- 1. Who among the following may conduct the preliminary investigation?
A) Judge
B) Public prosecutor
C) Public attorney
D) Solicitor General
- 2. In which court may a direct filing of cases which do not require preliminary investigation is allowed?
A) All first level courts
B) Metropolitan Trial Court
C) Municipal Trial Court in Cities
D) Municipal Trial Court & Municipal Circuit Trial Court
- 3. The person arrested shall, without delay, be delivered to
A) The nearest police station or jail.
B) the nearest court.
C) the nearest prosecutor
D) the nearest judge.
- 4. Under the Rules, where the penalty prescribed by law for the offense exceeds four (4) years, two (2) months and one (1) day, a preliminary investigation is dispensed with
A) False
B) Maybe
C) True
D) It depends
- 5. If the judge finds probable cause, he shall issue the warrant of arrest. If the accused has been previously arrested, the judge shall, instead of a warrant, issue a
A) Imprisonment
B) commitment order
C) None of these
D) jail order
- 6. The preliminary examination of the judge is to determine probable cause to justify the propriety of issuing
A) A warrant of arrest
B) A search warrant
C) A petition for ball
D) Application for ball
- 7. The arrest of a person caught in the act of committing a crime is known as:
A) In flagrante delicto arrest
B) Hot pursuit arrest
C) Warrantless arrest
D) Fresh arrest
- 8. Under the new Department of Justice circular, for a case to be filed in court on preliminary Investigation it must be established that:
A) Probable cause exists
B) All of these.
C) Proof beyond reasonable doubt
D) Reasonable certainty of conviction" based on (a) evidence at hand, (b) availability of witnesses and (c) continued interest of private complainants.
- 9. This investigation is aimed at finding probable cause to charge the respondent in court.
A) Subsidiary investigation
B) Executive investigation
C) Preliminary investigation
- 10. Contact with the law may also take place when the offended party files a written complaint before the barangay.
A) True
B) Maybe
C) It depends
D) False
- 11. It is a generic term to describe the network of laws and rules which governs the procedural administration of justice.
A) Criminal law
B) Criminal jurisprudence
C) Criminal jurisdiction
D) Criminal procedure
- 12. It has the ultimate goal of harmonizing the governmental functions of maintaining peace and order and protecting the constitutional rights of its citizens.
A) Criminal jurisdiction
B) Criminal Procedure
C) Criminal law
D) Criminal jurisprudence
- 13. The provisions on criminal procedure are:
A) The Revised Penal Code
B) The Rule on Summary Procedure
C) Rules 110-127, Rules of Court
D) Rules 128-133, Rules of Court.
- 14. It contemplates two contending parties before the court which hears them impartially and renders judgment only after trial. In our judicial set-up, a judge is not permitted to act as an inquisitor who pursues his own investigation and arrives at his own conclusion ex parte
A) The Inquisitorial System
B) The Inquisitorial System
C) The adversarial or accusatorial system
D) The Mixed System
- 15. The system has a two-sided structure consisting of the prosecution and the defense where each side tries to convince the court that its position is the correct version of the truth
A) The adversarial or accusatorial system
B) The Inquisitorial System
C) The Mixed System
D) None of these
- 16. In this system, the court plays a very active role is not limited to the evidence presented before it. The court may utilize evidence gathered outside the court and a judge or group of judges under this system actively participates in the gathering of facts and evidence instead of passively receiving information or evidence from the parties
A) The Mixed System
B) The Adversarial System
C) The inquisitorial system
D) The Accusatorial System
- 17. In this system, the judge steers the course of the proceedings by directing and supervising the gathering of evidence and the questioning of the witnesses to the case
A) The Mixed System
B) The Adversarial System
C) The Accusatorial System
D) The Inquisitorial System
- 18. It is the right to act or the power and authority to hear and determine a case- it is a question of law.
It is the authority to hear and try a particular offense and impose punishment for it.
A) Authority
B) Jurisdiction
C) Jurisprudence
D) Supervisory power
- 19. Cases involving graft and corruption are filed before what court?
A) Regional Trial Court
B) Sandiganbayan
C) Court Martial
D) Ombudsman
- 20. What court has jurisdiction over a case of acts of lasciviousness which was committed in Cuyo, Palawan by a tourist from Australia?
A) Municipal Circuit Trial Court of Cuy0-Agutaya & Magsaysay, Palawan
B) Municpal Trial Court of Puerto Princesa City
C) Regional Trial Court of Palawan
D) None of these
- 21. If before his arraignment, the accused escapes, the court has no authority to try him in absentia
A) False
B) Uncertain
C) Maybe
D) True
- 22. If the information or complaint is defective such that it charges more than one offense, the remedy is
A) Motion for Bill of Particulars
B) Motion to Quash
C) Motion to Dismiss
D) Demurrer
- 23. X appealed the judgment rendered against him by the MTC. Unfortunately, his appeal was denied. He wanted to avail of the probation law. If he were to ask your advice, what advice would you give him
A) All of these
B) Probation is considered abandoned when he filed an appeal
C) His having filed an appeal resulted to his abandonment of the privilege of probation.
D) Probation and appeal are exclusive remedies
- 24. The counsel or lawyer representing the State or People in a criminal case before the trial court
A) Plaintiff
B) Public prosecutor
C) Fiscalizer
D) Public Fiscalizer
- 25. The frisking of the accused, the taking of his mug shots, other personal information, etc. takes place at what step in the processing of a criminal case
A) Booking
B) 15
C) 10
D) Pre-arrest investigation
- 26. If the complaint or information filed has formal defects like lack of sufficient details to allow the accused to controvert, what remedy may be filed
A) Motion to quash
B) Motion for Bill of Particulars
C) Arraignment
D) Arrest
- 27. It is the formal mode and manner of implementing the constitutional right of an accused to be informed of the nature and cause of the accusation against him
A) Arraignment
B) Pre Trial
C) Preliminary investigation
D) Preliminary examination
- 28. A is the adjudication by the court on the guilt or innocence of the accused and the Imposition on him of the proper penal and civil liability, if any
A) Disposition
B) Order
C) Judgement
D) Resolution
- 29. Under existing law, the period to appeal is within days from notice of the judgment or final order
A) 5
B) 20
C) 10
D) 15
- 30. The Plaintiff in a criminal case.
A) The private offended party
B) People of the Philippines
C) The victim
D) The aggrieved party
- 31. The following may testify in a criminal case, except:
A) An eyewitness to the commission of the crime.
B) An expert witness who can determine the cause of death of the victim
C) The son of the victim who is an imbecile.
D) except: The wife of the victim for the expenses and other damages incurred.
- 32. X was charged of homicide. However, it was proven that the killing was attending by aggravating circumstances that qualify the killing to murder. May X be convicted of murder
A) Yes, because it was amply proven
B) No, he can only be convicted of homicide because the aggravating circumstances were not duly alleged even if proven.
C) Yes, because that is proper
D) Yes, because such was proven by evidence.
- 33. It is an arrest when, at the time the arrest is made, the person arrested has committed, is actually committing or is attempting to commit a crime in the presence of the person making the arrest
A) In flagrante delicto
B) Legal arrest
C) Fresh arrest
D) Hot pursuit
- 34. No matter how or against whom the offense is committed, the mere commission of a crime does not automatically trigger the application of the rules on criminal procedure
A) As a general rule
B) Maybe
C) True
D) False
- 35. Without jurisdiction over the person of the accused, no valid judgment may be rendered against the accused
A) True
B) False
C) It depends
D) Maybe
- 36. Every person criminally liable for a felony is also liable
A) materially
B) Civilly
C) financially
D) personally
- 37. Which of the following are not essential ingredients of a complaint or information
A) Name of the accused.
B) Name of the investigating officer
C) Acts constituting the offense.
D) Place or situs of the crime.
- 38. Contact with the law may start when the criminal act is brought to the attention of law enforcement authorities and the offended is arrested, either by virtue of a duly issued warrant or a valid warrantless arrest
A) False
B) True
C) It depends
D) As a general rule
- 39. To determine whether the court where the complaint or information is filed has jurisdiction over the case, what should be examined?
A) The payment of docket fees.
B) The allegations in the complaint or information
C) The circumstances of the parties.
D) The social standing of plaintiff.
- 40. Jurisdiction over the territory refers to the jurisdiction over the of the commission of the offense
A) Law
B) Place
C) Parties
D) Person
- 41. It is a sworn written statement subscribed by the person mentioned in the Rules of Court
A) Complaint
B) Crime report
C) Crime log
D) Affidavit
- 42. The Plaintiff is the one who is filing a crimnal complaint or information. Who is the plaintiff in a criminal case
A) People of the Philippines
B) The victim
C) The aggrieved party
D) The offended party
- 43. Who has the obligation to prove the elements of every crime the accused is being charged of?
A) The accused
B) The private complainant
C) The State or the prosecution
D) The Offender
- 44. It is a written accusation subscribed by the prosecutor
A) Crime report.
B) Affidavit
C) Complaint
D) Information
- 45. What is the objective of every legal system?
A) Fairness
B) Acquittal of the accused
C) Justice
D) Punishment of the accused
- 46. It hears before it condemns. The accusatorial or adversarial system of criminal procedure adopts this
A) Fairness
B) Due process
C) Law and order
D) Procedure
- 47. The filing of the information in court is a necessary condition to the adjudication of a criminal action. This means that
A) No case, no criminal..
B) For a criminal proceedings to be initiated, a compalint or informaation must be filed in court
C) No case, no judgment
- 48. Who is entitled to both substantive and procedural due process?
A) Only the prosecution
B) Both the accused and the prosecution
C) None of these
D) Only the accused
- 49. This system of criminal procedure allows the detection of law violators by the law enforcers themselves and they may resort to violence and torture to obtain confession
A) Adversarial system
B) Mixed system
C) Accusatorial system
D) Inquisitorial system
- 50. What degree of proof is required to convict a person charged of a criminal offense
A) Proof beyond reasonable doubt
B) Convincing evidence
C) Sufficient evidence
D) Preponderance of evidence
- 51. Jurisdiction is provide or conferred by
A) The counsels
B) The Court
C) Law
D) The parties
- 52. Jurisdiction over the person of the accused may be acquired by the court by:
A) By his arraignment and plea.
B) By the rendition of the judgment of conviction.
C) By the filing of the case in court.
D) The arrest of the accused or his voluntary surrender.
- 53. Every person criminally liable is also civilly liable.
A) In civil cases only
B) False
C) True
D) In criminal cases only.
- 54. Jurisdiction is determined by
A) The defenses raised by the accused.
B) The allegations in the complaint or information
C) The nature of the crime
D) The place of the commission of the offense.
- 55. It refers to the jurisdiction over the place of the commission of the offense
A) Jurisdiction over the penalty for the offense
B) Jurisdiction over the territory.
C) Jurisdiction over the offense
D) Jurisdiction over the person of the accused
- 56. It may take place when a person who has already been arraigned escapes or jumps bail
A) Default judgment
B) Failure of trial
C) Mistrial
D) Trial in absentia
- 57. The complaint or information should contain the following:
A) Date and place of the commission of the offense.
B) All of these
C) Designation of the offense
D) Names of the accused and the offended party
- 58. The offended party may recover the damages he sustained twice in a criminal case and civil case
A) True
B) False
C) If allowed by the court
D) If pursued by the prosecutor
- 59. The complaint or information should be filed in
A) The court nearest the residence of the complainant
B) The court nearest to the residence of the parties.
C) The court which exercises jurisdiction over the offense charged
D) The court nearest the residence of the accused
- 60. The Rules on Criminal Procedure are provided by
A) Arts. 1-113, Revised Penal Code
B) Rules 110-127 of the Rules of Court
C) Rules 128-133, Rules of Court
D) Arts. 114-165, RPC
- 61. Jurisdiction is provide or conferred by
A) Law
B) The counsels
C) The Court
D) The parties
- 62. Jurisdiction over the person of the accused may be acquired by the court by
A) By the rendition of the judgment of conviction
B) By the filing of the case in court.
C) By his arraignment and plea
D) The arrest of the accused or his voluntary surrender.
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