CRIMINAL JURISPRUDENCE

INSTRUCTION: Select the correct answer for its of the following questions. Mark only
one answer for item by marking the box corresponding to the letter of your choice on
the answer sheet provided. STRICTLY NO ERASURE ALLOWED. Use pencil No.2
only.

1. Which one is an exception to the territorial application of criminal law?

a. Law is given retroactive effect
b. Law of preferential application.
c. Bill of attainder
d. While being public officer or employees, should commit an offense in the

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exercise of their function.

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2. When an accused is on trial for a new crime and has previously served sentence for

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another crime to which the attaches an equal greater penalty, or for two or more crimes
to which the law attaches a lighter penalty, there’s an aggravating circumstances of

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_____?

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a. Abuse of confidence c. Treachery or alivosia

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b. Reiteration or habituality d. Unlawful entry
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3. Lando is an employee of Baltik Trade Corp. As an employee thereof, he was able to
learn the safety vault combination. One Saturday evening he went to their office to
steal the money placed in the safety vault. He found it empty. For what crime is he
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liable of :
a. Attempted Theft c. Frustrated Theft
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b. Impossible Crime d. Attempted Robbery

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4. The legal term “DELITO COMPUESTO” is best described as:

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a. Two acts producing two or more grave or less grave felony

b. A crime as a necessary means of committing another crime
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c. A single acts producing two or more grave or less felony

d. A single act producing two or more light felonies.
5. Jorge is under detention for violation of RA 6425. One day he was involved in a fight
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with a fellow inmate. He killed his fellow inmate, thus a case of homicide was also filed.
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Is Jorge a recidivist?
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a. Yes, because his second crime is considered as a felony

b. Yes, because he is already convicted of the first crime
c. No, because he is convicted of his first crime
d. No, because he is not yet convicted of his first crime
6. Jacob unlawfully shot to death Facundo while the latter was at his brother’s house.
What aggravating circumstance is present?
a. Disregard of sex c. Night time
b. Dwelling d. Superior Strength
7. Which of the following is composed of three distinct penalties each forming a
period?
a. Complex crime c. Complex penalty
 b. Complex law d. Complex term
8. Caleb saw Mark attacking his own ( Mark’s) wife with a Rambo knife. Caleb
approached Mark and striggled for the possession of the weapon, in the course of
which Caleb killed Mark. What justifying circumstances is present?
a. Defense of stranger c. Defense of relative
b. Self defense d. Avoidance of Greater injury
9. The penalty to imposed to an accused over 9 years of age but below 15 year old will
be lowered by____?
a. Two degrees c. One degree
b. Three degree d. Four degree
10. Andrew killed Benjie out of rivalry for love of Charlyn. What mitigating
circumstances is present?

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a. Passion and obfuscation c. Confession of guilt

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b. Vindication of grave offense d. Provocation of threat

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11. Wilfredo introduced himself as the municipal Mayor as he was pacifying Bruno and
Kulas who were fighting inside a beer joint. Notwithstanding his presence, Bruno and

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kulas continued to fight until Bruno succeded in killing Kulas. What aggravating

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circumstances is present?

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a. In contempt or with insult to the public authority
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b. Disregard of rank
c. Abuse of confidence
d. Band
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12. Before killing his victim, Abel drank gin to make him bolder in the commission of
the crime. What alternative circumstance is present?
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a. Age and rank c. Education

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b. Intoxication d. Relationship
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13. Angeline, thinking that the person walking in a dark alley was Joy, his bitter enemy,
fired at that person, who was killed as a result. It turned out that the victim was
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Angeline’s own father. There was ______.

a. Error in personae c. Praeter intentionem
b. Abberatio ictus d. Complex crime
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14. Death and Reclusion Perpetua prescribe in _________.

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a. 30 years c. 20 years
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b. 40 years d. 10 years
15. Criminal liability is partially extinguished by________.
a. Serving completely the sentence c. Conditional Pardon
b. Amnesty d. Parole
16. What kind of penalty is imposed when an accused was sentenced to pay a fine of
exactly 200 pesos.
a. Correctional penalty c. Less grave felony
b. Grave felony d. Light penalty
17. Which of the following statements best defines “IMPUTED NEGLEGENCE” ?
a. Neglenge that was cut – off
 b. That the parent of the minor are presumed negligent if the minor staying with
them commits a crime
c. Crime that can be commit avoided
d. Felony committed through neglegance
18. Which of the following is not a source a Phil. Penal laws?
a. Revised Penal Code c. Special Penal Law
b. Penal Pres. Degrees d. Legislative Degrees
19. Philippine Penal law is applicable within the Philippine Territory to include
a. All of these c. Interior water
b. Its atmosphere d. Maritime Zone
20. Which of the following is the best example of obligation and securities issued by
the Philippine Government?

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a. Money bills c. Coins

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b. Government bond d. Letter of credit

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21. Who among the following person is not exempted from criminal liability?
a. Ambassadors c. Ministers

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b. Changes d’ affairaires d. Consuls

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22. What are the criminal acts punished by the Revised Penal Code?

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a. Felonies c. Crimes
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b. Offenses d. Misdeaminor
23. What will a judge do if the acts done by a person being tried in court is not covered
by law?
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a. Convict the accused c. Place the accused under Probation

b. Acquit the accused d. Give the accused Parole
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24. A swift attack on a military installation by elements of the AFP or Police is the same
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as:
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a. Promoting Rebellion c. Rebillion

b. Coup de ‘etat d. Insurrection
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25. What is the legislative action that punishes without trial?

a. Ex-post facto law c. Bill of attainder
b. Unconstitutional law d. Penal attainder
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26. What is the stage of a commission of a felony when all the elements necessary for
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its execution is present?

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a. Attempted c. Consummated
b. Frustrated d. Enumerated
27. This is incurred by the person committing a felony although the wrongful act done
be different from which he intended to do.
a. Felony c. Offense
b. Criminal liability d. Civil liability
28. This is committed when a person who decided to commit a felony proposes its
execution to another person.
a. Accessory c. Accomplice
b. Conspiracy d. Proposal
29. Which of the following refers to the power of the state to define punish crime?
 a. Power of eminent domain c. Legislative Power
b. Notice Power d. Executive Power
30. Rebellion, treason and sedition are crimes against_____?
a. Public Security c. National Government
b. Public Service d. National Security
31. If an offense was committed by a Japanese National on board a Singapore Airlines
plane abort to a land at the NAIA. What penal law will apply?
a. Singapore Law c. Philippine Law
b. Japanese Law d. International Law
32.Which of the following words has the same meaning as the word deceit?
a. Dolo b. Culpa c. Fault d. Neglegence
33. A chief of Police of a Municipality, believing in good faith that a prisoner serving a

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ten day sentence in the Municipal Jail, would not escape, allowed said prisoner to

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sleep at the latter house because the Municipal jail was so congested and there was

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no bed spacer is available. Accordingly, the prisoner went home to sleep every night
and returned to jail each day early morning, until the ten days sentence had been fully

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served. What crime was committed by the chief of Police?

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a. Infidelity of Public Officer c. Dereliction of duty

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b. Illegal detention FOd. Consenting on conniving to evasion
34. Pascual operated a rice thresher in Barangay Napnod where he resided. Renato, a
resident of the neighboring Baragay Guihaman, also operated a mobile rice thresher
which he often brought to Barangay NApnud to thresher the palay of the farmer there.
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This was bitterly resented by pascual. One afternoon Pascual, and his two sons
confronted Renato and his men who operating their mobile rice thresher along a feeder
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road in napnud. A heated argument ensued. A barangay captain who was fetched men
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tried to appease Pascual and Renato to prevent a violent confrontation. However,

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Pascual resented the intervention of the Barangay Captain and hacked him to death.
a. Homicide with assault upon Person in Authority
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b. Direct Assualt
c. Homicide with Assualt upon a agent of a person in authority
d. Homicide
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35. Suspecting that Juan is a drug pusher, SPO2 Acal, leader of the NARCOM team,
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gave Juan a 100 pesos bill and asked him to buy some marijuana cigarettes. Desirous
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of pleasing SPO2 Acal, Juan went inside the shopping fifteen minutes, Juan returned
with the sticks of marijuana cigarrates which he gave to SPO2 Acal who thereupon
placed Juan under arrest and charged him with the violation of The Dangerous Drug
law by selling marijuana cigarettes. Is Juan guilty of the offense punishable under the
Dangerous drug act?
a. No, Juan is not guilty of any offense
b. Yes, Juan is guilty of under Dangerous drug act
c. Yes, For illegal possession of marijuana
d. Yes, for illegal selling of marijuana
e. c and d only
36. PO1 Guzman saw Gorio, an inmate, escaping from jail and ordered the latter to
surrender. Instead of doing so, Gorio attacked PO1 Guzman with a bamboo spear.
Gorio missed in his first attempt to hit PO1 Guzman and before he could strike again.
PO1 Guzman shot and killed him. Is PO1 Guzman criminally liable?
a. no, self defense was proper
b. no, crime of murder was committed
c. no, there was treachery
d. no, crime of homicide was committed
37. C/INSP. Menor, While patrolling Bogo-bago community in a Police car with SPO3
Caloy Itlong, blew his whistle to stop a Nissan Sentra Car which wrongly entered in a
one way street. After demanding from Linda Lo hua, the driver, her driver license,
Menor asked her to follow them to the Police precinct. Upon arriving there, he gave

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instructions to Itlong to guard the Lo hua in one of the rooms and not let here out of

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sight until he returns; then got the car key from the Lo hua. In the mean time, the latter

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was not allowed to make any phone calls but was given foods and access to bathroom.
When Menor showed up after 2 days, he brought LO hua to a Private house and told

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her that he would release her and return the if she made arraignment for the delivery of

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5,000.00 in a doctors pad at a certain placed within the next 24 hours. When menor

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went to the designated spot to pick up the bag of money, he suddenly found himself
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surrounded be several armed civilians who introduced themselves as NBI agents.
What crime was committed by Major Menor?
a. Arbitrary detention d. Incrimination machination
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b. Illegal detention e. forcible abduction

c. Kinnapping
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38. Rudy is an informer who told the Police Authorities that Aldo is a drug pusher. PO2
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Cruz then posed as a buyer and persuaded Rudy to sell marijuana worth 10.00 to
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Aldo. Rudy agreed. He delivered the goods and Aldo was apprehend with the mark
money. Aldo is now prosecuted for violation of the Dangerous Drug act. Is the act of
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police is proper.
a. No, because there was investigation
b. Yes, because Aldo is a pusher
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c. Yes, because there was entrapment

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d. A and C
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e. No, because it was the Policeman himself who acted as a pusher buyer
39. Amy was apprehended and arrested by PO1 Bart for illegal parking. She was
detained at the Police Precinct, underwent investigation, and released only after 48
hours. What crime was committed by PO1 Bart?
a. Unlawful Arrest
b. Arbitrary detention
c. Illegal Arrest
d. Illegal detention
e. Delay in the delivery of detained persons to the proper judicial authorities.
40. Ador, a Policeman, cleaning his service pistol inside his house when it fell from his
hand and fired. The bullet hit a neighbor on the stomach and a second neighbor on the
leg. The injuries sustained by the two neighbor required thirty-five (35) days and 9 days
of medical attendance, respectively. What crime should be filed against Ador?
a. Frustrated homicide and slight physical injuries
b. 1 count of frustrated homicide
c. 1 Separate crime of serious physical injuries and slight physical injuries
d. A separate crimes of serious physical injuries and slight physical injuries, both
through reckless imprudence
e. Serious physical injuries
41. Edgardo, a policeman, accompanied by Florencio went to serve a warrant of arrest
on Emilio, a professional boxer at the latter’s apartment. Upon seeing Edgardo, not
knowing that he was a Policeman immediately boxed him. Edgardo fell flat on the floor.
As Florencio tried to help Edgardo was given medical attendance for nine days due to

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his injury. What crime was committed by Emilio?

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a. Direct Assault upon a person in authority

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b. Resistance or disobedience to an agent of person in authority
c. A and B

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d. Slight physical Injuries

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e. None of these

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42. PO1 “A” caught “ B “ one night in the act of removing the glass jalousies of the
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window of the house of “C” which was closed. “ B “ had already detached the three
glass blades. If A was arrested, What crime should brought against B?
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a. Attempted Robbery
b. Attempted trespass to dwelling
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c. Attempted Theft
d. Consummated theft
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e. Consumated to the space Dwelling

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43. X, a Police Captain, arrested Y on suspicion of Robbery. X interrogated Y but Y

denied knowledge and participation in any crime of Robbery. X then ordered Z, his
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assistant, to torture Y. As a result the torture, Y confessed despite his innocence. What
crime, if any, was committed by X?
a. Unlawful Arrest b. Illegal detention
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c. Grave coercion d. Grave threat

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e. Arbitrary detention
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44. X is serving 6-years prison term. In this fourth year in prison, he discovered that the
judge committed a mistake in giving him a 6-year sentence when the law he violated
called for 3-years imprisonment only. Y, the jail guard and a law student checked X’s
contention and found it correct. X did not want to go to court anymore as he did not
have any money to hire a lawyer to file hebeas corpus and he lost faith in the
competence of judges. X then informed Y he would just escape and the latter did not
object. As soon as Y turned it back X sprinted out of his cell. What crime was
committed by Y the jail guard?
a. Evasion of sentence d. Jail house rock
b. Dereliction of duty e. No crime
c. Infidelity in the custody of prisoner
45. A police officer surreptitiously placed a marijuana cigarette in the breast pocket of
the polo shirt of the student arrested the student for illegal possession of marijuana
cigarette. For what crime or crimes will the Police officer be liable?
a. Liable for incrimination machination
b. Liable for the complex crime of incriminatory machination with unlawful arrest
c. Entrapment
d. A and B
46. A, a receiving teller of the Philippine National Bank, taking advantage of his
position, appropriated the amount of P1,000.00 which he had in his possession. What
crime was committed by A?
a. Theft d. Estafa
b. Qualified theft e. Malversation

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c. No crime was committed

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47. What crime exists when a single act constitutes two or more grave or less grave

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felonies or when an offense is a necessary means for committing the other?
a. Complex c. Continuing

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b. Composite d. Compound

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48. What must be considered in determining whether the crime committed is only

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attempted, frustrated or consummated? FO
a. The elements constituting the felony
b. The nature of the offense
c. The manner of committing the felony
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d. All of these
49. What crime is committed when A, while driving a truck, ran over a girl crossing the
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street during a torrential rain and the girl died?

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a. Homicide c. Serious Physical Injury

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b. Reckless imprudence resulting to homicided. Murder

50. What crime can be charged of one who retains a minor in his service against the
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minor’s will and under the pretext of reimbursing himself of debt incurred by the
child’s parents?
a. White slavery c. Exploitation of child labor
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b. Inducing a minor to work d. Kiddnapping

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51. A notary public issued a supposed copy of deed of safe, when in fact no such deed
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of sale was prepared by him. A is liable for?

a. Estafa c. Falsification
b. Forgery d. All of these
52. 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 c. Disputable
b. Of law d. Of fact
53. During the pendency of his criminal case, A died due to heart attack. His untimely
death will result in the:
a. Termination of the proceeding
b. Postponement of the case
 c. Suspension of the case
d. Dismissal of the for the lack of respondent
e. None of these
54. When could an ordinary citizen give his opinion regarding the handwriting of the
person?
a. When he has to testify only as to the mental and emotional state of the one
who authorized the hand writing
b. When it is the handwriting of one whom he has sufficient familiarity
c. When he is a question examiner
d. When he is a graduate of criminology
55. Is the right against self – incrimination automatically operation?
a. Yes, it can be waived c. NO

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b. No, It must be claimed d. Yes

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

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a. Yes, the privilege of marital communication rule is already abolished
b. Yes, under the law she is a competent witness

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c. No

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d. Yes, because crime charge is one committed by the wife against husband

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57. A is a supply officer of a Municipality. He entered on an agreement with B to supply
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the Municipality with some office forms at the price grossly disadvantageous to the
Municipality. The agreement as part of the purchase price must be given to A. The
transaction did NOT materialized. A is may be liable for:
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a. Attempted Estafa c. Frustrated Estafa

b. Attempted fraud d. Consummated fraud
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58. When can a private prosecutor be allowed to prosecute?

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a. Under the authority of the Department of Justice Secretary

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b. When done under the authority of the public prosecutor

c. Under the control and supervision of the public prosecutor
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d. Done under the supervision of the regional prosecutor

59. What crime is committed against mankind, and whose jurisdiction consequently
recognizes no territorial limits?
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a. Piracy c. Felonies
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b. Theft d. Suicide
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60. Head of the State or Ambassadors can NOT be held liable in another State or
place of assignment under the principles of international law. This is exemption to the
general characteristic of Criminal law which is:
a. Prospectively c. Generality
b. Territoriality d. Immunity
61. Who represent the people of the Philippines in criminal case on appeal before the
court of appeals or the supreme court?
a. Private prosecutor e. City/ Municipal Prosecutor
b. State Prosecutor d. Solicitor General
c. a or c
62. What should the court do when the offense is less serious physical injuries and the
offense proven is serious physical injury and the defendant may be convicted only of
the offense as charged?
a. He appears to be 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
63. When the 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 State

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d. When it is not immoral

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64. What circumstances can be considered aggravating with the staying of an 80 years

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old woman?
a. Abuse of confidence c. Disregard of age and sex

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b. Neglect of elders d. Disrespect of rank

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65. The rule on summary procedure applies to criminal cases where the penalty

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prescribed by law for the offense charged does not exceed?
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a. 3 years c. 6 months imprisonment
b. 6 years d. 4 years and 2 months
66. In a case of oral defamation, where the priest is the only available witness. Can a
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priest testify as to the alleged defamatory words given to him by the accused during
confession?
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a. Privilege given to a patient to a doctor

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b. Privilege given to a husband to a wife

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c. Privilege Communication given to an attorney by a client

d. Privilege communication given by a patient to a priest
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e. None of these
67. Who are criminally liable, when having knowledge of the commission of the crime,
without having principally participated therein, takes part subsequent to the
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commission, either in profiting, by the effects of the crime, or by concealing or

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destroying the body of the crime?

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a. Witnesses c. Principal
b. Accessories d. Accomplices
68. A, the neighbor of B, shot the pig of B which was eating A’s camote plant’s. A
thereafter cook the pig’s meat consumed the same. What is A liable for?
a. Anti- fencing law d. Malicious mischief
b. Anti cuttle- rustling law e. Theft
c. Cruelty of animals
69. What are the infraction mere rules of convenience designed to secure more orderly
regulation of the affairs of the society.
a. Mala Prohibita d. Felonies
b. Violation of Ordinance e. Mala inse
 c. Misdeaminor
70. X went to the United States. While he was there, he courted Y an American. They
eventually got married. When X returned to the Philippines, his wife, Z filed an action
against him for violating their marriage. What is X liable for?
a. Crime d. Adultery
b. Concubinage e. Bigamy
c. B or C
71. A treasury warrant was payable to A or his representative. B took possession of the
warrant, wrote the name of A, endorsed it the back and was able to encash it . B is
liable for:
a. Estafa c. Falsification
b. Forgery d. All of these

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72. What is the statement made of a wounded person shortly after he received severe

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bolo stabs narrating therei the whole incident to another which is admissible in

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evidence as a part of ?
a. Res nullus c. Res judicata

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b. Res ispa loquiter d. Res gestae

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73. A, B, C are board mates of D. A, B, and C conspire to kill X, a witch, because he is

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perceived to cause misery among many in the barangay. D knew about it all along
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after conspiracy but made no move to report to the authorities. In this case D is?
a. Is liable for murder d. Is an accessory to murder
b. Is a conspirator e. Neither of the above
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c. Incurs no criminal liability

74. “ Aberratio Ictus” has the same meaning as:
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a. Mistake identity d. Mistake in the blow

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b. Result are less than intended e. Neither

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c. Result is greater than which intended

75. A, with intent to kill , fired a revolver to B. He inflicted a fatal wound. A brought B to
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a hospital, and due to a timely medical assistance, B survived. What crime did A
commit?
a. Physical Injury c. Frustrated felony
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b. Attempted felony d. No criminal liability

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76. Under the new Constitution, who is empowered to order or change the venue or
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place of trial in order to avoid miscarriage of justice?

a. Executive Judge c. Supreme Court
b. Regional trial court d. Regional state prosecutor
77. What rule is observed when generally, there can be no evidence of a writing, the
contents of which is the subject matter of inquiry other than the original it self.
a. Secondary evidence c. hard evidence
b. Corollary evidence d. Parol evidence e. best evidence
78. What kind of executive clemency wipes away the guilt of convicted person, subject
to three limitations to be executed by the President?
a. Pardon c. Reprieve
b. Amnesty d. Penalty
79. 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 time and all
overt acts committed violate one and the same penal provisions?
a. Composite c. Continuing Crime
b. Compound d. Complex
80. 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 satisfactory made
d. When questions on whether or not accused committed the offense is clear
81. B is less than 3 days old. He is child of X by his paramour Y. B is killed by X to

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prevent his discovery by X’s legitimate wife, Z. The crime committed by X is:

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a. Homicide d. Murder

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b. Infanticide e. b or c
c. Parricide

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82. What kind of motion may be availed of any time before arraignment?

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a. Motion to dismiss d. Motion to review

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b. Motion for reconsideration FOe. Motion to quash
c. All of these
83. Who is the person in authority in the following?
a. Policeman d. MMDA enforcer
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b. Barangay Captain e. Barangay Tanod

c. All of these
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84. A and B, living together as a husband and wife, but not married. A killed B. What
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crime does committed?

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a. Murder only d. Murder and Homicide

b. Homicide only e. Parricide only
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c. None of these
85. A and B are board mates. B went out from their boarding house. A put chair to
block the door. Suddenly, a person is forcing to open the door block with chair. A ask a
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person forcing to open the door, the person is not responding. A went to kitchen to get
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knife. B died. What crime did A committed?

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a. Mistake in the blow D. Mistake in fact

b. Error in personae e. All of the above
c. None of these
86. A with intent to kill B, burn the house B. B died. What crime A committed?
a. Arson with murder d. Murder only
b. Arson Only e. All of the above
c. Homicide only
87. Peter died to tumultuous affray. What should be the proper case to be filed?
a. all of them will be put on the complaint
b. Different charges will be filed to each of them
c. None of the above
 d. Both A and B
88. John stabbed Steve 3 times resulting to Steve’s death. Due to circumstantial
evidence presented, it found out that Steve is John brother. What crime did John
committed?
a. Murder c. Homicide
b. Parricide d. None of these
89. What is the minimum distance imposed to those punished with “destiero”?
a. 25 kms c. 50 kms
b. 75 kms d. 95 kms
90. How many days that a child that was born before the second marriage can become
legitimate?
a. 181 d. 180 days

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b. 191 days e. 190 days

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c. none of these

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91. The crime of libel will prescribed how many year?
a. 1 year d. 2 years

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b. 4 years e. 3 days

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c. none of these

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92. How many days the prosecution may issue a subpoena?
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a. 10 d. 20
b. 30 e. none of these
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c. 15
93. XX killed his 3 years old child , what crime did he commit?
a. Infanticide c. Parricide
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b. Homicide d. none of the above

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94. A is walking a certain street, on his way, he found 100 pesos bill. A went in a
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certain restaurant and spend the money to pay the food he eat, what did A committed?
a. Swindling d. Theft
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b. Estafa e. Robbery
c. None of these
95. What is the penalty of libel?
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a. one year c. three years

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b. two years d. four years

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96. Which of the following evidence is the same, as that which is already given?
a. Corroborative evidence c. “Factum Evidence”
b. Cumulative evidence d. Testimonial evidence
97. The body of the dead person is _______ if his death is at the issue.
a. Real evidence
b. Testimonial evidence if testified by medico – legal
c. Secondary evidence
d. Corroborative evidence of death
e. none of these
98. When is presented in court for admissibility considered relevant ot 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
99. How should the plea to a “complaint” or “information” be made by the accused?
a. Personality, in open court and of record
b. By approval of the court and upon written request by the accused
c. Through counsel in open court and on record
d. None of these
100. A search Warrant is valid and can only be served once the date of issuance,
within:
a.40 days
b. 15 days

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c. 10 days

O
d 30 days

.C
e. Either or Neither

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