Page 1

Seat no. : _______

Republic of the Philippines
PROFESSIONAL REGULATION COMMISSION
Manila

BOARD OF CRIMINOLOGY

CRIMINOLOGISTS Licensure Examination

Tuesday, August 5, 2005 08:00 a.m. 11:00 a.m.
------------------------------------------------------------------------------------------------------------

CRIMINAL JURISPRUDENCE AND PROCEDURE SET B

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.

MULTIPLE CHOICE

1. Which of the following is a compound crime?

A. A man fired his revolver twice in succession directed against two different
persons, killing one person and the other;
B. NONE of these
C. Placing a time bomb in a plane, which cause it to explode in mid air killing 13
persons therein;
D. The accused fired his Thompson sub machine gun at several persons. The first
burst of shots hit three persons. The accused let loose a second burst of shots
wounding 2 others.
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. All of these
C. When the person to be arrested is a prisoner who has just escaped from a
penal establishment, etc.;
D. 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.
3. Which aggravating circumstance generally, can be applied to all offenses like dwelling,
recidivism, in consideration of price, reward or promise?
A. Specific C. Qualifying
B. 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 C. Treason
B. 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?
 Page 2

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. All of these
B. Voluntarily, intelligently and knowingly;
C. Waiver in writing;
D. With counsel presence and assistance.
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 on to 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 C. Insane
B. 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 C. Affidavit
B. Information D. Complaint
17. Which among the following is NOT a requisite for evident premeditation and therefore
should NOT be appreciated?
 Page 3

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 years
20. Which one of the following does not belong to the group?
A. Lack of skill C. Negligence
B. 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
and placed 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
B. Arrest based on police suspicion
C. Emergency doctrine
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
B. Reiteration or habituality
 Page 4

C. 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
B. Malversation
C. Possession of prohibited interest by a public officer
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. All of these D. Police
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;
 Page 5

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 exempt in all cases, from criminal liability?
A. A person under nine years of age
B. An insane
C. An imbecile
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
B. Filling a petition for bail
C. 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. 4864
46. B stabbed the victim, a 12-year-old girl and while already at the threshold of death, B
raped her. 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 C. Mitigating
B. 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
 Page 6

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 wit 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. All of these
B. Policeman D. Barangay captain
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. Prosecutor C. Police
B. Barangay D. Courts
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. NONE of these
D. Leave the building and secure a court order to break into the building.
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. 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. NONE of these
B. Individual moral character
C. Verbal act
D. Lifestyle
62. In the conduct of searches and seizure, what is the proper time in making the search?
A. All of these
B. It must be directed in the day time
 Page 7

C. It musty be directed at any time if the day if property is in the place ordered to
be searched
D. It must be directed to be served any time of the day or night if the property is on
the person.
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. NONE of these
B. Probation D. Pardon
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 for a 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. NONE of these
B. Substantial non-conformity to the prescribed form
C. Failure to charge an offense
D. The officer who filed the action is not authorized.
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. All of these
B. To have a speedy, impartial and public trial
C. To be informed of the nature and cause of the accusation against him
D. To be presumed innocent until the contrary is proved beyond reasonable doubt.
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 C. Qualifying
B. Inherent D. Specific
72. What is the basis of exempting a person from criminal liability under Article 12 of the
Revised Penal Code?
A. All of these
B. Complete absence of intelligence
C. Complete absence of freedom of action
D. Complete absence of intent
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. Any of these
B. Justifiable question
C. Both justifiable and prejudicial question
D. Prejudicial question
 Page 8

74. A man killed a child. What would be a proper charge?

A. Infanticide
B. Murder qualified by treachery
C. Homicide
D. Murder
75. Defendants John and Levy made an appeal from 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. Decided upon by the court
B. NOT sanctioned by the rules of court
C. Strictly prohibited by law
D. An error in judgment
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. Witnesses D. Registration 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. NONE of these
C. That an order has been issued by a superior
D. That an order has been issued for some lawful purpose
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
 Page 9

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. None of these
B. Consummated D. Attempted
80. Who among the following is NOT an agent of a person in authority?
A. Post master C. All of them
B. Policemen D. Municipal treasurer
81. What is an effect of pardon by the President?
A. None of these
B. The pardoning power can be exercised even before conviction
C. The pardoning power of the president can be exercised only after conviction
D. The pardoning power does not extent to cases of impeachment
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. All of these
B. It ascertains whether the suspect is detainable or not;
C. It gives a period that he may be legally detainable;
D. It determines whether the case if for inquest or not.
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. Amnesty C. NONE of these
B. Probation D. General Pardon
85. Crimes against religious worship are of two kinds: One is interruption of religious
worship and the other is _____________.
A. NONE of these
B. Usurpation of power
C. Offending the religious feelings
D. Revelation of religious secrets
86. An example of alternative circumstance would be _________.
A. All of these
B. Degree of instruction and education of the offender;
C. Intoxication
D. Relationship of the offender and the offended party.
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
B. Probationable cases
C. Violation of city or municipal ordinances
D. Offenses punishable by reclusion perpetua
88. Noemi, a minor pretended she was of legal age and executed a deed of sale where
she sold a property she inherited in favor of Mrs. Ting. After the consummation of said
contract, what legal action can Noemi take?
A. She can rescind the contract
B. She can recover the property on the ground of estoppel
C. She can recover the property by seeking annulment of the contract;
D. She may apply for the recession of the contract.
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. NONE of these
C. A thief takes from the yard of a house two game roosters belonging to two
different persons;
 Page 10

D. The accused after robbing one house proceeded to rob another house and then
to another house where the third robbery was committed.
90. What is an effect of waiver of right to appear by the accused?
A. NONE of these
B. There is waiver of the right to present evidence
C. The prosecution can present evidence if the accused fails to appear.
D. Both A and C
91. How “silence of a person in a direct accusation” is best treated?
A. As a self incriminatory reaction
B. As a quasi-confession
C. As a judicial notice
D. As a quasi-admission
92. 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. Any property that can be used as an evidence to prosecute the offender;
D. Property subject of the offense.
93. _________ is the peril in which the person is put when he is regularly charged wit a
crime before any tribunal properly organized and competent to try him.
A. Detention C. Jeopardy
B. Imprisonment D. NONE of these
94. In Metro manila and other chartered cities, where shall the offended party file his
complaint?
A. Municipal Circuit Trial Court C. Office of the Prosecutor
B. Metropolitan Trial Court D. Regional Trial Court
95. Who grants absolute pardon?
A. Probation officer
B. Director of the Bureau of Prisons
C. Judge
D. The Chief Executive
96. It is said that searches of house, room or premises, should be made in the presence of
two witnesses. Who are these witnesses supposed to be?
A. Two members of his family
B. Two lawful occupants thereof
C. NONE of these
D. Witnesses of sufficient age and discretion residing in the same locality.
97. Who shall enter a plea of guilty?
A. His counsel de officio
B. His authorized counsel
C. Self confessed accused
D. Defendant himself in an open court
98. When the evil intent of the offender could not be accomplished because the means
employed by him is inadequate or ineffectual, it is called___________.
A. NONE of these C. Impossible crime
B. Frustrated felony D. Attempted felony
99. How can evidence of survivorship be proven?
A. All of these
B. By direct evidence
C. By indirect evidence
D. By circumstantial evidence
100. Where a woman was carried by the accused to a distance of 5 meters from the
place where she was grabbled, but left her because of her screams, what crime was
committed?
A. Light coercion
B. Grave coercion
C. Attempted serious illegal detention
D. Frustrated serious illegal detention