Board Question Prelims

1.
Mistake in blow means

a. Aberratio Ictus c. Accomplices
b. Accessories d. Act
2. Those who, having knowledge of the commission of the crime, and without having participated
therein, either as principals or accomplices.
a. Accomplices c. Accessories
b. Aberratio Ictus d. Act
3. Those persons who, not being included in Art. 17, cooperate in the execution of the offense by
previous or simultaneous acts.
a. Accessories c. Act
b. Aberratio Ictus d. Accomplices
4. Is any bodily movement tending to produce some effects in the external world.
a. Act c. Accessories
b. Accomplices d. Aberratio Ictus
5. Known as the Revised Penal Code.
a. Act c. Act 3815
b. Act 3851 d. Act 3715
6. Unable to testify, in respect to the pedigree of another person related to him by birth or marriage,
may be received in evidence where it occurred before the controversy, and the relationship
between the two persons is shown by evidence other than such act or declaration.
a. Act or declaration about pedigree c. Declaration about pedigree
b. Act d. Accomplices
7. They are the stages. Already punishable.
a. Act or declaration about pedigree c. Acts of execution
b. Execution d. Aberratio Ictus
8. Any person who by force or fraud prevents the meeting of either of the House of the Legislature or of
any provincial board or municipal council.
a. Act or declaration about pedigree c. Declaration about pedigree
b. Acts Tending to Prevent the Meeting of the Legislature and Similar Bodies
d. Act 3851
9. Spanish of “an act done by me against my will is not my act”.
a. Actus me invito factus nonest meus actus c. Aberratio Ictus
b. Actus non facit reum nisi mens sit rea d. Factus non estmeus actus
10. The act itself does not make a man guilty unless his intention was so.
a. Factus non estmeus actus c. Aberratio Ictus
b. Actus non facit reum nisi mens sit rea d. nisi mens sit rea
11. Intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to his
country's policy or interest.
a. Execution c. Acts of execution
b. Declaration about pedigree d. Adherence
12. The act or declaration of a conspirator relating to the conspiracy and during its existence, may be
given in evidence against the co-conspirator after the conspiracy is shown by evidence other than
such act of declaration.
a. Admission c. Conspirator
b. Admission by conspirator d. Adherence
13. The act or declaration of a partner or agent of the party within the scope of his authority and during
the existence of the partnership or agency, may be given in evidence against such party after the
partnership or agency is shown by evidence other than such act or declaration.
a. Admission by co-partner or agent c. Adherence
b. Admission d. Conspirator
14. Where one derives title to property from another, the act, declaration, or omission of the latter,
while holding the title, in relation to the property, is evidence against the former.
a. Admission by privies c. Adherence
b. Admission by co-partner or agent d. Conspirator
15. An act or declaration made in the presence and within the hearing or observation of a party who
does or says nothing when the act or declaration is such as naturally to call for action or comment
if not true, and when proper and possible for him to do so, may be given in evidence against him.
a. Adherence c. Admission by silence
b. Admission by co-partner or agent d. Admission by third party
16. The rights of a party cannot be prejudiced by an act, declaration, or omission of another, except as
hereinafter provided
a. Admission by third party c. Admission by third party
b. Conspirator d. Admission by silence
17. Admission of a party - the act, declaration or omission of a party as to a relevant fact may be given
in evidence against him.
a. Admission by silence c. Admission
b. Conspirator d. Admission by silence
18. Any statement of fact made by a party against his interest or unfavorable to the conclusion for
which he contends or is inconsistent with the facts alleged by him.
19. The complainant states that he did not really intend to institute the case and that he is no longer
interested in testifying or prosecuting.
a. Admission by silence c. Admission
b. Conspirator d. Affidavit of Desistance
20. Are those which if attendant in the commission of the offense, would serve to increase the penalty.
a. Aggravating Circumstances c. Aggravating Penalty
b. Conspirator d. Aid or comfort
21. Act which strengthen or tends to strengthen the enemy of the government in the conduct of war
against the government or an act which weakens or tends to weaken the power of the
government or the country to resist or to attack the enemies of the government or country.
a. Aid or comfort c. Conspirator
b. Allegiance d. Alien residing
22. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or
other explosives calculated to cause alarm or danger.
a. Alien residing c. Alarms and scandals
b. Altering Boundaries or Landmarks d. Allegiance
23. Temporary allegiance, commit treason only while residing in the Philippines.
a. Allegiance c. Alien residing
b. Alarms and scandals d. Conspirator
24. Obligation of fidelity and obedience which individuals owe to the government under which they live
or to their sovereign in return for protection they receive.
a. Allegiance c. Alien residing
b. Conspirator d. Alternative Circumstance
25. Any person who shall alter the boundary marks or monuments of towns, provinces, or estates, or
any other marks intended to designate the boundaries of the same.
a. Alternative Circumstance c. Amendment or substitution
b. Altering Boundaries or Landmarks d. Amnesty
26. Are those which must be taken into consideration as aggravating or mitigating according to the
nature and effects of the crime and the other conditions attending its commission.
a. Alternative Circumstance c. Amendment or substitution
b. Amnesty d. Appellant
27. Complaint or information may be amended, in form or in substance, without leave of court, at any
time before the accused enters his plea. After the plea and during the trial.
a. Appellant c. Amendment or substitution
b. Amnesty d. Appellee
28. Made by the President with the concurrence of Congress.
a. Amnesty c. Appeal
b. Appellee d. Appellant
29. A proceeding for review by which the whole case is transferred on the higher court.
30. The party appealing.
31. Appellee - the party adverse to the appellant.
32. The court, considering the gravity of the offense and the difficulty of the questions that may arise.
a. Appointment of counsel de oficio c. Appellee
b. Appellant d. Amnesty
33. Is illegal from the beginning whereas in Delay in the delivery of detained person.
a. Arbitrary detention c. Detention
b. Arbitrary d. Arrest
34. It means for bringing the accused into court and informing him of the nature and cause of the
accusation against him.
a. Appointment of counsel de oficio c. Arraignment
b. Appointment d. counsel de oficio
35. Taking a person into custody in order that he may be bound to answer for the commission of some
offense, made by an actual restraint of the person or by his submission to custody.
a. Arraignment c. Arrest
b. Arrest after escape or rescue d. Arrest of accused
36. 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.
a. Arrest after escape or rescue c. Arrest
b. Arrest of accused out on bail d. Arraignment
37. For the purpose of surrendering the accused, the bondsmen may arrest him or, upon written
authority endorsed on a certified copy of the undertaking, cause him to be arrested by a police
officer or any other person of suitable age and discretion.
a. Arrest after escape or rescue c. Arrest
b. Arrest of accused out on bail d. Arraignment
38. A peace officer or a private person may, without a warrant, arrest a person when, in his presence,
the person to be arrested has committed, is actually committing, or is attempting to commit an
offense.
a. Arrest without warrant c. Arrest
b. Arrest of accused out on bail d. Arrest after escape or rescue
39. Crime with imprisonment of 1 month and 1 day to 6 months.
a. Arresto mayor c. Arresto menor
b. misdemeanor d. light offense
40. Crime with imprisonment of 1 day to 30 days.
a. Arresto mayor c. Arresto menor
b. misdemeanor d. light offense
41. It is a remedy afforded to the offended party to have the property of the accused attached as
security for the satisfaction of any judgment that may be recovered from the accused.
a. Attachment c. Evidence
b. Bail d. Attempted
42. When the offender commences the commission of a felony directly by overt acts, and does not
perform all the acts of execution which should produce the felony by reason of some cause or
accident other than his own spontaneous desistance.
a. Attempted c. Consummated
b. Frustrated d. Attachment
43. Security given for the release of a person in custody of law, furnished by him or a bondsman,
conditioned upon his appearance before any court as required.
a. Bail c. Bail Bond
b. Bail to secure appearance of material witness d. Bond
44. An obligation under seal given by accused with one or more sureties and made payable to proper
officer with the condition to be void upon performance by the accused of such acts as he may
legally be required to perform.
a. Bail c. Bail Bond
45. When the court is satisfied, upon proof or oath, that a material witness will not testify when
required, it may, upon motion of either party, order the witness to post bail in such sum as may
be deemed proper. Upon refusal to post bail, the court shall commit him to prison until he
complies, or is legally discharged after his testimony has been taken.
a. Bail to secure appearance of material witness c. Bail Bond
46. All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or
released on recognizance as prescribed by law or this Rule.
a. Bail, a matter of right c. Bond
b. Bail, when discretionary d. Band
47. Bail, when discretionary - Upon conviction by the Regional Trial Court of an .offense not punishable
by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary.
48. Whenever more than three armed malefactors shall have acted together in the commission of an
offense, it shall be deemed to have been committed by a band.
49. A woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in
order to do something he wants her to do without concern for her rights.
a. Betrayal c. Battered Wife
b. Betting in sports contests d. Brief
50. Is that rule which requires the highest grade of evidence obtainable to prove a disputed fact.
a. Brief c. Burden Of Evidence
b. Burden of proof in bail application d. Best Evidence Rule
51. Any attorney-at-law or solicitor ( procurador judicial) who, by any malicious breach of professional
duty or of inexcusable negligence or ignorance.
a. Brief c. Burden Of Evidence
b. Betrayal of trust by an attorney or solicitor d. Best Evidence Rule
52. Object or article of value or representative of value upon the result of any boxing or other sports
contests.
a. Brief c. Betting in sports contests
53. Brief - it literally means a short or condensed statement.
54. Logical necessity on a party during a particular time of the trail to create a prima facie case in his
favor or to destroy that created against him by presenting evidence.
55. At the hearing of an application for bail filed by a person who is in custody for the commission of an
offense punishable by death, reclusion perpetua.
a. Burden of proof in bail application c. Betting in sports contests
56. The duty of a party to present evidence on the facts in issue necessary to establish his claim or
defense by the amount of evidence required by law.
a. Burden Of Proof/Risk of Non-Persuasion c. Betting in sports contests
57. Upon application of the bondsmen, with due notice to the prosecutor, the bail may be cancelled
upon surrender of the accused or proof of his death.
a. Cancellation of bail c. Cause of the accusation
b. Certain d. Certiorari
58. Capital Offense - it is an offense which, under the law existing at the time of its commission and of
the application for admission to bail may be punished with death.
59. Acts or omissions complained of as constituting the offense and the qualifying and aggravating
circumstances must be stated in ordinary and concise language and not necessarily in the
language used in the statute.
60. No person must escape the penalty.
61. Is used to correct only errors of jurisdiction and not errors of judgment of an inferior court.
62. Any person who shall challenge another, or incite another to give or accept a challenge to a duel, or
shall scoff at or decry another publicly for having refused to accept a challenge to fight a duel.
63. The aggregate of the moral qualities which belong to and distinguish an individual person.
a. Character c. Child
64. Above 15 years but below 18.
65. A child who is accused or adjudged of having committed an offense.
b. Child in Conflict with the Law d. Certiorari
66. Is the proof of a fact or facts from which taken either singly or collectively, the existence or a
particular fact in dispute may be inferred as a necessary or probable consequence.
a. Classical (Juristic) Theory c. Common Law Crimes
b. Commercial lists and the like d. Circumstantial Evidence
67. The basis of criminal liability is human free will and the purpose of penalty is retribution.
b. Commercial lists and the liked d. Circumstantial Evidence
68. Evidence of statements of matters of interest to persons engaged in an occupation contained in a
list, register, periodical, or other published compilation is admissible as tending to prove the truth
of any relevant matter.
69. Any person who shall commit a felony after having been convicted by final judgment.
a. Commission of another crime during service of penalty imposed for another offense
c. Common Law Crimes
70. The body of principles, usages and rules of actions which do not result from the express act of the
legislature. There is no such crime in the Philippines.
71. Is the definite opinion of the community in which the fact to be proved is known or exists. It means
the general or substantially undivided reputation, as distinguished from a partial or qualified one,
although it need not be unanimous.
a. Common Reputation c. Common Law Crimes
72. It is the reduction of the period of imprisonment of the offender or the amount of the fine.
a. Commutation of Sentence c. Competent Evidence
b. Competency Of A Witness d. Complaint
73. Is the legal fitness or ability of a witness to be heard on the trial of a cause.
74. One that is not excluded by these Rules, a statute or the Constitution.
75. Sworn written statement charging a person with an offense, subscribed by the offended party, any
peace officer or other public official charged with the enforcement of the law violated.
76. Is an agreement made between two or more parties as a settlement matter in dispute.
b. Compromise d. Complaint
77. The class of evidence which the law does not allow to be contradicted.
b. Compromise d. Conclusive Evidence
78. A contract between the president and the convict the former will release the latter upon
compliance with certain conditions.
a. Commutation of Sentence c. Confrontation
b. Conspiracy and Proposal to Commit Rebellion or Insurrection d. Confession
79. Categorical acknowledgment of guilt made by an accused in a criminal case, without any
exculpatory statement or explanation
80. It is the act of setting a witness face to face with the accused so that the latter may make any
objection he has to the witness, and the witness may identify the accused, and this must take
place in the presence of the court having jurisdiction to permit the privilege of cross examination.
81. Conspiracy and proposal to commit rebellion or insurrection shall be punished, respectively, by
prisión correccional in its maximum period and a fine which shall not exceed 5,000 pesos, and by
prisión correccional in its medium period and a fine not exceeding 2,000 pesos.
82. two or more persons come to an agreement to a. Levy war against the government or adhere to the
enemies and to give them aid or comfort.
a. Conspiracy and Proposal to Commit Treason c. Confrontation
83. Persons conspiring to commit the crime of sedition shall be punished by prision correccional in its
medium period and a fine not exceeding 2,000 pesos.
a. Conspiracy to Commit Sedition c. Confrontation
b. Confession d. Corporate surety
84. When an instrument is equally susceptible of two interpretations, one in favor of natural right and
the other against it, the former is to be adopted.
a. Construction in favor of natural right c. Confrontation
85. When all the elements necessary for its accomplishment and execution are present.
a. Consummated c. Confrontation
86. Trial once commenced shall continue from day to day as far as practicable until terminated; but it
may be postponed for a reasonable period of time for good cause.
a. Corporate surety c. Continuous Trial System
b. Correspondence with hostile country d. Corroborative Evidence
87. Any domestic or foreign corporation, licensed as a surety in accordance with law and currently
authorized to act as such, may provide bail by a bond subscribed jointly by the accused and an
officer of the corporation duly authorized by its board of directors.
88. There is a war in and Philippine is involved.
89. Is additional evidence of a different character to the same point.
90. Any person who shall have made the offers or promises or given the gifts or presents as described in
the preceding articles.
a. Counterfeiting the great seal of the Government of the Philippine Islands, forging the
signature or stamp of the Chief Executive c. Corruption of
public officials
b. Counterfeiting, importing and uttering instruments not payable to bearer
d. Counsel De Officio
91. He is counsel appointed by the court to represent and defend the accused in case he cannot afford
to employ one himself.
public officials
92. Any person who shall forge the Great Seal of the Government of the Philippine Islands or the
signature or stamp of the Chief Executive.
public officials
93. Any person who shall forge, import or utter, in connivance with the forgers or importers, any
instrument payable to order or other document of credit not payable to bearer.
public officials
94. Any person who in act directed the others, spoke for them, signed receipts and other documents
issued in their name or performed similar acts on behalf of the rebels.
a. Court supervision of detainees c. Craft
b. Coup d'etat d. Crime
95. He court shall exercise supervision over all persons in custody for the purpose of eliminating
unnecessary detention.
96. Is a circumstance characterized by trickery or cunning resorted to by the accused, to carry out his
design. It is the use of intellectual trickery and cunning on the part of the accused.
97. Is an act committed or omitted in violation of a public law forbidding or commanding it.
98. One by which the State prosecutes a person for an act/omission punishable by law.
a. Criminal Action c. Criminal Law
b. Criminal Jurisdiction d. Crime
99. It is the authority to hear and try a particular offense and impose the punishment for it.
100. Branch of public law which defines crimes treats of their nature and provides for their punishment.

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Mistake in blow means

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