BATCH 11

BOARD EXAM TRIAL ON

CRIMINAL LAW AND JURISPRUDENCE
Prepared by: Atty. Jay M. Ferraro

PART 1-CRIMINAL JURISPRUDENCE, PROCEDURE a. When the identity of the offender is in unknown b.
AND EVIDENCE `
To determine whether the acts is intentional or

1. Which of the following is not one of the three features accidental

or characteristics of Criminal Law? c. When the accused claims that he acted in self
defense
a. Criminal law applies to all persons who commit
d. All of these
felonies in Philippine territory.
b. Criminal law applies by virtue of treaty 5. In criminal law, error in personae or mistake in identity

stipulations, laws of preferential occurs when _____.

application, and principles of public

international law.
c. Criminal law applies to all offenses committed
within Philippine territory.
d. Criminal law applies prospectively
retroactively unless its provisions are favorable to
the accused who is not a habitual delinquent.
2. The law distinguished that motive is the reason person
commits a crime while intent is the ______.
a. desire or freewill to commit a crime
b. purpose of using a particular means to
achieve an objective
c. use of one's wise judgment
d. moving power that makes one to be guilty of an act
a. the offender hits or injures another person
and not the victim intended
b. the offender injures another due to personal reason
c. the offender knows personally the victim d.
and not
the offender hits an unknown person
6. In criminal law, aberratio ictus or mistake in the blow
occurs when ______.
a. the offender hits another which he intended b. the
offender knows he hits another known to him c. the
offender delivers a blow at his intended
victim but does not hit him, and instead,
such blow lands on an unintended victim. d. the
offender mistakenly identified by the police Mistake in
the blow- iba ang tinamaan

3. In criminal law, intent is an element of a crime; motive

7. Praeter intentionem occurs where the consequence is
is not.
greater than the one intended. This is a mitigating

a. True circumstance,

b. It depends
a. No, it is an aggravating circumstance
c. False
b. Yes, it is a mitigating circumstance c.
d. Only when the felony is against persons
A and B are both wrong

4. Motive is important in certain instances in the d. A and B are both correct

determination of the commission of a crime and the
8. Crimes mala in se are punishable under the Revised
liabilities of the perpetrators. In which of the following
Penal Code while crimes mala prohibita are punished
instances motive is important?
under special laws. This statement is ______.

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a. Correct b. Wrong
 c. No legal basis
d. Unacceptable
9. The basis of criminal liability in mala in se is intent while
the basis of crimes mala prohibita is _______.
a. environmental
b. opportunity
c. voluntariness
d. stage of execution
10. The stages of execution affect the penalty imposable
in crimes mala in se; there are no stages of execution in
crimes mala prohibita. This statement is ________.
a. Correct
b. Wrong
c. Has no legal basis
d. Depends on the rules of court
11. Under the law, what is known as an act which would
be an offense against persons or property, were it not for
the inherent impossibility of its accomplishment, or on
account of the employment of inadequate or ineffectual
means?
a. Mala prohibita
b. Mala in se
c. Impossible crime
d. Incomplete crime
12. The Indeterminate Sentence Law does not apply to the
following instances, except -
a. Those convicted of rebellion, sedition or espionage
b. Those who are habitual delinquents
c. Those who shall have escaped from the
confinement or evaded sentence
d. Those who are convicted of crimes against
morals
This Act shall not apply to persons
1. convicted of offenses punished with death penalty
or life-imprisonment;
2. to those convicted of treason, conspiracy or
proposal to commit treason;
3. to those convicted of misprision of treason,
rebellion, sedition or espionage;
4. to those convicted of piracy;
5. to those who are habitual delinquents;
6. to those who have escaped from
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confinement or evaded sentence;
7. to those who having been granted conditional
pardon by the Chief Executive shall have violated
the terms thereof;
8. to those whose maximum term of imprisonment
does not exceed one year, not to those already
sentenced by final judgment at the time of
approval of this Act, except as provided in Section
5 hereof.
13. In criminal law, instigation takes place when ______.
a. a peace officer induces a person to commit a
crime
b. a peace officer entraps a person
c. a peace officer subjected someone to surrender d.
a peace officer commits the crime of abduction
14. What is the doctrine of implied conspiracy?
a. It holds two or more persons participating in
the commission of a crime collectively
liable as coconspirators
b. It holds two or more person liable for mala
prohibita
c. It holds four persons to the act of one as the act of
all
d. It holds the conspirators as brothers or sisters
15. Reclusion Perpetua is a penalty prescribed under the
Revised Penal Code, what - about the penalty of life
imprisonment?
a. reclusion perpetua is the same as life imprisonment
b. life imprisonment is prescribed under special
laws
c. the difference is in accordance with rules of court d.
none of the above is correct
16. Is Reclusion Perpetua as a penalty has accessory
penalties?
a. Yes, it has
b. No, accessory penalties applies to the penalty of
Life imprisonment
c. It depends solely on the felony commited d.
No, there is no such any accessory penalties
Note: Reclusión perpetua carries the
accessory penalty in which, as defined by
Philippine Law, the prisoner is barred for life from
 holding political office. Life imprisonment does
not carry this penalty.
17. In Reclusion Perpetua, the accused is entitled to parole
after serving 30 years imprisonment. Life imprisonment
has no fixed duration. This statement is
a. Correct
b. Incorrect
c. It depends
d. Unacceptable
18. As a rule, if the offender in a criminal case is acquitted,
his civil liability is also extinguished.
a. Correct with exceptions to the rule b.
Incorrect, because the offender is guilty c. It
depends, without exceptions
d. Civil liability is never extinguished
19. In circumstance, the act of the accused is in
accordance with law, hence, he incurs no criminal liability.
Since there is no crime, there is no criminal.
a. Mitigating
b. Exempting- There is CIVIL LIABILITY, But NO
CRIMINAL LIABILITY
c. Justifying - NO CRIMINAL AND CIVIL LIABLITY d.
Aggravating
cannot be offset by mitigating circumstances
4. Inherent Aggravating or those that essentially
accompany the commission of the crime and does
not affect the penalty whatsoever.
21. A composite crime or a special complex crime or single
indivisible offense is composed of two or more crimes but
in the eyes of the law, the offender incurs only one criminal
liability. The following are examples, except -
a. Robbery with Homicide
b. Rape with Homicide
c. Kidnapping with Homicide
d. Malversation thru Falsification -complex crime
proper
22. A complex crime is constituted when a single act
causes two or more grave or less grave felonies or when
an offense is committed as a necessary means to commit
another offense. This statement is
a. Incorrect, it is called Delito Compuesto
b. Correct, it is a complex crime
c. Incorrect, it is called Delito Complejo
d. Correct, it is also called Delito continuado
23. Pedro kidnapped Maria in Baguio City. He brought her
thereafter in Pangasinan, Tarlac and Pampanga against
the latter's will. This is a case of _______.

20. A generic aggravating circumstance can be offset by a

a. Delito compuesto
mitigating circumstance; a qualifying aggravating
b. Delito Complejo
circumstance cannot be offset by a mitigating
c. Delito Continuado
circumstance. Is the statement correct?
d. All of the above
a. Yes, it is in accordance with general rules b.
24. How many criminal information should be filed in
No, there is no such a rule like this
complex crimes?
c. It depends on the crime committed
d. Absolutely incorrect a. Only one information
b. Two information
The four (4) kinds of aggravating circumstances
c. Complex crimes requires many criminal information
are:
d. It depends on the crime committed
1. Generic Aggravating or those that can generally
25. What is the doctrine of pro reo in criminal law?
apply to all crimes, and can be offset by
mitigating circumstances, but if not offset, would a. When a circumstance is susceptible two
affect only the maximum of the penalty interpretations one favorable to the accused and
prescribed by law; the other against him, that interpretation favorable

2. Specific Aggravating or those that apply only to to him shall prevail.

particular crimes and cannot be offset by b. When two or more crimes are the result of a single
mitigating circumstances; act, the offender is deemed less perverse than

3. Qualifying Circumstances or those that change when he commits said crimes through separate and

the nature of the crime to a graver one, or brings distinct acts.

about a penalty next higher in degree, and c. One that is intended to favor the accused by
imposing only one penalty, that is, the penalty for
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the graver offense in the maximum period,
regardless of the number of crimes committed. d. All of
these
26. In the crime of rebellion, there is public uprising and
taking up arms against the Government while in the crime
of coup d' etat _____.
a. public uprising is not necessary
b. must be accompanied by violence
c. a swift attack is made
Less Serious Physical Injuries
Estafa
Robbery (robo)
Falsification
Theft (hurto)
31. Pedro and Juan are in Korea. They agreed and decided
to hijack an airplane carrying Senatorsand Congressmen of
the Philippines and 300 other passengers to sow and
create a widespread and extraordinary fear and panic
among the populace by threatening to blow the plane off

d. All of the above unless the government releases from captivity Abu Sado, a
captured terrorist detained at Camp Crame. What crime
27. Is it necessary that the principal of a crime be
did Pedro and Juan commit?
convicted first before one may be found guilty as an
accessory? a. Hijacking of a foreign aircraft
b. Conspiracy to commit Terrorism under RA
a. No; the law does not require it
9372
b. Yes, the law requires it as a general rule c.
c. Robbery of persons
It depends on the judge
d. Kidnapping for Ransom
d. Yes, as long as corpus delicti is established
32. In the same case above (item # 31), can Pedro and
28. In recidivism, there must be crimes embraced in the
Juan be charged and prosecuted before Philippine courts?
same title of the Revised Penal Code. In quasi-recidivism,
the offender commits a felony before serving sentence by a. Yes, they can be charged and prosecuted
final judgment for another crime or while serving before Philippine Courts.
sentence. This statement is - b. No, because the crime they committed does not
apply to Philippine laws
a. Incorrect, it should be the other way around b.
c. No, because they are outside Philippine Territory
Correct, recidivism and quasi-recidivism has
when the crime happened.
been distinguished
d. It depends on the court to determine if the crime
c. Correct, except that recidivism also covers special
they commit has extraterritorial application.
laws
d. Incorrect, there is no such a thing as quasi 33. May a crime be committed without intent?
recidivism
a. Yes, in crimes mala prohibita and. in culpable
29. Which one of the following is generic aggravating felonies
circumstance and therefore can be offset by an ordinary b. Yes, only in crimes mala inse
mitigating circumstance? c. No, the law does not require intent in any crime d.
No, because all acts are illegal
a. Quasi recidivism
b. Habitual delinquency 34. In impossible crime, the crime must be a crime against
c. Recidivism persons or property only, thus it does not apply to crimes
d. Impossible crime against chastity, honor, liberty, etc. This statement is

30. In habitual delinquency, the crimes are specified, a. Incorrect, impossible crime applies to all crimes
which are, except punishable by the Revised Penal Code
b. Incorrect, it also applies to offenses punishable by
a. serious physical injuries or less serious physical
special laws
injuries
c. Correct, the law specified the type of crime
b. theft or robbery
where an impossible crime maybe
c. estafa or falsification
committed
d. murder or homicide
d. Correct, it also covers crime against national
SLERFT security
Serious Physical Injuries
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35. Stabbing a person who is lying on bed, the offender
having the intent to kill him and thinking that he was only
sleeping, when in fact that person had already been dead
before he stabbed him. The act performed by the offender
would have been murder, an offense against persons,
were it not for the inherent impossibility of
accomplishment, it being impossible to kill a person who is
already dead. Is this a correct example of impossible
crime?
a. Yes, thus the offender incurs criminal liability
b. Yes, but there is no criminal liability incurred c. No,
in impossible crime, the crime cannot be committed
d. No, because a dead person cannot be a victim of
crime
36. Having sexual intercourse with a woman who is
already dead but the offender thought that she was alive.
Is this a case of impossible crime?
a. Yes, because rape cannot be committed against
dead woman
b. Yes, because rape is now a crime against persons
under RA 8353
c. Both A and B are correct
d. No, impossible crime is not applicable in this case
37. Pedro, surreptitiously took a watch from
possession of Juan which turned out to be his own watch
which he had been missing for 2 weeks. Is Pedro liable for
impossible crime?
a. Yes, because an essential element of Theft is that
the offender must take the personal property
belonging to another.
b. Yes, Pedro cannot be a thief of his own property c.
Both A and B are correct
d. No, in impossible crime, a criminal act cannot be
committed
38. Pedro, thinking that his girlfriend Maria is pregnant,
administered abortive substance on Maria to expel the
fetus from the maternal womb. It turned out that Maria
was not pregnant. What crime did Pedro commit?
a. Consummated Abortion
b. Frustrated Abortion
c. Impossible crime
d. Grave Physical Injuries
39. Believing that certain white powder was poison, Mutt
mixed it with the coffee intended for Jeff. When Jeff drank
it, he was not injured at all because the white powder was
sugar. Is Mutt liable for an impossible crime?
a. Yes, absolutely
b. No, it was a case of honest mistake of fact c.
Yes, if Jeff knew that he was poisoned
d. No, Mutt is not liable at all
its
40. Four (4) culprits armed with firearms and with intent to
kill X went to the house of the latter. After having
pinpointed X's room, all four fired their guns and riddled
the house with bullets. It so happened that X did not come
home that night. What crime did the accused commit?
a. Attempted Murder because there was intent to kill
b. Impossible crime because X was not physically
present at his home that night
c. Malicious Mischief because another crime
was committed other than that intended d. No
crime was committed because no one was injured or
destroyed
**Note: Impossible crime is a crime of last
resort. If the acts constitute another distinct
felony, an impossible crime is not committed
because objectively a crime is committed.
41. In attempted felony, the offender does not perform all
the the acts of execution. In frustrated felony, the offender
performs all the acts of execution. This statement is
a. Correct
b. Wrong
c. Partially correct
d. Partially wrong
42. In crimes of violence, if the offender does not inflict a
mortal wound, he does not perform all the acts of
execution. Thus, if Berto with intent to kill hacked Betong
and the latter was not hit. Berto is liable for
a. Attempted Homicide
b. Frustrated Homicide
c. Consummated Homicide
d. Murder due to the bolo used
43. Berto, with intent to kill, hacked Betong and was hit
but suffered an injury which requires medical attendance
for 5 days. What is the crime did Berto commit?
a. Attempted Homicide
b. Frustrated Homicide
c. Consummated Homicide
d. Murder due to the bolo used
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44. The crime of Robbery and Theft has no frustrated liability but not from civil liability. But although he is
stage. It is only attempted and consummated stages. This exempt from criminal liability, he shall be subjected to an
statement is intervention program pursuant to

a. False, because all crimes have 3 stages of a. the provisions of the Revised Penal Code b.
commission the provisions of R.A 9165
b. False, because robbery and theft are crimes against c. the provisions of the civil code
property d. the provisions of R.A 9344
c. True, as when the accused comes in
50. In the Juvenile Justice System of the Philippines, if the
possession of a thing, even if it were more
offender is more than 15 years but less than 18 years of
or less momentarily, the taking is complete
age at the time he committed the offense, he is still
d. True, because robbery and theft are crimes against
exempt from criminal liability unless
property
a. he acted with insanity or imbecility
45. Under the law, a woman who is repeatedly subjected
b. upon order of the Family Court
to any forceful physical or psychological behavior by a man
c. he acted with discernment
in order to coerce her to do something .he wants her to do
d. there was clear intent to commit the offense
without concern for her rights is considered
51. Under Art. 15 of the RPC, is a mitigating circumstance,
A. A battered woman under RA 9262
if the same is not habitual or subsequent to the plan to

B. An abused woman under the Revised Penal Code commit a felony. Otherwise, when habitual or intentional,
it shall be considered as an aggravating circumstance.
C. A woman physically injured
a. Discernment
D. A lunatic woman
b. Discretion

46. _______ is the crime committed by a person who c. Intoxication

deliberately and without lawful cause, follows the woman d. Recidivism

or her child and/or places the latter under surveillance in

52. Generic or ordinary aggravating circumstances
public.
generally apply to all crimes. For example, recidivism,

a. Child Abuse night time, and dwelling. It results to the imposition of

b. Espionage _______.

c. Stalking
a. the maximum penalty
d. Phishing
b. the minimum penalty

47. Considering legal context of the word, which of the c. the medium penalty

following exist when there is complete deprivation of d. life imprisonment

intelligence?
53. What is another term for Reiteracion?

a. Madness
a. Habituality
b. Insanity b. Recidivism
c. Imbecility
c. Discretion
d. Minority d. Habitual delinquency

48. What legal term appropriately used when a person of

54. What occurs when within a period of 10 years from the
advanced age has the mental development comparative to
date of his last release or last conviction of any of the
that of a child between two and seven years of age?
crimes of Serious Physical Injuries, Less Serious Physical
Injuries, Theft, Robbery, Estafa, Falsification, he is found
a. Abnormality
guilty the third time or oftener?
b. Insanity
c. Imbecility a. Habituality
d. Psychopathic b. Reiteracion

49. If the offender is 15 years old or less at the time of the c. Habitual Delinquency

commission of the offense, he is exempt from criminal d. Recidivism

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55. It is not necessary, under the law, that the victim owns
the place where he lives or dwells. Be he a lessee or
boarder or a bed-spacer, the place is his home the sanctity
of which the law seeks to protect and uphold. Although the
victim is merely renting a bed space in a boarding house,
his room constituted for all intents and purposes a
"dwelling" as the term used in the Revised Penal Code.
a. True, the legal basis is correct
b. False, the legal basis is wrong
c. False, dwelling under the law refers only to abode
d. True, even include house of ill repute
56. In criminal law, there is a band whenever there are at
least 4 armed persons who have acted together in the
commission of a crime. This statement is -
a. Correct, the law specified that a band is
composed of more than 3 persons.
b. Correct, a band is always composed of 4 persons c.
Correct, a band is always a band
d. Incorrect, a band is composed of at least two or
more persons.
57. The use of a motor vehicle is aggravating in murder
where the said vehicle was used in transporting the victim
and the accused. This statement is
a. Correct, it is aggravating because it
facilitates the commission of a crime.
b. Incorrect, use of vehicle is never an aggravating
circumstance
c. Incorrect, because the law did not specify about it
d. Correct, even if the motor vehicle was used to
facilitate the escape of the offender
58. If the victim is a child and the offender is an adult, the
aggravating circumstance is -
a. superior strength -absorbed na ito ng treachery b.
treachery
c. employing means to weaken the defense d.
evident premeditation
59. It is required that the criminal intent be evidenced by
notorious acts evincing the determination to commit the
same. It must be evident and not merely suspected or
merely thought of or contemplated mentally, without
externalized acts. It is necessary to establish that the
accused meditated or his intention between the time it was
conceived and the time the crime as actually perpetrated.
From among the following aggravating circumstances,
what is being described?
a. Employing means to weaken the defense b.
Evident premeditation
c. Treachery
d. Superior strength
60. If a pickpocket took the wallet of the offended party
without his knowledge, is treachery as far aggravating
circumstance present?
a. Yes, because pick pocketing requires treachery b.
No, because the offender need not to trick c. Yes,
because the offender positioned at the back of the
victim
d. No, because the crime of theft is a crime
against property. Treachery applies only to
crime against persons .
61. What if the accused had sexual intercourse with the
victim who was sleeping and therefore had no chance to
defend herself, is there treachery?
a. No, because sexual intercourse is always sensual
between partners
b. Yes, because there was no consent on the part of
the victim
c. Yes, there is treachery because rape is now a
crime against persons and no longer a
crime against chastity
d. No, because it is impossible to have sex while the
victim is asleep
62. Killing of a child is Murder qualified by treachery, even
if the manner of attack was not shown. This statement is
a. Correct
b. Incorrect
c. Partially correct
d. Partially incorrect
63. Pedro and Juan fought against each other. Juan
suffered some injuries and ran away. Juan stumbled. While
lying face on the ground, Pedro stabbed Juan on his back.
Juan died. Is treachery present?
a. No, because stabbing a person at the back is not at
all times treachery
b. Yes, obviously Pedro intended to stab Juan at the
back
c. No, because the attack did not commence
with treachery. The stabbing at the back
was a continuation of the attack which did
not commence with treachery.
d. Yes, because it was clear he stabbed the victim at
his back
 Amici Review Center Page 7
64. Tom and Jerry are mortal enemies. They met one day.
Tom suddenly stabbed Jerry who died as a result. If you
were the judge will you appreciate treachery?
a. Yes, if it can be shown that Jerry was stabbed at
his back
b. No, the fact that they are mortal enemies
each of the parties was put on guard and be
ready from a possible attack from the other
c. No, because stabbing a person at the back is not at
all times treachery
d. It depends on the evidence
69. Is that which occurs when the law provides that a
penalty to a particular crime is in addition to the penalty
imposable for another crime which results from the
commission of such particular crime.
a. Double Penalty
b. Two-tiered Penalty
c. Combined Penalty
d. Restrictive Penalty
70. If a single bullet kills a victim and slightly injures
another and the offender had no intention to kill, then
what crime or crimes being committed?

65. Pedro stabbed Maria, the victim, for 100 times because
a. Two crimes are committed, Homicide and
of hate. In the eyes of the law, is there cruelty?
Slight Physical Injuries

a. Yes, stabbing is obviously an act of cruelty b. No
cruelty because the wounds were not inflicted
with deliberate intention of causing
unnecessary pain and suffering of the victim
c. Yes, 100 times of stabbing is an act of cruelty d. It
depends on the mental condition of the offender at
the time of the commission of the crime
b. A complex crime, homicide with physical injury c.
Homicide only
d. Physical injury only
**NOTE: There is complex crime when a single act
constitutes two or more grave or less grave
felonies. Slight physical injuries is not a grave or less
grave felonies

66. Pedro and Juan agreed and decided to commit

71. Anton, who was drunk, bumped a parked car. The car
Robbery in the house of Maria. On the following day, Pedro
was heavily damaged and a person was slightly injured. If
and Juan told Pepe about the plan and asked Pepe to drive
you were the fiscal, what crime/crimes are you going to
them to the house of Maria. Pepe drove Pedro and Juan to
file?
the house of Maria where Pedro and Juan committed
Robbery. Is Pepe liable? If so, what is his liability? a. Reckless Imprudence Resulting in Damage to
Property and another one for Slight
a. Yes, as a principal
Physical Injuries. The two (2) crimes
b. No, there is no liability at all
cannot be complexed because one is a light
c. Yes, as an accomplice
felony.
d. Yes, as an accessory
b. Reckless Imprudence Resulting in Damage to
67. Pedro stabbed Juan. Pepe saw what Pedro did. Pepe Property only because this is more heavier
boxed Juan. Pepe concurred in the act of Pedro by boxing c. Physical injury only because it is a crime against
Juan. What is the liability of Pepe? person thus this is more heavier
d. I will not file any case since Anton was just drunk
a. Pepe is liable as an Accomplice
b. Pepe is liable as an Accessory 72. When fire is used with the intent to kill a particular
c. Pepe is liable as Principal by direct participation d. person who may be in a house and that objective is
D. Pepe has no criminal liability attained by burning the house, the crime is

68. On June 24, 2006, President Gloria M. Arroyo signed a. Murder only
An Act Prohibiting the Imposition of Death Penalty in the b. Arson with Homicide
Philippines. c. Arson only
d. Homicide with Arson
a. Republic Act 9344
b. Republic Act 9346 ARSON – Pag ang intention ay sunugin lamang
c. Republic Act 9165 ngunit may namatay.
d. Republic Act 9272
MURDER - kapag pinatay sa pamamagitan ng Apoy
 Amici Review Center Page 8
ARSON AND HOMICIDE/ARSON AND MURDER –
kapag pinatay muna saka nagkaroon ng pagsunog
para itago
73. On December 5, 1982, Boyet killed Jonas while the
latter was enjoying the cold water of Agno river. He
strangled him to death with the use of a nylon cord.
Thereafter, he buried the cadaver of the victim in the sand.
Nonoy, a 7 year old boy who was pasturing his COW
witnessed the incident. The dead body of Jonas was never
found. For fear of his life, Nonoy did not tell anyone, even
his parents and relatives about what he witnessed. After
22 years, or in 2004, Nonoy reported the crime to the
authorities. Can the State still prosecute Boyet for the
death of Jonas despite the lapse of 22 years?
a. No, because the crime of homicide prescribes in 20
years.
b. Yes, under the law, the period of prescription
commences to run from the day the crime is
discovered by the offended party, the
authorities or their agents.
c. No, because the commission of the crime was
known only by Nonoy, who was not the offended
party
d. Yes, if only Nonoy revealed the incident when he
was7 yrs old.
74. It is a sentence with a minimum term and a maximum
term, which the court is mandated to impose to the benefit
of a guilty person who is not disqualified. It applies to both
violations of Revised Penal Code and special laws. What is
being described?
a. The death penalty or capital punishment b.
Indeterminate sentence
c. Prision correctional
d. Determinate sentence
75. Kupal is a Japanese citizen who had resided in
Pangasinan for 30 years. When Japan declared war against
the Philippines. Kupal and his numerous Japanese friends
attacked a military detachment manned by Filipino
soldiers. What crime did Kupal commit?
a. Rebellion
b. Espionage
c. Levying war
76. A police officer dissolved a meeting that was not
granted a permit. Is he liable for dissolution of a Peaceful
meeting?
a. No, the law provides that the meeting must not
only be peaceful, it must also be lawful. This means
that it must be covered with a permit. b. Yes, because
the meeting was peaceful
c. No, because the meeting was not peaceful as it was
not covered by permit
d. Both A and C are correct
77. If a police officer arrests a person by virtue of a
warrant of arrest, within what period should the police
officer bring him to the proper judicial authority?
a. 15 days only
b. 10 days only
c. It depends on the what is required by the court d.
No period shall be applied. He is not bound by
the period under Art. 125.
78. Angelito published an article in a newspaper urging the
people to disobey the law by not paying their taxes. What
is he liable for?
a. Inciting to sedition
b. Unlawful publication
c. Violation of intellectual property rights
d. Unlawful utterances
79. Benigno is a sugarcane planter in Hacienda Ymana. He
nurtured a grudge and ill feeling against Don Geraldo, the
owner of the hacienda because he had not been giving his
workers their due share and benefits. Benigno attacked
Don Geraldo with fist blows and kick blows. What crime
did Benigno commit?
a. Direct Assault
b. Homicide
c. Attempted Homicide
d. Physical Injuries
80. Timon, an election registrar insulted Pumba in front of
many people. The latter did not forget that incident. One
day, Pumba chanced upon Timon. Pumba boxed Timon
repeatedly to avenge the public humiliation that the earlier
suffered.
What crime did Pumba commit?
a. Direct Assault
b. Homicide
c. Attempted Homicide
d. Physical Injuries
e. ;
81. Martin engaged in a fist fight with John, an election
officer, wherein the former suffered a big lump in the
 Amici Review Center Page 9
forehead. One day, when Martin chanced upon John, he
thought of taking revenge on the latter for the injury he
suffered. Martin hit John's head with a baseball bat,
causing the latter to fall unconscious. What crime did
Martin commit?
a. Direct Assault
b. Homicide
c. Attempted Homicide
d. Grave Physical Injuries
**Note: Hindi siya direct assault kasi hindi naman
related sa performance ng function.
82. Judge X sentenced Y with imprisonment. After Y was
released from prison he met Judge X. Because of
resentment, Y stabbed and killed the judge. What
crime/crimes did Y commit?
a. He committed the complex crime of Homicide
with Direct Assault upon a person
authority.
b. He committed Murder
c. He committed Homicide only
d. He committed Homicide with Physical Injuries
83. Pedro killed Juan and was charged with Homicide in
Manila. A warrant for his arrest was issued. To prevent his
arrest, he went to Bacolod City and publicly used another
name. Is he liable for Using Fictitious name?
a. No, he is not liable for Using Fictitious name. In
using fictitious name, the purpose of the offender
is to conceal a crime, evade judgment or cause
damage to public interest.
b. No, because the purpose of Pedro case was to
evade arrest.
c. Yes, because he publicly used another name d.
Both A and B are correct
84. Tommy mortgaged his first owned car, a Toyota
Fortuner, to secure the payment of his loan. He failed to
pay his loan upon maturity. The bank foreclosed the
mortgaged. The sheriff took possession of his car and
scheduled it for public auction. During the auction day,
Tommy drove the bidders away by threats to kill to prevent
his car from being sold at public auction. What crime did
Tommy commit?
a. Grave Scandal
b. Grave Threats
c. Attempted Homicide
d. Machination in Public Auction
85. What law punishes graft and corrupt practices in the
Philippines?
a. R.A 9136
b. R.A 3019
c. R.A 9163
d. R.A 9130
86. Any public officer who, by himself or in connivance
with members of his family, relatives by affinity or
consanguinity, business associates, subordinates or other
persons, amasses, accumulates or acquires ill-gotten
wealth through a combination or series of overt or criminal
acts in the aggregate of 50 million pesos is liable for the
crime of ______.
a. Bribery
b. Plunder
c. Corruption
d. Graft
in 87, Don Erning offered to finance the studies of Debra, a
17-year-old college student. He opened an account in
Debra's name and regularly deposited varicus amounts
ranging from P500, 000 to P1 Million. From this account,
Debra withdrew and used the money for tuition, books,
miscellaneous fees, and for condo rentals. Debra was
subsequently discovered that Don Erning was engaged in
illegal drug operations. Just the same, Debra availed of the
funds given by her benefactor. Are Don Erning and Debra
liable for Violation of the Anti-Money Laundering Act?
a. Both Don Erning and Debra are liable for
Violation of the Anti-Money Laundering Act b.
Only Don Erning is liable
c. Only Debra is liable
d. None of them are liable because the money was
used on legal proceeds
88. X paid to Y, the city treasurer the amount of P10, 000
as realty taxes. Although he had official receipts, Y told x
that there were no available official receipts in the office.
He issued a temporary receipt. Y spent the money. What
crime was committed byY for failing to issue receipt?
a. Illegal Exaction
b. Melversation of public fund
c. Estafa
d. No crime was committed
89. What crime is crime committed by any public officer
who shall apply any public funds or property under his
administration to any public use other than that for which
funds or property were appropriated by law or ordinance?
 Amici Review Center Page 10
a. Graft and Corruption "boundary system" who instead of returning the taxi to the
b. Estafa company/owner after the day's driving, abandoned it
c. Technical Malversation somewhere contrary to the practice under which he gained
d. Misappropriation of funds possession of the vehicle?

90. X and Y killed Z the father of Y. Y is liable for Parricide a. Robbery

because of his relationship with Z. X is liable for what b. Qualified Theft
crime? c. Carnapping
d. No crime committed
a. Homicide or Murder as the case maybe b.
No criminal liability 96. What law punishes the crime of illegal recruitment?
c. Parricide also
a. R.A 8042
d. Murder
b. R.A 4283
91. There was a rumble. After the smoke of battle had c. R.A 7433
cleared X was seen sprawled on the ground dead. It was d. R.A 8040
not known who killed him but the person who inflicted
REPUBLIC ACT No. 10022- MIGRANTS WORKERS ACT
serious physical injuries upon him is known. That person
(AN ACT AMENDING REPUBLIC ACT NO. 8042)
will be charged with the crime of _______.
97. A stepfather got mad at his stepdaughter. He gathered
a. Homicide
her clothes and put them on a luggage and burned them.
b. Death caused in a Tumultuous Affray c.
What crime did he commit?
Murder
d. Homicide and Physical Injuries a. No crime was committed by reason of relationship
b. He committed the crime of Arson
92. What law punishes “rape by sexual intercourse" and
c. None, being a step father is an exemption to
"rape by sexual assault" in the Philippines?
criminal liability
a. The Revised Penal Code d. It depends on the prosecutor
b. R.A 8353
98. The concept of pari delicto is not found in the Revised
c. R. A 8354
Penal Code. The term pari delicto means -
d. R.A 5487
a. One party is liable
93. X a Municipal Treasurer was awakened from his sleep
b. Both parties agreed to settle dispute amicably c.
at around 6 in the morning because of commotion outside.
Both parties are liable
When he went out, he saw his wife quarreling with their
d. One party is a priest
neighbor Y. He arrested or detained Y and brought her to
the police station. What crime did X commit? 99. Jinggoy is married to Juana. He has been separated
from Juana since 2004. Jinggoy got married to Angelica in
a. No crime was committed because his act was lawful
2007. Angelica knew that Jinggoy was previously married.
b. He committed illegal arrest
What crimes did Jinggoy and Angelica commit if any?
c. He committed unlawful arrest
d. He committed physical assault a. They are both liable for the crime of Bigamy b.
Only Jinggoy is liable for bigamy, Angelica did not
94. What law punishes the act of hacking or cracking or
commit any crime
the unauthorized interference in the information,
c. Angelica is liable for Adultery
communication, or computer system of another, including
d. Jinggoy is liable for Concubinage
introduction of viruses, etc.?

100. A person fired his gun while the paramour of his

a. R.A 8553
father was walking away from him killing his father
b. R.A 8353
instantly is guilty of
c. R.A 8792
d. R.A 9782 a. Parricide
95. What is the crime committed by a taxi driver on
 Amici Review Center Page 11
b. Murder imposed –
c. Homicide
a. in the minimum period
d. Infanticide
b. in the maximum period
c. regardless of the penalty
PART 2- CRIMINAL JURISPRUDENCE, PROCEDURE
d. only when the guilt is strong
AND EVIDENCE

7. Crimes mala in se are punishable under the Revised

1. Criminal law applies to all persons who commit Penal Code while crimes mala prohibita are punished
felonies in Philippine territory. The exceptions to this rule under special laws. This statement is -
are, except:
a. absolutely true
a. by virtue of treaty stipulations b. generally incorrect
b. by laws of preferential application c. sometimes true
c. by principles of public international law d. sometimes false
d. by habitual delinquency
8. The basis of criminal liability in mala in se is _____while
2. Criminal law applies prospectively and not retroactively the basis of crimes mala prohibita is voluntariness.
unless its provisions are favorable to the accused who is
a. None of these
not a habitual delinquent. This statement is
b. Intent
a. True c. Goal
b. False d. Intelligence
c. Partially True
9. The stages of execution affect the penalty imposable in
d. Partially False
crimes mala in se; there are no stages of execution in
3. In criminal law, when the act of the accused is in crimes mala prohibita. This statement is
accordance with law, hence, he incurs no criminal liability.
a. Absolutely true
Since there is no crime, there is no criminal. This is
b. Generally incorrect
a. Justifying circumstance c. It depends on the judge
b. Exempting circumstance d. It depends on the prosecutor
c. Mitigating circumstance
10. When is the benefit of the Indeterminate Sentence Law
d. Alternative circumstance
not applicable? The Indeterminate Sentence Law does not
4. _______ is the reason why a person commits a crime. apply to -
Intent is the purpose of using a particular means to
a. Persons convicted of offenses punishable with
achieve an objective.
death penalty or life imprisonment.
a. Desire b. Those convicted of treason, conspiracy and
b. Goal proposal to commit treason and misprision of
c. Motive treason
d. Instrumentation c. Those who are habitual delinquents
d. All of these
5. When the accused claims that he acted in self defense,
motive a determinant of criminal liability. This statement is 11. A _______ is constituted when a single act causes two
or more grave or less grave felonies or when an offense is
a. True
committed as a necessary means to commit another
b. False
offense (Art. 48, RPC.)
c. It depends on the judge
d. It depends on the prosecutor a. Complex crime
b. Duplex crime
6. Error in personae or mistake in identity occurs when the
c. Alternate crime
offender hits or injures another person and not the victim
d. Felony
intended. In this case, the penalty for the lesser offense is
 Amici Review Center Page 12
12. Instigation takes place when a peace officer induces a c. two or more grave or less grave felonies d.
person to commit a crime. This statement is two or more crimes against person

a. True, as it is defined by law 18. Complex crimes or delito continuado or continuous

b. False, this is a case of entrapment crimes mandate that only one information should be filed
c. True, by reason of public policy against the offender; the term "continuing crime" is more
d. False, crime must originate from the peace officer pertinently used with reference to the

13. Reclusion Perpetua is a penalty prescribed under the a. place where the crime is committed
RPC while life imprisonment is a penalty under special b. venue where the criminal action may be
laws; Reclusion Perpetua has accessory penalties. Life instituted
imprisonment has no accessory penalties; In Reclusion c. person who committed the crime
Perpetua, the accused is entitled to parole after serving 30 d. time of the commission of the crime
years imprisonment. Life imprisonment has no fixed
19. In rebellion, there is public uprising and taking up arms
duration. This statement is
against the Government. In coup d' etat, public uprising is
a. Absolutely false, it should be the other way around not necessary. The essence of the crime is
b. True, as they are correctly distinguished c.
a. swift attack, accompanied by violence,
Partially true
intimidation, threat, strategy or stealth b.
d. Partially false
tumultuous affray
14. A circumstance which shows the lesser perversity of c. terroristic means and use of force
the offender and which will result in the imposition of the d. all of these
minimum period of the penalty prescribed in the law.
20. Which of the following crimes has the purpose of
Which of the following is being defined?
seizing or diminishing state power?
a. Aggravating circumstance
a. Rebellion
b. Justifying circumstance
b. Sedition
c. Mitigating circumstance
c. Coup d' etat
d. Exempting circumstance
d. Treason
15. A generic aggravating circumstance can be offset
21. In recidivism, the crimes are embraced in the same
by a mitigating circumstance; a qualifying aggravating
title of the Revised Penal Code. In habitual delinquency,
circumstance cannot be offset by a mitigating
the crimes are specified, which are
circumstance. This statement is -

a. crimes against persons and properties only b.

a. Correct
homicide, parricide, and infanticide
b. Incorrect
c. serious physical injuries, less serious physical
c. It depends on the judge
injuries, theft, robbery, estafa, and
d. It depends on the prosecutor
falsification
16. A _____ or single indivisible offense is composed of d. forgery, estafa, and theft
two or more crimes but in the eyes of the law, the offender
22. In recidivism, no period of time is fixed between the
incurs only one criminal liability. Examples: Robbery with
former conviction and the last offense . In habitual
Homicide, Rape with Homicide, Kidnapping with Homicide.
delinquency, conviction of any of the specified crimes must
a. Special complex crime take place within
b. Delito continuado
a. 20 years from the last conviction or release b.
c. Delito compuesto
10 years from the time of incarceration
d. All of the above
c. 10 years from date of arrest
17. The crime is called Delito Compuesto (Compound d. 10 years from the last conviction or release
crime) when a single act causes:
23. In impossible crime, the act performed should not
a. two or more felonies combined with offenses constitute another offense, specifically punished by law.
b. two or more crimes against properties
 Amici Review Center Page 13
The moment another crime is committed, there can be no 28. A battered woman is a woman who is repeatedly
impossible crime. The offender is liable for that crime subjected to any forceful physical or psychological
which was committed in the process. This statement is behavior by a man in order to coerce her to do something
he wants her to do without concern for her rights. In order
a. correct
to be classified as a battered woman, the couple must go
b. incorrect
through the acute battering cycle -
c. doubtful
d. not applicable to impossible crimes a. at least twice
b. even once
24. What is called misappreciation of facts such that the
c. several times that the court must appreciate d.
act of the accused would have been lawful had the facts
seven times
been as the accused believed them to be?
29. Under the law, there is when a person of advanced
a. Honest mistake of fact
age has the mental development comparative to that
b. Delinquency
of a child between two and seven years of age.
c. Misdemeanor
d. Abberacio ictus a. Insanity
b. Imbecility
25. Having sexual intercourse with a woman who is
c. Mental Retardation
already dead but the offender thought that she was alive.
d. Feeblemindedness
Rape cannot be committed against dead woman. Rape is
now a crime against persons under RA 8353. It is no longer 30. In criminal law, exists when there is complete
a crime against chastity that it used to be under Art. 335 deprivation of intelligence. Mere abnormality of the mental
of the Revised Penal Code. faculties will not exclude imputability. This statement is -

a. Hence, the law should be repealed a. True

b. Hence, rape is an impossible crime for women c. b. False
Hence, there is now an impossible crime of rape c. It depends on the judge
d. Hence, rape is not applicable to a dead person d. It depends on the defense lawyer

31. Jojo, a 16 year old boy, was charged for Violation of

RA 9165 (The Comprehensive Dangerous Act of 2002).
26. In attempted felony, the offender does not perform all
After trial, the Court convicted him and imposed upon him
the acts of execution. In frustrated felony, the offender
the penalty of Life Imprisonment. In its decision, the Court
performs all the acts of execution. In crimes of violence, if
did not appreciate the privilege mitigating circumstance of
the offender does not inflict a mortal wound, he does not
minority, and did not also apply the provisions of the
perform all the acts of execution. Thus, Pedro with intent
Indeterminate Sentence Law in Jojo's favor. Is the court
to kill hacked Juan and the latter was not hit. Pedro is liable
correct?
for -
a. Yes, RA 9165 is a special law.
a. Frustrated homicide
b. Yes, Life imprisonment is not a penalty under the
b. Attempted homicide
RPC.
c. Consummated homicide
c. Yes, under the ISL, a person sentenced to suffer life
d. Impossible homicide
imprisonment cannot avail of the benefits of the
27. If the offender knew that his would be victim was law
already dead when he stabbed him, he is not liable for an d. All of the above are correct
impossible crime because his mind was no longer criminal.
32. If the offender is 15 years old or less at the time of the
He knew that he cannot inflict any injury anymore to a
commission of the offense, he is exempt from criminal
dead person. This statement is -
liability but not from civil liability. But although he is
a. Correct exempt from criminal liability, he shall be subjected to -
b. Incorrect
a. Rehabilitation Program
c. It depends on the judge
d. It depends on the prosecutor
 Amici Review Center Page 14
b. Intervention Program
c. Youth Incarceration
d. House for Children in Conflict with the Law
33. Occurs within a period of 10 years from the date of his
last release or last conviction of any of the crimes of
Serious Physical Injuries, Less Serious Physical Injuries,
Theft, Robbery, Estafa, Falsification, he is found guilty the
third time or oftener.
a. Reiteracion or habituality
b. Recidivism
c. Habitual delinquency
d. All of the above
34. Treachery is present in crimes against persons only. Its
essence is that the victim has no opportunity to defend or
retaliate from the attack made by the offender. Thus, if a
pickpocket took the wallet of the offended party without
his knowledge, treachery is not present because the crime
of Theft is not a crime against persons but a crime against
property.
a. The statement is correct
b. The statement is incorrect
c. The statement is illegal
d. The statement is absolutely uncertain
35. Treachery is present in crimes against persons only. Its
essence is that the victim has no opportunity to defend or
retaliate from the attack made by the offender. Thus, if
the accused had sexual intercourse with the victim who
was sleeping and therefore had no chance to defend
herself, is there treachery?
a. Yes, there is treachery because Rape is now
a crime against persons and no longer a
crime against chastity.
b. Yes, because the victim was a woman.
c. No, because deep sleep is not a defense d. No,
because in treachery, the victim must be fully awake.
36. A person, who is not a principal or accessory but who
after coming to know a conspiracy or after seeing the
principal by direct participation commit an offense,
concurs, conforms or approves such conspiracy or act, by
previous or simultaneous acts. His participation however,
should not be equal to or greater than the act of the
principal by direct participation, is considered -
a. conspirator
b. an accomplice
c. accessory
d. principal by inducement
37. A private person who harbors, conceals or assists in
the escape of the principal who is guilty of treason,
parricide, murder, or an attempt on the life of the Chief
Executive or is known to be a habitual delinquent, is
considered -
a. conspirator
b. an accomplice
c. accessory
d. principal by direct participation
38. Martin engaged in a fist fight with John, an election
officer, wherein the former suffered a big lump in the
forehead. One day, when Martin chanced upon John, he
thought of taking revenge on the latter for the injury he
suffered. Martin hit John's head with a baseball bat,
causing the latter to fall unconscious. What crime did
Martin commit?
a. Direct Assault
b. Homicide
c. Grave Physical Injuries
d. Murder
**Note: Hindi siya direct assault kasi hindi naman related
sa performance ng function.
39. Thomas was convicted for having killed Magno. His
son, Tommy, hid the gun that was used in the killing to
prevent the discovery of the crime. Tommy was charged
and convicted under PD No. 1829 which penalizes the act
of obstructing the apprehension and prosecution of
criminal offenders. Tommy argues that he should not be
punished because Article 20 of the Revised Penal Code
exempts a descendant from criminal liability as an
accessory if be conceals the body of the crime in order to
prevent its discovery. Is the argument tenable?
a. No, the exception in Article 20 of the RPC does not
apply to PD No. 1829.
b. No, the offender is being penalized as a principal
for the act of obstructing the apprehension and
prosecution of criminals.
c. Both A and B are correct
d. Both A and B are incorrect
40. What are the acts considered as obstruction in the
apprehension and prosecution of offenders punished under
PD No. 1829?
a. Preventing witnesses from testifying in any criminal
proceeding or from reporting the commission of
any offense or the identity of
 Amici Review Center Page 15
offenders by means of bribery, misrepresentation,
deceit, intimidation force or threats
b. Altering, destroying, suppressing or concealing
evidence in criminal cases
c. Harboring or concealing or facilitating the escape of
any person he knows or has reasonable ground to
believe or suspect
d. All of these
41. On ________ President Gloria M. Arroyo signed RA
9346, An Act Prohibiting the Imposition of Death Penalty in
the Philippines.
a. June 24, 2008
b. June 24, 2002
c. June 24, 2006
d. June 14, 2007
42. It is settled that there is no complex crime of Arson
with Homicide. When fire is used with the intent to kill a
particular person who may be in a house and that objective
is attained by burning the house, the crime is -
a. Arson only
b. Homicide only
c. Murder only
d. Malicious mischief
43. It is a sentence with a minimum term and a maximum
term, which the court is mandated to impose to the benefit
of a guilty person who is not disqualified. It applies to both
violations of Revised Penal Code and special laws. What is
being described?
a. Period of a sentence
b. Scale of a penalty
c. Indeterminate sentence
d. Term of a sentence
44. What law punishes the crime of Obstruction of Justice?
a. PD 1829
b. RPC, Art. 178
c. RA 7438
d. None of these
45. A group of persons gathered and attended a meeting
where they discussed how to distribute shabu in different
schools and universities. Is their Illegal assembly?
a. No, because Illegal Assembly does not
include a violation of special law
b. Yes, because drug distribution is illegal
c. Yes, because the meeting in itself was illegal
d. Yes, because illegal assembly is committed by
people in a meeting
46. Jonathan, a law student, was flunked in Criminal Law
by his law professor, Atty. Dimagiba. Angered by this,
Jonathan waited for Atty. Dimagiba and hit him with a
bottle of San Miglight. Atty. Dimagiba was injured and
underwent medical attendance for three days. Jonathan
was charged with the complex crime of Direct Assault with
Slight Physical Injuries. Is the charge correct?
a. No, it should have been slight physical injuries only
b. No, it should have been attempted homicide c. No,
in the crime of direct assault, slight physical
injuries is absorbed
d. Yes, the charge is absolutely correct
47. What crime is committed by rising publicly and
tumultuously in order to attain by force, intimidation, or by
other means outside of legal methods?
a. Rebellion
b. Sedition
c. Insurrection
d. Treason
48. The Local Government Code expressly provides in part
that for purposes of the Revised Penal Code, the Punong
barangay, Sangguniang barangay members, and members
of the Lupong Tagapamayapa in each barangay shall be
deemed as persons in authority in their jurisdictions. Thus,
a kagawad is considered a person in authority. This
statement is
a. Correct
b. Incorrect
c. Doubtful
d. Uncertain
49. Pedro was charged with Homicide. A warrant for his
arrest was issued. He left Luzon and went to Mindanao to
prevent his arrest and prosecution. While in Mindanao, he
publicly used another name to prevent his arrest. What
crime or crimes did Pedro commit?
a. Obstruction of Justice
b. Using Fictitious Name
c. Concealing a Crime
d. Evading Prosecution
50. This is a crime of relationship. But knowledge of a
relationship is not necessary. Thus, if a person kills a
person whom he does not know was his son, he is liable
for
 Amici Review Center Page 16
a. Murder or Homicide as the case maybe grounds. The accused took the victim to the highway
b. Parricide leading to another town. The victim told the accused that
c. Homicide only she wanted to go to the station but the accused refused to
d. Murder only let her go. What is the crime committed?

51. What takes place when a quarrel takes occurs between a. Kidnapping
several persons not comprising organized groups and b. Grave coercion
engages in a fight in a confused and tumultuous manner in c. Abduction
the course of which a person is killed or wounded and the d. Illegal detention
author thereof cannot be ascertained?
56. Pepe owes Kiko P50, 000. Pepe was not able to pay.
a. Public Uprising Kiko compelled Charlie, a 14 year old son of Pepe to work
b. Rumble for him as household helper under the excuse of
c. Tumultuous Affray reimbursement of the unpaid debt of his father. Kiko is
d. Mass Execution liable for what crime?

52. If in the course of the rumble Pedro and Juan were a. Illegal detention
identified as the ones who stabbed Mike. It cannot be b. Kidnapping
ascertained though who between them inflicted the fatal c. Exploitation of child labor
blow that resulted to the death of Mike. What crime did d. No crime committed
Pedro and Juan commit?
57. Pepe owes Kiko P50, 000. Pepe was not able to pay.
a. Both committed the crime of death in Kiko compelled Pepe to work for him as his personal driver.
tumultuous affray because they committed Kiko liable? For what crime?
it in the course of a rumble
a. No, Kiko is not liable for a any crime
b. Both committed the crime of homicide because
b. Yes, Kiko is liable for slavery
they were identified as the killers
c. Yes, Kiko is liable for coercion
c. Both committed the crime of murder because there
d. Yes, Kiko is liable for compelling a debtor to
was alevosia
work
d. Both committed the crime of Public uprising
58. Tom was jogging in an uninhabited place at around at
53. Tonton threatened to kill Janice with a gun. Because of
5 a.m. He saw a man profusely bleeding. The man asked
fright, Janice who was 2 months pregnant suffered
him to help him and bring him to the hospital. Tom ignored
abortion. Tonton was charged with Intentional Abortion. Is
the man and continued to jog away. Is Tom liable? For
the charge correct?
what crime?

a. No, because Tonton did not intentionally

a. Yes, Tom is liable for abandonment of a
cause the abortion
person in danger
b. Yes, the charge is absolutely correct
b. No, Tom did not commit any crime
c. It depends upon the judge
c. Yes, Tom is liable for homicide by abandonment d.
d. It depends upon the defense lawyer
Yes, Tom is civilly liable for damages
54. What is committed by any person who, under the
59. If a person stole a credit card and uses the same to
circumstances mentioned in the first paragraph of RA
obtain goods or services, he would be liable to which of
8353, inserts his penis into the mouth or anal orifice, or
the following?
any instrument or object into the genital or anal orifice, of
another person? a. Theft and Estafa under the Revised Penal Code b.
Violation of RA 8484 (Access Devices Regulation Act
a. Simple Rape
of 1998)
b. Multiple Rape
c. Violation of RA 8792 (Electronic Commerce Act of
c. Rape by sexual assault
2002)
d. Rape by sexual intercourse
d. All of the above
55. The accused and the victim were strolling on the school
 Amici Review Center Page 17
60. What crime is committed when a person catches, takes violated the Dangerous Drugs Law, in order to prevent the
or gathers. or causes to be caught, or gathered fish, by arrest, prosecution and conviction of the violator.
means of electricity, obnoxious or poisonous substances?
a. Enforcer
a. Illegal Fishing b. Corrupter
b. Illegal Use of explosives and or chemicals c. c. Coddler
Theft d. Corruptee
d. No crime is committed
67. What is properly being violated of one who receives
61. What is PD 1612? services from a child in a sauna parlor, massage clinic, or
any other similar establishments?
a. Anti-fencing law
b. Anti-illegal logging a. RA 7658
c. Anti-illegal fishing b. RA 9610
d. Arson Law c. RA 7610
d. PD 603
62. A stepfather got mad at his stepdaughter. He gathered
her clothes and put them on a luggage and burned them. 68. Andres with intent to kill fired his gun at Berto hitting
What crime did the stepfather commit? him on his right shoulder. The injury required medical
attendance for 2 days only. The gun used by Andres was
a. Malicious mischief
not licensed and he has no license to carry the gun. What
b. Arson
crime or crimes did Andres commit?
c. No crime committed
d. Vandalism a. Separate crimes of Homicide and Illegal Possession
of Firearms
63. What crime is committed by a married woman who
b. Attempted Homicide only
shall have sexual intercourse with a man not her husband
c. Illegal Possession of Firearms
and by the man knowing her to be married?
d. Slight Physical Injuries
a. Adultery
69. Marco, a security guard, fired his gun in the air causing
b. Concubinage
alarm in the community. He was arrested by policemen. It
c. Abduction
was found out that he has a license to possess the gun
d. Seduction
and permit to carry. It was found out though that his
64. Anton is married to Veronica. He has been separated license has expired. Is Marco liable for Illegal Possession of
from Veronica since 2004. Anton got married to Michelle in Firearms?
2007. Michelle knew that Anton was previously married.
a. No, it is now established that when an
What crimes did Anton and Michelle commit if any?
unlicensed firearm is used to commit
a. Bigamy another crime which is not Homicide or
b. Adultery and Concubinage Murder, offender is liable for that crime

c. No crime committed committed.

d. Illegal Marriage b. Absolutely yes, the gun has no license

c. No, because Marco was a security guard d. No,
65. Any person who shall publish, exhibit or causes the
because he just fired an unlicensed firearm
publication of any"defamatory imputation to another LS
liable for 70. What do we call these crimes were they are grievous,
odious and hateful offenses, which by reason of their
a. Libel
inherent or manifest wickedness, viciousness atrocity and
b. Bigamy
perversity are repugnant and outrageous to the common
c. Violation of RA 10175
standards and norms of decency and morality in a just,
d. All of the above
civilized and ordered society?

66. Under RA 9165, _______ is refers to any person who

a. Terroristic Crimes
uses his power or position in, inter alia, facilitating the
b. Heinous Crimes
escape of any person whom he knows ore believes, has
c. White Collar Crimes
 Amici Review Center Page 18
d. Crimes by passion
71. In the Philippines, the Death Penalty Law has been
superseded by Republic Act No. 9346. This statement is -
a. Absolutely true
b. Absolutely false
c. False, it should have been RA 3946
d. True, in the 1990's
72. It is the crime committed by any public officer who by
himself or in connivance with members of his family,
relative by consanguinity, business associates, subordinate
or other persons amasses, accumulates or acquires ill
gotten wealth through a combination or series of overt or
criminal acts in the aggregate amount or total value of at
least P50, 000,000.00, as amended by RA no. 7659.
a. Malversation of public funds
b. White collar crime in the Philippines
c. Plunder
d. Republic Act No. 7080
73. Who among the following is not a Public Officer under
R.A. No. 7080?
a. An Executive
b. Appointed government official
c. Elected government official
d. Official of a GOCC
74. This refers to any asset, property, business, and
enterprise or material possession of any person, acquired
by him directly or indirectly through dummies, nominees,
agents, subordinates and/or business associates.
a. Public Funds
b. Money laundered
c. Ill-gotten wealth
d. Money Commissioned
75. What court has the jurisdiction to hear and try Plunder
cases?
a. Regional Trial Courts
b. Ombudsman
c. Sandiganbayan
d. Any regular court
76. What is the prescriptive period for plunder cases?
Though the right of the State to recover properties
unlawfully acquired by public officers from them or from
their nominees or transferees is not barred by prescription,
laches, or estoppels.
a. 20 years
b. 30 years
c. No prescriptioneriod
d. 25 years
77. ________ is a crime whereby the proceeds of an
unlawful activity are transacted thereby making them
appear to have originated from legitimate sources.
a. Malversation of Public Funds
b. Money laundering
c. Ill-gotten wealth
d. White collar crime Philippines
78. Any person knowing that any monetary instrument or
property represents or involves the proceeds of any
unlawful activity, performs or fails to perform any act as a
result of which he facilitates the offense of _______.
a. Malversation of public funds
b. Estafa
c. Money laundering
d. Plunder
79. Persuading, inducing or influencing another public
officer to perform an act constituting a violation of rules
and regulations duly promulgated by competent authority
or an offense in connection with the official duties of the
latter, or allowing himself to be persuaded, induced, or
influenced to commit such violation or offense shall be
liable for -
a. Violation of Republic Act No. 3019 b.
Violation of Republic Act No. 7610
c. Violation of Republic Act No. 7080
d. Violation of Republic Act No. 9165
80. In all criminal cases appealed to the Court of Appeals,
the party appealing the case shall be called the ______
and the adverse party the _______, but the title of the
case shall remain as it was in the court of origin.
a. "Appelant"-"Appellee"
b. "Appellee"-"Appelant"
c. "client"-"clientele"
d. "petitioner"-"petitioned"
81. Is a Christmas or birthday gift received by a public
officer considered a corrupt practice?
a. Yes, even if it was unsolicited
b. Yes, under the bounce of the Anti-graft and corrupt
practices act
c. No, if the gift was unsolicited and of small or
insignificant value
 Amici Review Center Page 19
d. No, they are not covered under the law b. Republic Act 3816
c. Republic Act 4485
82. Is a public officer who is being investigated or is facing
d. Presidential Decree No. 533
charges of graft and corruption allowed to resign or retire
during the pendency of the investigation or the case 87. Batas Pambansa Bilang. 22 is also known as
against him?
a. Anti —Bouncing Check Law
a. Yes, it is his or her right to resign or retire. b. No, b. Anti.—Estafa Law
no public officer is allowed to resign or retire c. Anti—Fraud and Deceit Law
pending an investigation, criminal or d. Banking Law of the Philippines
administrative or pending a prosecution against
88. Under the rules, ________ before a judgment of
him, for any offense under R.A. No. 3019 or
conviction becomes final, the court may, on motion of the
under the provisions of the RPC on bribery
accused or at its own instance but with the consent of the
c. Yes, upon application approval of his or her
accused, grant new trial or reconsideration.
resignation by proper authority
d. Yes, he or she may resign or retire as a show of a. 15 days
good faith b. 10 days
c. At anytime
83. Any person who engages in trading and dealing with
d. D. 20 days
children including, but not limited to, the act of buying and
selling of a child for money, or for any other consideration, 89. Taking away by any means, methods or scheme,
or barter shall be liable for - without the consent of the owner/ raiser, of a large cattle
whether or not for profit or gain, or whether committed
a. Child Trafficking
with or without violence against or intimidation of any
b. Child Prostitution
person or force upon things is a crime called—
c. Child Abuse
d. Child Exploitation a. Cattlenapping
b. Cattle Rustling
84. The taking, with intent to gain, of a motor vehicle
c. Qualified Theft
belonging to another without the latter's consent, or by
d. Illegal Animal Shipment
means of violence against or intimidation of persons, or by
using force upon things is called — 90. _______ is the act of any person who, with intent to
gain for himself or for another, buy, receive, possess,
a. Robbery
keep, acquire, conceal, sell or dispose of, or buys and sells,
b. Qualified Theft
or in any manner deal in article, item, or anything of value,
c. Carnapping
which he knows, or should be known to him, to have been
d. Brigandage
derived from the proceeds of the crime of robbery or theft.

85. While on board AirBus 301 bound to Cebu Airport,

a. Double Robbery or Theft
Jackie compelled Mr. Wong, the pilot, to change in course
b. Piracy
or destination of the aircraft to Clark airport. What crime
c. Fencing
Jackie is liable for?
d. Extortion

a. AirBus Hold up
91. Any attack upon or seizure of any vessel, or the taking
b. Hijacking
away of the whole or part thereof, or its cargo, equipment,
c. Robbery
or the personal belonging of its complement or
d. No crime committed
passengers, irrespective of the value thereof, by means of

86. Tapping any wire or cable, or using any other device violence against or intimidation of persons or force upon

or arrangement, to secretly overhear, intercept, or record things is an act of -

a private communication/ conversation or spoken word

a. Brigandage
without the knowledge or consent of all the parties is a
b. Piracy
crime punished under —
c. Robbery
a. Republic Act 4200
 Amici Review Center Page 20
d. Carnapping a. The defense
b. The prosecution
92. Hazing is an initiation rite or practice as a prerequisite
c. Any party
for admission into membership in a fraternity, sorority or
d. No one
organization by placing the recruit, neophyte or applicant
in some embarrassing or humiliating situations such as 98. What is called an order in writing issued in the name of
forcing him to do menial, silly, foolish and similar tasks or the People of the Philippines, signed by a judge and
activities or otherwise subjecting him to physical or directed to peace officer, commanding him to search for
psychological suffering or injury. This crime is punishable personal property described therein and bring it before the
under - court?

a. Republic Act No. 8890 a. Warrant

b. Republic Act No. 8049 b. Arrest Warrant
c. Republic Act No. 9814 c. Search Warrant
d. Republic Act No. 6425 d. Information

93. It is the act of fishing with gear method or other
physical or mechanical acts that destroy coral reefs, sea
grass beds and other fishery marine life
punishable under Philippine Fisheries Code of 1998 and
R.A. 8550. Which one is being defined?
a. "Sisid-Marino"
b. "Muro Ami"
c. Illegal fishing
d. All of these
94. It includes the practice of issuing an "invitation" to a
person who is being investigated in connection with an
offense he is suspected to have committed. This refers to -
a. Extra judicial confession
b. Custodial Investigation
c. Preliminary Investigation
d. Cross and Direct Examination
95. Republic Act No. 7877 is also known as
a. Anti-Money Laundering Act
b. Anti-Graft and Corrupt Practices Act
c. Anti-Illegal Logging Act
d. Anti-Sexual Harassment Act
96. The adjudication by the court that the accused is guilty
or not guilty of the offense charged and the imposition on
him of the proper penalty and civil liability, if any, is called
-
99. The declaration of an accused acknowledging his guilt
of the offense charged or of any offence necessarily
habitat, included therein, may be given in evidence against him.
What is being defined?
a. Testimony
b. Declaration
c. Admission
d. Confession
100. On March 5, 2002, X issued five (5) checks to Y.
When the checks became due, Y presented them to the
drawee bank for payment but the checks were dishonored
for the reason "account closed". As a consequence, Y filed
five (5) counts of violation of B.P. 22 against X. X filed a
Motion to Quash the cases. He argued that there is a rule
in criminal law that there is only one offense when the
offender is
moved by one "criminal intent". He contended that
applying the rule, he can only be charged with one offense,
that is, the five. (5) cases of alleged violation of B.P. 22
should be lumped in one information. Is X correct?
a. Yes, under the Single Larceny Doctrine
b. No, the accused is not correct. Each act of
drawing and issuing a bouncing check
constitutes a violation of B.P.
c. It depends on the judge
d. It depends on the prosecutor

a. Contempt of court
b. Judgment PART 3 – CRIMINAL JURISPRUDENCE,
PROCEDURE AND EVIDENCE
c. Clerk of Court
1. What is the duration of Arresto Mayor as a penalty?
d. Appeal
97. Under the rules, may appeal from a judgment or final
a. One day to thirty days,
order, unless the accused will be placed in double
jeopardy.
 Amici Review Center Page 21
b. As the court may determine d. Power of the State
c. Six months and one day to six years
8. It is concerned with the procedural steps through
d. One month and one day to six months
whicha criminal case passes, commencing with the initial
2. If the convict has no property with which to meet the investigation of a crime and concluding with the
fine of his pecuniary liabilities, he shall be subject to unconditional release of the offender. What is being
______. defined?

a. Accessory penalty a. Criminal Procedure

b. Preventive imprisonment b. Criminal Evidence
c. Subsidiary penalty c. Criminal Law
d. Afflictive penalty d. Remedial Law

3. One by which a party sues another for the enforcement
or protection of a right or the prevention or redress of a
wrong. What is being defined?
a. Civil action
b. Criminal action
c. Special proceedings
d. Remedial action
4. It is the method prescribed by law for the apprehension
and prosecution of persons accused of any criminal
offense, and their punishment, in case of conviction.
a. Criminal Law
b. Criminal Procedure
c. Criminal Evidence
d. Remedial Law
5. It is a process directed to a person requiring him to
attend and testify at the hearing or trial or the trial of an
action or at any investigation conducted by competent
authority or the taking of his deposition.
9. It is a writ addressed to the defendant, directing him to
answer within the time prescribed by. the rules the
complaint filed against him by the plaintiff, with a notice
that unless he so answers, plaintiff will take judgment by
default and maybe granted the relief applied for.
a. Court Order
b. Summons
c. Subpoena
d. Warrant
10. _______ are remedies by which a party seeks to
establish a status, a right, or a particular fact.
a. Criminal Action
b. Special proceedings
c. Administrative case
d. None of the above
11. It is a generic term used to describe the network of
laws and rules which govern the procedural administration
of criminal justice.

a. Summons a. Criminal Law

b. Subpoena b. Criminal Evidence
c. Court Order c. Criminal Procedure
d. Warrant d. Remedial Law

6. It is an accusation in writing charging a person with an 12. What is called the authority ,to hear and decide a
offense, subscribed by the prosecutor and filed with the particular offense and impose punishment for it?
court.
a. Criminal Evidence
a. Information b. Criminal Jurisdiction
b. Mittimus c. Power of the Court
c. Court Order d. Juridical Power
d. Complaint
13. The facts alleged in the complaint and the laws in force
7. ______ is one by which the State prosecutes a person at the time of the commencement of the action determine
for an actor omission punishable by law. the jurisdiction of a court. This statement is -

a. Civil Action a. Correct, as it is a general rule

b. Remedial Action b. Incorrect, as not one among the rules
c. Criminal Action c. It depends on the judge to consider
 Amici Review Center Page 22
d. It depends on the law existing at the time of b. parents of offended spouse
application c. guardian of offended party
d. grandparents of offended party
14. It is the process of resolving a dispute or a grievance
outside of the court by presenting it to a third party or a 20. For a complaint or information to be sufficient, it must
panel decision. state the following, except

a. Mediation a. the name of the accused

b. Arbitration b. the designation of the offense
c. Amicable settlement c. the acts or omissions complained of
d. Negotiation d. the age of the offended party

15. In Katarungang Pambarangay proceedings, may the 21. When an offense is committed by more than one
parties appear with the assistance of their counsel? person, all of them shall be included in the complaint or
information. This statement is
a. Yes, because of their right to have counsel b. No,
appearance of a lawyer in all Katarungang a. correct
Pambarangay proceedings is prohibited b. not necessary, under the rules
c. Yes, at the prerogative of each party c. incorrect
d. No, unless the lupon chairman allows it d. doubtful

16. It is a sworn written statement charging a person with 22. The rule provides that the complaint or information
an offense, subscribed by the offended party, any peace must state the name and surname of the accused or any
officer, or other public officer charge with the enforcement appellation or nickname by which he has been or is known.
of the law violated. What if his name cannot be ascertained? The rule says

a. Subpoena a. leave the name blank to be supplied later on b. the

b. Warrant name "juan de la cruz" should be used c. he must be
c. Complaint described under a fictitious
d. Summons name with a statement that his true name
is unknown
17. Under the rules, all criminal actions commenced by a
d. the name "john doe" should be entered
complaint or information shall be prosecuted under the
direction and control of the _______. 23. The rule provides that the complaint or information
shall state the designation of the offense given by the
a. Judge
statute, aver the acts or omissions constituting the
b. Policeman
offense, and specify its qualifying and aggravating
c. Prosecutor
circumstances. If there is no designation of the offense,
d. Lupon chairman
then
18. As an exception to the rule, in Municipal Trial Courts or
a. reference shall be made to the section or
Municipal Circuit Trial Courts when the prosecutor
subsection of the statute punishing it
assigned thereto or to the case is not available, the
b. reference shall be based on the provisions of the
following can prosecute the case, except
Revised Penal Code
a. the MTC judge c. reference shall be made on the basis of special laws
b. the offended party d. reference shall be made in accordance with the civil
c. any peace officer code
d. public officer charged with enforcement of the law
24. The acts or omissions complained as constituting the
violated
offense and the qualifying and aggravating circumstances
19. In the crimes of adultery and concubinage, it shall not must be stated in ordinary and
be prosecuted except upon a complaint filed by -
a. shall be translated to Tagalong or Ilocano dialect b.
a. the offended spouse concise language
 Amici Review Center Page 23
c. not necessarily in the language used in the statue d.
as long as the person know what offense is being
charged
25. The complaint or information is sufficient if it can be
understood from its allegations that the offense was
committed or some of its essential ingredients occurred at
some place within -
a. the locality
b. the reach of coverage area
c. the jurisdiction of the court
d. the identification of the person
26. It is not necessary to state in the complaint or
information the precise date the offense was committed
except -
a. when it is a material ingredient of the offense b.
when the offense may be alleged to have been
committed on a date as near as possible to the actual
date of its commission
c. Both A and B are correct
d. when date is clearly known
27. Where an offense is committed in a train, aircraft, or
other public or private vehicle in the course of its trip, the
criminal action shall be instituted -
a. at the nearest RTC where such train, aircraft, or
other vehicle passed during its trip.
b. at the nearest MTC where such train, aircraft, or
other vehicle passed during its trip.
c. under the prerogative of the prosecutor d. in the
court of any municipality or territory where such
train, aircraft, or other vehicle passed during its
trip, including the place of its departure and
arrival.
28. A complaint or information is sufficient in substance if
it doesn't contain any of the defects which is a ground for
a motion to quash. A motion to quash, once granted, is
equivalent to dismissal, but not acquittal. This statement is
a. Correct
b. Incorrect
c. Sometimes correct
d. Sometimes incorrect
29. If acquittal is based on the merits of the case, dismissal
is based on ______.
a. crime committed
b. technicality
c. judge's prerogative
d. lack of evidence
30. It is an inquiry or proceeding to determine whether
there is sufficient ground to engender a well-founded
belief that a crime has been committed and the
respondent is probably guilty thereof, and should be held
for trial.
a. Prejudicial question
b. Double jeopardy
c. Preliminary Investigation
d. Probe
31. A preliminary investigation is required to be conducted
before the filing ofa complaint or information for an
offense where the penalty prescribed by law is?
a. Capital punishment
b. Life imprisonment
c. at least four (4) years, two (2) months and
one (1) day without regard to the fine
d. prision mayor to reclusion perpetua
32. Which among the following is not authorized to
conduct preliminary investigation?
a. National and Regional State Prosecutors b.
Provincial or City Prosecutors
c. Judges of lower courts
d. City Assistant Prosecutors
33. Within how many days after the filing of the complaint,
the investigating officer either dismiss or issue a subpoena
to the respondent?
a. 10 days, according to the procedures b.
15 days, according to the rules
c. 20 days, according to the judge
d. At any time, according to the prosecutor
34. Within how many days from receipt of the subpoena
with the complaint and supporting affidavits and
documents, the respondent should submit his counter
affidavit and that of his witnesses and other supporting
documents relied upon for his defense?
a. 10 days, according to the procedures b.
15 days, according to the rules
c. 20 days, according to the judge
d. At any time, according to the prosecutor
35. Within how many days after the investigation, the
investigating officer should determine whether or not there
is sufficient ground to hold the respondent for trial?
 Amici Review Center Page 24
a. 10 days, according to the procedures b. b. Incorrect
c. Sometimes correct
15 days, according to the rules
d. Sometimes incorrect
c. 20 days, according to the judge
d. At any time, according to the prosecutor 41. It is now a settled rule that the time of making arrest
can be made during the day and at any time of the day
36. An arrest is made by an actual restraint of a person to
only. This statement is -
be arrested, or by -

a. True
a. recognizance
b. False
b. way of probation
c. It depends upon the judge
c. his submission to the custody of the person
d. It depends upon the arresting officer
making the arrest
d. voluntary detention 42. When making an arrest by virtue of a warrant, the
officer shall inform the person to be arrested of the cause
37. The duty of the officer executing the warrant to arrest
of the arrest and the fact that a warrant has been issued
the accused is to -
for his arrest, except -
a. detain the arrested person within the time
a. when he flees or forcibly resists before the officer
prescribed by law
has opportunity to so inform him
b. deliver him to the nearest police station or
b. when the giving of such information will imperil the
jail without unnecessary delay
arrest.
c. conduct preliminary investigation
c. Both A and B are correct
d. lock up the person to the detention cell for
d. voluntary surrender
safekeeping
43. An officer, in order to make an arrest either by virtue
38. Are there how many Justices of the Supreme Court of
of a warrant, or without a warrant, may break into any
the Philippines?
building or enclosure where the person to be arrested is or
a. 13 Justices excluding the Chief Justice is reasonably believed to be, if he is refused admittance
b. 15 Justices including the Chief Justice c. thereto, after announcing his authority and purpose. Is this
16 Justices including the Chief Justice allowed?

d. 12 Justices excluding the Chief Justice

39. The head of the office to whom the warrant of arrest
was delivered for execution shall cause the warrant to be
executed within ten (10) days from its receipt. Within ten
(10) days after the expiration of the period, the officer to
whom it was assigned for execution should -
a. make a follow up investigation on the progress of
the execution of the warrant
a. No, it is a violation of domicile
b. No, it is trespass to dwelling
c. Yes, it is in accordance with the rules d.
Yes, according to the judge
44. If a person lawfully arrested escapes or is rescued, any
person may immediately pursue or retake him without a
warrant at any time and in any place within the Philippines.
This statement is -

b. make a report to the judge who issued the

a. Correct, in accordance with the rules b.
warrant
Incorrect, it is baseless
c. execute the warrant by himself
c. Sometimes correct, when the person is unidentified
d. apply to the court for another warrant
d. Sometime incorrect, unless with a valid search
40. When the person to be arrested is a prisoner who has warrant
escaped from a penal establishment or place where he is
45. A restraint on person, depriving one of his own will and
serving final judgment or is temporarily confined while his
liberty, binding him to become obedient to the will of the
case is pending, or has escaped while being transferred
law. What is being defined?
from one confinement to another, there is no need for a
warrant of arrest. This statement is a. Custody
b. Arrest
a. Correct
c. Search
 Amici Review Center Page 25
d. Seizure b. the Regional Trial Court
c. the court where the complaint or information
46. What is the literal meaning of the Latin phrase "In
was filed or assigned for trial d. the Supreme
flagrante delicto"?
Court
a. "caught in the act of wrong"
52. It'is an order in writing issued in the name of the
b. "hot pursuit of a person"
People of the Philippines, signed by a judge and directed
c. "delicate flower flagrance"
to a peace officer, commanding him to search for personal
d. "in the name of the people"
property described therein and bring it before the court.
47. For purposes of search and seizure, the officer can
a. Warrant of Arrest
break into any building or enclosure without violating the
b. Search Warrant
right of privacy. Is this allowed?
c. Bench Warrant
a. No, never allowed. d. Court Order
b. Yes, when there is consent and there is a
53. Before arraignment, the court shall inform the accused
warrant
of his right to counsel and ask him if he desires to have
c. No, this is allowed only in making an arrest not
one. Unless the accused is allowed to defend himself in
search
person or has employed counsel of his choice -
d. It all depends on the officer thru police discretion
a. the court shall suspend the trial until the accused
48. It is the security given for the release of a person in
picked his lawyer
custody of the law, furnished by him or a bondsman, to
b. the court must assign a counsel de oficio to
guarantee his appearance before any court as required
defend him
under the conditions hereinafter specified.
c. the court proceed with the trial in the absence of a
a. Recognizance lawyer
b. Probation d. the court will impose judgement on merits of the
c. Republic Act 5487 case
d. Bail
54. The initial step in a criminal prosecution whereby the
49. The failure of the accused to appear at the trial without defendant is brought before the court to hear the charges
justification and despite due notice shall be deemed a and to enter a plea is called -
waiver of his right to be present thereat. 'In such case,
a. Pleadings
should the trial proceed?
b. Plea Bargaining
a. Yes, the trial may proceed in absentia b. c. Arraignment
No, because of the absence of the accused c. d. Preliminary Investigation
No, anyway there is always bail as security d.
55. At what time the accused may move to quash the
Yes, upon the order of the high court
complaint or information?
50. When an accused is represented by a fake lawyer who
a. At any time before entering a plea
pretended to be a member of the bar, his right to counsel
b. days before the date of trial
is violated, unless -
c. 15 days immediately after plea bargaining d. 10
a. the fake lawyer is a person of probity days upon receipt of information by the court
b. the accused voluntarily chose him knowing
56. After a plea of not guilty is entered, the accused shall
him to be a non-lawyer
have to prepare for trial. The trial shall commence within
c. the court allows it
thirty (30) days from receipt of the pretrial order.
d. the public attorney’s office is informed

a. at least 5 days
51. On arraignment, the accused must be arraigned before
b. at least 10 days
-
c. at least 15 days
a. the prosecutor who conducted preliminary d. at least 20 days
investigation
 Amici Review Center Page 26
57. Among the following, which shall be the first in the affirmation of the complainant and the witnesses he may
order of trial? produce.

a. The defense counsel will preside in the case b. The a. existence of probable cause
accused should be presented on the witness stand b. conduct of preliminary investigation
c. The prosecution will present evidence to c. availability of witnesses
prove the charge and, in the proper case, d. in writing
the civil liability
63. A search warrant shall be valid for _________ from its
d. The judge will recite the "Panunupa sa Watawat"
date. Thereafter, it shall be void.
58. The judgment is promulgated by reading it in the
a. 15 days
presence of the accused and any judge of the court in
b. 10 days
which it was rendered. However, when the judge is absent
c. 20 days
or outside the province or city, the judgment may be
d. until it is served
promulgated by -
64. Can a person lawfully arrested be searched for
a. the clerk of court
dangerous weapon or anything which may have been used
b. secretary of justice
or constitute proof in the commission of an offense without
c. any justice of the supreme court
a search warrant?
d. any judge in the RTC or MTC within the immediate
locality a. Yes, it is allowed by the rules
b. No, it must be with search warrant
59. At any time before a judgment of conviction becomes
c. It depends upon the the order of the court d.
final, the court may, on motion of the accused or at its
It is a prerogative of the peace officer
own instance but with the consent of the accused, grant
new trial or reconsideration. This statement is 65. Every person is entitled to be presumed innocent of a
crime or wrong, unless proven otherwise. This is a prima
a. Incorrect, it should be within five (5) days after
facie presumption which must be overcome by proof
judgement
beyond reasonable doubt. This statement is
b. Correct, as stated in the rules
c. Correct, as long as on the motion of the accused d. a. absolutely true
Incorrect, motion for reconsideration should be denied b. absolutely false
c. without legal basis
60. An appeal must be taken within ______ from the
d. out of context in the Philippines
promulgation of the judgment or from notice of the final
order appealed from. 66. It is the means, sanctioned by the Revised Rules of
Court, of ascertaining to a judicial proceeding the truth
a. 15 days
respecting a matter of fact.
b. 30 days
c. 20 days a. Motive

d. 10 days b. Fact
c. Evidence
61. The Court of Appeals of the Philippines is the second
d. Proof of crimes
highest court next to the Supreme Court. It is composed of
_________. 67. Evidence is when it has a tendency in reason to
establish the probability or improbability if a fact in issue.
a. 69 Justices including the Presiding Justice b.
58 Justices including the Presiding Justice c. 28 a. Accurate

Justices including the Presiding Justice d. 16 Justices b. Relevant

including the Presiding Justice c. Competent

d. Complete
62. A search warrant shall not issue except upon in
connection with one specific offense to be determined 68. Direct evidence proves the fact in dispute without the

personally by the judge after examination under oath or aid of any inference or presumption while _______ is the
 Amici Review Center Page 27
proof of a fact or facts from which, taken either singly or 74. When the evidence consists of writings or any material
collectively, the existence of the particular fact in dispute containing letters, words, numbers, figures, symbols or
may be inferred as a necessary or probable consequence. other modes of written expression offered as proof of their
contents, they are called -
a. Indirect Evidence
b. Circumstantial Evidence a. Material evidence
c. Proof beyond reasonable doubt b. Documentary evidence
d. Preponderance of evidence c. Testimonial evidence
d. Relevant evidence
69. The evidence is considered positive when the witness
affirms that a fact did or did not occur, and ________ 75. The oral testimony of the witness to the killing as
when the witness states he did not see or know of the reflected in the stenographic notes is considered -
occurrence of a fact.
a. Material evidence
a. Hearsey b. Documentary evidence
b. Negative c. Testimonial evidence
c. Neutral d. Relevant evidence
d. Active
76. The cognizance of certain facts which judges may
70. What kind of evidence is given by one possessing in properly take and act on without proof because they
regard toa particular subject or department of human already know them is called -
activity or knowledge which does not usually acquired by
a. Legal presumption
other persons?
b. Judicial notice
a. Expert evidence c. Factum probandum
b. Special evidence d. Legal history
c. Ordinary evidence
77. Generally speaking, matters of judicial notice have
d. Cumulative evidence
three material requisites, except -
71. It is an additional evidence of a different kind and
a. the matter be common and general knowledge b.
character, tending to prove the same point.
the matter must be well and authoritatively settled
a. Cumulative evidence and not doubtful or uncertain
b. Corroborative evidence c. the matter must be biblically based d. the
c. Prima facie evidence matter must be known to be within the limits of
d. Add value evidence jurisdiction of the court

72. Evidence is the means of proof while ________ is the 78. When the subject of inquiry is the contents of a
effect of evidence, the establishment of as fact by document, no evidence shall be admissible other than the
evidence. It results as a probative effect of evidence and is original document itself. This is the -
the conviction or persuasion of mind resulting from a
a. Originality rule
consideration of the evidence.
b. Best evidence rule
a. Motive c. Parole evidence rule
b. Evidence d. Questioned document rule
c. Proof
79. When the original of a document is in the custody of a
d. Value
public officer and is recorded in a public office, its contents
73. In evidence, what is the ultimate fact or the fact to be may be proved by
established?
a. a xerox copy of the original
a. Factum Lactum b. a notarized copy of the original
b. Factum Probandum c. a certified copy issued by the public office in
c. Factum Probans custody thereof
d. Factum Facie d. all of these
 Amici Review Center Page 28
80. When the terms of an agreement have been reduced relevant fact may be given in evidence against him is called
into writing, it is considered as containing all the terms -
agreed upon and there can be, between the parties and
a. Declaration
their successors-in-interests, no evidence of such other
b. Admission
terms or agreements other than the contents of the
c. Confession
written agreement. This is called the -
d. Oral argument
a. Best evidence rule
86. A confession made before a court in which the case is
b. Parole evidence rule'
pending and in the course of legal proceedings therein is
c. Pardon evidence rule
called -
d. Questioned document rule
a. Judicial confession
81. Can a deaf and dumb person allowed to testify in
b. Extrajudicial confession
court?
c. Intrajudicial confession
a. Yes, in any manner satisfactory to the court b. d. Paralegal confession
Yes, by writing or signs through an interpreter c.
87. A confession is admissible only against the accused
No, never allowed by the rules
who made it and not against his co-accused, for, as against
d. Both A and B are correct
the latter, the confession would be hearsay and res inter
82. The husband or the wife, during or after the marriage, alios acta. This statement is -
cannot be examined without the consent of the other as to
a. Correct as a general rule
any communication received in confidence by one from the
b. Incorrect, not allowed by the rules
other during the marriage. This statement is covered
c. Sometimes correct
under the so called -
d. Sometimes incorrect
a. Marital Privilege Rule
88. Hearsay evidence is that which derives its value, not
b. Paternity Rule
solely from the credit to be given to the witness upon the
c. Rule on Marriage
stand, but in part from the veracity and competency of
d. Rule on Special proceedings
some other person. Is hearsay evidence admissible?
83. Tacio admitted to his lawyer that he killed Badong.
a. Absolutely not admissible
After sometime, the lawyer withdrew his representation of
b. No, except in some case like in dying
Tacio. Thereafter, the prosecution wishes to offer the
declaration
lawyer's testimony as to the admission of Tacio to him.Will
c. Absolutely admissible without exemption d.
the testimony of Tacio be presented as evidence?
All of the above are correct
a. No, the admission was learned during the
89. The declaration of a dying person, made under the
existence of the attorney-client relationship
consciousness of an impending death, may be received in
covered under
any case wherein his death is the subject of inquiry, as
privileged communication
evidence of the cause and surrounding circumstances of
b. Yes, the lawyer's withdrawal of representation cuts
such death is called -
attorney-client relationship
c. Both A and B are incorrect a. Oral testament.
d. It depends upon the prerogative of the court b. Dying declaration
c. Res gestae
84. It is a contract whereby the parties, by making
d. Deadman's statute
reciprocal concessions, avoid litigation or put an end to
one already commenced. 90. These are spontaneous statements made by a person
while a startling occurrence is taking place or immediately
a. Agreement
prior or subsequent thereto with respect to the
b. Compromise
circumstances thereof.
c. Special arrangement
d. Treaty a. Dying declaration
85. The act, declaration or omission of a party as to a
 Amici Review Center Page 29
b. Deadmans statute 96. Whenever a party has, by his own declaration, act or
c. Res gestae omission, intentionally and deliberately led another to
d. Oral testament believe a particular thing true, and to act upon such belief,
he cannot, in any litigation arising out of such declaration,
91. Alfie was in his room when he overheard Oliver and
act or omission, be permitted to falsify it. This is called -
Arjay talking in the other room. Oliver telling Arjay that he
had got into a fight in a bar and stabbed Remrick a. Presumtive evidence
thereafter he ran away to the house of Arjay. The following b. Estoppel in pais
day, Alfie learned that Remrick died of a stab wound. Can c. Morality
Alfie testify as the statement made by Oliver to Arjay even d. Falsehood
though he did not personally see Oliver stab Remrick?
97. The examination of witnesses presented in a trial or
a. No, it is hearsay hearing should be done in -
b. Yes, it is part of res gestea
a. private with the judge, defense and prosecutor b.
c. It depends if the judge admit such testimony d.
open court and under oath or affirmation c.
No, it is not a dying declaration
speedy manner to beat the time frame specified by
92. As a rule, a witness must confine his testimony to law
matters within his actual knowledge. He cannot be asked d. None of the above is correct
questions calling for his opinion or conclusions upon facts,
98. In the order of examination of an individual witness,
which are for the court to make. This is called -
which one comes first?
a. Admissibility test
a. Direct examination by the proponent b.
b. Opinion rule
Cross-examination by the opponent
c. Special arrangement
c. Re-direct examination by the proponent d.
d. Invalid questioning
Re-cross-examination by the opponents
93. _______ is the duty of a party to present evidence on
99. If the examination of a witness is made by the party
the facts in issue necessary to establish his claim or
presenting him on the facts relevant to the issue, it is
defense by the amount of evidence required by law.
called -
a. Proof beyond reasonable doubt
a. Direct examination
b. Burden of proof
b. Cross examination
c. Burden of evidence
c. Re-direct examination
d. Prima facie case
d. Re-cross examination
94. _______ is defined as "that logical necessity which
100. In a criminal case, the accused is entitled to an
rests on a party at any particular time during a trial to
acquittal, unless his guilt is shown beyond reasonable
create a prima facie case in his own favor, or to overthrow
doubt. What is proof beyond reasonable doubt?
one when created against him.

a. that degree of proof which produces a

a. Burden of proof
conviction in unprejudiced mind
b. Burden of evidence
b. the greater weight of evidence against guilt c. the
c. Prima facie case
greater weight of evidence against innocence d. the
d. Proof reasonable doubt
presumption of innocent unless proved otherwise
95. What is a presumption?
PART 4 – CRIMINAL JURISPRUNCE, PROCEDURE
a. Knowledge of an event to have been occured b. An AND EVIDENCE

inference as to the existence of a fact not 1. What of the foregoing statement refer to "corpus
actually known, arising from its usual delicti"?

connection with another which is known c. A i. corpus delicti is the body or substance of the crime.
chance or probability of the existence of an event ii. corpus delicti is the fact that a crime has actually
been committed.
d. Circumstances surrounding the an event
 Amici Review Center Page 30
iii. corpus delicti is the body of the person who is a
victim of the homicide or murder.
a. II, III
b. I, II
c. I,III
d. I, II, III
2. What is the crime committed If the offender killed a
person whose age is LES5 12 years of age?
a. Homicide, in the absence of any qualifying
circumstance under Article 248.
b. Murder, if not attended by circumstance
under article 246.
c. Murder, even if the offender ls any of the parent. d.
Parricide, regardless of relationship by consanguinity.
3. As a general rule, what does the constitution provide in
so far as search and seizure is concern?
a. Search must be done by the police only. b. Search
must be upon order of the court c. Search must be
conduct when where is a warrant d. Search must not
deprive the person of this property
4. The person was arrested without a warrant. His request
for preliminary investigation was granted. However, the
conduct of preliminary was not terminated and it already
exceeded the period allowed by the rules. What should the
police officer in custody of the detained person do?
a. The police should not release the person: otherwise
he will be administrative liable.
b. The police should release the person from
detention even without the order from the
prosecution.
c. The police should not release the person
subject to the receipt of the court
d. None of this
5. The person is suspected of committing a crime which is
punishable by imprisonment of at least 4 years, 2 months
and 1 day. The person was not subject to warrantless
arrest. How will you proceed with the case?
a. Report the matter to my superior and let them
decide what to do with the situation
b. Exert effort to arrest a person even without a
warrant for the commission of a crime
c. File a direct complaint with the prosecutor's office
for inquest proceedings.
d. File a direct complaint with the prosecutor's
office for the preliminary Investigation
6. The PHASE in the commission of the crime when the
person is from the point of beginning or within the point
where he can still decide to desist or continue the
commission of the crime is the ____________ phase.
a. Objective - the result of the acts of execution, that
is, the accomplishment of the crime
b. Internal
c. Subjective
d. External
7. The accused in criminal proceedings has in his favour
the rule that criminal laws should be construed liberally in
his favour because ______________.
a. Of the requirement of observance of due
process
b. The prosecution has the burden of proof c. The
police is presumed to perform their duty with
regularity.
d. The accused is presumed to perform their duty with
regularity.
8. After the decision was rendered by the trial court, the
accused found a new evidence. What remedy should the
accused do based on the new evidence?
a. File a motion for reconsideration
b. File a motion for new trial
c. File a notice of appeal
d. File a petition for certiorari
9. The declaration of an accused acknowledge his fault of
the offense charged, or of any offense necessarily
Included there in is _______________.
a. Liability
b. Confession
c. Admission
d. Responsibility
10. A police officer testifying in courts allowed to refer to
his/her notes or memorandum ____________.
a. To help him in the prosecution of the officer. b.
In order to refresh his memory
c. As it is his right as a police officer.
d. As his codigo and his personal record
11. The constitutional limitation of ex post facto law in the
enactment of criminal law simply means that our criminal
law shall be applied _____________.
a. Retroactively
b. In favor of the accused
c. Prospectively
d. In against the state
**Note: Exception to the rule: It may be applied
retroactively if it is in favor of the accused
12. Preliminary investigation is a matter of right when the
penalty for the crime committed is _____________.
a. Not exceeding six years of imprisonment. b.
Imprisonment at least 4 years, 2months and 1
day regardless of fine.
c. Imprisonment is 4 years, 2 months and 1 day
regardless of fine
d. Less than 4 years of Imprisonment
13. Police officer JAKE arrested ACE without legal ground
and without a warrant JAKE committed the crime of
__________.
a. Violation of domicile
b. illegal arrest
c. Arbitrary detention
d. Unlawful arrest
14. The crime committed as punishable by imprisonment
of at least 4 years, 2months and 1 day. The crime was
committed In Metro Manila or Chartered Cites. Where the
complaint should be filed in order to initiate the criminal
action?
a. To file the complaint directly with the municipal trial
court.
 Amici Review Center Page 31
b. At the police station for warrantless arrest the
inquest proceedings
c. At the prosecutor's office for the conduct of
preliminary investigation
d. To file the Information directly with regional trial
court
15. Which of the following is NOT secondary evidence?
a. A testimony of witnesses as to the contents of the
original
b. A tape recorded recital of the content of the
original
c. A recital of the content of the original in an
authentic document.
d. A copy of the contents of the original
document
16.What is the rule of evidence which states that when the
term of an agreement have been reduced to writing it
considered as containing all the terms agreed upon and
there can be between the parties and their successors
Interest no evidence of the written agreement?
a. Secondary in evidence
b. Best evidence rule
c. Exclusionary rule
d. Parol evidence rule
17. The form of evidence that is subject to the sense of
the court is ____________ evidence.
a. Physical
b. Object
c. All of this
d. Real
18. The crime committed is punishable by imprisonment of
4 years, 2 months and less. The crime was committed
in the province. Where the complaint should be filed in
order to initiate the crime action?
a. May file the complaint directly with the
municipal trial court
b. At the police station for warrantless arrest and
Inquest proceedings
c. May file the information directly with the Regional
Trial Court.
d. At the prosecutor's office for the conduct of
preliminary investigation
**Note:
Kapag 4 years and 2 months or less sa province na hindi
chartered city, may Options
Pwede direkta sa MTC or MCTC o sa Fiscal’s Office
Kapag naman CHARTERED CITY AT MANILA laging sa
Fiscal’s Office whether may P. I. or wala
19. Which of the following circumstance makes the
evidence incompetent
a. Evidence obtained In accordance with the
constitution
b. Evidence obtained through third degree
method of investigation
c. Evidence obtained In accordance with the law or
statute
d. Evidence obtained In accordance with the rule
20. A person who is lawfully arrested may be searched for
anything _________.
a. That the police at its discretion has deemed to be
proper.
b. Even if not connected to the commission of an
offense
c. Which may have been used or constitute
proof in the commission of an offense
d. That may be ordered by the court at its discretion
21. What is the purpose why Independent relevant
evidence is admitted by courts?
a. To show that a certain fact occurred,
whether true or not
b. To prove to the court the allegations.
c. To prove that the fact is true
d. To prove that a fact is not true
22. When a person is called to testify in court as an
accused, on what matters may the prosecution cross
examine the accused?
i. In matters that was only touched upon in the direct
testimony.
ii. In matters surrounding the circumstances of the
crime committed
iii. In all matters that will test the credibility of the
testimony
a. I, II, III
b. I, II
c. II. III
d. I III
23. In order that the person accused of a crime should be
bound to answer the accusation against him, what should
the police officer do?
a. Wait for the Issuance of the warrant of arrest b. Let
the court proceedings take its course and allow
the Issuance of warrant
c. Arrest the person accused of a crime even without
a warrant
d. Do the arrest only when requested by the offended
party.
24. Venue in criminal cases refers to the place ________.
a. Od trial where the parties agree
b. Where the trial court designates
c. That acquired Jurisdiction over the case d.
Where the crime was committed
25. If a person commits an act or omission which is
provided by revised penal code as amended or modified,
the crime committed or omitted is _________.
a. Crime
b. Ordinance
c. Offense
d. Felony
26. Our criminal law may be applied extraterritorially which
simply means that
a. Our criminal law may be enforced by another b.
Our criminal law may be applicable even
outside of our territory
c. Foreigners here In our country may be charge for
violation of our criminal law
 Amici Review Center Page 32
d. Those accused of crime may be arrested even
outside of our territory.
27. The extra-Judicial confession of an accused is sufficient
for conviction.
a. Provided that is freely, Intelligently and voluntary
given
b. When it is corroborated by evidence of
corpus delicti
c. Even Iif it is not corroborated by evidence of
corpus delicti
d. Whether or not corroborated by evidence of corpus
delicti
28. Which among the following Is NOT considered as
authored person to file the complaint before the municipal
trial court?
a. Any peace offer
b. Any law enforcement officer authorized by law c.
The offended party
d. The witnesses to the crime committed
29. Which of the following is NOT hearsay?
a. The testimony of the witness concerning the
letter he received from somebody.
b. The Information received by a police officer from
the neighborhood regarding the existence drug
dens in the area
c. The affidavit of a witness who was not presented to
the witness stand for cross examination.
d. The statement given by the Informant to the police
officer
30. Ped Xing Is a Chinese citizen who killed a Filipino on
board a Philippine commercial vessel on the high seas,
based on the given situation, based on territorially
principle, Philippine criminal law ls
a. Not applicable because the crime was committed
outside of the Philippines territory
b. Not applicable because the offender is not a Filipino
c. Applicable in this situation although the
crime was committed on the high seas. d.
Applicable even if the crime was committed by a
Chinese.
31. The act or omission of a person who after hearing or
seeing something that requires him/her to do comment if
it is not true and was given the opportunity is __________.
a. Admission
b. Admission against interest
c. Confession
d. Admission by silence
32. Which of the following situations is NOT valid search
without a warrant?
a. Search in plain view
b. Search incidental to stop and frisk
c. Search at the discretion of a police officer d.
Search incidental to lawful arrest
33. HARDEN after trial was found guilty of a despicable
act. However, the court found out that there is no law
punishing the said act. May the court punish HARDEN of
any penalty which it deemed appropriate?
a. Yes, the act committed Is despicable that it should
be punished
b. No, the law cannot punish because the court does
not know the applicable law
c. No, the law cannot punish an act if at the
time it was committed is yet punishable d. All of
these
34. An act or omission punishable by the Revised Penal
code is
a. Act of omission
b. Offense
c. Felony
d. Crime
35. When the search and seizure conducted by the police
is based on a search warrant, this presupposes that the
search and seizure
a. May be questionable
b. Is without probable cause
c. Violates the right of the person to privacy d.
Is with legal ground.
36. JAKE was convicted for several crimes: homicide, the
penalty Imposes is minimum of 6 years and 1 day to 8
years: physical injury... day to 6 years: and parricide, the
penalty is Reclusion Perpetua. Jake should served
successive of sentence by serving first the penalty
of______________.
a. Any of the conviction
b. 4 years and 1 day to 6 years
c. 6 years and 1 day to 8 years
d. Reclusion Perpetua
37. What is this right that accused may invoked during trial
to avoid statement against himself?
a. Right not to be a witness for hi behalf
b. Right against self-incrimination
c. Right to assistance of counsel
d. Right to remain silent
38. The power or authority to hear and decide a case ls
a. Judicial
b. Jurisdiction
c. Venue
d. Mandate
39. The reading of the decision of the court convicting the
accused appears to be NOT based on evidence on record
or applicable law. What remedy should the accused do in
the hope that the court may reverse its decision?
a. File a motion for reconsideration
b. File a notice of appeal
c. File a motion for new trial
d. File a petition for certiorari
40. In arbitrary detention it is required that the offender
must be a
a. A person in authority or agent
b. Any person
c. A public officer or employee
d. Private individual
41. The venue to hear criminal cases may be changed
when the
 Amici Review Center Page 33
a. A prosecution and the accused agree
b. Complainant opted to change it
c. Trial court so ordered
d. Supreme court so ordered
42. When a Filipino kills a Chinese on board a vessel
bearing the flag of Mexico while the vessel is in the
Philippine water, may the criminal law of the Philippines
apply?
a. Yes, the Philippine criminal law ls applicable
b. Yes, since the offender is a Filipina
c. No.it is the Mexico criminal law that applies d. No,
the Philippine criminal law is not applicable
ENGLISH RULE
General rule: TERRITORY ang may jurisdiction,
Exception: Internal management of the vessel.
FRENCH RULE
GENERAL RULE: FLAG (Country or the origin) ang
may jurisdiction
Exception: affects the national security of the host
country.
** Note: Here in the Philippines we follow ENGLISH RULE
43. If the crime is committed in the province and the
penalty there of is one that does NOT require preliminary
Investigation, the complaint shall be filled
a. Directly with the appropriate Municipal Trial
Court
b. At the prosecutor's office for inquest proceedings c.
Directly with the appropriate Regional Trial Court d. In
the barangay first for conciliation proceedings
44. To produce conviction, the extra judicial confession
must be supported by
a. The testimony of the counsel who assisted during
the Investigation.
b. The testimony of the accused affirming his extra
judicial confession
c. The testimony of the Investigating officer who
obtained the confession
d. The presentation of corroborative
evidence of corpus delicti
45. The following are elements of FRUSTRATED stage in
the commission of the crime, EXCEPT
a. The act performed would produce the felony as a
consequence
b. But the felony Is not produced
c. By reason of spontaneous desistance of the
accused
d. The offender performs all the acts of execution
46. Which of the following are NOT among the exceptions
to the Hearsay evidence?
a. learned treatise
b. Commercial lists
c. Dead man statute rule
d. Entries in official records
47. The accused with lewd design brought the woman who
is a minor in a secluded place but with the consent of the
letter. The accused is liable for the crime of
a. Simple seduction
b. Forcible abduction
c. Qualified abduction
d. Consented abduction
48. Rebellion and coup de'etat when committed by military
personnel will subject them to court martial proceedings,
what Is the NATURE of court martial proceedings?
a. Civil
b. Administrative
c. Sul generis
d. Criminal
49. The process required to determine probable cause
based on direct fling of a complaint so that the information
may be filled in court is
a. Ex-parte examination of the complaint
b. Preliminary Investigation
c. Inquest proceedings
d. Judicial determination of probable cause
50. During arraignment, the accused is required to enter
his plea, so that the accused may be intelligently
understands the consequences of his plea, what is the
mandatory requirement in entering the plea?
a. The accused should be assisted by his witness b.
The accused should be assisted by the court of
competent jurisdiction
c. The prosecution should offer lower and Irresistible
offer
d. The accused should be assisted by competent
and Independent counsel
51. Mistake of facts is distinguished from mistake in
identity in that in mistake of facts the
a. Offender has the Intention to commit the crime b.
Accused is certain about who is the victim c. Accused
is without intention to commit a felony
d. Offender is related the victim
52. When a crime is committed on board a US warship
while it is on Philippine water, the ________.
a. Philippine criminal law shall be applicable b.
US military law shall be applicable
c. US criminal law shall be applicable in our courts d.
Philippine criminal law shall NOT be applicable
Note: Kung foreign merchant vessel ang nasa tanong at
hindi Warship Philippine Law shall be applicable.
53. The person was arrested without a warrant for the
crime the penalty of which is imprisonment of at least 4
years, 2 months and 1 day. He asked for preliminary
Investigation. What is required of the person arrested in
order that preliminary Investigation may be conducted?
a. He should as for the presence
b. He should ask for his rights to remain silent in the
course of the preliminary Investigation
 Amici Review Center Page 34
c. He should ask his right to be informed of the nature
of the cause and accusation against him d. He should
waive his rights under article 125 of the revised
penal code
54. When the case is filled in this court, bail becames a
matter of right before or after conviction which courts it is?
a. Regional trial court
b. Municipal/Metropolitan Trial Court c.
Court of Appeals
d. Sandiganbayan
55. ACE is a police officer. He arrested Jake without a
warrant of a crime which ls considered as less grave
offense. For ACE to be NOT liable for the crime of arbitrary
detention, he must deliver Jake to proper judicial
authorities within
a. 12 hours – light felonies
b. 18 hours -less grave
c. 36 hours -grave
d. 32 hours
56. The police officer testifying in court can refer to his/her
notes or memorandum
a. As a codigo and his record
b. As It ls his right as a police officer
c. In order to refresh his memory
d. To help him In the persecution
57. The crime committed when a person killed his/her
illegitimate daughter who ls a minor under the
circumstances provided by Article 247 Is
a. Infanticide
b. Murder
c. Homicide
d. Parricide
58. The constitutional limitation of bill of attainder in the
enactment of criminal laws simply means that our criminal
law shall
a. Decrease the imposed penalty to favor the accused
b. Imposed the penalty even without hearing and trial
c. Applied the penalty only sparingly in favour of the
state
d. Impose the penalty only after due hearing
and trial
59. The prosecution shall offer in evidence its documentary
evidence
a. At any time the prosecution may deep proper at its
discretion to offer
b. After the presentation of testimonies of
witnesses have been terminated
c. None of this
d. After the presentation of the witnesses of the
defense are terminated
60. The crime of adultery is committed by any married
woman who shall
a. Have sexual Intercourse with a man under
scandalous
b. Enter Into marriage with another man other than
her husband
c. Have sexual Intercourse with a man who is
not her husband
d. Live In conjugal dwelling with a man who is not her
husband
61. Because the burden of proof rests with the
prosecution, the duty to convictt the person belongs to
a. None of this
b. The strength
c. The courts discretion based on evidence d.
The weakness of the accused's evidence
62.The new and Independent act which is the immediate
cause of the Injury which breaks the connection between
the original wrong and the injury is referred to as the
a. Effective Intervening
b. Causal connecting
c. Efficient intervening
d. Efficient connecting
63. LINO saw ACE with an angry expression on his face
holding a firearm moving towards his direction. When ACE
was already near him, LINO picked up Zx2 hard wood and
hit ACE on both his arms, resulting injuries to the latter, it
was revealed during the Investigation that ACE is without
bad Intention to LINO.LINO was charged for serious
physical Injuries. This situation fits the principle of
a. Mistake in identity
b. Mistake in the blow
c. Mistakes of facts
d. Ignorance of the law
64. Which of the following illustration BEST exemplifies the
concept of complex crimes?
a. HARDEN wanted to kill CURRY.HARDEN set the
house of CURRY resulting to the death of CURRY. b.
HARDEN steal the chicken of CURRY, while at It, took
the chicken of PAUL and that of DURANT c. HARDEN
killed CURRY, after a week, raped PAUL and later steal
the CHICKEN of DURAN
d. HARDEN wanted to kill CURRY. He threw a
grenade against CURRY. It killed CURRY
and injured DURANT
65. Exclusion of evidence simply means
a. None of this
b. That evidence obtained unlawfully shall be
excluded by the court and not admitted. c. That
evidence which are testimonial but objectionable shall
be excluded
d. That witness not subject for examination should be
excluded from the court
66. A person what is committing an act in violation of a
special penal law ls committing
a. A crime
b. An offense
c. A felony
d. An act or omission
67. What is this STAGE in court proceeding where the
prosecution and accused may agree on matters that will
promote a fair and expeditious trial of the case?
a. Trial proper
b. Preliminary Investigation
c. Inquest proceedings
 Amici Review Center Page 35
d. Pre-trial
68. A Filipino killed a Chinese on board a vessel bearing
the flag of Mexico while the vessel is in the Philippine
territorial waters, should the criminal law of the Philippines
apply?
a. No, because the crime was committed board of
Mexican vessel
b. Yes, because the crime was committed
within the Philippine Territory
c. Yes, because the offender is a Filipino
d. No, because the offended party is a Chinese
b. Respective Mayors of LGUS
c. Congress of the Philippines
d. Trial Courts in the Philippines
SITUATION 1-CLARKSON is an investigator. CURRY is the
suspect. NANCE is the victim with STAB WOUNDS. The
identified witness to the crime committed is DURANT.
77. From the forgoing situation, suppose that DURANT has
personal knowledge for the crime committed. However,
DURANT has been previously convicted for the crime of
Robbery. Which of the following statement BEST described
the qualities of DURANT as a witness?

69. A police officer testifying before the court is allowed to a. He is not competent to testify because of his
refer to his/her memorandum respecting a matter of previous conviction
b. He is not qualified to testily because of his previous
a. Opinion of an expert conviction
b. Fact recorded by his superior c. He is qualified to testify subject to the approval of
c. Fact recorded by his superior the crime
d. Question of law d. He is qualified to testify despite his
conviction of the crime of robbery
70. The place of commission of the crime is a consideration
to determine the 78. From the forgoing situation, suppose that DURANT is
merely 6 years old which of the following statements BEST
a. Territory
describes the qualification of DURANT as a witness?
b. Venue
c. Area of responsibility a. He is qualified so long that he can express his
d. Jurisdiction thought before the court
b. He is not qualified because a minor is susceptible of
71. The party is deemed to have rested its case
being coached by lawyers
a. Once the parties agreed as stated in the pre trial b. c. He is not qualified because he ls still a minor d. He
As may be ordered by the court is qualified because he can perceive and
c. After the court ruled on the formal offer of perceiving can convey his perception to another
evidence
79. From the foregoing situation, suppose that DURANT
d. After the prosecution has offered its evidence
merely heard from KERR the Information that it was
72. What is the form of evidence consisting of letters, CURRY who killed NANCE. Which of the statement below
symbols, numbers or any Inscription? CORRECTLY describes the admissibility of DURANT's
testimony?
a. Parole evidence
b. Original evidence a. The testimony Is admissible if only supported by
c. Best evidence other evidence
d. Documentary evidence b. The testimony is not admissible as it is a
declaration against interest.
73. The following are the sources of criminal law EXCEPT c. The testimony ls admissible only as
independent relevant statement
a. Special law d. The testimony Is not admissible as it serves only
b. Ordinance his own interestS
c. Special penal laws
d. Revised penal code 80. From the foregoing situation, suppose that DURANT
merely heard from KERR the Information that is was
74. Conclusive presumption is also known as "presumption JAMES who killed NANCE. which of the statement below
Juris et de Jure"; disputable presumption is ___________. CORRECTLY describes the admissibility of DURANT's
testimony?
a. Presumption of regularity
b. Dying declaration a. The testimony ls admissible only as
c. Presumption of Innocence independent relevant statement
d. Presumption juris tantum b. It is admissible if it is supported by evidence of
corpus delicti
75. The questioning initiated by law enforcement
c. It is admissible if DURANT Is qualifies as a witness
authorities after a person is taken Into custody or
d. It is not admissible for being hearsay evidence
otherwise deprived of freedom of action is
81. From the foregoing situation, supposed that WALDO
a. Illegal detention
ignores the authority of PO3 CARDO. The latter reacted by
b. Arbitrary detention
angrily staring at WALDO. Which of the following crime
c. Custodial Investigation
may PO3 CARDO be liable?
d. Preliminary Investigation
a. Grave correction
76. The authority to enact national penal statutes is lodged
b. Light threats
in the
c. Less grave coercion
a. Respective sanggunian of LGUS d. Grave threats
 Amici Review Center Page 36
82. From the foregoing situation, suppose that PO3
CARDO draws his firearms and discharged It in the air
because he saw WALDO running away from the area of
the Incident. Which of the following crime may PO3
CARDO be liable?
a. illegal discharge of firearm -amended by RA
11926
b. Grave coercion
c. Alarms and scandals -old
d. Grave threats
83. From the foregoing situation, suppose that P03 CARDO
draws his firearm, point it to WALDO, discharged It
without intent to kill WALDO, and without hitting WALDO.
Which of the following crime may PO3 CARDO be liable/
a. Attempted homicide
b. Attempted murder
c. Illegal discharge of firearm
d. Attempted serious physical Injury
84.From the forgoing situation, suppose that PO3 CARDO
points the firearm to WALDO and discharge it but without
intent to kill.it did not hit WALDO, however, It hit
ARIANNE, THE GIRLFRIEND of WALDO, ARIANNE suffered
a fatal Injury but survived. Which of the following crime is
PO3 CARDO liable?
a. Frustrated homicide
b. Serious physical injury
c. Frustrated murder
d. Illegal discharge of firearm
SITUATION 3- FRANKLIN is the warden of the
Pambansang kulungan ng mga Lords (PAKULO) PETER is a
detainee, JAYBEE is a convict. JONEL is a Custodial Guard.
85. From the foregoing situation, suppose that LEILA a
very influential private individual arranged with FRANKLIN
and JONEL the escape of PETER in exchange for certain
consideration, PETER Indeed escaped. Which of the
following crime may be committed by FRANKLIN and
JONEL?
a. Direct bribery resulting in evasion od service of
sentence
b. Direct bribery resulting and infidelity in the
custody of the prisoner.
c. Conspiracy to the crime of evasion d service of
sentence
d. Infidelity In the custody of prisoner through
negligence
86. From the foregoing situation, supposed Peter escaped
through his own efforts from PAKULO through his own
efforts without giving consideration to Franklin and Jonel.
Did Peter commit any crime?
a. No, not yet for the crime of delivery of prisoner
from jail
b. No, he did not commit any crime under RPC c.
Yes, from the crime of delivery of prisoner from jail
d. Yes, for the crime of evasion of service of sentence
Note: Peter is just a detainee. Evasion of service of
sentence is applicable only to those convicted offender.
87. From the foregoing situation, supposed Jaybee
escaped through his own efforts from PAKULO through his
own efforts without giving consideration to Franklin and
Jonel. What is the crime committed by Franklin and
Jonel?
a. Conspiracy to the crime of evasion of service of
sentence
b. Conspiracy for the crime of evasion od service of
sentence
c. Delivery of prisoner from Jail
d. Infidelity in the custody of prisoner
88. From the foregoing situation, supposed Jaybee
escaped through his own efforts from PAKULO through his
own efforts without giving consideration to Franklin and
Jonel. Did Jaybee commit any crime?
a. Yes, for failure to honor is bail bond
b. No, as he did not bribe Franklin and Jonel c.
Yes, delivery of prisoner from jail
d. Yes, for evasion of service of sentence
SITUATION 4-Hipollto was brought to the police station by
Corporal Cardo Dalisay for the crime of rape. While being
investigated, Hipolito remained silent.
89.From the foregoing situation, what is the effect of
Hipolito's remaining silent while being Interviewed by the
police in connect with the crime committed?
a. Hipolito should answer after all evidence he gave
will be inadmissible
b. Hipolito is within his constitutional right to
remain silent
c. Hipolito may sill answer even when there is a
counsel provided to him
d. Hipolito silence is deemed admission of guilt.
90. From the foregoing situation, which of the following is
the reason why Hipolito may or may not remain silent?
a. Any statement made by Hipolito will be deemed
inadmissible anyway
b. Hipolito Is already under custodial
investigation
c. Hipolito may speak whether or not assisted by a
counsel.
d. Hipolito Is not yet under custodial investigation
91. From the foregoing situation, when should Hipolito be
Informed of Miranda Rights?
a. Before he ls put Into custody
b. After he was asked any questioned related to the
crime he was arrested for
c. Immediately after he Is arrested
d. When he is already assisted by a council of his
choice or as provided for.
92. From the foregoing situation, jurisprudence declares
that the suspect may waive the right to remain silent under
the following, EXPECT must b
a. In the presence of counsel
b. In writing
c. Before the prosecutor's office
d. After the Miranda rights was given to him
SITUATION 5-Pinuno the Philippine Ambassador deployed
to the Republic of Japan
93. From the foregoing situation, suppose that while in
the performance of his office, Pinuno committed an act
 Amici Review Center Page 37
punishable under Philippine penal laws, the characteristics knowledge against the will of Erika. What is the applicable
of criminal law be to be applied should be modifying circumstance?

a. Generality a. Exempting
b. Extra-territorial b. Mitigating
c. International law c. Aggravating
d. Territoriality d. Alternative

94. From the foregoing situation, suppose Pinuno is
Japanese and the Ambassador of Japan to the Philippines.
Outside the performance of his public office, Pinuno
committed an act which is punishable under Philippine law,
the characteristics of criminal law to be applied should be
100. For the foregoing situation, suppose that despite due
diligence and without Intention to commit a crime and
without fault, the act of Hipolito resulted to physical
injuries against the person of Erika, what is the applicable
modifying circumstance In this case?

a. Aggravating
a. Prospectivity b. Alternative
b. Generality c. Exempting
c. Extra-territorially d. Mitigating
d. Territoriality

PART 5 – CRIMINAL JURISPRUDENCE

95. From the foregoing situation, suppose that the PROCEDURE AND EVIDENCE
ambassador Pinuno committed an act which under the law
of Japan is considered as penal, can the government of 1. Which of the following is NOT included in the
Japan prosecute Pinuno? components of criminal justice system of the United
States?
a. No, Pinuno is exempt from the application of Japan a. Law enforcement
criminal law b. Corrections
b. No, the crime was committed in Japan, their c. Prosecution
d. Courts
criminal law applies
c. Yes, under the extra-territoriality characteristics of
2. This criminal justice model is based on the idea that the
our criminal law most important function of the CJS is the protection of the
d. None of these public and the repression of criminal conduct. a. Crime
prevention
96. From the foregoing situation, suppose that Pinuno is
b. Crime control
just an ordinary embassy employee In Japan. He
c. Law and order
committed a crime in connection with the performance of d. Due process
his office function the act complained of is not yet
punishable at the time was committed. Under our penal 3. According to this criminal justice model, the rights of an
system, the applicable characteristics of criminal law are individual must be co-equal with the concern for public
safety.
a. Territoriality a. Crime prevention
b. Internationality b. crime control
c. Prospectivity c. Law and order
d. Generally d. due process

HIPOLITO is an offender. Erika is a Victim 4. This concerns to the obligations of the community to
individuals, and requires fair disbursement of common
97. From the forgoing situation, suppose that Hipolito in
advantages and sharing of common burden. a. Prosecution
the commission of the crime of murder against Erika, b. justice
ensured that Erika cannot retaliate or cause harm c. equality
against the former, what is the applicable modifying d. trial
circumstance?
5. This function of the law enforcement is being done
a. Exempting through elimination of factors influencing the occurrence
b. Aggravating of crimes, good community relations, educating the
c. Alternative citizens about their role, introduction of delinquency
d. Mitigating prevention programs, good parenting and others.
a. Maintenance of law and order
98. From the forgoing situation circumstance, suppose b. Reduction of crime
that Hipolito used the presence of a 4 of his relatives c. crime prevention
to ensure that Erika cannot retaliate against Hipollto d. crime control
at the time he Inflicted physical Injuries against Erika,
what is the applicable modifying circumstances? 6. This principal character of the criminal justice process
links all components of the CJS.
a. Exempting a. Offender
b. Mitigating b. Victim
c. Alternative c. witness
d. Aggravating d. Crime

99. From the foregoing circumstance, suppose that Erika 7. The frontline defender of democracy in the CJS.
is a woman Hipolito took advantage of his position as he is a. Prosecution
also a police officer so that she was able to have carnal
 Amici Review Center Page 38
b. Correction of conduct necessary to protect life and property and to
c. Police maintain peace and order?
d. Court a. Criminal Justice System
b. Criminology
8. He is responsible in evaluating the evidence the police c. Criminal law
have gathered and deciding whether it is sufficient to d. Criminal jurisprudence
warrant the filing of charge(s) against the alleged violator.
a. Investigator 18. It is that degree of proof requires in criminal case
b. judge which would convince a reasonable mind based on moral
c. prosecutor certainty but which nevertheless does not preclude the
d. solicitor general possibility of error.
a. Preponderance of evidence
9. He is an arbiter in court who ensues that the defense b. Clear and convincing evidence
and the prosecution adhere to the legal requirements of c. substantive evidence
introducing evidences. d. proof beyond reasonable doubt
a. Clerk of court
c. judge 19. A negotiation between the defense counsel and the
b. sheriff prosecutor, aimed at reaching an agreement whereby the
d. jury prosecutor uses discretion to obtain from the judge a
10. The pillar of the CJS which is not under the executive lighter sentence in exchange for the defendant’s entering a
branch of the government. guilty plea.
a. law enforcement a. arraignment
b. court c. preliminary investigation
c. prosecution b. pre-trial
d. correction d. plea bargaining

11. This is a governmental body that is charged with the 20. The PNP is the law enforcement agency of the country
responsibility of administering justice. which is under the ________?
a. Law enforcement a. DOJ
b. correction b. DILG
c. Prosecution c. NAPOLCOM
d. court d. DSWD

12. Any person directly vested with jurisdiction, whether as 21. A person who is under custodial investigation is
an individual or as a member of some court, Government basically protected by a number of rights mandated under
Corporation, board or commission. a. Agent of person in the constitution and this was even expounded in the
authority legislative act known as _______?
b. Government employee a. Miranda Doctrine
c. Government officer b. R.A. 7438
d. person in authority c. Bill of Rights
d. R.A. 6975
13. A pillar of CJS which occupies a unique position in the
Philippine Criminal Justice System serving as the lawyer of 22. A body officially assembled under authority of law in
the State or government in criminal cases. which judicial power is vested or the administration of
a. law enforcement justice is delegated.
b. court a. court
c. prosecution b. corrections
d. correction c. prosecution
d. law enforcement
14. This document is required by the Prosecutor’s Office
before it can entertain a complaint on a case covered by 23. A body of civil authority tasked to maintain peace and
the Barangay Court. order, enforce the law, protect life, liberty and property
a. Certificate of Non-Settlement and ensure public safety.
b. Certificate of Non-arbitration a. police
c. Certificate to file action b. prosecution
d. complaint affidavit c. court
d. corrections
15. It refers to the study of the various agency of our
government in charged of processing law violators to 24. System of taking care of the custody, rehabilitation and
ensure the protection of the society and maintenance of treatment of persons convicted of committing crime. a.
peace and order. police
a. Criminology b. prosecution
b. Criminal Justice c. court
c. Victimlogy d. corrections
d. Sociology
25.The “Anti Graft and Corrupt Practices Act”.
16. Refers to the person who is being implicated to the a. R.A. 8294
commission of a crime and subject of an investigation. a. b. R.A. 7080
Convict c. R.A. 1379
b. respondent d. R.A. 3019
c. Accused
d. suspect 26. Exclusive original jurisdiction over all offenses
17. Is the machinery of the state which enforces the rules punishable with imprisonment not exceeding six years. a.
Supreme Court
 Amici Review Center Page 39
c. RTC c Pleadings
b. Court of Appeals e. affidavit
d. MTC f.
36. Is an inquiry or proceeding to determine whether there
27. It is otherwise known as the Department of the Interior is sufficient ground to engender a well-founded belief that
and Local Government Act of 1990, enacted on December a crime has been committed and the respondent is
13, 1990. Established the PNP, BFP, BJMP and the PPSC. a. probably guilty thereof, and should be held for trial.
R.A. 6975 a. preliminary investigation
b. P.D. 1184 b. Prejudicial question
c. R.A. 8551 c. inquest proceeding
d. R.A. 6040 d. custodial investigation

28. Refers to that sector of society composed of NGO’s, 37. Preliminary investigation is conducted on cases
cause oriented groups and advocacy groups that promote punishable by:
the welfare of the people against all forms of abuse and a. at least four (4) years, two (2) months
exploitation. and one (1) day.
a. crime control b. more than four years, two months and one day
b. political parties c. less than four years, two months and one day
c. civil society d. six years, one day and above
d. volunteer
38. It is the actual restraint of a person into custody of the
29. It is the process of reducing if not eliminate the law in order for him to answer for the commission of an
existence of a cause from initially occurring, thus, lessen offense.
the police work as suppressing the spread of criminality. a. a. Arrest
Crime Prevention b. investigation
b. Crime control c. invitation
c. Criminal apprehension d. seizure
d. law enforcement
39. It refers to the ways and means of trapping and
30. Directly under the supervision of the Department of capturing the law breakers in the execution of their
Justice, its most important function in the Criminal Justice criminal plan.
System is to maintain and recognize the rule of law a. Instigation
through the speedy delivery of services particularly in the b. Entrapment
prosecution and investigation of all crimes. c. Investigation
a. National Prosecution Service d. Raid
b. PNP
c. Ombudsman 40. A pillar of our CJS which is not under or interdependent
d. Solicitor General from any branch of government.
a. prosecution
31. What do you call a court covering two (2) or more b. correction
municipalities? c. court
a. MTC d. community
b. MeTC
c. MCTC 41. During trial of a criminal case, it is the prosecutor who
d. MTC’s directs the prosecution of the offense and he/she did it on
the behalf of the state. Once a case is elevated to the
32. What is that term which refers to the wise use of one’s higher court such as Court of Appeals, who represents the
own judgment in a given situation without referring to your State in the prosecution of the offense?
superior due to the eminence of the situation? a. Police a. Chief State Prosecutor
resourcefulness b. Solicitor General
b. Police discretion c. National or provincial prosecutor
c. Police integrity d. Judge
d. police prudence
42. It refers to the questioning initiated by law
33. It refers to the art or science of identifying law enforcement officer after a person has been taken into
violators, locating and tracing them in order to affect their custody.
arrest and gather evidence to prove their guilt in court. a. a. custodial investigation
Crime prevention c. interview
b. criminal investigation b. inquest
c. Crime control d. interrogation
d. Intelligence work
43. In cases committed by Public officer with salary grade
34. An attached agency of the Office of the President 27 and above in violation of Act 3019, R.A. 1379 or Art.
tasked to implement and undertake drug law enforcement. 210 to 212 of the Revised Penal Code a complaint should
a. Narcotics Command first be filed to the office of _______ for the conduct of the
b. AID-SOTF required preliminary investigation.
c. PDEA a. Ombudsman
d. NBI b. Solicitor General
c. Judge of MTC
35. Sworn statement, subscribed by Offended party, any d. the President
peace officer of public officer in charged of enforcement of
the law violated filed either to the court or to the office of 44. In flagrante delicto means ______?
the prosecutor. a. caught in the act
a. Complaint b. caught after commission
b. Information
 Amici Review Center Page 40
c. instigation documents under his control at the trial of an action. a.
d. entrapment subpoena
b. subpoena ad testificandum
45. Courts in the Philippines are cloth with the power or c. subpoena duces tecum
try cases submitted to for adjudication. What term is use d. warrant of arrest
in referring to the authority or power to hear and decided
cases. 55. The “anti-Plunder Act”.
a. Jurisdiction a. R.A. 7080
b. Venue b. R.A. 3019
c. Jurisprudence c. R.A. 1379
d. Territory d. R.A. 6713

46. It is the authority of the court to try/hear cases for the 56. This attached agency of the DOJ is tasked to provide
first time to the exclusion of other courts. free legal assistance to poor members of society: a.
a. original jurisdiction National Bureau of Investigation
c. exclusive jurisdiction b. National Prosecution Service
b. appellate jurisdiction c. Board of Pardons and Parole
d. concurrent jurisdiction d. Public Attorney’s Office

47. It is the formal reading of the charges against a person 57. This is the power to apply the law to contests or
accused of a crime and latter asking him whether he disputes concerning legally recognized rights or duties
pleads guilty or not to the crime charged. between the state and private persons, or between
a. arraignment individual litigants in cases properly brought before the
b. preliminary investigation judicial tribunal.
c. plea a. Judicial Power
d. promulgation of judgment b. Judicial Review
c. Court
48. It is a body of men created to settle disputes within d. Court of Justice
Barangay level.
a. barangay tanod 58. This is the process or method whereby accusations are
b. pangkat tagapagkasundo brought before the court of justice to determine the
c. barangay council innocence or guilt of the accused.
d. lupon tagapamayapa a. Prosecutor
b. Prosecution
49. It is the most common way by which the police c. Trial
discovers or it informed that a crime has been committed: d. Preliminary Investigation
a. When the witness voluntarily reports the crime. b. When
the police discovers the crime 59. The settlement of a dispute by a person/s chosen to
c. When the victim reports the crime hear both sides and to come to a decision.
d. When the suspect surrenders a. Mediation
b. Settlement
50. The Lupon Tagapamayapa shall be composed of the c. Arbitration
Brgy. Chairman as Chairman of the Lupon and the Brgy. d. Agreement
Secretary as the Secretary of the Lupon and other
members who shall be: 60. One who prosecutes another for a crime in the name
a. more than 10 but less than 20 of the government?
b. not less than 10 but not more than 20 a. Public Prosecutor
c. more than 10 b. Private Prosecutor
d. less than 10 c. Prosecution
d. Ombudsman
51. When arrest may be made?
a. At any time of the day and night 61. It refers to the “court of last resort”.
b. At day time a. RTC
c. At night time b. Sandiganbayan
d. from sun dust till dawn c. Supreme Court
d. MTC
52. Under what circumstances arrest can be made even
without a warrant? 62. This court was created under RA 1125, as amended,
a. All of these which has exclusive appellate jurisdiction to review on
b. When the crime was committed in the presence of the appeal decisions of the Commissioner of the Internal
arresting officer. Revenue involving internal revenue taxes and decisions of
c. When the crime was in fact been committed and there the Commissioner of Customs involving customs duties.
is personal knowledge based on probable cause that the a. Court of Justice
person to be arrest has committed it. b. Court of Appeals
d. When the person to be arrested is an escapee c. Sandiganbayan
d. Court of Tax Appeals
53. Refers to the counsel provided by the government to
assist destitute litigant? 63. This court has jurisdiction over crimes committed by
a. Counsel de officio high-ranking public officials (with salary grade of 27
b. counsel de parte above), which can only be committed because of their
c. Public Attorney’s Office position.
d. volunteer counsel a. Court of Justice
54. It is a process directed to a person requiring him to b. Court of Appeals
attend and to testify or to bring with him any books or
 Amici Review Center Page 41
c. Sandiganbayan investigation or awaiting preliminary investigation before
d. Court of Tax Appeals the prosecutor.
a. Lock-up jail
64. It a writ order of the court bearing its seal and the b. Ordinary jail
signature of the judge directing the jail or prison c. workhouses
authorities to receive the convicted offender for service of d. prison
sentence.
a. Commitment Order 74. It is a form of motivation granted by the Director of
b. Mittimus Prisons whereby a number of days are deducted from the
c. warrant of arrest length of years that a prisoner have been sentenced to
d. habeas corpus serve for his good conduct.
a. Commutation of sentence
65. Is that branch of the criminal justice system charged b. Parole
with the custody, supervision and rehabilitation of a c. GCTA
convicted offender. d. reprieve
a. Penology 75. Correctional institutions in the country is divided into
b. Probation National and Local institution. What Department of the
c. Correction Executive Branch is the one in charge of the National
d. Criminology Penitentiary?
a. Bureau of Jail Management and Penology
66. A Jail is a place for the temporary confinement for b. Department of Justice
persons awaiting court action as well as convicted persons c. Department of Interior and Local Government
serving short sentence. It was derived from what Spanish
word? d. Bureau of Correction
a. jaula 76. It is the suffering that is inflicted by the state for the
b. caula transgression of the law.
c. gaol a. penalty
d. hawla b. self-defense
e. a and c c. exemplarity
d. punishment
67. Executive clemencies are acts of grace exercise by the
president. Which of the following is not one of them? a. 77. City and Municipal is the division of our correctional
Pardon institution which primarily in charge of those detention
b. Amnesty prisoner, awaiting for final judgment of their trial and
c. Commutation of Sentence serving short sentences and under the Bureau of Jail
d. Parole Management and Penology. While it is true that even the
Provincials Jails like the City and Municipal Jails are under
68. Prison is a place for confinement of convicted the DILG, it is subject to the control and supervision of the
prisoners. What classification of prisoners is sentenced to __________?
serve a prison term of one day to three (3) years or whose a. Bureau of Jail Management and Penology
fine is less than 6,000 but more than 200 or both? b. Department of Justice
a. National prisoner c. Bureau of Correction
b. City prisoner d. Provincial government
c. provincial prisoner
d. municipal prisoner 78. This is the process wherein the inmate, after serving
his sentence, is released to be able to mingle with the
69. Prisons are institution for confinement of convicted community.
offenders sentenced to more than three (3) years of a. Reintegration
imprisonment. It is derived from the Greco-Roman word b. Reincarnation
_____? c. Realization
a. Presinto d. Rehabilitation
b. Precindio
c. presidio 79. What system of prosecution is adopted when the
d. precinto victim or his representative has the primary responsibility .
for finding and presenting evidence to the court?
70. There are how many members the composed the
Lupon? a. Inquisitorial System
a. 3 members b. Adversarial System
c. 5 to 10 members c. Mixed System
b. 10 to 20 members d. Victimological system
d. 5 members
80. It is an informal and summary investigation
71. It is granted to convicted offenders who have served a
conducted by a public prosecutor in criminal cases
portion of their service granted by the Board of Pardons
involving persons arrested and detained without the
and Parole.
benefit of a warrant or arrest issued by the court, for
a. Pardon
b. Probation the purpose of determining whether or not said persons
c. Amnesty should remain under custody and corresponding be
d. Parole charged in court. Which one of these?

a. Preliminary Investigation
72. They serve as the conciliation panel consisting of three
(3) members. b. Inquest
73. It is a security facility, usually operated by the police c. Filing of complaint
stations, for the temporary detention of persons held for d. Inquiry
e.
 Amici Review Center Page 42
81. It is a legal inquiry or proceeding for the purpose of b. miscarriage of justice
determining whether there is sufficient ground to c. double jeopardy
engender a well-founded belief that a crime has been d. unfair and impartial trial
committed and that the respondent is probably guilty
thereof, and should be held for trial. Which one of these? 89. The following are the detention prisoners, except.
a. Persons held for security reasons
a. Preliminary Investigation b. Persons held for investigation
b. Inquest c. Persons waiting for final judgment
c. Filing of complaint d. Persons waiting for incarceration
d. Adjudication
e. 90. Prisoners sentenced to 3 years 1 day to Reclusion
82. What is called an order of the court directing a person Perpetua or Life Imprisonment.
to refrain from doing or continuing to do an act complained a. Insular Prisoners
of, or restraining him from continuing such action?
b. City Jail prisoners
a. Ante Order c. Provincial jail prisoners
b. Bench Order d. All of the above
e.
c. Injunction
91. An attached agency of the DOJ which provides a less
d. Dismissal
costly alternative to imprisonment of offenders a. Board of
Pardon and Parole
83. An early system of criminal justice in which the b. Bureau of Corrections
offender was allowed to offer atonement for the crime he c. BJMP
had committed. Atonement in today's practice can be best d. Parole and Probation Administration e.
applied through - 92. The administrative arm of the President of the
Philippines in the exercise of his constitutional power to
a. Fines for certain crimes grant, except in cases of impeachment, pardon, reprieve
b. Involuntary servitude and amnesty after conviction by final judgment.
c. Distierro a. Board of Pardons and Parole
d. Castration b. Bureau of Corrections
c. BJMP
84. What criminal justice doctrine states that any d. Parole and Probation Administration e.
defendant is innocent until proven guilty in a court of law? 93. An act created Board of Indeterminate Sentence.
a. Act 4103
a. Right to due process b. Act 4102
b. Presumption of Innocence c. Act 4101
c. Guilt beyond reasonable doubt d. Act 4100
d. Need not to prove anything e.
94. Government agency which renders services for
85. What philosophy refers to the responsiveness to the Children in Conflict with the Law.
a. DILG
supremacy of reason and obedience to the dictates of
b. DOJ
justice?
c. DSWD
a. Right to due process d. DOH
b. Presumption of Innocence e.
95. A child over fifteen (15) years of age at the time of the
c. Guilt beyond reasonable doubt
commission of the offense shall be exempt from criminal
d. Need not to prove anything
liability.
e. a. True
86. When a crime is committed, how does it reach the b. False
attention of the police? c. Partially True
d. Partially False
a. When citizens report criminal incidents
e.
b. When victims file criminal complaint 96. The Juvenile Justice Welfare Act.
c. When spontaneous action of police agencies is a. RA 9341
made b. RA 9342
d. Any of the above c. RA 9343
d. RA 9344
87. The legal act of searching for a personal property and
taking custody of such property so that it could be brought 97. The discernment is applicable to those children whose
to the court is called - age is over nine under fifteen under the Juvenile Justice
Welfare Act.
a. custodial investigation a. True
b. crime scene search b. False
c. search and seizure c. Partially True
d. stop and frisk d. Partially False
e.
88. When there is danger that a person is about to be 98. The period of Probation for the penalty imposed is
more than a year is not to exceed six years.
prosecuted or tried with the same offense that was earlier
a. True
charged against him, there is
b. False
a. lack of jurisdiction c. Partially True
d. Partially False
 Amici Review Center Page 43
99. Probation is a matter of right of every convicted Human Rights.[AICHR] was inaugurated by the ASEAN
person. Leaders at the 15th ASEAN summit in what country?
a. True A.Japan
b. False B.Thailand
c. Partially True C.Laos
d. Partially False D.Korea

100. Witness protection and Security Act passed and 110.The Association of Southeast Asian Nation[ASEAN]
approved on April 24, 1991. adopted the ASEAN Human Rights Declaration[AHRD} on.
a. RA 6984 A.March 12 2013
b. RA 6983 B.December 06 2015
c. RA 6982 C.November 18 2012
d. RA 6981 D.April 22 2010
101.This includes the mandate on the commission to
investigate cases of HUMAN RIGHT VIOLATION. A.Human 111.This refers to a migrant worker who retains his or her
Rights Promotion services habitual residence in a neighboring State.
B.Human Rights Protection Services A.Seasonal Workers
C.Human Rights Violation Prevention Service B.Seafarer
D.Human Rights Policy Advisory Services C.Frontier Worker
D.Worker on an Offshore Installation
102. This is where CHR exerts effort to increase the level
of understanding and awareness of the people of their 112. This refers to a migrant worker whose work by its
rights and obligation as a citizen. character is dependent on seasonal conditions and is
A.Human Rights Promotion services performed only during part of the year.
B.Human Rights Protection Services A.Seasonal Workers
C.Human Rights Violation Prevention Service B.Seafarer
D.Human Rights Policy Advisory Services C.Frontier Worker
D.Worker on an Offshore Installation
103.It is a platform of the CHR in voicing out their
position,comments, and suggestions on matter relating to 113.This includes a fisherman,refers to a migrant worker
a different human right issues and advocacies. A.Human employed on board a vessel registered in a state of which
Rights Promotion services he or she is not a national.
B.Human Rights Protection Services A.Seasonal Workers
C.Human Rights Violation Prevention Service B.Seafarer
D.Human Rights Policy Advisory Services C.Frontier Worker
D.Worker on an Offshore Installation
104.There are the services provided by the CHR in
preventing human right violation in areas that have a high 114.This refers to a migrant worker employed on an
rate of human rights abuse. offshore under the jurisdiction of a state of which he or
A.Human Rights Promotion services she is not a national.
B.Human Rights Protection Services A.Seasonal Workers
C.Human Rights Violation Prevention Service B.Seafarer
D.Human Rights Policy Advisory Services C.Frontier Worker
D.Worker on an Offshore Installation
105.These are the rights that are innate and inalienable
pertaining to all human persons and given to him by 115.This refers to a migrant worker who,having his or her
his/her Creator. habitual residence in one state ,has to travel to another
A. Basic Rights state or state for short periods.
B.Constitutional Rights A.Project-tied Worker
C.Natural Rights B.Specified-employment Worker
D.Statutory Rights C.Seafarer
D.Itinerant Worker
106.These are the rights conferred upon the individual by
the Constitution and guaranteed by the same Constitution. 116.This refers to a migrant worker admitted to a State of
A. Basic Rights employment for a defined period to work solely on a
B.Constitutional Rights specific project being carried out in that State by his or her
C.Natural Rights employer.
D.Statutory Rights A.Project-tied Worker
B.Specified-employment Worker
107.These are the rights given by the laws passed by the C.Seafarer
legislative body. D.Itinerant Worker
A. Basic Rights
B.Constitutional Rights 117.This refers to a migrant worker.
C.Natural Rights A.Project-tied Worker
D.Statutory Rights B.Specified-employment Worker
C.Seafarer
108.The ASEAN intergovernmental Commission on Human D.Itinerant Worker
Rights.[AICHR] was inaugurated by the ASEAN Leaders
on. 118.All people can freely determine their political status
A.December, 06 2005 and pursue their economic ,social and cultural
B.October, 16 2008 determination.
C.October, 23 2009 A.Equality and Non-discrimination
D.December, 14 2007 B.Fair Trial Rights
109. .The ASEAN intergovernmental Commission on C.Self-determination and Self-subsistence
Amici Review Center Page 44
D.All of the above

119.In Article 2,section 1 of ICCPR which state that each

State party undertakes to respect and to ensure to all
individuals within its territory and subject to its
jurisdiction. A.Equality and Non-discrimination
B.Fair Trial Rights
C.Self-determination and Self-subsistence
D.All of the above

120.It advocates fair trial rights ,as it states in Article 9

that no one shall be subjected to arbitrary arrest or
detension, and no one shall be deprived of his liberty
expect on such grounds and accordance in procedure
established by law.
A.Equality and Non-discrimination
B.Fair Trial Rights
C.Self-determination and Self-subsistence
D.All of the above

121.It is the convicted person right to re-trial or a right to

communication of sentence;pursuant to a miscarriage of
justice.
22. A.Restoration of legal rights
B.Restoration or recognition of citizenship
C.Right to reopening of criminal
proceedings D.Restoration of liberty

122.It is the recognition of rights that were denied to the

person as a result of a human rights violation.
A.Restoration of legal rights
B.Restoration or recognition of citizenship
C.Right to reopening of criminal
proceedings D.Restoration of liberty

123.Person must be released,if the international

jurisprudence has found that the detention is in violation
of international human rights law or of prison sentences
resulting from unfair trials.
A.Restoration of legal rights
B.Restoration or recognition of citizenship
C.Right to reopening of criminal
proceedings D.Restoration of liberty

124.It is where someone is deprived of his or her

nationality in violation of international law ,restoration to
original condition can be easily achieved.
A.Restoration of legal rights
B.Restoration or recognition of
citizenship C.Right to reopening of criminal
proceedings D.Restoration of liberty

125. It entails the duty of the government to ensure the

return of a person or group of person,who had been
subject to political persecution and obliged to leave the
country.
A.Restoration of legal rights
B.Restoration of employment
C.Return of property
D.Return to one’s place of residence
Amici Review Center Page 45