NAME: ___________________________________________________

Date: _________________________

Instruction: Encircle the best answer.

1. What is the remedy of the accused if the trial court erroneously denies his motion for preliminary
investigation of the charge against him?
a. Wait for judgment and, on appeal from it, assign such denial as error.
b. None since such order is final and executory.
c. Ask for reconsideration; if denied, file petition for certiorari and prohibition.
d. Appeal the order denying the motion for preliminary investigation.
2. When may an information be filed in court without the preliminary investigation required in the
particular case being first conducted?
a. Following an inquest, in cases of those lawfully arrested without a warrant.
b. When the accused, while under custodial investigation, informs the arresting officers that
he is waiving his right to preliminary investigation.
c. When the accused fails to challenge the validity of the warrantless arrest at his arraignment
d. When the arresting officers take the suspect before the judge who issues a detention order
against him
3. Upon review, the Secretary of Justice ordered the public prosecutor to file a motion to withdraw
the information for estafa against Sagun for lack of probable cause. The public prosecutor
complied. Is the trial court bound to grant the withdrawal?
a. Yes, since the prosecution of an action is a prerogative of the public prosecutor.
b. No, since the complainant has already acquired a vested right in the information.
c. No, since the court has the power after the case is filed to itself determine probable cause.
d. Yes, since the decision of the Secretary of Justice in criminal matters is binding on courts.
4. What is the effect of the failure of the accused to file a motion to quash an information that charges
two offenses?
a. He may be convicted only of the more serious offense.
b. He may in general be convicted of both offenses.
c. The trial shall be void.
d. He may be convicted only of the lesser offense
5. Which of the following is a correct statement of the rule on amendment of the information in a
criminal proceeding?
a. An amendment that downgrades the offense requires leave of court even before the
accused pleads.
b. Substantial amendments are allowed with leave of court before the accused pleads.
c. Only formal amendments are permissible before the accused pleads.
d. After the plea, a formal amendment may be made without leave of court.
6. Preliminary investigation is required for all offenses punishable by imprisonment of at least
a. 4 years, 2 months and 1 day
b. 4 years, 4 months and 1 day
c. 2 years, 2 months and 1 day
d. 2 years, 4 months and 1 day
7. Which of the following is not authorized to conduct preliminary investigation for the purpose of
filing the case in court?
a. Provincial Prosecutor
b. Ombudsman
c. COMELEC
d. MTC Judges

Page 1 of 7
8. Which of the following in not the purpose of a preliminary investigation?
a. To determine if there is sufficient ground to engender a well-founded belief that a crime
has been committed and the respondent is probably guilty thereof, and should be held for
trial.
b. To protect the accused from the inconvenience, expense, and burden of defending himself
in a formal trial unless the reasonable probability of his guilt shall have been first
ascertained in a fairly summary proceeding by a competent officer.
c. To secure the innocent against hasty, malicious and oppressive prosecution, and to protect
him from an open and public accusation of a crime, from the trouble, expenses and anxiety
of a public trial.
d. To protect the complainant and the accused from having to conduct useless and expensive
trials.
9. Which of the following is NOT correct statement with respect to preliminary investigation?
a. Preliminary investigation is merely inquisitorial and it is often the only means of discovering
whether the offense has been committed and the persons responsible for it to enable the
fiscal to prepare his complaint or information.
b. Preliminary investigation is a statutory right and may be waived expressly or by silence.
c. Preliminary investigation is an inquiry or proceeding to determine whether there is
sufficient ground to engender a well-founded belief that a crime has been committed and
the respondent is probably guilty thereof, and should be held for trial
d. Preliminary investigation is a judicial proceeding
10. It is the existence of such facts and circumstances as would excite the belief in a reasonable mind,
acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of
the crime for which he was prosecuted.
a. Probable cause
b. Preliminary investigation
c. Inquest
d. Custodial investigation
11. Issuance of warrant of arrest is NOT necessary EXCEPT:
a. when the accused is already under detention
b. when the accused was arrested by virtue of a lawful arrest without warrant
c. when the penalty is a fine only
d. when the accused is not flight risk
12. It is an informal and summary investigation conducted by a public prosecutor in a criminal case
involving persons arrested and detained without the benefit of a warrant of arrest issued by the
court for the purpose of determining whether said persons should remain under custody and
correspondingly charged in court.
a. Probable cause
b. Preliminary investigation
c. Inquest
d. Custodial investigation
13. The record of the preliminary investigation conducted by a prosecutor or other officers as may be
authorized by law shall not form part of the record of the case. Is this absolute?
a. Yes, record of preliminary investigation is an administrative and not judicial proceedings.
b. Yes, record of preliminary investigation is confidential in nature
c. No, the court may order the production of record when it is to be introduced as an
evidence in the case
d. No, it is a part of the record of the case in the first place
14. A person arrested by virtue of warrantless arrest, after the filing of the complaint or information in
court without a preliminary investigation, may ask for a preliminary investigation within –
a. within five (5) days from the time he learns of its filing.

Page 2 of 7
 b. within ten (10) days from the time he learns of its filing.
c. within fifteen (15) days from the time he learns of its filing.
d. the period prior his arraignment.
15. If the accused was arrested by virtue of a lawful arrest without warrant, preliminary investigation
may be conducted if-
a. accused asks for a preliminary investigation before arraignment.
b. accused asks for a preliminary investigation and waives his rights under Article 125 of the
RPC
c. accused did not ask for preliminary investigation provided that the punishment for the
offense committed is within the coverage of preliminary investigation.
d. Accused asks for preliminary investigation after arraignment
16. The following are the essential requisites of arrest EXCEPT:
a. It must be issued upon probable cause
b. It must be issued by the clerk of court after evaluating the findings of the prosecutor and
other documents submitted to court.
c. It must be determined personally by a judge after examination under oath or affirmation
of the complainant and the witnesses he may produce
d. The warrant must particularly describe the person to be seized
17. Upon arrest, the following may be confiscated from the person arrested EXCEPT:
a. Objects subject of the offense or used or intended to be used in the commission of the
crime;
b. Objects which are not the fruits of the crime;
c. Those which might be used by the arrested person to commit violence or to escape;
d. Dangerous weapons and those which may be used as evidence in the case.
18. What does it mean when jurisprudence says that the officer, in making the arrest, must “stand his
ground”?
a. It means that the officer may use such force as is reasonably necessary to effect the arrest.
b. It means that the officer should not run and effect the arrest at once.
c. It means that the officer brings the arrested person to the nearest police station
d. It means that the officer must to the court within the prescribed period
19. Which of the following statement is NOT correct?
a. A warrant of arrest is valid until the arrest is effected or until it is lifted.
b. Warrant of arrest is valid only for a period of 10 days.
c. The head of the office to whom the warrant was delivered must cause it to be executed
within 10 days from its receipt, and the officer to whom it is assigned for execution must
make a report to the judge who issued it within 10 days from the expiration of the period.
d. Warrant of arrest is the taking of person into custody in order that he may be bound to
answer for the commission of the offense
20. The purpose of determining probable cause by a judge is to:
a. to determine whether accused may be guilty
b. to determine whether accused should be acquitted
c. to convict the accused beyond reasonable doubt
d. to determine whether warrant of arrest should be issued.
21. The prosecutor determines probable cause for,
a. the issuance of warrant
b. to convict or acquit the accused
c. to determine the evidence to be presented in court.
d. to determine if the accused may be guilty and should be held for trial
22. Warrant of arrest is not necessary when,
a. the accused is already under detention
b. when it is clear from evidence that the accused committed the crime
c. when under the discretion of the court, the accused shall be convicted.

Page 3 of 7
 d. When there is probable cause
21. The following are the rights of a person under custodial investigation except,
a. To be assisted by a counsel
b. To communicate with his lawyer, a relative, or anyone he chooses
c. To give bail
d. To be informed of the nature of the offense
22. Stop and frisk is also known as,
a. Terry Search
b. Miranda Stop
c. Harvey Search
d. Airport frisk
23. Armed with a warrant of arrest, Police Officers Santos and two others apprehended Badong at his
house on a Sunday at 1:00am. Badong then questioned the validity of the arrest because the arrest
was made at night. Is his contention correct?
a. No, an arrest may be made any time
b. No, because the police officer informed him of the nature of his arrest
c. Yes, even armed with warrant, a police officer should make the arrest during the day in
order to avoid scandal.
d. Yes, because there was a violation of domicile.
24. Santos was charged of Estafa. The judge of Makati then issued a warrant of arrest since the
commission of the crime took place in Makati. Thereafter, Santos was seen by the arresting officer
in Tutuban, Manila. What should the police officer do?
a. he should deliver the accused to the judge who issued the warrant and be held for trial.
b. he should deliver the accused to the police station in Manila
c. He should deliver the accused to the police station in Makati
d. He should deliver the accused to the prosecutor for inquest.
25. Can an officer arrest a person against whom a warrant has been issued even if he does not have
the warrant with him?
a. Yes, but after the arrest, if the person arrested requires, it must be shown to him as soon
as practicable
b. Yes, without any qualification
c. No, the warrant of arrest must be in possession of the arresting officer
d. No, alias warrant is required
26. As a general rule, the officer shall inform the person to be arrested of his authority and the cause
of the arrest EXCEPT when:
a. The to be arrested is not engaged in the commission of an offense
b. The person to be arrested is pursued immediately after its commission
c. The person to be arrested not escape
d. The person to be arrested do not resists flees or forcibly resists
27. In a criminal case for violation of a city ordinance, the court may issue a warrant of arrest:
a. for failure of the accused to submit his counter-affidavit.
b. after finding probable cause against the accused.
c. for failure of the accused to post bail.
d. for non-appearance in court whenever required.
28. Celso was arrested in the act of committing a crime on October 1, 2018. After an inquest hearing,
an information was filed against Celso and his lawyer learned of the same on October 5, 2018.
Celso wants to file a motion for preliminary investigation and therefore he has only up to _____ to
file the same.
a. October 20, 2018
b. October 10, 2018
c. November 15, 2018
d. October 16, 2018
29. When may an information be filed in court without the preliminary investigation required in the
particular case being first conducted?
a. Following an inquest, in cases of those lawfully arrested without a warrant.

Page 4 of 7
 b. When the accused, while under custodial investigation, informs the arresting officers that
he is waiving his right to preliminary investigation.
c. When the accused fails to challenge the validity of the warrantless arrest at his
arraignment.
d. When the arresting officers take the suspect before the judge who issues a detention order
against him.
30. What is the remedy of the accused if the trial court erroneously denies his motion for preliminary
investigation of the charge against him?
a. Wait for judgment and, on appeal from it, assign such denial as error.
b. None since such order is final and executory.
c. Ask for reconsideration; if denied, file petition for certiorari and prohibition.
d. Appeal the order denying the motion for preliminary investigation.
31. The authority of the court to take cognizance of the case in the first instance.
a. A. Appellate Jurisdiction
b. General Jurisdiction
c. Original Jurisdiction
d. Exclusive Jurisdiction
32. A person designated or appointed by the court to assist destitute litigants.
a. Counsel de officio
b. Attorney on record
c. Attorney at law
d. Special counsel
33. Which of the following is not covered by the Rules on Summary Procedure?
a. Violation of rental laws
b. Violation of traffic laws
c. The penalty is more than six months of imprisonment
d. The penalty does not exceed six months’ imprisonment
34. The security given for the release of a person in custody, furnished by him or a bondsman,
conditioned upon his appearance before any court as required under the conditions specified by
law.
a. Subpoena
b. recognizance
c. bail
d. warrant
35. It is an inquiry or proceeding for the purpose of determining whether there is sufficient ground to
engender a well-founded belief that an offense has been committed and the offender is probably
guilty thereof and should be held for trial.
a. pre-trial
b. arraignment
c. preliminary investigation
d. plea bargaining
36. The taking of a person into custody in order that he may be bound to answer for the commission
of an offense.
a. Search
b. Seizure
c. Arrest
d. Detention
37. The rule on summary procedure applies to criminal cases where the penalty prescribed by the law
for the offense charged does not exceed
a. 3 years
b. six years
c. 6 months’ imprisonment
d. 4 years and 2 months

Page 5 of 7
38. What is that rule where an offended party may intervene in the court proceeding personally or
through a counsel?
a. Miranda Rule
b. rule of facilitation
c. rule of intervention
d. rule of reservation
39. How should the plea to a complaint or information be made by the accused?
a. personally, in open court and of the record
b. by the approval of the court and upon written request by the accused
c. through counsel in open court and on the record
d. personally by written motion
40. Criminal jurisdiction over the subject matter shall be determined by the
a. law enforced at the time of the commission of the offense
b. law enforced at the time of trial
c. law enforced at the time of the institution/filing of the offense
d. law enforced at the time of the discovery of the offense
41. Criminal procedure is a
a. substantive law
b. constitutional law
c. administrative law
d. procedural or remedial law
42. Under the law, the warrant of arrest shall remain valid unless
a. after the lapse of ten days from its issuance
b. it is served or lifted
c. after the lapse of the period for the police to execute the same
d. after the lapse of the period for the police to make his report
43. The law providing the rights of person arrested, detained or under custodial investigation is
a. RA No 7691
b. RA No 8493
c. RA No 7438
d. RA No 7659
44. These are things to be searched EXCEPT:
a. property subject of the offense
b. property stolen or fruits of the crime.
c. intended to be used for committing an offense.
d. personal property of the subject person
45. Which of the following does NOT justify arrest without warrant?
a. Continuing crime
b. Arrest based on police suspicion
c. Emergency doctrine
d. Hot pursuit
46. Can a private person have the right to break into a building?
a. No, the right is accorded only to public officials
b. Yes, only if such breaking is necessary in making an arrest for a felony or to prevent the
commission of the offense
c. Both A and B is correct
d. None of the above
47. There are three types of criminal procedure: the accusatorial, the inquisitorial and what is the
other type?
a. Mixed
b. Peculiar
c. Secular
d. Directorial
48. What shall a peace officer do if he is refused admittance into a building where the person to be
arrested is believed to be in?

Page 6 of 7
 a. Wait outside until the person to be arrested decides to leave the building;
b. After announcing his authority and purpose, the peace officer may break into any building
or enclosure where the person to be arrested is or is reasonably believed to be;
c. Leave the building and secure a court order to break into the building.
d. None of the above
49. Who shall enter a plea of guilty?
a. His counsel de officio
b. His authorized counsel
c. Self-confessed accused
d. Defendant himself in an open court
50. Under the Local Government Code of 1991, what is the condition precedent that must be
satisfied before the institution of a criminal action in court?
a. Settlement has been repudiated
b. Certification of no conciliation
c. Confrontation between parties at the lupon level
d. Alternative dispute resolution

Page 7 of 7