PRE TEST IN CRIMINAL PROCEDURE

1. 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
2. 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
3. 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
4. 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
5. 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
6. 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
7. 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
8. 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
9. 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
10. _____ 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
11. 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
12. 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
13. 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
14. 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
15. 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
16. 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
17. 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
18. 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
19. 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
20. 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
21. 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
22. 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
23. 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.
24.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
25.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
26.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
27.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
28.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
29.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
30.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

31.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
32.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
33.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
34.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
35.The indemnity, which a person is sentenced to pay, forms an integral part of
the penalty, it being expressly provided by Article 100 of 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