CLJ6-CPCTES
  • 1. A case involving qualified theft with an amount of ₱1,300,000 is filed. Which court has original jurisdiction?
A) Court of Appeals
B) MTC
C) Sandiganbayan
D) RTC
  • 2. A city prosecutor elevates an appeal on a dismissal order of the RTC in a criminal case. Which court reviews it?
A) Supreme Court
B) MTC
C) Sandiganbayan
D) Court of Appeals
  • 3. An accused challenges the constitutionality of a search warrant issued by the RTC. Which court has authority to resolve the petition?
A) Supreme Court
B) Court of Appeals
C) RTC
D) MTC
  • 4. A barangay official is charged with violation of the Anti-Graft and Corrupt Practices Act. Which court tries the case?
A) Sandiganbayan
B) RTC
C) Supreme Court
D) MTC
  • 5. A civil action for damages amounting to ₱250,000 arising from a vehicular accident in a province is filed. Where should it be filed?
A) RTC
B) Court of Appeals
C) Barangay Justice System
D) MTC
  • 6. An accused petitions for bail after being charged with a capital offense. Which court determines the bail application?
A) Supreme Court
B) RTC
C) MTC
D) Sandiganbayan
  • 7. A petition for writ of amparo is filed against military personnel. Where is the proper venue?
A) RTC
B) MTC
C) Court of Appeals
D) Sandiganbayan
  • 8. A foreign corporation sues a local company for contractual disputes. Which court hears the case initially?
A) Supreme Court
B) MTC
C) RTC
D) Court of Appeals
  • 9. A party seeks annulment of marriage. Which court has jurisdiction?
A) MTC
B) Court of Appeals
C) RTC (Family Court)
D) Sandiganbayan
  • 10. A motion for reconsideration of a Sandiganbayan decision is denied. Where is the next legal remedy filed?
A) Supreme Court
B) MTC
C) RTC
D) Court of Appeals
  • 11. Criminal procedure primarily governs which aspect of the justice process?
A) Steps by which the State prosecutes violations of law
B) Arbitration procedures
C) Administrative penalties
D) Civil litigation procedures
  • 12. The purpose of a preliminary investigation is mainly to:
A) Assess whether probable cause exists to file a case
B) Determine guilt
C) Conduct trial
D) Impose penalties
  • 13. The concept of “probable cause” in criminal procedure refers to?
A) Mere suspicion
B) A prosecutor’s opinion
C) Absolute proof of guilt
D) A reasonable belief that an offense has been committed
  • 14. Arraignment is the stage where the court?
A) Conducts mandatory mediation
B) Evaluates mitigating circumstances
C) Informs the accused of the charges and receives the plea
D) Decides on evidence admissibility
  • 15. The purpose of a warrant of arrest is to:
A) Place the accused under lawful custody
B) Initiate a complaint
C) File an information
D) Conduct preliminary investigation Answer: C
  • 16. Bail primarily serves to:
A) Ensure the accused appears in court
B) Reduce the penalty upon conviction
C) Guarantee an acquittal
D) Replace detention with probation
  • 17. The right to counsel during custodial investigation ensures that the accused:
A) Can escape detention
B) May be tried immediately
C) Can negotiate penalties
D) Is protected from coercion and uninformed waivers
  • 18. The information filed by the prosecutor must contain:
A) Proposed punishment
B) The acts complained of and the law violated
C) Witness names only
D) Accused’s personal opinion
  • 19. The exclusionary rule in criminal procedure means that:
A) Confessions are always valid
B) All evidence is admissible
C) Evidence obtained illegally is inadmissible
D) Witnesses may be excluded
  • 20. A motion to quash challenges the:
A) Trial procedure
B) Credibility of witnesses
C) Judgment
D) Validity of the complaint or information
  • 21. The concept of “double jeopardy” protects an accused from:
A) Bail denial
B) Being tried again for the same offense after acquittal
C) Multiple fines
D) Civil suits
  • 22. During trial, the prosecution presents evidence first because:
A) Defense is always last
B) The State carries the burden of proof
C) Witnesses appear first
D) Judge instructs them
  • 23. The judgment in a criminal case must be based on:
A) Evidence presented and the applicable law
B) Prosecutor’s opinion
C) Public interest
D) Defense preference
  • 24. The execution of judgment in criminal procedure refers to:
A) Reviewing evidence
B) Enforcing the final penalty imposed by the court
C) Filing appeals
D) Drafting the decision
  • 25. Police officers arrested a suspect after he “acted suspiciously” but committed no overt act. Analyze the arrest.
A) Invalid because no element of in flagrante delicto is present
B) Valid only if a warrant follows within 24 hours
C) Valid because suspicion is enough
D) Valid if officer believes crime might occur
  • 26. Officers arrest a suspect after a reliable informant claims the suspect “might transport drugs tomorrow.” Assess the legality.
A) Valid as long as informant is reliable
B) Invalid because future acts do not justify warrantless arrest
C) Valid if the suspect is known in the community
D) Valid if suspect previously had a record
  • 27. A search warrant states “illegal drugs and related contraband.” Evaluate the warrant.
A) Valid only if the search happens immediately
B) Invalid due to lack of particularity
C) Valid because purpose is clear
D) Valid if approved by a judge
  • 28. Police conduct a search of a house using a warrant issued for a different address. Evaluate the action.
A) Valid only if consent is implied
B) Valid if within the same barangay
C) Valid if officers believe evidence is inside
D) Invalid because a warrant is limited to its specific location
  • 29. During a checkpoint, officers search all closed bags inside a vehicle without probable cause. Assess the search.
A) Valid if the driver appears nervous
B) Valid if the checkpoint is authorized
C) Valid because checkpoints allow all searches
D) Invalid because only visual inspection is allowed
  • 30. Officers enter a residence without a warrant because a suspect ran inside after committing theft. Analyze the entry.
A) Invalid if suspect hides for more than 30 minutes
B) Valid as hot pursuit allows warrantless entry
C) Valid only if homeowner consents
D) Invalid because theft is not a serious crime
  • 31. Police arrest a suspect hours after a crime based only on a vague description from a bystander. Evaluate the arrest.
A) Valid because it is still hot pursuit
B) Valid if the offense is grave
C) Invalid because personal knowledge of the officer is lacking
D) Valid if suspect tries to flee
  • 32. Officers arrest a man inside his home without a warrant, claiming they “felt something was wrong.” Evaluate the arrest.
A) Invalid because warrantless home arrests require urgent necessity
B) Valid if the suspect was still awake
C) Valid because instinct may justify action
D) Valid if officers are experienced
  • 33. A valid warrant is served at 1:00 a.m. despite no justification for nighttime service. Evaluate the service.
A) Valid since the warrant is lawful
B) Invalid because nighttime service requires express authorization
C) Valid if officers announce their identity
D) Valid if probable cause existed
  • 34. Police arrest a person for loitering in a public place at night, claiming it is a crime. Assess the arrest.
A) Invalid because not all ordinances justify custodial arrest
B) Valid only if the area has a curfew
C) Valid because officers maintain public order
D) Invalid unless confirmed by a barangay official
  • 35. Officers seize laptops during a search for firearms. Evaluate the seizure.
A) Invalid because laptops are unrelated to firearms search
B) Valid under plain view doctrine if immediately incriminating
C) Valid only if owner does not object
D) Valid if digital crimes are later discovered
  • 36. During a warrantless arrest in flagrante delicto, police only saw the suspect talking to a person involved in a crime. Analyze the procedure.
A) Valid because one person was a suspect
B) Invalid because no overt act showing involvement was observed
C) Valid if both individuals knew each other
D) Valid because association is enough
  • 37. Police search a locked drawer during a consented search of a living room. The homeowner did not specify limits. Evaluate the search.
A) Valid because consent is presumed broad
B) Valid if evidence is eventually found
C) Valid if search is within the same house
D) Invalid if consent did not expressly include closed compartments
  • 38. Officers conduct a full-body search of a driver at a checkpoint without any suspicious behavior. Evaluate the action.
A) Invalid only when done by non-uniformed personnel
B) Valid if checkpoint is legal
C) Invalid because such intrusive searches require probable cause
D) Valid only if the driver is alone
  • 39. A complainant submits a sworn statement and evidence to the prosecutor’s office for a criminal offense. What procedural stage is being initiated?
A) Barangay mediation
B) Inquest review
C) Motion for reconsideration
D) Preliminary investigation filing
  • 40. A barangay captain attempts conciliation between neighbors involved in a minor physical injury case. Which mechanism is being used?
A) Police arbitration
B) Barangay Justice System
C) Court-annexed mediation
D) Judicial dispute resolution
  • 41. A suspect arrested without a warrant is brought before the prosecutor within 12 hours. What proceeding must commence?
A) Judicial affidavit rule
B) Pre-trial conference
C) Summary trial
D) Inquest proceeding
  • 42. A party files a criminal complaint directly with the MTC after failing to settle at the barangay level. Which requirement has been met?
A) Prosecutorial endorsement
B) Automatic judicial referral
C) Direct filing privilege
D) Certification to File Action
  • 43. A prosecutor dismisses a complaint for lack of probable cause without requiring counter-affidavits. Analyze the action.
A) Improper because counter-affidavits are always required
B) Proper only if the defense requests it
C) Proper if evidence is patently insufficient
D) Proper if the case involves a barangay referral
  • 44. An inquest officer orders the release of a suspect and converts the inquest into a regular preliminary investigation. Evaluate this decision.
A) Incorrect because only courts may release suspects
B) Incorrect because suspects must stay under custody
C) Correct only for capital offenses
D) Correct when warrantless arrest is invalid
  • 45. A complaint involving slander is filed directly with the prosecutor without barangay conciliation. Assess the filing.
A) Valid because slander is a private crime
B) Valid if the complainant has legal counsel
C) Invalid only when the accused refuses mediation
D) Invalid because it must first undergo Katarungang Pambarangay conciliation
  • 46. During preliminary investigation, the respondent refuses to submit counter-affidavits but asks for outright dismissal. Evaluate this action.
A) Improper; failure to submit counter-affidavits waives the right to rebut evidence
B) Acceptable if endorsed by the barangay
C) Acceptable; the respondent may rely solely on legal arguments
D) Acceptable only if complainant’s affidavit is weak
  • 47. A barangay issues a Certification to File Action even though parties refuse to appear at mediation. Analyze the issuance.
A) Invalid unless arbitrators are present
B) Valid only after three scheduled hearings
C) Valid because non-appearance is ground for issuance
D) Invalid because mediation must be completed
  • 48. A prosecutor conducts preliminary investigation solely based on affidavits without clarificatory hearings. Evaluate the procedure.
A) Invalid unless witness examination happens
B) Valid only if the accused waives rights
C) Invalid because hearings are always mandatory
D) Valid because clarificatory hearings are discretionary
  • 49. Police file a criminal complaint directly in court for a crime requiring preliminary investigation. Assess the filing.
A) Valid when barangay endorsement is unavailable
B) Valid if police have personal knowledge
C) Invalid because offenses requiring PI must go through the prosecutor
D) Valid if the accused is detained
  • 50. A suspect is arrested without warrant for an offense punishable only by a fine. Evaluate the arrest.
A) Invalid because the offense is not covered by warrantless arrest rules
B) Valid if the arresting officer is a barangay official
C) Valid if the barangay issues certification
D) Valid as long as the suspect admits guilt
  • 51. Bail is filed for an accused in a non-capital offense. Which is the primary purpose?
A) To reduce the penalty
B) To release the accused permanently
C) To excuse the crime
D) To ensure the accused appears in court
  • 52. During arraignment, the accused pleads “not guilty.” What happens next?
A) Trial begins immediately
B) Bail is automatically granted
C) Pre-trial and preparation for trial are scheduled
D) Judge dismisses the case
  • 53. Pre-trial in criminal cases primarily aims to:
A) Negotiate plea bargaining and mark evidence
B) Schedule judgment
C) Decide on civil liabilities
D) Assign a prosecutor
  • 54. During trial, the prosecution must present its evidence first because:
A) Defense cannot start immediately
B) Witnesses must speak first
C) Judge requires opening statements
D) Burden of proof lies with the State
  • 55. A judge refuses to hear a petition for bail in a non-capital offense and requires the accused to remain detained. Analyze the judge’s action.
A) Proper because bail is discretionary
B) Improper because bail is a matter of right
C) Proper only if complainant objects
D) Proper if the accused lacks counsel
  • 56. The court arraigned an accused without counsel and without valid waiver. Evaluate the arraignment.
A) Invalid because counsel is mandatory unless properly waived
B) Valid if court is overloaded
C) Valid if the accused understood the charge
D) Valid since arraignment is formal
  • 57. Pre-trial is scheduled, but the prosecution fails to appear without justification. What should occur?
A) Court requires accused to present evidence
B) Case must be dismissed
C) Defense must postpone
D) Court may impose sanctions and proceed as justice requires
  • 58. A judge accepts a guilty plea to a serious offense without conducting a searching inquiry. Assess the plea.
A) Valid if evidence is strong
B) Valid if freely made
C) Valid if prosecutor agrees
D) Invalid because the judge must ensure voluntariness and full understanding
  • 59. The defense requests a bail hearing, but prosecution claims it is unnecessary because they “believe evidence of guilt is strong.” Evaluate.
A) Invalid; only the court decides after hearing
B) Acceptable if affidavits are complete
C) Acceptable if case involves moral turpitude
D) Acceptable; prosecutors determine guilt
  • 60. During trial, the judge restricts cross-examination to “two questions per witness.” Assess.
A) Valid if both parties agree
B) Valid in minor offenses
C) Invalid; violates right to full cross-examination
D) Valid for efficiency
  • 61. The accused was arraigned before the resolution of a pending motion to quash. Evaluate.
A) Proper if judge wants to expedite
B) Improper; motion to quash must be resolved first
C) Proper only if accused insists
D) Proper; arraignment must always proceed
  • 62. Court approves plea bargaining even though prosecution objects. Assess.
A) Proper only if offense is light
B) Proper; court has full authority
C) Improper; prosecution consent is essential
D) Proper if defense offers restitution
  • 63. Prosecution introduces a new witness after resting, without giving defense time to prepare. Evaluate.
A) Valid if witness is material
B) Valid; court may accept additional evidence anytime
C) Valid if trial is almost finished
D) Invalid; violates due process and right to rebut
  • 64. During trial, judge repeatedly prevents defense from presenting witnesses, claiming they are “unnecessary.” Evaluate.
A) Valid if prosecution evidence is strong
B) Valid to shorten trial
C) Valid only if counsel agrees
D) Grossly improper; violates right to present evidence
  • 65. During direct examination, a prosecutor asks a child witness simple, age-appropriate questions. This illustrates:
A) Cross-examination
B) Improper leading
C) Hearsay objection
D) Proper direct examination considering age
  • 66. During direct examination, a witness hesitates to answer due to trauma. What is correct?
A) Allow short breaks and comforting assistance
B) Ignore and proceed
C) Force the witness
D) Dismiss the witness
  • 67. Defense attorney asks leading questions during direct examination. This is:
A) Always permitted
B) Always prohibited
C) Required to expedite trial
D) Generally improper, except for hostile or child witnesses
  • 68. Prosecution presents evidence to refresh a witness’ memory. This occurs?
A) Only for expert witnesses
B) During direct examination
C) During cross-examination
D) Only during rebuttal
  • 69. Witness is asked to describe events chronologically during direct examination. This illustrates?
A) Improper narrative
B) Hearsay
C) Proper direct examination strategy
D) Leading question
  • 70. Child witness testifies with a social worker assisting in simple language. This demonstrates?
A) Accommodation for child witnesses
B) Improper testimony
C) Leading questioning
D) Violation of impartiality
  • 71. During cross-examination, the attorney asks questions to test the witness’ perception and memory. This is?
A) Hearsay
B) Cross-examination strategy
C) Direct examination
D) Improper leading
  • 72. Defense attorney impeaches a witness using prior inconsistent statements. This procedure is:
A) Direct examination
B) Rebuttal evidence
C) Cross-examination
D) Improper if done in court
  • 73. During direct examination, witness refers to a written report to explain events. This is:
A) Cross-examination
B) Refreshing memory (proper)
C) Leading question
D) Reading testimony verbatim (improper)
  • 74. Judge allows child witness to testify with simple props. This is an example of?
A) Proper accommodation to enhance understanding
B) Cross-examination tactic
C) Leading question
D) Improper demonstration
  • 75. Prosecutor asks a child witness to recount events in their own words, without suggesting answers. This demonstrates?
A) Proper direct examination
B) Leading question
C) Cross-examination
D) Hearsay
  • 76. During cross-examination, attorney asks witness to clarify statements made in direct examination. This illustrates?
A) Improper impeachment
B) Cross-examination technique
C) Hearsay evidence
D) Direct examination
  • 77. Child witness becomes scared and refuses to answer. Court allows testimony via closed-circuit TV. This is?
A) Proper accommodation for child witness protection
B) Cross-examination violation
C) Improper
D) Leading question
  • 78. During direct examination, witness is asked only open-ended questions to narrate the incident. This exemplifies:
A) Leading questions
B) Proper direct examination
C) Cross-examination
D) Hearsay
  • 79. Attorney asks witness about contradictory statements made outside court to challenge credibility. This occurs during?
A) Cross-examination
B) Preliminary investigation
C) Direct examination
D) Pre-trial conference
  • 80. Child witness testifies in the presence of a familiar adult to reduce stress while questions are simplified. This procedure is
A) Cross-examination violation
B) Improper coaching
C) Leading question
D) Proper witness protection and accommodation
  • 81. Bail primarily exists to?
A) Replace detention with probation
B) Guarantee acquittal
C) Reduce penalty
D) Ensure accused appears during trial
  • 82. During arraignment, accused pleads “not guilty.” What happens next?
A) Bail granted automatically
B) Case dismissed
C) Trial begins immediately
D) Pre-trial is scheduled
  • 83. Pre-trial aims to?
A) Negotiate plea bargaining and mark evidence
B) Schedule judgment
C) Decide civil liabilities
D) Assign a prosecutor
  • 84. Cross-examination of witnesses primarily tests?
A) Prosecutor’s theory
B) Witness’s memory, perception, and credibility
C) Procedural technicalities
D) Judge’s discretion
  • 85. Child witnesses may testify using props or closed-circuit television to?
A) Replace direct questioning
B) Facilitate understanding and protect them from trauma
C) Make trial faster
D) Influence testimony
  • 86. Leading questions are generally allowed during cross-examination to
A) Violate rights
B) Test credibility and impeach statements
C) Accelerate trial
D) Suggest answers to witnesses
  • 87. Direct examination should be conducted with?
A) Closed-ended questions only
B) Leading questions only
C) Hearsay questions
D) Open-ended questions
  • 88. In impeachment, prior inconsistent statements are used to?
A) Confirm hearsay
B) End trial
C) Challenge witness credibility
D) Support witness credibility
  • 89. Witness testimony may be refreshed by?
A) Leading questions
B) Replacing witness
C) Oral suggestion
D) Reviewing documents or reports to recall facts
  • 90. Proper cross-examination allows?
A) Skipping procedural rules
B) Unlimited questioning without relevance
C) Introducing new evidence without notice
D) Testing witness statements and credibility
  • 91. Child witness testifies with assistance to?
A) Influence verdict
B) Protect emotional well-being
C) Violate impartiality
D) Avoid cross-examination
  • 92. Judge ensures searching inquiry during plea to verify
A) Plea bargaining
B) Sentence reduction
C) Voluntariness and understanding
D) Guilt
  • 93. Pre-trial ensures
A) Verdict announcement
B) Clarification of issues, marking of evidence, and plea bargaining
C) Witness selection only
D) Trial starts immediately
  • 94. Arraignment involves
A) Bail denial
B) Informing accused of charges and receiving plea
C) Trial on the merits
D) Evidence evaluation
  • 95. Arrest without a warrant is allowed when?
A) In flagrante delicto or hot pursuit
B) Ordinance requires detention
C) Officer has mere suspicion
D) Accused looks guilty
  • 96. Search and seizure without a warrant is valid if?
A) Consent is given
B) Officer feels probable cause
C) Any officer orders it
D) Evidence is in plain view and exigent circumstances exist
  • 97. Inquest proceeding occurs when?
A) Bail is granted
B) Case is dismissed
C) Pre-trial is conducted
D) Suspect is arrested without warrant and brought to prosecutor within 12 hours
  • 98. Preliminary investigation determines?
A) Guilt
B) Bail amount
C) Probable cause
D) Sentence
  • 99. Barangay Justice System aims to?
A) Collect fines
B) Settle disputes amicably before filing in courts
C) Conduct arrest
D) Replace courts
  • 100. Witness presentation, including child witnesses, must be conducted using?
A) Hearsay evidence
B) Leading questions only
C) Age-appropriate, understandable, and trauma-sensitive methods
D) Coercion
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