CRIMINAL PROCEDURE

1. It is the method prescribed by law for the apprehension and prosecution of persons accused of any
criminal offense, and for their punishment in case of conviction.
a. criminal law c. criminal procedure
b. criminal evidence d. preliminary investigation
2. It is an inquiry or proceeding to determine whether there is sufficient ground to engender a well founded
belief that a crime has been committed and the respondent is probably guilty thereof, and should be held
for trial
a. inquest c. criminal investigation
b. preliminary investigation d. preliminary hearing
3. It is a sworn written 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. mittimus c. information
b. affidavit d. complaint
4. It is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed
with the court.
a. information c. reply
b. affidavit d. complaint
5. Who must prosecute criminal actions?
a. fiscal c. police
b. judge d. community
6. It is entity or body in which a portion of judicial power is vested.
a. bureau c. prosecution
b. court d. corrections
7. The power to interpret laws is vested with the -
a. judiciary c. executive dep't
b. legislative dep't d. administrative dep't
8. It is the authority given by law to a court or tribunal to hear and determine certain controversies involving
rights which are legally demandable and enforceable.
a. jurisprudence c. jurisdiction
b. venue d. power
9. It is the questioning by law enforcement officers of a SUSPECT taken into custody or otherwise deprived
of his freedom of action in a significant way. It includes the practice of issuing an “invitation” to a person
who is investigated in connection with an offense he is suspected to have committed.
a. preliminary investigation c. inquest
b. custodial investigation d. interrogation
10. The following EXCEPT one are the requisites for the exercise of criminal jurisdiction
a. jurisdiction over the subject matter
b. jurisdiction over the territory
c. jurisdiction over the thing
d. jurisdiction over the person of the accused
11. Jurisdiction over the person may be acquired thru-
a. arrest or voluntary surrender
b. arrest and apprehension
c. retreat or surrender
d. hit and run
12.Where a preliminary investigation is required, the criminal action is instituted
a. by filing the complaint with the proper officer
b. by filing the complaint or information with the MTC
c. by filing the complaint with the office of the prosecutor
d. all of the above
13.It is an issue involved in a civil case which is similar or intimately related to the issue raised in the criminal
action, the resolution of which determines whether or not the criminal action may proceed.
a. relevant question c. leading question
b. prejudicial question d. material question
14.The holding of a preliminary investigation is a constitutional right. This statement is _____________.
a. partially true c. true
b. partially false d. false
15.It is the court that has jurisdiction over crimes the imposable penalty of which exceeds six (6) years,
regardless of fine.
a. Regional Trial Court c. Supreme Court
b. Court of Appeals d. Municipal Trial Court
16.If the crime is committed in a chartered city, where must the criminal action be instituted?
a. filed directly with the MTC judge
b. filed with the office of the prosecutor
c. filed in the nearest police station
d. filed in the House of Representatives
17,Judge Bitay issued a warrant of arrest for the apprehension of Manyak who was charged with rape. He was
arrested by the operatives however the arresting officers is not in possession of the said warrant. Manyak
questioned the validity of his arrest. Is the challenge in order?
a. No, because the warrant of arrest may be shown to him afterward
b. Yes, there is violation of his constitutional right
c. Yes, because the Rule requires that the warrant of arrest be shown to the accused when
making an arrest
d. No, the arresting officer is presumed to have performed his job in a regular manner
18.The lifetime of a warrant of arrest.
a. 10 days c. valid until revoked
b. 15 days d. 30 days

19.It is the taking of a person into custody in order that he may be bound to answer for the commission of an
offense.
a. arrest c. search
b. seizure d. confiscation
20.When may an arrest be made?
a. at anytime of the day or night
b. during the day preferably before lunch
c. during weekends
d. any day except during holidays
21.It is the law which enumerate the rights of the person arrested, detained, or under custodial investigation.
a. RA 6713 c. RA 7610
b. RA 7438 d. RA 9165
22.It is an order in writing issued in the name of the People of the Philippines, signed by the judge and directed
to a peace officer, commanding him to search for personal property described therein and bring it before the
court.
a. search warrant c. warrant of arrest
b. complaint d. information
23.The following EXCEPT one are the personal properties that may be seized by virtue of a search warrant.
a. property subject of the offense
b. stolen or embezzled and other proceeds
c. used or intended to be as the means of committing an offense
d. property which are not insured
24.As a general rule, when must a search warrant be effected?
a. during daytime
b. at anytime of the day or night
 c. during nighttime
d. on weekends
25.The following EXCEPT one are the instances of warrantless search and seizure.
a. customs search c. Terry search
b. plain view search d. hide and search
26.No search warrant or warrant of arrest is needed in a buy-bust operation.
a. true c. false
b. it depends d. immaterial
27.Mayor Sanchez was arrested 46 days after the commission of the alleged rape of Mary Eileen Sarmenta and
the killing of Allan Gomez and Sarmenta. He was arrested before warrants were issued. Is the arrest valid?
a. No, because the police officers who arrested him were not present when he allegedly
participated in the rape and killing
b. Yes, because the crime committed is a heinous crime
c. Yes, because there is sufficient evidence to arrest him
d. No, a case before the Sandiganbayan must first be filed against him

28.Mr. Tulak was arrested and searched while transporting prohibited drugs without warrant. Was the arrest
valid?
a. No, the arrest is in violation of his constitutional right
b. Yes, he was caught in flagrante delicto
c. Yes, he is a drug pusher and he should be arrested at anytime because he is a menace to the
society
d. No, the police officers must first secure a warrant of arrest
29.When should the accused question the legality of his arrest?
a. At anytime of the day or night
b. at anytime after trial
c. during trial
d. before the accused enters his plea
30.What is Republic Act No. 7438?
a. An act defining certain rights of persons arrested, detained or under custodial investigation
by officers, and providing penalties for violations therefor
b. An act abolishing the imposition of death penalty
c. An act expanding the jurisdiction of courts
d. An act imposing tax exemption to minimum wage earners
31.Where is the venue of criminal case?
a. the municipality or province wherein the offense was committed or one of its essential
elements took place
b. the region wherein the offense was committed or one of its essential elements took place
c. the district wherein the offense was committed or one of its essential elements took place
d. the barangay wherein the offense was committed or one of its essential elements took place
32.A search warrant was issued to SPO1 Pakialamero directing him to search and to seize any contrabands inside
the warehouse of Tado. SPO1 Pakialamero regularly conducted surveillance on the area. On the eleventh
day after the search warrant was issued, he together with his team decided to raid the warehouse. They
confiscated several sacks of marijuana. Is the search and seizure valid?
a. No c. Maybe
b. Yes d. It depends
33.In one of the following cases no counterclaim or cross claim or third party complaint may be filed by the
accused .which case.
a. administrative case c. civil case
b. criminal case d. special civil action
34.It is one which arises in a case, the resolution of which is a logical antecedent of the issue raised therein and the
cognizance of which pertains to another tribunal.
a. Political question c. prejudicial questions
 b. Preliminary investigation d. preliminary examination
35.A final judgment rendered in a civil action absolving the defendant is not a bar to a_____
a. Civil action c. criminal action
b. Administrative action d. special civil action
36.The doctrine of primacy of the criminal action ,which provides that civil action is thus suspended in whatever
stage it may be found upon the filing of the criminal action ,accepts certain exceptions, which of the following are
among the exception
a. In cases of independent civil action
b. In cases where the civil action presents a prejudicial questions
c. When the act or omission from which the civil liability may arise did not exist
d. Both a and b
e. All of the above
37. “A” married to “B” .during the existence of his marriage ,A (husband) married “C” .B(1st.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 exist in the civil action a question of
a. Criminal question c. prejudicial question
b. Civil question d. pre emptive question
38.It is an inquiry or proceeding to determine whether there is a sufficient ground to engender a well founded
belief that a crime has been committed and the respondent is probably guilty thereof and should be held for trial.
a. prejudicial question c. preliminary examination
b. preliminary investigation d. criminal investigation
39.what is the nature of preliminary investigation?
a. inquisitorial c. personal
b. alternative d. both a and c e. all of the above
40. For what offense where preliminary investigation is required to be conducted?
a. when a person is lawfully arrested without warrant
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 where the penalty prescribed is imprisonment exceeding 6 years
d. for any offense where inquest prosecutor is available.
41.the following are allowed to conduct preliminary investigation except.
a. provincial and city prosecutor and their assistance
b. judges of Municipal trial courts and Municipal circuit Trial court
c. National and Regional State prosecutor
d. special prosecutors of the ombudsman
42.Preliminary investigation is a.
a. administrative function c. judicial function
b. executive function d. supreme court function
43.the offenders who is still under going Preliminary investigation at the prosecutor office is referred to as.
a. suspect c. accused
b. respondent d. appellant
44. the entire preliminary investigation is up to.
a. 30 days c. 45 days
b. 15 days d. 10 days
45.which is not the right of respondent during preliminary investigation
a. to submit counter affidavit
b. to be present during clarificatory hearing
c. to examine the evidence submitted by the complainant and copy them at his expense .
d. to examine and cross examine the party and the witness
46.After the preliminary investigation and the investigating officer find cause to hold the respondent for trial he
shall prepare the resolution recommending the filing of the information ,he must certify under oath the
following ,except.
a. he has personally examined the complainant
 b. that there is a reasonable ground to believe that a crime has been committed
c. that the accused is probably guilty there
d. that the accused must be arrested and brought to trial
47.for instance, the provincial or city prosecutor promulgated an unfavorable resolution of the case,where can be
accused file a petition for review of the said resolution
a. office of the president c. metropolitan trial court
b. department of justice d. regional trial court
48.If the judge find probable cause after conducting preliminary examination what will he issue as mentioned in
sec 6 Rule 112.
a. mittimus c. commitment order
b. warrant of arrest d. summons
49.Incase of doubt on the existence of probable cause ,what will the judge do.
a. dismiss the information
b. order the prosecutor to present additional evidence.
c. conduct another evaluation of resolution and its supporting evidence
d. order the accuse to be released
50.warrant of arrest is not necessary in the following instances ,except
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. if the penalty for the offense is less than 4 years 2 months and 1 day imprisonment.
51.what kind of warrant is issued by the court against the accused or witness who failed to appear before it?
a. John doe warrant c. allias warrant
b. bench warrant d. general warrant
52.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 warrant involving an offense which requires a preliminary
investigation .
b. for an offense where the penalty prescribed by law is at leasth four (4) years 2 months and One day.
c. for any offense where inquest prosecutor is absent or not available
d. all of the above
53.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 filed in court without preliminary investigation having been first
conducted
a. within five (5) days from the time he learns of 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
54..An information or complaint filed in court shall be supported by the following. except.
a. affidavits and counter affidavits of the parties and their witnesses
b. other supporting evidence
c. the resolution on the case
d. none of the above
55.which is not the requisites for issuance of summons instead of warrant of arrest
a. existence of probable cause
b. the case is under jurisdiction of Municipal Trial court
c. there is no necessity for placing the respondent under immediate custody.
d. there is necessity for placing the respondent under immediate custody.