Professional Documents
Culture Documents
On his way to the Cavite on board a public transport bus as a passenger, Police Inspector Masigasig of the
Valenzuela Police witnessed an on-going armed robbery while the bus was traversing Makati. His
alertness and training enabled him to foil the robbery and to subdue the malefactor. He disarmed the
felon and while frisking him, discovered another handgun tucked in his waist. He seized both handguns
and the malefactor was later charged with the separate crimes of robbery and illegal possession of firearm.
Which court has jurisdiction over the criminal cases?
A. The criminal case for robbery and illegal C. In Valenzuela City only as it is the place of
possession of firearms can be filed in Regional departure.
Trial Court of Makati City or on any of the
places of departure or arrival of the bus.
B. In Makati City only as venue in criminal case D. In Silang Cavite only as it is the place of
is part of the jurisdiction. destination.
2. It means that the offense, by virtue of the imposable penalty or its nature, is one which the court is by
law authorized to take cognizance of.
3. It means that the offense must have been committed within court’s jurisdiction.
4. The person charged with the offense must have been brought to its presence for trial, forcibly by arrest
or upon his voluntary submission to the court.
5. It is the power of the State to try and punish a person for a violation of its penal laws.
6. It refers to MTC in the towns and cities in the Metropolitan Manila area.
A. Metropolitan Trial Courts C. Municipal Trial Court
B. Municipal Trial Courts Cities D. Municipal Circuit Trial Court
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10. The following are trial courts EXCEPT:
12. This court has original jurisdiction over cases involving BP22-Bouncing Checks Law regardless of the
amount.
13. This court has jurisdiction over violations of Anti-graft and Corrupt Practices Law and Forfeiture of
Illegally Acquired Wealth.
14. This court has jurisdiction over violation of rental law; and traffic laws, rules and regulations.
15. This court has jurisdiction over other offenses or felonies whether simple or complexed with other
crimes committed in relation to their office by the public officials and employees.
16. It is a generic term used to describe the network of laws and rules which govern the procedural
administration of criminal justice.
17. The Institution of criminal action where a preliminary investigation is required is by filing the complaint
with the proper officer. The following are the proper officers EXCEPT:
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20. The rule allowing the parents, grandparents, and guardians to file a complaint on behalf of the minor
applies to the following offenses EXCEPT:
21. Qualifying and aggravating circumstances were not alleged in the information. During trial however, the
prosecutor was able to prove the qualifying and aggravating circumstances. May the judge considered
these in its decision to impose the proper penalty?
A. Yes, qualifying not alleged but proved may C. Yes, qualifying and aggravating circumstances
be considered as aggravating need not be expressly and specifically alleged
B. Yes, but only the aggravating circumstance D. No, qualifying and aggravating circumstances
must be expressly and specifically alleged
22. In a BP 22 case, can the offended party make a reservation of the civil action?
A. Yes, provided that reservation is made C. Yes, provided that cannot be instituted until
prior to the presentation of evidence by the final judgment has been entered in the criminal
prosecution action.
B. Yes, provided that there is no double D. No. The criminal action shall be deemed to
recovery from the same act or omissions include the civil action, and the offended party
is not allowed to make the reservation.
A. Civil action is filed prior the filing of the C. The resolution of the issue will determine
criminal action whether or not the criminal action may
proceed
B. The issue is similar or is intimately related D. Previously filed criminal action involves an issue
with an issue raised in the subsequent which is similar or is intimately related with an
criminal action issue raised in the subsequent civil action
24. When the defendant is absolved of civil liability in a civil action, can a criminal action still be filed against
him?
A. Yes, the state is a party in a criminal action, C. No, double jeopardy sets in. One cannot be
while only the private offended party is a prosecuted for the same offense arising from
party in the civil action. the same facts and circumstances
B. Yes, person civilly liable is also liable D. No, because there was no prior reservation
criminally made
25. The general rule is the civil action is not necessarily extinguished by the acquittal of the accused. Even
if the accused is acquitted, the court can still award civil liability in the following instances EXCEPT:
A. If the decision contains a finding that the C. When the civil liability is not derived from or
act from which the civil liability may arise based on the criminal act of which the accused
does not exist. is acquitted.
B. When the acquittal is based on reasonable D. When there is a declaration in the decision that
doubt the liability of the accused is only civil
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B. Information D. A and B
27. The rule that a complaint or information must charge only one offense is absolute.
28. This court has jurisdiction over cases on decree on Intellectual Property.
29. This principle means that once jurisdiction is vested in the court, it is retained up to the end of the
litigation.
30. The following are the distinction of criminal law and criminal procedure EXCEPT:
A. Criminal law is substantive, WHEREAS C. Criminal law defines crimes, treats of their
Criminal procedure, on the other hand, is nature, and provides for their punishment,
remedial or procedural WHEREAS Criminal procedure provides for the
method by which a person accused of a crime
is arrested, tried and punished
B. Criminal law is remedial or procedural, D. Criminal law declares what acts are punishable,
WHEREAS Criminal procedure, on the other WHEREAS criminal procedure provides how the
hand, is substantive act is to be punished
A. Where one party is the government C. Where there is no private offended party
B. Where the dispute involves real properties D. Offenses punishable by imprisonment
located in same cities or municipalities exceeding 1 year or a fine exceeding P5,000
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33. The following are the distinction of complaint and information EXCEPT:
A. Complaint may be filed either with the C. Complaint is sworn to by the person signing it,
office of the prosecutor or with the court, whereas an Information need not be under
whereas an Information is always filed with oath since the prosecuting officer filing it is
the court already acting under his oath of office
B. Complaint is signed only by the offended D. Complaint may be signed by the offended
party or any peace officer, whereas an party, any peace officer, or other public officer
Information is always signed by the charged with the enforcement of the law
prosecuting officer. violated, whereas an Information is always
signed by the prosecuting officer.
34. Jason was speeding on a highway when his car collided with another car. The other car was totally
wrecked and the driver of the other car suffered serious physical injuries. How many informations or
complaints should be filed against Jason?
A. Only one information should be filed for C. Three informations should be filed for serious
serious physical injuries and damage to physical injuries and damage to property
property through reckless imprudence. through reckless imprudence. These are
The information against Jason cannot be reckless imprudence, physical injuries, and
split into two because there was only one damage to property.
negligent act resulting in serious physical
injuries and damage to property
B. Two informations should be filed for D. Four informations should be filed for serious
serious physical injuries and damage to physical injuries and damage to property
property through reckless imprudence. through reckless imprudence. These are
These are serious physical injuries and reckless imprudence, reckless imprudence
damage to property. resulting to physical injury, reckless
imprudence resulting to damage to property
and violation of traffic laws for over speeding.
35. Which of the following is NOT included to the exception that when a criminal action is instituted, the civil
action for the recovery of civil liability arising from the offense shall be deemed instituted with the
criminal action.
A. when the offended party WAIVES the civil C. when the offended party RESERVES his right to
action institute a separate civil action
B. When there is prejudicial question D. when offended party institutes a civil action
prior to the criminal action