Practice Exam: CLJ - Criminal Procedure (Set 34)
30-question practice exam on Rules of Criminal Procedure, jurisdiction, and court processes.
1. Which court has original and exclusive jurisdiction over a criminal case where the penalty prescribed by law is imprisonment of more than 6 years?
A.Municipal Trial Court
B.Regional Trial Court
C.Sandiganbayan
D.Court of Appeals
2. A complaint for a crime cognizable by the Municipal Trial Court (MTC) is filed directly with the MTC. Who can conduct the preliminary investigation?
A.The MTC Judge
B.The prosecutor, as a matter of course
C.The MTC judge, only if no prosecutor is available
D.Both the judge and the prosecutor simultaneously
3. In which of the following instances is the Sandiganbayan's jurisdiction NOT engaged, even if the accused is a high-ranking public officer?
A.The offense committed is in relation to the office.
B.The offense charged has a penalty of less than prision mayor or a fine not exceeding P10,000.
C.The offense is a violation of the Anti-Graft and Corrupt Practices Act (RA 3019).
D.The offense is bribery (cohecho).
4. What is the rule on venue in criminal cases?
A.Venue is always with the court nearest the residence of the accused.
B.The action must be instituted and tried in the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred.
C.Venue can be waived by the accused.
D.The complainant can choose the venue for convenience.
5. An information charges an accused with an offense where the penalty is destierro. Which court has jurisdiction?
A.Regional Trial Court
B.Municipal Trial Court
C.Sandiganbayan
D.Family Court
6. What is the primary distinction between a complaint and an information?
A.A complaint is for light offenses, while an information is for grave offenses.
B.A complaint is a sworn written statement subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated, while an information is an accusation in writing subscribed by the prosecutor.
C.A complaint is filed with the police, while an information is filed directly with the court.
D.A complaint requires a preliminary investigation, while an information does not.
7. Criminal actions shall be instituted as follows:
A.For offenses requiring a preliminary investigation, by filing the complaint with the court.
B.For offenses requiring a preliminary investigation, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation.
C.For all offenses, by filing the complaint or information directly with the court.
D.For offenses not requiring a preliminary investigation, by filing the complaint with the prosecutor's office.
8. An offense is committed by a public officer in relation to his office. The institution of the criminal action must be:
A.With the approval of the Ombudsman.
B.By filing the complaint or information with the Sandiganbayan or the appropriate court.
C.Always initiated by the Solicitor General.
D.Initiated through a verified complaint by the Commission on Audit.
9. A private citizen files a complaint directly with the Municipal Trial Court for an offense that does not require preliminary investigation. What is the judge's next step?
A.The judge shall personally evaluate the evidence, and if he finds probable cause, he may issue a warrant of arrest.
B.The judge must refer the complaint to the prosecutor for the filing of an information.
C.The judge must dismiss the case for improper filing.
D.The judge will immediately set the case for arraignment.
10. When can a complaint or information be amended without leave of court?
A.After the accused has been arraigned.
B.When the amendment would downgrade the nature of the offense.
C.Before the accused enters his plea.
D.Never, all amendments require leave of court.
11. A police officer sees Juan stabbing Pedro. The officer can arrest Juan without a warrant because:
A.The person to be arrested has committed, is actually committing, or is attempting to commit an offense in his presence.
B.An offense has just been committed, and he has probable cause to believe based on personal knowledge that the person to be arrested has committed it.
C.The person to be arrested is a prisoner who has escaped from a penal establishment.
D.It is a case of hot pursuit.
12. Which of the following is NOT a requisite for a valid warrantless arrest based on "personal knowledge"?
A.An offense has just been committed.
B.The arresting officer has probable cause to believe that the person to be arrested committed it.
C.The officer has received a reliable tip from an informant.
D.The probable cause is based on the officer's personal knowledge of facts or circumstances.
13. When executing a warrant of arrest, the officer must inform the person to be arrested of:
A.His right to bail immediately.
B.The cause of the arrest and the fact that a warrant has been issued for his arrest.
C.The name of the complainant.
D.His Miranda rights.
14. What is the "hot pursuit" doctrine in warrantless arrests?
A.The police can chase a suspect indefinitely until caught.
B.It refers to an arrest made after an offense has just been committed and the arresting officer has probable cause based on personal knowledge to believe the person to be arrested committed it.
C.It allows breaking into a building where the suspect has fled.
D.It is an arrest of a fugitive from justice.
15. A person is lawfully arrested without a warrant for a crime. For how long can he be detained without being charged in court if the offense is punishable by a capital penalty?
A.12 hours
B.18 hours
C.36 hours
D.48 hours
16. Bail is a matter of right:
A.Before or after conviction by the RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment.
B.Before conviction by the MTC.
C.After conviction by the RTC of an offense where the penalty imposed is more than 6 years but not more than 20 years.
D.In all cases involving public officers.
17. When is bail considered discretionary?
A.After conviction by the MTC.
B.Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment.
C.Before conviction for an offense punishable by reclusion perpetua, when evidence of guilt is strong.
D.Before conviction for an offense punishable by life imprisonment, when evidence of guilt is not strong.
18. An accused is charged with an offense punishable by reclusion perpetua. He applies for bail. What must the court do?
A.Deny the application outright as the offense is non-bailable.
B.Conduct a hearing to determine whether the evidence of guilt is strong.
C.Grant bail as a matter of right.
D.Grant bail on the condition that the accused will not leave the country.
19. What is "recognizance" as a form of bail?
A.A cash deposit made with the court.
B.A lien on the real property of the accused or a surety.
C.A contract or obligation entered into before a court by a person or his custodian to appear at a specific time.
D.A corporate surety bond.
20. Can bail be granted after a final judgment?
A.No, bail is only available before final judgment.
B.No, once a judgment has become final and executory, the accused can no longer be granted bail, except for a specific instance.
C.Yes, if the accused is a first-time offender.
D.Yes, if the accused petitions for probation.
21. What happens during arraignment?
A.The prosecution presents its evidence.
B.The accused is informed of his right to counsel.
C.The information is read to the accused in a language he understands and he is asked to plead guilty or not guilty.
D.The pre-trial conference is conducted.
22. If the accused refuses to plead or makes a conditional plea, what should the court do?
A.Dismiss the case.
B.Hold the accused in contempt.
C.A plea of not guilty shall be entered for him.
D.Proceed to trial without a plea.
23. Which of the following is NOT a purpose of a pre-trial conference in a criminal case?
A.Plea bargaining
B.Stipulation of facts
C.Determining the guilt or innocence of the accused
D.Marking of evidence
24. A person charged with a crime for which the law prescribes a penalty of reclusion perpetua wishes to enter a plea of guilty. What is the duty of the court?
A.Immediately sentence the accused based on his plea.
B.To conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and require the prosecution to prove his guilt and the precise degree of culpability.
C.Refuse the plea of guilty and enter a plea of not guilty.
D.Offer the accused a lower penalty in exchange for the plea.
25. What is an "improvident plea"?
A.A plea of not guilty entered by the court.
B.A plea of guilty made by an accused without fully understanding its nature and consequences.
C.A plea of guilty to a lesser offense.
D.A conditional plea of guilty.
26. What is the order of trial in a criminal case?
A.Defense, Prosecution, Rebuttal, Sur-rebuttal
B.Prosecution, Defense, Rebuttal, Sur-rebuttal
C.The court determines the order of trial.
D.The accused can choose whether to present evidence first.
27. When can an accused file a demurrer to evidence?
A.Before arraignment.
B.After the prosecution rests its case.
C.After the defense rests its case.
D.At any time during the trial.
28. A judgment of conviction must contain:
A.Only the penalty imposed.
B.Only the finding that the accused is guilty.
C.A clear and distinct statement of the facts and the law upon which it is based.
D.A summary of the testimony of the witnesses.
29. From a judgment of conviction by the Regional Trial Court in the exercise of its original jurisdiction, where should the appeal be made?
A.To the Supreme Court.
B.To the Court of Appeals.
C.To the Sandiganbayan.
D.A new trial should be requested in the same RTC.
30. What is the effect of an appeal in a criminal case?
A.The judgment is immediately executory.
B.The accused must begin serving the sentence.
C.The appeal shall throw the whole case open for review and a new judgment may be entered.
D.The appeal is limited only to the errors assigned by the appellant.