CRIMINAL JURISPRUDENCE AND PROCEDURE

1. Where a crime of homicide was committed in Quezon City but the criminal action was
instituted and is to be prosecuted in Malolos, Bulacan, the error is:

a. merely procedural and a motion to quash or dismiss will not lie.

b. one of the venue and the case may be dismissed for improper venue.
c. one of the jurisdiction because in a criminal case venue is jurisdictional.
d. Procedural and the defect is waivable.
e. None of the options.

2. When the offense is committed in a train, aircraft, or other public or private vehicle in the
course of its trip, the criminal action shall be instituted and tried in the court of:

a. any municipality where the vehicle passed during the trip, excluding the place of departure.
b. any municipality where the vehicle passed during the trip, excluding the place or arrival.
c. any municipality where the vehicle passed during the trip, excluding the place of arrival and
departure.
d. any municipality or territory where the vehicle passed during the trip, including the
place of departure and arrival.
e. any municipality regardless of the route of the vehicle as selected by the offended party.

3. The jurisdiction of the court to try a criminal case is to be determined by the statute in force as
of the date:
a. the offense was committed.
b. the criminal action was instituted .
c. when the trial commenced.
d. when the accused was arrested.
e. the date is not material so long as there is a law.

4. In determining whether or not the court has jurisdiction over an offense, the court should
consider:
a. the penalty actually imposed on the accused
b. the penalty borne out of the evidence offered during the trial
c. the extent of the penalty which the law imposes for the offense described in the information
d. the penalty to be imposed considering all the circumstances attending the commission of the
crime
e. the gravity of the offense committed by the accused

5. As a rule, the Court will not issue writs of prohibition or injunction, final or preliminary, to enjoin
or restrain a criminal prosecution, except in extreme cases. Which does not belong to the
exception?
a. Where the court obviously has no jurisdiction over the offense.
b. When double jeopardy is clearly apparent.
c. When there is a prejudicial question that must be resolved first.
d. When a motion to quash has already been sustained.
e. All of the options are correct.

6. Which of the following does not fall under the criminal jurisdiction of the Regional Trial Court?
a. Written defamation under Article 360 of the Revised Penal Code
b. Exclusive appellate jurisdiction over all cases decided by the MTC within its territorial
jurisdiction
c. Violations of the intellectual property rights
d. Violations of the Bouncing Checks Law
e. Case of Murder
7. Which of the following statements characterizes information?
a. It charges a person with an offense against persons.
b. It is subscribed by any peace officer or other public officer charged with the enforcement of
the law violated.
c. It is a sworn written statement.
d. It is an accusation in writing.
e. Subscribed by any public officer charged with the enforcement of the law violated

8. It is not a characteristic of a complaint.

a. It is an accusation in writing.
b. It is a sworn statement in writing.
c. It may be subscribed by the offended party.
d. It charges a person with an offense.
e. Subscribed by any peace officer

9. Before a court can acquire jurisdiction over criminal cases, the following basic requisites must be
present, except:
a. Jurisdiction over all persons suspected to be involved in the commission of the criminal
act.
b. Jurisdiction over the territory where the offense was committed or where any of its essential
ingredients took place.
c. Jurisdiction over the subject matter which refers to the authority of the court to hear and
determine a particular criminal case.
d. Jurisdiction over the person of the accused acquired either through his valid arrest or his
voluntary submission to the jurisdiction of the court.
e. None of the options are correct.

10. Evidence which has some relation to what is sought to be proved

a. relevant b. material c. competent d. admissible

11. It affects an issue in an important or substantial matter.

a. relevant b. material c. competent d. direct

12. Those evidence which are admissible in court are held to be

a. relevant b. material c. competent d. direct
13. Refers to an evidence of the same kind adduced to prove the same fact
a. real b. cumulative c. corroborative d. circumstantial

14. Additional evidence of a different kind but tending to prove the same fact
a. real b. cumulative c. corroborative d. circumstantial

15. Oral testimony given in open court.

a. real evidence b. documentary evidence c. testimonial evidence
d. admission evidence

16. An evidence delivered in open court wherein the witness states that he does not know whether a
fact did or did not occur.
a. positive b. negative c. direct d. circumstantial

17. Evidence which is sufficient to prove an issue unless overcome or rebutted by other evidence.
a. primary b. secondary c. prima facie d. best

18. Given by a person of specialized knowledge in some particular field

a. primary b. best c. secondary d. expert

19. That kind of evidence which cannot be rebutted or overcome

 a. primary b. best c. real d. conclusive

20. Legal basis of inadmissibility of evidence obtained thru torture, violence or intimidation.
a. Sec. 2 of Bill of Rights
b. Sec. 3 of Bill of Rights
c. Sec. 12 of Bill of Rights
d. Sec. 17 of Bill of Rights

21. If the evidence presented in a criminal proceeding is at equipoise, what should the court do with
the case?
a. the Court will conduct re-trial of the case again
b. the Court will convict the accused
c. the Court will acquit the accused
d. the Court will convict the accused to a lesser offense

22. Written instruments or derived from conventional symbols, such as letters, by which ideas are
represented on material substances.
a. relevant evidence c. object evidence
b. documentary evidence d. material evidence

23. An evidence directed to prove a fact in issue.

a. collateral c. relevant
b. cumulative d. material

24. Refers to the question of whether or not the evidence is to be considered at all.
a. probative value c. credibility
b. admissibility d. demeanor

25. It is the mode and manner of proving competent facts.

a. evidence c. factum probandum
b. testimony d. quantum

26. Collateral matters are sometime referred to as

a. parallel lines c. diverging lines
b. additional evidence d. all of the above

27. The test of relevancy of evidence is

a. more on law and rules c. legal prohibitions
b. logic and common sense d. none of the above

28. An evidence submitted to the court through testimony or deposition.

a. testimonial c. documentary
b. demonstrative d. object

29. Evidence of the same kind and to the same state of facts
a. corroborative c. cumulative
b. conclusive d. hearsay

30. When a witness affirms that a fact did not occur.

a. positive c. prima facie
b. negative d. best evidence

31. The criminal liability of a 9 year old or below.

a. mitigated c. complete
b. aggravating d. exempted
32. Any unjust or improper conduct or act of the offended party, capable of exciting, inciting or
irritating anyone.
a. provocation c. aggression
b. vindication d. passion

33. If present in the commission of the crime, it does not entirely free the actor from liability, but
serve only to reduce the penalty.
a. aggravating c. commutation
b. mitigating d. reprieve

34. Crimes not triable in the courts of that country unless their commission affects the peace and
security of the territory.
a. Philippine rule c. American rule
b. English rule d. French rule

35. It has the authority, under its police power, to define and punish crimes.
a. police c. state
b. judge d. NBI

36. The offense done when a private individual shall kidnap or detain another for more than 3 days.
a. kidnapping c. serious illegal detention
b. kidnapping and serious illegal detention d. deprivation of liberty

37. Any person who, not authorized by law, shall arrest or detain another to deliver him to proper
authorities committed –
a. delivering prisoners from jail c. illegal detention
b. arbitrary detention d. unlawful arrest

38. The crime of rape is now considered crimes against –

a. immorality c. persons
b. indecency d. chastity

39. Simple rape is punishable by-

a. death c. life imprisonment
b. reclusion perpetua d. reclusion temporal

40. The penalty imposed when on occasion of rape, homicide is committed –

a. reclusion temporal c. death
b. reclusion perpetua d. destierro

41. Indicates deficiency of action.

a. negligence c. imprudence
b. lack of skill d. lack of foresight

42. It usually involves lack of foresight.

a. negligence c. deficiency of action
b. imprudence d. deficiency of perception
e. none of the above

43. Misapprehension of fact on the pact of the person who caused injury to another.
a. mistake of fact c. mistake in blow
b. mistake in identity d. honest mistake
e. mistake

44. Wrongful from their nature

a. malicious c. special laws
b. mala in se d. statute
45. The moving power which impels one to action for a definite result
a. intent c. delineate intent
b. movie d. malicious intent

46. The crime committed when any person promote the prostitution of persons under age to satisfy
the lust of another.
a. prostitution c. white slave trade
b. corruption of minors d. immorality

47. Rising publicly and taking arms against the government.

a. treason c. disloyalty
b. sedition d. rebellion

48. A swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against
duly constituted authorities of the Republic of the Philippines.
a. insurrection c. coup d’ etat
b. sedition d. rebellion

49. This is committed by persons who rise publicly and tumultuously to prevent the promulgation of
any law.
a. sedition c. anti-subversion
b. treason d. disobedience

50. Can sedition be committed by one person?

a. yes c. not sure
b. maybe d. no

51. A person punches another with his fist and knocked him down and a horse near them jumped
upon him and killed him. Was the assailant liable?
a. no c. self-defense
b. yes d. accident

52. All the element necessary for its execution and accomplishment are present.
a. frustrated c. attempted
b. consummated d. cosumated

53. The offender performs all the acts of execution which would produce the felony as a consequence
but which nevertheless, do not produce it by reason of causes independent of the will of the
perpetrator.
a. frustrated c. attempted
b. consummated d. cosumated
e. none of the above

54. Mr. A bought poison from a drug store in preparation for the killing of Mr. B by means of poison,
such is:
a. over act c. frustrated
b. consummated d. preparatory act

55. At dawn, Mr. A was surprised by a policeman while in the act of making an opening with an iron
bar on the wall of a store. What crime was committed?
a. attempted rubbery c. attempted trespass to dwelling
b. attempted theft d. violation of domicile
e. none of the above

56. Direct assault is qualified when –

a. committed with a weapon c. offender is a public officer
 b. offender lays hands upon authority d. any of the choices

57. A public officer who, not being authorized by judicial order, enters a dwelling against the will of
the owner committed –
a. trespass to dwelling c. forcible entry
b. unlawful entry d. violation of domicile

58. Any person who shall mutilate coins of the legal currency of the Philippines committed –
a. forgery c. falsification
b. mutilation of coins d. uttering false notes

59. Reason for punishing forgery.

a. to maintain integrity of the currency c. prevent imposition on the public of worthless notes
b. insure credit standing of government d. any of the choices

60. An out-of-school youth proudly wears in public and improperly make use of uniform of the PNP,
committed-
a. usurpation of authority c. usurpation of rank
b. usurpation of title d. illegal use of uniform

61. Burning of a church is –

a. arson c. malicious mischief
b. destructive arson d. none

62. The imposable penalty when the rape committed is against a victim below 7 years old.
a. life imprisonment c. reclusion temporal
b. death d. reclusion perpetua

63. Killing another person in consideration of a price, reward or promise.

a. murder c. parricide
b. homicide d. infanticide

64. The violence must be applied against whom in robbery?

a. Offender c. public officer
b. property d. person

65. After snatching the money from his hand, the offended party was pushed to prevent him from
recovering the seized property, what is the crime?
a. theft c. unjust vexation
b. robbery d. physical injuries

66. In prescription of crime, crimes punishable by death prescribes in –

a. 10 years c. 20 years
b. 15 years d. 5 years
e. 6 months

67. During the first 2 years of imprisonment, a prisoner shall be allowed a deduction of how many
days for each month of good behavior?
a. 5 c. 10
b. 8 d. 15
e. none

68. Theft of firearm and illegal possession of the same firearm constitutes what crime?
a. complex crime proper c. two distinct crimes
b. only one crime d. compound crime
69. Where the victim was taken from his home but it was solely for the purpose of killing him and
not for detaining him illegally for any length of time, what crime was committed?
a. kidnapping c. murder
b. kidnapping and murder d. kidnapping with murder
e. none

70. Placing a weapon in the hand of the deceased who was killed by his friend, to make it appear that
his friend had killed the victim in self-defense is-
a. an accessory c. a principal
b. an accomplice d. principal by participation
e. none

71. Where A, knowing that B and C had killed X, buried the corpse to prevent the discovery of the
killing is –
a. an accessory c. principal by cooperation
b. an accomplice d. principal by participation
e. none

72. A person who has not participated on the actual kidnapping contacted the parents of the victim to
negotiate the delivery of ransom money is:
a. an accessory c. principal by cooperation
b. an accomplice d. principal by participation
e. none

73. Homicide or murder is committed with the use of unlicensed firearm is:
a. mitigating c. exempting
b. aggravating d. justifying
e. none

74. Unless otherwise contrary to law, a crime committed by an offender under the influence of
dangerous drugs is –
a. qualifying aggravating c. justifying
b. aggravating d. mitigating

75. What aggravating circumstance when the accused escape through the window.
a. unlawful entry c. trespass to dwelling
b. forcible entry d. violation of domicile
e. none