You are on page 1of 18

1

Members:
Marjoy Cañete
Michael Garces
Alvin Batallones
Ereboy Arsenal
John Paul Alim
Joseph Carl Acuña
Cyrell Amar
Paulo Justin Oropilla
Rommel Ricaplaza
Jessa Mae Jugado

Submittedd to:
Atty. Ma. Tiffany Tabuada Cabigon

Copy Link :
CBRC REVIEW
Retrieved from:
Prof. RONIE SABINO RCRIM, MSCJ-CRIM

1
COMPILED QUESTION
DECEMBER 8, 9, AND 10, 2015-2018
CRIMINOLOGIST LICENSURE EXAMINATION

CRIMINAL LAW AND JURISPRUDENCE

1. How many years you would hide if you committed a crime where the imposable
penalty is correctional as provided under article 25 of the Revised Penal Code?

A. 15
B. 10
C. 5
D. 1
2. Crime maybe an act or omission punishable by law. Which of the following is a
crime of omission?
A. Treason
B. Misprision of treason
C. Espionage
D. NOTA
3. Mr. Gin a Chinese national stab Mr. Bilog a Mexican national while the pantranco
vessel is in manila bay. Is mr. Gin liable under our criminal law?
A. Yes, because we follow French rule
B. Yes, by reason of preferential application of criminal law under article 2 of
RPC
C. Yes, because the act is committed in the Philippine territory
D. No because we follow English Rule
4. Mr. Gin Bilog assault Mr. Empe Ligth.
A. Felony
B. Physical Injury
C. Slight Physical Injury
D. Homicide
5. Factum Probans: Evidentiary Facts, Factum Probandum :_____________
A. Burden of evidence
B. Burden of Proof
C. Ultimate Fact
D. Ultimate Evidence

2
6. If a case is probationaly dismiss where the imposable penalty is below 6 years,
how many year would pass in order that it would not revived ?
A. 1
B. 2
C. 3
D. 4
7. It is determined by reasoning, logic and experience?
A. Relevant
B. Conclusive
C. Competent
D. Material
8. Mr. Gin Bilog saw Ms. Oishi Yam naked and crying in front of Mr. Matador when
the former asked the latter what did he done to Ms. Oishi Yam, he ignore and
just walk away. The above scenario is a classic example of_____________
A. Res gastae
B. Admission
C. Res enter alias acta
D. Admission by silence
9. Mr. Gin Bilog was unlawfully arrested by PO2 Tanduay Rhum, can the former
question the legality of arrest if he posted bail and participated in all proceeding?
A. Yes, because posting bail is not a bar in questioning the legality of arrest
B. Yes, because it is not a bar to file a motion to quash
C. No, because it is a waiver of his right
D. No, it has no bearing to the case may be
10. In the degree of participation who perform a prior and concurrent act?
A. Accessory
B. Accomplice
C. Principal
D. Conspirator
11. Material crime has a stage of execution they are attempted, frustrated and
consummated. What phase of execution where the culprit had still control of his
act?
A. Subjective
B. Attempted
C. Objective
D. Frustrated
Situation-
Alden enter the house of yayadub.

3
12. Supposing Alden is a police officer and he enter the house of yayadub against
the latter will. What is the crime committed?
A. Trespassing
B. Trespass to dwelling
C. Violation of domicile
D. Unlawful entry
13. Supposing yayadub consented PO1 Alden, is the latter still liable?
A. Yes, Alden is liable for trespassing
B. Yes, Alden is liable for violation of domicile if he enters without implied
consent
C. Yes, Alden is liable for violation of domicile if he searched without consent of
yayadub
D. Yes, Alden is liable for trespass to dwelling
14. Supposing Alden is private individual. What crime committed?
A. Trespassing
B. Trespass to dwelling
C. Expulsion
D. Unlawful entry
15. Supposing yayadub is busy in watching La Luna Sangre, and by reason of this
situation she did not notice when PO1 Alden enter her house. What is the crime
committed by PO1 Alden if he refuse to leave while being commanded by
Yayadub ?
A. Violation of domicile
B. Trespass to dwelling
C. Expulsion
D. Unlawful entry
16. Is conspiracy and proposal to commit crime is punishable?
A. Yes
B. Yes, because it generally punishable
C. No, except provided by law
D. No, because it not provided by law
17. All except one are crimes against national security?
A. Rebellion
B. Espionage
C. Piracy
D. Mutiny

Situation- 18-21
Mr. Gin Bilog stab Mr. Matador to Death.
18. Supposing Mr. Gin Bilog is illegitimate father of Mr. Matador?
A. Parricide

4
B. Homicide
C. Murder
D. Infanticide
19. Supposing Matador is 72 hours old and he was killed by Gin Bilog who is the
former illegitimate grandfather. What is the crime committed by Gin Bilog?
A. Homicide
B. Murder
C. Infanticide
D. Parricide
20. Supposing Gin Bilog killed his Brother Matador because of heated argument.
What is the crime committed by Gin Bilog?
A. Homicide
B. Murder
C. Infanticide
D. Parricide
21. Supposing Matador killed his son Gin Bilog who is 2 days old. What is the crime
committed by Matador?
A. Homicide
B. Murder
C. Infanticide
D. Parricide
22. How many years you would hide if you committed homicide?
A. 5
B. 10
C. 15
D. 20
23. PO3 Tanduay is a religious member of PNP and sometimes he wrote some bible
verse in his tickler, at the hearing PO3 Tanduay is a witness of prosecution
and he was asked by the defense during cross examination. Is PO3 Tanduay allowed to
review his tickler?
A. NO
B. Yes, subject to examination of adverse party
C. No, it has no bearing to the case
D. Yes, it is relevant
24. Within how many hours should a police officer deliver an arrested person under
warrant
Of arrest if the crime committed is murder?

5
A. 12 B. 18 C. 36 D.
NOTA
25. Under art.11 of RPC Justifying circumstances, there is no criminal and civil
liability except?
A. Defense to relative B. Defense to stranger
C. State of necessity D. Performance of duty
26. In what cases a bail is a matter of discretion?
A. Before conviction in MTC
B. After conviction in MTC
C. Before conviction in RTC for a crime not punishable by Reclusion perpetua, Life
imprisonment or Death
D. Upon conviction in RTC for a crime not punishable by Reclusion perpetua, Life
imprisonment or Death
27. Which of the following defense admit a valid excused of criminal liability?
A. error in personae B. Aberatio Ictus
C. Mistake of fact D. Preater
Intentionem
28. Which of the following Mitigate a criminal liability?
A. error in personae B. Aberatio Ictus
C. Mistake of fact D. Preater
Intentionem
29. Under our criminal law is imprudence and negligence a crime itself?
A. Yes B. No C. True D. False
30. Can a woman be held liable under RA 9262(VAWC) ?
A. No B. Yes C. True D. False
31.In criminal case an offer of compromise maybe received as what?
A. Implied admission of guilt B. Express admission of guilt
C. Evidence D. Relevant
32. The following are the requisites for the issuance of a search warrant EXCEPT :

6
a. It must be issued upon probable cause
b. The probable cause must be determined personally by the judge
c. Particularly describing the place to be searched
d. Particularly describing the person to be seized.
33. What doctrine allows evidence obtained by the police officers in an illegal searched
and seizures to be used against the accused?
a. Exclusionary doctrine b. Miranda ruling
c. Fruit of poisonous tree d. Silver plater
34. What doctrine does not allowed evidence obtained by the police officers in an illegal
searched and seizures to be used against the accused?
a. Exclusionary doctrine b. Miranda ruling
c. Fruit of poisonous tree d. Silver plater
35. What do you call the record of the court where the proceedings of the court or the
judgment of the court is recorded in case the accused failed to appear for the
promulgation of judgment despite notice?
a. Log book b. Record book
c. Criminal docket book d. Folio of the case.
36. Requisite before recall of a witness.
a. Leading Question b. Misleading Question
c. Impeachment d. Leave of Court
37. when the evidence presented in court during trial by the state and the accused are
of equal weight, which will prevail?
A. it depends B. Accused
C. State D. None
38. in self-defense, from whom shall the unlawful aggression come from?
A. Defender B. Victim
C. None D. Other person
39. Generally our criminal law are applicable only within the Philippine territory.
However, there are instances wherein our penal laws maybe operative even in foreign
countries. It is what we call what ?

7
a. none b. extraterritoriality
c. universally d. internationally
40. one of the characteristic of our criminal law is prospective which simply means no
retroactive effect. Before its effectivity, it is not punishable. Does the argument accept
an exception?
a. yes b. it depends
c. no d. possible
41. in the study of criminal law, especially laws outside RPC, is good faith in committing
a crime against special law a defense?
a. yes b. no c. it depends d. maybe
42. the following are the requisite of valid exercise of criminal jurisdiction, except?
a. jurisdiction over the person
b. jurisdiction over the territory
c. jurisdiction over the subject matter
d. jurisdiction over the penalty
43. PO1 Rey Christian, arrested Mr. Cyrus M. Atador while the latter is attempting to
commit a crime. what should be present in order that the arrest made by PO1 Rey
Christian is valid?
a. internal act b. overt act
c. probable cause d. objective phase
44. it declare what act are punishable?
a. criminal law b. substantive
c. criminal procedure d. remedial
45. it declare how the act is to be punish?
a. criminal law b. substantive
c. criminal procedure d. remedial
46. It is a legislative enactment that inflicts punishment for a crime without judicial trial.
a. Ex post facto law b. Bill of attainder
c. Enrolled bill d. Expose facto law

8
47. It is incurred by any person who are, committing a felony although the wrongful act
done be different from what he intended to do.
a. Felonious act b. Offense
c. Criminal liability d. Civil liability
48. It may be defined as the forfeiture of the right of the government to execute the
final sentence after the lapse of a certain time fixed by law.
a. Impossible crime b. Prescription of penalty
c. Prescription of crime d. None of the above
49. 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. At any time before entering his plea
d. All of the foregoing
50. A person designated to assist destitute litigants.
a. Counsel b. Attorney at law
c. Attorney on record d. Counsel de officio
51. can you arrest a person without warrant?
a. true b. yes c. no d. false
52. Under this theory, man is considered as an essentially moral creature with an
absolute freewill to choose between good and evil, therefore, he should be judged or
held accountable for his wrongful acts for as his will is unimpaired.
a. Justice or Classical theory b. Positivist or Realistic theory
c. Territoriality d. None of the foregoing
53. A judgment become final after the lapse of the period for-
a. Presentation of evidence by the prosecution
b. Presentation of evidence by the defense counsel
c. Perfecting an appeal
d. All of the foregoing

9
54. Any lawyer or members of the bar shall, at the request of the person arrested or of
another acting in his behalf, have the right to visit and confer privately with such
person, in jail or any other place of custody at what?
a. Any hour of the working day only
b. Any hour of the day or, in urgent cases, of the night
c. Any hour of Saturdays and Sundays
d. Any hour of the designated visiting day only
55. All persons, having organs of sense, can perceive and perceiving, and can make
their perception to others, may be-
a. Witness b. Prosecutor
c. Defense counsel d. All of the foregoing
56. It is a doctrine usually applied where the police officers are not searching for
evidence against the accused but nonetheless inadvertently come across incriminating
objects.
a. Waiver or consented search b. Stop and frisk
c. In flagrante delicto d. Plain view
57. The following are the requisites of an information except-
a. It must be filed by the offended party
b. It must charge the person with an offense
c. It must be subscribed by the prosecutor
d. It must be in writing
58. What crime exists when a single act constitutes two or more grave or less grave
felonies or when the offense is necessary means for committing the other?
a. Complex crime b. Continuing crime
c. Compound crime d. All of the above
59. In what instances is a warrant of arrest is not necessary?
a. If the accused is already under detention
b. If the complaint or information was filed after the accused was lawfully arrested
without warrant
c. When the penalty is fine only

10
d. All of the Foregoing.
60. Alpha with intent to kill fired his revolver to Bravo and inflicted a fatal wound.
Alpha brought Bravo to the hospital and due to immediate medical assistance, Bravo
survived. What crime did Alpha committed?
a. Physical injuries b. Frustrated homicide
c. Frustrated murder d. No criminal liability
61. In what instances is a warrant of arrest is not necessary?
a. If the accused is already under detention
b. If the complaint or information was filed after the accused was lawfully arrested
without warrant
c. When the penalty is fine only
d. All of the Foregoing.
62. What is defined as the means sanctioned by the rules of ascertaining the judicial
proceeding the truth respecting a matter of fact.
a. Evidence b. Investigation
c. Procedure d. Trial
63. During the pending of his case, Mr. Rey died due to heart attack. His untimely death
resulted in what?
a. Postponement of the case b. Suspension of the case
c. Dismissal of the case d. None of the above
64. What if the offended party is a corporation, how do you indicate it in the complaint
or information?
a. Leave it blank b. State the name of the
corporation
c. Aver it in the charge sheet d. State the name of the owner of the
corporation
65. Refers to the family history or descendant transmitted from one generation to
another.
a. Pedigree b. Reputation
c. Privies d. None of the above

11
66. It is the loss or forfeiture of the right of the state to prosecute a crime because of
the lapse of time.
a. Prescription of penalty b. Prescription of Crime
c. Conditional pardon d. Good conduct allowance
67. It is defined as those which would have been crimes against persons or properties
were if not for the inherent impossibility of its accomplishment on account of the use of
inadequate or ineffectual means.
a. Proximate cause b. Impossible crimes
c. Formal crimes d. Material crimes
68-71 SITUATION---
Mr. Rey Christian, facilitate the escape of Mr. Cyrus M. Atador.
68. Supposing, Cyrus is a principal in a crime of rape and he was assisted by Rey
christian in escaping. Is Mr. Rey Christian liable?
a. yes, liable as an accessory b. yes, liable as accomplice
c. yes liable as principal d. NO.
69. In relation to question number 68. Supposing, Rey Christian is a police officer. What
is the liability of Mr. Rey?
a. accessory b. accomplice c. principal d. dereliction of duty
70. Supposing, Cyrus and Rey are brother, and the latter assisted the former to escape.
Is Mr. Rey Christian liable?
a. yes b. no c. true d. false
71. supposing, Mr. Cyrus is accomplice in the crime of murder and he was assisted by
his brother Christian to escape. What is the liability of Christian?
a. accessory b. accomplice c. principal d. None
72. the degree of proof required in criminal case to convict the accused is :
a. moral certainty b. preponderance of evidence
c. proof beyond reasonable doubt d. substantial evidence
73. It is a kind of aggravating circumstances that apply only to a certain crime?
a. generic b. specific c. inherent d. qualifying

12
74. what do you call the quantum of evidence which a reasonable mind might accept as
sufficient to justify a conclusion?
a. substantial b. proper c. appropriate d.
adequate
75. what do you call that aggravating circumstances which apply to all crimes?
a. generic b. special c. inherent d. qualifying
76. the following are mitigating circumstances, except?
a. obfuscation b. voluntary plea of guilt c. voluntary surrender d. state of
necessity
77. the following are exempting circumstances, except?
a. imbecility b. insuperable cause c. lawful cause d. fulfillment of duty
78. How many Book does our criminal law have?
a. 2 b. 3 c. 4
d. 5
79. the power to enact penal laws belongs to what?
a. executive b. judicial c. legislative d. police power
80. it is an inherent power of the state to define and punish a crime?
a. executive power b. judicial power c. legislative power d. police
power
81. there is complex crime when:
I. When a single act constitutes two or more grave or less grave felonies
II. When an offense is necessary means of committing the other
II. Compound crime because the single act of shooting resulted two or more grave
felonies
A. I and II B. II only C. I, II, III
D. III only
82. Artemio punched Ninio, when the latter lost his consciousness, R-jay stab him which
resulted to his instantaneous death. ARTEMIO is principal of Physical injury while R-JAY
is what?
A. Accomplice B. Principal

13
C. Accessory D. Principal in the
crime of homicide
83. Cyrus Mcleo proposed to Rey that they rob a certain store, to which Rey agreed,
later, however, Cyrus Mcleo undertook the robbery alone and made off with 90,000.00
cash. The following day, after making shallow explanation, Cyrus Mcleo apologized to
Rey and gave the latter 20,000.00 which Rey somewhat grudgingly accepted. What is
Rey liability? If any
A. Principal B. Accessory C. Accomplice D. Conspirator
84. City mayor Solomon was charge for violation of RA 9165. The ombudsman
conducted preliminary investigation, if probable cause exists and an information was
filed. What court have a valid jurisdiction?
A. Sandigan Bayan B. RTC
C. Supreme court D. C.A
85. Generally, bail is not allowed when the judgment of conviction becomes final and
executory.
thus the argument accepts an exception?
A. Yes B. No C. True
D. False
86. Artemio a Moro, with five wives who are all living with him, kills by means of poison
his second wife married by him is liable for?
A. Parricide B. Homicide C. Murder D. No criminal
liability
87. The following are crimes classified as physical injury EXCEPT?
A. Abortion B. Mutilation C. Serious Physical Injury D. Maltraetment
88. All except one are not Person in Authority?
A. Chief PNP B. Mayor C. Governor D. Police Officer 1
89. Rey hates Cyrus because of his attitude, one day Cyrus left his house not knowing
that Rey has following his daily routine. Taking advantage of the situation Rey burned
the house of Cyrus thereby sows and creates fear and panic among the populace, Rey
coerce the government that he would continue his act if Cyrus will return. What is the
crime committed by Rey?
A. Arson B. Qualified Arson C. Terrorism D.
Malicious Mischief

14
90. in the crime of adultery, the offender is the married what?
A. Man B. Lover C. Paramour D.
Woman
91. Can an adopted child be held liable for parricide if he would kill his adopted
parents?
A. Yes, if the victim is the biological parents B. No, because only blood relation
C. Yes, because he killed his parents D. No, because there is no blood
relationship
92. Zuseth and Jazle are best friends. To seal their mutual they “come to agreement
what may” they will help each other until death they sealed their covenant with their
blood. Frustrated because his sweetheart left him, Zuseth asked Jazle to push him
immediately before the train passes near their house and as a result, Zuseth died.
However, before Zuseth died, she thanked her bestfriend Jazle for job well done. What
is the crime committed by Jazle?
A. Assisted in killing B. Giving assistance to a person
committing a suicide
C. Death under tumultuous affray D. No crime at all
93. Insurrection as one of the crime against public order, the principal movement is not
to overthrow the government but to affect what kind of changes in the government?
A. Minor B. Specific C. General D. Major
Situation number 94-95
Mike Bahatan, a taxi driver, had an indebtedness in the sum of 100,000 Pesos which
would become due in two weeks. He was starting to worry because he still had not
raised the amount to pay for his debt. Every day, he had prayed for devine
intervention. One night, while returning the taxi to the garage, he found a wallet on the
back seat. Inspecting it, he learned that it contained exactly 100,000 Pesos cash.
Thinking it was a devine intervention, and that his prayer was answered, he took the
money and used it to pay his debt.
94. what crime, if any, did Mike commit?
A. Theft B. Estafa C. Malversation D.
Robbery
95. supposing, instead of using the money, Mike turned over the wallet and its contents
to the nearby police station, and it was the chief of police of that station who

15
appropriated the money for his own benefit, What crime was committed by the chief of
police?
A. Theft B. Estafa C. Malversation D.
Robbery
96. Is there an impossible crime of adultery?
A. Yes B. Maybe C. No D. It
depends
Situation number 97-98
Richard after heated argument over his philandering wife, Richard punched on the face
his wife Lalaine, who was six months pregnant. Because of impact, lalaine lost her
balance, fell on the floor with her head hitting a hard object. Lalaine died and the child
was expelled prematurely. After 36 hours, the child died.
97. What crimes did Richard commit?
A. parricide and infanticide B. Homicide with Abortion
C. parricide with infanticide D. Parricide with un intentional
abortion
98. What if Lalaine survived but the fetus died inside the womb of Lalaine. What is the
crime committed?
A. Abortion B. Infanticide
C. Unintentional Abortion D. Reckless imprudence resulting in
Homicide
Situation number 99-100
Mr. Cyrus is angry with Mr. Rey. One day, when Mr. Rey left for town, Mr. Cyrus went
to his nipa hut and deliberately damaged and remove the sawali sidings of Mr. Rey
house. Contented with the damage and he was about to leave the scene when he
decided that he could use the sidings of Mr. Rey house to repair his house so, he took it
home.
99. Mr. Cyrus is liable for what?
A. Malicious mischief B. Destruction of
property
C. Theft D. Robbery
100. one of the following statement is true. Mr. Cyrus is _______________?

16
A. Liable for Malicious mischief B. Not liable of any crime
C. Liable for Theft D. Liable for robbery

17

You might also like