QUESTIONS AND ANSWERS

IN
CRIMINAL PROCEDURE
COMPILED BY:
ATTY. RODOLFO G. RABAJA

11. Extinction of the penal action does not carry with extinction of the civil
action, unless:
a. The extinction proceeds from a declaration in a final judgment that the
fact from which the civil might arise did not exist.
b. The extinction did not proceed from a declaration in a final judgment that
the fact from which the civil might arise did not exist.
c. The extinction proceeds from a declaration in a final judgment that the
fact from which the civil might arise did exist.
d. None of the above
12. It is a question of fact or issue in a pending civil case similar or intimately
connected to the issue raised in a pending criminal action whereby the
resolution of the civil action is determinative of the guilt or innocence of the
accused in a criminal case.
a. Prejudicial question c. Civil question
b. Political question d. All of the foregoing
13. It is defined as an inquiry or proceeding for the purpose of determining
whether there is sufficient ground to engender a well founded belief that a
crime cognizable by the Regional Trial Court has been committed and that the
respondent is probably guilty thereof, and should be held for trial.
a. Preliminary investigation c. Interrogation
b. Criminal investigation d. Criminal prosecution
14. For what offense where a preliminary investigation is required to be
conducted?
a. When a person is lawfully arrested without a warrant.
b. For an offense where the penalty prescribed by law is at least four (4)
years, two (2) months and one (1) day without regard to fine.
c. For any offense when an inquest prosecutor is available.
d. All of the above
15. In what instance when a prosecutor without need of a preliminary
investigation may file a complaint or information provided an inquest has
been conducted in accordance with existing rules?
a. When a person is lawfully arrested without a warrant involving an
offense, which requires a preliminary investigation.
b. For an offense where the penalty prescribed by law is at least four (4)
years, two (2) months and one (1) day.
c. For any offense when an inquest prosecutor is absent or not available
d. All of the above
16. The required number of days in which the accused may ask for a preliminary
investigation with the same right to adduce evidence in his favor, if the case has
been filed in court without preliminary investigation having been first
conducted.
a. Within five (5) days from the time he learns of the filing of the
information.
 b. Within ten (10) days from the time he learns of the filing of the
information.
c. Within fifteen (15) days from the time he learns of the filing of the
information.
d. Within thirty (30) days from the time he learns of the filing of the
information.
17. Any lawyer or member of the bar, shall, at the request of the person arrested or
of another acting in his behalf, have the right to visit and confer privately with
such person, in jail or any other place of custody at:
a. Any hour of the day or, in urgent cases of the night
b. Any hour of the working day only
c. Any hour of Saturdays and Sundays
d. Any hour of designated visiting day only
18. May be defined as the security given for the release of a person in custody of
the law, furnished by him or a bondsman, conditioned upon his appearance
before any court as required under the conditions specified by law.
a. Pardon c. Probation
b. Bail d. Parole
19. Bail is the security given to for the release of a person in custody of the law,
furnished by him or a bondsman to guarantee his appearance before any court
as required under the conditions hereinafter specified. In effect, what would be
the nature or form of the bail?
a. Corporate surety c. Cash deposit, or recognizance
b. Property bond d. All of the above
20. It is obligation of record, entered into the record of the court or magistrate a
person in the community of good reputation to do some particular act, the most
usual condition in criminal cases being the appearance of the accused for trial.
a. Recognizance c. Pardon
b. Bail Bond d. Probation
21. Is the method fixed by law for the apprehension and prosecution of a person
who is accused of a crime and for his punishment, whenever convicted?
a. Civil Procedure c. Rules of Court
b. Criminal Procedure d. All of the above
22. The independent civil action may proceed separately and independently with
the criminal action, which the criminal action is based on the same act or omission
of the defendant. Said civil actions are those provided in the Civil Code:
a. Articles 32, 33, 34 c. All of the foregoing
b. Articles 2176 d. None of the foregoing

23. “A” married to “B”. During the existence of his marriage, A (husband)
married “C”. B (1st wife) filed a bigamy case against “A”. Whereupon A filed a
case for annulment of his marriage with C on the ground that he was forced and
intimidated by C to marry her. Here there exists in the civil action a question of:
a. Criminal question c. Prejudicial question
b. Civil question d. All of the above
24. In what instances is a warrant of arrest not necessary?
a. If the accused is already under detention.
b. If the complaint or information was filed after the accused was lawfully
arrested without warrant.
 c. If the offense is punishable by fine.
d. All of the above
25. Any amendment before plea, which downgrades the nature of the offense or
excludes any accused from the complaint or information can be made only on
condition that:
a. There must be a motion filed by the prosecutor.
b. There must be notice of the motion upon the offended party.
c. The amendment must be by leave of court
d. All of the above
26. The ______ shall be in writing, in the name of the People of the Philippines
against all person who appear to be responsible for the offense involved,
subscribed by the prosecutor and filed in court.
a. Complaint c. Civil Action
b. Information d. Criminal Action
27. _____ Is a written statement charging a person with an offense, subscribed b
the offended party, any peace officer, or other public office charged with the
enforcement of the law violated.
a. Information c. Criminal case
b. Complaint d. Civil case
28. It is the authority of the court to hear, try and decide a case.
a. Venue c. All of the above
b. Jurisdiction d. None of the above
29. It is the municipality or province wherein the offense was committed or one of
its essential elements took place. It is the place of trial, in a criminal case.
a. Jurisdiction c. None of the above
b. Venue d. All of the above
30. The venue in a criminal case may be changed by _____ to avoid a miscarriage
f justice.
a. Agreement of parties’ c. Court of Appeals
b. Regional Trial Court d. Supreme Court
31. As an exception to the rule that the filing of the criminal action carries with it
the filing of the civil action for the recovery of civil liability.
a. Offended party waives the civil action
b. Reserves the right to file it separately
c. Institutes the civil action prior to the criminal action
d. All of the above
32. A final judgment rendered in a civil action absolving the defendant is no bar to
a _____ action.
a. Civil action c. Special action
b. Criminal action d. All of the above
33. When a person is lawfully arrested without warrant of arrest involving an
offense, which requires a preliminary investigation, the complaint or information
may be filed without need of such investigation, provided an _____ has been
conducted in accordance with existing law.
a. Preliminary Investigation c. Fact Finding Investigation
b. Preliminary Examination d. Inquest
34. A peace officer or a private person may, without a warrant, arrest a person;
a. When, in his presence, the person to be arrested is actually committing an
offense.
 b. Attempting to commit an offense
c. An offense has in fact just been committed and he has probable cause to
believe based on personal knowledge of fact and circumstance that the
person to be arrested has committed it.
d. When the person to be arrested is a prisoner who escaped from his place
of confinement.
e. All of the above
35. Bail is a matter of right:
a. Before or after conviction by the lower court.
b. Before conviction by the Regional Trial Court of an offense not
punishable by death, reclusion perperua, life imprisonment.
c. All of the above
d. None of the above
36.This one right of the accused is founded on the principle of justice and is
intended not to protect the guilty but to prevent as far as human agencies can,
the conviction of an innocent person.
a. The presumption of innocence
b. Right to be present and to defend himself at the trial
c. The right to be informed of the nature and cause of accusation
d. All of them

37.Under the rules, the defendant is entitled to be present and defend

in person by an Attorney at every stage of the proceedings, that is,
from the arraignment to the promulgation of the judgment. This
referred to the Philippine Constitution as...
a. The right to be heard by himself and counsel
b. The right to be informed of the nature and cause of the accusation
c. The right to testify as witness in his own behalf
d. The right against self-incrimination
e. All of them
38. It requires that the charges against a person should be stated in
such a way as to enable him to know the meaning and nature of the
accusation against him.
a. Right to be present and to defend himself at the trial
b. Right to be informed of the nature and cause of accusation
c. The right to testify as witness in his own behalf
d. The right against self-incrimination
e. All of the foregoing
39. A denial of his right when requested by the defendant himself or
his counsel constitutes an error prejudicial to the substantive right of the
accused.
a. Right to be informed of the nature and cause of the accusation
b. The right to testify as a witness in his own behalf
c. The right against self-incrimination
d. Right to be exempt from being compelled to be a witness against
himself
40. One of the Constitutional rights, which may be defined as one that
can be had as soon after indictment as the prosecution can with reasonable
diligent prepare for it, and is conducted according to fixed rules and
proceedings of law, free from vexations, capricious and oppressive delays.
a. Right to testify as a witness in his own behalf
b. Right to speedy trial
c. Right to have compulsory process issued to secure the Attendance
of witnesses and production of other evidence in his behalf
d. Right of appeal in all causes allowed and in the manner prescribed
by law.
41. A requirement, which is considered as one of the safeguards, set
down by law to secure and protect the right of the defendant. It is made
before the court where the complaint or information has been filed or
assigned for trial.
a. Trial c. Prosecution
b. Arraignment d. Judgment
42. The requirement of the rules on arraignment is mandatory and
failure to observe them is ground for...
a. Dismissal of the case
b. Reversal of the judgment and the remanding of the case for new
trial
c. Appeal of the case
d. All of them
43. If the accused refuses to plead, or make conditional plea of guilty,
__________________ shall be entered for him. The blank space is.
a. A plea of guilty shall be entered for him
b. A plea of not guilty shall be entered for him
c. A combination of the first two
d. None of them
44. An instance when the accused may be allowed by trial court to
plead guilty to a lesser offense, provided it is with the consent of:
a. When he turns himself as a state witness
b. Only with the consent of the offended party and the trial prosecutor
c. Only when he has less perversity in the commission of the crime
charged
d. All of the above
45. In localities where no such members of the bar are available during
the arraignment, who shall be appointed by the court as Counsel de Officio
of the accused?
a. The local Chief of Police
b. The Vice Mayor of the locality
c. Any person, resident of the province and of good repute for probity
and ability, to defend the accused
d. All of the above
46. When shall arraignment be held?
a. Within 30 days from the date the court acquires jurisdiction over
the person of the accused, unless a shorter period is provided by special law
or Supreme Court Circular
b. Not later than 30 days from the date court acquires jurisdiction
over the person of the accused, unless a shorter period is provided by special
law or Supreme Court Circular
 c. 30 days after the date the court acquires jurisdiction over the
person of the accused, unless provided by special law or Supreme Court
Circular
d. All of the above

47. Something for the accused to move, for him to enable to properly plead
and prepare for trial.
This motion shall specify the alleged effects of the complaint or
information and the details
desired.
a. Demurer of Evidence c. Dismissal of the case
b. Bill of particulars d. Motion for a preliminary
Investigation
48. Of the following, one is the duty of the court when the accused pleads
guilty to a capital offense.
a. The court shall conduct a searching inquiry into the voluntariness
and full comprehension of the consequences of his plea and require the
prosecution to prove his guilt and the precise degree of culpability and also
allow the accused to present his defense, if any.
b. To order the investigating officer to conduct air tight investigation
of the case
c. To redirect the fiscal to personally investigate the case
d. To sentence the accused in accordance with his plea of guilty to
the capital offense charged with a note address to the Supreme Court that the
case should be reviewed.
48. The right to counsel is a personal one and therefore may be
waived. It is waived when the defendant....
a. Voluntarily submits himself to the jurisdiction of the court and
proceeds with the defense
b. Refuses to voluntarily submits himself to the jurisdiction of the
court
c. Refuses to hire his counsel
d. All of them
49. Time granted to counsel de officio to consult with the
accused as to his plea before proceeding with the arraignment
a. At least one-hour c. One day
b. Two hours d. Given a reasonable time to consult
with the
accused as to his plea
50. After a plea of not guilty, the accused is entitled to such
number of days to prepare for trial unless the court for good cause grants
him further time.
a. Fifteen days c. One day
b. Four days d. Three days
51. If the accused appears to be suffering from an unsound
mental condition, which effectively renders him unable to fully understand
the charge against him and to plead intelligently...
a. The arraignment shall be suspended
b. The criminal charged shall be dismissed
c. The trial shall be suspended
d. All of them
52. At what time may the accused move to quash the
complaint or information?
a. At any time before his arrest c. At any time before entering
his plea
b. Only after entering his plea d. All of them
53. In the case above mentioned, if the defendant does not
move to quash the complaint or information at the appropriate time, he
shall be deemed to have waived all objections which are grounds for a
motion to quash. The only exceptions to this rule are...
a. When the information fails to charge an offense
b. When the court is without jurisdiction over the offenses charged
c. That the criminal action or liability has been extinguished
d. The accused had been previously convicted or acquitted of the offense
charged
e. All of the foregoing
54. It means that a person is charged with an offense and
the case is terminated either by acquittal or conviction, or in any other
manner without the consent of the accused, the latter cannot be charged
with the same identical offense.
a. Ex post facto law c. Complex crimes
b. Double jeopardy d. Indeterminate Sentence Law
56. The failure of the accused to assert any ground of a
motion to quash before he pleads to the complaint or information, either
because he did not file a motion to quash or failed to allege the same in
said motion, shall be deemed a waiver of the grounds of a motion to
quash, except...
a. The grounds of no offense charged
b. Lack of jurisdiction
c. Extinction of the offense or penalty
d. Double jeopardy
e. All of the foregoing
57. A warrant which describes the persons to be arrested as
mere “John Doe” or “Richard Doe” is void, unless there is such things as
will justify to act under it.
a. Descriptio personae c. Personal identification
b. Physical appearance d. By substitution of the person to be
arrested

58. Has no authority to issue a warrant of arrest, and is

powerless to validate an illegal detention by merely filing information or by
any other order of his own, either express or implied..
a. Judges of Municipal Trial Courts c. Judges of Municipal Trial Circuit
Courts
b. Fiscal/Prosecutor d. Judges of Regional Trial Courts
59. An officer making an arrest has no right to confiscate any
object found in the possession of the party arrested unless…
a. The object found in his possession was used in the commission of the
crime
b. Was the fruit of the crime
c. Which might furnish the person arrested with the means of committing
violence or escaping
d. All of the foregoing
60. The required number of days where in the head of the
office to whom the warrant of arrest has been delivered for execution shall
cause the warrant to be executed.
a. Within five days from the receipt thereof
b. Within ten days from receipt thereof
c. Within fifteen days from receipt thereof
d. Within twenty days from receipt thereof
61. A peace officer by virtue of a warrant of arrest may
execute it and make an arrest on….
a. Day time only, from 8am to 5pm
b. Any day and at any time of the day or night
c. Any day and any time of the day
d. Any working day only and at any time
62. The power of a private person to arrest without warrant
must be exercised, or else it would be an excuse for violation of the
individual liberties guaranteed in the Constitution.
a. Civic mindedness c. Agent of person in authority
b. Utmost good faith d. All of the foregoing
63. to aid him in making the arrest. In effect, such a private
person becomes A peace officer, in making lawful arrest, may orally
summon a private person ….
a. An agent of a person in authority c. De jure peace officer
b. A civic-minded citizen d. A member of Barangay Tanod
64. Any lawyer or member of the bar, shall, at the request of
the person arrested or of another acting in his behalf, have the right to visit
and confer privately with such person, in jail or any other place of custody
at….
a. Any hour of the day or, in urgent cases, of the night
b. Any hour of the working day only
c. Any hour of Saturdays and Sundays
d. Any hour of the designated visiting day only
65. May be defined as the security given for the release of a
person in custody of the law, furnished by him or a bondsman, conditioned
upon his appearance before any court as required under the conditions
specified by law.
a. Pardon c. Probation
b. Bail d. Parole
66. Bail is the security given to for the release of a person in
custody of the law, furnished by him or a bondsman, to guarantee his
appearance before any court as required under the conditions hereinafter
specified. In effect, what would be the nature or form of the bail?
a. Corporate surety c. Cash deposit, or recognizance
b. Property bond d. All of the above
67. When may a person in custody be admitted to bail as a matter or right?
a. Before or after conviction by the Metropolitan Trial Court, Municipal
Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial
Court
b. Before conviction by the RTC of an offense not punishable by death,
reclusion perpetua, or life imprisonment
c. All of the above
d. Letter “A” only
68. It is an obligation of record, entered into before some court
or magistrate duly authorized to take it, with the condition to do some
particular act, the most usual condition in criminal cases being the
appearance of the accused for trial.
a. Recognizance c. Pardon
b. Bail bond d. Probation
69. All person in custody shall be entitled to bail as a matter of
right, except those charged with a capital offense when the evidence of guilt,
thereof is strong. In these cases, since bail is a matter of right, the granting of
the same is…
a. Discretionary on the part of the court c. Ministerial in nature
b. Mandatory d. All of the foregoing
70. It being discretionary, the application for a bail will be
filed and acted upon by what court despite the filing of a notice of appeal,
provided it has not transmitted the original record to the appellate court?
a. Appellate Courtb. Trial court c. Supreme Court d. all of them
71. If the decision of the Trial Court convicting the accused
changed the nature of the offense from non-bailable, what court can the bail
be applied with, and who shall resolve it?
a. Appellate Court c. Supreme Court
b. Trial Court d. All of them
72. Under Section 12 of the Rules of Summary Procedure, no
bail shall be required in cases of violations of traffic laws, rules and
regulations: violations of rental law; violations of Municipal or City
Ordinance, etc…except when a warrant of arrest is issued in accordance
with Section 10, or where the accused…
a. Is a recidivist
b. Is fugitive from justice
c. Is charged with physical injuries
d. Does not reside in the place where the violation of the law or ordinance
was committed, or has no known residence
e. All of the foregoing
73. May be defined as undertaking constituted as a lien on the
real property given as security for the amount of the bail….
a. Recognizance c. Property bond
b. Collateral property d. All of them
74. An instance when the accused held to answer a criminal
charge but who is released without bail on the filing of complaint or
information, may, at any subsequent stage of the proceedings, be required to
give bail in the amount fixed, or in lieu thereof may be committed to the
custody.
a. Whenever it appears to the court that evidence of guilt is strong
b. He commits the same or another offense charge
c. He committed a capital offense
d. All of them
75. Upon application filed with the court and after due notice
to the fiscal, the bail bond may be cancelled upon surrender of the accused
or proof of his death. On the other hand, the bail bond shall be deemed
automatically cancelled upon…
a. Acquittal of the accused
b. Dismissal of the accused
c. Execution of the final judgment of conviction
d. All of the foregoing
76. One exception to the rule that, no bail shall be allowed
after judgment has become final; that he may be allowed temporary liberty
under his bail bond.
a. In case the accused has applied for probation
b. In case he is pardon by the President
c. When amnesty is granted by the President
d. All of the foregoing
77. Under the rules, the defendant is entitled to be present and
defend in person by an Attorney at every stage of the proceedings. That is,
from the arraignment to the promulgation of the judgment. This referred to
the Philippine Constitution as…
a. The right to be heard by himself and counsel
b. The right to be informed of the nature and cause of the accusation
c. The right to testify as witness in his own behalf
d. The right against self-incrimination
e. All of them
78. The general rule is that a case shall not be provisionally
dismissed. However, one of the following is an exception to the general rule,
and that is....
a. When the accused dies before the final judgment of the case
b. When the accused is expressly pardoned by the offended party
c. With the express consent of the accused and with notice to the offended
party
d. All of the above
79. The legal effect if there is a provisional dismissal of
offenses punishable by imprisonment not exceeding 6 years or a fine of any
amount, or both..
a. Without the consent of the offender, the provisional dismissal of such
offense will be void ab initio
b. Such dismissal shall be valid, either with or without the express consent
of the accused
c. Such dismissal shall become permanent 1 year after issuance of the order
without the case having been revived
d. All of the above
80. In this jurisdiction, only one offense must be charged in an
information, except:
a. Complex crime
b. When a single act constitute two or more grave or less felonies
c. When an offense is a necessary means in committing the other felonies
d. All of the above
81. It is the process whereby the accused and the prosecutor in
a criminal case work out a mutually satisfactory disposition on the case
subject to court approval.
a. Pre-trial c. Preliminary investigation
b. Plea bargaining d. Arraignment

82. It is a conference conducted by the court where the

accused and counsel agree on the matter of plea-bargaining, stipulation of
facts, marking of evidence, waiver of objections to admissibility of evidence,
such other matters as will promote a fair and expeditious trial.
a. Arraignment c. Preliminary investigation
b. Pre-trial d. Trial
83. It is defined as the examination before a competent
tribunal/court, according to the laws of the land, of the facts in issue in a
cause, for the purpose of determining such issue.
a. Trial c. Arraignment
b. Pre-trial d. All of the above
84. When the court is satisfied, upon proof of oath, that a
material witness will not testify when required, it may upon the motion of
either party order the witness to:
a. To be discharged
b. To be included in the information
c. To post bail in such sum as ordered by the court
d. All of the above
85. The prosecution is required to present evidence and the
sworn statement of each proposed state witness at the hearing in support of
the discharge. Thus, the motion to discharge the accused to be state witness
must be filed:
a. Before the prosecution rests c. Before arraignment
b. Before the presentation of evidence d. None of the above
86. The legal effect if and when all agreements, made during
the pre-trial conference, which are reduced in writing, are not signed by the
accused and his counsel.
a. Considered as admission of guilt c. The court shall order for another
pre-trial
b. Cannot be used against the accused d. All of the above
87. One instance when the court, may motu propio, excludes
the public from the courtroom.
a. If evidence to be produced during the trial is offensive to decency or
morality.
b. If the accused is a woman of good reputation.
c. All of the foregoing
d. None of the above
88. When after the prosecution has rested its case, the accused
files a motion to dismiss the case on the ground of insufficiency of evidence,
he waives the right to present evidence. The rule is known as:
a. Summary proceeding c. Demurer to evidence
b. Bill of particular d. All of the above
89. The legal effect if there is provisional dismissal of offenses
punishable by imprisonment of more than 6 years.
a. The provisional dismissal shall become permanent 2 years after issuance
of the order without the case having been revived
b. Such dismissal shall become permanent 1 year after issuance of the order
without the case having been revived
c. Such dismissal shall be valid, either with or without consent of the
accused
d. All of the above
90. The number of days the accused has to prepare for trial
after a plea of not guilty is entered.
a. Within 30 days c. Within 45 days
b. At least 15 days d. All of the above
91. The time when trial shall commence.
a. Within 30 days from the receipt of the pre-trial order
b. Within 15 days from the receipt of the pre-trial order
c. Within 45 days from the receipt of the pre-trial order
d. All of the above
92. The authority of the court when satisfied, upon proof or
oath, that a material witness will not testify when required, upon motion of
either party.
a. May proceed to the trial of the case
b. May order the witness to post bail in such sum as may be deemed proper
c. Shall commit him to prison until he complies or is legally discharged
after his testimony has been taken
d. All of the above
93. One instance when the court, may mote propio, excludes
the public from the courtroom.
a. If the evidence to be produced during the trial is of such character as to
be offensive to decency or public morals
b. If the accused is a woman of good reputation
c. If the accused is an Ambassador
d. All of the foregoing.

94. As used in Rule 120, it means the adjudication by the court

that the accused is guilty or is not guilty of the offense charged, and the
imposition of the proper penalty and civil liability provided for by law on
the accused.
a. Judgment c. Acquittal
b. Interlocutory d. Sentence
95. From the provision of Section 1, Rule 120 it would seem
that in a judgment of acquittal, the court has...
a. Authority to impose a reprimand d. Authority to call a
conference with
b. No authority to impose a reprimand both prosecutor and
defense counsel
c. All of the foregoin
96. In case of acquittal, the judgment shall make a finding on
the civil liability of the accused in favor of the offended party, except
when...
a. There is a clear showing that the act from which the civil liability might
arise
did not exist
b. There is a prejudicial question
c. The offender is pardon by the offended party
d. The guilty party dies before judgment
97. The indemnity, which a person is sentenced to pay, forms
an integral part of the penalty, it being expressly provided by Article 100 of
the Revised Penal Code, that every person criminally liable is.
a. Civilly liable c. Presumed to be innocent
b. Not civilly liable d. All of them
98. It is said to exist when the complaint or information sets
out an offense but the evidence establishes another crime.
a. Complex crimes c. Continuing offense
b. Variance d. False accusation
99. In case of variance between information and proof, the
accused can only be convicted of the...
a. Graver offense which is included in the other
b. Lesser offense which is included in the other
c. Mitigating circumstances
d. Aggravating circumstances
100. Where the offense charged does not include the offense
proved, it matters not how conclusive and convincing the evidence or guilt
may be, an accused person cannot be convicted in any court of any offense
unless...
a. The accused is charged of a complex crimes
b. It is charged in the information on which he is tried or necessarily
included therein
c. The accused is recidivist
d. All of them
101. Takes place when the Clerk of Court enters final judgment
in accordance with the order of the court and when judgment is thus entered,
it is legally promulgated.
a. Rendering of the judgment c. Legal promulgation of the
judgment
b. Pronouncing of the judgment d. Entry of Judgment
102. Under Section 6 of the Rule 120 of the Rules of Court, a
judgment of acquittal is validly promulgated after the Clerk of Court has
entered it in the criminal docket and the defendant served with a copy
thereof. The presence of the defendant is not necessary where the judgment
is one of:
a. Conviction of grave offense c. Conviction of a light offense
b. Acquittal d. All of them
103. A judgment becomes final after the lapse of the period
for...
a. Perfecting an appeal
b. Presentation of evidence by the prosecution
c. Presentation of evidence by the defense counsel
d. All of them
104. It portrays a proceeding whereby errors of law or
irregularities are expunged from the record, or new evidence is introduced,
or both steps are taken in __________ by the nature of its purpose and what
is to be done, both parties have to intervene. The blank space is known as:
a. New Trial c. Trial
b. Motion for Reconsideration d. All of them
105. It contemplates of no new hearing or proceeding of any
kind except to seek a change in the judgment already accomplished but only
on the basis of what is already in the record.
a. New Trial c. Trial
b. Motion for Reconsideration d. Appeal
106. A motion for new trial should be filed at any time within
fifteen days from the promulgation of a judgment of conviction that is...
a. Before the appeal is perfected c. After the appeal is
perfected
b. After the final entry of a judgment of conviction d. All of the
above

107. Where the appeal has been perfected, the motion for new
trial should be presented to the appellate court, because once an appeal is
perfected, the trial court...
a. Still retains its power to set aside the judgment rendered by it or to grant
a new trial
b. Loses its power to set aside the judgment rendered by it to grant a new
trial
c. All of the above
d. None of them
108. The prosecution cannot appeal from a judgment of
conviction to increase the penalty because:
a. The accused would be placed in double jeopardy
b. The prosecution can ask that the judgment be set aside
c. The prosecution can ask for reopening of the case
d. All of them
109. Appeal by “either party” as used in the law has been
interpreted to mean...
a. Only the government and the accused
b. Other persons who may be affected by the judgment rendered in the
criminal proceedings
c. B only
d. All of the above
110. The period for appeal from final orders, resolutions,
awards judgments or decisions of any court in all cases shall be...
a. 15 counted from the notice of the final order, resolution, award, judgment
or decision appealed from
b. Within in 15 days from the notice of the final order, resolution, award,
judgment or decision appealed from
c. 15 days after the notice of the final order, resolution, award, judgment or
decision appealed from
d. 15 days before the notice of the final order, resolution, award, judgment
or decision appealed from
111. Corollary to the item above mentioned, when will the
period for perfecting an appeal be interrupted?
a. After the time a motion for a new trial or reconsideration is filed until
notice of the order overruling the motion shall have served upon the accused
or his counsel
b. After the time a motion for new trial or reconsideration is filed until
notice of the order overruling the motion shall have served upon the accused
or his counsel
c. Before the time a motion for a new trial or reconsideration is filed until
notice of the order overruling the motion shall have been served upon the
accused or his counsel
d. None of them
112. Supposing the judge rendered an oral decision. It may
either be for conviction, acquittal or dismissal. The oral decision will never
become final because:
a. It was not in writing; d. A only
b. Not signed by the judge who rendered it; e. B only
c. The judge can still change or modify it; f. All of the above
113. Judgment is valid and binding when:
a. Duly signed by a judge; d. C only
b. Filed with the Clerk of Court e. B only
c. Promulgated during the incumbency of the judge who signed it; f. All
of the above
114. X was charged with frustrated homicide. During the
arraignment, he pleaded not guilty. Immediately after he gave his plea of not
guilty, the victim died. So X was charged again, this time, with homicide.
When arraigned for homicide, X moved to quash the homicide case on the
ground of double jeopardy. Is X contention correct? No because:
a. The second offense did not yet exist at the time of the first prosecution for
frustrated
homicide;
b. No possibility for him to be convicted for non-existing crime, which
supervened after
being charged for frustrated homicide;
c. B only
d. d. All of the above
115. X was charged with murder but during the trial, the offense
proved was homicide only. What would be the decision of the judge?
a. Murder because this is the offense charged; c. No
decision
b. Homicide for being included in the offense charged; d. All of the
above
116. Supposing, the charge is for homicide but the offense
proved is murder. The decision of the judge would be:
a. Convicted for murder because it is the offense proved;
b. Homicide for a person cannot be convicted of a greater offense than that
charged;
c. “A” only
d. All of the above
117. Exclusion and separation of witnesses on any trial or
hearing, the judge may exclude from the court any witness not at the time
under examination, except:
a. Party in action; e. One who is party in-interest
b. Against expert witness; f. A & B only
c. Rebuttal witness; g. All of the above
d. Agent of the parties;
118. The court shall consider no evidence, which has not been
formally offered. The purpose for which the evidence is offered must be
specified. When shall offer of evidence be made? As regards the testimony
of witness, the offer must be made at the time_________; as to documentary
and object evidence, the offer shall be made: _______.
a. The witness is called to testify;
b. After the presentation of a party’s testimonial evidence;
c. Fill out the blanks with the correct answer
119. Promulgation of judgment in the RTC and inferior courts
shall be made as follows:
a. The Clerk of Court rendering the judgment shall give notice to the
accused;
b. Reading of the judgment in the presence of the accused and any judge of
the court in
which it was rendered; d. C only
c. Service of the decision by mail; e. A & B only
120. Promulgation of the judgment in the Supreme Court and
Court of Appeal shall be made:
a. By filing the judgment with the Clerk of Court of the appellate court;
b. Presence of the accused is required;
c. The Clerk of Court shall make certified true copies of the judgment to be
served upon the parties by registered mail; e. A only
d. B only f. A & C only
121. The rule is, the Constitution bars State intrusions to a
person’s body, personal effects or residence except if conducted by virtue of
a valid warrant search issued. However, warrantless searches and seizures is
legally allowed in:
a. Search of moving vehicle; f. Customs searches;
b. Seizure in plain view; g. All of the above
c. Stop and frisk situation (Terry search)
d. Search incidental to a lawful arrest
e. Waiver or consent searches;
122. It is a doctrine usually applied where a police officer is not
searching for evidence against the accused, but nonetheless inadvertently
comes across incriminating objects.
a. Waiver or consented search; c. In flagrante delicto
b. Stop and frisk situation; d. Plain view
123. In determining the probable cause, it is required that:
a. The judge must examine the complainant and his witnesses personally;
b. The examination must be under oath;
c. The examination must be in writing in the form of searching questions
and answers;
d. A & B only
f. C only
g. All of the above
124. Every search conducted in a house, room, or premises
must be made only in the presence of:
a. The lawful occupant thereof or any member of his family;
b. In their absence, in the presence of two witnesses of sufficient age and
discretion
residing in the same locality;
c. All of the above
125. A search warrant has a lifetime of ten (10) days. When the
search under a warrant on one day was interrupted, it may be continued
under the same warrant the following day:
a. If it is still within the ten-day period; c. “A” only
b. Even after ten days from its date;
126. A warrantless arrest is considered legitimate or valid and it
includes a valid warrantless search and seizure in:
a. Arrest in flagrante delicto; c. Arrests of escape prisoner;
b. Arrest effected in hot pursuit; d. All of the above
127. The police saw 2 suspicious looking persons at dawn;
hence, they stopped them. They were carrying bags. When they were
stopped, they ran and when apprehended, an unlicensed revolver was found
in the bag. Is the search without warrant valid or void?
a. Valid as this is stop and frisk situation;
b. Probable cause is present when they acted suspiciously and attempted to
run when order to
stop; that they are concealing something illegal;
d. All of the above
128. The Constitution proscribes/prohibits unreasonable
searches and seizures of whatever nature. Without a judicial warrant, or
warrantless search is not allowed except:
a. A search incident to a lawful arrest; e. Consented search;
b. Seizure of evidence in plain view; f. Stop and frisk situations;
c. Search of a moving vehicle; g. All of the above
d. Customs search;

129. 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. Subpoena duces tecum; c. All of the above
b. Search warrants D. None of the above
130. A search warrant is in the nature of an interlocutory order
because there are other things to be done, like:
a. The filing of the corresponding information; d. B only
b. Determination of the guilt of the accused; e. All of the above
c. A only
131. A search warrant is issued purposely to search and seize
personal property which is:
a. Subject of the offense;
b. Stolen or embezzled and other proceeds, or fruits of the offense;
c. Used or intended to be used as the means of committing an offense;
d. All of the above
132. The rights against warrantless arrest and search and seizure
are not absolute. Under the Rules of Criminal Procedure, an arrest without a
warrant may be lawfully made by a peace officer or a private person if:
a. When, in his presence, the person to be arrested has committed, is
actually committing,
or is attempting to commit an offense;
b. When an offense has just been committed and he has probable cause to
believe based on
personal knowledge of facts and circumstances that the person to be arrested
has probably committed the offense;
c. Escaped prisoner from place of confinement/detention;
e. All of the above
133. It is a method employed by police authorities to
malefactors in the act of committing the crime of drug vending. It is a
procedure not prohibited by the RPC.
a. Buy bust operation
b. It is a form of entrapment
c. All of the above
134. Mayor Sanchez was arrested 46 days after the commission
of the alleged rape of Sarmenta and the killing of Gomez and Sarmenta. He
was arrested without warrant of arrest. Was the arrest legal?
a. It is illegal because this is not arrest in flagrante delicto; c. It is not
in hot pursuit
b. Mayor Sanchez is not an escaped prisoner; d. All of the
above
135. X threw a bag from a truck and marijuana leaves spilled
out of the bag. He was arrested and searched without warrant. Was the
search valid?
a. It is legal; d. A only
b. There was no search conducted; e. C only
c. It is a plain view doctrine search; f. All of the above
136. Persons protected by the provisions against unreasonable
search and seizure.
a. Citizens of the Philippines only within the jurisdiction of the Philippines
b. To all persons whether citizens or aliens within the jurisdiction of the
State
c. To all persons accused of acts and omissions punishable under the
Revised Penal Code
d. All of them
137. A search warrant and seizure of personal property,
ownership over it is...
a. Not necessary as possession and control is required c. Indispensable
b. Necessary d. B & C only
138. It simply means that sufficient facts must be presented to
the judge or magistrate issuing the warrant, to convince him, not that the
particular person has committed the crime, but that there is a cause for
believing that the person whose arrest is sought might have committed the
crime charged and that the object sought to be seized is in the place to be
searched.
a. Order for search warrant and seizure c. Writ of execution
b. Probable cause d. Writ of confiscation
139. Of the four requisites for issuing search warrant, one of the
following is not included..
a. The warrant issued must particularly described the person who
committed the crime
b. It must be issued upon probable cause;
c. The probable cause must be determined by the judge himself and not by
the applicant or any other person;
d. In the determination of probable cause the judge must examine under
oath affirmation, the complainant and such witness as the latter may
produce;
e. The warrant issued must particularly describe the place to be searched
and the things to be seized;
f. The probable cause must be in connection with one offense only

140. Are outlawed because they place the sanctity of the

domicile and the privacy of communication and correspondence at the
mercy of the whims, caprice or passion of peace officers.
a. Unreasonable search and seizure c. Illegally seized documents
b. General search warrant d. All of them
141. The warrant must direct that it be served in the daytime,
unless...
a. The affidavit asserts that the property is on the person or in the place
ordered to be searched, in which case a direction may be inserted that it be
served at any time of the day or night.
b. The affidavit asserts that the property to be searched is worth an amount
within the jurisdiction of the Regional Trial Court
c. The place to be searched is the subject of embezzlement
d. All of them
142. And where the affidavit is insufficient and the warrant
issued on the strength of such sworn statement is illegal, the search...
a. Can also be effected at night
b. Cannot be effected at night
c. Is really a mere continuation of the search begun the previous day
d. None of them
143. Under Section 9 of Rule 126, a search warrant shall be
valid for how many days?
a. 15 days from its date c. 10 days after its date
b. 10 days from its date d. 15 days after its date
144. To whom does the officer seizing property under warrant
must give a detailed receipt for the same?
a. To lawful occupant of the premises in whose presence the search and
seizure were made
b. In the absence of such occupant and the search was made in the presence
of at least two witnesses of sufficient age and discretion residing in the same
locality, leave a receipt in the place in which he found the seized property
c. To the judge who issued it
d. A & B only
e. C only
145. Refers to a territorial unit where the power of the court is
to be exercised.
a. Venue c. Jurisprudence
b. Jurisdiction d. Trial Courts
146. Order of trial is:
a. Prosecution, rebuttal, defense, submission for decision
b. Defense, prosecution, rebuttal, submission for decision
c. Prosecution, defense, rebuttal, submission for decision
d. Defense, rebuttal, prosecution, submission of the case for decision
147. The procedure in the examination of witnesses is:
a. Direct, cross, re-direct, re-cross examination
b. Direct, re-direct, cross, re-cross examination
c. Cross, direct, re-direct, re-cross examination
d. Cross, direct, re-cross, re-direct examination
148. This system of criminal procedure is characterized by
secrecy of investigation and it is the option of the defense and prosecution to
appeal.
a. Fixed c. Inquisitorial
b. Mixed d. Accusatorial
149. In the Philippines, the system of criminal procedure is:
a. Fixed c. Inquisitorial
b. Mixed d. Accusatorial
150. In criminal cases, what determines the jurisdiction in
criminal cases?
a. Subject matter c. Person accused
b. Territory d. Extent of the penalty
151. Prescription of the crime commence to run:
a. Upon re-appearance of the accused;
b. Upon escape of the accused;
c. Upon discovery of the crime by the offended party, the authorities or
their agents;
d. Upon filing of the complaint or information
152. The duty of the party to present evidence to establish his
claim is referred to as:
a. Burden of proof c. Bill of particulars
b. Burden of evidence d. Presentation of evidence
153. Which among the following is not covered by the rules on
summary procedures?
a. Violation of traffic laws
b. Violation of rental laws
c. Where the penalty does not exceed 6 months imprisonment
d. Where the penalty exceeds six months imprisonment

154. Validity of the warrant of arrest expires:

a. After 10 days c. After 365 days
b. After 30 days d. No fixed duration
155. Lifetime of a search warrant:
a. 10 days c. 45 days
b. 30 days d. 60 days
156. In criminal cases, the People of the Philippines is the:
a. Plaintiff c. Offended party
b. Complainant d. Aggrieved party
157. In civil cases, the person charged is referred to as:
a. Accused c. Defendant
b. Suspect d. Respondent
158. In administrative cases the person charged is:
a. Accused c. Defendant
b. Suspect d. Respondent
159. The part of trial wherein the civil aspect of the case may be
amicably settled:
a. Plea bargaining c. Preliminary Investigation
b. Hearing d. Pre-trial
160. Referred to as the court of first instance:
a. Metropolitan Trial Court c. Court of Appeals
b. Regional Trial Court d. Supreme Court
161. Taking of a person into custody in order that he may be
bound to answer for the commission of an offense.
a. Detention c. Arrest
b. Restraint d. Seizure
162. A person designated by the court to assist destitute
litigants.
a. Counsel c. Attorney on record
b. Attorney at law d. Counsel de officio
163. It refers to the answer given by the accused to a charge or
indictment.
a. Reply c. Plea
b. Motion d. Confession
164. Generally, after a plea of not guilty is entered, how many
days is given by law for the accused to prepare for his trial.
a. 15 days c. 4 days
b. 3 days d. 5 day
165. Refers to the adjudication by the court that the accused is
guilty or not guilty of the offense charged, and the imposition of proper
penalty and civil liability provided for by law on the accused.
a. Conviction c. Acquittal
b. Judgment d. Conclusion
166. Arraignment is the stage in a criminal prosecution which
consists of:
a. Reading to the accused in open court of the information charging him for
an offense
b. Delivering to the accused a copy of the information
c. Asking him whether the accused pleads guilty or not guilty as charged
d. A only
e. B only
f. All of the above
167. This is a plea of guilty made by the accused subject to a
condition.
a. Unconditional plea of guilty c. Reverted plea
b. Conditional plea d. Improvident plea
168. This is a plea of guilty without any condition or
reservation.
a. Improvident plea c. Conditional plea
b. Indirect plea d. Unconditional plea
169. This is the refusal of the accused to make a plea, whether
guilty or not guilty; hence, the court shall enter a plea of not guilty for him.
a. Negative indirect plea c. Improvident plea
b. Conditional plea d. Reverted plea
170. If the accused enters a plea of guilty but presents
exculpatory evidence like self-defense is:
a. Unconditional plea c. Reverted plea
b. Conditional plea d. Improvident plea
171. This is the kind of plea of guilty of the accused but which
he did not intent to enter as he was just induced or forced to enter. It is a plea
which may be withdrawn before the judgment of conviction becomes final
and to be substituted with a plea of not guilty.
a. Conditional plea c. Reverted plea
b. Negative indirect plea d. Improvident plea

172. It is the reading of the complaint or information to the

accused in the language or dialect known to him, and asking him whether he
pleads guilty or not.
a. Plea c. Arraignment & plea
b. Arraignment d. None of the above
173. It is the answer of the accused whether guilty of not guilty
in an arraignment for a criminal charge.
a. Arraignment c. Defense
b. Plea d. All of the above
174. The presence of the offended party shall be required during
the arraignment for the purpose of:
a. Plea bargaining c. B only
b. Determination of civil liability d. All of the above
175. Under the Rule, there are things enjoined upon the trial
court when a plea of guilty to a capital offense is entered by the accused:
a. The court must conduct searching inquiry into the voluntariness of the
plea;
b. The prosecution to present evidence to prove the guilt of the accused;
c. The court must ask the accused if he desires to present evidence in his
behalf;
d. A only
e. B only
f. All of the above
176. There is no arraignment in absentia. However, trial in
absentia is allowed if:
a. The accused has been arraigned;
b. The accused has been notified of the trial;
c. His failure to appear is not justified;
d. All of the above
177. The authority of the court to take cognizance of a case in
the first instance is known as:
a. Original jurisdiction c. Appellate jurisdiction
b. General jurisdiction d. Delegated jurisdiction
178. The place of trial for a criminal action is called:
a. Territory c. Venue
b. Jurisdiction d. Motion
179. The law expanding the jurisdiction of the Metropolitan
Trial Court, Municipal Trial Courts and Municipal Circuit Trial Court is
known as:
b. RA 7659 c. PD 1612
c. PD 1866 d. RA 7691

180. Under the expanded jurisdiction of the Metropolitan Trial

Court, it shall exercise exclusive original jurisdiction over the offenses
punishable with imprisonment.
d. Not exceeding 4 years and 2 months c. Not exceeding
six years;
e. Not exceeding 2 yrs d. Not exceeding six
months;
181. The Judiciary Reorganization Act is otherwise known
as:
b. PD 1612 c. RA 7695
c. BP 186 d. BP 129
182. In Metropolitan Trial Court, the complaints is filed with
the:
d. Office of the President c. Office of Clerk of Court
e. Office of the Prosecutor d. Office of the Ombudsman

183. Criminal cases where the penalty prescribed by law for

the offense charged does not six months falls under the rule on:
b. Regular procedure c. Summary procedure
c. Criminal procedure d. Civil Procedure
184. In general, the formal requisites of a complaint or
information are the following, except:
d. It must be in writing
e. It must be in the name of the People of the Philippines
f. It must be filed with the Prosecutor’s Office
g. It must be filed in court
185. The following are the requisites of an information except:
b. The fiscal
c. The offended party
d. Any public officer charged with the enforcement of the law
violated
e. The offense committed

186. The following are the requisites of an information except:

a. It must be filed by the offended party
b. It must charged a person with an offense
c. It must be subscribed by the prosecutor
d. It must be in writing
187. The offended spouse should be the one to file the
complaint in the crime of:
b. Bigamy c. Adultery and concubinage
c. Rape d. Unjust vexation
188. The following offense shall not be prosecuted except upon
a complaint filed by the offended party, or her parents, grandparents, or
guardian:
b. Rape c. Seduction and abduction
c. Bigamy and simulation of birth d. Adultery and concubinage
189. The right of the State to initiate criminal actions in behalf
of incapacitated individuals with no known parent, grandparent or guardian
is known as:
b. Doctrine of parents patria c. Doctrine of non-suability
c. Police power d. Habeas corpus
190. A certain husband dies before he could institute the
criminal action for adultery against his wife and the paramour. The case
may:
b. No longer be prosecuted c. Be prosecuted by the
husband’s parents
c. Still be prosecuted d. Be prosecuted by the State
191. The complaint or information should state the following
except:
b. Name of the offended party c. Name of the
court
c. The designation of the offense by the statute d. Name of
the accused
192. Intervention of the offended party in the criminal action is
not allowed in the following instances except:
b. When he has waived the civil action
c. When he has expressly reserved the right to institute the civil
action separately
d. When he has filed the civil action ahead of the criminal action
e. When he has not waived the civil action
193. The following may conduct preliminary investigation:
b. Provincial or city prosecutors c. National and Regional state
prosecutors
c. Judges of the lower courts d. All of the above
193. When an information is filed, the Regional Trial Court:
a. Cannot issue a warrant of arrest c. Can conduct the preliminary
investigation
b. Can issue a warrant of arrest d. Cannot conduct the
preliminary investigation
194. The following are the requisites for the issuance of a
search warrant except:
a. It must be issued upon probable cause;
b. The probable cause must be personally determined by the judge;
c. After examination under oath of the complainant and his
witnesses;
d. Particularly describing the place to be searched;
e. Particularly describing the person to be seized
195. With regard to issuance of warrant of arrest, prosecutors
are:
a. Authorized to issue warrants
b. Not authorized to issue warrant of arrest
c. Authorized to conduct examination of the complaint
d. Not authorized to examine the witnesses
196. The modes of making arrest are:
a. By an actual restraint of the person to be arrested;
b. By his submission to the custody of the person making the arrest;
c. By using unreasonable force;
d. A & B only
197. The officer to whom the warrant of arrest was assigned for
execution shall make a report to the judge who issued the warrant within:
a. 10 days from the expiration of the period of execution
b. 5 days from the expiration of the period of execution
c. Both A & B
d. None of the above
198. Arrest may be made:
a. Any day c. At any time of the day or night
b. At any time of the night d. None of the above

199. Bail is:

a. A matter of right in capital offenses
b. A matter of discretion when the evidence of guilt is strong
c. A matter of discretion in capital offenses when the evidence of
guilt is not strong
d. A matter of right when the evidence of guilt is strong

200. Capital offense is:

a. An offense which under the law existing at the time of its
commission and at the time of the application to be admitted to bail may be
punished with death
b. An offense which is punishable by correctional penalties
c. An offense which is non bail able
d. None of the above
201. At the hearing of an application for admission to bail, the
___ has the burden of showing that the evidence of guilt is strong.
a. Defense c. Court
b. Prosecution d. Bailiff
202. An undertaking that is constituted as lien on the real
property given as security for the amount of the bail is called:
a. Surety bond c. Bail bond
b. Cash bond d. Property bond
203. Bail bond is cancelled in the following instances, except:
a. Surrender of the accused d. Dismissal of the case
b. Acquittal of the accused e. Execution of the final
judgment of conviction
c. Death of the prosecutor
204. 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 excuse/waive arraignment
d. The accused may be arraigned in a court other than where the case
is assigned
205. Before arraignment, if the crime charged is vague to the
accused he may move for a:
a. Motion to dismiss c. Bill of particulars
b. Motion to quash d. Bill of lading
206. The existence of a valid prejudicial question may cause the
suspension of the:
a. Trial c. Arraignment
b. Preliminary d. Judgment
207. The accused may move to quash the complaint or
information at any time:
a. Before he enters his plea c. Before he moves to dismiss
the case
b. After he enters his plea d. Before judgment
208. The following grounds are not considered waived even if
the accused fails to move to quash the compliant or information, except:
a. Lack of jurisdiction of the offense;
b. Extinction of the offense charged;
c. The information fails to charge an offense;
d. The officer who filed the complaint lacks authority to do so;
e. All of the above
209. The following matters are considered during the pre-trial,
except:
a. Plea bargaining d. Marking of evidence
b. Stipulation of facts e. Filing a motion for
extension
c. Waiver of objections f. All of the above
210. When an accused is discharged as a state witness, this is
equivalent to:
a. Conviction c. Reprieve
b. Acquittal d. Commutation
211. The court may dismiss the case on the ground of insufficiency of
evidence:
a. On its own initiative after giving the prosecution an opportunity to
be heard;
b. On motion of the accused filed with prior leave of court;
c. On motion of the counsel;
d. A & B only
212. A judgment becomes final after ___ days when no appeal
has been taken:
a. 10 days c. 15 days
b. 30 days d. 45 days
213. A new trial is granted:
a. After the judgment of conviction becomes final
b. Before the judgment of conviction becomes final
c. After appeal has been taken
d. After entry of judgment