CRIMINAL

PROCEDURE
GOODLUCK SATING LAHAT, PAPASA
TAYO SA LABAN NG BUHAY, IN JESUS
NAME
1. It is the decision or sentence of the law given by the court or other
tribunal as the result of the proceeding

a. Notice of appeal

b. Review on certiorari

c. Certiorari

d. Judgement
2. It is a proceeding during the pre-trial conference wherein the accused
may offer to plead guilty to a lower offense necessarily included in the
offense charged.

a. Pre-trial

b. Preliminary conference

c. Plea bargaining

d. Plea of guilty or not guilty

3. From the time the court acquires jurisdiction over the person of the
accused, within how many days should arraignment be held?

a. 5 days

b. 10 days

c. 30 days

d. 45 days
4. When is a criminal action deemed instituted?

a. By filing the complaint to the PNP or any law enforcement

Agencies

b. By filing the complaint to the barangay for amicable settlement

c. By filing the complaint before the prosecutor’s office or

directly to the court

d. By filing the complaint against the suspect

5. No person may be compelled to testify against his parents, other direct
ascendants, children, or other direct descendants. This embodied under
what principle?

a. Parental and filial privilege

b. Declaration against common reputation

c. Declaration against pedigree

d. Res inter alois acta rule

6. When a criminal action is instituted the civil action for the
recovery of civil liability arising from the offense shall be deemed
instituted with criminal action, unless the offended party –

a. Waives the civil action

b. Reserves his right to institute a separate civil action

c. Institutes a civil action prior to the criminal action

d. Any of the above

7. When is preliminary investigation required on a criminal case based on
the penalty provided by law for the offense charged?

a. Over 6 years imprisonment regardless of the amount of fine

b. Exceeding 6 years 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. Not exceeding 6 years imprisonment

8. When will the death of the accused extinguish the civil action arising
from the criminal action?

a. If died before arraignment

b. If died before after arraignment or during trial

c. If died after entry of judgment

d. If died during service of sentence

9. Pedro was sentenced to suffer five years imprisonment by final
judgment. Before the period of appeal lapsed, Pedro escaped. Can he
appeal his case?

a. Yes, because his right to appeal is provided in our constitution

b. Yes, because he opted to file an appeal because the period of appeal
had not yet lapsed
c. No, because he escaped; hence, he waived his right to appeal
d. Yes, his right to appeal is a mandatory right
10. It is the stage of a judicial proceeding whereby the accused shall be
informed of the nature and the cause of the accusation against him, in
compliance with the mandate of the consultation and the rules, and in
order to fix the identity of the accused.

a. Criminal investigation

b. Pre-trial conference

c. Preliminary investigation

d. Arraignment and plea

11. When can the criminal jurisdiction over the subject matter
be determined?

a. Enforcement of law at the time of the commission of the offense

b. Enforcement of law at the time of trial

c. Enforcement of law at the time of the institution/filing of the offense

d. Enforcement of law at the time of the discovery of the offense

12. It is the forfeiture or loss of the right of the state to
prosecute the offender for the commission of a crime after a
certain lapse of time.

a. Prescription of the crime

b. Prescription of the penalty

c. Degree of the penalty

d. Period of the penalty

13. When may a prosecutor file a case directly in court even
without conducting the requisite preliminary investigation?

a. In case of a warrantless arrest an inquest was conducted

b. In case of a warrantless arrest and inquest was not conducted

c. In case of a warrant of arrest an inquest was conducted

d. In case of a warrant of arrest and an inquest were not conducted

14. Who is a person directly vested with jurisdiction, whether as an
individual or as a member of some court or governmental corporation,
board, or commission.

a. Agent of a person in authority

b. A public official or employee

c. Person in authority

d. Appointed and elected official

15. What kind of motion may be availed anytime before
arraignment?

a. Motion to dismiss

b. Motion for review

c. Motion for reconsideration

d. Motion to quash
16. It is an order in writing issued in the name of the People of
the Philippines, signed by a judge and directed to a peace officer
commanding him to search for personal property described therein and
bring it before the court?

a. Warrant of arrest

b. Subpoena

c. Search warrant

d. Summons
17. When is bail a matter of discretion?

a. After conviction in MTC

b. After conviction in the RTC of an offense not punishable by

Reclusion Perpetua, Life imprisonment or death

c. When the charge of an offense the penalty is death, Reclusion

Perpetua or life imprisonment

d. When the charge of an offense the penalty is less than six years
imprisonment
18. What degree of proof is necessary to warrant the filing of
information or complaint in court?

a. Probable cause

b. Preponderance of evidence

c. Clear & convincing evidence

d. Substantial evidence
19. During the pendency of his criminal case, Mr. Bravo died due to a
heart attack. What is the effect of his untimely death on the filed against
him?

a. Termination of proceeding

b. Postponement of case

c. Suspension of case

d. Transfer of jurisdiction over the accused of lack of respondent

20. When can an appeal be taken?

a. Within 15 days from promulgation of the judgment

b. Within 5 days from promulgation of the judgment

c. Within 30 days from promulgation of the judgment

d. Within 20 days from promulgation of the judgment

21. In what cases will the right of an accused to bail be a matter of right?

a. Those falling within the jurisdiction of the RTC before or after

conviction, except capital offenses
b. Those falling within the jurisdiction of the MTC before or after
conviction
c. Those falling within the jurisdiction of the supreme court before or
after conviction
d. Those falling within the jurisdiction of the RTC where the penalty for
the offense does not exceed twenty years imprisonment
22. The following statements are false except;

a. The accused may enter his plea by counsel

b. The accused must personally enter his plea

c. The accused may excused/waive arraignment

d. The accused may be arraigned in the court other than where the case
is assigned
23. What is the best remedy for a person who is accused under the wrong
name?

a. Ignore the charge

b. Enter a plea of not guilty

c. File a motion to quash

d. File a motion to correct the name

24. In what scenario is an extensive search of moving vehicles without a
warrant valid?

a. The police became suspicious on seeing something on the car’s back

seat covered with a blanket
b. The police suspected an unfenced lot covered by rocks and bushes was
planted to marijuana
c. The police became suspicious when they saw a car believed to be of
the same model used by the killers of a city mayor
d. The driver sped away in his car when the police flagged him down
at a checkpoint
25. Under the new constitution, who is empowered to order or change the
venue or place of trial in order to avoid a miscarriage of justice?

a. Executive judge

b. Supreme court

c. Regional trial court

d. Regional state prosecutor

26. It is a proceeding for review by which the whole case by
which the whole case is elevated to the higher court for final
adjudication.

a. Appeal

b. Reconsideration

c. Review

d. Petition
27. How is a “probable cause” determined before a search
a warrant is in order?

a. All of these

b. By the judge after examination under oath

c. By affirmation of the complaint and witnesses he may produce

d. Personally, by the judge

28. It is a motion to dismiss a criminal case after the prosecution has
rested its case on the ground of insufficiency of evidence.

a. Trial in absentia

b. Motion to quash

c. Re-investigation

d. Demurrer to evidence
29. It is such reasons supported by facts and circumstances, as will
warrant a very cautious man in the belief that his action, and the means
taken in prosecuting it, are legally just and proper.

a. Probable cause

b. Searching questions and answer

c. Personally, determined by a judge

d. Illegal search
30. At what time may the accused move to quash the complaint or
information?

a. At any time before his arrest

b. Only after entering his plea

c. At any time before entering his plea

d. All of the foregoing

31. In criminal procedure, who is the ally of the court?

a. Judge

b. Prosecutor

c. Victim

d. Suspect
32. If peter issued a check to joseph in Bulacan, and the latter encashed it
in Makati. When Joseph found out that it is a bouncing check, where he
can file charges?

a. Bulacan

b. Bulacan and Makati

c. Makati

d. Bulacan or Makati
33. When was the court acquire jurisdiction over a case filed by the law
enforcement agencies?

a. After presenting evidence by both parties

b. After filing at the prosecutor’s office

c. The moment the case is filed with the court

d. The moment the trial begins

34. If no appeal is made, a judgment becomes final after
_______ days from its promulgation.

a. 5

b. 10

c. 15

d. 20
35. It is the method provided for the Revised Rules of court not only for
the apprehension and prosecution of persons who commit crimes but also
for the imposition of the penalty.

a. Criminal law

b. Criminal evidence

c. Rules of court

d. Criminal procedure
36. It is the branch of the government that has jurisdiction over the judges
of the
court.

a. Executive

b. Legislative

c. Judiciary

d. National Government
37. What crime is committed by a private person who detains another for
the
purpose of depriving the latter of his liberty for more than three (3) days?

a. Illegal arrest

b. Serious illegal detention

c. Delaying release

d. Arbitrary Detention
38. Can a husband testify against the wife in an adultery case?

a. Yes, the privilege of marital communication rule is already abolished

b. Yes, under the law she is a competent witness

c. Yes, because the law is silent on the disqualification

d. Yes, because a crime charge is one committed by the wife against the
husband
39. What will a judge do if the acts done by a person being tried in court
are not covered by the law?

a. Convict the accused

b. Place the accused under probation

c. Acquit the accused

d. Give the accused Parole

40. When is bail a matter of discretion?

a. After conviction in the MTC

b. After conviction in the RTC of an offense not punishable by

Reclusion Perpetua, Life Imprisonment or death

c. When the charge of an offense the penalty is death, reclusion

Perpetua or life imprisonment

d. When the charge of an offense the penalty is less than six years
imprisonment
41. When can an appeal be taken?

a. Within fifteen (15) days from promulgation of the judgment

b. Within five (5) days from promulgation of the judgment

c. Within thirty (30) days from promulgation of the judgment

d. Within twenty (20) days from promulgation of the judgment

42. In what cases will the right of an accused to bail be a matter of right?

a. Those falling within the jurisdiction of the RTC before or after

conviction, except capital offenses
b. Those falling within the jurisdiction of the MTC before or after
conviction
c. Those falling within the jurisdiction of the Supreme Court before or
after conviction
d. Those falling within the jurisdiction of the RTC where the penalty for
the offense does not exceed twenty years imprisonment
43. After the information is filed in the Municipal Trial Court, when is
bail a matter of right?

a. After pre-investigation

b. Before arraignment

c. Before or after conviction

d. After arraignment
44. It is the system of criminal procedure which is conducted either at the
initiative of the public prosecutor or
the offended party and the right to appeal is limited to the defense.

a. Accusatorial

b. Mixed

c. Inquisitorial

d. Adversarial
45. It is the taking of a person into custody in order that may be bound to
answer for the commission of an offense.

a. Search

b. Arrest

c. Search Warrant

d. Warrant of Arrest
46. What will happen when the accused is absent during arraignment?

a. The accused may be substituted by his agent armed with SPA

b. The lawyer of the accused may enter his plea

c. Arraignment shall be postponed

d. Trail in absentia
47. Who is a person directly vested with jurisdiction, whether as an individual or
as a member of some court or a government corporation, board, or commission.

a. Agent of a person in authority

b. Person in authority

c. Judicial authority

d. Public employee
48. It is a proceeding during the pre-trail conference wherein the accused
may offer to plead guilty to a lower offense necessarily included in the
offense charged.

a. Pre-trail

b. Preliminary conference

c. Plea bargaining

d. Plea of guilty or not guilty

49. It is a rule which states that when the evidence of the parties in a
criminal case is evenly balanced, the
constitutional presumption of innocence should tilt in favor of the
accused who must be acquitted.

a. Equipoise rule

b. Doctrine of pro reo

c. Arizona doctrine

d. Miranda doctrine
50. When can the criminal jurisdiction over the subject matter be
determined?

a. Enforcement of law at the time of the commission of the offense

b. Enforcement of law at the time of trial

c. Enforcement of law at the time of the institution/ filing of the offense

d. Enforcement of law at the time of the discovery of the offense

51. It takes place when a peace officer induces of person to commit a
crime

a. Arrest

b. Search

c. Instigation

d. Entrapment
52. Its an order in writing issued in the name of the people of the
Philippines, signed by a judge and directed to a
peace officer commanding him to search for personal property described
therein and bring it before the
court?

a. Warrant of arrest

b. Subpoena

c. Search warrant

d. Summons
53. When is bail a matter of discretion?

a. After convection in the MTC

b. After convection in the RTC of an offense not punishable by

reclusion Perpetua, life imprisonment or death

c. When the charge of an offense the penalty is death, reclusion

Perpetua or life imprisonment

d. When the charge of an offense the penalty is less than 6 years

imprisonment
54. During the pendency of his criminal case, Mr. bravo died due to a
heart attack. What is the effect of his
untimely death to the case filed against him?

a. Termination of proceedings

b. Postponement of the case

c. Suspension of the case

d. Transfer of jurisdiction over the accused of lack respondent

55. What is the period of prescription of crimes punishable by death,
reclusion Perpetua, and reclusion temporal?

a. 15 years

b. 20 years

c. 10 years

d. 5 years
56. The prosecution of criminal actions either commenced by complaint
or by information shall be under the direction and control of the –

a. Presiding judge

b. Public prosecutor

c. Defense counsel

d. complaint
57. It refers to the territorial unit where the power of the court is to be
exercised.

a. jurisdiction

b. Venue

c. Territory

d. Geographical division
58. What is the power or authority of a court to try, hear and decide a
class of criminal case brought before it?

a. Criminal jurisprudence

b. Criminal jurisdiction

c. Criminal procedure

d. Criminal due process of law

59. These are facts and circumstances that would lead a reasonably
discreet and prudent man to believe that an offense has been committed
and that object sought in the connection with the offense is in the place
searched.

a. Intent and motive

b. Probable cause

c. Proof beyond reasonable doubt

d. evidence
60. The issuance of a warrant of arrest is not necessary in the following
cases, except;

a. If the person charged was acquitted

b. Is a warrant of arrest has already been issued

c. If the offense carries with it the penalty of imprisonment

d. If the person to be arrested is already detained

61. In which of the following offices should an information be filed?

a. prosecutor

b. Police

c. Barangay

d. courts
62. Who has the authority to conduct inquest proceeding?

a. Investigator on case

b. RTC judge

c. Chief of PNP

d. Prosecutor
63. Which is not a requisite before a court can validly exercise its power
to hear and try a case?

a. It must have jurisdiction over the subject matter

b. It must have jurisdiction over the complainant

c. It must have jurisdiction over the person of the accused

d. It must have jurisdiction over the territory where the offense was
committed
64. The offender who is still undergoing preliminary investigation at the
prosecutor’s office is referred to as –

a. respondent

b. Suspect

c. Accused

d. Defendant
65. If an accused refuses to make a plea during the arraignment of the
case, what plea shall be entered for him for the purpose of the court’s
record?

a. Guilty

b. Probationary guilt

c. Not guilty

d. Conditional plea
66. It is any definite statement of any matter with is not averted with
sufficient definiteness or particularly to enable a party to prepare properly
his pleading and to prepare for trial.

a. Motion to quash

b. Bill of particular

c. Petition for review

d. Petition for certiorari

67. It is the system of criminal procedure which is conducted either at the
initiative of the public prosecutor or the offended party and the right to
appeal is limited to the defense.

a. accusatorial

b. Mixed

c. Inquisitorial

d. adversarial
68. After the information is filed in the Municipal Trial Court, when is
bail a matter of right?

a. After pre-investigation

b. Before arraignment

c. Before or after conviction

d. After arraignment
69. A military court for the enforcement of military regulations.

a. Court police

b. Court martial

c. Court officer

d. Court tanod
70. When an act is punished by a law and an ordinance, conviction or
acquittal under either shall be a bar to another prosecution for the same
act.

a. dismissal

b. Effect of an appeal

c. Double jeopardy

d. Deposition
71. It means to put a stop or the act of formally declaring that a law or a
verdicts is invalid. It is being made any time before entering his plea.

a. Motion to Quash

b. Plea of guilty

c. Plea of not guilty

d. Double jeopardy
72. An act of repentance and respect for the law; it indicates a moral
disposition in the accused, favorable to his reform.

a. Motion to Quash

b. Plea of guilty

c. Plea of not guilty

d. Double jeopardy
73. It is an undertaking constituted as a lien on the real property given as
security of the bail

a. Bail bond

b. Bail

c. Property bond

d. bond
74. Is the examination before a competent tribunal, according to the laws
of the land, of the facts and issues of the case, for the purpose of
determining such issues

a. Trial

b. Pre-trial

c. Venue

d. Territoriality
75. A process to cause a witness to appear and give testimony,
commanding him to lay aside all pretenses and excuses, and appear
before a court or magistrate therein named at a time therein mentioned to
testify for the party named under a penalty therein mentioned.

a. Warrant of arrest

b. Search warrant

c. Subpoena
76. It 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. Information

b. Complaint

c. Warrant of arrest

d. Search warrant
77. A information is an accusation in writing charging a person with an
offense, subscribed by the prosecutor and filed with the court.

a. Information

b. Complaint

c. Warrant of arrest

d. Search warrant
78. Where an offense is committed on board a vessel in the course of its
voyage, the criminal action shall be instituted and tried in the court of the
first port of entry or of any municipality or territory where the vessel
passed during such voyage, subject to the generally accepted principles of
international law. Is it true?

a. False c. Maybe

b. True d. none of the above

79. Where an offense is committed in a train, aircraft, or other public or
private vehicle while in the course of its trip, the criminal action shall be
instituted and tried in the court of any municipality or territory where
such train, aircraft, or other vehicle passed during such trip, including the
place of its departure and arrival. Is it true?

a. False c. Maybe

b. True d. none of the above

80. Within ____ days from receipt of the records, the provincial or city
prosecutor, or the Ombudsman or his deputy, as the case may be, shall
review the resolution of the investigating judge on the existence of
probable cause.

a. 5 days

b. 10 days

c. 30 days

d. 60 days
81. Within ____ days after the preliminary investigation, the investigating
judge shall transmit the resolution of the case to the provincial or city
prosecutor, or to the Ombudsman or his deputy in cases of offenses
cognizable by the Sandiganbayan in the exercise of its original
jurisdiction, for appropriate action.

a. 5 days b. 10 days

c. 30 days d. 60 days
82. Within ____ days from the filing of the complaint or information, the
judge shall personally evaluate the resolution of the prosecutor and its
supporting evidence.

a. 5 days b. 10 days

c. 30 days d. 60 days
83. The general rule is that the accused should be arraigned within
_____days from the date the court acquires over the person of the
accused.

a. 5 days b. 10 days

c. 30 days d. 60 days
84. Who should preside in a preliminary conference?

a. Judge

b. Respondent

c. Accused

d. Clerk of the court

85. It is an order issued by the court after the pre-trial conference
containing: A recital of the action taken, The facts stipulated, and The
evidence marked.

a. Trial order

b. pre-trial order

c. Plea bargaining

d. None of the above

86. Plea bargaining is not allowed under the Dangerous Drugs Act where
the imposable penalty is reclusion Perpetua
To death. Is it true?

a. False

b. True

c. Maybe

d. None of the above

87. The accused have to prepare for pre-trial after he enters his plea of not
guilty, the accused shall have at least _____days to prepare for pre-trial.

a. 10 days

b. 15 days

c.20 days

d.30 days
88. The entire trial period should not exceed ______days from the pre-
trial order.

a. 60 days

b. 90 days

c. 180 days

d.200 days
89. Is it necessary that the person named in the search warrant be the
owner of the things to be seized?

a. Yes

b. No

c. Maybe

d. None of the above

90. It is a warrant of arrest that is issued for more than one offense.

a. Scatter shot warrant

b. Search warrant

c. Warrant of arrest

d. None of the above

91. Police officer applied for a warrant to search door #1 of an apartment
complex. The court issued the warrant. When they went to the apartment
complex, they realized that they thought was door #1 was actually door
#7. Can they search door #7?

a. Yes, because they have a search warrant

b. No, because it is not stated in the search warrant

c. Maybe yes

d. None of the above

92. A police officer was granted to search the house for rebel officers.
Can the policeman conduct a warrantless search?

a. No, the permission didn’t include the room-to-room search

b. Yes, because they are a police officer

c. Yes, because they have a right to search

d. None of the above

93. What is the period of prescription of crimes punishable by Reclusion
Temporal?

a. 20 years and 1 day to 40 years

b. 12 years and 1 day to 20 years

c. 6 years and 1 day to 12 years

d. 1 month and 1 day to 6 months

94. What is the period of prescription of crimes punishable by Arresto
Meyor?

a. 20 years and 1 day to 40 years

b. 12 years and 1 day to 20 years

c. 6 years and 1 day to 12 years

d. 1 month and 1 day to 6 months

95. What is the period of prescription of crimes punishable by Prision
Correccional?

a. 20 years and 1 day to 40 years

b. 12 years and 1 day to 20 years

c. 6 years and 1 day to 12 years

d. 1 month and 1 day to 6 months

96. What is the period of prescription of crimes punishable by Arresto
Menor?

a. 1 day to 30 days

b. 12 years and 1 day to 20 years

c. 6 years and 1 day to 12 years

d. 1 month and 1 day to 6 months

97. What is the period of prescription of crimes punishable by Reclusion
Perpetua?

a. 20 years and 1 day to 40 years

b. 12 years and 1 day to 20 years

c. 6 years and 1 day to 12 years

d. 1 month and 1 day to 6 months

98. When a criminal action is instituted the civil action for the
recovery of civil liability arising from the offense shall be deemed
instituted with the action. Unless the offended party-

a. Waives the civil action

b. Reserves his alright to institute a separate civil action

c. Institutes a civil action prior to the criminal action

d. Any of the above

99. When is preliminary investigation required on criminal cases based
on the penalty provided by law for the offense charged?

a. Over 6 years imprisonment regardless of the amount of fine

b. Exceeding 6 years 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. Not exceeding 6 years imprisonment irrespective of the amount of
fine.
100.
What is the proper term to address the judge during trial?

a. Sir or madam

b. Your excellency

c. Your honor

d. Your highness
MARAMING SALAMAT 