Criminal Law

Final Coaching in Criminal Jurisprudence,
Procedure and Evidence

Prepared by: Atty. Jay M. Ferraro
1. Which of the following statements refer to within the point where he can still decide to desist or
“Corpus Delicti” continue the commission of the crime is the_phase.
I – Corpus delicti is the body or substance of the crime. A. Objective
II – Corpus delicti is the fact that crime has actually B. Internal
been committed C. Subjective
III – Corpus delicti is the body of the person who is a D. External
victim of the homicide or murder
A. II,III 6. The Accused in criminal proceedings has in his
B. I,II favour the rule that criminal law should be construed
C. I,III liberally in his favor because ______.
D. I,II,III A. Of the requirement of observance of due
process
2. What is the crime committed if the offender B. The prosecution has the burden of proof
killed a person whose age is LESS THAN 12 years of C. The police is presumed to perform their duty
age? with regularly
A. Homicide, In the absence if any qualifying D. The accused is presumed innocent until
Circumstance under article 248. proven guilty
B. Murder, If not attender by circumstances
under article 246. 7. After the decision was rendered by the trial
C. Murder, even if the offender is any of the court, the accused found new evidence. What remedy
parent. should do based on the new evidence?
D. Parricide, regardless of relationship by A. File a motion for reconsideration
consanguinity B. File a motion for new trial
C. File a notice to appeal
3. Leo surreptitiously went into the premises of Levin. D. File a petition for certiorari
Not knowing that Levin was inside the house, he
burned the house that resulted also to the death of 8. The declaration of an accused acknowledging
Levin. his guilt of the offense charged, or of any offense
Leo is liable of what crime? necessarily included therein is ______.
a. Arson A. Liability
b. Murder B. Confession
c. Homicide C. Admission
d. Arson with Murder D. Responsibility
4. Senators Pacman and Migz would like to enact a law 9. Gen. Borja, a public officer, entered the house of
that will protect the welfare of the athletes in the Don Emilio through a wide-open door The latter saw
country. What kind of law is that? the former but he disregarded him because Don Emilio
a. Civil is busy watching “Ang Probinsyano”. Is Gen. Borja
b. Common criminally liable?
c. Criminal a. He is not criminally liable
d. Statutory b. He is criminally liable for Violation of Domicile due to
the absence of consent
4.The person is suspected of committing a crime which c. He is criminally liable for Trespass to Dwelling
is punishable by imprisonment of at least 4 years, 2 d. He is criminally liable for Violation of Domicile even
months and 1 day. The person was not subject to with the owner`s consent
warrantless arrest. How will you proceed with the case?
A. Report the matter to my superior and let them 10. The constitutional limitation of ex post facto
decide what to do with the situation. law in the enactment of criminal laws simply means
B. Exert effort to arrest a person even without a that our criminal law shall be applied ______.
warrant for the commission of a crimes A. Retroactively
C. File a direct complaint with the prosecutor’s B. In favor of the accused
office for inquest proceedings. C. Prospectively
D. File a direct complaint with prosecutor’s office D. Against the State
for preliminary investigation
11. Preliminary investigation is a matter of right
5. The PHASE in the commission of the crime when the penalty for the crime committed is _____.
when the person is from the point of beginning or A. Not exceeding six years of imprisonment
Amici Review Center Page 1

B. Imprisonment of at least 4 years, 2 months, A. Evidence obtained in accordance with the
and 1 day regardless of fine constitution
C. Imprisonment is 4 years, 2 months and 1 day B. Evidence obtained through third degree
regardless of fine method of investigation
D. Less than 4 years of imprisonment C. Evidence obtained in accordance with law or
statute
12. Police officer JAKE arrested ACE without legal D. Evidence obtained accordance with the rules
ground and without a warrant JAKE committed the
crime of ______. 19. A person who is lawfully arrested may be
A. Violation of domicile searched for anything ______.
B. Illegal arrest A. That the police at its discretion is deemed to
C. Arbitrary detention be proper
D. Unlawful arrest B. Even if not concerned to the commission or
an offense.
13. The crime committed is punishable by C. Which may have been used or constitute
imprisonment of at least 4 years, 2 months and 1 day. proof in the commission of an offense
The crime was committed in Metro Manila or Chartered D. That may be ordered by the court at its
Cities. Where should the complaint be filed in order to discretion
initiate the criminal action?
A. To file the complaint directly with Municipal 20. Joaquin and Yaya Dub were lovers. When
Trial Court. Yaya Dub decided to break up with Joaquin, he
B. At the police station for warrantless arrest and detained her in his house. Is Joaquin criminally liable?
inquest proceedings a. He is not criminally liable
C. At the prosecutor’s office for the conduct of b. He is criminally liable for Slight Illegal Detention
preliminary investigation c. He is criminally liable for Arbitrary Detention
D. To file the information directly with the d. He is criminally liable for Serious Illegal Detention
Regional Trial Court
21. Jason Ivler drove his car in a secondary road
14. Lolo killed 11 years old illegitimate with a speed of 60 kilometer per hour (kph), which
granddaughter, Apo. What crime did Lolo commit? damaged the car of spouses Cruz, injured Mrs. Cruz,
a. Homicide which required medical attendance for 3 days, and
b. Infanticide killed Mr. Cruz. During arraignment, Ivler`s lawyer
c. Murder moved that his client be allowed to make his plea one
d. Parricide at a time, starting from the lightest charge, which the
court, after asking the permission of the complainant,
15. What is this rule in evidence which states that granted it. Ivler pleaded guilty for simple negligence
when the terms of an agreement have been reduced resulting in slight physical injuries, and was
to writing It considered as containing all the terms immediately convicted. If Ivler would be set for
agreed upon and there can be between the parties and arraignment for the resulting death of Mr. Cruz, what
their successors in interest no evidence of the written should Ivler do?
agreement? a. He may file an appeal
A. Secondary Evidence b. He may file a motion for reconsideration
B. Original Document rule c. He may file a motion to quash
C. Exclusionary rule d. He may file a petition for certiorari
D. Parol Evidence rule
22. In order that the person accused of a crime
16. The form of evidence that is subject to the should be bound to accusation against him, what
senses of the Court _______ evidence. should the police officer do?
A. Physical A. Wait for the issuance of the warrant arrest
B. Object B. Let the court proceedings take its course and
C. Real allow the issuance of warrant
D. All of these C. Arrest the person accused of a crime even
without a warrant
17. The crime committed is punishable by D. Do the arrest only when requested by the
imprisonment of 4 years, 2 months and less. The crime offended party
was committed in the province. Where should the
complaint be filled in order to initiate the original 23. Venue in criminal cases refers to the place
action? _______.
A. May file the complaint directly with the A. Of trial where the parties agree
Municipal Trial Court B. Where the trial court designates
B. At the police station for warrantless arrest and C. That acquired jurisdiction over the case
inquest proceedings D. Where the crime was committed
C. May file the information directly with the
Regional Trial Court 24. Alden and Yaya Dub are husband and wife.
D. At the Prosecutor’s Office for the conduct of Yaya Dub had a sexual intercourse with Joaquin in their
preliminary investigation conjugal home. Is there a need for the prosecutor to
conduct preliminary investigation?
18. Which of the following circumstances makes a. Yes because the penalty for Adultery is at least 4
the evidence incompetent? years 2 months and 1 day

b. No because the penalty for Adultery is lower than 4 D. Admission by silence
years 2 months and 1 day
c. Yes because the penalty for Concubinage is at least 31. Which of the following situations is NOT valid
4 years 2 months and 1 day search without warrant?
d. No because the penalty for Concubinage is lower A. Search in plain view
than 4 years 2 months and 1 day B. Search incidental to stop and frisk
C. Search at the discretion of a police officer
25. Our criminal law may be applied D. Search incidental to lawful arrest
extraterritorially which simply means that ______.
A. Our criminal law may be enforced by another 32. HARDEN after trial was found guilty of a
sovereign country despicable act. However, the court found out that there
B. Our criminal law may be applicable even outside is no law punishing the said act. May the court punish
of our territory HARDEN of any penalty which is deemed appropriate?
C. Foreigners here in our country may be charge for A. Yes, the act committed is despicable that it
violation of our criminal law should be punished.
D. Those accused of crime may be arrested even B. No, the law cannot punish because the court
outside of our territory does not know the applicable law
C. No, the law cannot punish an act if at the time
26. The extra-judicial confession of an accused is it was committed the same is not yet punishable
sufficient for conviction ______. D. All of the above
A. Provided that it is freely, intelligently and
voluntarily given 33. An act or commission punishable by the
B. When it is corroborated by evidence of corpus Revised Penal Code is _______.
delicti. A. Act or commission
C. Even if it is not corroborated by evidence of B. Offense
corpus delicti C. Felony
D. Whether or not corroborated by evidence of D. Crime
corpus delicti
34. When the search and seizure conducted by
27. Which among the following is NOT considered the police is based on a search warrant this
as authorized person to file the complaint before the presupposes that the search and seizure _______.
Municipal Trial Court? A. May be questionable
A. Any peace officer B. Is without probable cause
B. Any law enforcement officer authorized by C. Violates the right of the person to privacy
law D. Is with legal ground
C. The offended party
D. The witnesses to the crime committed 35. Gen. Borja, a public officer, and armed with a
search warrant, entered the house of Don Emilio. The
28. Which of the following is NOT hearsay? search warrant describes the subject of it as Heavy
A. The testimony of a witness concerning the Machine Guns. Upon searching Don Emilio`s house,
letter he received from somebody Gen. Borja found Methamphetamine Hydrochloride,
B. The in formation received by a police officer May Gen. Borja seize the Methamphetamine
from the neighbourhood regarding the existence drug Hydrochloride?
dens in the area a. Yes because Methamphetamine Hydrochloride is
C. The affidavit of a witness who was not illegal per se, which was searched in plain view
presented to the witness stand for cross examination b. No because Methamphetamine Hydrochloride is not
D. The statement given by the informant to the illegal per se
police officer c. Yes because Methamphetamine Hydrochloride is
related the principal accusation of arms smuggling
29. Ped Xing is a Chinese citizen who killed a d. No because Methamphetamine Hydrochloride is not
Filipino on board a Philippine commercial vessel on the specifically stated in the search warrant
high seas. Based on the given situation. Based on
territoriality principle, Philippine criminal law is 36. What is this right that the accused may invoke
_______. during trial to avoid statement against himself
A. Not applicable because the crime was A. Right not to be witness for his behalf
committed outside of the Philippine territory B. Right against self-incrimination
B. Not applicable because the offender is not a C. Right to assistance of counsel.
Filipino D. Right to remain silent
C. Applicable in this situation although the crime
was committed on the high seas 37. The power or authority to hear and decide a
D. Applicable even if the crime was committed case is ______.
by a Chinese A. Judicial
B. Jurisdiction
30. The act or omission of a person who after C. Venue
hearing or seeing something that requires him/her to D. Mandate
do comment if it is not true and was given the
opportunity is ______. 38. Dingdong and Marian are husband and wife.
A. Admission Dingdong contracted a subsequent marriage with
B. Admission against interest Angel before his former marriage was legally dissolved.
C. Confession Dingdong was charged with Bigamy. The lawyer of

Marian showed before the court a copy of her marriage a. Agent of a person in authority
certificate to prove its existence. Such evidence is b. Chief Finance Officer of the City
considered as… c. A person in authority
a. original document d. Jail Officers
b. Corroborative
c. Documentary 46. The accused with lewd design brought the
d. Object women who is a minor a secluded place but with the
consent of the latter. The accused is liable for the crime
39. In the above scenario, if the lawyer of Marian of ______.
showed before the court a copy of her marriage A. Simple seduction
certificate to prove its content that Dingdong and B. Forcible abduction
Marian were legally married. Such evidence is C. Qualified abduction
considered as… D. Consented abduction
a. Best
b. Corroborative 47. Rebellion and coup d’ etat when committed by
c. Documentary military personnel will subject them to court martial
d. Object proceedings. What is the NATURE of court martial
proceedings?
40. In the same scenario, If Dingdong filed a petition A. Civil
for declaration of nullity of his previous marriage with B. Administrative
Marian on the ground that both of them were minors C. Sui generis
when they got married, Dingdong should prove his D. Criminal
claim through..
a. Clear and convincing evidence 48. The process required to determine probable
b. Preponderance of evidence cause based on direct filling of complaint so that the
c. Proof beyond reasonable doubt information may be filled in court is ________.
d. Substantial evidence A. Ex-parte examination of the complaint
B. Preliminary investigation
41. The venue to hear criminal cases may be C. Inquest proceedings
changed when the _______. D. Judicial determination of probable cause
A. Prosecution and the accused agree
B. Complainant opted to change it 49. During arraignment, the accused is required
C. Trial court so ordered to enter his plea. So that the accused may be
D. Supreme Court so ordered intelligently understands the consequences of his plea,
what is the mandatory requirement in entering plea?
42. When a Filipino kills a Chinese on board a A. The accused should be assisted his witnesses
vessel bearing the flag of Mexico while the vessel is in B. The accused should be assisted by the court
Philippine waters, may the criminal law of the of competent jurisdiction
Philippines apply? C. The prosecution should offer lower and
A. Yes, the Philippine criminal law is applicable irresistible offer
B. Yes, since the offender is a Filipino D. The accused should be assisted by competent
C. No, it is the Mexican criminal law that applies and independent counsel.
D. No, the Philippine criminal law is not
applicable 50. When the accused interposes self-defense, what is
MODIFIED in the court proceedings in so far as the
43. The crime of concubinage is committed by a presentation of the witness?
man who is_________. a. The order of presentation of evidence
a. married and keeps a woman as a mistress in some b. The burden of proof
other place as his wife. c. The presumption of innocence
b. married and had sexual intercourse with a woman d. None of these
who is NOT his wife – under scandalous circumstances
c. married and had sexual intercourse with a woman 51. The most reliable form of evidence in the hierarchy
privately at least once somewhere in a motel. of evidence is _____________.
d. married and had sexual intercourse with a woman a. Testimonial evidence
who is married. b. Real evidence
c. Direct evidence
44. A person asked you for advice on how to file a case d. Documentary evidence
of concubinage against her husband. Which of the
following is allowed by the Rules in order to initiate the 51. The person arrested without a warrant for the
filing of a concubinage case? crime the penalty of which is imprisonment of at least
a. The case of concubinage can be initiated even 4 years, 2 months and 1 day. He asked for preliminary
without the complaint of the offended spouse investigation. What is required of the person arrested
b. The case of concubinage can only be initiated by the in order that preliminary investigation. Maybe
complaint of the offended spouse conducted?
c. The case of concubinage is a public offense, it can A. He should as for the presence of a counsel
be initiated by the police while being detained
d. None of these B. He should ask for his right to remain silent in
the course of the preliminary investigation
45. Which of the following public officers cannot be C. He should ask his right to be informed of the
liable for the crime of arbitrary detention? nature of the cause and accusation against his.

D. He should waive his rights under Article 125 59. Because the burden of proof rests with
of the Revised Penal Code prosecution, the duty to convict the person belongs to
_______.
52. When a case is filed in this court, bail becomes A. The strength of the prosecution’s evidence
a matter of right before or after conviction, which court B. The courts discretion based on evidence
is it? C. The weakness of the accused’s evidence
A. Regional Trial Court D. All of these
B. Municipal/Metropolitan Trial Court 60. A person is about to commit a crime in your
C. Court of Appeals presence. As a police officer, what would BE the
D. Sandiganbayan appropriate course of action to do considering that the
crime is yet to be consummated?
53. ACE is a police officer. He arrested JAKE a. To identify the person and file a case for preliminary
without a warrant for a crime which is considered as investigation
less grave offense. For ACE to be NOT liable for the b. To detain the person while waiting for the issuance
crime of arbitrary detention, he must deliver JAKE to of the warrant
proper judicial authorities within ______ from the time c. To wait for the crime to be consummated, before
of the arrest arresting the person
A. 12 hours d. To arrest the person even without a warrant of arrest
B. 18 hours
C. 36 hours 61. LINO saw ACE with an angry expression on
D. 32 hours his face while holding a firearm moving towards his
54. The defense shall offer the testimony of its witness direction. When ACE was already near him, LINO
during the time ________________. picked up a 2x2 hard wood and hit ACE on both his
a. As ordered by the court to offer the testimony arms, resulting injuries to the latter. It was revealed
b. The defense witness is called to testify during the investigation that ACE is without bad
c. the exhibits are identified and marked intention against LINO. LINO was charged for serious
d. the exhibits are formally offered physical injuries. This situation fits the principle of
______.
55. The crime committed when a person killed A. Mistake in identity
his/her illegitimate daughter who is a minor under the B. Mistake in the blow
circumstances provided by article 247 is _______. C. Mistake of fact
A. Infanticide D. Ignorance of the law
B. Murder
C. Homicide 62. Which of the following illustration BEST
D. Parricide exemplifies the concept of complex crimes?
A. HARDEN wanted to kill CURRY, HARDEN set
56. The constitutional limitation of bill of attainder the house of CURRY resulting to the death of CURRY
in the enactment of criminal laws simply means that B. HARDEN steals the chicken of CURRY, then
our criminal law shall ______. took the chicken of PAUL and that of DURANT
A. Decrease the imposed penalty to favor the C. HARDEN killed CURRY while robbing his
accused jewelry
B. Imposed the penalty even without hearing D. HARDEN wanted to kill CURRY. He threw a
and trial grenade against CURRY, it killed CURRY and injured
C. Applied the penalty only sparingly in favor of DURANT
the state
D. Impose the penalty only after due hearing and 63. Exclusion of evidence simply means ______.
trial A. That evidence obtained unlawfully shall be
excluded by the court and not admitted
57. The prosecution shall offer in evidence its B. That evidence which are testimonial but
documentary evidence ______. objectionable shall be excluded
A. At any time the prosecution may deep proper C. That witnesses not subject for examination
at its discretion to offer should be excluded from the court
B. After the presentation of testimonies of D. Answer: none of these
witnesses have been terminated 64. If ACE is a resident of Valenzuela City but he
C. After the presentation of the witnesses of the committed the crime in Manila against JAKE who is a
defense are terminated resident of Caloocan City, the case should be filed in
D. All of the above ____________.
a. Caloocan City where JAKE is a resident
58. The crime of adultery is committed by any b. Manila, where the crime was committed
married woman who shall _____. c. Any prosecutor`s office in Metro Manila
A. Have sexual intercourse with a man under d. Valenzuela City where ACE is a resident
scandalous circumstances
B. Enter into marriage with another man other 65. What is this STAGE in court proceedings
that her husband whare the prosecution and accused may agree on
C. Have sexual intercourse with a man who is matters what will promote a fair and expeditious trial
not her husband of the case?
D. Live in conjugal dwelling with a man who is A. Trial proper
not her husband B. Preliminary investigation
C. Inquest proceedings
D. Pre- trial

66. For the attempted stage to exist, one of the D. He is qualified to testify despite his conviction
requirements is that there must be an “overt act” Overt of the crime of Robbery
acts in attempted stage means _____________.
a. A physical undertaking as can clearly be seen by 72. From the foregoing situation, suppose
police officers DURANT is merely 6 years old which of the following
b. An outward manifestation that the person is about statements BEST describes the qualification of
to commit crime DURANT as a witness?
c. A physical act indicating the intention of the accused A. He is qualified so long that he can express his
to commit a specific crime thought before the court.
d. An obvious physical activity directly observed by the B. He is not qualified because a minor is
police of any possible crime susceptible of being coached by lawyers
C. He is not qualified because he is still a minor
67. The accused was convicted for an offense the D. He is qualified because he can perceive and
penalty of which is less than 6 years of imprisonment. perceiving can convey his perception to another
He is qualified for probation. What advice will you give
to the convict? 73. From the foregoing situation, suppose that
a. That in case the penalty for the crime committed is DURANT merely heard from KAI the information that it
more than 6 years, and upon appeal was reduced to was JAMES who killed JORDAN. Which of the
less than 6 years, he can still apply for probation. statements below correctly describes the admissibility
b. That if he will apply for probation, he cannot of DURANT’s testimony
anymore appeal his case once his application for A. It is not admissible for being independent
probation is denied relevant statement
c. That if he files his appeal, he cannot anymore be B. It is admissible if it is supported by evidence
allowed to apply for probation in case his appeal is of corpus delicti
denied C. It is admissible if DURANT is qualifies as a
d. All of these witness
D. It is not admissible for being hearsay evidence
68. The place of the commission of the crime is a
consideration to determine the ______. PO3 Cardo apprehended Waldo due to vehicular
A. Territory traffic incident.
B. Venue FRANKLIN is the warden of the Pambansang
C. Area of responsibility Kulungan ng mga Lords (PAKULO) -PETER is a
D. Jurisdiction detainee. JABYEE is a convict. JONEL is a
custodial guard.
69. The following are the sources of criminal law 74. From the foregoing situation, suppose that
except? LEILA a very influential private individual arranged with
A. Special laws FRANKLIN and JONEL the escape of PETER in
B. Ordinances exchange for certain consideration. PETER indeed
C. Special penal laws escaped. Which of the following crimes may be
D. Revised Penal Code committed by FRANKLIN and JONEL?
A. Direct bribery resulting in evasion of service
70. The questioning initiated by law enforcement sentence
authorities after a person is taken into custody or B. Direct bribery and infidelity in the custody of
otherwise deprived of freedom of action is ______. the prisoner
A. Illegal detention C. Conspiracy to the crime of evasion of service
B. Arbitrary detention of sentence
C. Custodial investigation D. Infidelity in the custody of prisoner through
D. Preliminary investigation negligence
71. The authority to enact national penal statutes 75. From the foregoing situation, suppose that
is lodged in the ______. PETER escaped from PAKULO through his own efforts
A. Respective Sanggunian of LGUs without giving any consideration to FRANKLIN and
B. Respective Mayors of LGUs JONEL. Did PETER commit any crime?
C. Congress of the Philippines A. No not yet for the crime of delivery of prisoner
D. Trial Courts in the Philippines from jail
B. No he did not commit any crime under the
Clarkson is an investigator. Curry is the suspect. RPC
Jordan is the victim with stab wounds. The C. Yes, for the crime of delivery of prisoner from
identified witness to the crime is Durant. jail
71. From foregoing situation, suppose that D. Yes, for the crime of evasion of service of
DURANT has personal knowledge of the crime sentence
committed. However, DURANT has been previously SITUATION 4- Hipolito was brought to the police
convicted for the crime of Robbery. Which of the station by Corporal Cardo Dalisay for the crime of rape.
following statements BEST describes the qualification While being investigated, Hipolito remained silent.
of DURANT as a witness? 76. From the foregoing situation, what is the
A. He is not competent to testify because of his effect of Hipolito’s remaining silent while being
previous conviction interviewed by the police in connection with the crime
B. He is not qualified to testify because of his committed?
previous conviction A. Hipolito should answer after all evidence he
C. He is qualified to testify subject to the gave will be inadmissible
approval of the court.

B. Hipolito is within his constitutional right to Charlie very much. What was the crime committed by
remain silent Charlie?
C. Hipolito may still answer even when there is a a. Simple Seduction
counsel provide from him b. Qualified Seduction
D. Hipolito’s silence is deemed admission of guilt c. Consented Abduction
77. From the foregoing situation, when should the d. Rape
Hipolito be informed of Miranda rights?
A. Before he is put into custody 85. Prof. Jose gave a failing grade to one of his
B. After he was asked any question related to students, Lito. When the two met the following day,
crime he was arrested for. Lito slapped Prof. Jose on the face. What was the
C. Immediately after he is arrested crime committed by Lito?
D. When he is already assisted by a counsel of a. Corruption of Public Officials
his choice or as provided for b. Direct Assault
78. From the foregoing situation, jurisprudence c. Slight Physical Injuries
declares that the suspect may waive his right to remain d. Grave Coercion
silent under the following, EXCEPT it must be
_________. 86. A warrant of arrest for Kidnapping and Serious
A. In the presence of counsel Illegal Detention was issued against Tano for
B. In writing kidnapping the Mayor. When Patrolman Kirby tried to
C. Before the prosecutor’s office arrest him, Tano gave him 100,000 pesos to set him
D. After the Miranda rights was given to him free. Patrolman Kirby refrained in arresting Tano.
What was the crime committed by Patrolman Kirby?
OSCAR is a police officer. HIPOLITO is the a. Indirect Bribery
offender. ERIKA is the victim. b. Direct Bribery
79. From the foregoing situation, suppose that c. Corruption of Public Officials
HIPOLITO in the commission of the crime of murder d. Qualified Bribery
against ERIKA ensured that ERIKA cannot retaliate or 87. Which of the following is an exception to the
cause harm against the former, what is the applicable hearsay rule made under the consciousness of an
modifying circumstances impending death?
A. Exempting a. Parol Evidence
B. Aggravating b. Ante mortem statement
C. Alternative c. Suicide note
D. Mitigating d. Declaration against interest
80. From the forgoing situation, suppose that
HIPOLITO used the presence of 4 relatives to ensure 88. Factum probans means __.
that ERIKA cannot retaliate against HIPOLITO at the a. preponderance of evidence
time he inflicted physical injuries against ERIKA, what b. ultimate fact
is the applicable modifying circumstances? c. evidentiary fact
A. Exempting d. sufficiency of evidence
B. Mitigating
C. Alternative 89. It refers to family history or descent transmitted
D. Aggravating from one generation to another.
81. From the foregoing circumstances, suppose a. inheritance
that ERIKA is a woman. HIPOLITO took advantage of b. heritage
his position as he is also a police officer so that she was c. pedigree
able to have carnal knowledge against the will of d. culture
ERIKA. What is the applicable modifying circumstance?
A. Exempting 90. A kind of evidence which cannot be rebutted or
B. Mitigating overcome.
C. Aggravating a. Primary
D. Alternative b. Best
82. From the foregoing situation, suppose despite c. Secondary
due diligence, and without intention to commit a crime, d. Conclusive
and without fault, the act of HIPOLITO resulted to
physical injuries against the person of ERIKA, what is 91. These questions suggest to the witness the
the applicable modifying circumstances in this case? answers to which an examining party requires.
A. Aggravating a. leading
B. Alternative b. misleading
C. Exempting c. stupid
D. Mitigating d. hearsay
83. Berto with evident premeditation and treachery
killed his father. What was the crime committed? 92. Which of the following is not a person in authority?
a. Murder a. Municipal mayor
b. Parricide b. Private School Teacher
c. Homicide c. Police Officer
d. Qualified Homicide d. Municipal Councilor
84. Charlie and Lea had been married for more than 6
months. They live together with the children of Lea 93. Crimes that have three stages of execution.
from her first husband. Charlie had sexual relation with a. Material
Jane, the 14-year-old daughter of Lea. Jane loves b. Formal

c. Seasonal c. Civilly and criminally not liable
d. Continuing d. Criminally liable but not civilly liable
94. Pedro, a 19 year old man had sexual intercourse 101. Lenie complained to her bestfriend Grace that she
with her 11 year old girlfriend without threat, force or had been seriously battered by her husband for so
intimidation. What was the crime committed? long, Grace remarked ‘’kung ako sayo patayin ko na
a. Child rape lang siya,walang karapatang mabuhay ang asawang
b. Qualified Rape ganyan’’ Lenie killed her husband.
c. Statutory Rape a. Grace is liable as principal by inducement.
d. None of the above b. Grace is not liable because a thoughtless expression
is not an inducement to commit a crime.
95. Habitual delinquency is limited only to the following c. Grace is liable as principal for inducement includes
six(6) felonies: suggestion to commit a crime.
a.Robbery, Estafa, Malversation, Theft, Serious d. Grace is not liable as principal but as an accessory.
physical injury and less serious physical injury. Similar acts as evidences
b.Serious physical injury, Less serious physical injury,
Estafa, Robbery, Falsification and theft 102. What is extenuating circumstance of abortion?
c.Falisification, Physical injury, Theft, Estafa, Robbery A. Purpose of concealing her dishonor
and malicious mischief. B. Purpose of avoiding pregnancy
d.Treason, Espionage, piracy, Mutiny, Flight to enemy C. Purpose of hiding her baby
country and violation of neutrality. D. All of the above
96. Roque with intent to kill aimed his gun at Panelo. 103. It refers to deficiency of action.
Roque did not know that the gun was empty. As a A. Reckless imprudence
result, when he pressed the trigger, it did not fire. What B. Reckless
crime was committed by Roque? C. Imprudence
a. No crime D. Negligence
b. Attempted felony
c. Impossible crime 104. Bok raped Sandy in the presence of her husband,
d. Attempted Homicide forcing her, using the dog style position in the sexual
act. Rape is committed aggravated by what
97. Mans Carpio with intent to kill his wife, went to a circumstance?
grocery and buy a rat killer and muriatic acid. As he a. Ignominy
was about to go home, police arrested him for b. Passion
attempted parricide. Is the police right in arresting c. Cruelty
Mans Carpio? d. Craft
a. Yes, for there is an act of execution
b. Yes, for there is a clear intention 105. PO1 Bautista was manning the traffic at the
c. No. because mere preparatory act is not punishable intersection of circumferential road. PO1 Bautista
as a general rule ordered the driver of taxi to stop. Threatening him to
d. No, because there is no proof that he will use Dora arrest and confiscate his driver’s license for allegedly
rat killer over speeding. Familiar with the Tactics and dirty ways
of some Police officers, the driver pulled out his wallet
98. Lenie with intent to kill stabbed Sara from the back and picked up his driver’s license with the hidden
upon passing a dark alley inflicting a mortal wound. P500.00 inside the same and handed it to PO1 Bautista
Lenie in an attempt to make a second attack decided thereafter PO1 Bautista returned to the driver his
to turn her back leaving Sara. What crime was license and allows him to go. What crime did PO1
committed by Lenie? Bautista committed?
a. Attempted murder A. Robbery extortion
b. Consummated murder B. Corruption of public officer
c. Frustrated murder C. Indirect bribery
d. Serious physical injury D. Direct bribery
99. Duque, Liao and Du30 conspired to rob BDO in their 106. Conspiracy to commit rebellion, treason, murder,
secret safe house. While they are planning how to coup de’ tat. Which of the following is not punishable.
commit the crime, operatives of the NBI barged in and A. Rebellion
arrested the group. What crime was commited by B. Treason
them? C. Murder
a. No crime was committed D. Coup d’ etat
b. Under the facts no crime was committed as mere
conspiracy to commit a crime is not punishable. 107. It is a legislative act which inflicts punishment
c. Attempted robbery without trial. Its essence is the substitution of a
d. Frustrated robbery legislative act for a judicial determination of guilt.
100. A big fire razed a row of houses in a thickly A. Ex post facto

populated neighborhood. To prevent the spread of fire, B. Bill of attainder
some of the residents demolished several houses. C. Prospectivity
These persons are: D. Pro reo
a. Civilly liable but not criminally liable
b. Criminally and civilly liable

108. The following are justifying circumstances, except A. Dying Declaration
one. B. Res Gestae
A. Self-defense C. Hearsay
B. Accident D. Verbal Acts
C. Avoidance of greater evil
D. Defense of relative 117. The one who determines personally the existence
of probable cause in the issuance of a search warrant.
109. Abberatio Ictus means A. Fiscal
A. Mistake in identity B. Police officer
B. Mistake in the blow C. Judge
C. The act done is greater than what he intended D. Victim
D. Criminal intent
118. It is robbery or forcible depredation on the high
110. The conditio sine-qua non or indispensable seas, without lawful authority and done with animo
element in self defense. furandi and in the spirit and intention of universal
A. Provocation hostilities.
B. Unlawful aggression A. Mutiny
C. Reasonable necessity B. Terrorism
D. Irresistible force C. Piracy
D. High-Jacking
111. A with intent to kill pointed a gun to the latter but
got afraid to shoot the gun, commanded C to kill the 119. Animo Furandi means
latter. What is the criminal liability of A? A. Intent to steal
A. Principal by inducement B. Intention of universal hostilities
B. Principal by direct participation C. Shadows of the past
C. Conspirator D. Tailing or shadowing
D. Accomplice
120. Janeth Lim Napoles in connivance with the other
112. Aggravating circumstances which generally apply senators and persons, amasses, accumulates or
to all crises such as dwelling, nighttime, or recidivism. acquires ill-gotten wealth through combination of
series of overt and criminal acts of 200,000,000 pesos.
A. Specific What is the minimum aggregate amount of the ill-
B. Inherent gotten wealth in order for Janeth Lim Napoles be held
C. Generic guilty for the crime of Plunder?
D. None of these A. 200,000,000 Pesos
B. 100,000,000 Pesos
113. The process whereby the accused and the C. 50,000,000 Pesos
prosecutor in a criminal case work out a mutually D. 30,000,000 Pesos
satisfactory disposition on the case subject to the court
approval. 121. Charlemagne with intent to kill shot James using
A. Arraignment an unlicensed firearm as a result James died instantly.
B. Plea bargaining Now, future Criminologist what crime or crimes was
C. Preliminary investigation committed by Charlemagne?
D. Trial A. Homicide, the unlicensed firearm will be appreciated
only as an aggravating circumstance.
114. Minority is considered either as _________ B. Separate crime of Homicide and illegal possession of
circumstances. firearms under PD 1866 amended by RA 8294.
C. Murder, the use of unlicensed fire will be appreciated
A. A justifying or mitigating as a qualifying aggravation circumstance.
B. An aggravating or justifying D. Separate crime of Murder and illegal possession of
C. An exempting or mitigating firearm under PD 1866 amended by RA 8294.
D. An aggravating or exempting
115. This kind of aggravating circumstance is present 122. Escapo a bigtime prisoner of New Bilibid Prison,
when a person commits any of crimes against person, he escapes from the said penal establishment many
employing such means, methods or forms in the times. He planned again to escape and succeeded in
execution, without risk to himself arising from the escaping. Who among the following could arrest him?
defense which offended party might make.
A. Abuse of Superior Strength I. NBI agent
B. Cruelty II. PDEA agent
C. Alevosia III. Barangay Police
D. Ignominy IV. BuCor Correction Officer
A. I
116. Statement made by a person while a startling B. I, II
occurrence is taking place or immediately prior to C. I, II, III
subsequent thereto with respect to the circumstances D. I, II, III, IV
thereof, may be given in evidence as part of it and also
statements accompanying an equivocal act material to 123. Ms. Losing Candidate had joined many annual
the issue, and giving it a legal significance, my be beauty contests at their town and this time loses again
received as part of it. the said annual Beauty Contest. One of the judges

made a deal with Ms. Losing Candidate promising her C. Both Woman and Man
that if she will go date with him she will win the next D. Weak person
annual beauty contest. While on the act of
conversation the judge put his hand on the dress of 132. It is a crime committed when a married woman is
Ms. Losing inserting his finger to the vagina and taken away against her will with lewd design.
surprising Ms. Losing Candidate. What crime did the A. Forcible abduction
judge committed Mr. Criminologist? B. Consented abduction
A. Sexual assault C. Forcible seduction
B. Acts of Lasciviousness D. Qualified seduction
C. Seduction
D. Rendering unjust judgment 133. Purisima is chief of police in town of Antipolo. His
son Marquez committed murder whom he helped in
124. During a town fiesta Junboy and Hitomi were escaping by providing Marquez money and Car. Is
having a romantic moment, while walking together liable as an?
they meet James (Ex-Boyfriend) of Hitomi who is still
so in love with Hitomi upon chance of crossing their A. Accessory because his public functions
way James kissed the neck of Hitomi and utter words B. Accessory but exempted from criminal liability by
that he still loves her. What crime did James virtue of relationship
committed? C. Accomplice he abuses his public functions
A. Attempted Rape D. Accomplice but exempted from criminal liability by
B. Acts of Lasciviousness virtue of relationship
C. Seduction
D. Unjust Vexation 134. Joime, James, Michael and Pai a group of
teenagers. Every night they always engage themselves
125. Persons who aid the felons to hide away evidences in unruly beer sessions together with all the unpleasant
or profit from the fruits of the crimes are said to be. noises, like shouting and laughing. Let us assume that
A. Principals aside from making those noises they are also doing it
B. Accessories to annoy their sleeping neighbors. The crime of alarms
C. Accomplices and scandals may be charged against them because
D. Conspirators they involved themselves in charivari punishable under
paragraph 2 of article 155. What is charivari?
126. The ultimate fact or the or the fact to be A. It is a medley of discordant voices, a sock serenade
established is known as _____. of discordant voices nada on kettles, tin horns etc.
A. Factum Probandum designed to insult or annoy
B. Factum probans B. It sounds like a gay word or lingo so I will ask its
C. Ex post facto meaning to my gay friend Joime.
D. Subpoena Duces Tecum C. It is simply the act of any person who although not
productive of material harm would annoy another
127. People vs. Genosa was the landmark of what law? person
A. RA 9262 D. It is the act of people who are in need of attention
B. RA 9165 from others especially from the girls
C. RA 9995
D. RA 9344 LEA is a daughter of AMOR. Lea has in her
possession the Cellphone of Tidora.
128. Refers to resistance to a superior officer, or the
raising of commotions and disturbance on board a ship 135. Lea has the possession of cellphone of TIDORA.
against authority of the commander. Amor sold the cellphone of Tidora. Amor is liable for?
A. Mutiny A. Accessory
B. Piracy B. Accomplice
C. Espionage C. Harborer
D. Sedition D. Fencing
129. Whenever a new statute dealing crime establishes 136. Amor disposed the cellphone of Tidora. Amor is
conditions more lenient or favorable to the accused, it liable for
can be given a
A. Retroactive effect A. Accessory
B. Proactive effect B. Accomplice
C. Lenient effect C. Harborer
D. Benefit of the doubt D. Fencing
130. What offenses are subject to the jurisdiction of 137. Amor burnt the cellphone of Tidora to conceal
Barangay courts? Lea’s crime of theft. Amor is liable as:
A. Crime with a penalty of 1 year and below A. Accessory
B. Crime with a penalty of 2 years and below B. Accomplice
C. Crime with a penalty of 4 years and below C. Harborer
D. Crime with a penalty of 6 years and below D. Fencing
131. Sexual assault could be committed by? Alden was convicted for Homicide and was sentenced
A. Man to suffer an imprisonment from 14 years and 1 day to
B. Woman

17 years. While serving his sentence he was allowed to A. 15
escape from his cell. B. 2
C. 5
138. If the offender is the custodian of the convicted D. 10
prisoner what crime was committed?
A. Delivering prisoners from jail 147. The prescriptions of crimes under art 90 of the
B. Evasion of service RPC, as amended, covers only the crimes defined and
C. Infidelity in the custody of prisoners punished under the said code. Offenses which are
D. Other cases of evasion defined and penalized under special laws are treated
differently. The prescription thereof is governed by Act.
139. If the offender is not the custodian at the time of No. 3326, wherein as stated therein, acts in violation
the escape of said prisoner, what crime was of municipal, city ordinances prescribe in how many
committed? months?
A. Evasion of service A. 2 months
B. Delivering prisoners from jail B. 3 months
C. Infidelity in the custody of prisoners C. 4 months
D. Other cases of evasion D. 5 months
140. What is the liability of the convicted prisoner 148. A married man had sexual intercourse with
serving his sentence? another woman not his wife- The latter filed a case of
A. Evasion of service concubinage against the paramour of her husband
B. Delivering prisoners from jail only. Will the case prosper?
C. Consenting or conniving to evasion A. No
D. Evasion through negligence B. Yes
C. It depends
141. But if the detention prisoner conspires with the D. Possible
one letting his escape, said detention is liable for _____
as principal by indispensable cooperation. 149. Pre-trail conference in criminal cases is
A. Delivering prisoner from jail mandatory. One of the matters that should be taken
B. Delivering prisoners from jail during the said proceeding is stipulation and admission
C. Evasion of service of facts. The purpose of entering into a stipulation or
D. Evasion through negligence admission of facts is to what?
A. Ensure justice and fair play
142. What is the liability of the jail warden if the B. Making sure of facts
evasion of a prisoner should take place through his C. Expedite trial
negligence? D. corroborate either side party
A. Delivering prisoners from jails
B. Evasion through negligence 150. The right to bail is a matter of right except when
C. Reckless imprudence the accused is charged with a capital offense and the
D. Conniving with consenting to evasion evidence of guilt is what?
A. Enough
143. It is the way or method fixed by law for the B. Strong
comprehension and prosecution of persons suspected C. Divisible
or having committed a crime. It includes the imposition D. Determined
of penalty in case of conviction. What is it?
A. Criminal procedure 151. In the crime of adultery, the offender is the
B. Inquisitorial system married what?
C. Accusatorial system A. Man
D. Civil code B. Lover
C. Paramour
144. After arraignment, the accused failed appear in D. Woman
the subsequent trial dates. The trial can proceed even
in the absence of the accused and such situation is 152. The purpose of the habitual delinquency law is to
termed as what? confine the prisoner for a longer period of time for the
A. Absent accused purpose of protecting the?
B. Escaped accused
C. Trial in absentia A. Witnesses
D. trial on merit B. Victim
C. Complaint
145. In the case of evasion of sentence, the person D. Society
who escaped from it must have been convicted by final
judgment is serving what? 153. In habeas corpus proceedings, any person may
A. Destierro apply for a writ on behalf of the aggrieved party. The
B. imprisonment important issue in such a case is deprivation of one's?
C. Penalty A. Honor
D. Punishment B. Reputation
C. Liberty
146. How many years is the prescriptive period on D. Property
crimes punishable by correctional penalties (not
exceeding 6 years)

154. In criminal law, when one speaks of capital
offense, it connotes that an offense wherein the 162. The Philippines is at war with China. The President
imposable penalty when committed as charged is issued an order prohibiting the sending of letters to
what? China nor flight to the said enemy country. A, a Filipino,
A. Divisible despite such order rented a private plane going to
B. Indivisible China. While A was about to board the plane, he was
C. Prision mayor arrested by members of the aviation security group. Is
D. Reclusion perpetua A liable for a crime of flight to enemy country.
a. No, because he was just about to board when he
155. In criminal law, what is the other term for was arrested.
negligence? b. No, because he did not successfully reach Japan.
A. Culpa c. Yes, because mere attempt to flight is punishable
B. Dolo d. Yes, because mere intent to flight is punishable
C. Prohibita under the law.
D. Reclusion perpetua
163. BBM was convicted for a crime of robbery before
serving his sentence or while serving the same, he
156. In the prescription of an offense, the period of commited a crime of murder, what condition is said to
prescription shall start to run on the day on which the have occurred?
crime is what? a. Recidivism
A. Planned b. Reiteracion
B. Discovered c. Quasi-Recidivism
C. Filed d. Habitual delinquency
D. Investigated
164. A upon entry to the house of B took the jewelry
157. A induces B to kill C. B killed Cby means of in the cabinet using the key of the latter to unlock said
treachery. Should treachery be appreciated also cabinet. A is liable for:
against A, the principal by inducement? a. Theft
a. Yes, if he has knowledge that B killed C by b. Robbery
means of treachery. c. Possession of false key
b. Yes, because there was conspiracy d. Qualified theft
c. Yes, because when there is conspiracy, the
act of one is an act of all. 165. A with treachery killed B. Before leaving B’s lifeless
d. Yes because he is principal by inducement, so body, A took the necklace of B. B commited what
he is liable for all the acts of the principal by direct crime/s?
participation. a. Murder with theft
b. Murder and theft
158. If the accused refuses to plea the accusation c. Robbery with homicide
during arraignment, what will be the automatic plea to d. Robbery and homicide
be entered?
A. Denial 166. Atty. Ekis is a private lawyer. Due to the absence
B. Not guilty of the public prosecutor, he directs the prosecution of
C. Waiver the case. Is Atty. Ekis right in doing so?
D. Guilty a. Yes, because as a private lawyer of the offended
party he has authority to do so.
159. Panelo killed Roque by stabbing him from behind. b. Yes, because he represents the offended party.
Panelo called his brother-in-law Harry, and told the c. No, because he was not authorized in writing by the
latter that he killed Roque. Panelo asked Harry to bury Chief Prosecution Office or Regional State Prosecutor.
the cadaver of Roque to prevent discovery which he d. No, because only public prosecutor can prosecute
did. criminal offenses in all cases.
a. Harry is an accessory but is exempt from liability
b. Harry is an accessory and is liable 167. Patrolman Trillanes, authorized by a warrant of
c. Harry is an accessory but excused from liability arrest forcibly entered the house of a suspect after he
pursuant to art 22 of the Revised Penal Code was refused to enter. He successfully arrested the
d. Harry is an accomplice suspect. Is the act of breaking into the dwelling made
by Pat. Trillanes valid?
160. What kind of penalty shall be imposed if the a. No, it is an abuse in the service of warrant
offense was committed by a member or a person who b. No, because such act is in violation of the rights of
belongs to an organized syndicated crime group? the suspect to be secure over his property.
A. Maximum c. Yes, because such act is authorized by law
B. Minimum d.Yes, because even private individual making citizen’s
C. Minimum arrest can do so.
D. Death
168. A, was charged with murder. During the
161. When one speaks of capital punishment or crime arraignment, he pleaded guilty to a crime of homicide.
with afflictive penalties, said crime is categorized as? The same was accepted by the offended party and the
A. Less grave public prosecutor, such arrangement will amount to:
B. Serious a. Admission
C. Grave b. Extra-judicial confession
D. Culpable c. Plea bargaining

d. None c. A is not a quasi-recidivist because the second offense
is not a felony
169. A child was arrested in the act of committing d. B is not a quasi-recidivist because the second
theft, the child contested that he is only 15 years old offense was committed while still serving for the first
and presented a certified true copy of his birth offense
certificate issued by the PSA. Said PSA certificate of
birth is considered what kind of evidence? Boy is the offender. Girl is the victim
a. Original document 177. From the foregoing situation, suppose that Boy
b. Secondary evidence killed Girl. Girl is Boy’s illegitimate daughter. Girl is less
c. Parol evidence than 12 years old. What is the crime committed by Boy?
d. Hearsay evidence a. Parricide
b. Infanticide
170. X is an accused in a criminal case for rape. X tried c. Homicide
to settle the case with the family of the offended party. D. Murder
X’s act of settling the case is:
a. An offer of compromise and an implied admission of 178. From the foregoing situation, suppose that Boy
guilt killed Girl. The latter is Boy’s legitimate granddaughter.
b. An offer of compromise and is not an implied Girl is less than 12 years old. What is the crime
admission of guilt committed by Boy?
c. A quasi confession of guilt a. Parricide
d. An offer to settle the case to buy peace b. Infanticide
c. Homicide
171. Revised Rules on Evidence is AM No. ____ which D. Murder
took effect on _____.
a. A.M. No. 19-08-15-SC; May 1, 2020 179. From the foregoing situation, suppose that Boy
b. A.M. No. 19-80-15-SC; May 1, 2020 killed Girl. The latter is the former’s illegitimate
c. A.M. No. 19-15-08-SC; May 1, 2021 granddaughter. Girl is less than 12 years old. What is
d. A.M. No. 19-15-80-Sc; May 1, 2021 the crime committed?
172. Rules on the Use of Body-Worn Cameras in the a. Parricide
Execution of Warrants. b. Infanticide
a. A.M. No. 21-06-08-SC c. Homicide
b. A.M. No. 21-08-06-SC D. Murder
c. A.M. No. 21-60-08-SC
d. A.M. No. 21-06-80-SC 180. From the foregoing situation, suppose that Boy
killed Girl. The latter is the former’s legitimate
173. Judges-at-Large Act is: daughter. Girl is less than 3 days old. What is the crime
a. R.A. 11459 committed?
b. R.A. 11691 a. Parricide
c. R.A. 11549 b. Infanticide
d. R.A 11458 c. Homicide
D. Murder
174. Chinese warship was allowed entry and anchorage
into Subic Naval Base by the Philippine government. 181. A and B while walking towards home were
While anchored therein, a Chinese soldier murdered a approached by C. The latter who is armed with a gun
Filipino inside that warship. Which law should apply? declared hold-up while poking the said gun upon A. C
a. Chinese law demanded for their wallet and gave the same to him
b. Philippine law for fear of their lives. C with intent to gain, employed
c. Both Chinese and Philippine law intimidation in taking the personal property of A and B.
d. None of the above What crime is committed by C.?
a. Theft
175. A with intent to kill, fired a revolver at B. He b. snatching
inflicted a fatal wound but A brought B to a hospital c. Robbery
and due to timely medical assistance B survived. What d. Grave Threat
crime did A commit?
a. physical injuries 182. A entered the house of B by breaking the main
b. attempted felony door. Once inside, A with intent to gain took the
c. frustrated felony Television. A is liable of what crime?
d. no criminal liability a. Robbery
b. Theft
176. A was convicted by final judgment of theft. While c. Malicious mischief
serving sentence for such offense, A was found in d. snatching
possession of an unlicensed firearm and was
correspondingly charged and convicted accordingly for 183. Suppose A entered the house through the main
such violation. Is A a quasi-recidivist? door without breaking it since it was left unlocked and
a. A is a quasi-recidivist because he was serving thereafter took the Television of B. A is liable of a crime
sentence when found in possession of an unlicensed of.
firearm a. Robbery
b. A is not a quasi-recidivist because the offense for b. Theft
which he is serving sentence is different from the c. Malicious mischief
second offense d. snatching

c. To remain silent
9. What if A entered the house through the main door d. To be protected from irrelevant questions
without breaking it since it was left opened and
thereafter took the Television, however, when he is 192. X went to the United States. While he was there,
supposed to leave, B arrived, thus A was forced to pass encountered Y an American. They eventually got
at the back door which was locked by breaking it. A is married. When X returned to the Philippines, his wife Z
liable of what crime? filed an action against him for violating their marriage.
a. Robbery What is X liable to?
b. Theft a. Adultery
c. Malicious mischief b. Bigamy
d. snatching c. Concubinage
d. No Crime
184. Suppose A entered the house through the
main door by opening it with the use of an ATM card 193. Leave of Court is required to amend a complaint
to open the door lock without breaking it. Upon entry or information before arraignment if the
he took the LCD Television. A is liable of a crime of? amendment_______________.
a. Robbery a. Downgrades the nature of the offense from a higher
b. Theft to a lower offense or excludes any accused
c. Malicious mischief b. Downgrades the nature of the offense from a higher
d. Robbery with Theft to a lower offense and adds another accused
c. Upgrades the nature of the offense from a lower to
185. The pig of A entered in the farm of B and a higher offense and excludes any of the accused
destroyed the mongo crop of the latter. As a d. Upgrades the nature of the offense from a lower to
consequence, B got furious, thus, he hacked the pig a higher offense and adds another accused
with a bolo. The pig dies as a result.
194. Facts already known or ought to be known by
186. What crime is committed by Mang Rodrigo? judges by reason of their office and of which they may
a. theft properly take and act without proof are matters called:
b. property damaged a. Privileged communication
c. malicious mischief b. Judicial notice
d. robbery c. Pleadings
d. Judgment
187. Supposing that after killing the pig, B makes use
of its meat by keeping it in his refrigerator and cooked 195. A petition for the grant of absolute or conditional
some. What crime is committed by B? pardon shall be favorably endorsed to the Board by
a. theft the________ if the crime committed by the petitioner
b. property damaged is against national security.
c. malicious mischief a. Secretary of Foreign Affairs
d. robbery b. Secretary of Justice
c. Secretary of National Defense
188. Suppose it was a horse that destroyed the d. Secretary of the Interior and Local Government
mongo crops of B. What crime committed by B?
a. theft 196. A private individual to be considered an
b. malicious mischief accessory, the author of the crime must be guilty of
c. Violation of Anti-Cattle Rustling Law any of the following, EXCEPT:
d. robbery a. Murder
b. Treason
189. Suppose after killing the horse B makes use c. Parricide
of its meat by keeping it in his refrigerator and cooked d. Infanticide
some, what crime is committed by B?
a. theft 197. The following are cases covered by rules on
b. malicious mischief summary procedure, EXCEPT:
c. Violation of Anti-Cattle Rustling Law a. Where the penalty is six months imprisonment
d. robbery b. Violation of traffic laws
c. Violation of rental laws
190. Which of the following is not an element of d. Where the penalty exceeds six (6) months
malicious mischief? imprisonment
a. The damage was caused inadvertently
b. The damage caused does not fall within the 198. Complaint or Information shall charge only one
provisions of arson offense. This is the rule on:
c. The offender has caused damage to the property of a. Duplicity of offense
another b. Complex crime
d. The damage was caused deliberately c. Compound crime
d. Continuing crime
191. The following are rights of a witness under the
rules of court EXCEPT: 199. It is that system of criminal procedure which is
a. To be examined only as to matters pertinent to the conducted either at the initiative of the public
issue prosecutor or the offended party and the right to
b. Not to give an answer which will tend to subject him appeal is limited to the defense and the accused is
to a penalty of an offense presumed innocent.

a. inquisitorial 207. When the evidence presented in court during trial
b. mixed by the State and the accused are of equal weight,
c. accusatorial which will prevail?
d. fixed A. It depends
B. Accused
200. Is that which in a case the resolution of which is C. State
a logical antecedent of the issue involved therein, and D. None
the cognizance of which pertains to another tribunal.
a. Prejudicial question 208. Bravo, a sexual pervert failed to have sex for a
b. Inquest proceeding month. However, in order to preserve for his birthday
c.Preliminary investigation his `manoy’ by sexually abusing Chery, a losing
d. Custodial investigation candidate for miss Barangay, he used his middle and
ring finger in he penetrating the genitals of Chery.
201. Under the rules of court, the lifetime of a search What crime is there?
warrant is how many days from its date? A. Somody
A. 5 B. No crime
B. 10 C. acts of lasciviousness
c. 20 D. rape
D. 8
209.À’ , `B’ and `C’ are prison guards who escorted
202. The accused pleaded guilty when arraigned. `D’ in attending a court hearing in Malabon city.
However, since the charge is a capital offense, the Arriving too early in the court room, À’ and `B’ went
court directed the prosecution to present its star to a nearby restaurant to have a coffee. When `D’ was
witness. In the middle of the testimony of the being watched by `C’ only. `D’ and his cohorts
eyewitness, the accused changed his mind and succeeded in escaping. The said prison guard can be
requested the trial court to allow him to change his plea held liable for what crime?
of `guilty’ to `not guilty’. Is it legal? A. Conniving with prisoner
A. No B. Consenting to evasion
B. possible C. Illegal break time
C. it depends D. Evasion through negligence
D. yes
210. In self-defense, from whom shall the unlawful
203. What do you call the wooden hammer like aggression come from?
instrument being used by judge during hearings? A. Defender
A. Gavel B. Victim
B. shaver C. none
C. swivel D. other person
D. mallet
211. Generally, our criminal laws are applicable only
204. À’ and `B’ are best of friends. To seal their within the Philippines territory. However, there are
mutual agreement that come what may they will help instances wherein our penal laws maybe operative
each other until death- they sealed their covenant with even in foreign countries. It is what we call as?
their own blood. Frustrated because his sweetheart left A. None
him, `B’ asked À’ to push him immediately before the B. Extraterritoriality
train passes near their house and as a result `B’ died. C. universally
Best friend A’ for a job well done. What is the crime D. Internationality
committed? 212. Since there is no death penalty to be imposed
A. Assisted in killing today, what is now the most severe penalty that carries
B. Giving assistance to suicide loss of freedom of liberty?
C. Death under tumultuous affray A. Life imprisonment
D. No crime at all B. distierro
C. prision correctional
205. The loss or forfeiture of the right of the State the D. prision mayor
state to prosecute the offender after the lapse of a
certain period of time fixed by law is called what? 213. In the Philippines, there are several courts of law.
A. Prescription of the crime What is the example of `second level’ courts?
B. Prescription of the penalty A. Supreme Court
C. Estoppel B. Metropolitan Trial Court
D. Waiver C. Court of appeals
D. Regional Trial Courts
206.The loss or forfeiture of the right of the
government to execute the final sentence after the 214. Conspiracy and proposal to commit rebellion is
lapse of a certain time fixed by law is called prescription punishable by law under Art.136 of the RPC. To be
of? liable, is there a need to have a public uprising?
A. Penalty A. Yes
B. Sentence B. It depends
C. crime C. no
D. Execution D. possible

215. Motion to dismiss, motion to quash and demurrer 222. In the classification of crimes according to nature,
to evidence are remedies in the court of justice wherein whether "mala in se’ or `mala prohibita’. In the former,
the main objective is to what? what is the indispensable requirement, if there is any?
A. Put an end to the case A. Intent
B. Action to be taken by the party B. Nature
C. Ensure there is justice C. accidental
D. Determine the winner D. none
216. In order to avoid effective prosecution, the NPA 223. When in court, everyone including the police
members, when apprehended, use various aliases in officers are under obligation to show respect and
order not to reveal their true reveal identities. They do dignity to the court by always addressing the presiding
not have with them any document that will identify judge as what?
them. One day, twenty armed members of the said A. Your Honor
group raided a town hall and after killing all policemen B. Your majesty
there and before escaping took all the firearms of the C. Justice
deceased cops. The responding cops from the D. Sir
neighboring towns filed charges against those people
using John Doe as their names. The court issued 224. 'A' was charged with homicide and after 10 years
warrant for their arrest all in the name of John Does. of litigation, he was convicted and sentenced to suffer
Is that warrants of arrest legally valid even if the names 18 years of imprisonment and a civil damage of
indicated therein are merely John Does? P100,000.00. While on appeal, he died of Tuberculosis.
A. Yes His death ended the imprisonment penalty. How about
B. It depends the civil liability?
C. No A. The obligation continues unless waived
D. possible B. Still with obligation
C. It depends on the outcome of the appeal
217. An accused's right to speedy trial is deemed D. No more obligation
violated only when the proceeding is attended by
vexation, capricious and oppressive what? 225. What is this stage of the proceeding in court
A. Petitioner wherein the decision of the court in a case is being
B. Delays `read’ in open court of a court personnel?
C. warnings A. Promulgation
D. motions B. arraignment
C. imposition
218. Under the penal laws, is virginity an essential D. determination
element or requisite in forcible abduction?
A. Yes 226. Contracting a second or subsequent marriage
B. It depends before the former marriage has been legally dissolved
C. no is what crime?
D. possible A. Bigamy
B. simulation
219. Jurisdiction is the legal authority of the courts or C. none
judicial bodies to try or hear cases be it criminal, civil D. usurpation
or administrative. Jurisdiction is derived from the latin
words `juris’ and `dico’ which means what? 227. Under the rules on summary procedure, how
A. Amen, I say to you court many days is allowed for the courts to render
B. You hear me judgment?
C.I speak of law A.30
D. reformation B.15
C.40
220. In the prosecution of crime particularly in the D.20
imposition of penalty, what kind of penalty has the
purpose to serve as example to the public to deter 228. Insurrection as one of the crimes against public
others from committing the same? order, the principal objective of the movement is not to
A. Exemplary overthrow the government but to effects what kind of
B. Prevention change in the government?
C. Retribution A. Minor
D. Reformation B. Specific
C. general
221. An accused was convicted and was sentenced to D. major
suffer 6 months to 4 years imprisonment. Unconvinced
of the decision he appealed but at the same time 229. In the study of criminal laws, specially laws
applied for probation. Will the application for probation outside RPC, is a good faith in committing a crime
prosper? against a special penal law a defense?
A. Yes A. Yes
B. It depends B. It depends
C. no C. no
D. possible D. maybe

230. While inside SM Subic, À’ stole an expensive A. 3
watch in a jewelry store and `B’ without knowing that B. 1
the said watch was stolen property, purchased it from C. 4
À’ and while on the way out, `B’ was caught. What D. 2
crime shall be charged against `B’ if there is any?
A. Theft 238. Generally, what is the nature or category of police
B. Anti-Fencing Law officers on rendering court duties?
C. none A. Prosecution witness
D. Estafa B. Defense witness
C. judicial allies
231. A couple had a bitter quarrel, running after his D. agents of justice
wife, the husband was seen by their son and the latter,
in order to stop his father from hurting his mother, hit 239. In crimes against chastity, like act of
his mother with a piece of wood fracturing his skull and lasciviousness, is relationship of the offender to the
causing his death. The son was charged with parricide. victim considered an aggravating circumstance?
This is a classic sample of what kind of defense? A. Yes
A. Complete defense of mother B. It depends
B. None of these C. no
C. Defense of relative D. possible in cop
D Incomplete self defense
240. Which of the following is an APA?
232. In criminal law, in order to validly invoke A. Governor
exempting circumstance, there must be absence of B. Barangay Baptain
what on the part of the invoker? C. Barangay tanod
A. Malice D. Mayor
B. Freedom
C. Necessity 241. Under existing laws, office is required to conduct
D. aggravating preliminary investigation on public officers and
employees?
233. Under Art. 125 of RPC, how many hours shall a A. NBI/DOJ
cop deliver or file a case at the prosecutor's office or B. Sandiganbayan
municipal judge in crimes punishable with light C. Office of the Ombudsman
penalties? D. State Prosecutors Office
A. 8
B. 6 242. Evidence which affords the certainty of the fact in
C. 12 question is the greatest
D.18 A. Prima facie
B. Primary
234. Mutiny and piracy are practically the same. The C. Secondary
only difference is that in Mutiny, the offenders are D. Tertiary
passengers or crew members while in piracy, the
attackers are what to the vessel? 243. Which of the following is NOT continuing offense?
A. crew member A. Estafa
B. officer B. Falsification
C. Passenger C. Libel
D. strangers D. Kidnapping
235. The mental capacity of a minor to fully appreciate 244. Republic Act 4200 is the law which penalizes:
the consequences of his unlawful act, which capacity A. illegal possession of firearms
maybe known and should be determined by taking into B. fencing
account all the facts and circumstances afforded by the C. hazing
records in each case is what we call? D. wire-tapping
A. Incapacity
B. Culpability 245. The date of effectively of the Revised Penal Code
C. discernment is January 1, _____.
D. determination A. 1932
B. 1933
236. The crimes of piracy and brigandage are qualified C.1923
and provided with greater penalties if this crime is also D. 1934
committed on the occasion of the said crimes. Which
of the herein crimes is that? 246. When by simultaneous acts a person cooperates
A. Robbery in the execution of an offense, he is the term as?
B. Grave slander A. Best evidence
C. Rape B. A perpetrator
D. estafa C. An accomplice
D. A conspirator
237. In searching domicile under Art. 130 of the RPC,
if owner of the house or any member of the family is 247. What matter is being determined in preliminary
not around. How many witnesses residing in the area investigation?
are required in order to have a valid search? A. Judgment against the accused

B. Residence of the accused II. In consideration of a price, reward or promise
C. Conviction of the accused III. The crime is committed in broad daylight
D. Existence of probable cause IV. With evident premeditation
V. by stranding of a vessel
248. If writing is offered to prove its contents, its A. I, II, IV, V
original must be presented. This is the evidence rule B. I, II, III, V
A. Prima facie C. I, III, IV, V
B. Primary D. I, II, III, IV
C. Secondary
D. Tertiary 257. Which of the following is an exempting
circumstance?
249. The following are considered alternative A. who had no intention to commit so grave a wrong
circumstances EXCEPT: as that committee
A. Degree of intoxication B. who acts under the compulsion of an irresistible
B. Habitual education force
C. Degree of Instruction C. who acted with abuse of confidence or obvious
D. Relationship ungratefulness
D. in contempt of public authorities
250 Under the Revised Penal Code, any person who
shall interpret dreams, make forecasts or tell fortunes 258. When offered evidence is not objected, such
for profit or take advantage of the credulity of the failure to object amounts to.
public in similar manner may be held liable for: A. A waiver
A. Fortune-telling B. A denial
B. Other deceits C. An admission
C. estafa D. A deferment
D. malicious mischief
259. The following are the elements of the crime of
251. The acts or omissions complained of as light coercion:
constituting the offense is known as the: I. The offender is a creditor
A. Requisites II. The offender is a debtor
B. Complaint III. He seizes anything belonging to his debtor for the
C. Elements purpose of applying the same to the payment of debt
D. Cause of the accusation IV. The seizure was made with violence or display of
material force producing intimidation
252. The degree of proof required in criminal cases to A. I, II, IV
convict the accused is: B. II, III, IV
A. Moral certainty C. I, II, III
B. Preponderance of evidence D. I, III, IV
C. Proof beyond reasonable doubt
D. Substantial evidence 260. The following may be held liable for qualified
seduction EXCEPT:
253. A person who has killed the paramour of his wife A. Nun
after he caught them having sexual intercourse is B. Guardian
penalized by: C. House servant
A. Civil interdiction D. Teacher
B. Prison correctional 261. Possession of stolen property is evidence of
C. Arresto mayor fencing.
D. Destierro A. Prima facie
B. Direct
254. The following are special aggravating C. Indirect
circumstances which will increase the penalty in the D. Circumstantial
crime of violation of domicile EXCEPT:
A. If effects not constituting a crime be not returned 262. The disposition of the court regarding the
immediately after the search culpability of the accused in the including the penalty
B. Nighttime to be imposed is known as:
C. Dwelling A. Termination
D. If papers not constituting a crime be not returned B. Order
immediately after the search C. Judgment
D. Motion
255. What do you call the quantum of evidence which
a reasonable mind might accept as sufficient to justify 263. Republic Act 8177 is otherwise known as the law
a conclusion? designating:
A. Substantial A. Crimes as heinous
B. Proper B. Certain acts as constituting hazing
C. Appropriate C. Cases with the jurisdiction of the MTCS
D. Adequate D. Lethal injection
256. The following aggravating circumstances will 264. The motion for leave of court to file demurrer to
qualify the crime to murder: evidence shall be filed within period of 5 days after the
I. Employing means to weaken the defense prosecution rests its case.

A. a non-extendible
B. the extra 273. A hired B as an employee and in the contract of
C. the required employment the salary of B was pegged at 100K a
D. an extendible month. Later A refused to pay B 100K because
according to him, he and B had a verbal agreement
265. The following persons are included in the term that B’s salary is conditional in that if the business did
"vagrants": not turn well then the supposed salary of B would only
I. an idle person who lodges in houses of ill- fame 50K a month only. Under the facts, A cannot introduce
II. One who habitually associates with prostitutes in court such a verbal agreement over the objection of
III. Prostitutes B that such verbal agreement is a violation of what
IV. Pimps rule?
V. Ruffians a. Parol Evidence
A. I, II, III, V b. Parol Evidence Rule
B. I, II, IV, V c. Parole Evidence Rule
C. I, III, IV, V III II II d. Evidence Aliunde
D. I, II, III, IV 11 I
274. A is accused B is the officer of the law and C is
266. The sureties may arrest the accused for the the lawyer and D is the alleged witness. A was brought
purpose of to the police station for questioning regarding a certain
A. Arresting him. crime. What is the meaning if he opted to remain
B. Investigating silent?
C. Surrendering
D. Castigating a. He is only invoking his constitutional right to
267. The following are crimes classified as physical remain silent
injuries EXCEPT: b. His remaining silent is an admission by silence
A. Abortion c. His silence may be considered as an implied
B. Mutilation admission of guilt
C. Serious physical injuries d. His silence will be considered as a
D. Maltreatment representation to the police that he was mute and he
cannot thereafter be allowed to speak because he will
268. What do you call the written record of the court be under estoppel
proceedings made by the official stenographer?
A. Record 275. From the foregoing, why is A allowed to remain
B. Transcript silent?
C. Entry a. because A was already under custodial investigation
D. Blotter b. because A was not under custodial investigation
c. because A is a deaf mute
269. What law punishes graft and corrupt practices in d. because A is actually guilty
the Philippines?
A. R.A 3019 276. Crimes where mere conspiracy is already
B. R.A 9130 punishable.
C. R.A 9136 I. Treason, rebellion or insurrection
D. R.A 9163 II. Parricide, murder and infanticide
III. Sedition, terrorism and arson
270. If the victim is a child and the offender is an adult, e. Piracy and mutiny
the aggravating circumstance is –
A. superior strength a. 1 and 3
B. treachery b. 2 and 4
C. employing means to weaken the defense c. 1, 2 and 3
D. evident premeditation d. 2, 3 and 4
271. What is known as the existence of the highest 277. The following persons are authorized to conduct
order because it speaks more truthfully than a hundred preliminary investigation, EXCEPT:
witnesses? a. Judges of Metropolitan Trial Court
a. Physical or Object Evidence b. Provincial and City Prosecutors and their
b. Secondary Evidence assistants
c. Testimonial Evidence c. National and Regional State Prosecutors;
d. Documentary Evidence d. None of the above
272. Which of the following will make the evidence 278. It is the rule which states that if the inculpatory
incompetent? facts and circumstances are capable of two or more
a. evidence obtained in accordance with the interpretation, one which is consistent with the
Constitution innocence of the accused and the other consistent with
b. evidence obtained in accordance with the law or his guilt, or they are evenly balanced. The
statute constitutional presumption of innocence should tilt the
c. evidence obtained in accordance with the Rules of scale in favor of the accused and he must be acquitted.
Court a. Equipoise rule
d. evidence not in accordance with the law, the b. Presumption of guilt
Constitution, the Rules of Court such as evidence c. Hornbook doctrine
extracted through tortures and third-degree methods d. due process of law

a. 60 days
279. Unless shorter period is provided by special law or b. 365 days
Supreme Court Circular, the arraignment shall be held c. 180 days
within ___ days from the date the court acquires d. 150 days
jurisdiction over the person of the accused.
a. 30 days 287. The trial of a case cannot be made in absentia in
b. 10 days the following circumstance/s:
c. 15 days a. at the arraignment and plea
d. 5 days b. during the trial whenever necessary for
identification purposes
280. When the complaint is vague, the accused may c. at the promulgation of sentence, unless for a
file a motion alleging among others the defect of the light offense
complaint or information and the details desired in d. all of the choices
order to enable him to properly answer and prepare for
trial. This motion is known as: 288. The order of trial is:
a. motion for bill of particulars a. Prosecution, accused, rebuttal and sur-
b. motion for clarification rebuttal
c. motion to dismiss b. Prosecution, cross, redirect, re-cross
d. motion for postponement c. Direct, cross, re-cross, re direct
d. Direct, cross, rebuttal, and sur-rebuttal
281. When bail is discretionary?
289. Refers to items such as dolls, puppets, drawings,
a. Upon conviction by the RTC not punishable by mannequins or any other appropriate demonstrative
reclusion perpetua or life imprisonment. device to assist him in testimony.
b. Upon conviction by the RTC exceeding 6 years a. Testimonial aids
but not more than 20 years who is a recidivist. b. Emotional security items
c. Upon conviction by the RTC exceeding 6 years c. support
but not more than 20 years when there is undue risk d. none of these
that he may commit another crime during the
pendency of the appeal. 290. After the prosecution rests its case, the accused
d. Upon conviction by the RTC exceeding 6 years person may move for the dismissal of the case through:
but not more than 20 years who has previously a. on its own initiative after giving the
escaped from legal confinement. prosecution an opportunity to be heard.
b. Demurrer to evidence
282. When the complaint is vague , the accused may c. motion for reconsideration
file a motion alleging among others the defect of the d. motion for new trial
complaint or information and the details desired in
order to enable him to properly answer and prepare for 291. Judgment becomes final when?
trial. This motion is known as: a. the period for perfecting an appeal lapsed.-
15 days
A. motion for bill of particulars b. when the sentence is partially of totally
B. motion for clarification satisfied or served.
C. motion to dismiss c. when the accused waived in writing his right
D. motion for postponement to appeal.
d. when he applied for probation
283. It is one of the grounds for motion to quash. It is e. all of the choices
the danger of being prosecuted for the same offense
for the second time. 292. Prescription of offense commences to run:
A. double jeopardy a. Upon discovery of the crime by the offended
B. double trial party or peace officers or their agent.
C. double trouble b. Upon filing of cases in court.
D. double counter c. Upon escape of the accused.
d. Upon re-appearance of the accused.
284. Provisional dismissal of offense punishable by
imprisonment not exceeding six years or a fine of any 293. Property subject of search and seizure, EXCEPT?
amount or both shall become permanent after ____. a. Subject of the offense
A. one year b. Stolen or embezzled and other proceeds or
b. 2 years fruits of the offense
c. 5 years c. Used or intended to be used as the means of
d. 4 years committing an offense
d. Firearm
285. The trial of a case shall commence within ___ days
from receipt of the pre-trial order? 294. What is the effect of death of the accused in civil
A.30 days actions?
B.15 days a. It extinguishes the civil liability arising from
c.20 days delict.-
d.60 days b. Independent civil action instituted may be
continued against the estate or legal representative of
286. The trial court has how many days from the first the accused.
day of trial to terminate the same?

c. If the accused dies before arraignment, the or merely thought of or contemplated mentally,
case shall be dismissed without prejudice to any civil without externalized acts. It is necessary to establish
action the offended party may file against the estate of that the accused meditated on his intention between
the deceased. the time it was conceived and the time the crime as
d. all of the choices actually perpetrated. From among the following
aggravating circumstances, what is being described?
295. The accused may question the legality of his A. Employing means to weaken the defense
arrest ___ otherwise the said accused could no longer B. Evident premeditation
question the same and that the arrest is presumed by C. Treachery
the court as valid. D. Superior strength
a. before arraignment
b. before conviction 302. Killing of a child is Murder qualified by treachery,
c. before preliminary investigation even if the manner of attack was not shown. This
d. before trial statement is –
A. Correct
296. Amendment without leave of court before the B. Incorrect
accused pleads (b4 arraignment) is allowed by the C. Partially correct
Rules of Court under the following instances EXCEPT: D. Partially incorrect
a. amendment as to substance
b. amendment as to form 303. Pedro and Juan agreed and decided to commit
c. amendment that reflects typographical error Robbery in the house of Maria. On the following day,
d. amendments to downgrade the nature of the Pedro and Juan told Pepe about the plan and asked
crime Pepe to drive them to the house of Maria. Pepe drove
Pedro and Juan to the house of Maria where Pedro and
297. One of the requisites in order that one of the Juan committed Robbery. Is Pepe liable? If so, what is
accused may be discharged in order to be state witness his liability?
is that A. Yes, as a principal
a. Said accused does not appear to be the most B. No, there is no liability at all
guilty C. Yes, as an accomplice
b. Said accused does not appear to be least D. Yes, as an accessory Prohibiting the
guilty
c. Said accused must not appear to be guilty 304. On June 24, 2006, President Gloria M. Arroyo
d. Said accused must appear to be innocent as signed An Act prohibiting the IImposition of Death
charged Penalty in the Philippines.
A. Republic Act 9344
298. P.D. 1508 Law is repealed by the RA 7160 Local B. Republic Act 9346
government Code of 1991. Under the said code, the C. Republic Act 9165
Lupon of each barangay shall have authority to bring D. Republic Act 9272
together the parties actually residing in the same city
or municipality for amicable settlement where the 305. It is crime committed by a judge who knowingly
offense committed is punishable by imprisonment issued an unjust order which decides some point or
exceeding one (1) year. This statement is: matter but which however, is not a final decision of the
a. absolutely true matter in issue:
b. partly true a. Knowingly rendering unjust judgment
c. absolutely false b. Judgment rendered through negligence
d. partly false c. Unjust interlocutory order
d. Malicious delay in the administration of justice
299. Which of the following does NOT qualify the crime
of Piracy? 306. When fire is used with intent to kill a particular
a. Whenever the pirates have seized the vessel person who may be in a house and that objective is
on the high seas or in Philippine waters attained by burning the house, the crime is .
b. Whenever the pirates have seized a vessel by A. Murder only
boarding or firing upon the same. B. Arson with Homicide
c. Whenever the pirates have abandoned their C. Arson only
victims without means of saving themselves. D. Homicide with Arson
d. Whenever the crime is accompanied by
murder, homicide, physical injuries, or rape. 307. Kupal is a Japanese citizen who had resided in
Pangasinan for 30 years. When Japan declared war
300. Mr. Bandido was convicted for a crime of robbery against the Philippines, Kupal and his numerous
before serving his sentence or while serving the same Japanese friends attacked a Military detachment
he committed a crime of murder. What condition is said manned by Filipino soldiers. What crime did Kupal
to have occurred? commit?
a. recidivism A. Rebellion military
b. reiteracion B. Treason
c. quasi-recidivism C. Espionage
d. habitual delinquency D. Levying war
301. It is required that the criminal intent be evidenced 308. Any public officer who is entrusted with law
by notorious acts evincing the determination to commit enforcement who refrains from arresting or
the same. It must be evident and not merely suspected prosecuting an offender who has committed a crime

punishable by reclusion perpetua and/or death in
consideration of any offer, promise, gift or present. 317. Imbecility is exempting in all cases while insanity
a. bribery is not if the offender committed the crise during a lucid
b. direct bribery interval. This statement is correct.
c. qualified bribery A. False
d. indirect bribery B. True
C. Partly true
309. This is committed by an accountable public officer D. Partly false
who, shall appropriate, or shall misappropriate or shall
consent, or through abandonment or negligence shall 318. Crimes committed within the territorial water of
permit another person to take public funds or property. another country can either be triable in that country or
a.Direct bribery in the country where the vessel is registered. What rule
b.Technical malversation provides that a crime committed on board vessel shall
c.Malversation of public funds be NOT be tried in the court of the country having
d.Embezzlement territorial jurisdiction, unless their commission affects
the peace and security of the territory or the safety of
the state is endangered?
310. The following are considered in determining the a. French Rule
sufficiency of the information EXCEPT: b. American Rule
A. Name of the clerk of court c. Spanish Rule
B. Acts complained of d. English Rule
C. Designation of the offense
D. Date of commission of the offense 319. Intellectual property violations is defined and
penalized under Republic Act
311. Maltreatment of prisoners is qualified if the A. 9346
purpose is to extort: B. 8551
A. A confession C. 8293
B. Ransom D. 7695
C. Evidence
D. Money 320. How do you call an offender who within a period
of ten (10) years from the date of his release or last
312. The Bouncing Checks Law is covered by the rules conviction of the crimes of Serious Physical Injuries,
on: robbery (robo), Theft (hurto), Estafa or falsification is
A. Regular procedure found guilty of any of the said crimes a third time or
B. Pro-trial offener?
C. Preliminary investigation a. Recidivist
D. Summary procedure b. Quasi recidivist
c. Reiteration
313. If no appeal is made, a judgment becomes final d. habitual delinquent
after how many days from its promulgation?
A. 30
B. 15 321. What law established the period of proscription
C. 20 for violations penalized by special acts?
D. 60 A. Act No.3326
B. R.A 7659
314. At present, one of the following is NOT authorized C. R.A 7691
to conduct preliminary investigation D. Act no. 3815
A. Prosecutor
B. Judges 322. Aside from making an affidavit, perjury may be
C. Assistant city prosecutor committed by:
D. State prosecutor A. Falsifying a document
B. Testifying under oath
315. This is committed by any public officer who shall C. Making false entries
solicit or make immoral advances to a woman under D. Making untruthful statements in a narration of facts
his custody or to other women like the wife, daughter,
sister or relative within the same degree by affinity of 323. Jurisdiction over the _______ is conferred only by
any person in the custody of a warden or officer. law.
a. Sexual harassment A. Court
b. Abuses against chastity B. Parson of the accused
c. Acts of Lasciviousness C. Subject matter
d. Abuse of authority D. Offended party
• 316. Which of the following crimes does not 324. The employment of such ways and means to catch
operate as an absolutory cause which could serve as a perpetrator in the act of committing an offense is
an exemption against members of the family from called:
criminal ability in crimes against properties? A. Investigation
a. Robbery B. Surveillance
b. theft C. Interrogation
c. malicious mischief D. Entrapment
d. estafa

325. 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 334. If a private person removes a person confined in
waited for B and shot him but killed C instead. In so far jail or penal institution or helps in the escape of such
as B is concerned, the crime committed by A is: person by means of violence, intimidation, bribery or
a. Attempted murder any other means, the crime committed is:
b. frustrated murder a. Evasion of service of sentence
c. illegal discharge of firearm b. Infidelity in the custody of prisoner
d. all of these c. Delivery of prisoner from jail
d. corruption of public official
326. The following are crimes against the fundamental
laws of the state EXCEPT: 335. The application for search warrant may be filed
A. Abuse in the service of search warrants with the following, EXCEPT:
B. Arbitrary detention a. Any court within whose territorial jurisdiction
c. Alarms and scandal a crime was committed.
D. Interruption of religious worship b. Any court within the judicial region where the
crime was committed
327. Which of the following statements is wrong? c. Any Regional Trial Court in the Philippines
A. A child over 9 and under 15 years of age is exempted d. Any Court within judicial region where the
from criminal liability warrant shall be enforced
B. A person over 18 but under 70 years of age has full
criminal responsibility 336. When the testimony of a witness is to the effect
C. A person over 70 years of age committing a felony that he did not see or know the occurrence of a fact,
is entitled to mitigating circumstance such testimony is said to be evidence.
D. A child under 15 years of age has criminal liability A. Negative
B. Documentary
328. What do you call the aggravating circumstance C. Positive
which applies to all crimes? D. Written
A. Generic
B. Inherent 337. Relevancy is one of the requisites for admissibility
C. Specific of evidence which means that evidence must have such
D. Qualifying relation to the fact in issue as to induce belief in its
existence or non-existence. The other requisite is
329. Infractions of mere rules of convenience designed ____________?
to secure a more orderly regulation of the affairs of the a. That is should not be excluded for by law.
society. b. That it is material to the facts in issue
a. mala prohibita c. That it is credible
b. mala in se d. That it is the best evidence
c. private crimes
d. public crimes 338. Court shall take judicial notice, without the
introduction of evidence of the following, EXCEPT:
330. It operates to reduce the penalty by one to two a. Matters of Public Knowledge-
DEGREES depending upon what the law provides and DISCRETIONARY JUDICIAL NOTICE
cannot be offset by any aggravating circumstances. b. The measure of time
a. Mitigating Circumstances c. Law of nations
b. Exempting circumstances d. Law of nature -MANDATORY JUDICIAL
c. Ordinary Mitigating Circumstances NOTICE
d. Privileged Mitigating circumstances
331. Evidence which will prove the same point but of a 339. The following are elements of abortion practiced
different kind pursuant to the Rules is known as by a woman herself or by her parents:
evidence I. there is a pregnant woman who suffered an abortion
A. Cumulative II. The abortion is intended
B. Pertinent III. It is caused by the woman herself
C. Corroborative IV. It is caused by any other person, with her consent
D. Relevant A. I, II, III, IV
B. I, II, IV
332. A criminal action is instituted in chartered cities by C. I, III, IV
filing the complaint with the. D. I, II, III
A. Office of the prosecutor
B. Peace officer 340. Court may take judicial notice of the following in
C. Court exercise of its discretion, EXCEPT.
D. Sheriff a. The geographical divisions – MANDATORY
JUDICIAL NOTICE
333. What crime is committed if the unlawful taking of b. Matters which are of public knowledge;- pgh
personal property belonging to another is committed – taft
with grave abuse of confidence? c. Matters capable of unquestionable
a. Robbery demonstration; or – SCIENTIFIC STUDIES,
b. Qualified Theft RESEARCHES
c. Theft d. Matter ought to be known to judges because
d. Burglary of their judicial functions.-discretionary judicial notice -

341. No person may be compelled to testify against his 349. A contract whereby the lawyer agrees to pay the
parents, other direct ascendants, children or other expenses of litigation in return for the agreement of
direct descendants. This is embodied under what the client to pay the lawyer a portion of the thing or
principle? property that might be won or recovered in the trial or
a. Parental and filial privilege. litigation. This is unethical for the lawyer and hence
b. declaration against pedigree illegal.
c. declaration against common reputation a. Champertous contract
d. res inter alios acta rule b. Amicus curiae
c. Amicus curiea
d. Champertuos contract
342. The allegation in the complaint or information of
the place where the offense was committed determines
the: 350. 1. A deprived B of his liberty. A is a private
A. Trial individual. B is a government employee. The
B. Proceedings investigation revealed that the deprivation of liberty is
C. Venue without legal ground and for period of more than 3
D. Plea days. What is the crime committed by A?
A Serious illegal Detention
343. An offer of compromise is considered not an B. Unlawful Arrest
admission of any liability and is not admissible in C. Arbitrary detention
evidence against the offeror in the following cases, D. Violation of domicile
EXCEPT.
a. In civil cases – 351.To constitute as a crime of Kidnapping and Serious
b. Those arising from criminal negligence legal Detention, one of the elements is that the
c. An offer to pay or the payment of medical, offender must kidnap or detain the offended person for
hospital or other expenses occasioned by an injury - ___
d. In criminal cases A. 3 days or less
B. 3 days
344. A solemn and formal declaration of assertion that C. at least 3 days
the witness will tell the truth is called: D. more than 3 days
A. Statement
B. Promise
C. Affirmation
D. Declaration 352. A wanted to sing the song "My Way in a Karaoke
Bar. He was prevented by ART. Which of the following
345. In case the offender cannot pay the fine, he shall act of B may constitute as a crime of Grave Coercion?
serve the same in prison and shall be credited ___ for A. B preventing MUNIB to sing by means of treats or
each day of subsidiary imprisonment. intimidation
a. Php 8.00 B. None of these
b. Php 12.00 C. B preventing A to sing by means of force upon
c. Php 35. 00 things.
d. Highest minimum wage existing in the D. B preventing A to sing by means threats of filing a
country criminal case against A
346. Period of detention undergone by an accused

where the crime with which he is charged is non‐ 353. A and B the cellphone from C with intimidation
bailable or, even if bailable, he is unable to post the PSSG D responded and exchanged gunfire with A and
requisite bail. (Art. 39) B Unfortunately, PSSG D was hit and killed by B
a. Solitary confinement resulting to the death of the latter. What is the crime
b. Preventive imprisonment committed by A. If any?
c. Inmate incarceration A. robbery with reckless imprudence resulting to
d. Suppressive Detention homicide
B. robbery with homicide
347. A penalty that deprive the offender of his (1) C robbery and homicide
rights of parental authority, or guardianship;(2) Marital D. robbery with reckless Imprudence resulting to
authority; (3) The right to manage his property; and murder
(4) The right to dispose of such property by any act or
any conveyance inter vivos. 354. . The requirement of violence against or
a. Absolute disqualification intimication of person in the crime of robbery present
b. Temporary disqualification A. before and after the taking of personal property
c. Bond to keep the peace B. before the taking of the personal property is
d. Civil interdiction complete
C in all of these
348. Persons who assisted the offender to profit by the D. after the taking of the personal property from the
effects of the crime are known as: offended person
A. Accomplices
B. Accessories
C. Perpetrators 355. A took the cellphone from M with intimidation A
D. Fences speed away using his motor vehicle which run over D,

the daughter of A, resulting to the death of the latter
What is the crime committed by A, If any? 364. In this jurisdiction, when two or more accused are
A. robbery with reckless Imprudence resulting to jointly charged with any offense, they shall be tried
parricide jointly. Separate trial is_____.
B. robbery with parricide A. Within sound discretion of the court.
C. robbery with reckless imprudence resulting to B. A constitutional requirement.
homicide C. Statutory requirement.
D. robbery with homicide D. Mandatory.
356. The element of using force upon things in the 365. To be state witness, one of the accused must
crime of Robbery requires that voluntarily execute a sworn statement in support of his
A. there must be breaking of things inside the house or discharge. If the court denies the motion to discharge
building said accused which was filed before the prosecution
B. the offender must have entered the house or the rests its case, his sworn statement shall be as
building ¬¬_____.
C. All of this A. Admissible in evidence.
D. the offender must not have entered the house or B. Inadmissible evidence.
the building C. Admitted as material evidence.
D. Conditionally admitted as material evidence.
357. The act or omission punishable by the Revised
Penal Code is a ___ 366. Our criminal law may be applied extraterritorially
A. Crime which simply means that
B. felony A. our criminal law may be applicable even outside of
C. act or omission our territory
D. offense B. those accused of crime may be arrested even
outside of our territory
358. Under the Rules of Evidence, the knife used in C. foreigners here in our country may be charge for
killing is called violation of our criminal law
A. Relevant D. our criminal law may be enforced by another
B. Object e sovereign country
C. Physical
D. Collateral
367. The trial shall commence:
359. Which is the law enacted by Congress that
imposes a penalty, other than the Revised Penal Code? A. Within 30 days from receipt of the pre-trial order.
A. Statute B. Within 45 days from receipt of the pre-trial order.
B. Ordinances C. Within 20 days from receipt of the pre-trial order.
C. Special Penal Laws D. Within 15 days from receipt of the pre-trial order.
D. Criminal Code
368. Which is NOT the qualification of the wines
360.. Which of the following is NOT a source of criminal A. That the person can recollect such perception from
law? memory
A. Ordinances B. That he should not be convicted of a crime
B. Special Penal Laws C. That the person can perceive
C. Revised Penal Code D. That the person can store in his memory such
D. Resolution perception
361. When the criminal law appears to be capable of 369. One reason for the re-opening of trial of a case.
being given to interpretations which seem to favor or A. The case is appealable
against the accused, such law shall ____. B. Newly discovered evidence
A. be declared unconstitutional C. The appearance of an essential witness
B. not be enforced against the accused. D. To avoid miscarriage of justice upon motion and
C. be interpreted in favor of the accused. with hearing
D. be interpreted in favor of the police
370. After the prosecution rested its case, the accused
362. The following are elements of frustrated stage in filed a demurrer to evidence. Would double jeopardy
the commission of the crime, EXCEPT__. be a valid defense if he is charged again with the same
A. the acts performed would produce the felony as a offense against?
consequence A. Yes, because the dismissal is tantamount to
B. by reason of spontaneous desistance of the accused acquittal.
C. the offender performs all acts of execution B. Yes, the case was not terminated on its own merits.
D. but the felony is not produced C. No, because the dismissal is with his consent or upon
his own motion.
363. When a court is satisfied, upon proof or oath, that D. No, The case was not terminated on its merits hence
a material witness will not testify when required, it may double jeopardy is not a valid defense.
upon motion of either party order the witness to _____.
A. To be excused. 371. Which is this acknowledgment of guilt by the
B. To post bail. person made before a police officer during the conduct
C. To be included in the information. of an official Investigation?
D. To be arrested A extra judicial admission

B. Judicial admission connection between the original wrong and the injury
C. Extra Judicial Confession is referred to as the ____ cause.
D. Judicial Confession A effective Intervening
B efficient connecting
372. The entire trial period should not exceed_____ C causal connecting
from the first day of trial, except if authorized by special D efficient intervening
law or by the SC circulars.
A. 120 days 380. A is charged of a crime in violation of RA 9262
B. 90 days (Anti-Violence Against Women and Their Children).
C. 180 days What is the nature of the crime committed by A ?
D. 60 days A Mala in se
B. Revised Penal Code
373. The accused may prove his good moral character c Special Penal Law
which is D. Mala prohibita
A. of the knowledge of the court
B. pertinent to the moral trait involved in the offense 381. What is this PHASE in the commission of the crime
charged where person did not stop the commission of the crime
C of judicial knowledge because of spontaneous desistance or because of the
D. necessary to prove his innocence of the crime presence of the police until he performs all the acts of
charge execution but does not produce the felony?
A Internal
374. The following are the elements of dying B. External
declaration, EXCEPT the _____. C. Objective
A declarant must eventually die D. Subjective
B. declaration is in connection with a starting
occurrence or equivocal actions 382. When a Filipino killed a Chinese on board a vessel
C.declaration pertains to facts or circumstances bearing the flag of Mexico while the vessel is in
surrounding the declarant's death Philippine waters or territory, may the criminal law of
D. the declarant is competent to testify the Philippines apply?
A. No, because the killing happened on board a
375. A is merely 6 years old. Which of the following Mexican registered vessel.
statements BEST describes the qualification of A as a B. Yes, because the offender is a Filipino citizen.
witness? C No, because the offended party is a Chinese citizen.
A He is qualified so long that he can express his D. Yes, because the killing happened within the
thought before the court Philippine waters or territory
B. He is not qualified because a minoris susceptible of
being coached by lawyers 383. To be considered as conspirator in a criminal case,
C He is qualified because he can perceive and the following are true, EXCEPT one __.
perceiving can convey his perception to another A need not even take part in every act
D. He is not qualified because he is still a minor B need not participate in every detail of the execution
C need not even know the exact part to be performed
376. What is this opinion of a witness on a matter by the others
requiring special knowledge, sidl. experience training? D. can only be conspirator if he participated in the
A Opinion of specialists execution of the plan
B. Opinion of the court
C Opinion of expert witness 384. A killed B by also ensuring that B cannot retaliate
D. Opinion of an ordinary witness or cause harm against him. Which is the applicable
modifying circumstance?
377. Accused was charge for homicide. He interposes A Alternative
the justifying circumstance of self defense. In such B. Exempting
case, the burden of proof__. C. Mitigating
A shifts to the accused D. Aggravating
B. upon the discretion of the court
C rests to whoever presents the evidence 385. Cardo was charged with rape. What was proved
D. still belongs to the prosecution was qualified seduction. Can Cardo be convicted of
qualified seduction?
378. The effect of failure of the accused to quash a A. No, although qualified seduction is a lesser offense
duplicitous information, the court may than rape, the elements of the two offenses are
A. Acquit him as this is a violation of the rules on different.
duplicity of offenses B. No, Cardo could not be convicted of qualified
B. Convict the accused of as many offenses as are seduction but will be convicted of rape.
charged and proved there being a waiver therein C. Yes, Cardo can be convicted of qualified seduction
C. Impose on him the penalty of each offense, setting because it is a lesser offense than rape.
out separately the findings of fact and law in each D. Yes, Cardo can be convicted of qualified seduction
offense. because it was proved.
D. B and C
386. What is this Justifying circumstance wherein the
379. The new and independent act which is the accused, in making the defense, must not be Induced
immediate cause of the injury and which breaks the by revenge or ill motive?
A. Defense of stranger

B. Self defense of relative c. i
C Defense of relative d. ii
D. Self defense of stranger
394. The evidence of the same kind and tending to
387. Purisima is the chief of police in the town of prove the same facts is ___ evidence.
Antipolo. His son Marquez committed murder whom he A direct
helped in escaping by providing Marquez money and b corroborative
Car. Is liable as an? C cumulative
A. Accessory because his public functions criminal D. relevant
B. Accessory but exempted from liability by virtue of
relationship 395. When the witness affirms that a fact did or did not
C. Accomplice he abuses his public functions exist or occur, this is referred to as ____evidence
D. Accomplice but exempted from the criminal liability A presumptive
by virtue of relationship b. negative
C. positive
388. In killing A, B used the presence of 4 of his D. conclusive
relatives to ensure that A cannot retaliate against him.
Which is the applicable modifying circumstance? 396. Which is NOT an absolute extinction of criminal
A Mitigating liability?
B. Alterative A Death
C. Exempting B. Full service of sentence
D. Aggravating c. Conditional Pardon
D. Amnesty
389.. When is the testimony of the witness being 397. Which is the crime committed considered as
offered? GRAVE Felony?
A At the discretion of the counsel at any time of the A. The crime committed has a penalty of imprisonment
proceedings is at least 6 years and 1 day.
B. At the time the witness is called to testify, B. The crime committed has a penalty of imprisonment
C. At the time the witness Identifies the exhibits or of not exceeding 30 days
evidence C. The crime committed has a penalty of imprisonment
D. After the presentation of the testimonies of the ranging from 30 days and 1 day to your
witness D. The penalty for the committed is imprisonment of
reduslon temporal
390. The following are the instances in which the
testimony of the witness may be impeached, EXCEPT 398. One injury produced when a person is committing
by _________. a crime is ______ injury.
A evidence that the general reputation of the witness A physical
for truth, honesty or integrity is bad B. state
B. contradictory evidence c. community
C evidence that the witness has made at other times D, social
statements inconsistent with his present testimony
D. evidence of the witness wrongful acts 339. Which is NOT damages that can be recovered in
a criminal case?
391. The obligation to present its witness first belong A temperate
to the accused, if _______. B. exemplary
A the accused agrees to it. C actual
B. None of these D. social
C. In case the accused invokes self-defense.
D. I upon the order of the court 400. Piracy under Article 122 of the Revised Penal
Code, as may be distinguished from PD. 582. can be
392. Which of the following is not a public document? committed only _____.
A Documents acknowledged before a notary public A in the high seas
B. Notarized last wills and testaments B. within the Philippine waters
C Public records, kept in the Philippines, of private C. both internal lands and waters
documents required by low D. anywhere in the Philippines
D. The written official acts, or records of the official
acts of the sovereign authority
393. When is authentication of a private document

which is offered in evidence NOT required?
i - When it is offered as an authentic document
ii- When it is more than 30 years old, produced from a
custody in which it would naturally be found if genuine,
and is unblemished by any alteration or drcumstance
of suspicion
iii- When it is less than 30 years old at the time of its
presentation
A. i , ii
b. ii, iii


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Final Coaching in Criminal Jurisprudence,

Procedure and Evidence

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100. A big fire razed a row of houses in a thickly A. Ex post facto

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346. Period of detention undergone by an accused

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393. When is authentication of a private document

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