CRIMINAL LAW AND JURISPRUDENCE

INSTRUCTION: Select the correct answer for each of the following questions.
Mark only one answer for each item by shading the box corresponding to the
letter of your choice on the answer sheet provided. STRICTLY NO ERASURES
ALLOWED. Use pencil no. 2 only.

1. Which of the following does NOT qualify the crime of direct assault?
A. The offender is a member of the PNP C. Using a bolo
B. Slapping a Barangay Chairman D. Evident premeditation

2. One who has been sentenced to destierro_____

A. Cannot commit jail-breaking or evasion of sentence because such
penalty does not involve a term of imprisonment
B. Can commit jail-breaking or evasion of sentence because such
penalty does not involve a term of imprisonment
C. Can commit jail-breaking or evasion of sentence because such
penalty involves deprivation of liberty
D. Can commit jail-breaking or evasion of sentence even if such
penalty does not involve a term of imprisonment

3. Which of the following is NOT an essential requisite of the crime of

arbitrary detention?
A. The offender detains a person
B. The offender is a public officer or employee
C. The detention must be temporary
D. The detention must be without legal grounds

4. The husband, who, while struggling for the possession of the gun with his
children, without intent to kill anyone, pulled a trigger of the gun which
exploded and hit common-law wife who was approaching them. What
crime did the husband commit, if any?
A. Homicide
B. Parricide through reckless imprudence
C. Homicide through reckless imprudence
D. Murder

5. To justify a crime committed under the defense of a stranger, the person

defending should not be induced by___
A. Reason C. Relative
B. Resentment D. Remorse

6. When impossible crime becomes punishable?

A. When it is consummated C. When it is attempted
B. When it is frustrated D. When it is intentional

7. The phrase “Stand ground when in the right” means___.

A. A person need not retreat against an unlawful aggressor but he is not
expected to fight back
B. A person need not retreat against an unlawful aggressor but must
defend himself by fighting back
C. A person attacked must retreat but must fight back when caught by his
aggressor

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 D. A person must launch a counter-attack when attacked by his aggressor

8. A person who has cooperated in the commission of the crime by previous

or simultaneous act is known as____.
A. Principal by induction
B. Principal by indispensable cooperation
C. Principal by direct participation
D. Accomplice

9. What is the crime committed when the same is a necessary element for
the commission of another like kidnapping with serious physical injury of
or robbery with homicide?
A. Compound crime C. Complex crime proper
B. Special complex crime D. Continuing or continued crime

10. If the person who helps or removes the escape of prisoner is not the
custodian, he is liable for___.
A. Infidelity on the custody of the prisoner
B. Delivering prisoners from jail
A. Evasion of service of sentence
B. Allowing the escape of prisoner

11. Carlo robbed Mike by poking a gun at him and divesting him of his wallet,
cell phone, lap top and watch. Thereafter, as part of his plan he makes
Mike make a run for his life and then, he shoots Mike while he was
running away. What is Carlo’s liability?
A. Robbery with murder C. Robbery with violence or intimidation
B. Robbery with homicide D. Robbery with force upon things

12. Fred recently found out that his wife was have an affair. While his wife was
taking a nap one afternoon, Fred set fire to their house to kill his wife. As a
result, the house burned down and Fred’s wife dies. What is the liability of
Fred?
A. Arson C. murder
B. Homicide D. Parricide

13. Ray is an Intelligence Officer (IO) of the Philippine Drug Enforcement

Agency (PDEA). As IO, he is one of the confidential assistant to the
Director General. By reason of his position, he is had the access to the list
of personalities who are in the target list of the PDEA. In such list is the
name of showbiz personality who is suspected to be a supplier of illegal
drugs among actors and actresses. Ray delivers a copy of the list to a
friend who works with the Philippine Daily Inquirer. The Inquirer published
the list. What is the liability of Ray?

A. Removal, concealment or destruction of documents

B. Revelation of secrets by an officer
C. Public officer revealing secrets of private individuals
D. Espionage

14. The question in a trial of a case such as “Did you see the accused shot
the victim”? is not allowed under the rules on evidence because it is a:

A. Incriminating question C. Hearsay

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 B. Misleading question D. Leading question

15. Leading questions are not allowed except on the following cases. Which of
the following is NOT an exception?
A. Direct examination
B. On cross examination
C. On preliminary matters
D. When there is difficulty to get direct answers ignorant/child witness.

16. What do you call the statement made by a wounded offended party
immediately after he received several stab or gunshot wounds narrating
the circumstances thereof which is admissible in evidence and which may
be taken as part of –
A. Res judicata C. Res gestae

B. Res inter alios acta D. Res ipsa luquitor

17. X stabbed Y a mentally deranged person, when the latter’s back was
turned against the former. Despite of this Y was positively sure that it was
X who stabbed him because only X had the reason to do such a thing to
him because of an old grudge between them. Upon being brought to the
hospital and in critical condition in the intensive care unit, PCpl A was able
to interview Y. Y disclosed to PCpl A that it was X who stabbed him. A few
days thereafter Y expired. What would establish the identity of the
accused, or to put it in another way, what would you call the statement of
Y?
A. Res gestae C. Direct testimony
B. Dying declaration D. Corroborative evidence

18. In the above case, assuming that Y did not die because of skillful medical
intervention, but during the precise time that he believed that death was
impending, he actually confided to PCpl A that it was X who stabbed him,
what then would become of Y’s statement?
A. It becomes a dying declaration
B. It becomes parts of the res gestae
C. It becomes a direct testimony against X
D. It becomes useless as evidence

19. In relation to the above case again, in reality the statement of X might not
become admissible in evidence either as a dying declaration or parts of
the res gestae because of the absence of this element:
A.The death is imminent and the declarant is conscious of that fact
B. The preliminary facts which bring the declaration within its scope be
made to appear
C. The declarations relates to the facts or circumstances pertaining g to
the fatal injury or death
D. The declarant would have been competent to testify had he survived.

20. Which component of human rights that is consist of set of measures,

approaches, and initiatives designed to realize the right concerned?
A. Subject or a Right-Holder
B. Duty Holder
C. Object
D. Implementation

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