PRELIMINARY EXAMINATION

IN
CLJ – 3 (CRIMINAL PROCEDURE)

Multiple Choice:
Choose the letter which corresponds to the correct answer:

1. Rule 110 of the Revised Rules of Court is about:

A. Prosecution of civil action C. Prosecution of offenses
B. Preliminary investigation D. Rule on arrest
2. It is a sworn written statement charging person with an offense, subscribed by the offended party, any
peace officer or other public charged with the enforcement of the law violated.
A. Information C. Complaint
B. Arrest D. Bail
3. It is an accusation in writing charging a person with an offense subscribed by the prosecution or fiscal
and filed with the court.

A. Arrest C. Complaint
B. Information D. Bail
4. It 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 Examination C. Preliminary Investigation
B. Interrogation D. Inquest proceedings
5. For offenses where preliminary investigation is required, to whom should the complaint be filed?
A. To the judge who will conduct the hearing of the case
B. With the proper officer for the purpose of conducting preliminary investigation.
C. To the investigator on case.
D. To the Clerk of Court.
6. What is the legal effect of the institution of criminal action?
A. The running of the period of the prescription of the offense is interrupted.
B. It will not interrupt the running of the period of prescription of the offense.
C. The case will be dismissed.
D. The case will be set aside.
7. In Manila and other chartered cities, where should the complaint be filed?
A. Office of the SandiganBayan. C. To the court which hears the case.
B. Office of the fiscal or prosecutor D. To the office of the chief of police.
8. Who shall have the direction and control in the prosecution of all criminal actions either commenced
by complaint or by information.
A. Fiscal of Public prosecutor C. Judge
B. Clerk of court D. Investigator on case
9. For the crime of adultery and concubinage, who shall initiate the filing of the complaint for its
prosecution?
A. Offended party children C. Offended spouse
B. Offended party parents D. Judge
10. In cases of seduction, abduction and acts of lasciviousness, the offended party dies or becomes
incapacitated before she can file the complaint and she has no known parents, grandparents or
guardian, who shall initiate the criminal action in her behalf
A. Any person can file the criminal action. C. The brother if there is any
B. The state shall initiate the criminal action D. The sister if there is any.
11. In case of seduction, abduction or acts of lasciviousness where the minor offended party fails to file the
criminal action, who has the priority right to file the complaint?
A. State C. Parents
B. Guardian D. Grandparents
12. In cases of defamation, who has the right to initiate the criminal action for its prosecution.
A. The investigator on case C. Offended party
B. The guardian D. State
13. A complaint or information is sufficient except.:
A. If it states the name of the accused and the designation of the offense given by the statute.
B. Name of the offended party
C. Date of the commission of the offense and the place where the offense was committed.
D. The penalty imposed by the law.
 14. The complaint or information states or over the acts or omissions constituting the offense, and specify its
qualifying and aggravating circumstances.
A. Cause of the accusation C. Place of the commission of the offense
B. Designation of the offense D. Name of the offended party
15. The complaint or information states the acts or omissions complained of as constituting the offense and
the qualifying and aggravating circumstances must be stated in ordinary and concise language and not
necessarily in the language used in the statute but in terms sufficient to enable a person of common
understanding to know what offense is being charged as well as its qualifying and aggravating
circumstances and for the court to pronounce judgment.
A. Designation of the offense C. Place of the commission of the offense.
B. Cause of the accusation D. Time of the commission of the offense
16. Crimes punishable by death, reclusion perpetua, or reclusion temporal prescribe in ____________.
A. Fifteen (15) years C. Ten (10) years
B. Twenty (20) years D. Five (5) years
17. Crimes punishable by other afflictive penalties prescribe in ____________.
A. Fifteen (15) years C. Five (5) years
B. Ten (10) years D. six (6) years
18. Crimes punishable by correctional penalty prescribe in __________.
A. Five (5) years C. Six (6) months
B. Ten (10) years D. Fifteen (15) years
19. Crimes punishable by arresto mayor prescribe in _________.
A. Ten (10) years C. Five (5) years
B. Fifteen (15) years D. Six (6) months
20. Libel cases prescribe in ______________.
A. Six (6) months C. Ten (10) years
B. One (1) year D. Fifteen (15) years
21. Grave oral defamation and grave slander by deed prescribe in ____________.
A. Six (6) months C. One (1) year
B. Two (2) months D. Five (5) years
22. Light offenses prescribe in _______________.
A. One (1) year C. Five (5) years
B. Two (2) months D. Six (6) months
23. The complaint or information must be in _______________, in the name of the people of the Philippines
and against all persons who appear to be responsible for the offense involved.
A. Oral C. Audio
B. Writing D. Visual
24. It is not necessary to state in the complaint or information the precise date the offense was committed except:
A. When it is a material ingredient of the offense.
B. When it is not a material ingredient of the offense
C. When the name of the offended party is unknown.
D. Where the designation of the offense is by the statute.
25. It has the power to order a chance of venue or place of trial to avoid a miscarriage of justice.
A. Senate C. Supreme Court
B. Court of Appeals D. Regional Trial Court
26. The complaint or information must state the _____________ against whom or against whose property the
offense was committed or any appellation or nickname by which such person has been or is known
A. Designation of the offense C. Cause of the accusation.
B. Name and surname of the offended party D. Sufficiency of complaint or information
27. Where should the criminal action be instituted and tried?
A. It shall be tried in the court or territory where the accused is residing.
B. It shall be in the court or territory where the complainant is residing.
C. It shall be instituted and tried in the court or territory where the offense was committed or where any of its
essential ingredients occurred.
D. In the court or territory where the complainant may choose.
28. If an offense is committed in train, aircraft or other public or private vehicle in the course of its trip, where should the
criminal action be instituted?
A. In the court and municipality where the complainant may choose.
B. In the court of the municipality or territory where such train, aircraft, or vehicle passed during its trip including the
place of its departure and arrival.
C. It shall be tried in the court or territory where the complainant resides.
D. It shall be tried in the court or territory where the respondent resides.
29. In Sec 1, Rule III, (Institution of Criminal and Civil Actions) What is the rule when a criminal is instituted, regarding the
civil action for the recovery of civil liability arising from the offense charged?
A. Civil action shall be deemed instituted. C. The recovery for the civil liability cannot be enforced
B. The civil action shall be instituted separately D. The civil action is not deemed instituted.
30. After the criminal action has been commenced, may a separate civil action arising there from be instituted?
A. Yes, because in filing a criminal action, the civil action is impliedly instituted.
B. No, the separate civil action arising from the criminal action cannot be instituted until final judgment has been entered
in the criminal action.
C. Yes, because the complainant did not waived his right to file a separate civil action.
D. Yes, because as a rule it is automatic to institute civil action when a criminal action is filed.
31. When a criminal action is instituted, the ___________ for the recovery of civil liability arising from the offense charged
shall be deemed instituted with the criminal action.
A. Administrative action C. Criminal action
B. Civil action D. Remedial action
32. When may the civil action be suspended in whatever stage of the proceedings (Sec. 2 Rule III).
A. If the criminal action is filed after the civil action has been instituted. C. If the civil action has been decided.
B. If the criminal action was not filed. D. If the criminal action was dismissed.
33. When may the civil liability arising from the action be extinguished.
A. Death of the accused after arraignment. C. When the civil action is pending.
B. Death of the accused before arraignment D. When the civil action is filed independently.
34. What is the legal effect when the final judgment on the civil action has been rendered absorbing the defendant from civil
liability.
A. The criminal action against the defendant can no longer be instituted.
B. The criminal action against the defendant can still be instituted
C. The criminal action against the defendant will be suspended.
D. The criminal action against the defendant will be dismissed.
35. It 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 Examination C. Preliminary Interrogation
B. Preliminary Investigation D. Preliminary Interview
36. What are those offenses which requires preliminary investigation?
A. Offenses punishable by at least 4 years,2 months and one day
B. Offenses punishable by at least 2 years,2 months and one day
C. Offenses punishable by at least one year,2 months and one day
D. Offenses punishable by at least 3 years,2 months and one day
37. It is often the only means of discovering the persons who may be reasonably charged with a crim, to enable the public
prosecutor to prepare his complaint or information.
A. Preliminary Interview C. Preliminary Examination
B. Preliminary Interrogation D. Preliminary Investigation
38. It is the purpose of preliminary investigation except:
A. Determine whether a crime has been committed.
B. Determine probable cause to believe that the accused is guilty thereof.
C. To enable the public prosecutor to prepare his complaint or information
D. To determine the appropriate penalty to be imposed on the accused.
39. The following officers are authorized to conduct preliminary investigation except:
A. Provincial or City Prosecutors and their assistants
B. National and Regional State Prosecutor
C. Judges of the Regional Trial Courts
D. Other officers as may be authorized by law.
40. The following officers are not authorized to conduct preliminary examination except:
A. Judges of the Regional Trial Courts C. National and Regional State Prosecutors
B. Mayors D. Chief of Police
41. During the preliminary investigation, if the investigating officer finds no ground to continue with the investigation, what
will be his action.
A. He will file a motion for re-investigation C. He will suspend the investigation
B. He will dismiss the case. D. He will continue hearing the case
42. On the preliminary Investigation stage when shall the hearing be hold after the respondent submits his counter affidavits
and other documents.
A. Within five (5) days C. Within fifteen (15) days
B. Within seven (7) days D. Within ten (10) days
43. if the respondent failed to submit his counter affidavit despite being subpoenaed, what will be the action of the
 investigating prosecutor.
A. Within ten (10) days he will order the suspension of the investigation.
B. Within ten (10) days he will resolve the complaint based on the evidence presented by the complainant.
C. Within ten (10) days he will order the hearing of the case.
D. Within ten (10) days he will order the re-investigation of the case.
44. The approval of the dismissal of the complaint or information by the investigating prosecutor requires the prior written
authority or approval of this officer except:
A. Provincial prosecutor C. Ombudsman or his deputy
B. City prosecutor D. The Mayor
45. The proper officer who issues a warrant of arrest.
A. Public Prosecutor C. Judge
B. Chief of Police D. Clerk of Court
46. If the judge finds probable cause he shall order the issuance of a ________________.
A. Subpoena to the accused C. Re-investigation order
B. Warrant of Arrest D. Search warrant
47. When may the judge immediately order the dismissal of the case.
A. If he fails to establish probable cause C. If the respondent/accused submits a motion to dismiss
B. If he finds probable cause D. When the prosecuting officer recommends the filing of the case
48. It means that the evidence adduce or given by one party to a litigation is superior to or more weighty or more credible that
of the other.
A. Proof beyond reasonable doubt C. Weakness of the evidence
B. Preponderance of evidence D. Materiality of the evidence
49. It means when the evidence submitted to the inquest officer produces a well founded belief that a crime has been
committed.
A. Preponderance of evidence C. Strength of the evidence
B. Proof beyond reasonable doubt D. Probable cause
50. An information or complaint filed in court must be supported with the following except:
A. Affidavits of the party C. Affidavits of witnesses
B. Counter affidavits of respondent D. Warrant of arrest.
51. It is the taking of a person into custody in order that he may be based to answer for the commission of an offense.
A. Search warrant C. Arrest
B. Complaint D. Bail
52. It is the apprehension of a person in order to let him answer for the crime he committed.
A. Search Warrant C. Bail
B. Arrest D. Information
53. An arrest is made by, except
A. Bt actual restraint of a person C. By taking custody of person personally
B. By his submission to the custody of the person making the arrest D. By searching the personal property of the person
54. When the judge still finds no probable cause despite the additional evidence presented, what action will the judge do?
A. He shall order the filing of the case. C. He shall suspend the proceedings
B. He shall order the dismissal of the case. D. He shall order the issuance of a warrant of arrest.
55. When the judge finds probable cause, what action will the judge do?
A. He shall order the dismissal of the case. C. He shall suspend the proceedings
B. He shall order the issuance of a warrant of arrest. D. He shall order the re-investigation of the case
56. It is the duty of the arresting officer, except:
A. To arrest the accused
B. Deliver the arrested person to the nearest police station
C. Deliver the arrested person to the nearest jail without necessary delay.
D. Search the personal property of the arrested person.
57. The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed
within how many days?
A. Within five (5) days C. Within ten (10) days
B. Within seven (7) days D. Within fifteen (15) days
58. The following person cannot issue a warrant of arrest except:
A. Clerk of court C. Mayor
B. Public prosecutor D. Judge
59. What is the lifetime of the warrant of arrest?
A. Within ten (10) days from issuance
B. Within fifteen (15) days after receipt from office authorized to execute it.
C. Within thirty (30) days from issuance
D. Valid and effective until it is executed.
60. A warrantless Arrest is lawful except:
A. When in the presence of the arresting officer the person to be arrested has committed an offense.
 B. When in the presence of the arresting officer the person to be arrested is actually committing an offense.
C. When the arresting officer has received an information thru his informant that the person to be arrested has committed
an offense.
D. When the person to be arrested is a prisoner- escape.
61. What is the rule in making the arrest by virtue of a warrant of arrest?
A. The warrant of arrest may be served only during the day.
B. The warrant of arrest may be served on any day and at anytime of the day and night.
C. The warrant of arrest may be made only during night time.
D. It may be made only on the specified day and time mentioned in the warrant of arrest.
62. Method of Arrest by officer by virtue of warrant of arrest except:
A. The officer shall inform the person of the cause of the arrest.
B. The officer shall inform the person of the fact that a warrant has been issued for his arrest.
C. The officer shall introduce/identify himself to the person to be arrested.
D. When the person to be arrested flees or forcibly resists before the officer has the opportunity to inform him, the officer
may immediately arrest him.
63. Method of arrest by officer without warrant of arrest except:
A. When the giving of information by the arresting officer to the person to be arrested will imperil the arrest, the officer
may immediately arrest him
B. The arresting officer should identify himself
C. the arresting officer shall inform the person of the cause of the arrest..
D. The arresting officer shall tell his authority and the cause of his arrest.
64. The period of detention of a person lawfully arrested without warrant of arrest for offenses punishable by light penalties.
A. 18 hours C. 24 hours
B. 12 hours D. 36 hours
65. The period of detention of a person lawfully arrested without warrant of arrest of offenses punishable by correctional
penalties.
A. 18 kours C. 36 Hours
B. 12 hours D. 24 hours
66. The period of detention of a person lawfully arrested without warrant of arrest punishable by afflictive or capital penalties.
A. 18 hours C. 72 hours
B. 36 hours 12 hours
67. If a person was lawfully arrested and escaped, what should the arresting officer do?
A. Should apply for a warrant of arrest before arresting the escapee.
B. Should immediately pursue or retake the escapee even without warrant at anytime.
C. Should wait for the issuance of the second warrant of arrest.
D. Should published to media while waiting for the release of second warrant of arrest.
68. It means questioning initiated by law enforcement officers after a person has been taken into custody.
A. Preliminary Investigation C. Custodial Investigation
B. Interview D. Preliminary questioning
69. It is the security given for the release of a person in custody of the law, furnished by him on a bondsman, to guarantee his
appearance before any court as required under the condition hereinafter specified.
A. Search of Warrant C. Bail
B. Warrant of Arrest D. Information
70. It may be given in the form of corporate surety, property bond, cash deposit recognizance.
A. Bail C. Search Warrant
B. Agency D. Custodial Investigation
71. It is an offense which under the law existing at the time of its commission and of the application for admission to bail,
may be punished with death.
A. Correctional Offense C. Capital Offense
B. Perpetual Offense D. Complex Crimes
72. It is an undertaking constituted as lien on the real property given as security for the amount of bail.
A. Corporate surety bond or bail bond C. Property bond
B. Cash deposit D. Recognizance
73. It is an obligation of record, entered into before some court or magistrate duly authorized to take it, with the condition to
some particular act, the most usual condition in criminal cases being the appearance of the accused for trial.
A. Bail Bond C. Property Bond
B. Cash Deposit D. Recognizance
74. Bail is a matter of Right, except:
A. Before and after conviction by Metropolitan Trial Court, Municipal Trial Court, Municipal Circuit Trial Court.
B. Before conviction by the Regional Trial Court for offense not punishable by reclusion perpetua.
C. Before conviction by the Regional Trial Court for offense not punishable by life imprisonment.
D. After conviction by the Regional Trial Court for offense punishable by death.
75. Bail is discretionary, except:
 A. Upon conviction by the Regional Trial Court of offense not punishable by death.
B. Upon conviction by the Regional Trial Court of offense not punishable by Reclusion Perpetua
C. Upon conviction by the Regional Trial Court of offense not punishable by life imprisonment.
D. Before conviction by the Regional Trial Court of an offense punishable by life imprisonment.

76. If the accused committed the offense while under probation, parole or additional pardon; his bail shall be
considered as ____________.
A. His bail is a matter of Right C. His bail is discretionary
B. His bail shall be denied D. His bail should be under recognizance
77. If the accused who is charged with an offense punishable by imprisonment, when he is applying for bail who has the
burden proof that the evidence of guilt is strong?
A. The accused C. The prosecution
B. The Judge D. The witness

78. The following are non bailable offense when evidence of guilt is strong, except:
A. Qualified robbery C. Less serious physical injury
B. Murder D. Robbery with homicide
79. Who shall fix the reasonable amount of bail in the application for bail for the accused?
A. The Prosecutor C. The judge who issued warrant of arrest.
B. The clerk of court D. The bonding company
80. The following are factors in determining the amount of bail, except:
A. Financial ability of the accused to give bail
B. That he committed the offense where under probation, parole, or conditional pardon.
C. Nature and circumstances of the offense.
D. Penalty of the offense change
81. If the accused fails to appear in person as required, what will happened with his bail?
A. His bail shall be forfeited C. His bail shall be freeze
B. The amount of his bail will be increased D. His bail shall be awarded to the bonding company.
82. If the accused fails to appear in person as required, how many days is given to the bonding company to produce
the accused?
A. Fifteen (15) days C. Two (2) months
B. Thirty (30) days D. Six (6) months
83. The bail shall be deemed automatically cancelled, except:
A. Upon acquittal of the accused C. Execution of the judgment of conviction
B. Dismissal of the case D. Escape of the accused
84. In all criminal prosecutions, the accused shall be entitled to the following rights except:
A. To be presumed innocent until the contrary is proved
B. To be informed of the nature and cause of the accusation against him.
C. To be exempt from being compelled to be a witness against him.
D. At the execution of final and executor judgment of conviction.
85. Under the present Rule of Court, the presence of the accused during the trial is mandatory except:
A. At the arraignment and plea C. The accused was properly notified of the trial.
B. At the trial for purpose of identification D. At the execution of final and executor judgment of conviction.

Questions 86 to 100 - Modified TRUE or FALSE:

Instructions:
Write A if both statements are correct ; B if the first statement is correct and the second is incorrect ;
C if the first statement is incorrect and the second is correct ; and D if both statements are incorrect.

86. In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor. The institution of the
criminal action shall interrupt the running of the period of prescription of the offense charged unless otherwise provided
in special laws.
87. Crimes punishable by death, reclusion perpetua, or reclusion temporal prescribed in twenty (20) years. Light offenses
prescribed in six (6) months.
88. The information is 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. The complaint or information
shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for
the offense involved.
89. The Department of Justice has the power to order a change of venue or place of trial to avoid a miscarriage of justice.
As a general rule the civil action for recovery of civil liability arising from the offense charged is not considered filed with
the criminal action.
90. After the criminal action has been commenced, the separate civil action arising therefrom cannot be instituted until final
 judgment has been entered in the criminal action. If the criminal action has already been instituted, the latter shall be
suspended in whatever stage it may be found before judgment on the merits.
91. In the cases provided in Articles 32,33,34 and 2176 of the civil code of the Philippines, the independent civil action may
be brought by the offended party. The death of the accused after arraignment and during the pendency of the criminal
action, shall not extinguish the civil liability arising from the misdemeanor.

92. If the accused dies after the arraignment, the criminal action shall be dismissed without prejudice to any civil action the
offended party may file against the estate of the deceased. A final judgment rendered in a civil action absorbing the
defendant from civil liability is not a bar to a criminal action against the defendant for the same act or omission subject of
the civil action.
93. The custodial investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender or
produce 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 is required to be conducted before the filing of a complaint or information for an
offense where the penalty prescribed by law is at least three (3) years; two (2) months and one(1) day without regard to the
fine.
94. Provincial or city prosecutors and their assistants may conduct preliminary investigation, National and Regional state
Prosecutors may also conduct preliminary investigation.
95. If the investigating officer shall find no ground to continue the investigation, he shall dismiss the case. The hearing shall
be held within thirty (30) days from the submission of the counter-affidavits and other documents or from the expiration
of the period from their submission.
96. cash deposit is an undertaking constituted as lien on the real property given as security for the amount of bail. Bail maybe
given in the form of corporate surety, property bond, cash deposit, or recognizance.
97. Capital offense is an offense which, under the law existing at the time of its commission and of the application for
admission to bail maybe punished with twenty (20) years. An offense punishable by reclusion perpetua or life
imprisonment is bailable even if the evidence is strong.
98. Bail is the security given for the release of a person in the custody of the law, furnished by him on a bondsman to
guarantee his appearance before any court as required under the conditions herein specified. The burden of proof in bail
application of the accused for offense punishable by death, reclusion perpetua, rest on the prosecution to show that the
evidence of guilt is strong.
99. The bail shall be deemed automatically cancelled upon acquittal of the accused. If the accused who was arrested by virtue
of warrant of arrest escaped, if re-arrested the arresting officer must always show the warrant of arrest.
100. An arrest may be made on any time, day and at any time of the day and night. In all criminal prosecutions, the accused
shall be entitled to be informed of the nature and cause of the accusation against him.

END OF EXAMINATION