What is a preliminary investigation When is Bail a matter of right and a matter of discretion