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) Supreme Court
B) Court of Appeals
C) MTC
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) 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) Supreme Court
B) Sandiganbayan
C) MTC
D) RTC
  • 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) MTC
C) RTC
D) Court of Appeals
  • 6. An accused petitions for bail after being charged with a capital offense. Which court determines the bail application?
A) MTC
B) Sandiganbayan
C) Supreme Court
D) RTC
  • 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) Supreme Court
B) Court of Appeals
C) MTC
D) RTC
  • 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) Court of Appeals
B) Supreme Court
C) MTC
D) RTC
  • 11. Criminal procedure primarily governs which aspect of the justice process?
A) Arbitration procedures
B) Civil litigation procedures
C) Steps by which the State prosecutes violations of law
D) Administrative penalties
  • 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) A reasonable belief that an offense has been committed
B) A prosecutor’s opinion
C) Absolute proof of guilt
D) Mere suspicion
  • 14. Arraignment is the stage where the court?
A) Conducts mandatory mediation
B) Informs the accused of the charges and receives the plea
C) Evaluates mitigating circumstances
D) Decides on evidence admissibility
  • 15. The purpose of a warrant of arrest is to:
A) File an information
B) Initiate a complaint
C) Conduct preliminary investigation Answer: C
D) Place the accused under lawful custody
  • 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) 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) Witness names only
C) The acts complained of and the law violated
D) Proposed punishment
  • 19. The exclusionary rule in criminal procedure means that:
A) Witnesses may be excluded
B) All evidence is admissible
C) Confessions are always valid
D) Evidence obtained illegally is inadmissible
  • 20. A motion to quash challenges the:
A) Credibility of witnesses
B) Judgment
C) Trial procedure
D) Validity of the complaint or information
  • 21. The concept of “double jeopardy” protects an accused from:
A) Being tried again for the same offense after acquittal
B) Civil suits
C) Multiple fines
D) Bail denial
  • 22. During trial, the prosecution presents evidence first because:
A) Witnesses appear first
B) Judge instructs them
C) Defense is always last
D) The State carries the burden of proof
  • 23. The judgment in a criminal case must be based on:
A) Defense preference
B) Prosecutor’s opinion
C) Evidence presented and the applicable law
D) Public interest
  • 24. The execution of judgment in criminal procedure refers to:
A) Filing appeals
B) Reviewing evidence
C) Drafting the decision
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 if officer believes crime might occur
B) Valid only if a warrant follows within 24 hours
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 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 if approved by a judge
C) Valid because purpose is clear
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) Valid if within the same barangay
C) Invalid because a warrant is limited to its specific location
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) Invalid because only visual inspection is allowed
B) Valid if the driver appears nervous
C) Valid if the checkpoint is authorized
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) 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 if suspect tries to flee
B) Valid if the offense is grave
C) Valid because it is still hot pursuit
D) Invalid because personal knowledge of the officer is lacking
  • 32. Officers arrest a man inside his home without a warrant, claiming they “felt something was wrong.” Evaluate the arrest.
A) Valid if the suspect was still awake
B) Valid because instinct may justify action
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) Valid since the warrant is lawful
C) Valid if officers announce their identity
D) Invalid because nighttime service requires express authorization
  • 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) Valid if digital crimes are later discovered
B) Valid only if owner does not object
C) Valid under plain view doctrine if immediately incriminating
D) Invalid because laptops are unrelated to firearms search
  • 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) Valid because association is enough
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 because consent is presumed broad
B) Invalid if consent did not expressly include closed compartments
C) Valid if search is within the same house
D) Valid if evidence is eventually found
  • 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 because such intrusive searches require probable cause
C) Valid if checkpoint is legal
D) Invalid only when done by non-uniformed personnel
  • 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) Inquest review
D) Barangay mediation
  • 40. A barangay captain attempts conciliation between neighbors involved in a minor physical injury case. Which mechanism is being used?
A) Court-annexed mediation
B) Police arbitration
C) Judicial dispute resolution
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) 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 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) Incorrect because suspects must stay under custody
B) Incorrect because only courts may release suspects
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) Invalid only when the accused refuses mediation
B) Valid because slander is a private crime
C) Invalid because it must first undergo Katarungang Pambarangay conciliation
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) Acceptable only if complainant’s affidavit is weak
B) Acceptable if endorsed by the barangay
C) Improper; failure to submit counter-affidavits waives the right to rebut evidence
D) Acceptable; the respondent may rely solely on legal arguments
  • 47. A barangay issues a Certification to File Action even though parties refuse to appear at mediation. Analyze the issuance.
A) Valid only after three scheduled hearings
B) Invalid unless arbitrators are present
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) Valid because clarificatory hearings are discretionary
B) Valid only if the accused waives rights
C) Invalid because hearings are always mandatory
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) Invalid because offenses requiring PI must go through the prosecutor
B) Valid if police have personal knowledge
C) Valid when barangay endorsement is unavailable
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) Valid as long as the suspect admits guilt
B) Invalid because the offense is not covered by warrantless arrest rules
C) Valid if the arresting officer is a barangay official
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 release the accused permanently
B) To ensure the accused appears in court
C) To excuse the crime
D) To reduce the penalty
  • 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) Assign a prosecutor
B) Negotiate plea bargaining and mark evidence
C) Decide on civil liabilities
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) Judge requires opening statements
D) Witnesses must speak first
  • 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) Improper because bail is a matter of right
B) Proper because bail is discretionary
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) 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) Defense must postpone
B) Court requires accused to present evidence
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) Valid if prosecutor agrees
B) Valid if evidence is strong
C) Valid if freely made
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) Invalid; only the court decides after hearing
C) Acceptable if affidavits are complete
D) Acceptable; prosecutors determine guilt
  • 60. During trial, the judge restricts cross-examination to “two questions per witness.” Assess.
A) Valid for efficiency
B) Invalid; violates right to full cross-examination
C) Valid if both parties agree
D) Valid in minor offenses
  • 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 if defense offers restitution
B) Proper only if offense is light
C) Improper; prosecution consent is essential
D) Proper; court has full authority
  • 63. Prosecution introduces a new witness after resting, without giving defense time to prepare. Evaluate.
A) Invalid; violates due process and right to rebut
B) Valid if witness is material
C) Valid if trial is almost finished
D) Valid; court may accept additional evidence anytime
  • 64. During trial, judge repeatedly prevents defense from presenting witnesses, claiming they are “unnecessary.” Evaluate.
A) Valid only if counsel agrees
B) Valid to shorten trial
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) 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) Force the witness
B) Dismiss the witness
C) Allow short breaks and comforting assistance
D) Ignore and proceed
  • 67. Defense attorney asks leading questions during direct examination. This is:
A) Required to expedite trial
B) Generally improper, except for hostile or child witnesses
C) Always permitted
D) Always prohibited
  • 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) 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) Accommodation for child witnesses
B) Violation of impartiality
C) Improper testimony
D) Leading questioning
  • 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) Direct examination
B) Cross-examination
C) Improper if done in court
D) Rebuttal evidence
  • 73. During direct examination, witness refers to a written report to explain events. This is:
A) Refreshing memory (proper)
B) Cross-examination
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) Leading question
C) Cross-examination tactic
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) Cross-examination technique
B) Improper impeachment
C) Direct examination
D) Hearsay evidence
  • 77. Child witness becomes scared and refuses to answer. Court allows testimony via closed-circuit TV. This is?
A) Improper
B) Cross-examination violation
C) Proper accommodation for child witness protection
D) Leading question
  • 78. During direct examination, witness is asked only open-ended questions to narrate the incident. This exemplifies:
A) Proper direct examination
B) Leading questions
C) Cross-examination
D) Hearsay
  • 79. Attorney asks witness about contradictory statements made outside court to challenge credibility. This occurs during?
A) Preliminary investigation
B) Cross-examination
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) Leading question
B) Improper coaching
C) Proper witness protection and accommodation
D) Cross-examination violation
  • 81. Bail primarily exists to?
A) Reduce penalty
B) Replace detention with probation
C) Guarantee acquittal
D) Ensure accused appears during trial
  • 82. During arraignment, accused pleads “not guilty.” What happens next?
A) Pre-trial is scheduled
B) Trial begins immediately
C) Case dismissed
D) Bail granted automatically
  • 83. Pre-trial aims to?
A) Assign a prosecutor
B) Schedule judgment
C) Negotiate plea bargaining and mark evidence
D) Decide civil liabilities
  • 84. Cross-examination of witnesses primarily tests?
A) Judge’s discretion
B) Procedural technicalities
C) Prosecutor’s theory
D) Witness’s memory, perception, and credibility
  • 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) Suggest answers to witnesses
B) Violate rights
C) Test credibility and impeach statements
D) Accelerate trial
  • 87. Direct examination should be conducted with?
A) Closed-ended questions only
B) Leading questions only
C) Open-ended questions
D) Hearsay questions
  • 88. In impeachment, prior inconsistent statements are used to?
A) Confirm hearsay
B) Challenge witness credibility
C) Support witness credibility
D) End trial
  • 89. Witness testimony may be refreshed by?
A) Oral suggestion
B) Replacing witness
C) Leading questions
D) Reviewing documents or reports to recall facts
  • 90. Proper cross-examination allows?
A) Testing witness statements and credibility
B) Introducing new evidence without notice
C) Unlimited questioning without relevance
D) Skipping procedural rules
  • 91. Child witness testifies with assistance to?
A) Violate impartiality
B) Influence verdict
C) Avoid cross-examination
D) Protect emotional well-being
  • 92. Judge ensures searching inquiry during plea to verify
A) Voluntariness and understanding
B) Plea bargaining
C) Sentence reduction
D) Guilt
  • 93. Pre-trial ensures
A) Clarification of issues, marking of evidence, and plea bargaining
B) Trial starts immediately
C) Witness selection only
D) Verdict announcement
  • 94. Arraignment involves
A) Evidence evaluation
B) Bail denial
C) Informing accused of charges and receiving plea
D) Trial on the merits
  • 95. Arrest without a warrant is allowed when?
A) Officer has mere suspicion
B) In flagrante delicto or hot pursuit
C) Ordinance requires detention
D) Accused looks guilty
  • 96. Search and seizure without a warrant is valid if?
A) Officer feels probable cause
B) Consent is given
C) Any officer orders it
D) Evidence is in plain view and exigent circumstances exist
  • 97. Inquest proceeding occurs when?
A) Case is dismissed
B) Pre-trial is conducted
C) Suspect is arrested without warrant and brought to prosecutor within 12 hours
D) Bail is granted
  • 98. Preliminary investigation determines?
A) Probable cause
B) Bail amount
C) Guilt
D) Sentence
  • 99. Barangay Justice System aims to?
A) Settle disputes amicably before filing in courts
B) Replace courts
C) Conduct arrest
D) Collect fines
  • 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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