CLJ6-CPCTES
  • 1. A case involving qualified theft with an amount of ₱1,300,000 is filed. Which court has original jurisdiction?
A) Sandiganbayan
B) Court of Appeals
C) RTC
D) MTC
  • 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) Supreme Court
C) Court of Appeals
D) MTC
  • 3. An accused challenges the constitutionality of a search warrant issued by the RTC. Which court has authority to resolve the petition?
A) MTC
B) Supreme Court
C) RTC
D) Court of Appeals
  • 4. A barangay official is charged with violation of the Anti-Graft and Corrupt Practices Act. Which court tries the case?
A) MTC
B) Supreme Court
C) RTC
D) Sandiganbayan
  • 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) Barangay Justice System
C) Court of Appeals
D) MTC
  • 6. An accused petitions for bail after being charged with a capital offense. Which court determines the bail application?
A) MTC
B) RTC
C) Supreme Court
D) Sandiganbayan
  • 7. A petition for writ of amparo is filed against military personnel. Where is the proper venue?
A) RTC
B) Sandiganbayan
C) Court of Appeals
D) MTC
  • 8. A foreign corporation sues a local company for contractual disputes. Which court hears the case initially?
A) RTC
B) Court of Appeals
C) Supreme Court
D) MTC
  • 9. A party seeks annulment of marriage. Which court has jurisdiction?
A) Court of Appeals
B) MTC
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) RTC
B) Court of Appeals
C) Supreme Court
D) MTC
  • 11. Criminal procedure primarily governs which aspect of the justice process?
A) Civil litigation procedures
B) Administrative penalties
C) Steps by which the State prosecutes violations of law
D) Arbitration procedures
  • 12. The purpose of a preliminary investigation is mainly to:
A) Impose penalties
B) Conduct trial
C) Determine guilt
D) Assess whether probable cause exists to file a case
  • 13. The concept of “probable cause” in criminal procedure refers to?
A) A prosecutor’s opinion
B) Absolute proof of guilt
C) A reasonable belief that an offense has been committed
D) Mere suspicion
  • 14. Arraignment is the stage where the court?
A) Conducts mandatory mediation
B) Decides on evidence admissibility
C) Informs the accused of the charges and receives the plea
D) Evaluates mitigating circumstances
  • 15. The purpose of a warrant of arrest is to:
A) Initiate a complaint
B) Conduct preliminary investigation Answer: C
C) Place the accused under lawful custody
D) File an information
  • 16. Bail primarily serves to:
A) Reduce the penalty upon conviction
B) Replace detention with probation
C) Ensure the accused appears in court
D) Guarantee an acquittal
  • 17. The right to counsel during custodial investigation ensures that the accused:
A) Can negotiate penalties
B) Can escape detention
C) Is protected from coercion and uninformed waivers
D) May be tried immediately
  • 18. The information filed by the prosecutor must contain:
A) Witness names only
B) Proposed punishment
C) Accused’s personal opinion
D) The acts complained of and the law violated
  • 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) Credibility of witnesses
B) Validity of the complaint or information
C) Trial procedure
D) Judgment
  • 21. The concept of “double jeopardy” protects an accused from:
A) Being tried again for the same offense after acquittal
B) Multiple fines
C) Civil suits
D) Bail denial
  • 22. During trial, the prosecution presents evidence first because:
A) The State carries the burden of proof
B) Judge instructs them
C) Defense is always last
D) Witnesses appear first
  • 23. The judgment in a criminal case must be based on:
A) Prosecutor’s opinion
B) Public interest
C) Evidence presented and the applicable law
D) Defense preference
  • 24. The execution of judgment in criminal procedure refers to:
A) Filing appeals
B) Drafting the decision
C) Reviewing evidence
D) Enforcing the final penalty imposed by the court
  • 25. Police officers arrested a suspect after he “acted suspiciously” but committed no overt act. Analyze the arrest.
A) Valid only if a warrant follows within 24 hours
B) Valid if officer believes crime might occur
C) Valid because suspicion is enough
D) Invalid because no element of in flagrante delicto is present
  • 26. Officers arrest a suspect after a reliable informant claims the suspect “might transport drugs tomorrow.” Assess the legality.
A) Valid if suspect previously had a record
B) Valid if the suspect is known in the community
C) Valid as long as informant is reliable
D) Invalid because future acts do not justify warrantless arrest
  • 27. A search warrant states “illegal drugs and related contraband.” Evaluate the warrant.
A) Valid because purpose is clear
B) Invalid due to lack of particularity
C) Valid only if the search happens immediately
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 officers believe evidence is inside
C) Invalid because a warrant is limited to its specific location
D) Valid if within the same barangay
  • 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) Invalid because only visual inspection is allowed
C) Valid because checkpoints allow all searches
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 if suspect hides for more than 30 minutes
B) Valid only if homeowner consents
C) Invalid because theft is not a serious crime
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) Invalid because personal knowledge of the officer is lacking
C) Valid if suspect tries to flee
D) Valid if the offense is grave
  • 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 officers are experienced
C) Invalid because warrantless home arrests require urgent necessity
D) Valid if the suspect was still awake
  • 33. A valid warrant is served at 1:00 a.m. despite no justification for nighttime service. Evaluate the service.
A) Valid if probable cause existed
B) Invalid because nighttime service requires express authorization
C) Valid if officers announce their identity
D) Valid since the warrant is lawful
  • 34. Police arrest a person for loitering in a public place at night, claiming it is a crime. Assess the arrest.
A) Valid only if the area has a curfew
B) Invalid because not all ordinances justify custodial arrest
C) Invalid unless confirmed by a barangay official
D) Valid because officers maintain public order
  • 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 if digital crimes are later discovered
D) Valid only if owner does not object
  • 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 association is enough
C) Valid if both individuals knew each other
D) Valid because one person was a suspect
  • 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) Valid because consent is presumed broad
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) Valid only if the driver is alone
B) Invalid only when done by non-uniformed personnel
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) Motion for reconsideration
B) Barangay mediation
C) Inquest review
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) Judicial dispute resolution
B) Police arbitration
C) Barangay Justice System
D) Court-annexed mediation
  • 41. A suspect arrested without a warrant is brought before the prosecutor within 12 hours. What proceeding must commence?
A) Summary trial
B) Inquest proceeding
C) Judicial affidavit rule
D) Pre-trial conference
  • 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) Direct filing privilege
B) Automatic judicial referral
C) Certification to File Action
D) Prosecutorial endorsement
  • 43. A prosecutor dismisses a complaint for lack of probable cause without requiring counter-affidavits. Analyze the action.
A) Proper only if the defense requests it
B) Improper because counter-affidavits are always required
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) Correct when warrantless arrest is invalid
B) Incorrect because only courts may release suspects
C) Incorrect because suspects must stay under custody
D) Correct only for capital offenses
  • 45. A complaint involving slander is filed directly with the prosecutor without barangay conciliation. Assess the filing.
A) Invalid because it must first undergo Katarungang Pambarangay conciliation
B) Invalid only when the accused refuses mediation
C) Valid because slander is a private crime
D) Valid if the complainant has legal counsel
  • 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; the respondent may rely solely on legal arguments
C) Acceptable only if complainant’s affidavit is weak
D) Acceptable if endorsed by the barangay
  • 47. A barangay issues a Certification to File Action even though parties refuse to appear at mediation. Analyze the issuance.
A) Valid because non-appearance is ground for issuance
B) Invalid unless arbitrators are present
C) Invalid because mediation must be completed
D) Valid only after three scheduled hearings
  • 48. A prosecutor conducts preliminary investigation solely based on affidavits without clarificatory hearings. Evaluate the procedure.
A) Valid because clarificatory hearings are discretionary
B) Valid only if the accused waives rights
C) Invalid unless witness examination happens
D) Invalid because hearings are always mandatory
  • 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 the accused is detained
C) Valid if police have personal knowledge
D) Invalid because offenses requiring PI must go through the prosecutor
  • 50. A suspect is arrested without warrant for an offense punishable only by a fine. Evaluate the arrest.
A) Valid as long as the suspect admits guilt
B) Valid if the barangay issues certification
C) Valid if the arresting officer is a barangay official
D) Invalid because the offense is not covered by warrantless arrest rules
  • 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) Trial begins immediately
B) Pre-trial and preparation for trial are scheduled
C) Judge dismisses the case
D) Bail is automatically granted
  • 53. Pre-trial in criminal cases primarily aims to:
A) Decide on civil liabilities
B) Assign a prosecutor
C) Schedule judgment
D) Negotiate plea bargaining and mark evidence
  • 54. During trial, the prosecution must present its evidence first because:
A) Witnesses must speak first
B) Defense cannot start immediately
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 if the accused lacks counsel
B) Proper because bail is discretionary
C) Improper because bail is a matter of right
D) Proper only if complainant objects
  • 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 the accused understood the charge
C) Valid if court is overloaded
D) Valid since arraignment is formal
  • 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) Invalid because the judge must ensure voluntariness and full understanding
C) Valid if freely made
D) Valid if prosecutor agrees
  • 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; prosecutors determine guilt
C) Acceptable if affidavits are complete
D) Acceptable if case involves moral turpitude
  • 60. During trial, the judge restricts cross-examination to “two questions per witness.” Assess.
A) Valid in minor offenses
B) Valid for efficiency
C) Invalid; violates right to full cross-examination
D) Valid if both parties agree
  • 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; arraignment must always proceed
C) Proper only if accused insists
D) Proper if judge wants to expedite
  • 62. Court approves plea bargaining even though prosecution objects. Assess.
A) Proper; court has full authority
B) Improper; prosecution consent is essential
C) Proper only if offense is light
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) Invalid; violates due process and right to rebut
C) Valid; court may accept additional evidence anytime
D) Valid if trial is almost finished
  • 64. During trial, judge repeatedly prevents defense from presenting witnesses, claiming they are “unnecessary.” Evaluate.
A) Grossly improper; violates right to present evidence
B) Valid to shorten trial
C) Valid if prosecution evidence is strong
D) Valid only if counsel agrees
  • 65. During direct examination, a prosecutor asks a child witness simple, age-appropriate questions. This illustrates:
A) Proper direct examination considering age
B) Cross-examination
C) Improper leading
D) Hearsay objection
  • 66. During direct examination, a witness hesitates to answer due to trauma. What is correct?
A) Dismiss the witness
B) Ignore and proceed
C) Allow short breaks and comforting assistance
D) Force the witness
  • 67. Defense attorney asks leading questions during direct examination. This is:
A) Generally improper, except for hostile or child witnesses
B) Always prohibited
C) Always permitted
D) Required to expedite trial
  • 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) Hearsay
B) Improper narrative
C) Leading question
D) Proper direct examination strategy
  • 70. Child witness testifies with a social worker assisting in simple language. This demonstrates?
A) Improper testimony
B) Violation of impartiality
C) Leading questioning
D) Accommodation for child witnesses
  • 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) Rebuttal evidence
C) Direct examination
D) Cross-examination
  • 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) Improper demonstration
B) Cross-examination tactic
C) Proper accommodation to enhance understanding
D) Leading question
  • 75. Prosecutor asks a child witness to recount events in their own words, without suggesting answers. This demonstrates?
A) Leading question
B) Cross-examination
C) Proper direct examination
D) Hearsay
  • 76. During cross-examination, attorney asks witness to clarify statements made in direct examination. This illustrates?
A) Hearsay evidence
B) Cross-examination technique
C) Direct examination
D) Improper impeachment
  • 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) Leading question
D) Improper
  • 78. During direct examination, witness is asked only open-ended questions to narrate the incident. This exemplifies:
A) Cross-examination
B) Leading questions
C) Hearsay
D) Proper direct examination
  • 79. Attorney asks witness about contradictory statements made outside court to challenge credibility. This occurs during?
A) Direct examination
B) Pre-trial conference
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) Improper coaching
B) Proper witness protection and accommodation
C) Cross-examination violation
D) Leading question
  • 81. Bail primarily exists to?
A) Guarantee acquittal
B) Reduce penalty
C) Replace detention with probation
D) Ensure accused appears during trial
  • 82. During arraignment, accused pleads “not guilty.” What happens next?
A) Case dismissed
B) Bail granted automatically
C) Trial begins immediately
D) Pre-trial is scheduled
  • 83. Pre-trial aims to?
A) Assign a prosecutor
B) Decide civil liabilities
C) Negotiate plea bargaining and mark evidence
D) Schedule judgment
  • 84. Cross-examination of witnesses primarily tests?
A) Procedural technicalities
B) Prosecutor’s theory
C) Witness’s memory, perception, and credibility
D) Judge’s discretion
  • 85. Child witnesses may testify using props or closed-circuit television to?
A) Facilitate understanding and protect them from trauma
B) Influence testimony
C) Make trial faster
D) Replace direct questioning
  • 86. Leading questions are generally allowed during cross-examination to
A) Accelerate trial
B) Test credibility and impeach statements
C) Violate rights
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) Challenge witness credibility
B) End trial
C) Support witness credibility
D) Confirm hearsay
  • 89. Witness testimony may be refreshed by?
A) Oral suggestion
B) Reviewing documents or reports to recall facts
C) Leading questions
D) Replacing witness
  • 90. Proper cross-examination allows?
A) Introducing new evidence without notice
B) Skipping procedural rules
C) Unlimited questioning without relevance
D) Testing witness statements and credibility
  • 91. Child witness testifies with assistance to?
A) Avoid cross-examination
B) Influence verdict
C) Violate impartiality
D) Protect emotional well-being
  • 92. Judge ensures searching inquiry during plea to verify
A) Plea bargaining
B) Voluntariness and understanding
C) Guilt
D) Sentence reduction
  • 93. Pre-trial ensures
A) Witness selection only
B) Trial starts immediately
C) Verdict announcement
D) Clarification of issues, marking of evidence, and plea bargaining
  • 94. Arraignment involves
A) Evidence evaluation
B) Trial on the merits
C) Bail denial
D) Informing accused of charges and receiving plea
  • 95. Arrest without a warrant is allowed when?
A) Accused looks guilty
B) Ordinance requires detention
C) Officer has mere suspicion
D) In flagrante delicto or hot pursuit
  • 96. Search and seizure without a warrant is valid if?
A) Officer feels probable cause
B) Consent is given
C) Evidence is in plain view and exigent circumstances exist
D) Any officer orders it
  • 97. Inquest proceeding occurs when?
A) Bail is granted
B) Pre-trial is conducted
C) Case is dismissed
D) Suspect is arrested without warrant and brought to prosecutor within 12 hours
  • 98. Preliminary investigation determines?
A) Guilt
B) Probable cause
C) Bail amount
D) Sentence
  • 99. Barangay Justice System aims to?
A) Replace courts
B) Conduct arrest
C) Collect fines
D) Settle disputes amicably before filing in courts
  • 100. Witness presentation, including child witnesses, must be conducted using?
A) Hearsay evidence
B) Leading questions only
C) Coercion
D) Age-appropriate, understandable, and trauma-sensitive methods
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