On

Criminal Procedure Review Questions 1


1. In the study of constitutional limitations on police power, which landmark doctrine establishes that any evidence obtained through an illegal search and seizure in violation of constitutional rights is inadmissible in a court of law (popularly known as the "Fruit of the Poisonous Tree" or the Exclusionary Rule)?

A. Miranda v. Arizona

B. Mapp v. Ohio

C. Gideon v. Wainwright

D. Terry v. Ohio


Answer: B



2. During a custodial investigation, a person in custody must be informed of their right to remain silent and their right to have competent and independent counsel, preferably of their own choice. This universally adopted procedural safeguard against self-incrimination originated from which historic case?

A. Gideon v. Wainwright

B. Mapp v. Ohio

C. Miranda v. Arizona

D. Escobedo v. Illinois


Answer: C



3. The fundamental right of an accused to be assisted by counsel during trial, ensuring that even indigent defendants are provided with a court-appointed lawyer at the expense of the state to guarantee a fair trial, is rooted in the principles of which case?

A. Mapp v. Ohio

B. Miranda v. Arizona

C. Gideon v. Wainwright

D. Furman v. Georgia


Answer: C



4. A police officer conducts a raid on a suspect's home without a valid search warrant and discovers incriminating documents. If the suspect's defense lawyer successfully moves to suppress this evidence to prevent the prosecution from using it at trial, the lawyer is primarily relying on the legal precedent set by which case?

A. Mapp v. Ohio

B. Miranda v. Arizona

C. Gideon v. Wainwright

D. Marbury v. Madison


Answer: A



5. A police officer witnesses a man running out of a convenience store holding a knife and a blood-stained bag of money, while the store clerk is screaming for help. The officer immediately chases and arrests the man without a warrant. Under Rule 113, Section 5 of the Revised Rules on Criminal Procedure, what is the specific classification of this warrantless arrest?

A. In flagrante delicto arrest

B. Hot pursuit arrest

C. Arrest of an escaped prisoner

D. John Doe's arrest


Answer: B



6. Under the current 2024 DOJ-NPS Rules on Preliminary Investigations, a formal preliminary investigation is strictly required to be conducted only for criminal offenses carrying what minimum prescribed penalty?

A. At least 4 years, 2 months, 1 day

B. At least 6 years and 1 day  

C. At least 12 years and 1 day

D. For all offenses with jail time


Answer: B



7. As a general rule, all criminal actions must be prosecuted under the direction and control of the public prosecutor. However, in cases of private crimes like seduction, abduction, or acts of lasciviousness, who must exclusively file the complaint to successfully initiate the criminal action?

A. The Chief of Police

B. The offended party or parents

C. Any citizen with knowledge

D. The Barangay Captain


Answer: B



8. The accused was charged with the crime of Murder, which carries the penalty of reclusion perpetua. During the bail hearing, the prosecution successfully demonstrated that the evidence of guilt against the accused is strong. How does the court rule on the bail application?

A. Granted as a matter of right

B. Denied by judicial discretion

C. Granted with double the amount

D. Denied as a matter of right


Answer: B



9. What is the legal consequence if an accused refuses to plead, or makes a conditional plea, during their formal arraignment before the trial court?

A. Arraignment is postponed

B. Automatic conviction judgment

C. A "not guilty" plea is entered

D. Case is dismissed immediately


Answer: C



10. A search warrant was legally issued by a judge on June 1st. The police officers were heavily occupied with another high-profile case and were only able to execute the raid on June 15th. What is the status of the search warrant used during the June 15th operation?

A. Valid until cancelled by the judge

B. Void after ten days from the date

C. Valid due to a 30-day window

D. Voidable by motion to quash


Answer: B



11. A person is charged with an offense punishable by eight years of imprisonment under the law. After trial, the judge imposes a sentence of only four years due to mitigating circumstances. Which court has jurisdiction over the case?

A. Municipal Trial Court (MTC)

B. Regional Trial Court (RTC)

C. Metropolitan Trial Court (MeTC)

D. Municipal Circuit Trial Court (MCTC)


Answer: B. In Philippine criminal law, jurisdiction over the subject matter is determined by the maximum penalty prescribed by law for the offense charged, not by the penalty ultimately imposed by the judge after considering mitigating or aggravating circumstances.  


Under Batas Pambansa Blg. 129 (The Judiciary Reorganization Act of 1980), as amended by Republic Act No. 7691:

- Municipal Trial Courts (MTC) have exclusive original jurisdiction over offenses punishable with imprisonment not exceeding six (6) years.  

- Regional Trial Courts (RTC) have exclusive original jurisdiction over offenses where the penalty prescribed by law exceeds six (6) years of imprisonment.  


Because the offense charged carries a penalty prescribed by law of 8 years (which exceeds 6 years), jurisdiction is vested exclusively in the Regional Trial Court at the onset of the trial. The judge’s decision to reduce the sentence to 4 years due to mitigating circumstances does not strip the RTC of the jurisdiction it already acquired.



12. A petitioner files a petition for a Writ of Habeas Corpus, alleging that his brother is being unlawfully detained by local police officers without a court order. Which of the following is the primary purpose of this writ?

A. To recover monetary damages for illegal arrest

B. To determine the lawfulness of a person’s restraint or detention

C. To prevent the destruction of personal electronic data

D. To compel the government to locate a missing person without assessing custody legalities


Correct Answer: B

Explanation: Under Rule 102 of the Rules of Court and established Philippine jurisprudence (Villavicencio v. Lukban), the essential object of the writ of habeas corpus is to inquire into the cause of restraint of a person and release them if the detention is found to be unlawful. It does not award monetary damages or focus primarily on missing data.



13. A human rights activist receives verified death threats from military personnel and notices surveillance outside her home. Fearful for her life, she files a petition for a Writ of Amparo. What level of evidence is required to establish her claim?

A. Proof beyond reasonable doubt

B. Preponderance of evidence

C. Substantial evidence

D. Clear and convincing evidence


Correct Answer: C

Explanation: Under Section 17 of the Rule on the Writ of Amparo (A.M. No. 07-9-12-SC), the parties must establish their claims by substantial evidence. This quantum of proof requires such relevant evidence as a reasonable mind might accept as adequate to support a conclusion (Razon v. Tagitis).



14. An individual discovers that a government intelligence agency maintains an accurate digital file on his private transactions and threatens to leak it online to ruin his reputation. Which remedy should he seek to update, rectify, or suppress this personal data?

A. Writ of Amparo

B. Writ of Habeas Data

C. Writ of Kalikasan

D. Writ of Mandamus


Correct Answer: B

Explanation: The Writ of Habeas Data (A.M. No. 08-1-16-SC) is an independent judicial remedy designed to protect an individual's right to informational privacy, particularly when their life, liberty, or security is violated or threatened by the unlawful gathering, collecting, or storing of data or information regarding their person (Gamboa v. Chan).



15. A public officer refuses to perform a specific, non-discretionary duty required by law despite a clear legal obligation to do so. Which special civil action should the aggrieved party file?

A. Writ of Quo Warranto

B. Writ of Habeas Corpus

C. Writ of Mandamus

D. Writ of Continuing Mandamus


Correct Answer: C

Explanation: Under Rule 65 of the Rules of Court, a Writ of Mandamus lies when any tribunal, corporation, board, officer, or person unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust, or station, and there is no other plain, speedy, and adequate remedy.



16. A local community notices severe environmental damage and deforestation in a nearby protected mountain range affecting two major municipalities. Which extraordinary legal remedy can be directly filed with the Supreme Court or Court of Appeals?

A. Writ of Amparo

B. Writ of Kalikasan

C. Writ of Habeas Data

D. Writ of Prohibition


Correct Answer: B

Explanation: Under Section 1, Rule 7 of the Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC), the Writ of Kalikasan is available on behalf of persons whose constitutional right to a balanced and healthful ecology is violated or threatened, involving environmental damage of such magnitude as to prejudice the life, health, or property of inhabitants in two or more cities or provinces.  



17. A state official continuously fails to enforce national environmental laws regarding a polluted river system despite repeated court warnings. The court issues a special writ that directs the agency to perform its duties and remains active under court supervision until full satisfaction of the judgment. What is this writ called?

A. Writ of Continuing Mandamus

B. Writ of Certiorari

C. Writ of Amparo

D. Writ of Injunction


Correct Answer: A

Explanation: A Writ of Continuing Mandamus is issued by a court requiring an agency or officer to perform an act decreed by law for the protection of the environment, where the court retains jurisdiction to monitor compliance through periodic progress reports until the judgment is fully executed (Metropolitan Manila Development Authority v. Concerned Residents of Manila Bay).


Criminal Law and Jurisprudence Review Questions 1


Evidence Reviewer