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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) RTC
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) 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) Supreme Court
B) Court of Appeals
C) MTC
D) RTC
  • 4. A barangay official is charged with violation of the Anti-Graft and Corrupt Practices Act. Which court tries the case?
A) Sandiganbayan
B) Supreme Court
C) RTC
D) MTC
  • 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) RTC
C) Barangay Justice System
D) Court of Appeals
  • 6. An accused petitions for bail after being charged with a capital offense. Which court determines the bail application?
A) RTC
B) Sandiganbayan
C) MTC
D) Supreme Court
  • 7. A petition for writ of amparo is filed against military personnel. Where is the proper venue?
A) MTC
B) RTC
C) Sandiganbayan
D) Court of Appeals
  • 8. A foreign corporation sues a local company for contractual disputes. Which court hears the case initially?
A) MTC
B) Court of Appeals
C) RTC
D) Supreme Court
  • 9. A party seeks annulment of marriage. Which court has jurisdiction?
A) MTC
B) Court of Appeals
C) Sandiganbayan
D) RTC (Family Court)
  • 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) Administrative penalties
B) Civil litigation procedures
C) Arbitration procedures
D) Steps by which the State prosecutes violations of law
  • 12. The purpose of a preliminary investigation is mainly to:
A) Impose penalties
B) Determine guilt
C) Conduct trial
D) Assess whether probable cause exists to file a case
  • 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) Mere suspicion
D) Absolute proof of guilt
  • 14. Arraignment is the stage where the court?
A) Informs the accused of the charges and receives the plea
B) Decides on evidence admissibility
C) Conducts mandatory mediation
D) Evaluates mitigating circumstances
  • 15. The purpose of a warrant of arrest is to:
A) Conduct preliminary investigation Answer: C
B) Place the accused under lawful custody
C) Initiate a complaint
D) File an information
  • 16. Bail primarily serves to:
A) Replace detention with probation
B) Reduce the penalty upon conviction
C) Ensure the accused appears in court
D) Guarantee an acquittal
  • 17. The right to counsel during custodial investigation ensures that the accused:
A) May be tried immediately
B) Can negotiate penalties
C) Is protected from coercion and uninformed waivers
D) Can escape detention
  • 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) Evidence obtained illegally is inadmissible
C) Confessions are always valid
D) All evidence is admissible
  • 20. A motion to quash challenges the:
A) Credibility of witnesses
B) Trial procedure
C) Judgment
D) Validity of the complaint or information
  • 21. The concept of “double jeopardy” protects an accused from:
A) Civil suits
B) Multiple fines
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) Defense is always last
D) Witnesses appear first
  • 23. The judgment in a criminal case must be based on:
A) Public interest
B) Evidence presented and the applicable law
C) Prosecutor’s opinion
D) Defense preference
  • 24. The execution of judgment in criminal procedure refers to:
A) Drafting the decision
B) Reviewing evidence
C) Enforcing the final penalty imposed by the court
D) Filing appeals
  • 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 because suspicion is enough
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) Invalid because future acts do not justify warrantless arrest
D) Valid if suspect previously had a record
  • 27. A search warrant states “illegal drugs and related contraband.” Evaluate the warrant.
A) Valid because purpose is clear
B) Valid if approved by a judge
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) Valid if within the same barangay
B) Invalid because a warrant is limited to its specific location
C) Valid if officers believe evidence is inside
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) Valid if the checkpoint is authorized
B) Valid because checkpoints allow all searches
C) Invalid because only visual inspection is allowed
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 as hot pursuit allows warrantless entry
B) Invalid if suspect hides for more than 30 minutes
C) Valid only if homeowner consents
D) Invalid because theft is not a serious crime
  • 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) Invalid because personal knowledge of the officer is lacking
C) Valid if suspect tries to flee
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) Valid if officers are experienced
B) Invalid because warrantless home arrests require urgent necessity
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) Invalid because nighttime service requires express authorization
B) Valid if officers announce their identity
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) Invalid because not all ordinances justify custodial arrest
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) Valid if both individuals knew each other
C) Valid because association is enough
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) Invalid if consent did not expressly include closed compartments
B) Valid if search is within the same house
C) Valid if evidence is eventually found
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 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) Inquest review
C) Motion for reconsideration
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) Police arbitration
C) Barangay Justice System
D) Court-annexed mediation
  • 41. A suspect arrested without a warrant is brought before the prosecutor within 12 hours. What proceeding must commence?
A) Summary trial
B) Inquest proceeding
C) Judicial affidavit rule
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 evidence is patently insufficient
B) Improper because counter-affidavits are always required
C) Proper if the case involves a barangay referral
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 only courts may release suspects
B) Correct when warrantless arrest is invalid
C) Incorrect because suspects must stay under custody
D) Correct only for capital offenses
  • 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 if the complainant has legal counsel
C) Valid because slander is a private crime
D) Invalid because it must first undergo Katarungang Pambarangay conciliation
  • 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; the respondent may rely solely on legal arguments
C) Improper; failure to submit counter-affidavits waives the right to rebut evidence
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) Invalid unless arbitrators are present
B) Valid only after three scheduled hearings
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) Valid because clarificatory hearings are discretionary
B) Valid only if the accused waives rights
C) Invalid unless witness examination happens
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 the accused is detained
B) Invalid because offenses requiring PI must go through the prosecutor
C) Valid if police have personal knowledge
D) Valid when barangay endorsement is unavailable
  • 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 as long as the suspect admits guilt
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 release the accused permanently
C) To reduce the penalty
D) To excuse the crime
  • 52. During arraignment, the accused pleads “not guilty.” What happens next?
A) Bail is automatically granted
B) Pre-trial and preparation for trial are scheduled
C) Trial begins immediately
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) Schedule judgment
D) Decide on civil liabilities
  • 54. During trial, the prosecution must present its evidence first because:
A) Defense cannot start immediately
B) Judge requires opening statements
C) Witnesses must speak first
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 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 court is overloaded
C) Invalid because counsel is mandatory unless properly waived
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) Case must be dismissed
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 evidence is strong
B) Invalid because the judge must ensure voluntariness and full understanding
C) Valid if prosecutor agrees
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 if case involves moral turpitude
B) Invalid; only the court decides after hearing
C) Acceptable; prosecutors determine guilt
D) Acceptable if affidavits are complete
  • 60. During trial, the judge restricts cross-examination to “two questions per witness.” Assess.
A) Invalid; violates right to full cross-examination
B) Valid if both parties agree
C) Valid for efficiency
D) Valid in minor offenses
  • 61. The accused was arraigned before the resolution of a pending motion to quash. Evaluate.
A) Proper only if accused insists
B) Proper if judge wants to expedite
C) Proper; arraignment must always proceed
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 only if offense is light
C) Improper; prosecution consent is essential
D) Proper if defense offers restitution
  • 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 trial is almost finished
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) Grossly improper; violates right to present evidence
B) Valid to shorten trial
C) Valid only if counsel agrees
D) Valid if prosecution evidence is strong
  • 65. During direct examination, a prosecutor asks a child witness simple, age-appropriate questions. This illustrates:
A) Hearsay objection
B) Cross-examination
C) Improper leading
D) Proper direct examination considering age
  • 66. During direct examination, a witness hesitates to answer due to trauma. What is correct?
A) Allow short breaks and comforting assistance
B) Dismiss the witness
C) Ignore and proceed
D) Force the witness
  • 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 prohibited
D) Always permitted
  • 68. Prosecution presents evidence to refresh a witness’ memory. This occurs?
A) During direct examination
B) During cross-examination
C) Only for expert witnesses
D) Only during rebuttal
  • 69. Witness is asked to describe events chronologically during direct examination. This illustrates?
A) Hearsay
B) Improper narrative
C) Proper direct examination strategy
D) Leading question
  • 70. Child witness testifies with a social worker assisting in simple language. This demonstrates?
A) Improper testimony
B) Leading questioning
C) Accommodation for child witnesses
D) Violation of impartiality
  • 71. During cross-examination, the attorney asks questions to test the witness’ perception and memory. This is?
A) Cross-examination strategy
B) Improper leading
C) Direct examination
D) Hearsay
  • 72. Defense attorney impeaches a witness using prior inconsistent statements. This procedure is:
A) Cross-examination
B) Improper if done in court
C) Direct examination
D) Rebuttal evidence
  • 73. During direct examination, witness refers to a written report to explain events. This is:
A) Cross-examination
B) Reading testimony verbatim (improper)
C) Leading question
D) Refreshing memory (proper)
  • 74. Judge allows child witness to testify with simple props. This is an example of?
A) Proper accommodation to enhance understanding
B) Improper demonstration
C) Leading question
D) Cross-examination tactic
  • 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) Proper direct examination
D) Hearsay
  • 76. During cross-examination, attorney asks witness to clarify statements made in direct examination. This illustrates?
A) Cross-examination technique
B) Direct examination
C) Improper impeachment
D) Hearsay evidence
  • 77. Child witness becomes scared and refuses to answer. Court allows testimony via closed-circuit TV. This is?
A) Proper accommodation for child witness protection
B) Leading question
C) Improper
D) Cross-examination violation
  • 78. During direct examination, witness is asked only open-ended questions to narrate the incident. This exemplifies:
A) Hearsay
B) Proper direct examination
C) Leading questions
D) Cross-examination
  • 79. Attorney asks witness about contradictory statements made outside court to challenge credibility. This occurs during?
A) Pre-trial conference
B) Cross-examination
C) Direct examination
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) Leading question
B) Cross-examination violation
C) Proper witness protection and accommodation
D) Improper coaching
  • 81. Bail primarily exists to?
A) Ensure accused appears during trial
B) Replace detention with probation
C) Guarantee acquittal
D) Reduce penalty
  • 82. During arraignment, accused pleads “not guilty.” What happens next?
A) Bail granted automatically
B) Case dismissed
C) Trial begins immediately
D) Pre-trial is scheduled
  • 83. Pre-trial aims to?
A) Schedule judgment
B) Decide civil liabilities
C) Negotiate plea bargaining and mark evidence
D) Assign a prosecutor
  • 84. Cross-examination of witnesses primarily tests?
A) Prosecutor’s theory
B) Judge’s discretion
C) Witness’s memory, perception, and credibility
D) Procedural technicalities
  • 85. Child witnesses may testify using props or closed-circuit television to?
A) Influence testimony
B) Make trial faster
C) Replace direct questioning
D) Facilitate understanding and protect them from trauma
  • 86. Leading questions are generally allowed during cross-examination to
A) Accelerate trial
B) Test credibility and impeach statements
C) Suggest answers to witnesses
D) Violate rights
  • 87. Direct examination should be conducted with?
A) Hearsay questions
B) Open-ended questions
C) Closed-ended questions only
D) Leading questions only
  • 88. In impeachment, prior inconsistent statements are used to?
A) End trial
B) Support witness credibility
C) Confirm hearsay
D) Challenge witness credibility
  • 89. Witness testimony may be refreshed by?
A) Leading questions
B) Reviewing documents or reports to recall facts
C) Replacing witness
D) Oral suggestion
  • 90. Proper cross-examination allows?
A) Introducing new evidence without notice
B) Unlimited questioning without relevance
C) Skipping procedural rules
D) Testing witness statements and credibility
  • 91. Child witness testifies with assistance to?
A) Violate impartiality
B) Protect emotional well-being
C) Influence verdict
D) Avoid cross-examination
  • 92. Judge ensures searching inquiry during plea to verify
A) Voluntariness and understanding
B) Sentence reduction
C) Guilt
D) Plea bargaining
  • 93. Pre-trial ensures
A) Trial starts immediately
B) Verdict announcement
C) Clarification of issues, marking of evidence, and plea bargaining
D) Witness selection only
  • 94. Arraignment involves
A) Bail denial
B) Trial on the merits
C) Evidence evaluation
D) Informing accused of charges and receiving plea
  • 95. Arrest without a warrant is allowed when?
A) Ordinance requires detention
B) Officer has mere suspicion
C) In flagrante delicto or hot pursuit
D) Accused looks guilty
  • 96. Search and seizure without a warrant is valid if?
A) Any officer orders it
B) Consent is given
C) Evidence is in plain view and exigent circumstances exist
D) Officer feels probable cause
  • 97. Inquest proceeding occurs when?
A) Pre-trial is conducted
B) Suspect is arrested without warrant and brought to prosecutor within 12 hours
C) Bail is granted
D) Case is dismissed
  • 98. Preliminary investigation determines?
A) Bail amount
B) Guilt
C) Probable cause
D) Sentence
  • 99. Barangay Justice System aims to?
A) Replace courts
B) Collect fines
C) Conduct arrest
D) Settle disputes amicably before filing in courts
  • 100. Witness presentation, including child witnesses, must be conducted using?
A) Hearsay evidence
B) Age-appropriate, understandable, and trauma-sensitive methods
C) Leading questions only
D) Coercion
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