1. A return of a writ of habeas corpus is considered
Leave of court is required for an amendment of a
prima facie evidence of the cause of the detention if:
a. made by a public officer.
b. made by a private person.
c. the detention is pursuant to a warrant of
arrest.
2. When a person is detained by a private person, the
writ of habeas corpus is directed:
a. to the said private person.
b. to an officer of the law.
c. to any person designated by the court.
d. none of the above.
3. Habeas Corpus issued by the Regional Trial Court
(RTC) is enforceable only in:
a. the territorial jurisdiction of the RTC that
issued it.
b. the place where the person is actually
detained.
c. in the judicial region to which the RTC that
issued it pertains.
d. none of the above.
4. Judgments of the Regional Trial Court rendered in
the exercise of its appellate jurisdiction may be
assailed:
a. by ordinary appeal to the Court of Appeals
b. by petition for review to the Supreme Court
c. by petition for review to the Court of Appeals
d. by ordinary appeal to the Supreme Court
e. by appeal by certiorari to the Supreme Court
5. When must an accused not under preventive
detention be arraigned?
a. Within 30 days after the filing of the
complaint or information against him.
b. Within 30 days after the approval of his
bail bond.
c. Within 30 days from the date the court
has acquired jurisdiction over his
person.
6. The court may allow an accused to plead guilty to a
lesser offense necessarily included in the offense
charged against him, if his offer to so plead is
consented to by:
a. the public prosecutor
b. the private offended party
c. the public prosecutor and the private
offended party
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7.
complaint or information even before the accused
has been arraigned, if the amendment:
a. is of a substantial nature
b. upgrades the nature of the offense from
a lower to a higher offense
c. includes another accused
d. downgrades the nature of the offense
from a higher to a lower offense or
excludes any accused
8. When is a preliminary investigation required?
a. In all cases regardless of the penalty for
the offense charged.
b. In cases where the penalty for the
offense charged is below four (4) years,
two (2) months and one (1) day of
prisioncorreccional.
c. In cases where the minimum penalty for
the offense charged is four (4) years,
two (2) months and one (1) day of
prisioncorreccional.
9. When is an order sustaining a motion to quash a bar
to a prosecution for the same offense?
a. If the ground thereof is lack of
jurisdiction of the court over the offense
charged.
b. If the ground thereof is that the
complaint or information charges two or
more offense, which do not constitute a
complex offense.
c. If the ground thereof is the prescription
of the offense or the penalty therefore.
10. When is the authentication of a private
document offered in evidence not required?
a. When it is offered as an authentic
document.
b. When it is more than 30 years old,
produced from a custody in which it
would naturally be found if genuine, and
is unblemished by any alteration or
circumstance of suspicion.
c. When it is less than 30 years old at the
time of its presentation.
11. Which of the following is not correct? A party
against whom a witness testified may impeach the
latter by:
a. contradictory evidence
b. evidence that his general reputation for
truth, honesty or integrity is bad
 c. evidence that he has made at other
times statements inconsistent with his
present testimony
d. evidence of particular wrongful acts
committed by the witness
12. When is the extra-judicial confession of an
accused sufficient for conviction?
a. Even without corroboration thereof by
evidence of corpus delicti.
b. Only when it is corroborated by
evidence of corpus delicti.
c. Regardless of whether or not it is
corroborated by evidence of corpus
delicti.
13. In a rape case, jurisdiction is conferred by:
a. law
b. complaint of offended party
c. information filed by the Prosecuting
Officer
d. all of the above
14. The public prosecutor need not be present
during the trial of a criminal case in the Regional
Trial Court:
a. when there is a private prosecutor
b. when he has turned over the active
conduct of trial to the private prosecutor
c. he should always be present unless the
chief of the prosecution office or the
regional state prosecutor has authorized
the private prosecution in writing to
prosecute the case subject to the
approval of the court
d. when he has lost controls of the
prosecution
15. The rule that a complaint or information must
charge only one offense is absolute.
a. True
b. False, this is subject to exception.
c. False, except when existing laws
prescribe a single punishment for
various offense.
d. False, except when there are several
accused with different participations in
the commission of the crime.
16. When the criminal action has already been
instituted, an application for search warrant shall be
filed in the:
a. Court within whose territorial jurisdiction
a crime was committed.
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b. Court where the criminal action is filed.
c. Court within the judicial region where
the crime was committed if the place of
the commission of the crime is known.
d. Court where the criminal action is
pending.
17. All of the following statement are true, except:
a. if the court denies demurrer to evidence
filed with leave of court, the accused
may adduce evidence in his defense
b. The motion for leave of court to file
demurrer to evidence shall be filed
within an extendible period of five (5)
days
c. The order denying the motion for leave
of court to file demurrer to evidence or
the demurrer itself shall be reviewable
by appeal or by certiorari before
judgment
d. Both B and C
18. Which of the following statement is correct?
a. Even the counsel for the accused or
prosecutor does not appear at the pre-
trial conference, they are not required to
offer an acceptable excuse for his lack
of cooperation.
b. Warrant of arrest is valid only for ten
days while a search warrant does not
expire.
c. No bail shall be allowed after a
judgment of conviction has become final
even the accused applies for probation.
d. The accused may, before arraignment,
move for a bill of particulars.
19. When is the accused allowed to file motion to
quash?
a. At any time before arraignment
b. Within 10 days after the accused has
entered his plea
c. At any time before the judgment
become final
d. After the accused has entered his plea
20. The following are allowed to conduct preliminary
investigations except:
a. Provincial or City Prosecutor and their
assistants.
b. Judges of Municipal Trial Courts and
Municipal Circuit Trial Courts
c. National and Regional State
Prosecutors
d. Special prosecutors of the Ombudsman
 c. The venue of criminal prosecution may
21. Bail is a matter of right under the following be waived same as the venue in civil
conditions: action.
d. The offended parties are allowed to
1. In MTC, MTC in Cities, MCTC before or intervene by counsel in the prosecution
after convictions of the offense when the civil action is
2. In RTC, after conviction if the penalty instituted in the criminal action.
imposed is not more than six (6) years
3. In RTC, before conviction of an offense 25. Which of the following is not a right of an
not punishable by death, reclusion accused?
perpetua or life imprisonment.
a. To be presumed innocent.
Which of the following conditions are b. To be present and defend in person and
correct? by counsel at all times.
c. Allow conference or visits by any
a. Statement No. 1 only members of his immediate family, priest
b. Statement No. 2 only or any religious organization, any
c. Statement No. 3 only medical doctors, members of national
d. Both statement No. 1 and 3 and international non-governmental
organization accredited by the
22. Which of the following are the proper grounds Commission on Human Rights and the
that the court should consider in order to properly Office of the President or by his counsel.
grant a new trial in a criminal case? d. To testify as a witness in his own behalf.

a. Errors or mistakes of counsel
b. Errors of law or irregularities prejudicial
to the substantial rights of the accused
c. New and material evidence has been
discovered which the accused could not
with reasonable diligence have
discovered and produced at the trial
d. Both B and C
23. An accused in a rape case was convicted by the
Regional Trial Court of Manila and the death penalty
was imposed upon him. The judgment shall be
reviewed by the:
a. Supreme Court
b. Court of Appeals
c. The same Regional Trial Court
d. Department of Justice
24. Which of the following statements are true and
correct?
a. Any amendment before plea, which
downgrades the nature of the offense
charged or excludes the accused from
the complaint or information can be
made only upon motion of the
prosecutor, even without notice to the
offended party and without leave of
court.
b. If it appears at the time before judgment
that a mistake has been made in
charging the proper offense the court
shall automatically dismiss the
complaint or information filed.
26. The court denied the demurrer to evidence
which the accused filed with leave of court. Hence,
the accused:
a. Loses the right to present his evidence
b. Does not lose the right to present his
evidence
c. Can be compelled by the court to
present his evidence
d. Has the option whether to present or not
his evidence.
27. The civil action which was reserved arose from
the delict and not from articles 32, 33, 24, and 2176,
new civil code. It may be filed by the offended party:
a. At any time
b. After the judgment in the criminal action
has become final regardless of whether
the accused was acquitted or convicted
c. Only if such judgment does not contain
a finding that the act or omission from
which the civil liability arises does not
exist.
28. Before an accused has been arraigned, the
prosecution may amend a complaint or information
by downgrading the offense or excluding an accused
therefrom:
a. Without leave of court
b. With leave of court
c. The consent of the accused

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29. An order granting a motion to quash is a bar to 34. For instance, the provincial or city prosecutor
another prosecution for the same offense if the promulgated an unfavorable resolution of the case,
ground thereof is: where can be accused file a petition for review of the
said resolution?
a. The court has no jurisdiction over the
person of the accused a. Office of the President
b. The officer who signed the complaint or b. Metropolitan Trial Court
information has no authority to do so c. Regional Trial Court
c. The criminal action or liability has been d. Department of Justice
extinguished e. None of the above

30. In the court of appeals:
a. The accused has no right to move for
new trial
b. The accused has a right to move for a
new trial on any ground
c. The accused may file a motion for new
trial based on one ground newly
discovered evidence.
31. The doctrine of primacy of the criminal action,
which provides that civil action is thus suspended in
whatever stage it may be found upon the filing of the
criminal action, accepts certain exceptions. Which of
the following are among those exceptions?
a. In cases of independent civil action
b. In cases where the civil action presents
a prejudicial questions
c. When the act or omission from which
civil liability may arise did not exist
d. Both a and b
e. All of the above
32. What is the nature of the right to preliminary
investigation?
35. An escaped prisoner, then armed with a bamboo
lance, was asked by a policeman to surrender,
refused to do so and instead answered the latter
with a stroke of his lance, the policeman in pursuing
the prisoner fired his revolver and caused the death
of the prisoner. Is the act of the policeman on
resorting to extreme means will always be justified?
a. Yes, since an arresting officer is required to
act within the performance of his duty, he
must stand his ground and cannot, like a
private individual, take refuge in fight; his
duty requires to overcome his opponent.
b. No, it was provided under the Rules of Court
that no violence or unnecessary force shall
be used in making an arrest. Such provision
accepts no exception.
c. It depends, the reasonableness of the force
employed by the arresting officer must be
adjudged in the light of the circumstances as
they appeared to the officer at the time he
acted, and the means is generally
considered to that which ordinary prudent
and intelligent person with the knowledge
would have deemed necessary under the
circumstances.

a. Inquisitional 36. As a rule a private person making an arrest

b. Personal should notify the person arrested of his purpose and
c. Alternative acquaint him with the cause of the arrest, however
d. Both a and b this rule accepts certain exceptions. Which of the
e. All of the above following are those exceptions?

33. Which of the following instances will operate as
waiver of the right to preliminary investigation by the
accused?
a. If the accused fails to ask for preliminary
investigation after being aware for more than
five (5) days that the case had been filed in
court.
b. Where the accused posted a bond
c. Failure to claim it before the accused
pleaded
d. Both a and c
e. All of the above
a. Where the arrest is made at the time the
offense is committed for attempted or on
fresh pursuit;
b. When the giving of such information is
largely impracticable, as when he forcibly
resists before the person making the arrest
has the opportunity so to inform him;
c. When the giving of the information will
imperil the arrest;
d. All of the above
37. What is the nature of the right to appeal, which
is extended to the accused?

a. Statutory right
b. Absolute right
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 c. Personal right
d. Both a and c
e. All of the above
38. It is one of the modes of discovery in criminal
cases especially given to the accused, the purpose
of which is to prevent surprise, suppression, or
alteration of any written statements given by the
complainant and the other witnesses in any
investigation of the offense conducted by the
prosecution or any other investigating officers:
a. Production or inspection of evidence in the
possession of the prosecution
b. Suspension of arraignment
c. Presentation of bills of particular
d. Appointment of counsel de officio
e. Informing the accused of all the rights he
can availed of
39. When is a provisional dismissal become
permanent with respect to the offenses punishable
by imprisonment of more than six (6) years?
a. One (1) year after issuance without the case
having been revived
b. Two (2) years after the issuance without the
case having been revived
c. Fifteen (15) days after the issuance
d. Thirty (30) days after notice to the accused
e. None of the above
40. In resolving a motion to quash, the court shall
consider no ground other than those stated therein
except:
a. Double jeopardy
b. Extinction of the criminal action
c. Extinction of the criminal liability
d. Lack of jurisdiction over the subject matter or
offense charged.
41. Where the criminal action has already been filed
in the proper court, the application for the issuance
of a search warrant for the seizure of the instrument
used in the commission of the crime may be filed in:
a. Any Court in the province where the
instrument is kept.
b. The proper Court where the criminal action
has been filed or is pending
c. Any Court in the Judicial region where the
crime was committed
d. In any Court within the Judicial Region
where the accused resides
42. Who may not grant a writ of habeas corpus?
a. Any Regional Trial Court judge.
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b. The Court of Tax Appeals or any
member thereof.
c. The Court of Appeal or any member of
thereof.
d. The Supreme Court or any thereof.
43. The Sandiganbayan:
a. Has no jurisdiction over petitions for
prohibition, certiorari or mandamus.
b. Has jurisdiction, if it is in an aid of its
Appellate Jurisdiction.
c. Has jurisdiction regardless of whether it
is in aid of its appellate jurisdiction or
not.
44. While R was walking along a deserted street in
Esperanza, Agusandel Sur, a heavily tinted van
stopped behind him and five armed, masked men
alighted from the vehicle. The men grabbed R, threw
him inside the van, blindfolded him and tied his
hands behind his back. The van proceeded to
Cagayan De Oro City, passing by Agusandel Norte.
In Cagayan de Oro, the group transferred to another
van and went up to Malaybalay, Bukidnon. Upon
arriving in Malaybalay, the group met someone who,
after confirming Rs identity, gave a thick wad a
peso bills to the groups leader, T. Using a handgun,
T shot R five times at the back, instantly killing him.
What crime/s was/were committed and when court/s
have jurisdiction over the case/s?
a. The crime committed was Kidnapping with
Murder and the RTCs of Esperanza, Agusan
del Norte, Cagayan de Oro and Bukidnon
have concurrent jurisdiction over the case.
b. The crime committed was Murder and the
RTCs of Esperanza, Agusan Del Norte,
Cagayan de Oro and Bukidnon have
concurrent jurisdiction over the case.
c. The crime committed was Kidnapping with
Murder and the RTC of Esperanza has
exclusive jurisdiction over the case.
d. The crime committed was murder and the
RTC of Bukidnon has exclusive original
jurisdiction over the case.
45. N, a barangay tanod, also moonlights as driver
of cargo forwarder, transporting goods and materials
to and from the Manila South pier. One night, while
driving one of the employers cargo trucks to the
pier, N met a road mishap resulted in the opening of
some of the crates in the trucks cargo hold. Upon
inspection, N noticed that crates contained bags of
white powdery substance. Suspecting the substance
to be shabu, N immediately called a kumpadre
narcotics agent who took possession of the cargo for
laboratory examination. The cargo was confirmed to
be shabu. The shabus shipper, M, was tracked and
prosecuted for illegal possession of shabu. During
 the trial. M moved to suppress the shabu on the
ground that they were the product of an
unreasonable warrantless search, As Judge, would
you exclude the evidence?
a. Yes the search was unreasonable because
N, a barangay tanod, is a government agent
thus he should have first secure a warrant.
b. No, the warrantless search was valid under
the plain view doctrine. Supported by Ns
reasonable suspicion that the white powdery
substance was shabu.
c. Yes, there was no probable cause to
conduct a warrantless search, as shown by
the fact N had to call a narcotics agent
kumpadre to determine if the spilt cargo was
prohibited substance.
d. No, N search the cargo as a private citizen
thus, he can do so even without a warrant.
46. While patrolling an area known for high
incidence of drug related offenses, Sgt. Matalis-mata
and Sgt. Bilis-takbo came upon a group of five
teenagers standing in the curb, near a parked car.
Upon seeing the patrol car, the five teenagers
scampered in all directions. Sgt. Bilis-takbo quickly
alighted from the vehicle and chased the nearest
teenager, H, Sgt. Bilis-takbo shouted at H to stop
but H continued running. Upon rounding a corner, H
threw away something. SgtBilis-takbo, who was hot
on Hs heels scooped-up the object, and continued
the chase. Eventually, Sgt. Bilis-takbo overtook H
and patted him down. No weapons or incriminating
evidence were found. However, upon examination
by the crime lab, the object H threw on the sidewalk
turned out to be crack cocaine. During his trial for
illegal possession of prohibited substance, H
objected to the admission of the crack cocaine. As
judge would you admit the evidence?
a. Yes, the search was validly done incident to
the warrantless arrest based on probable
cause arising from the suspects suspicious
conduct in running away upon seeing the
police car.
b. No, the search was illegal because there
was no valid arrest. The suspects conduct
of running not being sufficient to engender a
well-founded belief that the suspect was
committing as a crime.
c. Yes, the evidence was obtained even before
the suspect was arrested rendering the rules
on valid search and seizure inapplicable.
d. No, the evidence should be suppressed
because the suspect was effectively already
under the policemans control, yet there was
no probable cause to effect the arrest.
47. Z, who was charge with Murder, applied for bail.
After the bail hearing, the Regional Trial Court of
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Dumaguete (RTC) found that the evidence against Z
is strong thus it denied his bail application. However,
after trial, the RTC Dumaguete found Z guilty of
Homicide only and sentenced him to an
indeterminate term of eight years and one day of
prison mayor, as minimum, to fourteen years and
eight months of reclusion temporal, as maximum
and cancelled Zs bail. Z had filed a notice of appeal
to the Court of Appeals. He wants to be freed on bail
pending his appeal. Where should Z apply for bail?
a. Z. should apply for bail in the RTC
Dumaguete which rendered judgment
against him.
b. Z should apply for bail in the CA as he had
filed a notice of appeal of a conviction for a
bailable offense.
c. Z should apply for bail in the RTC
Dumaguete which retains residual
jurisdiction over the case for purposes of
granting bail pending appeal.
d. Z should apply for bail in the CA as the trial
court had lost jurisdiction over the case upon
the filing of Zs appeal.
48. After receiving tips that marijuana shrubs are
being grown in a compound inside a subdivision,
Sgt. Liit, a narcotics agent specializing in marijuana
horticulture, checked-out the place. To his dismay,
Sgt. Liit a narcotics discovered that the compound
was walled-off by a seven-foot concrete fence. To
get a better view, Sgt. Liit climbed a nearby kaimito
tree. With the higher elevation, Sgt. Liit saw in one
corner of the compound a green house where
meter-high , marijuana like shrubs were being
grown. Sgt. Liit went down the tree. Knocked on the
compounds gate, introduced himself to the lone
caretaker, went inside the compound and uprooted
some of the shrubs. Upon examination by the crime
laboratory, the shrubs were confirmed to be
marijuana. In the hearing to suppress the evidence,
the prosecution contended that Sgt. Liit seized the
evidence under the plain view doctrine, is this
contention tenable?
a. Yes, because it was immediately apparent
to Sgt. Liit, a marijuana horticulturist, that
the shrubs were marijuana.
b. No, because the shrubs were not in plain
view as Sgt. Liit had to climb a nearby tree
to see them.
c. Yes, because Sgt. Liit, upon seeing the
shrubs, had probable cause to believe that
they were marijuana.
d. No, because Sgt. Liit had to enter the
compound in order to obtain a sample of the
marijuana.
49. Is a mandatory file search of laptops of
departing passengers at airports (that is, the
 activation of laptops and the random opening of any
of its files) reasonable?
a. Yes, because the search is just pro-forma
and there is reduced expectation of privacy
in airports.
b. No, because such search without probable
cause violates the right of passengers to the
privacy of their papers.
c. Yes, because the governments interest in
monitoring cases of violation of anti-piracy
and pornographic laws is paramount over
the passengers right to privacy.
d. No, because the governments interest in
instituting screening measures in
transportation hubs such as airports and
terminals relates to ensuring the safety of
passengers, not crimes the evidence for
which may be found in laptops.
50. Can Department of Justice prosecutors conduct
preliminary invitation of a complaint for Bribery
against a BIR Regional Director for violation of
Republic Act 3019 (Anti-Graft and Corrupt Practices
Act)?
a. Yes, as DOJ prosecutors have been with a
very broad investigatory powers.
b. No, because the Ombudsman has exclusive
original jurisdiction to investigate public
officials and employees.
c. Yes, because the DOJ prosecutors and the
Ombudsman exercise concurrent
investigatory powers over public officers.
d. No, unless the parties submit themselves to
the DOJ prosecutors
51. Which court/s has/have jurisdiction over a case
for violation of Section 3(e) of Republic Act No. 3019
(Anti Graft and Corrupt Practices Act) where the
defendants are a city mayor (salary grade 27), the
city tourism operations officer (salary grade 11) and
a computer operator (salary grade 9)?
a. The proper Regional Trial Court since two of
the respondents are officials with salary
grade 27.
b. The Sandiganbayan for the city mayor
(salary grade 27) and the proper Regional
Trial Court for the city tourism operations
officer (salary grade 11) and computer
operator (salary grade 9).
c. The Sandiganbayan since one of the
respondents is an official with salary grade
27.
d. The Sandiganbayan of the proper Regional
Trial Court, depending on which court first
acquires jurisdiction over the case.
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52. Can a prosecutor conducting a preliminary
investigation require the parties to submit a draft
Resolutions for their respective positions (that is, for
the complaint, a Resolution dismissing the complaint
for lack of probable cause) either of which he will
just adopt, depending on his evaluation of the case?
a. Yes, nothing in the Revised Rules of
Criminal Procedure prohibits such a
procedure.
b. No, as this will allow the parties to exert
undue influence on the prosecutor.
c. Yes, as this will result in the prompt
resolution of preliminary investigations.
d. No, because the prosecutor should
personally determine whether there is
probable cause to try the accused.
53. Choose one effect from the following which does
not arise or result from the filing of demurrer to
evidence.
a. The defendant does not waive his right to
offer evidence in the event his motion is
denied.
b. In case of reversal, the appellate court shall
render judgement for the plaintiff
base on the evidence alone.
c. If the motion is granted and the order of
dismissal is reversed upon appeal, the
movant loses the right to present evidence
on his behalf.
d. When the accused filed demurrer to
evidence and denies the motion to
dismiss, the accused may adduce evidence
in his defense and submits the case for
judgement on the basis of the evidence of
the prosecution.