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CLJ6-CPCTES
Contributed by: Three
  • 1. A case involving qualified theft with an amount of ₱1,300,000 is filed. Which court has original jurisdiction?
A) MTC
B) Court of Appeals
C) Sandiganbayan
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) MTC
C) Supreme Court
D) RTC
  • 4. A barangay official is charged with violation of the Anti-Graft and Corrupt Practices Act. Which court tries the case?
A) MTC
B) RTC
C) Sandiganbayan
D) Supreme Court
  • 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) Court of Appeals
B) Barangay Justice System
C) MTC
D) RTC
  • 6. An accused petitions for bail after being charged with a capital offense. Which court determines the bail application?
A) MTC
B) Sandiganbayan
C) RTC
D) Supreme Court
  • 7. A petition for writ of amparo is filed against military personnel. Where is the proper venue?
A) Court of Appeals
B) RTC
C) MTC
D) Sandiganbayan
  • 8. A foreign corporation sues a local company for contractual disputes. Which court hears the case initially?
A) Court of Appeals
B) Supreme Court
C) RTC
D) MTC
  • 9. A party seeks annulment of marriage. Which court has jurisdiction?
A) Sandiganbayan
B) Court of Appeals
C) RTC (Family Court)
D) MTC
  • 10. A motion for reconsideration of a Sandiganbayan decision is denied. Where is the next legal remedy filed?
A) Court of Appeals
B) RTC
C) Supreme Court
D) MTC
  • 11. Criminal procedure primarily governs which aspect of the justice process?
A) Administrative penalties
B) Steps by which the State prosecutes violations of law
C) Civil litigation procedures
D) Arbitration procedures
  • 12. The purpose of a preliminary investigation is mainly to:
A) Impose penalties
B) Conduct trial
C) Assess whether probable cause exists to file a case
D) Determine guilt
  • 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) Evaluates mitigating circumstances
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) Place the accused under lawful custody
B) Conduct preliminary investigation Answer: C
C) Initiate a complaint
D) File an information
  • 16. Bail primarily serves to:
A) Guarantee an acquittal
B) Ensure the accused appears in court
C) Reduce the penalty upon conviction
D) Replace detention with probation
  • 17. The right to counsel during custodial investigation ensures that the accused:
A) Is protected from coercion and uninformed waivers
B) May be tried immediately
C) Can negotiate penalties
D) Can escape detention
  • 18. The information filed by the prosecutor must contain:
A) Accused’s personal opinion
B) The acts complained of and the law violated
C) Proposed punishment
D) Witness names only
  • 19. The exclusionary rule in criminal procedure means that:
A) Witnesses may be excluded
B) All evidence is admissible
C) Evidence obtained illegally is inadmissible
D) Confessions are always valid
  • 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) Bail denial
B) Multiple fines
C) Being tried again for the same offense after acquittal
D) Civil suits
  • 22. During trial, the prosecution presents evidence first because:
A) Judge instructs them
B) Witnesses appear first
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) Prosecutor’s opinion
B) Evidence presented and the applicable law
C) Public interest
D) Defense preference
  • 24. The execution of judgment in criminal procedure refers to:
A) Drafting the decision
B) Enforcing the final penalty imposed by the court
C) Filing appeals
D) Reviewing evidence
  • 25. Police officers arrested a suspect after he “acted suspiciously” but committed no overt act. Analyze the arrest.
A) Invalid because no element of in flagrante delicto is present
B) Valid only if a warrant follows within 24 hours
C) Valid if officer believes crime might occur
D) Valid because suspicion is enough
  • 26. Officers arrest a suspect after a reliable informant claims the suspect “might transport drugs tomorrow.” Assess the legality.
A) Valid as long as informant is reliable
B) Invalid because future acts do not justify warrantless arrest
C) Valid if suspect previously had a record
D) Valid if the suspect is known in the community
  • 27. A search warrant states “illegal drugs and related contraband.” Evaluate the warrant.
A) Valid if approved by a judge
B) Valid because purpose is clear
C) Valid only if the search happens immediately
D) Invalid due to lack of particularity
  • 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 officers believe evidence is inside
C) Valid only if consent is implied
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) Valid only if homeowner consents
B) Invalid because theft is not a serious crime
C) Invalid if suspect hides for more than 30 minutes
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) Valid if the offense is grave
C) Invalid because personal knowledge of the officer is lacking
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) Invalid because warrantless home arrests require urgent necessity
B) Valid if the suspect was still awake
C) Valid because instinct may justify action
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 officers announce their identity
B) Invalid because nighttime service requires express authorization
C) Valid since the warrant is lawful
D) Valid if probable cause existed
  • 34. Police arrest a person for loitering in a public place at night, claiming it is a crime. Assess the arrest.
A) Invalid unless confirmed by a barangay official
B) Valid because officers maintain public order
C) Valid only if the area has a curfew
D) Invalid because not all ordinances justify custodial arrest
  • 35. Officers seize laptops during a search for firearms. Evaluate the seizure.
A) Valid if digital crimes are later discovered
B) Invalid because laptops are unrelated to firearms search
C) Valid only if owner does not object
D) Valid under plain view doctrine if immediately incriminating
  • 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 if search is within the same house
B) Invalid if consent did not expressly include closed compartments
C) Valid because consent is presumed broad
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) Invalid only when done by non-uniformed personnel
B) Invalid because such intrusive searches require probable cause
C) Valid if checkpoint is legal
D) Valid only if the driver is alone
  • 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) Barangay mediation
B) Motion for reconsideration
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) Barangay Justice System
C) Court-annexed mediation
D) Police arbitration
  • 41. A suspect arrested without a warrant is brought before the prosecutor within 12 hours. What proceeding must commence?
A) Inquest proceeding
B) Pre-trial conference
C) Judicial affidavit rule
D) Summary trial
  • 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) Certification to File Action
B) Automatic judicial referral
C) Prosecutorial endorsement
D) Direct filing privilege
  • 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) Correct only for capital offenses
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) Invalid because it must first undergo Katarungang Pambarangay conciliation
B) Valid if the complainant has legal counsel
C) Valid because slander is a private crime
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) Acceptable; the respondent may rely solely on legal arguments
B) Acceptable if endorsed by the barangay
C) Improper; failure to submit counter-affidavits waives the right to rebut evidence
D) Acceptable only if complainant’s affidavit is weak
  • 47. A barangay issues a Certification to File Action even though parties refuse to appear at mediation. Analyze the issuance.
A) Invalid unless arbitrators are present
B) Valid because non-appearance is ground for issuance
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) Invalid unless witness examination happens
C) Invalid because hearings are always mandatory
D) Valid only if the accused waives rights
  • 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) 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 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) Judge dismisses the case
B) Bail is automatically granted
C) Trial begins immediately
D) Pre-trial and preparation for trial are scheduled
  • 53. Pre-trial in criminal cases primarily aims to:
A) Decide on civil liabilities
B) Negotiate plea bargaining and mark evidence
C) Schedule judgment
D) Assign a prosecutor
  • 54. During trial, the prosecution must present its evidence first because:
A) Burden of proof lies with the State
B) Judge requires opening statements
C) Witnesses must speak first
D) Defense cannot start immediately
  • 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 if the accused lacks counsel
D) Proper only if complainant objects
  • 56. The court arraigned an accused without counsel and without valid waiver. Evaluate the arraignment.
A) Valid since arraignment is formal
B) Invalid because counsel is mandatory unless properly waived
C) Valid if court is overloaded
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 may impose sanctions and proceed as justice requires
B) Defense must postpone
C) Court requires accused to present evidence
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 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 affidavits are complete
B) Invalid; only the court decides after hearing
C) Acceptable; prosecutors determine guilt
D) Acceptable if case involves moral turpitude
  • 60. During trial, the judge restricts cross-examination to “two questions per witness.” Assess.
A) Valid if both parties agree
B) Valid for efficiency
C) Valid in minor offenses
D) Invalid; violates right to full cross-examination
  • 61. The accused was arraigned before the resolution of a pending motion to quash. Evaluate.
A) Proper if judge wants to expedite
B) Proper; arraignment must always proceed
C) Improper; motion to quash must be resolved first
D) Proper only if accused insists
  • 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 if trial is almost finished
B) Invalid; violates due process and right to rebut
C) Valid; court may accept additional evidence anytime
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) Hearsay objection
B) Improper leading
C) Proper direct examination considering age
D) Cross-examination
  • 66. During direct examination, a witness hesitates to answer due to trauma. What is correct?
A) Dismiss the witness
B) Ignore and proceed
C) Force the witness
D) Allow short breaks and comforting assistance
  • 67. Defense attorney asks leading questions during direct examination. This is:
A) Required to expedite trial
B) Always permitted
C) Always prohibited
D) Generally improper, except for hostile or child witnesses
  • 68. Prosecution presents evidence to refresh a witness’ memory. This occurs?
A) During cross-examination
B) Only during rebuttal
C) During direct examination
D) Only for expert witnesses
  • 69. Witness is asked to describe events chronologically during direct examination. This illustrates?
A) Improper narrative
B) Hearsay
C) Proper direct examination strategy
D) Leading question
  • 70. Child witness testifies with a social worker assisting in simple language. This demonstrates?
A) Violation of impartiality
B) Leading questioning
C) Accommodation for child witnesses
D) Improper testimony
  • 71. During cross-examination, the attorney asks questions to test the witness’ perception and memory. This is?
A) Direct examination
B) Hearsay
C) Cross-examination strategy
D) Improper leading
  • 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) Leading question
B) Refreshing memory (proper)
C) Cross-examination
D) Reading testimony verbatim (improper)
  • 74. Judge allows child witness to testify with simple props. This is an example of?
A) Cross-examination tactic
B) Leading question
C) Improper demonstration
D) Proper accommodation to enhance understanding
  • 75. Prosecutor asks a child witness to recount events in their own words, without suggesting answers. This demonstrates?
A) Hearsay
B) Leading question
C) Cross-examination
D) Proper direct examination
  • 76. During cross-examination, attorney asks witness to clarify statements made in direct examination. This illustrates?
A) Hearsay evidence
B) Improper impeachment
C) Direct examination
D) Cross-examination technique
  • 77. Child witness becomes scared and refuses to answer. Court allows testimony via closed-circuit TV. This is?
A) Leading question
B) Improper
C) Cross-examination violation
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) 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) Cross-examination
C) Pre-trial conference
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) Cross-examination violation
C) Leading question
D) Proper witness protection and accommodation
  • 81. Bail primarily exists to?
A) Reduce penalty
B) Guarantee acquittal
C) Replace detention with probation
D) Ensure accused appears during trial
  • 82. During arraignment, accused pleads “not guilty.” What happens next?
A) Pre-trial is scheduled
B) Bail granted automatically
C) Trial begins immediately
D) Case dismissed
  • 83. Pre-trial aims to?
A) Decide civil liabilities
B) Assign a prosecutor
C) Schedule judgment
D) Negotiate plea bargaining and mark evidence
  • 84. Cross-examination of witnesses primarily tests?
A) Procedural technicalities
B) Judge’s discretion
C) Witness’s memory, perception, and credibility
D) Prosecutor’s theory
  • 85. Child witnesses may testify using props or closed-circuit television to?
A) Make trial faster
B) Replace direct questioning
C) Influence testimony
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) Violate rights
C) Suggest answers to witnesses
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) Replacing witness
B) Leading questions
C) Reviewing documents or reports to recall facts
D) Oral suggestion
  • 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) Protect emotional well-being
B) Influence verdict
C) Avoid cross-examination
D) Violate impartiality
  • 92. Judge ensures searching inquiry during plea to verify
A) Guilt
B) Plea bargaining
C) Sentence reduction
D) Voluntariness and understanding
  • 93. Pre-trial ensures
A) Witness selection only
B) Clarification of issues, marking of evidence, and plea bargaining
C) Trial starts immediately
D) Verdict announcement
  • 94. Arraignment involves
A) Informing accused of charges and receiving plea
B) Evidence evaluation
C) Trial on the merits
D) Bail denial
  • 95. Arrest without a warrant is allowed when?
A) Accused looks guilty
B) In flagrante delicto or hot pursuit
C) Officer has mere suspicion
D) Ordinance requires detention
  • 96. Search and seizure without a warrant is valid if?
A) Any officer orders it
B) Evidence is in plain view and exigent circumstances exist
C) Consent is given
D) Officer feels probable cause
  • 97. Inquest proceeding occurs when?
A) Pre-trial is conducted
B) Case is dismissed
C) Bail is granted
D) Suspect is arrested without warrant and brought to prosecutor within 12 hours
  • 98. Preliminary investigation determines?
A) Sentence
B) Guilt
C) Bail amount
D) Probable cause
  • 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) Leading questions only
B) Coercion
C) Hearsay evidence
D) Age-appropriate, understandable, and trauma-sensitive methods
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