CRIMINAL PROCEDURE

(Post Test)

Prepared by:
Jaycyril Mai M. Sebastian RCrim.
READY?
1. Arraignment is required in every
trial in compliance with what right
of the accused?
a. To be informed of the nature and
cause of the accusation against him.
b. To be informed of the nature and
cause of crime
c. To have speedy, impartial and public
trial
d. To have equal protection of laws
2. The main bulk of the source of
the Philippine Rules on
Criminal Procedure is the

a. Philippine Constitution
b. Rules of Court
c. Judicial decision of the supreme
court
d. Legislative acts
3. The decision rendered by the
Municipal Trial Court is appealable
in

a. Court of appeals
b. Municipal trial court
c. Supreme court
d. Regional trial court
4. Jurisdiction of Philippine Courts
is conferred by the

a. Agreement of the parties and the

counsels
b. Constitution and the law
c. Rules of Court
d. Legislative acts
5. During promulgation of
sentence, the presence of the
accused is mandatory but he may
appear by counsel or representative
when
a. He is charged with a light offense

b. he was able to cross-examine the

prosecution’s witnesses.
c. he waives his right to be present.

d. he is convicted of a bailable offense.

6. What will happen to the
arraignment if a prejudicial
question exist in criminal case?

a. Suspended
b. Archieved
c. Terminated
d. Continued
7. Accused X pleaded not guilty to the charge of homicide
against him. Since he was admitted to bail, they sent him
notices to attend the hearings of his case. But he did not
show up, despite notice, in four successive hearings
without offering any justification. The prosecution moved to present
evidence in absentia but the court denied the motion on the ground
that the accused has a right to be present at his trial. Is the court
correct?
a. No, the court is mandated to hold trial in absentia when the
accused had been arraigned, had notice, and his absence was
unjustified.
b. Yes, it remains discretionary on the court whether to conduct trial
in absentia even if the accused had been arraigned and had notice
and did not justify his absence.
c. Yes, it is within the court's discretion to determine how many
postponements it will grant the accused before trying him in
absentia.
d. No, the court may reject trial in absentia only on grounds of fraud,
accident, mistake, or excusable negligence.
8. The inherent authority of a
tribunal to try, hear and decide
a class of case brought before it
for adjudication

a. Jurisdiction
b. Criminal jurisdiction
c. Jurisprudence
d. Criminal Procedure
9. In the crime of slight physical
injury, John was convicted by the
Municipal Trial Court. He then appeal
his case before the Regional Trial
Court. However, the RTC affirmed his
conviction. What is now the course of
action available for John?
a. Filing notice of appeal
b. Filing petition for review
c. Filing motion for new trial
d. Filing notice of appeal to the C.A
10. An offender who is still under
investigation by the
investigating prosecutor or
ombudsman is referred to as

a. Suspect
b. Respondent
c. Defendant
d. Accused
11. The arraignment shall be
suspended in the following cases,
except
a. The accused appears to be suffering
from an unsound mental condition
b. There exists a prejudicial question

c. The accused is not yet ready to enter

his plea for personal reasons
d. A petition for review of the resolution of
the prosecutor is pending at DOJ
12. In designating an offense
committed, the information or
complain must indicate the
following except-
a. History of the accused

b. Aggravating circumstances if any

c. Designating given by the statute

d. Acts or omission constituting the

offense
13. When the accused pleads guilty to a
capital offense, the court
a. shall conduct a searching inquiry into the
voluntariness and full comprehension of the
consequences of his plea
b. shall immediately rest its case and requires the
prosecution to prove his guilt and the precise
degree of culpability
c. shall immediately render judgment to expedite
the proceedings
d. shall conduct searching inquiry and
immediately render judgment to expedite the
proceedings
14. The following public officials
may conduct preliminary
investigation except-

a. asst. city prosecutor

b. Deputy ombudsman
c. Solicitor general
d. COMELEC director
15. Arraignment is made in the
following manner. The exception is
a. by furnishing the accused with a copy
of the complaint or information
b. reading the information in the
language or dialect known to him
c. by marking of evidence and stipulation
of facts
d. asking the accused whether he pleads
guilty or not guilty.
16. An amendment before plea, to
down grade the offense
charged or to excluded an accused
from the charge, can only be made if
the following requirements are made
a. Upon motion of the prosecutor

b. With leave of court

c. All of these

d. Within notice to offended party

17. Arrange the following in
accordance with the order of
trial.
1. The accused may present evidence
2. Presentation of rebuttal and sur-rebuttal
evidence
3. Submission for decision
4. The prosecution shall present evidence
a. 1, 2, 3, 4
b. 2, 1, 4, 3
c. 4, 1, 2, 3
d. 4, 1, 3, 2
18. If the accused is not under
custody and the presiding
judge finds probable cause after
conducting preliminary
examination, what will he issue?
a. Commitment order

b. Warrant of arrest

c. Subpoena

d. Summons
19. Which of the following statements is
NOT a requisite for the issuance of a
search warrant?
a. The warrant specifically describes the place
to be searched and the things to be seized.
b. Presence of a clear and convincing
evidence
c. The warrant issues in connection with one
specific offense
d. Judge determines probable cause upon the
affidavits of the complainant and his
witnesses.
20. This public official has direct
control in the prosecution of
graft cases against public official or
employees

a. Public prosecutor
b. Solicitor general
c. Private prosecutor
d. Ombudsman
21. The accused jumps bail and fails to
appear on promulgation of judgment
where he is found guilty. What is the
consequence of his absence?
a. Counsel may appeal the judgment in the
absence of the accused.
b. The judgment shall be promulgated in his
absence and he loses his right of appeal.
c. The promulgation of the judgment shall be
suspended until he is brought to the
jurisdiction of the court.
d. The judgment shall be void.
22. The exact or precise time of
the commission of the crime
need not be specifically alleged in the
complainant or information except if it
is an essential element of the crime.
An example of which is
a. Parricide

b. Homicide

c. Infanticide

d. Violation of COMELEC laws

23. When may an information be filed in court
without the preliminary investigation
required in the particular case being first
conducted?
a. Following an inquest, in cases of those lawfully
arrested without a warrant.
b. When the accused, while under custodial
investigation, informs the arresting officers that he
is waiving his right to preliminary investigation.
c. When the accused fails to challenge the validity of
the warrantless arrest at his arraignment.
d. When the arresting officers take the suspect
before the judge who issues a detention order
against him.
24. A crime punishable under the
Revised Penal Code that
cannot be prosecute unless upon
the complain of the offended party.

a. Concubinage
b. Adultery
c. Seduction
d. All of the above
25. The city prosecutor charged Ben with
serious physical injuries for stabbing
Terence. He was tried and convicted as
charged. A few days later, Terence died due to
severe infection of his stab wounds. Can the
prosecution file another?
a. Yes, since Terence’s death shows irregularity in the
filing of the earlier charge against him.
b. No, double jeopardy is present since Ben had already
been convicted of the first offense.
c. No, there is double jeopardy since serious physical
injuries is necessarily included in the charge of
homicide.
d. Yes, since supervening event altered the kind of
crime the accused committed.
26. The conduct of an inquest
proceeding is _____function

a. Judicial
b. Legislative
c. Executive
d. Administrative
27. A judgment of conviction in a
criminal case becomes final
when:
a. Accused orally waived his right to
appeal
b. Accused was tried in absentia and
failed to appear at the promulgation
c. Accused files an application for
probation
d. Reclusion perpetua is imposed and the
accused fails to appeal.
28. The validity of the warrant of
arrest expires within ____ days
from date of issue

a. 10
b. 15
c. 5
d. None of these
29. A pending criminal case,
dismissed provisionally, shall be
deemed permanently dismissed if
not revived after 2 years with respect to
offenses punishable by imprisonment
a. Of more than 12 years
b. Not exceeding 6 years or a fine not
exceeding Php 1,000
c. Of more than 6 years or a fine in excess
of Php 1,000
d. Of more than 6 years
30. For the purpose of issuing a
warrant of arrest, within how
many days shall the judge
examine the resolution filed by the
investigation prosecutor?
a. 5

b. 10

c. 15

d. 20
31. Witness A was examined on
direct examination by the prosecutor.
The defense counsel however employed
dilatory tactics and was able to secure
numerous postponements of A's cross
examination. A suffered a stroke and
became incapacitated. His uncompleted
testimony may therefore be:
a. Ordered stricken from the record
b. Held in abeyance until he recovers
c. Allowed to remain in the record
d. Not be given any probative weight
32. The law prescribing the
guidelines, procedure and
responsibilities of the arresting,
detaining or investigating police officer
and the rights of such persons arrested,
detained or under investigation is-
a. R.A 8294
b. R.A 8551
c. R.A 7438
d. R.A 7691
33. There is double jeopardy when
the dismissal of the first case is
a. Made at the instance of the accused
invoking his right to fair trial
b. Made upon motion of the accused
without objection from the prosecution
c. Made provisionally without objection
from the accused
d. Based on the objection of the accused
to the prosecution’s motion to
postpone trial
34. The effect of a discharge
order of a co-accused to be
state witness shall constitutes as
an
a. Dismissal of the case

b. Acquittal of the accused

c. Dropping the name of the said

accused
d. Withdrawal of the information
35. The following, except for one, are requisites
for the issuance of search warrant. The
exception is

a. A search warrant shall be issued only upon

probable cause in connection with one specific
offense
b. to be determined personally by the judge after
examination under oath or affirmation of the
complainant and the witnesses he may produce
c. particularly describing the place to be searched
and the things to be seized which may be
anywhere in the Philippines
d. It should be imposed within the period of 10 days
36. The members of the barangay
lupon are elected by the

a. Punong barangay
b. Constituents at large
c. Lupon chairman
d. None of these
37. PDEA agents conducted a
search on a house abandoned
by its owners in Quezon City. The
search, in order to be valid, must be
made in the presence of:
a. Any relative of the owner of the house
b. The director of the PDEA and a member
of the media
c. The barangay chairman and a barangay
tanod
d. Any elected Quezon city official
38. If there was error of law or
irregularities committed during
the trial of a case which affects the
substantial right of the accused
resulting to his conviction, his
remedy is
a. Appeal

b. Certiorari

c. Reconsideration

d. New trial
39. Pre-trial is mandatory in all
criminal proceedings. The
following is considered in pre-trial.
The exception is

a. A plea bargaining
b. Marking for identification of evidence
of the parties
c. Stipulation of facts
d. Arraignment
40. If the court denies the
demurrer to evidence without
leave of court, the effect is that the
accused –
a. May still present its evidence

b. May move for reconsideration

c. Waives the right to present

evidence
d. May appeal the order of denial
41. The following are grounds for
motion to quash. The exception
is
a. That the facts charged do not constitute
an offense
b. That the court trying the case has no
jurisdiction over the offense charged
c. That the court trying the case has no
jurisdiction over the person of the accused
d. That the officer who filed the information
had the full authority to do so.
42. The mode or method of setting
disputes in the barangay lupon
where the dispute is referred to a
third person for adjudication is
called
a. Mediation

b. Conciliation

c. Confrontation

d. Arbitration
43. An accused may move for the
suspension of his arraignment
if:
a. A motion for reconsideration is
pending before the investigating
prosecutor
b. Accused is bonded and hi bondsman
failed to notify him of his scheduled
arraignment
c. A prejudicial question exists
d. There is no available public attorney
44. One requisites for the
discharge of an accused to be
State witness is when it appears
that he is the-

a. Least guilty
b. Not guilty
c. Most guilty
d. Not the most guilty
45. What is the only ground in
filing demurrer to evidence?

a. Newly discovered evidence

b. No jurisdiction
c. Error in fact or law
d. Insufficiency of evidence
46. The effect if the motion for a
provisional dismissal is granted
with the express consent of the
accused with notice to the
offended party
a. The case may be revived

b. The accused is acquitted

c. The case is withdrawn

d. Case is terminated
47. The judgment is of conviction shall state
the following except
a. the legal qualification of the offense constituted by
the acts committed by the accused and the
aggravating or mitigating circumstances which
attended its commission;
b. the participation of the accused in the offense,
whether as principal, accomplice, or accessory
after the fact;
c. the penalty imposed upon the accused based on
his conscience and religious beliefs;
d. the civil liability or damages caused by his
wrongful act or omission to be recovered from the
accused by the offended party
48. The following are filed before
arraignment except

a. Motion to quash
b. Motion to dismiss
c. Motion to file demurrer to evidence
d. None of these
49. It is the right of a police officer
to stop a citizen on the street,
interrogate him and pat him for
weapons and contraband whenever he
observes unusual conduct which leads
him to conclude that criminal activity
may be a foot.
a. Plain view doctrine
b. Consented search
c. Stop and frisk
d. Emergency doctrine
50. One of the following is not
allowed to conduct preliminary
investigation

a. National state prosecutor

b. Assistant prosecutor
c. Public prosecutor
d. Clerk of court
51. The SC shall have the power to
order a change of venue or place
of trial for what ground?

a. To avoid miscarriage of justice

b. For proper administration of justice
c. For effective due process of law
d. To establish the guilt beyond
52. “A” is convicted in the MTC, if
he will appeal the judgment of
conviction to the RTC. What
pleading should he file?

a. Notice of appeal
b. Motion for review
c. Motion for certiorari
d. Motion for reconsideration
53. What is the remedy of the
aggrieved party of the decision
of the Prosecutor?

a. Petition for review with the president

b. Appeal
c. Petition for review with the secretary
of justice
d. Motion to quash
54. If a case has already been
filed in court, the application
for a search warrant shall be filed in
this court
a. Any court where the crime was
committed
b. Any court within the judicial region
for compelling reason
c. Where the case is pending

d. Any of these
55. Preliminary investigation is
mandatory for offenses
punishable by

a. 4 years 2 months and 1 day

b. At least 4 years 2 months and 1
day
c. 6 years and below
d. Above 6 years
56. The “In Flagrante Delicto
Doctrine” applies only if the
arrest is by virtue of a

a. John Doe warrant

b. Bench Warrant
c. Alias warrant
d. Warantless arrest
57. What is the validity of Search
Warrant?

a. 5 days
b. 10 days
c. 15 days
d. None
58. The effect of the order of
discharge of an accused to be
a state witness

a. Acquittal of the said accused

b. Dismissal of the case
c. Suspension of the proceedings
d. Acquittal of all the accused
59. Where an offense is committed in
a railroad train, aircraft, or other
public or private vehicle in the course
of its trip, the criminal action shall be
instituted and tried in the court
a. Where the vehicle passed during its
trip
b. Place of arrival

c. The place of its departure

d. Any of the foregoing
60. The offended party can
reserve the right to file a
separate civil action for the recovery
of the civil liability arising from the
delict, except in this case
a. Viol of B.P blg 22

b. Viol of traffic laws and rules

c. Viol of city or municipality

ordinances
d. viol of the rental law
61. It is an inquiry or proceeding
for the purpose of determining
whether there is sufficient ground to
engender a well-founded belief that a
crime has been committed and that the
respondent is probably guilty thereof,
and should be held for trial.
a. Arraignment
b. Inquest proceeding
c. Preliminary investigation
d. Pre-trial
62. Which of the following
describes the effect if
jurisdiction is not acquired by the
court?
a. There is no accused to be held on trial

b. There is no complainant

c. The one filing the complaint has no full

authority
d. The police officer failed to appear on
court
63. It is informing the arrested
person in a language known to
and understood by the person his
right to remain silent and to have
competent and independent counsel.
a. Constitutional right

b. Legal rights

c. Miranda doctrine

d. Statutory rights
64. When the court has the
jurisdiction over the person of
the accused, he shall be set on…

a. Trial
b. Arraignment
c. Pre-trial
d. Motion to quash
65. Which of the following is not
a requisite of jurisdiction?

a. Jurisdiction over the offense

b. Jurisdiction over the accused
c. Venue is jurisdictional in criminal
cases
d. Jurisdiction by the trial court judge
66. After the search, the officer
should do

a. Safekeeping of the evidence

b. Inventory of the evidence sized
under oath
c. Report to the court
d. Not report to the court
67. The criminal action shall be
instituted and tried in the court
of the municipality or territory

a. Residence of the of the offended

party
b. where it passed
c. Where the offense was committed
d. At the convenience of the victim
68. Limitation of the enactment of
law. The exception is

a. Ex post facto law

b. Bill of attainder
c. Excessive fines
d. Payment of just compensation
69. The following are the
requisites for the extra-judicial
confession to be admissible. The
exception is
a. It must be in writing and signed by the
accused
b. It must be made in the presence of
immediate family
c. It must be made in the presence of a
counsel
d. It must be done inside the police
70. When is search warrant to be
executed?

a. Anytime of the day or night

b. Anytime of the day
c. Anytime of the day except during
holiday
d. During office hours
71. It begins only when the
investigation is no longer a
general inquiry into an unsolved
crime but has begun to focus on a
particular suspect, the suspect has
been taken into police custody.
a. Custodial investigation

b. Custodial interrogation

c. Arrest

d. search
72. Private crime, except

a. Abduction
b. Rape
c. Seduction
d. Adultery
73. It is a warrant issued by a
court bearing its seal and the
signature of the judge directing the
jail or prison authorities to receive
the convicted offender for service of
sentence.
a. Warrant of arrest

b. Search warrant

c. Commitment order

d. Mittimus
74. Motion to quash, except

a. Failure to charge an offense

b. Extinction of offense or penalty
c. Lack of authority of the person
who filed the information
d. Lack of jurisdiction over the
complainant
75. It is a written order of a court
or authority consigning a
person to jail or prison for
detention.

a. Warrant of arrest
b. Search warrant
c. Commitment order
d. Mittimus
76. In conviction in RTC, bail is

a. Discretion of the accused

b. Discretion of the court
c. Right of the accused
d. right of the court
77. When the previously instituted
civil action involves an issue
similar or intimately related to the
issue raised in the subsequent criminal
action, and the resolution of such issue
determines whether or not the criminal
action may proceed, there is
a. Question of fact
b. Errors in fact and in law
c. Question of law
d. Prejudicial question
78. Single acts resulted into
several grave or less grave
offenses?

a. Special complex crime

b. Complex crime
c. Compound crime
d. Continued crime
79. X was charged for murder and
was issued a warrant of arrest.
X remains at large but wants to post
bail. X's option is to:
a. File a motion to recall warrant of
arrest
b. File a motion for reinvestigation

c. Surrender and file a bail petition

d. File a petition for review with the

DOJ
80. Execution of warrant of arrest
by the police officer can be
made at any day and any time of
the day and night. The statement
is
a. Wholly true

b. Wholly false

c. Partially true

d. Partially false
81. The philosophical approach in
criminal justice where the
accused must prove that they are
innocent.

a. Adversarial approach
b. Inquisitorial system
c. Presumption of innocence
d. Burden of proof
82. If a person arrested by virtue
of warrant of arrest, the court
has jurisdiction over the

a. Accused
b. Person
c. Case
d. Suspect
83. An information for murder was filed against X.
After examining the case records forwarded to
him by the prosecution, the trial judge granted bail
to X based on the prosecution's manifestation that it
was not objecting to the grant of bail. Is the trial judge
correct?

a. Yes, the trial judge may evaluate the strength or weakness

of the evidence based on the case records forwarded to him.
b. No, the trial judge should have held a hearing to ascertain
the quality of the evidence of guilt that the prosecution had
against X.
c. No, the trial judge should have conducted a hearing to
ascertain first whether or not X was validly arrested.
d. Yes, the trial judge may reasonably rely on the prosecution's
manifestation that he had no objection to the grant of bail.
84. Concept of Criminal Law that
a person may not be convicted
of the offense at the same time.

a. Prescription of crime
b. Double jeopardy
c. Prescription of penalty
d. Multiplicity of suits
85. Which of the following is not
an element of motion to quash

a. Hypothetical admission of facts

b. Filed before arraignment
c. It is omnibus
d. It bars the subsequent filing of new
information
86. Bail is a matter of right
I. MTC, MCTC; before and after
conviction
II. RTC; after conviction, not less than 6
years imprisonment
III. RTC, before conviction; offense not on
life imprisonment, reclusion perpetua
a. I

b. II

c. I and III
87. Arraignment is comply with
what constitutional right of the
accused?

a. Right to self-incrimination
b. Right to testify against himself
c. Right to be present in court for
trial
d. Right to inform the nature and
88. Search warrant, vaguely,
which result to indiscretion of
the law enforcer

a. Bench warrant
b. Arrest warrant
c. General warrant
d. Search warrant
89. It makes an act done criminal
the passage of a law

a. Bill of attainder
b. Ex post facto law
c. Retrocativity
d. Dura lex sed lex
90. It is a legislative act which
inflicts punishment without a
judicial trial.

a. Bill of attainder
b. Ex post facto law
c. Retroactivity
d. Dura lex sed lex
91. It is a rule of conduct, just and
obligatory, promulgated by
competent authority.

a. Law
b. Rule
c. Human positive law
d. Divine law
92. The Metropolitan Trial Court
convicted Virgilio and Dina of
concubinage. Pending appeal, they
applied for bail, claiming they are entitled to it
as a matter of right. Is their claim correct?

a. no, bail is not a matter of right after conviction

b. Yes, bail is a matter of right in all cases not
involving moral turptitude
c. No, bail is dependent on the risk of flight
d. Yes, bail is a matter of right in the
metropolitan trial court before and after
conviction
93.-95. FACTS OF THE CASE:
John stab Peter during their fist
fight which cause the untimely
demise of Peter. He was arrested
following the hot pursuit operation
conducted by the elements of
PNP.
93. What crime can be charged
against John?

a. Murder
b. Homicide
c. Reckless imprudence resulting to
homicide
d. Reckless imprudence resulting to
murder
94. What will the prosecutor do
with the case?

a. Conduct preliminary investigation

b. Conduct further investigation
c. Conduct inquest proceedings
d. Conduct clarificatory hearing
95. Can John post a bail?

a. Yes
b. No
c. Maybe
d. It depends
96.-98. FACTS OF THE CASE:
P/INSP Charlie Bubole together
with other 3 police officer went to
Barangay Look to conduct buy-bust
operation. PO1 Aldrin Caballero, as the
poseur buyer approached a good looking
guy named Efren Casido and told him
that he want to score. Efren give him
three sachet containing white crystalline
substance. After receiving the alleged
shabu, PO1 Caballero gave him PhP
500.00.
96. What should PO1 Caballero
do?
a. Immediately arrest Efren for selling
prohibited drugs
b. Immediately search Efren for more
drugs
c. Immediately go to the judge and
secure a warrant of arrest for selling
prohibited drugs
d. Examin the sachet if it’s a genuine
shabu. If so, immediately arrest Efren
97. If Efren was arrested without
warrant, what is the legal
justification of the arrest?

a. In flagrante delicto arrest

b. Hot pursuit doctrine arrest
c. Search incidental to a lawful arrest
d. Escapee
98. As a professional police officer
what will be your course of
action after making an arrest?
a. Inform the arrested person of his
constitutional rights
b. Inform the arrested person of his rights
under rule 115 of the Revised Rule on
Criminal Procedure
c. Inform the arrested person of the
Miranda Doctrine
d. Deliver him to the nearest police station
99.-100. FACTS OF THE CASE:
Juan killed Pedro in Quezon
City. The crime of homicide was
prepared by the prosecutor.
99. Which court has jurisdiction?
a. Supreme court

b. Court of appeals

c. Regional trial court

d. Municipal trial court

100. Where is the venue of the
case?

a. Quezon city
b. Manila city
c. Metro manila
d. Municipal trial court
THE END