OUR LADY OF FATIMA UNIVERSITY

College of Criminology
PRELIMS - CLJ 3

Atty Raymond A. de Guzman, LLB, LLM.

I. Choose the best answer:

1. In a highway robbery inside a bus which started its journey in Manila and ending in Valenzuela,
passing thru Caloocan, where do you institute the criminal action?
a. Manila b. Caloocan c. Valenzuela d. All of the above

2. Eddie, a man who is already married to Gina in Manila in 2005, contracted a second marriage with
Susan in 2008 in Caloocan. Eddie and Gina cohabited in Valenzuela. Where do you institute the criminal action
for bigamy?
a. Manila b. Caloocan c. Valenzuela d. All of the above

3. Mike, a lawyer bought a bicycle in Valenzuela to be used by his messenger in his law office in
Manila. The messenger sold the bicycle to his neighbor in Calooocan. Where do you file the estafa case
committed by the messenger?
a. Manila b. Caloocan c. Valenzuela d. All of the above

4. Kiko delivered a check (BPI-Valenzuela) to Totoy in Manila. Totoy presented the check in
Metrobank Caloocan and is subsequently drawn from BPI Valenzuela wherein it was dishonored for lack of
funds (bouncing check). Where do you file the BP 22 case?
a. Manila b. Caloocan c. Valenzuela d. All of the above

5. Cindy, 16 years old, was taken with her consent from Manila to Caloocan. Her residence is in
Valenzuela. Where do you file the abduction case?
a. Manila b. Caloocan c. Valenzuela d. All of the above

6. Mr. Ching was kidnapped in Valenzuela with the intention of getting ransom. He was brought to
Caloocan. When the ransom was not paid, he was brought to Manila where he was killed. Where do you file
the kidnapping case?
a. Manila b. Caloocan c. Valenzuela d. All of the above

7. Reynante falsified his attendance in a factory in Valenzuela. The attendance sheet was brought to
their office in Caloocan where the payroll department was located. The main office of the company is in
Manila. Where do you file the falsification case?
a. Manila b. Caloocan c. Valenzuela d. All of the above

8. Girly, a 13 year old girl was raped. She became insane as a result of the rape. Her mother who is in
prison serving life sentence wanted to file the case. Girly has no other relative aside from her mother. Who
has the exclusive right to file the case?
a. Girly b. Girly’s mother c. The Sate d. No none

9. Refers to a felony which cannot be prosecuted except upon the complaint of the aggrieved party.
a. Complex crime b. Continuing crime c. Private crime d. Public crime

10. Rudy is already married in 2001. In 2005 he married another woman. In 2006 he filed an action to
declare his 2001 marriage as void claiming that he was only 16 years old at that time. In 2008, Rudy’s wife
filed a bigamy case against him. Rudy moved for the suspension of the bigamy case on account of a prejudicial
question arising from his annulment case.
a. The Annulment case is prejudicial question.
b. The annulment case is not a prejudicial question.
c. The annulment case should be included in the bigamy case.
d. The bigamy case should be dismissed because the 2001 marriage is void.

11. In the preceding question, who are the persons who can file the bigamy case?
a. Rudy’s wife only. b. Any person. c. Law Enforcer d. All of the above.

12. In the preceding question, where do you file the bigamy case?

a. Place of 2001 marriage b. Place of 2005 marriage c. Anywhere d. None of the above

13. A person arrested W/O a warrant who wants to avail of preliminary investigation must:
a. Waive Article 125 of the RPC b. Post bail c. Avail of inquest d.None of the above.

14. The civil action is instituted along with the criminal case.
a. Yes. b No. c. Yes, if allowed by the court. d. Yes, if public crimes are involved.
15. Randy did not submit a counter affidavit in the preliminary investigation. The case will:
a. Be dismissed. b. Proceed. c. Suspended. d. None of the above.
 16. The civil case is deemed instituted with the criminal action except when it is:
a. Reserved. b. Waived. c. Filed ahead. d. All of the above.

17. A crime on board a Philippine-registered vessel passing thru Manila bay bound for Cebu is
cognizable in:
a. Manila b. Cebu c. Anywhere in the Philippines. d. None of the above.

18. Rape is cognizable by what court?

a. RTC b. MTC c. MetC d. MCTC

19. Civil liability is paid to the:

a. Government. b. Offended party c. The court. d. To charity

20. The nickname of the accused may be stated in the Information and such will already be sufficient.
a. Yes. b. No. c. Yes, if nickname is unique. d. Yes, if allowed by the court.

21. Andy is a public officer charged with malversation. Which court has jurisdiction over his case?
a. Sandiganbayan b. Ombudsman c. Tanodbayan d. Regional Trial Court

22. What if Andy is salary grade 28?

a. Sandiganbayan b. Ombudsman c. Tanodbayan d. Regional Trial Court

23. What it Andy is a private person who aided the governor in committing malversation?
a. Sandiganbayan b. Ombudsman c. Tanodbayan d. Regional Trial Court

24. If Andy is convicted, what will happen to the money taken from the government?
a. Returned to the government. c. Used by Andy to pay the fine.
b. Kept by Andy. d. Given to charity.

25. Ana was raped by Miguel. If Ana does not want to file it, who may file the case for her?
a. By her mother. b. By her grandparents. c. By law enforcer. d. None of the above.

26. Is a sworn written statement charging a person with an offense, subscribed by the offended party,
any peace officer, or other public officer charged with the enforcement of the law violated.
a. Preliminary Investigation c. Complaint
b. Prosecution d. Information

27. Is an accusation in writing charging a person with an offense, subscribed by the prosecutor and
filed with the court.
a. Preliminary Investigation c. Complaint
b. Prosecution d. Information

28. All criminal actions commenced by a complaint or information shall be prosecuted under the
direction and control of the:
a. Law Enforcer c. Judge
b. Prosecutor d. All of the above

29. When the prosecutor assigned to the case is not available, who may prosecute the case?
a. Law Enforcer c. Judge
b. Prosecutor d. Offended Party

30. The crimes following crimes shall not be prosecuted except upon a complaint filed by the offended
spouse.
a. Adultery c. Bigamy
b. Concubinage d. All of the above

31. This offense shall not be prosecuted upon a complaint filed by the offended party, her parents,
grandparents or guardian:
a. Seduction c. Kidnapping
b. Rape d. All of the above

32. In the preceding number, if the offended party, her parents or guardian are all incapacitated, the
case may be filed by:
a. Law Enforcer c. Barangay Chairman
b. State d. All of the above

33. Is the authority of the court to hear and decide a case.

a. Cognizance c. Imprimatur
b. Jurisdiction d. All of the above

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 34. Is the method prescribed by law for the apprehension and prosecution of persons accused of
criminal offense and for their punishment, in case of conviction.
a. Criminalistics c. Civil Procedure
b. Criminal Procedure d. Rules of Court

35. The following are sources of criminal procedure, except:

a. Rules of Court c. Supreme Court circulars
b. Revised Penal Code d. Civil Code

36. Jurisdiction is conferred by:

a. Law c. Cases decided by the courts
b. Circulars of the Supreme Court d. All of the above

37. Which court has the authority to hear and decide case involving public officers with salary grade 27
who are charged with a criminal acts?
a. Ombudsman c. Tanodbayan
b. Sandiganbayan d. All of the above

38. An Accused charged with libel shall be tried before the:

a. Regional Trial Court c. Barangay justice

b. Municipal Trial Court d. None of the above

39. Is an inquiry or proceeding to determine whether there is sufficient ground 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.
a. Preliminary investigation c. Investigation
b. Inquest d. Inquisition

40. Preliminary investigation is required in:

a. Crimes punishable by 6 months, 1 day to 6 years imprisonment;
b. Crimes punishable by at least 4 years, 2months and 1 day imprisonment.
c. Crimes punishable by exactly 4 years, 2months and 1 day imprisonment.
d. Crimes punishable by more than 4 years, 2months and 1 day imprisonment.

41. The following are authorized to conduct Preliminary Investigation, except:

a. Provincial or City Prosecutors and their assistants;
b. Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;
c. National and Regional State Prosecutors; and
d. Other officers as may be authorized by law.

42. Preliminary Investigation is a:

a. Constitutional Right b. Statutory Right c. Human Right d. Civil Right
43. The conduct of preliminary investigation:
a. May be waived by the accused
b. Cannot be waived by the accused because it is mandatory
c. Optional upon the Prosecutor
d. None of the above

44. Denial of preliminary investigation to an accused who is entitled to it and who asserts his right
thereto, amounts to:
a. Violation of human rights c. Grave abuse of discretion
b. Denial of due process d. None of the above

45. In case of absence of preliminary investigation, the accused may:

a. Ask the court for preliminary investigation before arraignment
b. Ask the court for preliminary investigation even after arraignment
c. Appeal the matter to a higher court
d. Move for the dismissal of the case

46. In case of absence of preliminary investigation, and the accused made a timely motion asking for a
preliminary investigation, the court should:
a. Remand the case to the prosecutor for P.I. c. Dismiss the case
b. Continue with the case d. None of the above

47. When the accused, who is charged in court without the benefit of a preliminary investigation, does
not raise any objection, he is deemed to have:
a. Admitted his guilt c. Opted for inquest proceedings
b. Waived the preliminary investigation d. None of the above

48. Preliminary Investigation is:

a. Judicial in nature c. Civil in nature
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 b. Administrative in nature d. None of the above

49. A prosecutor whose main task is to prosecute criminal offenders can conduct preliminary
investigation. If he does so, he should be:
a. Partial towards the accused c. Impartial

b. Partial towards the offended party d. Partial to the side with better evidence

50. A police officer before whom a complaint is filed shall

a. Refer the same to the prosecutor c. File the case before the court
b. Conduct his own preliminary investigation d. None of the above

51. Is the reasonable ground of presumption that a matter is, or may be, well founded does not mean
actual and positive cause nor does it import actual certainty.
a. Referral b. Probable Cause c. Just Cause d. Clarification

52. That crime committed on board a foreign merchant vessel while on waters of another country are
not triable in that country unless those which affect the peace and security of that country or the safety of that
state is endangered.
a. English Rule b. French Rule c. Territoriality d. None of the above

53. Crimes committed on board foreign merchant vessels are triable in the foreign country where they
are situated unless such crimes affect merely the internal management of the vessel.
a. English Rule b. French Rule c. Territoriality d. None of the above

54. Crimes committed on board a Philippine-registered ship or airship is triable in:

a. Philippine courts c. International Court of Justice
b. Courts of the country where the vessel is situated. d. United Nations

55. What about unregistered vessels found in Philippine waters? In case a crime is committed there,
where does jurisdiction lie?
a. Philippine courts c. Country of origin of the accused
b. Country of origin of the crewmembers d. None of the above

56. In a crime of statutory rape, the failure to indicate the age of the offended party in the information
would render the information:
a. Defective b. Void c. Dismissible d. None of the above

57. In case when the evidence submitted by the complainant to the investigating officer consists of
objects such as weapons. The investigating officer will apprise the respondent of said evidence by:
a. Photographing c. Examining
b. Copying d. All of the above

58. Using the preceding number as reference, what if the evidence consists of items other than
weapons? What would be the mode by which the respondent is to be apprised of the evidence?
a. Photographing c. Lending
b. Sampling d. All of the above

59. The respondent has ___ days to submit his counter-affidavit.

a. 10 days from date of the complaint
b. 10 days from receipt of the complaint
c. 10 days from receipt of the subpoena and complaint
d. None of the above

60. Instead of filing a counter-affidavit, the respondent may opt to file instead a:
a. Motion to dismiss c. Motion for Speedy Disposition of Case
b. Motion for bill of Particulars d. None of the above

61. If the respondent cannot be subpoenaed or if subpoenaed does not submit his counter-affidavit, the
preliminary investigation shall:
a. Proceed b. Be dismissed c. Be suspended d. None of the above.

62. The conduct of a hearing during preliminary investigation is:

a. Ministerial c. Mandatory if requested by the complainant
b. Discretionary d. Mandatory if requested by the respondent

63. The following cases are not subject to preliminary investigation, except:
a. Offenses punishable by imprisonment of more than 4 years, 2 moths and 1 day
b. Offenses punishable by imprisonment of less than 4 years, 2 months and 1 day
c. Offenses punishable by prision mayor
d. Offenses punishable by arresto correccional

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 64. Records of preliminary investigation shall:
a. Form part of the records of the case
b. Shall not form part of the records of the case
c. Shall form part of the records if agreed upon by the parties
d. None of the above

65. If a person is arrested without warrant for an offense subject to preliminary, the accused:
a. May request for preliminary investigation provided he post bail
b. May not request preliminary investigation
c. May request preliminary investigation provided he is inquested
d. None of the above

66. During the hearing of the preliminary investigation, the following are allowed, except:
a. Production of evidence c. Motion for postponement
b. Examination of witness d. Motion for extension

67. Is a similar issue in a civil action which was pending when the criminal action was instituted, and
the resolution of such issue determines whether or not the criminal action will proceed.
a. Judicial question c. Prejudicial question
b. Civil Action d. Judgment

68. Is an informal investigation conducted by a prosecutor in criminal cases involving a person arrested
without a warrant to determine whether or not said person shall remain in custody and correspondingly charged
in court.
a. Preliminary Investigation c. Inquest
b. Judicial determination d. All of the above

69. The following are formal requisites of a complaint, except:

a. In writing c. Against the Accused
b. In the name of the People of the Phils. d. With attached evidence

70. A complaint must be subscribed by:

a. Offended party b. Prosecutor c. Judge d. Law enforcer

71. An Information is subscribed by:

a. Offended party b. Prosecutor c. Judge d. Law enforcer

72. Refers to the place where the criminal action is to be instituted:

a. Jurisdiction b. Authority c. Venue d. Area of Responsibility

73. The private offended party, when trying to recover civil liability may intervene thru:
a. Prosecutor b. Law Enforcer c. Judge d. Private Counsel

74 Is an action for the recovery of indemnity under the revised penal code and damages under the Civil
Code.
a. Civil Action b. Civil Liability c. Civil Procedure d. Damage Recovery

75 In the preliminary investigation, the presence of the accused is:

a. Indispensable c. Prohibited
b. Optional d. Acquired thru arrest

76 In a highway robbery inside a bus which started its journey in Manila and ending in Valenzuela,
passing thru Caloocan, where do you institute the criminal action?
a. Manila b. Caloocan c. Valenzuela d. All of the above

77 Eddie, a man who is already married to Gina in Manila in 2005, contracted a second marriage with
Susan in 2008 in Caloocan. Eddie and Gina cohabited in Valenzuela. Where do you institute the criminal action
for bigamy?
a. Manila b. Caloocan c. Valenzuela d. All of the above

78 Mike, a lawyer bought a bicycle in Valenzuela to be used by his messenger in his law office in
Manila. The messenger sold the bicycle to his neighbor in Calooocan. Where do you file the estafa case
committed by the messenger?
a. Manila b. Caloocan c. Valenzuela d. All of the above

79 Kiko delivered a check (BPI-Valenzuela) to Totoy in Manila. Totoy presented the check in
Metrobank Caloocan and is subsequently drawn from BPI Valenzuela wherein it was dishonored for lack of
funds (bouncing check). Where do you file the BP 22 case?
a. Manila b. Caloocan c. Valenzuela d. All of the above

80.Cindy, 16 years old, was taken with her consent from Manila to Caloocan. Her residence is in
Valenzuela. Where do you file the abduction case?
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 a. Manila b. Caloocan c. Valenzuela d. All of the above

81 Mr. Ching was kidnapped in Valenzuela with the intention of getting ransom. He was brought to
Caloocan. When the ransom was not paid, he was brought to Manila where he was killed. Where do you file
the kidnapping case?
a. Manila b. Caloocan c. Valenzuela d. All of the above

82 Reynante falsified his attendance in a factory in Valenzuela. The attendance sheet was brought to
their office in Caloocan where the payroll department was located. The main office of the company is in
Manila. Where do you file the falsification case?
a. Manila b. Caloocan c. Valenzuela d. All of the above

83 Girly, a 13 year old girl was raped. She became insane as a result of the rape. Her mother who is
in prison serving life sentence wanted to file the case. Girly has no other relative aside from her mother. Who
has the exclusive right to file the case?
a. Girly b. Girly’s mother c. The Sate d. No none

84.Refers to a felony which cannot be prosecuted except upon the complaint of the aggrieved party.
a. Complex crime b. Continuing crime c. Private crime d. Public crime

85. Rudy is already married in 2001. In 2005 he married another woman. In 2006 he filed an action to
declare his 2001 marriage as void claiming that he was only 16 years old at that time. In 2008, Rudy’s wife
filed a bigamy case against him. Rudy moved for the suspension of the bigamy case on account of a prejudicial
question arising from his annulment case.
a. The Annulment case is prejudicial question.
b. The annulment case is not a prejudicial question.
c. The annulment case should be included in the bigamy case.
d. The bigamy case should be dismissed because the 2001 marriage is void.

86. In the preceding question, who are the persons who can file the bigamy case?
a. Rudy’s wife only. b. Any person. c. Law Enforcer d. All of the above.

87. In the preceding question, where do you file the bigamy case?
a. Place of 2001 marriage b. Place of 2005 marriage c. Anywhere d. None of the above

88. A person arrested W/O a warrant who wants to avail of preliminary investigation must:
a. Waive Article 125 of the RPC b. Post bail c. Avail of inquest d.None of the above.

89. The civil action is instituted along with the criminal case.
a. Yes. b No. c. Yes, if allowed by the court. d. Yes, if public crimes are involved.

90. Randy did not submit a counter affidavit in the preliminary investigation. The case will:
a. Be dismissed. b. Proceed. c. Suspended. d. None of the above.

91. The civil case is deemed instituted with the criminal action except when it is:
a. Reserved. b. Waived. c. Filed ahead. d. All of the above.

92. A crime on a Philippine vessel passing thru Manila bay bound for Cebu is cognizable in:
a. Manila b. Cebu c. Anywhere in the Philippines. d. None of the above.

93. Rape is cognizable by what court?

a. RTC b. MTC c. MetC d. MCTC

94. Civil liability is paid to the:

a. Government. b. Offended party c. The court. d. To charity

95. The nickname of the accused may be stated in the Information and such will already be sufficient.
a. Yes. b. No. c. Yes, if nickname is unique. d. Yes, if allowed by the court.

96. Andy is a public officer charged with malversation. Which court has jurisdiction over his case?
a. Sandiganbayan b. Ombudsman c. Tanodbayan d. Regional Trial Court

97. What if Andy is salary grade 28?

a. Sandiganbayan b. Ombudsman c. Tanodbayan d. Regional Trial Court

98. What it Andy is a private person who aided the governor in committing malversation?
a. Sandiganbayan b. Ombudsman c. Tanodbayan d. Regional Trial Court

99. If Andy is convicted, what will happen to the money taken from the government?
a. Returned to the government. c. Used by Andy to pay the fine.
b. Kept by Andy. d. Given to charity.

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100. Ana was raped by Miguel. If Ana does not want to file it, who may file the case for her?
a. By her mother. b. By her grandparents. c. By law enforcer. d. None of the above.

=END OF EXAMINATION=