Day1 Mockboard Criminal Law

CRIMINAL LAW (BOOK 1) 1 TO 18 (18 POINTS):
1. The felony is said to be when the law attaches capital punishment of afflictive penalties.
A. Grave C. Serious
B. Less Grave D. Light
2. Which of the following must be considered in determining whether the crime committed is only attempted, consummated or
frustrated?
A. Manner of commission C. Nature of the offense
B. Elements constituting the felony D. All of these
3. If an offense was committed by a Singaporean national on board a Singapore airlines plane about to land at the Davao
International Airport, what penal law will apply?
A. Japanese law C. Singapore law
B. Philippine Law D. International law
4. Ambassadors or heads of states 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 characteristics of Criminal Law which is:
A. Immunity C. Generality
B. Territorial D. Prospectivity
5. Refers to the power of the state to define and punish crime?
A. Police power C. Executive power
B. Legislative power D. Power of eminent domain
6. This theory advocates that the purpose of punishment under criminal law is the protection of the society from the actual and
potential wrong doer.
A. Classical theory C. Positivist Theory
B. Penology D. Utilitarian Theory
7. What are the infraction of mere rules of convenience designed to secure a more orderly regulation of the affairs of society.
A. Mala per se C. Felonies
B. Misdemeanor D. Mala Prohibita
8. What circumstances can be considered aggravating with the slaying of an 85 years old man?
A. Abuse of confidence C. Assault upon elders
B. Neglect of Elders D. Disregard of age and sex
9. Who are criminally liable , when having knowledge of the commission of the crime, without having principally participated
therein, takes part subsequently to the commission, either in profiting, by the effects of crime, or by concealing or destroying the
body of the crime?
A. Witnesses C. Accomplice
B. Principals D. Accessories
10. Refers to a legislative act which inflicts punishment without trial.
A. Bill of Attainder C. writ of habeas corpus
B. Legislative Contempt D. writ of Amparo
11. The legal term "DELICTO COMPUESTO" (compound crime) is best described as
Prudence Research & Review Center: Criminal Jurisprudence Exam Part Two Page 1
A. two acts producing two or more grave or less felony
B. a single producing two or more grave or less felony
C. a crime as a necessary means of committing another crime
D. a single act producing two or more grave or light felony
12. Which of the following is not the requisite for self - defense
A. Unlawful aggression
B. Lack of Intent on the part of the person defending himself
C. Lack of sufficient provocation on the part of the person defending himself
D. reasonable necessity of the means employed to prevent or repel it
13. Refers to quality wherein an act may be attributed to a person as the holder or author.
A. Culpability C. Responsibility
B. Imputability D. Liability
14. What rule provides that when a crime is committed on board a foreign vessel while that vessel is in the territory of another
country, the crime shall be tried under the law of the territory where it is committed?
A. Philippines rule C. French rule
B. Japanese rule D. English rule
15. The term "abberatio ictus" means.
A. Mistake of the blow C. Ignorance of the law
B. Mistake of Facts D. Mistake of identity
16. Allen and Ben are both Filipino citizen, they took tour in Singapore and while in Singapore Allen attacked Ben for no valid
reason. Can Ben file a case against Allen in the Philippines for physical injuries?
A. Yes, because they are both Filipino citizens
B. No, because the crime was committed outside the Philippines
C. Yes, because the crime has been committed
D. Neither A and B are correct
17."Ignorantia Facti Excusat" refer to.
A. Mistake if Fact C. Ignorance of the law
B. Mistake of the blow D. Mistake of Identity
18. Refers to the forfeiture of the right of the state to execute the final sentence after a certain lapse of time.
A. Degree of Penalty C. Prescription of the crime
B. Period of the Penalty D. Prescription of the Penalty
1.2 CRIMINAL LAW BOOK 2 (19 to 55) 37 POINTS
19. Congressman Mikey while on the way to attend a senate session was arrested by SPO4 Dela Pena of the HPG for a traffic
violation. What is the liability of the police officer?
A. Violation of Parliamentary immunity C. Crimes against public order
B. Usurpation of Authority D. Crimes against popular representation
20. Within how many hours a person arrested for the commission of an offense punishable by afflictive penalties must be
delivered to the proper judicial authority?
A. 12 hrs C. 36 hrs
B. 18 hrs. D. 18 hrs.
21. PO2 Nilo Santos was stabbed while patrolling along a dark alley of his beat, he died on the spot due to three stab wounds on
his back and the perpetrator took his wallet and service firearms. What crime was committed?
A. Murder C. Robbery with Homicide
B. Robbery D. Homicide and Robbery
22. PO3 Castro without any search warrant went inside the house of Alberto, who was charged with robbery. Alberto did not stop
him or say anything while his house was being searched. What crime was committed by PO3?
A. Trespass to dwelling C. Illegal search
B. Violation of Domicile D. NONE
23. Under Republic Act No. 9262 Order may be issued for the purpose of preventing further acts of violence against a woman or
her child. this may be filed by any of the following, except.
A. Barangay Chairman C. City of Municipal Mayor
B. lawyer of the victim D. Barangay Kagawad
24. What crime exist when a single act constitutes two or more grave or less grave felonies or when an offense is necessary means
for committing the other?
A. complex C. continuing
B. composite D. compound
25. Johnny was able to have sex with his girlfriend by promising her with marriage and a car. What crime was committed?
A. Rape C. Seduction
B. Abduction D .Acts of Lasciviousness
26. In what instances 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 are clear
27. A male student ripped the dress of a teachers are rubbed his penis over the woman's genital without taking off her
underwear is liable for What crime?
A. Seduction C. Accidental crime
B. Act Lasciviousness D. Rape
28. An act which would be an offense against persons or property was if not the inherent impossibility of its accomplishment.
a. Compound crime c. Accidental crime
b. Complex Crime d. Impossible crime
29. Under R.A 9262, this order may be issued for the purpose of preventing further acts of violence against a woman or her child?
a. Restraining Order d. Protection Order
b. Prohibitory Order e. Writ of Amparo
c. Cease and Desist Offender
30. Under R.A 9344, a child who vulnerable to and at the risk of committing criminal offenses because of personal, family and
social circumstances is referred to as:
a. child risk c. Child in Conflict with people
b. Unwilling Child Offender d. Child in Conflict with the law
31. Pedro Recruited several women in their barangay to engage in the sex trade, what crime was committed?
a. Slavery c. Prostitution
b. Trafficking in person d. white slave trade
32. Police operatives in order to ensure conviction of the suspect, were caught in the CCTV camera planting evidence. they may be
held liable for what offense?
a. Libel c. Slander by deed
b. Slander d. Incriminatory Machination
33.Mary Jane a University Professor having carnal knowledge with her student is guilty of what crime?
a. Rape c. Qualified seduction
b. Abduction d. Acts of Lasciviousness
34. PO1 Jose stole a pistol of his COP from the locker using the owners key, what crime was committed?
a. Robbery c. Theft
b. Damage of property d. Estafa
35. What crime would be charged against a domestic helper who was caught in the act of carting away appliances and jewelries of
her employer?
a. Theft c. Qualified thief
b. Robbery d. Estafa
36. Alex and Brian are board mates. Brian went out from their boarding house. Alex put a chair to block the door. Suddenly, a
person is forcing to open the door blocked with chair. Ask the person forcing to open the door, the person is not responding. Alex
went to kitchen to get a knife, Brian forced to open the door. Then Alex struck Brain with the knife. Brian died. What crime was
committed by Alex?
a. mistake of blow c. mistake in fact
b. error in personae d. mistake of identity
37. There is a Married woman having sexual intercourse with her driver Joey not her husband. What crime is committed?
a. adultery c. seduction
b. Concubinage d. Acts of Lasciviousness
38.. Mr. Burned the car of his dead victim Miss C to hide the body of the crime? What crime was committed?
a. Murder c, Homicide with arson
b. Complex crime d. Arson with Homicide
39. What a crime is committed by a police officer who refrains from arresting a person who has committed a crime punishable by
reclusion perpetua in exchange for money?
a. Direct Bribery c. Bribery
b. Indirect Bribery d. Qualified Bribery
40. Alma, a receiving teller of the Cooperative Saving Bank, Taking advantage of her position, appropriated the amount of P100,
000.00 that she had in her possession. What crime did Alma commit?
a. Theft c. estafa
b. Qualified Theft d. Malversation
41. Under Republic Act No. 9165, What is the penalty for a PDEA agent found guilty of planting any dangerous drugs and /or
controlled precursor and essential chemical, regardless of quality and purity?
a. 12 years and 1 day to 20 years imprisonment and a fire ranging from 100, 000.00 to 500,000.00
b. Life imprisonment to death and fine ranging from 500,000.00 to 10,000,000.00
c. Imprisonment of 20 years and 1day to life and a fine ranging from 400,000.00 to 500,000.00
d. Death Penalty
42. Joey Impregnated his girlfriend Chona. Luis, Chonas father, got mad and threatened Joey of bodily harm if he will not marry if
he will not marry his daughter. What Crime Luis has committed?
a. Grave threat c. Attempted physical injuries
b. Grave coercion d. Attempted homicide
43. Which of the following is not a private crime?
a. Abduction c. Acts of Lasciviousness
b. Seduction d. Bigamy
44. The offense of open disobedience is committed by any ____or ______officers
a. Judicial, Legislative c. Judicial Superior
b. Judicial, Executive d. Legislative, Executive
45. Which of the following is not an element of self-defense?
a. Unlawful aggression
b. Obedience to superior order
c. Lack of sufficient provocation on the person defending himself
d. Reasonable necessity of the means employed to prevent or repel the attack
46. Felony committed by any person who shall deprive another either totally or partially of organs of reproduction.
a. Abortion c. Slight Physical injuries
b. Mutilation d. Serious Physical injuries
47. what is the validity period of search warrant?
a. 48 hrs. c. 10 days
b 72 hrs. d. 15 days
48. Where shall the arresting officer immediately bring an arrested wanted person?
a. Prosecutor c. Nearest police station jail
b. Issuing Judge d. Nearest court
49. How Many day does a child that was born before the marriage can be presumed as legitimate?
a. 181days d.180 days
b. 191days e. 190days
c. none of these
50. Which of the following is authorized to search for any evidence in the computer hardware?
a. Logistic Officer c. Computer Supplier
b. Computer Engineer d. Computer Forensic Expert
51. Under R.A 9262, which of the following orders may be issued for the purpose of preventing further acts of violence against a
woman or her child?
a. Temporary c. Protection order
b. Prohibitory d. Cease and Desist Order
52. What is the period of prescription of crimes punishable by reclusion perpetua, reclusion temporal, and or death?
a. Five years c. Fifteen years
b. Ten years d. twenty years
Criminal Evidence, 56 to 70(15points)
56. Which of the following must be established as evidence in addiction to sexual intercourse in cases of rape?
a. Sterility of the offender
b. Resistance on the part of the woman victim
c. Use of force or intimidation by the offender
d. all of the forgoing
57. Which of the following evidence of the same kind to that is already given?
a. corroborative evidence c. "Factum evidence"
b. cumulative evidence d. Testimonial evidence
58.The following are instances where the court may refuse the introduction of objector or real evidence and rely on the evidence
alone. expect:
a. The object would be confusing or misleading in the fact or issue
b. The presentation of the object is necessary in the interest of justice
c. The exhibition of such object is contrary to public policy, morals or decency
d. The exhibition of the object would only result delay and unnecessary expenses out of proportion to the evidentiary value of
such object.
59. Which of the following types of evidence properly described as "illustrative evidence"? The purpose of which is hold the judge
to visualize object and scenes pertinent to the case. It is also useful to police officer and other witness in describing the scenes of
the crime.
a. X-ray and Photograph c. Fingerprints, Footprints and palm prints
b. Maps, Diagrams and Sketches d. Video tapes and tape recording
60. These are evidence which results in the greatest certainty of the question.
a. Primary or best evidence c. Competent evidence
b. Secondary evidence d. Conclusive evidence
61. When is the evidence presented in court for admissibility considered relevant to the issue?
a. when it is not immoral
b. when it is repugnant in taste
c. when it is not excluded by the rules
d. when it has a direct bearing and actual connection to the facts and issues
62. It refers to proof of fact or series of fact which taken singly or collectively gives rise to an inferences that a particular fact
indeed exist.
a. Cumulative evidence c. Conclusive evidence
b. Corroborative evidence d. Circumstantial evidence
63. Which of the following are the three categories of evidence as classified by the Rules Court?
a. Object, Testimonial and Real evidence
b. Real, Direct and Testimonial Evidence
c. Material, Direct and Object Evidence
d. Object, Documentary and Testimonial Evidence
64. This class of evidence is also referred to as Autoptic Preference since they are exhibited or presented in open court in
order for the judge to arrive at a proper conclusion.
a. Testimonial Evidence c. Parental privilege
b. Documentary d. Object evidence
65. Which of the following is required by rules for an evidence to be admissible?
a. Primary and best evidence
b. Direct and Material to the issue of the case
c. Relevant to the issue and competent
d. Material and conclusive to the fact in issue
66. Which of the following may be used as evidence in judicial proceeding?
a. Filial privilege c. parental privileged
b. Privileged conversation d. dying declaration
67. A declaration of dying person and without any hope of recovery concerning the facts and circumstances under which the fatal
injury was inflicted may be offered as evidence at the trial of the person charged having caused the death of the declarant. this
declaration is also known as:
a. Ante Mortem Statement c. Privilege Communication
b. A Dead Man Statute Rule d. A Statement of a Res Gestae
68. It refers to an oral testimony given in open court.
a. Admission evidence c. Testimonial evidence
b. Documentary evidence d. Real evidence
69. it is a bar which precludes a person from denying or asserting anything to the contrary of established truth.
a. Res Gestae c. Estoppel
b. Burden of proof d. Burden of evidence
70. When can the adverse party object to any testimonial evidence presented?
a. During cross examination
b. After the testimony of the writ
c. After the direct examination of the witness
d. At any time and as soon as the grounds the therefore become reasonably apparent
CRIMINAL PROCEDURES 71 TO 93(23 POINTS)
71. All except one are valid venues, where may petition for suspension of criminal action by reason of pending prejudicial
question in a civil proceeding.
a. office of the prosecutor
b. The court where criminal case is pending
c. The court conducting investigation
d. The court where civil case is pending
72. Which of the following is not an essential requisite of a complaint or information?
a. it must be in writing
b. it must be filed in court
c. it must be filed with the office of the prosecutor
d. it must be in the name of the People of the Philippines
73. Which of the following is not necessary in fixing the amount of bail?
a. Health and age of the accused
b. Character and reputation of the accused
c. Probability that the accused will appear in the trial
d. None of these
74. All except one are authority to conduct a preliminary investigation.
a. MTC judges c. PNP Chief
b. Provincial Prosecutors d. City Prosecutors
75. If there was error or irregularity in the course of the trial, which remedy is available to the accused that was found guilty?
a. Appeal c. Escape or evade sentence
b. Assassinate the Judge d. Motion for reconsideration
76.how many days is allowed by the rules for the accused to request for preliminary investigation after learning that a complaint
or information has been filed without a preliminary investigation?
a. Five(5) days c. Fifteen (15)days
b. Ten(10)days d. Thirty(30)days
77. The Judgment rendered by the trial court changes the nature of the offense from a non-bailable to bailable. Where can the
bail application be resolved?
a. Trial Court d. Regional trial Court
b. Appellate Court d. Metropolitan Trial Court
78. the jurisdiction of the court over the person of the accused is conferred or acquired either by the following,: except_______.
A. Filing of an application for bail C. Voluntary surrender
B. Voluntary appearance in court D. Under house arrest
79. The Philippines Congress enacted RA 7877 on February 14, 1995 primarily to protect women from sexual harassment in
specified places and activities. this law is also known as the:
A. Gabriela Silang Act of 1995 C. Anti Sexual Harassment Act 1995
B. Womens Dignity Act 1995 D. Anti- Violence Against Women and their Children
80.The Jurisdiction of courts in criminal case is determined by the extend of the penalty which the law imposes for the offenses
charged with the offense. the statement is:
A. Absolutely true C. Probably true
B. Absolute false D. Probably false
81. Which of the following Courts exercises jurisdiction over cases involving R.A 3019?
A. Municipal Trial Court C. Supreme Court
B. Regional Trial Court D. Sandiganbayan
82. The Following persons are authorized to institute or commerce criminal actions, expect
A. Peace officer C. The Spouse or relative of a deceased victim
B. Prosecutor D. Public officer charged with the enforcement of the law
83. Which of the following special courts are also authorized to try or hear criminal cases?
A. Sandiganbayan and Ombudsman
B. Sandiganbayan and Court of Tax Appeal
C. Sandiganbayan and Family Court
D. Sandiganbayan and Human Right Commission
84. Any violation of the Comprehensive Dangerous Drugs Act of 2002 regardless of the impossible penalty, except when one of
the parties involved is a minor is cognizable by what court?
A. Family Courts C. Lower Courts
B. Municipal Trial Courts D. Regional Trial Court
85. Which of the following procedures in observed in witness examination?
A. Direct ,re-direct, cross, re-cross examination
B. Direct, Cross, Re - direct, re - cross examination
C. Cross, direct, re-direct, re -cross examination
D. Cross, direct, re -cross, re -direct examination
86. It refers to a territorial unit where the power of the courts to be exercised.
A. Jurisdiction C. Trial Courts
B. Venue D. Territory
87. Under the New Constitutions, who is empowered to order or changed the venue or place of trial in order to avoid
miscarriage of justice?
A. The President C. Supreme Court
B. Department of Justice D. Court of Appeals
88. The accused was convicted before the Regional Trial Court. If the issue on appeal is purely legal one, where shall
the accused file the case?
A. Court of Appeals C. RTC that has the jurisdiction
B. Supreme Court D. Accusatorial System
89. Preliminary Investigation is one of the features of the what system of criminal procedure?
A. Criminal Justice System C. Inquisitorial System
B. Inquest Proceeding System D. Accusational System
90. When may the accused admitted to bail be allowed to question the legality of his arrest?
A. Before Trial C. Before arraignment
B. Before Conviction D. Before the Preliminary
91. A warrantless arrest can be made by a peace officer or a private person when, in his presence, the person to be
arrested has committed an offense. the phrase "in his presence" was interpreted to mean that except.:
A. The officer or private persons sees the offense although at a distance
B. The officer or private person hears the disturbance
C. There is disturbance created thereby and the officer or private person proceeds at once to the scene of the crime
D. The officer or private person must be at least the distance of 2-5 meters away from the incident
Problem: (92 to93) Joel was caught in flagrante delicto of killing sonny by SPO1 Reyes. After Joel was booked the San pedro
Police Station, SPO1 Reyes executed an affidavit of arrest, Likewise, the relatives of the victim and witness give their respective
sworn statement to the police.
92. Under the rules, the case against Joel should be immediately referred to:
A. Investigator for the tactical interrogation
B. Prosecutor for Preliminary investigation
C. Investigation for custodial investigation
D. Prosecutor for inquest proceeding
93. In the absence or unavailability of the prosecutor the criminal complaint for homicide against Joel may be filed
directly in court by whom?
A. The Spouse or relatives of the victim C. The judge
B. The Police Officer D. The Defense counsel
PRATICE COURT/ COURT TESTIMONY 94 TO 100(7POINTS)
94. Which of the following is the role of police officers during judicial proceeding?
A. To act as an expert witness C. to protect the accused
B. To protect the judge D. to serve as witness
95. During the roll call, which of the following statement usually spoken by the prosecutor in a criminal case?
A. "for the plaintiff your honor C. Rebuttal evidence
B. "For the state your honor, ready D. Sub- rebuttal evidence
96 What is the next step for the order of trial after the evidence of the is presented?
A. Cross Examination C. Rebuttal Evidence
B. Presentation of evidence by prosecution D. Sub rebuttal Evidence
97. It refers to as the lawyer for the plaintiff.
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A. public prosecutor C. Private Prosecutor
B. Counsel de officio D. attorney in fact
98. When an objection has been made to testimony of the witness and the judge orders that it be sustained, it means
that the witness.
A. Is instructed to sit down
B. Is allowed to continue and answer
C. is instructed to get out of the witness stand
D. Is not allowed to answer the question directed by the counsel
99. This happens when the trial judge enters the courts room and the clerk or bailiff announces his presence.
A. Order of the court C. Order of trial
B. Roll Call of cases D. Call to order
100. It literally refers to a friend of the court, one with a strong interest in or views on the subject matter
of an action but not a party to such action.
A. Amicus Curiae C. Private Prosecutor
B. Attorney In fact D. Counsel De officio
FINAL EXAMINATION
IN CRIMINAL LAW (BK I)
MULTIPLE CHOICE
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 _____
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.
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
67. During the 6th 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
fourth civil degree such as _________________
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
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
GOOD LUCK
FINAL EXAMINATION
(Law 2 – Criminal Law 2 (Book 2)
SY2011-2012/2nd Semester
INSTRUCTION: Select the correct answer for each of the following questions. Mark only one
answer for each item by shading the space corresponding to the letter of your choice on the
answer sheet provided. STRICTLY NO ERASURES ALLOWED.
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?
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?
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?
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

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
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?
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?
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
-----NOTHING FOLLOWS-----
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 thePhilippines 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
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
A. secondary evidence
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
C. preliminary investigation
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 branch or division of law which defines crimes, threats of their nature and
provides for their punishment.
A. criminal evidence
B. criminal law
C. criminal jurisprudence
D. criminal procedure
2. These are the characteristics of criminal law, EXCEPT:
A. generality
B. territoriality
C. constitutionality
D. prospective
3. These are the exceptions to generality.
A. public international law
B. treaty stipulations
C. preferential application
D. ex-post facto law
4. These are the elements of felony, EXCEPT:
A. acts or omission
B. punished by RPC
C. punished by laws
D. deceit or fault
5. These are the requisites of mistake of fact as a defense, EXCEPT:
A. act done would have been
B. intention of the accused must be
C. resulting injury is due to the act of victim
D. mistake must be without fault or carelessness
6. The offender perform all acts of execution which would produce a felony as a
consequence, but which do not produce it by reason of causes independent of the
will of perpetrator.
A. Consummated
B. Frustrated
C. Attempted
D. all of the above
7. When two or more persons come to an agreement concerning commission of felony
and decide to commit it.
A. Treason
B. Rebellion
C. conspiracy
D. sedition
8. Law attaches capital punishment or penalty or any of their periods are afflictive.
A. less grave
B. grave
C. less serious
D. light
9. Are those which, if present in the commission of the crime, do not entirely free the
actor from criminal liability?
A. justifying circumstances
B. exempting circumstances
C. mitigating circumstances
D. aggravating circumstances
Prudence Research & Review Center: Criminal Jurisprudence Exam Part ThreePage 46
10. Those which, if attendant in the commission of crime, served to increase the
penalty but without exceeding the maximum penalty prescribed by the law.
A. aggravating circumstances
B. alternative circumstances
C. exempting circumstances
D. less serious
11. These are the elements of self-defense, EXCEPT:
A. unlawful aggression
B. sufficient provocation
C. reasonable necessity
D. elements of self defense
12. These are the elements of irresistible force, EXCEPT:
A. an act is required by law to be done
B. compulsion is by means of physical force
C. physical force is irresistible
D. physical force comes from a third person
13. These are the elements of uncontrollable fear, EXCEPT:
A. threat which causes fear is of an evil greater or at least equal to that he is
required to commit
B. promise an evil of such gravity and imminence ordinary man would have
succumbed
C. all of the above
D. none of the above
14. These are the elements of insuperable or lawful cause, EXCEPT:
A. an act is required by law to be done
B. person committed a crime but no penalty
C. person fails to perform such act
D. failure to perform due to insuperable cause
15. It is an aggravating circumstance that applies to a particular felony like cruelty in
crime against person.
A. generic
B. specific
C. qualifying
D. inherent
16. When the offender has committed offenses which are embraced in the same title of
the Revised Penal Code, he is -
A. habitual delinquent
B. quasi-recidivist
C. recidivist
D. reiteracionist
17. The following elements must be proved by the prosecution in evident
premeditation, EXCEPT:
A. time when the offender determined to commit the crime
B. based upon external acts and must be evident
C. act manifestly indicating determination
D. sufficient lapse of time between determinations
18. These are the requirements of alternative circumstances, EXCEPT:
A. relationship
B. intoxication
C. degree of education
D. drug addiction
19. These are the principals in the commission of grave, less grave and light felonies,
EXCEPT:
A. take direct part in the commission of crime
B. directly by force or induce others to commit it
C. has intention to procure commission of crime
D. cooperate in the commission of offense by another
20. These are the effects of pardon made by the Chief Executive to convicted criminal
offenders, EXCEPT:
A. extinguishes criminal liability
B. right to vote and be voted upon
C. does not exempt payment of civil liability
D. does not restore right to hold public office
21. The elements of complex crime proper are as follows, EXCEPT:
A. that at least two offenses are committed
B. that one or some of the offenses must be
C. both the offenses must be punished by the same statute
D. several light felonies resulting from single act
22. It is a single crime consisting of series of acts arising from one criminal action.
A. complex crimes
B. continuing crime
C. compound crime
D. impossible crime
23. It is a minor who is over 9 years, but under 18 years of age at the time of
commission of an offense.
A. juvenile delinquents
B. youthful
C. delinquent minors
D. delinquent children
24. It is an act committed or omitted in violation of a public law forbidding or
commanding it.
A. crime
B. felony
C. infractions
D. offenses
25. This is otherwise known as the Revised Penal Code of the Philippines.
A. Act No. 3815
B. PD 1508
C. Admin. Order No. 94
D. Act No. 3851
26. These are the elements of the crime of treason, EXCEPT:
A. the offender is a Filipino citizen or an alien residing in the Philippines
B. there is a war in which the Philippines is
C. the offender is either levies against the government or adhere to the enemies,
giving them aid or Comfort.
D. breach of allegiance to a government committed by a person who owes
allegiance to the government
27. It is forcible depredation on the high seas, without lawful authority and done with
animo flurandi and in the spirit and intention of universal hostility.
A. Mutiny
B. Piracy
C. Robbery
D. qualified piracy
28. These are the elements of the crime of arbitrary detention, EXCEPT:
A. the offender is a public officer or employee
B. that he detains a person
C. the detention is without legal grounds
D. a person is detained in confinement
29. These are the crimes known as the violation of domicile, EXCEPT:
A. opening of tables and drawers by the police
B. entering a dwelling against the will of the owner
C. search warrant maliciously and abusively served
D. searching domicile without witnesses
30. It is committed by rising publicly and taking arms against the government, depriving
the Chief Executives and Legislature of the powers and prerogatives.
A. rebellion
B. coup d’ etat
C. sedition
D. treason
31. It is a swift attack, accompanied by violence, intimidation, threat, strategy or stealth,
directed against duly constituted authorities.
A. Rebellion
B. Sedition
C. coup d’ etat
D. disloyalty
32. It is known as the Violence Against Women and Their Children Act.
A. RA 8553
B. RA 7659
C. RA 9262
D. RA 7610
33. It is an order in writing issued by the judge commanding any peace officer to search
the premises and seize the property described therein and bring it before the court.
B. subpoena duces tecum
C. search warrant
D. seizure order
34. These are the elements of direct assault as crime against public order, EXCEPT:
A. the offender employs force or intimidation
B. the aim of the offender is to attain rebellion
C. that there is no public uprising
D. without uprising on the occasion of such performance
35. These are the elements of direct assault as crime against persons, EXCEPT:
A. the offender makes an attack
B. the person assaulted is a person in authority
C. there is no public uprising
D. the overt-act performed is against public order
36. These are the elements of the crimes of indirect assault, EXCEPT:
A. that a person is in authority is the victim
B. that a person comes to the aid of such authority
C. that the offender makes use of force or intimidation
D. the offender party is a private person
37. These are the crimes classified under public disorders, EXCEPT:
A. tumults and other disturbances of public order
B. unlawful use of means of publication and utterances
C. alarms and scandals & delivering prisoners from jails
D. resistance to authority and serious disobedience
38. It is improper performance of some act which might lawfully be done.
A. Misfeasenace
B. Malfeasance
C. nonfeasance
D. dereliction of duty
39. These are the elements of the crime of indirect bribery, EXCEPT:
A. the offender is a public officer
B. the public office accepts
C. agree to perform an act constituting a crime
D. the said gifts are offered by reason of his office
40. These are the elements of the crime of parricide, EXCEPT:
A. a person is killed
B. the deceased is killed by the accused
C. the deceased is father, mother, or child
D. the relationship must be real and legitimate
41. It is the unlawful killing of any person which is not parricide or infanticide, provided
that any of the following circumstances are present, i.e., treachery, in consideration
of price & with evident premeditation.
A. Homicide
B. Murder
C. Manslaughter
D. abortion
42. These are the elements of the crime of homicide, EXCEPT:
A. The person was killed without any justifying
B. The accused had the intention to kill, which is presumed
C. The killing was not attended by any qualifying circumstances
D. Treachery, evident premeditation, with cruelty, and by means of fire, poison,
explosion, etc.
43. It exists when there are at least four persons who are armed took part in
disturbance or are provided with means of violence.
A. tumultuous affray
B. public disorders
C. physical injuries
D. prison riots
44. It is the act constituting of shooting to another with any firearm, without intent to kill.
A. discharge of firearms
B. illegal firing
C. indiscriminate firing
D. accidental fire
45. It is defined as the killing of any child less than three days of age, whether the killer
is the parent or grandparent, any other relative of the child, or stranger.
A. abortion
B. homicide
C. infanticide
D. parricide
46. It is defined as the willful killing of the fetus in the uterus, or the violent expulsion of
the fetus from the maternal womb which results in the death of the said fetus.
A. Abortion
B. Homicide
C. Infanticide
D. parricide
47. It is a formal or regular combat previously concerted between two parties in the
presence of two or more seconds.
A. Duel
B. Dual
C. challenger
D. instigators
48. It is means lopping or the clipping off of some part of the body.
A. injuries
B. mutilation
C. castration
D. decapitation
49. These are the ways and means how the crime of serious physical injuries
committed, EXCEPT:
A. by wounding and beating
B. by assaulting as provided by Art. 263
C. by administering injurious substance
D. intentionally mutilating others
50. It is a crime committed by any person, either male or female who shall commit an
act of sexual assault.
A. Adultery
B. Concubinage
C. rape
D. acts of lasciviousness
51. It is the essential element or act which makes the offense of kidnapping.
A. deprivation of an offended party’s liberty
B. ransom money in-exchange of the victims
C. with the use of force, violence and intimidation
D. that the offender is a private individual
52. These are the elements of the crime of unlawful arrest, EXCEPT:
A. the offender arrests or detains another persons
B. the purpose is to deliver him to proper
C. the arrest or detention is not authorized by the law
D. without warrant of arrest issued by the court
53. It is the taking of property of another with intent to gain, by means of violence, or
intimidation of any person.
A. theft
B. robbery
C. coercion
D. grave threats
54. It is when more than three armed malefactors take part in the commission of
robbery.
A. robbery in band
B. brigandage
C. carnappers
D. theft
55. It is committed by more than three armed persons for the purpose of committing
robbery or kidnapping for extortion.
A. robbery in band
B. brigandage
C. carnappers
D. theft
56. It is with intent to gain, without violence or intimidation of persons, force upon
things, and without the latter’s consent.
A. Robbery
B. Theft
C. brigandage
D. qualified theft
57. These are the elements of the crime of qualified theft, EXCEPT:
A. it is committed by domestic helper
B. committed with grave abuse of confidence
C. stolen were motor vehicle, mail matter, large cattle
D. theft committed by a laborer in construction
58. It is meant the taking away of woman from her house or the place where she may
be for the purpose of carrying her to another place with intent to marry or corrupt
her.
A. Seduction
B. Abduction
C. Adultery
D. concubinage
59. It consists in voluntary, but without malice, doing or falling to do an act from which
material damage results by reason of inexcusable lack of precaution.
A. simple imprudence
B. reckless imprudence
C. criminal imprudence
D. criminal negligence
60. These are the elements of the crime of qualified bribery, EXCEPT:
A. the offender is entrusted with law enforcement
B. the offender is liable to direct and indirect
C. consideration of any promise, gift or present
D. the offender refrains from arresting offenders
61. This is an act amending the provision of PD 1866, otherwise known as illegal
possession of firearms, ammunitions and explosives laws.
A. RA 8294
B. GO No. 23
C. RA 7438
D. RA 8353
62. It prescribes stiffer penalties in illegal gambling and for other purposes.
A. PD 1866
B. PD 1602
C. PD 1185
D. PD 1508
63. This is otherwise known as the anti-graft and corrupt practices act.
A. RA 3019
B. RA 3047
C. PD 77
D. BP 195
64. This is an act prescribing, enumerating and defining and penalizing heinous crimes.
A. RA 7659
B. RA 8711
C. RA 9165
D. RA 9269
65. It is otherwise known as the anti-subversion act.
A. RA 1700
B. Act 3815
C. PD 1185
D. RA 7659
66. It is an order in writing commanding a peace officer to search the property
described in the order, and bring before the court.
B. search warrant
C. judicial notice
D. preliminary attachment
67. It means that the unlawful search taints not only the evidence obtained thereat, but
also the facts discovered by reason of unlawful acts.
A. silver platter doctrine
B. poisonous tree
C. illegal search actions
D. search abusively served
68. These are the instances where a police officer may break the door or windows to
effects a search, EXCEPT:
A. announced his authority and purpose
B. the purpose is search and seizure
C. police officer was refused assistance
D. elements of plain view doctrine
69. These are the things to be search, EXCEPT:
A. property subject of the offense
B. property stolen or fruits of the crime.
C. intended to be used for committing an offense.
D. personal property of the subject person
70. These are the elements of warrant less search, EXCEPT:
A. possession of contraband or illicit articles
B. when there is consent or waiver.
C. when evidence to be seized is in “plain view”
D. search incidental to lawful arrest
71. It is the method provided for by the Revised Rules of Court not only for the
apprehension and prosecution of persons who commit crimes, but also for the
imposition of the penalty.
A. criminal law
B. criminal evidence
C. rules of court
D. criminal procedure
72. It is a sworn statement charging a person with an offense subscribed by the
offended party, and peace officer, or other public officer charges with the
enforcement of the law violated.
A. information
B. complaint
C. pleadings
D. accusation
73. These are the officers authorized to conduct preliminary investigation, EXECPT:
A. provincial or city fiscal and their assistants
B. judges of the municipal trial courts
C. judges of the regional trial courts
D. national and regional state prosecutors
74. It is the taking of person into custody in order that he may be bound to answer for
the commission of offenses.
A. Arrest
B. Apprehend
C. Detained
D. search
75. A peace officer or a private person, without warrant, may arrest a person lawfully,
except.
A. committing, attempting and committed an offense
B. probable cause of the fact of the offense
C. arrest of escapee from prisons and jails
D. fugitive from justice and the rule of law
76. It is the security given for the release of a person in custody of the law.
A. bailbond
B. property bond
C. bail
D. cash bond
77. Trial in absentia can be conducted in the following manner, EXCEPT:
A. before or after conviction of the lower
B. the accused has been properly arraigned
C. the accused had been duly notified of the
D. failure of the accused to appear is unjustified
78. It is an offense which, under the law existing at the time of its commission and at
the time of the application to be admitted to bail, may be punished by life to death
sentence.
A. heinous crimes
B. capital offense
C. grave offense
D. serious over-acts
79. It is one of the rights granted to a defendant in a criminal case is that he shall be
exempted from being __________.
A. presumed innocent
B. witness against himself
C. self-incriminated
D. confronted by accuser
80. The presence of the accused in court is indispensable and mandatory in the
following instances, EXCEPT:
A. arraignment and plea
B. promulgation of judgment
C. identification purpose
D. presentation of evidence
81. Arraignment consists of the following, EXCEPT:
A. opportunity for the accused to know the charge
B. reading of complaint or information
C. asking the accused whether guilty or not guilty
D. furnishing of a copy of complaint or information
82. It is any definite statement of any matter with is not averted with sufficient
definiteness or particularly to enable a party to prepare properly his pleading and to
prepare for trial.
A. motion to quash
B. bill of particular
C. petition for review
D. petition for certiorari
83. It is means that when a person is charged with an offense and the case is
terminated either by an acquittal or conviction or any other manner without the
consent of the accused.
A. complaint padding
B. bed sheeting
C. multiple filing of case
D. double jeopardy
84. It is motion to dismiss a criminal case after the prosecution has rested its case on
the ground of insufficiency of evidence.
A. motion to quash
B. re-investigation
C. demurrer to evidence
D. re-pleading
85. It is means the adjudication of the court that the accused is guilty or is not guilty of
the offense charge.
A. judgment
B. prosecution
C. verdict
D. promulgation
86. For the secondary evidence to be admissible, the following requisites must be
proved by satisfactory evidence, EXCEPT:
A. execution and existence or original
B. loss and destruction of the original
C. existed as to the proof of the fact in question
D. unavailability of original is not due bad faith
87. Witnesses are qualified to testify if:
A. they are capable of perceiving
B. they can make perception known to others
C. all of the above
88. It is any evidence, whether oral or documentary, the probative value of which is not
bases on the personal knowledge of the witness, but on the knowledge of some
other person non on the witness stand.
A. confession
B. acknowledgement
C. admission
D. hearsay evidence
89. These are the requisites for the admissibility of the declaration against interest.
A. declarant must not be available to testity
B. the actor or declarant is dead and unable to testify
C. the declaration must have related a fact against interest and cognizable by
declarant
D. circumstances must render it improbable that a motive to falsify existed.
90. It is means “things done,” and it includes the circumstances and declarations
incidental to the main facts of the prosecution.
A. dying declaration
B. res gestae
C. pedigree
D. against interest
91. It is the means sanctioned by the Rules of Court of ascertaining in a judicial
proceeding, the truth respecting the matters of fact.
A. Evidence
B. Proof
C. factum probans
D. factum probandum
92. It is the ultimate fact to be established.
A. Evidence
B. Proof
C. factum probans
D. factum probandum
93. It is the establishment of the fact, or the conviction or satisfaction that indeed the
fact exists.
A. Evidence
B. Proof
C. factum probans
D. factum probandum
94. That which has some connection or relation to what is sought to be proved; that
which has a tendency to prove or disprove the matter in dispute.
A. admissible evidence
B. direct evidence
C. relevant evidence
D. material evidence
95. Those are evidences that are addressed to the senses of the court.
A. expert evidence
B. real evidence
C. prim facie evidence
D. primary evidence
96. These are the evidence which was inadmissible under the constitutions, EXCEPT:
A. those who are obtained in violation of the privacy of communications and
correspondence.
B. those obtained thru torture, force violence, threat, intimidation, or any other
means
C. those which are not excluded by the law and which is relevant to the issue.
D. those obtained by compelling a person to be a witness against himself
97. When is evidence admissible in court proceedings?
A. relevant to the issue
B. when it is competent
C. not excluded by the law
D. all of the above
98. It is consist of statements made by parties in the course of judicial proceedings.
A. judicial notice
B. judicial admissions
C. judicial proceedings
D. judicial process
99. It is that which affords the greatest of the fact in question, and in itself, does not
indicate the existence of other and better proof.
A. best evidence rule
B. secondary evidence
C. parole evidence role
D. testimonial evidence
100. Refers to the legal fitness or ability of a witness to be heard on the trial of the
case.
A. Witness
B. competency of witness
C. testimonial evidence
D. parole evidence rule
END OF PART TWO
1.B 51.D
2.C 52.D
3.D 53.B
4.C 54.A
5.C 55.B
6.B 56.B
7.C 57.D
8.B 58.B
9.C 59.B
10.A 60.B
11. 61.A
D
12.A 62.B
13. 63.A
C
14. 64.A
C
15.B 65.A
16. 66.B
C
17.B 67.B
18. 68.D
D
19. 69.D
C
20.B 70.A
21. 71.D
D
22.A 72.B
23.B 73.C
24.A 74.A
25.A 75.D
26. 76.C
D
27.B 77.A
28. 78.B
D
29.A 79.B
30.A 80.D
31. 81.A
C
32. 82.B
C
33. 83.D
C
34. 84.A
D
35. 85.A
D
36. 86.C
D
37. 87.C
D
38.A 88.D
39. 89.B
C
40. 90.B
D
41.B 91.A
42. 92.D
D
43.A 93.B
44.A 94.C
45. 95.B
C
46.A 96.C
47.A 97.D
48.B 98.B
49. 99.A
D
50. 100.B
D
1. What will be the effect on the criminal liability of the accused who was seen when
he committed the crime, but becomes insane at the time of trial?
A. He is exempt from criminal liability under paragraph of Article 12 of the
Revised Penal Code.
B. He is criminally liable but the trial will be suspended until his mental capacity
will be restored to afford a fair trial.
C. His criminal liability will be extinguished
D. Some of the above
2. There is violation of neutrality when the following elements are present, except:
A. There is a war in which the Philippines is involved
B. There is a regulation issued by competent authority for the purpose of
enforcing neutrality
C. The offender violates such regulation
3. Jezreel and Jeffrey entered Fort Bonifacio and obtained some classified
information. They also took photographs of themselves that has background on
confidential in nature. They can be liable to what crime?
A. Treason
B. Sedition
C. Espionage
D. Sabotage
4. The following are disloyal acts or words in time of war, except:
A. By willfully making reports with intent to interfere with the success of the AFP.
B. To promote the success of its enemies.
C. By willfully attempting to cause subordination, loyalty of the AFP.
D. By willfully obstructing the recruiting or enlisting service.
5. Nick Jacinto fired upon the pilot including one of the crews of the PAL No.0202.
What would be the liability?
A. Liable under R.A 6235
B. Liable under the law prohibiting certain acts inimical to civil aviation.
C. Liable to the crime murder
6. Arbitrary detention is to Art. 124, Therefore, Art.128 is ______.
A. Expulsion
B. Delaying release
C. Violation of Domicile
D. Interruption of religious worship
7. The word “eligit” is used in Criminal Jurisprudence. It means _____.
A. a writ of command
B. a writ of execution
C. a writ of judgment
D. a writ of arrest
8. “Enfranchise” means conferring of a right to vote at an election as encumbrance
means _____.
A. unlawfully entering upon another’s rights or possessions.
B. unlawfully entering one’s compound property.
C. unlawfully entering into a contracts or agreement.
D. unlawfully entering into a piece of land owned by the government
9. It simply means, a written or printed accusation of a crime.
A. indenture
From the files of RC Page 60

B. indictment
C. indictable offense
D. indexation
10. It refers to a doctrine of Roman law adopted by the Philippine jurisprudence
based on absolute power of the head of the family, who above had full legal
capacity.
A. parents patria
B. pax regis
C. pendens lis
D. patria potestas
11. Art. 125 of the RPC speaks on delay in the delivery of detained persons to the
proper judicial authorities, The meaning of the phrase shall fail to deliver such
person is ____.
A. failure to surrender the accused to the police station.
B. failure to bring the accused to the court
C. failure to use the fastest means of transportation to speed up the case.
D. failure to charge /file complaint/information against the accused.
12. P01 Juan Dela Cruz prevented and distributed a religious ceremony of the
Roman Catholics because he doesn’t want his wife to attend such occasion.
Pedro is liable for ______.
A. Art. 131. Prohibition, interruption and dissolution of peaceful meetings.
B. Art, 132. Interruption of religious worships
C. Art 132. Interruption and dissolution of peaceful meetings
D. Art 133. Offending the religious feelings.
13. “Ignorantia juris neminem esxusat” is interpreted as ignorance of the law excuses
no one, “id certum est quod certum redid potes’ is the same as ____.
A. In every rule there is an exception.
B. in every law, it has its interruption.
C. That is certain which can be made certain
D. That in violation of law or rule, it has to be punished.
14. What is the Latin term of the phrase “against a person”?
A. in pari materia
B. in pais
C. in personam
D. in no grata persona
15. Mr. Moises Guay is an ordinary citizen residing at Salvacion, Bayomobng. He
was appointed by the mayor of the same municipality to be a rural policeman.
Mr. Guay doesn’t have police uniform and is rendering service without pay. Mr.
Guay is ______.
A. a person in authority
B. agent of person in authority
C. best considered as police aide.
D. trying hard to become police
16. Considering that a person is a postmaster, can he/she be considered a person in
authority/agent or person in authority?
A. person in authority because he directs the post service
B. person in authority because he represent the whole agency
C. agent of person in authority because he is only agent of the director of post.
D. agent of person in authority because he is an assistant

17. Prof. Magtanggol is very strict instructor in the classroom. When he was outside,
he was attacked by Mr. Mangohe, his former student in criminal law. The student
is ______.
A. liable for direct assault
B. liable for indirect assault
C. liable for Art, 148, RPC
D. not liable for serious physical injuries.
18. Mrs Annie Tumitit was elected as barangay councilwoman. She was also to be
the Head/Chairman of the peace and order committee.
A. Mrs Annie Tumitit is a person in authority because he heads the committee.
B. Mrs Annie Tumitit is an agent of person in authority.
C. Mrs Annie Tumitit is both person in authority and agent of person in authority.
D. Mrs Annie Tumitit is an executive council for peace
19. Enumerated below are persons in authority, except:
A. fiscal, public and private school teachers
B. division superintendent of schools, municipal councilor
C. teacher-nurse and private school teachers
D. judges and sheriffs
20. What is the maximum period of Arresto Mayor?
A. 1 month and 1 day to 2 months
B. 2 months and 1 day to 4 months
C. 4 months and 1 day to 6 months
D. 6 months and 1 day to 12 months
21. Reclusion temporal: 12 years and 1 day to 20 years; Prison Mayor:
A. 6 years and 1 day to 8 years
B. 8 years and 1 day to 10 years
C. 6 months and 1 day to 1 year
D. 4 years and 1 day to 6 years
22. The word “Talaq” in criminal law is closely related to ____.
A. reprudiation
B. retaliation
C. reformation
D. reinforcement
23. In the prosecution of homicide where the death of the victim is an element of the
offense, if that element is absent, because the victim did not die, the crime is
_____.
A. consummated
B. attempted
C. frustrated
24. When it concerns collateral matters which make more or less probable the
proposition at issue.
A. material
B. relevant
C. pertinent
D. important
25. Which of the following is a compound crime?
A. A man fixed his revolver twice in succession directed against two different
persons, killing one person and the other.

B. Placing a time bomb in a plane which caused it to explode in mid air killing 40
persons therein.
C. The accused used his Thompson sub–machine gun towards several persons.
The first burst of shots hit three persons. The accused let looses a second
burst of shots wounding 2 others.
D. None of these
26. What system of criminal procedure where the detection and prosecution of
offenders are not left to the initiative of private parties but to the officials and
agents of the law? Resort is made to secret inquiry to discover the culprit and
violence and torture limited to the evidence brought before him but could priced
with his own inquiry which is NOT confrontative.
A. Mixed system
B. Inquisitorial
C. Accusatorial
D. None of these
27. What do you call the civil action in which an individual is asked to be
compensated for personal harm?
A. tort
B. “pay back” method
C. actual damage
D. damage fire
28. Which of the following statement is NOT true?
A. In justifying circumstances, there is no civil liability except in causing damage
to another in state of necessity
B. A person who cats by virtue of a justifying circumstance does not transgress
the law because there is nothing unlawful in the act as well as in the intention
of the actor
C. In exempting circumstance there is a crime but there is no criminal
D. None of these
29. Which of the following is an exempting circumstance?
A. an act done under the impulses of an uncontrollable fear of an equal or greater
injury
B. An act done in obedience to an order by a superior for some lawful purposes.
C. Having acted upon an impulse so powerful as to have naturally produced
passion and obfuscation.
D. An act done in fulfillment of a duty or in the lawful exercise of a right of office.
30. In a land dispute case the defendant is required to pay damage when the trial
judge finds that he/she committed the wrong. In what degree of proof the case is
to be judged?
A. preponderance of evidence
B. beyond reasonable doubt
C. when suspect is guilty
D. when suspect is innocent
31. The accused was convicted of Homicide on June 10, 2009. No appeal was
made; judgment became final on June 30, 2009. He got his second conviction
rendered on October 26, 2009, now for Murder. The violator is called _____.
A. Hardened criminal
B. Recidivist
C. Attempted rape
D. habitual delinquent

32. Intending to steal some jewelry and silver, a young man named Mangayat breaks
a window and enters another house at 10:00 pm. Mangayat may be liable for
_____.
A. robbery
B. robbery with force
C. qualified robbery
D. burglary
33. Bruno, upon seeing a stranger named Lylanie sitting on her favorite seat at the
Saber Inn and Restaurant, goes up and pushes the stranger out of the seat.
What case may be filed against Bruno?
A. assault
B. battery
C. manslaughter
D. physical injuries
34. What crime is committed when a woman bought some poison and pours it into a
cup of coffee her husband is drinking intending to kill him with a motive to get the
insurance of the victim?
A. murder
B. attempted murder
C. first-degree murder
D. manslaughter
35. Identify the crime with these facts: A husband coming home early from work finds
his wife in bed with another man. The husband goes into a rage and shoots and
kills both lovers by a gun he keeps by his bedside.
A. murder
B. manslaughter
C. first degree murder
D. voluntary manslaughter
36. Identify what crime against person based from the facts presented. Jen Dulnuan
aims an unloaded gun at his professor Peter Malnawan who believes the gun is
loaded. Miss Dulnuan says she is going to shoot.
A. attempted murder
B. assault
C. illegal possession of firearms
D. grave threat
37. A drug company sells larger-than-normal quantities of drugs to a doctor, knowing
that the doctor is distributing the drugs illegally. The drug company is guilty
of______.
A. illegal production of goods
B. conspiracy
C. illegal distribution of medicines
D. sabotage
38. These are crimes which involves violation of statutory laws that reflect current
public opinion and social values.
A. mala inse
B. mens rea
C. mala prohibita
D. mala prohibitum
39. These finds of crimes rooted in the core values inherent in western civilization.
Example is an offense of drug use.

A. mala inse
B. mens rea
C. mala prohibita
D. mala prohibitum
40. What do you call the aggressive act, such as taking someone’s money, burning a
building, or shooting someone.
A. mala inse
B. mens rea
C. mala prohibita
D. mala prohibitum
41. In most situations, for an act to constitute a crime, it must be done with criminal
intent. Criminal intent is ______.
A. mala inse
B. mens rea
C. mala prohibita
D. mala prohibitum
42. What is that rule as to jurisdiction over crimes wherein crimes committed are not
triable in the courts of the Philippines, unless their commission affects the peace
and security of the territory or the safety of the state is endangered.
A. Jurisdiction rule
B. French rule
C. English rule
D. American rule
43. The court jurisdiction also that says crimes are triable in that country, unless they
merely affect things within the vessel or they refer to the internal management
thereof.
B. French rule
C. English rule
D. American rule
44. All acts and omissions punishable by law are ______.
A. crimes (dolo)
B. felonies (delitos)
C. felonies (culpa)
D. felonies (dolo)
45. The maxim: “Actus no facit reum, nisi mens sit rea,” best means that
A. The law is applied equally to all men
B. Crime is not committed if the mind of the person is innocent.
C. There’s no crime committed when there’s no law punishing it.
D. No one is above the law.
46. The accused, Mr. Badua saw a 16 year old Ms. Galvan near along a shadow
lighted street. Without any word, Mr. Badua kissed Ms. Galvan on the cheek and
frisked softly his hands on to her left breast. No one saw the incident. In a
minute, Mr. Badua left Ms. Galvan, who got shocked and speechless. What
crime was committed by Mr. Badua if any?
A. Acts of lasciviousness
B. Unjust vexation
C. Attempted rape
D. Seduction

47. What case among the following where there was a mistake of fact without any
fault or carelessness on the part of the accused.
A. People vs. Beronilla
B. People vs. Oanis
C. People vs. De Fernando
D. US vs. Ah Chong
48. “In apprehending even the most notorious criminal, the law does not permit the
captor to kill him. It is only when the fugitive from justice is determined to fight the
officers of the law who are trying to capture him and killing him would be
justified.” This paragraph speaks of the case of ______.
B. People vs. Oanis
D. US vs. Ah Chong
49. A good case of the doctrines that “el que es causa dela causa es causa del mal
causado” (he who is the cause of the cause is the cause of the evil caused.
A. People vs. Ah Chong
B. People vs Oanis
C. People vs Ural
D. People vs. Bindoy
50. Ms. Renerose Valdez bought poison from a Drugstore, in preparation for the
killing of his rival in winning the heart of Mr. Right. One below is true based from
the foregoing facts presented.
A. The act is considered as overt act of a crime.
B. Such act is a preparatory act of a crime.
C. It has direct connection with the crime of murder which Ms. Renerose Valdez
intended to commit.
D. The purchased poison is to be used in killing rats or insects.
51. Somnambolism or sleep-walking. Whose the acts of the person afflicted are
automatic, is embraced in the plea of insanity must be clearly proven.
Somnambolism is closely related to _______.
A. Imbecility
B. Insanity
C. lack of intelligence
D. lack of imprudence
52. When a person is suffering from a form of psychosis, wherein homicide attack is
common because of delusions that he is being interfered with sexually, of that his
property is being taken.
A. Hypnotism
B. Kleptomania
C. Epilepsy
D. dementia praecox
53. Are those where the act committed is a crime but for reasons of public policy and
sentiment, there is no penalty imposed.
A. absolutory cause
B. personal knowledge
C. criminal liability
D. insuperable cause
54. Which of the following is NOT a requisite of “avoidance of grater evil or injury”?
A. That the injury feared be greater than the injury done to avoid it

B. That the means used to avoid the injury is lawful
C. That the evil sought to be avoided actually exists.
D. That there be no practical or less harmful means of preventing it.
55. Ordinary mitigating is susceptible of being offset by any aggravating
circumstance: while privileged mitigating can be offset by aggravating
circumstance, this statement is _______.
A. True
B. false
C. half-true
56. The circumstance of justification or exemption which may give place to mitigation
includes the following except.
A. Obedience to order of superior
B. Performance of duty
C. State of necessity
D. Minor who is 18 and below
57. Avoidance of greater evil or injury when all the three requisites are present
is______.
A. Mitigating circumstance
B. Justifying circumstance
C. Exempting circumstance
D. Aggravating circumstance
58. What is the duty of the prosecutor when he is said to “direct and control” the
prosecution of the criminal case?
A. to submit himself to the wishes of the court
B. to turn over the presentation of evidence
C. to be physically present during proceedings
D. to impose his opinion to the trial court
59. Which of the following statement ids NOT true?
A. In vindication, the grave offense must be made directly only to the person
committing the felony
B. In vindication, the vindication of the grave offense must be proximate which
admits of an interval of time between the grave offenses done by the offender
and the commission of the crime by the accused.
C. In provocation, it is necessary that the provocation or threat immediately
preceded the act, or there must be no interval of time between the provocation
and the commission crime
D. In provocation, the cause that brought about the provocation need not be a
grave offense.
60. The kind of aggravating circumstance that those that must of necessity that
accompany the commission of the crime.
A. Specific
B. Inherent
C. Aggravating
D. Qualifying
61. That means be employed or circumstances brought about which add ignomity to
the natural effects of the act is
A. Specific
B. Inherent
C. Aggravating

D. Qualifying
62. The offenses falling under the second group where the penalty imposable is
lower than 4 years, 2 months and 1 day imprisonment shall be instituted by
filing the complaint or information directly with, except.
A. MTC
B. MCTC
C. RTC
D. Prosecutor’s Office
63. Complaint can be filed in court, or in the office of the prosecutor for
preliminary investigation. What is the counterpart of this definition to the
filing of information?
A. An accusation in writing subscribed by the prosecutor and filed in court
B. It is subscribed only by the prosecutor
C. It is always directly filed in court
D. It is a sworn statement under oath
64. All criminal actions commenced by a complaint or by information shall be
prosecuted under the direction and control of the______.
A. Prosecutor
B. Public prosecutor
C. Private prosecutor
D. Provincial prosecutor
65. Simangon stabbed Michelle, an 18-year old girl. While Michelle is at the
threshold of death, Simangon raped her. What crime was committed by
Simangon if any?
A. Murder
B. rape
C. Homicide
D. Murder with Rape
66. It refers to such amount of evidence which suffices to engender a well-founded
belief “that a crime has been committed and that the respondent is probably
guilty thereof.
B. Beyond reasonable doubt
C. Quantum of evidence
D. Factum probandum
67. It refers to the amount of evidence which would be sufficient to counter-balance
the general presumption of innocence and warrant a conviction, if not
encountered or controlled by evidence tending to contradict it and render it
improbable, as to prove other facts inconsistent with it.
A. Quantum of evidence
B. Factum probandum
C. Prima-facie evidence
D. Physical evidence
68. Which of the following is true about COMELEC in relation to preliminary
investigation?
A. The commissioners are authorized to conduct preliminary investigation.
B. The COMELEC, through its officers can conduct preliminary investigation
of criminal violations of the COMELEC Election Law.
C. The COMELEC is not authorized to conduct preliminary investigation

69. In order to make John Doe warrant effective and not to arrest wrong suspects the
Department of Justice issued______.
A. Circular # 49
B. Circular # 50
C. Circular # 51
D. Circular # 52
70. Is an obligation of record, entered into before some court or magistrate duly
authorized to take it, with the condition to do some particular act, the most
usual condition in criminal cases being the appearance of the accused for trial.
A. Bail
B. Surety bail
C. Recognizance
D. Corporate bail
71. Defendants Peter and Pedro made an appeal a judgment that convicted them of
illegal importation of opium. One of the errors assigned as claimed, is “permitting
the government principal witness to be in the courtroom while other witnesses
were testifying. The exclusion of the witnesses by the court is ______.
A. Decide upon by the court
B. NOT sanctioned by the rules of court
C. strictly prohibited by law
D. an error in judgment
72. Which of the following is a mitigating circumstance?
A. Having actual upon an impulse so powerful as naturally to have produced
passion and obfuscation.
B. An act done in obedience to an order by a superior for same lawful
purpose.
C. An act done under the impulse of an uncontrollable fear of an equal a
portent injury
D. An act done under the compulsion of an irresistible force
73. Under the Local Government Code of 19991, what is the condition precedent
that must be satisfied before the institution of a criminal action in court?
A. Settlement has been repudiated
B. certification of no conciliation
C. confrontation between parties at the lupon level
D. All of these
74. What shall a peace officer do if he is refused admittance into a building where
the person to be arrested is believed to be in?
A. Watch outside until the person to be arrested decides to leave the building?
B. After announcing his authority and purposes, the peace officer may break
into any building or enclosure where the person to be arrested is of is
reasonably believed to be.
C. leave the building and secure a court order to break into the building
D. None of these
75. Jun Jun is a minor who pretended to be of legal age and executed a deed of sale
where he sold a property he inherited in favor of Mr. Tan. After the
consummation of said contract, what legal action can Jun Jun may take?
A. He can rescind the contract
B. He can recover the property on the ground of estoppels
C. He can recover the property by seeking annulment of the contract
D. He may apply for the recession of the contract.

76. Sheena Roberts is the custodian officer of a government property at the
municipality of Bayombong. Through her negligence, some of the stored
properties were missing, presumably taken by other people. Sheena maybe
liable for:
A. Dereliction of duty
B. Negligence in the performance of duty
C. Imprudence as the custodian officer
D. Connivance with the person who stole the properties
77. What kind of presumption involves the mental process by which the existence of
one fact is inferred from a proof of some other facts?
A. Conclusive
B. Circumstantial
C. Disputable
D. Inferential
78. Is the right against self-incrimination automatically operational?
A. Yes
B. No
C. Yes, it can be waived
D. No, it must be claimed
79. Who represents the People of the Philippines in Criminal Cases on appeal before
the court of Appeals or the Supreme Court?
A. Private prosecutor
B. City/municipal prosecutor
C. State prosecutor
D. Solicitor-general
80. What is the remedy of the court when the offenses is less serious physical
injuries and the offense proved is serious 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 new information.
C. Dismiss the action
D. Stay with the action and decide accordingly to avoid double jeopardy.
81. 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 a direct bearing and actual connection to the facts and issue.
C. When it is not repugnant in taste
D. When it is not immoral
82. 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 can be given by a patient to a doctor
B. given to a husband to a wife
C. Privilege communication given to an attorney by a client
D. Privilege communication given by a patient to a priest.
83. Which of the following aggravating circumstances may not be offset by mitigating
circumstance?
A. Treachery
B. Ignomity
C. Nighttime

D. Superior strength
84. What is that statement made by wounded person shortly after he received
several bolo stabs narrating therein the whole incident to another which is
admissible in evidence?
A. Res nullus
B. Res judicta
C. Res gestae
D. Res ipsa loquitor
85. What rule is observed when generally, than can be no evidence of writing, the
contents of which is the subject matter of injury other than the original itself?
A. Best evidence
B. Parole evidence
C. Corollary evidence
D. Secondary evidence
86. Because of jealousy, Sherme set fire on the “Banana Republic” boxer shorts of
her boyfriend, Arthur. What crime did Sherme committed if any?
A. Malicious mischief
B. none of the above
C. Reckless imprudence
D. pardon
87. In what instance can alibi (the weakest defend) acquire commensurate strength
in evidential value?
A. When it changes the burden of proof
B. When evidence from the prosecution is strong
C. Where no positive and proper identification has been satisfactory made
D. When questions on whether or not accused committed the offense is clear
88. Ms. Anne Unable is an American artist and known for writings on obscene
materials. One of her writings is entitled “Hanep sa Galaw” was stolen from her
office and was published by someone. The police got hold of the obscene
magazine which was stolen. Ms. Anne Unable is _____.
A. Not liable at all
B. Liable for obscene publication as co-publisher
C. Liable for pornography
D. Liable for obscene publication as author.
89. If Judge Sta. Ana The Great rendered a judgment of acquittal and there is no
clear showing that the facts from which the civil liability may arise do not exist,
what must the offended party do?
A. Compel the judge to change the decision
B. Compel the judge through mandamus to include in the judgment a finding
in the civil liability of the accused.
C. In additional to choice letter b., criminal liability of the accused should be
included
90. What is the effect of the absence of lawyer during promulgation?
A. The presence of the lawyer during promulgation is required
B. The presence of the lawyer is not needed when the charge is a light
offense.
C. The presence of the lawyer is required when the offense is grave
D. All of the above.
91. When does a judgment of conviction become a final?

A. After the lapse of period of perfecting an appeal of 10 days.
B. When the sentence has partially or totally satisfied.
C. When the accused waived his right to appeal.
92. “Errors or mistakes of counsel as well as errors of law are grounds for new trial.”
A. True
B. False
C. Partially true
D. Wholly true
93. Who are allowed to appeal a judgment of conviction?
A. Only the People of the Philippines
B. Only the accused
C. Only the lawyers
D. Only the state
94. What is the forerunner of the Regional Trial Courts (RTC) in the Philippine
Republic?
A. Interior Court
B. First level court
C. Court of First Instance
95. In the criminal cases governed by the Revised Rules on Summary Procedure,
the procedure in what court shall not apply?
A. MTC
B. MCTC
C. MeTC
D. RTC
96. Where a woman was carried by the accused to a distance of 5 meters from the
place where she was grabbed, but left her because of her screams. What crime
was committed, if any?
A. Light coercion
B. Grave coercion
C. attempted serous illegal detention
D. Frustrated serious illegal detention.
97. If the criminal action has been already been filed, the application shall only be
made in the court where the criminal action is:
A. Heard
B. Filed
C. Pending
D. to be filed.
98. The subject of illegal; search warrant has the following remedies, except:
A. He may file a motion for reconsideration
B. He may file a motion to quash
C. He may file a motion to suppress evidence
D. Some of the foregoing
99. Which of the following is true:
A. Rule 45 refers to ordinary appeal cases
B. Rule 46 refers to oral argument
C. Rule 47 refers to new trial
D. Rule 48 refers to preliminary conference

100. A counsel de officio shall be designated or appointed by the Clerk of Court of
Appeals, if based from the transmitted records of the appealed case, it appears
that:
A. The accused-appellant is confined in prison
B. He has counsel de parte
C. He did not signs the notice of appeal himself
D. Some of the above.
END OF PART THREE
1. B 51. C
2. C 52. D
3. C 53. A
4. D 54. B
5. D 55. B
6. C 56. D
7. C 57. A
8. D 58. D
9. B 59. B
10. A 60. B
11. D 61. A
12. B 62. D
13. D 63. A
14. C 64. A
15. B 65. D
16. C 66. A
17. A 67. A
18. B 68. D
19. B 69. C
20. A 70. A
21. B 71. A
22. A 72. B
23. D 73. D
24. C 74. B
25. D 75. B
26. B 76. B
27. A 77. B
28. C 78. D
29. D 79. C
30. A 80. B
31. D 81. A
32. B 82. D
33. D 83. B
34. A 84. C
35. C 85. D

36. D 86. A
37. D 87. A
38. C 88. A
39. C 89. D
40. A 90. D
41. B 91. A
42. B 92. C
43. C 93. B
44. A 94. C
45. B 95. D
46. A 96. A
47. D 97. B
48. B 98. D
49. C 99. B
50. B 100. A

1. All of the following are matters of pre-trial, except:
A. plea bargaining
B. number of witness
C. stipulation of facts
D. deposition
2. What is the law creating the Revised Penal Code of the Philippines?
A. Act 3815
B. Act 8315
C. PD 698
D. PD 1508
3. Motion for reconsideration is also -
A. Motion for review
B. Notice to appeal
C. Demurrer to evidence
D. Motion to quash
4. The practice of issuing “invitation” to a person who is to be investigated and believed to have committed an
offense is subject for custodial investigation”. What law is this related?
A. RA 7659
B. RA 7613
C. RA 7491
D. RA 7438
5. The following are elements of indirect assault EXCEPT:
A. That the offended party is the agent of person in authority
B. That the direct assault is against the person in authority
C. That the offended party having premeditation and injured the officers
D. That the offended party is a Police Officer
6. What is the minimum number of perpetrators needed before a crime may be considered as committed by
brigandage?
A. Five
B. Four
C. Three
D. Two
7. These are types of Arbitrary Detention, except -
A. Delayed Detention
B. Illegal Detention
C. Delaying Release
D. Arbitrary Detention Proper
8. There is violation of neutrality when the following elements are present, except -
A. There is a war in which the Philippines is involved
B. There is a regulation issued by competent authority for the purpose of enforcing neutrality
C. The offender violates such regulation
D. The Philippines belongs to Axis Power
9. In robbery committed by a band, at least how many malefactors are armed?
A. 3
B. 4
C. 1
D. 2
10. It is an act that produces a series of crimes.
A. index
B. complex
C. compound
D. continuous
11. It refers to the division of law which defines crimes threats of their nature and provide for their punishment.
A. civil law
B. criminal law
C. procedural law
D. substantive law
12. When the party acknowledges the existence of the truth of the fact in issue, there is ________.
A. admission
B. narration
PRUDENCE RESEARCH & REVIEW CENTER: Crimjuris – Part Five Page 75

C. confession
D. declaration
13. Every person owing allegiance to the government of the Philippines, without being a foreigner, and having
knowledge of any conspiracy against them, who conceals or disclose any information of act to commit
conspiracy on treason is liable on:
A. Treason
B. Rebellion
C. Misprision of treason
D. Sedition
14. A person may enjoy the effect of retroactive of penal law if it is favorable to him.
A. Partly True
B. Wholly True
C. Partially False
D. Absolutely False
15. Jez and Joel entered a military establishment and obtained information. They also took photographs of
themselves that has background on confidential in nature. They can be liable to what crime?
A. Treason
B. Sedition
C. Espionage
D. Sabotage
16. The solemn and formal declaration that a person is to tell the truth is referred to as _______.
A. Oath
B. declaration
C. affirmation
D. pledge
17. When Pedro stabbed the corpse due to jealousy, he can be liable of -
A. Impossible crime
B. Continuing crime
C. Complex crime
D. Compound crime
18. Upon the termination of the examination, the witness may be examined by the ________.
A. Adverse party
B. Prosecutor
C. Counsel
D. Judge
19. What crime could personnel of a post office who destroyed a foreign mail and stole the content of it?
A. Destroying of document
B. Malicious mischief
C. Theft
D. Qualified theft
20. All of the following are continuous crimes, except:
A. Theft
B. Robbery
C. Estafa
D. Treason
21. Which evidence affords the greatest certainty?
A. Conclusive Evidence
B. Real or Object Evidence
C. Instrumental Evidence
D. Parole Evidence
22. The word “ELIGIT” best means -
A. a writ of command
B. a writ of execution
C. a writ of judgment
D. a writ of arrest
23. Which of the crimes below has the penalty of 6 months?
A. libel
B. physical injury
C. theft
D. oral defamation
24. Possession and use of a counterfeit credit card is punishable under -
A. RA 8484

B. RA 8253
C. RA 8294
D. RA 9344
25. The following crimes are classified as Physical injury, except -
A. abortion
B. maltreatment
C. mutilation
D. serious physical injuries
26. The following is the purpose in committing a crime of Brigandage, except -
A. Kidnapping for the purpose or extortion
B. Robbery in the highway
C. Theft in the highway
D. Kidnapping for the purpose of demanding money
27. Which of the following is not a crime against the fundamental law of the state?
A. Illegal detention
B. Delaying release
C. Expulsion
D. Violation of domicile
28. One of the following is not an element of murder, It is -
A. The killing is not attended by passion or obfuscation
B. That the person accused was killed
C. That the accused killed the person
D. The killing does not constitute parricide or infanticide
29. It refers to the authority of the court to hear or determine a case.
A. execution
B. jurisdiction
C. hearing
D. decision
30. The declaration of a dying person made without consciousness of his impending death can qualify as -
A. dying declaration
B. an allegation
C. a statement
D. part of the res gestae
31. In premature marriage, upon the reckoned of the death of the husband, how many days the widow will be
open for marriage?
A. 301 days
B. 501 days
C. 101 days
D. 201 days
32. Mr. A is a driver of a tricycle who was drunk at that time and very reckless in driving, because of this Mr. B,
his passenger pointed a gun at A. What was the crime committed?
A. Threat
B. Driving under the influence of liquor
C. Grave threat
D. Speeding
33. It the offender demands money from the offended party and obtained it, the offender can be liable of -
A. Threat
B. Grave coercion
C. Light coercion
D. Grave threat
34. Which evidence is adequate for the proof of the fact until contradicted and overcome by other evidence?
A. direct
B. positive
C. conclusive
D. prima facie
35. Which of the following is wrong?
A. 9-15 years old is not criminally liable
B. Under 15 years is criminally liable
C. 18-70 years old are criminally liable
D. Over 70 years old mitigates or criminal liability
36. Forging the signature of the Chief executive in order to pardon the convict maybe liable for -
A. falsification

B. qualified theft
C. counterfeiting
D. forgery
37. If a public officer arrest a person who has not committed any crime with the intention of bringing him before
the judge and the person arrested was supposed to be charged in court but no charge is made. The crime
committed is -
A. Arbitrary detention
B. Coercion
C. Illegal detention
D. Unlawful arrest
38. One of the following is not a crime against national security.
A. Treason
B. Flight to enemy country
C. Misprision of treason
D. Espionage
39. In forgery, the following elements must be present:
1. the signature of the president must be forged by another person
2. the forge is done by the forger
3. the forger is known by the forger
4. the forged signature is owned by the forger
A. 2, 3
B. 1, 2
C. 1, 3, 4
D. 1, 2, 3, 4
40. Mr. Joma and Sinko went for drinking spree. After they were drunk they went home using the motorcycle of
Mr. Sinko. While on their way, a guard noticed the movement of their motorcycle that runs unusual, the
guard offers assistance but Mr. Joma recognized that the guard was his long time enemy so he pointed a
gun at the guard. Another guard seen the event and managed to call the Police and the two were
apprehended. What is the liability of Mr. Sinko?
A. Grave threats
B. Light threats
C. Driving under the influence of liquor
D. Carnapping
41. Mr. A,B,C went to Manila to visit their friends. Unknowingly, Mr. C lost his P500.00 in the bus while on their
way to Manila. Mr. C confronted Mr. B, who was his seatmate at the bus. Mr. B denied the allegation, and
immediately he was stabbed by Mr. C. What crime was committed by Mr. C?
A. Malicious mischief
B. Robbery
C. Frustrated homicide
D. Physical injuries
42. During preliminary investigation, the accused is allowed to apply for bail. The statement is -
A. False
B. Wholly False
C. Wholly True
D. True
43. In what instance may the offended party NOT be allowed to institute criminal action if he has consented or
pardoned the offender?
A. Concubinage, bigamy
B. Adultery, concubinage
C. Concubinage, abduction
D. Adultery, seduction
44. These are the elements of inciting to Rebellion, except:
A. Offender take arms or in open hostility against the government
B. The offender does not take arms or is not open hostility against the government
C. Incites another to the execution of any of the act of rebellion
D. Inciting was done by means of speeches
45. It simply means a written or printed accusation of a crime.
A. indenture
B. indictment
C. indictable offense
D. indexation

46. It refers to a doctrine of Roman law adopted by the Philippine jurisprudence based on absolute power of
the head of the family, who above all had full legal capacity.
A. parens patrias
B. pax rigis
C. pendens lis
D. patria potestas
47. Art 125 of the RPC speaks on delay in the delivery of detained persons to the proper judicial authorities.
The meaning of the phrase shall fail to deliver such person is -
A. Failure to surrender the accused to the police station.
B. Failure to bring the accused to the court
C. Failure to use the fastest means of transportation to speed up the case.
D. Failure to charge/file complaint/information against the accused
48. If Police Officer 1 Mendoza prevented a religious ceremony of the Roman Catholics because he doesn’t
want his wife to attend such occasion. PO1 Mendoza is liable for -
A. Art. 131. Prohibition, interruption and dissolution of peaceful meetings
B. Art, 132. interruption of religious worships
C. Art 132 interruption and dissolution of peaceful meetings
D. Art 133 offending the religious feelings.
49. “Ignorantia legis non excusat” is interpreted as ignorance of the law excuses no one, “id certum est quod
certum redid potes” is the same as -
A. In every rule, there is an exception.
B. In every law, it has its interruption.
C. That is certain which can be made certain
D. That in violation of the law or rule, it has to be punished.
50. What is the Latin term of the phrase “against a person”?
A. in pari materiia
B. in pais
C. in personam
D. persona non grata
51. Mr. Villamayor is an ordinary citizen residing at Salvacion, Bayombong. He was appointed by the mayor of
the same municipality to be policeman. Mr. Villamayor doesn’t have police uniform and is rendering service
without pay. Mr. Villamayor is -
A. a person in authority
B. agent of person in authority
C. best considered as police aide
D. trying hard to become police
52. Considering that a person is a postmaster, can he/she be considered a person in authority/agent or person
in authority?
A. person in authority because he directs the post service
B. person in authority because he represent the whole agency
C. agent of person in authority because he is only agent of the director of post.
D. agent of person in authority because he is an assistant
53. Mr. Vicente is very strict instructor in classroom. When he was outside, he was attacked by his former
student in criminal law. The attacker is -
A. liable for direct assault
B. liable for indirect assault
C. liable for Art, 148 RPC
D. not liable for serious physical injuries.
54. Mr. Guay was elected as barangay councilman at Salvacion. He was lucky also to be the Head/Chairman
of the peace and order committee. He is -
A. a person in authority because he heads the committee.
B. An agent of person in authority
C. Both in authority and agent of person in authority.
D. An executive council for peace
55. Enumerated below are persons in authority, except: (none)
A. division superintendent of schools, municipal councilor
B. fiscal, public and private school teachers
C. Teacher-nurse private school teachers.
D. Judges, sheriff
56. What is the maximum period of Arresto Mayor?
A. 1 month and 1 day to 2 months
B. 2 months and 1 day to 4 months

C. 4 months and 1 day to 6 months
D. 6 months and 1 day to 12 years
57. Reclusion temporal: 12 years and 1 day to 20 years: Prison Mayor:
A. 6 years and 1 day to 12 years
C. 6 months and 1 day to 1 year
58. The word “Talaq” in criminal law is closely related to -
A. Repudiation
B. Retaliation
C. reformation
D. reinforcement
59. The first code that was implemented in 2000 BC is the Hammurabi Code. This was followed by -
A. Mosaic Code (Israelites)
B. Justinian Code
C. Twelve Tables
D. Kalantiao Code
60. What do you call the civil action in which an individual ask to be compensated for personal harm?
A. tort
B. “pay back ” method
C. Actual damage
D. Damage fire
61. What do you call the making of false and injurious statements?
A. libel
B. slander
C. oral defamation
D. perjury
62. In a land dispute case the defendant is required to pay damage when the trial judge finds that he/she
committed the wrong. In what degree of proof the case is to be judged?
B. beyond reasonable doubt
C. when suspect is guilty
D. when suspect is innocent
63. Intending to steal some jewelry and silver, a young man breaks a window and enters another house at
10:00 pm. It is a -
A. robbery
B. robbery with force
C. qualified robbery
D. burglary
64. What crime is committed when a woman bought some poison and pours it into a cup of coffee her husband
is drinking intending to kill him with a motive to get the insurance of the victim (U.S.)?
A. murder
B. attempted murder
C. first-degree murder
D. manslaughter
65. Identify the crime with these facts: A husband coming home early from work finds his wife in bed with
another man. The husband goes into a range and shoots and kills both lovers by a gun he keeps by his
bedside. What crime is committed (In the U.S.)?
A. murder
B. manslaughter
C. first degree murder
D. voluntary manslaughter
66. A drug company sells larger-than-normal quantities of drugs to a doctor, knowing that the doctor is
distributing the drugs illegally. The drug company is guilty of -
A. illegal production of goods
B. conspiracy
C. illegal distribution of medicines
D. sabotage
67. These are crimes which involves violation of statutory laws that reflect current public opinion and social
values.
A. mala inse
B. mala prohibita

C. mens rea
D. mala prohibitum
68. In most situations, for an act to constitute a crime, it must be done with criminal intent. Criminal intent is -
A. mala inse
B. mala prohibita
C. mens rea
D. mala prohibitum
69. What is that rule as to jurisdiction over crimes wherein crimes committed are not triable in the courts of the
Philippines, unless their commission affects the peace and security of the territory or the safety of the state
is endangered?
B. French rule
C. English rule
D. American rule
70. The court jurisdiction that says crimes are triable in that country, unless they merely affect things within the
vessel or they refer to the internal management thereof.
B. French rule
C. English rule
D. American rule
71. All acts and omissions punishable by law are called -
A. crimes (dolo)
B. felonies (delitos)
C. felonies (culpa)
D. felonies (dolo)
72. The maxim: “Actus no facit reum, nisi mens sit rea,” best means that -
A. The law is applied equally to all men
B. A crime is not committed if the mind of the person is innocent
C. There’s no crime committed when there’s no law punishing it
D. A crime is committed if all the necessary elements are present
73. The phrase “ignorance of the law excuses no one” from compliance therewith is from the Latin maxim -
A. Ignorantia facti excusat
B. Ignorantia legis non excusat
C. Ignorantia excusat re
D. Ignorantia nulla poena excusat
74. What is the title of the case where there was a mistake of fact without any fault or carelessness on the part
of the accused?
B. People vs. Oanis
D. US vs. Ah Chong
75. In apprehending even the most notorious criminal, the law does not permit the captor to kill him. It is only
when the fugitive from justice is determined to fight the officers of the law who are trying to capture him and
killing him would be justified.” This paragraph speaks of the case of -
B. People vs. Oanis
C. People vs. De Lima
D. US vs. Ah Chong
76. A good case of the doctrines that “el que es causa dela es causa del mal causado” (he who is the cause of
the cause is the cause of the evil cause).
A. People vs. Luces
B. People vs. Oanis
C. People vs. Ural
D. People vs. Bindoy
77. If Ms. Bestre bought poison from a Drugstore, in preparation for the killing of her rival in winning the heart
of Mr. Right. One below is true based from the facts presented.
A. The act is considered as overt act
B. Such act is preparatory act
C. It has direct connection with the crime of murder which Ms. Bestre intended to commit.
D. The purchased poison is to be used in killing rats or insects
78. Somnambulism or sleep-walking, whose acts of the person afflicted are automatic, is embraced in the plea
of insanity must be clearly proven. Somnambulism speaks on -

A. Imbecility
B. Insanity
C. Lack of intelligence
D. Lack of imprudence
79. When a person is suffering from a form of psychosis, wherein homicide attack is common because of
delusions that he is being interfered with sexually, of that his property is being taken.
A. Hypnotism
B. Kleptomania
C. Epilepsy
D. Dementia praecox
80. These are those where the act committed is a crime but for reasons of public policy and sentiment, there is
no penalty imposed.
A. absolutory cause
B. personal knowledge
C. criminal liability
D. inseparable cause
81. Ordinary mitigating is susceptible of being offset by any aggravating circumstance: while privileged
mitigating can be offset by aggravating circumstance, this statement is -
A. true
B. false
C. half-true
D. half-false
82. The condition of running amuck is -
A. Mitigating
B. Aggravating
C. Not mitigating
D. Not aggravating
83. The kind of aggravating circumstance that is necessary to accompany the commission of the crime.
A. Specific
B. Inherent
C. Aggravating
D. Qualifying
84. All criminal actions commenced by a compliant or by information shall be prosecuted under the direction
and control of the -
A. Prosecutor
B. Private Prosecutor
C. Public Prosecutor
D. Provincial Prosecutor
85. It refers to such amount of evidence which suffices to engender a well-founded belief “that a crime has
been committed and that the respondent is probably guilty thereof.”
B. Quantum of evidence
C. Beyond reasonable doubt
D. Factum probandum
86. It refers to that amount of evidence which would be sufficient to counter-balance the general presumption
of innocence and warrant a conviction, if not countered or controlled by evidence trending to contradict it
and render it improbable, as to prove other facts inconsistent with it.
A. Quantum of evidence
B. Factum probandum
C. Prima-facie evidence
D. Physical evidence
87. Which of the following is true about COMELEC in relation to preliminary investigation?
A. The commissioners are authorized to conduct preliminary investigation
B. The COMELEC, through its officers can conduct preliminary investigation of criminal violations of the
COMELEC Election Law.
C. The COMELEC is not authorized to conduct preliminary investigation
88. It is an obligation of record, entered into before some court or magistrate duly authorized to take it, with the
condition to do some particular act, the most usual condition in criminal cases being the appearance of the
accused for trial.
A. Bail
B. Surely bail

C. Recognizance
D. Corporate bail
89. For how many days the arraignment shall be held from the court acquires jurisdiction over the person of the
accused?
A. 10 days
B. 30 days
C. 15 days
D. 60 days
90. Which of the following enumeration is an example of an afflictive penalty?
A. Fine
B. Arresto mayor
C. Prision mayor
D. Arresto menor
91. Sheena Roberts is the custodian of the government property of the municipality of “x”. Through her
negligence, some of the stored properties were missing, presumably taken by other people. Sheena maybe
guilty of -
A. Dereliction of duty
B. Negligence in the performance of duty
C. Imprudence as the custodian officer
D. Connivance with the person who stole the properties
92. Who represents the People of the Philippines in Criminal Cases on appeal before the court of Appeals or
the Supreme Court?
A. Private prosecutor
B. City/municipal prosecutor
C. State prosecutor
D. Solicitor-general
93. What is the remedy of the court when the offense is less serious physical injuries and the offense proved is
serious 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 new information
C. Dismiss the action
D. Stay with the action and decide accordingly to avoid double jeopardy
94. 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 can be 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 confessor to a priest
95. What is the effect of the absence of lawyer during promulgation?
A. The presence of the lawyer during promulgation is required
B. The presence of the lawyer is not needed when the charge is a light offense.
C. The presence of the lawyer is required when the offense is grave
D. The presence of the case will be suspended.
96. When a judgment does become final?
A. After the lapse of period of perfecting an appeal 15 days.
B. When the sentence has partially or totally satisfied
C. When the accused waived his right to appeal.
97. Is the forerunner of the Regional Trial Courts (RTC)?
A. Interior Court
B. First level court
C. Court of First Instance
D. Court of Appeal
98. A counsel de officio shall be designated or appointed by the Clerk of Court of Appeals, if based from the
transmitted records of the appealed case, it appears that -
A. The accused-appellant is confined in prison
B. He has counsel de parte
C. He did not signs the notice of appeal himself
99. Are there how many working divisions in the Court of Appeals in Manila?
A. 15
B. 16

C. 17
D. 18
100. Which of the following is true?
A. Rule 45 refers to ordinary appeal cases
B. Rule 46 refers to oral argument
C. Rule 47 refers to new trial
D. Rule 48 refers to preliminary conference
***NOTHING FOLLOWS***
Criminal Procedure Reviewer 1
1. Sworn written statement charging a person with an offense,

subscribed by the offended party, any peace officer or other
public official charged with the enforcement of the law violated.
A. Information
B. Complaint
C. Affidavit
D. Memorandum
2. Accusation in writing charging a person with an offense,

subscribed by the fiscal and filed with the court.
A. Information
B. Complaint
C. Affidavit
D. Memorandum
3. ____and____ courts gain jurisdiction over the offense upon

the filing of complaint by a complainant or an information by
the prosecuting officer.
A. MTC and CA
B. MTC and SC
C. MTC and SB
D. MTC and RTC
4. Jurisdiction of the court over the offense is determined

A. At the time of the institution of the action
B. At the time of the arrest of the accused
C. At the time of voluntary surrender of the accused
D. At the time of the commission of the offense
5. Which of the following is false.

A. A complaint is a sworn statement
B. Information must be sworn to
C. Information is filed with the court
D. A complaint is subscribed by the offended party, any
peace officer or other officer charged with
the enforcement of the law violated
6. Remedies of offended party when fiscal unreasonably

refuses to file an information or include a person therein
as an accused.
A. In case of grave abuse of discretion, action for mandamus
B. Lodge a new complaint against the offenders
C. Take up matter with the Secretary of Justice
D. All of the above
7. In Municipal Trial Courts and Municipal Circuit Trial Courts

criminal actions are instituted by
A. By filing a complaint with the appropriate officer for the
purpose of conducting requisite preliminary investigation
therein.
B. By filing the complaint ONLY with the office of the fiscal
C. By filing the complaint or information directly with said
courts, or a complaint with the fiscal’s office
8. Which of the following offenses is subject to summary

procedure.
A. Violation of traffic laws
B. Violation of municipal or city ordinance
C. Violation of rental laws
D. All of the above
9. In criminal cases covered by the rules on summary procedure

shall be deemed commenced only when it is filed in
A. The Prosecutor's office
B. Lupon of the Barangay
C. The Court
10. The filing of the complaint even with the fiscal’s office
should suspend the running of the Statute of Limitations.
This is
A. True
B. False
C. Partially false
11. Information may be amended as to the name of the

accused, but such amendment cannot be questioned for
the first time on appeal.
A. True
B. Partially true
C. False
D. Partially false
12. Conviction for robbery cannot be sustained if there is a

variance between the allegation and the proof as to the
ownership of the property stolen.
A. True
B. False
C. Partially false
D. Partially true
13. If facts do not completely allege all the elements of the

crime charged, the info may be quashed; however, the
prosecution is allowed to amend the info to include the
necessary facts.
A. True
B. Partially true
C. False
D. Partially false
14. Information need only allege facts, not include all the
evidence which may be used to prove such facts
A. True
B. False
C. Partially true
D. Partially false
15. Approximation of time is sufficient; amendment as to time

is only a formal amendment; no need to dismiss case.
A. True
B. False
C. Partially true
D. Partially false
16. Qualifying and inherent aggravating circumstances need

to be alleged as they are integral parts of the crime.
If proved, but not alleged, become only generic
aggravating circumstances.
A. True
B. False
C. Partially true
D. Partially false
17. Conviction may be had even if it appears that the crime

was committed not at the place alleged, provided that the
place of actual commission was within the court’s
jurisdiction and accused was not surprised by the variance
between the proof and the information.
A. True
B. False
C. Partially true
D. Partially false
18. In which of the following cases may only the offended

spouse may file the complaint.
A. Rape
B. Seduction
C. Adultery and Concubinage
D. Acts of lasciviousness
19. Defined as the joinder of separate and distinct offenses in

one and the same information/complaint
A. Motion to Quash
B. Duplicity of offense
C. Double Jeopardy
20.The civil action involves an issue similar or intimately

related to the issue raised in the criminal action.
A. Duplicity of offense
B. Double Jeopardy
C. Prejudicial question
Answer: Criminal Procedure
1. B
2. A
3. D
4. A
5. B
6. D
7. C
8. D
9. C
10. A
11. A
12. A
13. A
14. A
15. A
16. A
17. A
18. C
19. B
20. C
Criminal Jurisprudence Reviewer 1
1. The SC ruled the illegally obtained evidence is inadmissible in s

criminal prosecutions in the famous case of

A. Miranda vs Arizona
B. Otit vs Jeff
C. Mapp vs Ohio
D. Milkey vs Wett
2. It is defined as a remedy or process by which a child born out of

lawful wedlock and are therefore considered illegitimate are by
fiction of law considered by subsequent valid marriage of the
parents.
A. Adoption
B. Legitimation
C. Foster parenting
D. Naturalization
3. What is the Latin term for criminal intent?

A. Mens Rea
B. Magna Culpa
C. Inflagrante Delicto
D. Mala Vise
4. What should be conducted in order to determine whether a cas

falls under the jurisdiction of the regional Trial Court?

A. Inquest proceeding
B. Preliminary conference
C. Preliminary investigation
D. Search and Seizure
5. For offense falling under the jurisdiction of Municipal Trial Cou

and Municipal Circuit trial courts, prosecution is instituted

A. By filling a compliant with the Regional Trial Court
B. By filing a complaint directly with the court
C. By filling a complaint with the chief of Police in the
municipality
D. By filling a complaint with the fiscal for preliminary
investigation
6. Intervention of the offended party in the criminal action is not

allowed in the following instances EXCEPT:

A. when he has not waived the civil action
B. when he has file the civil action ahead of the criminal
C. when he has expressly reserved the right to institute
the civil action separately
D. when he has waived the civil action
7. The place of trial for a criminal action is cited

A. territory
B. action
C. jurisdiction
D. venue
8. The primary purpose of bail is

A. to protect the accused rights
B. to keep the accused in jail until trial
C. to punish the accused for the crime
D. to release the accused
9. The authority of the court to take cognizance of a case in the

first instance is known as:

A. original jurisdiction
B. appellate jurisdiction
C. general jurisdiction
D. delegated jurisdiction
10. "A" stabbed "B". "A" brought "B" to a hospital for medical
treatment.Had it not been the timely medical attendance. "B"
would have died.This is a case of

A. a physical injury
B. an attempted felony
C. a consummated felony
D. a frustrated felony
11. A person undergoing criminal investigation enjoys his three

constitutional rights such as

A. the right to oppose whatever the accusation on him
B. the right to plea guilty and not guilty
C. the right to oppose whatever accusation or him based on his
constitutional right
D. the right to remain silent, the right to counsel, the right
informed of the nature of the accusation
12. Evidence is admissible when it is relevant to the issue and is

not excluded by the rules on

A. Real evidence
B. Secondary evidence
C. Admissibility of evidence
D. Relevancy of evidence
13. What is the sworn written statement charging a person with a

offense, subscribed by the offended party, any peace officer or
other employee of the government or government institution i
change of the enforcement or execution of the law violated?

A. Deposition
B. Complaint
C. Police blotter
D. Information
14. Trial is allowed only after arraignment and the accused may w
his right to appear at the trial except when his presence is
required for purposes of identification. This is the principle of t
in __.
A. Substitution
B. Absentia
C. Re-assignment
D. Ordeal
15. A public officer or employee when NOT being authorized by

judicial order, shall enter a dwelling against the will of the own
thereof is committing:
A. Legal entry
B. Violation of domicile
C. Illegal entry
D. Abatement

16. Intoxication when considered under the law is considered
A. Alternative Circumstance
B. Maladaptive Behavior
C. Delinquent act
D. Anti social Behavior
17. The adjudication by the court that the defendant is guilty or is

not guilty of the offense charged and the imposition of the
penalty provided by law on the defendant who pleads or is fou
guilty thereof

A. judgment
B. false informant
C. information
D. admission
18. Is that which is not excluded by the law as tending to prove

a fact in issue

A. material evidence
B. relevant evidence
C. direct evidence
D. competent evidence
19. Any private person who shall enter the dwelling of another
against the will of the latter
A. none of these
B. trespassing to dwelling
C. light threats
D. usurpation
20. Are those acts and omissions committed not only by means of
deceit, but also by means of fault and are punishable by law.

B. Felonies
D. Attempted felony

21. Is committed whenever the offender commences the commiss
of a crime directly by overt acts but does not perform all the act
of execution which should produce the felony as a consequence
by reason of some cause or accident other than his own
spontaneous desistance.

A. Frustrated felony
B. Attempted felony
C. Consummated felony
D. Felony
22. Are those crimes committed against individuals, particularly

against their chastity, but which do not produce danger or
prejudice common to other members of society.

A. Private crimes
B. Public crimes
C. Felony
D. Infractions
23. Are those crimes committed against the society which produce
direct damage or prejudice common to all its members.

A. Private crimes
B. Public crimes
C. Felony
D. Infractions
24. One of the characteristics of criminal law, where penal laws do

not have retroactive effect, except in cases where they favor the
accused charged with felony and who are not habitual criminal

A. Retrospective
B. General
C. Territorial
25. A theory underlying the system of our criminal law, of which

Rafael Garafalo and Enrico Ferri, including Dr. Cesare Lombros
were the greatest exponents, that crime is considered as
essentially asocial and natural phenomenon.

A. Juristic or classical theory
B. Positivist or realistic theory
C. Punitive theory
D. Non- punitive theory
26. It is the Latin term referring to "caught in the act" of performin

crime.

A. Nullum Crimen
B. Dura lex sed lex
C. Ignorancia lex excusat
D. none of these
27. Any act committed or omitted in violation of a public law

forbidding or commanding it.

A. legal act
B. Crime
C. Poena
D. Punishment
28. A rule of conduct, just, obligatory, enacted by legitimate

authority for the common observance and benefit.

A. Regulation
B. City Ordinance
C. Law
D. Lawful Act
29. The Latin term POENA means:

A. Penalty
B. Pain
C. Punishment
D. Police
Answers: Criminal Jurisprudence
1. C
2. B
3. A

4. C
5. B
6. B
7. D
8. D
9. A
10. D
11. D
12. D
13. B
14. B
15. B
16. A
17. A
18. B
19. B
20. B
21. B
22. A
23. B
24. A
25. B
26. D
27. B
28. C
29. B
Fundamentals of Criminal Investigation Reviewer 1
1. America's most famous private investigator and founder of

Criminal Investigation.

A. Alec Nayhem
B. Allan Pinkerton
C. Thomas Byrnes
D. None of these

2. The first woman detective in the history of criminal investigati

A. Kathleen Jacob
B. Candy Miles
C. Kate Wayne
D. Pines Hamilton
3. He was known to be the creator of the "bow street runners", a

group of police officers attached to the Bow Street Court, and no
in uniform, performing criminal investigative functions.

A. Henry Fielding
B. John Fielding
C. John Howard
D. Robert Peel
4. The founder and chief organizer of the London Metropolitan Po

the Scotland Yard, which became famous police organization
in the world.

A. Henry Fielding
B. John Fielding
C. John Howard
D. Robert Peel
5. As a rule, do not touch, alter or remove anything at the crime

scene until the evidence has been processed through notes,
sketches and photographs, with proper measurements.This refe

A. the golden rule in investigation
B. the number one SOP in investigation
C. the act of note taking
D. the act of crime scene preservation
6. An Englishman who published a handbook for Examining Magis

in Munich, Germany and advocated the use of scientific methods
in criminal investigation process.
A. Hans Gross
B. Thomas Byrnes
C. Alphonse Bertillon
D. Francis Galton

7. The SC ruled the illegally obtained evidence is inadmissible in
state criminal prosecutions in the famous case of

A. Miranda vs Arizona
B. Otit vs Jeff
C. Mapp vs Ohio
D. Milkey vs Wett
8. The continues accountability of persons handling evidences, an

having responsibility of taking care and preserving the evidence
from the time it was found until brought to court for presentatio
is called

A. Chain of events
B. Key events
C. Chain of custody of evidence
D. Chain of command
9. In England, he was a buckle maker then a brothel operator; a

master criminal who became London's most effective criminal
investigator. He was the most famous Thief-Catcher in 1720s.
A. Alexander Macanochie
B. Jonathan Wild
C. Billy Cook
D. John Howard
10. What is the Latin term for criminal intent?

A. Mens Rea
B. Magna Culpa
C. Inflagrante Delicto
D. Mala Vise
Answers: Fundamentals of Criminal Investigation
1. B
2. C
3. A
4. D

5. A
6. A
7. C
8. C
9. B
10.A
Fire Technology and Investigation Reviewer 1
1. Combustion or burning in which substances combine chemicall
oxygen from the air and typically give out bright light,heat and
smoke.

A. Flame
B. Heat
C. Fire
D. Smoke
Ans. C
2. A hot glowing body of ignited gas that is generated by somethin
on fire.

A. Flame
B. Heat
C. Fire
D. Smoke
Ans. A
3. An extensive fire that destroys a great deal of land or property.

A. Conflagration
B. Burning
C. Fire
D. Combustion
Ans. A
4. Means on fire or very hot or bright.

A. Flame
B. Burning
C. Fire
D. Combustion
Ans. B
5. The rapid chemical combination of a substance with oxygen
involving the production of heat and light.

A. Flame
B. Burning
C. Fire
D. Combustion
Ans.D
6. The quality of being hot or high temperature at which fuel will
continue to burn for atleast 5 seconds after ignition by an open
flame.

A. Flame
B. Heat
C. Fire
D. Smoke
Ans. B
7. The natural agent that stimulates sight and makes things visible
A. Flame
B. Heat
C. Light
D. Smoke
Ans. C
8. Is one of the 4 fundamental states of matter, the other being
solid,liquid and gas.
A. Flame
B. Plasma
C. Light
D. Smoke
Ans. B
9. The lowest temperature a which the vapor of a combustible liqu
can be ignited in air.

A. Flash point
B. Ignition temperature
C. Fire point
D. Boiling point
Ans. A
10. Is the temperature at which fuel will continue to burn for at le
five seconds after ignition by an open flame.

A. Flash point

B. Ignition temperature
C. Fire point
D. Boiling point
Ans. C
Traffic Operation and Accident Investigation Reviewer 1
1. In arresting the traffic violator or when it involved arrest due to

traffic violation, the following procedures are followed except:
A. bring the suspended person before the court
B. detention of the arrested person may take place
C. arrest can be effected even without a warrant
D. impose the probable penalty that might be imposed
2. A person can escape from the scene of the accident on

one of the following ground:
A. offense committed is serious
B. bringing the person to your custody
C. bring the suspect before the court to answer a charge of
violation
D. if the person is under the imminent danger
3. In the examination of the scene of accident, which of the

following evidence will show how the accident happened?
A. hole on the road pavement
B. the driver under the influence of liquor
C. point of impact
D. vehicle has break failure
4. The basic principle behind selective enforcement in traffic contr

A. selection of geographical areas for strict enforcement
B. concentration of enforcement activities at peak traffic hours
C. a shifting emphasis on different types of violations
D. a warning rather than a citation will act as preventive
measure for future violation
5. The general principle of traffic accident investigation is to

A. consider road conditions as limiting conditions rather than
as causes KVB
B. consider violation as primary causes and any other factors
as secondary causes
C. regard any unfavorable factor existing immediately prior to
the accident as a cause
D. look for the "key event" that cause the accident
6. It is customary for the police to keep records of lost or stolen

automobile license plates. The best reason for this practice is to
A. permit the promote issuance of new plate
B. prevent cards from being stolen
C. keep record of all outstanding license plate in use
D. detain any person found using or attempting to use any
these plates.
7. One of the following statements that best indicates the main

purpose of traffic law enforcement is
A. reduce traffic by punishing violators of traffic rules
B. keep traffic moving at a steady rate to avoid bottlenecks
C. control the speed limited in densely populated areas
D. prevent traffic accidents and expedite the flow of traffic
8. The traffic accident investigator is chiefly concerned with

accidents that involves one or both of the elements namely
A. motor vehicles and traffic way
B. motor vehicle and victim
C. victim and traffic way
D. victim and traffic unit
9. With respect to minor traffic violations, the traffic police officer

should be guided foremost by the consideration that
A. some traffic violation are intended
B. the aim is to discourage violations
C. same traffic violations are caused by negligence
D. violations must be punished
10. A number representing the resistance to sliding of two surface

in contract is known as:
A. coefficient of friction
B. traffic jam
C. attribute
D. contract damage
11. The first action taken by a traffic unit to escape from collision

course or otherwise avoid a hazard
A. state of evasive action
B. point of possible perception
C. point of no escape
D. final position
12. Any motor vehicle accident that result in injuries other than fa
to one or more persons.
A. non-fatal injury accident
B. fatal accident
C. traffic law enforcer
D. property damage accident
13. Which of the following types of accident is most decreased

by the installation of traffic light?
A. Cross traffic accidents
B. Misunderstanding between motorist and traffic officers
C. Accidents of confusion
D. Accidents of decision of right of way
14. A certain intersection, for several reasons, has more traffic

accidents than any other part in the area. The Police unit
assignment to the area should.
A. Park near the intersection, in plain view, and wait for violat
B. Park your motorcycle at the center of intersection to
caution motorist
C. Park near the intersection, more or less hidden from view
D. Cruise all the assigned area but give extra attention to
the intersection
15. Every device which is self-propelled and every vehicle which

is propelled by electric power obtained from overhead trolley
wires, but not operated upon rails.
A. Skating
B. Bicycle
C. Tricycle
D. Motor vehicles
16. The main reason why both traffic officers and signal lights
are used on some intersection is that
A. motorist are discourage from "jumping signals"
B. traffic can be kept moving at a faster rate
C. greater safety to pedestrians and motorist is effected
D. an officer can stop and start as necessity demands
17. All lines, patterns, words, colors or other gadgets EXCEPT
signs set into the surface or applied upon or attached to the
pavement or curbing officially place for the purpose of regulati
traffic is called _____
A. warning signs
B. traffic management
C. traffic engineering
D. pavement marking
18. Prohibitive traffic signs and restrictive traffic signs shall have

A. blue background and white symbols
B. a red background and white symbols and black border
C. white background with black symbols and red border
D. green background with white and black symbols
19. Motor vehicle propelled by an internal combustion engine

shall be equipped with a ____ as said motor vehicle passes
through a street of any city, municipality or thickly populated
district or barrio.
A. wiper
B. light
C. muffler
D. windshield
20. A traffic police officer stationed the route of a parade has been
ordered by his superior to allow no cars to cross the route.
While the parade is in progress, an ambulance driver on an
emergency run attempts to drive his ambulance across the
route while the parade is passing. Under these circumstances
the traffic police officer should.
A. ask the driver to wait until the traffic police officer contact
his superior and obtains decisions
B. stop the parade long enough to permit the ambulance t
cross the street
C. hold up the ambulance in accordance with the superior's or
D. direct the ambulance driver to the shortest detour which
will add at least then minutes to run
Answers: Traffic Operation and Accident Investigation
1. D
2. D
3. C
4. A
5. D
6. D
7. D
8. A
9. C
10. A
11. A
12. B
13. D
14. D
15. D
16. D
17. D
18. D
19. C
20. B
PRUDENCE RESEARCH & REVIEW CENTER
Baguio City
CRIMINAL JURISPRUDENCE & PROCEDURE (CJURIS)-Part Five
INSTRUCTION: Select the correct answer for each of the following

questions. Mark only one answer for each item by shading the box
corresponding to the letter of your choice on the answer sheet provided.
STRICTLY NO ERASURES ALLOWED. Use pencil no. 1 only.
1. The testimony of an expert is 6. The constitutional right to self-

admissible if: incrimination of a person does not
A. The subject under apply to :
examination requires knowledge or A. Measuring or photographing of the
experience person
B. The witness is an expert B. Removal or replacement of his
who possesses special knowledge, garments or shoes
skill, training or experience on the C. Requiring that the party moves his
particular subject under body to enable the foregoing thing
C. All of the above to be done
D. None of the above D. All of the above
2. Evidence of character of the deceased 7. Y was beaten X to death, but before he
is admissible in homicide cases where died, he was brought by his grandmother
his bad character produces in the mind to the hospital, limp and bloodied. The
of the accused a reasonable belief of grandmother had a hysterical outburst
imminent danger to his life and that at the emergency room that Y was the
prompt action to defend himself against one who beat X. During the trial, the
unlawful aggression is necessary. grandmother was already dead. The
However, character evidence does not outburst is admitted as an evidence of:
apply to: A. Dying declaration
A. Murder when the killing was B. Part of res gastae
aggravated by treachery or evident C. The combination of A & B
premeditation D. All of the above
B. Those charged with negligence since 8. The medical certificate of a doctor who
evidence of good reputation as a was not presented as a witness is not
skillful, careful driver is not admissible and has no probative value
admissible because:
C. In rape cases where the sexual A. Hearsay
intercourse complained of took place B. The doctor must presented during the
with force, intimidation or violence trial
D. All of the above C. All of the above
3. Paraffin test can establish only: D. None of the above
A. The presence or absence of nitrates 9. X was charged with the crime of illegal
on the hand possession of firearms without license.
B. It cannot establish that from this The prosecution to sustain the
test alone the source of nitrates conviction of the accused must prove:
was the discharge of a firearm A. The negative allegation of lack of
C. The absence of nitrates on the hand license to posses firearm
of a suspect does not preclude a B. The obligation exists even if the
judgment where the overwhelming firearm is paltik
evidence proves his guilt. C. All of the above
D. All of the above D. None of the above
4. X confided to Director Z that she 10. The judge in the trail actively
committed adultery. The statement is participated in the direct and cross-
admissible as evidence because: examination. This is allowed because
A. It was given not during a custodial the judged wanted to:
investigation A. To find out the truth and do justice
B. It does not violate the to the parties
constitutional right to remain B. T does not amount to a denial of the
silent or to counsel accused to a fair and impartial
C. All of the above trial
D. None of the above C. The accused is not denied of due
5. X, an accused in a rape case, admitted process
his guilt while being interviewed on D. All of the above
T.V and radio. His admission of his 11. X was charged with illegal
participation in a rape case before the recruitment of eight (8) people. At the
presence of the TV crew and reporters trail, only 5 were presented. X was
is admissible: convicted. X questioned his conviction
A. It was an admission not under contending that the trial court
custodial investigation violated his right to confront the
B. It was voluntarily given witness against him. X contention is
C. All of the above not correct.
A. There is no law or rule making shall be done orally unless allowed
compulsory the presentation of a by the court to be done in writing.
complaint as a witness C. All of the above
B. Confrontation applies only to D. None of the above
witness who actually testify in a 17. X was presented a s a witness by
trail against the accused Atty. X without prior offer of his
C. All of the above testimony. He was allowed by the court
D. None of the above to do so due to oversight. Atty. B, the
12. What are the components of counsel of the other party did not
identification testimony? object but later on contended that the
A. Witnessing a crime, whether as a testimony is inadmissible. Atty. B’s
victim or a bystander involves contention is not correct?
perception of an event actually A. There is a waiver of the requirement
occurring? B. Atty. B. should have objected to the
B. The witness must memorize details of testimony of X for lack of formal
the event offer of the testimony of X.
C. The witness must be able to recall C. All of the above
and communicate accordingly D. None of the above
D. All of the above 18. Circumstantial evidence is
13. What are the ways of out-of court sufficient to convict if:
identification of suspects conducted by A. There is more than circumstance
the police? B. The facts from which the inferences
A. Show-up, where the suspect alone is are prove
brought face with the witness for C. The combination of all the
identification circumstances is such as to produce
B. Mug shots, where photographs are a conviction beyond reasonable doubt
shown to the witness to identify the D. All of the above
suspect 19. Mrs. C was suspecting that her
C. Lie –ups, where a witness identifies husband, a doctor had another woman.
the suspect from a group of persons She raided her husband’s clinic and
lined-up for the purpose of obtained incriminating evidence against
identification him, showing that he had another woman
D. All of the above such as love letters between her
14. The English Exchequer Rule in husband and the other woman. Rule on
Evidence was already abandoned or the admissibility of such evidence.
disregarded because the court’s error A. Not admissible
as to the admission of evidence have B. They are obtained by the wife in
caused prejudice to the accused and violation of the doctor’s right to
therefore requires a new trail. The privacy of communication and
rule was superseded by the: correspondence
A. “Harmless Error Rule” C. All of the above
B. To prevent trial court error and D. None of the above
prevent prejudice to the accused 20. X was charged with the crime of
where judgment is rendered after an falsification of private document.
examination of the entire record State the effect if the original is not
before the court, without regard to presented at the trail.
technical errors, defects which do A. The accused should be acquitted for
not affect the substantial rights of failure of the prosecution to
the parties. produce the original of the document
C. All of the above B. It violates the best evidence rule
D. None of the above C. All of the above
15. A person is not qualified to D. None of the above
testify if? 21. X and Y are very good friends. Y
A. He has previously convicted has been asking X whether he was
B. There exists a relationship between legally married with his wife to which
the victim and the witness X has repeatedly evaded. One day X was
C. On account of the witness’ political stabbed and his friend Y rushed him and
belief or his creed after assisting him, Y reiterated his
D. All of the above question to X whether the woman he was
16. When shall offer of evidence be living was his legal wife. Conscious of
made? his impending death, X admitted that
A. As regards the testimony of a said woman is only his mistress. Is the
witness, the offer must be made at declaration:
the time the witness is called to A. Dying declaration
testify. B. Res gestae
B. Documentary and object evidence C. Not a dying declaration and not part
shall be offered after the of res gestae
presentation of a party’s D. All of the above
testimonial evidence. Such offer
22. Atty. X was the counsel for the D. All of the above
plaintiff in an action to collect a sum 28. When is judicial notice
of money. In the course of the trial, discretionary? when the facts are:
Atty. X asked his witness to identify A. Of public knowledge
the loan agreement and promissory note B. Capable of unquestionable
executed by the defendant. These demonstration
documents were marked as Exh. “A” and C. Those that judges ought to know by
“B”, respectively. The demand letter reasons of their judicial functions
sent to the defendant to settle his D. All of the above
indebtedness was marked as exhibit “C” 29. The original document are:
after the plaintiff identified said A. The original of a document is one
document. After all the witness had the contents of which are the
completed their respective testimony, subject of inquiry
Atty. X made an offr of the above B. When a document is in two or more
documentary exhibits as follows: copies executed at or about the same
Atty. X: your honor, I am ready to time. With identical contents
offer our documentary evidence. including signatures, all such
copies are equally regarded as
Court: Proceed, Mr. Counsel. originals
C. When an entry is repeated in the
I offer in evidence Exh. “A”,”b” regular course of business, one
and “C”,your honor. Did atty. X being copied from one another at or
commit any error in the manner by near the time of the transaction,
all the entries are likewise equally
which he made an offer of the regarded as originals
documentary evidence? Decide. D. All of the above
30. A private document is considered
A. Atty. X failed to describe the ancient when:
purpose of each of his evidence; A. More than 30 years old
B. He also failed to state the b. B. Is produced from a custody in which
purpose of each of his evidence it would naturally be found if
C. All of the above genuine;
D. None of the above C. Unblemished by any alterations or
23. The burden of proof rests upon circumstances of suspicion;
the party who, as determined by the D. All of the above
pleadings of the nature of the case, 31. It is an instrument, which
asserts affirmative allegations of an consists of the written official acts
issue. This in : or records of the official acts of the
A. Criminal cases sovereign authority, official bodies
B. Civil cases and tribunals, public officers, whether
C. Administrative cases of the Philippines, or of a foreign
D. Special proceedings country; documents acknowledged before
24. The burden of proof as to the notary public.
offense charged lies on the prosecution A. private document
in; B. Public document
A. Administrative cases C. All of the above
B. Civil cases D. None of the above
C. Criminal cases 32. The documents that do not need to
D. Special proceedings be authenticated.
25. The order in the Examination of A. Public documents
an individual witness: B. Notarial documents
A. Direct Examination by the proponent C. Ancient documents
B. Cross Examination by the proponent D. All of the above
C. Re- direct Examination by the 33. As a general rule, the following
proponent are not grounds for disqualification of
D. All of the above testimonial evidence:
26. A question , which suggests to A. Religious belief
the witness the answer, which the B. Political belief
examining party desires, is: C. Interest in the outcome of the case
A. Misleading question D. Conviction of a crime
B. Leading question E. All of the above
C. All of the above 34. Under the rule of the Evidence ,
D. None of the above the grounds for disqualification of
27. The following are examples of testimonial evidence are:
evidence, which are not admissible. A. Mental incapacity
A. Evidence relating to privileged B. Death or insanity of evidence party
communication C. Privileged communication
B. Hearsay evidence D. All of the above
C. Evidence obtained thru invalid
warrants
35. It is an act, declaration or 42. It is a rule, which requires that
omission as to relevant fact. a witness can testify only to those
A. Confession facts which he knows of his personal
B. Admission knowledge.
C. All of the above A. Hearsay Evidence Rule
D. None of the above B. Best Evidence Rule
36. As a general rule, confession of C. None of the above
a defendant or accused made to witness D. All of the above
are admissible against him but is 43. It is a statement whose probative
admissible against his co-accused/ co- value is independent of its truth or
defendant except: falsity. The mere fact of its utterance
A. Confessions on the witness stand or is relevant.
in court A. Self-serving statement
B. Identical confession, corroborated B. Extra-judicial statement
confessions C. Independently relevant
C. Confession by conspirator after statement
conspiracy has been shown or proven D. All of the above
D. All of the above 44. The exceptions to the Hearsay
37. It is a declaration wherein the Rule are:
testimony is favorable to the A. Declaration against
declarant, it is made extra-judicially, interest
and it is made in anticipation of B. Acts or declaration against
litigation. pedigree
A. Admission C. Commercial lists and the
B. Confession like, learned treaties
C. Self-serving declaration D. All of the above
D. None of the above 45. As a rule, the opinion of a
38. It is the declaration of the witness is not admissible except:
accused acknowledging his guilty of the A. On a matter requiring
offense charged, or any or the offense special knowledge
necessarily included therein. B. Expert witness possessing
A. Admission skill not ordinarily acquired by
B. Confession ordinary witness;
C. Self-serving declaration C. Behavior or conditions or
D. All of the above appearance of a person which he has
39. The requisite of extra-judicial observed;
confession are: D. All of the above
A. Must invoke an express and 46. A general rule, character
categorical acknowledgement of evidence is not admissible except in
guilt; criminal cases such as:
B. The facts admitted must be A. Accused may proved his good moral
constitutive of a criminal offense; character which is pertinent to the
C. Must have been made with the moral character which is pertinent
assistance of competent and to the moral trait involved in the
independent counsel; offense charged
D. All of the above B. Prosecution may only prove accused’s
40. An offer of components by the bad moral character to the moral
accused is admissible in evidence trait involved in the offense
against as an implied admission of charged during rebuttal
guilt except: C. The good or bad moral character of
A. Plea of guilty later withdrawn; the offended party may be if it
B. Unaccepted offer of a plea of guilty tends to establish in any reasonable
to a lesser offense; degree the probability or
C. An offer to pay or payment of improbability of the offense proved.
medical, hosp[ital or other expenses D. All of the above
occasioned by an injury; 47. As a general rule, the party
D. All of the above producing a witness is not allowed to
41. Under the rule, the right of a impeach his own witness except:
party cannot be prejudiced by an act, A. Unwilling or hostile
declaration or omission of another is witness
known as the res inter alios acta rule. B. A witness who is a n
However, such declaration, act or adverse party
omission of another is admissible: C. Officer, Director or Managing agent
A. By a partner/agent or person jointly of a public or private corporation
interested with the party or of a partnership or association
B. By conspirator, by privies which is an adverse party
C. All of the above D. All of the above
D. None of the above 48. An adverse party’s witness may be
impeach:
A. By contradictory evidence C. During the formal offer of
B. By evidence that his evidence
general reputation for truth, D. All of the above
honesty or integrity is bad 55. The tender of excluded evidence
C. By evidence that he has is made as follows:
made at other times statements A. If the documents or things
inconsistent with this present excluded offered as evidence are
testimony excluded by the court, the offeror
D. All of the above may have the same attached to or
49. A leading question is one which made part of the record
suggests to the witness the answer B. If the evidence excluded is
which the examining party desires. It oral testimony, the offeror may
is not allowed except: state for the record the name and
A. On a cross examination ‘ other personal circumstances of the
B. On a preliminary matters witness and the substance of the
C. When there is difficulty in proposed testimony
getting direct and intelligent C. All of the above
answers who is ignorant, or a child D. None of the above
of tender years, feeble minded, 56. It is the duty of a party to
deaf-mute; of an unwilling or present evidence on the facts in issue
hostile witness necessary to establish his claim or
D. All of the above defense by the amount of evidence
50. It is a question, which assumes required by the law.
as a true a fact not yet testified to A. Burden of proof
by a witness, or contrary to that which B. Weight and sufficiency of
he has previously stated. It is not evidence
allowed: C. Corroborative evidence
A. Leading question D. All of the above
B. Vague question 57. The best evidence rule does not
C. Misleading question apply:
D. All of the above A. When the contents of the
51. The rights of witness are: document are not the subject of
A. To be protected from inquiry
irrelevant, improper, or insulting B. Where the only issue as to
questions, and from harsh or whether or not such document was
insulting demeanor actually executed or not
B. Not to give an answer which C. Whether or not the document
will tend to subject him to a was delivered to the persons
penalty for an offense unless supposed to received it
otherwise provided by law D. All of the above
C. Not to give an answer which 58. The due execution or existence of
will tend to degrade his reputation, a document can be established by:
unless it be to the very fact at A. The person who was present
issue and saw it executed
D. All of the above B. A person who saw the
52. The court shall consider no execution and recognized the
evidence, which has not been formally signature after it was executed
offered. The purpose for which the C. Person to whom the parties
evidence is offered must be specified. to the instrument had previously
This is known as: confessed the execution thereof
A. Offer of evidence D. All of the above
B. Ruling on the evidence 59. The requirements in proving the
C. Offer and objection contents of secondary evidence:
D. None of the above A. The original writing or
53. The formal offer of the document was in fact duly executed
documentary and object and delivered and duly accepted
evidence/exhibits is made: B. That it has been duly lost
A. During the presenting and or destroyed
marking of said evidence C. That upon proof of its
B. During the pre-trial, execution and loss or destruction,
during the trail the contents may be proved by a
C. After the presentation of a copy, or by a recital of its
party’s testimonial evidence contents in some authentic document,
D. All of the above or by recollection of witness
54. The offer of the testimony of a D. All of the above
witness is made at the time when: 60. Carbon copies signed by the
A. The witness is called to parties on the same occasion are
testify considered:
B. After he testified A. Secondary
B. Original copy Consequently, the offer of X is
C. All of the above admissible as:
D. None of the above A. Extra-judicial confession
61. The other names for object of guilt
evidence: B. Express admission of guilty
A. Real evidence C. Implied admission of guilt
B. Autoptic preference D. All of the above
evidence 67. “A” while driving his car, ran
C. None of the above over B. A visited B at the hospital and
D. All of the above offered to pay for his hospitalization
62. At the trail of “A” for violation expenses. Is the offer by A to pay the
of the Dangerous Drug Act, the hospitalization expenses of B
prosecution offers in evidence a admissible as evidence?
photocopy of the marked P 1,000.00 A. Not admissible in evidence
bills used in the “buy-bust operation”. as proof of the civil or criminal
The photocopy of the marked money is liability of A
what kind of evidence? B. An offer to pay
A. Real evidence hospitalization expenses is not
B. Secondary evidence admissible as proof of civil or
C. Documentary evidence criminal liability
D. All of the above C. All of the above
63. X filed a suit for damages 68. X, Y & Z were charged in court
against Y for derogatory remarks for murder. When put together in jail,
uttered by Y in a radio interview. At they engaged in recrimination, blaming
the trail, the tape recording of the each other for the crime charged. The
radio interview was asked by counsel of jail warden heard said conversation.
X to be played in court. The tape During the trial, the jail warden was
recording is admissible as: presented to testify on the
A. Object evidence recrimination had among X, Y & Z. It is
B. Documentary evidence admissible as:
C. Incomplete evidence A. Independent relevant
D. All of the above statement
64. X was charged with rape with B. Legal Hearsay
homicide. X offered P 1,00,000 as C. All of the above
amicable settlement to the family f the D. None of the above
victim. The family refused. The offer 69. X is charged with frustrated
of compromise made by X is admissible murder of Y. the witness of the
as: prosecution testified that he saw X
A. Direct evidence to prove prepare the poison, which X poured into
his guilt Y’s drink. X sought the
B. Implied admission of his disqualification of B as witness due to
guilt the latter’s final conviction of
C. All of the above perjury. Decide:
D. None of the above A. B is allowed to testify
65. X was charged with homicide. B. Conviction of a crime is
Before the case could be tried, the not a ground for disqualification as
heirs of the victim approached X and a witness
discussed with him the possibility of C. All of the above
settlement of the case and asked how D. None of the above
much X was willing to pay. X offered P 70. A and B are legally married. C
50,000.00 and the heirs accepted the kills A, the husband of B and is now on
offered. The agreement and the offer of trial for homicide. During the trial C
X of P 50,000.oo cannot be admitted as called B (widow) to testify on
an implied admission of X for the statements made by A while under the
reason that: consciousness of death. Is B
A. There was no offer of disqualified to testify as a witness?
compromise made by X Decide.
B. it was made by the heirs of A. B us a competent witness
the victim for the prosecution or defense
C. X offer was only to buy B. As to the dying declaration
peace and should not be construed made to her by her deceased husband
against him C. All of the above
D. All of the above D. None of the above
66. X was accused of having rape C. X 71. In July 1999, D executed a
offered to marry C. the offer X is an promissory note in favor of A in the
offer of compromise and this is not presence of P. D died in 1999, D
allowed even in rape cases, which are executed a promissory note in favor of
not considered private crime. A in the presence of P. D died in 1999
and in 2001, P sues D’s administrator
in court to collect the amount of the by an eyewitness. Eventually, D was
note because A has assigned the note to charged in court for the death of A.
P. can P and A to the execution of the the prosecution had to rely its case on
note? Decide. circumstantial evidence. At the trial
A. P & A cannot testify the policemen was presented to testify
because this is a matter of fact on the declaration made to him by A. Is
occurring before the death of D the declaration of A admissible as a
B. Not allowed under the dying declaration or part of the res
Deadman’s Statute gestae?
C. All of the above A. Not admitted as a dying
D. None of the above declaration because the cause of
72. A goes to the confessional box death of A was due to gunshot wound
and made a confession to the priest and not stabbing.
that the he killed Z, but B, the B. Not also part of res gestae
sacristan, overhead the confession. Can because D was charged with the death
B testify? Decide. of A and the cause of the death of A
A. The disqualification rule was not the stabbing of D.
applies only between priest and C. All of the above
penitent D. None of the above
B. Not to sacristan who heard 76. Two (2) hours after Y was shot
the confession with a 45-caliber pistol, his employer
C. All of the above in the hospital where he was
D. None of the above immediately brought for treatment after
73. The administrator of the instate he was shot visited him. Immediately,
estate of X files a case for after recognizing his employer, Y told
partition/accounting/damages among his employer that X shot him. The
brothers and sisters. During the trial, employer, being a law graduate of
the administrator objected to the Manila Law College, took the initiative
defendants’ testimony against deceased to taking in longhand the statement of
X. Decide. Y. Y narrated the facts surrounding the
A. The defendants testimony is shooting and positively X as the gun
admissible wielder, witnessed by his employer and
B. The case filed by the his attending physician and nurse, Y
administrator is not the estate or signed the statement taken by his
the administrator employer based on his narration of what
C. The dead man’s statute does actually happened. Ten (10) days later,
not apply in this case Y died as consequence of the gunshot
D. All of the above wound. After the preliminary
74. During custodial investigation at investigation, X was charged for murder
the Police. M was informed of his in court. Decide the nature of the
constitutional right to remain silent declaration of Y.
and to have competent and independent A. Not a dying declaration
counsel. He decided to waive hid right because the statement was given not
to counsel and proceed to make a under a consciousness of impending
statement admitting commission of a death;
case of homicide. In the same B. Not also a part of res
statement, he implicated C, his co- gestae because it was not made
conspirator in the crime. Is the immediately after the startling
statement of M admissible? Decide. occurrence but 2 hours after the
A. the statement of M is not shooting;
admissible C. It is not considered as an
B. The waiver of counsel was independent relevant statement
not made in the presence of counsel because the same is being presented
C. It is not also admitted to established the truth and the
against C even if conspiracy is merely the tenor of the declaration;
proven between M & C as the D. All of the foregoing
statement was made after the 77. In an extra-judicial confession
conspiracy had already ceased executed before the NBI, A charged with
D. All of the foregoing murder, voluntarily admitted the
75. A was stabbed in the chest. He charged. After the conduct of
immediately called for help and preliminary investigation, A, B & c
policemen promptly approached him. He vehemently denied the charged. During
told the policemen that he felt he the trial, counsel of B & C vigorously
would die from the serious wound objected to A’s testimony in court
inflicted on him by D who has a grudge implicating his co-accused. Is the
against him. He was brought to a testimony of Z in court admissible?
hospital for treatment where the same Decide.
day he was shot and killed by someone A. A’s testimony during the
whose identity could not be established trial is admissible
B. As an exception to hearsay person who had stabbed him. When asked
rule by the police, the victim added that he
C. Considering that the did not know if he was going to
confession is a judicial confession survive, because the many stab wounds
or made in a joint trial; he sustained were very painful. What is
D. All of the above the nature of the declaration of the
78. “W” filed charges of concubinage deceased? Decide
against her husband “H” and his A. Not a dying declaration
paramour “M”. May the court allow or because it was not made under
give weight to the P 200,000.00 diamond consciousness of an impending death;
ring which “H” had offered to “W” as a B. Admitted as part of res
compromise provided “W” desist from gestae
filing the concubinage charge. Decide. C. All of the above
A. The offer of the diamond D. None of the above
ring as a compromise is admissible 82. A found by his wife C dying of
B. It is an implied admission gunshot wounds. Under a consciousness
of “H” guilt; of impending death, A, before he
C. Concubinage is not one of collapses, whispers top his wife C,D
those to be compromised as it does shot me because he discovered that his
not fall as a criminal or quasi wife, E, is my mistress. C goes to the
delict case police and makes a sworn statement, to
D. All of the above include the information whispered to
79. A husband was accused of homicide her by A. A did not die due to timely
because he allegedly killed the medical attendance. D is now charged
illegitimate child of his wife with with frustrated murder. What is the
another man. At the trial, the wife was nature of A’s declaration? Decide
presented as a witness for the A. not dying declaration
prosecution, but the court, upon because the declarant did not die
objection of the husband did not allow B. The declaration is
the wife to testify? Decide. admissible as part of the res gestae
A. The court did not act because the statement was made
correctly spontaneously after a stabbing
B. The wife should be allowed incident;
to testify against her husband as an C. It was made before A had
exception to the marital time to contrive;
disqualification rule; D. All of the above
C. The husband was accused of 83. A group of 3 persons, A, B & C
killing the illegitimate of his wife robbed a house. When they were fleeing
which is considered as a crime after the robbery, they were
committed against his wife’s intercepted by the police and as a
descendant; result A was mortally wounded. Before
D. All of the foregoing he died, but conscious of his impending
80. “X” had a disagreement with “Y” death, A admitted participation in the
and “Z” over a parcel of land. The robbery, and named B and C as his
exchange of words led to a bolo duel companions. Hence, B & C were charged
between “X” and “Y” in whom was killed for the death of the policeman? What is
and “Y” was fatally wounded. Before “Y” the nature of the declaration of A?
in duel. Thereafter a case of homicide Decide.
was filed against “Z” on the theory A. Not a dying declaration
that the he participated in the killing because the subject of inquiry is
of “X”, “Z” offered as a part of his the death of the policeman;
defense the written statement of “Y”. B. The declaration does not
Could it be admitted as a dying refer to A’s death, neither is the
declaration or could it be admitted a s inquiry about A’s death
another exception to the hearsay rule? C. All of the above
Decide. D. None of the above
A. Y’s declaration is not 84. X and Y are very good friends. Y
admissible as a dying declaration has been asking X whether he was asking
because it was not the declaration X he was legally married with his wife
of victim X whose death is the to which X has repeatedly evaded. One
subject of inquiry: day X was stabbed and his friend Y
B. Y is the assailant and not rushed to him and after assisting him,
the victim; but the declaration of Y Y reiterated his question to X whether
is a declaration against interest; the woman he was living was his legal
C. All of the above wife. Conscious of his impending death,
D. None of the above X admitted that said woman is only his
81. Two days before the victim of a mistress. Is the declaration or res
stabbing incident died, he made gestae? Decide.
statement to the police identifying the A. Not a dying declaration
B. The declaration has nothing 92. It is an extra judicial
to do with the circumstance confession independently made without
surrounding X’s death; collusion, which are identical with
C. All of the above each other in their material respects
D. None of the above and confirmatory of the other.
85. The rule, which states that a A. Interlocking confession
person may not be compelled to testify B. Adopted confession
on the ground of parental or filial C. All of the above
privilege, covers. D. None of the above
A. Parents 93. The following are not admissions
B. Others descendants of liability or guilt and are therefore
C. Children or other direct not admissible in evidence:
descendants A. Plea of guilty later
D. All of the above withdrawn
86. X was approached by Y. X later on B. Unaccepted offer or plea of
shouted “array”. He was brought to the guilty to a lesser offense
hospital where he whispered to Z the C. Offer to pay medical,
name of the person who shot him. He hospital or other expenses due to an
died two (2) hours later. The nature of injury
his declaration is: D. All of the above
A. Dying declaration 94. It is a statement whose probative
B. Res Gestae value is independent of its truth or
C. Declaration against falsity. The mere fact of its utterance
interest is relevant.
D. A & C A. Hearsay statement
87. X was raped by A, B & C. She gave B. Independent relevant
birth to child. Who should be compelled statement
to recognize the child in a multiple C. All of the above
rape? D. None of the above
A. B 95. It is one, which assumes as true,
B. C a fact not yet testifies to by the
C. A witness, or contrary to that which he
D. All of the Above has previously stated. It is not
88. The examination of witness allowed.
presented in trial or hearing shall be A. Leading question
done; B. Misleading question
A. In open court C. Vague question
B. Under oath or affirmation D. All of the above
C. All of the above 96. It is the examination of a
D. None of the above witness by the party presenting him on
89. A court shall take notice without the facts relevant to the issue.
the introduction of evidence and this A. Cross exam
is known as mandatory judicial notice; B. Direct exam
while a court may take judicial notice C. Re-direct exam
of matters, which are of: D. Re-cross exam
A. Public knowledge 97. Upon the termination of the
B. Capable of unquestionable direct exam, the witness may be
demonstration examined by the adverse party to test
C. Ought to be known to judges because his accuracy and truthfulness and
of their judicial functions; freedom from interest and bias, to
D. All of the above elicit all-important facts bearing upon
90. A witness may be considered as the issue.
unwilling or hostile only if so A. Re-direct exam
declared by the court upon adequate B. Cross –exam
showing of: C. Direct exam
A. His adverse interest D. All of the above
B. His having mislead the 98. After the cross exam of the
party calling him to the witness witness, he may be examined by the
stand party calling him, to explain or
C. Unjustified reluctance to supplement his answer given during the
testify cross exam.
D. All of the above A. Re-direct exam
91. The grounds for disqualification B. Recross exam
of testimonial evidence are: C. Direct cross
A. Religious belief D. Cross exam
B. Political belief 99. Upon the conclusion of the re-
C. Interest in the outcome of direct exam, the adverse party may
a case examine the witness on matters stated
D. All of the above in his re-direct.
A. Re-cross exam
B. Re-direct exam
C. Cross exam
D. Direct exam
100. It means moral certainty or that
degree of proof, which produces
conviction in an unprejudiced mind.
A. Reasonable doubt
B. Moral certainty
C. Corpus delicti
D. All of the above
END OF PART FIVE
MR. KEY ANSWER for CJURIS (part 5)
1. The testimony of an expert is admissible if:
a. The subject under examination requires knowledge or experience.
b. The witness is an expert who possesses special knowledge, skill, training

or
experience on the particular subject under inquiry.
c. All of the above
d. None of the above
1 2 5 76
. 6 1 .D
C . .
B D
2 2 5 77
. 7 2 .D
D . .
D A
3 2 5 78
. 8 3 .D
D . .
D C
4 2 5 79
. 9 4 .D
C . .
D A
5 3 5 80
. 0 5 .C
C . .
D C
6 3 5 81
. 1 6 .C
D . .
B A
7 3 5 82
. 2 7 .D
B . .
D D
8 3 5 83
. 3 8 .C
A . .
D D
9 3 5 84
. 4 9 .C
C . .
D D
1 3 6 85
0 5 0 .D
. . .
D B B
1 3 6 86
1 6 1 .B
. . .
C D D
1 3 6 87
2 7 2 .C
. . .
D C A
1 3 6 88
3 8 3 .C
. . .
D B A
1 3 6 89
4 9 4 .D
. . .
C D B
1 4 6 90
5 0 5 .D
. . .
D D D
1 4 6 91
6 1 6 .D
. . .
C C C
1 4 6 92
7 2 7 .A
. . .
C A C
1 4 6 93
8 3 8 .D
. . .
D C C
1 4 6 94
9 4 9 .B
. . .
D D D
2 4 7 95
0 5 0 .B
. . .
C D C
2 4 7 96
1 6 1 .B
. . .
C D C
2 4 7 97
2 7 2 .B
. . .
C D C
2 4 7 98
3 8 3 .A
. . .
B D D
2 4 7 99
4 9 4 .A
. . .
C D D
2 5 7 10
5 0 5 0.
. . . A
D C C
PRUDENCE RESEARCH & REVIEW CENTER
Baguio City
CRIMINAL JURISPRUDENCE & PROCEDURE (CJURIS)-Part Five
INSTRUCTION: Select the correct answer for each of the following

questions. Mark only one answer for each item by shading the box
corresponding to the letter of your choice on the answer sheet provided.
STRICTLY NO ERASURES ALLOWED. Use pencil no. 1 only.
101. The testimony of an expert is rape case before the presence of the TV
admissible if: crew and reporters is admissible:
A. The subject under E. It was an admission not under
examination requires knowledge or custodial investigation
experience F. It was voluntarily given
B. The witness is an expert G. All of the above
who possesses special knowledge, H. None of the above
skill, training or experience on the 106. The constitutional right to self-
particular subject under incrimination of a person does not
C. All of the above apply to :
D. None of the above E. Measuring or photographing of the
102. Evidence of character of the person
deceased is admissible in homicide F. Removal or replacement of his
cases where his bad character produces garments or shoes
in the mind of the accused a reasonable G. Requiring that the party moves his
belief of imminent danger to his life body to enable the foregoing thing
and that prompt action to defend to be done
himself against unlawful aggression is H. All of the above
necessary. However, character evidence 107. Y was beaten X to death, but
does not apply to: before he died, he was brought by his
E. Murder when the killing was grandmother to the hospital, limp and
aggravated by treachery or evident bloodied. The grandmother had a
premeditation hysterical outburst at the emergency
F. Those charged with negligence since room that Y was the one who beat X.
evidence of good reputation as a During the trial, the grandmother was
skillful, careful driver is not already dead. The outburst is admitted
admissible as an evidence of:
G. In rape cases where the sexual E. Dying declaration
intercourse complained of took place F. Part of res gastae
with force, intimidation or violence G. The combination of A & B
H. All of the above H. All of the above
103. Paraffin test can establish only: 108. The medical certificate of a
E. The presence or absence of nitrates doctor who was not presented as a
on the hand witness is not admissible and has no
F. It cannot establish that from this probative value because:
test alone the source of nitrates E. Hearsay
was the discharge of a firearm F. The doctor must presented during the
G. The absence of nitrates on the hand trial
of a suspect does not preclude a G. All of the above
judgment where the overwhelming H. None of the above
evidence proves his guilt. 109. X was charged with the crime of
H. All of the above illegal possession of firearms without
104. X confided to Director Z that she license. The prosecution to sustain the
committed adultery. The statement is conviction of the accused must prove:
admissible as evidence because: E. The negative allegation of lack of
E. It was given not during a custodial license to posses firearm
investigation F. The obligation exists even if the
F. It does not violate the firearm is paltik
constitutional right to remain G. All of the above
silent or to counsel H. None of the above
G. All of the above 110. The judge in the trail actively
H. None of the above participated in the direct and cross-
105. X, an accused in a rape case, examination. This is allowed because
admitted his guilt while being the judged wanted to:
interviewed on T.V and radio. His E. To find out the truth and do justice
admission of his participation in a to the parties
F. T does not amount to a denial of the F. There exists a relationship between
accused to a fair and impartial the victim and the witness
trial G. On account of the witness’ political
G. The accused is not denied of due belief or his creed
process H. All of the above
H. All of the above 116. When shall offer of evidence be
111. X was charged with illegal made?
recruitment of eight (8) people. At the E. As regards the testimony of a
trail, only 5 were presented. X was witness, the offer must be made at
convicted. X questioned his conviction the time the witness is called to
contending that the trial court testify.
violated his right to confront the F. Documentary and object evidence
witness against him. X contention is shall be offered after the
not correct. presentation of a party’s
E. There is no law or rule making testimonial evidence. Such offer
compulsory the presentation of a shall be done orally unless allowed
complaint as a witness by the court to be done in writing.
F. Confrontation applies only to G. All of the above
witness who actually testify in a H. None of the above
trail against the accused 117. X was presented a s a witness by
G. All of the above Atty. X without prior offer of his
H. None of the above testimony. He was allowed by the court
112. What are the components of to do so due to oversight. Atty. B, the
identification testimony? counsel of the other party did not
E. Witnessing a crime, whether as a object but later on contended that the
victim or a bystander involves testimony is inadmissible. Atty. B’s
perception of an event actually contention is not correct?
occurring? E. There is a waiver of the requirement
F. The witness must memorize details of F. Atty. B. should have objected to the
the event testimony of X for lack of formal
G. The witness must be able to recall offer of the testimony of X.
and communicate accordingly G. All of the above
H. All of the above H. None of the above
113. What are the ways of out-of court 118. Circumstantial evidence is
identification of suspects conducted by sufficient to convict if:
the police? E. There is more than circumstance
E. Show-up, where the suspect alone is F. The facts from which the inferences
brought face with the witness for are prove
identification G. The combination of all the
F. Mug shots, where photographs are circumstances is such as to produce
shown to the witness to identify the a conviction beyond reasonable doubt
suspect H. All of the above
G. Lie –ups, where a witness identifies 119. Mrs. C was suspecting that her
the suspect from a group of persons husband, a doctor had another woman.
lined-up for the purpose of She raided her husband’s clinic and
identification obtained incriminating evidence against
H. All of the above him, showing that he had another woman
114. The English Exchequer Rule in such as love letters between her
Evidence was already abandoned or husband and the other woman. Rule on
disregarded because the court’s error the admissibility of such evidence.
as to the admission of evidence have E. Not admissible
caused prejudice to the accused and F. They are obtained by the wife in
therefore requires a new trail. The violation of the doctor’s right to
rule was superseded by the: privacy of communication and
E. “Harmless Error Rule” correspondence
F. To prevent trial court error and G. All of the above
prevent prejudice to the accused H. None of the above
where judgment is rendered after an 120. X was charged with the crime of
examination of the entire record falsification of private document.
before the court, without regard to State the effect if the original is not
technical errors, defects which do presented at the trail.
not affect the substantial rights of E. The accused should be acquitted for
the parties. failure of the prosecution to
G. All of the above produce the original of the document
H. None of the above F. It violates the best evidence rule
115. A person is not qualified to G. All of the above
testify if? H. None of the above
E. He has previously convicted 121. X and Y are very good friends. Y
has been asking X whether he was
legally married with his wife to which 126. A question , which suggests to
X has repeatedly evaded. One day X was the witness the answer, which the
stabbed and his friend Y rushed him and examining party desires, is:
after assisting him, Y reiterated his E. Misleading question
question to X whether the woman he was F. Leading question
living was his legal wife. Conscious of G. All of the above
his impending death, X admitted that H. None of the above
said woman is only his mistress. Is the 127. The following are examples of
declaration: evidence, which are not admissible.
E. Dying declaration E. Evidence relating to privileged
F. Res gestae communication
G. Not a dying declaration and not part F. Hearsay evidence
of res gestae G. Evidence obtained thru invalid
H. All of the above warrants
122. Atty. X was the counsel for the H. All of the above
plaintiff in an action to collect a sum 128. When is judicial notice
of money. In the course of the trial, discretionary? when the facts are:
Atty. X asked his witness to identify E. Of public knowledge
the loan agreement and promissory note F. Capable of unquestionable
executed by the defendant. These demonstration
documents were marked as Exh. “A” and G. Those that judges ought to know by
“B”, respectively. The demand letter reasons of their judicial functions
sent to the defendant to settle his H. All of the above
indebtedness was marked as exhibit “C” 129. The original document are:
after the plaintiff identified said E. The original of a document is one
document. After all the witness had the contents of which are the
completed their respective testimony, subject of inquiry
Atty. X made an offr of the above F. When a document is in two or more
documentary exhibits as follows: copies executed at or about the same
Atty. X: your honor, I am ready to time. With identical contents
offer our documentary evidence. including signatures, all such
copies are equally regarded as
Court: Proceed, Mr. Counsel. originals
G. When an entry is repeated in the
I offer in evidence Exh. “A”,”b” regular course of business, one
and “C”,your honor. Did atty. X being copied from one another at or
commit any error in the manner by near the time of the transaction,
all the entries are likewise equally
which he made an offer of the regarded as originals
documentary evidence? Decide. H. All of the above
130. A private document is considered
E. Atty. X failed to describe the ancient when:
purpose of each of his evidence; E. More than 30 years old
F. He also failed to state the b. F. Is produced from a custody in which
purpose of each of his evidence it would naturally be found if
G. All of the above genuine;
H. None of the above G. Unblemished by any alterations or
123. The burden of proof rests upon circumstances of suspicion;
the party who, as determined by the H. All of the above
pleadings of the nature of the case, 131. It is an instrument, which
asserts affirmative allegations of an consists of the written official acts
issue. This in : or records of the official acts of the
E. Criminal cases sovereign authority, official bodies
F. Civil cases and tribunals, public officers, whether
G. Administrative cases of the Philippines, or of a foreign
H. Special proceedings country; documents acknowledged before
124. The burden of proof as to the notary public.
offense charged lies on the prosecution E. private document
in; F. Public document
E. Administrative cases G. All of the above
F. Civil cases H. None of the above
G. Criminal cases 132. The documents that do not need to
H. Special proceedings be authenticated.
125. The order in the Examination of E. Public documents
an individual witness: F. Notarial documents
E. Direct Examination by the proponent G. Ancient documents
F. Cross Examination by the proponent H. All of the above
G. Re- direct Examination by the
proponent
H. All of the above
133. As a general rule, the following G. An offer to pay or payment of
are not grounds for disqualification of medical, hosp[ital or other expenses
testimonial evidence: occasioned by an injury;
F. Religious belief H. All of the above
G. Political belief 141. Under the rule, the right of a
H. Interest in the outcome of the case party cannot be prejudiced by an act,
I. Conviction of a crime declaration or omission of another is
J. All of the above known as the res inter alios acta rule.
134. Under the rule of the Evidence , However, such declaration, act or
the grounds for disqualification of omission of another is admissible:
testimonial evidence are: E. By a partner/agent or person jointly
E. Mental incapacity interested with the party
F. Death or insanity of evidence party F. By conspirator, by privies
G. Privileged communication G. All of the above
H. All of the above H. None of the above
135. It is an act, declaration or 142. It is a rule, which requires that
omission as to relevant fact. a witness can testify only to those
E. Confession facts which he knows of his personal
F. Admission knowledge.
G. All of the above E. Hearsay Evidence Rule
H. None of the above F. Best Evidence Rule
136. As a general rule, confession of G. None of the above
a defendant or accused made to witness H. All of the above
are admissible against him but is 143. It is a statement whose probative
admissible against his co-accused/ co- value is independent of its truth or
defendant except: falsity. The mere fact of its utterance
E. Confessions on the witness stand or is relevant.
in court A. Self-serving statement
F. Identical confession, corroborated B. Extra-judicial statement
confessions C. Independently relevant
G. Confession by conspirator after statement
conspiracy has been shown or proven D. All of the above
H. All of the above 144. The exceptions to the Hearsay
137. It is a declaration wherein the Rule are:
testimony is favorable to the A. Declaration against
declarant, it is made extra-judicially, interest
and it is made in anticipation of B. Acts or declaration against
litigation. pedigree
E. Admission C. Commercial lists and the
F. Confession like, learned treaties
G. Self-serving declaration D. All of the above
H. None of the above 145. As a rule, the opinion of a
138. It is the declaration of the witness is not admissible except:
accused acknowledging his guilty of the A. On a matter requiring
offense charged, or any or the offense special knowledge
necessarily included therein. B. Expert witness possessing
E. Admission skill not ordinarily acquired by
F. Confession ordinary witness;
G. Self-serving declaration C. Behavior or conditions or
H. All of the above appearance of a person which he has
139. The requisite of extra-judicial observed;
confession are: D. All of the above
E. Must invoke an express and 146. A general rule, character
categorical acknowledgement of evidence is not admissible except in
guilt; criminal cases such as:
F. The facts admitted must be A. Accused may proved his good moral
constitutive of a criminal offense; character which is pertinent to the
G. Must have been made with the moral character which is pertinent
assistance of competent and to the moral trait involved in the
independent counsel; offense charged
H. All of the above B. Prosecution may only prove accused’s
140. An offer of components by the bad moral character to the moral
accused is admissible in evidence trait involved in the offense
against as an implied admission of charged during rebuttal
guilt except: C. The good or bad moral character of
E. Plea of guilty later withdrawn; the offended party may be if it
F. Unaccepted offer of a plea of guilty tends to establish in any reasonable
to a lesser offense; degree the probability or
improbability of the offense proved.
D. All of the above 153. The formal offer of the
147. As a general rule, the party documentary and object
producing a witness is not allowed to evidence/exhibits is made:
impeach his own witness except: A. During the presenting and
A. Unwilling or hostile marking of said evidence
witness B. During the pre-trial,
B. A witness who is a n during the trail
adverse party C. After the presentation of a
C. Officer, Director or Managing agent party’s testimonial evidence
of a public or private corporation D. All of the above
or of a partnership or association 154. The offer of the testimony of a
which is an adverse party witness is made at the time when:
D. All of the above A. The witness is called to
148. An adverse party’s witness may be testify
impeach: B. After he testified
A. By contradictory evidence C. During the formal offer of
B. By evidence that his evidence
general reputation for truth, D. All of the above
honesty or integrity is bad 155. The tender of excluded evidence
C. By evidence that he has is made as follows:
made at other times statements A. If the documents or things
inconsistent with this present excluded offered as evidence are
testimony excluded by the court, the offeror
D. All of the above may have the same attached to or
149. A leading question is one which made part of the record
suggests to the witness the answer B. If the evidence excluded is
which the examining party desires. It oral testimony, the offeror may
is not allowed except: state for the record the name and
A. On a cross examination ‘ other personal circumstances of the
B. On a preliminary matters witness and the substance of the
C. When there is difficulty in proposed testimony
getting direct and intelligent C. All of the above
answers who is ignorant, or a child D. None of the above
of tender years, feeble minded, 156. It is the duty of a party to
deaf-mute; of an unwilling or present evidence on the facts in issue
hostile witness necessary to establish his claim or
D. All of the above defense by the amount of evidence
150. It is a question, which assumes required by the law.
as a true a fact not yet testified to A. Burden of proof
by a witness, or contrary to that which B. Weight and sufficiency of
he has previously stated. It is not evidence
allowed: C. Corroborative evidence
A. Leading question D. All of the above
B. Vague question 157. The best evidence rule does not
C. Misleading question apply:
D. All of the above A. When the contents of the
151. The rights of witness are: document are not the subject of
A. To be protected from inquiry
irrelevant, improper, or insulting B. Where the only issue as to
questions, and from harsh or whether or not such document was
insulting demeanor actually executed or not
B. Not to give an answer which C. Whether or not the document
will tend to subject him to a was delivered to the persons
penalty for an offense unless supposed to received it
otherwise provided by law D. All of the above
C. Not to give an answer which 158. The due execution or existence of
will tend to degrade his reputation, a document can be established by:
unless it be to the very fact at A. The person who was present
issue and saw it executed
D. All of the above B. A person who saw the
152. The court shall consider no execution and recognized the
evidence, which has not been formally signature after it was executed
offered. The purpose for which the C. Person to whom the parties
evidence is offered must be specified. to the instrument had previously
This is known as: confessed the execution thereof
A. Offer of evidence D. All of the above
B. Ruling on the evidence 159. The requirements in proving the
C. Offer and objection contents of secondary evidence:
A. The original writing or an implied admission of X for the
document was in fact duly executed reason that:
and delivered and duly accepted A. There was no offer of
B. That it has been duly lost compromise made by X
or destroyed B. it was made by the heirs of
C. That upon proof of its the victim
execution and loss or destruction, C. X offer was only to buy
the contents may be proved by a peace and should not be construed
copy, or by a recital of its against him
contents in some authentic document, D. All of the above
or by recollection of witness 166. X was accused of having rape C. X
D. All of the above offered to marry C. the offer X is an
160. Carbon copies signed by the offer of compromise and this is not
parties on the same occasion are allowed even in rape cases, which are
considered: not considered private crime.
A. Secondary Consequently, the offer of X is
B. Original copy admissible as:
C. All of the above A. Extra-judicial confession
D. None of the above of guilt
161. The other names for object B. Express admission of guilty
evidence: C. Implied admission of guilt
A. Real evidence D. All of the above
B. Autoptic preference 167. “A” while driving his car, ran
evidence over B. A visited B at the hospital and
C. None of the above offered to pay for his hospitalization
D. All of the above expenses. Is the offer by A to pay the
162. At the trail of “A” for violation hospitalization expenses of B
of the Dangerous Drug Act, the admissible as evidence?
prosecution offers in evidence a A. Not admissible in evidence
photocopy of the marked P 1,000.00 as proof of the civil or criminal
bills used in the “buy-bust operation”. liability of A
The photocopy of the marked money is B. An offer to pay
what kind of evidence? hospitalization expenses is not
A. Real evidence admissible as proof of civil or
B. Secondary evidence criminal liability
C. Documentary evidence C. All of the above
D. All of the above 168. X, Y & Z were charged in court
163. X filed a suit for damages for murder. When put together in jail,
against Y for derogatory remarks they engaged in recrimination, blaming
uttered by Y in a radio interview. At each other for the crime charged. The
the trail, the tape recording of the jail warden heard said conversation.
radio interview was asked by counsel of During the trial, the jail warden was
X to be played in court. The tape presented to testify on the
recording is admissible as: recrimination had among X, Y & Z. It is
A. Object evidence admissible as:
B. Documentary evidence A. Independent relevant
C. Incomplete evidence statement
D. All of the above B. Legal Hearsay
164. X was charged with rape with C. All of the above
homicide. X offered P 1,00,000 as D. None of the above
amicable settlement to the family f the 169. X is charged with frustrated
victim. The family refused. The offer murder of Y. the witness of the
of compromise made by X is admissible prosecution testified that he saw X
as: prepare the poison, which X poured into
A. Direct evidence to prove Y’s drink. X sought the
his guilt disqualification of B as witness due to
B. Implied admission of his the latter’s final conviction of
guilt perjury. Decide:
C. All of the above A. B is allowed to testify
D. None of the above B. Conviction of a crime is
165. X was charged with homicide. not a ground for disqualification as
Before the case could be tried, the a witness
heirs of the victim approached X and C. All of the above
discussed with him the possibility of D. None of the above
settlement of the case and asked how 170. A and B are legally married. C
much X was willing to pay. X offered P kills A, the husband of B and is now on
50,000.00 and the heirs accepted the trial for homicide. During the trial C
offered. The agreement and the offer of called B (widow) to testify on
X of P 50,000.oo cannot be admitted as statements made by A while under the
consciousness of death. Is B C. It is not also admitted
disqualified to testify as a witness? against C even if conspiracy is
Decide. proven between M & C as the
A. B us a competent witness statement was made after the
for the prosecution or defense conspiracy had already ceased
B. As to the dying declaration D. All of the foregoing
made to her by her deceased husband 175. A was stabbed in the chest. He
C. All of the above immediately called for help and
D. None of the above policemen promptly approached him. He
171. In July 1999, D executed a told the policemen that he felt he
promissory note in favor of A in the would die from the serious wound
presence of P. D died in 1999, D inflicted on him by D who has a grudge
executed a promissory note in favor of against him. He was brought to a
A in the presence of P. D died in 1999 hospital for treatment where the same
and in 2001, P sues D’s administrator day he was shot and killed by someone
in court to collect the amount of the whose identity could not be established
note because A has assigned the note to by an eyewitness. Eventually, D was
P. can P and A to the execution of the charged in court for the death of A.
note? Decide. the prosecution had to rely its case on
A. P & A cannot testify circumstantial evidence. At the trial
because this is a matter of fact the policemen was presented to testify
occurring before the death of D on the declaration made to him by A. Is
B. Not allowed under the the declaration of A admissible as a
Deadman’s Statute dying declaration or part of the res
C. All of the above gestae?
D. None of the above A. Not admitted as a dying
172. A goes to the confessional box declaration because the cause of
and made a confession to the priest death of A was due to gunshot wound
that the he killed Z, but B, the and not stabbing.
sacristan, overhead the confession. Can B. Not also part of res gestae
B testify? Decide. because D was charged with the death
A. The disqualification rule of A and the cause of the death of A
applies only between priest and was not the stabbing of D.
penitent C. All of the above
B. Not to sacristan who heard D. None of the above
the confession 176. Two (2) hours after Y was shot
C. All of the above with a 45-caliber pistol, his employer
D. None of the above in the hospital where he was
173. The administrator of the instate immediately brought for treatment after
estate of X files a case for he was shot visited him. Immediately,
partition/accounting/damages among after recognizing his employer, Y told
brothers and sisters. During the trial, his employer that X shot him. The
the administrator objected to the employer, being a law graduate of
defendants’ testimony against deceased Manila Law College, took the initiative
X. Decide. to taking in longhand the statement of
A. The defendants testimony is Y. Y narrated the facts surrounding the
admissible shooting and positively X as the gun
B. The case filed by the wielder, witnessed by his employer and
administrator is not the estate or his attending physician and nurse, Y
the administrator signed the statement taken by his
C. The dead man’s statute does employer based on his narration of what
not apply in this case actually happened. Ten (10) days later,
D. All of the above Y died as consequence of the gunshot
174. During custodial investigation at wound. After the preliminary
the Police. M was informed of his investigation, X was charged for murder
constitutional right to remain silent in court. Decide the nature of the
and to have competent and independent declaration of Y.
counsel. He decided to waive hid right A. Not a dying declaration
to counsel and proceed to make a because the statement was given not
statement admitting commission of a under a consciousness of impending
case of homicide. In the same death;
statement, he implicated C, his co- B. Not also a part of res
conspirator in the crime. Is the gestae because it was not made
statement of M admissible? Decide. immediately after the startling
A. the statement of M is not occurrence but 2 hours after the
admissible shooting;
B. The waiver of counsel was C. It is not considered as an
not made in the presence of counsel independent relevant statement
because the same is being presented
to established the truth and the declaration or could it be admitted a s
merely the tenor of the declaration; another exception to the hearsay rule?
D. All of the foregoing Decide.
177. In an extra-judicial confession A. Y’s declaration is not
executed before the NBI, A charged with admissible as a dying declaration
murder, voluntarily admitted the because it was not the declaration
charged. After the conduct of of victim X whose death is the
preliminary investigation, A, B & c subject of inquiry:
vehemently denied the charged. During B. Y is the assailant and not
the trial, counsel of B & C vigorously the victim; but the declaration of Y
objected to A’s testimony in court is a declaration against interest;
implicating his co-accused. Is the C. All of the above
testimony of Z in court admissible? D. None of the above
Decide. 181. Two days before the victim of a
A. A’s testimony during the stabbing incident died, he made
trial is admissible statement to the police identifying the
B. As an exception to hearsay person who had stabbed him. When asked
rule by the police, the victim added that he
C. Considering that the did not know if he was going to
confession is a judicial confession survive, because the many stab wounds
or made in a joint trial; he sustained were very painful. What is
D. All of the above the nature of the declaration of the
178. “W” filed charges of concubinage deceased? Decide
against her husband “H” and his A. Not a dying declaration
paramour “M”. May the court allow or because it was not made under
give weight to the P 200,000.00 diamond consciousness of an impending death;
ring which “H” had offered to “W” as a B. Admitted as part of res
compromise provided “W” desist from gestae
filing the concubinage charge. Decide. C. All of the above
A. The offer of the diamond D. None of the above
ring as a compromise is admissible 182. A found by his wife C dying of
B. It is an implied admission gunshot wounds. Under a consciousness
of “H” guilt; of impending death, A, before he
C. Concubinage is not one of collapses, whispers top his wife C,D
those to be compromised as it does shot me because he discovered that his
not fall as a criminal or quasi wife, E, is my mistress. C goes to the
delict case police and makes a sworn statement, to
D. All of the above include the information whispered to
179. A husband was accused of homicide her by A. A did not die due to timely
because he allegedly killed the medical attendance. D is now charged
illegitimate child of his wife with with frustrated murder. What is the
another man. At the trial, the wife was nature of A’s declaration? Decide
presented as a witness for the A. not dying declaration
prosecution, but the court, upon because the declarant did not die
objection of the husband did not allow B. The declaration is
the wife to testify? Decide. admissible as part of the res gestae
A. The court did not act because the statement was made
correctly spontaneously after a stabbing
B. The wife should be allowed incident;
to testify against her husband as an C. It was made before A had
exception to the marital time to contrive;
disqualification rule; D. All of the above
C. The husband was accused of 183. A group of 3 persons, A, B & C
killing the illegitimate of his wife robbed a house. When they were fleeing
which is considered as a crime after the robbery, they were
committed against his wife’s intercepted by the police and as a
descendant; result A was mortally wounded. Before
D. All of the foregoing he died, but conscious of his impending
180. “X” had a disagreement with “Y” death, A admitted participation in the
and “Z” over a parcel of land. The robbery, and named B and C as his
exchange of words led to a bolo duel companions. Hence, B & C were charged
between “X” and “Y” in whom was killed for the death of the policeman? What is
and “Y” was fatally wounded. Before “Y” the nature of the declaration of A?
in duel. Thereafter a case of homicide Decide.
was filed against “Z” on the theory A. Not a dying declaration
that the he participated in the killing because the subject of inquiry is
of “X”, “Z” offered as a part of his the death of the policeman;
defense the written statement of “Y”.
Could it be admitted as a dying
B. The declaration does not 190. A witness may be considered as
refer to A’s death, neither is the unwilling or hostile only if so
inquiry about A’s death declared by the court upon adequate
C. All of the above showing of:
D. None of the above A. His adverse interest
184. X and Y are very good friends. Y B. His having mislead the
has been asking X whether he was asking party calling him to the witness
X he was legally married with his wife stand
to which X has repeatedly evaded. One C. Unjustified reluctance to
day X was stabbed and his friend Y testify
rushed to him and after assisting him, D. All of the above
Y reiterated his question to X whether 191. The grounds for disqualification
the woman he was living was his legal of testimonial evidence are:
wife. Conscious of his impending death, A. Religious belief
X admitted that said woman is only his B. Political belief
mistress. Is the declaration or res C. Interest in the outcome of
gestae? Decide. a case
A. Not a dying declaration D. All of the above
B. The declaration has nothing 192. It is an extra judicial
to do with the circumstance confession independently made without
surrounding X’s death; collusion, which are identical with
C. All of the above each other in their material respects
D. None of the above and confirmatory of the other.
185. The rule, which states that a A. Interlocking confession
person may not be compelled to testify B. Adopted confession
on the ground of parental or filial C. All of the above
privilege, covers. D. None of the above
A. Parents 193. The following are not admissions
B. Others descendants of liability or guilt and are therefore
C. Children or other direct not admissible in evidence:
descendants A. Plea of guilty later
D. All of the above withdrawn
186. X was approached by Y. X later on B. Unaccepted offer or plea of
shouted “array”. He was brought to the guilty to a lesser offense
hospital where he whispered to Z the C. Offer to pay medical,
name of the person who shot him. He hospital or other expenses due to an
died two (2) hours later. The nature of injury
his declaration is: D. All of the above
A. Dying declaration 194. It is a statement whose probative
B. Res Gestae value is independent of its truth or
C. Declaration against falsity. The mere fact of its utterance
interest is relevant.
D. A & C A. Hearsay statement
187. X was raped by A, B & C. She gave B. Independent relevant
birth to child. Who should be compelled statement
to recognize the child in a multiple C. All of the above
rape? D. None of the above
A. B 195. It is one, which assumes as true,
B. C a fact not yet testifies to by the
C. A witness, or contrary to that which he
D. All of the Above has previously stated. It is not
188. The examination of witness allowed.
presented in trial or hearing shall be A. Leading question
done; B. Misleading question
A. In open court C. Vague question
B. Under oath or affirmation D. All of the above
C. All of the above 196. It is the examination of a
D. None of the above witness by the party presenting him on
189. A court shall take notice without the facts relevant to the issue.
the introduction of evidence and this A. Cross exam
is known as mandatory judicial notice; B. Direct exam
while a court may take judicial notice C. Re-direct exam
of matters, which are of: D. Re-cross exam
A. Public knowledge 197. Upon the termination of the
B. Capable of unquestionable direct exam, the witness may be
demonstration examined by the adverse party to test
C. Ought to be known to judges because his accuracy and truthfulness and
of their judicial functions; freedom from interest and bias, to
D. All of the above
elicit all-important facts bearing upon
the issue.
A. Re-direct exam
B. Cross –exam
C. Direct exam
D. All of the above
198. After the cross exam of the
witness, he may be examined by the
party calling him, to explain or
supplement his answer given during the
cross exam.
A. Re-direct exam
B. Recross exam
C. Direct cross
D. Cross exam
199. Upon the conclusion of the re-
direct exam, the adverse party may
examine the witness on matters stated
in his re-direct.
A. Re-cross exam
B. Re-direct exam
C. Cross exam
D. Direct exam
200. It means moral certainty or that
degree of proof, which produces
conviction in an unprejudiced mind.
A. Reasonable doubt
B. Moral certainty
C. Corpus delicti
D. All of the above
END OF PART FIVE
MR. KEY ANSWER for CJURIS (part 5)
1. The testimony of an expert is admissible if:
a. The subject under examination requires knowledge or

experience.
b. The witness is an expert who possesses special knowledge,

skill, training or
experience on the particular subject under inquiry.
c. All of the above
1. 26 51 76
C .B .D .D
2. 27 52 77
D .D .A .D
3. 28 53 78
D .D .C .D
4. 29 54 79
C .D .A .D
5. 30 55 80
C .D .C .C
6. 31 56 81
D .B .A .C
7. 32 57 82
B .D .D .D
8. 33 58 83
A .D .D .C
9. 34 59 84
C .D .D .C
10 35 60 85
.D .B .B .D
11 36 61 86
.C .D .D .B
12 37 62 87
.D .C .A .C
13 38 63 88
.D .B .A .C
14 39 64 89
.C .D .B .D
15 40 65 90
.D .D .D .D
16 41 66 91
.C .C .C .D
17 42 67 92
.C .A .C .A
18 43 68 93
.D .C .C .D
19 44 69 94
.D .D .D .B
20 45 70 95
.C .D .C .B
21 46 71 96
.C .D .C .B
22 47 72 97
.C .D .C .B
23 48 73 98
.B .D .D .A
24 49 74 99
.C .D .D .A
25 50 75 10
.D .C .C 0.
A
1. Under Section 6 of the Rule 120 of the Rules
of Court, a judgment of acquittal is validly
promulgated after the Clerk of Court has
entered it in the criminal docket and the
defendant served with a copy thereof. The
presence of the defendant is not necessary
where the judgment is one of:
a. Conviction of grave offense c. Conviction of a light
offense
b. Acquittal d. All of them
2. A judgment becomes final after the lapse of

the period for...
a. Perfecting an appeal
b. Presentation of evidence by the prosecution
c. Presentation of evidence by the defense counsel
d. All of them
3. It portrays a proceeding whereby errors of law

or irregularities are expunged from the record,
or new evidence is introduced, or both steps are
taken in __________ by the nature of its
purpose and what is to be done, both parties
have to intervene. The blank space is known as:
a. New Trial c. Trial
b. Motion for Reconsideration d. All of them
4. It contemplates of no new hearing or

proceeding of any kind except to seek a change
in the judgment already accomplished but only
on the basis of what is already in the record.
a. New Trial c. Trial
b. Motion for Reconsideration d. Appeal
5. A motion for new trial should be filed at any

time within fifteen days from the promulgation of
a judgment of conviction that is...
a. Before the appeal is perfected
b. After the final entry of a judgment of conviction
c. After the appeal is perfected
d. All of the above
6. Where the appeal has been perfected, the

motion for new trial should be presented to the
appellate court, because once an appeal is
perfected, the trial court...
a. Still retains its power to set aside the judgment
rendered by it or to grant a new trial
b. Loses its power to set aside the judgment rendered by it
to grant a new trial
c. All of the above
7. The prosecution cannot appeal from a

judgment of conviction to increase the penalty
because:
a. The accused would be placed in double jeopardy
b. The prosecution can ask that the judgment be set aside
c. The prosecution can ask for reopening of the case
d. All of them
8. Appeal by “either party” as used in the law
has been interpreted to mean...
a. Only the government and the accused
b. Other persons who may be affected by the judgment
rendered in the criminal proceedings
c. B only
d. All of the above
9. The period for appeal from final orders,

resolutions, awards judgments or decisions of
any court in all cases shall be...
a. 15 counted from the notice of the final order, resolution,
award, judgment or decision appealed from
b. Within in 15 days from the notice of the final order,
resolution, award, judgment or decision appealed from
c. 15 days after the notice of the final order, resolution,
d. 15 days before the notice of the final order, resolution,
10. Corollary to the item above mentioned,

when will the period for perfecting an appeal be
interrupted?
a. After the time a motion for a new trial or reconsideration
is filed until notice of the order overruling the motion
shall have served upon the accused or his counsel
b. After the time a motion for new trial or reconsideration is
filed until notice of the order overruling the motion shall
have served upon the accused or his counsel
c. Before the time a motion for a new trial or
reconsideration is filed until notice of the order
overruling the motion shall have been served upon the
accused or his counsel
11. Supposing the judge rendered an oral

decision. It may either be for conviction,
acquittal or dismissal. The oral decision will
never become final because:
a. It was not in writing;
b. Not signed by the judge who rendered it;
c. The judge can still change or modify it
d. All of the above
12. Judgment is valid and binding when:

a. Duly signed by a judge;
b. Filed with the Clerk of Court
c. Promulgated during the
incumbency of the judge who signed
d. All of the above
13. X was charged with frustrated homicide.

During the arraignment, he pleaded not guilty.
Immediately after he gave his plea of not guilty,
the victim died. So X was charged again, this
time, with homicide. When arraigned for
homicide, X moved to quash the homicide case
on the ground of double jeopardy. Is X
contention correct? No because:
a. The second offense did not yet exist at the time of the
first prosecution for frustrated homicide
b. Possibility for him to be convicted for non-existing
crime, which supervened after
being charged for frustrated homicide;
c. B only
d. All of the above
14. X was charged with murder but during the

trial, the offense proved was homicide only.
What would be the decision of the judge?
a. Murder because this is the offense charged c.
No decision
b. Homicide for being included in the offense charged; d.
All of the above
15. Supposing, the charge is for homicide but

the offense proved is murder. The decision of
the judge would be:
a. Convicted for murder because it is the offense proved;
b. Homicide for a person cannot be convicted of a greater
offense than that charged;
c. “A” only
d. All of the above
16. The court shall consider no evidence, which
has not been formally offered. The purpose for
which the evidence is offered must be specified.
When shall offer of evidence be made? As
regards the testimony of witness, the offer must
be made at the time__,
a. the witness is called to testify;
b. after the presentation of a party’s testimonial evidence;
c. fill out the blanks with the correct answer
d. all of the above
17. Promulgation of judgment in the RTC and

inferior courts shall be made as follows:
a. The Clerk of Court rendering the judgment shall give
notice to the accused;
b. Reading of the judgment in the presence of the accused
and judge in court
c. Service of the decision by mail
d. all of the above
18. Promulgation of the judgment in the

Supreme Court and Court of Appeal shall be
made:
a. By filing the judgment with the Clerk of Court of the
appellate court;
b. Presence of the accused is required;
c. The Clerk of Court shall make certified
true copies of the judgment to be serve
d. all of the above
19. The rule is, the Constitution bars State

intrusions to a person’s body, personal effects
or residence except if conducted by virtue of a
valid warrant search issued. However,
warrantless searches and seizures is legally
allowed in:
a. Search of moving vehicle c. Waiver or
concent searches
b. Search incidental to a lawful arrest
d. all of the above
20. It is a doctrine usually applied where a

police officer is not searching for evidence
against the accused, but nonetheless
inadvertently comes across incriminating
objects.
a. Waiver or consented search; c. In flagrante
delicto
b. Stop and frisk situation; d. Plain view
21. In determining the probable cause, it is

required that:
a. The judge must examine the complainant 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;
d. All of the above
22. Every search conducted in a house, room,

or premises must be made only in the
presence of:
a. The lawful occupant thereof or any member of his
family;
b. In their absence, in the presence of two witnesses of
sufficient age and discretion
residing in the same locality
c. All of the above
23. A search warrant has a lifetime of ten (10)

days. When the search under a warrant on one
day was interrupted, it may be continued under
the same warrant the following day:
a. If it is still within the ten-day period;
b. Even after ten days from its date
c. none of the above
d. all of the above
24. A warrantless arrest is considered legitimate
or valid and it includes a valid warrantless
search and seizure in:
a. Arrest in flagrante delicto; c. Arrests of escape
prisoner;
b. Arrest effected in hot pursuit; d. All of the
above
25. The police saw 2 suspicious looking persons

at dawn; hence, they stopped them. They were
carrying bags. When they were stopped, they
ran and when apprehended, an unlicensed
revolver was found in the bag. Is the search
without warrant valid or void?
a. Valid as this is stop and frisk situation;
b. Probable cause is present when they acted
suspiciously and attempted to run
c. That they are concealing something illegal;
d. All of the above
26. The Constitution proscribes/prohibits

unreasonable searches and seizures of
whatever nature. Without a judicial warrant, or
warrantless search is not allowed except:
a. A search incident to a lawful arrest; c. All of the
above
b. Seizure of evidence in plain view; d. Stop and frisk
situations
27. 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. Subpoena duces tecum c. All of the
above
b. Search warrants D. None of the above
28. A search warrant is in the nature of an

interlocutory order because there are other
things to be done, like:
a. The filing of the corresponding information;
b. Determination of the guilt of the accused;
c. none of the above
d. all of the above
29. A search warrant is issued purposely to

search and seize personal property which is:
a. Subject of the offense;
b. Stolen or embezzled and other proceeds or fruits of
the offense
c. Used or intended to be used as the means of
committing an offense
d. All of the above
30. The rights against warrantless arrest and

search and seizure are not absolute. Under the
Rules of Criminal Procedure, an arrest without a
warrant may be lawfully made by a peace officer
or a private person if:
a. When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to
commit an offense;
b. When an offense has just been committed and he has
probable cause to believe based on personal knowledge
of facts and circumstances that the person to be arrested
has probably committed the offense;
c. Escape prisoner from place of confinement/detention
d. All of the above
31. It is a method employed by police authorities

to malefactors in the act of committing the crime
of drug vending. It is a procedure not prohibited
by the RPC.
a. Buy bust operation
b. It is a form of entrapment
c. All of the above
32. Persons protected by the provisions
against unreasonable search and seizure.
a. Citizens of the Philippines only within the jurisdiction of
the Philippines
b. To all persons whether citizens or aliens within the
jurisdiction of the State
c. To all persons accused of acts and omissions
punishable under the Revised Penal Code
d. All of them
33. A search warrant and seizure of personal

property, ownership over it is...
a. Not necessary as possession and control is required
b. Necessary
c. Indispensable
d. All of the above
34. It simply means that sufficient facts must be

presented to the judge or magistrate issuing the
warrant, to convince him, not that the particular
person has committed the crime, but that there
is a cause for believing that the person whose
arrest is sought might have committed the crime
charged and that the object sought to be
seized is in the place to be searched.
a. Order for search warrant and seizure c. Writ of
execution
b. Probable cause d. Writ of confiscation
35. Of the four requisites for issuing search
warrant, one of the following is not included..
a. The warrant issued must particularly described the
person who committed the crime
b. It must be issued upon probable cause;
c. The probable cause must be determined by the judge
himself and not by the applicant or any other person;
d. In the determination of probable cause the judge must
examine under oath affirmation, the complainant and
such witness as the latter may product
36. Are outlawed because they place the

sanctity of the domicile and the privacy of
communication and correspondence at the
mercy of the whims, or passion of peace
officers.
a. Unreasonable search and seizure c. Illegally
seized documents
b. General search warrant d. All of them
37. The warrant must direct that it be served in

the daytime, unless...
a. 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.
b. The affidavit asserts that the property to be searched is
worth an amount within the jurisdiction of the Regional
Trial Court
c. The place to be searched is the subject of
embezzlement
d. All of them
38. And where the affidavit is insufficient and
the warrant issued on the strength of such
sworn statement is illegal, the search...
a. Can also be effected at night
b. Cannot be effected at night
c. Is really a mere continuation of the search begun the
previous day
39. Under Section 9 of Rule 126, a search

warrant shall be valid for how many days?
a. 15 days from its date c. 10 days after its
date
b. 10 days from its date d. 15 days after its
date
40. Refers to a territorial unit where the power of

the court is to be exercised.
a. Venue c. Jurisprudence
b. Jurisdiction d. Trial Courts
Order of trial is:
a. Prosecution, rebuttal, defense, submission for decision
b. Defense, prosecution, rebuttal, submission for decision
c. Prosecution, defense, rebuttal, submission for decision
d. Defense, rebuttal, prosecution, submission of the case
for decision
41. The procedure in the examination of

witnesses is:
a. Direct, cross, re-direct, re-cross examination
b. Direct, re-direct, cross, re-cross examination
c. Cross, direct, re-direct, re-cross examination
d. Cross, direct, re-cross, re-direct examination
42. This system of criminal procedure is

characterized by secrecy of investigation and it
is the option of the defense and prosecution to
appeal.
a. Fixed c. Inquisitorial
b. Mixed d. Accusatorial
43. In the Philippines, the system of criminal

procedure is:
a. Fixed c. Inquisitorial
b. Mixed d. Accusatorial
44. In criminal cases, what determines the

jurisdiction in criminal cases?
a. Subject matter c. Person accused
b. Territory d. Extent of the
penalty
45. Prescription of the crime commences to run:

a. Upon re-appearance of the accused;
b. Upon escape of the accused;
c. Upon discovery of the crime by the offended party, the
authorities or their agents;
d. Upon filing of the complaint or information
46. The duty of the party to present evidence to
establish his claim is referred to as:
a. Burden of proof c. Bill of particulars
b. Burden of evidence d. Presentation of
evidence
47. Which among the following is not covered

by the rules on summary procedures?
a. Violation of traffic laws
b. Violation of rental laws
c. Where the penalty does not exceed 6 months
imprisonment
d. Where the penalty exceeds six months imprisonment
48. Validity of the warrant of arrest expires:

a. After 10 days c. After 365 days
b. After 30 days d. No fixed duration
49. Lifetime of a search warrant:

a. 10 days c. 45 days
b. 30 days d. 60 days
50. In criminal cases, the People of the

Philippines is the:
a. Plaintiff c. Offended party
b. Complainant d. Aggrieved party
51. In civil cases, the person charged is referred
to as:
a. Accused c. Defendant
b. Suspect d. Respondent
52. In administrative cases the person charged

is:
a. Accused c. Defendant
b. Suspect d. Respondent
53. The part of trial wherein the civil aspect of

the case may be amicably settled:
a. Plea bargaining c. Preliminary
Investigation
b. Hearing d. Pre-trial
54. Referred to as the court of first instance:

a. Metropolitan Trial Court c. Court of
Appeals
b. Regional Trial Court d. Supreme Court
55. Taking of a person into custody in order that

he may be bound to answer for the commission
of an offense.
a. Detention c. Arrest
b. Restraint d. Seizure
56. A person designated by the court to assist

destitute litigants.
a. Counsel c. Attorney on record
b. Attorney at law d. Counsel de officio
57. It refers to the answer given by the accused

to a charge or indictment.
a. Reply c. Plea
b. Motion d. Confession
58. Generally, after a plea of not guilty is

entered, how many days is given by law for the
accused to prepare for his trial.
a. 15 days c. 4 days
b. 3 days d. 5 day
59. Refers to the adjudication by the court that

the accused is guilty or not guilty of the offense
charged, and the imposition of proper penalty
and civil liability provided for by law on the
accused.
a. Conviction c. Acquittal
b. Judgment d. Conclusion
60. Arraignment is the stage in a criminal

prosecution which consists of:
a. Reading to the accused in open court of the
information charging him for an offense
b. Delivering to the accused a copy of the information
c. Asking him whether the accused pleads guilty or not
guilty as charged
d. All of the above
61. This is a plea of guilty made by the accused

subject to a condition.
a. Unconditional plea of guilty c. Reverted plea
b. Conditional plea d. Improvident plea
62. This is a plea of guilty without any condition

or reservation.
a. Improvident plea c. Conditional
plea
b. Indirect plea d. Unconditional plea
63. This is the refusal of the accused to make a

plea, whether guilty or not guilty; hence, the
court shall enter a plea of not guilty for him.
a. Negative indirect plea c. Improvident
plea
b. Conditional plea d. Reverted plea
64. If the accused enters a plea of guilty but

presents exculpatory evidence like self-defense
is:
a. Unconditional plea c. Reverted plea
b. Conditional plea d. Improvident plea
65. This is the kind of plea of guilty of the

accused but which he did not intent to enter as
he was just induced or forced to enter. It is a
plea which may be withdrawn before the
judgment of conviction becomes final and to be
substituted with a plea of not guilty.
a. Conditional plea c. Reverted plea
b. Negative indirect plea d. Improvident
plea
66. It is the reading of the complaint or

information to the accused in the language or
dialect known to him, and asking him whether
he pleads guilty or not.
a. Plea c. Arraignment & plea
b. Arraignment d. None of the above
67. It is the answer of the accused whether

guilty of not guilty in an arraignment for a
criminal charge.
a. Arraignment c. Defense
b. Plea d. All of the above
68. The presence of the offended party shall be
required during the arraignment for the purpose
of:
a. Plea bargaining c. B only
b. Determination of civil liability d. All of the
above
69. Under the Rule, there are things enjoined

upon the trial court when a plea of guilty to a
capital offense is entered by the accused:
a. The court must conduct searching inquiry into the
voluntariness of the plea;
b. The prosecution to present evidence to prove the guilt
of the accused;
c. The court must ask the accused if he desires to present
evidence in his behalf;
d. All of the above
70. The authority of the court to take

cognizance of a case in the first instance is
known as:
a. Original jurisdiction c. Appellate
jurisdiction
b. General jurisdiction d. Delegated
jurisdiction
71. The place of trial for a criminal action is

called:
a. Territory c. Venue
b. Jurisdiction d. Motion
72. The law expanding the jurisdiction of the

Metropolitan Trial Court, Municipal Trial Courts
and Municipal Circuit Trial Court is known as:
a. RA 7659 c. PD 1612
b. PD 1866 d. RA 7691
73. Under the expanded jurisdiction of the

Metropolitan Trial Court, it shall exercise
exclusive original jurisdiction over the offenses
punishable with imprisonment.
c. Not exceeding 4 years and 2 months c. Not
exceeding six years;
d. Not exceeding 2 yrs d. Not exceeding
six months
74. The Judiciary Reorganization Act is

otherwise known as:
a. PD 1612 c. RA 7695
b. BP 186 d. BP 129
75. In Metropolitan Trial Court, the complaints

is filed with the:
c. Office of the President c. Office of Clerk of Court
d. Office of the Prosecutor d. Office of the
Ombudsman
76. Criminal cases where the penalty
prescribed by law for the offense charged does
not six months falls under the rule on:
a. Regular procedure c. Summary
procedure
b. Criminal procedure d. Civil Procedure
77. New trial is granted:

a. after the judgement of conviction
becomes final
b. before the judgement of conviction
becomes final
c. after appeal has been taken
d. after entry of judgement
78. In general, the formal requisites of a

complaint or information are the following,
except:
c. It must be in writing
d. It must be in the name of the People of the Philippines
e. It must be filed with the Prosecutor’s Office
f. It must be filed in court
79. The following are the requisites of an

information except:
a. The fiscal
b. The offended party
c. Any public officer charged with the enforcement of the
law violated
d. The offense committed
80. The following are the requisites of an

information except:
a. It must be filed by the offended party
b. It must charged a person with an offense
c. It must be subscribed by the prosecutor
d. It must be in writing
81. The offended spouse should be the one to

file the complaint in the crime of:
a. Bigamy c. Adultery and concubinage
b. Rape d. Unjust vexation
82. The following offense shall not be

prosecuted except upon a complaint filed by the
offended party, or her parents, grandparents, or
guardian:
a. Rape c. Seduction and
abduction
b. Bigamy and simulation of birth d. Adultery and
concubinage
83. The right of the State to initiate criminal

actions in behalf of incapacitated individuals
with no known parent, grandparent or guardian
is known as:
a. Doctrine of parents patria c. Doctrine of non-
suability
b. Police power d. Habeas corpus
84. A certain husband dies before he could

institute the criminal action for adultery against
his wife and the paramour. The case may:
a. No longer be prosecuted c. Be prosecuted by
the husband’s parents
b. Still be prosecuted d. Be prosecuted by
the State
85. The complaint or information should state

the following except:
a. Name of the offended party
b. The designation of the offense by the statute
c. Name of the court
d. Name of the accused
86. Intervention of the offended party in the

criminal action is not allowed in the following
instances except:
a. When he has waived the civil action
b. When he has expressly reserved the right to institute
the civil action separately
c. When he has filed the civil action ahead of the criminal
action
d. When he has not waived the civil action
87. The following may conduct preliminary

investigation:
a. Provincial or city prosecutors c. National and
Regional state prosecutors
b. Judges of the lower courts d. All of the above
88. When an information is filed, the Regional

Trial Court:
a. Cannot issue a warrant of arrest c. Can conduct the
preliminary investigation
b. Can issue a warrant of arrest d. Cannot conduct the
preliminary investigation
89. 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 personally determined by
the judge;
c. After examination under oath of the complainant and his
witnesses;
d. Particularly describing the place to be searched;
e. Particularly describing the person to be seized
90. With regard to issuance of warrant of arrest,

prosecutors are:
a. Authorized to issue warrants
b. Not authorized to issue warrant of arrest
c. Authorized to conduct examination of the complaint
d. Not authorized to examine the witnesses
91. The modes of making arrest are:

a. By an actual restraint of the person to be arrested;
b. By his submission to the custody of the person making
the arrest;
c. By using unreasonable force;
d. A & B only
92. The officer to whom the warrant of arrest

was assigned for execution shall make a report
to the judge who issued the warrant within:
a. 10 days from the expiration of the period of execution
b. 5 days from the expiration of the period of execution
c. Both A & B
93. Bail is:

a. A matter of right in capital offenses
b. A matter of discretion when the evidence of guilt is
strong
c. A matter of discretion in capital offenses when the
evidence of guilt is not strong
d. A matter of right when the evidence of guilt is strong
94. Capital offense is:

a. An offense which under the law existing at the time of
its commission and at the time of the application to be
admitted to bail may be punished with death
b. An offense which is punishable by correctional penalties
c. An offense which is non bail able
95. Bail bond is cancelled in the following

instances, except:
a. Surrender of the accused d. Dismissal of the
case
b. Acquittal of the accused e. Execution of the
final judgment of conviction
c. Death of the prosecutor
96. 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
97. Before arraignment, if the crime charged is

vague to the accused he may move for a:
a. Motion to dismiss c. Bill of particulars
b. Motion to quash d. Bill of lading
c.
98. The existence of a valid prejudicial question

may cause the suspension of the:
a. Trial c. Arraignment
b. Preliminary d. Judgment
99. The accused may move to quash the

complaint or information at any time:
a. Before he enters his plea c. Before he moves to
dismiss the case
b. After he enters his plea d. Before judgment
100. The following grounds are not considered
waived even if the accused fails to move to
quash the compliant or information, except:
a. Lack of jurisdiction of the offense;
b. Extinction of the offense charged;
c. The information fails to charge an offense;
d. The officer who filed the complaint lacks authority to do.
Criminal Jurisprudence Review Questions
1. Berto, with evident premeditation and treachery killed his

father.
What was the crime committed?
A. Murder
B. Parricide
C. Homicide
D. Qualified Homicide
Answer: B
2. PO3 Bagsik entered the dwelling of Totoy against the latter’s will

on suspicion that Bitoy keep unlicensed firearms
in his home. What was the crime committed by PO3 Bagsik?
A. Trespass to Dwelling
B. Violation of Domicile
C. Usurpation Of Authority
D. Forcible Trespassing
Answer: B
3. Charlie and Lea had been married for more than 6 months.They
live together with the children of Lea from her first husband.
Charlie had sexual relation with Jane, the 14 year old daughter
of
Lea.Jane loves Charlie very much.What was the
crime committed
by Charlie?
A. Simple Seduction
B. Qualified Seduction
C. Consented Abduction
D. Rape
Answer: B

4. Prof. Jose gave a failing grade to one of his students, Lito. When
the two met the following day, Lito slapped
Prof. Jose on the face. What was the crime committed by Lito?
A. Corruption of Public Officials
B. Direct Assault
C. Slight Physical Injuries
D. Grave Coercion
Answer: B
5. A warrant of arrest was issued against Fred for the killing of his
parents. When PO2 Tapang tried to arrest him,Fred gave him
1
million pesos to set him free. PO2 Tapang refrained in arresting
Fred. What was the crime committed by PO2 Tapang?
A. Indirect Bribery
B. Direct Bribery
C. Corruption of Public Officials
D. Qualified Bribery
Answer: D
6. Which of the following is the exemption to the hearsy rule made

under the consciousness of an impending death?
A. Parol Evidence
B. Ante mortem statement
C. Suicide note
D. Dead man statute
Answer: D
7. Factum probans means __.

B. ultimate fact
C. evidentiary fact
D. sufficiency of evidence
Answer: C
8. It refers to family history or descent transmitted from one

generation to another.
A. inheritance
B. heritage
C. pedigree
D. culture
Answer: C
9. The authority of the court to take cognizance of the case in the

first instance.
A. Appellate Jurisdiction
B. General Jurisdiction
C. Original Jurisdiction
D. Exclusive Jurisdiction
Answer: 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
Answer: 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
Answer: 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
Answer: C
13.The Anti-Bouncing Check Law.

A. RA 6425
B. RA 8353
C. BP.22
D. RA 6975
Answer: 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
Answer: 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
Answer: 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
Answer: 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
Answer: 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
Answer: 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
Answer: 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
Answer: 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
Answer: 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
Answer: A
23. The loss or forfeiture of the right of the government to execute

the final sentence after the lapse of a certaintime fixed by law.
A. prescription of crime
B. prescription of prosecution
C. prescription of judgement
D. prescription of penalty
Answer: D
24. A kind of executive clemency whereby the execution of penalty

is suspended.
A. Pardon
B. commutation
C. amnesty
D. reprieve
Answer: 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
Answer: 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
Answer: B
27.
The willful 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
Answer: C
28. Deliberate planning of act before execution.

A. Treachery
B. evident premeditation
C. ignominy
D. cruelty
Answer: 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
Answer: C
30. The failure to perform a positive duty which one is bound to.
A. Negligence
B. imprudence
C. omission
D. act
Answer: 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
Answer: 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
Answer: C

33. One of the following is an alternative circumstance.
A. Insanity
B. intoxication
C. passion or obfuscation
D. evident premeditation
Answer: 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
Answer: 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
Answer: 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
D. trial
Answer: 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
Answer: 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
Answer: A
39. The adjudication by the court that the accused is guilty or is

not
guilty of the offense charged, and the imposition of the proper
penalty and
A. trial
B. Pre-trial
C. Arraignment
D. Judgment
Answer: 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
Answer: C
41. It is evidence of the same kind and to the same state of facts.
B. prima facie evidence
C. corroborative evidence
D. best evidence
Answer: C
42. It is that which, standing alone, unexplained or uncontradicted

is
sufficient to maintain the proposition affirmed.
D. best evidence
Answer: 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
Answer: 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
Answer: 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
Answer: D
46. All persons who can perceive and perceiving, can make known
their perception to others.
A. Suspects
B. witnesses
C. victims
D. informers
Answer: 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
Answer: 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
Answer: 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
cognizance of which pertains to another tribunal.
A. legal question
B. juridical question
C. prejudicial question
D. judicial question
Answer: C
50. The RPC was based on the

A. Spanish penal code
B. English penal code
C. American penal code
D. Japanese penal code
Answer: 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
Answer: B
52. Infanticide is committed by killing a child not more than….

A. 36 hours
B. 24 hours
C. 48 hours
D. 72 hours
Answer: 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
Answer: 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
Answer: B
55. The law which reimposed the death penalty.
A. RA 5425
B. RA 8553
C. RA 7659
D. RA 8551
Answer: 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
Answer: 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
Answer: 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 bound s of humanly foreseeable consequences.
A. fortuitous event
B. fate
C. accident
D. destiny
Answer: 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
Answer: 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
Answer: 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
Answer: 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
Answer: 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
Answer: 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
Answer: 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
Answer: A
66. Alevosia means

A. Craft
B. treachery
C. evident premeditation
D. cruelty
Answer: 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
Answer: 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
Answer: C
69. A kind of evidence which cannot be rebutted or overcome.

A. Primary
B. Best
C. Secondary
D. Conclusive
Answer: D

A. Primary
B. Best
C. Secondary
D. Conclusive
Answer: D
71. These questions suggest to the witness the answers to which

an
examining party requires.
A. leading
B. misleading
C. stupid
D. hearsay
Answer: A
72. A method fixed by law for the apprehension and prosecution of
persons alleged to have committed a crime, and
or their punishment in case of conviction
A. Criminal Law
B. Criminal Evidence
C. Criminal Procedure
D. Criminal Jurisprudence
Answer: C
73. The period of prescription of crimes punishable by death.

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

A. Accomplices
B. Accessories
C. Instigators
D. Principals
Answer: 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
Answer: B
76. The improper performance of some act which might lawfully be
done.
A. misfeasance
B. malfeasance
C. nonfeasance
D. dereliction
Answer: B
77. A sworn statement in writing, made upon oath before an

authorized magistrate or officer.
A. subpoena
B. writ
C. warrant
D. affidavit
Answer: 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
Answer: 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
Answer: 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
Answer: 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
Answer: 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
Answer: C
83. The detention of a person without legal grounds by a public

officer or employee.
C. compulsory detention
D. unauthorized detention
Answer: 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
Answer: A
85. A building or structure, exclusively used for rest and comfort.

A. sanctuary
B. prison
C. jail
D. dwelling
Answer: D
86. The mental capacity to understand the difference between

right
and wrong.
A. treachery
B. premeditation
C. recidivism
D. discernment
Answer: D
87. Conspiracy to commit this felony is punishable under the law.

A. Estafa
B. Murder
C. Rebellion
D. Rape
Answer: 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
Answer: D
89. It means mistake in the blow.

A. Aberratio Ictus
B. Error in Personae
C. Dura lex sed lex
D. Praeter Intentionem
Answer: 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

answer: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
Answer: B

92. Crimes that have three stages of execution.
A. Material
B. Formal
C. Seasonal
D. Continuing
Answer: A
93. Felonies where the acts or omissions of the offender are

malicious.
A. Culpable
B. Intentional
C. Deliberate
D. Inculpable
Answer: B

94. It indicates deficiency of perception.
A. Negligence
B. Diligence
C. Imprudence
D. Inference
Answer: A
95. Acts and omissions punishable by special penal laws.

A. Offenses
B. Misdemeanors
C. Felonies
D. Ordinances

Answer: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
Answer: A

A. Bill of Attainder
B. Bill of Rights
C. Ex Post Facto Law
D. Penal Law
Answer: 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
Answer: C
99. Pedro stole the cow of Juan. What was the crime committed?
A. Robbery
B. Farm Theft
C. Qualified Theft
D. SimpleTheft
Answer: 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. Noneofthese
Answer: C
CRIMINAL JURISPRUDENCE
1.) John Rey was lawfully arrested in one of the rooms

of Hotel Nebraska. Incidental to that lawful arrest, the
police operatives conducted a warrantless search in
another room of the hotel adjacent to the suspect’s
room. The pieces of evidence that could be obtained
from that another room are considered-
A. Legal since they are taken incidental to a
lawful arrest
B. Inadmissible D. B and
/ or C
C. Admissible E. None
of these
2.) What is the territorial reach of a warrant of arrest?

A. Anywhere in the world B. Anywhere in the
Philippines
C. Within the region where such warrant of arrest was issued
D. Within the city where such warrant of arrest was issued
E. Within the place as specified in the warrant of arrest
3.) This may happen that one may offer evidence

which is inadmissible but which is admitted because
there is no objection from the opposite party. The latter
is not justified in introducing a reply to the same kind of
evidence, if properly objected, it erases the unfavorable
inference which might otherwise have been caused
from the original evidence.
A. Affirmative Admissibility B.
Corrective Admissibility
C. Multiple Admissibility D.
Conditional Admissibility
E. Curative Admissibility
4.) It is the informal and summary investigation

conducted by a public prosecutor in criminal cases
involving persons arrested and detained without the
benefit of warrant of arrest issued by the court for the
purpose of determining whether or not said persons
should remain under custody and correspondingly be
charged in court.
A. Preliminary investigation B.
Preliminary conference
C. Judicial inquiry D.
Inquest
E. Determination of probable cause
5.) What exists when the evidence submitted to the

Inquest Officer engenders a well-founded belief that a
crime has been committed and that the arrested or
detained person is probably guilty thereof?
A. Proof facie evidence B. Proof
beyond reasonable doubt
C. Criminal guilt D. Direct
evidence
E. Probable cause
6.) What is the categorical acknowledgement of guilt
made by an accused in a criminal case, without any
exculpatory statement or explanation?
A. Statement B. Affidavit
C. Confession
D. Admission E. Judicial
confession
7.) In criminal cases, except those involving quasi-

offenses or criminal negligence or those allowed by
law, what is the offer by the accused which may be
received in evidence as an implied admission of guilt?
A. Compromise B. Agreement
C. Covenant
D. Admission E. Plea of guilty
8.) The evidence which cannot be rebutted or

overcome is called-
A. Expert evidence B. Prima facie
evidence
C. Conclusive evidence D. Direct evidence
E. Best evidence
9.) Parole evidence is allowed in the following

instances, except-
A. None of these
B. When there is an intrinsic ambiguity, mistake
or imperfection in the written agreement
C. When there is a failure of the written agreement to express the
true intent and agreement of the parties thereto
D. When there arises a question as to the
validity of the written agreement
E. When there exist other terms agreed to by the parties or their
successors in interest after the execution of the written agreement
10.) This embraces any notable fact in the life of a

member of the family and includes relationship family
genealogy birth, marriage, death, the dates when and
the places where these facts occurred and the names
of relatives.
A. Family background B. Personal background
C. Pedigree
D. Resume E. Family history
11.) John and Peter planned to kill Zechariah by means

of strangulation. James, their friend knew the
conspiracy to commit the felony who in return failed to
report the same to the police. John and Peter
successfully killed Zechariah by strangulation. What is
the criminal liability of James?
A. None B. Culpable felony C.
Misprision of felony
D. Failure to report the conspiracy E. B and
/ or D
12.) As an exception to his usual duties, when

municipal trial court judge conducts a preliminary
investigation, he performs-
A. An extra job B. The job of the police
C. A judicial function D. Non-judicial
function E. C and / or D
13.) While an accused,who had been charge in court

without a preliminary investigation having been
conducted, under Section 7, Rule112 of the Rules of
Court, may ask for a preliminary investigation within
___days from the time he learns of the filing of the
information against him.
A. 60 B. 30 C. 15
D. 10 E. 5
14.) Which of the following suggests to the witness the

answer which the examining party desires?
A. Suggestive questions B. Leading
questions
C. Misleading questions D. Direct
questions E. Relevant questions
15.) The factors to be considered by the court in

determining proper penalty for impossible crime are:
A. The social danger
B. The degree of the criminality shown by the
offender
C. The intent or means of commission D.
A and B
E. The personality of the offender
16.) What principle of law requires that the judiciary
can do nothing but to apply a law, even in cases where
doing such would seem to result in grave injustice?
A. None of these B. Dura lex
sed lex
C. Vox populi vox Dei D. Ignorantia legis
non excusat
E. Aberratio ictus
17.) Matthew with intent to kill stabbed Luke but the

latter was only hit on his wrist. The small cut required
medication for 5 days. What crime was committed by
Matthew?
A. Slight physical injury B. Impossible crime
of homicide
C. Attempted homicide D. Frustrated
homicide E. Frustrated murder
18.) Mark with intent to kill assaulted John from behind

but the point of the knife hit the back of the chair where
John was seated. Fortunately, John was not wounded.
What was the crime committed by Mark?
A. Frustrated murder B. Frustrated
homicide C. Attempted murder
D. Attempted homicide E. Impossible crime
19.) Barnabas is a kick boxer and a Criminology

student. He kicked and boxed Philip, his classmate,
who suffered an injury requiring 15 days of medical
attendance. What crime did the offender commit?
A. Slight physical injuries B. Less
serious physical injuries
C. Attempted homicide
D. Reckless imprudence resulting to physical
injuries
E. Serious physical injuries
20.) Mere contact by the male’s sex organ of the labia

is-
A. Attempted rape B. Frustrated
rape
C. Consummated rape D. Act of
lasciviousness E. Unjust vexation
21.) Gerald with treachery fired Efren with a revolver

which inflicted mortal wound on the latter. When Efren
was fatally wounded, he pleaded to Gerald to bring him
to the hospital. Gerald, out of compassion, rushed
Efren to the hospital. Gerald eventually survived the
attack. At the most, the crime committed by Gerald is-
A. Frustrated murder B. Frustrated
homicide
C. Less serious physical injuries D. Serious
physical injuries E. Attempted murder
22.) In cases cognizable by regional trial courts, right to

a preliminary investigation is a substantial right and the
denial of which amounts to a denial of due process. Its
absence, however, is-
A. None of these
B. Not a ground for a motion to quash the
information filed
C. A ground for a motion to quash the information
filed
D. Not a ground for filing a demurrer to evidence
E. The failure to waive such right
23.) Lack of certification that a preliminary investigation

was conducted-
A. Does not invalidate information filed
B Invalidates the information filed
C. Violates the right of the accused
D. Mandates the conducting of another preliminary7 investigation
E. Demands the issuanc3e of certification that a preliminary
investigation was conducted
24.) The following felonies could not be committed by

frustrated stage of felony, except-
A. None of these B. Rape C.
Indirect bribery
D. Corruption of public officials E. Adultery and
concubinage
25.) Onesimus with intent to kill shot Gaius with his

9mm pistol. However, the gun jammed and failed to fire
a single shot. The former is liable for-
A. Impossible crime B. Frustrated
murder C. Attempted murder
D. Attempted homicide E. Frustrated
homicide
26.) Darwin with intent to burn the house of Gregorio

put a bunch of dried hay and dried leaves in the back
portion of the house and set them on fire. Carl happens
to be passing by helped in putting off the fire before it
was ablaze. A slight discoloration was left on the back
wall of the house. Darwin is liable for-
A. Malicious mischief B. Attempted arson
C. Frustrated arson
D. Consummated arson E. None
27.) The following are the punishable kinds of proposal

to commit a felony, except-
A. None of these B. Proposal to commit bribery
C. Proposal to commit a rebellion
D. Proposal to commit terrorism under R.A. 9372
E. B and C only
28.) Ronald, a house servant of the Aspuria family,

stole the digital camera of his employer. Ronald
committed the crime of-
A. Theft B. Robbery C.
Qualified robbery
D. Trespassing E.
Qualified Theft
29.) It is the quality by which an act may be ascribed to
a person as its author.
A. Guilty B. Imputability C.
Responsibility
D. Liability E. All of the above
30.) Who has the burden of proof in cases where self-
defense is used?
A. All of these B. The prosecutor
C. The victim
D. The accused E. The state
31.) During a heated argument, Peter slapped James

and the former started stabbing the latter. James was
wounded on his left side but managed to pick up a bolo
from the table beside him. When James counter
attacked with his bolo, Peter fell on down still holding
his knife. On the act of hacking the fallen Peter, Cyrus,
the brother of Peter arrived. Cyrus drew his gun and
fired at James who died instantly. Cyrus is liable for –
A. None B. Homicide C.
Murder
D. Homicide through reckless imprudence
D. Mitigated Homicide
32.) What is inherent in parricide?

A. Time of Commission B. Age of the
victim C. Age of the accused
D. Weapons used E.
Relationship
33.) What penalty is to be imposed in case of a wrong
committed by simple imprudence or negligence which,
if done maliciously, would have constituted a light
felony?
A. Arresto menor B. Arresto mayor
C. Destierro
D. Public censure E. Fine
34.) Lack of instruction or education is not mitigating in

the following cases, except:
A. Rape B. Treason
C. Arson
D. Forcible Abduction E. None of these
35.) In physical injuries inflicted by a descendant upon

an ascendant, relationship is-
A. Mitigating B. Justifying
C. Alternative
D. Aggravating E. Exempting
36.) Within how many days after the filing of the

complaint, the investigating officer shall either dismiss
it if he finds no ground to continue with the
investigation, or issue a subpoena to the respondent
attaching to it a copy of the complaint and its
supporting affidavits and documents?
A. 5 B. 10
C. 15
D. 30 E. 60
37.) Within how many days from receipt of the records,
the provincial or city prosecutor, or the Ombudsman or
his deputy, as the case may be, shall review the
resolution of the investigating judge on the existence of
probable cause.
A. 5 B. 10
C. 15
D. 30 E. 60
38.) If there are two or more mitigating circumstances

and there is no aggravating circumstance, the accused
is entitled to a penalty-
A. One degree lower B. Two
degrees lower
C. Two degrees higher D. One
degree higher E. None of these
39.) Death penalty is not imposed in the following

except:
A. None of these B. If the convict is 18
years old
C. If the convict is more than 70 years old
D. When the most guilty has been sentenced only to life

imprisonment or to a lesser penalty
E. When upon review, the required majority vote of the SC justice
affirming the penalty is not reached
40.) The aggravating circumstances of dwelling and

evident premeditation are inherent in the crime of –
A. Murder B. Parricide C.
Robbery in an inhabited house D. Qualified
theft E. All of the above
41.) Glenn connived with Sharen, the servant of Job in

stealing Job’s video camera. Glenn is guilty of or liable
for-
A. Robbery B. Qualified Theft C.
Theft
D. None E. Trespass to dwelling
42.) The Indeterminate Sentence Law does not apply

to the following:
A. Offenses punished with death penalty or life
imprisonment
B. To those convicted of treason, conspiracy or
proposal to commit treason
C. To those convicted of piracy D. To
those who are habitual delinquents
E. All of the above
43.) Light offenses prescribe in-

A. One month B. Two months C. Six
months D. One year E. Five years
44.) Intention can be ascertained by considering the

following, except:
A. The weapon used B.
The part of the body injured
C. The nature of the injury inflicted D.
The manner of attack E. The planning
made
45.) Dely and Bely were having a heated argument

when Dely pushed Bely. The latter lost her balance and
fell sideward on the ground in which her head hit a
protruding metal. Bely died few days after she was
brought to the hospital. Dely is held liable for Bely.
However, what mitigating circumstances is she entitled
of?
A. Praeter intentionem B. Incomplete
accident C. Sufficient provocation or threat D.
Obfuscation E. Diminution of intelligence or
inherent
46.) As a general rule, all criminal actions commenced

by a complaint or information shall be prosecuted
under the direction and control of the –
A. Court B. Prosecutor C. Investigating
officer D. Judge E. legal counsel
47.) In the complaint or information, the precise date

the offense was committed –
A. Should always be stated B. Should be
in the discretion of the prosecutor
C. Is not necessary stated D. May be inserted later
E. None of the above
48.) Brent and Joy were about to be married. Because
of texting, joy eloped with Jeffrey, Brent’s best friend.
With intent premeditation, Brent surreptitiously went to
the house of Jeffrey. Upon seeing Jeffrey, Brent
stabbed Jeffrey at the back. What is the “motive” in this
crime?
A. Revenge B. Premeditation C.
Stabbing
D. Barging in the house E.
Texting
49.) What is not true about “motive?”

A. It is an element of a crime
B. It is the impelling reason which moves a
person to commit an act
C. Motive will not make one criminally liable
D. It is immaterial in the commission of a felony
E. None of these
50.) Mauro attacked Efren with an axe. He

continuously hit Efren which caused the latter to evade
until Efren had nowhere to hide or run. While the
former is in the act of finishing off the latter, Efren drew
his gun and fired at Mauro but missed. Peter who was
watching from a distance was hit on his temple by the
bullet causing his instantaneous death. Which is not
true about this case?
A. None of these
B. Efren is not liable for the death of Peter
C. Efren’s act of shooting Mauro is unlawful
D. Efren was not committing felony
E. Peter’s death is accidental under Article 12,
paragraph 4 of R.P.C.
51.) Subversion is crime against-

A. Public security B. Public order
C. National security
D. Popular Representation E.
Fundamental laws
52.) Thomas with intent to injure drew his gun and shot
Paul. James, a nine-year old boy who was playing
nearby was hit with the stray bullet. James suffered an
injury which made him hospitalized for 45 days. What
case should be filed against Thomas concerning the
injury of James?
A. None, because his intent was to injure Paul.
B. Frustrated murder he performed all the acts of execution
necessary to commit the felony
C. Frustrated homicide because he missed to hit
Paul
D. Reckless Imprudence Resulting in Serious
Physical Injuries
E. Serious Physical Injuries
53.) PO3 Bautista flag down a suspicious motorcycle

riding man. A heated altercation ensued in which the
unidentified man tried to grab the side arm of the police
officer. Gerry, who was standing nearby, ran towards
the two to aid the overpowered police officer. As Gerry
held the wrist of the man, the latter suddenly turned his
ire to Gerry by punching and kicking him. Against
Gerry, the unidentified man is liable for-
A. Direct assault B. Physical injury C.
indirect assault
D. Unjust vexation E. Tumultuous
affray
54.) What is the circumstance which adds disgrace or

obloquy to the injury caused by the crime?
A.Ignominy B. Cruelty C. Brutality

D. Treachery E. Vexation
55.) Parading of the head of the victim after the

accused beheaded him is scoffing at the corpse of the
dead. This qualifies the crime to-
A. Mutilation B. Barbaric C. Cruelty

D. Murder ` E. Animalistic
56.) It refers to that cause, which in a natural and

continuous sequence, unbroken by any efficient
intervening cause, produces the injury, and without
which the result would not have occurred.
A. Primary cause B. Motive C. Intentional cause

D. Proximate cause E. Criminal intent
57.) The following are the circumstances which imply
that the death is presumed to be the natural
consequence of the physical injuries inflicted, except-
A. None of these
B. The resulting injury is due to the intentional act of the
victim.
C. The victim at the time the physical injuries were inflicted was
strong and in normal health.
D. The death occurred within a reasonable time from the assault.
E. The death is expected from the nature and location of the
wound.
58. )It occurs when an essential element of a crime is

not present during its commission making it impossible
of accomplishment.
A. Fortuitous event B. Force majeure C. Legal

impossibility
D. Employment of inadequate means. E. A and / or B
59.) Under RA 7659, what is the legal duration of

Reclusion Perpetua?
A. 40 years and 1 day and above

C. 20 years and 1 day to 40 years
E. None, because it is invisible
60.) In cases of capital offenses, the requirement in the
application of bail is-
A. Proof beyond reasonable ground B. proof that
evidence of guilt is strong
C. Probable cause D. Direct
evidence
E. all of the above
61.) What is the remedy to review the validity of a grant

of bail to an accused?
A. Petition for certiorari B. Motion for

reconsideration
C. Appeal for reconsideration D. Preliminary
investigation
E. Motion to quash
62.) According to subject matter, which of the following

is not a principal classification of penalties?
A. Corporal B. Deprivation of freedom C. Reduction

of freedom
D. Bond to keep the peace E. Deprivation of
rights
63.) What is not true about an accomplice?
A. He is part of the plan or conspiracy

B. He is neither a principal nor an accessory
C. He concurs or approves the act of the principal by direct
participation
D. His acts is lesser than the acts done by the principal by direct
participation
E. His cooperation is only necessary, not indispensable
64.) Simon with intent to take the cellular phone of
Jude who was then leaning on his seat under a tree
slashed the neck of Jude and then took his cellular
phone. Upon investigation, it turned out that Jude had
been dead several hours before the incident. Simon
will be liable for-
A. An impossible crime Homicide because there was an inherent

impossibility of killing Jude.
B. Theft
C. Impossible crime of Robbery.
D. A and B
E. None of these
65.) Stephen with evident premeditation to kill Timothy

fired his rifle at the latter’s house. However, Timothy
was not home thus he was not killed. Which would be
true about this crime?
A. There was an impossible crime of Murder.

B. The evident premeditation qualifies the crime of frustrated
murder.
C. Stephen is liable for Malicious Mischief only.
D. Stephen is liable for the impossible crime of murder and
consummated Malicious Mischief.
E. None of these
66.) Jerry and Chris conspired to commit a robbery. A
week after, they told their plan to their best friend, Eric
and asked him to drive for them. Eric obliged and drove
the two to the house of their victim. Eric is liable as-
A. Accomplice
B. Principal by direct participation
C. Principal by inducement
D. Principal by indispensable cooperation
E. Accessory
67.) Romeo stole the mp3 of his boss and sold it for the
amount of Php 10,000. After spending part of the
money, Romeo gave Php 3,000 to Jonah, his long time
fiancé. Jonah is liable as –
A. None of these
B. Accomplice
C. Principal by inducement
D. Principal by indispensable cooperation
68.) PO2 Giles went into the house of Milan, the

suspect in killing Mayor Trinidad. Upon arrival at the
house, the door was left open. PO2 Giles entered and
started searching the dwelling for some evidence that
may point to the killing. Few minutes after, the spouse
of Milan arrive and was surprised on the presence of
the police officer. The women asked the officer to leave
but the latter refused. It was only when some Barangay
officials passed at the area that PO2 Giles left. In this
case, PO2 Giles is liable for –
A. Searching domicile without witness

B. Trespass to dwelling
C. Illegal searching
D. None, because the house is owned by the prim suspect
E. Violation of domicile
69.) Which of the following is not true about impossible

crime?
A. none of these
B. the penalty is arresto mayor or a fine from 200
to 500 pesos
C. when another crime is committed there can be
no impossible crime
D. there is no attempted or frustrated impossible
crime.
E. the act performed should not constituted
another offence specifically punished by law
particularly a felony against persons or
property.
70.) The offender in direct assault commits against the

person in authority any of the following, except –
A. Kills the offended party
B. Employs force
C. Makes a serious intimidation
D. Makes an attack
E. Makes a serious resistance
71.) This includes a medley of discordant voice, a
mock of serenade of discordant noises made on
kettles, tin, horns, and others design to annoy or insult.
A. Noise barrage
B. Revelry
C. Charivari
D. Street dancing
E. Parade
72.) What is that pertaining to any form of attestation
by which a person signifies that he is bound in
conscience to perform an act faithfully and truthfully?
A. Affidavit
B. Sworn statement
C. Deposition
D. Allegiance
E. Oath
73.) Preparatory acts are generally not punishable,

except –
A. Conspiracy to commit treason, rebellion and

sedition
B. Proposal to commit treason and rebellion
C. possession of picklock which is preparatory to
the commission of robbery
D. preparing false vouchers and receipts
E. None of these
74.) Ramon was lawfully arrested by virtue of a warrant

of arrest. The police operatives, at the time of the
arrest, were also armed with a valid search warrant to
search the house of Ramon. During the search, the
police confiscated a sum of money which was not
indicated in the search warrant but the police justified
that the said money will be used by the person in
funding subversive activities. The confiscation of the
said money is considered as-
A. Proper B. Legal C. Illegal seizure

D. B and / or C E. Exception to the general rules of
searching
75.) A search incident to a lawful arrest does-
A.None of these
B. Not need a search warrant
C. Need a search warrant
D. Not need a search warrant but a valid search
warrant should be issued later
E. Need to be reviewed later
76.) It refers to a sworn written statement charging a

person with an offense, subscribed by the offended
party, any peace officer, or other public officer charge
with the enforcement of the law violated.
A. Information B. Complain C.
Complaint
D. Affidavit E. B and / or C
77.) It refers to any person who, by direct provision of

law, popular election or appointment by competent
authority, shall take part in the performance of public
functions in the Government of the Philippines, or shall
perform in said Government or in any of its branches,
public duties as an employee, agent or subordinate
official, of any rank of class, shall be deemed to be a
public officer.
A. Government employee B. Notary public C.
Public officer
D. Public officials E. All of the above
78.) In what stage of felony requires the existence of

an overt act?
A. Attempted B. Frustrated C.
Consummated
D. A, B, and C E. B and C only
79.) What is the omission of an act which ought to be

done?
A. Misfeasance B. Malfeasance C.
Nonfeasance
D. Negligence E. All of the above
80.) Carlos is on trial for a new crime and has

previously served sentence for another crime to which
the law attaches an equal greater penalty, or for two or
more crimes to which the law attaches a lighter
penalty. What aggravating circumstance is present?
A. Abuse of Confidence B.
Reiteracion or Habituality
C. Treachery or Alevosia D. Unlawful
Entry E. None of these
81.) It is the order which is issued by the court between

the commencement and the end of a suit or action and
which decides some point or matter, but which,
however is not the final decision of the matter in issue.
A. Court order B. Supreme
Court Ruling C. Judgment
D. Interlocutory order E.
Provisionary order
82.) Santy is an employee of Lupit Corporation. As an

employee thereof, he was able to learn the safety vault
combination. One Sunday evening he went to their
office to steal the money placed in the safety vault. He
found it empty. What crime is he liable of?
A. Impossible Crime B. Attempted
Theft C. Frustrated Theft
D. Qualified Theft E. None of
these
83.) Prevarication is the-

A. Tolerating the commission of offenses
B. Betrayal of public trust
C. Negligence of public officers D. Malicious
delay in the administration of justice
E. Rendering of negligent judgment
84.) An accessory is exempt from criminal liability when

the principal any of the following, except:
A. His spouse B. His ascendant
C. His descendant
D. His legitimate, natural, or adopted brother or
sister E. None of the above
85.) Ondoy unlawfully \shot to death his cousin Cosme
while the latter was in his own house. What
aggravating circumstance is present?
A. Disregard of sex B. Dwelling
C. Nighttime
D. Superior Strength
E. None of these
86.) Fernando killed Manny out of rivalry for the love of

Loren. What mitigating circumstance is present?
A. Passion and Obfuscation B. Confession
of guilt C. Vindication of grave offense
D. Provocation of threat E. None of these
87.) Before killing his victim, Joseph drank GSM blue to

make him bolder in the commission of the crime. What
alternative circumstance is present?
A. Age and Rank B. Intoxication
C. Education
D. Relationship E. All of these
88.) Which of these pertains to Act No. 4103, as

amended?
A. Probation Law B. Complex Law C.
Indeterminate Sentence Law
D. Anti-Sexual Harassment E.
None of these
89.) What is the prescription period of Death and
Reclusion Perpetua?
A. 30 years B. 40 years C. 20 years
D. 10 years E. 5 years
90.) Which of the following partially extinguished

criminal liability?
A. Serving completely the sentence B.
Conditional Pardon
C. Amnesty D. Parole
E. All of these
91.) Which of the following is prescribed by the law

composed of three distinct penalties, each forming a
period?
A. Complex crime B. Complex
Penalty C. None of these
D. Complex Law E. Complex term
92.) Who among the following persons is not exempted

from criminal liability?
A. Ambassadors B. Charges d’ affaires
C. Ministers
D. Consuls E. None of these
93.) What is the act of rising publicly and taking arms

against the government?
A. Sedition B. Coup de etat C.
A and B
D. Rebellion E. Insurrection
94.) Rebellion, Sedition, and Disloyalty are crimes
against-
A. All o0f these B. Public security C.
National Government
D. Public order E. National Security
95.) PO2 George caught Darwin one night in the act of

removing the glass jalousies of the window of the
house of Romeo which was closed. Darwin had
already detached three glass blades. If he was
arrested, what crime should book against him?
A. Attempted robbery B.
Consummated theft
C. Attempted trespass to dwelling D.
Consummated the trespass to dwelling
E. Attempted theft
96.) SPO3 Estoesta surreptitiously placed a marijuana

cigarette in the breast pocket of the polo shirt of a
student and then arrested the student for illegal
possession of marijuana cigarette. For what crime or
crimes will the police officer be liable?
A. liable for incriminatory machination
B. liable for the complex crime of incriminatory
C. entrapment D. A and B
E. None of these
97.) Atty. Mario Ferrer, a notary public issued a

supposed copy of a deed of sale between Dencio and
Ptr. Castro, when in fact no such deed of sale was
prepared by the two. Atty. Galing is liable for-
A. Estafa B. Falsification C. Fraud
D. Forgery E. All of these
98.) During the pendency of his criminal case, Peter

died due to heart attack. His untimely death resulted in
–
A. Termination of the proceedings B.
Postponement of the case
C. Suspension of the case D. Dismissal
of the case for lack of respondent
E. None of these
99.) Who represents the People of the Philippines in

criminal cases on appeal before the Court of Appeals
or the Supreme Court?
A. Private Prosecutor B. City/ Municipal
Prosecutor
C. Lawyers D. State Prosecutor
E. Solicitor General
100.) When is evidence presented in court for

admissibility considered relevant to the issue?
A. None of these B. When it is not excluded
by the rules
C. When it has a direct bearing and actual
connection to the facts and issue
D. When it is not repugnant in taste E.
When it is not immoral
2. If the property of the accused is not sufficient for the payment of all the pecuniary liabilities, which
will be given the
A. The cost of the proceedings C. The indemnification of the consequential
damages
3. What is the equivalent rate of the subsidiary personal liability if the accused has no property with
which to pay the
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
6. It is a subsidiary personal liability to be suffered by the convict who has no property with which to
meet the fine.
9. Every penalty imposed for the commission of a felony shall carry with it the ___________ of the
proceeds of the
10. The proceeds and instruments or tools of the crime shall be taken in favor of the __________.
11. When can confiscation of the proceeds or property or instruments of the crimes be ordered by the
court.
12. Articles which are forfeited, when the order of forfeiture is already final cannot be returned even in
case
of an __________
13. The penalty prescribed by law for the commission of a felony shall be imposed upon the _______
in the
age.
release or last
conviction of the crimes of serious or less serious physical injuries, estafa, or falsification, he is
found guilty of
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
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
Board.
25. It is the disposition under which a defendant after conviction and sentence is released subject to
execution of said
30. If the convict becomes insane or imbecile after the final sentence, the payment of his ________
shall not be
suspended.
31. Whenever a minor or either sex under 18 years of age at the time of the commission of a grave or
less grave
instead of
commit such minor
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
A. DSWD C. Court
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
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
designated in the
defendant under the
_________.
40. The pecuniary liabilities of the convict is extinguished only when the death of the offender occurs
_______.
42. Amado was change with homicide during the pendency of the case Amado died what will happen
to the
During the
44. It is an act of grace proceeding from the power entrusted with the execution of the laws which the
individual
certain time.
lapse of a certain
Time.
A. 10yrs C. 20yrs.
B. 12yrs D. 15yrs.

53. The prescriptive period of offenses punishable under special laws and municipal and ordinances,
such as
should _____ the
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
57. It is considered a contract between the sovereign power of the executive and the convict that the
sovereign power
otherwise, his non
59. It is the prerogative of the Executive to extend this to the offender at any time after the imposition
of the final
judgment.
minimum penalty
A. Restitution C. Indemnification for damages consequential
64. The civil liability for acts committed by a youthful offender shall be paid by the offenders _____.
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.
66. During the 3rd to 5th year of his imprisonment the prisoner shall be allowed a deduction of _____
for each month
of good behavior.

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?
necessary means for committing the other, the penalty for _____ shall be imposed in its maximum.
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
__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.
pesos. The convict
___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
forfeited, when the
___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
___C__ 77. A complex crime is not considered as one crime. One of the kinds of complex crime is
when an offense is
__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
___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
___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.
period of probation
shall not exceed two years. In all other cases, if he is sentenced to more than one year,
said probation
matured and
hardened criminals. Their confinement in a charitable institution is considered a penalty.
felony is committed by a minor, he is not subject to imprisonment, because he is entitled
to a penalty of
___B__ 85. The criminal liability is totally extinguished by service of sentence. It is also extinguished
by means of
parole.

88. It is a branch or division of law which defines crimes, treats of their nature, and provides for their
punishment.
91. It means that as a rule, penal laws are enforceable only within the territory of the Philippines,
B. Accused D. State
B. Education D. Sex
98. It is a circumstances present in a crime where it may increase or decrease the criminal liability.
99. It is a kind of aggravating circumstance that changes the nature of the crime. Example treachery
qualifies the
100. They are persons criminally liable due to their direct participation in the commission of the crime.
anal orifice?
2. If a person wounds, assaults or beats another person causing deformity on the latter, the crime
committed is:
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?

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?
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. 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. Theft C. Robbery
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?

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?
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
commit?
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?
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?
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?
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.
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.

31. Seduction is a:
32. Libel is a:
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?
B. Theft D. Estafa
crime?
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

authorities.
crime, if any?
Correspondence
41. Vex means

A. Theft C. Fencing
crime?
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?
B. Estafa D. Theft

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:
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:
49. A person who shall contract a second or subsequent marriage before the former marriage has been legally
dissolved is liable for what crime?
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?
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
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
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?

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):
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?
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?
Code

commit?


A. Rape C. Bigamy

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?
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
69. In the crime of qualified seduction, the offended party should be a virgin. What kind of virginity does the law
contemplate?

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?

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?

B. Force D. Deceit


commit?
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?
and the manager searched her and found her wearing the third swimsuit under her blouse and pants.
What is the crime committed?




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?




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
A. Errors of law
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
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.
Complainant
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
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
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.
A kind of evidence which shows that a best evidence
existed as to the proof of the fact is in question
A. Real 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
3. What must be considered in determining whether

the crime committed is only attempted, frustrated or
consummated?
A. All of these
4. A person who gives testimonial evidence to a

judiciary tribunal
A. Witness
B. Defense
C. Prosecution
D. Clerk of Court
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
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
7. Refers to family history or descent

transmitted from one generation to another
A. Pedigree
B. Inheritance
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
9. During the pendency of his criminal case, A

died due to heart attack. His untimely death
resulted in
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
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
12. Can a husband testify against the wife in an
adultery case?
A. yes, the privilege of marital communication rule is

already abolished
D. yes, because crime charge is one committed by the

wife
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
C. Burden of Proof
D. Estoppel
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
C. attempted fraud
15. The probative value or credit given by the court to
a particular evidence
B. Evidentiary fact
C. Ultimate Fact
17. That kind of evidence which can not be rebutted or

overcome
A. Primary
B. Real
C. Best
D. Conclusive
18. Which in the following enumeration is an example of

an afflictive penalty?
A. Fine
B. arresto mayor
C. prison mayor
D. destierro
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
D. infidelity
20. Cognizance of certain facts which judges may

properly take as fact because they are already known
to him
A. Cognizance
D. Judicial Notice
21. What if the offended party is a corporation, how do

you indicate it in the complaint or information?
B. leave it blank as error is merely clerical and can

be corrected during trial
D. aver that it is legally organized pursuant to SEC

rules
22. Exemption to the hearsay rule made under the

consciousness of an impending death.
A. Parole Evidence
C. Dean man statute
B
23. What crime is committed against mankind, and whose

jurisdiction consequently recognizes no territorial
limits?
A. Piracy
B. Felonies
C. Theft
D. Suicide
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
25. Refers generally to acts made criminal by special

laws
A. Felony
B. Mala Inse
C. Mala Incest
D. Mala prohibita
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?
B. Mistake of facts
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
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
B. do not dismiss the action but should order the

filing of a new information
D. stay with the action and decide accordingly to avoid

double jeopardy
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
31. When is evidence presented in court for

B. when it has direct bearing and actual connection to

the facts and issue
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
33. What circumstance can be considered aggravating with

the slaying of an 80 year old woman?
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.
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 Y E A R S
B. S I X Y E A R S
C. 6 M O N T H S I M P R I S O N M E N T
D. 4 Y E A R S A N D 2 M O N T H S
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. P R I V I L E G E GIVEN BY A PATIENT TO A DOCTOR

B. P R I V I L E G E GIVEN TO A HUSBAND TO A WIFE
C. P R I V I L E G E COMMUNICATION GIVEN TO AN ATTORNEY BY A CLIENT
D. P R I V I L E G E 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
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. W I T N E S S E S
B. A C C E S S O R I E S
C. P R I N C I P A L S
D. A C C O M P L I C E S
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
40. Which of the following aggravating circumstances may

not be offset by mitigating circumstances?
A. T R E A C H E R Y
B. N I G H T T I M E
C. I G N O M I N Y
D. T A K I N G A D V A N T A G E O F S U P E R I O R S T R E N G T H
A
41. What are the infractions of mere rules of

convenience designed to secure a more orderly
regulation of the affairs of society?
A. M A L A P R O H I B I T A
B. F E L O N I E S
C. V I O L A T I O N O F O R D I N A N C E
D. M A L A I N S E
B
42. What doctrine allows evidence obtained by police

officers in an illegal search and seizure to be used
against the accused?
A. S I L V E R P L A T T E R
B. E X C L U S I O N A R Y D O C T R I N E
C. F R U I T O F T H E P O I S O N O U S T R E E
D. M I R A N D A R U L I N G
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. N O N E O F T H E S E
B. A D U L T E R Y
C. C O N C U B I N A G E
D. B I G A M Y
D
44. What is the liability of the jail guard if the

evasion of a prisoner should take place through his
negligence?
A. D E L I V E R I N G P R I S O N E R S F R O M J A I L S
B. E V A S I O N T H R O U G H N E G L I G E N C E
C. R E C K L E S S I M P R U D E N C E
D. C O N N I V I N G W I T H O R C O N S E N T I N G T O E V A S I O N
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. E S T A F A
B. A L L O F T H E S E
C. F A L S I F I C A T I O N
D. F O R G E R Y
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
C. delinquent
D. quasi-recidvist
47. What is the means sanctioned by the rules of

ascertaining in a judicial proceeding the truth
respecting a matter of fact?
A. E V I D E N C E
B. P R O C E D U R E
C. I N V E S T I G A T I O N
D. T R I A L
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
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. R E S NULLUS
B. R E S IPSA LOQUITUR
C. R E S JUDICATA
D. R E S 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. I S L I A B L E F O R M U R D E R
B. I S A N A C C E S S O R Y T O T H E C R I M E
C. I S A C O N S P I R A T O R
D. I N C U R S N O C R I M I N A L L I A B I L I T Y
C
51. “Aberratio ictus” in which the perpetrator is

criminally liable means
A. M I S T A K E N I D E N T I T Y
B. M I S T A K E I N T H E B L O W
C. R E S U L T S A R E L E S S T H A N I N T E N D E D
D. R E S U L T I S G R E A T E R T H A N I N T E N D E D
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. O R A L D E F A M A T I O N
B. B L A C K M A I L
C. S L A N D E R
D. I N C R I M I N A T O R Y M A C H I N A T I O N S
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. P H Y S I C A L I N J U R I E S
B. A T T E M P T E D F E L O N Y
C. F R U S T R A T E D F E L O N Y
D. N O C R I M I N A L L I A B I L I T Y
C
54. Breach of allegiance to a government, committed by a

person who owes allegiance to it.
A. Treason
C. Espionage
D. Levying war
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. W A R R A N T O F A R R E S T
B. S E A R C H W A R R A N T
C. S U B P O E N A
D. S U M M O N S
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
C. Levying war
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. E X E C U T I V E J U D G E
B. S U P R E M E C O U R T
C. R E G I O N A L T R I A L C O U R T S
D. R E G I O N A L S T A T E P R O S E C U T O R
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
A. S E C O N D A R Y E V I D E N C E
B. P A R O L E E V I D E N C E
C. C O R O L L A R Y E V I D E N C E
D. B E S T E V I D E N C E
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. P A R D O N
B. A M N E S T Y
C. R E P R I E V E
D. P E N A L T Y
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
C. Espionage
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. C O M P O S I T E
B. C O M P O U N D
C. C O N T I N U I N G
D. C O M P L E X
C
62. In what instance can alibi (the weakest defense)

acquire commensurate strength in evidential value?
A. W H E N I T C H A N G E S T H E B U R D E N O F P R O O F
B. W H E N E V I D E N C E F O R T H E P R O S E C U T I O N I S S T R O N G
C. W H E R E N O P O S I T I V E A N D P R O P E R I D E N T I F I C A T I O N HAS BEEN
SATISFACTORILY MADE
D. W H E N Q U E S T I O N S O N 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
64. What is that rule where an offended party may

intervene in the proceeding personally or through a
counsel?
A. M I R A N D A RULE
B. R U L E O F FACILITATION
C. R U L E O F INTERVENTION
D. R U L E O F 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
66. What kind of motion may be availed of anytime before
arraignment?
A. M O T I O N TO DISMISS
B. M O T I O N FOR REVIEW
C. M O T I O N FOR RECONSIDERATION
D. M O T I O N TO QUASH
C
67. Which among the following instances is an example of

a qualifying circumstance to a crime of murder?
A. R E C I D I V I S M
B. I N S A N I T Y
C. T R E A C H E R Y
D. I N T O X I C A T I O N
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. A C T W I T H D I S C E R N M E N T
B. A C T C A R E L E S S L Y O R N E G L I G E N T L Y
C. S H O W C R I M I N A L I N T E N T
D. S H O W M A L I C E
A
A. P O L I C E M A N
B. MMDA E N F O R C E R
C. B A R A N G A Y C A P T A I N
D. B A R A N G A Y T A N O D
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. C A P I T A L P U N I S H M E N T
B. C O M P L E X C R I M E
C. C O N T I N U O U S O F F E N S E
D. C I V I L I N T E R D I C T I O N
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. N O T L I A B L E A T A L L
B. L I A B L E F O R O B S C E N E P U B L I C A T I O N ( A S C O - P U B L I S H E R )
C. L I A B L E F O R P O R N O G R A P H Y
72. What should be done in cases of offenses against

property where the name of the offended party is
unknown?
A. C O U R T M U S T C A U S E T H E T R U E N A M E T O B E I N S E R T E D
B. W H A T I S P I V O T A L I S T H E N A M E A N D D E S C R I P T I O N OF THE
OFFENDER
C. T H E P O L I C E M U S T L A B E L T H E P R O P E R T Y I N A W A Y T H A T W I L L
DISTINGUISH IT FROM OTHERS
D. D E S C R I B E 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. P E R S O N A L L Y , I N O P E N C O U R T A N D O F T H E R E C O R D
B. B Y T H E A P P R O V A L O F T H E C O U R T A N D U P O N W R I T T E N R E Q U E S T B Y
THE ACCUSED
C. T H R O U G H C O U N S E L I N O P E N C O U R T A N D O N T H E R E C O R D
D. P E R S O N A L L Y B Y W R I T T E N M O T I O N
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.
A. S L I G H T P H Y S I C A L I N J U R Y
B. S E R I O U S P H Y S I C A L I N J U R I E S
C. I L L T R E A T M E N T
D. L E S S S E R I O U S P H Y S I C A L I N J U R Y
B
75. Considering the nature of the offense committed by

A, SP01 T. Anga should:
A. F I L E T H E CASE DIRECTLY WITH THE COURT

B. I N S T R U C T B TO FILE THE MATTER FIRST BEFORE THE BARANGAY C
C. F I L E T H E CASE BEFORE THE PROSECUTOR’S OFFICE
D. F I L E T H E 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. W H E T H E R O R N O T A W A S D R U N K A T T H E T I M E
B. T H E B A R A N G A Y C O U R T H A S N O J U R I S D I C T I O N O V E R T H E C A S E
C. W H E T H E R O R N O T B W A S A L S O D R U N K
77. Assuming that A was drunk at the time that he

committed the offense, his drunkenness would be
considered as:
A. M I T I G A T I N G C I R C U M S T A N C E
B. A G G R A V A T I N G C I R C U M S T A N C E
C. E X E M P T I N G C I R C U M S T A N C E
D. A L T E R N A T I V E C I R C U M S T A N C E
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. C I R C U M S T A N T I A L
B. C O R R O B O R A T I V E
C. H E A R S A Y
D. D I R E C T
C
79. What crime was committed by A that night time of the

stabbing?
A. P A R R I C I D E
B. G R A V E T H R E A T S
C. H O M I C I D E
D. M U R D E R
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. C O M M O N R E P U T A T I O N
B. R E S G E S T A E
81. In the foregoing case, B’s statement identifying A

as his assailant may not be considered a dying
declaration because:
A. B’ S D E A T H I S I N D I S P E N S A B L E
B. T H E D E C L A R A T I O N W A S N O T W R I T T E N
C. N O M E N T I O N W A S M A D E T H A T B’ S W O U N D W A S F A T A L
D. B H A S A G R U D G E A G A I N S T 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
C. The waiver was not made in writing and in the

presence of the counsel
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
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
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
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
87. Criminal jurisdiction over the subject matter shall

be determined by the
A. law enforced at the time of the commission of the

offense
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. substantive law
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
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
D. Investigation
91. Under the law, the warrant of arrest shall remain

valid unless
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
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
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
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
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
97. The power or authority of a court to try, hear and

decide a class of criminal case brought before it
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
D. court within the judicial region of the place where

the crime was committed
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.
B. clerk of court
C. legal researcher
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
1. Berto, with evident premeditation and

treachery killed his father. What was the crime
committed?
A. Murder
B. Parricide
C. Homicide
D. Qualified Homicide - B
2. PO3 Bagsik entered the dwelling of Totoy against the latter’s

will on suspicion that Bitoy keep unlicensed firearms in his
home. What was the crime committed by PO3 Bagsik?
D. Forcible Trespassing - B
3. Charlie and Lea had been married for more than six months.
They live together with the children of Lea from her first
husband. Charlie had sexual relationship with Jane, the 14
year old daughter of Lea. Jane loves Charlie very much.
What was the crime committed by Charlie, if any?
A. Simple Seduction
D. Rape - B
4. Prof. Jose gave a failing grade to one of his students, Lito.

When the two met the following day, Lito slapped Prof. Jose on
the face. What was the crime committed by Lito?
B. Direct Assault
D. Grave Coercion - B
5. A warrant of arrest was issued against Fred for the killing of
his parents. When PO2 Tapang tried to arrest him, Fred gave
him 1 million pesos to set him free. PO2 Tapang refrained in
arresting Fred. What was the crime committed by PO2 Tapang?
A. Indirect Bribery
B. Direct Bribery
D. Qualified Bribery - D
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

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.
D. Exclusive Jurisdiction - C
10. A person designated by the court to assist destitute litigants.

C. Attorney at law
D. Special counsel - A
11. Which of the following is not covered by the Rules on Summary

Procedure?
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

to gain, by means of force and intimidation.
A. qualified theft
B. robbery
C. theft
D. malicious mischief - B

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

or herself to lawful calling.
A. Pimps
B. prostitutes
C. gang members
D. vagrants - D

A. Tumultuous
B. charivari
C. sedition
D. scandal - B

C. expulsion
D. direct assault - C

D. forcible detention - A

A. concubinage
B. bigamy
C. adultery
D. immorality - C

A. 15-18 years old
B. 18-70 years old
D. between 9 and 15 years old - C

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.
D. prescription of penalty - D
is suspended.
A. Pardon
B. commutation
C. amnesty
D. reprieve - D

A. mala prohibita
B. mala in se
C. private crimes
D. public crimes - A

act in consideration of a gift and this act is connected with
the discharge of his public duties.
B. direct bribery
C. estafa
D. indirect bribery - B
27. The wilful and corrupt assertion of falsehood under oath of

matter.
A. libel
B. falsification
C. perjury
D. slander - C

A. Treachery
C. ignominy
D. cruelty - B

A. gang
B. conspiracy
C. band
D. piracy - C

A. Negligence
B. imprudence
C. omission
D. act - C
capturing the law breaker in the execution of his criminal
plan.
A. Misfeasance
B. entrapment
C. inducement
D. instigation - B
D. complex crimes - C

A. Insanity
B. intoxication
D. evident premeditation - B

guilty, what shall be entered for him?
B. a plea of guilty
C. a plea of mercy
D. a plea of surrender - A
information?
D. Monday morning - C

criminal case work out a mutually satisfactory disposition on
the case subject to court approval.
A. Arraignment
B. plea bargaining
D. trial - B

specified by law.
A. Subpoena
B. recognizance
C. bail
D. warrant - C

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

A. pre-trial
B. arraignment
D. plea bargaining - C
D. best evidence - C

is sufficient to maintain the proposition affirmed.
D. best evidence - B

from conventional symbols, such as letters, by which ideas are
represented on material substances.
D. real evidence - A
D. negative evidence - D

A. used or intended to be used as means in committing an
offense
offense
D. all of the above - D
A. Suspects
B. witnesses
C. victims
D. informers - B

death.
A. abortion
B. infanticide
C. murder
D. parricide - A
48. Felony committed when a person is killed or wounded during the

ascertained.
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

A.impossible crime
B.mistake of facts
C.accidental crime
D.complex crime - B

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

A. RA 5425
B. RA 8553
C. RA 7659
D. RA 8551 - C

freedom of the will at the time of the commission of the
crime.
A. discernment
B. insanity
C. epilepsy
D. imbecility - D

its owner or author.
A. responsibility
B. duty
C. guilt
D. imputability - D

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,

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.
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

crime any of all the conditions that would make an act
voluntary and hence, though there is no criminal 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

A. Ignominy
B. cruelty
C. treachery
D. masochism - B
embraced in the same title of the Revised Penal Code.
A. Recidivism
C. reiteracion
D. quasi-recidivism - A
66. Alevosia means
A. Craft
B. treachery
D. cruelty - B

C. rule of law
D. due process of law - D

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
D. hardened criminal - C

A. Primary
B. Best
C. Secondary
D. Conclusive - D

A. Primary
B. Best
C. Secondary
D. Conclusive - D
71. These questions suggest to the witness the answers to which an

A. leading
B. misleading
C. stupid
D. hearsay - A

persons alleged to have committed a crime, and for their
punishment in case of conviction.
A. Criminal Law
D. Criminal Jurisprudence - C

A. 20 years
B. 15 years
C. 10 years
D. 40 years - A

A. Accomplices
B. Accessories
C. Instigators
D. Principals - D
75. A crime against honor which is committed by performing any act

person.
A. libel
B. slander by deed
D. intriguing against honor - B

done.
A. misfeasance
B. malfeasance
C. nonfeasance
D. dereliction - B

A. subpoena
B. writ
C. warrant
D. affidavit - D

A. alias
B. common name
C. fictitious name
D. screen name - C
79. A special aggravating circumstance where a person, after having

before beginning to serve such sentence, or while serving the
same.
A. quasi-recidivism
B. recidivism
C. reiteracion
D. charivari - A

A. Municipal mayor
C. Police Officer
D. Municipal Councilor - C
A. Sedition
B. Rebellion
C. Treason
D. Coup d’ etat - A

A. 30 days
B. 15 days
C. 10 days
D. 60 days - C

D. unauthorized detention - B
84. A breach of allegiance to a government, committed by a person

A. treason
B. espionage
C. rebellion
D. coup d’ etat - A

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

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
C. Dura Lex Sed lex
D. Praeter Intentionem - D
A. Aberratio Ictus
C. Dura lex sed lex
D. Praeter Intentionem - A
A. Attempted
B. Frustrated
C. Consummated
D. Accomplished - C

A. Absolutory Cause
B. Mistake of facts
C. Conspiracy
D. Felony - B

A. Material
B. Formal
C. Seasonal
D. Continuing - A

malicious.
A. Culpable
B. Intentional
C. Deliberate
D. Inculpable - B

A. Negligence
B. Diligence
C. Imprudence
D. Inference - A

A. Offenses
B. Misdemeanours
C. Felonies
D. Ordinances - A

A. General
B. Territorial
C. Prospective
D. Retroactive - A
97. A legislative act which inflicts punishment without judicial
trial.
B. Bill of Rights
D. Penal Law - A
A. Search
B. Seizure
C. Arrest
D. Detention - C
A. Robbery
B. Farm Theft
C. Qualified Theft
D. Simple Theft - C

year old girlfriend without threat, force or intimidation.
A. Child rape
B. Qualified Rape
C. Statutory Rape
D. None of these - C
2. If the property of the accused is not sufficient for the payment of all the pecuniary liabilities, which
will be given the
A. The cost of the proceedings C. The indemnification of the consequential
damages
3. What is the equivalent rate of the subsidiary personal liability if the accused has no property with
which to pay the
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
6. It is a subsidiary personal liability to be suffered by the convict who has no property with which to
meet the fine.
9. Every penalty imposed for the commission of a felony shall carry with it the ___________ of the
proceeds of the
10. The proceeds and instruments or tools of the crime shall be taken in favor of the __________.
11. When can confiscation of the proceeds or property or instruments of the crimes be ordered by the
court.
12. Articles which are forfeited, when the order of forfeiture is already final cannot be returned even in
case
of an __________
13. The penalty prescribed by law for the commission of a felony shall be imposed upon the _______
in the
age.
release or last
conviction of the crimes of serious or less serious physical injuries, estafa, or falsification, he is
found guilty of
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
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
Board.
25. It is the disposition under which a defendant after conviction and sentence is released subject to
execution of said
30. If the convict becomes insane or imbecile after the final sentence, the payment of his ________
shall not be
suspended.
31. Whenever a minor or either sex under 18 years of age at the time of the commission of a grave or
less grave
instead of
commit such minor
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
A. DSWD C. Court
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
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
designated in the
defendant under the
_________.
40. The pecuniary liabilities of the convict is extinguished only when the death of the offender occurs
_______.
42. Amado was change with homicide during the pendency of the case Amado died what will happen
to the
During the
44. It is an act of grace proceeding from the power entrusted with the execution of the laws which the
individual
certain time.
lapse of a certain
Time.
A. 10yrs C. 20yrs.
B. 12yrs D. 15yrs.

53. The prescriptive period of offenses punishable under special laws and municipal and ordinances,
such as
should _____ the
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
57. It is considered a contract between the sovereign power of the executive and the convict that the
sovereign power
otherwise, his non
59. It is the prerogative of the Executive to extend this to the offender at any time after the imposition
of the final
judgment.
minimum penalty
A. Restitution C. Indemnification for damages consequential
64. The civil liability for acts committed by a youthful offender shall be paid by the offenders _____.
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.
66. During the 3rd to 5th year of his imprisonment the prisoner shall be allowed a deduction of _____
for each month
of good behavior.

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?
necessary means for committing the other, the penalty for _____ shall be imposed in its maximum.
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
__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.
pesos. The convict
___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
forfeited, when the
___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
___C__ 77. A complex crime is not considered as one crime. One of the kinds of complex crime is
when an offense is
__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
___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
___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.
period of probation
shall not exceed two years. In all other cases, if he is sentenced to more than one year,
said probation
matured and
hardened criminals. Their confinement in a charitable institution is considered a penalty.
felony is committed by a minor, he is not subject to imprisonment, because he is entitled
to a penalty of
___B__ 85. The criminal liability is totally extinguished by service of sentence. It is also extinguished
by means of
parole.

88. It is a branch or division of law which defines crimes, treats of their nature, and provides for their
punishment.
91. It means that as a rule, penal laws are enforceable only within the territory of the Philippines,
B. Accused D. State
B. Education D. Sex
98. It is a circumstances present in a crime where it may increase or decrease the criminal liability.
99. It is a kind of aggravating circumstance that changes the nature of the crime. Example treachery
qualifies the
100. They are persons criminally liable due to their direct participation in the commission of the crime.
anal orifice?
2. If a person wounds, assaults or beats another person causing deformity on the latter, the crime
committed is:
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?

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?
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. 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. Theft C. Robbery
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?

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?
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
commit?
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?
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?
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?
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.
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.

31. Seduction is a:
32. Libel is a:
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?
B. Theft D. Estafa
crime?
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

authorities.
crime, if any?
Correspondence
41. Vex means

A. Theft C. Fencing
crime?
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?
B. Estafa D. Theft

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:
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:
49. A person who shall contract a second or subsequent marriage before the former marriage has been legally
dissolved is liable for what crime?
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?
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
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
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?

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):
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?
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?
Code

commit?


A. Rape C. Bigamy

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?
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
69. In the crime of qualified seduction, the offended party should be a virgin. What kind of virginity does the law
contemplate?

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?

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?

B. Force D. Deceit


commit?
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?
and the manager searched her and found her wearing the third swimsuit under her blouse and pants.
What is the crime committed?




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?




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
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
A. Error of Law
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
A. Errors of law
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
D. Within seven days but not earlier than five days from the promulgation of the judgment
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.
Complainant
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
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
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. A kind of evidence which shows that a best

evidence existed as to the proof of the fact is in
question
A. Real 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
3. What must be considered in determining whether

the crime committed is only attempted, frustrated or
consummated?
A. All of these
4. A person who gives testimonial evidence to a

judiciary tribunal
A. Witness
B. Defense
C. Prosecution
D. Clerk of Court
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
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
7. Refers to family history or descent

transmitted from one generation to another
A. Pedigree
B. Inheritance
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
9. During the pendency of his criminal case, A

died due to heart attack. His untimely death
resulted in
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
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
12. Can a husband testify against the wife in an

adultery case?
A. yes, the privilege of marital communication rule is

already abolished
D. yes, because crime charge is one committed by the

wife
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
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
C. attempted fraud
15. The probative value or credit given by the court to

a particular evidence
B. Evidentiary fact
C. Ultimate Fact
17. That kind of evidence which can not be rebutted or

overcome
A. Primary
B. Real
C. Best
D. Conclusive
18. Which in the following enumeration is an example of
an afflictive penalty?
A. Fine
B. arresto mayor
C. prison mayor
D. destierro
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
D. infidelity
20. Cognizance of certain facts which judges may

properly take as fact because they are already known
to him
A. Cognizance
D. Judicial Notice
21. What if the offended party is a corporation, how do

you indicate it in the complaint or information?
B. leave it blank as error is merely clerical and can
be corrected during trial
D. aver that it is legally organized pursuant to SEC

rules
22. Exemption to the hearsay rule made under the

consciousness of an impending death.
A. Parole Evidence
C. Dean man statute
23. What crime is committed against mankind, and whose

jurisdiction consequently recognizes no territorial
limits?
A. Piracy
B. Felonies
C. Theft
D. Suicide
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
25. Refers generally to acts made criminal by special

laws
A. Felony
B. Mala Inse
C. Mala Incest
D. Mala prohibita
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?
B. Mistake of facts
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
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
B. do not dismiss the action but should order the

filing of a new information
D. stay with the action and decide accordingly to avoid

double jeopardy
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
31. When is evidence presented in court for

B. when it has direct bearing and actual connection to

the facts and issue
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
33. What circumstance can be considered aggravating with
the slaying of an 80 year old woman?
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.
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 Y E A R S
B. S I X Y E A R S
C. 6 M O N T H S I M P R I S O N M E N T
D. 4 Y E A R S A N D 2 M O N T H S
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. P R I V I L E G E GIVEN BY A PATIENT TO A DOCTOR

B. P R I V I L E G E GIVEN TO A HUSBAND TO A WIFE
C. P R I V I L E G E COMMUNICATION GIVEN TO AN ATTORNEY BY A CLIENT
D. P R I V I L E G E 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
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. W I T N E S S E S
B. A C C E S S O R I E S
C. P R I N C I P A L S
D. A C C O M P L I C E S
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
40. Which of the following aggravating circumstances may

not be offset by mitigating circumstances?
A. T R E A C H E R Y
B. N I G H T T I M E
C. I G N O M I N Y
D. T A K I N G A D V A N T A G E O F S U P E R I O R S T R E N G T H
A
41. What are the infractions of mere rules of

convenience designed to secure a more orderly
regulation of the affairs of society?
A. M A L A P R O H I B I T A
B. F E L O N I E S
C. V I O L A T I O N O F O R D I N A N C E
D. M A L A I N S E
B
42. What doctrine allows evidence obtained by police

officers in an illegal search and seizure to be used
against the accused?
A. S I L V E R P L A T T E R
B. E X C L U S I O N A R Y D O C T R I N E
C. F R U I T O F T H E P O I S O N O U S T R E E
D. M I R A N D A R U L I N G
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. N O N E O F T H E S E
B. A D U L T E R Y
C. C O N C U B I N A G E
D. B I G A M Y
D
44. What is the liability of the jail guard if the

evasion of a prisoner should take place through his
negligence?
A. D E L I V E R I N G P R I S O N E R S F R O M J A I L S
B. E V A S I O N T H R O U G H N E G L I G E N C E
C. R E C K L E S S I M P R U D E N C E
D. C O N N I V I N G W I T H O R C O N S E N T I N G T O E V A S I O N
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. E S T A F A
B. A L L O F T H E S E
C. F A L S I F I C A T I O N
D. F O R G E R Y
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
C. delinquent
D. quasi-recidvist
47. What is the means sanctioned by the rules of

ascertaining in a judicial proceeding the truth
respecting a matter of fact?
A. E V I D E N C E
B. P R O C E D U R E
C. I N V E S T I G A T I O N
D. T R I A L
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
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. R E S NULLUS
B. R E S IPSA LOQUITUR
C. R E S JUDICATA
D. R E S 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. I S L I A B L E F O R M U R D E R
B. I S A N A C C E S S O R Y T O T H E C R I M E
C. I S A C O N S P I R A T O R
D. I N C U R S N O C R I M I N A L L I A B I L I T Y
C
51. “Aberratio ictus” in which the perpetrator is

criminally liable means
A. M I S T A K E N I D E N T I T Y
B. M I S T A K E I N T H E B L O W
C. R E S U L T S A R E L E S S T H A N I N T E N D E D
D. R E S U L T I S G R E A T E R T H A N I N T E N D E D
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. O R A L D E F A M A T I O N
B. B L A C K M A I L
C. S L A N D E R
D. I N C R I M I N A T O R Y M A C H I N A T I O N S
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. P H Y S I C A L I N J U R I E S
B. A T T E M P T E D F E L O N Y
C. F R U S T R A T E D F E L O N Y
D. N O C R I M I N A L L I A B I L I T Y
C
54. Breach of allegiance to a government, committed by a

person who owes allegiance to it.
A. Treason
C. Espionage
D. Levying war
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. W A R R A N T O F A R R E S T
B. S E A R C H W A R R A N T
C. S U B P O E N A
D. S U M M O N S
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
C. Levying war
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. E X E C U T I V E J U D G E
B. S U P R E M E C O U R T
C. R E G I O N A L T R I A L C O U R T S
D. R E G I O N A L S T A T E P R O S E C U T O R
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
A. S E C O N D A R Y E V I D E N C E
B. P A R O L E E V I D E N C E
C. C O R O L L A R Y E V I D E N C E
D. B E S T E V I D E N C E
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. P A R D O N
B. A M N E S T Y
C. R E P R I E V E
D. P E N A L T Y
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
C. Espionage
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. C O M P O S I T E
B. C O M P O U N D
C. C O N T I N U I N G
D. C O M P L E X
C
62. In what instance can alibi (the weakest defense)

acquire commensurate strength in evidential value?
A. W H E N I T C H A N G E S T H E B U R D E N O F P R O O F
B. W H E N E V I D E N C E F O R T H E P R O S E C U T I O N I S S T R O N G
C. W H E R E N O P O S I T I V E A N D P R O P E R I D E N T I F I C A T I O N HAS BEEN
SATISFACTORILY MADE
D. W H E N Q U E S T I O N S O N 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
64. What is that rule where an offended party may

intervene in the proceeding personally or through a
counsel?
A. M I R A N D A RULE
B. R U L E O F FACILITATION
C. R U L E O F INTERVENTION
D. R U L E O F 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
66. What kind of motion may be availed of anytime before

arraignment?
A. M O T I O N TO DISMISS
B. M O T I O N FOR REVIEW
C. M O T I O N FOR RECONSIDERATION
D. M O T I O N TO QUASH
C
67. Which among the following instances is an example of

a qualifying circumstance to a crime of murder?
A. R E C I D I V I S M
B. I N S A N I T Y
C. T R E A C H E R Y
D. I N T O X I C A T I O N
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. A C T W I T H D I S C E R N M E N T
B. A C T C A R E L E S S L Y O R N E G L I G E N T L Y
C. S H O W C R I M I N A L I N T E N T
D. S H O W M A L I C E
A
A. P O L I C E M A N
B. MMDA E N F O R C E R
C. B A R A N G A Y C A P T A I N
D. B A R A N G A Y T A N O D
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. C A P I T A L P U N I S H M E N T
B. C O M P L E X C R I M E
C. C O N T I N U O U S O F F E N S E
D. C I V I L I N T E R D I C T I O N
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. N O T L I A B L E A T A L L
B. L I A B L E F O R O B S C E N E P U B L I C A T I O N ( A S C O - P U B L I S H E R )
C. L I A B L E F O R P O R N O G R A P H Y
72. What should be done in cases of offenses against

property where the name of the offended party is
unknown?
A. C O U R T M U S T C A U S E T H E T R U E N A M E T O B E I N S E R T E D
B. W H A T I S P I V O T A L I S T H E N A M E A N D D E S C R I P T I O N OF THE
OFFENDER
C. T H E P O L I C E M U S T L A B E L T H E P R O P E R T Y I N A W A Y T H A T W I L L
DISTINGUISH IT FROM OTHERS
D. D E S C R I B E 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. P E R S O N A L L Y , I N O P E N C O U R T A N D O F T H E R E C O R D
B. B Y T H E A P P R O V A L O F T H E C O U R T A N D U P O N W R I T T E N R E Q U E S T B Y
THE ACCUSED
C. T H R O U G H C O U N S E L I N O P E N C O U R T A N D O N T H E R E C O R D
D. P E R S O N A L L Y B Y W R I T T E N M O T I O N
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.
A. S L I G H T P H Y S I C A L I N J U R Y
B. S E R I O U S P H Y S I C A L I N J U R I E S
C. I L L T R E A T M E N T
D. L E S S S E R I O U S P H Y S I C A L I N J U R Y
B
75. Considering the nature of the offense committed by

A, SP01 T. Anga should:
A. F I L E T H E CASE DIRECTLY WITH THE COURT

B. I N S T R U C T B TO FILE THE MATTER FIRST BEFORE THE BARANGAY C
C. F I L E T H E CASE BEFORE THE PROSECUTOR’S OFFICE
D. F I L E T H E 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. W H E T H E R O R N O T A W A S D R U N K A T T H E T I M E
B. T H E B A R A N G A Y C O U R T H A S N O J U R I S D I C T I O N O V E R T H E C A S E
C. W H E T H E R O R N O T B W A S A L S O D R U N K
77. Assuming that A was drunk at the time that he

committed the offense, his drunkenness would be
considered as:
A. M I T I G A T I N G C I R C U M S T A N C E
B. A G G R A V A T I N G C I R C U M S T A N C E
C. E X E M P T I N G C I R C U M S T A N C E
D. A L T E R N A T I V E C I R C U M S T A N C E
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. C I R C U M S T A N T I A L
B. C O R R O B O R A T I V E
C. H E A R S A Y
D. D I R E C T
C
79. What crime was committed by A that night time of the

stabbing?
A. P A R R I C I D E
B. G R A V E T H R E A T S
C. H O M I C I D E
D. M U R D E R
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. C O M M O N R E P U T A T I O N
B. R E S G E S T A E
81. In the foregoing case, B’s statement identifying A

as his assailant may not be considered a dying
declaration because:
A. B’ S D E A T H I S I N D I S P E N S A B L E
B. T H E D E C L A R A T I O N W A S N O T W R I T T E N
C. N O M E N T I O N W A S M A D E T H A T B’ S W O U N D W A S F A T A L
D. B H A S A G R U D G E A G A I N S T 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
C. The waiver was not made in writing and in the

presence of the counsel
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
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
D. within 15 days from the date of pre-trial

conference
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
87. Criminal jurisdiction over the subject matter shall

be determined by the
A. law enforced at the time of the commission of the

offense
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. substantive law
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
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
D. Investigation
91. Under the law, the warrant of arrest shall remain

valid unless
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
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
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
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
95. Violation of City or municipal ordinance are within

the
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
97. The power or authority of a court to try, hear and
decide a class of criminal case brought before it
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
D. court within the judicial region of the place where

the crime was committed
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.
B. clerk of court
C. legal researcher
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
1. Berto, with evident premeditation and
treachery killed his father. What was the crime
committed?
A. Murder
B. Parricide
C. Homicide
D. Qualified Homicide - B
2. PO3 Bagsik entered the dwelling of Totoy against the latter’s

will on suspicion that Bitoy keep unlicensed firearms in his
home. What was the crime committed by PO3 Bagsik?
D. Forcible Trespassing - B
3. Charlie and Lea had been married for more than six months.
They live together with the children of Lea from her first
husband. Charlie had sexual relationship with Jane, the 14
year old daughter of Lea. Jane loves Charlie very much.
What was the crime committed by Charlie, if any?
A. Simple Seduction
D. Rape - B
4. Prof. Jose gave a failing grade to one of his students, Lito.

When the two met the following day, Lito slapped Prof. Jose on
the face. What was the crime committed by Lito?
B. Direct Assault
D. Grave Coercion - B
5. A warrant of arrest was issued against Fred for the killing of
his parents. When PO2 Tapang tried to arrest him, Fred gave
him 1 million pesos to set him free. PO2 Tapang refrained in
arresting Fred. What was the crime committed by PO2 Tapang?
A. Indirect Bribery
B. Direct Bribery
D. Qualified Bribery - D
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

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.
D. Exclusive Jurisdiction - C
10. A person designated by the court to assist destitute litigants.

C. Attorney at law
D. Special counsel - A
11. Which of the following is not covered by the Rules on Summary

Procedure?
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

to gain, by means of force and intimidation.
A. qualified theft
B. robbery
C. theft
D. malicious mischief - B

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

or herself to lawful calling.
A. Pimps
B. prostitutes
C. gang members
D. vagrants - D

A. Tumultuous
B. charivari
C. sedition
D. scandal - B

C. expulsion
D. direct assault - C

D. forcible detention - A
A. concubinage
B. bigamy
C. adultery
D. immorality - C

A. 15-18 years old
B. 18-70 years old
D. between 9 and 15 years old - C

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.
D. prescription of penalty - D

is suspended.
A. Pardon
B. commutation
C. amnesty
D. reprieve - D

A. mala prohibita
B. mala in se
C. private crimes
D. public crimes - A

act in consideration of a gift and this act is connected with
the discharge of his public duties.
B. direct bribery
C. estafa
D. indirect bribery - B
27. The wilful and corrupt assertion of falsehood under oath of

matter.
A. libel
B. falsification
C. perjury
D. slander - C

A. Treachery
C. ignominy
D. cruelty - B

A. gang
B. conspiracy
C. band
D. piracy - C

A. Negligence
B. imprudence
C. omission
D. act - C
capturing the law breaker in the execution of his criminal
plan.
A. Misfeasance
B. entrapment
C. inducement
D. instigation - B

D. complex crimes - C

A. Insanity
B. intoxication
D. evident premeditation - B

guilty, what shall be entered for him?
B. a plea of guilty
C. a plea of mercy
D. a plea of surrender - A
information?
D. Monday morning - C
criminal case work out a mutually satisfactory disposition on
the case subject to court approval.
A. Arraignment
B. plea bargaining
D. trial - B

specified by law.
A. Subpoena
B. recognizance
C. bail
D. warrant - C

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

A. pre-trial
B. arraignment
D. plea bargaining - C
D. best evidence - C

is sufficient to maintain the proposition affirmed.
D. best evidence - B

from conventional symbols, such as letters, by which ideas are
represented on material substances.
D. real evidence - A
D. negative evidence - D

A. used or intended to be used as means in committing an
offense
offense
D. all of the above - D
A. Suspects
B. witnesses
C. victims
D. informers - B

death.
A. abortion
B. infanticide
C. murder
D. parricide - A
48. Felony committed when a person is killed or wounded during the

ascertained.
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

A.impossible crime
B.mistake of facts
C.accidental crime
D.complex crime - B

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

A. RA 5425
B. RA 8553
C. RA 7659
D. RA 8551 - C

freedom of the will at the time of the commission of the
crime.
A. discernment
B. insanity
C. epilepsy
D. imbecility - D

its owner or author.
A. responsibility
B. duty
C. guilt
D. imputability - D

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,

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.
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

crime any of all the conditions that would make an act
voluntary and hence, though there is no criminal 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

A. Ignominy
B. cruelty
C. treachery
D. masochism - B
embraced in the same title of the Revised Penal Code.
A. Recidivism
C. reiteracion
D. quasi-recidivism - A
66. Alevosia means
A. Craft
B. treachery
D. cruelty - B

C. rule of law
D. due process of law - D

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
D. hardened criminal - C

A. Primary
B. Best
C. Secondary
D. Conclusive - D

A. Primary
B. Best
C. Secondary
D. Conclusive - D
71. These questions suggest to the witness the answers to which an

A. leading
B. misleading
C. stupid
D. hearsay - A

persons alleged to have committed a crime, and for their
punishment in case of conviction.
A. Criminal Law
D. Criminal Jurisprudence - C

A. 20 years
B. 15 years
C. 10 years
D. 40 years - A

A. Accomplices
B. Accessories
C. Instigators
D. Principals - D
75. A crime against honor which is committed by performing any act

person.
A. libel
B. slander by deed
D. intriguing against honor - B

done.
A. misfeasance
B. malfeasance
C. nonfeasance
D. dereliction - B
A. subpoena
B. writ
C. warrant
D. affidavit - D

A. alias
B. common name
C. fictitious name
D. screen name - C
79. A special aggravating circumstance where a person, after having

before beginning to serve such sentence, or while serving the
same.
A. quasi-recidivism
B. recidivism
C. reiteracion
D. charivari - A

A. Municipal mayor
C. Police Officer
D. Municipal Councilor - C

A. Sedition
B. Rebellion
C. Treason
D. Coup d’ etat - A

A. 30 days
B. 15 days
C. 10 days
D. 60 days - C

D. unauthorized detention - B
84. A breach of allegiance to a government, committed by a person

A. treason
B. espionage
C. rebellion
D. coup d’ etat - A

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

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
C. Dura Lex Sed lex
D. Praeter Intentionem - D

A. Aberratio Ictus
C. Dura lex sed lex
D. Praeter Intentionem - A
A. Attempted
B. Frustrated
C. Consummated
D. Accomplished - C

A. Absolutory Cause
B. Mistake of facts
C. Conspiracy
D. Felony - B

A. Material
B. Formal
C. Seasonal
D. Continuing - A

malicious.
A. Culpable
B. Intentional
C. Deliberate
D. Inculpable - B

A. Negligence
B. Diligence
C. Imprudence
D. Inference - A

A. Offenses
B. Misdemeanours
C. Felonies
D. Ordinances - A

A. General
B. Territorial
C. Prospective
D. Retroactive - A
97. A legislative act which inflicts punishment without judicial

trial.
B. Bill of Rights
D. Penal Law - A
A. Search
B. Seizure
C. Arrest
D. Detention - C
A. Robbery
B. Farm Theft
C. Qualified Theft
D. Simple Theft - C

year old girlfriend without threat, force or intimidation.
A. Child rape
B. Qualified Rape
C. Statutory Rape
D. None of these - C

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CRIMINAL LAW (BOOK 1) 1 TO 18 (18 POINTS):

B. Less Grave D. Light

A. Manner of commission C. Nature of the offense

B. Elements constituting the felony D. All of these

A. Japanese law C. Singapore law

B. Philippine Law D. International law

5. Refers to the power of the state to define and punish crime?

A. Police power C. Executive power

B. Legislative power D. Power of eminent domain

A. Classical theory C. Positivist Theory

B. Penology D. Utilitarian Theory

A. Mala per se C. Felonies

B. Misdemeanor D. Mala Prohibita

A. Abuse of confidence C. Assault upon elders

B. Neglect of Elders D. Disregard of age and sex

10. Refers to a legislative act which inflicts punishment without trial.

A. Bill of Attainder C. writ of habeas corpus

B. Legislative Contempt D. writ of Amparo

B. a single producing two or more grave or less felony

C. a crime as a necessary means of committing another crime

D. a single act producing two or more grave or light felony

B. Lack of Intent on the part of the person defending himself

C. Lack of sufficient provocation on the part of the person defending himself

D. reasonable necessity of the means employed to prevent or repel it

A. Philippines rule C. French rule

B. Japanese rule D. English rule

15. The term "abberatio ictus" means.

A. Mistake of the blow C. Ignorance of the law

B. Mistake of Facts D. Mistake of identity

A. Yes, because they are both Filipino citizens

B. No, because the crime was committed outside the Philippines

C. Yes, because the crime has been committed

D. Neither A and B are correct

17."Ignorantia Facti Excusat" refer to.

A. Mistake if Fact C. Ignorance of the law

B. Mistake of the blow D. Mistake of Identity

A. Degree of Penalty C. Prescription of the crime

B. Period of the Penalty D. Prescription of the Penalty

1.2 CRIMINAL LAW BOOK 2 (19 to 55) 37 POINTS

A. Violation of Parliamentary immunity C. Crimes against public order

B. Usurpation of Authority D. Crimes against popular representation

A. Murder C. Robbery with Homicide

B. Robbery D. Homicide and Robbery

A. Trespass to dwelling C. Illegal search

B. Violation of Domicile D. NONE

A. Barangay Chairman C. City of Municipal Mayor

B. lawyer of the victim D. Barangay Kagawad

B. Abduction D .Acts of Lasciviousness

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

A. Seduction C. Accidental crime

B. Act Lasciviousness D. Rape

a. Compound crime c. Accidental crime

b. Complex Crime d. Impossible crime

a. Restraining Order d. Protection Order

b. Prohibitory Order e. Writ of Amparo

c. Cease and Desist Offender

a. child risk c. Child in Conflict with people

b. Unwilling Child Offender d. Child in Conflict with the law

b. Trafficking in person d. white slave trade

a. Libel c. Slander by deed

b. Slander d. Incriminatory Machination

44. The offense of open disobedience is committed by any or __officers