QUESTIONS AND ANSWERS ON COURT TESTIMONY

1. Jurisdiction over the subject matter of a criminal case is determined by the law enforced at the time of the –
a. discovery of the crime c. institution of the case
b. commission of the crime d. trial of the case

2. The members of the barangay lupon are appointed by the –

a. barangay captain c. punong Barangay
b. barangay chairman d. mayor

3. The “In Flagrante Delicto doctrine” applies only if the arrest is by virtue of a –
a. john doe warrant c. alias warrant
b. bench warrant d. warrantless arrest

4. One requisites for the discharge of an accused to be a State witness is that he must appear –
a. Not to be the guiltiest c. To be the most guilty
b. To be the least guilty d. None of these

5. Under the rule on summary procedure, if the judge fins that the case needs further proceedings, he shall issue
an order for the accused to submit –
a. affidavit of witnesses c. supporting documents
b. counter-affidavit d. list of witnesses

6. The mode of settling disputes in the barangay lupon where the dispute is referred to a third person for
adjudication.
a. confrontation c. conciliation
b. mediation d. arbitration

7. The effect of the order of discharge of an accused to be a state witness

a. acquittal of the said accused c. suspension of the proceedings
b. dismissal of the case d. acquittal of all the accused

8. In the Rules of Court, Rule 110 is known s the prosecution of –

a. criminal case c. offense
b. criminal offender d. cases

9. What will happen to the arraignment if a prejudicial question exist in a criminal case?
a. waived c. commemced
b. suspended d. terminated

10. The court can motuproprio quash the information or complaint even if no motoin is filed by the accused.
a. yes c. it depends
b. maybe d. no

11. If the prosecution rests its case, the accused may file his demurrer to evidence with leave of court within how
many days from notice?
a. 5 c. 15
b. 10 d. 20

12. Which of the following rights of an accused cannot be waived by him?

a. Arraignment c. Right to appeal
b. To be present in all stages of the trial d. Right to bail

13. This public officer who is not authorized to conduct preliminary investigation in a criminal case–
a. chief state prosecutor c. ombudsman
b. MTC Judge d. special provincial prosecutor

14. An offender who is still undergoing preliminary investigation is referred to as

a. suspect c. respondent
b. defendant d. accused

15. If the accused dies before arrangement what will happen to the civil action which is deemed instituted with the
criminal action?
a. dissolved c. terminated
b. dismissed d. absolved

16. The court personnel who transcribes court proceedings in short hand or stenotype is called –
a. Courts stenographer c. Clerk
b. Court recorder d. Court transcriber

17. Which of the following pleadings are not allowed by the accused to file after promulgation of judgment but
before its finality –
a. motion for reconsideration c. motion for Leave to File Demmurrer to
b. motion for new trial Evidence
d. notice of appeal

18. The prosecution of criminal action may be delegated by the –

a.Public prosecutor c. Private prosecutor
b. Judge d. Defense council

19. Mike killed baby Gloria a less than three (3) days old child not knowing that he child is the own daughter. Mike
is liable for –
a. infanticide c. murder
b. homicide d. parricide

20. Procedural law unlike criminal law is mainly originated from –

a.Common Law c. American Law
b. Roman law d. Civil law

21. The validity of a warrant of arrest expires within days from date of issue
a. 5 c. 20
b. 10 d. none of these

22. What law that governs the KatarungangPambarangay Law?

a. RA 9165 C. PD 7160
b. RA 7160 d. PD 968

23. What do you call the part of the record in court that is officially written by the stenographer .
a. transcript of stenographic notes c. stenographic note
b. court record d. transcript of record

24. Which of the following grounds for a motion to quash is a bar for the prosecution of the accused for the same
offense?
a. no cause of action c. prescription
b. lack of jurisdiction d. none of the above

25. The exact or precise time of the commission of the crime need not be specifically alleged in the complaint or
information except if ti is essential element of the crime. An example of which is–
a. parricide c. infanticide
b. homicide d. rape

26. A crime punishable under the Revised Penal Code that cannot be prosecuted unless upon the complaint of
the offended party –
a. adultery c. sexual abuse
b. seduction d. rape

27. The court need not issue a warrant of arrest if –

a. accused is under custody c. penalty is fine only
b. any of these d. case is covered by the summary rule

28. If the offender is lawfully arrested without a warrant, the criminal action may be filed even without first
conducting a preliminary investigation provided and is conducted.
a. tactical interrogation c. criminal investigation
b. custodial investigation d. inquest

29. If the offender is lawfully arrested without a warrant, the criminal action maybe filed even without conducting a
preliminary investigation provided an is conducted.
a. surprise c. suppression
b. alteration d. inquest

30. If the accused files a motion for the production and inspection material evidence in the possession of the
prosecution or any investigating officer its purpose is to prevent –
a. surprised c. suppression
b. alteration d. All of these

31. If the court denies the demurrer to evidence without leave of court, the effect is that het accused can –
a. move for reconsideration c. waives the right to present evidence
b. still present its evidence d. appeal the order of dial

32. In case there is error of law or irregularities committed during the trial of a case which affect the substantial
right of the accused resulting to his conviction, his remedy is –
a. New trial c. reconsideration
b. Certiorari d. appeal
33. The offended party can reserve the right to file a separate civil action for the recovery of the civil ability arising
from the delict, except in this case –
a. Viol. of B.P. Blg. 22 c. Viol. of city or municipal ordinance.
b. Viol. traffic laws and rules d. Viol. of rental law

34. The mode of method of settling disputes in the barangay lupon where the dispute is referred to a third person
for adjudication –
a. mediation c. confrontation
b. conciliation d. arbitration

35. In what aspect of the judgment in a case may any of the parties take an appeal even if the accused was
acquitted of the offense charged?
a. criminal
b. civil
c. accessory
d. any of these

36. The effect of provisional dismissal with the express consent of the accused is –
a. case is terminated
b. accused is acquitted
c. case may be revived
d. case isdropped

37. The party who can avail of the provisional remedy in criminal cases is the –
a. Offended party
b. Accused
c. Defense
d. Prosecution

38. Foreign diplomatic officials except consults are immune from –

a. arrest
b. arrest and prosecution
c. deportation
d. trial

39.Can a criminal case proceeding be held even if the accused is not arraigned?”
a. yes
b. sometimes
c. depends
d. no

40. Practice court as one of the subject in Criminology, is designed to acquaint students as witnesses in –
a. school activities
b. court proceedings
c. law enforcement
d. society

41. During court proceedings, what questions usually makes the witness to answer yes or no answer which is in
relation to the case during trial?
a. Direct
b. Indirect
c. Leading
d. Misleading

42. In the Rules of Court, Rule 110 is known as persecution of –

a. case
b. offense
c. criminal cases
d. criminal offender

43. A complaint should be filed by the complainant in order for the prosecutor to conduct preliminary
investigation?
a. no
b. sometimes
c. yes
d. depends

44. Confession through the administration of “Truth and Serum” is not admissible evidence because it is –
a. Involuntary
b. Unacceptable
c. Impractical
d. impartial
45. In which law, the right and obligation of parents and child enunciated?
a. RPC
b. Family Code
c. RA 7160
d. PD 603

46. A presumption which prove the existence or non-existence of the fact in issue –
a. material
b. relevant
c. direct
d. indirect

47. Balson killed baby Jane a less than three (3) days old child, not knowing that she is her own daughter, Balson
is liable for –
a. murder
b. Infanticide
c. homicide
d. parricide

48. Validity or life span of warrant of arrest is within days from the receipt –
a. 10
b. 15
c. 20
d. none of these

49. Violation of RA 4200 is as evidence in court.

a. admissible
b. not admissible
c.can be presented
d. none of these

50. When the primary evidence cannot be obtained evidence may be presented –
a. object
b. prima facie
c. secondary
d. primary

51. An extra-judicial confession made by an accused shall not be sufficient unless it is –

a. Corroborated by evidence of corpus delicti
b. Supported by testimonial evidence
c. Voluntary given
d. Presence of a council

52. After an information is filed with MTC, ball is a matter of right and may be posted –
a. before conviction
b. before arraignment
c. after conviction
d. any of these

53. What is the significance of evidence presented before the court

a. reliability
b. relevancy
c. conformity
d. accurateness

54. Evidence obtained by means of duress is in admissible in court because it is –

a. Incompetent
b. Irrelevant
c. Involuntary given
d. Any of these

55. An issue forged by the specific material allegations of claims or denials in the pleadings of the parties and are
determined by substantive law is called –
a. material
b. legal
c. factual
d. relevant

56. Because of the absence of the accused due to high fever resulting from “bird’s flu”, the arraignment
proceeded in the presence of counsel and wife of the accused, is it legally proper?
a. it depends in the crime
b. yes
c. no, the proceeding is voidable
d. no, the proceeding is invalid

57. The best Evidence Rule is aptly within the threshold of this kind of evidence-
a. object evidence
b. testimonial evidence
c. documentary evidence
d. oral evidence

58. The parole evidence rule applies only to –

a. documents
b. written agreements
c. objects
d. testimonial

59. The direct acknowledgment of guilt of a person in regards to a particular case is called –
a. judicial admission
b. extra- judicial confession
c. judicial confession
d. confession

60. A motion to strikeout answer or testimony of a witness is proper in the following instances except –
a. witness answers prematurely
b. the answer is merely yes or no
c. the answer given is unresponsive
d. the ground of objection was not apparent when the question was asked.

61. The modes of or ways of excluding inadmissible evidence are:

a. I & II
b. II & III
c. III & IV
d. I & V

62. The exception of the Hearsay Rule is –

a. oral testimony
b. dying declaration
c. parole evidence
d. ante mortem

63. The party who has the burden of providing the quantum of evidence in its allegation or denials in their
pleadings is the –
a. accused
b. defense
c. prosecution
d. each party

64. These axiom of admissibility of evidence must concur exception this one –
a. material to the fact
b. irrelevant to the issue
c. competent
d. immaterial to the issue

65. Any evidence obtained in violation of the constitutional mandate that “no custodial investigation shall be
conducted unless it be in the presence of counsel engaged by the person arrested, or by any person in his behalf,
or appointed by the court upon petition either by the said person or by anyone in his behalf”, is inadmissible
because it is
a. unacceptable
b. incompetent
c. voidable
d. irrelevant

66. The following criminal actions do not requires the payment of filling fees except –
a. violation of traffic laws
b. violation of ordinance
c. violation of B.P. Blg. 22
d. theft

67. The issuance of a warrant of arrest is not required/necessary in the following instances except:
a. if warrant of arrest has been already issued
b. if the offense carries with it the penalty of imprisonment
c. if the offense is penalized by a fine onle
d. if the person to be arrested is already under custody

68. Which of these criminal actions if instituted, the civil action is not deemed instituted with the criminal action –
a. negligence
b. private crimes
c. violation of B.P. Bldg. 22
d. malicious mischief

69. An act of omission punished by special law is referred to as –

a. Offense
b. Felony
c. Crime
d. Infraction of law

70. Violation of special laws are generally referred to as –

a. mala in se
b. mala prohibita
c. culpa
d. dolo

71. If a person purchased a firearm without any intention to use it to harm anybody butt purely for his own
protection, animus possidendi (intent to possess) is absent –
a. true
b. absolutely false
c. depends
d. partly false

72. As regard to drug-enforcement operations, the lead agency shall be the

a. NBI
b. PNP ANTI DRUG UNUT
c. SWAT TEAM
d. PDEA

73. As a general rule, mitigating or aggravating circumstances attending the commission of the crime are not
taken into account in imposing the penalty for violation of special laws.
a. Correct
b. Incorrect
c. Maybe
d. Depends

74. In violation of special law, the act constituting the crime is a prohibited act. Therefore, culpa is not a basis of
liability, unless the special law punishment an omission.
a. maybe
b. false
c. true
d. depends

75. Ordinarily, crimes punishable under special laws can be committed only when it is consummated.
a. True
b. False
c. Maybe
d. Depends

76. The jurisdiction of courts are determined by

a. Congress
b. Supreme court
c. Judicial and Bar council
d. Court administrator

77. Which of the following constitute antecedent collateral evidence of a bank robbery that several accused
committed?
a. act of the lookout during the robbery
b. the kinship among them
c. the amount missing from the bank vault
d. none of the above

78. Real or object evidence is authenticated by showing

a. who owns it
b. that it is what it is claimed tobe
c. how the evidence got to the court
d. similar object
79. A couple named their son Mario Lopez. But a confused clerk at the hospital registered his name as Maria
Lopez and his gender as female. The city registrar has authority to
a. correct his name and gender
b. correct his name but not his gender
c. correct his gender but not his name
d. indorse the case to court

80. A decision states that the defendant is entitled to moral damages but its dispositive portion did not carry an
award of moral damages. The write of execution, however, orders the defendant to pay moral damages of
P5,000. Must the comply?
a. yes
b. no since it is the dispositive portion of the decision that controls
c. yes since the writ of execution affirms it
d. no since the plaintiff needed to pay docket fee on the 5,000 pesos.

81. A criminal action must be filed in the place where

a. The offense took place
b. The accused was apprehended and detained
c. The offended party resides
d. The preliminary investigation took place

82. The police nabbed two robbery suspects whom they convinced during the investigation to go with them to the
scene of the crime to reenact how they committed it is the reenactment admissible in evidence?
a. No since it amounts to waiver of right to silence without the advice of counsel
b. Yes since the reenactment was voluntary
c. No since it is irrelevant evidence
d. Yes since the reenactment was unaccompanied by any statement from the suspect

83. To prove the Susan stabled her husband Sergio, Pete testified that he heard Rico running down the street,
shouting excitedly, “Sinaksakdawni Susan angasawaniya”, Rico’s declaration is –
a. admissible as part of res gestae
b. inadmissible as hearsay
c. admissible as independently relevant statement
d. admissible as a mere opinion

84. The law that will determine jurisdiction over a particular case is the law in force at the time
a. the cause of action occurred
b. the action is filed
c.the issues in action are joined
d. the defendant receives the complaint

85. The right to be presumed innocent is NOT violated by a law that establishes a presumption of guilt based on a
certain fact proved provided that
a.the accuse has a chance to overcome it
b. the nature of the crime permits it
c. what is proved and presumed are reasonably connected
d. the law is not retroactive

86. Chose which of the following is correct

a. documentary evidence is that which is directly to the senses of the court.
b. documentary evidence is offered when a document is presented to prove the existence
c. where the purpose is to prove a collateral fact
d. documentary evidence applies only when the contents of such document is the subject of inquiry

87. After a dying declaration is proved and admitted, its credibility and weight is determined by:
a. The courts
b. The evidences presented and admitted
c. The supreme court
d. The witnesses

88. Sonia found her husband Tony lying on their bed in a pool of blood. Tony said that their house gardener came
to the bedroom and stabbed him many times. He told Sonia to avenge his death should be die. Tony survived.
a. ante mortem
b. a dying declaration
c. confession
d. hearsay evidence

89. Declaration against interest may be received in evidence against

a. the declarant only
b. the declarant and his successors in interest
c. the person who is subject of the declaration
d. the witness
90. The following are the requisites of a declaration against interest, except:
a. declaration is made by a person deceased or unable to testify
b. the declarant was unaware of its contrary effect to him
c. the declaration is against the interest of the declarant
d. the declaration has no motive to falsify his declaration

91. The following are requisites for admissibility of a dying declaration except:
a. the death is imminent and declarant is aware of such fact
b. the declaration refers to the cause and surrounding’s circumstances of the death
c. the declaration relates to fact which the victim is competent to testify
d. the intervening time from the making of the declaration up to the actual death

92. The dying declaration can be:

a. Verbal, written or made into signs
b. Verbal only
c. Written and verbal
d. Verbal or made into sign

93. Tony’s wife is presented by the defendant to testify on Tony’s declaration. The persecution objected on the
ground that this violates the martial privilege and she cannot be a witness for the defense for this would be a
declaration against interest. Is the argument tenable?
a. yes it violates the marital privilege
b. no, the wife’s testimony is material to the defendants theory of the case
c. no, the wife of the declarant may testify the dying declaration either for prosecution or as a witness for
the defense and this do not violate the marital privilege.
d. none of the above

94. Admission against interest is distinguished from a dying declaration by the:

a. availability of the witness other than the declarant
d. availability of the declarant as witness
c. availability of the defendant
d. availability of the prosecutor

95. The act or declaration of a person deceased, or unable to testify, in respect to the pedigree of another person
related to him by birth or marriage, may be received in evidence when:
a. if occurred before the controversy and the declarant is dead
b. it occurred after the controversy
c. When it occurred before the controversy and the relationship between the two persons is shown by
evidence other than such act or declaration.
d. none of the above

96. The reputation or tradition existing in a family previous to the controversy, in respect to the pedigree of any
one of its members, may be received in evidence if:
a. the witness testifying thereon be also a member of the family by consanguinity
b. the witness testifying thereon is not a member of the family
c. the witness testifying thereon be also a member of the family, either by consanguinity or affinity
d. none of the above

97. Common reputation which means general reputation may be admitted as evidence to prove.
a. facts of public interest, marriage and moral character.
b. Legal standing, filiations’ and good moral character
c. public interest, religious belief and political affiliation
d. none of the above

98. Common reputation may be established either by the following

a. Certificate of good moral character, NBI Clearance, PNP Clearance
b. Testimonial evidence, monuments and inscription, and statements of reputation
c. Documentary evidence, deposition, last will testament
d. Employment certificates

99. Resgestae refer to statement made by a person which refers to

a. statement is connection with a startling occurrence
b. statement given by a victim after homicidal attack
c. statement given under an awareness of an impending death
d. Statements accompanying an unequivocal act

100. For verbal acts to be admissible, it is required that it must be.

a. Supported by secondary evidence
b. Give legal significance to an equivocal act
c. Heard by a third person
d. Capable of convicting a person
101. Whenever possible, a complainant or information, should state the designation given to the offense by the
statute, besides the statement of the acts or omissions constituting the same, and if there is no such designation,
reference should be made to the section or subsection of the statute offense in the information or complaint is:
a. To accord the constitutional guaranty that no person shall be deprived of life, liberty, or property
without due process of law.
b. To accord a speedy trial of the case.
c. To accord the accused of a good criminal trial lawyer
d. To limit the criminal prosecution to one offense.

102. One purpose of the requirement under Section, Rule 110, that is, “The acts or omissions complained of as
constituting the offense must be stated in ordinary and concise language without repetition, not necessarily in the
terms of the statute and defining the offense, but in such form as is sufficient to enable a person of common
understanding to know what offense is intended to be charged, and enable the court to pronounce proper
judgment.”
a. To accord a speedy trial of the case.
b. Constitutional guarantees that in all criminal prosecutions the accused shall be entitled to be informed
of the nature and cause of accusation.
c. To enable the court to weigh the sufficiency of the evidence presented.
d. To accord the accused a good criminal trial lawyer.

103. Section 10, Rule 110, itself pointed out the exception to the rule that the
information need not specify the exact place of the commission of the offense. The
exception is:
a. When the particular place wherein the offense was committed.
b. When it involves the continuing offense.
c. When it involves a complex crime.
d. All of the foregoing

104. It is not necessary to state in the complaint or information the precise time at which the offense was
committed. However, in one of the following crimes time of the commission is an essential element, and
therefore, must be alleged in the complaint or information.
a. Infanticide c. Malicious Mischief
b. Abortion d. Piracy

105. A complaint or information must state the name or surname of the persons against whom or against whose
property the offense was committed, or any appellation or nickname by which such person has been or is known,
and if there is no better way of identifying him, he must be described under what name?
a. His physical description c. His family or surname alone
b. Fictitious name d. All of the foregoing

106. A complaint or information must charge but one offense, except only in those cases in which existing laws
prescribe a single punishment for various offense. Of the following crimes, one is the exemption.
a. Complex crime c. Piracy
b. Continuing crime d. Impossible crime

107. Where an offense is committed on a railroad train, in an aircraft, or in an other public or private vehicle
while in the course of its trip, the criminal action may be instituted and triedin the court of:
a. The Municipality where such train, aircraft or other vehicle passed during such trip.
b. The Municipality where such train, aircraft or other vehicle has departed during such trip.
c. The Municipality where such train, aircraft or other vehicle has arrived during such trip.
d. All of the foregoing

108. When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense
charged is impliedly instituted with the criminal action, unless the offended party:
a. Expressly waives the criminal action. c. all of the foregoing
b. Or reserves his right to institute it separately d. None of them

109. After the criminal action has been commenced, the civil action cannot be instituted until:
a. The offended party has put up a bond.
b. Final judgment has been rendered in the criminal action.
c. The offender dies.
d. All of the foregoing

110. The general rule is that every person criminally liable for a felony is also civilly liable. There are, however,
certain crimes, which do not give, rise to civil liability. Among these rules are:
a. Crimes of espionage d. Crimes against popular representation
b. Flight to enemy country e. All of the foregoing
c. Violation of neutrality

111. Extinction of the penal action does not carry with extinction of the civil action, unless:
 a. The extinction proceeds from a declaration in a final judgment that the fact from which the
civil might arise did not exist.
b. The extinction did not proceed from a declaration in a final judgment that the fact from which the civil
might arise did not exist.
c. The extinction proceeds from a declaration in a final judgment that the fact from which the civil might
arise did exist.
d. None of the above

112. It is a question of fact or issue in a pending civil case similar or intimately connected to the issue raised in a
pending criminal action whereby the resolution of the civil action is determinative of the guilt or innocence of
the accused in a criminal case.
a. Prejudicial question c. Civil question
b. Political question d. All of the foregoing

113. It is defined as an inquiry or proceeding for the purpose of determining whether there is sufficient ground to
engender a well founded belief that a crime cognizable by the Regional Trial Court has been committed and that
the respondent is probably guilty thereof, and should be held for trial.
a. Preliminary investigation c. Interrogation
b. Criminal investigation d. Criminal prosecution

114. For what offense where a preliminary investigation is required to be conducted?

a. When a person is lawfully arrested without a warrant.
b. For an offense where the penalty prescribed by law is at least four (4) years, two (2) months
and one (1) day without regard to fine.
c. For any offense when an inquest prosecutor is available.
d. All of the above

115. In what instance when a prosecutor without need of a preliminary investigation may file a complaint or
information provided an inquest has been conducted in accordance with existing rules?
a. When a person is lawfully arrested without a warrant involving an offense, which requires a
preliminary investigation.
b. For an offense where the penalty prescribed by law is at least four (4) years, two (2) months and one
(1) day.
c. For any offense when an inquest prosecutor is absent or not available
d. All of the above

116. The required number of days in which the accused may ask for a preliminary investigation with the same
right to adduce evidence in his favor, if the case has been filed in court without preliminary investigation having
been first conducted.
a. Within five (5) days from the time he learns of the filing of the information.
b. Within ten (10) days from the time he learns of the filing of the information.
c. Within fifteen (15) days from the time he learns of the filing of the information.
d. Within thirty (30) days from the time he learns of the filing of the information.

117. Any lawyer or member of the bar, shall, at the request of the person arrested or of another acting in his
behalf, have the right to visit and confer privately with such person, in jail or any other place of custody at:
a. Any hour of the day or, in urgent cases of the night
b. Any hour of the working day only
c. Any hour of Saturdays and Sundays
d. Any hour of designated visiting day only

118. May be defined as the security given for the release of a person in custody of the law, furnished by him or a
bondsman, conditioned upon his appearance before any court as required under the conditions specified by law.
a. Pardon c. Probation
b. Bail d. Parole

119. Bail is the security given to for the release of a person in custody of the law, furnished by him or a
bondsman to guarantee his appearance before any court as required under the conditions hereinafter
specified. In effect, what would be the nature or form of the bail?
a. Corporate surety c. Cash deposit, or recognizance
b. Property bond d. All of the above
120. It is obligation of record, entered into the record of the court or magistrate a person in the community of
good reputation to do some particular act, the most usual condition in criminal cases being the appearance of
the accused for trial.
a. Recognizance c. Pardon
b. Bail Bond d. Probation

121. Is the method fixed by law for the apprehension and prosecution of a person who is accused of a crime and
for his punishment, whenever convicted?
a. Civil Procedure c. Rules of Court
b. Criminal Procedure d. All of the above
122. The independent civil action may proceed separately and independently with the criminal action, which the
criminal action is based on the same act or omission of the defendant. Said civil actions are those provided in the
Civil Code:
a. Articles 32, 33, 34 c. All of the foregoing
b. Articles 2176 d. None of the foregoing

123. “A” married to “B”. During the existence of his marriage, A (husband) married “C”. B (1 st wife) filed a bigamy
case against “A”. Whereupon A filed a case for annulment of his marriage with C on the ground that he was
forced and intimidated by C to marry her. Here there exists in the civil action a question of:
a. Criminal question c. Prejudicial question
b. Civil question d. All of the above

124. In what instances is a warrant of arrest not necessary?

a. If the accused is already under detention.
b. If the complaint or information was filed after the accused was lawfully arrested without warrant.
c. If the offense is punishable by fine.
d. All of the above

125. Any amendment before plea, which downgrades the nature of the offense or excludes any accused from
the complaint or information can be made only on condition that:
a. There must be a motion filed by the prosecutor.
b. There must be notice of the motion upon the offended party.
c. The amendment must be by leave of court
d. All of the above

126. The ______ shall be in writing, in the name of the People of the Philippines against all person who appear to
be responsible for the offense involved, subscribed by the prosecutor and filed in court.
a. Complaint c. Civil Action
b. Information d. Criminal Action

127. _____ is a written statement charging a person with an offense, subscribed b the offended party, any peace
officer, or other public office charged with the enforcement of the law violated.
a. Information c. Criminal case
b. Complaint d. Civil case

128. It is the authority of the court to hear, try and decide a case.
a. Venue c. All of the above
b. Jurisdiction d. None of the above

129. It is the municipality or province wherein the offense was committed or one of its essential elements took
place. It is the place of trial, in a criminal case.
a. Jurisdiction c. None of the above
b. Venue d. All of the above

130. The venue in a criminal case may be changed by _____ to avoid a miscarriage f justice.
a. Agreement of parties’ c. Court of Appeals
b. Regional Trial Court d. Supreme Court

131. As an exception to the rule that the filing of the criminal action carries with it the filing of the civil action for
the recovery of civil liability.
a. Offended party waives the civil action
b. Reserves the right to file it separately
c. Institutes the civil action prior to the criminal action
d. All of the above
132. A final judgment rendered in a civil action absolving the defendant is no bar to a _____ action.
a. Civil action c. Special action
b. Criminal action d. All of the above

133. When a person is lawfully arrested without warrant of arrest involving an offense, which requires a
preliminary investigation, the complaint or information may be filed without need of such investigation, provided an
_____ has been conducted in accordance with existing law.
a. Preliminary Investigation c. Fact Finding Investigation
b. Preliminary Examination d. Inquest

134. A peace officer or a private person may, without a warrant, arrest a person;
a. When, in his presence, the person to be arrested is actually committing an offense.
b. Attempting to commit an offense
c. An offense has in fact just been committed and he has probable cause to believe based on personal
knowledge of fact and circumstance that the person to be arrested has committed it.
d. When the person to be arrested is a prisoner who escaped from his place of confinement.
e. All of the above
135. Bail is a matter of right:
a. Before or after conviction by the lower court.
b. Before conviction by the Regional Trial Court of an offense not punishable by death, reclusion
perpetua, life imprisonment.
c. All of the above
d. None of the above

136. This one right of the accused is founded on the principle of justice and is intended not to protect the guilty but
to prevent as far as human agencies can, the conviction of an innocent person.
a. The presumption of innocence
b. Right to be present and to defend himself at the trial
c. The right to be informed of the nature and cause of accusation
d. All of them

137. It requires that the charges against a person should be stated in such a way as to enable him to know the
meaning and nature of the accusation against him.
a. Right to be present and to defend himself at the trial
b. Right to be informed of the nature and cause of accusation
c. The right to testify as witness in his own behalf
d. The right against self-incrimination
e. All of the foregoing

138. A denial of his right when requested by the defendant himself or his counsel constitutes an error prejudicial
to the substantive right of the accused.
a. Right to be informed of the nature and cause of the accusation
b. The right to testify as a witness in his own behalf
c. The right against self-incrimination
d. Right to be exempt from being compelled to be a witness against himself

139. One of the Constitutional rights, which may be defined as one that can be had as soon after indictment as
the prosecution can with reasonable diligent prepare for it, and is conducted according to fixed rules and
proceedings of law, free from vexations, capricious and oppressive delays.
a. Right to testify as a witness in his own behalf
b. Right to speedy trial
c. Right to have compulsory process issued to secure the Attendance of witnesses and production of
other evidence in his behalf
d. Right of appeal in all causes allowed and in the manner prescribed by law.

140. A requirement, which is considered as one of the safeguards, set down by law to secure and protect the right
of the defendant. It is made before the court where the complaint or information has been filed or assigned for
trial.
a. Trial c. Prosecution
b. Arraignment d. Judgment

141. The requirement of the rules on arraignment is mandatory and failure to observe them is ground for...
a. Dismissal of the case
b. Reversal of the judgment and the remanding of the case for new trial
c. Appeal of the case
d. All of them

142. If the accused refuses to plead, or make conditional plea of guilty, __________________ shall be entered for
him. The blank space is.
a. A plea of guilty shall be entered for him
b. A plea of not guilty shall be entered for him
c. A combination of the first two
d. None of them

143. An instance when the accused may be allowed by trial court to plead guilty to a lesser offense, provided it is
with the consent of:
a. When he turns himself as a state witness
b. Only with the consent of the offended party and the trial prosecutor
c. Only when he has less perversity in the commission of the crime charged
d. All of the above

144. In localities where no such members of the bar are available during the arraignment, who shall be appointed
by the court as Counsel de Officio of the accused?
a. The local Chief of Police
b. The Vice Mayor of the locality
c. Any person, resident of the province and of good repute for probity and ability, to defend the
accused
d. All of the above
145. When shall arraignment be held?
a. Within 30 days from the date the court acquires jurisdiction over the person of the accused,
unless a shorter period is provided by special law or Supreme Court Circular
b. Not later than 30 days from the date court acquires jurisdiction over the person of the accused,
unless a shorter period is provided by special law or Supreme Court Circular
c. 30 days after the date the court acquires jurisdiction over the person of the accused, unless provided
by special law or Supreme Court Circular
d. All of the above

146. Where the offense charged does not include the offense proved, it matters not how conclusive and
convincing the evidence or guilt may be, an accused person cannot be convicted in any court of any offense
unless...
a. The accused is charged of a complex crimes
b. It is charged in the information on which he is tried or necessarily included therein
c. The accused is recidivist
d. All of them

147. Something for the accused to move, for him to enable to properly plead and prepare for trial. This motion
shall specify the alleged effects of the complaint or information and the details desired.
a. Demurer of Evidence c. Dismissal of the case
b. Bill of particulars d. Motion for a preliminary investigation

148. Of the following, one is the duty of the court when the accused pleads guilty to a capital offense.
a. The court shall conduct a searching inquiry into the voluntariness and full comprehension of
the consequences of his plea and require the prosecution to prove his guilt and the precise
degree of culpability and also allow the accused to present his defense, if any.
b. To order the investigating officer to conduct air tight investigation of the case
c. To redirect the fiscal to personally investigate the case
d. To sentence the accused in accordance with his plea of guilty to the capital offense charged with a note
address to the Supreme Court that the case should be reviewed.

149. The right to counsel is a personal one and therefore may be waived. It is waived when the defendant....
a. Voluntarily submits himself to the jurisdiction of the court and proceeds with the defense
b. Refuses to voluntarily submits himself to the jurisdiction of the court
c. Refuses to hire his counsel
d. All of them

150. Time granted to counsel de officio to consult with the accused as to his plea before proceeding with the
arraignment
a. At least one-hour c. One day
b. Two hours d. Given a reasonable time to consult with the
accused as to his plea
151. After a plea of not guilty, the accused is entitled to such number of days to prepare fortrial unless the court
for good cause grants him further time.
a. Fifteen days c. One day
b. Four days d. Three days

152. If the accused appears to be suffering from an unsound mental condition, which effectively renders him
unable to fully understand the charge against him and to plead intelligently...
a. The arraignment shall be suspended
b. The criminal charged shall be dismissed
c. The trial shall be suspended
d. All of them

153. At what time may the accused move to quash the complaint or information?
a. At any time before his arrest c. At any time before entering his plea
b. Only after entering his plea d. All of them

154. In the case above mentioned, if the defendant does not move to quash the complaint or information at the
appropriate time, he shall be deemed to have waived all objections which are grounds for a motion to quash. The
only exceptions to this rule are...
a. When the information fails to charge an offense
b. When the court is without jurisdiction over the offenses charged
c. That the criminal action or liability has been extinguished
d. The accused had been previously convicted or acquitted of the offense charged
e. All of the foregoing

155. It means that a person is charged with an offense and the case is terminated either by acquittal or conviction,
or in any other manner without the consent of the accused, the latter cannot be charged with the same identical
offense.
a. Ex post facto law c. Complex crimes
 b. Double jeopardy d. Indeterminate Sentence Law

156. The failure of the accused to assert any ground of a motion to quash before he pleads to the complaint or
information, either because he did not file a motion to quash or failed to allege the same in said motion, shall be
deemed a waiver of the grounds of a motion to quash, except...
a. The grounds of no offense charged d. Double jeopardy
b. Lack of jurisdiction e. All of the foregoing
c. Extinction of the offense or penalty

157. A warrant which describes the persons to be arrested as mere “John Doe” or “Richard Doe” is void, unless
there is such things as will justify to act under it.
a. Descriptio personae c. Personal identification
b. Physical appearance d. By substitution of the person to be arrested

158. Has no authority to issue a warrant of arrest, and is powerless to validate an illegal detention by merely filing
information or by any other order of his own, either express or implied..
a. Judges of Municipal Trial Courts c. Judges of Municipal Trial Circuit Courts
b. Fiscal/Prosecutor d. Judges of Regional Trial Courts

159. An officer making an arrest has no right to confiscate any object found in the possession of the party
arrested unless…
a. The object found in his possession was used in the commission of the crime
b. Was the fruit of the crime
c. Which might furnish the person arrested with the means of committing violence or escaping
d. All of the foregoing

160. The required number of days where in the head of the office to whom the warrant of arrest has been
delivered for execution shall cause the warrant to be executed.
a. Within five days from the receipt thereof
b. Within ten days from receipt thereof
c. Within fifteen days from receipt thereof
d. Within twenty days from receipt thereof

161. A peace officer by virtue of a warrant of arrest may execute it and make an arrest on….
a. Day time only, from 8am to 5pm
b. Any day and at any time of the day or night
c. Any day and any time of the day
d. Any working day only and at any time

161. The power of a private person to arrest without warrant must be exercised, or else it would be an excusefor
violation of the individual liberties guaranteed in the Constitution.
a. Civic mindedness c. Agent of person in authority
b. Utmost good faith d. All of the foregoing

162. to aid him in making the arrest. In effect, such a private person becomes A peace officer, in making lawful
arrest, may orally summon a private person ….
a. An agent of a person in authority c. De jure peace officer
b. A civic-minded citizen d. A member of Barangay Tanod

163. Any lawyer or member of the bar, shall, at the request of the person arrested or of another acting in his
behalf, have the right to visit and confer privately with such person, in jail or any other place of custody at….
a. Any hour of the day or, in urgent cases, of the night
b. Any hour of the working day only
c. Any hour of Saturdays and Sundays
d. Any hour of the designated visiting day only

164. May be defined as the security given for the release of a person in custody of the law, furnished by him or a
bondsman, conditioned upon his appearance before any court as required under the conditions specified by law.
a. Pardon c. Probation
b. Bail d. Parole

165. Bail is the security given to for the release of a person in custody of the law, furnished by him or a
bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified.
In effect, what would be the nature or form of the bail?
a. Corporate surety c. Cash deposit, or recognizance
b. Property bond d. All of the above

166. When may a person in custody be admitted to bail as a matter or right?

a. Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court
in Cities, or Municipal Circuit Trial Court
 b. Before conviction by the RTC of an offense not punishable by death, reclusion perpetua, or life
imprisonment
c. All of the above
d. Letter “A” only

167. 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 c. Pardon
b. Bail bond d. Probation

168. All person in custody shall be entitled to bail as a matter of right, except those charged with a capital offense
when the evidence of guilt, thereof is strong. In these cases, since bail is a matter of right, the granting of the
same is…
a. Discretionary on the part of the court c. Ministerial in nature
b. Mandatory d. All of the foregoing

170. It being discretionary, the application for a bail will be filed and acted upon by what court despite the filing of
a notice of appeal, provided it has not transmitted the original record to the appellate court?
a. Appellate Court b. Trial court c. Supreme Court d. all of them

171. If the decision of the Trial Court convicting the accused changed the nature of the offense from non-bailable,
what court can the bail be applied with, and who shall resolve it?
a. Appellate Court c. Supreme Court
b. Trial Court d. All of them

172. Under Section 12 of the Rules of Summary Procedure, no bail shall be required in cases of violations of
traffic laws, rules and regulations: violations of rental law; violations of Municipal or City Ordinance, etc…except
when a warrant of arrest is issued in accordance with Section 10, or where the accused…
a. Is a recidivist
b. Is fugitive from justice
c. Is charged with physical injuries
d. Does not reside in the place where the violation of the law or ordinance was committed, or has no
known residence
e. All of the foregoing

173. May be defined as undertaking constituted as a lien on the real property given as security for the amount of
the bail….
a. Recognizance c. Property bond
b. Collateral property d. All of them

174. An instance when the accused held to answer a criminal charge but who is released without bail on the filing
of complaint or information, may, at any subsequent stage of the proceedings, be required to give bail in the
amount fixed, or in lieu thereof may be committed to the custody.
a. Whenever it appears to the court that evidence of guilt is strong
b. He commits the same or another offense charge
c. He committed a capital offense
d. All of them

175. Upon application filed with the court and after due notice to the fiscal, the bail bond may be cancelled upon
surrender of the accused or proof of his death. On the other hand, the bail bond shall be deemed automatically
cancelled upon…
a. Acquittal of the accused
b. Dismissal of the accused
c. Execution of the final judgment of conviction
d. All of the foregoing

176. One exception to the rule that, no bail shall be allowed after judgment has become final; that he may be
allowed temporary liberty under his bail bond.
a. In case the accused has applied for probation
b. In case he is pardon by the President
c. When amnesty is granted by the President
d. All of the foregoing

177. Under the rules, the defendant is entitled to be present and defend in person by an Attorney at every stage
of the proceedings. That is, from the arraignment to the promulgation of the judgment. This referred to the
Philippine Constitution as…
a. The right to be heard by himself and counsel
b. The right to be informed of the nature and cause of the accusation
c. The right to testify as witness in his own behalf
d. The right against self-incrimination
e. All of them
178. The general rule is that a case shall not be provisionally dismissed. However, one of the following is an
exception to the general rule, and that is....
a. When the accused dies before the final judgment of the case
b. When the accused is expressly pardoned by the offended party
c. With the express consent of the accused and with notice to the offended party
d. All of the above

179. The legal effect if there is a provisional dismissal of offenses punishable by imprisonment not exceeding 6
years or a fine of any amount, or both..
a. Without the consent of the offender, the provisional dismissal of such offense will be void ab initio
b. Such dismissal shall be valid, either with or without the express consent of the accused
c. Such dismissal shall become permanent 1 year after issuance of the order without the case
having been revived
d. All of the above

180. In this jurisdiction, only one offense must be charged in an information, except:
a. Complex crime
b. When a single act constitute two or more grave or less felonies
c. When an offense is a necessary means in committing the other felonies
d. All of the above

181. It is the process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory
disposition on the case subject to court approval.
a. Pre-trial c. Preliminary investigation
b. Plea bargaining d. Arraignment

182. It is a conference conducted by the court where the accused and counsel agree on the matter of plea-
bargaining, stipulation of facts, marking of evidence, waiver of objections to admissibility of evidence, such other
matters as will promote a fair and expeditious trial.
a. Arraignment c. Preliminary investigation
b. Pre-trial d. Trial

183. It is defined as the examination before a competent tribunal/court, according to the laws of the land, of the
facts in issue in a cause, for the purpose of determining such issue.
a. Trial c. Arraignment
b. Pre-trial d. All of the above

184. When the court is satisfied, upon proof of oath, that a material witness will not testify when required, it may
upon the motion of either party orderthe witness to:
a. To be discharged
b. To be included in the information
c. To post bail in such sum as ordered by the court
d. All of the above

185. The prosecution is required to present evidence and the sworn statement of each proposed state witness at
the hearing in support of the discharge. Thus, the motion to discharge the accused to be state witness must be
filed:
a. Before the prosecution rests c. Before arraignment
b. Before the presentation of evidence d. None of the above

186. The legal effect if and when all agreements, made during the pre-trial conference, which are reduced in
writing, are not signed by the accused and his counsel.
a. Considered as admission of guilt c. The court shall order for another pre-trial
b. Cannot be used against the accused d. All of the above

187. One instance when the court, maymotupropio, excludes the public from the courtroom.
a. If evidence to be produced during the trial is offensive to decency or morality.
b. If the accused is a woman of good reputation.
c. All of the foregoing
d. None of the above

188. When after the prosecution has rested its case, the accused files a motion to dismiss the case on the ground
of insufficiency of evidence, he waives the right to present evidence. The rule is known as:
a. Summary proceeding c. Demurer to evidence
b. Bill of particular d. All of the above

189. The legal effect if there is provisional dismissal of offenses punishable by imprisonment of more than 6
years.
a. The provisional dismissal shall become permanent 2 years after issuance of the order without
the case having been revived
 b. Such dismissal shall become permanent 1 year after issuance of the order without the case having
been revived
c. Such dismissal shall be valid, either with or without consent of the accused
d. All of the above

190. The number of days the accused has to prepare for trial after a plea of not guilty is entered.
a. Within 30 days c. Within 45 days
b. At least 15 days d. All of the above

191. The time when trial shall commence.

a. Within 30 days from the receipt of the pre-trial order
b. Within 15 days from the receipt of the pre-trial order
c. Within 45 days from the receipt of the pre-trial order
d. All of the above

192. The authority of the court when satisfied, upon proof or oath, that a material witness will not testify when
required, upon motion of either party.
a. May proceed to the trial of the case
b. May order the witness to post bail in such sum as may be deemed proper
c. Shall commit him to prison until he complies or is legally discharged after his testimony has been
taken
d. All of the above

194. One instance when the court, may mote propio, excludes the public from the courtroom.
a. If the evidence to be produced during the trial is of such character as to be offensive to
decency or public morals
b. If the accused is a woman of good reputation
c. If the accused is an Ambassador
d. All of the foregoing.

195. As used in Rule 120, it means the adjudication by the court that the accused is guilty or is not guilty of the
offense charged, and the imposition of the proper penalty and civil liability provided for by law on the accused.
a. Judgment c. Acquittal
b. Interlocutory d. Sentence

196. From the provision of Section 1, Rule 120 it would seem that in a judgment of acquittal, the court has...
a. Authority to impose a reprimand d. Authority to call a conference with
b. No authority to impose a reprimand both prosecutor and defense counsel
c. All of the foregoing

197. In case of acquittal, the judgment shall make a finding on the civil liability of the accused in favor of the
offended party, except when...
a. There is a clear showing that the act from which the civil liability might arise
did not exist
b. There is a prejudicial question
c. The offender is pardon by the offended party
d. The guilty party dies before judgment

198. The indemnity, which a person is sentenced to pay, forms an integral part of the penalty, it being expressly
provided by Article 100of the Revised Penal Code, that every person criminally liable is.
a. Civilly liable c. Presumed to be innocent
b. Not civilly liable d. All of them

199. It is said to exist when the complaint or information sets out an offense but the evidence establishes another
crime.
a. Complex crimes c. Continuing offense
b. Variance d. False accusation

200. In case of variance between information and proof, the accused can only be convicted of the...
a. Graver offense which is included in the other
b. Lesser offense which is included in the other
c. Mitigating circumstances
d. Aggravating circumstances