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NAME ____________________________ SCORE _______

Date _____________________ Time ________
Identify what is being described in each item. USE CAPITAL LETTER. ERASURE(S) WILL INVALIDATE YOUR
ANSWER.

1. It is 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. TRIAL
2. After Arraignment, accused in case of his non-appearance despite due notice simply
means that he thereby waives his right to meet the witnesses face to face, among
others. TRIAL IN ABSENTIA
3. Witness is only assured that his or her particular testimony and evidence derived from
it will not be used against him or her in a subsequent prosecution USE AND
DERIVATIVE USE IMMUNITY
4. It is an examination of a man’s house, buildings or other premises, or of his person,
with a view to the discovery of some evidence of guilt to be used in the prosecution of
a criminal action for some offense with which he is charged. SEARCH
5. Such questions as have the tendency to show the commission of a crime and
perpetrator thereof. SEARCHING QUESTION AND ANSWERS
6. An order in writing issued in the name of the Peopleof 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. SEARCH WARRANT
7. It is the physical taking of a thing into custody; contemplates a forcible disposition of
the owner. SEIZURE
8. One of two or more persons jointly charged with thecommission of a crime but who is
discharged with his consent as such accused so that he may be a witness for the state.
STATE WITNESS
9. A limited protective search of outer clothing for weapon. STOP & FRISK
10. Witness can no longer be prosecuted for any offense whatsoever arising out of the act
or transaction. TRANSACTIONAL IMMUNITY
11. A proceeding for review by which the whole case is transferred on the higher court.
APPEAL
12. It means for bringing the accused into court and informing him of the nature and cause
of the accusation against him. ARRAINGMENT
13. Taking a person into custody in order that he may be bound to answer for the
commission of some offense, made by an actual restraint of the person or by his
submission to custody. ARREST
14. It is a remedy afforded to the offended party to have the property of the accused attached
as security for the satisfaction of any judgment that may be recovered from the
accused. ATTACHMENT
15. Security given for the release of a person in custody of law, furnished by him or a
bondsman, conditioned upon his appearance before any court as required. BAIL
16. He is counsel appointed by the court to representand defend the accused in case he
cannot afford to employ one himself. COUNSEL DE OFICIO
17. Sworn written statement charging a person with an offense, subscribed by the offended
party, any peace officer or other public official charged with the enforcement of the law
violated. COMPLAINT
18. Trial once commenced shall continue from day to day as far as practicable until
terminated; but it may be postponed for a reasonable period of time for good cause.
CONTINOUS TRIAL SYSTEM
19. It is an action by which the State prosecutes a person for an act or omission punishable
by law. CRIMINAL ACTION
20. It is the authority to hear and try a particular offense and impose the punishment for
it. CRIMINAL JURISDICTION
21. 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.
CRIMINAL PROCEDURE
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22. Where the evidence of the parties in a criminal case are evenly balanced, the
constitutional presumption of innocence should tilt in favor of the accused who must
be acquitted. EQUIPOSE RULE
23. It is a process which authorizes the search and seizure of things, in a general manner.
It does not specify or describe with particularity the things to be searched and seized.
GENERAL WARRANT
24. This kind of warrant is VOID as it infringes on the constitutionalmandate requiring
particular description of the things to be seized. SHOTGUN WARRANT
25. Is available when a person is imprisoned beyond the maximum penalty imposed by law.
HABEAS CORPUS
26. It is not confined to trial but embraces the several stages of litigation, including the pre-
trial stage. HEARING
27. An obligation under seal given by accused with one or more sureties and made payable
to proper officer with the condition to be void upon performance by the accused of such
acts as he may legally be required to perform. BAIL BOND
28. It literally means a short or condensed statement. The purpose of the brief is to present
to the court in concise form the points and questions in controversy, and by fair
argument on the facts and law of the case, to assist the court in arriving at a just and
proper conclusion. BRIEF
29. Is used to correct only errors of jurisdiction and not errors of judgment of an inferior
court. CERTIORARI
30. Involves any questioning initiated by law enforcement officers after a person has been
taken into custody or otherwise deprived of his freedom of action in any significant
way. CUSTODIAL INVESTIGATION
31. It is an objection by one of the parties in an action, to the effect that the evidence which
his adversary produced is insufficient in point of law, whether true or not, to make out
a case or sustain the issue. DEMURRER TO EVIDENCE
32. Accusation in writing charging a person with an offense, subscribed by the fiscal and
filed with the court. INFORMATION
33. Adjudication by the court that the accused is guilty or no guilty of the offense charged,
and the imposition of the proper penalty and civil liability provided by law on the
accused. JUDGMENT
34. It is a process issued by the court after conviction to carry out the final judgment.
MITTIMUS
35. A hypothetical admission that even if all the facts alleged were true, the accused still
cannot be convicted due to other reasons. MOTION TO QUASH
36. The rehearing of a case already decided but before the judgment of conviction therein
rendered has become final, whereby errors of law or irregularities are expunged from
the record or new evidence is introduced or both steps are taken. NEW TRIAL
37. Is a dismissal of the criminal case by the government before the accused is placed on
trial and before he is called to plead, with the approval of the court in the exercise of
its judicial discretion. NOLLE PROSEQUI
38. The conditional release of an offender from a penal or correctional institution after he
has served the minimum period of his prison sentence under the continued custody of
the state and under conditions that permit his re-incarceration if he violated the
conditions of his release. PAROLE
39. Process whereby the accused and the prosecution in a criminal case work out a
mutually satisfactory disposition of the case subject to court approval. It usually
involves the defendant's pleading guilty to a lesser offense or to only some of the counts
of a multi-count indictment in return for a lighter sentence than that for the greater
charge. PLEA BARGAINING
40. It is one which arises in a case, the resolution of which is a logical antecedent of the
issue involved therein and the cognizance of which pertains to another tribunal.
PREJUDICIAL QUESTION
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41. Inquiry or proceeding to determine if there is sufficient ground to engender a well-

founded belief that a crime cognizable by the RTC has been committed, and that the
respondent is probably guilty thereof, and should be held for trial. PRELIMINARY
INVESTIGATION
42. It is an offense which, under the law existing at the time of its commission and of the
application for admission to bail may be punished with death. CAPITAL OFFENSE
43. It is the testimony of a witness taken upon oral questions or written interrogatories, in
open court, but in pursuance of a commission to take testimony issued by a court, or
under a general law or court rule on the subject, and reduced to writing and duly
authenticated, and intended to be used in preparation and upon the trial of a civil or
criminal prosecution. DEPOSITION
44. A complaint or information must charge only one offense, except when the law
prescribes a single punishment for various offenses. DUPLICITY OF THE OFFENSE
45. It is a plea without information as to all the circumstances affecting it; based upon a
mistaken assumption or misleading information or advice. IMPROVIDENT PLEA
46. Such facts and circumstances which would lead a reasonably prudent man to believe
that a crime has been committed and the thing to be searched for and seized is in the
place to be searched. PROBABLE CAUSE
47. Disposition under which a defendant after conviction and sentences, is released
subject to conditions imposed by the court and to the supervision of a probation officer.
PROBATION
48. State of the case which, after full considerationof all the evidence, leaves the mind of
the judge in such a condition that he cannot say that he feels an abiding conviction,
to a moral certainty, of the truth of the charge. REASONABLE DOUBT
49. Obligation of record entered into before some court of magistrate duly authorized to
take it, with the condition to do some particular act, the most usual condition in
criminal cases being the appearance of the accused for trial. RECOGNIZANT
50. When the accused admits the act or omission charged inthe complaint/information
but interposes a lawful defense, the trial court may allow the accused to present his
defense first and thereafter give the prosecution the opportunity to present his rebuttal
evidence. REVERSE TRIAL

TEST II. MULTIPLE CHOICE. Select the best answer by shading the letter of the correct answer
on the separate answer sheet provided. Use CAPITAL LETTERS ONLY.

_____ 1. Which law determines the jurisdiction of the court?

a. The law in force at the time of the commission of the offense.
b. The new law promulgated while the case is pending.
c. The law at the time of the arrest.
d. The law as of the time when the action is filed.
_____ 2. If during the proceedings, the court finds that it has no jurisdiction, the court
shall…
a. Release the accused c. Amend the information
b. Dismiss the case d. Decide on the merits of the case
_____ 3.The particular country or geographical area in which court with jurisdiction
may hear and determine a case.
a. venue c. tribunal
b. court d. jurisdiction
_____ 4. A system of criminal procedure where every citizen to which the injured party
belongs may bring the accusation against a person suspected as the offender.
a. Accusatorial system c. Inquisitorial system
b. Mixed system d. Criminal Justice system
_____ 5. For which offenses is the time of the commission of the offense not essential?
a. Offenses committed during night time
b. Violation of Sunday Statutes (Election Law)
c. Abortion
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d. Infanticide
_____ 6. What is the lifetime of a warrant of arrest?
a. no limitation of the period
b. within ten (10) days from its receipt
c. after expiration of ten (10) days from receipt
d. none of the above
_____ 7. The prescriptive periods for violations of municipal ordinances shall prescribe
after…
a. three (3) months c. one (1) month
b. two (2) months d. one (1) year
_____ 8. When a complaint or information had been filed in court without a
preliminary investigation, the accused may ask for a preliminary investigation within
___ days from the time he learns of its filing.
a. five (5) days c. fifteen (15) days
b. ten (10) days d. thirty (30) days
_____ 9. If the offended party dies during the pendency of the case, is the criminal
liability of the accused extinguished?
a. Yes, it is extinguished c. No, it is not extinguish
b. Partial extinguishment d. A and B
_____ 10. Crimes where some acts material and essential to the crimes and requisite
to their commission occur in one municipality or territory and some acts are done in
other places.
a. continuing offense c. Sunday offenses
b. transitory offenses d. none of the above

_____ 11. When should an arrest be made?

a. on any day
b. at any time of the day
c. at any time of the night
d. on any day and at any time of the day and night
_____ 12. Can you file a case against a juridical person?
a. Yes c. No
b. It depends d. None of the above
_____ 13. The following officers are authorized to conduct preliminary investigation,
except:
a. Judges of the MTC c. City Prosecutors
b. Provincial Prosecutors d. Chief of Police
_____ 14. If homicide or murder is committed with the use of an unlicensed firearm,
how many offenses are there?
a. only one (1) offense
b. two (2) offenses
c. one offense (1) aggravated by the use of unlicensed firearm
d. murder/homicide and illegal possession of unlicensed firearm
_____ 15. It defines crimes, treats of their nature and provides for their punishment.
a. Constitutional Law c. Criminal Law
b. Substantive Law d. Procedural Law
_____ 16. The application for search warrant may be filed with the following, except…
a. any court within whose territorial jurisdiction a crime was committed
b. any court within the judicial region where the crime was committed
c. any Regional Court in the Philippines
d. Any court within the judicial region where the warrant shall be enforced
_____ 17. The following are the requisites for the issuance of a warrant of arrest,
except…
a. it must be issued upon probable cause
b. the probable cause must be personally determined by the judge
c. particularly describing the place to be searched
d. particularly describing the person to be seized
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_____ 18.Other than “military courts”.

a. Sandigan Bayan c. Supreme Court
b. Regular Court d. Civilian Court
_____ 19. Who certifies that no conciliation or settlement was reached before the
Lupon?
a. Lupon Chairman c. Lupon Secretary
b. LuponTagapamayapa d. Barangay Chairman
_____ 20.The power or authority given by the law to a court or tribunal to hear and
determine certain controversies.
a. venue c. court
b. jurisdiction d. tribunal
_____ 21. The peace officer when he seizes the property shall give ___ to the lawful
occupant of the premises in whose presence the search and seizure was made.
a. delivery receipt c. official receipt
b. detailed receipt d. all of the above
_____ 22. Who may issue warrant?
a. Police Officer c. Prosecutor
b. Judge d. All of the above
_____ 23. Which of the following crimes can be prosecuted even without the complaint
of the offended party?
a. Adultery c. Concubinage
b. Rape d. Acts of Lasciviousness
_____ 24. These are amendments involving the recital of facts constituting the offense
and determinative of the jurisdiction of the court.
a. substantial amendment c. necessary amendment
b. formal amendment d. A and C
_____ 25. After a complaint for a private crime has been filed in court, what is the
effect of pardon by the offended party?
a. Will not have any effect on the prosecution of the offense.
b. Will have effect on the prosecution of the offense.
c. Will have effect on the dismissal of the case.
d. Will not have effect in the promulgation of the decision.
_____ 26. When a police officer is not searching for evidence against the accused but
nonetheless inadvertently comes across such evidence whose incriminating nature is
immediately apparent.
a. warrantless arrest c. plain view doctrine
b. search warrant d. fruit of a poisonous tree

_____ 27. A search warrant is issued to seize personal property. Which is not
included?
a. Subject of the offense
b. Personal property with no direct relation to the offense
c. Stolen or embezzled and other proceeds or fruits of the offense
d. Used or intended to be used as the means of committing an offense
_____ 28. A sworn written statement charging a person with an offense, subscribed by
the offended party, any peace officer, or other public officer charged with the
enforcement of the law violated.
a. Information c. Affidavit
b. Complaint d. Warrant
_____ 29. Police officers went to a house to execute a search warrant. They found a
pistol on the table, but the pistol was not included in the search. Can they seize the
pistol?
a. Yes, if it unlicensed c. No, its not mala prohibita
b. No, if it is licensed d. Yes, its mala prohibita
_____ 30. The following are the requisites for a valid exercise of criminal jurisdiction,
except one.
a. Jurisdiction of the court
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b. Jurisdiction over the subject matter

c. jurisdiction over the territory
d. jurisdiction over the person
_____ 31. A search warrant shall be valid for…
a. ten (10) days from its receipt c. more than ten (10) days
b. ten (10) days from its date d. less than ten (10) days
_____ 32. When should the error in the name or identity be raised by the accused?
a. before the arraignment c. during the arraignment
b. after the arraignment d. all of the above
_____ 33. Under the rules, a preliminary investigation is not required before the filing
of a complaint or information where the penalty for the offense is…
a. at least six (6) years and one (1) day
b. less than four (4) years, two (2) months and one (1) day
c. exceeding six (6) years
d. exceeding four (4) years, two (2) months and one (1) day
_____ 34. In what case is a sworn written complaint is required?
a. Robbery with rape c. Theft
b. Defamation d. A and B
_____ 35. If the warrant was executed even before the expiration of the ten (10) day
period, can the peace officer use the warrant again before it expires?
a. No, if the purpose for which it was issued has already been carried out.
b. Yes, if the search was not finished within one day, can still be used the next
day.
c. It depends if the Judge allows after the report of the peace officer in court.
d. A and B
_____ 36. It means that a criminal action should be filed in the place where the crime
is committed.
a. Jurisdiction over the person
b. Territorial jurisdiction
c. jurisdiction over the subject matter
d. None of the above
_____ 37. Which statement is correct regarding the Rule on Search of House, Room or
Premises to be made in presence of two witnesses?
a. The two (2) witnesses rule applies even in the presence of the lawful occupants.
b. The two (2) witness rule applies only in the absence of the lawful occupants.
c. The two (2) witness rule applies regardless whether or not the lawful occupants is
present
d. All of the above-mentioned
_____ 38. It 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. writ of habeas corpus
b. search warrant d. state of emergency
_____ 39. What is the general rule on duplicity of offenses?
a. A complaint or information must charge only one offense.
b. A complaint or information must charge all offenses.
c. A complaint or information must charge compound crimes.
d. A complaint or information must charge complex crimes.
_____ 40. Duty of the police officer or court in relation to the things seized illegally.
a. Confiscate in favor of the government
b. Return to the owner even though the things is mala prohibita
c. Return to the owner unless it is mala prohibita
d. Stored for safe keeping to be used as evidence.
_____ 41. Which of the following is not within the jurisdiction of the MTC?
a. Offenses involving damages to property through criminal negligence.
b. Dangerous Drug cases.
c. Cases involving Batas PambansaBlg. 22.
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d. Cases where the penalty is below six (6) years.

_____ 42. The taking of a person into custody in order that he may be bound to
answer for the commission of an offense.
a. prosecution c. arrest
b. arraignment d. habeas corpus
_____ 43. If the investigating fiscal does not find any cause to hold respondents for
trial, he shall…
a. dismiss the complaint
b. file the information
c. recommend the dismissal of the complaint
d. make another complaint
_____ 44. It is imperative that the officer makes himself known to the person to be
arrested. This statement is…
a. wholly true c. wholly false
b. partly true d. partly false
_____ 45. The following are exceptions when the parties may go directly to court,
except one.
a. Where the accused is under detention
b. Where a person is deprived of personal liberty
c. Where actions are coupled with provisional remedies
d. Where the action may not be barred by the Statute of Limitations
_____ 46. The following may be submitted by the respondent in a preliminary
investigation, except…
a. counter affidavit c. motion to dismiss
b. witness counter affidavit d. supporting documents
_____ 47. The following may conduct a preliminary investigation:
a. Provincial or City fiscals c. Judges of the lower court
b. National or Provincial Prosecutors d. All of the above
_____ 48. If the offended party dies before he is able to file a complaint,
a. his heirs can file in his behalf
b. his heirs cannot file in his behalf
c. his rights is transmissible to his heirs
d. all of the above
_____ 49. Summary inquiry conducted by a prosecutor for the purpose of determining
whether the warrantless arrest of a person was based on probable cause.
a. preliminary investigation c. inquest
b. determination of probable cause d. criminal procedure
_____ 50. Jurisdiction over the person of the accused is acquired in the following
circumstances, except one.
a. upon his submission to the court
b. upon his arrest
c. upon his conviction
d. upon his voluntary surrender