1. What is the duration of Arresto mayor as a penalty?

a. One day to thirty days

b. As the court may determine
c. Six months and one day to six years
d. One month and one day to six years
2. If the convict has no property with which to meet the fine of his pecuniary liabilities, he shall be
subject to__.
a. Accessory penalty
b. Preventive imprisonment
c. Subsidiary penalty
d. Afflictive penalty
3. One by which a party sues another for the enforcement or protection of a right or the
prevention or redress of a wrong. What is being defined?
a. Civil action
b. Criminal action
c. Special proceedings
d. Remedial action
4. It is the method prescribed by law for the apprehension and persecutions of persons accused of
any criminal offense, and their punishment, in case of conviction.
a. Criminal law
b. Criminal procedures
c. Criminal evidences
d. Remedial law
5. It is a process directed to a person requiring him to attend and testify at the hearing or trial or
the trial of an action or at any investigation conducted by competent authority or the taking of
his deposition.
a. Summons
b. Subpoena
c. Court order
d. Warrant
6. It is an accusation in writing charging a person with an offense, subscribed by the prosecutor and
filed with the court.
a. Information
b. Mittimus
c. Court order
d. Complaint
7. __ is one by which the state prosecutes a person for an act or omission punishable by law.
a. Civil action
b. Remedial action
c. Criminal action
d. Power of the state
8. It is concerned with the procedural steps through which a criminal case passes, commencing
with the initial investigation of a crime and concluding with the unconditional release of the
offender. What is being defined?
a. Criminal procedure
b. Criminal evidence
c. Criminal law
d. Remedial law
9. It is a writ addressed to the defendant, directing him to answer within the time prescribed by the
rules the complaint filed against him by plaintiff, with a notice that unless he so answers, plaintiff
will take judgement by default and maybe granted the relief applied for.
a. Court order
b. Summons
c. Subpoena
d. Warrant
10. __ are remedies by which a party seeks to establish a status, a right, or a particular fact.
a. Criminal action
b. Special proceedings
c. Administrative case
d. None of the above
11. It is a generic term used to describe the network of laws and rules which govern the procedural
administration of criminal justice.
a. Criminal law
b. Criminal evidence
c. Criminal procedure
d. Remedial law
12. What is called the authority to hear and decide a particular offense and impose punishment for
it?
a. Criminal evidence
b. Criminal jurisdiction
c. Power of the court
d. Juridical power
13. The facts alleged in the complaint and the laws in force at the time of the commencement of the
action determine the jurisdiction of court. This statement is -
a. Correct, as it is a general rule
b. Incorrect, as not one among the rules
c. It depends on the judge to consider
d. It depends on the law existing at the time of application
14. It is the process of resolving a dispute or a grievance outside of the court by presenting it to a
third party or a panel decision.
a. Mediation
b. Arbitration
c. Amicable settlement
d. Negotiation
15. In katarungang pambarangay proceedings, may the parties appear with the appear with the
assistance of their counsel?
a. Yes, because of their right to have counsel
b. No, appearance of a lawyer in all patarungang pambarangay proceedings is prohibited
c. Yes, at the prerogative of each party
d. No, unless the lupon chairman allows it
16. It is sworn written statement charging a person with an offense, subscribed by the offended
party, any peace officer, or other public officer charge with the enforcement of the law violated.
a. Subpoena
b. Warrant
c. Complaint
d. Summons
17. Under the rules, all criminal actions commenced by a complaint or information shall be
prosecuted under the direction and control of the ___.
a. Judge
b. Policeman
c. Prosecutor
d. Lupon chairman
18. As an exception to this rule, in Municipal Trial Courts or Municipal Circuit Trial Courts when the
prosecutor assigned thereto or to the case is not available, the following can prosecute the case,
except –
a. The MTC job
b. The offended party
c. Any peace officers
d. Public officer charged with enforcement of the law violated
19. In the crimes of adultery and concubinage, it shall not be prosecuted except upon a complaint
filed by-
a. The offended spouse
b. Parents of offended spouse
c. Guardian of offended party
d. Grandparents of offended parents
20. For a complaint or information to be sufficient, it must state the following except –
a. The name of the accused
b. The designation of the offense
c. The acts or omissions complained of
d. The age of the offended party
21. When an offense is committed by more than one person, all of them shall be included in the
complaint or information. This statement is –
a. Correct
b. Not necessary, under the rules
c. Incorrect
d. Doubtful
22. The rule provides that the complaint or information must state the name and surname of the
accused or any appellation or nickname by which he has been or is known. What if his name
cannot be ascertained? The rule says -
a. Leave the name blank to be supplied later on
b. The name “juan de la cruz” should be used
c. He must be described under a fictitious name with a statement that his true name is
unknown
d. The name “john doe” should be entered
23. The rule provides that the complaint or information shall state the designation of the offense
given by the statute, aver the acts or omissions constituting the offense, and specify its
qualifying and aggravating circumstances. If there is no designation of the offense, then –
a. Reference shall be made to the section or subsection of the statue punishing it
b. Reference shall be based on the provisions of the Revised Penal Code
c. Reference shall be made on the basis of special laws
d. Reference shall be made in accordance with the civil code
24. The acts or omissions complained of as constituting the offense and the qualifying and
aggravating circumstances must be stated in ordinary and
a. Shall be translated to tagalong or Ilocano dialect
 b. Concise language
c. Not necessarily in the language used in the statue
d. As long as the person know what offense is being charged
25. The complaint or information is sufficient if it can be understood from its allegations that the
offense was committed or some of its essential ingredients occurred at some place within –
a. The locality
b. The reach of coverage area
c. The jurisdiction of the court
d. The identification of the person
26. 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 the offense maybe alleged to have been committed on a date as near as possible to
the actual date of its commission
c. Both A and B are correct
d. When date is clearly known
27. Where an offense is committed in a train, aircraft, or other public or private vehicle in the
course of its trip, the criminal action shall be instituted –
a. At the nearest RTC where such train, aircraft, or other vehicle passed during its trip.
b. At the nearest MTC where such train, aircraft, or other vehicle passed during its trip.
c. Under the prerogative of the prosecutor
d. In the court of any municipality or territory where such train, aircraft, or other vehicle
passed during its trip, including the place of its departure and arrival.
28. A complaint or information is sufficient in substance if it doesn’t contain any of the defects which
is a ground for a motion to quash. A motion to quash, once granted, is equivalent to dismissal,
but not acquittal. This statement is –
a. Correct
b. Incorrect
c. Sometimes correct
d. Sometimes incorrect
29. If acquittal is based on the merits of the case, dismissal is based on __.
a. Crime committed
b. Technicality
c. Judge’s prerogative
d. Lack of evidence
30. 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. Prejudicial question
b. Double jeopardy
c. Preliminary investigation
d. Probe
31. 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 –
a. Capital punishment
b. Life imprisonment
c. At least four (4) years, two (2) months and one (1) day without regard to the fine
d. Prison mayor to reclusion Perpetua
32. Which among the following is not authorized to conduct preliminary investigation?
a. National and Regional State Prosecutors
b. Provincial or City Prosecutors
c. Judges of lower courts
d. City Assistant Prosecutors
33. Within how many days after the filing of the complaint, the investigating officer either dismiss or
issue a subpoena to the respondent?
a. 10 days, according to the procedures
b. 15 days, according to the rules
c. 20 days, according to the judge
d. At any time, according to the prosecutor
34. Within how many days from receipt of the subpoena with the complaint and supporting
affidavits and documents, the respondent should submit his counter-affidavit and that of his
witnesses and other supporting documents relied upon for his defense?
a. 10 days, according to the procedures
b. 15 days, according to the rules
c. 20 days according to the judges
d. At any time, according to the prosecutor
35. Within how many days after the investigation, the investigating officer should determine
whether or not there is sufficient ground to hold the respondent for trial?
a. 10 days, according to the procedures
b. 15 days, according to the rules
c. 20 days, according to the judges
d. At any time, according to the prosecutor
36. An arrest is made by an actual restraint of a person to be arrested, or by –
a. Recognizance
b. Way of probation
c. His submission to the custody of the person making the arrest
d. Voluntary detention
37. The duty of the officer executing the warrant to arrest the accused is to –
a. Detain the arrested person within the time prescribed by law
b. Deliver him to the nearest police station or jail without unnecessary delay
c. Conduct preliminary investigation
d. Lock up the person to the detention cell for safekeeping
38. Are there how many Justices of the Supreme Court of the Philippines?
a. 13 Justices excluding the Chief Justice
b. 15 Justices including the Chief Justice
c. 16 Justices including the Chief Justice
d. 12 Justices excluding the Chief Justice
39. The heads of the office to whom the warrant of arrest was delivered for execution shall cause
the warrant to be executed within ten (10) days from its receipt. Within ten (10) days after the
expiration of the period, the officer to whom it was assigned for execution should –
a. Make a follow up investigation on the progress of the execution of the warrant
b. Make a report to the judge who issued the warrant
c. Execute the warrant by himself
d. Apply to the court for another warrant
40. When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgement or is temporarily confined while his case is pending, or
 has escaped while being transferred from one confinement to another, there is no need for a
warrant of arrest. This statement is –
a. Correct
b. Incorrect
c. Sometimes correct
d. Sometimes incorrect
41. It is now a settled rule that the time of making arrest can be made during thew day and at any
time of the day only. This statement is –
a. True
b. False
c. It depends upon the judge
d. It depends upon the arresting officer
42. When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested
of the cause of the arrest and the fact that a warrant has been issued for his arrest, except –
a. When he flees or forcibly resists before the officer has opportunity to so inform him
b. When the giving of such information will imperil the arrest
c. Both A and B are correct
d. Voluntary surrender
43. An officer, in order to make an arrest either by virtue or a warrant, or without a warrant, may
break into any building of enclosure where the person to be arrested is or is reasonably believed
to be, if he is refused admittance thereto, after announcing his authority and purpose. Is this
allowed?
a. No, it is a violation of domicile
b. No, it is trespass to dwelling
c. Yes, it is in accordance with the rules
d. Yes, according to the judge
44. If a person lawfully arrested escaped or is rescued, any person may immediately pursue or retake
him without a warrant at any time and in any place within the Philippines. This statement is –
a. Correct, in accordance with the rules
b. Incorrect, it is baseless
c. Sometimes correct, when the person is unidentified
d. Sometimes incorrect, unless with a valid research warrant
45. A restrain on person depriving one of his own will and liberty, binding him to become obedient
to the will of the law, what is being defined?
a. Custody
b. Arrest
c. Search
d. Seizure
46. What is the literally meaning of the Latin phrase “in flagrante delicto”?
a. “Caught in the act of wrong”
b. “Hot pursuit of a person”
c. “Delicate flower fragrance”
d. “In the name of people”
47. Your purpose of search and seizure, the officer can break into any building or enclosure without
violating the right of privacy. Is this allowed?
a. No, never allowed
b. Yes, when there is consent and there is a warrant
c. No, this is allowed only in making an arrest not search
 d. It all depends in the officer thru police discretion
48. It is the security given for the release of a person in custody of law, furnished by him or a
bondsman, to guarantee his appearance before any court as required under the conditions
hereinafter specified.
a. Recognizance
b. Probation
c. Republic Act 5487
d. B
49. The failure of the accused to appear at the trail without justification and despite due notice shall
be deemed a waiver of his right to be present theat. In such case, should the trial proceed?
a. Yes, the trial may proceed in absentia
b. No, because of the absence of the accused
c. No, anyway there is always bail as security
d. Yes, upon the order of the high court
50. When an accused is represented by a fake lawyer who pretended to be a member of the bar, hes
right to counsel is violated unless –
a. The fake lawyer is a person of probity
b. The accused voluntarily chose him knowing him to be a non-lawyer
c. The court allows it
d. The public attorney’s office is informed
51. On arraignment, the accused must be arraigned before
a. The prosecutor who conducted preliminary investigation
b. The Regional Trial Court
c. The court where the complaint or information was filed or assigned for trial
d. The Supreme Court
52. It is an order in writing, issued in the name of the people of the Philippines, signed by a judge
and directed to a peace officer, commanding him to search for personal property described
therein and bring it before the court.
a. Warrant of Arrest
b. Search Warrant
c. Bench Warrant
d. Court Order
53. Before arraignment, the court shall inform the accused of his right to counsel and ask him if he
desires to have one. Unless the accused is allowed to depend himself in person or has employed
counsel of his choice –
a. The court shall suspend the trial until the accused picked his lawyer
b. The court must assign a counsel de oficio to depend him
c. The proceed with the trial in the absence of a lawyer
d. The court will impose judgement on merits of the case
54. The initial step in a criminal prosecution whereby the defendant is brought before the court to
hear the charges and to enter a plea is called –
a. Pleadings
b. Plea Bargaining
c. Arraignment
d. Preliminary Investigation
55. At what time the accused may move to quash the complaint or information?
a. At any time before entering a plea
b. 10 days before the date of trial
 c. 15 days immediately after plea bargaining
d. 10 days upon receipt of information by the court
56. After a plea of not guilty is entered, the accused shall have ______ to prepare for trial. The trial
shall commence within thirty (30) days from receipt of the pre-trial order.
a. At least 5 days
b. At least 10 days
c. At least 15 days
d. At least 20 days
57. Among the following, which shall be the first in the order of trial?
a. The defense counsel will preside in the case
b. The accused should be presented on the witness stand
c. The prosecutor will present evidence to prove the charge and, in the proper case, the civil
liability
d. The judge will recite the “Panunumpa sa watawat”
58. The judgement is promulgated by reading it in the presence of the accused and any judge of the
court in which it was rendered. However, when the judge is absent or outside the province or
city, the judgement may be promulgated by –
a. The clerk of court
b. Secretary of justice
c. Any justice of the supreme court
d. Any judge in the RTC or MTC within the immediate locality
59. At any time before a judgement of conviction becomes final, the court may, on motion of the
accused or at its own instance but with the consent of the accused, grant new trial or
reconsideration. This statement is –
a. Incorrect, it should be within five (5) days after judgement
b. Correct, as stated in the rules
c. Correct, as long as on the motion of the accused
d. Incorrect, motion for reconsideration should be denied
60. An appeal must be taken within ___ from the promulgation of the judgement or from notice of
the final order appealed from.
a. 15 days
b. 30 days
c. 20 days
d. 10 days
61. The Court of Appeals of the Philippines is the second highest court next to Supreme Court. It is
composed of ___.
a. 69 Justices including the Presiding Justice
b. 58 Justices including the Presiding Justice
c. 28 Justices including the Presiding Justice
d. 16 Justices including the Presiding Justice
62. A search warrant shall not issue except upon ___ in connection with one specific offense to be
determined personally by the judge after examination under oath or affirmation of the
complaint and the witnesses he may produce.
a. Existence of probable cause
b. Conduct of Preliminary Investigation
c. Availability of witnesses
d. In writing
63. A search warrant shall be valid for ___ from its date. Thereafter, it shall be void
 a. 15 days
b. 10 days
c. 20 days
d. Until it is served
64. Can a person lawfully arrested be search for dangerous weapon or anything which may have
been used for constitute proof in the commission of an offense without a search warrant?
a. Yes, it is allowed by the rules
b. No, it must be with search warrant
c. It depends upon the order of the court
d. It is a prerogative of the peace officer
65. Every person is entitled to be presumed innocent of a crime or wrong, unless proven otherwise.
This is a prima facie presumption which must be overcome by proof beyond reasonable doubt.
This statement is –
a. Absolutely true
b. Absolutely false
c. Without legal basis
d. Out of context in the Philippines
66. It is the means, sanctioned by the Revised Rules of Court, of ascertaining to a judicial proceeding
the truth respecting a matter of fact.
a. Motive
b. fact
c. Evidence
d. Proof of crimes
67. Evidence is ___ when it has a tendency in reason to establish the probability or improbability if a
fact in issue.
a. Accurate
b. Relevant
c. Competent
d. Complete
68. Direct evidence proves the fact in dispute without the aid of any inference or presumption while
___ is the proof of a fact or facts from which, taken either singly or collectively, the existence of
the particular fact in dispute may be inferred as a necessary of probable consequences.
a. Indirect evidence
b. Circumstantial evidence
c. Proof beyond reasonable doubt
d. Preponderance of evidence
69. The evidence is considered positive when the witness affirms that a fact did or did not occur, and
___ when the witness states he did not see or know of the occurrence of a fact.
a. Hearsay
b. Negative
c. Neutral
d. Active
70. What kind of evidence is given by one possessing in regard to a particular subject or department
of human activity or knowledge which does not usually acquired by other persons?
a. Expert evidence
b. Special evidence
c. Ordinary evidence
d. Cumulative evidence
71. It is an additional evidence of a different kind and character, tending to prove the same point.
a. Cumulative evidence
b. Corroborative evidence
c. Prima facie evidence
d. Add value evidence
72. Evidence is the means of proof while ___ is the effect of evidence, the establishment of as fact
by evidence. It results as a probative effect of evidence and is the conviction or persuasion of
mind resulting from a consideration of the evidence.
a. Motive
b. Evidence
c. Proof
d. Value
73. In evidence, what is the ultimate fact or the fact to be established?
a. Factum Lactum
b. Factum Probandum
c. Factum Probans
d. Factum Facie
74. When the evidence consists of writings or any material containing letters, words, numbers,
figures, symbols, or other modes of written expression offered as proof of their contents, they
are called –
a. Material evidence
b. Documentary evidence
c. Testimonial evidence
d. Relevant evidence
75. The oral testimony of the witness to the killing as reflected in the stenographic notes is
considered –
a. Material evidence
b. Documentary evidence
c. Testimonial evidence
d. Relevant evidence
76. The recognizance of certain facts which judges may properly take and act on without proof
because they already know them is called –
a. Legal presumption
b. Judicial notice
c. Factum probandum
d. Legal history
77. Generally speaking, matters of judicial notice have three material requisites, except –
a. The matter be common and general knowledge
b. The matter must be well and authoritatively settled and not doubtful or uncertain
c. The matter must be biblically based
d. The matter must be known to be within the limits of jurisdiction of the court
78. When the subject of inquiry is the content of a document, no evidence shall be admissible other
than the original document itself. This is the –
a. Originally rule
b. Best evidence rule
c. Parole evidence rule
d. Questioned document rule
79. When the original of a document is in the custody of a public officer and is recorded in public
office, its contents may be proven by –
a. A xerox copy of the original
b. A notarized copy of the original
c. A certified copy issued by the public office in custody thereof
d. All of these
80. When the term of an argument has been reduced into writing, it is considered as containing all
the terms agreed upon and there can be, between the parties and their successors-in-interests,
no evidence of such other terms or agreements other than the contents of the written
agreement. This is called the –
a. Best evidence rule
b. Parole evidence rule
c. Pardon evidence rule
d. Questioned document rule
81. Can a deaf and dumb person allowed to testify in court?
a. Yes, in any manner satisfactory to the court
b. Yes, by writing or signs through an interpreter
c. No, never allowed by rules
d. Both A and B are correct
82. The husband or the wife, during or after the marriage, cannot be examined without the consent
of the other as to any communication received in confidence by one from the other during the
marriage. This statement is covered under the so called –
a. Marital Privilege Rule
b. Paternity Rule
c. Rule on marriage
d. Rule on Special proceedings
83. Tacio admitted to his lawyer that he killed Badong. After sometime, the lawyer withdrew his
representation of Tacio. Thereafter, the persecution wishes to offer the lawyer’s testimony as to
the admission of Tacio to him. Will the testimony of Tacio be presented as evidence?
a. No, the admission was earned during the existence of the attorney-client relationship
covered under privilege communication
b. Yes, the lawyer’s withdrawal of representation cuts attorney-client relationship
c. It depends upon the prerogative of the court
84. It is a contract whereby the parties, by making reciprocal concessions, avoid litigation or put an
end to one already commenced.
a. Agreement
b. Compromise
c. Special arrangement
d. Treaty
85. The act, declaration or omission of a party as to a relevant fact may be given in evidence against
him is called –
a. Declaration
b. Admission
c. Confession
d. Oral argument
86. A confession made before a court in which the case is pending and in the course of legal
proceedings therein is called –
a. Judicial confession
 b. Extrajudicial confession
c. Intrajudicial confession
d. Paralegal confession
87. A confession is admissible only against the accused who made it and not against his co-accused,
for, s against the latter, the confession would be hearsay and res inter alios acta. This statement
is –
a. Correct as a general rule
b. Incorrect, not allowed by the rules
c. Sometimes correct
d. Sometimes incorrect
88. Hearsay evidence is that which derives its value, not solely from the credit to be given to the
witness upon the stand, but in part from the veracity and competency of some other person. Is
hearsay evidence admissible?
a. Absolutely not admissible
b. No, except in some case like dying declaration
c. Absolutely admissible without exemption
d. All of the above are correct
89. The declaration of a dying person, made under the consciousness of an impending death, maybe
received in any ca se wherein his death is the subject of inquiry, as evidence of the cause and
surrounding circumstances of such death is called –
a. Oral testament
b. Dying declaration
c. Res gestae
d. Deadman’s statute
90. These are spontaneous statements made by a person while a startling occurrence is taking place
or immediately prior or subsequent thereto with respect to the circumstances thereof.
a. Dying declaration
b. Deadman’s statute
c. Res gestae
d. Oral testament
91. Alfie was in his room when he heard overheard Oliver and Arjay talking in the other room. Oliver
telling Arjay that he had got into a fight in a bar and stabbed Remnick thereafter he ran away to
the house of Arjay. The following day, Alfie learned that Remnick died of a stab wound. Can Alfie
testify as the statement made by Oliver to Arjay even though he did not personally see Oliver
stab Remnick?
a. Ni, it is hearsay
b. Yes, it is part of res gestea
c. It depends if the judge admits such testimony
d. No, it is not a dying declaration
92. As a rule, a witness must confine his testimony to matters within his actual knowledge. He
cannot be asked questions calling for his opinion or conclusions upon facts, which are for the
court to make. This is called –
a. Admissibility test
b. Opinion rule
c. Special arrangement
d. Invalid questioning
93. ___ is the duty of a party to present evidence on the facts in issue necessary to establish his
claim or defense by the amount of evidence required by law.
 a. Proof beyond reasonable doubt
b. Burden of proof
c. Burden of evidence
d. Prima facie case
94. ___ is defined as “that logical necessity which rests on a party at any particular time during a
trial to create a prima facie case in his own favor, or to overthrow one when created against him.
a. Burden of proof
b. Burden of evidence
c. Prima facie case
d. Proof reasonable doubt
95. What is a presumption?
a. Knowledge of an event to have been occurred
b. An inference as to the existence of a fact not actually known, arising from its usual
connection with another which is known
c. A chance nor probability of the existence of an event
d. Circumstances surrounding an event
96. Whenever a party has, by his own declaration, act or omission, intentionally and deliberately led
another to believe a particular thing true, and to act upon such belief, he cannot, in any litigation
arising out of such declaration, act or omission, be permitted to falsify it. This called –
a. Presumptive evidence
b. Estoppel in pais
c. Morality
d. Falsehood
97. The examination of witnesses presented in a trial or hearing should be done in –
a. Private with the judge, defense and prosecutor
b. Open court and under oath or affirmation
c. Speedy manner to beat the time frame specified by law
d. None of the above is correct
98. In the order of examination of an individual witness, which one comes first?
a. Direct examination by the proponent
b. Cross-examination by the opponent
c. Re-direct examination by the proponent
d. Re-cross-examination by the opponents
99. If the examination of a witness is made by the party presenting him on the facts relevant to the
issue, it is called –
a. Direct examination
b. Cross examination
c. Re-direct examination
d. Re-cross examination
100. In a criminal case, the accused entitled to an acquittal, unless his guilt is shown beyond
reasonable doubt. What is proof beyond reasonable doubt?
a. That degree of proof which produces a conviction in unprejudiced mind
b. The greater weight of evidence against guilt
c. The greater weight of evidence against innocence
d. The presumption of innocent unless proved otherwise