POST TEST JURISPRUDENCE

1.1. Criminal law (BOOK1) 1to 18 (18 POINTS)

1. Which among the following best described the moving power w/c impels one into
action for definite result?
A. Intent C. Mala In Se
B. Motive D. Ignomita Facti Excusat
2. When Rocky starts to commit indirectly by overt acts a crime under the RPC but does
NOT perform all the acts of its execution because an accident other than his own
spontaneous desistance , what stage in the commission of crime would his case fall?
A. Attempted C. Mala in se
B. Frustrated D. None of these
3. Who shall enter a plea of guilty?
A. His counsel de oficio C. Defendant himself in open court
B. Self-confessed accused D. His authorized counsel
4. Under the law, what is known as an act w/c would be an offense against person or
property, were if not for the inherent impossibility of his accomplishment, or on
account of the employment of inadequate or ineffectual means?
A. Mala prohibita C. Incomplete Crime
B. Mala in se D. Impossible Crime
5. Where a woman was carried by the accused a distance of 5 meters from the place
where she was grabbed, but left her because of her screams, what crime was
committed?
A. Attempted serious illegal detention C. Grave Coercion
B. Frustrated Serious illegal detention D. Light Coercion
6. W/c of the following crimes over w/c the Philippine laws have jurisdiction even if
committed outside the country?
A. Espionage C. Treason
B. Piracy & Mutiny D. All of these
7. W/c among the following is NOT a requisite for evident premeditation & therefore
should NOT be appreciated?
A. Sufficient interval of time between the time crime was conceived & actual
perpetration
B. One day meditation/reflection & offer reward to killer
C. Time when offender planned to commit the offenses
D. Sudden outburst of anger
8. W/c characteristics of criminal lawis described by the following statement? Criminal
laws are undertakento punish crimes committed in Philippine territory?
A. General C. Territorial
B. Preferential D. Prospective
9. What is the basis of exempting a person from criminal liability under Art. 12 for the
RPC?
A. Complete absence of intent C. Complete absence of freedom of action
B. Complete absence of intelligence D. None of the above
10. Who is excempt in all cases?
A. An imbecile C. A person under 9 yrs of age
B. An Insane D. All of the above
11. What is meant by DISCERNMENT under paragraph 3 Art. 12 of RPC?
A. It is the mental capacity of a minor between 9 & 15 yrs. of age to fully appreciate the
consequence
B. It is the ability to grasp the significant factors of complex problems of a new situation
C. It is the mental capacity to understand between right & wrong
D. Some of these
12. Who are criminally liable when having a knowledge of the commission of the crime,
w/o having principally participated therein, takes part subsequent to the
commission, either profiting by the effects of the crime or concealing or destroying
the body of the crime?
A. Witness C. Principals
B. Accomplices D. Accessories
13. In filling a complaint or information, how is the real nature of the crime charged
determined?
A. Title at the charge sheet C. Facts cited at the complaint or information
B. Law specifically violated D. Evidence to be presented
14. Crimes Mala In Se are punishable under the RPC while crimes unde mala prohibita
are punished under special laws. This statement is ______.
A. Unacceptable C. Wrong
B. NO legal basis D. Correct
15. What is the accusation made in writing charging a person w/ an offense, subscribed
by the prosecutor & filed with the court?
A. Information C. Affidavit
B. Complaint D. Counter-Affidavit
16. The legal term DELITO COMPUESTO (compound crime) is best described as:
A. Two acts producing 2 or more grave or less felony
B. A single act producing 2 or more grave or light felony
C. A single act producing 2 or more grave or less felony
D. A crime is necessary means of committing another crime
17. The stage of execution affect the penalty imposable in crimes mala in se, there are
no stages of execution in crimes of mala prohibita. The statement is __________?
a. Correct c. Has no legal basis
b. Wrong d. Defends on the rule of court
18. What is the effect of the death of the offended party in a criminal action fro libel?
 a. The criminal liability is partially extinguished
b. The criminal liability is NOT extinguished
c. The criminal liability is extinguished
d. No effect at all

1.2 CRIMINAL LAW (BOOK 2) 19 TO 55 (37 POINTS)

19. Which of the following is continuing offense?

a. After uttering defamatory words against the offended party the accused attack
and assaulted the latter, resulting in slight physical injury.
b. The accused after robbing the house proceeded to rob another house and then
to another where the third robbery was committed.
c. A thief taker from the yard of the house two game roosters belonging to two
different owners.
d. None of these
20. What crime exist when a single act constitute two or more grave or less grave
felonies or when an offense is necessary mean s for committing the other?
a. Compound c. Continuing
b. Complex d. Composite
21. Under R.A 9344, a child who is vulnerable to and at the risk of committing criminal
offenses because of personal, family and social circumstances is referred to as:
a. Child in conflict with the people c. Child at risk
b. Unwilling child offender d. Child in conflict with the Law
22. Juliet, a minor pretend she was legal age and executed a deed of sale where she sold
a property she inherited in favor of Mrs. Chongkee. After the consummation of said
contract, what legal action can Laura take?
a. She can recover the property by seeking annulment of contract
b. She can recover the property on the ground of estoppels
c. She may apply for the recession of the contract
d. She can rescind the contract
23. Which among the following is not requisite for the evident premeditation and
therefore should not be appreciated?
a. Sufficient interval of time between the time crimes was conceived and actual
perpetuation.
b. One day meditation/reflection and offered reward killer.
c. Time when offender planned to commit the offenses.
d. Sudden outburst of anger.
24. Police operatives in order to ensure conviction of the suspects were caught in the
CCTV camera planting evidence. They may be held liable for what offense?
a. Incriminatory machination c. Libel
b. Slander d. Slander by dead
25. Mary Jane a university professor having carnal knowledge with her student is guilty
of what crime?
a. Qualified seduction c. Acts of lasciviousness
b. Adduction d. Rape
26. PO3 Romblon stole a pistol of the division chief from the locker using the owner’s
key. What crime was committed?
a. Estafa c. theft
b. Damage to property d. Robbery
27. Mr. Alpha burned the car of his dead victim Ms. Gloria to hide the body of the crime?
What crime was committed?
a. Homicide with arson c. Murder
b. Complex crime d. Arson with Homicide
28. What is the period of prescription of crimes punishable by death, reclusion perpetua
or temporal.
a. 5 years c. 15 years
b. 10 years d. 20 years
29. A composite crime or a special complex crime or single indivisible offense is
composing of two or more crimes but in the eyes of the law, the offender incurs only
one criminal liability. The following are examples. Except.
a. Rape with Homicide d. kidnapping with homicide
b. Robbery with Homicide e. None of these
c. Malversation through falsification
30. During the pendency of his criminal case Lauro died due to cardiac arrest. What
would be the result due to his untimely death?
a. Postponement of the case d. Suspension of the case
b. Termination of the proceedings e. None of these
c. Dismissal of the case for lack of respondent
31. If the accused dies before the arraignment of his case, what will happen to the
criminal action?
a. Terminated d. Dismissed
b. Dissolved e. None of these
c. Absolved
32. How many criminal information should be filed in the complex crimes?
a. Only one information
b. Two information shall be filed
c. It depends on the crime committed
d. Complex crimes requires many criminal information
33. Which of the following constitute a case of falsification?
a. Committed by a public officer
b. Alteration of a public document
c. Use of false identification card
 d. Believing that he bribed a public officer
e. All of these
34. If Ms. Santos aided Mr. Salonga as a public authority and the former was assaulted.
What crime is committed against him?
a. Indirect assult c. Assult
b. Direct assult d. none of these
35. Jhonny was able to have sex with his girlfriend by promising her with marriage and
the car. What crime was committed?
a. Seduction c. Rape
b. Abduction d. Acts of lasciviousness
36. A male student ripped the dress of a teacher and rubbed his pines over the woman’s
genital without taking of her underwear is liable for what crime?
a. Seduction c. Forcible abduction
b. Acts of lasciviousness d. Rape
37. What is meant by “discernment” under paragraph 3 article 12 of the revised penal
code?
a. It is the mental capacity of a minor between 9 and 15 years of age to fully
appreciate the consequence.
b. It is the ability to grasp the significant factors of a complex problem of a new
situation.
c. It is a mental capacity to understand the difference between right and wrong
d. Some of these.
38. Under R.A 9262, which of the following orders may be issued for the purpose of
preventing further acts of violence against a woman of her child?
a. Cease and desist order c. prohibitory order
b. Temporary restraining order d. protection order
39. Rolando killed Samuel out of rivalry for the love of Juliet what mitigating
circumstance is present?
a. Vindication of grave offense c. Provocation of threat
b. Passion and obfuscation d. Confession of guilt
40. Under R.A 9208, which of the following act is NOT considered trafficking in persons?
a. Maintaining of hiring a person to engage in prostitution or pornography.
b. Adopting a child for the purpose of involuntary servitude.
c. Organizing a beauty pageant among prostitutes.
d. Organizing travel plans with sexual service.
41. Luis saw Toto attacking (Toto’s) wife with a samurai Luis approach toto and struggled
for the possession of the weapon, in the course of which luis killed toto. What
justifying circumstance is present?
a. Defense of stranger d. self defense
b. Defense of relative e. none of these
c. Avoidance of greater evil of injury
42. It is the crime committed by a person who deliberately and without lawful cause,
follows the woman or her child and/or places the latter under surveillance in public.
a. Stalking c. Espionage
b. Phishing d. child abuse
43. What crime can be charged of one who retains a minor in his service against the
minor’s will and under the pretexts of reimbursing himself of a debt incurred by the
child’s parents?
a. Kidnapping d. exploitation of child labor
b. White slavery e. none of these
c. Inducing a minor to work
44. Where shall the arresting officer immediately bring an arrested wanted person?
a. Prosecutor c. issuing judge
b. Nearest police station or jail d. nearest court
45. Alma, a receiving teller of the cooperative savings bank, taking advantage of her
position appropriated the amount of P100, 000 that she had in her position. What
crime did Alma commit?
a. Qualified theft c. Estafa
b. Malversation d. theft
46. Under R.A No. 9165, what is the penalty for a PDEA agent found guilty of lending and
dangerous drugs and/or controlled precursor and essential chemical regardless or
quality and purity.
a. Death penalty
b. Life imprisonment to death and fine ranging from P500, 000 to P10, 000, 000
c. Imprisonment of 20 years and one day to life and fine ranging from P400, 000 to
500, 000
d. 12 years and 1 day to 20 years imprisonment and a fine ranging from 100, 000 to
500, 000.
47. When fire is used with the intent to kill a particular person who may be in a house an
that objective is attained by burning the house, the crime is ___________?
a. Arson only c. murder only
b. Arson with homicide d. homicide with arson
48. Which of the following is not an element of self-defense?
a. Unlawful aggression
b. Obedience to superior order
c. Lack of sufficient provocation on the part of the person defending him self
d. Reasonable necessity of the means employed to prevent or repel the attack.
49. Under republic act 9262, protection order may be issued for the purpose of
preventing further acts of violence against a human or her child. This may be filed by
any of the following except.
a. Barangay chairman c. city or municipal mayor
b. Lawyer of the victim d. barangay kagawad
 50. SPO3 Cabuloy’s superior officer fired him for no apparent reason SPO3 cabuloy lit a
rag soaked with gasoline and placed in near the wooden wall of his office to get
even. Only a small portion of the wall got burned because another employee put out
the fire. What crime was committed by SPO1 Cabuloy?
a. Arson c. Attempted arson
b. Frustrated arson d. Consummated arson
51. Felony committed by ant person who shall deprive another totally or partially of
some organs of reproduction.
a. Serios Physical injuries c. mutilation
b. Slight physical injuries d. Abortion
52. How many days does a child that was born before the marriage can be presumed as
legitimate?
a. 180 days d. 181 days
b. 190 days e. none of days
c. 191 days
53. Atty. Frank Luster a notary public issued as supposes copy of a deed of sale between
Efren and Ramon Corpuz, when in fact no such deed of sale was prepared by the
two. Atty. Luster is liable for-
a. Forgery c. Estafa
b. Falsification d. Fraud
54. In the violation of Batas Pambansa 22, how many days shall the check is presented?
a. 60 days c. 115 days
b. 90 days d. 120 days
55. Peter and Paul are board mates, Paul went out from their boarding house. Peter put
a chair to block the door. Suddenly a person is forcing to open the door block with
chair. Ask the person forcing to open the door; the person is not responding Peter
went to kitchen to get a knife. Paul force to open the door, and then peter struck
Paul with a knife. Paul died, what crime was committed by peter?
a. Mistake in blow c. mistake in fact
b. Error in personae d. mistake of identity

1.3 CRIMINAL EVIDENCE, 56 TO 70 (15 POINTS)

56. Which one of the following does not belong to the group?
a. Intent c. Negligence
b. Imprudence d. lack of skill
57. Are facts and circumstances that would lead a reasonable discreet and prudent man
to believe that and offensive has been committed and that the object sought in
connection with the offensive are in the place to be searched.
a. Search warrant c. Probable cause
b. Warrant of arrest d. Proof beyond reasonable doubt
58. How can evidence of survivorship be proven?
 a. By direct evidence c. by circumstantial evidence
b. By direct evidence d. None of the above
59. Which is the hearsay evidence rule?
a. Witness can testify only to those facts derived directly confident to him.
b. Witness can testify only to the facts derived from his perception.
c. Witness cannot testify what he overheard.
d. Witness is an expert testimony.
60. Which among the following is not a public document?
a. Accomplished municipal form with no signature.
b. Marriage certificates that are Xeroxed.
c. Deed of absolute sale duty notarized.
d. Baptismal certificates.
61. One of the two requisites of admissibility of evidence is when it is relevant to the
issue and what is the other requisite?
a. It observes continuity of rules c. it multiplies admissibility changes
b. it is not excluded by law or rules d. it has a heavy weight of evidence
62. Which of the following is required by rules for an evidence to be admissible?
a. Primary and best evidence c. relevant to the issue and competent
b. Direct and material to the issue of the case d. material and conclusive to the
fact in issue
63. These are evidence which results in the greatest certainly to the fact in question.
a. Competent evidence c. secondary evidence
b. Conclusive evidence d. primary or best evidence
64.
65.
66.
67.
68.
69.
70.
71.
72. The following persons are authorized to institute or commence criminal actions,
EXCEPT.
a. The spouse or relatives of a deceased victim
b. Public officer charges with the enforcement of the law
c. Peace officer
d. Prosecutor
73. What is the rule on criminal law about doubts?
a. Doubts duly annotated are resolved in favor of the accused
b. Proven doubts should be resolve in favor of the defendant
c. Verified doubts should be resolved in favor of the accused
 d. All doubts should be resolve in favor of the accused
74. The judgment rendered by the trial court changes the nature of the offense from
non-bailable to bailable. Where can bail application be resolved?
a. Appelate Court c. Trial Court
b. Regional Trial Court d. Metropolitan Trial Court
75. The jurisdiction of the court over the person of the accused is conferred or acquired
either by the following, except ________.
a. Voluntary appearance in court c. Under house arrest
b. Filling an application for bail d. Voluntary surrender
76. The Philippine Congress enacted RA 7877 on Feb. 14. 1995 primarily to protect
women for sexual harassment in specified places & activities. The law is known the:
a. Gabriela Silang Act of 1995 c. Anti Sexual Harassment Act of 1995
b. Anti Violence Against Women d. Gabriela Silang Act of 1995
and their Children
77. How many days is allowed by the rules of court for the accused to request for a
preliminary investigation after learning that complaint or information has been filled
w/o a preliminary investigation?
a. 5 days c. 15 days
b. 10 days d. 30 days
78. The jurisdiction of the courts in criminal cases is determined by the extent of the
penalty w/c the law imposes for the offense charged w/ the offense. This statement
is.
a. Probably True c. Absolutely true
b. Probably false d. Absolutely false
79. Any violation of Comprehensive Dangerous Drugs Act of 2002 regardless of the
imposable penalty, except when one of the parties involved is a minor is cognizable
by what court?
a. Regional Trial Courts c. Lower Courts
b. Municipal Courts d. Family Courts
80. Under the new constitution, who is empowered to change the venue or place of trial
in order to avoid miscarriage of justice?
a. DOJ c. DOJ
b. The President d. Supreme Court
81. W/c of the following special courts are also authorized to try or hear criminal cases?
a. Sandigan Bayan & Human Rights Commission
b. Sandigan Bayan & Court of Tax Appeal
c. Sandigan Bayan & Family Courts
d. Sandigan Bayan & Ombudsman
82. All except one are valid venues where may petition for suspension of criminal action
by reason of pending prejudicial question in civil proceedings?
a. The court conducting preliminary investigation
 b. The court where the criminal case is pending
c. The court where the civil case is pending
d. Office of the prosecutor
83. The following are procedures observed in witness examination:
a. Cross, direct, re-direct, re-cross examination
b. Direct, cross, re-direct, re-cross examination
c. Direct, re-direct, cross, re-cross examination
d. Cross, direct, re-cross, re-direct examination

PROBLEM: (84-85) Rudy was caught in flagrante delicto of killing Bobby by SPO2 Tango.
After Rudy was booked at San Pedro Police Station, SPO2 Tango executed an affidavit of
arrest. Likewise, the relatives of the victim & witness gave their respective sworn
statements in the police.

84. Under the rules the case against Rudy should be immediately referred to:
a. Prosecutor for inquest proceeding
b. Investigator for custodial investigation
c. Prosecutor for preliminary investigation
d. Investigator for tactical interrogation
85. In the absence or unavailability of the prosecutor in the criminal complaint for
homicide against Rudy may be filed directly by whom?
a. The Defense Counsel c. The judge
b. The Police Officer d. The spouse or relatives of the victim
86. The Preliminary Investigation is one of the features of what system of criminal
procedure?
a. Inquisitorial System c. Criminal Justice System
b. Accusatorial System d. Inquest Proceeding System
87. The accused was convicted before the Regional Trial Court. If the issue on appeal is
purely legal one, where shall the accused shall file his appeal?
a. RTC that has jurisdiction c. Court of Appeals
b. Sandigan Bayan d. Supreme Court
88. The silence of the accused during arraignment is considered –
a. Admission of guilt d. a plea of guilty
b. An evidence of guilt e. none of these
c. Not guilty
89. When may the accused admitted to bail be allowed to question the legality of his
arrest?
a. Before arraignment c. Before trial
b. Before the Preliminary Investigation d. Before conviction
90. W/c of the following is NOT an essential requisite of a complaint or information?
a. It must be in the name of the People of the Philippines
b. It must be filled w/ the Office of the Prosecutor
 c. It must be filled in court
d. It must be in writing
91. Who performs Cross Examination if direct exam was conducted by the defense
counsel?
a. Aggrieved Party c. Offended Party
b. Prosecutor Party d. Adverse Party
92. When is jurisdiction over person is acquired?
a. Upon his arrest c. Upon his Voluntary appearance
b. Upon his receipt of summons d. Some of these
93. If there was an error or irregularity in the course of trial, w/c remedy is available to
the accused that was found guilty?
a. Appeal c. Escape or evade the sentence
b. Motion for reconsideration d. Assassinate the judge

1.5 Practice Court/Court Testimony 94-100 (7pts)

94. In cross examination of witness, what is the next step to be done?

a. Direct examination c. Redirect examination
b. Re-Cross Examination d. None of these
95. This is used to test the sufficiency of the evidence presented in a criminal case after the
prosecution has rested his cas
a. bill of articular c. objection
b. demurrer d. rebuttal
96. Is one w/c assumes as true fact not yet testified to by a witness or contrary to what the
witness stated.
a. Leading question c. Cross examination
b. Misleading Question d. Direct examination
97. Refers to the ruling by the judge that permits the witness to answer the question posed
a. Decision c. Overrule the objection
b. Ruling on objection d. Sustain the Objection
98. What is the question w/c arises in a case, the resolution of w/c is a logical antecedent of
the issues involves in said case, & the cognizance of w/c pertains to another tribunal?
a. Justifiable question c. Both Justifiable & Prejudicial Question
b. Prejudicial question d. All of the above
99. A person in court who delivers subpoena.
a. Clerk of the Court c. Typist
b. Prosecutor d. Law Enforcer
100. When the objection has been made to the testimony of the witness and the judge
orders that it be sustained, it means that the witness is.
a. Not allowed to answer the question Directed by the counsel
b. Instructed to get out of the witness stand
c. allowed to continue the answer
d. instructed to sit down