MULTIPLE CHOICE case in his own favor or to overthrow one created

against him.
1. A kind of evidence which shows that a best evidence A. Res gestae
existed as to the proof of the fact is in question B. Burden of Evidence
A. Real Evidence C. Burden of Proof
B. Secondary Evidence D. Estoppel
C. Best Evidence 14. A is a supply officer of a municipality. He entered into an
D. Res gestae agreement with B. to supply the municipality with some
2. What crime exists when a single act constitutes two or more office forms at a price grossly disadvantageous to the
grave or less grave felonies or when an offense is a municipality. The agreement was that part of the
necessary means for committing the other? purchase price must be given to A. The transaction did
A. Complex not materialize. A may be liable for
B. Composite A. attempted estafa
C. Continuing B. frustrated estafa
D. compound C. attempted fraud
3. What must be considered in determining whether the crime D. consummated fraud
committed is only attempted, frustrated or 15. The probative value or credit given by the court to a
consummated? particular evidence
A. All of these A. Preponderance of evidence
B. The elements constituting the felony B. Evidentiary fact
C. The nature of the offense C. Ultimate Fact
D. The manner of committing the felony D. Weight of Evidence
4. A person who gives testimonial evidence to a judiciary 16. Which among the following may disqualify a witness
tribunal A. Capacity of observation
A. Witness B. Capacity of recollection
B. Defense C. Capacity of Knowledge
C. Prosecution D. Capacity of communication
D. Clerk of Court 17. That kind of evidence which cannot be rebutted or
5. What crime can be charged of one who retains a minor in overcome
his service against the minor’s will and under the pretext A. Primary
of reimbursing himself of a debt incurred by the child/s B. Real
parents? C. Best
A. white slavery D. Conclusive
B. exploitation of child labor 18. Which in the following enumeration is an example of an
C. inducing a minor afflictive penalty?
D. kidnapping A. Fine
6. A, a notary public, issued a supposed copy of a deed of sale, B. arresto mayor
when in fact no such deed oæ sale was prepared by him. C. prison mayor
A is liable for D. destierro
A. Estafa 19. A detained prisoner is allowed to eat and drink in a nearby
B. falsification restaurant on several occasions. He is, however, well-
C. Forgery guarded at all times. The warden allowed him to go out
D. All of these of his cell without any consideration whatsoever. The
7. Refers to family history or descent transmitted from one warden may be charged with
generation to another A. negligence of duty
A. Pedigree B. leniency or laxity
B. Inheritance C. dereliction of duty
C. Tradition  D. infidelity
D. Heritage 20. Cognizance of certain facts which judges may properly
8. What kind of presumption involves the mental process by take as fact because they are already known to him
which the existence of one fact is inferred from proof of A. Cognizance
some other facts? B. Judicial Admission
A. Conclusive C. Judicial Knowledge
B. of"law D. Judicial Notice
C. Disputable 21. What if the offended party is a corporation, how do you
D. mistake of fact indicate it in the complaint or information?
9. During the pendency of his criminal case, A died due to A. state the name of the corporation
heart attack. His untimely death resulted in B. leave it blank as error is merely clerical and can be
A. termination of proceedings corrected during trial
B. suspension of the case C. aver it in the charge sheet
C. postponement of the case D. aver that it is legally organized pursuant to SEC
D. dismissal of the case for lack of respondent rules
22. Exemption to the hearsay rule made under the
10. How may an ordinary citizen give his opinion regarding consciousness of an impending death.
the handwriting of a person? A. Parole Evidence
A. when he has to testify only as to the mental and B. Ante-mortem statement
emotional state of the one who authored the C. Dean man statute
handwriting D. Post mortem statement
B. when it is the handwriting of one whom he has 23. What crime is committed against mankind, and whose
sufficient familiarity jurisdiction consequently recognizes no territorial limits?
C. when he is a questioned document examiner A. Piracy
D. when he is a graduate of criminology B. Felonies
C. Theft
D. Suicide
11. Obligations imposed upon a party to establish their 24. Heads of State or Ambassadors can NOT be held
alleged fact by proof are termed as "burden of proof" criminally liable in another state or place of assignment
what is its Latin translation? under the principles of international law. This is an
A. Factum probans EXCEPTION to the general characteristic of Criminal Law
B. Factum probandum which is
C. Owe probandi A. Prospectivity
D. Owes probandi B. Generality
C. Territoriality
12. Can a husband testify against the wife in an adultery D. Immunity
case? 25. Refers generally to acts made criminal by special laws
A. yes, the privilege of marital communication rule is A. Felony
already abolished B. Mala Inse
B. yes, under the law she is a competent witness C. Mala Incest
C. no, she is incompetent as a witness D. Mala prohibita
D. yes, because crime charge is one committed by the wife 26. When several persons are co-accused for a crime
committed, what is that requirement that must be
13. Logical necessity which resists upon a party at any satisfied in order that one or more of those accused can
particular time during the trail to create a prima facie qualify as state witness?
A. he appears to be the least guilty
 B. he does not appear to be the most guilty 39. They are aggravating circumstance which change the
C. not more than two accused can be state witness nature of the crime, e.i. homicide to murder in case of
D. he seems to be not guilty treachery
27. Ignorantia Facti Excusat means: A. Generic
A. Ignorance of the law B. Specific
B. Mistake of facts C. Qualifying
C. Mistake of the blow D. Inherent
D. Mistake in identity 40. Which of the following aggravating circumstances may not
28. Under this Rule, crimes are not triable in the courts of that be offset by mitigating circumstances?
country, unless their commission affects the peace and A. Treachery
security of the territory or the safety of the state is B. Night time
endangered. C. Ignominy
A. French Rule D. Taking advantage of superior strength
B. Spanish Rule 41. What are the infractions of mere rules of convenience
C. American Rule designed to secure a more orderly regulation of the
D. English Rule affairs of society?
29. What should the court do when the offense is less serious A. Mala prohibita
physical injuries and the offense proved is serious B. Felonies
physical injuries and the defendant may be convicted C. Violation of ordinance
only of the offense as charged? D. Mala in se
A. do not dismiss the action 42. What doctrine allows evidence obtained by police officers
B. do not dismiss the action but should order the filing in an illegal search and seizure to be used against the
of a new information accused?
C. dismiss the action A. Silver platter
D. stay with the action and decide accordingly to B. Exclusionary doctrine
avoid double jeopardy C. Fruit of the poisonous tree
30. When the law attaches capital punishment or afflictive D. Miranda ruling
penalties the felony is said to be 43. Mr. Santos went to the United States. While he was there,
A. Grave he courted Ms. Jane an American. They eventually got
B. Light married. When Mr. Santos returned to the Philippines his
C. Less grave wife, Alona filed an action against him for violating their
D. Serious marriage. What is the liability of Mr. Santos, if any?
31. When is evidence presented in court for admissibility A. None of these
considered relevant to the issue? B. Adultery
A. when it is not excluded by the rules C. Concubinage
B. when it has direct bearing and actual connection to D. Bigamy
the facts and issue 44. What is the liability of the jail guard if the evasion of a
C. when it is not repugnant in taste prisoner should take place through his negligence?
D. when it is not immoral A. delivering prisoners from jails
32. Infractions to the law punishable by Aresto Menor or a fine B. evasion through negligence
not exceeding 200 pesos or both. C. reckless imprudence
A. Grave D. conniving with or consenting to evasion
B. Light 45. A treasury warrant was payable to A or his representative.
C. Less grave B took possession of the warrant, wrote the name of A,
D. Serious endorsed it at the back and was able to encash it. B is
33. What circumstance can be considered aggravating with liable for
the slaying of an 80 year old woman? A. Estafa
A. abuse of confidence B. all of these
B. disregard of age and sex C. falsification
C. neglect of elders D. forgery
D. disrespect of rank 46. A person who has within a period of 10 years from the
34. Acts of a person which are said to be in accordance with date of release or last conviction is said to have been
the law, so that such person is deemed not to have found guilty of the same offense particularly those of
transgressed the law and is free from both criminal and physical injuries, estafa, theft and robbery is considered
civil liability. as a:
A. Justifying circumstances A. recidivist
B. Mitigating Circumstance B. habitual Delinquent
C. Exempting circumstances C. delinquent
D. Aggravating circumstances D. quasi-recidvist
47. What is the means sanctioned by the rules of ascertaining
35. The rule on summary procedure applies to criminal cases in a judicial proceeding the truth respecting a matter of
where the penalty prescribed by the law for the offense fact?
charged does not exceed A. Evidence
A. 3 years B. Procedure
B. six years C. Investigation
C. 6 months imprisonment D. Trial
D. 4 years and 2 months 48. Whenever more than three armed malefactors shall have
36. In case of oral defamation, where the priest is the only acted together in the commission of an offense it is
available witness, can a priest testify as to the alleged deemed to have been committed by:
defamatory words given to him by the accused during A. Group
confession? B. Band
A. privilege given by a patient to a doctor C. Brigands
B. privilege given to a husband to a wife D. Team
C. privilege communication given to an attorney by a 49. What is that statement made by a wounded person shortly
client after he received several bolo stabs narrating therein the
D. privilege communication given by a penitent to a whole incident to another which is admissible in
priest evidence as part of
37. An aggravating circumstance which generally apply to all A. res nullus
crimes such as dwelling, night time or recidivism. B. res ipsa loquitur
A. Generic C. res judicata
B. Specific D. res gestae
C. Qualifying 50. A, B, C are boardmates of D. A, B and C conspire to kill X,
D. Inherent a witch, because he is perceived to cause misery among
38. Who are criminally liable, when having knowledge of the many in the barangay. D knew about it all along. After
commission of the crime, without having principally the conspiracy but made no move to report to the
participated therein, takes part subsequent to the authorities. In this case, D
commission, either in profiting by the effects of the crime A. is liable for murder
or by concealing or destroying the body of the crime? B. is an accessory to the crime
A. Witnesses C. is a conspirator
B. Accessories D. incurs no criminal liability
C. Principals 51. “Aberratio ictus” in which the perpetrator is criminally
D. Accomplices liable means
A. mistaken identity
 B. mistake in the blow A. Miranda Rule
C. results are less than intended B. rule of facilitation
D. result is greater than intended C. rule of intervention
52. What acts punishable by law are either intended to D. rule of reservation
directly impute to an innocent person the commission of 65. Refers to resistance to a superior officer, or the raising of
crime or which are calculated to blemish the honor or commotions and disturbance on board a ship against
reputation of a person by means of intrigue? authority of the commander
A. oral defamation A. Mutiny
B. blackmail B. Piracy
C. slander C. Espionage
D. incriminatory machinations D. Sedition
53. A, with intent to kill, fired a revolver at B. He inflicted a 66. What kind of motion may be availed of anytime before
fatal wound. A brought B to a hospital, and due to timely arraignment?
medical assistance, B survived. What crime did A A. motion to dismiss
commit? B. motion for review
A. physical injuries C. motion for reconsideration
B. attempted felony D. motion to quash
C. frustrated felony 67. Which among the following instances is an example of a
D. no criminal liability qualifying circumstance to a crime of murder?
54. Breach of allegiance to a government, committed by a A. Recidivism
person who owes allegiance to it. B. Insanity
A. Treason C. Treachery
B. Adherence to the enemy D. Intoxication
C. Espionage 68. What would be the nature of action for a person over nine
D. Levying war years of age and under fifteen to incur criminal liability?
55. What is the order in writing issued in the name of the A. act with discernment
People of the Philippines, signed by a judge and directed B. act carelessly or negligently
to a peace officer commanding him to search for C. show criminal intent
personal property described therein and bring it before D. show malice
the court? 69. Who is a person in authority among the following:
A. warrant of arrest A. Policeman
B. Search warrant B. MMDA enforcer
C. Subpoena C. barangay captain
D. Summons D. barangay tanod
56. It requires the concurrence of two things, that there being 70. What kind of aggravating circumstance is present when a
an actual assembly of men and for such purpose of person commits any of the crimes against person,
executing a treasonable design by force employing such means, methods or forms in the
A. Aid or comfort execution thereof which tend specially to ensure its
B. Adherence to the enemy execution without risk to himself arising from the
C. Levying war defense which the offended partly might make?
D. All of the foregoing A. capital punishment
57. Under the new Constitution, who is empowered to order or B. complex crime
change the venue or place of trial in order to avoid C. continuous offense
miscarriage of justice? D. civil interdiction
A. executive judge 71. A is known for writing obscene material. One of his
B. supreme court writings, entitled “Hayop”, was stolen from his office and
C. regional trial courts was published by someone. The authorities got hold of
D. regional state prosecutor the obscene magazine. A is
58. What rule is observed when generally, there can be no A. not liable at all
evidence of a writing, the contents of which is the B. liable for obscene publication (as co-publisher)
subject matter of inquiry C. liable for pornography
A. secondary evidence D. liable for the obscene publications (as author)
B. parole evidence
C. corollary evidence 72. What should be done in cases of offenses against property
D. best evidence where the name of the offended party is unknown?
59. What kind of executive clemency wipes away the guilt of A. court must cause the true name to be inserted
the convicted person, subject to the three limitations to B. what is pivotal is the name and description of the
be executed by the President? offender
A. Pardon C. the police must label the property in a way that will
B. Amnesty distinguish it from others
C. Reprieve D. describe the property subject matter with such
D. penalty particularity as to properly identify, the particular
60. A person having knowledge of the plans to commit offense charged
treason and fails to disclose such information to the 73. How should the plea to a complaint or information be
governor, fiscal or mayor is guilty of what crime? made by the accused?
A. Treason A. personally, in open court and of the record
B. Conspiracy to commit treason B. by the approval of the court and upon written
C. Espionage request by the accused
D. Misprision of Treason C. through counsel in open court and on the record
61. What crime is committed when the offender, acting under D. personally by written motion
a single criminal resolution, commits a series of acts in
the same place at about the same penal provision? Situation 1 – A and B are neighbors. During a drinking spree, A
A. Composite punched B without any provocation. B’s injury required
B. Compound medical attendance for a period of seven (7) days.
C. Continuing Immediately thereafter SP01 T. Anga whose help was
D. complex sought by B, took the statement of B and did not know
62. In what instance can alibi (the weakest defense) acquire what to do.
commensurate strength in evidential value?
A. when it changes the burden of proof 74. What crime was committed by A?
B. when evidence for the prosecution is strong A. slight physical injury
C. where no positive and proper identification has been B. serious physical injuries
satisfactorily made C. ill treatment
D. when questions on whether or not accused D. less serious physical injury
committed the offense is clear 75. Considering the nature of the offense committed by A,
63. It is a forcible depredation on the high seas without lawful SP01 T. Anga should:
authority and done with animo furandi and in the spirit A. file the case directly with the court
and intention of universal hostility B. instruct B to file the matter first before the
A. Mutiny barangay C
B. Piracy C. file the case before the prosecutor’s office
C. Espionage D. file the case himself before the brgy court
D. Sedition 76. Assuming that the result of the action of A was death,
64. What is that rule where an offended party may intervene instead of mere physical injuries against B, SP01 T. Anga
in the proceeding personally or through a counsel?
 should, in his investigation and report concentrate and D. within 15 days from the date of pre-trial
stress on: conference
A. whether or not A was drunk at the time 85. Assuming that A’s appeal was filed 30 days after his
B. the Barangay Court has no jurisdiction over the counsel de oficio learned of the judgment, the appeal
case should
C. whether or not B was also drunk A. Not be given due course, because the judgment
D. None of the above which were rendered after trial was obviously
77. Assuming that A was drunk at the time that he committed correct anyway
the offense, his drunkenness would be considered as: B. be given due course because it was filed within the
A. mitigating circumstance reglamentary period
B. aggravating circumstance C. not be given due course because the confession
C. exempting circumstance was really inadmissible against A and the judgment
D. alternative circumstance of conviction must be reversed
Situation 2 – A and B who are brother-in-laws, are also mortal D. None of these
enemies. One time, A threatened to kill B. A has a 86. The Judiciary Reorganization Act of 1980 (BP Blg 129) took
common reputation of being a killer. One night in a effect on
lighted place, A suddenly stabbed B from behind. Before A. January 17, 1983
A could escape, B was able to identify him. As B lay B. August 1, 1983
wounded, SP01 Mahabagin responded and to whom B C. January 1, 1983
pointed to A as the one who attacked him. SP01 arrested D. December 1, 1980
B on the basis of such declaration. 87. Criminal jurisdiction over the subject matter shall be
78. Based on situation # 2, which of the following best determined by the
describes the statement of A? A. law enforced at the time of the commission of the
A. Circumstantial offense
B. Corroborative B. law enforced at the time of trial
C. Hearsay C. law enforced at the time of the institution/filing of
D. Direct the offense
79. What crime was committed by A that night time of the D. law enforced at the time of the discovery of the
stabbing? offense A
A. Parricide 88. Criminal procedure is a
B. Grave threats A. substantive law
C. Homicide B. constitutional law
D. Murder C. administrative law
80. Assuming that B was dying at the time that he informed D. procedural or remedial law
SP01 Mahabagin of the identity of his notorious assailant D
and believing that he was dying at the time, but he did 89. The stage of a judicial proceeding whereby the accused
not actually die, what basis could be used to establish shall be informed of the nature and cause of the
the identify of A? accusation against him, in compliance of the mandate of
A. Common reputation the consultation and the rules and in order to fix the
B. res gestae identity of the accused is
C. dying declaration A. criminal investigation
D. declaration against interest B. pre-trial conference
81. In the foregoing case, B’s statement identifying A as his C. preliminary investigation
assailant may not be considered a dying declaration D. arraignment and plea
because: 90. Defined as the taking of a person into custody in order
A. B’s death is indispensable that he may be bound to answer for the commission of
B. The declaration was not written an offense
C. No mention was made that B’s wound was fatal A. None of these
D. B has a grudge against A B. Custody
C. Detention or imprisonment
Situation 3 – During custodial investigation at the Central D. Investigation
Police District in Quezon City, “A” was informed of his 91. Under the law, the warrant of arrest shall remain valid
constitutional right, to remain silent and to have unless
competent and independent counsel. He decided to A. after the lapse of ten days from its issuance
waive his right to counsel and proceed to make a B. it is served or lifted
statement admitting commission of a robbery. C. after the lapse of the period for the police to
execute the same
82. A’s statement is inadmissible in evidence against him D. after the lapse of the period for the police to make
because his report
A. The right to remain silent and to counsel cannot be 92. The procedure which allows the affidavit or counter-
waived affidavit of the parties or their witnesses to constitute as
B. it was not made in the presence of the counsel their direct oral testimony in the case, subject however
C. The waiver was not made in writing and in the to cross examination
presence of the counsel A. Revised Rule on Summary Procedure
D. It was not made in writing B. Revised Rules on Criminal Procedure
83. Assuming that all conditions in the waiver were properly C. Revised Rules on Evidence
observed except the right to counsel which was waived D. Revised Penal Code
because A could not afford the service of one, A’s 93. The right of an accused to bail is a matter of right in those
statement will be cases -
A. Admissible because A was informed of his right to A. falling within the jurisdiction of the RTC before or
counsel but he could not afford to hire one after conviction, except capital offenses
B. Inadmissible because A must be provided with B. falling within the jurisdiction of the MTC before or
counsel free of charge after conviction
C. admissible because A did not insist on his right to C. falling within the jurisdiction of the RTC where the
counsel and he voluntarily waived it penalty for the offense does not exceed twenty
D. admissible in evidence against him because all the years imprisonment
conditions were present in the waiver D. all of these
94. Preliminary investigation is required in those criminal
84. Assuming that the public persecutor on the basis of the cases where the penalty provided by law for the offense
now written confession of A, who waived his right of charged is
counsel because he could not afford one, filed the A. over 6 years imprisonment regardless of the
information against him and the judge after trial, amount of fine
convicted A on the basis of his written confession. A B. exceeding 6 years imprisonment irrespective of the
would like to appeal his case to a higher court. The amount of fine
appeal should be filed - C. at least 4 years, 2 months and 1 day of
A. with 30 days from the time A’s counsel de oficio imprisonment irrespective of the amount of fine
who was absent of the time of the promulgation D. not exceeding 6 years imprisonment irrespective of
received a written copy of the judgment of the amount of fine
conviction. 95. Violation of City or municipal ordinance are within the
B. within 30 days from the date the case was A. concurrent jurisdiction of the RTC and MTC
submitted for resolution B. exclusive original jurisdiction of the RTC
C. within 15 days from the promulgation of judgment 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