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Criminal Procedure MCQ Montemayor, Jose Carlo C. Atty.

Christian Kit Villasis

1. Preliminary Investigation may be conducted by the following except: a. b. c. d. Officers that may be authorized by law. MTC/ RTC judges City Prosecutors National Prosecutors and their assistants.

2. A was convicted of rape. During trial, he moved the dismissal of the case because of lack of preliminary investigation. Should this be allowed? a. b. c. d. No, because it is beyond the reglementary period provided by the law. No, lack of PI should be invoked before the arraignment. Yes, it is a constitutional right and should therefore be granted. Yes, in order to meet the ends of justice, PI should always be conducted.

3. Preliminary Investigation should be conducted in cases punishable by imprisonment of atleast a. b. c. d. Prision Mayor Destierro 4 years 4 years and 20 days

4. A was caught by the officer while he was stealing a large cattle at the farm of Z. An inquest proceeding was then conducted and he was then detained, arrested and subsequently convicted. No preliminary investigation was conducted. Should the case prosper? a. Yes, because he was lawfully arrested b. Yes, because stealing large cattle is a punishable by prision mayor in its maximum period to reclusion temporal in its medium period c. No, because he was arrested without a warrant d. No, because PI should always be conducted to determine probable cause. 5. It is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court a. b. c. d. warrant of arrest complaint information probable cause

6. A, an MTC judge ordered a reinvestigation. He chose B to conduct the said reinvestigation. May A do the same? a. b. c. d. Yes, a judge may order a reinvestigation Yes, in case of doubt, a reinvestigation may be made. No, reinvestigation is beyond the power of an MTC judge No, a judge who orders a reinvestigation may not choose the prosecutor who will conduct the reinvestigation.

7. In case of amendment in the information or complaint, it should be allowed if a. there is a formal and substantial amendment and may be done with out leave of court and before plea b. substantial amendment only c. there is a formal and substantial amendment and should be done with leave of court and before plea 8. Arrest is, a. the deprivation of a persons independence who committed a crime b. is done by the prosecutor or judge who found probable cause, that the person arrested may have committed the crime c. taking of a person into custody in order that he may be bound to answer for a crime d. actual restraint of a person so that he may not escape penalty for a crime he committed. 9. A was charged of qualified theft. The judge of Marikina then issued a warrant of arrest since the commission of the crime took place in Marikina. Thereafter, C was seen by the arresting officer in Trinoma, a mall in Quezon City. 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 Quezon City. c. He should deliver the accused to the police station in Marikina d. He should deliver the accused in a police station within 12 hours upon arrest. 10. Stop and frisk is also known as, a. b. c. d. Terry Search Miranda rights Harvey Search Mall Search

11. A, B, C was charged of illegal possession of hand grenade. D a police officer while on patrol approached the accused because of suspicion. He made a search where the grenade was found. Will the case prosper? a. Yes, because stop and frisk may apply in this case. b. Yes, they were suspicious and therefore an arrest could be made c. No, because in general, police officers have no authority to conduct a search even if a person is suspicious. d. No, there was no probable cause. 12. Armed with a warrant of arrest, A, a police officer apprehended B at his house at 3am. B 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 arres 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. 13. The purpose of determining probable cause by a judge is to: a. b. c. d. to determine whether accused may be guilty to determine whether accused should be acquitted to convict the accused beyond reasonable doubt to determine whether warrant of arrest should be issued.

14. The following are the rights of a person under custodial investigation except, a. b. c. d. To be assisted by a counsel To be allowed visits by family, counsel etc. To give bail To be informed of the nature of the offense

15. A, a police officer upon learning the accident, proceeded to the scene of the crime where he was informed that B was one of the perpetrators. B was then arrested and SHABU was found in his possession. B now questions the validity of his arrest. a. The arrest was lawful because the police had personal knowledge of the death and facts indicating B as the perpetrator. Thus, the seizure of shabu was made incidental to a lawful arrest. b. The arrest is lawful because A, as a police officer may conduct searches at the vicinity of the crime scene. c. The seizure was unlawful since there was no search warrant and therefore shabu is inadmissible.

d. The seizure was valid since shabu is an illegal substance prohibited by the law. It is also covered by a special law and therefore warrant is not necessary. 16. The judge issued a warrant of arrest even before a case is instituted. Does he have the authority to do such? a. b. c. d. Yes, case is not required to be instituted before a WOA can be instituted No, there should be an information filed before a WOA can be issued. Yes, as long as preliminary investigation was conducted No, WOA may only be issued when there is a request made by the complainant and investigation conducted by a police officer.

17. The prosecutor recommended the filing of an information for murder against A. This however was reversed by the DOJ and ordered the dismissal of the case. Should the case be dismissed? a. Yes, the DOJ has greater authority than the prosecutor. b. No, prosecutor is not bound by the decision of the DOJ c. Yes, otherwise there will be a conflict between the prosecutors decision and the DOJs d. No, the case should continue despite the order of dismissal by the DOJ. 18. Armed with warrants, the police took Jerry out of his room and tied him at the faucet. The police then ransacked his cabinets and found a .38 revolver. Is the search valid? a. b. c. d. Yes, because of the search warrant Yes, because the officer may seize any evidence No, because the revolver found is not in the warrant No, because the revolver found was not in his person and beyond his area of immediate control

19. While serving his sentence, Jerry wrote a letter-appeal to the SC to review his case. The SC granted the appeal because illegal search is clearly apparent in his case. a. it should not be granted because the law provides that a formal appeal should be made. b. It should not be permitted since it is in the nature of a second motion for reconsideration c. The court may grant it because it has the power to suspend rules in order to meet the ends of justice d. It shall not be granted since res judicata applies.

20. Bail is, a. security given for the payment of damages. b. Security given for the provisional release of a person in custody with conditions. c. Bond given to the police to secure the return of a prisoner. d. Security given for the release of a prisoner. 21. Warrant of arrest is not necessary when, a. b. c. d. the accused is already under detention when it is clear from evidence that the accused committed the crime when under the discretion of the court, the accused shall be convicted. When there is probable cause

22. The prosecutor determines probable cause for, a. b. c. d. the issuance of warrant to convict or acquit the accused to determine the evidence to be presented in court. to determine if the accused may be guilty and should be held for trial

23. The accused may be arrested with out warrant of arrest except: a. b. c. d. Cases of in flagrante delicto When he escaped prison. When shabu is seen at the trunk of the accused car. During a buy-bust operation.

24. Bail may be cancelled when, a. b. c. d. the accused died. When there is leave of court. If there is doubt in the evidence. When there is no probable cause.

25. The accused has the following rights during trial except: a. b. c. d. to be informed of the nature and cause of the accusation. To be present at all times during trial To appeal in all cases allowed and in the manner prescribed by law. To be a witness in his behalf

26. Bogcac was convicted for 2 counts of estafa. He filed for Urgent petition for Extraordinary relief but was denied. The warrant of arrest was then issued

and the application for bail was cancelled. Is the denial for application for bail valid? a. Yes, it is due to the execution of final judgment. b. No, estafa is not punishable by reclusion perpetua or death and should therefore be allowed. c. No, the evidence of guilt is not strong. d. Yes, it is under the discretionary power of the court to grant bail or not. If the person is probably guilty, bail may not be permitted. 27. The NBI filed a complaint for Rape and homicide against the petitioners. A panel of prosecutors was then created to conduct the preliminary investigation. The accused alleged that he was at the US when the crime occurred. The DOJ then issued a resolution finding probable cause and the judge issued a WOA. The petitioners then contended that the failure of the judge to conduct its OWN PI is a ground for dismissal. Is the contention correct? a. YES. In case of cases punishable by capital punishment, the judge SHOULD conduct its own preliminary investigation. There is deprivation of due process if no PI is conducted. b. NO. The court may not conduct a PI since it is only statutory in nature and is therefore not mandatory. c. NO. The court may rely and review and evaluate the findings of the prosecutor to see to it that it is supported by substantial evidence. d. YES. Preliminary investigation is for the issuance of the WOA. If the judge does not conduct one, then there is no probable cause to hold the accused for trial. 28. A was acquitted by the court for violation of BP22 due to insufficiency of evidence. However he was found liable for the value of the checks. Is the decision of the court correct? a. No. Since A was already acquitted, he should not be held liable for the check. b. No. A should file for damages since the acquittal amounts to a wrongful accusation from the complainant. c. Yes. There is an independent filing of the Civil case and therefore it shall proceed. d. Yes. The extinction of a penal action does not carry with it the extinction of civil action 29. It is an obligation of record, entered into by some court authorized to take it, with the condition to do some particular act, and a prisoner is often allowed so to obligate himself to answer the charge. a. arrest

b. bail c. appeal d. recognizance 30. A was arrested without warrant of arrest and Shabu was seized in his possession. He then posted bail and was released. During arraignment he raised the validity of the arrest and moved for the dismissal of the case. a. He should be released since the arrest was illegal. b. Trial should proceed since he posted bail and can no longer question the validity of the arrest, c. Trial should proceed since there is sufficient evidence to support his guilt. d. The shabu was found in his possession and therefore the arrest was legal. The trial should proceed. 31. The following are the requisites of exercise of criminal jurisdiction except, a. b. c. d. jurisdiction of the evidence jurisdiction over the subject matter jurisdiction over the territory jurisdiction over the person of the accused

32. Which court has the jurisdiction over all criminal cases not falling within jurisdiction of any court, tribunal or body, except those falling under jurisdiction of Sandiganbayan. a. b. c. d. MTCs RTCs Court of Appeals Supreme Court

33. What is the exception for duplicity of offense? a. b. c. d. when the special law requires duplicity when there are two or more crimes committed when the statute requires that two or more crimes should be filed when the law requires a single punishment for various offenses

34. One, which arises in a case, the resolution of which is a logical antecedent of the issue, involved therein. a. b. c. d. appeal prejudicial question motion for reconsideration certiorari

35. During trial, the prosecution failed to prove the guilt of the accused due to insufficiency of evidence. What proper remedy should the accused file. a. b. c. d. Motion to Dismiss Motion to Quash Motion of Reconsideration Demurrer to Evidence

36. A plea of not-guilty should be entered in the following cases except, a. b. c. d. Accused enters a conditional plea of guilt When accused refuses to plea When accused is absent during arraignment Where after a plea of guilt, he introduces evidence of self-defense or exculpatory evidence.

37. The Rights of the Accused are mandated by, a. b. c. d. The Bill of Rights The Bill of Congress The Constitutional mandate against illegal searches and seizure Provisions of the Revised Penal Code

38. The arraignment may be suspended on the following cases except, a. b. c. d. there is motion for leave of court accused suffers from unsound mind or disability there is petition for review for the resolution of the prosecutor there exist a prejudicial question

39. A allegedly raped BBB. He was then arrested without warrant. An information was then filed against A and he pleaded not-guilty. He then was convicted by the court. Can he move for the quashal of the information on the ground of illegal arrest? a. No, there was already a final judgment b. Yes, there was an illegal arrest and therefore all evidence are inadmissible c. No, he may not question the validity of arrest. It should be made before the arraignment d. Yes, he may move for the quashal of the information since it is a constitutional right. 40. The following should be considered at the pre-trial except, a. Plea bargaining agreement b. Stipulation of facts

c. Marking for the identification of evidence d. Prior motions filed by either party 41. During trial, petitioner moved to reset initial presentation of evidence and it was granted. Thereafter, it was again reset to latter dates and despite notices and being subpoenaed, the petitioner failed to appear. She then file a motion for reconsideration but it was denied on the ground that it was beyond the reglementary period. Subsequently, the court then convicted petitioner. She alleged that it was her lawyer who failed to file the MR. a. petitioner should be granted MR since it is allowed by the court b. the court properly denied the MR since it is beyond the reglementary period c. petitioner should not borne punishment since it was his lawyer who failed to file the MR at the proper time 42. A was convicted of Rape for raping his daughter. He was convicted and after the promulgation, he filed an MR and a motion for new trial due to the desistance of his daughter. a. A should be dismissed since his daughter no longer wants to file a case. b. A should be dismissed because there is already an implied pardon from his daughters desistance c. Case should not be dismissed since the desistance does not deny the truth d. Case should not be dismissed because there is actual evidence for his conviction 43. AAA was charged of Estafa, Theft and Falsification of document in one information filed by BBB. During arraignment, AAA pleaded not-guilty. Later on, the RTC convicted him of the three charges filed. a. the conviction is proper since he failed to object the multiplicity before trial. b. The conviction is not proper since the law prohibits the multiplicity of charges. c. The conviction is proper since it is within the authority of the Court to render judgment on the said charges d. The conviction is not proper because there was a grave abuse of discretion 44. A judgment shall become final except, a. b. c. d. when accused commences to serve sentence when no appeal is perfected when accused files for probation, thereby waives the right to appeal when prosecution can no longer prove the guilt of the accused.

45. Which of the following is not a requisite for issuing a warrant of arrest.

a. b. c. d.

probable cause determination of probable cause by the judge particularity of the place determination of probable cause by the prosecutor

46. In case of libel, jurisdiction of the court may belong to, a. b. c. d. residence of the accused residence of the aggrieved party residence of the judge all of the above

47. A the wife of B is having an adulterous relationship with C. Who may be included in the complaint? a. b. c. d. A and C A and C even if C is dead. A only C only

48. An order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer directing him to search a property and bring it before the court a. b. c. d. search warrant warrant of arrest judgment demurrer to evidence

49. In case of valid search, the following may be present except, a. b. c. d. lawful occupant judge issuing the warrant member of the family two witnesses of sufficient age and discretion

50. Injunction is allowed to restrain criminal prosecution except, a. b. c. d. e. prejudicial question exists it is necessary for orderly administration of justice discretion of the court no prima facie case persecution rather than prosecution

ANSWER KEYS: 1. B 2. B 3. A 4. A 5. C 6. D 7. A 8. C 9. B 10. A 11. D 12. A 13. D 14. C 15. A 16. A 17. B 18. B 19. C 20. B 21. A 22. D 23. C 24. A 25. B 26. A 27. C 28. D 29. D 30. A 31. A 32. B 33. B 34. B 35. D 36. C 37. A 38. A 39. C 40. D 41. B 42. C 43. A 44. D 45. D 46. B 47. A 48. A 49. B 50. C