FINAL EXAM IN CLJ 3

This is a multiple choice exam consisting of fifty (50) questions. Encircle the letter
of the correct answer. Failure to follow instructions will result in your
disqualification.

1. How is a criminal action initiated?

A. By filing an information
B. By filing a complaint
C. By filing a resolution
D. By filing a counter affidavit

2. Who initiates a criminal action?

A. Offender
B. Accused
C. Offended party
D. Witness

3. Where is a criminal action filed?

A. MTC
B. RTC
C. Prosecutor’s Office
D. Police station

4. What proceeding is conducted when a criminal action is filed?

A. Crime scene investigation
B. Preliminary investigation
C. Police investigation
D. Custodial investigation

5. In question number 4, who is required to conduct the proceeding?

A. Policeman
B. Lupon Tagapamayapa
C. Prosecutor
D. RTC Judge

6. Which of the following is not a trial court?

A. Sandiganbayan
B. Ombudsman
C. MCTC
D. Court of Tax Appeals
7. PO1 Santos was arrested for drug pushing. In what court will the criminal
action against him be filed?
A. Ombudsman
B. Sandiganbayan
C. MTC
D. None of the above

8. Who has control of the criminal action?

A. Judge
B. Public Attorney
C. Prosecutor
D. Defense Attorney

9. When is a criminal information considered sufficient?

A. If it contains the name of the accused
B. If it contains the name of the arresting officer
C. If it contains the name of the judge
D. If it contains the name of the witness

10. Who appoints a counsel de oficio for purposes of arraignment?

A. Judge
B. Prosecutor
C. Ombudsman
D. Supreme Court

11. When is duplicity of an offense allowed?

A. When ordered by the judge
B. When requested by the offended party
C. When the law prescribes a single punishment for various offenses
D. When it involves a pre-judicial question

12. Which of the following refers to a prejudicial question?

A. Criminal action
B. Civil action
C. Administrative action
D. Double action

13. When may a complaint or information be amended without leave of court?

A. At any time before arraignment
B. At any time after arraignment
C. At any stage of the trial
D. At any stage during appeal
14. When may a complaint or information be amended with leave of court?
A. At any time before arraignment
B. At any time after arraignment
C. At any stage of the trial
D. At any stage of the appeal

15. What is required in filing an information?

A. There must be probable cause
B. There must be reasonable doubt
C. There must be presumption of innocence
D. B and C

16.Who issues a warrant of arrest?

A. Prosecutor
B. Ombudsman
C. Judge
D. Policeman

17. Who issues a warrant of search and seizure?

A. Prosecutor
B. Ombudsman
C. Judge
D. Policeman

18. Where is the application for bail filed?

A. Prosecutor’s office
B. In any court which has jurisdiction over the offense
C. In the court where the case was filed
D. Police station

19. What is required for the denial of bail?

A. The offense is a capital offense
B. The evidence of guilt is strong
C. A and B
D. None of the above

20. Who among the following cannot prosecute a criminal action?

A. City prosecutor
B. Ombudsman
C. Private lawyer
D. Clerk of Court

21. When does a search warrant expire?

A. 3 days
B. 5 days
C. 10 days
D. 15 days

22. What is required in the issuance of a search warrant?

A. There must be probable cause
B. There must be particular description of the place to be searched
C. There must be probability and particularity of the things
D. A and B

23. The following are instances of warrantless searches except for one. Which
one is it?
A. Search of a moving vehicle
B. Customs search of a residential house
C. Plain view
D. When there is consent

24. Which of the following is known as Terry Search?

A. Incident to a lawful arrest
B. Stop and frisk
C. Customs search
D. Plain view doctrine

25. What is required in warrantless searches?

A. Reasonable doubt
B. Probable cause
C. Presumption of innocence
D. None of the above

26. Who applies for a search warrant?

A. Offended party
B. Peace officer
C. Defense lawyer
D. Public attorney
27. Where does one apply for a search warrant when no criminal case has
been filed?
A. Prosecutor’s office
B. In any MTC within Metro Manila
C. In any court within the Philippines that has jurisdiction over the crime was
being committed
D. In any RTC within Metro Manila

28. The following are rights of an accused except for one. Which one is it?
A. Right to be presumed innocent
B. Right to have speedy trial
C. Right to apply for probation
D. Right to bail

29. What shall the court do when the accused refuses to enter a plea?
A. Enter a plea of guilty
B. Enter a plea of not guilty
C. Postpone the arraignment
D. Order the release of the accused

30. When is arraignment conducted?

A. Before preliminary investigation
B. Before trial
C. Before judgment
D. Before inquest

31. Mario was charged with rape. On the day of his arraignment, he did not
show up. May the court proceed with the arraignment?
A. Yes because he has been notified
B. Yes because rape is a capital offense
C. No because he must be arraigned first
D. No because the evidence of guilt is not strong

32. The following cannot be arrested except for one. Which one is it?
A. Head of government
B. Head of State
C. Diplomatic official
D. Senator
33. The following are grounds for a motion to quash except for one. Which one
is it?
A. The court trying the case has no jurisdiction
B. The information does not conform substantially to the prescribed for
C. The accused was denied bail
D. The information contains averments which, if true, would constitute a legal
excuse

34. Elmer was arraigned before the RTC of Manila for the crime of robbery. He
entered a plea of not guilty. On the day of the pre-trial, he failed to appear
despite being notified. May the court proceed to try the case?
A. Yes
B. No
C. It depends on the judge
D. It depends on the prosecutor

35. The following are instances of warrantless arrests except for one. Which
one is it?
A. The person to be arrested has just committed a crime
B. The person to be arrested has escaped from his captors
C. The person to be arrested is committing a crime
D. The person to be arrested is about to commit a crime

36. Romnick, the ambassador of India was dining in a restaurant in Makati. He

saw a pretty waitress nearby. He called her and then began to touch her
breasts and vagina. The waitress called the police. The ambassador was
arrested without a warrant. Is the arrest proper?
A. No
B. Yes
C. It is discretionary on the policemen
D. It is discretionary on the waitress

37. Who among the following cannot conduct a preliminary investigation?

A. State prosecutor
B. MCTC judge
C. Regional prosecutor
D. RTC judge

38. A person acquitted cannot be charged again for the same offense. What is
the reason for this?
A. Doctrine of supervening event
B. Doctrine of double jeopardy
C. Doctrine of prejudicial question
D. Doctrine of exculpatory evidence

39. Who appeals in case of conviction?

A. Accused
B. Prosecution
C. The officer tasked with the enforcement of the law violated
D. None of the above

40. Who appeals in case of acquittal?

A. Accused
B. Prosecution
C. The officer tasked with the enforcement of the law violated
D. None

41. What do you call the joining of related offenses?

A. Severance
B. Consolidation
C. Merger
D. Securitization

42. How is jurisdiction over the case acquired?

A. By the allegations in the complaint
B. By the judgment imposed
C. By the penalty imposed
D. By the allegations in the information

43. What is the adjudication by the court that the accused is guilty or not guilty
of the offense charged and the imposition of the proper penalty and civil
liability, if any?
A. Judicial declaration
B. Judgment
C. Decision
D. Determination

44. What is the remedy when there is a mistake in charging the proper
offense?
A. Dismiss the case and order the filing of a new one
B. Appoint another prosecutor
C. Order the release of the accused if he is in jail
D. None of the above

45. The accused who is discharged from the information in order to be a

witness for the prosecution?
A. Prosecution witness
B. Witness for the State
C. Ordinary witness
D. State witness

46. The trial court that has jurisdiction over the crime of plunder.
A. Court of Appeals
B. MTC
C. CTA
D. None of the above

47. Is the RTC an appeals court?

A. Yes but only in cases decided by the MTC
B. Yes but only in cases decided by the CTA
C. Yes but only in cases decided by the Sandiganbayan
D. Yes but only in cases decided by the Ombudsman

48. Where will you appeal a case decided by the RTC?

A. CA
B. SC
C. CTA
D. DOJ

49. Is the procedure in the Baguio City RTC the same as in the MTC of Davao
City?
A. Yes
B. No
C. Only in criminal cases
D. Only in civil cases

50. One of these is not a subject of Pre-Trial. Which one is it?

A. Marking of evidence
B. Modification of the order of trial
C. Waiver of objections
D. Possibility of posting bail