CRIMINAL LAW AND JURSIPRUDENCE
INSTRUCTION:
1. YOU ARE GIVEN A TEST
QUESTION SHEET AND A
SEPARATE ANSWER SHEET.
2. USE A BALLPEN FOR FILLING
THE PRELIMINARY INFORMATION
IN THE ANSWER SHEET. USE A
PENCIL (MONGOL 2) FOR
SHADING YOUR ANSWER ON THE
TEST PROPER.
3. WRITE YOUR ANSWERS ON THE
ANSWER SHEET BY SHADING THE
APPROPRIATE, CORRESPONDING
BOX OF YOUR CHOICE.
1.It 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.probable cause
c.inquest
d.custodial investigation
2.If the original information charged
the accused for homicide and the
succeeding amended information will
charge the accused for murder, what
needs to be done?
a.if before plea, file a motion to
withdraw information and conduct
a preliminary investigation, with
leave of court
b.if before plea, file a motion to
dismiss the case and file a new
information after a new
preliminary investigation
c.if after plea, file a motion for
demurrer to evidence
if after plea, file an omnibus motion
to quash information and file a new
information after a new preliminary
investigation
3. It is one which arises 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.double jeopardy
b.res judicata
c.prejudicial question
d.jurisdiction
4.All are purposes for conducting
preliminary investigation, except:
a.to determine probable cause
b.to protect the accused from the
burden of trial if not probably guilty
c.to secure to innocent from oppressive
prosecution
d.to protect the rights of the offended
party
1) FINISH WELL
COMPREHENSIVE EXAM
5.Statement 1. If the two cases are
both civil, prejudicial question applies.
1. Statement 2. If the two cases are
both criminal, prejudicial question
applies.
a.Both statements are correct
b.Both statements are wrong.
c.Statement 1 is correct, Statement 2 is
wrong
d.Statement 1 is wrong, Statement 2 is
correct
6.Given the following information: “the
above-named accused, while armed
with a handgun, did then and there
willfully, unlawfully, and feloniously
attack, assault and shoot one
Maureen Navarro Hultman on the
head, resulting to her death.” The
proper charge on the accused would
be:
a.frustrated homicide
b.homicide
c.frustrated murder
d.murder
7.What degree of proof is necessary
to warrant the filing of an information
or complaint in court?
a. proof beyond reasonable doubt
b. probable cause
c. proximate cause
d. preponderance of evidence
8.Inquest is an _______ and _______
investigation conducted by a public
prosecutor in criminal cases involving
persons arrested and detained
without the benefit of a warrant of
arrest
a.formal: summary
b.informal: summary
c.casual: inquisitorial
d.public: accusatorial
9.If a complaint is filed with John Doe
as the name and later on the accused
was identified, what is to be made?
a.amendment
b.substitution
c.motion to dismiss
d.motion to quash
10.It is the method prescribed by law
for the apprehension and prosecution
of persons accused of any criminal
offense, and for their punishment, in
case of conviction
a.prosecution
b.criminal procedure
c.criminal action
d.jurisdiction
11.All determines jurisdiction of the
court in criminal cases, except:
a.geographical limits of its territory
b.allegations in the complaint or
information
c.proof or by the court’s
appreciation of the evidence
presented
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d. nature of the offense and/ or
penalty attached thereto
12.The modes of effecting arrest are:
Statement 1: By actual restraint of
the person to be arrested
Statement 2: By his condition to the
custody of the person making the
arrest
Choices:
a.Both statements are correct
b.Both statements are wrong.
c.Statement 1 is correct, Statement
2 is wrong
d.Statement 1 is wrong, Statement
2 is correct
13.What is the effect of desistance
made by the offended party in private
crimes?
a.it does not bar the People from
prosecuting the criminal action
b. the case will be dismissed
c. it will set aside the case
d. the case the cease to be heard and
tried
14.Motion for leave is essential if
before the plea:
a.there is a formal amendment
b.there is a downgrading of the
offense
c.there is an entry of not guilty
d.there is amendment as to identity
of the accused
15.What determines the jurisdiction
in criminal cases?
a.subject matter
b.territory
c.person accused
d.extent of the penalty
16.When the accused was lawfully
arrested without a warrant and the
judge finds probable cause on the
information filed, he shall issue a:
a.mittimus
b.commitment order
c.resolution
d.order of dismissal
17.Refers to persons given by law
the duty and power to exercise
jurisdiction and maintenance of peace
and order as well as life, liberty and
property.
a.persons in authority
b.judge
c.policemen
d.prosecutors
18. Which statement should be
sworn?
a.complaint
b.warrant of arrest
c.subpoena
d.summons
19. Which circumstances should be
included in the information?
a.alternative and aggravating
b.attenuating and qualifying
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 CRIMINAL LAW AND JURSIPRUDENCE
c.qualifying and aggravating
d.mitigating and exempting
20.It is one by which the State
prosecutes a person for an act or
omission punishable by law.
a.prosecution
b.criminal action
c.preliminary investigation
21. Statement 1: Proof is merely the
probative effect of evidence.
Statement 2: evidence is the
means by which a fact is proved
or disproved.
a. Only statement 1 is correct
b. Only statement 2 is correct
c. Both statement are correct
d. Both statement are incorrect
22.Statement 1: No evidence is
admissible unless it is relevant.
Statement 2: Relevancy alone
makes the evidence admissible.
a. Only statement 1 is correct
b. Only statement 2 is correct
c. Both statement are correct
d. Both statement are incorrect
23.In a prosecution for homicide, the
witness swears that the accused
killed the victim because his ever
truthful boyhood friend told him so.
The testimony is
a. Relevant
b. Competent
c. Admissible
d. credible
24. Based on the above stated
problem, the testimony is.
a. Hearsay but admissible
b. Hearsay, hence inadmissible
c. An exception to the res inter
alios acta rule.
d. A dead man’s statute
Problem No. 1
Dencio barged into the house of
Marcela, tied her to the chair and
robbed her of assorted pieces of
jewelry and money, Dencio then
brought Candila, Marcela’s maid to a
bedroom where he raped heer.
Marcela could hear Candila crying, “
huwag,maawa ka sa akin “ after
raping candila, Dencio fled the house
with the loot. Candela untied Marcela
and rushed to the nearest police
station. Candila told the police what
happened. The policeman noticed
that Candila was hysterical and on
the verge of collapse. Dencio was
charged with robbery with rape.
Durign trial, Candila can no longer be
located.
CHMSC CJE-CRIM 4-POINT AGENDA:
1) FINISH WELL
COMPREHENSIVE EXAM
25.If the police will testified that he
noticed Candila to be hysterical and
on the verge of collapse, the
testimony is.
a. Admissible being relevant
b. Admissible as an opinion of an
ordinary witness
c. Inadmissible as hearsay
d. Inadmissible as part of the res
gestae
26. If the police will testify as to the
rape incident, the testimony is
a. Relevant and competent
b. Hearsay
c. Admissible as an exception to
the hearsay rule
d. A declaration against interest
27. If Marcela will testify to the rape,
hearing Candida said “ Huwag,
maawa ka sa akin.” The testimony is
a. Hearsay, hence inadmissible
b. Part of the res gestae
c. A declaration against a third
party
d. None of the above
28. If Marcela will testify to the rape,
hearing Candida said “ Huwag,
maawa ka sa akin.” The testimony is
a. Hearsay, hence inadmissible
b. Part of the res gestae
c. A declaration against a third
party
d. None of the above
29. It refers to a situation where
incompetent evidence was
erroneously received by the court
despite objection from the other
party. Where the objection was
incorrectly overruled, the court must
allow the other party to introduce
evidence to contradict the evidence
improperly admitted.
a. Curative admissibility
b. Multiple admissibility
c. Conditional admissibility
d. Consensual admissibility
30.It refers to a situation where
incompetent evidence was
erroneously received by the court
despite objection from the other
party. Where the objection was
incorrectly overruled, the court must
allow the other party to introduce
evidence to contradict the evidence
improperly admitted.
a. Curative admissibility
b. Multiple admissibility
c. Conditional admissibility
d. Consensual admissibility
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31. In criminal case, the burden of
proof lies with the
a. Accused
b. Prosecution
c. Judge
d. Person alleging the
offense
32.When there is judicial notice
a. Trial is ensued on the merits of
the case
b. Evidence is dispensed with
c. Fact in issue has to be proved
d. There is lack of evidence
33.Statement 1: Judicial knowledge
means personal knowledge of the
judge
Statement 2: Judges must have
judicial knowledge of the law
a. Only statement 1 is correct
b. Only statement 2 is correct
c. Both statement are correct
d. Both statement are incorrect
34.Suppose upon seeing a
policeman, a bystander points to a
man and accuses him as the killer of
another man found dead the night
before. The man pointed at does not
respond. He does not deny the
accusation.
a. There is no clear evidence
pointing of the accused as the
perpetrator of the crime
b. His failure to respond may be
given in evidence against him
c. There probable cause to
believe the accused is no
guilty
d. The accused made an
extrajudicial confession
35.From the above situation, there is
a. A valid extrajudicial confession
b. Admission by silence
c. Prima facie evidence of guilt
d. Implied admission
36. If X makes a statement in open
court implicating Y and Z aside from
his own judicical admissions, the
declaration is
a. Admissible by way of res inter
alios actos rule
b. Inadmissible as exception to res
inter alios actos rule
c. Admissible as exception to res
inter alios actos
d. Inadmissible as part of res inter
alios actos
37. What is needed to establish
admissibility of non – unique object?
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 CRIMINAL LAW AND JURSIPRUDENCE
a. Testimonial evidence
b. Chain of custody
c. Offer of evidence
d. Evidence – in - chief
38. What is the evidence of the
highest order?
a. Documentary evidence
b. Testimonial evidence
c. Best evidence
d. Object evidence
39.Which of the following statement
is correct?
a. A domestic record may be
evidenced by an official
publication.
b. Circumstantial evidence can
be utilized not only in a
criminal case but in a civil case
as well.
c. Testimonies of witnesses are
always given in open court.
d. Expert testimony is not
necessary in a petition under
Article 36 of the Family Code.
40. Which of the following statement
is correct?
a. Text messages are classified
as ephemeral electronic
communication under the
Rules on Electronic Evidence.
b. The English Exchequer rule
superseded the Harmless
Error Rule.
c. Church registries of birth,
marriages and death from
1980 to present are public
writings.
d. Non-human evidence violates
the hearsay rule.
41.Intent is
a. Demonstrated by a particular
means to bring about a desired
result
b. A state of mind
c. A reason for committing a
d.
crime
The result of an act
42.Motive is
a. The moving force to do an act
b. An impulse to do an act
c. A passion to do a crime
d. All of the foregoing
43.Statement 1: Intent is manifested
by the instrument used by the
offender.
Statement 2: When there is
motive in the commission of a
crime, it always comes before the
intent. But a crime may be
committed without motive.
a. Statements 1 and 2 are
correct
b. Statements 1 and 2 are
wrong
CHMSC CJE-CRIM 4-POINT AGENDA:
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COMPREHENSIVE EXAM Page 3 of 5
c. Statement 1 is true,
statement 2 is false 51. All incurs criminal liability,
d. Statement 1 is false, except:
statement 2 is true a. Preater intentionem
b. Mistake of identity
44.Statement 1: If the crime is c. Mistake of fact
intentional, it cannot be committed d. Mistake in the blow
without intent.
Statement 2: A crime cannot be 52. In proximate cause, a person is
committed without a motive. not criminally liable if there is a
a. Statements 1 and 2 are a. Supervening event
correct b. Immediate cause
b. Statements 1 and 2 are c. Alteration of events
wrong d. All of the foregoing
c. Statement 1 is true,
statement 2 is false
53.Pickpocketing an empty wallet is
a. A legal impossibility
d. Statement 1 is false, b. A physical impossibility
statement 2 is true c. Not a criminal act
45.A husband came home and d. An impossible act
found his wife in a pleasant
conversation with a former suitor.
54.All crimes does not admit a
frustrated stage, except:
Thereupon, he got a knife and a. Direct assault
stabbed the former suitor. b. Rape
a. The moving force of the c. Arson
husband is intent d. adultery
b. The moving force of the
husband is jealousy 55.Circumstances wherein the acts
c. The husband had no moving of the person are in accordance with
force to act the law, and hence, he incurs no
d. The overt act is jealousy criminal and civil liability.
a. Exempting
46.In a case where mother and son b. Alternative
were living in the same house, and c. Justifying
the son got angry and strangled his d. Aggravating
mother, the son, when prosecuted
for parricide, raised the defense that 56. It means that the resulting injury
he had no intent to kill his mother. is greater than that which is
a. There is intent to kill by intended.
accident a. Aberratio ictus
b. There is motive to kill b. Error in personae
c. There is intent to kill by means c. Dura lex sed lex
of strangulation d. Praeter intentionem
d. There is no intent to kill
57. Crimes that have three stages of
47.The gravamen of the offense execution.
a. Mala in se A. Material
b. Mens rea B. Formal
c. Intent C. Seasonal
d. Motive D. Continuing
48. When the offender acted out of a 58.Under this Rule, crimes are not
misapprehension of fact he acted triable in the courts of that country,
a. With criminal intent unless their commission affects the
peace and security of the territory or
b. Without criminal intent
c. With deliberate intent the safety of the state is endangered.
d. Without motive A. French Rule
B. Spanish Rule
49.When the offender acted out of a C. American Rule
misapprehension of fact, the act is D. English Rule
a. Absolutory if the crime
involved is dolo 59.A, with intent to kill, fired a
b. Absolutory if the crime revolver at B. He inflicted a fatal
involved is with bad faith wound. A brought B to a hospital,
c. Exculpatory if with malice and due to timely medical
d. With criminal liability assistance, B survived. What crime
did A commit?
50.A person who violated the A. physical injuries
Revised Penal Code is a B. attempted felony
a. Criminal C. frustrated felony
b. Suspect D. no criminal liability
c. Felon
d. Felony
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 CRIMINAL LAW AND JURSIPRUDENCE COMPREHENSIVE EXAM Page 4 of 5
a. 6 years and 1 day c. Reformist
60. If the accused, who upon seeing b. 8 years and 1 day d. Realistic
the victim steal his carabao shot the c. 14 years, 8 months and 1 day
supposed thief, there is d. 12 years and 1 day 76.A killed B without any qualifying
a. Passion and obfuscation circumstances. However, a day after
b. Immediate vindication 67. Criminal liability is extinguished the killing A chopped off the corpse,
c. Treachery by the following except: scattered it in different places in
d. Evident premeditation a. Death of the convict before order to hide the killing. What is the
final judgment. crime of A?
61. If in struggling with another who b. Absolute pardon. a. Homicide
sought to wrest away his bolo, to c. Prescription of the crime. b. Murder
defend his possession the defendant d. Pardon by the offended party. c. Murder mitigated by passion
wounded a bystander, who died as a and obfuscation
consequence: 68.Generally, crimes punishable by d. Manslaughter
a. The injury caused is death, reclusion perpetua or
accidental, hence exempt reclusion temporal prescribe in: 77.May treachery be appreciated in
from liability a. 10 years aberratio ictus?
b. The injury caused is b. 15 years a. Yes, when the offender fired
accidental, hence justified c. 20 years but missed, the victims were
c. The injury caused is d. imprescriptible helpless to defend themselves
accidental, but mitigated b. Yes, there is always treachery
d. The injury caused is accidental 69. Refers generally to acts made in aberratio ictus.
but culpable criminal by special laws c. No, it requires presentation of
a. felony evidence to prove treachery
62. If a person was struck with the b. mala ince d. No, it is abuse of superior
butts of the guns of those who killed c. mala in se strength that is appreciated
another to compel him to bury their d. mala prohibita
victim:
70.A quality in which an act may be 78.If a house was burned to conceal
a. He is liable as an accessory of the killing of the victims inside the
b. He is liable as an accomplice ascribed to a person as the author or house, the crime or crimes are:
c. He is not liable as there was owner. a. Murder
negligence a. imputability b. Arson and homicide
d. He is not liable due to a b. culpability c. Arson with homicide
compulsion of an irresistible force c. liability d. Homicide only
d. responsibility
63. If a policeman effected the 71.Boy, a policeman, persuades 79.If the property were burned as a
abduction of the offended party when consequence of the use of fire to kill,
he was then wearing his uniform, Allan to commit a felony. Boy’s act is the crime is
there is an aggravating circumstance called a. Arson
of a. instigation b. Arson and homicide
a. Craft b. entrapment c. Arson with homicide
b. Taking advantage of position c. conspiracy d. Murder
c. In contempt of public authority d. proposal
d. Disregard to rank 72.Refers to a person who at the 80. M, the mother killed her 24-
hour old child, C, the crime is
64.Conspiracy exists when two or time of his trial for one crime shall
have been previously convicted by
a. Parricide
more persons come to an agreement b. Murder aggravated by
concerning the commission of a final judgment of another crime treachery
felony and: embraced in the same title of RPC. c. Murder attenuated by
a. Participated in the criminal a. delinquent dishonour
desi b. habitual delinquent d. Infanticide
gn c. recidivist
b. Established an agreement d. offender 81. A and B cohabit without the
benefit of marriage, A killed B, the
c. Proposed to commit it
d. Decide to commit it
73.Gloria lends Nany a bolo which crime of A is
was used in the murder of Mike. a. Parricide
65.If a child exploited in prostitution Gloria is liable as an:
a. principal
b. Murder
seem to consent to what is being c. Death under exceptional
done to her or him and may not b. accessory circumstances
appear to complain, there is c. accomplice d. Violence against women and
a. A violation of RA No. 7610 d. conspirator children
b. No violation of the law as
express consent is given to
74.Reparation through indemnity is 82.A person is about to die due to
done by a person who caused cancer. To ease the pain, the doctor
the sexual act a. Social injury
c. A violation of the Revised conceded to the plea of the patient to
b. Personal injury administer lethal doses of morphine.
Penal Code, as it is c. Moral damage
punishable as statutory rape The patient died. The doctor is liable
d. A felony for:
d. No violation as there is no
complaint raised against the 75.A philosophy adhering to a. Euthanasia
b. Abetting suicide
violators retribution, where criminal liability is
born from free will. c. Giving assistance to suicide
66.The penalty of reclusion temporal a. Juristic d. No liability
has a maximum of: b. Positivist
CHMSC CJE-CRIM 4-POINT AGENDA:
1) FINISH WELL 2) STAY FOCUSED 3) NEVER QUIT 4) GO FOR 100
 CRIMINAL LAW AND JURSIPRUDENCE
83. If a person, without intent to kill
shoots another, without hitting him,
the crime is
a. Alarms and scandal
b. Attempted homicide
c. Illegal discharge of firearm
d. Serious physical injuries
84.The offender hacked the victim
thrice on the face after raping her
twice and left her for dead only to be
saved by prompt medical attention,
the crime is
a. Two counts of rape and
frustrated murder
b. Rape attended the qualifying
circumstance of mutilation
c. Rape with frustrated homicide
d. Rape and serious physical
injuries
85.If a father raped his own
daughter, the crime is
a. Rape
b. Incestuous rape
c. Statutory rape
d. Rape by sexual assault
86. Will the fact alone that ransom
was given indicative of kidnapping?
a. Yes, as ransom is an essential
requisite of kidnapping
b. Yes, ransom is indicative of
evil intent
c. No, it is the deprivation of
liberty that is essential for
kidnapping
d. No, it is money that
consummates the crime
87. When a person is forcibly
dragged and slapped, taking away
her right to go home, there is
a. Abduction
b. Kidnapping
c. Grave coercion
d. Serious illegal detention
88. A third person was killed while a
group of armed man was detaining a
child for a ransom, the crime or
crimes are
a. Kidnapping with homicide
b. Kidnapping and homicide or
murder
c. Serious illegal detention with
murder
d. Kidnap for ransom complexed
with homicide
89.If a policeman died in a struggle
trying to rescue a child abducted by
malefactors, the crime or crimes
would be
a. Direct assault with homicide
and kidnapping
b. Kidnapping with murder
aggravated by direct assault
c. Kidnapping and murder
d. Kidnap for ransom with
homicide
CHMSC CJE-CRIM 4-POINT AGENDA:
1) FINISH WELL
COMPREHENSIVE EXAM
90. If a policeman died while
pursuing robbers, the crime or
crimes are:
a. Robbery with homicide
b. Robbery and direct assault
with homicide
c. Robbery and murder
aggravated by direct assault
d. Robbery with murder
91. If one of the robbers died while
ensuing a criminal act, the crime or
crimes are:
a. Robbery with homicide
b. Robbery and direct assault
with homicide
c. Robbery and murder
aggravated by direct assault
d. Robbery with murder
92.RA 9208 is
a. Highway robbery law
b. Anti-trafficking in persons law
c. Anti-child labor law
d. Hijacking law
93. Arbitrary detention is committed
by;
a. A mayor who detains a
person but lets such person
roam freely in a compound
with guards
b. A police officer who brought a
person with avian flu under
confinement at a public
hospital
c. A municipal councilor who
finished his term and
thereafter, detained a servant
after seeing such servant
quarrelling with another
d. A policeman, without a
warrant of arrest, detained a
person who escaped from
prison
94. When a private person makes a
lawful arrest but fails to deliver the
person arrested to the proper judicial
authorities, he commits the crime of;
a. Delay in the delivery of
detained persons to the
proper authorities
b. Arbitrary detention
c. Delaying release
d. Illegal detention
95. It is committed by a persons,
who being under oath are required to
testify as to the truth of a certain
matter at a hearing before a
competent authority, shall deny the
truth or say something contrary to it;
A) Forgery
B) Perjury
C) Falsification
D) False testimony
96. X, helped A to escape from jail.
What is the crime committed if X is a
private individual?
A) Delivering Person From Jail
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Page 5 of 5
B) Evasion Of Sentence
C) Infidelity In The Custody Of
Prisoners
D) None
97. In relation to the previous
question, what if X is a police officer
who is in custody of the prisoners?
A) Delivering Person From Jail
B) Evasion Of Sentence
C) Infidelity In The Custody Of
Prisoners
D) None
98. Under the Comprehensive
dangerous Drugs Act of 2002, which
of the following acts is not bailable?
A) Sale made within 100m from
school
B) Manufacture of
prohibited/regulated drugs
C) Possession of 10 gms. Shabu
D) Sale of shabu
99. Three armed men using force
and intimidation attacked the
municipal hall of one municipality for
the purpose of removing from the
allegiance to government of the
Philippines the territory of the same
municipality and replacing its local
governance with theirs. What it he
crime committed?
A. Sedition
B. Rebellion
C. Direct Assault
D. Indirect Assault
100. n relation to the question
above, what if the men are not
armed and their purpose is to
attacked the hall and to take
whatever cash and property to be
distributed to the poor who are
assembling outside, without them
getting any part of the loot? What it
he crime committed?
A. Sedition
B. Rebellion
C. Direct Assault
D. Indirect Assault
-end of exam-
Prepared by:
MEO J. MALLORCA
4) GO FOR 100