Criminal Jurisprudence

CRIMINAL JURISPRUDENCE
AND
PROCEDURE
1. It refers to a territorial unit where the power of the court is to be exercised.
a. Jurisdiction
b. Trial courts
c. Venue
d. Territory
Ans. C
2. 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.
Ans. D
3. Maybe defined as the security given for the release of a person in custody of law,
furnished by him or a bondsman, to guarantee his appearance before any court as
required under the conditions herein specified.
a. Pardon
b. Bail
c. Probation
d. Parole
Ans. B
4. A detained prisoner is allowed to eat and drink in a nearby restaurant on several

occasions. He is however well-guarded at all times. The warden allowed him to go out
of his cell without any consideration whatsoever. The warden may be charged with-
a. Negligence of duty
b. Dereliction of duty
c. Leniency or laxity
d. Infidelity
Ans. B
5. What crime is committed when A, driving a truck, ran over a girl crossing the street
during a torrential rain and the girl died?
a. Homicide
b. Serious physical injuries
c. Murder
d. Reckless imprudence resulting to homicide
Ans. D
6. It is defined as an accusation in writing charging a person with an offense subscribed

by the fiscal and filed with the court.
Information
b. Complaint
c. Action
d. Police blotter
Ans. A
7. The offender who is still undergoing preliminary investigation at the prosecutor’s

office is referred to as –
a. Respondent
b. Suspect
c. Accused
d. Defendant
Ans. A
8. Refers to 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 in
connection with the offense is in the place searched is –
a. Probable cause
b. Search warrant
c. Plain view doctrine
d. Arrest warrant
Ans. A
9. 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
c. Fruit of poisonous tree
d. Silver plate
Ans. C
10. Who are criminally liable, when having knowledge of the commission of the crime,
without having principally participated therein, takes part subsequent to the commission,
either in profiting by the effects of the crime or by concealing or destroying the body of
the crime?
a. Witnesses
b. Accessories
c. Principals
d. Accomplices
Ans. B
11. 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 he husband
d. No
Ans. D
12. This requirement imports the degree of proof necessary to convict an accused of the
crime of treason consisting of the testimony of two witnesses to the same over act.
a. Dangerous tendency rule

b. All of the foregoing
c. Two witness rule
d. None of the foregoing
Ans. C
13. 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.
Ans. B
14. The law that prescribes certain rights of a person arrested, detained or under
custodial investigation and the guidelines, procedure and responsibilities of the
arresting, detaining and investigating officer is
a. B.P. 129, as amended
b. R.A 7691
c. R.A. 8294
d. R.A. 7438
Ans. D
15. What do you call the record of the court where the proceedings of the court or the
judgment of the court is recorded in case the accused failed to appear for the
promulgation of judgment despite notice –
a. Log book
b. Record book
c. Criminal docket book
d. Folio of the case.
Ans. C
16. Requisite before recall of a witness.
a. Leading Question
b. Misleading Question
c. Impeachment
d. Leave of Court
Ans. D
17. 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
d. Fact finding investigation.
Ans. C
18. It refers to the performance of an act that ought not to be done
a. Nonfeasance
b. Misfeasance
c. Malfeasance
d. Unfeasance
Ans. C
19. 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
Ans. A
20. The person, who is authorized by law to grant probation to an accused convicted of
a crime, is:
a. President of the Philippines

b. Director of Prisons
c. Trial Court Judge
d. Jail Warden
Ans. C
21. Rule which requires the highest grade of evidence obtainable to prove a disputed
fact is the original of a document.
a. Parole Evidence Rule

b. Best Evidence Rule
c. Original of a document
d. Secondary Evidence
Ans. B
22. Parties or assignors of parties to a case, or persons in whose behalf a case is

prosecuted, against an executor or administrator or other representative of a deceased
person, or against a person of unsound mind, upon a claim or demand against the
estate of such deceased person or against such person of unsound mind, cannot testify
as to any matter of fact accruing before the death of such deceased person or before
such person became of unsound mind.
a. Marital Disqualification
b. Privilege Communication Rule
c. Parental and filial privilege
d. Dead Man’s Statute Rule
Ans. D
23. It is the felony committed when a person takes away a minor, over 12 but under 18
years of age, with her consent, after solicitation or cajolery from the offender, committed
with lewd design.
a. Forcible abduction
b. Consented abduction
c. Forcible seduction
d. Qualified seduction
Ans. B
24. The following are crimes against chastity, EXCEPT
a. Adultery
b. Concubinage
c. Rape
d. Seduction
Ans. C
25. The offender performs all acts of execution, that would produce the felony as a
consequence, but the felony was not produced, by reason of causes independent of the
will of the perpetrator are the requisites of:
a. Attempted felony
b. Frustrated felony
c. Consummated felony
d. Impossible crime
Ans. B
26. 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
Ans. C
27. 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
Ans. A
28. It is a law that partially or totally modifies or changes an existing law.
a. Repealed law
b. Repealing law
c. Repelled law
c. Repelling law
Ans. B
29. The following felonies do not admit of a frustrated stage, except:
a. Rape
b. Physical injuries
c. Adultery
d. Theft
Ans. D
30. It is a legislative enactment that inflicts punishment for a crime without judicial trial.
a. Ex post facto law

b. Bill of attainder
c. Enrolled bill
d. Expose facto law
Ans. B
31. 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
Ans. C
32. It is incurred by a person committing a felony although the wrongful act done be
different from what he intended to do.
a. Felonious act
b. Offense
c. Criminal liability
c. Civil liability
Ans. C
33. The condition sine-quanon or indispensable element in self defense.
Provocation
b. Unlawful aggression
c. Reasonable necessity
d. Irresistible force
Ans. B
34. Is an agreement made between two or more parties as a settlement of matters in

dispute?
a. Conspiracy
b. Settlement
c. Res Inter Alios Acta Rule
d. Compromise
Ans. D
35. It maybe defined as the forfeiture of the right of the government to execute the final
sentence after the lapse of a certain time fixed by law.
Impossible crime
b. Prescription of penalty
c. Prescription of crime
d. None of the above
Ans. B
36. X threatened to kill Y if the latter will not give him one thousand pesos. What crime
has been committed by X?
a. Attempted murder
b. Kidnapping for ransom
c. Grave threats
d. Grave coercion
Ans. C
37. At the hearing of an application for admission to bail, the __________ has the
burden of showing that the evidence of guilt is strong.
a. Prosecution
b. Defense
c. Court
d. Bailiff
Ans. A
38. 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. Grave coercion
b. Unjust vexation
c. Forcible abduction
d. Maltreatment
Ans. B
39. M forcibly entered G’s house one night. G was awakened and M immediately left the
place. M’s crime is?
a. Attempted robbery
b. Frustrated robbery
c. Robbery with trespass to dwelling
d. Trespass to dwelling
Ans. D
40. How may, an ordinary citizen gives his opinion regarding the handwriting of a
person?
a. When he has testify only as to the mental and emotional state of the one who
authored the handwriting
b. When it is the handwriting of one whom he has sufficient familiarity
c. When he is a questioned document examiner
Ans. B
41. The Judiciary Reorganization Act is otherwise known as –
a. PD 1612
b. BP 186
c. RA 7695
d. BP 129
Ans. D
42. At what time may the accused move to quash the complaint or information?
a. At any time before his arrest

b. Only after entering his plea
c. At any time before entering his plea
d. All of the foregoing
Ans. C
43. A person designated to assist destitute litigants.
a. Counsel
b. Attorney at law
c. Attorney on record
d. Counsel de officio
Ans. D
44. Which of the following is an example of an afflictive penalty ?
a. Prision mayor
b. Arresto mayor
c. Prision correctional
d. fine
Ans. A
45. 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
Ans. A
46. Kho is known for his obscene materials. One of his writings entitled “Hayden” was
stolen from his office and was published by someone. The authorities got hold of the
obscene magazine. Kho is –
a. Not liable at all

b. Liable for pornography
c. Liable of obscene publication (as a co-publisher)
d. Liable of obscene publication (as author)
Ans. A
47. It is granted in connection with crimes against property, and is limited to prejudice
that the injured party suffered.
a. Prejudicial question
b. Reparation
c. Probation
Ans. B
48. A judgment become final after the lapse of the period for-
a. Presentation of evidence by the prosecution

b. Presentation of evidence by the defense counsel
c. Perfecting an appeal
Ans. C
49. 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
Ans. B
50. It is defined as the deprivation by a public officer to the liberty of a person without
any legal ground, if the offender is a private person illegal detention is committed.
a. Illegal detention
b. Violation of domicile
c. Arbitrary detention
d. Any of the foregoing
Ans. C
51. The complaint or information should state the following EXCEPT –
a. Name of the offended party
b. The designation of the offense by the state
c. Name of the accused
d. Name of the court
Ans. D
52. All persons, having organs of sense, can perceive and perceiving, and can make
their perception to others, may be-
a. Witness
b. Prosecutor
c. Defense counsel
Ans. A
53. It is a doctrine usually applied where the police officers is not searching for evidence
against the accused but nonetheless inadvertently come across incriminating objects.
a. Waiver or consented search
b. Stop and frisk
c. In flagrante delicto
d. Plain view
Ans. D
54. The following are the requisites of an information except-

a. It must be filed by the offended party
b. It must charge the person with an offense
c. It must be subscribed by the prosecutor
d. It must be in writing
Ans. A
55. 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
Ans. B
56. It is a form of evidences supplied by written instruments or derived from
conventional symbols, such as letters, by which ideas are represented on material
substances.
a. Real evidence
b. Documentary evidence
c. Testimonial evidence
d. Material evidence
Ans. B
57. 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
Ans. D
58. 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
Ans. C
59. What crime exists when a single act constitutes two or more grave or less grave
felonies or when the offense is necessary means for committing the other?
a. Complex crime
b. Continuing crime
c. Compound crime
d. All of the above
Ans. A
60. Alpha with intent to kill fired his revolver to Bravo and inflicted a fatal wound. Alpha
brought Bravo to the hospital and due to immediate medical assistance, Bravo survived.
What crime did Alpha committed?
a. Physical injuries
b. Frustrated homicide
c. Frustrated murder
d. No criminal liability
Ans. B
61. In what instances is a warrant of arrest is not necessary?
a. If the accused is already under detention
b. If the complaint or information was filed after the accused was lawfully arrested
without warrant
c. When the penalty is fine only
d. All of the Foregoing.
Ans. D
62. What is defined as the means sanctioned by the rules of ascertaining the judicial
proceeding the truth respecting a matter of fact.
a. Evidence
b. Investigation
c. Procedure
d. Trial
Ans. A
63. During the pending of his case, D died due to heart attack. His untimely death
resulted in-
a. Postponement of the case
b. Suspension of the case
c. Dismissal of the case
Ans. C
64. What if the offended party is a corporation, how do you indicate it in the complaint or
information?
a. Leave it blank
b. State the name of the corporation
c. Aver it in the charge sheet
d. State the name of the owner of the corporation
Ans. B
65. Refers to the family history or descendant transmitted from one generation to
another.
a. Pedigree
b. Reputation
c. Privies
Ans. A
66. 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
Ans. B
67. It is defined as those which would have been crimes against persons or properties
were if not for the inherent impossibility of its accomplishment on account of the use of
inadequate or ineffectual means.
a. Proximate cause
b. Impossible crimes
c. Formal crimes
d. Material crimes
Ans. B
68. The 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. All of the above
Ans. C
69. 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
Ans. B
70. Aggravating circumstances which generally apply to all crimes such as dwelling,
nighttime, or recidivism.
a. Specific
b. Inherent
c. Generic
d. None of these
Ans. C
71. This involves the trickery and cunning on the part of the offender.
a. Craft
b. Fraud
c. Deceit
d. Estafa
Ans. A
72. Delivered in open court wherein the witness states that he does not know whether a
fact did or did nor occur.
a. Positive evidence
b. Negative evidence
c. Real evidence
d. Object evidence
Ans. B
73. What is the legal term for Nighttime?

a. Sanctuary
b. Solitude
c. Nocturnity
d. Alevosia
Ans. C
74. What is the order of reverse trial?
a. Prosecution-Defense-Rebuttal-Submission for decision

b. Rebuttal-Defense-Prosecution-Submission for decision
c. Defense-Prosecution-Rebuttal-Submission for decision
d. Submission for decision-Rebuttal-Prosecution-Defense
Ans. C
75. 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
Ans. B
76. These are crimes which are consummated in one single act.
a. Material crimes
b. Formal crimes
c. Index crimes
d. non-index crimes
Ans. B
77. These are additional evidence of different character tending to prove the same
point.
a. Corroborative evidence
b. Cumulative evidence
c. Testimonial evidence
d. Documentary evidence
Ans. A
78. 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
Ans. B
79. 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
Ans. B
80. The following are exempt from the operation of our criminal laws, except:
a. Ambassadors
b. Consul general
c. Minister plenipotentiary
d. Minister resident
Ans. B
81. A crime punishable by arresto mayor prescribes in:

a. 20 years
b. 15 years
c. 10 years
d. 5 years
Ans. D
82. If the accused is lawfully arrested without a warrant of arrest for a grave offense, he
can only be detained within this period, otherwise he will be released .
a. 36 hrs.
b. 18 hrs.
c. 12 hrs.
d. 72 hrs.
Ans. A
83. Offenses involving criminal negligence where the penalty of fines does not exceed a
fine of P10,000.00 is within the coverage of this rule.
a. Regular procedure
b. Ordinary procedure
c. Summary procedure
d. Any of this
Ans. C
84. It is not necessary to state in the complaint or information the precise time at which
the offense was committed. However, in one of the following crimes time of the
commission is an essential element, and therefore, must be alleged in the complaint or
information.
a. Parricide
b. Infanticide
c. Abortion
d. Malicious mischief
Ans. B
85. The personal evaluation of the judge after the filing of a case in court for the
purpose of determining the existence of a probable cause for the issuance of a warrant
of arrest.
a. Preliminary investigation
b. Preliminary examination
c. Criminal investigation
d. Inquest
Ans. B
86. The pre-marking of evidence of the parties for identification purposes are suppose
to be made during this stage of the proceedings –
a. Arraignment
b. Trial proper
c. Pre-trial conference
d. Direct examination
Ans. C
87. An extra-judicial confession made by an accused shall not be sufficient and

admissible unless it is in:
a. Writing
b. Voluntarily given
c. Presence of his counsel
d. All of these
Ans. D
88. The penalty of reclusion temporal prescribes in:

a. 20 years
b. 15 years
c. 10 years
d. 5 years
Ans. C
89. It refers to the final determination by a Court of competent jurisdiction of the issues
submitted to in a case such that after it is issued, the case ends if the losing party does
not appeal.
a. Interlocutory order
b. Summons
c. Subpoena
d. Judgment
Ans. D
90. It is also known as “crime of the giver” when a private person gives money to a
public officer so that he will do something favorable to the giver
a. Direct bribery
b. Indirect bribery
c. Corruption of a public official
d. Accused is pregnant
Ans. C
91. It is the crime committed when a public officer uses public funds for his own
personal benefit or for the benefit of another person.
a. Illegal use of public funds
b. Malversation of public funds
c. Plunder
Ans. B
92. Criminal actions requires preliminary investigation by the proper officers where the
prescribed penalty at least
a. 6 months and 2 days
b. 4 yrs. 2 mos. And 1 day
c. 6 yrs. 2 mos. And 1 day
d. 4 yrs. And 1 day
Ans. B
93. The kind of evidence addressed to the senses of the court, which is also known as
the evidence of the highest probative value
a. Oral testimony
b. Object evidence
c. Documentary evidence
d. Testimonial evidence
Ans. B
94. The Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal

Offenders.
a. PD 968
b. PD 1612
c. PD 603
d. PD 1829
Ans. D
95. Refers to the taking of several properties about the same place and time arising
from a single intent gives rise to only one crime.
a. Delito Continuado
b. Delito Complejo
c. Delito Compuesto
Ans. A
96. Subsidiary imprisonment is a personal liability to be suffered by the convict who has
no property to meet the fine but required to pay ________ each day.
a. 7 Pesos
b. 8. Pesos
c. 9 Pesos
d. 10 Pesos
Ans. B
97. An application for a search warrant can be made in any court of the Philippines
which has jurisdiction over the subject matter
a. Wholly true
b. Partly true
c. Wholly false
d. Partly false
Ans. A
98. Within what period the warrant of arrest be executed by the police officer
a. 10 days from its date
b. 10 days from its issuance
c. 10 days from receipt
d. 10 days application
Ans. C
99. The constitutional right to consider “a speedy, impartial and public trail” is available
to
a. Both parties
b. Accused
c. Offended party
d. None of these
Ans. A
100. The period within which the police officer will make his report stating the action
taken by him whether the warrant of arrest was enforced or not is within
a. 10 days from receipt

b. 10 days date
c. 10 days from its issuance
d. 10 days after the lapse of the period to execute the warrant
Ans. D
Situation 1.
During custodial investigation at the Central Police District, Quezon City,
“A” was informed of his constitutional right, to remain silent and to have a competent
and independent counsel. He decided to waive his right to counsel and proceeded to
make a statement admitting commission of robbery.
101. A’s statement is inadmissible in evidence against him because –
The right to remain silent cannot be waived

It was not made in the presence of the counsel
The waiver was not made in writing and in the presence of the counsel
It was not made in writing
Ans. A
102. Assuming that all conditions in the waiver were properly observed except the right
to counsel which was waived “A” could not afford the services of one, A’s statement will
be –
Admissible, because A was informed of his to counsel but he could not afford to hire
one
Inadmissible, because A must be provided with counsel free of charge
Admissible, because A did not insists of his right to counsel and he voluntary waived it
Admissible in evidence against him because all the conditions were present in the
waiver
Ans. B
103. Assuming that the public prosecutor on the basis of the now written confession of
A, who waived his right to counsel because he could not afford one, filed the information
against him and the judge after trial, convicted A on the basis of his written confession.
A would like to appeal his case to higher court. The appeal should be filed -
a. Within 30 days from the time A’s counsel de officio who was absent of the time of
promulgation receive a written copy of the judgment of conviction
b. Within 30 days from the date the case was submitted for resolution
c. Within 15 days from the promulgation of judgment
d. Within 15 days from the date of pre-trial conference
Ans. C
Situation 2.
Brad Pitt was a stay-in cook in Club John Hay. He was afraid of bad
elements. One evening, before going to bed, he locked himself in his room by placing a
chair against the door. After having gone to bed, he was awakened by someone trying
to open the door. He called out “who’s there?” but he received no answer. Fearing that
the intruder was a robber, he leaped from bed and called out again, “if you enter the
room I will kill you”. But at that precise moment he was struck by the chair that had been
placed against the door, and believing that he was being attacked, he seized a kitchen
knife and struck and seriously wounded the intruder who turned out to be his wife who
was giving him a surprise visit.
104. Assuming Brad Pitt is liable under the foregoing circumstances, what crime has he
committed?
Frustrated murder
Frustrated parricide
Serious physical injuries
Frustrated homicide
Ans. C
105. Which of the following circumstances affecting criminal liability in general

applicable in the above situation?
Nullifying circumstances
Aggravating circumstances
Mitigating circumstances
Exempting circumstances
Ans. D
106. Which of the following specific circumstances affecting criminal liability can be
invoked properly by Brad Pitt?
Mistake of fact
Accident
Self-defense
Treachery
Ans. A
Situation 3.
Angel and Demon are neighbors. During a drinking spree, Angel punched
Demon without any provocation. Demon’s injury required medical attention for a period
of seven days. Immediately there after, SPO1 Pus Khol whose help was sought by
Demon took the statement of Demon and did not know anymore what to do.
107. What crime was committed by Angel?
Slight Physical Injuries

Serious Physical Injuries
Less Serious Physical Injuries
Attempted Murder
Ans. A
108. Considering the nature of the offense committed by Angel, SPO1 Pus Khol
should –
File the case directly with the Court

Instruct Demon to file the matter first, before the Barangay
File the case before the prosecutor’s office
File the case himself before the Barangay Court
Ans. C
109. Assuming the result of the action of Angel was death, instead of mere physical
injuries to Demon, SPO1 Pus Khol should, in his investigation and report concentrate
and stress on:
Whether the Barangay Court has no jurisdiction over the case

Whether or not Demon was also drunk
Whether or not there was really no intent to kill
Whether or not Angel was drunk at that time
Ans. C
110. Assuming that Angel was drunk at the time that he committed the offense, his
drunkenness would be considered as:
Exempting circumstance
Aggravating circumstances
Mitigating circumstances
Alternative circumstances
Ans. D
111. Assuming that the action of Angel resulted to deformity (physical ugliness which is
visible) on the part of Demon, what crime is committed by Angel?
Slight Physical Injuries

Serious Physical Injuries
Less Serious Physical Injuries
Attempted Murder
Ans. B
112. Supposing the judge rendered an oral decision. It may be either be for conviction,
acquittal, or dismissal. The oral decision will never become final because –
It was not in writing

Not signed by the judge who render it
The judge can still change or modify it
All of the foregoing
Ans. D
Situation 4.
A with intent to kill B, shot the latter right in between his eyes who was
then at that time lying in his bed, not knowing that B is already dead due to heart attack
and before A shot him.
113. What crime is committed by A?
Homicide
Physical Injuries
Impossible crime
No criminal liability
Ans. C
114. What would be the penalty of A if any?
Arresto Menor or a fine ranging from 200 to 500 pesos

Arresto Mayor
Prision Correctional
No penalty would be given
Ans. A
1. Romina Mukhang Dragon, with evident premeditation and treachery killed

her father. What was the crime committed?
A. Murder
B. Parricide
C. Homicide
D. Qualified Homicide – B
2. Daniela Mukhang Dragon, with cruelty killed her brother. What was the
crime committed?
A. Murder
B. Parricide
C. Homicide
D. Qualified Homicide – A
3. Cassie Mukhang Dragon, poisoned her 72 days old son resulting to the
death of the latter. What was the crime committed?
A. Murder
B. Parricide
C. Homicide
D. Qualified Homicide – B
4. Marga Mukhang Dragon, killed her less than 72 days old nephew resulting
to the death of the latter. What was the crime committed?
A. Murder
B. Parricide
C. Homicide
D. Infanticide – D
5. Manang Esther with intent punched the pregnant Romina Mukhang Dragon
resulting to latter’s miscarriage. What was the crime committed?
A. Abortion
B. Parricide
C. Homicide
D. Qualified Homicide – A
2. SPO2 Dalisay entered the dwelling of Luciano against the latter’s will on suspicion that
Luciano keep prohibited drugs in his home. What was the crime committed by SPO2
Dalisay?
A. Trespass to Dwelling
B. Violation of Domicile
C. Usurpation Of Authority
D. Forcible Trespassing – B
2 Lorena, a private individual enters the dwelling of Maria Sawing Palad against the latter's
will. What was the crime committed by Lorena?
A. Trespass to Dwelling
B. Violation of Domicile
C. Usurpation Of Authority
D. Forcible Trespassing – A
3. Aladin and Jasmine had been married for more than 7 years. They live together with the
children of Jasmine from her first husband. Aladin had sexual relationship with Marga,
the 15 year old daughter of Jasmine. Marga loves Aladin so much. What was the crime
committed by Aladin, if any?
A. Simple Seduction
B. Qualified Seduction
C. Consented Abduction
D. Rape – B
4. Prof. Kulas gave a failing grade to one of his students, Carlos. When the two met the
following day, Carlos punched Prof. Kulas on the face. What was the crime committed
by Carlos?
A. Corruption of Public Officials
B. Direct Assault
C. Slight Physical Injuries
D. Grave Coercion - B
6. A warrant of arrest was issued against Mang Kanor for raping her tenant. When
P02 Juan tried to arrest him, Mang Kanor gaved him 3 thousand pesos to set him
free. P02 Juan accepted the money and refrained in arresting Mang Kanor. What
was the crime committed by P02 Juan?
A. Indirect Bribery
B. Direct Bribery
C. Corruption of Public Officials
D. Qualified Bribery – D
1. A warrant of arrest was issued against Mang Kanor for raping her tenant. When
P02 Juan tried to arrest him, Mang Kanor gaved him 3 thousand pesos to set him
free. P02 Juan accepted the money and refrained in arresting Mang Kanor. What
was the crime committed by Mang Kanor?
A. Indirect Bribery
B. Direct Bribery
C. Corruption of Public Officials
D. Qualified Bribery – C
6. Which of the following is the exemption to the hearsay rule made under the
consciousness of an impending death?
A. parol evidence
B. ante mortem statement
C. suicide note
D. dead man statute – D
7. Factum probans means __.

A. preponderance of evidence
B. ultimate fact
C. evidentiary fact
D. sufficiency of evidence - C
8. It refers to family history or descent transmitted from one generation to

another.
A. inheritance
B. heritage
C. pedigree
D. culture - C
9. The authority of the court to take cognisance of the case in the first instance.
A. Appellate Jurisdiction
B. General Jurisdiction
C. Original Jurisdiction
D. Exclusive Jurisdiction - C
10. A person designated by the court to assist destitute litigants.

A. Counsel de officio
B. Attorney on record
C. Attorney at law
D. Special counsel - A
11. Which of the following is not covered by the Rules on Summary Procedure?
A. Violation of rental laws
B. Violation of traffic laws
C. The penalty is more than six months of imprisonment
D. The penalty does not exceed six months imprisonment -C
12. It refers to a territorial unit where the power of the court is to be exercised.
A. jurisdiction
B. jurisprudence
C. venue
D. bench - C
13. The Anti-Bouncing Check Law.

A. RA 6425
B. RA 8353
C. BP.22
D. RA 6975 - C
14. The taking of another person’s personal property, with intent to gain, by means of force
and intimidation.
A. qualified theft
B. robbery
C. theft
D. malicious mischief - B
15. Felony committed when a person compels another by means of force, violence or
intimidation to do something against his will, whether right or wrong.
A. grave threat
B. grave coercion
C. direct assault
D. slander by deed - B
16. These are persons having no apparent means of subsistence but have the physical ability
to work and neglect to apply himself or herself to lawful calling.
A. Pimps
B. prostitutes
C. gang members
D. vagrants - D
17. A medley of discordant voices, a mock serenade of discordant noises designed to annoy
and insult.
A. Tumultuous
B. charivari
C. sedition
D. scandal - B
18. The unauthorized act of a public officer who compels another person to change his
residence.
A. violation of domicile
B. arbitrary detention
C. expulsion
D. direct assault - C
19. The deprivation of a private person of the liberty of another person without legal grounds.
A. illegal detention
C. forcible abduction
D. forcible detention - A
20. An offense committed by a married woman through carnal knowledge with a man not her
husband who knows her to be married, although the marriage can be later declared void.
A. concubinage
B. bigamy
C. adultery
D. immorality - C
21. Age of absolute irresponsibility in the commission of a crime.

A. 15-18 years old
B. 18-70 years old
C. 9 years old and below
D. between 9 and 15 years old - C
22. Those who, not being principals cooperate in the execution of the offense by previous or
simultaneous acts.
A. Accomplices
B. Suspects
C. principal actors
D. accessories - A
23. The loss or forfeiture of the right of the government to execute the final sentence after the
lapse of a certain time fixed by law.
A. prescription of crime
B. prescription of prosecution
C. prescription of judgement
D. prescription of penalty - D
24. A kind of executive clemency whereby the execution of penalty is suspended.

A. Pardon
B. commutation
C. amnesty
D. reprieve - D
25. Infractions of mere rules of convenience designed to secure a more orderly regulation of
the affairs of the society.
A. mala prohibita
B. mala in se
C. private crimes
D. public crimes - A
26. Felony committed by a public officer who agrees to commit an act in consideration of a gift
and this act is connected with the discharge of his public duties.
A. qualified bribery
B. direct bribery
C. estafa
D. indirect bribery - B
27. The wilful and corrupt assertion of falsehood under oath of affirmation, administered by
authority of law on a material matter.
A. libel
B. falsification
C. perjury
D. slander - C
28. Deliberate planning of act before execution.

A. Treachery
B. evident premeditation
C. ignominy
D. cruelty - B
29. Whenever more than 3 armed malefactors shall have acted together in the commission of
a crime.
A. gang
B. conspiracy
C. band
D. piracy - C
30. The failure to perform a positive duty which one is bound to.
A. Negligence
B. imprudence
C. omission
D. act - C
31. Ways and means are employed for the purpose of trapping and capturing the law breaker
in the execution of his criminal plan.
A. Misfeasance
B. entrapment
C. inducement
D. instigation - B
32. Those where the act committed is a crime but for reasons of public policy and sentiment
there is no penalty imposed.
A. impossible crimes
B. aggravating circumstances
C. absolutory causes
D. complex crimes - C
33. One of the following is an alternative circumstance.

A. Insanity
B. intoxication
C. passion or obfuscation
D. evident premeditation - B
34. If the accused refuse to plead, or make conditional plea of guilty, what shall be entered for
him?
A. a plea of not guilty
B. a plea of guilty
C. a plea of mercy
D. a plea of surrender - A
35. At what time may the accused move to quash the complaint or information?
A. at any time before his arrest
B. only after entering his plea
C. any time before entering his plea
D. Monday morning - C
36. The process whereby the accused and the prosecutor in a criminal case work out a
mutually satisfactory disposition on the case subject to court approval.
A. Arraignment
B. plea bargaining
C. preliminary investigation
D. trial - B
37. The security given for the release of a person in custody, furnished by him or a bondsman,
conditioned upon his appearance before any court as required under the conditions
specified by law.
A. Subpoena
B. recognizance
C. bail
D. warrant - C
38. The examination before a competent tribunal, according to the laws of the land, of the acts
in issue in a case, for the purpose of determining such issue.
A. Trial
B. Arraignment
C. pre-trial
D. judgment - A
39. The adjudication by the court that the accused i9s guilty or is not guilty of the offense
charged, and the imposition of the proper penalty and civil liability provided for by law on
the accused.
A. trial
B. Pre-trial
C. Arraignment
D. Judgment - D
40. It is an inquiry or proceeding for the purpose of determining whether there is sufficient
ground to engender a well founded belief that an offense has been committed and the
offender is probably guilty thereof and should be held for trial.
A. pre-trial
B. arraignment
D. plea bargaining - C
41. It is evidence of the same kind and to the same state of facts.
A. secondary evidence
B. prima facie evidence
C. corroborative evidence
D. best evidence - C
42. It is that which, standing alone, unexplained or uncontradicted is sufficient to maintain the
proposition affirmed.
B. prima facie evidence
C. corroborative evidence
D. best evidence - B
43. A form of evidence supplied by written instruments or derived from conventional symbols,
such as letters, by which ideas are represented on material substances.
A. documentary evidence
B. testimonial evidence
C. material evidence
D. real evidence - A
44. When the witness states that he did not see or know the occurrence of a fact.
A. positive evidence
B. corroborative evidence
C. secondary evidence
D. negative evidence - D
45. Personal property that can be subjects for search and seizure.
A. used or intended to be used as means in committing an offense
B. stolen or embezzled and other proceeds or fruits of the offense
C. subject of the offense
D. all of the above - D
46. All persons who can perceive and perceiving, can make known their perception to others.
A. Suspects
B. witnesses
C. victims
D. informers - B
47. The unlawful destruction or the bringing forth prematurely, of human fetus before the
natural time of birth which results in death.
A. abortion
B. infanticide
C. murder
D. parricide - A
48. Felony committed when a person is killed or wounded during the confusion attendant to a
quarrel among several persons not organized into groups and the parties responsible
cannot be ascertained.
A. alarm and scandal
B. mysterious homicide
C. death under exceptional circumstances
D. tumultuous affray - D
49. A question which arises in a case the resolution of which is the logical antecedent of the
issue involved in said case and the cognisance of which pertains to another tribunal.
A.legal question
B.juridical question
C.prejudicial question
D.judicial question - C
50. The offender has been previously punished for an offense to which the law attaches an
equal or greater penalty or two or more crimes to which it attaches a lighter penalty.
A.reiteracion
B.recidivism
C.quasi-recidivism
D.habitual delinquency - A
51. An act or omission which is a result of a misapprehension of facts that is voluntary but not
intentional.
A.impossible crime
B.mistake of facts
C.accidental crime
D.complex crime - B
52. Infanticide is committed by killing a child not more than….

A.36 hours
B.24 hours
C.48 hours
D.72 hours - D
53. Ignorance of the law excuses no one from compliance therewith.
A.ignorantia legis non excusat
B.parens patriae
C.res ipsa loquitur
D.dura lex sed lex - A
54. An act which would be an offense against persons or property if it was not for the inherent
impossibility of its accomplishment.
A. compound crime
B. impossible crime
C. complex crime
D. accidental crime - B
55. The law which reimposed the death penalty.

A. RA 5425
B. RA 8553
C. RA 7659
D. RA 8551 - C
56. One who is deprived completely of reason or discernment and freedom of the will at the
time of the commission of the crime.
A. discernment
B. insanity
C. epilepsy
D. imbecility - D
57. The quality by which an act may be subscribed to a person as its owner or author.
A. responsibility
B. duty
C. guilt
D. imputability - D
58. Something that happen outside the sway of our will, and although it comes about through
some acts of our will, lies beyond the bounds of humanly foreseeable consequences.
A. fortuitous event
B. fate
C. accident
D. destiny - C
59. A sworn written statement charging a person with an offense, subscribed by the offended
party, any peace officer or other public officer charged with the enforcement of the law
violated.
A. subpoena
B. information
C. complaint
D. writ - C
60. This right of the accused is founded on the principle of justice and is intended not to protect
the guilty but to prevent as far as human agencies can the conviction of an innocent
person.
A. right to due process of law
B. presumption of innocence
C. right to remain silent
D. right against self-incrimination - B
61. Known in other countries as the body of principles, practices, usages and rules of action
which are not recognized in our country.
A. penal laws
B. special laws
C. common laws
D. statutory laws - C
62. Circumstances wherein there is an absence in the agent of the crime any of all the
conditions that would make an act voluntary and hence, though there is no criminal liability
there is civil liability.
A. Exempting
B. alternative
C. justifying
D. aggravating - A
63. Circumstances wherein the acts of the person are in accordance with the law, and hence,
he incurs no criminal and civil liability.
A. exempting
B. alternative
C. justifying
D. aggravating - C
64. When the offender enjoys and delights in making his victim suffers slowly and gradually,
causing him unnecessary physical pain in the consummation of the criminal act.
A. Ignominy
B. cruelty
C. treachery
D. masochism - B
65. One, who at the time of his trial for one crime shall have been previously convicted by final
judgment of another crime embraced in the same title of the Revised Penal Code.
A. Recidivism
B. habitual delinquency
C. reiteracion
D. quasi-recidivism - A
66. Alevosia means

A. Craft
B. treachery
C. evident premeditation
D. cruelty - B
67. The law hears before it condemns, proceeds upon inquiry and render judgment after a fair
trial.
A. ex post facto law
B. equal protection of the law
C. rule of law
D. due process of law - D
68. A person if within a period of 10 years from the date of his release or last conviction of the
crime of serious or less serious physical injuries, robbery, theft, estafa or falsification, he
is found guilty of any of the said crimes a third time or oftener.
A. Recidivist
B. quasi-recidivist
C. habitual delinquent
D. hardened criminal - C
69. A kind of evidence which cannot be rebutted or overcome.

A. Primary
B. Best
C. Secondary
D. Conclusive - D
70. A kind of evidence which cannot be rebutted or overcome.

A. Primary
B. Best
C. Secondary
D. Conclusive - D
71. These questions suggest to the witness the answers to which an examining party requires.
A. leading
B. misleading
C. stupid
D. hearsay - A
72. A method fixed by law for the apprehension and prosecution of persons alleged to have
committed a crime, and for their punishment in case of conviction.
A. Criminal Law
B. Criminal Evidence
C. Criminal Procedure
D. Criminal Jurisprudence - C
73. The period of prescription of crimes punishable by death.

A. 20 years
B. 15 years
C. 10 years
D. 40 years - A
74. Persons who take direct part in the execution of a crime.

A. Accomplices
B. Accessories
C. Instigators
D. Principals - D
75. A crime against honor which is committed by performing any act which casts dishonor,
discredit, or contempt upon another person.
A. libel
B. slander by deed
C. incriminating innocent person
D. intriguing against honor - B
76. The improper performance of some act which might lawfully be done.
A. misfeasance
B. malfeasance
C. nonfeasance
D. dereliction - B
77. A sworn statement in writing, made upon oath before an authorized magistrate or officer.
A. subpoena
B. writ
C. warrant
D. affidavit - D
78. Any other name which a person publicly applies to himself without authority of law.
A. alias
B. common name
C. fictitious name
D. screen name - C
79. A special aggravating circumstance where a person, after having been convicted by final
judgment, shall commit a new felony before beginning to serve such sentence, or while
serving the same.
A. quasi-recidivism
B. recidivism
C. reiteracion
D. charivari - A
80. Which of the following is not a person in authority?

A. Municipal mayor
B. Private School Teacher
C. Police Officer
D. Municipal Councilor - C
81. In its general sense, it is the raising of commotions or disturbances in the State.
A. Sedition
B. Rebellion
C. Treason
D. Coup d’ etat - A
82. The length of validity of a search warrant from its date.

A. 30 days
B. 15 days
C. 10 days
D. 60 days - C
83. The detention of a person without legal grounds by a public officer or employee.
A. illegal detention
C. compulsory detention
D. unauthorized detention - B
84. A breach of allegiance to a government, committed by a person who owes allegiance to
it.
A. treason
B. espionage
C. rebellion
D. coup d’ etat - A
85. A building or structure, exclusively used for rest and comfort.

A. sanctuary
B. prison
C. jail
D. dwelling - D
86. The mental capacity to understand the difference between right and wrong.
A. treachery
B. premeditation
C. recidivism
D. discernment - D
87. Conspiracy to commit this felony is punishable under the law.

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

A. Aberratio Ictus
B. Error in Personae
C. Dura lex sed lex
D. Praeter Intentionem - A
90. A stage of execution when all the elements necessary for its execution and
accomplishment are present.
A. Attempted
B. Frustrated
C. Consummated
D. Accomplished - C
91. An act or omission which is the result of a misapprehension of facts that is voluntary but
not intentional.
A. Absolutory Cause
B. Mistake of facts
C. Conspiracy
D. Felony - B
92. Crimes that have three stages of execution.

A. Material
B. Formal
C. Seasonal
D. Continuing - A
93. Felonies where the acts or omissions of the offender are malicious.
A. Culpable
B. Intentional
C. Deliberate
D. Inculpable - B
94. It indicates deficiency of perception.

A. Negligence
B. Diligence
C. Imprudence
D. Inference - A
95. Acts and omissions punishable by special penal laws.

A. Offenses
B. Misdemeanours
C. Felonies
D. Ordinances - A
96. A character of Criminal Law, making it binding upon all persons who live or sojourn in the
Philippines.
A. General
B. Territorial
C. Prospective
D. Retroactive - A
97. A legislative act which inflicts punishment without judicial trial.

A. Bill of Attainder
B. Bill of Rights
C. Ex Post Facto Law
D. Penal Law - A
98. The taking of a person into custody in order that he may be bound to answer for the
commission of an offense.
A. Search
B. Seizure
C. Arrest
D. Detention - C
99. Pedro stole the cow of Juan. What was the crime committed?
A. Robbery
B. Farm Theft
C. Qualified Theft
D. Simple Theft - C
100.Pedro, a 19 year old man had sexual intercourse with her 11 year old girlfriend without
threat, force or intimidation. What was the crime committed?
A. Child rape
B. Qualified Rape
C. Statutory Rape
D. None of these - C
1. A kind of evidence which shows that a best evidence existed as to the proof
of the fact is in question
A. Real Evidence
B. Secondary Evidence
C. Best Evidence
D. Res gestae
B
2. What crime exists when a single act constitutes two or more grave or less
grave felonies or when an offense is a necessary means for committing the other?
A. Complex
B. Composite
C. Continuing
D. compound
A
3. What must be considered in determining whether the crime committed is
only attempted, frustrated or consummated?
A. All of these
B. The elements constituting the felony
C. The nature of the offense
D. The manner of committing the felony
A
4. A person who gives testimonial evidence to a judiciary tribunal
A. Witness
B. Defense
C. Prosecution
D. Clerk of Court
A
5. What crime can be charged of one who retains a minor in his service against
the minor’s will and under the pretext of reimbursing himself of a debt incurred by
the child/s parents?
A. white slavery
B. exploitation of child labor
C. inducing a minor
D. kidnapping B
6. A, a notary public, issued a supposed copy of a deed of sale, when in fact
no such deed oæ sale was prepared by him. A is liable for
A. Estafa
B. falsification
C. Forgery
D. All of these
A
7. Refers to family history or descent transmitted from one generation to
another
A. Pedigree
B. Inheritance
C. Tradition •Heritage
A
8. What kind of presumption involves the mental process by which the
existence of one fact is inferred from proof of some other facts?
A. Conclusive
B. of"law
C. Disputable
D. of fact
C
9. During the pendency of his criminal case, A died due to heart attack. His
untimely death resulted in
A. termination of proceedings
B. suspension of the case
C. postponement of the case
D. dismissal of the case for lack of respondent
D
10. How may an ordinary citizen give his opinion regarding the handwriting of a person?
A. when he has to testify only as to the mental and emotional state of the one who authored
the handwriting
B. when it is the handwriting of one whom he has sufficient familiarity
C. when he is a questioned document examiner
D. when he is a graduate of criminology
B
11. Obligations imposed upon a party to establish their alleged fact by proof are termed as
"burden of proof" what is its Latin translation?
A. Factum probans
B. Factum probandum
C. Owe probandi
D. Owes probandi
D
12. 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. no,she is incompetent as a witness

D. yes, because crime charge is one committed by the wife
B
13. Logical necessity which resists upon a party at any particular time during the trail to create
a prima facie case in his own favor or to overthrow one created against him.
A. Res gestae
B. Burden of Evidence
C. Burden of Proof
D. Estoppel
B
14. A is a supply officer of a municipality. He entered into an agreement with B. to supply the
municipality with some office forms at a price grossly disadvantageous to the municipality.
The agreement was that part of the purchase price must be given to A. The transaction
did not materialize. A may be liable for
A. attempted estafa
B. frustrated estafa
C. attempted fraud
D. consummated fraud
D
15. The probative value or credit given by the court to a particular evidence
A. Preponderance of evidence
B. Evidentiary fact
C. Ultimate Fact
D. Weight of Evidence
D
16. Which among the following may disqualify a witness
A. Capacity of observation
B. Capacity of recollection
C. Capacity of Knowledge
D. Capacity of communication
C
17. That kind of evidence which can not be rebutted or overcome
A. Primary
B. Real
C. Best
D. Conclusive
D
18. Which in the following enumeration is an example of an afflictive penalty?

A. Fine
B. arresto mayor
C. prison mayor
D. destierro
C
19. A detained prisoner is allowed to eat and drink in a nearby restaurant on several
occasions. He is, however, well-guarded at all times. The warden allowed him to go out
of his cell without any consideration whatsoever. The warden may be charged with
A. negligence of duty
B. leniency or laxity
C. dereliction of duty
D. infidelity
D
20. Cognizance of certain facts which judges may properly take as fact because they are
already known to him
A. Cognizance
B. Judicial Admission
C. Judicial Knowledge
D. Judicial Notice
D
21. What if the offended party is a corporation, how do you indicate it in the complaint or
information?
A. state the name of the corporation
B. leave it blank as error is merely clerical and can be corrected during trial
C. aver it in the charge sheet
D. aver that it is legally organized pursuant to SEC rules
A
22. Exemption to the hearsay rule made under the consciousness of an impending death.
A. Parole Evidence
B. Ante-mortem statement
C. Dean man statute
D. Post mortem statement
B
23. What crime is committed against mankind, and whose jurisdiction consequently
recognizes no territorial limits?
A. Piracy
B. Felonies
C. Theft
D. Suicide
A
24. Heads of State or Ambassadors can NOT be held criminally liable in another state or place
of assignment under the principles of international law. This is an EXCEPTION to the
general characteristic of Criminal Law which is
A. Prospectivity
B. Generality
C. Territoriality
D. Immunity
B
25. Refers generally to acts made criminal by special laws
A. Felony
B. Mala Inse
C. Mala Incest
D. Mala prohibita
D
26. When several persons are co-accused for a crime committed, what is that requirement
that must be satisfied in order that one or more of those accused can qualify as state
witness?
A. he appears to be the least guilty
B. he does not appear to be the most guilty
C. not more than two accused can be state witness
D. he seems to be not guilty
A
27. Ignorantia Facti Excusat means:
A. Ignorance of the law
B. Mistake of facts
C. Mistake of the blow
D. Mistake in identity
A
28. Under this Rule, crimes are not triable in the courts of that country, unless their
commission affects the peace and security of the territory or the safety of the state is
endangered.
A. French Rule
B. Spanish Rule
C. American Rule
D. English Rule
A
29. What should the court do when the offense is less serious physical injuries and the offense
proved is serious physical injuries and the defendant may be convicted only of the offense
as charged?
A. do not dismiss the action
B. do not dismiss the action but should order the filing of a new information
C. dismiss the action
D. stay with the action and decide accordingly to avoid double jeopardy
B
30. When the law attaches capital punishment or afflictive penalties the felony is said to be
A. Grave
B. Light
C. Less grave
D. Serious
A
31. When is evidence presented in court for admissibility considered relevant to the issue?
A. when it is not excluded by the rules
B. when it has direct bearing and actual connection to the facts and issue
C. when it is not repugnant in taste
D. when it is not immoral
B
32. Infractions to the law punishable by Aresto Menor or a fine not exceeding 200 pesos or
both.
A. Grave
B. Light
C. Less grave
D. Serious
B
33. What circumstance can be considered aggravating with the slaying of an 80 year old
woman?
A. abuse of confidence
B. disregard of age and sex
C. neglect of elders
D. disrespect of rank
B
34. Acts of a person which are said to be in accordance with the law, so that such person is
deemed not to have transgressed the law and is free from both criminal and civil liability.
A. Justifying circumstances
B. Mitigating Circumstance
C. Exempting circumstances
D. Aggravating circumstances
A
35. The rule on summary procedure applies to criminal cases where the penalty prescribed
by the law for the offense charged does not exceed
A. 3 years
B. six years
C. 6 months imprisonment
D. 4 years and 2 months
C
36. In case of oral defamation, where the priest is the only available witness, can a priest
testify as to the alleged defamatory words given to him by the accused during confession?
A. privilege given by a patient to a doctor
B. privilege given to a husband to a wife
C. privilege communication given to an attorney by a client
D. privilege communication given by a penitent to a priest
D
37. An aggravating circumstance which generally apply to all crimes such as dwelling, night
time or recidivism.
A. Generic
B. Specific
C. Qualifying
D. Inherent
A
38. Who are criminally liable, when having knowledge of the commission of the crime, without
having principally participated therein, takes part subsequent to the commission, either in
profiting by the effects of the crime or by concealing or destroying the body of the crime?
A. Witnesses
B. Accessories
C. Principals
D. Accomplices
B
39. They are aggravating circumstance which change the nature of the crime, e.i. homicide to
murder in case of treachery
A. Generic
B. Specific
C. Qualifying
D. Inherent
C
40. Which of the following aggravating circumstances may not be offset by mitigating
circumstances?
A. Treachery
B. Night time
C. Ignominy
D. Taking advantage of superior strength
A
41. What are the infractions of mere rules of convenience designed to secure a more orderly
regulation of the affairs of society?
A. Mala prohibita
B. Felonies
C. Violation of ordinance
D. Mala in se
B
42. What doctrine allows evidence obtained by police officers in an illegal search and seizure
to be used against the accused?
A. Silver platter
B. Exclusionary doctrine
C. Fruit of the poisonous tree
D. Miranda ruling
A
43. Mr. Santos went to the United States. While he was there, he courted Ms. Jane an
American. They eventually got married. When Mr. Santos returned to the Philippines his
wife, Alona filed an action against him for violating their marriage. What is the liability of
Mr. Santos, if any?
A. None of these
B. Adultery
C. Concubinage
D. Bigamy
D
44. What is the liability of the jail guard if the evasion of a prisoner should take place through
his negligence?
A. delivering prisoners from jails
B. evasion through negligence
C. reckless imprudence
D. conniving with or consenting to evasion
B
45. A treasury warrant was payable to A or his representative. B took possession of the
warrant, wrote the name of A, endorsed it at the back and was able to encash it. B is
liable for
A. Estafa
B. all of these
C. falsification
D. forgery
B
46. A person who has within a period of 10 years from the date of release or last conviction
is said to have been found guilty of the same offense particularly those of physical injuries,
estafa, theft and robbery is considered as a:
A. recidivist
B. habitual Delinquent
C. delinquent
D. quasi-recidvist
B
47. What is the means sanctioned by the rules of ascertaining in a judicial proceeding the truth
respecting a matter of fact?
A. Evidence
B. Procedure
C. Investigation
D. Trial
A
48. Whenever more than three armed malefactors shall have acted together in the
commission of an offense it is deemed to have been committed by:
A. Group
B. Band
C. Brigands
D. Team
B
49. What is that statement made by a wounded person shortly after he received several bolo
stabs narrating therein the whole incident to another which is admissible in evidence as
part of
A. res nullus
B. res ipsa loquitur
C. res judicata
D. res gestae
D
50. A, B, C are boardmates of D. A, B and C conspire to kill X, a witch, because he is perceived
to cause misery among many in the barangay. D knew about it all along. After the
conspiracy but made no move to report to the authorities. In this case, D
A. is liable for murder
B. is an accessory to the crime
C. is a conspirator
D. incurs no criminal liability
C
51. “Aberratio ictus” in which the perpetrator is criminally liable means
A. mistaken identity
B. mistake in the blow
C. results are less than intended
D. result is greater than intended
A
52. What acts punishable by law are either intended to directly impute to an innocent person
the commission of crime or which are calculated to blemish the honor or reputation of a
person by means of intrigue?
A. oral defamation
B. blackmail
C. slander
D. incriminatory machinations
D
53. A, with intent to kill, fired a revolver at B. He inflicted a fatal wound. A brought B to a
hospital, and due to timely medical assistance, B survived. What crime did A commit?
A. physical injuries
B. attempted felony
C. frustrated felony
D. no criminal liability
C
54. Breach of allegiance to a government, committed by a person who owes allegiance to it.
A. Treason
B. Adherence to the enemy
C. Espionage
D. Levying war
A
55. What is the order in writing issued in the name of the People of the Philippines, signed by
a judge and directed to a peace officer commanding him to search for personal property
described therein and bring it before the court?
A. warrant of arrest
B. Search warrant
C. Subpoena
D. Summons
B
56. It requires the concurrence of two things, that there being an actual assembly of men and
for such purpose of executing a treasonable design by force
A. Aid or comfort
B. Adherence to the enemy
C. Levying war
D. All of the foregoing
C
57. Under the new Constitution, who is empowered to order or change the venue or place of
trial in order to avoid miscarriage of justice?
A. executive judge
B. supreme court
C. regional trial courts
D. regional state prosecutor
B
58. What rule is observed when generally, there can be no evidence of a writing, the contents
of which is the subject matter of inquiry
B. parole evidence
C. corollary evidence
D. best evidence
A
59. What kind of executive clemency wipes away the guilt of the convicted person, subject to
the three limitations to be executed by the President?
A. Pardon
B. Amnesty
C. Reprieve
D. penalty
A
60. A person having knowledge of the plans to commit treason and fails to disclose such
information to the governor, fiscal or mayor is guilty of what crime?
A. Treason
B. Conspiracy to commit treason
C. Espionage
D. Misprision of Treason
D
61. What crime is committed when the offender, acting under a single criminal resolution,
commits a series of acts in the same place at about the same penal provision?
A. Composite
B. Compound
C. Continuing
D. complex
C
62. In what instance can alibi (the weakest defense) 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 accused committed the offense is clear
B
63. It is a forcible depredation on the high seas without lawful authority and done with animo
furandi and in the spirit and intention of universal hostility
A. Mutiny
B. Piracy
C. Espionage
D. Sedition
B
64. What is that rule where an offended party may intervene in the proceeding personally or
through a counsel?
A. Miranda Rule
B. rule of facilitation
C. rule of intervention
D. rule of reservation
A
65. Refers to resistance to a superior officer, or the raising of commotions and disturbance on
board a ship against authority of the commander
A. Mutiny
B. Piracy
C. Espionage
D. Sedition
A
66. What kind of motion may be availed of anytime before arraignment?

A. motion to dismiss
B. motion for review
C. motion for reconsideration
D. motion to quash
C
67. Which among the following instances is an example of a qualifying circumstance to a crime
of murder?
A. Recidivism
B. Insanity
C. Treachery
D. Intoxication
C
68. What would be the nature of action for a person over nine years of age and under fifteen
to incur criminal liability?
A. act with discernment
B. act carelessly or negligently
C. show criminal intent
D. show malice
A
69. Who is a person in authority among the following:
A. Policeman
B. MMDA enforcer
C. barangay captain
D. barangay tanod
A
70. What kind of aggravating circumstance is present when a person commits any of the
crimes against person, employing such means, methods or forms in the execution thereof
which tend specially to ensure its execution without risk to himself arising from the
defense which the offended partly might make?
A. capital punishment
B. complex crime
C. continuous offense
D. civil interdiction
A
71. A is known for writing obscene material. One of his writings, entitled “Hayop”, was stolen
from his office and was published by someone. The authorities got hold of the obscene
magazine. A is
A. not liable at all
B. liable for obscene publication (as co-publisher)
C. liable for pornography
D. liable for the obscene publications (as author)
A
72. What should be done in cases of offenses against property where the name of the
offended party is unknown?
A. court must cause the true name to be inserted
B. what is pivotal is the name and description of the offender
C. the police must label the property in a way that will distinguish it from others
D. describe the property subject matter with such particularity as to properly
identify, the particular offense charged
D
73. How should the plea to a complaint or information be made by the accused?
A. personally, in open court and of the record
B. by the approval of the court and upon written request by the accused
C. through counsel in open court and on the record
D. personally by written motion
B
Situation 1 – A and B are neighbors. During a drinking spree, A punched B without
any provocation. B’s injury required medical attendance for a period of seven (7) days.
Immediately thereafter SP01 T. Anga whose help was sought by B, took the statement of
B and did not know what to do.
74. What crime was committed by A?

A. slight physical injury
B. serious physical injuries
C. ill treatment
D. less serious physical injury
B
75. Considering the nature of the offense committed by A, SP01 T. Anga should:
A. file the case directly with the court
B. instruct B to file the matter first before the barangay C
C. file the case before the prosecutor’s office
D. file the case himself before the barangay court
C
76. Assuming that the result of the action of A was death, instead of mere physical injuries
against B, SP01 T. Anga should, in his investigation and report concentrate and stress
on:
A. whether or not A was drunk at the time
B. the Barangay Court has no jurisdiction over the case
C. whether or not B was also drunk
D. None of the above
C
77. Assuming that A was drunk at the time that he committed the offense, his drunkenness
would be considered as:
A. mitigating circumstance
B. aggravating circumstance
C. exempting circumstance
D. alternative circumstance
D
Situation 2 – A and B who are brother-in-laws, are also mortal enemies. One time,
A threatened to kill B. A has a common reputation of being a killer. One night in a lighted
place, A suddenly stabbed B from behind. Before A could escape, B was able to identify
him. As B lay wounded, SP01 Mahabagin responded and to whom B pointed to A as the
one who attacked him. SP01 arrested B on the basis of such declaration.
78. Based on situation # 2, which of the following best describes the statement of A?
A. Circumstantial
B. Corroborative
C. Hearsay
D. Direct
C
79. What crime was committed by A that night time of the stabbing?
A. Parricide
B. Grave threats
C. Homicide
D. Murder
A
80. Assuming that B was dying at the time that he informed SP01 Mahabagin of the identity
of his notorious assailant and believing that he was dying at the time, but he did not
actually die, what basis could be used to establish the identify of A?
A. Common reputation
B. res gestae
a. dying declaration
b. declaration against interest
B
81. In the foregoing case, B’s statement identifying A as his assailant may not be considered
a dying declaration because:
A. B’s death is indispensable
B. The declaration was not written
C. No mention was made that B’s wound was fatal
D. B has a grudge against A
Situation 3 – During custodial investigation at the Central Police District in Quezon

City, “A” was informed of his constitutional right, to remain silent and to have competent
and independent counsel. He decided to waive his right to counsel and proceed to make
a statement admitting commission of a robbery.
82. A’s statement is inadmissible in evidence against him because
A. The right to remain silent and to counsel cannot be waived
B. it was not made in the presence of the counsel
C. The waiver was not made in writing and in the presence of the counsel
D. It was not made in writing
A
83. Assuming that all conditions in the waiver were properly observed except the right to
counsel which was waived because A could not afford the service of one, A’s statement
will be
A. Admissible because A was informed of his right to counsel but he could not afford to hire
one
B. Inadmissible because A must be provided with counsel free of charge
C. admissible because A did not insist on his right to counsel and he voluntarily waived it
D. admissible in evidence against him because all the conditions were present in the
waiver
A
84. Assuming that the public persecutor on the basis of the now written confession of A, who
waived his right of counsel because he could not afford one, filed the information against
him and the judge after trial, convicted A on the basis of his written confession. A would
like to appeal his case to a higher court. The appeal should be filed -
A. with 30 days from the time A’s counsel de oficio who was absent of the time of the
promulgation received a written copy of the judgment of conviction.
B. within 30 days from the date the case was submitted for resolution
C. within 15 days from the promulgation of judgment
D. within 15 days from the date of pre-trial conference
A
85. Assuming that A’s appeal was filed 30 days after his counsel de oficio learned of the
judgment, the appeal should
A. Not be given due course, because the judgment which were rendered after trial was
obviously correct anyway
B. be given due course because it was filed within the reglamentary period
C. not be given due course because the confession was really inadmissible against A and
the judgment of conviction must be reversed
D. None of these
A
86. The Judiciary Reorganization Act of 1980 (BP Blg 129) took effect on
A. January 17, 1983
B. August 1, 1983
C. January 1, 1983
D. December 1, 1980
D
87. Criminal jurisdiction over the subject matter shall be determined by the
A. law enforced at the time of the commission of the offense
B. law enforced at the time of trial
C. law enforced at the time of the institution/filing of the offense
D. law enforced at the time of the discovery of the offense
A
88. Criminal procedure is a
A. substantive law
B. constitutional law
C. administrative law
D. procedural or remedial law
D
89. The stage of a judicial proceeding whereby the accused shall be informed of the nature
and cause of the accusation against him, in compliance of the mandate of the consultation
and the rules and in order to fix the identity of the accused is
A. criminal investigation
B. pre-trial conference
D. arraignment and plea
D
90. Defined as the taking of a person into custody in order that he may be bound to answer
for the commission of an offense
A. None of these
B. Custody
C. Detention or imprisonment
D. Investigation
A
91. Under the law, the warrant of arrest shall remain valid unless
A. after the lapse of ten days from its issuance
B. it is served or lifted
C. after the lapse of the period for the police to execute the same
D. after the lapse of the period for the police to make his report
A
92. The procedure which allows the affidavit or counter-affidavit of the parties or their
witnesses to constitute as their direct oral testimony in the case, subject however to cross
examination
A. Revised Rule on Summary Procedure
B. Revised Rules on Criminal Procedure
C. Revised Rules on Evidence
D. Revised Penal Code
A
93. The right of an accused to bail is a matter of right in those cases -
A. falling within the jurisdiction of the RTC before or after conviction, except capital offenses
B. falling within the jurisdiction of the MTC before or after conviction
C. falling within the jurisdiction of the RTC where the penalty for the offense does not exceed
twenty years imprisonment
D. all of these
A
94. Preliminary investigation is required in those criminal cases where the penalty provided
by law for the offense charged is
A. over 6 years imprisonment regardless of the amount of fine
B. exceeding 6 years imprisonment irrespective of the amount of fine
C. at least 4 years, 2 months and 1 day of imprisonment irrespective of the amount of fine
D. not exceeding 6 years imprisonment irrespective of the amount of fine
C
95. Violation of City or municipal ordinance are within the
A. concurrent jurisdiction of the RTC and MTC
B. exclusive original jurisdiction of the RTC
C. exclusive jurisdiction of the Family Court
D. exclusive original jurisdiction of the MTC
D
96. The process of adjudication of disputes in barangay level whereby the Punong Barangay
or the Pangkat members shall endeavor to convince or encourage the parties to settle
their dispute amicably.
A. Arbitration
B. Confrontation
C. Compromise
D. Mediation/conciliation
D
97. The power or authority of a court to try, hear and decide a class of criminal case brought
before it
A. criminal jurisprudence
B. criminal jurisdiction
C. criminal procedure
D. criminal due process of law
B
98. If no criminal action has yet been instituted, a motion to quash a search warrant and/or
suppress evidence obtained thereby by the police shall be filed in and resolve by the
A. court which has jurisdiction over the place where the offense was committed
B. court that issued the search warrant
C. court where the suspects reside
D. court within the judicial region of the place where the crime was committed
B
99. The personnel of a court who shall take charge of the business of the court, supervises all
the other staff of the court or the alter ego of the judge in all official businesses of the
court in his absence.
A. court interpreter
B. clerk of court
C. legal researcher
D. personal secretary of judge
B
100. The law providing the rights of person arrested, detained or under custodial investigation
is
A. RA No 7691
B. RA No 8493
C. RA No 7438
D. RA No 7659
C
1. It is a provisional remedy issued upon an order of the court where an action is
pending to be levied upon the
property of the defendant, the same can be held thereafter by the sheriff as security
for the satisfaction of whatever
judgment might be secured in said action by the attaching creditor against the
defendant.
A. Preliminary Injunction C. Preliminary Attachment
B. Motion for Prohibition D. Judgment
2. The provision remedies, in so far as there are applicable, may be availed of in
connection with the civil action
deemed instituted in _________________ .
A. Civil Case C. Administrative Action
B. Criminal Action D. Remedial Action
3. When the civil action is properly instituted in the criminal action, the offended party
may have the property of the
accused attached as security for the satisfaction of any judgment that may be
recovered from the accused in the
following cases:
A. When the accused is about to leave from the Philippines
B. When the accused has concealed, removed or disposed of his property or
is about to do so.
C. When the accused is out on bail.
D. When the criminal action is based on a claim for money or property
embezzled or fraudulently misapplied
or converted to the use of the accused who is a public officer, officer of a
corporation, attorney de facto,
broker or agent or clerk in the course of his employment as such.
4. This doctrine means that an unlawful search taints not only the evidence obtained
there at but also facts discovered
by reason of unlawful search.
A. Proof beyond reasonable doubt. C. Fruits of the poisonous tree.
B. Burden of proof D. Border Search
5. This rule commands that evidence obtained by an unreasonable search and seizure
is excluded from evidence.
A. Consented warrantless Search C. Exclusionary Rule
B. Stop and frisk on Terry search. D. Inspection Search
6. The filing of the petition for __________is considered a waiver of the accused’s right
to appeal, makes his
conviction final the moment he files said application.
A. New Trial C. Motion for Reconsideration
B. Probation D. Appeal
7. It is a ground for new trial except:
A. Error of Law
B. Irregularities prejudicial to the substantial rights of the accused have been
committed during the trial.
C. Failure to conduct preliminary Investigation
D. Newly discovered evidence has been discovered which accused could not
with reasonable diligent have
discovered and produced at the trial and submitted would probably changed
the judgment.
8. It is a motion which can interrupt the running of the fifteen (15) day period to perfect
an appeal.
A. Motion for new trial C. Motion for Reconsideration
B. Motion in Quash D. Motion for probation
9. How long is given to the accused to make his appeal before the judgment will
become final and executor?
A. 30 days C. 15 days
B. 45 days D. 20 days
10. Who may appeal?
A. Only the accused C. Any party
B. Only the complainant D. The prosecutor
11. In cases divided by the Metropolitan Trial Court, where should the appeal be filed?
A. To the court of Appeals C. To the Supreme Court
B. To the Regional Trial Court D. To the Municipal Trial Court
12. It is a ground for new trial except:
A. Errors of law
B. Irregularities prejudicial to the substantial rights of the accused have been
committed during the trial.
C. New and material evidence has been discovered which the accused
could not with reasonable diligence
have discovered and produced at the trial and which if introduced and
admitted would probably change the
judgment
D. minority of the accused
13. It may be granted by the court where the incompetency of the counsel for the
defense is so great that the defendant was
prejudicial and prevented from fairly presenting his defense.
A. New Trial C. Dismissal of the case
B. Reconsideration D. Judgment
14. Requisites of newly discovered evidence to be a valid ground for new trial, except:
A. The evidence was discovered after the trial
B. Such evidence could not have been discovered and produced at the trial
even with existence of reasonable diligence.
C. The evidence violates the Principle of Double Jeopardy.
D. The evidence must go to the merits and not rest on merely a technical
defense.
15. It is a motion which may be filed after judgment but within period for perfecting an
appeal.
A. Motion for reconsideration C. Motion for new trial
B. Motion to Quash D. Motion to file an appeal
16. It is a motion which may be presented only after either or both parties have
formally offered and closed their evidence, but
before judgment.
A. Motion to re-open trial C. Motion for reconsideration
B. Motion to file an appeal D. Motion to Quash
17. In all cases, when the court grants new trial, what happens to the original
judgment?
A. The judgment is set aside or vacated C. The judgment become final
and executory
B. The judgment is retained D. The judgment may be
appealed
18. When a new trial is granted on the ground of newly discovered evidence, what
happen to the original evidence already
presented?
A. The evidence already presented remains C. The evidence
already presented will be set aside
B. The evidence already presented will be discard D. The evidence
already presented will not be given weight.
19. When criminal actions are brought to the Court of Appeals or to the supreme court,
who must represent the people of the
Philippines.
A. Public of the Philippines
B. The private prosecutor with the conformity of the Assistant Provincial
Prosecutor
C. The judge
D. The Solicitor General
20. In cases decided by the Metropolitan Trial Court, Where should the appeal be
filed?
A. Regional Trial Court C. To the Supreme Court
B. To the Court of Appeals D. to the Municipal Circuit Court
21. In cases decided by the court of Appeal where should the appeal be filed.
A. To the Supreme Court C. To the Solicitor General
B. To the Sandigan Bayan D. To the Court of Appeals
itself
22. If the criminal case is dismissed by the court, or there is acquittal, can the
complainant or the offended party make an appeal.
A. No, because it is only the accused who can appeal in case of conviction.
B. No, the offended party or complainant cannot appeal the criminal aspect of
the case.
C. Yes,the complainant or offended party may appeal the civil aspect of the
case only.
D. Yes, the complainant and the accused are both given by law the right to
appeal either the criminal aspect or civil
aspect of the case.
23. What is the remedy of the accused in case a final judgment of conviction was
rendered by the court?
A. File an appeal C. File a motion to Quash
the information
B. File a motion to set aside judgment D. File a motion for new trial
24. Who may appeal from a judgment or final order of the court?
A. Prosecution only C. Any Party
B. Defense only D. The judge
25. For purposes of determining appellate jurisdiction in criminal cases is the
__________of the penalty is taken account
A. Minimum of the penalty C. Maximum of the penalty
B. Medium of the penalty D. None of the above
26. When can a final judgment becomes final?
A. Upon the expiration of the period to appeal therefrom if no appeal has
been duly perfected.
B. Upon the expiration of the period of 30 days
C. Upon the expiration of the period of 10 days
D. Upon the expiration of the period of 20 days
27. Pedro was sentence to suffer five years imprisonment by final judgment. Before the
period of appeal lapsed, Pedro escaped.
Can he appeal his case?
A. Yes, because his right to appeal is provided in our constitution
B. Yes, because he opted to file an appeal because the period of appeal had
not yet lapses
C. No, because he escaped; hence, he waived his right to appeal
D. Yes, his right to appeal is mandatory right.
28. The appeal to the Court of Appeal in cases decided by the Regional Trial Court in
the exercise of its appellate jurisdiction shall
be by ____________
A. Petition by Motion for Reconsideration C. Petition to re-open the trial

B. Petition for new trial D. Petition for review
29. How should be the service of the notice of appeal be secured if it cannot be made
upon the adverse party or his counsel.
A. By e-mail service C. By registered mail service
B. By telephone service D. By telegraph service
30. When is an appeal be taken?
A. Within fifteen (15) days from promulgation of the judgment
B. Within five (5) days from promulgation of the judgment
C. Within Thirty (30) days from promulgation of the judgment
D. Within twenty (20) days from promulgation of the judgment
31. Pedro is the complainant against Berto in a criminal case. Berto was convicted and
the judgment was promulgated. Before the
judgment became final the complainant filed an appeal. Does Pedro have the right
to appeal in a criminal case.
A. No, only the accused/convicted accused can appeal
B. Yes, the complainant can appeal on the civil aspect only of the case.
C. No, because he is the complainant, not the accused.
D. No, because such appeal made by the complainant will place the accused
in double jeopardy.
32. Mario was convicted on the complaint of Noel for homicide. Mario was sentenced to
four years and six months and one day.
Noel the complainant appealed on the ground that the penalty imposed was not
proper. And Noel prayed that it be
increased.Was the appeal of Mario Proper?
A. Yes, because he has also the right to appeal even if he is the complainant.
B. Yes, because the penalty imposed is really not proper.
C. No, the appeal of Noel would constitute a violation on the right of the
accused for it will fall under Double jeopardy.
D. Yes, because under the law, Rule 122, Sec.1, provides that any party
may appeal from a judgment or final order.
33. John was convicted by final judgment for the crime of murder. He was sentenced
with an imprisonment of Reclusion
Perpetua. He did not appeal. The judgment became final and executor. The
Supreme Court by its own power (motu propio)
reviewed the judgment. Is the Supreme Court correct?
A. No, because John did not appeal his judgment
B. No, because the proper person in interest (John) no longer wants to
appeal his case.
C. Yes, the Supreme Court has the power to review judgment with maximum
penalty of Reclusion Perpetua,
automatically.
D. No, it is only the accused who can appeal his case.
34. When may the period for perfecting an appeal shall be suspended?
A. From the time a motion to re-open the trial is filed
B. From the time a motion for reconsideration is filed
C. From a time a motion to Quash the information is filed.
D. From the time a motion to dismiss is filed.
35. The world “Promulgation” refers to ___________.
A. Case Record C. Order
B. Judgment D. Trial
36. The word “ Notice” refers to ___________.
A. Judgment C. Trial
B. Case Record D. Order
37. Within how many days should the clerk of court with whom the notice of appeal was
filed must transmit to the clerk of court
of the appellate court the complete record of the case together with the said
notice.
A. Ten days C. Five days
B. Fifteen days D. Twelve days
38. In all cases where the death penalty is imposed by the Trial Court, the records shall
be forwarded to the court of appeals for
automatic review within how many days from the promulgation of the judgment.
A. Within fifteen days but not earlier than ten days from the promulgation of
the judgment or notice of denial of a motion
for new trial or reconsideration.
B. Within twenty days but not earlier than fifteen days from the promulgation
of the judgment or notice of denial of a
motion for new trial or reconsideration.
C. Within ten days but not earlier than seven days from the promulgation of
the judgment or notice of denial of a
motion for new trial or reconsideration
D. Within seven days but not earlier than five days from the promulgation of
the judgment or notice of denial of a
motion for new trial or reconsideration
39. Juanito was convicted by the trial court. A Counsel de Oficio was appointed to him
by the court for his appeal since he is
confined in prison. To cut short the proceedings of appeal,the counsel de oficio of
Juanito withdraw the appeal. Is the action
of the consel de oficio proper?
A. Yes, because the counsel de oficio wishes to cut short the proceedings of
the appeal since he is not being paid by
Juanito.
B. Yes, because it is his right (counsel de oficio) to terminate the appeal at
any time even without the consent of Juanito.
C. No, he (counsel de oficio) cannot withdraw the appeal without the consent
of Juanito.
D. Yes, considering that it was not Juanito who choose him (counsel de
oficio) to be his lawyer for his (Juanitos’) appeal.
40. There is a uniform procedure in the Municipal Trial Courts except:
A. In the municipal circuit trial court’s C. Municipal trial courts in cities
B. Metropolitan Trial Courts D. In criminal cases governed
by the revised Rules on summary procedures.
41. In all criminal cases appealed to the Court of Appeals the property appealing the
case shall be called the _______________
A. Complainant C. Appellee
B. Appellant D. Respondent
42. The adverse party of the aprty appealing the case is called the ______________
A. Appellant C. Plaintiff
B. Accused D. Appellee
43. The court of appeals may dismiss the appeal on the following ground except:
A. If appellant escapes from prison C. If appellant jumps
bail
B. If appellant escapes from confinement D. If appellant files a motion for
reconsideration
44. It is one of the scope of judgment of the Court of Appeals except:
A. Reverse the judgment imposed by the trial court.
B. Affirm the judgment imposed by the trial court.
C. Increase or reduce the penalty imposed by the trial court.
D. Forward the case to the Supreme Court.
45. Trials and hearings in the court of appeals must be continuous and must be
completed within such period, unless extended by
the chief justice.
A. Within six (6) months C. Within three (3) months
B. Within ten (10) months D. Within twelve (12)
months
46. Arturo was sentenced by the trial court with death penalty when death penalty is
still on effect. There was an automatic
review by the Supreme Court. While the case is still in the Supreme Court, the
death penalty was out lowed. The supreme
Court affirm the decision of the trial court. What should be the proper penalty to
be imposed upon the accused by the
supreme court.
A. Death Penalty C. Reclusion
Perpetua
B. Reclusion Temporal D. Prison Correctional
47. A motion for reconsideration shall be filed within such period from notice of the
decision or final order of the court of Appeals,
with copies thereof served upon the adverse party, setting forth the grounds in
support thereof.
A. Within fifteen (15) days C. Within twenty (20) days
B. Within ten (10) days D. Within thirty (30) days
48. Unless otherwise provided by the constitution or by law the procedure in the
____________in original and in appealed cases
shall be the same as in the Court of Appeals.
A. Regional Trial Court C. Municipal Trial Court
B. Supreme Court D. Municipal Circuit Trial
Court
49. The procedure for the review by the supreme court of decisions in criminal cases
rendered by the court of appeals shall be the
same in _____________________
A. Civil Cases C. Corporate cases
B. Administrative cases D. Quash criminal cases
50. When the Supreme Court en banc is equally divided in opinion or the necessary
majority cannot be had on whether to acquit
the appellant, the case shall again be deliberated upon and if no decision is
reached after re-deliberation the judgment of
conviction of the lower court shall be ___________.
51. It is an order in writing issued in the name of the people of the Philippines, signed
by a judge and directed to a peace officer,
commanding him to search for personal property described therein and bring it
before the court.
A. Warrant of Arrest C. Information
B. Complaint D. Search Warrant
52. It refers to person and places particularly described thoroughly investigated or
searched.
A. Seizure C. Confiscation
B. Search D. Take into custody
53. It refers to things particularly described to be taken away or confiscated or to be
seized.
A. Search C. Looking for something
B. Seizure D. Thorough investigation
54. If the criminal action has already been filed where should the application for search
warrant be filed?
A. Any court within whose territorial jurisdiction of a crime was committed.
B. Any court within the judicial region where the crime was committed.
C. Any court within the judicial region where the warrant shall be enforced
D. In the court where the criminal action is pending
55. A search warrant may be issued for the search and seizure for this kind
of property.
A. Real Property C. Personal property
B. Paraphernal Property D. Capital property
56. A _________A_________ shall not issue except upon (57)________B__ in
connection with one specific offense to be determined
personally by the (58) ______C______after examination
under(59)_____D_________ or affirmation of the
(60)_________E________ and the witnesses he may produce, and particularly
describing the place to be searched and the things
to be seized.
A. Search
warrant C. Judge E. Compla
inant
B. Probable cause D. Oath
61. During the arraignment, the accused must be ______________.
A. Represented by a proxy C. Out of the country
B. Present personally D. Represented by the
prosecutor
62. What plea is recorded or entered for the accused if he refuses to plead?
A. Plea of guilty C. No plea is entered
B. Plea of not guilty D. Improvident plea of guilty
63. The reading of the complainant or information during the arraignment shall be done
in what dialect or language?
A. In English only C. In Spanish
B. In Tagalog only D. In the dialect or language
known by the accused
64. Total criminal liability is extinguished except by:
A. By service of sentence C. By prescription of crime
B. By absolute Pardon D. By conditional pardon
65. It is the Loss or waiver of the State of its right to prosecute an act prohibited and
punished by law.
A. Prescription of jurisdiction C. Prescription of crime
B. Prescription of venue D. Prescription of penalty
66. It is an accusation in writing charging a person with an offense subscribed by the
prosecutor or fiscal and filled with the court.
A. Arrest C. Complainant
B. Information D. Warrant of Arrest
67. 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. Information C. Complaint
B. Search Warrant D. Warrant of Arrest
68. He shall have the direction and control in the prosecution of all criminal actions
either commenced by complaint or by
Information.
A. Public Prosecutor or fiscal C. Judge
B. Clerk of Court D. Investigator on case
69. It has the power to order a change of venue or place of trial to avoid a miscarriage
of justice.
A. Congress C. Supreme Court
B. Court of Appeals D. Senate
70. The proper officer who issues a warrant of arrest.
A. Public Prosecutor C. Judge
B. Chief of Police D. Clerk of Court
71. It is defined as such facts and circumstances which would lead a reasonable
discreet and prudent man to believe that an offense has been committed and that the
objects sought in connection with the offense are in the place sought to be searched.
A. Personal Knowledge C. Probable Cause
B. Proof beyond reasonable doubt D. Principle of innocence
72. Requisites of a valid search warrant except:
A. It must be upon probable cause
B. The search warrant must particularly describe the place to be search and
the things to be seized
C. The search warrant must be issued in connection with the specific offense
D. The search warrant must involved real properties
73. It is a warrant which fails to sufficiently specify the place or person to be searched
or things to be seized.
A. Search Warrant C. Provisionary Search
Warrant
B. General Search Warrant D. Probationary Search
Warrant
74. The officer, enforcing the search warrant if refused admittance to the place of
directed search after giving notice of his
purpose and authority, what may be his legal; move?
A. May break open any outer or inner door of a house
B. May break open any outer or inner window of a house
C. May liberate himself when unlawfully detained.
D. All of the above
75. How should a search of a house, room, or any other premises be made?
A. Presence of the lawful occupant C. Two
witnesses of sufficient age and discretion
B. Presence of any member of the occupant’s family D. All of the
above
76. PO1 Reyes was enforcing a search warrant, he introduced himself to the occupant
of the house and mentioned his purpose,
however he was refuse admittance. What should be the legal move of PO1
Reyes?
A. May break open the door C. May break any part of the
house to make an entry
B. May break open the window D. All of the above
77. The validity of the search warrant.
A. Ten (10) days from its date C. Seven (7) days from its date
B. Fifteen (15) days from its date D. Five (5) days from its date
78. To whom the officer who served the search warrant return the property seized?
A. To the prosecutor C. To the complainant
B. To the judge who issued the warrant D. To the clerk of court
79. Berto was seen and observed by PO2 Peralta in the act of picking the wallet of
Carlos. Berto successfully took possession of
the wallet of Carlos. At this instance PO2 Peralta arrested Berto and when PO2
Peralta search Berto a bladed weapon was
found in his possession. Berto was charged with theft and illegal possession of
deadly weapon. He countered that the search
made by PO2 Peralta on his person is illegal. Is Berto correct?
A. Yes, because PO2 Peralta have no search warrant when he searched
Berto.
B. Yes, the deadly weapon cannot be used as evidence against Berto
because it was illegally searched.
C. No, because the search made by PO2 Peralta is incidental to a lawful
arrest.
D. Yes, because PO2 Peralta abused his authority when he searched Berto
without a warrant.
80. The rule that searches and seizures must be.supported by a valid search is not
absolute. The exception is:
A. Search incidental to a lawful arrest C. Stop and Frisk
B. Plain view seizure D. all of the
above E. None of the above
81. A valid search warrant was issued against Roberto. When the warrant was served
on the house of Roberto, an unlicensed
firearm was found in his room which is not included in the search warrant. He was
charged for illegal possession of
unlicensed firearm. Will the case against Roberto prosper?
A. Yes, because he was in possession of an unlicensed firearm
B. Yes, because seizure of the unlicensed firearm is incidental to a lawful
search.
C. No, because the firearm is not one of those personal properties ordered to
be seized by the court, and therefore
illegally obtained evidence.
D. Yes, although it is not included in the search warrant, the firearm which is
unlicensed is illegal and therefore can be
confiscated and seized
82. This doctrine means that an unlawful search taints not only the evidence obtained
during the search but also facts discouraged
by reason of said unlawful search
A. Principle of double jeopardy C. Proof of beyond reasonable
doubt principle
B. Principle of a fruit a Poisonous tree D. Search incidental to a lawful
arrest principle
83. It is defined as the vernacular designation of the right of a police officer to stop a
citizen on the street, interrogate him and put
him for weapons,
A. Stop & Frisk C. Waiver
B. Plain view seizure D. Consented
warrantless search
84. This rule commands that evidence obtained by an unreasonable search and
seizure is excluded from evidence.
A. Exclusionary rule C. Plain view doctrine
B. Fruit of a poisonous tree doctrine D. Stop & Frisk Principle
85. In this principle, the law requires that there be fist a lawful arrest before a search
can be made.
A. Plain view doctrine C. Search incidental to lawful
arrest
B. Stop & Frisk Doctrine D. Inspection search
86. The purpose of search incidental to A lawful arrest, except:
A. Protect the arresting officer against physical harm from the person being
arrested
B. The person being arrested might be concealing weapons to be used
against the officer
C. To protect the person arrested from destroying evidence within his reach.
D. To know the identity of the arrested person.
87. The search warrant was issued on February 01, 2012, up to what date will it be
valid?
A. Feb 09, 2012 C. Feb 12, 2012
B. February 11,2012 D. February 10,2012
88. The officer after the conduct of search and seizure must do the following except:
A. Give a detailed receipt of the property seized to the lawful occupant.
B. Leave a detailed receipt of the property in the place in which he found the
seized property in the presence of at least
two witnesses of sufficient age and discretion residing in the same locality.
C. Deliver immediately the property seized to the issuing judge together with
the true and duly verified under oath
inventory thereof
D. Deliver immediately the property seized in a bonded warehouse for
safekeeping even without the approval of the
court.
89. The extent of warrantless search may be made on the person of the suspect and
immediate vicinity or surrounding area of the
place of arrest, except:
A. In his room
B. Confined place within the accused’s immediate control
C. In his house situated 150 kmtrs away from the place of arrest
D. Premises of surroundings under his immediate control.
90 Routine inspection are not regarded as violative of an individual’s right against
unreasonable search, except:
A. Where the occupants are subjected to a physical or body search
B. Where the officers flashes a light therein without opening the car’s door
C. Where the inspection of the vehicle is limited to a visual search or visual
inspection
D. Where the routine check is conducted in a fixed area
QUESTION 91 TO 100
Blacken A, if both statements are correct; B if the first statement is correct and the
second is incorrect; C if the first statement is incorrect and the second is correct; D if
both statements are incorrect:
91. The frisk and search of a person is a permissible precautionary measure to protect
the officer from such person who might be armed with dangerous weapon. Warrantless
search or incoming and outgoing passengers at the arrival and departure areas of an
international airport is universally allowed. A
92. Stop and frisk is limited protective search of outer clothing for weapons. A waiver
of an illegal warrantless also mean a waiver of the inadmissibility of evidence seized
during an illegal warrantless arrest.B
93. Warrantless search incidental to s lawful arrest may be made on the person only of
the suspect and not in the immediate vicinity or surrounding area of the place of
arrest. Warrantless search incidental to a lawful arrest may be made on the premises
or surroundings under the persons immediate control.C
94. Where the search is made pursuant to a lawful arrest, there is always need to
obtain a search warrant. When the accused was caught inflagrante (in the act) there
must be a search warrant to search him and a warrant of arrest for his arrest.D
95. The search warrant is valid for ten days from its date. The warrant must direct that it
be served in the day time unless 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.A
96. A search warrant may be issued for the search and seizure of personal
property. An application for search warrant may be filed in any court within which
whose territorial jurisdiction a crime was committed.A
97. Search refers to persons and places particularly described to be searched. A
warrant of arrest is an order in writing issued in the name of the people of
the Philippines, signed by the judge and directed to a place of officer, commanding him
to search for personal property described therein and bring it before the court.B
98. A motion to re-open trial maybe filed after judgment but within the period for
reconsideration can interrupt the running of the 15 day period to perfect an appeal.C
99. Decisions of cases in the court of appeals is appealable to the Regional Trial
Courts. Cases decided by the regional trial courts are appealable to the Metropolitan
Trial Courts.D
100. For the purpose of determining appellate jurisdiction in criminal cases, the
maximum of the penalty and not the minimum is taken into account. The period within
which to perfect an appeal is fifteen (15) days.A
1. What crime is committed when a person, through force, inserts his penis into another
person’s mouth or anal orifice?
A. Simple rape C. Qualified rape
B. Rape by sexual assault D. Acts of Lasciviousness
2. If a person wounds, assaults or beats another person causing deformity on the latter,
the crime committed is:
A. Serious physical injuries C. Slight physical injuries
B. Less serious physical injuries D. Mutilation
3. What crime is committed when a person, without intent to kill, inflicts upon another any
serious physical injury, by knowingly administering to him any injurious substances or
beverages?
A. Serious physical injuries C. Mutilation
B. Less serious physical injuries D. Administering injurious substances or
beverages
4. MAGDA, a prostitute, agreed to have sex with a customer for the amount of P1,000.00.
While in the motel, the customer started kissing MAGDA. MAGDA noticed that the
customer has bad breath. Eventually, she pulled away from the customer and refused to
have sex with him. Angered by the refusal, the customer forced himself on MAGDA who
was able to accomplish his carnal desires on the latter. What crime, if any, did the
customer commit?
A. Rape C. Acts of lasciviousness
B. Seduction D. No crime was committed
5. Republic act no. 8353 is also known as:

A. Comprehensive dangerous drugs act of 2002 C. Anti-rape law of 1997
B. Anti-torture law D. None of these
6. NENE, a 10-year old girl, consented to have sex with her 20-year old neighbor HOMER
who looks like John Lloyd Cruz. What crime, if any, did HOMER commit?
A. Simple rape C. Qualified rape
B. Violation of child abuse law D. Qualified Seduction
7. What crime is committed when a police officer takes advantage of his position to rape
another person?
A. Simple rape C. Sexual assault
B. Qualified rape D. None of these
8. Any private person who shall enter the dwelling of another against the latter’s will
commits the crime of:
A. Qualified trespass to dwelling C. Trespass to property
B. Simple trespass to dwelling D. Violation of domicile
9. Due to the passage of the Anti-rape law of 1997, Rape is now classified as:
A. Crime against chastity C. Crime against liberty
B. Crime against persons D. None of these
10. If the person kidnapped or detained shall be a female, the crime is:
A. Kidnapping and serious illegal detention C. Slavery
B. Slight illegal detention D. Arbitrary detention
11. It is a crime committed by anyone who, under the pretext of reimbursing himself of a
debt incurred by an ascendant, guardian or person entrusted with the custody of a minor,
shall, against the latter’s will, retain him in his service.
A. Slavery C. Exploitation of minors
B. Abandoning a minor D. Exploitation of child labor
12. It is committed by any person who, with intent to gain but without violence against or
intimidation of persons nor force upon things, shall take personal property of another
without the latter’s consent
A. Robbery C. Theft
B. Estafa D. Piracy
13. It is a felony committed by any person who shall threaten another with the infliction upon
the person, honor, property of the latter or of his family of any wrong amounting to a crime
A. Grave coercion C. Grave threats
B. Light coercion D. Light threats
14. Any person who shall deliberately cause to the property of another any damage that
does not constitute arson shall be guilty for what crime?
A. Unjust vexation D. Damage to property
B. Malicious mischief D. None of these
15.A criminal complaint for adultery can be filed only by whom?

A. Offended spouse C. Both A and B
B. Guilty spouse D. The State
16.Any person who, having found lost property, shall fail to deliver the same to the local
authorities or to its owner shall be liable for what crime?
A. Theft C. Robbery
B. Estafa D. No crime was committed
17. LOLO ROMEO fondled the breast of her 15 year-old granddaughter WENDY. WENDY
did not resist the advances of her LOLO and in fact, she stated to him to continue what
he is doing. What crime, if any, did LOLO ROMEO commit?
A. Acts of Lasciviousness C. Seduction
B. Acts of Lasciviousness with the consent D. Attempted Rape
Of the offended party
18. Acts of lasciviousness (Art.336) can be committed against:

A. female only C. Either male or female
B. male only D. None of these
19. A person who engages in the business of prostitution is liable for what felony?
A. Prostitution C. White slave trade
B. Slavery D. Vagrancy
20. While walking within the premises of a coconut plantation owned by JOEY, ROLAND
saw a piece of coconut on the ground. ROLAND decided to get the coconut and bring it
home as a “pasalubong” to his son. What crime, if any, did ROLAND commit?
A. Simple theft C. Robbery
B. Qualified theft D. Estafa
21. It is the seduction of a woman who is single and of good reputation, over twelve but
under eighteen years of age, and committed by means of deceit
A. Simple seduction C. Forcible abduction
B. Qualified seduction D. Acts of Lasciviousness
22. KURT has a longstanding grudge against his neighbor JIMI. One day, while JIMI was
away, KURT surreptitiously poisoned the cow of JIMI resulting in the death of the cow.
What crime, if any, did KURT commit?
A. Malicious mischief C. Unjust vexation
B. Violation of PD 533 (Anti-cattle rustling law) D. Physical injuries
23. MICHELLE MASIPAG worked as a housemaid and yaya of the one-week old son of the
spouses PETER and PAULA. When MICHELLE learned that her 70 year-old mother was
seriously ill, she asked PETER for a cash advance of P1,000.00, but PETER refused.
One morning, MICHELLE gagged the mouth of PETER’s son with stockings; placed the
child in a box; sealed it with masking tape and placed the box in the attic. Later in the
afternoon, she demanded P5,000.00 as ransom for the release of his son. PETER did
not pay the ransom. Subsequently, MICHELLE disappeared.
After a couple of days, PETER discovered the box in the attic with his child already
dead. According to the
autopsy report, the child died of asphyxiation barely three minutes after the box was
sealed. What crime/s did
MICHELLE commit?
A. Kidnapping and serious illegal detention C. Kidnapping with homicide
B. Slight illegal detention with homicide D. Kidnapping and homicide
24. Unjust vexation is a:

A. Crime against security C. Crime against chastity
B. Crime against property D. None of these
25. Malicious mischief is a:

A. Crime against property C. Crime against persons
B. Crime against liberty D. None of these
26. SARAH and NONITO are sweethearts. As a birthday gift, NONITO gave SARAH a
BlackBerry cell phone. Two days later, SARAH broke up with NONITO because she
caught the latter cheating on her. SARAH decided to burn the cell phone that NONITO
gave her. What crime, if any, did SARAH commit?
A. Arson C. Damage to property
B. Malicious mischief D. No crime was committed
27. In an interview aired on television, DINA uttered defamatory statements against

CARMEN, a successful and reputable businesswoman. What crime, if any, did DINA
commit?
A. Slander C. Incriminating innocent persons
B. Libel D. No crime was committed
28. It consists in voluntarily, but without malice, doing or failing to do an act from which
material damage results by reason of inexcusable lack of precaution on the part of the
person performing or failing to perform such act.
A. Reckless imprudence C. Offense
B. Simple imprudence D. None of these
29. It is the abduction of any woman against her will and with lewd designs
A. Consented abduction C. Kidnapping
B. Forcible abduction D. None of these
30. SIMON entered the house of another without employing force or violence upon things.
He was seen by a maid who wanted to scream but was prevented from doing so because
SIMON threatened her with a gun. SIMON then took money and other valuables and left.
What crime, if any, did SIMON commit?
A. Theft C. Trespass to dwelling

B. Qualified theft D. Robbery
31. Seduction is a:
A. Crime against honor C. Crime against chastity
B. Crime against persons D. Crime against liberty
32. Libel is a:
A. Crime against persons C. Crime against chastity
B. Crime against property D. Crime against honor
33. A fire broke out in a department store. SID, taking advantage of the confusion, entered
the store and carried away goods, which he later sold. What crime, if any, did SID commit?
A. Robbery C. Qualified theft
B. Theft D. Estafa
34. Any person who shall defraud another with unfaithfulness or abuse of confidence shall
be liable for what crime?
A. Theft C. Qualified theft
B. Robbery D. Estafa
35. DANTE and DIEGO ate at a restaurant near Our Lady of Fatima University in
Valenzuela City. Because it is lunch time, the restaurant was crowded. Realizing that they
can leave the restaurant unnoticed without having their bill for the food they ate, paid, the
two clandestinely left the place. After two days, the police apprehended the two. What
crime, if any, did DANTE and DIEGO commit?
A. Theft C. Estafa
B. Qualfied theft D. No crime was committed
36. Kidnapping may be committed by:

A. Private persons C. Either A or B
B. Public officers/employees D. None of these
37. It is a crime committed by any person who, in any case other than those authorized
by law, or without reasonable ground therefore, shall arrest or detains another for the
purpose of delivering him to the proper authorities.
A. Arbitrary detention C. Illegal detention
B. Unlawful arrest D. Kidnapping
38. It is committed by any person who, without authority of law, shall by means of violence,
threats or intimidation, prevent another from doing something not prohibited by law, or
compel him to do something against his will, whether it be right or wrong.
a. Grave coercions c. Light coercions
b. Grave threats d. Light threats
39. Any person who shall orally threaten to do another any harm not constituting a felony
is liable for what crime, if any?
A. Coercion C. Unjust vexation
B. Other light threats D. No crime was committed
40. A private individual who, in order to discover the secrets of another, shall seize his
papers or letters and reveal the contents thereof is liable for what felony?
A. Infidelity in the custody of documents C. Theft
B. Discovering secrets through seizure of D. Estafa
Correspondence
41. Vex means

A. Annoyance C. Deceit
B. Asportation D. Fraud
42. To constitute a band under Art. 296 of the Revised Penal Code, there must be how
many armed persons taking part in a robbery?
A. More than three C. Three or more
B. Three D. Less than three
43. A person who possesses a picklock without lawful cause is liable for what crime, if
any?
A. Theft C. Fencing
B. Possession of picklocks D. No crime was committed
44. A person who uses a picklock or other similar tools in the commission of robbery shall
be guilty of what crime?
A. Robbery C. Fencing
B. Possession of picklocks D. Robbery and possession of picklocks
45. CAROL and CINDY are sisters. Both are college students in the College of
Criminology of Our Lady of Fatima University in Valenzuela City. They both live with their
parents. CAROL has a cute shih tzu dog; one day while CAROL was away on a date,
CINDY took the dog without the consent of CAROL and sold it to her classmate. What
crime did CINDY commit?
A. Robbery C. Malicious mischief
B. Estafa D. Theft
46. In question no. 45, is CINDY 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
47. When more than three armed persons form a band of robbers for the purpose of
committing robbery in the highway, the felony committed is:
A. Brigandage C. Piracy
B. Robbery D. None of these
48. To be liable for violation of the Anti-Fencing law of 1979 (PD No. 1612), a person who,
with intent to gain for himself or another, shall buy, receive, possess, keep, acquire,
conceal, sell, or dispose of, or shall buy and sell, any item, article, object which he knows,
or should be known to him, to have been derived from the proceeds of the crime of:
A. Robbery or Theft C. Theft only
B. Robbery only D. Robbery, Theft, or Estafa
49. A person who shall contract a second or subsequent marriage before the former
marriage has been legally dissolved is liable for what crime?
A. Adultery C. Bigamy
B. Concubinage D. None of these
50. HERCULES kidnapped ACHILLES and subsequently detained him in a rented

property somewhere in Valenzuela City. After detaining ACHILLES for 10 hours,
HERCULES called ACHILLES’ wife to ask for the payment of P2 million in exchange for
the liberty of her husband. ACHILLES’ wife immediately agreed and deposited the P2
million in HERCULES’ bank account. Five hours have passed before HERCULES was
able to receive the money. Thereafter, he quickly released ACHILLES. What crime is
committed?
A. Slight illegal detention C. Kidnapping and serious illegal detention
B. Grave coercion D. Forcible abduction
51. It is the taking, with intent to gain, of a motor vehicle belonging to another without the
latter’s consent, or by means of violence against or intimidation of persons, or by using
force upon things
A. Robbery C. Carnapping
B. Qualified theft D. Brigandage
52. IVAN entered the house of DIEGO through the chimney, just like what Santa Claus
does. While inside, he took a laptop computer on the table and immediately left the house
without anyone seeing him. What crime, if any, did IVAN commit?
A. Robbery C. Theft
B. Trespass to dwelling D. Malicious mischief
53. It is a crime committed by any married woman who shall have sexual intercourse with
a man not her husband and by the man who has carnal knowledge of her, knowing her
to be married.
A. Concubinage C. Seduction
B. Bigamy D. Adultery
54. DENNIS and CARMEN were legally separated. Their child FRANCIS, a minor was
placed in the custody of CARMEN, subject to monthly visitations by DENNIS. On one
occasion, when DENNIS had FRANCIS in his company, DENNIS decided not to return
FRANCIS to his mother. Instead, DENNIS took FRANCIS with him to Spain where he
intended for them to reside permanently. What crime, if any, did DENNIS commit?
A. Kidnapping and serious illegal detention C. Kidnapping and failure to return a minor
B. Kidnapping and slight illegal detention D. Corruption of minors
55. A public officer or employee acting in his private capacity is considered a:

A. Public officer C. Either A or B
B. Private individual D. Person in authority
56. Which of the following is no longer a crime/s, according to the decision of the Supreme
Court in Valenzuela vs People (GR No. 160188, June 21, 2007):
A. Frustrated theft c. Both a and b
B. Frustrated robbery d. None of these
57. If someone was killed in the course of the commission of robbery, the crime committed
is:
A. Robbery and homicide C. Homicide
B. Robbery D. Robbery with homicide
58. A person who, by means of violence, shall seize anything belonging to his debtor for
the purpose of applying the same to the payment of the debt is liable for what felony?
A. light threats C. Light coercions
B. Fraudulent insolvency D. None of these
59. By using a slingshot, RONNIE deliberately hit the favorite duck of his LOLA TASYA.
As a consequence, the duck died. RONNIE was charged with malicious mischief.
RONNIE contended that he is exempt from criminal liability pursuant to Art.332 of the
Revised Penal Code. Is RONNIE correct?
A.Yes, because RONNIE is a descendant of his LOLA, thus exempt under Art. 332 of the
Penal Code
B. Yes, because RONNIE is a minor
C. No, because RONNIE committed a crime
D. No, because RONNIE intended to kill the duck of his LOLA
60. It is an essential element of estafa:

A. Destruction C. Negligence
B. Damage D. None of these
61. DANNY burned to death his enemy FLORANTE. What crime is committed?
A. Arson C. Arson with homicide
B. Murder D. Murder and arson
62. JOAN and JANE are college classmates. They are both of legal age. JOAN burned
the pen of JANE worth P10.00 because JANE did not allow JOAN to copy her assignment
in school. What crime, if any, did JOAN commit?
A. Malicious mischief C. Unjust vexation
B. Arson D. No crime was committed
63. Which of the following is not a crime:

A. Attempted rape C. Attempted robbery
B. Frustrated rape D. Frustrated robbery
64. Which of the following is a private crime:

A. Rape C. Bigamy
B. Malicious mischief D. Adultery
65. Which of the following is a crime against security:

A. Libel C. Unjust vexation
B. Malicious mischief D. Theft
66. DONDON, a tricycle driver, plied his usual route using a Suzuki motorcycle with a
sidecar. One evening, JOJO rode on the sidecar, poked a knife at DONDON and
instructed him to go near the bridge. Upon reaching the bridge, JOJO alighted from the
motorcycle and suddenly stabbed DONDON several times until he was dead. JOJO fled
from the scene taking the motorcycle with him. What crime/s did JOJO commit?
A. Homicide C. Carnapping with homicide
B. Carnapping and murder D. Carnapping and homicide
67. At about 11:00 in the evening, LANDO forced his way inside the house of ROGER.
TIBURCIO, ROGER’s son, saw LANDO and accosted him. LANDO pulled a knife and
stabbed TIBURCIO on his abdomen. ROGER heard the commotion and went out of his
room. LANDO, who is about to escape, assaulted ROGER. TIBURCIO suffered injuries,
which were not for the timely medical attendance, would have caused his death. ROGER
sustained injuries that incapacitated him for 25 days. How many crime/s did LANDO
commit?
A. 1 C. 3
B. 2 D. 4
68. In question no. 67, what kind of physical injuries did ROGER sustain?
A. Serious physical injuries C. Slight physical injuries
B. Less serious physical injuries D. Mutilation
69. In the crime of qualified seduction, the offended party should be a virgin. What kind
of virginity does the law contemplate?
A. Physical virginity C. Both a and b
B. Moral virginity D. None of these
70. Lewd designs mean:

A. Deceit C. Lustful
B. Prejudice D. Intent
71. NOAH proposed to his friend MARLON to kidnap ALLIE so that they can rape her.
MARLON agreed. On the date of their plan, the two had a change of heart and did not
push through with the scheme. What crime, if any, did NOAH and MARLON commit?
A. Attempted kidnapping C. Attempted rape
B. Attempted forcible abduction D. No crime was committed
72. It is the essence of adultery:

A. Sexual intercourse C. Violence
B. Relationship D. Intimidation
73. After raping the complainant in her house, the accused struck a match to smoke a
cigarette before departing from the scene. The brief light from the match allowed him to
notice a watch in her wrist. He demanded that she hand over the watch. When she
refused, he forcibly grabbed it from her. What crime/s did the accused commit?
A. Robbery with rape C. Rape and theft
B. Rape and robbery D. Qualified rape
74. An accused charged with violation of PD No. 1612 (Anti-fencing law of 1979) would have
been an____________ in theft or robbery had not the charge filed against him been
fencing.
A. Principal C. Accessory
B. Accomplice D. None of these
75. It is a common element in the crime of robbery or theft:

A. Intent to gain C. Violence
B. Force D. Deceit
76. Which of the following is not a crime:

A. Frustrated arson C. Frustrated parricide
B. Frustrated robbery D. Frustrated infanticide
77. RA No. 6539, otherwise known as the Anti-carnapping law is:
A. Part of the Revised Penal Code C. Either A or B
B. A special penal law D. None of these
78. PD No. 533, otherwise known as the Anti-cattle rustling law of 1974 is:
A. Part of the Revised Penal Code C. Either a or b
B. A special penal law D. None of these
79. It is the taking of personal property out of the possession of the owner
A. Robbery C. Asportation
B. Seizure D. None of these
80. If a person enters the dwelling or property of another without the consent of the owner,
but the purpose of such entry is to render some aid to humanity or justice, what crime, if
any, did the person who entered commit?
A. Trespass to dwelling C. Violation of domicile
B. Trespass to property D. No crime was committed
81. TT kidnapped KK in a dimly lit street. XX, a passerby saw what happened. TT noticed
that XX witnessed his act. As a consequence, TT killed XX. What is the crime committed?
A. Kidnapping with homicide C. Kidnapping and murder
B. Kidnapping and homicide D. None of these
82. A 7-year old child was raped by the friend of her father. What crime is committed?
A. Qualified rape C. Simple rape
B. Rape by sexual assault D. Seduction
83. By using a picklock, ABET ALINLANGAN successfully entered the house of POPOY.
As ABET was about to get the ipad and iphone on top of the table, he noticed POPOY
descending from the stairs. Alarmed, he went to POPOY and killed him. What is the crime
committed?
A. Attempted robbery with homicide c. Attempted theft with homicide
B. Attempted robbery and homicide d. Attempted theft and homicide
84. What is the effect if the offender marries the offended party in rape, granting all the
requisites for a valid marriage are present?
A. The crime is extinguished C. both A and B
B. The criminal liability is extinguished D. No effect
85. DOY, a gigolo from Manila raped SISA, a barrio lass in Nueva Ecija. At the time of the
commission of the rape, DOY had no knowledge that SISA was a mental retardate. What
is the crime committed?
A. Simple rape C. Sexual assault
B. Qualified rape D. Seduaction
86. AUBREY, a gorgeous ‘colegiala’ but a shoplifter went to SM Valenzuela and proceeded
to the women’s wear section. The saleslady was of the impression that she brought to the
fitting room three (3) pieces of swimsuits of different colors. When she came out of the
fitting room, she returned only two (2) pieces to the clothes rack. The saleslady became
suspicious and alerted the store security. AUBREY was stopped by the security before
she could leave the store and brought to the office of the store manager. The security and
the manager searched her and found her wearing the third swimsuit under her blouse
and pants. What is the crime committed?
A. Attempted theft C. Consummated theft
B. Frustrated theft D. Robbery
87. The main difference between kidnapping and forcible abduction is the presence or
absence of:
A. Taking of a person C. detention
B. Lewd design D. None of these
88. Batas Pambansa bilang 22 (BP 22) is also known as:

A. Bouncing checks law C. Anti-terrorism act
B. Anti-voyeurism act D. None of these
89. It is one of the essential elements of libel:

A. Damages C. Malice
B. Deceit D. intent to gain
90. It is not an element of acts of lasciviousness:

A. Sexual intercourse C. Intimidation
B. Force D. None of these
91. Act No. 3815 is otherwise known as:

A. The revised penal code C. The new arson law
B. Criminal law D. None of these
92. SIMPLICIO is married to the sister of DOLLY, and the three (3) live together in a house
located in Malabon City. On several occasions, DOLLY’s dog would bark at SIMPLICIO
every time he arrives at past midnight. One time, after arriving in the house at around 2
o’ clock in the morning, DOLLY’s dog barked continuously at SIMPLICIO. In a fit of anger,
SIMPLICIO entered the house, took a bolo and killed the dog. What is the crime
committed?
A. Malicious mischief C. Mutilation
B. Unjust vexation D. None of these
93. In question no. 92, is SIMPLICIO criminally liable?

A. Yes, because he committed malicious mischief
B. Yes, because he committed unjust vexation
C. No, because he is exempt under the law
D. No, because killing of a dog is not a crime
94. In question no. 92, is SIMPLICIO civilly liable?
A. Yes, since he is also criminally liable
B. Yes, the law states that even though he is not criminally liable, he is civilly liable
C. No, because he is not criminally liable
D. No, because he is exempt under the law
95. JERRY set the house of RAMONA on fire by way of revenge against the latter. JERRY
did not know that RAMONA was inside. RAMONA died because of the fire. What crime
or crimes did JERRY commit?
A. Arson C. Arson with homicide
B. Homicide D. Arson and homicide
96. In question no. 95, suppose JERRY knew that RAMONA was inside, what crime/crimes
did JERRY commit?
A. Homicide C. Arson and murder
B. Murder D. Arson and homicide
97. In question no. 95, suppose before setting it on fire, JERRY entered the house and
killed RAMONA. Then JERRY set the house on fire to hide the body of RAMONA. What
crime/crimes did JERRY commit?
A. Murder C. Arson with homicide
B. Arson D. Murder and arson
98. Which of the following is an example of a complex crime?

A. Robbery with homicide C. Kidnapping with homicide
B. Forcible abduction with rape D. All of these
99. Which of the following is an example of a special complex crime or composite crime?
A. Robbery with homicide C. Estafa through falsification of a public document
B. Direct assault with murder D. All of these
100. It is a law that defines crimes, treats of their nature and provides for their punishment?
A. Criminal law C. Special penal law
B. Criminal jurisprudence D. Civil law
1. In case of the conviction of the accused, who will pay the cost of the proceedings.
A. Relatives of the accused C. The winning party
B. The accused D. The State
2. If the property of the accused is not sufficient for the payment of all the pecuniary
liabilities, which will be given the
first priority to be paid?
A. The cost of the proceedings C. The indemnification of the
consequential damages
B. the fine D. The reparation of the damaged
cause
3. What is the equivalent rate of the subsidiary personal liability if the accused has no
property with which to pay the
fine in the decision of the court.
A. One day of each Ten Pesos C. One day for each Fifteen
Pesos
B. One day for each Eight Pesos D. One day for each twenty
Pesos
4. If the accused was prosecuted for grave or less grave felony and the principal
penalty imposed is only a fine, how
long shall be the subsidiary imprisonment of the accused.
A. Three (3) months C. Four (4) months
B. Six (6) months D. Five (5) months
5. If the accused was prosecuted for light felonies only, and the principal penalty is only
fine, how long shall be the
subsidiary imprisonment of the accused.
A. Ten (10) days C. Six (6) days
B. Twelve (12) days D. Fifteen (15) days
6. It is a subsidiary personal liability to be suffered by the convict who has no property
with which to meet the fine.
A. Pecuniary penalty C. Subsidiary penalty
B. Administrative penalty D. Correctional penalty
7. What is the accessory penalty of reclusion perpetua and reclusion temporal.
A. Civil interdiction for life C. Suspension of the right of
suffrage
B. Suspension of the right to hold office. D. No accessory penalty
8. What is the accessory penalty of Destierro.
A. Civil interdiction for life
B. Suspension from public office, profession or calling
C. Suspension of the right to suffrage
D. No accessory penalty
9. Every penalty imposed for the commission of a felony shall carry with it the
___________ of the proceeds of the
crime and the instruments or tools with which it was committed.
A. Destruction C. Auction
B. Forfeiture D. Removal
10. The proceeds and instruments or tools of the crime shall be taken in favor of the
__________.
A. Victim C. Third party
B. Accused D. Government
11. When can confiscation of the proceeds or property or instruments of the crimes be
ordered by the court.
A. When it submitted in evidence
B. When it is not placed at the disposal of the court
C. When it is owned by the victim
D. When it is owned by the accused
12. Articles which are forfeited, when the order of forfeiture is already final cannot be
returned even in case
of an __________
A. Revival of the case C. Appeal
B. Acquittal D. Refilling of the case
13. The penalty prescribed by law for the commission of a felony shall be imposed
upon the _______ in the
commission of the felony.
A. Accessories C. Principals
B. Accomplices D. Co- accused
14. It is the penalty which cannot be imposed when the guilty party is more than
seventy years of age.
A. Reclusion Perpetua C. Death penalty
B. Prison correctional D. Arresto Mayor
15. A single out act constitute two or more grave or less grave felonies is a
____________ crime.
A. Grave offense C. Less grave offense
B. Complex crime D. Continuing crime
16. In defense of relatives, one of the relatives that can be defended are those relatives
by consanguinity within the
fourth civil degree, such as _____________.
A. Brothers and sisters C. First cousin
B. Uncle and niece D. Second cousin
17. When somebody defended a very distant relative, he is committing ________.
A. Self defense C. Defense of stranger
B. Defense of relative D. Fulfillment of duty
18. A person considered as _________ is exempt in all cases from criminal liability.
A. Insane C. Feebleminded
B. Imbecile D. Epileptic
19. During this lucid interval, an insane person acts with _________.
A. Emotions C. Intelligence
B. Anxiety D. Depression
20. It is the __________ who has the burden of proof to show insanity.
A. Prosecution C. Court
B. Defense D. Prosecutor
21. It is a single crime, consisting of a series of acts but all arising from one criminal
resolution.
A. Plural crime C. Habitual crime
B. Continuing crime D. Revolving crime
22. A person shall be deemed to be ________ if within a period of ten years from the
date of his release or last
conviction of the crimes of serious or less serious physical injuries, estafa, or
falsification, he is found guilty of
any of said crimes a third time or oftener.
A. Recidivist C. Ex – convict
B. Habitual delinquent D. Pardonee
23. In imposing fines, the court may fix any amount within the limits established by law;
in fixing the amount in each
case attention shall be given, not only to the mitigating and aggravating
circumstances, but more particularly
to the ________ of the defendant.
A. Education C. Health
B. Wealth and means D. Age
24. Whenever any prisoner shall have served the ________ penalty imposed on him, it
shall appear to the Board
of Indeterminate Sentence that such prisoner is fitted for release, said Board
may authorize the release
of such prisoner on parole, upon such terms and conditions as may be
prescribed by the Board.
A. Medium C. Minimum
B. Maximum D. One half
25. It is the disposition under which a defendant after conviction and sentence is
released subject to
conditions imposed by the court and to the supervision of a probation officer.
A. Parole C. Probation
B. Recognition D. Pardon
26. A person placed on probation.
A. Parolee C. Pardonee
B. Probationer D. Ex- convict
27. One who investigate for the court a referral for probation or supervises a
probationer or both
A. Parole officer C. Probation officer
B. Police officer D. Administrative officer
28. No penalty shall be executed except by virtue of a _________ judgment.
A. In terim C. De Jure
B. Final D. Temporary
29. When a convict becomes insane or imbecile after final sentence has been
pronounced, the execution of said
sentence is __________ only as regards the personal penalty.
A. Continued C. Extinct
B. Suspended D. Enforced
30. If the convict becomes insane or imbecile after the final sentence, the payment of
his ________ shall not be
suspended.
A. Criminal liability C. Civil or pecuniary liabilities
B. Administrative liability D. Personal liability
31. Whenever a minor or either sex under 18 years of age at the time of the
commission of a grave or less grave
felony, is accused thereof, the court, after hearing the evidence in the proper
proceedings, instead of
pronouncing judgment of conviction, shall ___________ all further proceedings
and shall commit such minor
to the custody and care of a public or private charitable institution.
A. Proceed C. Set aside
B. Suspend D. Prolong
32. If the minor has behaved properly or has complied with the conditions imposed
upon him during his confinement,
in accordance with the provisions of Art. 80 he shall be returned to the
____________ in order that the same
may order his final release.
A. DSWD C. Court
B. Parents D. Relatives / guardians
33. In case the minor fails to behave properly or to comply with the regulations of the
institution to which he was
committed, or he was found to be incorrigible he shall be returned to the court in
order that the same may
_________ corresponding to the crime committed by him.
A. Render the judgment C. Order extension of his
commitment
B. Order his release D. Order his rehabilitation
34. The expenses for the maintenance of the minor delinquent confined in the
institution to which he has been
committed, shall be borne totally or partially by _________ or those persons
liable to support him, if they are
able to do so in the discretion of the court.
A. DSWD C. Institution
B. Parents or relatives D. State
35. Under the new law, the age of majority is ___________.
A. 21 years old C. 18 years old
B. 15 years old D. 16 years old
36. Any person sentenced to ___________ shall not be permitted to enter the place or
places designated in the
sentenced, nor within the radius therein specified.
A. Arresto Mayor C. Destierro
B. Aresto Menor D. Prision Mayor
37. The radius specified in the penalty of destierro shall be _____________.
A. Not less than 25kms. But not more than 200 kms.
B. Not less than 20 kms. But not more than 225 kms.
C. Not less than 5 kms. But not more than 125 kms.
D. Not less than 25 kms. But not more than 250 kms.
38. The penalty of ____________ shall be served in the municipal jail or in the house of
the defendant under the
surveillance of an officer of the law.
A. Arresto Mayor C. Prision correccional
B. Arresto Menor D. Prision Mayor
39. As the personal penalties, criminal liability of the accused is totally extinguished
upon his _________.
A. Incarceration C. Death
B. Conviction D. Confinement
40. The pecuniary liabilities of the convict is extinguished only when the death of the
offender occurs _______.
A. After the final judgment C. During the pendency of the
case
B. Before the final judgment D. During the hearing of the case
41. It is not one of the grounds of extinction of criminal liability of the accused.
A. By voluntary surrender
B. By service of sentence
C. By absolute pardon
D. By prescription of the crime
42. Amado was change with homicide during the pendency of the case Amado died
what will happen to the
Case filed against him.
A. The case will continue to be heared.
B. The case will be suspended.
C. The case will set aside.
D. The case will be dismissed.
43. Berto was sentenced in the regional trial court. He appealed the case to the court of
appeals. During the
pendency of his appeal, Berto died. What will happen to his civil and criminal
liability?
A. The civil and criminal liability is not extinguished?
B. The civil and environmental liability is extinguished?
C. The civil and criminal liability will be suspended.
D. The civil and criminal liability is set a side.
44. It is an act of grace proceeding from the power entrusted with the execution of the
laws which the individual
On whom it is bestowed from the punishment the law inflicts for the crime he has
committed.
A. Parole C. Prescription of penalty
B. Pardon D. Prescription of crime
45. It is the forfeiture or loss of the right of the state to prosecute the offender after the
lapse of a certain time.
A. prescription of crime C. Parole
B. Prescription of penalty D. Probation
46. It is the loss or forfeiture of the right of the government to execute the final sentence
after the lapse of a certain
Time.
A. Amnesty C. Prescription of penalty
B. Pardon D. Prescription of criminal
47. Crimes punishable by reclusion perpetua or reclusion temporal shall prescribed in
_____
A. 10yrs C. 20yrs.
B. 12yrs D. 15yrs.
48. Crimes punishable by other affective penalties shall prescribe in _____

A. 15 years C. 5 years
B. 10 years D. 20 years.
49. Crimes punishable b correctional penalty shall prescribed in _____
A. 5 years C. 15 years
B. 10years D. 6 years
50. The crime of libel on other similar offenses shall prescribed in _____
A. Two years C. One year
B. Five years D. Ten years
51. The 0ffense of oral deformation and slander by deed shall prescribed in _____.
A. Six month C. One year
B. One month D. Five years
52. In computing the period of ______ the first day is to be excluded and the last day
included.
A. Judgment C. Conviction
B. Prescription D. Confinement
53. The prescriptive period of offenses punishable under special laws and municipal
and ordinances, such as
offenses punished only by a fine or by imprisonment for not more than one month, or
both prescribed after ______.
A. Four years B. One years
C. Five years D. Eight years
54. The term of prescription shall not run when the offender is _____.
A. Absent from the Phil. Archipelago. B. Under rehabilitation
C. Confined D. Arrested
55. The period of prescription of penalties shall commence to run from the date when
the offender should _____ the
service of this sentence.
A. Start serving C. Commence
B. Evade D. Interrupt
56. It is a change of the decision of the court made by the Chief Executive by reducing
the degree of the penalty
inflicted upon the convict, or by decreasing the length of the imprisonment of the
amount of the fine
A. Reprieve C. Suspension of sentence
B. Commutation of sentence D. Enforcement of sentence
57. It is considered a contract between the sovereign power of the executive and the
convict that the sovereign power
will release convict upon compliance with the condition.
A. Amnesty C. Conditional Pardon
B. Probation D. Reprieve
58. Any person who has been granted conditional pardon shall incurr the obligation of
_____ otherwise, his non
compliance shall result in the revocation of the pardon.
A. Strictly complying the condition B. Ignoring the condition
C. Evading the condition D. Questioning the condition
59. It is the prerogative of the Executive to extend this to the offender at any time after
the imposition of the final
judgment.
A. Parole C. Probation
B. Amnesty D. Conditional Pardon
60. It is an Executive clemency given to the convicted offender after the offender has
served the minimum penalty
through the Board of Pardons and Parole.
A. Parole C. Amnesty
B. Pardon D. Probation
61. Every person criminally liable for a felony is also _____ liable.
A. Administratively C. Personally
B. Civily D. Socially
62. It is one of the extinguishment o9f civil liability.
A. Serving of sentence C. Amnesty
B. By compensation D. Parole
63. It is included in civil liability.
A. Restitution C. Indemnification for damages
consequential
B. Reparation of the damage caused D. All of the above
64. The civil liability for acts committed by a youthful offender shall be paid by the
offenders _____.
A. Parents C. Relative
B. Guardians D. All of the above
65. A prisoner who showed good conduct inside the penal institution shall be allowed a
deduction of his penalty for a
period of _____ for each month of good behavior during the first two years of his
imprisonment.
A. Five days C. Eight days
B. Ten days D. Fifteen days
66. During the 3rd to 5th year of his imprisonment the prisoner shall be allowed a
deduction of _____ for each month
of good behavior.
A. Fifteen days C. Five days

B. Eight days D. Ten days
th
67. During the 6 year until the tenth year, of his imprisonment, the prisoner shall be
allowed a deduction of _____for
each month of good behavior.
A. Eight days C. Ten days
B. Five days D. Fifteen days
68. During the eleventh and successive years of his imprisonment, the prisoner shall be
allowed a deduction of _____ for each month of good behavior.
A. Five days C. Ten days
B. Eight days D. Fifteen days
69. Ana was charged with the crime of adultery together with his boyfriend. Ana, the
married woman after conviction, her husband pardoned her alone is the pardon
effective?
A. Yes because she was pardoned by her husband
B. No, the pardon should include the man to be effective.
C. Yes, because it is voluntary given by the husband,
D. No, because pardon can only be given by the Chief Executive
70. When a single act constitute two or more grave or less grave felonies, or when an
offense is necessary means for committing the other, the penalty for _____ shall be
imposed in its maximum.
A. The less serious crime C. The most serious crime
B. The light offense D. The most common crime
Questions 71 to 85
Write A if both statements are correct; B if first statement is correct and
the second is incorrect.
C if the first statement is incorrect and the second is correct; D if
both statements are incorrect.
___A_ 71. Subsidiary imprisonment is not an accessory penalty. It is a penalty for it is

imposed upon the accused
and served by him in lieu of the fine which he fails to pay on account of
insolvency.
__B__72. One of the pecuniary penalties of the offender is reparation of the damaged
caused. The pecuniary
Liabilities applies only in case the property of the offender is sufficient for
the payment of all his pecuniary
liabilities.
___C__ 73. The subsidiary personal, liability of the offender is at the rate of one day for
each ten pesos. The convict
who served subsidiary penalty may still be required to pay the fine.
___D_ 74. When the court merely imposes a fine, the subsidiary liability shall not
exceed one year. The proceeds of
the crime as well as the tools and instruments shall be forfeited and
confiscated in favor of the victim.
__A_ 75. The confiscation of the proceeds or tools or instruments of the crime can be
ordered only if they are
submitted in evidence or placed at the disposal of the court. Articles
which are forfeited, when the
order of forfeiture is already final, cannot be returned even in case of
acquittal.
___B__ 76. The penalty prescribed by law for the commission of a felony shall be
imposed upon the principals in the
commission of such felony. According to Art. 47 of the RPC death
penalty may be imposed when
the guilty person be more than 70 years of age.
___C__ 77. A complex crime is not considered as one crime. One of the kinds of
complex crime is when an offense is
A necessary means for committing another crime.
__D___ 78. A continuing crime is not a single crime consisting of series of acts but all
is not arising from one criminal
resolution. In continuing offense, although there is a series of acts, there
are several crimes committed.
__A___ 79. Indeterminate Sentence Law is an act which provide for an indeterminate
sentence and parole for all
persons convicted of certain crimes by the courts of the Philippine
Island. The act shall not apply to
persons convicted of offenses punished with death penalty of life
imprisonment.
___A__ 80. The court must, instead of single fixed penalty, determine two penalties,
referred to in the Indeterminate
Sentence Act as the Maximum and Minimum terms. Indeterminate
Sentence Law does not apply
to those who are habitual delinquents.
___A_ 81. Probation may be granted whether the sentence imposes a term of
imprisonment or a fine only. The
probation law does not apply to offenders sentenced to serve a maximum
of more than six years.
___A__ 82. If the convict is sentenced to a term of imprisonment of not more than one
year, the period of probation
shall not exceed two years. In all other cases, if he is sentenced to more
than one year, said probation
period shall not exceed six years
__B___ 83. Minor delinquents are not confined in a penitentiary to prevent their
association with matured and
hardened criminals. Their confinement in a charitable institution is
considered a penalty.
___C__ 84. Art. 80 of the RPC (Suspension of sentence of minors) is applicable only to
light felonies. If a light
felony is committed by a minor, he is not subject to imprisonment, because
he is entitled to a penalty of
one degree lower at least
___B__ 85. The criminal liability is totally extinguished by service of sentence. It is also
extinguished by means of
parole.
86. It is an exception to the General Characteristic of Criminal Laws.
A. Consul C. Chief of State
B. Commercial representative D. Senators and Congressmen
87. A legislative act which inflicts punishment without judicial trial.
A. Bill of Lading C. Special Law
B. Bill of attainder D. Criminal Law
88. It is a branch or division of law which defines crimes, treats of their nature, and
provides for their punishment.
A. Remedial Law C. Political Law
B. Civil Law D. Criminal Law
89. It is not one of the sources of our Criminal Law.
A. Revised Penal Code C. Courts
B. Special Laws D. Executive Department
90. A body of principles, usages and rule of action, which do not rest for their authority
upon any express and positive
declaration of the will of the legislature.
A. Legislative Law C. Remedial Law
B. Common Law D. Political Law
91. It means that as a rule, penal laws are enforceable only within the territory of
thePhilippines,
A. Territoriality principle C. Retroactivity Principle
B. Generality Principle D. Prospectively Principle
92. According to the classical theory, it states that the purpose of the penalty is
___________
A. Revenge C. Remuneration
B. Retribution D. Pardon
93. In self defense, the burden of proof rest upon the ____________
A. Relative C. Victim
B. Accused D. State
94. In defense of relatives, one of the relatives that can be defended are those
relatives by consanguinity within the
fourth civil degree such as _________________
A. Brothers and sisters C. First cousin
B. Uncle and niece D. Second cousin
95. Relationship by blood refers to relatives by _____________
A. Affinity C. Legislation
B. Consanguinity D. Naturalization
96. A person considered as ___________ is exempt in all cases from criminal liability
A. Insane C. Feebleminded
B. Imbecile D. Epileptic
97. As a rule, ______________ is mitigating in the crimes against property.
A. Intoxication C. Relationship
B. Education D. Sex
98. It is a circumstances present in a crime where it may increase or decrease the
criminal liability.
A. Exempting circumstances C. Alternative circumstances
B. Justifying circumstances D. Mitigating circumstances
99. It is a kind of aggravating circumstance that changes the nature of the
crime. Example treachery qualifies the
killing of a person to murder.
A. Qualifying aggravating C. Specific aggravating
B. Generic aggravating D. Inherent aggravating
100. They are persons criminally liable due to their direct participation in the
commission of the crime.
A. accessories C. Principals
B. Accomplices D. Co-accomplices

Criminal Jurisprudence

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Criminal Jurisprudence

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CRIMINAL JURISPRUDENCE

1. It refers to a territorial unit where the power of the court is to be exercised.

a. It must be issued upon probable cause

4. A detained prisoner is allowed to eat and drink in a nearby restaurant on several

6. It is defined as an accusation in writing charging a person with an offense subscribed

7. The offender who is still undergoing preliminary investigation at the prosecutor’s

11. Can a husband testify against the wife in an adultery case?

a. Yes, the privilege of marital communication rule is already abolished

a. Dangerous tendency rule

13. The following statements are false, EXCEPT.

a. The accused may enter his plea by counsel

16. Requisite before recall of a witness.

18. It refers to the performance of an act that ought not to be done

a. President of the Philippines

a. Parole Evidence Rule

22. Parties or assignors of parties to a case, or persons in whose behalf a case is

24. The following are crimes against chastity, EXCEPT

28. It is a law that partially or totally modifies or changes an existing law.

29. The following felonies do not admit of a frustrated stage, except:

a. Ex post facto law

33. The condition sine-quanon or indispensable element in self defense.

34. Is an agreement made between two or more parties as a settlement of matters in

41. The Judiciary Reorganization Act is otherwise known as –

a. At any time before his arrest

43. A person designated to assist destitute litigants.

44. Which of the following is an example of an afflictive penalty ?

a. Justice or Classical theory

a. Not liable at all

a. Presentation of evidence by the prosecution

a. Any hour of the working day only

54. The following are the requisites of an information except-

57. In determining the probable cause, it is required that-

73. What is the legal term for Nighttime?

74. What is the order of reverse trial?

a. Prosecution-Defense-Rebuttal-Submission for decision

81. A crime punishable by arresto mayor prescribes in:

87. An extra-judicial confession made by an accused shall not be sufficient and

88. The penalty of reclusion temporal prescribes in:

94. The Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal

a. 10 days from receipt

101. A’s statement is inadmissible in evidence against him because –

The right to remain silent cannot be waived

105. Which of the following circumstances affecting criminal liability in general

107. What crime was committed by Angel?

Slight Physical Injuries

File the case directly with the Court

Whether the Barangay Court has no jurisdiction over the case

Slight Physical Injuries

It was not in writing

113. What crime is committed by A?

114. What would be the penalty of A if any?

Arresto Menor or a fine ranging from 200 to 500 pesos

1. Romina Mukhang Dragon, with evident premeditation and treachery killed

7. Factum probans means __.

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

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

13. The Anti-Bouncing Check Law.

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

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

28. Deliberate planning of act before execution.

33. One of the following is an alternative circumstance.

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

55. The law which reimposed the death penalty.