CRIMINAL JURISPRUDENCE

Badong, with evident premeditation and treachery killed his father. What was the crime
committed? Parricide
PO3 Bagsik entered the dwelling of Totoy against the Latter’s will on suspicion that
Totoy keep unlicensed firearms in his home. What was the crime committed by PO3
Bagsik? Violation of Domicide
Berung and betang had been married for more than six months. They live together with
the children of betang from her first husband. Berung had sexual relationship with bea,
the 14 year old daughter of betang. Bea love berung very much. What was the crime
committed by berung. If any? Qualified seduction
Prof. juan gave a failing grade to one of his students, sixltto. When the two met the
following day, sixto slapped prof. juan on the face. What was the crime committed by
sixto? Direct assault
A warrant of arrest was issued against pekto for the killing of his parents. When the two
po2 tapang tried to arrest him, pekto gave him 1 million pesos to set him free po2
tapang refrained in arresting pekto. What was the crime committed by po2 tapang?
Qualified bribery
Exemption to the hearsay rule made under the consciousness of an impending death.
Dead man statute
The meaning of factum probans. Evidentiary fact
It refers to family history or descent transmitted from one generation to another.
Pedigreee
The authority of the court to take cognizance of the case in the first instance. Original
jurisdiction
A person designated by the court to assist destitute litigants. Counsel de officio
Which of the following is not covered by the rules on summary procedure? The penalty
is more than six months of imprisonment
It refers to a territorial unit where the power of the court is to be exercised. Venue
The anti-bouncing check law. BP 22
The taking of another person’s personal property, with intent to gain, by means of force
and intimidation. Robbery
Felony committed when a person compels another by means of force, violence or
intimidation to do something against his will, whether right or wrong. Grave coercion
Persons having no apparent means of subsistence but has the physical ability to work
and neglect to apply himself or herself to lawful calling. Vagrants
A medley of discordant voices, a mock serenade of discordant noises designed to
annoy and insult. Charivari
The unauthorized act of a public officer who compels another person to change his
residence. Expulsion
The deprivation of a private person of the liberty of another person without legal
grounds. Illegal detention
An offense committed by a married woman through carnal knowledge with a man not
her husband who knows her to be married, although the marriage be later declared
void. Adultery
Age of absolute responsibility in the commission of a crime. 9 years old and below
Those who, not being principals cooperates in the execution of the offense by previous
or simultaneous acts. Accomplices
The loss or forfeiture of the right of the government to execute the final sentence after
the lapse of a certain time fixed by law. Prescription of penalty
A kind of executive clemency whereby the execution of penalty is suspended. Reprieve
Infractions of mere rules of convenience designed to secure a more orderly regulation of
the affairs of the society. Mala prohibita
Felony committed by a public officer who agrees to commit an act in consideration of a
gift and this act is connected with the discharge of his public duties. Direct bribery
The wilful and corrupt assertion of falsehood under oath of affirmation, administered by
authority of law on a material matter. Perjury
Deliberate planning of act before execution. Evident premeditation
Whenever more than 3 armed malefactors shall have acted together in the commission
of a crime. Band
The failure to perform a positive duty which one is bound to. Omission
Ways and means are employed for the purpose of trapping and capturing the law
breaker in the execution of his criminal plan. Inducement
Those where the act committed is a crime but for reason of public policy and sentiment
there is no penalty imposed. Absolutory causes
An alternative circumstances. Intoxication
If the accused refuse to plead, or make conditional plea of guilty, what shall be entered
for him? A plea of not guilty
At what time may the accused move to quash the complaint or information. Any time
before entering his plea
The process whereby the accused and the prosecutor in a criminal case work out a
mutually satisfactory disposition on the case subject to court approval. Plea bargaining
The security given for the release of a person in custody, furnished by him or a
bondsman, conditioned upon his appearance before any court as required under the
conditions specified by law. Bail
The examination before a competent tribunal, according to the laws of the land, of the
acts in issue in a case, for the purpose of determining such issue. Trial
The adjudication by the court that the accused is guilty or is not guilty of the offense
charged, and the imposition of the proper penalty and civil liability provided for by law on
the accused. Judgment
It is an inquiry or proceeding for the purpose of determining whether there is sufficient
ground to engender a well-founded belief that an offense has been committed and the
offender is probably guilty thereof and should be held for trial. Preliminary investigation
It is evidence of the same kind and to the same state of facts. Corroborative evidence
It is that which, standing alone, unexplained or uncontradicted is sufficient to maintain
the proposition affirmed. Prima facie evidence
A form of evidence supplied by written instruments or derived from conventional
symbols, such as letters, by which ideas are represented on material substances.
Documentary evidence
When the witness states that he did not see or know the occurrence of a fact. Negative
evidence
Personal property that can be subjects for search and seizure. Used or intended to be
used as means in committing an offense. Stolen or embezzled and other proceeds or
fruits of the offense. Subject of the offense. All of the above.
All persons who can perceive and perceiving, can make known their perception to
others. Witnesses
The unlawful destruction, or the bringing forth prematurely, of human fetus before the
natural time of birth which results in death. Abortion
Felony committed when a person is killed or wounded during the confusion attendant to
a quarrel among several persons not organized into groups and the parties responsible
cannot be ascertained. Tumultuous affray
A question which arises in a case the resolution of which is the logical antecedent of the
issue involved in said case and the cognizance of which pertains to another tribunal.
Prejudicial question
The offender has been previously punished for an offense to which the law attaches an
equal or greater penalty or two or more crimes to which attaches a lighter penalty.
Reiteration
An act or omission which is a result of a misapprehension of facts that is voluntary but
not intentional. Mistake of facts
Infanticide is committed by killing a child not more than. 72 hours
Ignorance of the law excuses no one from compliance therewith. Ignorantia legis non
excusat
An act which would be an offense against persons or property was if not for the inherent
impossibility of its accomplishment. Impossible crime
The law which reimposed the death penalty. RA 7659
One who is deprived completely of reason or discernment and freedom of the will at the
time of commission of the crime? Imbecility
The quality by which an act may be subscribed to a person as its owner or author.
Imputability
Something that happen outside the away of our will, and although it comes about
through some acts of our will, lies beyond the bounds of humanly foreseeable
consequences. Accident
A sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer or other public officer charged with the enforcement of
the law violated. Complaint
This right of the accused is founded on the principle of justice and is intended not to
protect the guilty but to prevent as far as human agencies can, the conviction of an
innocent person. Presumption of an innocence
Known in other countries as the body of principles, practices, usages and rules of action
which are not recognized in our country. Common laws
Circumstances wherein there is an absence in the agent of the crime any of all the
conditions that would make an act voluntary and hence, though there is no criminal
liability there is civil liability. Exempting
Circumstances wherein the acts of the person are in accordance with the law, and
hence, he incurs no criminal and civil liability. Justifying
When the offender enjoys and delights in making his victim suffer slowly and gradually
causing him unnecessary physical pain in the consummation of the criminal act. Cruelty
One, who at the time of his trial for one crime shall have been previously convicted by
final judgment of another crime embraced in the same title of the Revised Penal Code.
Recidivism
Aleviosa means. Treachery
The law hears before it condemns, proceeds upon inquiry and render judgment after a
fair trial. Due process of law
A person if within a period of 10 yrs. from the date of his release or last conviction of the
crime of serious or less serious physical injuries, robbery, theft, estafa or falsification, he
is found guilty of any of the said crimes a third time or oftener. Habitual delinquent
A kind of evidence which cannot be rebutted or overcome. Conclusive
These questions suggest to the witness the answers to which an examining party
requires. Leading
A method fixed by law for the apprehension and prosecution of persons alleged to have
committed a crime, and for their punishment in case of conviction. Criminal procedure
The period of prescription of crimes punishable by death. 20 years
Persons who take direct part in the execution of a crime. Principals
A crime against honor which is committed by performing any act which casts dishonor,
discredit, or contempt upon another person. Slander by deed
The improper performance of some act which might lawfully be done. Misfeasance
A sworn statement in writing, made upon oath before an authorized magistrate or
officer. Affidavit
Any other name which a person publicity applies to himself without authority of law.
Alias
A special aggravating circumstances where a person, after having been convicted by
final judgment, shall commit a new felony before beginning to serve such sentence, or
while serving the same. Quasi-recidivism
Which of the following is not a person in authority. Police officer
In its general sense, it is the raising of commotions or disturbances in the state. Sedition
The length of validity of a search warrant from its date. 10 days
The detention of a person without legal grounds by a public officer or employee.
Arbitrary detention
A breach of allegiance to a government, committed by a person who owes allegiance to
it. Treason
A building or structure, exclusively used for rest and comfort. Dwelling
The mental capacity to understand the difference between right and wrong.
Discernment
Conspiracy to commit this felony is punishable under the law. Rebellion
It means that the resulting injury is greater than that which is intended. Praeter
intentionem
It means mistake in the blow. Aberratio ictus
A stage of execution when all the elements necessary for its execution and
accomplishment are present. Consummated
An act or omission which is the result of a misapprehension of facts that voluntary but
not intentional. Mistake of facts
Crimes that have three stages of execution. Material
Felonies where the acts or omissions of the offender are malicious. Culpable
It indicate deficiency of perception. Negligence
Acts and omissions punishable by special penal laws. Offenses
A character of criminal law, making it binding upon all persons who live or sojourn in the
Philippines. General
A legislative act which inflicts punishment without judicial trial. Bill of attainder
The taking of a person in a custody in order that he may bound to commission of an
offense. Arrest
Pedro stole the cow of Juan. What was the crime committed? Qualified theft
Pedro, a 19 year old man had sexual intercourse with her 11 year old girlfriend without
threat, force or intimidation. What was the crime committed? Statutory rape.
1. The SC ruled the illegally obtained evidence is inadmissible in state
    criminal prosecutions in the famous case of
       A. Miranda vs Arizona
       B. Otit vs Jeff
       C. Mapp vs Ohio
       D. Milkey vs Wett  

2. It is defined as a remedy or process by which a child born out of

    lawful wedlock and are therefore considered illegitimate are by
    fiction   of law considered by subsequent valid marriage of the
    parents.
       A. Adoption
       B. Legitimation
       C. Foster parenting
       D. Naturalization  

3. What is the Latin term for criminal intent?

       A. Mens Rea
       B. Magna Culpa
       C. Inflagrante Delicto
       D. Mala Vise   

4. What should be conducted in order to determine whether a case

    falls under the jurisdiction of the regional Trial Court?
       A. Inquest proceeding
       B. Preliminary conference
       C. Preliminary investigation
       D. Search and Seizure  

5. For offense falling under the jurisdiction of Municipal Trial Courts

    and Municipal Circuit trial courts, prosecution is instituted

 A. By filling a compliant with the Regional Trial Court

       B. By filing a complaint directly with the court
       C. By filling a complaint with the chief of Police in the
           municipality
       D. By filling a complaint with the fiscal for preliminary
           investigation  

6. Intervention of the offended party in the criminal action is not

    allowed in the following instances EXCEPT:
       A. when he has not waived the civil action
       B. when he has file the civil action ahead of the criminal
       C. when he has expressly reserved the right to institute
            the civil action separately
       D. when he has waived the civil action  

7. The place of trial for a criminal action is cited

       A. territory
       B. action
       C. jurisdiction
       D. venue   

8. The primary purpose of bail is

       A. to protect the accused rights
       B. to keep the accused in jail until trial
       C. to punish the accused for the crime
       D. to release the accused   

9. The authority of the court to take cognizance of a case in the

    first instance is known as:
       A. original jurisdiction
       B. appellate jurisdiction
       C. general jurisdiction
       D. delegated jurisdiction  

10. "A" stabbed "B". "A" brought "B" to a hospital for medical
     treatment.Had it not been the timely medical attendance. "B"
     would have died.This is a case of
       A. a physical injury
       B. an attempted felony
       C. a consummated felony
       D. a frustrated felony  

11. A person undergoing criminal investigation enjoys his three

     constitutional rights such as
       A. the right to oppose whatever the accusation on him
       B. the right to plea guilty and not guilty
       C. the right to oppose whatever accusation or him based on his
           constitutional right
       D. the right to remain silent, the right to counsel, the right to be
           informed of the nature of the accusation   

12. Evidence is admissible when it is relevant to the issue and is

     not excluded by the rules on
       A. Real evidence
       B. Secondary evidence
       C. Admissibility of evidence
       D. Relevancy of evidence   

13. What is the sworn written statement charging a person with an

     offense, subscribed by the offended party, any peace officer or
     other  employee of the government or government institution in
     change of the enforcement or execution of the law violated?
       A. Deposition
       B. Complaint
14. Trial is allowed only after arraignment and the accused may waive
     his right to appear at the trial except when his presence is required for purposes of
identification. This is the principle of trial
     in __.
       A. Substitution
       B. Absentia
       C. Re-assignment
       D. Ordeal  

15. A public officer or employee when NOT being authorized by

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

16. Intoxication when considered under the law is considered

       A. Alternative Circumstance
       B. Maladaptive Behavior
       C. Delinquent act
       D. Anti social Behavior   

17. The adjudication by the court that the defendant is guilty or is

     not guilty of the offense charged and the imposition of the
     penalty provided  by law on the defendant who pleads or is found
     guilty thereof
       A. judgment
       B. false informant
       C. information
       D. admission   

18. Is that which is not excluded by the law as tending to prove

      a fact in issue
       A. material evidence
       B. relevant evidence
       C. direct evidence
       D. competent evidence   

19. Any private person who shall enter the dwelling of another
     against the will of the latter
       A. none of these
       B. trespassing to dwelling
       C. light threats
       D. usurpation   

20. Are those acts and omissions committed not only by means of
     deceit, but also by means of fault and are punishable by law.
       A. Justifying circumstances
       B. Felonies
       C. Exempting circumstances
       D. Attempted felony   

21. Is committed whenever the offender commences the commission

     of a crime directly by overt acts but does not perform all the acts
     of execution which should produce the felony as a consequence
     by reason of some cause or accident other than his own
     spontaneous desistance.
       A. Frustrated felony
       B. Attempted felony
       C. Consummated felony
       D. Felony   

22. Are those crimes committed against individuals, particularly

     against their chastity, but which do not produce danger or
     prejudice common to other members of society.
       A. Private crimes
       B. Public crimes
       C. Felony
       D. Infractions    

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

24. One of the characteristics of criminal law, where penal laws do

     not have retroactive effect, except in cases where they favor the
     accused charged with felony and who are not habitual criminals.
       A. Retrospective
       B. General
       C. Territorial
       D. All of the foregoing   

25. A theory underlying the system of our criminal law, of which

     Rafael Garafalo and Enrico Ferri, including Dr. Cesare Lombroso,
     were the greatest exponents, that crime is considered as
     essentially asocial and natural phenomenon.
       A. Juristic or classical theory
       B. Positivist or realistic theory
       C. Punitive theory
       D. Non- punitive theory   
26. It is the Latin term referring to "caught in the act" of performing a
      crime.
       A. Nullum Crimen
       B. Dura lex sed lex
       C. Ignorancia lex excusat
       D. none of these  

27. Any act committed or omitted in violation of a public law

     forbidding or commanding it.
       A. legal act
       B. Crime
       C. Poena
       D. Punishment   

28. A rule of conduct, just, obligatory, enacted by legitimate

     authority  for the common observance and benefit.
       A. Regulation
       B. City Ordinance
       C. Law
       D. Lawful Act    

29. The Latin term POENA means:

       A. Penalty
       B. Pain
       C. Punishment
       D. Police   

1. Where the evidence gives rise to two probabilities, one consistent with defendant’s innocence, and
another indicative of his guilt, that which is favorable to the accused should be considered.
A. Equipoise rule C. Probable cause
B. Right against self- incrimination D. Burden of evidence

2. It is a deduction which reason draws from facts proved without an express direction from the law
to that effect.
A. Examination in chief C. Estoppel by deed
B. Misleading questions D. Presumption hominis

3. It is the degree of proof required in a Criminal Case to secure conviction.

A. Substantial evidence C. Preponderance of evidence
B. Presumption D. Proof beyond reasonable doubt

4. An interrogation which suggests to the witness the answer which the examining party desires, and
which is commonly answerable by a ‘Yes” or a ‘No’.
A. Disputable presumption C. Examination in chief
B. Leading questions D. Misleading questions
5. It is a logical necessity on a party during a particular time of the trial to create a prima facie case in
his favor or to destroy that created against him by presenting evidence.
A. Conclusive presumption C. Burden of evidence
B. Risk of non-persuasion D. Estoppel in pais

6. It is the degree of proof required in Administrative case to get a favorable decision.

A. Preponderance of evidence C. Proof beyond reasonable doubt
B. Presumption D. Substantial evidence

7. It refers to the constitutional protection for a witness not to give an answer which will tend to
subject him to a penalty for an offense.
A. Right against self- incrimination C. Presumption hominis
B. Probable cause D. Estoppel by deed

8. It is the degree of proof required during preliminary investigation to elevate the Criminal
Information to the court.
A. Right against self- incrimination C. Presumption hominis
B. Probable cause D. Estoppel by deed

9. It is another term for direct examination given by a witness of the party presenting him on the facts
relevant to the issue.
A. Examination in chief C. Proof beyond reasonable doubt
B. Misleading questions D. Substantial evidence

10. It refers to the duty of a party to present evidence on the facts in issue necessary to establish his
claim or defense by the amount of evidence required by law.
A. Disputable presumption C. Conclusive presumption
B. Leading questions D. Risk of non-persuasion

11. The tenant is not permitted to deny the title of his landlord at the time of commencement of the
relation of landlord and tenant between them.
A. Presumption hominis C. Estoppel by deed
B. Proof beyond reasonable doubt D. Substantial evidence

12. It is an inference as to the existence or non-existence of a fact which courts are permitted to draw
from the proof of other facts.
A. Estoppel in pais C. Presumption
B. Presumption hominis D. Examination in chief

13. How does one offer a Testimonial evidence in court?

 A. In writing, before the witness is summoned to testify in court
B. Orally, immediately after the witness takes that witness stand
C. In writing, after the party has presented all his evidence
D. Orally, before the witness terminates his testimony

14. Documents to be presented and identified in court as evidence, cannot be admitted unless written
or translated in the official language, that is:
A. Visayan, Tagalog and English C. English only
B. Tagalog and English D. Tagalog only

15. Which of the following is not an element of a Circumstantial evidence sufficient for conviction?
A. There is more than one circumstance
B. The facts from which the inferences are derived are proven
C. The identity of the accused is known
D. The combination of all the circumstances is such as to produce a conviction beyond reasonable
doubt.

16. The following are public documents, except:

A. Documents acknowledge before a notary public
B. Private documents entered in public records and kept in the Philippines
C. Notarized last wills and testaments
D. The written official acts of public officers, whether of the Philippines

17. Documentary and object evidence shall be offered

A. In writing, before the trial actually commences
B. Orally, immediately after they are identified in open court
C. Orally, before the witness takes that witness stand
D. Orally, after the presentation of all the party's testimonial evidence.

18. A private document in the custody of the executor, and no apparent alterations made thereon, no
other evidence of its authenticity need be presented when the document is:
A. More than 30 years old C. More than 50 years old
B. Less than 30 years old D. Less than 50 years old.

19. The answer of a witness who testified in court cannot be stricken off the records when:
A. when the witness answered the question before the counsel has a chance to object
B. where a witness answered questions on clarification.
C. Where a witness testifies beyond the prescribed limit set by the court
D. When a witness who already testified before he is cross-examined by the other party.

20. Among the following persons, who cannot prove due execution and authenticity of a private
document?
A. Anyone who is in possession of said document for a long period of time.
B. One who was informed of its authenticity and due execution
C. Someone who personally saw the document after its execution.
D. Anyone who saw the document executed or written
21. It refers to the relationship, family genealogy, birth, marriage, death, the dates when, and the place
where these facts occurred and the names of relatives and family history.
A. Privies B. Res gestae C. Pedigree D. Filial privilege

22. A principle in law which provides that an offer to pay or the payment of medical, hospital or other
expenses occasioned by an injury is not admissible in evidence as proof of civil or criminal liability
for the injury.
A. Privilege communication rule c. Presumption of innocence rule
B. Good faith rule d. Good Samaritan Rule

23. A legal requirement in evidence which requires every person who possessed the object since it was
first recognized as being relevant to the case, must explain what he did with it.
A. chain of custody method of authentication D. Independent relevant statement
B. Recipient’s duty rule C. conspiracy

24. He is one who testifies to what he has seen or heard, or otherwise observed.
A. Complainant B. witness C. Respondent D. defendant

25. It is a court process served upon a witness to compel him to appear and testify in court.
A. Subpoena B. Arrest warrant C. Search warrant D. Writ of execution

26. It refers to several separate statements given by conspirators where the facts stated in said
admission are confirmed in the individual extrajudicial confessions made by them after their
apprehension.
A. interlocking confessions C. Interconnection conspiracy
B. Interlocking admission D. Common confession

27. It refers to a witness’ duty to testify in court.

A. Appearance duty B. In-court duty C. testimonial duty D. Summary duty

28. It is the other name for Survivorship Disqualification Rule.

A. Law on sealed lips of the dead C. Waived testimony rule
B. dead man statute D. Buried testimonial bar

29. It exists when two or more persons come to an agreement concerning the commission of a felony
and decide to commit it. It exists if, at the time of the commission of the offense, the accused had
the same purpose and were united in its execution.
A. conspiracy B. Band C. Group D. Consensual contract

30. It refers to something in which the community at large has some pecuniary interest by which their
legal rights or liabilities are affected.
A. Similar acts B. Common interest C. public interest D. Group interest

31. It refers to the other name for Ordinary Opinion Evidence

A. Proffer of evidence. C. Spousal immunity
B. Dead man statute D. Conclusions of non-experts
32. No person may be compelled to testify against his parents, other direct ascendants, children or
other direct descendants.
A. Privies B. Res gestae C. Filial privilege D. Pedigree

33. It is another name for disqualification of either the husband nor the wife to testify during the
marriage to testify for or against the other without the consent of the affected spouse.
A. Spousal immunity C. Privies
B. Marital privilege rule D. Proffer of evidence

34. It provides that the husband or the wife, during or after the marriage, cannot be examined without
the consent of the other as to any communication received in confidence by one from the other
during the marriage.
A. Spousal immunity C. Marital privilege rule
B. Privies D. Proffer of evidence

35. Statements made by a person while a startling occurrence is taking place or immediately prior or
subsequent thereto with respect to the circumstances thereof.
A. Interlocking confessions C. Hearsay evidence rule
B. Res gestae D. Independent relevant statement

36. An agency mandated to promote police co-operation in all cases of international crime except those of
political, military, religious or racial character.
A. INTERPOL D. International Red Cross
B. United Nation E. Geneva Conventions
C. Commission on Human
37. This type of society has not only codified laws but also laws that prescribe good behavior and a specialized
police system and principle based system of punishment, being followed by England and the US:
A. Bureaucratic society C. Folk-communal society
B. Urban-industrial society D. Post-modern society

38. The theory of comparative policing that sees problem as society is becoming too complex.
A. Deprivation theory C. Opportunity theory
B. Demographic theory D. Modernization theory

39. Pertains to all those forms of policing that in some sense, transgress national borders.
A. Global policing C. Preventive policing
B. International policing D. Transnational policing

40. Process of outlining the similarities and differences of one police system to another in order to discover
insights in the field of international policing.
A. Comparative C. Police Comparative System
B. System D. Policing

41. They are responsible in enforcing law within the whole country of USA including outside boarders.
A. Federal Police B. FBI C. State Police D. Sherriff
42. This form of policing introduced in i980’s suggesting that police should pay greater attention to minor quality
of life offenses and disorderly conduct. This was first introduced and made popular by New York City
Mayor Rudy Giuliani in the early 1990s.
A. Community oriented policing C. Problem- oriented policing
B. Intelligence- led policing D. Broken windows policing

43. INTERPOL is the largest international police organization in the world, with National Central Bureaus in 190
member countries, which is located in?
A. Lyon, France B. California, USA C. Philadelphia D. Paris

44. The Organization known simply as Interpol is the?

A. International Police Association C. International Criminal Police Organization
B. Association of Chief of Police D. None of the Above
45. What is the highest police rank in Hongkong?
A. Commissioner General C. Director General
B. Commissioner of Police D. Inspector General

46. Elected by the General Assembly, It is headed by the President of the Interpol. It provides guidance
and direction to the Organization and oversees the implementation of decisions made at the annual
General Assembly.
A. General Assembly   C. Executive Committee
B. General Secretariat D. National Central Bureaus

47. Interpol seek to forge ties with all international bodies, governmental authorities and non
governmental organization whose mission to fight crime and protect the public safety of which they
sign the cooperation agreements which aims to?
A. To ensure that expertise and information are shared
B. That resources are not wasted or efforts duplicated
C. That all organizations with a stake in the fight against international crime are able exploit their
comparative advantage
D. All of these are the aims of Interpol

48. Judicial procuratorates police, escort suspects in cases investigated by the procuratorates.
Procuratorates is equivalent to?
A. Jail Officer in the Philippines C. Correction Officer in the Philippines
B. Police Officer in the Philippines D. Prosecutor in the Philippines

49. The INTERPOL’s emblem is represented by what elements?

A. Globe, sword, olive branches, abbreviation of OIPC-ICPO and scales
B. Globe, Olive branches, the INTERPOL’s name, vertical sword, abbreviations o OICP-ICPO and
scales
C. Globe, sword, lightning, olive branch and blue background
 D. Blue back ground, emblem at the center and lightning and the four corner
50. The head of National Police Agency of Japan?
A. Commissioner General C. Prime Minister
B. Safety Commissioner D. Police Administrator
51. Notices are warning system, that allow Police around the world to share critical crime-related
information such information concerning individuals wanted for serious crimes, missing persons,
unidentified bodies, possible threats and criminals’ modus operandi. Example of these are the color
coded notices such as red, purple, black, orange, green, and blue. Red notice is for?
A. to provide warnings and criminal intelligence about persons who have committed criminal
offences and are likely to repeat these crimes in other countries
B. to collect additional information about a person’s identity or illegal activities in relation to a
crime
C. to seek the arrest or provisional arrest of wanted persons with a view to extradition
D. to help locate missing persons
52. In United states who appoints the sheriff?
A. Head of the state B. People C. Mayor D. FBI
53. The state of police is headed by a commissioner or superintendent. The state police officers are known as?
A. Agent B. Sheriff C. Troopers D. Police
54. One of the bureaus of National Police Agency of Japan that conducts research on equipment and tactics for
suppressing riots and oversaw and coordinates activities of the riot police.
A. Police Administration Bureau C. Criminal Investigation Bureau
B. Traffic Bureau D. Security Bureau
55. Police Task Force is an effective ground response force to serious incidents such as major disasters,
firearm situations and riots. A policing system in?
A. Hongkong B. Singapore C. China D. Japan
56. It is considered the lifeblood of INTERPOL because it contributes to the criminal databases and
cooperating together on cross-border investigations, operations and arrests.
A. General Assembly   C. Executive Committee
B. General Secretariat   D. National Central Bureaus
57. Core function of Interpol which is focused on members’ effectiveness and efficiency and continue
to evolve as a priority among its core function.
A. Division of Criminal Intelligence analysis C. Operational Police Support Services
B. Secure Global Police Communication Services D. Police Training and Development
58. It is the Interpol's supreme governing body. It meets annually to take all important decisions
related to policy, resources, working methods, finances, activities and programmes.
A. General Assembly C. Executive Committee
B. General Secretariat D. National Central Bureaus
59. What is globalization?
A. Is a process of interaction and integration among the people, companies, and governments of
different nations,
B. A process driven by international trade and investment and aided by information technology.
C. A process that has effects on the environment, on culture, on political systems, on economic
development and prosperity, and on human physical well-being in societies around the world.
D. All of these
60. Globalization has caused unprecedented amount of migration from the least developed country
such as Asia, Africa and Latin America, people smuggling differs from human trafficking. Which of
the following statement is the distinction between the two?
A. There is a huge profit in people smuggling compared to human trafficking
B. The individual pay the smuggler to gain a living while in human smuggling victims were offered a
better life
C. The individuals who pay smuggler in order to gain illegal entry to a country do so voluntarily
whereas the victims of human trafficking are often duped or forced into entering another
country.
D. There high profit in human trafficking and low investigation rate in people smuggling

1. Through violence and intimidation, the strikers prevented the non-participating

workers from entering the premises of the company. What is the crime
committed?
A. Light coercion C. Grave threat
B. Grave Coercion D. None of these
2. The camera man went to the stage where the girl was dancing and mashed her
breast and some private parts of her body. His motive is lewd, to derive pleasure.
What crime was committed?
A. Slander by Deed C. Acts of Lasciviousness
B. Unjust Vexation D. Not criminally liable
3. 34. If murder is committed with the use of unlicensed firearms, should the used of
unlicensed firearms be treated as a separate crime?
A. Yes, because they are punishable under different laws
B. Yes, because the two crimes are separate and distinct from each other
C. No, because the used of unlicensed firearms is absorbed in murder
D. No, because the use of unlicensed firearms will be treated as
aggravating circumstances
4. The victim was detained for 2 days and the kidnapper demanded ransom but on
the same day the victim was rescued by the police. The crime committed is:
A. Slight illegal detention C. Kidnapping and serious illegal detention
B. Frustrated kidnapping D. none of these
5. A man forced his wat to another’s dwelling. The crime committed is:
A. Trespass to dwelling C. Qualified trespass to dwelling
B. Violation of domicile D. not criminally liable
6. A married man has a date with a woman who is not his wife. But the wife
followed and surprised them inside the hotel room. Did the husband commit
concubinage?
A. No, because sexual intercourse is not under scandalous circumstance.
B. No, because the husband did not cohabit with the woman
C. No, because the husband did not bring the woman in the conjugal dwelling
D. All of them are correct.
7. Jimmy attempting to overtake another vehicle hit another car damaging the
same, he is liable for?
A. Gross negligence
B. Malicious mischief
 C. Damage to property through negligence
D. None of the above

8. Miriam left her .45 caliber at the table after cleaning it, her maid’s son was able to
get hold of it and played with it, the accidental discharged killed the boy, Miriam
may be held legally responsible for __?
A. Homicide
B. Homicide through reckless imprudence
C. Homicide through reckless negligence
D. None of the foregoing

9. Dennis went out hunting with some friends, while hunting at night he shot dead
his companion Mike in the belief that he was a boar. What is his criminal
liability?
A. Murder
B. Homicide
C. Homicide through gross negligence
D. Homicide through reckless imprudence

10. Jong was not aware that his car brakes were defective, while cruising along
Tomas Morato Avenue, a boy crossed the street, Jong was unable to stop his car
in time, hitting the child and causing serious physical injuries. Jong is liable for
___?
A. Frustrated homicide
B. Physical injuries through negligence
C. Physical injuries through imprudence
D. None of the foregoing

11. PO2 San Jose while engaged in hot pursuit, fired his pistol in the air as a warning
shot but instead killing a bystander. He is liable for ___?
A. Homicide
B. Physical injuries through negligence
C. Physical injuries through imprudence
D. None of the foregoing

12. SOP4 Jaen arrested Mr. Tucay due to attempted homicide committed while in his
presence, he is to deliver the apprehended person to proper judicial authorities
within a period not exceeding?
A. 12 hours C. 36 hours
B. 24 hours D. 48 hours
13. While conducting their nightly patrol, a PNP member arrested 6 persons involved
in a brawl, Art. 125 would prescribe that they should deliver those detained within
how many hours to proper judicial authorities?
A. 12 hours C. 36 hours
B. 24 hours D. 48 hours

14. After losing in hotly contested election, Mr. X ordered his men to use arms to
assault and prevent the elected official from the discharge of his duties, Mr. X
may be liable for __?
A. Rebellion C. Coup d’etat
B. Sedition D. Insurgency

15. While armed with a valid search warrant legally obtained, P/Insp. Chicano
conducted the search by themselves in the location specified but without the
owner of the domicile or any other person. What crime was committed?
A. Searching domicile without witnesses
B. Violation of domicile
C. Illegal search
D. None of the foregoing

16. Mr. A killed mayor Y while the later is in the discharge of his official duty,, Mr. A
may be charged with ___?
A. Murder
B. Direct assault
C. Homicide
D. Direct assault with murder

17. Jimboy a public school teacher, while eating in a local restaurant was at the
same time encoding the grades, Carling a former student who was given a failing
grade by Jimboy saw him and punched him in the stomach. Carling may be held
liable for __?
A. Physical injuries C. Direct Assault
B. Unjust vexation D. Indirect Assault

18. A local sheriff while trying to enforce an eviction order was stabbed at the back
by Mr. H killing him in the process, the former is liable for ___?
A. Homicide
B. Direct assault
C. Murder
D. Direct assault with murder
19. Who among the following may not considered as a person in authority?
A. Teacher B. Nurse C. Municipal Mayor D. Policemen

20. Allan together with his friends scattered human excrements on the stairs and
doors of their schools may be held liable for ___?
A. Malicious mischief C. Other mischief under Art.
329
B. Grave Scandal D. Unjust vexation

21. Zoilo punched his friend Pol while arguing with the latter, as a result of the blow
three incisors were lost, Zoilo may be held answerable fro __?
A. Physical injuries C. Less serious physical injuries
B. Slight physical injuries D. Serious physical injuries

22. An accused while raping a 21 year old lady stabbed her to death in order to
silence the latter, he may be guilty for ___?
A. Rape B. Rape and homicide C. Murder D. Rape with
homicide

23. A and B after robbing a local 7-11 store killed the store clerk to dispose of any
witnesses. They may be held guilty for ___?
A. Robbery B. Homicide C. Robbery with homicide D. Homicide and
robbery

24. Benny lent his house to be used by his friends as a place of detention, Benny
may be held as a ___?
A. Accessory B. Principal C. Accomplice D. None of
the foregoing

25. Teofila in the effort of trying to convince her co-employee to sell her t-shorts told
them that if they would not sell the goods, they will be suspended from work, she
may be liable for ___?
A. Grave threat B. Grave coercion C. Light threat D. Light
coercion

26. Renato was able to get hold a ladies bag while walking in the crowded street in
Quiapo, however before absconding the crime scene he was caught by an
undercover cop, the crime of theft is _?
 A. Attempted B. Consummated C. Frustrated D. None of
the foregoing

27. Totie shot Jose, his brother in the abdomen, penetrating the latter’s chest and
liver, by reason of prompt medical attention the offended party survived, what
particular crime has been committed by Tottie?
A. Attempted homicide
B. Consummated serious physical injuries
C. Frustrated homicide
D. Frustrated parricide

28. Jules aimed his pistol at his wife, Alexandra with the intention to shoot her, he
then pressed the trigger but it jammed and no bullet was fired, he is liable for
what offense?
A. Attempted murder C. Attempted parricide
B. Frustrated parricide D. Frustrated homicide

29. A truck laoded with stolen boxes of Lacoste T-shirts was on way out of the guard
station at the bodega surrounded by tail fence and high walls when the guard
discovered the boxes on the truck. What crime was committed?

A. Frustrated theft C. Attempted robbery

B. Attempted theft D. Frustrated robbery

30. Ramil intended to kill Dennis by shooting the latter, however, the wound inflicted
did not affect vital organs and only hit the victim’s right arm due to Ramil’s
warning before shooting him, what crime was committed?
A. Frustrated murder
B. Attempted homicide
C. Attempted murder
D. Frustrated homicide

31. It means confinement or restraint upon persons.

A. Arrest B. Abduction C. Kidnapping D. Detention

32. Refers to the obligation of obedience and fidelity which a person owes the
government under which they live, in return for protection they receive.
A. Loyalty B. Sovereignty C. Allegiance D.
Adherence
33. A policeman who arrests a person who was caught in act of punching another
slightly injuring the offended party, the policeman must deliver the detained
person to proper judicial authority within how many hours?
A. 18 hours
B. 12 hours
C. 24 hours
D. 36 hours

34. SPO4 Samson entered the dwelling of Ms. Recto against the latter’s will to
search for unlicensed firearms, he liable for ___?
A. Expulsion
B. Violation of domicile
C. Trespass to dwelling
D. Abuse of authority

35. In Bulacan, rev. Villanueva with intention to perform a religious ceremony, was
prevented by police officers by making actual threats from going to church as a
result the ceremony was not celebrated, the policemen are liable for __?
A. Offending religious feelings C. Interruption or religious worship

B. Slander D. Libel

36. Eddie remarked that the Pope was Satan and that those who believe in him are
demons, he is liable for ___?
A. Libel C. Interruption of religious worshi
B. Slander D. Offending religious feelings

37. Ping a Senator punched Joe a Congressman, the latter filed a criminal charges
against Ping for physical injuries; Ping was arrested by General Beroya while
going to congress for a special session, what crime was committed by arresting
officer?
A. Violation of domicile C. Unlawful arrest
B. Violation on parliamentary immunity D. None of the forgoing

38. Refers to a person directly vested with jurisdiction.

A. Person in authority C. Elected official
B. Public official D. Agents of person in authority
39. PO2 Candelaria asked for assistance while being mobbed for arresting a popular
criminal, three persons assisted him but they were injured in the process, what
crime was committed against the three injured?
A. Direct assault C. Physical injuries
B. Indirect assault D. None of the forgoing

40. A in resistance to a body search laid hands upon a police officer, no apparent
legal basis for the search was given, what crime was committed?
A. Indirect assault
B. Direct assault
C. Resistance and disobedience to a person in authority or the agents of that
person
D. None of the above

41. Refers to the passing of counterfeited coins.

A. Forgery B. Import C. Utter D. Counterfeiting

42. Nannette wrote Ricky’s name on the back of the treasury warrant payable to the
later, as if Ricky has endorsed the check to her, then presented it for payment,
what crime was committed?
A. Counterfeiting B. Import C. Utter D. Forgery

43. Mr. X a government prosecutor accepted a Rolex Watch as a birthday gift from
Mr. Yap, a person accused of homicide; Mr. X is liable for __?
A. Direct bribery B. Corruption C. Indirect bribery D. None the
of foregoing

44. P/Insp. Boy Habagat who refrains from arresting Anjo for committing murder in
exchange for 88, 000 pesos only is guilty of __?
A. Direct bribery C. Corruption C. Indirect bribery D. Qualified
bribery

45. Cathy offered a diamond ring t John a certified public accountant under the
employ of the Bureau of Internal Revenue in exchange for a lower tax. She is
liable for ___?
A. Direct bribery C. Qualified bribery
B. Indirect bribery D. Corruption of public officials

46. Pres. Marcoyo diverted funds allocated for the construction of a national highway
to serve as cash incentives for public school teachers during the elections; the
president may be guilty of _?
 A. Malversation C. Corruption
B. Illegal use of public funds D. Illegal use of public
property

47. SPO3 Ponce inflicted physical injuries on a detainee to obtain relevant

information in the commission of crime, he may be liable for __?
A. Physical injuries C. Misfeasance
B. Maltreatment of prisoners D. Malfeasance

48. Refers to physical ugliness or permanent and definite abnormality.

A. Injury C. Deformity
B. Scar D. All of the foregoing

49. Andy punched Max on the eye produced a contusion, what crime was
committed?
A. Slight physical injuries
B. Serious physical injuries
C. Less serious physical injuries
D. Maltreatment

50. It is a building or structure devoted for comfort or rest.

A. House C. Dwelling place
B. Residence D. Abode

51. Mario haunted and shot down a wild boar inside a private farm owned by Mr.
Amoranto, the former may be liable for __?
A. Theft C. Trespass
B. Robbery D. Qualified theft

52. Mr. J agreed to sell to Mr. G first class rice and received from Mr. G the purchase
price thereof, but Mr. J. Delivered poor quality rice, Mr. J committed __?
A. Estafa C. Abused of confidence
B. Qualified theft D. Estafa

53. Pedro gave Eddie 3,500 pesos for payment of Ralph Blue perfume, however
Eddie did gave Pedro the perfume and instead absconded, what crime was
committed_?
A. Theft C. Estafa

B. Robbery D. Malversation
54. X pawned his car to W, later pretending to have money for redeeming the car, X
asked for it and rode away without paying the loan, X is liable for ___??
A. Malversation B. Estafa C. Robbery D. Theft

55. Refers to a home of the husband and his wife.

A. Conjugal dwelling
B. Dwelling place
C. Residence
D. Abode
56. He was very fond of M, kissed and embraced the latter and touching the girls
breast as a mere incident of the embraced, he is liable for__?
A. Attempted rape
B. Unjust vexation
C. Acts of lasciviousness
D. Lewd conduct
57. It requires the occurrence of two things, that there being an actual assembly of
men and for such purpose of executing deign by force.
A. Levying war C. Aid or comfort
B. Adherence to the enemy D. All of the foregoing

58. What crime is committed against mankind, a whose jurisdiction consequently

recognizes no territorial limits?
A. Mutiny B. Piracy C. Espionage D.
Sedition

59. A person who executes a false affidavit may be held liable for __?
A. Forgery B. False testimony C. Falsification D.
Perjury
60. A threatened to kill B if the latter will not give him 2,00 pesos. What crime has
been committed by A?
A. Grave threat C. Kidnapping for ransom
B. Grave coercion D. Attempted murder

61. The degree if proof required convicting a person accused of treason.

A. Dangerous tendency rule C. Proof beyond
reasonable doubt
B. Two witness rule D. Substantial evidence
62. PO1 Mendoza, who without legal grounds detains Ms. Sagun for being ugly, he
is liable for__?
A. Illegal detention
B. Kidnapping
C. Arbitrary detention
D. Expulsion

63. It is committed by a person who being under oath is reqired 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 C. Falsification
B. Perjury D. False testimony

64. A detained prisoner was allowed to eat and drink in a nearby restaurant on
several occasions; he was at all times duly guarded. Assuming that it was done
with the warden’s permission, the warden may be charge with what particular
offense?
A. Laxity C. Infidelity
B. negligence of duty D. Dereliction of duty

65. Refers to the omission of some acts which ought to be performed.

A. Misfeasance B. Nonfeasance C. Malfeasance D. Dereliction of duty

66. 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
B. Libel
C. Grave scandal
D. D. Slander
67. A person arrested for the commission of an offense punishable by afflictive
penalties must be delivered to the proper judicial authority within how many
hours?
A. 12 hours
B. 18 hours
C. 36 hours
D. D. 48 hours

68. It is the unauthorized act of a public officer who compels a person to change his
residence.
 A. Expulsion C. Violation of domicile

B. Trespass to dwelling D. Arbitrary detention

69. A person having knowledge of the plans to commit treason and fails to disclose
such information to the governor, fiscal or mayor is guilty of what crime?
A. Treason C. Conspiracy to commit treason
B. Espionage D. Misprision of treason

70. It is a felony which in its general sense is rising of commotions or disturbances in

the state outside of the legal method.
A. Treason B. Coup d’etat C. Sedition D. Rebellion

71. A police officer who arrested a member f congress while going to attend a senate
session for a traffic violation is liable for __?
A. Crime against popular representation
B. Acts tending to prevent the meeting of the national assembly
C. Violation of parliamentary immunity
D. All of the foregoing

72. 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. D. Destitute

73. Exemption to violation of parliamentary immunity, when a member of congress

while in regular session__?
A. Committed a crime punishable by the RPC
B. Committed a crime punishable by prision mayor
C. Committed a crime punishable by a penalty of higher than prision mayor
D. None of the foregoing

74. This crime is committed raising publicly and taking arms against government to
completely arms supersede said existing government.
A. Treason B. Rebellion C. Coup d’etat D.
Sedition

75. The nature of the crime of treason and espionage is __?

A. Crimes against national security and the law of nations
B. Crimes against public order
C. Crime against the state
 D. War crime

76. 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

77. Groups which are organized for the purpose of committing any crime against the
RPC for the purposes contrary to public morals.
A. Illegal assembly C. Sedition
B. Illegal association D. Rebellion

78. When a gathering of persons is held with the presence of armed men and the
purpose of the meeting is to commit any crime punishable under the RPC, what
crime is committed?
A. Illegal assembly C. Sedition
B. Illegal association D. Rebellion

79. Implies anything which includes offensive or antagonistic movement or action of

any kind.
A. Over acts C. Attack
B. Employ force D. Stealth

80. Mass uprising has been undertaken by supporters of Gloria Pandaka wherein
they resort to violence to stop the holding of the forthcoming elections, what
crime was committed?
A. Violation of parliamentary immunity C. Rebellion
B. Illegal assembly D. Sedition

81. X PCCR student assisted SPO1 Anico who was being assaulted by Mr. A while
resisting arrest, Mr. A then kicked Mr. X. What was the crime committed by Mr. A
with respect to X?
A. Direct assault C. Resistance
B. Indirect assault D. Disobedience

82. Jason, a college student punched his gay teacher while on class, me may be
held liable for __?
A. Direct assault C. Resistance
 B. Indirect assault D. Subversion

83. Includes medley of discordant voices, a mock serenade of discordant noises

designed to annoy and insult.
A. Outcry B. Assault C. Charivari D. Tumultuous

84. Nr. K fired his pistol towards the sky during the celebration of his birthday, he is
liable for __?
A. Illegal possession of firearms C. Alarm and scandal
B. Illegal discharge D. All of the forgoing

85. Poly who frequently introduces himself as NBI agent under the false pretence he
may be liable for __?
A. Usurpation of authority C. Disobedience
B. Misuse of authority D. Resistance

86. Lex having been convicted of estafa escaped from BJMP personnel, what felon
was committed?
A. Delivering prisoners from jail C. Resistance
B. Evasion of service of sentence D.Disobedience

87. To settle his debt, Lucas imitated 500 peso, he is liable for __?
A. Falsification of documents C. Forgery
B. Intercalation D. Rubric

88. Breach of allegiance to a government, committed by a person who owes

allegiance to it.
A. Treason C. Adherence to the enemy
B. Espionage D. Levying war

89. Any of the names of a person which publicly applies to himself authority of the
law.
A. Alias C. Fictitious name
B. AKA D. True name

90. To avoid being charged with delay in the delivery of persons to proper judicial
authorities, a person caught in the act of committing a felony punishable by
penalties which are correctional in nature must be allowed to said authorities
within how many hours?
 A. 12 C. 36
B. 18 D. 48

91. Refers to the gathering, transmitting or losing information relative to national

defense with intent to be used to the injury of the republic of the Philippines.
A. Treason C. Conspiracy to commit treason
B. Espionage D. Misprision of treason

92. PO2 Paras, forcibly entered by dwelling of Benjie who is a suspected drug
pusher, what crime was committed by the public officer?
A. Violation of domicile C. Trespass to dwelling
B. Arbitrary detention D. Expulsion

93. Refers to the resistance to a superior officer, and or raising of commotions and
disturbance in aboard a ship against the authority of the commander.
A. Mutiny C. Piracy
B. Espionage D. Sedition

94. The following are legal grounds for detention, except__?

A. Suspected of committing a felony under the RPC
B. Commission of crimes
C. Ailment compulsory confinement
D. Violent insanity

95. It means intent to betray a person’s country of origin.

A. Aid to comfort C. Adherence to the enemy
B. Levying war D. All of these

96. To expedite the processing of benefit claims from the GSIS a clerk accepted
1,000 pesos from Mr. H; the clerk is liable for __?
A. Bribery C. Indirect bribery
B. Qualified theft D. Direct bribery

97. B wanted to kill A, he then executed his plan by ramming over the latter with his
automobile killing B instantly, what was the crime committed?
A. Parricide B. Murder C. Homicide D. Infanticide
 98. Anne killed her husband Jojo by means of poison, she is liable for __?
A. Parricide B. Murder C. Homicide D. Infanticide

99. Pedro due to his addiction killed his child less than 3 days old, he is guilty of what
crime___?
A. Parricide C. Homicide
B. Murder D. Infanticide

100. It is the violent expulsion of a human fetus from the maternal womb of
birth which results in death.
A. Infanticide C. Murder
B. Abortion D. Parricide

1. A kind of evidence which shows that a best evidence existed as to

the proof of the fact is in question
A.  Real Evidence
B.  Secondary Evidence
C.  Best Evidence
D.  Res gestae
       
2. What crime exists when a single act constitutes two or more grave
or less grave felonies or when an offense is a necessary means for
committing the other?
A.  Complex   
B.  Composite
C.  Continuing
D.  compound

3. What must be considered in determining whether the crime

committed is only attempted, frustrated or consummated?
A.  All of these
B.  The elements constituting the felony
C.  The nature of the offense
D.  The manner of committing the felony

4. A person who gives testimonial evidence to a judiciary tribunal

A.  Witness
B.  Defense
C.  Prosecution
D.  Clerk of Court

5. What crime can be charged of one who retains a minor in his

service against the minor’s will and under the pretext of reimbursing
himself of a debt incurred by the child/s parents?
A.  white slavery  
B.  exploitation of child labor
C.  inducing a minor
 D.  kidnapping
6. A, a notary public, issued a supposed copy of a deed of sale,
when in fact no such deed oæ sale was prepared by him. A is liable for
A.  Estafa    
B.  falsification
C.  Forgery
D.  All of these

7. Refers to family history or descent transmitted from one

generation to another
A.  Pedigree
B.  Inheritance
C.  Tradition Heritage

8. What kind of presumption involves the mental process by which the

existence of one fact is inferred from proof of some other facts?
A.  Conclusive     
B.  of"law
C.  Disputable
D.  of fact

9. During the pendency of his criminal case, A died due to heart

attack. His untimely death resulted in
A.  termination of proceedings
B.  suspension of the case
C.  postponement of the case
D.  dismissal of the case for lack of respondent

10.  How may an ordinary citizen give his opinion regarding the handwriting
of a person?
A.  when he has to testify only as to the mental and emotional state of the
one who authored the handwriting
B.  when it is the handwriting of one whom he has sufficient familiarity
C.  when he is a questioned document examiner
D.  when he is a graduate of criminology

11.  Obligations imposed upon a party to establish their alleged fact by

proof are termed as "burden of proof" what is its Latin translation?
A.  Factum probans
B.  Factum probandum
C.  Owe probandi
D.  Owes probandi

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

A.  yes, the privilege of marital communication rule is already abolished
B.  yes, under the law she is a competent witness

C.  no,she is incompetent as a witness

D.  yes, because crime charge is one committed by the wife
13.  Logical necessity which resists upon a party at any particular time
during the trail to create a prima facie case in his own favor or to
overthrow one created against him.
A.  Res gestae
B.  Burden of Evidence
C.  Burden of Proof
D.  Estoppel

14.  A is a supply officer of a municipality. He entered into an agreement

with B. to supply the municipality with some office forms at a price
grossly disadvantageous to the municipality. The agreement was that
part of the purchase price must be given to A. The transaction did not
materialize. A may be liable for
A.  attempted estafa          
B.  frustrated estafa
C.  attempted fraud
D.  consummated fraud

15.  The probative value or credit given by the court to a particular

evidence
A.  Preponderance of evidence
B.  Evidentiary fact
C.  Ultimate Fact
D.  Weight of Evidence

16.  Which among the following may disqualify a witness

A.  Capacity of observation
B.  Capacity of recollection
C.  Capacity of Knowledge
D.  Capacity of communication

17.  That kind of evidence which can not be rebutted or overcome

A.  Primary
B.  Real
C.  Best
D.  Conclusive

18.  Which in the following enumeration is an example of an afflictive

penalty?
A.  Fine
B.  arresto mayor
C.  prison mayor
D.  destierro

19.  A detained prisoner is allowed to eat and drink in a nearby restaurant

on several occasions. He is, however, well-guarded at all times. The
warden allowed him to go out of his cell without any consideration
whatsoever. The warden may be charged with
A.  negligence of duty
B.  leniency or laxity
C.  dereliction of duty
D.  infidelity
20.  Cognizance of certain facts which judges may properly take as fact
because they are already known to him
A.  Cognizance
B.  Judicial Admission
C.  Judicial Knowledge
D.  Judicial Notice

21.  What if the offended party is a corporation, how do you indicate it in

the complaint or information?
A.  state the name of the corporation
B.  leave it blank as error is merely clerical and can be corrected during
trial
C.  aver it in the charge sheet
D.  aver that it is legally organized pursuant to SEC rules

22.  Exemption to the hearsay rule made under the consciousness of an

impending death.
A.  Parole Evidence
B.  Ante-mortem statement
C.  Dean man statute
D.  Post mortem statement

23.  What crime is committed against mankind, and whose jurisdiction

consequently recognizes no territorial limits?
A.  Piracy    
B.  Felonies
C.  Theft
D.  Suicide

24.  Heads of State or Ambassadors can NOT be held criminally liable in

another state or place of assignment under the principles of
international law. This is an EXCEPTION to the general characteristic
of Criminal Law which is
A.  Prospectivity  
B.  Generality
C.  Territoriality
D.  Immunity

25.  Refers generally to acts made criminal by special laws

A.  Felony
B.  Mala Inse
C.  Mala Incest
D.  Mala prohibita

26.  When several persons are co-accused for a crime committed, what is that
requirement that must be satisfied in order that one or more of those
accused can qualify as state witness?
A.  he appears to be the least guilty
B.  he does not appear to be the most guilty
C.  not more than two accused can be state witness
D.  he seems to be not guilty
27.  Ignorantia Facti Excusat means:
A.  Ignorance of the law
B.  Mistake of facts
C.  Mistake of the blow
D.  Mistake in identity

28.  Under this Rule, crimes are not triable in the courts of that country,
unless their commission affects the peace and security of the
territory or the safety of the state is endangered.
A.  French Rule
B.  Spanish Rule
C.  American Rule
D.  English Rule

29.  What should the court do when the offense is less serious physical
injuries and the offense proved is serious physical injuries and the
defendant may be convicted only of the offense as charged?
A.  do not dismiss the action
B.  do not dismiss the action but should order the filing of a new
information
C.  dismiss the action
D.  stay with the action and decide accordingly to avoid double jeopardy

30.  When the law attaches capital punishment or afflictive  penalties the

felony is said to be
A.  Grave
B.  Light
C.  Less grave
D.  Serious

31.  When is evidence presented in court for admissibility considered

relevant to the issue?
A.  when it is not excluded by the rules
B.  when it has direct bearing and actual connection to the facts and issue
C.  when it is not repugnant in taste
D.  when it is not immoral

32.  Infractions to the law punishable by Aresto Menor or a fine not

exceeding 200 pesos or both.
A.  Grave
B.  Light
C.  Less grave
D.  Serious

33.  What circumstance can be considered aggravating with the slaying of an

80 year old woman?
A.  abuse of confidence 
B.  disregard of age and sex
C.  neglect of elders
D.  disrespect of rank
34.  Acts of a person which are said to be in accordance with the law, so
that such person is deemed not to have transgressed the law and is
free from both criminal and civil liability.
A.   Justifying circumstances
B.  Mitigating Circumstance
C.  Exempting circumstances
D.  Aggravating circumstances

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

penalty prescribed by the law for the offense charged does not exceed
A.  3 years
B.  six years
C.  6 months imprisonment
D.  4 years and 2 months

36.  In case of oral defamation, where the priest is the only available
witness, can a priest testify as to the alleged defamatory words given
to him by the accused during confession?
A.  privilege given by a patient to a doctor
B.  privilege given to a husband to a wife
C.  privilege communication given to an attorney by a client
D.  privilege communication given by a penitent to a priest

37.  An aggravating circumstance which generally apply to all crimes such as

dwelling, night time or recidivism.
A.  Generic
B.  Specific
C.  Qualifying
D.  Inherent

38.  Who are criminally liable, when having knowledge of the commission of

the crime, without having principally participated therein, takes part
subsequent to the commission, either in profiting by the effects of
the crime or by concealing or destroying the body of the crime?
A.  Witnesses 
B.  Accessories
C.  Principals
D.  Accomplices

39.  They are aggravating circumstance which change the nature of the crime,
e.i. homicide to murder in case of treachery
A.  Generic
B.  Specific
C.  Qualifying
D.  Inherent

40.  Which of the following aggravating circumstances may not be offset by

mitigating circumstances?
A.  Treachery 
B.  Night time
C.  Ignominy
 D.  Taking advantage of superior strength

41.  What are the infractions of mere rules of convenience designed to

secure a more orderly regulation of the affairs of society?
A.  Mala prohibita      
B.  Felonies
C.  Violation of ordinance
D.  Mala in se

42.  What doctrine allows evidence obtained by police officers in an illegal

search and seizure to be used against the accused?
A.  Silver platter
B.  Exclusionary doctrine
C.  Fruit of the poisonous tree
D.  Miranda ruling

43.  Mr. Santos went to the United States. While he was there, he courted

Ms. Jane an American. They eventually got married. When Mr. Santos
returned to the Philippines his wife, Alona filed an action against
him for violating their marriage. What is the liability of Mr. Santos,
if any?
A.  None of these  
B.  Adultery
C.  Concubinage
D.  Bigamy

44.  What is the liability of the jail guard if the evasion of a prisoner

should take place through his negligence?
A.  delivering prisoners from jails
B.  evasion through negligence
C.  reckless imprudence
D.  conniving with or consenting to evasion

45.  A treasury warrant was payable to A or his representative. B took

possession of the warrant, wrote the name of A, endorsed it at the
back and was able to encash it. B is liable for
A.  Estafa
B.  all of these
C.  falsification
D.  forgery

46.  A person who has within a period of  10 years from the date of release
or last conviction is said to have been found guilty of the same
offense particularly those of physical injuries, estafa, theft and
robbery is considered as a:
A.  recidivist     
B.  habitual Delinquent
C.  delinquent
D.  quasi-recidvist

47.  What is the means sanctioned by the rules of ascertaining in a judicial

proceeding the truth respecting a matter of fact?
 A.  Evidence
B.  Procedure
C.  Investigation
D.  Trial

48.  Whenever more than three armed malefactors shall have acted together in
the commission of an offense it is deemed to have been committed by:
A.  Group
B.  Band
C.  Brigands
D.  Team

49.  What is that statement made by a wounded person shortly after he

received several bolo stabs narrating therein the whole incident to
another which is admissible in evidence as part of
A.  res nullus
B.  res ipsa loquitur
C.  res judicata
D.  res gestae

50.  A, B, C are boardmates of D. A, B and C conspire to kill X, a witch,

because he is perceived to cause misery among many in the barangay. D
knew about it all along. After the conspiracy but made no move to
report to the authorities. In this case, D
A.  is liable for murder
B.  is an accessory to the crime
C.  is a conspirator
D.  incurs no criminal liability

51.  “Aberratio ictus” in which the perpetrator is criminally liable means

A.  mistaken identity
B.  mistake in the blow
C.  results are less than intended 
D.  result is greater than intended

52.  What acts punishable by law are either intended to directly impute to

an innocent person the commission of crime or which are calculated to
blemish the honor or reputation of a person by means of intrigue?
A.  oral defamation
B.  blackmail
C.  slander
D.  incriminatory machinations

53.  A, with intent to kill, fired a revolver at B. He inflicted a fatal

wound. A brought B to a hospital, and due to timely medical
assistance, B survived. What crime did A commit?
A.  physical injuries   
B.  attempted felony
C.  frustrated felony
D.  no criminal liability
54.  Breach of allegiance to a government, committed by a person who owes
allegiance to it.
A.  Treason
B.  Adherence to the enemy
C.  Espionage
D.  Levying war

55.  What is the order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer
commanding him to search for personal property described therein and
bring it before the court?
A.  warrant of arrest
B.  Search warrant
C.  Subpoena
D.  Summons

56.  It requires the concurrence of two things, that there being an actual
assembly of men and for such purpose of executing a treasonable design
by force
A.  Aid or comfort
B.  Adherence to the enemy
C.  Levying war
D.  All of the foregoing

57.  Under the new Constitution, who is empowered to order or change the

venue or place of trial in order to avoid miscarriage of justice?
A.  executive judge
B.  supreme court
C.  regional trial courts
D.  regional state prosecutor

58.  What rule is observed when generally, there can be no evidence of a

writing, the contents of which is the subject matter of inquiry
A.  secondary evidence
B.  parole  evidence
C.  corollary evidence
D.  best evidence

59.  What kind of executive clemency wipes away the guilt of the convicted
person, subject to the three limitations to be executed by the
President?
A.  Pardon
B.  Amnesty
C.  Reprieve
D.  penalty

60.  A person having knowledge of the plans to commit treason and fails to
disclose such information to the governor, fiscal or mayor is guilty
of what crime?
A.  Treason
B.  Conspiracy to commit treason
C.  Espionage
 D.  Misprision of Treason

61.  What crime is committed when the offender, acting under a single

criminal resolution, commits a series of acts in the same place at
about the same penal provision?
A.  Composite 
B.  Compound
C.  Continuing
D.  complex

62.  In what instance can alibi (the weakest defense) acquire commensurate
strength in evidential value?
A.  when it changes the burden of proof
B.  when evidence for the prosecution is strong
C.  where no positive and proper identification has been
satisfactorily made
D.  when questions on whether or not accused committed the
offense is clear

63.  It is a forcible depredation on the high seas without lawful authority

and done with animo furandi and in the spirit and intention of
universal hostility
A.  Mutiny
B.  Piracy
C.  Espionage
D.  Sedition

64.  What is that rule where an offended party may intervene in the

proceeding personally or through a counsel?
A.  Miranda Rule
B.  rule of facilitation
C.  rule of intervention
D.  rule of reservation

65.  Refers to resistance to a superior officer, or the raising of

commotions and disturbance on board a ship against authority of the
commander
A.  Mutiny
B.  Piracy
C.  Espionage
D.  Sedition

66.  What kind of motion may be availed of anytime before arraignment?

A.  motion to dismiss
B.  motion for review
C.  motion for reconsideration
D.  motion to quash

67.  Which among the following instances is an example of a qualifying

circumstance to a crime of murder?
A.  Recidivism
B.  Insanity
 C.  Treachery
D.  Intoxication

68.  What would be the nature of action for a person over nine years of age
and under fifteen to incur criminal liability?
A.  act with discernment
B.  act carelessly or negligently
C.  show criminal intent
D.  show malice

69.  Who is a person in authority among the following:

A.  Policeman
B.  MMDA enforcer
C.  barangay captain
D.  barangay tanod

70.  What kind of aggravating circumstance is present when a person commits

any of the crimes against person, employing such means, methods or
forms in the execution thereof which tend specially to ensure its
execution without risk to himself arising from the defense which the
offended partly might make?
A.  capital punishment
B.  complex crime
C.  continuous offense
D.  civil interdiction

71.  A is known for writing obscene material. One of his writings, entitled
“Hayop”, was stolen from his office and was published by someone. The
authorities got hold of the obscene magazine. A is
A.  not liable at all
B.  liable for obscene publication (as co-publisher)
C.  liable for pornography
D.  liable for the obscene publications (as author)

72.  What should be done in cases of offenses against property where the

name of the offended party is unknown?
A.  court must cause the true name to be inserted
B.  what is pivotal is the name and description of the offender
C.  the police must label the property in a way that will
distinguish it from others
D.  describe the property subject matter with such particularity
as to properly identify, the particular offense charged

73.  How should the plea to a complaint or information be made by the

accused?
A.  personally, in open court and of the record
B.  by the approval of the court and upon written request by the
accused
C.  through counsel in open court and on the record
D.  personally by written motion
 Situation 1 – A and B are neighbors. During a drinking spree, A
punched B without any provocation. B’s injury required medical
attendance for a period of seven (7) days. Immediately thereafter SP01
T. Anga whose help was sought by B, took the statement of B and did
not know what to do.

74.  What crime was committed by A?

A.  slight physical injury    
B.  serious physical injuries
C.  ill treatment
D.  less serious physical injury

75.  Considering the nature of the offense committed by A, SP01 T. Anga

should:
A.  file the case directly with the court
B.  instruct B to file the matter first before the barangay C
C.  file the case before the prosecutor’s office
D.  file the case himself before the barangay court

76.  Assuming that the result of the action of A was death, instead of mere
physical injuries against B, SP01 T. Anga should, in his investigation
and report concentrate and stress on:
A.  whether or not A was drunk at the time
B.  the Barangay Court has no jurisdiction over the case
C.  whether or not B was also drunk
D.  None of the above

77.  Assuming that A was drunk at the time that he committed the offense,
his drunkenness would be considered as:
A.  mitigating circumstance
B.  aggravating circumstance
C.  exempting circumstance
D.  alternative circumstance

Situation 2 – A and B who are brother-in-laws, are also mortal

enemies. One time, A threatened to kill B. A has a common reputation
of being a killer. One night in a lighted place, A suddenly stabbed B
from behind. Before A could escape, B was able to identify him. As B
lay wounded, SP01 Mahabagin responded and to whom B pointed to A as
the one who attacked him. SP01 arrested B on the basis of such
declaration.

78.  Based on situation # 2, which of the following best describes the

statement of A?
A.  Circumstantial 
B.  Corroborative
C.  Hearsay
D.  Direct

79.  What crime was committed by A that night time of the stabbing?

A.  Parricide 
B.  Grave threats
 C.  Homicide
D.  Murder

80.  Assuming that B was dying at the time that he informed SP01 Mahabagin
of the identity of his notorious assailant and believing that he was
dying at the time, but he did not actually die, what basis could be
used to establish the identify of A?
A.  Common reputation   
B.  res gestae
a.  dying declaration
b.  declaration against interest

81.  In the foregoing case, B’s statement identifying A as his assailant may
not be considered a dying declaration because:
A.  B’s death is indispensable
B.  The declaration was not written
C.  No mention was made that B’s wound was fatal
D.  B has a grudge against

Situation 3 – During custodial investigation at the Central

Police District in Quezon City, “A” was informed of his constitutional
right, to remain silent and to have competent and independent counsel.
He decided to waive his right to counsel and proceed to make a
statement admitting commission of a robbery.

82.  A’s statement is inadmissible in evidence against him because

A.  The right to remain silent and to counsel cannot be waived
B.  it was not made in the presence of the counsel
C.  The waiver was not made in writing and in the presence of the counsel
D.  It was not made in writing

83.  Assuming that all conditions in the waiver were properly observed

except the right to counsel which was waived because A could not
afford the service of one, A’s statement will be
A.  Admissible because A was informed of his right to counsel but he could
not afford to hire one
B.  Inadmissible because A must be provided with counsel free of charge
C.  admissible because A did not insist on his right to counsel and he
voluntarily waived it
D.  admissible in evidence against him because all the conditions were
present in      the waiver

84.  Assuming that the public persecutor on the basis of the now written
confession of A, who waived his right of counsel because he could not
afford one, filed the information against him and the judge after
trial, convicted A on the basis of his written confession. A would
like to appeal his case to a higher court. The appeal should be filed
-
 A.  with 30 days from the time A’s counsel de oficio who was absent of the
time of the promulgation received a written copy of the judgment of
conviction.
B.  within 30 days from the date the case was submitted for resolution
C.  within 15 days from the promulgation of judgment
D.  within 15 days from the date of pre-trial conference 

85.  Assuming that A’s appeal was filed 30 days after his counsel de oficio
learned of the judgment, the appeal should
A.  Not be given due course, because the judgment which were rendered after
trial was obviously correct anyway
B.  be given due course because it was filed within the reglamentary period
C.  not be given due course because the confession was really inadmissible
against A and the judgment of conviction must be reversed
D.  None of these

86.  The Judiciary Reorganization Act of 1980 (BP Blg 129) took effect on
A.   January 17, 1983    
B.   August 1, 1983
C.   January 1, 1983
D.   December 1, 1980
87.  Criminal jurisdiction over the subject matter shall be determined by
the
A.  law enforced at the time of the commission of the offense
B.  law enforced at the time of trial
C.  law enforced at the time of the institution/filing of the offense
D.  law enforced at the time of the discovery of the offense

88.  Criminal procedure is a
A.  substantive law
B.  constitutional law
C.  administrative law
D.  procedural or remedial law

89.  The stage of a judicial proceeding whereby the accused shall be

informed of the nature and cause of the accusation against him, in
compliance of the mandate of the consultation and the rules and in
order to fix the identity of the accused is
A.  criminal investigation
B.  pre-trial conference
C.  preliminary investigation
D.  arraignment and plea

90.  Defined as the taking of a person into custody in order that he may be

bound to answer for the commission of an offense
A.  None of these
B.  Custody
C.  Detention or imprisonment
D.  Investigation

91.  Under the law, the warrant of arrest shall remain valid unless
A.  after the lapse of ten days from its issuance
 B.  it is served or lifted
C.  after the lapse of the period for the police to execute the same
D.  after the lapse of the period for the police to make his report

92.  The procedure which allows the affidavit or counter-affidavit of the

parties or their witnesses to constitute as their direct oral
testimony in the case, subject however to cross examination
A.  Revised Rule on Summary Procedure
B.  Revised Rules on Criminal Procedure
C.  Revised Rules on Evidence
D.  Revised Penal Code

93.  The right of an accused to bail is a matter of right in those cases -

A.  falling within the jurisdiction of the RTC before or after conviction,
except capital offenses
B.  falling within the jurisdiction of the MTC before or after conviction
C.  falling within the jurisdiction of the RTC where the penalty for the
offense does not exceed twenty years imprisonment
D.  all of these

94.  Preliminary investigation is required in those criminal cases where the

penalty provided by law for the offense charged is
A.  over 6 years imprisonment regardless of the amount of fine
B.  exceeding 6 years imprisonment irrespective of the amount of fine
C.  at least 4 years, 2 months and 1 day of imprisonment irrespective of
the amount of fine
D.  not exceeding 6 years imprisonment irrespective of the amount of fine

95.  Violation of City or municipal ordinance are within the

A.  concurrent jurisdiction of the RTC and MTC
B.  exclusive original jurisdiction of the RTC
C.  exclusive jurisdiction of the Family Court
D.  exclusive original jurisdiction of the MTC

96.  The process of adjudication of disputes in barangay level whereby the

Punong Barangay or the Pangkat members shall endeavor to convince or
encourage the parties to settle their dispute amicably.
A.  Arbitration
B.  Confrontation
C.  Compromise
D.  Mediation/conciliation

97.  The power or authority of a court to try, hear and decide a class of

criminal case brought before it
A.  criminal jurisprudence
B.  criminal jurisdiction
C.  criminal procedure
D.  criminal due process of law
98.  If no criminal action has yet been instituted, a motion to quash a
search warrant and/or suppress evidence obtained thereby by the police
shall be filed in and resolve by the
A.  court which has jurisdiction over the place where the offense was
committed
B.  court that issued the search warrant
C.  court where the suspects reside
D.  court within the judicial region of the place where the crime was
committed

99.  The personnel of a court who shall take charge of the business of the
court, supervises all the other staff of the court or the alter ego of
the judge in all official businesses of the court in his absence.
A.  court interpreter
B.  clerk of court
C.  legal researcher
D.  personal secretary of judge

100.  The law providing the rights of person arrested, detained or under

custodial investigation is
A.  RA No 7691
B.  RA No 8493
C.  RA No 7438
D.  RA No 7659
1.) John Rey was lawfully arrested in one of the rooms of Hotel Nebraska. Incidental to
that lawful arrest, the police operatives conducted a warrantless search in another room
of the hotel adjacent to the suspect’s room. The pieces of evidence that could be
obtained from that another room are considered-
A. Legal since they are taken incidental to a lawful arrest
B. Inadmissible D. B and / or C
C. Admissible E. None of these

2.) What is the territorial reach of a warrant of arrest?

A. Anywhere in the world B. Anywhere in the Philippines
C. Within the region where such warrant of arrest was issued
D. Within the city where such warrant of arrest was issued
E. Within the place as specified in the warrant of arrest

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

4.) It is the informal and summary investigation conducted by a public prosecutor in

criminal cases involving persons arrested and detained without the benefit of warrant of
arrest issued by the court for the purpose of determining whether or not said persons
should remain under custody and correspondingly be charged in court.
A. Preliminary investigation B. Preliminary conference
C. Judicial inquiry D. Inquest
E. Determination of probable cause

5.) What exists when the evidence submitted to the Inquest Officer engenders a well-
founded belief that a crime has been committed and that the arrested or detained
person is probably guilty thereof?
A. Proof facie evidence B. Proof beyond reasonable doubt
C. Criminal guilt D. Direct evidence
E. Probable cause

6.) What is the categorical acknowledgement of guilt made by an accused in a criminal

case, without any exculpatory statement or explanation?
A. Statement B. Affidavit C. Confession
D. Admission E. Judicial confession

7.) In criminal cases, except those involving quasi-offenses or criminal negligence or

those allowed by law, what is the offer by the accused which may be received in
evidence as an implied admission of guilt?
A. Compromise B. Agreement C. Covenant
D. Admission E. Plea of guilty
8.) The evidence which cannot be rebutted or overcome is called-
A. Expert evidence B. Prima facie evidence
C. Conclusive evidence D. Direct evidence E. Best evidence

9.) Parole evidence is allowed in the following instances, except-

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

10.) This embraces any notable fact in the life of a member of the family and includes
relationship family genealogy birth, marriage, death, the dates when and the places
where these facts occurred and the names of relatives.
A. Family background B. Personal background C. Pedigree
D. Resume E. Family history

11.) John and Peter planned to kill Zechariah by means of strangulation. James, their
friend knew the conspiracy to commit the felony who in return failed to report the same
to the police. John and Peter successfully killed Zechariah by strangulation. What is the
criminal liability of James?
A. None B. Culpable felony C. Misprision of felony
D. Failure to report the conspiracy E. B and / or D

12.) As an exception to his usual duties, when municipal trial court judge conducts a
preliminary investigation, he performs-
A. An extra job B. The job of the police
 C. A judicial function D. Non-judicial function E. C and / or
D

13.) While an accused,who had been charge in court without a preliminary investigation
having been conducted, under Section 7, Rule112 of the Rules of Court, may ask for a
preliminary investigation within ___days from the time he learns of the filing of the
information against him.
A. 60 B. 30 C. 15 D. 10 E. 5

14.) Which of the following suggests to the witness the answer which the examining
party desires?
A. Suggestive questions B. Leading questions
C. Misleading questions D. Direct questions E. Relevant
questions

15.) The factors to be considered by the court in determining proper penalty for
impossible crime are:
A. The social danger
B. The degree of the criminality shown by the offender
C. The intent or means of commission D. A and B
E. The personality of the offender

16.) What principle of law requires that the judiciary can do nothing but to apply a law,
even in cases where doing such would seem to result in grave injustice?
A. None of these B. Dura lex sed lex
C. Vox populi vox Dei D. Ignorantia legis non excusat
E. Aberratio ictus

17.) Matthew with intent to kill stabbed Luke but the latter was only hit on his wrist. The
small cut required medication for 5 days. What crime was committed by Matthew?
A. Slight physical injury B. Impossible crime of homicide
 C. Attempted homicide D. Frustrated homicide E. Frustrated
murder

18.) Mark with intent to kill assaulted John from behind but the point of the knife hit the
back of the chair where John was seated. Fortunately, John was not wounded. What
was the crime committed by Mark?
A. Frustrated murder B. Frustrated homicide C. Attempted
murder
D. Attempted homicide E. Impossible crime

19.) Barnabas is a kick boxer and a Criminology student. He kicked and boxed Philip,
his classmate, who suffered an injury requiring 15 days of medical attendance. What
crime did the offender commit?
A. Slight physical injuries B. Less serious physical injuries
C. Attempted homicide
D. Reckless imprudence resulting to physical injuries
E. Serious physical injuries

20.) Mere contact by the male’s sex organ of the labia is-
A. Attempted rape B. Frustrated rape
C. Consummated rape D. Act of lasciviousness E. Unjust vexation

21.) Gerald with treachery fired Efren with a revolver which inflicted mortal wound on the
latter. When Efren was fatally wounded, he pleaded to Gerald to bring him to the
hospital. Gerald, out of compassion, rushed Efren to the hospital. Gerald eventually
survived the attack. At the most, the crime committed by Gerald is-
A. Frustrated murder B. Frustrated homicide
C. Less serious physical injuries D. Serious physical injuries E. Attempted
murder
22.) In cases cognizable by regional trial courts, right to a preliminary investigation is a
substantial right and the denial of which amounts to a denial of due process. Its
absence, however, is-
A. None of these
B. Not a ground for a motion to quash the information filed
C. A ground for a motion to quash the information filed
D. Not a ground for filing a demurrer to evidence
E. The failure to waive such right

23.) Lack of certification that a preliminary investigation was conducted-

A. Does not invalidate information filed
B Invalidates the information filed
C. Violates the right of the accused
D. Mandates the conducting of another preliminary7 investigation
E. Demands the issuanc3e of certification that a preliminary investigation was
conducted

24.) The following felonies could not be committed by frustrated stage of felony, except-
A. None of these B. Rape C. Indirect bribery
D. Corruption of public officials E. Adultery and concubinage

25.) Onesimus with intent to kill shot Gaius with his 9mm pistol. However, the gun
jammed and failed to fire a single shot. The former is liable for-
A. Impossible crime B. Frustrated murder C. Attempted
murder
D. Attempted homicide E. Frustrated homicide

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

27.) The following are the punishable kinds of proposal to commit a felony, except-
A. None of these B. Proposal to commit bribery
C. Proposal to commit a rebellion
D. Proposal to commit terrorism under R.A. 9372
E. B and C only

28.) Ronald, a house servant of the Aspuria family, stole the digital camera of his
employer. Ronald committed the crime of-
A. Theft B. Robbery C. Qualified robbery
D. Trespassing E. Qualified Theft

29.) It is the quality by which an act may be ascribed to a person as its author.
A. Guilty B. Imputability C. Responsibility
D. Liability E. All of the above
30.) Who has the burden of proof in cases where self-defense is used?
A. All of these B. The prosecutor C. The victim
D. The accused E. The state

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

32.) What is inherent in parricide?

 A. Time of Commission B. Age of the victim C. Age of the
accused
D. Weapons used E. Relationship

33.) What penalty is to be imposed in case of a wrong committed by simple imprudence

or negligence which, if done maliciously, would have constituted a light felony?
A. Arresto menor B. Arresto mayor C. Destierro
D. Public censure E. Fine

34.) Lack of instruction or education is not mitigating in the following cases, except:
A. Rape B. Treason C. Arson
D. Forcible Abduction E. None of these

35.) In physical injuries inflicted by a descendant upon an ascendant, relationship is-

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

36.) Within how many days after the filing of the complaint, the investigating officer shall
either dismiss it if he finds no ground to continue with the investigation, or issue a
subpoena to the respondent attaching to it a copy of the complaint and its supporting
affidavits and documents?
A. 5 B. 10 C. 15
D. 30 E. 60

37.) Within how many days from receipt of the records, the provincial or city prosecutor,
or the Ombudsman or his deputy, as the case may be, shall review the resolution of the
investigating judge on the existence of probable cause.
A. 5 B. 10 C. 15
D. 30 E. 60
38.) If there are two or more mitigating circumstances and there is no aggravating
circumstance, the accused is entitled to a penalty-
A. One degree lower B. Two degrees lower
C. Two degrees higher D. One degree higher E. None of
these

39.) Death penalty is not imposed in the following except:

A. None of these B. If the convict is 18 years old
C. If the convict is more than 70 years old
D. When the most guilty has been sentenced only to life imprisonment or to a
lesser penalty
E. When upon review, the required majority vote of the SC justice affirming the
penalty is not reached

40.) The aggravating circumstances of dwelling and evident premeditation are inherent
in the crime of –
A. Murder B. Parricide C. Robbery in an inhabited house
D. Qualified theft E. All of the above

41.) Glenn connived with Sharen, the servant of Job in stealing Job’s video camera.
Glenn is guilty of or liable for-
A. Robbery B. Qualified Theft C. Theft
D. None E. Trespass to dwelling

42.) The Indeterminate Sentence Law does not apply to the following:
A. Offenses punished with death penalty or life imprisonment
B. To those convicted of treason, conspiracy or proposal to commit treason
C. To those convicted of piracy D. To those who are habitual
delinquents
 E. All of the above

43.) Light offenses prescribe in-

A. One month B. Two months C. Six months D. One year E.
Five years

44.) Intention can be ascertained by considering the following, except:

A. The weapon used B. The part of the body
injured
C. The nature of the injury inflicted D. The manner of attack
E. The planning made

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

46.) As a general rule, all criminal actions commenced by a complaint or information

shall be prosecuted under the direction and control of the –
A. Court B. Prosecutor C. Investigating officer D. Judge E.
legal counsel

47.) In the complaint or information, the precise date the offense was committed –
A. Should always be stated B. Should be in the discretion of the
prosecutor
C. Is not necessary stated D. May be inserted later
E. None of the above

48.) Brent and Joy were about to be married. Because of texting, joy eloped with
Jeffrey, Brent’s best friend. With intent premeditation, Brent surreptitiously went to the
house of Jeffrey. Upon seeing Jeffrey, Brent stabbed Jeffrey at the back. What is the
“motive” in this crime?
A. Revenge B. Premeditation C. Stabbing
D. Barging in the house E. Texting

49.) What is not true about “motive?”

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

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

51.) Subversion is crime against-

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

53.) PO3 Bautista flag down a suspicious motorcycle riding man. A heated altercation
ensued in which the unidentified man tried to grab the side arm of the police officer.
Gerry, who was standing nearby, ran towards the two to aid the overpowered police
officer. As Gerry held the wrist of the man, the latter suddenly turned his ire to Gerry by
punching and kicking him. Against Gerry, the unidentified man is liable for-
A. Direct assault B. Physical injury C. indirect assault
D. Unjust vexation E. Tumultuous affray

54.) What is the circumstance which adds disgrace or obloquy to the injury caused by
the crime?

A.Ignominy B. Cruelty C. Brutality

D. Treachery E. Vexation

55.) Parading of the head of the victim after the accused beheaded him is scoffing at the
corpse of the dead. This qualifies the crime to-

A. Mutilation B. Barbaric C. Cruelty

D. Murder ` E. Animalistic
56.) It refers to that cause, which in a natural and continuous sequence, unbroken by
any efficient intervening cause, produces the injury, and without which the result would
not have occurred.

A. Primary cause B. Motive C. Intentional cause

D. Proximate cause E. Criminal intent

57.) The following are the circumstances which imply that the death is presumed to be
the natural consequence of the physical injuries inflicted, except-

A. None of these
B. The resulting injury is due to the intentional act of the victim.
C. The victim at the time the physical injuries were inflicted was strong and in
normal health.
D. The death occurred within a reasonable time from the assault.
E. The death is expected from the nature and location of the wound.

58. )It occurs when an essential element of a crime is not present during its
commission making it impossible of accomplishment.

A. Fortuitous event B. Force majeure C. Legal impossibility

D. Employment of inadequate means. E. A and / or B

59.) Under RA 7659, what is the legal duration of Reclusion Perpetua?

A. 40 years and 1 day and above

B. 30 years and 1 day to 40 years
C. 20 years and 1 day to 40 years
D. 12 years and 1 day to 40 years
E. None, because it is invisible
60.) In cases of capital offenses, the requirement in the application of bail is-

A. Proof beyond reasonable ground B. proof that evidence of guilt

is strong
C. Probable cause D. Direct evidence
E. all of the above
61.) What is the remedy to review the validity of a grant of bail to an accused?

A. Petition for certiorari B. Motion for reconsideration

C. Appeal for reconsideration D. Preliminary investigation
E. Motion to quash

62.) According to subject matter, which of the following is not a principal classification of
penalties?

A. Corporal B. Deprivation of freedom C. Reduction of freedom

D. Bond to keep the peace E. Deprivation of rights

63.) What is not true about an accomplice?

A. He is part of the plan or conspiracy

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

A. An impossible crime Homicide because there was an inherent impossibility of

killing Jude.
B. Theft
C. Impossible crime of Robbery.
D. A and B
E. None of these

65.) Stephen with evident premeditation to kill Timothy fired his rifle at the latter’s house.
However, Timothy was not home thus he was not killed. Which would be true about this
crime?
 A. There was an impossible crime of Murder.
B. The evident premeditation qualifies the crime of frustrated murder.
C. Stephen is liable for Malicious Mischief only.
D. Stephen is liable for the impossible crime of murder and consummated
Malicious Mischief.
E. None of these
66.) Jerry and Chris conspired to commit a robbery. A week after, they told their plan to
their best friend, Eric and asked him to drive for them. Eric obliged and drove the two to
the house of their victim. Eric is liable as-

A. Accomplice
B. Principal by direct participation
C. Principal by inducement
D. Principal by indispensable cooperation
E. Accessory

67.) Romeo stole the mp3 of his boss and sold it for the amount of Php 10,000. After
spending part of the money, Romeo gave Php 3,000 to Jonah, his long time fiancé.
Jonah is liable as –
A. None of these
B. Accomplice
C. Principal by inducement
D. Principal by indispensable cooperation

68.) PO2 Giles went into the house of Milan, the suspect in killing Mayor Trinidad. Upon
arrival at the house, the door was left open. PO2 Giles entered and started searching
the dwelling for some evidence that may point to the killing. Few minutes after, the
spouse of Milan arrive and was surprised on the presence of the police officer. The
women asked the officer to leave but the latter refused. It was only when some
Barangay officials passed at the area that PO2 Giles left. In this case, PO2 Giles is
liable for –

A. Searching domicile without witness

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

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

70.) The offender in direct assault commits against the person in authority any of the
following, except –
A. Kills the offended party
B. Employs force
C. Makes a serious intimidation
D. Makes an attack
E. Makes a serious resistance
71.) This includes a medley of discordant voice, a mock of serenade of discordant
noises made on kettles, tin, horns, and others design to annoy or insult.

A. Noise barrage
B. Revelry
C. Charivari
D. Street dancing
E. Parade

72.) What is that pertaining to any form of attestation by which a person signifies that he
is bound in conscience to perform an act faithfully and truthfully?

A. Affidavit
 B. Sworn statement
C. Deposition
D. Allegiance
E. Oath

73.) Preparatory acts are generally not punishable, except –

A. Conspiracy to commit treason, rebellion and sedition

B. Proposal to commit treason and rebellion
C. possession of picklock which is preparatory to the commission of robbery
D. preparing false vouchers and receipts
E. None of these

74.) Ramon was lawfully arrested by virtue of a warrant of arrest. The police operatives,
at the time of the arrest, were also armed with a valid search warrant to search the
house of Ramon. During the search, the police confiscated a sum of money which was
not indicated in the search warrant but the police justified that the said money will be
used by the person in funding subversive activities. The confiscation of the said money
is considered as-

A. Proper B. Legal C. Illegal seizure

D. B and / or C E. Exception to the general rules of searching

75.) A search incident to a lawful arrest does-

A.None of these
B. Not need a search warrant
C. Need a search warrant
D. Not need a search warrant but a valid search warrant should be issued later
E. Need to be reviewed later
76.) It refers to a sworn written statement charging a person with an offense, subscribed
by the offended party, any peace officer, or other public officer charge with the
enforcement of the law violated.

A. Information B. Complain C. Complaint

D. Affidavit E. B and / or C

77.) It refers to any person who, by direct provision of law, popular election or
appointment by competent authority, shall take part in the performance of public
functions in the Government of the Philippines, or shall perform in said Government or
in any of its branches, public duties as an employee, agent or subordinate official, of
any rank of class, shall be deemed to be a public officer.

A. Government employee B. Notary public C. Public officer

D. Public officials E. All of the above

78.) In what stage of felony requires the existence of an overt act?

A. Attempted B. Frustrated C. Consummated

D. A, B, and C E. B and C only

79.) What is the omission of an act which ought to be done?

A. Misfeasance B. Malfeasance C. Nonfeasance

D. Negligence E. All of the above

80.) Carlos is on trial for a new crime and has previously served sentence for another
crime to which the law attaches an equal greater penalty, or for two or more crimes to
which the law attaches a lighter penalty. What aggravating circumstance is present?
A. Abuse of Confidence B. Reiteracion or Habituality
C. Treachery or Alevosia D. Unlawful Entry E. None of these
81.) It is the order which is issued by the court between the commencement and the
end of a suit or action and which decides some point or matter, but which, however is
not the final decision of the matter in issue.
A. Court order B. Supreme Court Ruling C.
Judgment
D. Interlocutory order E. Provisionary order

82.) Santy is an employee of Lupit Corporation. As an employee thereof, he was able to

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

83.) Prevarication is the-

A. Tolerating the commission of offenses B. Betrayal of public trust
C. Negligence of public officers D. Malicious delay in the administration of
justice
E. Rendering of negligent judgment

84.) An accessory is exempt from criminal liability when the principal any of the
following, except:
A. His spouse B. His ascendant C. His descendant
D. His legitimate, natural, or adopted brother or sister E. None of the above

85.) Ondoy unlawfully \shot to death his cousin Cosme while the latter was in his own
house. What aggravating circumstance is present?
A. Disregard of sex B. Dwelling C. Nighttime
D. Superior Strength E. None of these

86.) Fernando killed Manny out of rivalry for the love of Loren. What mitigating
circumstance is present?
 A. Passion and Obfuscation B. Confession of guilt C. Vindication
of grave offense
D. Provocation of threat E. None of these

87.) Before killing his victim, Joseph drank GSM blue to make him bolder in the
commission of the crime. What alternative circumstance is present?
A. Age and Rank B. Intoxication C. Education
D. Relationship E. All of these

88.) Which of these pertains to Act No. 4103, as amended?

A. Probation Law B. Complex Law C. Indeterminate Sentence Law
D. Anti-Sexual Harassment E. None of these

89.) What is the prescription period of Death and Reclusion Perpetua?

A. 30 years B. 40 years C. 20 years D. 10 years E. 5
years

90.) Which of the following partially extinguished criminal liability?

A. Serving completely the sentence B. Conditional Pardon
C. Amnesty D. Parole E. All of these

91.) Which of the following is prescribed by the law composed of three distinct penalties,
each forming a period?
A. Complex crime B. Complex Penalty C. None of these
D. Complex Law E. Complex term

92.) Who among the following persons is not exempted from criminal liability?
A. Ambassadors B. Charges d’ affaires C. Ministers
D. Consuls E. None of these
93.) What is the act of rising publicly and taking arms against the government?
A. Sedition B. Coup de etat C. A and B
D. Rebellion E. Insurrection
94.) Rebellion, Sedition, and Disloyalty are crimes against-
A. All o0f these B. Public security C. National Government
D. Public order E. National Security

95.) PO2 George caught Darwin one night in the act of removing the glass jalousies of
the window of the house of Romeo which was closed. Darwin had already detached
three glass blades. If he was arrested, what crime should book against him?
A. Attempted robbery B. Consummated theft
C. Attempted trespass to dwelling D. Consummated the trespass to
dwelling
E. Attempted theft

96.) SPO3 Estoesta surreptitiously placed a marijuana cigarette in the breast pocket of
the polo shirt of a student and then arrested the student for illegal possession of
marijuana cigarette. For what crime or crimes will the police officer be liable?
A. liable for incriminatory machination
B. liable for the complex crime of incriminatory
C. entrapment D. A and B E. None of these

97.) Atty. Mario Ferrer, a notary public issued a supposed copy of a deed of sale
between Dencio and Ptr. Castro, when in fact no such deed of sale was prepared by the
two. Atty. Galing is liable for-
A. Estafa B. Falsification C. Fraud
D. Forgery E. All of these

98.) During the pendency of his criminal case, Peter died due to heart attack. His
untimely death resulted in –
A. Termination of the proceedings B. Postponement of the case
 C. Suspension of the case D. Dismissal of the case for lack of
respondent
E. None of these

99.) Who represents the People of the Philippines in criminal cases on appeal before
the Court of Appeals or the Supreme Court?
A. Private Prosecutor B. City/ Municipal Prosecutor
C. Lawyers D. State Prosecutor E. Solicitor General

100.) When is evidence presented in court for admissibility considered relevant to the
issue?
A. None of these B. When it is not excluded by the rules
C. When it has a direct bearing and actual connection to the facts and issue
D. When it is not repugnant in taste E. When it is not immoral

1. The testimony of an expert is admissible if:

A. The subject under examination requires knowledge or experience
B. The witness is an expert who possesses special knowledge, skill, training or
experience on the particular subject under
C. All of the above
D. None of the above
2. Evidence of character of the deceased is admissible in homicide cases where his bad character
produces in the mind of the accused a reasonable belief of imminent danger to his life and that
prompt action to defend himself against unlawful aggression is necessary. However, character
evidence does not apply to:
A. Murder when the killing was aggravated by treachery or evident premeditation
B. Those charged with negligence since evidence of good reputation as a skillful, careful driver is
not admissible
C. In rape cases where the sexual intercourse complained of took place with force, intimidation or
violence
D. All of the above
3. Paraffin test can establish only:
A. The presence or absence of nitrates on the hand
B. It cannot establish that from this test alone the source of nitrates was the discharge of a firearm
C. The absence of nitrates on the hand of a suspect does not preclude a judgment where the
overwhelming evidence proves his guilt.
D. All of the above
4. X confided to Director Z that she committed adultery. The statement is admissible as evidence
because:
A. It was given not during a custodial investigation
B. It does not violate the constitutional right to remain silent or to counsel
 C. All of the above
D. None of the above
5. X, an accused in a rape case, admitted his guilt while being interviewed on T.V and radio. His
admission of his participation in a rape case before the presence of the TV crew and reporters is
admissible:
A. It was an admission not under custodial investigation
B. It was voluntarily given
C. All of the above
D. None of the above
6. The constitutional right to self-incrimination of a person does not apply to :
A. Measuring or photographing of the person
B. Removal or replacement of his garments or shoes
C. Requiring that the party moves his body to enable the foregoing thing to be done
D. All of the above
7. Y was beaten X to death, but before he died, he was brought by his grandmother to the hospital, limp
and bloodied. The grandmother had a hysterical outburst at the emergency room that Y was the one
who beat X. During the trial, the grandmother was already dead. The outburst is admitted as an
evidence of:
A. Dying declaration
B. Part of res gastae
C. The combination of A & B
D. All of the above
8. The medical certificate of a doctor who was not presented as a witness is not admissible and has no
probative value because:
A. Hearsay
B. The doctor must presented during the trial
C. All of the above
D. None of the above
9. X was charged with the crime of illegal possession of firearms without license. The prosecution to
sustain the conviction of the accused must prove:
A. The negative allegation of lack of license to posses firearm
B. The obligation exists even if the firearm is paltik
C. All of the above
D. None of the above
10. The judge in the trail actively participated in the direct and cross-examination. This is allowed
because the judged wanted to:
A. To find out the truth and do justice to the parties
B. T does not amount to a denial of the accused to a fair and impartial trial
C. The accused is not denied of due process
D. All of the

11. X was charged with illegal recruitment of eight (8) people. At the trail, only 5 were presented. X was
convicted. X questioned his conviction contending that the trial court violated his right to confront the
witness against him. X contention is not correct.
A. There is no law or rule making compulsory the presentation of a complaint as a witness
B. Confrontation applies only to witness who actually testify in a trail against the accused
C. All of the above
D. None of the above
12. What are the components of identification testimony?
A. Witnessing a crime, whether as a victim or a bystander involves perception of an event actually
occurring?
B. The witness must memorize details of the event
C. The witness must be able to recall and communicate accordingly
D. All of the above
13. What are the ways of out-of court identification of suspects conducted by the police?
A. Show-up, where the suspect alone is brought face with the witness for identification
 B. Mug shots, where photographs are shown to the witness to identify the suspect
C. Lie –ups, where a witness identifies the suspect from a group of persons lined-up for the purpose
of identification
D. All of the above
14. The English Exchequer Rule in Evidence was already abandoned or disregarded because the court’s
error as to the admission of evidence have caused prejudice to the accused and therefore requires a
new trail. The rule was superseded by the:
A. “Harmless Error Rule”
B. To prevent trial court error and prevent prejudice to the accused where judgment is rendered after
an examination of the entire record before the court, without regard to technical errors, defects
which do not affect the substantial rights of the parties.
C. All of the above
D. None of the above
15. A person is not qualified to testify if?
A. He has previously convicted
B. There exists a relationship between the victim and the witness
C. On account of the witness’ political belief or his creed
D. All of the above
16. When shall offer of evidence be made?
A. As regards the testimony of a witness, the offer must be made at the time the witness is called to
testify.
B. Documentary and object evidence shall be offered after the presentation of a party’s testimonial
evidence. Such offer shall be done orally unless allowed by the court to be done in writing.
C. All of the above
D. None of the above
17. X was presented as a witness by Atty. X without prior offer of his testimony. He was allowed by the
court to do so due to oversight. Atty. B, the counsel of the other party did not object but later on
contended that the testimony is inadmissible. Atty. B’s contention is not correct?
A. There is a waiver of the requirement
B. Atty. B. should have objected to the testimony of X for lack of formal offer of the testimony of X.
C. All of the above
D. None of the above
18. Circumstantial evidence is sufficient to convict if:
A. There is more than circumstance
B. The facts from which the inferences are prove
C. The combination of all the circumstances is such as to produce a conviction beyond reasonable
doubt
D. All of the above
19. Mrs. C was suspecting that her husband, a doctor had another woman. She raided her husband’s
clinic and obtained incriminating evidence against him, showing that he had another woman such as
love letters between her husband and the other woman. Rule on the admissibility of such evidence.
A. Not admissible
B. They are obtained by the wife in violation of the doctor’s right to privacy of communication and
correspondence
C. All of the above
D. None of the above
20. X was charged with the crime of falsification of private document. State the effect if the original is not
presented at the trail.
A. The accused should be acquitted for failure of the prosecution to produce the original of the
document
B. It violates the best evidence rule
C. All of the above
D. None of the above
21. X and Y are very good friends. Y has been asking X whether he was legally married with his wife to
which X has repeatedly evaded. One day X was stabbed and his friend Y rushed him and after
assisting him, Y reiterated his question to X whether the woman he was living was his legal wife.
 Conscious of his impending death, X admitted that said woman is only his mistress. Is the
declaration:
A. Dying declaration
B. Res gestae
C. Not a dying declaration and not part of res gestae
D. All of the above

22. Atty. X was the counsel for the plaintiff in an action to collect a sum of money. In the course of the
trial, Atty. X asked his witness to identify the loan agreement and promissory note executed by the
defendant. These documents were marked as Exh. “A” and “B”, respectively. The demand letter sent
to the defendant to settle his indebtedness was marked as exhibit “C” after the plaintiff identified said
document. After all the witness had completed their respective testimony, Atty. X made an offr of the
above documentary exhibits as follows:
Atty. X: your honor, I am ready to offer our documentary evidence.

Court: Proceed, Mr. Counsel.

I offer in evidence Exh. “A”,”b” and “C”,your honor. Did atty. X commit any error in the
manner by which he made an offer of the documentary evidence? Decide.

A. Atty. X failed to describe the purpose of each of his evidence;

B. He also failed to state the b. purpose of each of his evidence
C. All of the above
D. None of the above
23. The burden of proof rests upon the party who, as determined by the pleadings of the nature of the
case, asserts affirmative allegations of an issue. This in :
A. Criminal cases
B. Civil cases
C. Administrative cases
D. Special proceedings
24. The burden of proof as to the offense charged lies on the prosecution in;
A. Administrative cases
B. Civil cases
C. Criminal cases
D. Special proceedings
25. The order in the Examination of an individual witness:
A. Direct Examination by the proponent
B. Cross Examination by the proponent
C. Re- direct Examination by the proponent
D. All of the above
26. A question , which suggests to the witness the answer, which the examining party desires, is:
A. Misleading question
B. Leading question

27. The following are examples of evidence, which are not admissible.
A. Evidence relating to privileged communication
B. Hearsay evidence
C. Evidence obtained thru invalid warrants
D. All of the above
28. When is judicial notice discretionary? when the facts are:
A. Of public knowledge
B. Capable of unquestionable demonstration
C. Those that judges ought to know by reasons of their judicial functions
D. All of the above
29. The original document are:
A. The original of a document is one the contents of which are the subject of inquiry
B. When a document is in two or more copies executed at or about the same time. With identical
contents including signatures, all such copies are equally regarded as originals
C. When an entry is repeated in the regular course of business, one being copied from one another
at or near the time of the transaction, all the entries are likewise equally regarded as originals
D. All of the above
30. A private document is considered ancient when:
A. More than 30 years old
B. Is produced from a custody in which it would naturally be found if genuine;
C. Unblemished by any alterations or circumstances of suspicion;
D. All of the above
31. It is an instrument, which consists of the written official acts or records of the official acts of the
sovereign authority, official bodies and tribunals, public officers, whether of the Philippines, or of a
foreign country; documents acknowledged before notary public.
A. private document
B. Public document
C. All of the above
D. None of the above
32. The documents that do not need to be authenticated.
A. Public documents
B. Notarial documents
C. Ancient documents
D. All of the above
33. As a general rule, the following are not grounds for disqualification of testimonial evidence:
A. Religious belief
B. Political belief
C. Interest in the outcome of the case
Conviction of a crime

34. Under the rule of the Evidence , the grounds for disqualification of testimonial evidence are:
A. Mental incapacity
B. Death or insanity of evidence party
C. Privileged communication
D. All of the above
35. It is an act, declaration or omission as to relevant fact.
A. Confession
B. Admission
C. All of the above
D. None of the above
36. As a general rule, confession of a defendant or accused made to witness are admissible against him
but is admissible against his co-accused/ co-defendant except:
A. Confessions on the witness stand or in court
B. Identical confession, corroborated confessions
C. Confession by conspirator after conspiracy has been shown or proven
D. All of the above
37. It is a declaration wherein the testimony is favorable to the declarant, it is made extra-judicially, and it
is made in anticipation of litigation.
A. Admission
B. Confession
C. Self-serving declaration
D. None of the above
38. It is the declaration of the accused acknowledging his guilty of the offense charged, or any or the
offense necessarily included therein.
 A. Admission
B. Confession
C. Self-serving declaration
D. All of the above
39. The requisite of extra-judicial confession are:
A. Must invoke an express and categorical acknowledgement of guilt;
B. The facts admitted must be constitutive of a criminal offense;
C. Must have been made with the assistance of competent and independent counsel;
D. All of the above
40. An offer of components by the accused is admissible in evidence against as an implied admission of
guilt except:
A. Plea of guilty later withdrawn;
B. Unaccepted offer of a plea of guilty to a lesser offense;
C. An offer to pay or payment of medical, hosp[ital or other expenses occasioned by an injury;
D. All of the above

41. Under the rule, the right of a party cannot be prejudiced by an act, declaration or omission of another
is known as the res inter alios acta rule. However, such declaration, act or omission of another is
admissible:
A. By a partner/agent or person jointly interested with the party
B. By conspirator, by privies
C. All of the above
D. None of the above
42. It is a rule, which requires that a witness can testify only to those facts which he knows of his personal
knowledge.
A. Hearsay Evidence Rule
B. Best Evidence Rule
C. None of the above
D. All of the above
43. It is a statement whose probative value is independent of its truth or falsity. The mere fact of its
utterance is relevant.
A. Self-serving statement
B. Extra-judicial statement
C. Independently relevant statement
D. All of the above
44. The exceptions to the Hearsay Rule are:
A. Declaration against interest
B. Acts or declaration against pedigree
C. Commercial lists and the like, learned treaties
D. All of the above
45. As a rule, the opinion of a witness is not admissible except:
A. On a matter requiring special knowledge
B. Expert witness possessing skill not ordinarily acquired by ordinary witness;
C. Behavior or conditions or appearance of a person which he has observed;
D. All of the above
46. A general rule, character evidence is not admissible except in criminal cases such as:
A. Accused may proved his good moral character which is pertinent to the moral character which is
pertinent to the moral trait involved in the offense charged
B. Prosecution may only prove accused’s bad moral character to the moral trait involved in the
offense charged during rebuttal
C. The good or bad moral character of the offended party may be if it tends to establish in any
reasonable degree the probability or improbability of the offense proved.
D. All of the above
47. As a general rule, the party producing a witness is not allowed to impeach his own witness except:
A. Unwilling or hostile witness
B. A witness who is a n adverse party
Officer, Director or Managing agent of a public or private corporation

A. or of a partnership or association which is an adverse party

B. All of the above
48. An adverse party’s witness may be impeach:
A. By contradictory evidence
B. By evidence that his general reputation for truth, honesty or integrity is bad
C. By evidence that he has made at other times statements inconsistent with this
present testimony
D. All of the above
49. A leading question is one which suggests to the witness the answer which the examining party
desires. It is not allowed except:
A. On a cross examination ‘
B. On a preliminary matters
C. When there is difficulty in getting direct and intelligent answers who is ignorant, or a
child of tender years, feeble minded, deaf-mute; of an unwilling or hostile witness
D. All of the above
50. It is a question, which assumes as a true a fact not yet testified to by a witness, or contrary to that
which he has previously stated. It is not allowed:
A. Leading question
B. Vague question
C. Misleading question
D. All of the above
51. The rights of witness are:
A. To be protected from irrelevant, improper, or insulting questions, and from harsh or
insulting demeanor
B. Not to give an answer which will tend to subject him to a penalty for an offense
unless otherwise provided by law
C. Not to give an answer which will tend to degrade his reputation, unless it be to the
very fact at issue
D. All of the above
52. The court shall consider no evidence, which has not been formally offered. The purpose for which the
evidence is offered must be specified. This is known as:
A. Offer of evidence
B. Ruling on the evidence
C. Offer and objection
D. None of the above
53. The formal offer of the documentary and object evidence/exhibits is made:
A. During the presenting and marking of said evidence
B. During the pre-trial, during the trail
C. After the presentation of a party’s testimonial evidence
D. All of the above
54. The offer of the testimony of a witness is made at the time when:
A. The witness is called to testify

55. The tender of excluded evidence is made as follows:

A. If the documents or things excluded offered as evidence are excluded by the court,
the offeror may have the same attached to or made part of the record
B. If the evidence excluded is oral testimony, the offeror may state for the record the
name and other personal circumstances of the witness and the substance of the proposed
testimony
C. All of the above
D. None of the above
56. It is the duty of a party to present evidence on the facts in issue necessary to establish his claim or
defense by the amount of evidence required by the law.
 A. Burden of proof
B. Weight and sufficiency of evidence
C. Corroborative evidence
D. All of the above
57. The best evidence rule does not apply:
A. When the contents of the document are not the subject of inquiry
B. Where the only issue as to whether or not such document was actually executed or
not
C. Whether or not the document was delivered to the persons supposed to received it
D. All of the above
58. The due execution or existence of a document can be established by:
A. The person who was present and saw it executed
B. A person who saw the execution and recognized the signature after it was executed
C. Person to whom the parties to the instrument had previously confessed the execution
thereof
D. All of the above
59. The requirements in proving the contents of secondary evidence:
A. The original writing or document was in fact duly executed and delivered and duly
accepted
B. That it has been duly lost or destroyed
C. That upon proof of its execution and loss or destruction, the contents may be proved
by a copy, or by a recital of its contents in some authentic document, or by recollection of witness
D. All of the above
60. Carbon copies signed by the parties on the same occasion are considered:
A. Secondary
B. Original copy
C. All of the above
D. None of the above
61. The other names for object evidence:
A. Real evidence
B. Autoptic preference evidence
C. None of the above
D. All of the above
62. At the trail of “A” for violation of the Dangerous Drug Act, the prosecution offers in evidence a
photocopy of the marked P 1,000.00 bills used in the “buy-bust operation”. The photocopy of the
marked money is what kind of evidence?
A. Real evidence
B. Secondary evidence
C. Documentary evidence
D. All of the above
63. X filed a suit for damages against Y for derogatory remarks uttered by Y in a radio interview. At the
trail, the tape recording of the radio interview was asked by counsel of X to be played in court. The
tape recording is admissible as:
A. Object evidence
B. Documentary evidence
C. Incomplete evidence
D. All of the above
64. X was charged with rape with homicide. X offered P 1,00,000 as amicable settlement to the family f
the victim. The family refused. The offer of compromise made by X is admissible as:
A. Direct evidence to prove his guilt
B. Implied admission of his guilt
C. All of the above
D. None of the above
65. X was charged with homicide. Before the case could be tried, the heirs of the victim approached X
and discussed with him the possibility of settlement of the case and asked how much X was willing to
 pay. X offered P 50,000.00 and the heirs accepted the offered. The agreement and the offer of X of P
50,000.oo cannot be admitted as an implied admission of X for the reason that:
A. There was no offer of compromise made by X
B. it was made by the heirs of the victim
C. X offer was only to buy peace and should not be construed against him
D. All of the above
66. X was accused of having rape C. X offered to marry C. the offer X is an offer of compromise and this
is not allowed even in rape cases, which are not considered private crime. Consequently, the offer of
X is admissible as:
A. Extra-judicial confession of guilt
B. Express admission of guilty
C. Implied admission of guilt
D. All of the above

67. “A” while driving his car, ran over B. A visited B at the hospital and offered to pay for his
hospitalization expenses. Is the offer by A to pay the hospitalization expenses of B admissible as
evidence?
A. Not admissible in evidence as proof of the civil or criminal liability of A
B. An offer to pay hospitalization expenses is not admissible as proof of civil or criminal
liability
C. All of the above
68. X, Y & Z were charged in court for murder. When put together in jail, they engaged in recrimination,
blaming each other for the crime charged. The jail warden heard said conversation. During the trial,
the jail warden was presented to testify on the recrimination had among X, Y & Z. It is admissible as:
A. Independent relevant statement
B. Legal Hearsay
C. All of the above
D. None of the above
69. X is charged with frustrated murder of Y. the witness of the prosecution testified that he saw X
prepare the poison, which X poured into Y’s drink. X sought the disqualification of B as witness due to
the latter’s final conviction of perjury. Decide:
A. B is allowed to testify
B. Conviction of a crime is not a ground for disqualification as a witness
C. All of the above
D. None of the above
70. A and B are legally married. C kills A, the husband of B and is now on trial for homicide. During the
trial C called B (widow) to testify on statements made by A while under the consciousness of death. Is
B disqualified to testify as a witness? Decide.
A. B us a competent witness for the prosecution or defense
B. As to the dying declaration made to her by her deceased husband
C. All of the above
D. None of the above
71. In July 1999, D executed a promissory note in favor of A in the presence of P. D died in 1999, D
executed a promissory note in favor of A in the presence of P. D died in 1999 and in 2001, P sues D’s
administrator in court to collect the amount of the note because A has assigned the note to P. can P
and A to the execution of the note? Decide.
A. P & A cannot testify because this is a matter of fact occurring before the death of D
B. Not allowed under the Deadman’s Statute
C. All of the above

72. A goes to the confessional box and made a confession to the priest that the he killed Z, but B, the
sacristan, overhead the confession. Can B testify? Decide.
A. The disqualification rule applies only between priest and penitent
B. Not to sacristan who heard the confession
C. All of the above
 D. None of the above
73. The administrator of the instate estate of X files a case for partition/accounting/damages among
brothers and sisters. During the trial, the administrator objected to the defendants’ testimony against
deceased X. Decide.
A. The defendants testimony is admissible
B. The case filed by the administrator is not the estate or the administrator
C. The dead man’s statute does not apply in this case
D. All of the above
74. During custodial investigation at the Police. M was informed of his constitutional right to remain silent
and to have competent and independent counsel. He decided to waive hid right to counsel and
proceed to make a statement admitting commission of a case of homicide. In the same statement, he
implicated C, his co-conspirator in the crime. Is the statement of M admissible? Decide.
A. the statement of M is not admissible
B. The waiver of counsel was not made in the presence of counsel
C. It is not also admitted against C even if conspiracy is proven between M & C as the
statement was made after the conspiracy had already ceased
D. All of the foregoing
75. A was stabbed in the chest. He immediately called for help and policemen promptly approached him.
He told the policemen that he felt he would die from the serious wound inflicted on him by D who has
a grudge against him. He was brought to a hospital for treatment where the same day he was shot
and killed by someone whose identity could not be established by an eyewitness. Eventually, D was
charged in court for the death of A. the prosecution had to rely its case on circumstantial evidence. At
the trial the policemen was presented to testify on the declaration made to him by A. Is the
declaration of A admissible as a dying declaration or part of the res gestae?
A. Not admitted as a dying declaration because the cause of death of A was due to
gunshot wound and not stabbing.
B. Not also part of res gestae because D was charged with the death of A and the
cause of the death of A was not the stabbing of D.
C. All of the above
D. None of the above
76. Two (2) hours after Y was shot with a 45-caliber pistol, his employer in the hospital where he was
immediately brought for treatment after he was shot visited him. Immediately, after recognizing his
employer, Y told his employer that X shot him. The employer, being a law graduate of Manila Law
College, took the initiative to taking in longhand the statement of Y. Y narrated the facts surrounding
the shooting and positively X as the gun wielder, witnessed by his employer and his attending
physician and nurse, Y signed the statement taken by his employer based on his narration of what
actually happened. Ten (10) days later, Y died as consequence of the gunshot wound. After the
preliminary investigation, X was charged for murder in court. Decide the nature of the declaration of
Y.
A. Not a dying declaration because the statement was given not under a consciousness
of impending death;
B. Not also a part of res gestae because it was not made immediately after the startling
occurrence but 2 hours after the shooting;
C. It is not considered as an independent relevant statement because the same is being
presented to established the truth and the merely the tenor of the declaration;
D. All of the foregoing
77. In an extra-judicial confession executed before the NBI, A charged with murder, voluntarily admitted
the charged. After the conduct of preliminary investigation, A, B & c vehemently denied the charged.
During the trial, counsel of B & C vigorously objected to A’s testimony in court implicating his co-
accused. Is the testimony of Z in court admissible? Decide.
A. A’s testimony during the trial is admissible
B. As an exception to hearsay rule
C. Considering that the confession is a judicial confession or made in a joint trial;
D. All of the above
78. “W” filed charges of concubinage against her husband “H” and his paramour “M”. May the court allow
or give weight to the P 200,000.00 diamond ring which “H” had offered to “W” as a compromise
provided “W” desist from filing the concubinage charge. Decide.
A. The offer of the diamond ring as a compromise is admissible
B. It is an implied admission of “H” guilt;
C. Concubinage is not one of those to be compromised as it does not fall as a criminal
or quasi delict case
D. All of the above
79. A husband was accused of homicide because he allegedly killed the illegitimate child of his wife with
another man. At the trial, the wife was presented as a witness for the prosecution, but the court, upon
objection of the husband did not allow the wife to testify? Decide.
A. The court did not act correctly
B. The wife should be allowed to testify against her husband as an exception to the
marital disqualification rule;
C. The husband was accused of killing the illegitimate of his wife which is considered as
a crime committed against his wife’s descendant;
D. All of the foregoing
80. “X” had a disagreement with “Y” and “Z” over a parcel of land. The exchange of words led to a bolo
duel between “X” and “Y” in whom was killed and “Y” was fatally wounded. Before “Y” in duel.
Thereafter a case of homicide was filed against “Z” on the theory that the he participated in the killing
of “X”, “Z” offered as a part of his defense the written statement of “Y”. Could it be admitted as a dying
declaration or could it be admitted a s another exception to the hearsay rule? Decide.
A. Y’s declaration is not admissible as a dying declaration because it was not the
declaration of victim X whose death is the subject of inquiry:
B. Y is the assailant and not the victim; but the declaration of Y is a declaration against
interest;
C. All of the above
D. None of the above
81. Two days before the victim of a stabbing incident died, he made statement to the police identifying
the person who had stabbed him. When asked by the police, the victim added that he did not know if
he was going to survive, because the many stab wounds he sustained were very painful. What is the
nature of the declaration of the deceased? Decide
A. Not a dying declaration because it was not made under consciousness of an
impending death;
B. Admitted as part of res gestae
C. All of the above
82. A found by his wife C dying of gunshot wounds. Under a consciousness of impending death, A,
before he collapses, whispers top his wife C,D shot me because he discovered that his wife, E, is my
mistress. C goes to the police and makes a sworn statement, to include the information whispered to
her by A. A did not die due to timely medical attendance. D is now charged with frustrated murder.
What is the nature of A’s declaration? Decide
A. not dying declaration because the declarant did not die
B. The declaration is admissible as part of the res gestae because the statement was
made spontaneously after a stabbing incident;
C. It was made before A had time to contrive;
D. All of the above
83. A group of 3 persons, A, B & C robbed a house. When they were fleeing after the robbery, they were
intercepted by the police and as a result A was mortally wounded. Before he died, but conscious of
his impending death, A admitted participation in the robbery, and named B and C as his companions.
Hence, B & C were charged for the death of the policeman? What is the nature of the declaration of
A? Decide.
A. Not a dying declaration because the subject of inquiry is the death of the policeman;
B. The declaration does not refer to A’s death, neither is the inquiry about A’s death
C. All of the above
D. None of the above
84. X and Y are very good friends. Y has been asking X whether he was asking X he was legally married
with his wife to which X has repeatedly evaded. One day X was stabbed and his friend Y rushed to
him and after assisting him, Y reiterated his question to X whether the woman he was living was his
legal wife. Conscious of his impending death, X admitted that said woman is only his mistress. Is the
declaration or res gestae? Decide.
A. Not a dying declaration
B. The declaration has nothing to do with the circumstance surrounding X’s death;
C. All of the above
D. None of the above
85. The rule, which states that a person may not be compelled to testify on the ground of parental or filial
privilege, covers.
A. Parents
B. Others descendants
C. Children or other direct descendants
D. All of the above
86. X was approached by Y. X later on shouted “array”. He was brought to the hospital where he
whispered to Z the name of the person who shot him. He died two (2) hours later. The nature of his
declaration is:
A. Dying declaration
B. Res Gestae
C. Declaration against interest
D. A&C
87. X was raped by A, B & C. She gave birth to child. Who should be compelled to recognize the child in
a multiple rape?
A. B
B. C
C. A
D. All of the Above
88. The examination of witness presented in trial or hearing shall be done;
A. In open court
B. Under oath or affirmation
C. All of the above
D. None of the above
89. A court shall take notice without the introduction of evidence and this is known as mandatory judicial
notice; while a court may take judicial notice of matters, which are of:
A. Public knowledge
B. Capable of unquestionable demonstration
C. Ought to be known to judges because of their judicial functions;
D. All of the above
90. A witness may be considered as unwilling or hostile only if so declared by the court upon adequate
showing of:
A. His adverse interest
B. His having mislead the party calling him to the witness stand
C. Unjustified reluctance to testify
D. All of the above
91. The grounds for disqualification of testimonial evidence are:
A. Religious belief
B. Political belief
C. Interest in the outcome of a case
D. All of the above
92. It is an extra judicial confession independently made without collusion, which are identical with each
other in their material respects and confirmatory of the other.
A. Interlocking confession
B. Adopted confession
C. All of the above
D. None of the above
93. The following are not admissions of liability or guilt and are therefore not admissible in evidence:
A. Plea of guilty later withdrawn
B. Unaccepted offer or plea of guilty to a lesser offense
C. All of the above
94. It is a statement whose probative value is independent of its truth or falsity. The mere fact of its
utterance is relevant.
A. Hearsay statement
B. Independent relevant statement
C. All of the above
D. None of the above
95. It is one, which assumes as true, a fact not yet testifies to by the witness, or contrary to that which he
has previously stated. It is not allowed.
A. Leading question
B. Misleading question
C. Vague question
D. All of the above
96. It is the examination of a witness by the party presenting him on the facts relevant to the issue.
A. Cross exam
B. Direct exam
C. Re-direct exam
D. Re-cross exam
97. Upon the termination of the direct exam, the witness may be examined by the adverse party to test
his accuracy and truthfulness and freedom from interest and bias, to elicit all-important facts bearing
upon the issue.
A. Re-direct exam
B. Cross –exam
C. Direct exam
D. All of the above
98. After the cross exam of the witness, he may be examined by the party calling him, to explain or
supplement his answer given during the cross exam.
A. Re-direct exam
B. Recross exam
C. Direct cross
D. Cross exam
99. Upon the conclusion of the re-direct exam, the adverse party may examine the witness on matters
stated in his re-direct.
A. Re-cross exam
B. Re-direct exam
C. Cross exam
D. Direct exam
100. It means moral certainty or that degree of proof, which produces conviction in an
unprejudiced mind.
A. Reasonable doubt
B. Moral certainty
C. Corpus delicti
D. All of the above

101. All of the following are matters of pre-trial, except:

A. plea bargaining
B. number of witness
C. stipulation of facts
D. deposition
 102. What is Penal Code of the Philippines?
A. Act 3815
B. Act 8315
C. PD 698
D. PD 1508
103. Motion for reconsideration is also -
A. Motion for review
B. Notice to appeal
C. Demurrer to evidence
D. Motion to quash
104. The practice of issuing “invitation” to a person who is to be investigated and
believed to have committed an offense is subject for custodial investigation”. What
law is this related?
A. RA 7659
B. RA 7613
C. RA 7491
D. RA 7438
105. The following are elements of indirect assault EXCEPT:
A. That the offended party is the agent of person in authority
B. That the direct assault is against the person in authority
C. That the offended party having premeditation and injured the officers
D. That the offended party is a Police Officer
106. What is the minimum number of perpetrators needed before a crime may be
considered as committed by brigandage?
A. Five
B. Four
C. Three
D. Two
107. These are types of Arbitrary Detention, except -
A. Delayed Detention
B. Illegal Detention
C. Delaying Release
D. Arbitrary Detention Proper
108. There is violation of neutrality when the following elements are present, except -
A. There is a war in which the Philippines is involved
B. There is a regulation issued by competent authority for the purpose of
enforcing neutrality
C. The offender violates such regulation
D. The Philippines belongs to Axis Power
109. In robbery committed by a band, at least how many malefactors are armed?
A. 3
B. 4

1. It is an act that produces a series of crimes.

A. index
B. complex
C. compound
D. continuous
2. It refers to the division of law which defines crimes threats of their nature and provide for
their punishment.
A. civil law
B. criminal law
C. procedural law
D. substantive law
3. When the party acknowledges the existence of the truth of the fact in issue, there is
________.
A. admission
B. narration
C. confession
D. declaration
4. Every person owing allegiance to the government of the Philippines, without being a
foreigner, and having knowledge of any conspiracy against them, who conceals or disclose
any information of act to commit conspiracy on treason is liable on:
A. Treason
B. Rebellion
C. Misprision of treason
D. Sedition
5. A person may enjoy the effect of retroactive of penal law if it is favorable to him.
A. Partly True
B. Wholly True
C. Partially False
D. Absolutely False
6. Jez and Joel entered a military establishment and obtained information. They also took
photographs of themselves that has background on confidential in nature. They can be
liable to what crime?
A. Treason
B. Sedition
C. Espionage
D. Sabotage
7. The solemn and formal declaration that a person is to tell the truth is referred to as _______.
A. Oath
B. declaration
C. affirmation
D. pledge
8. When Pedro stabbed the corpse due to jealousy, he can be liable of -
A. Impossible crime
B. Continuing crime
C. Complex crime
D. Compound crime
9. Upon the termination of the examination, the witness may be examined by the ________.
A. Adverse party
B. Prosecutor
C. Counsel
D. Judge
10. What crime could personnel of a post office who destroyed a foreign mail and stole the
content of it?
A. Destroying of document
B. Malicious mischief
C. Theft
 D. Qualified theft
11. All of the following are continuous crimes, except:
A. Theft
B. Robbery
C. Estafa
D. Treason
12. Which evidence affords the greatest certainty?
A. Conclusive Evidence
B. Real or Object Evidence
C. Instrumental Evidence
D. Parole Evidence
13. The word “ELIGIT” best means -
A. a writ of command
B. a writ of execution
C. a writ of judgment
D. a writ of arrest
14. Which of the crimes below has the penalty of 6 months?
A. libel
B. physical injury
C. theft
D. oral defamation
15. Possession and use of a counterfeit credit card is punishable under -
A. RA 8484
B. RA 8253
C. RA 8294
D. RA 9344
16. The following crimes are classified as Physical injury, except -
A. abortion
B. maltreatment
C. mutilation
D. serious physical injuries
17. The following is the purpose in committing a crime of Brigandage, except -
A. Kidnapping for the purpose or extortion
B. Robbery in the highway
C. Theft in the highway
D. Kidnapping for the purpose of demanding money
18. Which of the following is not a crime against the fundamental law of the state?
A. Illegal detention
B. Delaying release
C. Expulsion
D. Violation of domicile
19. One of the following is not an element of murder, It is -
A. The killing is not attended by passion or obfuscation
B. That the person accused was killed
C. That the accused killed the person
D. The killing does not constitute parricide or infanticide
20. It refers to the authority of the court to hear or determine a case.
A. execution
B. jurisdiction
C. hearing
D. decision
21. The declaration of a dying person made without consciousness of his impending death can
qualify as -
A. dying declaration
B. an allegation
C. a statement
D. part of the res gestae
22. In premature marriage, upon the reckoned of the death of the husband, how many days the
widow will be open for marriage?
A. 301 days
B. 501 days
C. 101 days
D. 201 days
23. Mr. A is a driver of a tricycle who was drunk at that time and very reckless in driving,
because of this Mr. B, his passenger pointed a gun at A. What was the crime committed?
A. Threat
B. Driving under the influence of liquor
C. Grave threat
D. Speeding
24. It the offender demands money from the offended party and obtained it, the offender can be
liable of -
A. Threat
B. Grave coercion
C. Light coercion
D. Grave threat
25. Which evidence is adequate for the proof of the fact until contradicted and overcome by
other evidence?
A. direct
B. positive
C. conclusive
D. prima facie
26. Which of the following is wrong?
A. 9-15 years old is not criminally liable
B. Under 15 years is criminally liable
C. 18-70 years old are criminally liable
D. Over 70 years old mitigates or criminal liability
27. Forging the signature of the Chief executive in order to pardon the convict maybe liable for -
A. falsification
B. qualified theft
C. counterfeiting
D. forgery
28. If a public officer arrest a person who has not committed any crime with the intention of
bringing him before the judge and the person arrested was supposed to be charged in court
but no charge is made. The crime committed is -
A. Arbitrary detention
B. Coercion
C. Illegal detention
D. Unlawful arrest
29. One of the following is not a crime against national security.
A. Treason
B. Flight to enemy country
C. Misprision of treason
 D. Espionage
30. In forgery, the following elements must be present:
1. the signature of the president must be forged by another person
2. the forge is done by the forger
3. the forger is known by the forger
4. the forged signature is owned by the forger
A. 2, 3
B. 1, 2
C. 1, 3, 4
D. 1, 2, 3, 4
31. Mr. Joma and Sinko went for drinking spree. After they were drunk they went home using
the motorcycle of Mr. Sinko. While on their way, a guard noticed the movement of their
motorcycle that runs unusual, the guard offers assistance but Mr. Joma recognized that the
guard was his long time enemy so he pointed a gun at the guard. Another guard seen the
event and managed to call the Police and the two were apprehended. What is the liability of
Mr. Sinko?
A. Grave threats
B. Light threats
C. Driving under the influence of liquor
D. Carnapping
32. Mr. A,B,C went to Manila to visit their friends. Unknowingly, Mr. C lost his P500.00 in the bus
while on their way to Manila. Mr. C confronted Mr. B, who was his seatmate at the bus. Mr.
B denied the allegation, and immediately he was stabbed by Mr. C. What crime was
committed by Mr. C?
A. Malicious mischief
B. Robbery
C. Frustrated homicide
D. Physical injuries
33. During preliminary investigation, the accused is allowed to apply for bail. The statement is -
A. False
B. Wholly False
C. Wholly True
D. True
34. In what instance may the offended party NOT be allowed to institute criminal action if he has
consented or pardoned the offender?
A. Concubinage, bigamy
B. Adultery, concubinage
35. These are the elements of inciting to Rebellion, except:
A. Offender take arms or in open hostility against the government
B. The offender does not take arms or is not open hostility against the government
C. Incites another to the execution of any of the act of rebellion
D. Inciting was done by means of speeches
36. It simply means a written or printed accusation of a crime.
A. indenture
B. indictment
C. indictable offense
D. indexation
37. It refers to a doctrine of Roman law adopted by the Philippine jurisprudence based on
absolute power of the head of the family, who above all had full legal capacity.
A. parens patrias
B. pax rigis
 C. pendens lis
D. patria potestas
38. Art 125 of the RPC speaks on delay in the delivery of detained persons to the proper judicial
authorities. The meaning of the phrase shall fail to deliver such person is -
A. Failure to surrender the accused to the police station.
B. Failure to bring the accused to the court
C. Failure to use the fastest means of transportation to speed up the case.
D. Failure to charge/file complaint/information against the accused
39. If Police Officer 1 Mendoza prevented a religious ceremony of the Roman Catholics
because he doesn’t want his wife to attend such occasion. PO1 Mendoza is liable for -
A. Art. 131. Prohibition, interruption and dissolution of peaceful meetings
B. Art, 132. interruption of religious worships
C. Art 132 interruption and dissolution of peaceful meetings
D. Art 133 offending the religious feelings.
40. “Ignorantia legis non excusat” is interpreted as ignorance of the law excuses no one, “id
certum est quod certum redid potes” is the same as -
A. In every rule, there is an exception.
B. In every law, it has its interruption.
C. That is certain which can be made certain
D. That in violation of the law or rule, it has to be punished.
41. What is the Latin term of the phrase “against a person”?
A. in pari materiia
B. in pais
C. in personam
42. Mr. Villamayor is an ordinary citizen residing at Salvacion, Bayombong. He was appointed
by the mayor of the same municipality to be policeman. Mr. Villamayor doesn’t have police
uniform and is rendering service without pay. Mr. Villamayor is -
A. a person in authority
B. agent of person in authority
C. best considered as police aide
D. trying hard to become police
43. Considering that a person is a postmaster, can he/she be considered a person in
authority/agent or person in authority?
A. person in authority because he directs the post service
B. person in authority because he represent the whole agency
C. agent of person in authority because he is only agent of the director of post.
D. agent of person in authority because he is an assistant
44. Mr. Vicente is very strict instructor in classroom. When he was outside, he was attacked by
his former student in criminal law. The attacker is -
A. liable for direct assault
B. liable for indirect assault
C. liable for Art, 148 RPC
D. not liable for serious physical injuries.
45. Mr. Guay was elected as barangay councilman at Salvacion. He was lucky also to be the
Head/Chairman of the peace and order committee. He is -
A. a person in authority because he heads the committee.
B. An agent of person in authority
C. Both in authority and agent of person in authority.
D. An executive council for peace
46. Enumerated below are persons in authority, except: (none)
A. division superintendent of schools, municipal councilor
 B. fiscal, public and private school teachers
C. Teacher-nurse private school teachers.
D. Judges, sheriff
47. What is the maximum period of Arresto Mayor?
A. 1 month and 1 day to 2 months
B. 2 months and 1 day to 4 months
C. 4 months and 1 day to 6 months
D. 6 months and 1 day to 12 years
48. Reclusion temporal: 12 years and 1 day to 20 years: Prison Mayor:
A. 6 years and 1 day to 12 years
B. 8 years and 1 day to 10 years
C. 6 months and 1 day to 1 year
D. 4 years and 1 day to 6 years
49. The word “Talaq” in criminal law is closely related to -
A. Repudiation
B. Retaliation

50. The first code that was implemented in 2000 BC is the Hammurabi Code. This was followed
by -
A. Mosaic Code (Israelites)
B. Justinian Code
C. Twelve Tables
D. Kalantiao Code
51. What do you call the civil action in which an individual ask to be compensated for personal
harm?
A. tort
B. “pay back ” method
C. Actual damage
D. Damage fire
52. What do you call the making of false and injurious statements?
A. libel
B. slander
C. oral defamation
D. perjury
53. In a land dispute case the defendant is required to pay damage when the trial judge finds
that he/she committed the wrong. In what degree of proof the case is to be judged?
A. preponderance of evidence
B. beyond reasonable doubt
C. when suspect is guilty
D. when suspect is innocent
54. Intending to steal some jewelry and silver, a young man breaks a window and enters
another house at 10:00 pm. It is a -
A. robbery
B. robbery with force
C. qualified robbery
D. burglary
55. What crime is committed when a woman bought some poison and pours it into a cup of
coffee her husband is drinking intending to kill him with a motive to get the insurance of the
victim (U.S.)?
A. murder
 B. attempted murder
C. first-degree murder
D. manslaughter
56. Identify the crime with these facts: A husband coming home early from work finds his wife in
bed with another man. The husband goes into a range and shoots and kills both lovers by a
gun he keeps by his bedside. What crime is committed (In the U.S.)?
A. murder
B. manslaughter
C. first degree murder
D. voluntary manslaughter
57. A drug company sells larger-than-normal quantities of drugs to a doctor, knowing that the
doctor is distributing the drugs illegally. The drug company is guilty of -
A. illegal production of goods
B. conspiracy
C. illegal distribution of medicines
D. sabotage
58. These are crimes which involves violation of statutory laws that reflect current public opinion
and social values.
A. mala inse
B. mala prohibita
C. mens rea
D. mala prohibitum
59. In most situations, for an act to constitute a crime, it must be done with criminal intent.
Criminal intent is -
A. mala inse
B. mala prohibita
C. mens rea
D. mala prohibitum
60. What is that rule as to jurisdiction over crimes wherein crimes committed are not triable in
the courts of the Philippines, unless their commission affects the peace and security of the
territory or the safety of the state is endangered?
A. Jurisdiction rule
B. French rule
C. English rule
D. American rule
61. The court jurisdiction that says crimes are triable in that country, unless they merely affect
things within the vessel or they refer to the internal management thereof.
A. Jurisdiction rule
B. French rule
C. English rule
D. American rule
62. All acts and omissions punishable by law are called -
A. crimes (dolo)
B. felonies (delitos)
C. felonies (culpa)
D. felonies (dolo)
63. The maxim: “Actus no facit reum, nisi mens sit rea,” best means that -
A. The law is applied equally to all men
B. A crime is not committed if the mind of the person is innocent
C. There’s no crime committed when there’s no law punishing it
D. A crime is committed if all the necessary elements are present
64. The phrase “ignorance of the law excuses no one” from compliance therewith is from the
Latin maxim -
A. Ignorantia facti excusat
B. Ignorantia legis non excusat
C. Ignorantia excusat re
D. Ignorantia nulla poena excusat
65. What is the title of the case where there was a mistake of fact without any fault or
carelessness on the part of the accused?
A. People vs. Beronilla
B. People vs. Oanis
C. People vs. De Fernando
D. US vs. Ah Chong
66. In apprehending even the most notorious criminal, the law does not permit the captor to kill
him. It is only when the fugitive from justice is determined to fight the officers of the law who
are trying to capture him and killing him would be justified.” This paragraph speaks of the
case of -
A. People vs. Beronilla
B. People vs. Oanis
C. People vs. De Lima
D. US vs. Ah Chong
67. A good case of the doctrines that “el que es causa dela es causa del mal causado” (he who
is the cause of the cause is the cause of the evil cause).
A. People vs. Luces
B. People vs. Oanis
C. People vs. Ural
D. People vs. Bindoy
68. If Ms. Bestre bought poison from a Drugstore, in preparation for the killing of her rival in
winning the heart of Mr. Right. One below is true based from the facts presented.
A. The act is considered as overt act
B. Such act is preparatory act
C. It has direct connection with the crime of murder which Ms. Bestre intended to commit.
D. The purchased poison is to be used in killing rats or insects
69. Somnambulism or sleep-walking, whose acts of the person afflicted are automatic, is
embraced in the plea of insanity must be clearly proven. Somnambulism speaks on -
A. Imbecility
B. Insanity
C. Lack of intelligence
D. Lack of imprudence
70. When a person is suffering from a form of psychosis, wherein homicide attack is common
because of delusions that he is being interfered with sexually, of that his property is being
taken.
A. Hypnotism
B. Kleptomania
C. Epilepsy
D. Dementia praecox
71. These are those where the act committed is a crime but for reasons of public policy and
sentiment, there is no penalty imposed.
A. absolutory cause
B. personal knowledge
C. criminal liability
D. inseparable cause
72. Ordinary mitigating is susceptible of being offset by any aggravating circumstance: while
privileged mitigating can be offset by aggravating circumstance, this statement is -
A. true
B. false
73. The condition of running amuck is -
A. Mitigating
B. Aggravating
C. Not mitigating
D. Not aggravating
74. The kind of aggravating circumstance that is necessary to accompany the commission of
the crime.
A. Specific
B. Inherent
C. Aggravating
D. Qualifying
75. All criminal actions commenced by a compliant or by information shall be prosecuted under
the direction and control of the -
A. Prosecutor
B. Private Prosecutor
C. Public Prosecutor
D. Provincial Prosecutor
76. It refers to such amount of evidence which suffices to engender a well-founded belief “that a
crime has been committed and that the respondent is probably guilty thereof.”
A. Preponderance of evidence
B. Quantum of evidence
C. Beyond reasonable doubt
D. Factum probandum
77. It refers to that amount of evidence which would be sufficient to counter-balance the general
presumption of innocence and warrant a conviction, if not countered or controlled by
evidence trending to contradict it and render it improbable, as to prove other facts
inconsistent with it.
A. Quantum of evidence
B. Factum probandum
C. Prima-facie evidence
D. Physical evidence
78. Which of the following is true about COMELEC in relation to preliminary investigation?
A. The commissioners are authorized to conduct preliminary investigation
B. The COMELEC, through its officers can conduct preliminary investigation of criminal
violations of the COMELEC Election Law.
C. The COMELEC is not authorized to conduct preliminary investigation
D. Some of the above
79. It is an obligation of record, entered into before some court or magistrate duly authorized to
take it, with the condition to do some particular act, the most usual condition in criminal
cases being the appearance of the accused for trial.
A. Bail
B. Surely bail
C. Recognizance
D. Corporate bail
80. For how many days the arraignment shall be held from the court acquires jurisdiction over
the person of the accused?
A. 10 days
 B. 30 days
C. 15 days
D. 60 days
81. Which of the following enumeration is an example of an afflictive penalty?
A. Fine
B. Arresto mayor
C. Prision mayor
D. Arresto menor
82. Sheena Roberts is the custodian of the government property of the municipality of “x”.
Through her negligence, some of the stored properties were missing, presumably taken by
other people. Sheena maybe guilty of -
A. Dereliction of duty
B. Negligence in the performance of duty
C. Imprudence as the custodian officer
D. Connivance with the person who stole the properties
83. Who represents the People of the Philippines in Criminal Cases on appeal before the court
of Appeals or the Supreme Court?
A. Private prosecutor
B. City/municipal prosecutor
C. State prosecutor
D. Solicitor-general
84. What is the remedy of the court when the offense is less serious physical injuries and the
offense proved is serious injuries and the defendant may be convicted only of the offense as
charged?
A. Do not dismiss the action
B. Do not dismiss the action but should order the filing of new information
C. Dismiss the action
D. Stay with the action and decide accordingly to avoid double jeopardy
85. In case of oral defamation, where the priest is the only available witness, can a priest testify
as to the alleged defamatory words given to him by the accused during confession?
A. Privilege can be given by a patient to a doctor
B. Privilege given to a husband to a wife
C. Privilege communication given to an attorney by a client
D. Privilege communication given by a confessor to a priest
86. What is the effect of the absence of lawyer during promulgation?
A. The presence of the lawyer during promulgation is required
B. The presence of the lawyer is not needed when the charge is a light offense.
87. When a judgment does become final?
A. After the lapse of period of perfecting an appeal 15 days.
B. When the sentence has partially or totally satisfied
C. When the accused waived his right to appeal.
D. Some of the above
88. Is the forerunner of the Regional Trial Courts (RTC)?
A. Interior Court
B. First level court
C. Court of First Instance
D. Court of Appeal
89. A counsel de officio shall be designated or appointed by the Clerk of Court of Appeals, if
based from the transmitted records of the appealed case, it appears that -
A. The accused-appellant is confined in prison
B. He has counsel de parte
 C. He did not signs the notice of appeal himself
D. Some of the above
90. Are there how many working divisions in the Court of Appeals in Manila?
A. 15
B. 16
C. 17
D. 18
91. Which of the following is true?
A. Rule 45 refers to ordinary appeal cases
B. Rule 46 refers to oral argument
C. Rule 47 refers to new trial
D. Rule 48 refers to preliminary conference

1. Sworn  written statement charging a person with an offense, 

    subscribed by  the offended party, any peace officer or other 
    public official charged with the enforcement of the law violated.
       A. Information
       B. Complaint
       C. Affidavit
       D. Memorandum

2. Accusation in writing charging a person with an offense,

     subscribed by the fiscal and filed with the court.
       A. Information
       B. Complaint
       C. Affidavit
       D. Memorandum

3. ____and____ courts gain jurisdiction over the offense upon 

    the filing of complaint by a complainant or an information by 
    the prosecuting officer.
       A. MTC and CA
       B. MTC and SC
       C. MTC and SB
       D. MTC and RTC

4. Jurisdiction of the court over the offense is determined

       A. At the time of the institution of the action
       B. At the time of the arrest of the accused
       C. At the time of voluntary surrender of the accused
       D. At the time of the commission of the offense

5. Which of the following is false.

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

6. Remedies of offended party when fiscal unreasonably

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

7. In Municipal Trial Courts and Municipal Circuit Trial Courts

    criminal actions are instituted by
       A. By filing a complaint with the appropriate officer for the 
            purpose of conducting requisite preliminary investigation 
           therein. 
       B. By filing the complaint ONLY with the office of the fiscal
       C. By filing the complaint or information directly with said 
            courts, or a complaint with the fiscal’s office
       D. None of the above

8. Which of the following offenses is subject to summary

     procedure.
       A. Violation of traffic laws
       B. Violation of municipal or city ordinance
       C. Violation of rental laws
       D. All of the above

9. In criminal cases covered by the rules on summary procedure

    shall be deemed commenced only when it is filed in
       A. The Prosecutor's office
       B. Lupon of the Barangay
       C. The Court
       D. None of the above

10. The filing of the complaint even with the fiscal’s office 
      should suspend the running of the Statute of Limitations.
      This is
       A. True
       B. False
       C. Partially false
       D. None of the above

11. Information may be amended as to the name of the

      accused, but such amendment cannot be questioned for 
      the first time on appeal.
       A. True
       B. Partially true
       C. False
       D. Partially false

12. Conviction for robbery cannot be sustained if there is a 

      variance between the allegation and the proof as to the
      ownership of the property stolen.
       A. True
       B. False
       C. Partially false
       D. Partially true

13. If facts do not completely allege all the elements of the 

      crime charged, the info may be quashed; however, the 
      prosecution is allowed to amend the info to include the
      necessary facts.
       A. True
       B. Partially true
       C. False
       D. Partially false

14. Information need only allege facts, not include all the
      evidence which may be used to prove such facts
       A. True
       B. False
       C. Partially true
       D. Partially false

15. Approximation of time is sufficient; amendment as to time 

      is only a formal amendment; no need to dismiss case.
       A. True
       B. False
       C. Partially true
       D. Partially false

16. Qualifying and inherent aggravating circumstances need

       to be alleged as they are integral parts of the crime.
       If proved, but not alleged, become only generic 
       aggravating circumstances.
       A. True
       B. False
       C. Partially true
       D. Partially false

17. Conviction may be had even if it appears that the crime

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

18. In which of the following cases may only the offended

       spouse may file the complaint.
       A. Rape
       B. Seduction
       C. Adultery and Concubinage
       D. Acts of lasciviousness

19. Defined as the joinder of separate and distinct offenses in 

      one and the same information/complaint
       A. Motion to Quash
       B. Duplicity of offense
       C. Double Jeopardy
       D. None of the above

20.The civil action involves an issue similar or intimately 

      related to the issue raised in the criminal action.
       A. Duplicity of offense
       B. Double Jeopardy
       C. Prejudicial question

1. The SC ruled the illegally obtained evidence is inadmissible in state

    criminal prosecutions in the famous case of
 
      A. Miranda vs Arizona
       B. Otit vs Jeff
       C. Mapp vs Ohio
       D. Milkey vs Wett  

2. It is defined as a remedy or process by which a child born out of 

    lawful wedlock and are therefore considered illegitimate are by 
    fiction   of law considered by subsequent valid marriage of the 
    parents.

       A. Adoption
       B. Legitimation
       C. Foster parenting
       D. Naturalization  

3. What is the Latin term for criminal intent?

 
      A. Mens Rea
       B. Magna Culpa
       C. Inflagrante Delicto
       D. Mala Vise   

4. What should be conducted in order to determine whether a case 

    falls under the jurisdiction of the regional Trial Court?
 
      A. Inquest proceeding
       B. Preliminary conference
       C. Preliminary investigation
       D. Search and Seizure  

5. For offense falling under the jurisdiction of Municipal Trial Courts 

    and Municipal Circuit trial courts, prosecution is instituted
   
       A. By filling a compliant with the Regional Trial Court
       B. By filing a complaint directly with the court
       C. By filling a complaint with the chief of Police in the 
           municipality
       D. By filling a complaint with the fiscal for preliminary 
           investigation   

6. Intervention of the offended party in the criminal action is not 

    allowed in the following instances EXCEPT: 
 
      A. when he has not waived the civil action
       B. when he has file the civil action ahead of the criminal
       C. when he has expressly reserved the right to institute 
            the civil action separately
       D. when he has waived the civil action  
7. The place of trial for a criminal action is cited
 
      A. territory
       B. action
       C. jurisdiction
       D. venue   

8. The primary purpose of bail is

 
      A. to protect the accused rights
       B. to keep the accused in jail until trial
       C. to punish the accused for the crime
       D. to release the accused   

9. The authority of the court to take cognizance of a case in the

    first instance is known as:
  
     A. original jurisdiction
       B. appellate jurisdiction
       C. general jurisdiction
       D. delegated jurisdiction  

10. "A" stabbed "B". "A" brought "B" to a hospital for medical 
     treatment.Had it not been the timely medical attendance. "B" 
     would have died.This is a case of
  
     A. a physical injury
       B. an attempted felony
       C. a consummated felony
       D. a frustrated felony  

11. A person undergoing criminal investigation enjoys his three 

     constitutional rights such as
 
      A. the right to oppose whatever the accusation on him
       B. the right to plea guilty and not guilty
       C. the right to oppose whatever accusation or him based on his
           constitutional right
       D. the right to remain silent, the right to counsel, the right to be
           informed of the nature of the accusation   

12. Evidence is admissible when it is relevant to the issue and is 

     not excluded by the rules on
  
      A. Real evidence
       B. Secondary evidence
       C. Admissibility of evidence
       D. Relevancy of evidence   

13. What is the sworn written statement charging a person with an 
     offense, subscribed by the offended party, any peace officer or 
     other  employee of the government or government institution in 
     change of the enforcement or execution of the law violated?
  
     A. Deposition
       B. Complaint
       C. Police blotter
       D. Information  

14. Trial is allowed only after arraignment and the accused may waive
     his right to appear at the trial except when his presence is 
     required for purposes of identification. This is the principle of trial 
     in __.

       A. Substitution
       B. Absentia
       C. Re-assignment
       D. Ordeal  

15. A public officer or employee when NOT being authorized by

     judicial order, shall enter a dwelling against the will of the owner
     thereof is committing:

       A. Legal entry

       B. Violation of domicile
       C. Illegal entry
       D. Abatement    

16. Intoxication when considered under the law is considered

      A. Alternative Circumstance

       B. Maladaptive Behavior
       C. Delinquent act
       D. Anti social Behavior   

17. The adjudication by the court that the defendant is guilty or is 
     not guilty of the offense charged and the imposition of the 
     penalty provided  by law on the defendant who pleads or is found 
     guilty thereof
  
      A. judgment
       B. false informant
       C. information
       D. admission   

18. Is that which is not excluded by the law as tending to prove

      a fact in issue
 
      A. material evidence
       B. relevant evidence
       C. direct evidence
       D. competent evidence   

19. Any private person who shall enter the dwelling of another 
     against the will of the latter

       A. none of these

       B. trespassing to dwelling
       C. light threats
       D. usurpation   

20. Are those acts and omissions committed not only by means of
     deceit, but also by means of fault and are punishable by law.
 
      A. Justifying circumstances
       B. Felonies
       C. Exempting circumstances
       D. Attempted felony   

21. Is committed whenever the offender commences the commission

     of a crime directly by overt acts but does not perform all the acts 
     of execution which should produce the felony as a consequence 
     by reason of some cause or accident other than his own
     spontaneous desistance.
  
     A. Frustrated felony
       B. Attempted felony
       C. Consummated felony
       D. Felony   

22. Are those crimes committed against individuals, particularly 

     against their chastity, but which do not produce danger or 
     prejudice common to other members of society.
 
      A. Private crimes
       B. Public crimes
       C. Felony
       D. Infractions    

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

24. One of the characteristics of criminal law, where penal laws do 
     not have retroactive effect, except in cases where they favor the 
     accused charged with felony and who are not habitual criminals.
  
     A. Retrospective
       B. General
       C. Territorial
       D. All of the foregoing   

25. A theory underlying the system of our criminal law, of which

     Rafael Garafalo and Enrico Ferri, including Dr. Cesare Lombroso,
     were the greatest exponents, that crime is considered as
     essentially asocial and natural phenomenon.
 
      A. Juristic or classical theory
       B. Positivist or realistic theory
       C. Punitive theory
       D. Non- punitive theory   

26. It is the Latin term referring to "caught in the act" of performing a 

      crime.
 
      A. Nullum Crimen
       B. Dura lex sed lex
       C. Ignorancia lex excusat
       D. none of these  

27. Any act committed or omitted in violation of a public law 

     forbidding or commanding it.
 
      A. legal act
       B. Crime
       C. Poena
       D. Punishment   
28. A rule of conduct, just, obligatory, enacted by legitimate 
     authority  for the common observance and benefit.
 
      A. Regulation
       B. City Ordinance
       C. Law
       D. Lawful Act    

29. The Latin term POENA means:

  
     A. Penalty
       B. Pain
       C. Punishment
       D. Police   

1. Which among the following best describe the moving power which impels one into action for a
definite result? MOTIVE

2. When rocky starts to commit indirectly by overt acts a crime under the RPC but does NOT perform all
acts of its exection because of an accident other than his own spontaneous distance, what stage in the
commission of crime would his case fall? ATTEMPTED
3. Who shall (enter) plea of guilty? DEFENDANT HIMSELF IN OPEN COURT
4. Under the law, What is an act which would be an offense agaisnt persons or property, were not for
the inherent impossibility of its accomplishment, or an account of the employment of inadequate or
ineffectual means? INCOMPLETE CRIME/ IMPOSSIBLE CRIME
5. Where a women was carried by the accused to a distance of 5 meters from the place where she was
grabbed, but left her screams, what crime was committed? GRAVE COERCION
6. Which of the following crime over which the Philippines laws have Jurisdiction even committed
outside the country? ESPIONAGE, PIRACY&MUTINY,TREASON (AoT)
7. Which among the following is NOT a requisite for evident premeditation and therefore should NOT be
appreciated? SUDDEN OUTBURST OF ANGER
8. Which characteristics of criminal law is described by the following statement? Criminal law are
undertaken to punish crimes committed in Philippine Territory. TERRITORIAL
9. What is the basis of exemting a person from criminal liability under Art. 12 for the RPC? COMPLETE
ABBSENCE OF INTELLIGENCE
10. Who is exempt in all cases, from criminal liability? AN IMBECILE
11. What is meant “discernment” under par. 3 art 12 of the RPC? IT IS THE MENTAL CAPACITY OF
MINOR BETWEEN 9 and 15 yrs of age TO FULLY APPRECIATED THE CONSEQUENCE
12. Who are criminallly liable, when having a knowledge of the commission of the crime, without having
principally participated theein, less part subsequent to the commission, either in profiting by the effects
of the crime or by concealing or destroying the body of the crime? ACCESSORIES
13. In filing a complaint or information, how is the real nature f the crie charged determined? FACTS
RECITED THE COMPLAINT or INFORMATION
14. Crimes mala in se are punishable under the RPC while crimes mala prohibita are punished under
special laws. This statement is CORRECT
15. What is that accusation made in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court? INFORMATION
16. The legal term “DELITO COMPUESTO” (compound crime) is best described as A SINGLE ACT
PRODUCING TWO OR MORE GRAVE OR LESS FELONY
17. The stages of eexecution affect the penalty imposable in crimes mala in se, ther are no stages of
execution in crimes mala prohibita. The statement is WRONG
18. What is the effect of the death of the ofended party in a criminal action for libel? THE CRIMINAL
LIABILITY IS not EXTINGUISHED
19. Which of the following is a continuing offense? THE ACCUSED AFTER ROBBING ONE HOUSE
PROCEED TO ROB ANOTHER HOUSE AND THEN TO ANOTHER HOUSE WHERE THE THIRD ROBBERY
WAS COMMITTED

20. What crime exists when a single act constitutes two or more grave or less grave felonies or when
offense is necessary means for committing the other? COMPLEX
21. Under R.A 9344, a child wwho is vulnerable to and at the risk of committing criminal offenses
because personal, family ad social circumstances is refferred to as: CHILD AT RISK
22. Juliet, 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. Chongkee. After the consummation of said contract, what legal action can
laura take? SHE CAN RECOVER THE PROPERTY BY SEEKING ANNULMENT OF THE CONTRACT
23. Which among the following is NOT a requisite for evident premeditaion and therefore shold NOT be
appreciated? SUDDEN OUTBURST OF ANGER
24. Police operatives in order to ensure conviction of the suspects, were caught in the CCTV camera
planting evidence. They may be held liable forwhat offense? INCRIMINATORY MACHINATION
25. Mary Jane a university professor having carnal knowledge with her student is guilty of what crime?
QUALIFIED SEDUCTION
26. PO3 Romblon stole a pistol of his Division Chief from the locker using the owners’ key what crime
committed? ROBBERY
27. Mr. Alfa burned the car of his dead victim Miss Gloria to hide the body of the crime? What crime
committed?HOMICIDE w/ ARSON
28. What is the period of prescription of crimes punishble by death, reclusion peretua or temporal?
20yrs
29. A composite crime or a special coplex crime or single invisible offense is composed of two or more
crimes but in the eyes of the law, the offender incurs only one criminal liability. The following are
examples, EXCEPT MALVERSATION THRU FALSIFICATION
30. During the pendency of his criminal case, Lauro died due to cardiac arrest. What would be the result
due to his untimely death? DISMISSAL OF THE CASE FOR LACK OF RESPONDENT
31. If the accused dies before the arraignment of his case, what will hapen to the criminal action?
DISMISSED
32. How many criminal information should be filed in complex crimes? ONLY ONE INFORMATION
33. Which of the following constiute a case of falsification? ALTERATION OF PUBLIC DOCUMENTS
34. If Miss santos aided Mr. Salonga as a public authority and the former was assualted. What crime is
committed against him? INDIRECT ASSUALT
35. Johny was able to have sex with his girlfriend by promising her with marriage and car. What crime
committed? SEDUCTION
36. A male student ripped the dress of a teacher and rubbed his pennis over the woman’s genital
without taing off her underwear is liable for what crime? ACTS OF LASCIVIOUSNESS
37. What is meant “discernment” under par. 3 art 12 of the RPC? IT IS THE MENTAL CAPACITY OF
MINOR BETWEEN 9 and 15 yrs of age TO FULLY APPRECIATED THE CONSEQUENCE
38. Under RA 9262, Which of the following orders mamy be issued for the purpose of preventing further
violence against woman or her child? PROTECTION ORDER
39. Rolando killed Samuel out of rivalry for the love of juliet. What mitigating circumstance is present?
PASSION AND OBFUSCATION

40. Under RA 9208, which of the following acts is not considered trafficking in person? ORGANIZING A
BEAUTY PAGEANT AMONG PROSTITUTES
41. Luis saw Toto attacking (Toto’s) wife with a samurai. Luis approached Toto nd struggled for the
possession of the weapon, in course of which Luis killed Toto. What justifying circumstance is present?
DEFENSE OF STRANGER
42. It is the crime committed by a person who deliberately and without lawful cause, follows the woman
or her child and or places the latter under surveillance in public. STALKING
43. What crime can be charged of one who retains a minor in his service against the minor’s will and
under the pretext of reimbursing himself of a debt incurred by the child’s parents? EXPLOITATION OF
CHILD LABOR
44. Where shall the arresting officer immediately bring an arrested wanted person? NEAREST POLICE
STATION/JAIL
45. Alma a receeiving teller of the Cooperative Savings Bank, taking advantage her position,
appropriated the amount of P100,000.00 that she had in her possessio. What crime did Alma ccommit?
QUALIFIED THEFT
46. Under RA 9165, what is the penalty for a PDEA agent found guilty of planting any dangerous drugs
and or controlled precursor and essential chemical, regardless of quantity and purity? DEATH PENALTY
47. When fire is used with the intent to kill a particular person who may be in a house and that the
objective is attained by burning the house the crime is MURDER ONLY
48. Which of the following is NOT an element of self-defense? OBEDIENCE TO SUPERIOR ORDER
49. Under RA 9262, Protection order may be issued for the purpose of preventing further acts of
violence against a woman or her child. This may be filed by any of the following.EXCEPT CITY OR
MUNICIPAL
50. SPO3 cabusao’s superior officer fired him for no apparent reason. SPO3 Cabusao lit a rag soaked with
gasoline and laced in near wooden wall of his ofice to get even. Only a small portion of the wall got
burned beacause another employee put out the fire. What crime was committed by SPO3 Cabusao?
CONSUMATED ARSON
51. Felony committed by any person who shall deprive another either totally or partially some organs of
reproduction? MUTILATION
52. How many days does a child that was born before the marriage can be presumed legitimate?
180DAYS
53. Atty. Frank Luster, a notary public issued a supposed copy of a deed of sale between efren and
ramon corpuz, when in fact such deed of sale was prepared by the two. Atty Luster is liable for?
FALSIFICATION
54. In the violation of BP 22, How many days shall the check is presented? 90DAYS
55. Peter and Paul are board mates. Paul weent out from their boarding house. Peter put a chair to
block the door. Suddenly, a person is forcing to open the door blocked wwih chair. Ask the person to
open the door, the person is nnnot responding. Peter went to kitchen to ge a knife. Paul forced to open
the door. Then peter struck Paul with the knife. Paul died, What crime was committed by Peter?
MISTAKE IN FACT
56. Which one of the following does not belong to the group? INTENT
57. 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 the
place to be searched. PROBABLE CAUSE

58. How can evidence of survivirship be proven? BY CIRCUMSTANTIAL EVIDENCE

59. Which is the hearsays evidence rule? WITNESS CAN TESTIFY ONLY THE FACTS DERIVED FROM HIS
PERCEPTION
60. Which among the following is not public document? ACCOMPLISHED MUNICIPAL FORM WITH NO
SIGNATURE
61. One of the two requisites of admissibility of evidence is when it is relevant to the issue and what is
the other requisite? IT IS NOT EXCLUDED BY LAW OR RULES
62. Which of the following is required by rules for an evidence to be admissible? RELEVANT TO THE
ISSUE AND COMPETENT
63. These are evidences which results in the greatest certainty of the fact in question. PRIMARY OR
BEST EVIDENCE
64. The accused was convicted before the RTC. If the issue on appeal is purely legal one, where shll the
accused file his appeal? SUPREME COURT
65. Which of the following Courts involving RA 3019 (Anti-graft and corruption practices ac)
SANDIGANBAYAN
66. Which of the following is not necessary in fixing the amount of bail; NONE OF THESE
67. If there was error or irregularity in the course of trial, which remedy is available to the accused that
was found guilty? MOTION FOR RECONSIDERATION
68. What rule is observed when generally, there can be o eidence of a writing, contents of which is the
subject matter of inquiry other than original itself. BEST EVIDENCE
69. Which of teh following tends to prove or disprove the issue or issues outlined in the pleading of the
parties. RELEVANT EVIDENCE
70. In what instances can alibi acquire commensurate strength inevidential value? WHERE NO POSITIVE
AND PROPER IDENTIFICATION HAS BEEN SATISFATORILY MADE
71. The following persons are authorized to institute or commence criminal actions, EXCEPT. THE
SPOUSE OR RELATIVES OF DECEASED VICTIM
72. What is the rule in criminal law about doubts? ALL DOUBTS SHOULD BE RESOLVE IN FAVOR OF THE
ACCUSED
73. The judgement rendered by trial court changes the nature of the offense from non-bailable to
bailable. Where can bail application be resolved? APPELLATE COURT
74. The jurisdiction of the court over the person of the accused is conferred or acquired either by the
following. EXCEPT FILING OF AN APPLICATION FOR BAIL
75. The Philippine Congress enacted RA 7877 on Feb 14, 1995 primarily to protect women from sexual
harassment in specified places and activities. This law also known as the: ANTI-SEXUAL HARASSMENT
ACT OF 1995
76. How many days is allowed by the rules for the accused to request for a preliminary investigation
after learning that a complaint or information has been filed without a preliminary investigation? FIVE
(5) DAYS
77. The jurisdiction of the courts in criminal cases is determined by the extent of the penalty which the
law imposes for the offense charged with the offense. This statement is: ABSOLUTELY TRUE
78. Any violation of the Comprehensive Dangerous Act of 2002 regardless of the imposable penalty,
except when one of the parties involved is a minor is cognizable by what court? REGIONAL TRIAL COURT
79. Under the new constitution, who is empowered to order or change the venue or rplace of trial in
oreder to avoid miscarriage of justice? SUPREME COURT
80. which of the following special courts also authorized to try or hear criminal cases? SANDIGANBAYAN
AND FAMILY COURT
81. All except one are valid venues, where may petetion for suspension of criminal action by reason of a
pending prejudicial question in a civil proceeding: THE COURT WHERE THE CIVIL CASE IS PENDING
82. Which of the following procedures in obseverved in witness examination? DIRECT, CROSS, RE-
DIRECT, RE-CROSS EXAMINATION
Problem (84-85) Rudy was caught in flagrante delicto of killing Bobby by SPO2 Tango. After Rudy was
booked at San Pedro Police Station, SPO2 Tango executed an affidavit of arrest. Likewise, the relatives of
the victim and witnesses give their respective sworn statements to the police.

83. Under the rules, the case against Rudy should be immediately referred to: PROSECUTOR FOR
INQUEST PROCEEDING
84. In the absence or unavailability of the prosecutor the criminal complaint for homicide against Rudy
may be filed directly in court by whom? THE POLICE OFFICER
85. Preliminary Investigation is one of the features of what system of criminal procedure?
INQUISITORIAL SYSTEM
86. The accused was convicted before the RTC. If the issue on appeal is purely legal one.where shall the
accused file his appeal? RTC THAT HAS THE JURISDICTION
87. The silence of an accused during arraignment is concerned - NOT GUILTY
88. when may the accused admitted to bail be allowed to question the legality of his arrest? BEFORE
ARRAIGNMENT
89. Which of the following is not an essential requisite of a complaint or information? IT MUS BE FILED
WITH THE OFFICE OF THE PROSECUTOR
90. Who Performs Cross Examination if direct exam was conducted by the defense counsel? ADVERSE
PARTY
91. When is jurisdiction over the person of the accused acquuired? UPON HIS ARREST
92. If there was error or irregularity in the course of trial, which remedy is available to the accused that
was found guilty? MOTION FOR RECONSIDERATION
93. In cross examination of a witness, what is the next step to be done? REDIRECT EXAMINATION
94. This is use to test the sufficiency of the evidence presented in a criminal case after the prosecution
has rested his case? DEMURER
95. Is one which assumes as true a fact not yet testfied to by the witness or contrary to what the witness
stated. MISLEADING QUESTIONS
96. Refers to the ruling by the judge that permits the witness to answer the question posed OVERRULE
THE OBJECTION
97. What is that question which arises in a case, the resolution of which is a logical antecedent of the
issues involves in said case, and the cognizance of which pertains to another tribunal? PREJUDICIAL
QUESTION
98. A person in court who delivers subpoena. CLERK OF THE COURT
99. When an objection has been made to the testimony of the witness and the judge orders that it be
sustained, it means that the witness is: NOT ALLOWED TO ANSWER THE QUESTION DIRECTED BY THE
COUNSEL
100. It refers to a territorial unit where the power of the court is to be exercised. VENUE
101. During the roll call, which of the following statement is usually spoken by the prosecutor in a
criminal case? “ FOR THE PLAINTIFF YOUR HONOR, READY”
102. What is the next ste forthe order of trial after the evidence of the defense is presented? REBUTTAL
EVIDENCE
103. It refers to as the lawyer for the plaintiff. PUBLIC PROSECUTOR
104. This happens when the trial judge enters to the court room and the clerk or bailiff announces his
presence. CALL TO ORDER
105. It litterally refers to a friend of the court, one with a strong interest in or views on the subject
matter of an actio but not a artyto such action; AMICUS CURIAE
106. Which of the following is not an essential requisite of a complaint or information? IT MUST BE
FILED WITH THE OFFICE OF THE PROSECUTOR
107. Which of the following must be established as eidence in addition to sexual intercourse in cases of
rape? STERILITY OF THE OFFENDER
108. What is meant by a “demurer to evidence”? MOTION TO DISMISS
109. which of the following types of evidence properly described as “Illustrative Evidence”? The Purpose
of which is to hold the judge to visualize object and scenes pertinent to the case. It is also useful to
police officer and other witness in describing the scene of the crime. MAPS, DIAGRAMS and SKETCHES
110. what must evidence be in ordernto become relevant to the issue? HAS A DIRECT BEARING AND
ACTUAL CONNECTION TO THE FACTS AND ISSUES
111. It is refers to a proof of fact or series of fact which taken singly or collectively gives rise to an
inference that a particular fact indeed exists. CIRCUMSTANTIAL EVIDENCE
112. How can evidence of survivorship be proven? BY CIRCUMSTANTIAL EVIDENCE
113. When can the adverse party object to any testimonial evidence presented? AT ANY TIME AND AS
SOON AS THE GROUNDS THEREFORE BECOME REASONABLY APPARENT
114. Which of the follwing is NOT a private crime? BIGAMY
115. which of the following evidence of the same kind to that is already given? CUMULATIVE EVIDENCE
116. When a group of female factors acted unison in committing a crime, what would you call it?
CONSPIRACY
117. Which of the following is NOT a crime against public interest? NONE OF THESE
118. Which of the following constitute a case of Falsification? ALTERATION OF A PUBLIC DOCUMENT
119. They are bodies usages, principles and rules of action which do not rest for their authority upon any
declarative will of the legislature. It is recognized in the United States and England but not recognized
under Philippine jurisdiction. COMMON LAWS
120. Defendants Jessie and james made an appeal from judgement that convicted them of illegal
iporatation of opium. One of the errors assigned as claimed is permitting the government principal
witness to in the courtroom while other witnesses were testifying. The exclusion of the witnesses by the
court is- DECIDED UPON BY THE COURT
121. What power promotes the public welfare by restraining and regulating the use of liberty and
property? POLICE
122. Refers to a legislative act, which inflicts punihments without trial. BILL OF ATTAINDER
123. Which of the following is the role of the police officers during judicial proceedings? TO SERVE AS
WITNESS
124. What is the next stepp for the order of the trial after the evidence of the defense is presented?
REBUTTAL EVIDENCE
125. This happens when the trial judge enters the courtroom and the clerk or bailiff announces his
presence. CALL TO ORDER
126. A warrantless arrest can be made by a peace officer or a private person when, in hi presence, the
person to be arrested has committed, is actually committing, or is attempting to commit an offense. The
phrase “in his presence” was interpreted to mean that: EXCEPT. The officer or private pperson must be
at least the distance of 2-5 meters away from the incident.
127. It is a bar which precludes a person from denying or asserting anything to the contrary of
established truth. ESTOPPEL
128. All EXCEPT one are authority to conduct a preliminary investigation? PNP CHIEF
129. Which of the following are the three broad categories of evidence as classified by the Rules of
court? OBJECT, DOCUMENTARY & TESTIMONIAL EVIDENCE
130. This class of evidence is also referred to as Autoptic Preference since they are exhibited or
presented in open court in order for judge to arrive at a proper conclusion. OBJECT EVIDENCE
131. Which of the following may be used as evidence in a judicial proceeding? DYING DECLARATION
132. A declaration of a dying person and without any hope of recovery concerning the facts and
circumstances under which the fatal injury was inflicted may be offered as evidence at the trial of the
person charged having caused the death of the declarant. This declaration is also known as: ANTE
MORTEM STATEMENT
133. it refers to an oral testimoony given in open court. TESTIMONIAL EVIDENCE
134. Under RA 9372, how many days or hours can a person charged or suspected of the crime of
terrorism or conspiracy to commit terrorism are detained without judicial warrant of arrest? 3DAYS
135. The following are the instances where the court may refuse the introduction of objector or real
evidence and rely on the testimonial evidence alone,EXCEPT. The presentation of the object IS
NECESSARY in the interest of justice
136. The offense of open disobedience is committed by any ____or _____ officers. LEGISLATIVE,
EXECUTIVE
137. What is the validity period of a search warrant? 10DAYS
138. Which of the following is authorized to search for any evidence in the computer hardware?
COMPUTER SUPPLIER
139. What crime would be charged against a domestic helper who was caught in the act of carting away
appliances and jewelries of her employer? QUALIFIED THEFT
140. Therese a married woman having sexual intercourse with her driver Joey not her husband. What
crime iscommitted? ADULTERY
141. What crime is committed by a police officer who refrains from arresting a person who has
committed crime punishable by reclusion perpetua in exchange for money? QUALIFIED BRIBERY
142. Joey impregnated his girlfriend Chona. Luis, Chona’s Father, got mad and threathened Joey of
bodily harm if he will not marry his daughter. What crime Luis has committed? GRAVE COERCION
143. in what instance can alibi (the weakest defense) acquire commensurate strencth in evidential
value? WHN EVIDENCE FOR THE PROSECUTION IS STRONG
144. An act which wwould be an offense against persons or property was if not for the inherent
impossibility of its accomplishment. IMPOSSIBLE CRIME
145. Pedro recruited several women in their barangay to engage in the sex trade, what crime was
committed? WHITE SLAVE TRADE
146. Ignorantia Facti Excusat refers to: MISTAKE OF FACTS
147. It refers to the forfeiture of the right of the state to execute the final sentence after a certain lapse
of time: PRESCRIPTION OF THE PENALTY
148. Within how many hours a person arrested for the commission of an offense punihsable by afflictive
penalties must be delivered to the proper judicial authority? 36HOURS
149. Congressman Mikey while on he way to attend a senate session was arrested by SPO4 Dela Pena of
the HPG for traffic violation. What is the liability of the police officer? VIOLATION OF PARLIAMENTARY
IMMUNITY
150. PO2 Delos Santos was stabbed while parolling along the dark alley of his beat, he died on the spot
due to three stab wounds on his back and the perpetrator took his wallet and service firearms. What
crime was committed? HOMICIDE and ROBBERY
151. PO3 Castro without any search warrant went inside the house of Albert, who was charged with
robbery. Alberto did not stop him or say anything while his house was being searched. What crime was
commited by PO3 Castro? (NONE)
152. What circumstances can be considered aggravating with the slaying of an 85 years old man?
DISREGARD OF AGE AND SEX
153. Which of the following is NOT requisite for self defense? LACK OF INTENT ON THE PART OF THE
PERSON DEFENDING HIMSELF
154. refers to a quality where in an act may be attributted to a person as te holder or author.
IMPUTABILITY
155. what rule provides that the crime is commited on board a foreign vessel while that vessel is in the
territory of another country, the crime shall be tried under the law of the territory where it is
committed? ENGLISH RULE
156. The term “abberatio ictus” means. MISTAKE OF THE BLOW
157. Allen and Ben are both Filipino citizens. They took tour in Singapore and while in Singapore Allen
attacked Be for no valid reason. Can Ben File a case against Allen in the Philippines for Physical injuries?
No, Because the crime was committed outside the philippines
158. The felony is said to be ____ when the law attaches capital punishments or afflictive penalties.
GRAVE
159. If an offense was committed by a Singaporean national oon board a singapore airlins plane aout to
land at the Davao International Airport, What penal law will apply? PHILIPPINE LAW
160. Which of the following must be consideredin determining whether the crime committed is only
attempted, consummated or frustrated? MANNER OF COMMISSION, ELEMENTS CONSTITUTING THE
FELONY, NATURE OF THE OFFENSE (AoT)
161. Ambassadors or Heads of states can NOT be held criminally liable in another state or place of
assignment under the principles of international law. This is an exception to the characteristics of
criminal law which is: GENERALITY
162. Refers to the power of the state to define and punish crime? POLICE POWER
163. This theory advocates purpose of punishment under criminal law is the protection of the society
from the actual and potential wrongdoer. UTILITARIAN THEORY
164. What are the infractions of mere rules of convenience designed to secure a more orderly regulation
of the affairs of society? MALA PROHIBITA

1. It is considered to be the primary source of the Revised Penal Code?

A. Act 3815
B. Spanish Penal Code of 1870
C. Special Laws
D. Ordinances

2. One of the fundamental characteristics of criminal law is prospective which means that
criminal law shall be forwarded and not backward. This principle is found under what
article of the Revised Penal Code?
A. Article 100
B. Article 36
C. Article 1
D. Article 12
3. What is the period of prescription of crimes punishable by death, reclusion perpetua or
temporal?
A. 20 years
B. 15 years
C. 10 years
D. 5 years

4. Which of the following does not belong to the group?

A. Imprudence
B. Lack of skill
C. Negligence
D. Intent

5. 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, robbery, theft, estafa
or falsification is found guilty of any of the said crimes the third time is,
A. Habitual delinquently
B. Reiteration or habitually
C. Recidivism
D. Quasi-recidivism

6. What will be the effect on the criminal liability of the accused that was sane when he
committed the crime, but becomes insane at the time of the trial?
A. His criminal liability will be extinguished
B. He is exempt from criminal liability under paragraph 1 of Article 12 of the RPC
C. He is still criminally liable but his trial will be suspended until his mental capacity will
be restored to afford a fair trial
D. None of these

7. Which characteristic of criminal law is described by the following statement, criminal

laws are undertaken to punish crimes committed in Philippine territory
A. Territorial
B. Preferential
C. Prospective
D. General
E.

8. What is the effect of the death of the offended party in criminal action for libel?
A. The criminal liability is partially extinguished
B. The criminal liability is NOT extinguished
C. The criminal liability is extinguished
D. No effect at all

9. Who is exempt in all cases, from criminal liability?

 A. An insane
B. An imbecile
C. A person under 9 years of age
D. All of these

10. How is accidental drunkenness appreciated as a circumstance in the commission of an

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

11. Which among the following best described the moving power which impels one to
action for a definite result?
A. Mala in se
B. Intent
C. Motive
D. Ignomita Facti Excusat

12. When Edgar 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. Consummated
B. Attempted
C. Frustrated
D. None of these

13. 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. Frustrated felony
B. Attempted felony
C. Impossible crime
D. None of these

14. 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 implication

15. Which of the following terms means resorting to any device to conceal identity?
A. Craft
B. Disguise
 C. Fraud
D. Alibi

16. What is meant by “discernment” under paragraph 3 Article 12 of the Revised Penal
Code?
A. It is a mental capacity to understand the difference between right and wrong
B. It is the ability to grasp the significant factors of a complex problem of a new
situation
C. It is the mental capacity of a minor between 9 and 15 years of age to fully
appreciated the consequence
D. Some of these

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

18. What is the basis of exempting a person from criminal liability UNDER Article 12 for the
Revised Penal Code?
A. Complete absence of freedom of action
B. Complete absence of intelligence
C. Complete absence of intent
D. None of the above

19. Accused was convicted of Homicide on June 15, 2015. No appeal was made; judgement
became final on July 1, 2015. He got his second conviction rendered on July 26, 2015 for
Murder. He is called by law as a:
A. Recidivist
B. Habitual offender
C. Hardened criminal
D. Habitual delinquent

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

A. Infanticide
B. Murder qualified by treachery
C. Murder
D. Homicide

21. Where a women was carried by the accused to a distance of 5 meters from the place
where she was grabbed, but left her because of her screams, what crime was
committed?
 A. Grave coercion
B. Light coercion
C. Frustrated serious illegal detention
D. Attempted serious illegal detention

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

23. Which of the following is a compound crime?

A. The accused fired his AK 47 assault rifle at several people. The first burst of shots hit
three persons. The accused let loose a second burst of shots wounding 2 others
B. A man fired his pistol twice in succession directed against two different person killing
one person and the other
C. Placing a time bomb in a plane, this caused it to explode in mid-air killing 13 persons
therein
D. None of the above

24. Roman Rapido (RR), the accused saw a 22 year old Ms. Ana near the gate of her
residence. Without a word. RR kissed Ms. Ana on the cheek and brisked softly his hands
on to her left breast. No one saw the incident. In a minute, RR left Ms. Ana, who got
shocked and speechless. What crime was committed by RR if any?
A. Unjust vexation
B. Seduction
C. Attempted rape
D. Acts of lasciviousness

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

26. A public officer appropriating public funds and misappropriating public property are
examples of what kind of an offense?

A. Possession of prohibited interest

B. Money Laundering
C. Fraud
D. Malversation
27. Which of the following is a continuing offense?
A. A thief takers from the yard of the house two game rooster belonging to two
different owners
B. The accused after robbing one house proceeded to rob another house and then to
another house where the third robbery was committed
C. After uttering defamatory words against the offended party the accuse attacked and
assaulted the latter resulting in slight physical injuries
D. None of the above

28. 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
B. Consummated arson
C. Attempted arson
D. None of these

29. Is the peril in which a person is put when he is regularly charged with a crime before any
tribunal property organized and competent to try him.

A. Jeopardy
B. Detention
C. Imprisonment
D. None of these

30. A 41 year old man had a carnal knowledge with a 25-year old woman who for reason of
mental abnormality has 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. There is aggravating circumstances
C. There is no rape
D. Rape was committed

31. To expedite the processing of benefit claims from the SSS a clerk accepted 2,000.00
pesos from Mr. Retiree. The clerk is liable for.

A. Bribery
B. Direct Bribery
C. Qualified Bribery
D. Indirect Bribery
32. It refers to a scientifically defined pattern of psychological and behavioural symptoms
found in women lying in battering relationship as a result of cumulative abuse.

A. Sexual abuse
B. Stalking syndrome
C. Violence against women
D. Battered woman syndrome

33. What crime can be charged of one who retains a minor in his service against the minor’s
will and under the pretext of reimbursing himself of a debt mounted by the child’s
parents?

A. Kidnapping
B. White Slavery
C. Exploitation of Child Labor
D. Inducing a Minor to Work

34. Which is a form of slight physical injury in the list below?

A. Loss of an eye
B. Mutilation
C. 3rd degree burn
D. Maltreatment

35. When fire is use with intent to kill a particular person who may be in a house and that
objective is attained by burning the house, the crime is.

A. Murder only
B. Arson
C. Homicide with Arson
D. Arson with homicide

36. A police officer who arrested a member of congress while going to attend a senate
session for a traffic violation is called.

A. Acts tending to prevent the meeting of the National Assembly

B. Crime against popular representation
C. Violation of parliamentary immunity
D. All of the above

37. In a fit of jealousy, mary set fire on the ‘jockey’ boxer shorts of her boyfriend, louie.
What crime did mary commit?
 A. Malicious mischief
B. Reckless imprudence
C. Arson
D. Slight physical injury

38. Who are those taking part in the performance of public functions in the government or
performing in said government or in any branches public duties as an employee, agent
or subordinate official of any rank or class?
A. Barangay officials
B. Public officers
C. Person in authority
D. Agent of person in authority

39. What crime is committed by any person who, in any manner or under any pretext shall
engage in the business or shall profit by prostitution or shall enlist the services of any
other for the purpose of prostitution?
A. Grave scandal
B. Vagrancy
C. White slave
D. Immoral doctrine

40. Any widow who shall marry within 301 days from the date of the death of her husband,
or before having delivered if she shall have been pregnant at the time of his death shall
be liable for.
A. Illegal marriage
B. Premature marriage
C. Immoral marriage
D. Unlawful marriage

41. The following are legal grounds for detention, except:

A. Violent insanity
B. Commission of a crime
C. Ailment requiring compulsory confinement
D. Suspected of committing a felony under the Revised Penal Code

42. Roger stabbed jane, the victim for 100 times because of hate. In the eyes of the law, is
there cruelty?
A. No cruelty because the wounds were not inflicted with deliberate intention of
causing unnecessary pain and suffering of the victim.
B. It depends on the mental condition of the offender at the time of the commission of
the crime
 C. Yes, 100 times of stubbing is an act of cruelty
D. Yes, stabbing is obviously an act of cruelty

43. Police operatives in order to ensure conviction of the suspects, were caught in the CCTV
camera planting evidence. They may be held liable for what offense?
A. Incriminatory machination
B. Slander by deed
C. Libel
D. Slander

44. A husband punched his pregnant wife due to constant nagging, cause the death of their
unborn child is guilty called.
A. Parricides
B. Unintentional abortion
C. Abortion
D. Intentional abortion

45. John doe willfully damaged another’s property for the sake of causing damage due to
hate, revenge or other evil motive. He may be liable for.
A. Unjust vexation
B. Tumultuous affray
C. Malicious mischief
D. Destruction of property

46. Which of the following felonies is committed only during time of war?
A. Treason
B. Sedition
C. Coup d’etat
D. Rebellion

47. Voluntary but without malice failing to do an act from which material damage results by
reason of inexcusable lack of precautions on the part of the person performing the act.
A. Imprudence
B. Negligence
C. Reckless imprudence
D. Reckless negligence

48. A, B, C robbed Banco Espanol Filpino. On the occasion of the robbery, A shot the
security guard to death while B raped one of the tellers. What crimes are committed by
A, B, and C?
A. Robbery with homicide & Rape
B. Robbery with rape with homicide
C. Robbery with homicide
 D. Robbery with rape

49. Mr. roger bacon with intent to kill fired his gun towards Mr. Schwartz but hitting &
killing Alexander john Forsyth. What crime did Roger Bacon committed?
A. Attempted homicide as regards Mr. Schwartz and consummated homicide as
regards Mr. Forsyth
B. Attempted homicide as regards Mr. Schwartz and consummated murder as regards
Mr. Forsyth
C. Consummated homicide committed by mistake in the blow
D. Consummated homicide

50. X went to the United States. While he was there, he encountered Y an American. They
eventually got married. When X returned to the Philippines his wife Z filed an action
against him for violating their marriage. What is X liable to?
A. Polygamy
B. Adultery
C. Bigamy
D. Concubinage

51. These are the women who, for money or profit, habitually indulge in sexual intercourse
or lascivious conduct.
A. Prostitute
B. Erotomaniacs
C. Vagrants
D. Nymphomaniacs

52. Mr. Bryan, (a taxi driver) slapped the face of a traffic enforcer while the latter is manning
the traffic at Mc Arthur highway intersection. What if a certain passenger gave
assistance to the traffic enforcer, but just as the same, he received a slapped on his face
from Mr. Bryan. What crime is committed by Mr. Bryan as regards to the said
passenger?
A. Physical injury
B. Slander by deed
C. Direct assault
D. Indirect assault

53. What is a crime committed by performing any act which casts dishonour, discredit or
content upon another person?
A. Oral defamation
B. Intriguing against honor
 C. Libel
D. Slander by deed

54. What is NOT an element of knowingly rendering unjust judgement?

A. That he renders a judgement in a case submitted to him for the decision
B. That the judgement is valid
C. Offender is a judge
D. None of the above

55. Crimes against religious worship are of two kinds one is interruption of religious worship
and the other is:
A. Usurpation of power
B. Revelation of religious secrets
C. Offending the religious feelings
D. None of the above

56. Mr. Johnny Augustus made an extra-judicial confession in the police station without the
presence of a counsel and even told the police that the deadly weapon that he used in killing
the victim was in his house and voluntarily escorts the police in his house to recover the deadly
weapon. The weapon was presented as evidence in court. Is deadly weapon admissible?
A. No, because it is a “fruit of the poisonous tree”
B. Yes for it was obtained under a consented search
C. Yes for it was taken with the consent of the owner
D. No, because it is obtained in the absence of the counsel

57. What is needed to be proven that scandalous circumstance is an element in the crime of
concubinage?
A. If the mistress is kept outside the conjugal dwelling
B. If the man is legally married
C. If the mistress is a relative
D. If the mistress is a virgin

58. What classification of evidence is directly addressed to the senses and consist of tangible
things exhibited in open court?
A. Real
B. Circumstantial
C. Documentary
D. Testimonial

59. In what instances can alibi acquire commensurate strength in evidential value?
A. When questions on whether or not accused committed the offense is clear
 B. Where no positive and proper identification has been satisfactorily made
C. When the evidence for the prosecution is strong
D. When it changes the burden of proof

60. Which among the foregoing is not part of the judicial rule for sufficiency of circumstantial
evidence to convict an accused?
A. The combination of all the circumstance is such as to produce a conviction beyond
reasonable doubt
B. The facts from which the inference are derived must be proved
C. There is more than one circumstance
D. It must be of judicial recognizance

61. In what instance can alibi (the weakest defense) acquire commensurate strength in
evidential value?
A. When questions on wheather or not accused committed the offense are clear
B. Where no positive and proper identification has been satisfactorily made
C. When evidence for the prosecution is strong
D. When it changes the burden of proof

62. What must evidence be in order to become relevant to the issue?

A. Has direct bearing and actual connection to the facts in issue
B. Should not be contrary to morals
C. Not be offensive to our senses
D. Not be excluded by the rules

63. It is made before a court in which the case is pending and in the course of legal proceedings
and by itself, and sustains a conviction.
A. Interlocking confession
B. Judicial confession
C. Extra interlocking confession
D. Extra judicial confession

64. The burden of proof is the duty of the prosecutor to prove the case. In case of Admission
with justification by the accused that said was an act of self-defense. What degree of proof is
required in order for the accused to prove the existence of self-defense?
A. Clear and Convincing Evidence
B. Substantial Evidence
C. Preponderance of Evidence
D. Proof beyond Reasonable Doubt
65. What rules states that “when the subject of inquiry is the content of a document, no
evidence shall be admissible other than the original document itself”?
A. Genuine evidence
B. Authenticated evidence
C. Best evidence
D. Patrol evidence

66. How can evidence of survivorship be proven?

A. By direct evidence
B. By circumstantial evidence
C. By direct evidence
D. By marital evidence

67. It is the obligation imposed upon party who alleges the existence of facts necessary for the
prosecution of his action or defense to establish the same by the requisite quantum of
evidence.
A. Rep ipsa loquitor
B. Res gestae
C. Onus probandi
D. Articulo mortis

68. Mayoralty candidates A and B in the city of Digos are contesting each others votes garnered
during the last elections. In the case, what could be the best evidence to present in court?
A. Witnesses
B. Ballots
C. Registration of votes
D. Certification by board of canvassers

69. Which is the hearsay evidence rule?

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

70. Which of the following types of evidence affords the greatest certainly of the fact in
question?
A. Positive
B. Cumulative
C. Corroborative
D. Primary
71. The jurisdiction of the court over the person of the accused is conferred or acquired either
by the following except __________
A. Voluntarily appearance in court
B. Filing of an application for bail
C. Under house arrest
D. Voluntary surrender

72.The Philippine Congress enacted RA 7877 on February 14, 1995 primarily to protect women
from sexual harassment in specified places and activities. This law is also known as the;
A. Anti-violence Againts Women and their Children
B. Anti-sexual Harassment Act of 1995
C. Women’s Dignity Act of 1995
D. Gabriela Silang Act of 1995

73. Civil action for the recovery of civil damages arising from a criminal offense is deemed
instituted with the criminal action. This rule does not apply in the following cases, except;
A. When the offended party reserves the right to institute a separate civil action
B. When the offended party institutes the civil action before the criminal action
C. When the offended party institutes the criminal action
D. When the offended party waives the civil action

74. Under the Local Government Code of 1991, what is the conditions precedent that must be
satisfied before the institution of a criminal action in court?
A. Confrontation between parties
B. Certification of no conciliation
C. Settlement has been repudiated
D. All of these

75. Summary procedures may be applied in the following case, Except;

A. Criminal cases where the penalty prescribed by law is imprisonment not exceeding 6
years
B. Violation of traffic laws, rules and regulation
C. Violation of city or municipal ordinance
D. Violation of laws

76. What is the best remedy of a person who is accused under a wrong name?
A. Ignore the charge
B. Regional Trial Courts
C. Enter the plea of NOT guilty
D. File motion to quash on the ground of lack of jurisdiction
77. Any violation of the Comprehensive Dangerous Drugs Act of 2002 regardless of the
imposable penalty, except one of the parties involved is a minor is cognizable by what court?
A. Regional Trial Courts
B. Municipal Trial courts
C. Lower Courts
D. Family courts

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

A. Doubts duly annotated are resolved in favor of the accused
B. Proven doubts should be resolve in favor of the accused
C. Verified doubts shall be resolved in favor of the accused
D. All doubts should be resolve in favor of the accused

79. Preliminary Investigation is one of the features of what system of criminal procedure?
A. Inquisitorial System
B. Accusatorial System
C. Criminal Justice System
D. Inquest Proceeding System

80. What is that question which arises in a case, the resolution of which is a logical antecedent
of the issue involves in said case, and the cognizance of which pertains to another tribunal?
A. Justifiable question
B. Both justifiable & prejudicial questions
C. Prejudicial question
D. All of the above

81. The accused was convicted before the Regional Trial Court if the issue on appeal is purely
legal one, where shall the accused file his appeal?
A. RTC that has the jurisdiction
B. Sandiganbayan
C. Court of Appeals
D. Supreme Court

82. The prosecution cannot appeal from a judgment of conviction to increase the penalty
because;
A. The prosecution can ask that the judgment be set aside
B. The prosecution can ask for the reopening of the case
C. The accused would be placed in double jeopardy
D. All of the above
83. How “silence of a person in a direct accusation” is best treated?
A. As a quasi-admission
B. As a self-incriminatory reaction
C. As a judicial notice
D. As a quasi-confession

84. In Metro Manila and other chartered cities, where shall the offended party file his
complaint?
A. Municipal Trial Court
B. Metropolitan Trial Court
C. Regional Trial Court
D. Office of the Prosecutor

85. Prescription of the crime commences to run;

A. Upon discovery of the crime by the offended party
B. Upon filing of the complaint or information
C. Upon re-appearance of the accused
D. Upon escape of the accused

86. If there was error or irregularity in the course of trial, which remedy is available to the
accused that was found guilty?
A. Assassinate the Judge
B. Motion for reconsideration
C. Escape or evade sentence
D. Appeal

87. What is the inherent power and authority of the state to provide protection of the person
and property of a person?
A. Mens Rea
B. Dura Lex
C. Nullum Crimens
D. Parens Patriae

88. In filing a complaint or information, how is the real nature of the crime charged
determined?
A. Law specifically violated
B. Title at the charge sheet
C. Evidence to be presented
D. Facts recited in the complaint of information
89. Who shall enter an plea of guilty?
A. Defendant himself in open court
B. His authorized counsel
C. His counsel the oficio
D. Self-confessed accused

90. What personal property CANNOT be seized?

A. Property used or oriented to be used asa means of commiting 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

91. When is jurisdiction over the person of the accused acquired?

A. After trial
B. Upon his arrest
C. Upon his voluntary appearance
D. Upon his receipt of summons

92. Refers to persons given by law the duty and power to exercise jurisdiction and maintenance
of peace and order as well as the protection of life liberty and property.
A. Person in authority
B. Prosecutors
C. Justice
D. Policemen

93. The judgement rendered by the trial court changes the nature of the offense from a non-
bailable to bailable. Where canthe bail application be resolved?
A. Trial Court
B. Appellate Court
C. Regional Trial Court
D. Metropolitan Trial Court
94. This occurs when the judge enters the court room and the clerk or bailiff announces his
presence.
A. Call to order
B. Order of trial
C. Arraignment
D. Roll call of cases

95. When an object has been made to the testimony of the witness and the judge orders that it
be sustained, it means that the witness is;
A. Instructed to sit down
 B. Allowed to continue and answer
C. Instructed to get out of the witness stand
D. Not allowed to answer the question directed by the counsel

96. To whom a policemen testifying in courts as a eitness is in favor of?

A. Accused
B. Defense
C. Government
D. Prosecution

97. When evidences are presented to the court, this constitutes.

A. Witness oath
B. Call to order
C. Roll call of cases
D. Marking of exhibits

98. Theprosecutor in a criminal case would ususally utter in roll call;

A. “For the state your honor, ready”
B. “For the people your honor, ready”
C. “For the accused your honor, ready”
D. “For the plaintiff your honor, ready”

99. The gavel use by the judge during court hearing or trial represents his _______ as official of
the court.
A. Power
B. Authority
C. Command
D. Office

100. It refers to a written statement of the respective claims and defense of the parties
submitted to the court for appropriate judgement.
A. Counterclaim
B. Answer
C. Pleading
D. Reply

1. Which among the following is not a source of Philippine criminal law?

a. Act No. 3815 and its amendments
b. Special penal laws passed by the Phil. Commission, Phil. Legislature, National
Assembly, Batasang Pambansa, Phil. Assembly and the Congress of the Philippines.
c. Penal Presidential Decrees issued during Martial Law.
d. None of the above
2. They are bodies of usages, principles and rules of action which do not rest for
their authority upon any declarative will of the legislature. It is recognized in the United
States and England but not recognized under Philippine jurisdiction.
a. Penal laws c. Common Laws
b. Special penal laws d. None of the foregoing

3. This deprives the accused of a crime some lawful protection to which he has
become entitled.
a. Common law c. Ex-post facto law
b. Special law d. Bill of attainder

4. The constitution expressly prohibits the passage of a bill of attainder primarily

because:
a. It is a substitute, a legislative act for a judicial determination of guilt
b. It is unconstitutional
c. It is a violation of human rights
d. It encroaches upon the power of the. Judiciary by the Congress

5. They are not considered as a source of criminal law due to the fact that they
merely explain the meaning of and apply the law as enacted by the legislature.
a. Revised Penal Code c. Court decisions
b. Special Penal laws d. Executive orders

6. It cannot be recovered as a matter of right; and is discretionary upon the court to

be part of the civil liability when a crime was committed with one or more aggravating
circumstances.
a. Actual damages c. Moral damages
b. Nominal damages d. Exemplary damages

7. Civil indemnity for death caused by crime.

a. 30,000 c. 100,000
b. 50,000 d. 500,000

8. When rape is committed and the victim was killed, the mandatory civil
indemnification shall be.
a. 30,000 c. 100,000
b. 50,000 d. 500,000

9. In case of physical injuries it would consist in the payment of hospital bills and
doctor’s fee of the offended party.
a. Restitution c. Indemnification – payment for damage
b. Reparation d. Civil liability

10. Which among the following may totally extinguish criminal liability?
a. Absolute pardon c. Amnesty
b. Service of sentence d. All of these
11. It consists in the successive execution by the same individual of different criminal
acts upon any of which no conviction has yet been made.
a. Plurality of crimes c. Complex crimes
b. Formal crimes d. None of the above
12. Jemma who induced Eric a friend to kill her husband’s mistress is criminally
liable as:
a. Principal c. Accomplice
b. Accessory d. None of the above

13. In crimes against chastity this would be always aggravating.

a. Degree of education c. Alcoholism
b. Mental condition d. Relationship

14. Its basis is the greater perversity of the offender as manifested by personal
circumstance of the offender and also by the means used to secure the commission
of the crime.
a. That advantage be taken by the offender of his public position.
b. That crime be committed in contempt of or with insult to the public authorities.
c. That act be committed with abuse of confidence or obvious ungratefulness
d. All of the above

15. It means adequate to excite a person to commit a wrong and must accordingly
be proportionate to its gravity.
a. Self defense c. Unlawful aggression
b. Sufficient provocation d. Necessity to prevent a wrong

16. Under this, crimes are not triable in that country unless they merely affect things
within the vessel or they refer to the internal management thereof.
a. French rule c. Law of preferential application
b. English rule d. Spanish rule

17. It refers to inaction, by which a person may be considered criminally liable when
the law requires the performance of a certain act, e.g. failure to assist one’s own
victim.
a. Act c. Fraud
b. Intent d. Omission

18. It indicates a deficiency of action.

a. Negligence - deficiency of perception c. Lack of skill
b. Imprudence d. Lack of foresight

19. It refers to deficiency of perception.

a. Negligence c. Lack of skill
b. Imprudence – deficiency of action d. Lack of foresight

20. For an act to be considered to be done with Malice or dolo, which among the
following must be present?
a. Freedom c. Intent
b. Intelligence d. All of the foregoing

21. Refers to that cause which in natural is a continuous sequence, unbroken by any
efficient superseding ground, produces the injury and without which the result would
not have occurred.
a. Proximate cause c. Overt acts
b. Intervening cause d. Active force

22. It is the portion of the acts constituting the felony, starting from the point where
the offender begins the commission of the crime to the point where he has control
over his acts.
a. Objective phase c. Overt acts
b. Subjective phase d. Attempted felony

23. Generally they are punishable only when they have been consummated, with the
exemption of those crimes committed against persons or property.
a. Light felonies c. Grave felonies
b. Less grave felonies d. All of the foregoing

24. Self defense or one’s natural instinct to repel, protect and save his person or right
from impending peril or danger is an example of what circumstance which affects
criminal liability?
a. Justifying c. Aggravating
b. Exempting d. Mitigating

25. A inflicted slight physical injuries to B without intention to inflict other injuries, B
then attacked A is an example of?
a. Self defense c. Retaliation
b. Intervening cause d. Proximate cause

26. The basis of this circumstance affecting criminal liability is the complete absence
of freedom of action, intelligence, intent or negligence on the part of the accused.
a. Justifying c. Aggravating
b. Exempting d. Mitigating

27. Under our laws, what is the age of full responsibility?

a. 9 years and below of infancy
b. Between 9 and 15 years
c. 18 to 70 years of age ( adolescence to maturity)
d. Over 9 under 15 acting with discernment, 15 or over but less than 18; over 70
years of age

28. Age of absolute irresponsibility.

a. 9 years and below of infancy
b. Between 9 and 15 years
c. 18 to 70 years of age (adolescence to maturity)
d. Over 9 under 15 acting with discernment, 15 or over but less than 18; over 70
years of age

29. Which among the following may be considered as an alternative circumstance?

a. Relationship
b. Intoxication
c. Degree of instruction and education of the offender
d. All of the foregoing

30. X and Y stabbed Z, injuring the Z in the process, X and Y are considered as;
a. Principal by direct participation
b. Principal by induction
c. Principal by indispensable cooperation
d. Co- principals
31. Boy forcibly took Maria to a vacant lot and allowed his friends Lando and Tinoy
to rape Maria Boy is liable as;
a. Principal by direct participation
b. Principal by induction
c. Principal by indispensable cooperation
d. Co- principals

32. It refers to those penalties expressly imposed by the court in the judgment of
conviction.
a. Principal penalties c. Subsidiary penalties
b. Accessory penalties d. Fine

33. In the crime of theft, the culprit is duty-bound to return the stolen property.
a. Restitution
b. Reparation
c. Indemnification for consequential damages
d. Civil liability

34. Crimes punishable by correctional penalties, except those punishable by arresto

mayor shall prescribe in how many years?
a. 20 years c. 10 years
b. 15 years d. 5 years

35. It includes rivers, creeks, bays, gulfs, lakes, straits, coves lying wholly within the
three mile limit of any nation.
a. Maritime zone c. Low water mark
b. Interior waters d. High seas

36. It makes criminal an act done before the passage of the law which was innocent
when done, and punishes it.
a. Ex post facto law c. Law on preferential application
b. Bill of attainder d. Self repealing laws

37. Refers to one of three equal portions, called minimum, medium and maximum of
a divisible penalty.
a. Degree c. Prescription
b. Period d. Duration

38. Which among the foregoing is considered as the primary source of criminal law?
a. Act No. 3815 c. Penal Presidential Decrees
b. Special Penal Laws d. Constitution

39. Those punishable by arresto mayor penalties shall prescribe in how many years?
a. 20 years c. 10 years
b. 5 years d. 15 years

40. It is the forfeiture of the right of the state to execute the final sentence after a
certain lapse of time.
a. Prescription of the crime c. Degree of the penalty
b. Prescription of the penalty d. Period of the penalty

41. It is that branch or division of law which defines crimes treats of their nature, and
provide for their punishment.
a. Civil law c. Procedural law
b. Criminal law d. Substantive law
42. Refers to a sentence of imprisonment for the maximum period defined by law
subject to the termination by the parole board at any time after service of the
sentence.
a. Suspension c. Prescription
b. Indeterminate sentence d. Period of penalty

43. Refers to the purpose to use a particular means to effect such result.
a. Intent c. Deceit
b. Motive d. Fault

44. John commences with the execution of a felony but fails to perform all acts which
should produce it, the development or stage refers to:
a. Consummated c. Frustrated
b. Attempted d. Negligence

45. Any bodily movement that tends to produce some effect in the external world.
a. Act c. Dolo
b. Omission d. Culpa

46. Libel and other similar offenses shall prescribe in how many years?
a. 15 years c. 5 years
b. 10 years d. 1 year

47. An entire penalty enumerated in the graduated scale of penalties.

a. Degree c. Prescription
b. Period d. Duration

48. Refers generally to acts made criminal by special laws.

a. Felony c. Mala inse
b. Mala ince d. Mala prohibita

49. Under RA 7659, the death penalty may be suspended when the accused is
among the foregoing: except:
a. A woman while pregnant
b. Persons over 70 years old
c. Woman within one year after delivery
d. Persons over 18 but under 21 years of age

50. Which among the foregoing is not a requisite for Dolo?

a. Intelligence c. Intent
b. Freedom d. Deceit

51. Refers to the loss of the right of the state to prosecute the offender after a
certain lapse of time.
 a. Prescription of the crime c. Degree of the penalty
b. Prescription of the penalty d. Period of the penalty

52. Things which are wrongful in their nature.

a. Evil c. Mala inse
b. Mala ince d. Mala prohibita

53. Felonies punishable by death, reclusion perpetua and reclusion temporal shall
prescribe in:
a. 20 years c. 10 years
b. 15 years d. 5 years

54. Acts and omissions punishable by law.

a. Dolo c. Felonies - RPC
b. Culpa d. Crime

Ariel intending to kill Jiggs to avenged lost honor stabbed the latter three times in
the chest, however due to prompt medical attention Jiggs was able to
survive the attack, Ariel is liable for:
a. Physical Injuries c. Frustrated Homicide
b. Attempted Homicide d. Frustrated Murder

55. When all the elements necessary for the execution and accomplishment of a
felony are present it is said to be:
a. Consummated c. Frustrated
b. Attempted d. Negligence

56. It is a physical activity or deed, indicating the intention to commit a particular

crime.
a. Act c. Fault
b. Omission d. Overt act

57. Abberatio ictus refers to:

a. Mistake of the facts c. Mistake in the blow
b. Mistake in the identity d. Ignorance of the law

58. What must be considered in determining whether the crime committed is only
attempted, frustrated or consummated?
a. Nature of the offense c. Manner of commission
b. Elements constituting the felony d. All of these

59. Refers to crimes consummated in one instant or by a single act.

a. Formal crimes c. Rational crimes
b. Informal crimes d. Irrational crimes

60. Refers to the obligation or suffering the consequences of crime.

a. Imputability c. Liability
b. Culpability d. Responsibility

61. A quality in which an act may be ascribed to a person as the author or owner.
a. Imputability c. Liability
b. Culpability d. Responsibility

62. Refers to felonies which the law imposes penalties which are correctional in
nature.
a. Grave - afflictive c. Light
b. Less grave d. Serious

63. When the law attaches capital punishment or afflictive penalties the felony is said
to be?
a. Grave c. Light
b. Less grave d. Slight

64. Infractions to the law punishable by arresto menor or a fine not exceeding 200
pesos or both.
a. Grave c. Light
b. Less grave d. Slight

65. Light felonies are made punishable only when they are:
a. Consummated c. Frustrated
b. Attempted d. Intended

66. Exemption to the general rule in cases of light felonies.

a. When committed against persons
b. When committed against chastity
c. When committed against honor
d. When committed against liberty

67. It exists when two or more persons come to an agreement to commit a felony.
a. Plan c. Piracy
b. Conspiracy d. Proposal

68. What occurs when a person who has decided to commit a felonyrecommends its
execution to some other person?
a. Conspiracy c. Proposal
b. Piracy d. None of the above

69. 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 except for state of necessity.
a. Justifying circumstances c. Exempting circumstances
b. Mitigating circumstances d. Aggravating circumstances

70. Equivalent to assault or at least threatened assault of an immediate nature.

a. Intent c. Dolo
b. Culpa d. Unlawful aggression

71. 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

72. What crime exists when a single act constitutes two or more grave or less grave
felonies?
a. Complex c. Composite
b. Continuing d. Compound

73. Who among the following are not exempted from criminal liability?
a. Children under 9 years of age
b. Insane persons
c. Children over 9 under 15 years of age acting with discernment
d. Imbecile persons

74. Refers to desired acts of a person to commit a crime.

a. Motive – moving power c. Fault
b. Intent d. Deceit

75. Those circumstances which if attendant to the commission of the crime would
serve to lower the penalty to a lesser degree.
a. Justifying c. Mitigating
b. Exempting d. Aggravating

76. An aggravating circumstance which generally apply to all crimes such as

dwelling, nighttime or recidivism.
a. Generic c. Qualifying
b. Specific d. Inherent

77. Refers to occurrences which happen beyond the sway of man’s will.
a. Nature c. Events
b. Accidents d. Phenomenon

78. Boy a policemanpersuades Allan to commit a felony, he arrested the latter after
its execution is committing.
a. Instigation c. Conspiracy
b. Entrapment d. Proposal

79. Refers to circumstances which if attendant in the commission of a crime serve to

increase the penalty, without however exceeding the maximum of the penalty
provided by law for the offense.
a. Justifying c. Mitigating
b. Exempting d. Aggravating

80. They are aggravating circumstances which change the nature of the crime, e.g.
homicide to murder in case of treachery.
a. Generic c. Qualifying
b. Specific d. Inherent

81. Refers to aggravating circumstance which applies only to particular crimes.

a. Generic c. Qualifying
b. Specific d. Inherent
82. An aggravating circumstance which come in the commission of the crime.
a. Generic c. Qualifying
b. Specific d. Inherent

83. Refers to a building or structure exclusively used for rest or comfort.

a. House c. Dwelling
b. Home d. All of the above

84. Whenever more than three armed malefactors shall have acted together in the
commission of an offense it is deemed to have been committed by:
a. Group c. Band
b. Brigands d. Team

85. Refers to a person who at the time of his trial for one crime shall have been
previously convicted by final judgment of another crime embraced in the same title of
the RPC.
a. Delinquent c. Recidivist
b. Habitual delinquent d. Offender

86. A person who has within a period of 10 years from the date of release or last
conviction is said to have been found guilty of the same offense particularly those of
physical injuries, estafa, theft and robbery is considered as a:FRETSL
a. Recidivist c. Habitual delinquent
b. Delinquent d. Quasi-recidivist

87. Any person who shall commit a felony while serving his sentence with a previous
conviction is classified as a :
a. Recidivist c. Habitual delinquent
b. Delinquent d. Quasi-recidivist

88. Which among the following is not among the requisites of evident premeditation?
a. Sufficient lapse of time
b. Time when the offender decided to commit the felony
c. Act indicating the has clung to his determination
d. Deliberate intent

89. It involves trickery and cunning on the part of the offender.

a. Craft c. Fault
b. Deceit d. Intent

90. Gloria lends Nany a bolo which was used in the murder of Mike is liable as an:
a. Principal c. Accomplice
b. Accessory d. Conspirator

91. Persons who aide the felons to hide away evidences or profit from the fruits of
the crime are said to be:
a. Principals c. Accomplices
b. Accessories d. Conspirators

92. The following are exempt from criminal liability as accessories in cases that the
principal should be the foregoing relatives except:
a. Spouse c. Descendant
b. Ascendant d. Cousins

93. Capital punishment or maximum penalty imposed by law.

a. Reclusion Perpetua c. Arresto mayor
b. Reclusion temporal d. Death by lethal injection

94. Refers to alevosia, or means and methods employed to insure its execution.
a. Craft c. Intent
b. Deceit d. Treachery

95. It pertains to moral order, adding disgrace to the material injury caused by the
crime.
a. Craft c. Ignominy
b. Treachery d. Evident premeditation

96. The following circumstances are always mitigated in terms of alternative

circumstances, except:
a. Low degree of education
b. Intoxication wherein the drunk person has not intended it or not a habitual
drunkard
c. Relationship in crimes against property
d. Relationship in crimes against persons

97. Poly stabbing Army is considered as a:

a. Principal c. Accomplice
b. Accessory d. Instigator

98. Emil persuades Jude to steal from his boss is a principal by:
a. Direct participation c. Indispensable cooperation
b. Induction d. Instigation
99. Which in the following enumeration is an example of an afflictive penalty?
a. Fine c. Distierro
b. Arresto mayor d. Prision mayor

100. What would be the nature of action for a person over nine years of age and
under fifteen to incur criminal liability?
a. Act with discernment c. Show criminal intent
b. Show malice d. Act negligently

101. It shall serve to deprive the offender rights of parental authority or guardianship.
a. Subsidiary penalty c. Suspension
b. Penalty d. Civil interdiction

102. Personal liability to be suffered by the convict who has no property to meet the
fine.
a. Subsidiary penalty c. Susp ension
b. Distierro d. Civil interdiction

103. A form of protection rather than a penalty in cases of Art 247 of the RPC.
a. Subsidiary penalty c. Suspension
b. Distierro d. Civil interdiction

104. The moving power which impels one to action for a definite result.
a. Intent c. Deceit
b. Motive d. Fault

105. It refers to an act committed or omitted in violation of a public law forbidding or

commanding it.
a. Dolo c. Felony
b. Culpa d. Crime

106. In cases wherein the commission of an offense is necessary in the commission

of another it is said that the crime is:
a. Formal crime c. Compound crime
b. Informal crime d. Complex crime

107. When did Act no. 3815 take effect?

a. January 1,1931 c. January 1, 1933
b. January 1,1932 d. January 1, 1934

108. Ignorantia Facti Excusat means:

a. Ignorance of the law c. Mistake of the blow
b. Mistake of facts d. Mistake in identity

109. Under this rule, crimes are not triable in the courts of that country, unless their
commission affects the peace and security of the territory or the safety of the state is
endangered.
a. French Rule c. Spanish Rule
b. American Rule d. English Rule

110. Failure to perform a positive duty which one is bound to do.

a. Act c. Dolo
b. Omission d. Culpa

111. Light offenses prescribe in:

a. 12 months c. 4 months
b. 6 months d. 2 months

112. The foregoing are persons exempt from the operation of criminal law by virtue of
the principles of public international law, except;
a. Heads of states c. Consul
b. Ambassadors d. Charges d’ affaires

113. It is a characteristic of criminal law stating that the law is binding on all persons
who live and sojourn in Philippine territory.
a. General c. Retrospective
b. Territorial d. Universal

114. It refers to a legislative act which inflicts punishment without a trial.

a. Ex post facto law c. Law on preferential application
b. Bill of attainder d. Self-repealing laws
116. Based on the diminution of intent, intelligence or freedom of action or the lesser
perversity of the offender.
a. Mitigating circumstances c. Exempting circumstances
b. Aggravating circumstances d. Alternative circumstances

117. In malicious mischief, this may be considered as a complete defense, due to it

being covered as an absolutory cause
a. It be committed against a relative
b. It be committed while being influenced by liquor
c. Degree of education of the offender
d. All of the above

118. Presumption is always in favor of sanity, hence to use this as a defense in

criminal cases, who has the burden of proof?
a. Defense c. Courts
b. Prosecution d. Psychologists and psychiatrist

119. When is an insane person not exempted from criminal liability?

a. When he acted with lucid interval while committing the crime
b. When he acted due to impulse
c. When he acted due to inducement
d. None of the above

120. Which among the following elementsis necessary to plead self defense?
a. Lack of sufficient provocation on the part of the person defending himself.
b. Reasonable necessity of the means employed to prevent or repel it.
c. Unlawful aggression
d. All of the above

121. Which among the following circumstance where the right of the accused may not
be waived?
a. Right to cross examination
b. Right to confrontation
c. Right to be informed of the nature and cause of the charge against him.
d. All of the foregoing

122. Felonies contained in Book II of the Revised Penal Code covering Art. 114 to
365 are classified under how many different titles?
a. 12 c. 14
b. 13 d. 15

123. It is the controlling factor to obtain jurisdiction over the vessel or aircraft.
a. Nationality of the owner c. Location of the vessel
b. Registration of the vessel d. All of the above

124. A Philippine vessel or aircraft must be understood as that and is to be registered

in what particular government agency.
a. Philippine Bureau of Customs
b. Department of Transportation and Communication
c. Philippine Ports Authority
d. Any of the above mentioned agencies

125. It retains original and exclusive jurisdiction over all offenses committed on high
seas of any registered Philippine vessel.
a. International courts c. Court of Appeals
b. Regional Trial Courts d. Supreme Court

126. Which among the subsequent statement is untrue?

a. In exempting circumstance, there is a crime but there is no criminal.
b. In justifying circumstance, there is no civil liability except in causing damage to
another in avoidance of greater evil or injury.
c. A person who acts by virtue of a justifying circumstance does not transgress the
law because there is nothing unlawful in the acts as well as in the intention of the
perpetrator.
d. None of the above

127. Which among the foregoing is a justifying circumstance?

a. Obedience to an order issued for some lawful purpose.
b. Insanity
c. Imbecility
d. Accident

128. The age of conditional responsibility;

a. 9 years and below
b. between 9 and 15 years
c. 18 or over to 70
d. Over 9 under 15 acting with discernment, or over 70 years old

129. Criminal law is binding to all persons who and stay in Philippine territory, this
characteristic is;
a. Territoriality c. Prospectivity
b. Generality d. Equality

130. Who among the following may not benefit from a retroactive effect of criminal law
where the new law establishes condition more lenient or favorable to the accused?
a. A person convicted of committing rebellion
b. Habitual criminal
c. First time offender
d. A person convicted of a felony punished by death

131. Which among the following are considered mitigating circumstances?

a. Jose a 71 year old man shot and killed his brother in law.
b. An incomplete self defense by Jimmy killing his aggressor.
c. Wally had no intention to commit so grave a wrong as that committed.
d. All of the above
132. Which among the following is not a common requisite in justifying circumstance
of self-defense, defense of a relative and defense of a stranger?
a. Unlawful aggression
b. Reasonable necessity of the means employed to prevent or repel it.
c. The person defending be not induced by revenge, resentment or other evil
motive.
d. None of the above

133. Which among the following circumstance is not exempted from criminal liability?
a. Imbecility c. Feeble-minded person
b. Insanity d. The offense was accidentally committed

134. The following are not efficient intervening causes, except;

a. The assault took place in a remote location where proper medical service is not
available.
b. Refusal by the injured or the victim of medical attention.
c. The weak physical condition of the victim due to heart disease.
d. Slight physical injury inflicted by the assailant but the victim died due to
infection of the wound by tetanus as determined by medical findings.

135. Which among the following does not belong to this group?
a. Negligence c. Lack of foresight
b. Imprudence d. Intent

136. Crimes are punished under the law in effect or in force at the time of their
commission.
a. General c. Prospective
b. Territorial d. Preferential

137. Which among the following rights may be legitimately defended by a person?
a. Right to life c. Right to honor
b. Right to property d. All of the foregoing

138. Which among the following constitutes unlawful aggression?

a. Slap on the face c. Slap on the face
b. Light push d. Foot-king greeting

139. Mental capacity to fully appreciate the consequences of an unlawful act.

a. Understanding c. Discernment
b. Lucid interval d. Perception

140. Which among the following is not considered as an absolutory cause?

a. Entrapment
b. Instigation
c. Spontaneous desistance of the person who commenced the commission of the
crime but could not perform all the acts of execution.
d. Accessories who are exempt from criminal liability.

141. Refers to those grounds where the acts committed is a crime but for reasons of
public policy and sentiment there is no penalty imposed.
a. Proximate cause c. Absolutory cause
b. Intervening cause d. Exempting circumstances

142. The following are basis for exempting circumstances, except;

a. Complete absence of intelligence
b. Complete absence of freedom of action
c. Complete absence of intent
d. Lesser perversity of the offender

143. Accessories are not liable for;

a. Grave felonies c. Light felonies
b. Less grave felonies d. Complex crimes

144. Which among the following is a compound crime?

a. The victim who was a barangay captain was killed while discharging his duties to
protect life and property and enforce the law in his jurisdiction.
b. The act of raping a girl and causing her physical injuries which required medical
attention for 20 days.
c. The single act of Mark in firing a shot, the same bullet causing the death of two
persons who were standing on the same line of the direction of the bullet.
d. A man fired his revolver twice in succession directed against two different
persons, killing one person and the injuring the other.

145. Which among the following is a complex crime?

a. Theft of firearm and illegal possession of same firearm.
b. Arson with homicide
c. Rebellion with murder
d. Multiple murder and destruction of property.

146. A was convicted of attempted homicide for having shot B without inflicting mortal
wound, under the Revised Penal Code he is punished by;
a. Reclusion perpetua c. Prision mayor
b. Reclusion temporal d. Prision correccional

147. Crimes punished by afflictive penalties shall prescribe in;

a. 5 years c. 15 years
b. 10 years d. 20 years

148. In complex crimes, the penalty imposed by law is;

a. The penalty for the most serious crime.
b. The penalty of the less serious crime
c. The penalty lower in degree of the most serious crime
d. The penalty higher in degree of the less serious crime

149. In order to commit the crime of rape, Dencio drunk several bottles of San Miguel
Beer Light, this circumstance is;
a. Mitigating c. Aggravating
b. Exempting d. Alternative

150. The following aggravate criminal responsibility, except:

a. That the advantage be taken by the offender of his public position.
b. That the act be committed with abuse of confidence or obvious ungratefulness.
c. That the accused is a recidivist
d. Any person who acts under the impulse of an uncontrollable fear of an equal
or greater injury.
1. Jimmy attempting to overtake another vehicle hit another car damaging the
same, he is liable for?
a. Damage to property through negligence
b. Malicious Mischief
c. Gross negligence
d. None of the above

2. Miriam left her .45 caliber at the table after cleaning it, her maid’s son was able to
get hold of it and played with it, the accidental discharged killed the boy, Miriam may
be held legally responsible for:
a. Homicide through reckless imprudence c. Homicide
b. Homicide through reckless negligence d. None of the foregoing

3. Dennis went out hunting with some friends, while hunting at night he shot dead
his companion Mike in the belief that he was a boar. What is his criminal liability?
a. Homicide through reckless imprudence c. Homicide
b. Homicide through gross negligence d. Murder

4. Jong was not aware that his car brakes were defective, while cruising along
Tomas Morato Avenue, a boy crossed the street, Jong was unable to stop his car in
time, hitting the child and causing serious physical injuries. Jong is liable for:
a. Physical injuries through imprudence c. Frustrated homicide
b. Physical injuries through negligence d. None of the foregoing

5. PO2 San Jose while engaged in hot pursuit, fired his pistol in the air as a warning
shot but instead killing a bystander is liable for:
a. Homicide through reckless imprudence c. Homicide
b. Homicide through reckless negligence d. None of the foregoing

6. SPO4 Jaen arrested Mr. Tucay due to attempted homicide committed while in his
presence, he is to deliver the apprehended person to proper judicial authorities within
a period not exceeding?
a. 12 hours c. 36 hours
b. 24 hours d. 48 hours

7. While conducting their nightly patrol, a PNP member arrested 6 persons involved
in a brawl, Art. 125 would prescribe that they should deliver those detained within
hour many hours to proper judicial authorities?
a. 12 hours c. 36 hours
b. 24 hours d. 48 hours

8. While armed with a valid search warrant legally obtained, P/Insp. Chicano
conducted the search by themselves in the location specified but without the owner of
the domicile or any other person. What crime was committed?
a. Illegal search c. Searching domicile without witnesses
b. Violation of domicile d. None of the foregoing

9. After losing in a hotly contested election, Mr. X ordered his men to use arms to
assault and prevent the elected official from the discharge of his duties, Mr. X may be
liable for:
a. Rebellion c. Coup d’ etat
b. Sedition d. Insurgency
10. Mr. A killed Mayor Y while the latter is in the discharge of his official duty, Mr. A
may be charged with:
a. Murder c. Direct assault
b. Homicide d. Direct assault with murder

11. Jamboy a public school teacher, while eating in a local restaurant was at the
same time encoding the grades of his students, Carling a former student who was
given a failing grade by Jamboy saw him and punched him in the stomach. Carling
may be held for:
a. Physical injuries c. Direct assault
b. Unjust vexation d. Indirect assault

12. A local sheriff while trying to enforce an eviction order was stabbed at the back
Mr. H killing him in the process, the former is liable for:
a. Homicide c. Direct assault
b. Murder d. Direct assault with murder

13. Who among the following may is not considered as a person in authority?
a. Teacher c. Nurse
b. Municipal Mayor d. Policeman

14. Allan together with his friends scattered human excrements on the stairs and
doors of their school may be held liable for:
a. Malicious mischief c. Other mischief under Art. 329
b. Grave scandal d. Unjust vexation

15. Zoilo punched his friend Pol while arguing with the latter; as a result of the blow
three incisors were lost. Zoilo may be held answerable for:
a. Physical injuries c. Less serious physical injuries
b. Slight physical injuries d. Serious physical injuries

16. An accused while raping a 21 year old lady stabbed her to death in order to
silence the latter, he may be guilty for:
a. Rape c. Rape and homicide
b. Murder d. Rape with homicide

17. A and B after robbing a local 7-11 store killed the store clerk to dispose of any
witness. They may be held liable for:
a. Robbery c. Homicide
b. Robbery and homicide d. Robbery with homicide

18. Benny lent his house to be used by his friends as a place of detention may be
liable as an:
a. Principal c. Accomplice
b. Accessory d. None of the above

19. Teofila in the effort of trying to convince her co-employees to sell her t-shirts told
them that if they would not sell the goods, they will be suspended from work, she may
be liable for:
a. Grave threat c. Grave coercion
b. Light threat d. Light coercion

20. Renato was able to get hold of a ladies bag while walking in the crowded street in
Quiapo, however before absconding the crime scene he was caught by an
undercover cop, the crime of theft is:
a. Attempted c. Consummated
b. Frustrated d. None of the foregoing
21. Totie shot Jose his brother in the abdomen, penetrating the latter’s chest and
liver, by reason of prompt medical attention the offended party survived, what
particular crime has been committed by Totie?
a. Attempted homicide c. Consummated serious physical injuries
b. Frustrated homicide d. Frustrated parricide

22. Jules aimed his pistol at his wife Alexandra with the intention to shoot her, he
then pressed the trigger but it jammed and no bullet was fired, he is liable for what
offense?
a. Attempted parricide c. Attempted murder
b. Frustrated parricide d. Attempted homicide

23. A truck loaded with stolen boxes of Lacoste T-shirts was on way out of the guard
station at the bodega surrounded by tall fence and high walls when the guard
discovered the boxes on the truck. What crime was committed?
a. Attempted robbery c. Attempted theft
b. Frustrated robbery d. Frustrated theft

24. Ramil intended to kill Dennis by shooting the latter; however the wound inflicted
did not affect vital organs and only hit the victim’s right arm due to Ramil’s warning
before shooting him, what crime was committed?
a. Attempted homicide c. Attempted murder
b. Frustrated homicide d. Frustrated murder

25. Refers to the obligation of obedience and fidelity which a person owes the
government under which they live, in return for protection they receive.
a. Loyalty c. Sovereignty
b. Allegiance d. Adherence

26. It means confinement or restraint upon persons.

a. Arrest c. Abduction
b. Detention d. Kidnapping

27. A policeman who arrests a person who was caught in act of punching another
slightly injuring the offended party must deliver the detained person to proper judicial
authority within how many hours?
a. 12 hours c. 24 hours
b. 18 hours d. 36 hours

28. SPO4 Antazo entered the dwelling of Ms. Recto against the latter’s will to
search for unlicensed firearms is liable for;
a. Violation of domicile c. Expulsion
b. Trespass to dwelling d. Abuse of authority
29. In Bulacan, Rev. Villanueva with intention to perform a religious ceremony, was
prevented by police officers by making actual threats from going to church, as a result
the ceremony was not celebrated, the policemen are liable for:
a. Interruption of religious worship c. Grave coercion
b. Offending religious feelings d. Grave threats

30. Eddie remarked that the Pope was Satan and that those who believe in him are
demons is liable for:
a. Interruption of religious worship c. Slander
b. Offending religious feelings d. Libel

31. Ping a senator punched Joe a congressman, the latter filed criminal charges
against Ping for physical injuries; Ping was arrested by General Berroya while going
to congress for a special session, what crime was committed by the arresting officer?
a. Violation of domicile c. Unlawful arrest
b. Violation on parliamentary immunity d. None

32. Refers to a person directly vested with jurisdiction.

a. Person in authority c. Elected official
b. Public official d. Agents of persons in authority

33. PO2 Candelaria asked for assistance while being mobbed for arresting a
popular criminal, three persons assisted him but they were injured in the process,
what crime was committed against the three persons?
a. Direct assault c. Physical injuries
b. Indirect assault d. None of the foregoing

34. A in resistance to a body search laid hands upon a police officer, no apparent
legal basis for the search was given, what crime was committed by A?
a. Resistance and disobedience to a person in authority or the agents of that person.
b. Direct assault
c. Indirect assault
d. None of the foregoing

35. Refers to the act of passing counterfeited coins.

a. Forgery c. Utter
b. Import d. Counterfeiting

36. Nanette wrote Ricky’s name on the back of the treasury warrant payable to the
latter, as if Ricky has endorsed the check to her, then presented it for payment, what
crime was committed?
a. Forgery c. Utter
b. Import d. Counterfeiting

37. Mr. X a government prosecutor accepted a Rolex watch as a birthday gift from
Mr. T a person accused of homicide; Mr. X is liable for:
a. Direct bribery c. Corruption
b. Indirect bribery d. None of the foregoing

38. P/Insp. Boy Habagat who refrains from arresting Anjo for committing murder in
exchange for 88,000 pesos is guilty of;
a. Direct bribery c. Qualified bribery
b. Indirect bribery d. Corruption

39. Cathy offered a diamond ring to John a certified public accountant under the
employ of the Bureau of Internal Revenue in exchange for a lower tax. She is liable
for;
a. Direct bribery c. Qualified bribery
b. Indirect bribery d. Corruption of public officials

40. Pres. Marcoyo diverted funds allocated for the construction of a national highway
to serve as cash incentives for public school teachers during the elections, may be
guilty of?
a. Malversation c. Corruption
b. Illegal use of public funds d. Illegal use of public property
41. SPO3 Ponce inflicted physical injuries on a detainee to obtain relevant
information in the commission of the crime, he may be liable for;
a. Physical injuries c. Misfeasance
b. Maltreatment of prisoners d. Malfeasance

42. Refers to physical ugliness or permanent and definite abnormality.

a. Injury c. Deformity
b. Scar d. All of the foregoing

43. Andy punched Max on the eye which produced a contusion, what crime was
committed?
a. Slight physical injuries c. Serious physical injuries
b. Less serious physical injuries d. Maltreatment

44. It is a building or structure devoted for comfort or rest.

a. House c. Dwelling place
b. Residence d. Abode

45. Mario hunted and shot down a wild boar while inside a private farmowned by Mr.
Amoranto, the former may be liable for;
a. Theft c. Trespass
b. Robbery d. Qualified theft

46. Mr. J agreed to sell Mr. G first class rice and received from Mr. G the purchase
price thereof, but Mr. J delivered poor quality rice, Mr. J committed;
a. Theft c. Abuse of confidence
b. Qualified theft d. Estafa

47. Pedro gave Eddie 3,500 pesos for payment of a Ralph Blue perfume, however
Eddie did not gave Pedro the perfume and instead absconded, what crime was
committed?
a. Estafa c. Robbery
b. Theft d. Malversation

48. X pawned his car to W, later pretending to have money for redeeming the car X
asked for it and rode away without paying the loan, X is liable for:
a. Estafa c. Robbery
b. Theft d. Malversation

49. Refers to a home of the husband and his wife.

a. Conjugal dwelling c. Dwelling place
b. Residence d. Abode

50. H who was very fond of M, kissed and embraced the latter and touching the
girl’s breast as a mere incident of the embraced is liable for;
a. Attempted rape c. Unjust vexation
b. Acts of lasciviousness d. Lewd conduct

51. It requires the concurrence of two things, that there being an actual assembly of
men and for such purpose of executing a treasonable design by force.
a. Aid or comfort c. Adherence to the enemy
b. Levying war d. All of the foregoing

52. What crime is committed against mankind, and whose jurisdiction consequently
recognizes no territorial limits?
a. Mutiny c. Piracy
b. Espionage d. Sedition

53. A person who executes a false affidavit may be held liable for:
a. Forgery c. Falsification
b. Perjury d. False testimony

54. A threatened to kill B if the latter will not give him 2,000 pesos. What crime has
been committed by A?
a. Grave threat c. Kidnapping for ransom
b. Grave coercion d. Attempted murder

55. The degree of proof required to convict a person accused of treason.

a. Dangerous tendency rule c. Proof beyond reasonable doubt
b. Two witness rule d. Substantial evidence

56. PO1 Mendoza, who without legal grounds detains Ms Sagun for being ugly is
liable for:
a. Illegal detention c. Kidnapping
b. Arbitrary detention d. Expulsion

57. It is committed by a person, who being under oath is 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 c. Falsification
b. Perjury d. False testimony

58. A detained prisoner was allowed to eat and drink in a nearby restaurant on
several occasions;he was at all times duly guarded. Assuming that it was done with
the warden’s permission, the warden may be charged with what particular offense?
a. Infidelity c. Laxity
b. Negligence of duty d. Dereliction of duty
59. Refers to the omission of some acts which ought to be performed.
a. Misfeasance c. Nonfeasance
b. Malfeasance d. Dereliction of duty

60. Consists 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. Slander d. Libel

61. A person arrested for the commission of an offense punishable by afflictive

penalties must be delivered to the proper judicial authority within how many hours?
a. 12 c. 36 hours
b. 18 d. 48 hours

62. It is the unauthorized act of a public officer who compels a person to change his
residence.
a. Violation of domicile c. Trespass to dwelling
b. Arbitrary detention d. Expulsion

63. A person having knowledge of the plans to commit treason and fails to disclose
such information to the governor, fiscal or mayor is guilty of what crime?
a. Treason c. Conspiracy to commit treason
b. Espionage d. Misprision of treason

64. It is a felony which in its general sense is raising of commotions or disturbances

in the state outside of the legal method.
a. Treason c. Coup d’ etat
b. Rebellion d. Sedition

65. 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
b. Acts tending to prevent the meeting of the National assembly
c. Violation of parliamentary immunity
d. All of the foregoing

66. Exemption to violation of parliamentary immunity, when a member of congress

while in regular session :
a. Committed a crime punishable by the Revised penal code
b. Committed a crime punishable by prision mayor
c. Committed a crime punishable by a penalty higher than prision mayor
d. None of the foregoing

67. 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 c. Prostitute
b. Vagrant d. Destitute

68. 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

69. The nature of the crime of treason and espionage.

a. War crime
b. Crime against national security and the law of nations
c. Crime against public order
d. Crimes against the state

70. 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

71. Groups which are organized for the purpose of committing any crime against the
RPC or for other purposes contrary to public morals.
a. Illegal assembly c. Sedition
b. Illegal association d. Rebellion

72. When a gathering of persons is held with the presence of armed men and the
purpose of the meeting is to commit any crime punishable under the RPC, what crime
is committed?
a. Illegal assembly c. Sedition
b. Illegal association d. Rebellion

73. Implies anything which includes offensive or antagonistic movement or action of

any kind.
a. Overt acts c. Attack
b. Employ force d. Stealth

74. Mass uprising has been undertaken by supporters of Gloria Pandaka wherein
they resort to violence to stop the holding of the forthcoming elections, what crime
was committed?
a. Illegal assembly c. Rebellion
b. Violation of parliamentary immunity d. Sedition

75. X a PCCr student assisted SPO1 Anico who was being assaulted by Mr. A while
resisting arrest, Mr. A then kicked Mr. X. What was the crime committed by Mr. A with
respect to X?
a. Direct assault c. Resistance
b. Indirect assault d. Disobedience

76. Jason, a college student punched his gay teacher while on class may be held
liable for:
a. Direct assault c. Resistance
b. Indirect assault d. Subversion

77. Includes medley of discordant voices, a mock serenade of discordant noises

designed to annoy and insult.
a. Outcry c. Assault
b. Tumultuous d. Charivari

78. Mr. K fired his pistol towards the sky during the celebration of his birthday is
liable for:
a. Illegal possession of firearms c. Alarm and scandal
b. Illegal discharge d. All of the foregoing

79. Poly who frequently introduces himself as an NBI agent under false pretense
may be held liable for:
a. Usurpation of authority c. Disobedience
b. Estafa d. Resistance

80. Lex having been convicted of estafa escaped from BJMP personnel, what felony
was committed ?
a. Delivering prisoners from jail c. Resistance
b. Evasion of service of sentence d. Disobedience

81. To settle his debt, Lucas imitated 500 peso, he is liable for:
a. Falsification of documents c. Forgery
b. Intercalation d. Rubric

82. Breach of allegiance to a government, committed by a person who owes

allegiance to it.
a. Treason c. Adherence to the enemy
b. Espionage d. Levying war

83. Any other name of a person which publicly applies to himself without authority of
the law.
a. Alias c. Fictitious name
b. AKA d. True name

84. To avoid being charged with delay in the delivery of persons to proper judicial
authorities, a person caught in the act of committing a felony punishable by penalties
which are correctional in nature must be delivered to said authorities within how many
hours?
a. 12 c. 36
b. 18 d. 48

85. Refers to the gathering, transmitting or losing information relative to national

defense with intent to be used to the injury of the Republic of the Philippines.
a. Treason c. Conspiracy to commit treason
b. Espionage d. Misprision of treason

86. PO2 Paras, forcibly entered the dwelling of Benjie who is a suspected drug
pusher, what crime was committed by the public officer?
a. Violation of domicile c. Trespass to dwelling
b. Arbitrary detention d. Expulsion

87. Refers to the resistance to a superior officer, and or raising of commotions and
disturbance on board a ship against the authority of the commander.
a. Mutiny c. Piracy
b. Espionage d. Sedition

88. The following are legal grounds for detention, except:

a. Commission of a crime
b. Violent insanity
c. Ailment requiring compulsory confinement
d. Suspected of committing a felony under the Revised Penal Code

89. It means intent to betray a person’s country of origin.

a. Aid or comfort c. Adherence to the enemy
b. Levying war d. All of these

90. To expedite the processing of benefit claims from the GSIS a clerk accepted
1,000 pesos from the Mr. H. , the clerk is liable for:
a. Bribery c. Indirect bribery
b. Qualified bribery d. Direct bribery

91. B wanted to kill A, he then executed his plan by ramming over the latter with his
automobile killing B instantly, what was the crime committed?
a. Parricide c. Homicide
b. Murder d. Infanticide

92. Anne killed her husband Jojo by means of poison, she is liable for:
a. Parricide c. Homicide
c. Murder d. Infanticide

93. Pedro due to his addiction killed his child less than 3 days old, he is guilty of
what crime?
a. Parricide c. Homicide
b. Murder d. Infanticide
94. It is the violent expulsion of a human fetus from the maternal womb of birth which
results in death.
a. Infanticide c. Murder
b. Abortion d. Parricide

95. Takes place whenever a person is killed during a confusion attendant to a quarrel
among several persons not constituting a group and the perpetuators cannot be
ascertained.
a. Homicide c. Death caused by tumultuous affray
b. Murder d. Riots

96. A public officer who refrains from arresting a person who has committed a crime
punishable by reclusion perpetua in exchange for money.
a. Bribery c. Indirect bribery
b. Qualified bribery d. Direct bribery

97. It is embezzlement by means of appropriating funds or taking and

misappropriating the same.
a. Malversation c. Malfeasance
b. Misfeasance d. Nonfeasance
98. A person who shall kill his father, mother or child shall be guilty of what felony?
a. Parricide c. Homicide
b. Murder d. Infanticide

99. The unlawful killing of a child less than three years old.
a. Parricide c. Homicide
b. Murder d. Infanticide

100. A person fired his pistol while paramour of his father was walking farther away
from him killing the latter instantly is guilty of?
a. Parricide c. Homicide
b. Murder d. Infanticide

101. Romeo, having carnal knowledge with a prostitute less than 12 years old is liable
for:
a. Rape c. Seduction
b. Acts of lasciviousness d. Abduction

102. A private individual who detains another for the purpose of depriving the latter of
his liberty for more than three days is guilty of:
a. Illegal detention c. Serious illegal detention
b. Arbitrary detention d. Slight illegal detention

103. Jun who got into a dispute with Jeff, assaulted the latter for the purpose of
delivering his victim to the jailer is guilty of what crime?
a. Illegal detention c. Unlawful arrest
b. Illegal arrest d. Physical injuries

104. Refers to a crime committed by any person who threatens another with the
infliction upon the person, honor, or property of the latter or of his family of any wrong
amounting to a crime.
a. Grave threat c. Grave coercion
b. Light threat d. Light coercion

105. When a warning to commit a wrong not constituting a crime is made by another,
what crime is committed?
a. Grave threat c. Grave coercion
b. Light threat d. Light coercion

106. A husband punched his pregnant wife due to constant nagging, caused the death
of their unborn child is guilty of:
a. Parricide c. Intentional abortion
b. Abortion d. Unintentional abortion

107. A formal and regular combat previously concerted between two parties in the
presence of two or more seconds of lawful age on each side, who make the selection
of arms and fix all other conditions.
a. Riot c. Tumultuous affray
b. Duel d. Mutilation
108. A woman cutting the penis of a male lover to deprive the latter of its use, is
committing what crime?
a. Physical Injury c. Tumultuous affray
b. Duel d. Mutilation

109. What crime was committed by a Mike who bit off the ear of his opponent while in
a boxing match?
a. Mutilation c. Less serious physical injuries
b. Serious physical injury d. Slight physical injuries

110. What crime is committed by a person who assaulted another, causing the latter
to be absent from work for two weeks?
a. Mutilation c. Less serious physical injury
b. Serious physical injury d. Slight physical injury

111. It is a felony wherein a person compels another by means of force, violence or

intimidation to do something against his will, whether right or wrong.
a. Grave threat c. Grave coercion
b. Light threat d. Light coercion

112. Any person who, by means of violence shall seize anything belonging to his
debtor for the purpose of applying the same to the payment of a debt, is committing:
a. Grave threat c. Grave coercion
b. Light threat d. Light coercion

113. It includes human conduct which, although not productive of some physical or
material harm would annoy an innocent person.
a. Light threat c. Unjust vexation
b. Light coercion d. None of these

114. Issuing a check without sufficient fund constitute what offense?

a. Swindling c. Violation of BP 22
b. Estafa d. All of these

115. What crime was committed when a person burned the house of his dead victim
to hide the body of the crime?
a. Complex crime c. Arson with homicide
b. Murder d. Homicide and arson

116. PO3 Diokno was stabbed while walking along a dark alley, he died on the spot
and the perpetrator took his service pistol?
a. Murder c.Homicide and robbery
b. Robbery d. Robbery with homicide

117. It is the willful damaging of another’s property for the sake of causing damage
due to hate, revenge or other evil motive.
a. Swindling c. Malicious mischief
b. Destruction of property d. Chattel mortgage

118. What crime was committed by Tess a married person, having sexual intercourse
with Ody who is not her husband?
a. Adultery c. Acts of lasciviousness
b. Concubinage d. Seduction

119. Boy, a married man who allowed his paramour to live in their conjugal dwelling is
liable for what crime?
a. Adultery c. Acts of lasciviousness
b. Concubinage d. Seduction

120. Lewd acts committed upon persons of either sex not amounting to rape by using
force or intimidation.
a. Adultery c. Acts of lasciviousness
b. Concubinage d. Seduction

121. A person who ripped the dress of a woman and rubbed his penis over the
woman’s genital without taking off the panty is liable for what crime?
a. Rape c. Forcible abduction
b. Seduction d. Acts of lasciviousness

122. Pedro was able to have carnal knowledge with his girlfriend by promising the
latter with marriage, what crime was committed?
a. Seduction c. Abduction
b. Acts of lasciviousness d. None of these

123. Is the taking of personal property belonging to another, with intent to gain, by
means of violence against, or intimidation upon things of any person, or using force
upon anything.
a. Robbery c. Brigandage
b. Theft d. Estafa

124. Allan took several jewelry from a room in which he entered through the window
committed what crime?
a. Robbery c. Brigandage
b. Theft d. Estafa

125. A genuine key stolen from the owner is considered as a:

a. False key c. Stolen item
b. Hot item d. Pick lock

126. G stole a Rolex watch from a locker by means of the key of the owner, what
crime was committed?
a. Theft c. Possession of pick locks
b. Robbery d. Possession of false keys
127. A crime committed by more than three armed malefactors who form a band for
the purpose of committing robbery in the highway or kidnapping persons for the
purpose of extortion or to obtain ransom, or for any other purpose to be attained by
means of force and violence.
a. Robbery c. Brigandage
b. Kidnapping d. Theft
128. Committed by any person who, with intent to gain but without violence or
intimidation of persons nor force upon things, shall take personal property of another
without the latter’s consent.
a. Robbery c. Brigandage
b. Kidnapping d. Theft

129. Jolina a housemaid who was caught in the act of carting away the furniture of her
employer would be charged of what crime?
a. Theft c. Qualified theft
b. Robbery d. Estafa

130. Altering the place of a mojon in the lot to insure that the property would be larger
when surveyed is a crime of:
a. Estafa c. Usurpation
b. Chattel mortgage d. Altering boundaries or landmarks

131. It is estafa or defrauding another by abuse of confidence, false pretenses or any

other similar means.
a. Swindling c. Usurpation
b. Brigandage d. All of these

132. A college professor having sexual intercourse with his student is guilty of what
crime?
a. Seduction c. Abduction
b. Qualified seduction d. None of these

133. Joe recruited several barrio mates to engage in the sex trade, what crime was
committed?
a. Prostitution c. Slavery
b. White slave trade d. None of the foregoing

134. A person who forced his girlfriend to elope with him is guilty of what crime?
a. Forcible abduction c. Seduction
b. Consented abduction d. Qualified seduction

135. Dingoy was able to have carnal knowledge with Maria his girlfriend while the
latter was drunk, what crime was committed?
a. Acts of lasciviousness c. Qualified seduction
b. Rape d. None of these

136. Having carnal knowledge with a 16 year old girl with the use of deceit constitutes
what crime?
a. Seduction c. Acts of lasciviousness
b. Abduction d. Rape

137. A public and malicious imputation of a crime, vice or defect.

a. Libel c. Slander
b. Slander by deed d. Incriminatory machination

138. Police officers to ensure conviction of the suspects were caught planting
evidence, may be held liable for what offense?
a. Libel c. Slander by deed
b. Slander d. Incriminatory machination

139. Unlawful extortion of money by threats of accusation or exposure.

a. Slander c. Coercion
b. Libel d. Blackmail

140. Voluntary but without malice failing to do an act from which material damage
results by reason of inexcusable lack of precaution on the part of the person
performing the act.
a. Negligence c. Reckless imprudence
b. Imprudence d. Reckless negligence

141. The following are crimes over which Philippine Laws have jurisdiction even if
committed outside the country, except:
a. Espionage c. Treason
b. Piracy and Mutiny d. Rebellion

142. A suspected arsonist was caught. Evidence revealed that he poured gasoline
under the house of another and lit a candle to set the house on fire, fortunately a
deluge of rained poured and the conflagration was averted, but the wall of the house
was slightly burned. What crime was committed?
a. Malicious mischief c. Frustrated arson
b. Attempted arson d. Consummated arson

143. Elsa slapped Fely’s face in front of their co-employees, what crime was
committed by Elsa?
a. Slander by deed c. Malicious mischief
b. Unjust vexation d. Physical injury

144. A municipal treasurer appropriating public funds and misappropriating public

property is committing;
a. Malversation c. Fraud
b. Estafa d. Theft

145. Killing of a child less than three days old.

a. Murder c. Homicide
b. Parricide d. Infanticide

146. In a fit of jealousy, Maria set fire on the “La Coste” shirt of her boyfriend, Pedro.
What crime did Maria commit?
a. Arson c. Destruction of private property
b. Physical injuries d. Malicious mischief

147. A with intention to kill B went to the house of the latter. B was found lying in bed
and A shot B three times in the head, without knowing that an hour before, B died of a
heart attack, what crime was committed?
a. Murder c. Impossible crime
b. Homicide d. Trespass to dwelling
148. Crimes against religious worship are of two kinds, one is offending religious
feelings and the other is_______.
a. Interruption of religious worship c. Revelation of religious secret
b. Usurpation of powers d. None of these

149. A suspended city mayor who continues to exercise his powers and duties of
office may be liable for;
a. Sedition c. Abandonment of office or position
b. Prolonging performance of duties and powers d. Disobedience

150. Gloria, appointed her niece a law graduate as a public prosecutor, may be held
liable for:
a. Unlawful appointment c. Unjust appointment
b. Illegal appointment d. None of these

151. A municipal employee who openly refuses to deliver to the mayor, after repeated
instructions from the latter, the keys to the municipal building and the seal under her
custody is liable for:
a. Disobedience c. Open Disobedience
b. Grave abuse of discretion d. Nonfeasance

152. The act of a person who shall orally threaten to do another any harm not
constituting a felony is committing;
a. Grave threat c. Grave coercion
b. Light threat d. Light coercion

153. X picked the pocket of Y, took Y’s wallet and walked away. Y discovered that his
wallet was taken ran after X, who was casually walking a few meters ahead. Y
confronted X to return his wallet, but X punched Y and ran away. What crime was
committed?
a. Theft c. Frustrated theft
b. Robbery d. Frustrated robbery

154. A woman who pretends to be regnant and simulates a birth to belie rumors that
she is a lesbian but introduces no strange child to her family, causes no child to lose
civil status and in fact occasions no damage, whether remote or immediate is liable
for;
a. Falsification of a public document c. Usurpation of civil status
b. Simulation of Birth d. None of these

155. Ariel impersonates himself to be Allan, the son of another and assumes the
rights of the latter is liable for;
a. Falsification of a public document c. Simulation of Birth
b. Fraud d. Usurpation of civil status

Case study 1:

Akong, a cook in a local restaurant always fearing of bad elements is a very cautious
man. One night before going to bed, he locked himself in his room placing a chair
against the door. Hours later, he was awakened by someone trying to open the door.
He called out twice, “who is there?”, but received no reply. Fearing that the intruder
was a robber; he leaped from his bed and shouted”if you enter the room I will kill you!”
At that moment, he was struck by the chair that has been placed against the door,
and in the belief that he was being attacked, he seized a kitchen knife and struck and
fatally wounded the intruder who turned out to be his roommate Alex.

Questions:

156. Assuming that Akong is liable under the following circumstances, what crime
has he committed?
a. Frustrated murder c. Serious physical injuries
b. Frustrated homicide d. Attempted homicide

157. Which of the following evidence is least material to the case?

a. Chair c. Knife
b. Bed d. the warning

158. Which among the following specific circumstance may be invoked by Akong?
a. Treachery c. Accident
b. Mistake of fact d. Mistake of identity

159. Which among the following circumstance affecting criminal liability, in general
applies in this situation?
a. Justifying c. Mitigating
b. Aggravating d. Exempting

Case Study 2:

X and Y are neighbors, during a drinking session, X punched Y without any

provocation. Y’s injuries required medical attendance for a period of 5 days.

Questions:

160. What was the crime committed by X?

a. Slight physical injuries c. Serious physical injuries
b. Ill treatment d. Less serious physical injuries
161. Considering the facts, the policeman on the case should?
a. File the case directly with the court
b. File the case before the prosecutor’s office
c. File the case himself before the Barangay Court
d. Instruct Y to refer the matter first before the Barangay Court

162. Assuming that X was drunk at the time of the committed the offense; his
drunkenness would be considered as:
a. Mitigating circumstance c. Alternative circumstance
b. Exempting circumstance d. Aggravating circumstance

163. Should the result of the blow of X was death to Y, the investigator on case
should concentrate and stress on:
a. Whether or not X was drunk
b. Whether or not there was really no intent to kill
c. Whether or not Y was also drunk
d. The Barangay court has no jurisdiction

Case Study 3:

Dr. Cantada had frequently quarreled with his wife Veronica due to his illicit relation
with his secretary, he decided at the spur of the moment to kill his wife after the latter
slapped him. He mixed poison in her milk, but when his wife drunk it, He employed his
medical skills in extracting the substance from her stomach thereby preventing her
death.

Questions:

164. What crime/stage has been committed/reached by the acts of Dr. Cantada?
a. Attempted parricide c. Consummated parricide
b. Frustrated parricide d. Consummated physical injuries
165. Should there be no marriage between Dr. Cantada and Veronica, what crime
was committed by Dr. Cantada?
a. Physical injuries c. Murder
b. Homicide d. Parricide

Case study 4:

C and B are brothers; by promise of price C induced A to kill B, who was living on a
remote island. D the owner of the only motor boat in that area and knowing of the
criminal designs of A and C offered his services and transported A to the island. Once
there, A alone killed B by shooting the latter while sleeping.

Questions:

166. What crime has been committed A?

a. Homicide c. Infanticide
b. Parricide d. Murder

167. What was the criminal participation of C in the killing of his brother?
a. Principal by direct participation
b. Principal by induction
c. Principal by indispensable cooperation
d. Accomplice

168. The owner of the motor banca D is liable as a:

a. Principal by direct participation
b. Principal by induction
c. Principal by indispensable cooperation
d. Accomplice
169. What was the crime did C committed?
a. Homicide c. Infanticide
b. Parricide d. Murder

170. Assuming that A took several jewelry from B, and gave it to his wife who knew
where it came from and the latter sold it for profit, what was the criminal participation
of the wife of A?
a. Principal c. Accomplice
b. Accessory d. None of the above

1. Which among the foregoing may not be filed by the accused before arraignment?
a. Motion to quash c. Bill of lading
b. Motion to suspend proceedings d. Bill of particulars

2. Demurrer to evidence may be filed:

a. After the prosecution has rested its case
b. After arraignment
c. After trial
d. After the defense has rested its case

3. Arraignment may be suspended in the following situations; except:

a. A petition for review of the resolution of the prosecutor is pending with the
Department of Justice.
b. There exists a prejudicial question.
c. The accused has been found to be of an unsound mental condition.
d. There is probable cause to hold the accused for trial.

4. Which among the following may not be undertaken during the pre-trial?
a. Marking of evidence c. Stipulation of facts
b. Examination of witnesses d. Plea bargaining

5. For offenses punishable by prision mayor of higher, a provisional dismissal shall

become permanent ______ after the issuance of order without the case having been
revived.
a. Six months c. Two years
b. One year d. Three years

6. Refers to the party appealing the case.

a. Accused c. Adverse party
b. Appellee d. Appellant
7. The rules allow the proceeding in the instant case to be re-opened to avoid
miscarriage of justice:
a. After the promulgation of judgment
b. Before promulgation of judgment
c. After finality of the judgment for conviction
d. Before the finality of judgment of conviction

8. The following are valid venue for the application for search warrant, except:
a. Any regional trial court
b. Any court within whose territorial jurisdiction the crime was committed
c. Any court within the judicial region where the crime was committed
d. Any court within the judicial region where the warrant may be enforceable.

9. Decisions of the Regional Trial Court may be appealed to the Court of Appeals by:
a. Petition for certiorari c. Petition for review on certiorari
b. Petition for review d. Notice of appeal

10. Within how many days after the prosecution has rested its case, may a motion for
leave to file demurrer to evidence be filed?
a. 5 days c. 15 days
b. 10 days d. 30 days

11. Preliminary investigation is required before the filing of information or complaint

where the penalty for the offense is:
a. At least 4 years, 2 months and 1 day c. Exceeding 6 years
b. At least 6 years d. Exceeding 4 years, 2 months

12. Which among the foregoing pleadings may be filed in a criminal case?
a. Cross claim c. Third party complainant
b. Counterclaim d. Counter-affidavit

13. When may the reservation of the right to institute a separate civil action shall be
made?
a. Before the presentation of evidence of the prosecution
b. Before the prosecution rests
c. Before arraignment
d. During the pre-trial conference

14. The following except one, are valid venues, where may petition for suspension of
criminal action by reason of a pending prejudicial question in a civil proceeding:
a. Office of the prosecutor
b. The court where the criminal case is pending
c. The court where the civil case is pending
d. The court conducting preliminary investigation

15. The foregoing offenses shall only be prosecuted upon a complaint of the offended
party, her parents or grandparents except:
a. Rape c. Seduction
b. Abduction d. Acts of lasciviousness
16. In designating the offense, which among the following is not included in the
complaint or information?
a. Name of the offense c. Acts which constitute the offense
b. Mitigating circumstances d. Aggravating circumstances

17. Civil action for the recovery of civil damages arising from a criminal offense is
deemed instituted with the criminal action. This rule does not apply in the following
cases, except:
a. When the offended party institutes the criminal action
b. When the offended party waives the civil action
c. When the offended party institutes the civil action before the criminal action.
d. When the offended party reserves the right to institute a separate civil action.

18. Amendment without court permission may be allowed in the following instances,
except:
a. Amendment as to form
b. Amendment that downgrades the nature of the offense
c. Amendment as to substance
d. Amendment that reflects typographical errors.

19. In a preliminary investigation, which among the following may not be submitted by
the respondent?
a. Motion to dismiss c. Supporting documents
b. Counter affidavit d. Witnesses’ counter affidavit

20. Where a preliminary investigation has been undertaken, warrant of arrest is not
necessary in the following circumstances, except:
a. When the penalty for the offense is a fine
b. When there is probable cause
c. When warrant of arrest has already been issued
d. When the information or complaint has been filed under section 7, rule 112.

21. Refers to the authority of the court to hear and decide cases.
a. Venue c. Jurisdiction
b. Criminal Procedure d. Jurisprudence

22. Summary procedures may be applied in the following cases. Except;

a. Violation of rental laws
b. Violation of traffic laws, rules and regulations
c. Violation of city or municipal ordinances
d. Criminal cases where the penalty prescribed for by law is imprisonment not
exceeding six years

23. Court which exercises jurisdiction over cases involving RA 3019.

a. Supreme Curt c. Regional Trial Courts
b. Court of Appeals d. Sandiganbayan

24. In the Metropolitan Trial Courts, the complaint may be filed with:
a. Office of the prosecutor c. Office of the judge
b. Office of the clerk of court d. Office of the Ombudsman
25. Which among the following is not an essential requisite of a complaint or an
information?
a. It must be filed in court
b. It must be in writing
c. It must be in the name of the People of the Philippines
d. It must be filed with the office of the prosecutor

26. Generally, the following are requisites for an information, except:

a. The offended party
b. Any peace officer
c. Any public officer charged with the enforcement of the law violated
d. Any Fiscal

27. In crimes involving adultery and concubinage, who may file the compliant?
a. The prosecutor
b. Any peace officer charged with enforcement of the law violated
c. The offended spouse
d. All of the foregoing

28. The information or complaint should state the following except:

a. Name of the accused c. Name of the court
b. Name of the offended party d. Designation of the offense by statute

29. When may the offended party be allowed to intervene in criminal cases?
a. When he has not waived the civil action
b. When he has waived the civil action
c. When he has filed the civil action before filing the criminal case
d. When he has expressly reserved the right to institute a separate civil action.

30. When may bail be considered as a matter of discretion?

a. In capital offenses
b. In cases involving graft and corrupt practices of government officials.
c. In cases punishable by penalties which are not afflictive
d. In capital offenses when the evidence of guilt is strong

31. When may bail bond be cancelled?

a. Acquittal of the accused
b. Dismissal of the case
c. Execution of the final judgment of conviction
d. All of the foregoing

32. In fixing the amount of bail, which among the following is not essential?
a. Age and health of the accused
b. Character and reputation of the accused
c. Probability that the accused will appear in the trial
d. None of the foregoing

33. If the crime charged is unclear, what motion may be filed before the arraignment?
a. Bill of particular c. Motion to quash
b. Motion for new trial d. Motion to dismiss
34. When an accused is discharged as a state witness, it is comparable to:
a. Reprieve c. Conviction
b. Acquittal d. Commutation

35. Arraignment may be suspended when the accused appears to be of unsound

mental condition or the court finds the existence of a _________.
a. Valid prejudicial question c. Motion to dismiss
b. Motion to quash d. Bill of particulars

36. In cases punishable by destierro, how many days or preventive detention is

prescribed for by law?
a. 5 days c. 30 days
b. 15 days d. 60 days

37. Where may the application for bail be filed?

a. Office of the prosecutor c. Court where the case is pending
b. Office of the Ombudsman d. All of the foregoing

38. Ground for demurrer to evidence:

a. Insufficiency of evidence c. Motion to quash
b. Irrelevant evidence d. Prejudicial question

39. Refers to an undertaking constituted as a lien on real property given as a security

for the amount of bail.
a. Surety bond c. Recognizance
b. Property bond d. Bail

40. A counsel de officio is generally given how many days to prepare for trial?
a. 2 days c. 5 days
b. 3 days d. 15 days

41. What determines the jurisdiction in criminal cases?

a. Subject matter c. Person accused
b. Territory d. Extent of the penalty

42. This system of criminal justice is conducted either at the initiative of the public
prosecutor or the offended party and the right to appeal is limited to the defense.
a. Fixed c. Inquisitorial
b. Mixed d. Accusatorial

43. Defined as a method fixed by law for the apprehension and prosecution of
persons alleged to have committed a crime, and for their punishment in case of
conviction.
a. Criminal justice system c. Criminal procedure
b. Rules of court d. Rules of procedure

44. A system characterized by the right to confrontation, to a public trial and be heard
by competent counsel.
a. Fixed c. Inquisitorial
b. Mixed d. Accusatorial
45. Refers to a territorial unit where the power of the court is to be exercised.
a. Venue c. Jurisprudence
b. Jurisdiction d. Trial courts

46. The procedure in witness examination is:

a. Direct, cross, re-direct, re-cross examination
b. Direct, re-direct, cross, re-cross examination
c. Cross, direct, re-direct, re-cross examination
d. Cross, direct, re-cross, re-direct examination

47. In the Philippines, the system of criminal procedure is:

a. Fixed c. Inquisitorial
b. Mixed d. Accusatorial

48. A sworn statement charging a person with an offense subscribed by the offended
party, any peace officer or other peace officer charged with the enforcement of the
law violated.
a. Complaint c. Blotter
b. Charge sheet d. information

49. Authority to hear and decide a case.

a. Venue c. Jurisprudence
b. Jurisdiction d. Hearing

50. Jurisdiction of the court is said to be__________ when the law organizing a court
does not expressly enumerate the cause of which it may take cognizance.
a. Limited c. Appellate
b. General d. Original

51. Which among the following may not be filed before the judgment becomes final?
a. Motion to quash c. Motion for new trial
b. Motion for reconsideration d. Notice of appeal

52. Validity of the warrant of arrest expires:

a. After 10 days c. After 365 days
b. After 30 days d. No fixed duration

53. Lifetime of a search warrant:

a. 10 days c. 45 days
b. 30 days d. 60 days

54. In criminal cases, the People of the Philippines is the:

a. Plaintiff c. Offended party
b. Complainant d. Aggrieved party

55. In civil cases the person charged is called:

a. Accused c. Defendant
b. Suspect d. Respondent
56. Refers to an accusation in writing charging a person with an offense subscribed
by the fiscal and filed with the court.
a. Complaint c. Blotter
b. Charge sheet d. Information

57. Prescription of the crime commences to run:

a. Upon re-appearance of the accused
b. Upon escape of the accused
c. Upon discovery of the crime by the offended party
d. Upon filing of the complaint or information

58. The duty of the party to present evidence to establish his claim is referred to as:
a. Burden of proof c. Bill of particulars
b. Burden of evidence d. Presentation of evidence

59. The law expanding the jurisdiction of the MTC.

a. RA 7691 c. RA 7975
b. RA 7961 d. RA 7196

60. Which among the following is not covered by the rules on summary procedures?
a. Violation of traffic laws
b. Violation of rental laws
c. Where the penalty does not exceed 6 months imprisonment
d. Where the penalty is more than six months imprisonment

61. In criminal cases, the person charged is referred to as:

a. Accused c. Defendant
b. Suspect d. Respondent

62. The part of trial wherein the civil aspect of the case may be amicably settled.
a. Plea bargaining c. Preliminary investigation
b. Hearing d. Pre-trial

63. In administrative cases the person charged is:

a. Accused c. Defendant
b. Suspect d. Respondent

64. It is usually referred to as the court of first instance.

a. Metropolitan trial court c. Court of appeals
b. Regional trial court d. Supreme court

65. In rape cases, who among the following may file a complaint?
a. Offended party
b. Peace officer
c. Public officer charged with enforcement of the law violated
d. All of the foregoing

66. Who among the following may not conduct a preliminary investigation?
a. City or provincial fiscals and their assistants
b. Judges of the MTC’s
c. National and regional prosecutors
d. DOJ personnel
67. Taking of a person into custody in order that he may be bound to answer for the
commission of an offense.
a. Detention c. Arrest
b. Restraint d. Seizure
68. Refers to persons given by law the duty and power to exercise jurisdiction and
maintenance of peace and order as well as the protection of life liberty and property.
a. Persons in authority c. Policemen
b. Judges d. Prosecutors

69. Refers to a security given for the temporary release of a person in the custody of
the law.
a. Bond c. Surety
b. Bail d. Insurance

70. Which among the following is a non-bailable offense?

a. Rape c. Robbery
b. Homicide d. Libel

71. It is not a necessity to file a complaint or information:

a. Name of the court c. Name of the offended party
b. Name of the accused d. Designation of the offense by statute

72. The authority of the court to take cognizance of the case in the first instance is
regarded as:
a. General jurisdiction c. Delegated jurisdiction
b. Original jurisdiction d. Appellate jurisdiction

73. Judiciary Reorganization Act:

a. PD 968 c. BP 129
b. PD 1612 d. BP 22

74. In the metropolitan courts, the complaints is filed with the:

a. Office of the Secretary of justice c. Office of the Ombudsman
b. Office of the clerk of court d. Office of the prosecutor

75. Cases on appeal on judgment rendered by a Municipal Trial Court shall be

elevated where?
a. Metropolitan Trial Court c. Court of Appeals
b. Regional Trial Court d. Supreme Court

76. Decisions rendered by the Court of appeals may be further elevated to what
court?
a. Metropolitan Trial Court c. Court of Appeals
b. Regional Trial Court d. Supreme Court

77. A judicial examination and determination of the issues in an action or proceeding,

civil or criminal.
a. Plea trial c. Plea bargaining
b. Pre trial d. Trial
78. Period provided for by law to post an appeal after receipt of judgment of
conviction.
a. 5 days c. 15 days
b. 10 days d. 30 days

79. Order of trial is:

a. Prosecution, rebuttal, defense, submission for decision
b. Defense, prosecution, rebuttal, submission for decision
c. Prosecution, defense, rebuttal, submission for decision
d. Defense, rebuttal, prosecution, submission for decision

80. A geographical division in which the action is allowed to be brought.

a. Venue c. Jurisprudence
b. Jurisdiction d. Territory

81. A person designated by the court to assist destitute litigants.

a. Counsel c. Attorney at law
b. Attorney on record d. Counsel de officio

82. It refers to the answer given by the accused to a charge or indictment.

a. Reply c. Plea
b. Motion d. Confession

83. Generally, after a plea of not guilty is entered, how many days are given by law for
the accused to prepare for his trial.
a. 2 days c. 4 days
b. 3 days d. 5 days

84. Refers to the adjudication by the court that the accused is guilty of not guilty of the
offense charged, and the imposition of proper penalty and civil liability provided for by
law on the accused.
a. Conviction c. Decision
b. Judgment d. Conclusion

85. Days mandated by law for the perfection of a decision.

a. 10 days c. 30 days
b. 15 days d. 45 days

86. The foregoing personal property may be considered as objects of the search
warrant, except those which are:
a. Subject of the offense
b. Stolen or embezzled and other fruits of the crime
c. Used or intended to be used as a means of committing an offense
d. Property of the accused

87. A move for the annulment of the criminal charge made by an accused is:
a. Plea bargaining c. Motion to dismiss
b. Motion to quash d. Bill of particulars

88. When can arrest be made?

a. At any day c. At any time of the night
b. At any time of the day d. At any time of the day or night

89. Cases wherein the penalty does not exceed 6 months fall under the rule on:
a. Civil procedure c. Summary procedure
b. Criminal procedure d. Special procedure

90. The existence of a prejudicial question may cause the suspension of the:
a. Arraignment c. Trial
b. Judgment d. Preliminary investigation

91. Who among the following is not authorized to conduct a preliminary investigation?
a. PNP chief c. MTC judges
b. City prosecutors d. Provincial prosecutors

92. Upon learning that a complaint or information has been filed without a preliminary
investigation, within how many days is allowed by the rules for the accused to ask for
a preliminary investigation?
a. 5 days c. 15 days
b. 10 days d. 30 days

93. If the judgment rendered by the trial court changes the nature of the offense form
a non-bailable to bailable, where can the bail application be resolved?
a. Appellate court c. Regional Trial Court
b. Trial court d. Metropolitan Trial Court

94. In which of the following instances is bail not considered as a matter of right?
a. Before conviction of the RTC imposing the death penalty
b. Before conviction of the RTC
c. Before conviction by the MTC
d. Before conviction of the RTC of an offense not punishable by death

95. Which among the following offense where bail may be applied?
a. Frustrated murder c. Parricide
b. Rape d. Murder

96. Refers to an offense under the law existing at the time of the commission and
application for admission to bail may be punished with death.
a. Heinous crime c. Capital punishment
b. Special crime d. Capital offense

97. A person may be released on bail in the following forms, except:

a. Corporate surety c. Property bond
b. Recognizance d. Performance bond

98. In the following instances the accused is allowed under the rules to plead guilty,
except:
a. At the arraignment c. After arraignment but before trial
b. Upon entering his plea d. During trial

99. When may the accused admitted to bail be allowed to question the legality of his
arrest?
a. Before trial c. Before the preliminary investigation
b. Before arraignment d. Before conviction

100. An accused who pleads guilty but offers exculpatory evidence will cause an
effect of:
a. He is making a conditional plea
b. A plea of not guilty shall be entered for him
c. He shall be treated as guilty and will eventually be convicted
d. He will be treated as refusing his plea.

101. The following are requisites before a court can validly exercise jurisdiction,
except:
a. It must have jurisdiction over the investigation
b. It must have jurisdiction over the person of the accused
c. It must have jurisdiction over the subject matter
d. It must have jurisdiction over the territory where the offense was committed.

102. The jurisdiction of the courts in criminal cases is determined by the extent of the
penalty which the law imposes for the offense charged with the offense.
a. Partly true c. Partly false
b. Absolutely true d. Absolutely false

103. The Metropolitan Trial Courts shall exercise exclusive original jurisdiction over all
offenses punishable with imprisonment-
a. Not exceeding 6 years
b. Not exceeding 4 years
c. Not exceeding 4 years 2 months and 1 day
d. Not exceeding 6 months

104. The prosecution of offenses shall be commenced by filing of a complaint or

information.
a. Partly true c. True
b. Partly false d. False

105. In general, the formal requisites of a complaint or information are as follows,

except:
a. It must be filed in court
b. It must be in writing, in the name of the People of the Philippines
c. It must be filed with the office of the prosecutor
d. It must be subscribed by the prosecutor

106. Criminal cases where the penalty prescribed by law for the offense charged does
not exceed six months falls under the rule on:
a. Criminal procedure c. Civil procedure
b. Regular procedure d. Summary procedure
107. Under the Local Government Code of 1991, the Lupon of each Barangay shall
have authority to bring together the parties actually residing in the same city or
municipality for amicable settlement where the offense committed is punished by
imprisonment exceeding one year. This is:
a. Partly true c. Absolutely true
b. Partly false d. Absolutely false

108. The following are requisites of information, except:

a. It must be in writing charging a person with an offense
b. It must be filed by the offended party
c. It must be subscribed by the fiscal
d. It must be filed in court
109. Only the offended spouse may file the complaint in the crimes of:
a. Bigamy c. Concubinage
b. Adultery d. Both B and C

110. All criminal actions shall be prosecuted under the direction and control of the
prosecutor, this statement is:
a. Partly true c. Wholly true
b. Partly false d. Wholly false

111. Which among the following is not considered during pre-trial?

a. Stipulation of facts c. Filing a motion for extension
b. Plea bargaining d. Marking of evidence

112. Which among the following statements is true?

a. The accuse must personally enter his plea
b. The accused may enter his plea by counsel
c. The accused may waive arraignment
d. The accused must be arraigned in a court other than where the case is assigned.

113. The existence of a valid pre-judicial question may cause the suspension of the:
a. Arraignment c. Preliminary investigation
b. Trial d. Judgment

114. Motion to quash an information or complaint may be made;

a. Before judgment c. Before he enters his plea
b. Before he moves to dismiss the case d. After he enters his plea

115. The right of the State to initiate criminal actions in behalf of the incapacitated
victim with no known relative is:
a. Police power c. Habeas corpus
b. Power of eminent domain d. Doctrine of parens patria

116. Even if the offended party is a minor, she can initiate the prosecution for the
crime of seduction. This statement is:
a. Partly true c. Wholly true
b. Partly false d. Wholly false

117. The wife dies before she could institute a criminal action for concubinage against
her husband and his paramour. The case may:
a. Still be prosecuted c. No longer be prosecuted
b. Be prosecuted by the State d. Be prosecuted by the wife’s parents

118. Arrests can be effected by;

a. Actual restraint of the person to be arrested
b. By his submission to the custody of the person making the arrest
c. By using reasonable force
d. Both A and B

119. When the information is filed, the Regional Trial Court:

a. Can issue a warrant of arrestc. Can conduct preliminary investigation
b. Can conduct pre-trial d. Can conduct the trial

120. The following are requisites for the issuance of a warrant of arrest, except:
a. It must be issued upon probable cause to be determined personally by the judge.
b. After examination under oath of the complainant and his witness
c. It must describe the person to be arrested
d. It must describe the place to be searched

121. Which of the foregoing fall under the exclusive original jurisdiction of the
Metropolitan Trial Court, Municipal Trial Court and Municipal Circuit Trial Court?
a. Violations of city and municipal ordinances
b. Probationable cases
c. Offenses punishable by prision mayor
d. Offenses which are afflictive in nature

122. The waiver of the right to appear by the accused has this effect.
a. There is a waiver of the right to present evidence
b. The accused waives his right to confrontation
c. The prosecution can present evidence if the accused fails to appear
d. Both A and B

123. What personal property cannot be seized?

a. Property used or intended to be used in the commission of a crime.
b. Property stolen or embezzled and the other fruits of the crime.
c. Property subject of the offense.
d. Any property that can be used as an evidence to prosecute the offender.

124. Searches of premises, house or room should be made in the presence of two
witnesses. Who are these witnesses contemplated by the rules of court?
a. Two local occupants thereof.
b. Witnesses of sufficient age and discretion residing in the same locality.
c. Two members of his family
d. None of the foregoing

125. Refers to the peril in which a person is placed when he is regularly charged with
a crime before any court properly organized and competent to try him.
a. Imprisonment c. Jeopardy
b. Detention d. Forum shopping

126. Who shall enter a plea of guilty?

a. Defendant himself in open court c. His authorized counsel
b. His counsel de officio d. Self confessed accused

127. This is used as the primary basis to determine the real nature of the crime
charged in an information or complaint.
a. Facts recited in the complaint or information
b. Evidence to be presented
c. Title at the charge sheet
d. Law specifically violated

128. The requisite for the waiver of a person under custodial investigation is:
a. Waiver in writing
b. Voluntarily, knowingly and intelligently
c. With the counsel’s presence and assistance
d. All of these

129. Which of the following does not justify arrest without warrant?
a. Fresh pursuit
b. Continuing crime
c. Fugitives from justice
d. Arrest based on citizen complaint and police suspicion

130. Condition that must be satisfied before the institution of a criminal action in court
which may be amicably settled in the Barangay court under the Local Government
Code of 1991.
a. Settlement has been repudiated
b. Confrontation between parties at the Lupon
c. Certification of no conciliation
d. Any of these

1. It means any waters on the sea coast which are without boundaries of low-water
mark.
a. International waters c. High seas
b. Interior waters d. Maritime zone

2. They refer to courts of justice or judges of said court vested with power to order
the temporary detention or confinement of any person charged with committing an
offense.
a. Judiciary c. Judicial authorities
b. Bench d. Persons in authority

3. In trying to use self-defense in a homicide case, who has the burden of proof?
a. Prosecution c. Court
b. Defense d. Psychologist
4. Any form of attestation by which a person signifies that he is bound in
conscience to perform an act truthfully or faithfully.
a. Affidavit c. Testimony
b. Oath d. Confession

5. A sworn statement in writing.

a. Affidavit c. Testimony
b. Oath d. Confession

6. Any visible sign capable of distinguishing the goods or services of an enterprise.

a. Mark c. Business mark
b. Trademark d. Service mark

7. A designation which identifies an enterprise

a. Mark c. Business mark
b. Trademark d. Service mark

8. In the crime of rape, this is usually the most common form of evidence to prove
the charge.
a. Medico legal testimony c. Testimony of the witnesses
b. Testimony of the victim d. All of these

9. After raping Josefa, Jose went on to marry the former, however a sudden turn of
events urged Josefa to file a criminal case of rape against her husband, what
evidence would be most vital to aid in Jose his defense?
a. Marriage settlement c. Testimony of the witness
b. His testimony d. Marriage contract between them

10. Home of the husband and wife.

a. House c. Home
b. Dwelling place d. Conjugal dwelling

11. It consists of any reprehensible deed or word that offends public conscience.
a. Scandal c. Indignity
b. Unjust vexation d. Disgrace

12. What is needed to be proven that scandalous circumstance is an element in the

crime of concubinage?
a. If the man is legally married
b. If the mistress is kept outside the conjugal dwelling
c. If the mistress is a relative
d. If the mistress is a virgin

13. It means dwelling together as husband and wife.

a. Cohabit c. Live-in
b. Marriage d. Joint household

14. They should be objected to at the time they are being offered in court.
a. Oral evidence c. Expert evidence
b. Documentary evidence d. Testimonial evidence
15. To appreciate this evidence, it is always a question of logic and experience.
a. Real evidence c. Relevant evidence
b. Object evidence d. material evidence

16. Evidences whose admission is prohibited by law.

a. Incompetent evidence c. Inadmissible evidence
b. Unreal evidence d. None of these

17. Which among the following may be considered as subjects requiring expert
opinion?
a. Medical science c. Undeciphered writings
b. Forensic science d. All of these

18. When it prompts the witness to give an answer the examiner wants to hear it is
said to be:
a. Leading question c. Compound question
b. Misleading question d. General question

19. What did you observe after they got married is an example of a
a. Compound question c. Misleading question
b. Leading question d. General question

20. A question which is made up of two or more queries connected by conjunctions

and or.
a. Compound question c. Misleading question
b. Leading question d. General question

21. The following are the criteria used to determine whether or not a child regardless
of age may be considered as a competent witness, except:
a. Capacity of observation c. Capacity of communication
b. Capacity of recollection d. None of these

22. What must be established, in addition to sexual intercourse in cases of rape?

a. Use of force or intimidation by the offender
b. Resistance on the part of the victim
c. Sterility of the offender
d. All of the foregoing

23. When may evidences be considered as admissible in court?

a. When it is relevant to the issue
b. When it is not excluded by the law or the rules of court
c. When it is competent
d. All of the foregoing
24. Refers to statement made by the litigants in the judicial proceedings.
a. Judicial notice c. Judicial confessions
b. Judicial admissions d. Pleadings

25. Those evidences which results in the greatest certainty of the fact in question?
a. Primary or best evidence c. Competent evidence
b. Secondary evidence d. Conclusive evidence
26. Refers to evidence which indicates that a better kind of evidence exists.
a. Primary or best evidence c. Competent evidence
b. Secondary evidence d. Conclusive evidence

27. It forbids the addition or contradiction in terms of a written instrument by

testimony purporting to show that other or different terms were orally agreed upon by
the parties.
a. Best evidence rule c. Hearsay rule
b. Parol evidence rule d. Res Gestae rule

28. Marital disqualification may apply, except:

a. The spouses was legally married
b. The husband is a party to the case
c. The wife is a party to the case
d. It involves civil cases filed by one against the other

29. Refers to matters which are learned in confidence.

a. Private communication c. Dying declaration
b. Privilege communication d. Confidential communication

30. The following are requisites for the disqualification based on attorney-client
privilege, except:
a. Existence of an attorney client relation
b. Communication was made in the course of professional employment
c. No consent was given by the client to the attorney testifying thereon
d. None of the above

31. When may a descendant be compelled to witness against his parents or grand
parents?
a. A crime against him
b. A criminal case by one the parent against the other
c. A criminal case by one grand parent against another
d. All of the foregoing

32. An agreement made between two or more parties as a settlement of matters in

question.
a. Compromise c. Plea bargaining
b. Stipulation d. Contract

33. In admission by third party, the rights of a party cannot be prejudiced by an act,
declaration or omission of another, except:
a. Admission by a co- partner/ joint owner or debtor
b. Admission by conspirator
c. Admission by agent or privies
d. All of the foregoing

34. Admission by agents shall be allowed when:

a. The agency is proved by evidence other the admission itself
b. The admission was made during the existence of the agency
c. The admission refers to a matter within the scope of his authority
d. All of the foregoing

35. A dying declaration may be admissible as evidence in cases, except:

a. Imminent death but the declarant is conscious of facts
b. The declaration must concern the crime regarding the declarant’s death
c. The declarant is a competent witness and the declaration is offered in a criminal
case wherein the declarant’s death is subject to the inquiry.
d. None of the above

36. Refers to inferences which the law makes so preemptory that it will not allow
them to be overturned by any contrary proof.
a. Presumption c. Disputable presumption
b. Conclusive presumption d. Estoppel

37. A witness of the adverse party may be impeached, except:

a. A contradictory evidence
b. By evidence of his general reputation and integrity, and conviction of a crime
involving moral turpitude
c. By evidence of other statements made by the witness which are inconsistent.
d. None of the above

38. Refers to an official entry of the proceedings in the court of justice.

a. Judicial notice c. Blotter
b. Judicial Record d. Official record

39. When may circumstantial evidence be sufficient to obtain conviction?

a. There is more than one circumstance
b. The facts from which the inference are derived were proven
c. When combined proof beyond reasonable doubt may be established
d. All of the foregoing

40. Which among the following are not elements of a corpus delicti?
a. The accused need not necessarily be the doer of the act
b. Some person is criminally responsible for the act
c. That a certain result has been produced
d. None of the foregoing

41. Which among the following may be used as evidence in a judicial proceeding?
a. Privileged conversation c. Filial privilege
b. Dying declaration d. Parental privilege

42. In PD 1612, the possession of the stolen goods is:

a. Evidence against the accused
b. Means that the accused is not the owner
c. Means that the accused is an accessory to the crime
d. Prima facie evidence of fencing

43. Occurs when the evidence adduced proves the disputed fact.
a. Cumulative c. Circumstantial
b. Corroborative d. Relevant

44. Evidence of this kind is those which are capable of perception.

a. Testimonial c. Real
b. Corroborative d. Material
45. A priest may not be able to testify on pertinent matters to the case if said
conversation or facts relates to that told in the confession made by the:
a. Penitent c. Client
b. Patient d. Secretary

46. Who among the following are automatically disqualified to take the witness
stand?
a. Sick persons c. Homosexuals and lesbians
b. Children d. Insane persons

47. Evidence which shows that a best evidence existed as to the proof of the fact in
question.
a. Real evidence c. Secondary evidence
b. Best evidence d. Res gestae

48. Legal fitness of a witness to be heard on the trial.

a. Admissibility c. Qualification
b. Competency d. Eligibility

49. Means sanctioned by the rules of court to ascertain the truth respecting a matter
of fact.
a. Proof c. Motive
b. Intent d. Evidence

50. A duplicate receipt signed and carbon copied at the same time is in terms of its
evidentiary value is deemed as:
a. Duplicate c. Authentic
b. Original d. Genuine

51. Exemption to the hearsay rule made under the consciousness of an impending
death.
a. Parol evidence c. Dead man statute
b. Ante mortem statement d. Mi ultimo adios

52. When are children deemed not competent to qualify as a witness?

a. They understand the obligation of the oath
b. They have not reached the age of discernment
c. They must have sufficient knowledge to receive just impressions as to the facts
on which testify
d. They can relate to those facts truly to the court at the time they are offered as
witness

53. That degree of proof which produces in the mind of as unprejudiced person, that
moral certainty or moral conviction that the accused did commit the offense charged.
a. Ultimate fact c. Preponderance of evidence
b. Proof beyond reasonable doubt d. Substantial evidence

54. Circumstantial facts and declarations incidental to the main fact; means things
done
a. Factum probans c. Res gestae
b. Factum prbandum d. Owes probandi

55. A person who gives testimonial evidence to a judiciary tribunal.

a. Witness c. Defense
b. Prosecution d. Clerk of court

56. In this sort of action, a person merely acknowledges certain facts but does not
admit his guilt.
a. Testimony c. Confession
b. Admission d. Extra-judicial confession

57. When a categorical statement of guilt was made before a competent tribunal we
classify it as:
a. Confession c. Judicial confession
b. Admission d. Extra-judicial confession

58. Any evidence whether oral or documentary wherein the probative value is not
based on personal knowledge of the witness but that from another.
a. Testimonial evidence c. Res gestae
b. Dying declaration d. Hearsay

59. Refers to family history or descent .

a. Pedigree c. Inheritance
b. Tradition d. Heritage

60. Obligations imposed upon a party to establish their alleged fact by proof are
termed as “burden of proof”, what is its Latin translation?
a. Factum probans c. Owe probandi
b. Factum probandum d. Owes probandi

61. The probative value given by the court to a particular evidence.

a. Preponderance of evidence c. Ultimate fact
b. Evidentiary fact d. Weight of evidence

62. A degree of proof below that of proof beyond reasonable doubt, which taken in its
entirely is superior to that of another.
a. Best evidence c. Preponderance of evidence
b. Secondary evidence d. Weight of evidence

63. The body of a crime.

a. Corpus delicti c. Autoptic evidence
b. Real evidence d. Physical evidence

64. Which among the foregoing is not part of the judicial rule for sufficiency of
circumstantial evidence to convict an accused?
a. There is more than one circumstance
b. The facts from which the inference are derived must be proved
c. The combination of all the circumstance is such as to produce a conviction
beyond reasonable doubt.
d. It must be of judicial recognizance

65. Minimum number of witnesses required in rape cases to secure a conviction.

a. 1 c. 3
b. 2 d. None

66. Presumption which the law makes so preemptory that it will not allow them to be
reversed by any contrary evidence.
a. Presumption c. Conclusion
b. Disputable presumption d. Conclusive presumptions

67. Logical necessity which rests upon a party at any particular time during the trail
to create a prima facie case in his own favor or to overthrow one created against him.
a. Res gestae c. Burden of proof
b. Burden of evidence d. Estoppel

68. It is a bar which precludes a person from denying or asserting anything to the
contrary of established truth.
a. Res gestae c. Burden of proof
b. Estoppel d. Burden of evidence

69. These questions suggest to the witness the answers to which an examining party
requires.
a. Leading c. Estoppel
b. Misleading – assumes facts d. Res Gestae

70. A written act or record of acts of a sovereign authority or private writing

acknowledge before a notary public.
a. Public document c. Private document
b. Official document d. Official record

71. Which among the following may disqualify a witness?

a. Capacity of observation c. Capacity of knowledge
b. Capacity of recollection d. Capacity of communication

72. What would overturn an alibi and denial in a hearing?

a. Testimony c. Proof
b. Evidence d. Positive identification

73. Prescribes the governing rules on evidence?

a. Revised Penal Code c. Rules on Criminal Procedure
b. Constitution d. Rules of Court

74. Factum probans means:

a. Evidentiary fact c. Weight of evidence
b. Ultimate fact d. Preponderance of evidence

75. Evidence which has some relation to what is sought to be proved.

a. Relevant c. Competent
b. Material d. Admissible

76. It affects an issue in an important or substantial matter.

a. Relevant c. Competent
b. Material d. Direct

77. Those evidences which are admissible in court are held to be:
a. Relevant c. Competent
b. Material d. Direct

78. Refers to an evidence of the same kind adduced to prove the same fact.
a. Real c. Corroborative
b. Cumulative d. Circumstantial

79. Additional evidence of a different kind but tending to prove the same fact.
a. Real c. Corroborative
b. Cumulative d. Circumstantial
80. Oral testimony given in open court.
a. Real evidence c. Testimonial evidence
b. Documentary evidence d. Admission evidence

81. Evidence delivered in open court wherein the witness states that he does not
know whether a fact did or did not occur.
a. Positive c. Direct
b. Negative d. Circumstantial

82. Evidence which is sufficient to prove an issue unless overcome or rebutted by

other evidences.
a. Primary c. Prima Facie
b. Secondary d. Best

83. Given by a person of specialized knowledge in some particular field.

a. Primary c. Secondary
b. Best d. Expert

84. That kind of evidence which cannot be rebutted or overcome.

a. Primary c. Real
b. Best d. Conclusive

85. Legal basis of inadmissibility of evidences obtained thru torture, threat, violence
or intimidation.
a. Sec 2 Bill of Rights c. Sec 12 Bill of Rights
b. Sec 3 Bill of Rights d. Sec 17 Bill of Rights

86. Cognizance of certain facts which judges may properly take as fact because they
are already known to them.
a. Cognizance c. Judicial knowledge
b. Judicial Admission d. Judicial Notice
87. One which assumes as true a fact not yet testified to by the witness, or contrary
to that which he has previously stated.
a. Leading c. Confusing
b. Misleading d. Res Gestae

88. In case of falsification of document what would be the best evidence?

a. Authentic document c. Questioned document
b. Holographic document d. Genuine document

89. When a witness affirms that a fact did or did not occur, such testimony is said to
be:
a. Relevant evidence c. Positive evidence
b. Material evidence d. Negative evidence

90. Which among the following may not be a means to impeach a judicial record?
a. Want of jurisdiction in the court or judicial officer
b. Collusion between the parties
c. Fraud in the party offering the record
d. Alterations

91. What is meant by demurrer to evidence?

a. Motion to dismiss c. Motion to inhibit
b. Plea to dismiss d. Motion to postpone

92. When can a circumstantial evidence sufficient to convict?

a. There is more than one circumstance
b. The facts from which the inference are derived must be proved
c. The combination of all the circumstances is such as to produce a conviction
beyond reasonable doubt.
d. All of these

93. The following are elements of corpus delicti, except:

a. That a certain result has been produced.
b. Some person is criminally liable for the act.
c. The accused need not necessarily be the doer of the act
d. The accused must be the doer of the act
94. Private document are proved by:
a. Testimony of the one who made the writing
b. Testimony of anyone who saw the execution of the writing.
c. Evidence of the genuineness of the handwriting of the writer
d. Both B and C

95. Any deed or instrument executed by a private person without the intervention of a
notary public.
a. Holographic document c. Public Document
b. Genuine document d. Private Document

96. Who among the following may be used to prove the handwriting of a person in
open court?
a. Secretary of the accused for 20 years
b. A questioned document examiner
c. Friend and co-employee of the accused for more than 20 years
d. Any of the foregoing

97. Under the rules, a judicial record may be impeached by;

a. Evidence of fraud in the party offering the record with respect to the proceedings.
b. Evidence of collusion between the parties in the proceedings.
c. Evidence of want in the jurisdiction in the court or judicial officer with respect to the
proceedings.
d. Any of the foregoing

98. When shall the offer of testimonial evidence made?

a. Before testimony of the witness
b. After testimony
c. At the time the witness is called to testify
d. After the oath of taken by the witness
99. When can the adverse party object to any testimonial evidence?
a. After the testimony of the witness
b. After the direct examination of the witness
c. During the cross examination
d. At any time and as soon as the grounds therefore become reasonably
apparent.

100. Several documentary evidences were not formally offered at the hearing of the
case, this would;
a. Be of no bearing since it is related and important with the case at hand.
b. Prompt the court to accept it.
c. Prompt the court to exclude the same from the record
d. Prompt the court to issue a subpoena
101. Generally, objection to documentary evidences must be made;
a. Before it has been offered in evidence
b. After it has been offered in evidence
c. Within 3 days after notice of the offer unless a different period is allowed by
the court.
d. None of these

102. When may a formal offer of object and documentary evidence is made?
a. After the presentation of witnesses of both litigants
b. After a party’s testimonial evidence
c. After pre trial
d. During pre trial

103. The degree of proof which produces in the mind of an unprejudiced person, that
moral certainty or moral conviction that the accused did commit the offense charged.
Also known as the quantum of evidence used to convict the person charged in
criminal cases.
a. Weight of evidence c. Preponderance of evidence
b. Sufficiency of evidence d. Proof beyond reasonable doubt
104. Generally leading questions are allowed on direct examinations in the following
cases, except:
a. By contradictory evidence
b. In interrogation of an unwilling or hostile witness.
c. When they relate to preliminary matters.
d. When there is difficulty in obtaining direct and intelligible answers from the witness.

105. Who among the following may give intelligible answers as witnesses?
a. A registered voter c. A feeble minded person
b. A child of tender age d. A deaf-mute person

106. When may a party impeach his own witness?

a. In case of a hostile witness.
b. Where the witness is not voluntarily offered but required by law to be presented by
the proponent.
c. Where the witness is the adverse party or the representative of a juridical person
which is the adverse party.
d. Any of the foregoing.

107. The following are means of impeaching a witness of the adverse party, except:
a. In case of a hostile witness
b. By contradictory evidence
c. Evidence that his general reputation for truth or integrity is bad.
d. Inconsistencies of statements made with respect to the testimony.

108. These are testimonies which are read and submitted as evidence provided that
the despondent is dead or cannot testify or outside the country.
a. Deposition c. Testimonial evidence
b. Oral testimony d. Extra judicial statements
109. The following are factors required to qualify a person as an expert witness,
except:
a. Extensive Training and Education
b. Particular first hand familiarity with the facts of the present case
c. Of legal age
d. Presentation of the authorities on which his opinions are based

110. Res gestae may be admissible with the following requisites, except:
a. There must be a startling occurrence
b. The statement must be spontaneous.
c. The statements made must refer to the occurrence in question and its attending
circumstance.
d. It must exist previous to the controversy

1. The Revised Penal Code shall be applied even outside the

Philippines in which of these cases?
a. Should commit an offense while on a Philippine ship or airship
b. Should forge or counterfeit any coin or currency note of the
Philippine Islands or obligations and securities issued by the
Government of the Philippine Islands;
c. Should be liable for acts connected with the introduction into
these islands of the obligations and securities mentioned in
the presiding number;
d. While being public officers or employees, should commit an
offense in the exercise of their functions;
e. Should commit any of the crimes against national security and
the law of nations, defined in Title One of Book Two of this
Code.
f. All of these
2. Acts and omissions punishable by law are:
a. felonies b. crimes c. offense d. infractions
3. Felonies are committed not only be means of deceit (dolo) but also by means
of:
a. Fault/culpa b. malice
4. There is deceit when the act is performed with deliberate intent and
there is fault when the wrongful act results from imprudence,
negligence, lack of foresight, or
 a. lack of skill b. Lack of diligence
5. This is committed by any person performing an act which would be
an offense against persons or property, were it not for the inherent
impossibility of its accomplishment or an account of the
employment of inadequate or ineffectual means.
a. impossible crimes b. Indeterminate offense
6. Whenever a court has knowledge of any act which it may deem
proper to repress and which is not punishable by law, it shall
render the proper decision, and shall report to the Chief
Executive, through the , the
reasons which induce the court to believe that said act should be
made the subject of legislation.
a. Supreme Court b. Department of Justice
7. If the judge feels that the penalty imposed by the law is excessive,
he/court shall submit to the Chief Executive, through the
Department of Justice, such statement as may be deemed proper,
without suspending the execution of the sentence, when a strict
enforcement of the provisions of this Code would result in the
imposition of a clearly excessive penalty, taking into consideration
which of these?
a. the degree of malice
b. the injury caused by the offense
c. Both of these
8. A felony is when all the elements necessary for its
execution and accomplishment are present.
a. Consummated b. Frustrated
9. A felony is when the offender performs all the acts of
execution which would produce the felony as a consequence but
which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.
a. consummated b. frustrated
10. The felony is when the offender commences the
commission of a felony directly or over acts, and does not perform
all the acts of execution which should produce the felony by reason
of some cause or accident other than this own spontaneous
desistance.
a. frustrated b. attempted
11. Light felonies are punishable only when they have been
consummated, with the exception of those committed against:
a. person b. Property c. Both of these
12. Conspiracy and proposal to commit felony are punishable only in
the cases in which the law specially provides a penalty therefor.
 The statement is:
a. true b. False
13. This exists when two or more persons come to an
agreement concerning the commission of a felony and decide to
commit it.
a. conspiracy b. proposal
14. This takes place when the person who has decided to commit a
felony proposes its execution to some other person or persons.
a. conspiracy b. proposal
15. are those to which the law attaches the capital
punishment or penalties which in any of their periods are afflictive.
a. grave felonies b. Less grave felonies
16. are those which the law punishes with penalties which in their
maximum period are correctional.
a. grave felonies b. Less grave felonies
17. These are those infractions of law for the commission of which a
penalty of arresto menor or a fine not exceeding 200 pesos or
both is provided.
a. grave felonies b. Light felonies
18. Offenses which are or in the future may be punishable special laws
are not subject to the provisions of the Revised Penal Code. The
statement is:
a. true b. False
19. The Revised Penal Code shall be supplementary to ,
unless the latter should specially provide the contrary.
a. constitution b. Special laws

20. Which of these is requisite of self defense?

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. all of these
21. Which of these is requisite of defense of relatives only?
a. unlawful aggression
b. reasonable necessity of the means employed to prevent or repel it
c. in case the revocation was given by the person attacked,
that the one making defense had no part therein
d. all of the above
22. Which of these is requisite of defense of strangers only?
a. unlawful aggression
b. reasonable necessity of the means employed to prevent or repel it
 c. the person defending be not induced by revenge,
resentment, or other evil motive
d. all of the above
23. Which of these is requisite of avoidance of greater evil?
a. That the evil sought to be avoided actually exists;
b. That the injury feared be greater than that done to avoid it
c. That there be no other practical and less harmful means of preventing
it.
d. All of these
24. An imbecile or an insane person is exempted from criminal
liability, unless the latter has acted during:
a. a sleep b. Lucid interval
25. Surrender to be mitigating must be made to which of these?
a. person in authority b. Agent of a person in authority
c. All of these
26. The voluntary confession of guilt must be made:
a. prior to the presentation of evidence for prosecution
b. after the presentation of evidence for the prosecution
27. Which is a condition before being deaf and dumb, blind or
otherwise suffering some physical defect may be considered
mitigating?
a. they must restrict the offenders means of
action, defense, or communications with his fellow
beings
b. they must be so grave in nature and certified by a government
physician
28. Night time, uninhabited place, or by a band, are aggravating if:
a. whenever such circumstances may facilitate the commission of the
offense
b. whenever specially sought for by the offender to insure or afford
impunity
c. all of these
29. Whenever more than three armed malefactors shall have acted
together in the commission of an offense, it shall be deemed to
have been committed by a
.
a. brigands b. band

30. He is one who, at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime embraced
in the same title of the Revised Penal Code.
 a. Quasi recidivist b. recidivist
31. The aggravating circumstance where the offender has been
previously punished by an offense to which the law attaches an
equal or greater penalty or for two or more crimes to which it
attaches a lighter penalty.
a. recidivist b. Reiteration/habituality
32. There is when the offender commits any of the
crimes against the person, employing means, methods, or forms
in the execution thereof which tend directly and specially to
insure its execution, without risk to himself arising from the
defense which the offended party might make.
a. treachery b. alevosia c. cuadrilla d. Some of these
33. This aggravating circumstance states that the wrong done in the
commission of the crime be deliberately augmented by causing
other wrong not necessary for its commissions.
a. ignominy b. cruelty c.
34. These are those which must be taken into consideration as
aggravating or mitigating according to the nature and effects of
the crime and the other conditions attending its commission.
a. aggravating circumstances b. Alternative circumstances
35. Which of these is alternative circumstance?
a. relationship b.
intoxication
c. degree of instruction and education of the offender d. all of
these
36. The alternative circumstance of relationship shall be taken into
consideration when the offended party is which of the following?
a. the spouse, ascendant, descendant, legitimate, natural, or
adopted brother or sister, or relative by affinity in the same
degrees of the offender.
b. Brothers, sisters, nephew, niece cousin of the offender.
37. The intoxication of the offender shall be taken into consideration
as a circums
a state of intoxication, if the same is not habitual or subsequent
to the plan to commit said felony.
a. mitigating b. Aggravating
38. Intoxication shall be aggravating if:
a. habitual b. Intentional c. both a and b d.
accidental
39. Which of these is criminally liable for grave and less grave felonies?
a. principal
b. accomplices
 c. accessories
d. all of these
40. Which of these is criminally liable for light felonies?
a. principal d. only a and b
41. Those who directly force or induce others to commit it is a principal by
what?
a. direct participation b. Inducement/induction
42. Those who cooperate in the commission of the offense by
another act without which it would not have been
accomplished, is what type of principal?
a. direct participation b. Indispensable cooperation
43. These are persons who, not principals, cooperate in the execution
of the offense by previous or simultaneous acts.
a. accomplices b. accessories
44. They are those who, having knowledge of the commission of the
crime, and without having participated therein, either as
principals or accomplices, take part subsequent to its
commission.
a. principal b. Accomplices c. accessories
45. Which of these is an act of an accessory?
a. By profiting themselves or assisting the offender to profit by the
effects of the crime.
b. By concealing or destroying the body of the crime, or the
effects or instruments thereof, in order to prevent its
discovery.
d. By harboring, concealing, or assisting in the escape of the
principals of the crime, provided the accessory acts with
abuse of his public functions or whenever the author of the
crime is guilty of treason, parricide, murder, or an attempt
to take the life of the Chief Executive, or is known to be
habitually guilty of some other crime.
e. All of these
46. Which of these relatives is an accessory but exempted however
from criminal liability?
a.spouses, ascendants, descendants, legitimate, natural, and
adopted brothers and sisters, or relatives by affinity within
the same degrees
b. Cousins, nephews, nieces, uncles and aunties.
47. No felony shall be punishable by any penalty not prescribed by
law prior to its commission. The statement is:
a. true b. false
48. Penal Laws shall have a retroactive effect insofar as they favor the
persons guilty of a felony, who is not a what?
a. recidivist b. Habitual criminal
49. Which of these is effect of pardon by the offended party?
a. A pardon of the offended party does not extinguish criminal action
b. Civil liability with regard to the interest of the injured party is
extinguished by his express waiver.
c. All of these

50. A fine, shall be considered an afflictive penalty, if it exceeds 6,000

pesos; a correctional penalty, if it does not exceed 6,000 pesos
but is not less than 200 pesos; and a light penalty if it less than
200 pesos. The statement is:
a. true b. false

51. Any person sentenced to any of the perpetual penalties shall be

pardoned after undergoing the penalty for , unless such
person by reason of his conduct or some other serious cause shall
be considered by the Chief Executive as unworthy of pardon.
a. 30 years b. 40 years

52. The penalty of shall be from twelve years and one day to twenty
years.
a. reclusion temporal b. Prison mayor

53. The duration of the penalty of shall be from one day to thirty
days.
a. arresto mayor b. Arresto menor

54. Offenders who have undergone preventive imprisonment shall be

credited in the service of their sentence consisting of deprivation of
liberty, with the durin
imprisonment, if the detention prisoner agrees voluntarily in
writing to abide by the same disciplinary rules imposed upon
convicted prisoners.
a. full time b. 4/5

55. Which of these is not entitled to credit of full time of preventive

imprisonment?
a. recidivists or have been convicted previously twice or more times
 of any crime
b. Persons upon being summoned for the execution of their
sentence they have failed to surrender voluntarily
c. all of these

56. In case the maximum penalty to which the accused may be

sentenced is destierro, he shall be released after how many days
of preventive imprisonment?
a. 30 days b 40 days

57. This penalty shall deprive the offender during the time of his
sentence of the rights of parental authority, or guardianship, either
as to the person or property of any ward, of marital authority, of
the right to manage his property and of the right to dispose of such
property by any act or any conveyance inter vivos.
a. civil interdiction b. Bond to keep the peace

58. It shall be the duty of any person sentenced to this penalty, to

present two sufficient sureties who shall undertake that such person
will not commit the offense sought to be prevented, and that in
case such offense be committed they will pay the amount
determined by the court in the judgment, or otherwise to deposit
such amount in the office of the clerk of the court to guarantee said
undertaking. Penalty for this is either 6 months or 30 days.
a. bond to keep the peace b. Bond for good behavior
59. Which of this is effect of presidential pardon?
a. A pardon shall not work the restoration of the right to hold public office
b. Pardon shall not restore the right of suffrage, unless such rights
be expressly restored by the terms of the pardon.
c. A pardon shall in no case exempt the culprit from the
payment of the civil indemnity
d. All of these

60. Which of these is pecuniary liability of the offender?

a. The reparation of the damage caused.
b. Indemnification of consequential damages.
c. The fine.
d. The cost of the proceedings
e. All of these
61. If the convict has no property with which to meet the fine, he
shall be subject to a subsidiary personal liability at the rate of one
day for each eight pesos (or P481). This is:
a. subsidiary penalty/imprisonment b. Criminal liability

62. Every penalty imposed for the commission of a felony shall carry
with it the forfeiture of the proceeds of the crime and the
instruments or tools with which it was committed. The
statement is:
a. true b. false

63. The proceeds and instruments or tools shall be confiscated and

forfeited in favor of the Government, unless they be property of
a third person not liable for the offense, but those articles which
are not subject of lawful commerce shall be destroyed. The
statement is:
a. true b. false

64. The penalty prescribed by law for the commission of a felony shall
be imposed upon the accessory in the commission of such
felony. The statement is:
a. true b. false

65. Whenever the law prescribes a penalty for a felony is general

terms, it shall be understood as applicable to the attempted
felony. The statement is:
a. correct b. incorrect

66. When a single act constitutes two or more grave or less grave
felonies, or when an offense is a necessary means for committing
the other, the penalty for the most serious crime shall be
imposed, the same to be applied in its maximum period.
a. complex crime b. continuing crime
67. Aggravating circumstances which in themselves constitute a
crime specially punishable by law or which are included by the
law in defining a crime and prescribing the penalty therefor shall
not be taken into account for the purpose of increasing the
 penalty. The statement is:
a. true b. False

68. There is no increase in the penalty with respect to any

aggravating circumstance inherent in the crime to such a degree
that it must of necessity accompany the commission thereof.
This statement is:
a. true b. false

69. Aggravating or mitigating circumstances which arise from the

moral attributes of the offender, or from his private relations
with the offended party, or from any other personal cause, shall
only serve to aggravate or mitigate the liability of the principals,
accomplices and accessories as to whom such circumstances are
attendant. The statement is:
a. true b. false

70. The circumstances which consist in the material execution of the

act, or in the means employed to accomplish it, shall serve to
aggravate or mitigate the liability of those persons only who had
knowledge of them at the time of the execution of the act or
their cooperation therein. The statement is:
a. true b. false

71. He is a person who 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, robo, hurto, estafa or falsification, he is
found guilty of any of said crimes a third time or oftener.
a. recidivist b. Habitual delinquent

72. A habitual delinquent may not be obliged to serve an additional

penalty for more than .
a. 30 years b. 40 years

73: Which of these is a rule regarding computation of penalty of

indivisible penalties?
a. When in the commission of the deed there is present only
one aggravating circumstance, the greater penalty shall be
 applied.
b. When there are neither mitigating nor aggravating
circumstances and there is no aggravating circumstance, the
lesser penalty shall be applied.
c. When the commission of the act is attended by some
mitigating circumstances and there is no aggravating
circumstance, the lesser penalty shall be applied.
d. When both mitigating and aggravating circumstances
attended the commission of the act, the court shall
reasonably allow them to offset one another in
consideration of their number and importance.
e. All of these

74. Which of these is a rule to be followed in the application of

penalties which contain three periods?
a. When there are neither aggravating nor mitigating
circumstances, they shall impose the penalty prescribed by
law in its medium period.
b. When only a mitigating circumstances is present in the
commission of the act, they shall impose the penalty in its
minimum period.
c. When an aggravating circumstance is present in the
commission of the act, they shall impose the penalty in its
maximum period.
d. When both mitigating and aggravating circumstances are
present, the court shall reasonably offset those of one class
against the other according to their relative weight.
e. When there are two or more mitigating circumstances and no
aggravating circumstances are present, the court shall impose
the penalty next lower to that prescribed by law, in the period
that it may deem applicable, according to the number and
nature of such circumstances.
f. All of these
75. Upon a person over fifteen and under eighteen years of age who
have acted with discernment the penalty next lower than that
prescribed by law shall be imposed, but always in the proper
period. The statement is:
a. true b. false

76. A penalty lower by one or two degrees than that prescribed by law
 shall be imposed if the deed is not wholly excusable by reason of
the lack of some of the conditions required to justify the same or
to exempt from criminal liability in the several cases mentioned in
Article 11 and 12, provided that the majority of such conditions be
present. The courts shall impose the penalty in the period which
may be deemed proper, in view of the number and nature of the
conditions of exemption present or lacking. This statement is:
a. true b. false

77. When the culprit has to serve two or more penalties, he shall
serve them simultaneously if the nature of the penalties will so
permit. The statement is:
a. true b. false

78. In the imposition of the penalties, the order of their respective

severity shall be followed so that they may be executed
successively or as nearly as may be possible, should a pardon
have been granted as to the penalty or penalties first imposed, or
should they have been served out. This is the rule on:
a. simultaneous service of sentence b. Successive service of
sentence

79. The maximum duration of the convict's sentence shall not be more
than three- fold the length of time corresponding to the most severe
of the penalties imposed upon him. No other penalty to which he
may be liable shall be inflicted after the sum total of those imposed
equals the same maximum period. This is the:
a. three fold rule on the service of sentence
b. Successive rule on service of sentence
80. In applying the three fold rule, the maximum duration or period
shall in no case exceed how many years?
a. 30 years b. 40 years

81. A penalty composed of three distinct penalties, each one shall

form a period; the lightest of them shall be the minimum the next
the medium, and the most severe the maximum period.
a. complex crimes b. Complex penalties
82. When a convict shall become insane or an imbecile after final
sentence has been pronounced, the execution of said sentence
shall be only with regard to
a. Suspended b. Continued

83. Any person sentenced to shall not be permitted to

enter the place or places designated in the sentence, nor within
the radius therein specified, which shall be not more than 250
and not less than 25 kilometers from the place designated.
a. destierro b. Civil interdiction

84. The penalty of shall be served in the municipal jail, or in

the house of the defendant himself under the surveillance of an
officer of the law, when the court so provides in its decision,
taking into consideration the health of the offender and other
reasons which may seem satisfactory to it.
a. arresto menor b. Arresto mayor c. both a and b

85. The civil liability of the accused who died is extinguished if:
a. his death occurs before final judgment
b. his death occurs after final judgment

86. Which of these is a total mode of extinguishment of criminal liability?

a. Death of the convict
b. By service of the sentence
c. By amnesty, which completely extinguishes the penalty and all its effects
d. By absolute pardon
e. By prescription of the crime
f. By prescription of the penalty
g. By the marriage of the offended woman in certain crimes
h. By pardon by offended party
i. All of these except “h”

87. Crimes punishable by death, reclusion perpetua or reclusion

temporal shall prescribe in twenty years.
Crimes punishable by other afflictive penalties shall prescribe in fifteen
years.
 Those punishable by a correctional penalty shall prescribe in ten
years; with the exception of those punishable by arresto mayor,
which shall prescribe in five years.
The crime of libel or other similar offenses shall prescribe in one year.
The crime of oral defamation and slander by deed shall prescribe
in six months. Light offenses prescribe in two months.
These statements are all:
a. True b. False

88. The period of prescription shall commence to run from the day on
which the crime is discovered by the offended party, the
authorities, or their agents, and shall be interrupted by the filing
of the complaint or information, and shall commence to run
again when such proceedings terminate without the accused
being convicted or acquitted, or are unjustifiably stopped for any
reason not imputable to him. The statement is:
a. true b. false

89. The term of prescription of crime shall not run when the
offender is absent from the Philippine Archipelago. The statement
is:
a. true b. false
90. The penalties imposed by final sentence or prescription of crime
shall be as follows:
1. Death and reclusion perpetua, in twenty years;
2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with the exception of
the penalty of arresto mayor, which prescribes in five years;
4. Light
penalties, in one
year. These
statements are:
a. True b. False

91. The period of prescription of penalties shall commence to run from

the date when the culprit should evade the service of his sentence,
and it shall be interrupted if the defendant should give himself up,
be captured, should go to some foreign country with which this
Government has no extradition treaty, or should commit another
 crime before the expiration of the period of prescription. The
statement is:
a. true b. false

92. Criminal liability is extinguished partially:

a. By conditional pardon;
b. By commutation of the sentence; and
c. For good conduct allowances which the culprit may earn while
he is serving his sentence.
d. All of these

93. What is the effect of the convict’s non-compliance with any of the
conditions of the conditional pardon?
a. it shall result in the revocation of the pardon
b. Article 159 shall be applied to him.
c. He will be sentenced to destierro
d. Some of these

94. The of the original sentence for another of a

different length and nature shall have the legal effect of
substituting the latter in the place of the former.
a. reprieve b. commutation

95. The good conduct of any prisoner in any penal institution shall
entitle him to deductions from the period of his sentence
a. allowance for good conduct/good conduct time allowance
b. exemplary behavior

96. A deduction of one-fifth of the period of his sentence shall be

granted to any prisoner who, having evaded the service of his
sentence under the circumstances mentioned in Article 58 of this
Code, gives himself up to the authorities within 48 hours
following the issuance of a proclamation announcing the passing
away of the calamity or catastrophe to in said article.
a. special time allowance for loyalty b. evasion of service of
sentence
97. Every person criminally liable for a felony is also civilly liable. The
statement is:
a. true b. false

98. In default of the persons criminally liable, innkeepers, tavern

keepers, and any other persons or corporations shall be civilly
liable for crimes committed in their establishments, in all cases
where a violation of municipal ordinances or some general or
special police regulation shall have been committed by them or
their employees. This also apply to employers, teachers, persons,
and corporations engaged in any kind of industry for felonies
committed by their servants, pupils, workmen, apprentices, or
employees in the discharge of their duties. This is:
a. subsidiary imprisonment b. Subsidiary civil liability

99. The (subsidiary) civil liability shall include:

a. Restitution;
b. Reparation of the damage caused;
c. Indemnification for consequential damages
d. All of these

100. It is a misapprehension of fact on the part of the person who

caused injury to another. He is not liable for absence of criminal
intent.
a. mistake of fact b. ignorance of the law

101. It is that cause which in the ordinary and continuous sequence,

unbroken by any efficient intervening cause produces the
injury.
a. probable cause b. Proximate cause

102. It is one where the purpose of the offender in performing an act is not
certain.
a. indeterminate offense b. Material crimes

103. Those where the act of a person is said to be in accordance with

the law. As a consequence he is freed from criminal and civil
liability.
a. justifying circumstances b. Exempting circumstances
104. It is any unjust or improper conduct on the part of the offended
party capable of inciting or irritating any one.
a. vindication of grave offense b. provocation

105. Those grounds for exemption from punishment because there

is wanting/missing in the agent of the crime any of the
conditions which make the act voluntary or negligent.
a. exempting circumstances b. Mitigating circumstances

106. He is one who is old but has a mental development similar to

children between the ages 2-7 years.
a. my classmate b. Imbecile c. moron d. idiot
107. The mental capacity of a minor to distinguish between right
from wrong and to fully appreciate the consequences of his
felonious acts.
a. lucid interval b. discernment

108. It is a force which produces such an effect upon an individual

that, in spite of all resistance, it reduces him to a mere
instrument and as such incapable of committing a crime.
a. irresistible force b. Uncontrollable fear

109. The exempting circumstance presupposes that the accused is

compelled by means of threat or intimidation by a third person
to commit a crime.
a. irresistible force b. Uncontrollable fear
110. One which takes place when a peace officer induces a person to
commit a crime. Without the inducement, the crime would not
be committed. It exempts one from criminal liability.
a. entrapment b. instigation

111. Those which if present in the commission of a crime, do not

entirely free the actor from criminal liability but reduces only
the penalty.
a. mitigating circumstances b. Aggravating circumstances

112. Are those which if attendant in the commission of the offense,

 would serve to increase the penalty.
a. aggravating circumstances b. Mitigating circumstances

113. That period of darkness beginning at end of dusk and ending at dawn.
a. uninhabited place b. nighttime

114. One where there are no houses or where the houses are
scattered at a great distance from each other.
a. band b. Uninhabited place

115. It involves a determination to commit the crime prior to the

moment of its execution and also to carry out the criminal intent
which must be the result of deliberate, calculated and reflective
thoughts through a period of time sufficient to dispassionately
consider and accept the consequences thereof, thus indicating
greater perversity.
a. treachery b. Evident premeditation

116. It is a circumstance characterized by trickery or cunning resorted

to by the accused, to carry out his design. It is the use of
intellectual trickery and cunning on the part of the accused.
a. craft b. fraud

117. These are insidious words or machinations used to induce the

victim to act in a manner which would enable the offender to
carry out his design.
a. craft b. fraud
118. It involves the deliberate effort of the accused to conceal his
identity in the commission of the crime.
a. disguise b. Superior strength

119. It is a circumstance pertaining to the moral order, which adds

disgrace and obloquy to the material injury caused by the crime.
It is a circumstance that tends to make the effects of the crime
more humiliating, thus adding to the victim’s moral sufferings.
a. ignominy b. cruelty

120. This aggravating circumstance takes place when an entrance is

affected by a way not intended for the purpose.
 a. trespass b. Unlawful entry

121. It is a circumstance whereby the offender enjoys and delights in

making his victim suffer slowly and gradually, causing him
unnecessary physical pain in the consummation of his criminal
act.
a. ignominy b. cruelty

122. It is an act of grace proceeding from the power entrusted with

the execution of the laws which exempts the individual on
whom it is bestowed from the punishment the law inflicts for
the crime he has committed. It may be a conditional or absolute.
a. pardon b. amnesty

123. It is a single crime, consisting of a series of acts all arising from

one criminal resolution. It is a continuous, unlawful act or series
of act set on foot by a single impulse and operated by an
unintermittent force, however long time it may occupy.
a. complex crimes b. Continuing crimes

124. It means a group of two or more persons collaborating,

confederating, or mutually helping one another for the purpose
of gain in the commission of a crime.
a. organized/syndicated crime b. Band

125It is an act of the sovereign power granting oblivion or a general

pardon for past offense, and is rarely exercised in favor of a single
individual, and is usually exerted in behalf of certain classes of
persons who are subject to trail but not yet convicted.
a. amnesty b. Pardon

126. It is the loss or forfeiture of the right of the Government to execute

the final sentence after the lapse of a certain time.
a. prescription of crim b. Prescription of penalty

127. Committed by any person who, owing allegiance to the

Government of the Philippine Islands, not being a foreigner,
levies war against them or adheres
 to their enemies, giving them aid or comfort within the Philippine Islands
or elsewhere.
a. Treason b. Espionage

128. No person shall be convicted of treason unless on the testimony

of two witnesses at least to the same overt act or on confession
of the accused in open court. This is the:
a. Two witness rule b. Proof beyond reasonable
doubt

129. The penalty for Filipino citizen and resident alien who commit
treason is the same. The stament is:
a. True b. False

130. The conspiracy or proposal to commit the crime of treason shall be

punished respectively, by prision mayor and prision correctional
respectively. The statement is:
a. Correct b. Not correct

131. Every person owing allegiance to the Government of the

Philippine Islands, without being a foreigner, and having
knowledge of any conspiracy against them, conceals or does not
disclose and make known the same, as soon as possible to the
governor or fiscal of the province, or the mayor or fiscal of the
city in which he resides, as the case may be, shall be punished as
an accessory to the crime of treason. Here, the one who is liable
is punished principal in the crime of:
a. Misprision of treason b. Treason itself

132. Which of these is an act of “espionage”?

a. Without authority therefor, enters a warship, fort, or naval
or military establishment or reservation to obtain any
information, plans, photographs, or other data of a
confidential nature relative to the defense of the Philippine
b. Being in possession, by reason of the public office he holds, of
the articles, data, or information referred to in the preceding
paragraph, discloses their contents to a representative of a
foreign nation.
c. All of these
133. Who is the father of organized military espionage?
a. Sun Tsu b. Frederick The Great

134. Which of these is Provoking war and disloyalty in case of war?

a. inciting to war and giving motives for reprisals
b. violation of neutrality
c. flight to enemy country
d. correspondence with enemy country
e. all of these

135. This is committed by any public officer or employee or any

private individual, who, by unlawful or unauthorized acts
provokes or gives occasion for a war involving or liable to involve
the Philippine Islands or exposes Filipino citizens to reprisals on
their persons or property.
a. inciting to war and giving motives for reprisals b. espionage

136. Committed by anyone who, on the occasion of a war in which

the Government is not involved, violates any regulation issued
by competent authority for the purpose of enforcing neutrality.
a. violation of neutrality b. Correspondence with hostile
country

137. Any person who in time of war, shall have correspondence with an
enemy country or territory occupied by enemy troops.
a. violation of neutrality b. Correspondence with hostile
country

138. Which of these is a basis for the imposition of penalty for the
crime of correspondence with hostile country?
a. The correspondence has been prohibited by the Government
b. The correspondence be carried on in ciphers or conventional signs
c. If notice or information be given thereby which might be useful
to the enemy. If the offender intended to aid the enemy by
giving such notice or information.
d. All of these
139. Committed by any person who, owing allegiance to the
Government, attempts to flee or go to an enemy country when
prohibited by competent authority.
a. violation of neutrality b. Flight to enemy country

140. Committed by any person who, on the high seas, or in Philippine

waters shall attack or seize a vessel or, not being a member of its
complement nor a passenger, shall seize the whole or part of the
cargo of said vessel, its equipment, or personal belongings of its
complement or passengers.
a. piracy in general on the high seas or in Philippine waters
b. mutiny

141. The penalty for piracy is reclusion perpetua. Is this the same
penalty for mutiny in the high seas or Philippine waters?
a. yes b. no

142. When is a piracy qualified? (Penalty Reclusion perpetua to death)

a. Whenever they have seized a vessel by boarding or firing upon the same;
b. Whenever the pirates have abandoned their victims without
means of saving themselves; or
c. Whenever the crime is accompanied by murder, homicide,
physical injuries or rape.
d. All of these

Title Two
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE
STATE
143. Committed by any public officer or employee who, without
legal grounds, detains a person.
a. kidnapping b. Arbitrary detention

144. There is only one penalty for arbitrary detention regardless of

duration of detention. The statement is:
a. true b. False
145. Which of these is a legal ground to detain another?
a. The commission of a crime
b. Violent insanity
c. Any other ailment requiring the compulsory confinement of
the patient in a hospital
d. All of these

146. The penalty for arbitrary detention and delay in the delivery of
detained persons to the proper judicial authority is the same, as
it will depend upon the length of detention? The statement is:
a. true b. false

147. This is committed by any public officer or employee who shall

detain any person for some legal ground and shall fail to deliver
such person to the proper judicial authorities within the period
of; twelve (12) hours, for crimes or offenses punishable by light
penalties, or their equivalent; eighteen (18) hours, for crimes or
offenses punishable by correctional penalties, or their equivalent
and thirty-six (36) hours, for crimes, or offenses punishable by
afflictive or capital penalties, or their equivalent.
a. expulsion
b. delay in the delivery of detained persons to the proper judicial
authorities

148. The penalty for delaying release is the same as the penalty for
arbitrary detention? This is:
a. true b. false

149. This is committed by any public officer or employee who delays

the performance of any judicial or executive order for the release
of a prisoner or detention prisoner, or unduly delays the service
of the notice of such order
to said prisoner or the proceedings upon any petition for the
liberation of such person.
a. delaying release b. expulsion

150. This is committed by any public officer or employee who, not being
thereunto authorized by law, shall expel any person from the
Philippine Islands or shall compel such person to change his
 residence.
a. delaying release b. expulsion

151. Committed by any public officer or employee who, not being

authorized by judicial order, shall enter any dwelling against the
will of the owner thereof, search papers or other effects found
therein without the previous consent of such owner, or having
surreptitiously entered said dwelling, and being required to
leave the premises, shall refuse to do so.
a. trespass to dwelling b. Violation of domicile

152. Which of these is qualified violation of

domicile?
a. If the offense be committed in the night-time
b. If any papers or effects not constituting evidence of a crime be
not returned immediately after the search made by the
offender.
c. All of these

153. Committed by any public officer or employee who shall procure

a search warrant without just cause, or, having legally procured
the same, shall exceed his authority or use unnecessary
severity in executing the same.
a.Search warrant maliciously obtained and abuse in the service
of those legally obtained.
b. Violation of domicile

154. Committed by any public officer or employee who, in cases

where a search is proper, shall search the domicile, papers or
other belongings of any person, in the absence of the latter, any
member of his family, or in their default, without the presence
of two witnesses residing in the same locality.
a. searching domicile without witnesses b. arbitrary detention

155. The crime of Prohibition, interruption and dissolution of peaceful

meetings is committed by which of these means?
a. any public officer or employee who, without legal ground, shall
prohibit or interrupt the holding of a peaceful meeting, or
shall dissolve the same.
 b. any public officer or employee who shall hinder any person
from joining any lawful association or from attending any of
its meetings.
c. any public officer or employee who shall prohibit or hinder any
person from addressing, either alone or together with others,
any petition to the authorities for the correction of abuses or
redress of grievances.
d. all of these
156. Which of these is Crimes against religious worship?
a. interruption of religious worship
b. offending the religious feelings
c. all of these
157. This is committed any public officer or employee who shall prevent
or disturb the ceremonies or manifestations of any religion.
a. interruption of religious worship
b. offending the religious feelings

158. What is qualified interruption of religious worship?

a. If the crime shall have been committed with violence or threats.
b. If the crime is committed by private persons

159. This is committed by anyone who, in a place devoted to religious

worship or during the celebration of any religious ceremony shall
perform acts notoriously offensive to the feelings of the faithful.
a. interruption of religious worship
b. offending the religious feelings
160. They are committed by rising publicly and taking arms against
the Government for the purpose of removing from the
allegiance to said Government or its laws, the territory of the
Philippine Islands or any part thereof, of any body of land, naval
or other armed forces, depriving the Chief Executive or the
Legislature, wholly or partially, of any of their powers or
prerogatives.
a. Rebellion b. Insurrection c. All of these

161. This crime is a swift attack accompanied by violence,

intimidation, threat, strategy or stealth, directed against duly
constituted authorities of the Republic of the Philippines, or any
military camp or installation, communications network, public
utilities or other facilities needed for the exercise and continued
 possession of power, singly or simultaneously carried out
anywhere in the Philippines by any person or persons, belonging
to the military or police or holding any public office of
employment with or without civilian support or participation for
the purpose of seizing or diminishing state power.
a. rebellion b. Insurrection c. coup d’
etat

162. The law on Coup d’ etat

a. Article 134- A RPC b. RA 6968 c. All of these
163. Who among these is liable for rebellion and coup d etat?
a. Any person who promotes, maintains, or heads it.
b. Any person merely participating or executing the commands
of others in a rebellion
c. Any person who leads or in any manner directs or
commands others to undertake a coup d'etat
d. Any person in the government service who participates,
or executes directions or commands of others in
undertaking a coup d' etat.
e. Any person not in the government service who
participates, or in any manner supports, finances, abets or
aids in undertaking a coup d' etat
f. All of these

164. When the rebellion, insurrection, or coup d' etat shall be under
the command of unknown leaders who will be deemed the
leaders of such?
a. any person who in fact directed the others, spoke for them,
signed receipts and other documents issued in their name,
as performed similar acts, on behalf or the rebels.
b. any person who fail to resist rebellion or coup d’ etat within their
powers

165. The penalty for conspiracy and proposal to commit coup d’ etat is greater
than
the penalty for conspiracy and proposal to commit rebellion.
a. True b. False
166. This is committed by any public officers or employees who have
failed to resist a rebellion by all the means in their power, or
shall continue to discharge the duties of their offices under the
control of the rebels or shall accept appointment to office under
them.
a. Disloyalty of public officers and employees
b. Conspiracy to commit rebellion

167. This is committed by any person who, without taking arms or

being in open hostility against the Government, shall incite
others to the execution of any of the acts specified in article
134 of RPC (Rebeliion), by means of speeches, proclamations,
writings, emblems, banners or other representations tending to
the same end.
a. Conspiracy to commit rebellion
b. Inciting to rebellion or insurrection

168. The crime of sedition is committed by persons who rise publicly

and tumultuously in order to attain by force, intimidation, or by
other means outside of legal methods, which of these?
a. To prevent the promulgation or execution of any law or the
holding of any popular election

b. To prevent the National Government, or any provincial or

municipal government or any public officer thereof from freely
exercising its or his functions, or prevent the execution of any
administrative order;
c. To inflict any act of hate or revenge upon the person or property
of any public officer or employee
d. To commit, for any political or social end, any act of hate or
revenge against private persons or any social class
e. To despoil, for any political or social end, any person,
municipality or province, or the National Government, of all
its property or any part thereof.
f. All of these

169. Which of these is not punishable?

a. Conspiracy to commit sedition
b. Inciting to sedition
c. Proposal to commit sedition
170. This is committed by any person who, without taking any direct
part in the crime of sedition, should incite others to the
accomplishment of any of the acts which constitute sedition, by
means of speeches, proclamations, writings, emblems, cartoons,
banners, or other representations tending to the same end, or
upon any person or persons who shall utter seditious words or
speeches, write, publish, or circulate scurrilous libels against or
any of the duly constituted authorities thereof, or which tend to
disturb or obstruct any lawful officer in executing the functions
of his office, or which tend to instigate others to cabal and meet
together for unlawful purposes, or which suggest or incite
rebellious conspiracies or riots, or which lead or tend to stir up
the people against the lawful authorities or to disturb the peace
of the community, the safety and order of the Government, or
who shall knowingly conceal such evil practices.
a. proposal to commit sedition
b. inciting to sedition
c. all of these

171. CRIMES AGAINST POPULAR REPRESENTATION/ Crimes against

legislative bodies and similar bodies
a. Act tending to prevent the meeting of the Assembly and similar bodies.
b. disturbance of proceedings
c. violation of parliamentary immunity
d. all of these

172. Committed by any person who, by force or fraud, prevents the

meeting of the National Assembly (Congress of the Philippines)
or of any of its committees or subcommittees, constitutional
commissions or committees or divisions thereof, or of any
provincial board or city or municipal council or board.
a. violation of parliamentary immunity
b. act tending to prevent the meeting of the national assembly
and similar bodies

173. Committed by any person who disturbs the meetings of the

National Assembly (Congress of the Philippines) or of any of its
committees or subcommittees, constitutional commissions or
 committees or divisions thereof, or of any provincial board or
city or municipal council or board, or in the presence of any
such bodies should behave in such manner as to interrupt its
proceedings or to impair the respect due it.
a. disturbance of proceedings
b. violation of parliamentary immunity

174. Which of these is violation of parliamentary immunity?

a. any person who shall use force, intimidation, threats, or
fraud to prevent any member of the National Assembly
(Congress of the Philippines) from attending the meetings of
the Assembly (Congress) or of any of its committees or
subcommittees, constitutional commissions or committees or
divisions thereof, from expressing his opinions or casting his
vote.
b. any public officer or employee who shall, while the
Assembly (Congress) is in regular or special session, arrest or
search any member thereof, except in case such member
has committed a crime punishable under this Code by a
penalty higher than prision mayor.
c. Both a and b

175. This is committed by the organizers or leaders of any meeting

attended by armed persons for the purpose of committing any
of the crimes punishable under this Code, or of any meeting in
which the audience is incited to the commission of the crime
of treason, rebellion or insurrection, sedition or assault upon a
person in authority or his agents.
a. illegal assemblies b. Illegal associations
c. both a and b

176. Persons merely present at illegal assemblies shall suffer the penalty
of arresto mayor, unless they are armed, in which case the
penalty shall be prision correccional. Is this true?
a. yes b. no

177. If any person present at the illegal assemblies carry an

unlicensed firearm, it shall be presumed that the purpose of
said meeting, insofar as he is concerned, is to commit acts
 punishable under this Code, and he shall be considered a of
the meeting or illegal assemblies.
a. Leader b. Organizer c. both a and b

As used in this article, the word "meeting" shall be understood

to include a gathering or group, whether in a fixed place or
moving.

178. This is committed by the founders, directors, and presidents of

associations totally or partially organized for the purpose of
committing any of the crimes punishable under this Code or for
some purpose contrary to public morals.
a. illegal assemblies b. Illegal associations

179. Mere members of illegal associations shall suffer the penalty of

arresto mayor. The statement is:
a. true b. false

179 - A. Which of these is a way of committing direct assault?

a.any person or persons who, without a public uprising, shall
employ force or intimidation for the attainment of any of the
purpose enumerated in defining the crimes of rebellion and
sedition.
b.any person who shall attack, employ force, or seriously
intimidate or resist any person in authority or any of his
agents, while engaged in the performance of official duties, or
on occasion of such performance.
c. all of these
179-B. Committed by any person who not having committed direct
assault shall resist or seriously disobey any person in authority,
or the agents of such person, while engaged in the performance
of official duties.
a. Resistance and disobedience to a person in authority or the
agents of such person
b. Direct assault

179-C. Unlawful use of means of publication and unlawful utterances

is committed by which of these?
 a. Any person who by means of printing, lithography, or any
other means of publication shall publish or cause to be
published as news any false news which may endanger the
public order, or cause damage to the interest or credit of the
State;
b. Any person who by the same means, or by words, utterances or
speeches shall encourage disobedience to the law or to the
constituted authorities or praise, justify, or extol any act
punished by law;
c. Any person who shall maliciously publish or cause to be
published any official resolution or document without proper
authority, or before they have been published officially; or
d. Any person who shall print, publish, or distribute or cause to
be printed, published, or distributed books, pamphlets,
periodicals, or leaflets which do not bear the real printer's
name, or which are classified as anonymous.
e. All of these

180. Which of these is qualified direct assault?

a. when the assault is committed with a weapon
b. when the offender is a public officer or employee
c. when the offender lays hands upon a person in authority.
d. all of these

181. Committed by any person who shall make use of force or

intimidation upon any person coming to the (aid of the
authorities) or their agents (of a person in authority) on occasion
of the commission of any of the crimes of direct assault.
a. indirect assault b. indirect bribery

182. Disobedience to summons issued by the National Assembly, its

committees or subcommittees, by the Constitutional
Commissions, its committees, subcommittees or divisions, is
committed by which of these means?
a. having been duly summoned to attend as a witness before the
National Assembly, (Congress), its special or standing
committees and subcommittees, the Constitutional
Commissions and its committees, subcommittees, or divisions,
or before any commission or committee chairman or member
authorized to summon witnesses, refuses, without legal
 excuse, to obey such summons.
b. being present before any such legislative or constitutional
body or official, refuses to be sworn or placed under
affirmation or to answer any legal inquiry or to produce any
books, papers, documents, or records in his possession, when
required by them to do so in the exercise of their functions.
c. any person who shall restrain another from attending as a
witness, or who shall induce disobedience to a summon or refusal
to be sworn by any such body or official
d. all of these

183. The penalty for serious disobedience is arresto mayor, while

simple disobedience is arresto menor.
a. true b. false

184. Any person directly vested with jurisdiction, whether as an

individual or as a member of some court or governmental
corporation, board, or commission, shall be deemed a person in
authority. A barrio captain and a barangay chairman shall also be
deemed such.
a. person in authority b. agent of a person in
authority

185. A person who, by direct provision of law or by election or by

appointment by competent authority, is charged with the
maintenance of public order and the protection and security of
life and property, such as a barrio councilman, barrio policeman
and barangay leader and any person who comes to the aid of
persons in authority, shall be deemed:
a. person in authority
b. agent of a person in authority

186. Teachers, professors and persons charged with the supervision of

public or duly recognized private schools, colleges and universities,
and lawyers in the actual performance of their professional duties or
on the occasion of such performance, shall be deemed persons in
authority.
a. true b. false
187. Committed by any person who shall cause any serious
disturbance in a public place, office, or establishment, or shall
interrupt or disturb public performances, functions or
gatherings, or peaceful meetings, if the act is not included in the
provisions of Articles 131 and 132 of the RPC.
a. tumults and other disturbances of public order
b. alarms and scandals

188. The disturbance or interruption shall be deemed to be if caused by

more than three persons who are armed or provided with means
of violence.
a. charivari b. tumultuous

189. Burying with pomp the body of a person who has been legally
executed is punishable by:
a. death b. arresto menor

190. Alarms and scandals is committed by which of these?

a.Any person who within any town or public place, shall
discharge any firearm, rocket, firecracker, or other explosives
calculated to cause alarm or danger;
b.Any person who shall instigate or take an active part in any
charivari or other disorderly meeting offensive to another or
prejudicial to public tranquility;
c. Any person who, while wandering about at night or while
engaged in any other nocturnal amusements, shall disturb
the public peace; or
d.Any person who, while intoxicated or otherwise, shall cause
any disturbance or scandal in public places, provided that the
circumstances of the case shall not make the provisions of
Article 153 applicable.
e. All of these

191. This is committed by any person who shall remove from any jail
or penal establishment any person confined therein or shall help
the escape of such person, by means of violence, intimidation, or
bribery. If the escape of the prisoner shall take place outside of
said establishments by taking the guards by surprise this crime
is also committed.
a. evasion of service of sentence
 b. delivering prisoners from jail
192. This is committed by any convict who shall evade service of his
sentence by escaping during the term of his imprisonment by
reason of final judgment.
a. evasion of service of sentence
b. delivering prisoners from jail

193. Which of these is qualified evasion of service of sentence?

a. such evasion or escape shall have taken place by means of unlawful
entry
b.by breaking doors, windows, gates, walls, roofs, or floors, or by
using picklocks, false keys, deceit, violence or intimidation, or
through connivance with other convicts or employees of the
penal institution
c. all of these

194. This is committed by a convict who shall evade the service of his
sentence, by leaving the penal institution where he shall have
been confined, on the occasion of disorder resulting from a
conflagration, earthquake, explosion, or similar catastrophe, or
during a mutiny in which he has not participated, shall suffer an
increase of one-fifth of the time still remaining to be served
under the original sentence, which in no case shall exceed six
months, if he shall fail to give himself up to the authorities
within forty-eight hours following the issuance of a proclamation
by the Chief Executive announcing the passing away of such
calamity.
a.Evasion of service of sentence on the occasion of disorder,
conflagrations, earthquakes, or other calamities.
b. infidelity in the custody of prisoners

195. Committed by a convict who, having been granted conditional

pardon by the Chief Executive, shall violate any of the
conditions of such pardon.
a. other cases of evasion of service of sentence
b. violation of conditional pardon
c. both a and b

196. Committed by any person who shall commit a felony after having
been convicted by final judgment, before beginning to serve such
 sentence, or while serving the same, shall be punished by the
maximum period of the penalty prescribed by law for the new
felony.
a. Recidivist b. Quasi Recidivist

197. A quasi recidivist who is not a habitual criminal, shall be

pardoned at the age of years old if he shall have already
served out his original sentence, or when he shall complete it
after reaching the said age, unless by reason of his conduct or
other circumstances he shall not be worthy of such clemency.
a. 70 b. 80

198. Committed by any person who shall forge the Great Seal of the
Government of the Philippine Islands or the signature or stamp of
the Chief Executive.
a. Counterfeiting the great seal of the Government of the
Philippine Islands, forging the signature or stamp of the Chief
Executive

199. Committed by any person who shall knowingly make use of the
counterfeit seal or forged signature or stamp of the President
a. Using forged signature or counterfeit seal or stamp.

200. Committed by any person who makes, imports, or utters, false

coins, in connivance with counterfeiters, or importers. This crime
is:
a. making and importing and uttering false coin

201. This is committed by any person who shall mutilate coins of the
legal currency of the Philippine Islands or import or utter mutilated
current coins, or in connivance with mutilators or importers.
a. mutilation of coins

202. Committed by the person who knowingly, although without the

connivance, shall possess false or mutilated coin with intent to
utter the same, or shall actually utter such coin.
a. selling of false or mutilated coins without connivance
203. This is committed by forging or falsification of treasury or bank
notes or certificates or other obligations and securities payable to
bearer and the importation and uttering in connivance with forgers
or importers of such false or forged obligations or notes.
a. Forging treasury or bank notes on other documents payable
to bearer; importing, and uttering such false or forged notes
and documents.
204. Committed by any person who shall knowingly use or have in his
possession, with intent to use any of the false or falsified
instruments.
a. Illegal possession and use of false treasury or bank notes and
other instruments of credit.

205. How is forgery committed?

a. By giving to a treasury or bank note or any instrument, payable
to bearer or order mentioned therein, the appearance of a
true genuine document.
b. By erasing, substituting, counterfeiting or altering by any
means the figures, letters, words or signs contained therein.
c. All of these

206. How is Falsification by public officer, employee or notary or

ecclesiastic minister. Committed?
a. Counterfeiting or imitating any handwriting, signature or rubric;
b. Causing it to appear that persons have participated in any act
or proceeding when they did not in fact so participate;
c. Attributing to persons who have participated in an act or
proceeding statements other than those in fact made by
them;
d. Making untruthful statements in a narration of facts;
e. Altering true dates;
f. Making any alteration or intercalation in a genuine document
which changes its meaning;
g. Issuing in an authenticated form a document purporting to be
a copy of an original document when no such original exists, or
including in such a copy a statement contrary to, or different
from, that of the genuine original; or
h. Intercalating any instrument or note relative to the issuance
thereof in a protocol, registry, or official book.
i. all of these
208. Committed by any person who shall knowingly and falsely
represent himself to be an officer, agent or representative of any
department or agency of the Philippine Government or of any
foreign government, or who, under pretense of official position,
shall perform any act pertaining to any person in authority or
public officer of the Philippine Government or any foreign
government, or any agency thereof, without being lawfully entitled
to do so.
a. usurpation of authority or official functions

209. Committed by any person who shall publicly use a fictitious

name for the purpose of concealing a crime, evading the
execution of a judgment or causing damage.
a. using fictitious names and concealing true name
b. anti alias law

210. Committed by any person who shall publicly and improperly

make use of insignia, uniforms or dress pertaining to an office
not held by such person or to a class of persons of which he is
not a member.
a. estafa
b. illegal use of uniforms and insignia

211. Committed by any person who shall give false testimony against
the defendant in any criminal case.
a. false testimony against a defendant
b. false testimony favourable to the defendant

212. Committed by any person who shall give false testimony in

favor of the defendant in a criminal case.
a. false testimony against a defendant
b. false testimony favourable to the defendant
213. Committed by any person, who knowingly makes untruthful
statements and shall testify under oath, or make an affidavit,
upon any material matter before a competent person authorized
to administer an oath in cases in which the law so requires.
a. perjury b. false testimony
214. Committed by any person who shall knowingly offer in evidence a
false witness or testimony in any judicial or official proceeding,
shall be punished as guilty of false testimony.
a. offering false testimony in evidence

215. This is committed by any person who shall solicit any gift or
promise as a consideration for refraining from taking part in any
public auction, and any person who shall attempt to cause
bidders to stay away from an auction by threats, gifts, promises,
or any other artifice, with intent to cause the reduction of the
price of the thing auctioned,
a. machinations in public auctions

216. Punishable by arresto mayor and committed by any person who

shall offend against decency or good customs by any highly
scandalous conduct not expressly falling within any other article
of this Code.
a. alarms and scandals b. public scandals c.grave scandals

217. Which of these is an act that violates the law on immoral

doctrines, obscene publications and exhibitions and indecent
shows?
a. Those who shall publicly expound or proclaim doctrines openly
contrary to public morals
b. the authors of obscene literature, published with their
knowledge in any form; the editors publishing such literature;
and the owners/operators of the establishment selling the
same;
c. Those who, in theaters, fairs, cinematographs or any other
place, exhibit, indecent or immoral plays, scenes, acts or
shows, whether live or in film, which are prescribed by virtue
hereof, shall include those which (1) glorify criminals or
condone crimes; (2) serve no other purpose but to satisfy the
market for violence, lust or pornography; (3) offend any race or
religion; (4) tend to abet traffic in and use of prohibited drugs;
and (5) are contrary to law, public order, morals, and good
customs, established policies, lawful orders, decrees and
edicts;
 c. Those who shall sell, give away or exhibit films, prints,
engravings, sculpture or literature which are offensive to
morals.
d. All of these
218. Which of these is vagrant?
a. Any person having no apparent means of subsistence, who
has the physical ability to work and who neglects to apply
himself or herself to some lawful calling
b. Any person found loitering about public or semi-public
buildings or places or trampling or wandering about the country
or the streets without visible means of support
c. Any idle or dissolute person who ledges in houses of ill fame;
ruffians or pimps and those who habitually associate with
prostitutes
d. Any person who, not being included in the provisions of other
articles of this Code, shall be found loitering in any inhabited
or uninhabited place belonging to another without any
lawful or justifiable purpose
e. Prostitutes.
f. All of these

219. The law that decriminalized vagrancy, it is no longer

punishable. a. RA 10158

220. She is a women who, for money or profit, habitually indulge in

sexual intercourse or lascivious conduct, her penalty is arresto
menor or a fine not exceeding 200 pesos, however, if she is a
recidivist arresto mayor medium to prision correctional minimum
and P200 – P2,000 fine.
a. prostitute
221. He is a person who, by direct provision of the law, popular
election or appointment by competent authority, shall take part
in the performance of public functions in the Government of the
Philippine Islands, of shall perform in said Government or in any
of its branches public duties as an employee, agent or
subordinate official, of any rank or class.
a. Person in authority b. Public officer

222. This is committed by any judge who shall knowingly render an

 unjust judgment in any case submitted to him for decision.
a. Misfeasance b. Knowingly rendering unjust judgment
224. Committed by any judge who, by reason of inexcusable
negligence or ignorance shall render a manifestly unjust
judgment in any case submitted to him for decision.
a. Judgement rendered thru negligence b. Unjust Interlocutory order
225. This is committed by any judge who shall knowingly render an
unjust interlocutory order or decree. But if he shall have acted by
reason of inexcusable negligence or ignorance and this order be
manifestly unjust, the penalty shall be suspension.

a. Judgement rendered thru negligence b. Unjust Interlocutory order

226. This is committed by any judge guilty of malicious delay in the

administration of justice.
a. Malicious mischief
b. Malicious delay in the administration of justice

227. All of these are committed by a judge except:

a. knowingly rendering unjust judgment
b. judgment rendered thru negligence
c. unjust interlocutory order
d. malicious delay in the administration of justice
e. prevaricacion

228. This is committed by any public officer, or officer of the law, who, in
dereliction of the duties of his office, shall maliciously refrain from
instituting prosecution for the punishment of violators of the law,
or shall tolerate the commission of offenses.
a. Negligence and tolerance in the prosecution of offense
b. Prevaricacion
c. All of these

229. This is committed by any attorney-at-law or solicitor ( procurador

judicial) who, by any malicious breach of professional duty or of
inexcusable negligence or ignorance, shall prejudice his client, or
reveal any of the secrets of the latter learned by him in his
 professional capacity. This crime may also be committed by an
attorney-at-law or solicitor (procurador judicial) who, having
undertaken the defense of a client or having received confidential
information from said client in a case, shall undertake the defense of
the opposing party in the same case, without the consent of his
first client.
a. Prevaricacion
b. Betrayal of trust by an attorney

230. This is committed by any public officer who shall agree to

perform an act constituting a crime, in connection with the
performance of this official duties, in consideration of any offer,
promise, gift or present received by such officer, personally or
through the mediation of another.
This crime is also committed whenever the gift was accepted
by the officer in consideration of the execution of an act which
does not constitute a crime, and the officer executed said act,
and or if said act shall not have been accomplished.
If the object for which the gift was received or promised was to
make the public officer refrain from doing something which it
was his official duty to do, this crime is also committed.

a. Direct bribery b. Indirect bribery

231. This is committed by any public officer who shall accept gifts
offered to him by reason of his office.
a. Direct bribery b. indirect bribery
232. This is committed by any public officer is entrusted with law
enforcement and he refrains 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, in which case, he shall suffer the penalty for the
offense which was not prosecuted. If it is the public officer who
asks or demands such gift or present, he shall suffer the penalty
of death.
a. Direct bribery b. indirect bribery c. qualified bribery

233. The same penalties imposed upon the officer corrupted, except
those of disqualification and suspension, shall be imposed upon
any person who shall have made the offers or promises or given
the gifts or presents as described in the crime of direct and
indirect bribery
a. true

234. This is committed public officer who:

1. In his official capacity, in dealing with any person with
regard to furnishing supplies, the making of contracts, or the
adjustment or settlement of accounts relating to public
property or funds, shall enter into an agreement with any
interested party or speculator or make use of any other
scheme, to defraud the Government;
2. Being entrusted with the collection of taxes, licenses, fees
and other imposts, shall be guilty or any of the following acts
or omissions:
(a) Demanding, directly, or indirectly, the payment of
sums different from or larger than those authorized by
law.
(b) Failing voluntarily to issue a receipt, as provided by
law, for any sum of money collected by him officially.
(c) Collecting or receiving, directly or indirectly, by way of
payment or otherwise things or objects of a nature
different from that provided by law.

What crime is mentioned above?

a. frauds against the public treasury and similar offenses.

 b. Estafa

235. In the crime of “frauds against the public treasury”, when the
culprit is an officer or employee of the Bureau of Internal Revenue
or the Bureau of Customs, the provisions of the Administrative
Code, and not the Revised Penal Code shall be applied. The
statement is:
a. true b. false

236. This is committed by any appointive public officer who, during

his incumbency, shall directly or indirectly become interested in
any transaction of exchange or speculation within the territory
subject to his jurisdiction.
a. Prohibited transactions

237. This is committed by a public officer who directly or indirectly, shall

become interested in any contract or business in which it is his
official duty to intervene.
a. Possession of prohibited interest by a public officer

238. This is committed by any public officer who, by reason of the

duties of his office, is accountable for public funds or property,
shall appropriate the same or shall take or misappropriate or shall
consent, through abandonment or negligence, shall permit any
other person to take such public funds, or property, wholly or
partially.
a. Malversation of public funds and property
b. Illegal Use of Public Funds and Property

239. Persons guilty of malversation shall also suffer a fine equal to

the amount of the funds malversed or equal to the total value of
the property embezzled. The statement is:
a. true b. false

240. Under the law on malversation, the failure of a public officer to

have duly forthcoming any public funds or property with which
 he is chargeable, upon demand by any duly authorized officer,
shall be
evidence that he has put such missing funds or property to
personal use.
a. conclusive b. prima facie

241. Committed by any public officer, whether in the service or

separated therefrom by resignation or any other cause, who is
required by law or regulation to render account to the Insular
Auditor, or to a provincial auditor and who fails to do so for a
period of two months after such accounts should be rendered.
a. Failure of accountable officer to render account

242. This is committed by any public officer who unlawfully leaves or

attempts to leave the Philippine Islands without securing a
certificate from the Insular Auditor showing that his accounts
have been finally settled.
a. Failure of a responsible public officer to render accounts before
leaving the country.

243. This is committed by any public officer who shall apply any public
fund or property under his administration to any public use other
than for which such fund or property were appropriated by
law or ordinance shall suffer the penalty of prision correctional
in its minimum period or a fine ranging from one-half to the total
of the sum misapplied, if by reason of such misapplication, any
damages or embarrassment shall have resulted to the public
service. If no damage or embarrassment to the public service has
resulted, the penalty shall be a fine from 5 to 50 per cent of the
sum misapplied.

a. illegal use of public funds or property

b. technical malversation
c. all of these

244. This is committed by any public officer under obligation to make

payment from Government funds in his possession, who shall fail
to make such payment.
a. Failure to make delivery of public funds or property
 245. This is committed by public officer who shall consent to the escape
of a prisoner in his custody or charge.
a. conniving with or consenting to evasion
b. evasion of service of sentence

246. If the evasion of the prisoner shall have taken place through the
negligence of the officer charged with the conveyance or custody of
the escaping prisoner, the crime is:
a. Evasion through negligence
b. Evasion of service of sentence

247. This is committed by any private person to whom the conveyance

or custody or a prisoner or person under arrest shall have been
confided, who shall commit any infidelity custody of prisoners, or
evasion thru negligence, shall suffer the penalty next lower in degree
than that prescribed for the public officer.
a. Escape of prisoner under the custody of a person not a public officer

248. This is committed by any public officer who shall remove,

destroy or conceal documents or papers officially entrusted to him.
a. infidelity in the custody of documents
b. removal, concealment or destruction of documents
c. all of these

249. This is committed by any public officer charged with the custody of
papers or property sealed by proper authority, who shall break the
seals or permit them to be broken
a. Officer breaking seal

250. This is committed by any public officer who, without proper authority, shall
open or shall permit to be opened any closed papers, documents or objects
entrusted to his custody
a. Opening closed document
251. This is committed by any public officer who shall reveal any secret
known to him by reason of his official capacity, or shall wrongfully
deliver papers or copies of papers of which he may have charge and
which should not be published, whether the revelation or delivery
has caused serious damage to the public interest or not.
a. revelation of secrets by an officer

252. This is committed by any public officer to whom the secrets of any
private individual shall become known by reason of his office who
shall reveal such secrets.
a. Public officer revealing secrets of private individual

253. This is committed by any judicial or executive officer who shall

openly refuse to execute the judgment, decision or order of any
superior authority made within the scope of the jurisdiction of the
latter and issued with all the legal formalities.
a. Open disobedience

254. This is committed by public officer who, having for any reason
suspended the execution of the orders of his superiors, shall disobey
such superiors after the latter have disapproved the suspension.
a. Disobedience to order of superior officers, when said order was
suspended by inferior officer.

255. This is committed by a public officer who, upon demand from

competent authority, shall fail to lend his cooperation towards the
administration of justice or other public service, if such failure
shall result in serious damage to the public interest, or to a third
party or otherwise.
a. Refusal of assistance

256. This is committed by any person who, having been elected by

popular election to a public office, shall refuse without legal motive
to be sworn in or to discharge the duties of said office.
a. Refusal to discharge elective office

257. Thisis 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 authorized by the regulations, or by inflicting
such punishment in a cruel and humiliating manner.
a. Maltreatment of prisoners
b. Physical injuries

258. What is qualified maltreatment of prisoners?

a. If the purpose of the maltreatment is to extort a confession
b. If the purpose of the maltreatment is to obtain some information
from the prisoner
c. All of these

259. This is committed by any person who shall assume the

performance of the duties and powers of any public officer or
employment without first being sworn in or having given the bond
required by law, shall be suspended from such office or
employment until he shall have complied with the respective
formalities and shall be fined from 200 to 500 pesos.
a. Anticipation of duties of a public office
260. This is committed by any public officer shall continue to
exercise the duties and powers of his office, employment or
commission, beyond the period provided by law, regulation or
special provisions applicable to the case.
a. Prolonging performance of duties and powers
261. This is committed by any public officer who, before the
acceptance of his resignation, shall abandon his office to the
detriment of the public service
a. Abandonment of office or position

262. Committed by any public officer who shall encroach upon the
powers of the legislative branch of the Government, either by making
general rules or regulations beyond the scope of his authority, or
by attempting to repeal a law or suspending the execution thereof.
a. Usurpation of legislative powers
263. Committed by any judge who shall assume any power pertaining to
the executive authorities, or shall obstruct the latter in the lawful
exercise of their powers.
a. Usurpation of executive powers
264. Committed by any officer of the executive branch of the
Government who shall assume judicial powers or shall obstruct the
execution of any order or decision rendered by any judge within its
jurisdiction.
a. Usurpation of judicial functions
265. Committed by any public officer who, before the question of
jurisdiction is decided, shall continue any proceeding after having
been lawfully required to refrain from so doing.
a. Disobeying request for disqualification
266. Committed by any executive officer who shall address any order
or suggestion to any judicial authority with respect to any case or
business coming within the exclusive jurisdiction of the courts of
justice.
a. Orders or requests by executive officers to any judicial authority

267. Committed by any public officer who shall knowingly nominate

or appoint to any public office any person lacking the legal
qualifications therefor.
a. Unlawful appointments

268. This is committed by:

1. any public officer who shall solicit or make immoral or indecent
advances to a woman interested in matters pending before such
officer for decision, or with respect to which he is required to submit
a report to or consult with a superior officer;
2. Any warden or other public officer directly charged with the care
and custody of prisoners or persons under arrest who shall solicit or
make immoral or indecent advances to a woman under his custody
(or wife, daughter or sister in the custody of such warden or officer)
The felony committed by the public officer is:
a. Sexual harassment
b. Abuses against chastity

269. This is committed by any person who shall kill his father,
mother, or child, whether legitimate or illegitimate, or any of his
ascendants, or descendants, or his spouse.
 a. incest b. parricide

270. Committed by any legally married person who having surprised his
spouse in the act of committing sexual intercourse with another
person, shall kill any of them or both of them in the act or
immediately thereafter, or shall inflict upon them any serious
physical injury, shall suffer the penalty of destierro.
a. Death or physical injuries inflicted under exceptional circumstances

271. Murder is killing another by which of these

qualifying/attendant circumstances?
a. With treachery, taking advantage of superior strength, with
the aid of armed men, or employing means to weaken the
defense or of means or persons to insure or afford impunity.
b. In consideration of a price, reward, or promise.
c. By means of inundation, fire, poison, explosion, shipwreck,
stranding of a vessel, derailment or assault upon a street car or
locomotive, fall of an airship, by means of motor vehicles, or
with the use of any other means involving great waste and
ruin.
d. On occasion of any of the calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic or other public
calamity.
e. With evident premeditation.
f. With cruelty, by deliberately and inhumanly augmenting the
suffering of the victim, or outraging or scoffing at his person or
corpse.
g. all of these

272. Committed by any person who shall kill another without the
attendance of any of the circumstances of murder.
a. homicide b. murder

273. This happens when there are several persons, not composing
groups organized for the common purpose of assaulting and
attacking each other reciprocally, quarrel and assault each other
 in a confused and tumultuous manner, and in the course of the
affray someone is killed, and it cannot be ascertained who
actually killed the deceased, but the person or persons who
inflicted serious physical injuries can be identified, such person or
persons shall be punished by prision mayor.
a. Death caused in a tumultuous affray
274. Committed by person who shall assist another to commit suicide
or lends his assistance to another to the extent of doing the
killing himself.
a. Giving assistance to suicide b. Giving assistance to euthanasia

275. Committed by any person who shall shoot at another with any
firearm (no intent to kill).
a. grave threats b. (illegal) discharge of firearms

276. Committed by any person who shall kill any child less than three
days of age, and the penalty for which is the same as that for
parricide and murder.
a. infanticide b. homicide

277. Mitigating circumstance of a mother who committed infanticide

of her own child.
a. the child has in born defect
b. to conceal her dishonor
278. Which of these is a way of committing intentional abortion?
a. using any violence upon the person of the pregnant woman.
b. without using violence, acting without the consent of the woman.
c. causing an abortion if the woman shall have consented.
d. all of these

279. Committed by any person who shall cause an abortion by

violence, but unintentionally.
a. intentional abortion b. unintentional abortion
280. Committed by a pregnant woman who shall practice abortion
upon herself or shall consent that any other person should do
so.
a. Abortion practice by the pregnant woman herself or by her parents
281. Which of these may enjoy mitigated penalty if they cause the
abortion of a baby for the purpose of concealment of dishonour
of the pregnant woman?
a. pregnant woman herself
b. parents of the pregnant woman
c. both a and b
d. husband of the pregnant woman
282. Committed by any physician or midwife who, taking advantage
of their scientific knowledge or skill, shall cause an abortion or
assist in causing the same.
a. Abortion practiced by a physician or midwife

283. Any pharmacist who, without the proper prescription from a

physician, shall dispense any abortive.
a. Unlawful dispensing of abortives
284. A formal combat between two parties in the presence and under
the direction of a second/s.
a. duet b. duel c. ufc d. wwe

285. In the crime of duel, the seconds shall in all events be punished as:
a. principals b. accomplices c. accessories

286. Committed by any person who shall challenge another, or incite

another to give or accept a challenge to a duel, or shall scoff at or
decry another publicly for having refused to accept a challenge
to fight a duel.
a. Challenging to a duel
b. Grave threats

287. Committed by any person who shall intentionally mutilate another

by depriving him, either totally or partially, or some essential organ
of reproduction.
a. mutilation b. cutting source of joy of another
288. Which of these is serious physical injuries?
a. the injured person shall become insane, imbecile, impotent, or blind
b. the person injured shall have lost the use of speech or the
power to hear or to smell, or shall have lost an eye, a hand, a
foot, an arm, or a leg or shall have lost the use of any such
member, or shall have become incapacitated for the work in
which he was therefor habitually engaged
c. the person injured shall have become deformed, or shall have lost
any other part of his body, or shall have lost the use thereof,
or shall have been ill or
incapacitated for the performance of the work in which he as
habitually engaged for a period of more than ninety days

d. the physical injuries inflicted shall have caused the illness or

incapacity for labor of the injured person for more than thirty
days.
e. all of these
289. What is qualified serious physical injuries?
a. if the victim of the physical injuries is the spouse,
ascendants, descendants, parents, and children of the
offender.

290. The same penalty for physical injuries shall be applicable in the
respective case to any person who, without intent to kill, shall
inflict upon another any serious, physical injury, by knowingly
administering to him any injurious substance or beverages or by
taking advantage of his weakness of mind or credulity.
a. Administering injurious substances or beverages
291. Committed by any person who shall inflict upon another
physical injuries which shall incapacitate the offended party for
labor for ten days or more (up to 30 days), or shall require
medical assistance for the same period.
a. slight physical injuries b. less serious physical injuries

292. Which of these is slight physical injuries or maltreatment?

a. inflicting physical injuries which shall incapacitate the offended
party for labor from one to nine days, or shall require medical
 attendance during the same period.
b. inflicting physical injuries which do not prevent the offended
party from engaging in his habitual work nor require medical
assistance.
c. ill-treating another by deed without causing any injury
d. all of these
293. An act expanding the definition of the crime of rape,
reclassifying the same as a crime against persons. "The Anti-
Rape Law of 1997.
a. RA 8353

294. Committed by any person who shall commit an act of sexual

assault by inserting his penis into another person's mouth or
anal orifice, or any instrument or object, into the genital or anal
orifice of another person.
a. rape by sexual intercourse b. rape by sexual assault

295. Kidnapping and serious illegal detention is committed by any

private individual who shall kidnap or detain another, or in any
other manner deprive him of his liberty, by which of these
a. . If the kidnapping or detention shall have lasted more
than 3 days. b . If it shall have been committed
simulating public authority.
c. . If any serious physical injuries shall have been inflicted upon the
person kidnapped or detained; or if threats to kill him shall have been
made.
d.. If the person kidnapped or detained shall be a minor, female
or a public officer.
e. all of these

296. What is qualified kidnapping?

a. If the kidnapping or detention was committed for the purpose
of extorting ransom from the victim or any other person
b. If the victim died, or is raped, or is tortured
c. All of these.
297. Committed by any person who, in any case other than those
authorized by law, or without reasonable ground therefor, shall
arrest or detain another for the purpose of delivering him to the
proper authorities.
a. kidnapping b. unlawful arrest
298. Committed by any person who, being entrusted with the
custody of a minor person, shall deliberately fail to restore the
latter to his parents or guardians.
a. Kidnapping and failure to return a minor
b. Inducing a minor to abandon home

299. This is committed by anyone, including a parent who shall

induce a minor to abandon the home of his parent or guardians
or the persons entrusted with his custody.
a. Kidnapping and failure to return a minor
b. Inducing a minor to abandon home

300. Committed by anyone who shall purchase, sell, kidnap or

detain a human being for the purpose of enslaving him.
a. human trafficking b. slavery

301. What is qualified slavery?

a. If the slavery is committed for the purpose of assigning the
offended party to some immoral traffic

302. Committed by anyone who, under the pretext of reimbursing

himself of a debt incurred by an ascendant, guardian or person
entrusted with the custody of a minor, shall, against the latter's
will, retain him in his service.
a. Exploitation of child labor b. Child abuse

303. Committed by any person who, in order to require or enforce

the payment of a debt, shall compel the debtor to work for him,
against his will, as household servant or farm laborer.
a. Grave coercion
 b. Services rendered under compulsion in payment of debt.

304. Committed by one who shall fail to render assistance to any

person whom he shall find in an uninhabited place wounded or in
danger of dying, when he can render such assistance without
detriment to himself, unless such omission shall constitute a
more serious offense. Anyone who shall fail to help or render
assistance to another whom he has accidentally wounded or
injured.
a. abandonment of persons in danger and abandonment of one’s own
victim

305. Committed by anyone who shall abandon a child under seven

years of age, the custody of which is incumbent upon him.
a. abandoning a minor

306. This is committed by anyone who, having charge of the rearing

or education of a minor, shall deliver said minor to a public
institution or other persons, without the consent of the one who
entrusted such child to his care or in the absence of the latter,
without the consent of the proper authorities. This is also
committed by parents who shall neglect their children by not
giving them the education which their station in life require and
financial conditions permit.
a. Abandonment of a minor by a person entrusted with his
custody; indifference of parents

307. Committed by private person who shall enter the dwelling of

another against the latter's will.
a. violation of domicile b. trespass to dwelling

308. What is qualified trespassing?

a. If the trespassing be committed by means of violence or intimidation.
309. Which of these is absolutory cause in trespassing?
a. enter another's dwelling for the purpose of preventing some
serious harm to himself, the occupants of the dwelling or a third
 person
b.trespassing by any person who shall enter a dwelling for the
purpose of rendering some service to humanity or justice,
c. anyone who shall enter cafes, taverns, inn and other public
houses, while the same are open.
d. All of these

310. Committed by any person who shall enter the closed premises or the
fenced estate of another, while either or them are uninhabited, if
the prohibition to enter be manifest and the trespasser has not
secured the permission of the owner or the caretaker thereof.

a. simple trespass b. other forms of trespass

311. This is committed by any person who shall threaten another with
the infliction upon the person, honor or property of the latter or of
his family of any wrong amounting to a crime.
a. grave threats b. light threats

312. Any threat to commit a wrong not constituting a crime.

a. Grave threats b. light threats

313. The person making the grave or light threats may also be
required to give bail not to molest the person threatened, or if he
shall fail to give such bail, he shall be sentenced to destierro.
a. bond for good behaviour b. bond to keep the peace

314. Which of these is “other light threats”?

a. threatening another with a weapon or draw such weapon in a
quarrel, unless it be in lawful self-defense.
b. any person who, in the heat of anger, shall orally threaten
another with some harm not constituting a crime, and who by
subsequent acts show that he did not persist in the idea
involved in his threat.
c.any person who shall orally threaten to do another any harm
not constituting a felony.
d. all of these
315. Committed by any person who, without authority of law, shall,
by means of violence, prevent another from doing something not
prohibited by law, or compel him to do something against his
will, whether it be right or wrong.
a. grave threats b. grave coercion

316. What is qualified grave coercion?

a. If the coercion be committed for the purpose of compelling
another to perform any religious act or to prevent him from so
doing.

317. Committed by any person who, by means of violence, shall seize

anything belonging to his debtor for the purpose of applying the
same to the payment of the debt.
a. Light coercions b.Grave coercions

318. Any human conduct which although not productive of material or

physical harm will annoy or vex an innocent person
a. unjust vexation b. unjust enrichment

319. Committed by any private individual who in order to discover the

secrets of another, shall seize his papers or letters and reveal or not
reveal the contents thereof.
a. Discovering secrets through seizure of correspondence

320. This is committed by any manager, employee, or servant who,

in such capacity, shall learn the secrets of his principal or master
and shall reveal such secrets.
a. Revealing secrets with abuse of office

321. Committed by any person in charge, employee or workman of

any manufacturing or industrial establishment who, to the
prejudice of the owner thereof, shall reveal the secrets of the
industry of the latter.
a. Revelation of industrial secrets
322. Committed by any person who, with intent to gain, shall take any
personal property belonging to another, by means of violence or
intimidation of any person, or using force upon anything.
a. theft b. robbery

323. When more than three armed malefactors take part in the
commission of a robbery, it shall be deemed to have been
committed by a
a. band
324. Any member of a band who is present at the commission of a
robbery by the band, shall be punished as principal of any of the
assaults committed by the band, unless it be shown that he:
a. attempted to prevent the same
b. reported the incident to the police
325. When by reason or on occasion of an attempted or frustrated
robbery a homicide is committed, this is also known as:
a. attempted and frustrated robbery committed under exceptional
circumstances

326. This is a type of robbery wherein any person who, with intent to
defraud another, by means of violence or intimidation, shall
compel him to sign, execute or deliver any public instrument or
documents, shall be held guilty of robbery.
a. Execution of deeds by means of violence

327. Robbery may be robbery with violence against or intimidation of

another person. The other form of robbery is:
a. robbery with the use of force upon things

328. It means any shelter, ship or vessel constituting the dwelling of

one or more persons, even though the inhabitants thereof shall
temporarily be absent therefrom when the robbery is committed.
a. Inhabited house
329. The term includes every building owned by the
Government or belonging to a private person not included used
or rented by the Government, although temporarily unoccupied
by the same.
a. private building b. public building

330. These are tools especially adopted to the commission of the crime
of robbery, and the possession of which is already punishable.
a. picklocks and other similar tools

331. The term "false keys" shall be deemed to include which of these?
a. picklocks
b. genuine keys stolen from the owner.
c. any keys other than those intended by the owner for use in the
lock forcibly opened by
d. all of these
332. When more than three armed persons form a band of robbers for
the purpose of committing robbery in the highway, or kidnapping
persons for the purpose of extortion or to obtain ransom or for any
other purpose to be attained by means of force and violence, they
shall be deemed what?
a. highway robbers or brigands b. recidivists

333. This is committed by any person who, with intent to gain but
without violence against or intimidation of persons nor force upon
things, shall take personal property of another without the latter's
consent.
a. theft b. robbery

334. Theft is likewise committed by:

a. Any person who, having found lost property, shall fail to
deliver the same to the local authorities or to its owner;
b. Any person who, after having maliciously damaged the property
of another, shall remove or make use of the fruits or object of
the damage caused by him; and
c. Any person who shall enter an inclosed estate or a field
where trespass is forbidden or which belongs to another and
without the consent of its owner, shall hunt or fish upon the
 same or shall gather cereals, or other forest or farm
products.
d. all of these

335. A type of theft higher by two degrees , if committed by a

domestic servant, or with grave abuse of confidence, or if the
property stolen is motor vehicle, mail matter or large cattle or
consists of coconuts taken from the premises of the plantation or
fish taken from a fishpond or fishery, or if property is taken on
the occasion of fire, earthquake, typhoon, volcanic eruption, or
any other calamity, vehicular accident or civil disturbance.
a. robbery b. qualified theft

336. If the property stolen be any property of the National Library or the
National Museum this is:
a. Theft of the property of the National Library and National Museum. –
337. Any person who, by means of violence against or intimidation of
persons, shall take possession of any real property or shall usurp any
real rights in property belonging to another.
a. Occupation of real property or usurpation of real rights in property
b. squatting
338. Committed by any person who shall alter the boundary marks or
monuments of towns, provinces, or estates, or any other marks
intended to designate the boundaries of the same.
a. Squatting
b. Altering boundaries or landmarks
339. Committed by any person who shall abscond with his property to
the prejudice of his creditors, shall suffer the penalty of prision
mayor, if he be a merchant and the penalty of prision correccional in
its maximum period to prision mayor in its medium period, if he be
not a merchant.
a. Estafa b. fraudulent insolvency
340. Estafa is also known as:
a. swindling b. embezzlement

341. Committed by any person who taking advantage of the

inexperience or emotions or feelings of a minor, to his detriment,
 shall induce him to assume any obligation or to give any release
or execute a transfer of any property right in consideration of some
loan of money, credit or other personal property, whether the loan
clearly appears in the document or is shown in any other form.
a. Swindling a minor

342. This is committed by any person who shall damage or defraud

another by any other deceit not mentioned in the laws on estafa.
This is also committed by any person who, for profit or gain, shall
interpret dreams, make forecasts, tell fortunes, or take advantage
of the credulity of the public in any other similar manner.
a. Other deceits

343. Thecrime of Removal, sale or pledge of mortgaged property is

committed by which of these?

a. Any person who shall knowingly remove any personal

property mortgaged under the Chattel Mortgage Law to any
province or city other than the one in which it was located
at the time of the execution of the mortgage, without the
written consent of the mortgagee, or his executors,
administrators or assigns.
b. Any mortgagor who shall sell or pledge personal property
already pledged, or any part thereof, under the terms of the
Chattel Mortgage Law, without the consent of the mortgagee
written on the back of the mortgage and noted on the record
hereof in the office of the Register of Deeds of the province
where such property is located.
c. All of these
344. The destruction of the property of another by means of fire.
a. arson b. malicious mischief

345. Which of these is Prima Facie evidence of Arson?

a. If the fire started simultaneously in more than one part of
the building or establishment.
b. If substantial amount of flammable substances or
 materials are stored within the building note necessary in
the business of the offender nor for household us.
c. Ifgasoline, kerosene, petroleum or other flammable or
combustible substances or materials soaked therewith or
containers thereof, or any mechanical, electrical, chemical,
or electronic contrivance designed to start a fire, or ashes
or traces of any of the foregoing are found in the ruins or
premises of the burned building or property.
d. If the building or property is insured for substantially more
than its actual value at the time of the issuance of the
policy.
e. Ifduring the lifetime of the corresponding fire insurance
policy more than two fires have occurred in the same or
other premises owned or under the control of the offender
and/or insured.
f. If shortly before the fire, a substantial portion of the effects
insured and stored in a building or property had been
withdrawn from the premises except in the ordinary course
of business.
g. If a demand for money or other valuable consideration was
made before the fire in exchange for the desistance of the
offender or for the safety of the person or property of the
victim.
h. all of these

346. Which of these is Special Aggravating Circumstances in Arson?

a. If committed with intent to gain;
b. If committed for the benefit of another;
c. If the offender is motivated by spite or hatred towards
the owner or occupant of the property burned;
d. If committed by a syndicate
e. All of these
347. What is syndicated arson? Or arson aggravated by being
committed by a syndicate?
a. The offense is committed by a syndicate if its is
planned or carried out by a group of three (3) or more persons.

348. This is committed by any person who shall deliberately cause the
 property of another any damage by any means and is not
considered arson.
a. malicious mischief
b. reckless imprudence resulting in damage to property
349. Which of these is special case of malicious mischief?
a. cause damage to obstruct the performance of public functions
b. using any poisonous or corrosive substance
c. spreading any infection or contagion among cattle
d. cause damage to the property of the National Museum or
National Library, or to any archive or registry, waterworks,
road, promenade, or any other thing used in common by the
public.
e. all of these
350. Committed by any person who shall damage any railway,
telegraph or telephone lines.
a. Damage and obstruction to means of communication
351. This is committed by person who shall destroy or damage statues
or any other useful or ornamental public monument or any useful
or ornamental painting of a public nature.
a. Destroying or damaging statues, public monument or paintings
352. No criminal, but only civil liability, shall result from the
commission of the crime of theft, swindling or malicious mischief
committed or caused mutually by the following persons, who is
not included? (who is not exempted from criminal liability?)
a. Spouses, ascendants and descendants, or relatives by affinity
in the same line.
b. The widowed spouse
c. Brothers and sisters and brothers-in-law and sisters-in-law, if
living together.
d. cousins and uncle and auntie
353. This is committed by any married woman who shall have sexual
intercourse with a man not her husband and by the man who has
carnal knowledge of her knowing her to be married.
a. adultery b. concubinage

354. The concubine shall suffer the penalty of

a. stoning b. destierro
354-A. Committed by any husband who shall keep a mistress in the
conjugal dwelling, or shall have sexual intercourse, under
scandalous circumstances, with a woman who is not his wife, or
shall cohabit with her in any other place.
a. adultery b. concubinage
355. Formerly rape was crime against chastity, now because of RA
8353, rape is now a crime against:
a. chastity still b. persons
356. It is having sex with a virgin over twelve years and under
eighteen years of age, committed by any person in public
authority, priest, home-servant, domestic, guardian, teacher, or
any person who, in any capacity, shall be entrusted with the
education or custody of the woman seduced.
a. Qualified seduction b. simple seduction

357. It is having sex with

a woman who is single or a widow of good
reputation, over twelve but under eighteen years of age,
committed by means of deceit.
a. qualified seduction b. simple seduction

358. This is committed by person who shall promote or facilitate the

prostitution or corruption of persons underage to satisfy the lust of
another.
a. corruption of minors b. child abuse

359. This is committed by any person who, in any manner, or under

any pretext, shall engage in the business or shall profit by
prostitution or shall enlist the services of any other for the
purpose of prostitution.
a. White slave trade b. prostitution and vagrancy

360. The taking of any woman or her abduction against her will and
with lewd designs.
a. Forcible abduction b. Consented abduction
361. It is the abduction or kidnapping or taking of a virgin over twelve
years and under eighteen years of age, carried out with her consent
and with lewd designs.
a. Forcible abduction b. Consented abduction

362. The crimes of adultery and concubinage shall not be prosecuted

except upon a complaint filed by which one?
a. offended spouse c. legally separated spouse
b. divorced spouse d. common law

363. Which of these can file a case of abductions, seduction and

acts of lasciviousness?

a. offended party
b. parents,
c. grandparents, or
d. guardian, nor, in any case, if the offender has been expressly
pardoned by the above named persons, as the case may be.
e. All of these

364. In cases of seduction, abduction, acts of lasciviousness and

rape, the o
the criminal action or remit the penalty already imposed upon
him. This shall also be applicable to the co-principals, accomplices
and accessories after the fact of the above- mentioned crimes.
a. pardon b. marriage c. payment of civil liability
365. Person guilty of rape, seduction or abduction, shall also be
sentenced to which of these?
a. To indemnify the offended woman.
b. To acknowledge the offspring, unless the law should prevent
him from so doing.
c. In every case to support the offspring
d. all of these
366. This takes place when the woman pretended to be pregnant
and on the date of delivery takes the child of another as her own
a. simulation of birth b. substitution of one child for another
 367. This is committed by any person who shall usurp the civil status
of another with or without intent to defraud another.
a. usurpation of civil status

368. This is committed by any legally married person who shall

contract a second or subsequent marriage before the former
marriage has been legally dissolved, or before the absent spouse
has been declared presumptively dead by means of a judgment
rendered in the proper proceedings.
a. polygamy b. monogamy c. bigamy d. annulment

369. This is committed by any person who, shall contract marriage

knowing that the requirements of the law have not been complied
with complied or that the marriage is in disregard of a legal
impediment.
a. Marriage contracted against the provision of the law.

370. How is premature marriage committed?

a.by any widow who shall marry within three hundred and one
day from the date of the death of her husband, or before
having delivered if she shall have been pregnant at the time of
his death..
b. by any woman whose marriage shall have been annulled or dissolved,
if she shall marry before her delivery or before the expiration of the
period of three hundred and one day after the legal separation.
c. all of these

371. It is a public and malicious imputation of a crime, or of a vice or

defect, real or imaginary, or any act, omission, condition, status,
or circumstance tending to cause the dishonor, discredit, or
contempt of a natural or juridical person, or to blacken the
memory of one who is dead.
a. slander b. libel

372. Under the law on libel, every defamatory imputation is presumed to

be malicious, even if it be true, if no good intention and justifiable
motive for making it is shown, except in which of these
 a. A private communication made by any person to another in the
performance of any legal, moral or social duty; and
b. A fair and true report, made in good faith, without any comments
or remarks, of any judicial, legislative or other official proceedings
which are not of confidential nature, or of any statement, report
or speech delivered in said proceedings, or of any other act
performed by public officers in the exercise of their functions.
c. all of these

373. Libel is not only limited to newspaper, it may also be committed thru?
a. writing, printing, lithography, engraving, radio, phonograph,
painting, theatrical exhibition, cinematographic exhibition, or
any similar means,

374. It is libel committed orally instead of in writing?

a. slander b. oral defamation c. both a and b d. libel

375. This is committed by any person who shall perform any act which
shall cast dishonor, discredit or contempt upon another person.
a. Slander by deed.

376. Who are liable for libel?

a. any person who shall publish, exhibit, or cause the
publication or exhibition of any defamation in writing or by
similar means.
b. The author or editor of a book or pamphlet, or the editor
or business manager of a daily newspaper, magazine or
serial publication.
377. In every criminal prosecution for libel, the truth may be given in
evidence to the court and if it appears that the matter charged as
libelous is true, and, moreover, that it was published with good
motives and for justifiable ends, the defendants shall be
acquitted. The statement is:
a. true b. false

378. Proof of the truth of an imputation of an act or omission not

constituting a crime shall not be admitted, unless the imputation
 shall have been made against Government employees with
respect to facts related to the discharge of their official duties. In
such cases if the defendant proves the truth of the imputation
made by him, he shall be acquitted. The statement is:
a. true b. false

379. Incriminatory machinations are which of these?

a. incriminating innocent persons
b. intriguing against honor
c. all of these

380. This is committed by any person who, by any act not

constituting perjury, shall directly incriminate or impute to an
innocent person the commission of a crime.
a. Incriminating innocent persons
b. Intriguing against honor
381. Committed by any person who shall make any intrigue which
has for its principal purpose to blemish the honor or reputation of
a person. It is a scheme or plot designed to blemish the reputation
of a person by some forms of trickery.
a. Incriminating innocent persons
b. Intriguing against honor
382. This consists in voluntary, but without malice, doing or falling to
do an act from which material damage results by reason of
inexcusable lack of precaution on the part of the person
performing of failing to perform such act, taking into
consideration his employment or occupation, degree of
intelligence, physical condition and other circumstances regarding
persons, time and place.
a. reckless imprudence

383. This consists in the lack of precaution displayed in those cases in

which the damage impending to be caused is not immediate nor
the danger clearly manifest.
a. simple imprudence
384. Last article of the Revised Penal Code.
a. article 367
385. The method prescribed by law for the apprehension and
prosecution of persons accused of any criminal offense, and for
their punishment, in case of conviction.

a. criminal procedure b. criminal law c. criminal evidence

386. The main bulk of Philippine Rules on Criminal Procedure are

found in Part III, from Rules 110 to 127 of the Rules of Court
which took effect on what date?

a. January 1, 1964 b. January 1, 1932 c. February 2, 1987

387. Which of these is source of criminal procedure?

a. 1987 Constitution c. E.O.

b. Laws passed by Congress such as BP 129 d. all of these

388. The systems of criminal procedure are:

a. inquisitorial system b. accusatorial/adversarial system

c. mixed system d. all of these

389. The rules of court shall be liberally construed in order to

promote their objective of securing a just, speedy, and
inexpensive disposition of every action and proceeding. This is
the:

a. liberal construction rule b. strict construction rule

390. The word “jurisdiction” is derived from two Latin words “juris” and “dico”
which means:

a. law and order b. I speak by the law

391. It is the authority to hear and determine a cause. It is the

power given by the law to a court to entertain, hear and
determine certain controversies.
a. venue b. jurisdiction
392. It is the particular country, or geographical area, in which
a court with jurisdiction may hear and determine a case. It
is the place of trial.
a. venue b. jurisdiction

393. The power of a tribunal to hear and try a particular offense

and impose punishment for it.

a. criminal jurisdiction b. civil jurisdiction

394. Requisites of criminal jurisdiction are the following except:

a. jurisdiction over the subject matter

b. jurisdiction over the territory where the crime was committed
c. jurisdiction over the person of the accused
d. jurisdiction over the nationality of the offender
395. For offenses where a preliminary investigation is required, the
institution of criminal action is made by filing the complaint with the
proper officer for the purpose of conducting the requisite preliminary
investigation. Who among the following is the proper officer
referred to in this statement?

a. city and provincial prosecutor and their assistants

b. national and regional prosecutors
c. ombudsman
d. all of the above

396. For all other offenses, meaning those where the offense is
punishable by less than 4 years 2 months and 1 day, the filing of the
complaint or information is made directly with which of the
following?

a. Municipal Trial Courts

b. Municipal Circuit Trial Courts, or
c. The complaint with the office of the prosecutor
d. All of the above

397. In Manila and other chartered cities, the complaints shall be filed with
the
 , unless their charter provides otherwise.

a. office of the prosecutor

b. office of the baranggay captaion
c. office of the President
d. office of the mayor
398. The filing of the complaint or information for preliminary
investigation or trial:
a. interrupts the running of the prescriptive period
b. does not interrupt the running of the prescriptive period

399. The law firm of the Philippine government. It represents the

government and its agencies in any matter requiring the services
of a lawyer.

a. Department of Justice
b. Supreme Court
c. Office of the Solicitor General
d. None of the above
400. In case of heavy work schedule of the public prosecutor, in the
event of lack of public prosecutors, the may be authorized in
writing by the Chief of the Prosecution office or the Regional State
Prosecutor to prosecute the case subject to the approval of the
court.
a. offended party
b. complainant
c. criminology student
d. private prosecutor

401. In Municipal Trial Courts or Municipal Circuit Trial Courts when

the prosecutor assigned thereto or to the case is not available,
who may prosecute the case?
a. The offended party
b. Any peace officer
c. Public officer charged with the enforcement of the law violated
d. Any or all of the above may
402. The authority of the offended party or peace officer to prosecute
the case authority shall cease:
a. upon actual intervention of the public prosecutor
b. upon elevation of the case to the Regional Trial Court
c. either of or both a and b
d. upon order of the President

403. The crimes of adultery and concubinage shall not be

prosecuted except upon a complaint filed by the:
a. public prosecutor
b. private prosecutor
c. offended spouse
d. any of the above
404. The offended party cannot institute criminal prosecution
without including both the guilty parties, if both are alive, nor in
any case, if the offended party has consented to the offense or
pardoned the offenders. This rule is applicable in which of the
following criminal cases?

a. adultery
b. concubinage
c. bigamy
d. both a and b
e. all of the above

405. Which among the following crimes may not be filed or

prosecuted by the public prosecutor unilaterally or without the
complaint filed by the offended party?
a. seduction
b. abduction
c. acts of lasciviousness
d. adultery
e. concubinage
f. all of the above
406. Fiscal X filed an information for homicide against Pedro. Fiscal X
later wanted to withdraw the information since Pedro filed with the
DOJ a petition for review. Fiscal X filed motion to dismiss or
 withdraw the information that he filed.

a. the motion to dismiss will be granted since the prosecutor is

in direct control of prosecution of criminal cases
b. the motion to dismiss may not be granted because once
the case had been filed in court, its dismissal is now
properly addressed to the sound discretion of the trial
court.

407. The right to intervention of the offended party in a criminal case is based
on:

a. His right to enforce the civil liability borne out of the

criminal of the accused.
b. His right to demand punishment of the accused
c. His right to have the accused electrocuted
d. His right to protect the society from evil doers

408. Petra is a victim of abduction. Here the public prosecutor:

a. may file the case by himself even without complaint of Petra
b. cannot file the case by himself without the complaint being
filed by Petra or her parents, grandparents or guardian if
she were a minor.
c.will dismiss the case
d. must refer the case to mediation

409. Petra is a victim of abduction with rape. Here the public prosecutor:
a. may file the case by himself even without Petra’s complaint
b. cannot file the case by himself without the complaint
being filed by Petra or her parents, grandparents or
guardian if she were a minor.
c. will dismiss the case
d. must refer the case to mediation

410. Denise is married to Cedric. Roxan spread gossip that Denis is

the concubine of Bong. Can the public prosecutor file the case of
libel/slander against Roxan by himself without the complaint of
Denise?
 a. yes
b. no

411. As a general rule allegation of the specific place where the crime
is committed is not required when drafting an information. The
exception however is in the crime/s of:
a. robbery in an inhabited house
b. destructive arson
c. trespass to dwelling
d. all of
412. As a generalrule, allegation of the exact time when the crime
was committed is not required when drafting an information,
except when the crime charged is:
a. infanticide
b. violations of election laws
c. violations of labor laws such as rule on double pay in declared
holidays
d. certain laws on gambling
e. all of the above

413. As a general rule, a duplicitous information is open to a motion

to quash. Which among the following is an exception to the rule
on duplicitous information and may therefore not be challenged
via a motion to quash?

a. complex crimes
b. special complex crimes
c. continuous crimes or delito continuado
d. crimes of which the other offense is but an ingredient
e. all of the above

414. A complaint or information is sufficient if it states the following EXCEPT:

 a. the name of the accused
b. the designation of the offense
c. the amount of bail required
d. acts or omissions complained of as constituting the offense
415. As a general rule, the precise and exact date and time of the
commission of the offense is required to be specifically stated in
the complaint or information.
a. true b. false

416. As a general rule, the precise and exact place of the commission
of the offense is required to be specifically stated in the complaint
or information.
a. true b. false

417. The complaint or information must state the name and

surname of the accused or any appellation or nickname by which
he has been or is known. If his name cannot be ascertained, he
must be described under a name.

a. alias b. fictitious c. assumed d. baptismal

418. The complaint or information shall state the following except:

a. designation of the offense given by the statute
b. name of the judge and fiscal handling the case
c. acts and omissions constituting the offense
d. qualifying and aggravating circumstances

419. In the complaint or information, if there is no designation of the

offense given by the statute, what should the pleader do?
a. reference shall be made to the section or subsection of the
statute punishing it
b. dismiss the case for lack of jurisdiction
c. file a motion to quash the complaint or information
d. all of the above

420. The acts or omissions complained of as constituting the offense

and the qualifying and aggravating circumstances must be stated
 in and concise language and not necessarily in the language used
in the statute.
a. ordinary b. technical c. legal d. very clear

421. The complaint or information need not be stated in the technical

or very legalistic language used by the law but it should be stated
in terms that will:
a. enable a person of common understanding to know what
offense is being charged
b. enable a person of common understanding to know
what qualifying circumstances if any are being charged
c. enable the court to pronounce proper judgment
d. all of the above

422. The complaint or information is sufficient if it can be understood

from its allegations that the offense was committed or some of its
essential ingredients occurred at some place within the jurisdiction
of the court unless:
a. the particular place where it was committed constitutes an
essential element of the offense charged
b. the particular place where it was committed is necessary for
its identification
c. both a and b
d. the it charges two or more offenses

423. It is not necessary to state in the complaint or information the

precise date the offense was committed EXCEPT:
a. when time is a material ingredient of the offense
b. when the place is material ingredient of the offense
c. when circumstances of the offender is a material ingredient of the
offense
d. when the mind set of the accused is material ingredient of the offense

424.It is not necessary to state the precise date the offense was
committed except in the crime of, which of the following?
a. rape
 b. homicide
c. complex crime of direct assault with homicide
d. infanticide

425. As a general rule is not necessary to state the precise date the
offense was committed. However the pleader must:
a. guess the remotest time of the commission of the crime
b. omit the approximate time of the commission of the crime
c. let the judge decide on the exact time of the commission of the crime
d. allege a date as near as possible to the actual date of the
commission of the crime

426. The offended party, in case his name is unknown must be described under
a:
a. assumed name b. real name c. fictitious name d. A.K.A name

427. If the name of the offended party in crimes against property is

unknown, what must the pleader do?
a. the property must be described with such particularity as
to properly identify the offense charged
b. the victim must be described with such particularity as
to properly identify the offense charged
c. the accused must be described with such particularity as
to properly identify the offense charged
d. all of the above
428. What should the pleader do if the offended party is a juridical person?
a. state its name or any of its known designation or by
which it may be identified
b. dismiss the case for lack of respondent
c. either a or b
d. cause a through investigation first and file the case later

429. As a rule, a complaint or information must charge offense.

a. one
 b. two
c. three
d. as many offenses as there appear to be committed by the accused

430. The joinder of two or more offenses in only one information is known as:
a. duplicitous information b. illegal information c. legal information

431. What is the remedy of an accused who is being charged under

a duplicitous information?
a. file a motion to dismiss
c. cry and cry until he dies
b. file a motion to quash
d. file demurrer to evidence

432. A complaint or information may be amended, in form or

substance, without leave of court, at any time before the accused
enters his plea. What is meant by “leave of court?”
a. knowledge of the court c. against the will of the judge
b. permission of the court d. vacation of the court personel

433. A complaint or information may be amended, in form or

substance, without leave of court, at any time before the accused
enters his plea. The underlined statement refers to until what stage
of the trial?
a. pre-trial c. arraignment
b. promulgation of judgment d. appeal

434. The following are correct venues of trial in the cases and
circumstances stated hereunder EXCEPT one. Which one is it?

(a) Subject to existing laws, the criminal action shall be instituted and
tried in the court of the municipality or territory where the offense
was committed or where any of its essential ingredients occurred.

(b) Where an offense is committed in a train, aircraft, or other public

or private vehicle in the course of its trip, the criminal action shall
 be instituted and tried in the court of any municipality or territory
where such train, aircraft, or other vehicle passed during its trip,
including the place of its departure and arrival.
(c) Where an offense is committed on board a vessel in the course of
its voyage, the criminal action shall be instituted and tried in the
court of the first port of entry or of any municipality or territory
where the vessel passed during such voyage, subject to the
generally accepted principles of international law.

d. Where the offense is committed by a Senator or Congressman the

case shall be filed before Congress itself so that they may be
impeached
435. What is the general rule when a criminal action has been instituted?
a. When a criminal action is instituted, the civil action for the recovery
of civil liability arising from the offense charged shall be deemed
instituted with the criminal action unless the offended party waives
the civil action, reserves the right to institute it separately or
institutes the civil action prior to the criminal action.
b. When a criminal action is instituted, the civil action for the recovery
of civil liability arising from the offense charged shall be expressly
instituted with the criminal action unless the offended party
waives the civil action, reserves the right to institute it separately
or institutes the civil action prior to the criminal action.

436: Which among the following is the exception to the rule that
When a criminal action is instituted, the civil action for the
recovery of civil liability arising from the offense charged shall be
deemed instituted with the criminal action?
a. If the offended party waives the civil action
b. If the offended reserves the right to institute it separately
c. If the offended party institutes the civil action prior to the criminal action
d. All of these

437: When is the proper time to reserve the right to institute the
separate civil action?
a. The reservation shall be made before the prosecution starts
presenting its evidence
b. The reservation shall be made under circumstances affording
 the offended party a reasonable opportunity to make such
reservation.
c. Both a and b
d. Only “a” is the right answer

438: What happens when the offended party seeks to enforce civil
liability against the accused by way of moral, nominal, temperate,
or exemplary damages without specifying the amount thereof in
the complaint or information?
a. The filing fees thereof shall constitute a first lien on the
judgment awarding such damages
439. If the amount of damages, other than actual, is specified in the complaint
or information, what must the complainant do?
a. He must the corresponding filing fees upon the filing thereof in court.
b. He may not pay the filing fees anymore

440: As a general rule no filing fees shall be required or paid by the

complainant or offended party for what kind of damages?
a. Moral
b. Exemplar
c. Nominal
d. Temperate
e. Actual
f. Liquidated

441: In a criminal case, the accused is not allowed to file this.

a. counterclaim
b. cross-claim
c. third-party
d. all of these

442. The rules say that the criminal action for violation of Batas
Pambansa Blg. 22 shall be deemed to include the corresponding civil
action. No reservation to file such civil action separately shall be
allowed. This statement is:
a. true b. false
443. Where the civil action has been filed separately from the
criminal action and trial thereof has not yet commenced, it may be
 consolidated with the criminal action upon application with the
court trying which case?
a. Court trying the civil action
b. Court trying the criminal action
444. After the criminal action has been commenced, the separate
civil action arising therefrom cannot be instituted until final
judgment has been entered in the criminal action. This statement
is:
a. true b. false
445. If the criminal action is filed after the civil action has already
been instituted, the shall be suspended in whatever stage it may
be found before judgment on the merits. The suspension shall last
until final judgment is rendered in the criminal action.
a. Civil action
b. Criminal action
446. This states that where both criminal and civil actions arising
from the same facts are filed in different courts, the civil case may
be suspended in whatever stage it may be found.

a. Doctrine of primacy of criminal actions

b. Doctrine of primacy of civil actions
447. If a civil action is filed separately from the criminal action and
before judgment on the merits is rendered in the civil action, it
may, upon motion of the offended party, be with the criminal
action in the court trying the criminal action. In case of
consolidation, the evidence already adduced in the civil action
shall be deemed automatically reproduced in the criminal action
a. Joined
b. Combined
c. Intertwined
d. Consolidated
448. Extinction of the penal action does not carry with it extinction of the civil
action. However, the civil action based on delict shall be deemed
extinguished if there is a finding in a final judgment in the criminal action
that the act or omission from which the civil liability may arise did not exist.
The statement is:
a. True b. false

449. In the cases provided for in Articles 32, 33, 34 and 2176 of the Civil
Code of the Philippines, the independent civil action may be brought
by the offended party. It shall proceed independently of the criminal
action and shall require only what kind of evidence?
 a. Proof beyond reasonable doubt evidence
450. A final judgment rendered in a civil action absolving the
defendant from civil liability is not a bar to a criminal action against
the defendant for the same act or omission subject of the civil
action. The statement:
a. True
b. false
451. It is one which arises in a case, the resolution of which is a logical
antecedent of the issue involved therein and the cognizance of
which pertains to another tribunal.
a. Judicial question
b. Prejudicial question

452. Where does the accused file a petition for suspension of the
criminal action based upon the pendency of a prejudicial question
in a civil action?
a. Office of the prosecutor
b. The court conducting the preliminary investigation
c. When the criminal action has been filed in court for trial, the
petition to suspend shall be filed in the same criminal action at any
time before the prosecution rests.
d. All of these
453. The elements of a prejudicial question are:
(a) the previously instituted civil action involves an issue similar or
intimately related to the issue raised in the subsequent criminal
action
(b) the resolution of such issue determines whether or not the
criminal action may proceed.
c. all of these

454. It is an inquiry or proceeding to determine whether there is

sufficient ground to engender a well-founded belief that a crime has
been committed and the respondent is probably guilty thereof, and
should be held for trial.
a. Inquest
b. Preliminary examination
c. Preliminary trial
d. Preliminary investigation

455. A preliminary investigation is required to be conducted before

 the filing of a complaint or information if:
a. the penalty prescribed by law for the alleged offense is at least four (4) years,
two
(2) months and one (1) day without regard to the fine.
b. the penalty prescribed by law for the alleged offense is at least four (4) years,
two
(2) months and one (1) day with regard to the fine.
c. The penalty is below 4 years 2 months and 1 day

456. Who may not conduct preliminary investigations?

(a) Provincial or City Prosecutors and their assistants;
(b) Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;
(c) National and Regional State Prosecutors; and
(d) Other officers as may be authorized by law.

457. In a preliminary investigation, the affidavits shall be subscribed

and sworn to before any prosecutor or government official
authorized to administer oath, or, in their absence or
unavailability, before a notary public. The statement is:
a. true
b. false

458. In a preliminary investigation, within days after the

filing of the complaint, the investigating officer shall either dismiss
it if he finds no ground to continue with the investigation, or issue
a subpoena to the respondent attaching to it a copy of the
complaint and its supporting affidavits and documents.
a. 10 days
b. 5 days

459. Within days from receipt of the subpoena with the complaint
and
supporting affidavits and documents, the respondent shall submit
his counter- affidavit and that of his witnesses and other
supporting documents relied upon for his defense.
a. 10 days
b. 5 days

460. If the respondent cannot be subpoenaed, or if subpoenaed,

 does not submit counter-affidavits within the ten (10) day period,
the investigating officer shall:
a. resolve the complaint based on the evidence presented by the complainant
b. dismiss the case
c. automatically file the case

461. No complaint or information may be filed or dismissed by an

investigating prosecutor without the prior written authority or
approval of the provincial or city prosecutor or chief state
prosecutor or the Ombudsman or his deputy. This statement is:
a. true
b. false

462. Where the investigating prosecutor recommends the dismissal of

the complaint but his recommendation is disapproved by the
provincial or city prosecutor or chief state prosecutor or the
Ombudsman or his deputy on the ground that a probable cause exists,
the latter may, by himself, file the information against the respondent,
or direct any other assistant prosecutor or state prosecutor to do so
without conducting another preliminary investigation. This
statement is:
a. true
b. false

463. The issuance of a warrant of arrest is not necessary in this case.

a. The accused is already under detention pursuant to warrant issued by mtc
b. When the accused is lawfully arrested without a warrant
c. The offense is punishable by a fine only
d. All of these

464. When a person is lawfully arrested without a warrant involving

an offense which requires a preliminary investigation, the
complaint or information may be filed by a prosecutor without
need of such investigation provided that this has been made
a. Preliminary investigation
b. Torture
c. Complaint filed by complainants
d. Inquest

465. If the accused was arrested without a warrant, before the

 complaint or information is filed, the person arrested may ask for a
preliminary investigation in accordance with this Rule, but he must
sign a waiver of the provision of which Article of the R e v i s e d
P e n a l C o d e as amended, in the presence of his counsel?
a. Article 124 on arbitrary detention proper
b. Article 125 on arbitrary detention by delay in the delivery of detained
persons to the proper judicial authorities.

466. After the filing of the complaint or information in court without a

preliminary investigation, the accused may, within days from
the time he learns of its filing, ask for a preliminary investigation
a. 5 days
b. 10 days

RULE 113
Arrest
467. The taking of a person into custody in order that he may be
bound to answer for the commission of an offense.
a. arrest b. search c. rape d. detention
468. An arrest is made by an actual restraint of a person to be
arrested, or by his what?
a. Submission to the custody of the person making the arrest.
b. Delivering a surrender feelers with a person in authority or agent

469. It shall be the duty of the officer executing the warrant to arrest
the accused and to deliver him to the nearest police station or jail
without unnecessary delay. The statement is:
a. True
b. False
470. The head of the office to whom the warrant of arrest was delivered
for execution shall cause the warrant to be executed within days
from its receipt. Within ten (10) days after the expiration of the
period, the officer to whom it was assigned for execution shall make
a report to the judge who issued the warrant.
a. 10 days
b. 5 days

471. Which among the following is not a valid ground to arrest

another without warrant?
(a) When, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense;
(b) When an offense has just been committed, and he has probable
cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it;
and
(c) When the person to be arrested is a prisoner who has escaped
from a penal establishment or place where he is serving final
judgment or is temporarily
(d) When the person to be arrested is acting suspiciously or there are
reliable information that the person is the criminal.

472. An arrest may be made on any weekdays and office hours only.
The statement is:
a. True
b. False

473. The officer need not have the warrant in his possession at the
time of the arrest but after the arrest, if the person arrested so
requires, the warrant shall be shown to him as soon as practicable.
The statement is:
a. True
b. False

474. When making an arrest without a warrant, the officer must:

inform the person to be arrested of his authority and the cause of
the arrest, unless
a. the accused is engaged in the commission of an offense
b. the accused is pursued immediately after its commission,
c. the accused has escaped, flees or forcibly resists before the officer
has opportunity so to inform him
d. the giving of such information will imperil the arrest
e. all of these

475. When making an arrest, a private person shall inform the person
to be arrested of the intention to arrest him and cause of the
arrest, unless:
a. the accused is engaged in the commission of an offense
b. the accused is pursued immediately after its commission
c. accused has escaped, flees, or forcibly resists before the person
 making the arrest has opportunity to so inform him
d. when the giving of such information will imperil the arrest
e. all of these

476. An officer making a lawful arrest may orally summon as many

persons as he deems necessary to assist him in effecting the arrest.
Every person so summoned by an officer shall assist him in
effecting the arrest when he can render such assistance without
detriment to himself. The statement is:
a. true
b. false

477. An officer, in order to make an arrest either by virtue of a

warrant, or without a warrant may break into any building or
enclosure where the person to be arrested is or is reasonably
believed to be if he is refused admittance thereto, after
announcing his authority and purpose. This is:
a. break open/in doctrine
b. not allowed
c. police brutality or abuse

478. Whenever an officer has entered the building or enclosure in

accordance with the preceding section, he may break out
therefrom when necessary to liberate himself.
a. Right to break out
b. Break out doctrine
c. All of these

479. If a person lawfully arrested escapes or is rescued, any person

may immediately pursue or retake him without a warrant at any
time and in any place within the Philippines. The statement is:
a. True
480. It is the security given for the release of a person in custody of
the law, furnished by him or a bondsman, to guarantee his
appearance before any court as required under the conditions
hereinafter specified.
a. bail b. recognizance c. property bond d. james bond e. robber bond
481. Which among these is a condition of bail grant?
(a) The undertaking shall be effective upon approval, and unless
cancelled, shall remain in force at all stages of the case until
promulgation of the judgment of the Regional Trial Court.
(b) The accused shall appear before the proper court whenever required
by the court of these Rules;
(c) The failure of the accused to appear at the trial without justification
and despite due notice shall be deemed a waiver of his right to be
present thereat. In such case, the trial may proceed in absentia;
and
(d) The bondsman shall surrender the accused to the court for
execution of the final judgment.
(e) All of these

482. No person under detention by legal process shall be released or

transferred except upon order of the court or when he is admitted
to bail. The statement is:
a. true
b. false

483. Before or after conviction by the Metropolitan Trial Court,

Municipal Trial Court, Municipal Trial Court in Cities, or Municipal
Circuit Trial Court, and before conviction by the Regional Trial
Court of an offense not punishable by death, reclusion perpetua,
or life imprisonment, bail is a matter of:
a. right
b. discretion

484. Upon/after the conviction by the Regional Trial Court of an

offense not punishable by death, reclusion perpetua, or life
imprisonment, admission to bail is .
a. Matter of right
b. Matter of discretion

485. Which among these is the correct statement regarding where to apply for
bail?
a. The application for bail may be filed and acted upon by the trial
court despite the filing of a notice of appeal, provided it has not
 transmitted the original record to the appellate court.
b. If the decision of the trial court convicting the accused changed the
nature of the offense from non-bailable to bailable, the application
for bail can only be filed with and resolved by the appellate court.
c. All of these

486. When is the accused denied bail?

a. If the penalty imposed by the trial court is imprisonment exceeding six (6)
years.
b. If the penalty is 6 years or less

487. The accused shall be denied bail, or his bail shall be cancelled
upon a showing by the prosecution, with notice to the accused, of
which of the following circumstances?
(a) accused is a recidivist, quasi-recidivist, or habitual delinquent, or
has committed the crime aggravated by the circumstance of
reiteration;
(b) accused has previously escaped from legal confinement, evaded
sentence, or violated the conditions of his bail without valid
justification;
(c) accused committed the offense while under probation, parole, or
conditional pardon;
(d) The circumstances of his case indicate the probability of flight if
released on bail; or
(e) That there is undue risk that he may commit another crime during
the pendency of the appeal.
(f) all of these
488. This is an offense which, under the law existing at the time of its
commission and of the application for admission to bail, may be
punished with death. penalty
b.Capital offense

489. No person charged with a capital offense, or an offense

punishable by reclusion perpetua or life imprisonment, shall be
admitted to bail when evidence of guilt is strong. The statement is:
a. Correct
b. Not correct

490. Who has the burden of proof or of showing that evidence of

 guilt is strong so that the accused may be denied bail?
a. defense b. judge c. prosecution d. complainant

491. The judge who issued the warrant may fix a reasonable amount
of bail considering which of the following factors:
(a) Financial ability of the accused to give bail;
(b) Nature and circumstances of the offense;
(c) Penalty for the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused;
(f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
(i) The fact that accused was a fugitive from justice when arrested; and
(j) Pendency of other cases where the accused is on bail.
(k) all of these
492. It is an undertaking constituted as lien on the real property given
as security for the amount of the bail.
a. rubber bond b. james bond c. mighty bond d. property bond

493. The payment of bail shall be made to:

a. nearest collector or internal revenue
b. provincial, city, or municipal treasurer
c. judge
d. all of these except “c”

494. When a person has been in custody for a period equal to or

more than the possible maximum imprisonment prescribe for the
offense charged, he shall be

a. released immediately
b. sentenced to death

495. If the maximum penalty to which the accused may be sentenced

is he shall be released after thirty (30) days of preventive
imprisonment.
a. arresto menor
b. destierro
496. A person in custody for a period equal to or more than the
minimum of the principal penalty prescribed for the offense
charged, without application of the Indeterminate Sentence Law
or any modifying circumstance, shall be released on a reduced
bail or on .
a. Recognizance
b. Parole
c. Probation
d. All of these

497. Bail may be filed with the court where the case is pending, or in
the absence or unavailability of the judge thereof, with any
regional trial judge, metropolitan trial judge, municipal trial judge,
or municipal circuit trial judge in the province, city, or municipality.
If the accused is arrested in a province, city, or municipality other
than where the case is pending, bail may also be filed with any
regional trial court of said place, or if no judge thereof is available,
with any metropolitan trial judge, municipal trial judge, or
municipal circuit trial judge therein. The statement is:
a. True
b. False

498. An act institutionalizing recognizance as a mode of granting the

release of an indigent person in custody as an accused in a criminal
case and for other purposes "recognizance act of 2012″.
a. RA 10389

499. It is a mode of securing the release of any person in custody or

detention for the commission of an offense who is unable to post
bail due to abject poverty. The court where the case of such person
has been filed shall allow the release of the accused, to the custody
of a qualified member of the barangay, city or municipality where
the accused resides.
a. Guarantee
b. Recognizance
c. Palabra de Honor

500. An indigent person shall be refused to be released on recognizance

if which of these is proven?
(a) The accused bad made untruthful statements in his/her sworn
affidavit under RA 10389
(b) He is a recidivist, quasi-recidivist, habitual delinquent, or has
committed a crime aggravated by the circumstance of reiteration;
(c) He had been found to have previously escaped from legal
confinement, evaded sentence or has violated the conditions of bail or
release on recognizance without valid justification;
(d) He had previously committed a crime while on probation, parole or
under conditional pardon;
(e) The personal circumstances of the accused or nature of the facts
surrounding his/her case indicate the probability of flight if released
on recognizance;
(f) There is a great risk that the accused may commit another
crime during the pendency of the case; and
(g) The accused has a pending criminal case which has the same or
higher penalty to the new crime he/she is being accused of.
(i) all of these)

501. Which of these is qualification of the custodian of the person

released on recognizance?
(a) A person of good repute and probity;
(b) A resident of the barangay where the applicant resides;
(c) Must not be a relative of the applicant within the fourth degree of
consanguinity or affinity; and
(d) Must belong to any of the following sectors and institutions:
church, academe, social welfare, health sector, cause-oriented
groups, charitable organizations or organizations engaged in the
rehabilitation of offenders duly accredited by the local social
welfare and development officer
(e) All of these

502. This penalty shall be imposed upon the custodian who failed to
deliver or produce the accused who was released on recognizance
before the court, upon due notice, without justifiable reason.
a. 6 months to 2 years imprisonment
b. Death Penalty

503. The bond of the accused shall be forfeited when:

a. He fails to appear in person as required
b. He commits another crime
504. When is bail be cancelled?
a. upon surrender of the accused
b. proof of his death.
c. acquittal of the accused
d. dismissal of the case
e. execution of the judgment of conviction
f. all of these

505. An accused released on bail may be re-arrested without the

necessity of a warrant if he attempts to depart from the Philippines
without permission of the court where the case is pending. The
statement is:
a. true
b. false

506. No bail shall be allowed after the judgment of conviction has

become final. If before such finality, the accused has applies for
probation, he may be allowed temporary liberty under his bail.
When no bail was filed or the accused isincapable of filing one, the
court may allow his release on recognizance to the custody of a
responsible member of the community. In no case shall bail be
allowed after the accused has commenced to serve sentence. The
statement is:
a. true

507. An application for or admission to bail shall not bar the accused
from challenging the validity of his arrest or the legality of the warrant
issued therefor, or from assailing the regularity or questioning the
absence of a preliminary investigation of the charge against him,
provided that he raises them before this time.
a. After entering his plea
b. Before entering his plea
c. During appeal
d. Anytime before judgment becomes final

508. Upon motion, the accused may be allowed to defend himself in

person if:
a. it sufficiently appears to the court that he can properly protect his
right without the assistance of counsel.
b. The accused is found by the court to be of extraordinary high intellect

509. The accused has the right to testify as a witness in his own
behalf but subject to cross examinations. His silence shall not in
any manner prejudice him.
a. true
b. false

510. To be exempt from being compelled to be a witness against

himself, is the right of the accused against:
a. false prosecution
b. self incrimination

511. This right was established on the grounds of public policy and
humanity — of policy, because if the party were required to testify, it
would place the witness under the strongest temptation to commit
the crime of perjury, and of humanity, because it would prevent the
extorting of confessions by duress."

a. Right to lawyer
b. Right against self incrimination

512. He is a lawyer appointed by the court, from among such

members of the bar in good standing who by reason of their
experience and ability may adequately defend the accused in a
criminal case.
a. Counsel de parte
b. Counsel de officio

513. It is one free from vexatious, capricious and oppressive delays. Its
salutary objective being to assure that an innocent person may be
freed from the anxiety and expense of a court litigation. It is one
that can be had as soon as possible after a person is indicted, and
within such time as the prosecution may with reasonable diligence
could prepare for it.

a. Right to speedy trial

b. Right to appeal
514. This shall be made in open court by the judge or clerk by
furnishing the accused with a copy of the complaint or information,
reading the same in the language or dialect known to him, and
asking him whether he pleads guilty or not guilty
a. arraignment
b. trial
c. judgment

515. The accused must be present at the arraignment and must enter
his plea.
a. personally
b. impersonally

516. When the accused refuses to plead or makes a conditional plea, a

plea of shal
a. guilty
b. not guilty

517. When the accused pleads guilty but presents exculpatory evidence,
his plea shall be deemed withdrawn and a plea of shall be entered
for him.
a. guilty
b. not guilty

518. The private offended party is also required to appear at the

arraignment for purposes of
a. plea bargaining
b. determination of civil liability
c. other matters requiring his presence.
d. All of these

519. In case of failure of the offended party to appear at arraignment or pre

trial:
a. the court may allow the accused to enter a plea of guilty to a lesser
offense which is necessarily included in the offense charged with
the conformity of the trial prosecutor alone.
b. The court may issue a bench warrant against the offended party or
cite him in contempt
520. At arraignment, the accused, with the consent of the offended
party and the prosecutor, may be allowed by the trial court to
plead guilty to a lesser offense which is necessarily included in the
offense charged. After arraignment but before trial, the accused
may still be allowed to plead guilty to said lesser offense after
withdrawing his plea of not guilty. No amendment of the complaint
or information is necessary. This is known as:
a. Stifling of criminal case
b. Compromise
c. Plea bargaining
521. The process whereby the accused and the prosecutor in a
criminal case work out a mutually satisfactory disposition of the
case subject to court approval. It usually involves the defendant’s
pleading guilty to a lesser offense or to only one or some of the
counts of a multi count indictment in return for a lighter sentence
than for the grave charge.
a. Plea bargaining
b. Plea of guilty

522. When the accused pleads guilty to a capital offense, what should the court
do?
a. the court shall conduct a searching inquiry into the voluntariness
and full comprehension of the consequences of his plea
b. require the prosecution to prove his guilt and the precise degree of
culpability.
c. All of these

523. When the accused pleads guilty to a non-capital offense, the court may
a. receive evidence from the parties to determine the penalty to be imposed.
b. Sentence the accused to death

524. At any time before the judgment of conviction becomes final, the
court may permit an improvident plea of guilty to be withdrawn and
be substituted by a plea of not guilty. What is an improvident plea?
a. Plea made without proper advice or recklessly entered by the accused
without comprehending its seriousness and consequences.
b. Plea that is subject to the condition that certain penalty be imposed.
525. Before arraignment, the court shall inform the accused of his right to
counsel and ask him if he desires to have one. Unless the accused is
allowed to defend himself in person or has employed a counsel of his
choice, the court must assign him a

a. Counsel de officio
b. Counsel de parte

526. In localities where such members of the bar are not available, the
court may appoint any person, resident of the province and of good
repute for probity and ability, to defend the accused. The statement
is:
a. True
b. False

527. A counsel de officio shall be given to consult with the accused

as to
his plea before proceeding with the arraignment.
a. Reasonable time
b. 1 hour

528. The accused may, before arraignment, move or file a to enable him
properly to plead and to prepare for trial. The motion shall specify the
alleged defects of the complaint or information and the details
desired.
a. Motion to quash
b. Bill of particulars

529. It is a statement which makes a pleading more certain by

furnishing additional information respecting the cause of action or
defense.
a. Bill of particulars
b. Motion to quash

530. Grounds to suspend the arraignment is which of these?

(a) The accused appears to be suffering from an unsound mental
condition which effective renders him unable to fully understand
the charge against him and to plead intelligently thereto. In such
case, the court shall order his mental examination and, if
necessary, his confinement for such purpose;
(b) There exists a prejudicial question; and
(c) A petition for review of the resolution of the prosecutor is pending
at either the Department of Justice, or the Office of the President;
provided, that the period of suspension shall not exceed sixty (60)
days counted from the filing of the petition with the reviewing
office.
(d) all of these

531. It is a special pleading filed by the defendant before entering his

plea, which hypothetically admits the truth of the facts spelled out
in the complaint or information but at the same time it sets up a
matter which if duly proved, would preclude further proceedings.

a. Motion to quash
b. Demurrer to evidence

532. When may the accused file a motion to quash?

a. at any time before entering his plea
b. after entering his plea

533. Which of these is a ground for motion to quash?

(a) That the facts charged do not constitute an offense;
(b) That the court trying the case has no jurisdiction over the offense charged;
(c) That the court trying the case has no jurisdiction over the person of the
accused;
(d) That the officer who filed the information had no authority to do so;
(e) That it does not conform substantially to the prescribed form;
(f) That more than one offense is charged except when a single
punishment for various offenses is prescribed by law;
(g) That the criminal action or liability has been extinguished;
(h) That it contains averments which, if true, would constitute a legal
excuse or justification; and
(i) That the accused has been previously convicted or acquitted of the
offense charged, or the case against him was dismissed or otherwise
terminated without his express consent.
(k) all of these

534. If the motion to quash is based on an alleged defect of the

complaint or information which can be cured by amendment, the
court shall order that an amendment be made. The statement is:
a. true
b. false

535. If the motion to quash is sustained, the court may order that
another complaint or information be filed. The statement is:
a. true
b. false

536. An order sustaining the motion to quash is not a bar to another

prosecution for the same offense unless the motion was based on
the grounds:
a. criminal action or liability is extinguished
b. double jeopardy
c. all of the above

537. When an accused files a M2Q, he must include all the grounds
available in support of his motion. His failure to allege them all in
the motion will mean their waver. They could not be raised
anymore specially on appeal. This is the:
a. omnibus motion rule
b. double jeopardy rule
538. Exceptions to the omnibus motion rule. They can be filed even
if not raised before arraignment.
a. Facts charge do not constitute an offense
b. Court trying the case has no jurisdiction
c. Criminal offense or liability is extinguished
d. Double jeopardy
e. Duplicitous information
f. All of these except “e”
539. When an accused has been convicted or acquitted, or the case
against him dismissed or otherwise terminated without his express
consent by a court of competent jurisdiction, upon a valid
complaint or information or other formal charge sufficient in form
and substance to sustain a conviction and after the accused had
pleaded to the charge, the conviction or acquittal of the accused or
the dismissal of the case shall be a bar to another prosecution for
the offense charged, or for any attempt to commit the same or
frustration thereof, or for any offense which necessarily includes or
is necessarily included in the offense charged in the former
complaint or information. This is known as:
 a. double jeopardy
b. ex post facto law

540. It is a dismissal of a criminal case without prejudice to refilling

the same case in the future.
a. Provisional dismissal
b. Temporary dismissal

541. A case shall not be provisionally dismissed except with the

express consent of the accused and with notice to the offended
party. The statement is:
a. True
b. False

542. The provisional dismissal of offenses punishable by imprisonment

not exceeding six (6) years or a fine of any amount, or both, shall
become permanent after
a. one (1) year after issuance of the order without the case having been revived
b. 2 years

543. With respect to offenses punishable by imprisonment of more than

six (6) years, the provisional dismissal shall become permanent 3
years after issuance of the order without the case having been
revived. The statement is
a. True
b. False

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?
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?
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
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;
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
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
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
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
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;
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