Criminal law and Jurisprudence d.

President, Prime minister and

ARIEL C. MANLUSOC Ambassador.
Registered Criminologist 8. Mr. A committed loitering within the vicinity of
BS. Crim., M.A. Crim., Ph. D. Crim., Llb, Isetan Recto on January 12, 2009. June 12, 2009, a
Criminal Law Boo k 1 city ordinance was passed punishing loitering within
1. Is that branch of municipal or public law which the vicinity of Isetan Recto. Can A be held liable for
defines crimes, treats of their nature and provides for his act of loitering?
their punishment? a. Yes, for there is a law passed punishing it
a. civil law b. procedural law c. b. Yes under the principle of retroactive
criminal law d. substantive law effect of criminal law
2. The following are sources of criminal law, c. No, for the act was done prior to the
EXCEPT: effectivity of the law.
a. Act 3815 b. City and municipal d. No, for A did not loiter again.
ordinance c. Special penal laws d. 9. Under what characteristics of criminal law the
constitution above circumstance falls?
a. Generality b. Territoriality
3. The Revised Penal Code serves as the primary c. Prospective d.
source of criminal laws in the Philippines. It took Retroactive
effect on? 10. What legal maxims support the above scenario?
a. January 1, 1923 c. December 8, a. Pro reo
1930 c. Actus non facit reum , nisi mens sit rea
b. January 1, 1932 d. January 1, 1933 b. Nullum crimen nulla poena sine lege
December 8, 1930 = dated of approval of the RPC. d. actus me invito factus non est meus actus

4. The following are characteristics of classical theory
of criminal law, EXCEPT:
a. the basis of criminal liability is human free
will and the purpose of the penalty is retribution.
b. Man is essentially a moral creature with an
absolutely free will to choose between good and evil,
thereby placing more stress upon the effect or result
of the felonious act than the man;
c. there is scant regard to the human
element.
d. That man is subdued occasionally by
strange and morbid phenomenon which constrains
him to do wrong, in spite of or contrary to his volition.
5. Acts or omissions punishable by law are crimes.
What are acts committed or omitted in violations of
special laws?
a. felony b. offense c.
misdemeanor d. infraction of law
6. Basically, there are three fundamental
characteristics of criminal law. What characteristics of
criminal law states that criminal law is binding on all
persons who live or sojourn in the Philippines?
a. Generality b. Territoriality c.
Prospective d. Retroactive
7. The following are the exemption to the rule of
Generality, EXCEPT:
a. Those who are subject of treaty stipulation
b. Those who are immune under the law of
preferential application
c. Those who are exempted under Public
International law
11. Which of the following legal maxim means "the
act cannot be criminal unless the mind is criminal".
a. Pro reo c.
Actus non facit reum , nisi mens sit rea
b. Nullum crimen nulla poena sine lege d.
actus me invito factus non est meus actus
“Non facit reum nisi mens sit rea” (an act does not
make the doer guilty, unless the mind is guilty .)
“Dura Lex Sed Lex” (The law is hard, but it is the
law.)
“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 cause.)
“Mens rea” ( Evil intent)
12. A legislative act that inflicts punishment without
trial, its essence being the substitution of legislative
fiat for a judicial determination of guilt.
a. Ex post facto law b. Bill of attainder
c. Retroactive law d.
Prospective
13. The following persons are exempt from criminal
liability under the principle of public international law,
EXCEPT:
a. Heads of states c.
ambassador
b. ministers of plenipotentiary d.
charges d affaires e. None
14. Crimes committed within the territorial water of
another country can either be triable in that country or
on the country where the vessel is registered. What
rule provides that a crime committed on board vessel
shall be NOT tried in the court of the country having
territorial jurisdiction, unless their commission affects d. That the act does not constitute a crime of
the peace and security of the territory or the safety of negligence or imprudence.
the state is endangered. 23. X tried to kill Y by putting in his food a substance
a. French rule b. American Rule which he thought was an arsenic (poison) when in
c. Spanish Rule d. English Rule fact it was just a sugar. Y was not killed as a
consequence.
15. Any bodily movement tending to produce some a. Mistake in the blow c. preater
effect in the external world. intentionem
a. act b. omission c. dolo b. No crime committed d.
d. culpa impossible crime

16. Felonies are committed either by Dolo or 24. Whenever a court has knowledge of any act
______? which it may deem proper to repress and which is not
a. Deceit b. Fault c. Culpa punishable by law, it shall:
d. Intent a. Render the proper decision, and shall report to the
Chief Executive, through the Department of Justice.
17. Things which are wrongful in their nature. b. Dismiss the case and shall report to the Chief
a. evil b. mala in ce c. Executive, through the Department of Justice.
mala in se d. mala prohibita c. Render the proper decision, and shall report to the
Mala in Se vs. Mala Prohibita Chief Justice of the Supreme Court.
d. Dismiss the case and shall report to the Chief
18. The moving power which impels one to action for Justice of the Supreme Court.
a definite result. 25. This takes place when the offender commences
a. intent b. motive c. deceit that commission of a felony by overt acts, and does
d. fault not perform all the acts of execution which should
produce the felony by reason of some cause or
19. The following are crime committed by mistakes accident other than his own spontaneous desistance.
which does not operate as an Exemption/justification, a. Consummated b. Frustrated c.
EXCEPT: Attempted d. Impossible crime
a. Aberratio Ictus b. Error in Personae 26. A with intent to kill, fired a gun towards B, hitting
c. Preater Intentionem d. Mistake of Fact B at his shoulder. B was able to run away and
survived the injury. What crime is committed by A?
20. That cause, which, in the natural and continuous a. Physical Injury c.
sequence, unbroken by any efficient intervening Attempted homicide
cause, produces the injury without which the result b. Frustrated homicide d. Less
would not have occurred. serious physical Injury
a. Proximate cause c. 27. The following are the elements of frustrated
Intervening cause felonies, EXCEPT:
b. Immediate cause d. Probable a. The offender performs all the acts of
cause execution
b. All the acts performed would produce the
21.Death is presumed to be the natural consequence felony as a consequence but the felony is not
of physical injuries inflicted in the following, EXCEPT produced.
            a. The victim at the time the physical injuries c. By reason of causes independent of the
were inflicted was in normal health. will of the perpetrator.
            b. The death may be expected from the d. Due to some cause or accident other done
physical injuries inflicted his own spontaneous desistance.
            c. Death ensued within a reasonable time.
           d. The resulting injury is due to the intentional 28. Mrs Lucila with intent to kill puts poison on the
act of the victim coffee of her husband Mr. William Herschel, when
22. The following are elements of Impossible crime, Mr. was at the stage of convulsion, Mrs Lucila had a
EXCEPT: change of heart and administer an antidote causing
a. That the act performed would be an Mr. William to survive but left in comatose. What was
offense against persons or property. committed by Mrs. Lucila?
b. That the act was done with evil intent a. frustrated parricide c. serious
c. That its accomplishment is inherently physical injury
impossible, or that the means employed is either b. attempted parricide d. less
inadequate or ineffectual serious physical injury
29. Is that portion of the acts constituting the crime,
starting from the point where the offender begins the
commission of the crime to that point where he has
still control over his acts including their (acts) natural
course
a. Subjective Phase b. Objective Phase
c. Internal Act d. Act of Execution
30. Which of the following is NOT a Factor in
determining stage of execution of felony
a. Nature of the offense;
c. Manner of committing the felony.
b. Elements constituting the felony; and
d. Intent in committing the crime.
31. Light felonies as a general rule should only be
punishable when consummated, EXCEPT:
a. On crimes against persons and chastity.
c. On crimes against person and property.
b. On crimes against property and chastity.
d. On crimes against chastity and honor.
32. It exist when exists when two or more persons
come to an agreement concerning the commission of
a felony and decide to commit it.
a. Proposal to commit a crime c.
Conspiracy and proposal to commit a crime
b. Conspiracy to commit a crime d.
Instigation to commit a crime.
33. A, B and C and five unarmed men conspired to
rob the Banco De Oro. While having their meeting at
their safe-house, a group of PNP personnel arrested
them. What crime was committed by A, B, and C?
a. Illegal Assembly c.
Conspiracy to commit robbery
b. Attempted Robbery d.
No crime
34. A, B and C conspired to rob the Philippine
National Bank in their secret safe house. While they
are planning how to commit the crime, operatives of
the NBI barged in and arrested the group.
What crime was committed by A, B and C?
A. No crime was committed
B. Under the facts no crime was committed
as mere conspiracy to commit a crime is not
punishable
C. Attempted robbery
D. Frustrated robbery
35. Grave felonies are those to which the law
attaches the capital punishment or penalties which in
any of their periods are:
a. light b. correctional c.
afflictive d. reflective
Capital Offense – punishable by death
Grave Felonies –
Less Grave Felonies = crimes punishable by
correctional penalty.
Light felonies = those infraction of law or
which is punishable by arresto menor or a
fine not exceeding 200 pesos or both.
36. In case of crimes which are latter subject of
special penal laws, what rule of interpretation shall be
applied?
a. The RPC shall be observed.
b. The RPC shall prevails over special laws.
c. The RPC will be supplementary to special
law.
d. The Special law shall be supplementary to
the RPC.
37. It is the quality by which an act may be ascribed
to a person as its author or owner. It implies that the
act committed has been freely and consciously done
and may therefore be put down to the doer as his
very own.
a. Guilt b. Liability c.
Responsibility d. Imputability
38. Refers to crimes consummated in one instant or
by a single act.
a. formal crimes b. informal crimes
c. formal felonies d. informal felonies
39. 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 c.
mitigating circumstances
b. exempting circumstances d.
aggravating circumstances
40. The following circumstances excepts the person
from both criminal and civil liability, EXCEPT.
a. Self -Defense, Defense of Stranger and
Defense of Relatives.
b. Fulfillment of a duty or in the lawful
exercise of a right or office.
c. Obedience to an order issued by a
superior for some lawful purpose.
d. Avoidance of Greater evil or injury.
e. None of these
41. The following are the requisites for self defense,
EXCEPT
a. Unlawful aggression.
b. Reasonable necessity of the means
employed to prevent or repel it.
c. Lack of sufficient provocation on the part
of the person defending himself.
d. Lack of intent on the part of the person
defending himself.
42. Those grounds which makes the person not
imputable for the offense since there is a wanting in
the agent of the crime of the conditions which make
the act voluntary or negligent.
 a. Justifying b. Mitigating 41. Which of the following operates as an absolutory
c. Exempting d. cause:
Aggravating a. Spontaneous desistance (Art 6)
43. Charles Darwin, a 15 year old child, took the b. Accessories who are exempt from criminal
cellphone of Ms. Isabela Bernales. Charles Darwin is liability by reason of relationship (Art 20).
____. c. Legal spouse or parent who inflicts slight
a. Liable for the crime of theft. c. physical injuries under exceptional
Not liable for the crime of theft circumstances (Art 247).
b. Liable for the crime of robbery. d. d. Person exempt from criminal liability for
Not liable for the crime of robbery. theft swindling and malicious mischief by
44. The following circumstances exempt a person relationship to the offended party (Art 332).
from criminal liability though there is civil liability e. All of these
considering that there is crime committed, EXCEPT: 42. An aggravating circumstances which generally
a. Minority c. Accident apply to all crimes such as dwelling, nighttime or
b. Imbecility /Insanity d. Acting recidivism.
under compulsion of an irresistible force. a. generic b. specific c. qualifying
e. Acting under the impulse of an d. inherent
uncontrollable fear of an equal or greater
injury. 43. X raped the wife in the presence of the husband,
forcing her, using the dog-style position in the sexual
38. The following are exempted from criminal liability, act. Rape is committed aggravated by what
EXCEPT: circumstances?
a. Children 15 years of age below a. ignominy b. passion c. cruelty
b. children over 15 but under 18 who acted d. craft
without discernment
c. Insane persons or an Imbecile persons 44. Is an act of sovereign power granting a general
d. Children over 15 but under 18 who acted pardon for past offense and is rarely exercised n
with discernment. favor of a single individual and is usually granted to
39. Who among the following incurs full responsibility certain classes of persons usually political offenders,
upon commission of a crime? who are subject to trial but not yet convicted.
a. Those 15 years of age and below. a. Pardon b. Commutation c.
c. Those who are 18 years of age Parole d. Amnesty
and above.
b. Those who are over 15 but under 18 years 45. The law which prohibits the imposition of the
of age. d. Those who are 18 years of age. death penalty?
a. R.A. 6981 b. P.D. 968 c. R.A.
40. Are those where the act committed is a crime but 9346 d. R.A. 4103
for reasons of public policy and sentiment, there is no
penalty imposed. 46. How do you call an offender who within a period
a. Justifying circumstances c. of ten (10) years from the date of his release or last
Absolutory cause conviction of the crimes of Serious or Less serious
b. Mitigating Circumstances d. Physical Injuries, Robbery (robo), Theft (hurto),Estafa
Exempting circumstances or falsification is found guilty of any of the said crimes
  a third time or offener?
40. X was charged before the court. During the a. Recidivist c.
pendency of his trial he died. What would be the Reiteracion
effect of his death on the case involved and on b. Quasi recidivist d. habitual
his criminal liability? delinquent
A. The criminal case will be dismissed and
his criminal liability is extinguished. 47. The following circumstances are always mitigated
B. The criminal case will proceed and his in terms of alternative circumstances, except:
criminal liability is not extinguished. a. Low degree education
C. The criminal case will be archived to wait b. Intoxication wherein the drunk person has
for his resurrection. not intended it or not a habitual drunkard.
D. Actually there will be no effect at all c. Relationship in crimes against property
because his relatives will be the one to face d. Relationship in crimes against persons.
trial and punished in case of his conviction. 48. Refers to persons who take direct part in the
execution of a crime:
 a. principals b. accessories c. b. degree of the penalty d.
accomplice d. instigators period of penalty
49. A person who directly induce others to commit a 61. The crime of libel and other similar offenses shall
crime is regarded as: prescribe in how many years?
a. principal by direct participation c. a. 15 years b. 1 year c. 10 years
principals by indispensable cooperation d. 5 years
b. principal by induction d. 62. Those crime punishable by death, reclusion
instigators perpetua and reclusion temporal shall prescribe in:
50. The desire or wish in common thing a. 20 years b. 15 years c. 10 years
a. intent b. motive c. conspire d. 5 years
d. cooperate 63. Those punishable by correctional penalties shall
51. A person lends Juan the bolo which was used in prescribe in how many years?
the murder of another person is liable as: a. 20 years b. 15 years c. 10 years
a. principal b. accessory c. d. 5 years
accomplice d. conspirator 64. Light offenses prescribe in:
52. Person who aide the felons to hide away a. 12 months b. 6 months c. 4 months
evidences or profit from the fruits of the crime are d. 2 months
said to be:
a. principal b. accessory c. 65. A and B had a quarrel . A boxed B. A told B, “ I
accomplice d. conspirator will kill you this week”. A bought a firearms. On
53 The following are considered as afflictive Friday, he waited for B and shot him but killed C
penalties, except: instead. In so far as B is concerned, the crime
a. death by lethal injection b. reclusion committed by A is:
perpetua c. reclusion temporal d. prison a. attempted murder b. frustrated murder
mayor c. illegal discharge of firearm d. all of
54. Shall deprive the offender rights of parental these
authority or guardianship. 66. In so far as C is concerned the crime committed
a. subsidiary penalty b. penalty c. is:
suspension d. civil interdiction a. frustrated homicide b. murder c.
55. Personal liability to be suffered by the convict consummated homicide d. none of the above
who has no property to meet the fine. 67. X (as principal) committed the crime of Homicide
a. subsidiary penalty b. suspension c. (consummated) which is punishable by
penalty d. civil interdiction Reclusion Temporal. He pleaded guilty to the charge
56. A form of protection rather than a penalty in at the arraignment. Determine his penalty.
cases of art 247 of the RPC. A. Prision mayor (any period) as minimum to
a. subsidiary penalty b. suspension c. Reclusion temporal (minimum period) as the
Distierro d. civil interdiction maximum period of the indeterminate penalty.
57. In cases wherein the commission of an offense in B. Prision mayor (minimum) as minimum to
necessary in the commission of another it is said that Reclusion temporal (any period) as the maximum
the crime is: period of the indeterminate penalty
a. formal crime b. informal crime C. Reclusion temporal as the minimum period to
c. compound crime d. complex crime reclusion perpetua as maximum
58. An entire penalty, enumerated in the graduated D. Prision mayor. 
scale of penalties. 68. X (as principal) committed grave coercion
a. degree b. period c. (consummated) punishable by prision correctional.
prescription d. duration There was one aggravating circumstance in the
59. A sentence of imprisonment for the maximum commission of the crime let us say “with the aid
period defined by law subject to the termination by of armed men”. Fix his penalty.
the parole board at any time after service of the A. Arresto mayor (any period) as minimum to
sentence. Prision correctional (maximum period) as
a. suspension b. in determine maximum period of the indeterminate penalty.
sentence c. prescription d. period of B. Arresto mayor (medium period) as
penalty minimum to Prision correctional (any period) as
60. It is the forfeiture or loss of the right of the state to maximum period of the indeterminate penalty.
prosecute the offender for the commission of a crime C. Prision correctional medium to Prison
after a certain lapse of time. mayor as maximum period
a. prescription of the crime c. D. None of the above.
prescription of the penalty Criminal Law Book 2
 Classifications of Felonies in Different Titles c. violent insanity or other ailment requiring
Arts. 114 to 367 the compulsory confinement.
1. The following are crimes Against National Security d. a and c only
and Law of Nations, EXCEPT. e. a, b and c
a. Treason b. Piracy and mutiny c. 9. The following are acts constitute a crime of
Espionage d. Rebellion delaying release, EXCEPT:
a. Delays the performance of a judicial or
2. Breach of allegiance to a government, committed executive order for the release of a prisoner.
by a person who owes allegiance to it. b. Delays the service of the notice of such
a. treason b. espionage c. order to said prisoner.
adherence to the enemy d. rebellion c. Delays the proceedings upon any petition
for the liberation of such person.
3. The degree of proof required to convict a person d. Delays the filing of a criminal offense
accused of treason. against the detainee to the proper judicial
a. substantial evidence c. proof authority.
beyond reasonable doubt e. All of these
b. two witness rule d. 10. Mr. Robinhood was arrested for illegal
Preponderance of evidence possession of firearms which is considered a low
4. The following are elements of Piracy, EXCEPT: power gun. Considering that such is punishable by
a. A vessel is on the high seas or in correctional penalty, within how many hours should a
Philippine waters; case be filed to the proper judicial authority?
b. The offenders are not members of its a. 12 hours b. 18 hours c. 24 hours
complement or passengers of the vessel; d. 36 hours
c. That the offender resist to a superior
officer 11. It is the unauthorized act of public officer who
d. The offenders either attack or seize that compels a person to changed his residence or
vessel or seize the whole or part of the otherwise expels him from the Philippines.
cargo of said vessel, its equipment or a. violation of domicile b. arbitrary
personal belongings of its complement or detention c. trespass to dwelling d. expulsion
passengers 12. The following are act constituting Violation of
5. Which of the following does NOT Qualify the crime Domicile.
of Piracy: a. Any public officer or employee who enter
a. Whenever the pirates have seized the vessel on any dwelling against the will of the owner
the high seas or in Philippine waters. thereof;
b. Whenever the pirates have seized a vessel by b. Any public officer or employee search any
boarding or firing upon the same. papers or other effects found therein without
c. Whenever the pirates have abandoned their the previous consent of the owner;
victims without means of saving themselves. c. Any public officer or employee refuse to
d. Whenever the crime is accompanied by murder, leave the premises, after having
homicide, physical injuries, or rape. surreptitiously entered said dwelling and after
having been required to leave the premises.
6. Otherwise known as the “Anti Piracy and Anti- d. Any public officer or employee who search
highway Robbery Law of 1974: domicile without witnesses.
a. Comm. Act. No, 616 b. P.D. 532 e. All of these
c. P.D. 533 d. R.A. 6235 f. a, b and c only
13. As a rule no search of house , room or premise
7. PO1 Agresibo, without legal grounds arrested and shall be made except in the presence of:
detained Mr. Suspetsoso and deprived said person of a. The lawful occupants of the premise.
his liberty is liable for: b. Any member of his family.
a. illegal detention b. arbitrary detention c. At least two (2) witnesses of sufficient age
c. Unlawful arrest d. Kidnapping and discretion residing in the same locality.
d. a and b only
e. Any of a, b, and c
8. The following are legal grounds for the detention of 14. SPO1 Masinop having authorized by a search
any person, EXCEPT: warrant, search the house of Mr. Mando N. Ducot.
a. commission of a crime. After having discovered the item specified in the
b. escape from prison/penal institution. warrant, SPO1 Masinop took the same and includes
the jewelry box filed with jewelry which is not included
in the list of the item to be seized. SPO1 Masinop is:
a. liable for the crime of violation of domicile.
b. Not liable for the crime of violation of
domicile.
c. May not be liable for violation of domicile.
d. liable for a crime but not on violation of
domicile.
15. The following are crimes against the fundamental
law of the State. Which one can be committed by
private person?
a. Arbitrary detention
c. Violation of Domicile
b. Interruption of religious worship.
d. Offending religious feelings.
e. Prohibition, interruption or
dissolution of peaceful meetings.
16. The Law which provides Human Security
a. R.A. 9208 b. R.A. 9745
c. R.A. 9372 d. R.A. 7438
17. Any person who committed an act of terrorism
shall be punished with an imprisonment of 40
years without the benefit of parole as stated
provided under R.A. 4103 Otherwise known as
the Indeterminate Sentence law, as amended,
and shall be detained without warrant for a period
not more than?
a. 12 hours c.
36 hours
b. 18 hours d. 3 days
18. Bert de Leon not only confessed his membership
with the Sparrow unit but also his participation and
that of his Group in the killing of SPO2 Manalad while
the latter was manning the traffic along C.M. Recto
Ave, Manila. Under the facts given, what crime was
committed by the former and that of his Group?
a. murder c. rebellion
b. sedition d.
Homicide
19. This crime is committed by raising publicly and
taking arms against government to completely
overthrow and supersede said existing government.
a. treason c.
coup d' etat
b. rebellion d.
sedition
20. A swift attack accompanied by violence,
intimidation, stealth, directed against duly
constituted authorities, public utilities, military
camps and installation with or without civilian
support, for the purpose of diminishing state
power.
a. treason c.
coup d' etat
b. rebellion d.
sedition
21. It is a felony which in its general sense is raising
of communications or disturbances in the state
outside of the legal method.
a. treason b. rebellion c. coup d'
etat d. sedition
22. A police officer, who arrested a member of
congress while going to attend a senate session for a
traffic violation is liable for:
a. crime against popular representation
c. violation of parliamentary immunity
b. acts tending to prevent the meeting of the
National assembly d. all of the foregoing
23. The Kilusan ng mga Ungas at Paranoid (KUP)
was organized by Mr. Panot allegedly for protecting
the poor laborer, where in fact it was organized to
form a group that would rise against the rich
businessmen of their city. For what crime can they be
charged?
a. Illegal assembly b. Illegal association
c. coup de ‘etat d. rebellion
24. Any association, organization, political party or
group of persons organized for the purpose of
overthrowing the Government of the Republic of the
Philippines or for the purpose of removing the
allegiance to said government or its law, the territory
of the Phils. Or any part thereof, with the open or
covert assistance or support of a foreign power by
force violence, deceit or other illegal means. Is a
crime of:
a. Rebellion b. Illegal Association c.
Subversive Association or Organization d. illegal
Assembly
25. Mrs Ditas, a Mayor of Caloocon together with
engineer Pandac and Councilor Panot were
surveying the land occupied by informal settlers for
government projects and for their relocation. The
residence opposes with the plan. Mrs. Lourdes, one
of the resident, slapped the face of Mayor Ditas when
the latter came near. One of the close escort of the
Mayor defend her but Mrs. Lourdes also slapped him
and punch as well. For What crime Mrs. Lourdes can
be charged for in relation to Mayor Ditas?
a. Sedition b. Slander by Deed c.
Direct Assault d. Rebellion
What about as regards to the security escort? ----
Indirect Assault.
26. The following Qualifies Direct Assault, EXCEPT:
a. The assault is committed with a weapon
b. The offender is a public officer or
employee
c. The offender lays hands upon a person in
authority
d. The offender seriously intimidating or
resisting a person in authority.
 Its should be noted that the assault should be mad
without public uprising
27. Any person directly vested with jurisdiction,
whether as an individual or as a member of some
court or government corporation, board or
commission, shall be deemed _____?
a. Agent of a person in authority c.
person in authority
b. Judicial authority d.
Public employee
28. It is committed by any person who shall resist or
seriously disobey any person in authority, or the
agents of such person , while engaged in the
performance of official functions.
a. Direct assault c. Disobedience to
summons issued by the National Assembly.
b. Indirect assault d. Resistance and
disobedience to a person in authority or the agents of
such person.
29. In applying the provisions of Article 148 and 151
of the RPC the following shall be deemed a person in
authority while in the performance of their
professional duties as amended by B.P. 873,
Approved June 12, 1985, EXCEPT:
a. Teachers b. Lawyers c.
Professors d. Barangay Tanod Officer
30. The following are crimes classified as public
disorders, EXCEPT.
a. Tumults and other disturbances of public
order (Art 153)
b. unlawful use of means of publication and
unlawful utterances. (Art 154)
c. Alarms and scandals (Art 155)
d. Delivering prisoners from Jails (Art 156)
e. None of these
31. Mr Pasaway while under the influence of liquor
fired a gun in the air to proclaim to the people that he
is celebrating his birthday. Such act constitutes____?
a. illegal discharge of firearm b. alarm
and scandals c. disturbances d. outcry
32. Mrs Maria G., a sister of Mr. Mario G (a
sentenced prisoner), gave 20K to the Jail warden to
facilitate or allow the escape of her brother is guilty of
what crime?
a. Evasion of service of sentence
c. Delivering prisoners from jail
d. Bribery
d. Corruption of public official
33. The following circumstances qualifies the crime of
evasion of service of sentence:
a. By means of unlawful entry (by scaling)
b. By breaking doors, windows, gates, walls,
roofs or floors.
c. By using picklocks, false keys, disguise,
deceit, violence or intimidation.
d. Through connivance with other convicts or
employees of the penal institutions.
e. All of these
34. A convict who shall evade the service of
sentence, by leaving the penal institution where he
shall have been confined, on occasion of disorder
resulting from a conflagration, earthquake, explosion
or similar catastrophe or during a mutiny in which
he has not participated and shall fail to give himself
up to the authorities within 48 hours following the
issuance of the proclamation by the Chief Executive
announcing the passing of the calamity shall suffer
an increase of 1/5 of the time still remaining but
which in no case shall exceed:
a. 1/5 of the remaining period of the original
sentence. c. one (1) year
b. 6 months
d. 2 years
A deduction of 1/5 as provided by Art 98, RPC once
he gave himself up within the above period.
35. Mr. Bandido was convicted for a crime of robbery
before serving his sentence or while serving the
same he committed a crime of murder. What
condition is said to have occurred?
a. recidivism c. quasi-
recidivism
b. reiteration d. habitual
delinquency
36. It is committed by giving to a treasury or bank
note or any instrument payable to bearer or to order
the appearance of a true and genuine document. It is
likewise committed by falsification through erasing,
substituting, counterfeiting, or altering by any means,
the figures, letters, words or signs contained therein
(Art 169).
a. Falsification of public document
c. Falsification
b. Forgery d. Falsification by public
officer, employee or notary or ecclesiastical minister.
37. A person who counterfeits or imitate a traffic
police sticker and sell the same shall be liable for a
crime of:
a. Estafa through falsification of a public
document. c. Falsification of public document
b. Theft through falsification of a public
document. d. Forgeries
38. This crime is committed by any person without
any distinction, by falsely representing himself as an
officer and performing under pretense of official
position any act pertaining to such person.
a. usurpation of authority c.
usurpation of official functions
b. estafa d. a
and c
39. Any other name of a person which publicly
applies to himself without authority of the law.
a. alias b. A.K.A c. fictitious
names d. true name
40. It is committed by a person, who being under
oath are required to testify as to the truth of a certain
matter at a hearing before a competent authority,
shall deny the truth or say something contrary to it.
a. forgery b. perjury c.
falsification d. false testimony
g or point shaving and machinations in sports
contests) and 449 (cockfighting law), which are
inconsistent with P.D. 1602, are repealed.
RA 9287- An Act Increasing the Penalties for Illegal
Number Games Amending Certain Provisions of PD
1602 (Latest Law on Gambling)- included the games
of masiao and last two as illegal number games.
41.Consist of acts which are offensive to decency
and good customs, which having been committed
publicly, have given rise to public scandal to persons
who have witness the same.
a. immoral doctrines c.
grave scandal
b. obscene publication and exhibitions d.
libel
42. Refers to persons having no apparent means of
subsistence but has the physical ability to work and
neglects to apply himself or herself to lawful calling.
a. bum b. vagrant c. prostitute
d. destitute
43. It is the improper performance of some acts
which should have been lawfully be done.
a. malfeasance c.
nonfeasance
b. misfeasance d.
dereliction of duty
44. It s crime committed by a judge who knowingly
issued an unjust order which decides some point or
matter but which however, is not a final decisions of
the matter in issue:
a. Knowingly rendering unjust judgment
b. Judgment rendered through negligence
c. Unjust interlocutory order.
d. Malicious delay in the administration of justice.
e. Betrayal of trust by an attorney or solicitor –
revelation of secrets
45. This one is committed by public officers or
employees who, in dereliction of the duties of his
office, shall maliciously refrain from instituting
prosecution for the punishment of violators of law, or
shall tolerate the commission of offenses.
A. Direct bribery C. Qualified bribery
B. Indirect bribery D. Prevaricacion or
negligence or tolerance in prosecution of offenses
46. What crime is committed by any public officer or
employee who shall agree to perform an act
constituting a crime, in connection with the
performance of his official duties, in consideration of
any offer, promise, gift or present received by such
officer, personally or through the mediation of
another.
A. Direct bribery D. Qualified bribery
B. Indirect bribery C. Prevaricacion or
negligence or tolerance in prosecution
47.Any public officer who is entrusted with law
enforcement who refrain from arresting or
prosecuting an offender who has committed a crime
punishable by reclusion perpetua and/ or death in
consideration of any offer, promise, gift or present.
a. bribery b. direct bribery c.
qualified bribery d. indirect bribery
48.It is a crime committed by any appointed public
official who shall who become interested in any
transaction within his territory, subject to his
jurisdiction during his incumbency.
a. Prohibited transaction
c. Fraud against public treasury
b. Possession of prohibited interest by a
public officer d. Prevaricacion
Public Officer
Experts, arbitrators and private accountants
Guardians and Executor
49. This is committed by an accountable public officer
who, shall appropriate, or shall misappropriate or
shall consent, or through abandonment or negligence
shall permit another person to take public funds or
property.
A. Direct bribery C.
Malversation of public funds
B. Technical malversation D.
Embezzlement
50. The following are crimes classified under
Infedelity of public officers:
a. Infidelity in the custody of the prisoners
(Arts 223 and 224). c. Revelation of secrets
(Arts 229 and 230)
b. Infidelity in the custody documents (Arts
226 to 228). d. all of these
51. This is committed by any public officer or
employee who shall overdo himself in the correction
or handling of a prisoner or detention prisoner under
his charge by the imposition of punishment not
authorize by the regulations or inflicting punishment
in a cruel or humiliating manner.
A. Police brutality B. Sadism C.
Maltreatment of prisoners D. Physical injuries
52.This is committed by any public officer who shall
solicit or make immoral advances to a woman under
his custody or to other women like the wife, daughter,
sister or relative within the same degree by affinity of
any person in the custody of a warden or officer.
 A. Sexual harassment C. 65. A person who got into a dispute with another,
Acts lf lasciviousness assaulted the latter for the purpose of delivering his
B. Abuses against chastity D. victims to the jailer is guilty of what crime?
Abuse of authority a. illegal detention b. illegal arrest
53. For what crime Benny can be charged? c. unlawful arrest d. physical
a. homicide b. parricide c. murder injuries
d. infanticide 66. Refers to a crime committed by any person who
54. What if it is Pining who killed the infant? threatens another with the infliction upon the person,
55. What if it is the father of Benny who killed the honor or property of the latter or of his family of any
infant? wrong amounting to a crime.
56. What if the infant is only two (2) days old? What a. grave threat b. light threat c.
crime is committed by Benny, Pining or the father of graver coercion d. light coercion
Benny? 67. When a threat to commit a wrong not constituting
57.. It is the violent expulsion of a human fetus from a crime is made by another, what crime is
the maternal womb of birth which results in death. committed?
a. infanticide b. abortion c. murder a. grave threat b. light threat c.
d. parricide graver coercion d. light coercion
58. Takes place whenever a person is killed during a 68. Any person who by means of violence shall seize
confusion attendant to quarrel among the several anything belonging to his debtor for the purpose of
persons not continuing a group and the perpetrators applying the same to the payment of a debt, is
cannot be ascertained. committing.
a. homicide b. murder c. death a. grave threat b. light threat c.
caused by tumultuous affray d. riots graver coercion d. light coercion
59. husband punched and kicked his pregnant wife 69. It is a felony wherein a person compels another
causing the death of their unborn child is guilty of: by means of force, violence or intimidation to do
a. parricide c. something against his will, whether right or wrong.
intentional abortion a. grave threat b. light threat c.
b. abortion d. grave coercion d. light coercion.
unintentional abortion 70. It includes human conduct, which although not
60. A formal and regular combat previously concerted productive of some physical or material harm would
between two parties in the presence of two or more annoy an innocent person.
seconds of lawful age on each side, who make the a. light threat b. light coercion c.
selection of arms and fix all other conditions. unjust vexation d. graver coercion
a. riot b. duel c. 71. It is the talking of personal belonging to another,
tumultuous affray d. mutilation with intent to gain by means of violence against, or
61. It is the lopping or clipping off some part of the intimidations upon things of any person, or using
body, e.g. a woman cutting the penis of a male lover force upon anything.
to deprive the latter of its true. a. robbery b. theft c.
a. physical injury b. duel c. brigandage d. estafa
tumultuous affray d. mutilation 72. A genuine key stolen from the owner is
62. What crime is committed by person who considered as a:
assaulted another, causing the latter to be absent a. false key b. hot item c.
from work for two weeks? stolen item d. picklock
a. mutilation c. less serious physical 73. A stole thing from a locker by means of the key of
injury the owner, what crime was committed?
b. serious physical injury d. slight physical injury a. theft c. possession of
63. Committed by a man having a carnal knowledge pick locks
with a child less than 12 years old. b. robbery d. possession of
a. rape b. acts of lasciviousness c. false key
seduction d. adduction 74. A crime committed by more than three armed
64. A private individual who detains another for the malefactors who form a band for the purpose of
purpose of depriving the latter of his liberty for more committing robbery in the highway or kidnapping
than three days is guilty of: persons for the purpose of extortion or to obtain
a. illegal detention c. serious ransom, or for any other purpose to be attained by
illegal detention means of force & violence.
b. arbitrary detention d. slight a. robbery b. kidnapping c.
illegal detention brigandage d. theft
75. Committed by any person who with intent to gain exemption against members of the family from
but without violence or intimidation of persons nor criminal liability in crimes against properties.
force upon things shall take personal property of a. Robbery b. theft c.
another without latter's consent. Malicious mischief d. estafa
a. robbery b. kidnapping
c. brigandage d. theft
76. A housemaid who was caught in the act of carting Criminal procedure
away the furniture of her employer would be charged 1. It is defined as a method fixed for the
of what crime? apprehension and prosecution of person alleged to
a. theft b. robbery c. qualified have committed a crime.
theft d. estafa A. Criminal procedure c.
77. Altering the place of a mojon in the lot to insure rules of court
that the property would be larger when surveyed is a B. Criminal jurisprudence
crime of: d.rulesof procedure
a. estafa c. 2. It refers to the authority or power to hear and
usurpation decided cases.
b. chattel mortgage d. a. Jurisdiction c.
altering boundaries or landmarks Venue
78. it is the willful damaging of another 's property for b. Jurisprudence d.
the sake of causing damage due to hate, revenge or territory
other evil motive. 3. It refers to the geographical division or territorial
a. swindling b. destruction of property limit where the power of the court is exercised and
c. malicious mischief d. chattel mortgage which is jurisdictional in criminal case.
79. What crime was committed by a married woman a. Venue b. Jurisprudence c.
having carnal knowledge with a man not her jurisdiction d. court
husband? 4. It is the authority to hear or try a case for the first
a. adultery b. concubinage c. instance.
acts of lasciviousness d. seduction a. Original jurisdiction c.
80. A married man who allows his paramour to live in concurrent jurisdiction
their conjugal dwelling is liable for what crime? b. Exclusive jurisdiction d.
a. adultery b. concubinage c. appellate jurisdiction
acts of lasciviousness d. seductio. 5. It is the sole authority to hear cases to the
81. Lewd acts committed upon person of either sex exclusion of the others.
not amounting to rape by using force or intimidation. a. Original jurisdiction c.
a. adultery b. concubinage c. concurrent jurisdiction
acts of lasciviousness d. seduction b. Exclusive jurisdiction d.
82. A person who ripped the dress of a woman and appellate jurisdiction
placed his penis over the woman's genital organ is 6. It is the system of criminal procedure which is
liable for what crime? characterized by secrecy of investigation and the
a. rape b. seduction c. forcible option of the defense and prosecution to appeal.
abduction d. acts of lasciviousness a. Inquisatorial b. Mixed c.
83. Pedro was able to have carnal knowledge with accusatorial d. fixed
his girlfriend by promising the latter with marriage, 7. It is that system of criminal procedure which is
what crime was committed? conducted either at the initiative of the public
a. seduction c. abduction prosecutor or the offended party and the right to
b. acts of lasciviousness d. none of the appeal are limited to the defense.
foregoing a. Inquisatorial b. Mixed c.
84. Alfred directed his employee Luz to deliver accusatorial d. fixed
several pieces of jewelries to his Mother whom he 8. The law expanding the jurisdiction of the MTC,
had misunderstanding. The latter however, pawned MTCC, MCTC.
the said jewelries to a pawnshop and a. R.A. 7691 b. R.A. 8493 c.
misappropriated the same. What would be the proper BP 129 d. R.A. 1379
offense committed by Luz? 9. In criminal cases, what determine the jurisdiction of
a. Swindling b. theft c. court. EXCEPT:
robbery d. malicious mischief a. Extent of penalty b. Person
85. Which of the following crimes does not operates accused c. territory d. subject matter
as an absolutory cause which could serves as an 10. Sworn statement, subscribed by Offended party,
any peace officer of public officer in charged of
enforcement of the law violated filed either to the a. preliminary investigation c.
court or to the office of the prosecutor. Prejudicial question
a. Complaint b. Pleadings b. inquest proceeding d.
c. Information d. affidavit custodial investigation
11. Prescription of offense commence to run: 20. Preliminary investigation is conducted on cases
a. Upon discovery of the crime by the punishable by:
offended party or peace officers or their agent . a. at least four (4) years, two (2) months and
b. Upon filing of cases in court one (1) day.
c. Upon escape of the accused b. more than four years, two months and one
d. Upon re-appearance of the accuse day
12. The following are cases covered by rules on c. less than four years, two months and one
summary procedure EXCEPT: day
a. Where the penalty is six months d. six years, one day and above
imprisonment. c. Violation of rental laws 21. The following person are authorized to conduct
b. Violation of traffic laws d. Where preliminary investigation, EXCEPT:
the penalty foes not exceed six (6) months a. Judges of Metropolitan Trial Court
imprisonment. b. Provincial and city prosecutors and their
13. The following offenses cannot be prosecuted de assistants;
office without a complaint first filed by the offended c. Judges of the Municipal Trial Courts and
party, EXCEPT: Municipal Circuit Trial courts;
a. Rape b. Abduction c. d. National and Regional state prosecutors;
Seduction d. Adultery and and
Concubinage e. a and c
14. Complaint or Information shall charge only one 22. After the filing of the Complaint or Information in
offense. This is the rule on: court without a preliminary investigation within how
a. Duplicity of offense b. Complex many days an accused person upon knowing the
crime c. compound crime d. continuing crime filing of said complaint may ask for preliminary
15. Complaint and information can be amended as to investigation?
______ after plea and during the trial with leave of a. 5 days b. 15 days c. 10 days
court and without causing prejudice to the rights of d. 30 days
the accused. 23. Is the taking of a person into custody in order that
a. form b. substance and form he may be bound to answer for the commission of an
c. substance d. none of these offense.
16. Civil action arising from the offense is deemed a. Arrest b. warrant c.
instituted with the criminal action unless: jurisdiction d. seizure
a. offended party waives the civil actions c. 24. Validity of the warrant of arrest?
institutes the civil action prior to the criminal action a. no fixed duration b. 30 days
b. reserves the right to instituted it separately c. 20 days d. 10 days
d. All of these 25. Lifetime of search warrant?
17. A petition for suspension of criminal action upon a. 10 days b. 20 days c. 5 days
the pendency of a prejudicial question in a civil action d. No fixed duration
may be filed: 26. Within how many days upon the date of execution
a. before the prosecution rests. c. of a warrant of a arrest the person charged with its
before preliminary investigation execution shall report to the court which issue such
b. before arraignment warrant when arrest was not been made?
d. before plea a. 10 days b. 30 days c.
18. Is that which in a case the resolution of which is a 20 days d. 5 days
logical antecedent of the issue involved therein, and 27. It refers to the ways and means of trapping and
the cognizance of which pertains to another tribunal. capturing the law breakers in the execution of their
a. Prejudicial question c. criminal plan.
preliminary investigation a. Instigation b. Investigation
b. inquest proceeding d. c. Entrapment d. Entertainment
custodial investigation 28. In flagrante delicto means ______?
19. Is an inquiry or proceeding to determine whether a. caught in the act b. instigation c.
there is sufficient ground to engender a well-founded caught after commission d. entrapment
belief that a crime has been committed and the 29. When arrest may be made?
respondent is probably guilty thereof, and should be a. At any time of the day and night c.
held for trial. At night time
 b. At day time d. b. Upon conviction by the RTC exceeding
from sun dust till dawn 6years but not more than 20 years who is a recidivist.
30. In People v. Pinzon under what Constitutional c. Upon conviction by the RTC exceeding
Mandates an arresting officer should inform the 6years but not more than 20 years when there is
person to be arrested of his rights? undue risk that he may commit another crime during
a. Art III Sec. 12 b. Miranda Doctrine the pendency of the appeal.
c. R.A. 7438 d. Rule 115 d. Upon conviction by the RTC exceeding
31. When making an arrest the arresting officer 6years but not more than 20 years who has
____________the warrant of arrest in his previously escaped from legal confinement.
possession? 39. Is an offense which, under the existing law at the
a. Need not have c. time of its commission and at the time of the
may sometime have application for admission to bail may be punished
b. Should always have d. with death.
need to have a. capital offense b. Less grave c.
32. It refers to the questioning initiated by law heinous crime d. Grave felony
enforcement officer after a person has been taken 40. The following are kinds of bail, EXCEPT
into custody. a. Property Bond c,
a. custodial investigation b. inquest c. Cash Bond
interview d. interrogation b. Corporate surety bond d.
33. Under what circumstances arrest can be made Recognizance e. None of these
even without a warrant? 41. When the maximum penalty to which the accused
a. All of these may be sentenced is destierro, he shall be released
b. When the crime was committed in the presence of after____ of preventive imprisonment:
the arresting officer. a. 30 days b. 20 days c.
c. When the crime was in fact been committed and 15 days d. 60 days
there is personal knowledge based on probable 42. Bail shall automatically be cancelled upon:
cause that the person to be arrest has committed it. a. acquittal of the accused c.
d. When the person to be arrested is an execution of the judgment of conviction
escapees. b. dismissal do the case d. all of
34. It is a security given for the temporary release of these
a person in custody of the law. 43. It is the rule which states that if the inculpatory
a. bail b. parole c. fine facts and Circumstances are capable of two or more
d. conditional pardon interpretation, one which is consistent with the
35. Trial ________ may proceed in case the accused innocence of the accused and the other consistent
person failed to appear at the trial without justification with his guilt, or they are evenly balanced. The
and despite due notice. constitutional presumption of innocence should tilt the
a. In absentia b. in flagrante de scale in favor of the accused and he must be
licto c. on the merits d. none of these acquitted.
36. When Bail is a matter of right? a. Equipoise rule b. Presumption of
a. Before or after conviction by the guilt c. Hornbook doctrine d. due
metropolitan, Municipal or Municipal circuit trial court. process of law
b. upon conviction by the Regional Trial 44. Refers to the counsel provided by the
Court. government to assist destitute litigant?
c. before conviction by the Regional Trial a. Counsel de officio c.
Court. counsel de parte
d. upon preliminary investigation b. Public Attorney’s Office
37. Bail is a matter of right under the constitution. d.National Prosecution Office
EXCEPT: 45. It is a process directed to a person requiring him
a. crime punishable by reclusion perpetua to to attend and to testify or to bring with him any books
death or documents under his control at the trial of an
b. Crime punishable by life imprisonment action.
c. crimes punishable by death a. subpoena c.
d. crime punishable by reclusion perpetua or subpoena duces tecum
life imprisonment when evidence of guilt is strong . b. subpoena ad testificandum d.
38. When bail is a discretionary? warrant of arrest
a. Upon conviction by the RTC not 46. Unless shorter period is provided by special law
punishable by reclusion perpetua or life or Supreme Court circular, the arraignment shall be
imprisonment.
held within ___ days from the ate the court acquires person of the accused shall order a pre-trial
jurisdiction over the person of the accused. conference?
a. 30 days b. 10 days c. a. 30 days b. 15 days c.
15 days d. 5 days 20 days d. 60 days
47. If An accused person who refuses to plead, a 56. How many days is given to an accused person to
plea of ____ shall be entered. prepare for trial after a plea of not guilty is entered?
a. Not guilty b. admission by a. 15 days b. 20 days c.
silence c. guilty d. none 30 days d. 180 days
48. When reception of evidence in necessary under 57. The trial of a case shall commence with ___ days
the following circumstances: from receipt of the pre-trial order?
a. Plea of guilty to lesser offense C. a. 30 days b. 15 days c. 20 days
Plea of guilty to non-capital offense. d. 60 days
b. plea of guilty to capital offense. d. 58. This is a mandatory proceeding in criminal cases
all of these wherein the court shall set after arraignment of the
49. When the complaint is vague, the accused may accused?
file a motion alleging among others the defect of the a. Plea bargaining b. stipulation of facts
complaint or information and the details desired in c. Pre trial conference d. trial
order to enable him to properly answer and prepare proper
for trial. This motion is known as: 59. The trial court has how many days from the first
a. motion for bill of particular c. motion to day of trial to terminate the same?
dismiss a. 60 days b. 365 days c. 180 days
b. motion for clarification d. d. 150 days
motion for postponement 60. The trial of a case can be made in absentia
50. Upon motion of the proper party, arraignment except on the following circumstances:
shall be suspended on the following grounds: a. at the arraignment and plea.
a. The accused appears to be suffering from b. during the trial whenever necessary for
unsound mental condition. identification purposes.
b. there exist a prejudicial question. c. at the promulgation of sentence, unless for
c. A petition for review of the resolution of the a light offense.
prosecutor is pending either at the DOJ or office of d. all of these
the President. 61. The order of trial is:
d. All of these a. Prosecution, accused, rebuttal and
51. A move for the annulment of the criminal charge surrebattal c. Direct, cross, re-cross, re-direct
made by an accused is: b. Prosecution. cross, redirect, re cross
a. Motion to quash b. nolle prosequi d. Direct, cross, rebuttal and
c. Motion to dismiss d. bill of particulars surrebattal.
52. It is the loss by the state of the right to prosecute 62. It is the testimony of a witness taken upon oral
and punish or the termination of the power to question or written interrogatories, in open court, and
prosecute or punish the offender after the lapse of reduced into writing and duly authenticated.
certain definite period from the commission of the a. affidavit b. evidence
offense. c. deposition d. testimony
a. Prescription of crime b. acquisitive c. 63. Is the person chosen by a child to be present or
prescription of penalty d. extinctive to accompany him to testify or to attend the trial to
53. It is one of the grounds for motion to quash. It is provide emotional support.
the danger of being prosecuted for the same offense a. guardian ad litem b. facilitator c.
for the second time. support person d. interpreter
a. double jeopardy b. Double trial 64. Refers to items such as dolls, puppets, drawings,
c. double trouble d. Double mannequins or any other appropriate demonstrative
dribble device to assist him in testimony.
54. Provisional dismissal of offense punishable by a. Testimonial aids c.
imprisonment not exceeding six years or a fine of any Emotional security items
amount or both shall become permanent after b. support item d. none of
_______. these
a. one year b. 2 years 65. It is a type of a question that can be allowed in all
c. 5 years d. 4 years stages of examination of a child, if the same will
55. Within how many days after arraignment and further the interest of justice.
from the date the court acquires jurisdiction over the a. leading questions b. Relevant c.
misleading d. narrative
66. The discharge of accused to be state witness a. errors of law or irregularities during the trial
operates as ____? c. a and b
a. suspension b. conviction c. b. new and material evidence has been
acquittal d. termination discovered. d. none of these
67. Which of the following is a ground for discharge 76. Who represents the State in an action for appeal?
of an accused to be state witness: a. prosecutor b. Secretary of DOJ
a. there is absolute necessity for the c. appellant d. Solicitor General
testimony of the accused. 77. When an appeal shall be taken?
b. said accused does not appear to be the a. within 10 days b. within 30 days
most guilty. c. within 15 days d. within 5 days
c. said accused has not been convicted of a 78. The party appealing the case shall be called?
crime involving moral turpitude a. appellant b. accused c. Appellee
d. all of these d. defendant
68. After the prosecution rest its case, the accused 79. Property subject of search and seizure,
person may move for the dismissal of the case on: EXCEPT?
a. on its own initiative after giving the a. Subject of the offense c. Used or intended to
prosecution an opportunity to be heard. be used as the means of committing an Offense.
b. Demurrer to evidence b. Stolen or embezzled and other proceeds or
c. motion for reconsideration fruits of the offense. d. Firearm.
d. motion for new trial 80. When search must be made?
69. It is the judicial examination and determination of a. in the day time c.
the issue in an action or proceeding, civil or criminal. only during sunrise
a. pre-trial b. trial c. plea b. any time of the day and night d. in the
bargaining d. judgment presence of two witnesses
70. Is the adjudication by the court that the accused 81. In a criminal case, the People of the Philippines is
is guilty or not guilty of the offense charged and the the ____?
imposition of the proper penalty and civil liability. a. Plaintiff b. offended party c.
a. judgment c. rendition defendant d. respondent
of judgment 82. A complaint or information have the same legal
b. promulgation of judgment d. content, however, they differ as to who subscribe to
conviction it, who subscribe and information?
71. It is the degree of proof which does not excluding a. Accused b. Prosecutor c.
the possibility of error; produces absolute certain. Witness d. Victim
MOral certainty only is required. 83. Pursuant to section 2 of Rule 112 of the Rules of
a. acquittal c. Proof Court, the following officers are authorized to conduct
beyond reasonable doubt preliminary investigation except?
b. clear and convincing d. a. Provincial and City Prosecutor c.
preponderance of evidence Regional State Prosecutor
72. It is the finding of not guilty based on merits or b. Judge MTC/MCTC
that the evidence does not show that t\his guilt is d. Public Attorney's Office
beyond reasonable doubt. e. b and d
a. dismissal b. conviction 84. A Special Law which defines certain rights of
c. acquittal d. judgment accused, detained or under custodial investigation as
73. Judgment becomes final when? well as duties of the arresting, detailing and
a. the period for perfecting an appeal lapse. investigating officer.
b. when the sentenced is partially of totally a. R.A.7438 b. R.A.7348 c. R.A.7834
satisfied or served. d. R.A.3478
c. when the accused waived in writing his 85. Under the Rule 115 of the Rules of Court, an
right to appeal. accused cannot be compelled to be a witness against
d. When he applied for probation. himself. This principle also known as:
e. all of these a. rights against illegal arrest
74. Which of the following cannot be filed after c. the right to presume innocent
judgment of conviction becomes final. b. rights against self-incrimination
a. motion for new trial d. right to live
c. motion to dismiss (demurrer to evidence) 86. Under the Rules on Summary Procedures, the
b. Motion for reconsideration following pleading are prohibited except:
d. All of these a. motion to quash c. bill of
75. Which is a ground for new trial? particular
 b. answer d. demurred 93. Demurrer to evidence may be filed by a party to a
to evidence case
87. In preliminary investigation, the respondent may a. after arraignment c. after trial
submit the following except: b. after the defense has rested its case
a. counter-affidavit c. witness
affidavit d. after the prosecution had rested its case
b. motion to dismiss d. 94. The accused may questioned the legality of his
supporting evidence arrest _____ otherwise the said accused could no
88. The following cases committed by public official longer questioned the same and that the arrest is
with salary grade 27 and above fall under the presumed by the court as valid.
exclusive jurisdiction of the Sandiganbayan, Except. a. before arraignment c. before
a. Crimes committed in violation of Act 3019, preliminary investigation
R.A. 1379 and section 2, chapter 2, title VII , Book b. before conviction d. before
two of the RPC trial
b. civil and criminal cases filed pursuant to 95. The following are the matters to be taken up in
and in connection with executive order nos. 1, 2, 14 pre-trial conference except:
and 14-A. a. examination of witnesses
c. Crimes committed by public official in b. marking of evidence
relation to their office c. plea bargaining
d. None of these d. stipulation & simplification of issues
89. It is the law which classifies rape from crime 96. The reservation of the right to institute separate
against chastity to crimes against person, making civil action shall be made:
crime prosecutable even without a complaint filed by a. before arraignment
the offended party? b. before the pre-trial conference
a. R.A. 8353 b. R.A. 9283 c. R.A. c. before the prosecution rest its case
8493 d. R.A. 7055 d. before the prosecution presents evidence
90. Civil liability arising from the offense charged is 97. Amendment without leave of curt before the
deemed instituted upon the filing of criminal action in accused pleads is allowed by the Rules of Court
court as provided by Rule 111 of the Rules of Court. under the following instances EXCEPT:
In what instances can a civil action for recovery of a. amendment as to substance
civil liability can be separated? b. amendment as to form
a. When the offended party waives the civil c. amendment that reflect typographical error
action; d. amendments the downgrades the nature of the
b. When the offended party reserves his right crime
to institute the civil action; 98. One of the requisites in order that one of the
c. When the institution of the civil action is accused nay be discharge in order to be state
made prior to the criminal action. witness is that
d. all of these a. Said accused does not appear to be the
91. What is the effect of death of the accused in civil most guilt
actions? b. Said accused does not appear to be lease
a. It extinguish the civil liability arising from guilty
delict. c. Said accused must not appear to be guilty
b. Independent civil action instituted may be d. Said accused must appear to be innocent
continued against the estate or legal representative as char
of the accused.
c. If the accused dies before arraignment, the PART IV EVIDENCE
case shall be dismissed without prejudice to any civil 1. It is the means, sanctioned by these rules of
action the offended party may file against the estate ascertaining in a judicial preceding the truth
of the deceased. respecting a matter of fact?
d. all of these a. Evidence b. Facts c. Proof
92. Pursuant to Rule 114 of the Rules of Court, a d. Burden of proof
detainee may be release on bail in the following 2. It is the ultimate facts or the facts in issue or to be
manner, except: proved. It is the essential facts constituting the
a. property bond c. performance plaintiff’s cause of action?
bond a. Fctum probandum b. Evidence c.
b. corporate surety d. factum probans d. proof
recognized 3. The rules of evidence shall be________________,
except as otherwise provided by law or these rules.
 a. the same in all courts and in all trials and 12. It is that proof which, if unexplained or
hearings uncontradicted, is sufficient to sustain the proposition
b. not the same in all courts and in all trials it supports or to establish the facts, or to
and hearings counterbalance the presumptions of innocence to
c. dependent on the type of case involved warrant a conviction.
d. absolutely the same in all courts and in all a. Prima-facie evidence
trials and hearings c. Rebuttal evidence
4. Relevancy is one of the requisites for admissibility b. Preponderance of evidence
of evidence which means that evidence must have d. Sur-rebuttal evidence
such relation to the fact in issue as to induce belief in 13. Court shall take judicial notice, without the
its existence or non-existence. The other requisite is introduction of evidence of the following, EXCEPT:
____________? a. Matters of Public Knowledge
a. That is should not be excluded for by law. c. The measure of time
c. That it is credible b. Law of nation
b. That it is material to the facts in issue d. d. Law of nature
That it is the best evidence 14. Court may take judicial notice of the following in
5. Evidence must be relevant in order to be exercise of its discretion, EXCEPT.
admissible hence, collateral matters are not allowed. a.The geographical divisions
Except: b. Matter which are of public
a. When it tends in any reasonable degree to knowledge;
establish the probability or improbability of the fact in c. Matters capable of unquestionable
issue. demonstration; or
b. When it is competent d. Matter ought to be known to
c. When it is credible judges because of their judicial functions.
d. When it has the ability to prove the facts in issue 15. Matters of judicial notice have three material
based on other related evidence. requisites. These requisites are:
6. Any evidence which is obtained in violation of any a. The matter must be one of
rights of a person will not be admissible in court. This common and general knowledge.
is anchored on what requisites of admissibility? b. It must be well and authoritatively
a. materiality b. relevancy c. settled and not doubtful or uncertain
competency d. credibility c. It must be known to be within the
7. It is that quality of evidence which tends to limits of the jurisdiction of the court.
influence the trier of facts because of its logical d. All of these
connection with the issue. Evidence which has an 16. When can proper court, on its own initiative or on
effective influence or bearing to the question? request of a party, may take judicial notice of any
a. material b. competent c. matter and allow the parties to be heard thereon if
relevant d. credible such matter is decisive of a material issue in the
8. Evidence which the witness states that he did not case?
see or know of the factual occurrences what kind of a. After the trial c.
evidence? on appeal
a. negative b. affirmative c. b. before judgment
positive d. alibi d. All of these
9. An additional evidence of different kind tending to 17. Self incriminatory statement falling short of an
prove the same facts in issue. Evidence which are acknowledgement of guilt made by a party in the
supplementary to that already given and tending to course of the proceeding in the same case which
strengthen or confirm it. does not require proof.
a. Corroborative b. Associative c. a. Admission
Commulative d. Credible c. self serving statement
11. Is the one required to prove a criminal case. It b. declaration against interest
refers to the logical and inevitable result of the d. confession
evidence on record, exclusive of any other 18. Evidence that is directly addressed to the senses
consideration, of the moral certainty of the guilt of the of the court.
accused or that degree of proof which produces a. Real or Object b. Testimonial
conviction in an unprejudiced mind. c. Documentary d. Direct
a. Proof beyond reasonable doubt 19. When the subject of inquiry is the contents of a
c. Preponderance of evidence document no evidence shall be admissible other than
b. Clear and Convincing Evidence the original documents itself. This refers to the
d. Substantial evidence _____.
 a. Best Evidence Rule c. Secondary
Evidence Rule
b. Parole Evidence Rule d. Best Evidence
20. What are the exemptions to the best evidence
rule:
(a). When the original has been lost or
destroyed or under cannot be produced in court,
without bad faith on the part of the offeror;
(b)When the original is in the custody or
under the control of the party against whom the
evidence is offered, and the latter fails to produce it
after reasonable notice;
(c)When the original consist of numerous
accounts or other documents which cannot be
examined in court without great loss of time and the
fact sought to be established from them is only the
general result of the whole; and
(d)When the original is a public record in the
custody of a public officer or is recorded in a public
office.
(e) All of these
21. The following are considered original document,
EXCEPT.
a. The original of a document is one
the contents of which are the subject of inquiry.
b. When the document is in two or
more copies executed at or about the same time, with
identical contents, all such copies are equally
regarded as originals.
c. When an entry is repeated in the
regular course of business, one being copied from
another at or near the time of the transaction, all the
entries are likewise equally regarded as originals.
d. When the document is more than
30 years old kept in a place where it is normally to be
found and not embellished by any alteration.
22. When the original document has been lost or
destroyed, or cannot be reproduced in court, the
offeror, upon proof of its execution or existence and
the cause of its unavailability without bad faith on his
part, may prove its contents by a copy, or by a recital
of its contents in some authentic document or by the
testimony of witnesses n the order stated.
a. Secondary Evidence Rule
c. Best Evidence Rule
b. Secondary Evidence
d. Parole Evidence Rule
23. When secondary evidence is allowed:
a. When the Original has been lost,
destroyed or cannot be produced in court, without
bad faith on the part of the offeror;
b. When the original is under the custody or
under the control of the party against whom the
evidence is offered, and the latter fails to produce it
after reasonable notice;
c. When the original consist of numerous
accounts or other documents which cannot be
examined in court without great loss of time and the
fact sought to be established from them is only the
general result of the whole; and
d. When the original is a public record in the
custody of a public officer or is recorded in a public
office.
e. All of these
24. What are secondary evidence?
a. A Certified true COPY of a document
d. Testimony of witnesses
b. A recital of its contents in some authentic
document e. All of these
25. When the terms of an agreement have been
reduced to writing, it is considered as containing all
the terms agreed upon and there can be, as between
the parties and their successors in interest, no
evidence of such terms other than the contents of the
agreement.
a. Parol evidence Rule
c. parol evidence
b. Best Evidence Rule
d. Secondary Evidence
26. It refers to an evidence of oral or written
statement of a party presented as evidence to modify
explain or add to the terms of the written agreement.
a. Parol Evidence
c. Best evidence
b. Secondary Evidence
d. Parole Evidence rule
27. On which of the following circumstances parol
evidence can be accepted?
a. When there is an intrinsic ambiguity,
mistake or imperfection in the written agreement;
b. The Failure of the written agreement to
express the true intent and agreement of the parties
thereto;
c. The validity of the written agreement; or
d. The existence of other terms agreed to by
the parties or their successors in interest after the
execution of the written agreement.
e. All of These
28. As a rule all persons who can perceived, and
perceiving, can make known of their perception to
others can be witness and the following shall not be a
ground for disqualification.
a. Religious and political belief c.
conviction of a crime unless otherwise provided by
law
b. Interest in the outcome of the case d.
All of these
29. The following are qualifications for discharged of
a person to be state witness.
a. There is absolute necessity for
the testimony of the accused whose discharge is
requested;
b. There is no other direct evidence
available for the proper prosecution for the offense
committed except the testimony of said accused;
 c. The testimony of said accused
can be substantially corroborated in its material
points;
d. Said accused does not appear to
be the most guilty;
e. Said accused has not at any time
been convicted of an offense involving moral
turpitude.
f. All of these
30. An Act Providing for A Witness Protection,
Security and Benefit program and for other purposes.
a. R.A. 6981 b. P.D.749 c.
R.A. 6646 d. R.A. 6770
31. The following are grounds for disqualification to
be a witness, EXCEPT:
a. Disqualification by reason of
mental incapacity or immaturity.
b. Children whose mental maturities
make them incapable of perceiving and relating what
was perceived truthfully.
c. Disqualification between Spouses
by reason of marriage, except on certain cases filed
against one another or their direct descendants or
ascendants.
d. Conviction of a crime involving
moral turpitude
32. It is the rule which disqualifies a parties or
assignors of parties to a case, or persons in whose
behalf a case is prosecuted, from testifying against
an executor or administrator or other representative
of the deceased person, or against person of
unsound mind, upon a claim or demand against the
estate of such deceased person or against such
person of unsound mind, on any matter of fact
occurring before the death of such deceased person
or before such person became of unsound mind.
a. Disqualification by reason of
death or insanity of adverse party (Dead Man rule).
b. Declaration against interest (Dead
man’s statute)
c. Disqualification by reason of
privilege communication
d. Admission by privies
33. Which of the following persons are covered by
Disqualification by reason of privileged
communication?
a. Husband and wife, during or after
the marriage, as to any communication received in
confidence by one from another during the marriage.
b. Attorney-client, on any
communication made by the client to him, or his
advice given in view of the professional employment
nor an attorney’s secretary, stenographer, or clerk be
examined.
c. Physician-patient, to any advice or
treatment given by him or any information acquired in
attending to such patient in a professional capacity,
and which would blacken the reputation of the
patient.
d. Priest –confessant, as to any
confessional character in the course of the discipline
enjoined by the church to which the minister or priest
belongs.
e. A public officer, during his term of
office or afterwards, as to communications made to
him in official confidence, when the court finds that
the public interest would suffer by the disclosure.
f. All of these
34. R.A. 1405 is the law which prohibits the
disclosure or examination of bank deposits. As a
general rule bank deposits are absolutely confidential
in nature and may not examined or inquired or looked
into by any person or government officials, EXCEPT:
a. upon written permission of the
depositor.
b. in cases of impeachment.
c. upon order of competent court in
cases of briber, dereliction of duty of public officials.
d. in case where the money
deposited or invested is the subject matter of
litigation.
e. in cases of unexplained wealth.
f. All of These
35. No person may be compelled to testify against his
parents, other direct ascendants, children or other
direct descendants. This is embodied under what
principle?
a. Parental and filial privilege.
c. declaration against common reputation
b. declaration against pedigree
d. res inter alois acta rule
36. Are those made by a party against himself as to
relevant fact and are admissible in evidence against
him.
a. admission c.
self –serving statement
b. confession d.
declaration against interest
37. An offer of compromise is considered not an
admission of any liability and is not admissible in
evidence against the offeror on the following case,
EXCEPT.
a. In civil cases
b. Those arising from criminal negligence
(quasi-offense)
c. An offer to pay or the payment of medical,
hospital or other expenses occasioned by an injury.
d. In criminal cases
38. A plea of guilty later withdrawn, or an unaccepted
offer of a plea of guilty to a lesser offense is_____?
a. not admissible in evidence against the
accused who made the plea of offer.
b. admissible in evidence against the
accused who made the plea of offer
 c. shall not be considered an plea
d. will be considered a plea of not guilty
39. The rights of a party cannot be prejudiced by an
act, declaration, or omission of another, except as
provided by the rules of court.
a. Res inter alios acta rule
b. admission by co-partner
c. admission by co-conspirator
d. admission by silence of a person for not
doing or saying anything when an act or declaration
is said against him in his presence.
40. The following are the requirements in determining
child’s competency as a witness EXCEPT:
a. capacity of Observation
c. capacity of Communication
b. capacity of Recollection
d. capacity to Comprehend
41. The following are requisites of admission by co-
partners or agent, EXCEPT:
a. the partnership or agency is proved by
evidence other than the act or declaration.
b. the act of declaration of a partner or agent
of the party is done within the scope of his authority.
c. he made the act or declaration during the
existence of the partnership of declaration.
d. none of these
42. The following are the requisites for the admission
by conspirator, EXCEPT:
a. That the conspiracy be first proved by
evidence other than the admission itself.
b. That the admission relates to the common
object.
c. That it has been made while the declarant
was engaged in carrying out the conspiracy.
d. That several admission has been made
with the same offense without the possibility of
collision.
43. Where several extrajudicial confessions had been
made by several person charged with the same
offense and without the possibility of collision among
them, the fact that the statements are in all respects
identical is confirmatory of the confessions of the co-
defendants and are admissible against the other
persons implicated therein.
a. interlocking confessions
c. res inter alios acta rule
b. admission by privies
d. confession by co-defendant
44. An act or declaration made in the presence and
within the hearing or observation of a party who does
or says nothing when the act or declaration is such
as to call for action or comment if not true, and when
proper and possible for him to do so, may be given in
evidence against him.
a. admission by silence
c. confession
b. admission by co-conspirator
d. admission by privies
45. A declaration made voluntarily and without
compulsion or inducement by a person, stating or
acknowledging his guilt of the offense charged, or
participated in the commission of the crime.
a. confession
c. admission
b. extra-judicial confession
d. extra-judicial admission
46. Which of the following is not part of custodial
investigation.
a. extra-judicial admission
c. extra-judicial admission
b. re-enactment d.
police line-up
47. In order for a confession made by a suspect or
accused under custodial investigation, to be
admissible in evidence against him, must comply with
the following requirements:
a. It must be made voluntary
b. it must be made with the assistance of
competent and independent counsel.
c. It must be express and categorical
d. It must be in writing and in the language
known to and understood by the confessant
e. it must be signed, or is the confessant
does not know how to read and write, thumbmarked
by him.
f. all of these
48. Which of the following is the Hearsay evidence
rule?
a. That a witness can testify only to those
facts which he knows of his personal knowledge; that
ism which are derived from his own perception .
b. hearsay evidence is not acceptable as
evidence in court
c. Hearsay evidence is evidence given in the
authority of another person.
d. hearsay evidence is evidence with respect
to facts of which the witness has no personal
knowledge because it is derived from the knowledge
or perception of others who are not called to testify.