Pre Test Criminal Jurisprudence

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Republic of the Philippines

PALAWAN STATE UNIVERSITY


Puerto Princesa City

MOCK BOARD TEST


JURISPRUDENCE
Prepared by: VILMA VENUS GOMEZ-ANDOY, Ph.D Crim
DEAN Palawan State University

Instructions: Read and analyze the questions extensively before deciding to choose the
appropriate answer. Do not write anything in this questionnaire. Use the separate
ANSWER SHEET.

1. Berto, with evident premeditation and treachery killed his father. What was the crime
convicted?
A. Murder B. Parricide
C. Homicide D. Qualified Homicide

2. P03 Bagsik entered the dwelling of Totoy against the latter's will on suspicion that Bitoy keep
unlicensed firearm in his home. What was the crime committed by P03 Bagsik?
A. Trespass to Dwelling B. Violation of Domicile
C. Usurpation of Authority D. Forcible Trespassing

3. Charlie and Lea had been married for more than six months.
They live together with the children of Lea from her first husband. Charlie had sexual
relationship with Jane; the 14 year old daughter of Lea. Jane loves Charlie very much.
What was the crime committed by Charlie, If any?
A. Simple Seduction B. Qualified Seduction
C. Consented Abduction D. Rape

4. Prof. Jose gave a failing grade to one of his students, Lito. When the two met the following
day, Lito slapped Prof. Jose on the face. What was the crime committed by Lito?
A. Corruption of Public Officials B. Direct Assault
C. Slight Physical Injuries D. Grave Coercion

5. A warrant of arrest was issued against Fred for the killing of his parents. When P02 Tapang
tried to arrest him, Fred gave him 1 million pesos to set him free. P02 Tapang refrained in
arresting Fred. What was the crime committed by P02 Tapang?
A. Indirect Bribery B. Direct Bribery
C. Corruption of Public Officials D. Qualified Bribery

6. Which of the following is the exemption to the hearsay rule made under the consciousness of
an impending death?
A. Parol evidence B. Ante mortem statement
C. Suicide note D. Dead man statute

7. Factum probans means __.


A. Preponderance of evidence B. Ultimate fact
C. Evidentiary fact D. Sufficiency of evidence

8. It refers to family history or descent transmitted from one generation to another


A. Inheritance B. Heritage
C. Pedigree D. Culture

9. The authority of the court to take cognizance of the case in the first instance.
A. Appellate Jurisdiction B. General Jurisdiction
C. Original Jurisdiction D. Exclusive Jurisdiction

10. A person designated by the court to assist destitute litigants.


A. Counsel de officio B. Attorney on record
C. Attorney at law D. Special counsel
11. Which of the following is not covered by the Rules on summary Procedure?
A. Violation of rental laws
B. Violation of traffic laws
C. The penalty is more than six months of imprisonment
D. The penalty does not exceed six months imprisonment

12. It refers to a territorial unit where the power of the court is to be exercised.
A. Jurisdiction B. Jurisprudence
C. Venue D. Bench

13. The Anti-Bouncing Check Law.


A. RA 6425 B. RA 8353
C. BP. 22 D. RA 6975

14. The taking of another person personal property, with intent to gain, by means of force and
intimidation.
A. Qualified theft B. Robbery
C. Theft D. Malicious mischief

15. Felony committed when a person compels another by means of force, violence or
intimidation to do something against his will, whether right or wrong.
A. Grave threat B. Grave coercion
C. Direct assault D. Slander by deed

16. These are persons having no apparent means of subsistence but have the physical ability to
work and neglect to apply himself or herself to lawful calling.
A. Pimps B. Prostitutes
C. Gang members D. Vagrants

17. A medley of discordant voices, a mock serenade of discordant noises designed to annoy and
insult.
A. Tumultuous B. Charivari
C. Sedition D. Scandal

18. The unauthorized act of a public officer who compels another person to change his residence.
A. Violation of domicile B. Arbitrary detention
C. Expulsion D. Direct assault

19. The deprivation of a private person of the liberty of another person without legal grounds.
A. Illegal detention B. Arbitrary detention
C. Forcible abduction D. Forcible detention

20. An offense committed by a married woman through carnal knowledge with a man not her
husband who knows her to be married, although the marriage can be later declared void.
A. Concubine B. Bigamy
C. Adultery D. Immorality

21. Age of absolute irresponsibility in the commission of a crime.


A. 15-18 years old B. 18-70 years old
C. 9 years old and below D. Between 9 and 15 years
Old

22. Those that, not being principals cooperate in the execution of the offense by previous or
simultaneous acts,
A. Accomplices B. Suspects
C. Principal actors D. Accessories

23. The loss or forfeiture of the right of the government to execute the final sentence after the
lapse of a certain time fixed by law.
A. Prescription of crime B. Prescription of prosecution
C. Prescription of judgment D. Prescription of penalty

24. A kind of executive clemency whereby the execution of penalty is suspended.


A. Pardon B. Commutation
C. Amnesty D. Reprieve

25. Infractions of mere rules of convenience designed to secure a more orderly regulation of the
affairs of the society.
A. Mala prohibita B. Mala in se
C. private crimes D. Public crimes

26. Felony committed by a public officer who agrees to commit an act in consideration of a gift
and this act is connected with the discharge of his public duties.
A. Qualified bribery B. Direct bribery
C. Estafa D. Indirect bribery

27. The willful and corrupt assertion of falsehood under oath of affirmation, administered by
authority of law on a material matter.
A. Libel B. Falsification
C. Perjury D. Slander

28. Deliberate planning of act before execution.


A. Treachery B. Evident premeditation
C. Ignominy D. Cruelty

29. Whenever more than 3 armed malefactors shall have acted together in the commission of a
crime.
A. Gang B. Conspiracy
C. Band D. Piracy

30. The failure to perform a positive duty which one is bound to.
A. Negligence B. Imprudence
C. Omission D. Act

31. Ways and means are employed for the purpose of trapping and capturing the law breaker h
the execution of his criminal plan,
A. Misfeasance B. Entrapment
C. Inducement D. Instigation

32. Those where the act committed is a crime but for reasons of public policy and statement there
is no penalty imposed.
A. impossible crimes B. Aggravating
Circumstances
C. Absolutory causes D. Complex crimes

33. 0ne of the following is an alternative circumstance.


A. Insanity B. Intoxication
C. Passion or obfuscation D. Evident premeditation

34. If the accused refuse to plead, or make conditional plea of guilty, what shall be entered for
him?
A. A plea of not guilty B. A plea of guilty
C. A plea of mercy D. A plea of surrender

35. At what time may the accused move to quash the complaint or information.
A. At any time before his arrest
B, only after entering his plea
C. any time before entering his plea
D. Monday morning
36. The process whereby the accused and the prosecutor in a criminal case work out a mutually
satisfactory disposition on the case subject to court approval.
A. Arraignment B. Plea bargaining
C. Preliminary investigation D. Trial Answer

37. The security given for the release of a person in custody, furnished by him or a bondsman,
conditional upon his appearance before any court as required under the conditions specified by
law.
A. Subpoena B. Recognizance
C. Bail D. Warrant

38. The examination before a competent tribunal, according to the laws of the land, of the acts in
issue in a case, for the purpose of determining such issue.
A. Trial B. Arraignment
C. Pre-trial D. judgment Answer

39. The adjudication by the court. That the accused is guilty or is not guilty of the offense
charged, and the imposition of the proper penalty and
A. trial B. Pre-trial
C. Arraignment D. Judgment

40. It is an inquiry or proceeding for the purpose of determining whether there is sufficient
ground to engender a well Founded belief that an offense has been committed and the offender is
probably guilty thereof and should be held for trial.
A. Pre-trial B. Arraignment
C. Preliminary investigation D. Plea bargaining

41. It is evidence of the same kind and to the same state of facts.
A. Secondary evidence B Prima Facie evidence
C. Corroborative evidence D. Best evidence

42. It is that which, standing alone, unexplained or uncontradicted is sufficient to maintain the
A. Secondary evidence B Prima Facie evidence
C. Corroborative evidence D. Best evidence

43. A form of evidence supplied by written instruments or derived from conventional symbols,
such as letters, by which ideas are represented on material substances.
A. Documentary evidence B. Testimonial evidence
C. Material evidence D. Real evidence

44. When the witness states that he did not see or know the occurrence of a fact.
A. Positive evidence B. Corroborative evidence
C. Secondary evidence D. Negative evidence

45. Personal property that can be subjects for search and seizure
A. Used or intended to be used as means in committing an offense
B. Stolen or embezzled and other proceeds or fruits of the offense
C. Subject of the offence
D. All of the above

46. All persons who can perceive and perceiving, can make known their perception to others.
A. Suspects B. Witnesses
C. Victim D. Informers

47. The unlawful destruction or the bringing forth prematurely, of human Fetus before the
natural Lime of birth which results in death.
A. Abortion B. Infanticide
C. Murder D Parricide
48. Felony committed when a person is killed or wounded during the confusion attendant to a
quarrel among several persons not organized into groups and the parties responsible cannot be
ascertained.
A. Alarm and scandal B. Mysterious homicide
B. Death under exceptional circumstances D. Tumultuous affray

49. A question which arises in a case the resolution of which is the logical antecedent of the issue
involved in said case and the cognizance of which pertains to another tribunal.
A. Legal question B. Juridical question
C. Prejudicial question D. Judicial question

50. The RPC was based on the


A. Spanish penal code B. English penal code
C. American penal code D. Japanese penal code

51. An act or omission which is a result of a misapprehension of facts that is voluntary but not
intentional.
A. Impossible crime B. Mistake of facts
C. Accidental crime D. Complex crime

52. Infanticide is committed by killing a child not more than....


A. 36 hours B. 24 hours
C. 48 hours D. 72 hours

53, Ignorance of the law excuses no one from compliance therewith,


A. ignorantia legis non excusat B. Parens patriae
C. Res ipsa loquitur D. Dura lex sed lex

54. An act which would be an offense against persons or property if it was not for the inherent
impossibility of its accomplishment.
A. Compound crime B. Impossible crime
C. Complex crime D. Accidental crime

55. The law which reemployed the death penalty.


A. RA 5425 B. RA 8553
C. RA 7659 D. RA 8551

56. 0ne who is deprived completely of reason or discernment and freedom of the will at the time
of the commission of the crime.
A. Discernment B. Insanity
C. Epilepsy D. Imbecility

57. The quality by which an act may be subscribed to a person as, its owner or author
A. Responsibility B. Duty
C. Guilt D. Imputability

58. Something that happen outside the sway of our will, and although it comes about through
some acts of our will, lies beyond the bounds of humanly foreseeable consequences,
A. Fortuitous event B. Fate
C. Accident D. Destiny

59. 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. Subpoena B. Information
C. Complaint D. Writ

60. This right of the accused b founded on the principle of justice and is intended not to protect
the guilty but to prevent as far as human agencies can the conviction of an innocent person.
A. Right to due process of law
B. Presumption of innocence
C. Right to remain silent
D. Right against self-Incrimination
61. Known in other countries as the body of principles, practices, usages and rules of action
which are not recognized in our country.
A. Penal laws B. Special laws
C. Common laws D. Statutory laws

62. Circumstances wherein there is an absence in the agent of the crime any of all the conditions
that would make an act voluntary and hence, though there is no criminal liability there is civil
liability
A. Exempting B. Alternative
C. Justifying D. Aggravating

63. Circumstances wherein the acts of the person are in accordance with the law, and hence, he
incurs no criminal and civil liability
A. Exempting B. Alternative
C. Justifying D. Aggravating

64. When the offender enjoys and delights in making his victim suffers slowly and gradually,
causing him unnecessary physical pain in the consummation of the criminal act.
A. Ignominy B. Cruelty
C. Treachery D. Masochism

65. One who at the time of his trial for one crime shall have been previously convicted by final
judgment of another crime embraced in the same title of the Revised Penal Code?
A. Recidivism B. habitual
delinquency
C. Reiteracion D. Quasi-recidivism

66. Alevosia means


A. Craft B. Treachery
C. Evident premeditation D. Cruelty

67. The law hears before it condemns, proceeds upon inquiry and render judgment after a fair
trial.
A. Ex post facto law B. Equal protection of the
Law
C. Rule of law D. Due process of law

68. A person if within a period of 10 years from the date of his release or last conviction of the
crime of serious or less serious physical injuries, robbery, theft, estafa or falsification, he is
found guilty of any of the said crimes a third time or oftener.
A. Recidivist B. Quasi-recidivist
C. Habitual delinquent D. Hardened criminal

69. A kind of evidence which cannot be rebutted or overcome.


A. Primary B. Best
C. Secondary D. Conclusive

70. A kind of evidence which cannot be rebutted or overcome.


A. Primary B. Best
C. Secondary D. Conclusive

71. These questions suggest to the witness the answers to which an examining party requires.
A. Leading B. Misleading
C. Stupid D. Hearsay

72. A method fixed by law for the apprehension and prosecution of persons alleged to have
committed a crime, and for their punishment in case of conviction
A. Criminal Law B. Criminal Evidence
C. Criminal Procedure D. Criminal Jurisprudence

73. The period of prescription of crimes punishable by death.


A. 20 years B. 15 years
C. 10 years D. 40 years

74. Persons who take direct part in the execution of a crime.


A. Accomplices B. Accessories
C. Instigators D. Principals

75. A crime against honor which is committed by performing any act which casts dishonor,
discredit, or contempt upon another person.
A. Libel B. Slander by deed
C. Incriminating Innocent person D. intriguing against honor

76. The improper performance of some act which night lawfully be done.
A. Misfeasance B. Malfeasance
C. Nonfeasance D. Dereliction

77. A sworn statement in writing, mode upon oath before an authorized magistrate or officer.
A. Subpoena B. Writ
C. Warrant D. Affidavit

78. Any other name which a person publicly applies to himself without authority of law.
A. Alias B. Common name
C. Fictitious name D. Screen name

79. A special aggravating circumstance where a person, after having been convicted by final
judgment, shall commit a new felony before beginning to serve such sentence, or while serving
the sane.
A. Quasi-recidivism B. Recidivism
C. Reiteration D. Charivari

80. Which of the following is not a person in authority?


A. Municipal mayor B. Private School Teacher
C. Police Officer D. Municipal Councilor

81. In general sense, it is the raising of the commotions or disturbance in the State.
A. Sedition B. Rebellion
C. Treason D. Coup d’ etat

82. The length of validity of a search of warrant from its date.


A. 30 days B. 15 days
C. 10 days D. 60 days

83. The detention of a person without legal grounds by a public officer or employee.
A. Illegal detention B. Arbitrary detention
C. Compulsory detention D. Unauthorized detention

84. A breach of allegiance to a government, committed by a person who owes allegiance to it.
A. Treason B. Espionage
C. Rebellion D. Coup d’ etat

85. A building or structure, exclusively used for the rest and comfort.
A. Sanctuary B. Prison
C. Jail D. Dwelling

86. The mental capacity to understand the difference between right and wrong.
A. Treachery B. Premeditation
C. Recidivism D. Discernment

87. Conspiracy to commit this felony is punishable under the law.


A. Estafa B. Murder
C. Rebellion D. Rape
88. It means that the resulting injury is greater than that which is intended.
A. Aberratio ictus B. Error in personae
C. Dura lex sed lex D. Praeter Intentionem

89. It means mistake in the blow.


A. Aberratio ictus B. Error in personae
C. Dura lex sed lex D. Praeter Intentionem

90. A stage of execution when all the elements necessary for its execution and accomplishment
are present.
A. Attempted B. Frustated
C. Consummated D. Accomplishment

91. An act or omission which is the result of a misapprehension of facts that is voluntary but not
intentional.
A. Absolutory cause B. Mistake of facts
C. Conspiracy D. Felony

92. Crimes that have three stages of execution.


A. Material B. Formal
C. Seasonal D. Continuing

93. Felonies where the acts of omissions of the offender are malicious.
A. Culpable B. Intentional
C. Deliberate D. Inculpable

94. It indicates deficiency of perception.


A. Negligence B. Diligence
C. Imprudence D. Inference

95. Acts and omissions punishable by special laws.


A. Offenses B. Misdemeanors
C. Felonies D. Ordinances

96. A character of criminal law, making it binding upon all persons who live or sojourn in the
Philippines
A. General B. Territorial
C. Prospective D. Retroactive

97. A legislative act which inflicts punishment without judicial trail.


A. Bill of attainder B. Bill of rights
C. Ex post facto law D. Penal law

98. The taking of a person into custody in order that he may be bound to answer for the
commission of an offense.
A. Search B. Seizure
C. Arrest D. Detention

99. Pedro stole the cow of Juan. What is the crime that he committed?
A. Robbery B. Farm Theft
C. Qualified theft D. Simple theft

100. Pedro, a 19 year old man had a sexual intercourse with her 11 year old girlfriend without
threat, force or intimidation. What was the crime committed?
A. Child rape B. Qualified rape
C. Statutory rape D. None of these

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