REVIEWER IN CCE IF the suspect is ATLARGE, the officer must
investigate.
CRIMINAL JUSTICE SYSTEM – the machinery of
the state or government which enforces the rule
of conduct necessary to protect life, liberty, and
property and maintain peace and order.
- Has all the means to create law to
govern behavior of the public
- Provide penalties, may arrest/detained
criminals
5 PIILARS
1. LAW ENFORECEMENT – charge to
investigate/detained criminals, initiation
of action, not pertain only on office,
also all government.
2. PROSECUTION – legal process to
determine the innocents/guilt of
accused, to see the justice is done.
3. COURT – decide on controversies.
4. PENOLOGY – reformation of
rehabilitation of PDL.
5. COMMUNITY – group of persons, prime
mover, crime was committed here so
they must file complaint in LEA.
LAW ENFORCEMENT – must investigate,
establish the Cardinal Points: 5W’s and 1H; to
support the allegation of the victim, the police
must file.
- Enforce all law and ordinances, to make
arrest/detained criminals, maintain
peace and order
REGULAR PROCEEDING – issue/summon the
respondent by subpoena requiring to submit
complaint affidavit within 15 DAYS.
 When it will commence? IT WILL START
ON THE FOLLOWING DAY.
IF the suspect was ARRESTED, do a extrajudicial
confession, if he deny the accusation, the
investigator must rely on evidence.
CONFESSION RULE (same on filing on Regular
Proceeding – bring subpoena)
1. Assistance of Counsel (may abogado) –
if wala nito, the investigator will be
liable on R.A. 7438.
 Article 17 of Section III - Rights Against
Self Incrimination
2. PRELIMINARY INVESTIGATION in short
PI (no resolution, mandate to do by
public prosecution)
 Person not yet arrested.
 Person not yet detained.
 Regular Filing (magsasampa ng reklamo
 If has probable cause, magsasampa ng
information.
 No warrant of arrest yet.
INQUEST PROCEEDING (dine walang PI,
ibig sabihin wala kang rights kaya meron
kang 5 DAYS to file MOTION TO
INVESTIGATION)
 Huli na ang suspect dito.
 Nakadetained nadin.
 Magsasawa ng SUMMARY IN NATURE
(madalian, mas mabilis, inaalam lang
kung bakit nakakulong ito)
 Para alamin kung valid bang reason na
ituloy ang pagkakulong sa kanya, like
kung tam aba pagkakaarrest sa kanya
kahit walang warrant of arrest
 No need na dito ng warrant of arrest
kasi huli na ang suspect.
 MAPAPALAYA ANG ARRESTED PERSON
KAPAH WALA NAMAN NA SUFFICIENT
CAUSE SA PAG-ARESTO SA KANYA.
  If a cased filed on the court, only the
court has the jurisdiction
INFLAGRANTE DELICTO – caught in the act

HOT PURSUIT – pertains to personal

knowledge. REMEDY AVAILABLE ON PARTY

POLICE – SUSPECT ang tawag sa gumawa ng 1. File for MOTION OF RECONSIDERATION

crime pagnasa police pa or M.R. (ilang days? 15 DAYS, first day
excluded but the last day included),
PROSECUTOR – RESPONDENT naman ang
request /appeal on DOJ, upheld by the
tawag pagnasa prosecutor na, meron siyang
prosecution.
5 DAYS upon knowledge of accusation
2. File for MOTION OF REINVESTIAGTION
against him para magsubmit. Laging ang
first day ay hindi kasama, example 19 mo
nalaman, pero sa next day pa magsisimula
UNJUST VEXATION – example dinuraan sa
countdown which is 20.
noo
COURT – ACCUSED naman tawag pagnasa
 Walang jurisdiction ang RTC dito
court na.
gawang ang sakop lang ng RTC ay 6
years and above

COURT – inaalam dito kung gaano kabigat

ang krimen mong nagawa, always approved
MTC – 6 years below
dine ang rights of accused. ( determine if
has probable cause, if meron at ang suspect
ay atlarge or hindi huli, mag-iissue sila ng
WARRANT OF ARREST. JURISDICTION OF COURT IN PERSON

COURT JURISDICTION over the CASE, 1. Arrested

PERSON and VENUE
 May TRIAL padin kahit umamin na anG
accused called REVERSED TRIAL.
PROSECUTION – to determine the existence
of probable cause, facts and circumstances
that will induces a conscious man to believe
that a crime was committed ( para siya ay
maniwala na may nangyari sadya)
2. Surrender
3. Bail
For ARRAIGNMENT – babasahan ka ng kaso,
may jurisdiction na dine ang court
 Court procedure that informed the
cause of the nature of accusation
against you.

 If the accused was detained, the court

RESPONDENT (meron siyang 15 DAYS to will issue COMMITMENT OF ORDER, if
submit counter affidavit to testimonies he not, WARRANT OF ARREST.
will produce)
RULE OF CONDUCT – it’s the law, protect
life.
FUNDAMENTAL LAW IS THE CONSTITUITION
SECTION 1. No person shall be deprived of
life, liberty, or property.
DEPRIVATION – even injuries on fetus
(ABORTION) is protected by law
INFANTICIDE – if 4 days above na, murder
na siya.
LIBERTY – all searches and seizure are
unreasonable except there an order of the
court like Search Warrant like Warrantless
Searches.
PROPERTY – example SELF DEFENSE, like sa
relo inaagaw sayo
DUE PROCESS – it is the law that hears
before it condemned.
PRELIMARY INVESTIGATION – inquiry
proceeding for the purposes of determining
whether there are sufficient ground to in
gender in well-founded belief that crime is
committed and respondent is liable.
EQUAL PROTECTION OF LAW – kaya
nakulong kasi walang pampiyansa
- We have PAO and FISCAL dito
TAX EQUAL – Malaki singil sa mga
negosyante tapos sa mahihirap mga nasa 20
lang.
WARRANT OF ARREST – taking persons in
custody
SEARCH WARRANT – order of writing
addresses personally by the judge and
signed by himself to search and seizure the
illegal objects.
PARTICULARITY OF DESCRIPTION – describe
not only the subject of the
seizure/contraband but also described the
place.
- Example, DAMPIL APARTMENT, di
pwede ang general, dapat specific like
kasama yung kuwarto
- Pagdi kilala ang tao, ganto ilalagay
STUDENTS TAKING CCE 2 ON 1:30 PM
POLICE VISIBILITY
1. It creates of feeling fear on criminal
2. Creates a security on the part of
citizen.
- The ROLE OF COMMUNITY is to report
the crime
OUR CJS NOT FUNCTION WELL BY
OBSERVATION OF SOCIETY
- LE – cant control the crime like POGO
because our LE is engaged for them to
cooperate
- AFP – corrupt higher rank
- PNP – PO1 palang/bofyguard ay
garapang na
- PROSECUTION – kasi meron lang silang
30 DAYS to solve the compalaint
- Crime like on Mindanao (NPA,
TERRORIST)
- COURT DOCKETS, kasi kulang ang korte
- OVERCROWDING, siksikan sa jail, 200
lang capacity pero 1000 nakakulong
- PLEA BARGAINING AGREEMENT – aamin
ka para bumaba ang kaso mo at way din
ito para madecongest ang population sa
jail.
- WAR ON DRUGS - bargaining to lower
penalty
- SEAT IN BANK – lahat ng justices ay
magdedecide
 kaya di mo maaresto criminal pagnanduon
sa lugar nayun.
JUDGES of the MTC conduct PI pero hindi na
sila kasali ngayon

POLICE ACT OF 1966 (NAPOLCOM)

 We have resident/civilization before P.D. 765 – give full authority in Police by

Maellan came
 INDIO – residents of Philippines
 NOMADICS – no permanent place,
palipat lipat para makasurvive sila kaya
kalaunan natuto silang MAGSOIL,
pagtagal ay sinalakay sila ng mga WILD
ANIMALS kaya naman they select
 ABLE-BODIES – sila yung lalaban sa wild
animals para maprotektahan tanim nila
and they are been paid by sharing
harvest.
SPANIARDS – sakop tayo ng 400 years
(GUARDIA CIVIL) then binigay tayo sa
Marcos (INTEGRATED NATIONAL POLICE)
that’s why it become one organization
police in every place but they are control by
PC.
GENERAL GUTARE - create PNP; in
committee level pass but nagsponsor ulit
siya creates RA 6975
RA 6975 (PNP LAW OF 1991)
- Namantyahan at nadumihan daw mga
PC during Martial Law kaya nacreate
ang RA 6975
- National in scope

AMERICANS – created the Police RA 8551 – REORGANIZATION OF PNP OF

Department (INSULAR CONSTABULARY) 1998
JAPANESE – (KEMPETAI – police) - ATTRITION SYSTEM – pagbabawas ng
personnel, ex. non promotion/poor
AMERICAN, back of DOUGLAS MCARTHUR –
performance
introduces other form of policing , we are
- Will return to civilian if not completed
now independence
education
PHILIPPINE CONSTABULARY (PC) – creation
RA 9708 – PROFESSIONALISM OF PNP
of police in every city
- last amendment of RA 6975)
GROUNDS

1. Disturbance
2. Presence of armed person FUNCTION OF PNP
3. Serious suspicion in present of lawless
- maintenance, arrest. Investigation,
detention
DATI, ang mga police ay appointed ng
MAYOR by approval of governor, pati kung
sa lipa lang ikaw, dun lang ikaw may
jurisdiction kaya kapag pumunta ka sa ibang
lugar like rosario, hindi kana police duon
 3 AIM FOLD OF INVESTIGATION
1. Identification of suspect
2. Location of suspect
3. Providing evidence (very vital)
POLICE ARREST – all searches/arrest are
unreasonable except lawful order of the
court
DETENTION OF ARRESTED PERSON
RULE 125 DELAY IN THE DELIVERY OF THE
ARRESTED PERSON TO PROPER JUDICIAL
AUTHORITIES – did not comply on given
period of:
- 12 hours LIGHT OFFENSE
- 18 hours LESS GRAVE OFFENSE
- 36 hours GRAVE OFFENSE
ARTICLE 124 ARBITRARY DETENTION – illegal
from the very start, no legal grounds pero
inarrest mopa din.
ARTICLE 126 DELAYING RELEASE – when court
ordered release of the detained person pero di
mo sinunod.
POLICE DISCRETION – wise use of one
judgement
PROSECUTION - legal process by which
accusation is brought to court justice to
determine the guilt of accuse
- Trial can’t proceed without the
presence of prosecution
- Not guilty pa dito, must face trial with
due process
- Respondent – accused
2 PREPATORY STAGES
1. POLICE INVESTIGATION – investigation
of complaint and determined what is
right is violated and 5W’s and 1H.
- Collection of facts
2. PRELIMINARY INVESTIGATION – by
investigating prosecutor
- Very vital on part of the respondent
- Walang bayad ang PI
- Give chance to defend himself
- Absent of PI is absent of due process
that’s why the RESPONDENT can
request for PI.
After INQUEST PROCEEDING, forward on Court
of Justice – when received the complaint, he will
give a day 5 DAYS for MOTION FOR
INVESTIGATION
JUSTICE – not only on offended party but
also on offender – to give fair trial,
judgement
POWER OF PROSECUTION
1. Decide whether to prosecute the case
or not
2. Dismiss the charges of has no probable
cause
3. Required accuse to do PLEA
BARGAINING for a lower offense
4. Hold the case open for further action
5. Terminate the proceeding case
anywhere in system.
PROSECUTOR - the arm of the government
under Executive Department because it is
under DOJ.
 PUBLIC ATTORNEY OFFICE – under judicicary
(SC)
WHO CONDUCTS PI?
- NATIONAL STATE PROSECUTOR
- REGIONAL STATE PROSECUTOR
- PROVINCIAL/CITY STATE PROSECUTOR
- COMELEC
COURT FUNCTIONS
- Evaluate and hear the case
- Listen to the argument of parties
- DECISION OF COURT IS NOT FINAL
ALWAYS
- has double mission to protect huma
rights
REMEDIES
1. to file criminal case against the
accused
2. to hold him civily liable
3. to file the case for MANDAMUS
MANDAMUS – mandate order
PURPOSE OF PI
1. protect innocent
2. secure the innocent
3. protect the state from misuse
- ACCUSED has the rights to file of
RECONSIDERATION on court even the
prosecutor dismiss the case
SC – Alexander G. Gesmundo (Highest) (2 years
rendered decisions), has 15 JUSTICES and 3
DIVERSION
RTC – COURT OF GENERAL JURISDICTION,
because there are cases na pwedeng hawakan
ng SC/MTC at dun din sa RTC (90 DAYS/3
MONTHS, IT HAS 720 JUSTICES
MTC – COURT OF LIMITED JURISDICTION
because it holds cases not exceed 6 years
WHEN PI MANDATORY?
- If penalty is 4 years and 2 months and 1
day 1 day
DOCTRINE OF STUBBORN – hindi mo pinaglaban
rights mo like pinabayaan trial
CA – 1 year rendered decision, has 69 JUSTICES
AMICUS CURIAE – friends of the court
DRAFT COURT (SANDIGANBAYAN) tanod bayan
- ANTI GRAFT COURT – only public
officers can be liable on this
BENCH WARRANT – minomove ng parties
during our trial
BAIL – all cases are bailable, you have the right
to file for MOTION FOR BAIL kahit nakalagay ay
non bailable
COMPLEX CRIME. Example in robbery, nagtago
victim sa kisame at binarily, tawag at ROBBERY
with HOMICIDE
COURT OF TAX (Manny Pacquiao case)
CORRECTION – under DOJ
PENOLOGY – under attack because it does not
function well because of dockets in jail
BJMP – TRIBUREAU ( less than 3 years)
BUCOR – more than 3 years
 PURPOSE OF PENOLOGY

- Deterrence In MURDER, EVIDENT is not elements – inherent

- Rehabilitation na ito
- Reintegration on community,
COURT OF TAX APPEAL – same level on CA and
acceptance on ex convict
SANDIGANBAYAN
- Isolation of prisoner
ANTI MONEY LAUNDERY ACT (AMLACT)

IF HOMICIDE takes place in commission of rape,

ROLES OF COMMUNITY
what is the case?
1. Identifying the offenders
- ARTICLE 48 (SPECIAL COMPLEX CRIME)
2. Data about the illegal act of criminals
3. Knowing crimes group
4. Volunteering as eyewitness
5. Adapting precautionary to prevent
crimes

SPECIAL COMPLEX CRIME, example RAPE WITH

HOMICIDE, ROBBERY WITH HOMICIDE

- The maximum period of most severe

crime is the penalty

DOLO – has intent, deceit

CULPA – mere incident by results of negligence

In SPECIAL LAW AND QUASI OFFENSES – intent

is not defense

ELEMENTS OF CRIME

1. Intent
2. Ability
3. Opportunity – eliminate to prevent
crime

ELEMENTS OF EVIDENT PREMEDIATION

1. Determine to commit the crime

2. Sufficient lapse of time
3. Manifesting indicating that offender has
flunk the determination
Criminal Jurisprudence Review Questions
Prepaid by: ECD.
1. Berto, with evident premeditation and
treachery killed his father. What was the crime
committed?
A. Murder
B. Parricide
C. Homicide
D. Qualified Homicide
Answer: B
2. PO3 Bagsik entered the dwelling of Totoy
against the latter’s will on suspicion that Bitoy
keep unlicensed firearms in his home. What was
the crime committed by PO3 Bagsik?
4. Prof. Jose gave a failing grade to one of his
students, Lito. When the two met the following
day, Lito slapped Prof. Jose on the face. What
was the crime committed by Lito?
A. Corruption of Public Officials
B. Direct Assault
C. Slight Physical Injuries
D. Grave Coercion
Answer: B
5. A warrant of arrest was issued against Fred
for the killing of his parents. When PO2 Tapang
tried to arrest him,Fred gave him 1 million pesos
to set him free. PO2 Tapang refrained in
arresting Fred. What was the crime committed
by PO2 Tapang?

A. Trespass to Dwelling A. Indirect Bribery

B. Violation of Domicile B. Direct Bribery

C. Usurpation Of Authority C. Corruption of Public Officials

D. Forcible Trespassing D. Qualified Bribery

Answer: B Answer: D

3. Charlie and Lea had been married for more 6. Which of the following is the exemption to
than 6 months. They live together with the the hearsay rule made under the consciousness
children of Lea from her first husband. Charlie of an impending death?
had sexual relation with Jane, the 14 year old
A. Parol Evidence
daughter of Lea. Jane loves Charlie very much.
What was the crime committed B. Ante mortem statement

by Charlie? C. Suicide note

A. Simple Seduction D. Dead man statute

B. Qualified Seduction Answer: D

C. Consented Abduction

D. Rape

Answer: B
7. Factum probans means __. 11. Which of the following is not covered by the
Rules on Summary Procedure?
A. preponderance of evidence
A. Violation of rental laws
B. ultimate fact
B. Violation of traffic laws
C. evidentiary fact
C. The penalty is more than six months of
D. sufficiency of evidence
imprisonment
Answer: C
D. The penalty does not exceed six months
8. It refers to family history or descent imprisonment
transmitted from one generation to another.
Answer: C
A. inheritance
12. It refers to a territorial unit where the power
B. heritage of the court is to

C. pedigree be exercised.

D. culture A. jurisdiction

Answer: C B. jurisprudence

9. The authority of the court to take cognizance C. venue

of the case in the first instance.
D. bench
A. Appellate Jurisdiction
Answer: C
B. General Jurisdiction
13.The Anti-Bouncing Check Law.
C. Original Jurisdiction
A. RA 6425
D. Exclusive Jurisdiction
B. RA 8353
Answer: C
C. BP.22
10. A person designated by the court to assist
D. RA 6975
destitute litigants.
Answer: C
A. Counsel de officio
14. The taking of another person’s personal
B. Attorney on record
property, with intent to gain, by means of force
C. Attorney at law and intimidation.

D. Special counsel A. qualified theft

Answer: A B. robbery

C. theft

D. malicious mischief

Answer: B
15. Felony committed when a person compels D. direct assault
another by means of force, violence or
Answer: C
intimidation to do something against his will,
whether right or wrong. 19. The deprivation of a private person of the
liberty of another person without legal grounds.
A. grave threat
A. illegal detention
B. grave coercion
B. arbitrary detention
C. direct assault
C. forcible abduction
D. slander by deed
D. forcible detention
Answer: B
Answer: A
16. These are persons having no apparent
means of subsistence but have the physical 20. An offense committed by a married woman
ability to work and neglect to apply himself or through carnal knowledge with a man not her
herself to lawful calling. husband who knows her to be married,
although the marriage can be later declared
A. Pimps
void.
B. prostitutes
A. concubinage
C. gang members
B. bigamy
D. vagrants
C. adultery
Answer: D
D. immorality
17. A medley of discordant voices, a mock
Answer: C
serenade of discordant noises designed to
annoy and insult. 21. Age of absolute irresponsibility in the
commission of a crime.
A. Tumultuous
A. 15-18 years old
B. charivari
B. 18-70 years old
C. sedition
C. 9 years old and below
D. scandal
D. between 9 and 15 years old
Answer: B
Answer: C
18. The unauthorized act of a public officer who
compels another person to change his 22. Those who, not being principals cooperate
residence. in the execution of the offense by previous or
simultaneous acts.
A. violation of domicile
A. Accomplices
B. arbitrary detention
B. Suspects
C. expulsion
C. principal actors
D. accessories D. indirect bribery

Answer: A Answer: B

23. The loss or forfeiture of the right of the 27. The willful and corrupt assertion of
government to execute the final sentence after falsehood under oath of affirmation,
the lapse of a certain time fixed by law. administered by authority of law on a material
matter.
A. prescription of crime
A. libel
B. prescription of prosecution
B. falsification
C. prescription of judgement
C. perjury
D. prescription of penalty
D. slander
Answer: D
Answer: C
24. A kind of executive clemency whereby the
execution of penalty is suspended. 28. Deliberate planning of act before execution.

A. Pardon A. Treachery

B. commutation B. evident premeditation

C. amnesty C. ignominy

D. reprieve D. cruelty

Answer: D Answer: B

25. Infractions of mere rules of convenience 29. Whenever more than 3 armed malefactors
designed to secure a more orderly regulation of shall have acted together in the commission of a
the affairs of the society. crime.

A. mala prohibita A. gang

B. mala in se B. conspiracy

C. private crimes C. band

D. public crimes D. piracy

Answer: A Answer: C

26. Felony committed by a public officer who 30. The failure to perform a positive duty which
agrees to commit an act in consideration of a one is bound to.
gift and this act is connected with the discharge
A. Negligence
of his public duties.
B. imprudence
A. qualified bribery
C. omission
B. direct bribery
D. act
C. estafa
Answer: C Answer: A

31. Ways and means are employed for the
purpose of trapping and capturing the law
breaker in the execution of his criminal plan.
A. Misfeasance
B. entrapment
C. inducement
D. instigation
Answer: B
32. Those where the act committed is a crime
but for reasons of public policy and sentiment
there is no penalty imposed.
35. At what time may the accused move to
quash the complaint or information?
A. at any time before his arrest
B. only after entering his plea
C. any time before entering his plea
D. Monday morning
Answer: C
36. The process whereby the accused and the
prosecutor in a criminal case work out a
mutually satisfactory disposition on the case
subject to court approval.

A. impossible crimes A. Arraignment

B. aggravating circumstances B. plea bargaining

C. absolutory causes C. preliminary investigation

D. Complex Crimes D. trial

Answer: C Answer: B

33. One of the following is an alternative 37. The security given for the release of a
circumstance. person in custody, furnished by him or a
bondsman, conditioned upon his appearance
A. Insanity
before any court as required under the
B. intoxication conditions specified by law.

C. passion or obfuscation A. Subpoena

D. evident premeditation B. recognizance

Answer: B C. bail

34. If the accused refuse to plead, or make D. warrant

conditional plea of guilty, what shall be entered
Answer: C
for him?
38. The examination before a competent
A. a plea of not guilty
tribunal, according to the laws of the land, of
B. a plea of guilty the acts in issue in a case, for the purpose of
determining such issue.
C. a plea of mercy
A. Trial
D. a plea of surrender
B. Arraignment
C. pre-trial 42. It is that which, standing alone, unexplained
or uncontradicted is sufficient to maintain the
D. judgment
proposition affirmed.
Answer: A
A. secondary evidence
39. The adjudication by the court that the
B. prima facie evidence
accused is guilty or is not guilty of the offense
charged, and the imposition of the proper C. corroborative evidence
penalty and
D. best evidence
A. trial
Answer: B
B. Pre-trial
43. A form of evidence supplied by written
C. Arraignment instruments or derived from conventional
symbols, such as letters, by which ideas are
D. Judgment
represented on material substances.
Answer: D
A. documentary evidence
40. It is an inquiry or proceeding for the purpose
B. testimonial evidence
of determining whether there is sufficient
ground to engender a well founded belief that C. material evidence
an offense has been committed and the
D. real evidence
offender is probably guilty thereof and should
be held for trial. Answer: A
A. pre-trial 44. When the witness states that he did not see
or know the occurrence of a fact.
B. arraignment
A. positive evidence
C. preliminary investigation
B. corroborative evidence
D. plea bargaining
C. secondary evidence
Answer: C
D. negative evidence
41. It is evidence of the same kind and to the
same state of facts. Answer: D
A. secondary evidence 45. Personal property that can be subjects for
search and seizure.
B. prima facie evidence
A. used or intended to be used as means in
C. corroborative evidence
committing an offense
D. best evidence
B. stolen or embezzled and other proceeds or
Answer: C fruits of the offense

C. subject of the offense

D. all of the above

Answer: D 49. A question which arises in a case the
resolution of which is the logical antecedent of
46. All persons who can perceive and
the issue involved in said case and the
perceiving, can make known their perception to
cognizance of which pertains to another
others.
tribunal.
A. Suspects
A. legal question
B. witnesses
B. juridical question
C. victims
C. prejudicial question
D. informers
D. judicial question
Answer: B
Answer: C
47. The unlawful destruction or the bringing
50. The RPC was based on the
forth prematurely, of human fetus before the
natural time of birth which results in death. A. Spanish penal code

A. abortion B. English penal code

B. infanticide C. American penal code

C. murder D. Japanese penal code

D. parricide Answer: A

Answer: A 51. An act or omission which is a result of a

misapprehension of facts that is voluntary but
48. Felony committed when a person is killed or
not intentional.
wounded during the confusion attendant to a
quarrel among several persons not organized A. impossible crime
into groups and the parties responsible cannot
B. mistake of facts
be ascertained.
C. accidental crime
A. alarm and scandal
D. complex crime
B. mysterious homicide
Answer: B
C. death under exceptional circumstances
52. Infanticide is committed by killing a child not
D. tumultuous affray
more than….
Answer: D
A. 36 hours

B. 24 hours

C. 48 hours

D. 72 hours

Answer: D
53. Ignorance of the law excuses no one from 57. The quality by which an act may be
compliance therewith. subscribed to a person as its owner or author

A. ignorantia legis non excusat A. responsibility

B. parens patriae B. duty

C. res ipsa loquitur C. guilt

D. dura lex sed lex D. imputability

Answer: A Answer: D

54. An act which would be an offense against 58. Something that happen outside the way of
persons or property if it was not for the our will, and although it comes about through
inherent impossibility of its accomplishment. some acts of our will,lies beyond the bounds of
humanly foreseeable consequences.
A. compound crime
A. fortuitous event
B. impossible crime
B. fate
C. complex crime
C. accident
D. accidental crime
D. destiny
Answer: B
Answer: C
55. The law which reimposed the death penalty.
59. A sworn written statement charging a
A. RA 5425
person with an offense,subscribed by the
B. RA 8553 offended party, any peace officer or other public
officer charged with the enforcement of the law
C. RA 7659 violated.
D. RA 8551 A. subpoena
Answer: C B. information
56. One who is deprived completely of reason C. complaint
or discernment and freedom of the will at the
time of the commission of the crime. D. writ

A. discernment Answer: C

B. insanity 60. This right of the accused is founded on the

principle of justice and is intended not to
C. epilepsy protect the guilty but to prevent as far as
D. imbecility human agencies can the conviction of an
innocent person.
Answer: D
A. right to due process of law

B. presumption of innocence
C. right to remain silent 64. When the offender enjoys and delights in
making his victim suffers slowly and gradually,
D. right against self-incrimination
causing him unnecessary physical pain in the
Answer: B consummation of the criminal act.

61. Known in other countries as the body of A. Ignominy

principles, practices,usages and rules of action
B. cruelty
which are not recognized in our country.
C. treachery
A. penal laws
D. masochism
B. special laws
Answer: B
C. common laws
65. One, who at the time of his trial for one
D. statutory laws
crime shall have been previously convicted by
Answer: C final judgment of another crime embraced in
the same title of the Revised Penal Code.
62. Circumstances wherein there is an absence
in the agent of the crime any of all the A. Recidivism
conditions that would make an act voluntary
B. habitual delinquency
and hence, though there is no criminal liability
there is civil liability. C. reiteracion

A. Exempting D. quasi-recidivism

B. alternative Answer: A

C. justifying 66. Alevosia means

D. aggravating A. Craft

Answer: A B. treachery

63. Circumstances wherein the acts of the C. evident premeditation

person are in accordance with the law, and
D. cruelty
hence, he incurs no criminal and civil liability.
Answer: B
A. exempting
67. The law hears before it condemns, proceeds
B. alternative
upon inquiry and render judgment after a fair
C. justifying trial.

D. aggravating A. ex post facto law

Answer: C B. equal protection of the law

C. rule of law

D. due process of law

Answer: D
68. A person if within a period of 10 years from 72. A method fixed by law for the apprehension
the date of his release or last conviction of the and prosecution of persons alleged to have
crime of serious or less serious physical injuries, committed a crime, and or their punishment in
robbery, theft, estafa or falsification, he is found case of conviction
guilty of any of the said crimes a third time or
A. Criminal Law
oftener.
B. Criminal Evidence
A. Recidivist
C. Criminal Procedure
B. quasi-recidivist
D. Criminal Jurisprudence
C. habitual delinquent
Answer: C
D. hardened criminal
73. The period of prescription of crimes
Answer: C
punishable by death.
69. A kind of evidence which cannot be rebutted
A. 20 years
or overcome.
B. 15 years
A. Primary
C. 10 years
B. Best
D. 40 years
C. Secondary
Answer: A
D. Conclusive
74. Persons who take direct part in the
Answer: D
execution of a crime.
70. A kind of evidence which cannot be rebutted
A. Accomplices
or overcome.
B. Accessories
A. Primary
C. Instigators
B. Best
D. Principals
C. Secondary
Answer: D
D. Conclusive
75. A crime against honor which is committed
Answer: D
by performing any act which casts dishonor,
71. These questions suggest to the witness the discredit, or contempt upon another person.
answers to which an examining party requires.
A. libel
A. leading
B. slander by deed
B. misleading
C. incriminating innocent person
C. stupid
D. intriguing against honor
D. hearsay
Answer: B
Answer: A
76. The improper performance of some act Answer: A
which might lawfully be done.
80. Which of the following is not a person in
A. misfeasance authority?

B. malfeasance A. Municipal mayor

C. nonfeasance B. Private School Teacher

D. dereliction C. Police Officer

Answer: B D. Municipal Councilor

77. A sworn statement in writing, made upon Answer: C

oath before an authorized magistrate or officer.
81. In its general sense, it is the raising of
A. subpoena commotions or disturbances in the State.

B. writ A. Sedition

C. warrant B. Rebellion

D. affidavit C. Treason

Answer: D D. Coup d’ etat

78. Any other name which a person publicly Answer: A

applies to himself without authority of law.
82. The length of validity of a search warrant
A. alias from its date.

B. common name A. 30 days

C. fictitious name B. 15 days

D. screen name C. 10 days

Answer: C D. 60 days

79. A special aggravating circumstance where a Answer: C

person, after having been convicted by final
83. The detention of a person without legal
judgment, shall commit a new felony before
grounds by a public officer or employee.
beginning to serve such sentence, or while
serving A. illegal detention
the same. B. arbitrary detention
A. quasi-recidivism C. compulsory detention
B. recidivism D. unauthorized detention
C. reiteracion Answer: B
D. charivari
84. A breach of allegiance to a government, 88. It means that the resulting injury is greater
committed by a person who owes allegiance to than that which is intended.
it.
A. Aberratio ictus
A. treason
B. Error in personae
B. espionage
C. Dura Lex Sed lex
C. rebellion
D. Praeter Intentionem
D. coup d’ etat
Answer: D
Answer: A
89. It means mistake in the blow.
85. A building or structure, exclusively used for
A. Aberratio Ictus
rest and comfort.
B. Error in Personae
A. sanctuary
C. Dura lex sed lex
B. prison
D. Praeter Intentionem
C. jail
Answer: A
D. dwelling
90. A stage of execution when all the elements
Answer: D
necessary for its execution and accomplishment
86. The mental capacity to understand the are present.
difference between right and wrong.
A. Attempted
A. treachery
B. Frustrated
B. premeditation
C. Consummated
C. recidivism
D. Accomplished
D. discernment
answer: C
Answer: D
91. An act or omission which is the result of a
87. Conspiracy to commit this felony is misapprehension of facts that is voluntary but
punishable under the law. not intentional.

A. Estafa A. Absolutory Cause

B. Murder B. Mistake of facts

C. Rebellion C. Conspiracy

D. Rape D. Felony

Answer: C Answer: B
92. Crimes that have three stages of execution. B. Territorial

A. Material C. Prospective

B. Formal D. Retroactive

C. Seasonal Answer: A

D. Continuing 97. A legislative act which inflicts punishment

without judicial trial.
Answer: A
A. Bill of Attainder
93. Felonies where the acts or omissions of the
offender are malicious. B. Bill of Rights

A. Culpable C. Ex Post Facto Law

B. Intentional D. Penal Law

C. Deliberate Answer: A

D. Inculpable 98. The taking of a person into custody in order

that he may be bound to answer for the
Answer: B
commission of an offense.
94. It indicates deficiency of perception.
A. Search
A. Negligence
B. Seizure
B. Diligence
C. Arrest
C. Imprudence
D. Detention
D. Inference
Answer: C
Answer: A
99. Pedro stole the cow of Juan. What was the
95. Acts and omissions punishable by special crime committed?
penal laws.
A. Robbery
A. Offenses
B. Farm Theft
B. Misdemeanors
C. Qualified Theft
C. Felonies
D. Simple Theft
D. Ordinances
Answer: C
Answer: A

96. A character of Criminal Law, making it

binding upon all persons who live or sojourn in
the Philippines.

A. General
100. Pedro, a 19 year old man had sexual
intercourse with her 11 year old girlfriend
without threat, force or intimidation. What was
the crime committed?
A. Child rape
B. Qualified Rape
C. Statutory Rape
D. None of these
Answer: C
MIDTERM IN CRIM LAW
Relationship by affinity refers to a
relation by virtue of a legal bond such
as marriage. Relatives by affinity
therefore are those commonly referred
to as “in-laws”, or stepfather,
stephmother, stepchild and the like. *
True
False
When the accused admits killing the
victim, but involves a justifying
circumstance, the constitutional
presumption of innocence is effectively
waived and the burden of proving the
existence of such circumstances shifts
to the accused. *
True
False
It is a legislative act which inflicts
punishment without trial. *
Bill of attainder
ex post facto laws
Mala prohibita
Mala in se
An attack made by a man with a deadly
weapon upon an unarmed and
defenseless woman does not constitute
the circumstance of abuse of superior
strength. *
True
False
Acts and omissions punishable by
law. *
Felonies
Quasi-delict
Mala prohibita
Dolo
One of the following is not a principle of
extraterritoriality: *
Should commit an offense while on a
Philippine ship or airship
Should force or counterfeit any coin or
currency note or obligations and securities
issued by the Government
While being private officers or employees,
shuld commit an offense in the exercise of
thier functions;
Should commit any of the crimes against
national security and the law of nations.
The crime is deemed to have been
committed by a band when more than 4
armed malefactors take part in its
commission. *
True
False
“Actus non facit reum, nisi mens sit rea”
means: *
THe act done by me against my will is not
my act.
There is no crime when there is no law that
punishes it.
A crime is not committed if the mind of the
person performing the act is innocent.
The act of one is the act of all.
Injurious result is greater than that
intended: *
Praeter intentionem
Error in personae
Mistake of fact
Aberration Ictus
The defense of insanity is thus in the
nature of a confession or avoidance.
The accused who asserts it is, in effect
admitting to the commission of the
crime. Hence, the burden of proof shifts
to him, and his side must then prove his
insanity with clear and convincing
evidence. *
True
False
A person who acts under the
compulsion of an irresistible force, like
one who acts under the impulse of an
uncontrollable fear of equal or greater
injury, is exempt from criminal liability
because he does not act with
freedom. *
True
False
Other:
The following refers to an ex post facto
law except: *
Makes criminal an act done before the
passage of the law and which was innocent
when done, and punishes such an act
Aggravates a crime, or makes it greater than
it was, when committed.
Changes the punishment and inflicts a
greater. Punishment than the law annexed to
the crime when committed.
Inflicts punishment without trial
The following are characterestics of
criminal law, except: *
Territorial
General
Prospective
Diplomatic
By invoking self-defense, the accused
must prove by clear and convincing
evidence the elements of self-
defense. *
True
False
It is that cause which in natural and
continuous sequence, unbroken by an
efficient intervening cause, produces
the injury, and without which the result
would not have ocurred. *
Praeter intentionem
Proximate cause
Mistake of fact
Aberratio ictus
Alternative circumstances are the
following, except: *
Relationship
Intoxication
Degree of instruction and education of the
offender
Dwelling
Without unlawful aggression, self-
defense will still have a leg to stand on
and this justifying circumstance can and
will be appreciated. *
True False
False
Whether there was a complete
It is a doctrine that ‘a court in deprivation of intelligence in committing
construing an ambiguous criminal the criminal act. *
statute that sets out multiple or
Test of Cognition
inconsistent punishments, should Test of Volition
resolve the ambiguity in favor of the All of the above
NOne of the above
more lenient punishment”. *
Equipoise doctrine The presence of mitigating
In dubio pro reo doctrine circumstances does not change the
Rule of Lenity
Finality of Acquittal doctrine nature of the crime. It can only affect
the imposable penalty, depending on
The accused intended to kill his victim, the kind of penalty and the number of
as manifested by his use of a deadly attendant mitigating circumstances. *
weapon in his assault, and his victim
True
sustained fatal or mortal wound/s but False
did not die because of timely medical
There is _______ when the act is
assistance, the crime committed is
performed with deliberate intent and
attempted murder or attempted
there is ________ when the wrongful
homicide. *
act results from imprudence,
True
False negligence, lack of foresight, or lack of
skill. *
The following are correctional penalties,
Deceit, fault
except: * Fault, Deceit
Intent, Deceit
Prision correccional
Deceit, Intent
Prision mayor
Arresto mayor
Destierro If the punishable act or ommission is
immoral in itself, then it is a crime mala
Acts done in the spirit of revenge can prohibita. *
be considered acts done with passion
False
and obfuscation. * True
True
False When in doubt, for the accused *
Rule of lenity
Every person criminally liable for a Dolo
felony is not civilly liable. * Mala in se
In dubio pro reo
True

Nighttime is aggravating because the
darkness facilitated the commission of
the offense. *
True
False
Culpable Felonies involve those wrongs
done as a result of an act performed
without malice or criminal design. *
True
False
The following are factors affecting
criminal liability, except : *
Mitigating circumstances
Justifying circumstances
Absolutory causes
Exempting circumstances
None of the above
If a criminal case is dismissed by the
trial court or if there is an acquittal, an
appeal of the criminal aspect may be
undertaken only by the private
complainant. *
True
False
Dwelling is aggravating because of the
sanctity of privacy the law accords to
human abode. He goes to aother’s
house to hurt him or do him wrong is
more guilty than he who offends him
elsewhere. *
True
False
For double jeopardy to attach, the
following elements must concur,
except : *
A valid information sufficient in form and
substance to sustain conviction of the crime
charged.
A court of competent jurisdiction.
The accused has been arraigned and had
pleaded.
The accused was not convicted nor
acquitted or the case was dismissed with his
express consent.
“Mens Rea” has been defined before
as: *
A guilty mind
A guilty or wrongful purpose or criminal
intent
Essential for criminal liability
All of the above
For voluntary surrender to mitigate
criminal liability, the following elements
must concur, except: *
The offender has not been actually arrested
The offender surrenders himself to a person
in authority or to the latter’s agent
The surrender is voluntary
The offender has been arrested
The Revised Penal Code exempts from
criminal liability any person who while
performing a lawful act with due care,
causes an injury by means of accident
without fault or intention of causing it. *
True
False
So long as the offender fails to
complete all the acts of execution
despite commencing the commission of
a felony, the crime is undoubtedly in the
frustrated stage. *
True
False
It exists when the execution of the In a conspiracy, it is necessary to show
criminal act is preceded by cool thought that all the conspirators actually hit and
and reflection upon the resolution to killed the victim. *
carry out the criminalintent during the True
space of time sufficient to arrive at a False

calm judgment. * Those which must be taken into

Evident premeditation consideration as aggravating or
Treachery
Fraud mitigating according to the nature and
Craft effects of the crime and other
conditions attending its commission. *
Mistake in the blow: *
Mitigating circumstances
Praeter intentionem
Alternative circumstances
Error in personae
Exempting circumstances
Mistake of fact
Justifying circumstances
Aberration ictus
The voluntary plea of guilt is mitigating
When the offender has committed a
because it indicated a moral disposition
felony in the state of Intoxication, it
in the accused favorable to his reform. *
shall be considered as
_________________; but when the True
False
intoxication is habitual or intentional, it
shall be considered as an A child 15 years of age or under at the
___________________________. * time of the commission of the offense
Mitigating, Justifying shall be exempt from criminal liability. *
Mitigating, Aggravating True
Alternative, Aggravating False
Aggravating, Mitigating
It is the “moving power” that impels one
Light felonies are punishable only when
to action for a definite result *
they have been consummated, with the
Intent
exception of those committed against
Motive
persons or property. * Passion
Provocation
True
False
In order for the mitigating circumstance
Opsyon 3
of physical defect to be appreciated, it
Mistake of identity * must be shown that such physical
Praeter intentionem defect limited his means to act, defend
Error in Personae
Mistake of fact himself or communicate with his fellow
Aberratio ictus beings to such an extent that he did not
have complete freedom of action,
consequently resulting in dimminution
of the element of voluntariness. *
True
False
Dwelling is considered inherent in
crimes which can only be committed in
the abode of the victim, such as
trespass to dwelling and robbery in an
inhabited place. *
True
False
A statute is _____________ when it
impose punishment for an offense
committed against the Stage, which,
under the Constitution, the Executive
has the power to parden. *
Penal
Civil
Taxation
Commercial
1. In intentional crimes, the act itself is
punished. 2. In negligence or
imprudence, what is principally
penalized is the mental attitude or
condition behind the act, the dangerous
recklessness, lack of care or foresight. *
Only 1 is true
Only 2 is true
Both 1 and 2 are true
Both 1 and 2 are false
1. Ignominy is appreciated in a case
where a woman was raped in the
presence of her betrothed, or of her
husband, or was made to exhibit to the
rapist her complete nakedness before
they raped her. 2. The aggravating
circumstance of ignominy shall be
taken into account if means are
employed or circumstances brought
about which add ignominy to the natural
effects of the offense; or if the crime
was committed in a manner that tends
to make its effects more humiliating to
the victim, that is, add to her moral
suffering. *
Only 1 is true
Only 2 is true
Both 1 and 2 are true
Both 1 and 2 are correct
A mere threatening or intimidating
attitude is considered unlawful
aggression. *
True
False
1. In attempted felony, the offender has
performed all the acts of execution
which should produce the felony as a
consequence. 2. In frustrated felony,
the reason for non-accomplishment of
the crime is some cause independent of
the will of the perpetrator. *
Only no. 1 is true
Only no. 2 is true
Both 1 and 2 are true
Both 1 and 2 are false.
A. Proposal is said to exist where two
or more persons come to an agreement
concerning the commission of a felony
and decide to commit it. B. There is
conspiracy when the person who has
decided to commit a felony proposes its
execution to some other person or
persons. *
Only A is true
Only B is true
A and B are true
A and B are false.
Motive is material in the following
instances, except: *
Where there is no doubt as to the identity of
the accused.
Where the evidence is circumstantial.
Where the acts of the accused partake of the
nature of variant of offenses
Where it forms an essential element of the
offense.
Are those to which the law attaches the
capital punishment or penalties which in
any of their periods are afflictive? *
Grave Felonies
Less grave felonies
Light felonies
Serious offenses
A. Social injury is produced by the
criminal act which is sought to be
repaired through the imposition of the
corresponding penalty. B. Personal
injury is caused to the victim of the
crime which injury is sought to be
compensated through indemnity which
is civil in nature. *
Requisite of an impossible crime: *
That the act performed would be an offense
against persons only
That the act was done without evil intent
That its accomplishment was inherently
impossible, or the means employed was
either inadequate or ineffectual
All of the above.
Reasonable necessity of the means
employed to prevent or repel the
aggression - requires a reasonable
proportionality between the unlawful
aggression and defensive response. *
True
False
__________ is a mental state or
condition prompting the doing of an
overt act without legal excuse or
justification from which another suffers
injury. *
Motive
Intent
Malice
Act
The impossibility of killing a person
already dead faills in this category: *
Legal impossibility
Physical impossibility
Factual impossibility
All of the above

Only A is true It is an actual physical assault or at

Only B is true
Both A and B are true least a threat to attack or inflict physical
Both A and B are false. injury upon a person. *

The crime of hazing is malum Unlawful aggression

Provocation
prohibitum. * Vindication
Threat
True
False

Whethere there was a “total deprivation
of freedom of the will.” *
Test of Cognition
Test of Volition
Rule of Lenity
None of the above
The elements of felonies in general,
except one: *
There must be an act or omission
There act or omission must be punishable
under the Special Penal Code.
The act is performed or the omission
incurred by means of deceit or fault.
All of the above.
The following are kinds of aggravating
circumstances, except: *
Generic or those that can generally apply to
all crimes
Specific or those that apply only to particular
crims
Qualifying or those that changes the nature
of the crime
Mitigating or those that must of necessity
accompany the commission of the crime
If the evidence is susceptible of two
interpretations, one consistent with the
innocence of the accused and the other
consistent with his guilt, the accused
must not be acquitted. *
True
False
No. 3 is false.
When in the commission of the crime,
advantage was taken by the offender of
his public position, the penalty to be
imposed shall be in its minimum
regardless of mitigating
circumstances. *
True
False
A person who commits a felony is liable
for the direct, natural and logical
consequences of his wrongful act even
where the resulting crime is more
serious than that intended. *
True
False
The accused intended to kill his victim,
as manifested by his use of a deadly
weapon in his assault, and his victim
sustained fatal or mortal wound/s but
did not die because of timely medical
assistance, the crime committed is
attempted murder or attempted
homicide. *
True
False

1. Principals are criminally liable for

light offense. 2. Accomplices are
criminally liable for light offenses. 3.
Accomplices are not criminally liable for
light offenses. *
1 and 2 are true
2 and 3 are true
1, 2 and 3 are true