1.

If the victim was killed while discharging his duty as barangay captain to protect life and
property and enforce law and order in his barrio, the crime is homicide with assault upon a
person in authority. This is a clear case of-
A. Complex crime proper C. Composite crime
B. Compound crime D. Special complex crime

2. When may a person be arrested without a warrant?

 
A. When an offense has just been committed and the arresting officer or private person has
probable cause to believe based on personal knowledge of facts or circumstances that a
person to be arrested has committed it;
B. When the person to be arrested is a prisoner who has just escaped from a penal
establishment, etc.;
C. When in the presence of the arresting officer or private person, the person to be arrested
has committed, is actually committing or is attempting to commit an offense.
D. All of these choices.

3. Which aggravating circumstance generally, can be applied to all offenses like dwelling,
recidivism, in consideration of price, reward or promise? 
A. Specific  B. Qualifying C. Inherent D. Generic

4. A suspected arsonist was caught. Evidence showed that he poured gasoline under the house
of another and was about to strike the match to set the house on fire when he was
apprehended. What crime was committed, if there is any?
A. Frustrated arson C. Attempted arson 
B. Consummated arson  D. NONE of these

5. Which of the following crimes over which the Philippine laws have jurisdiction even if
committed outside the country? 
A. Espionage  B. Treason C. Piracy and Mutiny D. All of these

6. In filling a complaint or information, how is the real nature of the crime charged
determined? 
A. Law specifically violated;
B. Facts recited in the complaint or information;
C. Title at the charge sheet;
D. Evidences to be presented.

7. Which of the following is NOT true?

A. In justifying circumstance, there is no civil liability except in causing damage to another
in state of necessity;
B. A person who acts by virtue of a justifying circumstance does not transgress the law
because there is nothing unlawful in the act as well as the intention of the actor;
C. NONE of these
D. In exempting circumstance there is a crime but there is no criminal.
8. For a waiver of the rights of a person under custodial investigation to be valid, how must it be
made? 
A. Voluntarily, intelligently and knowingly;
B. Waiver in writing;
C. With counsel presence and assistance
D. A. All of these

9. Which of the following is an exempted circumstance? 

A. An act done under the impulse 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 purpose;
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 or office.

10. The legal duty of a prosecuting officer to file charges against whomsoever the evidence may
show to be responsible for the offense means that ___________. 
A. NONE of these
B. Prosecutor has no discretion at all;
C. Prosecutor has all the discretion;
D. Discretion in determining evidence submitted justifies a responsible belief that a person
committed an offense

11. Accused was convicted of Homicide on September 15, 1983. No appeal was made; judgment
became final on October 1, 1983. He got his second conviction rendered on October 26, 1983
for Murder. He is called by law as a ____________. 
A. Hardened criminal  C. Recidivist
B. Habitual offender  D. Habitual delinquent

12. Speedy Gonzales (SG), the accused saw a 28-year-old Ms. Jenny near the gate of her
residence. Without a word, SG kissed Ms. Jenny on the cheek and basked softly his hands
onto her left breast. No one saw the incident. In a minute, SG left Ms. Jenny, who got
shocked and speechless. What crime did SG if any commit? 
A. Acts of lasciviousness  C. Unjust vexation
B.  Attempted rape  D. Seduction

13. Which of the following circumstances are considered mitigating? 

A. All of these
B. Offender has no intention to commit so grave a wrong as that committed;
C.  Offender is over seventy (70) years old;
D. Incomplete justifying and incomplete exempt service

14. Which is not a common requisite in justifying circumstances of self-defense, defense of

relative and defense of stranger? 
A.NONE of these
B. Unlawful aggression;
 C. Reasonable necessity of the means employed to prevent or repel it;
D. The person defending be not induced by revenge, resentment, or other evil motive

15. Which of the following is exempted from criminal liability? 

A. All of these B. Insane C. Imbecile D. Moron

16. What is that accusation made in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court? 
A. Counter affidavit B. Affidavit C. Information D. Complaint

17. Which among the following is NOT a requisite for evident premeditation and therefore
should NOT be appreciated? 
A. One day meditation/reflection and offered reward to killer;
B. Sudden outburst of anger;
C. Sufficient interval of time between time crime was conceived and actual perpetration;
D. Time when offender planned to commit the offense.

18. Which of these is NOT a requisite of “avoidance of greater 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.

19. What is the period of prescription of crimes punishable death, reclusion perpetua or
temporal?
A.15 years C. 20 years
B.5 years  D. 10 

20. Which one of the following does not belong to the group? 
A. Lack of skill  B. Negligence C. Imprudence D. Intent

21. If Denia slapped Rica’s face in front of a lot of people in a party, what crime did Denia
commit?
 
A. Unjust vexation  C. Physical injury
 
B. Slander by deed D. Malicious mischief

22. _______________ are facts and circumstances that would lead a reasonably discreet and
prudent man to believe that an offense has been committed and that the object sought in
connection with the offense are in place to be searched. 
A. Probable cause C. NONE of these
B. Warrant of arrest  D. Search warrant
23. Which is NOT a requisite before a court can validly exercise its power to hear and try a
case? 
A. NONE of these
B. It must have jurisdiction over the subject matter;
C. It must have jurisdiction over the person of the accused;
D. It must have jurisdiction over the territory where the offense was committed.

24. A’s superior officer fired him for no apparent reason. A lit a rag soaked with petroleum
andplaced it near the wooden wall of his office to get even. Only a small portion of the wall
got burned because another employee put out the fire. What crime was committed by A? 
A. Frustrated arson C. Arson
B.  Attempted arson D. Consummated arson

25. When charges for offenses are founded on the same facts or that which form part of a series of
offenses of the same character, the court may decide to: 
A. Decide to obviate delay by continuing proceedings;
B. Set the cases for consolidated case raffle;
C. Pursue separate trials;
D. Consolidate trials.

26. Which of the following does NOT justify arrest without warrant? 
A. Continuing crime C. Emergency doctrine
B. Arrest based on police suspicion D. Hot pursuit

27. This characteristic of criminal law is enounced in Article 366 of the Revised Penal Code:
crimes are punished under the laws; in force at the time of their commission. 
A. Prospective  C. Territorial
B. General  D. Preferential

28. When a person 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, robberies, theft, estafa or falsification,
if found guilty of any of the said crimes a third time or oftener, it is ______________. 
A. Quasi-recidivism C.Reiteration or habituality
B. Habitual delinquency D. Recidivism

29. Can a private person have the right to break into a building? 
A. No, the right is accorded only to public officials;
B. Yes, only if such breaking is necessary in making an arrest for a felony or to prevent the
commission of the offense;
C. No
D. Yes

30. Which is the hearsay evidence rule?

A. Witness can testify only to those facts derived directly confided to him;
 B. Witness cannot testify what he overheard;
C. Witness is an expert testimony;
D. Witness can testify only to the facts derived from his perception.

31. Which characteristic of criminal law is described by the following statement: criminal laws
are undertaken to punish crimes committed in Philippine territory. 
A. General  C. Prospective
B. Preferential D. Territorial

32. There are three types of criminal procedure: the accusatorial, the inquisitorial and what is the
other type? 
A. Mixed  C. Peculiar
 
B. Secular  D. Directorial
 
33. A public officer appropriating public funds and misappropriating public property are
examples of what kind of an offense? 
A. NONE of these C. Possession of prohibited interest by a public officer
B. Malversation D. Fraud
 
34. What will be the effect on the criminal liability of the accused who was sane when he
committed the crime, but becomes insane at the time of the trial? 
A. He is exempt from criminal liability under paragraph 1 of Article 12 of the Revised Penal
Code;
B. He is still criminally liable but his trial will be suspended until his mental capacity will be
restored to afford a fair trial;
C. His criminal liability will be extinguished;
D.  NONE of these
 
35. When is jurisdiction over the person of the accused acquired?
A. Some of these
B. Upon his receipt of summons
C. Upon his arrest
D. Upon his voluntary appearance
 
36. What power promotes the public welfare by restraining and regulating the use of liberty and
property? 
A. Law enforcement  C. Eminent domain
B. Police D. All of these
 
37. What is the effect of the death of the offended party in a criminal action of libel? 
A. No effect at all
B. The criminal liability is partially extinguished;
C. The criminal liability is extinguished;
D. The criminal liability is not extinguished.
 
38. Which of the following statement is 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 offense 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 of
crime;
D. In provocation, the cause that brought about the provocation need not be a grave offense.

39. One of the two requisites of admissibility of evidence is when it is relevant to the issue and
what is the other requisite? 
A. It observes continuity of rules;
B. It is not excluded by the law;
C. It multiplies admissibility chances;
D. It has a heavy weight of evidence.
 
40. Who is automatically exempt in all cases, from criminal liability? 
A. A person under nine years of age
B. A person under eighteen years of age
C.  An insane person in lucid interval
D. Some of these
 
41. Which is a form of slight physical injury in the list below? 
A. Maltreatment C. 3rd degree burn
B. Loss of eye  D. Mutilation
 
42. A 41-year-old man had a carnal knowledge with a 25-year-old woman who for reason of
mental abnormality has a mental capacity of an 11 year old. However, the woman consented
to such carnal act. What is the effect of such consent?
A. There is mitigating circumstances
B. Rape was committed 
C. There is aggravating circumstance
D.  There is no rape

43. Which of the following terms means resorting to any device to conceal identity? 
A. Disguise  C. Craft
B. NONE of these  D. Fraud

44. Which of the following constitutes waiver of any irregularity attending arrest? 
A. Posting of bail C. Filling a petition for bail
B. Entering a plea D. All of these
45. The law governing the Witness Protection, Security and Benefit Program is ________. 
A. R. A. 8551 C. R. A. 6981
B. R. A. 6975  D. R. A. 486446.

46. B stabbed the victim, a 12-year-old girl and while already at the threshold of death, B
rapedher. What crime was committed?
A. Murder  C. Rape
B. NONE of these  D. Homicide

47. What is NOT an element of knowingly rendering unjust judgment? 

A. That the judgment is valid
B. Offender is a judge
C. That he render a judgment in a case submitted to him for decision
D. NONE of these

48. How is accidental drunkenness appreciated as a circumstance in commission of offense? 

A. Exempting B. Mitigating C. Justifying D. Aggravating

49. Which of the following is a mitigating circumstance? 

A. Having acted 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 more lawful purpose;
C. An act done under the impulse of an uncontrollable fear of an equal or greater injury;
D. An act done under the compulsion of an irresistible force.

50. Under the Local Government Code of 1991, 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

51. What is meant by a “demurrer to evidence”? 

A. Motion to inhibit  C. Motion to deny
B. Motion to dismiss  D. Motion to postpone

52. Which among the following document is NOT a public document? 

A. Accomplished municipal form with NO signature
B. Deed of absolute sale duly notarized
C. Marriage certificates that are Xeroxed
D. Baptismal certificate 

53. Who are considered persons in authority? 

A. Teacher  C. Barangay captain 
B.  Professors D. All of these 
54. What must evidence be in order to become relevant to the issue? 
A. Not be excluded by the rules
B. Not be offensive to our senses
C. Should not be contrary morals
D. Have a direct bearing and actual connection to the facts in issue.

55. In which of the following offices should information be filed? 

A. Sherriff  B. Police C. Barangay  D. Court

56. What is that taking of person into custody so he can answer for the commission of the
offense? 
A. Imprisonment  C. Confinement
B.  Bail D. Arrest

57. 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. Wait outside until the person to be arrested decides to leave the building;
B. After announcing his authority and purpose, the peace officer may break into any
building or enclosure where the person to be arrested is or is reasonably believed to be;
C.  Leave the building and secure a court order to break into the building
D. NONE of these
 
58. What is that 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 were often employed
to extract a confession. The judge is not limited to the evidence brought before him but could
proceed with his own inquiry which is NOT confrontative.
A. Mixed system C. Inquisitorial
B. Accusatorial  D. NONE of these

59. What is the best remedy of a person who is accused under a wrong name? A
A. Ignore the charge
B.  Enter a plea of NOT guilty
C. File a motion to quash on the ground of lack of jurisdiction
D. NONE of these

60. What is the rule in criminal law about doubts?

A. Proven doubts should be resolved in favor of the defendant
B. All doubts should be resolved in favor of the accused
C.  Verified doubts shall be resolved in favor of the accused
D. A doubt duly annotated is resolved in favor of the accused
61. What may be established by common reputation? 
A. Individual moral character
B.  Verbal act
 C. Lifestyle
D. None of these

62. In the conduct of searches and seizure, what is the proper time in making the search?
A. It must be directed in the day time
B.  It must be directed at any time if the day if property is in the place ordered to be
searched
C.  It must be directed to be served any time of the day or night if the property is on
theperson
D. All of these 

63. _____________ is an act of grace proceeding from the power entrusted with the execution of
laws which exempts the individual on whom it is bestowed from the punishment the law
inflicts for the crime committed. 
A. Amnesty C. Pardon
B. Probation D. None of these

64. In a fit of jealousy, Dovie set fire on the “Banana Republic” boxer shorts of her boyfriend,
Fred. What crime did Dovie commit?  
A. Malicious mischief  C. Slight physical injury
B. Reckless imprudence D. Arson
 
65. What is the duty of the prosecutor when he is said to “direct and control” the prosecution of a
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 the proceedings
D. To impose his opinion to the trial court

66. Which among the following, best describes the moving power, which impels one to
action fora definite result? 
A. Mala in se C. Motive
B. Ignomita Facti Excusa  D. Intent

67. Which ground for motion to quash is not waived even if NOT alleged? 

A. Substantial non-conformity to the prescribed form
B.  Failure to charge an offense
C. The officer who filed the action is not authorized
D. None of these

68. What are those circumstances that affect criminal liability because of the conditions, which
make the act voluntary, or that negligence is wanting as an agent of the crime.
A. Exempting circumstance  C. Mitigating circumstance
B. Justifying circumstance  D. Aggravating circumstance
 
69. Which of the choices below is among the rights of the accused?
 A. To have a speedy, impartial and public trial
B. To be informed of the nature and cause of the accusation against him
C. To be presumed innocent until the contrary is proved beyond reasonable doubt
D. All of these
 
70. X, with the intention to kill O, loaded his gun and went to the house of O. He found him
sleeping on his bed. He fired all the bullets at O, without knowing that three hours before, he
died of cardiac attack. What crime did X commit?
A. Intentional felony  C. Murder
B. Homicide D. Impossible crime
 
71. Grave abuse of confidence alleged in the information is what kind of aggravating
circumstance? 
A. Generic B. Qualifying C. Inherent  D. Specific
 
72. What is the basis of exempting a person from criminal liability under Article 12 of the
RevisedPenal Code?  
A. Complete absence of intelligence
B. Complete absence of freedom of action
C. Complete absence of intent
D. All of these
 
73. What is the question, which arises in a case, the resolution of which is a logical antecedent of
the issues involved in said case, and the cognizance of which pertains to another tribunal? 
A. Justifiable question C. Prejudicial Question
B. Political Question D. None of these 
 
74. A man killed a child. What would be a proper charge? 
 
A. Infanticide C. Murder qualified by treachery
B. Homicide D. Murder
 
75. Accused John and Levy made an appeal from a judgment that convicted them of Rape. One
of the errors assigned as claimed, is “closed door hearing during the presentation of
testimony of the minor victim to the exclusion of other counsels and the parties not
concerned”. The closed door hearing is _______. A.
A. Violation of the right to public hearing
B. Violation or right to meet witnesses face to face
C. Allowed and sanctioned by prevailing jurisprudence
D. Allowed to preserve identity of the accused
 

76. Mayoralty candidates A & B in the City of Calamba are contesting each other’s votes
garnered during the last election. In this case, what could be the best evidence to present in
court? 
A. Ballots C. Certification by the board of canvassers
 B. Voters themselves   D. Lists of voters
 
77. Which is NOT a requisite in “obedience to an order issued for more lawful purpose”? 
A. That the means used by the subordinate to carry out said order is lawful
B. That an order has been issued by a superior
C. That an order has been issued for some lawful purpose
D. None of these
 
78. What is meant by “discernment” under paragraph 3 Article 12 of the Revised Penal Code?
A. It is the mental capacity to understand the difference between right and wrong
B. It is the mental capacity of a minor between 9 and 15 years of age to fully appreciate the
consequences
C. It is the ability to grasp the significant factors of a complex problem of a new situation
D. Some of these

79. When Juan starts to commit indirectly by overt acts, a crime under the Revised Penal Code,
but does NOT perform all the acts of its execution because of an accident other than his own
spontaneous desistance, what stage in the commission of crime would his case fall? 
A. Frustrated  C. Mistake of Fact
B. Consummated D. Attempted
 
80. Who among the following is NOT an agent of a person in authority? A.
A. Post master C. Barangay Tanod
B. Policemen  D. None of them
 
81. Which of the following is true about pardon by the President?  
A. It implies guilt of the convict.
B. It does not erase the fact of the commission of the crime and the conviction thereof.
C. It involves forgiveness and not forgetfulness 
D. All of these

82. ______________ is the use of any device or articles by the accused to conceal his identity.
A. Mistaken identity  C. Cover
B. Craft D. Disguise
 
83. What is the importance of classifying felonies based on gravity of penalty?
A. It ascertains whether the suspect is detainable or not;
B. It gives a period that he may be legally detainable;
C.  It determines whether the case if for inquest or not.
D. All of these
 
84.  ____________ is an act of sovereign power granting a general pardon for a past offense and
is rarely, if ever, exercised in behalf of certain classes of persons, who are subject to trial but
were not yet convicted. A.
A. Parole B. Amnesty C. Pardon D. Reprieve
 
85. Crimes against religious worship are of two kinds: One is interruption of religious worship
and the other is _____________. 
A. Usurpation of power
B. Offending the religious feelings
C. Revelation of religious secrets
D. All of these
 
86. An example of alternative circumstance would be _________.
A. Degree of instruction and education of the offender;
B. Intoxication
C. Relationship of the offender and the offended party
D. All of these
 
87. Which of the following cases fall within the exclusive original jurisdiction of the
Metropolitan Trial Court, Municipal Trial and Municipal Circuit Trial Court? 
 
A. Accion Publiciana C. Probationable cases
B. RA 9262 D. Rape
 
88. During the arraignment, X, the father of Y who was the accused in a rape case, offered a
marriage to the victim as a compromise. What is the effect of such offer of compromise?
A. X admits his guilt C. the compromise is not admission of guilt
B. Y admits his guilt D. X and Y admit their guilt
 
89. Which of the following is a continuing offense? 
A. After uttering defamatory words against the offended party, the accused attacked and
assaulted the later, resulting in slight physical injury;
B. A thief takes from the yard of a house two game roosters belonging to two different
persons;
C. The accused after robbing one house proceeded to rob another house and then to another
house where the third robbery was committed;
D. All of these
 
90. What is an effect of waiver of right to appear by the accused? 
A. There is waiver of the right to present evidence
B.  The prosecution can present evidence if the accused fails to appear.
C. There is no trial in absentia
D. None of these

91. It is no more than that the court will bring to its aid and consider, without proof of the facts,
its knowledge of those matters of public concern which are known by all well-informed
persons.
A. Judicial process C. Judicial hearing
B. Judicial notice D. judicial order
 92. The object of judicial notice is-
A. to save time, labor and expense of the court
B. to easily secure evidence on matters
C. to facilitate introduction of evidence
D. all of the above

93. What personal property CANNOT be seized?

A. Property used or intended to be used as a means of committing an offense;
B. Property stolen or embezzled and other proceeds or fruits of the offense;
C. Property subject of the offense.
D. None of these

94.  The trial court may allow the accused to present his defense first and thereafter give the
prosecution the opportunity to present his rebuttal evidence.
A. Reverse Trial B. Public TrialC. Trial in absentia D. None

95. It is said that searches of house, room or premises, who are needed? 
A. The accused as witness or members of his family
B. Two lawful occupants thereof
C. Witnesses of sufficient age and discretion residing in the same locality in the absence of
the accused
D.  A and C

96. Who shall enter a plea of guilty? 

A. His counsel de officio
B. His counsel de parte
C. Self confessed accused 
D. Defendant himself in an open court

97. Where should the ascertainment of truth happen?

a. In the barangay b. before the fiscal c. before a court proceeding d. all of the
above

98. Why are Evidence ILLEGALLY OBTAINED inadmissible?

a. Because of reason of public policy c. It will be unfair to the victim
b. Because it will convict the accused d. answer not given

99. For evidence to be admissible, it must be relevant to the issue.

A. Competency Test C. Relevancy Test
B. Evidence Test D. Legal Test

100. X was arrested for possession and sale of illegal drugs. Despite readily overwhelming
evidence against X, the court ordered the prosecution to present its evidence against him.
Why is this so?
A. The accused has the right to be arraigned.
B. The accused has the right to be presumed innocent until proven guilty.
 C. The prosecution has the right to convict the accused.
D. The prosecution and court must convict the accused.

101. To sustain conviction, the prima facie presumption of innocence of the accused must be
overcome by-proof beyond reasonable doubt.

A. Preponderance of evidence C. substantial evidence

B. Proof of guilt beyond reasonable doubt D. clear and convincing evidence