Criminal Procedure Reviewer 1

1. 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.
A. Information
B. Complaint
C. Affidavit
D. Memorandum
2. Accusation in writing charging a person with an offense,
subscribed by the fiscal and filed with the court.
A. Information
B. Complaint
C. Affidavit
D. Memorandum
3. ____and____ courts gain jurisdiction over the offense upon
the filing of complaint by a complainant or an information by
the prosecuting officer.
A. MTC and CA
B. MTC and SC
C. MTC and SB
D. MTC and RTC
4. Jurisdiction of the court over the offense is determined
A. At the time of the institution of the action
B. At the time of the arrest of the accused
C. At the time of voluntary surrender of the accused
D. At the time of the commission of the offense
5. Which of the following is false.
A. A complaint is a sworn statement
B. Information must be sworn to
C. Information is filed with the court
D. A complaint is subscribed by the offended party, any
peace officer or other officer charged with
the enforcement of the law violated

6. Remedies of offended party when fiscal unreasonably

refuses to file an information or include a person therein
as an accused.

A. In case of grave abuse of discretion, action for mandamus

B. Lodge a new complaint against the offenders
C. Take up matter with the Secretary of Justice
D. All of the above
7. In Municipal Trial Courts and Municipal Circuit Trial Courts
criminal actions are instituted by
A. By filing a complaint with the appropriate officer for the
purpose of conducting requisite preliminary investigation
therein.
B. By filing the complaint ONLY with the office of the fiscal
C. By filing the complaint or information directly with said
courts, or a complaint with the fiscals office
D. None of the above
8. Which of the following offenses is subject to summary
procedure.
A. Violation of traffic laws
B. Violation of municipal or city ordinance
C. Violation of rental laws
D. All of the above
9. In criminal cases covered by the rules on summary procedure
shall be deemed commenced only when it is filed in
A. The Prosecutor's office
B. Lupon of the Barangay
C. The Court
D. None of the above
10. The filing of the complaint even with the fiscals office
should suspend the running of the Statute of Limitations.
This is
A. True
B. False
C. Partially false
D. None of the above
11. Information may be amended as to the name of the
accused, but such amendment cannot be questioned for
the first time on appeal.
A. True
B. Partially true
C. False
D. Partially false
12. Conviction for robbery cannot be sustained if there is a

variance between the allegation and the proof as to the

ownership of the property stolen.
A. True
B. False
C. Partially false
D. Partially true
13. If facts do not completely allege all the elements of the
crime charged, the info may be quashed; however, the
prosecution is allowed to amend the info to include the
necessary facts.
A. True
B. Partially true
C. False
D. Partially false
14. Information need only allege facts, not include all the
evidence which may be used to prove such facts
A. True
B. False
C. Partially true
D. Partially false
15. Approximation of time is sufficient; amendment as to time
is only a formal amendment; no need to dismiss case.
A. True
B. False
C. Partially true
D. Partially false
16. Qualifying and inherent aggravating circumstances need
to be alleged as they are integral parts of the crime.
If proved, but not alleged, become only generic
aggravating circumstances.
A. True
B. False
C. Partially true
D. Partially false
17. Conviction may be had even if it appears that the crime
was committed not at the place alleged, provided that the
place of actual commission was within the courts
jurisdiction and accused was not surprised by the variance
between the proof and the information.
A. True
B. False
C. Partially true

D. Partially false
18. In which of the following cases may only the offended
spouse may file the complaint.
A. Rape
B. Seduction
C. Adultery and Concubinage
D. Acts of lasciviousness
19. Defined as the joinder of separate and distinct offenses in
one and the same information/complaint
A. Motion to Quash
B. Duplicity of offense
C. Double Jeopardy
D. None of the above
20.The civil action involves an issue similar or intimately
related to the issue raised in the criminal action.
A. Duplicity of offense
B. Double Jeopardy
C. Prejudicial question
D. None of the above

Answer: Criminal Procedure

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.

B
A
D
A
B
D
C
D
C
A
A
A
A
A
A
A
A
C
B
C

Criminal Procedure Reviewer 2

Complaint - is a sworn written statement charging a person with an

offense,subscribed by the offender party,any peace officer,or other
public officer charged with the enforcement of the law violated.

Information - is an accusation in writing charging a person with an offense subscribed by the pro
Criminal Action - One by which the State prosecutes a person for
an act/omission punishable by law.
Criminal Jurisdiction - Authority of the court to hear and try a
particular offense and to impose the punishment provided by law.
Duplicity of offenses -The information must charge only one offense.
Private Crimes Those which cannot be prosecuted except
upon complaint filed by the aggrieved/offended party.
Restitution - Returning of the thing itself, with allowance for
deterioration or diminution of value.
Reparation - Payment of damage caused, taking into consideration
the sentimental value of the thing to the injured party.
Indemnification - Payment of consequential damages suffered by
the injured party, his family or a 3rd person by reason of the crime.
Prejudicial Question - That 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.
Preliminary Investigation - An inquiry/proceeding to determine
Whether or Not (WON) there is sufficient ground to engender a
well-founded belief that a crime has been committed and the
respondent is probably guilty thereof, and should be held for trial.
Probable Cause - it is the existence of such facts and
circumstances as would excite the belief, ina reasonable mind
acting on the facts within the knowledge of the prosecutor, that the
person charged was guilty of the crime for which he was prosecuted.
In Flagrante Delicto Literally, caught in the act of committing a
crime. When the person to be arrested has committed, is actually
committing or is attempting to commit an offense in the presence
of the peace officer or private person who arrested him.
Arrest - is the taking of a person into custody in order that that he
may be bound to answer for the commission of an offense.

Illegal Arrest - If the arrest of a person is not justified by any of the instances of a warrantless arr
The fact that the person arrested did not actually commit the crime
does not render the arrest illegal.
Custodial Investigation - It involves the questioning initiated by law enforcement officers after a
Re-Enactment A demonstration by the accused of how he
committed the crime. It is a police contrivance designed to test the
truthfulness of the statements of the witness who had confessed to
the commission of the crime.
Bail - is 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 court as required under the conditions
of the bail.
Recognizance - Obligation of record, entered into before some
court or 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.
Property Bond An undertaking constituted as a lien on the real
property given as security for the amount of the bail.
Cash Bond - Cash corresponding to the amount of bail fixed by the
court or recommended by the prosecutor who investigated or filed
the case.
Capital Offense - 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.
Motion To Quash (MTQ) - Formerly called a demurrer, it is a special
pleading, filed by the accused, which hypothetically admits the truth
of the facts spelled out in the complaint/information and sets up a
matter, which, if duly proved, would preclude further proceedings.
Prescription of the Crime - Loss/waiver by the state of its right to
prosecute a crime.

Prescription of the Penalty - Loss/waiver by the State of its right to demand service of the penal
Double Jeopardy - When a person is charged with an offense and
the case is terminated either by acquittal or conviction or in any
other manner without the express consent of the accused, the
latter cannot again be charged with the same or identical offense.

Provisional Dismissal - A case is dismissed without prejudice to its

being refiled or revived.
Deposition - Testimony of the witness that is taken upon oral
question or written interrogatories, in opencourt, in pursuance of
(1) a commission to take testimony issued by a court or (2) under
a general law or court rule on the subject, reduced to writing and
duly authenticated
Arraignment The stage where the accused is formally informed of
the charge against him by reading before him the
information/complaint and asking him whether he pleads guilty or
not guilty.
Plea Bargaining - Process where the accused, the offended party
and the prosecution work out a mutually satisfactory disposition of
the case,subject to court approval.
Improvident Plea - Plea without proper information as to all the
circumstances affecting it; based upon a mistaken assumption or
misleading information/advice
Pre-Trial Order - Issued by the court after the pre-trial conference.
Trial - Examination before a competent tribunal of the facts put in
issue in a case, for the purpose of determining such issue.
Demurrer to Evidence - Objection by one of the parties to the effect that the evidence which his
the issue.
Rebuttal Evidence - Any evidence to explain, repeal, counteract or
disprove the adversarys proof.
Sur-rebuttal Evidence - Proof to meet or refute those new matters
taken up by the adverse party during the rebuttal stage, or to clarify
matters that were beclouded or made ambiguous.
Judgment The adjudication by the court that the accused is guilty
or not guilty of the offense charged and the imposition on him of
the proper penalty and civil liability, if any.
Opinion - Informal expression of the views of the court
Ratio Decidende - Provides for the basic reason for the judgment
Acquittal - A finding of not guilty based on the merits, either:

1) The evidence does not show that his guilt is beyond reasonable
doubt; or
2) A dismissal of the case after the prosecution has rested its case
and upon motion of the accused on the ground that the evidence
fails to show beyond doubt that accused is guilty.
Promulgation of Judgment -An official proclamation/ announcement of a judgment/order.
Judgment/sentence does not become a judgment/sentence in law
until:
1) Read and announced to the defendant; or
2) Has become a part of the record of the
court.
Sin Perjuico Judgment Judgment without a statement of facts.
New Trial A proceeding whereby errors of law or irregularities are
expunged from the record, or new evidence is introduced, or both
steps are taken.
Motion For Reconsideration OR New Trial (MFR/MNT) - New trial
and reconsideration are the same thing in criminal procedure
whether it be a first, second, new or an old trial. New refers to time and not to substance.
Newly Discovered Evidence - Evidence which could not, by the
exercise of due diligence, have been discovered before the trial in
the court below.
Appeal A proceeding for review by which the whole case is
transferred to a higher court for a final determination.
Final Judgment Judgment which would become final if no appeal
is taken.
Final Order One which disposes of the whole subject matter or
terminates a particular proceeding/action, leaving nothing to be
done but to enforce by execution what has been determined.
Error Of Judgment One which the court may commit in the
exercise of its jurisdiction.
Error Of Jurisdiction It renders an order of judgment void or
voidable.
Notice Of Appeal Written notice of intention to take appeal.
Appellant The party appealing;
Appellee The party adverse to the appellant.

Search Warrant - 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 in the warrant and bring it before the court.
Probable Cause - Such reasons, supported by facts and
circumstances, as will warrant a cautious man in the belief that
his action, and the means taken in prosecuting it, are legally just
and proper.

Oath - Includes any form of attestation by which a party signifies

that he is bound in conscience to perform an act faithfully and
truthfully.
Searching Questions And Answers - Such questions as have the
tendency to show the commission of a crime and perpetrator
thereof.
Stop and Frisk A limited protective search of outer clothing for
weapon.