You are on page 1of 10

Name ______________________ __________ Subject ______________Score _______

Year and Section ______________________________ Day and Time ______________

Write the letter of your answer in the space before the number.

1. One of the following is not a distinction between a complaint and information.

a. A complaint is filed by the complainant to the prosecutor’s office while an


information is filed by a prosecutor to the court.
b. A complaint is a sworn written statement subscribed by the offended party,
any peace officer or other public officer charge with the enforcement of law
while an information is subscribed by the prosecutor.
c. A complaint may be filed either before the prosecutor’s office or the court
whereas an information is only filed with the court.
d. None of the above

2. Which among the imposable penalties below should be commenced in the MTC?

a. Reclusion Perpetua
b. Aresto menor
c. Prision Mayor
d. Reclusion Temporal

3. What does the “4-2-1 Rule” means?


a. In offenses where the penalty prescribed by law is at least 4 years, 2 months
and 1 day with regards to fine a preliminary investigation is mandatory.
b. In offenses where the penalty prescribe by law is at least 4 years, 2 months
and 1 day without regards to fine, a preliminary investigation is mandatory.
c. In offenses where the penalty prescribe by law is at least 4 years, 2 months
and 1 day without regards to fine, preliminary investigation is not mandatory.
d. None of the above

4. A approached police officer B and reported that he intends to file a criminal case
against C, a resident of a neighbouring city on the grounds that, yesterday, C
with intent to gain without violence against or intimidation of persons nor force
upon things and without the consent of A took his bicycle worth 5,000 pesos,
punishable by Arresto Mayor. What should police officer B do?

a. File a Complaint against C in the National Prosecutors Office


b. File a Complaint or Information against C directly with the MTC
c. Arrest C and take him to the nearest police station
d. Advise A to file a case against C in the Katarungang Pambarangay for
mediation

5. A approached police officer B and reported that he intends to file a criminal case
against C, his neighbour, on the grounds that, yesterday, C with intent to gain
without violence against or intimidation of persons nor force upon things and
without the consent of A took his bicycle worth 5,000 pesos, punishable by
Arresto Mayor. What should police officer B do?

a. File a Complaint against C in the National Prosecutors Office


b. File an Information against C in the MTC
c. Arrest C and take him to the nearest police station
d. Advise A to file a case against C in the Katarungang Pambarangay

6. A approached police officer B and reported that he intends to file a criminal case
against C, his neighbour, on the grounds that, yesterday, C with intent to gain
without violence against or intimidation of persons nor force upon things and
without the consent of A took his Patek Philippe watch worth 120,000 pesos,
punishable by Prision Mayor. What should police officer B do?
a. File a Complaint against C in the National Prosecutors
Office
b. File an Information against C in the MTC
c. Arrest C and take him to the nearest police station
d. Advise A to file a case against C in the Katarungang Pambarangay

7. A, a minor, approached police officer B and reported that, according to his friends, C
is attempting to steal his bicycle. When they proceed to the place where A parked
his bicycle police officer B saw, in his presence, that C is actually taking A’s parked
bicycle. What should police officer B do?

a. File a Complaint against C in the National Prosecutors Office


b. File an Information against C in the MTC
c. Arrest C and take him to the nearest police station
d. Advise A to file a case against C in the Katarungang Pambarangay

8. Police Officer A was approached by B for advice. B averred that he is the Father of
C, an 18 year old brunet who is married but separated-in-fact, to D, a happy-go-
lucky hunk. B disclosed to police officer A that he intends to file a concubinage case
against D because the latter have sexual intercourse with E, a sexy dancer, under
scandalous manner. What should be police officer B’s advice.
a. Advice C that he cannot file a concubinage case against D because he has no
personal knowledge of the facts of the case
b. Advice C that he cannot file a concubinage case against D because only the
offended spouse can file the case
c. Advice C that he cannot file a concubinage case against D because C and D
were separated-in-fact.
d. Advise C that he can file a concubinage case against D because he is the
father of the 18 years old
9. Police Officer A was approached by B for advice. B averred that he is the Father of
C, a 17 year old pretty girl, who was sexually molested by D, their happy-go-lucky
neighbour and sweetheart of C. B disclosed to police officer A that he intends to file
an act of lasciviousness case against D because it causes serious trauma to his
daughter. What should be police officer B’s advice.

a. Advice C that he cannot institute an acts of lasciviousness case against D


because he has no personal knowledge of the facts of the case
b. Advice C that he cannot institute a acts of lasciviousness case against D
because only the offended person can file the case
c. Advice C that he cannot file a acts of lasciviousness case against D because C
and D were sweethearts
d. Advise C that he can file a acts of lasciviousness case against D because he is
the father of the minor

10.A, a convicted criminal escaped at Tunasan Jail, Muntinlupa City. After escaping
he proceeded to his residence at BF Homes Paranaque City where his wife still
resides. Finally he was captured by Police Officer A in Las Pinas City after being
reported seen by his complainant. Where should police officer A file a criminal
action for evasion of service of sentence?

a. In Muntinlupa City because it is where he was convicted and jailed


b. In Paranaque City because it is his residence on record
c. In Las Pinas City because it is the place where he was captured
d. All of the above, the court where the criminal action is first filed excluded the
other

11.Police Investigator A was investigating a case of rape. He was asking the victim
B of the identity of the culprit, and the place and time of the commission of the
crime. The victim an illiterate but sexy lady scavenger answered that she was
raped by C, her fellow scavenger at the empty mausoleum of Everest Cemetery
in Muntinlupa City where she took her refuge at night; however she does not
remember the precise date of the crime. Police Investigator A advice victim B
that she should remember precise date of the commission of the crime. Is police
investigator A correct?

a. Yes, because the precise date of the commission of the crime is a material
ingredient of the felony of rape
b. Yes, because the date of the commission of the crime is necessary to state in
the Complaint
c. No, because the offense may be alleged to have been committed on a date
as near as possible to the actual date of its commission
d. No, because the crime of rape is now considered a public crime

12.Police Investigator A was investigating a case of infanticide. He was asking the


mother of the victim the identity of the culprit, and the place and time of the
commission of the crime. The mother of the victim answered that her 3 day old
baby boy was killed by C when the latter pressed a pillow in the infants face
causing him to suffocate and eventually died. However she does not remember
the precise date of the crime. Police Investigator A advice victim B that she
should remember the precise date of the commission of the crime to file a case
of infanticide. Is police investigator A correct?

a. Yes, because the precise date of the commission of the crime is a material
ingredient of the felony of infanticide.
b. No, because the date of the commission of the crime is not necessary to state
in the Complaint
c. No, because the offense may be alleged to have been committed on a date
as near as possible to the actual date of its commission
d. Yes, because the crime of infanticide is a crime against person

13.Police Investigator A was investigating a case of robbery, however in the event


or on the occasion of the robbery B was killed. After gathering all his evidence
against the culprit C he filed a Complaint of robbery and another Complaint of
homicide against C. Is Police Investigator A correct.

a. Yes, because a Complaint must charge only one offense


b. Yes, because a robbery and homicide are not included in the same Title of
the Revised Penal Code
c. No, because the law prescribe for the single punishment of the crime of
robbery with homicide
d. No, because robbery is the main crime committed, homicide should be
treated merely as qualifying circumstance

14.A, a complainant plans to file a criminal action for physical injuries against B for
hitting him with a baseball bat in his shoulder which hospitalized him for 10 days.
After being discharge from the hospital, A went to the precinct and asked police
officer C to institute a criminal action against B. However, A inquired to police
officer C whether he could file a separate civil action. Police officer C answered
that he cannot, he reasoned out that in a criminal action the civil action is
deemed instituted except when he waives the civil action, reserves the right to
institute it separately or institute the civil action prior to the criminal action. Is
police officer C correct?

a. Yes, because under the Rules of Court when the criminal action is instituted,
the civil liability arising from the offense charge shall be deemed instituted
b. Yes, because the reservation of the right to institute separately the civil
action shall be made before the prosecution starts presenting its evidence
c. No, because the amount of damages are not specified
d. No, in case of physical injuries, a civil action for damages entirely separate
and distinct from the criminal action may be brought by the injured party

15.A in a fit of anger destroyed a portion of the wooden gate of B. B filed to the
Katarungang Pambarangay a case of malicious mischief. After mediation by the
Lupon Tagapamayapa the Lupon issued a Certificate to File Action because did
not come up with a settlement despite earnest efforts. A then proceeded to the
police station to ask the assistance of police officer C for them to prepare a
Complaint to be filed with the Prosecutor’s Office. Police officer C told them that
there is no need to file a Complaint to the Prosecutor’s Office because they could
immediately file the Complaint to the MTC without need for preliminary
investigation. Is police officer C correct?

a. Yes, because the penalty of malicious mischief as prescribe by law is less


than 4 years 2 months and 1 day
b. Yes, because the Katarungang Pambarangay already issued a Certificate to
File Action
c. No, preliminary investigation is required to be conducted before the filing of a
complaint
d. No, the case should be referred to court annexed mediation

16.Is the judge authorized to conduct preliminary investigation?


a. Yes, because it is inherent power of the judge
b. Yes, because it is required by law before a judge issue a warrant of arrest
c. No, he is not an officer authorized by the Rules of Court to conduct
preliminary investigation
d. No, preliminary investigation is executive and not judicial in nature

17.A was convicted of robbery and is now serving his sentence at the national
penitentiary at Muntinlupa City. However, upon verification by police officer B
assigned at Mandaluyong Police Department warrant section, A has an
outstanding warrant of arrest for theft issued by the MTC Branch XXX at
Mandaluyong City. Is there a need for a warrant of arrest when the accused is
already under detention?
a. Yes, a warrant of arrest is mandatory except when in the presence of the
arresting officer the person to be arrested has committed, is actually
committing, or is attempting to commit an offense
b. Yes, because it is the duty of the arresting officer to execute the warrant of
arrest until it is executed, quashed, lifted, set aside or recalled
c. No, because the accused is already under detention
d. No, because the judge should issue a commitment order instead of a warrant
of arrest

18.A was caught in flagrante delicto of possession of dangerous drugs by police


officer B. A was turned over to the police station for the routine booking
procedure and then locked up in the precinct’s holding area. What should police
officer A do to avoid being charge with arbitrary detention?

a. File a Complaint Affidavit to the Prosecutor’s Office within the time required
by law
b. File an Information to the court having jurisdiction of the offense charge
c. File an inquest proceeding in accordance with existing Rules.
d. File a commitment order to the proper court

19.Police officer A suspected B as one of the suspects of a rape-slay incident. Police


officer A went to the house of A and invited him to the police station for
questioning. B refuses to go with Officer A, instead he asked police officer A if he
was armed with a warrant of arrest. Police officer A replied that there was no
need for a warrant of arrest because he was only “inviting” A to the police
station and not arresting him. Is police officer A correct?

a. Yes, because an arrest is made by an actual restrain of a person arrested


b. Yes, because police officer A is only inviting suspect B at the police station for
questioning
c. No, because police officer A is actually taking B into custody
d. No, because going with police officer A upon such officer’s “invitation”
constitute an arrest

20.Who may issue a warrant of arrest?

a. General rule, only a judge may issue a warrant of arrest


b. The President of the Philippines may issue a warrant of arrest
c. The mayor may issue a warrant of arrest
d. All of the above

21.Which among the following is not a duty of an arresting officer executing the
same at the time of arrest?

a. To deliver the accused to the nearest police station or jail


b. To inform him of the reason for the arrest
c. To inform him of his right to remain silent and to counsel
d. None of the above

22.On January 2, 2018, a Monday, Police officer A, the chief of the warrant section
in police precinct XXX received a warrant of arrest against accused B for the
crime of murder. However, on January 12, 2018, a Friday, the warrant of arrest
has not been executed because accused by is now on hiding. Is the warrant of
arrest still valid?

a. Not anymore, because the Rules of Court provides that the arrest must be
made within 10 days from receipt by the warrant officer
b. Not anymore, because it must be validated by the judge who issued the
warrant after 10 days
c. It is still valid because a warrant of arrest remains valid and effective until it
is executed, quashed, lifted, set aside or recalled
d. It is still valid because there was no report of execution made by the
executing officer

23.A shooting incident happened 1 week ago at Bayanan, Muntinlupa City. The
police officers published in newspaper and posted in their precinct the caricature
of the suspect who by the description of the eye witness is a person who has
Chinese eyes, sporting a moustache, having a brown complexion, stand at
approximately 5 foot 7 inches tall, medium built, and about 30 to 35 years old. A,
who fits exactly with the description published and posted by the police officers
went to the police precinct and inquired to desk officer B if he was the suspect in
the shooting incident. Upon meticulous verification desk officer B is certain that A
was indeed the suspect of the shooting incident. Desk office B immediately arrest
A and read to him his “Miranda Rights”. Is desk officer B corrects in arresting A?
a. Yes, because desk officer B has the duty to arrest A for committing the crime
b. Yes, provided that A be subjected to an inquest proceeding
c. No, the crime was committed not in the presence of desk officer B
d. No, there is no sufficient evidence to arrest B

24.A, a police officer assigned at Muntinlupa City rode a bus bound to Mandaluyong,
where he lives, after being relieved of his tour of duty at Tunasan Community
Precinct XXX. When the bus was travelling within the proximity of Makati City B
declared a hold-up that eventually made the bus stopped. Police officer A being
vigilant of his surroundings successfully foiled the hold-up and eventually
arrested B. Where should police officer A bring suspect B?

a. In Mandaluyong City Jail where the bus is bound


b. In Muntinlupa City Jail where he was assigned
c. In Makati City Jail where the hold-up took place
d. All of the above

25.Driver A, while driving his passenger jeep bound to Alabang, stopped and picked
up his lone passenger B along Bayanan Church. When B boarded the passenger
jeep driver A saw in his rear view mirror that there was a gun that looks like a .
45 calibre pistol tucked in B’s waistline although covered by his tucked-out t-
shirt. When A started to drive the jeep after picking up B, he saw police officer C
patrolling on foot. Driver A, slowly drove his jeep passed police officer C, and
gesture to police officer C that his lone passenger B has a gun tucked in his
waist. Police officer C boarded the passenger jeep and arrested B. Is the
warrantless arrest valid?

a. Yes, the warrantless arrest is valid because passenger B is actually


committing a crime
b. Yes, because passenger B does not possess a valid licence to carry the gun
c. No, because riding a passenger jeep does not constitute a commission of a
crime
d. No, because police officer A is only a foot patrol

26. What do you call the security given for the release of a person in custody of the
law?
a. Habeas Corpus
b. Inquest
c. Bail
d. Injunction

27. At what stage in the criminal procedure is the accused mandated by the proper
court to appear in person?
a. During Pre trial
b. During Arraignment and plea
c. During Promulgation
d. During Preliminary investigation

28.Capital offense or an offense punishable by death, reclusion perpetua, or life


imprisonment is not bailable except;
a. When the evidence of guilt is not strong
b. When the evidence of guilt is strong
c. It is absolutely not bailable
d. None of the above

29. May a person who is not yet charge in court apply for bail with any court in the
province, city or municipality where he is held?
a. No, the Rules of Court does not allow it
b. Yes, the Rules of Court expressly allows it
c. Yes, the Rules of Court impliedly allows it
d. No, he should be charge in court before bail my be allowed

30. Is the accused exempt from being compelled to be a witness against himself?
a. Yes, on testimonial compulsion only
b. Yes, including mechanical acts
c. No, subject to cross examination
d. None of the above

31.The right to appeal is a;


a. Constitutional right
b. Statutory right
c. Civil rights
d. Political rights

32.When the accused refuses to plead or makes a conditional plea, a plea of


____________ should be entered for him.
a. Not guilty
b. Guilty
c. Conditional plea
d. None of the above

33.When is the time to move for a motion to quash?


a. At any time before the accused enter his plea
b. At any time after the accused enter his plea
c. At any time during the trial
d. At any time before the trial

34.In a motion to quash, the court shall consider no ground other than those stated
in the motion, except;
a. The facts charge do not constitute an offense
b. Lack of jurisdiction over the offense charge
c. Lack of jurisdiction over the person of the accused
d. The officer who filed the case has no authority to do so

35.The provisional dismissal of offenses punishable by imprisonment not exceeding


6 years or a fine in any amount or both shall become permanent in ____ year/s
after issueance of the order without the case having been revived.
a. 1 year
b. 2 years
c. 3 years
d. 4 years

36.With respect to offenses punishable by imprisonment of more than 6 years, their


provisional dismissal shall become permanent ____ year/s after issuance of order
without the case having been revived.
a. 1 year
b. 2 years
c. 3 years
d. 4 years

37.In the following instances bail is a matter of right except;


a. Before or after conviction by the MTC.
b. Before conviction by the RTC of an offense not punishable by death, reclusion
perpetua, or life imprisonment.
c. Upon conviction by the RTC of an offense not punishable by death, reclusion
perpetua, or life imprisonment.
d. none of the above.

38.During plea bargaining the accused was arraigned for the crime of robbery. May
he be allowed by the trial court to plead to a lesser offense of estafa?
a. Yes, provided the offended party consented
b. Yes, provided the prosecutor on case consented
c. No, because the crime of estafa is not necessarily included in the offense
charge
d. None of the above

39.When is the time to move for a bill of particular?


a. After arraignment
b. Before or upon arraignment
c. Before trial
d. None of the above

40.Upon motion by the proper party the arraignment shall be suspended in the
following case, except
a. The accused appears to be suffering from unsound mental condition
b. There exist a prejudicial question
c. A petition for review of the resolution of the prosecutor is pending at either
the office of the President or the Department of Justice
d. None of the above

41.All agreement or admission made or entered during the pre-trial conference shall
be reduced in writing and signed by the
a. Accused only
b. Counsel of the accused only
c. Accused or his counsel
d. Accused and his counsel

42.When the accused pleads guilty but present exculpatory evidence, a plea of
_________ shall be entered for him.
a. Guilty
b. Not guilty
c. Exculpatory plea
d. None of the above

43.Who has the burden of proof in a bail application?


a. The accused
b. The prosecution
c. The court
d. None of the above

44.No bail shall be allowed after a judgement of conviction has become final,
except;
a. If after finality the accused applies for probation
b. If before finality the accused applies for probation
c. If the penalty imposed is less than 6 years
d. If the penalty imposed is more than 6 years

45.May the accused be allowed to testify in his behalf?


a. No, he cannot be compelled to be a witness against himself
b. Yes, but subject to cross examination on matters covered by direct
examination.
c. No, his silence shall not in any manner prejudice him
d. None of the above

46.The motion to quash shall be in writing, signed by the _____________________


and shall distinctly specify its factual and legal grounds.
a. Accused only
b. Counsel of the accused only
c. Accused and his counsel
d. Accused or his counsel
47.If the maximum penalty to which the accused may be sentenced is destiero, he
shall be released after how many days of preventive imprisonment?
a. 30 days
b. 6 months
c. 6 years
d. None of the above
48.If the accused consented to the provisional dismissal of his case, and
subsequently within the period provided for by the Rules of Court the criminal
action is revived, the accused may invoke double jeopardy.
a. No, he can not
b. Yes, he can
c. Maybe
d. None of the above

49.One of the conditions of bail is that the failure of the accused to appear at the
trial without notice shall be deemed a waiver of his right to be present thereat, in
such case the trial may proceed in _________.
a. Moto proprio
b. In absentia
c. As a matter of discretion
d. As a matter of right

50.Who is a counsel de oficio


a. A lawyer chosen by the accused
b. A lawyer appointed by the court
c. A private lawyer
d. A public attorney’s lawyer

You might also like