CRIMINAL

PROCEDURE

Pretest
1. A right of the accused 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. Presumption of innocence
b. Speedy and public trial
c. Inform the nature of the offense
d. Self- incrimination
2. A married to B. During the existence of his marriage,
A the husband married C. B the wife filed bigamy
against A. Whereupon A filed case for annulment of his
marriage with C on the ground that he was forced and
intimidated by C to marry her. Here there exist in the
civil action a question of:
a. Criminal action
b. Civil action
c. Prejudicial question
d. All of the above
3. Prescribes the governing rules on
evidence?
a. RPC
b. Constitution
c. Rules on criminal procedure
d. Rules of court
4. The controlling factor to obtain
jurisdiction over the vessel or aircraft.
a. Nationality of the owner
b. Registration of the vessel
c. Location of the vessel
d. All of the above
5. A right extends not only to the right to refuse
answer questions, put the accused while on
witness stand, but also to forego testimony, to
remain silent and refuse to take the witness stand
when called as a witness in the prosecution.
a. Presumption of innocence
b. Speedy and public trial
c. Inform the nature of the offense
d. Self-incrimination
6. A right that requires that charges against
him should be stated in such a way as to
enable him to know the meaning and nature
of the offense
a. Presumption of innocence
b. Speedy and public trial
c. Inform the nature of the accusation
d. Self-incrimination
7. Time to move to quash in criminal
cases.

a. Any time of the arraignment

b. Any time before filing information
c. Any time before entering his plea
d. Any time before judgment
8. The purpose of trial absentia.

a. Speedy trial
b. Proper disposition of the case
c. Expedite trial
d. All of the above
9. Nature of the crime committed by the
accused that disqualifies as state witness.

a. Crime against chastity

b. Crime against honor
c. Crimes against moral turpitude
d. Crimes against public interest
10. Requisites to be a state witness. Except.
a. Accused appear to be the most guilty
b. Two or more persons are jointly charged with
the commission of an offense
c. The application for discharge is filed by the
prosecution before it rest the case
d. Testimony of the accused can be substantially
corroborated in its material points
11. Where an offense is committed on a railroad train,
aircraft, or in other public or private vehicles while in the
course of its trip, the criminal action may be instituted and
tried in the court of:
a. The municipality where such train, aircraft or other
vehicle passed such trip
b. The municipality where such train, aircraft or other
vehicle has departed such trip
c. The municipality where such train, aircraft or other
vehicle has arrived such trip
d. All of the foregoing
12. After the criminal action has been
commenced, the civil action cannot be instituted
until:
a. The offended party has put up a bond
b. Final judgment has been rendered in the
criminal action
c. The offender dies
d. All of the foregoing
13. A complaint or information must charge but
one offense, except only in those cases in which
existing laws prescribe a single punishment for
various offenses. Of the following crimes one
exemption is:

a. Complex crime
b. Continuing crime
c. Piracy
d. Impossible crime
14. When a criminal action is instituted, the civil action
for the recovery of civil liability arising the offense
charged is impliedly instituted with the criminal action,
unless the offended party:

a. Expressly waives the criminal action

b. Reserves his right to institute separately
c. All of the foregoing
d. None of the foregoing
15. Section 10, rule 110, itself pointed out the
exception to the rule that the information need not
specify the exact place of the commission of the
offense. The exception is:

a. When the particular place wherein the offense

committed
b. When it involves continuing offense
c. Complex crime
d. All of the foregoing
16. When a person is lawfully arrested without warrant
of arrest involving an offense, which requires
preliminary investigation, the complaint or information
may be filed without need of such investigation,
provided a ______ has been conducted in accordance
with the existing law.

a. Preliminary investigation
b. Examination
c. Fact finding investigation
17. A Philippine vessel or aircraft must be
understood as that and is to be registered in what
particular government agency.

a. Philippine bureau of customs

b. Department of transportation and
communication
c. Philippine Ports authority
d. Any of the above
18. In localities where no such members of the bar
are available during arraignment, who shall be
appointed by the court as Counsel de officio of the
accused?
a. Local chief of police
b. Vice mayor
c. Any person, resident of the province and of good
repute for probity and ability to defend the accused
d. All of the above
19. It is being discretionary; the application for bail
will be filed and acted upon by what court despite
the filing of notice of appeal, provided it has not
transmitted the original record to the appellate
court.
a. Appellate court
b. Trial court
c. Supreme court
d. Sandiganbayan
20. Any person who shall deliberately cause
to the property of another any damage that
does not constitute arson shall be guilty for
what crime?
a. Damage to property
b. Arson
c. Malicious mischief
d. None of the foregoing
END