Aspirant Prosecutor Comprehensive Review 2027 | NPA Exam
Prep, Study Guide & Practice Questions
Question 1: Which Philippine law created the National Prosecution
Service and attached it to the Department of Justice?
A. Presidential Decree No. 1275
B. Presidential Decree No. 1344
C. Presidential Decree No. 1508
D. Presidential Decree No. 1606
CORRECT ANSWER: B. Presidential Decree No. 1344
Rationale: Presidential Decree No. 1344, enacted in 1978, created the
National Prosecution Service and attached it to the Department of Justice,
defining its functions, powers, and organizational structure. PD 1275
amended certain provisions of the Judiciary Act, PD 1508 established the
Katarungang Pambarangay, and PD 1606 created the Sandiganbayan.
Question 2: Under the 1987 Constitution, what is the primary
qualification for appointment as a provincial or city prosecutor?
A. Must be a natural-born citizen of the Philippines
B. Must be a member of the Philippine Bar
C. Must have served as a judge for at least five years
D. Must be a resident of the province or city for at least three years
CORRECT ANSWER: B. Must be a member of the Philippine Bar
Rationale: The 1987 Constitution provides that no person shall be
appointed to the National Prosecution Service unless he is a member of
the Philippine Bar. While citizenship and residency may be relevant for
certain positions, the constitutional requirement for prosecutors is Bar
membership.
Question 3: What is the effect of the filing of a criminal information in
court on the prosecutor's authority to conduct a preliminary
investigation?
A. The prosecutor retains full authority to conduct a parallel preliminary
investigation
B. The prosecutor loses jurisdiction over the case, which now belongs to
the court
C. The prosecutor may still conduct a reinvestigation only upon court order
,D. The prosecutor's authority is suspended until the court acts on the
information
CORRECT ANSWER: B. The prosecutor loses jurisdiction over the case,
which now belongs to the court
Rationale: Once an information is filed in court, jurisdiction over the case is
transferred to the court. The prosecutor cannot unilaterally withdraw the
information without court approval. Any reinvestigation or modification
requires the court's permission.
Question 4: In the context of criminal procedure, what is the "doctrine
of conclusiveness of the prosecutor's certification"?
A. The prosecutor's certification of non-forum shopping is conclusive upon
the court
B. The court may not review the prosecutor's finding of probable cause
once certified
C. The prosecutor's determination of probable cause is subject to judicial
review only for grave abuse of discretion
D. The prosecutor's certification automatically warrants the issuance of a
warrant of arrest
CORRECT ANSWER: C. The prosecutor's determination of probable
cause is subject to judicial review only for grave abuse of discretion
Rationale: While the prosecutor has broad discretion in determining
probable cause, the courts may review such determination if there is a
showing of grave abuse of discretion. The prosecutor's certification is not
absolutely conclusive.
Question 5: Which of the following is NOT a ground for the suspension
of a prosecuting officer under the National Prosecution Service rules?
A. Grave misconduct
B. Inefficiency in the performance of duties
C. Filing of a civil case against a superior
D. Dishonesty
CORRECT ANSWER: C. Filing of a civil case against a superior
Rationale: Filing a civil case against a superior is not a ground for
suspension under the National Prosecution Service rules. The grounds
,include grave misconduct, inefficiency, dishonesty, and other
administrative offenses. Filing a civil case is a legal right and not an
administrative offense per se.
Question 6: What is the required vote of the Commission on
Appointments for the confirmation of a Department of Justice
Secretary?
A. Majority of all members
B. Two-thirds of all members
C. Majority of members present
D. Unanimous vote
CORRECT ANSWER: A. Majority of all members
Rationale: Under the 1987 Constitution, the Commission on Appointments
confirms appointments by a majority vote of all its members. This means a
majority of the total membership, not just those present.
Question 7: Under the Rules of Court, what is the period within which
the prosecutor must resolve a complaint during preliminary
investigation?
A. 10 days from submission of the case for resolution
B. 15 days from submission of the case for resolution
C. 30 days from submission of the case for resolution
D. 60 days from submission of the case for resolution
CORRECT ANSWER: C. 30 days from submission of the case for
resolution
Rationale: Under Rule 112 of the Rules of Court, the investigating
prosecutor must resolve the complaint within thirty days from the time the
case is submitted for resolution. This period may be extended in certain
circumstances.
Question 8: What is the remedy of an aggrieved party if the prosecutor
dismisses a criminal complaint during preliminary investigation?
A. File a motion for reconsideration with the prosecutor
B. Appeal to the Secretary of Justice
C. File a petition for certiorari in the Regional Trial Court
D. File a new complaint with the Office of the Ombudsman
, CORRECT ANSWER: B. Appeal to the Secretary of Justice
Rationale: Under the rules, the aggrieved party may appeal the
prosecutor's resolution to the Secretary of Justice within fifteen days from
receipt of the resolution. A motion for reconsideration is an internal
remedy, but the appeal to the Secretary is the proper remedy for dismissal.
Question 9: Which of the following is a characteristic of a preliminary
investigation?
A. It is a trial on the merits
B. It is a judicial proceeding
C. It is an inquisitorial proceeding
D. It is a criminal action
CORRECT ANSWER: C. It is an inquisitorial proceeding
Rationale: Preliminary investigation is an inquisitorial proceeding, not a
trial on the merits. It is conducted by the prosecutor to determine probable
cause, and it is not a judicial proceeding. It is part of the criminal process
but not a criminal action itself.
Question 10: What is the effect of the absence of a preliminary
investigation on the jurisdiction of the court?
A. The court acquires no jurisdiction over the case
B. The court acquires jurisdiction but the information may be quashed
C. The court acquires jurisdiction and the defect is waived if not raised
D. The court must dismiss the case outright
CORRECT ANSWER: C. The court acquires jurisdiction and the defect is
waived if not raised
Rationale: The absence of a preliminary investigation does not affect the
court's jurisdiction. The proper remedy is to move for a reinvestigation or to
quash the information. If not raised timely, the defect is waived.
Question 11: Under the 1987 Constitution, who has the power to
appoint prosecutors?
A. The President
B. The Secretary of Justice
C. The Judicial and Bar Council
D. The Commission on Appointments
Prep, Study Guide & Practice Questions
Question 1: Which Philippine law created the National Prosecution
Service and attached it to the Department of Justice?
A. Presidential Decree No. 1275
B. Presidential Decree No. 1344
C. Presidential Decree No. 1508
D. Presidential Decree No. 1606
CORRECT ANSWER: B. Presidential Decree No. 1344
Rationale: Presidential Decree No. 1344, enacted in 1978, created the
National Prosecution Service and attached it to the Department of Justice,
defining its functions, powers, and organizational structure. PD 1275
amended certain provisions of the Judiciary Act, PD 1508 established the
Katarungang Pambarangay, and PD 1606 created the Sandiganbayan.
Question 2: Under the 1987 Constitution, what is the primary
qualification for appointment as a provincial or city prosecutor?
A. Must be a natural-born citizen of the Philippines
B. Must be a member of the Philippine Bar
C. Must have served as a judge for at least five years
D. Must be a resident of the province or city for at least three years
CORRECT ANSWER: B. Must be a member of the Philippine Bar
Rationale: The 1987 Constitution provides that no person shall be
appointed to the National Prosecution Service unless he is a member of
the Philippine Bar. While citizenship and residency may be relevant for
certain positions, the constitutional requirement for prosecutors is Bar
membership.
Question 3: What is the effect of the filing of a criminal information in
court on the prosecutor's authority to conduct a preliminary
investigation?
A. The prosecutor retains full authority to conduct a parallel preliminary
investigation
B. The prosecutor loses jurisdiction over the case, which now belongs to
the court
C. The prosecutor may still conduct a reinvestigation only upon court order
,D. The prosecutor's authority is suspended until the court acts on the
information
CORRECT ANSWER: B. The prosecutor loses jurisdiction over the case,
which now belongs to the court
Rationale: Once an information is filed in court, jurisdiction over the case is
transferred to the court. The prosecutor cannot unilaterally withdraw the
information without court approval. Any reinvestigation or modification
requires the court's permission.
Question 4: In the context of criminal procedure, what is the "doctrine
of conclusiveness of the prosecutor's certification"?
A. The prosecutor's certification of non-forum shopping is conclusive upon
the court
B. The court may not review the prosecutor's finding of probable cause
once certified
C. The prosecutor's determination of probable cause is subject to judicial
review only for grave abuse of discretion
D. The prosecutor's certification automatically warrants the issuance of a
warrant of arrest
CORRECT ANSWER: C. The prosecutor's determination of probable
cause is subject to judicial review only for grave abuse of discretion
Rationale: While the prosecutor has broad discretion in determining
probable cause, the courts may review such determination if there is a
showing of grave abuse of discretion. The prosecutor's certification is not
absolutely conclusive.
Question 5: Which of the following is NOT a ground for the suspension
of a prosecuting officer under the National Prosecution Service rules?
A. Grave misconduct
B. Inefficiency in the performance of duties
C. Filing of a civil case against a superior
D. Dishonesty
CORRECT ANSWER: C. Filing of a civil case against a superior
Rationale: Filing a civil case against a superior is not a ground for
suspension under the National Prosecution Service rules. The grounds
,include grave misconduct, inefficiency, dishonesty, and other
administrative offenses. Filing a civil case is a legal right and not an
administrative offense per se.
Question 6: What is the required vote of the Commission on
Appointments for the confirmation of a Department of Justice
Secretary?
A. Majority of all members
B. Two-thirds of all members
C. Majority of members present
D. Unanimous vote
CORRECT ANSWER: A. Majority of all members
Rationale: Under the 1987 Constitution, the Commission on Appointments
confirms appointments by a majority vote of all its members. This means a
majority of the total membership, not just those present.
Question 7: Under the Rules of Court, what is the period within which
the prosecutor must resolve a complaint during preliminary
investigation?
A. 10 days from submission of the case for resolution
B. 15 days from submission of the case for resolution
C. 30 days from submission of the case for resolution
D. 60 days from submission of the case for resolution
CORRECT ANSWER: C. 30 days from submission of the case for
resolution
Rationale: Under Rule 112 of the Rules of Court, the investigating
prosecutor must resolve the complaint within thirty days from the time the
case is submitted for resolution. This period may be extended in certain
circumstances.
Question 8: What is the remedy of an aggrieved party if the prosecutor
dismisses a criminal complaint during preliminary investigation?
A. File a motion for reconsideration with the prosecutor
B. Appeal to the Secretary of Justice
C. File a petition for certiorari in the Regional Trial Court
D. File a new complaint with the Office of the Ombudsman
, CORRECT ANSWER: B. Appeal to the Secretary of Justice
Rationale: Under the rules, the aggrieved party may appeal the
prosecutor's resolution to the Secretary of Justice within fifteen days from
receipt of the resolution. A motion for reconsideration is an internal
remedy, but the appeal to the Secretary is the proper remedy for dismissal.
Question 9: Which of the following is a characteristic of a preliminary
investigation?
A. It is a trial on the merits
B. It is a judicial proceeding
C. It is an inquisitorial proceeding
D. It is a criminal action
CORRECT ANSWER: C. It is an inquisitorial proceeding
Rationale: Preliminary investigation is an inquisitorial proceeding, not a
trial on the merits. It is conducted by the prosecutor to determine probable
cause, and it is not a judicial proceeding. It is part of the criminal process
but not a criminal action itself.
Question 10: What is the effect of the absence of a preliminary
investigation on the jurisdiction of the court?
A. The court acquires no jurisdiction over the case
B. The court acquires jurisdiction but the information may be quashed
C. The court acquires jurisdiction and the defect is waived if not raised
D. The court must dismiss the case outright
CORRECT ANSWER: C. The court acquires jurisdiction and the defect is
waived if not raised
Rationale: The absence of a preliminary investigation does not affect the
court's jurisdiction. The proper remedy is to move for a reinvestigation or to
quash the information. If not raised timely, the defect is waived.
Question 11: Under the 1987 Constitution, who has the power to
appoint prosecutors?
A. The President
B. The Secretary of Justice
C. The Judicial and Bar Council
D. The Commission on Appointments
