CRIMINAL LAW AND JURISPRUDENCE

1. How many years you would have if you committed a crime where the imposable penalty is
correctional as provided under article 25 of the Revised Penal Code?
A. 15
B. 10
C. 5
D. 1

2. Crime maybe an act or omission punishable by law. Which of the following is a crime of
omission?
A. Treason
B. Misprision of treason
C. Espionage
D. NOTA

3. Mr. Gin a Chinese national stab Mr. Bilog a Mexican national while the pantranco vessel is in
manila bay. Is mr. Gin liable under our criminal law?
A. Yes, because we follow French rule
B. Yes, by reason of preferential application of criminal law under article 2 of RPC
C. Yes, because the act is committed in the Philippine territory
D. No because we follow English Rule

4. Mr. Gin Bilog assault Mr. Empe Ligth.

A. Felony
B. Physical Injury
C. Slight Physical Injury
D. Homicide

5. Factum Probans: Evidentiary Facts, Factum Probandum :_____________

A. Burden of evidence
B. Burden of Proof
C. Ultimate Fact
D. Ultimate Evidence

6. If a case is probationaly dismiss where the imposable penalty is below 6 years, how many
year would pass in order that it would not revived ?
A. 1
B. 2
C. 3
D. 4

7. It is determined by reasoning, logic and experience?

A. Relevant
B. Conclusive
C. Competent
D. Material

8. Mr. Gin Bilog saw Ms. Oishi Yam naked and crying in front of Mr. Matador when the former
asked the latter what did he done to Ms. Oishi Yam, he ignore and just walk away. The
above scenario is a classic example of_____________
A. Res gastae
B. Admission
 C. Res enter alias acta
D. Admission by silence

9. Mr. Gin Bilog was unlawfully arrested by PO2 Tanduay Rhum, can the former question the
legality of arrest if he posted bail and participated in all proceeding?
A. Yes, because posting bail is not a bar in questioning the legality of arrest
B. Yes, because it is not a bar to file a motion to quash
C. No, because it is a waiver of his right
D. No, it has no bearing to the case may be

10. In the degree of participation who perform a prior and concurrent act?
A. Accessory
B. Accomplice
C. Principal
D. Conspirator

11. Material crime has a stage of execution they are attempted, frustrated and consummated.
What phase of execution where the culprit had still control of his act?
A. Subjective
B. Attempted
C. Objective
D. Frustrated

Situation- Alden enter the house of yayadub.

12. Supposing Alden is a police officer and he enter the house of yayadub against the latter will.
What is the crime committed?
A. Trespassing
B. Trespass to dwelling
C. Violation of domicile
D. Unlawful entry

13. Supposing yayadub consented PO1 Alden, is the latter still liable?
A. Yes, Alden is liable for trespassing
B. Yes, Alden is liable for violation of domicile if he enters without implied consent
C. Yes, Alden is liable for violation of domicile if he searched without consent of yayadub
D. Yes, Alden is liable for trespass to dwelling

14. Supposing Alden is private individual. What crime committed?

A. Trespassing
B. Trespass to dwelling
C. Expulsion
D. Unlawful entry

15. Supposing yayadub is busy in watching La Luna Sangre, and by reason of this situation she
did not notice when PO1 Alden enter her house. What is the crime committed by PO1 Alden
if he refuse to leave while being commanded by Yayadub ?
A. Violation of domicile
B. Trespass to dwelling
C. Expulsion
D. Unlawful entry

16. Is conspiracy and proposal to commit crime is punishable?

A. Yes
 B. Yes, because it generally punishable
C. No, except provided by law
D. No, because it not provided by law

17. All except one are crimes against national security?

A. Rebellion
B. Espionage
C. Piracy
D. Mutiny

Situation- 18-21 Mr. Gin Bilog stab Mr. Matador to Death.

18. Supposing Mr. Gin Bilog is illegitimate father of Mr. Matador?
A. Parricide
B. Homicide
C. Murder
D. Infanticide

19. Supposing Matador is 72 hours old and he was killed by Gin Bilog who is the former
illegitimate grandfather. What is the crime committed by Gin Bilog?
A. Homicide
B. Murder
C. Infanticide
D. Parricide

20. Supposing Gin Bilog killed his Brother Matador because of heated argument. What is the
crime committed by Gin Bilog?
A. Homicide
B. Murder
C. Infanticide
D. Parricide

21. Supposing Matador killed his son Gin Bilog who is 2 days old. What is the crime committed
by Matador?
A. Homicide
B. Murder
C. Infanticide
D. Parricide

22. How many years you would hide if you committed homicide?
A. 5
B. 10
C. 15
D. 20

23. PO3 Tanduay is a religious member of PNP and sometimes he wrote some bible verse in
his tickler, at the hearing PO3 Tanduay is a witness of prosecution and he was asked by the defense
during cross examination. Is PO3 Tanduay allowed to review his tickler?
A. NO
B. Yes, subject to examination of adverse party
C. No, it has no bearing to the case
D. Yes, it is relevant

24. Within how many hours should a police officer deliver an arrested person under warrant
 Of arrest if the crime committed is murder?
A. 12 B. 18 C. 36 D. NOTA

25. Under art.11 of RPC Justifying circumstances, there is no criminal and civil liability except?
A. Defense to relative B. Defense to stranger
C. State of necessity D. Performance of duty

26. In what cases a bail is a matter of discretion?

A. Before conviction in MTC
B. After conviction in MTC
C. Before conviction in RTC for a crime not punishable by Reclusion perpetua, Life imprisonment
or Death
D. Upon conviction in RTC for a crime not punishable by Reclusion perpetua, Life imprisonment
or Death

27. Which of the following defense admit a valid excused of criminal liability?
A. error in personae B. Aberatio Ictus
C. Mistake of fact D. Preater Intentionem

28. Which of the following Mitigate a criminal liability?

A. error in personae B. Aberatio Ictus
C. Mistake of fact D. Preater Intentionem

29. Under our criminal law is imprudence and negligence a crime itself?
A. Yes B. No C. True D. False

30. Can a woman be held liable under RA 9262(VAWC) ?

A. No B. Yes C. True D. False

31.In criminal case an offer of compromise maybe received as what?

A. Implied admission of guilt B. Express admission of guilt
C. Evidence D. Relevant

32. The following are the requisites for the issuance of a search warrant EXCEPT :
a. It must be issued upon probable cause
b. The probable cause must be determined personally by the judge
c. Particularly describing the place to be searched
d. Particularly describing the person to be seized.

33. What doctrine allows evidence obtained by the police officers in an illegal searched and seizures
to be used against the accused?
a. Exclusionary doctrine b. Miranda ruling
c. Fruit of poisonous tree d. Silver plater

34. What doctrine does not allowed evidence obtained by the police officers in an illegal searched
and seizures to be used against the accused?
a. Exclusionary doctrine b. Miranda ruling
c. Fruit of poisonous tree d. Silver plater

35. What do you call the record of the court where the proceedings of the court or the judgment of
the court is recorded in case the accused failed to appear for the promulgation of judgment despite
notice?
a. Log book b. Record book
c. Criminal docket book d. Folio of the case.

36. Requisite before recall of a witness.

a. Leading Question b. Misleading Question
c. Impeachment d. Leave of Court

37. when the evidence presented in court during trial by the state and the accused are of equal
weight, which will prevail?
A. it depends B. Accused
C. State D. None

38. in self-defense, from whom shall the unlawful aggression come from?
A. Defender B. Victim
C. None D. Other person
39. Generally our criminal law are applicable only within the Philippine territory. However, there are
instances wherein our penal laws maybe operative even in foreign countries. It is what we call
what ?
a. none b. extraterritoriality
c. universally d. internationally

40. one of the characteristic of our criminal law is prospective which simply means no retroactive
effect. Before its effectivity, it is not punishable. Does the argument accept an exception?
a. yes b. it depends
c. no d. possible

41. in the study of criminal law, especially laws outside RPC, is good faith in committing a crime
against special law a defense?
a. yes b. no c. it depends d. maybe

42. the following are the requisite of valid exercise of criminal jurisdiction, except?
a. jurisdiction over the person
b. jurisdiction over the territory
c. jurisdiction over the subject matter
d. jurisdiction over the penalty

43. PO1 Rey Christian, arrested Mr. Cyrus M. Atador while the latter is attempting to commit a crime.
what should be present in order that the arrest made by PO1 Rey Christian is valid?
a. internal act b. overt act
c. probable cause d. objective phase

44. it declare what act are punishable?

a. criminal law b. substantive
c. criminal procedure d. remedial

45. it declare how the act is to be punish?

a. criminal law b. substantive
c. criminal procedure d. remedial

46. It is a legislative enactment that inflicts punishment for a crime without judicial trial.
a. Ex post facto law b. Bill of attainder
c. Enrolled bill d. Expose facto law
47. It is incurred by any person who are, committing a felony although the wrongful act done be
different from what he intended to do.
a. Felonious act b. Offense
c. Criminal liability d. Civil liability

48. It may be defined as the forfeiture of the right of the government to execute the final sentence
after the lapse of a certain time fixed by law.
a. Impossible crime b. Prescription of penalty
c. Prescription of crime d. None of the above

49. At what time may the accused move to quash the complaint or information?
a. At any time before his arrest
b. Only after entering his plea
c. At any time before entering his plea
d. All of the foregoing

50. A person designated to assist destitute litigants.

a. Counsel b. Attorney at law
c. Attorney on record d. Counsel de officio
51. can you arrest a person without warrant?
a. true b. yes c. no d. false

52. Under this theory, man is considered as an essentially moral creature with an absolute freewill to
choose between good and evil, therefore, he should be judged or held accountable for his wrongful
acts for as his will is unimpaired.
a. Justice or Classical theory b. Positivist or Realistic theory
c. Territoriality d. None of the foregoing

53. A judgment become final after the lapse of the period for-
a. Presentation of evidence by the prosecution
b. Presentation of evidence by the defense counsel
c. Perfecting an appeal
d. All of the foregoing

54. Any lawyer or members of the bar shall, at the request of the person arrested or of another
acting in his behalf, have the right to visit and confer privately with such person, in jail or any other
place of custody at what?
a. Any hour of the working day only
b. Any hour of the day or, in urgent cases, of the night
c. Any hour of Saturdays and Sundays
d. Any hour of the designated visiting day only

55. All persons, having organs of sense, can perceive and perceiving, and can make their perception
to others, may be-
a. Witness b. Prosecutor
c. Defense counsel d. All of the foregoing

56. It is a doctrine usually applied where the police officers are not searching for evidence against
the accused but nonetheless inadvertently come across incriminating objects.
a. Waiver or consented search b. Stop and frisk
c. In flagrante delicto d. Plain view

57. The following are the requisites of an information except-

a. It must be filed by the offended party
b. It must charge the person with an offense
c. It must be subscribed by the prosecutor
d. It must be in writing

58. What crime exists when a single act constitutes two or more grave or less grave felonies or when
the offense is necessary means for committing the other?
a. Complex crime b. Continuing crime
c. Compound crime d. All of the above

59. In what instances is a warrant of arrest is not necessary?

a. If the accused is already under detention
b. If the complaint or information was filed after the accused was lawfully arrested without warrant
c. When the penalty is fine only
d. All of the Foregoing.

60. Alpha with intent to kill fired his revolver to Bravo and inflicted a fatal wound. Alpha brought
Bravo to the hospital and due to immediate medical assistance, Bravo survived. What crime did
Alpha committed?
a. Physical injuries b. Frustrated homicide
c. Frustrated murder d. No criminal liability

61. In what instances is a warrant of arrest is not necessary?

a. If the accused is already under detention
b. If the complaint or information was filed after the accused was lawfully arrested without warrant
c. When the penalty is fine only
d. All of the Foregoing.

62. What is defined as the means sanctioned by the rules of ascertaining the judicial proceeding the
truth respecting a matter of fact.
a. Evidence b. Investigation
c. Procedure d. Trial

63. During the pending of his case, Mr. Rey died due to heart attack. His untimely death resulted in
what?
a. Postponement of the case b. Suspension of the case
c. Dismissal of the case d. None of the above

64. What if the offended party is a corporation, how do you indicate it in the complaint or
information?
a. Leave it blank b. State the name of the corporation
c. Aver it in the charge sheet d. State the name of the owner of the corporation

65. Refers to the family history or descendant transmitted from one generation to another.
a. Pedigree b. Reputation
c. Privies d. None of the above

66. It is the loss or forfeiture of the right of the state to prosecute a crime because of the lapse of
time.
a. Prescription of penalty b. Prescription of Crime
c. Conditional pardon d. Good conduct allowance
67. It is defined as those which would have been crimes against persons or properties were if not for
the inherent impossibility of its accomplishment on account of the use of inadequate or ineffectual
means.
a. Proximate cause b. Impossible crimes
c. Formal crimes d. Material crimes

68-71 SITUATION---
Mr. Rey Christian, facilitate the escape of Mr. Cyrus M. Atador.

68. Supposing, Cyrus is a principal in a crime of rape and he was assisted by Rey christian in
escaping. Is Mr. Rey Christian liable?
a. yes, liable as an accessory b. yes, liable as accomplice
c. yes liable as principal d. NO.

69. In relation to question number 68. Supposing, Rey Christian is a police officer. What is the
liability of Mr. Rey?
a. accessory b. accomplice c. principal d. dereliction of duty

70. Supposing, Cyrus and Rey are brother, and the latter assisted the former to escape. Is Mr. Rey
Christian liable?
a. yes b. no c. true d. false

71. supposing, Mr. Cyrus is accomplice in the crime of murder and he was assisted by his brother
Christian to escape. What is the liability of Christian?
a. accessory b. accomplice c. principal d. None

72. the degree of proof required in criminal case to convict the accused is :
a. moral certainty b. preponderance of evidence
c. proof beyond reasonable doubt d. substantial evidence

73. It is a kind of aggravating circumstances that apply only to a certain crime?

a. generic b. specific c. inherent d. qualifying

74. what do you call the quantum of evidence which a reasonable mind might accept as sufficient to
justify a conclusion?
a. substantial b. proper c. appropriate d. adequate

75. what do you call that aggravating circumstances which apply to all crimes?
a. generic b. special c. inherent d. qualifying

76. the following are mitigating circumstances, except?

a. obfuscation b. voluntary plea of guilt c. voluntary surrender d. state of necessity

77. the following are exempting circumstances, except?

a. imbecility b. insuperable cause c. lawful cause d. fulfillment of duty

78. How many Book does our criminal law have?

a. 2 b. 3 c. 4 d. 5

79. the power to enact penal laws belongs to what?

a. executive b. judicial c. legislative d. police power

80. it is an inherent power of the state to define and punish a crime?

a. executive power b. judicial power c. legislative power d. police power

81. there is complex crime when:

I. When a single act constitutes two or more grave or less grave felonies
II. When an offense is necessary means of committing the other
II. Compound crime because the single act of shooting resulted two or more grave felonies
A. I and II B. II only C. I, II, III D. III only

82. Artemio punched Ninio, when the latter lost his consciousness, R-jay stab him which resulted to
his instantaneous death. ARTEMIO is principal of Physical injury while R-JAY is what?
A. Accomplice B. Principal
C. Accessory D. Principal in the crime of homicide

83. Cyrus Mcleo proposed to Rey that they rob a certain store, to which Rey agreed, later, however,
Cyrus Mcleo undertook the robbery alone and made off with 90,000.00 cash. The following day, after
making shallow explanation, Cyrus Mcleo apologized to Rey and gave the latter 20,000.00 which
Rey somewhat grudgingly accepted. What is Rey liability? If any
A. Principal B. Accessory C. Accomplice D. Conspirator

84. City mayor Solomon was charge for violation of RA 9165. The ombudsman conducted
preliminary investigation, if probable cause exists and an information was filed. What court have a
valid jurisdiction?
A. Sandigan Bayan B. RTC
C. Supreme court D. C.A

85. Generally, bail is not allowed when the judgment of conviction becomes final and executory.
thus the argument accepts an exception?
A. Yes B. No C. True D. False

86. Artemio a Moro, with five wives who are all living with him, kills by means of poison his second
wife married by him is liable for?
A. Parricide B. Homicide C. Murder D. No criminal liability

87. The following are crimes classified as physical injury EXCEPT?

A. Abortion B. Mutilation C. Serious Physical Injury D. Maltraetment
88. All except one are not Person in Authority?
A. Chief PNP B. Mayor C. Governor D. Police Officer 1

89. Rey hates Cyrus because of his attitude, one day Cyrus left his house not knowing that Rey has
following his daily routine. Taking advantage of the situation Rey burned the house of Cyrus thereby
sows and creates fear and panic among the populace, Rey coerce the government that he would
continue his act if Cyrus will return. What is the crime committed by Rey?
A. Arson B. Qualified Arson C. Terrorism D. Malicious Mischief

90. in the crime of adultery, the offender is the married what?

A. Man B. Lover C. Paramour D. Woman

91. Can an adopted child be held liable for parricide if he would kill his adopted parents?
A. Yes, if the victim is the biological parents B. No, because only blood relation
C. Yes, because he killed his parents D. No, because there is no blood relationship

92. Zuseth and Jazle are best friends. To seal their mutual they “come to agreement what may” they
will help each other until death they sealed their covenant with their blood. Frustrated because his
sweetheart left him, Zuseth asked Jazle to push him immediately before the train passes near their
house and as a result, Zuseth died. However, before Zuseth died, she thanked her bestfriend Jazle
for job well done. What is the crime committed by Jazle?
A. Assisted in killing B. Giving assistance to a person committing a suicide
C. Death under tumultuous affray D. No crime at all

93. Insurrection as one of the crime against public order, the principal movement is not to overthrow
the government but to affect what kind of changes in the government?
A. Minor B. Specific C. General D. Major
Situation number 94-95
Mike Bahatan, a taxi driver, had an indebtedness in the sum of 100,000 Pesos which would become
due in two weeks. He was starting to worry because he still had not raised the amount to pay for his
debt. Every day, he had prayed for devine intervention. One night, while returning the taxi to the
garage, he found a wallet on the back seat. Inspecting it, he learned that it contained exactly
100,000 Pesos cash. Thinking it was a devine intervention, and that his prayer was answered, he
took the money and used it to pay his debt.

94. what crime, if any, did Mike commit?

A. Theft B. Estafa C. Malversation D. Robbery

95. supposing, instead of using the money, Mike turned over the wallet and its contents to the
nearby police station, and it was the chief of police of that station who appropriated the money for his
own benefit, What crime was committed by the chief of police?
A. Theft B. Estafa C. Malversation D. Robbery

96. Is there an impossible crime of adultery?

A. Yes B. Maybe C. No D. It depends
Situation number 97-98
Richard after heated argument over his philandering wife, Richard punched on the face his wife
Lalaine, who was six months pregnant. Because of impact, lalaine lost her balance, fell on the floor
with her head hitting a hard object. Lalaine died and the child was expelled prematurely. After 36
hours, the child died.

97. What crimes did Richard commit?

A. parricide and infanticide B. Homicide with Abortion
C. parricide with infanticide D. Parricide with un intentional abortion

98. What if Lalaine survived but the fetus died inside the womb of Lalaine. What is the crime
committed?
A. Abortion B. Infanticide
C. Unintentional Abortion D. Reckless imprudence resulting in Homicide
Situation number 99-100
Mr. Cyrus is angry with Mr. Rey. One day, when Mr. Rey left for town, Mr. Cyrus went to his nipa hut
and deliberately damaged and remove the sawali sidings of Mr. Rey house. Contented with the
damage and he was about to leave the scene when he decided that he could use the sidings of Mr.
Rey house to repair his house so, he took it home.

99. Mr. Cyrus is liable for what?

A. Malicious mischief B. Destruction of property
C. Theft D. Robbery

100. one of the following statement is true. Mr. Cyrus is _______________?

A. Liable for Malicious mischief B. Not liable of any crime
C. Liable for Theft D. Liable for robbery