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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) Court of Appeals
B) Sandiganbayan
C) MTC
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) Court of Appeals
B) MTC
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) 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) Supreme Court
B) MTC
C) Sandiganbayan
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) MTC
B) Barangay Justice System
C) Court of Appeals
D) RTC
  • 6. An accused petitions for bail after being charged with a capital offense. Which court determines the bail application?
A) Supreme Court
B) Sandiganbayan
C) MTC
D) RTC
  • 7. A petition for writ of amparo is filed against military personnel. Where is the proper venue?
A) Court of Appeals
B) MTC
C) RTC
D) Sandiganbayan
  • 8. A foreign corporation sues a local company for contractual disputes. Which court hears the case initially?
A) RTC
B) Court of Appeals
C) Supreme Court
D) MTC
  • 9. A party seeks annulment of marriage. Which court has jurisdiction?
A) RTC (Family Court)
B) Sandiganbayan
C) Court of Appeals
D) MTC
  • 10. A motion for reconsideration of a Sandiganbayan decision is denied. Where is the next legal remedy filed?
A) MTC
B) Court of Appeals
C) RTC
D) Supreme Court
  • 11. Criminal procedure primarily governs which aspect of the justice process?
A) Arbitration procedures
B) Civil litigation procedures
C) Administrative penalties
D) Steps by which the State prosecutes violations of law
  • 12. The purpose of a preliminary investigation is mainly to:
A) Conduct trial
B) Determine guilt
C) Assess whether probable cause exists to file a case
D) Impose penalties
  • 13. The concept of “probable cause” in criminal procedure refers to?
A) A prosecutor’s opinion
B) Absolute proof of guilt
C) A reasonable belief that an offense has been committed
D) Mere suspicion
  • 14. Arraignment is the stage where the court?
A) Decides on evidence admissibility
B) Informs the accused of the charges and receives the plea
C) Conducts mandatory mediation
D) Evaluates mitigating circumstances
  • 15. The purpose of a warrant of arrest is to:
A) Initiate a complaint
B) File an information
C) Place the accused under lawful custody
D) Conduct preliminary investigation Answer: C
  • 16. Bail primarily serves to:
A) Reduce the penalty upon conviction
B) Ensure the accused appears in court
C) Guarantee an acquittal
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) Can negotiate penalties
D) Is protected from coercion and uninformed waivers
  • 18. The information filed by the prosecutor must contain:
A) The acts complained of and the law violated
B) Accused’s personal opinion
C) Witness names only
D) Proposed punishment
  • 19. The exclusionary rule in criminal procedure means that:
A) Witnesses may be excluded
B) Evidence obtained illegally is inadmissible
C) All evidence is admissible
D) Confessions are always valid
  • 20. A motion to quash challenges the:
A) Trial procedure
B) Validity of the complaint or information
C) Judgment
D) Credibility of witnesses
  • 21. The concept of “double jeopardy” protects an accused from:
A) Multiple fines
B) Civil suits
C) Being tried again for the same offense after acquittal
D) Bail denial
  • 22. During trial, the prosecution presents evidence first because:
A) Judge instructs them
B) The State carries the burden of proof
C) Witnesses appear first
D) Defense is always last
  • 23. The judgment in a criminal case must be based on:
A) Evidence presented and the applicable law
B) Public interest
C) Prosecutor’s opinion
D) Defense preference
  • 24. The execution of judgment in criminal procedure refers to:
A) Drafting the decision
B) Filing appeals
C) Reviewing evidence
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 because suspicion is enough
B) Valid only if a warrant follows within 24 hours
C) Invalid because no element of in flagrante delicto is present
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 as long as informant is reliable
B) Valid if the suspect is known in the community
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) Valid if approved by a judge
B) Invalid due to lack of particularity
C) Valid only if the search happens immediately
D) Valid because purpose is clear
  • 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 only if consent is implied
C) Invalid because a warrant is limited to its specific location
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) Invalid because only visual inspection is allowed
B) Valid because checkpoints allow all searches
C) Valid if the driver appears nervous
D) Valid if the checkpoint is authorized
  • 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 because it is still hot pursuit
B) Valid if suspect tries to flee
C) Invalid because personal knowledge of the officer is lacking
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) Invalid because warrantless home arrests require urgent necessity
B) Valid if officers are experienced
C) Valid if the suspect was still awake
D) Valid because instinct may justify action
  • 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 if officers announce their identity
C) Invalid because nighttime service requires express authorization
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) Invalid unless confirmed by a barangay official
B) Invalid because not all ordinances justify custodial arrest
C) Valid because officers maintain public order
D) Valid only if the area has a curfew
  • 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 under plain view doctrine if immediately incriminating
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 because one person was a suspect
B) Invalid because no overt act showing involvement was observed
C) Valid if both individuals knew each other
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) Invalid if consent did not expressly include closed compartments
B) Valid if evidence is eventually found
C) Valid if search is within the same house
D) Valid because consent is presumed broad
  • 38. Officers conduct a full-body search of a driver at a checkpoint without any suspicious behavior. Evaluate the action.
A) Invalid because such intrusive searches require probable cause
B) Invalid only when done by non-uniformed personnel
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) Inquest review
B) Preliminary investigation filing
C) Barangay mediation
D) Motion for reconsideration
  • 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) Judicial affidavit rule
B) Inquest proceeding
C) Pre-trial conference
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) Prosecutorial endorsement
C) Automatic judicial referral
D) Direct filing privilege
  • 43. A prosecutor dismisses a complaint for lack of probable cause without requiring counter-affidavits. Analyze the action.
A) Improper because counter-affidavits are always required
B) Proper if the case involves a barangay referral
C) Proper only if the defense requests it
D) Proper if evidence is patently insufficient
  • 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 suspects must stay under custody
C) Correct only for capital offenses
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) 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 if endorsed by the barangay
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) Valid only after three scheduled hearings
B) Invalid unless arbitrators are present
C) Invalid because mediation must be completed
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) Invalid unless witness examination happens
B) Invalid because hearings are always mandatory
C) Valid only if the accused waives rights
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 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 if the arresting officer is a barangay official
B) Invalid because the offense is not covered by warrantless arrest rules
C) Valid if the barangay issues certification
D) Valid as long as the suspect admits guilt
  • 51. Bail is filed for an accused in a non-capital offense. Which is the primary purpose?
A) To ensure the accused appears in court
B) To excuse the crime
C) To release the accused permanently
D) To reduce the penalty
  • 52. During arraignment, the accused pleads “not guilty.” What happens next?
A) Pre-trial and preparation for trial are scheduled
B) Bail is automatically granted
C) Judge dismisses the case
D) Trial begins immediately
  • 53. Pre-trial in criminal cases primarily aims to:
A) Schedule judgment
B) Decide on civil liabilities
C) Negotiate plea bargaining and mark evidence
D) Assign a prosecutor
  • 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 only if complainant objects
B) Proper if the accused lacks counsel
C) Proper because bail is discretionary
D) Improper because bail is a matter of right
  • 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 the accused understood the charge
D) Valid if court is overloaded
  • 57. Pre-trial is scheduled, but the prosecution fails to appear without justification. What should occur?
A) Case must be dismissed
B) Court may impose sanctions and proceed as justice requires
C) Defense must postpone
D) Court requires accused to present evidence
  • 58. A judge accepts a guilty plea to a serious offense without conducting a searching inquiry. Assess the plea.
A) Valid if freely made
B) Valid if prosecutor agrees
C) Invalid because the judge must ensure voluntariness and full understanding
D) Valid if evidence is strong
  • 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 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) Proper if judge wants to expedite
C) Proper only if accused insists
D) Improper; motion to quash must be resolved first
  • 62. Court approves plea bargaining even though prosecution objects. Assess.
A) Proper; court has full authority
B) Proper if defense offers restitution
C) Proper only if offense is light
D) Improper; prosecution consent is essential
  • 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) Valid if trial is almost finished
D) Invalid; violates due process and right to rebut
  • 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) Grossly improper; violates right to present evidence
D) Valid if prosecution evidence is strong
  • 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) Cross-examination
D) Improper leading
  • 66. During direct examination, a witness hesitates to answer due to trauma. What is correct?
A) Allow short breaks and comforting assistance
B) Ignore and proceed
C) Dismiss the witness
D) Force the witness
  • 67. Defense attorney asks leading questions during direct examination. This is:
A) Required to expedite trial
B) Always prohibited
C) Generally improper, except for hostile or child witnesses
D) Always permitted
  • 68. Prosecution presents evidence to refresh a witness’ memory. This occurs?
A) Only during rebuttal
B) During cross-examination
C) Only for expert witnesses
D) During direct examination
  • 69. Witness is asked to describe events chronologically during direct examination. This illustrates?
A) Improper narrative
B) Hearsay
C) Leading question
D) Proper direct examination strategy
  • 70. Child witness testifies with a social worker assisting in simple language. This demonstrates?
A) Accommodation for child witnesses
B) Improper testimony
C) Violation of impartiality
D) Leading questioning
  • 71. During cross-examination, the attorney asks questions to test the witness’ perception and memory. This is?
A) Cross-examination strategy
B) Direct examination
C) Improper leading
D) Hearsay
  • 72. Defense attorney impeaches a witness using prior inconsistent statements. This procedure is:
A) Improper if done in court
B) Cross-examination
C) Rebuttal evidence
D) Direct examination
  • 73. During direct examination, witness refers to a written report to explain events. This is:
A) Refreshing memory (proper)
B) Leading question
C) Reading testimony verbatim (improper)
D) Cross-examination
  • 74. Judge allows child witness to testify with simple props. This is an example of?
A) Cross-examination tactic
B) Proper accommodation to enhance understanding
C) Leading question
D) Improper demonstration
  • 75. Prosecutor asks a child witness to recount events in their own words, without suggesting answers. This demonstrates?
A) Cross-examination
B) Leading question
C) Proper direct examination
D) Hearsay
  • 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) Improper
B) Leading question
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) Proper direct examination
B) Leading questions
C) Hearsay
D) Cross-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) Proper witness protection and accommodation
B) Leading question
C) Cross-examination violation
D) Improper coaching
  • 81. Bail primarily exists to?
A) Replace detention with probation
B) Ensure accused appears during trial
C) Guarantee acquittal
D) Reduce penalty
  • 82. During arraignment, accused pleads “not guilty.” What happens next?
A) Pre-trial is scheduled
B) Case dismissed
C) Trial begins immediately
D) Bail granted automatically
  • 83. Pre-trial aims to?
A) Schedule judgment
B) Decide civil liabilities
C) Assign a prosecutor
D) Negotiate plea bargaining and mark evidence
  • 84. Cross-examination of witnesses primarily tests?
A) Judge’s discretion
B) Procedural technicalities
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) Influence testimony
C) Facilitate understanding and protect them from trauma
D) Replace direct questioning
  • 86. Leading questions are generally allowed during cross-examination to
A) Violate rights
B) Suggest answers to witnesses
C) Accelerate trial
D) Test credibility and impeach statements
  • 87. Direct examination should be conducted with?
A) Open-ended questions
B) Leading questions only
C) Hearsay questions
D) Closed-ended questions only
  • 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) Replacing witness
B) Leading questions
C) Reviewing documents or reports to recall facts
D) Oral suggestion
  • 90. Proper cross-examination allows?
A) Skipping procedural rules
B) Introducing new evidence without notice
C) Unlimited questioning without relevance
D) Testing witness statements and credibility
  • 91. Child witness testifies with assistance to?
A) Avoid cross-examination
B) Violate impartiality
C) Protect emotional well-being
D) Influence verdict
  • 92. Judge ensures searching inquiry during plea to verify
A) Plea bargaining
B) Guilt
C) Voluntariness and understanding
D) Sentence reduction
  • 93. Pre-trial ensures
A) Verdict announcement
B) Trial starts immediately
C) Clarification of issues, marking of evidence, and plea bargaining
D) Witness selection only
  • 94. Arraignment involves
A) Informing accused of charges and receiving plea
B) Bail denial
C) Evidence evaluation
D) Trial on the merits
  • 95. Arrest without a warrant is allowed when?
A) Accused looks guilty
B) In flagrante delicto or hot pursuit
C) Ordinance requires detention
D) Officer has mere suspicion
  • 96. Search and seizure without a warrant is valid if?
A) Evidence is in plain view and exigent circumstances exist
B) Officer feels probable cause
C) Consent is given
D) Any officer orders it
  • 97. Inquest proceeding occurs when?
A) Case is dismissed
B) Suspect is arrested without warrant and brought to prosecutor within 12 hours
C) Bail is granted
D) Pre-trial is conducted
  • 98. Preliminary investigation determines?
A) Bail amount
B) Guilt
C) Probable cause
D) Sentence
  • 99. Barangay Justice System aims to?
A) Collect fines
B) Conduct arrest
C) Replace courts
D) Settle disputes amicably before filing in courts
  • 100. Witness presentation, including child witnesses, must be conducted using?
A) Age-appropriate, understandable, and trauma-sensitive methods
B) Coercion
C) Hearsay evidence
D) Leading questions only
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