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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) RTC
C) MTC
D) Sandiganbayan
  • 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) Sandiganbayan
C) MTC
D) Court of Appeals
  • 3. An accused challenges the constitutionality of a search warrant issued by the RTC. Which court has authority to resolve the petition?
A) RTC
B) Supreme Court
C) Court of Appeals
D) MTC
  • 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) RTC
C) MTC
D) Sandiganbayan
  • 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) Barangay Justice System
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) MTC
C) Sandiganbayan
D) RTC
  • 7. A petition for writ of amparo is filed against military personnel. Where is the proper venue?
A) Court of Appeals
B) Sandiganbayan
C) RTC
D) MTC
  • 8. A foreign corporation sues a local company for contractual disputes. Which court hears the case initially?
A) Court of Appeals
B) MTC
C) RTC
D) Supreme Court
  • 9. A party seeks annulment of marriage. Which court has jurisdiction?
A) Court of Appeals
B) RTC (Family Court)
C) MTC
D) Sandiganbayan
  • 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) Steps by which the State prosecutes violations of law
B) Arbitration procedures
C) Administrative penalties
D) Civil litigation procedures
  • 12. The purpose of a preliminary investigation is mainly to:
A) Impose penalties
B) Assess whether probable cause exists to file a case
C) Determine guilt
D) Conduct trial
  • 13. The concept of “probable cause” in criminal procedure refers to?
A) Absolute proof of guilt
B) A prosecutor’s opinion
C) A reasonable belief that an offense has been committed
D) Mere suspicion
  • 14. Arraignment is the stage where the court?
A) Evaluates mitigating circumstances
B) Informs the accused of the charges and receives the plea
C) Conducts mandatory mediation
D) Decides on evidence admissibility
  • 15. The purpose of a warrant of arrest is to:
A) Place the accused under lawful custody
B) Conduct preliminary investigation Answer: C
C) File an information
D) Initiate a complaint
  • 16. Bail primarily serves to:
A) Replace detention with probation
B) Guarantee an acquittal
C) Ensure the accused appears in court
D) Reduce the penalty upon conviction
  • 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) Witness names only
B) Proposed punishment
C) Accused’s personal opinion
D) The acts complained of and the law violated
  • 19. The exclusionary rule in criminal procedure means that:
A) Evidence obtained illegally is inadmissible
B) All evidence is admissible
C) Witnesses may be excluded
D) Confessions are always valid
  • 20. A motion to quash challenges the:
A) Judgment
B) Trial procedure
C) Credibility of witnesses
D) Validity of the complaint or information
  • 21. The concept of “double jeopardy” protects an accused from:
A) Civil suits
B) Bail denial
C) Being tried again for the same offense after acquittal
D) Multiple fines
  • 22. During trial, the prosecution presents evidence first because:
A) The State carries the burden of proof
B) Witnesses appear first
C) Judge instructs them
D) Defense is always last
  • 23. The judgment in a criminal case must be based on:
A) Evidence presented and the applicable law
B) Prosecutor’s opinion
C) Public interest
D) Defense preference
  • 24. The execution of judgment in criminal procedure refers to:
A) Reviewing evidence
B) Filing appeals
C) Enforcing the final penalty imposed by the court
D) Drafting the decision
  • 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 because suspicion is enough
C) Invalid because no element of in flagrante delicto is present
D) Valid only if a warrant follows within 24 hours
  • 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 suspect previously had a record
C) Valid if the suspect is known in the community
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 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 only if consent is implied
C) Valid if within the same barangay
D) Invalid because a warrant is limited to its specific location
  • 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) Invalid because only visual inspection is allowed
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) Invalid because personal knowledge of the officer is lacking
B) Valid if suspect tries to flee
C) Valid because it is still hot pursuit
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 because instinct may justify action
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) Invalid because nighttime service requires express authorization
B) Valid since the warrant is lawful
C) Valid if officers announce their identity
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 because not all ordinances justify custodial arrest
B) Invalid unless confirmed by a barangay official
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 only if owner does not object
B) Valid under plain view doctrine if immediately incriminating
C) Invalid because laptops are unrelated to firearms search
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 if both individuals knew each other
B) Invalid because no overt act showing involvement was observed
C) Valid because association is enough
D) Valid because one person was a suspect
  • 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 because consent is presumed broad
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) Invalid only when done by non-uniformed personnel
B) Invalid because such intrusive searches require probable cause
C) Valid only if the driver is alone
D) Valid if checkpoint is legal
  • 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) Court-annexed mediation
B) Judicial dispute resolution
C) Barangay Justice System
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) Judicial affidavit rule
C) Summary trial
D) Pre-trial conference
  • 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) Proper if the case involves a barangay referral
B) Improper because counter-affidavits are always required
C) Proper if evidence is patently insufficient
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) Invalid only when the accused refuses mediation
B) Invalid because it must first undergo Katarungang Pambarangay conciliation
C) Valid if the complainant has legal counsel
D) Valid because slander is a private crime
  • 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 only if complainant’s affidavit is weak
C) Acceptable; the respondent may rely solely on legal arguments
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) Valid because non-appearance is ground for issuance
B) Invalid unless arbitrators are present
C) Valid only after three scheduled hearings
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) Invalid unless witness examination happens
C) Valid only if the accused waives rights
D) Invalid because hearings are always mandatory
  • 49. Police file a criminal complaint directly in court for a crime requiring preliminary investigation. Assess the filing.
A) Valid if police have personal knowledge
B) Invalid because offenses requiring PI must go through the prosecutor
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 barangay issues certification
D) Valid if the arresting officer is a barangay official
  • 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 reduce the penalty
C) To excuse the crime
D) To release the accused permanently
  • 52. During arraignment, the accused pleads “not guilty.” What happens next?
A) Judge dismisses the case
B) Trial begins immediately
C) Bail is automatically granted
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) Assign a prosecutor
D) Schedule judgment
  • 54. During trial, the prosecution must present its evidence first because:
A) Defense cannot start immediately
B) Witnesses must speak first
C) Judge requires opening statements
D) Burden of proof lies with the State
  • 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 only if complainant objects
C) Proper because bail is discretionary
D) Proper if the accused lacks counsel
  • 56. The court arraigned an accused without counsel and without valid waiver. Evaluate the arraignment.
A) Valid if the accused understood the charge
B) Valid since arraignment is formal
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) Court may impose sanctions and proceed as justice requires
B) Court requires accused to present evidence
C) Case must be dismissed
D) Defense must postpone
  • 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) Acceptable if affidavits are complete
C) Acceptable if case involves moral turpitude
D) Invalid; only the court decides after hearing
  • 60. During trial, the judge restricts cross-examination to “two questions per witness.” Assess.
A) Valid if both parties agree
B) Invalid; violates right to full cross-examination
C) Valid in minor offenses
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) Proper; arraignment must always proceed
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 only if offense is light
B) Improper; prosecution consent is essential
C) Proper; court has full authority
D) Proper if defense offers restitution
  • 63. Prosecution introduces a new witness after resting, without giving defense time to prepare. Evaluate.
A) Valid if witness is material
B) Valid; court may accept additional evidence anytime
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 to shorten trial
B) Valid if prosecution evidence is strong
C) Valid only if counsel agrees
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) Hearsay objection
D) Improper leading
  • 66. During direct examination, a witness hesitates to answer due to trauma. What is correct?
A) Dismiss the witness
B) Force 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) Generally improper, except for hostile or child witnesses
B) Always prohibited
C) Always permitted
D) Required to expedite trial
  • 68. Prosecution presents evidence to refresh a witness’ memory. This occurs?
A) During cross-examination
B) During direct examination
C) Only during rebuttal
D) Only for expert witnesses
  • 69. Witness is asked to describe events chronologically during direct examination. This illustrates?
A) Improper narrative
B) Proper direct examination strategy
C) Leading question
D) Hearsay
  • 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) Hearsay
B) Cross-examination strategy
C) Direct examination
D) Improper leading
  • 72. Defense attorney impeaches a witness using prior inconsistent statements. This procedure is:
A) Improper if done in court
B) Direct examination
C) Rebuttal evidence
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) Reading testimony verbatim (improper)
D) Cross-examination
  • 74. Judge allows child witness to testify with simple props. This is an example of?
A) Improper demonstration
B) Proper accommodation to enhance understanding
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) Cross-examination
C) Hearsay
D) Proper direct 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) Proper accommodation for child witness protection
D) Improper
  • 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) Preliminary investigation
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) Cross-examination violation
B) Improper coaching
C) Proper witness protection and accommodation
D) Leading question
  • 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) Trial begins immediately
B) Pre-trial is scheduled
C) Case dismissed
D) Bail granted automatically
  • 83. Pre-trial aims to?
A) Assign a prosecutor
B) Negotiate plea bargaining and mark evidence
C) Schedule judgment
D) Decide civil liabilities
  • 84. Cross-examination of witnesses primarily tests?
A) Procedural technicalities
B) Prosecutor’s theory
C) Judge’s discretion
D) Witness’s memory, perception, and credibility
  • 85. Child witnesses may testify using props or closed-circuit television to?
A) Replace direct questioning
B) Influence testimony
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) Violate rights
C) Accelerate trial
D) Suggest answers to witnesses
  • 87. Direct examination should be conducted with?
A) Hearsay questions
B) Open-ended questions
C) Leading questions only
D) Closed-ended questions only
  • 88. In impeachment, prior inconsistent statements are used to?
A) End trial
B) Confirm hearsay
C) Challenge witness credibility
D) Support witness credibility
  • 89. Witness testimony may be refreshed by?
A) Replacing witness
B) Leading questions
C) Oral suggestion
D) Reviewing documents or reports to recall facts
  • 90. Proper cross-examination allows?
A) Unlimited questioning without relevance
B) Skipping procedural rules
C) Introducing new evidence without notice
D) Testing witness statements and credibility
  • 91. Child witness testifies with assistance to?
A) Avoid cross-examination
B) Influence verdict
C) Violate impartiality
D) Protect emotional well-being
  • 92. Judge ensures searching inquiry during plea to verify
A) Guilt
B) Voluntariness and understanding
C) Plea bargaining
D) Sentence reduction
  • 93. Pre-trial ensures
A) Verdict announcement
B) Witness selection only
C) Clarification of issues, marking of evidence, and plea bargaining
D) Trial starts immediately
  • 94. Arraignment involves
A) Informing accused of charges and receiving plea
B) Bail denial
C) Trial on the merits
D) Evidence evaluation
  • 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) Any officer orders it
B) Evidence is in plain view and exigent circumstances exist
C) Officer feels probable cause
D) Consent is given
  • 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) Guilt
C) Bail amount
D) Probable cause
  • 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) Hearsay evidence
B) Leading questions only
C) Age-appropriate, understandable, and trauma-sensitive methods
D) Coercion
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