COURSE AUDIT 1 & 2 / CRIMINAL PROCEDURE / BREVA D.C.

/ SET A / Page 1

1. Which among the foregoing may not be filed by the accused before c. When the offended party institutes the civil action before the criminal action.
arraignment? d. When the offended party reserves the right to institute a separate civil action.
a. Motion to quash c. Bill of lading 18. Amendment without court permission may be allowed in the following
b. Motion to suspend proceedings d. Bill of particulars instances, except:
2. Demurrer to evidence may be filed: a. Amendment as to form
a. After the prosecution has rested its case b. Amendment that downgrades the nature of the offense
b. After arraignment c. Amendment as to substance
c. After trial d. Amendment that reflects typographical errors.
d. After the defense has rested its case 19. In a preliminary investigation, which among the following may not be
3. Arraignment may be suspended in the following situations; except: submitted by the respondent?
a. A petition for review of the resolution of the prosecutor is pending with the a. Motion to dismiss c. Supporting documents
Department of Justice. b. Counter affidavit d. Witnesses’ counter affidavit
b. There exists a prejudicial question. 20. Where a preliminary investigation has been undertaken, warrant of arrest is not
c. The accused has been found to be of an unsound mental condition. necessary in the following circumstances, except:
d. There is probable cause to hold the accused for trial. a. When the penalty for the offense is a fine
4. Which among the following may not be undertaken during the pre-trial? b. When there is probable cause
a. Marking of evidence c. Stipulation of facts c. When warrant of arrest has already been issued
b. Examination of witnesses d. Plea bargaining d. When the information or complaint has been filed under section 7, rule 112.
5. For offenses punishable by prision mayor of higher, a provisional dismissal 21. Refers to the authority of the court to hear and decide cases.
shall become permanent ______ after the issuance of order without the case a. Venue c. Jurisdiction
having been revived. b. Criminal Procedure d. Jurisprudence
a. Six months c. Two years 22. Summary procedures may be applied in the following cases. Except;
b. One year d. Three years a. Violation of rental laws
party appealing the case. b. Violation of traffic laws, rules and regulations
a. Accused c. Violation of city or municipal ordinances
6. Refers to the party appealing the case. d. Criminal cases where the penalty prescribed for by law is imprisonment not
a. Accused c. Adverse party exceeding six years
b. Appellee d. Appellant 23. Court which exercises jurisdiction over cases involving RA 3019.
7. The rules allow the proceeding in the instant case to be re-opened to avoid a. Supreme Court c. Regional Trial Courts
miscarriage of justice: b. Court of Appeals d. Sandiganbayan
a. After the promulgation of judgment 24. In the Metropolitan Trial Courts, the complaint may be filed with:
b. Before promulgation of judgment a. Office of the prosecutor c. Office of the judge
c. After finality of the judgment for conviction b. Office of the clerk of court d. Office of the Ombudsman
d. Before the finality of judgment of conviction 25. Which among the following is not an essential requisite of a complaint or an
8. The following are valid venue for the application for search warrant, except: information?
a. Any regional trial court a. It must be filed in court
b. Any court within whose territorial jurisdiction the crime was committed b. It must be in writing
c. Any court within the judicial region where the crime was committed c. It must be in the name of the People of the Philippines
d. Any court within the judicial region where the warrant may be enforceable. d. It must be filed with the office of the prosecutor
9. Decisions of the Regional Trial Court may be appealed to the Court of Appeals 26. Generally, the following are requisites for an information, except:
by: a. The offended party
a. Petition for certiorari c. Petition for review on certiorari b. Any peace officer
b. Petition for review d. Notice of appeal c. Any public officer charged with the enforcement of the law violated
10. Within how many days after the prosecution has rested its case, may a motion d. Any Fiscal
for leave to file demurrer to evidence be filed? 27. In crimes involving adultery and concubinage, who may file the compliant?
a. 5 days c. 15 days a. The prosecutor
b. 10 days d. 30 days b. Any peace officer charged with enforcement of the law violated
11. Preliminary investigation is required before the filing of information or c. The offended spouse
complaint where the penalty for the offense is: d. All of the foregoing
a. At least 4 years, 2 months and 1-day c. Exceeding 6 years 28. The information or complaint should state the following except:
b. At least 6 years d. Exceeding 4 years, 2 months a. Name of the accused c. Name of the court
12. Which among the foregoing pleadings may be filed in a criminal case? b. Name of the offended party d. Designation of the offense by statute
a. Cross claim c. Third party complainant 29. When may the offended party be allowed to intervene in criminal cases?
b. Counterclaim d. Counter-affidavit a. When he has not waived the civil action
13. When may the reservation of the right to institute a separate civil action shall b. When he has waived the civil action
be made? c. When he has filed the civil action before filing the criminal case
a. Before the presentation of evidence of the prosecution d. When he has expressly reserved the right to institute a separate civil action.
b. Before the prosecution rests 30. When may bail be considered as a matter of discretion?
c. Before arraignment a. In capital offenses
d. During the pre-trial conference b. In cases involving graft and corrupt practices of government officials.
14. The following except one, are valid venues, where may petition for suspension c. In cases punishable by penalties which are not afflictive
of criminal action by reason of a pending prejudicial question in a civil d. In capital offenses when the evidence of guilt is strong
proceeding: 31. When may bail bond be cancelled?
a. Office of the prosecutor a. Acquittal of the accused
b. The court where the criminal case is pending b. Dismissal of the case
c. The court where the civil case is pending c. Execution of the final judgment of conviction
d. The court conducting preliminary investigation d. All of the foregoing
15. The foregoing offenses shall only be prosecuted upon a complaint of the 32. In fixing the amount of bail, which among the following is not essential?
offended party, her parents or grandparents except: a. Age and health of the accused
a. Rape c. Seduction b. Character and reputation of the accused
b. Abduction d. Acts of lasciviousness c. Probability that the accused will appear in the trial
16. In designating the offense, which among the following is not included in the d. None of the foregoing
complaint or information? 33. If the crime charged is unclear, what motion may be filed before the
a. Name of the offense c. Acts which constitute the offense arraignment?
b. Mitigating circumstances d. Aggravating circumstances a. Bill of particular c. Motion to quash
17. Civil action for the recovery of civil damages arising from a criminal offense b. Motion for new trial d. Motion to dismiss
is deemed instituted with the criminal action. This rule does not apply in the 34. When an accused is discharged as a state witness, it is comparable to:
following cases, except: a. Reprieve c. Conviction
a. When the offended party institutes the criminal action b. Acquittal d. Commutation
b. When the offended party waives the civil action
 COURSE AUDIT 1 & 2 / CRIMINAL PROCEDURE / BREVA D.C. / SET A / Page 2

35. Arraignment may be suspended when the accused appears to be of unsound b. Charge sheet d. Information
mental condition or the court finds the existence of a _________. 57. Prescription of the crime commences to run:
a. Valid prejudicial question c. Motion to dismiss a. Upon re-appearance of the accused
b. Motion to quash d. Bill of particulars b. Upon escape of the accused
36. In cases punishable by destierro, how many days or preventive detention is c. Upon discovery of the crime by the offended party
prescribed for by law? d. Upon filing of the complaint or information
a. 5 days c. 30 days 58. The duty of the party to present evidence to establish his claim is referred to
b. 15 days d. 60 days as:
37. Where may the application for bail be filed? a. Burden of proof c. Bill of particulars
a. Office of the prosecutor c. Court where the case is pending b. Burden of evidence d. Presentation of evidence
b. Office of the Ombudsman d. All of the foregoing 59. The law expanding the jurisdiction of the MTC.
38. Ground for demurrer to evidence: a. RA 7691 c. RA 7975
a. Insufficiency of evidence c. Motion to quash b. RA 7961 d. RA 7196
b. Irrelevant evidence d. Prejudicial question 60. Which among the following is not covered by the rules on summary
39. Refers to an undertaking constituted as a lien on real property given as a procedures?
security for the amount of bail. a. Violation of traffic laws
a. Surety bond c. Recognizance b. Violation of rental laws
b. Property bond d. Bail c. Where the penalty does not exceed 6 months’ imprisonment
40. A counsel de officio is generally given how many days to prepare for trial? d. Where the penalty is more than six months imprisonment
a. 2 days c. 5 days 61. In criminal cases, the person charged is referred to as:
b. 3 days d. 15 days a. Accused c. Defendant
41. What determines the jurisdiction in criminal cases? b. Suspect d. Respondent
a. Subject matter c. Person accused 62. The part of trial wherein the civil aspect of the case may be amicably settled.
b. Territory d. Extent of the penalty a. Plea bargaining c. Preliminary investigation
42. This system of criminal justice is conducted either at the initiative of the b. Hearing d. Pre-trial
public prosecutor or the offended party and the right to appeal is limited to the 63. In administrative cases the person charged is:
defense. a. Accused c. Defendant
a. Fixed c. Inquisitorial b. Suspect d. Respondent
b. Mixed d. Accusatorial 64. It is usually referred to as the court of first instance.
43. Defined as a method fixed by law for the apprehension and prosecution of a. Metropolitan trial court c. Court of appeals
persons alleged to have committed a crime, and for their punishment in case of b. Regional trial court d. Supreme court
conviction. 65. In rape cases, who among the following may file a complaint?
a. Criminal justice system c. Criminal procedure a. Offended party
b. Rules of court d. Rules of procedure b. Peace officer
44. A system characterized by the right to confrontation, to a public trial and be c. Public officer charged with enforcement of the law violated
heard by competent counsel. d. All of the foregoing
a. Fixed c. Inquisitorial 66. Who among the following may not conduct a preliminary investigation?
b. Mixed d. Accusatorial a. City or provincial fiscals and their assistants
45. Refers to a territorial unit where the power of the court is to be exercised. b. Judges of the MTC’s
a. Venue c. Jurisprudence c. National and regional prosecutors
b. Jurisdiction d. Trial courts d. DOJ personnel
46. The procedure in witness examination is: 67. Taking of a person into custody in order that he may be bound to answer for
a. Direct, cross, re-direct, re-cross examination the commission of an offense.
b. Direct, re-direct, cross, re-cross examination a. Detention c. Arrest
c. Cross, direct, re-direct, re-cross examination b. Restraint d. Seizure
d. Cross, direct, re-cross, re-direct examination 68. Refers to persons given by law the duty and power to exercise jurisdiction and
47. In the Philippines, the system of criminal procedure is: maintenance of peace and order as well as the protection of life liberty and
a. Fixed c. Inquisitorial property.
b. Mixed d. Accusatorial a. Persons in authority c. Policemen
48. A sworn statement charging a person with an offense subscribed by the b. Judges d. Prosecutors
offended party, any peace officer or other peace officer charged with the 69. Refers to a security given for the temporary release of a person in the custody
enforcement of the law violated. of the law.
a. Complaint c. Blotter a. Bond c. Surety
b. Charge sheet d. information b. Bail d. Insurance
49. Authority to hear and decide a case. 70. Which among the following is a non-bailable offense?
a. Venue c. Jurisprudence a. Rape b. Homicide c. Robbery d. Libel
b. Jurisdiction d. Hearing 71. It is not a necessity to file a complaint or information:
50. Jurisdiction of the court is said to be__________ when the law organizing a a. Name of the court c. Name of the offended party
court does not expressly enumerate the cause of which it may take cognizance. b. Name of the accused d. Designation of the offense by statute
a. Limited c. Appellate 72. The authority of the court to take cognizance of the case in the first instance is
b. General d. Original regarded as:
51. Which among the following may not be filed before the judgment becomes a. General jurisdiction c. Delegated jurisdiction
final? b. Original jurisdiction d. Appellate jurisdiction
a. Motion to quash c. Motion for new trial 73. Judiciary Reorganization Act:
b. Motion for reconsideration d. Notice of appeal a. PD 968 c. BP 129
52. Validity of the warrant of arrest expires: b. PD 1612 d. BP 22
a. After 10 days c. After 365 days 74. In the metropolitan courts, the complaints is filed with the:
b. After 30 days d. No fixed duration a. Office of the Secretary of justice c. Office of the Ombudsman
53. Lifetime of a search warrant: b. Office of the clerk of court d. Office of the prosecutor
a. 10 days c. 45 days 75. Cases on appeal on judgment rendered by a Municipal Trial Court shall be
b. 30 days d. 60 days elevated where?
54. In criminal cases, the People of the Philippines is the: a. Metropolitan Trial Court c. Court of Appeals
a. Plaintiff c. Offended party b. Regional Trial Court d. Supreme Court
b. Complainant d. Aggrieved party 76. Decisions rendered by the Court of appeals may be further elevated to what
55. In civil cases the person charged is called: court?
a. Accused c. Defendant a. Metropolitan Trial Court c. Court of Appeals
b. Suspect d. Respondent b. Regional Trial Court d. Supreme Court
56. Refers to an accusation in writing charging a person with an offense 77. A judicial examination and determination of the issues in an action or
subscribed by the fiscal and filed with the court. proceeding, civil or criminal.
a. Complaint c. Blotter a. Plea trial c. Plea bargaining
 COURSE AUDIT 1 & 2 / CRIMINAL PROCEDURE / BREVA D.C. / SET A / Page 3

b. Pretrial d. Trial a. At the arraignment c. After arraignment but before trial

78. Period provided for by law to post an appeal after receipt of judgment of b. Upon entering his plea d. During trial
conviction. 99. When may the accused admitted to bail be allowed to question the legality of
a. 5 days c. 15 days his arrest?
b. 10 days d. 30 days a. Before trial c. Before the preliminary investigation
79. Order of trial is: b. Before arraignment d. Before conviction
a. Prosecution, rebuttal, defense, submission for decision 100. An accused who pleads guilty but offers exculpatory evidence will cause an
b. Defense, prosecution, rebuttal, submission for decision effect of:
c. Prosecution, defense, rebuttal, submission for decision a. He is making a conditional plea
d. Defense, rebuttal, prosecution, submission for decision b. A plea of not guilty shall be entered for him
80. A geographical division in which the action is allowed to be brought. c. He shall be treated as guilty and will eventually be convicted
a. Venue c. Jurisprudence d. He will be treated as refusing his plea.
b. Jurisdiction d. Territory
81. A person designated by the court to assist destitute litigants.
a. Counsel c. Attorney at law
b. Attorney on record d. Counsel de officio 1. C 21. C 41. D 61. C 81. D
82. It refers to the answer given by the accused to a charge or indictment. 2. A 22. D 42. B 62. D 82. C
a. Reply c. Plea 3. D 23. D 43. C 63. D 83. A
b. Motion d. Confession 4. B 24. A 44. B 64. B 84. B
83. Generally, after a plea of not guilty is entered, how many days are given by 5. C 25. D 45. A 65. D 85. B
law for the accused to prepare for his trial. 6. D 26. D 46. A 66. D 86. D
a. 2 days c. 4 days 7. D 27. C 47. B 67. C 87. B
b. 3 days d. 5 days
8. A 28. C 48. A 68. A 88. D
84. Refers to the adjudication by the court that the accused is guilty of not guilty
9. D 29. A 49. B 69. B 89. C
of the offense charged, and the imposition of proper penalty and civil liability
10. A 30. D 50. B 70. A 90. A
provided for by law on the accused.
a. Conviction c. Decision 11. A 31. D 51. A 71. A 91. A
b. Judgment d. Conclusion 12. D 32. D 52. D 72. B 92. A
85. Days mandated by law for the perfection of a decision. 13. A 33. A 53. A 73. C 93. A
a. 10 days c. 30 days 14. C 34. B 54. A 74. D 94. A
b. 15 days d. 45 days 15. A 35. A 55. A 75. B 95. A
86. The foregoing personal property may be considered as objects of the search 16. B 36. C 56. D 76. D 96. D
warrant, except those which are: 17. A 37. C 57. C 77. D 97. D
a. Subject of the offense 18. B 38. D 58. A 78. C 98. D
b. Stolen or embezzled and other fruits of the crime 19. A 39. B 59. A 79. C 99. B
c. Used or intended to be used as a means of committing an offense 20. B 40. A 60. D 80. A 100. B
d. Property of the accused
87. A move for the annulment of the criminal charge made by an accused is:
a. Plea bargaining c. Motion to dismiss
b. Motion to quash d. Bill of particulars
88. When can arrest be made?
a. At any day c. At any time of the night
b. At any time of the day d. At any time of the day or night
89. Cases wherein the penalty does not exceed 6 months fall under the rule on:
a. Civil procedure c. Summary procedure
b. Criminal procedure d. Special procedure
90. The existence of a prejudicial question may cause the suspension of the:
a. Arraignment c. Trial
b. Judgment d. Preliminary investigation
91. Who among the following is not authorized to conduct a preliminary
investigation?
a. PNP chief c. MTC judges
b. City prosecutors d. Provincial prosecutors

92. Upon learning that a complaint or information has been filed without a
preliminary investigation, within how many days is allowed by the rules for the
accused to ask for a preliminary investigation?
a. 5 days c. 15 days
b. 10 days d. 30 days
93. If the judgment rendered by the trial court changes the nature of the offense
form a non-bailable to bailable, where can the bail application be resolved?
a. Appellate court c. Regional Trial Court
b. Trial court d. Metropolitan Trial Court
94. In which of the following instances is bail not considered as a matter of right?
a. Before conviction of the RTC imposing the death penalty
b. Before conviction of the RTC
c. Before conviction by the MTC
d. Before conviction of the RTC of an offense not punishable by death
95. Which among the following offense where bail may be applied?
a. Frustrated murder c. Parricide
b. Rape d. Murder
96. Refers to an offense under the law existing at the time of the commission and
application for admission to bail may be punished with death.
a. Heinous crime c. Capital punishment
b. Special crime d. Capital offense
97. A person may be released on bail in the following forms, except:
a. Corporate surety c. Property bond
b. Recognizance d. Performance bond
98. In the following instances the accused is allowed under the rules to plead
guilty, except: