CFE CRIMINAL PROCEDURE

1. An accusation in writing changing a person with an offense subscribed by the prosecutor

and filed with the court is known as.
a. COMPLAINT c. BLOTTER
b. INFORMATION d. CHARGE SHEET
2. Preliminary investigation is required before the filing of information or complaint where
the penalty for the offense is. –
a. AT LEAST 4 YEARS 2 MONTHS AND 1 DAY IRRESPECTIVE OF THE
AMOUNT OF FINE
b. AT LEAST 4 YEARS 2 MONTHS AND 1 DAY DEPENDING ON THE AMOUNT
OF FINE
c. EXCEEDING 4 YEARS, 2 MONTHS AD 1 DAY DEPENDING ON THE AOUNT
OF FINE
d. AT LEAST 6 YEARS 2 MONTHS AND 1 DAY IRRESPECTIVE OF THE
AMOUNT OF FINE
3. Taking a person into custody in order that he may be bound to answer for the
commission of the offenses is known as –
a. BAIL c. ARREST
b. ARRAINGMENT d. JUDGMENT
4. Arrest is valid even without a warrant when an offense has just been committed and the
arresting officer has probable cause to believe based on personal knowledge and of
facts and circumstances that the person to be arrested has committed it. This is known
as –
a. FRUIT OF THE POISONOUS TREE DOCTRINE
b. DOCTRINE OF PRO REO
c. DOCTRINE OF HOT PURSUIT
d. DOCTRINE OF LAST CLEAR CHANCE
5. Upon conviction by the Regional Trial Court of an offense not punishable by death,
reclusion Perpetua of life imprisonment, bail is a matter of –
a. RIGHT
b. AUTOMATICALLY NOT ALLOWED
c. DISCRETION
d. ANY OF THE ABOVE
6. In designating an offense, the information of complaint must indicate the following
except? –
a. AGGRAVATING CIRCUMSTANCE
b. ACTS OR OMISSION CONSTITUTING THE OFFENSE
c. DESIGNATION GIVEN BY STATUE
d. MITIGATING CIRCUMSTANCE
7. Which of the following is not a requisite of Criminal Jurisdiction? –
a. JURISDICTION OVER THE TERRITORY
b. JURISDICTION OVER THE VICTIM
c. JURISDICTION OVER THE PERSON OF THE ACCUSED
d. JURISDICTION OVER THE SUBJECT MATTER
8. During arraignment, the information must be read to the accused in –
a. ENGLISH LANGUAGE ALWAYS
b. LANGUAGE KNOWN TO THE COUNSEL
c. LANGUAGE OR DIALECT KNOWN TO HIME
d. NO REQUIREMENT OF READING
9. The process whereby the accused and the prosecutor in criminal cases work out a
mutually satisfactory disposition of the case subject to count approval is known as –
a. ARRAINGMENT
b. PRE-TRIAL
c. PLEA BARGAINING
d. JUDGMENT
10. The complaint for adultery or concubinage can only be filed by –
a. DAUGTHER
 b. SON
c. OFFENDED SPOUSE
d. ALL OF THEM
11. Boy Tulak was convicted of section 5 or RA 9165 for sale of shabu. Is the judgement of
conviction final? –
a. YES, IMMEDIATELY FINAL
b. NO, IT BECOMES FINAL UPON THE LAPSE OF FIFTEEN DAYS FROM
PROMULGATION OF JUDGEMENT
c. NO, IT BECOMES FINAL UPON THE LAPSE OF FIFTEEN DAYS
PROMULGATION OFNJUDGMENT
d. YES, IF THE COURT PROVIDES AN ORDER
12. The effect of the institution of criminal action with proper officer or authority –
a. INTERRUPTS THE PERIOD OF PRESCRIPTION
b. WAIVER OF RIGHT TO FILE SEPARATE ACTION
c. EXTINGUISHED THE CRIMINAL LIABILITY
d. ALL OF THEM
13. In search incidental to lawful arrest, the arrest must be –
a. ILLEGAL
b. LEGAL
c. INVALID
d. UNLAWFUL
14. What refers to the adjudication by the court that he accused is guilty or not guilty of the
offense charged, and the imposition of proper penalty and civil liability provided for by
law on the accused? –
a. CONVICTION
b. JUDGMENT
c. DECISION
d. CONCLUSION
15. Time when the accused may move to quash the complaint or information shall be done –
a. AFTER PLEA
b. DURING TRIAL
c. BEFORE PLEA
d. AFTER PLEA
16. Which of the following instances where the presence of the accused is required? -
a. ARRAINGMENT
b. DURING TRIAL FOR IDENTIFICATION PURPOSES
c. PROMULGATION OF JUDGMENT
d. ALL OF THE ABOVE
17. The venue of criminal action is the court of the municipality where the –
a. ACCUSED RESIDES
b. OFFENSE WAS COMMITTED
c. VICTIMES RESIDES
d. NONE OF THE ABOVE
18. Exception to the rule that in institution or filing of the criminal action includes the
institution therein of the civil action for recovery of civil liability arising from the offense
charged includes –
a. WAIVER OF THE CIVIL ACTION
b. CIVIL ACTION FILED PRIOR TO THE CRIMINAL ACTION
c. RESERVATION OF CIVIL ACTION
d. ALL OF THEM
19. John Lloyd intends to file a case of adultery against his wife Ellen for having sexual
intercourse with Derek. For Adultery to pursue, John Lloyd should file a case against
a. ELLEN ONLY
b. DEREK AND ELLEN
c. DEREK ONLY
d. NONE OF THE ABOVE
20. Criminal cases where one of the accused is a minor is within the jurisdiction of –
a. MUNICIPALTRIAL COURT
 b. FAMILY COURT
c. COURT OF APPEALS
d. ALL OF THE ABOVE
21. The period to file a motion for reconsideration or motion for new trial is within –
a. 15 days from promulgation of judgment
b. 10 DAYS FROM RECEIPT OF DECISION
c. 30 days from promulgation of judgment
d. 15 days from the presentation of the last witness f
22. The court of general jurisdiction refers to –
a. Municipal Trial Court
b. Court of Appeals
c. REGIONAL TRIAL COURT
d. Supreme Court
23. Within days from receipt of subpoena and complaint, the respondents may file his or
her counter- affidavit and of his or her witnesses –
a. 5
b. 15
c. 10 DAYS
d. 20
24. What doctrine gives a fresh period of fifteen days to appeal is counted from the denial of
the motion for reconsideration or new trial? –
a. NEYPES DOCTRINE
b. Doctrine of fruit of poisonous tree
c. New trial doctrine
d. None of the above
25. What is filed in order to correct errors of law or fact in judgment and does not require any
further proceeding? –
a. MOTION FOR RECONSIDERATION
b. Motion for new trial
c. Motion for relief from judgment
d. Demurrer to Evidence
26. What is the plea of the accused when he refuses to plead or makes a conditional plea? –
a. Guilty
b. CONDITIONAL PLEA
c. Not guilty
d. All of them
27. 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 courts refers to. –
a. Ransom
b. BAIL
c. Penalty
d. Fine
28. Officers authorized to conduct preliminary investigations are the following, EXCEPT? –
a. City or Provincial Prosecutor
b. PUBLIC ATTORNEY’S OFFICE
c. National Prosecutor
d. Ombudsman
29. The following is an effect of an appeal, EXCEPT? -
a. ITS OPENS THE WHOLE CASE FOR REVIEW,
b. ITS REVIEWS THE DAMAGES
c. ITS REVIEWS THE PENALTY
d. NONE OF THE ABOVE
30. Traffic violation are within the jurisdiction of –
a. Regional Trial Court
b. Court of Appeals
c. MUNICIPAL TRIAL COURT
d. Supreme Court
31. A Search Warrant may be issued for the search and seizure of which among the
following personal property? –
a. subject of the offense
b. stolen or embezzled or are the proceeds or fruits of an offense
c. used or intended to be used as the means of committing an offense
d. ALL OF THE ABOVE
32. What refers to the examination before a competent tribunal according to the laws of the
land of the facts put in issue in a case for the purpose of determining such issue? –
a. Pre-trial
b. TRIAL
c. Plea-bargaining
d. Mediation
33. Which of the following rights of the accused cannot be waived? –
a. Confirmation
b. Right to Appeal
c. BE INFORMED OF THE NATURE AND CAUSE OF THE ACCUSATION
d. Right to Compulsory Process
34. Which of the following constitutes waiver of any irregularity attending arrest? –
a. POSTING BAIL
b. Filing a petition for bail
c. Entering a Plea
d. All of the above
35. What refers to facts and circumstances which would lead a reasonably discreet and
prudent man o believe that an offense has been committed by the person to be
arrested? –
a. Proximate Cause
b. PROBABLE CAUSE
c. Possible Cause
d. No Cause
36. Which among the following are grounds for suspension of arraignment? –
a. Prejudicial question
b. ACCUSED OF UNSOUND MIND
c. Petition for review before the Department of Justice or Office of the President
d. All of the above
37. The act of setting a witness face-to-face with the accused so that may make any
objection he has to the witness is known as the –
a. Right to appeal
b. Right to compulsory process
c. Right of confrontation
d. RIGHT TO CONFRONTATION
38. To be considered as newly discovered evidence, it must be shown that –
a. EVIDENCE WAS DISCOVERED AFTER TRIAL
b. It is material not merely cumulative or corroborative
c. Evidence could not have been discovered and produced at the trial even with
exercise of reasonable diligence
d. All pf the above
39. What is the mode of Appeal from Municipal Trial courts to regional trial court? –
a. Petition for review
b. NOTICE OF APPEAL
c. Petition for certiorari
d. None of the above
40. The effect of discharge of an accused to be a state witness is-
a. conviction
b. Acquittal
c. Dismissal of the case
d. Revival of the case
41. Which of the following instances where bail shall be deemed automatically cancelled? –
a. the acquittal of the accused
 b. the dismissal of the case
c. the execution of the judgment of conviction
d. All of the above
42. Preliminary investigation should be conducted to –
a. SECURE THE INNOCENT AGAINST HASTY
b. MALICIOUS AND OPPRESSIVE PROSECUTION, PROTECT THE ACCUSED
FROM INCONVENIENCE, EXPENSES AND BURDEN OF DEFENDING
HIMSELF IN A FORMLA TRIAL,
c. DETERMINE IF A CRIME HAS BEEN COMMITTED
d. ALL OF THE ABOVE
43. The rules on Criminal Procedure are promulgated by the –
a. Congress
b. SUPREME COURT
c. President
d. Judges
44. What refers to the authority to hear and decide a case? –
a. Venue
b. JURISDICTION
c. Trial
d. Arraignment
45. Who among the following may issue a warrant of arrest? –
a. MTC Judge only
b. BOTH MTC AND RTC JUDGE
c. RTC Judge only
d. Municipal Mayor
46. The death of the accused after arraignment and during the pendency of criminal action
shall –
a. not extinguish the criminal liability
b. EXTINGUISH THE CIVIL LIABILITY
c. Extinguish the criminal liability
d. All of the above
47. The execution of a warrant of arrest shall be done –
a. Within 10 days from issuance
b. Within 10 days from its receipt
c. WITHIN TEN (10) DAYS FROM ITS DATE
d. Within 10 days from filing or information
48. What refers to undertaking constituted as lien on the real property given as security for
the amount of bail?
a. Recognize
b. PROPERTY BOND
c. Corporate surety bond
d. Depends on the accused
49. What is the effect if the accused did not personal enter his plea? –
a. Valid arraignment
b. Depends on the discretion of the court
c. NO VALID ARRAIGNMENT
d. Depends on the accused
50. Which among the following may be filed after the prosecution rested its case? –
a. Motion to quash
b. DEMURRER TO EVIDENCE
c. Motion for reconsideration
d. Motion for bail
51. The burden of showing that the evidence of guilt is strong at the hearing of an
application for bail rested on the.
a. Defense
b. Prosecution
c. Accused
 d. Court
52. Boy Sabog, a resident of Municipality of Kapawa raped Inday Mahinhin, a
resident of Municipality of Kadulom. The incident happened in Municipality of
Kalipay. The place of trial should be at.
a. Municipality of Kalipay
b. Municipality of Kadulom
c. Municipality of Kapawa
d. Any of the above
53. The part appealing in an appeal is known as
a. Appellant
b. Respondent
c. Appellee
d. Counsel de officio
54. Which of the following is not a requisite of trial in absentia?
a. The accused has been arraigned
b. His failure to appear is unjustified
c. Accused has been notified of the trial
d. His failure to appear is justified
55. Arraignment shall be made within how many days from the date the court
acquires jurisdiction over the person of the accused?
a. 10
b. 15
c. 20
d. 30
56. What may an officer do if he needs assistance in affecting arrest?
a. Used unreasonable force
b. Orally summon as many persons to assist him in effecting arrest
c. Wait for backup
d. All of the above
57. Presumption of innocence can only be overcome by what quantum or weight of
evidence?
a. Preponderance of evidence
b. Substantial evidence
c. Proof beyond reasonable doubt
d. All of the above
58. What is the period of validity of the search warrant?
a. 30 days
b. 15 days
c. 5 days
d. 10 days
59. If the court takes cognizance of a case in the first instance, the jurisdiction is
a. Exclusive jurisdiction
b. Concurrent jurisdiction
c. Original jurisdiction
d. Appellate jurisdiction
60. During Pre-trial, the following are conducted EXCEPT?
a. Stipulation of facts
b. Modification of trial
c. Marking of evidence
d. Question the validity of information
61. As a general rule, a complaint or information must charge only
a. Two offenses
b. One offense
 c. Three offense
d. None of the above
62. Which of the following is not a ground for motion to quash?
a. Court trying the case has no jurisdiction over the offense charged
b. Court has no jurisdiction over the person of the accused
c. Officer who filed the information had no authority to do so
d. Court trying the case has jurisdiction over the offense charged
63. In criminal cases, the prosecution needs to prove the following EXCEPT?
a. Each and every element of the crime charged in the information
b. Where there be two or more accused, the prosecution must prove the
conspiracy and the participation of each of the several accused in the
commission of the crime
c. All aggravating circumstances, whether ordinary, special or qualifying, as
are alleged in the information
d. All mitigating circumstances
64. What court has jurisdiction over violations of Republic Act No. 3019 where one or
more of the accused are officials of the executive branch occupying the position
of regional and higher?
a. Municipal trial court
b. Court of appeals
c. Regional trial court
d. Sandiganbayan
65. In all criminal actions, the venue is
a. Jurisdictional
b. Not jurisdictional
c. Optional
d. None of the above
66. Order issued by the court compelling a person to testify is known as
a. Warrant of arrest
b. Subpoena ad testificandum
c. Subpoena duces tecum
d. Search warrant
67. Which is not one of the guidelines in the fixing of the amount of bail?
a. Financial ability of the accused to give bail
b. Height and sex of the accused
c. Age and health of the accused
d. All of the above
68. Where the evidence of the parties in a criminal case is evenly balanced, the
constitutional presumption of innocence should tilt in favor of the accused who
must be acquitted. This is known as
a. Taint doctrine
b. Equipoise rule/doctrine
c. Fruit of the poisonous tree doctrine
d. Processual doctrine
69. In the prosecution for the crime of rape, accused Boy Sakalam volunteered to
present evidence first ahead of the prosecution. Can Boy Sakalam present
evidence first without violating the rules?
a. Yes, for the speedy disposition of the case
b. Yes, accused has the option to present first
c. No, it violates accused right to be presume innocent
d. No, it needs the approval of the court
70. The offender who is still undergoing preliminary investigation is referred to as
a. Accused
 b. Suspect
c. Respondent
d. Defendant
71. The following is an instance of valid warrantless search EXCEPT?
a. Checkpoint
b. Search incidental to lawful arrest
c. Search of moving vehicles
d. Search incidental to unlawful arrest
72. During preliminary investigation, if the investigating prosecutor found no probable
cause, he must
a. File an info ration
b. Dismiss the complaint
c. Suspend the proceeding
d. All of the above
73. What remedy is granted by law to an arresting officer if the person refuses
admittance to an enclosure or building?
a. Right to break out
b. Right to break in
c. Right to damage
d. All of the above
74. Private crimes may only be prosecuted by a complaint filed by
a. Police officer
b. Any public officer
c. Offended party
d. All of the above
75. Jurisdiction is conferred by
a. Contract
b. Law
c. Parties
d. All of the above
76. What is the process in which cases are reviewed by a higher authority, where
parties request a formal change to an official decision?
a. Trial
b. Judgment
c. Appeal
d. Motion for reconsideration
77. When is Bail as a matter of right?
a. Before or after conviction by the metropolitan, municipal or
municipal circuit trial court
b. Upon conviction by the regional trial court
c. Before conviction by the regional trial court
d. Upon preliminary investigation
78. What court has exclusive original jurisdiction of all offenses punishable with
imprisonment of not more than six years?
a. Court of appeals
b. Regional trial court
c. Supreme court
d. Sandiganbayan
79. In cases cognizable by the Court of Appeal in the exercise of their appellate
jurisdiction are appealable to the
a. Regional trial court
b. Municipal trial court
c. Supreme court
 d. Sandiganbayan
80. What is the proper time to object to the illegality of arrest?
a. After arraignment
b. During trial
c. Before arraignment
d. After judgment
81. Violations of municipal or city ordinance are within the jurisdiction of
a. Municipal trail court
b. Courts of appeals
c. Regional trial court
d. After judgment
82. The following is a form of a valid complaint or information EXCEPT?
a. In the name of the people of the Philippines
b. Orally made
c. Against all person responsible involved
d. In writing
83. The official proclamation or announcement of judgement is known as
a. Entry of judgment
b. Modification of judgment
c. Promulgation of judgment
d. All of the above
84. Sherman was accused of the crime of homicide of judgement is known as
a. No, homicide is non-bailable
b. Yes, before his conviction, bail is a matter of right
c. Yes, only when evidence of guilt is not strong
d. No, only after his conviction
85. When can there be modification of order of trial?
a. When the accused cannot be found
b. When the accused interposes self- defense
c. When the accuse admits the crime
d. When the accused denies the crime
86. Which of the following constitutes waiver of any irregularity attending arrest?
a. Posting bail
b. Filing a petition for bail
c. Entering plea
d. All of the above
87. What court has the jurisdiction over the crimes punishable with imprisonment not
exceeding six years?
a. Municipal trial courts
b. Metropolitan trial courts
c. Municipal circuit trial courts
d. All of the above
88. What determines territorial jurisdiction?
a. The place where the accuse resides
b. The place where the crime was committed
c. The place where the victim resides
d. The place where there is a police station
89. Arrest can be made at
a. Daytime
b. Any time of the day and night
c. Night time
d. None of the above
90. Which of the following statements is correct regarding the finality of judgments?
 a. A judgement becomes final if the accused does not waive in writing his rigt
to appeal
b. A judgment becomes final if the accused files appeal
c. A judgment becomes final upon the lapse of five days from its
promulgation
d. A judgment becomes final if the accused applies for probation
91. It is not necessary to state in the complaint or information the precise time at
which the offense was committed. However, in one of the following crimes, time
of the commission is an essential element, thus, it must be alleged in the
complaint or information.
a. Parricide
b. Abortion
c. Infanticide
d. Malicious mischief
92. What refers to the legal process issued by court directing the arrest of a person
or persons upon the grounds stated therein?
a. Search warrant
b. Warrant of arrest
c. Writ of habeas corpus
d. All of the above
93. Who may initiate the prosecution for the crime of seduction?
a. Minor
b. Guardian of the minor
c. Parents of the minor
d. All of the above
94. What is the effect in case of a conflict between the designation of the crime and
the designation and the recital of facts constituting the offense?
a. Latter prevails over the former
b. Former prevails over the latter
c. Case is dismissed
d. None of them
95. Judgment becomes final under the following, EXCEPT?
a. After the lapse of time for perfecting an appeal
b. When the accused has expressly waived in writing his right to appeal
c. When accused has applied for probation
d. When accused filed an appeal
96. What is the duty of the court if the accused guilty to a capital offense?
a. Conduct searching inquiry
b. Ask the accused to submit evidence
c. Require the prosecution to submit evidence
d. All of the above
97. No person shall be compelled to be a witness against himself, this right refers to
a. Right to appeal
b. Right against self- discrimination
c. Right to be informed
d. Right to be presumed innocent
98. Which of the following courts is considered to be a court of last report?
a. Regional trial court
b. Supreme court
c. Court of appeals
d. Municipal trial court
99. All criminal actions commenced by a complaint or information shall be
prosecuted under the direction and control of the
 a. Judge
b. Defense counsel
c. Prosecutor
d. Victim
100. Right to bail from.
a. Right to appeal
b. Presumption of innocence
c. Due process
d. Equal protection clause