Untitled

Bong surreptitiously went into the premises of Esco.
Not knowing that Esco was inside the house, he burned the house
that resulted also to the death of Esco.
1. Bong is liable of what crime?
a. Arson b. Murder
c. Homicide d. Arson with Murder
There is no complex crime of arson with homicide
Arson
Homicide
Murder
Main Objective of offender – Sunugin – bahay – namatay – arson
Kill – by means of fire – MURDER- QC
KILL- treachery - / sinunog -itago
Murder and arson
KILL- NO qc - /SINUNOG –
HOMICIDE AND ARSON
2. However if Bong knew that Esco was inside the house and his purpose of burning is to kill Esco.What crime is
committed by Bong?
a. Arson b. Murder
c. Homicide d. Arson with Murder
Marcos and Chiz conspired to kill Llanes. They mutually helped one another in abducting Llanes. Before they shoot
Llanes, Marcos intentionally cut off his right ear.
3. What crime did Marcos and Chiz commit?
a. Homicide b. Murder
c. Homicide with Mutilation
d. Murder with serious physical injury
qc- evident premeditation ---
KILLING Plus INTENT TO KILL PLUS QC= MURDER
KILLING PLUS INTENT TO KILL PLUS NO QC =HOMICIDE
Both murder and homicide have intent to kill
If the victim dies, intent to kill is presumed
4. What if Marcos and Chiz did not cut off the right ear, instead they soaked Llanes into a boiling water. What crime
did they commit?
c. Homicide with Mutilation
d. Murder with serious physical injury
cruelty – physical pain
ignominy – moral pain – suffering
5. What if Marcos and Chiz did not conspire to kill Llanes but they just saw the latter while walking and intentionally
they shoot which resulted to the death of Llanes. What crime did they commit?
c. Frustrated homicide d. Attempted murder
Allan and Grace while walking towards home were approached by Lenie. The latter who is armed with a gun declared
hold-up while poking the said gun upon Allan. Lenie demanded for their wallet and gave the same to him for fear of
their lives. Lenie with intent to gain, employed intimidation in taking the personal property of Allan and Grace.
6. What crime is committed by Lenie?
a. Theft b. snatching
c. Robbery d. Grave Threat
ROBBERY – taking of personal property belonging to another with violence, intimidation or force upon things.
Theft - taking of personal property belonging to another with
Grave Threats – threats amount to a crime
LIGHT THREATS – threat does not amount to a crime - blackmail
Manuel entered the house of Lenie by breaking the main door. Once inside, Manuel with intent to gain took the LCD
Television.
7. Manuel is liable of what crime?
a. Robbery b. Theft
c. Malicious mischief d. snatchig
malicious mischief – intentional or deliberate damaging of property of another
8. Suppose Manuel entered the house through the main door without breaking it since it was left unlocked and
thereafter took the LCD Television of Lenie. Manuel is liable of a crime of.
a. Robbery b. Theft
c. Malicious mischief d. snatching
9. What if Manuel entered the house through the main door without breaking it since it was left opened and thereafter
took the LCD Television, however, when he is supposed to leave, Lenie arrived, thus Manuel was forced to pass
at the back door which was locked by breaking it. Manuel is liable of what crime?
a. Robbery b. Theft
Nlote: No force upon entry
10. Suppose Manuel entered the house through the main door by opening it with the use of an ATM card to open the
door lock without breaking it. Upon entry he took the LCD Television. Manuel is liable of a crime of?
a. Robbery b. Theft
c. Malicious mischief d. Robbery with Theft
The pig of Manuel entered in the farm of Mang Rodrigo and destroyed the mongo crop of the latter. As a consequence,
Mang Rodrigo got furious, thus, he hacked the pig with a bolo. The pig dies as a result.
11. What crime is committed by Mang Rodrigo?
a. theft
b. property damaged
c. malicious mischief
d. robbery
Malicious mischief – any person who deliberately causes damage to the property of another
12. Supposing that after killing the pig, Mang Rodrigo makes use of its meat by keeping it in his refrigerator and
cooked some. What crime is committed by Mang Rodrigo?
a. theft
b. property damaged
d. robbery
Theft- intent to gain
13. Suppose it was a Carabao that destroyed the mongo crops of Mang Rodrigo. What crime committed by Mang
Rodrigo?
a. theft
b. malicious mischief
c. Violation of Anti-Cattle Rustling Law
d. robbery
PD-533 – Bovine Family – cow – horse
14. Suppose after killing the carabao Mang Rodrigo makes use of its meat by keeping it in his refrigerator and cooked
some, what crime is committed by Mang Rodrigo?
a. theft
b. malicious mischief
c.Violation of Anti-Cattle Rustling Law
d. robbery
15. Validity of Search Warrant
a. when the judge signs
b. upon service
c. from the date indicated therein
d. from the date received by officer
first day is excluded
last day - included
16. Quantum of EVIDENCE required whether to file an information or complaint in court? (evidence instead of proof)
a. probable cause
b. personal knowledge
c. substantial evidence
d. proof beyond reasonable doubt
substantial evidence-administrative or quasi-judicial body
proof beyond reasonable doubt - criminal
clear and convincing evidence – self defense, insanity, paternity
preponderance of evidence - civil
Based on Jurisprudence, when conducting P.I., Fiscals or Ombudsman exercises quasi-judicial authority. That
is why the proof required is substantial evidence. Probable cause is not quantum of proof, instead it’s quantum of
evidence
17. If the search is illegal, the thing seized is?
a. competent
b. irrelevant
c. inadmissible
d. admissible
doctrine of the fruit of the poisonous tree – an evidence illegally obtained is INADMISSIBLE in evidence
yes – plain view
18. It is the ultimate facts or the facts in issue or to be proved. It is the essential facts constituting the plaintiff’s cause
of action?
a. Factum probandum
b. Evidence
c. factum probans
d. factum prubans
eto yung gusto mong patunayan
iestablish – mangyari after the end of trial
Rape – convict – beyond reasonable doubt –
Accused – not guilty – innocent – acquit –
Jayson – Utang – due and demandable – did not pay
Factum Probans – evidentiary facts – contract of loan, promissory note -
Alden induces Yaya Dub, Pastillas and Vice to kill Aldub who is living on an island far from the town, in consideration
of the amount of 500,000.00. Lola Dora, the owner of the only boat in the place agreed to transport Yaya Dub, Pastillas
and Vice and actually transported them in a place in consideration of 10,000.00. Lola Dora agreed despite knowing the
criminal purpose of Yaya Dub, Pastillas and Vice. Upon reaching the place, Yaya Dub held the hands of Aldub while
Pastillas stabbed Yayadub and as a result, Aldub died. Vice remains as look-out.
19. Alden is liable for a crime as?
a. principal by inducement
b.principal by direct participation
c. principal by indispensable cooperation
d.principal
20. Yaya Dub is also liable for a crime as?
d.accomplice
21. Vice and Pastillas are liable for a crime as?
a. principals by inducement
b.principals by direct participation
c. principals by indispensable cooperation
d.principal
22. Lola Dora as the owner of the only boat is liable of a crime as?
d.accomplice
23. What if there are several boats available to transport, Lola Dora is liable of a crime as?
a. principal
b.accessory
c. accomplice
d.principal by indispensable cooperation
3 kinds
Principal by direct participation – the one who directly commit the act – ikaw mismo ay kasali sa krimen
Principal by inducement – induce – Threat
Principal by indispensable cooperation – Hindi nila maaccomplish ang krimen kung wala kang partisipasyon -
Conspiracy – the act of one is the act of all
Vice – look out -
Pastillas – sumaksak - PBDP
Conspiracy – PBDP
24. In tumultuous affray under Article 251 of the RPC, how many persons are involved?
a. 3
b. 8
c. 4
d. 6
25. What Quantum of Evidence is required in criminal case?
a. Preponderance of evidence
b. Proof beyond reasonable doubt
c. Probable cause
d. Substantial Evidence
26. In Revised Penal Code, the intentional or malicious destruction of property by means of fire is called.
a. Arson
b. Combustion
c. Disposition
d. Murder
27. Which of the following is not an element of malicious mischief?
a. The damage was caused inadvertently – hindi sinasadya
b. The damage caused does not fall within the provisions of arson
c. The offender has caused damage to the property of another
d. The damage was caused deliberately
28. George, the 20-year old son of a rich politician, was arrested at the NAIA arrival lounge and found positive for
opium, a dangerous drug. When arrested, 15 grams of cocaine were found in his bag pack. What offense would
you charge George under R.A No. 9165 (Comprehensive Dangerous Drug Act)?
a. Importation of dangerous drugs. -regardless of the amount or quantity
b. Possession of dangerous drugs.
c. Use and possession of dangerous drugs
d. Use of dangerous drugs
29. In the case of People vs Thomas Sr., the Supreme Court in the appreciation of negative result of paraffin test has
been held to be highly
a. Accepted
b. Determinate
c. Sensitive
d. Unreliable
Gunpowder nitrates – 72 hours
30. The Court personnel next in rank to the presiding judge in the lower court is the Branch Clerk of Court. In the
absence of the judge, the branch clerk of court may hear simple case of unjust vexation.
a. Possible
b. No – judge only
c. It depends
d. Yes
Branch clerk of court - ;lawyer- kanang kamay – draft ng decision –
Hindi makatwirang pang iinis
31. Who among the following can apply for release under the Law on Recognizance?
a. One who is charged with an offense whose penalty is three (3) years and above
b. One who is charged with an offense whose penalty is Twelve (12) months and above
c. One who is charged with an offense whose penalty is not more than Six (6) months
d. One who is charged with an offense whose penalty is Six (6) months and above
RA 10389 – Recognizance Act of 2012
32. What do you call the court that is co-equal to the Court of Appeals?
a. Sandiganbayan – Court of Tax Appeals
b. Court of First Instance - RTC
c. Supreme Court
d. Tanodbayan – Ombudsman – Martires- saln
MTC_ Justice of the Peace
33. The following are rights of a witness under the rules of court EXCEPT:
a. To be examined only as to matters pertinent to the issue
b. Not to give an answer which will tend to subject him to a penalty of an offense
c. To remain silent - Constitutional right – miranda rights Sec. 12, Art. III- 1987 Constitution
Ratify – February 2, 1987 – freedom constitution
d. To be protected from irrelevant questions
34. Mayor saw A and B boxing each other. He approached the two and identified himself as a mayor and attempted to
pacify them whereupon B attacked mayor. C, a bystander came to aid of the Mayor. Upon seeing C helping the mayor,
A attacked C. What crime was committed by the one who attacked C?
a. Direct assault
b. Indirect assault
c. None
d. Physical injury
35. X went to the United States. While he was there, encountered Y an American. They eventually got married.
When X returned to the Philippines, his wife Z filed an action against him for violating their marriage. What is X
liable to?
a. Adultery – babae married – jugjugan sa ibang lalaki – kabet - adultery
b. Bigamy- 2 beses- valid and subsisting
c. Concubinage- 1. pinatira mo sa bahay niong mag asawa ung kabet – ibinahay 2ki . Nakipagtalik si lalaki
sa ibang babae na hindi nia asawa – hindi – scandalous circumstance – 3. Nanirahan kau nung kabet
mo bilang husband and wife
d. No Crime
Private crime – crime that cannot be prosecuted de officio – biktimang asawa ay hindi magpafile ng
kaso
Hindi parehong sinampahan ang asawa na nangabet at kabet – 1 kabet – hindi magpoprosper
Consent -defense ni jeks
Pardon
36. Leave of Court is required to amend a complaint or information before arraignment if the
amendment_______________.
a. Downgrades the nature of the offense from a higher to a lower offense or excludes any accused –
attempted rape – acts of laciviousness – before arraignment –
Fiscal – motion sa court to downgrade
Notify – offended party – private complainant- hindi cia plaintiff – PP- witness
LEAVE OF COURT
excludes any accused – 10 – filed information – 5

b. Downgrades the nature of the offense from a higher to a lower offense and adds another accused
c. Upgrades the nature of the offense from a lower to a higher offense and excludes any of the accused
d. Upgrades the nature of the offense from a lower to a higher offense and adds another accused
Leave of court -permission of the court
37. In criminal procedure, who conducts the direct examination?

a. Opponent
b. PAO lawyer
c. Proponent
d. Prosecution
38. The following are classified as crimes against chastity, EXCEPT:
a. Simple Seduction – deceit - pakakasalan
b. Adultery
c. White Slave Trade- business - prostitution
d. Sexual Harassment- RA 7877-SPL
Chastity – private crimes
39. Within how many days after the expiration of the period to execute the warrant of arrest that the officer to whom it
was assigned for the execution shall make a report to the judge who issued the warrant?
a. 10- no warrant of arrest -
b. 15
c. 20
d. 30
10 days – after 10 days - invalid
40. The following are classified as crimes against honor, EXCEPT:
a. Premature Marriage – 301 -namatay si Jeks – annul – nullify- RA10655- decriminalized
b. Libel – in writing -
c. Incriminating an innocent person -
d. Slander – orally – oral defamation
41. A complaint may be filed by any of the following, EXCEPT:

a. Offender
b. The offended party
c. Other public officers
d. Any peace officers
42. Which of the following is a crime against the Fundamental Law of the State?
a. Espionage- national security
b. Piracy – law of nations
c. Treason – national security
d. Violation of Domicile – Art. 3 – bill of rights – Section 2
Constitution
National security and the law of nations – par. 5, Art 2 ng RPC – extraterritorial application – exceptions
principle of territoriality
43. The Metropolitan Trial Court convicted Virgilio and Dina of concubinage. Pending appeal, they applied for bail,
claiming they are entitled to it as a matter of right. Is their claim correct?
a. No, bail is dependent on the risk of flight.
b. No, bail is not a matter of right after conviction.
c. Yes, bail is a matter of right in all cases not involving moral turpitude.
d. Yes, bail is a matter of right in the Metropolitan Trial Court before and after conviction.
9. What if Manuel entered the house through the main door without breaking it since it was left opened
and thereafter took the LCD Television, however, when he is supposed to leave, Lenie arrived, thus Manuel
was forced to pass at the back door which was locked by breaking it. Manuel is liable of what crime?
a. Robbery b. Theft
Art. 299 par. (a) 1 – through an opening not intended for entrance or engress – theft
44. Is there an instance where an accessory is exempted from criminal liability?
a. It depends
b. No
c. Sometimes
d. Yes
Accessory – exempt liability – absolutory cause
Art. 20, RPC – Relationship –
Spouses, ascendants, descendants, legitimate, natural – illegitimate , adopted sisters/brothers, or
relatives by affinity within the same degree – bother-in-law/sister-in-law
RBA- relatives – marriage
Consanguinity – by blood
Accessory – 1. By profiting themselves or assisting the offender to profit by the effects of the crime
BBM- principal by direct participation
Digong – accessory
2 degrees lower
2. tumulong ka na itago ang krimen
Digong pinatay nia si BBM, Bong Go..
PBP – murder or homicide
Accessory –
3. Public Officer – yorme Isko – BBM – assist kay offender – makatakas -with abuse of his public
function – PBDP – Accessory- any crime
4. private- Treason, murder, homicide, an attempt to take the life of the president, habitual criminal-
makatakas – accessory
Principal sa obstructioon of justice
Art. 20 –
Habitual criminal
45. X tried to kill Y by poisoning. One morning, X put sugar on the food of Y thinking that it was arsenic. Instead of
dying, Y suffered diabetes. In this case, the crime is not committed because the material he mixed on the food is
a. Impossible
b. Inadequate
c. Ineffectual
d. Intentional
Impossible Crime –
1. The crime would be an offense against person or property – Kidnapping – crime against personal
liberty and security
2. The offender must have acted with evil intent
3. The means employed is either inadequate or ineffectual
4. There is no other provision of the RPC that has been violated
46. What term denotes a new or fresh trial when an appellate court sends a case back to lower court for new trial?
a. Trial by publicity
b. Trial by jury
c. Trial by default
d. Trial de novo
47. What law prohibits the imposition of death penalty in the Philippines?
a. R.A 7659 – Death – Henious Crimes
b. R.A 7965 – dedma
c. R.A 8177 – Death – Lethal injection
d. R.A 9346- moratorium on the imposition of death penalty
48. Facts already known or ought to be known by judges by reason of their office and of which they may properly take
and act without proof are matters called:
a. Privileged communication
b. Judicial notice
c. Pleadings
d. Judgment
DISQUALIFICATION BY REASON OF MARRIAGE – SPOUSAL IMMUNITY RULE – MARITAL
DISQUALIFICATION RULE
During their marriage – during – neither the husband nor the wife may testify for or against the other
without consent
Object –
In a civil case by one against the other
Sara – nullity – civil case – psychological incapacity
In a criminal case by one against the other
In a criminal case committed by one spouse against the other spouse’s descendant or ascendant
DISQUALIFICATION BY REASON OF MARRIAGE – ONE SPOUSE IS A PARTY TO THE CASE

DURING THE MARRIAGE
TOTAL PROHIBITION -ALL FORMS OF COMMUNICATION
DISQUALIFICATION BY REASON OF MARITAL PRIVILEGE – PRIVILEGED COMMUNICATION – SPOUSES – A

PARTY OR NOT
DURING AND AFTER THE MARRIAGE
CONFIDENTIAL INFORMATION
PRIVILEGED COMMUNICATION – RELATIONSHIP – CONFIDENTIAL INFORMATION
ATTORNEY-CLIENT PRIVILEGE
FURTHERANCE OF A CRIME –
CLAIMANTS THROUGH THE SAME DECEASED CLIENT
BREACH OF DUTY BY CLIENT OR LAWYER
DOCUMENT ATTESTED BY CLIENT – WITNESS
JOINT CLIENTS
DOCTOR-PATIENT PRIVILEGE – CIVIL CASE

PSYCHOTHERAPIST – 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
49. For search to be considered as an incident of the arrest, it must be made at the place where the:
a. Contraband was found
b. Police station is located
c. Arrest was effected
d. Crime was forced
50. Which among the following is a requisite before an accused may be discharged to become a state witness?
a. The accused does not appear to be guilty.- NO
b. The accused has not at any time been convicted of any offense.
c. The testimony of the accused sought to be discharged can be substantially corroborated on all points.-ALL
(MATERIAL POINTS)
d. There is absolute necessity for the testimony of the accused whose discharge is requested.
51. Which evidence is presented to vary the terms of a written agreement, there is the application of the evidence rule.
a. Documentary – DOCUMENTS
b. Best EVIDENCE RULE – HINDI – ORIGINAL DOCUMENT RULE -
c. Written
d. Parol - CONTRACT – WRITTEN AGREEMENT – ORAL EVIDENCE
SOUNDS, RECORDINGS
PHOTOGRAPHS- MOTION PICTURES – CCTV FOOTAGES
52. X, a doctor, put a poison on the food of his wife. When she ate the food, moments later, she suffered excruciating
pain in the stomach. Seeing his in agony, X got pity on his wife and administered an antidote. Thus, the wife did not
die. What crime was committed by X?
a. Attempted Parricide
b. Frustrated Parricide
c. Serious Physical Injuries
d. No crime
FRUSTRATED – BY REASON OF CAUSE INDEPENDENT OF THE WILL OF THE PERPETRATOR-
INTERVENTION NG IBANG TAO- HINDI OFFENDER
53. Choose the correct circumstance when a woman may be held liable for rape:
a. When she befriends and puts a sleeping pill in the victim’s drink to enable her husband to have intercourse
with the victim.
b. When the offender uses an instrument and inserts it in the mouth of the victim.
c. When the rape is committed by two or more persons.
d. With the use of force or intimidation.
54. Zosimo was convicted to a prison term of prision correccional. Will he qualify for probation?
a. No, his sentence is six (6) years and one (1) day
b. No, his sentence is more’than Six (6) years and One (1) day
c. Yes, his sentence is less than Six (6) years and One (1) day -
d. Yes, his sentence is three (3) years and one (1) day
55. A petition for the grant of absolute or conditional pardon shall be favorably endorsed to the Board by the________ if
the crime committed by the petitioner is against national security.
a. Secretary of Foreign Affairs
b. Secretary of Justice
c. Secretary of National Defense
d. Secretary of the Interior and Local Government
VIOLATION ELECTION LAWS-favorable reccommendation of comelec
56. Under which condition can a prisoner be immediately released provided he is not a recidivist or he had not been
previously convicted 3 or more times of any crime?
a. If he has been in jail for 60 days and the maximum penalty for the offense he may be found guilty of is
destierro
b. If he has been in jail for 30 days and the maximum penalty of the offense he may be found guilty of is
prision correccional
c. If he has been in jail for 30 days and the maximum penalty of the offense he may be found guilty of is
reclusion perpetua
d. If he has been in jail for a period equal to or more than the possible maximum term of punishment of the
offense he maybe found guilty of.
57. That law expanding the jurisdiction of the MTC, MTCC, MCTC.
a. R.A. 7691
b. R.A. 8493 - Speedy trial act
c. BP 129 – Judiciary Reorganization Act of 1980
d. R.A. 1379- Forfeiture of Ill-gotten Wealth
58. A private individual to be considered an accessory, the author of the crime must be guilty of any of the following,
EXCEPT:
a. Murder
b. Treason- breach of allegiance – war crime – filipino citizen -alien -foreigner – residing in the Philippines –
except when there is conspiracy
c. Parricide
d. Infanticide
59. The following are crimes against national security and the law of nations EXCEPT one:
a. Violation of neutrality – in times of war – but the philippines is not involved – Pres. – neutral – regulation -
b. Rebellion – crime against public order – public uprising- taking up arms against the government – President
– Congress – deprive them of any of their powers or prerogatives
Common crimes – murder, arson, p.i. , homicide
Rebellion – all common crimes – absorbed
Provided these were committed in furtherance of rebellion – THEORY OF ABSORPTION IN REBELLION –
Not in furtherance of rebellion- rebellion and common crimes

c. Treason – war crime – common crimes – in furtherance of treason -absorbed – separate charges
d. Espionage – without authority – national defense – security of the State – photos, data, information -
security ng Pinas
2. military – public officer – possession data, photos, info relative to the security of the Philippines – divulge
– disclose – to a representative of a foreign nation s
60. Which of the following is NOT classified as a crime committed by public officers?
a. Forgery- crimes against public interest
Check – amount, date, pirma
b. Official breaking seal -
c. Malversation -
d. Refusal of assistance –
Malversation – malum in se – rpc
Technical malversation – illlegal use of public funds or property – rpc yes – yes –wrong –malum prohibitum
– not inherently evil
Mala in se – inherently evil..inherently wrong

Mala prohibita – not – prohibited by law – define act
MS – RPC – EXCEPTION – TM -IUPFP
MP – SPL – RA 7080 – PLUNDER LAW – MS-50M
MS – LACK OF CRIMINAL INTENT IS A DEFENSE – DELIBERATE FELONIES – INTENTIONAL

MP – INTENT IS IMMATERIAL – NO INTENT –
MS – GOOD FAITH IS A DEFENSE

MP – GOOD FAITH IS NOT A VALID DEFENSE
MS – DEGREE OF PARTICIPATION – PRINCIPAL – ACCOMPLICE – ACCESSORY

MP – PRINCIPAL
MS – STAGES OF EXECUTION – ATTEMPTED – FRUSTRATED – CONSUMMATED

MP – NO – CONSUMMATED
MS – MITIGATING AND AGGRAVATING CIRCUMSTANCES ADOPTED

MP – NO M- NO A – EXCEPTION – SPL – RPC – M-A
61. Sworn statement, subscribed by offended party, any peace officer or public officer in charge of enforcement of
the law violated filed either to the court or to the office of the prosecutor.
a. Complaint – IT DEPENDS –
province – p.i. – preliminary investigation – 4 years 2 m and 1 day – regardless sa amount ng fine
4y2m1d – office of the city or provincial prosecutor
Less than - office of the city or provincial prosecutor – yes – probable cause – information – court – mtc-mtcc-mctc –
no pc – dismissed
Mtc-mctc-mtcc
Metro manila – 4 years 2m and 1 day – p,i.
Less than – fiscal – regardless penalty
b. Pleadings
c. Information – subscribed by the prosec – filed Court -
d. Affidavit
62. Prescription of offense commences to run:
a. Upon discovery of the crime by the offended party or peace officers or their agent.
b. Upon filing of cases in court.
c. Upon escape of the accused.
d. Upon re-appearance of the accused
63. The following are cases covered by rules on summary procedure, EXCEPT:
a. Where the penalty is six months imprisonment
b. Violation of traffic laws
c. Violation of rental laws
d. Where the penalty exceeds six (6) months imprisonment
Summons – in lieu of warrant of arrest
Arraignment – woa
Under detention – commitment order

Summons – fine only
64. The following are aggravating circumstances EXCEPT:
a. Movement of the offender is restricted
b. Cruelty- physical pain
c. Adding ignominy- moral pain – applicable cimes against chastity
d. Taking advantage of superior strength
65. When taking up arms against the government was undertaken by members of the military, what law was violated?
Republic Act________.
a. 9165 - drugs
b. 7610 -child abuse
c. 6506 – crim – ra 11131
d. 6968
66. The following offenses cannot be prosecuted de officio without a complaint first filed by the offended party,
EXCEPT:
a. Rape - CAC- RA8353 - Persons
b. Abduction
c. Seduction
d. Adultery and Concubinage – pp – private crimes
67. Complaint or Information shall charge only one offense. This is the rule on:
a. Duplicity of offense
b. Complex crime
c. compound crime
d. continuing crime
e. Duplicity of offense- 1 charge – 1 information – 2 C-2I
SEC 5 at sec 11 – ra 9165 – 2 – tipid – 2 chRGES – 2 I
Duplicitous – M2Q
Exceptions – complex crimes, scc – robbery with homicide – 1 penalty
2 kinds of complex crimes
Compound crime
Delito compuesto
When a single act constitutes 2 or more grave or less grave offenses – Granada –
*Complex crime proper or delito complejo
When an offense is a necessary means of committing another
Alyssa – rape – abduct
Delito continuado - continuous crime – single criminal charge – series of acts – basis singularity of
impulse of the offender – 1 charge of theft –
Continuing crime or transitory offense – it may be filed in any of the places where the ingredients of the
crime occurred
Rebellion, BP 22 case -
68. It is an Act Instituting the Comprehensive Dangerous Drugs Act of 2002, providing Funds Therefore and for Other
Purposes.
a. RA 9165
b. RA 1956
c. RA 9156
d. RA 1965
69. It is the system or criminal procedure which is characterized by secrecy of investigation and the option of the
defense and prosecution to appeal.
a. Inquisitorial
b. mixed
c. accusatorial
d. fixed
70. It is that system of criminal procedure which is conducted either at the initiative of the public prosecutor or the
offended party and the right to appeal is limited to the defense and the accused is presumed innocent.
a. inquisitorial
b. mixed
c. accusatorial
d. fixed
inquisitorial
the prosecution of crimes is wholly in the hands of the court
procedure – secrecy
presence – accused – not required
accusatorial - trial is publicly held

crimes – prosecute – fiscal
presence – required – all stages of the proceedings
presumed innocent
mixed
71. What is the penalty of planting of evidence in drug incidents?
a. Reclusion Perpetua
b. Life Imprisonment
c. Death
d. Fine
72. Is that which in a case the resolution of which is a logical antecedent of the issue involved therein, and the
cognizance of which pertains to another tribunal.
a. Prejudicial question
Suspension of arraignment
2 cases – 1 case criminal – 1 civil
Decision – civil – criminal – stop
b. inquest proceeding
c. preliminary investigation
d. custodial investigation
73. Is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that
a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.
a. preliminary investigation
b. inquest proceeding
c. prejudicial question
d. custodial investigation
74. Preliminary investigation is conducted on cases punishable by:
a. at least four (4) years, two (2) months and one (1) day
b. more than four years, two months and one day
c. less than four years, two months and one day
d. six years, one day and above
75. The following persons are authorized to conduct preliminary investigation, EXCEPT:
a. Judges of Metropolitan Trial Court
b. Provincial and city prosecutors and their assistants
c. National and Regional state prosecutors;
d. None of the above
76. After the filing of the Complaint or Information in court without a preliminary investigation within how many days
an accused person upon knowing the filing of said complaint may ask for preliminary investigation?
a. 5 days -from the time you learned of the filing of info
b. 15 days
c. 10 days
d. 30 days
77. Is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.
a. Arrest
b. Warrant
c. jurisdiction
d. Seizure
78. Validity of the warrant of arrest?
a. no fixed duration
b. 30 days
c. 20 days
d. 10 days
79. Lifetime of search warrant?
a. 10 days
b. 20 days
c. 5 days
d. No fixed duration
80. When making an arrest the arresting officer ____ the warrant of arrest in his possession?
a. Need not have
b. Should always have
c. may sometime have
d. need to have
81. Under what circumstances arrest can be made even without a warrant?
a. When the crime was committed in the presence of the arresting officer.
b. When the crime was in fact been committed and there is personal knowledge based on probable cause
that the person to be arrested has committed it.
c. When the person to be arrested is an escapee.
d. All of the choices
82. It is a security given for the temporary release of a person in custody of the law.
a. Bail
b. parole
c. fine
d. conditional pardon
83. Trial _____ may proceed in case the accused person failed to appear at the trial without justification and despite
due notice.
a. In absentia
b. in flagrante de licto
c. on the merits
d. none of these
84. When Bail is a matter of right?
a. Before or after conviction by the Metropolitan, Municipal or Municipal Circuit Trial Court.
b. Upon conviction by the Regional Trial Court of an offense
c. before conviction by the Regional Trial Court of an offense punishable by more than 20 years
d. upon preliminary investigation
85. Bail is a matter of right under the constitution when:
a. crime punishable by reclusion perpetua to death
b. crime punishable by life imprisonment
c. crimes punishable by death
d. crime punishable by reclusion perpetua or life imprisonment when evidence of guilt is not strong
86. When bail is discretionary?
a. Upon conviction by the RTC not punishable by reclusion perpetua or life imprisonment.
b. Upon conviction by the RTC exceeding 6 years but not more than 20 years who is a recidivist.
c. Upon conviction by the RTC exceeding 6 years but not more than 20 years when there is undue risk that
he may commit another crime during the pendency of the appeal.
d. Upon conviction by the RTC exceeding 6 years but not more than 20 years who has previously escaped
from legal confinement.
87. Is an offense which, under the existing law at the time of its commission and at the time of the application for
admission to bail may be punished with death.
a. capital offense
b. less grave
c. heinous crime
d. grave felony
88. Bail shall automatically be cancelled upon:
a. acquittal of the accused
b. execution of the judgment of conviction
c. dismissal of the case
d. all of the choices
89. It is the rule which states that if the inculpatory facts and circumstances are capable of two or more interpretation,
one which is consistent with the innocence of the accused and the other consistent with his guilt, or they are
evenly balanced. The constitutional presumption of innocence should tilt the scale in favor of the accused and he
must be acquitted.
a. Equipoise rule
b. Presumption of guilt
c. Hornbook doctrine- right to be informed of the nature and cause of accusation filed against you
d. due process of law
90. Refers to the counsel provided by the government to assist destitute litigant?
a. Counsel de officio
b. counsel de parte – reasonable time
c. Public Attorney’s Office
d. National Prosecution Office
91. It is a process directed to a person requiring him to attend and to testify and to bring with him any books or
documents under his control at the trial of an action.
a. subpoena
b. subpoena duces tecum - to bring with him any books or documents
c. subpoena ad testificandum - to attend and to testify
d. d. warrant of arrest
92. Unless shorter period is provided by special law or Supreme Court Circular, the arraignment shall be held within
___ days from the date the court acquires jurisdiction over the person of the accused.
a. 30 days
b. 10 days
c. 15 days
d. 5 days
93. If an accused person who refuses to plead, a plea of ___ shall be entered.
a. Not guilty
b. admission by silence
c. guilty
d. none
94. When reception of evidence is necessary under the following circumstances:
a. Plea of guilty to lesser offense
b. plea of guilty to capital offense
c. Plea of guilty to non-capital offense
d. all of these
95. When the complaint is vague – magulo- kilang ng vital info, the accused may file a motion alleging among others
the defect of the complaint or information and the details desired in order to enable him to properly answer and
prepare for trial. This motion is known as:
a. motion for bill of particulars
b. motion for clarification
c. motion to dismiss
d. motion for postponement
96. Upon motion of the proper party, arraignment shall be suspended on the following grounds:
a. The accused appears to be suffering from unsound mental condition.
b. There exists a prejudicial question.
c. A petition for review of the resolution of the prosecutor is pending either at the DOJ or Office of the
President .- 60 days
Resolution – fiscal – p.i. – within 15 days – MR- chief or
15 days – PetRev – DOJ
MR- DOJ – OP-Court of Appeals – Rule 43 ROC
97. A move for the annulment of the criminal charge made by an accused is:
a. Motion to quash -criminal
b. Nolle prosequi - evidence – court
c. Motion to dismiss - civil
d. bill of particulars
98. It is the loss by the State of the right to prosecute and punish or the termination of the power to prosecute or
punish the offender after the lapse of certain definite period from the commission of the offense.
a. Prescription of crime
b. acquisitive
c. prescription of penalty
d. extinctive
99. It is one of the grounds for motion to quash. It is the danger of being prosecuted for the same offense for the
second time.
a. double jeopardy
b. double trial
c. double trouble
d. double counter
100. Provisional dismissal of offense punishable by imprisonment not exceeding six years or a fine of any amount
or both shall become permanent after ____.
a. one year
b. 2 years
c. 5 years
d. d. 4 years
101. Within how many days after arraignment and from the date the court acquires jurisdiction over the person of
the accused shall order a pre-trial conference?
a. 30 days
b. 15 days
c. 20 days
d. 60 days
102. How many days are given to an accused person to prepare for trial after a plea of not guilty is entered?
a. 15 days
b. 20 days
c. 30 days
d. 180 days
103. The trial of a case shall commence within ___ days from receipt of the pre-trial order?
a. 30 days
b. 15 days
c. 20 days
d. 60 days
104. The trial court has how many days from the first day of trial to terminate the same?
a. 60 days
b. 365 days
c. 180 days
d. 150 days
105. The trial of a case cannot be made in absentia in the following circumstance/s:
a. at the arraignment and plea – bawal
b. during the trial whenever necessary for identification purposes- bawal
c. at the promulgation of sentence, unless for a light offense - bawal
106. The order of trial is:
a. Prosecution, accused, rebuttal and sur-rebuttal
Self- defense – Reverse Trial - Defense
b. Prosecution, cross, redirect, re-cross
c. Direct, cross, re-cross, re direct
d. Direct, cross, rebuttal, and sur-rebuttal
107. Refers to items such as dolls, puppets, drawings, mannequins or any other appropriate demonstrative device
to assist him in testimony.
a. Testimonial aids
b. Emotional security items
c. support
d. none of these
108. It is a type of a question that can be allowed in all stages of examination of a child, if the same will further
the interest of justice.
a. leading questions - cross – hostile -
b. relevant
c. misleading
d. Narrative
109. Which of the following is a ground for discharge of an accused to be a state witness?
a. there is absolute necessity for the testimony of the accused.
b. said accused does not appear to be the most guilty
c. said accused has not been convicted of a crime involving moral turpitude
110. After the prosecution rests its case, the accused person may move for the dismissal of the case through:
a. on its own initiative after giving the prosecution an opportunity to be heard.
b. Demurrer to evidence
c. motion for reconsideration – after judgment – accused – defense – not allowed prosecution – acquittal –
immediately executory -
d. motion for new trial – irregularities – newly discovered evidence -
petition for certiorari under Rule 65 RoC- grave abuse of discretion amounting to lack or excess of jurisdiction
– Judge -
111. It is the judicial examination and determination of the issue in an action or proceeding, civil or criminal.
a. pre-trial
b. trial
c. plea bargaining
d. Judgment
112. Is the adjudication by the court that the accused is guilty or not guilty of the offense charged and the
imposition of the proper penalty and civil liability.
a. judgment
b. rendition of judgment
c. promulgation of judgment
d. conviction
113. It is the finding of not guilty based on merits or that the evidence does not show that his guilt is proof beyond
reasonable doubt.
a. dismissal
b. conviction
c. acquittal
d. judgment
114. Judgment becomes final when?
a. the period for perfecting an appeal lapsed.- 15 days
b. when the sentence is partially of totally satisfied or served.
c. when the accused waived in writing his right to appeal.
d. when he applied for probation
e. all of the choices
115. Which of the following cannot be filed after judgment of conviction becomes final?
a. Motion for new trial
b. Motion for reconsideration
c. Motion to dismiss
d. All of these
116. Who represents the State in an action for appeal?
a. prosecutor
b. Secretary of DOJ
c. appellant
d. Solicitor General
117. The party appealing the case shall be called?
a. appellant - accused-appellant
b. accused
c. Appellee
d. Defendant
118. It refers to the geographical division or territorial limit where the power of the court is exercised and which is
jurisdictional in criminal case.
a. Venue
b. Jurisprudence
c. Jurisdiction – authority of the c ourt to hear or try a case
d. Court
In criminal cases, venue is jurisdictional
119. It is the authority to hear or try a case for the first instance.
a. Original jurisdiction
b. Exclusive jurisdiction -other courts are excluded – libel case – RTC – excluded
c. concurrent jurisdiction – a case may also be filed with other courts – certiorari – prohibition – mandamus
– habeas corpus – amparo – habeas data – RTC – CA – SC
d. appellate jurisdiction – RTC- CA-SC
120. It is the sole authority to hear cases to the exclusion of the others.
a. Original jurisdiction
b. Exclusive jurisdiction
c. appellate jurisdiction
d. concurrent jurisdiction
121. In criminal cases, the following determine the jurisdiction of court, EXCEPT:
a. Extent of penalty-
b. Person of the accused
c. Territory - yes
d. subject matter- yes
How does the court acquire jurisdiction over the person of the accused?
Arrest – Voluntary surrender
Bail – at large – no - jurisdiction
b. Upon filing of cases in court.
c. Upon escape of the accused.
123. When an appeal shall be taken?
a. within 10 days
b. within 30 days
c. within 15 days
d. within 5 days
124. Property subject of search and seizure, EXCEPT?
a. Subject of the offense
b. Stolen or embezzled and other proceeds or fruits of the offense
c. Used or intended to be used as the means of committing an offense
d. Firearm
125. When search must be made?
a. in the day time
b. only during sunrise
c. any time of the day and night
d. in the presence of two witnesses
126. In a criminal case, the People of the Philippines are called?
a. Plaintiffs
b. offended party - pop
c. defendants - accused
d. Respondents – accused – court – fiscal
127. A complaint and information have the same legal content, however, they differ as to who subscribes to it.
Who subscribes an information?
a. Accused
b. Prosecutor
c. Witness
d. Victim
128. A Special Law which defines certain rights of accused, detained or under custodial investigation as well as
duties of the arresting detaining and investigation officer.
a. R.A. 7438
b. R.A. 7348
c. R.A. 7834
d. d. R.A. 3478
129. Under Rule 115 of the Rules of Court, an accused cannot be compelled to be a witness against himself. This
principle is also known as:
a. rights against illegal arrest
b. the right to presume innocent
c. rights against self- incrimination
d. right to live
130. Under the Rules on Summary Procedure, the following pleadings are prohibited except:
a. motion to quash
b. bill of particulars
c. answer- counter affidavit
d. demurrer to evidence
131. The following cases committed by public official with salary grade 27 and above fall under the exclusive
jurisdiction of the Sandiganbayan, Except:
a. Crimes committed in violation of Act 3019, R.A. 1379 and section 2, chapter 2, title VII, Book two of the
RPC
b. Civil and criminal cases filed pursuant to and in connection with executive order nos. 1, 2, 14 and 14-A.
c. Crimes committed by public official in relation to their office.
d. None of the choices
132. It is the law which classifies rape from crime against chastity to crimes against person, making crime
prosecutable even without a complaint filed the offended party?
a. R.A. 8353 - man and woman - Rape by sexual assault – man -woman- RT- bailable
Rape by Sexual Intercourse – woman- RP- non-bailable
b. R.A. 9283
c. R.A. 8493 - Speedy Trial Act
d. R.A. 7055 – Civil Courts – military laws
133. Civil liability arising from the offense charged is deemed instituted upon the filing of criminal action in court
as provided by Rule 111 of Rules of Court. In what instances can a civil action for recovery of civil liability can be
separated?
a. When the offended party waives the civil action;
b. When the offended party reserves his right to institute the civil action;
c. When the institution of the civil action is made prior to the criminal action.
134. What is the effect of death of the accused in civil actions?
a. It extinguishes the civil liability arising from delict.-
b. Independent civil action instituted may be continued against the estate or legal representative of the
accused.
c. If the accused dies before arraignment, the case shall be dismissed without prejudice to any civil action
the offended party may file against the estate of the deceased.
135. Pursuant to Rule 114 of the Rules of Court, a detainee may be released on bail in the following manner,
except:
a. property bond
b. performance bond
c. corporate surety
d. recognizance
136. Demurrer to evidence may be filed by a party to a case
a. after arraignment
b. after the defense has rested its case
c. after trial
d. after the prosecution had rested its case
137. The accused may question the legality of his arrest ___ otherwise the said accused could no longer question
the same and that the arrest is presumed by the court as valid.
a. before arraignment- motion to quash – b4 arraignment – that the court does not acquire jurisdiction over
the person of the accused.-WAIVED.
b. before conviction
c. before preliminary investigation
d. before trial
138. The following are matters to be taken up in pre-trial conference except:
a. examination of witnesses - trial
b. marking of evidence
c. plea bargaining
d. stipulation & simplification of issues
139. The reservation of the right to institute separate civil action shall be made:
a. before arraignment
b. before the pre-trial conference
c. before the prosecution rest its case
d. before the prosecution presents evidence
140. Amendment without leave of court before the accused pleads (b4 arraignment) is allowed by the Rules of
Court under the following instances EXCEPT:
a. amendment as to substance
b. amendment as to form
c. amendment that reflects typographical error
d. amendments to downgrade the nature of the crime
141. One of the requisites in order that one of the accused may be discharged in order to be state witness is that
a. Said accused does not appear to be the most guilty
b. Said accused does not appear to be least guilty
c. Said accused must not appear to be guilty
d. Said accused must appear to be innocent as charged
142. P.D. 1508 -Katarungang Pambarangay Law is repealed by the RA 7160 Local government Code of 1991.
Under the said code, the Lupon of each barangay shall have authority to bring together the parties actually residing
in the same city or municipality for amicable settlement where the offense committed is punishable by
imprisonment exceeding one (1) year. This statement is:
a. absolutely true
b. partly true
c. absolutely false –1 year or less; fine - 5K or less
d. partly false
Barangay – prescription of crime – 60 days
143. In Metro Manila, the complaint is filed with the:
a. Office of the President
b. Office of the Clerk of Court
c. Office of the Prosecutor
d. Office of the Ombudsman
144. In general, the formal requisites of a complaint or information are the following, EXCEPT:
a. It must be in writing
b. It must be in the name of the People of the Philippines.
c. It must be filed with the Prosecutor’s Office
d. It must be filed in court
145. Z as husband dies before he could institute the criminal action for adultery against his wife and the paramour.
The case may:
a. No longer be prosecuted
b. Be prosecuted by the husband’s parents
c. Still be prosecuted
d. Be prosecuted by the State
146. Breach of allegiance to a government, committed by a person who owes allegiance to it.
a. treason
b. espionage
c. adherence to the enemy
d. rebellion
147. The degree of proof required to convict a person accused of treason.
a. substantial evidence
b. proof beyond reasonable doubt
c. two-witness rule
d. preponderance of evidence
148. The following are elements of Piracy, EXCEPT:
a. A vessel is on the high seas or in Philippine waters;
b. The offenders are not members of its complement or passengers of the vessel;
c. That the offender resists to a superior officer;- mutiny
d. The offenders either attack or seize that vessel or seize the whole or part of the cargo of said vessel, its
equipment or personal belonging of its complement or passengers.
Piracy- Art. 122 – strangers/outsiders/phil waters/high seas
Piracy – Philippine waters? Both – insiders – PD 532
149. Which of the following does NOT qualify the crime of Piracy?
a. Whenever the pirates have seized the vessel on the high seas or in Philippine waters
b. Whenever the pirates have seized a vessel by boarding or firing upon the same.
c. Whenever the pirates have abandoned their victims without means of saving themselves.
d. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape.
150. Otherwise known as the “Anti-Piracy and Anti-highway Robbery Law of 1974.
a. Comm. Act No. 616 - Punishing Espionage
b. P.D. 532
c. P.D. 533 -Anti-Cattle Rustling Law
d. R.A. 6235 – Anti-Hijacking Law
151. The following are acts that constitute a crime of delaying release, EXCEPT:
a. Delays the performance of a judicial or executive order for the release of a prisoner.
b. Delays the service of the notice of such order to said prisoner.
c. Delays the proceedings upon any petition for the liberation of such person.
d. Delays the filing of a criminal offense against the detainee to the proper judicial authority – Art. 125
e. All of these
152. It is the unauthorized act of public officer who compels a person to change his residence or otherwise expels
him from the Philippines.
a. violation of domicile
b. arbitrary detention
c. trespass to dwelling
d. expulsion – private person – grave coeercion
153. The following are acts constituting Violation of Domicile except:
a. Any public officer or employee who enters any dwelling against the will of the owner thereof.
b. Any public officer or employee who searches any papers or other effects found therein without the
previous consent of the owner.
c. Any public officer or employee who refuses to leave the premises, after having surreptitiously entered
said dwelling and after having been required to leave the premises.
d. Any public officer or employee who searches domicile without witnesses.- Search without witnesses
Owner
Any member of his family
2 persons residing in the same locality
e. All of the choices
154. The following are crimes against the fundamental law of the State. Which one can be committed by private
person?- Public Officers or Employees
a. Arbitrary detention
b. Violation of Domicile
c. Interruption of religious worship
d. Offending religious feelings – any person
e. Prohibition, interruption or dissolution of peaceful meetings
155. This crime is committed by rising publicly and taking arms against government to completely overthrow and
supersede said existing government.
a. treason
b. rebellion
c. coup d’etat – swift attack – diminish or seze state power – military – police – public officers - conspiracy
d. sedition – outside legal means –
arson, murder, homicide, p.i.
not absorbed – separate
unlicensed firearm – no – absorbed
156. A swift attack accompanied by violence, intimidation, stealth, directed against duly constituted authorities,
public utilities, military camps and installation with or without civilian support for the purpose of diminishing state
power.
a. treason
b. rebellion
c. coup d’etat
d. sedition
157. It is a felony which in its general sense is raising of communications or disturbances in the State outside of
the legal method.
a. treason
b. rebellion
c. coup d’etat
d. sedition
158. The Kilusan ng mga Hndi Ungas at Paranoid (KHUP) was organized by Mr. Panot allegedly for protecting the
poor laborer, where in fact it was organized to form a group that would rise against the rich businessmen of their
city. For what crime can they be charged?
a. Illegal assembly
b. Illegal association
c. coup d’etat
d. rebellion
159. Mrs. Grace, a Mayor of Valenzuela together with Engineer Pandac and Councilor Panot were surveying the
land occupied by informal settlers for government projects and for their relocation. The residents oppose with the
plan. Mrs. Lourdes, one of the residents, slapped the face of Mayor Grace when the latter came near. One of the
close escorts of the Mayor defends her but Mrs. Lourdes also slapped him and punched as well. For what crime
Mrs. Lourdes can be charged for in relation to Mayor Grace?
a. Sedition
b. Slander by Deed
c. Direct Assault
d. Rebellion
160. Any person directly vested with jurisdiction, whether as an individual or as a member of some court or
government corporation, board or commission, shall be deemed ____?
a. Agent of a person in authority
b. Judicial authority
c. person in authority
d. Public employee
161. It is committed by any person who shall resist or seriously disobey any person in authority, or the agents of
such person, while engaged in the performance of official functions.
a. Direct assault
b. Indirect Assault
c. Disobedience to summons issued by the National Assembly
d. Resistance & disobedience to a person in authority or the agents of such person
162. The following are classified as crimes against public order, EXCEPT.
a. Tumults and other disturbances of public order
b. Unlawful use of means of publication and lawful utterances
c. Alarms and scandals
d. Delivering prisoners form Jails
e. None of the choices
163. Mr. Pasaway while under the influence of liquor fired a gun in the air to proclaim to the people that he is
celebrating his birthday. Such act constitutes ___?
a. illegal discharge of firearm -tatakutin
b. alarm & scandals
c. disturbances
d. outcry
164. Which of the following circumstances qualifies the crime of evasion of service of sentence?
a. By means of unlawful entry by breaking doors, windows, gates, walls, roofs or floors.
b. By using picklocks, false keys, disguise, deceit, violence or intimidation.
c. Through connivance with other convicts or employees of the penal institution.
165. Mr. Bandido was convicted for a crime of robbery before serving his sentence or while serving the same he
committed a crime of murder. What condition is said to have occurred?
a. recidivism - same title of the code – persons – rape; murder – robbery; theft ;
b. reiteracion – penalties – Forcible abduction – RT ; Homicide RT - - FA RT – murder RP
c. quasi-recidivism – convicted – before – while serving – crime
1 RPC or SPL – 2. RPC
d. habitual delinquency – criminal – within a period of 10 years – S, LSPi, robbery, theft, estafa, falsification
-3 beses o higit pa
166. It is committed 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. It is likewise committed by falsification through erasing, substituting,
counterfeiting, or altering by any means, the figures, letters, words or signs contained therein (Art. 169)
a. Falsification of public document
b. Forgery
c. Falsification
d. Fasification by public officer, employee or notary or ecclesiastical minister
167. This crime is committed by any person without any distinction, by falsely representing himself as an officer
and performing under pretense of official position any act pertaining to such person.
a. usurpation of authority
b. estafa
c. usurpation of official functions
d. a & c
168. Consists of acts which are offensive to decency and good customs, which having been committed publicly,
have given rise to public scandal to persons who have witnessed the same.
a. immoral doctrines
b. obscene publication and exhibition
c. grave scandal
d. Libel
169. Refers to persons having no apparent means of subsistence but has the physical ability to work and neglects
to apply himself or herself to lawful calling.
a. bum
b. vagrant
c. prostitute
d. destitute
RA 10158 – decriminalized
170. It is the improper performance of some acts which should have been lawfully be done.
a. malfeasance - performance of act which should not be done - bribery -
b. misfeasance -knowingly rendering an unjust judgment
c. nonfeasance - dereliction of duty – prevaricacion – negligence or tolerance in the prosecution of offenses
d. dereliction of duty
interlocutory order – appeal
there is still something to be done – not a final determination of the case – petition for bail – denied –
certiorari – grave abuse of discretion
171. It is crime committed by a judge who knowingly issued an unjust order which decides some point or matter
but which however, is not a final decision of the matter in issue:
a. Knowingly rendering unjust judgment
b. Judgment rendered through negligence
c. Unjust interlocutory order
d. Malicious delay in the administration of justice
172. This one is committed by public officers or employees who, in dereliction of the duties of his office, shall
maliciously refrain from instituting prosecution for the punishment of violators of law, or shall tolerate the
commission of offenses.
a. Direct bribery
b. Indirect bribery
c. Qualified bribery
d. Prevaricacion or negligence or tolerance in prosecution of offenses
173. What crime is committed by any public officer or employee who shall agree to perform an act constituting a
crime, in connection with the performance of his official duties, in consideration of any offer, promise, gift or
present received by such officer, personally or through the mediation of another.
a. Direct bribery
b. Qualified bribery
c. Indirect bribery
d. Prevarication or negligence or tolerance in prosecution
174. Any public officer who is entrusted with law enforcement who refrains from arresting or prosecuting an
offender who has committed a crime punishable by reclusion perpetua and/or death in consideration of any offer,
promise, gift or present.
a. bribery
b. direct bribery
c. qualified bribery
d. indirect bribery
175. This is committed by an accountable public officer who, shall appropriate, or shall misappropriate or shall
consent, or through abandonment or negligence shall permit another person to take public funds or property.
a. Direct bribery
b. Technical malversation
c. Malversation of public funds
d. Embezzlement
176. The following are crimes classified under infidelity or public officers:
a. Infidelity in the custody of the prisoners –
Connivance or consenting to evasion
b. Infidelity in the custody of documents

c. Revelation of secrets
d. all of these
177. This is committed by any public officer or employee who shall overdo himself in the correction or handling of
a prisoner or detention prisoner under his charge by the imposition of punishment not authorized by the regulations
or inflicting punishment in a cruel or humiliating manner.
a. Police brutality
b. Sadism
c. Maltreatment of prisoners
d. Physical injuries
178. This is committed by any public officer who shall solicit or make immoral advances to a woman under his
custody or to other women like the wife, daughter, sister or relative within the same degree by affinity of any
person in the custody of a warden or officer.
a. Sexual harassment
b. Abuses against chastity - mere solicitation-
c. Acts of Lasciviousness – libog – lewdness
d. Abuse of authority
179. Husband punched and kicked his pregnant wife causing the death of their unborn child is guilty of:
a. parricide
b. abortion
c. intentional abortion
d. unintentional abortion
180. A formal and regular combat previously concerted between two parties in the presence of two or more seconds
of lawful age on each side, who make the selection of arms and fix all other conditions.
a. riot
b. duel
c. tumultuous affray
d. mutilation
181. It is the lopping or clipping off some part of the body, e.g. a woman cutting the penis of a male lover to
deprive of the latter of its use.
a. physical injury
b. duel
c. tumultuous affray
d. mutilation
182. What crime is committed by a person who assaulted another, causing the latter to be absent from work for
two weeks?
a. mutilation
b. serious physical injury
c. less serious physical injury -10 days or more
d. slight physical injury
183. Committed by a man having a carnal knowledge with a child less than 12 years old.
a. statutory rape – less than 7 – qualified rape
b. acts of lasciviousness
c. seduction
d. abduction
184. A private individual who detains another for the purpose of depriving the latter of his liberty for more than
three days is guilty of:
a. illegal detention
b. arbitrary detention
c. serious illegal detention – more than 3 days
less than 3 – sil- minor -woman -public officer-simulation of public authority – sinaktan mo – threatened
papatayin – slight
d. slight illegal detention
185. Refers to a crime committed by any person who threatens another with the infliction upon the person, honor
or property of the latter or of his family of any wrong amounting to a crime.
a. grave threats
b. light threats
c. grave coercion
d. light coercion
186. When a threat to commit a wrong not constituting a crime is made by another, what crime is committed?
a. grave threat
b. light threat
c. grave coercion
d. light coercion -
187. Any person who by means of violence shall seize anything belonging to his debtor for the purpose of applying
the same to the payment of a debt, is committing.
a. grave threats b. light threats
c. light coercion d. grave coercion
188. It is a felony wherein a person compels another by means of force, violence or intimidation to do something
against his will, whether right or wrong.
a. grave threat
b. light threat
c. grave coercion
d. light coercion
189. It includes human conduct, which although not productive of some physical or material harm would annoy
any innocent person
a. light threat
b. light coercion
c. unjust vexation
d. grave coercion
190. It is the taking of personal belonging to another, with intent to gain by means of violence against, or
intimidations upon things of any person, or using force upon anything.
a. robbery
b. theft
c. brigandage
d. estafa
191. A crime committed by more than three armed malefactors who form a band for the purpose of committing
robbery in the highway or kidnapping persons for the purpose of extortion or to obtain ransom, or for any other
purpose to be attained by means of force & violence.
a. Robbery
b. kidnapping
c. brigandage – highway robbery – brigands
d. theft
192. Committed by any person who with intent to gain but without violence or intimidation of persons nor force
upon things shall take personal property of another without latter’s consent.
a. robbery
b. kidnapping
c. brigandage
d. theft- Nakita mo lang ang property sa daan – office of the Mayor – civil code – theft – 6 months- Tulfo –
no – there is no criminal intent
193. A housemaid who was caught in the act of carting away the furniture of her employer would be charged of
what crime?
a. theft
b. robbery
c. qualified theft
d. estafa – deceit – fraud – damage – victim
194. Altering the place of a mojon in the lot to ensure that the property would be large when surveyed is a crime
of:
a. estafa
b. chattel mortgage
c. usurpation
d. altering boundaries or landmarks
195. It is the willful damaging of another’s property for the sake of causing damage due to hate, revenge or other
evil motive.
a. swindling
b. destruction of property
d. chattel mortgage
196. What crime was committed by a married woman having carnal knowledge with a man not her husband?
a. adultery - married – sexual intercourse-
b. concubinage – 3 instances 1. Nanirahan yung kabet -2. Sex – under scandalous circumstances – 3.
Cohabit as husband and wife
c. acts of lasciviousness - lewdness – libog – absent libog – unjust vexation -
d. seduction – over 12 under 18 – fraud - sex
197. A married man who allows his paramour to live in their conjugal dwelling is liable of what crime?
a. adultery
b. concubinage – kabet – destierro
25 to 250 km radius – 6 mos and 1 day to 6 years – correctional penalty –
Evasion of service of sentence
c. acts of lasciviousness
d. seduction
198. Lewd acts committed upon person of either sex not amounting to rape by using force or intimidation.
a. adultery
b. concubinage
c. acts of lasciviousness
d. seduction
199. A person who ripped the dress of a woman and placed his penis over the woman’s genital organ is liable for
what crime?
a. rape - frustrated rape – exception 1927 – SC – People vs Erinia – Justice Malcolm – I dissent –
attempted - consummated
b. seduction
c. forcible seduction - qualified seduction – moral ascendancy
d. acts of lasciviousness
200. Pedro was able to have carnal knowledge with his girlfriend by promising the latter with marriage, what crime
was committed?
a. seduction
b. acts of lasciviousness
c. abduction
d. none of the foregoing
201. Which of the following crimes does not operate as an absolutory cause which could serve as an exemption
against members of the family from criminal ability in crimes against properties?
a. Robbery
b. theft
d. estafa
Abosolutory cause – no criminal liability – civil liability
r-t-mc; Baste at Paolo – brothers – living together under 1 roof – 10K- paolo- theft – no -
202. It is defined as a method fixed for the apprehension and prosecution of person alleged to have committed a
crime.
a. Criminal procedure – SC- remedial in nature – substantive - Congress
b. Criminal jurisprudence - jurisprudence -SC decided cases
c. rules of court
d. rules of procedure
203. It refers to the authority or power to hear and decide cases.
a. Jurisdiction
b. Jurisprudence
c. Venue – geographical – venue is jurisdictional
d. Territory
204. Is that branch of municipal or public law which defines crimes, treats of their nature and provides for their
punishment?
a. civil law
b. procedural law
c. criminal law
d. substantive law
205. The following are sources of criminal law, EXCEPT:
a. Act 3815 - RPC - felony
b. City and municipal ordinance - infractions
c. Special penal laws - offense
d. Constitution – 1987 – fundamental law of the land – Supreme – doctrine of constitutional supremacy -
SC- illegal -unconstitutional
206. The Revised Penal Code serves as the primary source of criminal laws in the Philippines. It took effect on?
a. January 1, 1923
b. January 1, 1932 - effectivity
c. December 8, 1930 – approval
d. January 1, 1933
When does a law take effect?
After 15 days – completion of publication – ignorance of the law excuses no one from compliance therewith – art. 3
ncc- newspaper of general circulation in the Philippines – official gazette- GR
EXCEPTION: when the law otherwise provides – Art. 2 NCC
207. The following are characteristics of classical theory of criminal law, EXCEPT:
a. the basis of criminal liability is human free will and the purpose of the penalty is retribution.
b. Man is essentially a moral creature with an absolutely free will to choose between good and evil, thereby
placing more stress upon the effect or result of the felonious act than the man.
c. there is scant regard to the human element.Classical -Juristic Theory
d. That man is subdued occasionally by strange and morbid phenomenon which constrains him to do wrong,
in spite of or contrary to his violation.- Positivist – Realistic
208. Basically, there are three fundamental characteristics of criminal law. What characteristics of criminal law
which states that criminal law is binding on all persons who live or sojourn in the Philippines?
a. Generality – Exterritoriality – exception regardless of race, sex, nationality -Art. 14 -NCC
Exceptions : Treaty Stipulations – RP-US Visiting Forces – Balikatan Exercises – Pemberton – murder –
yes – yes – GR
National Security – US Law – US law
Crime – Military Jurisdiction – US –
R.A. 75 – Law of preferential application
Diplomat – domestic servants – arrest – search – Diplomatic Representatives – Ambassador- minister
plenipotentiary – charges d ‘affaires- head of State – Diplomatic immunity- Exempt
Not absolute – crime is in relation to the performance of duty –
BBM ambassador – rape Filipino child – none – Criminally liable – persona non grata
CONSUL – NO – commercial or business –
NOT ABSOLUTE – TREATY –
China -treaty – consul – exempt – immunity
b. Territoriality
c. Prospective – pasulong na – no retroactive application -GR
d. Exception – favorable to the accused – retroactively – ex post facto law
Exception to the exception -GR-
Habitual criminal – habitual delinquent -within a period of 10 years – release or last conviction – SPI,
LSPi, robbery. Theft, estafaa, falsification, -3 beses o higit
-when the new law is expressly made inapplicable to pending action or existing causes of action
e. Retroactive
209. Mr. A committed loitering within the vicinity of Isetan Recto on January 12, 2009. June 12, 2009, a city
ordinance was passed punishing loitering within the vicinity of Isetan Recto. Can A be held liable for his act of
loitering?
a. Yes, for there is a law passed punishing it
b. Yes, under the principle of retroactive effect of criminal law
c. No, for the act was done prior to the effectivity of the law
d. No, for a did not loiter again
210. Under what characteristics of criminal law, the above circumstance falls?
a. Generality
b. Territoriality -Intraterritoriality- basis – Art. 2, RPC – Philippine territory – GR – Art. 2 – pars. 1-5
1. Phil. Ship or airship – international waters – open seas - high seas
Outside 200 nm – EEZ- n-e-w-s-ss
Crime- phil. Law – extraterritoriality
Forge – counterfeit – abroad
Introduce – abroad
Public officer – employee – in the performance of function –
Bbm – staff phil embassy u.s. – ofw – 10k dollars – bribery – US-
Natonal security and the law of nations – outside - abroad – treason – ctt- ptt- e-vn-cthc-ftec-p-m
Us embassy – Roxas Blvd. – extension of territory –

Phil embassy – seoul –
WAR SHIP – US warship – subic – us law –
War ship – Japan -Pcl- extension of territory
c. Prospectivity - basis – Art. 22, rpc

d. Retroactive
211. What legal maxims support the above scenario?
a. Pro reo Principle
b. Nullum crimen nulla poena sine lege
c. Actus non facit reum, nisi mens sit rea
d. Actus me invitusfactus non
212. Which of the following legal maxim means “the act cannot be criminal unless the mind is criminal?
a. Pro reo - lenient to the offender – strict against the State
b. Nullum crimen nulla poena sine lege
c. Actus non facit reum, nisi mens sit rea
d. Actus me invito factus non est meus actus-exempting – irresistible force -uncontrollable fear
213. A legislative act that inflicts punishment without trial, its essence being the substitution of a legislative fiat for
a judicial determination of guilt.
a. Ex post facto law
b. Bill of attainder- illegal-unconstitutional -due process
c. Retroactive law
d. Prospective
214. The following persons are exempt from criminal liability under the principle of public international law,
EXCEPT:
a. Heads of states
b. ambassador
c. ministers of plenipotentiary
d. charges d affaires
e. None of the choices
Immunity – members of Congress – speech – debate -
215. Crimes committed within the territorial water of another country can either be triable in that country or in the
country where the vessel is registered. What rule provides that a crime committed on board vessel shall be NOT
be tried in the court of the country having territorial jurisdiction, unless their commission affects the peace and
security of the territory or the safety of the state is endangered?
a. French Rule
b. American Rule
c. Spanish Rule
d. English Rule
216. Any bodily movement tending to produce some effect in the external world.
a. act
b. Omission- failure to perform an act
c. Dolo – deliberate – intentional –
Freedom – voluntary – outside force
Intelligence – absence-
Intent – exempt
Muder, robbery, rape
d. Culpa –
Freedom
Intelligence
No intent – imprudence, negligence, lack of foresight or lack of skill
Reckless imprudence
217. Things which are wrongful in their nature.
a. evil
b. mala in ce
c. mala in se
d. mala prohibita
218. The moving power which impels one to action for a definite result.
a. intent
b. motive
c. deceit
d. fault
219. The following are crimes committed by mistakes which do not operate as an Exemption/justification, EXCEPT:
Art. 4 par. 1, RPC
a. Aberratio Ictus – mistake in the blow – liable –
Art. 48 – RPC – complex crime –
2 krimen – penalty – most serious crime – maximum period
Sara – Bong Go – BBM – mistake in the blow
BG- Attempted homicide - 2 degrees lower - PC
BBM- homicide – RT - penalty – most serious crime – maximum period – RT MAX.
b. Error in Personae - mistake in identity of the victim – liable – ART. 49

CRIME INTENDED TO BE COMMITTED – MAXIMUM PERIOD
Sandro – Digong – baril – BBM
bbm– parricide
digong – attempted homicide- PC
PARRICIDE – PC – parricide by mistake
c. Praeter Intentionem - the result is greater than intended - liable – mitigating – reduce- minimum period
d. Mistake of facts- exempt- US VS. AH CHONG
220. The following are elements of impossible crime, EXCEPT:
a. That the act performed would be an offense against persons or property.
b. That the act was done with evil intent
c. That its accomplishment is inherently impossible, or that the means employed is either inadequate or
ineffectual.
d. That the act does not constitute a crime of negligence or imprudence.- THE ACT DOES NOT CONSTITUTE
A VIOLATION OF ANOTHER PROVISION OF THE RPC
221. X tried to kill Y by putting in his food a substance which he thought was arsenic (poison) when in fact it was
just a sugar. Y was not killed as a consequence. What did X commit?
a. Mistake in the blow
b. No crime committed
c. Praeter intentionem
d. impossible crime
222. This takes place when the offender commences the commission of a felony by overt acts, and does not
perform all the acts of execution which should produce the felony by reason of some cause or accident other than
his own spontaneous desistance.
a. Consummated
b. Frustrated
c. Attempted
d. Impossible crime
223. A with intent to kill, fired a gun towards B, hitting B at his shoulder. B was able to run away and survived the
injury, what crime is committed by A?
a. Physical Injury
b. Frustrated Homicide
c. Attempted Homicide - not mortal would
d. Less serious physical injury
Mortal wound – no intent to kill - spi
224. The following are the elements of frustrated felonies, EXCEPT:
a. The offender performs all the acts of execution
b. All the acts performed would produce the felony as a consequence but the felony is not produced.
c. By reason of causes independent of the will of the perpetrator.
d. Due to some cause or accident other than his own spontaneosus desistance
225. A, B and C and five unarmed men conspired to rob the Banco de Oro. While having their meeting at their
safe-house, a group of PNP personnel arrested them. What crime was committed by A, B, and C?
a. Illegal Assembly
b. Conspiracy to commit robbery
c. Attempted Robbery
d. No crime -
226. Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their
periods are:
a. light -AM
b. correctional - PC- AM -S-D
c. afflictive - PM- RT - RP
d. reflective
227. In case of crimes which are later subject of special penal laws, what rule of interpretation shall be applied?
a. The RPC shall be observed
b. The RPC shall prevail over special laws.
c. The RPC will be supplementary to special law
d. The Special Law shall be supplementary to the RPC
228. Acts of a person which are said to be in accordance with the law, so that such person is deemed not to have
transgressed the law and is free from both criminal and civil liability.
a. justifying circumstances- NO CRIM-NO CIVIL
EXCEPTION; PAR. 4, Art. 11 – State of Necessity – No criminal – there is civil liability
b. mitigating circumstances – liable – minimum
c. exempting circumstances - no criminal – there is civil liability
d. Exception- Art. 12 par. 4 – Accident – there is no criminal – no civil liability
e. aggravating circumstance- maximum

229. The following are the requisites of self-defense, EXCEPT
a. Unlawful aggression.
b. Reasonable necessity of the means employed to prevent or repel it.
c. Lack of sufficient provocation on the part of the person defending himself.
d. Lack of intent on the part of the person defending himself.
230. The following circumstances exempt a person from criminal liability though there is civil liability considering
that there is crime committed, EXCEPT:
a. Minority
b. Accident
c. Imbecility/Insanity
d. Acting under compulsion of an irresistible force
e. Acting under the impulse of an uncontrollable fear of an equal or greater injury.
231. The following are exempted from criminal liability, EXCEPT:
a. Children 15 years of age below – RA 9344
b. Children over 15 but under 18 who acted without discernment
c. Insane person or an imbecile person - intelligence
d. Children over 15 but under 18 who acted with discernment.- minority – privileged mitigating circumstance
– 1 or 2 degrees lower
232. Which of the following operates as an absolutory cause?
a. Spontaneous desistance
b. Accessories who are exempt from criminal liability by reason of relationship – AR. 20
c. Legal spouse or parent who inflicts slight physical injuries under exceptional circumstances –
ART 247 – DEATH OR P.I. UEC- SERIOUS-
DESTIERRO – EVASION OF SERVICE SENTENCE
SPOUSES- MARRIED –
PARENTS – DAUGHTER UNDER 18 YEARS
LESS SERIOUS – SLIGHT – ABSOLUTORY – EXEMPT -

d. Persons exempt from criminal liability for theft swindling and malicious mischief by relationship to the
offended party
e. All of the choices
233. An aggravating circumstance which generally applies to all crimes such as dwelling, nighttime or recidivism.
a. generic
b. specific – APPLIES TO CERTAIN CRIMES – IGNOMINY – MORAL PAIN – CHASTITY –
TREACHERY - PERSONS
c. qualifying - IT CHANGES THE NATURE OF THE CRIME – INCREASES THE PENALTY TO A HIGHER
DEGREE
EP – HOMICIDE RT – MURDER RP
d. Inherent – no effect – kasama sa pagcommit – dwelling- robbery
234. Is an act of sovereign power granting a general pardon for past offense and is rarely exercised in favor of a
single individual and is usually granted to certain classes of persons usually political offenders, who are subject to
trial but not yet convicted.
a. Pardon – conviction – final judgment -any crime – individual - Secretary of ND – elections -
comelec
b. Commutation - reduce – mababawasan – partial extinctions
c. Parole – at least minimum
d. Amnesty- concurrence of majority vote of all members of Congress- voting separately – 50% plus = 300
150 plus 1 151
24 _- 12 plus 1 +13Senate and House of RepresentaTHIEVES
Pending – political crimes – class of offenders – grupo - MAGDALO
235. How do you call an offender who within a period of ten (10) years from the date of his release or last
conviction of the crimes of Serious Physical Injuries, robbery (robo), Theft (hurto), Estafa or falsification is found
guilty of any of the said crimes a third time or offener?
a. Recidivist
b. Quasi recidivist
c. Reiteration
d. habitual delinquent
236. Refers to persons who take direct part in the execution of a crime.
a. principal by direct participation
b. principal by indispensable cooperation
c. principal by induction - inducement
d. instigators
237. A person who directly induces others to commit a crime is regarded as:
a. principal by direct participation
b. principal by indispensable cooperation
c. principal by induction
d. instigators
238. Personal liability to be suffered by the convict who has no property to meet the fine.
a. subsidiary penalty - imprisonment – fine – 5370 – 537.00 per day=10 days
b. suspension
c. penalty
d. civil interdiction – accessory penalty – RT -RP- DEATH NOT EXECUTE –
PARENTAL OR GURADIANSHIP – MARITAL – MANAGE PROPERTY- DISPOSE-
239. In cases where in the commission of an offense is necessary in the commission of another it is said the crime
is:
a. formal crime - consummated in one instant – physical injuries, defamation, adultery
material crime – 3 stages of execution – a-f-c
murder
b. informal crime
c. compound crime - single – 2 or more grave less grave felonies
d. complex crime proper
240. An entire penalty enumerated in the graduated scale of penalties.
a. degree - min-med-max
b. period – min, med, max
RPC – divisible penalties – divide RT,PM,PC,AM,AM
PEOPLE VS LUCAS – RP – INDIVISIBLE PENALTY 20 y and 1 d to 40
c. prescription
d. duration
241. The crime of libel and other similar offenses shall prescribe in how many years?
a. 15 years - PM
b. 1year
c. 10 years - PC, S, D, -EXCEPTION – ARRESTO MAYOR – 5 YEARS
d. 5 years - AMAYOR
242. Those crimes punishable by death, reclusion perpetua and reclusion temporal shall prescribe in:
a. 20 years
b. 15 years
c. 10 years
d. 5 years
243. Those punishable by correctional penalties shall prescribe in how many years?
a. 20 years
b. 15 years
c. 10 years
d. 5 years - AM
244. Light offenses prescribe in:
a. 12 months
b. 6 months
c. 4 months
d. 2 months –
GRAVE ORAL DEFAMATION – 6 MONTHS
SLIGHT ORAL DEFAMATION -2 MONTHS
245. A and B had a quarrel. A boxed B. A told B, “I will kill you this week”. A bought a firearm. On Friday, he
waited for B and shot him but killed C instead. In so far as B is concerned, the crime committed by A is:
a. Attempted murder - EP
b. frustrated murder
c. illegal discharge of firearm
d. all of these
246. In so far as C is concerned, the crime committed is:
a. frustrated homicide
b. murder
c. homicide
d. none of the above
247. Those who, not being principals, cooperate in the execution of the offense by previous or simultaneous acts.
a. Accomplices
b. Suspects
c. principal actors
d. accessories
248. A kind of executive clemency whereby the execution of penalty is suspended.
a. Pardon
b. commutation
c. amnesty
d. reprieve
249. Infractions of mere rules of convenience designed to secure a more orderly regulation of the affairs of the
society.
a.mala prohibita
b.mala in se
c.private crimes
d. public crimes
250. Whenever more than 3 armed malefactors shall have acted together in the commission of a crime.
a.gang
b.conspiracy
c.band
d.piracy
251. Ways and means are employed for the purpose of trapping and capturing the law breaker in the execution of
his criminal plan.
a.Misfeasance
b.entrapment
c.inducement
d.instigation
252. The following are exempted from criminal liability, EXCEPT:
a. Children 15 years of age below
b. Insane persons or Imbecile persons
c. Children over 15 but under 18 who acted with discernment
d. Children over 15 but under 18 who acted without discernment
253. When a public officer convinces a person to commit a felony and would arrest him or her after its commission
he is committing.
a. Instigation- NOT LIABLE
b. entrapment
c. conspiracy
d. proposals
254. It operates to reduce the penalty by one to two DEGREES depending upon what the law provides and cannot
be offset by any aggravating circumstances.
a. Mitigating Circumstances
b. Exempting circumstances
c. Ordinary Mitigating Circumstances
d. Privileged Mitigating circumstances – minority
Incomplete justifying circumstances
Incomplete exempting circumstances
255. The following are Justifying Circumstances, EXCEPT?
a. Obedience to a lawful order
b. Lawful Exercise of Rights or office or performance of duty
c. A person who acts under compulsion of an irresistible force – exempting -
d. Avoidance of greater evil or injury- STATE OF NECESSITY
256. The following felonies cannot be prosecuted de officio without a complaint first filed by the offended party,
EXCEPT:
a. Seduction
b. Rape
c. Abduction
d. Acts of Lasciviousness
257. What crime is committed if the unlawful taking of personal property belonging to another is committed with
grave abuse of confidence?
a. Robbery
b. Qualified Theft
c. Theft
d. Burglary
258. What crime is committed if a person commits a crime of murder with the use of unlicensed firearm?
a. Murder- aggravating
b. Illegal Possession of firearm
c. Qualified Illegal possession of firearm
d. Murder with illegal possession of firearm
259. A public officer who without legal ground shall prohibit or interrupt the holding of a peaceful meeting or
dissolved the same is liable for:
a. Prohibition of a peaceful meeting
b. dissolution of peaceful meeting
c. Interruption of peaceful meeting
d. all of the choices.
260. If a private person removes a person confined in jail or penal institution or helps in the escape of such person
by means of violence, intimidation, bribery or any other means, the crime committed is:
a. Evasion of service of sentence
b. Infidelity in the custody of prisoner
c. Delivery of prisoner from jail
d. corruption of public official
261. Refers to the gathering, transmitting or losing information relative to national defense with intent to be used
to the injury of the Republic of the Philippines.
a. treason
b. conspiracy to commit treason - mere conspiracy
c. espionage
d. misprision of treason – governor, fiscal, mayor
filipino – not alien
priest-penitent privilege
no – exempting - lawful or insuperable cause
262. To avoid being charged with delay in the delivery of persons to proper judicial authorities, a person caught in
the act of committing a felony punishable by penalties which are correctional in nature must be delivered to said
authorities within how many hours?
a. 12 -light
b. 36-afflictive
c. 18
d. 48
263. The petition for suspension of the criminal action based upon the pendency of prejudicial question in a civil
action may be filed with the following, EXCEPT one:
a. The court where the civil action is pending-
b. The court where the criminal action is pending- yes
c. Office of the prosecutor – yes – p.i.
d. None of these
file – where criminal case is pending
264. The following may be submitted by the respondent in a preliminary investigation, EXCEPT:
a. Counter-affidavit -YES
b. Motion to dismiss – COUNTER-CITES
c. Witness’ affidavit - YES
d. supporting documents -YES
265. The following officers are authorized to conduct preliminary investigation on cases falling within their
jurisdiction, EXCEPT:
a. Provincial prosecutor
b. City prosecutor
c. Special prosecutor of the Ombudsman
d. Judges of Municipal Trial Court
266. Manuel notices his cell phone in the possession of Ruben which was snatched from him three days ago. He
confronted the latter and force to get back said cell phone against his will. For what crime or crimes may Manuel
be liable for, if he will go to force to get back the same?
a. Coercion
b. Robbery
c. Threats
d. Theft
267. Bail is a matter of right even in the case of capital offense and the evidence of guilt is strong.
a. Absolutely true
b. Absolutely false
c. Partly true
d. Partly false
268. It is a mock serenade of discordant noises made with kettles, horns, etc, designed to annoy:
a. Charivari
b. Grave scandal
c. Alarm and Scandal
d. Harana
269. The application for search warrant may be filed with the following, EXCEPT:
a. Any court within whose territorial jurisdiction a crime was committed.
b. Any court within the judicial region where the crime was committed
c. Any Regional Trial Court in the Philippines
d. Any Court within judicial region where the warrant shall be enforced
EJ RTC MANILA EJRTC – QC
ALLOWED – ISSUE – ANYWHERE IN THE PHILIPPINES – NOT ALLOWED
RULES ON THE USE OF BODY-WORN CAMERAS – EJ OR VEJ – JUDICIAL REGION
NBI, PNP, ACTF, BC – HEAD OF AGENCY
A.M. NO. 21-06-08-SC

WARRANT OF ARREST –
30 DAYS
BACK UP – WITH LEAVE OF COURT – 15 DAYS
270. An appeal made to the RTC from decisions of the first level court shall be by:
a. Notice of appeal notice of appeal - mtc-after 15 rtc
b. Petition for review – DOJ – 15 DAYS
c. Petition for review on certiorari- SC -RULE 45
d. Petition for certiorari – rule 65 – grave abuse of discretion amounting to lack or excess of jurisdiction –
60 days
271. Mr. Tsu a Chinese Businessman paid the Warden for the escape of his brother Chan. The Warden ordered his
jail guard to leave the door unlocked so as to facilitate the escape of Mr. Chan. The guard leaves the door unlocked
and tells Mr. Chan to escape at mid-night. What crime was committed by the Warden?
b. Direct Bribery
c. Delivery of prisoner from jail
d. corruption of public official
272. A public officer or a warden who solicits or makes immoral or indecent advances to a woman who is under
his custody or wife or daughter of the person under his custody shall be liable for:
a. Acts of lasciviousness
b. Abuses against Chastity
c. Indirect Bribery
d. infidelity in the custody of prisoners
273. Relevancy is one of the requisites for admissibility of evidence which means that evidence must have such
relation to the fact in issue as to induce belief in its existence or non-existence. The other requisite is
____________?
a. That is should not be excluded for by law.
b. That it is material to the facts in issue
c. That it is credible
d. That it is the best evidence
Relevant – connection –
Competent – not excluded by the constitution, law, rules of court
DOCTRINE OF THE FRUIT OF THE POISONOUS – ILLEGALLY OBTAINED EVIDENCE IS INADMISSIBLE –
DRAWER –
OPPOSITE – SILVER PLATTER RULE - ILLEGALLY OBTAINED EVIDENCE IS ADMISSIBLE – NOT
FOLLOWED
CHAT – PRIVACY ON COMMUNICATION -CONSTITUTION
RA 4200- ANTI WIRETAPPING LAW –
OBJECT - INADMISSIBLE
274. Any evidence which is obtained in violation of any rights of a person will not be admissible in court. This is
anchored on what requisites of admissibility?
a. materiality
b. competency
c. relevancy
d. credibility
275. The provisional dismissal of offenses punishable by imprisonment of more than 6 years shall become
permanent ________ after issuance of the order without the case having been revived.
a. One year
b. six months
c. Two years
d. three years
276. Sworn statement, subscribed by Offended party, any peace officer of public officer in charge of enforcement
of the law violated filed either to the court or to the office of the prosecutor.
a. Complaint- MTC. MTCC, MCTC-P.I.
b. Information
c. Pleadings
d. Affidavit
b. Upon filing of cases in court
c. Upon escape of the accused
278. It is a type of a question that can be allowed in all stages of examination of a child, if the same will further
the interest of justice.
a. leading questions
b. misleading
c. relevant
d. narrative
279. Court shall take judicial notice, without the introduction of evidence of the following, EXCEPT:
a. Matters of Public Knowledge- DISCRETIONARY JUDICIAL NOTICE
b. The measure of time
c. Law of nations
d. Law of nature -MANDATORY JUDICIAL NOTICE
280. Court may take judicial notice of the following in exercise of its discretion, EXCEPT.
a. The geographical divisions – MANDATORY JUDICIAL NOTICE
b. Matters which are of public knowledge;- pgh – taft
c. Matters capable of unquestionable demonstration; or – SCIENTIFIC STUDIES, RESEARCHES
d. Matter ought to be known to judges because of their judicial functions.-discretionary judicial notice -
281. Matters of judicial notice have three material requisites. These requisites are:
a. The matter must be one of common and general knowledge.
b. It must be well and authoritatively settled and not doubtful or uncertain
c. It must be known to be within the limits of the jurisdiction of the court.
282. Self-incriminatory statement falling short of an acknowledgement of guilt made by a party in the course of
the proceeding in the same case which does not require proof.
a. Admission
b. self-serving statement
c. declaration against interest
d. confession – EXTRAJUDICIAL -OUT OF COURT – VOID – ASSISTED BY COUNSEL
INTERVIEW TV PATROL – YES
LAW ENFORCERS – INADMISSIBLE
283. When the subject of inquiry is the contents of a document no evidence shall be admissible other than the
original documents itself. This refers to the _____.
a. Original Document Rule - BEST EVIDENCE RULE
b. Secondary Evidence Rule - PHOTOCOPIES
c. Parol Evidence Rule - CONTRACTS -ORAL
d. Best Evidence
284. When the terms of an agreement have been reduced to writing, it is considered as containing all the terms
agreed upon and there can be, as between the parties and their successors in interest, no evidence of such terms
other than the contents of the agreement.
a. Parol evidence Rule
b. Parol evidence
c. Best Evidence Rule
d. Secondary Evidence
285. As a rule, all persons who can perceive and perceiving, can make known of their perception to others can be
witnesses and the following shall not be a ground for disqualification.
a. Religious and political belief- YES
b. Interest in the outcome of the case - YES
c. conviction of a crime unless otherwise provided by law- YES – WITNESS WILL- PERJURY – FALSE
TESMONY - DQ
286. An Act Providing for A Witness Protection, Security and Benefit Program and for other purposes.
a. R.A. 6981
b. R.A. 6646 – ELECTORAL REFORMS LAW OF 1987
c. P.D.749 - CORRUPTION OF PUBLIC OFFICIAL- IMMUNITY
d. R.A. 6770 – OMBUDSMAN ACT OF 1989
287. No person may be compelled to testify against his parents, other direct ascendants, children or other direct
descendants. This is embodied under what principle?
a. Parental and filial privilege.
b. declaration against pedigree
c. declaration against common reputation
d. res inter alios acta rule
PARENTAL PRIVILEGE – PARENTS – DESCENDANTS
FILIAL PRIVILEGE – CHILDREN – PARENTS OR ACENDANTS
288. An offer of compromise is considered not an admission of any liability and is not admissible in evidence against
the offeror in the following cases, EXCEPT.
a. In civil cases – NO
b. Those arising from criminal negligence -NO
c. An offer to pay or the payment of medical, hospital or other expenses occasioned by an injury - NO
d. In criminal cases- YES – IMPLIED ADMISSION OF GUILT – (CRIMINAL NEGLIGENCE)
289. A plea of guilty later withdrawn, or an unaccepted offer of a plea of guilty to a lesser offense is_____?
a. not admissible in evidence against the accused who made the plea of offer.
b. admissible in evidence against the accused who made the plea of offer
c. shall not be considered a plea
d. will be considered a plea of not guilty
290. The rights of a party cannot be prejudiced by an act, declaration, or omission of another, except as provided
by the rules of court.
a. Res inter alios acta rule – THINGS DONE BETWEEN STRANGERS SHOULD NOT PREJUDICE THOSE
WHO ARE PARTIES TO IT
b. admission by co-partner
c. admission by co-conspirator
d. admission by silence of a person for not doing or saying anything when an act or declaration is said
against him in his presence-ADMISSION BY SILENCE
291. Where several extrajudicial confessions had been made by several personS charged with the same offense
and without the possibility of collision among them, the fact that the statements are in all respects identical is
confirmatory of the confessions of the co-defendants and are admissible against the other persons implicated
therein.
a. interlocking confessions
b. res inter alios acta rule
c. admission by privies
d. confession by co-defendant
292. 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 to call for action or comment if not true, and when proper and
possible for him to do so, may be given in evidence against him.
a. admission by silence
b. confession
c. admission by co-conspirator
d. admission by privies
293. Which of the following is the Hearsay evidence rule?
a. That a witness can testify only to those facts which he knows of his personal knowledge; that is which
are derived from his own perception.
b. hearsay evidence is not acceptable as evidence in court
c. Hearsay evidence is evidence given in the authority of another person.
d. hearsay evidence is evidence with respect to facts of which the witness has no personal knowledge
because it is derived from the knowledge or perception of others who are not called to testify
294. The declaration of a dying person, made under the consciousness of an impending death, may be received in
any case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of
such death.
a. Dying declaration
b. res gestae
c. declaration against interest
d. declaration about pedigrees
DYING DECLARATION -MAMAMATAY KA NA -PYRA – JAYSON - PYRA – COURT -ADMISSIBLE - EXCEPTION RULE
NECESSITY –
TRUSTWORTHINESS –
CONVICT – HINDI LAHAT – NAKATALIKOD
RES GESTAE – 1. DYING – NABUHAY

EMOTIONS -
295. Is the duty of the party to present evidence on the facts in issue necessary to establish his claim or defense
by the amount of evidence required by law.
a. burden of evidence
b. burden of proof – ONUS PROBANDI
c. proof of evidence
d. cause of action
296. A Foreign vessel registered in the country of Australia anchored at Manila Bay wherein an Australian national
was caught in possession of Cocaine. What rule provides that a crime committed while on board of the vessel?
a. French rule
b. American Rule
c. Spanish Rule
d. English Rule
297. Shall deprive the offender rights of parental authority or guardianship.
a. subsidiary penalty
b. penalty
c. suspension
d. civil interdiction
298. The following are considered afflictive penalties, except:
a. death by lethal injection - CAPITAL
b. reclusion perpetua
c. reclusion temporal
d. prison mayor
299. A form of evidence supplied by written instruments or derived from conventional symbols, such as letters,
by which ideas are represented on material substances.
a.documentary evidence
b.testimonial evidence
c.material evidence
d.real evidence
300. When the witness states that he did not see or know the occurrence of a fact.
a.positive evidence
b.corroborative evidence
c.secondary evidence
d.negative evidence
301. The law which hears before it condemns, proceeds upon inquiry and renders judgment after a fair trial.
a.ex post facto law
b.equal protection of the law-
c.rule of law
d.due process of law -NOTICE- OPPORTUNITY TO BE HEARD
302. It means that the resulting injury is greater than that which is intended.
a. Aberratio ictus
b. Error in personae
c. Dura Lex Sed lex - THE LAW MAY BE HARSH BUT IT IS THE LAW
d. Praeter Intentionem
303. When the offender enjoys and delights in making his victim suffers slowly and gradually, causing him
unnecessary physical pain in the consummation of the criminal act.
a.Ignominy
b.cruelty
c.treachery
d.masochism
304. One, who at the time of his trial for one crime shall have been previously convicted by final judgment of
another crime embraced in the same title of the Revised Penal Code.
a.Recidivism
b.habitual delinquency – WITHIN 10
c.reiteracion – PENALTIES- HABITUALITY
d.quasi-recidivism -CONVICTE- BEFORE SERVICE – WHILE SERVING- MULTI-RECIDIVIST
305. Alevosia means
a. Craft – FRAUD – INSIDOUS MACHINATION -
b. treachery -
c. evident premeditation -
d. cruelty
306. A stage of execution when all the elements necessary for its execution and accomplishment are present.
a. Attempted
b. Frustrated
c. Consummated
d. Accomplished
307. An act or omission which is the result of a misapprehension of facts that is voluntary but not intentional.
a. Absolutory Cause
b. Mistake of facts
c. Conspiracy
d. Felony
308. It is the means, sanctioned by these rules of ascertaining in a judicial proceeding the truth respecting a
matter of fact?
a. Evidence
b. Facts
c. Proof
d. Burden of proof
309. The rules of evidence shall be _____, except as otherwise provided by law or these rules.
a. the same in all courts and in all trials and hearings
b. not the same in all courts and in all trials and hearings
c. dependent on the type of case involved
d. absolutely the same in all courts and in all trials and hearings
310. Additional evidence of different kind tending to prove the same facts in issue. Evidence which are
supplementary to that already given and tending to strengthen or confirm it.
a. Corroborative
b. Associative
c. Cumulative
d. Credible
311. It is that proof which, if unexplained or uncontradicted, is sufficient to sustain the proposition it supports or
to establish the facts or to counterbalance the presumptions of innocence to warrant a conviction.
a. Prima-facie evidence
b. Preponderance of evidence
c. Rebuttal evidence
d. Sur-rebuttal evidence
312. Evidence that is directly addressed to the senses of the court.
a. Real or Object – PHYSICAL -AUTOPTIC –
SENSES-
b. Testimonial
c. Documentary
d. Direct
313. When the subject of inquiry is the contents of a document no evidence shall be admissible other than the
original documents itself. This refers to the ___.
a. Best Evidence Rule -original document rule
b. Secondary Evidence Rule
c. Parole Evidence Rule
d. Best Evidence
314. It refers to evidence of oral or written statement of a party presented as evidence to modify, explain or add
to the terms of the written agreement.
a. Parol Evidence -oral
b. Secondary Evidence
c. Best Evidence
d. Parol Evidence Rule
315. R.A. 1405 is the law which prohibits the disclosure or examination of bank deposits. As a general rule, bank
deposits are absolutely confidential in nature and may not be examined or inquired or looked into by any person
or government officials, EXCEPT:
a. upon written permission of the depositor
b. in cases of impeachment
c. upon order of competent court in cases of bribery, dereliction of duty of public officials
d. in case where the money deposited or invested is the subject matter of litigation
e. in cases of well explained wealth
316. An offer of compromise is considered not an admission of any liability and is not admissible in evidence against
the offeror on the following case, EXCEPT:
a. In civil cases
b. Those arising from criminal negligence
c. An offer to pay or the payment of medical, hospital or other expenses occasioned by an injury
d. In criminal cases
317. Criminal law is binding on all persons who live or sojourn in Philippine territory regardless of sex, race or
religious affiliation. EXCEPT matters covered by:
a. Treaty Stipulation
b. Public International Law
c. Law of Preferential Application
318. By Principles of Public International law, the following enjoy immunity from the application of the Philippine
Criminal law, EXCEPT:
a. Consul
b. Heads of State
c. Ambassador
d. Charges d’ affaires
319. Is the theory in criminal law in which the basis of criminal liability is human free will, the purpose of punishment
is retribution and is generally exemplified in the Revised Penal Code.
a. Eclectic
b. Classical Theory
c. Positivist Theory
d. Neo-Classical Theory
320. The Rule applies on registered vessel on foreign territorial jurisdiction which generally follows the Nationality
Principle and not the Domiciliary Principle except when the crime committed on board vessels affects the national
security of the Country where such vessel is located.
a. French Rule
b. English Rule
c. Spanish Rule
d. Greek Rule
321. A legislative act that inflicts punishment without trial, its essence being the substitution of legislative fiat for
a judicial determination of guilt.
a. Ex post facto law
b. Retroactivity
c. Bill of attainder
d. Prospective
322. Which of the following is NOT an element of the Crime of Dolo or Deceit?
a. Intent
b. Freedom
c. Intelligence
d. Negligence
323. It is the moving power or which impels a person to act and not an essential element of a crime but would
tend to establish the identity of the perpetrator.
a. Intent
b. Motive
c. Negligence
d. Ignorance
324. Refers to crimes consummated in one instant or by a single act.
a.formal crimes
b.formal felonies
c.informal crimes
d.material crimes
325. A deduction of one-fifth of the period of his sentence shall be granted to any prisoner who, having evaded
the service of his sentence during calamity, gives himself up to the authorities within 48 hours following the
issuance of a proclamation announcing the passing away of the calamity.
a. Good Conduct Time Allowance
b. Special Time Allowance for Loyalty
c. Executive Clemency
d. Indeterminate Sentence
326. Known as the “Indeterminate Sentence Law” or the Parole Law.
a. Act No. 4103 as amended
b. RA No. 4103 as amended
c. RA No. 4225 as amended
d. PD No. 968 as amended
327. What is the penalty of impossible crime? (Art. 59)
a. Arresto Menor
b. Arresto Mayor or a fine of 200 pesos or both
c. Prision Correctional
d. Prision Mayor
328. It provides that the maximum duration of convict’s sentence shall not be more than 3 times the length of
the most severe of the penalties imposed upon him but in no case to exceed 40 years.
a. Three-fold rule
b. Three-fold liability
c. Four-fold rule
d. Four-fold liability rule
329. In case the offender cannot pay the fine, he shall serve the same in prison and shall be credited ___ for
each day of subsidiary imprisonment.
a. Php 8.00
b. Php 12.00
c. Php 35. 00
d. Highest minimum wage existing in the country
330. If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted
prisoners, the credited preventive imprisonment is
a. Fulltime credit
b. 4/5 credit
c. 2/3 credit
d. 1/5 credits
Non-bailable –
Bailable – bail-
331. Period of detention undergone by an accused where the crime with which he is charged is non‐bailable or,
even if bailable, he is unable to post the requisite bail. (Art. 39)
a. Solitary confinement
b. Preventive imprisonment
c. Inmate incarceration
d. Suppressive Detention
332. A penalty that deprive the offender of his (1) rights of parental authority, or guardianship;(2) Marital authority;
(3) The right to manage his property; and (4) The right to dispose of such property by any act or any conveyance
inter vivos.
a. Absolute disqualification
b. Temporary disqualification
c. Bond to keep the peace
d. Civil interdiction
333. It is a punishment whereby a convict is banished to a certain place and is prohibited from entering or coming
near that place designated in the sentence, not less than 25 kilometers but not to extend beyond 250 kilometers.
a. Transportation
b. Deportation
c. Destierro
d. Extradition
334. Which of the following is NOT a purpose for the imposition of penalty?
a. Retribution or expiation
b. Correction or reformation
c. Social defense
d. Public Retaliation
335. The punishment imposed by lawful authority upon a person who commits a deliberate or negligent act
which is against the law.
a. Penalty
b. Ordeal
c. Fine
d. Imprisonment
336. Those which must be taken into consideration as aggravating or mitigating according to the nature and
effects of the crime and the other conditions attending its commission.
a. Extenuating
b. Mitigating
c. Alternative -relationship – intoxication -degree of instruction or education of the offender
Intoxication – aggravating – habitual – intoxicated is subsequent to the plan to commit a crime
Relationship – older brother – younger brother – spi – lspi – mitigating --- spi – aggravating
Degree of education – lawyer – estafa -falsification -aggravating
No read no write – gr – mitigating
Heinous crime – rape – murder -
d. Aggravating
e. Mutiny
337. Other acts constituting the crime of espionage are punishable under
a. BP No. 616
b. PD No. 616
c. CA No. 616
d. RA No. 616
338. Committed when two countries are at war in which the Philippines is not involved and the offender violates
the regulation issued by the government enforcing neutrality.
a. Inciting to war/ giving motive for reprisal -
b. Violation of neutrality
c. Correspondence with hostile country
War crime- prohibited by the government - not
Carried on in ciphers or conventional signs – decode
Contains information relative to the security of the State
d. Flight to enemy’s country – mere attempt
339. A person who wrote a letter to an official of an enemy country despite government’s prohibition is liable of
this crime.
a. Inciting to war/ giving motive for reprisal
b. Violation of neutrality
c. Correspondence with hostile country
d. Flight to enemy’s country
340. Robbery or depredation in the high seas, without lawful authority and done with animo furandi and in the
spirit and intention of universal hostility. Animo furandi – intention to steal
a. Mutiny – akin to what crime – SEDITION
b. Piracy
c. Sea-jacking
d. Hi-jacking
341. Which of the following is not a form of arbitrary detention?
a. Detaining a person without legal ground -124
b. Delay in the delivery of detained persons to the proper authorities -125
c. Delaying release -126- COLLECTIVELY KNOWN AS ARBITRARY DETENTION
d. Illegal Detention
342. Committed by a public officer who detains a person for some legal ground but fails to deliver such person
to the proper authority within the prescribed time.
b. Delay in the delivery of detained persons to the proper authorities
c. Delaying release
343. A crime committed by a public officer who unduly delays the release of a person in his custody in spite of a
judicial/ executive order to release him.
b. Delay in the delivery of detained persons to the proper authorities
c. Delaying release
344. A public officer who procures a search warrant without just cause is liable of
a. Abuse in the service of search warrantS
b. Warrant maliciously obtained
c. Searching domicile without witnesses-
d. Violation of Domicile
345. An order in writing, issued in the name of the People of the Philippines, signed by a judge and directed to a
peace officer, commanding him to SEARCH for personal property described therein and bring it before the court.
a. Warrant of Arrest
b. Search Warrant
c. Subpoena
d. Summons
346. To be eligible for the grant of conditional pardon, what portion of the sentence must have been served by a
petitioner-prisoner?
a. At least one half of the minimum of his indeterminate sentence
b. At least one half of the maximum of his indeterminate sentence
c. At least one fourth of the maximum of his indeterminate sentence
d. At least one third of the minimum of his indeterminate sentence
347. How penal laws are construed when the law is vague?
a. Liberally in favor of the government
b. Liberally in favor of the offended party
c. Liberally in favor of the accused
d. Liberally in favor of the innocent
348. This rule recognizes that the host country has jurisdiction over crimes committed on board the vessel
unless they involve the internal management of the vessel.
a. American Rule
b. English Rule
c. French Rule
d. Filipino Rule
349. Literally, “friends of the court”. They are experienced and impartial attorneys that may be invited by the
court to appear to give their legal opinion on a particular matter.
a. Champertous contract
b. Amici curiae
c. Amicus curiea
d. Champertuos contract
350. A contract whereby the lawyer agrees to pay the expenses of litigation in return for the agreement of the
client to pay the lawyer a portion of the thing or property that might be won or recovered in the trial or litigation.
This is unethical for the lawyer and hence illegal.
a. Champertous contract
b. Amicus curiae
c. Amicus curiea
d. Champertuos contract
351. The practice of filing multiple suits on different courts based on the same cause of action. This is not allowed
and is a ground for dismissal of the case filed by the guilty party.
a. contempt
b. forum shipping
c. forum shopping
d. direct contempt – DISOBEY – DISTURBANCE –
INDIRECT- MALAYO – HEARING
352. It is a small ceremonial mallet commonly made of hardwood, and a symbol of the authority and right to act
officially in the capacity of a chair or presiding officer.
a. Gavel – SOUND BOARD -SOUND BLOCK
b. Hammer
c. Wood hammer
d. desk
353. The constitution provides for the prescribed dress code of all judges and it is called as.
a. Black robe
b. Black toga
c. Black dress
d. White robe
354. It is the list of cases that are scheduled to be heard on a particular day usually placed or posted outside the
courtroom.
a. Court calendar - DOCKET
b. Supreme Court calendar
c. School calendar
d. Schedule calendar
355. Contempt committed in the presence of or so near a court or judge as to obstruct or interrupt proceedings
before it.
a. contempt
b. direct contempt
c. indirect contempt
d. disobedience
356. Chinky, a Chinese, and Donald, an American, were both boarding a Mexican vessel going to the Philippines.
When the vessel reached Manila Bay, Chinky killed Donald. Which rule will apply to determine whose court has
jurisdiction in this case?
a. American
b. Chinese
c. English
d. Mexican
357. Senators Pacman and Migz would like to enact a law that will protect the welfare of the athletes in the
country. What kind of law is that?
a. Civil
b. Common
c. Criminal
d. Statutory
358. Alden assaulted Joaquin, due to the latter`s weak body, he died on the spot notwithstanding the absence of
criminal intent to kill on the part of Alden. The penalty to be imposed by the court upon Alden will be reduced
due to the presence of which mitigating circumstance?
a. Aberratio Ictus
b. Error in Personae
c. Mens Rea
d. Praeter Intentionem
359. Gen. Borja, a public officer, entered the house of Don Emilio through a wide-open door The latter saw the
former but he disregarded him because Don Emilio is busy watching “Ang Probinsyano”. Is Gen. Borja criminally
liable?
a. He is not criminally liable
b. He is criminally liable for Violation of Domicile due to the absence of consent
c. He is criminally liable for Trespass to Dwelling
d. He is criminally liable for Violation of Domicile even with the owner`s consent
Note: There must be opposition or prohibition to enter (expree/implied). At least pinigilan man lang sana.
360. In the above scenario, Gen. Borja after entering Don Emilio`s house, but without judicial order, searched
papers or other effects found therein. The latter saw the former but he disregarded him again because Don
Emilio is busy watching “Ang Probinsyano”. Is Gen. Borja criminally liable?
b. He is criminally liable for Violation of Domicile due to the absence of consent
c. He is criminally liable for Trespass to Dwelling
d. He is criminally liable for Violation of Domicile even with the owner`s consent
Note: same reason with No. 359
361. Alden – LOLO killed 6 years old illegitimate granddaughter, Yaya Dub-APO. What crime did Alden commit?
a. Homicide
b. Infanticide
c. Murder – Qc – abuse of superior strength
d. Parricide
362. Joaquin and Yaya Dub were lovers. When Yaya Dub decided to break up with Joaquin, he detained her in
his house. Is Joaquin criminally liable?
b. He is criminally liable for Abduction
c. He is criminally liable for Arbitrary Detention
d. He is criminally liable for Illegal Detention-woman- minor-public-sid
363. In the above scenario, if Joaquin is a police officer and he detained her in his station for the same reason. Is
Joaquin criminally liable?
b. He is criminally liable for Abduction
c. He is criminally liable for Arbitrary Detention
d. He is criminally liable for Illegal Detention
364. Yaya Dub altered the figures contained in an instrument payable to order. What crime did Yaya Dub
commit?
a. Estafa
b. Falsification
c. Forgery
d. Perjury- under oath
365. Jason Ivler drove his car in a secondary road with a speed of 60 kilometer per hour (kph), which damaged
the car of spouses Cruz, injured Mrs. Cruz, which required medical attendance for 3 days, and killed Mr. Cruz.
During arraignment, Ivler`s lawyer moved that his client be allowed to make his plea one at a time, starting from
the lightest charge, which the court, after asking the permission of the complainant, granted it. Ivler pleaded guilty
for simple negligence resulting in slight physical injuries, and was immediately convicted. If Ivler would be set for
arraignment for the resulting death of Mr. Cruz, what should Ivler do?
a. He may file an appeal
b. He may file a motion for reconsideration
c. He may file a motion to quash
d. He may file a petition for certiorari
366. In the above scenario, may Ivler be convicted for the resulting death of Mr. Cruz?
a. Yes because he is indeed guilty of it
b. No because that would amount to double jeopardy
c. Yes because he committed complex crime
d. No because that would amount to bill of attainder
367. Alden and Yaya Dub are husband and wife. Yaya Dub had a sexual intercourse with Joaquin in their
conjugal home. Is there a need for the prosecutor to conduct preliminary investigation?
a. Yes because the penalty for Adultery is at least 4 years 2 months and 1 day
b. No because the penalty for Adultery is lower than 4 years 2 months and 1 day
c. Yes because the penalty for Concubinage is at least 4 years 2 months and 1 day
d. No because the penalty for Concubinage is lower than 4 years 2 months and 1 day
368. SPO2 Dalisay arrested Don Emilio for violation of the Comprehensive Dangerous Drugs Act of 2002. SPO2 Dalisay
should inform Don Emilio of what kind of rights?
a. Constitutional
b. Miranda
c. Procedural
d. Statutory
369. Gen. Borja, a public officer, and armed with a search warrant, entered the house of Don Emilio. The search
warrant describes the subject of it as Methamphetamine Hydrochloride. Upon searching Don Emilio`s house, Gen.
Borja found firearms, Gen. Borja asked Don Emilio to show his licenses, but the latter could not provide. May Gen.
Borja seize the unlicensed firearms?
a. Yes because firearms are illegal per se
b. No because firearms are not illegal per se, and Don Emilio may later on secure license
c. Yes because Methamphetamine Hydrochloride is related to the principal accusation of arms smuggling.
d. No because Methamphetamine Hydrochloride is not specifically stated in the search warrant
370. Gen. Borja, a public officer, and armed with a search warrant, entered the house of Don Emilio. The search
warrant describes the subject of it as Heavy Machine Guns. Upon searching Don Emilio`s house, Gen. Borja found
Methamphetamine Hydrochloride, May Gen. Borja seize the Methamphetamine Hydrochloride?
a. Yes because Methamphetamine Hydrochloride is illegal per se, which was searched in plain view
b. No because Methamphetamine Hydrochloride is not illegal per se
c. Yes because Methamphetamine Hydrochloride is related the principal accusation of arms smuggling
d. No because Methamphetamine Hydrochloride is not specifically stated in the search warrant
371. Alden and Yaya Dub are husband and wife. Alden contracted a subsequent marriage with Maria before his former
marriage was legally dissolved. Alden was charged with Bigamy. The lawyer of Yaya Dub showed before the court
a copy of her marriage certificate to prove its existence. Such evidence is considered as…
a. original document
b. Corroborative
c. Documentary -if the purpose is to prove the contents of the document
d. Object
Ex. Tombstone – to prove its existence – Object
To prove what has been written on it - Documentary
372. In the above scenario, if the lawyer of Yaya Dub showed before the court a copy of her marriage certificate to
prove its content that Alden and Yaya Dub were legally married. Such evidence is considered as…
a. Best
b. Corroborative
c. Documentary
d. Object
373. In the same scenario, If Alden filed a petition for declaration of nullity of his previous marriage with Yaya Dub on
the ground that both of them were minors when they got married, Alden should prove his claim through..
a. Clear and convincing evidence
b. Preponderance of evidence
c. Proof beyond reasonable doubt
d. Substantial evidence
374. Don Emilio made an extrajudicial confession for the case Gen. Borja filed against him. Such shall not be sufficient
ground for conviction, unless corroborated by evidence of..
a. Admission by conspirator
b. Corpus Delicti
c. Firearms used
d. Victim`s direct testimony
375. Atty. Nagnonotaryo acknowledged through notarization on Emilio`s last will and testament in favor of his favorite
grandson Joaquin. What class of document is the notarized last will and testament?
a. Commercial
b. Legitimate
c. Private
d. Public
376. 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 intercourse with a woman who is NOT his wife – under scandalous circumstances
c. married and had sexual intercourse with a woman privately at least once somewhere in a motel.
d. married and had sexual intercourse with a woman who is married.
377. What is this evidence which admission is dependent on its being obtained legally?
a. Conclusive
b. Material
c. Competent
d. Relevant
378. A police officer entered the house of another. There is no implied or express prohibition for anyone to enter
without the permission of the owner. The entry of the police officer is without the consent of the owner. May the
police officer be liable if suppose he enters the house?
a. Yes, because the entry is without the consent of the owner
b. No, because he can always ask the consent of the owner once inside the house
c. Yes because the prohibition is not necessary to prohibit the entry
d. No, because there is no express or implied prohibition not to enter
Note: If the entry is only without the consent of the owner, the crime is not committed.
379. A person asked you for advice on how to file a case of concubinage against her husband. Which of the following
is allowed by the Rules in order to initiate the filing 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. The case of concubinage is a public offense, it can be initiated by the police
d. None of these
380. What is the concept in evidence where no other documentary evidence is required by the court to be submitted?
a. Replacement evidence
b. Original evidence
c. Secondary evidence
d. Photocopy evidence
381. Which of the following public officers cannot be liable for the crime of arbitrary detention?
a. Agent of a person in authority
b. Chief Finance Officer of the City
c. A person in authority
d. Jail Officers
382. When the accused interposes self-defense, what is MODIFIED in the court proceedings in so far as the
presentation of the witness?
a. The order of presentation of evidence – REVERSE TRIAL -DEFENSE
b. The burden of proof
c. The presumption of innocence
d. None of these
383. The most reliable form of evidence in the hierarchy of evidence is _____________.
a. Testimonial evidence
b. Real evidence- CREDIBLE
c. Direct evidence
d. Documentary evidence
384. The defense shall offer the testimony of its witness during the time ________________.
a. As ordered by the court to offer the testimony
b. The defense witness is called to testify
c. the exhibits are identified and marked
d. the exhibits are formally offered
385. In all criminal cases, the accused is presumed innocent. Thus, the prosecution has the burden of proof. Between
the accused and the prosecution, who should present the evidence first?
a. The accused
b. The prosecution
c. It is up to the court
d. None of these
386. If ACE is a resident of Valenzuela City but he committed the crime in Manila against JAKE who is a resident of
Caloocan City, the case should be filed in ____________.
a. Caloocan City where JAKE is a resident
b. Manila, where the crime was committed – VENUE IS JURISDICTIONAL
c. Any prosecutor`s office in Metro Manila
d. Valenzuela City where ACE is a resident
387. A person committed the crime of rape as amended, he IS committing a ________________.
a. An act or omission
b. A felony
c. An offense
d. a crime
388. The defense shall offer in evidence its documentary evidence at the time ________________.
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
389. 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 filed IN order to initiate the criminal action?
a. To file the information directly with 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
390. A person is about to commit a crime in your presence. As a police officer, what would BE 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 the 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
391. Which of the following are public documents?
I. The written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals,
and public officers
II. Documents executed by private person and acknowledged before a notary public
III. 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
392. For the attempted stage to exist, one of the requirements is that there must be an “overt act” Overt acts in
attempted stage means _____________.
a. A physical undertaking as can clearly be seen by police officers
b. An outward manifestation that the person is about to commit crime
c. A physical act indicating the intention of the accused to commit a specific crime
d. An obvious physical activity directly observed by the police of any possible crime
393. 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
394. 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
395. Berto with evident premeditation and treachery killed his father. What was the crime committed?
a. Murder
b. Parricide
c. Homicide
d. Qualified Homicide
396. PO3 Bagsik entered the dwelling of Totoy against the latter’s will on suspicion that Bitoy keeps unlicensed firearms
in his home. What was the crime committed by PO3 Bagsik?
a. Trespass to Dwelling
b. Violation of Domicile
c. Usurpation of Authority
d. Forcible Trespassing
397. Charlie and Lea had been married for more than 6 months. They live together with the children of Lea from her
first husband. Charlie had sexual relation with Jane, the 14-year-old daughter of Lea. Jane loves Charlie very much.
What was the crime committed by Charlie?
a. Simple Seduction
b. Qualified Seduction- MORAL ASCENDANCY
c. Consented Abduction
d. Rape
398. Prof. Jose gave a failing grade to one of his students, Lito. When the two met the following day, Lito slapped
Prof. Jose on the face. What was the crime committed by Lito?
a. Corruption of Public Officials
b. Direct Assault – PAST PERFORMANCE – PERFORMING DUTY
c. Slight Physical Injuries
d. Grave Coercion
399. A warrant of arrest for PARRICIDE was issued against Fred for the killing of his parents. When PO2 Tapang
tried to arrest him, Fred gave him 1 million pesos to set him free. PO2 Tapang refrained in arresting Fred. What
was the crime committed by PO2 Tapang?
a. Indirect Bribery
b. Direct Bribery
c. Corruption of Public Officials
d. Qualified Bribery
400. Which of the following is the exemption to the hearsay rule made under the consciousness of an impending
death?
a. Parol Evidence
b. Ante mortem statement
c. Suicide note
d. Dead man’s statute
401. Factum probans means __.
a. preponderance of evidence
b. ultimate fact
c. evidentiary fact
d. sufficiency of evidence
402. It refers to family history or descent transmitted from one generation to another.
a. inheritance
b. heritage
c. pedigree
d. culture
403. The Anti-Bouncing Checks Law.
a. RA 6425
b. RA 8353
c. BP.22
d. RA 6975
404. The RPC was based on the _______________.
a. Spanish penal code
b. English penal code
c. American penal code
d. Japanese penal code
405. Infanticide is committed by killing a child not more than….
a. 36 hours
b. 24 hours
c. 48 hours
d. 72 hours
406. Ignorance of the law excuses no one from compliance therewith.
a. ignorantia legis non excusat
b. parens patriae -PARENTS OF THE COUNTRY
c. res ipsa loquitur – NEGLIGENCE CASES -THE THING SPEAKS FOR ITSELFS
d. dura lex sed lex
407. A kind of evidence which cannot be rebutted or overcome.
a. Primary
b. Best
c. Secondary
d. Conclusive
408. These questions suggest to the witness the answers to which an examining party requires.
a. leading
b. misleading
c. stupid
d. hearsay
409. Which of the following is not a person in authority?
a. Municipal mayor
b. Private School Teacher
c. Police Officer-APA – CHIEF- PA
d. Municipal Councilor
410. A building or structure, exclusively used for rest and comfort.
a. sanctuary
b. prison
c. jail
d. dwelling
411. The mental capacity to understand the difference between right and wrong.
a. treachery
b. premeditation
c. recidivism
d. discernment
412. Conspiracy to commit this felony is punishable under the law.
a. Estafa
b. Murder
c. Rebellion
d. Rape
413. Crimes that have three stages of execution.
a. Material
b. Formal
c. Seasonal
d. Continuing
414. Acts and omissions punishable by special penal laws.
a. Offenses
b. Misdemeanors
c. Felonies
d. Ordinances
415. A character of Criminal Law, making it binding upon all persons who live or sojourn in the Philippines.
a. General
b. Territorial
c. ProspectivSe
d. Retroactive
416. Pedro, a 19 year old man had sexual intercourse with her 11 year old girlfriend without threat, force or
intimidation. What was the crime committed?
a. Child rape
b. Qualified Rape
c. Statutory Rape - CANNOT GIVE A VALID CONSENT
d. None of these
417. Michael Yang is a Chinese citizen who killed a Filipino on board a Philippine commercial vessel on the high seas.
Based on the given situation, the Philippine criminal law is______.
a. Not applicable because the crime was committed outside of our territory.
b. Not applicable because the offender is not a Filipino.
c. Applicable in this situation although the crime was committed on the high seas.-PAR. 1, ART. 2
d. Applicable even if the crime was committed by a Chinese.
418. When a crime is committed on board a Japanese Warship while it is on Philippine waters, the _____.
a. Philippine criminal law shall not be applicable.
b. Japanese Military law shall be applicable.
c. Japan Criminal law shall be applicable in our courts.
d. Philippine criminal law shall be applicable.
419. Habitual delinquency is limited only to the following six(6) felonies:
a. Robbery, Estafa, Malversation, Theft, Serious physical injury and less serious physical injury.
b. Serious physical injury, Less serious physical injury, Estafa, Robbery, Falsification and theft
c. Falisification, Physical injury, Theft, Estafa, Robbery and malicious mischief.
d. Treason, Espionage, piracy, Mutiny, Flight to enemy country and violation of neutrality.
420. Pacquiao with intent to kill, fired his gun towards BBM but hitting & killing Digong. What crime did Pacquiao
commit?
a. Consummated Homicide
b. Attempted homicide as regards BBM with consummated homicide as regards Digong
c. Consummated homicide committed by mistake in the blow
d. Attempted homicide as regards BBM with consummated murder as regards Digong
421. Mans Carpio with intent to kill his wife, went to a grocery and buy a rat killer and muriatic acid. As he was about
to go home, police arrested him for attempted parricide. Is the police right in arresting Mans Carpio?
a. Yes, for there is an act of execution
b. Yes, for there is a clear intention
c. No. because mere preparatory act is not punishable as a general rule
d. No, because there is no proof that he will use Dora rat killer
422. Roque with intent to kill aimed his gun at Panelo. Roque did not know that the gun was empty. As a result, when
he pressed the trigger, it did not fire. What crime was committed by Roque?
a. No crime
b. Attempted felony
c. impossible crime
d. Attempted homicide
423. Lenie with intent to kill stabbed Sara from the back upon passing a dark alley inflicting a mortal wound. Lenie in
an attempt to make a second attack decided to turn her back leaving Sara. What crime was committed by Lenie?
a. Attempted murder
b. Consummated murder
c. Frustrated murder
d. serious physical injury
424. Duque, Liao and Du30 conspired to rob BDO in their secret safe house. While they are planning how to commit
the crime, operatives of the NBI barged in and arrested the group. What crime was commited by them?
a. No crime was commited
b. Under the facts no crime was commited as mere conspiracy to commit a crime is not punishable.
c. Attempted robbery
d. Frustrated robbery
425. A big fire razed a row of houses in a thickly populated neighborhood. To prevent the spread of fire, some of the
residents demolished several houses. These persons are:
a. Civilly liable but not criminally liable – State of necessity
b. Criminally and civilly liable
c. Civilly and criminally not liable
d. Criminally liable but not civilly liable
426. Lenie complained to her bestfriend Grace that she had been seriously battered by her husband for so long, Grace
remarked ‘’kung ako sayo patayin ko na lang siya,walang karapatang mabuhay ang asawang ganyan’’ Lenie killed
her husband.
a. Grace is liable as principal by inducement.
b. Grace is not liable because a thoughtless expression is not an inducement to commit a crime.
c. Grace is liable as principal for inducement includes suggestion to commit a crime.
d. Grace is not liable as principal but as an accessory.
427. BBM was born on July 5, 2001. In July 5, 2016, he commited a crime of theft. Is BBM liable?
a. Yes, for he has committed a crime
b. Yes, for he knows what he is doing
c. No because he is still a minor
d. No because he acted without discernment
428. BBM raped Sara in the presence of her husband, forcing her, using the dog style position in the sexual act. Rape
is committed aggravated by what circumstance?
a. Ignominy
b. Passion
c. Cruelty
d. Craft
429. Digong induces Bong Go to kill BBM. Bong Go killed BBM by means of treachery. Should treachery be appreciated
also against Digong, the principal by inducement?
a. Yes, if he has knowledge that X killed Y by means of treachery.
b. Yes, because there was conspiracy
c. Yes, because when there is conspiracy, the act of one is an act of all.
d. Yes because he is principal by inducement, so he is liable for all the acts of the principal by direct
participation.
430. Panelo killed Roque by stabbing him from behind. Panelo called his brother-in-law Harry, and told the latter that
he killed Roque. Panelo asked Harry to bury the cadaver of Roque to prevent discovery which he did.
a. Harry is an accessory but is exempt from liability -art. 20
b. Harry is an accessory and is liable
c. Harry is an accessory but excused from liability pursuant to art 22 of the Revised Penal Code
d. Harry is an accomplice
431. BBM was charged before the court. During the pendency of his trial, he died. What would be the effect of his
death on the case involved and in his criminal liability?
a. The criminal case will be dismissed and his criminal liability is extinguished.
b. The criminal case will proceed and his criminal liability is not extinguished.
c. The criminal case will be archived to wait for his resurrection.
d. There will be no effect at all because his relatives will be the one to face trial and be punished in case of
his conviction.
432. The Philippines is at war with China. The President issued an order prohibiting the sending of letters to China nor
flight to the said enemy country. BBM, a Filipino, despite such order rented a private plane going to China. While
BBM was about to board the plane, he was arrested by members of the aviation security group. Is BBM liable for
a crime of flight to enemy country.
a. No, because he was just about to board when he was arrested.
b. No, because he did not successfully reach Japan.
c. Yes, because mere attempt to flight is punishable
d. Yes, because mere intent to flight is punishable under the law.
433. Patrolman Harry without legal grounds arrested and detained Chel Diokno and deprived said person of his liberty.
Patrolman Harry is liable for:
a. Illegal detention
b. Arbitrary detention
c. Unlawful arrest
d. Kidnapping
434. Digong was arrested for illegal possession of firearms which is considered a low power gun. Considering that
such is punishable by correctional penalty, within how many hours should a case be filed to the proper judicial
authority?
a. 12 hours
b. 18 hours
c. 24 hours
d. 36 hours
435. Sara, a sister of Baste (a sentenced prisoner), gave 20k to the jail warden to facilitate or allow the escape of her
brother. Sara is guilty of what crime?
b. Bribery
c. Delivering prisoners from jail
d. Corruption of public official
436. BBM was convicted for a crime of robbery before serving his sentence or while serving the same, he commited
a crime of murder, what condition is said to have occurred?
a. Recidivism
b. Reiteracion
c. Quasi-Recidivism
d. Habitual delinquency
437. BBM upon entry to the house of Lenie took the jewelry in the cabinet using the key of the latter to unlock said
cabinet. BBM is liable for:
a. Theft
b. Robbery
c. Possession of false key
d. Qualified theft
438. Digong with treachery killed Kiko. Before leaving Kiko’s lifeless body, Digong took the necklace of Kiko. Digong
commited what crime/s?
a. Murder with theft
b. Murder and theft – afterthought doctrine
c. Robbery with homicide -special complex crime – composite crime
d. Robbery and homicide
439. A person who ripped the dress of a woman and placed his penis over the woman’s genital organ is liable for
what crime?
a. Rape
b. Seduction
c. Forcible Abduction
d. Acts of lasciviousness
440. Pedro was able to have carnal knowledge with his 17 year-old girlfriend by promising the latter with marriage,
What crime was commited?
a. Qualified Seduction
b. Acts of lasciviousness
c. Simple seduction
d. None of the foregoing
441. Digong had sex with Keittie. The latter consented to it because she likes it. Which of the following circumstances
will make the sexual intercourse between the two a case of rape?
a. Promise of marriage which Benny cannot fulfill because Benny is already married to another woman.
b. Keittie is under 12 years of age.
c. Keittie is a demented person
d. Both B and C
442. Atty. Ekis is a private lawyer. Due to the absence of the public prosecutor, he directs the prosecution of the case.
Is Atty. Ekis right in doing so?
a. Yes, because as a private lawyer of the offended party he has authority to do so.
b. Yes, because he represents the offended party.
c. No, because he was not authorized in writing by the Chief Prosecution Office or Regional State Prosecutor.
d. No, because only public prosecutor can prosecute criminal offenses in all cases.
443. Patrolman Trillanes, authorized by a warrant of arrest forcibly entered the house of a suspect after he was refused
to enter. He successfully arrested the suspect. Is the act of breaking into the dwelling made by Pat. Trillanes valid?
a. No, it is an abuse in the service of warrant
b. No, because such act is in violation of the rights of the suspect to be secure over his property.
c. Yes, because such act is authorized by law.- KNOCK AND ANNOUNCE RULE - BREAK IN DOCTRINE –
BREAK OUT DOCTRINE
d. Yes, because even private individual making citizen’s arrest can do so.
444. Digong, was charged with murder,during the arraignment, He pleaded guilty to a crime of homicide, the same
was accepted by the offended party and the public prosecutor, such arrangement will amount to:
a. Admission
b. Extra-judicial confession
c. Plea bargaining
d. None
445. Digong made an extra-judicial confession in the police station without the presence of a counsel and even told
the police that the deadly weapon that he used in killing the victim was in his house and voluntarily escorted the
police in his house to recover the deadly weapon. The weapon was presented as evidence in court. Is the deadly
weapon admissible?
a. Yes, for it was taken with the consent of the owner.
b. Yes, for it was obtained under a consented search
c. No, because it is a ‘’fruit of the poisonous tree’’
d. No, because it is obtained in the absence of the counsel.
446. A child was arrested in the act of committing theft, the child contested that he is only 15 years old and presented
a certified true copy of his birth certificate issued by the PSA. Said PSA certificate of birth is considered what kind
of evidence?
a. Original document
b. Secondary evidence
c. Parol evidence
d. Hearsay evidence
447. X is an accused in a criminal case for rape. 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 an implied admission of guilt
b. An offer of compromise and is not an implied admission of guilt
c. A quasi confession of guilt - admission of guilt
d. An offer to settle the case to buy peace
448. Revised Rules on Evidence is AM No. ____ which took effect on _____.
a. A.M. No. 19-08-15-SC; May 1, 2020
b. A.M. No. 19-80-15-SC; May 1, 2020
c. A.M. No. 19-15-08-SC; May 1, 2021
d. A.M. No. 19-15-80-Sc; May 1, 2021
449. Rules on the Use of Body-Worn Cameras in the Execution of Warrants.
a. A.M. No. 21-06-08-SC
b. A.M. No. 21-08-06-SC
c. A.M. No. 21-60-08-SC
d. A.M. No. 21-06-80-SC
450. Judges-at-Large Act is:
a. R.A. 11459
b. R.A. 11691
c. R.A. 11549
d. R.A 11458

Untitled

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Untitled

Uploaded by

Copyright:

Available Formats

Bong surreptitiously went into the premises of Esco.

17. If the search is illegal, the thing seized is?

excludes any accused – 10 – filed information – 5

37. In criminal procedure, who conducts the direct examination?

41. A complaint may be filed by any of the following, EXCEPT:

DISQUALIFICATION BY REASON OF MARRIAGE – ONE SPOUSE IS A PARTY TO THE CASE

DISQUALIFICATION BY REASON OF MARITAL PRIVILEGE – PRIVILEGED COMMUNICATION – SPOUSES – A

PRIVILEGED COMMUNICATION – RELATIONSHIP – CONFIDENTIAL INFORMATION

DOCTOR-PATIENT PRIVILEGE – CIVIL CASE

Not in furtherance of rebellion- rebellion and common crimes

Malversation – malum in se – rpc

Mala in se – inherently evil..inherently wrong

MS – LACK OF CRIMINAL INTENT IS A DEFENSE – DELIBERATE FELONIES – INTENTIONAL

MS – GOOD FAITH IS A DEFENSE

MS – DEGREE OF PARTICIPATION – PRINCIPAL – ACCOMPLICE – ACCESSORY

MS – STAGES OF EXECUTION – ATTEMPTED – FRUSTRATED – CONSUMMATED

MS – MITIGATING AND AGGRAVATING CIRCUMSTANCES ADOPTED

Under detention – commitment order

accusatorial - trial is publicly held

b. Infidelity in the custody of documents

Us embassy – Roxas Blvd. – extension of territory –

c. Prospectivity - basis – Art. 22, rpc

b. Error in Personae - mistake in identity of the victim – liable – ART. 49

e. aggravating circumstance- maximum

LESS SERIOUS – SLIGHT – ABSOLUTORY – EXEMPT -

A.M. NO. 21-06-08-SC

RES GESTAE – 1. DYING – NABUHAY

You might also like