OUR LADY OF FATIMA UNIVERSITY

COLLEGE OF CRIMINOLOGY

MOCK BOARD FOR MODULE 6/2010

(CRIMINAL LAW AND JURISPRUDENCE)

NAME: ____________________________________ SCORE:

___________

INSTRUCTION: Select the correct answer for each of the following questions. Mark
only one answer for each item by shading the space corresponding to the letter of your
choice on the answer sheet provided. STRICTLY NO ERASURES ALLOWED.

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1. The standard of proof in criminal cases refers to ____.

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a. Probable cause c. Preponderance of evidence
b. *Reasonable doubt d. Admission

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2. The branch or division of law which defines crimes, treats of their nature and

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provides for their punishment is referred to as ____.

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a. Criminology c.*Criminal law
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b. Penology d. Victimology
3. ____ is the wilful and corrupt assertion of falsehood under oath of affirmation,
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administered by authority of law on a material matter.

a. False testimony c. *Perjury
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b. Fraud d. Corruption of minor

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4. ____ are acts and omissions committed not only by means of deceit, but also by
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means of fault and are punishable by law.

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a. Violations of law c. *Felonies

b. Infractions d. Illegal acts
5. Evidence that tends to prove the truth of a fact at issue is ____.
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a. *relevant c. Competent
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b. material d. Admissible
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6. The penalty imposed by the court upon an offender is reduced to a lighter one is
known as ____.
a. Reprieve c. Amnesty
b. *Commutation of sentence d. Pardon
7. Who among the following is not considered a Person in Authority?
a. *Chief of Police c. City Mayor
b. Public School Teacher d. Barangay Chairman
8. It pertains to the penalty prescribed by law in substitution of the payment of fine
because the convict is unable to satisfy said fine due to insolvency.
 a. *Subsidiary imprisonment c. Preventive imprisonment
b. Technical Arrest d. Bankruptcy
9. Are those crime committed against the society which produce direct damage or
prejudice common to all its members.
a. Private crimes c. *Public crimes
b. Felony d. Infraction
10. Circumstances wherein the acts of the person are in accordance with the law and,
hence, he incurs no criminal and civil liability.
a. *Justifying circumstances c. Exempting circumstances
b. Mitigating circumstances d. Aggravating circumstances

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11. To be admissible, evidence must be ____.

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a. weighted and clear c. *Material and relevant

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b. competent and clear d. Truthful and relevant
12. One of the characteristics of criminal law, where penal laws do not have retroactive

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effect, except in cases where they favour the accused charged with felony and who are

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not habitual criminals.

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a. Generality FO c. Territoriality
b. *Irretrospectivity d. Habituality
13. In this respect, the offender performs all the acts of execution which would produce
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the felony as a consequence but which, nevertheless, do not produce it by reason of

causes independent of the will of the perpetrator.
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a. Attempted felony c. *Frustrated felony

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b. Consummated felony d. Aborted felony

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14. Crimes committed on board foreign merchant vessels are triable in the foreign
country where they are situated unless such crimes affect merely the internal
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management of the vessel.

a. *English Rule c. French Rule
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b. United Nations Rule d. American Rule

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15. The following are persons exempt from the operation of criminal law by virtue of the
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principles of public international law, except ____.

a. Heads of States c. Ambassadors
b. *Consul d. Charges d’Affaires
16. 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
17. 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. Charge sheet
b. Blotter d. Information
18. Persons who aid the felons to hide away evidence or profit from the fruits of the
crime are said to be ____.
a. Principals c. *Accessories
b. Accomplices d. Conspirators
19. The duty of the party to present evidence to establish his claim is referred to as

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____.

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a. *Burden of proof c. Burden of evidence

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b. Bill of particulars d. Presentation of evidence
20. A person who had decided to commit a felony told somebody else of his plan is

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guilty of ____.

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a. *Proposal c. Conspiracy

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b. Piracy FO d. Culpability
21. Circumstances where those that have the effect of reducing the penalty because
there is diminution of any of the elements of dolo or culpa, which makes the act
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voluntary or because of the lesser perversity of the offender.

a. Justifying circumstances c. Exempting circumstances
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b. Aggravating circumstances d. *Mitigating circumstances

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22. It is a crime committed by a public officer by depriving the liberty of a person

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without any legal ground.

a. Illegal detention c. Violation of domicile
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b. *Arbitrary detention d. Trespassing

23. It is an act of a public officer of entering the dwelling of another effected against the
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latter’s will.
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a. Trespass to dwelling c. Coercion

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b. *Violation of domicile d. Illegal entry

24. What penalty carries a prison term of 1 month to 6 months?
a. Arresto Menor c. *Arresto Mayor
b. Reclusion Temporal d. Reclusion Perpetual
25. The territorial unit where the power of the court is to be exercised is known as
____.
a. Jurisdiction c. *Venue
b. Territory d. Geographical division
26. Fees and indemnities in the course of judicial proceedings are called:
 a. Fines c. Civil liability
b. *Costs d. Monetary penalties

27. Under this theory, man is considered as an essentially moral creature with an
absolute free will to choose between good and evil; therefore, he should be adjudged
or held accountable for his wrongful acts for as long as his free will is impaired.
a.*Juristic or classical theory c. Territoriality
b. Positivist or realistic theory d. Non-punitive theory
28. Speaking of defamatory words or the performance of acts, actuated by malice and

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which tend to cause dishonour, discredit or contempt to a natural or juridical person

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affecting the latter’s reputation, office business or trade is referred to as the crime of

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____.
a. Blackmail c. Incriminatory machination

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b. Unjust vexation d. *Slander

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29. The fine which exceeds P 6,000.00 is considered as ____.

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a. *Afflictive FO c. Light
b. Indeterminate d. Exorbitant
30. In this instance, the offender performs all the acts of execution from which the
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intended crime actually results.

a. Attempted felony c. Frustrated felony
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b.* Consummated felony d. Aborted felony

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31. If the fact which the evidence tends to prove is part of an issue of the case, then
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the evidence is said to be ____.

a. Credible c. Relevant
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b. *Material d. Admissible
32. To be appreciated as mitigating, it must be made to person in authority or his
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agent, it may be present if made after the issuance of a warrant of Arrest, but before
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actual arrest is made.

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a. Admission c. Confession
b. *Voluntary surrender d. Evident premeditation
33. Evidence which cannot be overcome or rebutted.
a. Prima facie c. Direct
b. *Conclusive d. Positive
34. Deliberate or malicious burning of a person to death refers to what kind of crime?
a. Homicide c. Arson
b. *Murder d. Murder with arson
35. This is the wilful conscious killing of any child less than three (3) days old.
 a. *Infanticide c. Abortion
b. Genocide d. Kidnapping
36. If no appeal is made, a judgment becomes final after ______ days from its
promulgation.
a. 5 c. *15
b. 10 d. 30
37. A witness testifying on matter which he learned from other person is said to be
introducing ____________ evidence.
a. Direct c. Circumstantial
b. *Hearsay d. Corroborative

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38. Where was the state where the Miranda Doctrine originated?

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a. Oregon c. Michigan

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b. Arizona d. Texas
39. What are those circumstances which are either aggravating or mitigating according

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to the nature and effects of the crime and other conditions attending its commission?

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a. Justifying c. Aggravating

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b. Mitigating FO d. *Alternative
40. It may be defined as the forfeiture or loss of the rights of the State to prosecute the
offender after the lapse of a certain time fixed by law.
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a. Prescription of Penalty c. Conditional rule

b. *Prescription of crime d. Conditional pardon
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41. A, B C and D robbed a bank. When they were about to flee, policemen came and
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they traded shots with them. If one of the policemen was killed, A, B, C and D
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committed:
a. Murder c. Robbery
b. Homicide d. *Robbery with Homicide
42. What if D was shot by the responding policemen. A, B and C will be charged with:
a. Murder c. Robbery only
b. Homicide d. *Robbery with Homicide
43. What if a bank employee named Q was accidentally killed by stray bullets. It was
established that the bullet that killed him came from the responding policemen. A, B, C
and D will be charged with:
a. Murder c. Robbery only
 b. Homicide d. *Robbery with Homicide
44. If an accused refuses to make a plea during the arraignment of the case, what plea
shall be entered for him for purposes of court’s record?
a. Guilty c. *Not guilty
b. Any of a & c d. Both
45. What crime is committed by a private person who detains another for the purpose
of depriving the latter of his liberty for more than three (3) days?
a. Illegal arrest c. *Illegal detention
b. Arbitrary detention d. Arbitrary arrest
46. There is ____ if the killing was considered beforehand and that is was motivated by

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more than a simple desire to engage in an act of violence.

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a. Implied malice c. Express malice

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b. Deliberation d. *Premeditation
47. H, I and J conspiring with each other, killed K who is the brother in law of J. H

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committed the crime with evident premeditation while I was a recidivist. The

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aggravating circumstance of recidivism applies to:

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a. H only FO c. J only
b. *I only d. To H, I and J
48. Using the preceding question as reference, the aggravating circumstance of
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relationship affects the liability of:

a. H only c. *J only
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b. I only d. H, I and J
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49. Evident premeditation shall affect the liability of:

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a. *H only c. J only
b. I only d. H, I and J
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50. 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
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the law? Resort is made to secret inquiry to discover the culprit and violence and
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torture were often employed to extract a confession. The judge is not limited to the
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evidence brought before him but could proceed with his own inquiry which is not
confrontative.
a. Mixed system c. *Inquisitorial
b. Accusatorial d. Adversarial
51. 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. File a motion to correct the name
52. What is the rule in criminal law about doubts?
 a. Proven doubts should be resolved in favor of the accused
b. *All doubts should be resolved in favor of the accused
c. Verified doubts shall be resolved in favor of the accused
d. Doubts duly annotated is resolved in favor of the accused
53. X, intending to burn Y’s house bought a gallon of kerosene and a box of matches.
X, realizing that what he is about to do is wrong, he decided not to pursue his intention
of burning Y’s house. A committed:
a. Attempted Arson c. *No crime was committed
b. Frustrated Arson d. Impossible Crime of Arson

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54. What if X decided to push through with his plan and started dousing Y’s house
with gasoline. As he was about to light it, he was stopped by Y. A committed:

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a. *Attempted Arson c. Overt Acts

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b. Frustrated Arson d. Impossible Crime of Arson

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55. Dr. Antonio is a medico legal officer at the PNP crime laboratory. He conducted

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the autopsy of Mr. Castro’s cadaver who was believed to be poisoned. The case was

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investigated by the CIDG and the crime lab was asked to conduct the autopsy.
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According to the autopsy report which was immediately accomplished by Dr. Antonio
after conducting the autopsy shows that Mr. Castro died of cyanide poisoning. Before
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Dr. Antonio could testify, he migrated to the U.S. to work as a nurse. The prosecution
presented the autopsy report to prove the cause of Mr. Castro’s death. The defense
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objected on the ground of hearsay. The autopsy report is:

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a. Hearsay, hence inadmissible

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b. Mere opinion, hence inadmissible

c. Admissible as Entries in the course of business
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d. *Admissible as Entries in official records

56. What is that accusation made in writing charging a person with an offense,
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subscribed by the prosecutor and filed with the court?

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a. Counter- affidavit c. Inquest proceeding

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b.* Information d. Complaint

57. In its juridical sphere, it means the suffering undergone because of the action of
society, by one who committed a crime hence it can only be imposed after conviction in
a criminal action.
a. Amnesty c. *Penalty
b. Pardon d. Verdict
58. Six (6) men entered the house of Maria brandishing firearms and knives. After they
ransacked Maria’s house, they took money and jewelry. But before they left, they
brought Maria to the backyard where she was ordered to undress and thereafter raped
by the six men. What crime(s) was committed?
 a. Robbery and Rape c.*Complex crime of Robbery with Rape
b. Theft and Rape d. Robbery only since the rape is
absorbed
59. What if the six men ransacked Maria’s house while the latter was sleeping. As
they were about to leave the scene Maria woke up and saw them carrying her VCR
and TV. She was forced by the six men to go with them on board a waiting taxi. Upon
reaching Monumento, Caloocan City, the three men alighted. The remaining three
men named X, Y and Z brought Maria to a nearby motel where she was raped. What
crime(s) was committed by X, Y and Z?
a. *Robbery and Abduction with Rape c. Complex crime of Robbery with Rape

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b. Theft and Rape d. Robbery only (rape is absorbed)

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60. Which of the following does NOT justify arrest without warrant?

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a. Continuing crime
b. *Arrest based on police suspicion

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c. Emergency doctrine

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d. Hot pursuit

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61. This characteristic of criminal law is enounced in Article 366 of the Revised Penal
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Code: crimes are punished under the laws enforce at the time of their commission.
a. *Prospective c. Territorial
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b. General d. Preferential
62. They are those who not being principals, cooperate in the execution of the offense
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by previous or simultaneous acts.

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a. Accessories c. Principals
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b. *Accomplices d. Auxiliaries
63. Z, a member of the “Agaw-Armas Gang,” decided to rob a security guard of his
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firearm. Fearing that the guard might beat him to the draw, the former decided to
shoot him at the back. When the guard’s dead body was sprawled on the floor, Z took
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his gun. What crime did Z commit?

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a. Murder c. Robbery only

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b. Murder and robbery d. *Robbery with Homicide

64. What if the original intention of Z is to kill the security guard because he found out
that the guard was having an affair with his wife. Fearing that the guard might beat him
to the draw, he decided to shoot him at the back. But after killing the guard, he took the
latter’s gun. What crime was committed by Z?
a. Murder c. *Murder and Theft
 b. Murder and robbery d. Robbery with Homicide
65. Criminal procedure is a ____.
a. Substantial law c. Constitutional law
b. Administrative law d. *Remedial or procedural
law
66. A judicial examination and determination of the issues in an action or proceeding
civil or criminal refers to______.
a. Plea-trial c. Pre-trial
b. Plea-bargaining d. Trial
67. It is a felony wherein a person compels another by means of force, violence or

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intimidation to do something against his will, whether right or wrong.

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a. Grave threat c. Light threat

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b. *Grave coercion d. Light coercion
68. Under the law, the following are allowed to conduct Preliminary Investigation:

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a. Provincial/City prosecutors c. National State

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Prosecutors

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b. Judges of the MTC and MCTC FO d. *All of them
69. PO1 Juan and PO2 Lugtu were patrolling the bus terminal of Victory Liner. They
were there to prevent street crimes and to provide police visibility. They received a tip
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that a person would be transporting shabu. When they saw the person who matched
the description in the tip, they approached him and introduced themselves as
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policemen and asked him to show the contents of his bag. The man agreed and they
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found out that he had with him several kilos of shabu. If you were one of the
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policemen, what would you do?

a. *Effect a warrantless arrest after the discovery of the drugs
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b. Secure first a warrant to arrest the suspect

c. Secure first a search warrant on the bus
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d. None of the above

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70. It is referred to as Alevosia, or means or methods employed to ensure its

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execution.
a. Craft c. Deceit
b. Intent d.*Treachery
71. To be appreciated as mitigating, it must be made to person in authority or his
agent; it may be present if made after the issuance of a warrant of arrest but before
actual arrest is made.
a. Plea of guilty c. *Voluntary surrender
b. Good conduct behaviour d. Non-resistance during arrest
72. Robert, the accused saw a 28 year old girl Ms. Tisay near the gate of her
residence. Without a word, Robert kissed Ms. Tisay on the cheek and brisked softly his
hands on to her left breast. No one saw the incident. In a minute, Robert left Ms. Tisay,
who got shocked and speechless. What crime was committed by Robert if any?
a. *Acts of lasciviousness c. Unjust vexation
b. Attempted rape d. Seduction
73. 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 deliquent
74. It is a swift attack, accompanied by violence, intimidation, threat, strategy or stealth

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against a facility needed for the exercise and continued possession of power

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committed by a person belonging to the military or police, with or without civilian

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support, for the purpose of seizing or diminishing state power.
a. Rebellion c. Insurrection

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b. *Coup d’ etat d. Sedition

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75. During the meeting of factory workers, the Labor Union Leader called upon the
members to sabotage the factory equipment and burn the warehouse due to their
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hatred towards their employer whom they accuse of unfair labor practice. The factory
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workers agreed with the Labor Leader. What crime was committed by the Labor
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Leader?
a. Rebellion c. *Inciting to Sedition
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b. Illegal Assembly d. Inciting to Rebellion

76. In the above scenario, are the factory workers who attended the meeting liable? If
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they are liable, what crime?

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a. *Illegal Assembly c. Illegal Association

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b. Sedition d. Not liable

77. Felonies or “delitos” are acts and omissions punishable by law. Felonies are
committed not only by means of “dolo” but also by means of “culpa”. Dolo means
____.
a. *Deceit c. Negligence
b. Culpa d. Imprudence
78. A public officer appropriating public funds and misappropriating public property are
examples of what kind of offense?
a. Estafa
 b. *Malversation
c. Possession of prohibited interest by a public officer
d. Fraud
79. X throws a hand grenade at Y. Y was killed and 2 others were seriously injured.
The crime committed by X is:
a. Murder and multiple physical injuries c. Murder and multiple attempted
murders
b. *Murder with multiple attempted murder d. Murder
80. A forged 100 pieces of Philippine P 1,000.00 peso bill. The forgery was committed
in China and the fake money was to be smuggled to the Philippines via Taiwan. The
shipment was confiscated in Taiwan by the Philippine Center for Transnational Crime

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(PCTC) and A was arrested therein. What country has jurisdiction over A’s crime?

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a. China c. Taiwan

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b. *Philippines d. All of the above
81. Ms. X, a nurse at a hospital, removed the oxygen mask of the patient who was

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suffering from emphysema, and as a result of which the patient could not breathed.

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The patient survived due to the timely arrival of the resident physician who immediately

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attached the oxygen mask to the patient. Ms. X committed:
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a. Consummated Murder c. *Frustrated Murder
b. Attempted Murder d. Impossible Crime of Murder
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82. “Delito compuesto” occurs when a single act constitutes two or more grave or
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less grave offenses. Delito compuesto means ____ in English.

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a. *Compound complex crime c. Complex crime proper

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b. Complicated crime d. Consummated crime

83. Book 1 and 2 of the Revised Penal Code of the Philippines provide the
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classification of crimes and the corresponding penalties thereto. What act is enacted
to revise the our Penal Code?
a. RA 6975 c. RA 8551
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b. *RA 3815 d. RA 8315

84. The offender entered the dwelling with the intention of taking the stereo. He was
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able to get inside the house but before he could find the stereo he was immediately
caught by the occupant. The offender committed:
a. Attempted Robbery c. Consummated Robber
b. Frustrated Robbery d. *Consummated Trespass to Dwelling
85. What if the offender was able to find the stereo and as he was removing it from the
table he was caught by the occupant. The offender committed:
a. *Attempted Robbery c. Consummated Robbery
b. Frustrated Robbery d. Consummated Trespass to Dwelling
86. Assuming that the offender managed to get the stereo and as he was about to get
out of the house he was caught by the occupant. The offender committed:
 a. Attempted Robbery c. Consummated Robbery
b.*Frustrated Robbery d. Consummated Trespass to Dwelling

87. If he was able to bring out the stereo, the accused would be guilty of:
a. Attempted Robbery c. *Consummated Robbery
b. Frustrated Robbery d. Consummated Trespass to Dwelling
88. Abdul, while on board a vinta chased MV Doña Paz, a passenger vessel while it
was at Sulu sea. When it overtook MV Doña Paz, Abdul and his companions boarded
the passenger vessel and took control of it and brought it to Malaysia where the

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passengers were robbed of their belongings. What crime was committed by Abdul and

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his men?

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a. Piracy c. *Qualified Piracy
b. Mutiny d. Robbery

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89. If, instead of Abdul, MV Doña Paz’s Third Mate, Engr. Hadji, while using violence

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and intimidation, took control of the vessel and forced it to dock in Malaysia where the

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passengers were divested of their belongings. What crime was committed by Mr.
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Hadji?
a. Mutiny c. Qualified Piracy
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b. Robbery d. *Piracy
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90. Using the two preceding questions as reference, do you think the acts of Abdul
and that of Mr. Hadji punishable in the Philippines considering that the passengers
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were robbed in a foreign country?

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a. No.The acts are not punishable since the crime was committed outside of
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Philippine jurisdiction
b. No. The acts are not punishable because they do not constitute an offense
c.*Yes. The acts are punishable since the crimes were committed within
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Philippine
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jurisdiction
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d. Yes. The vessel is of Philippine registry

91. While the minister for the Iglesia ni Cristo was preaching on a platform addressing
members of the said religious sector, Mr. Nano threw a rock hitting the minister. What
crime was committed?
a. *Offending religious feelings
b. Interruption of Religious Worship
c. Prohibition, Interruption, dissolution of peaceful meetings
d. No crime was committed
92. 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. Criminalist
93. It is an offense which, under the law existing at the time of its commission and at
the time to be admitted to bail, may be punished by death, although a lower penalty
may be imposed after conviction.
a. *Capital offense c. Correccional
b. Afflictive d. None of the above

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94. When the law attaches capital punishment or afflictive penalties, the felony is said

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to be ____.

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a.*Grave c. Less grave
b. Light d. Less serious

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95. A group of men from Jolo, Sulu led by Abdurajak banded together and armed

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themselves with armalites. Their purpose is to declare a separate Islamic state in

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southern Philippines. No actual clash of arms has taken place since Abdurajak knew
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that his forces would be no match for the government soldiers. Abdurajak and his men
committed:
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a. Sedition c. *Rebellion
b. Treason d. No crime was committed
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96. Using the preceding number as reference, but this time Abdurajak is not the leader
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but merely acted as a lookout at the pier to monitor the arrival of government troops,
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for what crime would he be liable?

a. Espionage c. *Rebellion
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b. Sedition d. No crime was committed

97. Assuming that Abdurajak and his companions succeeded in taking control of the
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province of Sulu and the Mayor of Jolo, Sulu, Mayor Uzman would continue to
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discharge his duties as Mayor under the control of the rebels, Mayor Uzman committed
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what crime?
a. Rebellion c. *Disloyalty of Public Officers and
Employees
b. Sedition d. No crime was committed

98. It may be defined as an act committed by a husband who keeps 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 place.
a. *Concubinage c. Adultery
 b. Immorality d. Rape
99. It is the act of a person for marrying for the second time, before the former
marriage has been legally dissolved or before the absent spouse has been judicially
declared presumptively dead.
a. Polygamy c. Monogamy
b. *Bigamy d. Moonlighting
100. This situation takes place when a peace officer induces a person to commit a
crime, without the inducement, the crime would not be committed.
a. Threat c. Recidivism
b. Machination d. *Instigation

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