d. Amendment that reflects typographical errors.

1. Demurrer to evidence may be filed: 14. In a preliminary investigation, which among the following
a.After the prosecution has rested its case may not be submitted by the respondent?
b. After arraignment a. Motion to dismiss c. Supporting documents
c. After trial b. Counter affidavit d. Witnesses’ counter affidavit
d. After the defense has rested its case 15. Where a preliminary investigation has been undertaken,
warrant of arrest is not necessary in the following
2. Arraignment may be suspended in the following circumstances, except:
situations; except: a. When the penalty for the offense is a fine
a. A petition for review of the resolution of the b.When there is probable cause
prosecutor is pending with the Department of c. When warrant of arrest has already been issued
Justice. d. When the information or complaint has been filed
b. There exists a prejudicial question. under section 7, rule 112.
c. The accused has been found to be of an unsound 16. Refers to the authority of the court to hear and decide
mental condition. cases.
d.There is probable cause to hold the accused a. Venue c. Jurisdiction
for trial. b. Criminal Procedure d. Jurisprudence
17. Summary procedures may be applied in the following
3. Which among the following may not be undertaken during cases. Except;
the pre-trial? a. Violation of rental laws
a. Marking of evidence c. Stipulation of facts b. Violation of traffic laws, rules and regulations
b. Examination of witnesses d. Plea c. Violation of city or municipal ordinances
bargaining d.Criminal cases where the penalty prescribed
for by law is imprisonment not exceeding
4. The rules allow the proceeding in the instant case to be six years
re-opened to avoid miscarriage of justice:
a. After the promulgation of judgment 18. Court which exercises jurisdiction over cases involving RA
b. Before promulgation of judgment 3019.
c. After finality of the judgment for conviction a. Supreme Curt c. Regional Trial Courts
d.Before the finality of judgment of conviction b. Court of Appeals d. Sandiganbayan
5. The following are valid venue for the application for
search warrant, except: 19. In the Metropolitan Trial Courts, the complaint may be
a.Any regional trial court filed with:
b. Any court within whose territorial jurisdiction the a. Office of the prosecutor c. Office of the
crime was committed judge
c. Any court within the judicial region where the b. Office of the clerk of court d. Office
crime was committed of the Ombudsman
d. Any court within the judicial region where the
warrant may be enforceable. 20. Which among the following is not an essential requisite of
6. Decisions of the Regional Trial Court may be appealed to a complaint or an information?
the Court of Appeals by: a. It must be filed in court
a. Petition for certiorari c. Petition for review on b. It must be in writing
certiorari c. It must be in the name of the People of the
b. Petition for review d. Notice of appeal Philippines
7. Within how many days after the prosecution has rested d.It must be filed with the office of the
its case, may a motion for leave to file demurrer to prosecutor
evidence be filed?
a. 5 days c. 15 days 21. Generally, the following are requisites for an information,
b. 10 days d. 30 days except:
8. Preliminary investigation is required before the filing of a. The offended party
information or complaint where the penalty for the b. Any peace officer
offense is: c. Any public officer charged with the enforcement of
a. At least 4 years, 2 months and 1 day the law violated
b. Exceeding 6 years d.Any Fiscal
c. At least 6 years
d. Exceeding 4 years, 2 months 22. The information or complaint should state the following
9. Which among the foregoing pleadings may be filed in a except:
criminal case? a. Name of the accused c. Name of the court
a. Cross claim c. Third party complainant b. Name of the offended party d. Designation of
b. Counterclaim d. Counter-affidavit the offense by statute
10. When may the reservation of the right to institute a
separate civil action shall be made? 23. When may the offended party be allowed to intervene in
a.Before the presentation of evidence of the criminal cases?
prosecution a.When he has not waived the civil action
b. Before the prosecution rests b. When he has waived the civil action
c. Before arraignment c. When he has filed the civil action before filing the
d. During the pre-trial conference criminal case
d. When he has expressly reserved the right to
11. The following except one, are valid venues, where may institute a separate civil action.
petition for suspension of criminal action by reason of a
pending prejudicial question in a civil proceeding: 24. When may bail be considered as a matter of discretion?
a. Office of the prosecutor a. In capital offenses
b. The court where the criminal case is pending b. In cases involving graft and corrupt practices of
c. The court where the civil case is pending government officials.
d. The court conducting preliminary investigation c. In cases punishable by penalties which are not
afflictive
12. Civil action for the recovery of civil damages arising from d.In capital offenses when the evidence of guilt
a criminal offense is deemed instituted with the criminal is strong
action. This rule does not apply in the following cases,
except: 25. If the crime charged is unclear, what motion may be filed
a.When the offended party institutes the before the arraignment?
criminal action a. Bill of particular c. Motion to quash
b. When the offended party waives the civil action b. Motion for new trial d. Motion to dismiss
c. When the offended party institutes the civil action
before the criminal action. 26. In cases punishable by destierro, how many days or
d. When the offended party reserves the right to preventive detention is prescribed for by law?
institute a separate civil action. a. 5 days c. 30 days
13. Amendment without court permission may be allowed in b. 15 days d. 60 days
the following instances, except:
a. Amendment as to form 27. Where may the application for bail be filed?
b.Amendment that downgrades the nature of a. Office of the prosecutor c. Court where
the offense the case is pending
c. Amendment as to substance
 b. Office of the Ombudsman d. All of the a. Prosecution, rebuttal, defense, submission
foregoing for decision
b. Defense, prosecution, rebuttal, submission
28. This system of criminal justice is conducted either at the for decision
initiative of the public prosecutor or the offended party c. Prosecution, defense, rebuttal,
and the right to appeal is limited to the defense. submission for decision
a. Fixed c. Inquisitorial d. Defense, rebuttal, prosecution, submission
b. Mixed d. Accusatorial for decision

29. Defined as a method fixed by law for the apprehension 44. A geographical division in which the action is allowed to
and prosecution of persons alleged to have committed a be brought.
crime, and for their punishment in case of conviction. a. Venue c.
a.Criminal justice system c. Criminal procedure Jurisprudence
b. Rules of court d. Rules of procedure b. Jurisdiction d. Territory

30. A system characterized by the right to confrontation, to a 45. It refers to the answer given by the accused to a charge
public trial and be heard by competent counsel. or indictment.
a. Fixed c. Inquisitorial a. Reply c. Plea
b. Mixed d. Accusatorial b. Motion d. Confession

31. The procedure in witness examination is: 46. Refers to the adjudication by the court that the accused is
a. Direct, cross, re-direct, re-cross guilty of not guilty of the offense charged, and the
examination imposition of proper penalty and civil liability provided for
b. Direct, re-direct, cross, re-cross examination by law on the accused.
c. Cross, direct, re-direct, re-cross examination a. Conviction c. Decision
d. Cross, direct, re-cross, re-direct examination b. Judgment d. Conclusion

32. A sworn statement charging a person with an offense 47. When can arrest be made?
subscribed by the offended party, any peace officer or a. At any day c. At any time of the night
other peace officer charged with the enforcement of the b. At any time of the day d. At any time
law violated. of the day or night
a. Complaint c. Blotter 48. Cases wherein the penalty does not exceed 6 months fall
b. Charge sheet d. information under the rule on:
a. Civil procedure c. Summary procedure
33. Which among the following may not be filed before the b. Criminal procedure d. Special procedure
judgment becomes final?
a. Motion to quash c. Motion for new trial 49. Who among the following is not authorized to conduct a
b. Motion for reconsideration d. Notice preliminary investigation?
of appeal a. PNP chief c. MTC judges
b. City prosecutors d. Provincial prosecutors
34. Validity of the warrant of arrest expires: 50. Criminal cases where the penalty prescribed by law for
a. After 10 days c. After 365 days the offense charged does not exceed six months falls
b.After 30 days d. No fixed under the rule on:
duration a. Criminal procedure c. Civil procedure
b. Regular procedure d. Summary procedure
35. The duty of the party to present evidence to establish his 51. Which among the following statements is true?
claim is referred to as: a.The accuse must personally enter his plea
a. Burden of proof c. Bill of particulars b. The accused may enter his plea by counsel
b. Burden of evidence d. Presentation of c. The accused may waive arraignment
evidence d. The accused must be arraigned in a court other
than where the case is assigned.
36. Which among the following is not covered by the rules on
summary procedures? 52. The right of the State to initiate criminal actions in behalf
a. Violation of traffic laws of the incapacitated victim with no known relative is:
b. Violation of rental laws a. Police power c. Habeas corpus
c. Where the penalty does not exceed 6 months b. Power of eminent domain d.
imprisonment Doctrine of parens patria
d. Where the penalty is more than six
months imprisonment 53. The following are requisites for the issuance of a warrant
of arrest, except:
37. The part of trial wherein the civil aspect of the case may a. It must be issued upon probable cause to be
be amicably settled. determined personally by the judge.
a. Plea bargaining c. Preliminary b. After examination under oath of the complainant
investigation and his witness
b. Hearing d. Pre-trial c. It must describe the person to be arrested
38. Taking of a person into custody in order that he may be d.It must describe the place to be searched
bound to answer for the commission of an offense.
Detention c. Arrest 54. What personal property cannot be seized?
Restraint d. Seizure a. Property used or intended to be used in the
commission of a crime.
39. Refers to a security given for the temporary release of a b. Property stolen or embezzled and the other fruits
person in the custody of the law. of the crime.
a. Bond c. Surety c. Property subject of the offense.
b. Bail d. Property d.Any property that can be used as an
evidence to prosecute the offender.
40. Decisions rendered by the Court of appeals may be
further elevated to what court? 55. Refers to the peril in which a person is placed when he is
a. Metropolitan Trial Court c. Court of regularly charged with a crime before any court properly
Appeals organized and competent to try him.
b. Regional Trial Court d. Supreme a. Imprisonment c. Jeopardy
Court b. Detention d. Forum shopping

41. A judicial examination and determination of the issues in 56. Who shall enter a plea of guilty?
an action or proceeding, civil or criminal. a. Defendant himself in open court c. His
a. Plea trial c. Plea bargaining authorized counsel
b.Pre trial d. Trial b. His counsel de officio d. Self confessed
accused
42. Period provided for by law to post an appeal after receipt
of judgment of conviction. 57. Any form of attestation by which a person signifies that
a.5 days c. 15 days he is bound in conscience to perform an act truthfully or
b. 10 days d. 30 days faithfully.
a. Affidavit c. Testimony
43. Order of trial is:
 b. Oath d. a. Admissibility c. Qualification
Confession b. Competency d.
58. A sworn statement in writing. Eligibility
a. Affidavit c. Testimony
b. Oath d. Confession 74. Means sanctioned by the rules of court to ascertain the
truth respecting a matter of fact.
59. After raping Josefa, Jose went on to marry the former, a. Proof c. Motive
however a sudden turn of events urged Josefa to file a b.Intent d. Evidence
criminal case of rape against her husband, what evidence
would be most vital to aid in Jose his defense? 75. A duplicate receipt signed and carbon copied at the same
a. Marriage settlement c. Testimony of the time is in terms of its evidentiary value is deemed as:
witness a. Duplicate c. Authentic
b. His testimony d. Marriage contract b. Original d. Genuine
between them
76. Exemption to the hearsay rule made under the
60. They should be objected to at the time they are being consciousness of an impending death.
offered in court. a. Parol evidence c. Dead man
a. Oral evidence c. Expert evidence statute
b. Documentary evidence d. Testimonial b. Ante mortem statement
evidence d. Mi ultimo adios

61. To appreciate this evidence, it is always a question of 77. That degree of proof which produces in the mind of as
logic and experience. unprejudiced person, that moral certainty or moral
a. Real evidence c. Relevant evidence conviction that the accused did commit the offense
b. Object evidence d. material evidence charged.
a. Ultimate fact c. Preponderance of evidence
62. Evidences whose admission is prohibited by law. b. Proof beyond reasonable doubt d.
a. Incompetent evidence c. Inadmissible Substantial evidence
evidence
b. Unreal evidence d. None of these 78. Circumstantial facts and declarations incidental to the
main fact; means things done
63. An agreement made between two or more parties as a a. Factum probans c. Res gestae
settlement of matters in question. b. Factum prbandum d. Owes probandi
a. Compromise c. Plea
bargaining 79. In this sort of action, a person merely acknowledges
b. Stipulation d. Contract certain facts but does not admit his guilt.
a. Testimony c. Confession
64. In admission by third party, the rights of a party cannot b. Admission d. Extra-judicial confession
be prejudiced by an act, declaration or omission of
another, except: 80. When a categorical statement of guilt was made before a
a. Admission by a co- partner/ joint owner or debtor competent tribunal we classify it as:
b. Admission by conspirator a. Confession c. Judicial confession
c. Admission by agent or privies b. Admission d. Extra-judicial confession
d.All of the foregoing
81. Any evidence whether oral or documentary wherein the
65. Refers to inferences which the law makes so preemptory probative value is not based on personal knowledge of
that it will not allow them to be overturned by any the witness but that from another.
contrary proof. a. Testimonial evidence c. Res gestae
a. Presumption c. Disputable presumption b. Dying declaration d. Hearsay
b. Conclusive presumption d. Estoppel
82. Presumption which the law makes so preemptory that it
66. When may circumstantial evidence be sufficient to obtain will not allow them to be reversed by any contrary
conviction? evidence.
a. There is more than one circumstance a. Presumption c. Conclusion
b. The facts from which the inference are derived b. Disputable presumption d.
were proven Conclusive presumptions
c. When combined proof beyond reasonable doubt
may be established 83. These questions suggest to the witness the answers to
d.All of the foregoing which an examining party requires.
67. Which among the following may be used as evidence in a a. Leading c.
judicial proceeding? Estoppel
a. Privileged conversation c. Filial privilege b. Misleading d. Res
b. Dying declaration d. Parental Gestae
privilege
84. What would overturn an alibi and denial in a hearing?
68. Occurs when the evidence adduced proves the disputed a. Testimony c. Proof
fact. b. Evidence d. Positive
a. Cumulative c. identification
Circumstantial
b. Corroborative d. Relevant 85. Prescribes the governing rules on evidence?
a. Revised Penal Code c. Rules on
69. Evidence of this kind is those which are capable of Criminal Procedure
perception. b. Constitution d. Rules of
a.Testimonial c. Real Court
b. Corroborative d. Material
70. A priest may not be able to testify on pertinent matters to 86. Factum probans means:
the case if said conversation or facts relates to that told a. Evidentiary factc. Weight of evidence
in the confession made by the: b. Ultimate fact d. Preponderance of evidence
a. Penitent c. Client
b. Patient d. Secretary 87. Evidence which has some relation to what is sought to be
proved.
71. Who among the following are automatically disqualified to a. Relevant c. Competent
take the witness stand? b. Material d. Admissible
Sick persons c. Homosexuals 88. It affects an issue in an important or substantial matter.
and lesbians a. Relevant c. Competent
Children d. Insane b. Material d. Direct
persons
89. Those evidences which are admissible in court are held to
72. Evidence which shows that a best evidence existed as to be:
the proof of the fact in question. a. Relevant c. Competent
a.Real evidence c. Secondary evidence b. Material d. Direct
b. Best evidence d. Res gestae
73. Legal fitness of a witness to be heard on the trial.
90. Refers to an evidence of the same kind adduced to prove
the same fact.
a. Real c. Corroborative
b. Cumulative d. Circumstantial

91. Additional evidence of a different kind but tending to

prove the same fact.
a. Real c.
Corroborative
b. Cumulative d. Circumstantial

92. Oral testimony given in open court.

a. Real evidence c. Testimonial evidence
b. Documentary evidence d. Admission
evidence
93. Evidence delivered in open court wherein the witness
states that he does not know whether a fact did or did not
occur.
a. Positive c. Direct
b. Negative d.
Circumstantial

94. Evidence which is sufficient to prove an issue unless

overcome or rebutted by other evidences.
a. Primary c. Prima Facie
b. Secondary d. Best

95. Given by a person of specialized knowledge in some

particular field.
a. Primary c. Secondary
b. Best d. Expert

96. That kind of evidence which cannot be rebutted or

overcome.
a. Primary c. Real
b. Best d. Conclusive
97. Cognizance of certain facts which judges may properly
take as fact because they are already known to them.
a. Cognizance c. Judicial knowledge
b. Judicial Admission d. Judicial
Notice
98. One which assumes as true a fact not yet testified to by
the witness, or contrary to that which he has previously
stated.
a. Leading c. Confusing
b. Misleading d. Res Gestae

99. When a witness affirms that a fact did or did not occur,
such testimony is said to be:
a. Relevant evidence c. Positive
evidence
b. Material evidenced. Negative evidence

100.Res gestae may be admissible with the following

requisites, except:
a. There must be a startling occurrence
b. The statement must be spontaneous.
c. The statements made must refer to the occurrence
in question and its attending circumstance.
d.It must exist previous to the controversy