CRIMINAL PROCEDURE – Prosecutor R.T.

Albano (Reviewer)

1. What will happen if the settlement effort at the barangay succeeds?

a. The case may still be filed in court
b. The case may no longer be elevated to court
c. There is no effect since the lupon ng tagapamayapa is not a court
d. None of the above
2. What will happen the settlement effort fails?
a. The corresponding Certification to File Action will be issued by the Lupon.
b. The police should entertain the case for filing
c. The case may be filed in court
d. All of the above
3. Jose of Catabayungan, Cabagan filed with the PNP a case of Simple Slander punished with arresto menor
against Jun of Lalauanan, Tumauini. Is the case under the jurisdiction of the Katarungang Pambarangay?
a. Yes, simple slander has a penalty less than one (1) year.
b. Yes, Jose and Jun come from adjacent municipalities.
c. No, Jose and Jun come from different municipalities.
d. No, simple slander has a penalty more than (1) year.
4. They can file a complaint
a. Private offended party
b. Police officer
c. PDEA agent
d. All of the above
5. The crime was committed in the City of Ilagan, Isabela
a. It can be filed in any court in the province of Isabela
b. It can only be filed in the court of Ilagan City, Isabela
c. It can be filed only in any city of the province of Isabela
d. None of the above
6. Jose was charged of reckless imprudence resulting in homicide and was arraigned in court on January 1,
2010. He died on January 2, 2010.
a. Only criminal liability is extinguished
b. Both criminal and civil liabilities are extinguished.
c. Only civil liability is extinguished.
d. No liability is extinguished.
7. Mario was charged with Homicide with the Prosecutor’s Office. During the preliminary investigation, Mario
died.
a. The criminal case must be dismissed by the prosecutor without prejudice to the filing of the civil case.
b. The criminal case must be filed in court.
c. The civil case can no longer be filed in court.
d. None of the above
8. Which is true regarding Preliminary Investigation?
a. Judges of Regional Trial Courts can conduct preliminary investigation
b. It is a constitutional right.
c. Preliminary investigation is required for offenses where the penalty is 4 years and 2 months
d. It is a statutory right.
9. Jose who is 17 years old was charged of slight physical injuries, a light felony which is penalized with 1
month of imprisonment. Which has jurisdiction over the case?
a. Municipal Trial Court
b. Regional Trial Court
c. Lupon ng Tagapamayapa
d. All of the above
10. After filing of the case by the police at the fiscal’s office:
a. Warrant of arrest shall be issued by the DOJ
b. Subpoena shall be issued by the investigating prosecutor
c. The Information shall be immediately filed in court
d. All of the above
11. When a person is arrested without warrant::
a. He was apprehended in flagrante delicto
b. He must be brought to inquest proceedings at the office of the prosecutor
c. He can ask for preliminary investigation
d. All of the above
12. Tirso knew that a warrant of arrest was issued for his apprehension for the charge of homicide. So he
asked his sister to go to court and file a “Motion to Post Bail” while he is still at large.
a. Tirso can post bail since homicide is bailable
 b. Tirso can post bail when his motion is granted by the court
c. Tirso cannot post bail since he is at large.
d. Tirso cannot post bail since he has not been arraigned yet by the court.
13. This is a right of an accused:
a. To be presumed innocent
b. To be informed of the nature and the cause of the accusation against him.
c. To be present and defend in person and by counsel at every stage of the proceeding.
d. All of the above
14. During arraignment, the information was read in English. However, he neither speaks nor understands
English.
a. The arraignment was void. .
b. As if no arraignment was conducted
c. The accused was not properly informed of the nature of the accusation against him.
d. All of the above
15. During a trip from Cabagan to Sampaloc, Manila in a Victory Bus, X committed acts of lasciviousness
against victim Y. Where can the complaint for acts of lasciviousness be filed?
a. Only in Cabagan
b. Only in Manila
c. Both in Cabagan and Manila
d. In any municipality or city where the bus passed during the trip
16. Joy, a public school teacher, was charged for Child Abuse and thereafter the Court issued a warrant of
arrest against her. After she learned that an arrest warrant was issued, and to prevent the police from
possibly serving the warrant in school, she immediately sent her husband to court to post her bail.
a. Bail may be granted since Child abuse is bailable
b. Bail may be granted considering her position as a teacher
c. Bail may not be granted since custody over her has not yet been acquired by the court
d. Bail may not be granted since her surrender is not voluntary
17. John posted a surety bond to secure his appearance in court in a case for homicide. During the
promulgation of the judgment, he failed to appear despite notice.
a. The court cannot issue a warrant of arrest since he has posted bail
b. His bondman upon notice of his failure to appear can arrest him and bring him or surrender him to court
c. John can post a new bail bond to secure his appearance for the execution of the final judgment
d. None of the above
18. During promulgation of judgment, the judge simply said judgment is rendered in favor of X and against Y:
a. The decision did not clearly state the facts and law on which it was based
b. May be allowed for as long as it was a written decision
c.Decision was directly promulgated by the judge
d.All of the above
19. After hearing the judge renders a decision or judgment
a.An acquittal is always based on the merit of the case.
b. Similarly a dismissal is based on the merit of the case
c.A conviction means absolute certainty of the truth of the allegations against accused
d.None of the above
20. In crimes of adultery and concubinage:
a. Only the offended spouse can file the complaint
b. A minor child of the spouses can file the complaint independently of the parents
c. A law enforcement officer can file the complaint
d. Any person authorized by law can file the complaint
21. A minor 16 years old was brought for inquest investigation after being arrested without warrant for theft
punishable by not more than six years.
a. The prosecutor may immediately release the child without condition
b. The prosecutor may release the child from detention and refer to the LSWDO for intervention
c. The child since more than 15 years old may be brought to inquest
d. The child should first be referred to preliminary investigation
22. After final judgment of conviction:
a. Bail may still be allowed
b. No bail may be allowed
 c. Bail may be allowed even after the accused has commenced serving sentence
D. None of the above
23. Sec 14, Article III Bill of Rights of the 1987 Philippine Constitution provides for:
a. Privacy of Communication
b. Human Rights
c. Rights of the Accused
d. Freedom of Speech
24. Sec 12 (1), Article III Bill of Rights of the 1987 Philippine Constitution provides for:
a. Liberty of abode of abode
b. Rights of a person under custodial investigation
c. Freedom of assembly
d. Freedom of Speech
25. No person shall be compelled to be witness against himself
a. Right to remain silent
b. Right against self-incrimination
c. Due process
d. Right of confrontation
26. Blood was found at the crime scene and was subjected to DNA testing. May the court compel the accused
to provide a sample of his blood for DNA testing for purposes of comparison to the sample found in
the crime scene?
a. Yes, it is not self-incriminatory
b. No, it is self-incriminatory
c. No, it is complusion
d. None of the above
27. It is the means of implementing the constitutional right of an accused to be informed of the nature and
the cause of the accusation against him.
a. Bail
b. Motion to Quash
c. Arraignment
d. Plea
28. The designation of the offense in the Information is Robbery with homicide.
a. The information must be quashed because it charges more than one offense
b. The Information must not be quashed because the offense is just a complex crime
c. The information does not substantially conform to the prescribed form
d. None of the above
29. Trial in absentia allows accused to be absent at the trial except:
a. At arraignment and plea
b. During trial whenever necessary for purposes of identification
c. Promulgation of sentence
d. All of the above
30. Discharge of an accused as state witness
A. Operates as dismissal of his case
B. Operates as acquittal of said accuse
C. Only when he is not guilty
D. If denied by Court, his sworn statement can be used against him

ANSWER KEY:
1. b 11. d 21. b
2.d 12. c 22. b
3.c 13. d 23. c
4.d 14. d 24. b
5.b 15. d 25. b
6.b 16. c 26. a
7.a 17. b 27. c
8.d 18. a 28. b
9.b 19. a 29. d
10.b 20. a 30. b