1.

There are certain delays which should not be included in counting the period
for commencement of a trial. Such delays include the following, except

a. Delay resulting from pre-trial proceedings; provided that the delay does not
exceed 30 days.
b. Delay resulting from a finding of the existence of a prejudicial question.
c. Delay resulting from orders of inhibition, or proceedings relating to change
of venue of cases or transfer from other courts.
d. Delay resulting from the mental incompetence or physical inability of the
respondent to stand trial.
Answer: D.

2. Which among the following is a requisite before an accused may be

discharged to become a state witness?

a. The testimony of the accused sought to be discharged can be substantially

corroborated on all points.
b. The accused does not appear to be guilty.
c. There is absolute necessity for the testimony of the accused whose
discharge is requested.
d. The accused has not at any time been convicted of any offense.
Answer: C.

3. When is the presence of the accused required?

a. At the pre-trial.
b. At arraignment and plea.
c. At all times during trial.
d. At the promulgation of sentence for a light offense.
Answer: B.

4. Which of the following distinguishes a demurrer to evidence in a civil case

from a demurrer to evidence in a criminal case?

a. A demurrer to evidence in a civil case is anchored upon the failure of the

plaintiff to state a cause of action. A demurrer to evidence in a criminal
case is predicated upon insufficiency of evidence.
b. A demurrer to evidence in a civil case requires no prior leave of court. A
demurrer to evidence in a criminal case may be filed with or without leave
of court.
c. In a civil case, if the demurrer is granted, the plaintiff may appeal and if the
dismissal is reversed, the defendant is deemed to have waived his right to
present his evidence. No appeal is allowed, as a rule, when a demurrer to
 evidence is granted in a criminal case because the dismissal is deemed an
acquittal.
d. In a civil case, it is the defendant who invokes a demurrer by moving for
the dismissal of the case. The court does not do so on its own initiative. In
a criminal case, the court may, on its own initiative, dismiss the action after
giving the prosecution an opportunity to be heard.
Answer: A.

5. Statement 1: An accused must be present in every hearing, from arraignment

to the rendition of the judgment.

Statement 2: While the right to be present may be waived like any other right,
the rule should not be taken to mean that the accused may, as a rule, be tried
in his absence.

a. Both statements are correct.

b. Both statements are incorrect.
c. First statement is correct; second statement is incorrect.
d. First statement is incorrect; second statement is correct.

Answer: D.
6. May the person under custodial investigation invoke the rights under Rule 115
of the Rules of Court
a. Yes, those rights are vital for his protection
b. No, the rights under Rule 115 are only applicable for the accused
c. Yes, provided that the investigation ceases to be a general inquiry into an
unsolved crime and direction is then aimed upon a particular suspect who
has been taken into custody and to whom the police would then direct
interrogatory question which tend to elicit incriminating statements
d. No, the rights provided under Rule 115 takes effect only on preliminary
investigationi

7. When is the presence of the accused not required

a. During arraignment
b. Promulgation of judgment except when the conviction in for the light
offense, in which case, it may be pronounced in the presence of the
counsel or a representative
c. When ordered by the court for the purposes of identification
d. During the hearing of the appealii

8. The accused applied for bail. On the day of arraignment the accused did not
appear. May the trial proceed in the absence of the accused
a. No, the presence of the accuse during trial is indispensable
b. Yes, Trial may proceed in absentia
 c. No, because the accused was not arraigned
d. Yes, because his failure to appear is unjustifiediii

9. Which of the following are not one of the effects of the order discharging the
accused as s State Witness
a. Discharge of accused operates as an acquittal and bar to further
prosecution for the same offence
b. Evidence adduced in support of the discharge shall automatically form part
of the trial
c. If the court denies the motion to discharge the accused as State Witness,
his sworn statement shall be inadmissible in evidence
d. Discharge of accused constitutes as immunity from suit in any
proceedingiv

10. Which of the following is not true in Demurrer to Evidence

a. The court cannot, on its own initiative, dismiss the action on the
ground of insufficiency of evidence
b. Filing a demurrer to evidence without leave of court and such was denied,
it is tantamount to a waiver of the accuseds right to present evidence
c. If the demurrer is sustained by the court, the order of dismissal is
tantamount to an acquittal, hence it is not appealable
d. The only ground for filing a demurrer to evidence is insufficiency of
evidencev

11. Some of the distinction between pre-trial in a civil case and pre-trial in a
criminal case are enumerated below. Which among the following should not
be included?

a. The pre-trial in a civil case is preceded by a motion ex-parte filed by the

plaintiff to set the case for pre-trial. Such motion is not required from the
prosecution in a criminal case.
b. The purposes of pre-trial in a civil case are identical with the purposes of a
pre-trial in a criminal case.
c. In a civil case, the sanction for non-appearance is imposed upon the non-
appearing party. In a criminal case, the sanction is upon the counsel of the
accused or the prosecutor upon whom proper sanctions or penalties may
be imposed for non-appearance in case of failure to offer an acceptable
excuse for lack of cooperation.
d. In a civil case, the parties are required to file and serve their respective
pre-trial briefs. In a criminal case, Rule 118 does not mention the
submission of pre-trial briefs.

Answer: B.
12. Statement 1: Under existing rules, no evidence shall be allowed to be
presented and offered during the trial other than those identified and marked
during the pre-trial except when allowed by the court for good cause shown.

Statement 2: The court shall hold the pre-trial conference within 15 days after
arraignment or within 10 days if the accused is under preventive detention;
provided, however, that where the direct testimonies of the witness are to be
presented through judicial affidavits, the court shall give the prosecution not
more than 20 days from arraignment within which to prepare and submit their
judicial affidavits in time for the pre-trial conference.

a. Both statements are correct.

b. Both statements are incorrect.
c. First statement is correct; second statement is incorrect.
d. First statement is incorrect; second statement is correct.

Answer: C.

13. In a criminal case, what is the effect of the failure of the parties to attend the
pre-trial conference?

a. The court is allowed to dismiss the case motuproprio.

b. Sanction for non-appearance of the parties may be imposed by the court
in case of failure to offer an acceptable excuse for lack of cooperation.
c. Sanction for non-appearance of the counsel of the accused or the
prosecutor may be imposed by the court in case of failure to offer an
acceptable excuse for lack of cooperation.
d. The non-appearance of the parties will not affect the proceedings.
Answer: C.
14. Which among the following is not subject to mediation for judicial dispute
resolution?

a. Criminal cases like violation of traffic rules and regulations and violation of
municipal or city ordinances.
b. Reckless or simple imprudence with violation of the motor vehicle law.
c. The civil aspect of theft.
d. Cases cognizable by the LupongTagapamayapa under the
KatarungangPambarangay Law.
Answer: A.
15. Statement 1: All agreements and admissions made or entered during the pre-
trial conference shall be reduced in writing, and signed by the accused and
counsel. If this is not followed, such admissions cannot be used against the
accused.
 Statement 2: Proceedings during the preliminary conference must be
recorded by the clerk of court.

a. Both statements are correct.

b. Both statements are incorrect.
c. First statement is correct; second statement is incorrect.
d. First statement is incorrect; second statement is correct.

Answer: C.
16. Equipoise Rule means
a. If the accused admits the killing but claims self-defense, he must first
establish the elements of self-defense in order to overturn the presumption
that he was guilty of the offense
b. 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
c. Absolute certainty is not demanded by law to convict of any criminal
charge but moral certainty is required as to every proposition of proof
requisite to constitute the offence
d. That the legislature may enact that when certain facts have been proved,
they shall be prima facie evidence of the existence of the guilt of the
accused and shift the burden of proof provided there be a rational
connection between the facts proved and the ultimate fact presumed so
that the inference of the one from proof of the other is not an unreasonable
and arbitrary experience

17. The right to be present during the trial may be waived by

a. Absence of the accused without justifiable cause at trial of which he
had notice shall be considered a waiver of his right to be present
thereat
b. If the accused jumps bail
c. When the accused was not represented by a counsel
d. When the defense failed to submit pre-trial briefvi

18. The following are effects of waiver of the right to appear by the accused,
except
a. It is also a waiver to present evidence
b. Prosecution can present evidence despite the absence of the accused
c. The court can decide even without accuseds evidence
d. The accused may be compelled to take the witness standvii

19. Which of the following is a violation of right against self-incrimination

a. A marijuana extracted from the mouth of the accused
b. Blood test
 c. Furnishing of signature specimen
d. None of the aboveviii

20. Which of the following right is not waivable

a. Right to be informed
b. Right to be present during trial
c. Right against self-incrimination
d. Right to appealix