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1. A return of a writ of habeas corpus is considered 7.

Leave of court is required for an amendment of a


prima facie evidence of the cause of the detention if: complaint or information even before the accused
has been arraigned, if the amendment:
a. made by a public officer.
b. made by a private person. a. is of a substantial nature
c. the detention is pursuant to a warrant of b. upgrades the nature of the offense from
arrest. a lower to a higher offense
c. includes another accused
2. When a person is detained by a private person, the d. downgrades the nature of the offense
writ of habeas corpus is directed: from a higher to a lower offense or
excludes any accused
a. to the said private person.
b. to an officer of the law. 8. When is a preliminary investigation required?
c. to any person designated by the court.
d. none of the above. a. In all cases regardless of the penalty for
the offense charged.
3. Habeas Corpus issued by the Regional Trial Court b. In cases where the penalty for the
(RTC) is enforceable only in: offense charged is below four (4) years,
two (2) months and one (1) day of
a. the territorial jurisdiction of the RTC that prisioncorreccional.
issued it. c. In cases where the minimum penalty for
b. the place where the person is actually the offense charged is four (4) years,
detained. two (2) months and one (1) day of
c. in the judicial region to which the RTC that prisioncorreccional.
issued it pertains.
d. none of the above. 9. When is an order sustaining a motion to quash a bar
to a prosecution for the same offense?
4. Judgments of the Regional Trial Court rendered in
the exercise of its appellate jurisdiction may be a. If the ground thereof is lack of
assailed: jurisdiction of the court over the offense
charged.
a. by ordinary appeal to the Court of Appeals b. If the ground thereof is that the
b. by petition for review to the Supreme Court complaint or information charges two or
c. by petition for review to the Court of Appeals more offense, which do not constitute a
d. by ordinary appeal to the Supreme Court complex offense.
e. by appeal by certiorari to the Supreme Court c. If the ground thereof is the prescription
of the offense or the penalty therefore.
5. When must an accused not under preventive
detention be arraigned? 10. When is the authentication of a private
document offered in evidence not required?
a. Within 30 days after the filing of the
complaint or information against him. a. When it is offered as an authentic
b. Within 30 days after the approval of his document.
bail bond. b. When it is more than 30 years old,
c. Within 30 days from the date the court produced from a custody in which it
has acquired jurisdiction over his would naturally be found if genuine, and
person. is unblemished by any alteration or
circumstance of suspicion.
6. The court may allow an accused to plead guilty to a c. When it is less than 30 years old at the
lesser offense necessarily included in the offense time of its presentation.
charged against him, if his offer to so plead is
consented to by: 11. Which of the following is not correct? A party
against whom a witness testified may impeach the
a. the public prosecutor latter by:
b. the private offended party
c. the public prosecutor and the private a. contradictory evidence
offended party b. evidence that his general reputation for
truth, honesty or integrity is bad

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c. evidence that he has made at other b. Court where the criminal action is filed.
times statements inconsistent with his c. Court within the judicial region where
present testimony the crime was committed if the place of
d. evidence of particular wrongful acts the commission of the crime is known.
committed by the witness d. Court where the criminal action is
pending.
12. When is the extra-judicial confession of an
accused sufficient for conviction? 17. All of the following statement are true, except:

a. Even without corroboration thereof by a. if the court denies demurrer to evidence


evidence of corpus delicti. filed with leave of court, the accused
b. Only when it is corroborated by may adduce evidence in his defense
evidence of corpus delicti. b. The motion for leave of court to file
c. Regardless of whether or not it is demurrer to evidence shall be filed
corroborated by evidence of corpus within an extendible period of five (5)
delicti. days
c. The order denying the motion for leave
13. In a rape case, jurisdiction is conferred by: of court to file demurrer to evidence or
the demurrer itself shall be reviewable
a. law by appeal or by certiorari before
b. complaint of offended party judgment
c. information filed by the Prosecuting d. Both B and C
Officer
d. all of the above 18. Which of the following statement is correct?

14. The public prosecutor need not be present a. Even the counsel for the accused or
during the trial of a criminal case in the Regional prosecutor does not appear at the pre-
Trial Court: trial conference, they are not required to
offer an acceptable excuse for his lack
a. when there is a private prosecutor of cooperation.
b. when he has turned over the active b. Warrant of arrest is valid only for ten
conduct of trial to the private prosecutor days while a search warrant does not
c. he should always be present unless the expire.
chief of the prosecution office or the c. No bail shall be allowed after a
regional state prosecutor has authorized judgment of conviction has become final
the private prosecution in writing to even the accused applies for probation.
prosecute the case subject to the d. The accused may, before arraignment,
approval of the court move for a bill of particulars.
d. when he has lost controls of the
prosecution 19. When is the accused allowed to file motion to
quash?
15. The rule that a complaint or information must
charge only one offense is absolute. a. At any time before arraignment
b. Within 10 days after the accused has
a. True entered his plea
b. False, this is subject to exception. c. At any time before the judgment
c. False, except when existing laws become final
prescribe a single punishment for d. After the accused has entered his plea
various offense.
d. False, except when there are several 20. The following are allowed to conduct preliminary
accused with different participations in investigations except:
the commission of the crime.
a. Provincial or City Prosecutor and their
16. When the criminal action has already been assistants.
instituted, an application for search warrant shall be b. Judges of Municipal Trial Courts and
filed in the: Municipal Circuit Trial Courts
c. National and Regional State
a. Court within whose territorial jurisdiction Prosecutors
a crime was committed. d. Special prosecutors of the Ombudsman

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c. The venue of criminal prosecution may
21. Bail is a matter of right under the following be waived same as the venue in civil
conditions: action.
d. The offended parties are allowed to
1. In MTC, MTC in Cities, MCTC before or intervene by counsel in the prosecution
after convictions of the offense when the civil action is
2. In RTC, after conviction if the penalty instituted in the criminal action.
imposed is not more than six (6) years
3. In RTC, before conviction of an offense 25. Which of the following is not a right of an
not punishable by death, reclusion accused?
perpetua or life imprisonment.
a. To be presumed innocent.
Which of the following conditions are b. To be present and defend in person and
correct? by counsel at all times.
c. Allow conference or visits by any
a. Statement No. 1 only members of his immediate family, priest
b. Statement No. 2 only or any religious organization, any
c. Statement No. 3 only medical doctors, members of national
d. Both statement No. 1 and 3 and international non-governmental
organization accredited by the
22. Which of the following are the proper grounds Commission on Human Rights and the
that the court should consider in order to properly Office of the President or by his counsel.
grant a new trial in a criminal case? d. To testify as a witness in his own behalf.

a. Errors or mistakes of counsel 26. The court denied the demurrer to evidence
b. Errors of law or irregularities prejudicial which the accused filed with leave of court. Hence,
to the substantial rights of the accused the accused:
c. New and material evidence has been
discovered which the accused could not a. Loses the right to present his evidence
with reasonable diligence have b. Does not lose the right to present his
discovered and produced at the trial evidence
d. Both B and C c. Can be compelled by the court to
present his evidence
23. An accused in a rape case was convicted by the d. Has the option whether to present or not
Regional Trial Court of Manila and the death penalty his evidence.
was imposed upon him. The judgment shall be
reviewed by the: 27. The civil action which was reserved arose from
the delict and not from articles 32, 33, 24, and 2176,
a. Supreme Court new civil code. It may be filed by the offended party:
b. Court of Appeals
c. The same Regional Trial Court a. At any time
d. Department of Justice b. After the judgment in the criminal action
has become final regardless of whether
24. Which of the following statements are true and the accused was acquitted or convicted
correct? c. Only if such judgment does not contain
a finding that the act or omission from
a. Any amendment before plea, which which the civil liability arises does not
downgrades the nature of the offense exist.
charged or excludes the accused from
the complaint or information can be 28. Before an accused has been arraigned, the
made only upon motion of the prosecution may amend a complaint or information
prosecutor, even without notice to the by downgrading the offense or excluding an accused
offended party and without leave of therefrom:
court. a. Without leave of court
b. If it appears at the time before judgment b. With leave of court
that a mistake has been made in c. The consent of the accused
charging the proper offense the court
shall automatically dismiss the
complaint or information filed.

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29. An order granting a motion to quash is a bar to 34. For instance, the provincial or city prosecutor
another prosecution for the same offense if the promulgated an unfavorable resolution of the case,
ground thereof is: where can be accused file a petition for review of the
said resolution?
a. The court has no jurisdiction over the
person of the accused a. Office of the President
b. The officer who signed the complaint or b. Metropolitan Trial Court
information has no authority to do so c. Regional Trial Court
c. The criminal action or liability has been d. Department of Justice
extinguished e. None of the above

30. In the court of appeals: 35. An escaped prisoner, then armed with a bamboo
lance, was asked by a policeman to surrender,
a. The accused has no right to move for refused to do so and instead answered the latter
new trial with a stroke of his lance, the policeman in pursuing
b. The accused has a right to move for a the prisoner fired his revolver and caused the death
new trial on any ground of the prisoner. Is the act of the policeman on
c. The accused may file a motion for new resorting to extreme means will always be justified?
trial based on one ground newly
discovered evidence. a. Yes, since an arresting officer is required to
act within the performance of his duty, he
31. The doctrine of primacy of the criminal action, must stand his ground and cannot, like a
which provides that civil action is thus suspended in private individual, take refuge in fight; his
whatever stage it may be found upon the filing of the duty requires to overcome his opponent.
criminal action, accepts certain exceptions. Which of b. No, it was provided under the Rules of Court
the following are among those exceptions? that no violence or unnecessary force shall
be used in making an arrest. Such provision
a. In cases of independent civil action accepts no exception.
b. In cases where the civil action presents c. It depends, the reasonableness of the force
a prejudicial questions employed by the arresting officer must be
c. When the act or omission from which adjudged in the light of the circumstances as
civil liability may arise did not exist they appeared to the officer at the time he
d. Both a and b acted, and the means is generally
e. All of the above considered to that which ordinary prudent
and intelligent person with the knowledge
32. What is the nature of the right to preliminary would have deemed necessary under the
investigation? circumstances.

a. Inquisitional 36. As a rule a private person making an arrest


b. Personal should notify the person arrested of his purpose and
c. Alternative acquaint him with the cause of the arrest, however
d. Both a and b this rule accepts certain exceptions. Which of the
e. All of the above following are those exceptions?

33. Which of the following instances will operate as a. Where the arrest is made at the time the
waiver of the right to preliminary investigation by the offense is committed for attempted or on
accused? fresh pursuit;
b. When the giving of such information is
a. If the accused fails to ask for preliminary largely impracticable, as when he forcibly
investigation after being aware for more than resists before the person making the arrest
five (5) days that the case had been filed in has the opportunity so to inform him;
court. c. When the giving of the information will
b. Where the accused posted a bond imperil the arrest;
c. Failure to claim it before the accused d. All of the above
pleaded
d. Both a and c 37. What is the nature of the right to appeal, which
e. All of the above is extended to the accused?

a. Statutory right
b. Absolute right
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c. Personal right b. The Court of Tax Appeals or any
d. Both a and c member thereof.
e. All of the above c. The Court of Appeal or any member of
thereof.
38. It is one of the modes of discovery in criminal d. The Supreme Court or any thereof.
cases especially given to the accused, the purpose
of which is to prevent surprise, suppression, or 43. The Sandiganbayan:
alteration of any written statements given by the
complainant and the other witnesses in any a. Has no jurisdiction over petitions for
investigation of the offense conducted by the prohibition, certiorari or mandamus.
prosecution or any other investigating officers: b. Has jurisdiction, if it is in an aid of its
Appellate Jurisdiction.
a. Production or inspection of evidence in the c. Has jurisdiction regardless of whether it
possession of the prosecution is in aid of its appellate jurisdiction or
b. Suspension of arraignment not.
c. Presentation of bills of particular
d. Appointment of counsel de officio 44. While R was walking along a deserted street in
e. Informing the accused of all the rights he Esperanza, Agusandel Sur, a heavily tinted van
can availed of stopped behind him and five armed, masked men
alighted from the vehicle. The men grabbed R, threw
39. When is a provisional dismissal become him inside the van, blindfolded him and tied his
permanent with respect to the offenses punishable hands behind his back. The van proceeded to
by imprisonment of more than six (6) years? Cagayan De Oro City, passing by Agusandel Norte.
In Cagayan de Oro, the group transferred to another
a. One (1) year after issuance without the case van and went up to Malaybalay, Bukidnon. Upon
having been revived arriving in Malaybalay, the group met someone who,
b. Two (2) years after the issuance without the after confirming Rs identity, gave a thick wad a
case having been revived peso bills to the groups leader, T. Using a handgun,
c. Fifteen (15) days after the issuance T shot R five times at the back, instantly killing him.
d. Thirty (30) days after notice to the accused What crime/s was/were committed and when court/s
e. None of the above have jurisdiction over the case/s?

40. In resolving a motion to quash, the court shall a. The crime committed was Kidnapping with
consider no ground other than those stated therein Murder and the RTCs of Esperanza, Agusan
except: del Norte, Cagayan de Oro and Bukidnon
have concurrent jurisdiction over the case.
a. Double jeopardy b. The crime committed was Murder and the
b. Extinction of the criminal action RTCs of Esperanza, Agusan Del Norte,
c. Extinction of the criminal liability Cagayan de Oro and Bukidnon have
d. Lack of jurisdiction over the subject matter or concurrent jurisdiction over the case.
offense charged. c. The crime committed was Kidnapping with
Murder and the RTC of Esperanza has
41. Where the criminal action has already been filed exclusive jurisdiction over the case.
in the proper court, the application for the issuance d. The crime committed was murder and the
of a search warrant for the seizure of the instrument RTC of Bukidnon has exclusive original
used in the commission of the crime may be filed in: jurisdiction over the case.

a. Any Court in the province where the 45. N, a barangay tanod, also moonlights as driver
instrument is kept. of cargo forwarder, transporting goods and materials
b. The proper Court where the criminal action to and from the Manila South pier. One night, while
has been filed or is pending driving one of the employers cargo trucks to the
c. Any Court in the Judicial region where the pier, N met a road mishap resulted in the opening of
crime was committed some of the crates in the trucks cargo hold. Upon
d. In any Court within the Judicial Region inspection, N noticed that crates contained bags of
where the accused resides white powdery substance. Suspecting the substance
to be shabu, N immediately called a kumpadre
42. Who may not grant a writ of habeas corpus? narcotics agent who took possession of the cargo for
laboratory examination. The cargo was confirmed to
be shabu. The shabus shipper, M, was tracked and
a. Any Regional Trial Court judge.
prosecuted for illegal possession of shabu. During
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the trial. M moved to suppress the shabu on the Dumaguete (RTC) found that the evidence against Z
ground that they were the product of an is strong thus it denied his bail application. However,
unreasonable warrantless search, As Judge, would after trial, the RTC Dumaguete found Z guilty of
you exclude the evidence? Homicide only and sentenced him to an
indeterminate term of eight years and one day of
a. Yes the search was unreasonable because prison mayor, as minimum, to fourteen years and
N, a barangay tanod, is a government agent eight months of reclusion temporal, as maximum
thus he should have first secure a warrant. and cancelled Zs bail. Z had filed a notice of appeal
b. No, the warrantless search was valid under to the Court of Appeals. He wants to be freed on bail
the plain view doctrine. Supported by Ns pending his appeal. Where should Z apply for bail?
reasonable suspicion that the white powdery
substance was shabu. a. Z. should apply for bail in the RTC
c. Yes, there was no probable cause to Dumaguete which rendered judgment
conduct a warrantless search, as shown by against him.
the fact N had to call a narcotics agent b. Z should apply for bail in the CA as he had
kumpadre to determine if the spilt cargo was filed a notice of appeal of a conviction for a
prohibited substance. bailable offense.
d. No, N search the cargo as a private citizen c. Z should apply for bail in the RTC
thus, he can do so even without a warrant. Dumaguete which retains residual
jurisdiction over the case for purposes of
46. While patrolling an area known for high granting bail pending appeal.
incidence of drug related offenses, Sgt. Matalis-mata d. Z should apply for bail in the CA as the trial
and Sgt. Bilis-takbo came upon a group of five court had lost jurisdiction over the case upon
teenagers standing in the curb, near a parked car. the filing of Zs appeal.
Upon seeing the patrol car, the five teenagers
scampered in all directions. Sgt. Bilis-takbo quickly 48. After receiving tips that marijuana shrubs are
alighted from the vehicle and chased the nearest being grown in a compound inside a subdivision,
teenager, H, Sgt. Bilis-takbo shouted at H to stop Sgt. Liit, a narcotics agent specializing in marijuana
but H continued running. Upon rounding a corner, H horticulture, checked-out the place. To his dismay,
threw away something. SgtBilis-takbo, who was hot Sgt. Liit a narcotics discovered that the compound
on Hs heels scooped-up the object, and continued was walled-off by a seven-foot concrete fence. To
the chase. Eventually, Sgt. Bilis-takbo overtook H get a better view, Sgt. Liit climbed a nearby kaimito
and patted him down. No weapons or incriminating tree. With the higher elevation, Sgt. Liit saw in one
evidence were found. However, upon examination corner of the compound a green house where
by the crime lab, the object H threw on the sidewalk meter-high , marijuana like shrubs were being
turned out to be crack cocaine. During his trial for grown. Sgt. Liit went down the tree. Knocked on the
illegal possession of prohibited substance, H compounds gate, introduced himself to the lone
objected to the admission of the crack cocaine. As caretaker, went inside the compound and uprooted
judge would you admit the evidence? some of the shrubs. Upon examination by the crime
laboratory, the shrubs were confirmed to be
a. Yes, the search was validly done incident to marijuana. In the hearing to suppress the evidence,
the warrantless arrest based on probable the prosecution contended that Sgt. Liit seized the
cause arising from the suspects suspicious evidence under the plain view doctrine, is this
conduct in running away upon seeing the contention tenable?
police car.
b. No, the search was illegal because there a. Yes, because it was immediately apparent
was no valid arrest. The suspects conduct to Sgt. Liit, a marijuana horticulturist, that
of running not being sufficient to engender a the shrubs were marijuana.
well-founded belief that the suspect was b. No, because the shrubs were not in plain
committing as a crime. view as Sgt. Liit had to climb a nearby tree
c. Yes, the evidence was obtained even before to see them.
the suspect was arrested rendering the rules c. Yes, because Sgt. Liit, upon seeing the
on valid search and seizure inapplicable. shrubs, had probable cause to believe that
d. No, the evidence should be suppressed they were marijuana.
because the suspect was effectively already d. No, because Sgt. Liit had to enter the
under the policemans control, yet there was compound in order to obtain a sample of the
no probable cause to effect the arrest. marijuana.

47. Z, who was charge with Murder, applied for bail. 49. Is a mandatory file search of laptops of
After the bail hearing, the Regional Trial Court of departing passengers at airports (that is, the
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activation of laptops and the random opening of any 52. Can a prosecutor conducting a preliminary
of its files) reasonable? investigation require the parties to submit a draft
Resolutions for their respective positions (that is, for
a. Yes, because the search is just pro-forma the complaint, a Resolution dismissing the complaint
and there is reduced expectation of privacy for lack of probable cause) either of which he will
in airports. just adopt, depending on his evaluation of the case?
b. No, because such search without probable a. Yes, nothing in the Revised Rules of
cause violates the right of passengers to the Criminal Procedure prohibits such a
privacy of their papers. procedure.
c. Yes, because the governments interest in b. No, as this will allow the parties to exert
monitoring cases of violation of anti-piracy undue influence on the prosecutor.
and pornographic laws is paramount over c. Yes, as this will result in the prompt
the passengers right to privacy. resolution of preliminary investigations.
d. No, because the governments interest in d. No, because the prosecutor should
instituting screening measures in personally determine whether there is
transportation hubs such as airports and probable cause to try the accused.
terminals relates to ensuring the safety of
passengers, not crimes the evidence for 53. Choose one effect from the following which does
which may be found in laptops. not arise or result from the filing of demurrer to
evidence.
50. Can Department of Justice prosecutors conduct
preliminary invitation of a complaint for Bribery a. The defendant does not waive his right to
against a BIR Regional Director for violation of offer evidence in the event his motion is
Republic Act 3019 (Anti-Graft and Corrupt Practices denied.
Act)? b. In case of reversal, the appellate court shall
render judgement for the plaintiff
a. Yes, as DOJ prosecutors have been with a base on the evidence alone.
very broad investigatory powers. c. If the motion is granted and the order of
b. No, because the Ombudsman has exclusive dismissal is reversed upon appeal, the
original jurisdiction to investigate public movant loses the right to present evidence
officials and employees. on his behalf.
c. Yes, because the DOJ prosecutors and the d. When the accused filed demurrer to
Ombudsman exercise concurrent evidence and denies the motion to
investigatory powers over public officers. dismiss, the accused may adduce evidence
d. No, unless the parties submit themselves to in his defense and submits the case for
the DOJ prosecutors judgement on the basis of the evidence of
the prosecution.
51. Which court/s 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 respondents are officials 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
respondents is an official with salary grade
27.
d. The Sandiganbayan of the proper Regional
Trial Court, depending on which court first
acquires jurisdiction over the case.

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