CLJ Red Tips

ARC's RED TIPS 2021
CRIMINAL JURISPRUDENCE, PROCEDURE AND

EVIDENCE
(EXCLUSIVE for ARC Reviewees)
MAY SUMPA!
1. Preparatory act/s in the development of crime is punishable when the preparatory acts/s__________.
A. are overt act/s of the offender in the consummated stage
B. are overt acts in attempted stage of a specific offense
C. is being clearly committed already by the offender
D. indicate the potential in accomplishing the act
2. Which of these courts will have jurisdiction over a Japanese crew who murdered a Filipino crew member on
board a sea vessel registered under American law while that vessel is anchored within Manila BAY?
A. Japanese court because the offenders are Japanese.
B. Manila court because we follow the English rule
C. American court because we follow the French rule.
D. International Criminal Court
E. All of these
Applicable sa Foreign Merchant Vessel (in the question American Merchant Vessel nasa Manila Bay at may krimen
na naganap)
English Rule – GR: automatic Territorial kung saan nangyari ang krimen, sa case na ito yung batas ng Pilipinas
ang iapply mo kasi nasa Manila Bay
Exception: Kung ang krimen ay nakaapekto lamang sa panloob na pamamahalala ng barko, American Law iapply
mo
French Rule: GR: Flag Country – kung saan registered ang barko (sa tanong America) = American Law ang gamitin
mo kapag yung bansa kung nasaan ang barko ay French Rule ang sinusunod
Exception: Kung nakaapekto sa kapayapaan at seguridad noong bansa kung saan nakadaong ang American vessel
na iyan, saka mo iapply ang Territorial
3. The killing of a spouse or a daughter who is minor by the other spouse under the circumstances as provided
under art. 247 is____________.
A. murder
B. homicide
C. infanticide
D. parricide
*Parricide – Father killed Child/Mother Killed Child or kahit anak pa ang pumatay(kasal man o hindi si Father
at Mother; Huwag ka na magSIKANDTOT; Matic Parricide)
(note basta hindi less than 3 days o less than 72 hours ung anak kasi papasok sa INFANTICIDE pag less
than)
*Lolo-Apo/Lola-Apo ang nagpatayan – magSIKANDTOT ka muna bago sumagot. Tingnan mo kung kasal ba ang
father at mother ni Apo, kung kasal ok sa Parricide, kung hindi cancel si Parricide (Murder kung may qualifying
circumstance check mo Art. 248 RPC; homicide naman kung wala)
(note basta hindi less than 3 days o less than 72 hours ung apo kasi papasok sa INFANTICIDE pag less than)
*Nanay-Tatay, magSIKANDTOT ka muna; kung kasal sila ok sa Parricide; kung hindi Murder kung may qualifying
circumstance check mo Art. 248 RPC; homicide naman kung wala)
*Muslim- Tatay pinatay si Number 1 Wife – matic Parricide; patayan ng number 2, 3, 4 ang involved Murder
kung may qualifying circumstance check mo Art. 248 RPC; homicide naman kung wala)
*Ampon at Nag-ampon-CANCEL ang Parricide - Murder kung may qualifying circumstance check mo Art. 248
RPC; homicide naman kung wala)
Amici Review Center Page 1

Formula: Killing Plus Intent to kill Plus Qualifying Circumstance = Murder
Killing Plus Intent to kill Plus No Qualifying Circumstance = Homicide
Legitimated Child- tulad din siya ng legitimated child.
Pero kelangan ipinagbuntis AT ipinanganak siya habang hindi pa kasal sina nanay at tatay AT dapat walang sabit sina
nanay o tatay, hindi dapat sila kasal sa iba o kaya naman kaya hindi sila maikasal dahil less than 18 pa sila, Then
eventually, nagpakasal na din sila. Noong hindi pa kasal ang magulang illegitimate child siya, pero after ng kasal
LEGITIMATED na siya. Kung may sabit ang parents noong nasa tiyan na siya, cancel na ang legitimated, illegitimate
child siya forever (NOTE: PERO WALANG FOREVER, WAG KANG HIBANG)
Death inflicted under exceptional circumstance- yung pagpatay Parricide (under exceptional circumstance)
Serious Physical Injuries inflicted under exceptional circumstances (tinatawag ang mga ito na extraordinary mitigating
circumstance)
1. Naabutan ni husband na nakikipagtalik si wife sa ibang lalaki
2. Naabutan ng magulang si daughter na less than 18 years old na nakikipagpompom sa bf; hindi pa dapat
kasal si girl at dapat palamunin pa siya sa bahay ng parents (kasama sa bahay).
DESTIERRO ang ipapataw (palalayuin 25 to 250 km radius) – 6 months and 1 day to 6 years – kapag nilabag mo ung
sentence – Kaso: Evasion of Service of Sentence – Pwede ifile kahit saan sa mga lugar kung saan ka itinapon o saan
ka ipinagbabawal na pumasok
Kung LESS SERIOUS OR SLIGHT PHYSICAL INJURIES lang – walang Destierro – exempt- absolutory cause
Infanticide – less than 3 days – mother – kung ang reason ay concealment of dishonor – EXTENUATING
CIRCUMSTANCE (katumbas ng mitigating)
4. A is the owner of a tupada in their town. A approached the Chief of Police who is a kumpare and asked the
Chief not to raid his tupada. The Chief complied by not raiding it. What crime was committed by the Chief?
a. Direct bribery
b. Indirect bribery
c. Graft and corruption
d. Negligence and tolerance in the prosecution of offenses/prevaricacion – Bukod sa :lespu; Fiscal din kahit may
probable cause in bad faith dinismiss niya ang kaso
DIRECT BRIBERY INDIRECT BRIBERY QUALIFIED BRIBERY CORRUPTION OF
PUBLIC OFFICIAL
May suhol May regalo Kapareho lang ng Direct Ito yung kaso nung
May kapalit ang suhol Walang kapalit ang suhol Bribery mapagbigay sa Public
Kung may case involved Binigyan ng something by Magkakatalo lang kung Officer
kaya nanunuhol, wag reason of office lamang may case involved at ang
lalampas sa RT and Kaso ito ng Public Officer kaso ay may parusa na RP
parusa to Death
Kaso ito ni Public Officer HUWAG AMOUNT NG
SUHOL ANG TINGNAN
MO; HUWAG MUKHANG
PERA) ang tingnan mo RP
to Death ba yung parusa
sa involved na kaso kaya
nanunuhol
Kaso ito ng Public Officer
PD NO. 46 – Batas na nagbabawal magbigay ng gifts sa PUBLIC OFFICIALS AND EMPLOYEES INCLUDING CHRISTMAS
PD NO. 749 – NANUHOL may kaso dapat siya CORRUPTION OF PUBLIC OFFICIAL; Pero kung isisiwalat niya kung sino
ung mga tumanggap ng suhol may IMMUNITY siya sa batas na ito
5. When should the opposing party object on the offer of object or documentary evidence?
A. at the time the object and documentary exhibits are formally offered.
B. at any time when the court orders to offer the object or documentary exhibit
C. at the time the object and documentary exhibits are identified and marked by the witness.
D. at the time the defense witness is called to testify.
Kapag nag-ooffer ng evidence; naka specified ang purpose bakit mo siya inooffer
WHEN TO MAKE AN OFFER OF EVIDENCE? Kapag testimonial bago mo siya PAUPUIN sa witness STAND. (AT THE
TIME THE WITNESS IS CALLED TO TESTIFY)
OBJECT AND DOCUMENTARY EVIDENCE – AFTER THE PRESENTATION OF TESTIMONIAL EVIDENCE pwedeng ORALLY
o in WRITING

WHEN TO OBJECT? Kung ang offer ay Oral, object ka agad sa ebidensya niya cite mo yung reasons bakit hindi naman
tanggapin ung evidence ng kalaban (OFFER – ORALLY - - IMMEDIATELY OBJEC)
Kung ang OFFER ay in WRITING, pwede ka magsubmit ng objection, 3 DAYS AFTER NOTICE
6. The crime committed is a victimless crime. Upon service of the

warrant of arrest to the accused, the latter requested that you defer the service of the same, after all the crime
committed without a complainant and he giving you something in return. How would you best deal the situation?
A. I will enforce the warrant but accommodate the request as it is just between me and the offender.
B. I will enforce the warrant but accommodate the request for the first time.
C. I will enforce the warrant regardless of the fact that the crime is victimless.
D. I will not enforce the warrant since there is a victim, this case will only help in clogging the court dockets.
WARRANT OF ARREST
Pwede iserve – ANYTIME OF THE DAY OR NIGHT
DOES NOT EXPIRE – maliban kung QUASHED, LIFTED, SERVED
Yung LAW ENFORCERS, may 10 DAYS para arestuhin ang accused. ANOTHER 10 DAYS magsubmit ng manifestation
or RETURN sa court stating ang reason bakit di naaresto. Ang gagawin ng Court itatago sa baul ang case records
(ARCHIVED) kasi wala siya jurisdiction over the person of the accused kasi kelangan 1. Naaresto or 2. Nagvoluntary
surrender.Then mag issue si Court ng ALIAS WARRANT
BENCH WARRANT – after mo magpiyansa hindi ka na nagpakita, forfeited na ang bail mo or summons pinadala sau
pero No show ka din, Mag issue ang Court nito
SEARCH WARRANT – 10 DAYS VALIDITY – FROM ITS DATE - 11TH day wala na bisa
WHEN iserve? – GR – DAY TIME – EXECPTION – GABI –
EXECUTIVE JUDGES RTC MANILA at RTC QC – AUTHORIZED TO ISSUE SW – ENFORCEABLE NATIONWIDE

Ex. PAROJINOG CASE – OZAMIS – EJ RTC QC -pero wala na sila power ngayon na tulad nian dahil sa
RULES ON THE USE OF BODY CAMERAS IN THE EXECUTION OF WARRANTS
A.M. NO. 21-06-08-SC
MINIMUM STANDARD REQUIREMENT
VIDEO RESOLUTION – 720p or higher
Frame rate – 30 frames per second
Battery Life – 8 hours
Storage – storing 8 hours continuous audio-video footage
Bawal na enforceable nationwide; pwede lang within the JUDICIAL REGION ex.EJ RTC QC pwede enforce sa NCR
(PASAY- PARANAQUE -MAKATI etc.)
6. Which of the following processes in court proceeding is the presence of the accused indispensable?
A. during the presentation of the evidence for the defense.
B. during the arraignment. – INFORM OF THE NATURE AND CAUSE OF ACCUSATION AGAINST HIM –
HORNBOOK DOCTRINE
C. during the examination of the witnesses.
D. during the presentation of the evidence for the prosecution.
Kelan pa required? IDENTIFICATION PURPOSES; PROMULGATION OF JUDGMENT sa GRAVE AND LESS GRAVE
FELONIES. Kapag no show ka wala ka na POST JUDGMENT REMEDIES na MOTION FOR RECONSIDERATION – NEW
TRIAL – APPEAL. EXCEPTION – NAGPAKITA ka before matapos yung 15 days, najustify mo sa Court ang absence mo
tulad ni Imelda Marcos noong 2018, may 15 days ka ulit para mag avail ng Post-Judgment Remedies
7.A killed B with treachery. The fiscal forgot to allege treachery in the information THE QUALIFYING CIRCUMSTANCE
OF TREACHERY. A was found guilty of killing B and treachery was also proven during trial. Which of the following
statements is correct?
a. A is guilty of murder even if treachery was not alleged in the information.
b. A is guilty of homicide only because treachery was not alleged in the information.
c. A is guilty of homicide only and treachery will be considered as generic aggravating circumstance only.
d. A is guilty of homicide only because treachery was not alleged in the information and in addition, treachery
cannot even be considered as a generic aggravating circumstance.
Yung AGGRAVATING AND QUALIFYING CIRCUMSTANCES kailangan maiALLEGE sa NFORMATION kasi kung
nakaligtaan ilagay tapos napatunayan sa trial USELESS na din hindi na pwede maincrease ang penalty. Pero sa CIVIL
– DAMAGES – PWEDE naman magamit sa ipapataw na danyos kahit di na allege sa Information
8. This is one of the grounds on the motion to quash and anchored on the question of authority of the court to hear
and decide the case. What is this ground?
A. lack of preliminary investigation
B. lack of
C. lack of jurisdiction
D. improper venue
MOTION TO QUASH – CRIMINAL CASES – MOTION TO DISMISS – CIVIL CASES

WHEN ka magfile? – GR: BEFORE ARRAIGNMENT otherwise WAIVED na
OMNIBUS MOTION RULE sa MOTION TO QUASH – ALL GROUNDS dapat mailagay mo na- ang makaligtaan mo
WAIVED na
EXCEPTIONS: MGA SAKALAM NA HINDI NAWIWAIVE. Pwede pa magamit sa Motion to Quash kahit tapos na ang
arraignment
1. THE COMPLAINT OR INFORMATION DOES NOT CHARGE AN OFFENSE – (LACKING ELEMENTS ng Krimen)
2. THE COURT HAS NO JURISDICTION OVER THE OFFENSE CHARGED – RT naka file kahit 6 years lang ang
parusa dapat sa – MTC
3. THE OFFENSE OR ITS PENALTY IS EXTINGUISHED (Prescribed na yung crime at penalty)
4. THERE IS DOUBLE JEOPARDY (acquitted na dati nag apela pa ang prosecution or nagsampa ulit ng same
case or convicted na sinampahan pa ulit ng same case)
Kapag ang MOTION TO QUASH ay GRANTED ng Court, dismissed ang kaso. Pero ang prosecution pwede niya ulit
irefile ang kaso. Exceptions
SAKALAM NA SAKALAM; bawal na magrefile kapag ito ang grounds:
1. THE OFFENSE OR ITS PENALTY IS EXTINGUISHED
2. DOUBLE JEOPARDY (SUPER SAKALAM ang 2 na to)
9. A police officer arrested the person without a warrant, what should he immediately do next?
A. to turn over the person to the nearest jail for detention.
B. to file the complaint before the prosecutor’s office.
C. to bring the person to the nearest police station for processing and lock-up.
D. to bring the person to the fiscal office for preliminary investigation
10. X was arrested in flagrante delicto. An inquest proceeding was conducted. The rules provide that he may ask for a
preliminary investigation before the information is filed, provided_____.
a. he must sign a waiver of his right to remain silent
b. he must sign a waiver of his right against self Incrimination
c. he must sign a waiver of instituting a case of delay in delivery of detained person to proper judicial authority under
Article 125 of the RPC
d. he must sign a waiver of instituting a case of delay in delivery of detained person to proper judicial
authority under Article 125 of the RPC assisted by a lawyer
e. must waive his right to bail in the presence of a lawyer
Mga pwede mangyari sa INQUEST (Flagrante Delicto and Hot Pursuit) Warrantless Arrest
1.Release si accused 2.DISMISSED 3.may PROBABLE CAUSE Kung ayaw mo muna
muna for further NO PROBABLE CAUSE FILE ng INFORMATION maisampa sa Court ang
Investigation then Release si accused sa Court within 12 hours INFO, magrequest ka ng
magkakaconduct ng – light penalty P.I. sa Fiscal at iWAIVE
18 hours – correctional mo ang ART. 125, RPC
PRELIMINARY penalty assisted ka ng abogado
INVESTATION – ONGPIN 36 hours -afflictive or mo.
CASE sa La Union capital penalties Kaya ka mag waive kasi
lalampas ka ng 36 hours
Kung naifile na sa sa kulungan para di
Court pero gusto mo makasuhan sina Fiscal.
ng P.I, may 5 araw ka
mula ng malaman mo
na may naifile na
information s aiyo,
magrequest ka sa
Court ng P.I.
Tapos iseset yan for
hearing, kung granted
ibabalik sa Fiscal mag
P.I. muna si Fiscal.
Sasabihin ni Quiboloy
sa Court Stop muna!
11. Alex married Bea. Thereafter, Alex married Celsa, but this marriage took place because Celsa forced Alex to marry
her at gunpoint. Alex sued Celsa in a civil case for declaration of annulment of marriage. Suppose Bea sues Alex

for bigamy, what will cause the temporary suspension of this criminal case filed by Bea against Alex?
a. Insanity of the accused
b. Petition for review
c. The prejudicial question involved here
d. All of these
PREJUDICIAL QUESTION
2 CASES ang involved
1. CIVIL CASE yung DECISION dito – MAKAKAAPEKTO SA CRIMINAL CASE kung yung criminal case ay
magtutuloy pa o madidismiss na
2. CRIMINAL CASE
Nagfile si Alex ng PETITION FOR ANNULMENT kasi under ART. 45. ng FAMILY CODE kapag pinilit ka magpakasal
walang CALID CONSENT (THREAT – FORCE -VIOLENCE – INTIMIDATION)
Kung yung CIVIL CASE na annulment ay granted ng RTC. In effect, isa na lang ang kasal ni Alex
So hindi na 2 ang kasal, madidismiss na ang Bigamy case kaya pag ganyan na may prejudicial question, tawagain mo
si Quiboloy at ipaSTOP mom una ang criminal case
Saan mo ipapastop? Kung nasa Fiscal pa ang criminal case, eh di sa Fiscal. Kung nasa Court na eh di sa Court pwede
mo ipa stop/suspend and arraignment.
12. The act of having carnal knowledge without the consent of the woman is ______.
A. abduction
B. sexual assault
C. rape
D. seduction
2 CLASSIFICATIONS OF RAPE
1. RAPE BY SEXUAL INTERCOURSE – NON – BAILABLE – RP
CARNAL KNOWLEDGE nacocommit ng MAN sa WOMAN
KASAMA ang MARITAL RAPE
2. RAPE BY SEXUAL ASSAULT – RA 8353 – BAILABLE – RT
Pag PENIS – OTHER PERSON’s MOUTH – ANAL ORIFICE
ANY OBJECT – GENITALIA – ANAL ORIFICE – PENTEL PEN pwede kasi any instrument–
UNDER 12 – RAPE – CANNOT GIVE A VALID CONSENT
STATUTORY RAPE – 7 TO UNDER 12
UNDER 7 – QUALIFIED RAPE
- OFFENDER may HIV – AIDS
- Commit ng PNP – AFP – LEA – PENAL INSTITUTIONS – QR
- Ang biktima ay may MENTAL DISABILITY – PHYSICAL HANDICAP – EMOTIONAL DISORDER – QR
- Ang VICTIM ay UNDER 18 – OFFENDER PARENT, ASCENDANT, STEP PARENT, GUARDIAN , RELATIVE
WITHIN THE 3RD DEGREE, COMMON LAW SPOUSE OF THE PARENT OF THE VICTIM – QR
- Kung nirirape ung biktima sa harap ng PARENT – CHILDREN – relative within 3RD CIVIL DEGREE - QR
- Ang biktima ay engage sa LEGITIMATE RELIGIOUS VOCATION – MADRE
RA 8505 – RAPE VICTIM ASSISTANCE AND PROTECTION ACT OF 1998
RAPE SHIELD – IN A PROSECUTION for RAPE, yung EVIDENCE mo pinatutunayan mo yung PAST SEXUAL CONDUCT,
REPUTATION, OPINION mo sa biktima like POKPOK siya – not valid defense
Pardon – Offender (principal) at biktima NAGPAPAKASAL – EXTINGUISH CRIMINAL LIABILITY
Hindi extinguish sa accomplice at accessory
Kung multiple rape, Halimbawa madami nangrape, extinguish lang sa 1 na pinakasalan. Yung iba liable.
SWEETHEART DEFENSE – LOVERS’ DEFENSE -hindi valid na defense
*SEDUCTION – ENTICED WOMAN TO UNLAWFUL SEXUAL INTERCOURSE – PROMISE OF MARRIAGE

*QUALIFIED SEDUCTION – may ABUSE OF AUTHORITY – CONFIDENCE – RELATIONSHIP
OFFENDERS – ANY PERSON IN PUBLIC AUTHORITY, PRIEST, HOME SERVANT, DOMESTIC GUARDIAN, TEACHER,
ENTRUST EDUCATION – BIKTIMA ay OVER 12 BUT UNDER 18
Or offender ay BROTHER o ASCENDANT – WHETHER OR NOT WOMAN IS VIRGIN – kahit ang biktima ay OVER 18
YEARS OLD
VIRGIN – UNMARRIED – presumed of GOOD REPUTATION
*SIMPLE SEDUCTION – SEDUCE – SINGLE – WIDOW – GOOD REPUTATION – OVER 12 BUT UNDER 18 – may DECEIT
BOTH QS AND SS ay may SEXUAL INTERCOURSE
*ABDUCTION – TAKING AWAY OF A WOMAN FOR THE PURPOSE OF MARRYING OR CORRUPTING FORCIBLE
ABDUCTION – ABDUCT – WOMAN – AGAINST HER WILL- WITH LEWD DESIGN – LIBOG – KALIBUGAN
CONTUING CRIME – TRANSITORY OFFENSE ang abduction

VICTIM – UNDER 12 – FORCIBLE ABDUCTION kahit sumama ng kusa ang bata
ABDUCTION – SEXUAL INTERCOURSE IS NOT NECESSARY
VIRGINITY OF THE OFFENDED WOMAN – NOT ESSENTIAL ELEMENT OF THE CRIME
*CONSENTED ABDUCTION – OFFENDED PARTY – VIRGIN – ESSENTIAL ELEMENT - OVER 12 UNDER 18 - WITH
CONSENT- LEWD DESIGN
13. A promised to give P5,000.00 to B, a court stenographer, if the latter would alter his stenographic notes. The
stenographer, without making any alteration to his stenographic notes just yet, accepted the promise of P5,000.00.
What crime was committed by the stenographer?
a. Direct bribery
b. Indirect bribery
c. Corruption of public officials
d. No crime because he accepted only the promise but not the actual
P5,000.00
14. A deprived B of his liberty, A is a private individual. C is a government employee. The investigation revealed that
the deprivation of liberty is without legal ground and the purpose of A is to bring B to proper authorities. What is the
crime committed by A?
A. violation of domicile
B. unlawful arrest
C. illegal arrest
D. arbitrary detention
ARBITRARY DETENTION –
PUBLIC OFFICER – EMPLOYEE; kelangan may AUTHORITY TO ARREST AND DETAIN kung wala hindi liable sa arbitrary
detention instead Illegal Detention
Kung private person may conspiracy sa pulis, both liable sa Arbitrary Detention
Detention ay WITHOUT LEGAL GROUND
*VIOLATION OF DOMICILE – PUBLIC OFFICER OR EMPLOYEE

1. ENTER ANY DWELLING AGAINST THE WILL OF THE OWNER
2. SEARCH PAPERS AND EFFECTS
3 REFUSES TO LEAVE
1. ENTRANCE BY THE PUBLIC OFFICER OR EMPLOYEE – AGAINST THE WILL OF THE OWNER
Kailangan may EXPRESS OR IMPLIED PROHIBITION. Kung WITHOUT CONSENT LAMANG – NOT
LIABLE ( Luis B. Reyes book)
QUALIFYING CIRCUMSTANCES; NIGHTTIME; KUMPISKA – NOT EVIDENCE OF A CRIME – DID NOT RETURN
DUPLICITIOUS INFORMATION; 1 CHARGE – 1 INFORMATION; 2 CHARGES 2 INFORMATIONS- kapag 2 charges nasa

iisang Information – DUPLICITOUS, file ka ng Motion to Quash before arraignment
15. Which of these is parricide?

a. Killing an adopted son or adopted daughter
b. Killing a brother-in-law or sister-in-law or father- or mother-in-law
c. Killing a cousin
d. Killing a brother or sister
e. killing an illegitimate parent
16. A Muslim guy who legally married four wives was found to have killed his second wife. What crime was committed?
a. Parricide
b. Murder
c. Homicide
d. Infanticide
17. The amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion
is___________.
A. preponderance of evidence – civil cases
B. substantial evidence – administrative and quasi – judicial bodies -
C. proof of beyond reasonable doubt - criminal cases
D. relevant evidence

18. After the decision was rendered by the court disposing of the case, which of the following remedies allows the
presentation of new evidence?
A. motion for reconsideration - 15 days
B. motion for new trial -15 days
C. notice of appeal - 15 days
D. petition for review – pwede sa DOJ after P.I. – or sa Supreme Court appeal pag talo sa CA
Post judgement remedies – new trial, reconsideration – appeal

New Trial:
1. errors of law or irregularities – incompetent -neglect – rights of the accused were violated
2. new and material evidence – newly discovered evidence
MR:
1. error of law – mistake in the interpretation or application of law
2. error of fact – mistake in the appreciation of facts - contrary to evidence
in both same court pinafile
Appeal – higher court
19. Which of the following facts needs evidence?

A. acts of legislature
B. laws of nature
C. crime committed
D. territory of the Philippines
*MANDATORY JUDICIAL NOTICE – hindi mo na kelangan patunayan. Presumed na batid nay an ng Korte
EXISTENSE AND TERRITORIAL EXTENT OF STATES
POLITICAL HISTORY
FORMS OF GOVERNMENTT, SYMBOLS OF NATIONALITY
LAW OF NATIONS
ADMIRALTY AND MARITIME COURTS OF THE WORLD AND THEIR SEALS
POLITICAL CONSTITURTION AND HISTORY OF THE PHILIPPINES
OFFICIAL ACTS OF LEGISLATIVE, EXECUTIVE AND JUDICIAL DEPARTMENTS OF THE NATIONAL GOVERNMENT OF
THE PHILIPPINES
LAWS OF NATURE
MEASURE OF TIME GEOGRAPHICAL DIVISIONS
DISCRETIONARY JUDICIAL NOTICE

Knowledge nay an sa Court. Pero If need pa additional proof DEPENDE SA COURT
- 1. MATTERS WHICH ARE OF PUBLIC KNOWLEDGE – PGH nasa Taft Ave.
- 2. CAPABLE OF UNQUESTIONABLE DEMONSTRATION – LASON – NAKAMAMATAY
- 3. OUGHT TO BE KNOWN TO JUDGES BECAUSE OF THEIR JUDICIAL FUNCTIONS -
20. The following are the elements of dying declaration, except the ______
A. a declaration is in connection with a startling occurrences or equivocal actions
B. the declarant is competent to testify.
C. declaration pertains to facts or circumstances surrounding the declarant’s death
D. declarant must eventually die
HEARSAY – DYING DECLARATION – EXCEPTION

2 REASONS bakit ADMISSIBLE
1. NECESSITY – IMPOSSIBLE maka testify si accused – dead na
2. TRUSTWORTHINESS – nagsasabi na daw ng totoo ang taong mamamatay na
21. A father caught her married daughter (who is already 18 years old) having sex with a man who is not her husband.
The father immediately killed the daughter due to outrage. What crime was committed by the father if there is any? a.
No crime
b. Death inflicted under exceptional circumstances
c. Parricide
d. Murder
22. The arraignment and pre-trial has been terminated. When is the time for the defense to present its witness?
A. as may be ordered by the court
B. after the prosecution has offered its exhibits.
C. after the prosecution had rested its case.

D. as may be agreed during pre-trial.
Insert ko lang baka makaligtaan:

WRIT OF AMPARO – REMEDY ng ANY PERSON WHOSE RIGHT TO LIFE, LIBERTY AND SECURITY IS VIOLATED OR
THREATENED – PNP – AFP – PRIVATE entity –
WRIT OF HABEAS DATA – RIGHT TO PRIVACY IN LIFE, LIBERTY OR SECURITY – PNP – LAW ENFORCERS engage sa
DATA GATHERING, COLLECT, STORE DATA
WRIT OF HABEAS CORPUS – WRIT TO PRODUCE THE BODY
WRIT OF KALIKASAN – Remedy - Kapag nabababoy ang kalikasan
23. The form of evidence that is consisting of letters, symbols, numbers, or any inscription is__________ evidence.
A. newsletter
B. newspaper
C. books
D. documentary – DOCUMENTS – RECORDINGS, PHOTOGRAPHS, SOUNDS,
PHOTOGRAPHS - - STILL PICTURES, DRAWINGS, STORED IMAGES, X-RAY FILMS, MOTION PICTURES
OR VIDEOS
CCTV FOOTAGES – DOCUMENTS – HUWAG KALIMUTAN BAGO TO ADDITIONAL SA DEFINITION NG
DOCUMENTS SA REVISED RULES ON EVIDENCE. CCTV FOOTAGES KASAMA AS DOCUMENTARY EVIDENCE
24. The crime committed is punishable with a penalty of one year and below. How would you best deal with the
situation?
A. I will handle the forced mediation and conciliation between the parties.
B. Arrest the offender without a warrant since there is a complainant.
C. Suggest that the parties bring the issue before the barangay for conciliation proceedings.
D. None of the above
PD 1508 – ORIGINAL KATARUNGANG PAMBARANGAY LAW pero nasa RA 7160 na – LOCAL GOVERNMENT CODE –
S.P. AQUILINO PIMENTEL – Father of LGC and Katarungang Pambarangay law
LUPON’s Jurisdiction: 1 YEAR AND BELOW – FINE : 5k AND BELOW
Kapag nagfile ka sa Barfangay, SUSPENDED and PRESCRIPTIVE PERIOD sa lopb ng 60 DAYS
WHEN CAN A PARTY GO AT ONCE IN COURT? Kelan di ka na dadaan sa barangay kahit 1 year or less ang parusa??
Kapag may mga ganitong sitwasyon
1. ACCUSED IS UNDER DETENTION
2. Ang tao ay DEPRIVED LIBERTY – HABEAS CORPUS PROCEEDINGS
3. May kasamang PROVISIONAL REMEDIES – PRELIMINARY INJUNCTION, ATTACHMENT, DELIVERY OF
PERSONAL PROPERTY – REPLEVIN, SUPPORT PENDENTE LITE
4. ACTION MAY BE BARRED BY STATUTE OF LIMITATIONS – magpiprescribe
25. Maria was accused of falsification. While Maria was on the witness stand, the prosecution asked her to write her
name and to sign on a piece of paper, in order to prove that she authored the libelous material. Maria objected, as
writing and signing her name would violate her right against self- incrimination. Can Maria legally refuse to write her
name/give sample specimens of her handwriting?
a. No, she can be cross examined just like any other witness and her sample signature may be taken to verify
her alleged authorship of the libelous statements.
b. No, her right against self-incrimination is waived as soon as she became a witness. This privilege may be
invoked only by an ordinary witness and not by the accused when she opts to take the witness stand.
c. Yes, writing is something more than moving the body, or the hands, or the fingers; writing is not
a purely mechanical act, because it requires the application of intelligence and attention; and in this case
writing means Maria will furnish a means to determine whether or not she is the falsifier.
RIGHT AGAINST SELF-INCRIMINATION – NO PERSON CAN BE COMPELLED TO BE A WITNESS AGAINST HIMSELF
26. X was charged with a certain crime before the RTC. Although bail was allowable under his indictment, he could
not afford to post bail, and so he remained in detention at the city jail. For various reasons, ranging from the promotion
of the presiding judge, to the absence of the trial prosecutor, and to the lack of notice to the city jail warden, the
arraignment of X was postponed nineteen times over a period of two years. What can the lawyer for X do in order to
protect the rights of the accused or his client?
a. File a motion to dismiss due to violation of the right of the accused to speedy trial.
b. File a demurrer to evidence for insufficiency of evidence.
c. File a motion to quash based on grounds provided by the law.
d. Appeal to the higher court.
27. When in the commission of the crime, the exercise of freedom of action is absent, which of the following is
the applicable modifying circumstance?

A. alternative
B. exempting
C. mitigating
D. D. justifying
*CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY
JUSTIFYING CIRCUMSTANCE – ACT – IN ACCORDANCE WITH LAW –
GR- NO CRIMINAL NO CIVIL LIABILITY
EXCEPTION – AVOIDANCE OF GREATER EVIL OR STATE OF NECESSITY - NO CRIMINAL LIABILTY BUT THERE IS CIVIL
LIABILITY par. 4, Art. 11
ADDITIONAL JUSTIFYING -RA 9262
VICTIM-SURVIVORS – BATTERED WOMAN – NO CRIMINAL – NO CIVIL LIABILITY
Exempting CIRCUMSTANCES – GROUNDS FOR EXEMPTION
GR: NO CRIMINAL – WITH CIVIL LIABILITY
EXCEPTION: PAR. 4, ART. 12 – ACCIDENT – NO CRIMINAL – NO CIVIL LIABILITY
MITIGATING – LIABLE – REDUCE – MINIMUM
AGGRAVATING – INCREASE -MAXIMUM
Kinds of aggravating: GENERIC AC – INCREASE PENALTY – MAXIMUM PERIOD lang hindi TO A HIGHER DEGREE
Generic AC pwede ma-offsent ng Ordinary Mitigating Circumstance - MEDIUM PERIOD ipataw after ma offset
SPECIFIC AC – applicable sa CERTAIN AND SPECIFIED CRIMES –
IGNOMINY – MORAL PAIN – sa crimes against CHASTITY
CRUELTY – physical pain – sa crimes against PERSONS
TREACHERY – crimes against PERSONS
INHERENT AC – NECESSARILY INCLUDED IN THE COMMISSION OF THE CRIME – ESSENTIAL INGREDIENTS – kasama
talaga sa paggawa ng krimen kaya ABSORBED – NO EFFECT sa penalty
Ex. EVIDENT PREMIDITATION – CONCUBINAGE, ROBBERY, ADULTERY, THEFT – ESTAFA
BRIBERY – ABUSE OF PUBLIC OFFICE
ROBBERY WITH THE USE OF FORCE UPON THINGS – BREAKING OF A WALL – UNLAWFUL ENTRY
ESTAFA – FRAUD
SEDUCTION – DECEIT
IGNOMINY – RAPE
SPECIAL AC – ARISE UNDER SPECIAL CONDITIONS – INCREASE PENALTY – CANNOT BE OFFSET by Mitigating
Circumstance
Ex.
1. COMPLEX CRIME
2. USE OF UNLICENSED FIREARM – MURDER OR HOMICIDE
3. ERROR IN PERSONAE
QUASI -RECIDIVISM – MULTI- RECIDIVISM -CONVICTED –
BEFORE BEGINNING TO SERVE SENTENCE OR WHILE SERVING SENTENCE – COMMIT NG ANOTHER CRIME
1. Felony
2. Felony – QR
1. OFFENSE
2. FELONY – QR
1. OFFENSE
2. OFFENSE – NOT QR
Alternative- aggravating / mitigating
Relationship – OLDER BROTHER – SAMPAL BUNSO – MITIGATING SPI
SERIOUS P.I. – BUNSO – AGGRAVATING
Intoxication – LASENG – MITIGATING – KAPAG HINDI SINASADYA – NOT HABITUAL
UMINOM – PURPOSELY – AGGRAVATING – HABITUALLY INTOXICATED – AGGRAVATING
Degree of education – LAWYER – ESTAFA AND FALSIFICATION – AGGRAVATING
RONNIE – NO READ NO WRITE – MITIGATING
EXCEPTION: Heinous crime, murder, rape , robbery with homicide – NOT MITIGATING kasi kahit wala ka pinag aralan
alam mo na masasama yan
ABSOLUTORY CAUSE – NO CRIMINAL; -WITH CIVIL Liability
EXTENUATING CIRCUMSTANCE – mitigating
28. The husband saw the wife having sex with another man at around 6:00 pm. Since the paramour had a gun with
him, the husband had no choice except to retreat and find a gun of his own. The husband borrowed a gun from a
friend and look for the paramour. The husband saw the paramour at a "mahjong hall at around 7:00 pm of the same
night and fired at him killing him instantly. Unfortunately, other people got hit by the stray bullets resulting in their
physical injuries.

Here, the husband is
a. not criminally liable for the death of the paramour (People vs. Abarca)
b. criminally liable for the injuries of those hit by his stray bullets
c. liable to be sentenced to destierro
d. all of the above
29. If the original of the document cannot be presented in court, what is this documentary evidence that may be
presented in court?
A. photocopy evidence
B. replacement evidence
C. primary evidence
D. secondary evidence
BEST EVIDENCE RULE – ORIGINAL DOCUMENT RULE – subject of inquiry is the CONTENTS of a document
30. A imagines killing B. A is not criminally liable because_______.

A. he does not commence the commission of a crime directly by overt act
B. there is no witness against A
C. there is no injury to B
D. there is no law against imagining a crime
31. X (husband) caught Y (wife) in the act of having sexual intercourse with a neighbor. X became enraged and
immediately inflicted serious physical injuries against both Y and Z on the spot. What will happen to X if after trial the
above facts were proven?
(Note: X and Y are legally married)
a. Conviction for death inflicted under exceptional circumstances
b. Conviction for serious physical injuries inflicted under exceptional circumstances -art. 247 –
Extraordinary mitigating circumstance – DESTIERRO -
c. Conviction for less serious physical injuries
d. X will be declared exempted from punishment.
32. In relation to the immediately preceding question, what if X only inflicted slight physical injuries upon Y and Z?
a. Conviction for death inflicted under exceptional circumstances
b. Conviction for serious physical injuries inflicted under exceptional circumstances
c. Conviction for less serious physical injuries
d. X will be declared exempted from any punishment whatsoever. – absolutory cause –walang criminal
pero may civil liability
33.A person jumped off a tall building in order to commit suicide and upon falling to the ground he miraculously
survived. What is that person’s criminal liability?
A.Attempted suicide
B.Frustrated suicide
C.Alarms and scandals
D.Trespassing
E.He has no criminal liability - Nullum Crimen Nulla Poena Sine lege
Pero kung sa EDSA mo ginawa na nagkagulo ang mga tao– Alarms and Scandal
34. A committed suicide by deliberately falling himself down form a tall building. A survived the fall when he fortunately
landed on B, a passerby. In this event however, it was B who died due to impact of A’s body plunging down from the
sky. Here A is_______.
A.Criminally liable for homicide
B.Criminally liable for reckless imprudence resulting in homicide, but not civilly liable
C. Criminally liable for reckless imprudence resulting to homicide, and is also civilly liable – sundin si Atty.
GABAO
D.There is no criminal and no civil liabilities whatsoever
35. Ah Chong was a stay-in-cook in a place where robbery and murder were rampant. One night, he was awakened
by the sound of someone trying to force the door open. He called out twice to the person to identify himself.
Receiving no answer, he uttered the warning, ‘’if you enter the room, I will kill you.’’ It was at that moment that he
was hit above the knee by the chair that had been placed against the door. Thinking that he was being attacked by
the unknown intruder, the accused seized a kitchen knife kept under his pillow and struck out blindly, hitting the latter
who turned out to be his roommate, and who later expired from his wounds. Ah Chong was acquitted because he
acted_________.
A.While in a dream

B.Under a mistake in identity
C.In self-defense due to a mistake of fact
D.Defense of property and praeter intentionem
36.A sees B rushing rapidly toward him, with outstretched arms and a pistol in his hand, and using violence menaces
against his life as he advances. Having approached near enough in the same attitude, A, who has a club in his hand,
strikes B over the head before or at the instant the pistol is discharged; and of the wound, B dies. It turns out the
pistol was loaded with powder only, and that the real design of B was only to terrify A. A is not criminally liable
because_______.
A.He acted under a mistake of fact
B.He acted in self- defense
C.Both a and b, or either one of them
D.he acted in fulfillment of a duty
E.He acted under the instinct of self-preservation
37.A pointed a gun to B and said to B ‘’Hold-up’’. B fought back and the two wrestled for the possession of the gun.
Meanwhile C, the son of A, not knowing that his father is was a holdupper/robber. Came to the rescue of A and attacked
B. Is C criminally liable?
A.NO, because of defense of relatives
B.NO,because of mistake of fact
C.Yes, because his father is a robber
D.Both A and B
38. When Chinese kills a Filipino while on board a Philippine vessel on the high seas, is the criminal law of the
Philippines applicable?
A. yes, because the crime is committed in the south Philippine seas.
B. no, the Philippine criminal law shall not be applicable
C. no, because the offender is not a Filipino.
D. yes, the Philippine criminal law shall be applicable.
GR- Penal laws – within its territory – INTRATERRITORIALITY
EXCEPTION – EXTRATERRITORIALITY check par. 1-5, Art.2, RPC
1.BIGAMY CASE sa abroad naganap ang 2nd marriage; hindi liable hindi kasama ang bigamy sa exceptions; walang
extra-territorial application
2.2nd scenario nagsama sila sa Pilipinas; both liable naman sa Concubinage hindi bigamy
39. A, armed with a knife, feloniously charged at B inside MV Vigan while the sea vessel was anchored at the Pasig
River. B, out of fear, ran away from A. A, however, chased B, the chasing of which forced B out of mortal fear to just
jump down into the river and disappeared beneath its surface, to be seen no more. Is A liable for chasing B with a
knife which eventually caused B’s death due to drowning?
A. Yes, for murder, and he is also civilly liable
B. Yes, for homicide, and he is also civilly liable
C. No, he is not criminally liable but civilly liable
D. No, there is no liability whatsoever
EL QUE ES CAUSA DE LA CAUSA ES CAUSA DEL MALCAUSADO – HE WHO IS THE CAUSE OF THE CAUSE IS THE
CAUSE OF THE EVIL CAUSED
40.Which of the following best describes the meaning of vessel as used in the crime of piracy?
A. a medium moved by means of machine for travel from one place to another
B. a medium powered by man to move from one place to another.
C. none of these
D. any medium used to transport things, people, etc. from one place to another
41. A shot B, producing a mortal wound. B, knowing that he would die anyway, decided to hasten his own death by
slashing his own throat causing his immediate death. Here, A is
a. still criminally liable for homicide
b. not criminally liable for homicide
c. liable for physical injuries only
d. not liable at all
42.The accused fired several random shots against the door and wall of a certain house. There is no evidence that he
knew the exact place where the occupants were located at the time of the shooting, nor was there evidence of any
intent to kill. What crime was committed if nobody died or was injured?

a. Illegal discharge of firearms
b. Alarms and scandals
c. Grave scandal
d. Attempted murder or homicide
43. The accused discharged his firearm while he was 200 yards away from the victim. The bullet did not reach the
target since the distance was so great. There is evidence that the firing was merely made to frighten the victim. What
crime was committed?
a. Attempted homicide/murder
b. Illegal discharge of firearm
c. Alarms and scandals
d. No crime
e. Impossible crime
44. Piracy under Art. 122 of the Revised Penal Code, may be distinguished from P.D. 532, as the latter can be committed
only___________.
A. both internal lands and waters
B. in the high seas
C. anywhere in the Philippines
D. within the Philippine waters
ART.122 – STRANGERS PD 532- ANY PERSON – STRANGER or INSIDER
PHIL. WATERS or HIGH SEAS PHILIPPINE WATERS only
QUALIFIED PIRACY
1. Boarding or firing upon the vessel
2. Victims – abandonment – without means of saving themselves
3. Habang nagcocommit ng Piracy nagkommit din ng– Murder – Homicide – Physical injuries -Rape
Kung ibang Acts of lasciviousness – wag – separate
45. A known prostitute killed her own child who is less than three days old. Is there a mitigation of liability?
a. Yes, the law does not distinguish.
b. No, since she has no good reputation (Justice Mariano
Albert) – cannot invoke concealment of dishonor
c. Yes, if she was the victim of rape.
d. No, she is not entitled to mitigation.
46. Maria gave birth to a fetus with an intrauterine life of less than 7 months, Maria killed the fetus within 24 hours
from its delivery. Maria committed _____.
a. infanticide
b. murder
c. parricide
d. abortion
e. no crime
Art. 41 – fetus – less than 7 months – lumabas – hindi pa raw maituturing na ipinanganak ung bata kung namatay
within 24 hours
47. A pointed a gun against B, a pregnant woman. Because of fright, the woman suffered an abortion.
What crime was committed by A?
a. Abortion
b. Unintentional abortion
c. Grave threats – amounts to a crime
d. Unjust vexation
e. Intentional abortion –
Hindi unintentional abortion kasi ito ay nacocommit kung ang accused ay gumamit ng VIOLENCE. Ang GUN-POKING
ay INTIMIDATION.
QUALIFIED GRAVE THREATS – IN WRITING or may MIDDLE MAN
Light threats Does not amount to a crime like blackmail
48. A got mad with his pregnant wife and struck her with his fist. The woman died and the fetus was expelled. What
a. Complex crime of physical injuries with unintentional abortion
b. Complex crime of homicide with unintentional abortion
c. Complex crime of parricide with unintentional abortion – COMPLEX IT RESULTED FROM A SINGLE ACT

d. Abortion only
49. What will mitigate the liability of the mother if she will cause an abortion upon her own unborn child or allow others
to do so?
a. If abortion was done to conceal her dishonor. – Pwede din ang lola mag avail (extenuating)
b. If abortion was done to preserve her sexiness.
c. If abortion was done to preserve her good looks.
d. If abortion was done to escape from poverty.
50. A, B and C raped D. Each one of them had their turn in raping D. Which statement is correct if D marries A?
a. Only A will benefit from extinguishment of criminal liability.
b. A, B and C will all benefit from extinguishment of criminal liability.
c. D is prohibited by the law from marrying any of her rapists.
d. No one will benefit from the marriage since this is a case of multiple rape.
51. A was forcibly taken 40 meters away from his house and was murdered in an uninhabited place. What crime was
committed?
a. Murder – may INTENT to KILL; yung ABDUCTION INCIDENTAL lamang
b. Kidnapping with murder
c. Illegal detention with murder
d. Slight illegal detention
SERIOUS ILLEGAL DETENTION
1. GR: VICTIM – MORE THAN 3 DAYS kinulong
2. Kahit saglit lang hindi umabot ng more than 3 days – DETAINed ay – WOMAN – MINOR – PUBLIC OFFICER
3. SIMULATION OF PUBLIC AUTHORITY – nagpanggap na pulis para sumama ang biktima
4. Sinaktan ang biktima ng SERIOUS P.I.
5. Threats to kill the victim
SLIGHT Illegal Detention kapag wala sa taas
*QUALIFIED KIDNAPPING AND SERIOUS ILLEGAL DETENTION – biktima killed, tortuted; Extort ransom -
52. Which among the following is an absolutory cause in trespass to dwelling?

a. Enter another's dwelling for the purpose of preventing some serious harm to himself
b. Enter the dwelling of another to prevent harm to the occupants of the dwelling or a third person
c. Entering the house of another for the purpose of rendering some service to humanity or justice
d. Entering cafes, taverns, inn and other public houses, while the same are open
e. All of the above
75. A, with intent to kill, entered the house of B and killed B. Here, ____.
a. there is trespass to dwelling aggravated by dwelling
b. there is only trespass to dwelling
c. only the crime of homicide was committed
d. no crime was committed
e. homicide is committed (aggravated by dwelling -generic AC- maximum)
53. A told B, “I will rape/kill you and your relatives if you will not accept me as your boyfriend". Here, A committed
a. attempted rape
b. attempted murder/homicide
c. grave threats
d. no crime
e. grave coercion
54. A robber pointed his gun against B and said, "bigay mo pera mo, kung hindi papatayin kita”. What crime was
committed?
a. Robbery only – violence – intimidation – uttering of words"bigay mo pera mo, kung hindi papatayin kita” ay
absorbed
b. Robbery and grave threats
c. Grave threats only
d. Theft
55. A compelled an old woman to take off her clothes and ordered her to confess that she was a thief. Here, the crime
is
a. grave coercion

b. acts of lasciviousness
c. attempted rape
d. anti-violence against women
56. Maria boarded a taxi cab. The driver of the taxi got instantly attracted to Maria. He asked Maria if they could have
a date in a nearby disco. Maria refused. When the driver heard this refusal, he accelerated the speed of the taxi and
threatened that unless Maria agreed to a date, he would bump the taxi. What crime was committed by the driver?
a. Grave threats
b. No crime
c. Anti-violence against women
d. Grave coercion
57. In the hierarchy of evidence, it is considered as the most reliable because its physical appearance cannot lie?
A. testimonial
B. documentary
C. direct evidence
D. real evidence – kaya ka nga ooffer n ganitong evidence gusto mo iopen ng Court ang kanyang SENSES. Ibang tawag
object – autoptic – physical – tangible – fermented cider
58. Rebellion and coup d‘ etat when committed by military personnel will subject them to court martial proceedings.
The nature of court martial proceedings is_________.
A. civil
B. administrative
C. criminal
D. sui generis – JURISPRUDENCE – MILITARY LAW – CLASS OF ITS OWN -
59.A threatened B that unless B pays his debt, B would be taken to the camp to be killed. The next day, out of fear, B
paid the amount. The crime committed is
a. grave threats
b. no crime
c. anti-violence against women
d. grave coercion
60. A is the lessor while B is the lessee. B is one year delayed in paying his RENT. A, THE LESSOR, WITHOUT ANY
COURT ORDER, forcibly removed B from the premises and the latter’s family and property from the rented premises.
Here, A is liable ___
a. liable for grave coercion
b.liable for unjust vexation
c.not liable for anything
d.none of the above
61. A, by means of violence, dragged and carried a girl to a distance of three meters from the place where she originally
was. The girl constantly screamed, so A finally released her. A is liable for
a. grave coercion
b. illegal detention
c. unjust vexation
d. attempted rape
e. indeterminate offense
62.Mario and Maria were about to be married. Maria, at the last minute, decided to back out of marriage. Mario forcibly
dragged Maria to a room and kept her there for a long time, and compelled her to proceed with the marriage. Here,
Mario is
a. liable for serious illegal detention
b. liable for grave threats
c. liable for grave coercion
e. liable for attempted rape
63. X, a jobless drug addict, pointed a gun against a known drug pusher and demanded for the delivery of the drugs
to him (X). The drug pusher, out of fear, handed the drugs to X. What crime was committed by X?
a. Robbery
b. Theft

c. Grave coercion
d. No crime
Even drugs that is Not lawful commerce -pwede pa din sa robbery
64. A delivered to B a cell phone for safekeeping. When A was now taking the cell phone back, B poked a gun against
A, telling A that he would not return the cellphone. Is there robbery on the part of B?
a. Yes, because there was taking of property.
b. No, because he did not take the property by violence or intimidation. It was originally handed to him.
c. Yes, because there is violence against a person.
d. No, because there was no force upon things.
65. A saw B placed P1,000 bill in the latter's coat. A, with intent to take the P1,000 bill, held-up B by pointing a gun
and took the coat. When A reached home, the P1,000 bill was no longer in the coat. What crime was committed by A?
a. Robbery
b. Theft
c. Impossible crime
d. No crime
e. Grave coercion
66. A, out of hatred, broke the drawer where B was hiding his gun, then A threatened B with the gun. What crime was
committed?
a. Robbery
b. Grave threats
c. Grave coercion
d. No crime
Not robbery – out of hatred – no intent to gain – His intention appears to be using the gun for the purpose of threatening
the victim by using it
67. A, by violence, took the cell phone of B. When A got home, he realized that the cell phone he took from B was
his own missing cell phone. What crime was committed?
a. No crime
b. Robbery
c. Theft only
d. Impossible crime
e. Grave coercion
Choices between Impossible crime or Grave Coercion – not IC kasi may violence –violation of Other provision of the
RPC
68. On an open road, X cut with a bolo the strings tying the mouth or opening of a sack containing palay which were
left therein for drying and then took the palay inside the sack. What crime was committed?
a. Theft
b. Robbery
c. No crime
d. Impossible crime
Theft – force employed was not used on a building, house or edifice devoted to religious worship
69. X entered through the window of a house and cut with a bolo the strings tying the mouth or opening of a sack
containing palay and then took the palay inside the sack. What crime was committed?
a. Theft
b. Robbery
c. No crime
d. Impossible crime
70. A snatched the bag of B and run away. A committed

a. theft – no violence/intimidation
b. robbery
c. qualified theft
d. none of the above
71. A snatched the bag of B and run away. He did the

act of taking the bag while pushing B to prevent B from pursuing him. A committed _____
a. theft

b. robbery
c. qualified theft
d. none of the above
72. At the end of the semester, a teacher secretly talked to his student and demanded that unless the student gives
P1,000, he would fail the student. The student gave the amount immediately. What crime was committed by the
teacher?
a. Theft
b. Robbery
c. Qualified theft
d. None of the above
73. A took the wallet of B from behind and run away. B chased A. A, to defend the stolen property, boxed B, causing
the latter's black eye. What crime was committed?
a. Robbery
b. Robbery with physical injuries
c. Theft
d. Theft and slight physical injuries
e. Theft and grave threats
74. A took the wallet of B from behind and ran away. B chased A. A threatened B with a knife to discourage B from
pursuing any further to recover his own property. What crime was committed by A?
a. Robbery
c. Theft
75. A took the wallet of B from behind and run away. B chased A. A stabbed B with a knife to discourage B from
pursuing him any further. B died. What crime was committed?
a. Robbery
c. Robbery with homicide
Special Complex Crime –other term Composite Crime
Observe the hierarchy to know what are absorbed
1. Robbery with Homicide
2. Robbery with Rape
3. Robbery with Intentional Mutilation
4. Robbery with Arson
5. Robbery with Serious Physical Injuries
6. 6Robber with use of unnecessary VIOLENCE
7. SIMPLE ROBBERY
Homicide – generic sense
Even if there are many victims na namatay – Robbery with Homicide
Kahit tambay ka lang nadamay, nasagasaan habang tumatakas ang robbers, police ang nakabaril sa kasamahan
mong robber, nagpatayan kau ng kasama mo basta by reason or on occasion of robbery- Robbery with Homicide
In robbery with rape – when the robbery shall have been accompanied by rape Robbery with rape does not cover
attempted rape
Killing– pwedeng nauna or sumunod sa robbery basta may -intent to to take personal property
No multiple homicide or robbery with multiple counts of rape – 1 special complex crime
76. X, by force, took the tires of a parked automobile. This is____.

a. robbery
b. theft
c. no crime
d. carnapping
may force pero hind isa house, building or edifice devoted to religious worship
77. X broke the window of a car and took cell phones therein. This is __.

a. robbery
b. theft
c. no crime
d. carnapping
78. X broke the window of a house and inserted his hands and took the cellphones from the coffee table.
This is
a. robbery
b. theft – robbery – kelangan maipasok ang entire body – into the house
c. no crime
d. carnapping
79. A and B, at gunpoint, took from a fisherman a certain motorized boat from the shore. But since they could not start
the motor, it would not move. A and B killed the boatman. What crime was committed?
a. Attempted robbery with homicide (attempted robbery committed under certain circumstances)
b. Attempted robbery and homicide
c. Attempted robbery and murder
d. Piracy
80. A entered a house through an open door. The owner, not knowing that A was inside, closed and locked the door
from the outside. A, after taking some personal properties, went out of the house through the window. Here A is ____.
a. not liable
b. liable for theft
c. liable for robbery
d. liable for trespass to dwelling
81. X used a false key or picklock to open an INSIDE DOOR, like a door of a certain room, and once inside, he took the
cell phone of the sleeping owner. What crime was committed?
a. Theft
b. Trespassing
c. Malicious mischief
d. Robbery
e. No crime
1. Only an inside door is involved
2. False key - if was used in order to open an outside door- robbery
82. A and B pretended to be police officers and knock at the door of C in order to enter. C allowed A and B to enter.
Once inside, A and B announced holdup and the two took by violence and intimidation the property of C. What crime
was committed by A and B?
a. Theft
b. Trespassing
c. Malicious mischief
d. Robbery
e. Estafa
83. X carried away a sealed boxed or receptacle for the purpose of breaking it outside the house where he took it. X
was not able to destroy the sealed box or receptacle because he had no tools to break it. What crime was committed?
a. Theft
b. Attempted robbery
c. Frustrated robbery
d. Robbery
e. Impossible crime
Art. 299 (b) (2), robbery – kinuha mo yung furniture or objects away to be broken or forced outside the place of
the robbery
84. X found a locked box carried over by storm surge on the street. X brought it home and destroyed it and took its
contents. This is ___.
a. robbery
b. qualified theft –storm surge; calamity –
c.theft
d. malicious mischief
e. no crime committed

85. ship sunk in the Manila Bay. The accused, a local fisherman, dived down there, entered the sunken ship, took the
locked vault, destroyed it at home and took the valuable inside. This is
a. robbery
b. theft
c. trespassing
d. civil case only
Art. 301 (1), a ship is covered by the term inhabited house
86. A, before leaving for the province, entrusted to B the keys to his house. While A was in the province, B used the
key to open the house and took the valuables inside. B is ____
a. liable for theft
b. liable for qualified theft
c. liable for robbery
87. The accused received from a gullible provincial folk a bar of gold for the purpose of having it examined by a
goldsmith. The accused never returned the gold to that gullible provincial folk. What crime was committed?
a. No crime
b. Theft
c. Estafa
d. Fraud
The accused only had physical or material possession, - theft

Obtained Juridical Possession – appropriate – Estafa
Juridical Possession – possession which gives the transferee a right over the thing which the transferee may set up
against the owner
88. Petra pledged her jewelry to Pedro. Without the knowledge of Pedro, Petra took the jewelry from the vault of
Pedro. What crime was committed by Petra?
a. Theft
b. Estafa
c. No crime
d. Malicious mischief
89. A sold rice worth P500 to B. B paid with a P1000peso bill. A said he had no smaller bills to give the change so he
would turn the P1,000-peso bill to smaller bills inside a shopping mall. Meanwhile, B kept waiting for A, but A never
returned since he absconded with the entire money. What crime was committed?
a. Theft – physical or material possession – money
b. Estafa
c. Qualified theft
d. No crime
90. A took the car of B and burned the car 500 meters from where he took it. This is ____.
a. arson
b. theft
c. carnapping
d. all of the above
e. carnapping with arson
91. Pedro was the college school mate of Juan. Juan, out of pure generosity, allowed Pedro to sleep in his house.
Pedro stole the property of Juan while Juan was sleeping. What crime was committed?
a. Theft
b. Qualified theft – abuse of confidence
c. Estafa
d. Robbery
92. The accused killed the cow of his neighbor because the cow entered his rice fields and caused damage thereto.
What crime was committed by the accused?
a. Theft
b. PD 533 – Anti-Cattle Rustling Law - Large Cattle -

c. Estafa
d. Malicious mischief
93. A lost in a land case against B. A, who could not accept defeat, took possession of the land subject of the case
and harvested the rice by means of threats and intimidation against B. What crime was committed by A?
a. Occupation of real property or usurpation of real rights in property
b. Robbery
c. Squatting
d. Theft
94. A is the landlord and B is the tenant of a rice field. A and B are supposed to share 50/50 regarding the proceeds
of the rice fields. During a certain harvest season, the palay were sold by B to C and he got P100,000. He is supposed
to deliver one half of the P100,000 to A. B did not deliver P50,000 to A. What crime was committed by B?
a. Theft
b. Estafa
c. No crime but civil case only
d. Qualified theft
95. A ship to B a balikbayan box containing imported goods. The balikbayan box was erroneously delivered to C. When
A and the shipping company were recovering from C the balikbayan box, C denied having received the balikbayan box.
What crime was committed?
a. No crime
b. Quasi contract -
c. Unjust enrichment
d. Solutio indebeti
e. Estafa – deceit – damage
96. A borrowed book from B to be returned upon demand by B. A sold the books to C. What crime was committed by
A? a. No crime
b. Qualified theft
c. Estafa
d. Theft of motor vehicle
97. A purchased a motorcycle payable in 12 monthly installments. A lost his job due to the pandemic and could not pay
anymore the monthly installments of his motorcycle. What crime was committed?
a. No crime – A’s liability is only civil in nature – contract of loan – No person shall be imprisoned by reason of non-
payment of debt.
b. Qualified theft
c. Estafa
d. Theft of motor vehicle
98. A received from B a ring to be sold, with instruction to deliver it back to B if not sold within one week. A gave the
ring to a sub-agent (without authority from B, the principal) so that the sub-agent may sell the ring. The sub-
agent absconded with the ring. Is A criminally liable?
a. Yes, for qualified theft.
b. Yes, for estafa.
c. Yes, for civil case only.
d. No, A is not liable at all.
99. A borrowed a phone from to be used on a particular social event. When B was asking for its return, A denied having
borrowed any phone. What crime was committed by A?
a. No crime
b. Estafa
c. Theft
d. Qualified theft
e. Civil liability only
100. A stole the passbook of B, forged the signature of B and succeeded in withdrawing the money of B. What crime
was committed?
a. Estafa through falsification of commercial document
b. Theft
c. Qualified theft

d. Falsification
e. Forgery
Forgery – 1. by giving to a treasury or bank note or any instrument payable to bearer or to order, the appearance of
a true and genuine document
2.By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs contained therein
CHECKS -
* Falsification
1. counterfeiting or imitating any handwriting, signature, rubric
2, causing it to appear that persons have participated in act or proceeding which they did not in fact so participate
EX. Extrajudicial settlement of estate – 5 siblings – 2 nasa Japan – Pilipinas 3 ang pumirma, ipinirma yung 2
*COMPLEX CRIME –
2 KINDS
1. WHEN A SINGLE ACT CONSTITUTES 2 OR MORE GRAVE OR LESS GRAVE FELONIES
- COMPOUND CRIME – DELITO COMPUESTO
- EX. BOMB PRODUCING DIFFERENT EFFECTS
- CRIME CHARGED – DOUBLE OR MULTIPLE MURDER
2. When an offense is a necessary means of committing another crime
- COMPLEX CRIME PROPER – DELITO COMPLEJO
- B WITH LEWD DESIGN, FORCIBLY ABDUCTED A, FORCED A INTO THE HOUSE AND RAPED HER.
- FORCIBLE ABDUCTION WITH RAPE OR RAPE THROUGH FORCIBLE ABDUCTION
101. A forged a losing sweepstakes ticket, making it appear that it had the winning combination. A tried to present it
at the PCSO but it was discovered as a forgery. A is liable for
a. attempted estafa through forgery
b. attempted estafa
c. attempted theft
d. falsification of official document
102. A delivered to a certain alajero a diamond in order to assess its value. The alajero removed the diamond and
changed it into a stone of lower quality. What crime was committed by the alajero?
a. Estafa – DECEIT – DAMAGE
b. Theft
c. Qualified theft
d. Robbery
103. A made promissory notes and delivered them to his creditor. A requested to see his promissory notes from his
creditor and once these notes were shown to A, he destroyed them and never made new ones in favor of his creditor.
A is guilty of
a. malicious mischief
b. unjust vexation
c. arson
d. estafa
104. A pawned his jewels at a pawnshop. While A was sleeping, B, his servant, took the pawnshop ticket and redeemed
the jewels. What crime was committed by B?
a. Complex crime of estafa through theft
b. Estafa
c. Theft
d. Falsification
105 A bus conductor charged the passenger 20 pesos but issued a ticket for 15 pesos only. This is
a. estafa
b. other forms of swindling
c. other deceits
d. theft
Other deceits -1. Mala Rudy Baldwin – interpret dreams, forecast, tell fortunes for profit or gain
2.Defrauding another person by means of deceit
106. A person borrowed P1000 as an advance for his services as a maid. After said advance, he never returned to pay
his indebtedness by means of household services. He is liable for

a. estafa
b. other forms of swindling
c. other deceits
d. theft
107. A servant was not paid his wage. The servant did not feed the dog of his master as an act of hate or revenge.
The dog died of hunger. This is
a. cruelty to animal
b. malicious mischief
c. theft
d. murder
108. A, out of hatred, released the bird of Y from its cage. This is
a. cruelty to animal
b. malicious mischief
c. theft
d. murder
109. X scattered coconut remnants with human waste inside a building. This is
a. other mischiefs
b. murder
c. homicide
d. no crime
MALICIOUS MISCHIEF – willful damaging of another’s property for the sake of causing damage due to hate, revenge
or other evil motive
Other Mischiefs – covers mischiefs not included in Art. 328
Special cases of malicious mischief
1. causing damage to obstruct the performance of public functions
2. Using any poisonous or corrosive substances
3. Spreading infection or contagion among cattle
4. Causing damage to the property of the National Museum or Library or to any road, promenade or any other
thing used in common by the public
110. A father took the suitcase of his son and burned it. The crime is
a. malicious mischief but exempted from criminal
liability – theft, swindling, malicious mischief – absolutory cause –
b.malicious mischief but not exempted from criminal
liability
b. arson but exempted from criminal liability
c. arson but exempted from civil liability
111. X pointed a gun against his father in order to scare his father to give some money. X's father gave the money
as demanded. What crime was committed by the son?
a. None, only civil liability
b. Robbery – intimidation – violence
c. Theft
d.Grave coercion
e.Exempted
112 An individual approached and asked you on how to file a case against another. The act complained of happened
more than 1 week ago. Upon initial inquiry, you learned that the act complained of is punishable with imprisonment of
4 years and 2 months or less. What will be your advice?
A. to proceed with the warrantless arrest and the conduct of inquest proceedings.
B. to proceed with the complaint before the police station and request that a warrantless arrest be conducted.
C. to proceed with the direct filling of the case before the prosecutor’s office for the conduct of preliminary
investigation.
D. to file the case directly with the Municipal Trial Court
Province: Preliminary Investigation – Fiscal

Crime – 4 years 2 months and 1 day or more OFFICE OF THE PROSECUTOR
Less than 4-2-1---4 years and 2 months and less NO P.I.

Options
1. File Directly MTC, MCTC
2. File O.P – 10 days – probable cause – FILE
INFORMARTION MTC-MCTC
Metro Manila
Crime – 4 years 2 months and 1 day or more OFFICE OF THE CITY PROSECUTOR – P.I.
Less than 4-2-1---4 years and 2 months and less NO P.I.
Exception: Pateros – rules on province OFFICE OF THE CITY PROSECUTOR – 10 DAYS –

PROBABLE CAUSE – FILE INFORMATION - METC
113.Filemon struck Javier with his bolo. Javier was hit on his palm as a result. HE merely consulted a doctor and the
2-inch incised wound was treated. Twenty-two days after the incident, Javier died of tetanus infection which is said to
have its origin not from the bolo of Filemon, but from a dirty ditch where Javier voluntarily and negligently soaked his
injured hand in. Is Filemon still criminally liable for the death of Javier?
A.Yes, The wound inflicted by filemon was the proximate cause of death of Javier
B.Yes, the death of Javier was a supervening event that made Filemon liable for the death of Javier and double jeopardy
will not set in.
C.No, the deliberate and malicious act of Javier of soaking his wound in a dirty ditch has been held to be
an efficient intervening cause
D.No, But Filemon is still criminally liable for some other crime, such as slight physical injuries
EFFEICIENT INTERVENING CAUSE – NEW AND INDEPENDENT ACT – PROXIMATE CAUSE OF AN INJURY – BREAKS
THE CAUSAL CONNECTION BETWEEN THE ORIGINAL WORONG AND THE INJURY
114. A number of lawmakers want to reimpose the death penalty, which imposition is prohibited by RA 9346. Assuming
that the death penalty is revived, which among the following will happen if the accused pleads guilty to a capital
offense?
a. The court will conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his
plea.
b. The court shall require the prosecution to prove the guilt of the accused and precise culpability.
c. The accused may still present evidence in his behalf.
d. All of the above
115. Which of these is not an absolute extinction of criminal liability?

A. full service of sentence
B. death
C. conditional pardon
D. amnesty
*MODES of TOTAL EXTINCTION OF CRIMINAL LIABILITY
4.ABSOLUTE PARDON
5. PRESCRIPTION OF CRIME
6. PRECRIPTION OF PENALTY
MARRIAGE OF THE OFFENDED PARTY – ART. 344, RPC
*Partial
1. commutation of sentence
2. GCTA
3. parole
RA 10592- PARTIAL EXTINCTION – CRIMINAL LIABILITY
1. CONDITIONAL PARDON
2. COMMUTATION OF SENTENCE
3. GCTA
116.A. stabbed B. B was brought to the hospital by his relatives, but B refused blood transfusion because he is a
member of a religious group that forbids blood transfusion among its memberS. B died due to loss of blood
attributed to his refusal to be the subject of blood transfusion. Is A here still criminally liable for the death of B?
A.Yes, Refusal of the victim to be hospitalized/treated is not an efficient intervening cause
B.No more, because it was B’s fault that he refused medical treatment
C.Yes, because A is inherently evil in killing a religious man
D.NO, because religious belief must be set aside in lifeor-death situations
117.The killing of a person who is a minor below twelve years old is _____________.

A. Murder
B. parricide
C. homicide
D. infanticide
118. The Regional Trial Court has jurisdiction over cases the penalty of which is imprisonment of_________.
A. 4 years, 2 months and 1 day
B. 12 years
C. not exceeding 6 years
D. 6 years and 1 day or more – 6 YEARS AND BELOW - MTC
119. All of the following are grounds for a motion to quash, EXCEPT when_______.
a. the facts charged do not constitute an offense
b. the court trying the case has no jurisdiction over the offense charged
c.the court trying the case has no jurisdiction over the person of the accused
c. the officer who filed the information had no authority to do so
d. the information does not comply substantially to the prescribed form
e. more than one offense is charged (duplicitous information)
f. criminal action or liability has been extinguished
g. the information contains averments which if true, would constitute legal excuse or justification
the accused has been previously convicted or acquitted of the offense charged (double jeopardy)
k. the accused is suffering from unsound mental condition, or there is a prejudicial question, or there is
a pending petition for review before the DOJ – Grounds for suspension of arraignment – suspended up to 60
days only
120. In relation to the immediately preceding question, which ground for a

motion to quash is not waived even if NOT ALLEGED by the accused?
a. Letters a, b, g and i
b. Letters c, d, e, and f
c. Letter f, g, and h
d. Letter k only
121. The accused is charged for crime that happened a long time ago, despite knowledge or discovery of the said
crime, the complaint was only filed recently. What remedy should the accused do in order to seek dismissal of the
case against him?
A. file a motion for reconsideration
B. file a motion for a new trial
C. file a notice of appeal
D. file a motion to quash the information
122. Under the Rules of Court, when is the party (prosecution or defense) considered to have rested its case?
A. after the prosecution has offered its exhibits.
B. as may be ordered by the court.
C. as may be agreed during pre-trial.
D. after the court has ruled on the formal offer of evidence.
123. A crime was committed in Makati, but the prosecutor filed the case in Muntinlupa. Later, when the prosecutor
realized the mistake, he filed the case in Makati and withdrew the Muntinlupa case. The accused objects on the
ground that there is double jeopardy. Is there double jeopardy?
a. Yes, the case had already been filed before a court.
b. No, if the Muntinlupa court had no jurisdiction, the accused was in no danger of being placed in
jeopardy.
c. Yes, since the case is already filed in court and this is the mistake of the prosecutor.
d. No, because not all the elements of double jeopardy are present.
124. The prosecutor filed a case of homicide against X. Before X could be arraigned, the prosecutor withdrew the
information, without notice to X. The prosecutor then filed a murder case against X. X invokes double jeopardy. Is
there double jeopardy here?
a. Yes, because he was prosecuted twice.
b. No, because there was no arraignment that took place yet.
c. Yes, because the law said so.
d. No, since the original charged was withdrawn.

125. The city prosecutor charged A with serious physical injuries for stabbing B. A was tried and convicted as charged.
A few days later, B died due to severe infection of his stab wounds. Can the prosecution file another information against
A for homicide?
a. Yes, since B’s death shows irregularity in the filing of the earlier charge against him
b. No, double jeopardy is present since A had already been convicted of the first offense
c. No, there is double jeopardy since serious physical injuries is necessarily included in the charge óf homicide
d. Yes, since a supervening event altered the kind of crime the accused committed - DOCTRINE OF
SJUPERVENING EVENT
126. The accused was charged with frustrated homicide. At the time of the arraignment, the accused pleaded guilty.
At that time, neither the prosecutor nor the court was aware that the victim had already died. When the prosecutor
learned of the victim's death, he immediately filed a motion to upgrade the charge from frustrated homicide to
consummated homicide. Here, there is no double jeopardy because of
a. Doctrine of supervening fact or event
b. Doctrine of subsequent discovery
c. Ex post facto law – a law that punishes an act in which it was not punishable at the time of its commission –
Halimbawa: HAYDEN KHO – nagpakalat ng video noong 2007 – 2009 ipinasa ang RA 9995. Kung itong batas na ito ay
nagsasaad na iaapply ito sa 2007 act nia, ito ay ILLEGAL – UNCONSTITUTIONAL
- a law that imposes a graver penalty other than the penalty prescribed by law at the time of its commission
PROSPECTIVITY – prospectively not retroactively – pasulong – pauna – sa mangyayari pa lamang –
GR; PROSPECTIVITY – prospectively not retroactively – pasulong – pauna – sa mangyayari pa lamang –

EXCEPTION - IF THE NEW LAW IS FAVORABLE TO THE ACCUSED – apply RETROACTIVELY
EXCEPTION TO THE EXECEPTION – BABALIK KA SA GR

HABITUAL DELINQUENT – NO RETROACTIVE APPLICATION
--- WITHIN A PERIOD 10 YEARS – RELEASE – LAST CONVICTION –
SERIOUS OR LESS SERIOUS P.I. – ROBBERY – THEFT – ESTAFA- FALSIFICATION
3RD TIME OR OFTENER
d. Bill of attainder – due process – law that inflicts punishment even without judicial trial
127. The accused bought a car and in payment thereof, he simultaneously issued checks to the seller. These checks
subsequently bounced. Which of these may be filed against the accused?
a. Estafa
b. BP 22
c. Either estafa or BP 22, or both Estafa and BB 22; there is no double jeopardy
d. The prosecution must choose whether it will file estafa only or BP 22 only; just choose one, otherwise there would
be double jeopardy
128. It is a rule which states that when an accused files a motion to quash because if the grounds are not stated in the
motion, all the grounds under the rules into alleged in support of his motion are considered waived:
a. Omnibus motion rule
b Double jeopardy
c. Bill of attainder
d. Nolle prosequi – will no longer prosecute
e. Time bar rule – PROVISIONAL DISMISSAL
6 YEARS AND BELOW PRIVATE COMPLAINANT – ABSENT

TEMPORARY – P.D.
Pwede iREVIVE within– 1 YEAR
PERMANENT DISMISSAL –
MOTION TO QUASH – DOUBLE JEOPARDY
MORE THAN 6 YEARS 2 YEARS – lang pwede irevive
129. A is a police officer. He detained B without a warrant. The crime committed is considered as light offense. The
investigation revealed that the detention is with legal ground. When will Julie be considered to have committed arbitrary
detention?

A. the moment B is not delivered to the prosecutor’s office for conduct of inquest.
B. the moment B is not delivered to proper judicial authority 18 hours from the time of arrest.
C. the moment B not delivered to proper judicial authorities within 36 hours from the time of arrest.
D. the moment B is not delivered to proper judicial authorities within 12 hours from the time of
arrest.
130.The crime committed is punishable by imprisonment of at least 4 years, 2 months and 1 day. The suspect
has been arrested. How should the criminal action be initiated?
A. to file the information directly with the regional trial court.
B. at the police station for booking of warrantless arrest and inquest proceedings.
C. at the prosecutor’s office for the conduct of preliminary investigation
D. to file the complaint directly with the municipal trial court
*might have overlooked the facts of this question during SFC- The answer is B because the suspect has been arrested,
we presume that it’s a warrantless arrest
131. A, a police officer detained B, his “kasambahay” for having a quarrel with his 4-year-old child. Can arbitrary
detention be committed by A?
A. yes, because he is a police officer and he detained B without legal ground.
B. no, he has the right to discipline B as his kasambahay.
C. no, because he is the father of his 4-year old child.
D. yes, because the detention is without a warrant of arrest.
132. Suppose A is a non-uniformed police officer. He detained his “kasambahay” after quarreling with his 4year-old
child. Can arbitrary detention be committed by A?
A. no, he has the right to discipline his kasambahay.
B. yes, he has no right to detain his kasambahay in the name of discipline.
C. yes, because he is still a police officer.
D. no, as a non-uniformed police officer, he is not a person in authority
133. Suppose C is a jail officer. Receiving an order from the court directing him to release A, he refused because he is
utilizing A as his personal “masseur”. May C be held liable for not releasing A?
A. no, since the non-release is consensual between C and A.
B. yes, because A may earn money as C’s special masseur.
C. yes, for withholding the release of a person under his custody despite receiving the court order for
release of A
Art. 126 – DELAYING RELEASE.
D. none of the above
134. Suppose you are the investigator in a case where A killed B. You concluded that there was no self defense. Which
of the following circumstances did you find out that made the killing not justified?
A. B is an unlawful aggressor
B. A used reasonable means to repel the attack
C. there is unlawful attack from B
D. A has participated in the provocation
135.A punched B and B fell on the ground, meanwhile, by sheer coincidence an incoming emergency vehicle accidentally
ran over the prostrated body of B (or a horse jumped on the prostrated body of B, or B was struck by lightning), which
caused his death. IS A still criminally liable for the death of B?
A.Yes, the act of A in punching B is the direct, natural and logical consequence of B’s death
B.No, because there was an active force/efficient intervening cause that intervened between the act of
A in punching B and such active force is a distinct act foreign from A’s felonious act
C.Yes, because A was commiting a felony when he was punching B
D.Yes, A was the proximate cause of the death of B
136.A, a police officer saw B about to kill C, A is without any relation to C. In order to save the life of C, A shot B that
resulted to death of B. What justifying circumstance is applicable to A?
A. lawful performance of duty
B. defense of relative
C. defense of stranger
D. self defense

137.It is an act which would be an offense against person or property were it not for the inherent impossibility of its
accomplishment, or an account of the employment of inadequate or ineffectual means employed by the offender, as a
consequence of which the accused is held criminally liable for the penalty of arresto mayor or fine not exceeding 200.00
to 500.00 or both, in order to prevent or suppress his criminal propensity:
A.Light felony
B.Proximate cause
C.Imposible crime
D.Offense
138.A stole the cellular phone of B. C (the mother of A) aware that the cellular phone was stolen sold the same to D.
What is the criminal liability of C, if any?
A. as a mother, C is exempt from criminal liability for the crime committed by A.
B. C will be liable only as accessory for harboring or concealing A for the crime of theft.
C. as a mother, C is not liable as accessory to the crime of theft committed by A.
D. C is liable as accessory to the crime of theft committed by A
139.Intod, armed with a firearm and with intent to kill, positioned himself in front of Mr. Palangpangan’s house, directly
opposite the latter’s bedroom, where he honestly believed the supposed victim was located at that moment. Intod
wasted no time and riddled with bullets said portion of the house. Luckily for Mr. Palangpangan, he was absent from
his room at that moment as he was in another city. Nobody was hit by the bullets fired by Intod. What crime was
commited by Intod?
A.Attempted murder
B.Frustrated murder
C.NO crime
D.Impossible crime (of murder) – JURISRUDENCE – SULPICIO INTOD VS CA AND PP
Should be Malicious mischief / alarms and scandal – but we follow Jurisprudence
140. A with intent to kill B, Sprinkled some white powdered substance on the food of B. He believed that what he mixed
was arsenic; a powerful poison. But in reality, he only mistook salt for arsenic. What he actually mixed in the white
powdered substance but did not die. What crime was commited by A?
A.Attempted murder
B.Frustrated murder
C. No murder
D.Impossible crime of murder
E.Impossible crime of homicide
141. After conviction at the Regional Trial Court of an offense not punishable by death, reclusion perpetua or life
imprisonment, bail is________________
A. a matter of right of the convict
B. discretionary to the convict
C. discretionary to the court
D. granted before conviction contentious
MATTER OF RGHT
1.BEFORE CONVICTION BY THE MTC, MCTC, METC
2. AFTER CONVICTION BY THE MTC, MCTC, METC
3. BEFORE CONVICTION BY THE RTC OF AN OFFENSE NOT PUNISHABLE BY DEATH, RECLUSION PERPETUA OR
LIFE IMPRISONMENT
4. BEFORE CONVICTION BY THE RTC OF AN OFFENSE PUNISHABLE BY DEATH, RECLUSION PERPETUA OR LIFE
IMPRISONMENT – WHEN EVIDENCE OF GUILT IS NOT STRONG
MATTER OF DISCRETION
AFTER CONVICTION BY THE RTC OF AN OFFENSE NOT PUNISHABLE BY DEATH, RECLUSION PERPETUA OR
LIFE IMPRISONMENT
Automatic – hindi granted – recidivist, hd, reiteracion, quasi-recidivist, conditional pardon, probation, parole,
escapee
142. A, B and C were jointly tried and convicted of murder by the Regional Trial Court. Only A appealed but B and C
did not. B started to serve his sentence while C continues to this day to be at-large. In the Court of Appeals, it rendered
a judgment of acquittal in A's favor and the RTC decision was reversed. What will be the effect of A's acquittal to the
criminal liabilities of B and C who did not appeal?
a. No effect

b. They (B and C) will also benefit from the acquittal.
c. Only B will benefit but C who escaped will not.
d. Only C will benefit but B will not.
An appeal taken by one or more of several accused shall not affect those who did not appeal – GR
Exception- in so far as the judgment of the appellate court us favorable and applicable to the latter
143. If factum probans refers to evidentiary fact, factum probandum refers to____________.
A. facts in issue
B. ultimate facts - Guilty – NOT GUILTY- /COLLECTION of sum of money – DID NOT PAY -
C. evidentiary issue
D. main issue
EVIDENTIARY FACTS – FACTUM PROBANS – WITNESSES, CCTV FOOTAGES - ; CONTRACT OF LOAN, PROMISSORY
144. Intelligence is an element of felony. To prove otherwise, is to prove the accused is

_______________.
A. under the concept of mistake of fact
B. deprive of cognition when the crime was committed
C. under the compulsion of an irresistible force
D. under the concept of mistake of identity
2 TESTS
Test of Cognition - complete deprivation of intelligence in committing a crime
Test of Volition – total deprivation of freedom of the will
145. A, with intent to kill B, shot the latter but the gun would not fire because A forgot to load his gun with bullets.
What crime was committed by A under these circumstances?
A.Attempted murder
B.Frustrated murder
C. No murder
D.Impossible crime
146. In the immediately preceding number, let us assume that X had actually made sure that the gun had live bullets.
Now with intent to kill, he aimed his gun against Y. But the gun did not fire. This time the reason for the non-firing of
the gun was that the gun suffered a malfunction as the bullet jammed altogether. What crime was committed by X?
A.Impossible crime
B.Attempted felony
C.Frustrated felony
D.Kamalasan
147.Juan lost his cellphone today. A few months thereafter, Juan took a cellphone from Pedro without the latter’s
consent. Juan immediately hide inside a remote alley across the street and examined the cellphone. To Juan’s
astonishment he discovered that the cellphone that he took from Pedro was the very same cellphone which he lost a
few months ago. What crime was commited by Juan?
A.No crime
B.Impossible crime
C.Theft under Article 308 of the RPC
D.Grave coercion
E.Unjust vexation
148.A stole the phone of B and used it for a day. After realizing that what he did was wrong, A returned the phone to
B. Here, A is______.
A.Still liable for theft
B.Stiil liable for robbery
C.NO longer liable for any crime
D.NO longer liable for any crime because of spontaneous desistance
149. X, with intent to kill, slowly approached Y who was seated on a chair and whose back was turned against X.
Because X had a defective eyesight he miscalculated his target and his knife landed against the frame/back of the
chair, thus alerting Y.Y was not even scratched because the back frame of the chair protected him from injury. Here,
what crime was commited by X?
A.Attempted murder

B.Frustrated murder
C.Impossible crime of murder
D.Attempted homicide
E.Attempted parricide
150. X struck Y with a bolo, hitting the latter in his neck, chest, arms and legs. Y pretended to be dead. X thought he
had already succeeded in killing Y, so he left immediately. Y was alive and ran away after X left. What stage of the
a. Frustrated; the crime was not produced because of causes independent of the will of the
accused. In this case, the pretense of death by Y. – independent of the will of the perpetrator
b. Consummated; it is the state of mind of the accused that should be considered. He thought he had killed Y,
and that is enough to make the crime consummated.
c. Impossible crime; it is impossible to kill another person who pretends to be dead already, so naturally X
already stopped killing Y.
d. Physical injuries; the playing dead of the victim makes it impossible for the court to determine whether the
crime is attempted or consummated.
151. A search warrant was issued for more than one specific offense. This kind of warrant is void and not allowed:
a. Scatter-shot search warrant
b. General search warrant – did not particularize the property to be searched or the thing to be sized
c. Plain view doctrine – limited sa nakikita ng mga naghihindutan mong mga mata
d. John Doe or blank warrant – name accused is unknown – Jane Doe
152. The crime of coup d’ etat is committed_______________.

A. by any person or persons belonging to the military or police or holding any public office or employment
B. singly or simultaneously carried out anywhere in the Philippines
C. by a swift attack with violence, intimidation, threat, strategy or stealth against duly constituted authorities of the
Philippines or any military camp or installation, etc.
D. all of these
153. Dr. X had long wanted to kill Y, his lawfully wedded wife. So, one night he mixed whitish substances (arsenic) on
the soup of the latter. When the wife had already finished her meal, including the soup with poison, Dr. X had a sudden
change of heart and decided to save the life of his wife by employing his knowledge in toxicology. He immediately
administered an antidote. The antidote administered by Dr. X prevented the death of the wife who, however,
unfortunately became vegetable-like (nabaldado) thereafter. What crime was committed by Dr. X? a. Attempted
parricide
b. Consummated less serious physical injuries
c. Frustrated parricide
d. Consummated serious physical injuries
e. Attempted murder
154. A waylaid (inabangan) B in the hope of getting his watch. But B left his watch in his house. A pointed his gun
to B and demanded B to produce the watch. But because B had no watch on him, A let B go home unmolested. What
crime was committed by A?
a. Attempted robbery – POKING OF GUN – INTIMIDATION
b. Frustrated robbery
c. Impossible crime
d. Grave threats
155. Which of the following are crimes mala in se?

A. Offenses punished by the Revised Election Code, a special law, for the omission or failure to include a voter’s name
in the registry list of voters. People v. Sunico. – malum in se- malum prohibitum
B. Violation of comprehensive Dangerous Drugs Act
C. Illegal Possession of Firearms
D. Offenses defined and punished by the Revised Penal Code
MALA IN SE- PLURAL MALA PROHIBITA – PLURAL

MALUM IN SE MALUM PROHIBITUM
INHERENTLY EVIL; INHERENTLY WRONG NOT - - DEFINE – PUNISH -
GR – VIOLATION RPC GR – SPECIAL PENAL LAWS
EXCEPTION – TECHNICAL MALVERSATION – ILLEGAL Exception; RA 7080- PLUNDER LAW
USE OF PUBLIC FUNDS OR PROPERTY 50M -
INTENT – MATERIAL – GOOD FAITH IS A DEFENSE -NO INTENT IS IMMATERIAL – GOOD FAITH IS NOT A VALID
LIABLE DEFENSE
NAIA – MACHINE- DRUGS -RA 9165 – LIABLE
STAGES OF EXECUTION – ATTEMPTED; FRUSTRATED; CONSUMMATED
CONSUMMATED
DEGREE OF PARTICIPATION – PRINCIPAL; PRINCIPALS
ACCOMPLICE; ACCESSORY
MITIGATING AND AGGRAVATING CIRCUMSTANCES NONE
ARE APPRECIATED EXCEPTION – SPL – ADOPT – PENALTIES -RPC
156. X was caught in the act of pouring gas in the house of another. He was about to strike the match in preparation
to set the house on fire when he was stopped by alerted citizens. What crime was committed?
a. Consummated arson
b. Frustrated arson
c. Attempted arson
d. No crime
157. X got mad with his neighbor, so he lit a rag soaked with gas and place it against the wall of his neighbor's house.
A small, very small portion, repeat, very small portion only, of the house was burned. The fire that burned that portion
could not have even hurt anyone. Luckily, the fire was put out before it became a major one. What crime was
committed?
a. Impossible crime of arson
b. Attempted murder
C. Frustrated arson
d. CONSUMMATED ARSON
158. When two persons committed the crime by directly taking part in accomplishing the same crime.
Both accused are criminally liable as_______________.
A. accomplices - persons who, without being principals or accomplices, cooperate in the execution of the offense
by previous or simultaneous acts
B. accessories
C. principals 1. Principal by direct participation 2. Principal by indispensable cooperation 3. Principal by inducement
- PRINCIPAL BY INDUCTION
D. conspiracy
159. X told Y, "Let us kill Z!" Y said "No, I don't want to, mag-isa ka na lang" Here, X is ____.
a. liable for proposal.
b. liable for proposal to commit murder.
C. may be liable for impossible crime.
160. Which of the following is not one of the conditions in order that the criminal law may not be given retroactive
application?
A. the offender is a first time offender
B. the criminal law is favorable to the accused - yes
C. there must be a valid criminal law – yes
D. the offender is not habitual delinquent -yes
161. Which of these is punishable?

1. Conspiracy to commit treason, conspiracy to commit rebellion, conspiracy to commit coup d'etat, conspiracy
to commit terrorism
2. Inciting to rebellion, inciting to sedition, inciting to terrorism
3. Proposal to commit treason, proposal to commit rebellion, proposal to commit coup d'etat, proposal to commit
terrorism
4. Inciting to coup d'etat, proposal to commit sedition.
a. 1-4
b. 1-3

c. 1 only
d. None of these.
A is a student of one of the criminology schools in the Philippines. A was given his transcript of records and reflected
therein in his grade in the subject of Evidence which is 2.25. He complained because according to him his grade as
reflected in his class card in the same subject is 1.25.
162. From the situation above, the original of the transcript of record is ___________.
A. the original document/best evidence
B. a relevant evidence
C. parol evidence
D. a documentary evidence – prove its contents
163. From the situation above, if the grade in the class card is presented in evidence to explain or modify the grade in
the transcript of record, which of the following statements BEST its admissibility as evidence?
A. the TOR is material evidence.
B. the TOR is not a parol evidence.
C. the TOR is admissible as a parol evidence.
D. the TOR is a documentary evidence.
164. From the situation above, if the document subject of inquiry is the photocopy of the transcript of record, it is
a_____________ evidence.
A. original
B. material evidence
C. secondary evidence
D. parole evidence
165. To produce conviction, the extra judicial confession must be supported by ________.
A. The testimony of the accused affirming his extrajudicial confession.
B. The presentation of corroborative evidence of corpus delicti
C. The testimony of the investigating officer who obtained the confession.
D. the testimony of the counsel who assisted during the investigation
166. Which of the following statements is/are true in relation to unlawful aggression as one of the elements of self-
defense, defense of relatives and defense of strangers?
1. When the aggressor flees, there is no more unlawful aggression.
2. Although the unlawful aggressor retreats, if he does it to take advantage of a better position, unlawful
aggression still exists.
3. There is no unlawful aggression when there is an agreement to a fight, both protagonist and antagonist
cannot claim self-defense.
4. Rights included in self-defense include defense of honor and property, and even in these cases unlawful
aggression must be present.
5. There is still unlawful aggression even if there was agreement to a fight so long as the aggressor initiates the
attack prior to the agreed time.
a. 1 to 5 are true
b. None of them is true
c. 1 to 2 only are true
d. 1 to 3 only are true
167. One night, X heard intruders inside his house. X armed himself with a rifle and upon seeing a man armed with a
pistol ransacking his house, X shot and killed the man. Is X criminally liable?
a. No, because he was acting in defense of property right.
b. No, because the means employed was reasonable considering that the intruders were armed with a pistol c.
c. None of these
d. Both a and b
168. In what characteristics of criminal law is express and implied repeal are relevant?
A. extra-territoriality
B. prospectivity
C. territoriality
D. generality

169. One night, Anne, a married young woman, was sleeping when he felt a man on top of her. She thought it was
her husband, so Anne let the man had sex with her. After reaching climax, the man said, “Anne, I love you. I am not
your husband. I am Peter". Anne got angry she took a gun and shot Peter. Anne is charged with homicide. Can she
invoke self- defense/defense of honor?
a. Yes. Anne is the victim of unlawful aggression here, unlawful sexual intercourse.
b. No. The unlawful aggression against her honor had already ceased at the time of the shooting.
c. It depends if Peter would marry Anne.
d. Yes. If Anne can show that she locked the door of her house, it will negate negligence on her part.
170. An evidence obtained is considered as incompetent if ___________.

A. in violation of the right of the accused - Art. 3, Bill of Rights -
B. in violation of the constitution – DOCTRINE OF THE FRUIT OF THE POSIONOUS TREE- ILLEGALLY OBTAINED
EVIDENCE IS INADMISSIBLE IN EVIDENCE
- SILVER PLATTER RULE - ILLEGALLY OBTAINED EVIDENCE IS ADMISSIBLE IN EVIDENCE – NOT FOLLOWED
C. in violation of the rules or statutes – RA 4200 – ANTI-WIRETAPPING LAW – GMA -GARCI-INADMISSBLE
D. All of these
172. When after a certain period of time, the law enforcement officers or private offended party has failed to
prosecute the commission is forever barred to prosecute the same is _____________.
A. prescription of Penalty
B. prescription of crime
C. conditional pardon
D. prescription of prosecution
173. A ship was heavily overloaded without the fault of the ship captain. While in the middle of the sea, the ship
encountered strong typhoon. The captain decided to throw the cargoes of the vessel to lighten the vessel. The ship
survived because of this decision of the captain. Is the captain liable for damage to property case filed by the owners
of the cargo?
a. No, the ship captain is not liable. This is avoidance of greater evil, and therefore, there is also no civil liability.
b. Yes, this is damage to property.
C. No, he acted in defense of himself and strangers.
d. The ship captain is not criminally liable under the necessity/avoidance of greater evil doctrine, but he
and others may be civilly liable.
174. A witness is allowed to refer to a memorandum to refresh his memory____________.

A. respecting a matter of fact he recorded a long time ago
B. respecting the opinion of an expert
C. respecting a matter of law
D. respecting a matter of fact recorded by his superior
175. Mala in se are those crimes so serious in nature as to call for unanimous condemnation of the society, while mala
prohibita are those which are ____________.
A. declared by statutes to fit the needs of the present times.
B. merely set as violations for certain group of our society.
C. violations of mere rules of convenience designed to secure orderliness in our society.
D. wrongful and serious acts by nature but which was not declared by statutes.
176. Independent relevant evidence is admissible to ____________.

A. show that a fact occurred whether it is true or not
B. convince the judge to decide the case in favor of a party
C. prove the falsity of a fact
D. prove the truth of a fact
177. A slapped the face of B today. One or two days after that slapping incident, B, as a form of revenge, attacked A
for the slapping incident that took place one or two days before. If A fights back against this attack by B, can A claim
self-defense under this present attack?
a. Yes, because A's provocation was most proximate and not immediate to the aggression made by B.
b. No, because A gave provocation.
c. Yes, because although A gave provocation, it was not sufficient.
d. None of these
178. Any person who shall help the principal of the crime in order to conceal the corpus delicti is liable as_______.

A. principal
B. accessory
C. janitor
D. accomplice
179. A kissed B' girlfriend today. One or two days after the kissing incident, B, as a form of revenge attacked A for the
kissing that took place one or two days before. If A defends himself against this attack by B, can A claim self- defense
under this present attack?
a. Yes, because A's provocation was not proximate and immediate to the aggression made by B. b. No,
because A gave provocation.
c. Yes, because although A gave provocation it was not sufficient.
d. None of these
180. Evidence to be credible must___________.

A. come from credible lips and must be credible in itself
B. be incredible in itself
C. come from a child
D. come from credible lips alone
181. Jose was a tricycle driver who was hired by a certain "Boy" to drive the latter to the cockpit. Jose agreed to the
proposal and while on their way to their agreed destination, two other unidentified who were the companions of Boy
boarded the tricycle. Along the way, the trio, to the surprise of Jose, staged robbery against an innocent victim. Jose
tried to escape but "Boy" who stayed inside the tricycle prevented him from leaving by means of gun-poking, and Boy
threatened in fact to shoot Jose. Here, Jose, who drove for the robbers should be acquitted if he is also charged with
robbery because
a. he acted in self defense

b. he is just a poor tricycle driver
c. an act done by him against his will is not his act
d. he acted under the compulsion of an irresistible force
e. either c or d or both of them
182. A police officer testifying before the court is allowed to refer to his/her memorandum respecting a matter of
________.
A. question of law
B. fact recorded by his superior
C. opinion of an expert
D. fact he recorded a long time ago
183. A, B, C and D murdered Pedro in the forest. E, who was an innocent passerby in the forest, accidentally saw what
A, B, C and D had done. A, B, C and D also saw E, and they pointed their guns against E, and forced E to burn the
cadaver of Pedro. Is E criminally liable as an accessory for burning the cadaver of Pedro?
a. No, he acted under the impulse of uncontrollable fear of an equal or greater injury.
b. No, he acted under the compulsion of irresistible force.
c. Yes, he acted in conspiracy with the accused.
d. Yes, he had the opportunity to escape.
184. A law enforcement officer’s discharge of firearm may result in the following various crimes,
except___________.
A. illegal possession of firearm
B. alarms and scandal
C. physical injuries
D. illegal discharge of firearms
185. It is not necessary to state in the complaint or information the precise time at which the offense was committed.
Which of the following crimes requires that time must be alleged in the complaint or information?
A. abortion
B. infanticide
C. malicious mischief
D. piracy
186.. Anti-Fencing Law (PD 1612) will apply only when the valuable articles proceeds from the crime of________.

A. usurpation
B. estafa
C. theft or robbery
D. swindling
187. A ordered B to kill C (B's father). If he would not do it, A threatened B that he (A) would kill B's carabao. B killed
C, his own father, to save the life of the carabao, because he loved his carabao more than he loved his father. Is B
exempted based on uncontrollable fear?
a. No, because the evil with which he was threatened was much less than that of killing his own
father.
b. Yes, because in the eyes of the law, the life of the carabao is put in the same level as that of the life of a
human being.
c. Yes, because killing a person is absolutely prohibited by the law.
d. No, because the life of a carabao if used in ones livelihood is far more valuable than the life of his father.
188. A is a woman. She killed B who is less than three days old and the legitimate child of C.
What is the crime committed by A, if any?
A. infanticide
B. homicide
C. murder
D. parricide
A is the warden of the Pambansang Kulungan ng mga Lords (PAKULO). B is detainee, C is a convict and D is a custodial
guard.
189. From the foregoing situation, suppose that Z a very influential private individual arranged the escape of B and C
by giving A and D certain consideration. Which of the following crime may be committed by A and D?
A. infidelity in the custody of prisoner
B. direct bribery
C. direct bribery and infidelity in the custody of the prisoner
- or CONNIVING WITH OR CONSENTING TO EVASION
D. conspiracy to the crime of evasion of service of sentence
190. From the foregoing situation, suppose that B escaped through his own efforts from PAKULO without giving
consideration to A and D. Did B commit any crime?
A. yes, for the crime of evasion of service of sentence
B. no, he did not commit any crime under the RPC.
C. yes, for the crime of delivery of prisoner from jail.
D. no, not yet for the crime of delivery of prisoner from jail.
consideration but in conspiracy with A and D. What is the crime committed by A and D?
A. conspiracy to the crime of evasion of service of sentence
B. delivery of prisoner from jail
C. conspiracy for the crime of delivery of prisoner from
jail
D. infidelity in the custody of prisoner
consideration to A and D. What is the crime committed by C?
A. delivery of prisoner from jail
B. indirect bribery
C. evasion of service of sentence
D. infidelity in the custody of prisoner
193. A and B are step brothers. A took the cellphone of B. They are living under the same roof. Which of the following
statements is correct?
A. a crime of qualified theft is committed, and A is exempt from criminal liability
B. a crime of theft was committed but A is exempt from criminal liability
C. a crime of qualified theft is committed, and A is not exempt from criminal liability
D. a crime of theft is committed and A is not exempt from criminal liability

Art. 332, RPC – absolutory cause
1. theft
2. swindling
3. Malicious mischief
1. spouses, ascendants, descendants, relatives in the same line
2. widowed spouse
3. Brothers and sisters; brothers in law and sisters-in law-----PROVIDED THEY ARE LIVING
TOGETHER
194. Which of the following statements best describes the application of the provisions of special penal laws?
A. the special penal laws may or may not have periods of penalty
B. the Revised Penal Code provides the period for the penalty, the penalty for the special penal laws must
provide the same.
C. the provision of the Revised Penal Code is supplemental to the special penal laws
D. the provisions of special penal laws are supplemental to the provision of the Revised Penal
Code
195. A is accused of a crime while B was the witness for the prosecution. Before the trial begins, A and B got married.
Here,
a. B is still qualified to testify against A
b. B is no longer qualified to testify against A
c. B is no longer qualified to testify against A because of the marital disqualification rule
d. B is no longer qualified to testify against A because of the marital disqualification rule, unless A gives
his consent- exception (FINAL ANSWER: BEST ANSWER)
1. Civil case filed by one spouse against the other – wife filed annulment laban sa husband, pwede magtestify si
wife
2. Criminal case by one spouse against the other ex. wife filed violation of RA 9262 against the husband, si wife
pwede na magtestiy– RA 9262 – wife – YES
3. Criminal case committed by one spouse against the other spouse’s ascendants or desecndants ex. Si wife may
krimen na ginawa sa magulang ni husband o sa unang mga anak ni husband, pwede magtestify si husband
laban kay wife
196. Attorney X was approached by Y who is an accused in a criminal case for parricide. In their conversation, Y
disclosed to Attorney X that he killed his wife. Upon hearing this, Attorney X declined to defend Y. Attorney X now
wants to testify against Y in the same criminal case of parricide in which Y is the accused. May Attorney X be allowed
to testify against Y?
a. Yes, as there is no law which prohibits him from doing so.
b. No, because of the privileged communication between lawyer and client.
c. No, because of the privileged communication between lawyer and client unless his client, Y,
consents to such testimony. (FINAL ANSWER: BEST ANSWER)
d. Yes, because there is no mention in the case that Y paid attorney's fees to Attorney X, therefore, there was
no attorney-client relationship created.
197. In relation to the preceding question, assume that Attorney X's stenographer or secretary, or anyone of his
employees in his law office was able to overhear the confession made by Y to Attorney X. May anyone of this
employee go to court where the parricide case is pending and testify against Y regarding the admission made by Y to
attorney X?
a. No, because of the lawyer-client privilege
b. Yes, so long as client Y, consents; if he does not, then no.
c. As a general rule, no, unless Attorney X gives his consent.
d.No, as a general rule, unless both Attorney X and client Y give their respective consents. (FINAL
ANSWER: BEST ANSWER)
198. Assume in the above case that Y was merely planning to kill his own wife and he was just asking the opinion of
Attorney X on how he could do it with impunity. May Attorney X, this time, go to court and testify against Y?
a. No, unless Y gives his consent.
b. Yes, the lawyer-client privilege rule is not applicable to crimes to be committed in the future (IN
FURTHERANCE OF A CRIME OR FRAUD)
c. Yes, unless Y prohibits him.
d. No, there is no exception.
199. When can a lawyer or his employees testify against the interest of the client? In other words, which of this is an
exception to the attorney-client privilege?

a. Furtherance of crime or fraud. If the services or advice of the lawyer were sought or obtained to enable or
aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud.
b. Claimants through same deceased client. As to a communication relevant to an issue between parties who
claim through the same deceased client, regardless of whether the claims are by testate or intestate or by inter vivos
transaction.
c. Breach of duty by lawyer or client. As to a communication relevant to an issue of breach of duty by the lawyer
to his or her client, or by the client to his or her lawyer.
d. Document attested by the lawyer. As to a communication relevant to an issue concerning an attested
document to which the lawyer is an attesting witness.
e. Joint clients. As to a communication relevant to a matter of common interest between two or more clients if
the communication was made by any of them to a lawyer retained or consulted in common, when offered in an action
between any of the clients, unless they have expressly agreed otherwise.
f. Any one of or all of these
200.The husband or the wife, during or after the marriage, cannot be examined without the consent of the other,
as to any communication received in confidence by one from the other during the marriage, except in a civil case
by one against the other, or in a criminal case for a crime committed by one against the other, or the latter's direct
descendants or ascendants. This is
a. privileged communication
b. privileged communication between husband and wife – confidential information
c. privileged communication between priest and patient
d. privileged communication between attorney and
client
e. privileged of state secrets
202. Pedro and Petra are husband and wife. Mario and Maria are husband and wife. One day, Pedro had sex with
Maria which caused the impregnation of Maria who bore a child later. Pedro asked forgiveness from Petra and
confided to Petra that he is the father of Maria's child. Mario sues Pedro for adultery and wants to use Petra as his
witness. Can Petra testify against Pedro?
a. No, because of disqualification by reason of marriage.
b. No, because of privileged communication between husband and wife.
c. No, because of disqualification by reason of marriage, unless Pedro gives his consent.
d. No, because of privileged communication between husband and wife, unless Pedro gives his
consent. (FINAL ANSWER: BEST ANSWER)
203. A physician, psychotherapist (meaning: a person licensed to practice medicine engaged in the diagnosis or
treatment of a mental or emotional condition or a person licensed as a psychologist by the government while similarly
engaged) or person reasonably believed by the patient to be authorized to practice medicine or psychotherapy cannot,
in a civil case, without the consent of the patient, be examined as to any confidential communication made for the
purpose of diagnosis or treatment of the patient's physical, mental or emotional condition, including alcohol or drug
addiction. This privilege also applies to persons, including members of the patient's family, who have participated in
the diagnosis or treatment of the patient under the direction of the physician or psychotherapist.
This is ____
a. privileged communication between doctor and patient – civil cases
b. privilege communication between husband and wife
c. privilege communication between priest and patient
d. privilege communication between attorney and
client
e. privilege of state secrets
204. RICARDO DE MESA died and he left certain properties, like lands and other real estate. CAROLINA, DOLORES and
CESAR, sisters and brother of Ricardo were claiming Ricardo's properties because according to them, Ricardo De Mesa
had no spouse and had no child, hence his property should be inherited by them. However, CECILIA and MARIAN,
claimed that they were the illegitimate children of Ricardo, and therefore they should be the one to get their father's
property. To prove that Cecilia and Marian are not children of Ricardo, Carolina, Dolores and Cesar, presented in court
the affidavit of DR. ARENAS. According to the affidavit of Dr. Arenas, Ricardo was sterile because of gonorrhoea disease
that he contracted during his lifetime and therefore it was impossible for him to bear children. The court did not accept
the affidavit of Dr. Arenas because its admission would violate what rule?
a. Privileged communication between doctor and patient
b. Privileged communication between husband and wife
c. Privileged communication between priest and patient
d. Privileged communication between attorney and client

e. Privilege of state secrets
205. A minister/priest or person reasonably believed to be so, cannot, without the consent of the affected person, be
examined as to any communication or confession made to, or any advice given by him or her, in his or her professional
character in the course of discipline enjoined by the church to which the minister or priest belongs. This is
a. privileged communication between doctor and patient
b. privileged communication between husband and wife
c. privileged communication between priest and penitent
client
e. privilege of state secrets
206. A public officer cannot be examined during or after his or her tenure as to communications made to him or
her in official confidence, when the court finds that the public interest would suffer by the disclosure.
This is
d. privileged communication between Attorney and
Client
e. public officers and public interest/privilege of state secrets
207. Under the new rules on evidence, the privileged communications between the professionals and their client shall
remain privileged even in the hands of a third person who have obtained the information, provided that
a. the original parties to the communication took reasonable precaution to protect its
confidentiality
b. the original parties were not aware that other people were eavesdropping on them
c. Both a and b
d. None of these
208. A person cannot compelled to testify about any trade secret unless the non-disclosure will conceal fraud or
otherwise work injustice. When the disclosure is directed, the court shall take such protective measures as the interest
of the owner of the trade secret and of the parties and the furtherance of justice may require. This is
client
e. privilege relating to trade secrets
209. An extrajudicial confession must be corroborated by evidence of corpus delicti in order to sustain a conviction.
What is meant by "corpus delicti?
a. It means the body or the substance of the crime, or the fact that a crime has been committed.
b. It literally means "produce the body" which is that writ directed to person allegedly detaining another
without legal right.
c. It means the right of a person against unreasonable searches and seizures.
d. d. All of the above
210. X and Y were before the police station and under investigation for stealing razor. X was beaten by the police within
the hearing distance of Y. Y, on the other hand, was luckier because he was not subjected to the same treatment. Y
made an extrajudicial confession out of fear that he would be beaten later if he did not confess. Y's extrajudicial
statement is
a. admissible because no torture was inflicted to him
b. not admissible because the torture of X within Y's hearing distance is sufficient intimidation to Y as
well, hence, his confession was not voluntary
c. admissible as part of res gestae
d. All of the above
211. Evidence that one did or did not to do a certain thing at one time __________.
A. cannot be compared as evidence that he did the same thing in the past
B. is comparable evidence to prove that he did the same thing in the past
C. is admissible to prove that he did or did not to do the same thing at another time.

D. is not admissible to prove that he did or did not do the same thing at another time
212.What is the Rule in the Evaluation of evidence where the evidence in a criminal case is evenly balanced so that the
constitutional scale is tilted in favor of the accused?
A. Balancing Rule
B. Equipoise Rule
C. Presumption of innocence
D. Exclusionary Rule – illegaly seized evidence in unlawful search seizure – inadmissible in evidence
213. Which of the following are public documents?

1.The written Officials acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and
public officers
II. Documents executed by private persons and acknowledge before a notary public I
II. Public records, Kept in the Philippines, of private documents required by law to be entered therein
A. I, II, III
B. I, III
C. I, II
D. II, III
214. The accused was convicted for an offense the penalty of which is less than 6 years of imprisonment.
He is qualified for probation. What advice will you give to the convict?
A. That in case the penalty for the crime committed is more than 6 years and upon appeal was reduced to less than 6
years he can still apply for probation
B. That if he will apply for probation, he cannot anymore appeal his case once his application for probation is denied
C. That if he files his appeal, he cannot anymore be allowed to apply for probation in case his appeal is
denied
D. All of these
215. Pre-trial process is where the parties stipulate on facts and evidence. What in general, is the purpose of Pre-
trial?
A. To settle the civil aspect of the criminal case
B. To comply with the order of the court to expedite the court process
C. To determine matters that will promote a fair and expeditious trial of the case
D. To determine if the accused will enter into a plea of guilty
216.A hired B as an employee, and in the contract of employment, the salary of B was pegged at P100,000.00 a month.
Later, A refused to pay B P100,000.00 because according to him, he and B had a verbal agreement that B's salary is
conditional in that if the business did not turn out well, then the supposed salary of B would only P50,000.00 a month.
Under the facts, A cannot introduce in court such a verbal agreement over the objection of B that such verbal agreement
is a violation of what rule?
a. Employment contract rule
b. Parol evidence rule
c. Original Document Rule
d. Best evidence rule
217. The crime committed is punishable by imprisonment of at least 4 years, 2 months and 1 day. The crime was
committed in the province. Where should the complaint be tried in order to initiate the criminal action?
A. To file the information directly to the Regional Trial court
B. At the police station for warrantless arrest and inquest proceedings.
C. At the prosecutor’s office for the conduct of preliminary investigation.
D. To file the complaint directly with the Municipal Trial Court.
218. A person is about to commit a crime in your presence. As a police officer, what would the appropriate course of
action to do considering that the crime is yet to be consummated?
A. To identify the person and file a case for preliminary investigation
B. To detain a person while waiting for the issuance of the warrant.
C. To wait for the crime to be consummated, before arresting the person.
D. To arrest the person even without a warrant of arrest.
219. The accused is charged for light felony with alternative penalty of payment of fine of not exceeding P200.00. He
has been detained for more than a month already. A plea of guilty is possible, as a criminologist, your BEST advice is
to _____

A. Plead guilty to the crime charged and pay the fine of P200.00
B. Plead guilty, however, his plea of guilty will be entered on record
C. Plead guilty, considering that he has been detained for more than 1 month already the penalty is deemed
served already
D. Ask for the release from detention considering that he has been detained for more than one
month already without regard to the outcome of the case.
220. In order to determine the veracity of the testimony of the witness against him. The accused has
the right to______
A. Testify on his own behalf
B. Secure the presence of his witnesses in court
C. Has the testimony of the witnesses against him
D. Cross examine and confront the witnesses against him
221. What is this evidence which admission is dependent on its being obtained legally?
A. Conclusive
B. Material
C. Competent – not excluded by the CONSTITUTION, LAW, RULES
D. Relevant
222. The offender is a police officer with the rank of Superintendent. The crime committed is in violation of the Anti-
Graft law. The case shall be under the jurisdiction of the____
A. Metropolitan Trial Court
B. Regional Trial Court
C. Office of the Ombudsman
D. Sandiganbayan -SG 27
223. A person asked you for advice on how to file a case of concubinage against her husband. Which of the following
are allowed by the rules in order to initiate the filling of a concubinage case?
A. The case of concubinage can be initiated even without the complaint of the offended spouse
B. The case of concubinage can only be initiated by the complaint of the offended spouse
C. None of these.
D. The case of concubinage is a public offense, it can be initiated by the police
224. This is a remedy available to any person whose right to life, liberty and security is violated or threatened with
violation by an unlawful act or omission of a public official or employee, or of private individual or entity. It shall cover
extralegal killings and enforced disappearances:
a. Writ of Amparo
b. Writ of Habeas Corpus – PRODUCE THE BODY
c. Writ of Habeas Data – RIGHT TO PRIVACY IN LIFE, LIBERTY AND SECURITY – DATA- INFORMATION
d. Writ of Kalikasan
225. This is a remedy available to a person whose right to privacy in life, liberty or security is violated or threatened
by an unlawful act or omission of a public official or employee, or a private individual or entity engaged in the gathering,
collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved
party:
a. Writ of amparo
b. Writ of habeas corpus
c. Writ of habeas data
d. Writ of kalikasan
226. An individual approached and asked you on how to file a case against another. The act complained of happened
more than 1 week ago. Upon initial inquiry, you learned that the act complained of is punishable with imprisonment of
more than 6 years. What will be your advice?
A. To proceed with the complaint before the police station and request that a warrantless arrest be conducted
B. To proceed with the warrantless arrest and the conduct of inquest proceedings
C.To proceed with the direct filing of the case before the prosecutor’s office for the conduct Of
preliminary investigation
C. To file the case directly with the Regional Trial Court
Jurisdiction – RTC – 6 YEARS PATAAS

MTC – 6 YEARS AND BELOW

227. In all criminal cases, the accused is presumed innocent. Thus, the prosecution has the burden of proof. Between
the accused and prosecution who should present the evidence first?
A. The accused
B. The prosecution -EXCULPATORY EVIDENCE – SELF DEFENSE – MODIFICATION – REVERSE TRIAL –
DEFENSE -
C. It is up to the court
D. None of these
228.. If Marcello is a resident of Valenzuela City but he committed the crime in Manila against Cassie who is resident
of Caloocan City, the case should be filed in_____
A. Caloocan City where Cassie is a resident
B. Manila, where the crime was committed
C. Any prosecutor’s office in Metro Manila
D. Valenzuela city where Marcello is a resident
226. What is the treatment of the court on evidence that is determined to be incompetent?
A. Inclusion
B. Archive
C. Admission
D. Exclusion
227. He has general administrative supervision over all the personnel of the court. He is primarily accountable for
all funds that are collected for the court:
a. Branch Clerk of Court
b. Presiding Judge
c. Stenographer
d. Officer in charge
228. A person who types every word said during the trial:
a. Clerk of Court
b. Presiding Judge
c. Stenographer
229. The legal officer who presides over the courtroom and directs and controls the trial. A man of learning who spends
tirelessly weary hours after midnight acquainting himself with the great body of traditions and the learning of the law:
a. Clerk of Court
b. Presiding Judge
c. Stenographer
230. A public official who brings the government's case against a person accused of a crime and asks the court to
convict that person. He is more popularly known as the "fiscal”,
a. Public prosecutor
b. Legal researcher
c. Interpreter
d. Sheriff
e. Process server
231. His function is verifying legal authorities, drafting memoranda on evidence, outlining facts and issues in cases set
for pre-trial, and keeping track of the status of cases. He verifies authorities on questions of law raised by parties-
litigants in cases brought before the Court:
b. Legal researcher
c. Interpreter
d. Sheriff
e. Process server
232. He acts as translator of the court, administering oaths to witnesses, calendar, prepares and signs minutes of the
court session; maintains and keeps custody of record book of cases calendared for hearing; prepares court
calendars and the records of cases set for hearing:

b. Legal researcher
c. Interpreter
d. Sheriff
e. Process server
233. He is tasked with serving writs and processes of the court; keeping custody of attached properties; and
maintaining the record book on writs of execution writs of attachment, writs of replevin, writs of injunction, and all
other processes:
b. Legal researcher
c. Interpreter
d. Sheriff
e. Process server
234. His primary duty is to serve court notices. He ensures that all notices assigned to him are duly served on the
parties. It is through him that defendants learn of the action brought against them by the complainant, More
importantly, it is also through him that the trial court acquires jurisdiction over the defendant:
b. Legal researcher
c. Interpreter
d. Sheriff
e. Process server
235. Court employees are not allowed to take any court records, papers or documents outside the court premises.
The reason for this is that
a. Rule 132 Section 26 of the Rules of Court says: Immovability of public record. - - Any public record, an official
copy of which is admissible in evidence, must not be removed from the office in which it is kept, except upon order of
a court where the inspection of the record is essential to the just determination of a pending case.
b. there is great danger that the public record might be lost in the process of transportation from one place to
another
c. Both a and b
d. None of these
236. It is the principal law office of the government in extending free legal assistance to indigent persons in criminal,
civil, labor, administrative and other quasi-judicial cases:
a. Department of Justice
b. Office of the Solicitor General
c. Ombudsman
d. National Prosecution Office
e. Public Attorney's Office
237. Police officers who appear in court must be in proper uniform. As law enforcement officials, they are also
expected to give the court the respect due it by being in proper attire. This means that
a. since they are in proper uniform, these police officers are allowed to bring their guns, properly holstered, inside the
courtroom
b. they cannot bring their guns inside the courtrooms
c. they should appear in full battle gear and uniform complete with hand grenades and face paint and ride in
armored personnel carrier in attending court hearings
d. they testify in civilian clothes
238. It is disobedience to the court by acting in opposition to its authority, justice and dignity:
a. Disrespect of court
b. Ungratefulness to the court
c. Contempt of court
d. Conduct unbecoming
239. It is one committed in the presence of, or so near a court or judge, as to obstruct or interrupt proceedings
before it:
a. Direct contempt
b. Indirect contempt – malayo
c. Semi-contempt
d. Gross contempt of court

240. Which of these is one of the common reasons for the dismissal of drug cases?
a. Failure to attend and testify in court as prosecution witnesses of arresting officers
b. Diligent attendance in court of the arresting officers
c. Well-prepared testimony of the witnesses
d. Well-prepared prosecution lawyer
241. During the presentation of evidence for the defense, the accused testified. During the cross examination, he was
asked questions which may point to his guilt on some other crime. What is the right that the accused may invoke?
A. The right to counsel and for objection to such question
B. The right to remain silent
C. The right not to be a witness against himself
D. The right against self-incrimination
242. Robbery with homicide is committed when the____

A. Commission of the robbery is accompanied by homicide
B. Killing resulting from robbery is not parricide, murder or infanticide
C. Commission of robbery is accompanied by crimes of homicide only
D. Crime of homicide was committed on the occasion of robbery – special complex crime –
composite crime
243. The accused was present during arraignment and he entered his plea. Despite notice and the issuance of warrant
for his arrest, the accused remains absent. what should the court do in this kind of situation?
A. Proceed with the trial of the case dispensing the presentation of evidence of the accused
B. None of these
C. Not to proceed with the trial of the case because the accused has the right to confront the witnesses
D. Proceed with the trial of the case in absentia of the accused -TRIAL IN ABSENTIA
Requisites
1. Accused has been arraigned
2. Notified of the trial
3. He failed to appear
4. Failure to appear is unjustifiable
244. Which of these is the latest definition of documentary evidence?

a. Documents as evidence consist of writings, recordings, photographs, or any material containing
letters, words, sounds, numbers, figures, symbols, or their equivalent, or other modes of written
expression offered as proof of their contents. Photographs include still pictures, drawings, stored
images, x-ray films, motion pictures or videos.
b. Documents as evidence consist of writing or any material containing letters, words, numbers, figures, symbols,
or other modes of written expression offered as proof of their contents.
c. Both a & b
d. Documentary evidence is a document which is not oral and can be seen by the naked eye.
A is a police officer. B is the offender. C is the victim.
245.. From the forgoing situation, suppose that an investigation was conducted for the death of C and after more than
6 years of investigation, A discovered that B is the perpetrator and is dead already. The wife of C wanted to pursue
the filing of the criminal case. What advice can you give to the wife of EDWARD?
A. That the death of B does not result to civil liability
B. That the death of B absolutely extinguishes the criminal liability
C. That the death of B does only partially extinguishes the criminal liability
D. None of the above
246. From the foregoing situation, suppose that B manifested his intention to apply for parole, what is your advice to
B?
A. that parole cannot be granted considering the opposition of the wife of C
B. That he should serve first the minimum of his penalty
C. That he is not qualified because the penalty for murder is reclusion perpetua
D. None of these
247. From the foregoing situation, suppose that C after the crime of coup d’ etat manifested to you that he wanted to
avail amnesty. What will be your advice to him?
A. That he is not qualified because coup d’ etat is a crime against those in the government

B. That he is not qualified considering that crime committed is highly political
C. That he should get a recommendation from the Office of the President and to be concurred by
Congress
D. That he should get a recommendation from the Office of the President and to be concurred by at
least a majority of both Houses of Congress voting separately
248. From the foregoing situation, suppose that C after conviction pending appeal, manifested to you that he wanted
to avail absolute pardon, what will be your advice to C?
A. That he is not qualified because coup d’ etat is a crime against the President
B. That he should get it from the President without concurrence of the senate
C. That he is not qualified because the conviction is not yet final
D. That he is not qualified considering that the crime committed is highly political
249. A was convicted by final judgment of theft. While he was serving sentence for theft, he was found in possession
of marijuana. He was charged with possession of dangerous drugs under RA 9165, and was found guilty therein. Is A
considered a quasi-recidivist?
a. Yes, A is considered a quasi-recidivist because he was serving sentence when he was found in possession of
dangerous drugs.
b. No, A is not a quasi-recidivist for the reason that offense for which he was serving sentence is different from
the second offense for which he was convicted anew.
c. No, A is not a quasi-recidivist for the reason that the second offense is not a felony or one which
is punishable by the Revised Penal Code.
d. No, A is not a quasi-recidivist because A should have served out his first sentence first prior to conviction for
the second offense.
A is the Police Officer. B is the offender. A arrested B without a warrant for the commission of a crime
250. From the foregoing situation, suppose that the crime committed by B is under the law punishable by imprisonment
classified as less grave offense. When may A be liable for arbitrary detention?
A. He will be liable for arbitrary detention if he fails to deliver B to proper judicial authorities within 12 hours
from the time of arrest
B. He will not be liable for arbitrary detention considering that the arrest is based in legal grounds
C. He will not be liable for any crime because he arrested B for the commission of a crime
D. He will be liable for arbitrary detention if he fails to deliver B to proper judicial authorities within 18
hours from the time of arrest
251. From the foregoing situation, suppose that the crime committed by B is under the law punishable by imprisonment
classified as grave offense. When should A deliver B to proper judicial authorities to avoid committing arbitrary
detention?
A. More than 36 hours
B. Within 12 hours
C. Within 18 hours
D. Within 36 hours
252. From the foregoing situation, as provided by law, A should deliver B to proper judicial authorities. Proper
Judicial Authorities mean ___
A. Filing of information to the prosecutor’s office
B. Filing of information in court of competent jurisdiction
C. Physical delivery of the person to the prosecutor’s office
D. Filing of complaint at the Prosecutor’s office for inquest
253. A was applying for a Philippine passport. She has been “Tago ng Tago” in Japan for so long. B agreed to issue
a new passport after having sexual intercourse with B in the latter’s house. Is B criminally liable to our criminal law?
A. No, Japan criminal law is not applicable to him
B. Yes, the crime committed is in relation to his official function
C. No, the crime was committed in Japan
D. None of these
A is the offender. B is the Victim
254. From the foregoing situation, suppose that A killed B. The latter is not related to A. The age of B is less than 12
years old. What is the crime committed by A?

A. Murder
B. Parricide
C. Infanticide
D. Homicide
255. From the foregoing situation, suppose that A killed B. The latter is the niece of A. The age of B is less than 12
years old. What is the crime committed by A?
A. Infanticide
B. Parricide
C. Homicide
D. Murder
256. From the foregoing situation, suppose that A killed B. The latter is not related to A. The age of B is more than 12
years old. The killing is attended by any of the circumstances stated in Article 248 of the Revised Penal Code.
What is the crime committed by A?
A. Murder
B. Parricide
C. Homicide
D. Infanticide
A is the Offender. B is the Victim
257.. From the foregoing situation, suppose that A killed B. The latter is A’s illegitimate daughter. B is less than
12 years old. What is the crime committed by A?
A. Murder
B. Infanticide
C. Homicide
D. Parricide
258. From the foregoing situation, suppose that A killed B. The latter is B’s illegitimate daughter and the age is merely
3 days old. What is the crime committed by EDWARD?
A. Infanticide
B. Parricide
C. Homicide
D. Murder
259. A woman alleges she had been raped. But there were no signs of physical injuries on her arms and legs. Can the
rape case still proceed even in the absence of signs of physical injuries, and the alleged rape incident happened in a
place where people usually pass by?
a. Yes, in rape causes, injury to the body is not important since the gravamen of rape is sex with the victim
against her will or without
her consent; physical injury is not an element of rape.
b. No, in the absence of physical injuries, it is highly improbable that the alleged rape victim had been defiled
against her will. Absence of physical injury is evidence that she gave her consent.
c. No, in the absence of physical injuries, the alleged sexual intercourse against the will of the woman is now
put into doubt, since all women who have been raped have shown sign signs of bodily and vaginal injuries.
d. Yes, court takes judicial notice that rapes can be committed in any place even in places where people usually
pass-by.
e.a and d
260. Which of these accurately reflects the parental and filial privilege rule?
a. Parental and filial privilege - No person may be compelled to testify against his parents, other
direct ascendants, children or other direct descendants.
b. Parental and filial privilege - No person shall be compelled to testify against his or her parents, other direct
ascendants, children or other direct descendants, except when such testimony is indispensable in a crime against that
person or by one parent against the other.
c. Only the parents cannot testify against the descendant but not the other way around.
d. Only the children cannot testify against the parents but not the other way around
261. The accused voluntarily confessed his crime to a newspaper media man. During the confession, the accused had
no lawyer. Is this confession admissible?

a. Yes, confession to media man needs no lawyer since a media man is a private person and the accused
is not under custodial investigation at that time
b.No, confession to media man is confession to agents of the state
c. No, because the accused should be always assisted by a lawyer at all times whether or not under custodial
investigation
d. Yes, it is admissible.
262. In criminal cases, an offer of compromise by the accused may be received in evidence as an implied admission of
guilt except ____
a. those involving quasi-offenses (criminal negligence) or those allowed by law to be compromised.
b. in rape cases
c. in plunder cases
d. Both b and c
263. X is an accused in a criminal case for consummated murder. X tried to settle the case with the family of the
offended party. X's act of settling the case is ____.
a. an offer of compromise and implied admission of guilt
b. an offer of compromise and is not an implied admission of guilt
c. a quasi-confession of guilt
d. an offer to settle the case to buy peace
264. X is accused of rape. The mother of X, without X's knowledge, went to the house of the supposed rape victim and
tried to settle the case. The act of X's mother is ____
a. an offer of compromise and is admissible against X
b. an offer of compromise on her part only and cannot imply any admission on the part of X
c. a foolish act
d. All of the above
265. X is an accused in a reckless imprudence case resulting in homicide (a quasi-offense). X went to the
relatives of the offended party and offered to settle the case in the hope that the family of the victims might withdraw
the criminal case. X's act of settling the case is
a. an offer of compromise and implied admission of guilt
b. an offer of compromise and is not an implied admission of guilt, since this involves quasi-offense
c. a quasi-confession of guilt
d. an offer to settle the case to buy peace
266. The Latin statement, "res inter alios acta nocere non debet," means
a. the law may be harsh but it is the law
b. the welfare of the people is the supreme law
c. there is no crime if there is no law punishing it
d.the rights of a party cannot be prejudiced by an act, declaration, or omission of another
267. The father of X admitted on television that his son is a robber. This statement of the father against his son is not
admissible against the son because of ___.
a. res inter alios acta rule
b. dying declarations
c. res inter alios acta rule # 2
d. common reputation
268. 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 possible for
him to do so, may be given in evidence
against that party. This is known as
a. admission
b. declaration against interest
c. admission by silence
d. extrajudicial confession
269. x was brought before the municipal hall by angry townspeople and everybody was cursing and pointing at him,
imputing to him that they caught him in the act snatching the purse of a jeepney passenger. Despite of these
accusations, X merely bowed his head and said nothing. X's silence is considered as a/an
a. admission by silence

b. admission
c.confession
d. implied admission
270. Evidence that one did or did not do a certain thing at one time is not admissible to prove that he did or did not
do the same or similar thing at another time. This is
a. previous conduct as evidence
b. similar acts as evidence
c. res inter alios acta alteri nocere non debet part II
d. All of the above (FINAL ANSWER: BEST ANSWER)
271. A is accused of parricide for allegedly having killed his father in 2020. Can the prosecution present the following
evidence to prove his propensity in killing his father: in 2019, A tied his father to a papaya tree; in 2018, A tried to
drown his father, and, in 2017, A tried to throw his father to the pool.
a. No, because of previous conduct as evidence.
b. No, because of similar acts as evidence.
c. No, because of res inter alios acta alteri nocere non debet part II
d. All of the above (FINAL ANSWER: BEST ANSWER)
272. A testified that B has committed snatching several times on the same street. Can the court admit this testimony
as evidence against B?
a. Yes, as part of res gestae.
b. Yes, as a dying declaration.
c. No, since he had no personal knowledge.
d. No, because under the similar conduct as evidence rule, evidence of guilt of a past crime is not evidence
of guilt of a present crime.
273. It is a statement other than one made by the declarant while testifying at a trial or hearing, offered to prove the
facts asserted therein. It is inadmissible. It is such when its probative force depends in whole or in part, on the
competency and credibility of some persons other than the witness by whom it is sought to produce it:
a. Hearsay
b. Dying declarations
c. Parts of the res gestate
d. All of these
274. The declaration of a dying person, made under the consciousness of an impending death, may be received in
any case wherein his or her death is the subject of inquiry, as evidence of the cause and surrounding circumstances
of such death. This is
a. dying declaration
b. declaration in articulo mortis
c. ante-mortem statement
d. declaration at the point of death
e. All of these (FINAL ANSWER: BEST ANSWER)
275. X was standing in front of his own house when suddenly, he fell down as he was gunned down by a group of
men. X',s wife immediately rushed to his aid and upon seeing his wife, X said in a weak voice: "Kung ako ay bibigyan
pa ng Diyos ng pangalawang buhay, hindi maaaring hindi mananagot si Bebot at si Frankie. "X died. Bebot and
Frankie may be convicted based on X's
a. dying declaration
b. admission
c. confession
d. learned treatises
276. X saw his grandmother sprawled on the ground and bloodied. X asked: "Nang, what happened?" The grandmother
answered: “Si Paqui”. The grandmother's statement cannot be admitted as a dying declaration because a dying
declaration must be
a. complete in itself
b. corroborated
c. conclusive
d. witnessed by at least two witnesses.

277. . X saw Y bloodied and sprawling on the ground. X asked this question: "Tio, who wounded you?" Y answered:
“You ask your Tia". May the Tia be\convicted of murder based on the statement of Y and consider the same as a dying
declaration?
a. Yes, because Y's statement is a dying declaration.
b. No, because the statement of Y is not clear, unequivocal or precise as to who wounded him.
c. Yes, because at least that seems to be the tenor of what Y wanted to say.
d. Let's leave it up to the judge to answer this very hard question. s
278. Dying declaration is admissible only in violent crimes, such as murder, when the declarant is ____.
a. the doer of the crime
b. the victim of the crime
c. the victim of the crime who must eventually die
d. the witness in the crime
279. X was shot by Y in the course of a robbery. On the brink of death, X told w, a barangay tanod, that it was Y who
shot and held him up. In the trial for robbery with homicide, X's declaration can be admitted only as a dying declaration
to prove
a. robbery
b. homicide
c. robbery and homicide
d. anything
280. Statements made by a person while a startling occurrence is taking place or immediately prior or subsequent
thereto, under the stress of excitement caused by the occurrence, with respect to the circumstances thereof, may be
given in evidence as ____ So, also, statements accompanying an equivocal act material to the issue, and giving it a
legal significance, may be received as part of the res gestae (spontaneous statements or exclamations/verbal act).
a. res gestae
b. parts of the res gestae
c. dying declaration
d. All of these
281. X killed his employer inside the employer's bodega. Immediately after having killed his employer, X called upon Y,
the security guard of the bodega, and told the latter that he (X) had just killed their employer. Y, shocked and
bewildered, immediately phoned the police. X's statement to Y may be used in evidence against X as
a. judicial confession
b. parts of the res gestae
c. dying declaration
d. declaration about pedigree
282. A beat Y to death. Before Y died, Y's grandmother brought him to the hospital. The grandmother had hysterical
outburst at the hospital telling and screaming that it was A who killed Y. By the time of the trial, the grandmother is
already dead. The outburst may be treated as
a. parts of res gestae
b. dying declaration
c. admission
c. dead man statute
283. Ms. M was kidnapped by four (4) sex-crazed men, was brought to a hotel, and was forcibly raped there repeatedly.
Luckily, Ms M was able to slip away from the gang, and immediately run homeward bound. Upon meeting her
mother, Ms. M immediately uttered to her mother, "Mommy, I was raped!". How would you describe the statement
made by Ms. M?
a. Extrajudicial confession
b. Dying declaration
c. Parts of the res gestae
d. All of these
284. To prove payment of a debt, A testified that he heard B say, as the latter was handing over money to C, that it
was in payment of a debt. Is A's testimony admissible in evidence?
a. Yes, since what B said and did is an independently relevant statement.
b. No, since what B said and did was not in response to a startling occurrence.
c. No, since A's testimony of what B said and did is hearsay.
d. Yes, since B's statement and action, subject of A's testimony, constitutes a verbal act.

285. The declaration made by a person deceased or unable to testify against the interest of the declarant, if the fact
asserted in the declaration was at the time it was made so far contrary to the declarant's own interest, that a
reasonable person in his or her position would not have made the declaration, unless he or she believed it to be true,
may be received in evidence against himself or herself, or his or her successors in interest, and against third persons.
A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible
unless corroborating circumstances clearly indicate the trustworthiness of the statement. This is_______.
a declaration against interest
b. declaration about pedigree
c. common reputation
286. A and B engaged each other in a duel. B died instantly. A, on the other hand, bloodied and wounded, went to
the city hall and made sworn statement that he was the one responsible for killing B and nobody else. A died also
thereafter. A few days thereafter, C, a friend of A, is accused of killing B. In this case, C may be acquitted on the
basis of A's ______.
a. declaration against interest
b. dying Declaration
c.declaration against pedigree
d. former testimony or deposition
287. The act or declaration of a person deceased or unable to testify, in respect to the pedigree of another person
related to him or her by birth, adoption, or marriage or, in the absence thereof, with whose family he or she was so
intimately associated as to likely have accurate information concerning his or her pedigree, 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. The word "pedigree" includes relationship, family genealogy, birth, marriage,
death, the dates when and the places where these facts occurred, and the names of the relatives. It
embraces also facts of family history intimately connected with pedigree. This
is
b. declaration about pedigree
288. A and B (who had no family of his own) are brothers. During his lifetime, A declared that C is not his son. Now
that A is dead, can C inherit from B?
a. Possibly no, because of the declaration of pedigree made by A.
b. No, because of declaration against interest.
c. Yes, if the law allows it.
d. Yes, because of the parts of the res gestae and dying declarations of A.
289. The reputation or tradition existing in a family previous to the controversy, in respect to the pedigree of any one
of its members, may be received in evidence if the witness testifying thereon is also a member of the family, either by
consanguinity, affinity, or adoption. Entries in family bibles or other family books or charts, engraving on rings, family
portraits and the like, may be received as evidence of pedigree. This is
b. family reputation or tradition regarding pedigree

CLJ Red Tips

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

CLJ Red Tips

Uploaded by

Copyright:

Available Formats

ARC's RED TIPS 2021

CRIMINAL JURISPRUDENCE, PROCEDURE AND

Amici Review Center Page 1

Amici Review Center Page 2

6. The crime committed is a victimless crime. Upon service of the

Amici Review Center Page 3

EXECUTIVE JUDGES RTC MANILA at RTC QC – AUTHORIZED TO ISSUE SW – ENFORCEABLE NATIONWIDE

Amici Review Center Page 4

Amici Review Center Page 5

*SEDUCTION – ENTICED WOMAN TO UNLAWFUL SEXUAL INTERCOURSE – PROMISE OF MARRIAGE

Amici Review Center Page 6

*VIOLATION OF DOMICILE – PUBLIC OFFICER OR EMPLOYEE

DUPLICITIOUS INFORMATION; 1 CHARGE – 1 INFORMATION; 2 CHARGES 2 INFORMATIONS- kapag 2 charges nasa

15. Which of these is parricide?

Amici Review Center Page 7

Post judgement remedies – new trial, reconsideration – appeal

19. Which of the following facts needs evidence?

DISCRETIONARY JUDICIAL NOTICE

HEARSAY – DYING DECLARATION – EXCEPTION

Amici Review Center Page 8

Insert ko lang baka makaligtaan:

Amici Review Center Page 9

Amici Review Center Page 10

30. A imagines killing B. A is not criminally liable because_______.

Amici Review Center Page 11

Amici Review Center Page 12

Amici Review Center Page 13

52. Which among the following is an absolutory cause in trespass to dwelling?

Amici Review Center Page 14

Amici Review Center Page 15

70. A snatched the bag of B and run away. A committed

71. A snatched the bag of B and run away. He did the

Amici Review Center Page 16

76. X, by force, took the tires of a parked automobile. This is____.

Amici Review Center Page 17

Amici Review Center Page 18

Art. 301 (1), a ship is covered by the term inhabited house

The accused only had physical or material possession, - theft

Amici Review Center Page 19

Amici Review Center Page 20

Amici Review Center Page 21

Province: Preliminary Investigation – Fiscal

Amici Review Center Page 22

Exception: Pateros – rules on province OFFICE OF THE CITY PROSECUTOR – 10 DAYS –

115. Which of these is not an absolute extinction of criminal liability?

Amici Review Center Page 23

120. In relation to the immediately preceding question, which ground for a

Amici Review Center Page 24

GR; PROSPECTIVITY – prospectively not retroactively – pasulong – pauna – sa mangyayari pa lamang –

EXCEPTION TO THE EXECEPTION – BABALIK KA SA GR

6 YEARS AND BELOW PRIVATE COMPLAINANT – ABSENT

Amici Review Center Page 25

Amici Review Center Page 26

Amici Review Center Page 27

144. Intelligence is an element of felony. To prove otherwise, is to prove the accused is

Amici Review Center Page 28

152. The crime of coup d’ etat is committed_______________.

155. Which of the following are crimes mala in se?

MALA IN SE- PLURAL MALA PROHIBITA – PLURAL

Amici Review Center Page 29

161. Which of these is punishable?

Amici Review Center Page 30

Amici Review Center Page 31

170. An evidence obtained is considered as incompetent if ___________.