with said courts, or a complaint with the fiscal’s

CRIMINAL PROCEDURE 1 office

D. None of the above
1. Sworn written statement charging a person with
an offense, subscribed by the offended party, any 8. Which of the following offenses is subject to
peace officer or other public official charged with summary procedure.
the enforcement of the law violated. A. Violation of traffic laws
A. Information B. Violation of municipal or city ordinance
B. Complaint C. Violation of rental laws
C. Affidavit D. All of the above
D. Memorandum
9. In criminal cases covered by the rules on
2. Accusation in writing charging a person with an summary procedure shall be deemed commenced
offense, subscribed by the fiscal and filed with the only when it is filed in
court. A. The Prosecutor's office
A. Information B. Lupon of the Barangay
B. Complaint C. The Court
C. Affidavit D. None of the above
D. Memorandum

3. ____and____ courts gain jurisdiction over the

offense upon the filing of complaint by a
complainant or an information by the prosecuting
officer. 10. The filing of the complaint even with the fiscal’s
A. MTC and CA office should suspend the running of the Statute of
B. MTC and SC Limitations.
C. MTC and SB This is
D. MTC and RTC A. True
B. False
4. Jurisdiction of the court over the offense is C. Partially false
determined D. None of the above
A. At the time of the institution of the action
B. At the time of the arrest of the accused 11. Information may be amended as to the name of
C. At the time of voluntary surrender of the the accused, but such amendment cannot be
accused questioned for
D. At the time of the commission of the offense the first time on appeal.
A. True
5. Which of the following is false. B. Partially true
A. A complaint is a sworn statement C. False
B. Information must be sworn to D. Partially false
C. Information is filed with the court
D. A complaint is subscribed by the offended 12. Conviction for robbery cannot be sustained if
party, any peace officer or other officer charged there is a variance between the allegation and the
with proof as to the
the enforcement of the law violated ownership of the property stolen.
A. True
6. Remedies of offended party when fiscal B. False
unreasonably refuses to file an information or C. Partially false
include a person therein D. Partially true
as an accused.
A. In case of grave abuse of discretion, action 13. If facts do not completely allege all the
for mandamus elements of the crime charged, the info may be
B. Lodge a new complaint against the quashed; however, the
offenders prosecution is allowed to amend the info to
C. Take up matter with the Secretary of Justice include the necessary facts.
D. All of the above A. True
B. Partially true
7. In Municipal Trial Courts and Municipal Circuit C. False
Trial Courts criminal actions are instituted by D. Partially false
A. By filing a complaint with the appropriate
officer for the purpose of conducting requisite 14. Information need only allege facts, not include
preliminary investigation all the evidence which may be used to prove such
therein. facts
B. By filing the complaint ONLY with the office A. True
of the fiscal B. False
C. By filing the complaint or information directly C. Partially true
1
 D. Partially false child born out of lawful wedlock and are therefore
considered illegitimate are by fiction of law
15. Approximation of time is sufficient; amendment considered by subsequent valid marriage of
as to time is only a formal amendment; no need to the parents.
dismiss case. A. Adoption
A. True B. Legitimation
B. False C. Foster parenting
C. Partially true D. Naturalization
D. Partially false
3. What is the Latin term for criminal intent?
16. Qualifying and inherent aggravating A. Mens Rea
circumstances need to be alleged as they are B. Magna Culpa
integral parts of the crime. C. Inflagrante Delicto
If proved, but not alleged, become only D. Mala Vise
generic aggravating circumstances.
A. True 4. What should be conducted in order to determine
B. False whether a case falls under the jurisdiction of the
C. Partially true regional Trial Court?
D. Partially false A. Inquest proceeding
B. Preliminary conference
17. Conviction may be had even if it appears that C. Preliminary investigation
the crime was committed not at the place alleged, D. Search and Seizure
provided that the
place of actual commission was within the 5. For offense falling under the jurisdiction of
court’s jurisdiction and accused was not surprised Municipal Trial Courts and Municipal Circuit trial
by the variance courts, prosecution is instituted
between the proof and the information.
A. True A. By filling a compliant with the Regional Trial
B. False Court
C. Partially true B. By filing a complaint directly with the court
D. Partially false C. By filling a complaint with the chief of Police
in the municipality
18. In which of the following cases may only the D. By filling a complaint with the fiscal for
offended spouse file the complaint. preliminary investigation
A. Rape
B. Seduction 6. Intervention of the offended party in the criminal
C. Adultery and Concubinage action is not allowed in the following instances
D. Acts of lasciviousness EXCEPT:
A. when he has not waived the civil action
19. Defined as the joinder of separate and distinct B. when he has file the civil action ahead of the
offenses in one and the same information/complaint criminal
A. Motion to Quash C. when he has expressly reserved the right to
B. Duplicity of offense institute the civil action separately
C. Double Jeopardy D. when he has waived the civil action
D. None of the above
7. The place of trial for a criminal action is cited
20.The civil action involves an issue similar or A. territory
intimately related to the issue raised in the criminal B. action
action. C. jurisdiction
A. Duplicity of offense D. venue
B. Double Jeopardy
C. Prejudicial question 8. The primary purpose of bail is
D. None of the above A. to protect the accused rights
B. to keep the accused in jail until trial
C. to punish the accused for the crime
CRIMINAL JURISPRUDENCE 2 D. to release the accused

1. The SC ruled the illegally obtained evidence is 9. The authority of the court to take cognizance of a
inadmissible in state criminal prosecutions in the case in the first instance is known as:
famous case of A. original jurisdiction
A. Miranda vs Arizona B. appellate jurisdiction
B. Otit vs Jeff C. general jurisdiction
C. Mapp vs Ohio D. delegated jurisdiction
D. Milkey vs Wett
10. "A" stabbed "B". "A" brought "B" to a hospital for
2. It is defined as a remedy or process by which a medical treatment .Had it not been the timely
2
medical attendance. "B" would have died.This is a D. admission
case of
A. a physical injury 18. Is that which is not excluded by the law as
B. an attempted felony tending to prove a fact in issue
C. a consummated felony A. material evidence
D. a frustrated felony B. relevant evidence
C. direct evidence
11. A person undergoing criminal investigation D. competent evidence
enjoys his three constitutional rights such as
A. the right to oppose whatever the accusation 19. Any private person who shall enter the dwelling
on him of another against the will of the latter
B. the right to plea guilty and not guilty A. none of these
C. the right to oppose whatever accusation or B. trespassing to dwelling
him based on his constitutional right C. light threats
D. the right to remain silent, the right to D. usurpation
counsel, the right to be informed of the nature of 20. Are those acts and omissions committed not
the accusation only by means of deceit, but also by means of fault
and are punishable by law.
12. Evidence is admissible when it is relevant to the A. Justifying circumstances
issue and is not excluded by the rules on B. Felonies
A. Real evidence C. Exempting circumstances
B. Secondary evidence D. Attempted felony
C. Admissibility of evidence
D. Relevancy of evidence

13. What is the sworn written statement charging a

person with an offense, subscribed by the offended
party, any peace officer or other employee of the
government or government institution in change of
the enforcement or execution of the law violated? 21. Is committed whenever the offender
A. Deposition commences the commission of a crime directly by
B. Complaint overt acts but does not perform all the acts of
C. Police blotter execution which should produce the felony as a
D. Information consequence by reason of some cause or accident
other than his own spontaneous desistance.
14. Trial is allowed only after arraignment and the A. Frustrated felony
accused may waive his right to appear at the trial B. Attempted felony
except when his presence is required for purposes C. Consummated felony
of identification. This is the principle of trial in __. D. Felony
A. Substitution
B. Absentia 22. Are those crimes committed against individuals,
C. Re-assignment particularly against their chastity, but which do not
D. Ordeal produce danger or prejudice common to other
members of society.
15. A public officer or employee when NOT being A. Private crimes
authorized by judicial order, shall enter a dwelling B. Public crimes
against the will of the owner thereof is committing: C. Felony
A. Legal entry D. Infractions
B. Violation of domicile 23. Are those crimes committed against the society
C. Illegal entry which produce direct damage or prejudice common
D. Abatement to all its members.
A. Private crimes
16. Intoxication when considered under the law is B. Public crimes
considered C. Felony
A. Alternative Circumstance D. Infractions
B. Maladaptive Behavior
C. Delinquent act 24. One of the characteristics of criminal law, where
D. Anti social Behavior penal laws do not have retroactive effect, except in
cases where they favor the accused charged with
17. The adjudication by the court that the defendant felony and who are not habitual criminals.
is guilty or is not guilty of the offense charged and A. Retrospective
the imposition of the penalty provided by law on B. General
the defendant who pleads or is found guilty thereof C. Territorial
A. judgment D. All of the foregoing
B. false informant 25. A theory underlying the system of our criminal
C. information law, of which Rafael Garafalo and Enrico Ferri,
3
including Dr. Cesare Lombroso, were the greatest
exponents, that crime is considered as essentially 1. C
asocial and natural phenomenon. 2. B
A. Juristic or classical theory 3. A
B. Positivist or realistic theory 4. C
C. Punitive theory 5. B
D. Non- punitive theory 6. B
26. It is the Latin term referring to "caught in the 7. D
act" of performing a crime. 8. D
A. Nullum Crimen 9. A
B. Dura lex sed lex 10. D
C. Ignorancia lex excusat 11. D
D. none of these 12. D
13. B
27. Any act committed or omitted in violation of a 14. B
public law forbidding or commanding it. 15. B
A. legal act 16. A
B. Crime 17. A
C. Poena 18. B
D. Punishment 19. B
20. B
28. A rule of conduct, just, obligatory, enacted by 21. B
legitimate authority for the common observance 22. A
and benefit. 23. B
A. Regulation 24. A
B. City Ordinance 25. B
C. Law 26. D
D. Lawful Act 27. B
29. The Latin term POENA means: 28. C
A. Penalty 29. B
B. Pain
C. Punishment
D. Police

Answer: Criminal Procedure 1

1. B
2. A
3. D
4. A
5. B
6. D
7. C
8. D
9. C
10. A
11. A
12. A
13. A
14. A
15. A
16. A
17. A
18. C
19. B
20. C

Answers: Criminal Jurisprudence 2

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