Batch 8

BATCH 8
BOARD EXAM TRIAL ON CRIMINAL LAW AND JURISPRUDENCE

Part 1
1. Which of the foregoing statements refer to "Corpus Delicti"?
I. Corpus delicti is the body or substance of the crime.
II. Corpus delicti is the fact that a crime has actually been committed.
III. Corpus delicti is the body of the person who is a victim of the homicide or murder.
a. II, III
b. I, II
c. I, III
d. I, II, III
2. What is the crime committed if the offender killed a person whose age is LESS THAN 12 years of age?
a. Homicide, in the absence of any qualifying circumstances under Article 248.
b. Murder, if not attended by circumstances under article 246.
c. Murder, even if the offender is any of the parent.
d. Parricide, regardless of relationship by consanguinity.
3. As a general rule, what does the constitution provide in so far as search and seizure is concern?
a. Search must be done by the police only.
b. Search must be upon order of the court.
c. Search should be conducted when there is a warrant.
d. Search must not deprive the person of his property.
4. The person was arrested without a warrant. His request for preliminary investigation was granted.
However, the conduct of preliminary investigation was not terminated and it already exceeded the period
allowed by the rules. What should the police officer in custody of the detained person do?
a. The police should not release the person, otherwise he will be administratively liable.
b. The Police should release the person from detention even without the order from the prosecution.
c. The police should not release the person subject to the receipt of the order of the court.
d. None of these
5. When the Revised Rules on Evidence was adopted?

a. March 14, 1989
b. January 1, 1932
c. December 1, 2000
d. July 1, 1972
6. The person is suspected of committing a crime which is punishable by imprisonment of at least 4
years, 2 months and 1 day the person was not subject to warrantless arrest. How will you proceed with the
case?
a. Report the matter to my superior and let them decide what to do with the situation.
b. Exert effort to arrest a person even without a warrant for the commission of a crime.
c. Fil a direct complaint with the prosecutor's office for inquest proceedings.
d. File a direct complaint with the prosecutor's office for preliminary investigation.
7. The PHASE in the commission of the crime when the person is from the point of beginning or within
the point where he can still decide to desist or continue the commission of the crime is the phase.
a. Objective
b. Internal
c. subjective
d. external
8. Evidence is used to arrive at a legal conclusion.

a. A means of ascertainment
b. Sanctioned by the rule of court
c. Judicial proceeding
d. Judicial truth
9. The constitutional limitation of ex post facto law in the enactment of criminal laws simply means at our
criminal law shall be applied .
a. Retroactively
b. In favor of the accused
c. prospectively
d. in against the state
10. It is the duty of the affirmative to prove that which it alleges.

a. Quantum of evidence
b. Quantum of Proof
c. Burden of evidence
d. Burden of proof
11. Don was driving his car when he bumped run over a pedestrian crossing the street. The pedestrian
died. What crime was committed by Don?
a. Reckless imprudence with homicide
b. Homicide through reckless imprudence
c. Reckless imprudence resulting in homicide
d. Homicide thru reckless imprudence
12. There are three ways of committing violation of domicile which among the following is NOT a way of
committing it?
a. Entering the dwelling of another against the will of the owner
b. Entering the dwelling of another to avoid greater evil
c. Searching papers and effect in the dwelling without the consent of the owner
d. Refusing to leave the dwelling after being required to do so the offender having surreptitiously entered
the same.
13. Which among the following is NOT a way of committing alarms and scandals?
a. Any person who within any town or public place shall discharge any firearm, rocket, firecracker or
explosives calculated to cause alarm or danger.
b. Any person who shall instigate or take an active part in any charivari or disorderly meeting offensive to
another or prejudicial to public tranquility.
c. Any person while wandering about at night or while engaged in nocturnal amusement shall disturb the
public peace.
d. Any person who habitually associate himself with prostitutes.
14. What crime is committed by any public officer or employee who shall agree to perform an act
constituting a crime, in connection with the performance of his official duties, in consideration of any other
promise gift or present received by such officer, personally or through the mediation of another?
a. Direct bribery
b. Indirect bribery
c. Prevarication or negligence or tolerance in prosecution
d. Qualified bribery
15. It is the totality of evidence presented for consideration

a. Quantum of evidence
b. Quantum of Proof
c. Burden of evidence
d. Burden of proof
16. The following are the sources of criminal law EXCEPT

a. Special laws
b. Ordinances
c. Special Penal Laws
d. Revised Penal Code
17. The accused in criminal proceedings has in his favour the rule that criminal laws should be construed
liberally in
a. Of the requirement of observance of due process
b. The prosecution has the burden of proof
c. The police is presumed to perform their duty with regularity
d. The accused is presumed innocent until proven guilty
18. What is the nature of Court Martials of Military?

a. Criminal Law
b. Civil law
c. Administrative law
d. Sui Generis
19. Rebellion and coup de' etat when committed by military personnel will subject them to court martial
proceedings. What is the NATURE of court martial proceedings?
a. Civil
b. Administrative
c. Sui generis
d. Criminal
20. Is a legislative act which inflicts punishment without trial. Its essence is the substitution of a legislative
act for a judicial determination of guilt.
a. Ex post facto
b. Bill of attainder
c. Prospectivity
d. Pro reo
21. Daniel was riding a passenger bus driven by James that collided with a car driven by Enrique, causing
Daniel injury, not knowing who was in fault, what will be your best suggestion MC. Criminologist for Daniel to
do?
a. File a civil action against Enrique
b. Await judicial finding regarding who was at fault
c. Sue James for civil action
d. Sue both James and Enrique as alternative defendants
22. Under the law, what agency that is empowered to order the change of venue or place of trial in order
to prevent the miscarriage of justice
a. Supreme Court
b. Executive Judge
c. Department of Justice
d. Regional state Prosecutor
23. 15 years old Baste, a habitual offender, was caught in possession of 100 grams of Marijuana. He was
charged for violation of Sec. 16 of RA 9165, the Comprehensive Dangerous Drugs Law. The court which has
jurisdiction is?
a. The MTC
b. The RTC
c. Special Drugs Court
d. Family Court
24. Is that part of the law which creates, defines and regulates rights concerning life, liberty, or property,
or the powers of agencies or instrumentalities for the administration of public affairs?
a. Substantive law
b. Remedial law
c. Constitutional law
d. Rights
25. It prescribes the method of enforcing rights or obtaining redress for their invasion.
a. Substantive law
b. Remedial law
c. Constitutional law
d. Rights
26. The rules on evidence are merely the means of ascertaining the truth respecting a matter of?
a. Prosecutor
b. Fact
c. note
d. defense
27. When the evidence presented in court during trial by the State and the accused are of equal weight,
which will prevail?
a. It depends
b. Accused
c. State
d. None
28. In criminal case, an accused can only be convicted if his guilt is proven beyond reasonable doubt. The
effect of failure to prove it warrants the court to
a. Admonish the accused
b. Reprimand the accused
c. Acquit the accused
d. All of the foregoing
29. Thea degree of proof required in civil actions?
a. Proof beyond reasonable doubt
b. Preponderance of evidence
c. Sufficiency of evidence
d. All of the above
30. The following are victimless crimes:

I. Gambling
II. betting on illegal cock fights
III. drug addiction
IV. prostitution
a. I, II, III
b. I, II, III, IV
c. I and IV only
d. I and III only
31. Jurisdiction over the subject matter is determined by the

a. Nature of the offense
b. Gravity of the offense
c. Investigating officer
d. Presiding judge
32. Criminal cases where the penalty prescribed by law for the offense charged does not exceed six
months fall under the rule on
a. Regular procedure
b. Summary procedure
c. Criminal procedure
d. Civil procedure
33. The degree of proof required to establish the crime is similar to that of establishing conspiracy and
that is proof beyond reasonable?
a. Necessity
b. Doubt
c. Motive
d. Fault
34. It is concerned with the procedural steps through which a criminal case passes, commencing with the
initial investigation of a crime and concluding with the unconditional release of the offender.
a. Evidence
b. Criminal procedure
c. Criminal law
d. Crime
35. In order for a court to validly exercise jurisdiction the following must be present
I. Jurisdiction over the person of the accused
II. Jurisdiction over the subject matter
III. Jurisdiction over the territory
IV. Jurisdiction the case
a. I, II, III
b. I and II
c. I and III
d. I,II, III, IV
36. are cases of the general class where the proceedings in question belong as determined by the
nature of the offense and the penalty imposed by law.
a. Jurisdiction over the person of the accused
b. Jurisdiction over the subject matter
c. Jurisdiction over the territory
d. Jurisdiction the case
37. Refers to the family history or descendant transmitted from one generation to another
a. Pedigree
b. Reputation
c. Privies
d. None of the above
38. In the Philippines, there are several courts of law. What is the example of 'second level courts?
a. Supreme Court
b. Court of Appeals
c. Metropolitan trial court
d. Regional trial Courts
39. Jurisdiction is the legal authority of the courts or judicial bodies to try or hear cases, be it criminal, civil
or administrative. Jurisdiction is derived from the Latin words ‘juris' and ‘dico' which means what?
a. Amen, I say to you
b. I speak of law
c. You hear me
d. Reformation
40. In the prosecution of crime particularly in the imposition of penalty, what kind of penalty has the
purpose to serve as example to the public to deter others from committing crime?
a. Exemplary
b. Retribution
c. Prevention
d. Reformation
41. The bouncing check law is covered by the rules on:

a. Regular procedure
b. Pre-trial
c. Preliminary investigation
d. summary procedure
42. What term refers to a single crime consisting of a series of acts arising from a single criminal resolution
not susceptible of division?
a. Territorial
b. Continuing
c. Single
d. Static
43. The facts alleged in the complaint and the laws in force at the time of the commencement of the
action determine the jurisdiction of the court. This statement is
a. Correct, as it is a general rule
b. Incorrect, as not one among the rules
c. It depends on the judge to consider
d. It depends on the law existing at the time of application
44. Cardo witnessed the commission of a crime but he refuses to testify for fear of his 1ife despite
subpoena being served on him. Can the court punish him for contempt?
a. Yes since public interest in justice requires his testimony
b. No, since no person can be compelled to be a witness against another
c. Yes, since the court needs help in presenting their cases.
d. No, since Cardo has a valid reason for not testifying
45. The filing of complaint with the Punong Barangay involving cases covered by the Katarungan
Pambarangay Rules shall
a. Not interrupt any prescriptive period
b. Interrupt the prescriptive period for 90 days
c. Interrupt the prescriptive period for 60 days prescriptive period not
d. Interrupt the prescriptive period not exceeding 60 days
46. In criminal actions, Venue is Jurisdictional.
a. Correct
b. Incorrect
c. Maybe
d. It Depends
47. May the warrant of arrest be executed by a Barangay Tanod?

a. Yes
b. Fact in issue
c. Proof
d. Evidence
48 Police Insp. Cardo saw 2 suspicious looking persons at dawn; hence, he stopped them. They were carrying
bags. When they were stopped, they tan and when apprehended, an unlicensed revolver was found in the
bag. Is the search without warrant valid or void? Stop and frisk
a. Yes, Valid as this is situation;
b. Yes, Probable cause is present when they acted suspiciously
c. Yes, they attempted to run when order to stop, that they are concealing something illegal
d. All of above
49. What is the fact plead to by one party and denied by the other?
a. Competent evidence
b. Fact in issue
c. Proof
d. Evidence
50. In habeas corpus proceedings, any person may apply for a writ on behalf of the aggrieved party. The
important issue in such a case is deprivation of one's?
a. Honor
b. liberty
c. reputation
d. property
51. Any lawyer or members of the bar shall, at the request of the person arrested or of another acting
in his behalf, have the right to visit and confer privately with such person, in jail or any other place of custody
at
a. Any hour of the working day only
b. Any hour of the day or, in urgent cases, of the night
c. Any hour of Saturdays and Sundays
d. Any hour of the designated visiting day only Answer: B
52. It is the ultimate facts or proposition to be established.
a. Factum probans
b. Factum probandum
c. Positive evidence
d. Negative evidence
53. What is that fact by which the factum probandum establishes?

a. Fact in issue
b. Material evidence
c. Factum Probans
d. Competent evidence
54. It is now a settled rule that the time of making arrest can be made during the day and at any time of
the day only. This statement is
a. True
b. False
c. It depends upon the judge
d. It depends upon the arresting officer
55. The form of evidence that is subject to the senses of the court is evidence.
a. Physical
b. Object
c. all of these
d. real
56. If the person arrested is not delivered to the authorities, the private individual making the arrest incurs
criminal liability for:
a. Unlawful arrest
b. Illegal detention
c. Arbitrary detention
d. All of the above
57. What is the purpose why independent relevant evidence is admitted by courts?
a. To show that a certain fact occurred, whether true or not.
b. To prove to the court the allegations.
c. To prove that the fact is true.
d. To prove that a fact is not true.
58. Our criminal law may be applied extraterritorially which simply means that
a. Our criminal law may be enforced by another sovereign country
b. Our criminal law may be applicable even outside of our territory
c. Foreigners here in our country may be charge for violation of our criminal law
d. Those accused of crime may be arrested even outside of our territory
59. Amiril a Moro, with five wives who are all living with him, kills by means of poison his second wife
married by him is liable for?
a. Parricide
b. Homicide
c. Murder
d. No criminal liability
60. The following are crimes against public order EXCEPT:

a. Alarms and scandal
b. Illegal association
c. Usurpation of authority
d. Evasion of service of sentence
61. In the crime of adultery, the offender is the married what?

a. man
b. paramour
c. lover
d. Woman
62. In crimes against persons such as murder, homicide and parricide, the victim should die and there
must be intent to kill. Which of the said crimes requires relationship between the victim and the perpetrator?
a. Homicide
b. parricide
c. Murder
d. none of these
63. Cardo, Alden and Binay broke into the National Food Authority forcibly destroyed the door of the
warehouse in order to address the sufferings of the people within the area. Thus they called all the people to
help them by empting all the goods stored therein. Cardo. Alden and Binay did not even took something for
themselves. What crime was committed?
a. Sedition
b. Rebellion
c. Direct assault
d. Indirect assault
64. Mutiny and piracy are practically the same. The only difference is that in Mutiny, the offenders are
passengers or crew members while in piracy, the attackers are what to the vessel?
a. crew members
b. passengers
c. officers
d. strangers
65. In searching domicile under art. 130 of the RPC, if owner of the house or any member of the family is
not around, how many witness residing in that area is required in order to have a valid search?
a. 3
b. 4
c. 1
d. 2
66. Bong issued a check in favor of Cayetano for a debt he has incurred a month ago. When the check
was presented for payment, it was dishonored by the bank. What crime is committed by Bong if any?
a. Estafa
b. Theft
c. Violation of bouncing check law
d. No Crime was committed
68. In crimes against chastity like act of Lasciviousness, is relationship of the offender to the victim
considered an aggravating circumstance?
a. Yes
b. no
c. It depends
d. Possible
67. Supposing, Bong approach Cayetano and told Cayetano to deliver to him 10,000 Pesos and Bong
would issue in his favor a check in the sum of 13,000 pesos as it was a Sunday and Bong needed the cash
urgently. Cayetano gave 10,000 pesos to Bong having in mind the profit of the amount of 3,000 pesos When
Cayetano encash the check on the following day it bounced or dishonored. What crime was committed by
Bong if any?
a. Estafa and violation of BP 22
b. Malversation
c. No Crime
d. Theft
69. If a person is arrested by virtue of a warrant, it means that there is already a case and if a person is
arrested without a warrant, it means that there is no case filed in court yet. This statement is?
a. Correct
b. Incorrect
c. Partially Correct
d. Partially Incorrect
70. A public officer who agrees to commit a criminal offense in connection with the exercise of the powers
of his office in consideration of a price, reward, promise or gift is indication of?
a. Direct bribery
b. Indirect bribery
c. Malversation
d. Corruption of public officials
71. This is the act of a person who knowingly offers in evidence a false witness or testimony in any judicial
or official proceeding.
a. false testimony
b. perjury
c. subordination of perjury
d. Prevarication
72. When a public officer fails to do an act which he ought to perform, he can held liable for?
a. Misfeasance
b. malfeasance
c. Nonfeasance
d. Infidelity
73. . In self-defense, from whom shall the unlawful aggression come from?
a. Defender
b. Victim
c. none
d. other person
74. The most important element in self-defense is unlawful aggression. There can be no self- defense
unless the victim first commit unlawful aggression against the person who resorted to what?
a. Treachery
b. Self-defense
c. killing
d. self-denial
75. . The following are considered alternative circumstances EXCEPT:

a. Degree of intoxication
b. Habitual education
c. Degree of Instruction
d. Relationship
76. Which of the following is an exempting circumstance? When the crime is committed by a person
a. who had no intention to commit so grave a wrong as that committee
c. Partly true
d. Partly false
77. Minority is considered either as circumstance.

a. A justifying or mitigating
b. An aggravating or justifying
c. An exempting or mitigating
d. An aggravating or exempting
78. Offenders are from criminal liability if they are completely wanting in discernment at the time that they
committed the offense.
a. Justified
b. Mitigated
c. Aggravated
d. Exempted
79. Imbecility us exempting in all cases while insanity is not if the offender committed the crime during a
lucid interval. This statement 18 correct.
a. False
b. True
80. The following are aggravating circumstances EXCEPT:

a. A crime is committed in a place dedicated to religious worship
b. Taking advantage of his public position by the offender
c. Act is committed with insult to public authorities
d. The offender is deaf and dumb
81. What do you call the aggravating circumstance which applies to all crimes?
a. Generic
b. Inherent
c. Specific
d. Qualifying
Situation
Szy is a daughter of Rainyl. Szy has in her possession the Cellphone of Jillian.
82. Szy has the possession of cellphone of Jillian. Rainyl sold the cellphone of Jillian. Rainyl is liable for?
a. Accessory
b. Accomplice
c. Harborer
d. Fencing
83. Rainyl disposed the cellphone of Jillian. Rainyl is liable for

a. Accessory
b. Accomplice
c. Harborer
d. Fencing
84. This is committed by any person who. Without authority therefore enters a warship, Fort, or a naval or
military establishment or reservation, to obtain any information, plans, photographs or other data of a
confidential nature relative to the defense of the Philippines.
a. correspondence with hostile country
b. giving motive for reprisal
c. violation of neutrality
d. espionage
85. Which of the following is not crime against persons?

a. Discharge of firearms
b. Death in a tumultuous affray
c. Challenging to a duel
d. Alarms and scandal
86. James claims to have been injured by the negligence of Curry who denies having been negligent, the
negligence of Curry and the casual connection between such negligence and the injuries of James taken as a
whole of the suit constitutes
a. factum probans
b. factum probandum
c. a and b is correct
d. none of the above
87. Committed by a married woman who shall have sexual intercourse with another man not her husband.
a. Concubinage
b. Adultery
c. Bigamy
d. Infidelity
88. Crimes punishable by prison correctional prescribe in years
a. Fifteen
b. Five
c. Ten
d. One
89. Person who, subsequent to the commission of a crime and without taking part in it concealed the
instruments thereof are called:
a. Accomplices
b. Malefactors
c. Accessories
d. Fences
90. When the accused is completely deprived of reason or discernment and freedom of the will at the time
of committing the crime, it is said that is present.
a. Insanity
b. Status
c. Lack of skill
d. Aberration
91. . The accused with lewd design brought the woman who is a minor in a secluded place but with the
consent of the latter. The accused is liable for the crime of
a. Simple seduction
b. Forcible abduction
c. qualified abduction
d. consented abduction
92. The process required to determine probable cause based on direct filing of a complaint so that the
information may be filed in court is
a. Ex-parte examination of the complaint
b. Preliminary investigation
c. Inquest proceedings
d. Judicial determination of probable cause
93. During arraignment, the accused is required to enter his plea. So that the accused may be intelligently
understands the consequences of his plea, what is the mandatory requirement in entering the plea?
a. The accused should be assisted by his witnesses.
b. The accused should be assisted by the court of competent jurisdiction.
c. The prosecution should offer lower irresistible offer.
d. The accused should be assisted by competent and independent counsel.
94. To determine the relevancy of any item of proof, the purpose for which it is sought to be introduced
must first be known or
a. Be formally offered
b. Be marked as evidence
c. Must be tagged
d. All of the above
95. Whether or not the factual information tendered for evaluation of the trial court would be helpful in the
determination of the factual issue that is disputed.
a. Test of relevancy
b. Test of competency
c. Test of admissibility
d. All of the above
96. During trial, Atty. Dimagiba offered evidence that appeared irrelevant at that time but he said he was
eventually going to relate to the issue in the case by some future evidence. The defendant objected. Should
the trial court reject the evidence in question on ground of irrelevance?
a. No, it should reserve its ruling until the relevance is shown.
b. Yes, since the plaintiff could anyway subsequently present the evidence anew.
c. Yes, since irrelevant evidence is not admissible.
d. No, it should admit it conditionally until its relevance is shown.
97. It is a form of evidence supplied by written instruments or derived from conventional symbols by which
ideas are represented on material substances.
a. Primary or best evidence
b. Secondary evidence
c. Documentary evidence
d. Negative evidence
98 For the purpose of their presentation inn evidence, documents are either
a. public or private
b. affidavit or sworn statement
c. handwritten or type write
d. all of the above
99. Unless a different period is allowed by the court, an offer of evidence in writing shall be objected
a. evidence in writing
b. evidence offered orally
c. as soon as the grounds become apparent
d. within three (3) days after notice of the offer
100. Under the English Rule, crimes committed on board a foreign merchant vessel while on the waters of
another country are in that country unless such crimes affect merely the internal management of the
vessel.
a. Not triable
b. Eligible
c. Triable
d. Coverable
Part 2
101. When making an arrest by virtue of a warrant, the officer shall inform the parson to be arrested of the
cause of the arrest and the fact that a warrant has been issued for his arrest, except
a. when he flees or forcibly resists before the officer has opportunity to so inform him
b. when the giving of such information wil1 imperil the arrest
c. Both A and B are correct
d. voluntary surrender
102. An officer, in order to make an arrest either by virtue of a warrant, or without a warrant, may break
into any building or enclosure where the person to be arrested is or is reasonably believed to be, if he is
refused admittance thereto, after announcing his authority and purpose. Is this allowed?
a. No, it is a violation of domicile
b. No, it is trespass to dwelling
c. Yes, it is in accordance with the rules
d. Yes, according to the judge
103. If a person lawfully arrested escaped or rescued, a person may immediately pursue or retake him
without a warrant at any time and in any place within the Philippines. This statement is
a. Correct, in accordance with the rules
b. Incorrect, it is baseless
c. Sometimes correct, when the person is unidentified
d. Sometimes incorrect, unless with a valid search warrant
104. A restraint on person, depriving one of his own will of the law. What is being defined?
a. Custody
b. Arrest
c. Search
d. Seizure
105. If the judge finds probable cause, what willl he issue as mentioned in Section 7(new section of rule
112)?
a. Warrant of arrest
b. Subpoena
c. Summons
d. Search warrant
106. Documents written is unofficial language shall not be admitted as evidence EXCEPT
a. When accompanied with a translation in the dialect understood by the witnesses
b. When translated in Filipino or English by counsels before the trial.
c. When translated in a dialect understood by the accused
d. All of the above
107. When an instrument consists partly of written words and partly of a printed form, and the two are
inconsistent which of then she prevail if they are inconsistent with each other?
a. the latter
b. the former
c. either of them
d. none of them
108. Ancient document is a private document which is more than years old, produced from a Custody in
which it would be naturally found it as genuine.
a. 25
b. 30
c. 35
d. 40
109. When carbon sheets are inserted between two or more sheets of paper with the writing and the
signature on the first sheet being reproduced in the sheets beneath by the same stroke of the pen or Writing
medium, all of the sheets are deemed?
a. original documents
b. secondary evidence
c. carbon copy
d. mimeograph
110. May a "fake" document be considered as original" or "authentic"?

a. Yes, a forged or spurious document when presented in court for examination is considered as the
original fake or forged document.
b. No, the allegedly forged or spurious document is only secondary to the original questioned document.
c. Yes, although it was a fake document when it is offered in court it would be consider as public
document and an original document.
d. No, Fake document carries in itself falsities which could not be accepted in court as authentic and
original.
111. Which rule of evidence applies only to documents?
a. Best evidence
b. Privileged communication
c. Opinion
d. Hearsay
112. Which of the following is an underlying purpose of Best evidence rule.

a. The production of the original to prove its authenticity.
b. The production of the highest and the most reliable evidence in the hierarchy of evidence.
c. To prevent fraud or mistake in the contents of writing.
d. All of the above
113. Is a rule which forbids any addition to or contradiction of the terms of a written instrument by
testimony purporting to show that, at or, before the signing, of the document, other or different terms were
orally agreed upon by the parties.
a. Best Evidence Rule
b. Parole Evidence Rule
c. Original of a Document
d. Secondary evidence
114. Parole evidence rule applies to

a. Subsequent agreements placed on issue
b. Written agreements or contractual documents
c. Judgment on a compromise agreement
d. Will and testament
115. All persons, having organs of sense, can perceive and perceiving, and can make their perception to
others, may be a
a. Witness
b. Prosecutor
c. Defense counsel
116. It is meant the legal fitness or ability of a witness to be heard on the trial of a cause.
a. Competency of witness
b. Marital Disqualification
c. Qualification of a witness
d. Dead Man's Statute Rule
117. A misleading question is one which:
a. Is wrong in grammar
b. assumes a fact not yet testified to by the witness
c. is impertinent to the issue
d. suggest the answer which the examining party desires
118. Leading questions are allowed in except

a. cross examination
b. direct examination
c. preliminary matters
d. of an unwilling or hostile witness
119. The order of examination of individual witness

a. cross examination, direct examination, re cross examination, re-direct examination
b. direct examination, cross examination, re direct examination, re-cross examination
c. direct examination, cross examination, re cross examination, re-direct examination
d. cross examination, direct examination, re direct examination, re-cross examination
120. In court proceedings, examination of witness means:
a. to be examined by a physician in court
b. to interrogate a person in the witness stand
c. to determine his capacity to speak
d. to be given a test before hearing
121. One is not purpose of cross examination

a. to discredit the witness
b. to ask him misleading question
c. to discredit the testimony of the witness
d. to elicit admission from witness
122. This is not absolute rule of law and is not strictly applied in our jurisdiction. This doctrine means that if
the testimony of a witness on a material issue is willfully false and given with intention to deceive, the jury
may disregard all witness' testimony.
a. the fruit of poisonous tree
b. false in one thing, false in everything
c. doctrine of processual presumption
d. due process of law
123. A narrative testimony is usually objected to but the court may allow testimony if
a. It would expedite trial and give the court a clearer understanding of the matters related.
b. The witness is of advanced age.
c. The testimony relates to family genealogy.
d. The witness volunteers information not sought by the examiner.
124. What do you call the written record of the court proceedings made by the official stenographer?
a. Record
b. Transcript
c. Entry
d. Blotter
125. . It is the examination in chief of a witness by thee party presenting him on the facts relevant to the
issue.
a. cross examination
b. direct examination
c. custodial examination
d. custodial interrogation
126. When a case is filed in this court, bail becomes a matter of right before or after conviction, which court
is it?
a. Regional Trial Court
b. Municipal/Metropolitan Trial Court
c. Court of Appeals
d. Sandiganbayan
127. The constitutional limitation of bill of attainder in the enactment of criminal laws simply means that our
criminal law shall
a. Decrease the imposed penalty to favor the accused
b. Imposed the penalty even without hearing and trial
c. Applied the penal ty only sparingly in favor of the state
d. Impose the penalty only after due hearing and trial.
128. Because the burden of proof rests with the prosecution, the duty to convict the person belongs to
a. None of these
b. The strength of the prosecution's evidence
c. The courts discretion based on evidence
d. The weakness of the accused' s evidence
129. A Filipino killed a Chinese on board a vessel bearing the flag of Mexico while the vessel is in the
Philippine territorial waters, should the criminal law of the Philippines apply?
a. No, because the crime was committed board a Mexican vessel.
b. Yes, because the crime was committed within the Philippine territory.
c. Yes, because the offender is a Filipino.
d. No, because the offended party is a Chinese
130. A police officer testifying before the court is allowed to refer to his/her memorandum respecting a
matter of
a. Opinion of an expert
b. Fact recorded by his superior
c. Fact he recorded a long time ago
d. Question of law
131. The party is deemed to have rested its case

a. Once the parties agreed as stated in the Pre Trial
b. As may be ordered by the court
c. After the court ruled on the formal offer of evidence
d. After the Prosecution has offered its evidence
132. Leni was charged for Election Sabotage. She listened attentively as the Judge read the sentence, when
the judge reached the disposition and pronouncement that Leni is guilty, Leni got angry and threw the
cellphone she was holding at the judge hitting in the right temple which is tantamount to laying hands on the
judge who is a person in authority. What crime was committed by Leni if any?
a. Indirect assault with serious physical injuries
b. Qualified Direct assault with serious physical injuries
c. Direct assault with slight physical injuries
d. Disobedience and desistance
133. It is a crime committed when a married woman is taken away against her will with lewd design.
a. Forcible abduction
b. Consented abduction
c. Forcible seduction
d. Qualified seduction
134. One which is any act committed without violence but unjustly annoys an innocent person. As it is a
punishable act, it should include any human conduct which, although not productive of some physical of
material harm would however, unjust or annoy an innocent person.
a. Unjust vexation
b. Grave coercion
c. Grave threats
d. Maltreatment
135. This crime is committed upon a private person who comes to the aid of an agent of a person in
authority on direct assault committed against the latter.
a. Resistance or disobedience
b. Indirect assault
c. Direct assault
d. Physical injury
136. Bayer haven't yet smoke in a month, and when in the act of lighting up a cigarrete was prevented
Aldaba from smoking in front of the School. Aldaba is liable for?
a. Light Coercion
b. Grave Coercion
c. Unjust Vexation
d. No crime
137. What is the form of evidence consisting of letters, symbols, numbers or any inscription?
a. Parole evidence
b. Original evidence
c. best evidence
d. documentary evidence
138. A reviewee for ten years, Dorol who always failed in the CLE, felt that he had license to engage in
voyeurism. If not peeping into his neighbors' rooms through his powerful single-cylinder
telescope, he would trail young, shapely damsels along the hal1lways of shopping malls. While going up the
escalator, he stayed a step behind a mini skirted one, and in a moment of excitement, put his hand on her
left hip and massaged it. The damsel screamed and hollered for help. Dorol was apprehended and brought up
on inquest. What charge/s, if any may he be held responsible for?
a. Acts of lasciviousness
b. Attempted Rape
c. Unjust Vexation
d. Voyeurism
139. This is a crime committed by a public officer who is entrusted with law enforcement who, in
consideration of any offer, promise, gift or offer, refrains from arresting or prosecuting an offender who has
committed a crime punishable by reclusion perpetua and/or death.
a. Direct Bribery
b. Indirect Bribery
c. Qualified Bribery
d. All of the above
140. Dorol brought his son to a local faithhealer known as "Mother Bonga." He was diagnosed by thee
faithhealer as being possessed by an evil spirit. Dorol thereupon authorized the conduct of a "treatment"
calculated to drive the spirit from the boy's body. Unfortunately, the procedure conducted resulted in the
boy's death. What is the crime committed by Mother Bonga?
a. Reckless imprudence resulting in Murder
b. Reckless imprudence resulting in Homicide
c. Murder
d. No crime
141. This is committed by an accountable public officer who shall appropriate or shall misappropriate or
shall consent or through abandonment or negligence shall permit another person to take public funds or
property.
a. Direct bribery
b. Qualified bribery
c. Illegal use of public funds and property
d. Malversation of public funds and property
142. This is committed by a public officer who shall consent to the escape of a prisoner in his custody.
a. Conniving or consenting to evasion
b. Evasion of service of sentence
c. Evasion through negligence
d. Other cases of evasion
143. This is committed by any public officer who shall solicit or make immoral advances to a woman under
his custody or to other women like the wife, daughter, sister or relative within the same degree by affinity of
any person in the custody of a warden or officer.
a. Abuses against chastity
b. Acts of lasciviousness
c. Sexual harassment
d. Sexual shakedown
144. Maine, Clerk of Court of an RTC Branch, promised the plaintiff in a case pending before the court that
she would convince the Presiding Judge to decide the case in plaintiff's favor in consideration therefor, the
plaintiff gave Maine 20,000 pesos. Maine be charged for what crime?
a. Indirect Bribery
b. Violation of RA 3019
c. Art. 211 of the RPC
d. All of the above
145. It is entitled as "An Act to Secure the State and Protect Our People from Terrorism" A.K.A Anti
terrorism Law or Human Security Act of 2007.
a. RA 9372
b. RA 9346
c. RA 9262
d. RA 9439
146. Daniel and Nadine are brothers and sisters. One day while Daniel was in the office. Nadine stabbed her
brother Daniel from the back. Daniel unable to defend himself and died. What crime was committed by
Nadine?
a. Murder
b. Homicide
c. Parricide
d. Serious Physical Injury
147. What crime is committed by anyone who shall bury with pomp the body of a person who has been
legally executed?
a. Tumults and other disturbances of public order
b. Alarms and scandals
c. Slander
d. Libel
148. Persons who assisted the offenders to profit by the effects of the crime are known as:
a. Accomplices
b. Perpetrators
c. Accessories
d. Fences
149. Duterte with a revolver shot Roxas, missing him but the bullet hit Binay who is Duterte's father.
Duterte committed the crime of attempted homicide with parricide. What kind of a complex crime is
committed?
a. Compound crime (Delito Compuesto)
b. Complex crime proper (Delito Complejo)
c. Complex crime
d. Continuing Crime (Delito Continuado)
150. It is an accessory penalty provided by law when the principal penalty imposed upon the offender for
the commission of a crime is more than twelve years imprisonment.
a. Amnesty
b. Civil interdiction
c. Capital offense
d. Fine
151. Is a kind of a crime which is committed by a person who performs an act which would be an offense
against person or property, were it not for the inherent impossibility of its accomplishments on account the
employment of inadequate or ineffectual means.
a. Complex crime
b. Prescription of crime
c. Impossible crime
d. Material Crime
Answer: C
152. Sofia is the boyfriend of James. One night against Sofia's will James forcefully had sex with Sofia,
James now is facing charges for rape. Assuming that Sofia agrees to the proposal of marriage by James,
what will happen to James criminal liability if marriage takes place?
a. Criminal liability is partially extinguished
Amici Review Center Page 16

b. Criminal liability is totally extinguished c. Marriage has no effect because rape now is a public crime
where the state can prosecute the case de officio
d. Marriage has no effect because a husband could commit rape against his wife.
Answer: B
he accused was at another place when the crime was committed. Incidentally this defense is known
153. Danilo is accused of robbery of a certain house in Makati City. Upon being arrested Danilo interposed
the defense that he was in Antipolo City at the supposed time that the robbery was committed. Danilo is
interposing which is a plea that he accused was at another place when the crime was committed. Incidentally
this defense is known as the weakest defense in a criminal case.
a. Denial
b. Defense of Alibi
c. Defense of duress
d. All of the above
Answer: B
154. Danilo is accused of robbery of a certain house in Makati City. Upon being arrested Danilo interposed
the defense that he was in Antipolo City at the supposed time that the robbery was committed. Danilo is
interposing which is a plea that
as the weakest defense in a criminal case.

a. Denial
b. Defense of Alibi
c. Defense of duress
d. All of the above
Answer: B
155. Honasan proposed to Chiz that they rob a certain store, to which Chiz agreed, later, however, Chiz
undertook the robbery alone and made off with P90.000.00 cash. The following day, after making some
shallow explanation, Chiz apologized to Honasan and gave the latter P20.000.00 which Honasan somewhat
grudgingly accepted. What is Honasan's liability? If any?
a. Principal
b. Accomplice
c. Accessory
d. Conspirators
Answer: C
156. An arrest is made by an actual restraint of a person to be arrested, or by_
a. Recognizance
b. way of probation
c. His submission to the custody of the person making the arrest.
d. voluntary detention
Answer: C
157. The duty of the officer executing the warrant to arrest the accused is to_
a. detain the arrested person within the time prescribed by law
b. deliver him to the nearest police station or jail without unnecessary delay
c. conduct preliminary investigation
d. lock up the person to the detention cell for safekeeping
Answer: B
158. In criminal case for violation of city ordinance, the court may issue a warrant of arrest
a. For failure of the accused to submit his counter-affidavit
b. After finding probable cause against the accused
c. For failure of the accused to post bail

d. For non-appearance in court whenever required
Answer: D
159. Joime threw a bag from a truck and thee marijuana leaves spilled out of the bag. Joime was arrested
and search without warrant. Was that search valid?
a. Yes, It is legal
b. Yes, as there was no search-conducted
c. Yes, It is a plain view doctrine search d. All of the above
Answer: D
160. Search warrant and seizure of personal property, ownership over it is
a. Nott necessary as possession and control is required
b. Necessary as possession and control is required
c. Indispensable as personal property requires ownership

d. Dispensable as personal property requires Ownership
Answer: A
161. Is outlawed because they place the sanctity of the domicile and the privacy of communication and
correspondence at the mercy of the whims, caprice or passion of peace officers.
a. Unreasonable search and seizure
b. Illegally seized documents
c. General search warrant
d. All of them
Answer: A
162. It is where one assumes as true a fact not yet testified to by the witness, or contrary to that which he
has previously started?
a. leading question
b. misleading question
c. direct examination
d. cross examination
Answer: B
163. After the cross examination of the witness, what is the next procedure?
a. Direct examination
b. Re-direct examination
c. Cross examination
d. Re-cross examination
Answer: B
164. The re-examination by counsel of his own witness after examination by the adverse counsel is
known as and is a matter of right and not merely a privilege.

a. Re-investigation
b. Pre-trial examination
c. Re-cross examination
d. Re-direct examination
Answer: D
165. Can a husband testify against the wife in an adultery case?
a. Yes, the privilege of marital communication rule is already abolished
b. Yes, under the law she is a competent witness
c. Yes, because crime charge is one committed by wife against the husband
d. No, the privilege of marital communication rule is already abolished
Answer: C
166. A rule which forbids husband and wife, during their marriage, from testifying for or against the other
without the consent of the affected spouses except in some circumstances.
a. Disqualification of witness
b. Marital Disqualification
c. Dead Man' s Statute Rule
d. Privilege Communication rule
Answer: B
167. The questioning initiated by law enforcement authorities after a person is taken into custody or
otherwise deprived of freedom of action is
a. Illegal detention
b. Arbitrary detention
c. Custodial investigation
d. Preliminary investigation
Answer: C
168. Which of the following is not REQUIRED of a declaration against interest as an exception to the
hearsay rule?
a. The declarant is dead or unable to testify.
b. At the time he made said declaration he was
unaware that the same was contrary to his aforesaid interest.

c. The declaration relates to a fact against the interest of the declarant.
d. The declarant had no motive to falsify and believed such declaration to be true.
Answer: B
`169. Mr. X was shot with .45 pistol after 2 hours. He was visited by Mr. Y at the hospital where he was
immediately brought before treatment of the gunshot wound. Mr. X told Mr. Y that it was Mr. Z who shot
him. For with, Mr. Y who is a law graduate took the initiative of taking down in long hand the statement of
Mr. X who narrated the events surrounding ad the categorically stated that it was Mr. Z who shot him. Ten
days after Mr. X died as the consequence of the gunshot wound. The statement of Mr. Y may be received
evidence as?
a. part of res gestae
b. dying declaration
c. A and B is correct

Answer: D
170. Alden and Cardo are very good friends. Cardo has been asking Alden whether he was legally married
with Maine to which Alden has repeatedly evaded. One day Alden was stabbed and his friend Cardo rushed to
him and after assisting him Cardo reiterated his question to Alden whether Maine whom he was living was his
legal wife. Conscious of his impending to death, Alden admitted that said woman is only his mistress. The
declaration is
a. Dying declaration
b. Res gestae
c. Adoptive omission
Answer: D
171. Cardo was shot by Don Emilgio in the course of Robbery. On the brink of death. Cardo told Maine that
it was Don Emilgio who shot and held him up. In the trial for Robbery with Homicide, Cardo's Declaration can
be admitted only ass dying declaration to prove?
a. Robbery
b. Homicide
c. Robbery and Homicide
d. The corpus delicti
Answer: B
172. Cardo saw the signing of a document by Alden. Cardo's testimony on the genuineness of the signature
is
a. Inadmissible
b. Admissible as evidence
c. Not accessible because he is not an expert
d. Admissible if corroborated with other
evidence
Answer: B
173. When the judge directed the prosecutor to qualify the witness' what does it mean? Witness is?
a. To take an oath
b. An expert witness
c. Ready for trial
d. Due for cross examination
Answer: B
174. Lucy was able to pocket a silver necklace while inside the jewelry store. When she was about to leave
the premises of the Jewelry store she was
accosted by the security guard and was 1mmediately brought to the police precinct. What crime was
committed by Lucy if any?
a. Consummated theft
b. Frustrated theft
c. Attempted theft
d. Qualified theft
Answer: A
175. Correction Isnp. Dela Vega while escorting Escapo a prisoner route to the Regional Trial Court allowed
the latter to answer the call or nature without taking precaution to prevent hiss escape as indeed Escapo
escaped through the Ceiling of the comfort room. What is the liability of the Correction Isnp. Dela Vega?
a. Conniving or consenting to
c. Evasion through negligence
d. Other cases of evasion
Answer: C
176. James forcibly grabbed Sofia in the waist and dragged her at the back of the establishment a place
hidden from the public view. Due to Sofia's constant screaming James became afraid and immediately run
away leaving Sofia alone, what
crime was committed by James if any?
a. Seduction
b. Attempted rape
c. Grave coercion
d. Acts of lasciviousness
Answer: D
177. This crime is committed by anyone who forcibly enter another person's house without the knowledge
of the owner but once inside, immediately and peacefully left the house the moment he was discovered by
the owner of the house?
a. Attempted theft
b. Attempted robbery
c. Trespass to dwelling
d. Frustrated trespass to dwelling
Answer: C

178. Viceganda became enraged with Maine. Viceganda was so mad that he wanted to get even with Maine
at the spur of the moment Viceganda took the clothes of Maine from the drawer and burned them. What
crime was committed by Viceganda?
a. Theft
b. Arson
c. Robbery
d. Malicious mischief
Answer: D
179. Alden threatened Cardo that he would kill the latter if Cardo would not give five thousand pesos. What
crime was committed by Alden if any?
a. Grave threats
b. Grave Coercion
c. Attempted murder
d. Attempted homicide
Answer: A
180. Which among the following is considered as slight physical injuries only?
a. Maltreatment
b. Loss of one's ear
c. Loss of one's tooth in front
d. Mutilation of one's genitals
Answer: A
181. Pacquiao during the weighing event slapped the face of Bradley in front of a lot people. What crime
was committed by Pacquiao?
a. Libel
b. Unjust vexation
c. slander by deed
d. Slight physical injury
Answer: C
182. An accessory is exempt from criminal liability when the principal is his
I. Spouse, ascendants, descendants, brothers and sister
II. Nephew, uncle, niece and aunt
III. Brother-in-law & sister-in-law
IV. Half-brother or sisters
a. I only
b. I and II
c. I,II, III
d. I,II, I1I, IV
Answer: A
183. In putting up self-defense in criminal prosecution, as prober, you have to determine the existence of
the most important element which is
what?
a. Deliberate
b. Motive
c. Actual killing
d. Unlawful aggression
Answer: D
184. Under our penal laws, is negligence and imprudence in itself a crime?
a. It depends
b. Maybe
c. No
d. Yes
Answer: C
185. The loss or forfeiture of the right of the state the state to prosecute the offender after the lapse of a
certain period of time fixed by law is called what?
a. Prescription of the crime
b. Prescription of the penalty
c. Estoppel
d. Waiver
Answer: A
186. The warrant must direct that it be served in the daytime, except:
a. The affidavit asserts that the property is on
the person or in the place ordered to be searched, in which case a direction may be inserted that it be served
at any time of the day or night.
b. The affidavit asserts that the property to be searched is worth an amount within the jurisdiction of the
Regional Trial Court
c. The place to be searched is the subject of embezzlement
d. All of the above
Answer: A
187. In determining the probable cause, it is required that
a. The judge must examine the complaint and his witnesses personally
b. The examination must be under oath
c. The examination must be in writing in the form of searching questions and answers
Answer: D
188. The following are the requisites for the issuance of a search warrant EXCEPT

a. It must be issued upon probable cause
b. The probable cause must be determined personally by the judge
c. Particularly describing the place to be searched
d. Particularly describing the person to be seized
Answer: D
189. PO2 Bautista is a gifted man and is in fact
considered by many in their office as having a third eye. There was a time when he said that there will be
two killings that will take place that week and it happened. In another instance, he predicted that a big fire
will happen and it did. Meanwhile, in his new place of assignment, the cop claimed that in the house of a
certain Oscar, the said man has, in his custody and safe keeping, a gold bar, a part of the yamashita
treasure.as the only criminologist in the police office, what shall you do to verify the said policeman?
a. Conduct surveillance
b.
Ransack Oscar's house

c. Require PO2 to have an oath
d. Apply for search warrant
190. As a rule, evidence illegally seized evidence is a. Inadmissible
b. Admissible
c. Voidable
d. Void
Answer: A
191. How is the application for a search warrant made?
a. Upon application and heard ex parte
b. Heard ex parte
c. Upon motion and public hearing

d. Upon application and for trial
Answer: A
192. PO2 Bautista is a gifted man and is in fact considered by many in their office as having a third eye.
There was a time when he said that there will be two killings that will take place that week and it happened.
In another instance, he predicted that a big fire will happen and it did. Meanwhile, in his new place of
assignment, the cop claimed that in the house of a certain Oscar, the said man has, in his custody and safe
keeping, a gold bar, a part of the yamashita treasure.as the only criminologist in the police office, what shall
you do to verify the said policeman?
a. Conduct surveillance
b. Ransack Oscar's house
c. Require PO2 to have an oath
d. Apply for search warrant
Answer: D
193. . The evidence which cannot be rebutted or overcome is called
a. Prima facie evidence
b. Conclusive evidence
c. Direct evidence
d. Best evidence
Answer: B
194. Based on the express representation of statements or upon positive acts or conducts. A party cannot,
in the course of litigation in pais, be permitted to repudiate his representation or occupy inconsistent position.
a. estoppel by deed
b. estoppel by pais
c. estoppel against tenant
d. estoppel by record of judgement
Answer: B
195. Based on procedural rules and may be overcome by evidence to the contrary
a. conclusive presumption
b. disputable presumption
c. processual presumption
d. all of the above
Answer: B
196. Evidence is relevant when it is material and has a. Probative value
b. Admissibility value
c. Sanctioned
d. All of the above
197. Is a legislative act which inflicts punishment without trial. Its essence is the substitution of a legislative
act for a judicial determination of guilt.
a. Ex post facto
b. Bill of attainder
c. Prospectively
d. Pro reo

Answer: B
198. The following are justifying circumstances, except one.
a. Self-defense
b. Accident
c. Avoidance of greater evil
d. Defense of relative
Answer: B
to
199. A parents killed his son less than 3 days old.

a. Abortion
b. Parricide
c. Infanticide
d. Murder
Answer: C
200. Evidence is that which derives its value, not solely from the credit to be given to the witness upon the
stand, but in part from the veracity and competency of some other person.
a. Hearsay
b. Doubtful
c. Dying Declaration
d. Common Reputation
Answer: A
201. A negotiation between the defense counsel and the prosecutor, aimed at reaching an agreement
whereby the prosecutor uses discretion
obtain from the judge a lighter sentence in exchange for the defendant’s entering a guilty plea.
a. arraignment
c. preliminary investigation
b. pre-trial
d. plea bargaining
202. A person who is under custodial investigation is basically protected by a number of rights mandated
under the constitution and this was even expounded in the legislative act known as ?
a. Miranda Doctrine
b. R.A. 7438
c. Bill of Rights
d. R.A. 6975
203. During trial of a criminal case, it is the prosecutor who directs the prosecution of the offense and
he/she did it on the behalf of the state. Once a case is elevated to the higher court such as Court of Appeals,
who represents the State in the prosecution of the offense?
a. Chief State Prosecutor
b. Solicitor General
c. National or provincial prosecutor
d. Judge
204. It is the formal reading of the charges against
a person accused of a crime and latter asking him whether he pleads guilty or not to the crime charged. a.
arraignment
b. preliminary investigation
c. plea
d. promulgation of judgment
205. It is the most common way by which the police discovers or it informed that a crime has been
committed:
a. When the witness voluntarily reports the
crime.
b. When the police discovers the crime
c. When the victim reports the crime d. When the suspect surrenders
206. A person lawfully arrested may also be searched for dangerous weapons or anything which may have
been used or constitute proof in the commission of an offense without search warrant. This describes:
a. search incidental to a lawful arrest
c. “hulidap”
b. search incidental to unlawful arrest d. I do not know the answer
207. These are facts and circumstances that would lead a reasonably discreet and prudent man to believe
that an offense has been committed and that the object sought to be seized is in the place sought to be
searched.
a. proximate cause c. affidavit
b. probable cause d. suspicion

208. is a remedy available to any person whose right to life, liberty and security is violated or
threatened with violation by an unlawful act or omission of a public official or employee, or of private
individual or entity. It shall cover extralegal killings and enforced disappearances.
a. writ of amparo c. writ of habeas data
b. writ of habeas corpus
209. Bravo, a sexual pervert failed to have sex for a month. However, in order to preserve for his birthday
his 'manoy' by sexually abusing Cherry, a losing candidate for Miss Barangay, he used his middle and ring
fingers in penetrating the genitals of Cherry. What crime is there?
a. Sodomy
b. No crime
c. acts of lasciviousness
d. rape
Answer: D
210. This principal character of the criminal justice process links all components of the CJS. a. Offender

b. Crime
c. Victim
d. Witness
211. . This involves the use of punitive and disciplinary measures such as solitary confinement to modify or
reform criminal behavior whose conduct and deportment is not totally responding to rehabilitation programs.
a. Isolation
b. Rehabilitation
c.
Reformation
d. Reintegration
212. Lorenzo saw Vicente leaving the house of Angelina the night before Angelina's body was found dead.
Through the testimony of Lorenzo and corroborated by other evidence a complaint was filed to the office of
the prosecutor. At this stage of the justice system Vicente is considered .
a. Suspect
b. Convict
c.
Accused
d. Respondent
213. They serve as the conciliation panel consisting of three (3) members.
a. Lupon tagapagkasundo
b. Pangkat tagapagkasundo
c. Lupon Tagapamayapa
d. Pangkat tagapamayapa
214. It is the suffering that is inflicted by the state for the transgression of the law.
a. penalty
b. exemplarity
c. punishment
d. self-defense
215. The settlement of a dispute by a person/s chosen to hear both sides and to come to a decision.
a. Mediation
b. Settlement
c. Arbitration
d. Agreement
216. The law "Creating a Katarungang Pambarangay Commission to Study the Feasibility of Resolving
Disputes at the Barangay Level". a.
PD 1508
b. PD 1293
c. PD 1580
d. PD 1239
217. Refers to the person who is being implicated to the commission of a crime and subject of an
investigation.
a. Convict
b. respondent
c. Accused
d. suspect
219. This classification of criminal law defines the elements that are necessary for an act to constitute as a
crime and therefore punishable.
a. procedural
b. substantive
c. criminal law
d. political law
220. . Is an inquiry or proceeding to determine whether 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.
a. preliminary investigation
b. Prejudicial question
c. inquest proceeding
d. custodial investigation
221. Mr. President was convicted of a crime, since he is the president, he asked Mr. X to serve his
(President’s penalty) in prison. This act is in violation of the conditions of penalty which is A. It must be equal
B. It must be legal
C. It must be personal
D. It must be proportionate to the crime
222. The authority of the court to take cognizance of the case in the first instance is:
a. Exlusive
b. General
c. Original
d. Limited
223. What is the total number of justices composing the Supreme Court excluding the Chief Justice?
a. 15
b. 14
c. 16
d. 13
224. Which department of the government has the power to order a change of venue of trial so as to avoid
a miscarriage of justice?
a. supreme court
c. congress
b. department of justice
d. executive branch
225. Jurisdiction of the court over the person of the accused is acquired by the following EXCEPT: a. upon
his voluntary appearance in court b. upon the
arrest of the accused
c. upon his release from detention
226 is enacted at a certain moment and date as a result of a conscious or deliberate effort by constituents or
a leader.
A. Written constitution
B. Unwritten constitution

C. Enacted constitution
D. Evolved (Cumulative) Constitution
ANSWER: C
227. is the result of political evolution that was not launched at a certain time, but rather changed by
accumulation as opposed to a systematic procedure.
B. Unwritten constitution
D. Evolved (Cumulative) Constitution
ANSWER: D
228. One that can only be altered through a formal, often difficult process
B. Rigid constitution
D. Flexible constitution
ANSWER: B
229. One that can be amended by ordinary legislation.
B. Rigid constitution
D. Flexible constitution
ANSWER: D
230. The portion of the Constitution that outlines the fundamental civil and political rights of the citizens
and imposes certain constraints on the
power of the government to ensure the exercise of these rights. These rights include the right to vote and
the freedom to peacefully gather without interference. The Bill of Rights is a portion of the Constitution that
contains a series of prescriptions outlining the basic civil and political rights of individuals and imposing
certain constraints on the authority of Article III.
A. Constitution of Liberty
B. Constitution of Government
C. Constitution of Sovereignty
D. Preamble
ANSWER: A
231. The Constitution requires a reasonable manner the conducted of this act, that is, with or without a
warrant based on probable cause.
A. Information
B. Search and Seizure
C. Conviction
D. Trial
ANSWER: B
232. The complainant and any witnesses must be
examined under oath or affirmation to determine probable cause for a search warrant or arrest warrant.
A. Police
B. Prosecution
C. Judge
D. Investigator
ANSWER: C
233. The exclusionary rule, which bolsters and fortifies the protection against unreasonable searches and
seizures, is complementary to the preceding article. Consequently, any evidence gathered in violation of this
or the preceding section is inadmissible in any proceeding.
A. Art. III, Section 1

B. Art. III, Section 2
C. Art. III, Section 3
D. Art. III, Section 4
ANSWER: B
234. In the case of People vs. Molina, without the exclusionary rule on warrants, this right would be
meaningless and unworthy of mention in a permanent charter of priceless human liberties.
A. Right to Communication
B. Right to Life
C. Right to Liberty
D. Right to Privacy
ANSWER: D
235. In People v. Hon. Estrada, the court ruled: The facts and circumstances that demonstrate must be
the best evidence that could have been gathered under the circumstances in serving warrants.
A. Proof beyond reasonable doubt

B. Information
C. Probable cause
D. Preponderance of evidence
ANSWER: C
236. Right to speedy, impartial, and public trial

A. The evidence is really material
B. A separate trial is consonant with the right of the accused to a speedy trial.

C. Evidence will be available at the time desired.
D. No similar evidence can be obtained.
ANSWER: B
237. Right to compulsory processes
A. If trial is unreasonably delayed, accused is entitled to dismissal, equivalent to acquittal.

B. The accused is not guilty of neglect in previously obtaining the production of such evidence.
C. The remedy of the accused in an unreasonable delay – habeas corpus (if he has been restrained of his
liberty) or certiorari, prohibition or mandamus for the final dismissal of the case.
D. Mere mathematical reckoning of the time involved would not suffice as the realities of everyday life
must be regarded in judicial proceedings.
ANSWER: B
238. Presumption of innocence; Who may invoke, EXCEPT
A. Only by an individual accused of a criminal offense. A corporate entity has no personality to invoke the
same.
B. The Constitutional presumption will not apply as long as there is some logical connection between the
fact proved and the ultimate
fact presumed, and the inference of one fact from proof of another shall not be so unreasonable as to be
purely arbitrary mandate.
C. The prima facie presumption of accountability does not shatter the presumption of innocence
which the petitioner enjoys because even if prima facie evidence arise, certain facts still have to be proved,
and the Sandiganbayan must be satisfied that the petitioner is guilty beyond reasonable doubt.
D. Its principal effect is that no person shall be convicted unless the prosecution has failed to prove his
guilt beyond reasonable doubt. The burden of proof to establish the guilt of the accused is with the
prosecution.
ANSWER: D
239. A writ issued by a court to a person detaining another, commanding him to produce the body of
the prisoner at a specified time and place, along with the date and reason for his capture and detention, and
to do, submit to, and submit to whatever the court or judge awarding the writ shall order on his behalf.
(Moran, The Rules of Court, Volume II, page 499)
A. WRIT OF HABEAS CORPUS
B. WRIT OF AMPARO
C. WRIT OF HABEAS DATA
D. WRIT OF KALIKASAN
ANSWER: A
240. A remedy available to any individual whose right to life, liberty, and security is violated or
threatened by an unlawful act
or omission of a public
official or employee, or a private individual or corporation (Sec. 1, A.M.
No.
07-9-12-SC)
B. WRIT OF AMPARO
ANSWER: B
241. a remedy available to any person

whose right to privacy in life, liberty, or security has been violated or threatened by an
unlawful act
or omission of a public official or employee, or of a private individual or entity engaged in gathering,

collecting, or storing data or information about the person, family, home, and correspondence of the
aggrieved party (Sec 1, A.M. No. 08-1-16-SC 22).
B. WRIT OF AMPARO
ANSWER: C
242. When a person is lawfully arrested without a warrant of arrest involving an offense, which requires a
preliminary investigation the complaint or information may be filed without need of such investigation,
provided an has been conducted in accordance with existing law or procedure
a. Preliminary investigation
b. Preliminary examination
c. Inquest proceeding
d. Fact finding investigation.
Answer: C
243. Under existing laws, what government office is required to conduct preliminary investigation on
public officers and employees?
a. NBI/DOJ
Sandiganbayan
c. Office of the Ombudsman
d. State Prosecutors office
Answer: C
b.
244. What is the matter being determined in Preliminary Investigation?

a. Judgment against the accused
b. Residence of the accused
c. Not a
c. Conviction of the accused
d. Existence of probable cause
Answer: D
245. At present, one of the following is NOT authorize to conduct preliminary investigation.
a. Prosecutor
b. Judges
ground for filing a demurrer to evidence

d. The failure to waive such right
Answer: A
247. Within how many days from receipt of the records, the provincial or city prosecutor, or the ombudsman
or his deputy, as the case may be, shall review the resolution of the investigating judge on the existence of
probable cause.
c. Assistant prosecutor
d. State prosecutor
Answer: B
246. In cases cognizable by regional trial courts, right to a preliminary investigation is a substantial right and
the denial of which amounts to a denial of due process.
Tts absence, however, is
a. Not a ground for motion to quash the information filed
b. A ground for motion to quash, the information filed
a. 10
b. 15
c. 30
d. 60
Answer: C
248. Who represents the People of the Philippines in criminal cases on appeal before the Court of
Appeals or the Supreme Court?
a. Private Prosecutor
b. City/Municipal Prosecutor
c. Lawyers
d. State Prosecutor
249. In criminal law, in order to validly invoke excepting Circumstance, there must be absence of what on
the part of the invoker?
a. Malice
b. Freedom
c. necessity
d. aggravating
Answer: A
250.. Under art. 125 of RPC how many hour shall a cop deliver or file a case at the prosecutor's office or
municipal judge in crimes punishable with light penalties??
a. 8
b. 6
c. 12
d. 18
Answer: C
251. Article of the Constitution that specifies the
procedure that must be followed prior to making official changes to the fundamental legislation; for instance,
Article 5 of the Constitution.
A. Constitution of Liberty
B. Constitution of Government
C. Constitution of Sovereignty
D. Preamble
252. The provisions of the constitution are considered to be .
A. Self-Executing
B. Non-Self-Executing
C. Partially Self-Executing
D. Partially Non-Self-Executing
253. What was violated if the accused Mario was not informed of his case due to absence of competent and
unbiased counsel was denied during the investigation?

A. To remain silent
B. To be provided a competent and independent counsel
C. Tob be informed of such rights
D. Right to be reminded that if he waives his right to remain silent
254. This provision contemplates the conveyance of substantive information rather than just the
ceremonial and perfunctory repetition of an abstract constitutional ideal.
A. To remain silent
C. To be informed of such rights
255. The right to be informed that everything the individual says can and will be used as evidence against
them if they waive their right to stay silent (Sec. 12, Art. III, 1987 Constitution)
A. To remain silent
C. To be informed of such rights
256. After conviction, BAIL AS A MATTER OF DISCRETION
A. Cases filed before the MeTC, MTC, and MCTC;
B. Cases filed before RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment
C. When the accused is charged with a capital offense or an offense punishable by reclusion perpetua or
life imprisonment, and evidence of guilt is not strong.
D. Accused convicted by RTC, but the penalty imposed does not exceed 6 years
257. At what time the accused may move to squash the complaint or information?
a. At any time before entering a plea

b. 10 days before the date of trial
c. 15 days immediately after plea bargaining d. 10 days upon receipt of information by the court
258. A case shall not be provisionally dismissed except with the express consent of the accused and with
the offended party.
a. The conformity of
b. Knowledge of
c. The authority of
d. Notice to
259. What kind of motion may be availed of any time before arraignment?
a. Motion to dismiss
b. Motion to review
c. Motion for reconsideration
d. Motion to quash
260. Motion to dismiss Motion to review Motion for reconsideration Motion to quash
a. At any time during the proceedings
b. Before entering the plea
c. After posting bail
d. Before the pre-trial conference
261. After the prosecution rested its case, the accused filed a demurrer to evidence. Would double jeopardy
be a valid defense if he charged again with the same offense against?
a. Yes, because the dismissal is tantamount to acquittal.
b. Yes, the case was not terminated on its own merits.
c. No, because the dismissal is with his consent or upon his own motion.
d. No, the case was not terminated on its merits hence double jeopardy is not a valid defense.
262. A crime was committed in Makati City. The case was filed in Antipolo City. When the prosecution
realized that the complainant should have been filed in Makati, he filed the case in Makati. Can the accused
invoke double jeopardy?

a. No, accused was in no danger of being placed in jeopardy as Antipolo has no jurisdiction.
b. No, because the prosecutor realized that the complaint should be filed in Makati.
c. Yes, the case in Pasay City was dismissed without his express consent.
d. Yes, the case in Makati City was dismissed
without his express consent.
263. In a prosecution for Robbery against Alden, the prosecutor moved for the postponement of the first
scheduled hearing on the ground that he had lost his records of the case. The court granted the motion but,
when the new date of trial arrived, the prosecutor, alleging that he could not locate his witnesses, moved for
provisional dismissal of the case If Alden's counsel does not object, may the court grant the motion of the
prosecution?
a. No, the case could not be provisionally dismissed although Alden's counsel failed to Object it. It does
not a constitute waiver on their part.
b. No, because a case cannot be provisionally dismissed except upon the express consent of the accused
and with notice to the offended party
c. No, because the prosecutor moved for the postponement of the first scheduled hearing on the ground
that he had lost his records of the case.
d. All of the above
264. A Pending criminal case was dismissed provisionally, it shall be deemed to be permanently
dismissed if not revived after 2 years with respect to offenses punishable by imprisonment of
a. of more than 6 years
b. Of more than 1 year
c. Not exceeding 2 years or a fine not exceeding P1,000
d. Of more than 6 years or a fine in excess of P1,000
265. . A criminal information is filed in court charging Cardo with Murder. Cardo files a motion to quash
information on the ground that no preliminary investigation was conducted. Will the motion be granted Mr.
Criminologist?
a. No, the motion to quash will not be granted. The lack of preliminary investigation is not a ground for
a motion to quash under the rules of criminal procedure.
b. No, preliminary investigation is only a statutory right and can be waived.
c. No, Cardo should file motion for reinvestigation
instead within five (5) days after he learns of the filing in Court of the case against him.
d. All of the above
266. Motion to quash if granted is tantamount to?
a. Dismissal
b. Acquittal
c. Judgment of Conviction
d. Amendment of Information
Situation:
The elements of Antipolo City Police, applied for search warrant in the RTC for the search of the house of
Ejay Tanierla and the seizure of an undetermined amount of shabu. The team arrived at the house of Ejay
Tanierla but failed to find him there. Instead, the team found Daniel Languido. The team conducted a search
in the house of Ejay Tanierla in the presence of Daniel Languido and the Barangay officials and found 10
grams of shabu. Daniel Languido was charged in court with illegal
possession of 10 grams of shabu.
267. Before his arraignment, Daniel Languido Filed a motion to quash the warrant on the ground that it was
not him who is in the search warrant. Would the motion be granted Mr. Criminologist?
a. Yes, the search was conducted without the Consent of the owner of the house and in fact, 1t is a
violation of searching domicile without witness.
b. No, the name of the person in the search warrant is not important, it is not even necessary that a
particular person be implicated.
c. Yes, the name of the person in a search warrant should be stated therein, the sane as the things to be
search and seized and the place to be search.
d. No, the search is conducted in the place where the search warrant will be served. Moreover, describing
the shabu in an undetermined amount is sufficiently particular.
Situation

SPO4 Sabuerro filed with the MTC in Antipolo City a sworn written statement duly subscribed by him,
charging Gapas (an actual resident of Samar) with the offense of slight Physical Injuries allegedly inflicted on
Longs (an actual resident of Antipolo City). The Judge of the branch to which the case was raffled thereupon
issued an order declaring that the case shall be governed by the rule on summary Procedure in criminal
cases. Soon thereafter, the Judge ordered the dismissal of the case for the reason that it was not commenced
by information, as required by said rule. Sometimes
later, based on the same facts giving rise to the slight physical injuries case, the City Prosecutor filed with
the same MIC an information for attempted homicide against same Gapas. In due time, before arraignment,
Gapas moved to quash the information on the ground of double jeopardy and after due hearing. The Judge
granted his motion.
268.. Was the dismissal of the complaint for slight physical injuries proper? Decide Mr. Criminologist.
a. Yes, the dismissal of the complaint for slight physical injuries is. Proper because MTC of Antipolo and
in chartered cities, the case has to commence only by information.
b. No, the dismissal of the complaint for slight physical injuries is improper, the MTC has jurisdiction over
offense with the penalty of less than 6 years.
c. Yes, the dismissal of the complaint for slight physical injuries is proper because the case is covered by
a summary procedure and requires Barangay Conciliation as the offense has the penalty of less than year
imprisonment.
d. I don’t know I am not yet a police officer, I will be able to know it when I was able to enter the
service.
269. Which among the following is not subject to mediation for judicial dispute resolution?
a. The civil aspect of BP 22 cases
b. The civil aspect of theft
c. The civil aspect of Robbery
d. Cases cognizable by the Lupong Tagapamayapa under the Katarungan Pambarangay Law.
270. If the accused appears to be suffering from an unsound mental condition, which effectively renders
him unable to fully understand the charge against him to plead intelligently.
a. The criminal charged must shall be dismissed
b. The arraignment shall be suspended
c. The trial shall be suspended
271. The case of Lebron, who is under detention, was raffled to the RTC on August 2, 2018. His
arraignment should be set bot later than?
a. August 5, 2018
b. August 17, 2018
c. August 31, 2018
d. August 12, 2018
272. It is the tendency of the evidence to establish the proposition that it is offered to prove.
a. Probative value
b. Admissibility value
c. Sanctioned
d. All of the above

273. That evidence which has a tendency in reason to establish the probability or improbability of a fact in
issue is known as
a. Material evidence
b. Relevant evidence
c. Competent evidence
d. Fact in issue
274. Which of the following tends to prove or disprove the issue or issues outlined in thee pleading of the
parties?
a. Relevant evidence
b. Corroborative evidence
c. Material evidence
d. Competent evidence
275. It is a kind of evidence that is not excluded by law in a particular case.
a. Competent evidence
b. Material evidence
c. Direct evidence
d. Circumstantial evidence

276. Commonly used for evidence excluded by the Constitution. A judicially created remedy which provides
that evidence obtained in violation of the accused constitutional rights must be suppressed from the
government's case in chief.
a. Search warrant
b. doctrine of fruit of poisonous tree
c. Exclusionary Rule
d. Substantial evidence
c.
277. Also known as "but for" or taint doctrine.
a. Exclusionary Rules
b. Search Warrant
c. Doctrine of fruit of poisonous tree
d. Warrant of Arrest
278. The following are exceptions of the rule that there must be a valid warrant before a search may be
made, except
a. buy-bust operation
b. plain view doctrine
c. consented search
d. extensive bodily search at a check point
279. What doctrine allows evidence obtained by the police officers in an illegal searched and seizures to be
used against the accused?
a. Exclusionary doctrine
b. Miranda ruling
Fruit of poisonous tree
d. Silver plater
280. It is a kind of evidence, the proof of fact or facts from which, taken either singly or collectively, the
existence of the particular fact in dispute may be inferred as a necessary or probably consequences
a. Circumstantial evidence
b. Corroborative evidence
c. Prima facie evidence
d. Cumulative evidence
281. The rule on circumstantial evidence is that it is not sufficient for conviction EXCEPT
a. There is more than one circumstance
b. The facts from which the inferences are derived are proven
c. The combination of all the circumstances such as to produce conviction beyond reasonable doubt
d. All of the above
282. Maine charged her husband, Alden with bigamy for a prior subsisting marriage with Pastillas Girl.
Maine presented Tidora and Nidora, neighbors of Alden and Pastillas Girl in Cebu city, to prove, first, that
Alden and Pastillas Girl cohabited there and, second, that they established a reputation as husband and wife.
Can Maine prove the bigamy by such evidence?
a. Yes, the circumstantial evidence is enough to support a conviction for bigamy.
b. No, at least one direct evidence and two Circumstantial evidence are required to support a conviction
for bigamy
c. No, the circumstantial evidence is not enough to support a conviction for bigamy.
d. No the circumstantial evidence cannot overcome the lack of direct evidence in any criminal case.
Situation:
Cardo was accused of having rape Maine. Rule on the admissibility of the following pieces of evidence.
283. A pair of short pants allegedly left by Cardo at the Locus Criminis.
a. The evidence may be admissible as a circumstantial evidence
b. The evidence may be admissible as an object evidence
c. The evidence may be admissible as a direct evidence
d. The evidence may be admissible as testimonial evidence
284. The lone testimony of Maine that she was been raped

285. Supposed that the pair of short pants allegedly left by Cardo at the Locus Criminis was presented to
the court that it was in fact the short of Cardo.
a.
Thea evidence may be admissible as circumstantial evidence

d. Thea evidence may be admissible as testimonial evidence
286. Supposed that the lone testimony of Maine was offered in court.
287. Evidence which will prove the same point but of a different kind pursuant to the rules is known as
evidence.
a. Cumulative
b. Pertinent
c. Relevant
d. Corroborative
288. Evidence the same, as that which is already given is called
a. Corroborative
b. Cumulative
c. "factum evidence"
d. Testimonial
289. Evidence which denies the existence of the fact in issue
a. rebutting
b. negative
c. disputable
d. conclusive
290. Mutiny and piracy are practically the same. The
only difference is that in Mutiny, the offenders are passengers or crew members while in piracy, the attackers
are what to the vessel?
a. crew members
b. officers
c. passengers
d. strangers
291. If an unlawful aggressor runs away from the crime scene because the weapon on his possession he
also intended to use in a fight was already taken from him by his adversary, can the latter validly invoke self-
defense if and when he still killed the said fleeing man?
a. Yes.
b. It depends
c. no
d. possible
292. The mental capacity of a minor to fully appreciate the consequences of his unlawful act, which capacity
maybe known and should be determined by taking into account all the facts and circumstances afforded by
the records in each case is what we call?
a. Incapacity
b. Culpability
c. discernment
d. determination
293. In searching domicile under art. 130 of ne RPC, if owner of the house or any member or the family is
not around, how many witness residing in that area is required in order to have a valid search?
a. 3
b. 1

c. 4
d. 2
294. There are 3 stages in the execution in the commission of a crime and these are: consummated,
frustrated and what?
a. Exempted
b. Premeditated
c. attempted
d.
none
295. In arbitrary detention, it is required that the offender is a public officer. If A' a cop and his kumpadre
'B' and C' serving as lookout and driver respectively, and without any legal ground conspired in detaining D', a
police character, whom do you charge if any?
a. B' and 'A'
b. All of them
c. A and 'C'
d. only 'A'
296. Under existing laws, what government office is required to conduct preliminary investigation on public
officers and employees?
a. NBI/DOJ
b. Sandiganbayan
c. Office of the Ombudsman
d. State Prosecutors office
297. When by simultaneous acts a person cooperates in the execution of an offense, he is termed as:
a. As accessory
b. A perpetrator
c. An accomplice
d. A conspirator
298. Under what previous law is possession of dangerous drugs punishable?
a. Republic Act 6425
b. Republic Act 8294

c. Republic Act 9516
d. PD 1866
299. . If writing is offered to prove its contents, its original must be presented. This is the evidence rule.
a. Prima facie
b. Primary
c. Secondary
d. Tertiary
300. The following are considered alternative circumstances EXCEPT:
a. Degree of intoxication
b. Habitual education
c. Degree of Instruction
d. Relationship
301. Atty. Dean a notary public lawyer issued a copy of a deed of sale purporting that Nadine sold her car
to Mirriam where in fact no transaction ever existed?
a. Estafa
b. Forgery
c. Falsification
d. Untruthful statements
302. A Check that is payable to Alden was unlawfully took by James Read and in the possession of that
check, wrote the name of Alden and endorsed it by signing Alden's name and thereafter James Read was
able to encash it. What crime was committed by James Read?
a. Theft
b. Forgery
c. Falsification
d. Violation of Bouncing Check law
303. Jhun boy married Alzate in the Philippines. Later Jhun boy went to Japan and married Hitomi Alzate
learned the philandering of Jhun boy and she filed case against Jhun Boy. What crime was committed by
Jhun boy?
a. Bigamy
b. Adultery
c. Concubinage
d. Premature marriage

304. Is the crime of theft susceptible of commission in the frustrated stage?
a. Yes
b. No
c. Maybe
d. It depends
305. In violations of Rep. Act 9165 could mitigating
and aggravating circumstances be appreciated? a.

Yes
b. No
c. Maybe
d. It depends
306. What crime is committed by say more than five unarmed persons who gather together in a meeting or
the purpose of committing Robbery?
a. No crime
b. Attempted Robbery
c. Illegal assemblies
d. Illegal associations
307. Suppose that the crime is committed by Eight persons about half of them being armed, and their
purpose in their meeting was to commit the crime of robbery?
a. No crime
b. Attempted Robbery
c.
Illegal assemblies
d. Illegal associations
308. Is there an attempted direct bribery?
a. Yes
b. No
c. Maybe
d. It depends
309. Is there an attempted indirect bribery?
a. Yes
b. No
c. Maybe
d. It depends
310. With respect to our Moro brothers, Muslim are allowed to have four wives, if the Muslim kills his first
wife he is liable for?
a. Parricide
b. Homicide
c. Murder
d. Matricide
311. The penalty of reclusion temporal prescribes in:
a. 20 years
b. 15 years
c. 10 years
d. 5 years
312. One who acts by virtue of an circumstance commits a crime but does not incur any
criminal liability because of the complete absence of the condition which make the act voluntary.
a. Aggravating
b. Alternative
c. Justifying
d. Exempting
313. Are those acts and omissions committed not
only by means of deceit but also by means of fault and are punishable by law.
a. Justifying circumstances
b. Exempting circumstances
c. Felonies
d. Criminal liability
314. Ryan forcibly entered Alyssa's house one night. Alyssa was awakened and Ryan immediately left the
place. Ryan's crime is?
a. Attempted robbery
b. Frustrated robbery
c. Robbery with trespass to dwelling
d. Trespass to dwelling
315. It is the rule followed by the Philippines whenever a crime is committed inside a Philippine ship or
airship while in a foreign territory.
a. French Rule
b. Spanish Rule

c. English Rule
d. General Rule
316. It is a characteristic of criminal laws that requires that they be applied to all persons who live or
sojourn in the Philippine territory.
a. Generality
b. Territoriality
c. Territorially d.
Generally
317. Under this theory, man is considered as an essentially moral creature with an absolute freewill to
choose between good and evil, therefore, he should be judged or held accountable for his wrongful acts for
as his will is unimpaired.
a. Justice or Classical theory
b. Positivist or Realistic theory
c. Territoriality
d.
Generality
318. . If Mens rea is guilty mind Actus reus is
a. Innocent act
b. Innocent mind
c. Guilty act
d. Criminal mind
319. Dreaming while sleeping; in a state of somnambulism or sleep walking high fever due to malignant
malarias and epilepsy are circumstances analogous to insanity or imbecility falling under
a. justifying circumstance
b. exempting circumstance
c. alternative circumstance
d. Aggravating circumstance
320. Michelle was a kleptomaniac she was prosecuted for the theft of jewels committed in a jewelry store
while she was attacked by her said sickness is she criminally liable?
a. No, being a kleptomaniac is analogous to insanity or imbecility since at the time of stealing there is
complete deprivation of reason of freedom of the will at the time of its commission of the crime.
b. No, because she knows what is right and what is wrong and that she even knows that steal is wrong
c. Yes because she knows what is right and what is wrong and that she even knows that steal is wrong
d. Yes, however it is a mitigating circumstance.
321. Under the Revised Penal Code, any person who shall interpret dreams, make forecasts or tell fortunes
for profit or take advantage of the credulity of the public in similar manner may be held liable for:
a. Fortune-telling
b. Other deceits
c. estafa
d. malicious mischief
322. A person who has killed the paramour of his wife after he caught them immediately after having sexual
intercourse is penalized by:
a. Civil interdiction
b. Prison correctional
c. Arresto mayor
d. Destierro
323. What do you call the quantum of evidence which a reasonable mind might accept as sufficient to
justify a conclusion?
a. Substantial
b. Proper
c. Appropriate
d. Adequate
324. A case shall not be provisionally dismissed except with the express consent of the accused and with
the offended party.
a. conformity of
b. authority of
c. knowledge of
d. notice to
325. Which of the following is an exempting circumstance? When the crime is committed by a person
a. who had no intention to commit so grave a wrong as that committee
b. who acts under the compulsion of an irresistible force
c. who acted with abuse of confidence or obvious ungratefulness
d. in contempt of public authorities

326. When offered evidence is not objected, such failure to object amounts to.
a. A waiver
b. A denial
c. An admission
d. A deferment
327. Possession of stolen property is evidence of fencing.

a.
Prima facie
b. Direct
c. Indirect
d. Conclusive
328. The disposition of the court regarding the culpability of the accused in the case including the penalty to
be imposed is known as:
a. Termination
b. Order
c. Judgment
d. Motion
329. The motion for leave of court to file demurrer to evidence shall be filed within period of 5 days after
the prosecution rests its case. TEAM
a. a non-extendible
b. the extra
c. the required
d. an extendible
330. Person who, subsequent to the commission of a crime and without taking part in it concealed the
instruments thereof is called".
a. Accomplices
b. Accessories
c. Malefactors
d. Fences
331. Delivered in open court wherein the witness states that he does not know whether a fact did or did not
occur.
a. Positive evidence
b. Negative evidence
c. Real evidence
d. Object evidence
332. In what instance can alibi acquire commensurate strength in evidential value?
a. When it changes the burden of proof
b. When evidence for the prosecution is strong
c. Where no positive and proper identification has been satisfactorily made
d. When questions on whether or not accuse committed the offense is clear
333. In order for a defense of alibi to prosper the following must be established.
I. The presence of the accused in another place at the time of the commission of the offense
II. The physical impossibility for the accused to be at the scene of the crime at the time of its commission
III. The presence of the victim in another place at the time of the commission of the offense
IV. The physical impossibility for the victim to be at the scene of the crime at the time of its commission
a. I and II
b. II and III
c. III and IV
d. I and IV
334. Text messages have been classified as ephemeral electronic communication.
a. They are admissible in evidence by testimony of a person who was a party to the text message or has
personal knowledge thereof
b. Presented or displayed to the court and shall be identified, explained or authenticated by the person
who made the recording or by some other person competent to testify on its accuracy.
c. Not admissible because they are unsigned
d. All of the above
Situation:
Cardo was shot with 45 pistol after 2 hours. He was visited by Allana at the hospital where he was
immediately brought before treatment of the gunshot wound. Cardo told Allana that it was Don Emilgio who
shot him. For with, Allana who is a law graduate took the initiative of taking down in long hand the statement
of Cardo who narrated the events surrounding ad the categorically stated that it was Don Emilgio who shot
him. Five days after Cardo died as the consequence of the gunshot

wound. An information for murder was filed against Don Emilgio.
335. During the trial, the statement of Cardo was marked as exhibit "*" and was presented and
identified by Allana. The defense object the admission of exhibit "X" and on the ground that they are hearsay.
Is the objection of defense tenable?
a. Yes, it is Hearsay considering that the statement made by Cardo was not made while a startling
occurrence LS taking place or immediately prior to or subsequent to such startling occurrence.
b. No, it is an exception to the Hearsay rule being part of Res Gestae considering that it was made while
a startling occurrence is taking place or immediately prior to or subsequent to such startling occurrence.
c. Yes, it is Hearsay considering that the statement made by Cardo was jut down by Allana.
d. No, it is an Exception to Hearsay Rule as the defense immediately objected the offer of evidence.
336. Suppose that the Prosecution contended that the evidence admitted is an exception to the hearsay
rule? What Exception/s to the hearsay rule would you suggest to the Prosecutor Mr. Criminologist?
a. As a Criminologist I would suggest it as a part of Res Gestae.
b. As a Criminologist I would suggest it as Dying Declaration.
c. As a Criminologist I would suggest that the defense was right on its objection that it was
Hearsay.
d. As a Criminologist I would invoke my right to remain silent.
337. May the statement be admitted as part of Res Gestae?
a. Yes, the statement was made immediately after being shot.
b. No, the statement was not made immediately after the fact that it was made after 2 hours.
c. Yes, it was made by Cardo while a startling occurrence is taking place.
d. No, the statement is NOT a part of Res Gestae as the admission was made in the hospital.
338. May the statement be considered as a Dying Declaration, considering that Cardo Died after five days?
a. Yes, Cardo the declarant was conscious of an impending death while narrating the circumstances.
b. No, Cardo's statement is a part of Res Gestae and not dying declaration.
c. Yes, as Cardo died after five days and to be considered a statement as Dying Declaration the declarant
must die.
d. No the statement was not made while the declarant was conscious of an impending death
339. States that when the testimony is presented to establish not the truth but only the tenor of the
statement or the fact that the statement was made, it is not hearsay and hence admissible. Under this rule,
only the fact that such statements were made is relevant and admissible, but the truth or even the falsity
thereof is not material.
a. Doctrine of Completeness
b. Doctrine of stale demands
c. Doctrine of Processual Presumption
d. Doctrine of independently relevant statement
Situation:
During a street brawl at the Kalye Serye, Ace was stabbed on the abdomen and instinctively shouted for help.
Camille who was nearby, heard the shout
and immediately ran towards and hug Ace. Upon inquiry by Camille, Ace stated that it was Diane who
stabbed him.
340. Could the testimony Camille be admitted as part of Res Gestae?
a. Yes, if it is not admitted as Dying declaration as the statement was made without such consciousness
it could be admissible as part of Res Gestae.
b. Yes since the statement was made immediately after a startling event, the stabbing.
c. Yes, the testimony could be admitted as part of res gestae and or dying declaration.
d. All of the above
341. Could the testimony of Camille be admitted as Dying Declaration?
a. Yes, if it is not admitted as part of Res gestae since the statement was made immediately after a
startling event, the stabbing.
b. Yes, as the statement was made with such consciousness of an impending death.
c. Yes, the testimony could be admitted as part of res gestae and or dying declaration.
d. All of the above

342. The declaration made under the consciousness of an impending death, May be received in any case
wherein his death is the subject of inquiry as evidence of the cause and surrounding circumstances of such
death.
a. Anta Mortem Statement

b. Statement in Articulo Mortis
c. Declaration in Extremis
d. All of the above
343. . It refers to the distance and the facility of access between the situs criminis (Site of the crime) and
the place where he says he was when the crime was committed.
a. Legal Impossibility
b. Impossible Crime
c. Physical Impossibility
d. Alibi
344. What are the requisites in order that an admission made by co-conspirator be admissible?
a. The declaration or act be made or done during the existence of the conspiracy.
b. The declaration or act must relate to the conspiracy.
c. The conspiracy must be shown by evidence other than the declaration or act.
d. All of the above
345. In Demurrer to evidence, the court may dismiss the action base on?
a. Inadmissibility of evidence presented. b. There were an admissions made by the parties.

c. There was a conspiracy and the person was discharge as a state witness.
d. Insufficiency of evidence.
346. At arraignment, Cardo pleads not guilty to a Robbery charge. At the pretrial, he changes his mind and
agrees to a plea bargaining, with the conformity of the prosecution and offended party, which downgrade the
offense to theft. The court should therefore
a. Allow the withdrawal of the earlier plea and arraign Cardo for theft and render judgment
b. Do not allow the withdrawal of the earlier plea and arraign Cardo for theft and render judgment
c. Render judgement based on the change of plea

d. Require prosecution to amend information 347.
The following statements are false, EXCEPT a. The accused may enter his plea by counsel b. The
accused must personally enter his plea c. The accused may excuse/waive arraignment
d. The accused may be arraigned in a court other than where the case is assigned
348. Under our existing criminal procedure, what automatically enter a plea of not guilty if the accused
refuse to plea?
a. prosecutor
b. Court
c. guardian
d. defense lawyer
349. In the preceding question, the on its own initiative or automatic plea made is called as?
a. Motu proprio
b. trial on merit
c. Non bis in idem
d. De officio
350. The number of days the accused has to prepare for trial after a plea of not guilty is entered.
a. At 1east 30 days
b. At least 15 days
c. At least 20 days
d. At least 60 days
351. . In the preceding question, after the plea of guilty was made the trial shall Commence
a. Within 30 days from receipt of the pre-trial order.
b. Within 45 days from receipt of the pre-trial order.
c. Within 20 days from receipt of the pre-trial order.
d. Within 15 days from receipt of the pre-trial order.
352. If the accused refuses to plea the accusation during arraignment, what will be the automatic plea to be
entered?
a. Denial
b. Waiver
c. Not guilty

d. Guilty
353. The accused pleaded guilty when arraigned. However, since the charge is a capital offense the court
directed the prosecution to present its star witness. In the middle of the testimony of the eyewitness, the
accused changed his mind and requested the trial court to allow him to change his plea of 'guilty' to 'not
guilty'. Is it legal?
a. No
b. Yes
c.
possible
d. it depends
354. In the preceding question the accused may change only due to what?
a. Mistake of fact
b. Palpable mistake
c. Misapprehension of facts
d.
Ignorance
355. What is this stage of the proceedings in court wherein the decision of the court in a case is being ‘read’
in open court of a court personnel?
a. Promulgation
b. Imposition
c. Arraignment
d. Determination
356. On arraignment, the accused must be arraigned before
a. the prosecutor who conducted preliminary investigation
b. the RTC
c. the court where the complaint or information was filed or assigned for trial
d. the Supreme Court

357. The sureties may arrest the accused for the purpose off him.
a. Arresting
b. Investigating
c. Surrendering
d. Castigating
358. The following are crimes classified as physical injuries EXCEPT:

a. Abortion
b. Mutilation
c. Serious physical injuries
d. Maltreatment
359. What do you call the written record of the court proceedings made by the official stenographer?
a. Record
b. Transcript
c. Entry
d. Blotter
360. Which of the following is not an element of other forms of trespass?
a. The closed premises is inhabited
b. There us manifest prohibition against entering such closed premises
c. offender has not secured the permission of the owner

d. Offender shall enter the closed premises of another.
361. What law punishes graft and corrupt practices in the Philippines?
a. R.A 3019
b. R.A 9130
c. R.A 9136
d. R.A 9163
362. If the victim is a child and the offender is an adult, the aggravating circumstance is
a. superior strength
b. treachery
c. employing means to weaken the defense
d. evident premeditation
363. It is required that the criminal intent be evidenced by notorious acts evincing the
determination to commit the same. It must be evident and not merely suspected or merely thought of or
contemplated mentally, without externalized acts. It is necessary to establish that the accused meditated on
his intention between the time it was conceived and the time the crime as actually perpetrated. From among
the following aggravating circumstances, what is being described?
a. Employing means to weaken the defense

b. Evident premeditation
c. Treachery
d. Superior strength
364. Killing of a child is Murder qualified by treachery, even if the manner of attack was not shown. This
statement is –
a. Correct
b. Incorrect c.
Partially correct
d. Partially incorrect
365. Pedro and Juan agreed and decided to commit Robbery in the house of Maria. On the following day,
Pedro and Juan told Pepe about the plan and asked Pepe to drive them to the house of Maria. Pepe drove
Pedro and Juan to the house of Maria where Pedro and Juan committed Robbery. Is Pepe liable? If so, what
is his liability?
a. Yes, as a principal
b. No, there is no liability at all
c. Yes, as an accomplice
d. Yes, as an accessory
366. On June 24, 2006, President Gloria M. Arroyo signed, An Act Prohibiting the Imposition of Death
Penalty in the Philippines.
a. Republic Act 9344
b. Republic Act 9346
c. Republic Act 9165
d. Republic Act 9272

367. When fire is used with the intent to kill a particular person who may be in a house and that objective is
attained by burning the house, the crime is
a. Murder only
b. Arson with Homicide
c. Arson only
d. Homicide with Arson
368. Kupal is a Japanese citizen who had resided in Pangasinan for 30 years. When Japan declared war
against the Philippines. Kupal and his numerous Japanese friends attacked a military detachment manned by
Filipino soldiers. What crime did Kupal commit?
a. Rebellion
b. Treason
c. Espionage
d. Levying war
369. Benigno is a sugarcane planter in Hacienda Ymana. He nurtured a grudge and ill feeling against Don
Geraldo, the owner of the hacienda because he
had not been giving his workers their due share and benefits. Benigno attacked Don Geraldo with fist blows
and kick blows. What crime did Benigno commit?
a. Direct Assault
b. Homicide
c. Attempted Homicide
d. Physical Injuries
370. A' was charged with homicide and after 10 years of litigation, he was convicted and sentenced to
suffer 18 years of imprisonment and a civil damage of P100,000.00. While on Appeal, he died of tuberculosis.
His death ended the imprisonment penalty. How about the civil liability?
a. The obligation continues unless waived

b. Still with obligation
c. It depends on the outcome of the appeal
d. No more obligation
371. An accused was convicted and was sentenced to suffer 6 months to 4 years imprisonment.
Unconvinced of the decision, he appealed but at the same time applied for probation. Will the application for
probation prosper?
a. Yes
b. It depends
c. no
d. possible
372. It is the process of reducing if not eliminate the existence of a cause from initially occurring, thus,
lessen the police work as suppressing the spread of criminality.
a. Crime Prevention
b. Crime control
c. Criminal apprehension
d. law enforcement
373. Directly under the supervision of the Department of Justice, its most important function in the Criminal
Justice System is to maintain and recognize the rule of law through the speedy delivery

of services particularly in the prosecution and investigation of all crimes.
a. National Prosecution Service

b. PNP
c. Ombudsman
d. Solicitor General
374. How does the Jail Bureau contribute to public safety?
a.
By
fostering economic development through jail income-generating projects
b. By providing for incarceration and retribution of inmates
c. By safekeeping and developing inmates into law-abiding citizens
d. By advocating safety measures to enhance public safety awareness
375. Positions in the jail service have the following characteristics, except one:
a. Entrance based on merit and fitness
b. Placement based on meritorious external intervention
c. Opportunity for advancement to higher career positions
d. Security of tenure
376. In evaluating personnel performances, there are several factors that serve as bases for rating. Which
of the following critical factors deals with the personnel ability to integrate concern for people at
work, clients, and supervisor-subordinate relationship?
a. Courtesy
b. Human relations
c. Leadership
d. Stress tolerance
377. The initial step in a criminal prosecution whereby the defendant is brought before the court to hear the
charge and to enter a plea is called
a. Pleadings
b. Plea Bargaining
c. Arraignment
d. Preliminary Investigation
378. If the accused dies before arraignment, what will happen to the criminal action?
a. Terminated
b. Dismissed
c. Dissolved
d. Absolved
379. How should the plea to a complaint or information be made by the accused?
a. Personally, in open court and of record
b. By the approval of the court and upon written request by the accused
c. Through counsel in open court and on record
d. Personally by written motion
380. An accused may move for the suspension of his arraignment if
a. a motion for reconsideration is pending before the investigating prosecutor
b. accused is bonded and his bondsman failed to notify him of his scheduled arraignment
c. a prejudicial question exists
d. there is no available public attorney
381. Pre-trail conference in criminal cases is mandatory. One of the matters that should be taken during the
said proceeding is stipulation and admission of facts. The purpose of entering into a stipulation or admission
of facts is to what?
a. Ensure justice and fair play
b. making sure of facts

c. expedite trial
d. corroborate either side party
382. What is the stage of the proceedings in court where the plea bargaining, stipulation of facts, markings
of exhibits, etc are considered or discussed?
a. Pre-trial conference
b. Trial
c. Arraignment
d. Preliminary conference
383. . Stage in the commission of a felony when all the elements necessary for its accomplishment and
execution are present.
a. Attempted

b. Frustrated
c. Consummated
d. Enumerated
384. Generally, plea bargaining is made during what stage of the criminal proceeding
a. Pre-trial
b. Trial-proper
c. Arraignment d.
Promulgation
385. It is the examination before a competent court or tribunal, according to the laws of the land, of the
facts in issue for the purpose of determining such issue.
a. Pre- Trial
b. Arraignment
c. New Trial
d.
Trial
386. In this jurisdiction, when two or more accused are jointly charged with any offense, they shall be tried
jointly. Separate trial is
a. Within sound discretion of the court.
b. A constitutional requirement.
c. Statutory requirement.
d. Mandatory.
387. The status of an essential witness whenever his whereabouts are unknown or his whereabouts cannot
be determined by due diligence
a. Unavailable
b. Absent
c. Hostile
d. Adverse
388. After the prosecution has rested its case, the accused file a motion to dismiss, with or without leave of
court; this rule is known as
a. Bill of particulars
b. Demurrer to evidence
c. Summary proceeding
d. Motion to quash
389. Requisite before recall of a witness.

a. Leading Question
b. Misleading Question
c. Impeachment
d. Leave of Court
390. A solemn and formal declaration or assertion that the witness will tell the truth is called:
a. Statement
b. Promise
c. Affirmation
d. Declaration
391. When in court, everyone including the police officers are under obligation to show respect and dignity
to the court by always addressing the presiding judge as what?
a. Your Honor
b. Justice
c. Your majesty
d. Sir
392. Generally, what is the nature or category of police officers on rendering court duties?
a. Prosecution witness
b. Judicial allies
c. Defense witness
d. Agents of justice
393. When offered evidence is not objected to, such failure to object amounts to
a. A waiver
b. A denial
c. An admission
d. A deferment
394. It is the order which is issued by the court between the commencement and the end of a suit or action
and which decides some point of matter, but which, however is not the final decision of the matter in issue.
a. Court order
b. Supreme court ruling
c. Interlocutory order
d. Provisionary order

395. During the pendency of his criminal case, Peter died due to heart attack. His untimely death resulted in
a. Termination of the proceedings

b. Postponement of the case
c. Suspension of the case
d. Dismissal of the case for lack of respondent
396. Which of the following pleadings are not
allowed by the accused to file after promulgation but before final judgement?
a. Motion for new trial
b. Demurrer to evidence
d. Motion to dismiss
397. May a document be offered and admitted in evidence both as documentary evidence and object
evidence?
a. Yes, a document may be offered for both as documentary and object evidence under the principle of
multiple admissibility.
b. Yes, a document may be object evidence if offered to prove its existence, condition of for any purpose
other than its contents.
c. Yes, an object may be considered documentary evidence if it the same is offered to prove its contents.
d. All of the above
398. The additional allegation of conspiracy is what kind of amendment?
a. Substantial
b. Formal
c. General
d. All of the above
399. For which offenses is the time of the commission of the offense essential?
a. Infanticide
b. Abortion
c. Violation of Sabbath day
d. All of the above
400. . Requisites for a valid exercises of criminal jurisdiction are the following:
a. Jurisdiction over the person, the territory and the subject matter
b. Jurisdiction over the person and the subject matter only
c. Jurisdiction over the person and territory
d. All of the above
401. An employee of the penal establishment who does not have the custody of the prisoner is liable for:
a. Delivering prisoner form jail
b. Infidelity in the custody of prisoner
c. Conniving with or consenting to evasion
d. Evasion thru negligence
402. If the detention prisoner knows of the plot to remove him from jail and cooperates therein by
escaping, he himself becomes liable for:
a. Infidelity in the custody of prisoner

c. Delivering prisoner from jail
d. No crime
403. Manny killed his wife under exceptional circumstances and was sentenced by the RTC of Quezon City
to suffer the penalty of destierro during which he was not to enter the city. While serving sentence, Manny
went to Quezon City to visit his mother. Later, he was arrested in Baguio City. Did Manny commit a crime?
A. Yes, parricide under exceptional circumstance
B. Yes, evasion of service of sentence C. Yes, indirect contempt

D. No crime
404. Where should Manny be prosecuted?
a. Quezon City
b. Baguio City
c. Quezon City or Baguio City
d. Any city in the Philippines
405. In quasi-recidivism, the second crime must be:
a. Offense
b. Felony

c. Offense or felony
d. Infraction
406. This crime is committed if the solemnity of the oath is violated.
a. Forgery
b. Falsification
c. Perjury
d. False testimony
407. Only private individuals may commit usurpation of authority or official functions.
a. Yes
b. No
c. True
d. False
408. Does the term prostitution apply to a man?
a. Yes
b. No
c. It depends
d. False
409. Persons below 18 years of age shall be exempt from prosecution for the crime of prostitution under
Art. 2, RPC, such prosecution being inconsistent with the:
a. UNCLOS
b. UNCRC
c.
UNICEF
d. UN
410. The United Nations Convention on the Rights of the Child was adopted in the year:
a. 1989
b. 1990
c. 1991
d. 1992
411. This is a global framework for children’s rights that has been signed by how many countries?
a. 196
b. 197
c. 198
d. 199
412. Which of the following is a crime of malfeasance?
a. Indirect Bribery
b. Malicious delay in the administration of justice c.
Dereliction od duty in the prosecution of offenses
d. Rendering judgment through negligence
413. Which among the following is a source of an unjust judgment?
a. Error
b. Ill-will or revenge
c. Bribery
d. All of the above

414. Which of the following may commit an unjust judgment?
a. RTC Judges
b. CA Justices
c. MeTC Judges
d. Both a and c only
415. The crime involved in qualified bribery is a:
a. Capital offense
b. Heinous crime
c. Both a and B
d. Those with a penalty of Reclusion perpetua
416. In abuses against chastity, a public officer solicits or makes any indecent or immoral advances to a
woman who is a relative of the person under the custody and charge of the offender except:
a. Wife
b. Sister
c. Sister-in-law
d. Mother
417. In parricide, the relationship except the spouse must be in the:
a. Direct line
b. Collateral line
c. Zigzag line
d. Curve Line

418. Elias killed Susana. He was charged with parricide. During the trial, no marriage contract was
presented. Is the non-presentation of the marriage contract fatal to the prosecution of the accused for
parricide?
a. Yes
b. No
c. True
d. It depends
419. If a person killed another who is under 12 years of age not knowing that the latter was his son is guilty
of?
a. Murder
b. Homicide
c. Parricide
d. Infanticide
420. If a person wanted to kill another but by mistake killed his own father is liable for?
a. Murder
b. Homicide
c. Parricide
d. No crime
421. What is the proper penalty to be imposed?
a. Penalty for the actual crime committed b.
Penalty for the intended crime
c. Penalty for the lesser offense in its
maximum period
d. Penalty for the actual crime committed in its maximum period
422. Suppose Kokey killed his brother who is 3 days old, what crime is committed?
a. Parricide
b. Murder
c. Homicide
d. Infanticide
423. Suppose a husband, who wanted to kill his sick wife, hired a killer. The hired killer shot the wife. What
crime is committed by the husband?
a. Murder
b. Homicide
c. Parricide
d. No Crime
424. What is the liability of the husband?
a. Principal by direct participation
b. Principal by Inducement
c. Principal by Indispensable Cooperation
d. Accomplice
425. What is the crime committed by the hired killer?
a. Murder
b. Homicide
c. Parricide
d. No Crime
426. What is the liability of the hired killer?
a. Principal by direct participation b.
Principal by Inducement
c. Principal by Indispensable Cooperation
d. Accomplice
427. In this crime, the basis is the age of the child victim.
a. Parricide
b. murder
c. Homicide
d. Infanticide
428. The accused was shocked to discover his wife and their driver sleeping in the master’s bedroom.
Outraged, the accused got his gun and killed both. Can the accused claim that he killed the 2 under
exceptional circumstances?
a. Yes
b. No
c. It depends
d. Maybe
429. Death under exceptional circumstance is not applicable when the daughter is:
a. Married
b. Under 18 years of age
c. Still under parental authority

d. Single
430. When a third person is injured in the course of the firing at the paramour, what crime, if any, is
committed?
a. Serious physical injuries through simple imprudence or negligence
b. Serious physical injuries under exceptional circumstance
c. Frustrated murder d.
Frustrated homicide
431. Number of circumstance/s necessary to qualify homicide to murder:
a. 1
b. 2
c. 3
d. 4
432. A killed by B by stabbing B in the heart which resulted to B’s death. The witness is the wife of the
victim, who said that a day prior to the killing, A threatened B. What crime is committed?
a. Murder
b. Homicide
c. Parricide
d. No crime
433. If A would shoot B at one of his feet, at a distance of one meter, there is no intent to kill. If B is hit,
the crime is:
a. Physical Injuries
b. Discharge of firearms
d. Attempted Murder
434. Suppose B was not hit, the crime is:
a. Physical Injuries
b. Discharge of firearms
d. Attempted Murder
435. X, a pharmacist, compounded and prepared the medicine on prescription by a doctor. X erroneously
used a highly poisonous substance. When taken by the patient, the latter nearly died. What crime, if any, is
committed?
a. Frustrated homicide through reckless imprudence
b. Homicide through reckless imprudence
c. Physical injuries through reckless imprudence
d. Any of the above depending on the circumstance
436. Use of unlicensed firearms in committing murder or homicide is:
a. Qualifies the killing to murder
b. Separate crime
c. An aggravating circumstance
d. Any of the above
437. Corpus delicti in crimes against persons may be proven by:
a. Credible testimony of a sole witness b. Physical evidence

c. Physical body of the deceased
d. The ashes of a burned building
438. It is the practice of painlessly putting to death a person suffering from some incurable disease.
a. Giving assistance to suicide
b. Euthanasia
c. Murder
d. Disturbance of a public order

439. If the gun was not pointed at the offended party when it was fired but was initially aimed by the
accused at or against the victim. In this case, this is:
a. Alarms and Scandal
b. Discharge of Firearm
c. Attempted homicide
d. No crime
440. Discharge towards the house of the victim is:
a. Alarms and scandal
b. Discharge of Firearm
c. Attempted homicide
d. No crime
441. In discharge of firearm, there is a complex crime if:

a. The injuries sustained by the offended party is serious
b. The injuries sustained by the offended party is less serious
c. The injuries sustained by the offended party is slight
d. Both a and b
442. Killing of a child less than 3 days old by a legitimate grandparent is:
a.
Murder
b. Parricide
c. Infanticide
d. Homicide
443. In relation to the preceding question, what is the proper penalty?
a. penalty for infanticide
b. penalty for murder
c. penalty for parricide
d. penalty for homicide
444. Killing of a child less than 72 hours by a neighbor is:
a. Murder
b. Parricide
c. Infanticide
d. Homicide
445. In relation to the preceding question, what is the proper penalty?
a. penalty for infanticide
b. penalty for murder

c. penalty for parricide
d. penalty for homicide
446. When infanticide is committed?
a. If the child is born dead
b. If the child is already dead
c. If the child is born alive, it could not sustain an independent life when it was killed

447. Suppose the child less than 3 days old is abandoned without any intent to kill and death results, what
crime is committed?
a. Infanticide
b. Abandoning a minor
c. parricide
d. murder
448. Abortion is a crime against the:
a. woman
b. fetus
c. woman and fetus
d. family
449. Suppose the mother as a consequence of abortion suffers death, what crime is committed?
a. murder
b. homicide
c. murder with abortion
d. murder and abortion
450. Suppose the mother as a consequence of abortion suffers physical injuries, what crime is committed?
a. physical injuries
b. abortion
c. physical injuries with abortion
d. physical injuries and abortion
451. If despite the employment of sufficient and adequate means to effect abortion, the fetus that is
expelled from the maternal womb is viable but unable to sustain life outside the maternal womb, what crime
is committed?
a. Frustrated abortion
b. Consummated abortion
c. infanticide
d. murder
452. This means the law applies equally to all in society, whether they be in the government or the masses.
a. equality
b. rule of law
c. Unalienable Rights
d. Social Compact
453. This means that the rights cannot be taken away, they are born within each person and can never be
taken away by the government.
a. equality
b. rule of law
c. Unalienable Rights
d. Social Compact
454. The UN Secretariat is composed of a Secretary General and his/her staff as the Organization may
require. The Secretary-General is appointed by the
upon the recommendation of the Security Council.
A. Chief Executive
B. Director General
C. General Assembly
D. Chief Administrative Officer
455. Sovereignty is derived from the Latin word
through the French souveraineté the term means supreme power.
A. superingo
B. Surplus
C. Superanus
D. Soberanus
456. This includes the right not to be denied social
security coverage arbitrarily or unreasonably, and the right to equal enjoyment of adequate protection
in the event of unemployment, sickness, old age or other lack of livelihood in circumstances beyond ones
control
A. The right to social security and social
B. Protection of and assistance to the family
C. The right to an adequate standard of living D. The right to health

457. It is the loss or forfeiture of the right of the state to prosecute a crime because of the lapse of time.
a. Prescription of penalty
b. Prescription of Crime
c. Conditional pardon
d. Good conduct allowance

458. These are crimes which are consummated in one single act.
a. Material crimes
b. Formal crimes
c. Index crimes
d. non-index crimes
459. It is a portion of the execution of a crime, starting from the point where the offender begins to the
point where he has still control over his acts.
a. Objective phase
b. Subjective phase
c. Negative phase
d. Positive phase
460. A person who acts by virtue of a circumstances is deemed not to have transgressed the law, and is
free from both criminal and civil liability except in par.4 art 11 (state of necessity).
a. Justifying
b. Exempting
c. Aggravating
d. Alternative
461. Under the law existing at the time of its
commission and at the time of the application to be admitted to bail may be punished by death, although a
lower penalty than death may be imposed after conviction.
a. complex crime
b. civil interdiction
c. capital offense
d. continuous offense
462. A Mother who intentionally kills his Infant

son who is only less than three days old is liable for?
a. Infanticide
b. Murder
c. Parricide
d. Homicide
463. Who among the following convicts are not entitled to the benefits of the indeterminate sentence law?
a. Those who are recidivists.

b. Those whose maximum term of imprisonment exceeds one (1) year.
c. Those convicted of inciting to sedition. d.
Those convicted of misprision of treason.
464. What crime is committed by a person who kills his legitimate brother on the occasion of a public
calamity?
a. Parricide
b. Homicide
c.
Murder
d. Death caused in a tumultuous affray
465. What is the crime committed by any person who, without reasonable ground, arrest or detains another
for the purpose of delivering him to the proper authorities?
a. Unlawful arrest
b. Illegal detention
c.
Arbitrary detention
d. Grave coercion
466. What is the proper charge against a person who, without taking arms or being in open hostility against
the Government, shall incite others to deprive Congress of its legislative powers, by means of speeches or
writings?
a. Inciting to sedition
b. Inciting to rebellion or insurrection
c. Crimes against legislative bodies

d. All of the above
467. The rules of criminal procedure shall be liberally construed in favor of the accused and strictly against
the?
a. Offended party
b. Accused
c. complainant
d. State
468. Jurisdiction is determined by the law at
a. The time of the commission of the offense
b. At the time when the action was filed
c. The time of arraignment
d. All of the above

469. Arraignment in absentia is not allowed because
a. It is a must that the accused is present so that will informed of the nature and cause of the accusation
against him.
b. He must personally enter his plea
c. He must personally enter his information
d. All of the above
470. What is the remedy of the accused if the court denies his motion to quash?
a. He should plead and proceed to trial

b. He should appeal
c. He should plead
d. All of the above
471. How is amendment executed after plea and during trial?
a. With leave of the court
b. With approval of judge
c. With noticed of all concerned
d. Without prior notice
472. What will happen to the criminal liability of the accused if he died after arraignment o suspended trial?
a. Suspended
b. Extinguished
c. Dismissed
d. Terminated
473. What crime is committed if a mother killed her child less than three years old?
a. Murder
b. Homicide
c. Parricide
d. Infanticide
474. A grandson who kills his illegitimate grandfather is guilty of:

a. Homicide
b. Parricide
c. Murder
d. Euthanasia

475. . A child is less than 3 days old was killed by his own father because the father is afraid that his real
wife would discover that it was a product of his philandering. What crime was committed?
a. Infanticide
b. Parricide
c. Homicide
d. Murder
effect. Before its effectivity, it is not punishable.
476. A legitimate grandmother killing her granddaughter who is three (3) days old is guilty of:
a. Infanticide
b. Murder
c. Parricide
d. Homicide
477. Aldrin drew a promissory note and asked his terminally-ill and dying business partner Mark to sign it.
The promissory note bound by Mark to pay Aldrin 100, 000 pesos on or before July 30, 2017. Mark died and
Aldrin collected 100, 000 pesos. What crime/s did Aldrin committed?
a. Estafa
b. Falsification of Public Document
c. Falsification of Private Document
d. Estafa thru falsification of private document
478. One of the characteristics of criminal law is prospective which simply means no retroactive
Does the argument accept an exception?
a. Yes
b. It depends
c. no
d. possible
479. What is the rule on double jeopardy, It means that when a person is regularly charged with a crime
and the case is terminated either by acquittal or conviction or in any other manner without the consent of the
accused, the latter
a. Cannot be charged with the same offense or identical offense
b. Can still be charged with the same offense proven but not charged during the trial
c. Cannot be charged with the same offense proven but not charged during the trial
d. All of the above
480. As a rule there is no double jeopardy if the dismissal of the case was with the express consent of the
accused except
a. When there is insufficiency of evidence to support the charge against him and when there 18 delay in
violation of the accuser's right to speedy trial
b. Due to insufficiency of the information
c. Due to lack of information
d. All of the above
4481. Pre-trial shall be mandatory in all criminal cases cognizable by the
I. Sandiganbayan
II. MTC, MTCC and MCTC and RTC
III. Court of Appeal
a. I only
b. II only
c. I and II
d. I, II, III
482. That the agreement on the plea of the accused should be a lesser offense is limited only to the
a. Offense necessarily included in the offense
charged
b. Even to an offense not included or necessarily included in the offense charged
c. The case will be dismissed
d. All of the above
483. When bail shall be automatically cancelled

a. Upon acquittal of the accused and dismissal of the case
b. Upon execution of the judge of conviction
c. Upon death of the accused
d. All of the above
484. As a general rule, every person criminally liable is also
a. civilly liable
b. Administratively liable
c. Criminally liable
d. All of the above

485. If there are facts and issues to be clarified from a party or witness the investigating officer may set a
hearing and shall be held from submission of the counter-affidavits and other documents or from the
expiration of the period for their submission. It shall be terminated .
a. within ten (10) days, within five (5) days
b. within five (5) days, within ten (10) days c.
After ten (10) days, after five (5) days d. after
five (5) days, After ten (10) days
486. When there is an implied repealing of criminal law, what happens to the pending criminal action?
a. It will become pending

b. It will not be dismissed
c. It will be dismissed
d. The crime will be obliterated
487. Which of the following distinguishes a motion to quash from a demurrer to evidence?
a. A motion to quash a complaint or information is filed before the prosecution rests its case
b. A motion to quash may be filed with or without leave of court, at the discretion of the accused
c. When a motion to quash is granted, a dismissal of the case wil1 not necessarily follow.
d. The grounds for a motion to quash are also grounds for a demurrer to evidence
488. At what time the accused may move to squash the complaint or information?
a. At any time before entering a plea
b. 10 days before the date of trial
c. 15 days immediately after plea bargaining d. 10 days upon receipt of information by the court
489. What kind of motion may be availed of any time before arraignment?
a. Motion to dismiss
b. Motion to review
d. Motion to quash
490. After the prosecution rested its case, the accused filed a demurrer to evidence. Would double jeopardy
be a valid defense if he charged again with the same offense against?
a. Yes, because the dismissal is tantamount to acquittal.
b. Yes, the case was not terminated on its own merits.
c. No, because the dismissal is with his consent or upon his own motion.
d. No, the case was not terminated on its merits hence double jeopardy is not a valid defense.
491. A Pending criminal case was dismissed
provisionally, it shall be deemed to be permanently dismissed if not revived after 2 years with respect to
offenses punishable by imprisonment of
a. of more than 6 years
b. Of more than 1 year
c. Not exceeding 2 years or a fine not exceeding P1,000
d. Of more than 6 years or a fine in excess of P1,000
492. It is committed by a person who performs an act which would be an offense against person or
property, were it not for the inherent impossibility of its accomplishment or On account of the employment of
inadequate or ineffectual means.
a. complex crime
b. impossible crime
c. Prescription of crime
d. Criminal Liability
493. This Aggravating circumstances is present when person commits any of the crimes against person,
employing such means method of form in the execution thereof which tend directly and specially to insure its
execution without risk to himself arising from the defense which the offended party might make
a. treason
b. Alevosia
c. Superior Strength
d. Passion or Obfuscation
494. The kind of circumstances that must be specifically alleged or stated in the complaint or information,
otherwise the court will not consider in imposing the proper penalty even if proven during the trial
a. Mitigating/extenuating
b. Qualifying/aggravating
c. Alternative

d. Exempting/exonerate
495. This refers to the maltreatment of children, whether habitual or not:
a. exploitation
b. abuse
c. prostitution
d. trafficking
496. Pertains to a monetary quantifiable award for any economically assessable damage, whether pecuniary
or
non-pecuniary, as appropriate and proportional to the gravity of the violation and the circumstances of each
case, such as lost opportunities, loss of earnings, and moral damage
A. Restorative Justice B.Restitution

C. Compensation
D. Rehabilitation
498. . It refers to the legal process of resolving dispute or deciding a case. This includes the development of
capacities to determine the most adequate type of redress or compensation.
A. Adjudication
B. Legal Aid and Counsel
C. Enforcement
D. Civil Society and Parliamentary Oversight.
499. Duterte fired his gun but the bullet two Persons what crime he commit?
497. A person who is present at the scene of a. Complex crime a violent crime and who is injured as a direct
result of witnessing that crime
A. Primary Victim
B. Secondary Victim
C. Tertiary Victim
D. Related Victim
b. Special complex crime
c. Compound crime
d. All of the above
500. The information against an accused is amended by adding additional allegation of habitual delinquency
and recidivism. This is
a. Formal amendment
amendment d. General amendment
b. Substantial amendment c. Substantive

Batch 8

Uploaded by

Copyright:

Available Formats

Batch 8

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Batch 8

Uploaded by

Copyright:

Available Formats

BATCH 8

BOARD EXAM TRIAL ON CRIMINAL LAW AND JURISPRUDENCE

5. When the Revised Rules on Evidence was adopted?

8. Evidence is used to arrive at a legal conclusion.

10. It is the duty of the affirmative to prove that which it alleges.

15. It is the totality of evidence presented for consideration

16. The following are the sources of criminal law EXCEPT

18. What is the nature of Court Martials of Military?

30. The following are victimless crimes:

31. Jurisdiction over the subject matter is determined by the

41. The bouncing check law is covered by the rules on:

47. May the warrant of arrest be executed by a Barangay Tanod?

53. What is that fact by which the factum probandum establishes?

60. The following are crimes against public order EXCEPT:

61. In the crime of adultery, the offender is the married what?

75. . The following are considered alternative circumstances EXCEPT:

77. Minority is considered either as circumstance.

80. The following are aggravating circumstances EXCEPT:

83. Rainyl disposed the cellphone of Jillian. Rainyl is liable for

85. Which of the following is not crime against persons?

110. May a "fake" document be considered as original" or "authentic"?

112. Which of the following is an underlying purpose of Best evidence rule.

114. Parole evidence rule applies to

118. Leading questions are allowed in except

119. The order of examination of individual witness

121. One is not purpose of cross examination

131. The party is deemed to have rested its case

a. Criminal liability is partially extinguished

Amici Review Center Page 16

as the weakest defense in a criminal case.

c. For failure of the accused to post bail

Amici Review Center Page 17

known as and is a matter of right and not merely a privilege.

unaware that the same was contrary to his aforesaid interest.

Amici Review Center Page 18

crime was committed by James if any?

Amici Review Center Page 19

Amici Review Center Page 20

Ransack Oscar's house

c. Upon motion and public hearing

Amici Review Center Page 21

199. A parents killed his son less than 3 days old.

204. It is the formal reading of the charges against

b. probable cause d. suspicion

Amici Review Center Page 22

220. . Is an inquiry or proceeding to determine whether there is sufficient ground to engender a

Amici Review Center Page 23

229. One that can be amended by ordinary legislation.

232. The complainant and any witnesses must be

A. Art. III, Section 1

meaningless and unworthy of mention in a permanent charter of priceless human liberties.

A. Proof beyond reasonable doubt

236. Right to speedy, impartial, and public trial

Amici Review Center Page 24

237. Right to compulsory processes

A. If trial is unreasonably delayed, accused is entitled to dismissal, equivalent to acquittal.

241. a remedy available to any person

or omission of a public official or employee, or of a private individual or entity engaged in gathering,

244. What is the matter being determined in Preliminary Investigation?