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