PRE-TEST in Criminal Law and Jurisprudence

1. It comprises all the means used to enforce those standards of conduct, which are deemed necessary to
protect individuals and to maintain general community well- being.
a. Justice Cycle c. Criminal Justice System
b. Science of Justice d. Crime Justice system

2. Which among the following criminal justice model is based on the idea that the most important
functions of the pillars of the Criminal Justice System are the protection of the public and the repression of
criminal conduct?
a. Crime Control c. Crime Detection
b. Crime Prevention d. Crime Reduction

3. What do you call the arrest made by an ordinary citizen of the community under the conditions
prescribed in Rule 113, Section 5, of the Revised Rules of Court?
a. Ordinary Arrest c. Police Apprehension
b. Warranted Arrest d. Warrantless Arrest

4. When in his presence, the person to be arrested has committed, is actually committing or is attempting
to commit an offense is a scenario which can also be called as..
a. Hot Pursuit c. Fugitives from Justice
b. In flagrante Delicto d. Prisoners Arrest

5. Which pillar supervises and controls the training and operations of security agencies and issues
licenses to operate security agencies, and to security guards and private detective, on the practice of their
profession?
a. Court c. Law Enforcement
b. Corrections d. Prosecution

6. In bringing the offender to the folds of the law and assisting in their conviction, what is the role of the
police when the case is under trial?
a. Act as witness in favor of the defense
b. Act as a witness in favor of the prosecution
c. Be responsible for the detention of the accused
d. Provide the court with evidence

7. What do you call the order issued by the investigating prosecutor to compel the presence of the
accused in a particular time and date?
a. Subpoena c. Mandamus
b. Certiorari d. Quo Warranto

8. The following are the officers authorized by the law to reverse the resolution of the investigating
prosecutor, except.
a. City Fiscal c. Secretary of Justice
b. State Prosecutor d. Chief, Public Attorney’s Office

9. What serves as a basis in charging or prosecuting a person with an offense?

a. Probable Cause c. Raw Information
b. Judge’s Whim d. Intelligence Report

10. Under the Miranda Doctrine, the accused has the following rights, except.
a. The right to remain silent.
b. The right to counsel of his own choice.
c. The right to be informed of the nature and cause of the accusation against him.
d. The right to appeal in an adverse judgment.

11. It refers to the grass root approach undertaken to bring the people and the police closer together in
more cooperative condition.
a. People Power c. Power Cooperation
b. Team Policing d. Community Empowerment
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 12. It is a written direction or command of the court or any other competent authority consigning an
offender to jail or prison for confinement.
a. Detention Paper c. Imprisonment Ruling
b. Commitment Order d. Incarceration Memo

13. The following are the prosecutor’s functions, except.

a. To render judgment.
b. To conduct preliminary investigation.
c. To represent the government during trial.
d. To make recommendation during inquest.

14. It is under the supervision and the control of Department of Justice and is tasked as the prosecutorial
arm of the government.
a. Ombudsman c. National Prosecution Service
b. Sandiganbayan d. Truth Commission

15. Which of the following determines jurisdiction in criminal cases?

a. Residence of the victim c. Place where the judge lives
b. Residence of the accused d. Place where the crime was committed

16. This was established under Batas Pambansa 129 known as “The Judiciary Reorganization Act of
1980”, in which this court is composed one (1) Presiding Justice and Sixty-eight (68) Associate Justices.
a. Court of Appeals c. Family Court
b. Sandiganbayan d. Supreme Court

17. It is the law that provides for Barangay Court System.

a. Republic Act 4864 c. Republic Act 5487
b. Republic Act 6975 d. Republic Act 7160

18. The following are the legal grounds for detention under Philippine laws, except.
a. Violent insanity c. Disease requiring immediate medical attention
b. Commission of a crime d. Filing an administrative case against the Chief of Police

19. The initiator of action in the Philippine Criminal Justice System?

a. Court c. Corrections
b. Prosecution d. Law Enforcement

20. A complainant or information is sufficient if it states the following, except.

a. Number of witnesses
b. Name of accused
c. Designation of the offense given by the statute
d. Act of omission and complained of as constituting the offense
21. It is tasked for the treatment and rehabilitation of National Prisoners, which is under the Department
of Justice.
a. Bureau of Jails c. Bureau of Correction
b. Bureau of Prisons d. Bureau of Punishment
22. Conceptually, CJS process begins with the..
a. DETECTION OF CRIME c. BOOKING OF CRIME
b. COMMISSION OF CRIME d. CHARGING OF CRIME

23. Being the machinery installed by the State, CJS has the primary goal of crime prevention, control
and.. a. CRIME MULTIPLICATION c. CRIME DETERRENCE
b. CRIME SUBSTITUTION d. CRIME REFERENCE

24. “Under Rule 113 of the Rules of Court, any peace officer is absolutely cannot arrest a person
without a warrant as he/she can be charged of illegal arrest.”
a. YES, IT IS. b. ABSOLUTELY YES. c. DOUBTFULLY TRUE. d. NO, IT’S NOT.

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 25. Deficiencies in the CJS can be manifested by the following circumstances, except.
a. Poor linkage or relationship among the five pillars
b. Poor image or credibility of and controversies in law enforcement
c. Widespread indifference and apathy of the community
d. Proper disposition of cases by the prosecution and court

26. During trial of a criminal case, it is the prosecutor who directs the prosecution of the offense and
he/she did it on the behalf of the state. Once a case is elevated to the higher court, such as Court of
Appeals, who represents the State in the prosecution of the offense?
a. Chief State Prosecutor c. Solicitor General
b. National or provincial prosecutor d. Judge

27. Justice according to the Supreme Court is symbolically represented by a blindfolded woman
holding a sword and with a balance, meaning it is..
a. Administered with respect to persons
b. Administered without respect to persons, equality to poor and the rich
c. Administered without respect to persons, equality to poor people
d. Administered with respect to persons, Equality and Treatment

28. The basic weapon of a police officer is..

a. Gun b. Uniform c. Whistle d. Knowledge of law

29. In cases committed by public officer with salary grade 27 and above in violation of Act 3019,
R.A. 1379 or Art. 210-212 of the Revised Penal Code, a complaint should first be filed to the office
of _________________ for the conduct of the required preliminary investigation.
a. Ombudsman b. Judge of MTC c. Solicitor General d. the President

30. A pillar of CJS which occupies a unique position in Philippine Criminal Justice System serving as
the lawyer of the State or government in criminal cases.
a. law enforcement c. prosecution
b. court d. correction

31. “Human rights education is grounded on human rights principles – universal in nature, as expressed in
the United Nations Charter, Universal Declaration of Human Rights and subsequent human rights
documents.” Generally, the statement is..
a. misleading, not a United Nations initiative. c. not correct, definitely a hoax.
b. correct, it’s largely adopted by most nations. d. leading, a United Nations backlog.

32. Human rights education differs from moral education, citizenship education, or other related educational
endeavors precisely because it takes its authority and is relevance from these _________________ values.”
a. institutional b. educational c. constitutional d. universal

33. Human rights values is inherent in all methods for teaching human rights, as part of universal principles
for human rights, and that includes in the area of law enforcement.
a. True b. False c. Neither d. Doubtful

34. In the Philippines 2018 Human Rights Report, _________________________ have been the chief human
rights concern in the country.
a. extrajudicial killings c. arbitrary detention
b. torture d. disappearance

35. “In the 2017 killing of juvenile Kian delos Santos, prosecutors and the courts moved swiftly to hold the
policemen directly responsible to account. Eventually, the Caloocan City Regional Trial Court found three
police officers guilty of the killing, sentencing each to 40 years’ imprisonment and ordering them to pay the
victim’s family 345,000 pesos.”
a. part of the usual court proceedings c. no violation of human rights, coincidental only
b. an example of human rights violation d. court’s determination of law violation

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36. Which of the following is not a felony?
A. Murder B. Homicide C. Robbery D. Illegal Possession of Firearm
37. Which of the following is an indispensable requisite of self-defense?
A. Unlawful aggression on the part of the offending party.
B. Unlawful aggression on the part of the offended party.
C. Reasonable necessity of the means employed to prevent or repel the unlawful aggression.
D. Lack of sufficient provocation on the part of the person defending himself.
38. The following totally extinguish criminal liability, except.
a. By service of the sentence. C. By prescription of the penalty.
b. By marriage of the offended woman. D. By conditional pardon.
39. Tom kidnapped Angela; a memo, for the purpose of extorting ransom from Angela’s parents. What is
the prescribe penalty for the crime committed by Tom?
a. Death B. Reclusion perpetua to death C. Reclusion temporal D. Prison mayor
40. A fine is considered to be correctional when..
a. It exceeds 6,000 pesos
b. It does not exceeds 6,000 pesos but is not less than 600 pesos
c. It does not exceeds 6,000 pesos but is not less than 200 pesos
d. It be less than 200 pesos
41. A jealous lover, who had already determined to kill his sweetheart, invited her to a ride in the
country. The girl unsuspecting of his plans, went with him. While they were in the car, the jealous
lover stabbed her. What aggravating circumstance was present?
a. Treachery C. Taking advantage of public position
b. Abuse of confidence D. Employed of craft, fraud or disguise
42. Crimes punishable by death penalty, reclusion perpetua or reclusion temporal shall prescribe in..
a. Two months B. Ten years C. Fifteen years D. Twenty years
43. It refers to those infractions of law for the commission of which the penalty of arresto menor or a
fine of not exceeding 200 pesos, or both is provided.
A. Grave felonies B. Less grave felonies C. Light felonies D. None of choices
44. It refers to those where the act of a person is said to be in accordance with the law, so that such deemed
have not transgressed the law and is free from both civil and criminal liabilities.
A. Justifying circumstances C. Mitigating circumstances
B. Exempting circumstances D. Aggravating circumstances
45. One of the aggravating circumstances provided under Art.14 of the RPC is that the..
A. act be committed with treachery.
B. offender had no intension to commit so grave a wrong as that committed.
C. offender is under a years of age.
D. offender acted under compulsion of an irresistible force.
46. Jorge enters the house of Boknoy against the will of the latter, then the former robbed Jorge. What
was the crime committed? A. Trespass to the dwelling
B. Robbery only, trespass to dwelling with against the will of the later
C. Robbery and trespass to dwelling
D. Trespass to dwelling, with against the will of the later
47. When the wrong threatened to be implicated amounted to crime. It is the case of..
A. Threat B. Grave threats C. Light threats D. Coercion
48. Blackmailing constitutes what crime?
A. Light threats B. Libel C. Coercion D. Grave threats
49. The interpretation of penal laws is liberally in favor to the accused if..
A. The law is an ambiguous and leaves room for interpretation C. B only
B. Accused is not habitual D. Both A and B
50. The act of praeter intentionem is..
A. Good faith B. With deliberate intent C. Is beyond the intent D. Pretending to be intended

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51. The victims of a robbery were detained by the offenders because of the timely arrival of the police at the
scene of the crime, such that the offenders had no choice but to resort to the detention of the victims as
hostage until arrangement for their (offenders) safe passage is made. The crime is..
A. Robbery with slight illegal detention C. Robbery only
B. Robbery with serious illegal detention D. Robbery and illegal detention

52. On a store, a vehicle bumped the wall. The wall collapsed. There was the small opening there. At night, a
man entered thru that opening, without breaking the same, the crime will already be..
A. Robbery B. Theft C. Trespass to dwelling D. Theft and robbery, if he takes property from within.

53. Any human conduct which, although not productive of some physical or material harm, would, however,
unjustly annoy an innocent person is..
A. Swindling B. Estafa C. Unjust vexation D. Malicious Mischief

54. Public disorder which is caused by more than 3 persons who are armed or provided with means of
violence. A. Alarms B. Scandals C. Charivari D. Tumultuous

55. If the defendant has showed that he was the owner of the land in question and the offended party was a
mere possessor. If in taking position of the said land, the defendant used violence or intimidation, the crime
committed is.. A. Land grabbing B. Usurpation of real right in property C. Grave coercion D. Squatting

56. It is the forfeiture or loose of right of the state to prosecute the offender after the lapsed of a certain time.
A. prescription of the crime C. Prescription of the penalty
B. prescription of the offenses D. prescription of judgment

57. Kissing a girl in public and touching her breast without lewd designs, committed with rejected suitor to
cast dishonor on the girl. What’s the crime committed?
A. acts of lasciviousness B. slander by deed C. unjust vexation D. maltreatment

58. The accused after raising the dress of the woman fall asleep and placed himself on top of her, and when
the woman awakened the accused threatened him with a knife, but because of her continued shouting and
offering resistance, a neighbor came to her rescue. What is the crime committed?
A. consummated rape B. frustrated rape C. attempted rape D. seduction
59. A man threw the girl 7 to 10 years old upon the floor, placed his private part upon or over hers and
remained in that position or made motions of sexual intercourse. Such man is guilty of?
A. seduction B. abduction C. rape D. qualified rape
60. A girl went to the church to see the pastor and upon meeting her embraced and kissed her. Then the
pastor made her lie on the board on the floor and had sexual intercourse with her. What crime committed?
A. qualified seduction B. acts of lasciviousness C. rape D. none
61. Under the international law, the following officers are immune from arrest, except.
A. prime ministers B. ambassadors C. consuls D. persons belonging to their official entourage
62. Angela charged Tom of bigamy. In his opposition, Tom contended that his marriage with Angela is
already annulled. This is an example of..
A. adultery B. concubinage C. illegal marriage D. pre-judicial question
63. In accordance with the Absolute Theory of International Law where Philippines has adopted, if a crime is
committed in an aircraft, no matter how high, as long as it can establish that it is within the Philippine
atmosphere, what law will govern?
a. PHIL. CRIMINAL LAW c. INTERNATIONAL LAW
b. UNITED NATIONS LAW d. FOREIGN LAW
64. French Rule provides that the nationality of the vessel follows the flag which the vessel flies, unless the
crime committed endangers the __________________ of a foreign country where the vessel is within
jurisdiction in which case such foreign country will never lose jurisdiction over such vessel.
a. FOREIGN SECURITY c. INTERNATIONAL SECURITY
b. LOCAL SECURITY d. NATIONAL SECURITY

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65. Juan and Juana enters Parausan Theater, a public place, and then goes to the darkest part of the balcony
and while there Juana started performing acts of lasciviousness on Juan. If there was mutuality, what crime
was committed? a. SLIPPERS & SANDAL c. PUBLIC SCANDAL
b. ALARMS & SCANDAL d. GRAVE SCANDAL

66. Under the Archipelagic Rule as declared in Article 1 of the 1987 Philippine Constitution, if a foreign
merchant vessel is in the center lane and a crime was committed there, the suspect/s will be prosecuted
before the.. a. FOREIGN COURT c. COURT MARTIAL
b. PHILIPPINE COURT d. KANGAROO COURT

67. The Latin maxim “oculo pro oculo, dente pro dente”, wherein the purpose of penalty is retribution and
the law does not look into why the offender committed the crime, is identified with that of a/an..
a. ABSOLUTE THEORY c. CLASSICAL THEORY
b. RELATIVE THEORY d. POSITIVIST THEORY

68. The offender was convicted of homicide. While serving sentence in DAPECOL, he was found smoking
marijuana. He was prosecuted for illegal use of prohibited drugs and was convicted. Is he a quasi-recidivist?
a. NO, HE’S NOT b. YES, HE IS c. MAYBE d. DOUBTFUL

69. Juan shouted at Pedro, “If you will not leave this room, I will kick you!” Juan may be liable of..
A. PHYSICAL INJURY C. COERCION
B. COMPULSION D. THREAT

70. A police officer surreptitiously placed a marijuana stick in a student’s pocket and then arrested him for
possession of marijuana cigarette. What crime can the police officer be charged with?
A. None, as it is a case of entrapment.
B. Unlawful arrest.
C. Incriminating an innocent person.
D. Complex crime of incriminating an innocent person with unlawful arrest.

71. Legality of his arrest and lack of preliminary investigation may be questioned by the accused..
A. at any stage of proceedings. C. before arraignment.
B. before posting bail. D. before arrest.

72. Which of the following remedies is available to the accused after the prosecution rests its case?
A. Motion to Quash C. Motion for New Trial
B. Motion on Demurrer to Evidence D. Motion on Preliminary Injunction

73. When the imposable penalty is death, reclusion perpetua or life imprisonment, the accused can post a bail
if the evidence is.. A. BIASED. C. NOT STRONG
B. STRONG. D. ALL OF THE CHOICES.

74. The examination of a witness in the court is in the following order..

A. DIRECT-CROSS-REDIRECT-RECROSS
B. DIRECT-REDIRECT-CROSS-RECROSS
C. CROSS-DIRECT-RECROSS-REDIRECT
D. CROSS-RECROSS-DIRECT-REDIRECT

75. When the accused did not say anything during arraignment, the court records it as a..
A. GUILTY PLEA. C. GUILTY PLEA TO LESSER OFFENSE.
B. NOT GUILTY PLEA. D. PLEA BARGAINING.

76. It is a motion to dismiss the case filed by the defense after the prosecution rests on the ground of
insufficiency of the evidence of the prosecution.
A. MOTION TO QUASH C. RES GESTAE
B. DYING DECLARATION D. DEMURRER TO EVIDENCE

77. After a plea of not guilty is entered, the accused shall have _____ days to prepare for trial.
A. 10 B. 15 C. 30 D. 60

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78. When a party or counsel willfully or deliberately commits forum shopping, the initiatory pleading may..
a. be cured by amendment of the complaint.
b. upon motion, be dismissed with prejudice.
c. be summarily dismissed with prejudice as it may constitute direct contempt.
d. be stricken from the record.

79. The act of the police in placing the accused in a police line-up without his prior consent..
a. violates his right against self- incrimination.
b. violates his right to counsel.
c. constitutes a valid police investigation procedure.
d. is valid conditioned on his being identified at the trial.

80. The security given for the release of a person in custody, furnished by him or a bondsman, conditioned
upon his appearance before any court as required under the conditions specified by law.
a. Subpoena b. Recognizance c. Bail d. Warrant

81. These questions suggest to the witness the answers to which an examining party requires.
a. leading b. misleading c. stupid d. hearsay

82. Police officers applied for a warrant to search Door #1 of an apartment complex. The court issued the
warrant. When they went to the apartment complex, they realized that what they thought was Door #1 was
actually Door #7. Can they search Door #7? A. YES C. NEITHER
B. NO D. DOUBTFUL

83. Which of the following is a violation of the right of the accused against self-incrimination?
A. when he is required to give a specimen of his handwriting.
B. when he is required to submit to a drug test.
C. when he is required to give a sample of his semen.
D. when he is required to submit into DNA testing.

84. Proof beyond reasonable doubt is the required judgment of conviction in..
A. CIVIL CASE. C. BOTH CIVIL & CRIMINAL.
B. CRIMINAL CASE. D. NONE OF THE ABOVE.

85. What is the effect if the motion on demurrer to evidence without leave of court be denied?
A. The accused loses his right to present evidence for his defense.
B. The accused loses his right to appeal if convicted.
C. The bail of the accused will be cancelled.
D. His appeal shall be dismissed.

86. It is that system of criminal procedure which is conducted either at the initiative of the public prosecutor
or the offended party and the right to appeal are limited to the defense.
a. Inquisitorial b. Accusatorial c. Mixed d. Fixed

87. This system of criminal procedure is of the essence that the burden of demonstrating guilt falls on the
prosecution – i.e., the presumption of innocence in all court proceedings until proven otherwise on proof
beyond reasonable doubt. a. Inquisitorial c. Mixed
b. Accusatorial d. Fixed
88. The law expanding the jurisdiction of the MTC, MTCC, MCTC.
a. RA 7691 b. RA 8493 c. BP 129 d. RA 1379
89. Complaint and Information can be amended as to _____________ after plea and during the trial with
leave of court and without causing prejudice to the rights of the accused.
a. Form b. Substance c. Substance and form d. None
90. A certain husband dies before he could institute the criminal action for adultery against his wife, and the
paramour. The case may..
a. No longer be prosecuted c. Be prosecuted by the husband’s parents
b. Still be prosecuted d. Be prosecuted by the states

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91. Appeal to the Court of Appeals from cases originally decided by the RTC shall be by..
a. Notice of appeal c. Petition for review on certiorari
b. Petition for review d. Motion for review

92. It is the counsel hired by a person to defend him/her in court.

a. Counsel be officio c. Defense lawyer
b. Counsel de parte d. PAO lawyer

93. Who among the following is authorized by law to issue warrant of arrest?
a. Counsel b. Judge c. Prosecutor d. Sheriff

94. It refers to the reading of the nature and cause of the complaint in the dialect known to the accused and
asking him whether guilty or not. a. Arraignment c. Inquest
b. Pre-trial d. Preliminary Investigation

95. What is an accusation in writing charging a person with an offense subscribed by the fiscal and filed with
the court? a. Affidavit b. Complaint c. Information d. Motion

96. Who shall represent the people of the Philippines, or the state, on criminal actions elevated to the court of
Appeals or the Supreme Court? a. Counsel c. Ombudsman
b. Judge d. Solicitor General

97. Who performs cross examination? a. Adverse Party c. Offended Party

b. Aggrieved Party d. Prosecution Party

98. The doctrine of the prejudicial question has the effect of..
a. Continuing the present case
b. Suspending ongoing case
c. No effect at all
d. All of the Above

99. In criminal proceedings, leave of court means..

a. permission from the prosecutor to take some action in a preliminary investigation that requires the
presence or no delay.
b. permission from the lawyer to take some action in a court trial that requires an absence or delay
c. Permission from the judge to take some action in a lawsuit that requires an absence or delay
d. None of the Above

100. A method fixed by law for the apprehension and prosecution of persons alleged to have committed a
crime, and for their punishment in case of conviction.
a. Criminal Law c. Criminal Procedure
b. Criminal Evidence d. Criminal Jurisprudence

101. Reasonable ground of suspicion supported by circumstances sufficiently strong in themselves as to

warrant a reasonable man in believing the accused to be guilty. Act must be done in good faith.
A. Beyond reasonable doubt B. Burden of proof C. Probable Cause D. Prima facie evidence

102. Circumstantial evidence is sufficient for conviction if..

A. there is more than one circumstance
B. the facts from which the inference as derive are proven
C. the combination of all the circumstances is such as to produce conviction beyond reasonable doubt
D. all of the above

103. The uncertainty exist not on the face of the instrument is..
A. intrinsic ambiguity B. latent ambiguity C. extrinsic or patent ambiguity D. letters A and B

104. The uncertainty appears in the face of the instrument.

A. intrinsic ambiguity B. latent ambiguity C. extrinsic or patent ambiguity D. A and B

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105. Duty of the party to present evidence on the facts in issue necessary to establish his claim or defense by
such amount of evidence required by law.
A. burden of evidence B. burden of proof C. burden of presumption D. both A and B

106. Subject to rebuttal under circumstances legally permissible.

A. quasi- conclusive presumption B. disputable presumption C. conclusive presumption D. procedural presumption

107. That which the law permits to overcome or contradicted by proofs to the contrary.
A. quasi- conclusive presumption B. disputable presumption C. conclusive presumption D. procedural presumption

108. Those suggest to the witness the answer which the examining party desires.
A. cross-examination B. misleading questioned C. leading question D. direct examination

109. A plea of having been, at the alleged time of commission of an act, elsewhere than that at alleged place
of commission; it is the state of having been elsewhere. A. alibi B. proof C. doubt D. res gestae

110. Literally means “the things done”. A. alibi B. proof C. doubt D. res gestae

111. Represent occurrences and events, speaking for themselves through instinctive and spontaneous words
or acts of the participants. A. alibi B. proof C. doubt D. res-gestae

112. Rule which require, in the absence of the showing of fraud, mistake or accident, the exclusion of
intrinsic evidence by which a party seek to contradict, vary, add or subtract from the terms of valid
agreement or instrument.
A. evidence rule B. parol evidence rule C. best evidence rule D. general rule

113. Outside evidence which is introduce to prove a fact not appearing in the face of the document.
A. evidence aliunde B. evidence paroli C. evidence res gestae D. evidence ambutnae

114. One declared by the court upon showing the adverse interest, unjustified reluctant to testify or his
having missed the party who calling him in the witness stand.
A. hostile witness B. adverse witness C. unwilling witness D. both A and B

115. Process of cross examining a witness upon point of prior contradictory statements by first laying ground
upon cross-examination, and if denied by witness, then by introducing evidence of contradictory statements
to impeach him. A. laying the predicate B. laying the suspect C. laying the subject D. both B and C

116. Where the facts in the writing could only have been known by the writer.
A. rule of authentication by adverse party C. doctrine of self-authentication
B. prove authenticity D. genuineness of handwriting

117. Probative value which the court gives to part of evidence admitted.
A. admissibility of evidence B. weight of evidence C. admissible evidence D. competent evidence

118. Essence/Characteristic feature of evidence to make it worthy of consideration by court before its
admission. A. preponderance B. weight of evidence C. admissible evidence D. competent evidence

119. Matters that need not be proven, except. A. facts of judicial notice B. facts judicially admitted
C. facts which the law considers conclusive upon party. D. facts of territoriality

120. Factum Probandum means..

A. ultimate facts sought to be established C. facts with probative value
B. evidentiary facts by which the ultimate facts is to be established D facts with probable cause

121. The following characters are admissible in criminal cases, except.

A. accused may proud his good moral character pertinent to the moral trait involve in the offense
B. the prosecution will no longer prove his bad moral character
C. evidence of moral character of party is admissible only when pertinent to issue of character involve in case.
D. good or bad character of the offended party may be proved if it tends to establish the probability or the
improbability of offense charged.

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122. When the witness lied in one part of his testimony, he also presumed to have lied to the next of his
testimony. A. evidence alliunde B. res gestae C. falsus in uno falsus D. alibi

123. An evidence is deemed relevant when..

A. it has relation to the fact in issue as to induce belief in its existence or non-existence.
B. it is not excluded by the law or rules of court.
C. it is material and has probative value.
D. Letters A and C.

124. Evidence is admissible when it is relevant to the issue and is not excluded by the rules on..
A. Real evidence C. Admissibility of evidence
B. Secondary evidence D. Relevancy of evidence

125. Is that which is not excluded by the law as tending to prove a fact in issue.
A. material evidence C. direct evidence
B. relevant evidence D. competent evidence

126. It is that possession of characteristics that qualify a witness to observe, recall, and testify under oath and
personal qualification of the witness to give testimony which differs from the witness ability to tell the truth.
A. WITNESS EXCLUSIONARY C. WITNESS COMPETENCY
B. WITNESS RELEVANCY D. WITNESS PROBATIVITY

127. A.k.a. ante-mortem statement, it is a statement made just prior to death with the knowledge of
impending death. A. HOLOGRAPH C. RES GESTAE
B. PRIVY D. DYING DECLARATION

128. A test emphasizing that the subject of an expert witness' testimony must conform to a generally
accepted explanatory theory. A. Ahmvot Test C. Daubert Test
B. Frye Test D. Wigmore’s Axiom of Admissibility

129. Factum probans means.. A. preponderance of evidence C. evidentiary fact

B. ultimate fact D. sufficiency of evidence

130. Real or object evidence is authenticated by showing..

A. who owns it. C. how the evidence got to court.
B. that it is what it is claimed to be. D. similar or like objects.

131. A private electronic document's authenticity may be received in evidence when it is proved by..
A. evidence that it was electronically notarized.
B. evidence that it was digitally signed by the person who purportedly signed the same.
C. evidence that it contains electronic data messages.
D. evidence that a method or process was utilized to verify the same.

132. A private document may be considered as evidence when it is sequentially..

A. marked, identified, authenticated. C. marked, identified, authenticated and offered in evidence.
B. identified, marked and offered in evidence. D. marked, authenticated and offered in evidence.

133. A person walks into a police station and declares that he has committed a crime before the police could
take him into custody. May his declaration be admitted against him?
a. No, since he has not been forewarned of his rights to silence and to counsel.
b. Yes, since he made his declaration before he could be taken into custody and investigated.
c. No, since he has entered the police station and came within its jurisdiction.
d. Yes, since he freely gave his declaration to the police.

134. Immediately after the witness had been sworn in to testify, without any formal offer of his testimony,
Atty. Bokney started asking questions on direct examination to the witness. The court may still consider his
testimony if the.. a. formal offer is done after the direct testimony.
b. opposing counsel did not object.
c. witness is an expert witness.
d. opposing counsel offered to stipulate on the testimony given.

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135. A form of evidence supplied by written instruments or derived from conventional symbols, such as
letters, by which ideas are represented on material substances.
a. documentary evidence c. material evidence
b. testimonial evidence d. real evidence

136. It is evidence of the same kind and to the same state of facts.
a. cumulative evidence c. corroborative evidence
b. prima facie evidence d. best evidence

137. A standard for determining the reliability of scientific expert testimony in court currently adopted by
many jurisdictions. Five factors are utilized to assess the scientific theory or technique, namely: testing of
theory, use of standards & control, peer review, error rate, and acceptability in the relevant scientific
community. A. Tes Test C. Daubert Test
B. Ahmvot Test D. Frye Test

138. Proof of facts by witnesses who saw acts done or heard words spoken as distinguished from
circumstantial or indirect evidence, or an information offered by witnesses who testify about their own
knowledge of the facts. A. AUTOPTIC EVIDENCE C. CONCLUSIVE EVIDENCE
B. BEST EVIDENCE D. DIRECT EVIDENCE

139. Correctly complete the sentence: A lone witness..

A. is credible only if corroborated. C. may be believed even if not corroborated.
B. is never credible. D. is always credible.

140. To prove that Angela stabbed her husband Tom, Jerry testified that he heard Boknoy running down the
street, shouting excitedly, “Sinaksak daw ni Angela ang asawa niya!” Jerry’s testimony is..
A. admissible as part of res gestae. C. admissible as independently relevant statement.
B. inadmissible as hearsay. D. inadmissible as a mere opinion.

141. As a general rule in criminal cases, character evidence is not admissible because it is purely..
A. circumstantial. C. corroborative.
B. cumulative. D. curative.

142. The burden of proof is on the prosecution, because under Rule 133 the accused is entitled to acquittal
unless his/her guilt is demonstrated by __________________________.
A. preponderance of evidence C. proof beyond reasonable doubt
B. quantum of evidence D. proof beyond logical reason

143. It is where the evidence on an issue of fact is in doubt on which side the evidence preponderates, the
party having the burden of proof fails upon that issue.
A. Preponderance Rule C. Weight of Evidence Rule
B. Equiponderance Rule D. Disputable Evidence Rule

144. The examination of witnesses should be done in open court and under oath or affirmation, and should
absolutely be orally given. a. True c. Neither
b. False d. Doubtful

145. The obligation of a witness is to answer all questions which are asked of him. He cannot choose which
questions to answer and to answering others. The witness however has the right to be protected against
tactics from the opponent which are intended to __________________________.
A. “brow beat, badger, insult, intimidate, or harass him”.
B. “brow beat, badger, praise, be friend, or invigorate him”.
C. “compliment, delight, insult, intimidate, or harass him”.
D. None of the above.

146. May a witness refuse to answer a question?

A. Yes, at his/her own discretion.
B. Yes, if it is not pertinent to the issue.
C. Yes, if it is not self-incriminatory.
D. All of the above.
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147. The order of presentation of evidence in court are..
A. Presentation of Evidence in Chief by the Plaintiff,
Presentation of Evidence in Chief by the Defendant,
Presentation of Rebuttal Evidence by the Plaintiff, and
Presentation of Sur-rebuttal Evidence by the Defendant
B. Presentation of Evidence in Chief by the Plaintiff,
Presentation of Rebuttal Evidence by the Plaintiff,
Presentation of Evidence in Chief by the Defendant, and
Presentation of Sur-rebuttal Evidence by the Defendant
C. Both letters A and B are correct.
D. None of letters A and B.

148. Cross-examination is, by its nature, an essential part of the right to procedural due process - that is..
A. the right of a party to examine the witnesses’ demeanors/decorum.
B. the right of a party to threaten the witnesses for contempt of court.
C. the right of a party to confront witnesses against him face-to-face.
D. None of the above.

149. May the witness testify wearing masks to preserve his identity?
A. Yes, to protect him from being killed.
B. Yes, it is his constitutional right.
C. No, he must appear in person.
D. No, it is in violation of the RPC.

150. This rule governs the manner by which testimonial and documentary evidences are to be presented in
Court. A. Article 132, Revised Penal Code.
B. Article 131, Revised Penal Code.
C. Rule 131, Rules of Court.
D. Rule 132, Rules of Court.

..Nothing Follows..

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