QUESTION AND ANSWER IN
CRIMINAL LAW AND JURISPRUDENCE
CRIMINAL PROCEDURE
SET 2
By: Charlemagne James P. Ramos
1. What do you call the record of the court where the
proceedings of the court or the judgment of the court is
recorded in case the accused failed to appear for the
promulgation of judgment despite notice
A. Log book
B. Record book
C. Criminal docket book
D. Folio of the case.
1. What do you call the record of the court where the
proceedings of the court or the judgment of the court is
recorded in case the accused failed to appear for the
promulgation of judgment despite notice
A. Log book
B. Record book
C. Criminal docket book
D. Folio of the case.
2. Criminal cases where the penalty prescribed by law for
the offense charged does not exceed six months fall under
the rule on
A. Regular procedure
B. Summary procedure
C. Criminal procedure
D. Civil procedure
2. Criminal cases where the penalty prescribed by law for
the offense charged does not exceed six months fall under
the rule on
A. Regular procedure
B. Summary procedure
C. Criminal procedure
D. Civil procedure
3. It refers to a territorial unit where the power of
the court is to be exercised.
A. Jurisdiction
B. Trial courts
C. Venue
D. Territory
3. It refers to a territorial unit where the power of
the court is to be exercised.
A. Jurisdiction
B. Trial courts
C. Venue
D. Territory
4. It is the examination before a competent court or
tribunal, according to the laws of the land, of the
facts in issue for the purpose of determining such
issue.
A. Pre – Trial
B. Arraignment
C. New Trial
D. Trial
4. It is the examination before a competent court or
tribunal, according to the laws of the land, of the
facts in issue for the purpose of determining such
issue.
A. Pre – Trial
B. Arraignment
C. New Trial
D. Trial
5. If the accused appears to be suffering from an unsound
mental condition, which effectively renders him unable to
fully understand the charge against him to plead
intelligently.
A. The criminal charged must shall be dismissed
B. The arraignment shall be suspended
C. The trial shall be suspended
D. All of the foregoing
5. If the accused appears to be suffering from an unsound
mental condition, which effectively renders him unable to
fully understand the charge against him to plead
intelligently.
A. The criminal charged must shall be dismissed
B. The arraignment shall be suspended
C. The trial shall be suspended
D. All of the foregoing
6. The following are included as a reason for the
postponement of trial:
I. That the witness is really material to which the courts agrees
II. That no similar evidence could be obtained without negligence
on the party applying for postponement
III. That the court docket is full
IV. That the prosecutor is sick
A. I and II only C. I only
B. III only D. I,II,III,IV
6. The following are included as a reason for the
postponement of trial:
I. That the witness is really material to which the courts agrees
II. That no similar evidence could be obtained without negligence
on the party applying for postponement
III. That the court docket is full
IV. That the prosecutor is sick
A. I and II only C. I only
B. III only D. I,II,III,IV
7. In determining the probable cause, it is required that
A. The judge must examine the complaint and his
witnesses personally
B. The examination must be under oath
C. The examination must be in writing in the form of
searching questions and answers
D. All of the foregoing
7. In determining the probable cause, it is required that
A. The judge must examine the complaint and his
witnesses personally
B. The examination must be under oath
C. The examination must be in writing in the form of
searching questions and answers
D. All of the foregoing
8. The following are the requisites for the issuance of a
search warrant EXCEPT
A. It must be issued upon probable cause
B. The probable cause must be determined personally
by the judge
C. Particularly describing the place to be searched
D. Particularly describing the person to be seized
8. The following are the requisites for the issuance of a
search warrant EXCEPT
A. It must be issued upon probable cause
B. The probable cause must be determined personally
by the judge
C. Particularly describing the place to be searched
D. Particularly describing the person to be seized
9. The following statements are false, EXCEPT
A. The accused may enter his plea by counsel
B. The accused must personally enter his plea
C. The accused may excuse/waive arraignment
D. The accused may be arraigned in a court other than
where the case is assigned
9. The following statements are false, EXCEPT
A. The accused may enter his plea by counsel
B. The accused must personally enter his plea
C. The accused may excuse/waive arraignment
D. The accused may be arraigned in a court other than
where the case is assigned
10. It is the way or method fixed by law for the
apprehension and prosecution of persons suspected or
having committed a crime. It includes the imposition of
penalty in case of conviction. What is it?
A. Criminal procedure C. accusatorial system
B. Inquisitorial scheme D. civil code
10. It is the way or method fixed by law for the
apprehension and prosecution of persons suspected or
having committed a crime. It includes the imposition of
penalty in case of conviction. What is it?
A. Criminal procedure C. accusatorial system
B. Inquisitorial scheme D. civil code
11. Maybe defined as the security given for the release of
a person in custody of law, furnished by him or a
bondsman, to guarantee his appearance before any court
as required under the conditions herein specified.
A. Pardon
B. Bail
C. Probation
D. Parole
11. Maybe defined as the security given for the release of
a person in custody of law, furnished by him or a
bondsman, to guarantee his appearance before any court
as required under the conditions herein specified.
A. Pardon
B. Bail
C. Probation
D. Parole
12. In what instances is a warrant of arrest is not
necessary?
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. When the penalty is fine only
D. All of the Foregoing
12. In what instances is a warrant of arrest is not
necessary?
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. When the penalty is fine only
D. All of the Foregoing
13. One of the following is not included as a reason for
the postponement of trial.
I. That the witness is really material to which the courts
agrees
II. That no similar evidence could be obtained without
negligence on the party applying for postponement
III. That the court docket is full
A. I and II C. I and III
B. III only D. II only
13. One of the following is not included as a reason for
the postponement of trial.
I. That the witness is really material to which the courts
agrees
II. That no similar evidence could be obtained without
negligence on the party applying for postponement
III. That the court docket is full
A. I and II C. I and III
B. III only D. II only
14. When a court is satisfied, upon proof or oath,
that a material witness will not testify when
required, it may upon motion of either party order
the witness to __________
A. To be excused.
B. To post bail.
C. To be included in the information.
D. To be arrested.
14. When a court is satisfied, upon proof or oath,
that a material witness will not testify when
required, it may upon motion of either party order
the witness to __________
A. To be excused.
B. To post bail.
C. To be included in the information.
D. To be arrested.
15. During the pending of his case, X died due to
heart attack. His untimely death resulted in
A. Postponement of the case
B. Suspension of the case
C. Dismissal of the case
D. None of the above
15. During the pending of his case, X died due to
heart attack. His untimely death resulted in
A. Postponement of the case
B. Suspension of the case
C. Dismissal of the case
D. None of the above
16. It is defined as an accusation in writing charging
a person with an offense subscribed by the fiscal
and filed with the court.
A. Information
B. Complaint
C. Action
D. Police blotter
16. It is defined as an accusation in writing charging
a person with an offense subscribed by the fiscal
and filed with the court.
A. Information
B. Complaint
C. Action
D. Police blotter
17. Are search warrants by the courts of law
always issued in the name of the Philippines?
A. no C. possible
B. it depends D. yes
17. Are search warrants by the courts of law
always issued in the name of the Philippines?
A. no C. possible
B. it depends D. yes
18. The offender who is still undergoing preliminary
investigation at the prosecutor’s office is referred to
as
A. Respondent
B. Suspect
C. Accused
D. Defendant
18. The offender who is still undergoing preliminary
investigation at the prosecutor’s office is referred to
as
A. Respondent
B. Suspect
C. Accused
D. Defendant
19. In this jurisdiction, when two or more accused
are jointly charged with any offense, they shall be
tried jointly. Separate trial is _________
A. Within sound discretion of the court.
B. A constitutional requirement.
C. Statutory requirement.
D. Mandatory.
19. In this jurisdiction, when two or more accused
are jointly charged with any offense, they shall be
tried jointly. Separate trial is _________
A. Within sound discretion of the court.
B. A constitutional requirement.
C. Statutory requirement.
D. Mandatory.
20. After arraignment, the accused failed to appear
in the subsequent trial dates. The trial can proceed
even in the absence of the accused and such
situation is termed as what?
A. absent accused C. trial in absentia
B. escaped accused D. trial on merit
20. After arraignment, the accused failed to appear
in the subsequent trial dates. The trial can proceed
even in the absence of the accused and such
situation is termed as what?
A. absent accused C. trial in absentia
B. escaped accused D. trial on merit
21. What doctrine does not allow evidence
obtained by the police officers in an illegal searched
and seizures to be used against the accused?
A. Exclusionary doctrine
B. Miranda ruling
C. Fruit of poisonous tree
D. Silver plater
21. What doctrine does not allow evidence
obtained by the police officers in an illegal searched
and seizures to be used against the accused?
A. Exclusionary doctrine
B. Miranda ruling
C. Fruit of poisonous tree
D. Silver plater
22. In the preceding question what if it allows the
evidence obtained by the police officers in an illegal
searched and seizures to be used against the
accused?
A. Exclusionary doctrine
B. Miranda ruling
C. Fruit of poisonous tree
D. Silver plater
22. In the preceding question what if it allows the
evidence obtained by the police officers in an illegal
searched and seizures to be used against the
accused?
A. Exclusionary doctrine
B. Miranda ruling
C. Fruit of poisonous tree
D. Silver plater
23. To be state witness, one of the accused must
voluntarily execute a sworn statement in support of
his discharge. If the court denies the motion to
discharge said accused filed before the prosecution
rest its case, his sworn statement shall be as
_______________
A. Admissible in evidence.
B. Inadmissible evidence.
C. Admitted as material evidence.
D. Conditionally admitted as material evidence.
23. To be state witness, one of the accused must
voluntarily execute a sworn statement in support of
his discharge. If the court denies the motion to
discharge said accused filed before the prosecution
rest its case, his sworn statement shall be as
_______________
A. Admissible in evidence.
B. Inadmissible evidence.
C. Admitted as material evidence.
D. Conditionally admitted as material evidence.
24. Under our existing criminal procedure, who
automatically enter a plea of not guilty if the
accused refuse to plea?
A. prosecutor C. court
B. guardian D. defense lawyer
24. Under our existing criminal procedure, who
automatically enter a plea of not guilty if the
accused refuse to plea?
A. prosecutor C. court
B. guardian D. defense lawyer
25. In the preceding question, the on its own
initiative or automatic plea made is called as?
A. Motu proprio C. trial on merit
B. Non bis in idem D. De officio
25. In the preceding question, the on its own
initiative or automatic plea made is called as?
A. Motu proprio C. trial on merit
B. Non bis in idem D. De officio
26. The number of days the accused has to prepare 
for trial after a plea of not guilty is entered.
A. At least 30 days
B. At least 15 days 
C. At least 20 days
D. At least 60 days
26. The number of days the accused has to prepare 
for trial after a plea of not guilty is entered.
A. At least 30 days
B. At least 15 days 
C. At least 20 days
D. At least 60 days
27. In the preceding question, after the plea of guilty was
made the trial shall commence _________
A. Within 30 days from receipt of the pre‐trial order.
B. Within 45 days from receipt of the pre‐trial order.
C. Within 20 days from receipt of the pre‐trial order.
D. Within 15 days from receipt of the pre‐trial order.
27. In the preceding question, after the plea of guilty was
made the trial shall commence _________
A. Within 30 days from receipt of the pre‐trial order.
B. Within 45 days from receipt of the pre‐trial order.
C. Within 20 days from receipt of the pre‐trial order.
D. Within 15 days from receipt of the pre‐trial order.
28. Under the penal laws and jurisprudence, all criminal
prosecutions in the entire country shall be done by the
prosecutor. Is there an instant where a private lawyer hired
by the victim can prosecute a case even without the
presence of the public prosecutor? The answer is yes,
however, the said private lawyer shall secure written
authority from the city prosecutor to what?
A. Behave C. continue
B. Defend D. prosecute
28. Under the penal laws and jurisprudence, all criminal
prosecutions in the entire country shall be done by the
prosecutor. Is there an instant where a private lawyer hired
by the victim can prosecute a case even without the
presence of the public prosecutor? The answer is yes,
however, the said private lawyer shall secure written
authority from the city prosecutor to what?
A. Behave C. continue
B. Defend D. prosecute
29. This requirement imports the degree of proof
necessary to convict an accused of the crime of
treason consisting of the testimony of two witnesses
to the same over act.
A. Dangerous tendency rule
B. All of the foregoing
C. Two witness rule
D. None of the foregoing
29. This requirement imports the degree of proof
necessary to convict an accused of the crime of
treason consisting of the testimony of two witnesses
to the same over act.
A. Dangerous tendency rule
B. All of the foregoing
C. Two witness rule
D. None of the foregoing
30. The status of an essential witness whenever his
whereabouts are unknown or his whereabouts
cannot be determined by due diligence.
A. Unavailable
B. Absent
C. Hostile
D. Adverse
30. The status of an essential witness whenever his
whereabouts are unknown or his whereabouts
cannot be determined by due diligence.
A. Unavailable
B. Absent
C. Hostile
D. Adverse
31. In putting up self‐defense in criminal
prosecution, as prober, you have to determine the
existence of the most important element which is
what?
A. deliberate C. motive
B. actual killing D. unlawful aggression
31. In putting up self‐defense in criminal
prosecution, as prober, you have to determine the
existence of the most important element which is
what?
A. deliberate C. motive
B. actual killing D. unlawful aggression
32. One reason for the re‐opening of trial of a case.
A. The case is appealable
B. Newly discovered evidence
C. The appearance of an essential witness
D. To avoid miscarriage of justice upon motion and
with hearing
32. One reason for the re‐opening of trial of a case.
A. The case is appealable
B. Newly discovered evidence
C. The appearance of an essential witness
D. To avoid miscarriage of justice upon motion and
with hearing
33. Pre‐trail conference in criminal cases is
mandatory. One of the matters that should be taken
during the said proceeding is stipulation and
admission of facts. The purpose of entering into a
stipulation or admission of facts is to what?
A. Ensure justice and fair play
B. making sure of facts
C. expedite trial
D. corroborate either side party
33. Pre‐trail conference in criminal cases is
mandatory. One of the matters that should be taken
during the said proceeding is stipulation and
admission of facts. The purpose of entering into a
stipulation or admission of facts is to what?
A. Ensure justice and fair play
B. making sure of facts
C. expedite trial
D. corroborate either side party
34. The law that prescribes certain rights of a person
arrested, detained or under custodial investigation
and the guidelines, procedure and responsibilities of
the arresting, detaining and investigating officer is
A. B.P. 129, as amended
B. R.A 7691
C. R.A. 8294
D. R.A. 7438
34. The law that prescribes certain rights of a person
arrested, detained or under custodial investigation
and the guidelines, procedure and responsibilities of
the arresting, detaining and investigating officer is
A. B.P. 129, as amended
B. R.A 7691
C. R.A. 8294
D. R.A. 7438
35. After the prosecution has rested its case, the
accused file a motion to dismiss, with or without
leave of court; this rule is known as:
A. Bill of particulars
B. Demurrer to evidence
C. Summary proceeding
D. Motion to quash
35. After the prosecution has rested its case, the
accused file a motion to dismiss, with or without
leave of court; this rule is known as:
A. Bill of particulars
B. Demurrer to evidence
C. Summary proceeding
D. Motion to quash
36. The right to bail is a matter of right except when
the accused is charged with a capital offense and
the evidence of guilt is what?
A. enough C. divisible
B. strong D. determined
36. The right to bail is a matter of right except when
the accused is charged with a capital offense and
the evidence of guilt is what?
A. enough C. divisible
B. strong D. determined
37. The purpose of the habitual delinquency law is
to confine the prisoner for a longer period of time
for the purpose of protecting the?
A. Witnesses C. complaint
B. Victim D. society
37. The purpose of the habitual delinquency law is
to confine the prisoner for a longer period of time
for the purpose of protecting the?
A. Witnesses C. complaint
B. Victim D. society
38. The entire trial period should not exceed
______ from the first day of trial, except if
authorized by special law or by the SC circulars.
A. 120 days C. 90 days
B. 180 days D. 60 days
38. The entire trial period should not exceed
______ from the first day of trial, except if
authorized by special law or by the SC circulars.
A. 120 days C. 90 days
B. 180 days D. 60 days
39. In habeas corpus proceedings, any person may
apply for a writ on behalf of the aggrieved part. The
important issue in such a case is deprivation of
one’s?
A. Honor C. liberty
B. reputation D. property
39. In habeas corpus proceedings, any person may
apply for a writ on behalf of the aggrieved part. The
important issue in such a case is deprivation of
one’s?
A. Honor C. liberty
B. reputation D. property
40. Requisite before recall of a witness.
A. Leading Question
B. Misleading Question
C. Impeachment
D. Leave of Court
40. Requisite before recall of a witness.
A. Leading Question
B. Misleading Question
C. Impeachment
D. Leave of Court
41. What is this search warrant wherein it fails to
sufficiently specify the place or person to be
searched or things to be seized?
A. General C. alias
B. borderless D. major
41. What is this search warrant wherein it fails to
sufficiently specify the place or person to be
searched or things to be seized?
A. General C. alias
B. borderless D. major
42. As a general rule, the silence of the accused should
not prejudice him the following are exception:
I. If the prosecution has already established a prima facie
case
II. If the defense of the accused is an alibi
III. If the defense of the accused is self‐defense
A. I and II C. I only
B. II only D. III only
42. As a general rule, the silence of the accused should
not prejudice him the following are exception:
I. If the prosecution has already established a prima facie
case
II. If the defense of the accused is an alibi
III. If the defense of the accused is self‐defense
A. I and II C. I only
B. II only D. III only
43. When a person is lawfully arrested without a warrant of
arrest involving an offense, which requires a preliminary
investigation, the complaint or information may be filed
without need of such investigation, provided an _______ has
been conducted in accordance with existing law or
procedure
A. Preliminary investigation
B. Preliminary examination
C. Inquest proceeding
D. Fact finding investigation.
43. When a person is lawfully arrested without a warrant of
arrest involving an offense, which requires a preliminary
investigation, the complaint or information may be filed
without need of such investigation, provided an _______ has
been conducted in accordance with existing law or
procedure
A. Preliminary investigation
B. Preliminary examination
C. Inquest proceeding
D. Fact finding investigation.
44. Under the revised rule on summary procedure,
the filing of criminal cases falling within the scope of
that rule shall be either by complaint or what?
A. Indictment C. information
B. charge sheet D. None
44. Under the revised rule on summary procedure,
the filing of criminal cases falling within the scope of
that rule shall be either by complaint or what?
A. Indictment C. information
B. charge sheet D. None
45. After the prosecution rested its case, the accused filed a
demurrer to evidence. Would double jeopardy be a valid
defense if he charged again with the same offense against?
A. Yes, because the dismissal is tantamount to acquittal.
B. Yes, the case was not terminated on its own merits.
C. No, because the dismissal is with his consent or upon his
own motion.
D. No, The case was not terminated on its merits hence
double jeopardy is not a valid defense.
45. After the prosecution rested its case, the accused filed a
demurrer to evidence. Would double jeopardy be a valid
defense if he charged again with the same offense against?
A. Yes, because the dismissal is tantamount to acquittal.
B. Yes, the case was not terminated on its own merits.
C. No, because the dismissal is with his consent or upon his
own motion.
D. No, The case was not terminated on its merits hence
double jeopardy is not a valid defense.
46. If the accused refuses to plea the accusation
during arraignment, what will be the automatic plea
to be entered?
A. Denial C. waiver
B. not guilty D. guilty
46. If the accused refuses to plea the accusation
during arraignment, what will be the automatic plea
to be entered?
A. Denial C. waiver
B. not guilty D. guilty
47. The person, who is authorized by law to grant
probation to an accused convicted of a crime, is
A. President of the Philippines
B. Director of Prisons
C. Trial Court Judge
D. Jail Warden
47. The person, who is authorized by law to grant
probation to an accused convicted of a crime, is
A. President of the Philippines
B. Director of Prisons
C. Trial Court Judge
D. Jail Warden
48. When the judge directed the prosecutor to
‘qualify the witness’, what does it mean? Witness is?
A. To take an oath
B. An expert witness
C. Ready for trial
D. Due for cross examination
48. When the judge directed the prosecutor to
‘qualify the witness’, what does it mean? Witness is?
A. To take an oath
B. An expert witness
C. Ready for trial
D. Due for cross examination
49. At the hearing of an application for admission to
bail, the __________ has the burden of showing that
the evidence of guilt is strong.
A. Prosecution
B. Defense
C. Court
D. Bailiff
49. At the hearing of an application for admission to
bail, the __________ has the burden of showing that
the evidence of guilt is strong.
A. Prosecution
B. Defense
C. Court
D. Bailiff
50. The Judiciary Reorganization Act is otherwise
known as
A. PD 1612
B. BP 186
C. RA 7695
D. BP 129
50. The Judiciary Reorganization Act is otherwise
known as
A. PD 1612
B. BP 186
C. RA 7695
D. BP 129
51. It is the adjudication by the court that the
accused is guilty or not guilty of the offense
charged, and the imposition of the proper penalty
and civil liability provided for by law on the accused.
A. Sentence C. Acquittal
B. Interlocutory D. Judgment
51. It is the adjudication by the court that the
accused is guilty or not guilty of the offense
charged, and the imposition of the proper penalty
and civil liability provided for by law on the accused.
A. Sentence C. Acquittal
B. Interlocutory D. Judgment
52. If the motion to quash is based on an alleged
defect in the complaint/information, the court shall
order its?
A. Amendment C. accuracy
B. culpability D. particulars
52. If the motion to quash is based on an alleged
defect in the complaint/information, the court shall
order its?
A. Amendment C. accuracy
B. culpability D. particulars
53. In a judgment of acquittal, the court has
____________
I. Authority to reprimand
II. No authority to reprimand the accused
III. Authority to call a conference the counsels of the
prosecution and defense
A. I only C. II only
B. I and III D. III only
53. In a judgment of acquittal, the court has
____________
I. Authority to reprimand
II. No authority to reprimand the accused
III. Authority to call a conference the counsels of the
prosecution and defense
A. I only C. II only
B. I and III D. III only
54. Under the rules of court, the lifetime of a
search warrant is how many days from its
issuance?
A. 5 b. 10 c. 20 d. 8
54. Under the rules of court, the lifetime of a
search warrant is how many days from its
issuance?
A. 5 b. 10 c. 20 d. 8
55. In case of acquittal, the judgment shall make a finding
on the civil liability of the accused in favor of the offended
party, the following are exception:
I. The guilty party die before judgment.
II. The guilty party die after judgment.
III. There is a clear showing that the act from which the civil
liability might arise did not exist.
IV. There is a clear showing that the act from which the civil
liability might arise did exist.
A. I and III only C. I,II,III
B. I only only D. II and III only
55. In case of acquittal, the judgment shall make a finding
on the civil liability of the accused in favor of the offended
party, the following are exception:
I. The guilty party die before judgment.
II. The guilty party die after judgment.
III. There is a clear showing that the act from which the civil
liability might arise did not exist.
IV. There is a clear showing that the act from which the civil
liability might arise did exist.
A. I and III only C. I,II,III
B. I only only D. II and III only
56. The number of days the accused has to prepare
for trial after a plea of not guilty is entered
A. Within 30 days
B. Within 45 days
C. Within 15 days
D. All of the above
56. The number of days the accused has to prepare
for trial after a plea of not guilty is entered
A. Within 30 days
B. Within 45 days
C. Within 15 days
D. All of the above
57. The accused pleaded guilty when arraigned. However,
since the charge is a capital offense, the court directed the
prosecution to present its star witness. In the middle of the
testimony of the eyewitness, the accused changed his mind
and requested the trial court to allow him to change his plea
of ‘guilty’ to ‘not guilty’. Is it legal?
A. No
B. Yes
C. possible
D. it depends
57. The accused pleaded guilty when arraigned. However,
since the charge is a capital offense, the court directed the
prosecution to present its star witness. In the middle of the
testimony of the eyewitness, the accused changed his mind
and requested the trial court to allow him to change his plea
of ‘guilty’ to ‘not guilty’. Is it legal?
A. No
B. Yes
C. possible
D. it depends
58. In the preceding question the accused may
change only due to what?
A. Mistake of fact
B. Palpable mistake
C. Misapprehension of facts
D. Ignorance
58. In the preceding question the accused may
change only due to what?
A. Mistake of fact
B. Palpable mistake
C. Misapprehension of facts
D. Ignorance
59. A person designated to assist destitute litigants.
A. Counsel de parte
B. Attorney at law
C. Attorney on record
D. Counsel de officio
59. A person designated to assist destitute litigants.
A. Counsel de parte
B. Attorney at law
C. Attorney on record
D. Counsel de officio
60. What do you call the wooden hammer like
instrument being used by judges during hearings?
A. Gavel
B. shaver
C. swivel
D. mallet
60. What do you call the wooden hammer like
instrument being used by judges during hearings?
A. Gavel
B. shaver
C. swivel
D. mallet
61. What is the stage of the proceedings in court
where the plea bargaining, stipulation of facts,
markings of exhibits, etc are considered or
discussed?
A. Pre‐trial conference
B. Trial
C. Arraignment
D. Preliminary conference
61. What is the stage of the proceedings in court
where the plea bargaining, stipulation of facts,
markings of exhibits, etc are considered or
discussed?
A. Pre‐trial conference
B. Trial
C. Arraignment
D. Preliminary conference
62. When the evidence presented in court during
trial by the State and the accused are of equal
weight, which will prevail?
A. It depends
B. Accused
C. State
D. None
62. When the evidence presented in court during
trial by the State and the accused are of equal
weight, which will prevail?
A. It depends
B. Accused
C. State
D. None
63. At what time may the accused move to quash
the complaint or information?
A. At any time before his arrest
B. Only after entering his plea
C. At any time before entering his plea
D. All of the foregoing
63. At what time may the accused move to quash
the complaint or information?
A. At any time before his arrest
B. Only after entering his plea
C. At any time before entering his plea
D. All of the foregoing
64. The degree of proof required to establish the
crime is similar to that of establishing conspiracy and
that is proof beyond reasonable?
A. Necessity C. doubt
B. Motive D. fault
64. The degree of proof required to establish the
crime is similar to that of establishing conspiracy and
that is proof beyond reasonable?
A. Necessity C. doubt
B. Motive D. fault
65. The allegation in the complaint or information of
the place where the offense was committed
determines the:
A. Trial
B. Proceedings
C. Venue
D. Plea
65. The allegation in the complaint or information of
the place where the offense was committed
determines the:
A. Trial
B. Proceedings
C. Venue
D. Plea
66. A solemn and formal declaration or assertion
that the witness will tell the truth is called:
A. Statement
B. Promise
C. Affirmation
D. Declaration
66. A solemn and formal declaration or assertion
that the witness will tell the truth is called:
A. Statement
B. Promise
C. Affirmation
D. Declaration
67. It is concerned with the procedural steps through
which a criminal case passes, commencing with the initial
investigation of a crime and concluding with the
unconditional release of the offender.
A. Evidence
B. Criminal procedure
C. Criminal law
D. Crime
67. It is concerned with the procedural steps through
which a criminal case passes, commencing with the initial
investigation of a crime and concluding with the
unconditional release of the offender.
A. Evidence
B. Criminal procedure
C. Criminal law
D. Crime
68. It is a generic term used to describe the network
of laws and rules which govern the procedural
administration of criminal justice.
A. Evidence
B. Criminal procedure
C. Criminal law
D. Crime
68. It is a generic term used to describe the network
of laws and rules which govern the procedural
administration of criminal justice.
A. Evidence
B. Criminal procedure
C. Criminal law
D. Crime
69. It is the authority to hear and decide a particular
offense and impose punishment for it.
A. Jurisdiction
B. Criminal Jurisdiction
C. Police power
D. All of the above
69. It is the authority to hear and decide a particular
offense and impose punishment for it.
A. Jurisdiction
B. Criminal Jurisdiction
C. Police power
D. All of the above
70. It is the authority to hear and try a case.
A. Jurisdiction
B. Criminal Jurisdiction
C. Police power
D. All of the above
70. It is the authority to hear and try a case.
A. Jurisdiction
B. Criminal Jurisdiction
C. Police power
D. All of the above
71. judgment become final after the lapse of the
period for
A. Presentation of evidence by the prosecution
B. Presentation of evidence by the defense
counsel
C. Perfecting an appeal
D. All of the foregoing
71. judgment become final after the lapse of the
period for
A. Presentation of evidence by the prosecution
B. Presentation of evidence by the defense
counsel
C. Perfecting an appeal
D. All of the foregoing
72. In order for a court to validly exercise
jurisdiction the following must be present:
I. Jurisdiction over the person of the accused
II. Jurisdiction over the subject matter
III. Jurisdiction over the territory
IV. Jurisdiction the case
A. I, II, III C. I and II
B. I and III D. I,II, III, IV
72. In order for a court to validly exercise
jurisdiction the following must be present:
I. Jurisdiction over the person of the accused
II. Jurisdiction over the subject matter
III. Jurisdiction over the territory
IV. Jurisdiction the case
A. I, II, III C. I and II
B. I and III D. I,II, III, IV
73. _______ are cases of the general class where the
proceedings in question belong as determined by the
nature of the offense and the penalty imposed by
law.
A. Jurisdiction over the person of the accused
B. Jurisdiction over the subject matter
C. Jurisdiction over the territory
D. Jurisdiction the case
73. _______ are cases of the general class where the
proceedings in question belong as determined by the
nature of the offense and the penalty imposed by
law.
A. Jurisdiction over the person of the accused
B. Jurisdiction over the subject matter
C. Jurisdiction over the territory
D. Jurisdiction the case
74. ________ is the geographical limits of the
territory over which the court presides and where
the offense was committed.
A. Jurisdiction over the person of the accused
B. Jurisdiction over the subject matter
C. Jurisdiction over the territory
D. Jurisdiction the case
74. ________ is the geographical limits of the
territory over which the court presides and where
the offense was committed.
A. Jurisdiction over the person of the accused
B. Jurisdiction over the subject matter
C. Jurisdiction over the territory
D. Jurisdiction the case
75. ________ is acquired thru arrest (with warrant or
warrantless) or by voluntary surrender.
A. Jurisdiction over the person of the accused
B. Jurisdiction over the subject matter
C. Jurisdiction over the territory
D. Jurisdiction the case
75. ________ is acquired thru arrest (with warrant or
warrantless) or by voluntary surrender.
A. Jurisdiction over the person of the accused
B. Jurisdiction over the subject matter
C. Jurisdiction over the territory
D. Jurisdiction the case
76. A complaint is one which:
A. Is a sworn written statement charging a person with
an offense
B. Is Executed and Subscribed by the Offended Party, Any
peace officer, or Other public officer charged with the
enforcement of the law violated.
C. Is may be filed in the Prosecutors office or directly to
the court
D. All of the above
76. A complaint is one which:
A. Is a sworn written statement charging a person with
an offense
B. Is Executed and Subscribed by the Offended Party, Any
peace officer, or Other public officer charged with the
enforcement of the law violated.
C. Is may be filed in the Prosecutors office or directly to
the court
D. All of the above
77. Any lawyer or members of the bar shall, at the request
of the person arrested or of another acting in his behalf,
have the right to visit and confer privately with such
person, in jail or any other place of custody at
A. Any hour of the working day only
B. Any hour of the day or, in urgent cases, of the night
C. Any hour of Saturdays and Sundays
D. Any hour of the designated visiting day only
77. Any lawyer or members of the bar shall, at the request
of the person arrested or of another acting in his behalf,
have the right to visit and confer privately with such
person, in jail or any other place of custody at
A. Any hour of the working day only
B. Any hour of the day or, in urgent cases, of the night
C. Any hour of Saturdays and Sundays
D. Any hour of the designated visiting day only
78. A complaint is subscribed and executed by the
following:
A. Offended Party
B. Any peace officer
C. Other public officer charged with the
enforcement of the law violated.
D. All of the above
78. A complaint is subscribed and executed by the
following:
A. Offended Party
B. Any peace officer
C. Other public officer charged with the
enforcement of the law violated.
D. All of the above
79. An information is one which:
A. Is an accusation in writing
B. Is subscribed by the Prosecutor
C. Is filed with the court
D. All of the above
79. An information is one which:
A. Is an accusation in writing
B. Is subscribed by the Prosecutor
C. Is filed with the court
D. All of the above
80. A complaint and information are both
_________
A. In writing
B. In the name of the People of the Philippines
C. Directed against all persons who appear to be
responsible for the offense involved
D. All of the above
80. A complaint and information are both
_________
A. In writing
B. In the name of the People of the Philippines
C. Directed against all persons who appear to be
responsible for the offense involved
D. All of the above
81. Refers to the family history or descendant 
transmitted from one generation to another.
A. Pedigree
B. Reputation
C. Privies
D. None of the above
81. Refers to the family history or descendant 
transmitted from one generation to another.
A. Pedigree
B. Reputation
C. Privies
D. None of the above
82. The complaint or information should state the
following EXCEPT
A. Name of the offended party
B. The designation of the offense by the state
C. Name of the accused
D. Name of the court
82. The complaint or information should state the
following EXCEPT
A. Name of the offended party
B. The designation of the offense by the state
C. Name of the accused
D. Name of the court
83. A complaint or information is sufficient in form if it
states the following:
I. The Name of the accused
II. The Designation of the offense given by the statute
III. The Acts or omissions complained of as constituting the
offense
IV. The Name of the offended party
V. The Approximate date of the commission of the offense
VI. The Place where the offense was committed.
A. I,II,III,IV,V,VI C. I,II,III,IV
B. I,II,III,IV,V D. I,II,III
83. A complaint or information is sufficient in form if it
states the following:
I. The Name of the accused
II. The Designation of the offense given by the statute
III. The Acts or omissions complained of as constituting the
offense
IV. The Name of the offended party
V. The Approximate date of the commission of the offense
VI. The Place where the offense was committed.
A. I,II,III,IV,V,VI C. I,II,III,IV
B. I,II,III,IV,V D. I,II,III
84. The following are elements of complaint or
information :
I. Formal elements
II. Substantive elements
III. Designation elements
A. I and II only C. I only
B. I, II, III D. II only
84. The following are elements of complaint or
information :
I. Formal elements
II. Substantive elements
III. Designation elements
A. I and II only C. I only
B. I, II, III D. II only
85. A complaint or information is sufficient in
substance if it does contain any of the defects which
is a ground for a motion to quash. This statement is.
A. Correct C. incorrect
B. Partially correct D. It depends
85. A complaint or information is sufficient in
substance if it does contain any of the defects which
is a ground for a motion to quash. This statement is.
A. Correct C. incorrect
B. Partially correct D. It depends
86. What administrative matter was the Revised Rules of
Criminal Procedure promulgated by the Supreme Court of
the Philippines as part of the rules of court?
A. A.M. No. 00‐05‐03‐SC
B. A.M. No. 02‐2‐07‐SC
C. A.M. No. 05‐8‐26‐SC
D. B.P. 129
86. What administrative matter was the Revised Rules of
Criminal Procedure promulgated by the Supreme Court of
the Philippines as part of the rules of court?
A. A.M. No. 00‐05‐03‐SC
B. A.M. No. 02‐2‐07‐SC
C. A.M. No. 05‐8‐26‐SC
D. B.P. 129
87. In the preceding number on what date it was
promulgated?
A. December 1, 2000
B. December 8, 2001
C. December 1, 2001
D. December 2, 2000
87. In the preceding number on what date it was
promulgated?
A. December 1, 2000
B. December 8, 2001
C. December 1, 2001
D. December 2, 2000
88. It refers to the final determination by a Court of
competent jurisdiction of the issues submitted to in a
case such that after it is issued, the case ends if the
losing party does not appeal.
A. Interlocutory order
B. Summons
C. Subpoena
D. Judgment
88. It refers to the final determination by a Court of
competent jurisdiction of the issues submitted to in a
case such that after it is issued, the case ends if the
losing party does not appeal.
A. Interlocutory order
B. Summons
C. Subpoena
D. Judgment
89. It is a doctrine usually applied where the police
officers is not searching for evidence against the
accused but nonetheless inadvertently come across
incriminating objects.
A. Waiver or consented search
B. Stop and frisk
C. In flagrante delicto
D. Plain view
89. It is a doctrine usually applied where the police
officers is not searching for evidence against the
accused but nonetheless inadvertently come across
incriminating objects.
A. Waiver or consented search
B. Stop and frisk
C. In flagrante delicto
D. Plain view
90. The following are the requisites of an information
except
A. It must be filed by the offended party
B. It must charge the person with an offense
C. It must be subscribed by the prosecutor
D. It must be in writing
90. The following are the requisites of an information
except
A. It must be filed by the offended party
B. It must charge the person with an offense
C. It must be subscribed by the prosecutor
D. It must be in writing
91. What if the offended party is a corporation,
how do you indicate it in the complaint or
information?
A. Leave it blank
B. State the name of the corporation
C. Aver it in the charge sheet
D. State the name of the owner of the corporation
and the member who are guilty
91. What if the offended party is a corporation,
how do you indicate it in the complaint or
information?
A. Leave it blank
B. State the name of the corporation
C. Aver it in the charge sheet
D. State the name of the owner of the corporation
and the member who are guilty
92. What is the order of reverse trial?
A. Prosecution‐Defense‐Rebuttal‐Submission for
decision
B. Rebuttal‐Defense‐Prosecution‐Submission for
decision
C. Defense‐Prosecution‐Rebuttal‐Submission for
decision
D. Submission for decision‐Rebuttal‐Prosecution‐
Defense
92. What is the order of reverse trial?
A. Prosecution‐Defense‐Rebuttal‐Submission for
decision
B. Rebuttal‐Defense‐Prosecution‐Submission for
decision
C. Defense‐Prosecution‐Rebuttal‐Submission for
decision
D. Submission for decision‐Rebuttal‐Prosecution‐
Defense
93. After the cross examination of the witness, what
is the next procedure?
A. Direct examination
B. Re‐direct examination
C. Cross examination
D. Re‐cross examination
93. After the cross examination of the witness, what
is the next procedure?
A. Direct examination
B. Re‐direct examination
C. Cross examination
D. Re‐cross examination
94. In the preceding question, what if the offender is
the corporation how do you indicate it in the
complaint or information?
A. Leave it blank
B. State the name of the corporation
C. Aver it in the charge sheet
D. State the name of the owner of the corporation
and the member who are guilty
94. In the preceding question, what if the offender is
the corporation how do you indicate it in the
complaint or information?
A. Leave it blank
B. State the name of the corporation
C. Aver it in the charge sheet
D. State the name of the owner of the corporation
and the member who are guilty
95. Offenses involving criminal negligence where
the penalty of fines does not exceed a fine of
P10,000.00 is within the coverage of this rule.
A. Regular procedure
B. Ordinary procedure
C. Summary procedure
D. Any of the following
95. Offenses involving criminal negligence where
the penalty of fines does not exceed a fine of
P10,000.00 is within the coverage of this rule.
A. Regular procedure
B. Ordinary procedure
C. Summary procedure
D. Any of the following
96. The personal evaluation of the judge after the
filing of a case in court for the purpose of
determining the existence of a probable cause for
the issuance of a warrant of arrest.
A. Preliminary investigation
B. Preliminary examination
C. Criminal investigation
D. Inquest proceeding
96. The personal evaluation of the judge after the
filing of a case in court for the purpose of
determining the existence of a probable cause for
the issuance of a warrant of arrest.
A. Preliminary investigation
B. Preliminary examination
C. Criminal investigation
D. Inquest proceeding
97. The pre‐marking of evidence of the parties for
identification purposes are supposed to be made
during this stage of the proceedings
A. Arraignment
B. Trial proper
C. Pre‐trial conference
D. Direct examination
97. The pre‐marking of evidence of the parties for
identification purposes are supposed to be made
during this stage of the proceedings
A. Arraignment
B. Trial proper
C. Pre‐trial conference
D. Direct examination
98. An extra‐judicial confession made by an accused
shall not be sufficient and admissible unless it is in
A. Writing
B. Voluntarily given
C. Presence of his counsel
D. All of these
98. An extra‐judicial confession made by an accused
shall not be sufficient and admissible unless it is in
A. Writing
B. Voluntarily given
C. Presence of his counsel
D. All of these
99. Criminal actions requires preliminary
investigation by the proper officers where the
prescribed penalty at least
A. 6 months and 2 days
B. 4 years 2 months and 1 day
C. 6 years 2 months and 1 day
D. 4 years and 1 day
99. Criminal actions requires preliminary
investigation by the proper officers where the
prescribed penalty at least
A. 6 months and 2 days
B. 4 years 2 months and 1 day
C. 6 years 2 months and 1 day
D. 4 years and 1 day
100.An application for a search warrant can be made
in any court of the Philippines which has jurisdiction
over the subject matter
A. Wholly true
B. Partly true
C. Wholly false
D. Partly false
100.An application for a search warrant can be made
in any court of the Philippines which has jurisdiction
over the subject matter
A. Wholly true
B. Partly true
C. Wholly false
D. Partly false
*** END ***
“REPETITION IS THE KEY ON MEMORIZING”.

Criminal Procedure By Charlemagne James P. Ramos

  • 1.
  • 2.
    1. What doyou call the record of the court where the proceedings of the court or the judgment of the court is recorded in case the accused failed to appear for the promulgation of judgment despite notice A. Log book B. Record book C. Criminal docket book D. Folio of the case.
  • 3.
    1. What doyou call the record of the court where the proceedings of the court or the judgment of the court is recorded in case the accused failed to appear for the promulgation of judgment despite notice A. Log book B. Record book C. Criminal docket book D. Folio of the case.
  • 4.
    2. Criminal caseswhere the penalty prescribed by law for the offense charged does not exceed six months fall under the rule on A. Regular procedure B. Summary procedure C. Criminal procedure D. Civil procedure
  • 5.
    2. Criminal caseswhere the penalty prescribed by law for the offense charged does not exceed six months fall under the rule on A. Regular procedure B. Summary procedure C. Criminal procedure D. Civil procedure
  • 6.
    3. It refersto a territorial unit where the power of the court is to be exercised. A. Jurisdiction B. Trial courts C. Venue D. Territory
  • 7.
    3. It refersto a territorial unit where the power of the court is to be exercised. A. Jurisdiction B. Trial courts C. Venue D. Territory
  • 8.
    4. It isthe examination before a competent court or tribunal, according to the laws of the land, of the facts in issue for the purpose of determining such issue. A. Pre – Trial B. Arraignment C. New Trial D. Trial
  • 9.
    4. It isthe examination before a competent court or tribunal, according to the laws of the land, of the facts in issue for the purpose of determining such issue. A. Pre – Trial B. Arraignment C. New Trial D. Trial
  • 10.
    5. If theaccused appears to be suffering from an unsound mental condition, which effectively renders him unable to fully understand the charge against him to plead intelligently. A. The criminal charged must shall be dismissed B. The arraignment shall be suspended C. The trial shall be suspended D. All of the foregoing
  • 11.
    5. If theaccused appears to be suffering from an unsound mental condition, which effectively renders him unable to fully understand the charge against him to plead intelligently. A. The criminal charged must shall be dismissed B. The arraignment shall be suspended C. The trial shall be suspended D. All of the foregoing
  • 12.
    6. The followingare included as a reason for the postponement of trial: I. That the witness is really material to which the courts agrees II. That no similar evidence could be obtained without negligence on the party applying for postponement III. That the court docket is full IV. That the prosecutor is sick A. I and II only C. I only B. III only D. I,II,III,IV
  • 13.
    6. The followingare included as a reason for the postponement of trial: I. That the witness is really material to which the courts agrees II. That no similar evidence could be obtained without negligence on the party applying for postponement III. That the court docket is full IV. That the prosecutor is sick A. I and II only C. I only B. III only D. I,II,III,IV
  • 14.
    7. In determiningthe probable cause, it is required that A. The judge must examine the complaint and his witnesses personally B. The examination must be under oath C. The examination must be in writing in the form of searching questions and answers D. All of the foregoing
  • 15.
    7. In determiningthe probable cause, it is required that A. The judge must examine the complaint and his witnesses personally B. The examination must be under oath C. The examination must be in writing in the form of searching questions and answers D. All of the foregoing
  • 16.
    8. The followingare the requisites for the issuance of a search warrant EXCEPT A. It must be issued upon probable cause B. The probable cause must be determined personally by the judge C. Particularly describing the place to be searched D. Particularly describing the person to be seized
  • 17.
    8. The followingare the requisites for the issuance of a search warrant EXCEPT A. It must be issued upon probable cause B. The probable cause must be determined personally by the judge C. Particularly describing the place to be searched D. Particularly describing the person to be seized
  • 18.
    9. The followingstatements are false, EXCEPT A. The accused may enter his plea by counsel B. The accused must personally enter his plea C. The accused may excuse/waive arraignment D. The accused may be arraigned in a court other than where the case is assigned
  • 19.
    9. The followingstatements are false, EXCEPT A. The accused may enter his plea by counsel B. The accused must personally enter his plea C. The accused may excuse/waive arraignment D. The accused may be arraigned in a court other than where the case is assigned
  • 20.
    10. It isthe way or method fixed by law for the apprehension and prosecution of persons suspected or having committed a crime. It includes the imposition of penalty in case of conviction. What is it? A. Criminal procedure C. accusatorial system B. Inquisitorial scheme D. civil code
  • 21.
    10. It isthe way or method fixed by law for the apprehension and prosecution of persons suspected or having committed a crime. It includes the imposition of penalty in case of conviction. What is it? A. Criminal procedure C. accusatorial system B. Inquisitorial scheme D. civil code
  • 22.
    11. Maybe definedas the security given for the release of a person in custody of law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions herein specified. A. Pardon B. Bail C. Probation D. Parole
  • 23.
    11. Maybe definedas the security given for the release of a person in custody of law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions herein specified. A. Pardon B. Bail C. Probation D. Parole
  • 24.
    12. In whatinstances is a warrant of arrest is not necessary? 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. When the penalty is fine only D. All of the Foregoing
  • 25.
    12. In whatinstances is a warrant of arrest is not necessary? 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. When the penalty is fine only D. All of the Foregoing
  • 26.
    13. One ofthe following is not included as a reason for the postponement of trial. I. That the witness is really material to which the courts agrees II. That no similar evidence could be obtained without negligence on the party applying for postponement III. That the court docket is full A. I and II C. I and III B. III only D. II only
  • 27.
    13. One ofthe following is not included as a reason for the postponement of trial. I. That the witness is really material to which the courts agrees II. That no similar evidence could be obtained without negligence on the party applying for postponement III. That the court docket is full A. I and II C. I and III B. III only D. II only
  • 28.
    14. When acourt is satisfied, upon proof or oath, that a material witness will not testify when required, it may upon motion of either party order the witness to __________ A. To be excused. B. To post bail. C. To be included in the information. D. To be arrested.
  • 29.
    14. When acourt is satisfied, upon proof or oath, that a material witness will not testify when required, it may upon motion of either party order the witness to __________ A. To be excused. B. To post bail. C. To be included in the information. D. To be arrested.
  • 30.
    15. During thepending of his case, X died due to heart attack. His untimely death resulted in A. Postponement of the case B. Suspension of the case C. Dismissal of the case D. None of the above
  • 31.
    15. During thepending of his case, X died due to heart attack. His untimely death resulted in A. Postponement of the case B. Suspension of the case C. Dismissal of the case D. None of the above
  • 32.
    16. It isdefined as an accusation in writing charging a person with an offense subscribed by the fiscal and filed with the court. A. Information B. Complaint C. Action D. Police blotter
  • 33.
    16. It isdefined as an accusation in writing charging a person with an offense subscribed by the fiscal and filed with the court. A. Information B. Complaint C. Action D. Police blotter
  • 34.
    17. Are searchwarrants by the courts of law always issued in the name of the Philippines? A. no C. possible B. it depends D. yes
  • 35.
    17. Are searchwarrants by the courts of law always issued in the name of the Philippines? A. no C. possible B. it depends D. yes
  • 36.
    18. The offenderwho is still undergoing preliminary investigation at the prosecutor’s office is referred to as A. Respondent B. Suspect C. Accused D. Defendant
  • 37.
    18. The offenderwho is still undergoing preliminary investigation at the prosecutor’s office is referred to as A. Respondent B. Suspect C. Accused D. Defendant
  • 38.
    19. In thisjurisdiction, when two or more accused are jointly charged with any offense, they shall be tried jointly. Separate trial is _________ A. Within sound discretion of the court. B. A constitutional requirement. C. Statutory requirement. D. Mandatory.
  • 39.
    19. In thisjurisdiction, when two or more accused are jointly charged with any offense, they shall be tried jointly. Separate trial is _________ A. Within sound discretion of the court. B. A constitutional requirement. C. Statutory requirement. D. Mandatory.
  • 40.
    20. After arraignment,the accused failed to appear in the subsequent trial dates. The trial can proceed even in the absence of the accused and such situation is termed as what? A. absent accused C. trial in absentia B. escaped accused D. trial on merit
  • 41.
    20. After arraignment,the accused failed to appear in the subsequent trial dates. The trial can proceed even in the absence of the accused and such situation is termed as what? A. absent accused C. trial in absentia B. escaped accused D. trial on merit
  • 42.
    21. What doctrinedoes not allow evidence obtained by the police officers in an illegal searched and seizures to be used against the accused? A. Exclusionary doctrine B. Miranda ruling C. Fruit of poisonous tree D. Silver plater
  • 43.
    21. What doctrinedoes not allow evidence obtained by the police officers in an illegal searched and seizures to be used against the accused? A. Exclusionary doctrine B. Miranda ruling C. Fruit of poisonous tree D. Silver plater
  • 44.
    22. In thepreceding question what if it allows the evidence obtained by the police officers in an illegal searched and seizures to be used against the accused? A. Exclusionary doctrine B. Miranda ruling C. Fruit of poisonous tree D. Silver plater
  • 45.
    22. In thepreceding question what if it allows the evidence obtained by the police officers in an illegal searched and seizures to be used against the accused? A. Exclusionary doctrine B. Miranda ruling C. Fruit of poisonous tree D. Silver plater
  • 46.
    23. To bestate witness, one of the accused must voluntarily execute a sworn statement in support of his discharge. If the court denies the motion to discharge said accused filed before the prosecution rest its case, his sworn statement shall be as _______________ A. Admissible in evidence. B. Inadmissible evidence. C. Admitted as material evidence. D. Conditionally admitted as material evidence.
  • 47.
    23. To bestate witness, one of the accused must voluntarily execute a sworn statement in support of his discharge. If the court denies the motion to discharge said accused filed before the prosecution rest its case, his sworn statement shall be as _______________ A. Admissible in evidence. B. Inadmissible evidence. C. Admitted as material evidence. D. Conditionally admitted as material evidence.
  • 48.
    24. Under ourexisting criminal procedure, who automatically enter a plea of not guilty if the accused refuse to plea? A. prosecutor C. court B. guardian D. defense lawyer
  • 49.
    24. Under ourexisting criminal procedure, who automatically enter a plea of not guilty if the accused refuse to plea? A. prosecutor C. court B. guardian D. defense lawyer
  • 50.
    25. In thepreceding question, the on its own initiative or automatic plea made is called as? A. Motu proprio C. trial on merit B. Non bis in idem D. De officio
  • 51.
    25. In thepreceding question, the on its own initiative or automatic plea made is called as? A. Motu proprio C. trial on merit B. Non bis in idem D. De officio
  • 52.
  • 53.
  • 54.
    27. In thepreceding question, after the plea of guilty was made the trial shall commence _________ A. Within 30 days from receipt of the pre‐trial order. B. Within 45 days from receipt of the pre‐trial order. C. Within 20 days from receipt of the pre‐trial order. D. Within 15 days from receipt of the pre‐trial order.
  • 55.
    27. In thepreceding question, after the plea of guilty was made the trial shall commence _________ A. Within 30 days from receipt of the pre‐trial order. B. Within 45 days from receipt of the pre‐trial order. C. Within 20 days from receipt of the pre‐trial order. D. Within 15 days from receipt of the pre‐trial order.
  • 56.
    28. Under thepenal laws and jurisprudence, all criminal prosecutions in the entire country shall be done by the prosecutor. Is there an instant where a private lawyer hired by the victim can prosecute a case even without the presence of the public prosecutor? The answer is yes, however, the said private lawyer shall secure written authority from the city prosecutor to what? A. Behave C. continue B. Defend D. prosecute
  • 57.
    28. Under thepenal laws and jurisprudence, all criminal prosecutions in the entire country shall be done by the prosecutor. Is there an instant where a private lawyer hired by the victim can prosecute a case even without the presence of the public prosecutor? The answer is yes, however, the said private lawyer shall secure written authority from the city prosecutor to what? A. Behave C. continue B. Defend D. prosecute
  • 58.
    29. This requirementimports the degree of proof necessary to convict an accused of the crime of treason consisting of the testimony of two witnesses to the same over act. A. Dangerous tendency rule B. All of the foregoing C. Two witness rule D. None of the foregoing
  • 59.
    29. This requirementimports the degree of proof necessary to convict an accused of the crime of treason consisting of the testimony of two witnesses to the same over act. A. Dangerous tendency rule B. All of the foregoing C. Two witness rule D. None of the foregoing
  • 60.
    30. The statusof an essential witness whenever his whereabouts are unknown or his whereabouts cannot be determined by due diligence. A. Unavailable B. Absent C. Hostile D. Adverse
  • 61.
    30. The statusof an essential witness whenever his whereabouts are unknown or his whereabouts cannot be determined by due diligence. A. Unavailable B. Absent C. Hostile D. Adverse
  • 62.
    31. In puttingup self‐defense in criminal prosecution, as prober, you have to determine the existence of the most important element which is what? A. deliberate C. motive B. actual killing D. unlawful aggression
  • 63.
    31. In puttingup self‐defense in criminal prosecution, as prober, you have to determine the existence of the most important element which is what? A. deliberate C. motive B. actual killing D. unlawful aggression
  • 64.
    32. One reasonfor the re‐opening of trial of a case. A. The case is appealable B. Newly discovered evidence C. The appearance of an essential witness D. To avoid miscarriage of justice upon motion and with hearing
  • 65.
    32. One reasonfor the re‐opening of trial of a case. A. The case is appealable B. Newly discovered evidence C. The appearance of an essential witness D. To avoid miscarriage of justice upon motion and with hearing
  • 66.
    33. Pre‐trail conferencein criminal cases is mandatory. One of the matters that should be taken during the said proceeding is stipulation and admission of facts. The purpose of entering into a stipulation or admission of facts is to what? A. Ensure justice and fair play B. making sure of facts C. expedite trial D. corroborate either side party
  • 67.
    33. Pre‐trail conferencein criminal cases is mandatory. One of the matters that should be taken during the said proceeding is stipulation and admission of facts. The purpose of entering into a stipulation or admission of facts is to what? A. Ensure justice and fair play B. making sure of facts C. expedite trial D. corroborate either side party
  • 68.
    34. The lawthat prescribes certain rights of a person arrested, detained or under custodial investigation and the guidelines, procedure and responsibilities of the arresting, detaining and investigating officer is A. B.P. 129, as amended B. R.A 7691 C. R.A. 8294 D. R.A. 7438
  • 69.
    34. The lawthat prescribes certain rights of a person arrested, detained or under custodial investigation and the guidelines, procedure and responsibilities of the arresting, detaining and investigating officer is A. B.P. 129, as amended B. R.A 7691 C. R.A. 8294 D. R.A. 7438
  • 70.
    35. After theprosecution has rested its case, the accused file a motion to dismiss, with or without leave of court; this rule is known as: A. Bill of particulars B. Demurrer to evidence C. Summary proceeding D. Motion to quash
  • 71.
    35. After theprosecution has rested its case, the accused file a motion to dismiss, with or without leave of court; this rule is known as: A. Bill of particulars B. Demurrer to evidence C. Summary proceeding D. Motion to quash
  • 72.
    36. The rightto bail is a matter of right except when the accused is charged with a capital offense and the evidence of guilt is what? A. enough C. divisible B. strong D. determined
  • 73.
    36. The rightto bail is a matter of right except when the accused is charged with a capital offense and the evidence of guilt is what? A. enough C. divisible B. strong D. determined
  • 74.
    37. The purposeof the habitual delinquency law is to confine the prisoner for a longer period of time for the purpose of protecting the? A. Witnesses C. complaint B. Victim D. society
  • 75.
    37. The purposeof the habitual delinquency law is to confine the prisoner for a longer period of time for the purpose of protecting the? A. Witnesses C. complaint B. Victim D. society
  • 76.
    38. The entiretrial period should not exceed ______ from the first day of trial, except if authorized by special law or by the SC circulars. A. 120 days C. 90 days B. 180 days D. 60 days
  • 77.
    38. The entiretrial period should not exceed ______ from the first day of trial, except if authorized by special law or by the SC circulars. A. 120 days C. 90 days B. 180 days D. 60 days
  • 78.
    39. In habeascorpus proceedings, any person may apply for a writ on behalf of the aggrieved part. The important issue in such a case is deprivation of one’s? A. Honor C. liberty B. reputation D. property
  • 79.
    39. In habeascorpus proceedings, any person may apply for a writ on behalf of the aggrieved part. The important issue in such a case is deprivation of one’s? A. Honor C. liberty B. reputation D. property
  • 80.
    40. Requisite beforerecall of a witness. A. Leading Question B. Misleading Question C. Impeachment D. Leave of Court
  • 81.
    40. Requisite beforerecall of a witness. A. Leading Question B. Misleading Question C. Impeachment D. Leave of Court
  • 82.
    41. What isthis search warrant wherein it fails to sufficiently specify the place or person to be searched or things to be seized? A. General C. alias B. borderless D. major
  • 83.
    41. What isthis search warrant wherein it fails to sufficiently specify the place or person to be searched or things to be seized? A. General C. alias B. borderless D. major
  • 84.
    42. As ageneral rule, the silence of the accused should not prejudice him the following are exception: I. If the prosecution has already established a prima facie case II. If the defense of the accused is an alibi III. If the defense of the accused is self‐defense A. I and II C. I only B. II only D. III only
  • 85.
    42. As ageneral rule, the silence of the accused should not prejudice him the following are exception: I. If the prosecution has already established a prima facie case II. If the defense of the accused is an alibi III. If the defense of the accused is self‐defense A. I and II C. I only B. II only D. III only
  • 86.
    43. When aperson is lawfully arrested without a warrant of arrest involving an offense, which requires a preliminary investigation, the complaint or information may be filed without need of such investigation, provided an _______ has been conducted in accordance with existing law or procedure A. Preliminary investigation B. Preliminary examination C. Inquest proceeding D. Fact finding investigation.
  • 87.
    43. When aperson is lawfully arrested without a warrant of arrest involving an offense, which requires a preliminary investigation, the complaint or information may be filed without need of such investigation, provided an _______ has been conducted in accordance with existing law or procedure A. Preliminary investigation B. Preliminary examination C. Inquest proceeding D. Fact finding investigation.
  • 88.
    44. Under therevised rule on summary procedure, the filing of criminal cases falling within the scope of that rule shall be either by complaint or what? A. Indictment C. information B. charge sheet D. None
  • 89.
    44. Under therevised rule on summary procedure, the filing of criminal cases falling within the scope of that rule shall be either by complaint or what? A. Indictment C. information B. charge sheet D. None
  • 90.
    45. After theprosecution rested its case, the accused filed a demurrer to evidence. Would double jeopardy be a valid defense if he charged again with the same offense against? A. Yes, because the dismissal is tantamount to acquittal. B. Yes, the case was not terminated on its own merits. C. No, because the dismissal is with his consent or upon his own motion. D. No, The case was not terminated on its merits hence double jeopardy is not a valid defense.
  • 91.
    45. After theprosecution rested its case, the accused filed a demurrer to evidence. Would double jeopardy be a valid defense if he charged again with the same offense against? A. Yes, because the dismissal is tantamount to acquittal. B. Yes, the case was not terminated on its own merits. C. No, because the dismissal is with his consent or upon his own motion. D. No, The case was not terminated on its merits hence double jeopardy is not a valid defense.
  • 92.
    46. If theaccused refuses to plea the accusation during arraignment, what will be the automatic plea to be entered? A. Denial C. waiver B. not guilty D. guilty
  • 93.
    46. If theaccused refuses to plea the accusation during arraignment, what will be the automatic plea to be entered? A. Denial C. waiver B. not guilty D. guilty
  • 94.
    47. The person,who is authorized by law to grant probation to an accused convicted of a crime, is A. President of the Philippines B. Director of Prisons C. Trial Court Judge D. Jail Warden
  • 95.
    47. The person,who is authorized by law to grant probation to an accused convicted of a crime, is A. President of the Philippines B. Director of Prisons C. Trial Court Judge D. Jail Warden
  • 96.
    48. When thejudge directed the prosecutor to ‘qualify the witness’, what does it mean? Witness is? A. To take an oath B. An expert witness C. Ready for trial D. Due for cross examination
  • 97.
    48. When thejudge directed the prosecutor to ‘qualify the witness’, what does it mean? Witness is? A. To take an oath B. An expert witness C. Ready for trial D. Due for cross examination
  • 98.
    49. At thehearing of an application for admission to bail, the __________ has the burden of showing that the evidence of guilt is strong. A. Prosecution B. Defense C. Court D. Bailiff
  • 99.
    49. At thehearing of an application for admission to bail, the __________ has the burden of showing that the evidence of guilt is strong. A. Prosecution B. Defense C. Court D. Bailiff
  • 100.
    50. The JudiciaryReorganization Act is otherwise known as A. PD 1612 B. BP 186 C. RA 7695 D. BP 129
  • 101.
    50. The JudiciaryReorganization Act is otherwise known as A. PD 1612 B. BP 186 C. RA 7695 D. BP 129
  • 102.
    51. It isthe adjudication by the court that the accused is guilty or not guilty of the offense charged, and the imposition of the proper penalty and civil liability provided for by law on the accused. A. Sentence C. Acquittal B. Interlocutory D. Judgment
  • 103.
    51. It isthe adjudication by the court that the accused is guilty or not guilty of the offense charged, and the imposition of the proper penalty and civil liability provided for by law on the accused. A. Sentence C. Acquittal B. Interlocutory D. Judgment
  • 104.
    52. If themotion to quash is based on an alleged defect in the complaint/information, the court shall order its? A. Amendment C. accuracy B. culpability D. particulars
  • 105.
    52. If themotion to quash is based on an alleged defect in the complaint/information, the court shall order its? A. Amendment C. accuracy B. culpability D. particulars
  • 106.
    53. In ajudgment of acquittal, the court has ____________ I. Authority to reprimand II. No authority to reprimand the accused III. Authority to call a conference the counsels of the prosecution and defense A. I only C. II only B. I and III D. III only
  • 107.
    53. In ajudgment of acquittal, the court has ____________ I. Authority to reprimand II. No authority to reprimand the accused III. Authority to call a conference the counsels of the prosecution and defense A. I only C. II only B. I and III D. III only
  • 108.
    54. Under therules of court, the lifetime of a search warrant is how many days from its issuance? A. 5 b. 10 c. 20 d. 8
  • 109.
    54. Under therules of court, the lifetime of a search warrant is how many days from its issuance? A. 5 b. 10 c. 20 d. 8
  • 110.
    55. In caseof acquittal, the judgment shall make a finding on the civil liability of the accused in favor of the offended party, the following are exception: I. The guilty party die before judgment. II. The guilty party die after judgment. III. There is a clear showing that the act from which the civil liability might arise did not exist. IV. There is a clear showing that the act from which the civil liability might arise did exist. A. I and III only C. I,II,III B. I only only D. II and III only
  • 111.
    55. In caseof acquittal, the judgment shall make a finding on the civil liability of the accused in favor of the offended party, the following are exception: I. The guilty party die before judgment. II. The guilty party die after judgment. III. There is a clear showing that the act from which the civil liability might arise did not exist. IV. There is a clear showing that the act from which the civil liability might arise did exist. A. I and III only C. I,II,III B. I only only D. II and III only
  • 112.
    56. The numberof days the accused has to prepare for trial after a plea of not guilty is entered A. Within 30 days B. Within 45 days C. Within 15 days D. All of the above
  • 113.
    56. The numberof days the accused has to prepare for trial after a plea of not guilty is entered A. Within 30 days B. Within 45 days C. Within 15 days D. All of the above
  • 114.
    57. The accusedpleaded guilty when arraigned. However, since the charge is a capital offense, the court directed the prosecution to present its star witness. In the middle of the testimony of the eyewitness, the accused changed his mind and requested the trial court to allow him to change his plea of ‘guilty’ to ‘not guilty’. Is it legal? A. No B. Yes C. possible D. it depends
  • 115.
    57. The accusedpleaded guilty when arraigned. However, since the charge is a capital offense, the court directed the prosecution to present its star witness. In the middle of the testimony of the eyewitness, the accused changed his mind and requested the trial court to allow him to change his plea of ‘guilty’ to ‘not guilty’. Is it legal? A. No B. Yes C. possible D. it depends
  • 116.
    58. In thepreceding question the accused may change only due to what? A. Mistake of fact B. Palpable mistake C. Misapprehension of facts D. Ignorance
  • 117.
    58. In thepreceding question the accused may change only due to what? A. Mistake of fact B. Palpable mistake C. Misapprehension of facts D. Ignorance
  • 118.
    59. A persondesignated to assist destitute litigants. A. Counsel de parte B. Attorney at law C. Attorney on record D. Counsel de officio
  • 119.
    59. A persondesignated to assist destitute litigants. A. Counsel de parte B. Attorney at law C. Attorney on record D. Counsel de officio
  • 120.
    60. What doyou call the wooden hammer like instrument being used by judges during hearings? A. Gavel B. shaver C. swivel D. mallet
  • 121.
    60. What doyou call the wooden hammer like instrument being used by judges during hearings? A. Gavel B. shaver C. swivel D. mallet
  • 122.
    61. What isthe stage of the proceedings in court where the plea bargaining, stipulation of facts, markings of exhibits, etc are considered or discussed? A. Pre‐trial conference B. Trial C. Arraignment D. Preliminary conference
  • 123.
    61. What isthe stage of the proceedings in court where the plea bargaining, stipulation of facts, markings of exhibits, etc are considered or discussed? A. Pre‐trial conference B. Trial C. Arraignment D. Preliminary conference
  • 124.
    62. When theevidence presented in court during trial by the State and the accused are of equal weight, which will prevail? A. It depends B. Accused C. State D. None
  • 125.
    62. When theevidence presented in court during trial by the State and the accused are of equal weight, which will prevail? A. It depends B. Accused C. State D. None
  • 126.
    63. At whattime may the accused move to quash the complaint or information? A. At any time before his arrest B. Only after entering his plea C. At any time before entering his plea D. All of the foregoing
  • 127.
    63. At whattime may the accused move to quash the complaint or information? A. At any time before his arrest B. Only after entering his plea C. At any time before entering his plea D. All of the foregoing
  • 128.
    64. The degreeof proof required to establish the crime is similar to that of establishing conspiracy and that is proof beyond reasonable? A. Necessity C. doubt B. Motive D. fault
  • 129.
    64. The degreeof proof required to establish the crime is similar to that of establishing conspiracy and that is proof beyond reasonable? A. Necessity C. doubt B. Motive D. fault
  • 130.
    65. The allegationin the complaint or information of the place where the offense was committed determines the: A. Trial B. Proceedings C. Venue D. Plea
  • 131.
    65. The allegationin the complaint or information of the place where the offense was committed determines the: A. Trial B. Proceedings C. Venue D. Plea
  • 132.
    66. A solemnand formal declaration or assertion that the witness will tell the truth is called: A. Statement B. Promise C. Affirmation D. Declaration
  • 133.
    66. A solemnand formal declaration or assertion that the witness will tell the truth is called: A. Statement B. Promise C. Affirmation D. Declaration
  • 134.
    67. It isconcerned with the procedural steps through which a criminal case passes, commencing with the initial investigation of a crime and concluding with the unconditional release of the offender. A. Evidence B. Criminal procedure C. Criminal law D. Crime
  • 135.
    67. It isconcerned with the procedural steps through which a criminal case passes, commencing with the initial investigation of a crime and concluding with the unconditional release of the offender. A. Evidence B. Criminal procedure C. Criminal law D. Crime
  • 136.
    68. It isa generic term used to describe the network of laws and rules which govern the procedural administration of criminal justice. A. Evidence B. Criminal procedure C. Criminal law D. Crime
  • 137.
    68. It isa generic term used to describe the network of laws and rules which govern the procedural administration of criminal justice. A. Evidence B. Criminal procedure C. Criminal law D. Crime
  • 138.
    69. It isthe authority to hear and decide a particular offense and impose punishment for it. A. Jurisdiction B. Criminal Jurisdiction C. Police power D. All of the above
  • 139.
    69. It isthe authority to hear and decide a particular offense and impose punishment for it. A. Jurisdiction B. Criminal Jurisdiction C. Police power D. All of the above
  • 140.
    70. It isthe authority to hear and try a case. A. Jurisdiction B. Criminal Jurisdiction C. Police power D. All of the above
  • 141.
    70. It isthe authority to hear and try a case. A. Jurisdiction B. Criminal Jurisdiction C. Police power D. All of the above
  • 142.
    71. judgment becomefinal after the lapse of the period for A. Presentation of evidence by the prosecution B. Presentation of evidence by the defense counsel C. Perfecting an appeal D. All of the foregoing
  • 143.
    71. judgment becomefinal after the lapse of the period for A. Presentation of evidence by the prosecution B. Presentation of evidence by the defense counsel C. Perfecting an appeal D. All of the foregoing
  • 144.
    72. In orderfor a court to validly exercise jurisdiction the following must be present: I. Jurisdiction over the person of the accused II. Jurisdiction over the subject matter III. Jurisdiction over the territory IV. Jurisdiction the case A. I, II, III C. I and II B. I and III D. I,II, III, IV
  • 145.
    72. In orderfor a court to validly exercise jurisdiction the following must be present: I. Jurisdiction over the person of the accused II. Jurisdiction over the subject matter III. Jurisdiction over the territory IV. Jurisdiction the case A. I, II, III C. I and II B. I and III D. I,II, III, IV
  • 146.
    73. _______ arecases of the general class where the proceedings in question belong as determined by the nature of the offense and the penalty imposed by law. A. Jurisdiction over the person of the accused B. Jurisdiction over the subject matter C. Jurisdiction over the territory D. Jurisdiction the case
  • 147.
    73. _______ arecases of the general class where the proceedings in question belong as determined by the nature of the offense and the penalty imposed by law. A. Jurisdiction over the person of the accused B. Jurisdiction over the subject matter C. Jurisdiction over the territory D. Jurisdiction the case
  • 148.
    74. ________ isthe geographical limits of the territory over which the court presides and where the offense was committed. A. Jurisdiction over the person of the accused B. Jurisdiction over the subject matter C. Jurisdiction over the territory D. Jurisdiction the case
  • 149.
    74. ________ isthe geographical limits of the territory over which the court presides and where the offense was committed. A. Jurisdiction over the person of the accused B. Jurisdiction over the subject matter C. Jurisdiction over the territory D. Jurisdiction the case
  • 150.
    75. ________ isacquired thru arrest (with warrant or warrantless) or by voluntary surrender. A. Jurisdiction over the person of the accused B. Jurisdiction over the subject matter C. Jurisdiction over the territory D. Jurisdiction the case
  • 151.
    75. ________ isacquired thru arrest (with warrant or warrantless) or by voluntary surrender. A. Jurisdiction over the person of the accused B. Jurisdiction over the subject matter C. Jurisdiction over the territory D. Jurisdiction the case
  • 152.
    76. A complaintis one which: A. Is a sworn written statement charging a person with an offense B. Is Executed and Subscribed by the Offended Party, Any peace officer, or Other public officer charged with the enforcement of the law violated. C. Is may be filed in the Prosecutors office or directly to the court D. All of the above
  • 153.
    76. A complaintis one which: A. Is a sworn written statement charging a person with an offense B. Is Executed and Subscribed by the Offended Party, Any peace officer, or Other public officer charged with the enforcement of the law violated. C. Is may be filed in the Prosecutors office or directly to the court D. All of the above
  • 154.
    77. Any lawyeror members of the bar shall, at the request of the person arrested or of another acting in his behalf, have the right to visit and confer privately with such person, in jail or any other place of custody at A. Any hour of the working day only B. Any hour of the day or, in urgent cases, of the night C. Any hour of Saturdays and Sundays D. Any hour of the designated visiting day only
  • 155.
    77. Any lawyeror members of the bar shall, at the request of the person arrested or of another acting in his behalf, have the right to visit and confer privately with such person, in jail or any other place of custody at A. Any hour of the working day only B. Any hour of the day or, in urgent cases, of the night C. Any hour of Saturdays and Sundays D. Any hour of the designated visiting day only
  • 156.
    78. A complaintis subscribed and executed by the following: A. Offended Party B. Any peace officer C. Other public officer charged with the enforcement of the law violated. D. All of the above
  • 157.
    78. A complaintis subscribed and executed by the following: A. Offended Party B. Any peace officer C. Other public officer charged with the enforcement of the law violated. D. All of the above
  • 158.
    79. An informationis one which: A. Is an accusation in writing B. Is subscribed by the Prosecutor C. Is filed with the court D. All of the above
  • 159.
    79. An informationis one which: A. Is an accusation in writing B. Is subscribed by the Prosecutor C. Is filed with the court D. All of the above
  • 160.
    80. A complaintand information are both _________ A. In writing B. In the name of the People of the Philippines C. Directed against all persons who appear to be responsible for the offense involved D. All of the above
  • 161.
    80. A complaintand information are both _________ A. In writing B. In the name of the People of the Philippines C. Directed against all persons who appear to be responsible for the offense involved D. All of the above
  • 162.
  • 163.
  • 164.
    82. The complaintor information should state the following EXCEPT A. Name of the offended party B. The designation of the offense by the state C. Name of the accused D. Name of the court
  • 165.
    82. The complaintor information should state the following EXCEPT A. Name of the offended party B. The designation of the offense by the state C. Name of the accused D. Name of the court
  • 166.
    83. A complaintor information is sufficient in form if it states the following: I. The Name of the accused II. The Designation of the offense given by the statute III. The Acts or omissions complained of as constituting the offense IV. The Name of the offended party V. The Approximate date of the commission of the offense VI. The Place where the offense was committed. A. I,II,III,IV,V,VI C. I,II,III,IV B. I,II,III,IV,V D. I,II,III
  • 167.
    83. A complaintor information is sufficient in form if it states the following: I. The Name of the accused II. The Designation of the offense given by the statute III. The Acts or omissions complained of as constituting the offense IV. The Name of the offended party V. The Approximate date of the commission of the offense VI. The Place where the offense was committed. A. I,II,III,IV,V,VI C. I,II,III,IV B. I,II,III,IV,V D. I,II,III
  • 168.
    84. The followingare elements of complaint or information : I. Formal elements II. Substantive elements III. Designation elements A. I and II only C. I only B. I, II, III D. II only
  • 169.
    84. The followingare elements of complaint or information : I. Formal elements II. Substantive elements III. Designation elements A. I and II only C. I only B. I, II, III D. II only
  • 170.
    85. A complaintor information is sufficient in substance if it does contain any of the defects which is a ground for a motion to quash. This statement is. A. Correct C. incorrect B. Partially correct D. It depends
  • 171.
    85. A complaintor information is sufficient in substance if it does contain any of the defects which is a ground for a motion to quash. This statement is. A. Correct C. incorrect B. Partially correct D. It depends
  • 172.
    86. What administrativematter was the Revised Rules of Criminal Procedure promulgated by the Supreme Court of the Philippines as part of the rules of court? A. A.M. No. 00‐05‐03‐SC B. A.M. No. 02‐2‐07‐SC C. A.M. No. 05‐8‐26‐SC D. B.P. 129
  • 173.
    86. What administrativematter was the Revised Rules of Criminal Procedure promulgated by the Supreme Court of the Philippines as part of the rules of court? A. A.M. No. 00‐05‐03‐SC B. A.M. No. 02‐2‐07‐SC C. A.M. No. 05‐8‐26‐SC D. B.P. 129
  • 174.
    87. In thepreceding number on what date it was promulgated? A. December 1, 2000 B. December 8, 2001 C. December 1, 2001 D. December 2, 2000
  • 175.
    87. In thepreceding number on what date it was promulgated? A. December 1, 2000 B. December 8, 2001 C. December 1, 2001 D. December 2, 2000
  • 176.
    88. It refersto the final determination by a Court of competent jurisdiction of the issues submitted to in a case such that after it is issued, the case ends if the losing party does not appeal. A. Interlocutory order B. Summons C. Subpoena D. Judgment
  • 177.
    88. It refersto the final determination by a Court of competent jurisdiction of the issues submitted to in a case such that after it is issued, the case ends if the losing party does not appeal. A. Interlocutory order B. Summons C. Subpoena D. Judgment
  • 178.
    89. It isa doctrine usually applied where the police officers is not searching for evidence against the accused but nonetheless inadvertently come across incriminating objects. A. Waiver or consented search B. Stop and frisk C. In flagrante delicto D. Plain view
  • 179.
    89. It isa doctrine usually applied where the police officers is not searching for evidence against the accused but nonetheless inadvertently come across incriminating objects. A. Waiver or consented search B. Stop and frisk C. In flagrante delicto D. Plain view
  • 180.
    90. The followingare the requisites of an information except A. It must be filed by the offended party B. It must charge the person with an offense C. It must be subscribed by the prosecutor D. It must be in writing
  • 181.
    90. The followingare the requisites of an information except A. It must be filed by the offended party B. It must charge the person with an offense C. It must be subscribed by the prosecutor D. It must be in writing
  • 182.
    91. What ifthe offended party is a corporation, how do you indicate it in the complaint or information? A. Leave it blank B. State the name of the corporation C. Aver it in the charge sheet D. State the name of the owner of the corporation and the member who are guilty
  • 183.
    91. What ifthe offended party is a corporation, how do you indicate it in the complaint or information? A. Leave it blank B. State the name of the corporation C. Aver it in the charge sheet D. State the name of the owner of the corporation and the member who are guilty
  • 184.
    92. What isthe order of reverse trial? A. Prosecution‐Defense‐Rebuttal‐Submission for decision B. Rebuttal‐Defense‐Prosecution‐Submission for decision C. Defense‐Prosecution‐Rebuttal‐Submission for decision D. Submission for decision‐Rebuttal‐Prosecution‐ Defense
  • 185.
    92. What isthe order of reverse trial? A. Prosecution‐Defense‐Rebuttal‐Submission for decision B. Rebuttal‐Defense‐Prosecution‐Submission for decision C. Defense‐Prosecution‐Rebuttal‐Submission for decision D. Submission for decision‐Rebuttal‐Prosecution‐ Defense
  • 186.
    93. After thecross examination of the witness, what is the next procedure? A. Direct examination B. Re‐direct examination C. Cross examination D. Re‐cross examination
  • 187.
    93. After thecross examination of the witness, what is the next procedure? A. Direct examination B. Re‐direct examination C. Cross examination D. Re‐cross examination
  • 188.
    94. In thepreceding question, what if the offender is the corporation how do you indicate it in the complaint or information? A. Leave it blank B. State the name of the corporation C. Aver it in the charge sheet D. State the name of the owner of the corporation and the member who are guilty
  • 189.
    94. In thepreceding question, what if the offender is the corporation how do you indicate it in the complaint or information? A. Leave it blank B. State the name of the corporation C. Aver it in the charge sheet D. State the name of the owner of the corporation and the member who are guilty
  • 190.
    95. Offenses involvingcriminal negligence where the penalty of fines does not exceed a fine of P10,000.00 is within the coverage of this rule. A. Regular procedure B. Ordinary procedure C. Summary procedure D. Any of the following
  • 191.
    95. Offenses involvingcriminal negligence where the penalty of fines does not exceed a fine of P10,000.00 is within the coverage of this rule. A. Regular procedure B. Ordinary procedure C. Summary procedure D. Any of the following
  • 192.
    96. The personalevaluation of the judge after the filing of a case in court for the purpose of determining the existence of a probable cause for the issuance of a warrant of arrest. A. Preliminary investigation B. Preliminary examination C. Criminal investigation D. Inquest proceeding
  • 193.
    96. The personalevaluation of the judge after the filing of a case in court for the purpose of determining the existence of a probable cause for the issuance of a warrant of arrest. A. Preliminary investigation B. Preliminary examination C. Criminal investigation D. Inquest proceeding
  • 194.
    97. The pre‐markingof evidence of the parties for identification purposes are supposed to be made during this stage of the proceedings A. Arraignment B. Trial proper C. Pre‐trial conference D. Direct examination
  • 195.
    97. The pre‐markingof evidence of the parties for identification purposes are supposed to be made during this stage of the proceedings A. Arraignment B. Trial proper C. Pre‐trial conference D. Direct examination
  • 196.
    98. An extra‐judicialconfession made by an accused shall not be sufficient and admissible unless it is in A. Writing B. Voluntarily given C. Presence of his counsel D. All of these
  • 197.
    98. An extra‐judicialconfession made by an accused shall not be sufficient and admissible unless it is in A. Writing B. Voluntarily given C. Presence of his counsel D. All of these
  • 198.
    99. Criminal actionsrequires preliminary investigation by the proper officers where the prescribed penalty at least A. 6 months and 2 days B. 4 years 2 months and 1 day C. 6 years 2 months and 1 day D. 4 years and 1 day
  • 199.
    99. Criminal actionsrequires preliminary investigation by the proper officers where the prescribed penalty at least A. 6 months and 2 days B. 4 years 2 months and 1 day C. 6 years 2 months and 1 day D. 4 years and 1 day
  • 200.
    100.An application fora search warrant can be made in any court of the Philippines which has jurisdiction over the subject matter A. Wholly true B. Partly true C. Wholly false D. Partly false
  • 201.
    100.An application fora search warrant can be made in any court of the Philippines which has jurisdiction over the subject matter A. Wholly true B. Partly true C. Wholly false D. Partly false
  • 202.