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PRE TEST
Contributed by: Pascual
  • 1. Who among the following may not conduct a preliminary investigation?
A) State prosecutors
B) • Judges of the MTC or MCTC
C) City or provincial prosecutors or their assistants
D) National prosecutors
  • 2. The following determines the jurisdiction in criminal cases, EXCEPT:
A) Subject matter
B) Person of the accused
C) Territory or venue of the offense
D) Social status of the accused
  • 3. This system of criminal justice is conducted either at the initiative of the public prosecutor or the offended party and the right to appeal is limited to the defense.
A) Mixed
B) Fixed
C) Accusatorial
D) Inquisitorial
  • 4. During the custodial investigation at the police, M was informed of his constitutional rights to remain silent and to have an independent and competent counsel. He decided to waive his right to counsel and proceeded to make a statement admitting to have committed homicide. In the same incident, he implicated C, his co-conspirator in the crime. Is the statement of M admissible?
A) It is also not admissible to C even if conspiracy is proven between M and C, as the statement > made after the conspiracy ceased.
B) The statement of M is not admissible.
C) All of these are correct.
D) The waiver of counsel was not made in the
  • 5. Nhen may bail be considered as a matter of discretion?
A) • In capital offenses when the evidence of guilt is strong
B) In capital offenses
C) In capital offenses
D) In cases punishable by penalties which are not afflictive
  • 6. It is the taking a person into custody in order that he may be bound to answer for the commission of an offense.
A) Detention
B) Seizure
C) Restraint
D) Arrest
  • 7. When may the offended party be allowed to intervene in criminal cases?
A) When he has waived the civil action.
B) • When he has expressly reserved the right to institute a separate civil action
C) When he has filed the civil action before the criminal case
D) When he has not waived the civil action
  • 8. Which among the following is not an essential requisite of a complaint or an information? a.
    It must be filed in court
A) It must be in the name of the People of the philippines
B) It must be filed in the office of the prosecutor
C) It must be filed in court
D) It must be in writing
  • 9. If the crime charged is unclear, what motion may be filed before arraignment?
A) Motion for new trial
B) Motion to dismiss
C) Bill of Particulars
D) Motion to quash
  • 10. It is defined as a method fixed by law for the apprehension and prosecution of persons alleged to have committed a crime, and for their punishment is case of conviction.
A) Criminal procedure
B) Criminal investigation
C) Criminal surveillance
D) Rules of procedure
  • 11. If there are facts and issues to be clarified from a party or witness - within 10 days after submission of counter affidavit, the prosecutor may conduct:
A) Inquest
B) Preliminary investigation
C) Determination of probable cause
D) Clarificatory hearing
  • 12. Who among the following it not authorized to conduct preliminary investigation?
A) City Prosecutors
B) Provincial Prosecutors
C) Judges of MTC and MCTC
D) State Prosecutors
  • 13. Within 10 days after receipt of subpoena with the complaint and supporting affidavits and documents
    - respondent submits:
A) counter-affidavit
B) motion to dismiss
C) motion for bill of particulars
D) motion to quash
  • 14. The well-established rule is that the conduct of preliminary investigation is a function that belongs to the:
A) Courts
B) Public prosecutor
C) Law enforcers
D) Investigative bodies
  • 15. Within 10 days after the filing of the complaint, the prosecutor or fiscal determines if there is
A) Proof beyond reasonable doubt
B) Enough evidence
C) Probable cause
D) Witnesses
  • 16. There is reasonable certainty of conviction when:
A) the complaint underwent a conciliationproceeding before the Lupon
B) a complaint is filed against the respondent
C) a prima facie case exists based on the evidence-at-hand
D) there are witnesses against the respondent
  • 17. Rule 112 of the Rules of Court provides for:
A) Prosecution of offenses
B) Inquest
C) Filing of the criminal case
D) Preliminary investigation
  • 18. Direct filing with the MTC or MCTC may be done
    >
    if:
A) In case of direct filing
B) If the prosecutor is not available
C) For light offenses
D) If the case does not require preliminary investigation
  • 19. Which of the following is not the purpose of preliminary investigation?
A) to hasten the filing of the case against the accused in court
B) to spare the innocent from trouble, expenses, and anxiety of a public trial
C) to protect the innocent against hasty prosecution
D) to protect the state itself from useless and wasteful trial.
  • 20. Preliminary investigation is required before the filing of complaint or information for an offense where the penalty prescribed by law is imprisonment of at least:
A) 4 years to 6 years
B) At least 6 years
C) 4 years, 2 months and 1 day
D) 4 years, 2 months
  • 21. X, Y and Z were convicted by the Regional Trial Court for murder and while under detention they appealed such judgment to the Court of Appeals.
    In case any of them or all of them escapes from prison, what happens to the appeal?
A) The appeal will be deemed abandoned.
B) The appeal will push through.
C) The appeal will be suspended.
D) The Court of Appeals may dismiss the appeal.
  • 22. When does a judgment become final?
A) When the sentence has been partially or totally satisfied or served.
B) When the accused has waived in writing his right to appeal or has applied for probation.
C) All of these.
D) When the accused has waived in writing his right to appeal or has applied for probation.
  • 23. If X, Y, and Z were convicted by the trial court and only X appealed and the appeal resulted to the reversal of the judgment, will such affect Y and Z?
A) No, because such is violative of due process.
B) Yes, if they wish to avail of the favorable judgment of the appellate court.
C) No, it will benefit only X who appealed.
D) Yes, because the reversal of the conviction is favorable to Y and Z.
  • 24. Arraignment may be suspended when the accused appears to be of unsound mental condition or the court finds the existence of a_______:
A) Motion for Bill of Particulars
B) Motion to Quash
C) Valid prejudicial question
D) Motion to Dismiss
  • 25. X embezzled the money belonging to Y. Y then filed an estafa case against X. To prevent X from disposing his properties while the case is being tried and prevent X from disposing them, what provisional remedy may Y avail of?
A) Attachment
B) Replevin
C) Support pendete lite.
D) All of these.
  • 26. Modification of the judgment must be:
A) Motu proprio on the part of the accused.
B) Upon motion from any party.
C) Motion of the accused.
D) Motu proprio on the part of the court.
  • 27. It refers to an offense under the law existing at the time of the commission and application for admission to bail may be punished with death.
A) Mala prohibita
B) Special crime
C) Capital offense.
D) Mala in se
  • 28. What is the effect of the withdrawal of appeal by the accused?
A) None of these.
B) The judgment becomes final.
C) The judgment becomes executory.
D) The judgment becomes immutable.
  • 29. A, B, and C were tried and convicted of 3 counts of murder as charged. The Court of Appeals upheld their conviction and the case was elevated to the Supreme Court. While the case was being reviewed on appeal by the Supreme Court, C withdrew his appeal. Subsequently, the Supreme Court found the appellant guilty of 3 counts of homicide not murder. C pleaded to the Supreme Court that he avail of the favorable judgment rendered on appeal to the Supreme Court even if he withdrew his appeal. May his request be granted?
A) No, because his withdrawal of his appeal is equivalent to waiver of any favorable judgment on appeal.
B) Yes, because the favorable judgment shall benefit all the ›laccused as they supposedly acted in conspiracy.
C) No, because he withdraw his appeal
D) Yes, because it will be unfair to C if he will not benefit from the favorable judgment on appeal especially that they acted in conspiracy.
  • 30. Which court may try cases and conduct hearings, receive evidence and perform all acts necessary to resolve factual issues raised in cases appealed before it?
A) Court of Appeals
B) Regional Trial Court
C) Metropolitan Trial Court
D) Sandiganbayan
  • 31. Which of the following is NOT a provisional remedy under Rule 127?
A) Certiorari
B) Preliminary attachment
C) Preliminary injunction.
D) Replevin
  • 32. The order of trial is:
A) Defense, rebuttal, prosecution, submission for decision.
B) Defense, prosecution, rebuttal, submission for decision.
C) Prosecution, defense, rebuttal, submission for decision.
D) Prosecution, rebuttal, defense, submission for decision.
  • 33. In the Philippines, the system of criminal procedure is:
A) Accusatorial system
B) Mixed system
C) Inquisitorial system
D) Fixed system
  • 34. The following personal property may be considered as objects of the search warrant, except those which are:
A) Property of the accused.
B) Stolen or embezzled and other fruits of the cirme.
C) Used or intended to be used as a means of commission of an offense.
D) Subject of the offense.
  • 35. The re-opening of the proceedings:
A) At the instance of the judge motu proprio or upon motion.
B) All of these.
C) Should be done at anytime before the finality of judgment.
D) Is done to avoid miscarriage of justice.
  • 36. A person designated by the court to assist destitute litigants:
A) Counsel of record
B) Amicus curae
C) Counsel de officio
D) Counsel de parte
  • 37. Appeal is a statutory privilege. What does this imply?
A) It can be exercised freely.
B) All of these
C) It may be exercised only in the manner and in accordance with the provisions of law.
D) It is also available as remedy of the accused.
  • 38. Jurisdiction over the person of the accused is:
A) Conferred by law.
B) Acuired by stipulation of the parties.
C) Acquired upon his arrest or voluntary surrender.
D) Determined by the penalty imposable.
  • 39. Which of the following is NOT one of the requisites of a judgment?
A) It must contain clearly and distinctly a statement of the facts and the law upon which it is based.
B) It must be written in the official language.
C) It must be personally and directly prepared and signed by the judge.
D) It must be grammatical and coherent.
  • 40. WW, the wife, commits adultery with a man, MM, the wife of MM filed the complaint. Should the complaint prosper?
A) No, because the wife of MM is not the offended spouse.
B) No, because the complaint should be filed by the public prosecutor.
C) No, because the complaint should be filed by the police.
D) No, because the complaint should be filed by the private prosecutor.
  • 41. The institution of a criminal action depends:
A) Upon whether or not the offense is one which requires a preliminary investigation.
B) Upon whether or not the offense is a private offense.
C) Upon whether or not there is a private offended party.
D) Upon whether or not there is civil liability.
  • 42. Jurisdiction over the subject matter is:
A) Conferred by law.
B) Determined by the penalty prescribed by law.
C) Acquired upon the arrest of the accused.
D) Acquired by the voluntary surrender of the accused.
  • 43. A system characterized by the right to confrontation, to a public trial and be heard by competent counsel.
A) Fixed System
B) Inquisitorial System
C) Accusatorial System
D) Mixed System
  • 44. Which among the following is a non-bailable offense?
A) Libel
B) Homicide
C) Rape
D) Robbery
  • 45. A move for the annulment of the criminal charge made by an accused is:
A) Plea bargaining
B) Demurrer to evidence
C) Motion to quash
D) Bill of Particulars
  • 46. Civil action for the recovery of civil damages arising from a criminal offense is deemed instituted with the criminal action. This rule does not apply in the following cases, EXCEPT:
A) When the offended party waives the civil action.
B) When the offended party institutes the criminal action.
C) When the offended party institutes the civil action before the criminal action.
D) When the offended party reserves the right to institute a separate civil action.
  • 47. EXCEPT FOR ONE, preliminary investigation is also designed to:
A) Free the respondent from ignominy and stress of a formal trial.
B) Free the respondent from any criminal liability.
C) Free the respondent from the inconvenience of a formal trial.
D) Free the respondent from the expense of a formal trial.
  • 48. The following EXCEPT one, are valid venues, where may petition for suspension of criminal action by reason of a pending prejudicial question in a civil proceeding:
A) The court where the civil case is pending.
B) The court where the criminal case is pending.
C) None of these.
D) Office of the prosecutor
  • 49. When an accused is discharged as a state witness, it is comparable to:
A) Conviction
B) Reprieve
C) Acquittal
D) Commutation
  • 50. If the complaint or information was already filed pursuant to a lawful warrantless arrest, the court shall issue a:
A) Mittimus
B) Commitment order
C) Warrant of arrest
D) Bench warrant
  • 51. What is the basis of provisional remedies in criminal action?
A) The damages which are separately instituted.
B) The civil action which is deemed instituted in a criminal case.
C) The obligations which might result from the criminal case.
D) All of these
  • 52. A judgment of conviction may be modified or set aside, upon motion of the accused, before:
A) Availment of post sentence remedies.
B) Judgment becomes final or appeal is perfected.
C) Plea bargaining
D) None of these is correct.
  • 53. Which among the following may not be filed before the judgment becomes final?
A) Motion for New Trial
B) Motion for Reconsideration
C) Notice of Appeal
D) Motion to Quash
  • 54. Cases on appeal on judgment rendered by a Municipal Trial Court shall be elevated where?
A) Court of Appeals
B) Supreme Court
C) Sandiganbayan
D) Regional Trial Court
  • 55. A judicial examination and determination of the issues is an action or proceeding, civil or criminal.
A) Plea Trial
B) Plea bargaining
C) Pre Trial
D) Trial
  • 56. Ground for demurrer to evidence:
A) Irrelevant evidence
B) Motion to Quash
C) Prejudicial question
D) Insufficiency of evidence
  • 57. What is the lifetime of a search warrant.
A) 10 days from date
B) 10 days from issue
C) 15 days from date
D) 15 days from issue
  • 58. It refers to the adjudication by the court that the accused is guilty or not guilty of the offense charged; and the imposition of proper penalty and civil liability provided for by law on the accused.
A) Judgment
B) Conclusion
C) Disposition
D) Conviction
  • 59. The complaint or information is filed in the name of the People of the Philippines because:
A) A criminal offense is considered to have been committed against the entire social order.
B) A criminal offense is mala in se.
C) A criminal offense is committed against private individuals.
D) The criminal offense is mala prohibitum.
  • 60. A counsel de officio is generally given how many days to prepare for trial after the pre-trial?
A) 15 days
B) 10 days
C) 30 days
D) 5 days
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