CRIMINAL JURISPRUDENCE

==================================================================

INSTRUCTIONS: Select the correct answer for each of the following

questions. Mark only one answer for each item by shading the box
corresponding to the letter of your choice on the answer sheet
provided. STRICTLY NO ERASURES ALLOWED. Use pencil no. 1 only.

1. It is a branch or division of law which defines crimes,

threats of their nature and provides for their punishment.

A. criminal evidence B. criminal law

C. criminal jurisprudence D. criminal procedure

2. These are the characteristics of criminal law, EXCEPT:

A. generality B. territoriality
C. constitutionality D. prospective

3. These are the exceptions to generality.

A. public international law

B. treaty stipulations
C. preferential application
D. ex-post facto law

4. These are the elements of felony, EXCEPT:

A. acts or omission B. punished by RPC

C. punished by laws D. deceit or fault

5. These are the requisites of mistake of fact as a defense,

EXCEPT:

A. act done would have been lawful

B. intention of the accused must be lawful
C. resulting injury is due to the act of victim
D. mistake must be without fault or carelessness

6. The offender perform all acts of execution which would

produce a felony as a consequence, but which do not produce it by
reason of causes independent of the will of perpetrator.

A. consummated B. frustrated
C. attempted D. all of the above
7. When two or more persons come to an agreement concerning
commission of felony and decide to commit it.

A. treason B. rebellion
C. conspiracy D. sedition

8. Law attaches capital punishment or penalty or any of their

periods are afflictive.

A. less grave B. grave

C. less serious D. light

9. Are those which, if present in the commission of the crime,

do not entirely free the actor from criminal liability.

A. justifying circumstances
B. exempting circumstances
C. mitigating circumstances
D. non of the above

10. Those which, if attendant in the commission of crime, served

to increase the penalty but without exceeding the maximum penalty
prescribed by the law.

A. aggravating circumstances
B. alternative circumstances
C. all of the above
D. non of the above

11. These are the elements of self-defense, EXCEPT:

A. unlawful aggression B. sufficient provocation

C. reasonable necessity D. elements of self defense

12. These are the elements of irresistible force, EXCEPT:

A. an act is required by law to be done

B. compulsion is by means of physical force
C. physical force is irresistible
D. physical force comes from a third person

13. These are the elements of uncontrollable fear, EXCEPT:

A. threat which causes fear is of an evil greater or at

least equal to that he is required to commit
B. promise an evil of such gravity and imminence
ordinary

2
 man would have succumbed
C. all of the above
D. non of the above

14. These are the elements of insuperable or lawful cause,

EXCEPT:

A. an act is required by law to be done

B. person committed a crime but no penalty
C. person fails to perform such act
D. failure to perform due to insuperable cause

15. It is an aggravating circumstance that applies to a

particular felony like cruelty in crime against person.

A. generic B. specific
C. qualifying D. inherent

16. When the offender has committed offenses which are embraced
in the same title of the Revised Penal Code, he is.

A. habitual delinquent
B. quasi-recidivist
C. recidivist
D. reiteracionist

17. The following elements must be proved by the prosecution in

evident premeditation, EXCEPT.

A. time when the offender determined to commit the crime

B. based upon external acts and must be evident
C. act manifestly indicating determination
D. sufficient lapse of time between determination

18. These are the requirements of alternative circumstances,

EXCEPT:

A. relationship
B. intoxication
C. degree of education
D. drug addiction

19. These are the principals in the commission of grave, less

grave and light felonies, EXCEPT:
A. take direct part in the commission of crime
B. directly by force or induce others to commit it

3
 C. has intention to procure commission of crime
D. cooperate in the commission of offense by another

20. These are the effects of pardon made by the Chief Executive
to convicted criminal offenders, EXCEPT:

A. extinguishes criminal liability

B. right to vote and be voted upon
C. does not exempt payment of civil liability
D. does not restore right to hold public office

21. The elements of complex crime proper are as follows, EXCEPT:

A. that at least two offenses are committed

B. that one or some of the offenses must be necessary
C. both the offenses must be punished by the same statue
D. several light felonies resulting from single act

22. It is a single crime consisting of series of acts arising

from one criminal action.

A. complex crimes B. continuing crime

C. compound crime D. impossible crime

23. It is a minor who is over 9 years, but under 18 years of age

at the time of commission of an offense.

A. juvenile delinquents B. youthful offenders

C. delinquent minors D. delinquent children

24. It is an act committed or omitted in violation of a public

law forbidding or commanding it.

A. crime B. felony
C. infractions D. offenses

25. This is otherwise known as the Revised Penal Code of the

Philippines.

A. Act No. 3815 B. PD 1508

C. Admin. Order No. 94 D. Act No. 3851
26. These are the elements of the crime of treason, EXCEPT:

A. the offender is a Filipino citizen or an alien

residing in the Philippines
B. there is a war in which the Philippines is involved

4
 C. the offender is either levies against the government
or adhere to the enemies, giving them aid or
comfort
D. breach of allegiance to a government committed by a
person who owes allegiance to the government

27. It is forcible depredation on the high seas, without lawful

authority and done with animo flurandi and in the spirit and
intention of universal hostility.

A. mutiny B. piracy
C. robbery D. qualified piracy

28. These are the elements of the crime of arbitrary detention,

EXCEPT:

A. the offender is a public officer or employee

B. that he detains a person
C. the detention is without legal grounds
D. a person is detained in confinement

29. These are the crimes known as the violation of domicile,

EXCEPT:

A. opening of tables and drawers by the police officer

B. entering a dwelling against the will of the owner
C. search warrant maliciously and abusively served
D. searching domicile without witnesses

30. It is committed by rising publicly ands taking arms against

the government, depriving the Chief Executives and Legislature of
the powers and prerogatives.

A. rebellion B. sedition
D. coup d’ etat D. treason

31. It is a swift attack, accompanied by violence, intimidation,

threat, strategy or stealth, directed against duly constituted
authorities.

A. rebellion B. sedition
D. coup d’ etat D. disloyalty

32. It is known as the Violence Against Women and Their Children

Act.

5
 A. RA 8553 B. RA 7659
D. RA 9262 D. RA 7610

33. It is an order in writing issued by the judge commanding any

peace officer to search the premises and seized the property
described therein and bring it before the court.

A. warrant of arrest B. subpoena duces tecum

D. search warrant D. seizure order

34. These are the elements of direct assault as crime against

public order, EXCEPT:

A. the offender employs force or intimidation

B. the aim of the offender is to attain rebellion
C. that there is no public uprising
D. without uprising on the occasion of such performance

35. These are the elements of direct assault as crime against

persons, EXCEPT:

A. the offender makes an attack

B. the person assaulted is a person in authority
C. there is no public uprising
D. the over-act performed is against public order

36. These are the elements of the crimes of indirect assault,

EXCEPT:

A. that a person is in authority is the victim

B. that a person comes to the aid of such authority
C. that the offender makes use of force or intimidation
D. the offender party is a private person

37. These are the crimes classified under public disorders,

EXCEPT:

A. tumults and other disturbances of public order

B. unlawful use of means of publication and utterances
C. alarms and scandals & delivering prisoners from jails
D. resistance to authority and serious disobedience

38. It is improper performance of some act which might lawfully

be done.

6
 A. misfeasenace B. malfeasance
C. nonfeasance D. dereliction of duty

39. These are the elements of the crime of indirect bribery,

EXCEPT:

A. the offender is a public officer

B. the public office accepts gifts
C. agree to perform an act constituting a crime
D. the said gifts are offered by reason of his office

40. These are the elements of the crime of parricide, EXCEPT:

A. a person is killed
B. the deceased is killed by the accused
C. the deceased is father, mother, or child
D. the relationship must be real and legitimate

41. It is the unlawful killing of any person which is not

parricide or infanticide, provided that any of the following
circumstances are present, i.e., treachery, in consideration of
price, with evident premeditation, etc.

A. homicide B. murder
C. manslaughter D. abortion

42. These are the elements of the crime of homicide, EXCEPT:

A. the person was killed without any justifying

circumstances
B. the accuses had the intention to kill, which is
presumed
C. the killing was not attended by any qualifying
circumstances
D. treachery, evident premeditation, with cruelty, and by
means of fire, poison, and explosion, etc.

43. It exists when there are there at least four persons who are
armed took part in disturbance or are provided with means of
violence.

A. tumultuous affray B. public disorders

C. physical injuries D. prison riots

44. It is the act constituting of shooting to another with any

firearm, without intent to kill.

7
 A. discharge of firearms B. illegal firing
C. indiscriminate firing D. accidental fire

45. It is defined as the killing of any child less than three

days of age, whether the killer is the parent or grandparent, any
other relative of the child, or stranger.

A. abortion B. homicide
C. infanticide D. parricide

46. It is defined as the willful killing of the foetus in the

uterus, or the violent expulsion of the foetus from the maternal
womb which results in the death of the said foetus.

A. abortion B. homicide
C. infanticide D. parricide

47. It is a formal or regular combat previously concerted

between two parties in the presence of two or more seconds.

A. duel B. dual
C. challenger D. instigators

48. It is means lopping or the clipping off of some part of the

body.

A. injuries B. mutilation
C. castration D. decapitation

49. These are the ways and means how the crime of serious
physical injuries committed, EXCEPT:

A. by wounding and beating

B. by assaulting as provided by Art. 263
C. by administering injurious substance
D. intentionally mutilating others

50. It is a crime committed by any person, either male or female

who shall commit an act of sexual assault.

A. adultery B. concubinage
C. rape D. acts of lasciviousness

51. It is the essential element or act which makes the offense

of kidnapping.

8
 A. deprivation of an offended party’s liberty
B. ransom money in-exchange of the victims
C. with the use of force, violence and intimidation
D. that the offender is a private individual

52. These are the elements of the crime of unlawful arrest,

EXCEPT:

A. the offender arrests or detains another persons

B. the purpose is to deliver him to proper authorities
C. the arrest or detention is not authorized by the law
D. without warrant of arrest issued by the court

53. It is the taking of property of another with intent to gain,

by means of violence, or intimidation of any person.

A. theft B. robbery
C. coercion D. grave threats

54. It is when more than three armed malefactors take part in

the commission of robbery.

A. robbery in band B. brigandage

C. carnappers D. theft

55. It is committed by more than three armed persons for the

purpose of committing robbery or kidnapping for extortion.

A. robbery in band B. brigandage

C. carnappers D. theft

56. It is with intent to gain, without violence or intimidation

of persons, force upon things, and without the latter’s consent.

A. robbery B. theft
C. brigandage D. qualified theft

57. These are the elements of the crime of qualified theft,

EXCEPT:

A. it is committed by domestic violence

B. committed with grave abuse of confidence
C. stolen were motor vehicle, mail matter, large cattle
D. theft committed by a laborer in construction

9
58. It is meant the taking away of woman from her house or the
place where she may be for the purpose of carrying her to another
place with intent to marry or corrupt her.

A. seduction B. abduction
C. adultery D. concubinage

59. It is consists in voluntary, but without malice, doing or

falling to do an act from which material damage results by reason
of inexcusable lack of precaution.

A. simple imprudence B. reckless imprudence

C. criminal imprudence D. criminal negligence

60. These are the elements of the crime of qualified bribery,

EXCEPT:

A. the offender is entrusted with law enforcement

B. the offender is liable to direct and indirect bribery
C. consideration of any promise, gift or present
D. the offender refrains from arresting offenders

61. This is an act amending the provision of PD 1866, otherwise

known as illegal possession of firearms, ammunitions and
explosives laws.

A. RA 8294 B. GO No. 6
C. RA 7438 D. RA 8353

62. It prescribes stiffer penalties in illegal gambling and for

other purposes.

A. PD 1866 B. PD 1602
C. PD 1185 D. PD 1508

63. This is otherwise known as thee anti-graft and corrupt

practices act.

A. RA 3019 B. RA 3047
C. PD 77 D. BP 195

64. This is an act prescribing, enumerating and defining and

penalizing heinous crimes.

A. RA 7659 B. RA 8711
C. RA 9165 D. RA 9269

10
65. It is otherwise known as the anti-subversion act.

A. RA 1700 B. Act 3815

C. PD 1185 D. RA 7659

66. It is an order in writing commanding a peace officer to

search the property described in the order, and bring before the
court.

A. warrant of arrest B. search warrant

C. replevin D. preliminary attachment

67. It means that the unlawful search taints not only the
evidence obtained thereat, but also the facts discovered by
reason on unlawful acts.

A. silver platter doctrine B. poisonous tree doctrine

C. illegal search actions D. search abusively served

68. These are the instances where a police officer may break the
door or windows to effects a search, EXCEPT:

A. announced his authority and purpose

B. the purpose of search and seizure
C. police officer was refused assistance
D. elements of plain view doctrine

69. These are the things to be search, EXCEPT:

A. property subject of the offense

B. property stolen or fruits of the crime.
C. intended to be used for committing an offense.
D. personal property of the subject person

70. These are the elements of warrant less search, EXCEPT:

A. possession of contraband or illicit articles

B. when there is consent or waiver.
C. when evidence to be seized is in “plain view”
D. search incidental to lawful arrest

71. It is the method provided for by the Revised Rules of Court

not only for the apprehension and prosecution of persons who
commit crimes, but also for the imposition of the penalty.

A. criminal law B. criminal evidence

C. rules of court D. criminal procedure

11
72. It is a sworn statement charging a person with an offense
subscribed by the offended party, and peace officer, or other
public officer charges with the enforcement of the law violated.

A. information B. complaint
C. pleadings D. accusation

73. These are the officers authorized to conduct preliminary

investigation, EXECPT:

A. provincial or city fiscal and their assistants

B. judges of the municipal trial courts
C. judges of the regional trial courts
D. national and regional state prosecutors

74. It is the taking of person into custody in order that he may

be bound to answer for the commission of offenses, EXCEPT:

A. arrest B. apprehend
C. detained D. search

75. A peace officer or a private person, without warrant, may

arrest a person lawfully.

A. committing, attempting and committed an offense

B. personal knowledge of the fact of the offense
C. arrest of escapee from prisons and jails
D. fugitive from justice and the rule of law

76. It is the security given for the release of a person in

custody of the law.

A. bailbond B. property bond

C. bail D. cash bond

77. Trial in absentia can be conducted in the following manner,

EXCEPT:

A. before or after conviction of the lower court

B. the accused has been properly arraigned
C. the accused had been duly notified of the trial
D. failure of the accused to appear is unjustified

12
78. It is an offense which, under the law existing at the time
of its commission and at the time of the application to be
admitted to bail, may be punished by life to death sentence.

A. heinous crimes B. capital offense

C. grave offense D. serious over-acts

79. It is one of the rights granted to a defendant in a criminal

case is that he shall be exempted from being __________.

A. presumed innocent B. witness against himself

C. self-incriminated D. confronted by accuser

80. The presence of the accused in court is indispensable and

mandatory in the following instances, EXCEPT:

A. arraignment and plea B. promulgation of judgment

C. identification purpose D. presentation of evidence

81. Arraignment consists of the following, EXCEPT:

A. opportunity for the accused to know the charge

B. reading of complaint or information
C. asking the accused whether guilty or not guilty
D. furnishing of a copy of complaint or information

82. It is any definite statement of any matter with is not

averted with sufficient definiteness or particularly to enable a
party to prepare properly his pleading and to prepare for trial.

A. motion to quash B. bill of particular

C. petition for review D. petition for certiorari

83. It is means that when a person is charged with an offense

and the case is terminated either by an acquittal or conviction
or any other manner without the consent of the accused.

A. complaint padding B. bed sheeting

C. multiple filing of case D. double jeopardy

84. It is motion to dismiss a criminal case after the

prosecution has rested its case on the ground of insufficiency of
evidence.

A. motion to quash B. re-investigation

C. demurrer to evidence D. non of the above

13
85. It is means the adjudication of the court that the accused
is guilty or is not guilty of the offense charge.

A. judgment B. prosecution
C. verdict D. promulgation

86. For the secondary evidence to be admissible, the following

requisites must be proved by satisfactory evidence, EXCEPT:

A. execution and existence or original

B. loss and destruction of the original
C. existed as to the proof of the fact in question
D. unavailability of original is not due bad faith

87. Witness are qualified to testify if:

A. they are capable of perceiving

B. can make perception known to others
C. all of the above
D. non of the above

88. It is any evidence, whether oral or documentary, the

probative value of which is not bases on the personal knowledge
of the witness, but on the knowledge of some other person non on
the witness stand.

A. confession B. acknowledgement
C. admission D. hearsay evidence

89. These are the requisites for the admissibility of the

declaration against interest.

A. declarant must not be available to testity

B. the actor or declarant is dead and unable to
testify
C. the declaration must have related a fact against
interest and cognizable by declarant
D. circumstances must render it improbable that a motive
to falsify existed

90. It is means “things done,” and it includes the circumstances

and declarations incidental to the main facts of the prosecution.

A. dying declaration B. res gestae

C. pedigree D. against interest

14
91. It is the means sanctioned by the Rules of Court of
ascertaining in a judicial proceeding, the truth respecting the
matters of fact.

A. evidence B. proof
C. factum probans D. factum probandum

92. It is the ultimate fact to be established.

A. evidence B. proof
C. factum probans D. factum probandum

93. It is the establishment of the fact, or the conviction or

satisfaction that indeed the fact exists.

A. evidence B. proof
C. factum probans D. factum probandum

94. That which has some connection or relation to what is sought

to be proved; that which has a tendency to prove or disprove the
matter in dispute.

A. admissible evidence B. direct evidence

C. relevant evidence D. material evidence

95. Those are evidences that are addressed to the senses of the
court.

A. expert evidence B. real evidence

C. prim facie evidence D. primary evidence

96. These are the evidence which was inadmissible under the
constitutions, EXCEPT:

A. those who are obtained in violation of the privacy of

communications and correspondence
B. those obtained thru torture, force violence, threat,
intimidation, or any other means
C. those which are not excluded by the law and which is
relevant to the issue
D. those obtained by compelling a person to be a witness
against himself

97. When is evidence admissible in court proceedings.

A. relevant to the issue B. when its is competent

C. not excluded by the law D. all of the above

15
98. It is consist of statements made by parties in the course of
judicial proceedings.

A. judicial notice B. judicial admissions

C. judicial proceedings D. non of the above

99. It is that which affords the greatest of the fact in

question, and in itself, does not indicate the existence of other
and better proof.

A. best evidence rule B. secondary evidence

C. parole evidence role D. testimonial evidence

100. Is meant the legal fitness or ability of a witness to be

heard on the trial of the case.

A. witness B. competency of witness

C. testimonial evidence D. parole evidence rule

-Good Luck-

16