CLJ6-CPCTES
  • 1. A case involving qualified theft with an amount of ₱1,300,000 is filed. Which court has original jurisdiction?
A) MTC
B) RTC
C) Court of Appeals
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) MTC
B) Court of Appeals
C) Supreme Court
D) Sandiganbayan
  • 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) RTC
C) MTC
D) Supreme Court
  • 4. A barangay official is charged with violation of the Anti-Graft and Corrupt Practices Act. Which court tries the case?
A) Supreme Court
B) RTC
C) Sandiganbayan
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) Barangay Justice System
B) Court of Appeals
C) MTC
D) RTC
  • 6. An accused petitions for bail after being charged with a capital offense. Which court determines the bail application?
A) RTC
B) MTC
C) Sandiganbayan
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) RTC
D) Sandiganbayan
  • 8. A foreign corporation sues a local company for contractual disputes. Which court hears the case initially?
A) MTC
B) Court of Appeals
C) RTC
D) Supreme Court
  • 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) MTC
B) RTC
C) Court of Appeals
D) Supreme Court
  • 11. Criminal procedure primarily governs which aspect of the justice process?
A) Arbitration procedures
B) Administrative penalties
C) Civil litigation procedures
D) Steps by which the State prosecutes violations of law
  • 12. The purpose of a preliminary investigation is mainly to:
A) Determine guilt
B) Impose penalties
C) Assess whether probable cause exists to file a case
D) Conduct trial
  • 13. The concept of “probable cause” in criminal procedure refers to?
A) Absolute proof of guilt
B) Mere suspicion
C) A prosecutor’s opinion
D) A reasonable belief that an offense has been committed
  • 14. Arraignment is the stage where the court?
A) Decides on evidence admissibility
B) Conducts mandatory mediation
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) Place the accused under lawful custody
C) File an information
D) Conduct preliminary investigation Answer: C
  • 16. Bail primarily serves to:
A) Guarantee an acquittal
B) Replace detention with probation
C) Reduce the penalty upon conviction
D) Ensure the accused appears in court
  • 17. The right to counsel during custodial investigation ensures that the accused:
A) Is protected from coercion and uninformed waivers
B) Can negotiate penalties
C) Can escape detention
D) May be tried immediately
  • 18. The information filed by the prosecutor must contain:
A) Proposed punishment
B) Accused’s personal opinion
C) The acts complained of and the law violated
D) Witness names only
  • 19. The exclusionary rule in criminal procedure means that:
A) All evidence is admissible
B) Evidence obtained illegally is inadmissible
C) Confessions are always valid
D) Witnesses may be excluded
  • 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) Civil suits
B) Multiple fines
C) Bail denial
D) Being tried again for the same offense after acquittal
  • 22. During trial, the prosecution presents evidence first because:
A) Witnesses appear first
B) Judge instructs them
C) The State carries the burden of proof
D) Defense is always last
  • 23. The judgment in a criminal case must be based on:
A) Defense preference
B) Evidence presented and the applicable law
C) Prosecutor’s opinion
D) Public interest
  • 24. The execution of judgment in criminal procedure refers to:
A) Enforcing the final penalty imposed by the court
B) Filing appeals
C) Drafting the decision
D) Reviewing evidence
  • 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 because suspicion is enough
C) Valid if officer believes crime might occur
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 the suspect is known in the community
B) Valid as long as informant is reliable
C) Valid if suspect previously had a record
D) Invalid because future acts do not justify warrantless arrest
  • 27. A search warrant states “illegal drugs and related contraband.” Evaluate the warrant.
A) Invalid due to lack of particularity
B) Valid because purpose is clear
C) Valid if approved by a judge
D) Valid only if the search happens immediately
  • 28. Police conduct a search of a house using a warrant issued for a different address. Evaluate the action.
A) Invalid because a warrant is limited to its specific location
B) Valid if within the same barangay
C) Valid if officers believe evidence is inside
D) Valid only if consent is implied
  • 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 if the driver appears nervous
C) Invalid because only visual inspection is allowed
D) Valid because checkpoints allow all searches
  • 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) Invalid because theft is not a serious crime
C) Valid as hot pursuit allows warrantless entry
D) Valid only if homeowner consents
  • 31. Police arrest a suspect hours after a crime based only on a vague description from a bystander. Evaluate the arrest.
A) Valid if suspect tries to flee
B) Invalid because personal knowledge of the officer is lacking
C) Valid because it is still hot pursuit
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 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) Valid if probable cause existed
B) Invalid because nighttime service requires express authorization
C) Valid since the warrant is lawful
D) Valid if officers announce their identity
  • 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 because officers maintain public order
C) Valid only if the area has a curfew
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 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) Valid if both individuals knew each other
B) Invalid because no overt act showing involvement was observed
C) Valid because one person was a suspect
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) Valid if checkpoint is legal
B) Invalid only when done by non-uniformed personnel
C) Valid only if the driver is alone
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) Inquest review
C) Barangay mediation
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) Barangay Justice System
B) Police arbitration
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) Inquest proceeding
B) Summary trial
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) Prosecutorial endorsement
C) Certification to File Action
D) Automatic judicial referral
  • 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) Proper only if the defense requests it
D) Improper because counter-affidavits are always required
  • 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) Correct only for capital offenses
C) Incorrect because only courts may release suspects
D) Incorrect because suspects must stay under custody
  • 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 because it must first undergo Katarungang Pambarangay conciliation
D) Invalid only when the accused refuses mediation
  • 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 because mediation must be completed
C) Invalid unless arbitrators are present
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 only if the accused waives rights
B) Invalid because hearings are always mandatory
C) Valid because clarificatory hearings are discretionary
D) Invalid unless witness examination happens
  • 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) Invalid because offenses requiring PI must go through the prosecutor
C) Valid if the accused is detained
D) Valid if police have personal knowledge
  • 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) Valid if the arresting officer is a barangay official
C) Valid as long as the suspect admits guilt
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 excuse the crime
C) To reduce the penalty
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) Bail is automatically granted
D) Judge dismisses the case
  • 53. Pre-trial in criminal cases primarily aims to:
A) Schedule judgment
B) Assign a prosecutor
C) Decide on civil liabilities
D) Negotiate plea bargaining and mark evidence
  • 54. During trial, the prosecution must present its evidence first because:
A) Witnesses must speak first
B) Burden of proof lies with the State
C) Defense cannot start immediately
D) Judge requires opening statements
  • 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) Proper only if complainant objects
C) Improper because bail is a matter of right
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) Valid if the accused understood the charge
C) Invalid because counsel is mandatory unless properly waived
D) Valid if court is overloaded
  • 57. Pre-trial is scheduled, but the prosecution fails to appear without justification. What should occur?
A) Court requires accused to present evidence
B) Court may impose sanctions and proceed as justice requires
C) Case must be dismissed
D) Defense must postpone
  • 58. A judge accepts a guilty plea to a serious offense without conducting a searching inquiry. Assess the plea.
A) Valid if prosecutor agrees
B) Valid if freely made
C) Valid if evidence is strong
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) Acceptable if case involves moral turpitude
B) Acceptable; prosecutors determine guilt
C) Acceptable if affidavits are complete
D) Invalid; only the court decides after hearing
  • 60. During trial, the judge restricts cross-examination to “two questions per witness.” Assess.
A) Valid for efficiency
B) Valid in minor offenses
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) Proper; arraignment must always proceed
B) Improper; motion to quash must be resolved first
C) Proper only if accused insists
D) Proper if judge wants to expedite
  • 62. Court approves plea bargaining even though prosecution objects. Assess.
A) Improper; prosecution consent is essential
B) Proper if defense offers restitution
C) Proper; court has full authority
D) Proper only if offense is light
  • 63. Prosecution introduces a new witness after resting, without giving defense time to prepare. Evaluate.
A) Valid; court may accept additional evidence anytime
B) Valid if trial is almost finished
C) Invalid; violates due process and right to rebut
D) Valid if witness is material
  • 64. During trial, judge repeatedly prevents defense from presenting witnesses, claiming they are “unnecessary.” Evaluate.
A) Valid if prosecution evidence is strong
B) Grossly improper; violates right to present evidence
C) Valid only if counsel agrees
D) Valid to shorten trial
  • 65. During direct examination, a prosecutor asks a child witness simple, age-appropriate questions. This illustrates:
A) Proper direct examination considering age
B) Hearsay objection
C) Improper leading
D) Cross-examination
  • 66. During direct examination, a witness hesitates to answer due to trauma. What is correct?
A) Dismiss the witness
B) Force the witness
C) Ignore and proceed
D) Allow short breaks and comforting assistance
  • 67. Defense attorney asks leading questions during direct examination. This is:
A) Always prohibited
B) Generally improper, except for hostile or child witnesses
C) Required to expedite trial
D) Always permitted
  • 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) Improper narrative
C) Proper direct examination strategy
D) Hearsay
  • 70. Child witness testifies with a social worker assisting in simple language. This demonstrates?
A) Improper testimony
B) Accommodation for child witnesses
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) Improper leading
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) Refreshing memory (proper)
B) Reading testimony verbatim (improper)
C) Leading question
D) Cross-examination
  • 74. Judge allows child witness to testify with simple props. This is an example of?
A) Leading question
B) Improper demonstration
C) Proper accommodation to enhance understanding
D) Cross-examination tactic
  • 75. Prosecutor asks a child witness to recount events in their own words, without suggesting answers. This demonstrates?
A) Cross-examination
B) Hearsay
C) Proper direct examination
D) Leading question
  • 76. During cross-examination, attorney asks witness to clarify statements made in direct examination. This illustrates?
A) Cross-examination technique
B) Improper impeachment
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) Leading question
C) Cross-examination violation
D) Improper
  • 78. During direct examination, witness is asked only open-ended questions to narrate the incident. This exemplifies:
A) Leading questions
B) Hearsay
C) Cross-examination
D) Proper direct examination
  • 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) Leading question
B) Improper coaching
C) Proper witness protection and accommodation
D) Cross-examination violation
  • 81. Bail primarily exists to?
A) Reduce penalty
B) Ensure accused appears during trial
C) Replace detention with probation
D) Guarantee acquittal
  • 82. During arraignment, accused pleads “not guilty.” What happens next?
A) Pre-trial is scheduled
B) Bail granted automatically
C) Case dismissed
D) Trial begins immediately
  • 83. Pre-trial aims to?
A) Assign a prosecutor
B) Negotiate plea bargaining and mark evidence
C) Decide civil liabilities
D) Schedule judgment
  • 84. Cross-examination of witnesses primarily tests?
A) Prosecutor’s theory
B) Judge’s discretion
C) Procedural technicalities
D) Witness’s memory, perception, and credibility
  • 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) 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) Open-ended questions
C) Leading questions only
D) Hearsay questions
  • 88. In impeachment, prior inconsistent statements are used to?
A) End trial
B) Challenge witness credibility
C) Confirm hearsay
D) Support witness credibility
  • 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) Testing witness statements and credibility
C) Unlimited questioning without relevance
D) Skipping procedural rules
  • 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) Voluntariness and understanding
B) Sentence reduction
C) Guilt
D) Plea bargaining
  • 93. Pre-trial ensures
A) Witness selection only
B) Verdict announcement
C) Trial starts immediately
D) Clarification of issues, marking of evidence, and plea bargaining
  • 94. Arraignment involves
A) Trial on the merits
B) Evidence evaluation
C) Informing accused of charges and receiving plea
D) Bail denial
  • 95. Arrest without a warrant is allowed when?
A) Accused looks guilty
B) Ordinance requires detention
C) In flagrante delicto or hot pursuit
D) Officer has mere suspicion
  • 96. Search and seizure without a warrant is valid if?
A) Officer feels probable cause
B) Evidence is in plain view and exigent circumstances exist
C) Consent is given
D) Any officer orders it
  • 97. Inquest proceeding occurs when?
A) Bail is granted
B) Suspect is arrested without warrant and brought to prosecutor within 12 hours
C) Pre-trial is conducted
D) Case is dismissed
  • 98. Preliminary investigation determines?
A) Guilt
B) Bail amount
C) Sentence
D) Probable cause
  • 99. Barangay Justice System aims to?
A) Collect fines
B) Settle disputes amicably before filing in courts
C) Replace courts
D) Conduct arrest
  • 100. Witness presentation, including child witnesses, must be conducted using?
A) Coercion
B) Hearsay evidence
C) Age-appropriate, understandable, and trauma-sensitive methods
D) Leading questions only
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