REVIEW QUESTIONS IN

CRIMINAL
PROCEDURE
1. What 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 Evidence

B. Criminal Procedure
C. Criminal Law
D. Criminal Trial
2. What system of criminal procedure when the
detection and prosecution of offenders are not
left to the initiative of private parties but to the
officials and agents of the law? Resort is made to
secret inquiry to discover the culprit and violence
and torture were often employed to extract a
confession.

A. Accusatorial
B. Inquisitorial
C. Culpritorial
D. Mixed
3. It is when the accusation is exercised by
every citizen or by a member of the group to
which the injured party belongs. The action is
a combat between the parties, the supposed
offender has the right to be confronted by his
accuser. Likewise, the battle in the form of a
public trial is judged by a magistrate who
renders the verdict.

A. Accusatorial
B. Inquisitorial
C. Culpritorial
D. Mixed
4. What is defined as the power to hear
and try a particular offense and impose
the punishment for it?

A. Authority
B. Jurisdiction
C. Duty
D. Responsibility
5. What is the power to hear and
determine cases of general class to
which the proceedings in question
belong?

A. Jurisdiction over the Offense

B. Jurisdiction over the Person of the
Accused
C. Jurisdiction over the Subject Matter
D. Jurisdiction over the Victim
6. The court must examine the complaint
for the purpose of ascertaining whether or
not the facts set out and the punishment
provided by law fall within the jurisdiction
of the court. This is known as…

A. Jurisdiction over the Offense

B. Jurisdiction over the Person of the
Accused
C. Jurisdiction over the Subject Matter
D. Jurisdiction over the Victim
7. It is acquired upon the arrest or upon
voluntary appearance of the malefactor.

A. Jurisdiction over the Offense

B. Jurisdiction over the Person of the
Accused
C. Jurisdiction over the Subject Matter
D. Jurisdiction over the Victim
8. It states that for jurisdiction to be
acquired by the court, the offense should
have been committed or any one of its
essential elements took within the
geographical jurisdiction of the court.

A. General Jurisdiction
B. Prospective Jurisdiction
C. Retrospective Jurisdiction
D. Territorial Jurisdiction
9. What 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? This
may be filed either before the prosecutor’s
office or the court.

A. Affidavit
B. Information
C. Complaint
D. Motion
10. What is an accusation in writing
charging a person with an offense
subscribed by the fiscal and filed with the
court?

A. Affidavit
B. Information
C. Complaint
D. Motion
11. Who represents the People of the
Philippines, or the state, in the
prosecution of offense before the trial
courts either Metropolitan, Municipal,
Municipal Circuit or Regional Trial
Courts?

A. Counsel
B. Judge
C. Prosecutor
D. Lawyer
12. Who shall represent the People of the
Philippines, or the state, on criminal
elevated to the Court of Appeals or the
Supreme Court?

A. Counsel
B. Justice
C. Judge
D. Solicitor General
13. The crime of Adultery or Concubinage
shall not be prosecuted except upon a
complaint filed by whom?

A. Offended Paramour

B. Offended Spouse
C. Offending Paramour
D. Offending Spouse
14. These are felonies, which cannot be
prosecuted except upon complaint filed by
the aggrieved party.

A. Lascivious Crimes

B. Seductive Crimes
C. Private Crimes
D. Sexual Crimes
15. What is the inherent power and
authority of the state to provide protection
of the person and property of a person?

A. Dura Lex

B. Nullum Crimen
C. Mens Rea
D. Parens Patriae
16. What is a single act, which constitutes
two or more grave or less grave felonies or
an offense, which is a necessary means for
committing the other?

A. Chronic Crime

B. Confused Crime
C. Complex Crime
D. Continuing Crime
17. It refers to a single crime
consisting of a series of acts but all
arising from one criminal resolution.

A. Chronic Crime

B. Confused Crime
C. Complex Crime
D. Continuing Crime
18. How many offense/s must the
complaint or information charge?

A. Four
B. Two
C. One
D. Three
19. The complaint or information may be
amended in form, with leave of court, after
accused pleads. The phrase “leave of
court” means there must be…

A. Judgment of Court

B. Permission of Court
C. Order of Court
D. Ruling of Court
20. It refers to the second prosecution for
same offense after acquittal or conviction
from the first prosecution.

A. Aberattio Ictus

B. Double Jeopardy
C. Bill of Attainder
D. Ex Post Facto
21. It involves recovery of actual, moral
and exemplary damages.

A. Administrative Action

B. Criminal Action
C. Civil Action
D. Political Action
22. Generally, it comes into play in a
situation where civil and criminal actions
are pending and the issues involved in both
cases are similar or so closely related that
an issue must be preemptively resolved in
the civil case before the criminal action
may proceed.

A. Prejudicial Complaint

B. Prejudicial Judgment
C. Prejudicial Information
D. Prejudicial Question
23. What is an inquiry or proceeding for
the purpose of determining whether there
is sufficient ground to engender a well-
founded belief that a crime has been
committed and that the respondent is
probably guilty thereof, and should be
held for trial?

A. Arraignment
B. Preliminary Investigation
C. Cross Examination
D. Pre Trial
24. Preliminary Investigation is required
to be conducted before the filing of the
complaint or information for an offense
where the penalty prescribed by law is at
least…

A. 1 yr., 2mos. And 1 day

B. 3 yrs., 2 mos. And 1 day
C. 2 yrs., 2 mos. And 1 day
D. 4 yrs., 2 mos. And 1 day
25. What are facts and circumstances,
which would lead a reasonably discreet
and prudent man to believe that an
offense has been committed by the person
sought to be arrested?

A. Direct Cause

B. Probable Cause
C. Immediate Cause
D. Proximate Cause
26. The following are the officers
authorized by law to conduct Preliminary
Investigation except…

A. Chief, Public Attorney’s Office

B. Chief State Prosecutor
C. City Prosecutor
D. Regional State Prosecutor
27. What is an order in writing issued in
the name of the People of the Philippines,
signed by a judge and directed to a peace
officer, commanding him to take into
custody person identified therein and
bring him before the court?

A. Apprehension Warrant

B. Search Warrant
C. Arrest Warrant
D. Seizure Warrant
28. It refers to an informal and summary
investigation conducted by a public
prosecutor in criminal cases involving persons
arrested and detained without the benefit of a
warrant of arrest issued by the court for the
purpose of determining whether or not said
persons should remain under custody and
correspondingly be charged in court.

A. Cross Examination

B. Interrogation
C. Inquest
D. Preliminary Investigation
29. What is the taking of a person into
custody so that he may be bound to
answer for the commission of an offense?
A. Arrest
B. Detain
C. Confine
D. Imprison
30. The following are the exemptions to
the general rule that the arrest must be
done with valid warrant except…
A. Escapee Arrest
B. In Flagrante Delicto
C. Hot Pursuit
D. Res Gestae
31. When, in his presence, the person to
be arrested has committed, is actually
committing or is attempting to commit an
offense is also known as…
A. Escapee Arrest
B. In Flagrante Delicto
C. Hot Pursuit
D. Res Gestae
32. When an offense has just been
committed and he has probable cause to
believed based on personal knowledge of
facts or circumstances that the person to be
arrested has committed it, is known as…
A. Escapee Arrest
B. In Flagrante Delicto
C. Hot Pursuit
D. Res Gestae
33. Who among the following is
authorized by law to issue warrant of
arrest?
A. Counsel
B. Prosecutor
C. Judge
D. Sheriff
34. What is the security given 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?

A. Bail
B. Guarantee
C. Collateral
D. Warranty
35. It refers to an offense, which under the
law existing at the time of its commission
and of the application for admission to
bail, may be punished with death.

A. Capital
B. Heinous
C. Grave
D. Major
36. It refers to the reading of the nature
and cause of the complaint in the dialect
known to the accused and asking him
whether guilty or not.

A. Arraignment
B. Preliminary Investigation
C. Inquest
D. Pre Trial
37. What is judgment declaring the
accused guilty of the offense charged
imposing upon him the penalty provided
for by law?

A. Acquittal
B. Exoneration
C. Conviction
D. Dismissal
38. It is a judgment declaring the accused
not guilty of the crime charged and
ordering his release.

A. Acquittal
B. Dismissal
C. Conviction
D. Suspension
39. It refers to an act of baseness,
vileness and depravity in the private and
social duty which a man owes to his
fellowmen or to society in general,
contrary to the accepted and customary
rule of right and duty between man and
man, or conduct contrary to justice,
honesty, modesty or good morals.

A. Malicious Mischief

B. Slander by Deed
C. Moral Turpitude
D. Unjust Vexation
40. What is a motion to dismiss a criminal
case after the prosecution has rested its
case on the ground of insufficiency of
evidence?

A. Associative Evidence

B. Light Evidence
C. Demurrer to Evidence
D. Quantum of Evidence
41. What is the adjudication by the court
that the accused is guilty or not guilty of the
offense charged and the imposition on him
of the proper penalty and civil liability, if
any?

A. Arraignment
B. Motion to Quash
C. Judgment
D. Plea Bargaining
42. Who may promulgate the judgment of
the court in the absence of the judge?

A. Clerk of Court

B. Prosecutor
C. Counsel De Officio
D. Solicitor General
43. It is an order in writing issued in the
name of the People of the Philippines,
signed by a judge and directed to a peace
officer, commanding him to search for
personal property described and bring it
to court.

A. Arrest Warrant

B. Search Warrant
C. Frisk Warrant
D. Seizure Warrant
44. How many days is the validity of
a Search Warrant?
A. 10
B. 20
C. 15
D. 25
45. It refers to the lawyer designated by
the court to represent the accused.

A. Counsel De Officio

B. Ex Officio Counsel
C. Counsel De Republica
D. Interim Counsel
46. How long is the period for
perfecting an appeal?

A. 15 days
B. 25 days
C. 20 days
D. 30 days
47. Which court has jurisdiction over
cases involving violation of RA 3019?

A. Court of Appeals

B. Sandiganbayan
C. Regional Trial Court
D. Supreme Court
48. Which court has jurisdiction over
cases involving minor as accused or
victim?

A. Court of Appeals

B. Regional Trial Court
C. Family Court
D. Special Civil Court
49. Which of the following is a ground for
demurrer to evidence?

A. Immateriality of Evidence
B. Impertinency of Evidence
C. Insufficiency of Evidence
D. Irrelevancy of Evidence
50. What is the quantum of evidence for
criminal cases?

A. Preponderance of Evidence
B. Prima Facie Evidence
C. Proof of Guilt Beyond Reasonable Doubt
D. Substantial Evidence