DEPARTMENTAL MCQ EXAMS IN REMEDIAL LAW II

University of Santo Tomas

1. Mr. AA was charged under an information for allegedly raping Ms. VV. During the trial it was
proven that the accused was a member of the Philippine National Police who took advantage of
his position to effect the rape, facts not alleged in the information.

A. The court may consider the above qualifying circumstances to impose a higher penalty in
any event.
B. The court may consider the above qualifying circumstances to impose a higher penalty
because it appears no objection was interposed by the accused during the presentation in
evidence of the above circumstances.
C. The above circumstances may be considered in the discretion of the court.
D. The above circumstances cannot be considered in the judgment because the accused was
such circumstances are not found in the information.

2. Which of the following is inconsistent with the provisions of the Rules of Court?

A. There are some criminal cases which do not need to be filed with the office of the public
prosecutor before an information is filed in court.
B. A criminal action may be instituted without it being filed in court.
C. Only the institution of the criminal action in court shall interrupt the period of prescription
of the offense.
D. In Manila and other chartered cities, the complaint shall first be filed with the office of the
public prosecutor

3. Choose the item which does not reflect a correct procedural principle.

A. The crimes of adultery and concubinage, may as a rule, not be prosecuted by means of an
information.
B. The crime of act of lasciviousness may sometimes be initiated by the victim’s parents if the
former has become an incompetent.
C. If the victim impliedly pardons the accused, she can no longer initiate a complaint for
seduction or abduction.
D. An imputation of adultery cannot, as a rule, be prosecuted through an information.

4. Mr. AA fired at Mr. VV with the intent of killing him. Mr. VV was hit in the neck but the slug went
through his neck and grazed the head of a child standing behind Mr. VV. The child suffered from
less serious injuries.

A. Two separate informations should be filed against Mr. AA.

B. Only one information is to be filed containing the two offenses because of there was only a
single gun that was used.
C. Only one information is to filed against Mr. AA because the offenses were results of a
single act of firing a gun.
D. Only one information should be filed because there was a single criminal intent.
5. Mr. AA drew and issued to Mr. BB a check for P500,000 in Manila drawn against National Bank
located in Makati City. To the consternation of Mr. BB, National Bank dishonored the check for
insufficiency of funds. If later on, Mr. BB decides to initiate an action for violation of the
Bouncing Checks Law, the criminal action should be instituted in

A. Manila alone
B. Either in Manila or Makati City.
C. In Makati City alone.
D. Quezon City alone, the residence of Mr. BB.

6. If it appears at any time before judgment that a mistake has been made in charging the proper
offense, the remedy is

A. to amend the information with leave of court.

B. to amend the information without leave of court.
C. for the court to dismiss the original complaint and file a new one charging the proper
offense.
D. to file a new information charging the proper offense without dismissing the original
complaint unless the accused files a motion to that effect.

7. Which among the following reflects a principle consistent with the Rules?

A. Where an offense is committed inside a bus during its trip, the criminal action shall be filed
only in the court of the place where the offense was committed.
B. The intervention by the offended party in the criminal action is allowed under any
circumstance in order to protect his substantial rights.
C. There are civil actions not deemed instituted with the criminal action.
D. The offended party can only intervene when he is so allowed by the court.

8. The offended party was stabbed by the accused causing serious physical injuries to the former.
During the pendency of the criminal action, the offended party instituted another action for
damages based on the physical injuries he sustained.

A. The accused may move successfully to dismiss the civil action on the ground of litis
pendencia.
B. There is forum shopping in the filing of thee civil action because a civil action is already
impliedly instituted with the criminal action.
C. There is no forum shopping because one case is criminal and the other is civil.
D. The civil action filed constitutes a different source of liability.

9. Which among the following is correct?

A. The death of the accused does not necessarily extinguish any of his civil liability but the
criminal liability is extinguished.
B. The acquittal of the accused after arraignment always extinguishes his civil liability.
C. A final judgment in the civil action absolving the accused is a bar to his criminal prosecution
where the civil action arose out of the offense charged.
D. If the accused dies before arraignment, his civil liability is also extinguished.
10. It is an inquiry conducted by the judge to determine probable cause

A. preliminary investigation
B. preliminary examination
C. either A or B.
D. inquest.

11. Mr. AA was arrested by the police in the act of robbing and shooting his victim dead, thereafter.
Which of the following is correct?

A. Mr. AA is not entitled to a preliminary investigation even if he requests for one.

B. He is entitled to preliminary investigation provided he requests for one and he waives his
right to bail.
C. He will be subject to an inquest proceeding if there is an inquest prosecutor.
D. An information should be directly filed in court because he was caught in flagrante delicto.

12. If the penalty imposed by the trial court is imprisonment exceeding six years,

A. The accused shall not be denied bail unless there is a showing that he is a recidivist or a
habitual delinquent.
B. The accused is entitled to bail as a matter of discretion because the penalty is not life
imprisonment or reclusion perpertua.
C. The accused is entitled to bail as a matter of right.
D. The accused is entitled to bail but the amount fixed should be higher than the usual amount.

13. Which of the following is not consistent with the Rules or jurisprudence?

A. A dismissal on the ground of violation of the right to a speedy trial is equivalent to an

acquittal.
B. A prejudicial question may arise even the first case is filed in an administrative tribunal but
the case is one for specific performance of a contractual obligation.
C. The remedy against an erroneous acquittal of the accused is appeal.
D. A grant of a demurrer to evidence is equivalent to an acquittal.

14. Mr. XX manifested his intent to rape provided the penalty to be imposed would only be five (5)
years imprisonment. The offended party and the prosecutor agreed. He was sentenced to five
(5) years imprisonment. Three months after, the prosecution service wanted to revive the case.

A. Mr. XX who is now serving sentence can invoke double jeopardy.

B. Mr. XX can invoke double jeopardy because his sentence was consented to by the offended
party and the prosecutor.
C. Mr. XX cannot invoke double jeopardy because of waiver.
D. Mr. XX cannot invoke double jeopardy because of a defective plea.

15. Which of the following cannot be used to impeach a witness?

A. Evidence of a prior conviction of the witness.
B. Evidence contradicting the statements of the witness.
 C. The prior inconsistent statements of a witness.
D. Evidence of the bad character of the witness.

16. Which of the following is not hearsay evidence?

A. A testimony telling the court what Pedro told the witness to prove the tenor of the
statement of Pedro.
B. A testimony telling the court what Pedro told the witness to prove the truth of the
statement of Pedro.
C. Dying declaration.
D. Entries in the course of business.

17. Which of the following reflects a correct evidentiary principle?

A. The best evidence rule may be invoked whenever a photocopy of the original document is
offered in evidence.
B. The parol evidence rule absolutely prohibits the offer of evidence aliunde.
C. Secondary evidence may be offered provided the loss of the original is duly proven.
D. The best evidence rule applies whenever the subject of inquiry is the contents of a
document.

18. Mr. PP filed a complaint to recover usurious interests paid to Mr. Defendant. Which of the
following is correct?

A. If Mr. Defendant wants to deny the usurious interest, he has to deny the same specifically
and under oath.
B. Every allegation of usury should be denied specifically and under oath.
C. No judicial admission arises even if there is no specific denial, the matter of usury being
deemed denied by the filing of an answer to the complaint.
D. Mr. Defendant, must, under any circumstance, deny the usury specifically and under oath.

19. Which among the following reflects an erroneous principle?

A. The best evidence rule requires that the subject of inquiry be the contents of the
document.
B. A judicial admission may at times be subject to contradiction by the admitter.
C. Hearsay evidence may be admitted if not objected to.
D. Inadmissible evidence will never be admitted even if no objection is interposed.

20. Which of the following reflects a correct evidentiary principle?

A. When the original is lost, it is sufficient to explain its loss to the court before introducing a
secondary evidence.
B. Character evidence is generally admissible.
C. An ordinary witness is not allowed to express his opinions.
D. Hearsay evidence will be admitted if no objection is interposed by the adverse party.

21. Which of the following is most probably not in accordance with the Rules?
 A. Every notarized document is deemed a public document.
B. Not every public document is prima facie evidence of the facts stated therein.
C. Evidence excluded by the court may still be offered by tendering the same.
D. Public records of a foreign country are also public documents.

22. Mr. XX left a will, one provision of which provides: “I leave unto my nephew, Jose Pineda, my
only house located in Malolos, Bulacan”. After the will was allowed and the estate was in the
process of being distributed to the heirs, legatees and devisees, it was discovered that the
testator has another nephew with the same name but of a different middle name. In a
subsequent litigation between the nephews, which of the following is most probably correct?

A. Parol evidence is not admissible because the ambiguity in the will is patent.
B. The conflict can only be resolved by agreement of the two nephews.
C. Parol evidence is admissible provided the ambiguity and its reason is put in issue in the
pleadings of the parties.
D. Parol evidence is admissible in every case of ambiguity.

23. In order to lay the basis for the offer of secondary evidence by reason of the loss of the original
document, which among the following is not required?

A. Agreement of the parties.

B. Proof of loss.
C. Proof of existence and due execution of the original.
D. Proof that the loss was not due to bad faith of the offerror.

24. One of the following does not state a correct principle. Identify it.

A. As a rule, evidence may be formally offered for the first time on appeal.
B. Evidence not formally offered, shall not, as a rule, be considered by the court.
C. Evidence not admissible as a dying declaration may possibly be offered as part of the res
gestae.
D. Judicial admissions may be implied from the failure to specifically deny a material allegation
of the complaint.

25. As a result of a collision between two cars, Mr. PP was severely injured. Immediately after the
incident, Mr. BB, a bystander, told the criminal investigator that it was Mr. PP who tried to beat
the red light. During the trial, however, he testified that it was Mr. Defendant who tried to beat
the red light.

A. Mr. Defendant may immediately call the investigator to contradict the testimony.
B. The court, upon motion, should strike out the testimony for being inherently contradictory.
C. Mr. BB must first be asked to explain his prior statement to the investigator if he admits
saying so.
D. Mr. BB’s testimony must be considered, it being judicial as opposed to a prior extrajudicial
statement.