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ITG-QUESTIONNAIRES

CRIMINAL PROCEDURE

1. Sworn written statement charging a person with an offense,


subscribed by the offended party, any peace officer or other
public official charged with the enforcement of the law violated.
A. Information
B. Complaint
C. Affidavit
D. Memorandum

2. Accusation in writing charging a person with an offense,


subscribed by the fiscal and filed with the court.
A. Information
B. Complaint
C. Affidavit
D. Memorandum

3. ____and____ courts gain jurisdiction over the offense upon


the filing of complaint by a complainant or an information by
the prosecuting officer.
A. MTC and CA
B. MTC and SC
C. MTC and SB
D. MTC and RTC

4. Jurisdiction of the court over the offense is determined


A. At the time of the institution of the action
B. At the time of the arrest of the accused
C. At the time of voluntary surrender of the accused
D. At the time of the commission of the offense

5. Which of the following is false.


A. A complaint is a sworn statement
B. Information must be sworn to
C. Information is filed with the court
D. A complaint is subscribed by the offended party, any
peace officer or other officer charged with
the enforcement of the law violated

6. Remedies of offended party when fiscal unreasonably


refuses to file an information or include a person therein
as an accused.
A. In case of grave abuse of discretion, action for mandamus
B. Lodge a new complaint against the offenders
C. Take up matter with the Secretary of Justice
D. All of the above

7. In Municipal Trial Courts and Municipal Circuit Trial Courts


criminal actions are instituted by
A. By filing a complaint with the appropriate officer for the
purpose of conducting requisite preliminary investigation

therein.
B. By filing the complaint ONLY with the office of the fiscal
C. By filing the complaint or information directly with said
courts, or a complaint with the fiscals office
D. None of the above

8. Which of the following offenses is subject to summary


procedure.
A. Violation of traffic laws
B. Violation of municipal or city ordinance
C. Violation of rental laws
D. All of the above

9. In criminal cases covered by the rules on summary procedure


shall be deemed commenced only when it is filed in
A. The Prosecutor's office
B. Lupon of the Barangay
C. The Court
D. None of the above

10. The filing of the complaint even with the fiscals office
should suspend the running of the Statute of Limitations.
This is
A. True
B. False
C. Partially false

D. None of the above

11. Information may be amended as to the name of the


accused, but such amendment cannot be questioned for
the first time on appeal.
A. True
B. Partially true
C. False
D. Partially false

12. Conviction for robbery cannot be sustained if there is a


variance between the allegation and the proof as to the
ownership of the property stolen.
A. True
B. False
C. Partially false
D. Partially true

13. If facts do not completely allege all the elements of the


crime charged, the info may be quashed; however, the
prosecution is allowed to amend the info to include the
necessary facts.
A. True
B. Partially true
C. False
D. Partially false

14. Information need only allege facts, not include all the
evidence which may be used to prove such facts
A. True
B. False
C. Partially true
D. Partially false

15. Approximation of time is sufficient; amendment as to time


is only a formal amendment; no need to dismiss case.
A. True
B. False
C. Partially true
D. Partially false

16. Qualifying and inherent aggravating circumstances need


to be alleged as they are integral parts of the crime.
If proved, but not alleged, become only generic
aggravating circumstances.
A. True
B. False
C. Partially true
D. Partially false

17. Conviction may be had even if it appears that the crime


was committed not at the place alleged, provided that the

place of actual commission was within the courts


jurisdiction and accused was not surprised by the variance
between the proof and the information.
A. True
B. False
C. Partially true
D. Partially false

18. In which of the following cases may only the offended


spouse may file the complaint.
A. Rape
B. Seduction
C. Adultery and Concubinage
D. Acts of lasciviousness

19. Defined as the joinder of separate and distinct offenses in


one and the same information/complaint
A. Motion to Quash
B. Duplicity of offense
C. Double Jeopardy
D. None of the above

20.The civil action involves an issue similar or intimately


related to the issue raised in the criminal action.
A. Duplicity of offense
B. Double Jeopardy

C. Prejudicial question
D. None of the above

Answer: Criminal Procedure

1. B
2. A
3. D
4. A
5. B
6. D
7. C
8. D
9. C
10. A
11. A
12. A
13. A
14. A
15. A
16. A
17. A
18. C
19. B
20. C