CRIMINAL PROCEDURE

INSTRUCTION: Select the correct answer for each of the following questions. Mark only one answer for each item
by encircling the letter corresponding to your answer. STRICTLY NO ERASURES AND MULTIPLE ANSWER
ALLOWED.
CHOOSE THE BEST ANSWER:
1. what is that method fixed by law for the apprehension and prosecution of a person who is supposed to
have committed a crime and for his punishment in case of conviction?
A. criminal procedure c. criminal evidence
B. criminal law d. custodial investigation
2. The detection and prosecution of offender are not left to initiative of private parties but to the official or
agent of the law
A. accusatorial c. inquisitorial
B. mixed system d. adversary system
3. As a general rule a court proceeding in our Judicial set up is
A. inquisitorial c. accusatorial
B. mixed system d. prosecutorial
4. Which is not a requisite for valid exercise of criminal jurisdiction?
a. jurisdiction over the subject matter c. jurisdiction over the accused
b. jurisdiction over territory d. jurisdiction over the rest
5. It is the power to hear and determine cases of the general class to which the proceeding in question
belongs
a. jurisdiction over the accused c. jurisdiction over the rest
b. jurisdiction over territories d. jurisdiction over the subject matter
6. The word jurisdiction derived from the Latin term juris and dico which mean.
a. I speak by the court c. I speak by the judge
b. I speak by the people d. I speak by the law
7. what kind of jurisdiction is the authority of the court to take cognizance of a case in the first instance, that
is when no court below it in grade has the power to try and decide the case?
a. appellate jurisdiction c. original jurisdiction
b. exclusive jurisdiction d. concurrent jurisdiction
8. what kind of jurisdiction, is exercised over all kind of cases, except those withheld from the plenary power
of the court.
a. delegated jurisdiction c. general jurisdiction
b. limited jurisidction d. territorial jurisdiction
9. It is the geographical division in which an action is brought to trial ,or place of trial for a criminal action ,or
a civil action or special proceeding or in short a territorial unit where the power of the court is to be
exercised
a. jurisdiction c. venue
b. b. criminal jurisdiction d. place of trial
10. Where there is jurisdiction, the decision of all question arising in a case is but.
a. error of judgment c. error of jurisdiction
b. exercise of jurisdiction d. jurisdiction
11. An act expanding the jurisdiction of the Metropolitan trial courts, Municipal trial courts ,and Municipal
circuit trial courts amending for the purpose BP blg.129 otherwise known as the judiciary reorganization
act.
a. RA No 7691 c. RA. NO. 8249
b. RA.NO 3019 d. RA .No. 8369
12. Which court has jurisdiction over offenses involving damages to property through criminal negligence?
a. MTC c. RTC
b. SB d. FC
13. Which court shall have jurisdiction over offenses punishable by a fine exceeding four thousand pesos ?
a. MTC c. SB
b. RTC d. FC
14. The following cases are falling within the jurisdiction of the RTC .except.
a. libel c. election case
b. violation of dangerous drug act d. offenses punishable by destierro
15. In which of the following offices should an information be filed ?
a. Prosecutor c. police
b. Barangay d. courts
16. In Metro Manila and other chartered cities ,where shall the offended party file his complaint?
a. Municipal Circuit Trial Court c. Office of the Prosecutor
b. Metropolitan Trial Court d. Regional Trial Court
17. Criminal action for violation of city and Municipal ordinances being subject to the rule on summary
procedure, the period of prescription for such offenses is governed by.
a. Art .91 of the RPC c. Act no 3326
 b. RA. no 6981 d.RA NO 6758
18. Complaint is sworn statement charging a person with an offense subscribed by any of the following
complainants, except.
a. by the offended party c. any peace officer
b. by the fiscal d. public officer charged of the law violated
19. Who represents the People of the Philippines in criminal cases on appeal before the court of appeals or the
supreme court?
a. Private prosecutor c. public prosecutor
b. Ombudsman d. solicitor general
20. Under the new constitution, who is empowered to order or change the venue or place of trial in order to
avoid miscarriage of justice?
a. Executive judge c. supreme court
b. Chief executive d. legislative
21. All criminal actions shall be commenced by:
a. Complaint c. information
b. Preliminary investigations d. a or c
22. A complaint or information must state the name or surname of the persons against whom or against
whose property the offense was committed ,or any appellation or nickname by which such person has
been or is known ,and if there is no better way of identifying him, he must be described under what name?
a. His physical description c. his family or surname alone
b. Fictitious name d. common name
23. A complaint or information is sufficient if it states the following .except one, which one is the exception?
a. name of accused
b. designation of offense
c. act or omission complaint of constituting the offense
d. title of the case
24. The rule that a complaint or information must charge only one offense is absolute
a. True.
b. False, this is subject to exception
c. False, except when existing laws prescribe a single punishment for various Offense
d. False, except when there are several accused with different participations in the commission of the
crime.
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 the following conditions, except.
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. There must be consent by the court
26. what is a written statement charging a person with an offense, subscribed to the offended party ,any
peace officer charged with the enforcement of the law violated.
a. Complaint c. information
b. Criminal case d. jurat
27. Which of the following is not a private crime?
a. Abduction c. bigamy
b. Acts of lasciviousness d. seduction
28. What is the effect of the death of the offended party in a criminal case for libel or defamation?
a. Extinguish the criminal liability of the accused
b. Does not extinguished the criminal liability of the accused
c. Dismissal of the complaint or information
d. The criminal liability of the accused is partially extinguished
29. If there is no designation of the offense. What will become the reference in designating the offense ?
a. The section or subsection of the statute punishing it.
b. The designation of the offense given by statute
c. The recital of facts in the complaint or information
d. The title of the case
30. In filing a complaint or information ,How is the real nature of the crime charged determined?
a. Law specifically violated c. Facts recited in the complaint or information
b. Title of the offense sheet d. Evidence to be presented
31. what is the best remedy of a person charged under a wrong name?
a. ignore the charged
b. file a bill of particular
c. file a motion to quash on the ground of lack jurisdiction over the person of the accused
d. file motion to dismiss
32. It is necessary to state in the complaint or information the precise time at which the offense was
committed .However ,in one of the following crimes time of the commission is an essential element,
therefore, must be alleged in the complaint or information
 a. Infanticide c. malicious mischief
b. Piracy d. violation of domicile
33. The particular place where the offense was committed are essential in the following crimes ,except.
a. Trespass to dwelling
b. Penalty on the keeper, watchman , visitor of opium den.
c. Abortion
d. violation of election law
34. If homicide or murder is committed with the use of unlicensed firearm, there are two offenses committed.
a. True
b. False, there is only one offense, homicide or murder aggravated by the use of unlicensed firearm.
c. True, homicide or murder and illegal possession of firearm.
d. False, there is only one offense ,homicide or murder, the used of unlicensed firearm is absorbed
35. What are amendments involving ,the recital of facts constituting the offense and determinative of the
jurisdiction of the court
a. Formal amendment c. substantial amendment
b. Substitution d. special amendment
36. Which of the following is an example of substantial amendment?
a. Additional allegation of conspiracy
b. Additional allegation of habitual delinquency and recidivism
c. Amendment of information from frustrated murder to consummated murder
d. Change in the items stolen by the accused
37. Where an offense is committed on a rail road train ,in an aircraft ,or in another public pr private vehicle
while 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 during such trip .
b. The municipality where such train ,aircraft or other vehicle has departed during such trip
c. The municipality where such train, aircraft or other vehicle has arrived during such Trip.
d. All of the above.
38. when the criminal action is instituted, the civil action for the recovery of civil liability arising from the
offense charged shall be deemed instituted with the criminal action unless the offended party
a. Waives the civil action c. Reserves the right to institutes it separately
b. Institute the civil action prior to criminal action d. all of the above
39. After the criminal action has been commenced ,the separate civil action arising therefrom cannot be
instituted until.
a. the offended party has put up a bond
b. the offended party manifest his intention to file the separate civil action
c. final judgment has been rendered in the criminal action
d. the offender dies
40. Extinction of the penal action does not carry with it the extinction of the civil unless:
a. The extinction proceed from a declaration in a final judgment that the fact from which the civil might
arise did 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 declarations in a final judgment that the fact from which the civil might
arise did not exist
d. The extinction proceeds from a declaration in a final judgment that the prosecution fails to prove the
guilt of the accused beyond reasonable doubt.
41. what damages no filing fees shall be required?
a. actual damages c. moral damages
b. exemplary damages d. nominal damages
42. In one of the following cases no counterclaim or cross claim or third party complaint may be filed by the
accused .which case.
a. administrative case c. civil case
b. criminal case d. special civil action
43. It is one which arises in a case, the resolution of which is a logical antecedent of the issue raised therein
and the cognizance of which pertains to another tribunal.
a. Political question c. prejudicial questions
b. Preliminary investigation d. preliminary examination
44. A final judgment rendered in a civil action absolving the defendant is not a bar to a_____
a. Civil action c. criminal action
b. Administrative action d. special civil action
45. The doctrine of primacy of the criminal action ,which provides that civil action is thus suspended in
whatever stage it may be found upon the filing of the criminal action ,accepts certain exceptions, which of
the following are among the exception
a. In cases of independent civil action
b. In cases where the civil action presents a prejudicial questions
c. When the act or omission from which the civil liability may arise did not exist
 d. Both a and b
e. All of the above
46. The death of the accused after arraignment and during the pendency of criminal actions shall extinguish ?
a. The independent civil action c. The civil liability arising from delict
b. The case shall be dismissed d. The civil liability arising from other sources of obligation
47. When the criminal action has been filed in court for trial, the petition to suspend shall be filed in
a. Office of the prosecutor
b. Court conducting the preliminary investigation
c. The same criminal action at any time before the prosecution rests.
d. All of the above.
48. The doctrine of prejudicial question comes into play when there is a _____and_____ in which the issue raised
in the former requires pre emptive resolution.
a. Administrative and criminal action c. civil and civil action
b. Criminal and criminal action d. civil and criminal action
49. “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 exist in the civil action a question of
a. Criminal question c. prejudicial question
b. Civil question d. pre emptive question
50. It is an inquiry or proceeding to determine whether there is a 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 c. preliminary examination
b. preliminary investigation d. criminal investigation
51. what is the nature of preliminary investigation?
a. inquisitorial c. personal
b. alternative d. both a and c e. all of the above
52. For what offense where preliminary investigation is required to be conducted?
a. when a person is lawfully arrested without warrant
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 where the penalty prescribed is imprisonment exceeding 6 years
d. for any offense where inquest prosecutor is available.
53. the following are allowed to conduct preliminary investigation except.
a. provincial and city prosecutor and their assistance
b. judges of Municipal trial courts and Municipal circuit Trial court
c. National and Regional State prosecutor
d. special prosecutors of the ombudsman
54. Preliminary investigation is a.
a. administrative function c. judicial function
b. executive function d. supreme court function
55. the offenders who is still under going Preliminary investigation at the prosecutor office is referred to as.
a. suspect c. accused
b. respondent d. appellant
56. the entire preliminary investigation is up to.
a. 30 days c. 45 days
b. 15 days d. 10 days
57. which is not the right of respondent during preliminary investigation
a. to submit counter affidavit
b. to be present during clarificatory hearing
c. to examine the evidence submitted by the complainant and copy them at his expense .
d. to examine and cross examine the party and the witness
58. After the preliminary investigation and the investigating officer find cause to hold the respondent for trial
he shall prepare the resolution recommending the filing of the information ,he must certify under oath the
following ,except.
a. he has personally examined the complainant
b. that there is a reasonable ground to believe that a crime has been committed
c. that the accused is probably guilty there
d. that the accused must be arrested and brought to trial
59. for instance, the provincial or city prosecutor promulgated an unfavorable resolution of the case,where
can be accused file a petition for review of the said resolution
a. office of the president c. metropolitan trial court
b. department of justice d. regional trial court
60. If the judge find probable cause after conducting preliminary examination what will he issue as mentioned
in sec 6 Rule 112.
a. mittimus c. commitment order
 b. warrant of arrest d. summons
61. Incase of doubt on the existence of probable cause ,what will the judge do.
a. dismiss the information
b. order the prosecutor to present additional evidence.
c. conduct another evaluation of resolution and its supporting evidence
d. order the accuse to be released
62. warrant of arrest is not necessary in the following instances ,except
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. if the penalty for the offense is less than 4 years 2 months and 1 day imprisonment.
63. what kind of warrant is issued by the court against the accused or witness who failed to appear before it?
a. John doe warrant c. allias warrant
b. bench warrant d. general warrant
64. 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 warrant involving an offense which requires a preliminary
investigation .
b. for an offense where the penalty prescribed by law is at leasth four (4) years 2 months and One day.
c. for any offense where inquest prosecutor is absent or not available
d. all of the above
65. 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 filed in court without preliminary investigation having
been first conducted
a. within five (5) days from the time he learns of 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
66. .An information or complaint filed in court shall be supported by the following. except.
a. affidavits and counter affidavits of the parties and their witnesses
b. other supporting evidence
c. the resolution on the case
d. none of the above
67. which is not the requisites for issuance of summons instead of warrant of arrest
a. existence of probable cause
b. the case is under jurisdiction of Municipal Trial court
c. there is no necessity for placing the respondent under immediate custody.
d. there is necessity for placing the respondent under immediate custody.
68. May be defined as the security given for released of a person in custody of law furnished by him or a
bondsman, ,conditioned upon his appearance before any court as required under the condition specified
by law.
a. Pardon c. probation
b. bail d. parole
69. it is the obligation given by the accused with one or more sureties ,with the condition to be void upon the
performance by the accused of such acts as he may legally be required to perform.
a. recognizance c. probation
b. bail bond d.pardon
70. A security given for the release of a detained person executed in the form of a lien annotated on the title of
the property submitted as bond is called.
a. corporate surety c. property bond
b. cash deposit d. recognizance
71. All kinds of bail are subject to the following conditions .except one.
a. the accused shall appear before the proper court whenever required
b. the failure of the accused to appear at the trial without justification and despite due notice shall be
deemed a waiver of his right to be present thereat
c. the accused will not commit any crime during the pendency of his case
d. that bondsman will surrender the accused to the court for execution of final judgment
72. No person under detention by legal process shall be released or transferred .except.
a. when he is admitted to bail c. order of the court
b. rush to the hospital d. all of the above e. both a and c
73. Bail is a matter of right under the following conditions :
1. in MTC,MTC in Cities,MCTC before or after convictions
2. in RTC,after conviction if the penalty imposed is not more than six years
3. in RTC ,before conviction of an offense not punishable by death ,reclusion perpetua or life
imprisonment
which of the following conditions are correct?
 a. statement NO 1 only c. statement NO 2 only
b. statement No 3 only d. both statement NO 1 and 3
74. if the decision of the trial court convicting the accused changed the nature of the offense from non bailable
to bailable ,the application for bail can only be filed with and resolved by.
a. trial court c. court a quo
b. appellate court d. Regional trial court
75. An act prohibiting the imposition of death penalty.
a. RA. 7659 c. RA 8177
b. RA. 9346 d. RA.8493
76. it is an offense which,under the law existing at the time of its commission and of the application for
admission to bail ,may be punished with death.
a. status crime c. heinus crime
b. capital offense d. statutory offense
77. An accused shall be admitted to bail ,without further qualification, when he is charged
a. with capital offense
b. an offense punishable by reclusion perpetua
c. an offense punishable by reclusion temporal
d. an offense punishable by life imprisonment
78. who has the burden of proof that the evidence of guilt is strong in application for bail? .
a. accused c. prosecution
b. court d. witness
79. it is an undertaking constituted as lien on real property given as security for the amount of bail.
a. property bond c. cash deposit
b. corporate surety d. recognizance
80. Bruno is charged with the crime of theft of property valued at P50.00 punishable by Arresto Mayor (1
Month,1 day to 6 months) Bruno has been in detention for 8 months already .in such a case.
a. Bruno must be acquitted
b. Bruno must be immediately released for having served his sentence
c. Bruno must be immediately released ,without prejudice to the continuance of the trial
d. Bruno must be immediately released on reduced bail or recognizance.
81. Angelito is accused of having charged killed his wife under exceptional circumstances .the crime is
punishable by destierro (6 months ,1 day to 6 years) He should be released without bail
a. if he has been in custody for a period of 10 days
b. if he has been in custody for a period of 15 days
c. if he has been under preventive imprisonment for 20 days
d. if he has been under preventive imprisonment for more than 1 month
82. whenever allowed pursuant to law or these rules, the court may released a person on.
a. his on recognizance c. that of a responsible person
b. recognizance of mayor of locality d. both a and c
83. Bail in the amount fixed, may be filed.
a. with any Regional trial court c. with the court where the case is pending
b. with any municipal trial court d. with any Municipal circuit trial court
84. If bail is a matter of discretion where should the accused file an application for bail?
a. with any Regional Trial Court
b. with the particular court where the case is pending
c. any court in the Province, City,or Municipality where he is held
d. with any inferior court judge
85. 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 court c. trial court
b. supreme court d. family court
86. what shall the court do after approving the bail of an accused?
a. the accused must be inform of the condition of the bail.
b. the accused must be discharged
c. the accused must be warn not to jump bail
d. all of the above.
87. if the bail is filed in a court other than the sala where the case is pending ,what shall the said court do?
a. the judge accepting the bail shall forward the bail,the order of released and other supporting paper to
the court where the case is pending
b. the judge accepting the bail shall denied the posting of bail
c. the judge shall advise the accused to post bail in proper court
d. the judge accepting the bail shall request the order of released and other supporting paper from the
court where the case is pending.
88. the following except one are ground for the automatic cancellation of bail.
a. acquittal of the accused c. death of the accused
b. dismissal of the case d. the execution of final judgment
89. An instance where the accused is 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 the evidence of guilt is strong
b. He commits the same or another offense charged
c. he committed capital offense
d. all of the above
90. 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 c. in case he is pardon by the President
b. when amnesty is granted by the President d. in case the accused is a minor
91. who shall exercise supervision over all person in custody for the purpose of eliminating unnecessary
detention .
a. the executive judge of the RTC c. court
b. the executive judge of the MTC d. warden/director of prison
92. what shall the bondsman do within 30 days as ordered if the accused fails to appear at the trial?
a. must produce the body of their principal
b. give the reason for his non production
c. must explain satisfactorily why the accused did not appear when first required to do so
d. all of the above.
93. 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
94. 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 defend himself at the trial.
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
95. 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. The right to be informed of the nature and cause of the accusation
b. The right to testify as 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
96. 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. The right to testify as witness in his own behalf
b. Right to speedy trial
c. Right to have compulsory process issued to secure the Attendance of witness and production of other
evidence in his behalf
d. Right to appeal in all causes allowed and in the manner prescribed by law
97. when the evidence of the parties in in a criminal case is evenly balanced ,the constitutional presumption of
innocence should tilt in favor of the accused who must be acquitted
a. doctrine of pro reo c. equipoise rule
b. res inter alios acta d. falsa demonstratio non nocet
98. which of the following is not the requisites of valid trial in absentia
a. the accused has already been arraigned c. He has been duly notified of the trial
b. his failure to appear is unjustified d. the accused invoke his right
99. Accordingly, an escapee who has been duly tried in absentia waives his right to.
a. present evidence on his own behalf
b. confront witnesses testifies against him
c. cross examine witnesses testifies against him
d. all of the above
100. The right to counsel may be invoked on any of the following proceedings, except
a. custodial investigation. c. rendition of judgment
b. appeal d. during police line up