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PRE TEST
Contributed by: Pascual
  • 1. Who among the following may not conduct a preliminary investigation?
A) • Judges of the MTC or MCTC
B) National prosecutors
C) City or provincial prosecutors or their assistants
D) State prosecutors
  • 2. The following determines the jurisdiction in criminal cases, EXCEPT:
A) Subject matter
B) Social status of the accused
C) Territory or venue of the offense
D) Person of the accused
  • 3. This system of criminal justice is conducted either at the initiative of the public prosecutor or the offended party and the right to appeal is limited to the defense.
A) Mixed
B) Accusatorial
C) Inquisitorial
D) Fixed
  • 4. During the custodial investigation at the police, M was informed of his constitutional rights to remain silent and to have an independent and competent counsel. He decided to waive his right to counsel and proceeded to make a statement admitting to have committed homicide. In the same incident, he implicated C, his co-conspirator in the crime. Is the statement of M admissible?
A) The statement of M is not admissible.
B) All of these are correct.
C) The waiver of counsel was not made in the
D) It is also not admissible to C even if conspiracy is proven between M and C, as the statement > made after the conspiracy ceased.
  • 5. Nhen may bail be considered as a matter of discretion?
A) In capital offenses
B) In cases punishable by penalties which are not afflictive
C) In capital offenses
D) • In capital offenses when the evidence of guilt is strong
  • 6. It is the taking a person into custody in order that he may be bound to answer for the commission of an offense.
A) Detention
B) Seizure
C) Arrest
D) Restraint
  • 7. When may the offended party be allowed to intervene in criminal cases?
A) When he has not waived the civil action
B) When he has filed the civil action before the criminal case
C) When he has waived the civil action.
D) • When he has expressly reserved the right to institute a separate civil action
  • 8. Which among the following is not an essential requisite of a complaint or an information? a.
    It must be filed in court
A) It must be in writing
B) It must be filed in court
C) It must be filed in the office of the prosecutor
D) It must be in the name of the People of the philippines
  • 9. If the crime charged is unclear, what motion may be filed before arraignment?
A) Motion to dismiss
B) Motion to quash
C) Bill of Particulars
D) Motion for new trial
  • 10. It is defined as a method fixed by law for the apprehension and prosecution of persons alleged to have committed a crime, and for their punishment is case of conviction.
A) Criminal investigation
B) Criminal procedure
C) Criminal surveillance
D) Rules of procedure
  • 11. If there are facts and issues to be clarified from a party or witness - within 10 days after submission of counter affidavit, the prosecutor may conduct:
A) Inquest
B) Clarificatory hearing
C) Determination of probable cause
D) Preliminary investigation
  • 12. Who among the following it not authorized to conduct preliminary investigation?
A) Judges of MTC and MCTC
B) City Prosecutors
C) Provincial Prosecutors
D) State Prosecutors
  • 13. Within 10 days after receipt of subpoena with the complaint and supporting affidavits and documents
    - respondent submits:
A) counter-affidavit
B) motion to dismiss
C) motion for bill of particulars
D) motion to quash
  • 14. The well-established rule is that the conduct of preliminary investigation is a function that belongs to the:
A) Law enforcers
B) Public prosecutor
C) Courts
D) Investigative bodies
  • 15. Within 10 days after the filing of the complaint, the prosecutor or fiscal determines if there is
A) Witnesses
B) Proof beyond reasonable doubt
C) Probable cause
D) Enough evidence
  • 16. There is reasonable certainty of conviction when:
A) the complaint underwent a conciliationproceeding before the Lupon
B) there are witnesses against the respondent
C) a prima facie case exists based on the evidence-at-hand
D) a complaint is filed against the respondent
  • 17. Rule 112 of the Rules of Court provides for:
A) Filing of the criminal case
B) Prosecution of offenses
C) Preliminary investigation
D) Inquest
  • 18. Direct filing with the MTC or MCTC may be done
    >
    if:
A) If the case does not require preliminary investigation
B) If the prosecutor is not available
C) For light offenses
D) In case of direct filing
  • 19. Which of the following is not the purpose of preliminary investigation?
A) to protect the state itself from useless and wasteful trial.
B) to spare the innocent from trouble, expenses, and anxiety of a public trial
C) to protect the innocent against hasty prosecution
D) to hasten the filing of the case against the accused in court
  • 20. Preliminary investigation is required before the filing of complaint or information for an offense where the penalty prescribed by law is imprisonment of at least:
A) At least 6 years
B) 4 years, 2 months
C) 4 years to 6 years
D) 4 years, 2 months and 1 day
  • 21. X, Y and Z were convicted by the Regional Trial Court for murder and while under detention they appealed such judgment to the Court of Appeals.
    In case any of them or all of them escapes from prison, what happens to the appeal?
A) The Court of Appeals may dismiss the appeal.
B) The appeal will be deemed abandoned.
C) The appeal will be suspended.
D) The appeal will push through.
  • 22. When does a judgment become final?
A) When the sentence has been partially or totally satisfied or served.
B) All of these.
C) When the accused has waived in writing his right to appeal or has applied for probation.
D) When the accused has waived in writing his right to appeal or has applied for probation.
  • 23. If X, Y, and Z were convicted by the trial court and only X appealed and the appeal resulted to the reversal of the judgment, will such affect Y and Z?
A) Yes, because the reversal of the conviction is favorable to Y and Z.
B) No, it will benefit only X who appealed.
C) No, because such is violative of due process.
D) Yes, if they wish to avail of the favorable judgment of the appellate court.
  • 24. Arraignment may be suspended when the accused appears to be of unsound mental condition or the court finds the existence of a_______:
A) Motion to Dismiss
B) Motion to Quash
C) Valid prejudicial question
D) Motion for Bill of Particulars
  • 25. X embezzled the money belonging to Y. Y then filed an estafa case against X. To prevent X from disposing his properties while the case is being tried and prevent X from disposing them, what provisional remedy may Y avail of?
A) Replevin
B) All of these.
C) Support pendete lite.
D) Attachment
  • 26. Modification of the judgment must be:
A) Motion of the accused.
B) Motu proprio on the part of the accused.
C) Upon motion from any party.
D) Motu proprio on the part of the court.
  • 27. It refers to an offense under the law existing at the time of the commission and application for admission to bail may be punished with death.
A) Capital offense.
B) Mala prohibita
C) Mala in se
D) Special crime
  • 28. What is the effect of the withdrawal of appeal by the accused?
A) The judgment becomes executory.
B) The judgment becomes final.
C) The judgment becomes immutable.
D) None of these.
  • 29. A, B, and C were tried and convicted of 3 counts of murder as charged. The Court of Appeals upheld their conviction and the case was elevated to the Supreme Court. While the case was being reviewed on appeal by the Supreme Court, C withdrew his appeal. Subsequently, the Supreme Court found the appellant guilty of 3 counts of homicide not murder. C pleaded to the Supreme Court that he avail of the favorable judgment rendered on appeal to the Supreme Court even if he withdrew his appeal. May his request be granted?
A) Yes, because it will be unfair to C if he will not benefit from the favorable judgment on appeal especially that they acted in conspiracy.
B) Yes, because the favorable judgment shall benefit all the ›laccused as they supposedly acted in conspiracy.
C) No, because he withdraw his appeal
D) No, because his withdrawal of his appeal is equivalent to waiver of any favorable judgment on appeal.
  • 30. Which court may try cases and conduct hearings, receive evidence and perform all acts necessary to resolve factual issues raised in cases appealed before it?
A) Metropolitan Trial Court
B) Court of Appeals
C) Sandiganbayan
D) Regional Trial Court
  • 31. Which of the following is NOT a provisional remedy under Rule 127?
A) Replevin
B) Certiorari
C) Preliminary attachment
D) Preliminary injunction.
  • 32. The order of trial is:
A) Prosecution, rebuttal, defense, submission for decision.
B) Prosecution, defense, rebuttal, submission for decision.
C) Defense, rebuttal, prosecution, submission for decision.
D) Defense, prosecution, rebuttal, submission for decision.
  • 33. In the Philippines, the system of criminal procedure is:
A) Fixed system
B) Inquisitorial system
C) Mixed system
D) Accusatorial system
  • 34. The following personal property may be considered as objects of the search warrant, except those which are:
A) Property of the accused.
B) Subject of the offense.
C) Stolen or embezzled and other fruits of the cirme.
D) Used or intended to be used as a means of commission of an offense.
  • 35. The re-opening of the proceedings:
A) At the instance of the judge motu proprio or upon motion.
B) Should be done at anytime before the finality of judgment.
C) Is done to avoid miscarriage of justice.
D) All of these.
  • 36. A person designated by the court to assist destitute litigants:
A) Counsel of record
B) Amicus curae
C) Counsel de parte
D) Counsel de officio
  • 37. Appeal is a statutory privilege. What does this imply?
A) It can be exercised freely.
B) All of these
C) It may be exercised only in the manner and in accordance with the provisions of law.
D) It is also available as remedy of the accused.
  • 38. Jurisdiction over the person of the accused is:
A) Acuired by stipulation of the parties.
B) Conferred by law.
C) Determined by the penalty imposable.
D) Acquired upon his arrest or voluntary surrender.
  • 39. Which of the following is NOT one of the requisites of a judgment?
A) It must be personally and directly prepared and signed by the judge.
B) It must contain clearly and distinctly a statement of the facts and the law upon which it is based.
C) It must be written in the official language.
D) It must be grammatical and coherent.
  • 40. WW, the wife, commits adultery with a man, MM, the wife of MM filed the complaint. Should the complaint prosper?
A) No, because the complaint should be filed by the private prosecutor.
B) No, because the complaint should be filed by the police.
C) No, because the wife of MM is not the offended spouse.
D) No, because the complaint should be filed by the public prosecutor.
  • 41. The institution of a criminal action depends:
A) Upon whether or not the offense is one which requires a preliminary investigation.
B) Upon whether or not there is a private offended party.
C) Upon whether or not there is civil liability.
D) Upon whether or not the offense is a private offense.
  • 42. Jurisdiction over the subject matter is:
A) Acquired by the voluntary surrender of the accused.
B) Acquired upon the arrest of the accused.
C) Determined by the penalty prescribed by law.
D) Conferred by law.
  • 43. A system characterized by the right to confrontation, to a public trial and be heard by competent counsel.
A) Accusatorial System
B) Inquisitorial System
C) Fixed System
D) Mixed System
  • 44. Which among the following is a non-bailable offense?
A) Libel
B) Robbery
C) Rape
D) Homicide
  • 45. A move for the annulment of the criminal charge made by an accused is:
A) Demurrer to evidence
B) Plea bargaining
C) Bill of Particulars
D) Motion to quash
  • 46. Civil action for the recovery of civil damages arising from a criminal offense is deemed instituted with the criminal action. This rule does not apply in the following cases, EXCEPT:
A) When the offended party institutes the criminal action.
B) When the offended party institutes the civil action before the criminal action.
C) When the offended party reserves the right to institute a separate civil action.
D) When the offended party waives the civil action.
  • 47. EXCEPT FOR ONE, preliminary investigation is also designed to:
A) Free the respondent from the expense of a formal trial.
B) Free the respondent from any criminal liability.
C) Free the respondent from the inconvenience of a formal trial.
D) Free the respondent from ignominy and stress of a formal trial.
  • 48. The following EXCEPT one, are valid venues, where may petition for suspension of criminal action by reason of a pending prejudicial question in a civil proceeding:
A) None of these.
B) Office of the prosecutor
C) The court where the civil case is pending.
D) The court where the criminal case is pending.
  • 49. When an accused is discharged as a state witness, it is comparable to:
A) Reprieve
B) Acquittal
C) Commutation
D) Conviction
  • 50. If the complaint or information was already filed pursuant to a lawful warrantless arrest, the court shall issue a:
A) Mittimus
B) Warrant of arrest
C) Bench warrant
D) Commitment order
  • 51. What is the basis of provisional remedies in criminal action?
A) All of these
B) The damages which are separately instituted.
C) The obligations which might result from the criminal case.
D) The civil action which is deemed instituted in a criminal case.
  • 52. A judgment of conviction may be modified or set aside, upon motion of the accused, before:
A) Plea bargaining
B) None of these is correct.
C) Availment of post sentence remedies.
D) Judgment becomes final or appeal is perfected.
  • 53. Which among the following may not be filed before the judgment becomes final?
A) Motion for Reconsideration
B) Motion to Quash
C) Notice of Appeal
D) Motion for New Trial
  • 54. Cases on appeal on judgment rendered by a Municipal Trial Court shall be elevated where?
A) Court of Appeals
B) Regional Trial Court
C) Supreme Court
D) Sandiganbayan
  • 55. A judicial examination and determination of the issues is an action or proceeding, civil or criminal.
A) Trial
B) Pre Trial
C) Plea bargaining
D) Plea Trial
  • 56. Ground for demurrer to evidence:
A) Irrelevant evidence
B) Motion to Quash
C) Insufficiency of evidence
D) Prejudicial question
  • 57. What is the lifetime of a search warrant.
A) 15 days from issue
B) 10 days from date
C) 15 days from date
D) 10 days from issue
  • 58. It refers to the adjudication by the court that the accused is guilty or not guilty of the offense charged; and the imposition of proper penalty and civil liability provided for by law on the accused.
A) Conviction
B) Conclusion
C) Disposition
D) Judgment
  • 59. The complaint or information is filed in the name of the People of the Philippines because:
A) A criminal offense is considered to have been committed against the entire social order.
B) The criminal offense is mala prohibitum.
C) A criminal offense is committed against private individuals.
D) A criminal offense is mala in se.
  • 60. A counsel de officio is generally given how many days to prepare for trial after the pre-trial?
A) 5 days
B) 10 days
C) 30 days
D) 15 days
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