Rule 116 Arraignment and Plea

1.Which of the following is NOT the duty of the court before arraignment?
a. Inform the accused of his right to counsel;

b. Ask him if he desires to have one

c. Must assign a counsel de officio to defend him, unless the accused is
allowed to defend himself in person or has employed a counsel of his
choice.
d. Ask the accused if he wants to file motion for a bill of particulars.
Answer: D. (Sec. 6, Rule 116)
2. Before arraignment and plea, the accused may avail of the following,
EXCEPT:
A .Motion for a bill of particulars
b. Motion to suspend arraignment
c. Motion to quash the complaint of information
d. Plea guilty to get a lesser sentence
Answer: D (Sec. 9 and Sec. 11, Rule 116; Sec. 1 Rule 117)
3. What is one the duties of the court when the accused pleads guilty to a
capital offense?
a. Conduct a searching inquiry into the voluntariness and full
comprehension of the consequences of the plea
b. Call upon the counsel of the accused and the prosecution into the
chambers to discuss the case
c. Immediately sentenced the accused of the offense charged
d. Ask the defense to present evidence that would support the accused's
plea on guilty
Answer: A. (Sec 3. Rule 116)
Rule 117 Motion to Quash

4. A motion to quash under the Rules on Criminal Procedure should be

filed when?
a. Before judgement
b. Before the prosecution rests
c. After the defense presents its evidence
d. Before the accused enters his plea
Answer: D. (Sec. 1, Rule 117)
5. An exception to the rule in the answer to previous question are the
following, EXCEPT:
a. Failure to charge an offense
b. Lack of jurisdiction over the offense charged
c. Extinction of criminal liability
d. Double jeopardy
e. Lack of evidence
Answer: E. (Sec. 9, Rule 117)
6. When the accused files a motion to quash on the grounds of the facts
charged do not constitute an offense, what must the court do?
a. Dismiss the case immediately as to not to impair the rights of the
accused to be informed
b. Give the prosecution the opportunity to correct the defect by
amendment. The motion shall be granted if the prosecution fails to make
the amendment, or the complaint or information still suffers from the same
defect despite the amendment.
c. Conduct a searching inquiry on the voluntariness of the accused to file a
motion and inform him the effects of granting such motion.
d. Order the prosecution to present its evidence in order for the court to
convince itself that there has been a crime committed and the accused is
probably the perpetrator of the crime.
Answer: B. (Sec. 4, Rule 117)
7. The criminal action or liability has been extinguished when:
a. The accused has served his sentence
b. The accused settles his civil liability with the offended party
c. The accused pleads guilty to a lesser offense
d. The accused has justified the commission of the crime charged
Answer: A
8. The following statements are false, EXCEPT:
a.Double jeopardy applies to administrative cases
b. Double jeopardy applies to preliminary investigation
c. As a general rule a motion to quash may be filed before the prosecution
rests it case
d. Double jeopardy presupposes that a first jeopardy has attached prior to
the second.
Answer: D

9. The following are the requisites for a first jeopardy to attach, EXCEPT:
a. Valid indictment
b. Before a competent court a valid plea is entered and there is an
arraignment
c. The accused has been convicted or acquitted, or the case was
dismissed or validly terminated without his express consent
d. The case was provisionally dismissed
Answer: D
10. A case provisionally dismissed can revived by:
a. Refiling a new information or filing of a new information for the same
offense or one necessarily included in the original offense charged
b. Upon motion of the office of the prosecutor to reopen the case on the
grounds of they were not afforded due process
c. Upon motion of the offended party
d. By conducting a new preliminary investigation by the office of the
prosecutor and upon his motion to retry the case in order to prevent a
miscarriage of justice.
Answer: A
11. What is not an effect of sustaining a motion to quash?
a.The court may order that another complaint or information be filed.
b. If the accused is in custody, the accused shall not be discharged unless
admitted to bail.
c. The court shall order that an amendment be made if the complaint or
information is defective.
d. The court will set a trial date 90 days from the order of granting the
motion to quash in order for the prosecution to prepare its evidence
Answer: D
12. The conviction or acquittal of the accused or the dismissal of the case
shall be a bar to another prosecution in the following cases, EXCEPT:
a. for the offense charged
b. for any attempt to commit the same frustration thereof
c. for any succeeding crimes with the same elements
d. for any offense which necessarily includes or is necessarily included in
the offense charged in the former complaint or information
Answer: C
13. Which of the following statements is TRUE:
a. A dismissal determines the innocence or guilt of the accused
b. A dismissal does not decide on the merits
c. An acquittal is not always based on the merits
d. An acquittal does not attach to double jeopardy
Answer: B
14. Which of the following is NOT a requisite of the form and content of a
motion to quash:
a. Should be in writing
b. Signed by the accused or his counsel
c. Signed by the accused and his counsel
d. Distinctly specify the factual and legal grounds
Answer: C
Rule 118 Pre-Trial
15. The requirements of a pre-trial are:
a. reduced in writing, signed by the accused and counsel
b. reduced in writing, signed by the accused or counsel
c. reduced in writing, signed by the counsel with the consent of the accused
d. reduced in writing, signed by the counsel with the consent of the
accused and private offended party, if applicable.
Answer: A
16. The following are effects of a pre-trial order shall, EXCEPT:
a. Limit the trial to those maters not disposed of
b. Control the course of the action during trial, unless modified by the court
to prevent manifest injustice
c. Allow the accused to enter a plea bargain agreement
d. Binds the parties
Answer: C

17. Who must be present at the pre-trial?

a. counsel of the accused and prosecutor
b. counsel of the accused and the accused
c. counsel of the accused, prosecutor and the offended party
d. counsel of the accused, the accused, prosecutor and the offended party.
Answer: A
18. Its main objective is to achieve an expeditious resolution of the case.
This proceeding is
mandatory in criminal cases and is conducted before trial:
a. pre-trial
b. arraignment
c. preliminary investigation
d. plea
Answer:A
19. What is the role of the judge before pre-trial?
a. determine if the complaint is sufficient in form and substance
b. ask questions on issues raised therein and all questions must be
directed to him to avoid hostilities between the parties
c. determine if there is probable cause to issue a warrant of arrest
d. ascertain whether or not the accused is probably guilty of the offense
charged and conduct a hearing based on the guidelines of summary
procedure
Answer: B
20. The court should do the following when prosecution and
offended party agree to the plea offered by the accused EXCEPT:
a. Issue an order which contains the plea bargaining arrived at
b. Proceed to receive evidence on the civil aspect of the case
c. Render and promulgate judgment of conviction, including the civil liability
or damages duly established by the evidence
d. Determine the amount of bail of the accused
Anwer: D
Rule 119 Trial
21. What are the instances where the presence of the accused is
mandatory?
a. At arraignment and at promulgation of judgement, unless the conviction
is for a light offense
b. At bail hearing and arraignment
c. At preliminary investigation and presenting of evidence
d. At arraignment and questioning of the prosecutor for the determination of
probable cause
Answer: A
22. Any period of delay resulting from the absence or unavailability of an
_______ witness shall be excluded in computing the time within which trial
must commence:
a. essential
b. star
c. main
d. prosecution
Answer: A
23. What is the remedy to secure the appearance of a material witness?
a. Motion for appearance of the witness
b. Motion for bail
c. Motion to suspend
d. Motion for a bill of particulars
Answer: B
24. What is the effect if the material witness refuses to post bail?
a. The court shall commit him to prison until he complies or is legally
discharged after his
testimony has been taken
b. The court shall commit him to the witness protection program
c. The court shall suspend the trial until the witness is ready to provide his
testimony
d. The court shall order the arrest of the material witness on the ground of
contempt and refusal to cooperate
Answer: A
25. The following are requisites in trial in absentia, EXCEPT:
a. the accused has been arraigned
b. the accused has been duly notified of trial
c. the accused has filed a motion to be absent from the trial
d. the accused failed to appear and his reason is not justified
Answer: C
26. What is the remedy when the accused is not brough to trial within the
prescribed period?
a. Motion to quash on the ground of denial of his right to speedy trial
b. Motion to dismiss on the ground of denial of his right to speedy trial
c. Motion to suspend then file an administrative case due to the gross
negligence of the judge and prosecutor
d. Motion to dismiss on the ground of insufficiency of evidence
Answer: A
27. If the accused fails to move for the dismissal prior to trial on the ground
of denial of his right to speedy trail, what is the effect?
a. the accused may before judgement still file for the motion to dismiss
b. the accused waives his right to a speedy trial
c. the accused may file a petition for certiorari on the ground that the court
gravely abused its discretion
d. the accused may file a motion to suspend the proceedings on the ground
that he was deprived of his right to a speedy trial
Answer: B
28. The reckoning point to the right to a speedy disposition of a cases is:
a. the first day of trial
b. the date when the prosecution rests its case
c. the date when the case is submitted for decision
d. the date of arraignment
Answer: B
29. It is a motion to dismiss due to the insufficiency of the evidence
presented by the prosecution to overturn the presumption of innocence in
favor of the accused:
a. demurrer to evidence
b. motion to quash
c. motion of a bill of particulars
d. petition for certiorari under rule 65
Answer: A
30. Which of the following is not a requisite for discharge of the accused to
become a state witness:
a. Two or more persons are jointly charged with the commission of any
offense
b. The prosecution files a motion before resting its case
c. The prosecution is required to present evidence and the sworn statement
of each proposed state witness at a hearing in support of the discharge
d. The court is satisfied that the conditions required by Rules are present
e. The court orders the state witness to post bail in order to secure his
attendance
Answer. E
31. The discharge of a witness operates as an acquittal and a bar to further
prosecution for the same offense. What is the exception?
a. When the offended party does not provide his consent
b. When the witness is admitted to bail
c. When the witness testifies and the offended party is absent from the trial
d. When the accused fails or refuses to testify against his co-accused.
Answer: D
32. The order granting the demurrer is not appealable but may be
reviewed. What is the remedy?
a. Motion for a new trial
b. petition for certiorari under Rule 45
c. petition for certiorari under Rule 65
d. motion for reconsideration
Answer: C

33. What is the effect of granting a demurrer to evidence?

a. Acquittal
b. Re-trial
c. The compliant or information is remanded to the office of the prosecutor
for review
d. The court will grant the prosecutor 10 days to adduce evidence to
support the information or complaint filed against the accused
Answer: A
34. When an accused is discharged as a state witness, what happens to
the evidence adduced in support of his discharge?
a. not included in the trial
b. automatically form part of the trial
c. the court will make a decision on whether or not the evidence should be
part of the trial
d. the court will order a recess so that the judge may personally evaluate
the evidence
Answer: B
35. The following are effects of the denial of motion for leave to file
demurrer to evidence, EXCEPT:
a. The accused may file the demurrer without leave
b. The accused may adduce evidence for his defense
c. The accused may a motion for reconsideration
d. The accused may file an appeal or certiorari after judgement
Answer: C
36. The following are some of the requisites as to the testimony to be a
state witness, EXCEPT:
a. absolute necessity for the testimony of the accused whose discharge is
requested
b. there is No other direct evidence available for the proper prosecution of
the offense, except the testimony of the said accused
c. the testimony can be substantially corroborated in its material points
d. the accused does not appear to be the most guilty
e. the accused has not, at any time, been convicted of any offense
Answer: E
37. If the accused does not enter a plea of guilty or there is no plea
bargaining, what will the court do?
a.the court will conduct a searching inquiry on the willingness of the
accused’s plea
b. the court will order a recess of the proceedings for 5 days to allow the
accused reconsider his plea
c. the court shall immediately proceed with the arraignment and the pre-trial
d. the court will conduct a bail hearing to determine the amount of bail
required to secure the attendance of the accused in the arraignment and
pre-trial
Answer: C
38. What shall the court do when the private complaint or accused is
absent in the pre-trial and parties were duly notified and the counsel for the
accused and the public prosecutor are present?

a. proceed with the pre-trial

b. reschedule the pre-trial
c. dismiss the case
d. send a subpoena to the absent party and compel them to justify their
absence in court

Answer: A
39. If the accused pleads guilty to the information charged and the crime is
not a capital offense, what will the court do?
a. Conduct a searching inquiry on the willingness and the comprehension
of the accused as to the penalty what will be adjudged against him
b. The court shall promulgate judgement immediately
c. The court shall ask the accused the accused if he wants to enter a plea
bargain agreement to lessen the penalty to be imposed upon him
d. The judge will review the information and affidavits submitted to him to
determine the guilt or innocence of the accused
Answer: B
40. The court shall encourage the accused to avail of:
a. Conditional examination of the witness for the defense
b. Application for examination of witness for the accused before trial
c. Plea bargaining agreement
d. Motion to quash on the grounds that the information is defective
Answer: B

41. How long is the duration to fully examine a witness?

a. one month
b. one day
c. one week
d. one hour
Answer: B
Judgement Rule 120
42. Which of the following is not a requisite of judgement?
a. written in the official language
b. personally and directly prepared by the judge
c. signed by the judge
d. contains clearly and distinctly a statement of the facts and the law upon
which judgement is based
e. signed by the office of the prosecutor and the accused
Answer: E

43. For a court to have a valid judgement, it has to have jurisdiction. Which
of the following is not a jurisdictional requirement?
a. jurisdiction over the person of the accused
b. jurisdiction over the subject matter
c. jurisdiction over the territory
d. jurisdiction over the case at bar
Answer: D
44. A judgement rendered by the court shall contain the following,
EXCEPT:
a. Legal qualification of the offense
b. Participation of the accused
c. Penalty imposed upon the accused
d. Civil liability or damages caused by his wrongful acts or omissions
e. Date of release of the accused