ARELLANO UNIVERSITY

COLLEGE OF CRIMINOLOGY
PASIG BRANCH
COURSE AUDIT 2 ( COA 2 )
POST TEST_06 - CRIMINAL PROCEDURE AND COURT TESTIMONY
Prepared by: Prof. Atty. BRIAN B. GUERRERO

1. It is this government official who has the authority to conduct preliminary

investigation, file an information in Court, and control the prosecution of actions
in Court.
a. Judge c. Public Prosecutor
b. Police Officer d. Private Prosecutor

2. It 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 procedure c. Civil Procedure
b. Evidence d. Special Proceedings

3. This is the branch of government that has the authority to provide for, and
amend the Rules on Criminal Procedure.
a. House of Representatives c. Congress
b. Office of the President d. Supreme Court

4. It is the authority to hear and try a particular offense and impose punishment for
it. Without this, the court cannot hear, try and decide a particular case.
a. Criminal Jurisdiction c. Criminal Procedure
b. Evidence d. Bail

5. It is an accusation in writing, charging a person with an offense, subscribed by

the prosecutor and filed with the Court.
a. Complaint c. Judgment
b. Information d. Jurisprudence

6. Which among the following is an exception to the general rule 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 action
b. When the offended party reserves his right to file a separate civil action
c. When the offended party institutes a civil action prior to the criminal action
d. All of the above

7. It is that which arises in a case the resolution of which is the logical antecedent
of the issue involved therein, and the cognizance of which pertains to another
tribunal. It must be determinative of the case before the court, but the
jurisdiction to try and resolve the question must be lodged in another court or
tribunal.
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 a. Inquest Proceeding c. Evidence
b. Preliminary Investigation d. Prejudicial Question

8. It is an inquiry or proceeding to determine whether there is sufficient ground to

engender a well-founded belief that a crime has been committed and the
respondent is probably guilty thereof, and should be held for trial.
a. Preliminary Investigation c. Trial
b. Inquest Proceeding d. Petition for Bail

9. These officers are authorized to conduct Preliminary Investigation, except:

a. State Prosecutor c. Private Prosecutor
b. Assistant City Prosecutor d. Provincial Prosecutor

10. It is the taking of a person into custody in order that he may be bound to
answer for the commission of an offense.
a. Bail c. Search and Seizure
b. Arrest d. Stop and Frisk

11. Which among the following is not a requisite for valid exercise of criminal
jurisdiction?
a. Jurisdiction over the subject matter
b. Jurisdiction over the territory
c. Jurisdiction over the person of the complainant
d. Jurisdiction over the person of the accused

12. Which among the following is the General Rule in the Institution of Criminal and
Civil actions?
a. When the offended party waives the civil action
b. 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.
c. When the offended party reserves his right to institute a separate civil
action
d. When the offended party institutes a civil action prior to the criminal action

13. How Criminal Jurisdiction is being determined?

a. Determined by the allegations in the complaint or information not by the
results of proof or by the trial court’s appreciation of the evidence presented.
b. Determined by the nature of the offense and/or penalty attached thereto
c. Determined by what may be meted out after trial.
d. All of the above

14. Requisite for Valid Exercise of Criminal Jurisdiction

a. Jurisdiction over the subject matter
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 b. Jurisdiction over the territory
c. Jurisdiction over the person of the accused
d. All of the above

15. When an offense has just been committed and he has probable cause to
believe based on personal knowledge of facts or circumstances that the person
to be arrested has committed it.
a. In flagrante delicto arrest c. Arrest of an escapee
b. Arrest in hot pursuit d. Criminal Apprehension

16. When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense.
a. In flagrante delicto arrest c. Arrest of an escapee
b. Arrest in hot pursuit d. Criminal Apprehension

17. Defined as 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. Resolution c. Preliminary Investigation
b. Judgment d. Inquest Proceeding

18. This doctrine provides that where the parties in a criminal case are evenly
balanced, the constitutional presumption of innocence should tilt the scale of
justice in favor of the accused and must be acquitted.
a. Equipoise Rule c. Dura Lex Sed Lex
b. Ignorantia Legis Non Excusat d. Presumption of Regularity

19. The presence of the accused is required during:

a. Arraignment c. Promulgation of Judgment
b. For his identification d. All of the above

20. Preliminary investigation is mandatory in the following:

a. In offenses with penalty of less than 4 years 2 months and 1 day
b. In offenses with penalty of 4 years 2 months and 1 day and above
c. Where the person is detained
d. Where the person is arrested without warrant

21. Prior to the issuance of a search warrant, the judge must:

a. conduct judicial determination of probable cause
b. conduct personal examination of the complainant
c. examine through searching questions the witnesses and
complainant
d. adopt the complaint without probing and asking questions

22. A warrant of arrest may be implemented:

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 a. Any time of the day c. Time specified in the warrant
b. Day time only d. Office hours

23. The rights of the accused during trial are the following, except:
a. Right against self-incrimination
b. Right to speedy trial
c. Right to be counseled during custodial investigation
d. Right to appeal

24. What remedy should be taken against issuance of a general warrant?

a. Motion to Post Bail
b. Motion to Quash
c. Motion to Dismiss
d. Motion for Reinvestigation

25. The possible remedies after promulgation of judgment are the following,
except:
a. Appeal to Court of Appeals
b. Appeal to Regional Trial Court
c. Appeal to Secretary of Justice
d. Appeal through Certiorari to the Supreme Court

26. The Search warrant may be quashed if:

a. If it particularly describes the place to be searched
b. If it only indicates one specific offense
c. If it particularly described the things to be seized
d. If the address of the place to be searched is not sufficient

27. Which is an invalid warrantless search?

a. inspection of a public utility vehicle during election period
b. frisking the body of a person who has just committed a crime
c. body checks before boarding the airplane
d. police officer at checkpoint searching the car and the driver

28. Bail is a matter of right in these instances, except:

a. Posting bail pending trial
b. Posting bail after conviction of the crime of murder
c. Posting bail after conviction of the crime of slight physical injuries in MTC
d. Posting bail before conviction of a case filed in MTC

29. When is a searching inquiry mandatory?

a. When accused entered into plea bargaining
b. When accused makes an improvident plea
c. When accused plead guilty to a capital offense
d. When accused makes a conditional plea

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30. In a search as an incident of an arrest, the arresting officer may conduct bodily
search against a person arrested to confiscate which of the following?
a. Objects which are per se illegal c. Fruits of the crime
b. Evidence of the case d. All of the above

31. The following are examples of a valid warrantless arrest except:

a. Arresto Mayor c. Arrest of an escapee
b. Arrest in hot pursuit d. In flagrante delicto arrest

32. This 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 therein and bring it before the Court.
a. Warrant of Arrest c. Search Warrant
b. Subpoena duces tecum d. Subpoena ad testificandum

33. A search warrant is valid for how many days?

a. Ten days c. Five days
b. Thirty days d. Twenty days

34. The following are examples of valid warrantless searches and seizures except:
a. searches not in “plain view” c. stop and frisk situations
b. consented searches d. search incidental to a lawful arrest

35. It 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 specified.
a. Information c. Warrant of Arrest
b. Bail d. Search warrant

36. It is at this stage that the accused, for the first time, is granted the opportunity
to know the precise charge that confronts him. The information is read to him
and he is asked whether he pleads guilty or not guilty as charged.
a. Judgment c. Pre-Trial
b. Cross-Examination d. Arraignment

37. It is a process whereby the accused, the offended party and the prosecution
work out a mutually satisfactory disposition of the case subject to court approval.
It usually involves the accused pleading guilty to a lesser offense.
a. Plea bargaining c. Cross Examination
b. Pre-Trial d. Arraignment

38. An arraignment of the accused can be suspended during:

a. When he is of unsound mind
b. When there exists a prejudicial question
c. A petition for review is pending before the Department of Justice
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 d. All of the above

39. The following are the purposes of pre-trial, except:

a. Plea bargaining c. Offer of Evidence
b. Stipulations of facts d. Marking of evidence

40. Term use to describe searches or arrest warrants that are not particular as to
the person to be arrested or the property to be seized. It is one that allows the
"seizure of one thing under a warrant describing another" and gives the officer
executing the warrant the discretion over which items to take.
a. Scatter-shot warrants c. Bench warrant
b. General Warrant d. Quo warranto

41. A search warrant/warrant of arrest that is issued for more than one offense.
a. Scatter-shot warrants c. Bench warrant
b. General Warrant d. Quo warranto

42. Finding of not guilty based on the merits.

a. Permanent Dismissal c. Acquittal
b. Provisional Dismissal d. Desistance

43. Grounds for New Trial

a. Newly discover evidence
b. Irregularities in the trial prejudicial to the substantial rights of the accused
c. Errors of law prejudicial to the substantial rights of the accused
d. None of the above

44. When to file motion for new trial?

a. Before promulgation of judgment
b. At any time before a judgment of conviction becomes final
c. After the prosecution formally rests it case
d. After arraignment

45. Degree of proof required to convict an accused and overcome presumption

of innocence?
a. Preponderance of evidence
b. Clear and convincing evidence
c. Proof beyond reasonable doubt
d. Substantial evidence

46. The degree of proof as to exclude the possibility of error and produce absolute
certainty?
a. Preponderance of evidence
b. Clear and convincing evidence
c. Proof beyond reasonable doubt
d. Substantial evidence
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47. The following are the elements of judgement, EXCEPT
a. the controversy c. existence of probable cause
b. the authority to decide d. the decision

48. Provisional dismissal ordered by MTC is becomes permanent after:

a. 1 year c. 3 years
b. 2 years d. 5 years

49. Provisional dismissal ordered by RTC is becomes permanent after:

a. 1 year c. 3 years
b. 2 years d. 5 years

50. Prohibits the prosecution for a crime of which he has been previously convicted
or acquitted.
a. Prejudicial question c. Exclusionary rule
b. Double jeopardy d. Ex post facto law

-End of Exam-

February 27, 2024