QUESTION AND ANSWER

1. 1. QUESTION AND ANSWER IN CRIMINAL LAW AND JURISPRUDENCE CRIMINAL PROCEDURE

SET 2 By: Charlemagne James P. Ramos

2. 2. 1. What do you call the record of the court where the proceedings of the court or the
judgment of the court is recorded in case the accused failed to appear for the promulgation of
judgment despite notice A. Log book B. Record book C. Criminal docket book D. Folio of the
case.

3. 3. 1. What do you call the record of the court where the proceedings of the court or the
judgment of the court is recorded in case the accused failed to appear for the promulgation of
judgment despite notice A. Log book B. Record book C. Criminal docket book D. Folio of the
case.

4. 4. 2. Criminal cases where the penalty prescribed by law for the offense charged does not
exceed six months fall under the rule on A. Regular procedure B. Summary procedure C.
Criminal procedure D. Civil procedure

5. 5. 2. Criminal cases where the penalty prescribed by law for the offense charged does not
exceed six months fall under the rule on A. Regular procedure B. Summary procedure C.
Criminal procedure D. Civil procedure

6. 6. 3. It refers to a territorial unit where the power of the court is to be exercised. A. Jurisdiction
B. Trial courts C. Venue D. Territory

7. 7. 3. It refers to a territorial unit where the power of the court is to be exercised. A. Jurisdiction
B. Trial courts C. Venue D. Territory

8. 8. 4. It is the examination before a competent court or tribunal, according to the laws of the
land, of the facts in issue for the purpose of determining such issue. A. Pre – Trial B. Arraignment
C. New Trial D. Trial

9. 9. 4. It is the examination before a competent court or tribunal, according to the laws of the
land, of the facts in issue for the purpose of determining such issue. A. Pre – Trial B. Arraignment
C. New Trial D. Trial

10. 10. 5. If the accused appears to be suffering from an unsound mental condition, which
effectively renders him unable to fully understand the charge against him to plead intelligently.
A. The criminal charged must shall be dismissed B. The arraignment shall be suspended C. The
trial shall be suspended D. All of the foregoing

11. 11. 5. If the accused appears to be suffering from an unsound mental condition, which
effectively renders him unable to fully understand the charge against him to plead intelligently.
A. The criminal charged must shall be dismissed B. The arraignment shall be suspended C. The
trial shall be suspended D. All of the foregoing
12. 12. 6. The following are included as a reason for the postponement of trial: I. That the witness is
really material to which the courts agrees II. That no similar evidence could be obtained without
negligence on the party applying for postponement III. That the court docket is full IV. That the
prosecutor is sick A. I and II only C. I only B. III only D. I,II,III,IV

13. 13. 6. The following are included as a reason for the postponement of trial: I. That the witness is
really material to which the courts agrees II. That no similar evidence could be obtained without
negligence on the party applying for postponement III. That the court docket is full IV. That the
prosecutor is sick A. I and II only C. I only B. III only D. I,II,III,IV

14. 14. 7. In determining the probable cause, it is required that A. The judge must examine the
complaint and his witnesses personally B. The examination must be under oath C. The
examination must be in writing in the form of searching questions and answers D. All of the
foregoing

15. 15. 7. In determining the probable cause, it is required that A. The judge must examine the
complaint and his witnesses personally B. The examination must be under oath C. The
examination must be in writing in the form of searching questions and answers D. All of the
foregoing

16. 16. 8. The following are the requisites for the issuance of a search warrant EXCEPT A. It must be
issued upon probable cause B. The probable cause must be determined personally by the judge
C. Particularly describing the place to be searched D. Particularly describing the person to be
seized

17. 17. 8. The following are the requisites for the issuance of a search warrant EXCEPT A. It must be
issued upon probable cause B. The probable cause must be determined personally by the judge
C. Particularly describing the place to be searched D. Particularly describing the person to be
seized

18. 18. 9. The following statements are false, EXCEPT A. The accused may enter his plea by counsel
B. The accused must personally enter his plea C. The accused may excuse/waive arraignment D.
The accused may be arraigned in a court other than where the case is assigned

19. 19. 9. The following statements are false, EXCEPT A. The accused may enter his plea by counsel
B. The accused must personally enter his plea C. The accused may excuse/waive arraignment D.
The accused may be arraigned in a court other than where the case is assigned

20. 20. 10. It is the way or method fixed by law for the apprehension and prosecution of persons
suspected or having committed a crime. It includes the imposition of penalty in case of
conviction. What is it? A. Criminal procedure C. accusatorial system B. Inquisitorial scheme D.
civil code

21. 21. 10. It is the way or method fixed by law for the apprehension and prosecution of persons
suspected or having committed a crime. It includes the imposition of penalty in case of
conviction. What is it? A. Criminal procedure C. accusatorial system B. Inquisitorial scheme D.
civil code
 22. 22. 11. Maybe defined as the security given for the release of a person in custody of law,
furnished by him or a bondsman, to guarantee his appearance before any court as required
under the conditions herein specified. A. Pardon B. Bail C. Probation D. Parole

23. 23. 11. Maybe defined as the security given for the release of a person in custody of law,
furnished by him or a bondsman, to guarantee his appearance before any court as required
under the conditions herein specified. A. Pardon B. Bail C. Probation D. Parole

24. 24. 12. In what instances is a warrant of arrest is 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. When the penalty is fine only D. All of the Foregoing

25. 25. 12. In what instances is a warrant of arrest is 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. When the penalty is fine only D. All of the Foregoing

26. 26. 13. One of the following is not included as a reason for the postponement of trial. I. That the
witness is really material to which the courts agrees II. That no similar evidence could be
obtained without negligence on the party applying for postponement III. That the court docket
is full A. I and II C. I and III B. III only D. II only

27. 27. 13. One of the following is not included as a reason for the postponement of trial. I. That the
witness is really material to which the courts agrees II. That no similar evidence could be
obtained without negligence on the party applying for postponement III. That the court docket
is full A. I and II C. I and III B. III only D. II only

28. 28. 14. When a court is satisfied, upon proof or oath, that a material witness will not testify
when required, it may upon motion of either party order the witness to __________ A. To be
excused. B. To post bail. C. To be included in the information. D. To be arrested.

29. 29. 14. When a court is satisfied, upon proof or oath, that a material witness will not testify
when required, it may upon motion of either party order the witness to __________ A. To be
excused. B. To post bail. C. To be included in the information. D. To be arrested.

30. 30. 15. During the pending of his case, X died due to heart attack. His untimely death resulted in
A. Postponement of the case B. Suspension of the case C. Dismissal of the case D. None of the
above

31. 31. 15. During the pending of his case, X died due to heart attack. His untimely death resulted in
A. Postponement of the case B. Suspension of the case C. Dismissal of the case D. None of the
above

32. 32. 16. It is defined as an accusation in writing charging a person with an offense subscribed by
the fiscal and filed with the court. A. Information B. Complaint C. Action D. Police blotter

33. 33. 16. It is defined as an accusation in writing charging a person with an offense subscribed by
the fiscal and filed with the court. A. Information B. Complaint C. Action D. Police blotter

34. 34. 17. Are search warrants by the courts of law always issued in the name of the Philippines? A.
no C. possible B. it depends D. yes
35. 35. 17. Are search warrants by the courts of law always issued in the name of the Philippines? A.
no C. possible B. it depends D. yes

36. 36. 18. The offender who is still undergoing preliminary investigation at the prosecutor’s office is
referred to as A. Respondent B. Suspect C. Accused D. Defendant

37. 37. 18. The offender who is still undergoing preliminary investigation at the prosecutor’s office is
referred to as A. Respondent B. Suspect C. Accused D. Defendant

38. 38. 19. In this jurisdiction, when two or more accused are jointly charged with any offense, they
shall be tried jointly. Separate trial is _________ A. Within sound discretion of the court. B. A
constitutional requirement. C. Statutory requirement. D. Mandatory.

39. 39. 19. In this jurisdiction, when two or more accused are jointly charged with any offense, they
shall be tried jointly. Separate trial is _________ A. Within sound discretion of the court. B. A
constitutional requirement. C. Statutory requirement. D. Mandatory.

40. 40. 20. After arraignment, the accused failed to appear in the subsequent trial dates. The trial
can proceed even in the absence of the accused and such situation is termed as what? A. absent
accused C. trial in absentia B. escaped accused D. trial on merit

41. 41. 20. After arraignment, the accused failed to appear in the subsequent trial dates. The trial
can proceed even in the absence of the accused and such situation is termed as what? A. absent
accused C. trial in absentia B. escaped accused D. trial on merit

42. 42. 21. What doctrine does not allow evidence obtained by the police officers in an illegal
searched and seizures to be used against the accused? A. Exclusionary doctrine B. Miranda
ruling C. Fruit of poisonous tree D. Silver plater

43. 43. 21. What doctrine does not allow evidence obtained by the police officers in an illegal
searched and seizures to be used against the accused? A. Exclusionary doctrine B. Miranda
ruling C. Fruit of poisonous tree D. Silver plater

44. 44. 22. In the preceding question what if it allows the evidence obtained by the police officers in
an illegal searched and seizures to be used against the accused? A. Exclusionary doctrine B.
Miranda ruling C. Fruit of poisonous tree D. Silver plater

45. 45. 22. In the preceding question what if it allows the evidence obtained by the police officers in
an illegal searched and seizures to be used against the accused? A. Exclusionary doctrine B.
Miranda ruling C. Fruit of poisonous tree D. Silver plater

46. 46. 23. To be state witness, one of the accused must voluntarily execute a sworn statement in
support of his discharge. If the court denies the motion to discharge said accused filed before
the prosecution rest its case, his sworn statement shall be as _______________ A. Admissible in
evidence. B. Inadmissible evidence. C. Admitted as material evidence. D. Conditionally admitted
as material evidence.

47. 47. 23. To be state witness, one of the accused must voluntarily execute a sworn statement in
support of his discharge. If the court denies the motion to discharge said accused filed before
the prosecution rest its case, his sworn statement shall be as _______________ A. Admissible in
 evidence. B. Inadmissible evidence. C. Admitted as material evidence. D. Conditionally admitted
as material evidence.

48. 48. 24. Under our existing criminal procedure, who automatically enter a plea of not guilty if the
accused refuse to plea? A. prosecutor C. court B. guardian D. defense lawyer

49. 49. 24. Under our existing criminal procedure, who automatically enter a plea of not guilty if the
accused refuse to plea? A. prosecutor C. court B. guardian D. defense lawyer

50. 50. 25. In the preceding question, the on its own initiative or automatic plea made is called as?
A. Motu proprio C. trial on merit B. Non bis in idem D. De officio

51. 51. 25. In the preceding question, the on its own initiative or automatic plea made is called as?
A. Motu proprio C. trial on merit B. Non bis in idem D. De officio

52. 52. 26. The number of days the accused has to prepare 

for trial after a plea of not guilty is entered. A. At least 30 days B. At least 15 days 
C. At least 20 days D. At least 60 days

53. 53. 26. The number of days the accused has to prepare 

for trial after a plea of not guilty is entered. A. At least 30 days B. At least 15 days 
C. At least 20 days D. At least 60 days

54. 54. 27. In the preceding question, after the plea of guilty was made the trial shall commence
_________ A. Within 30 days from receipt of the pre‐trial order. B. Within 45 days from receipt
of the pre‐trial order. C. Within 20 days from receipt of the pre‐trial order. D. Within 15 days
from receipt of the pre‐trial order.

55. 55. 27. In the preceding question, after the plea of guilty was made the trial shall commence
_________ A. Within 30 days from receipt of the pre‐trial order. B. Within 45 days from receipt
of the pre‐trial order. C. Within 20 days from receipt of the pre‐trial order. D. Within 15 days
from receipt of the pre‐trial order.

56. 56. 28. Under the penal laws and jurisprudence, all criminal prosecutions in the entire country
shall be done by the prosecutor. Is there an instant where a private lawyer hired by the victim
can prosecute a case even without the presence of the public prosecutor? The answer is yes,
however, the said private lawyer shall secure written authority from the city prosecutor to
what? A. Behave C. continue B. Defend D. prosecute

57. 57. 28. Under the penal laws and jurisprudence, all criminal prosecutions in the entire country
shall be done by the prosecutor. Is there an instant where a private lawyer hired by the victim
can prosecute a case even without the presence of the public prosecutor? The answer is yes,
however, the said private lawyer shall secure written authority from the city prosecutor to
what? A. Behave C. continue B. Defend D. prosecute

58. 58. 29. This requirement imports the degree of proof necessary to convict an accused of the
crime of treason consisting of the testimony of two witnesses to the same over act. A.
Dangerous tendency rule B. All of the foregoing C. Two witness rule D. None of the foregoing
 59. 59. 29. This requirement imports the degree of proof necessary to convict an accused of the
crime of treason consisting of the testimony of two witnesses to the same over act. A.
Dangerous tendency rule B. All of the foregoing C. Two witness rule D. None of the foregoing

60. 60. 30. The status of an essential witness whenever his whereabouts are unknown or his
whereabouts cannot be determined by due diligence. A. Unavailable B. Absent C. Hostile D.
Adverse

61. 61. 30. The status of an essential witness whenever his whereabouts are unknown or his
whereabouts cannot be determined by due diligence. A. Unavailable B. Absent C. Hostile D.
Adverse

62. 62. 31. In putting up self‐defense in criminal prosecution, as prober, you have to determine the
existence of the most important element which is what? A. deliberate C. motive B. actual killing
D. unlawful aggression

63. 63. 31. In putting up self‐defense in criminal prosecution, as prober, you have to determine the
existence of the most important element which is what? A. deliberate C. motive B. actual killing
D. unlawful aggression

64. 64. 32. One reason for the re‐opening of trial of a case. A. The case is appealable B. Newly
discovered evidence C. The appearance of an essential witness D. To avoid miscarriage of justice
upon motion and with hearing

65. 65. 32. One reason for the re‐opening of trial of a case. A. The case is appealable B. Newly
discovered evidence C. The appearance of an essential witness D. To avoid miscarriage of justice
upon motion and with hearing

66. 66. 33. Pre‐trail conference in criminal cases is mandatory. One of the matters that should be
taken during the said proceeding is stipulation and admission of facts. The purpose of entering
into a stipulation or admission of facts is to what? A. Ensure justice and fair play B. making sure
of facts C. expedite trial D. corroborate either side party

67. 67. 33. Pre‐trail conference in criminal cases is mandatory. One of the matters that should be
taken during the said proceeding is stipulation and admission of facts. The purpose of entering
into a stipulation or admission of facts is to what? A. Ensure justice and fair play B. making sure
of facts C. expedite trial D. corroborate either side party

68. 68. 34. The law that prescribes certain rights of a person arrested, detained or under custodial
investigation and the guidelines, procedure and responsibilities of the arresting, detaining and
investigating officer is A. B.P. 129, as amended B. R.A 7691 C. R.A. 8294 D. R.A. 7438

69. 69. 34. The law that prescribes certain rights of a person arrested, detained or under custodial
investigation and the guidelines, procedure and responsibilities of the arresting, detaining and
investigating officer is A. B.P. 129, as amended B. R.A 7691 C. R.A. 8294 D. R.A. 7438

70. 70. 35. After the prosecution has rested its case, the accused file a motion to dismiss, with or
without leave of court; this rule is known as: A. Bill of particulars B. Demurrer to evidence C.
Summary proceeding D. Motion to quash
71. 71. 35. After the prosecution has rested its case, the accused file a motion to dismiss, with or
without leave of court; this rule is known as: A. Bill of particulars B. Demurrer to evidence C.
Summary proceeding D. Motion to quash

72. 72. 36. The right to bail is a matter of right except when the accused is charged with a capital
offense and the evidence of guilt is what? A. enough C. divisible B. strong D. determined

73. 73. 36. The right to bail is a matter of right except when the accused is charged with a capital
offense and the evidence of guilt is what? A. enough C. divisible B. strong D. determined

74. 74. 37. The purpose of the habitual delinquency law is to confine the prisoner for a longer
period of time for the purpose of protecting the? A. Witnesses C. complaint B. Victim D. society

75. 75. 37. The purpose of the habitual delinquency law is to confine the prisoner for a longer
period of time for the purpose of protecting the? A. Witnesses C. complaint B. Victim D. society

76. 76. 38. The entire trial period should not exceed ______ from the first day of trial, except if
authorized by special law or by the SC circulars. A. 120 days C. 90 days B. 180 days D. 60 days

77. 77. 38. The entire trial period should not exceed ______ from the first day of trial, except if
authorized by special law or by the SC circulars. A. 120 days C. 90 days B. 180 days D. 60 days

78. 78. 39. In habeas corpus proceedings, any person may apply for a writ on behalf of the
aggrieved part. The important issue in such a case is deprivation of one’s? A. Honor C. liberty B.
reputation D. property

79. 79. 39. In habeas corpus proceedings, any person may apply for a writ on behalf of the
aggrieved part. The important issue in such a case is deprivation of one’s? A. Honor C. liberty B.
reputation D. property

80. 80. 40. Requisite before recall of a witness. A. Leading Question B. Misleading Question C.
Impeachment D. Leave of Court

81. 81. 40. Requisite before recall of a witness. A. Leading Question B. Misleading Question C.
Impeachment D. Leave of Court

82. 82. 41. What is this search warrant wherein it fails to sufficiently specify the place or person to
be searched or things to be seized? A. General C. alias B. borderless D. major

83. 83. 41. What is this search warrant wherein it fails to sufficiently specify the place or person to
be searched or things to be seized? A. General C. alias B. borderless D. major

84. 84. 42. As a general rule, the silence of the accused should not prejudice him the following are
exception: I. If the prosecution has already established a prima facie case II. If the defense of the
accused is an alibi III. If the defense of the accused is self‐defense A. I and II C. I only B. II only D.
III only

85. 85. 42. As a general rule, the silence of the accused should not prejudice him the following are
exception: I. If the prosecution has already established a prima facie case II. If the defense of the
accused is an alibi III. If the defense of the accused is self‐defense A. I and II C. I only B. II only D.
III only
 86. 86. 43. When a person is lawfully arrested without a 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 or procedure A. Preliminary investigation B. Preliminary examination C. Inquest
proceeding D. Fact finding investigation.

87. 87. 43. When a person is lawfully arrested without a 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 or procedure A. Preliminary investigation B. Preliminary examination C. Inquest
proceeding D. Fact finding investigation.

88. 88. 44. Under the revised rule on summary procedure, the filing of criminal cases falling within
the scope of that rule shall be either by complaint or what? A. Indictment C. information B.
charge sheet D. None

89. 89. 44. Under the revised rule on summary procedure, the filing of criminal cases falling within
the scope of that rule shall be either by complaint or what? A. Indictment C. information B.
charge sheet D. None

90. 90. 45. After the prosecution rested its case, the accused filed a demurrer to evidence. Would
double jeopardy be a valid defense if he charged again with the same offense against? A. Yes,
because the dismissal is tantamount to acquittal. B. Yes, the case was not terminated on its own
merits. C. No, because the dismissal is with his consent or upon his own motion. D. No, The case
was not terminated on its merits hence double jeopardy is not a valid defense.

91. 91. 45. After the prosecution rested its case, the accused filed a demurrer to evidence. Would
double jeopardy be a valid defense if he charged again with the same offense against? A. Yes,
because the dismissal is tantamount to acquittal. B. Yes, the case was not terminated on its own
merits. C. No, because the dismissal is with his consent or upon his own motion. D. No, The case
was not terminated on its merits hence double jeopardy is not a valid defense.

92. 92. 46. If the accused refuses to plea the accusation during arraignment, what will be the
automatic plea to be entered? A. Denial C. waiver B. not guilty D. guilty

93. 93. 46. If the accused refuses to plea the accusation during arraignment, what will be the
automatic plea to be entered? A. Denial C. waiver B. not guilty D. guilty

94. 94. 47. The person, who is authorized by law to grant probation to an accused convicted of a
crime, is A. President of the Philippines B. Director of Prisons C. Trial Court Judge D. Jail Warden

95. 95. 47. The person, who is authorized by law to grant probation to an accused convicted of a
crime, is A. President of the Philippines B. Director of Prisons C. Trial Court Judge D. Jail Warden

96. 96. 48. When the judge directed the prosecutor to ‘qualify the witness’, what does it mean?
Witness is? A. To take an oath B. An expert witness C. Ready for trial D. Due for cross
examination
 97. 97. 48. When the judge directed the prosecutor to ‘qualify the witness’, what does it mean?
Witness is? A. To take an oath B. An expert witness C. Ready for trial D. Due for cross
examination

98. 98. 49. At the hearing of an application for admission to bail, the __________ has the burden of
showing that the evidence of guilt is strong. A. Prosecution B. Defense C. Court D. Bailiff

99. 99. 49. At the hearing of an application for admission to bail, the __________ has the burden of
showing that the evidence of guilt is strong. A. Prosecution B. Defense C. Court D. Bailiff

100. 100. 50. The Judiciary Reorganization Act is otherwise known as A. PD 1612 B. BP 186 C.
RA 7695 D. BP 129

101. 101. 50. The Judiciary Reorganization Act is otherwise known as A. PD 1612 B. BP 186 C.
RA 7695 D. BP 129

102. 102. 51. It is the adjudication by the court that the accused is guilty or not guilty of the
offense charged, and the imposition of the proper penalty and civil liability provided for by law
on the accused. A. Sentence C. Acquittal B. Interlocutory D. Judgment

103. 103. 51. It is the adjudication by the court that the accused is guilty or not guilty of the
offense charged, and the imposition of the proper penalty and civil liability provided for by law
on the accused. A. Sentence C. Acquittal B. Interlocutory D. Judgment

104. 104. 52. If the motion to quash is based on an alleged defect in the

complaint/information, the court shall order its? A. Amendment C. accuracy B. culpability D.
particulars

105. 105. 52. If the motion to quash is based on an alleged defect in the

complaint/information, the court shall order its? A. Amendment C. accuracy B. culpability D.
particulars

106. 106. 53. In a judgment of acquittal, the court has ____________ I. Authority to

reprimand II. No authority to reprimand the accused III. Authority to call a conference the
counsels of the prosecution and defense A. I only C. II only B. I and III D. III only

107. 107. 53. In a judgment of acquittal, the court has ____________ I. Authority to

reprimand II. No authority to reprimand the accused III. Authority to call a conference the
counsels of the prosecution and defense A. I only C. II only B. I and III D. III only

108. 108. 54. Under the rules of court, the lifetime of a search warrant is how many days
from its issuance? A. 5 b. 10 c. 20 d. 8

109. 109. 54. Under the rules of court, the lifetime of a search warrant is how many days
from its issuance? A. 5 b. 10 c. 20 d. 8

110. 110. 55. In case of acquittal, the judgment shall make a finding on the civil liability of the
accused in favor of the offended party, the following are exception: I. The guilty party die before
judgment. II. The guilty party die after judgment. III. There is a clear showing that the act from
 which the civil liability might arise did not exist. IV. There is a clear showing that the act from
which the civil liability might arise did exist. A. I and III only C. I,II,III B. I only only D. II and III only

111. 111. 55. In case of acquittal, the judgment shall make a finding on the civil liability of the
accused in favor of the offended party, the following are exception: I. The guilty party die before
judgment. II. The guilty party die after judgment. III. There is a clear showing that the act from
which the civil liability might arise did not exist. IV. There is a clear showing that the act from
which the civil liability might arise did exist. A. I and III only C. I,II,III B. I only only D. II and III only

112. 112. 56. The number of days the accused has to prepare for trial after a plea of not
guilty is entered A. Within 30 days B. Within 45 days C. Within 15 days D. All of the above

113. 113. 56. The number of days the accused has to prepare for trial after a plea of not
guilty is entered A. Within 30 days B. Within 45 days C. Within 15 days D. All of the above

114. 114. 57. The accused pleaded guilty when arraigned. However, since the charge is a
capital offense, the court directed the prosecution to present its star witness. In the middle of
the testimony of the eyewitness, the accused changed his mind and requested the trial court to
allow him to change his plea of ‘guilty’ to ‘not guilty’. Is it legal? A. No B. Yes C. possible D. it
depends

115. 115. 57. The accused pleaded guilty when arraigned. However, since the charge is a
capital offense, the court directed the prosecution to present its star witness. In the middle of
the testimony of the eyewitness, the accused changed his mind and requested the trial court to
allow him to change his plea of ‘guilty’ to ‘not guilty’. Is it legal? A. No B. Yes C. possible D. it
depends

116. 116. 58. In the preceding question the accused may change only due to what? A.
Mistake of fact B. Palpable mistake C. Misapprehension of facts D. Ignorance

117. 117. 58. In the preceding question the accused may change only due to what? A.
Mistake of fact B. Palpable mistake C. Misapprehension of facts D. Ignorance

118. 118. 59. A person designated to assist destitute litigants. A. Counsel de parte B. Attorney
at law C. Attorney on record D. Counsel de officio

119. 119. 59. A person designated to assist destitute litigants. A. Counsel de parte B. Attorney
at law C. Attorney on record D. Counsel de officio

120. 120. 60. What do you call the wooden hammer like instrument being used by judges
during hearings? A. Gavel B. shaver C. swivel D. mallet

121. 121. 60. What do you call the wooden hammer like instrument being used by judges
during hearings? A. Gavel B. shaver C. swivel D. mallet

122. 122. 61. What is the stage of the proceedings in court where the plea bargaining,
stipulation of facts, markings of exhibits, etc are considered or discussed? A. Pre‐trial conference
B. Trial C. Arraignment D. Preliminary conference
 123. 123. 61. What is the stage of the proceedings in court where the plea bargaining,
stipulation of facts, markings of exhibits, etc are considered or discussed? A. Pre‐trial conference
B. Trial C. Arraignment D. Preliminary conference

124. 124. 62. When the evidence presented in court during trial by the State and the accused
are of equal weight, which will prevail? A. It depends B. Accused C. State D. None

125. 125. 62. When the evidence presented in court during trial by the State and the accused
are of equal weight, which will prevail? A. It depends B. Accused C. State D. None

126. 126. 63. At what time may the accused move to quash the complaint or information? A.
At any time before his arrest B. Only after entering his plea C. At any time before entering his
plea D. All of the foregoing

127. 127. 63. At what time may the accused move to quash the complaint or information? A.
At any time before his arrest B. Only after entering his plea C. At any time before entering his
plea D. All of the foregoing

128. 128. 64. The degree of proof required to establish the crime is similar to that of
establishing conspiracy and that is proof beyond reasonable? A. Necessity C. doubt B. Motive D.
fault

129. 129. 64. The degree of proof required to establish the crime is similar to that of
establishing conspiracy and that is proof beyond reasonable? A. Necessity C. doubt B. Motive D.
fault

130. 130. 65. The allegation in the complaint or information of the place where the offense
was committed determines the: A. Trial B. Proceedings C. Venue D. Plea

131. 131. 65. The allegation in the complaint or information of the place where the offense
was committed determines the: A. Trial B. Proceedings C. Venue D. Plea

132. 132. 66. A solemn and formal declaration or assertion that the witness will tell the truth
is called: A. Statement B. Promise C. Affirmation D. Declaration

133. 133. 66. A solemn and formal declaration or assertion that the witness will tell the truth
is called: A. Statement B. Promise C. Affirmation D. Declaration

134. 134. 67. It is concerned with the procedural steps through which a criminal case passes,
commencing with the initial investigation of a crime and concluding with the unconditional
release of the offender. A. Evidence B. Criminal procedure C. Criminal law D. Crime

135. 135. 67. It is concerned with the procedural steps through which a criminal case passes,
commencing with the initial investigation of a crime and concluding with the unconditional
release of the offender. A. Evidence B. Criminal procedure C. Criminal law D. Crime

136. 136. 68. It is a generic term used to describe the network of laws and rules which govern
the procedural administration of criminal justice. A. Evidence B. Criminal procedure C. Criminal
law D. Crime
137. 137. 68. It is a generic term used to describe the network of laws and rules which govern
the procedural administration of criminal justice. A. Evidence B. Criminal procedure C. Criminal
law D. Crime

138. 138. 69. It is the authority to hear and decide a particular offense and impose
punishment for it. A. Jurisdiction B. Criminal Jurisdiction C. Police power D. All of the above

139. 139. 69. It is the authority to hear and decide a particular offense and impose
punishment for it. A. Jurisdiction B. Criminal Jurisdiction C. Police power D. All of the above

140. 140. 70. It is the authority to hear and try a case. A. Jurisdiction B. Criminal Jurisdiction
C. Police power D. All of the above

141. 141. 70. It is the authority to hear and try a case. A. Jurisdiction B. Criminal Jurisdiction
C. Police power D. All of the above

142. 142. 71. judgment become final after the lapse of the period for A. Presentation of
evidence by the prosecution B. Presentation of evidence by the defense counsel C. Perfecting an
appeal D. All of the foregoing

143. 143. 71. judgment become final after the lapse of the period for A. Presentation of
evidence by the prosecution B. Presentation of evidence by the defense counsel C. Perfecting an
appeal D. All of the foregoing

144. 144. 72. In order for a court to validly exercise jurisdiction the following must be
present: I. Jurisdiction over the person of the accused II. Jurisdiction over the subject matter III.
Jurisdiction over the territory IV. Jurisdiction the case A. I, II, III C. I and II B. I and III D. I,II, III, IV

145. 145. 72. In order for a court to validly exercise jurisdiction the following must be
present: I. Jurisdiction over the person of the accused II. Jurisdiction over the subject matter III.
Jurisdiction over the territory IV. Jurisdiction the case A. I, II, III C. I and II B. I and III D. I,II, III, IV

146. 146. 73. _______ are cases of the general class where the proceedings in question
belong as determined by the nature of the offense and the penalty imposed by law. A.
Jurisdiction over the person of the accused B. Jurisdiction over the subject matter C. Jurisdiction
over the territory D. Jurisdiction the case

147. 147. 73. _______ are cases of the general class where the proceedings in question
belong as determined by the nature of the offense and the penalty imposed by law. A.
Jurisdiction over the person of the accused B. Jurisdiction over the subject matter C. Jurisdiction
over the territory D. Jurisdiction the case

148. 148. 74. ________ is the geographical limits of the territory over which the court
presides and where the offense was committed. A. Jurisdiction over the person of the accused B.
Jurisdiction over the subject matter C. Jurisdiction over the territory D. Jurisdiction the case

149. 149. 74. ________ is the geographical limits of the territory over which the court
presides and where the offense was committed. A. Jurisdiction over the person of the accused B.
Jurisdiction over the subject matter C. Jurisdiction over the territory D. Jurisdiction the case
150. 150. 75. ________ is acquired thru arrest (with warrant or warrantless) or by voluntary
surrender. A. Jurisdiction over the person of the accused B. Jurisdiction over the subject matter
C. Jurisdiction over the territory D. Jurisdiction the case

151. 151. 75. ________ is acquired thru arrest (with warrant or warrantless) or by voluntary
surrender. A. Jurisdiction over the person of the accused B. Jurisdiction over the subject matter
C. Jurisdiction over the territory D. Jurisdiction the case

152. 152. 76. A complaint is one which: A. Is a sworn written statement charging a person
with an offense B. Is Executed and Subscribed by the Offended Party, Any peace officer, or Other
public officer charged with the enforcement of the law violated. C. Is may be filed in the
Prosecutors office or directly to the court D. All of the above

153. 153. 76. A complaint is one which: A. Is a sworn written statement charging a person
with an offense B. Is Executed and Subscribed by the Offended Party, Any peace officer, or Other
public officer charged with the enforcement of the law violated. C. Is may be filed in the
Prosecutors office or directly to the court D. All of the above

154. 154. 77. Any lawyer or members 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 working day only B. Any hour of the day
or, in urgent cases, of the night C. Any hour of Saturdays and Sundays D. Any hour of the
designated visiting day only

155. 155. 77. Any lawyer or members 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 working day only B. Any hour of the day
or, in urgent cases, of the night C. Any hour of Saturdays and Sundays D. Any hour of the
designated visiting day only

156. 156. 78. A complaint is subscribed and executed by the following: A. Offended Party B.
Any peace officer C. Other public officer charged with the enforcement of the law violated. D. All
of the above

157. 157. 78. A complaint is subscribed and executed by the following: A. Offended Party B.
Any peace officer C. Other public officer charged with the enforcement of the law violated. D. All
of the above

158. 158. 79. An information is one which: A. Is an accusation in writing B. Is subscribed by

the Prosecutor C. Is filed with the court D. All of the above

159. 159. 79. An information is one which: A. Is an accusation in writing B. Is subscribed by

the Prosecutor C. Is filed with the court D. All of the above

160. 160. 80. A complaint and information are both _________ A. In writing B. In the name of
the People of the Philippines C. Directed against all persons who appear to be responsible for
the offense involved D. All of the above
161. 161. 80. A complaint and information are both _________ A. In writing B. In the name of
the People of the Philippines C. Directed against all persons who appear to be responsible for
the offense involved D. All of the above

162. 162. 81. Refers to the family history or descendant 

transmitted from one generation to another. A. Pedigree B. Reputation C. Privies D.
None of the above

163. 163. 81. Refers to the family history or descendant 

transmitted from one generation to another. A. Pedigree B. Reputation C. Privies D.
None of the above

164. 164. 82. The complaint or information should state the following EXCEPT A. Name of the
offended party B. The designation of the offense by the state C. Name of the accused D. Name
of the court

165. 165. 82. The complaint or information should state the following EXCEPT A. Name of the
offended party B. The designation of the offense by the state C. Name of the accused D. Name
of the court

166. 166. 83. A complaint or information is sufficient in form if it states the following: I. The
Name of the accused II. The Designation of the offense given by the statute III. The Acts or
omissions complained of as constituting the offense IV. The Name of the offended party V. The
Approximate date of the commission of the offense VI. The Place where the offense was
committed. A. I,II,III,IV,V,VI C. I,II,III,IV B. I,II,III,IV,V D. I,II,III

167. 167. 83. A complaint or information is sufficient in form if it states the following: I. The
Name of the accused II. The Designation of the offense given by the statute III. The Acts or
omissions complained of as constituting the offense IV. The Name of the offended party V. The
Approximate date of the commission of the offense VI. The Place where the offense was
committed. A. I,II,III,IV,V,VI C. I,II,III,IV B. I,II,III,IV,V D. I,II,III

168. 168. 84. The following are elements of complaint or information : I. Formal elements II.
Substantive elements III. Designation elements A. I and II only C. I only B. I, II, III D. II only

169. 169. 84. The following are elements of complaint or information : I. Formal elements II.
Substantive elements III. Designation elements A. I and II only C. I only B. I, II, III D. II only

170. 170. 85. A complaint or information is sufficient in substance if it does contain any of the
defects which is a ground for a motion to quash. This statement is. A. Correct C. incorrect B.
Partially correct D. It depends

171. 171. 85. A complaint or information is sufficient in substance if it does contain any of the
defects which is a ground for a motion to quash. This statement is. A. Correct C. incorrect B.
Partially correct D. It depends

172. 172. 86. What administrative matter was the Revised Rules of Criminal Procedure
promulgated by the Supreme Court of the Philippines as part of the rules of court? A. A.M. No.
00‐05‐03‐SC B. A.M. No. 02‐2‐07‐SC C. A.M. No. 05‐8‐26‐SC D. B.P. 129
 173. 173. 86. What administrative matter was the Revised Rules of Criminal Procedure
promulgated by the Supreme Court of the Philippines as part of the rules of court? A. A.M. No.
00‐05‐03‐SC B. A.M. No. 02‐2‐07‐SC C. A.M. No. 05‐8‐26‐SC D. B.P. 129

174. 174. 87. In the preceding number on what date it was promulgated? A. December 1,
2000 B. December 8, 2001 C. December 1, 2001 D. December 2, 2000

175. 175. 87. In the preceding number on what date it was promulgated? A. December 1,
2000 B. December 8, 2001 C. December 1, 2001 D. December 2, 2000

176. 176. 88. It refers to the final determination by a Court of competent jurisdiction of the
issues submitted to in a case such that after it is issued, the case ends if the losing party does not
appeal. A. Interlocutory order B. Summons C. Subpoena D. Judgment

177. 177. 88. It refers to the final determination by a Court of competent jurisdiction of the
issues submitted to in a case such that after it is issued, the case ends if the losing party does not
appeal. A. Interlocutory order B. Summons C. Subpoena D. Judgment

178. 178. 89. It is a doctrine usually applied where the police officers is not searching for
evidence against the accused but nonetheless inadvertently come across incriminating objects.
A. Waiver or consented search B. Stop and frisk C. In flagrante delicto D. Plain view

179. 179. 89. It is a doctrine usually applied where the police officers is not searching for
evidence against the accused but nonetheless inadvertently come across incriminating objects.
A. Waiver or consented search B. Stop and frisk C. In flagrante delicto D. Plain view

180. 180. 90. The following are the requisites of an information except A. It must be filed by
the offended party B. It must charge the person with an offense C. It must be subscribed by the
prosecutor D. It must be in writing

181. 181. 90. The following are the requisites of an information except A. It must be filed by
the offended party B. It must charge the person with an offense C. It must be subscribed by the
prosecutor D. It must be in writing

182. 182. 91. What if the offended party is a corporation, how do you indicate it in the
complaint or information? A. Leave it blank B. State the name of the corporation C. Aver it in the
charge sheet D. State the name of the owner of the corporation and the member who are guilty

183. 183. 91. What if the offended party is a corporation, how do you indicate it in the
complaint or information? A. Leave it blank B. State the name of the corporation C. Aver it in the
charge sheet D. State the name of the owner of the corporation and the member who are guilty

184. 184. 92. What is the order of reverse trial? A. Prosecution‐Defense‐Rebuttal‐Submission

for decision B. Rebuttal‐Defense‐Prosecution‐Submission for decision C. Defense‐Prosecution‐
Rebuttal‐Submission for decision D. Submission for decision‐Rebuttal‐Prosecution‐ Defense

185. 185. 92. What is the order of reverse trial? A. Prosecution‐Defense‐Rebuttal‐Submission

for decision B. Rebuttal‐Defense‐Prosecution‐Submission for decision C. Defense‐Prosecution‐
Rebuttal‐Submission for decision D. Submission for decision‐Rebuttal‐Prosecution‐ Defense
 186. 186. 93. After the cross examination of the witness, what is the next procedure? A.
Direct examination B. Re‐direct examination C. Cross examination D. Re‐cross examination

187. 187. 93. After the cross examination of the witness, what is the next procedure? A.
Direct examination B. Re‐direct examination C. Cross examination D. Re‐cross examination

188. 188. 94. In the preceding question, what if the offender is the corporation how do you
indicate it in the complaint or information? A. Leave it blank B. State the name of the
corporation C. Aver it in the charge sheet D. State the name of the owner of the corporation and
the member who are guilty

189. 189. 94. In the preceding question, what if the offender is the corporation how do you
indicate it in the complaint or information? A. Leave it blank B. State the name of the
corporation C. Aver it in the charge sheet D. State the name of the owner of the corporation and
the member who are guilty

190. 190. 95. Offenses involving criminal negligence where the penalty of fines does not
exceed a fine of P10,000.00 is within the coverage of this rule. A. Regular procedure B. Ordinary
procedure C. Summary procedure D. Any of the following

191. 191. 95. Offenses involving criminal negligence where the penalty of fines does not
exceed a fine of P10,000.00 is within the coverage of this rule. A. Regular procedure B. Ordinary
procedure C. Summary procedure D. Any of the following

192. 192. 96. The personal evaluation of the judge after the filing of a case in court for the
purpose of determining the existence of a probable cause for the issuance of a warrant of arrest.
A. Preliminary investigation B. Preliminary examination C. Criminal investigation D. Inquest
proceeding

193. 193. 96. The personal evaluation of the judge after the filing of a case in court for the
purpose of determining the existence of a probable cause for the issuance of a warrant of arrest.
A. Preliminary investigation B. Preliminary examination C. Criminal investigation D. Inquest
proceeding

194. 194. 97. The pre‐marking of evidence of the parties for identification purposes are
supposed to be made during this stage of the proceedings A. Arraignment B. Trial proper C. Pre‐
trial conference D. Direct examination

195. 195. 97. The pre‐marking of evidence of the parties for identification purposes are
supposed to be made during this stage of the proceedings A. Arraignment B. Trial proper C. Pre‐
trial conference D. Direct examination

196. 196. 98. An extra‐judicial confession made by an accused shall not be sufficient and
admissible unless it is in A. Writing B. Voluntarily given C. Presence of his counsel D. All of these

197. 197. 98. An extra‐judicial confession made by an accused shall not be sufficient and
admissible unless it is in A. Writing B. Voluntarily given C. Presence of his counsel D. All of these
198. 198. 99. Criminal actions requires preliminary investigation by the proper officers where
the prescribed penalty at least A. 6 months and 2 days B. 4 years 2 months and 1 day C. 6 years
2 months and 1 day D. 4 years and 1 day

199. 199. 99. Criminal actions requires preliminary investigation by the proper officers where
the prescribed penalty at least A. 6 months and 2 days B. 4 years 2 months and 1 day C. 6 years
2 months and 1 day D. 4 years and 1 day

200. 200. 100.An application for a search warrant can be made in any court of the Philippines
which has jurisdiction over the subject matter A. Wholly true B. Partly true C. Wholly false D.
Partly false

201. 201. 100.An application for a search warrant can be made in any court of the Philippines
which has jurisdiction over the subject matter A. Wholly true B. Partly true C. Wholly false D.
Partly false