TEST QUESTIONS

IN
CRIMINAL PROCEDURE

TEST I. MULTIPLE CHOICE: Underline the term which represents or corresponds to

your answer. Choose only one among the choices. Multiple answers in one number is
NOT valid. Erased numbers are not counted.

1. The following are the three (3) branches of government, except:

A. Legislative
B. Executive
C. Court
D. None of the above.

2. This branch of government has the exclusive power to enact laws.

A. Legislative
B. Executive
C. Court
D. None of the above.

3. This branch of government has the exclusive power to enforce laws.

A. Legislative
B. Executive
C. Court
D. None of the above.

4. The interpretation and application of laws is its exclusive prerogative.

A. Legislative
B. Executive
C. Court
D. None of the above.

5. The Legislative branch has enacted the Rules of Court. BUNOS

A. True
B. False
C. Good
D. None of the above.

6. The Court has enacted the Revised Penal Code.

A. True
B. False
C. Good
D. None of the above.

7. The following are substantive law, except:

A. The Revised Penal Code
B. The Anti-Child Abuse Law
C. The Human Security Act
D. The Rules of Court.

8. This is an adjective or remedial law.

A. The Revised Penal Code
B. The Anti-Child Abuse Law
C. The Human Security Act
D. The Rules of Court.
9. The Rules of Criminal Procedure is an adjective law.
A. True
B. False
C. Good
D. None of the above.

10. The Revised Penal Code of the Philippines (Act No. 3815) is a substantive law.
A. True
B. False
C. Good
D. None of the above.

11. An adjective law is an act of the Supreme Court.

A. True
B. False
C. Good
D. None of the above.

12. A substantive law is an act of Congress.

A. True
B. False
C. Good
D. None of the above.

13. The Public Prosecutors Office is under the Executive Branch.

A. True
B. False
C. Good
D. None of the above.

14. It is the reason for the filing of a Criminal Complaint.

A. Commission of a felony
B. Commission of an offense
C. Commission of a crime
D. None of the above.

15. This degree of proof or belief is the basis of a complaint.

A. Proof beyond reasonable doubt
B. Probable cause
C. Substantial evidence
D. None of the above.

16. A complaint or information cannot be filed unless it is grounded on proof beyond

reasonable doubt.
A. True
B. False
C. Good
D. None of the above.

17. This is a verified statement charging a person with an offense.

A. Information
B. Complaint
C. Probable cause
D. None of the above.

18. This is filed with the Public Prosecutors Office.

A. Information
B. Complaint
C. Subpoena
D. None of the above

19. This is filed with the court.

A. Information
B. Complaint
C. Subpoena
D. None of the above.

20. This may be filed with the court or before the Public Prosecutors Office.
A. Information
B. Complaint
C. Probable cause
D. None of the above

21. It is a proceeding the purpose of which is the determination of probable cause.

A. Preliminary investigation
B. Inquest proceeding
C. Motion to Quash
D. None of the above

22. It is the determination of probable cause by the Public Prosecutors Office.

A. Judicial determination of probable cause
B. Legislative determination of probable cause
C. Executive determination of probable cause
D. None of the above

23. It is the determination of probable cause by the trial court.

A. Judicial determination of probable cause
B. Legislative determination of probable cause
C. Executive determination of probable cause
D. None of the above.

24. It is issued by the Public Prosecutors Office to the respondent for the latter to
answer a criminal charge filed against him.
A. Warrant of Arrest
B. Search Warrant
C. Subpoena
D. None of the above.

25. This document is attached with the subpoena.

A. Warrant of Arrest
B. Counter-Affidavit
C. Complaint
D. None of the above.

26. The Public Prosecutors Office can issue Warrant of Arrest.

A. True
B. False
C. Good
D. None of the above.

27. The trial court can conduct preliminary investigation.

A. True
B. False
C. Good
D. None of the above.

28. An information is a sworn written statement charging a person with an offense.

A. True
B. False
C. Good
D. None of the above.

29. An information is filed before the court by the following, except:

A. Judge
B. Public Officers charged with the enforcement of the law violated
C. Public Prosecutor
D. State Prosecutor

30. How is criminal action instituted when the case is committed in Metro Manila and
other chartered cities?
A. By filing the information in court.
B. By filing the complaint before the Public Prosecutors Office.
C. By filing the complaint directly in court.
D. None of the above.

31. How is criminal action instituted when the case is committed in places outside
Metro Manila or in cities without original charters where the offense alleged to have
been committed is punishable with 4 years and 2 months? BUNOS
A. By filing the information directly in court.
B. By filing the complaint before the Public Prosecutors Office.
C. By filing the complaint directly in court.
D. None of the above.

32. What does the Public Prosecutors Office do when a complaint is filed before it?
A. Arrest the accused.
B. Issue subpoena to the respondent.
C. File information in court.
D. None of the above.

33. What does the respondent may do when issued a subpoena?

A. File his Counter-Complaint.
B. File his Motion to Quash.
C. File his Counter-Affidavit.
D. None of the above.

34. When is preliminary investigation required as a precondition for filing information

in court?
A. When the crime allegedly committed is punishable with imprisonment of 4 years
and 2 months.
B. When the crime allegedly committed is punishable with imprisonment of 4 years,
2 months, and one day.
C. When the crime allegedly committed is punishable with imprisonment of 2 years,
4 months, and one day.
D. None of the above.

35. This is the purpose of conducting preliminary investigation.

A. To determine the exact punishment of the accused.
B. To determine the criminal liability of the accused.
C. To determine the existence of probable cause.
D. None of the above.
36. What is the implication when the Public Prosecutors Office found probable
cause?
A. The respondent is probably guilty of the crime complained of.
B. The respondent is guilty beyond reasonable of the crime complained of.
C. The respondent is innocent of the crime complained of.
D. None of the above.

37. After the conduct of Preliminary Investigation, what does the Public Prosecutors
Office do when it finds no probable cause?
A. It will file the complaint in court.
B. It will file the information in court.
C. It will issue subpoena to the respondent.
D. None of the above.

38. After the conduct of Preliminary Investigation, what does the Public Prosecutors
Office do when it finds probable cause?
A. It will file the complaint in court.
B. It will file the Information in court.
C. It will issue subpoena to the respondent.
D. None of the above.

39. This public officer is not authorized under the Rules of Court to conduct
Preliminary Investigation.
A. Trial Court Judge
B. Provincial Prosecutors
C. City Prosecutors
D. None of the above.

40. Who among the following is authorized by law to conduct Preliminary

Investigation?
A. State Prosecutors
B. Trial Court Judges
C. Provincial Governors
D. None of the above.

41. Who among the following cannot administer oath?

A. Notary Public
B. Public Prosecutors
C. Trial Court Judges
D. None of the above.

42. The absence of Preliminary Investigation will render the Information invalid or
otherwise affects the court’s jurisdiction over the case.
A. True
B. False
C. Good
D. None of the above.

43. This is a proceeding conducted when the accused is arrested without warrant.
The purpose of which is to determine the validity of the warrantless arrest.
A. Inquest Proceeding
B. Preliminary Investigation
C. Bail
D. None of the above.

44. The Inquest Proceeding is to be conducted after the service of a Warrant of

Arrest and before the conduct of an arrest in flagrante delictu or arrest in hot pursuit.
A. True
B. False
C. Good
D. None of the above.

45. This is a remedy of the accused to continue enjoying his liberty while he is on
trial for alleged commission of a crime. When this remedy is granted in favor of the
accused, he will no longer be arrested or detained or shall be released for provisional
liberty in case he is detained.
A. Counter-Affidavit
B. Motion to Quash
C. Bail
D. None of the above.

46. What is the remedy for immediate release of the accused when he is arrested,
detained or put in jail for alleged commission of a crime?
A. File a petition in court for bail.
B. File a petition for bail before the public prosecutors office.
C. File a Motion to Quash the complaint or information.
D. None of the above.

47. This is the period or time given to the respondent within which he will file his
Counter-Affidavit.
A. 10 days from the date of the filing of the complaint.
B. 10 days from the date of the issuance of the subpoena.
C. 10 days from the date of receipt of the subpoena.
D. None of the above.

48. This is the taking of a person into custody in order that he may be bound to
answer for the alleged commission of an offense.
A. Arrest
B. Warrant of Arrest
C. Search Warrant
D. None of the above.

49. The surrender of a person to a public authority or his agent for the alleged
commission of an offense is equivalent to arrest.
A. True
B. False
C. It depends.
D. None of the above.

50. This is the security given for the release of a person held in custody of the law to
guarantee his appearance before any court as required by law, the rules, or by order of
the court.
A. Complaint
B. Information
C. Bail
D. None of the above.

51. A person under detention by legal process may be released or transferred from
one penal establishment to another under any of the following, except:
A. Bail
B. Court Order
C. Warrant
D. None of the above.
52. A warrant for the apprehension of a person whose true name is unknown.
Satisfies the constitutional requirement of particularity if there is some description
personae which will enable the officer to identify the accused.
A. John Doe Warrant
B. Search Warrant
C. Scatter shot warrant
D. Warrant of arrest

53. The only tribunal or body authorized by law to order the release of a person
detained for alleged commission of a crime.
A. Court
B. Public Prosecutors Office
C. Human Rights Commission
D. None of the above.

54. The Commission on Human Rights can also order the release of a person held in
custody of the law for alleged violation of the law.
A. True
B. False
C. Good
D. None of the above.

55. The following, except one, are circumstances of valid warrantless arrest. Which
one is not a valid cause for an arrest without warrant?
A. Arrest in flagrante delictu.
B. Arrest in hot pursuit.
C. Arrest of a fugitive from justice.
D. None of the above.

56. When an accused is arrested by virtue of a warrant issued by the court, he is

deemed to have been arrested in flagrante delictu.
A. True
B. False
C. Correct
D. None of the above.

57. A person may be arrested and detained by a strong suspicion of a seasoned and
experienced police officer that he has committed an offense.
A. True
B. False
C. Correct
D. None of the above.

58. This is a writ issued by the court for the search of a place particularized, and
seizure of a certain personal property therein identified, in the warrant.
A. Search Warrant
B. Warrant of Arrest
C. Subpoena
D. None of the above.

59. This period is the lifetime of a search warrant. Thereafter, it shall be void.
A. 10 days from the date of issue by the court.
B. 10 days from the date of receipt by the police officer.
C. 10 days from the application of the warrant by the police officer.
D. None of the above.
60. When a police officer knocks on the door of an individual, asking the latter to
allow him to enter inside his house, and said individual says nothing or otherwise does
not protest to the entry of said police officers, the said individual is deemed to have
consented to the conduct of warrantless search in his house, and therefore the police
officer can search said house even without warrant.
A. True
B. False
C. Correct
D. None of the above.

61. A search warrant can only be served during day time. The law does not allow
under any circumstances the service of a search warrant during night time.
A. True
B. False
C. Correct
D. None of the above.

62. When a police officer, who is armed with Search Warrant and who properly
introduced himself as a police officer, is refused admittance into the house subject of
search, may wait until the occupant thereof consents for his entry.
A. True
B. False
C. Correct
D. None of the above.

63. This is an offense which, under the law existing at the time of its commission and
at the time to be admitted to bail, may be punished with death.
A. Special Offense
B. Capital Offense
C. Grave Offense
D. Heinous Offense

64. Those to which the law punishes with penalties which in their maximum period
are correctional.
A Intentional felonies
B Grave Felonies
C Light Felonies
D Less Grave Felonies

65. Those infractions of law for the commission of which the penalty of arresto menor
or a fine not exceeding 200 pesos or both is provided.
A Slight Felonies
B Light Felonies
C Grave Felony
D Less Grave Felonies

66. A person arrested in hot pursuit or under any of the circumstances of a valid
warrantless arrest, shall be charged before the public prosecutors office within 12 hours
when the crime alleged to have been committed is a:
A. Light felony
B. Correctional felony
C. Grave felony
D. None of the above.
67. A person arrested in flagrante delictu or under any of the circumstances of a valid
warrantless arrest, shall be charged before the public prosecutors office within 18 hours
when the crime alleged to have been committed is punishable with:
A. Light penalty
B. Correctional penalty
C. Afflictive penalty
D. None of the above.

68. A person arrested by virtue of a warrant issued by the court, shall be charged
before the public prosecutors office within 36 hours when the crime alleged to have
been committed is punishable with:
A. Light penalty
B. Correctional penalty
C. Afflictive penalty
D. None of the above.

69. This is a cause of extinction of criminal liability.

A. Service of sentence
B. Evasion of service of sentence
C. Serious injury of the convict
D. None of the above.

70. This cause or event does not extinguish criminal liability.

A. Prescription of the crime
B. Prescription of the penalty
C. Absolute pardon
D. None of the above.

71. Crimes punishable with death, reclusion perpetua, and reclusion temporal shall
prescribe in:
A. 30 years
B. 20 years
C. 15 years
D. None of the above.

72. A crime punishable with prision mayor shall prescribe in:

A. 30 years
B. 20 years
C. 15 years
D. None of the above.

73. Crimes punishable by a correctional penalty shall prescribe in:

A. 10 years
B. 20 years
C. 15 years
D. None of the above.

74. Light offense shall prescribe in:

A. 5 years
B. 2 years
C. 2 months
D. None of the above.

75. The following crimes cannot be prosecuted de officio or at the instance of the
State or government, except:
A. Adultery
B. Concubinage
C. Rape
D. None of the above.

TEST II. TRUE OR FALSE: Write the word CORRECT when the statement is true.
Otherwise, write the word WRONG when it is false. Juxtapose your answer with the
Arabic numeral on the left margin.

1. A complaint or information cannot be filed unless it is grounded on proof beyond

reasonable doubt. WRONG

2. A Motion to Quash based on extinguishment of criminal liability may be filed even

after the accused entered his plea. CORRECT

3. A Motion to Quash hypothetically admits the truths of the fact spelled out in the
Complaint or Information. CORRECT

4. In the amendment of complaint or information after arraignment, leave of court is

not required when such amendment changes the nature of the offense charged.
WRONG

5. The amendment is one of substance, otherwise known as substantial

amendment, when the nature of the offense is altered or when it increases the penalty
imposable upon the accused. CORRECT

6. When the Information is amended so as to include and add the name of an

accused which was not included in the original Information, such kind of amendment is
a substantial amendment. WRONG

7. An Information may be amended in form or in substance without leave of court at

any time before the accused enters his plea. CORRECT

8. After the plea and during trial, formal amendment may be made without leave of
court if it can be done without causing prejudice to the rights of the accused. WRONG

9. Leave of court is still required even if the amendment is done before plea if the
amendment downgrades the nature of the offense charged. CORRECT

10. Leave of court is still required even if the amendment is made before the
accused enters his plea if said amendment excludes any accused from the complaint or
information. CORRECT

11. Bail is a matter of rights means the accused can apply for bail and the court has
no discretion to deny the bail except to grant it. CORRECT

12. Bail is a matter of discretion means the court has the discretionary power
whether to grant or deny the bail as the circumstances may warrant. CORRECT

13. The court may deny the bail when the accused is convicted with a crime
punishable with Reclusion Perpetua. CORRECT

14. When the accused is in custodia legis, he cannot get out from jail or detention
center unless he is granted bail or upon lawful order of the court. CORRECT

15. The accused before arraignment cannot be granted bail when he is charged with
a crime punishable with Reclusion Temporal and the evidence of guilt strong. WRONG
16. When the accused applies for bail, he need not show that the evidence against
him is weak because it is the Prosecution that has the burden of proof to prove that the
evidence of guilt is strong. CORRECT

17. The system of Criminal Procedure practiced in the Philippines is a mixture of

Inquisitorial System and Accusatorial System. CORRECT

18. Under Inquisitorial system of Criminal Procedure, the court may conduct its own
investigation and gather evidence relative to the culpability of the accused. CORRECT

19. In substitution of Complaint or Information, the accused need not be arraigned

again. WRONG

20. In a formal amendment of Complaint or Information, the accused has to be

arraigned again in order to accord him his right to be informed of the nature and cause
of the accusation against him. WRONG

21. An offended party in a private crime, where a preliminary investigation is not

required, can directly file his complaint in court without filing it first before the Public
Prosecutors Office. CORRECT

22. The amount of bail is recommended by the Public Prosecutors Office upon filing
of the Information in court. CORRECT

23. The Public Prosecutors Office can also grant the application for bail when the
case is not yet raffled to any particular court. WRONG

TEST III. APPLICATION. Read the story or the facts of the case carefully. Apply the
concepts, rules and doctrines you have learned not only within the area of Criminal
Procedure but also within the domain of Substantive Law.

FACTS:
X and A are Overseas Filipino Workers (OFWs). X is a doctor and A is a nurse. They
both left their respective wife (Y) and husband (B) in the Philippines. They work as
medical staff of a floating hospital owned by a Filipino national but said vessel being
used as a floating hospital is registered in Singapore. One night, X entered the room of
A and offered the latter a drink to sooth their loneliness while away from home. The two
drunk together and were intoxicated. At the depth of A’s inebriation, X removed her
clothing until she became naked. Right then and there, X began inserting his penis into
the genitalia of A. However, only the labia minora of A was penetrated slightly because
a co-staff in the hospital, who was also drunk, barged into the room of A, prompting X to
desist from his intended act.

QUESTIONS:
1. Which country has jurisdiction over the criminal acts committed by X?
A. Singapore has jurisdiction because it is the country of registry over the vessel
where the alleged act is committed.
B. The Philippines has jurisdiction because the vessel where the act is committed is
owned by a Filipino and that the accused and complainant are also Filipinos.
C. The United States of American has jurisdiction over the case because it has the
military and police capacity to enforce maritime laws.
D. None of the above.

2. Suppose the owner of the vessel is a Singaporean but said vessel is registered
in the Philippines, which State has jurisdiction over the crime committed in said vessel?
A. Singapore has jurisdiction because it is the country of registry over the vessel
where the alleged act is committed.
B. The Philippines has jurisdiction over the case because the vessel where the act
is committed is owned by a Filipino and that the accused and complainant are also
Filipinos.
C. The Philippines has jurisdiction over the crime because it is the country where
the vessel is registered.
D. None of the above.

3. Suppose in the story above, A pardoned X of the latter’s act, and they began an
amorous relationship so that they have cohabited together as husband and wife. But
when they came home in the country, they stopped their adulterous relationship
because they went back to their legal spouses. Can B, the husband of A, file a case for
concubinnage against X?
A. No. The Philippines has no extraterritorial jurisdiction over the crime of adultery
or concubinnage committed outside Philippine territory.
B. No. X was already pardoned by A. Hence, A’s husband cannot initiate a criminal
action against X because the latter was already forgiven.
C. Yes. X and A are already in the country. Hence, Philippine courts have
jurisdiction over their person. Hence, a criminal action against them for their acts
committed abroad may be entertained by Philippine courts.
D. None of the above.

4. Suppose X and A continued their erotic and illicit relationship when they came
home in the country. They usually meet each other in an isolated island and stay therein
for 3 days every month. Can V, the father B, A’s husband, who is a lawyer, subscribe a
criminal action for adultery against A and concubinnage against X?
A. Yes. V is a lawyer he knows how to initiate a criminal action against the two
erring doctor and nurse and he can surely bring them to the bars of justice.
B. No. In private crimes, only the private offended party can bring suit in court
against the offenders. Hence, V cannot file a complaint against X and A because he is
not the offended party.
C. No. Even if V is a lawyer he cannot initiate a criminal action against X and A
because he has no personal knowledge of their adulterous acts.
D. None of the above.

5. Suppose B knows very well that X and A are continuing their immoral relationship
even here in the country. However, B has sexual relations with A still, although after
every sexual activity on bed he becomes furious against X and A. Can B file a criminal
action against X and A?
A. Yes. X and A are already in the country and they are continuing their adulterous
relationship. Hence, Philippine courts have jurisdiction over their criminal acts.
B. No. The act of B in having sexual relations with A is a tacit pardon on his part
over the offense committed against him by A. Hence, B cannot file a complaint for
adultery against X and A.
C. No. B cannot anymore file a complaint for adultery against X and A on account of
the pregnancy of A. It is still possible that B is the father of A’s child.
D. None of the above.