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) MTC
C) Court of Appeals
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) Sandiganbayan
B) Court of Appeals
C) MTC
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) RTC
C) Supreme Court
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) Supreme Court
C) RTC
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) MTC
B) Court of Appeals
C) RTC
D) Barangay Justice System
  • 6. An accused petitions for bail after being charged with a capital offense. Which court determines the bail application?
A) RTC
B) MTC
C) Supreme Court
D) Sandiganbayan
  • 7. A petition for writ of amparo is filed against military personnel. Where is the proper venue?
A) MTC
B) Sandiganbayan
C) Court of Appeals
D) RTC
  • 8. A foreign corporation sues a local company for contractual disputes. Which court hears the case initially?
A) RTC
B) MTC
C) Court of Appeals
D) Supreme Court
  • 9. A party seeks annulment of marriage. Which court has jurisdiction?
A) Sandiganbayan
B) Court of Appeals
C) MTC
D) RTC (Family Court)
  • 10. A motion for reconsideration of a Sandiganbayan decision is denied. Where is the next legal remedy filed?
A) MTC
B) Supreme Court
C) RTC
D) Court of Appeals
  • 11. Criminal procedure primarily governs which aspect of the justice process?
A) Civil litigation procedures
B) Steps by which the State prosecutes violations of law
C) Administrative penalties
D) Arbitration procedures
  • 12. The purpose of a preliminary investigation is mainly to:
A) Conduct trial
B) Assess whether probable cause exists to file a case
C) Impose penalties
D) Determine guilt
  • 13. The concept of “probable cause” in criminal procedure refers to?
A) Mere suspicion
B) Absolute proof of guilt
C) A prosecutor’s opinion
D) A reasonable belief that an offense has been committed
  • 14. Arraignment is the stage where the court?
A) Evaluates mitigating circumstances
B) Decides on evidence admissibility
C) Informs the accused of the charges and receives the plea
D) Conducts mandatory mediation
  • 15. The purpose of a warrant of arrest is to:
A) Conduct preliminary investigation Answer: C
B) Place the accused under lawful custody
C) Initiate a complaint
D) File an information
  • 16. Bail primarily serves to:
A) Guarantee an acquittal
B) Reduce the penalty upon conviction
C) Ensure the accused appears in court
D) Replace detention with probation
  • 17. The right to counsel during custodial investigation ensures that the accused:
A) May be tried immediately
B) Can escape detention
C) Is protected from coercion and uninformed waivers
D) Can negotiate penalties
  • 18. The information filed by the prosecutor must contain:
A) Accused’s personal opinion
B) The acts complained of and the law violated
C) Witness names only
D) Proposed punishment
  • 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) 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) Defense is always last
B) Judge instructs them
C) Witnesses appear first
D) The State carries the burden of proof
  • 23. The judgment in a criminal case must be based on:
A) Evidence presented and the applicable law
B) Defense preference
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) Reviewing evidence
D) Drafting the decision
  • 25. Police officers arrested a suspect after he “acted suspiciously” but committed no overt act. Analyze the arrest.
A) Valid because suspicion is enough
B) Invalid because no element of in flagrante delicto is present
C) Valid only if a warrant follows within 24 hours
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 if the suspect is known in the community
B) Invalid because future acts do not justify warrantless arrest
C) Valid if suspect previously had a record
D) Valid as long as informant is reliable
  • 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) Valid if officers believe evidence is inside
B) Invalid because a warrant is limited to its specific location
C) Valid if within the same barangay
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 driver appears nervous
B) Valid because checkpoints allow all searches
C) Valid if the checkpoint is authorized
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) Valid only if homeowner consents
B) Invalid because theft is not a serious crime
C) Valid as hot pursuit allows warrantless entry
D) Invalid if suspect hides for more than 30 minutes
  • 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 the offense is grave
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 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 officers announce their identity
B) Invalid because nighttime service requires express authorization
C) Valid if probable cause existed
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 unless confirmed by a barangay official
C) Valid because officers maintain public order
D) Invalid because not all ordinances justify custodial arrest
  • 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) Valid because association is enough
B) Valid if both individuals knew each other
C) Valid because one person was a suspect
D) Invalid because no overt act showing involvement was observed
  • 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 search is within the same house
B) Valid if evidence is eventually found
C) Valid because consent is presumed broad
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 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) Motion for reconsideration
B) Preliminary investigation filing
C) Barangay mediation
D) Inquest review
  • 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) Pre-trial conference
B) Summary trial
C) Inquest proceeding
D) Judicial affidavit rule
  • 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) Proper if evidence is patently insufficient
B) Improper because counter-affidavits are always required
C) Proper if the case involves a barangay referral
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 when warrantless arrest is invalid
B) Correct only for capital offenses
C) Incorrect because suspects must stay under custody
D) Incorrect because only courts may release suspects
  • 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) Invalid because it must first undergo Katarungang Pambarangay conciliation
C) Valid if the complainant has legal counsel
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) Invalid because mediation must be completed
B) Valid only after three scheduled hearings
C) Invalid unless arbitrators are present
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) Valid only if the accused waives rights
B) Invalid unless witness examination happens
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) Invalid because offenses requiring PI must go through the prosecutor
B) Valid when barangay endorsement is unavailable
C) Valid if police have personal knowledge
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 as long as the suspect admits guilt
D) Valid if the barangay issues certification
  • 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 ensure the accused appears in court
D) To excuse the crime
  • 52. During arraignment, the accused pleads “not guilty.” What happens next?
A) Pre-trial and preparation for trial are scheduled
B) Judge dismisses the case
C) Trial begins immediately
D) Bail is automatically granted
  • 53. Pre-trial in criminal cases primarily aims to:
A) Decide on civil liabilities
B) Negotiate plea bargaining and mark evidence
C) Assign a prosecutor
D) Schedule judgment
  • 54. During trial, the prosecution must present its evidence first because:
A) Burden of proof lies with the State
B) Defense cannot start immediately
C) Witnesses must speak first
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 only if complainant objects
B) Improper because bail is a matter of right
C) Proper if the accused lacks counsel
D) Proper because bail is discretionary
  • 56. The court arraigned an accused without counsel and without valid waiver. Evaluate the arraignment.
A) Valid if court is overloaded
B) Valid since arraignment is formal
C) Invalid because counsel is mandatory unless properly waived
D) Valid if the accused understood the charge
  • 57. Pre-trial is scheduled, but the prosecution fails to appear without justification. What should occur?
A) Court requires accused to present evidence
B) Defense must postpone
C) Court may impose sanctions and proceed as justice requires
D) Case must be dismissed
  • 58. A judge accepts a guilty plea to a serious offense without conducting a searching inquiry. Assess the plea.
A) Invalid because the judge must ensure voluntariness and full understanding
B) Valid if prosecutor agrees
C) Valid if evidence is strong
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; prosecutors determine guilt
B) Invalid; only the court decides after hearing
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) Invalid; violates right to full cross-examination
B) Valid in minor offenses
C) Valid if both parties agree
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) Improper; prosecution consent is essential
B) Proper if defense offers restitution
C) Proper only if offense is light
D) Proper; court has full authority
  • 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 witness is material
C) Invalid; violates due process and right to rebut
D) Valid if trial is almost finished
  • 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 to shorten trial
D) Valid only if counsel agrees
  • 65. During direct examination, a prosecutor asks a child witness simple, age-appropriate questions. This illustrates:
A) Cross-examination
B) Hearsay objection
C) Improper leading
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) Force the witness
C) Ignore and proceed
D) Dismiss the witness
  • 67. Defense attorney asks leading questions during direct examination. This is:
A) Generally improper, except for hostile or child witnesses
B) Required to expedite trial
C) Always permitted
D) Always prohibited
  • 68. Prosecution presents evidence to refresh a witness’ memory. This occurs?
A) During cross-examination
B) During direct examination
C) Only for expert witnesses
D) Only during rebuttal
  • 69. Witness is asked to describe events chronologically during direct examination. This illustrates?
A) Hearsay
B) Leading question
C) Improper narrative
D) Proper direct examination strategy
  • 70. Child witness testifies with a social worker assisting in simple language. This demonstrates?
A) Improper testimony
B) Leading questioning
C) Violation of impartiality
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) Direct examination
C) Hearsay
D) Cross-examination strategy
  • 72. Defense attorney impeaches a witness using prior inconsistent statements. This procedure is:
A) Rebuttal evidence
B) Cross-examination
C) Direct 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) Reading testimony verbatim (improper)
C) Refreshing memory (proper)
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) Improper demonstration
C) Cross-examination tactic
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) Hearsay
C) Proper direct examination
D) Cross-examination
  • 76. During cross-examination, attorney asks witness to clarify statements made in direct examination. This illustrates?
A) Improper impeachment
B) Hearsay evidence
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) Cross-examination violation
C) Improper
D) Proper accommodation for child witness protection
  • 78. During direct examination, witness is asked only open-ended questions to narrate the incident. This exemplifies:
A) Leading questions
B) Cross-examination
C) Proper direct examination
D) Hearsay
  • 79. Attorney asks witness about contradictory statements made outside court to challenge credibility. This occurs during?
A) Direct examination
B) Pre-trial conference
C) Preliminary investigation
D) Cross-examination
  • 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) Leading question
D) Cross-examination violation
  • 81. Bail primarily exists to?
A) Ensure accused appears during trial
B) Reduce penalty
C) Replace detention with probation
D) Guarantee acquittal
  • 82. During arraignment, accused pleads “not guilty.” What happens next?
A) Trial begins immediately
B) Bail granted automatically
C) Case dismissed
D) Pre-trial is scheduled
  • 83. Pre-trial aims to?
A) Decide civil liabilities
B) Negotiate plea bargaining and mark evidence
C) Assign a prosecutor
D) Schedule judgment
  • 84. Cross-examination of witnesses primarily tests?
A) Witness’s memory, perception, and credibility
B) Prosecutor’s theory
C) Procedural technicalities
D) Judge’s discretion
  • 85. Child witnesses may testify using props or closed-circuit television to?
A) Influence testimony
B) Replace direct questioning
C) Make trial faster
D) Facilitate understanding and protect them from trauma
  • 86. Leading questions are generally allowed during cross-examination to
A) Test credibility and impeach statements
B) Suggest answers to witnesses
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) End trial
C) Challenge witness credibility
D) Confirm hearsay
  • 89. Witness testimony may be refreshed by?
A) Reviewing documents or reports to recall facts
B) Leading questions
C) Replacing witness
D) Oral suggestion
  • 90. Proper cross-examination allows?
A) Introducing new evidence without notice
B) Unlimited questioning without relevance
C) Skipping procedural rules
D) Testing witness statements and credibility
  • 91. Child witness testifies with assistance to?
A) Protect emotional well-being
B) Influence verdict
C) Avoid cross-examination
D) Violate impartiality
  • 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) Trial starts immediately
B) Clarification of issues, marking of evidence, and plea bargaining
C) Witness selection only
D) Verdict announcement
  • 94. Arraignment involves
A) Evidence evaluation
B) Trial on the merits
C) Informing accused of charges and receiving plea
D) Bail denial
  • 95. Arrest without a warrant is allowed when?
A) Officer has mere suspicion
B) Accused looks guilty
C) Ordinance requires detention
D) In flagrante delicto or hot pursuit
  • 96. Search and seizure without a warrant is valid if?
A) Consent is given
B) Any officer orders it
C) Evidence is in plain view and exigent circumstances exist
D) Officer feels probable cause
  • 97. Inquest proceeding occurs when?
A) Pre-trial is conducted
B) Suspect is arrested without warrant and brought to prosecutor within 12 hours
C) Case is dismissed
D) Bail is granted
  • 98. Preliminary investigation determines?
A) Sentence
B) Probable cause
C) Guilt
D) Bail amount
  • 99. Barangay Justice System aims to?
A) Replace courts
B) Conduct arrest
C) Settle disputes amicably before filing in courts
D) Collect fines
  • 100. Witness presentation, including child witnesses, must be conducted using?
A) Age-appropriate, understandable, and trauma-sensitive methods
B) Coercion
C) Leading questions only
D) Hearsay evidence
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