CRIMINOLOGISTS Licensure Examination

First Day - 8:00 a.m. – 11:30 a.m.

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CRIMINAL JURISPRUDENCE AND PROCEDURE SET A

INSTRUCTION: Select the correct answer for each of the following

questions. Mark only one answer for each item by marking 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. The systematic aggregate of notions relative to crimes,

criminals, penalties and other means of social defense
against criminality is known as:
A. criminal sociology
B. criminal responsibility
C. criminal law
D. criminology

2. The following areas are included in the field of

criminology:

I. criminal law II. politics

III. criminal psychology IV. criminal sociology

A. I, II and III
B. I, II and IV
C. II, III and IV
D. I, III and IV

3. The application of scientific method in the detection of

crime and the criminal is known as:

I. criminal sociology II. forensic medicine

III. police science IV. forensic chemistry

A. I, II, III
B. I, III, IV
C. III
D. IV

4. Acts of the Philippine Congress may be the source of

criminal law. This statement is:
A. wholly true
B. wholly false
C. partly true
D. partly false

5. An accused who is a habitual delinquent may enjoy the

retroactive effect of a penal law if it is favorable to him.
This statement is:
A. wholly true
B. wholly false
C. partly true

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 D. partly false

6. The Revised Penal Code applies to crimes committed by

Japanese nationals who are on a stop-over at the Cebu-Mactan
International Airport. This statement is:
A. wholly true
B. wholly false
C. partly true
D. partly false

7. An act or omission which is the result of a misapprehension

of facts that is voluntary but not intentional is called:
A. aberratio ictus
B. praeter intentionem
C. error in personae
D. mistake of fact

8. A single crime consisting of a series of acts arising from

one criminal resolution is known as a _______________ crime.
A. derivative
B. formal
C. continuing
D. index

9. In attempted felony, the offender never passes the

___________ phase of the offense:
A. objective
B. subjective
C. derivative
D. Alternative

10. The following are elements of a frustrated felony EXCEPT:

A. the offender performs all the acts of execution;
B. all the acts performed would produce the felony as a
consequence;
C. the felony is produced;
D. by reason of causes independent of the will of the
perpetrator.

11. When all the elements required for the execution and
accomplishment of a felony is present, it is said to be:
A. attempted
B. frustrated
C. consummated
D. Aggravated

12. When the wrongful act results from lack of foresight or

skill, there exists what is called _________ felonies.
A. intentional
B. culpable
C. deliberate
D. plausible

13. When entrance is effected by a way not intended for the

purpose, there exists what is called __________ entry.
A. illegal
B. unlawful
C. malicious

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 D. Prohibited

14. The acts of four persons in mauling an individual and after

which one of them stabbed him can be said to be aggravated
by:
A. employing means to weaken the defense.
B. taking advantage of superior strength.
C. treachery.
D. adding ignominy to the natural effects of the acts.

15. Felonies to which the law attaches the capital punishment

are called ______ felonies.
A. grave
B. less grave
C. light
D. Slight

16. When an act is performed with the deliberate intention of

committing a wrong, _______ is present.
A. deceit
B. pretense
C. fraud
D. Disguise

17. The extra-territorial application of the Revised Penal Code

applies to those who should:

I. forge any currency note of the Philippines.

II. public officers who commit an offense in the
exercise of their functions.
III. commit any crime against security.
IV. introduce counterfeit currency note into the
Philippines.

A. I, II, III
B. I, II, IV
C. II, III, IV
D. I, III, IV

18. The following are circumstances that modify criminal

liability EXCEPT:
A. justifying
B. exempting
C. aggravating
D. alternating

19. When a person is placed in confinement or there is restraint

on his person, there is what is called ________________.
A. arbitrary detention
B. illegal detention
C. detention
D. kidnapping

20. The following are the acts punishable in the crime of

delaying release, EXCEPT:
A. delaying the performance of a judicial or executive
order for the release of a prisoner

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 B. unduly delaying the service of the notice of such order
to said prisoner
C. unduly delaying the presentation of evidence against
the prisoner
D. unduly delaying the proceedings upon any petition for
the liberation of such person.

21. The following are crimes known as violation of domicile:

I. By entering the dwelling against the will of the

owner
II. Making search without previous consent of the owner
III. Procuring a search warrant without just cause
IV. Procuring a search warrant with just cause
V. Searching domicile without witnesses

A. I, II, III, IV
B. I, II, IV, V
C. I, II, III, V
D. II, III, IV, V

22. The following are elements of the crime of abuse in the

service of legally obtained search warrants, except:
A. the offender is a public officer or employee
B. he has legally procured a search warrant
C. he exceeded his authority in executing the search
warrant
D. he conducted the search without witnesses

23. The following are elements of the crime of grave coercion

EXCEPT:
A. It is committed by any person
B. He prevents another by means of violence from doing
something prohibited by law
C. He prevents another by means of violence from doing
something not prohibited by law
D. He compelled another by means of violence to do
something against his will, whether it be right or
wrong

24. A person who by means of violence shall seize anything

belonging to his debtor for the purpose of applying the same
to the payment of debt shall be liable for:
A. grave coercion
B. unjust vexation
C. light coercion
D. other coercion

25. One of the following is not an element of forcible abduction

and that is:
A. the person abducted is a woman, regardless of her age,
civil status or reputation
B. the person abducted is a virgin
C. the abduction is against her will
D. the abduction is with lewd designs

26. One of the following is NOT an element of estafa by

eliminating, cover-up or demolishing documents:

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 A. there be court record, office files, documents or any
other papers
B. that the offender removed, concealed or destroyed any
of them
C. the removal, concealment or destruction is attended by
deceit
D. the offender had intent to defraud another

27. The following are the elements of death or physical injuries

inflicted under exceptional circumstances:

I. a legally married person caught his spouse in the

act of committing sexual intercourse with another
person
II. a legally married person surprises his spouse
immediately after committing sexual intercourse with
another person
III. he or she kills any or both of them or inflicts upon
any or both of them physical injuries in the act or
immediately thereafter
IV. he or she kills any or both of them or inflicts upon
any or both of them serious physical injuries in the
act or immediately thereafter

A. I , II and III
B. I, II and IV
C. II, III and IV
D. I, III and IV

28. Mr. Maytama killed 18-year old Mr. Anak, not knowing that he
is his son. For what crime is Mr. Maytama liable?
A. homicide
B. parricide
C. infanticide
D. Murder

29. Mr. Tatay killed Baby Musmos, a child three days of age, not
knowing that he is his son. For what crime is Mr. Tatay
liable?
A. homicide
B. parricide
C. infanticide
D. murder

30. Promise of some future harm or injury, either to the person,

honor or property of the offended party or of his family is
known in the crime of Threats as:
A. blackmail
B. compulsion
C. intimidation
D. Violence

31. The following are special cases of malicious mischief except

one:
A. causing damage to obstruct the performance of private
functions
B. using poisonous or corrosive substance
C. spreading any infection or contagion among cattle

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 D. causing damage to any other thing used in common by the
public

32. Acts of lasciviousness with the consent of the offended

party may be committed against a male person. This
statement is:
A. wholly true
B. wholly false
C. partly true
D. partly false

33. The following are elements of indirect assault EXCEPT one:

A. that direct assault is committed against a person in

authority
B. that direct assault is committed against an agent of a
person in authority
C. the offended party comes to the aid of the agent of a
person in authority
D. the offender uses force or intimidation upon the said
offended party

34. A deed or instrument executed by a person by which some

disposition or agreement is proved, evidenced or set forth
is called:
A. handwriting
B. agreement
C. document
D. instrument

35. Personnel of the Post Office who steals the contents of a

registered mail is liable for:
A. theft
B. qualified theft
C. malicious mischief
D. destruction of document

36. Personnel of the Post Office who destroys a foreign mail and
steals its contents is liable for:
A. theft
B. malicious mischief
C. qualified theft
D. destruction of document

37. A person who aids or protects highway robbers or abets the

commission of highway robbery or brigandage is considered
under the law as:
A. an accomplice
B. an accessory
C. a principal by direct participation
D. principal by indispensable cooperation

38. Republic Act 6539 is otherwise known as:

A. The Anti-Rape Law of 1997
B. The Death Penalty Law
C. The Anti-Hazing Law
D. The Anti-Carnapping Act

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39. The number of perpetrators needed before the crime may be
considered as brigandage is at least ______________ armed
persons.
A. three
B. two
C. four
D. Five

40. Obstruction of justice law is otherwise known as

Presidential Decree:
A. 1508
B. 1602
C. 1828
D. 1829

41. Possession of stolen property is ____________ evidence of

fencing.
A. conclusive
B. prima facie
C. direct
D. indirect

42. The Bouncing Check Law is covered by the rules on:

A. summary procedure
B. regular procedure
C. pre-trial
D. preliminary investigation

43. The Law on Katarungang Pambarangay which had been

incorporated in the Local Government Code of 1991 was
previously known as Presidential Decree:
A. 1612
B. 1508
C. 1602
D. 825

44. Republic Act 7080 is otherwise known as:

A. Local Government Code of 1991
B. Act defining the Crime of Carnapping
C. Act defining and penalizing the crime of Plunder
D. Act defining and penalizing Cockfighting

45. Republic Act 9165, the Comprehensive Dangerous Drugs Law, is

otherwise previously known as Republic Act:
A. 6975
B. 7877
C. 6425
D. 6968

46. The following are acts constituting falsification EXCEPT:

A. counterfeiting or imitating any handwriting, signature
or rubric
B. altering true dates
C. attributing to persons who have participated in an act
or proceeding statements other than those made by them
D. counterfeiting or imitating the signature of the Chief
Executive

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47. In illegal exaction, mere demand by the accountable public
officer for the taxpayer to pay a sum different from or
larger than those authorized by law is sufficient to
consummate the crime. This statement is:
A. wholly true
B. wholly false
C. partly true
D. partly false

48. For a person to be convicted of treason, at least _______

witnesses must testify on the same overt act:
A. one
B. two
C. three
D. Four

49. Under Republic Act 7659, the illegal detention is serious if

the following circumstances are present:

I. if detention have lasted more than five days

II. if it shall have been committed simulating public
authority
III. if any serious physical injuries shall have been
inflicted upon the person kidnapped or detained
IV. if the kidnapping have lasted more than three
days

A. II, III, IV
B. I, II, III,
C. I, II, III, IV
D. I, III, IV

50. The following are crimes against national security and the
law of nations EXCEPT one:
A. treason
B. rebellion
C. violation of neutrality
D. Espionage

51. One of the following is NOT a crime against national

security and that is:
A. treason
B. flight to enemy’s country
C. misprision of treason
D. espionage

52. The following are felonies against property EXCEPT:

A. culpable insolvency
B. usurpation
C. malversation
D. brigandage

53. Boy Inis was angry with his father Mang Mahigpit because the
latter had beaten him one time that he came home drunk. One
night, he waited for Mang Mahigpit in an unlighted street
and when he saw a person coming, treacherously stabbed said
person causing his death. It turned out that the person was
not Mang Mahigpit but Mr. Pakalatkalat, their neighbor.

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 Boy Inis is liable for:

A. the death of Mr. Pakalatkalat.

B. homicide.
C. murder.
D. the damage caused to the family of Mr. Pakalatkalat.

54. One of the following statements is correct: Boy Inis is

_____________________.
A. not liable for the death of Mr. Istambay.
B. liable for homicide.
C. liable for murder.
D. not liable for the damage caused to the family of Mr.
Istambay.

55. If the person stabbed by Boy Inis is not Mr. Pakalatkalat

but Mang Mahigpit, one of the following statements is
correct: Boy Inis is:
A. liable for murder.
B. liable for parricide.
C. liable for homicide.
D. not liable of any crime.

56. The mistake committed by Boy Inis in this case refers to:
A. mistake of blow
B. praeter intentionem
C. error in personae
D. mistake of fact

57. The law amending the jurisdiction of the Sandiganbayan is

known as Republic Act:
A. 8249
B. 7691
C. 8049
D. 8294

58. The law Expanding the jurisdiction of the Municipal Circuit

Trial Courts is Republic Act:
A. 7691
B. 7659
C. 6975
D. 7610

59. If the investigating prosecutor finds cause to hold

respondent for trial, he shall prepare the resolution and
information certifying that:

I. he has examined the complainant;

II. there is reasonable ground to believe that a crime
has been committed;
III. the accused is probably guilty of the crime
IV. accused was not informed of the complaint against
him

A. I, II, III
B. I, II, III, IV
C. I, II, IV

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 D. I, III, IV

60. If respondent is subpoenaed for preliminary investigation

and does not submit counter-affidavit, the investigating
prosecutor shall resolve the complaint based on the
___________ submitted by the complainant.
A. documents
B. evidence
C. papers
D. Matters

61. The private offended party shall be required to appear at

the arraignment for the following purposes EXCEPT:
A. plea bargaining.
B. hearing the decision.
C. determination of civil liability.
D. other matters requiring his presence.

62. When the accused pleads guilty to a capital offense, the

court shall conduct a searching inquiry into the
____________ of the consequences of his plea.
A. magnitude
B. voluntariness
C. knowledge
D. awareness

63. At arraignment, the accused may be allowed by the court to

plead guilty to a lesser offense which is necessarily
included in the offense charged with the consent of the
__________ and the prosecutor.
A. judge
B. offended party
C. private prosecutor
D. accused’s counsel

64. An order sustaining a motion to quash shall not be a bar to

another prosecution for the same offense when based on the
following grounds:

I. more than one offense is charged

II. the officer who filed the information has no
authority to do so
III. the criminal action has been extinguished
IV. the information does not conform to the prescribed
form

A. 1. I, II, III, IV
B. 3. I, II, III
C. 2. I, II, IV
D. 4. I, III, IV

65. On the hearing of an application for admission to bail, the

prosecution has the __________ of showing that the evidence
of guilt is strong.
A. duty
B. burden
C. proof
D. obligation

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66. Bail shall not be required when a person is in custody for a
period equal to or more than his possible __________
imprisonment for the offense charged.
A. minimum
B. medium
C. maximum
D. minimum and medium

67. If bail posted is by surety and the accused failed to appear

at the trial, the bondsmen are given ______ days within
which to produce their principal.
A. 15
B. 30
C. 20
D. 10

68. The sureties may arrest the accused for the purpose of
___________ him.
A. arresting
B. surrendering
C. castigating
D. Investigating

69. In capital offenses, the presence of the accused is

___________ from arraignment to the promulgation of
judgment.
A. indispensable
B. needed
C. required
D. Necessary

70. When the charge against the accused is read in open court
and he was asked of his pleas, _____________ has taken
place.
A. arraignment
B. promulgation
C. Trial
D. Judgment

71. If the private offended party failed to appear at

arraignment despite due notice, the court may allow the
accused to plead guilty to a lesser offense with the
__________ of the trial prosecutor alone.
A. approval
B. conformity
C. authority
D. Waiver

72. If the accused remains silent or refuses to plead at

arraignment, a plea of __________ shall be entered for him.
A. guilty
B. not guilty
C. conditionally guilty
D. improvident plea of guilty

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73. The offended party cannot intervene in the prosecution of a
criminal action in the following instances, EXCEPT when he
has _______________ civil action.
A. not waived the
B. filed a separate
C. waived the
D. reserved the right to file a separate

74. If the accused dies before arraignment, the criminal case

against him shall be:
A. extinguished.
B. dismissed.
C. suspended.
D. terminated.

75. The criminal action for Violation of ______ shall be deemed

to include the corresponding civil action.
A. B.P. 22
B. PD 1612
C. RA 7610
D. RA 9165

76. A complaint must charge only one offense, except when the
law prescribes a single __________ for various offenses.
A. punishment
B. criminal resolution
C. action
D. act

77. A demurrer to evidence may be filed by the accused ______

the __________ rests its case.
A. after, prosecution
B. after, defense
C. before, prosecution
D. before, defense

78. When the demurrer to evidence is filed without leave of

court, the accused ___________ the right to present
evidence.
A. waives
B. has
C. enjoys
D. Starts

79. The authority of the court to hear and decide a case is

known as:
A. jurisdiction
B. venue
C. judicial notice
D. Trial

80. Restraint of liberty of a person so that he may be made to

answer for the perpetration of an offense is called:
A. detention
B. custody
C. arrest
D. Restraint

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81. What will enable a person to be released from custody with
the condition that he will appear before the court?
A. parole
B. bail
C. probation
D. Surety

82. The disposition of the court regarding the culpability of

the accused in the case including the penalty to be imposed
is known as:
A. penalty
B. adjudication.
C. judgment.
D. sanction.

83. The manner by which a person accused of a criminal offense

may be apprehended and prosecuted and the imposition of
sanction in the event he is found guilty is known as
criminal ______________.
A. law
B. procedure
C. liability
D. investigation

84. The following are rights and obligations of a witness

EXCEPT:
A. to answer questions
B. to be protected from irrelevant questions
C. to be examined on matters not related to the issue
D. to be protected from insulting questions

85. A witness testifying on matter which he learned from other

persons is said to be introducing _____________ evidence.
A. direct
B. circumstantial
C. hearsay
D. corroborative

86. The testimony of Mr. Nakakita that he saw Mr. Ulos stabbed
Mr. T. Nga is a kind of _______________evidence.
A. sight
B. indirect
C. conclusive
D. direct

87. The testimony of Mr. Sisilipsilip that he saw Mr. Siga at

the scene of arson but did not see him set fire on the
building is ___________ evidence.
A. positive
B. negative
C. testimonial
D. oral

88. The testimony of Mr. Linga that he saw Mr. Karipas running
away bloodied from the scene where Mr. Walangmalisya was
found dead with a stab wound and that Mr. Karipas had a
kitchen knife in his hand is _________ evidence.
A. direct

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 B. testimonial
C. indirect
D. hearsay

89. The testimony of a witness may be discredited by any of the

following EXCEPT:
A. by corroborative evidence
B. by contradictory evidence
C. by evidence that his general reputation for truth is
bad
D. by evidence that he made previous statement
inconsistent with his present testimony

90. Leading questions are allowed in the following instances

EXCEPT:
A. on cross-examination
B. of an unwilling witness
C. on direct examination
D. of a feeble witness

91. Mr. Bulong is a neighborhood toughie and also an informer

of the police. Knowing Mr. Tulak to be a drug pusher, he
informed PO1 Alat about it and the latter posed as a buyer. He
was able to convince Mr. Tulak to sell him shabu worth
P1000.00. Mr. Tulak delivered the shabu and he was
apprehended by PO1 Alat and the lawmen with marked money. Mr.
Tulak was subsequently charged.

92. The manner by which PO1 Alat was able to apprehend Mr. Tulak
is by:
A. entrapment
B. instigation
C. persuasion
D. coercion

93. To enable the lawmen to apprehend Mr. Tulak, they engaged in

what is called _____________ operation.
A. drug bust
B. buy bust
C. poseur buyer
D. dealer

94. If found guilty, Mr. Tulak may be held liable for Violation
of Republic Act:
A. 6425
B. 9615
C. 9165
D. 6294

95. The penalty of the offender in drug cases depends on the:

A. consideration paid by the poseur buyer.
B. amount of drugs recovered from him.
C. time needed to apprehend him.
D. amount of money used in the operation.

96. The following persons incur no criminal liability in certain

crimes against property EXCEPT:

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 A. husband and wife
B. widowed spouse
C. those of unsound mind
D. brothers and sisters

97. These crimes exempt certain persons from criminal liability

EXCEPT:
A. theft
B. estafa
C. malicious mischief
D. robbery

98. Any public official who shall agree to perform against the
performance of his duties and commit an offense by way of
receiving gifts for consideration of somebody’s request
contrary to the interest of the public. Which of the following
is the best and correct answer?

A. Betrayal of Public Trust

B. Mal Feasance and Misfeasance
C. Corruption of Public Official
D. Violation of Ethical Standard of Government official
and employee

99. It is a summary investigation process in the prosecution for

filing of information in court against an offender usually
caught in the act and apprehended by the Police within the
prescription period of custody for immediate issuance of the
warrant of arrest.

A. Preliminary Investigation
B. Inquest Investigation
C. Arraignment
D. Probable Cause

100. The credibility of criminal complaints filed against the

respondent at the prosecutor’s office shall primary establish
the;
A. Preliminary Investigation
B. Inquest Investigation
C. Arraignment
D. Probable Cause

* * * Nothing Follows * * *

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R.A. 3815 the Revised Penal Code
Dolo
culpa
Mala in se
Mala prohibita
Consummated crimes
Frustrated crimes
Attempted crimes
Justifying circumstances
Aggravating circumstances
Mitigating circumstances
Alternative circumstances
Principal
accomplice
Accessories
Application of Penalties;
Reclusion Perpetua
Reclusion temporal
Prision Mayor
Prision correctional

Inflagrante Delicto
Custodial Investigation

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