Angeles University Foundation

Angeles City
COLLEGE OF CRIMINAL JUSTICE EDUCATION

CRIMINAL PROCEDURE

INSTRUCTION: Select the correct answer for each of the following questions. Mark only one answer
for each item by marking the box corresponding to the letter of your choice on the answer sheet
provided. STRICTLY NO ERASURES ALLOWED. Use pencil no. 1 only.

MULTIPLE CHOICE

1. During the pendency of his criminal case, A died due to heart attack. His untimely death
resulted in
A. termination of proceedings C. postponement of the case
B. suspension of the case D. dismissal of the case for lack of
respondent

2. When several persons are co-accused for a crime committed, what is that requirement
that must be satisfied in order that one or more of those accused can qualify as state
witness?
A. he appears to be the least guilty
B. he does not appear to be the most guilty
C. not more than two accused can be state witness
D. he seems to be not guilty

3. What should the court do when the offense is less serious physical injuries and the
offense proved is serious physical injuries and the defendant may be convicted only of
the offense as charged?
A. do not dismiss the action
B. do not dismiss the action but should order the filing of a new information
C. dismiss the action
D. stay with the action and decide accordingly to avoid double jeopardy

4. 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 C. 6 months imprisonment
B. six years D. 4 years and 2 months

5. What is the order in writing issued in the name of the People of the Philippines, signed
by a judge and directed to a peace officer commanding him to search for personal
property described therein and bring it before the court?
A. warrant of arrest C. Subpoena
B. Search warrant D. Summons

6. Under the new Constitution, who is empowered to order or change the venue or place
of trial in order to avoid miscarriage of justice?
A. executive judge
B. supreme court
C. regional trial courts
D. regional state prosecutor

7. What crime is committed when the offender, acting under a single criminal resolution,
commits a series of acts in the same place at about the same penal provision?
A. Composite
B. Compound
C. Continuing
D. Complex

8. What is that rule where an offended party may intervene in the proceeding personally
or through a counsel?

1
 A. Miranda Rule
B. rule of facilitation
C. rule of intervention
D. rule of reservation

9. What kind of motion may be availed of anytime before arraignment?

A. motion to dismiss
B. motion for review
C. motion for reconsideration
D. motion to quash

10. What should be done in cases of offenses against property where the name of the
offended party is unknown?
A. court must cause the true name to be inserted
B. what is pivotal is the name and description of the offender
C. the police must label the property in a way that will distinguish it from others
D. describe the property subject matter with such particularity as to properly
identify, the particular offense charged

11. 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

Situation 1 – A and B are neighbors. During a drinking spree, A punched B without any
provocation. B’s injury required medical attendance for a period of seven (7) days.
Immediately thereafter SP01 P whose help was sought by B, took the statement of B and
did not know what to do.

12. Considering the nature of the offense committed by A, SP01 P should:

A. file the case directly with the court
B. instruct B to file the matter first before the barangay C
C. file the case before the prosecutor’s office
D. file the case himself before the barangay court

13. Assuming that the result of the action of A was death, instead of mere physical injuries
against B, SP01 P should, in his investigation and report concentrate and stress on:
A. whether or not A was drunk at the time
B. the Barangay Court has no jurisdiction over the case
C. whether or not B was also drunk
D. None of the above

14. Assuming that the public prosecutor on the basis of the now written confession of A,
who waived his right of counsel because he could not afford one, filed the information
against him and the judge after trial, convicted A on the basis of his written confession.
A would like to appeal his case to a higher court. The appeal should be filed -
A. within 30 days from the time A’s counsel de oficio who was absent of the time of
the promulgation received a written copy of the judgment of conviction.
B. within 30 days from the date the case was submitted for resolution
C. within 15 days from the promulgation of judgment
D. within 15 days from the date of pre-trial conference

15. Assuming that A’s appeal was filed 30 days after his counsel de oficio learned of the
judgment, the appeal should
A. Not be given due course, because the judgment which were rendered after trial
was obviously correct anyway
B. be given due course because it was filed within the reglamentary period
C. not be given due course because the confession was really inadmissible
against A and the judgment of conviction must be reversed
D. None of these

2
16. 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

17. Criminal procedure is a

A. substantive law C. administrative law
B. constitutional law D. Procedural or remedial law
C. administrative law
18. The stage of a judicial proceeding whereby the accused shall be informed of the nature
and cause of the accusation against him, in compliance of the mandate of the
consultation and the rules and in order to fix the identity of the accused is
A. criminal investigation
B. pre-trial conference
C. preliminary investigation
D. arraignment and plea

19. Defined as the taking of a person into custody in order that he may be bound to answer
for the commission of an offense
A. None of these
B. Custody
C. Detention or imprisonment
D. Investigation

20. 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

21. The procedure which allows the affidavit or counter-affidavit of the parties or their
witnesses to constitute as their direct oral testimony in the case, subject however to
cross examination
A. Revised Rule on Summary Procedure
B. Revised Rules on Criminal Procedure
C. Revised Rules on Evidence
D. Revised Penal Code

22. The right of an accused to bail is a matter of right in those cases -

A. falling within the jurisdiction of the RTC before or after conviction, except capital
offenses
B. falling within the jurisdiction of the MTC before or after conviction
C. falling within the jurisdiction of the RTC where the penalty for the offense does
not exceed twenty years imprisonment
D. all of these

23. Preliminary investigation is required in those criminal cases where the penalty provided
by law for the offense charged is
A. over 6 years imprisonment regardless of the amount of fine
B. exceeding 6 years imprisonment irrespective of the amount of fine
C. at least 4 years, 2 months and 1 day of imprisonment irrespective of the amount
of fine
D. not exceeding 6 years imprisonment irrespective of the amount of fine

24. Violation of City or municipal ordinance are within the

A. concurrent jurisdiction of the RTC and MTC
B. exclusive original jurisdiction of the RTC
C. exclusive jurisdiction of the Family Court
D. exclusive original jurisdiction of the MTC

25. The power or authority of a court to try, hear and decide a class of criminal case
brought before it

3
 A. criminal jurisprudence
B. criminal jurisdiction
C. criminal procedure
D. criminal due process of law

26. If no criminal action has yet been instituted, a motion to quash a search warrant and/or
suppress evidence obtained thereby by the police shall be filed in and resolve by the
A. court which has jurisdiction over the place where the offense was committed
B. court that issued the search warrant
C. court where the suspects reside
D. court within the judicial region of the place where the crime was committed

27. What if the offended party is a corporation, how do you indicate it in the complaint or
information?
A. state the name of the corporation
B. leave it blank as error is merely clerical and can be corrected during trial
C. aver it in the charge sheet
D. aver that it is legally organized pursuant to SEC rules
28. The following are grounds for the suspension of arraignment proceedings, except one.
A. probable cause exists against the accused
B. the accused is suffering from insanity
C. prejudicial question exists
D. pending petition before the Department of Justice

29. The following may not be undertaken during the pre-trial except one.
A. plea bargaining/plea negotiation
B. identification/markings of exhibits
C. stipulation of facts
D. examination of witnesses

30. When is the provisional dismissal of the accused for offenses punishable by prision
mayor permanent after the issuance of the order without the case having been revived.
A. one year
B. two years
C. three years
D. six months

31. In the following cases only the offended party, her parents, and grandparents can file a
complaint except one.
A. acts of lasciviousness
B. seduction
C. abduction
D. rape

32. It is the petition to appeal the decisions of the Regional Trial Court to the Court of
Appeals.
A. notice of appeal
B. certiorari
C. review on certiorari
D. review

33. It is the method fixed by law for the apprehension and prosecution of persons accused
of a criminal offense and for their punishment in case of conviction.
A. criminal law
B. criminal procedure
C. criminal evidence
D. civil law

34. The following are the sources of criminal procedure except one.
A. 1987 Constitution
B. Executive orders
C. Presidential decrees
D. Rules of Criminal Procedure of 1985 as amended effective December 1, 2000

4
35. It is the branch of the government that has jurisdiction over the judges of the court.
A. executive
B. legislative
C. judiciary
D. national government

36. It simply declares what acts are punishable.

A. criminal law
B. criminal procedure
C. criminal evidence
D. remedial law

37. It is the authority of the court to hear and try a particular offense and to impose
punishment provided by law.
A. criminal jurisdiction
B. jurisdiction
C. venue
D. motion to quash

38. It is the authority to settle justiciable controversies or disputes involving rights that are
enforceable and demandable before the courts of justice or redress of wrongs for
violations of such rights.
A. judicial notice
B. judicial power
C. judicial review
D. judicial controversy

39. It is a sworn statement charging a person with an offense, subscribed by the offended
party, any peace officer, or other public officer charged with the enforcement of the law
violated.
A. information
B. affidavit
C. warrant
D. complaint

40. The following makes a complaint or information sufficient except one.

A. designation of the offense given by the statute
B. place where the offense was committed
C. name of the prosecuting officer
D. approximate time of the commission of the offense

41. It is the stage where the accused is formally informed of the charges against him by
reading before him the information or criminal complaint and asking whether he pleads
guilty or not guilty as charged.
A. direct examination
B. arraignment
C. cross examination
D. rebuttal

42. The following are the remedies against the prosecutor for his refusal to indict except
one.
A. action for mandamus
B. administrative charges
C. appeal to the Court of Appeals
D. secure appointment of another prosecutor

43. It is embraced in the custodial investigation.

A. questioning of the investigating officer of its involvement in the commission of
the crime
B. ultraviolet ray examination
C. re-enactment
D. police line-up

5
44. It is the security given for the release of a person in custody of law, furnished by him or
by a bondsman, to guarantee his appearance before any court required under the
conditions hereinafter specified.
A. bail C. recognizance
B. surety D. cash deposit

45. It is an offense which under the law existing at the time of its commission and of the
application for admission to bail, may be punished by death.
A. grave offense C. light offense
B. less grave offense D. capital offense

46. It is an undertaking constituted as lien on the real property given as security for the
amount of bail.
A. cash bond C. property bond
B. corporate bond D. surety bond

47. It is an obligation of record, entered into before some court or magistrate duly
authorized to take it, with the condition to do some particular act, the most usual
condition in criminal cases being the appearance of the accused for trial.
A. recognizance
B. corporate bond
C. surety bond
D. property bond

48. It is the decision or sentence of the law given by a court or other tribunal as the result of
the proceedings instituted therein.
A. notice of appeal C. review on certiorari
B. certiorari D. judgment

49. It is otherwise known as the Local Government Code of 1991.

A. RA 7163 C. RA 7161
B. RA 7162 D. RA 7160

50. In the following disputes, the barangay conciliation is not necessary except one.
A. when one party is a public officer or employee and the dispute relates to the
performance of his official functions
B. when one party is the government, or any subdivision or instrumentality thereof
C. offense for which the law prescribes a maximum penalty of imprisonment
exceeding two (2) years or a fine of over ten (10) thousand pesos.
D. Disputes involving parties who actually resides in the same barangays

51. It is the number of members of the lupon tagapamayapa.

A. less than 10
B. more than 10 but not exceeding 20
C. more than 15 but not exceeding 25
D. more than 5 but not exceeding 10

52. It is the circumstance where parties may go directly to court except one.
A. the accused is at large
B. a person has otherwise deprived of personal liberty
C. barred by the statute of limitations
D. provisional remedies such as preliminary injunction, attachment, support
pendente lite

53. The following are valid venues where may petition for suspension of criminal action by
reason of a pending prejudicial question in a civil proceeding except one.
A. court conducting the preliminary investigation
B. prosecutor’s office
C. court where the criminal case is pending
D. court where the civil case is pending

54. It refers to the party appealing the case.

A. complainant C. appellee

6
 B. appellant D. accused

55. It is the time to make a reservation of the right to institute a separate civil action.
A. pre-trial conference
B. prosecution rested its case
C. before arraignment
D. before the presentation of evidence of the prosecution

56. It is the court that which exercises jurisdiction for offenses involving unexplained
wealth.
A. court of tax appeals
B. court of appeals
C. sandiganbayan
D. ombudsman

57. In the following, amendment of the information without leave of court is allowed except
one.
A. form
B. typographical errors
C. substance
D. changes the nature of the offense

58. In the following cases summary procedure may be applied except one.
A. violation of city or municipal ordinances
B. criminal cases punishable by imprisonment not exceeding 6 years
C. violation of rental laws
D. violation of traffic laws, rules and regulations

59. The following may be submitted by the respondent during the preliminary investigation
except one.
A. counter affidavits of witnesses
B. motion to dismiss
C. documentary evidence to support the case
D. counter affidavits

60. The bail bond may be cancelled when.

A. the accused is acquitted
B. the case is dismissed
C. final judgment for conviction was executed
D. all of the above

61. It is the motion to be filed before the arraignment of the accused if the crime charge is
ambiguous.
A. mandamus C. bill of particular
B. certiorari D. dismiss

62. It is the matter of discretion by the court to grant bail.

A. capital offense
B. cases involving plunder
C. capital offense where the evidence of guilt is strong
D. offenses punishable by prision correctional

63. It is the system of criminal procedure that is observe in the Philippine’s jurisprudence.
A. accusatorial C. inquisitorial
B. mixed D. adversarial

64. It is the system of criminal procedure which 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. accusatorial C. mixed
B. inquisitorial D. adversarial

65. It is called the person charged in a civil case.

A. respondent C. complainant

7
 B. defendant D. accused

66. It is the counsel appointed by the court to assist indigent litigants.

A. counsel de oficio C. prosecutor
B. attorney at law D. clerk of court

67. It is the number of days within which to file an appeal after the receipt of the judgment
of conviction.
A. 5 days C. 15 days
B. 10 days D. 20 days

68. It is the jurisdiction vested to the court where the question is the constitutionality of a
treaty or an international agreement.
A. Metropolitan Trial Courts
B. Regional Trial Courts
C. Court of Appeals
D. Supreme Court

69. It is the number of justices in the Supreme Court.

A. 20 C. 10
B. 15 D. 8

70. It is the jurisdiction which is vested in a number of courts.

A. original C. concurrent

B. exclusive D. appellate

71. It is the jurisdiction which has the power to review and determine cases filed in the
inferior courts.
A. original C. concurrent
B. appellate D. exclusive

72. It is the motion of the accused to annul or dismiss the criminal charge against him.
A. bill of particulars
B. plea negotiation
C. motion to quash
D. motion to dismiss

73. It is the number of days within which a decision is perfected.

A. 5 days C. 15 days
B. 10 days D. 20 days

74. It is the order of trial in a criminal proceedings.

A. defense, prosecution, rebuttal, submission of evidence
B. prosecution, defense, rebuttal, submission of evidence
C. prosecution, rebuttal, defense, submission of evidence
D. defense, submission of evidence, rebuttal, prosecution

75. It is the part of the trial wherein the civil aspect of the case may be settled amicably
between the parties.
A. hearing C. preliminary examination
B. plea negotiation D. pre-trial conference

76. It is otherwise known as the Court of First Instance.

A. Metropolitan Trial Court
B. Regional Trial Court
C. Municipal Trial Court
D. Municipal trial Court in Cities

77. It is the number of days within which the law allows the accused to prepare for his trial
after a plea
of not guilty is entered.
A. 15 days
B. 10 days

8
 C. 5 days
D. 3 days

78. Plunder cases are within the jurisdiction of ____________.

a. Ombudsman
b. Regional Trial Court
c. Sandiganbayan
d. Senate

79. The following are special courts except one.

a. Sandiganbayan
b. Court of Tax Appeals
c. Sharia District Courts
d. Metropolitan Trial Courts

80. The Court of Appeals has to decide/resolve cases within how many months.
a. 24 months
b. 12 months
c. 6 months
d. 3 months