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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) Sandiganbayan
C) RTC
D) Court of Appeals
  • 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) MTC
C) Supreme Court
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) Supreme Court
B) RTC
C) MTC
D) Court of Appeals
  • 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) Sandiganbayan
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) Court of Appeals
D) Barangay Justice System
  • 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) MTC
B) Court of Appeals
C) Sandiganbayan
D) RTC
  • 8. A foreign corporation sues a local company for contractual disputes. Which court hears the case initially?
A) Court of Appeals
B) MTC
C) Supreme Court
D) RTC
  • 9. A party seeks annulment of marriage. Which court has jurisdiction?
A) Sandiganbayan
B) Court of Appeals
C) MTC
D) RTC (Family Court)
  • 10. A motion for reconsideration of a Sandiganbayan decision is denied. Where is the next legal remedy filed?
A) Court of Appeals
B) MTC
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) Civil litigation procedures
C) Administrative penalties
D) Arbitration 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 reasonable belief that an offense has been committed
B) Absolute proof of guilt
C) A prosecutor’s opinion
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) Evaluates mitigating circumstances
D) Conducts mandatory mediation
  • 15. The purpose of a warrant of arrest is to:
A) Conduct preliminary investigation Answer: C
B) Place the accused under lawful custody
C) File an information
D) Initiate a complaint
  • 16. Bail primarily serves to:
A) Replace detention with probation
B) Reduce the penalty upon conviction
C) Guarantee an acquittal
D) Ensure the accused appears in court
  • 17. The right to counsel during custodial investigation ensures that the accused:
A) Can escape detention
B) May be tried immediately
C) Is protected from coercion and uninformed waivers
D) Can negotiate penalties
  • 18. The information filed by the prosecutor must contain:
A) The acts complained of and the law violated
B) Proposed punishment
C) Witness names only
D) Accused’s personal opinion
  • 19. The exclusionary rule in criminal procedure means that:
A) Witnesses may be excluded
B) Confessions are always valid
C) All evidence is admissible
D) Evidence obtained illegally is inadmissible
  • 20. A motion to quash challenges the:
A) Validity of the complaint or information
B) Credibility of witnesses
C) Judgment
D) Trial procedure
  • 21. The concept of “double jeopardy” protects an accused from:
A) Being tried again for the same offense after acquittal
B) Civil suits
C) Multiple fines
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) 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) Filing appeals
B) Enforcing the final penalty imposed by the court
C) Drafting the decision
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 because suspicion is enough
C) Valid only if a warrant follows within 24 hours
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 if the suspect is known in the community
B) Valid as long as informant is reliable
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 only if the search happens immediately
B) Valid because purpose is clear
C) Invalid due to lack of particularity
D) Valid if approved by a judge
  • 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) Valid if officers believe evidence is inside
C) Invalid because a warrant is limited to its specific location
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 because checkpoints allow all searches
B) Valid if the checkpoint is authorized
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) Invalid because theft is not a serious crime
B) Valid only if homeowner consents
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) Invalid because warrantless home arrests require urgent necessity
C) Valid if officers are experienced
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 if probable cause existed
B) Valid since the warrant is lawful
C) Valid if officers announce their identity
D) Invalid because nighttime service requires express authorization
  • 34. Police arrest a person for loitering in a public place at night, claiming it is a crime. Assess the arrest.
A) Valid only if the area has a curfew
B) Valid because officers maintain public order
C) Invalid unless confirmed by a barangay official
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) Valid under plain view doctrine if immediately incriminating
C) Invalid because laptops are unrelated to firearms search
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 association is enough
B) Valid if both individuals knew each other
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 because consent is presumed broad
B) Invalid if consent did not expressly include closed compartments
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 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) Inquest review
B) Barangay mediation
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) Court-annexed mediation
C) Police arbitration
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) Judicial affidavit rule
C) Inquest proceeding
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) Direct filing privilege
B) Automatic judicial referral
C) Prosecutorial endorsement
D) Certification to File Action
  • 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) Proper if the case involves a barangay referral
C) Proper if evidence is patently insufficient
D) Improper because counter-affidavits are always required
  • 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 only for capital offenses
C) Incorrect because only courts may release suspects
D) Correct when warrantless arrest is invalid
  • 45. A complaint involving slander is filed directly with the prosecutor without barangay conciliation. Assess the filing.
A) Valid if the complainant has legal counsel
B) Valid because slander is a private crime
C) Invalid only when the accused refuses mediation
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 if endorsed by the barangay
B) Improper; failure to submit counter-affidavits waives the right to rebut evidence
C) Acceptable only if complainant’s affidavit is weak
D) Acceptable; the respondent may rely solely on legal arguments
  • 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) Valid because non-appearance is ground for issuance
C) Invalid because mediation must be completed
D) Invalid unless arbitrators are present
  • 48. A prosecutor conducts preliminary investigation solely based on affidavits without clarificatory hearings. Evaluate the procedure.
A) Invalid unless witness examination happens
B) Valid because clarificatory hearings are discretionary
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 if police have personal knowledge
B) Valid if the accused is detained
C) Valid when barangay endorsement is unavailable
D) Invalid because offenses requiring PI must go through the prosecutor
  • 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) Valid as long as the suspect admits guilt
C) Valid if the barangay issues certification
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 reduce the penalty
B) To excuse the crime
C) To release the accused permanently
D) To ensure the accused appears in court
  • 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) Assign a prosecutor
C) Schedule judgment
D) Negotiate plea bargaining and mark evidence
  • 54. During trial, the prosecution must present its evidence first because:
A) Defense cannot start immediately
B) Burden of proof lies with the State
C) Judge requires opening statements
D) Witnesses must speak first
  • 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) Improper because bail is a matter of right
C) Proper only if complainant objects
D) Proper because bail is discretionary
  • 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 if court is overloaded
C) Valid since arraignment is formal
D) Invalid because counsel is mandatory unless properly waived
  • 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) Court requires accused to present evidence
D) Defense must postpone
  • 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 freely made
D) Valid if prosecutor agrees
  • 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) Acceptable; prosecutors determine guilt
C) Invalid; only the court decides after hearing
D) Acceptable if affidavits are complete
  • 60. During trial, the judge restricts cross-examination to “two questions per witness.” Assess.
A) Valid in minor offenses
B) Valid if both parties agree
C) Valid for efficiency
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 only if accused insists
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) Improper; prosecution consent is essential
C) Proper only if offense is light
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) 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 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) Improper leading
B) Cross-examination
C) Hearsay objection
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) Force the witness
D) Ignore and proceed
  • 67. Defense attorney asks leading questions during direct examination. This is:
A) Always permitted
B) Generally improper, except for hostile or child witnesses
C) Always prohibited
D) Required to expedite trial
  • 68. Prosecution presents evidence to refresh a witness’ memory. This occurs?
A) Only for expert witnesses
B) During direct examination
C) During cross-examination
D) Only during rebuttal
  • 69. Witness is asked to describe events chronologically during direct examination. This illustrates?
A) Leading question
B) Hearsay
C) Improper narrative
D) Proper direct examination strategy
  • 70. Child witness testifies with a social worker assisting in simple language. This demonstrates?
A) Leading questioning
B) Violation of impartiality
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) 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) Improper if done in court
C) Cross-examination
D) Rebuttal evidence
  • 73. During direct examination, witness refers to a written report to explain events. This is:
A) Refreshing memory (proper)
B) Reading testimony verbatim (improper)
C) Cross-examination
D) Leading question
  • 74. Judge allows child witness to testify with simple props. This is an example of?
A) Leading question
B) Cross-examination tactic
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) Leading question
B) Proper direct examination
C) Hearsay
D) Cross-examination
  • 76. During cross-examination, attorney asks witness to clarify statements made in direct examination. This illustrates?
A) Hearsay evidence
B) Direct examination
C) Improper impeachment
D) Cross-examination technique
  • 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) Cross-examination violation
D) Improper
  • 78. During direct examination, witness is asked only open-ended questions to narrate the incident. This exemplifies:
A) Cross-examination
B) Hearsay
C) Leading questions
D) Proper direct 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) Preliminary investigation
D) Direct examination
  • 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) Cross-examination violation
D) Improper coaching
  • 81. Bail primarily exists to?
A) Ensure accused appears during trial
B) Guarantee acquittal
C) Reduce penalty
D) Replace detention with probation
  • 82. During arraignment, accused pleads “not guilty.” What happens next?
A) Trial begins immediately
B) Case dismissed
C) Bail granted automatically
D) Pre-trial is scheduled
  • 83. Pre-trial aims to?
A) Negotiate plea bargaining and mark evidence
B) Decide civil liabilities
C) Schedule judgment
D) Assign a prosecutor
  • 84. Cross-examination of witnesses primarily tests?
A) Witness’s memory, perception, and credibility
B) Procedural technicalities
C) Prosecutor’s theory
D) Judge’s discretion
  • 85. Child witnesses may testify using props or closed-circuit television to?
A) Influence testimony
B) Facilitate understanding and protect them from trauma
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) Closed-ended questions only
B) Open-ended questions
C) Leading questions only
D) Hearsay questions
  • 88. In impeachment, prior inconsistent statements are used to?
A) Challenge witness credibility
B) End trial
C) Confirm hearsay
D) Support witness credibility
  • 89. Witness testimony may be refreshed by?
A) Replacing witness
B) Reviewing documents or reports to recall facts
C) Oral suggestion
D) Leading questions
  • 90. Proper cross-examination allows?
A) Skipping procedural rules
B) Unlimited questioning without relevance
C) Testing witness statements and credibility
D) Introducing new evidence without notice
  • 91. Child witness testifies with assistance to?
A) Protect emotional well-being
B) Avoid cross-examination
C) Violate impartiality
D) Influence verdict
  • 92. Judge ensures searching inquiry during plea to verify
A) Sentence reduction
B) Plea bargaining
C) Voluntariness and understanding
D) Guilt
  • 93. Pre-trial ensures
A) Clarification of issues, marking of evidence, and plea bargaining
B) Trial starts immediately
C) Verdict announcement
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) Ordinance requires detention
C) In flagrante delicto or hot pursuit
D) Officer has mere suspicion
  • 96. Search and seizure without a warrant is valid if?
A) Officer feels probable cause
B) Evidence is in plain view and exigent circumstances exist
C) Consent is given
D) Any officer orders it
  • 97. Inquest proceeding occurs when?
A) Bail is granted
B) Pre-trial is conducted
C) Suspect is arrested without warrant and brought to prosecutor within 12 hours
D) Case is dismissed
  • 98. Preliminary investigation determines?
A) Guilt
B) Sentence
C) Bail amount
D) Probable cause
  • 99. Barangay Justice System aims to?
A) Replace courts
B) Settle disputes amicably before filing in courts
C) Conduct arrest
D) Collect fines
  • 100. Witness presentation, including child witnesses, must be conducted using?
A) Leading questions only
B) Hearsay evidence
C) Coercion
D) Age-appropriate, understandable, and trauma-sensitive methods
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