CRIMINAL LAW JURISPRUDENCE

EVIDENCE AND PROCEDURE

RATIONALIZATION
• 1. There will be a complex crime arises when there is a
combination of
• a. none of the foregoing
• b. less grave and a light felony
• c. grave and less grave felony
• d. light with another light felony
• 2. How would you consider Spontaneous desistance in
the attempted stage of the felony?
• a. a justifying circumstance
• b. a mitigating circumstance
• c. an exempting circumstance
• d. an aggravating circumstance
• 3. While cruising the waters between Batangas and
Mindoro, some crew members of To Go, with intent to
gain, with evidence and intimidation against the
passengers seized the personal belongings and cargoes of
the latten. What crime/s were committed by the vessel’s
crews?
• a. mutiny in the high seas
• b. robbery in band
• c. piracy under the Revised Penal Code
• d. piracy in Philippines waters under PD 532
• 4. Apollo, a nine-year old boy, shot the maid after the
latter transferred the channel of the TV that he was
viewing; Apollo can avail of what circumstances in law?
• a. aggravating
• b. mitigating
• c. exempting
• d. justifying
• 5. The following are the requisite of impossible crime
except
• a. Act would have been an offense against persons or
property.
• b. None of the choices
• c. Accomplishment is inherently impossible; or
inadequate or ineffectual means are employed.
• d. Act is not an actual violation of another provision of
the Code or of special law
• 6. All of the statement below are the elements of
unlawful aggression except
• a. None of the foregoing
• b. There must be actual physical assault or aggression or
an immediate and imminent threat, which must be
offensive and positively strong.
• c. The defense must have been made during the
existence of aggression, otherwise, it is no longer
justifying.
• d. While generally an agreement to fight does not
constitute unlawful aggression, violation of the terms of
the agreement to fight is considered an exception.
• 7. The authority of the court to take cognizance of the
case in the first instance.
• a. Appellate Jurisdiction
• b. General Jurisdiction
• c. Original Jurisdiction
• d. Exclusive Jurisdiction
• 8. The law hears before it condemns, proceeds upon
inquiry and render judgment after a fair trial.
• a. ex post facto law
• b. equal protection of the law
• c. rule of law
• d. due process of law
• 9. Under the exempting circumstances, what is the latin
term of MY ACT IS NOT A CRIMINAL UNLESS MY MIND IS
A CRIMINAL
• a. ACTUS ME INVITO FACTUS NON-EST MEUS ACTUS
• b. ACTUS NON FASIT REUM NESI MEN SET REA
• c. ACTUS IN UNO ACTUS IN OMNIBUS
• d. ACTUS IN CACTUS ME INVETUS
• 10. All of the statement below is under the exempting
circumstances except
• I. Accident without fault or intention of causing it
• II. Irresistible Force
• III. Uncontrollable Fear
• IV. Obedience to a Superior Order
• V. State of Necessity (Avoidance of Greater Evil or Injury
• VI.Illness of the Offender
• a. IV,V,VI
• b. I,V,II
• c. V only
• d. V,II only
• 11. Craft and fraud were the grounds or elements of
aggravating circumstances, what is the latin term of craft?
• a. Astucia
• b. Crufacia
• c. Fraude
• d. Cruiasia
• 12. The following are the Requisites for words of
command to be considered inducement, but determine
below is not included
• a. Commander has the intention of procuring the
commission of the crime
• b. Commander has ascendancy or influence
• c. Words used be so direct, so efficacious, so powerful
• d. Command be uttered after the commission of the
crime
• 13. This is a criminal law system which gives
importance to punishment rather than the person of the
wrong doer follows the
• a. positivist school of thought
• b. neo-classical school of thought
• c. classical school of thought
• d. Pre classical school of thought
• 14. AMANDA VIOLI, an unmarried woman gave birth to
a healthy child. Immediately after birth, she buried the
child near her house. The death was discovered and
autopsy revealed that the child died of asphyxia. What
was the crime VIOLI?
• a. infanticide
• b. murder
• c. parricide
• d. abortion
• 15. A pedestrian broke the glass of a display
compartment of Robinson Mall located along the
sidewalk. The pedestrian with intent to gain, inserted his
arm through the broken portion of the glass and took
away the watch displayed thereat. What was the
pedestrian guilty of?
• a. Malicious mischief
• b. robbery with force upon things
• c. highway robbery
• d. theft
• 16. A pharmacist, knowing of the criminal intent of
Mando gave the latter a drug that sedated a woman to
sleep who was subsequently raped by Mando. What was
the participation of the pharmacist in the rape case?
• a. principal by indispensable cooperation
• b. principal by direct participation
• c. principal by inducement
• d. accomplice
• 17. When penal law is made to retroact because it is
favorable to the offender who is not a habitual
delinquent, such an instance constitutes an exception to
the rule of
• a. irretrospectivity
• b. generality
• c. restrospectivity
• d. retroactivity
• 18. APOLLI and MANDY are sisters. Both are college
students in the Criminology Review Program CBRC at
Main Branch Manila. They both live with their parents.
APOLLI has a cute shih tzu dog; one day while APOLLI was
away on a date, MANDI took the dog without the consent
of APOLLI and sold it to her classmate. What crime did
MANDI commit?
• A. Robbery
• B. Qualified theft
• C. Estafa
• D. Theft
• 19. In relation to the abovementioned question is
MANDY criminally liable?
• a. Yes, because she committed theft
• b. Yes, because she sold the dog without the permission
of her sister
• c. No, because she is exempted under Art. 332 of the
Revised Penal Code
• d. No. Although a crime was committed, she is exempted
under Art. 332 of the Revised Penal Code
• 20. Crimes committed within the territorial water of
another country can either be triable in that country or
on the country where the vessel is registered. What rule
provides that a crime committed or board vessel shall be
NOT tried in the court of the country having territorial
jurisdiction, unless their commission affects the peace
and security of the territory or the safety of the state is
endangered
• A. French rule
• B. American Rule
• C. Spanish Rule
• D. English Rule
• Situation: CASIMERO entered the house of DONAIRE.

• 21. From the foregoing situation, suppose that

CASIMERO is a police Office. Above the door of DOINAIRE
house indicated a sign age "No Entry. Never mind the
dogs but beware of the owner" CASIMERO still entered
the house. Is CASIMERO criminally liable?
• a. He is criminally liable of trespassing.
• b. He is criminally liable for trespassing to dwelling
• c. He is criminally liable for encroachment of the dwelling
• d. He is criminally liable for violation of domicile
• 22. Based on the abovementioned situation, supposed
that CASIMERO is a police officer. He is in pursuit of the
suspect who entered the house of DONAIRE. CASIMERO
entered the house of DONAIRE without the consent the
latter. Is CASIMERO criminally liable?
• a. He is criminally liable for encroachment of the dwelling
as his entry is unwanted.
• b. He is not criminally liable as he is in the performance of
his duty in hot pursuit.
• c. He is criminally liable for violation of domicile as his
entry is without consent.
• d. He is criminally liable for trespass to dwelling as his entry
is without consent
• 23. Based on the abovementioned situation, suppose
that CASIMERO is a private individual. He entered the
house of DONAIRE without the consent of the latter. Is
CASIMERO criminally liable?
• a. He is criminally liable for violation of domicile
• b. He is criminally liable for encroachment of the
dwelling.
• c. He is criminally liable for trespassing
• d. He is criminally liable for trespass to dwelling
• 24. Based on the abovementioned situation, suppose
that CASIMERO is a police officer. He entered the house
of DONAIRE through a wide-open door. The latter saw
CASIMERO entered but he did not give his consent
DONAIRE was so busy watching "of Pacquaio fight ". Is
CASIMERO criminally liable?
• a. He is not yet criminally liable for any crime
• b. He is criminally liable for trespass to dwelling
• c. He is criminally liable for encroachment of the
dwelling
• d. He is criminally liable for violation of domicile
• 25. Based on the abovementioned situation, suppose that
CASIMERO is a police office. DONAIRE is aware that CASIMERO
entered his house. DONAIRE merely ignored CASIMERO’s entry.
CASIMERO then started to search for papers and effects without
the consent of DONAIRE. Is CASIMERO criminally liable?
• a. He is criminally liable for trespass to dwelling because his
entry without consent
• b. He is criminally liable for enforcement of the dwelling
because he entered the house of another
• c. He is criminally liable for violation of domicile because he
searched without the consent of DONAIRE
• d. He is criminally liable for violation of domicile because his
entry is with consent
• 26. Determine below is the consideration that Evidence
become admissible?
• a. Relevant to the issue
• b. Competent
• c. Not excluded by law
• d. All of the above
• 27. That kind of evidence that addressed to the sense
of the court.
• a. Object evidence
• b. Documentary evidence
• c. Testimonial Evidence
• d. Demonstrative evidence
• 28. Based on the abovementioned situation supposed
that the evidence is a piece of paper and the purpose of
introduction is to prove its existence, condition and to
determine the age of the paper is considered what kind
of evidence?
• a. Object evidence
• b. Documentary evidence
• c. Testimonial Evidence
• d. Demonstrative evidence
• 29. It is a sworn written statement charging a person
with an offense, subscribed by the offended party, any
peace officer, or other public officer charged with the
enforcement of the law violated.
• a. Complaint
• b. Information
• c. Warrant of arrest
• d. Search warrant
• 30. All criminal actions commenced by a complaint or
information shall be prosecuted under the direction and
control of the
• a. Chief of Police
• b. Law Enforcement
• c. Prosecutor
• d. Judge
• 31. HIPON lived in Manila and CHIN lived in Quezon
City. When the two met in front of SM City Manila the
latter stabbed the former. Where should be the criminal
action shall be instituted?
• a. Court of Manila
• b. Court of Quezon City
• c. Either in Manila or Quezon City
• d. No criminal action should be filed because there is no
mortal wound inflicted
• 32. Based on the abovementioned situation, Supposed
that the two is riding on a train traveling from LAS PINAS
to ESPANYA, CHIN stabbed HIPON while the train is in
Malabon City Station, Where should be the criminal
action shall be instituted?
• a. Court where the train arrived
• b. Court where the train depart
• c. Court where the train passed during its trip
• d. Regional trial court
• 33. Based on the abovementioned
• 33. Based on the abovementioned situation. Supposed
that HIPON and CHIN is on board of a vessel and in the
course of their voyage the former killed the latter. When
should be the criminal action shall be instituted?
• a. Court of the first port of entry
• b. Municipality or territory where vessel passed
• c. Either A or B
• d. Regional trail court
• 34. Supposed the crime committed is outside the
Philippines but punishable by Art. 2 of the RPC. Where
should be the criminal action shall be instituted?
• a. Court where the train arrived
• b. Court where the train depart
• c. Court where the train passed during its trip
• d. The court where the criminal action is first filed
• 35. The Revised Penal Code serves as the primary
source of criminal laws in the Philippines. It took effect
on?
• a. January 1, 1923
• b. December 8, 1930
• c. January 1, 1932
• d. January 1, 1933
• 36. What legal maxims support the above scenario?
• a. Pro reo
• b. Actus non facit reum Nisi mens sit rea
• c. Nullum crimen nulla poena sine lege
• d. Actus me invitus factus non est meus actus
• 37. The crime of concubinage is committed by a man
who is ______
• a. Married keep a woman as a mistress in some other
place as his wife
• b. Married and has sexual intercourse with a woman who
is not his wife
• c. Married and had sexual intercourse with a woman
privately at least once in some motel
• d. Unmarried and has sexual intercourse with a woman
who is married
• 38. A law enforcement officer's discharge of firearm
may result in following various crime, except:
• a. Illegal possession of firearm
• b. Alarms and scandal
• c. Illegal discharge of firearm
• d. Physical injuries
• 39. The testimony of a single witness
• a. Is always credible
• b. May be credible even of not corroborated
• c. Will never be credible
• d. Can be credible only if corroborated
• 40. If it was proven during the hearing of the case that
the evidence seized is base on a search warrant that is
illegal, the things seized shall be treated as
• a. Destructible
• b. Inadmissible
• c. Admissible
• d. Disposable
• 41. Homicide the killing of any person which does not
constitute parricide, murder or infanticide and is not
• a. Justified
• b. Suicide
• c. Intentional
• d. Accident
• 42. All of the following statement totally extinguished
criminal liability, except?
• a. By the death of convict, by service of sentence
• b. By absolute pardon, by amnesty, by marriage of the
offended party
• c. By prescription of crime, by prescription of penalty
• d. None of the above
• 43. Prescription of crime is the forfeiture or the loss of
the right of the state to prosecute the offender after the
lapse of a certain time. Libel shall be prescribed after?
• a. 10 years
• b. 5 years
• c. 1 year
• d. 6 months
• 44. Prescription of penalty is the loss or forfeiture of
the right of the Government to execute the final
sentence after the lapse of a certain time. Crime
punishable by death and reclusion perpetua shall be
prescribed in?
• a. 20 years
• b. 15 years
• c. 10 years
• d. 5 years
• 45. It shall include not only those caused the injured
party, but also those suffered by his family or by third
person?
• a. Reparation
• b. Restitution
• c. Indemnification
• d. All of these
• 46. Committed by every person owing allegiance to the
government of the Philippines and not being a foreigner,
and having knowledge of any conspiracy against it,
conceals or does not disclose and make known the same,
to the governor or fiscal of the province where he
resides.
• A. Treason
• B. Misprision of treason
• C. Conspiracy to commit treason
• D. Proposal to commit treason
• 47. YAYA DUB , a housemaid, broke into a pawnshop
with intent on stealing items of jewelry in it. She found,
however, that the jewelry were in a locked chest. Unable
to open it, she took the chest out of the shop. What
crime did she commit?
• a. Theft
• b. Robbery
• c. Qualified theft
• d. Trespass to dwelling
• 48. The presence of a mitigating circumstance in a
crime?
• a. Increases the penalty to its maximum period
• b. Changes the gravity of the offense
• c. Automatically qualifies the penalty
• d. Affects the imposable penalty, depending on other
modifying circumstances
• 49. LEBRON and CURRY asked DURRANT to give them a
sketch of the location of HARDEN’s house since they wanted
to kill him. DURRANT agreed and drew them the sketch.
LEBRON and CURRY drove to the place and killed HARDEN .
What crime did DURRANT commit?
• a. Accomplice to murder, since his cooperation was minimal
• b. Accessory to murder, since his map facilitated the escape
of the two
• c. None, since he took no step to take part in executing the
crime
• d. Principal to murder, since he acted in conspiracy with
LEBRON and CURRY
• 50. What is the lifetime of validity of a search warrant?
• a. 10 days after its issuance
• b. 10 days after application
• c. 10 days after its execution
• d. 10 days before and after its execution
• 51. The execution of warrant of arrest shall be made by
the arresting officer?
• a. Within 10 days from date of issue
• b. Within 10 days from receipt of the warrant
• c. Within 10 days from the lapse of the first 10 days
• d. After the lapse of 10 days from date of issue
• 52. The illegality of an arrest can be questioned by the
person arrested before the court -
• a. At any time after posting bail but before entering a
plea
• b. At any time during the proceedings
• c. At any time during the pre-trial conference
• d. At any time but before posting bail only
• 53. During arraignment, the accused may be allowed by
the trial court to plead guilty to a lesser offense which is
necessarily included in the offense charged with the prior
express consent of -
• a. The offended party
• b. The accused and his counsel
• c. The public prosecutor
• d. The public prosecutor and the offended party
• 54. What is the importance of classifying felonies based
on gravity of penalties?
• a. It ascertains whether the suspect is detainable or not
• b. It gives the period that he may be legally detainable
• c. It determines whether the case is for inquest or not
• d. All of these
• 55. ISKO stabbed RODRIGO several times. ISKO’s
defense is that he had no intention of killing his friend
and that he did not intend to commit so grave a wrong as
that committed. Is praeter intentionem properly invoked?
• a. Yes, because the offender claimed that he did not
intent to commit so grave a wrong.
• b. Yes, ISKO acted under irresistible force.
• c. No, because ISKO should be first examined if he is
drunk at the time of crime commission.
• d. No, because praeter intentionem is mitigating only if
there is a notable disparity between the means employed
and the resulting felony.
• 56. LACSON planned to kill SOTTO by mixing poison in his
food pack. Not knowing where he can get poison, he
approached another classmate BATO to whom he disclosed
his evil plan. Because he himself harbored resentment
towards SOTTO, BATO gave LACSON a poison, which he
placed on SOTTOS's food pack. However, SOTTO did not die
because, unknown to both BATO and LACSON, the poison
was actually powdered milk. What crime or crimes, if any,
did LACSON and BATO commit?
• A. Attempted murder
• B. Attempted homicide
• C. Impossible crime
• D. Giving injurious substance
• 57. The accused brought gasoline into a building, with
the intent to burn the building, but was apprehended by
the security guard, is there a crime committed?
• a. No crime
• b. Yes, attempted arson
• c. Yes, consummated arson
• d. Yes, frustrated arson
• 58. The re-examination by counsel by of his own
witness after examination by the adverse counsel is
known as___ and is a matter of right and not merely
privilege.
• a. Re-investigation
• b. Pre-trial
• c. Re-cross
• d. Re-direct examination
• 59. The general rule is that a party cannot impeach his
own witness expect:
• a. A witness who is ignorant
• b. The witness of hostile or unwilling
• c. The witness is an adverse
• d. B & C only
• 60. In the hierarchy of evidentiary values, which one
should be rated at the highest level?
• a. Clear and convincing evidence
• b. Proof beyond reasonable doubt
• c. Preponderance of evidence
• d. Substantial evidence
• 61. DUTERT was accused of having raped LENIE.
DUTERT offered to marry LENIE. The offer of DUTERT is
an offer of compromise and this is not allowed even in
rape cases, which are not considered private crimes.
Consequently, the offer of DUTERT is admissible as:
• a. Extra-judicial confession of guilt
• b. Express admission of guilty
• c. Implied admission of guilt
• d. None of the above
• 62. Give the order in the examination of an individual
witness:
• a. Direct exam; Re-cross exam; Re-direct exam; Cross
exam
• b. Direct exam; Cross exam; Re-direct exam; Re-Cross
exam
• c. Re-cross exam; Cross exam; Re-direct exam; Direct
exam
• d. Cross exam; Direct exam; Re-direct exam; Cross exam
• 63. Prescription of offense commence to run:
• a. Upon filing cases in court
• b. Upon escape of the accused
• c. Upon re-appearance of the accuse
• d. Upon discovery of the crime by the offended party or
peace officers or their agent
• 64. The following cases are covered by rules on
summary procedure EXCEPT:
• a. Where the penalty is six months imprisonment.
• b. Violation of traffic laws
• c. Violation of rental laws
• d. Where the penalty does not exceed six (6) months
imprisonment.
• 65. The following offenses cannot be prosecuted de
officio without a complaint first filed by the offended
party EXCEPT:
• a. Rape
• b. Abduction
• c. Seduction
• d. Adultery and concubinage
• 66. LENNIE was driving her car when he bumped RODS. RODS
died as a result. At the trial of the case the prosecutor was able
to prove that LENNIE had the “mens rea” when he bumped the
victim RODS. Hence the information for Reckless Imprudence
resulting in Homicide was dismissed and a new information for
murder was filed against LENNIE. What is meant by “mens rea”?
• A. It means that LENNIE had menstruation at the time of the
crime which might exempt her
• B. It means LENNIE is in full volition at the time of the
commission of the crime.
• C. Mens Rea means LENNIE is a men’s woman.
• D. Means Rea simply means “criminal intent” that is the act of
LENNIE was intentional and not accidental.
• 67. What is that cause which, in natural and continuous
sequence, unbroken by any efficient intervening cause,
produces the injury, and without which the result would
not have occurred.
• a. efficient intervening cause
• b. proximate cause
• c. indeterminate offense
• d. immediate cause
• 68. In the old days what was followed was the retreat to
the wall doctrine. NOW, it has given way to the stand
ground when in the right doctrine which means:
• a. where the accused/defender is where he has the right to
be, the law does not require him to retreat when his
assailant is advancing upon him with a deadly weapon.
• b. the accused/defender must as much as possible retreat
when his opponent is attacking him and fight only when
there is no other way of escaping such as when cornered
against the wall.
• c. the accused/defender must not fight in any event
• d. the accused/defender must stand and wait for the fatal
blow until he dies.
• 69. A felony is _______ when the offender performs all
the acts of execution which should produce the felony as
a consequence but which, nevertheless, do not produce
it by reason of causes independent of the will of the
perpetrator.
• a. consummated felony
• b. attempted felony
• c. frustrated felony
• d. infraction of law
• 70. It is a kind of felony that is committed by any
Filipino citizen or an alien residing in the Philippines who
levies war against the Philippines or adheres to her
enemies giving them aid or comfort in the Philippines or
elsewhere.
• a. Treason
• b. Flight to enemy country
• c. B. Rebellion
• d. Sedition
• 71. This felony is committed by any public officer or
employee, who without legal ground such as violent
insanity or the commission of a crime, shall detain
another.
• a. arbitrary detention
• b. illegal arrest
• c. kidnapping
• d. grave coercion
• 72. This felony is committed by a public officer or
employee who, not being authorized by judicial order,
shall enter the dwelling of another against the will of its
owner.
• a. trespass to dwelling
• b. abuse of authority
• c. violation of domicile
• d. police brutality
• 73. This crime is committed by rising publicly and taking
arms against the Government for the purpose of
removing from the allegiance to said government the
territory of the REPUBLIC OF THE PHILIPPINES or any part
thereof, or deprive the Chief executive or Congress any of
their powers or prerogatives.
• A. coup d’ etat
• B. murder
• C. sedition
• D. rebellion
• 74. PANELO, a police officer arrested ROQUE because the
latter’s face is very ugly, so ugly that not even ROQUES’s own
mother could stomach such an appearance. Among the
following which do you think is the best defense of ROQUE?
• a. PANELO himself is also ugly so PANELO had no right to
arrest ROQUE.
• b. PANELO had no warrant of arrest to arrest ROQUE ,
therefore the arrest was illegal
• c. PANELO has to tell the judge handling the case that
“beauty is a relative term and that beauty is in the eye of the
beholder.”
• d. ROQUE’s possession of ugly face is not punishable by law
and the rule is “nullum crimen nulla poena sine lege”
• 75. Evidence is admissible when it is relevant to the
issue and is not excluded by the law or the rules of court.
The underlined statement has reference to:
• a. corroborative evidence
• b. direct evidence
• c. cumulative evidence
• d. competency of evidence
• 76. Judicial notice may be either mandatory or
discretionary. Which of the following statements may the
court grant discretionary judicial notice?
• a. matters which are of public knowledge
• b. B. matters which are capable of unquestionable
demonstrations
• c. matters which are ought to be known to judges
because of their judicial functions.
• d. all of the above.
• 77. What felony is committed by any person who shall
knowingly and falsely represent himself to be an officer,
agent or representative of any department or agency of
the Philippine or any foreign government, or who under
pretense of official position shall perform any act
pertaining to any person in authority or public officer of
the Philippine or foreign government, or any agency
thereof, without being lawfully entitled to do so.
• A. estafa
• B. falsification
• C. usurpation of authority or official functions
• D. illegal use of uniform
• 78. _______ is the declaration of an accused
acknowledging his guilt of the offense charged, or of any
offense necessarily included therein.
• a. admission
• b. extrajudicial confession
• c. confession
• d. acknowledgement
• 79. Upon the termination of the direct examination, the
witness may be cross examined by the adverse party as
to any matter stated in the direct examination or
connected therewith to test his accuracy and
truthfulness.
• a. direct examination
• b. re direct examination
• c. cross examination
• d. none of the above
• 80. An extrajudicial confession made by the accused
shall not be sufficient ground for conviction unless it is
corroborated by evidence of:
• a. two witnesses
• b. prima facie evidence
• c. probable cause
• d. corpus delicti
• 81. During the arraignment of ANTONIO, the accused for the
offense of Homicide, the clerk of court had read the information
in a language known to ANTONIO. Upon being asked about his
official plea, ANTONIO merely vowed his head (or let us say,
makes a conditional plea) and said nothing. The judge this asked
ANTONIO regarding his official plea but ANTONIO merely kept
his silence (or say continues to make his conditional plea). What
will be the implication of ANTONIO’s silence (or conditional
plea)?
• A. the judge will order his imprisonment for contempt
• B. the judge will call upon a guard to force ANTONIO to make a
plea one way or the other
• C. the arraignment will have to be postponed
• D. a plea of not guilty shall be entered for ANTONIO
• 82. At the arraignment of ANTONIO, the private
offended party is also required by the court to attend
thereat. What is the reason for requiring the private
offended party to appear at the arraignment?
• a. for purpose of plea bargaining
• b. for purpose of determining civil liability of the accused
• c. for purpose of other matters requiring his presence
• d. all of the above
• 83. Let us assume that ANTONIO did not appear at his
scheduled arraignment despite being duly notified to do so.
Upon inquiry by the judge, his counsel or representative if
any, did not offer any justifiable explanation for ANTONIO’s
non appearance. What do you think will most likely
happen?
• a. the judge will issue a bench warrant upon motion of the
prosecution
• b. the judge will order the process server to re-notify the
accused to appear in the next schedule arraignment
• c. the judge will cry because the accused is absent
• d. the judge will fine the lawyer of ANTONIO for his failure
to produce his client
• Let us assume that in the above case, ANTONIO had
appeared at the arraignment and he wanted to admit the
commission of the crime only if the offense charged would
be lowered to homicide. If this is acceptable to the
prosecution, 1. how would you call this scheme and
2.whose consent is necessary so that it may be valid?
• A. case fixing it needs the consent of the judge
• B. crime modification and it needs the consent of the
offended party
• C. plea bargaining, it needs the consent of the offended
party and the prosecutor
• D. the scheme cannot be allowed because it involves trifling
with court processes.
• 85. If an accused is being charged in information under
a wrong name, he must:
• a. file a motion to quash for lack of jurisdiction
• b. jump bail
• c. berate the fiscal for the wrong insertion of name
• d. file a petition for summary judgment
• 86. The main difference between kidnapping and
forcible abduction is the presence or absence of:
• a. Taking of a person
• b. detention
• c. Lewd design
• d. None of these
• 87. Batas Pambansa bilang 22 (BP 22) is also known as:
• a. Bouncing checks law
• b. Anti-terrorism act
• c. Anti-voyeurism act
• d. None of these
• 88. It is one of the essential elements of libel:
• a. Damages
• b. Malice
• c. Deceit
• d. intent to gain
• 89. It is not an element of acts of lasciviousness:
• a. Sexual intercourse
• b. Intimidation
• c. Force
• d. None of these
• 90. Act No. 3815 is otherwise known as:
• a. The revised penal code
• b. The new arson law
• c. Criminal law
• d. None of these
• 91. person who shall do any of the following shall be
guilty of grave coercion:
• I. Prevent another from doing something not prohibited
by law;
• II. Compel him to do something against his will whether it
be right or wrong;
• III. Prevent another from doing something prohibited by
law.
• a. All statements are correct.
• b. Only I and II are correct.
• c. Only II and III are correct.
• d. Only III is correct.
• CASE ANALYSIS
• BATAUSA, VIOLA and VENTURA agreed to rob a certain house
owned by OLBIS . SOLOMON overheard them talking while
they were planning inside BATAUSA's house. SOLOMON
reported what he heard to their barangay captain. The
barangay captain arrested and detained them with the intent
of filing appropriate charges.
• 92. What crime was committed by BATAUSA, VIOLA and
VENTURA?
• a. none
• b. conspiracy to commit robbery
• c. frustrated robbery
• d. attempted robbery
• 93. Why?
• a. Mere conspiracy to commit a crime is not punishable
unless provided by law.
• b. There is strong evidence that M, D and L conspired to
BG com nit robbery.
• c. The crime is frustrated robbery because their acts of
execution were not completed when they were arrested
by the barangay captain.
• d. The crime is attempted robbery because mere
planning of the group constitutes overt act on their part.
• 94. Is that which in a case the resolution of which is a
logical antecedent of the issue involved therein, and the
cognizance of which pertains to another tribunal.
• a. Prejudicial question
• b. Inquest proceeding
• c. Preliminary investigation
• d. Custodial investigation
• 95. It is an informal or summary investigation
conducted by the public prosecutor in criminal cases
involving person arrested and detained without the
benefit of a warrant of arrest, for the purpose of
determining whether or not such person should remain
under custody and correspondingly be charged in court.
• a. Preliminary examination
• b. Custodial investigation
• c. Preliminary investigation
• d. Inquest proceeding
• 96. After the filling of the Complaint or Information in
court without a preliminary Investigation within how
many days within how many days an accused person
upon knowing the filing of said compliant may ask
preliminary Investigation?
• a. 5 days
• b. 15 days
• c. 10 days
• d. 30 days
• 97. When making an arrest the arresting officer ______
the warrant of arrest in his possession?
• a. Need not have
• b. Should always have
• c. May sometime have
• d. Need to have
• 98. It refers to the questioning initiated by the law
enforcement officer after a person has been taken into
custody.
• a. Custodial investigation
• b. Inquest
• c. Interview
• d. Interrogation
• 99. PAT. OLBIS, authorized by a warrant of arrest
forcibly enter a house of the suspect after he was refused
to enter. He successfully arrested the suspect. Is the act
of breaking into the dwelling made by PAT. OLBIS valid?
• a. No, it is an abused in the service of warrant
• b. No, because such act is violation of rights of the
suspect to be secure over his property.
• c. Yes, because such act is authorized by law.
• d. Yes, because even private individual making citizen
arrest can do so.
• 100. It is a kind of jurisdiction in court where the power
of the court to take judicial cognizance of a case
instituted for judicial action for the first time under
conditions provided by law.
• a. Appellate jurisdiction
• b. Original jurisdiction
• c. Concurrent jurisdiction
• d. Special jurisdiction
• PAT. Apollo Viola III, a newly graduate
police officer and was assigned and
downloaded in the Municipality of Daang
Luma, which is under the province of Bago,
while performing his duty as a patrol
officer, he arrested OLBIS, for the crime of
murder that was arrested through hot
pursuit operation
• 1. Base on the abovementioned scenario, after the arrest
what will be the next process?
• a. Filling of complaint to the office of the prosecutor
• b. Conduct of preliminary investigation
• c. Bring the arrested person to the lock-up jail
• d. All of the abovementioned choices
• 2. Is there’s a need to conduct PI, in relation to the crime
committed by OLBIS?
• a. Yes, because the crime committed is under the
jurisdiction MTC
• b. Yes, under the rules of criminal procedure rule in PI
• c. No, because the crime committed is in the jurisdiction
of the Municipality of Daang Luma
• d. No, because the crime is under the jurisdiction of
Provincial prosecutor
• 3. If you are in the place of PAT. Apollo Viola III where are
you going to file the case?
• a. Directly at the Munical trial court of Daang Luma for
the conduct of PI
• b. The case must be file at the office of the RTC in Daang
Luma Municipality
• c. PAT. Apollo Viola III, must file the case to the Provincial
prosecutor
• d. Any of the following statement
• 4. If incase that suspect will personally look and provide
his own council it refers to?
• a. Council de officio
• b. Council de parte
• c. Council de official
• d. Council de honor
• 5. Select among the following statement below on what
period should a police officer who has arrested a person
under a warrant of arrest turn over the arrested person
to the judicial authority?
• a. There is time limit specified in article 125
• b. Light offense – 5 days. Serious and less serious
offenses – 7 to 10 days.
• c. Immediately after the execution of warrant of arrest
• d. No time limit except that the return must be made
within a reasonable time. The period fixed by law under
Article 125 does not apply because the arrest was made
by virtue of a warrant of arrest
• 6. Determine below the exact number of days the
accused has to prepare for trial after a plea of not guilty
is entered.
• a. Within 30 days
• b. Within 45 days
• c. Within 15 days
• d. Within 10 days
• 7. What is that question which arises in a case, the
resolution at which is a logical antecedent of the issues
involved in said case and the cognizance of which pertain
to another tribunal?
• a. Leading question
• b. Justifiable question
• c. Prejudicial question
• d. Misleading question
• 8. The husband or the wife, during or after the marriage,
cannot be examined without the consent of the other as
to any communication received in confidence by one
from the other during the marriage. This statement is
covered under the so called?
• a. Paternity Rule
• b. Rule on Marriage
• c. Marital Privilege Rule
• d. Rule on Summary proceedings
• 9. When bail is a discretionary?
• a. Upon conviction by the Regional Trial Court of an offense
not punishable by death, reclusion perpetua, or life
imprisonment
• b. Before conviction by the Metropolitan Trial Court,
Municipal Trial Court, Municipal Trial Court in Cities, or
Municipal Circuit Trial Court
• c. After conviction by the Metropolitan Trial Court,
Municipal Trial Court, Municipal Trial Court in Cities, or
Municipal Circuit Trial Court
• d. Before conviction by the Regional Trial Court of an
offense not punishable by death, reclusion perpetua, or life
imprisonment
• 10. Which is a ground for new trial, trial de novo?
• a. Motion for new trial
• b. Motion for reconsideration
• c. Motion to dismiss on demurrer to evidence
• d. New and material evidence has been discovered
• 11. In making an Appeal to the Regional Trial Court, or
to the Court of Appeals in cases decided by the Regional
Trial Court in the exercise of its original jurisdiction, shall
be taken by filing a __________ with the court which
rendered the judgment or final order appealed from and
by serving a copy thereof upon the adverse party.
• A. Notice of appeal
• B. Petition for review
• C. Request for appeal
• D. Motion for review
• 12. The accused may, before arraignment, move for a
___________ to enable him properly to plead and to
prepare for trial. The motion shall specify the alleged
defects of the complaint or information and the details
desired.
• a. Bill of particulars
• b. Motion to dismiss
• c. Demurrer to evidence
• d. Motion to quash
• 13. Arraignment shall be held within _____-days from
the date the court acquires jurisdiction over the person
of the accused.
• a. 10 days
• b. 15 days
• c. 20 days
• d. 30 days
• 14. During the trial this questions suggest to the
witness the answers to which an examining party
requires:
• a. Leading
• b. Misleading
• c. Stupid
• d. Hearsay
• 15. What is the rule that states that no evidence shall
be admissible other than the original document?
• a. Parole Evidence Rule
• b. Documentary Evidence Rule
• c. Best Evidence Rule
• d. Rules on Original Document
• 16. Evidence, if it has such a relation to the fact in issue
is considered?
• a. Direct
• b. Presumptive
• c. Relevant
• d. Indirect
• 17. What do you call that evidence which standing
alone, unexplained or uncontradicted, is sufficient to
maintain the proposition affirmed?
• a. expert evidence
• b. prima facie evidence
• c. secondary evidence
• d. direct evidence
• 18. Any evidence having any value in reason as tending
to prove any matter provable in an action:
• a. object evidence
• b. relevant evidence
• c. testimonial evidence
• d. false evidence
• CASE ANALYSIS
• DIOKNO stabbed ROQUE a mentally deranged person,
when the latter’s back was turned against the former.
Despite of this ROQUE was positively sure that it was
DIOKNO who stabbed him because only DIOKNO had the
reason to do such a thing to him because of an old
grudge between them. Upon being brought to the
hospital and in critical condition in the intensive care
unit, PAT. DUQUE was able to interview ROQUE. ROQUE
disclosed to PAT. DUQUE that it was DIOKNO who
stabbed him. A few days thereafter ROQUE expired.
• 19. What would establish the identity of the accused,
or to put it in another way, what would you call the
statement of ROQUE?
• a. res gestae
• b. direct testimony
• c. dying declaration
• d. corroborative evidence
• 20. In the above case, assuming that ROQUE did not die
because of skillful medical intervention, but during the
precise time that he believed that death was impending,
he actually confided to PAT. DUQUE that it was DIOKNO
who stabbed him, what then would become of ROQUE’s
statement?
• A. it becomes a dying declaration
• B. it becomes parts of the res gestae
• C. it becomes a direct testimony against DIOKNO
• D. it becomes useless as evidence
• 21. In relation to the above case again, in reality the
statement of DIOKNO might not become admissible in
evidence either as a dying declaration or parts of the res
gestae because of the absence of this element:
• a. the death is imminent and the declarant is conscious
of that fact
• b. the preliminary facts which bring the declaration
within its scope be made to appear
• c. the declarations relate to the facts or circumstances
pertaining g to the fatal injury or death
• d. the declarant would have been competent to testify
had he survived.
• 22. Ms. LENNIE was kidnapped by four (4) sex crazed
men and was brought to a hotel and was forcibly raped
there repeatedly. Luckily Ms. LENNIE was able to slip
away from the gang and immediately run homeward
bound. Upon meeting her mother, Ms. LENNIE
immediately uttered to her mother, “Mommy I was
raped!”. How would you describe the statement made by
Ms. LENNIE?
• A. extrajudicial confession
• B. parts of the res gestae
• C. dying declaration
• D. parts of the rest
• 23. This statement discuss that when there is doubt
about the meaning or application or interpretation of a
penal law and the doubt admits of two interpretations,
one which is lenient to the offender and the other one is
favorable to him, then the interpretation which is
favorable to the accused should be applied.
• A. Amicus curiae
• B. Pro reo doctrine
• C. Equipoise Rule
• D. Res ipsa loquitor
• 24. Statement:1 English Rule- crime is punishable in the
Philippines, unless the crime merely affects things within
the vessel.
• Statement:2 French Rule - crime is not triable in the
courts of that country, unless their commission unless
their commission has effects on the safety of the coastal
state.
• a. Both is true
• b. Both is false
• c. Only the 1st statement is false
• d. Only the 2nd statement is false
• 25. What cycle in battered woman syndrome is
characterized by brutality, destructiveness and death?
• a. Tranquil loving phase
• b. Acute battering incident
• c. Tension building phase
• d. None of the above
• 26. All of the following are exempted from the
operation of our criminal laws EXCEPT:
• a. Consuls
• b. Ambassadors
• c. Sovereign Heads
• d. Charge’s D Affaires
• 27. The person with an advanced age but has a mental
capacity equivalent to that of a child between 2 to 7
years old, which makes him exempted from criminal
liability? (Note: Idiot = 2 years old)
• a. Moron
• b. Imbecile
• c. Borderline group
• d. Feeble mindedness
• 28. Those where the act of a person is technically a
crime, but because of public policy, there is no penalty
imposed.
• a. Absolutory cause
• b. Extenuating
• c. Justifying
• d. Exempting
• 29. It involves a determination to commit the crime
prior to the moment of its execution and also to carry out
the criminal intent which must be the result of
deliberate, calculated and reflective thoughts through a
period of time sufficient to dispassionately consider and
accept the consequences thereof, thus indicating greater
perversity.
• A. Ignominy
• B. Evident premeditation
• C. Passion or obfuscation
• D. Immediate vindication
• 30. Which of the following crimes over which the
Philippine laws have jurisdiction even if the same is
committed outside the Philippine territory?
• a. Espionage
• b. Piracy and Mutiny in the high seas
• c. misprision of treason
• d. all of the above
• 31. This takes place when the offender commences the
commission of a felony directly by overt acts, and does
not perform all the acts of execution which should
produce the felony by reason of some cause or accident
other than his own spontaneous desistance.
• A. consummated felony
• B. attempted felony
• C. frustrated felony
• D. none of the above
• 32. Whenever an officer has lawfully arrested a person
without a warrant, he must make sure that he delivers that
person arrested within certain prescribed periods to the proper
authorities, otherwise he might be held liable for delay in the
delivery of detained persons to proper judicial authorities.
Which of the following periods prescribed is NOT CORRECT:
• A. 12 hours for crimes or offenses punishable by light penalties
• B. B. 18 hours for crimes or offenses punishable by correctional
penalties
• C. 24 hours for crimes or offenses punishable by accessory
penalties
• D. 36 hours for crimes or offenses punishable by afflictive or
capital penalties
• 32. Whenever an officer has lawfully arrested a person
without a warrant, he must make sure that he delivers that
person arrested within certain prescribed periods to the proper
authorities, otherwise he might be held liable for delay in the
delivery of detained persons to proper judicial authorities.
Which of the following periods prescribed is NOT CORRECT:
• A. 12 hours for crimes or offenses punishable by light penalties
• B. B. 18 hours for crimes or offenses punishable by correctional
penalties
• C. 24 hours for crimes or offenses punishable by accessory
penalties
• D. 36 hours for crimes or offenses punishable by afflictive or
capital penalties
• 34. Among the three (3) ways of committing violation
of domicile which of 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
• 35. OLBIS and SHAIRA, a married couple, on a cruise
touring Phil. On a Philippine registered Super Ferry. While
the ship was in the territorial waters of Japan, OLBIS
killed SHAIRA. Can OLBIS be criminally charged in the
Philippines?
• a. Yes
• b. No
• c. It depends
• d. Maybe
• 36. TATUM took the wallet of MORRANT without
knowing that the wallet is empty. What is the criminal
liability of MORRANT?
• a. Impossible crime
• b. Theft
• c. Robbery
• d. None
• 37. This is a branch or division of law which defines
crime, treat of their nature and provide for their
punishment.
• a. Civil law
• b. Crime
• c. Criminal Law
• d. Police power
• 38. JENNY found a cellphone but did not return it to the
owner, and LAGNE sold the same, what is the criminal
liability of LAGNE, if any?
• a. Accessory
• b. Conspirator
• c. Accomplice
• d. Harborer
• 39. From the foregoing situation, suppose that LAGNE
disposed the cellphone burning it so that there will be no
evidence against JENNY anymore for the crime of theft,
what is the criminal liability of LAGNE, if any?
• a. Conspirator
• b. Accomplice
• c. Harborer
• d. Accessory
• 40. JENNY found a cellphone but did not return it to the
owner, and LAGNE sold the same, what is the criminal
liability of LAGNE, If any?
• a. Conspirator
• b. Accomplice
• c. Harborer
• d. Accessory
• 41. From the foregoing facts, suppose that JENNY stole
the cellphone and suppose LAGNE the auntie of JENNY.
LAGNE sold the cellphone to BATAUSI not knowing that
the cell phone is derived from the proceeds of the crime
of theft. Which of the following statement best describes
the criminal liability of BATAUSI, if any?
• a. BATAUSI is not liable as accessory
• b. BATAUSI is not liable as accomplice
• c. BATAUSI is liable for anti-fencing law
• d. None of the above
• 42. ARMAN a Muslim, with five wives who are living
with him, kills by means of poison his second wife
married by him is liable for what crime?
• a. Parricide
• b. Homicide
• c. Murder
• d. No criminal liability under sharia court
• 43. MANNY killed his grandfather DIGONG is liable for?
• a. Parricide
• b. Murder
• c. Homicide
• d. No criminal liability due to mental incapacity
• 44. The following are common instances of warrantless
arrest, EXCEPT
• a. Entrapment
• b. Buy bust operation
• c. Instigation
• d. Hot pursuit
• 45. LONZO inflicted serious injuries on ZION. Because of
delay in providing medical treatment to ZION, he died. Is
LONZO criminally liable for the death of ZION?
• a. Yes because the delay did not break the causal
connection between LONZO's felonious act and the
injuries sustained by ZION
• b. Yes because any intervening cause between the
infliction of injury and death his immaterial
• c. No because the infliction of injury was not the
immediate cause of the death
• d. No because the delay in the administration of the
medical treatment was an intervening cause
• 46. In the statement of Proposal to commit felony is
punishable only in cases in which the law specifically
provides a penalty therefore. Under which of the
following instances are proponents NOT liable?
• a. Proposal to commit coup d'etat
• b. Proposal to commit sedition
• c. Proposal to commit rebellion
• d. Proposal to commit treason
• 47. Which one of the following circumstances
constitutes parricide?
• a. Killing the illegitimate daughter of his legitimate son
• b. Killing his illegitimate grandson
• c. Killing his common-law wife
• d. Killing his illegitimate mother
• 48. ADRIAN pointed a gun to LIMPIN who is 3 months
pregnant. Because of intimidation, the latter suffered
abortion. What crime was committed?
• a. Intentional abortion
• b. Light threat
• c. Unintentional abortion
• d. None of the above
• 49. The Killing of a child less than 12 years old is a crime
of?
• a. Murder
• b. Parricide
• c. Homicide
• d. Infanticide
• 50. ALLAN killed RIZA. The latter is ALLAN’ illegitimate
daughter and RIZA’s age is merely less than 3 days old.
What is the crime committed by ALLAN?
• a. Murder
• b. Homicide
• c. Infanticide
• d. Murder
• 51. BOI and BAI are husband and wife. THIA is their only
daughter. THIA was raped by BOI while BAI was abroad.
THIA confided to BAI that she was raped by BOI. Can BAI
testify against her own husband for the rape of her
daughter?
• a. no, because of the disqualification by reason of
marriage
• b. no, because only THAI, the victim may testify against
BOI
• c. yes, because the disqualification by reason of marriage
does not apply in a criminal case for a crime committed by
one against the other or the latter’s descendants or
ascendants
• 52. JOSE is totally blind since birth. One night while
walking on his way home, he heard the following utterances,
“Pedro patay ka na hayop ka!” Then another one uttered
“Juan huwag, anung kasalanan ko sa iyo?” A few seconds
thereafter gunshots were heard and somebody died. Can
JOSE be presented as a witness?
• a. no because he is blind and he did not see who the killer
was
• b. no because he can never be considered as an eyewitness
• c. yes because of what he heard and he can perceive and
make this perception to others
• d. yes because aside from the fact that he is not disqualified
JOSE is also not a co-conspirator to the killing
• 53. Listed below are may be established by common
reputation EXCEPT:
• a. verbal acts
• b. facts of public or general interest
• c. marriage
• d. moral character
• 54. WALLY witnessed a crime yesterday. Because of the
trauma caused by the accidental witnessing of the crime, he
lost his sanity today. Is WALLY qualified to testify as a
witness tomorrow?
• a. yes because at the time of the witnessing of the crime he
was sane and his insanity thereafter is immaterial
• b. no because he became insane
• c. yes as long as he was sane at the time of the commission
of the crime and at the time of trial a medical doctor would
also testify that WALLY became insane because of what he
saw.
• d. yes provided that at the time that WALLY would testify,
he must have regained his normal sanity
• 55. Can a ten (10) year old boy be allowed to testify
regarding a rape case he had witness?
• a. no, because a ten-year-old boy does not know
everything about sex just yet
• b. b. no, because, his mother will not allow him to testify
because he’s to young
• c. yes, if he already has discernment
• d. yes, as long as he can perceive and can make known
his perception to others
• 56. JACKY and JAKOL are husband and wife. During their
marriage JAKOL confided to JACKY that he raped Lola JENNY a few
months back. A year later, JACKY and JAKOL’s marriage was
annulled. Assume that Lola JENNY files a case of rape against
JAKOL, may JACKY testify in court regarding the confession made
by JAKOL to her?
• A. no, because no one could stomach to rape an old, smelly, teeth
less and senile septuagenarian like Lola JENNY (It’s disgusting!!!)
• B. no, because it is obvious that JACKY is only jealous and insecure
to Lola JENNY’s charm, because as they say it in the vernacular,
Lola JENNY is “may asim pa.”
• C. yes, because the crime is not committed against her or her
ascendants or descendants
• D. yes, if JAKOL consents to the testimony of JACKY
• 57. MATTHEW, a catholic went to Padre SOLOMON and
confessed that he together with ADRIAN, APOLLO and ARMAN
were planning to stage a rebellion. The execution of the plan
was prevented by alert military intelligence. May the court
where the rebellion case is filed, compel Padre SOLOMON to
testify against MATTHEW by divulging the specifics of
MATTHEW confession?
• A. yes, otherwise Padre SOLOMON could be held liable for
rebellion also
• B. no, because as the case maybe.
• C. Yes, due to the reason that any person can be a witness as
long as he/she is qualified
• D. as a general rule no, because of the rule on priest/minister-
penitent privilege communication
• 58. RONDO was arrested by the police upon complaint of
the Kura Paroko for allegedly stealing ten pesetas. Upon
custodial investigation, RONDO waived his right to counsel
and voluntarily confessed his participation in the stealing of
the ten pesetas. What is the status of the confession?
• a. the confession is inadmissible because we all know that
Crispin is innocent of the crime
• b. the confession is admissible if the waiver to counsel was
put into writing
• c. the confession is inadmissible because it should be in
writing and made in the presence of counsel
• d. the confession in not admissible because it was not
notarized
• 59. The question in a trial of a case such as “Did you see
the accused shot the victim”? is not allowed under the
rules on evidence because it is a:
• a. incriminating question
• b. misleading question
• c. hearsay
• d. leading question
• 60. What crime is committed by a person who kills a
three-day old baby?
• a. Murder
• b. Infanticide
• c. Homicide
• d. Parricide
• 61. 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
• 62. What is the crime committed by any person who,
without reasonable ground, arrests 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
• 63. The guard was entrusted with the conveyance or
custody of a detention prisoner who escaped through his
negligence. What is the criminal liability of the escaping
prisoner?
• a. The escaping prisoner does not incur criminal liability.
• b. The escaping prisoner is liable for evasion through
negligence.
• c. The escaping prisoner is liable for conniving with or
consenting to, evasion.
• d. The escaping prisoner is liable for evasion of service of
sentence.
• 64. This is a cause which sets into motion other causes
and which, unbroken by any efficient supervening cause,
produces a felony without which such felony could not
have resulted. (He who is the cause of the cause is the
cause of the evil of the cause.)
• a. Proximate cause
• b. Intervening cause
• c. Primary cause
• d. Immediate cause
• 65. The portion of execution of the crime starting from
the point where the offender begins up to that point
where he still has control of his acts.
• a. Subjective phase
• b. Objective phase
• c. Overt act
• d. Internal act
• 66. These are circumstances which are grounds for
exemption from punishments because there is wanting in
the agent of the crime any of the conditions which make
the act voluntary or negligent.
• a. Exempting
• b. Justifying
• c. Alternative
• d. Mitigating
• 67. ____ are those where the act committed is a crime,
but for reasons of public policy no penalty is imposed.
• a. Absolutory causes
• b. Exempting
• c. Instigation
• d. Mistake of fact
• 68. That the offender intends the injury on one person
but the harm fell on another. There are three persons
present when the felony is committed: the offender, the
intended victim, and the actual victim.
• a. Mistake of fact
• b. Aberratio Ictus
• c. Error in personae
• d. PraeterIntentionem
• 69. LUFFY, with intent to kill, shot GOKKO with a gun,
slightly wounding GOKKO on the shoulder which wound
of GOKKO would heal even if not treated in the hospital.
The act of LUFFY constituted
• a. Attempted
• b. Frustrated
• c. Physical injuries
• d. Consummated
• 70. ERVING planned to kill LEBRON. Thereafter, ERVING
drank 5 bottles of beer. When already intoxicated,
ERVING looked for LEBRON and killed him. What
circumstance is present in this case?
• a. Alternative
• b. Justifying
• c. Exempting
• d. Mitigating
• 71. CARDO stole the carabao of JOAQUIN. ALYANA, wife
of CARDO and aware of what CARDO did, sold the said
carabao and gave the proceeds of the sale to CARDO.
What classification of offender is ALYANA?
• a. Principal
• b. Accomplice
• c. Accessory
• d. Qualified theft
• 72. LUPIN, with intent to commit robbery, entered a
compound with four houses, each house being owned by
different owners. Bert took valuable items he found
inside each house. The act of LUPIN constituted;
• a. Continuing crime
• b. Compound crime
• c. Complex crime
• d. Special Complex crime
• 73. Acts and omissions punishable by law (RPC) are
known as:
• a. Felonies
• b. Culpa
• c. Fault
• d. Crimes
• 74. There is _______ when the criminal act is
performed with deliberate intent.
• a. freedom of action
• b. Under ART 365 RPC
• c. fault
• d. dolo or deceit
• 75. Determine below is NOT a common requisite of
justifying circumstances of self defense, defense or
relatives and defense of strangers?
• a. unlawful aggression
• b. reasonable necessity of the means employed to
prevent or repel it;
• c. the person defending be not induced by renege,
hatred or other evil motive
• d. both a and b
• 76. VICO took the cell phone of ISKO without his
consent. RONALD, without participating in the
commission of the act but knowing that the phone was
stolen volunteered to sell the cell phone to PING for
P1000. Both VICO and RONALD shared 60/40 in the
proceeds of the sold stolen cell phone. What crime and
degree of participation was committed by VICO?
• a. principal in consummated robbery
• b. principal in consummated theft
• c. principal in frustrated theft
• d. principal in anti fencing.
• 77. What crime was committed by RONALD?
• a. accomplice in consummated theft
• b. principal in consummated theft
• c. accessory in consummated theft
• d. co conspirator in theft
• 78. Assume that PING knew or had reason to believe
that the cell phone was stolen and yet he still bought it,
did PING commit any crime?
• a. yes violation of anti-fencing law
• b. no criminal liability at all
• c. yes actually PING can be charged both as an accessory
in the crime of theft and violation of PD 1612 the Anti
fencing Law at the same time.
• d. Yes as accessory but he is exempted.
• 79. Application for search warrant is made by ?
• a. by motion and set the case for hearing
• b. by announcing it on television
• c. upon application with the proper court and heard ex
parte
• d. upon application with the fiscal and heard in chambers
• 80. So that a waiver of the rights of a person under
custodial investigation may be valid, which of the
following is a requirement?
• a. done voluntarily and intelligently
• b. the waiver must be in writing
• c. the waiver must be in writing and with his assistance
• d. all of the above
• 81.A demurrer to evidence may also be called:
• a. motion to dismiss
• b. motion to postpone
• c. motion to quash
• d. motion to request
• 82. What is the proper time in affecting or executing a
search warrant?
• a. it must be served in the day time as a general rule
• b. it may served at anytime of the day or night if thee
appears in the affidavit that the property is on the person
or in the place ordered to be searched on such time.
• c. it must be served during nighttime only
• d. both a and b
• 83. Which of the following CANNOT be seized?
• a. subject of the offense
• b. stolen or embezzled and other proceeds, or fruits of
the offense
• c. used or intended to be used as the means of
committing an offense
• d. any property that can be used as an evidence to
prosecute the offender.
• 84. When may the accused file a demurrer to evidence
and what is its sole ground?
• a. after the prosecution rests its case and on ground of
insufficiency of evidence
• b. before the prosecution rests its case and on ground of
insufficiency of evidence
• c. before the accused pleads to the information on
grounds of insufficiency of evidence
• d. all of the above.
• 85. _______ is the adjudication by the court that the
accused is guilty or not guilty of the offense charged and
the imposition on him of the proper penalty.
• a. acquittal
• b. trial
• c. Armageddon
• d. judgment
• 86. If GORDON committed a crime because he was
drunk at the time. But it was proven that his drunkenness
was accidental. Question: How is his accidental
drunkenness appreciated as a circumstance affecting his
criminal liability?
• a. exempting
• b. mitigating
• c. justifying
• d. aggravating
• 87. When may the court grant a new trial or
reconsideration?
• a. Any time before judgment of conviction becomes final
• b. after judgment of conviction becomes final
• c. before pleading to the complaint or information
• d. before the accused begins to serve his sentence
• 88. Which of the following is a ground to grant new
trial?
• a. errors of law or irregularities prejudicial to the
substantial rights of the accused have been committed
• b. new and material evidence has been discovered which
the accused could not with reasonable diligence have
discovered and produced at the trial.
• c. none of the above
• d. both a and b
• 89. 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
• b. affidavit
• c. probable cause
• d. suspicion
• 90. When a person is caught possessing an unlicensed
firearm, there must be “animus possidendi” on the part
of the offender so that he may be convicted of the crime
punished by PD 1866 as amended by RA 8294, the law on
illegal possession of firearms. What is meant by animus
possidendi?
• a. It simply means that there is an animal possessing a
firearm.
• b. Intent to possess
• c. Criminal intent
• d. It means that the possessor of the firearm has no
license to carry it.
• 91. What system of criminal procedure is present when
the prosecution of offenders is left to the initiative of the
officers of the law? Violence, torture and secrecy are the
distinguishing feature of this system.
• a. accusatorial
• b. mixed
• c. inquisitorial
• d. electrical
• 92. Where must be information filed?
• a. At the court
• b. public attorney’s office
• c. fiscal’s office
• d. prosecutor’s office
• 93. What crime, if any, was committed by the duty jail
guard if the prisoner escaped from jail while he (jail
guard) was sleeping?
• a. Infidelity in the custody of prisoner thru negligence
• b. Delivering prisoner from jail
• c. Infidelity in the custody of prisoner thru connivance
• d. Dereliction of Duty
• 94. KIM killed his illegitimate father. What crime was
committed by KIM ?
• a. Parricide
• b. Murder
• c. Homicide
• d. Infanticide
• 95. CORINA, 11 years old and a GRO, had a crush on
TED, 19 years old. CORINA invited TED to a motel where
they had voluntary sexual intercourse with each other.
What crime, if any, was committed by TED?
• a. Rape
• b. Grave scandal
• c. Acts of lasciviousness
• d. None of the above
• 96. At a gun point, NOLI threatened to kill MIKE if he
would not give his money. Fearing for his life, MIKE gave
his money to NOLI . What crime, if any, was committed by
NOLI ?
• a. Grave threats
• b. Light threats
• c. Other light threats
• d. Robbery
• 97. TITO, VIC, and JOEY agreed to rob a house of CHARO.
TITO and VIC entered the house while JOEY remained
outside as lookout. After getting the cash, TITO and VIC
decided to set the house on fire to destroy any evidence of
their presence. What crime or crimes did JOEY commit?
• A. Robbery and arson since arson took place as an incident
of the robbery.
• B. Robbery and arson since C took no step to stop the
arson.
• C. Just for robbery since he only agreed to it and served as
lookout.
• D. Accomplice to robbery since his role in the crime was
minimal
• 98. The three accused forcibly took their victim from his
car but the latter succeeded in freeing himself from their
grip. What crime did the three accused commit?
• a. Grave Coercion
• b. Forcible Abduction
• c. Frustrated Kidnapping
• d. Attempted Kidnapping
• 99. Which of the following crimes is an exception to the
Territoriality Rule in Criminal law?
• a. Violation of the Trademark Law committed by an alien
in the Philippines.
• b. Plunder committed at his place of assignment abroad
by a Philippine public officer
• c. Forgery of US bank notes committed in the Philippines.
• d. Crime committed by a Filipino in the disputed Spratly's
Island
• 100. A child in conflict with the law shall enjoy all the
rights of a child until?
• a. He is found to have acted with discernment
• b. His minority is set off by some aggravating
circumstance
• c. He is proved to be 18 years or older
• d. He forfeits such rights by gross misconduct and
immorality