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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) Sandiganbayan
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) Sandiganbayan
B) Supreme Court
C) Court of Appeals
D) MTC
  • 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) 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) 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) Supreme Court
B) Sandiganbayan
C) RTC
D) MTC
  • 7. A petition for writ of amparo is filed against military personnel. Where is the proper venue?
A) RTC
B) Court of Appeals
C) MTC
D) Sandiganbayan
  • 8. A foreign corporation sues a local company for contractual disputes. Which court hears the case initially?
A) Supreme Court
B) RTC
C) Court of Appeals
D) MTC
  • 9. A party seeks annulment of marriage. Which court has jurisdiction?
A) MTC
B) Court of Appeals
C) RTC (Family Court)
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) Supreme Court
D) RTC
  • 11. Criminal procedure primarily governs which aspect of the justice process?
A) Administrative penalties
B) Civil litigation procedures
C) Steps by which the State prosecutes violations of law
D) Arbitration procedures
  • 12. The purpose of a preliminary investigation is mainly to:
A) Determine guilt
B) Conduct trial
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) Absolute proof of guilt
B) A reasonable belief that an offense has been committed
C) Mere suspicion
D) A prosecutor’s opinion
  • 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) Initiate a complaint
B) Place the accused under lawful custody
C) Conduct preliminary investigation Answer: C
D) File an information
  • 16. Bail primarily serves to:
A) Guarantee an acquittal
B) Ensure the accused appears in court
C) Replace detention with probation
D) Reduce the penalty upon conviction
  • 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) Witness names only
B) Accused’s personal opinion
C) The acts complained of and the law violated
D) Proposed punishment
  • 19. The exclusionary rule in criminal procedure means that:
A) Evidence obtained illegally is inadmissible
B) All evidence is admissible
C) Confessions are always valid
D) Witnesses may be excluded
  • 20. A motion to quash challenges the:
A) Trial procedure
B) Validity of the complaint or information
C) Credibility of witnesses
D) Judgment
  • 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) Defense is always last
B) Judge instructs them
C) Witnesses appear first
D) The State carries the burden of proof
  • 23. The judgment in a criminal case must be based on:
A) Defense preference
B) Evidence presented and the applicable law
C) Prosecutor’s opinion
D) Public interest
  • 24. The execution of judgment in criminal procedure refers to:
A) Enforcing the final penalty imposed by the court
B) Reviewing evidence
C) Drafting the decision
D) Filing appeals
  • 25. Police officers arrested a suspect after he “acted suspiciously” but committed no overt act. Analyze the arrest.
A) Valid only if a warrant follows within 24 hours
B) Valid because suspicion is enough
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 if suspect previously had a record
B) Invalid because future acts do not justify warrantless arrest
C) Valid as long as informant is reliable
D) Valid if the suspect is known in the community
  • 27. A search warrant states “illegal drugs and related contraband.” Evaluate the warrant.
A) Valid only if the search happens immediately
B) Invalid due to lack of particularity
C) Valid because purpose is clear
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) Invalid because a warrant is limited to its specific location
B) Valid if within the same barangay
C) Valid only if consent is implied
D) Valid if officers believe evidence is inside
  • 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) Invalid because only visual inspection is allowed
C) Valid because checkpoints allow all searches
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 if suspect hides for more than 30 minutes
B) Valid as hot pursuit allows warrantless entry
C) Invalid because theft is not a serious crime
D) Valid only if homeowner consents
  • 31. Police arrest a suspect hours after a crime based only on a vague description from a bystander. Evaluate the arrest.
A) Valid if the offense is grave
B) Valid because it is still hot pursuit
C) Invalid because personal knowledge of the officer is lacking
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) Invalid because nighttime service requires express authorization
B) Valid if probable cause existed
C) Valid since the warrant is lawful
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) 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 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 if both individuals knew each other
B) Invalid because no overt act showing involvement was observed
C) Valid because one person was a suspect
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 because consent is presumed broad
B) Invalid if consent did not expressly include closed compartments
C) Valid if evidence is eventually found
D) Valid if search is within the same house
  • 38. Officers conduct a full-body search of a driver at a checkpoint without any suspicious behavior. Evaluate the action.
A) Valid if checkpoint is legal
B) Valid only if the driver is alone
C) Invalid only when done by non-uniformed personnel
D) Invalid because such intrusive searches require probable cause
  • 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) Preliminary investigation filing
B) Barangay mediation
C) Motion for reconsideration
D) Inquest review
  • 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) Inquest proceeding
B) Judicial affidavit rule
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) Direct filing privilege
B) Certification to File Action
C) Automatic judicial referral
D) Prosecutorial endorsement
  • 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 only if the defense requests it
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 only courts may release suspects
B) Correct only for capital offenses
C) Correct when warrantless arrest is invalid
D) Incorrect because suspects must stay under custody
  • 45. A complaint involving slander is filed directly with the prosecutor without barangay conciliation. Assess the filing.
A) Invalid because it must first undergo Katarungang Pambarangay conciliation
B) Invalid only when the accused refuses mediation
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) Acceptable if endorsed by the barangay
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 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) Valid because non-appearance is ground for issuance
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) Invalid because hearings are always mandatory
C) Valid because clarificatory hearings are discretionary
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) Invalid because offenses requiring PI must go through the prosecutor
B) Valid if police have personal knowledge
C) Valid if the accused is detained
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) Valid if the barangay issues certification
B) Invalid because the offense is not covered by warrantless arrest rules
C) Valid as long as the suspect admits guilt
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 reduce the penalty
B) To release the accused permanently
C) To ensure the accused appears in court
D) To excuse the crime
  • 52. During arraignment, the accused pleads “not guilty.” What happens next?
A) Judge dismisses the case
B) Pre-trial and preparation for trial are scheduled
C) Trial begins immediately
D) Bail is automatically granted
  • 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) Judge requires opening statements
B) Witnesses must speak first
C) Burden of proof lies with the State
D) Defense cannot start immediately
  • 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) Invalid because counsel is mandatory unless properly waived
B) Valid since arraignment is formal
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) 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) Invalid because the judge must ensure voluntariness and full understanding
B) Valid if freely made
C) Valid if prosecutor agrees
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) Invalid; violates right to full cross-examination
B) Valid if both parties agree
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; arraignment must always proceed
B) Improper; motion to quash must be resolved first
C) Proper only if accused insists
D) Proper if judge wants to expedite
  • 62. Court approves plea bargaining even though prosecution objects. Assess.
A) Proper; court has full authority
B) Improper; prosecution consent is essential
C) Proper if defense offers restitution
D) Proper only if offense is light
  • 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) Valid; court may accept additional evidence anytime
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) Grossly improper; violates right to present evidence
B) Valid if prosecution evidence is strong
C) Valid to shorten trial
D) Valid only if counsel agrees
  • 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) Allow short breaks and comforting assistance
C) Force the witness
D) Ignore and proceed
  • 67. Defense attorney asks leading questions during direct examination. This is:
A) Always permitted
B) Required to expedite trial
C) Always prohibited
D) Generally improper, except for hostile or child witnesses
  • 68. Prosecution presents evidence to refresh a witness’ memory. This occurs?
A) Only during rebuttal
B) Only for expert witnesses
C) During direct examination
D) During cross-examination
  • 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) 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) Direct examination
B) Hearsay
C) Improper leading
D) Cross-examination strategy
  • 72. Defense attorney impeaches a witness using prior inconsistent statements. This procedure is:
A) Improper if done in court
B) Cross-examination
C) Direct examination
D) Rebuttal evidence
  • 73. During direct examination, witness refers to a written report to explain events. This is:
A) Leading question
B) Reading testimony verbatim (improper)
C) Cross-examination
D) Refreshing memory (proper)
  • 74. Judge allows child witness to testify with simple props. This is an example of?
A) Leading question
B) Improper demonstration
C) Proper accommodation to enhance understanding
D) Cross-examination tactic
  • 75. Prosecutor asks a child witness to recount events in their own words, without suggesting answers. This demonstrates?
A) Proper direct examination
B) Hearsay
C) Cross-examination
D) Leading question
  • 76. During cross-examination, attorney asks witness to clarify statements made in direct examination. This illustrates?
A) Direct examination
B) Hearsay evidence
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) Improper
C) Cross-examination violation
D) Leading question
  • 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) 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) Cross-examination violation
C) Improper coaching
D) Leading question
  • 81. Bail primarily exists to?
A) Guarantee acquittal
B) Reduce penalty
C) Replace detention with probation
D) Ensure accused appears during trial
  • 82. During arraignment, accused pleads “not guilty.” What happens next?
A) Bail granted automatically
B) Trial begins immediately
C) Pre-trial is scheduled
D) Case dismissed
  • 83. Pre-trial aims to?
A) Schedule judgment
B) Assign a prosecutor
C) Decide civil liabilities
D) Negotiate plea bargaining and mark evidence
  • 84. Cross-examination of witnesses primarily tests?
A) Procedural technicalities
B) Prosecutor’s theory
C) Witness’s memory, perception, and credibility
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) Replace direct questioning
D) Make trial faster
  • 86. Leading questions are generally allowed during cross-examination to
A) Accelerate trial
B) Violate rights
C) Suggest answers to witnesses
D) Test credibility and impeach statements
  • 87. Direct examination should be conducted with?
A) Open-ended questions
B) Leading questions only
C) Closed-ended questions only
D) Hearsay questions
  • 88. In impeachment, prior inconsistent statements are used to?
A) Support witness credibility
B) End trial
C) Confirm hearsay
D) Challenge 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) Testing witness statements and credibility
B) Unlimited questioning without relevance
C) Introducing new evidence without notice
D) Skipping procedural rules
  • 91. Child witness testifies with assistance to?
A) Protect emotional well-being
B) Avoid cross-examination
C) Influence verdict
D) Violate impartiality
  • 92. Judge ensures searching inquiry during plea to verify
A) Guilt
B) Sentence reduction
C) Voluntariness and understanding
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) Trial on the merits
B) Bail denial
C) Informing accused of charges and receiving plea
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) Consent is given
B) Any officer orders it
C) Officer feels probable cause
D) Evidence is in plain view and exigent circumstances exist
  • 97. Inquest proceeding occurs when?
A) Pre-trial is conducted
B) Case is dismissed
C) Bail is granted
D) Suspect is arrested without warrant and brought to prosecutor within 12 hours
  • 98. Preliminary investigation determines?
A) Probable cause
B) Bail amount
C) Sentence
D) Guilt
  • 99. Barangay Justice System aims to?
A) Replace courts
B) Collect fines
C) Settle disputes amicably before filing in courts
D) Conduct arrest
  • 100. Witness presentation, including child witnesses, must be conducted using?
A) Age-appropriate, understandable, and trauma-sensitive methods
B) Hearsay evidence
C) Coercion
D) Leading questions only
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