Lack of jurisdiction over the offense charged

1. Preparatory act/s in the development of crime is punishable when the preparatory acts/s__________.
A. are overt act/s of the offender in the consummated stage

B. are overt acts in attempted stage of a specific offense
C. is being clearly committed already by the offender
D. indicate the potential in accomplishing the act
Stages of Development a Crime

1. internal Acts
- such as mere thoughts or ideas in the mind of a person
- NOT PUNISHABLE
2. External Acts
a. Preparatory Acts
- Initial acts
- Ordinarily – NOT PUNISHED
- ExCEPTION : - WHEN CONSIDERED BY LAW AS INDEPENDENT CRIME/S – LIABLE – PUNISHABLE
- ART. 304, RPC – Possession of Picklocks and Similar Tools -PUNISHABLE
- B. ACTS OF EXECUTION – PUNISHABLE
2. Which of these courts will have jurisdiction over a Japanese crew who murdered a Flipino crew member on
board a sea vessel registered under American law while that vessel is anchored within Manila BAY?
A. Japanese court because the offenders are Japanese.
B. Manila court because we follow the English rule
C. American court because we follow the French rule.
D. International Criminal Court
E. All of these
3. The killing of a spouse or a daughter who is minor by the other spouse under the circumstances as provided
under art. 247 is____________.
A. murder
B. homicide
C. infanticide
D. parricide
art. 247 of the RPC – DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES
HUSBAND – WIFE = LEGALLY MARRIED – MARK – KILLED –
SERIOUS PHYSICAL INJURIES – UEC
DESTIERRO – 25 TO 250 KM – 6 MONTHS AND 1 DAY TO 6 YEARS – NOT A PENALTY – MORE OF A PROTECTION
PUMASOK – MANILA – EVASION OF SERFVICE OF SENTENCE – BAGUIO – MANILA
PARENTS – MINOR DAUGHTERS – NOT YET MARRIED – LIVING TOGETHER

MARRIED – SPOUSE –
JANET – 17 YEARS – MARK – POMPONG – father john lester –
Less serious physical injuries – slight physical injuries -WEAK
EXEMPT – HUSBAND – ABSOLUTORY CAUSE
ARTICLE 247 – CIRCUMSTANCE – EXTRAORDINARY MITIGATING CIRCUMSTANCE –

NOT CIVILLY – LIABLE
Amici Review Center Page 1

NANAY AT TATAY – 2ND THOUGHT – KASAL – MARRIED – PARRICIDE
LIVE-IN =- COMMON LAW SPOUSES- HINDI KASAL –
MURDER =- QC
HOMICIDE – NO QC
MUSLIM – MARK 1. ANNE – PARRICIDE

2. MARIAN
3. ANGEL
4. RAVAL - MURDER – QC / HOMICIDE – QC
ADOPTED CHILD – ADOPTIVE PARENT –

FAMILY CODE -L;EGITIMATE CHILD
DOES NOT APPLY -RPC
PARRICIDE – BLOOD RELATIONSHIP –
MURDER – QC
HOMICIDE – NO QC
INFANTICIDE – LESS THAN 3 DAYS – LESS THAN 72 HOURS
Infanticide – age – DOES MATTER – LESS THAN 72

RELATIVES – PARRICIDE – INFANTICIDE – PENALTY – PARRICIDE – RP TO DEATH
STRANGERS – INFANTICIDE – PENALTY – MURDER – RP TO DEATH
MURDER
FORMULA :
KILLING PLUS INTENT TO KILL PLUS QC = MURDER
HOMICIDE ,- KILLING PLUS INTENT TO KILL PLUS NO QC = HOMICIDE

DIED – AUTOMATIC – PRESUMED – INTENT TO KILL
ART. 228, RPC – POISON, TREACHERY, EVIDENT PREMIDITATION, FIRE –
Without knowledge – parricide -
Infanticide – less than 3 days – mother – concealment of dishonor – EXTENUATING CIRCUMSTANCE – mitigating-
LIABLE – MINIMUM
4. A is the owner of a tupada in their town. A approached the Chief of Police who is a kumpare and asked the
Chief not to raid his tupada. The Chief complied by not raiding it. What crime was committed by the Chief?
a. Direct bribery
b. Indirect bribery
c. Graft and corruption
d. Negligence and tolerance in the prosecution of offenses/prevaricacion – receive gifts – suhol – DIRECT BRIBERY
PD NO. 46 – PUBLIC OFFICIALS AND EMPLOYEES – GIFT – INCLUDING CHRISTMAS

PD NO. 749 – MARK – NANUHOL – CORRUPTION OF PUBLIC OFFICIAL – TUMANGGAP – IMMUNITY
5. When should the opposing party object on the offer of object or documentary evidence?
A. at the time the object and documentary exhibits are formally offered.
B. at any time when the court orders to offer the object or documentary exhibit
C. at the time the object and documentary exhibits are identified and marked by the witness.
D. at the time the defense witness is called to testify.
OFFER OF EVIDENCE – UNLESS OFFERED – PURPOSE – SPECIFIED
WHEN TO MAKE AN OFFER EVIDENCE ? – TESTIMONY – WITNESS – AT THE TIME THE WITNESS IS CALLED TO
TESTIFY
OBJECT AND DOCUMENTARY EVIDENCE – AFTER THE PRESENTATION OF TESTIMONIAL EVIDENCE – ORALLY -
WRITING
WHEN TO OBJECT – OFFER – ORALLY - - IMMEDIATELY OBJECT

OFFER – WRITING – 3 DAYS AFTER NOTCE – ON=OBJECTION

6. The crime committed is a victimless crime. Upon service of the
warrant of arrest to the accused, the latter requested that you defer the service of the same, after all the crime
committed without a complainant and he giving you something in return. How would you best deal the situation?
A. I will enforce the warrant but accommodate the request as it is just between me and the offender.
B. I will enforce the warrant but accommodate the request for the first time.
C. I will enforce the warrant regardless of the fact that the crime is victimless.
D. I will not enforce the warrant since there is a victim, this case will only help in clogging the court dockets.
WARRANT OF ARREST – SERVE – ANYTIME OF THE DAY OR NIGHT

DOES NOT EXPIRE – QUASHED – LIFTED – SERVED
LAW ENFORCERS – 10 DAYS – ARREST – ANOTHER 10 DAYS – RETURN – MANIFESTATION-

ARCHIVE – KASO – TENGGA – BAUL – DID NOT ARREST –
ISSUE – ALIAS WARRANT VS BENCH WARRANT
B.W. – FAILED TO APPEAR – TRIAL – NO SHOW -
ARREST – HINDI MAGKAKAROON NG JURISDICTION OVER THE PERSON OF THE ACCUSED –

1. ARREST
2. VOLUNTARY SURRENDER
SEARCH WARRANT – 10 DAYS VALIDITY – FROM ITS DATE - 11TH – VOID

WHEN? – GR – DAY TIME – EXECPTION – GABI –
EXECUTIVE JUDGES RTC MANILA – RTC QC – AUTHORIZED TO ISSUE SW – ENFORCEABLE NATIONWIDE

PAROJINOG CASE – OZAMIS – EJ RTC QC
RULES ON THE USE OF BODY CAMERAS IN THE EXECUTION OF WARRANTS

A.M. NO. 21-06-08-SC
MINIMUM STANDARD REQUIREMENT

VIDEO RESOLUTION – 720p or higher
Frame rate – 30 frames per second
Battery Life – 8 hours
Storage – storing 8 hours continuous audio-video footage
Bawal na – JUDICIAL REGION – EJ RTC QC – PASAY- PARANAQUE -MAKATI
7. Which of the following processes in court proceeding is the presence of the accused indispensable?
A. during the presentation of the evidence for the defense.
B. during the arraignment. – INFORM OF THE NATURE AND CAUSE OF ACCUSATION AGAINST HIM – HORNBOOK
DOCTRINE
C. during the examination of the witnesses.
D. during the presentation of the evidence for the prosecution.
- IDENTIFICATION PURPOSES –
- PROMULGATION OF JUDGMENT – GRAVE AND LESS GRAVE FELONIES – REQUIRED – POST JUDGMENT
REMEDIES – MOTION FOR RECONSIDERATION – NEW TRIAL – APPEAL
- EXCEPTION – NAGPAKITA – JUSTIFY
EXCEPTION – LIGHT FELONIES – REPRESENTATIVE
8. The police officers are conducting patrol functions. They saw a person walking along the dark alley. They stopped
and frisked the person and a deadly weapon was seized from said person. Which of the following justifies the action
taken by the police to conduct the “stop and frisk??
A. walking in the dark alley is not an act that is suspicious.
B. walking in the dark alley is a suspicious act.
C. none of these
D. the person should not walk in a dark alley
FRISK OR TERRY SEARCH

STOP AND FRISK – TERRY STOP AND FRISK SEARCH

9.A killed B with treachery. The fiscal forgot to allege treachery in the information THE QUALIFYING CIRCUMSTANCE
OF TREACHERY. A was found guilty of killing B and treachery was also proven during trial. Which of the following
statements is correct?
a. A is guilty of murder even if treachery was not alleged in the information.
b. A is guilty of homicide only because treachery was not alleged in the information.
c. A is guilty of homicide only and treachery will be considered as generic aggravating circumstance only.
d. A is guilty of homicide only because treachery was not alleged in the information and in addition, treachery
cannot even be considered as a generic aggravating circumstance.
AGGRAVATING AND QUALIFYING CIRCUMSTANCES- ALLEGE INFORMATION
- TRIAL – TREACHERY – ALEVOSIA – MEANS AND METHODS – TO ENSURE THE EXECUTION
- NO – HINDI SIYA PWEDENG GAMITIN – MAG INCREASE
- CIVIL – DAMAGES – PWEDE
10. The body of the information states, "the accused willfully stabbed the victim to death. Based on this information,
may the accused be convicted of murder?
a. No, because of the absence of a definite qualifying circumstance in the information.
b. No, because the words "qualified by did not appear in the information.
c. Yes, if he did not object as to its absence.
d. All of the above
11. This is one of the grounds on the motion to quash and anchored on the question of authority of the court to hear
and decide the case. What is this ground?
A. lack of preliminary investigation
B. lack of
C. lack of jurisdiction
D. improper venue
MOTION TO QUASH – CRIMINAL CASES – MOTION TO DISMISS – CIVIL CASES

WHEN? – BEFORE ARRAIGNMENT – WAIVED
OMNIBUS MOTION RULE – MOTION TO QUASH – ALL GROUNDS – MUST BE STATED – WAIVED
GENERAL RULE –
EXCEPTIONS:
1. THE COMPLAINT OR INFORMATION DOES NOT CHARGE AN OFFENSE – LACKING ELEMENTS – SAKALAM-N
HINDI YAN NAWIWAIVE
2. THE COURT HAS NO JURISDICTION OVER THE OFFENSE CHARGED – RT – MTC – WALA – 6 YEARS AND
BELOW – HINDI - SAKALAM
3. THE OFFENSE OR ITS PENALTY IS EXTINGUISHED – NOT WAIVED – SAKALAM
4. THERE IS DOUBLE JEOPARDY – NOT WAIVED – SAKALAM
SUATIN MOTION TO QUASH – GRANTED –

PROSECUTION – REFILE – YES – GR..
SAKALAM:
1. THE OFFENSE OR ITS PENALTY IS EXTINGUISHED
2. DOUBLE JEOPARDY – SUPER SAKALAM - HINDI NA PWEDENG REFILE
12. A police officer arrested the person without a warrant, what should he immediately do next?
A. to turn over the person to the nearest jail for detention.
B. to file the complaint before the prosecutor’s office.
C. to bring the person to the nearest police station for processing and lock-up.
D. to bring the person to the fiscal office for preliminary investigation

13. X was arrested in flagrante delicto. An inquest proceeding was conducted. The rules provide that he may ask for
a preliminary investigation before the information is filed, provided_____.
a. he must sign a waiver of his right to remain silent
b. he must sign a waiver of his right against self Incrimination
c. he must sign a waiver of instituting a case of delay in delivery of detained person to proper judicial authority
under Article 125 of the RPC
d. he must sign a waiver of instituting a case of delay in delivery of detained person to proper judicial authority
under Article 125 of the RPC done in the presence of a lawyer
e. he must waive his right to bail in the presence of a lawyer
INQUEST –
RFI DISMISS PROBABLE CAUSE WAIVE ART. 125
NO PROBABLE CAUSE P.I.
PRELIMINARY FILE – INFORMATION DETENTION -
INVESTATION – ONGPIN
14. Alex married Bea. Thereafter, Alex married Celsa, but this marriage took place because Celsa forced Alex to
marry her at gunpoint. Alex sued Celsa in a civil case for declaration of nullity of that marriage. Suppose Bea sues
Alex
for bigamy, what will cause the temporary suspension of this criminal case filed by Bea against Alex?
a. Insanity of the accused
b. Petition for review
c. The prejudicial question involved here
d. All of these
PREJUDICIAL QUESTION
2 CASES
1. CIVIL CASE – DECISION – MAKAKAAPEKTO SA CRIM CASE
2. CRIMINAL CASE
1 ADMIN CASE AT 1 CRIMINAL – NOT
RICHARD G. – SARAH – MARRIED
ANNE C. - - RICHARD – 2ND MARRIAGE – BIGAMY
PETITION FOR ANNULMENT - ART. 45. FAMILY CODE – NO VALID CONSENT – THREAT – FORCE -VIOLENCE –
INTIMIDATION -
CIVIL CASE – RTC - GRANTED -
SARAH – BIGAMY – CRIMINAL CASE – HINDI NA MAGPROSPER – STOP – CRIMINAL CASE

SAAN? P.I. – FISCAL – STOP – PQ
COURT – STOP – PQ – COURT WHERE THE CRIMINAL CASE IS PENDING
15. The act of having carnal knowledge without the consent of the woman is ______.
A. abduction
B. sexual assault
C. rape
D. seduction
2 CLASSIFICATIONS OF RAPE
1. RAPE BY SEXUAL INTERCOURSE – NON – BAILABLE – RP
CARNAL KNOWLEDGE MAN – WOMAN
- MARITAL RAPE
2. RAPE BY SEXUAL ASSAULT – RA 8353 – BAILABLE – RT

PENIS – OTHER PERSONS’ MOUTH – ANAL ORIFICE

ANY OBJECT – GENITALIA – ANAL ORIFICE – PENTEL PEN –
UNDER 12 – RAPE – CANNOT GIVE A VALID CONSENT

STATUTORY RAPE – 7 TO UNDER 12
UNDER 7 – QUALIFIED RAPE

- OFFENDER – HIV – AIDS
- PNP – AFP – LEA – PENAL INSTITUTIONS – QR
- MENTAL DISABILITY – PHYSICAL HANDICAP – EMOTIONAL DISORDER – QR
- VICTIM UNDER 18 – OFFENDER PARENT, ASCENDANT, STEP PARENT, GUARDIAN , RELATIVE WITHIN
THE 3RD DEGREE, COMMON LAW SPOUSE OF THE PARENT OF THE VICTIM – QR
- PARENT – CHILDREN – 3RD CIVIL DEGREE - QR
- LEGITIMATE RELIGIOUS VOCATION – MADRE
RA 8505 – RAPE VICTIM ASSISTANCE AND PROTECTION ACT OF 1998
RAPE SHIELD – IN A PROSECUTION RAPE – EVIDENCE – PAST SEXUAL CONSUCT , REPUTATION, OPINION –
POKPOK
Pardon – MARK – MABETH – PAGPAPAKASAL – EXTINGUISH CRIMINAL LIABILITY
MARK -PRINCIPAL –
ACCOMPLICE – ADRIAN – LIABLE
ACCESSORY – ACE - LIABLE
VICTIM – MABETH - - MARK – EXTINGUISH
MULTIPLE RAPE
MARK, ACE, REYMON, ADRIAN – MABETH – MARK – NAGPAKASAL

MARK – EXTINGISH
ACE- REYMON- ADRIAN – LIABLE
SWEETHEART DEFENSE – LOVERS’ DEFENSE
SEDUCTION – ENTICE WOMAN TO UNLAWFUL SEXUAL INTERCOURSE – PROMISE OF MARRIAGE – US

QUALIFIED SEDUCTION
OFFENDERS – ANY PERSON IN PUBLIC AUTHORITY, PRIEST, HOME SERVANT, DOMESTIC GUARDIAN,
TEACHER, ENTRUST EDUCATION – OVER 12 BUT UNDER 18
BROTHER – ASCENDANT – WHETHER OR NOT WOMAN IS VIRGIN – OVER 18 YEARS OLD - QS

VIRGIN – UNMARRIED – GOOD REPUTATION
SIMPLE SEDUCTION – SEDUCE – SINGLE – WIDOW – GOOD REPUTATION – OVER 12 BUT UNDER 18 –
DECEIT
QS – ABUSE OF AUTHORITY – CONFIDENCE – RELATIONSHIP –
SS – USE OF DECEIT
BOTH QS AND SS – SEXUAL INTERCOURSE
ABDUCTION – TAKING AWAY OF A WOMAN FOR THE PURPOSE OF MARRYING OR CORRUPTING

FORCIBLE ABDUCTION – ABDUCT – WOMAN – AGAINST HER WILL- WITH LEWD DESIGN – LIBOG –
KALIBUGAN
CONTUING CRIME – TRANSITORY OFFENSE –
VICTIM – UNDER 12 – FORCVIBLE ABDUCTION – VOLUNTARILY
FORCIBLE ABDUCTION – SEXUAL INTERCOURSE IS NOT NECESSARY

INTENT TO SEDUCE
VIRGINITY OF THE OFFENDED WOMAN – NOT ESSENTIAL ELEMENT OF THE CRIME

CONSENTED ABDUCTION –
OFFENDED PARTY – VIRGIN – ESSENTIAL ELEMENT
OVER 12 UNDER 18
WITH CONSENT
LEWD DESIGN
3RD CIVIL DEGREE
LOLO – LOLA
A B
C D
E F
G H
16. A promised to give P5,000.00 to B, a court stenographer, if the latter would alter his stenographic notes. The
stenographer, without making any alteration to his stenographic notes just yet, accepted the promise of P5,000.00.
What crime was committed by the stenographer?
a. Direct bribery
b. Indirect bribery
c. Corruption of public officials
d. No crime because he accepted only the promise but not the actual
P5,000.00
17.A deprived B of his liberty, A is a private individual. C is a government employee. The investigation revealed that
the deprivation of liberty is without legal ground and the purpose of A is to bring B to proper authorities. What is the
crime committed by A?
A. violation of domicile
B. unlawful arrest
C. illegal arrest
D. arbitrary detention
ARBITRARY DETENTION –
PUBLIC OFFICER – EMPLOYEE
 AUTHORITY TO ARREST AND DETAIN
 CHIEF CASHIER’S OFFICE – ARREST MARK – DETAIN – NOT ARBITRARY DETENTION – ILLEGAL
DETENTION
 POLICE – CONSPIRACY – MARK – PRIVATE PERSON – MABETH –
 A.D – A.D.
DETAIN
WITHOUT LEGAL GROUND
VIOLATION OF DOMICILE – PUBLIC OFFICER OR EMPLOYEE

1. ENTER ANY DWELLING AGAINST THE WILL OF THE OWNER
2. SEARCH PAPERS AND EFFECTS
3 REFUSES TO LEAVE
1. ENTRANCE BY THE PUBLIC OFFICER OR EMPLOYEE – AGAINST THE WILL OF THE OWNER
EXPRESS OR IMPLIED PROHIBITION
WITHOUT CONSENT LAMANG – NOT LIABLE
QUALIFYING CIRCUMSTANCES
1. NIGHTTIME
2. KUMPISKA – NOT EVIDENCE OF A CRIME – DID NOT RETURN
DUPLICITIOUS INFORMATION
- 1 CHARGE – 1 INFORMATION
- 2 CHARGES 2 INFORMATIONS
18. A suspected shoplifter who was arrested by the police inside a grocery was immediately taken to a vacant lot
adjacent to the grocery store and was immediately maltreated therein. This is a. maltreatment of prisoner

b. physical injuries
c. attempted murder
d. abuse of authority
MALTREATMENT OF PRISONERS – OFFENDER – PUBLIC OFFICER OR EMPLOYEE
SERIOUS PHYSICAL INJURIES – WOUND , INSANE, IMBECILE, BLIND, IMPOTENT

EYE, POWER, HEAR, SMELL, HAND . FOOT, ARM
ILL OR INCAPACITATED FOR WORK – LABOR – MORE THAN 30 DAYS
QUALIFIED PHYSICAL INJURIES

1. VICTIM – RELATIVES – PARRICIDE
2. QC – MURDER –
LESS SERIOUS PHYSICAL INJURIES – FOR 10 DAYS OR MORE 10 – 30

9 DAYS OR LESS – SPI
19. Which of these is parricide?

a. Killing an adopted son or adopted daughter
b. Killing a brother-in-law or sister-in-law or father- or mother-in-law
c. Killing a cousin
d. Killing a brother or sister
e. killing an illegitimate parent
20. Which of the following is considered as offender in piracy under the Revised Penal Code?
A. complement of the ship
B. crew of the ship
C. passenger of the vessel
D. stranger to the vessel - outsider
21. A Muslim guy who legally married four wives was found to have killed his second wife. What crime was
committed? a. Parricide
b. Murder
c. Homicide
d. Infanticide
22. The amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion
is___________.
A. preponderance of evidence – civil cases
B. substantial evidence – administrative and quasi – judicial bodies -
C. proof of beyond reasonable doubt - criminal cases
D. relevant evidence
23. After the decision was rendered by the court disposing of the case, which of the following remedies allows the
presentation of new evidence?
A. motion for reconsideration
B. motion for new trial
C. notice of appeal
D. petition for review
Post judgement remedies – new trial, reconsideration – appeal
New Trial:
1. errors of law or irregularities – incompetent -neglect – rights of the accused were violated
2. new and material evidence – newly discovered evidence
MR:
1. error of law – mistake in the interpretation or application of law
2. error of fact – mistake in the appreciation of facts - contrary to evidence
same court
Appeal – higher court

24. A, B and C were drinking beer, At around 1:00a.m., A stabbed his own friend B. C was shocked and ran home.
At 6:00 p.m. of the same day, C reported the incident to patrolman X. At 7:00 of the same night . patrolman X
arrested A on the basis of the complaint of C. Was the arrest valid? Why?
a. Not valid because the offense was not committed in the presence of Patrolman X
b. Not valid because Patrolman X had no probable cause based on personal knowledge that the offense has
been committed.
c. Not valid because the mere complaint of C absent any other circumstance not enough to constitute
probable cause.
d. Not valid because Patrolman X had no warrant of arrest at the time of the arrest e. All of the above
Flagrante delicto arrest

Hot pursuit
Escapee
25. Which of the following facts needs evidence?

A. acts of legislature
B. laws of nature
C. crime committed
D. territory of the Philippines
MANDATORY JUDICIAL NOTICE –
EXISTENSE AND TERRITORIAL EXTENT OF STATES
POLITICAL HISTORY
FORMS OF GOVERNMENTT, SYMBOLS OF NATIONALITY
LAW OF NATIONS
ADMIRALTY AND MARITIME COURTS OF THE WORLD AND THEIR SEALS
POLITICAL CONSTITURTION AND HISTORY OF THE PHILIPPINES
OFFICIAL ACTS OF LEGISLATIVE, EXECUTIVE AND JUDICIAL DEPARTMENTS OF THE NATIONAL GOVERNMENT OF
THE PHILIPPINES
LAWS OF NATURE
MEASURE OF TIME GEOGRAPHICAL DIVISIONS
DISCRETIONARY JUDICIAL NOTICE

- DEPENDE SA COURT
- 1. MATTERS WHICH ARE OF PUBLIC KNOWLEDGE –
- 2. CAPABLE OF UNQUESTIONABLE DEMONSTRATION – LASON – NAKAMAMATAY
- 3. OUGHT TO BE KNOWN TO JUDGES BECAUSE OF THEIR JUDICIAL FUNCTIONS -
26. The following are the elements of dying declaration, except the ______
A. a declaration is in connection with a startling occurrences or equivocal actions
B. the declarant is competent to testify.
C. declaration pertains to facts or circumstances surrounding the declarant’s death
D. declarant must eventually die
HEARSAY – DYING DECLARATION – EXCEPTION
2 REASONS – ADMISSIBLE
1. NECESSITY – IMPOSSIBLE – DIED
2. TRUSTWORTHINESS – SPEAK THE TRUTH
27. The accused with lewd design brought the woman who is a minor in a secluded place but with the consent of the
latter. The accused is liable for the crime of__________
A. forcible abduction
B. qualified abduction
C. simple seduction
D. consented abduction
28. A father caught her married daughter (who is already 18 years old) having sex with a man who is not her
husband. The father immediately killed the daughter due to outrage. What crime was committed by the father if
there is any? a. No crime
b. Death inflicted under exceptional circumstances – no – single – under 18
c. Parricide

d. Murder
29. The husband saw/caught his wife rising up and putting on her underwear buttoning his shirt. The place was a
secluded "talahiban". The husband suspected that the two had just performed sexual congress so he killed his wife
and the man. Here, the husband is
a. criminally liable
b. not criminally liable
c. exempted from criminal liability
d. none of the above
30. The arraignment and pre-trial has been terminated. When is the time for the defense to present its witness?
A. as may be ordered by the court
B. after the prosecution has offered its exhibits.
C. after the prosecution had rested its case.
D. as may be agreed during pre-trial.
31. How can the accused exercise his right to compulsory process to secure the attendance of his witness and
production of evidence on his behalf?
a. By filing petition for writ of amparo
b. By filing petition for writ of habeas data
c. by availing of modes of discovery
d. By praying to the court to issue subpoena ad testificandum or duces tecum
e. c and d
WRIT OF AMPARO – REMEDY – TO ANY PERSON WHOSE RIGHT TO LIFE, LIBERTY AND SECURITY IS VIOLATED
OR THREATENED – PNP – AFP – PRIVATE –
WRIT OF HABEAS DATA – RIGHT TO PRIVACY IN LIFE, LIBERTY OR SECURITY – PNP – LAW ENFORCERS – DATA
GATHERING, COLLECT, STORE DATA
WRIT OF HABEAS CORPUS – WRIT TO PRODUCE THE BODY – ACQUITTED – PINAPALABAS –
32. The form of evidence that is consisting of letters, symbols, numbers, or any inscription is__________ evidence.
A. newsletter
B. newspaper
C. books
D. documentary – DOCUMENTS – RECORDINGS, PHOTOGRAPHS, SOUNDS,
PHOTOGRAPHS - - STILL PICTURES, DRAWINGS, STORED IMAGES, X-RAY FILMS, MOTION PICTURES OR
VIDEOS
CCTV FOOTAGES - DOCUMENTS
33. The crime committed is punishable with a penalty of one year and below. How would you best deal with the
situation?
A. I will handle the forced mediation and conciliation between the parties.
B. Arrest the offender without a warrant since there is a complainant.
C. Suggest that the parties bring the issue before the barangay for conciliation proceedings.
D. None of the above
PD 1508 – ORIGINAL KATARUNGANG PAMBARANGAY LAW

RA 7160 – LOCAL GOVERNMENT CODE – S.P. AQUILINO PIMENTEL
LUPON: 1 YEAR AND BELOW – FINE : 5k AND BELOW
SUSPEND – PRESCRIPTIVE PERIOD – 60 DAYS
WHEN CAN A PARTY GO AT ONCE IN COURT?

1. ACCUSED IS UNDER DETENTION
2. DEPRIVED LIBERTY – HABEAS CORPUS PROCEEDINGS
3. PROVISIONAL REMEDIES – PRELIMINARY INJUNCTION, ATTACHMENT, DELIVERY OF PERSONAL
PROPERTY – REPLEVIN, SUPPORT PENDENTE LITE
4. ACTION MAY BE BARRED BY STATUTE OF LIMITATIONS

34. Maria was accused of falsification. While Maria was on the witness stand, the prosecution asked her to write her
name and to sign on a piece of paper, in order to prove that she authored the libelous material. Maria objected, as
writing and signing her name would violate her right against self- incrimination. Can Maria legally refuse to write her
name/give sample specimens of her handwriting?
a. No, she can be cross examined just like any other witness and her sample signature may be taken to verify
her alleged authorship of the libelous statements.
b. No, her right against self-incrimination is waived as soon as she became a witness. This privilege may be
invoked only by an ordinary witness and not by the accused when she opts to take the witness stand.
c. Yes, writing is something more than moving the body, or the hands, or the fingers; writing is not a purely
mechanical act, because it requires the application of intelligence and attention; and in this case writing means
Maria will furnish a means to determine whether or not she is the falsifier.
RIGHT AGAINST SELF-INCRIMINATION – NO PERSON CAN BE COMPELLED TO BE A WITNESS AGAINST HIMSELF
35. X was charged with a certain crime before the RTC. Although bail was allowable under his indictment, he could
not afford to post bail, and so he remained in detention at the city jail. For various reasons, ranging from the
promotion of the presiding judge, to the absence of the trial prosecutor, and to the lack of notice to the city jail
warden, the arraignment of X was postponed nineteen times over a period of two years. What can the lawyer for X
do in order to protect the rights of the accused or his client?
a. File a motion to dismiss due to violation of the right of the accused to speedy trial.
b. File a demurrer to evidence for insufficiency of evidence.
c. File a motion to quash based on grounds provided by the law.
d. Appeal to the higher court.
36. The prosecution shall offer the testimony of its witness at_________________.
a. the time the exhibit are formally offered
b. the time the prosecution witness is called to testify
c. the time as ordered by the court to offer the testimony
d. the time the exhibits are identified and marked.
37. When in the commission of the crime, the exercise of freedom of action is absent, which of the following is the
applicable modifying circumstance?
A. alternative
B. exempting
C. mitigating
D. D. justifying
CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

JUSTIFYING CIRCUMSTANCE – ACT – IN ACCORDANCE WITH LAW –
GR- NO CRIMINAL NO CIVIL LIABILITY
EXCEPTION – AVOIDANCE OF GREATER EVIL OR STATE OF NECESSITY
NO CRIMINAL LIABILTY BUT THERE IS CIVIL LIABILITY
ADDITIONAL JUSTIFYING -RA 9262

VICTIM-SURVIVORS – BATTERED WOMAN – NO CRIMINAL – NO CIVIL LIABILITY
Exempting CIRCUMSTANCES – GROUNDS FOR EXEMPTION

NO CRIMINAL – WITH CIVIL LIABILITY – GR
EXCEPTION: PAR. 4, ART. 12 – ACCIDENT – NO CRIMINAL – NO CIVIL LIABILITY
MITIGATING – LIABLE – REDUCE – MINIMUM
AGGRAVATING – INCREASE -MAXIMUM
GENERIC AC – INCREASE PENALTY – MAXIMUM PERIOD – NOT TO A HIGHER DEGREE

GAC – OMC- OFFSET – MEDIUM PERIOD –
SPECIFIC AC – CERTAIN AND SPECIFIED CRIMES –

IGNOMINY – MORAL PAIN – CHASTITY
CRUELTY – PERSONS
TREACHERY – [PERSONS
INHERENT AC – NECESSARILY INCLUDED IN THE COMMISSION OF THE CRIME – ESSENTIAL INNGREDIENTS –
ABSORBED – NO EFFECT –
EVIDENT PREMIDITATION – CONCUBINAGE, ROBBERY, ADULTERY, THEFT – ESTAFA

BRIBERY – ABUSE OF PUBLIC OFFICE
ROBBERY WITH THE USE OF FORCE UPON THINGS – BREAKING OF A WALL – UNLAWFUL ENTRY
ESTAFA – FRAUD
SEDUCTION – DECEIT
IGNOMINY – RAPE
SPECIAL AC – ARISE UNDER SPECIAL CONDITIONS – INCREASE PENALTY – CANNOT BE OFFSET MC

1. COMPLEX CRIME
2. . USE OF UNLICENSED FIREARM – MURDER OR HOMICIDE
3. 3. ERROR IN PERSONAE
QUASI -RECIDIVISM – MULTI- RECIDIVISM -CONVICTED –
BEFORE BEGINNING TO SERVE SENTENCE OR WHILE SERVING SENTENCE – COMMIT NG ANOTHER
CRIME
1. Felony
2. Felony – QR
1. OFFENSE
2. FELONY – QR
1. OFFENSE
2. OFFENSE – NOT QR
Alternative- aggravating / mitigating

Relationship – OLDER BROTHER – SAMPAL BUNSO – MITIGATING SPI
SERIOUS P.I. – BUNSO – AGGRAVATING
Intoxication – LASENG – MITIGATING – KAPAG HINDI SINASADYA – NOT HABITUAL
UMINOM – PURPOSELY – AGGRAVATING – HABITUALLY INTOXICATED – AGGRAVATING
Degree of education – LAWYER – ESTAFA AND FALSIFICATION – AGGRAVATING
RONNIE – NO READ NO WRITE – MITIGATING
EXCEPTION: Heinous crime, murder, rape , robbery with homicide – NOT MITIGATING
ABSOLUTORY CAUSE – NO CRIMINAL; -WITH CIVIL
EXTENUATING CIRCUMSTANCE – mitigating
38. The husband saw the wife having sex with another man at around 6:00 pm. Since the paramour had a gun with
him, the husband had no choice except to retreat and find a gun of his own. The husband borrowed a gun from a
friend and look for the paramour. The husband saw the paramour at a "mahjong hall at around 7:00 pm of the same
night and fired at him killing him instantly. Unfortunately, other people got hit by the stray bullets resulting in their
physical injuries.
Here, the husband is
a. not criminally liable for the death of the paramour
b. criminally liable for the injuries of those hit by his stray bullets
c. liable to be sentenced to destierro
d. all of the above
People vs Abarca – Jurisprudence – case decided by the SC
39. If the original of the document cannot be presented in court, what is this documentary evidence that may be
presented in court?
A. photocopy evidence
B. replacement evidence
C. primary evidence
D. secondary evidence
BEST EVIDENCE RULE – ORIGINAL DOCUMENT RULE – CONTENTS –

NOT CLOSELY RELATED TO A CONTROLLING ISSUE – ADDIONAL
40. Which of the following is not a source of criminal law?

A. special penal laws
B. resolution
C. ordinances
D. Revised Penal Code
Penal Presidential Decree

Codigo Penal De Espana
41. A killed B. The killing was accidentally witnessed by W. W did not report to the police what he saw for fear
of being involved in a criminal trial, is W criminally liable for any crime for not reporting the crime incident?
A.Yes, for obstruction of justice
B.Yes, as an accessory to the crime that he witnessed
C.No. as a rule, there is no law that requires a person to report a crime he witnessed – exception – MISPRISION OF
TREASON – exempt – he is prevented by some lawful or insuperable cause
D.no. As long as he reports the incident to the governor, mayor or fiscal of the place where he is a resident.
42. X (husband) caught Y (wife) in the act of having sexual intercourse with Z, a neighbor. X became enraged,
killed both Y and Z on the spot. This type of killing is known as what? (Note: X and Y are legally married)
a. Parricide
b. Complex crime of parricide with homicide
c. Death inflicted under exceptional circumstances
d. No crime
43. A imagines killing B. A is not criminally liable because_______.

A. he does not commence the commission of a crime directly by overt act
B. there is no witness against A
C. there is no injury to B
D. there is no law against imagining a crime
44. X (husband) caught Y (wife) in the act of having sexual intercourse with a neighbor. X became enraged and
immediately inflicted serious physical injuries against both Y and Z on the spot. What will happen to X if after trial
the above facts were proven?
(Note: X and Y are legally married)
a. Conviction for death inflicted under exceptional circumstances
b. Conviction for serious physical injuries inflicted under exceptional circumstances -art. 247 – Extraordinary
mitigating circumstance – DESTIERRO -
c. Conviction for less serious physical injuries
d. X will be declared exempted from punishment.
45. In relation to the immediately preceding question, what if X only inflicted slight physical injuries upon Y and Z?
a. Conviction for death inflicted under exceptional circumstances
b. Conviction for serious physical injuries inflicted under exceptional circumstances
c. Conviction for less serious physical injuries
d. X will be declared exempted from any punishment whatsoever. – absolutory cause –walang criminal may civil liabi
lity
46. Which of the following are the elements of mistake of facts?

I- That the act done would have been lawful has the facts been as accused believed them to be.
II- that the intention of the accused in performing the act should be lawful.
III- that the mistake must be without fault or carelessness on the part of the accused.
A. II, III
B. I, II, III - the act is justified
C. I, II
D. I, III
US vs Ah Chong

47.A person jumped off a tall building in order to commit suicide and upon falling to the ground he miraculously
survived. What is that person’s criminal liability?

A.Attempted suicide
B.Frustrated suicide
C.Alarms and scandals
D.Trespassing
E.He has no criminal liability - Nullum Crimen Nulla Poena Sine lege
EDSA – Alarms and Scandal
48. A committed suicide by deliberately falling himself down form a tall building. A survived the fall when he
fortunately landed on B, a passerby. In this event however, it was B who died due to impact of A’s body plunging
down from the sky. Here A is_______.
A.Criminally liable for homicide
B.Criminally liable for reckless imprudence resulting in homicide, but not civilly liable
C. Criminally liable for reckless imprudence resulting to homicide, and is also civilly liable – GABAO
D.There is no criminal and no civil liabilities whatsoever
49. The following are considered an original of a document:

I- An entry repeated in the course of business, one being copied from another at or near the time of the
transaction.
II- a carbon copy of any document resulting from the same stroke of the handwriting
III- any copy of a document executed in triplicate copies at or the same time.
A. II, III
B. I, III
C. I, II
D. I, II, III
50. A deprived B of his liberty. A is a police officer and B a government employee also. The investigation revealed
that the deprivation of liberty is without legal ground.
What is the crime committed by A?
A. unlawful
B. arbitrary detention
C. violation of domicile
D. illegal arrest
51. What is the stage in the commission of the crime where the accused did not stop the commission of the crime
because of spontaneous desistance or by the police until he performs all the acts of execution but does not produce
the felony?
A. attempted – BY REASON OF CAUSES INDEPENDENT OF THE WILL OF THE PERPETRATOR
B. frustrated – INDEPENDENT OF THE WILL OF THE PERPETRATOR – NAWAWALA NA UNG INTENT TO KILL-
SERIOUS P.I.
C. objective
D. subjective
52. This is a misapprehension of fact on the part of the person causing injury to another. The actor, however,
is not criminally liable. It is one where a person injured another in good faith, without malice or criminal intent, in
the belief that he was doing no more than exercising his legitimate right of self defense; that had the facts been as
he believed them to be, he would have been wholly exempt form criminally liability:
A.Mistake of fuck
B.Mistake in identity
C.Mistake in the blow
D.Mistake of fact
53. Ah Chong was a stay-in-cook in a place where robbery and murder were rampant. One night, he was
awakened by the sound of someone trying to force the door open. He called out twice to the person to identify
himself. Receiving no answer, he uttered the warning, ‘’if you enter the room, I will kill you.’’ It was at that moment
that he was hit above the knee by the chair that had been placed against the door. Thinking that he was being
attacked by the unknown intruder, the accused seized a kitchen knife kept under his pillow and struck out blindly,
hitting the latter who turned out to be his roommate, and who later expired from his wounds. Ah Chong was
acquitted because he acted_________.
A.While in a dream
B.Under a mistake in identity
C.In self-defense due to a mistake of fact

D.Defense of property and praeter intentionem
54. A sees B rushing rapidly toward him, with outstretched arms and a pistol in his hand, and using violence
menaces against his life as he advances. Having approached near enough in the same attitude, A, who has a club in
his hand, strikes B over the head before or at the instant the pistol is discharged; and of the wound, B dies. It turns
out the pistol was loaded with powder only, and that the real design of B was only to terrify A. A is not criminally
liable because_______.
A.He acted under a mistake of fact
B.He acted in self- defense
C.Both a and b, or either one of them
D.he acted in fulfillment of a duty
E.He acted under the instinct of self-preservation
55. A pointed a gun to B and said to B ‘’Hold-up’’. B fought back and the two wrestled for the possession of the
gun. Meanwhile C, the son of A, not knowing that his father is was a holdupper/robber. Came to the rescue of A and
attacked B. Is C criminally liable?
A.NO, because of defense of relatives
B.NO,because of mistake of fact
C.Yes, because his father is a robber
D.Both A and B
56. When Chinese kills a Filipino while on board a Philippine vessel on the high seas, is the criminal law of the
Philippines applicable?
A. yes, because the crime is committed in the south Philippine seas.
B. no, the Philippine criminal law shall not be applicable
C. no, because the offender is not a Filipino.
D. yes, the Philippine criminal law shall be applicable.
GR- Penal laws – within its territory – INTRATERRITORIALITY

EXCEPTION – EXTRATERRITORIALITY
BIGAMY CASE – A AT B – MARRIED ---
57. A and B announced hold-up (highway robbery) inside a running passenger and jeepney. C, one of the
passengers, jumped out of the running jeepney in order to escape from the robbers. C died when his head hit the
asphalt pavement as a result of the fall. Here, A and B are still criminally liable for the death of C despite not having
lifted a finger in physically attacking/pushing C out of the jeepney. Why are A and B still criminally liable for robbery
with homicide/qualified highway robbery?
A. Because “If a man (like A and B) creates in another man’s mind (C) an immediate sense of danger which causes
such person to try to escape, and in so doing, he injures himself, the person who creates such a state of mind is
responsible for the injuries which resultED’’
B.Because they (A and B) are the reason why the victim jumped down from the jeep and died
C.Because the revised penal code say so.
D.Because A and B are presumed to have freedom of
action, intelligence and criminal intent
EL QUE ES CAUSA DE LA CAUSA ES CAUSA DEL MALCAUSADO – HE WHO IS THE CAUSE OF THE CAUSE IS THE
CAUSE OF THE EVIL CAUSED
58. A, armed with a knife, feloniously charged at B inside MV Vigan while the sea vessel was anchored at the Pasig
River. B, out of fear, ran away from A. A, however, chased B, the chasing of which forced B out of mortal fear to just
jump down into the river and disappeared beneath its surface, to be seen no more. Is A liable for chasing B with a
knife which eventually caused B’s death due to drowning?
A. Yes, for murder, and he is also civilly liable
B. Yes, for homicide, and he is also civilly liable
C. No, he is not criminally liable but civilly liable
D. No, there is no liability whatsoever

59. Which of the following best describes the meaning of vessel as used in the crime of piracy?
A. a medium moved by means of machine for travel from one place to another
B. a medium powered by man to move from one place to another.
C. none of these
D. any medium used to transport things, people, etc. from one place to another
60. A shot B, producing a mortal wound. B, knowing that he would die anyway, decided to hasten his own death by
slashing his own throat causing his immediate death. Here, A is
a. still criminally liable for homicide
b. not criminally liable for homicide
c. liable for physical injuries only
d. not liable at all
61.The accused fired several random shots against the door and wall of a certain house. There is no evidence that
he knew the exact place where the occupants were located at the time of the shooting, nor was there evidence of
any intent to kill. What crime was committed if nobody died or was injured?
a. Illegal discharge of firearms
b. Alarms and scandals
c. Grave scandal
d. Attempted murder or homicide
62. The accused discharged his firearm while he was 200 yards away from the victim. The bullet did not reach the
target since the distance was so great. There is evidence that the firing was merely made to frighten the victim.
What crime was committed?
a. Attempted homicide/murder
b. Illegal discharge of firearm
c. Alarms and scandals
d. No crime
e. Impossible crime
63. The defense shall offer its object evidence at__________.

A. the time the exhibits are formally offered.
B. the time the exhibits are identified and marked by the witness.
C. any time as ordered by the court to offer the object evidence.
D. the time the defense witness is called to testify
64. Piracy under Art. 122 of the Revised Penal Code, may be distinguished from P.D. 532, as the latter can be
committed only___________.
A. both internal lands and waters
B. in the high seas
C. anywhere in the Philippines
D. within the Philippine waters
ART.122 – STRANGERS PD 532- ANY PERSON – STRANGER – INSIDER
PHIL. WATERS -- HIGH SEAS PHILIPPINE WATERS – No
QUALIFIED PIRACY
1. Boarding or firing upon the vessel –
2. Victims – abandonment – without means of saving themselves – QP
3. Piracy – Murder – Homicide – P.I,. – rape - QP
Acts of lasciviousness – wag – separate
A known prostitute killed her own child who is less than three days old. Is there a mitigation of liability?
a. Yes, the law does not distinguish.
b. No, since she has no good reputation (Justice Mariano
Albert) – concealment of dishonor
c. Yes, if she was the victim of rape.
d. No, she is not entitled to mitigation.

65. Maria gave birth to a fetus with an intrauterine life of less than 7 months, Maria killed the fetus within 24 hours
from its delivery. Maria committed _____.
a. infanticide
b. murder
c. parricide
d. abortion
e. no crime
Art. 41 – fetus – less than 7 months – lumabas – hindi pa raw maituturing na ipinanganak ung bata – within 24
hours
66. A pointed a gun against B, a pregnant woman. Because of fright, the woman suffered an abortion.
What crime was committed by A?
a. Abortion
b. Unintentional abortion
c. Grave threats – amounts to a crime –
QUALIFIED GRAVE THREATS – IN WRITING – MIDDLE MAN
Does not amount to a crime - blackmail – Light threats

d. Unjust vexation
e. Intentional abortion – VIOLENCE EXERTED – GUN-POKING – INTIMIDATION
69. A got mad with his pregnant wife and struck her with his fist. The woman died and the fetus was expelled. What
crime was committed?
a. Complex crime of physical injuries with unintentional abortion
b. Complex crime of homicide with unintentional abortion
c. Complex crime of parricide with unintentional abortion – COMPLEX IT RESULTED FROM A SINGLE ACT
d. Abortion only
70. What will mitigate the liability of the mother if she will cause an abortion upon her own unborn child or allow
others to do so?
a. If abortion was done to conceal her dishonor.
b. If abortion was done to preserve her sexiness.
c. If abortion was done to preserve her good looks.
d. If abortion was done to escape from poverty.
71. Which of these is NOT rape by sexual assault?

a. Man forcibly inserted his penis into the mouth of another.
b. Man inserted his penis into the anal orifice of another while the latter was sleeping.
c. Man intimidated a woman enabling him to penetrate his penis to the vaginal orifice of the female victim.
d. Woman inserted hard object into the genital orifice of another woman by force.
e. Man inserted his penis into the anus of a woman under 12 years of age.
72. A, B and C raped D. Each one of them had their turn in raping D. Which statement is correct if D marries A?
a. Only A will benefit from extinguishment of criminal liability.
b. A, B and C will all benefit from extinguishment of criminal liability.
c. D is prohibited by the law from marrying any of her rapists.
d. No one will benefit from the marriage since this is a case of multiple rape.
73. A was forcibly taken 40 meters away from his house and was murdered in an uninhabited place. What crime was
committed?
a. Murder – INTENT – KILL -ABDUCTION - INCIDENTAL
b. Kidnapping with murder
c. Illegal detention with murder
d. Slight illegal detention
SERIOUS ILLEGAL DETENTION

1. VICTIM – MORE THAN 3 DAYS – GR
2. ½ DETAIN – WOMAN – MINOR – PUBLIC OFFICER
3. SIMULATION OF PUBLIC AUTHORITY –
4. SERIOUS P.I.
5. Threats to kill
SLIGHT I.D.
KILLED, TORTURE – QUALIFIED KIDNAPPING AND SERIOUS ILLEGAL DETENTION

Extort ransom -
74. Which among the following is an absolutory cause in trespass to dwelling?

a. Enter another's dwelling for the purpose of preventing some serious harm to himself
b. Enter the dwelling of another to prevent harm to the occupants of the dwelling or a third person
c. Entering the house of another for the purpose of rendering some service to humanity or justice
d. Entering cafes, taverns, inn and other public houses, while the same are open
E. All of the above
75. A, with intent to kill, entered the house of B and killed B. Here, ____.
a. there is trespass to dwelling aggravated by dwelling
b. there is only trespass to dwelling
c. only the crime of homicide was committed
d. no crime was committed
e. homicide is committed aggravated by dwelling
maximum
Generic AC -
76. A told B, “I will rape/kill you and your relatives if you will not accept me as your boyfriend". Here, A committed
a. attempted rape
b. attempted murder/homicide
c. grave threats
d. no crime
e. grave coercion
77. A robber pointed his gun against B and said, "bigay mo pera mo, kung hindi papatayin kita”. What crime was
committed?
a. Robbery only – violence – intimidation – uttering of words – absorbed – robbery
b. Robbery and grave threats
c. Grave threats only
d. Theft
78. A compelled an old woman to take off her clothes and ordered her to confess that she was a thief. Here, the
crime is
a. grave coercion
b. acts of lasciviousness
c. attempted rape
d. anti-violence against women
79. Maria boarded a taxi cab. The driver of the taxi got instantly attracted to Maria. He asked Maria if they could
have a date in a nearby disco. Maria refused. When the driver heard this refusal, he accelerated the speed of the
taxi and threatened that unless Maria agreed to a date, he would bump the taxi. What crime was committed by the
driver?
a. Grave threats
b. No crime
c. Anti-violence against women
d. Grave coercion
80. In the hierarchy of evidence, it is considered as the most reliable because its physical appearance cannot lie?
A. testimonial
B. documentary
C. direct evidence
D. real evidence – SENSES -object – autoptic – physical – tangible – fermented cider

81. Rebellion and coup d‘ etat when committed by military personnel will subject them to court martial proceedings.
The nature of court martial proceedings is_________.
A. civil
B. administrative
C. criminal
D. sui generis – JURISPRUDENCE – MILITARY LAW – CLASS OF ITS OWN -
82.A threatened B that unless B pays his debt, B would be taken to the camp to be killed. The next day, out of fear,
B paid the amount. The crime committed is
a. grave threats
b. no crime
c. anti-violence against women
d. grave coercion
83. A is the lessor while B is the lessee. B is one year delayed in paying his RENT. A, THE LESSOR, WITHOUT ANY
COURT ORDER, forcibly removed B from the premises and the latter’s family and property from the rented premises.
Here, A is liable ___
a. liable for grave coercion
b.liable for unjust vexation
c.not liable for anything
84. A, by means of violence, dragged and carried a girl to a distance of three meters from the place where she
originally was. The girl constantly screamed, so A finally released her. A is liable for
a. grave coercion
b. illegal detention
c. unjust vexation
d. attempted rape
e. indeterminate offense
85.Mario and Maria were about to be married. Maria, at the last minute, decided to back out of marriage. Mario
forcibly dragged Maria to a room and kept her there for a long time, and compelled her to proceed with the
marriage. Here, Mario is
a. liable for serious illegal detention
b. liable for grave threats
c. liable for grave coercion
e. liable for attempted rape
86. X, a jobless drug addict, pointed a gun against a known drug pusher and demanded for the delivery of the drugs
to him (X). The drug pusher, out of fear, handed the drugs to X. What crime was committed by X?
a. Robbery
b. Theft
c. Grave coercion
d. No crime
Not lawful commerce -
87. A delivered to B a cell phone for safekeeping. When A was now taking the cell phone back, B poked a gun
against A, telling A that he would not return the cellphone. Is there robbery on the part of B?
a. Yes, because there was taking of property.
b. No, because he did not take the property by violence or intimidation. It was originally handed to him.
c. Yes, because there is violence against a person.
d. No, because there was no force upon things.
88. A saw B placed P1,000 bill in the latter's coat. A, with intent to take the P1,000 bill, held-up B by pointing a gun
and took the coat. When A reached home, the P1,000 bill was no longer in the coat. What crime was committed by
A?
a. Robbery
b. Theft
c. Impossible crime

d. No crime
e. Grave coercion
89. A, out of hatred, broke the drawer where B was hiding his gun, then A threatened B with the gun. What crime
was committed?
a. Robbery
b. Grave threats
c. Grave coercion
d. No crime
Not robbery – out of hatred – no intent to gain – His intention appears to be using the gun for the purpose of
threatening the victim by using it
90. A, by violence, took the cell phone of B. When A got home, he realized that the cell phone he took from B was
his own missing cell phone. What crime was committed?
a. No crime
b. Robbery
c. Theft only
d. Impossible crime
e. Grave coercion
Impossible crime or Grave Coercion – not IC –violence –
Other provision of the RPC -xxxx
91. On an open road, X cut with a bolo the strings tying the mouth or opening of a sack containing palay which were
left therein for drying and then took the palay inside the sack. What crime was committed?
a. Theft
b. Robbery
c. No crime
d. Impossible crime
Theft – force employed was not used on a building, house or edifice devoted to religious worship
92. X entered through the window of a house and cut with a bolo the strings tying the mouth or opening of a sack
containing palay and then took the palay inside the sack. What crime was committed?
a. Theft
b. Robbery
c. No crime
d. Impossible crime
93. A snatched the bag of B and run away. A committed

a. theft
b. robbery
c. qualified theft
94. A snatched the bag of B and run away. He did the

act of taking the bag while pushing B to prevent B from pursuing him. A committed _____
a. theft
b. robbery
c. qualified theft
95. At the end of the semester, a teacher secretly talked to his student and demanded that unless the student gives
P1,000, he would fail the student. The student gave the amount immediately. What crime was committed by the
teacher?
a. Theft
b. Robbery
c. Qualified theft
d. None of the above
96. A took the wallet of B from behind and run away. B chased A. A, to defend the stolen property, boxed B, causing
the latter's black eye. What crime was committed?
a. Robbery

b. Robbery with physical injuries
c. Theft
d. Theft and slight physical injuries
e. Theft and grave threats
97. A took the wallet of B from behind and ran away. B chased A. A threatened B with a knife to discourage B from
pursuing any further to recover his own property. What crime was committed by A?
a. Robbery
c. Theft
98. A took the wallet of B from behind and run away. B chased A. A stabbed B with a knife to discourage B from
pursuing him any further. B died. What crime was committed?

a. Robbery
c. Robbery with homicide
Special Complex Crime – Composite Crime
Observe the hierarchy to know what are absorbed

1. Robbery with Homicide
2. Robbery with Rape
3. Robbery with Intentional Mutilation
4. Robbery with Arson
5. Robbery with Serious Physical Injuries
6. 6Robber with use of unnecessary VIOLENCE
7. SIMPLE ROBBERY
Homicide – generic sense

Even if there many victim – Robbery with Homicide
Romel – tambay – died – RwH
Accident – Jerry – RwH
Police – Romel – died – polivdc e – RwH
In robbery with rape – when the robbery shall have been accompanied by rape
Robbery with rape does not cover attempted rape
Homicide – pwedeng nauna – sumunod -intent – to take personal property
No multiple homicide or robbery with multiple counts of rape – 1 special; complex crime
99. . X, by force, took the tires of a parked automobile.

This is____. a. robbery
b. theft
c. no crime
d. carnapping
force – house, building or edifice devoted to religious worship
100. X broke the window of a car and took cell phones therein. This is __.
a. robbery
b. theft
c. no crime
d. carnapping
101. X broke the window of a house and inserted his hands and took the cellphones from the coffee table.
This is
a. robbery

b. theft – robbery – entire body – into the house
c. no crime
d. carnapping
102. A and B announced robbery inside a house, but the head of the family fought with his gun. Firefight ensued.
After the fire fight, the head of the family died. A and B fled with nothing in their hands because the resistance of
the head of the family prevented them from taking any property. What crime was committed?
a. Attempted robbery with homicide (attempted robbery committed under certain circumstances)
b. Attempted robbery and homicide
c. Attempted robbery and murder
d. None of the above
103. A and B, at gunpoint, took from a fisherman a certain motorized boat from the shore. But since they could not
start the motor, it would not move. A and B killed the boatman. What crime was committed?
a. Attempted robbery with homicide (attempted robbery committed under certain circumstances)
b. Attempted robbery and homicide
c. Attempted robbery and murder
d. Piracy
104. A entered a house through an open door. The owner, not knowing that A was inside, closed and locked the
door from the outside. A, after taking some personal properties, went out of the house through the window. Here A
is ____. a. not liable
b. liable for theft
c. liable for robbery
d. liable for trespass to dwelling
105. X used a false key or picklock to open an INSIDE DOOR, like a door of a certain room, and once inside, he took
the cell phone of the sleeping owner. What crime was committed?
a. Theft
b. Trespassing
c. Malicious mischief
d. Robbery
e. No crime
1. Only an inside door is involved

2. False key - - if was used in order to open an outside door- robbery
106. A and B pretended to be police officers and knock at the door of C in order to enter. C allowed A and B to
enter. Once inside, A and B announced holdup and the two took by violence and intimidation the property of C.
What crime was committed by A and B? a. Theft
b. Trespassing
c. Malicious mischief
d. Robbery
e. Estafa
107. X carried away a sealed boxed or receptacle for the purpose of breaking it outside the house where he took it.
X was not able to destroy the sealed box or receptacle because he had no tools to break it. What crime was
committed? a. Theft
b. Attempted robbery
c. Frustrated robbery
d. Robbery
e. Impossible crime
Art. 299 (b) (2), robbery – kinuha mo yung furniture or objects away to be broken or forced outside the place of
the robbery
108. X found a locked box carried over by storm surge on the street. X brought it home and destroyed it and took its
contents. This is ___.
a. robbery
b. qualified theft – theft – storm surge – calamity – QT
c.theft
d. malicious mischief
e. no crime committed

109. A ship sunk in the Manila Bay. The accused, a local fisherman, dived down there, entered the sunken ship, took
the locked vault, destroyed it at home and took the valuable inside. This is
a. robbery
b. theft
c. trespassing
d. civil case only
Art. 301 (1), a ship is covered by the term inhabited house
110. A, before leaving for the province, entrusted to B the keys to his house.
While A was in the province, B used the key to open the house and took the valuables inside. B is ____
a. liable for theft
b. liable for qualified theft
c. liable for robbery

111. The accused received from a gullible provincial folk a bar of gold for the purpose of having it examined by a
goldsmith. The accused never returned the gold to that gullible provincial folk. What crime was committed?
a. No crime
b. Theft

111. The accused received from a gullible provincial folk a bar of gold for the purpose of having it examined by a
goldsmith. The accused never returned the gold to that gullible provincial folk. What crime was committed?
a. No crime
b. Theft
c. Estafa
d. Fraud
The accused only had physical or material possession, - theft

Obtained Juridical Possession – appropriate – Estafa
Juridical Possession – possession which gives the transferee a right over the thing which the transferee may set up
against the owner
112. Petra pledged her jewelry to Pedro. Without the knowledge of Pedro, Petra took the jewelry from the vault of
Pedro. What crime was committed by Petra?
a. Theft
b. Estafa
c. No crime
d. Malicious mischief
113. A sold rice worth P500 to B. B paid with a P1000peso bill. A said he had no smaller bills to give the change so
he would turn the P1,000-peso bill to smaller bills inside a shopping mall. Meanwhile, B kept waiting for A, but A
never returned since he absconded with the entire money. What crime was committed?
a. Theft – physical or material possession – money
b. Estafa
c. Qualified theft
d. No crime
114. A took the car of B and burned the car 500 meters from where he took it. This is ____.
a. arson
b. theft
c. carnapping
d. all of the above
e. carnapping with arson
115. Pedro was the college school mate of Juan. Juan, out of pure generosity, allowed Pedro to sleep in his house.
Pedro stole the property of Juan while Juan was sleeping. What crime was committed?
a. Theft
b. Qualified theft – abuse of confidence
c. Estafa
d. Robbery
116. The accused killed the cow of his neighbor because the cow entered his rice fields and caused damage thereto.
What crime was committed by the accused?
a. Theft
b. PD 533 – Anti-Cattle Rustling Law - Large Cattle -
c. Estafa
d. Malicious mischief
117. A lost in a land case against B. A, who could not accept defeat, took possession of the land subject of the case
and harvested the rice by means of threats and intimidation against B. What crime was committed by A?
a. Occupation of real property or usurpation of real rights in property
b. Robbery
c. Squatting
d. Theft
118. A is the landlord and B is the tenant of a rice field. A and B are supposed to share 50/50 regarding the
proceeds of the rice fields. During a certain harvest season, the palay were sold by B to C and he got P100,000. He
is supposed to deliver one half of the P100,000 to A. B did not deliver P50,000 to A. What crime was committed by
B?
a. Theft
b. Estafa
c. No crime but civil case only

d. Qualified theft
119. A ship to B a balikbayan box containing imported goods. The balikbayan box was erroneously delivered to C.
When A and the shipping company were recovering from C the balikbayan box, C denied having received the
balikbayan box. What crime was committed?
a. No crime
b. Quasi contract -
c. Unjust enrichment
d. Solutio indebeti – A at B -Court – 10 years – prescribed – nangutang 10K -
e. Estafa – deceit – damage
120. A borrowed book from B to be returned upon demand by B. A sold the books to C. What crime was committed
by A? a. No crime
b. Qualified theft
c. Estafa
d. Theft of motor vehicle
121. . A purchased a motorcycle payable in 12 monthly installments. A lost his job due to the pandemic and could not
pay anymore the monthly installments of his motorcycle. What crime was committed?
a. No crime – A’s liability is only civil in nature – contract of loan – No person shall be imprisoned by reason of non-
payment of debt.
b. Qualified theft
c. Estafa
d. Theft of motor vehicle
122. A received from B a ring to be sold, with instruction to deliver it back to B if not sold within one week. A gave
the ring to a sub-agent (without authority from B, the principal) so that the sub-agent may sell the ring. The sub-
agent absconded with the ring. Is A criminally liable?
a. Yes, for qualified theft.
b. Yes, for estafa.
c. Yes, for civil case only.
d. No, A is not liable at all.
123. A received a ring from B, with instruction to sell it for cash. A sold the ring on installment. Is A criminally liable?
a. Yes, for qualified theft.
b. Yes, for estafa.
c. Yes, for civil case only.
d. No, A is not liable at all.
124. A borrowed a phone from to be used on a particular social event. When B was asking for its return, A denied
having borrowed any phone. What crime was committed by A? a. No crime
b. Estafa
c. Theft
d. Qualified theft
e. Civil liability only
125. A stole the passbook of B, forged the signature of B and succeeded in withdrawing the money of B. What
crime was committed?
a. Estafa through falsification of commercial document
b. Theft
c. Qualified theft
d. Falsification
e. Forgery
Forgery – 1. by giving to a treasury or bank note or any instrument payable to bearer or to order, the appearance of
a true and genuine document
3. By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs contained
therein
CHECKS -

* Falsification
1. counterfeiting or imitating any handwriting, signature, rubric
2, causing it to appear that persons have participated in act or proceeding which they did not in fact so participate
EX. Extrajudicial settlement of estate – 5 siblings – 2 Japan – Pilipinas – pumirma – 2
COMPLEX CRIME –
2 KINDS
1. WHEN A SINGLE ACT CONSTITUTES 2 OR MORE GRAVE OR LESS GRAVE FELONIES
- COMPOUND CRIME – DELITO COMPUESTO
- EX. BOMB PRODUCING DIFFERENT EFFECTS
- CRIME CHARGED – DOUBLE OR MULTIPLE MURDER
2. When an offense is a necessary means of committing another crime
- COMPLEX CRIME PROPER – DELITO COMPLEJO
- B WITH LEWD DESIGN, FORCIBLY ABDUCTED A, FORCED A INTO THE HOUSE AND RAPED HER.
- FORCIBLE ABDUCTION WITH RAPE OR RAPE THROUGH FORCIBLE ABDUCTION
126. A forged a losing sweepstakes ticket, making it appear that it had the winning combination. A tried to present it
at the PCSO but it was discovered as a forgery. A is liable for
a. attempted estafa through forgery
b. attempted estafa
c. attempted theft
d. falsification of official document
127. . A delivered to a certain alajero a diamond in order to assess its value. The alajero removed the diamond and
changed it into a stone of lower quality. What crime was committed by the alajero?
a. Estafa – DECEIT – DAMAGE
b. Theft
c. Qualified theft
d. Robbery
128. A made promissory notes and delivered them to his creditor. A requested to see his promissory notes from his
creditor and once these notes were shown to A, he destroyed them and never made new ones in favor of his
creditor. A is guilty of
a. malicious mischief
b. unjust vexation
c. arson
d. estafa
129. A pawned his jewels at a pawnshop. While A was sleeping, B, his servant, took the pawnshop ticket and
redeemed the jewels. What crime was committed by B?
a. Complex crime of estafa through theft
b. Estafa
c. Theft
d. Falsification
130. A bus conductor charged the passenger 20 pesos but issued a ticket for 15 pesos only. This is
a. estafa
b. other forms of swindling
c. other deceits
d. theft
Other deceits -1. Rudy baldwin – interpret dreams, forecast, tell fortunes ,- profit or gain
2.Defrauding another person by means of deceit
131. A person borrowed P1000 as an advance for his services as a maid. After said advance, he never returned to
pay his indebtedness by means of household services. He is liable for
a. estafa
b. other forms of swindling
c. other deceits
d. theft

132. A servant was not paid his wage. The servant did not feed the dog of his master as an act of hate or revenge.
The dog died of hunger. This is
a. cruelty to animal
b. malicious mischief
c. theft
d. murder
133. A, out of hatred, released the bird of Y from its cage. This is
a. cruelty to animal
b. malicious mischief
c. theft
d. murder
134. X scattered coconut remnants with human waste inside a building. This is
a. other mischiefs
b. murder
c. homicide
d. no crime
MALICIOUS MISCHIEF – willful damaging of another’s property for the sake of causing damage due to hate, revenge
or other evil motive
Other Mischiefs – covers mischiefs not included in Art. 328
Special cases of malicious mischief

1. causing damage to obstruct the performance of public functions
2. Using any poisonous or corrosive substances
3. Spreading infection or contagion among cattle
4. Causing damage to the property of the National museum or Library or to any road, promenade or any other
thing used in common by the public
135. A father took the suitcase of his son and burned it. The crime is
a. malicious mischief but exempted from criminal
liability – theft, swindling, malicious mischief – absolutory cause – brothers – living together – in laws
no criminal liability – but with civil liability
b. malicious mischief but not exempted from criminal
liability
c. arson but exempted from criminal liability
d. arson but exempted from civil liability
136. X pointed a gun against his father in order to scare his father to give some money. X's father gave the money as
demanded. What crime was committed by the son?
a. None, only civil liability
b. Robbery – intimidation – violence
c. Theft
d.Grave coercion
e.Exempted
137. An individual approached and asked you on how to file a case against another. The act complained of happened
more than 1 week ago. Upon initial inquiry, you learned that the act complained of is punishable with imprisonment
of 4 years and 2 months or less. What will be your advice?
A. to proceed with the warrantless arrest and the conduct of inquest proceedings.
B. to proceed with the complaint before the police station and request that a warrantless arrest be conducted.
C. to proceed with the direct filling of the case before the prosecutor’s office for the conduct of preliminary
investigation.
D. to file the case directly with the Municipal Trial Court.

Province: Preliminary Investigation – Fiscal
Crime – 4 years 2 months and 1 day or more OFFICE OF THE PROSECUTOR
Less than 4-2-1---4 years and 2 months and less NO P.I.
Options
1. File Directly MTC, MCTC
2. File O.P – 10 days – probable cause – FILE
INFORMARTION MTC-MCTC
Metro Manila
Crime – 4 years 2 months and 1 day or more OFFICE OF THE CITY PROSECUTOR – P.I.
Less than 4-2-1---4 years and 2 months and less NO P.I.
Exception: Pateros – rules on province OFFICE OF THE CITY PROSECUTOR – 10 DAYS –

PROBABLE CAUSE – FILE INFORMATION - METC
138. X is charged with murder. On arraignment, he pleaded "guilty” and made the following
remarks/qualifications: "hindi ko sinasadya". What has become of the plea of guilty because of these remarks? a. It
has become a conditional plea.
b. It has become a plea of not guilty.
c. All of the above
d. It has become a plea of guilty with mitigating circumstance. – plea guilty – reduce – minimum
139. The prosecution for the crime of piracy under Art. 122 of the Revised Penal Code shall be___________.
A. international
B. extra -territorial
C. territorial
D. jurisdictional
NEW DOCTRINE SA BIGAMY – PEPITO – ANGELICA – MARRIED

PETITITION FOR DECLARATION OF NULLITY OF MARRIAGE – FILED – PENDING
PEPITO – CRYSTAL = 2ND MARRIAGE – BIGAMY
IN THIS CASE – BIGAMY –
BIGAMY – CRUSTAL – PENDING

GRANTED –
SC – ACQUITTED
140. Filemon struck Javier with his bolo. Javier was hit on his palm as a result. HE merely consulted a doctor and
the 2-inch incised wound was treated. Twenty-two days after the incident, Javier died of tetanus infection which is
said to have its origin not from the bolo of Filemon, but from a dirty ditch where Javier voluntarily and negligently
soaked his injured hand in. Is Filemon still criminally liable for the death of Javier?
A.Yes, The wound inflicted by filemon was the proximate cause of death of Javier
B.Yes, the death of Javier was a supervening event that made Filemon liable for the death of Javier and double
jeopardy will not set in.
C.No, the deliberate and malicious act of Javier of soaking his wound in a dirty ditch has been held to be an efficient
intervening cause
D.No, But Filemon is still criminally liable for some other crime, such as slight physical injuries
EFFEICIENT INTERVENING CAUSE – NEW AND INDEPENDENT ACT – PROXIMATE CAUSE OF AN INJURY – BREAKS
THE CAUSAL CONNECTION BETWEEN THE ORIGINAL WORONG AND THE INJURY
141. What is the inquiry or proceeding the purpose of which is to determine a well-founded belief that the person
has committed a crime and probably guilty thereof?
A. motion for issuance of warrant of arrest
B. preliminary investigation
C. inquest proceedings
D. petition for issuance of search warrant

142. A number of lawmakers want to reimpose the death penalty, which imposition is prohibited by RA 9346.
Assuming that the death penalty is revived, which among the following will happen if the accused pleads guilty to a
capital offense?
a. The court will conduct a searching inquiry into the voluntariness and full comprehension of the consequences of
his plea.
b. The court shall require the prosecution to prove the guilt of the accused and precise culpability.
c. The accused may still present evidence in his behalf.
d. All of the above
143. If the accused attended the arraignment without a lawyer. Which of these is not included in this four-fold duty
of the judge in case the accused attended an arraignment without his counsel?
a. The judge must inform the accused of his right to attorney before the arraignment.
b. The judge must ask the accused if he desires to have a lawyer.
c. If the accused answers that he desires to have a lawyer to defend him but unable to employ one, the court
must assign an attorney de officio.
d. If the accused desires to procure an attorney of his own, the court must grant him a reasonable time
therefore.
e. The judge, in order to save time, must tell the accused to just confess to the crime so that he will be
entitled to a mitigating circumstance of confession of guilt.
144. Which of these is not an absolute extinction of criminal liability?

A. full service of sentence
B. death
C. conditional pardon
D. amnesty
MODES of TOTAL EXTINCTION OF CRIMINAL LIABILITY

4.ABSOLUTE PARDON
5. PRESCRIPTION OF CRIME
6. PRECRIPTION OF PENALTY
MARRIAGE OF THE OFFENDED PARTY – ART. 344, RPC
*partial
2. commutation of sentence
3. GCTA
4. parole
RA 10592- PARTIAL EXTINCTION – CRIMINAL LIABILITY

1. CONDITIONAL PARDON
2. COMMUTATION OF SENTENCE
3. GCTA
145. A. stabbed B. B was brought to the hospital by his relatives, but B refused blood transfusion because he is a
member of a religious group that forbids blood transfusion among its memberS. B died due to loss of blood
attributed to his refusal to be the subject of blood transfusion. Is A here still criminally liable for the death of B?
A.Yes, Refusal of the victim to be hospitalized/treated is not an efficient intervening cause
B.No more, because it was B’s fault that he refused medical treatment
C.Yes, because A is inherently evil in killing a religious man
D.NO, because religious belief must be set aside in lifeor-death situations
146. The killing of a person who is a minor below twelve years old is _____________.
A. Murder
B. parricide
C. homicide
D. infanticide
147. The Regional Trial Court has jurisdiction over cases the penalty of which is imprisonment of_________.
A. 4 years, 2 months and 1 day
B. 12 years
C. not exceeding 6 years
D. 6 years and 1 day or more – 6 YEARS AND BELOW - MTC

148. All of the following are grounds for a motion to quash, EXCEPT when_______.
a. the facts charged do not constitute an offense
b. the court trying the case has no jurisdiction over the offense charged
c. the court trying the case has no jurisdiction over the person of the accused
d. the officer who filed the information had no authority to do so
e. the information does not comply substantially to the prescribed form
f. more than one offense is charged (duplicitous information)
g. criminal action or liability has been extinguished
h. the information contains averments which if true, would constitute legal excuse or justification
i. the accused has been previously convicted or acquitted of the offense charged (double jeopardy)
k. the accused is suffering from unsound mental condition, or there is a prejudicial question, or there is a pending
petition for review before the DOJ – suspension of arraignment – 60 days
149. In relation to the immediately preceding question, which ground for a

motion to quash is not waived even if NOT ALLEGED by the accused?
a. Letters a, b, g and i
b. Letters c, d, e, and f
c. Letter f, g, and h
d. Letter k only
150. In order to prove the contents of the agreement, what is required to be presented in court?
A. the testimony of the witnesses
B. the secondary document
C. the original of the document – BEST EVIDENCE RULE (old) – ORIGINAL DOCUMENT FRULE – REVISED ROE
D. All of these
151. The accused is charged for crime that happened a long time ago, despite knowledge or discovery of the said
crime, the complaint was only filed recently. What remedy should the accused do in order to seek dismissal of the
case against him?
A. file a motion for reconsideration
B. file a motion for a new trial
C. file a notice of appeal
D. file a motion to quash the information
152. Under the Rules of Court, when is the party (prosecution or defense) considered to have rested its case?
A. after the prosecution has offered its exhibits.
B. as may be ordered by the court.
C. as may be agreed during pre-trial.
D. after the court has ruled on the formal offer of evidence.
153. Which of the following is not arbitrary detention under the Revised Penal Code?
A. Arbitrary Detention under Art. 124
B. Delay in the delivery of detained persons to the proper judicial authorities
C. Delaying Release – collectively known as arbitrary detention
D. Unlawful Arrest under Article 269
154. During all stages of trial, the accused has the right for the assistance of_______
A. the court
B. counsel
C. the public attorney’s
D. to assistance of the public
155. So as not to be convicted twice for the same act, the accused has the right against
_________.
A. double trial
B. double jeopardy – arraignment
C. complex crimes
D. mistrial

A crime was committed in Makati, but the prosecutor filed the case in Muntinlupa. Later, when the prosecutor
realized the mistake, he filed the case in Makati and withdrew the Muntinlupa case. The accused objects on the
ground that there is double jeopardy. Is there double jeopardy?
a. Yes, the case had already been filed before a court.
b. No, if the Muntinlupa court had no jurisdiction, the accused was in no danger of being placed in jeopardy.
c. Yes, since the case is already filed in court and this is the mistake of the prosecutor.
d. No, because not all the elements of double jeopardy are present.
156. The prosecutor filed a case of homicide against X. Before X could be arraigned, the prosecutor withdrew the
information, without notice to X. The prosecutor then filed a murder case against X. X invokes double jeopardy. Is
there double jeopardy here?
a. Yes, because he was prosecuted twice.
b. No, because there was no arraignment that took place yet.
c. Yes, because the law said so.
d. No, since the original charged was withdrawn.
157. The city prosecutor charged A with serious physical injuries for stabbing B. A was tried and convicted as
charged. A few days later, B died due to severe infection of his stab wounds. Can the prosecution file another
information against A for homicide?
a. Yes, since B’s death shows irregularity in the filing of the earlier charge against him
b. No, double jeopardy is present since A had already been convicted of the first offense
c. No, there is double jeopardy since serious physical injuries is necessarily included in the charge óf homicide
d. Yes, since a supervening event altered the kind of crime the accused committed - DOCTRINE OF
SJUPERVENING EVENT
158. If after the first prosecution, a new fact supervened on which the rise to a new and distinct offense, the accused
cannot be said to be in double jeopardy. Thus, the defendant may be held liable, altering the character of the crime
and giving jeopardy if indicted for the new felony. This statement refers to
a. Doctrine of supervening fact or event –
b. Doctrine of subsequent discovery
c. Double jeopardy
d. None of these
DOCTRINE OF SUBSEQUENT DISCOVERY – FRUSTRATED HOMICIDE – prosecutor – discover -dead
159. The accused was charged with frustrated homicide. At the time of the arraignment, the accused pleaded guilty.
At that time, neither the prosecutor nor the court was aware that the victim had already died. When the prosecutor
learned of the victim's death, he immediately filed a motion to upgrade the charge from frustrated homicide to
consummated homicide. Here, there is no double jeopardy because of
a. Doctrine of supervening fact or event
b. Doctrine of subsequent discovery
c. Ex post facto law – a law that punishes an act in which it was not punishable at the time of its commission –
1. HAYDEN KHO – 2007 – 2009 – RA 9995 – ILLEGAL – UNCONSTITUTIONAL
- a law that imposes a graver penalty other than the penalty prescribed by law at the time of its
commission
PROSPECTIVITY – prospectively not retroactively – pasulong – pauna – sa mangyayari pa lamang –
JESTONY RAPE – 2010 – AM- 6 MONTHS

2015 – RAPE – RP
2016 – CONVICTED – EX POST FACTO LAW
GR; PROSPECTIVITY – prospectively not retroactively – pasulong – pauna – sa mangyayari pa lamang –

EXCEPTION - IF THE NEW LAW IS FAVORABLE TO THE ACCUSED – RETROACTIVELY – AM -
JESTONY RAPE – 2010 – RP -

2015 – RAPE – AM
2016 – CONVICTED – EX POST FACTO LAW
EXCEPTION TO THE EXECPTION – BABALIK KA SA GR-

HABITUAL DELINQUENT – NO RETROACTIVE APPLICATION
--- WITHIN A PERIOD 10 YEARS – RELEASE – LAST CONVICTION –
SERIOUS OR LESS SERIOUS P.I. – ROBBERY – THEFT – ESTAFA- FALSIFICATION
3RD TIME OR OFTENER

1980 – SPI – BAGO 1990 – FALSIFICATION – ESTFA – 3 BESES O MAS MARAMI
d. Bill of attainder – due process – law that inflicts punishment even without judicial trial
160. The accused bought a car and in payment thereof, he simultaneously issued checks to the seller. These checks
subsequently bounced. Which of these may be filed against the accused?
a. Estafa
b. BP 22
c. Either estafa or BP 22, or both Estafa and BB 22; there is no double jeopardy
d. The prosecution must choose whether it will file estafa only or BP 22 only; just choose one, otherwise there would
be double jeopardy
161. It is a rule which states that when an accused files a motion to quash because if the grounds are not stated in
the motion, all the grounds under the rules into alleged in support of his motion are considered waived:
a. Omnibus motion rule
b Double jeopardy
c. Bill of attainder
d. Nolle prosequi – will no longer prosecute
e. Time bar rule – PROVISIONAL DISMISSAL
6 YEARS AND BELOW PRIVATE COMPLAINANT – ABSENT

TEMPORARY – P.D.
REVIVE – 1 YEAR
PERMANENT DISMISSAL –
MOTION TO QUASH – DOUBLE JEOPARDY
MORE THAN 6 YEARS 2 YEARS –
162. When is the search and seizure considered as unreasonable in purview of the constitution?
A. it is unreasonable if conducted by the police not incidental to lawful arrest.
B. it is unreasonable if conducted by the police not within the plain view.
C. it is unreasonable if no application for warrant is applied
D. it is presumed unreasonable when the search is without a warrant. – GR
163. Which of the following is not an alternative circumstance?

A. degree of education
B. lack or absence of motive
C. intoxication
D. relationship
164. The basis of arbitrary detention is the deprivation of liberty ____________.

A. without a warrant
B. by police officers
C. without legal ground
D. by any public officers
165. A is a police officer. He detained B without a warrant. The crime committed is considered as light offense. The
investigation revealed that the detention is with legal ground. When will Julie be considered to have committed
arbitrary detention?
A. the moment B is not delivered to the prosecutor’s office for conduct of inquest.
B. the moment B is not delivered to proper judicial authority 18 hours from the time of arrest.
C. the moment B not delivered to proper judicial authorities within 36 hours from the time of arrest.
D. the moment B is not delivered to proper judicial authorities within 12 hours from the time of arrest.
166.The crime committed is punishable by imprisonment of at least 4 years, 2 months and 1 day. The suspect has
been arrested. How should the criminal action be initiated?
A. to file the information directly with the regional trial court.
B. at the police station for booking of warrantless arrest and inquest proceedings.
C. at the prosecutor’s office for the conduct of preliminary investigation
D. to file the complaint directly with the municipal trial court

167. A, a police officer detained B, his “kasambahay” for having a quarrel with his 4-year-old child. Can arbitrary
detention be committed by A?
A. yes, because he is a police officer and he detained B without legal ground.
B. no, he has the right to discipline B as his kasambahay.
C. no, because he is the father of his 4-year old child.
D. yes, because the detention is without a warrant of arrest.
168. Suppose A is a non-uniformed police officer. He detained his “kasambahay” after quarreling with his 4year-old
child. Can arbitrary detention be committed by A?
A. no, he has the right to discipline his kasambahay.
B. yes, he has no right to detain his kasambahay in the name of discipline.
C. yes, because he is still a police officer.
D. no, as a non-uniformed police officer, he is not a person in authority
169. Suppose C is a jail officer. Receiving an order from the court directing him to release A, he refused because he
is utilizing A as his personal “masseur”. May C be held liable for not releasing A?
A. no, since the non-release is consensual between C and A.
B. yes, because A may earn money as C’s special masseur.
C. yes, for withholding the release of a person under his custody despite receiving the court order for release of A
Art. 126 – DELAYING RELEASE.
D. none of the above
63. Suppose you are the investigator in a case where A killed B. You concluded that there was no self defense. Which
of the following circumstances did you find out that made the killing not justified?
A. B is an unlawful aggressor
B. A used reasonable means to repel the attack
C. there is unlawful attack from B
D. A has participated in the provocation
170. A punched B and B fell on the ground, meanwhile, by sheer coincidence an incoming emergency vehicle
accidentally ran over the prostrated body of B (or a horse jumped on the prostrated body of B, or B was struck by
lightning), which caused his death. IS A still criminally liable for the death of B?
A.Yes, the act of A in punching B is the direct, natural and logical consequence of B’s death
B.No, because there was an active force/efficient intervening cause that intervened between the act of A in punching
B and such active force is a distinct act foreign from A’s felonious act
C.Yes, because A was commiting a felony when he was punching B
D.Yes, A was the proximate cause of the death of B
171. A, a police officer saw B about to kill C, A is without any relation to C. In order to save the life of C, A shot B
that resulted to death of B. What justifying circumstance is applicable to A?

A. lawful performance of duty
B. defense of relative
C. defense of stranger
D. self defense
171. It is an act which would be an offense against person or property were it not for the inherent impossibility
of its accomplishment, or an account of the employment of inadequate or ineffectual means employed by the
offender, as a consequence of which the accused is held criminally liable for the penalty of arresto mayor or fine not
exceeding 200.00 to 500.00 or both, in order to prevent or suppress his criminal propensity:
A.Light felony
B.Proximate cause
C.Imposible crime
D.Offense
172. A stole the cellular phone of B. C (the mother of A) aware that the cellular phone was stolen sold the same
to D. What is the criminal liability of C, if any?
A. as a mother, C is exempt from criminal liability for the crime committed by A.
B. C will be liable only as accessory for harboring or concealing A for the crime of theft.
C. as a mother, C is not liable as accessory to the crime of theft committed by A.
D. C is liable as accessory to the crime of theft committed by A

ACCESSORY
1. YOU PROFIT YOURSELF OR ASSIST THE OFFENDER TO PROFIT BY THE EFFECTS OF THE CRIME
- MANSAWI – CP – SNATCHED – RECTO
- PO JOHN – CORNER – 100K – 50-50
- MANSAWI – PRINCIPAL – ROBBERY OR THEFT
- ACCESSORY –
- EXCEPTION TO THE RULE
- LIABLE
2. TUMULONG KA TO CONCEAL A CRIME –

GABRIEL – SHA – bff –
MANSAWI – KILLED – MURDER
Sha – ibao nsa lupa –
Gabriel – PBDP
Sha – accessory
3. Public officer – with abuse of public functions –

YORME – GABRIEL – MAPATAKAS NIA SI GABRIEL
ACCESSORY
KAHIT ANO
PRIVATE = Murder- treason -parricide -attempt to kill the President – habitual criminal
Accessory – RPC
Other crimes – makatakas – PRINCIPAL – OBSTRUCTION OF JUSTICE
ART. 20 -RPC – RELATIONSHIP – ACCESSORIES – EXEMPT

EXCEPTION:
173. Intod, armed with a firearm and with intent to kill, positioned himself in front of Mr. Palangpangan’s house,
directly opposite the latter’s bedroom, where he honestly believed the supposed victim was located at that moment.
Intod wasted no time and riddled with bullets said portion of the house. Luckily for Mr. Palangpangan, he was absent
from his room at that moment as he was in another city. Nobody was hit by the bullets fired by Intod. What crime
was commited by Intod?
A.Attempted murder
B.Frustrated murder
C.NO crime
D.Impossible crime (of murder) – JURISRUDENCE – SULPICIO INTOD VS CA AND PP
E.Malicious mischief / alarams and scandal -
174. Suppose that A merely found the cellular phone of B, A did not return it to B. C knowing that B is the owner
sold it to D. What is the criminal liability of C?
A. C is liable as necessary to the crime of theft committed by A.
B. C is not liable as accessory, but a principal for the crime of theft.
C. C is not liable as accessory because A merely found the cellular phone.
D. C is liable for theft because she did not return the cellular phone to B.
175. A thinking that B was just sleeping on his rocking chair, stabbed the latter in order to avenge his old hatred
against B. unknown to A, B already died a few hours ago because of complications brought about by covid 19. What
crime was committed by A?
A.Attempted murder
B.Frustrated murder
C.NO crime
D.Impossible crime
176. Suppose that C disposed the cellular phone by burning the cellular phone, it will be no evidence against A
for the crime of theft. What is the criminal liability of C?
A. being the mother of A, C is exempt from criminal liability.
B. C is not criminally liable as accessory, but as principal for the crime of theft.
C. C is not liable as accessory because A merely found the cellular phone.
D. C is liable for theft because she did not return

177. X saw his enemy Y lying on his bed. X saw an opportunity to kill Y, so he lunged on the latter a series of
hard stabbings .Unknown to X, Y already died of heart attack an hour ago. We all know that X committed an
impossible crime of murder. There is no doubt about that. However, let us assume that X already knew that Y was
already dead when he stabbed the already lifeless body of Y. In this case, what crime was commited by X?
A.Still impossible crime; the foreknowledge of the accused is immaterials
B.Unjust vexation on the part of the relative
C.Damage to property
D.NO crime under the facts cited above – DAMAGES- DESECRATION OF BODY OF DEAD PERSON
E.Malicious mischief
178. From the foregoing situation, suppose that A stole the cellular phone of B and suppose that C is a relative of
A in the fourth degree of consanguinity. C sold the cellular phone to A. What is the criminal liability of C?
A. C is not liable as accessory considering their relationship.
B. C is liable as an accessory for the crime of theft. – par. 1, Art. 19 – liable
C. C is liable as an accomplice for helping A to steal the cellular phone.
D. C is not liable as an accessory but liable as principal.
179. A with intent to kill B, Sprinkled some white powdered substance on the food of B. He believed that what he
mixed was arsenic; a powerful poison. But in reality, he only mistook salt for arsenic. What he actually mixed in the
white powdered substance but did not die. What crime was commited by A?
A.Attempted murder
B.Frustrated murder
C. No murder
D.Impossible crime of murder
E.Impossible crime of homicide
180. After conviction at the Regional Trial Court of an offense not punishable by death, reclusion perpetua or life
imprisonment, bail is________________
A. a matter of right of the convict
B. discretionary to the convict
C. discretionary to the court
D. granted before conviction contentious
MATTER OF RGHT
1.BEFORE CONVICTION BY THE MTC, MCTC, METC
2. AFTER CONVICTION BY THE MTC, MCTC, METC
3. BEFORE CONVICTION BY THE RTC OF AN OFFENSE NOT PUNISHABLE BY DEATH, RECLUSION PERPETUA
OR LIFE IMPRISONMENT
4. BEFORE CONVICTION BY THE RTC OF AN OFFENSE PUNISHABLE BY DEATH, RECLUSION PERPETUA OR
LIFE IMPRISONMENT – YES --- WHEN EVIDENCE OF GUILT IS NOT STRONG
MATTER OF DISCRETION
AFTER CONVICTION BY THE RTC OF AN OFFENSE NOT PUNISHABLE BY DEATH, RECLUSION PERPETUA OR
LIFE IMPRISONMENT
Automatic – hindi granted – recidivist, hd, reiteracion, quasi-recidivist, conditional pardon, probation, parole,
escapee
181. A, B and C were jointly tried and convicted of murder by the Regional Trial Court. Only A appealed but B and C
did not. B started to serve his sentence while C continues to this day to be at-large. In the Court of Appeals, it
rendered a judgment of acquittal in A's favor and the RTC decision was reversed. What will be the effect of A's
acquittal to the criminal liabilities of B and C who did not appeal?
a. No effect
b. They (B and C) will also benefit from the acquittal.
c. Only B will benefit but C who escaped will not.
d. Only C will benefit but B will not.
An appeal taken by one or more of several accused shall not affect those who did not appeal – GR
Exception- in so far as the judgment of the appellate court us favorable and applicable to the latter
182. The accused with lewd design brought the woman who is a minor in a secluded place but with the consent of
the latter. The accused is liable for the crime of__________.
A. simple seduction

B. consented abduction
C. forcible abduction
D. qualified abduction
183. If factum probans refers to evidentiary fact, factum probandum refers to____________.
A. facts in issue
B. ultimate facts – Jerry – guilty – NOT GUILTY- //JOHN – COLLECTION – DID NOT PAY -
C. evidentiary issue
D. main issue
EVIDENTIARY FACTS – FACTUM PROBANS – WITNESSES, CCTV FOOTAGES - ; CONTRACT OF LOAN, PROMISSORY
184. Intelligence is an element of felony. To prove otherwise, is to prove the accused is

_______________.
A. under the concept of mistake of fact
B. deprive of cognition when the crime was committed
C. under the compulsion of an irresistible force
D. under the concept of mistake of identity
2 TESTS
Test of Cognition - complete deprivation of intelligence in committing a crime
Test of Volition – total deprivation of freedom of the will
185. A, with intent to kill B, shot the latter but the gun would not fire because A forgot to load his gun with bullets.
What crime was committed by A under these circumstances?
A.Attempted murder
B.Frustrated murder
C. No murder
D.Impossible crime
186. In the immediately preceding number, let us assume that X had actually made sure that the gun had live
bullets. Now with intent to kill, he aimed his gun against Y. But the gun did not fire. This time the reason for the
non-firing of the gun was that the gun suffered a malfunction as the bullet jammed altogether. What crime was
committed by X?
A.Impossible crime
B.Attempted felony
C.Frustrated felony
D.Kamalasan
188. What is the date of approval of the Revised Penal Code?

A.January 1, 1932 - effectivity
B.December 8, 1930
C.February 2, 1987
D.May 1, 2020
E.July 14, 1887
189. Which of the following acts in the development of crime is NOT punishable by law?
I - internal acts to commit a crime
II - external acts to commit a crime
III - motivating acts to commit a crime
A. II, III
B. I, III
C. I, II
D. I
190. Juan lost his cellphone today. A few months thereafter, Juan took a cellphone from Pedro without the
latter’s consent. Juan immediately hide inside a remote alley across the street and examined the cellphone. To Juan’s
astonishment he discovered that the cellphone that he took from Pedro was the very same cellphone which he lost a
few months ago. What crime was commited by Juan?
A.No crime
B.Impossible crime
C.Theft under Article 308 of the RPC
D.Grave coercion

E.Unjust vexation
191. Which of the following are the two acts in the development of the crime that a person passes through?
I - internal acts to commit a crime
II - external acts to commit a crime
III - motivating acts to commit a crime
A. I, II
B. I, II, III
C. I, III
D. II, III
192. A stole the phone of B and used it for a day. After realizing that what he did was wrong, A returned the
phone to B. Here, A is______.
A.Still liable for theft
B.Stiil liable for robbery
C.NO longer liable for any crime
D.NO longer liable for any crime because of spontaneous desistance
193. Which of the following are elements of perjury?

A. the oath must be administered by an officer competent to do so
B. the testimony or affidavit must have been made to comply with a legal requirement i.e., It must be required by
law and must be under oath.
C. there must be testimony or a statement affidavit made under oath.
D. the witness affidavit must have made willful or deliberate assertion of falsehood on a material matter subject of
inquiry in that case.
E. ALL THE FOREGOING
80. X, with intent to kill, slowly approached Y who was seated on a chair and whose back was turned against X.
Because X had a defective eyesight he miscalculated his target and his knife landed against the frame/back of the
chair, thus alerting Y.Y was not even scratched because the back frame of the chair protected him from injury. Here,
what crime was commited by X?
A.Attempted murder
B.Frustrated murder
C.Impossible crime of murder
D.Attempted homicide
E.Attempted parricide
194. The phase in the commission of the crime when the person is from the point of beginning or within the point
where he can still decide to desist or continue the commission of the crime is referred to as
the___________________.
A. external
B. objective
C. internal
D. subjective – still has control over his acts – no more control; - the subjective phase is passed-
195. X struck Y with a bolo, hitting the latter in his neck, chest, arms and legs. Y pretended to be dead. X thought
he had already succeeded in killing Y, so he left immediately. Y was alive and ran away after X left. What stage of
the crime was committed?
a. Frustrated; the crime was not produced because of causes independent of the will of the accused. In this
case, the pretense of death by Y. – independent of the will of the perpetrator
b. Consummated; it is the state of mind of the accused that should be considered. He thought he had killed Y,
and that is enough to make the crime consummated.
c. Impossible crime; it is impossible to kill another person who pretends to be dead already, so naturally X
already stopped killing Y.
d. Physical injuries; the playing dead of the victim makes it impossible for the court to determine whether the
crime is attempted or consummated.

196. Consider the following statements in regard bail as a matter of right.
1. At the MTC, METC, MCTC before or after convictions
2. At the RTC after conviction if the penalty imposed is not more than six (6) years.
3. At the RTC before conviction of an offense not punishable by death, reclusion perpetua or life imprisonment.
A. Statement No. 1 and 3
B. Statement No. 2 only
C. Statement No. 3 only
D. Statement No. 1 only
197. Which of the following statements are true with regard to preliminary investigation?
A. preliminary investigation is required in all cases regardless of the penalty for the crime charged.
B. preliminary investigation is required when the person is arrested for any crime without a warrant.
C. preliminary investigation is required in cases where the penalty for the crime charged is 4 years, 2 months
and 1 day
D. preliminary investigation is required in cases where the penalty for the crime charged is at least 4 years 2
months and one day
198. A search warrant was issued for more than one specific offense. This kind of warrant is void and not allowed:
a. Scatter-shot search warrant
b. General search warrant – did not particularize the property to be searched or the thing to be sized
c. Plain view doctrine
d. John Doe or blank warrant – name accused is unknown – \Jane Doe
199. The crime of coup d’ etat is committed_______________.

A. by any person or persons belonging to the military or police or holding any public office or employment
B. singly or simultaneously carried out anywhere in the Philippines
C. by a swift attack with violence, intimidation, threat, strategy or stealth against duly constituted authorities of the
Philippines or any military camp or installation, etc.
D. all of these
200. Which of the following is NOT an alternative circumstance? A

A. Intoxication
B. Relationship
C. Education
D. Age
201. Dr. X had long wanted to kill Y, his lawfully wedded wife. So, one night he mixed whitish substances (arsenic)
on the soup of the latter. When the wife had already finished her meal, including the soup with poison, Dr. X had a
sudden change of heart and decided to save the life of his wife by employing his knowledge in toxicology. He
immediately
administered an antidote. The antidote administered by Dr. X prevented the death of the wife who, however,
unfortunately became vegetable-like (nabaldado) thereafter. What crime was committed by Dr. X? a. Attempted
parricide
b. Consummated less serious physical injuries
c. Frustrated parricide
d. Consummated serious physical injuries
e. Attempted murder
202. A waylaid (inabangan) B in the hope of getting his watch. But B left his watch in his house. A pointed his gun to
B and demanded B to produce the watch. But because B had no watch on him, A let B go home unmolested. What
crime was committed by A?
a. Attempted robbery – POKING OF GUN – INTIMIDATION
b. Frustrated robbery
c. Impossible crime
d. Grave threats
203. A complaint or information must charge but one offense, except only in those cases in which existing laws
prescribe a single punishment for various offenses. Of the following crimes, which one is the exception?
A. complex crime
B. continuing crime
C. piracy

D. impossible crime
204. For testimony to be admissible, it has to be based on_______________.

A. personal knowledge
B. hearsay evidence
C. object evidence
D. documentary evidence
205. When shall provisional dismissal of offense punishable by imprisonment not exceeding (6) years become
permanent?
A. three years
B. one year
C. one century
D. two years
206. The police caught the accused urinating in public. When the police arrested the accused, they searched his body
and found a rusty pistol with five (5) live ammunitions. The accused was charged of the crime of qualified illegal
possession of firearms penalized under RA10591. Was there a valid arrest and search?
a. Yes, one caught urinating in public is the same as being caught in the commission of a crime.
b. No, the MMDA regulation violated is punishable only by a fine of five P500.00 or community service. The
said regulation did not provide that the violator may be imprisoned for violating the same, precisely because it is
merely a regulation issued by the MMDA.
c. Therefore, even if it were true that the accused did urinate in a public place, the police officers conducted
an illegal search when they frisked accused for allegedly violating the regulation.
d. It was not a search incidental to a lawful arrest as there was no, or there could not have been any lawful
arrest to speak of. There was no lawful arrest in this case because the accused's violation, if at all committed, was
only punishable by fine.
e. All of these are correct except A
207. Which of the following are crimes mala in se?

A. Offenses punished by the Revised Election Code, a special law, for the omission or failure to include a voter’s
name in the registry list of voters. People v. Sunico. – malum in se- malum prohibitum
B. Violation of comprehensive Dangerous Drugs Act
C. Illegal Possession of Firearms
D. Offenses defined and punished by the Revised Penal
Code
MALA IN SE- PLURAL MALA PROHIBITA – PLURAL

MALUM IN SE MALUM PROHIBITUM
INHERENTLY EVIL; INHERENTLY WRONG NOT - - DEFINE – PUNISH -
GR – VIOLATION RPC GR – SPECIAL PENAL LAWS
EXCEPTION – TECHNICAL MALVERSATION – ILLEGAL Exception; RA 7080- PLUNDER LAW
USE OF PUBLIC FUNDS OR PROPERTY 50M -
INTENT – MATERIAL – GOOD FAITH IS A DEFENSE - INTENT IS IMMATERIAL – GOOD FAITH IS NOT A
NO LIABLE VALID DEFENSE
NAIA – MACHINE- DRUGS -RA 9165 – LIABLE
STAGES OF EXECUTION – ATTEMPTED; FRUSTRATED; CONSUMMATED
CONSUMMATED
DEGREE OF PARTICIPATION – PRINCIPAL; PRINCIPALS
ACCOMPLICE; ACCESSORY
MITIGATING AND AGGRAVATING CIRCUMSTANCES NONE
ARE APPRECIATED EXCEPTION – SPL – ADOPT – PENALTIES -RPC
208. X was caught in the act of pouring gas in the house of another. He was about to strike the match in preparation
to set the house on fire when he was stopped by alerted citizens. What crime was committed?
a. Consummated arson
b. Frustrated arson
c. C. Attempted arson
d. No crime

209. X got mad with his neighbor, so he lit a rag soaked with gas and place it against the wall of his neighbor's
house. A small, very small portion, repeat, very small portion only, of the house was burned. The fire that burned
that portion could not have even hurt anyone. Luckily, the fire was put out before it became a major one. What crime
was committed?
a. Impossible crime of arson
b. Attempted murder
C. Frustrated arson
d. CONSUMMATED ARSON
210. When two persons committed the crime by directly taking part in accomplishing the same crime.
Both accused are criminally liable as_______________.
A. accomplices - persons who, without being principals or accomplices, cooperate in the execution of the offense
by previous or simulatneous acts
B. accessories
C. principals 1. Principal by direct participation 2. Principal by indispensable cooperation 3. Principal by inducement
- PRINCIPAL BY INDUCTION
D. conspiracy
211. X wanted to overthrow the present government, but he is afraid to do it himself. So, he just
suggested/insinuated to his friends to overthrow the present government by force of arms. Is he liable for criminal
proposal?
a. Yes, he already made the proposal to his friends.
b. Yes, because he is the mastermind of the rebellion
c. No, because he has not yet decided to overthrow the government.
d. No, because mere suggestion is not enough as there must be a decided and concrete proposal criminal in nature
e. both c and d
212. The crime of robbery, in general, is committed when the accused shall take the________.
A. personal property of another by means of violence or intimation
B. real property of another by means of violence or intimidation
C. property of another by means of hold-up
D. property of another without the consent of the latter
213. A person committed the crime of murder, he has committed___________.

A. a felony - RPC
B. an offense - SPL
C. a crime - generic
D. an act or omission
214. X told Y, "Let us kill Z!" Y said "No, I don't want to, mag-isa ka na lang" Here, X is ____.
a. liable for proposal.
b. liable for proposal to commit murder.
C. may be liable for impossible crime.
215. Which of the following is not one of the conditions in order that the criminal law may not be given retroactive
application?
A. the offender is a first time offender
B. the criminal law is favorable to the accused - yes
C. there must be a valid criminal law – yes
D. the offender is not habitual delinquent -yes
216. Which of these is punishable?

1. Conspiracy to commit treason, conspiracy to commit rebellion, conspiracy to commit coup d'etat, conspiracy
to commit terrorism
2. Inciting to rebellion, inciting to sedition, inciting to terrorism
3. Proposal to commit treason, proposal to commit rebellion, proposal to commit coup d'etat, proposal to
commit terrorism
4. Inciting to coup d'etat, proposal to commit sedition.
a. 1-4
b. 1-3

c. 1 only
d. None of these
218.The law enacted by Congress that imposes a penalty, other than the Revised Penal Code is_________.
A. ordinance - Sanggunian
B. statute – laws created by Congress
C. criminal code
D. special penal law
219. In order for self-defense to be appreciated, the accused must prove which of these requisites?
a. Unlawful aggression on the part of the victim
b. Reasonable necessity of the means
c. Lack of sufficient provocation on the part of the person defending himself employed to prevent or repel it
d. All of these
220. For a person to be held criminally liable, his unlawful act must be the ____________ of the injury inflicted.
A. causal connection
B. proximate cause
C. intervening cause
D. probable cause
221. A, without any reason, attacked B. B defended himself. When A realized that B was much stronger than him, he
(A) fell to his knees and begged for B to stop the fight. It was at this position that B stabbed A to death. Is B
criminally liable?
a. B is criminally liable. The moment the aggression has ceased/stopped, such as when A begged for mercy to
stop the fight, B no longer had the right to hurt A because A's unlawful aggression has ceased/stopped at that
particular point.
b. B is not liable because he only defended himself from an unjustified attack made by A and the means he
used was reasonable under the circumstances.
c. B is criminally liable and civilly liable.
d. Only A is criminally and civilly liable.
222. Object Evidence and Documentary Evidence are formally offered _____
A. When the object evidence and documentary evidence have been identified and marked.
B. When the documentary evidence has been identified and marked.
C. When all the testimonies of the witnesses have been terminated.
D. At any time during the identification and authentication by the witness.
A is a student of one of the criminology schools in the Philippines. A was given his transcript of records and reflected
therein in his grade in the subject of Evidence which is 2.25. He complained because according to him his grade as
reflected in his class card in the same subject is 1.25.
223. From the situation above, the original of the transcript of record is ___________.
A. the original document/best evidence
B. a relevant evidence
C. parol evidence
D. a documentary evidence – prove its contents
224. From the situation above, if the grade in the class card is presented in evidence to explain or modify the grade
in the transcript of record, which of the following statements BEST its admissibility as evidence?
A. the TOR is material evidence.
B. the TOR is not a parol evidence.
C. the TOR is admissible as a parol evidence.
D. the TOR is a documentary evidence.
225. From the situation above, if the document subject of inquiry is the photocopy of the transcript of record, it is
a_____________ evidence.
A. original
B. material evidence
C. secondary evidence
D. parole evidence

226. From the situation above, if the original of the document cannot be produced anymore, which of the following
statements best describe the procedure to follow?
I - secondary evidence may be presented subject to compliance with certain procedures.
II - secondary evidence may not be presented because it is not the best evidence.
III - secondary evidence are more photocopies, hence they are not original.
A. I, II
B. I
C. I, II, III
D. None of these
227. To produce conviction, the extra judicial confession must be supported by ________.
A. The testimony of the accused affirming his extrajudicial confession.
B. The presentation of corroborative evidence of corpus delicti
C. The testimony of the investigating officer who obtained the confession.
D. the testimony of the counsel who assisted during the investigation
228. The degree of proof that requires moral certainty to produce conviction in an unprejudiced mind is ____.
A. probable cause
B. prima facie evidence
C. proof of beyond reasonable doubt
D. preponderance of evidence
229. When the judge hearing the case has personal knowledge as to the crime committed and now pending before
his SALA, this knowledge of the judge is considered ___________.
A. not a judicial notice
B. common knowledge
C. as judicial s
D. as judicial notice knowledge
230. Which of the following is not partial extinction of criminal liabilities?

A. absolute pardon
B. good conduct allowance
D. commutation of sentence
231. Which of the following statements is/are true in relation to unlawful aggression as one of the elements of self-
defense, defense of relatives and defense of strangers?
1. When the aggressor flees, there is no more unlawful aggression.
2. Although the unlawful aggressor retreats, if he does it to take advantage of a better position, unlawful
aggression still exists.
3. There is no unlawful aggression when there is an agreement to a fight, both protagonist and antagonist
cannot claim self-defense.
4. Rights included in self-defense include defense of honor and property, and even in these cases unlawful
aggression must be present.
5. There is still unlawful aggression even if there was agreement to a fight so long as the aggressor initiates
the attack prior to the agreed time.
a. 1 to 5 are true
b. None of them is true
c. 1 to 2 only are true
d. 1 to 3 only are true
232. One night, X heard intruders inside his house. X armed himself with a rifle and upon seeing a man armed with a
pistol ransacking his house, X shot and killed the man. Is X criminally liable?
a. No, because he was acting in defense of property right.
b. No, because the means employed was reasonable considering that the intruders were armed with a pistol c.
c. None of these
d. Both a and b
233. Which of the following are the elements of mistake of facts?

I- that the act done would have been lawful had the facts been as the accused believed them to be.
II- that the intention of the accused in performing the act should be lawful.
III- that the mistake must be without fault or carelessness on the part of the accused.

A. II, III
B. I, II, III
C. I, III
D. I, II
234. A is a security guard assigned at a rice warehouse. One night, he saw a figure of a man carrying away a sack of
rice. The guard shouted for the latter to stop, but the man did not stop, so A shot the latter with his shotgun, causing
the latter's death. In this case, the guard is .
a. not liable because he acted under defense of property.
b. criminally liable because defense of property may be invoked only if it was coupled with attack against the
owner/possessor/caretaker of the property
c. C. exempted from criminal liability.
d. exempted if he gave a warning shot first.
235. The declaration of an accused acknowledging his guilt of the offense charged, or of any offense necessarily
included therein is _____________.
A. confession
B. admission
C. liability
D. responsibility
236. In what characteristics of criminal law is express and implied repeal are relevant?
A. extra-territoriality
B. prospectivity
C. territoriality
D. generality
237. One night, Anne, a married young woman, was sleeping when he felt a man on top of her. She thought it was
her husband, so Anne let the man had sex with her. After reaching climax, the man said, “Anne, I love you. I am not
your husband. I am Peter". Anne got angry she took a gun and shot Peter. Anne is charged with homicide. Can she
invoke self- defense/defense of honor?
a. Yes. Anne is the victim of unlawful aggression here, unlawful sexual intercourse.
b. No. The unlawful aggression against her honor had already ceased at the time of the shooting.
c. It depends if Peter would marry Anne.
d. Yes. If Anne can show that she locked the door of her house, it will negate negligence on her part.
238. Which of the following is not covered by our criminal law even if they are outside of the Philippine territory?
A. offense committed on board foreign military vessel
B. crime in violation of Title I, Book 2, Revised Penal
Code
C. violation of Human Security Act
D. offenses committed on board Philippine ship or airship while in international waters
warship – is an extension of territory of the country where the warship belongs
embassies – US Embassy - Roxas
239. Under the above set of facts where Anne allowed a man to have sex with her, thinking that he was her
husband, the mitigating circumstance in favor of Anne, if he immediately killed Peter after the sexual intercourse is
a. defense of honor
b. immediate vindication of a grave offense
c. incomplete self-defense
d. self-defense
240. Which of the following is not correct about confession?

A. if made by third persons, in certain cases, are admissible against party.
B. it must always be express, never implied.- yes
C. it is a categorical acknowledgment of guilt. -yes
D. if made by the party himself, in some instances, is admissible against his co-accused. -yes

242. The crime of robbery with force upon things is committed when the person enters the house of another through
any of the following. Which is not included?
A. entering an open door
B. breaking the door or window
C. opening other than the door
D. breaking the roof or floor
243. An evidence obtained is considered as incompetent if ___________.

A. in violation of the right of the accused - Art. 3, Bill of Rights -
B. in violation of the constitution – DOCTRINE OF THE FRUIT OF THE POSIONOUS TREE- ILLEGALLY OBTAINED
EVIDENCE IS INADMISSIBLE IN EVIDENCE
- SILVER PLATTER RULE - ILLEGALLY OBTAINED EVIDENCE IS ADMISSIBLE IN EVIDENCE – NOT
FOLLOWED
-
C. in violation of the rules or statutes – RA 4200 – ANTI-WIRETAPPING LAW – GMA -GARCI-INADMISSBLE
D. All of these
244. When after a certain period of time, the law enforcement officers or private offended party has failed to
prosecute the commission is forever barred to prosecute the same is _____________.
A. prescription of Penalty
B. prescription of crime
D. prescription of prosecution
E. PRESCRIPTION OF CRIME
EUGENE PINATAY NIA SI JAN
MANILA JANUARY 1, 2000
IBINAON – JAN- WALANG NAKIKITA
BATANES – 20 YEARS
MANILA – KINASUAHN NILA SI EUGENE – PRESCRIBED –

MURDER RP – 20 YEARS – DISCOVERED – LAW ENFORCERS
20 YEAR – EUGENE

U.S. – SINAMPAHAN NG KASO – YES

20 – ARREST – YES -

US – SINAMPAHAN –
20 YEARS – PILIPINAS
FILED MURDER –
YES – 20 YEARS – OUTSIDE – STOP

BATANES – 20 –
SINAMPAHAN –
RP – 20
WALA PANG NAKASAMPANG KASO – PRESCRIBED – WITHIN THE PHILS.
PRESCRIPTION OF PENALTY – CONVICTED – MICHAEL SCOFIELD –

DINALA SA BUCOR – MAGSERVE – NAKATAKAS
MURDER -RP – 20 YEARS – PRESCRIBED

US- HINDI TUMATAKBO – SERVE SENTENCE
HINDI PWEDE NA HINDI KA NAGSERVE
EUGENE – MURDER I RP – NO SHOW –
PRESCRIBED – 100 TAON
245. A ship was heavily overloaded without the fault of the ship captain. While in the middle of the sea, the ship
encountered strong typhoon. The captain decided to throw the cargoes of the vessel to lighten the vessel. The ship
survived because of this decision of the captain. Is the captain liable for damage to property case filed by the owners
of the cargo?
a. No, the ship captain is not liable. This is avoidance of greater evil, and therefore, there is also no civil liability.
b. Yes, this is damage to property.
C. No, he acted in defense of himself and strangers.
d. The ship captain is not criminally liable under the necessity/avoidance of greater evil doctrine, but he and others
may be civilly liable. –
246. A witness is allowed to refer to a memorandum to refresh his memory____________.

A. respecting a matter of fact he recorded a long time ago
B. respecting the opinion of an expert
C. respecting a matter of law
D. respecting a matter of fact recorded by his superior
247. Mala in se are those crimes so serious in nature as to call for unanimous condemnation of the society, while
mala prohibita are those which are ____________.
A. declared by statutes to fit the needs of the present times.
B. merely set as violations for certain group of our society.
C. violations of mere rules of convenience designed to secure orderliness in our society.
D. wrongful and serious acts by nature but which was not declared by statutes.
248. Patrolmen A and B were directed by their police superior to arrest C, a notorious cop killer, dead or alive (shoot
to kill). A and B upon seeing C, shot the defenseless C causing his instant death. Are A and B criminally liable?
a. No, because there was a shoot to kill order.
b. Yes, because there is excessive use of force.
c. Yes, because the means used by A and B to carry out the order of their superior is unlawful and the order of the
superior was not lawful.
d. No, because C is notorious.’
249. Independent relevant evidence is admissible to ____________.

A. show that a fact occurred whether it is true or not
B. convince the judge to decide the case in favor of a party
C. prove the falsity of a fact
D. prove the truth of a fact
250. What is the characteristics of our criminal law that covers a Filipino who committed acts of treason while he was
in other countries?
A. exception to territoriality characteristics
B. generality characteristics
C. international law
D. prospectivity characteristics
251. When a person committed the crimes provided under the Revised Penal Code, he is
committing________.
A. an offense
B. a crime
C. an act or omission
D. a felony

252. A slapped the face of B today. One or two days after that slapping incident, B, as a form of revenge, attacked A
for the slapping incident that took place one or two days before. If A fights back against this attack by B, can A claim
self-defense under this present attack?
a. Yes, because A's provocation was most proximate and not immediate to the aggression made by B.
b. No, because A gave provocation.
c. Yes, because although A gave provocation, it was not sufficient.
d. None of these
253. A testimonial evidence that is not based on personal knowledge or perception is a __________.
A. hearsay evidence
B. declaration against interest
C. dying declaration
D. part of res gestae
254. Any person who shall help the principal of the crime in order to conceal the corpus delicti is liable as_______.
A. principal
B. accessory
C. janitor
D. accomplice
255. A kissed B' girlfriend today. One or two days after the kissing incident, B, as a form of revenge attacked A for
the kissing that took place one or two days before. If A defends himself against this attack by B, can A claim self-
defense under this present attack?
a. Yes, because A's provocation was not proximate and immediate to the aggression made by B. b. No, because A
gave provocation.
c. Yes, because although A gave provocation it was not sufficient.
d. None of these
256. Evidence to be credible must___________.

A. come from credible lips and must be credible in itself
B. be incredible in itself
C. come from a child
D. come from credible lips alone
257. Jose was a tricycle driver who was hired by a certain "Boy" to drive the latter to the cockpit. Jose agreed to the
proposal and while on their way to their agreed destination, two other unidentified who were the companions of Boy
boarded the tricycle. Along the way, the trio, to the surprise of Jose, staged robbery against an innocent victim. Jose
tried to escape but "Boy" who stayed inside the tricycle prevented him from leaving by means of gun-poking, and
Boy threatened in fact to shoot Jose. Here, Jose, who drove for the robbers should be acquitted if he is also charged
with robbery because
a. he acted in self defense

b. he is just a poor tricycle driver
c. an act done by him against his will is not his act
d. he acted under the compulsion of an irresistible force
e. either c or d or both of them
258. Homicide is the killing of any person which does not constitute parricide, murder or infanticide and is
not____________.
A. suicide
B. accident
C. justified
D. intentional
259. A police officer testifying before the court is allowed to refer to his/her memorandum respecting a matter of
________.
A. question of law
B. fact recorded by his superior
C. opinion of an expert
D. fact he recorded a long time ago

260. The difference between mistake of fact from mistake of identity is that________.
A. mistake of fact is without criminal liability.
B. mistake in identity is without criminal liability.
C. in both the offender are related.
D. in both there is a lawful mistake.
ART. 4 PAR. 1
ERROR IN PERSONAE- mistake in identity
Art. 49, RPC

CHARGE – CRIME – ACTUALLY COMMITTED BY THE OFFENDER – PARRICIDE
PENALTY – FOR THE CRIME INTENDED TO BE COMMITTED – MAXIMUM PERIOD - HOMICIDE
RJ-
EUGENE -KILLED – HINDI PALA CIA EUGENE – LAER – FATHER -RJ
MADILIM – MASUKAL –
LAER -TATAY
CHARGE – PARRICIDE – RP TO DEATH

PENALTY – RT – MAXIMUM PERIOD
ABERRATIO ICTUS – mistake in the blow
ART. 48, RPC – COMPLEX CRIME
PENALTY – MOST SERIOUS CRIME IN ITS MAXIMUM PERIOD

RJ – EUGENE – TREACHERY – ATTEMPTED MURDER
JAN – PATAY – TINAMAAN – HOMICIDE
ATTEMPTED MURDER – PM
HOMICIDE – RT – MAXIMUM PERIOD
PRAETER INTENTIONEM – result is greater than intended – MITIGATING CIRCUMSTANCE – MINIMUM
261. A, B, C and D murdered Pedro in the forest. E, who was an innocent passerby in the forest, accidentally saw
what A, B, C and D had done. A, B, C and D also saw E, and they pointed their guns against E, and forced E to burn
the cadaver of Pedro. Is E criminally liable as an accessory for burning the cadaver of Pedro?
a. No, he acted under the impulse of uncontrollable fear of an equal or greater injury.
b. No, he acted under the compulsion of irresistible force.
c. Yes, he acted in conspiracy with the accused.
d. Yes, he had the opportunity to escape.
262. A law enforcement officer’s discharge of firearm may result in the following various crimes,
except___________.
A. illegal possession of firearm
B. alarms and scandal
C. physical injuries
D. illegal discharge of firearms
263. It is not necessary to state in the complaint or information the precise time at which the offense was committed.
Which of the following crimes requires that time must be alleged in the complaint or information?
A. abortion
B. infanticide
C. malicious mischief
D. piracy
264. Anti-Fencing Law (PD 1612) will apply only when the valuable articles proceeds from the crime of________.
A. usurpation
B. estafa
C. theft or robbery

D. swindling
265. If it was proven during the hearing of the case that the evidence seized is based on a search warrant that is
illegal, the things seized shall be treated as ____________.
A. disposable
B. inadmissible
C. destructible
D. admissible
266. The crime of rape through carnal knowledge can only be committed against ______________.
A. a man
B. A woman
C. any prostitute
D. Both a and b
267. Which of the following is not one of the essential elements of the crime of homicide that differ it from other
crime of destruction of life is?
A. that the person was killed without any circumstances that will qualify to murder.
B. that the person killed is not less than three days old.
C. that the person killed is not one included in parricide
D. that the person was killed lawfully. –
268. What is this phase in the commission of the crime where he has not stopped the commission of the crime
because of spontaneous desistance or by the police until he performs all the act of execution but does not produce
the felony? A. Internal
B. objective
C. subjective
D. external
269. A and B were compelled under fear of threats to join the Abu Sayyaf group. If charged in court for joining a
lawless group, what possible defense can A and B use in court?
a. impulse of uncontrollable fear of an equal or greater injury
b. accident
c. lawful or insuperable cause
d. instigation
270. The act of person, who with intent to kill, shoot another but hit some other person instead is _______.
A. ignorantia facti
B. aberratio ictus
C. praeter intentionem
D. error in personae
271. A ordered B to kill C (B's father). If he would not do it, A threatened B that he (A) would kill B's carabao. B
killed C, his own father, to save the life of the carabao, because he loved his carabao more than he loved his father.
Is B exempted based on uncontrollable fear?
a. No, because the evil with which he was threatened was much less than that of killing his own father.
b. Yes, because in the eyes of the law, the life of the carabao is put in the same level as that of the life of a
human being.
c. Yes, because killing a person is absolutely prohibited by the law.
d. No, because the life of a carabao if used in ones livelihood is far more valuable than the life of his father.
A is the immediate superior of B, the latter arrested C for being a suspect in the series of high-profile robberies in the
City of Manila. B employed the torture technique to obtain confession from C.
272. From the foregoing situation, is A criminally liable?

A. no, he is not aware of the torture
b. no, because he did not induce or instructed B
C. yes, for command responsibility
D. yes, for violation of Anti-Torture Act

273. From the foregoing situation, B shall be criminally liable for violation of______________.
A. Anti-Torture Act
B. the constitutional right of C
C. none, as he is just performing his duty
D. administrative case
274. The foregoing situation, how can A defend himself from possible criminal liability?
A. by showing that he has no knowledge of the torture that was committed
b. by arguing that he did not instruct B to torture C
C. by showing that he has no record of involvement in torture
d. by arguing that the most that he is guilty is only command responsibility
275. From the foregoing situation, if suppose there was no serious injury inflicted upon the person of the suspect,
can B post bail?
A. yes, since the crime committed is bailable
B. yes, since he did not actually participate in the act of torture
C. no, suffice that torture was committed and it is nonbailable
D. yes, it is his constitutional right to post bail
276. A is a woman. She killed B who is less than three days old and the legitimate child of C.
What is the crime committed by A, if any?
A. infanticide
B. homicide
C. murder
D. parricide
A is the warden of the Pambansang Kulungan ng mga Lords (PAKULO). B is detainee, C is a convict and D is a
custodial guard.
277. From the foregoing situation, suppose that Z a very influential private individual arranged the escape of B and C
by giving A and D certain consideration. Which of the following crime may be committed by A and D?
A. infidelity in the custody of prisoner
B. direct bribery
C. direct bribery and infidelity in the custody of the prisoner
- CONNIVING WITH OR CONSENTING TO EVASION
D. conspiracy to the crime of evasion of service of sentence
278. From the foregoing situation, suppose that B escaped through his own efforts from PAKULO without giving
consideration to A and D. Did B commit any crime?
A. yes, for the crime of evasion of service of sentence
B. no, he did not commit any crime under the RPC.
C. yes, for the crime of delivery of prisoner from jail.
D. no, not yet for the crime of delivery of prisoner from jail.
consideration but in conspiracy with A and D. What is the crime committed by A and D?
A. conspiracy to the crime of evasion of service of sentence
B. delivery of prisoner from jail
C. conspiracy for the crime of delivery of prisoner from
jail
D. infidelity in the custody of prisoner
consideration to A and D. What is the crime committed by C?
A. delivery of prisoner from jail
B. indirect bribery
C. evasion of service of sentence
D. infidelity in the custody of prisoner

281. A and B are step brothers. A took the cellphone of B. They are living under the same roof. Which of the
following statement is correct?
A. a crime of qualified theft is committed, and A is exempt from criminal liability
B. a crime of theft was committed but A is exempt from criminal liability
C. a crime of qualified theft is committed, and A is not exempt from criminal liability
D. a crime of theft is committed and A is not exempt from criminal liability
Art. 332, RPC – absolutory cause

1. theft
2. swindling
3. Malicious mischief
1. spouses, ascendants, descendants, relatives in the same line
2. widowed spouse
3. Brothers and sisters; brothers in law and sisters-in law-----PROVIDED THEY ARE LIVING TOGETHER
282. Which of the following statements best describes the application of the provisions of special penal laws?
A. the special penal laws may or may not have periods of penalty
B. the Revised Penal Code provides the period for the penalty, the penalty for the special penal laws must
provide the same.
C. the provision of the Revised Penal Code is supplemental to the special penal laws
D. the provisions of special penal laws are supplemental to the provision of the Revised Penal
Code
283. A is accused of a crime while B was the witness for the prosecution. Before the trial begins, A and B got
married. Here,
a. B is still qualified to testify against A
b. B is no longer qualified to testify against A
c. B is no longer qualified to testify against A because of the marital disqualification rule -GR
d. B is no longer qualified to testify against A because of the marital disqualification rule, unless A gives his consent-
exception
1. Civil case filed by one spouse against the other – wife – annulment – husband – YES
2. Criminal case by one spouse against the other –wife - husband – RA 9262 – wife – YES
3. Criminal case – husband – crime ascendants – descendants – wife
Husband – pinatay – tatay ni wife – yes
Husband – stepdaughter – rape – wife – yes
284. Attorney X was approached by Y who is an accused in a criminal case for parricide. In their conversation, Y
disclosed to Attorney X that he killed his wife. Upon hearing this, Attorney X declined to defend Y. Attorney X now
wants to testify against Y in the same criminal case of parricide in which Y is the accused. May Attorney X be allowed
to testify against Y?
a. Yes, as there is no law which prohibits him from doing so.
b. No, because of the privileged communication between lawyer and client.
c. No, because of the privileged communication between lawyer and client unless his client, Y, consents to
such testimony.
d. Yes, because there is no mention in the case that Y paid attorney's fees to Attorney X, therefore, there was
no attorney-client relationship created.
285. In relation to the preceding question, assume that Attorney X's stenographer or secretary, or anyone of his
employees in his law office was able to overhear the confession made by Y to Attorney X. May anyone of this
employee go to court where the parricide case is pending and testify against Y regarding the admission made by Y to
attorney X?
a. No, because of the lawyer-client privilege
b. Yes, so long as client Y, consents; if he does not, then no.
c. As a general rule, no, unless Attorney X gives his consent.
d. No, as a general rule, unless both Attorney X and client Y give their respective consents.

286. Assume in the above case that Y was merely planning to kill his own wife and he was just asking the opinion of
Attorney X on how he could do it with impunity. May Attorney X, this time, go to court and testify against Y?
a. No, unless Y gives his consent.
b. Yes, the lawyer-client privilege rule is not applicable to crimes to be committed in the future -IN FURTHERANCE OF
A CRIME OR FRAUD
c. Yes, unless Y prohibits him.
d. No, there is no exception.
288. When can a lawyer or his employees testify against the interest of the client? In other words, which of this is an
exception to the attorney-client privilege?
a. Furtherance of crime or fraud. If the services or advice of the lawyer were sought or obtained to enable or
aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or
fraud.
b. Claimants through same deceased client. As to a communication relevant to an issue between parties who
claim through the same deceased client, regardless of whether the claims are by testate or intestate or by inter vivos
transaction.
c. Breach of duty by lawyer or client. As to a communication relevant to an issue of breach of duty by the
lawyer to his or her client, or by the client to his or her lawyer.
d. Document attested by the lawyer. As to a communication relevant to an issue concerning an attested
document to which the lawyer is an attesting witness.
e. Joint clients. As to a communication relevant to a matter of common interest between two or more clients if
the communication was made by any of them to a lawyer retained or consulted in common, when offered in an
action between any of the clients, unless they have expressly agreed otherwise.
f. Any one of or all of these
289.The husband or the wife, during or after the marriage, cannot be examined without the consent of the other, as
to any communication received in confidence by one from the other during the marriage, except in a civil case
by one against the other, or in a criminal case for a crime committed by one against the other, or the latter's direct
descendants or ascendants. This is
a. privileged communication
b. privileged communication between husband and wife – confidential information
c. privileged communication between priest and patient
d. privileged communication between attorney and
client
e. privileged of state secrets
290. Pedro and Petra are husband and wife. Mario and Maria are husband and wife. One day, Pedro had sex with
Maria which caused the impregnation of Maria who bore a child later. Pedro asked forgiveness from Petra and
confided to Petra that he is the father of Maria's child. Mario sues Pedro for adultery and wants to use Petra as his
witness. Can Petra testify against Pedro?
a. No, because of disqualification by reason of marriage.
b. No, because of privileged communication between husband and wife.
c. No, because of disqualification by reason of marriage, unless Pedro gives his consent.
d. No, because of privileged communication between husband and wife, unless Pedro gives his consent.
38. A physician, psychotherapist (meaning: a person licensed to practice medicine engaged in the diagnosis or
treatment of a mental or emotional condition or a person licensed as a psychologist by the government while
similarly engaged) or person reasonably believed by the patient to be authorized to practice medicine or
psychotherapy cannot, in a civil case, without the consent of the patient, be examined as to any confidential
communication made for the purpose of diagnosis or treatment of the patient's physical, mental or emotional
condition, including alcohol or drug addiction. This privilege also applies to persons, including members of the
patient's family, who have participated in the diagnosis or treatment of the patient under the direction of the
physician or psychotherapist.
This is ____
a. privileged communication between doctor and patient – civil cases
b. privilege communication between husband and wife
c. privilege communication between priest and patient
d. privilege communication between attorney and
client
e. privilege of state secrets

291. RICARDO DE MESA died and he left certain properties, like lands and other real estate. CAROLINA, DOLORES
and CESAR, sisters and brother of Ricardo were claiming Ricardo's properties because according to them, Ricardo De
Mesa had no spouse and had no child, hence his property should be inherited by them. However, CECILIA and
MARIAN, claimed that they were the illegitimate children of Ricardo, and therefore they should be the one to get
their father's property. To prove that Cecilia and Marian are not children of Ricardo, Carolina, Dolores and Cesar,
presented in court the affidavit of DR. ARENAS. According to the affidavit of Dr. Arenas, Ricardo was sterile because
of gonorrhoea disease that he contracted during his lifetime and therefore it was impossible for him to bear children.
The court did not accept the affidavit of Dr. Arenas because its admission would violate what rule?
a. Privileged communication between doctor and patient
b. Privileged communication between husband and wife
c. Privileged communication between priest and patient
d. Privileged communication between attorney and client
e. Privilege of state secrets
292. A minister/priest or person reasonably believed to be so, cannot, without the consent of the affected person, be
examined as to any communication or confession made to, or any advice given by him or her, in his or her
professional character in the course of discipline enjoined by the church to which the minister or priest belongs. This
is
a. privileged communication between doctor and patient
b. privileged communication between husband and wife
c. privileged communication between priest and penitent
client
e. privilege of state secrets
293. A public officer cannot be examined during or after his or her tenure as to communications made to him or her
in official confidence, when the court finds that the public interest would suffer by the disclosure.
This is
d. privileged communication between Attorney and
Client
e. public officers and public interest/privilege of state secrets
294. Under the new rules on evidence, the privileged communications between the professionals and their client shall
remain privileged even in the hands of a third person who have obtained the information, provided that
a. the original parties to the communication took reasonable precaution to protect its confidentiality
b. the original parties were not aware that other people were eavesdropping on them
c. Both a and b
d. None of these
295. . A person cannot compelled to testify about any trade secret unless the non-disclosure will conceal fraud or
otherwise work injustice. When the disclosure is directed, the court shall take such protective measures as the
interest of the owner of the trade secret and of the parties and the furtherance of justice may require. This is
client
e. privilege relating to trade secrets

296. An extrajudicial confession must be corroborated by evidence of corpus delicti in order to sustain a conviction.
What is meant by "corpus delicti?
a. It means the body or the substance of the crime, or the fact that a crime has been committed.
b. It literally means "produce the body" which is that writ directed to person allegedly detaining another
without legal right.
c. It means the right of a person against unreasonable searches and seizures.
d. d. All of the above
297. X and Y were before the police station and under investigation for stealing razor. X was beaten by the police
within the hearing distance of Y. Y, on the other hand, was luckier because he was not subjected to the same
treatment. Y made an extrajudicial confession out of fear that he would be beaten later if he did not confess. Y's
extrajudicial statement is
a. admissible because no torture was inflicted to him
b. not admissible because the torture of X within Y's hearing distance is sufficient intimidation to Y as well, hence, his
confession was not voluntary
c. admissible as part of res gestae
d. All of the above
298. Evidence that one did or did not to do a certain thing at one time __________.
A. cannot be compared as evidence that he did the same thing in the past
B. is comparable evidence to prove that he did the same thing in the past
C. is admissible to prove that he did or did not to do the same thing at another time.
D. is not admissible to prove that he did or did not do the same thing at another time
299.What is the Rule in the Evaluation of evidence where the evidence in a criminal case is evenly balanced so that
the constitutional scale is tilted in favor of the accused?
A. Balancing Rule
B. Equipoise Rule
C. Presumption of innocence
D. Exclusionary Rule – illegaly seized evidence – unlawful search seizure – inadmissible in evidence
300. Which of the following are public documents?

1.The written Officials acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and
public officers
II. Documents executed by private persons and acknowledge before a notary public I
II. Public records, Kept in the Philippines, of private documents required by law to be entered therein
A. I, II, III
B. I, III
C. I, II
D. II, III
301. The accused was convicted for an offense the penalty of which is less than 6 years of imprisonment.
He is qualified for probation. What advice will you give to the convict?
A. That in case the penalty for the crime committed is more than 6 years and upon appeal was reduced to less than 6
years he can still apply for probation
B. That if he will apply for probation, he cannot anymore appeal his case once his application for probation is denied
C. That if he files his appeal, he cannot anymore be allowed to apply for probation in case his appeal is
denied
D. All of these
302. Pre-trial process is where the parties stipulate on facts and evidence. What in general, is the purpose of Pre-
trial?
A. To settle the civil aspect of the criminal case
B. To comply with the order of the court to expedite the court process
C. To determine matters that will promote a fair and expeditious trial of the case
D. To determine if the accused will enter into a plea of guilty
303. A person committed the crime of rape as amended; he/she is committing a ___
A. An act or omission

B. A felony
C. An offense
D. A crime
304. The husband saw the wife bathing their son who was afflicted with severe fever. The husband became enraged
when he saw this, so he gave the wife a blow in the stomach. The wife died. The husband was so remorseful as he
had not intended to kill his wife but only to punch her. The husband, however, is still liable because of Article 4,
Paragraph 1, of the RPC. Which among the following is most applicable to him?
a. Aberratio ictus
b. Error in personae
c. Praeter intentionem
d. Passion or obfuscation
305.A hired B as an employee, and in the contract of employment, the salary of B was pegged at P100,000.00 a
month. Later, A refused to pay B P100,000.00 because according to him, he and B had a verbal agreement that B's
salary is conditional in that if the business did not turn out well, then the supposed salary of B would only P50,000.00
a month. Under the facts, A cannot introduce in court such a verbal agreement over the objection of B that such
verbal agreement is a violation of what rule?
a. Employment contract rule
b. Parol evidence rule
c. Original Document Rule
d. Best evidence rule
306. The defense shall offer in evidence its documentary evidence at the crime ___
A. The exhibits are identified and marked
B. The exhibits are formally offered
C. The defense witness is called to testify
D. As ordered by the court to offer the testimony
307. Which of the following is not considered as BEST/ORIGINAL evidence?

A. Replacement evidence
B. Photocopy evidence
C. Primary evidence
D. Secondary evidence
308. The crime committed is punishable by imprisonment of at least 4 years, 2 months and 1 day. The crime was
committed in the province. Where should the complaint be tried in order to initiate the criminal action?
A. To file the information directly to the Regional Trial court
B. At the police station for warrantless arrest and inquest proceedings.
C. At the prosecutor’s office for the conduct of preliminary investigation.
D. To file the complaint directly with the Municipal Trial Court.
309. A person is about to commit a crime in your presence. As a police officer, what would the appropriate course of
action to do considering that the crime is yet to be consummated?
A. To identify the person and file a case for preliminary investigation
B. To detain a person while waiting for the issuance of the warrant.
C. To wait for the crime to be consummated, before arresting the person.
D. To arrest the person even without a warrant of arrest.
310. The accused is charged for light felony with alternative penalty of payment of fine of not exceeding P200.00. He
has been detained for more than a month already. A plea of guilty is possible, as a criminologist, your BEST advice is
to _____
A. Plead guilty to the crime charged and pay the fine of P200.00
B. Plead guilty, however, his plea of guilty will be entered on record
C. Plead guilty, considering that he has been detained for more than 1 month already the penalty is deemed
served already
D. Ask for the release from detention considering that he has been detained for more than one month already
without regard to the outcome of the case.

311. In order to determine the veracity of the testimony of the witness against him. The accused has
the right to______
A. Testify on his own behalf
B. Secure the presence of his witnesses in court
C. Has the testimony of the witnesses against him
D. Cross examine and confront the witnesses against him
312. The crime of concubinage is committed by a man who is____

A. Married and keeps a woman as a mistress in some other place as his wife
B. Married and had sexual encounter with a woman who is NOT his wife -no
C. Married and had sexual intercourse with a woman privately at least once in some motel -no
D. Unmarried and had sexual intercourse with a woman who is married -no- adultery
313. What is this evidence which admission is dependent on its being obtained legally?
A. Conclusive
B. Material
C. Competent – not excluded by the CONSTITUTION, LAW, RULES
D. Relevant
314. Upon receipt of the decision or from the date of the promulgation of judgement, the accused deemed to
challenge the decision of the court by elevating it to the higher court. What remedy should the accused do?
A. File a motion for reconsideration
B. File a notice of appeal -MTC-nop-MTC- elevate-RTC ------RTC---NOP-RTC-CA
C. File a motion for new trial
D. File a petition for Certiorari -extraordinary remedy – MR-APPEAL-NT- not available – GRAVE ABUSE OF
DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION
315. The offender is a police officer with the rank of Superintendent. The crime committed is in violation of the Anti-
Graft law. The case shall be under the jurisdiction of the____
A. Metropolitan Trial Court
B. Regional Trial Court
C. Office of the Ombudsman
D. Sandiganbayan -SG 27
316. A person asked you for advice on how to file a case of concubinage against her husband. Which of the following
are allowed by the rules in order to initiate the filling of a concubinage case?
A. The case of concubinage can be initiated even without the complaint of the offended spouse
B. The case of concubinage can only be initiated by the complaint of the offended spouse
C. None of these.
D. The case of concubinage is a public offense, it can be initiated by the police
317. This is a remedy available to any person whose right to life, liberty and security is violated or threatened with
violation by an unlawful act or omission of a public official or employee, or of private individual or entity. It shall
cover extralegal killings and enforced disappearances:
a. Writ of Amparo
b. Writ of Habeas Corpus – PRODUCE THE BODY
c. Writ of Habeas Data – RIGHT TO PRIVACY IN LIFE, LIBERTY AND SECURITY – DATA- INFORMATION
d. Writ of Kalikasan
318. This is a remedy available to a person whose right to privacy in life, liberty or security is violated or threatened
by an unlawful act or omission of a public official or employee, or a private individual or entity engaged in the
gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the
aggrieved party:
a. Writ of amparo
b. Writ of habeas corpus
c. Writ of habeas data
d. Writ of kalikasan

319. The subject matter of the litigation is the content of the copy of a document. What is the best
evidence/ORIGINAL EVIDENCE to prove the content of the document?
A. The testimony of witnesses to the content of the original document
B. The secondary evidence if the original is lost
C. The subject photocopy document the contents of which is in issue
D. The original of the document which was photocopied
320. An individual approached and asked you on how to file a case against another. The act complained of happened
more than 1 week ago. Upon initial inquiry, you learned that the act complained of is punishable with imprisonment
of more than 6 years. What will be your advice?
A. To proceed with the complaint before the police station and request that a warrantless arrest be conducted
B. To proceed with the warrantless arrest and the conduct of inquest proceedings
C. To proceed with the direct filing of the case before the prosecutor’s office for the conduct Of preliminary
investigation
D. To file the case directly with the Regional Trial Court
Jurisdiction – RTC – 6 YEARS PATAAS

MTC – 6 YEARS AND BELOW
4 YEARS 2 MONTHS AND 1 DAY --- P.I.- 6 years – P>I> - MTC----6 years and 1 days – RTC----FISCAL
4y-2m-or mas mababa- no p.i.- mtc- options – 1. MTC-MCTC 2 Fiscal -
mm- PATEROS – fiscal
province -
321. In all criminal cases, the accused is presumed innocent. Thus, the prosecution has the burden of proof. Between
the accused and prosecution who should present the evidence first?
A. The accused
B. The prosecution -EXCULPATORY EVIDENCE – SELF DEFENSE – MODIFICATION – REVERSE TRIAL – DEFENSE -
C. It is up to the court
D. None of these
322. If Marcello is a resident of Valenzuela City but he committed the crime in Manila against Cassie who is resident
of Caloocan City, the case should be filed in_____
A. Caloocan City where Cassie is a resident
B. Manila, where the crime was committed
C. Any prosecutor’s office in Metro Manila
D. Valenzuela city where Marcello is a resident
323. Pedro sued Petra for adultery for having sexual relations with Mario. Petra admitted having sexual relations with
Mario but denies having ever been married to Pedro. Pedro presents in court the following documents to prove that
he and Petra were indeed married, namely: certification of the priest that he solemnized the marriage of Pedro and
Petra, photographs of Pedro and Petra in bridal gown together in the church, and affidavits of the people who
attended the church wedding. Here, Petra can object to these pieces of evidence on the ground that under the facts
given, the presentation of these pieces of evidence would violate what rule?
a. Best evidence/original document rule
b. Parole evidence rule
c. Marital disqualification rule
d. Privileged communication rule
324. What is the treatment of the court on evidence that is determined to be incompetent?
A. Inclusion
B. Archive
C. Admission
D. Exclusion
He has general administrative supervision over all the personnel of the court. He is primarily accountable for all funds
that are collected for the court:
a. Branch Clerk of Court
b. Presiding Judge
c. Stenographer

d. Officer in charge
325. A person who types every word said during the trial:
a. Clerk of Court
b. Presiding Judge
c. Stenographer
326. The legal officer who presides over the courtroom and directs and controls the trial. A man of learning who
spends tirelessly weary hours after midnight acquainting himself with the great body of traditions and the learning of
the law:
a. Clerk of Court
b. Presiding Judge
c. Stenographer
327. A public official who brings the government's case against a person accused of a crime and asks the court to
convict that person. He is more popularly known as the "fiscal”,
a. Public prosecutor
b. Legal researcher
c. Interpreter
d. Sheriff
e. Process server
328. His function is verifying legal authorities, drafting memoranda on evidence, outlining facts and issues in cases
set for pre-trial, and keeping track of the status of cases. He verifies authorities on questions of law raised by parties-
litigants in cases brought before the Court:
b. Legal researcher
c. Interpreter
d. Sheriff
e. Process server
6. He acts as translator of the court, administering oaths to witnesses, calendar, prepares and signs minutes of the
court session; maintains and keeps custody of record book of cases calendared for hearing; prepares court
calendars and the records of cases set for hearing:
b. Legal researcher
c. Interpreter
d. Sheriff
e. Process server
329. He is tasked with serving writs and processes of the court; keeping custody of attached properties; and
maintaining the record book on writs of execution writs of attachment, writs of replevin, writs of injunction, and all
other processes:
b. Legal researcher
c. Interpreter
d. Sheriff
e. Process server
330. His primary duty is to serve court notices. He ensures that all notices assigned to him are duly served on the
parties. It is through him that defendants learn of the action brought against them by the complainant, More
importantly, it is also through him that the trial court acquires jurisdiction over the defendant:
b. Legal researcher
c. Interpreter
d. Sheriff

e. Process server
331. Court employees are not allowed to take any court records, papers or documents outside the court premises.
The reason for this is that
a. Rule 132 Section 26 of the Rules of Court says: Immovability of public record. - - Any public record, an
official copy of which is admissible in evidence, must not be removed from the office in which it is kept, except upon
order of a court where the inspection of the record is essential to the just determination of a pending case.
b. there is great danger that the public record might be lost in the process of transportation from one place to
another
c. Both a and b
d. None of these
332. It is the principal law office of the government in extending free legal assistance to indigent persons in criminal,
civil, labor, administrative and other quasi-judicial cases:
a. Department of Justice
b. Office of the Solicitor General
c. Ombudsman
d. National Prosecution Office
e. Public Attorney's Office
333. Police officers who appear in court must be in proper uniform. As law enforcement officials, they are also
expected to give the court the respect due it by being in proper attire. This means that
a. since they are in proper uniform, these police officers are allowed to bring their guns, properly holstered, inside
the courtroom
b. they cannot bring their guns inside the courtrooms
c. they should appear in full battle gear and uniform complete with hand grenades and face paint and ride in
armored personnel carrier in attending court hearings
d. they testify in civilian clothes
334. Children of certain age may also be prohibited from entering the Justice Hall, unless what?
a. They are the private complainants.
b. They are witnesses.
c. They are the accused.
d. Any one or all of these
335. It is disobedience to the court by acting in opposition to its authority, justice and dignity:
a. Disrespect of court
b. Ungratefulness to the court
c. Contempt of court
d. Conduct unbecoming
336. It is one committed in the presence of, or so near a court or judge, as to obstruct or interrupt proceedings
before it:
a. Direct contempt
b. Indirect contempt – malayo
c. Semi-contempt
d. Gross contempt of court
337. Which of these is one of the common reasons for the dismissal of drug cases?
a. Failure to attend and testify in court as prosecution witnesses of arresting officers
b. Diligent attendance in court of the arresting officers
c. Well-prepared testimony of the witnesses
d. Well-prepared prosecution lawyer
338. It is often believed to be the reason why some or most prosecution witnesses in drug related cases deliberately
fail to appear in hearings:
a. Lack of belief in the judicial system
b. Lack of funds
c. Bribery
d. The officers themselves are drug users.

339. Courts usually give a policeman how many chances to appear in court to testify, after which the defense may
move for the dismissal of the case, citing the right to a speedy trial?
a. One only
b. Two
c. Three
d. Four
340. During the presentation of evidence for the defense, the accused testified. During the cross examination, he was
asked questions which may point to his guilt on some other crime. What is the right that the accused may invoke?
A. The right to counsel and for objection to such question
B. The right to remain silent
C. The right not to be a witness against himself
D. The right against self-incrimination
341. Robbery with homicide is committed when the____

A. Commission of the robbery is accompanied by homicide
B. Killing resulting from robbery is not parricide, murder or infanticide
C. Commission of robbery is accompanied by crimes of homicide only
D. Crime of homicide was committed on the occasion of robbery – special complex crime – composite crime
342. A sworn written statement charging a person with an offense and subscribed by the offended party or public
officer charged with the violation of the law
is____ A. Sworn statement
B. Complaint
C. Information – subscribed by the prosecutor - Court
D. Complaint affidavit
343. What is the crime committed by a person who shall have carnal knowledge with a woman without the consent
of the latter?
A. Sexual harassment
B. Rape
C. Sexual assault
D. Abduction
344. The accused was present during arraignment and he entered his plea. Despite notice and the issuance of
warrant for his arrest, the accused remains absent. what should the court do in this kind of situation?
A. Proceed with the trial of the case dispensing the presentation of evidence of the accused
B. None of these
C. Not to proceed with the trial of the case because the accused has the right to confront the witnesses
D. Proceed with the trial of the case in absentia of the accused -TRIAL IN ABSENTIA
Requisites
1. Accused has been arraigned
2. Notified of the trial
3. He failed to appear
4. Failure to appear is unjustifiable
345. Which of these is the latest definition of documentary evidence?

a. Documents as evidence consist of writings, recordings, photographs, or any material containing letters,
words, sounds, numbers, figures, symbols, or their equivalent, or other modes of written expression offered as proof
of their contents. Photographs include still pictures, drawings, stored images, x-ray films, motion pictures or videos.
b. Documents as evidence consist of writing or any material containing letters, words, numbers, figures,
symbols, or other modes of written expression offered as proof of their contents.
c. Both a & b
d. Documentary evidence is a document which is not oral and can be seen by the naked eye.
346. Which of the following questions will you ask to determine if the testimony of the witness will be hearsay?
A. I will ask about his relations with the parties involved in the incident
B. I will ask the reason why he was at the crime scene
C. C. I will ask the witness the reason why he is willing to testify
D I will ask if the witness has personal knowledge about the crime

SITUATIONAL
A is a Police Officer while B is the offender.
347 From the forgoing situation, suppose that while being escorted to attend the hearing for his case for the crime of
murder, B escaped. After more than 20 years, A chanced upon B and arrested the latter for the crime of murder. Did
the Penalty prescribe for the crime of murder in this case?
A. None of these
B. No, because the prescription of crime of murder is 30 years
C. No, because B was not yet convicted of the crime
D. Yes, because it has been more than 20 years already since he escaped
348. From the foregoing situation, suppose that while being escorted to attend the hearing for his case for the crime
of murder, B escaped. After 30 years, A chanced upon B and arrested the latter for the crime of murder. Did the
crime of murder prescribe in this case?
A. Yes, because it has been more than 30 years yet the case was not terminated
B. None of these
C. No, because the case has been tried already and B escaped
D. Yes, because he was not arrested by the authorities for more than 30 years
349. From the forgoing situation, suppose that after conviction for the crime of murder and while being escorted to
transport to the National Bilibid Prison, B escaped and went to US wherein the Philippines has extradition treaty. After
more than 30 years, A chanced upon B and arrested the latter so that he may serve his prison sentence for murder.
Did the penalty prescribe for the crime of murder in this case?
A. None of these
B. Yes, because the prescription of the penalty for the crime for murder is 30 years and the Philippines has
extradition treaty with USA
C. Yes, because it has been more than 20 years already since his escape after his conviction
D. NO, because the prescription of penalty does not start to count if the escape went to a country without
extradition treaty
A is a police officer. B is the offender. C is the victim.
351. From the forgoing situation, suppose that an investigation was conducted for the death of C and after more than
6 years of investigation, A discovered that B is the perpetrator and is dead already. The wife of C wanted to pursue
the filing of the criminal case. What advice can you give to the wife of EDWARD?
A. That the death of B does not result to civil liability
B. That the death of B absolutely extinguishes the criminal liability
C. That the death of B does only partially extinguishes the criminal liability
D. None of the above
352. From the foregoing situation, suppose that B manifested his intention to apply for parole, what is your advice to
B?
A. that parole cannot be granted considering the opposition of the wife of C
B. That he should serve first the minimum of his penalty
C. That he is not qualified because the penalty for murder is reclusion perpetua
D. None of these
353. From the foregoing situation, suppose that C after the crime of coup d’ etat manifested to you that he wanted to
avail amnesty. What will be your advice to him?
A. That he is not qualified because coup d’ etat is a crime against those in the government
B. That he is not qualified considering that crime committed is highly political
C. That he should get a recommendation from the Office of the President and to be concurred by
Congress
D. That he should get a recommendation from the Office of the President and to be concurred by at least a
majority of both Houses of Congress voting separately

354. From the foregoing situation, suppose that C after conviction pending appeal, manifested to you that he wanted
to avail absolute pardon, what will be your advice to C?
A. That he is not qualified because coup d’ etat is a crime against the President
B. That he should get it from the President without concurrence of the senate
C. That he is not qualified because the conviction is not yet final
D. That he is not qualified considering that the crime committed is highly political
355. A was convicted by final judgment of theft. While he was serving sentence for theft, he was found in possession
of marijuana. He was charged with possession of dangerous drugs under RA 9165, and was found guilty therein. Is A
considered a quasi-recidivist?
a. Yes, A is considered a quasi-recidivist because he was serving sentence when he was found in possession of
dangerous drugs.
b. No, A is not a quasi-recidivist for the reason that offense for which he was serving sentence is different from
the second offense for which he was convicted anew.
c. No, A is not a quasi-recidivist for the reason that the second offense is not a felony or one which is
punishable by the Revised Penal Code.
d. No, A is not a quasi-recidivist because A should have served out his first sentence first prior to conviction for
the second offense.
A is the Police Officer. B is the offender. A arrested B without a warrant for the commission of a crime
356. From the foregoing situation, suppose that the crime committed by B is under the law punishable by
imprisonment classified as less grave offense. When may A be liable for arbitrary detention?
A. He will be liable for arbitrary detention if he fails to deliver B to proper judicial authorities within 12 hours
from the time of arrest
B. He will not be liable for arbitrary detention considering that the arrest is based in legal grounds
C. He will not be liable for any crime because he arrested B for the commission of a crime
D. He will be liable for arbitrary detention if he fails to deliver B to proper judicial authorities within 18 hours from the
time of arrest
357. From the foregoing situation, suppose that the crime committed by B is under the law punishable by
imprisonment classified as grave offense. When should A deliver B to proper judicial authorities to avoid committing
arbitrary detention?
A. More than 36 hours
B. Within 12 hours
C. Within 18 hours
D. Within 36 hours
358. From the foregoing situation, as provided by law, A should deliver B to proper judicial authorities. Proper
Judicial Authorities mean ___
A. Filing of information to the prosecutor’s office
B. Filing of information in court of competent jurisdiction
C. Physical delivery of the person to the prosecutor’s office
D. Filing of complaint at the Prosecutor’s office for inquest
359. A was applying for a Philippine passport. She has been “Tago ng Tago” in Japan for so long. B agreed to issue
a new passport after having sexual intercourse with B in the latter’s house. Is B criminally liable to our criminal law?
A. No, Japan criminal law is not applicable to him
B. Yes, the crime committed is in relation to his official function
C. No, the crime was committed in Japan
D. None of these
A is the offender. B is the Victim
360. From the foregoing situation, suppose that A killed B. The latter is not related to A. The age of B is less than 12
years old. What is the crime committed by A?
A. Murder
B. Parricide
C. Infanticide

D. Homicide
361. From the foregoing situation, suppose that A killed B. The latter is the niece of A. The age of B is less than 12
A. Infanticide
B. Parricide
C. Homicide
D. Murder
362. From the foregoing situation, suppose that A killed B. The latter is not related to A. The age of B is more than
12 years old. The killing is attended by any of the circumstances stated in Article 248 of the Revised Penal Code.
What is the crime committed by A?
A. Murder
B. Parricide
C. Homicide
D. Infanticide
A is the Offender. B is the Victim
363. From the foregoing situation, suppose that A killed B. The latter is A’s illegitimate daughter. B is less than 12
A. Murder
B. Infanticide
C. Homicide
D. Parricide
364. From the foregoing situation, suppose that A killed B. The latter is B’s illegitimate daughter and the age is
merely 3 days old. What is the crime committed by EDWARD?
A. Infanticide
B. Parricide
C. Homicide
D. Murder
365. A woman alleges she had been raped. But there were no signs of physical injuries on her arms and legs. Can
the rape case still proceed even in the absence of signs of physical injuries, and the alleged rape incident happened
in a place where people usually pass by?
a. Yes, in rape causes, injury to the body is not important since the gravamen of rape is sex with the victim
against her will or without
her consent; physical injury is not an element of rape.
b. No, in the absence of physical injuries, it is highly improbable that the alleged rape victim had been defiled
against her will. Absence of physical injury is evidence that she gave her consent.
c. No, in the absence of physical injuries, the alleged sexual intercourse against the will of the woman is now
put into doubt, since all women who have been raped have shown sign signs of bodily and vaginal injuries.
d. Yes, court takes judicial notice that rapes can be committed in any place even in places where people
usually pass-by.
e. a and d
366.A is an employee in a private car manufacturing company. A admitted before his employer that he (A) was
involved in the stealing of company products such as car spare parts etc. He admitted this on the occasion of an
administrative investigation. Is this admission admissible in court?
a. No. An accused must always be represented by a lawyer in any form of investigation, whether criminal or
administrative.
b. Yes. The admission of A during the administrative investigation is admissible against him because it was not
obtained during a custodial investigation.
367. During custodial investigation, the accused confessed his crime with the assistance of Fiscal X. Is his confession
admissible?
a. Yes, fiscals are also lawyers.
b. No, the law requires an independent lawyer, someone like a fiscal who is not considered independent since
he works in the government.
c. Yes, since the suspect did not object to the appointment of the fiscal.
d. Yes, the suspect does not have the right to be choosy as beggars cannot choose.

368. Which of these accurately reflects the parental and filial privilege rule?
a. Parental and filial privilege - No person may be compelled to testify against his parents, other direct
ascendants, children or other direct descendants.
b. Parental and filial privilege - No person shall be compelled to testify against his or her parents, other direct
ascendants, children or other direct descendants, except when such testimony is indispensable in a crime against
that person or by one parent against the other.
c. Only the parents cannot testify against the descendant but not the other way around.
d. Only the children cannot testify against the parents but not the other way around
370. The accused voluntarily confessed his crime to a newspaper media man. During the confession, the accused had
no lawyer. Is this confession admissible?
a. Yes, confession to media man needs no lawyer since a media man is a private person and the accused is not under
custodial investigation at that time
b.No, confession to media man is confession to agents of the state
c. No, because the accused should be always assisted by a lawyer at all times whether or not under custodial
investigation
d. Yes, it is admissible.
371. In criminal cases, an offer of compromise by the accused may be received in evidence as an implied admission
of guilt except ____
a. those involving quasi-offenses (criminal negligence) or those allowed by law to be compromised.
b. in rape cases
c. in plunder cases
d. Both b and c
372. X is an accused in a criminal case for consummated murder. X tried to settle the case with the family of the
offended party. X's act of settling the case is ____.
a. an offer of compromise and implied admission of guilt
b. an offer of compromise and is not an implied admission of guilt
c. a quasi-confession of guilt
d. an offer to settle the case to buy peace
373. X is accused of rape. The mother of X, without X's knowledge, went to the house of the supposed rape victim
and tried to settle the case. The act of X's mother is ____
a. an offer of compromise and is admissible against X
b. an offer of compromise on her part only and cannot imply any admission on the part of X
c. a foolish act
d. All of the above
374. X is an accused in a reckless imprudence case resulting in homicide (a quasi-offense). X went to the relatives of
the offended party and offered to settle the case in the hope that the family of the victims might withdraw the
criminal case. X's act of settling the case is
a. an offer of compromise and implied admission of guilt
b. an offer of compromise and is not an implied admission of guilt, since this involves quasi-offense
c. a quasi-confession of guilt
d. an offer to settle the case to buy peace
375. The Latin statement, "res inter alios acta nocere non debet," means
a. the law may be harsh but it is the law
b. the welfare of the people is the supreme law
c. there is no crime if there is no law punishing it
d. the rights of a party cannot be prejudiced by an act, declaration, or omission of another
376. The father of X admitted on television that his son is a robber. This statement of the father against his son is not
admissible against the son because of ___.
a. res inter alios acta rule
b. dying declarations
c. res inter alios acta rule # 2
d. common reputation

377. An act or declaration made in the presence and within the hearing or observation of a party, who does or says
nothing when the act or declaration is such as naturally to call for action or comment if not true, and when possible
for him to do so, may be given in evidence
against that party. This is known as
a. admission
b. declaration against interest
c. admission by silence
d. extrajudicial confession
378. x was brought before the municipal hall by angry townspeople and everybody was cursing and pointing at him,
imputing to him that they caught him in the act snatching the purse of a jeepney passenger. Despite of these\
accusations, X merely bowed his head and said nothing. X's silence is considered as a/an
a. admission by silence
b. admission
c.confession
d. implied admission
379. Evidence that one did or did not do a certain thing at one time is not admissible to prove that he did or did not
do the same or similar thing at another time. This is
a. previous conduct as evidence
b. similar acts as evidence
c. res inter alios acta alteri nocere non debet part II
d. All of the above
380. A is accused of parricide for allegedly having killed his father in 2020. Can the prosecution present the following
evidence to prove his propensity in killing his father: in 2019, A tied his father to a papaya tree; in 2018, A tried to
drown his father, and, in 2017, A tried to throw his father to the pool.
a. No, because of previous conduct as evidence.
b. No, because of similar acts as evidence.
c. No, because of res inter alios acta alteri nocere non debet part II
d. All of the above
381. . A testified that B has committed snatching several times on the same street. Can the court admit this
testimony as evidence against B?
a. Yes, as part of res gestae.
b. Yes, as a dying declaration.
c. No, since he had no personal knowledge.
d. No, because under the similar conduct as evidence rule, evidence of guilt of a past crime is not evidence of guilt of
a present crime.
382. It is a statement other than one made by the declarant while testifying at a trial or hearing, offered to prove
the facts asserted therein. It is inadmissible. It is such when its probative force depends in whole or in part, on the
competency and credibility of some persons other than the witness by whom it is sought to produce it:
a. Hearsay
b. Dying declarations
c. Parts of the res gestate
d. All of these
383. The declaration of a dying person, made under the consciousness of an impending death, may be received in
any case wherein his or her death is the subject of inquiry, as evidence of the cause and surrounding circumstances
of such death. This is a. dying declaration
b. declaration in articulo mortis
c. ante-mortem statement
d. declaration at the point of death
e. All of these

384. X was standing in front of his own house when suddenly, he fell down as he was gunned down by a group of
men. X',s wife immediately rushed to his aid and upon seeing his wife, X said in a weak voice: "Kung ako ay
bibigyan pa ng Diyos ng pangalawang buhay, hindi maaaring hindi mananagot si Bebot at si Frankie. "X died. Bebot
and Frankie may be convicted based on X's
a. dying declaration
b. admission
c. confession
d. learned treatises
385. X saw his grandmother sprawled on the ground and bloodied. X asked: "Nang, what happened?" The
grandmother answered: “Si Paqui”. The grandmother's statement cannot be admitted as a dying declaration
because a dying declaration must be
a. complete in itself
b. corroborated
c. conclusive
d. witnessed by at least two witnesses.
386. . X saw Y bloodied and sprawling on the ground. X asked this question: "Tio, who wounded you?" Y answered:
“You ask your Tia". May the Tia be\convicted of murder based on the statement of Y and consider the same as a
dying declaration?
a. Yes, because Y's statement is a dying declaration.
b. No, because the statement of Y is not clear, unequivocal or precise as to who wounded him.
c. Yes, because at least that seems to be the tenor of what Y wanted to say.
d. Let's leave it up to the judge to answer this very hard question. s
387. Dying declaration is admissible only in violent crimes, such as murder, when the declarant is ____.
a. the doer of the crime
b. the victim of the crime
c. the victim of the crime who must eventually die
d. the witness in the crime
388. X was shot by Y in the course of a robbery. On the brink of death, X told w, a barangay tanod, that it was Y who
shot and held him up. In the trial for robbery with homicide, X's declaration can be admitted only as a dying
declaration to prove
a. robbery
b. homicide
c. robbery and homicide
d. anything
389. . Statements made by a person while a startling occurrence is taking place or immediately prior or subsequent
thereto, under the stress of excitement caused by the occurrence, with respect to the circumstances thereof, may be
given in evidence as ____ So, also, statements accompanying an equivocal act material to the issue, and giving it a
legal significance, may be received as part of the res gestae (spontaneous statements or exclamations/verbal act).
a. res gestae
b. parts of the res gestae
c. dying declaration
d. All of these
390. X killed his employer inside the employer's bodega. Immediately after having killed his employer, X called upon
Y, the security guard of the bodega, and told the latter that he (X) had just killed their employer. Y, shocked and
bewildered, immediately phoned the police. X's statement to Y may be used in evidence against X as
a. judicial confession
b. parts of the res gestae
c. dying declaration
d. declaration about pedigree
391. A beat Y to death. Before Y died, Y's grandmother brought him to the hospital. The grandmother had hysterical
outburst at the hospital telling and screaming that it was A who killed Y. By the time of the trial, the grandmother is
already dead. The outburst may be treated as
a. parts of res gestae
b. dying declaration
c. admission

c. dead man statute
392. . Ms. M was kidnapped by four (4) sex-crazed men, was brought to a hotel, and was forcibly raped there
repeatedly. Luckily, Ms M was able to slip away from the gang, and immediately run homeward bound. Upon
meeting her mother, Ms. M immediately uttered to her mother, "Mommy, I was raped!". How would you describe
the statement made by Ms. M?
a. Extrajudicial confession
b. Dying declaration
c. Parts of the res gestae
d. All of these
393. To prove payment of a debt, A testified that he heard B say, as the latter was handing over money to C, that it
was in payment of a debt. Is A's testimony admissible in evidence?
a. Yes, since what B said and did is an independently relevant statement.
b. No, since what B said and did was not in response to a startling occurrence.
c. No, since A's testimony of what B said and did is hearsay.
d. Yes, since B's statement and action, subject of A's testimony, constitutes a verbal act.
394. The declaration made by a person deceased or unable to testify against the interest of the declarant, if the fact
asserted in the declaration was at the time it was made so far contrary to the declarant's own interest, that a
reasonable person in his or her position would not have made the declaration, unless he or she believed it to be
true, may be received in evidence against himself or herself, or his or her successors in interest, and against third
persons. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not
admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement. This is_______.
a declaration against interest
b. declaration about pedigree
c. common reputation
395. A and B engaged each other in a duel. B died instantly. A, on the other hand, bloodied and wounded, went to
the city hall and made sworn statement that he was the one responsible for killing B and nobody else. A died also
thereafter. A few days thereafter, C, a friend of A, is accused of killing B. In this case, C may be acquitted on the
basis of A's ______.
a. declaration against interest
b. dying Declaration
c.declaration against pedigree
d. former testimony or deposition
396. . The act or declaration of a person deceased or unable to testify, in respect to the pedigree of another person
related to him or her by birth, adoption, or marriage or, in the absence thereof, with whose family he or she was so
intimately associated as to likely have accurate information concerning his or her pedigree, may be received in
evidence where it occurred before the controversy, and the relationship between the two persons is shown by
evidence other than such act or declaration. The word "pedigree" includes relationship, family genealogy, birth,
marriage, death, the dates when and the places where these facts occurred, and the names of the relatives. It
embraces also facts of family history intimately connected with pedigree. This
is
b. declaration about pedigree
397. A and B (who had no family of his own) are brothers. During his lifetime, A declared that C is not his son. Now
that A is dead, can C inherit from B?
a. Possibly no, because of the declaration of pedigree made by A.
b. No, because of declaration against interest.
c. Yes, if the law allows it.
d. Yes, because of the parts of the res gestae and dying declarations of A.

398. The reputation or tradition existing in a family previous to the controversy, in respect to the pedigree of any one
of its members, may be received in evidence if the witness testifying thereon is also a member of the family, either
by consanguinity, affinity, or adoption. Entries in family bibles or other family books or charts, engraving on rings,
family portraits and the like, may be received as evidence of pedigree. This is
b. family reputation or tradition regarding pedigree
399. . X was raped by her very own father. She was sixteen years old when she was raped and she testified on this
fact. She did not present her birth certificate in court. Although her testimony as to her age was hearsay, because
she had no personal knowledge as to the date of her birth, nevertheless, her testimony is still admissible because her
testimony
a. regarding her age constitutes an assertion of family tradition regarding pedigree
b. is part of res gestae
c. is a form of dying declaration
d. is assertion of declaration about pedigree
400. Common reputation existing previous to the controversy, as to boundaries of, or customs affecting lands in the
community, and reputation as to events of general history important to the community, or respecting marriage or
moral character, may be given in evidence. Monuments and inscriptions in public places may be received as evidence
of common reputation. This is
b. family reputation or tradition regarding pedigree
401. A memorandum. report, record or data compilation of acts, events, conditions. opinions. or diagnoses. made
by writing, typing, electronic, optical or other similar means, at or near the time of or from transmission or supply of
information, by a person with knowledge thereof, and kept in the regular course or conduct of a business activity,
and such was the regular practice to make the memorandum, report record, or data compilation by electronic,
optical or similar means, all of which are shown by the testimony of the custodian or other qualified witnesses, is
excepted from the rule on hearsay. This is ____
a. records of regularly conducted business
activity/business entries rule b. dying declarations
c. parts of the res gestae
d. All of these
402. Plaintiffs argue that they were not allowed to board their Philippine Airlines flight although they went to the
check-in counter one hour before departure. They claim that when they arrived there, no one was at the counter.
Philippine Airlines presented as evidence the plaintiff's tickets with notation, "late 4:04”, and the passenger manifest
which showed that two other passenger who arrived earlier than plaintiff's, were not accommodated. Are the
notations and flight manifest admissible in evidence?
a. Yes, they are entries made in the regular course of business or records of regularly conducted business activity.
b. No, they are hearsay; without presenting the one who made the notation
c. Yes, if they are genuine.
d. None of these
403. Those entries made in the performance of his or her duty by a public officer of the Philippines, or by a person in
the performance of a duty specially enjoined by law, are prima facie evidence of the facts therein stated. This refers
to _______
a. records of regularly conducted business activity
b. business entries rule
d. entries in official records

404. Which of these is admissible even without presentation of the one who signed therein because they are entries
in official records?
a. Certification from the PNP that a certain person is not a licensee to possess firearm
b. Certification from the forensic chemist from the NBI that a certain specimen is positive for
methamphetamine hydrochloride c. Sheriff's return of the writ of execution
d. Death certificate issued by a city or municipal health officer
e. All of these
405. The opinion of a witness may be received in evidence regarding ______.

a. the identity of a person about whom he has adequate knowledge
b. a handwriting with which he has sufficient familiarity
c. the mental sanity of a person with whom he is sufficiently acquainted
d. his impressions of the emotions, behavior, condition or appearance of person
e. All of the above
406. The death certificate issued by a medico-legal officer is what kind of evidence in relation to the testimony of X
who says that Y killed Z?
a. Corroborative evidence
b. Cumulative evidence
c. Direct evidence
d. Circumstantial evidence
407. Policemen were ordered by a judge thru a search warrant to enter and confiscate drugs. The policeman entered
#2 Gumamela St., Manila, because this house is also owned by A. Was the entry in house number 2 valid?
a. Yes, because the two houses have the same owner.
b. No, the search should be limited only to the place specifically mentioned in the warrant.
c. Yes, as long as the police had probable cause that the two houses are owned by the same owner.
d. No, because they did not knock-and-announce.

Lack of jurisdiction over the offense charged

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Lack of jurisdiction over the offense charged

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1. Preparatory act/s in the development of crime is punishable when the preparatory acts/s__________.

A. are overt act/s of the offender in the consummated stage

Stages of Development a Crime

PARENTS – MINOR DAUGHTERS – NOT YET MARRIED – LIVING TOGETHER

JANET – 17 YEARS – MARK – POMPONG – father john lester –

Less serious physical injuries – slight physical injuries -WEAK

EXEMPT – HUSBAND – ABSOLUTORY CAUSE

ARTICLE 247 – CIRCUMSTANCE – EXTRAORDINARY MITIGATING CIRCUMSTANCE –

Amici Review Center Page 1

MUSLIM – MARK 1. ANNE – PARRICIDE

ADOPTED CHILD – ADOPTIVE PARENT –

Infanticide – age – DOES MATTER – LESS THAN 72

HOMICIDE ,- KILLING PLUS INTENT TO KILL PLUS NO QC = HOMICIDE

ART. 228, RPC – POISON, TREACHERY, EVIDENT PREMIDITATION, FIRE –

Without knowledge – parricide -

PD NO. 46 – PUBLIC OFFICIALS AND EMPLOYEES – GIFT – INCLUDING CHRISTMAS

WHEN TO OBJECT – OFFER – ORALLY - - IMMEDIATELY OBJECT

Amici Review Center Page 2

WARRANT OF ARREST – SERVE – ANYTIME OF THE DAY OR NIGHT

LAW ENFORCERS – 10 DAYS – ARREST – ANOTHER 10 DAYS – RETURN – MANIFESTATION-

ISSUE – ALIAS WARRANT VS BENCH WARRANT

B.W. – FAILED TO APPEAR – TRIAL – NO SHOW -

ARREST – HINDI MAGKAKAROON NG JURISDICTION OVER THE PERSON OF THE ACCUSED –

SEARCH WARRANT – 10 DAYS VALIDITY – FROM ITS DATE - 11TH – VOID

EXECUTIVE JUDGES RTC MANILA – RTC QC – AUTHORIZED TO ISSUE SW – ENFORCEABLE NATIONWIDE

RULES ON THE USE OF BODY CAMERAS IN THE EXECUTION OF WARRANTS

MINIMUM STANDARD REQUIREMENT

Bawal na – JUDICIAL REGION – EJ RTC QC – PASAY- PARANAQUE -MAKATI

FRISK OR TERRY SEARCH

Amici Review Center Page 3

MOTION TO QUASH – CRIMINAL CASES – MOTION TO DISMISS – CIVIL CASES

SUATIN MOTION TO QUASH – GRANTED –

Amici Review Center Page 4

1 ADMIN CASE AT 1 CRIMINAL – NOT

RICHARD G. – SARAH – MARRIED

ANNE C. - - RICHARD – 2ND MARRIAGE – BIGAMY

CIVIL CASE – RTC - GRANTED -

SARAH – BIGAMY – CRIMINAL CASE – HINDI NA MAGPROSPER – STOP – CRIMINAL CASE

2. RAPE BY SEXUAL ASSAULT – RA 8353 – BAILABLE – RT

Amici Review Center Page 5

UNDER 12 – RAPE – CANNOT GIVE A VALID CONSENT

UNDER 7 – QUALIFIED RAPE

RA 8505 – RAPE VICTIM ASSISTANCE AND PROTECTION ACT OF 1998

Pardon – MARK – MABETH – PAGPAPAKASAL – EXTINGUISH CRIMINAL LIABILITY

MARK, ACE, REYMON, ADRIAN – MABETH – MARK – NAGPAKASAL

SWEETHEART DEFENSE – LOVERS’ DEFENSE

SEDUCTION – ENTICE WOMAN TO UNLAWFUL SEXUAL INTERCOURSE – PROMISE OF MARRIAGE – US

BROTHER – ASCENDANT – WHETHER OR NOT WOMAN IS VIRGIN – OVER 18 YEARS OLD - QS

QS – ABUSE OF AUTHORITY – CONFIDENCE – RELATIONSHIP –

ABDUCTION – TAKING AWAY OF A WOMAN FOR THE PURPOSE OF MARRYING OR CORRUPTING

CONTUING CRIME – TRANSITORY OFFENSE –

VICTIM – UNDER 12 – FORCVIBLE ABDUCTION – VOLUNTARILY

FORCIBLE ABDUCTION – SEXUAL INTERCOURSE IS NOT NECESSARY

VIRGINITY OF THE OFFENDED WOMAN – NOT ESSENTIAL ELEMENT OF THE CRIME

Amici Review Center Page 6

3RD CIVIL DEGREE

VIOLATION OF DOMICILE – PUBLIC OFFICER OR EMPLOYEE

WITHOUT CONSENT LAMANG – NOT LIABLE

Amici Review Center Page 7

SERIOUS PHYSICAL INJURIES – WOUND , INSANE, IMBECILE, BLIND, IMPOTENT

QUALIFIED PHYSICAL INJURIES

LESS SERIOUS PHYSICAL INJURIES – FOR 10 DAYS OR MORE 10 – 30

19. Which of these is parricide?