CRIMINAL LAW

BOOK II FINAL EXAM

IN YELOW PAD SHEET OF PAPER WRITE YOUR FULNAME YEAR AND SECTION

DEADLINE OF SUBMISSION AT 12MIDNIGHT

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 
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BOOK II FINAL EXAM

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
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BOOK II FINAL EXAM

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
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BOOK II FINAL EXAM

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 
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BOOK II FINAL EXAM

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 
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BOOK II FINAL EXAM

30. Any person under investigation shall have the right to___
a. remain silent c. be informed of these rights
b. have independent counsel d. all of these

31. Anti Sexual Harassment Law is:

a. RA 7610
b. RA 9346
c. RA 7877
d. RA 7160

32. It is a disposition under which a defendant after conviction is released, subject to conditions made by the
court and supervision of a probation officer.
a. parole
b. pardon
c. probation
d. amnesty

33. A warrant may only be issued upon probable cause. How is probable cause determined?
a. it is determined personally by the judge
b. after examination under oath or affirmation
c. of the complainant and the witnesses he may produce
d. particular description of the person or place
e. all of the above

34. Which of the following best describes the classical theory?

a. there are born criminals and these can be shown by certain stigmata’s
b. criminal behavior is learned in the interaction with others
c. basis of criminal liability is free will and purpose of penalty is retribution
d. criminals may be classified into ectomorph, mesomorph and endomorph body types.
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BOOK II FINAL EXAM

35. X was convicted of crime with less than 6 years imprisonment. X will be denied probation if:
a. he is convicted of any crime against national security or public order
b. he has been once under probation
c. he was previously convicted of offense punished by not less than one month and one day imprisonment
d. all of the above

36. What is involved when a criminal is made incapacitated to commit a crime in the future?
a. incapacitation
b. mutilation
c. retribution
d. imprisonment

37. The theory in criminology that the stress is more on the effects on the felonious acts of the criminal rather
than upon the criminal himself.
a. positivist
b. classical
c. neo classical
d. hedonism

38. If you violate your probation conditions what will the court do?
a. the judge will cry
b. the prosecutor will sing
c. the judge will revoke the probation
d. the judge will extend the probation

39. Parole, pardon, commutation, reprieve are examples of:

a. question in the board
b. executive clemency
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BOOK II FINAL EXAM

c. presidential Decree’s
d. imprisonment

40. X was sentenced by Judge Y to Reclusion Perpetua. If Judge Y died while X was serving his sentence what
happens to the sentence of X?
a. remains the same (no effect) c. X will stay longer in jail
b. X will be released
d. It will be abolished

41. When a penalty has a minimum and maximum period, we refer to them as:
a. indeterminate sentence c. suspended sentence
b. determinate sentence d. complex crime

42. These are sets of law that control the action of the criminal justice and define the rights of the defendant.
A. criminal law
b. civil law
c. remedial law
d. labor law

43. The Philippine Criminal Law promulgated in 1433.

a. Code of Kalantiaw
b. Spanish Penal Code
c. Codigo penal de Espana
d. Code of Hammurabi

44. The preliminary investigation of offense within the jurisdiction of the Sandiganbayan is conducted by:
a.public prosecutor c. ombudsman
b. justice secretary d. IBP officers
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BOOK II FINAL EXAM

45. In this stage, the accused will be brought before the court to apprise him of the charges against him.
a. custodial investigation c. arraignment
b. promulgation of judgment d. plea bargaining

46. Who represents the State in criminal proceedings?

a. judge
b. clerk of court
c. policeman
d. public prosecutor
47. These refer to the written allegations of the parties of their respective claims and defenses submitted to the
court for trial and judgment. Examples of these are complaint, information, affidavit, motion dismiss etc.
a. court papers c. pleadings
b. motions d. mere scraps of paper

48. A process in the criminal justice which means the questioning initiated by law enforcers after a person has
been taken into custody or deprived of his freedom of action in any significant way. It is defined by RA 7438.
a. preliminary investigation c. credit investigation
b. background investigation d. custodial investigation.

49. Which among the following is a part of custodial investigation?

a. police line up
b. invitation to appear in police station
c. mug shots
d. taking of fingerprints

50. X is frustrated because he lost his wallet containing twenty pesos. He therefore has no more money to buy
food and medicine. While walking along the street, he saw a lady counting her money she had just withdrawn
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BOOK II FINAL EXAM

from an Automated Teller Machine. X thought of taking the money from the lady by force. What crime is
committed by X?
a. robbery b. theft c. sin d. no crime

51. When an offender has performed all the felonious acts but he failed to produce the felony for some reason or
another, the crime is:
a. attempted
b. frustrated
c. consummated
d. impossible

52. It has endeavored to establish a mechanical and direct proportion between crime and penalty and there is
scant regard to the human element.
a. classical theory
b. positivist theory
c. strain theory
d. none of the above

53. It is a human act punishable by the Revised Penal Code.

a. offense
b. crime
c. felony
d. infraction

54. What is present when the killing of a person is considered beforehand and that it was motivated more than
by a simple desire to engage in acts of violence?
a. cruelty
b. treachery
c. evident premeditation
d. lack of foresight
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BOOK II FINAL EXAM

55. It is an inherent power of the _____ to compel the attendance of witnesses in a case pending before them.
a. courts
b. policeman and NBI authorities
c. prosecutors
d. all of the above

56. Which among the following is the following is the best and highest proof. It speaks more eloquently than a
hundred witnesses.
a. real evidence (object) c. documentary evidence
b. testimonial evidence d. solid evidence

57. For purposes of identification, the accused must appear in court; this means that there must be _____ of the
accused.
a. appearance by lawyer c. appearance fees
b. appearance by proxy d. personal appearance

58. A stabbed B. A became remorseful and brought B to the hospital. The wound was almost fatal had it not for
medical intervention. B did not die. What crime is committed by A?
a. attempted felony
b. frustrated felony
c. physical injury d. no crime

59. It is a process issued by a court after conviction to carry out the final judgment, such as commanding a
prison warden to hold the accused in accordance with the terms of the judgment. It is carrying into effect the
judgment of the court.
a. mittimus
b. commitment order
c. arrest warrant
d. order of confinement
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BOOK II FINAL EXAM

60. What is the purpose of bail?

a. added source of income for the government
b. to protect the 4th amendment rights of the accused
c. to obtain temporary release of accused while under trial
d. to keep the accused in jail until trial

61. It is one in which all the ingredients of the offense are committed in one place only.
a. continuing crimes
b. local crimes
c. transitory crime
d. complex crime

62. A crime in which some acts material and essential thereto occur in one province and some in another.
a. instant crime
b. local crimes
c. transitory crime
d. complex crime

63. Intervention of the victim in the criminal action is not allowed in the following EXCEPT:
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 ahead of the criminal action
d. when he has expressly reserved the right to institute the civil action separately.
64. The following are requisites of attempted felony EXCEPT:
a. offender commences the commission of a felony
b. the commission of a felony is done by overt acts
c. offender does not perform all the acts of execution which should produce the felony
d. the offender’s act is not stopped by his own spontaneous desistance
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BOOK II FINAL EXAM

e. the non performance of all the acts of execution was due to cause or accident.
f. the offender confesses his guilt to the police

65. X mixed poison to the food of Y. After Y had eaten a spoonful or two of the food prepared by X, Y threw
them away as he did not like its taste. Y did not die. What crime is committed by X?
a. attempted murder
b. frustrated murder
c. consummated murder d. impossible crime

66. X (man) dragged a woman to an isolated rice field about a few meters away from where she was. Because
of the constant shouts for help of the woman X let him go and X run away. What crime was committed?
a. attempted rape c. grave threats
b. illegal detention d. acts of lasciviousness

67. X with intent to kill stabbed Y at least two times, as a result Y fell to the ground. X was to stab again Y for
the second time but he noticed that Y was no longer moving and breathing. X thought that Y was already dead
so he hurriedly left. Unknown to him Y was just feigning death. After X left, Y immediately went to a nearby
hospital. What crime was committed assuming the wounds are mortal or fatal but Y did not die because of the
skillful medical intervention?
a. attempted felony b. frustrated felony
c. consummated felony
d. none of the above
68. X with intent to kill stabbed Y at least two times, as a result Y fell to the ground. X was to stab again Y for
the second time but he noticed that Y was no longer moving and breathing. X thought that Y was already dead
so he hurriedly left. Unknown to him Y was just feigning death. After X left, Y immediately went to a nearby
hospital. What crime was committed assuming the wounds are not mortal or not fatal, hence not sufficient to
cause death?
a. attempted felony b. frustrated felony
c. consummated felony
d. none of the above

69. A waylaid B in the hope of getting a watch. But B left the watch. A pointed his gun to B. But since B had
no watch in him, A let him go unmolested. What crime was committed?
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BOOK II FINAL EXAM

a. attempted felony b. frustrated felony

c. consummated felony
d. none of the above

70. A shot B producing a wound sufficient to cause death. However a twist of fate happened when A suddenly
began to feel sorry for B. So A himself treated the wounds sustained by B. B did not die as a result. What crime
was committed by A?
a. frustrated felony b. physical injury
c. consummated felony
d. attempted felony

71. A raised his bolo as if to struck B (without any blow being struck). What crime was committed?
a. attempted felony b. light threats
c. frustrated felony
d. consummated felony

72. X who is fully naked and Y also fully naked forcefully rubbed his penis into the genitalia of Y. The tanods
came and arrested X on the spot. What crime is committed?
a. attempted rape b. acts of lasciviousness
c. frustrated rape
d. consummated rape

73. Dr. X had long wanted to kill Y his brother. So one night he mixed whitish substances (arsenic) on the soup
of the latter. When the brother had already finished his meal including the soup with poison, Dr. X had a sudden
change of heart and decided to save the life of the brother by employing his knowledge in toxicology. He
immediately administered an antidote. The antidote administered by Dr. X prevented the death of the brother.
What crime was committed by Dr. X?
a. attempted parricide b. physical injury
c. frustrated parricide
d. consummated parricide
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BOOK II FINAL EXAM

74. It is that point in the commission of the crime where the actor has still control over his acts and its natural
course.
a. objective phase b. subjective phase
c. proactive phase
d. reactive phase

75. X shot Y to death. While X was in jail, Mel Enriquez, a television anchorman/reporter interviewed him. In
the process of interview, X admitted to Mel, that he indeed shot Y. Mel is now in court as a witness against X to
prove that X admitted to him that he (X) killed Y. Is this evidence admissible?
a. Yes, the interview was not part of custodial investigation
b. No, there was no lawyer when X confessed his guilt
c. No, it is against media ethics to testify when the suspect admitted his crime to a media man
d. Yes, if there was no torture employed by the media man

76. A man served his sentence for 8 years, although he was sentenced 20 years imprisonment. What did the man
enjoy?
a. parole
b. total freedom
c. probation
d. reprieve

77. A family built his house in an inner piece of land. He was not allowed to go through a neighbor’s yard. He
was accused of trespassing. But the law allows such passage under:
a. eminent domain
b. right of way
c. violation of domicile
d. taxation power

78. Juan is expert in pick pocketing. He does this act in the sidewalks and in Quiapo church. The pick pocketing
in church is more serious when done in church because:
a. he takes advantage of people in prayer
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BOOK II FINAL EXAM

b. he disregards religion
c. the crime was committed in a place dedicated to religious worship
d. the pickpocket is a catholic himself

79. A law was passed in July 1998 imposing death penalty against a drug pusher. The pusher was caught and
convicted in 1997. The judge sentenced him (again) to death in 1999, which is the 2nd promulgation of
judgment. What right was violated?
a. right against bill of attainder
b. right against death penalty
c. right against life d. right against ex post facto law

80. It is an act or omission in violation of a public law forbidding or commanding it:

a. Felony
b. Offense
c. Crime
d. Infraction

81. Which among the following is not an afflictive penalty?

a. Reclusion Perpetua
b. Reclusion Temporal
c. Prision Mayor
d. Arresto Mayor

82. Under the ___________, the maximum duration of the convict’s sentence shall not be more than three (3)
times the length of time corresponding to the most severe penalties imposed upon him which however shall not
exceed forty (40) years:
a. Supreme Court Ruling
b. Revised Penal Code
c. 1987 Constitution
d. Three Fold Rule in the Service of Sentence
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BOOK II FINAL EXAM

83. Which law prohibited the imposition of the death penalty?

a. R.A. 9262
b. R.A. 9346
c. R.A. 9211
d. R.A. 9344

84. What is the first and indispensable requisite of Self-Defense?

a. Reasonable necessity of the means employed to prevent or repel it
b. Lack of sufficient provocation on the part of the person defending himself
c. The person defending be not induced by revenge, resentment or other evil motive
d. Unlawful aggression

85. A _________ exists when two or more persons come to an agreement concerning the commission of a
felony and decides to commit it:
a. Conspiracy
b. Piracy
c. Proposal to commit felony
d. Criminal agreement

86. It is that characteristic of criminal law which states that criminal law is binding on all persons who live or
sojourn in the Philippines regardless of age, sex and nationality:
a. Generality
b. Practicality
c. Territoriality
d. Prospectivity

87. These are crimes that are consummated in one instant; that is may not have an attempted or a frustrated
stage such as acts of lasciviousness, slander, false testimony etc.:
a. Formal crimes
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BOOK II FINAL EXAM

b. Material crimes
c. Continuing crimes
d. Complex crimes

88. As a general rule, light felonies are punishable only when they are ____________, with the exception of
those committed against persons or property:
a. Consummated
b. Frustrated
c. Attempted
d. None of the above

89. There is ________ when the criminal act is performed with deliberate intent:
a. Freedom of action
b. Fault
c. Fault
d. Dolo or deceit

90. It is a rule regarding the jurisdiction of a coastal state whenever a crime is committed aboard a foreign
merchant vessel which is within the jurisdiction of that coastal state. According to this rule, such crimes can be
tried in that country, unless their commission affects the peace and security of that coastal state:
a. French Rule
b. English Rule
c. American Rule
d. British Rule

91. What is incurred by one who commits a felony, although the wrongful act done is different from that which
he intended?
a. Reward
b. Punishment
c. Imprisonment
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BOOK II FINAL EXAM

d. Criminal Liability

92. An aggravating circumstance that can be applied to all felonies, examples of which are recidivism, dwelling,
etc.:
a. Specific Aggravating Circumstance
b. Generic Aggravating Circumstance
c. Inherent Aggravating Circumstance
d. Qualifying Aggravating Circumstance

93. Are those where the act committed is a crime, but for reasons of public policy, no penalty is imposed:
a. Exempting Circumstances
b. Justifying Circumstances
c. Absolutory Causes
d. Mitigating Circumstances

94. This crime is said to be a crime committed against all mankind and whose commission affects all territorial
boundaries such that the doer of this crime maybe arrested anywhere in the world he might be seen because he
is deemed to be a “Hostes Humanis Generis”:
a. Treason
b. Drug Trafficking
c. Piracy
d. Rebellion

95. What is meant by the maxim “Actus non facit reum nisi mens sit rea”?
a. There is no crime, if there is no law punishing it.
b. An act done by me against my will is not my act.
c. The act itself does not make a man guilty, unless his intention were so.
d. Ignorance of the law, excuses no one from compliance therewith

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

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BOOK II FINAL EXAM

a. Use of poison
b. Cruelty
c. State of necessity
d. Ignominy

97. If KOKO committed a crime because he was drunk at the time of commission of such crime and it was
proven that he is not a habitual drunkard nonetheless, it was also proven that he use such condition to facilitate
the commission of crime, then drunkenness must be appreciated as:
a. Both mitigating and aggravating circumstance
b. Alternative circumstance
c. Mitigating circumstance
d. Aggravating circumstance

98. What is the purpose of the law in punishing impossible crimes?

a. To suppress criminal propensities or tendencies
b. To prevent criminals from committing another crime.
c. To keep the potential criminals off the street.
d. To serve as an example to those who are born criminals.

99. USS Destroyer of the US Navy was anchored along the stretch of Subic Bay when Cadet 1st Class Zac
Apron stabbed to death his fellow American Soldier by the name of Lance Corporal Justin Daniels. The
stabbing incident happened inside the USS Destroyer. Which court shall have the jurisdiction over the crime?
a. Regional Trial Court of Olongapo
b. Philippine Supreme Court
c. Metropolitan Trial Court of Olongapo
d. U.S. Court

100. Revised Penal Code was approved on:

a. January 01, 1932
b. December 08, 1931
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BOOK II FINAL EXAM

c. December 08, 1930

d. January 01, 1930