- 1. Armed with a Certificate to File Action issued by the Lupon secretary after the conciliation proceedings failed in their barangay, Zuri went the the City PNP of Puerto Princesa to lodge her complaint against Arl Princess for slander by deed. After evaluating the complaint and the affidavit of Zuri and her witnesses, the City PNP is not ready to file the case. Where should the City file the complaint?
A) Office of the Prosecutor for the requisite preliminary investigation
B) Office of the City Prosecutor
C) Municipal Trial Court in Cities of Puerto Princesa for direct filing since the offense does not require preliminary investigation.
D) Office of the City Prosecutor for required preliminary investigation
- 2. When may a private prosecutor be authorized to prosecute the criminal case?
A) The public prosecutor has a heavy workload.
B) There is a private offended party.
C) All options are correct.
D) There is lack of public prosecutor.
- 3. The issuance of a warrant of arrest is generally a:
A) Administrative function
B) Executive function
C) Judicial function
D) Investigative function
- 4. Where a preliminary investigation is NOT required, a criminal action is instituted:
A) By filing the action directly with the MTC.
B) By filing the action directly with the Municipal Circuit Trial Court.
C) All of these.
D) By filing a complaint with the office of the prosecutor.
- 5. The purpose of a criminal action, in its purest sense, is:
A) To determine the punishment for the accused,
B) All of these.
C) To determine the civil liability of the accused for having outraged another private individual.
D) To determine the penal liability of the accused for having outraged the state with his crime.
- 6. Where a preliminary investigation is required, how is a criminal action instituted?
A) By filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation.
B) By filing the complaint directly with the Metropolitan Trial Court.
C) None of these.
D) By filing the complaint directly with the Municipal Trial Court.
- 7. The following are requisites before a court can validly exercise jurisdiction, except:
A) It must have jurisdiction over the subject matter.
B) It must have jurisdiction over the territory where the offense was committed
C) It must have jurisdiction over the investigation.
D) It must have jurisdiction over the person of the accused.
- 8. The prosecution of the crimes of adultery and concubinage shall not be prosecuted except:
A) Upon the complaint filed by the private prosecutor.
B) Upon a complaint filed by the law enforcement officer;
C) Upon the complaint filed by the public prosecutor.
D) Upon the complaint filed by the offended spouse.
- 9. In designating the offense, which among the following is not included in the complaint of information?
A) Mitigating circumstances
B) Acts constituting the offense
C) Name of the offense
D) Aggravating circumstance
- 10. A criminal action is prosecuted under the direction and control of:
A) The presiding justice of the Sandiganbayan.
B) The public prosecutor.
C) The presiding judge.
D) The Ombudsman.
- 11. In the trial court, particularly the Regional Trial Court or the Municipal Trial Court, the People of the Philippines is represented by the:
A) Public prosecutor.
B) Private prosecutor.
C) Counsel de officio.
D) Counsel de parte.
- 12. It is an organ of the government, belonging to the judicial department, whose function is the application of laws to controversies brought before it and the public administration of justice.
A) Office of the Prosecutor
B) Office of the Barangay Captain
C) Office of the Provincial Governor
D) Court
- 13. It is the process where the accused will be informed of the nature of the charge against him and ask whether or not he is guilty or not guilty.
A) Trial
B) Arraignment
C) Arrest
D) Judgment
- 14. Which among the following is NOT one of the specific purposes of a preliminary investigation?
A) Declare the respondent guilty beyond reasonable doubt of the crime he is to be charged of.
B) To inquire concerning the commission of a crime and the connection of the respondent to it.
C) To preserve the evidence and keep the witnesses in control of the State.
D) To determine the amount of bail, if the offense is bailable.
- 15. The well-established rule is that the conduct of preliminary investigation is a function that belongs to the:
A) Counsel de officio
B) Private prosecutor
C) Judge
D) Public prosecutor
- 16. When an act was done in a capricious and whimsical exercise of judgment such is said to have been done with:
A) Abuse of power.
B) Gross negligence.
C) Disregard of law.
D) Grave abuse of discretion.
- 17. The determination of probable cause made by the judge to ascertain whether a warrant of arrest should be issued against the accused is known as:
A) Judicial determination of probable cause.
B) None of these.
C) Summary determination of probable cause.
D) Executive determination of probable cause.
- 18. In preliminary investigation, it pertains to facts and circumstances sufficient to support a well-founded belief that a crime has been committed and the accused is probably guilty thereof.
A) Probable cause.
B) Proof.
C) Prima facie evidence.
D) Corpus delicti.
- 19. Which question is to be answered in a preliminary investigation?
A) Is the evidence gathering exhaustive?
B) Is the complainant interested to proceed with the charge?
C) Is the respondent probably guilty and should go to trial?
D) Is the respondent guilty or innocent?
- 20. A preliminary investigation is a mere inquiry or a proceeding. This means that:
A) Its purpose is not to declare the respondent guilty beyond reasonable doubt.
B) It does not involve the examination of witnesses.
C) It is not a trial.
D) All of these are correct.
- 21. This is proceeding conducted if the person is arrested lawfully without a warrant involving an offense which requires a preliminary investigation.
A) Trial
B) Preliminary conference
C) Clarificatory hearing
D) Inquest
- 22. Who among the following is not authorized to conduct a preliminary investigation?
A) Provincial prosecutors
B) City prosecutors
C) PNP Chief
D) State prosecutors
- 23. Preliminary investigation is required before the filing of information or complaint where the penalty for the offense is:
A) At least 4 years, 2 months and 1 day
B) At least 6 months
C) At least 4 years and 2 months
D) At least 6 years
- 24. X is subject of a preliminary investigation after the complaint was filed against him for frustrated murder. The public prosecutor within 10 days from receipt of the said complaint will then issue a subpoena to X and required him to submit which of the following, EXCEPT?
A) Counter-affidavit
B) Supporting documents.
C) Affidavit of witnesses
D) Motion to dismiss
- 25. If the complaint or information was already filed pursuant to a lawful warrantless arrest, the court shall issue a:
A) Commitment order
B) Bench warrant
C) Mittimus
D) Warrant of arrest
- 26. Which of the following starts/triggers the preliminary investigation process?
A) Filing of the complaint.
B) Conduct of inquest.
C) The filing of the counter-affidavit.
D) The subscription of the complaint.
- 27. Although a person is arrested lawfully without a warrant involving an offense which requires preliminary investigation and an inquest should be the proceeding conducted on him, he may ask for preliminary investigation but he must first:
A) Sign a waiver of Art. 125 of the Revised Penal Code.
B) Secure the posting of bail bond.
C) Secure the services of counsel.
D) None of these.
- 28. If the inquest prosecutor finds that the arrest was not legal, what shall he do?
A) Proceed with inquest.
B) Dismiss the complaint.
C) Charge the arresting officers for illegal arrest.
D) Order the release of the detainee.
- 29. Which of the following exemplifies an arrest in flagranti delicto?
A) An arrest made after the accused darted away after seeing the police.
B) An arrest after an entrapment operation.
C) An arrest after the accused was talking with a police informant;
D) An arrest made of an accused rushing out of a house.
- 30. After the arrest of the accused without a warrant, the arresting officer should:
A) Cuff the person arrested.
B) Detain the person arrested.
C) Restrain the person arrested.
D) Deliver the person arrested to the nearest police station or jail without unnecessary delay.
- 31. A warrant of arrest was issued against Karl Mikhael for the indictment of Acts of Lasciviousness filed against him Izel. Despite efforts to locate Karl Mikhael, the same proved futile. Thus, the PNP was constrained to return the warrant issued to the court which issued the same with the information that Karl Mikhael could no longer be found in his last known address. Taking note of this, the court issued an order archiving the case and ordered the issuance of:
A) Alias warrant of arrest
B) Pending warrant of arrest
C) Alert Bulletin
D) Substitute warrant of arrest
- 32. When can arrest be made?
A) Only during day time.
B) Any time of the day or night.
C) At the most convenient time.
D) Only during office hours;
- 33. Independent Civil Action can be filed separately.
A) False
B) No Answer
C) True
D) No Comment
- 34. It is NOT a function of a court:
A) Interpret the law
B) Decide actual controversies
C) Apply the law
D) Serve warrant of arrest
- 35. This principle provides that lower courts shall initially decide a case before it is considered by a higher court.
A) Principle of Civil Actions
B) Principle of Probable Cause
C) Principle of Criminal intent
D) Principle of Judicial Hierarchy
- 36. It is the information and answers to questions given by a witness to the court as a whole. It is not restricted to being oral testimony, as it can be written testimony, as well. It is also meant to be statements of fact, of actual occurrences, as opposed to statements of opinion or assumptions on the part of the witness, except for certain circumstances such as the testimony of expert witnesses.
A) Court Testimony
B) Court Decision
C) Court Resolution
D) Court Evidence
- 37. An accused who plead guilty but offers exculpatory evidence will cause an effect of:
A) A plea of not guilty.
B) He is making a conditional plea.
C) He will be treated as refusing his plea.
D) He shall be treated as guilty and will eventually be convicted.
- 38. When the accused has already been arraigned and been duly notified of the trial or hearings but failed to appear for trial, what may take place?
A) Postponement
B) None of these.
C) Trial in absentia
D) Continuance.
- 39. It is a process directed to a person requiring him to attend before a court or authorized body to appear before it at a specified time and place.
A) Invitation
B) Summons
C) Subpoena
D) Pay-out
- 40. The Supreme Court is the court of last resort. What is meant by this?
A) It means that the last court where appeal may be made is the Supreme Court.
B) It means that the Supreme Court is the final arbiter.
C) All of these are correct.
D) It means that the judgment of the Supreme Court cannot be appealed to any other court.
- 41. It is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated.
A) Information
B) Complaint
C) Charge
D) Indictment
- 42. It is defined as a set of facts and circumstances that would lead a reasonably discreet and prudent person to believe that an offense has been committed and that the person to be charged is likely guilty. It is a requirement for issuing arrest warrants and filing criminal information in court.
A) Information
B) Corpus delicti
C) Probable cause
D) Fact of commission of a crime
- 43. It refers to a ground for dismissal where a lawsuit is filed before the cause of action has fully matured, or before the plaintiff has complied with mandatory pre-conditions. It signifies that the legal claim is not yet ripe for judicial determination because the facts have not fully developed or a require
A) Prematurity of complaint
B) Basis of complaint
C) Prescription of complaint
D) Cause of action
- 44. Under Criminal Procedure, venue is jurisdictional.
A) None of the Above
B) True
C) No Answer
D) False
- 45. It is understood as the initiation of a criminal action without probable cause, driven by legal malice, and resulting in an acquittal.
A) Baseless charge
B) Malicious prosecution
C) Lack of probable cause
D) Lack of evidence
- 46. It is a mandatory document issued by the Lupon Tagapamayapa (barangay justice council) in the Philippines, confirming that conciliation proceedings failed or were bypassed, thus allowing a complainant to file a case in court. It is essential for civil and minor criminal cases, proving compliance with the Katarungang Pambarangay Law.
A) Certification of Failure to Conciliate
B) Certification of Conciliation Proceedings
C) Referral of Case to Court
D) Certificate to File Action
- 47. It is a formal, unsworn accusation filed in court by a prosecutor after finding probable cause.
A) Complaint
B) Information
C) Indictment
D) Charge
- 48. It is the taking of a person into custody to answer for the commission of an offense. It involves actual restraint or voluntary submission to custody, aiming to secure the person's presence during investigations or legal proceedings.
A) Detention
B) Arrest
C) Restraint
D) Incarceration
- 49. It is a preliminary investigation proceeding where an investigating prosecutor calls parties to clarify material facts or issues, often held if affidavits are insufficient. It is not a trial; parties may attend, but generally cannot examine or cross-examine witnesses directly, as questioning is primarily handled by the officer.
A) Preliminary investigation
B) Clarificatory hearing
C) Initiatory hearing
D) Preliminary hearing
- 50. It is a sworn written statement submitted by a respondent in response to a complaint or petition, designed to deny allegations and present contrary evidence to prove no probable cause exists. It is a critical, formal document used in preliminary investigations or court proceedings to refute accusations, often including supporting evidence and witness testimonies to seek dismissal of the case.
A) Counter-affidavit
B) Reply affidavit
C) Complaint affidavit
D) Affidavit-complaint
- 51. It is a criminal act that directly affects a specific individual rather than society as a whole and can only be prosecuted upon a complaint filed by the aggrieved party. Examples include adultery, concubinage, seduction, abduction, and acts of lasciviousness.
A) Personal offense
B) Private offense
C) Private complaint
D) All of these.
- 52. It is the highest standard of evidence, requiring the prosecution to establish the accused's guilt with "moral certainty"—a degree of proof that leaves an unprejudiced mind convinced of guilt. It does not require absolute, mathematical certainty or the exclusion of all possibility of error, but rather that no other reasonable explanation exists for the evidence.
A) Convincing evidence
B) Proof beyond reasonable doubt
C) Absolute certainty
D) Certainty of conviction
- 53. It is the formal plaintiff in all criminal cases, as crimes are considered offenses against the state.
A) People of the Philippines
B) Private offended party in private offenses
C) Solicitor General for the State
D) State for the Government
- 54. It involves any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. It is only after the investigation ceases to be a general inquiry into an unsolved crime and begins to focus on a particular suspect, the suspect is taken into custody, and the police carries out a process of interrogations that lends itself to eliciting incriminating statements that the rule begins to operate.
A) Search Warrant
B) Police Line - Up
C) Custodial Investigation
D) Warrant of Arrest
- 55. Are offenses punishable by imprisonment exceeding six (6) years subject to Katarungang Pambaranggay?
A) False
B) No Answer
C) True
D) None of the Above
- 56. It refers to the loss or waiver by the state of its right to prosecute an act prohibited and punished by law after a specific period of time has elapsed. This legal principle is based on the idea that a prompt prosecution should occur, and it prevents potential defendants from facing the indefinite threat of legal action.
A) Prescription
B) Double jeopardy
C) Lack of jurisdiction
D) Laches
- 57. In the Philippines, he is a Department of Justice (DOJ) attorney representing the State and the people in criminal cases. Acting as "gatekeepers" of the criminal justice system, they are responsible for investigating, filing charges, and presenting evidence to prove the guilt of the accused beyond a reasonable doubt.
A) Public defender
B) Solicitor
C) Public instigator
D) Public prosecutor
- 58. A _________ is one that must be decided before any criminal prosecution may be instituted or before it may proceed because a decision on that point is vital to the eventual judgment in the criminal case.
A) Prejudicial Question
B) Criminal Procedure
C) Resolution
D) Witness
- 59. An information for rape was filed against Rodolf John in the Regional Trial Court and no bail was allowed in view of the nature of the charge. Rodolf John seeks your advice as you are his inmate in the Provincial Jail and he knows that you took up Criminology in college. He also told you that the charge was merely a result of misunderstanding and that it was he and the supposed victims are actually sweethearts and the filing was only upon the instance of his girlfriend's parents who dis not approve of their relationship. What advice would you give Rodolf John?
A) I would advice Rodolf John to seek the services of a counsel and ask his counsel to file a petition for post bail and argue that the right to bail is a constitutional right.
B) I would advice Rodolf John to seek the services of a counsel and ask his counsel to file a petition for post bail and prove that he has the capacity to post bail.
C) I would advice Rodolf John to seek the services of a counsel and ask his counsel to file a petition for post bail and prove that the evidence against him is not strong.
D) I would advice Rodolf John to just accept his fate since bail is not allowed in heinous crimes.
- 60. A charge for malicious mischief was filed against Lemuel before the PNP of Quezon, Palawan after conciliation proceedings failed before the Lupon of Alfonzo XIII where Lemuel and his complainant reside. The penalty for malicious mischief charged against Lemuel involving the damage of less than P40,000.00 is only arresto menor or imprisonment of form 1-30 days. The PNP of Quezon, Palawan due to lack of available transport services and personnel to travel to the Office of the Provincial Prosecutor based in Brooke's Point, Palawan asked your advice, you being known as Criminologist in that area, about their dilemma. What advice would you give the Chief of Police of Quezon, Palawan.
A) I would advice him to make preliminary filing of the case in the MCTC of Quezon-Rizal & Kalayaan which has jurisdiction over the case.
B) I would advice him to make provisional filing of the case in the MCTC of Quezon-Rizal & Kalayaan which has jurisdiction over the case.
C) I would advice him to make direct filing of the case in the MCTC of Quezon-Rizal & Kalayaan which has jurisdiction over the case.
D) I would advice him to make summary filing of the case in the MCTC of Quezon-Rizal & Kalayaan which has jurisdiction over the case.
- 61. It is the taking of a person in custody in order that he may be bound to answer for the commission of an offense.
A) Interrogation
B) Arrest
C) Preliminary Investigation
D) Inquest
- 62. These are the tests to determine whether use of lethal force by arresting officer is lawful.
A) Tests of Consciousness and Karma
B) Tests of Heaven and Hell
C) Tests of Love and Respect
D) Tests of Reasonability and Necessity
- 63. Public interest is superior over private one. Is the statement correct?
A) False
B) No Answer
C) None of the Above
D) True
- 64. Judges of Municipal Trial Courts or Municipal circuit Trial Courts can no longer conduct Preliminary Investigations. Is the statement correct?
A) None of the Above.
B) True
C) No Answer
D) False
- 65. Generally, when a person commits a crime, he offends two entities, namely:
A) Accused and Witness
B) Judges and Lawyers
C) Individual and Witness
D) State and the Individual
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