Is the taking of a person into custody in order that he may be bound to answer for

the commission of an offense.

A) actual restraint
B) arrest
C) arrest warrant
D) search warrant
ANSWER: B

An arrest is made by a person to be arrested, or by his submission to the custody

of the person making the arrest.
A) actual restraint
B) arrest
C) arrest warrant
D) search warrant
ANSWER: A

No violence or unnecessary force shall be used in making an arrest.

A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

The person arrested shall be subject to a greater restraint than is necessary for
his detention.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: B

It shall be the duty of the officer executing the warrant to arrest the accused and
deliver him to the nearest police station or jail without unnecessary delay.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

The head of the office to whom the warrant of arrest was delivered for execution
shall cause the warrant to be executed within
A) five (5) days from its receipt
B)eight (8) days from its receipt
C) ten (10) days from its receipt
D) zero (0) days from its receipt
ANSWER: C

Within ten (10) days after the expiration of the period, the officer to whom it was
assigned for execution shall make a report to the judge who issued the warrant.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

In case of his failure to execute the warrant, he shall state the reason therefore.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

A peace officer or a private person may, without a warrant, arrest a person:

A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

When, in his presence, the person to be arrested has committed, is actually not
committing, or is attempting to commit an offense
A) True
B) False
C) Partially True
D) Partially False
ANSWER: B

When an offense has just been committed and he has no probable cause to believe
based on personal knowledge of facts or circumstances that the person to be
arrested has committed it
A) True
B) False
C) Partially True
D) Partially False
ANSWER: B

When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily
confined while his case is pending, or has escaped while being transferred from one
confinement to another.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: B

An arrest may be made on any day and at any time of the day or night.
A) and at any time of the day or night.
B) at any time of the day
C) night.
D) day
ANSWER: A

An officer making a lawful arrest may orally summon as many persons as he deems
necessary to assist him in effecting the arrest.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

Whenever an officer has entered the building or enclosure in accordance with the
preceding section, he may not break out therefrom when necessary to liberate
himself.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: B

If a person lawfully arrested escapes or is rescued, any person may immediately

pursue or retake him without a warrant at any time and in any place within the
Philippines.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

A search warrant 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) actual restraint
B) arrest
C) arrest warrant
D) search warrant
ANSWER: D

Court where application for search warrant shall be filed.

A)Any court within whose territorial jurisdiction a crime was committed.
B)Katarungan Pambarangay
C)Supreme
D)None of the above
ANSWER: A

Personal property to be seized.

A) Any court within whose territorial jurisdiction a crime was committed.
B) Katarungan Pambarangay
C) Supreme
D) None of the above
ANSWER: D

The judge must, before issuing the warrant, personally examine in the form of
searching questions and answers.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

No search of a house, room, or any other premise shall be made except in the
presence of the lawful occupant thereof or any member of his family or in the
absence of the latter, two witnesses of sufficient age and discretion residing in
the same locality.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

A search warrant shall be valid for eleven (11) days from its date. Thereafter it
shall be void.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: B
The officer must forthwith deliver the property seized to the judge who issued the
warrant, together with a true inventory thereof duly verified under oath.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

A person lawfully arrested may be searched for dangerous weapons or anything which
may have been used.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

A motion to quash a search warrant and/or to suppress evidence obtained thereby may
be filed in and acted upon only by the court where the action has been instituted.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

Under the plain view doctrine, objects falling in the plain view of an officer who
has a right to be in the position to have that view are subject to seizure and may
be presented as evidence.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

A “stop and frisk” situation, also known as

A) actual restraint
B) terry search
C) bench warrant
D) search warrant
ANSWER: B

Is direct acknowledgement of guilt arising from the commission of a crime.

A) Confession
B) Admission
C) Judicial Confession
D) Extra Judicial confession
ANSWER: A

Those made by the suspect during custodial investigation.

A) Confession
B) Admission
C) Judicial Confession
D) Extra Judicial confession
ANSWER: D

Those made by the accused in open court. The plea of guilt may be during
arraignment or in any stage of the proceedings where the accused charges his plea
of not guilty to guilty.
A) Confession
B) Admission
C) Judicial Confession
D) Extra Judicial confession
ANSWER: C

Is a self-incriminatory statement by the subject falling short of an

acknowledgement of guilt.
A) Confession
B) Admission
C) Judicial Confession
D) Extra Judicial confession
ANSWER: B

Any person arrested detained or under custodial investigation shall at all times be
assisted by counsel.
A) Confession
B) Admission
C) Judicial Confession
D) Extra Judicial confession
ANSWER: A

Any person arrested detained or under custodial investigation shall at all times be
assisted by counsel.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

Any public officer or employee, or anyone acting under his order or his place, who
arrests, detains or investigates any person for the commission of an offense shall
inform the latter, in a language known to and understood by him
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

Rights to remain silent and to have competent and independent counsel, preferably
of his own choice
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

Who shall at all times be allowed to confer privately with the person arrested,
detained or under custodial investigation.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

If such person cannot afford the services of his own counsel, he must be provided
with a competent and independent counsel by the investigating officer.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

The custodial investigation report shall be reduced to writing by the investigating

officer, provided that before such report is signed, or thumbmarked if the person
arrested or detained does not know how to read and write
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

It shall be read and adequately explained to him by his counsel or by the assisting
counsel provided by the investigating officer in the language or dialect known to
such arrested or detained person
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

Custodial investigation shall not include the practice of issuing

an "invitation" to a person who is investigated in connection with an offense he is
suspected to have committed
A) True
B) False
C) Partially True
D) Partially False
ANSWER: B

The person's "immediate family" shall not include his or her spouse, fiance or
fiancee, parent or child, brother or sister, grandparent or grandchild, uncle or
aunt, nephew or niece, and guardian or ward.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: B

Assisting counsel is any lawyer, except those directly affected by the case, those
charged with conducting preliminary investigation or those charged with the
prosecution of crimes.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

This case which entitled Miranda vs Arizona, is a US Supreme Court Jurisprudence

which laid down the constitutional rights of the accused during custodial
investigation.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

No violence or unnecessary force shall be used in making an arrest. The person

arrested shall not be subject to a greater restraint than is necessary for his
detention.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

Every person so summoned by an officer shall not assist him in effecting the arrest
when he can render such assistance without detriment to himself.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

The return on the search warrant shall be filed and kept by the custodian of the
log book on search warrants who shall enter therein the date of the return, the
result, and other actions of the judge.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

If no criminal action has been instituted, the motion may not be filed in and
resolved by the court that issued the search warrant.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: B

Nevertheless, a search substantially contemporaneous with an arrest can precede the

arrest if the police have probable cause to make the arrest at the outset of the
search.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

The rules governing search of a moving vehicle have over the years been steadily
liberalized whenever a moving vehicle is the object of the search on the basis of
practicality.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A

This is so considering that before a warrant can be obtained, the place, things and
persons to be searched must be described to the satisfaction of the issuing judge.
A) True
B) False
C) Partially True
D) Partially False
ANSWER: A