- 1. A party or a person who brings a case against another in a court of law.
A) Accuser
B) Respondent
C) Petitioner
D) Plaintiff
- 2. Which of the following statements is false?
A) The presumption of innocence prevails over the presumption of regularity in the performance of official duty
B) It is incumbent upon the prosecution to demonstrate culpability of the accused
C) Unless guilt beyond reasonable doubt is established, the accused need not prove his innocence
D) The conviction of the accused may also result from the weakness of the defense which the accused put up
- 3. The party accusing another of committing a crime has to carry out the obligation or duty to prove his allegation. This refers to:
A) Burden of evidence
B) Burden of the prosecution
C) Burden of proof
D) Necessity of proof
- 4. It refers to the degree of proof which produces conviction to an unprejudiced mind.
A) Convincing evidence
B) Moral certainty
C) Absolute evidence
D) Credible evidence
- 5. When evidence in a criminal case is evenly balanced between guilt and innocence, the constitutional presumption of innocence prevails, resulting in acquittal. This refers to:
A) Burden of proof rule
B) The proof beyond reasonable doubt rule
C) Moral certainty rule
D) The equipoise rule
- 6. It refers to the plaintiff in a criminal case
A) The Prosecution
B) The Republic
C) The People of the Philippines
D) The Government
- 7. When an accused in the Philippines raises justifying circumstances under Article 11 of the Revised Penal Code (RPC), they are admitting to the commission of acts that would otherwise be considered criminal (e.g., causing injury or death) but argue that the act was lawful and thus not punishable. If this is the case, then:
A) The burden of proof is shifted to the defense
B) There is no longer presumption of innocence
C) The defense needs to prove the exculpatory defense with proof beyond reasonable doubt
D) All of these are correct.
- 8. It refers to the initial, in-court questioning of a party's own witness under oath to establish facts supporting their case
A) Primary evidence presentation
B) Presentation of own evidence
C) Presentation of principal evidence
D) Evidence-in-chief
- 9. It means based on the first impression; accepted as correct until proved otherwise
A) Prima facie
B) Locus criminalis
C) Onus probandi
D) Situs criminalis
- 10. It refers to a formal declaration that someone is guilty of a criminal offense, made by the verdict of a jury or the decision of a judge in a court of law
A) Verdict
B) Conviction
C) Adjudication
D) Judgment
- 11. It is a formal legal judgment in a criminal case stating that a defendant is "not guilty" of the charges, resulting in their release. Rendered by a judge or jury, it signifies that the prosecution failed to prove guilt beyond a reasonable doubt
A) Judgment
B) Acquittal
C) Exoneration
D) Verdict
- 12. They are legal defenses where an accused admits to committing an act that would typically be criminal but asserts it was justified by law, resulting in no criminal or civil liability. The burden of proof rests on the accused to prove these circumstances by clear and convincing evidence, such as in self-defense
A) Justifying circumstances
B) Mitigating circumstances
C) Exempting circumstances
D) Exculpatory defenses
- 13. It occurs when an accused admits to killing or injuring another but invokes self-defense or another justifying circumstance. Instead of the prosecution presenting evidence first, the defense presents its evidence first to establish justifying circumstances, shifting the burden of proof to the accused
A) Trial in absentia
B) Summary procedure
C) Reverse trial
D) Speedy trial
- 14. It refers to the act of calling someone before a court to be formally charged and to enter a plea
A) Conciliation
B) Trial
C) Charging
D) Arraignment
- 15. At an arraignment, a defendant or accused responds to charge by making a ______.
A) Counter-affidavit
B) Defense
C) Admission
D) Plea
- 16. He is a lawyer appointed by a court to represent or defend an indigent (destitute) party in a criminal case
A) Counsel of record
B) Counsel de parte
C) Counsel of choice
D) Counsel de officio
- 17. What are the matters for review by the appellate court?
A) In criminal cases, an appeal throws the whole case wide open for review
B) The reviewing tribunal can correct errors or even reverse the trial court’s decision on grounds other than those that the parties raise as errors
C) All of these are correct
D) The appeal throws the whole case for review of all aspects, including those not raised by the parties
- 18. It is a motion filed by a defendant or accused in a criminal case after the plaintiff/prosecution rests, arguing that the evidence presented is insufficient in law to justify a verdict against them. If granted, the case is dismissed; if denied, the defendant may proceed to present their own evidence.
A) Demurrer to evidence
B) Motion to dismiss
C) Insufficiency of evidence
D) Double jeopardy rule
- 19. It is a fundamental legal right ensuring criminal cases are heard without unreasonable or, in the Philippines, oppressive delay. It requires trials to begin within specific, legally mandated timeframes (e.g., 180 days in the Philippines) from arraignment, aimed at protecting the accused from prolonged anxiety and ensuring justice is administered efficiently.
A) Public trial
B) Fair trial
C) Speedy trial
D) Impartial trial
- 20. The right to appeal is
A) Its suppression would be a violation of due process
B) None of the choices is correct
C) A statutory right
D) Both choices are correct
- 21. It is a procedural motion in criminal cases to temporarily halt the formal reading of charges against an accused
A) Suspension of arraignment
B) Suspension of sentence
C) Suspension of trial
D) Suspension of judgment
- 22. The right to compulsory process may be invoked by the accused to
A) Suppress controverting evidence of the opponent
B) All of these are correct
C) Secure the attendance of witnesses and production of evidence in his behalf
D) Examine evidence of the other party
- 23. The accused may move for the court for the issuance of a subpoena ad testificandum or a subpoena duces tecum in connection with his right to
A) Compulsory process
B) Speedy trial
C) Impartial trial
D) Public trial
- 24. In case of unjustified failure of the witness to comply with a sub poena, the court or judge issuing such, upon proof of service of such and failure to attend, may issue a:
A) Order to explain
B) Order for detention
C) Warrant for his arrest
D) Contempt order
- 25. The cross examination of a witness by the opposing party is essential to:
A) Uncover the truth and demonstrate inconsistencies
B) Expose falsehood or half-truths
C) Test his accuracy
D) All of these
- 26. The right to cross-examination is
A) A fundamental right
B) All of these
C) A personal right which may be waived
D) A part of due process
- 27. Where a party has had the opportunity to cross examine a witness but failed to avail himself of it, he necessarily
A) Forfeits the right to cross-examination
B) Deferred the right to cross-examination
C) Abandoned the right to cross examination
D) Wasted the right to cross-examination
- 28. If one is deprived of the opportunity to cross-examination without fault on his part, he may ask
A) That the other party be declared non-suited
B) That the other party be declared in default
C) That the direct examination be stricken from the record
D) All of these
- 29. The accused who testified as a witness in his own behalf is
A) None of these
B) Subject to cross examination in pertinent matters
C) Subject to cross examination in all matters
D) Subject to cross examination on matters covered by the direct examination
- 30. If the accused does not wish to testify in his behalf and chooses to remain silent, his silence shall
A) Be deemed a sign of guilt
B) Be deemed an indication of guilt
C) Not in any manner prejudice him
D) Be considered an admission of guilt
- 31. When may the court allow the accused to defend himself in person?
A) When it sufficiently appears to the court that he can properly protect his rights without the assistance of counsel
B) When the accused refuses to secure the services of counsel
C) When the accused is indigent
D) When the accused cannot afford the service of counsel
- 32. The absence of the accused at the trial without justifiable cause after prior notice may result to
A) Citation for contempt of court
B) None of these
C) Inference of waiver of his right to be present at the trial
D) Deprivation of due process
- 33. If the accused is absent during trial after this arraignment, despite notice and for unjustifiable reason, trial may
A) Be reset to a later date
B) Proceed despite his absence
C) None of these
D) Be postponed until he appears
- 34. The privilege against self-incrimination protects a person from:
A) Testimonial compulsion
B) Both choices are correct
C) None of the choices is correct
D) Being exposed to any inculpatory acts
- 35. X stands charged of a criminal case and in the presentation of the evidence for the defense, the prosecution asked the court that the accused should be made to take the witness stand and testify in the case. The accused refused. Is the refusal of the accused to testify in the case against him justified?
A) Yes, because the accused has the right to testify or not in his behalf;
B) No, because the prosecution has the right to require him to testify
C) Yes, because of the right to compulsory process
D) Yes, because of the presumption of innocence
- 36. If the crime charged is unclear, what motion may be filed before arraignment?
A) Bill of particulars
B) Motion for new trial
C) Motion to quash
D) Motion to dismiss
- 37. An accused who pleads guilty but offers exculpatory evidence will cause an effect of:
A) He shall be treated as guilty and will eventually be convicted
B) He is making a conditional plea
C) He will be treated as refusing his plea.
D) A plea of not guilty
- 38. In the following instances the accused is allowed under the rules to plead guilty, except:
A) At the arraignment
B) After arraignment but before trial
C) During trial
D) Upon entering his plea
- 39. It refers to the answer given by the accused to a charge or indictment.
A) Plea
B) Reply
C) Motion
D) Confession
- 40. Arraignment may be suspended when the accused appears to be of unsound mental condition or the court finds the existence of a _________:
A) Bill of particulars
B) Valid prejudicial question
C) Motion to quash
D) Motion to dismiss
- 41. He is a legal professional who represents individuals or entities accused of criminal activity, aiming to protect their rights, ensure a fair trial, and secure the best possible outcome. They analyze evidence, negotiate plea bargains with prosecutors, and build defense strategies
A) Counsel de officio
B) Counsel of choice
C) Counsel of record
D) Defense lawyer
- 42. The existence of a prejudicial question may cause the suspension of the:
A) Judgment
B) Arraignment
C) Trial
D) Preliminary investigation
- 43. He/ She is the person or entity (natural or juridical) who suffered damage, injury, or disturbance due to a crime and files a complaint against the accused. While they initiate the case, their participation is generally limited to that of a witness, with the State (via the Prosecutor) controlling the prosecution.
A) Aggrieved party
B) Plaintiff
C) Private complainant
D) Offended party
- 44. He/She acts as a law enforcement official responsible for the custody, supervision, safety, and regulation of prisoners, including conducting security checks, managing inmate discipline, and escorting inmates to court.
A) Prisoner custodian
B) Jail guard
C) Prison officer
D) Police officer
- 45. It refers to the lead judicial officer assigned to a specific court branch or case, responsible for conducting trials, hearings, and ensuring the orderly administration of justice. They hold primary authority over case management, motions, and decisions within their assigned court.
A) Presiding judge
B) Clerk of court
C) Defense attorney
D) Public prosecutor
- 46. He or she is an officer appointed by the judiciary to manage the administrative operations of a court, acting as the custodian of legal records, managing case flow, and issuing official legal documents like summons and subpoenas. They work closely with judges, maintain dockets, and assist with courtroom duties.
A) Court docket clerk
B) Court interpreter
C) Clerk of court
D) Court stenographer
- 47. It refers to legal professionals responsible for producing a verbatim, official record of courtroom proceedings, depositions, and hearings using a specialized machine or voice-writing technology. They ensure all spoken words are captured accurately for legal records, appeals, and official transcripts.
A) Court interpreters
B) Court sheriffs
C) Stenographers
D) Clerk of courts
- 48. Identify who normally make the following lines or announcement during court trial. “ALL RISE! The hearing of calendared cases will now begin. SILENCE IS HEREBY ENJOINED!”
A) Court stenographer
B) Sheriff
C) Clerk of Court
D) Presiding judge
- 49. It is an official list of cases (docket) scheduled to be heard by a specific court on a particular date or during a specified term. It includes trials, hearings, motions, and pre-trial conferences. It is managed by the clerk of court and the judge to organize case flow and ensure readiness.
A) Court case line-up
B) Court cases
C) Court calendar
D) Court pending cases
- 50. In court, it is the formal signal, often by a sheriff or bailiff, to initiate proceedings, demanding silence and attention from everyone present. It acts as an official start, bringing attendees to attention, ensuring decorum, and transitioning the courtroom from a casual state into a structured, legal session.
A) Formalization of session
B) Call to order
C) Arraignment
D) Attention order
- 51. It is the first formal court proceeding in a criminal case where the defendant is officially charged, advised of their constitutional rights, and asked to enter a plea (guilty, not guilty)
A) Confrontation
B) Plea
C) Arraignment
D) Plea bargaining
- 52. Which among the following may NOT be filed before the judgment becomes final?
A) Motion to quash
B) Motion for new trial
C) Notice of appeal
D) Motion for reconsideration
- 53. It is a formal request asking a court to render a legal proceeding, document, or order—such as a subpoena, warrant, or indictment—invalid or void. It challenges the legal sufficiency of these documents based on defects like lack of jurisdiction, improper filing, or legal insufficiency.
A) Demurrer to Evidence
B) Motion to Quash
C) Motion for Rendition of Judgment
D) Motion to Dismiss
- 54. It is a single legal filing that combines multiple requests, objections, or arguments into one comprehensive document. Instead of filing separate motions for each issue, it streamlines the legal process by addressing several procedural or substantive points at once.
A) Multiple motion
B) Omnibus motion
C) Consolidated motion
D) Integrated motion
- 55. The following are NOT grounds for motion to quash EXCEPT:
A) Lack of preliminary investigation
B) Matters of defenses of the accused
C) Absence of probable cause to issue warrant of arrest
D) That the court trying the case has no jurisdiction over the person of the accused
- 56. Which of the following grounds which even not asserted in a motion to quash are not deemed waived?
A) That the court trying the case has no jurisdiction
B) That the criminal action or liability has been extinguish and that there is double jeopardy
C) That the facts do not constitute an offense
D) All of these
- 57. What is the remedy for the denial of a motion to quash?
A) Appeal
B) Contempt
C) Motion for reconsideration
D) Certiorari
- 58. When may a motion to quash to be filed?
A) At any time before pre-trial
B) At any time before judgment
C) At any time before the accused enters his plea
D) At any time before trial
- 59. Which of the following may NOT be a ground for motion to quash?
A) That the information does not conform substantially to the prescribed form
B) That more than one offense is charged in the complaint or information.
C) That the court trying the case has no jurisdiction over the case
D) That the complainant already executed an affidavit of desistance
- 60. Which of the following is NOT a ground for a motion to quash?
A) That the officer who filed the information has no authority to do so
B) Absence of proba ble cause for the issuance of a warrant of arrest
C) That the facts alleged do not constitute an offense
D) That there is already double jeopardy
- 61. A move for the annulment of the criminal charge made by an accused is:
A) Motion to dismiss
B) Bill of Particulars
C) Motion to quash
D) Plea bargaining
- 62. X killed Y in self-defense. Thus, a criminal case was filed against X but X filed a Motion to Quash arguing that the fact that he merely acted in self-defense makes the information filed against him subject to quashal. Is the contention of X correct?
A) No, because matters of defense are not ground for a motion to quash
B) Yes, because X acted in accordance with law
C) Yes, because such defense will result to the dismissal of the case filed against him.
D) Yes, because X has no criminal liability as all having merely acted in self-defense
- 63. When a motion to quash is granted, the following may be the result thereof
A) Will be a bar for the filing of another complaint or information
B) Will result to double jeopardy
C) Will not necessarily result to the dismissal of the complaint or information
D) The case will as a matter of course be dismissed
- 64. X was charged of in a complaint which narration of the facts constituting the offense charged actually comprises two offenses. The case was already set for arraignment. Before X would enter his plea, what should he or his counsel do regarding the fact the charge constitutes more than one offense?
A) X or his counsel should move for the quashal of the complaint on the ground of duplicity of the offense charged
B) X should seek for particulars regarding the charge
C) X should file a motion to dismiss
D) X should just enter a plea of Not Guilty
- 65. It is the mode by which an accused assails the validity of a criminal complaint or information filed against him for insufficiency on its face in point of law, or for defects which are apparent in the face of the information
A) Motion to dismiss
B) Motion to strike out
C) Motion to quash
D) Demurrer to evidence
- 66. A person may be released on bail in the following forms, except:
A) Performance bond
B) Corporate Surety
C) Property Bond
D) Recognizance
- 67. If the complaint or information was already filed pursuant to a lawful warrantless arrest, the court shall issue a:
A) Mittimus
B) Commitment order
C) Warrant of arrest
D) Bench warrant
- 68. When may bail be considered as a matter of discretion?
A) In cases involving graft and corrupt practices of government officials.
B) In cases punishable by penalties which are not afflictive.
C) In capital offenses.
D) In capital offenses when the evidence of guilt is not strong.
- 69. In fixing the amount of bail, which among the following is not essential?
A) Age and health of the accused.
B) None of these.
C) Character and reputation of the accused.
D) Probability that the accused will appear in the trial.
- 70. Abdul was approached by Jerry to help him post cash bond for the criminal charge against the latter since the judge already issued a warrant for his arrest. Abdul readily helped Jerry and posted the amount of P38,000 as cash bond for the charge of grave threats. Later Jerry failed to appear in court as required by the court for his arraignment and his bondsman Abdul was required to explain of such absence and why the bond he posted be not forfeited in favor of the government. Abdul searched for Jerry and after finding him, he brought Jerry to the court and asked the court to cancel the bond he posted and return the same to him and asked that Jerry be committed in jail until such time that Jerry is able to post a new bail. Is the action of Abdul correct?
A) Yes, because Abdul as bondsman is considered the jailer of Jerry.
B) Yes, because the right to bail has limitations.
C) Yes, because Jerry violated the law.
D) No, because Jerry's bail cannot be cancelled until the termination of the case.
- 71. Benjeff was charged and convicted of Attempted Homicide in the Municipal Trial Court of Aborlan, Palawan. After his conviction and within fifteen days from promulgation of the decision convicting him, Bejeff filed an appeal to the Regional Trial Court which latter court affirmed the judgment against him. He elevated his appeal to the Court of Appeals which also affirmed the judgment against him. Finally, Benjeff brought up the appeal to the Supreme Court which also affirmed his conviction. After receiving the notice of finality of the judgment of conviction of Benjeff the MTC issued the order for his service of sentence at Iwahig Penal Farm. Such order for service of sentence is known as:
A) Commitment Order
B) Detention Order
C) Incarceration Order
D) Mittimus
- 72. Boy Venz was charged of five counts of grave threats before the Municipal Circuit Trial Court of Cuyo-Agutaya & Magsaysay, Palawan. After posting the required bail bond for his provisional liberty pending the proceedings of his case, Boy Venz was arraigned and he pleaded Not Guilty. The pre-trial conference then proceeded and terminated and the cases were set for trial. However, from the initial trial up to the subsequent settings of the trial for presentation of prosecution evidence, Boy Venz failed to appear in court for any valid reason despite notice. The trial of the case then proceeded in absentia and such is justified because Boy Venz is considered to have:
A) Jumped bail
B) Eloped
C) Fled
D) Absconded
- 73. The security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions of law.
A) Legal Fee
B) Interest Fee
C) Bail
D) Filing Fee
- 74. The right to bail flows from the presumption of innocence. This is so because accusation is not synonymous with guilt. Is the statement True or False?
A) None are correct
B) True
C) False
D) Neither True nor False
- 75. Generally, The right to bail only accrues when a person is under custody. Court must have jurisdiction over the person of the accused either thru: 1) arrest, with or without warrant, or 2) voluntary surrender.
A) True
B) None are correct
C) False
D) Neither True nor False
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