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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) Sandiganbayan
B) RTC
C) Court of Appeals
D) MTC
  • 2. A city prosecutor elevates an appeal on a dismissal order of the RTC in a criminal case. Which court reviews it?
A) MTC
B) Court of Appeals
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) MTC
B) Court of Appeals
C) RTC
D) Supreme Court
  • 4. A barangay official is charged with violation of the Anti-Graft and Corrupt Practices Act. Which court tries the case?
A) RTC
B) MTC
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) RTC
C) Barangay Justice System
D) MTC
  • 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) RTC
D) Sandiganbayan
  • 7. A petition for writ of amparo is filed against military personnel. Where is the proper venue?
A) MTC
B) Sandiganbayan
C) RTC
D) Court of Appeals
  • 8. A foreign corporation sues a local company for contractual disputes. Which court hears the case initially?
A) RTC
B) MTC
C) Court of Appeals
D) Supreme Court
  • 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) Supreme Court
C) MTC
D) RTC
  • 11. Criminal procedure primarily governs which aspect of the justice process?
A) Administrative penalties
B) Arbitration procedures
C) Steps by which the State prosecutes violations of law
D) Civil litigation procedures
  • 12. The purpose of a preliminary investigation is mainly to:
A) Impose penalties
B) Determine guilt
C) Assess whether probable cause exists to file a case
D) Conduct trial
  • 13. The concept of “probable cause” in criminal procedure refers to?
A) A prosecutor’s opinion
B) A reasonable belief that an offense has been committed
C) Absolute proof of guilt
D) Mere suspicion
  • 14. Arraignment is the stage where the court?
A) Informs the accused of the charges and receives the plea
B) Conducts mandatory mediation
C) Decides on evidence admissibility
D) Evaluates mitigating circumstances
  • 15. The purpose of a warrant of arrest is to:
A) File an information
B) Initiate a complaint
C) Conduct preliminary investigation Answer: C
D) Place the accused under lawful custody
  • 16. Bail primarily serves to:
A) Guarantee an acquittal
B) Replace detention with probation
C) Reduce the penalty upon conviction
D) Ensure the accused appears in court
  • 17. The right to counsel during custodial investigation ensures that the accused:
A) Can negotiate penalties
B) Is protected from coercion and uninformed waivers
C) May be tried immediately
D) Can escape detention
  • 18. The information filed by the prosecutor must contain:
A) The acts complained of and the law violated
B) Witness names only
C) Accused’s personal opinion
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) Trial procedure
B) Judgment
C) Validity of the complaint or information
D) Credibility of witnesses
  • 21. The concept of “double jeopardy” protects an accused from:
A) Civil suits
B) Multiple fines
C) Bail denial
D) Being tried again for the same offense after acquittal
  • 22. During trial, the prosecution presents evidence first because:
A) Witnesses appear first
B) Judge instructs them
C) The State carries the burden of proof
D) Defense is always last
  • 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) Filing appeals
B) Reviewing evidence
C) Drafting the decision
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) Invalid because future acts do not justify warrantless arrest
B) Valid if the suspect is known in the community
C) Valid as long as informant is reliable
D) Valid if suspect previously had a record
  • 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) Invalid due to lack of particularity
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 only if consent is implied
B) Valid if officers believe evidence is inside
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 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 only if homeowner consents
B) Invalid because theft is not a serious crime
C) Valid as hot pursuit allows warrantless entry
D) Invalid if suspect hides for more than 30 minutes
  • 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 the offense is grave
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) Valid because instinct may justify action
B) Valid if officers are experienced
C) Invalid because warrantless home arrests require urgent necessity
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) Valid since the warrant is lawful
B) Invalid because nighttime service requires express authorization
C) Valid if probable cause existed
D) Valid if officers announce their identity
  • 34. Police arrest a person for loitering in a public place at night, claiming it is a crime. Assess the arrest.
A) Valid because officers maintain public order
B) Invalid because not all ordinances justify custodial arrest
C) Valid only if the area has a curfew
D) Invalid unless confirmed by a barangay official
  • 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) Invalid because no overt act showing involvement was observed
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) Valid if search is within the same house
B) Valid because consent is presumed broad
C) Valid if evidence is eventually found
D) Invalid if consent did not expressly include closed compartments
  • 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 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) Barangay mediation
C) Preliminary investigation filing
D) Inquest review
  • 40. A barangay captain attempts conciliation between neighbors involved in a minor physical injury case. Which mechanism is being used?
A) Police arbitration
B) Judicial dispute resolution
C) Court-annexed mediation
D) Barangay Justice System
  • 41. A suspect arrested without a warrant is brought before the prosecutor within 12 hours. What proceeding must commence?
A) Pre-trial conference
B) Summary trial
C) Judicial affidavit rule
D) Inquest proceeding
  • 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) Direct filing privilege
B) Prosecutorial endorsement
C) Certification to File Action
D) Automatic judicial referral
  • 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) Incorrect because suspects must stay under custody
B) Correct when warrantless arrest is invalid
C) Incorrect because only courts may release suspects
D) Correct only for capital offenses
  • 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) Invalid only when the accused refuses mediation
C) Valid if the complainant has legal counsel
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; 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) Valid only after three scheduled hearings
B) Invalid because mediation must be completed
C) Invalid unless arbitrators are present
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 because hearings are always mandatory
B) Valid because clarificatory hearings are discretionary
C) Invalid unless witness examination happens
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 police have personal knowledge
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 barangay issues certification
B) Valid if the arresting officer is a barangay official
C) Valid as long as the suspect admits guilt
D) Invalid because the offense is not covered by warrantless arrest rules
  • 51. Bail is filed for an accused in a non-capital offense. Which is the primary purpose?
A) To excuse the crime
B) To release the accused permanently
C) To ensure the accused appears in court
D) To reduce the penalty
  • 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) Judge dismisses the case
D) Trial begins immediately
  • 53. Pre-trial in criminal cases primarily aims to:
A) Assign a prosecutor
B) Schedule judgment
C) Decide on civil liabilities
D) Negotiate plea bargaining and mark evidence
  • 54. During trial, the prosecution must present its evidence first because:
A) Burden of proof lies with the State
B) Defense cannot start immediately
C) Witnesses must speak first
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 if the accused lacks counsel
B) Proper only if complainant objects
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) Court may impose sanctions and proceed as justice requires
B) Case must be dismissed
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 prosecutor agrees
B) Valid if evidence is strong
C) Valid if freely made
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; 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) Invalid; violates right to full cross-examination
B) Valid in minor offenses
C) Valid for efficiency
D) Valid if both parties agree
  • 61. The accused was arraigned before the resolution of a pending motion to quash. Evaluate.
A) Improper; motion to quash must be resolved first
B) Proper; arraignment must always proceed
C) Proper only if accused insists
D) Proper if judge wants to expedite
  • 62. Court approves plea bargaining even though prosecution objects. Assess.
A) Improper; prosecution consent is essential
B) Proper if defense offers restitution
C) Proper only if offense is light
D) Proper; court has full authority
  • 63. Prosecution introduces a new witness after resting, without giving defense time to prepare. Evaluate.
A) Valid if witness is material
B) Valid if trial is almost finished
C) Invalid; violates due process and right to rebut
D) Valid; court may accept additional evidence anytime
  • 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 only if counsel agrees
C) Valid to shorten trial
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) 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) Ignore and proceed
B) Dismiss the witness
C) Force the witness
D) Allow short breaks and comforting assistance
  • 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 direct examination
B) Only during rebuttal
C) During cross-examination
D) Only for expert witnesses
  • 69. Witness is asked to describe events chronologically during direct examination. This illustrates?
A) Hearsay
B) Leading question
C) Proper direct examination strategy
D) Improper narrative
  • 70. Child witness testifies with a social worker assisting in simple language. This demonstrates?
A) Leading questioning
B) Violation of impartiality
C) Improper testimony
D) Accommodation for child witnesses
  • 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) Direct examination
B) Cross-examination
C) Rebuttal evidence
D) Improper if done in court
  • 73. During direct examination, witness refers to a written report to explain events. This is:
A) Cross-examination
B) Reading testimony verbatim (improper)
C) Refreshing memory (proper)
D) Leading question
  • 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) Proper direct examination
B) Leading question
C) Hearsay
D) Cross-examination
  • 76. During cross-examination, attorney asks witness to clarify statements made in direct examination. This illustrates?
A) Direct examination
B) Cross-examination technique
C) Hearsay evidence
D) Improper impeachment
  • 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) Improper
C) Leading question
D) Cross-examination violation
  • 78. During direct examination, witness is asked only open-ended questions to narrate the incident. This exemplifies:
A) Proper direct examination
B) Cross-examination
C) Leading questions
D) Hearsay
  • 79. Attorney asks witness about contradictory statements made outside court to challenge credibility. This occurs during?
A) Cross-examination
B) Preliminary investigation
C) Direct examination
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) Leading question
B) Proper witness protection and accommodation
C) Improper coaching
D) Cross-examination violation
  • 81. Bail primarily exists to?
A) Replace detention with probation
B) Guarantee acquittal
C) Reduce penalty
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) Decide civil liabilities
B) Negotiate plea bargaining and mark evidence
C) Schedule judgment
D) Assign a prosecutor
  • 84. Cross-examination of witnesses primarily tests?
A) Prosecutor’s theory
B) Witness’s memory, perception, and credibility
C) Procedural technicalities
D) Judge’s discretion
  • 85. Child witnesses may testify using props or closed-circuit television to?
A) Facilitate understanding and protect them from trauma
B) Influence testimony
C) Make trial faster
D) Replace direct questioning
  • 86. Leading questions are generally allowed during cross-examination to
A) Suggest answers to witnesses
B) Accelerate trial
C) Violate rights
D) Test credibility and impeach statements
  • 87. Direct examination should be conducted with?
A) Open-ended questions
B) Hearsay questions
C) Closed-ended questions only
D) Leading questions only
  • 88. In impeachment, prior inconsistent statements are used to?
A) Challenge witness credibility
B) Confirm hearsay
C) End trial
D) Support witness credibility
  • 89. Witness testimony may be refreshed by?
A) Replacing witness
B) Oral suggestion
C) Leading questions
D) Reviewing documents or reports to recall facts
  • 90. Proper cross-examination allows?
A) Testing witness statements and credibility
B) Unlimited questioning without relevance
C) Skipping procedural rules
D) Introducing new evidence without notice
  • 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) Guilt
B) Voluntariness and understanding
C) Plea bargaining
D) Sentence reduction
  • 93. Pre-trial ensures
A) Verdict announcement
B) Trial starts immediately
C) Witness selection only
D) Clarification of issues, marking of evidence, and plea bargaining
  • 94. Arraignment involves
A) Informing accused of charges and receiving plea
B) Trial on the merits
C) Bail denial
D) Evidence evaluation
  • 95. Arrest without a warrant is allowed when?
A) Officer has mere suspicion
B) In flagrante delicto or hot pursuit
C) Ordinance requires detention
D) Accused looks guilty
  • 96. Search and seizure without a warrant is valid if?
A) Evidence is in plain view and exigent circumstances exist
B) Consent is given
C) Officer feels probable cause
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) Sentence
B) Guilt
C) Bail amount
D) Probable cause
  • 99. Barangay Justice System aims to?
A) Settle disputes amicably before filing in courts
B) Conduct arrest
C) Replace courts
D) Collect fines
  • 100. Witness presentation, including child witnesses, must be conducted using?
A) Coercion
B) Age-appropriate, understandable, and trauma-sensitive methods
C) Leading questions only
D) Hearsay evidence
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