MIDTERMS EXAMINATION

NAME: KIRK EDMUND N. OLEA

SECTION:BSCR 4C

1.It is an inquiry or proceeding to determine whether there exists sufficient ground to engender a well-
founded belief that a crime has been committed and that the respondent is probably guilty thereof, and
should be held for trial.
Question Type
A. Preliminary Inquiry
B. Preliminary Investigate
C. Preliminary Investigation
D. Primary Investigation
ANSWER: C. Preliminary Investigation

2. It is the taking of a person in order that he may be bound to answer for the commission of an offense
A. Warrant of Arrest
B. Arrest
C. Search Warrant
D. Searches and Seizure
ANSWER: B. Arrest

3. What are the two modes of arrest?

A. warrant of arrest and search warrant
B. valid warrant and warrantless arrest
C valid warrant and citizen’s arrest
D all of the above
ANSWER: A. warrant of arrest and search warrant

4. Which of the following is/are the duties of the arresting officer?

A. To make an arrest thereunder but also makes it his duty to carry out with delay the commands
thereof
B. To deliver the person arrested to the nearest hall of justice without unnecessary delay
C. To exert violence against the arrested person with/without the necessity to do so
D. None of the above
ANSWER: A. To make an arrest thereunder but also makes it his duty to carry out with delay the
commands thereof

5. Which of the following has the power to define and punish crime?
A. Executive Department
B. Legislative Department
C. Sandiganbayan
D. Supreme Court
ANSWER: D. Supreme Court

6. The power or authority of a court to try, hear and decide a class of criminal case brought before it
A. Criminal Jurisdiction
B. Criminal Jurisprudence
C. Criminal Procedure
D. Criminal Due Process of Law
ANSWER:

7. BONUS

8. The process whereby the accused and the prosecutor in a criminal case work out a mutually
satisfactory disposition on the case subject to court approval.
A. Preliminary Investigation
B. Arraignment
C. Plea Bargaining
D. Pre-trial
ANSWER:

9. BONUS

10. BONUS

11. 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. Complaint
B. Information
C. Subpoena
D. Warrant of Arrest
ANSWER: A. Complaint

12. This 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. Right to due process of law
B. Presumption of innocence
C. Right to remain silent
D. Right against self-incrimination
ANSWER: B. Presumption of innocence

13. The length of validity of a search warrant is

A. 10 days
B. 15 days
C. 30 days
D. Unlimited
ANSWER: . 10 days

14. Violations of City or municipal ordinance are within the

A. concurrent jurisdiction of the RTC and MTC
B. exclusive original jurisdiction of the RTC
C. exclusive jurisdiction of the Family Court
D. exclusive original jurisdiction of the MTC
ANSWER: A. concurrent jurisdiction of the RTC and MTC

15. Preliminary investigation is required in those criminal cases where the penalty provided by law for
the offense charged is
A. at least 4 years, 2 months and 1 day of imprisonment with respect to the amount of fine
B. more than 4 years, 2 months and 1 day of imprisonment irrespective of the amount of fine
C. at least 4 years, 2 months and 1 day of imprisonment irrespective of the amount of fine
D. less than 4 years, 2 months and 1 day of imprisonment irrespective of the amount of fine
ANSWER:

16. BONUS

17. If it appears at any time before judgment that a mistake has been made in charging the proper
offense, the court shall dismiss the original complaint or information upon the filing of a new one
charging the proper offense, provided the accused shall not be placed in double jeopardy.
A. Substitution
B. Amendment
C. Changes
D. All of the above
ANSWER: D. All of the above
18. Criminal procedure is a
A. substantive law
B. constitutional law
C. procedural or remedial law
D. administrative law
ANSWER: B. constitutional law

19. Criminal jurisdiction over the subject matter shall be determined by the
A. law enforced at the time of the commission of the offense
B. law enforced at the time of trial
C. law enforced at the time of the institution/filing of the offense
D. law enforced at the time of the discovery of the offense
ANSWER: A. law enforced at the time of the commission of the offense

20. How many days from the time the accused learns of the filing of the complaint/information against
him, can he demands for preliminary investigation?
A. 10 days
B. 5 days
C. 15 days
D. 3 days
ANSWER: A. 10 days

21. The following are the purposes of preliminary investigation except

A. To protect the State from having to conduct useless and expensive trials
B. For the Investigating Prosecutor to determine if a crime has been committed
C. To protect the accused from the convenience, expense and burden of defending himself
D. All of the above
ANSWER: D. All of the above

22. The following are the instance/s when right to Preliminary Investigation is waived except
A. Failure to claim it before the accused pleaded
B. Silence of the accused
C. Failure to request it within 5 days from the time he learns of the filing
D. All of the above
ANSWER: D. All of the above

23. If the Investigating Prosecutor finds probable cause to hold the respondent for trial he shall prepare
the resolution and subpoena
A. Absolutely True
B. Absolutely False
C. Partially True
D. None of the above
ANSWER: A. Absolutely True

24. Hearsay Evidence can be totally accepted during Preliminary Investigation in determining probable
cause
A. Absolutely True
B. Absolutely False
C. Partially True
D. None of the above
ANSWER: B. Absolutely False

25. How is arrest made?

A. By an actual restraint of the person to be arrested
B. By his submission to the custody of the person making the arrest
C. Both A&B
D. A only
ANSWER: C. Both A&B

26. What are the things that may be confiscated upon arrest of a person?
A. Objects which are the fruits of the crime
B. Dangerous weapons and those which may be used as evidence
C. Objects, the possession of which is illegal per se
D. All of the above
ANSWER: D. All of the above

27. In lawful warrantless arrest, the arrest must precede the search incidental thereto
A. Absolutely True
B. Absolutely False
C. Partially True
D. None of the above
ANSWER: A. Absolutely True

28. What do you mean by Return of Warrant of Arrest?

A. Physical delivery of the warrant to the issuing court
B. Making a report of the officer charged with its execution on the action taken by him
C. Both A & B
D. None of the above
ANSWER: B. Making a report of the officer charged with its execution on the action taken by him

29. When in his presence the person to be arrested has committed, is actually committing, or is
attempting to commit an offence
A. In Flagrante Delictu
B. In Flagrante Delicio
C. In Flagrente Delicto
D. In Flagrant Delicto
ANSWER: C. In Flagrente Delicto

30. When an offense has in fact just been committed and he has probable cause to believe based on
personal knowledge of facts and circumstances that the person to be arrested has committed it
A. Doctrine of Hot Pursuing
B. Doctrine of Hot Pursuit
C. Doctrine of Not Pursuit
D. Doctrine of Not Pursuing
ANSWER: B. Doctrine of Hot Pursuit

31. If the arrest was effected without warrant, the arresting officer must comply with the provisions of
Article _____ of the Revised Penal Code
A. 125
B. 126
C. 127
D. 128
ANSWER: D. 128

32. A form of entrapment which has been repeatedly accepted to be a valid means of arresting violators
of the Dangerous Drugs Law.
A. Buy-Bast Operations
B. Buy-Boost Operations
C. Buy-Bust Operations
D. Buy-Best Operations
ANSWER: C. Buy-Bust Operations

33. What is the time of making arrest?

A. Only in daytime
B. On any day and at any time of the day
C. Both A&B
D. None of the above
ANSWER: B. On any day and at any time of the day

34. What are the duties of the arresting officer?

A. To inform the cause of the arrest
B. To inform the fact that a warrant has been issued for his arrest
C. To inform his Miranda Rights
D. All of the above
ANSWER: D. All of the above

35. What are the Miranda Rights of the accused?

A. Right to remain silent and right to have a competent and independent counsel
B. Right to remain silent and right to have a competent and dependent counsel
C. Right to remain silent and right to have a incompetent and independent counsel
D. Right to remain silent and right to have a incompetent and dependent counsel
ANSWER: A. Right to remain silent and right to have a competent and independent counsel

36. It refers to arrest effected by a private person

A. National's Arrest
B. Citizen's Arrest
C. Private Arrest
D. Community Arrest
ANSWER: B. Citizen's Arrest

37. BONUS

38. The following are the requisites for a valid exercise of criminal jurisdiction except:
A. Jurisdiction over the prosecution
B. Jurisdiction over the subject matter
C. Jurisdiction over the person of the accused
D. Jurisdiction over the territory
ANSWER: A. Jurisdiction over the prosecution

39. In criminal law, venue is

A. Jurisdictional
B. Territorial
C. Special
D. All of the above
ANSWER: A. Jurisdictional

40. It is mandatory and indispensable in criminal proceedings and cannot be possibly met without a law
which hears before it condemns and proceeds upon inquiry and renders judgment only after trial.
A. Due Procedure
B. Due Process
D. Due Processing
D. Due Date
ANSWER: B. Due Process

41. It is procedural and it deals with locality, a particular country or geographical area in which a court
with jurisdiction may hear and determine a case.
A. Venue
B. Jurisdiction
C. Territory
D. All of the above
ANSWER: A. Venue

42. It is substantial and it is the power of the court to decide the case on the merits.
A. Venue
B. Jurisdiction
C. Territory
D. All of the above
ANSWER: B. Jurisdiction

43. In criminal case, venue cannot be waived or stipulated by the parties because it is an element of
jurisdiction.
A. Absolutely True
B. Absolutely False
C. Partially True
D. Partially False
ANSWER: A. Absolutely True

44. An Information must be subscribed by the

A. Offended Party
B. Peace Officer
C. Prosecutor
D. All of the above
ANSWER: C. Prosecutor

45. Only the ______________ may bring or defend the actions in behalf of the Republic of the
Philippines, or represent the People of the Philippines or State in criminal proceedings before the
Supreme Court or the Court of Appeals.
A. Solicitor General
B. Solicit General
C. Solicitation General
D. All of the above
ANSWER: A. Solicitor General

46. In the crimes of Adultery and/or Concubinage, only the offended party shall file the criminal case.
A. Absolutely True
B. Absolutely False
C. Partially True
D. Partially False
ANSWER: A. Absolutely True

47. It means the joinder of two or more separate and distinct or different offenses in one and the same
complaint/information.
A. Duplicity of Offense
B. Multiplicity of Offense
D. Division of Offense
D. None of the above
ANSWER: D. None of the above

48. It refers to a change in either in the form or substance of the same offense in the complaint or
information.
A. Substitution
B. Amendment
C. Changes
D. All of the above
ANSWER: B. Amendment
49. The detection and prosecution of crimes are left to the initiative of officials and agents of the law.
The procedure is characterized by secrecy and the judge is not limited to the evidence brought before
him but could proceed with his own inquiry which is not confrontative.
A. Inquisitorial System
B. Accusatorial/Adversarial System
C. Mixed System
D. None of the above
ANSWER: A. Inquisitorial System

50. It is a crime where any of the courts of the territories where the essential ingredients of the crime
took place have jurisdiction over the offense charged.
A. Continuing Crime
B. Complex Crime
C. Special Complex Crime
D. Continuous Crime
ANSWER: A. Continuing Crime

52. Under the new Constitution, who is empowered to order or change the venue or place of trial in
order to avoid miscarriage of justice?
A. Supreme Court
B. RTC
C. MTC
D. Court of Appeals
ANSWER: A. Supreme Court

51. Jurisdiction over the _____________ is lodged with the trial court having jurisdiction to impose the
maximum and most serious penalty imposable of an offense forming part of the complex crime.
A. Continuing Crime
B. Complex Crime
C. Special Complex Crime
D. Continuous Crime
ANSWER: B. Complex Crime

53. What should be done in cases of offenses against property where the name of the offended party is
unknown?
A. Court must cause the true name to be inserted
B. What is pivotal is the name and description of the offender
C. The police must label the property in a way that will distinguish it from others
D. Describe the property subject matter with such particularity as to properly identify, the particular
offense charged
ANSWER: D. Describe the property subject matter with such particularity as to properly identify, the
particular offense charged

54. The following are the requisites for a valid exercise of criminal jurisdiction EXCEPT
A. Jurisdiction over the subject matter
B. Jurisdiction over criminal case
C. Jurisdiction over the accused
D. Jurisdiction over the territory
ANSWER: B. Jurisdiction over criminal case

55. Which of the following is an original jurisdiction of the RTC

A. Offenses the imposable penalty for is at least 6 years of imprisonment
B. Offenses the imposable penalty for which exceeds 6 years of imprisonment
C. Offenses the imposable penalty is less than 6 years of imprisonment
D. None of the above
ANSWER: A. Offenses the imposable penalty for is at least 6 years of imprisonment

56. In criminal cases, venue is

A. Jurisdictional
B. Territorial
C. Substantial
D. All of the above
ANSWER: A. Jurisdictional

57. Once the court has acquired jurisdiction, that jurisdiction continues until the court has done all that
it can do in the exercise of that jurisdiction.
A. Principle of Adhering of Jurisdiction
B. Principle of Adherance of Jurisdiction
C. Principle of Adharence of Jurisdiction
D. All of the above
ANSWER: A. Principle of Adhering of Jurisdiction

58. The following are original jurisdiction of First Level Courts EXCEPT:
A. All offenses punishable with imprisonment of not more than 6 years irrespective of the amount of
fine.
B. Where the only penalty provided for by law is a fine of not more than P4,000.00.
C. Where the only penalty provided for by law is a fine of at least P 4,000.00.
D. All other criminal cases where the penalty is imprisonment not exceeding 6 months and/or P 1,000.00
fine
ANSWER: D. All other criminal cases where the penalty is imprisonment not exceeding 6 months and/or
P 1,000.00 fine

59. It is the combination of the inquisitorial and accusatorial system.

A. Inquisitorial System
B. Accusatorial System
C. Mixed System
D. None of the above
ANSWER: C. Mixed System

60. One by which the State prosecutes a person for an act or omission punishable by law.
A. Criminal Liability
B. Criminal Law
C. Criminal Action
D. Criminal Procedure
ANSWER: C. Criminal Action

61. An accusation in writing charging a person with an offense, subscribed by the Prosecutor and filed
with the court.
A. Information
B. Complaint
C. Jurat
D. Affidavit
ANSWER: A. Information

62. All criminal actions commenced by a Complaint or Information shall be prosecuted under the
direction and control of the
A. Private Prosecutor
B. Police Officer
C. Public Prosecutor
D. Judge
ANSWER: A. Private Prosecutor

63. Those which cannot be prosecuted except upon the Complaint filed by the offended party.
A. Public Crimes
B. Private Crimes
C. Criminal Case
D. All of the above
ANSWER: B. Private Crimes

64. It refers to a change in either in the form or substance of the same offense in the complaint or
information
A. Amendment
B. Substitution
C. Ratification
D. Revision
ANSWER: A. Amendment

65. Who shall FIRST prosecute the criminal cases of Seduction, Abduction or Acts of Lasciviousness?
A. The State
B. The Offended Party
C. The Prosecutor
D. The Judge
ANSWER: C. The Prosecutor

66. Who can file a Complaint?

A. Offended Party
B. Any Peace Officer
C. Other Public Officer
D. All of the above
ANSWER: A. Offended Party

67. Before the accused enters his plea, any amendment (formal/substantial), may be done without leave
of court.
A. Absolutely True
B. Absolutely False
C. Partially Tue
D. None of the above
ANSWER: A. Absolutely True

68. What are the two kinds of Amendment?

A. Total and Partial
B. Formal and Substantial
C. Whole and Half
D. Formal and Informal
ANSWER: D. Formal and Informal

69. What is the nature of an amended information?

A. It supersedes the original
B. Not a new information
C. Letter A only
D. Both A & B
ANSWER: A. It supersedes the original

70. The following are the common requisites as to the form of complaint or information EXCEPT:
A. In writing
B. In the name of the People of the Philippines
C. Must be subscribed by the offended party
D. Against all persons who appear to be responsible for the offense involved
ANSWER: C. Must be subscribed by the offended party
.