CRIMINAL LAW AND JURISPRUDENCE

Prepared by Atty. Joy Guarino

CRIMINAL JUSTICE SYSTEM police have gathered and deciding whether it is

1. Which of the following is NOT included in the sufficient to warrant the filing of charge(s) against the
components of criminal justice system of the United alleged violator.
States? a. Investigator
a. Law enforcement b. judge
b. Corrections c. prosecutor
c. Prosecution d. solicitor general
d. Courts 9. He is an arbiter in court who ensues that the
2. This criminal justice model is based on the idea defense and the prosecution adhere to the legal
that the most important function of the CJS is the requirements of introducing evidences.
protection of the public and the repression of criminal a. Clerk of court
conduct. c. judge
a. Crime prevention b. sheriff
b. Crime control d. jury
c. Law and order 10. The pillar of the CJS which is not under the
d. Due process executive branch of the government.
3. According to this criminal justice model, the a. law enforcement
rights of an individual must be co-equal with the b. court
concern for public safety. c. prosecution
a. Crime prevention d. correction
b. crime control 11. This is a governmental body that is charged
c. Law and order with the responsibility of administering justice.
d. due process a. Law enforcement
4. This concerns to the obligations of the b. correction
community to individuals, and requires fair c. Prosecution
disbursement of common advantages and sharing of d. court
common burden. 12. Any person directly vested with jurisdiction,
a. Prosecution whether as an individual or as a member of some
b. justice court, Government Corporation, board or
c. equality commission.
d. trial a. Agent of person in authority
5. This function of the law enforcement is being b. Government employee
done through elimination of factors influencing the c. Government officer
occurrence of crimes, good community relations, d. person in authority
educating the citizens about their role, introduction of 13. A pillar of CJS which occupies a unique position
delinquency prevention programs, good parenting and in the Philippine Criminal Justice System serving as
others. the lawyer of the State or government in criminal
a. Maintenance of law and order cases.
b. Reduction of crime a. law enforcement
c. crime prevention b. court
d. crime control c. prosecution
6. This principal character of the criminal justice d. correction
process links all components of the CJS. 14. This document is required by the Prosecutor’s
a. Offender Office before it can entertain a complaint on a case
b. Victim covered by the Barangay Court.
c. witness a. Certificate of Non-Settlement
d. Crime b. Certificate of Non-arbitration
7. The frontline defender of democracy in the CJS. c. Certificate to file action
a. Prosecution d. complaint affidavit
b. Correction 15. It refers to the study of the various agency of our
c. Police government in charged of processing law violators to
d. Court ensure the protection of the society and maintenance
8. He is responsible in evaluating the evidence the of peace and order.
a. Criminology 18. It is that degree of proof requires in criminal case
b. Criminal Justice which would convince a reasonable mind based on
c. Victimlogy moral certainty but which nevertheless does not
d. Sociology preclude the possibility of error.
16. Refers to the person who is being implicated a. Preponderance of evidence
to the commission of a crime and subject of an
investigation. b. Clear and convincing evidence
a. Convict c. substantive evidence
b. respondent d. proof beyond reasonable doubt
c. Accused 19. A negotiation between the defense counsel and
d. suspect the prosecutor, aimed at reaching an agreement
17. Is the machinery of the state which enforces the whereby the prosecutor uses discretion to obtain from
rules of conduct necessary to protect life and property the judge a lighter sentence in exchange for the
and to maintain peace and order? defendant’s entering a guilty plea.
a. Criminal Justice System a. arraignment
b. Criminology c. preliminary investigation
c. Criminal law b. pre-trial
d. Criminal jurisprudence d. plea bargaining
b. R.A. 7080
20. The PNP is the law enforcement agency of the c. R.A. 1379
country which is under the ? d. R.A. 3019
a. DOJ 26. Exclusive original jurisdiction over all offenses
b. DILG punishable with imprisonment not exceeding six
c. NAPOLCOM years.
d. DSWD a. Supreme Court
21. A person who is under custodial investigation is c. RTC
basically protected by a number of rights mandated b. Court of Appeals
under the constitution and this was even expounded in d. MTC
the legislative act known as ? 27. It is otherwise known as the Department of the
a. Miranda Doctrine Interior and Local Government Act of 1990, enacted
b. R.A. 7438 on December 13, 1990. Established the PNP, BFP,
c. Bill of Rights BJMP and the PPSC.
d. R.A. 6975 a. R.A. 6975
22. A body officially assembled under authority of b. P.D. 1184
law in which judicial power is vested or the c. R.A. 8551
administration of justice is delegated. d. R.A. 6040
a. court 28. Refers to that sector of society composed of
b. corrections NGO’s, cause oriented groups and advocacy groups
c. prosecution that promote the welfare of the people against all
d. law enforcement forms of abuse and exploitation.
23. A body of civil authority tasked to maintain a. crime control
peace and order, enforce the law, protect life, liberty b. political parties
and property and ensure public safety. c. civil society
a. police d. volunteer
b. prosecution 29. It is the process of reducing if not eliminate the
c. court existence of a cause from initially occurring, thus,
d. corrections lessen the police work as suppressing the spread of
24. System of taking care of the custody, criminality.
rehabilitation and treatment of persons convicted of a. Crime Prevention
committing crime. b. Crime control
a. police c. Criminal apprehension
b. prosecution d. law enforcement
c. court 30. Directly under the supervision of the Department
d. corrections of Justice, its most important function in the Criminal
25. The “Anti Graft and Corrupt Practices Act”. Justice System is to maintain and recognize the rule
a. R.A. 8294 of law through the speedy
delivery of services particularly in the enforcement of the law violated filed either to the
prosecution and investigation of all crimes. court or to the office of the prosecutor.
a. National Prosecution Service a. Complaint
b. PNP b. Information c Pleadings
c. Ombudsman d. affidavit
d. Solicitor General 36. Is an inquiry or proceeding to determine whether
31. What do you call a court covering two (2) or there is sufficient ground to engender a well-founded
more municipalities? belief that a crime has been committed and the
a. MTC respondent is probably guilty thereof, and should be
b. MeTC held for trial.
c. MCTC a. preliminary investigation
d. MTC’s b. Prejudicial question
32. What is that term which refers to the wise use of c. inquest proceeding
one’s own judgment in a given situation without d. custodial investigation
referring to your superior due to the eminence of the 37. Preliminary investigation is conducted on cases
situation? punishable by:
a. Police resourcefulness a. at least four (4) years, two (2) months
b. Police discretion and one (1) day.
c. Police integrity b. more than four years, two months and one
d. police prudence day
33. It refers to the art or science of identifying law c. less than four years, two months and one
violators, locating and tracing them in order to affect day
their arrest and gather evidence to prove their guilt in d. six years, one day and above
court. 38. It is the actual restraint of a person into custody
a. Crime prevention of the law in order for him to answer for the
commission of an offense.
b. criminal investigation a. Arrest
c. Crime control b. investigation
d. Intelligence work c. invitation
34. An attached agency of the Office of the President d. seizure
tasked to implement and undertake drug law 39. It refers to the ways and means of trapping and
enforcement. capturing the law breakers in the execution of their
a. Narcotics Command criminal plan.
b. AID-SOTF a. Instigation
c. PDEA b. Entrapment
d. NBI c. Investigation
35. Sworn statement, subscribed by Offended party, d. Raid
any peace officer of public officer in charged of
40. A pillar of our CJS which is not under or custody.
interdependent from any branch of government. a. custodial investigation
a. prosecution c. interview
b. correction b. inquest
c. court d. interrogation
d. community 43. In cases committed by Public officer with salary
41. During trial of a criminal case, it is the grade 27 and above in violation of Act 3019, R.A.
prosecutor who directs the prosecution of the offense 1379 or Art. 210 to 212 of the Revised Penal Code a
and he/she did it on the behalf of the state. Once a complaint should first be filed to the office of
case is elevated to the higher court such as Court of for the conduct of the required preliminary
Appeals, who represents the State in the prosecution investigation.
of the offense? a. Ombudsman
a. Chief State Prosecutor b. Solicitor General
b. Solicitor General c. Judge of MTC
c. National or provincial prosecutor d. the President
d. Judge 44. In flagrante delicto means ?
42. It refers to the questioning initiated by law a. caught in the act
enforcement officer after a person has been taken into b. caught after commission
c. instigation committed and there is personal knowledge based on
d. entrapment probable cause that the person to be arrest has
45. Courts in the Philippines are cloth with the committed it.
power or try cases submitted to for adjudication. d. When the person to be arrested is an
What term is use in referring to the authority or power escapee
to hear and decided cases. 53. Refers to the counsel provided by the government
a. Jurisdiction to assist destitute litigant?
b. Venue a. Counsel de officio
c. Jurisprudence b. counsel de parte
d. Territory c. Public Attorney’s Office
46. It is the authority of the court to try/hear cases for d. volunteer counsel
the first time to the exclusion of other courts. 54. It is a process directed to a person requiring him
a. original jurisdiction to attend and to testify or to bring with him any books
c. exclusive jurisdiction or documents under his control at the trial of an
b. appellate jurisdiction action.
d. concurrent jurisdiction a. subpoena
47. It is the formal reading of the charges against a b. subpoena ad testificandum
person accused of a crime and latter asking him c. subpoena duces tecum
whether he pleads guilty or not to the crime charged. d. warrant of arrest
a. arraignment 55. The “anti-Plunder Act”.
b. preliminary investigation a. R.A. 7080
c. plea b. R.A. 3019
d. promulgation of judgment c. R.A. 1379
48. It is a body of men created to settle disputes d. R.A. 6713
within Barangay level. 56. This attached agency of the DOJ is tasked to
a. barangay tanod provide free legal assistance to poor members of
b. pangkat tagapagkasundo society:
c. barangay council a. National Bureau of Investigation
d. lupon tagapamayapa b. National Prosecution Service
49. It is the most common way by which the police c. Board of Pardons and Parole
discovers or it informed that a crime has been d. Public Attorney’s Office
committed: 57. This is the power to apply the law to contests or
a. When the witness voluntarily reports the disputes concerning legally recognized rights or
crime. duties between the state and private persons, or
b. When the police discovers the crime between individual litigants in cases properly brought
c. When the victim reports the crime before the judicial tribunal.
d. When the suspect surrenders a. Judicial Power
50. The Lupon Tagapamayapa shall be composed of b. Judicial Review
the Brgy. Chairman as Chairman of the Lupon and c. Court
the Brgy. Secretary as the Secretary of the Lupon and d. Court of Justice
other members who shall be: 58. This is the process or method whereby
a. more than 10 but less than 20 accusations are brought before the court of justice to
b. not less than 10 but not more than 20 determine the innocence or guilt of the accused.
c. more than 10 a. Prosecutor
d. less than 10 b. Prosecution
51. When arrest may be made? c. Trial
a. At any time of the day and night d. Preliminary Investigation
b. At day time 59. The settlement of a dispute by a person/s chosen
c. At night time to hear both sides and to come to a decision.
d. from sun dust till dawn a. Mediation
52. Under what circumstances arrest can be made b. Settlement
even without a warrant? c. Arbitration
a. All of these d. Agreement
b. When the crime was committed in the 60. One who prosecutes another for a crime in the
presence of the arresting officer. name of the government?
c. When the crime was in fact been a. Public Prosecutor
 c. Commutation of Sentence
b. Private Prosecutor d. Parole
c. Prosecution 68. Prison is a place for confinement of convicted
d. Ombudsman prisoners. What classification of prisoners is
61. It refers to the “court of last resort”. sentenced to serve a prison term of one day to three
a. RTC (3) years or whose fine is less than 6,000 but more
b. Sandiganbayan than 200 or both?
c. Supreme Court a. National prisoner
d. MTC b. City prisoner
62. This court was created under RA 1125, as c. provincial prisoner
amended, which has exclusive appellate jurisdiction d. municipal prisoner
to review on appeal decisions of the Commissioner of 69. Prisons are institution for confinement of
the Internal Revenue involving internal revenue taxes convicted offenders sentenced to more than three (3)
and decisions of the Commissioner of Customs years of imprisonment. It is derived from the
involving customs duties. Greco-Roman word
a. Court of Justice ?
b. Court of Appeals a. Presinto
c. Sandiganbayan b. Precindio
d. Court of Tax Appeals c. presidio
63. This court has jurisdiction over crimes committed d. precinto
by high- ranking public officials (with salary grade of 70. There are how many members the composed the
27 above), which can only be committed because of Lupon?
their position. a. 3 members
a. Court of Justice c. 5 to 10 members
b. Court of Appeals b. 10 to 20 members
c. Sandiganbayan d. 5 members
d. Court of Tax Appeals 71. It is granted to convicted offenders who have
64. It a writ order of the court bearing its seal and the served a portion of their service granted by the Board
signature of the judge directing the jail or prison of Pardons and Parole.
authorities to receive the convicted offender for a. Pardon
service of sentence. b. Probation
a. Commitment Order c. Amnesty
b. Mittimus d. Parole
c. warrant of arrest 72. They serve as the conciliation panel consisting of
d. habeas corpus three (3) members.
65. Is that branch of the criminal justice system 73. It is a security facility, usually operated by the
charged with the custody, supervision and police stations, for the temporary detention of persons
rehabilitation of a convicted offender. held for investigation or awaiting preliminary
a. Penology investigation before the prosecutor.
b. Probation a. Lock-up jail
c. Correction b. Ordinary jail
d. Criminology c. workhouses
66. A Jail is a place for the temporary confinement d. prison
for persons awaiting court action as well as convicted 74. It is a form of motivation granted by the Director
persons serving short sentence. It was derived from of Prisons whereby a number of days are deducted
what Spanish word? from the length of years that a prisoner have been
a. jaula sentenced to serve for his good conduct.
b. caula a. Commutation of sentence
c. gaol b. Parole
d. hawla c. GCTA
e. a and c d. reprieve
67. Executive clemencies are acts of grace exercise 75. Correctional institutions in the country is divided
by the president. Which of the following is not one of into National and Local institution. What Department
them? of the Executive Branch is the one in charge of the
a. Pardon National Penitentiary?
b. Amnesty a. Bureau of Jail Management and Penology
b. Department of Justice b. Department of Justice
c. Department of Interior and Local Government c. Bureau of Correction
d. Bureau of Correction d. Provincial government
76. It is the suffering that is inflicted by the state 78. This is the process wherein the inmate, after
for the transgression of the law. serving his sentence, is released to be able to mingle
a. penalty with the community.
b. self-defense a. Reintegration
c. exemplarity b. Reincarnation
d. punishment c. Realization
77. City and Municipal is the division of our d. Rehabilitation
correctional institution which primarily in charge of
those detention prisoner, awaiting for final judgment 79. It refers to the examination of an individual’s
of their trial and serving short sentences and under the person, house, papers or effects, or other buildings
Bureau of Jail Management and Penology. While it is and premises to discover contraband or some
true that even the Provincials Jails like the City and evidence of guilt to be used in the prosecution of a
Municipal Jails are under the DILG, it is subject to criminal action:
the control and supervision of the ? a. Search
a. Bureau of Jail Management and Penology
b. seizure c. Iwahig Penal Colony
c. Raid d. San Ramon Prison and Penal Farm
d. entrapment 86. An agency under the Department of Justice
80. This court was established by virtue of PD1083, (DOJ) that is charged with custody and rehabilitation
otherwise known as “Code of Muslim Personal Laws of national offenders.
of the Philippines”. a. Bureau of Corrections
a. Court of Tax Appeals b. National Bilibid Prison
b. Shari’a Court c. BJMP
c. Sandiganbayan d. All of the above
d. Family Court 87. A term of imprisonment of more than three (3)
81. It is a written order of a court or authority years shall be served under the jails being managed
consigning a person to jail or prison for detention. by BJMP.
a. Warrant of Arrest a. True
b. Search Warrant b. False
c. Mittimus c. Partially True
d. Commitment Order d. Partially False
82. The following are some of the purposes of 88. Created by virtue of Republic Act 6975, exercise
corrections, except. supervision and control over all district, city and
a. Deterrence municipal jail nationwide.
b. Rehabilitation a. BJMP
c. Reintegration b. Provincial Jail
d. Reinvention c. BUCOR
83. Correctional institutions located in Abuyog, d. CIW
established in 1972 89. The following are the detention prisoners, except.
a. Sablayan Prison and Penal Farm a. Persons held for security reasons
b. Leyte Regional Prison b. Persons held for investigation
c. Iwahig Penal Colony c. Persons waiting for final judgment
d. National Bilibid Prison d. Persons waiting for incarceration
84. Penal colony established by Governor Luke 90. Prisoners sentenced to 3 years 1 day to Reclusion
Wright on November 16, 1904 Perpetua or Life Imprisonment.
a. Sablayan a. Insular Prisoners
b. Leyte Regional Prison b. City Jail prisoners
c. Iwahig Penal Colony c. Provincial jail prisoners
d. National Bilibid Prison d. All of the above
85. Considered the oldest penal colony where Dr. 91. An attached agency of the DOJ which provides a
Jose Rizal incarcerated. less costly alternative to imprisonment of offenders
a. Sablayan Prison and Penal Farm a. Board of Pardon and Parole
b. Leyte Regional Prison b. Bureau of Corrections
c. BJMP 97. The discernment is applicable to those children
d. Parole and Probation Administration whose age is over nine under fifteen under the
92. The administrative arm of the President of the Juvenile Justice Welfare Act.
Philippines in the exercise of his constitutional power a. True
to grant, except in cases of impeachment, pardon, b. False
reprieve and amnesty after conviction by final c. Partially True
judgment. d. Partially False
a. Board of Pardons and Parole 98. The period of Probation for the penalty imposed
b. Bureau of Corrections is more than a year is not to exceed six years.
c. BJMP a. True
d. Parole and Probation Administration b. False
93. An act created Board of Indeterminate Sentence. c. Partially True
a. Act 4103 d. Partially False
b. Act 4102 99. Probation is a matter of right of every convicted
c. Act 4101 person.
d. Act 4100 a. True
94. Government agency which renders services for b. False
Children in Conflict with the Law. c. Partially True
a. DILG d. Partially False
b. DOJ 100. Witness protection and Security Act passed and
c. DSWD approved on April 24, 1991.
d. DOH a. RA 6984
95. A child over fifteen (15) years of age at the time b. RA 6983
of the commission of the offense shall be exempt c. RA 6982
from criminal liability. d. RA 6981
a. True
b. False HUMAN RIGHTS EDUCATION
c. Partially True 1. It is defined as a number of basic rights that
d. Partially False people from around the world have agreed are
96. The Juvenile Justice Welfare Act. essential.
a. RA 9341 a. Human dignityc. Human rights
b. RA 9342 b. Human life d. Human race
c. RA 9343 2. What is the legal nature of the Universal
d. RA 9344 Declaration of Human Rights (UDHR)
a. The UDHR is a multilateral treaty 5. Natural law conferred rights upon individuals
b. The UDHR is a UN General Assembly viewed as part of the law of .
resolution a. Man c. the people
c. The UDHR is a UN Security Council b. Individuals d. God
resolution 6. Who classified Human rights into three
d. The UDHR is a declaration adopted by generation of rights?
several States at an international conference a. Eleanor Roosevelt c. Jaime Hernandez
3. Human rights are also part of , contained b. George Washington d. Karel Vasak
in treaties and declarations that spell out specific 7. It states that denial of one right invariably
rights that countries are required to uphold. impedes enjoyment of other rights.
a. municipal law c. Philippine law a. Inalienable c. Inherent
b. international law d. state law b. Indivisibility d. Interdependence
4. Violations of human rights are rarely 8. The last stage where these rights are enjoyed
punished, especially those with regards the second- by the citizens of the State by the transformation of
generation rights. the social, economic, and political order.
a. True. These rights have no fixed and well- a. Positivization c. Idealization
defined forum to redress violations. b. Implementation d. Realization
b. True. These rights have no fixed and specific 9. What article in the Universal Declaration of
laws that can compel violators for accountability, Human Rights that refers to the inalienability of
c. False. You can simply file a case in court. rights?
d. False. There are fixed forums for these a. Article I c. Article 15
violations. b. Article 30 d. Article 23
10. This refers to a person’s rights to take part in a. Human rights
the civil and political life of their community without b. Human Rights Education
discrimination or oppression. c. Universal Declaration of Human Rights
a. civil and political rights c. bill of rights d. International Bill of Rights
b. economic, social and cultural rights d. 19. What is the first ever recorded instrument
women’s rights pertaining to human rights?
11. The right to life is violated if: a. Universal Declaration of Human Rights
a. Someone dies by accident due to a police b. International Bill of Rights
force c. Magna carta of 1215
preventing an attack on someone else’s life. d. Cyrus Cylinder
b. Someone dies due to an act of war, even if 20. It states that whether an individual possesses
this was legal. human rights does not depend on State recognition of
c. Someone dies due to unnecessary force by those rights.
the police. a. Inalienable c. Inherent
d. Someone dies because of cancer. b. Indivisibility d. Interdependence
12. This group includes rights such as the right 21. The American Declaration of Independence
to health, the right to education and the right to work. was based on the understanding that certain rights,
a. civil and political rights c. bill of rights such as ‘life, liberty and the pursuit of happiness',
b. economic, social and cultural rights d. were fundamental to their citizens. True or false?
women’s rights a. True. Americans value their citizens more
13. Who has the responsibilities to protect than anything else.
human rights? b. True. They were the leading proponent
a. Government c. a & b of human rights.
b. Individuals d. none of the above c. False. It was based on the international bill of
14. Rights that can be applied to a group of rights.
persons are called? d. False. It was based on certain rights that
a. collective rightsc. individual rights were fundamental to all people.
b. group rights d. class rights 22. It refers to the idea that whoever has the
15. The right to property: political authority within a country has the power to
a. Doesn’t mean that governments cannot rule and pass laws over that territory.
take a possession from someone if this is in the a. Police power c. Power of eminent domain
public interest. b. Sovereignty d. Taxation
b. Is violated if an entire village is evacuated 23. The following are the freedoms proclaimed
without due compensation in order to build a by U.S. President Roosevelt that everyone ought to
hydroelectric power station. enjoy, except one.
c. Allows a person to consider goods that they a. Freedom from fear c. freedom of
have stolen as his/her property. expression
d. a and b b. Freedom from want d. freedom of belief
16. It states that the fulfilment of one right often 24. Every person has human rights simply
depends, wholly or in part, upon the fulfilment of because they are .
others. a. human beings c. persons
a. Inalienable c. Inherent b. individuals d. citizens
b. Indivisibility d. Interdependence 25. He detached natural law from religion but
17. Holding a right can entail that one is free in laid the basis of several forms of natural rights.
one or more of a variety of senses. True or false? a. Hugo Grotius c. John Locke
a. True. Rights entitle everyone to be absolutely b. Eleanor Roosevelt d. John Rawls
free.
b. True. Rights entitle their holders to freedom 26. A right is enjoyed only if it is recognized and
in some sense. protected
c. False. Having rights does not mean you
are free.
d. False. Holding a right is different compared
to having freedom.
18. Is defined as training, dissemination and
information efforts aimed at the building of universal
culture of human rights.
by legislation promulgated by the state. This refers incorporate treaties and other international law
to.. provisions in our country?
a. Natural Law theory c. Positivist theory a. Ratify the law c. Enact the law
b. Utilitarian theory d. Marxist theory b. Scrap the law d. Modify the law
27. Ideas about justice were not yet prominent in 34. The branch of the government that exercise
the thinking of philosophers in the Middle Ages, the police power.
Renaissance and the Enlightenment. True or false? a. Executive c. Judiciary
a. True. What was important those times were b. Legislative d. Philippine National Police
war. 35. The State can never deprive persons of life,
b. True. Philosophers were more focus on liberty and property even if due process of law was
religion than the thought of justice. provided.
c. False. Thoughts of justice were already a. True. A person’s right to life, liberty and
prominent in those eras. property is
d. False. The idea of justice was prominent absolute.
during the Renaissance era only. b. True. Such rights are well protected by the
28. UDHR aims to recognize the dignity and of Constitution.
the equal and inalienable rights of all members of the c. False. As long as due process is given to a
human family is the foundation of freedom, justice person, deprivation of his rights is allowed.
and peace in the world. d. False. State can deprive persons of life,
a. individual c. people liberty and property.
b. inherent d. common 36. The police power legislation must be firmly
29. UDHR has 31 articles. grounded on and welfare, and a reasonable relation
a. True. c. probably must exist between purposes and means.
b. False. d. partly a. public good c. public interest
30. According to Article 26 of the UDHR, b. public welfare d. public want
“Everyone has the right to education directed to the 37. The following are examples of non-state
full development of human personality”. Does this actors, except..
mean that governments are compelled to give free a. United Nations c. Mc Donalds
education to its citizens? b. Media d. Cuba
a. Yes. Because it was mandated by the UDHR 38. They are beyond the direct reach of
and we need to follow them. international human rights law.
b. No. UDHR is a mere declaration, a. Non-state actors c. State actors
without the force and effect of law. b. China d. Stage actors
c. Probably, since UDHR is a guiding principle
for states. 39. When did the Philippines ratified the
d. Absolutely, especially if the government is a International Covenant on Civil and Political Rights?
signatory of the treaties pertaining to it. a. June, 7, 1974 c. December 10, 1948
31. Are UDHR articles absolute and needs to be b. October 23, 1986 d. October 24, 1945
adhered to always? 40. Why was UDHR adopted by the United
a. Yes. UDHR is part of the international law, Nations?
therefore, states have no choice but to follow them. a. To set standards on the treatment of every
b. No. UDHR is a mere declaration, thus individuals.
it’s not b. In response to the “barbarous acts which
enforceable. outraged the conscience of mankind” during the
c. It depends on the state whether it will follow Second World
it or not. War.
d. Never. They’re only guiding principles and c. To introduce a law that can protect people
not a law. from unjust treatment.
32. A person is entitled to social and to security d. In response to the growing number of
in the event of unemployment, sickness, disability- emerging states so that their citizens will be treated
widowhood, old age, or other lack of livelihood in fairly and equally.
circumstances beyond his control. 41. Where was the Universal Declaration
a. services c. skills adopted?
b. gatherings d. appearance a. Palais de Chaillot, Paris, France c. Twin
33. What do governments do in order to Tower, USA
b. Palais de Charlotte Paris, France d. Geneva will be rampant.
Switzerland 45. The Universal Declaration of Human Rights,
42. The said article enumerates a number of together with the International Covenant on Civil and
obligations including Universal respect for an Political Rights and the International Covenant on
observance of human rights and fundamental Economic, Social and Cultural Rights are also called..
freedoms for all without distinction as to race, sex, a. International law c. International Bill of
language or religion. Rights
a. Article 57 of the Charter c. Article 55(c) b. International Conventions d. International
of the Charter Human Rights Law
b. Article 25(b) of the UDHR d. Article 15 of 46. What is the meaning of collective rights?
the UDHR a. Collective rights belong to distinct groups of
43. To whom does the Universal Declaration of people
Human Rights apply? b. Collective rights are those that belong to
a. States c. Government particular groups as opposed to the individual
b. Individuals d. Non-states members of the group
44. Why is the Universal Declaration of c. Minority rights are collective rights
Human Rights important to you? d. Collective rights entail a right of the group as
a. Because it protects and promotes your such as well as individual rights of the group's
individual rights. members
b. Because it is the law and we should obey it. 47. According to the clauses of the right to
c. Because it is the declaration education:
acknowledging our individual rights. a. Individuals and groups are allowed to
d. Because without it, human rights abuses open a
School, as long as they fulfil the minimum d. Can be regulated by the state.
legal conditions. 52. The following are the duties of
b. There are no obligations concerning the governments who ratifies the international bill of
contents of educational programs. rights, except,
c. Governments are bound to provide a. To respect Human Rights by creating
compulsory education for all young people under 18. constitutional guarantees of human rights.
d. Governments are bound to adhere to b. To protect Human Rights by educating
international law. people about human rights and the importance of
48. The right to a healthy environment: respecting the human rights of others.
a. Forbids states to dump toxic waste that spoils c. To promote Human Rights by conducting
the soil irreversibly. awareness programs.
b. Aims at protecting human beings, animals d. To fulfill Human Rights by providing free,
and plants. high- quality public education.
c. Is not yet fixed as a universal right. 53. Who has the primary power to make laws in
d. Provides for minimum health protocol. the government?
49. Punishment of children in schools: a. President c. Legislative body
a. Is not allowed in the form of b. Chief justice of the Supreme Court d. Senate
corporal punishment. President
b. Is not forbidden if the punishment is 54. A state commits human rights violations
mentally cruel. when
c. May only be used if parents agree. a. The state does nothing to intervene and
d. Is allowed if children do not listen. protect vulnerable people and groups.
50. He said that the first virtue of any social b. The state does not provide for fair trial to
institution is justice. someone facing allegations in court.
a. Hugo Grotius c. John Locke c. A and B
b. Eleanor Roosevelt d. John Rawls d. None of the above.
55. Can you live without Human Rights?
51. The freedom of religion: a. Yes. These rights are for the protection of
a. Cannot be denied to people on the ground individuals and not essential to life.
that they belong to a minority religion. b. Yes. However, without these rights,
b. Obliges nations to recognize and subsidize individuals are not guaranteed to have a peaceful life.
religions. c. No. Human Rights are essential and thus
c. Cannot be restricted in any way by a state. without it, life is meaningless.
d. Absolutely no. You can’t live without interdisciplinary responsibility
Human Rights.
56. Article 62(2) of the UN Charter 62. Under the Rules on the Writ of Amparo,
mandates that may make recommendations for interim relief orders may be issued by the Court
the purpose of promoting respect for an observance except:
for human rights and a. Production order c. Hold departure order
fundamental freedom for all. b. Witness protection order d. Temporary
a. Human Rights Commission c. Trusteeship protection order
System
b. Economic and Social Council d. United 63. are those human rights relating to the
Nations workplace, social security, family life, participation in
57. Many countries that ratified the ICCPR also cultural life, and access to housing, food, water,
agreed that the may investigate allegations by health care and education
individuals and organizations that the State has a. Economic, Social and Cultural Rights
violated their rights. b. Political, Social and Economic Rights
a. United Nations c. Human Rights Committee c. Workplace, Social Security and Political
b. International Police d. International Court Rights
of Justice d. None of the above
58. It proclaimed that the human rights 64. Which of the following is not an example
education, training and public information were of social legislation in the Philippines?
essential for the promotion and achievement of stable a. Importability Law
and harmonious relations among communities and for b. GSIS Law
fostering mutual understanding, tolerance and peace. c. Portability Law
a. Universal Declaration of Human Rights c. d. Kasambahay Law
Geneva Convention 65. are organized for
b. Vienna Declaration Program of Action collective bargaining as well as other
d. Huge Convention legitimate purposes
59. The promotion and protection of human a. Worker’s Associations
rights became a fundamental objective of the b. Freemasons
a. Allied powers c. States c. Unions
b. Countries d. Non-states d. Civic organizations
60. Under this doctrine, everyone is counted 66. Under the Anti-Terrorism Act, the initial
equally. period of surveillance which may be ordered by the
a. Natural Law theory c. Positivist theory Court of Appeals, upon a finding that any of the
b. Utilitarian theory d. Marxist theory specified acts of terrorism has been or is being
61. In Oposa vs. Factoran, Jr., G.R. No. 101083, committed, is days, which may be renewed or
July 30, 1993, the Supreme Court held that the extended for another non-extendible thirty (30) days
personality of the petitioners to sue is based on the a. 45 days
concept of: b. 50 days
a. ecological responsibility c. c. 55 days
intergenerational responsibility d. 60 days
b. environmental accountability d.
b. Right of Self- Determination
67. is a legal remedy under Philippine law c. Religious Freedom
for persons whose constitutional right to “a balanced d. None of the above
and healthful ecology” is violated by an unlawful act 69. is a state of complete
or omission of a public official, employee, or private physical, mental and social well-being, not merely the
individual or entity. absence of disease or infirmity, in all matters relating
a. Writ of Amparo to the reproductive system and to its functions and
b. Writ of Habeas Data processes
c. Writ of Kalikasan a. Reproductive Health
d. Writ of Habeas Corpus b. Reproductive Rights
68. People’s right to preserve their own cultural c. Reproductive Health law
identity d. International Reproductive Rights
and control the course of their political life. 70. When is Human Rights Day usually
a. Freedom of Association observed?
a. Every 9th of December 78. Which one of the following statements is not
b. Every 10th of December correct about the Refugees?
c. Every 11th of December a. They are outside their country
d. Every 12th of December b. Fear of persecution
71. It is the freedom and ability to make your c. Absence of National protection
own decisions in life, without having to ask other d. Poverty as reason of being outside the
people for permission, help, or money country
a. Self-determination 79. Arrange the following Human Rights
b. Independence Conventions in the chronological order of their
c. Self- Rule adoption:
d. None of the above (i) Convention on the elimination of all
72. The state shall protect and advance the right forms of discrimination against women
of the people to a balanced and healthful ecology in (ii) Convention on the prevention and
accord by the rhythm and harmony of nature punishment of the crime of genocide
a. ARTICLE 11, Section 16 (iii) Convention on the protection of the Rights of
b. ARTICLE 16, Section 11 Migrant workers
c. ARTICLE 12, Section 5 (iv) Convention against Torture Codes:
d. ARTICLE 5, Section 12 a. (i), (ii), (iii), (iv)
73. are the protection of natural b. (ii), (i), (iv), (iii)
resources, access to and use of natural resources and c. (iii), (ii), (i), (iv)
how to and of these resources affects surrounding d. (iv), (iii), (ii), (i)
populations, as well as the resources themselves. 80. Arrange sequence of following concepts as
a. Social Rights they appear in the Universal Declaration of Human
b. Natural Rights Rights, 1948, using codes given below:
c. Environmental Right (i) Marriage
d. Cultural Rights (ii) Right to Education
74. is a law which guarantees universal access (iii) Arbitrary arrest Equality Codes:
to methods on contraception, fertility control, sexual a. (iii) (ii) (i) (iv)
education, and maternal care. b. (iv) (ii) (i) (iii)
a. Responsible Parenthood and Reproductive c. (iv) (iii) (ii) (i)
Health Act of 2012 d. (iv) (iii) (i) (ii)
b. Responsible Parenthood and Reproductive 81. Arrange sequence of following concepts as
Health Act of 2013 appearing in International Covenant on Civil and
c. Responsible Parenthood and Reproductive Political Rights, 1966:
Health Act of 2014 (i) Liberty of movement
d. Responsible Parenthood and Reproductive (ii) Torture, in human treatment and punishment
Health Act of 2015 (iii) Slavery
75. Set of qualities, differentiated roles or (iv) Family Codes:
responsibilities, attitude and values assigned by a. (iii) (ii) (i) (iv)
culture and society to women and men. b. (ii) (iii) (i) (iv)
a. Sex c. (ii) (iii) (iv) (i)
b. Gender d. (iv) (i) (iii) (ii)
c. LGBTQIA 82. Assertion (A): Capital punishment (Death
d. All of the above Sentence) is impermissible Under the Universal
76. The Universal Declaration of Human Declaration of Human Rights (UDHR).
Rights was adopted on
a. December 1, 1948 Reason ® : According to Article 5 of the Universal
b. December 10, 1948 Declaration of Human Rights (UDHR), no one shall
c. December 11, 1948 be subjected to Torture or to cruel, inhuman or
d. December 31, 1948 degrading treatment or punishment.
77. Which Article of the Third Geneva
Convention of 1949 defines the prisoners of War? Codes:
a. Article 1 a. (A) Both (A) and (R) are correct and (R) is
b. Article 2 the correct explanation of (A)
c. Article 3 b. (B) Both (A) and (R) are correct and (R) is
d. Article 4 not the correct explanation of (A)
c. (C) (A) is correct, but (R) is incorrect d. Conjugal Right
d. (D) (A) is incorrect, but (R) is correct 90. Which is not a constitutional right of the
83. The UN Sub-Commission on ‘The workers?
Prevention of Discrimination and Protection of a. The right to engage in peaceful concerted
Minorities’ was established in 1947 by activities
a. General Assembly b. The right to enjoy security of tenure
b. Security Council c. The right to return on investment
c. Commission on Human Rights d. The right to receive a living wage
d. International Court of Justice 91. Iya, 15 years old, signed up to model a
84. The central aim is to strengthen the global clothing brand. She worked from 9am to 4 pm on
response to the threat of climate change by keeping a weekdays and 1pm to 6pm on Saturdays for two (2)
global temperature rise this century well below 2 weeks. She was issued a child working permit under
degrees Celsius RA 9231. Which of the following statements is the
a. Kyoto Protocol most accurate?
b. Doha Amendment a. Working permit for Iya’s employment is not
c. Montreal Protocol required
d. Paris Agreement because the job is nit hazardous
85. In this case, the plaintiffs were the resident b. Her work period exceeds the required
marine mammals which inhabit the waters in and working hours for children aged 15 years old
around the Tañon Strait and were represented by their
Stewards and an NGO established for the welfare of
the fisher folk.
a. ISAAA v. Greenpeace Southeast Asia
(Philippines),
G.R. No. 20927, 8 December 2015
b. Arigo et., al. vs. Swift, et., al., G.R. No.
206510,
September 16, 2014
c. Segovia et., al. vs. the Climate Change
Commission, et.,al., G.R. No. 211010, 7 March 2017
d. None of the above
86. Which is not an example of ruse:
a. ambushes
b. camouflage
c. misinformation
d. Perfidy
87. The following acts constitute perfidy if used
while a hostile act is being committed, except:
a. Faking an intent to negotiate under a flag of
truce or to surrender
b. Faking protected civilian status
c. Improper use of flags, emblems, insignia or
uniforms of the adversary
d. None of the above
88. Who of the following was the main mover
behind the Universal Declaration of Human Rights?
a. Woodrow Wilson
b. Franklin D. Roosevelt
c. Thomas Paine
d. Eleanor Roosevelt
89. Husband and wife have a right to each
other’s
company- This right is called
a. Legal Right
b. Matrimonial Right
c. Consortium Right
c. To require a 15-year old to work without Law.
obtaining the requisites working permit is a form of b. Yes. A is a Filipino citizen and thus may
child labor enjoy the right to suffrage like everyone else without
d. Iya, who was engaged in a work that is registering as an overseas absentee voter.
not child labor, is a working child c. No. A fails the residency requirement under
92. In what situation is an employer permitted to Section 1, Article V of the Constitution for Filipinos.
employ a minor? d. No. Dual citizens upon renunciation of their
a. 16-year old child actor as a cast member in Filipino citizenship and acquisition of foreign
soap opera working 8 hours a day, 6 days a week citizenship, have practically and legally abandoned
b. A 17-year old in deep sea-fishing their domicile and severed their legal ties to their
c. A 17-year old construction worker homeland as a consequence.
d. A 17-year old assistant cook in a
family restaurant 98. In the hierarchy of civil liberties, which right
93. Which of the following is not considered an occupies the highest preferred position:
employer by the terms of the Social Security System? a. right to academic freedom
a. A self-employed person b. right to a balanced and healthful ecology
b. The government and any of its political
subdivisions, branches or instrumentalities, including
corporations owned or controlled by the government
c. A natural persons, domestic or foreign, who
carries on in undertaking or activity of any kind and
uses the services of another person who is under his
orders as regards the employment
d. A foreign corporation
94. It is defined as any union or association of
employees which exists in whole or in part for the
purpose of collective bargaining with employers
concerning terms and conditions of employment
a. Bargaining representative
b. Labor organization
c. Legitimate labor organization
d. Federation
95. These are protracted armed confrontations
occurring between governmental armed forces and
the forces of one or more armed groups
a. International Armed Conflicts
b. Non-International Armed Conflicts
c. Universal Armed Conflicts
d. None of the above
96. The 1987 Philippine Constitution provides
for the "separation of church and state shall be
inviolable." This clause is implemented most by the
constitutional principles embodied under the :
a. the free exercise clause;
b. the non-establishment clause;
c. the freedom of religious belief clause;
d. the freedom of religion clause.
97. A was born in 1974 to a Filipino mother and
Senegalese father. She has been living and continues
to live in Italy for the last 15 years and has also been
naturalized as an Italian citizen. She recently
reacquired Philippine citizenship under RA 9225, the
Citizenship Retention and Reacquisition Act of 2003.
Can A vote in the next national elections?
a. Yes. Dual citizens who are not residents
may register under the Overseas Absentee Voting
c. right to freedom of expression and of 6. It is that characteristics of criminal law which
assembly states that criminal law is binding on all persons who
d. right to equal health live or sojourn in the Philippines regardless of sex,
99. Under Article III, Section 2 of the Bill of age and nationality.
Rights, which provides for the exclusion of evidence a. General c. Territorial
that violate the right to privacy of communication and b. Practical d. Prospective
correspondence, to come under the exclusionary rule, 7. Article 366 is the second to the last article of the
the evidence must be obtained by: RPC. It says: felonies and misdemeanors, committed
a. private individuals acting on their own prior to the date of the effectiveness of this Code,
b. government agents shall be punished in accordance with the Code or acts
c. private individuals acting on orders of in force at the time of their commission” This
superiors illustrates one of the characteristics of the Revised
d. former high government officials Penal Code which is:
100. Under Article III, Section 12 of the a. general c. territorial
Constitution, any person under investigation for the b. prospective d. extraterritorial.
commission of an offense shall have the right to be 8. Material crimes are crimes that have three stages
informed of his right to remain silent, etc. The namely attempted, frustrated and consummated
investigation referred to is called: stages, whereas
a. preliminary investigation; are crimes that are consummated in one
b. summary investigation; instant, that is it may not have an attempted or a
c. criminal investigation; frustrated stage such as acts of lasciviousness,
d. custodial investigation. slander, false testimony etc.
a. formal crimes c. continuing
CRIMINAL LAW BOOK1
1. Which among the following is not an afflictive
penalty?
a. Reclusion perpetua c. prision mayor
b. reclusion temporal d.arresto mayor
2. Under the the maximum duration of the
convict’s sentence shall not be more than three (3)
times the length of time corresponding to the most
severe penalties imposed upon him which however
shall not exceed forty (40) years.
a. Supreme Court Ruling c. 1987 Constitution
b. Revised Penal Code d. Three fold rule in
the service of sentence
3. Which law prohibited the imposition of the death
penalty?
a. RA 9262 c. RA 9211
b. RA 9346 d. RA 9344
4. What is the first and indispensable requisite of
self defense?
a. unlawful aggression
b. reasonable necessity of the means employed to
prevent or repel it
c. lack of sufficient provocation on the part of the
person defending himself
d. the person defending be not induced by hatred,
revenge or other evil motive.
5. A exists when two or more persons come to
an agreement concerning the commission of a felony
and decide to commit it.
a. conspiracy c. proposal
b. piracy d. criminal
agreement
crimes b. justifying circumstances
b. material crimes d. complex c. alternative circumstances
crimes d. mitigating circumstances
9. As a general rule light felonies are punishable 18. What do you mean by the Latin, “NULLUM
only when they are , with the exception of those CRIMEN NULLA POENA SINE LEGE”?
committed against persons or property. a. There is no crime in impossible crime.
a. consummated c. attempted b. There is no crime if the offender is minor.
b. frustrated d. none of the c. Ignorance of the law excuses one from compliance
above therewith.
10. One of the theories in criminal law which states d. There is no crime if there is no law punishing it.
that man is subdued occasionally by a strange and 19. It is the moving power which impels one to
morbid phenomenon which constrains him to do action for a definite result.
wrong in spite of or contrary to his own volition. a. intent c. motive
a. Positivist theory c. Neo classical theory b. malice d. lack of
b. Classical theory d. All of the above foresight
11. is an act of sovereign power granting a 20. What crime exists when a single act constitutes
general pardon for past offense and is rarely exercised two or more grave or less grave felonies or when an
in favor of a single individual and is usually granted offense is a
to certain classes of persons usually political
offenders, who are subject to trial but not yet
convicted.
a. pardon c. parole
b. commutation d. amnesty
12. It is a rule regarding the jurisdiction of a coastal
state whenever a crime is committed aboard a foreign
merchant vessel whenever that merchant vessel is
within the jurisdiction of that coastal state. According
to this rule such crimes are triable in that country,
unless their commission affects the peace and security
of the coastal state.
a. French Rule c. English Rule
b. Filipino Rule d. American Rule
13. Acts and omissions punishable by law (RPC) are
known as:
a. Felonies c. Culpa
b. Fault d. Crimes
14. Who grants absolute pardon the effect of which
will extinguish criminal liability?
a. Chief Executive or President c. Offended
party
b. Board of Pardon or Parole d. Supreme
Court
15. There is when the criminal act is
performed with deliberate intent.
a. freedom of action c. fault
b. fault d. dolo or deceit
16. When the wrongful act results from imprudence,
negligence, lack of foresight or lack of skills then
there is:
a. dolo c. fault or culpa
b. deceit d. malice.
17. These are circumstances which are grounds for
exemption from punishments because there is
wanting in the agent of the crime any of the
conditions which make the act voluntary or negligent.
a. exempting circumstances
necessary means of committing the other? b. February 2, 1987
a. continuing crime c. habitual c. December 8, 1930
delinquency d. April 13, 2029
b. transitory crime d. complex 28. What crime is committed which is made against
crime persons or property but which is of impossible
21. “Aberratio Ictus” simply means: accomplishment because of its inherent impossibility
a. mistake in the blow c. result greater than or on the account of the employment of ineffectual or
intended inadequate means.
b. mistake in the identity d. mistake of fact a. continuing crimes
22. Rhea was driving her car when he bumped b. impossible crimes
Mario. Mario died as a result. At the trial of the case c. compound crime
the prosecutor was able to prove that Rhea had the d. attempted crimes
“mens rea” when he bumped the victim Mario. Hence 29. This takes place when the offender commences
the information for Reckless Imprudence resulting in the commission of a felony directly by overt acts, and
Homicide was dismissed and a new information for does not perform all the acts of execution which
murder was filed against Rhea. What is meant by should produce the felony by reason of some cause or
“mens rea”? accident other than his own spontaneous desistance.
a. Mens Rea means crime committed
b. Mens Rea means absence of crime
c. Mens Rea means knowledge of the crime
d. Means Rea simply means “criminal
intent” that is the act of Rhea was intentional and
not accidental.
23. What kind of executive clemency wipes away
the guilt of the convicted person. As the name implies
it is exercised by the President subject to certain
constitutional limitations. In the language of the
revered Luis B. Reyes book, it is an act of grace
proceeding from the power entrusted with the
execution of the laws which exempts the individual
on whom it is bestowed from the punishment the law
inflicts for the crime he has committed.
a. Pardon c. Commutation
b. Amnesty d. Parole
24. What is incurred by one who commits a felony
although the wrongful act is different from that which
he intended?
a. reward c. imprisonment
b. punishment d. criminal
liability
25. What is that cause which, in natural and
continuous sequence, unbroken by any efficient
intervening cause, produces the injury, and without
which the result would not have occurred.
a. efficient intervening cause
b. indeterminate offense
c. proximate cause
d. immediate cause
26. The Witness Protection, Security and Benefit
Program of the Department of Justice is:
a. RA 9165 c. PD 968
b. RA 8294 d. 6981
27. ACT 3815 is also known as the Revised Penal
Code. When was this Code approved?
a. January 1, 1932
a. consummated felony c. attempted felony a. absolutory causes
b. frustrated felony d. none of the above b. exempting circumstances
30. A felony is when the offender performs all c. mistake of fact
the acts of execution which should produce the felony d. instigation INTERMEDIATE QUESTIONS
as a consequence but which, nevertheless, do not 38. In the old days what was followed was the
produce it by reason of causes independent of the will retreat to the wall doctrine. NOW, it has given way to
of the perpetrator. the stand ground when in the right doctrine which
a. consummated felony c. attempted felony means:
b. frustrated felony d. infraction of law a. where the accused/defender is where he has the
31. What aggravating circumstance generally can be right to be, the law does not require him to retreat
applied to all offenses/crimes like recidivism, when his assailant is advancing upon him with a
dwelling, price, etc? deadly weapon.
a. specific c. inherent b. the accused/defender must as much as possible
b. generic d. qualifying retreat when his opponent is attacking him and fight
32. How do you call an offender who within a only when there is no other way of escaping such as
period of ten when cornered against the wall.
(10) years from the date of his release or from the c. the accused/defender must not fight in any event
date of his release or last conviction of the crimes of d. the accused/defender must stand and wait for the
serious or less serious physical injuries, robo fatal
(robbery) hurto (theft) estafa or falsification is found
guilty of any of said crimes a third time or oftener?
a. recidivist c. reiteration
b. quasi recidivist d. habitual
delinquent
33. What is the prescriptive period of crimes
punishable by death reclusion perpetua or reclusion
temporal?
a. 5 years
b. 10 years
c. 15 years
d. 20 years
34. What characteristics of criminal law says that
“criminal laws undertake to punish crimes committed
in Philippine territory?”
a. general c. territorial
b. prospective d.
extraterritorial
35. It is an aggravating circumstance done by the
offender by which means are resorted to in order to
conceal his identity such as covering his face with a
bonnet/handkerchief at the time of the commission of
the crime.
a. craft
b. fraud
c. disguise
d. ignominy
36. There is when a person who has decided to
commit a felony proposes its execution to some other
person or persons.
a. conspiracy
b. proposal
c. collusion
d. collaboration
37. are those where the act committed is a
crime, but for reasons of public policy no penalty is
imposed.
blow until he dies.
39. X, Y and Z conspired to rob the Philippine
National Bank in their secret safe house. While they
are planning how to commit the crime, operatives of
the NBI barged in and arrested the group. What crime
was committed by X, Y and Z?
a. no crime was committed
b. under the facts no crime was committed as
mere conspiracy to commit a crime is not
punishable
c. attempted robbery
d. frustrated robbery
40. X was charged before the court. During the
pendency of his trial he died. What would be the
effect of his death on the case involved and on his
criminal liability?
a. the criminal case will be dismissed and his
criminal liability is extinguished.
b. the criminal case will proceed and his criminal
liability is not extinguished.
c. the criminal case will be archived to wait for his
resurrection.
government of the Philippine Islands even though
committed outside the Philippine territory.
d. Those who while being public officers or
employees should commit an offense in the exercise
of their functions.
45. Which of the following is always exempted in all
cases from criminal liability?
a. person fifteen years of age or under
b. an imbecile
c. insane
d. both a and b
46. Which of the following is NOT an element of
crimes committed by means of dolo or deceit?
a. Freedom of action of the offender
b. Intelligence of the Offender
c. Criminal intent of the offender
d. Imprudence or negligence of the offender
47. is a misapprehension of fact on the
part of

41. All of the following are exempted from the

operation of our criminal laws EXCEPT:
a. Sovereign Heads and Chiefs of State
b. Ambassadors
c. Consuls
d. Ministers Plenipotentiaries and Charge’s D
Afffaires
42. Which article of the Revised Penal Code talks
about the extraterritorial provision of the Revised
Penal Code that is even if certain crimes are
committed abroad still Philippine Courts will have
jurisdiction to try those certain offenses.
a. article 1 b. article 2
c. article 100 d. article 367
43. Which among the following is already
punishable by law by mere decision to commit it?
a. conspiracy to commit a very beautiful woman
b. conspiracy to commit rebellion/insurrection
c. conspiracy to commit treason
d. conspiracy to kill the Senate President or the
Speaker of the House
e. both b and c
44. All of the following are exceptions to the
territorial characteristics of our criminal laws
EXCEPT:
a. Those who should commit an offense while on a
Philippine Ship or airship.
b. Those who should forge or counterfeit any coin or
currency note of the Philippine obligations and
securities issued by the Philippine government.
c. Those who shall commit rebellion against the
the person who caused injury to another. That person c. the means used by the subordinate in carrying the
however is not criminally liable because he did not order was lawful
act with criminal intent. It is expressed in the Latin d. none of these
phrase “ignorantia legis non excusat”. 52. X attempted to commit unjust vexation (a crime
a. aberration ictus c. mistake of against personal liberty and security), a light felony
fuck punishable by arresto menor against Y. Assume that
b. mistake in the blow d. mistake of X was charged before the court of the crime of
fact attempted unjust vexation. What do you think will
48. What is meant by “Actus me invito factus non most likely happen?
est meus actus”? a. X will be convicted as an attempt to commit a
a. There is no crime if there is no law punishing crime is punishable.
it. b. X will be convicted but be will placed under
b. An act done by me against my will is not probation as the crime is probationable
my act c. X will be acquitted because an attempted light
c. The act itself does not make a man guilty felony of a crime not against persons or property
unless his intention were so is not punishable under the law.
d. Ignorance of the law excuses no one from d. X will bribe the prosecutor so as to secure an
compliance therewith. acquittal.
49. What is meant by “Actus non facit reum nisi 53. If X committed a crime because he was drunk at
mens sit rea?” the time. But it was proven that his drunkenness was
a. There is no crime if there is no law punishing accidental. Question: How is his accidental
it drunkenness appreciated as a circumstance affecting
b. An act done by me against my will is not my his criminal liability?
act a. exempting c. mitigating
c. The act itself does not make a man guilty b. justifying d. aggravating
unless his intention were so 54. Which of the following is not an element of
d. Ignorance of fact excuses one from crime culpable felonies?
50. Which of the following crimes over which the a. Freedom of action c. Intent
Philippine laws have jurisdiction even if the same is b. Intelligence d. Imprudence,
committed outside the Philippine territory? negligence, lack of foresight or lack of skills
a. Espionage c. Piracy and 55. What crime is said to a crime committed against
Mutiny in the high seas all mankind and whose commission affects all
b. misprision of treason d. treason territorial boundaries such that the doer of this crime
e. all of the above maybe arrested anywhere in the world he might be
51. All of the following are requisites of “obedience seen because he is deemed to be “hostes humanis
to order issued by superior” EXCEPT: generis”?
a. an order has been issued by a superior a. piracy
b. such an order was issued for some lawful purpose
b. treason c. any person who acts in obedience to an order
c. drug trafficking issued by a superior for some lawful purpose
d. rape d. state of necessity or avoidance of greater evil
56. When one fails to pay his lawful taxes, or fails to 58. When a person is caught possessing an
issue receipts for services or goods rendered or unlicensed firearm, there must be “animus
delivered or fails to help his own victim whom he possidendi” on the part of the offender so that he may
accidentally wounded, or fails to report an attempted be convicted of the crime punished by PD 1866 as
treason there is an which is amended by RA 8294, the law on illegal possession
defined as the failure to perform an act which is of firearms . What is meant by animus possidendi?
required by law to be done. a. It simply means that there is an animal
a. act c. omission possessing a firearm.
b. criminal liability d. procrastination b. Intent to possess
57. Which of the following does not belong to the c. Criminal intent
group? d. It means that the possessor of the firearm has
a. having acted upon an impulse so powerful as no license to carry it.
naturally to have produced passion or obfuscation 59. X, a police officer arrested Y because the latter’s
b. any person who acts in the fulfillment of duty or face is very ugly, so ugly that not even Y’s own
in the lawful exercise of right or office mother could stomach such an appearance. Among
the following which do you think is the best defense discernment. What do you mean by discernment?
of Y? a. discernment is the ability of a minor to
a. X has no authority to arrest Y. distinguish between right and wrong and to fully
b. X had no warrant of arrest to arrest Y , understand the consequences of his acts.
therefore the arrest was illegal b. discernment is the act of a minor who commits a
c. X has to tell the judge handling the case that crime
“beauty is a relative term and that beauty is in the eye c. discernment is the mental attitude displayed by a
of the beholder.” minor who commits a crime.
d. Y’s possession of ugly face is not d. discernment is a word that can only be understood
punishable by law and the rule is “nullum crimen if one looks for its meaning in a good dictionary
nulla poena sine lege” 66. What is meant by “el que es causa de la causa es
60. In relation to the above question, for what crime causa del mal causado”?
would you charge X for arresting Y? a. he who is the cause of the cause is the
a. ignorance of the law c. arbitrary cause of the evil caused.
detention b. ignorance of the law excuses no one
b. serious illegal detention c. there is no crime if no law is punishing it
61. What aggravating circumstance is present when d. act by me against my will is not my act
a person commits a crime against the person 67. What is the purpose of the law in punishing
employing means methods or forms in the execution impossible crimes?
thereof, which tend directly and specially to ensure its a. to suppress criminal propensities or
execution, without risk to himself arising from the tendencies
defense which the offended party might make. b. to keep the potential criminal off the streets
a. treachery c. to serve as an example to others
b. ignominy d. to deter others from committing the same act
C. passion 68. Ambassador Fukimo Mikuto of Japan to the
d. cruelty Philippines killed (the) Filipina girlfriend of his
62. In determining whether the crime has reached boyfriend Ambassador Jackolino Mastovini of Italy.
the attempted or frustrated or consummated stage, What crime can be charged against the ambassador?
what should be considered? a. murder c. homicide
a. elements constituting the felony b. physical injury d. no, crime as
b. nature of the offense she is exempted from our law
c. manner of committing the felony 69. Under article 5 of the Revised Penal Code,
d. all of the above “when ever a court has knowledge of any act which it
63. What crime is committed by one who acting may deem proper to repress and which is not
under one criminal resolution, commits a series of punishable by law, it shall render the decision and
acts in the same place and about the same time and all shall report to the Chief Executive, through the
overt acts committed violated one and the same penal , the reasons which induce the court to
provisions? believe that said act should be made the subject of a
a. complex crime penal
b. special complex crime legislation.”
c. delito compuesto a. Department of Justice
d. continuing crime b. Philippine National Police
64. Which among the following is a qualifying c. Department of Interior and Local Government
circumstance to the felony of murder? d. Supreme Court
a. Treachery 70. Under article 12 of the RPC, a person is
b. Insanity exempted from criminal liability because of:
c. relationship a. complete absence intelligence
d. recidivism b. complete absence of freedom of action
65. Under the old law a person under 9 but under 15 c. complete absence of intent
years of age is exempted from criminal liability d. complete absence of negligence
unless he acted with discernment. Under the new law, e. all of the above
RA 9344, also known as the Juvenile Justice and
Welfare Act, A person over fifteen and under 18 is (Note: The next three (3) question are connected to
exempt from criminal liability unless he acted with each other)
in love with Y a beautiful nursing student who is
71. X is a 4th year criminology student. He is deeply studying in the
same school where he is enrolled. X’s offer of love to b. attempted murder d. attempted
Y was rejected by the latter. It is for this reason that X homicide.
decided to rape Y. However he could not perpetrate 75. An adult man killing a child (not related to him)
his bestial desire because Y is always guarded by her is always:
6’10” basketball player boyfriend. Unable to satisfy a. infanticide c. murder
his lust, X merely contented himself in having sexual b. cowardice d. parricide
intercourse with Y in his deepest, wildest, darkest and 76. Which of the following words does not belong to
wettest imaginations day and night 24/7. What crime the group?
did X commit? a. intent
a. immorality b. lack of foresight
b. attempted rape c. lack of skill
c. sin d. imprudence or negligence
d. no crime 77. X was caught in the act of pouring gas in the
72. In the above case, assume that X got sick and house of another. He was about to strike the match in
tired of raping Y in his imagination. X wanted a real preparation to set the house on fire when he was
sexual intercourse but could not do so because Y is stooped by alerted citizens. What crime was
already taken by another man and that he is so poor committed?
he could not even afford to hire the services of a a. consummated arson
prostitute. Feeling desperate for companionship and b. frustrated arson
intimate sexual relations, X did the unthinkable. One c. attempted arson
cold, lonely and horrible night he locked himself up d. no crime
in his room together with “fulgoso” his female dog 78. X got mad with his neighbor so he lit a rag
and forcefully had sex with the latter. What crime did soaked with gas and place it against the wall of his
X commit? neighbor’s house. A small, very small portion, repeat,
a. rape c. damage to property very small portion only of
b. acts of lasciviousness d. crimes against the the house was burned. The fire that burned that
order of nature e. none of the above portion could not have even hurt anyone. Luckily the
73. Assume this time that X had the opportunity and fire was put out before it become a major one. What
the luck to somehow slip into the boarding house crime was committed?
where Y was sleeping. Nobody was around except a. impossible crime of arson c.
him (X) and Y as Christmas vacation had just begun. frustrated arson
X commenced the commission of the crime of rape b. attempted murder d.
by forcefully undressing Y, touching her and her attempted arson e. arson
private parts and undressing himself as well. In his 79. Grave abuse of confidence is an example of what
stark and naked glory, X grabbed his erected king of aggravating circumstance?
offending organ pointed it at Y’s private part and was a. qualifying c. inherent
about b. generic d. specific
to insert it to Y’s vagina when in what could be the
most bizarre twist of fate, X suddenly suffered from a DIFFICULT QUESTIONS
premature ejaculation against his will causing his
private part to go soft and limp and remained in that 80. Which is NOT a common requisite of justifying
state despite efforts of X to revive its former glory. circumstances of self defense, defense or relatives and
No penetration took place as a result as it very defense of strangers?
difficult to penetrate another with a flaccid organ. X a. unlawful aggression
was apprehended thereafter. What crime did X b. reasonable necessity of the means employed to
commit? prevent or repel it;
a. impossible crime c. attempted rape c. the person defending be not induced by renege,
b. frustrated rape d. consummated rape hatred or other evil motive
74. A wanted to kill B. He thought of mixing poison d. both a and b
in the drink of the latter. He went to the supermarket 81. USS Destroyer of the U.S. Navy was anchored
and bought a pack of rat killer with the intention to along the stretch of Subic Bay when Cdt. 1st Class
mix its contents to the drink/food of B. On his way Steve Austin stabbed to death his fellow American
home, with the rat killer on his hand he was soldier by the name of Lance Corporal Shawn
apprehended by the NBI authorities. What crime did Michaels. The stabbing incident happened inside the
A commit? USS Destroyer. Which Court shall have jurisdiction
a. no crime c. parricide over the crime?
a. Philippine Court c. U.S. Courts
b. Regional Trial Court of Olongapo d. Philippine
Supreme Court
82. One of these statements is NOT true. Which one
is it?
a. in provocation, the cause that brought about the
provocation need not be a grave offense.
b. in vindication, the grave offense must be made
directly only to the person committing the felony
and no other else
c. in provocation, it is necessary that the provocation
or threat immediately preceded the act, in other words
there must be no interval of time between the
provocation and the commission of the crime
d. in vindication, the vindication of the grave offense
must be proximate which admits of an interval of
time between the grave offense done by the offended
party and the commission of the crime as a retaliatory
measure of the accused

(Note: The next three (3) questions are related to each

other.)

83. Ah Chong was afraid of bad elements. One night

he locked himself in his room by placing a chair
opposite the door. Suddenly he was awakened by
someone trying to open the door. He asked angrily
“Who is there?!” but received no reply except another
barrages of violent knockings. Fearing for his life he
got out of bed and uttered “I will kill you if you enter
the room”. At that precise moment, he was struck by
the chair that was placed against the door, and
believing that his life was in grave danger he got a
kitchen knife and struck and killed the unwanted
intruder. It turned out that the supposed intruder was
his very own lawfully wedded wife and that she was
just playing a practical joke.
Lets us assume that Ah Chong is criminally liable.
For what crime would Ah Chong be held liable with?
a. homicide c. attempted
parricide
b. frustrated murder d. parricide
84. In relation to the above facts, in reality, Ah
Chong is not supposed to be held criminally liable by
the law because Ah Chong acted under:
a. mistake of fact c. self defense
b. uncontrollable fear d. death under
exceptional
circumstances
85. In relation again to the above facts, which of the
following would be least material in the prosecution
of the case assuming that Ah Chong is prosecuted
before the court?
a. The warning “I will kill you if you enter the
room”
b. The Chair
c. The Knife
d. The Bed
86. X, a Filipino is married to Y a Filipina in the
Philippines. After a few months of marriage, X
discovered that Y farts with a sound louder than that
produced by both the Hiroshima and Nagasaki atomic
bombs combined. This turned X off and wished for a
separation. Unable to secure an annulment of his
marriage, X went to the United States and married Z,
a woman who farts with much more finesse and with
less produced sound as measured on the decibel
scale. What crime was committed by X?
a. adultery c. infidelity
b. bigamy d. no crime was committed.
87. In the above question, no crime was committed
by X because:
a. Philippine society has grown tolerant to men who
marry for a second or third time.
b. It will serve a lesson to women who after luring
men into marrying them and represent that they were
pure and decent and god-like would suddenly, after
getting what they want from their men show their true
colors by farting at their men straight on the latter’s
faces.
c. Philippine legislators are mostly men and had
deliberately
omitted to enact laws making laws that will punish
X’s act.
d. If ever the crime committed by X was bigamy
but the act of marrying the second time during the
subsistence of the prior marriage was committed
abroad and the crime of bigamy has no
extraterritorial effects hence the territorial
characteristics of criminal law finds application.
In other words the crime was committed outside
the Philippines therefor no crime was committed
by X.
88. X committed a crime during the time that his
mind is lucid (sane). At the time of his trial he
became insane. What will be the implication of his
insanity to his trial or criminal liability?
a. he is exempted from criminal liability because of
article 12 paragraph 1.
b. trial will proceed but if the judge finds him guilty
then the sentence is suspended
c. trial will be suspended until he regains his
mental sanity.
d. the case will be dismissed
e. no effect at all
89. A, B, C and D conspired to rape E. F, a neighbor
of A, B, C and D knew all along the plan of A B C
and D because he used to eavesdrop on A B C and
D’s conversation but did not report the conspiracy to
the authorities. . Lets us say that A B C and D had
actually consummated the rape of E. In this case F is:
a. a co-conspirator
b. should be held liable for omission
c. an accomplice
d. not criminally liable
90. A with intent to kill, fired his gun at B. He
inflicted a mortal wound. A sudden twist of his
conscience made A repentant when he saw B
wounded and dying. So A himself brought B to the
hospital. B survived as a result of medical
intervention. What crime did A commit?
a. frustrated felony c. frustrated
murder
e. no crime
b. consummated felony d. physical injury
91. X committed suicide by jumping down from the
3rd floor of a building. However an unfortunate balut
vendor who was plying his trade became X’ shock
absorber when X accidentally drop on top of him. X
lived while the balut vendor died. What crime was
committed by X?
a. no crime
b. reckless imprudence resulting to homicide
c. homicide
d. physical injuries
92. A band of robbers tried to rob a bank. X a
policeman responded in the crime scene. An
exchange of gunfire ensued. After the shootout all the
bank robbers are lying dead, including the bank
manager. Upon investigation, it was found out that
the bullet which killed the bank manager came from
the gun used by X. In other words X was the one who
hit the bank manager in the course of the shootout. X
is:
a. liable for the death of the manager and
robbers
b. liable for the death of the manager only
c. not liable at all
d. guilty of reckless imprudence
93. X saw his enemy Y lying on his bed. X saw an 98. Which of the following elements of a frustrated
opportunity to kill Y so he lunged on the latter a crime was not present in this case.
series of hard stabbings. Unknown to X, Y already a. the offender performed all the acts of
died of heart attack an hour ago. We all know that X execution;
committed an impossible crime of murder. There is b. all the acts performed would produce the
no doubt about doubt that. However let us assume felony as a consequence;
that X already knew that Y was already dead when he c. the felony is not produced by reason of
stabbed the already lifeless body of Y. In this case causes independent of the will of the perpetrator.
what crime was committed by X? 99. Which of the following statement is not true?
a. still impossible crime c. unjust a. In justifying circumstance, there is no civil
vexation liability except in state of necessity also known as
b. damage to property d. no crime avoidance of greater evil.
94. X was convicted of Homicide today. Judgment b. In exempting circumstance there is a crime
became final in due course. Assume that about two but there is no criminal
months from today X this time is convicted of c. A person who acts by virtue of a justifying
murder. How do you classify X? circumstance does not transgress the law because
a. recidivist c. hardened criminal there is nothing in the act as well as in the intention of
b. habitual delinquent d. quasi recidivist the person which is unlawful.
95. X with intent to kill aimed his gun against Y. X d. None of these (as all of them are true)
did not know that the gun was empty as it had no 100. Which of the following circumstances will most
bullet in its cylinder. As a result when he pressed the likely
trigger it did not fire. What crime was committed by affect or aggravate Dr. X’s criminal liability?
X? a. dwelling c.
a. impossible crime c. katangahan nightime
b. attempted felony d. attempted b. relationship d. evident
homicide or murder. premeditation
96. 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 CRIMINAL LAW BOOK2
reason for the non firing of the gun was that the gun
suffered a malfunction as the bullet jammed 1. This felony is committed by any Filipino citizen
altogether. What crime was committed by X? or an alien residing in the Philippines who levies war
a. impossible crime c. illegal discharge against the Philippines or adheres to her enemies
of firearm giving them aid or comfort in the Philippines or
b. attempted felony d. frustrated felony elsewhere.
Note: The next six (6) questions are related to each a. Treason c. Flight to enemy
other country
97. Dr. X had long wanted to kill Y his lawfully b. Rebellion d. Sedition
wedded wife. So one night he mixed whitish 2. What crime is committed by one who on the high
substances (arsenic) on the soup of the latter. When seas or in Philippine waters shall attack or seize a
the wife had already finished her meal including the vessel or, not being a member of its complement or
soup with poison, Dr. X had a sudden change of heart passengers, shall seize the whole or part of the cargo
and decided to save the life of the wife by employing of said vessel, its equipments or personal belongings.
his knowledge in toxicology. He immediately a. robbery c. piracy on
administered an antidote. The antidote administered the high seas or Philippine water
by Dr. X prevented the death of the wife who b. terrorism
however unfortunately became vegetable like 3. This felony is committed by any public officer or
(nabaldado) thereafter. What crime was committed by employee, who without legal ground such as violent
Dr. X? insanity or the commission of a crime, shall detain
a. attempted parricide d. consummated another.
physical injuries a. arbitrary detention c.
b. frustrated parricide e. consummated illegal arrest
serious physical injuries b. kidnapping d.
c. attempted murder f. no crime was grave coercion
committed by Dr. X. 4. This felony is committed by a public officer or
employee who, not being authorized by judicial order, court or governmental corporation, board or
shall enter the dwelling of another against the will of commission, shall be deemed to be
its owner. .
a. trespass to dwelling c. abuse a. agent of person in authority
of authority c. public employee
b. violation of domicile b. public officer d.
d. police person in authority
brutality
11. A person who by direct provision of law or by
5. This crime is committed by rising publicly and election or by appointment by competent authority, is
taking arms against the Government for the purpose charged with the maintenance of public order and the
of removing from the allegiance to said government protection and security of life and property such as
the territory of the RP or any part thereof, or deprive policemen and any person who comes to the aid of
the Chief executive or Congress any of their powers persons in authority shall be deemed to be
or prerogatives. .
a. coup d’ etat c. a. person in authority
murder b. public officer
b. sedition d. c. agent of a person in authority
rebellion d. none of them
6. What felony is committed by person or persons 12. This is committed by any person who shall
who belong to the military or police organizations or remove from any penal establishment any person
those who hold public office or employment who confined therein or shall
shall make a swift attack directed against duly help the escape of such person by means of violence
constituted authorities, or any military camp or intimidation or bribery.
installation, communications network or public a. infidelity in the custody of prisoners c.
facilities for the purpose of seizing state power. conniving to evasion
a. rebellion c. insurrection b. delivering prisoners from jail d.
b. coup d’etat d. people power evasion of service of sentence
7. What crime is committed by a public officer or 13. This felony is committed by any convict who
employee who shall arrest or search any member of shall evade the service of his sentence by escaping
Congress while Congress is in regular or special during the term of his imprisonment by reason of
session, except when such member has committed a final judgment.
crime punishable under the RPC by a penalty higher a. infidelity in the custody of prisoners
than prision mayor. c. consenting to evasion
a. unlawful arrest c. arbitrary detention b. delivering prisoners from jail
b. illegal detention d. violation of d. evasion of service of sentence
parliamentary 14. When a convict evades the service of his
immunity sentence by reason of or on the occasion of disorders,
earthquakes or other calamities he should return to the
8. The felony of by any founder, director, penal institution within forty eight (48) hours
and presidents of associations organized for the following the issuance of a proclamation by the Chief
purpose of committing any of the crimes punishable Executive announcing the passing away of such
under the RPC or for some purpose contrary to public calamity. If he does not do this he shall suffer an
morals. additional penalty of how much?
a. illegal assemblies c. terrorism a. one year
b. illegal associations d. none of the b. 1/5
above c. 1/5 of the time remaining under the original
9. This is committed by any person who shall sentence
attack, employ force, or seriously intimidate or resist d. 3 day
any person in authority or his agents while engaged in 15. A form of repetition wherein a person shall
the performance of his duties or on the occasion of commit a felony after having been convicted by final
such performance. judgment, before beginning to serve such sentence or
a. direct assault c. attempted murder while serving the same. If this happens the person
b. indirect assault d. disrespect of rank will be punished the maximum period of the penalty
10. Any person directly vested with jurisdiction, prescribed by the law for the new felony.
whether as an individual or as a member of some a. recidivism
b. habitual delinquency law, popular election or appointment by competent
c. quasi recidivism authority, shall take part in the performance of public
d. reiteration functions in the government, or shall perform in said
16. This is committed either by: a. By giving to a government duties as an employee, agent or
treasury or bank note or any instrument payable to subordinate official, of any rank or class.
bearer or to order, the appearance of a true and a. public officer
genuine document; or b. By erasing, substituting, b. public employee
counterfeiting, or altering by any means the figures, c. person in authority
letters, words or signs contained therein. d. agent in authority
a. falsification c. estafa
b. alteration d. forgery 23. This one is committed by public officers or
17. What felony is committed by any person who employees who, in dereliction of the duties of his
shall knowingly and falsely represent himself to be an office, shall maliciously refrain from instituting
officer, agent or representative of any department or prosecution for the punishment of violators of law, or
agency of the Philippine or any foreign government, shall tolerate the commission of offenses.
or who under pretense of official position shall a. direct bribery
perform any act pertaining to any person in authority b. indirect bribery
or public officer of the Philippine or foreign c. prevaricacion or negligence or tolerance in
government, or any agency thereof, without being prosecution of offenses
lawfully entitled to do so. d. qualified bribery
a. estafa 24. What crime is committed by any public officer
b. falsification or employee who shall agree to perform an act
c. usurpation of authority or official functions constituting a crime, in connection with the
d. illegal use of uniform performance of his official duties, in consideration of
18. This is committed by any person who shall any offer, promise, gift or present received by such
publicly and improperly make use of insignia, officer, personally or through the mediation of
uniform or dress pertaining to an office not held by another.
such person or to a class of person of which he is not a. direct bribery c. prevaricacion or
a member. negligence or tolerance in prosecution
a. illegal use of uniform or insignia b. indirect bribery d. qualified bribery
b. usurpation of authority 25. What crime is committed by a public officer
c. usurpation of official functions entrusted with the collection of taxes and other
d. using fictitious name imposts who shall commit any of the following:
19. This felony is committed by any person who a. directly or indirectly demanding the payment
shall offend against decency or good customs by any of sums different from or larger than authorized by
highly scandalous conduct not expressly falling within law
any other article of the RPC. b. voluntarily failing to issue a receipt, as
a. Indecency provided by law for sums of money collected
b. Public display of affection c. collecting or receiving by way of payment
c. Grave scandal things or objects different from that provided by law.
d. Exhibitionism/Lady Godiva Syndrome
20. He is any person who having no apparent means a. bribery c. estafa
of subsistence, who has the physical ability to work b.qualified bribery d. frauds against the
and neglects to apply himself to some lawful calling. public treasury
a. vagrant
c. orphan 26. This is committed by an accountable public
b. prostitute officer who, shall appropriate, or shall misappropriate
d. jobless or shall consent, or through abandonment or
21. is any women who, for money or negligence shall permit another person to take public
profit, habitually indulge in sexual intercourse or funds or property.
lascivious conduct. a. direct bribery
a. hostess c. prostitute b. technical malversation
c. malversation of public funds
b. ushrette d. waitress
27. This is committed by a public officer who shall
22. He is any person who, by direct provision of consent to the escape of a prisoner in his custody.
a. evasion of service of sentence victims without means of saving themselves; or
b. evasion through negligence c. Whenever the crime is accompanied by
c. conniving with or consenting to evasion murder, homicide, physical injuries or rape
d. other cases of evasion d. Whenever the pirates commit onanism in
28. This is committed by any public officer or front of the lady passengers.
employee who shall overdo himself in the correction 35. Whenever an officer has lawfully arrested a
or handling of a prisoner or detention prisoner under person without a warrant, he must make sure that he
his charge by the imposition of punishment not delivers that person arrested within certain prescribed
authorize by the regulations or inflicting punishment periods to the proper authorities, otherwise he might
in a cruel or humiliating manner. be held liable for delay in the delivery of detained
a. police brutality persons to proper judicial authorities. Which of the
b. sadism following periods prescribed is NOT CORRECT:
c. maltreatment of prisoners a. 12 hours for crimes or offenses punishable
d. physical injuries by light penalties
29. This is committed by any public officer who b. 18 hours for crimes or offenses
shall solicit or make immoral advances to a woman punishable by correctional penalties
under his custody or to other women like the wife, c. 24 hours for crimes or offenses
daughter, sister or relative within the same degree by punishable by accessory penalties
affinity of any person in the custody of a warden or d. 36 hours for crimes or offenses
officer. punishable by afflictive or capital penalties
a. sexual harassment 36. The felonies of arbitrary detention, violation of
b. abuses against chastity domicile, expulsion and others are contained in
c. acts of lasciviousness TITLE TWO (2) Book TWO (2) of the Revised Penal
30. This felony is committed by any person who Code. They are all under the title “Crimes against the
shall intentionally mutilate another by depriving him, fundamental law of the state.” Why are they so
of some essential organ for reproduction. called?
a. castration c. mutilation a. because they violate certain provisions of
b. cutting of happiness d. heinous crime the bill of right in the constitution
b. because that is what the authors of the RPC
INTERMEDIATE wanted their title to be
c. because they are the most heinous crimes in
31. Who is the present Chief Justice of the the RPC
Philippine Supreme Court? d. because I do not know the answer
a. Reynato Puno c. Hilario Davide 37. There are three (3) ways of committing
b. Arturo Panganiban d. Emma Bunton- violation of domicile which among the following is
Gapit NOT a way of committing it?
a. entering the dwelling of another against the
32. What law is titled “An Act to Secure the State will of the owner
and Protect Our People from Terrorism”? It is also b. entering the dwelling of another to avoid
known as the Anti- Terrorism Law or Human greater evil
Security Act of 2007. c. searching papers and effect in the dwelling
a. RA 9372 without the consent of the owner
b. RA 9346 d. refusing to leave the dwelling after being
c. RA 9262 required to do so, the offender having surreptitiously
d. RA 9439 entered the same
33. Cain and Abel are brothers. One day while Abel
was in the fields, Cain stabbed his brother Abel from 38. All of the following are the preferred witnesses
behind. Abel died. What crime was committed by in cases of a lawful search of another’s premises.
Cain? Which among the following is not qualified to act as a
a. murder c. infanticide witness or perhaps the least preferred among them?
b. homicide d. parricide a. members of media
34. Any of the following circumstances will qualify b. owner of the property being searched
the felony of piracy EXCEPT: c. in the absence of owner any family member
a. Whenever the pirates have seized a vessel by d. two witnesses residing in the same locality
boarding or firing upon the same 39. May the crime of coup d’ etat be possibly
b. Whenever the pirates have abandoned their committed by a single person?
a. No subordination of perjury
c. impossible b. false testimony favorable to the defendant d.
b. Yes estafa
d. Yes but it is an impossible crime 46. X a woman, was caught in flagrante delicto in
40. Which among the following is NOT a way of the act of having sexual intercourse with Y a man.
committing Investigation revealed that X had sex with Y in
alarms and scandals? consideration of fifty (P50) pesos only. Assume that it
a. any person who within any town or public was proven that X committed the act of having sex
place shall discharge any firearm, rocket, firecracker for a fee for the first and that precise time only, may
or explosives calculated to cause alarm or danger X be legally considered a prostitute?
b. any person who shall instigate or take an a. yes
active part in any charivari or disorderly meeting b. no
offensive to another or prejudicial to public c. it depends
tranquility
c. any person while wandering about at night or 47. What crime is committed by anyone (adult) who
while engaged in nocturnal amusement shall disturb shall kill a child three years old?
the public peace. a. murder
d. any person who habitually associate c. abortion
himself with prostitutes and profit by it. b. homicide
41. What crime is committed by anyone who shall d. infanticide
bury with pomp the body of a person who has been 48. What time of physical injury is committed by
legally executed? one who shall wound, beat, assault another causing
a. alarms and scandals c.tumults and the offended party to be incapacitated for labor for ten
other disturbances of public order (10) days or more (but should not exceed 30 days)?
b. contempt of court d. charivari a. serious physical injuries c. less serious
42. What is that defense in a criminal case for rape physical injuries
wherein the accused says that he and the supposed b. slight physical injuries d.
rape victim are sweethearts and therefore sexual maltreatment
intercourse was consensual between the two of them? 49. When any person (man or woman) by means of
a. sweetheart defense or theory c. admission force, threat or intimidation, and others means
b. alibi d. specified in article 266-A, inserts his penis into
justifying another person’s mouth or anal orifice, or any
circumstance instrument or object, into the genital or anal orifice of
43. X is a detention prisoner. One night while his jail another person the technical term for the crime is:
guard was not looking, he was able to surreptitiously a. simple rape d. rape
slip away from the provincial jail and managed to b. qualified rape e. statutory rape
escape. What crime did he commit? c. rape by sexual intercourse f. rape by
a. delivering prisoners from jail c. sexual assault
violation of pardon 50. X is the boyfriend of Y. One night against Y’s
b. evasion of service of sentence will, X forcefully had sex with Y. X now is facing
d. no crime charges for rape. Assuming that Y agrees to the
44. In the above case what crime was committed by proposal of marriage by X, what will happen to X’s
the jail officer concerned? criminal liability if marriage takes place?
a. delivering prisoners from jail c. a. criminal liability is partially extinguished
conniving with or consenting to evasion b. criminal liability is totally extinguished
b. evasion of service of sentence d. evasion c. it has no effect because rape now is a private
through negligence crime where the state can prosecute the case alone
45. X told Y that he will use the latter as a false d. actually the marriage has no bearing because
witness in a crime in which X was a party. Y agreed the two are sweethearts and therefore it is the perfect
and the two together with X’s lawyer invented a story right of X to rape Y.
wherein it was made to appear that Y was a witness to 51. X is accused of robbery of a certain house in
a certain transaction. If X would introduce the Muntinlupa City. Upon being arrested X interposed
testimony of Y in court, Y would be liable for the the defense that he was in Cavite City at the supposed
crime of “Offering false testimony in evidence”. time that the robbery was committed. X is interposing
This crime is also known as: the defense of which is
a. deceit c. a plea that the accused was at another place when the
crime was committed. Incidentally this defense is b. more money d.
known as the weakest defense in a criminal case. emergency rule
a. alibi c. 56. Crimes Against Religious Worship is a section
physical impossibility to be found in Title Two of the Revised Penal Code
b. absence d. which is Crimes against the Fundamental Laws of the
justifying circumstance State. Which of the following crimes fall under
52. X was staging a bank robbery alone. The crimes against religious worship?
responding police arrived and surrounded the bank a. interruption of religious worship c.
where X and the male bank manager were physically prohibition of peaceful meetings
trapped at the time. X used the bank manager as a b. offending the religious feelings d. illegal
hostage. After e few minutes of negotiations X finally associations
was convinced to surrender. With respect to the
hostage incident (never mind the attempted bank CORRECT ANSWER A and B
robbery) what possible crime could be charged
against X? 57. Who among the following is NOT an agent of a
a. kidnapping and serious illegal detention person in authority?
b. slight illegal detention a. Policemen e. BIR agents
c. grave coercion b. Municipal treasurer f. Malacanang agent
d. arbitrary detention c. Postmaster g. all of them are
53. It is defined as any human conduct which, agents of person in authority
although not productive of some material or physical d. Sheriff
harm would however, unjustly annoy or vex an 58. Who among the following is a person in
innocent person. authority?
a. unjust vexation c. provocation a. Policeman d.
b. light coercion d. Barangay Captain
unlawful aggression b. Chief of police e.
54. A, B, C and D is a group of male teenager (but Baranggay Tanod
not below fifteen) who are trying hard to attract c. Teacher f. Letters b, c and d
attention (KSP). Every night they always engaged 59. Which among the following is a qualifying
themselves in unruly beer sessions together with all circumstance of murder?
the unpleasant sounds that it creates with the use of a. treachery c.
improvised, cheap and dilapidated musical relationship
instruments such as cauldrons, tin cans etc.. Let us b. habitual delinquency d. intoxication
assume that aside from making “papansin” they are
also doing it to annoy their sleeping neighbors. The DIFFICULT
crime of alarms and scandals may be charged
against them because they involved themselves in 60. X was able to pocket one pack of detergent soap
charivari punishable under paragraph 2 of article 155. while inside SM Supermarket. He was about to leave
What is charivari? the premises of SM when he was accosted by an
a. it is a medley of discordant voices, a mock undercover SM agent and was immediately brought
serenade of discordant voices made on kettles, tin to the police precinct. What crime was committed by
horns etc. designed to insult or annoy X?
b. it is a loud noise causing disturbance a. consummated theft
c. it is simply the act of any person who c. attempted theft
although not productive of material harm would b. frustrated theft
annoy another person d. qualified theft
d. it is the act of people who are in need of 61. X uttered the following remarks to a certain
attention from others especially from the girls. family of lawyers, “Kayong mga Atty. Merrera mga
55. According to RA 4136 the Land magnanakaw, mga walanhiya mga bastos.” What
Transportation and Traffic Code, when two (2) crime was committed by X?
motor vehicles approach an intersection at a. one count of libel
approximately the same time, the motor vehicle on b. as many counts of libel as there are Merrera
the left should yield to the motor vehicle on the right lawyers
because the latter motor vehicle has: c. one count of grave oral defamation
a. right of way (slander)
c. more speed d. as many counts of grave oral defamation
(slander) as there are Merrera lawyers. 68. Which among the following is considered as
62. X is a teller of Banco Filipino Español. He slight physical injuries only?
received a deposit of P5000 from a depositor, which a. maltreatment c. loss of
he pocketed instead of crediting it to the account of one’s
the depositor. The transaction was evidenced by an reproductive organ
official receipt. What crime was committed by X? b. loss of one’s tooth/eye d. burning the skin
a. theft of another
b. estafa 69. Vegeta slapped the face of Sangoku in front of
c. qualified theft a lot of people. What crime did Vegeta commit?
d. malversation of public property a. unjust vexation c. libel
63. X a jail guard while escorting a prisoner en b. slander by deed d.
route to the Regional Trial Court allowed the latter to rape e. slight physical injury
answer the call of nature without taking precaution to 70. While walking along Capsule Corporation,
prevent his escape as indeed the prisoner escaped Inc., Vegeta saw a beautiful lady by the name of
through the windows of the comfort room. What is Bulma. Vegeta suddenly kissed Bulma and gently
the liability of the jail guard? touched Bulma’s breasts. Nobody saw the incident as
a. no liability as it is not required that X would Vegeta and Bulma are the only people around.
even go to the extent of escorting the prisoner inside Without a word, Vegeta left leaving Bulma stultified
the comfort room, otherwise the job of a jail guard and shocked. What crime was committed by Vegeta?
would be very unbearable a. unjust vexation
b. no liability because he was not in conspiracy c. acts of lasciviousness
with the prisoner b. slander by deed
c. evasion of service of sentence d. attempted rape
d. evasion through negligence. 71. X was driving his car when he bumped run over
64. X (a man) forcibly grabbed Y (a woman) by the a pedestrian crossing the street. The pedestrian died.
waist and dragged her to a place hidden from the What crime was committed by X?
public view about 20 meters from the place where the a. reckless imprudence c. reckless
latter was standing. Due to Y’s constant screaming X imprudence resulting in homicide
became afraid and immediately run away leaving Y b. homicide d. homicide
alone. What crime was committed by X? thru reckless imprudence
a. illegal detention c. attempted 72. Insp. Mills arrested X on suspicion of a crime.
rape He interrogated X in the police precinct and when he
b. acts of lasciviousness d. grave failed to illicit any information from X, he caused the
coercion torture of the hapless
65. What crime is committed by a man who would X. What crime was committed by Insp. Mills?
forcibly enter another person’s house without the a. physical injuries
knowledge of the owner but once inside, immediately c. grave coercion
and peacefully left the house the moment he was b. illegal detention
discovered by the owner of the house? d arbitrary detention
a. attempted robbery c. trespass to dwelling 73. A is the son of B. B incurred debt to Don Pedro.
b. frustrated robbery d. qualified trespass Since B did not have the money to pay Don Pedro,
to dwelling Don Pedro required A to work for him for the
66. X became enraged with Y. X was so mad he purpose of paying off the indebtedness of B. This
wanted to get even with Y. At the spur of the moment scheme is against the will of A but he cannot do
Y took the clothes of Y from the drawer and burned anything as he is being forced by Don Pedro. What
them to ashes. What crime was committed by X? crime was committed by Don Pedro?
a. theft c. malicious a. inducing a minor to abandon home c.
mischief exploitation of child labor
b. robbery d. arson b. child abuse d.
67. X threatened Y that he would kill the latter if Y exploitation of minor
would not give Five hundred pesos (P500). What 74. What crime is committed by a notary public
crime was committed by X? who would issue a copy of a deed of sale purporting
a. grave coercion c. that A sold his house and lot to B where in fact no
attempted murder such transaction ever existed?
b. grave threats a. estafa c.
d. attempted homicide forgery
b. falsification condominium unit and were always seen caressing
d. falsification by a private individual each other in public places. Are they liable for any
75. X wanted to become a writer of “graphic and crime?
explicit sex related stories” in a local newspaper. Let a. yes for bigamy c. yes for
us assume that his sex stories do not have any artistic, concubinage
cultural, educational or scientific values whatsoever. b. yes for adultery d. no because they are
One night he went to bed, and placed his not caught having sex
“articles/writings” inside his drawer. These 80. Let us suppose that while in the Philippines a
unpublished articles were stolen by his roommate and serious misunderstanding took place between X and
was sent to “Bombahan”, a cheap daily tabloid Z. X therefore killed Z. What crime was committed
known for its depiction of sexually explicit materials. by X?
When he woke up one morning he was surprised that a. murder or homicide
the NBI is looking for him as he is being charged for c. infanticide
violation of article 201 of the RPC that is “Immoral b. parricide
doctrines, obscene publications and exhibitions and d. rape
indecent shows.” X would be: 81. What acts are made punishable by law
a. convicted for violating artcle 201 committed by
b. convicted for violating article 200 of the 1. imputing to an innocent person the commission of
RPC instead which is Grave Scandal a crime or 2. imputing to him things calculated to
c. not liable because the articles were not blemish the honor or reputation of a person by means
published with his consent of intrigue.
d. liable as mere creation of obscene material is a. libel c.
punishable but his liability is mitigated because the incriminatory machinations
articles were stolen. b. slander d.
76. There is a treasury warrant that is payable to X. incriminating innocent persons
Y unlawfully took possession of that warrant, wrote
the name of X, endorsed it by signing X’s name and 82. A and B were having a heated altercation over
thereafter he was able to encash it. What crime was some trivial traffic misunderstanding. The Barangay
committed by Y? Captain who happened to pass by saw the two while
a. forgery c. theft they were involved in exchanging unpleasantries. The
b. falsification d. estafa Barangay Captain tried to pacified A and B but A
Correct Ans. Theft thru Falsification resented this intervention and punched the Brgy.
Captain causing the latter to break his jaw requiring
77. X is less than three (3) days old. X was killed by more than thirty (30) days hospitalization and
his own father because the father is afraid that his real incapacity. What crime was committed by A?
wife would discover that he (the father) had sired X a. Serious Physical injuries
with Y their “kumare”. What crime was committed b. Assault upon a person in authority
by the father? c. Serious physical injuries with assault
a. no crime upon a person in authority
c. parricide d. Assault upon a person in authority
b. infanticide d. resulting to serious physical injuries
murder 83. X was arrested by Insp. Mills because the
former parked his motor vehicle in a no parking area.
Note: The next three (3) questions are related to each What felony was committed by Insp. Mills?
other. a. illegal arrest c. delay in the
delivery of detained person
78. X (man) married Y (woman) in the Philippines. b. arbitrary detention d. unlawful
Later X went to the USA and married Z. When Y arrest
learned of this, he filed a case against X. What crime
was committed by X? Note: The next three (3) questions are related to one
a. adultery another
c. bigamy
b. concubinage d. 84. X and Y are next door neighbors. X became
immorality irritated by the constant barking of Y’s dog so one
79. In the above case supposing that, X and Z took a night he shot the dog causing the dog to die. What
vacation in the Philippines. They rented a crime was committed by X?
a. homicide c. malicious mischief c. Yes because by returning the lost property to
b. murder d. physical injuries the media, X’s real purpose is only to gain media
85. Supposing after killing the dog, X realized that exposure and not really of his desire to return the bag.
he missed dinner that night and that he was so hungry d. No, because there is absence of criminal
so he took the dog’s carcass and cooked it and intent which is an element of felonies in general.
thereafter ate it. What crime was committed by X?
a. theft Note: The next three (3) questions are related
c. complex crime
b. malicious mischief d. 90. X wanted to kill Y. One night he saw Y deep in
cruelty to animals his sleep in his room. X went out of the house bought
86. Supposing X realized after killing the dog that he gasoline pour it on Y’s house and set it on fire. As a
could be held criminally liable for his act. So he result of the fire Y died. What crime was committed
decided to do away with the evidence of the crime. by X?
He hid the gun which he used to kill the dog inside a. arson c. murder
the drawer of Z another next door neighbor so as to b. arson with homicide d. qualified arson
make it appear that the gun belonged to Z. What 91. Assume that X did not know that Y was inside
crime was committed by X with respect to this latest the house. He poured gas to Y’s house and set it on
act? fire. His only intention was to burn the house. But
a. intriguing against honor c. again, as earlier stated Y was inside the burning house
incriminating innocent person (which is unknown to X) which caused his death.
b. libel d. What crime was committed by X?
slander by deed a. arson c.
arson with homicide (qualified arson)
Note: the next three (3) questions are related to each b. murder
other d. technical arson
92. Assume that X entered Y’s room and while the
87. X a taxi driver, saw a bag left by one of his latter was sleeping, stabbed him to death. X in order
passengers which when he opened contained to hide any traces of the crime decided to burn the
valuables amounting to thousand of pesos. Assume house. What crime was committed by X?
that he deliberately fail to restore the bag and its a. complex crime of murder with arson c.
contents to the passenger would X be held liable and heinous crime
for what crime? b. plain murder d.
a. yes, for theft c. no crime murder and arson
he did not take the money by force 93. What law is titled “Act Prohibiting the Detention
b. yes, for qualified theft d. no crime of Patients in Hospitals and Medical Clinics on
he did not have criminal intent Grounds of Non Payment of Bills.”? It is also known
88. Assume that X is an honest taxi driver so he is as the Anti Hospital Detention Law.
now asking you as a criminology/criminal justice a. RA 9439
graduate as to whom shall he return the bag c. RA 9346
considering that he did not know who its owner was? b. RA 9262
a. I advise him to return the bag to media d. RA 9344
b. I advise him to return the bag to the nearest 94. What crime is committed by say more than ten
police station (10) unarmed persons who gather together in a
c. I advise him to give the bag to me and I meeting for the purpose of committing theft?
will give the bag back to the owner a. conspiracy c.
d. I advise him to give the bag to the illegal
mayor of the city or municipality assemblies e. attempted theft
89. Assume that X returned the bag to a local radio b. no crime d. illegal
station for its safekeeping and eventual return to the associations
owner instead of handing it over to the proper 95. What crime is committed by ten persons about
authorities. Question is X guilty of any crime? half of them being armed, and their purpose in their
a. yes because the law specifically enumerate meeting was to commit the crime of robbery?
the proper person to return lost property and he failed a. conspiracy c. illegal
to do this. associations
b. Yes if the local radio station failed to return b. illegal assemblies d. no crime
the bag X is guilty as an accomplice in the crime 96. X stabbed Y (a woman). At the threshold of
death, that is while Y was about to die, X suddenly EVIDENCE
developed the idea of raping Y. What crime was
committed by X? 1. Evidence is admissible when it is relevant to the
a. rape c. rape issue and is not excluded by the law or these rules
with murder (rules of court) is a statement that expresses:
b. murder d. a. competent evidence c. material evidence
murder (rape as aggravating) b. physical evidence d. cumulative
97. X shot Y with a revolver (the wound was evidence
mortal). Y fell to the ground but amazingly got up
went to his house, and knowing that he would die 2. As a general rule, no evidence shall be admissible
anyway cut his throat to expedite his death. Y died. other than the original document itself, when the
What crime was committed by X? subject of inquiry is its contents, expresses what rule?
a. homicide c. a. best evidence rule c.
physical injuries secondary evidence rule
b. infanticide d. no crime b. parol evidence rule d. english
rule
Note: The next three (3) questions are related to each 3. These are evidence which are addressed to the
other senses of the court.
a. object evidence
98. H and W are husband and wife respectively they c. both and b
having been married before a judge about 1 year ago. b. real evidence d.
H works as a security guard in midnight shift whereas documentary evidence
W stays home nursing their children. One eventful 4. A rule which states that when the terms of an
night H suspicious of W having an affair with their agreement have been reduced to writing, it is
“kumpare”, decided to go home early, true to his considered as containing all the terms agreed upon
hunch, he saw W on top of kumpare, the two being and there can be, between the parties and their
completely naked and in the act of sexual intercourse successors in interest, no evidence of such terms other
(copulation). In a fit of anger H killed both W and than the contents of the written agreement.
kumpare. What crime was committed by H if any? a. best evidence rule
a. parricide with respect to W, murder with c. parol evidence rule
respect to kumpare b. secondary evidence rule
b. murder 5. This is the declaration made by a person
c. death inflicted under exceptional under the consciousness of an impending death.
circumstances a. dying declaration
d. no crime as H is exempted c. declaration about pedigree
99. In the above case assume that H merely b. declaration against interest
witnessed W and kumpare in the act of kissing and 6. Statements made by a person while a startling
caressing each other only. Thereafter he lost his occurrence is taking place or immediately prior or
senses and proceeded to hacked to death W and subsequent thereto, with respect to the circumstances
kumpare. What crime was committed by H if any? thereof is known as
a. parricide with respect to W, and a. dying declaration
homicide with respect to kumpare c. extrajudicial confession
b. murder b. parts of the res gestae
c. death inflicted under exceptional 7. Evidence is admissible when it is relevant to the
circumstances issue and is not excluded by the law or the rules of
d. no crime as H is exempted court. The underlined statement has reference to:
100. Assume that H surprised W and Kumpare a. corroborative evidence c. direct
having carnal knowledge (sexual intercourse), evidence
immediately thereafter he inflicted say, serious or less b. cumulative evidence d.
serious physical injuries upon W or kumpare or both competency of
of them, what crime was committed by X if any? evidence
a. physical injuries c. death
inflicted under exceptional circumstances 8. Evidence must have such a relation to the fact in
b. attempted murder d. no crime as X issue as to induce belief in its existence or non
is exempted. existence. Evidence on collateral matters shall not be
allowed except:
a. when it tends in any reasonable degree is the:
to establish the probability or improbability of the a. pedigree
fact in issue c. filial privilege
b. when it directly imputes to the accused b. parental privilege
the commission of the crime d. parental and filial privilege
c. when it has tendency in reason to pinpoint
the doer of the criminal act 16. is the declaration of an accused
d. when it changes the burden of proof acknowledging his guilt of the offense charged, or of
9. Which of the following does the court shall not or any offense necessarily included therein.
cannot a. admission
make a judicial notice? c. extrajudicial confession
a. law of nations b. confession
b. existence and territorial extent of states d. acknowledgement
c. political history of states 17. It is the examination in chief of a witness by the
d. forms of government and symbols of party presenting him on the facts relevant to the
nationality issue:
e. admiralty and maritime courts of the world a. direct examination
f. latest hits on the pop charts c. re-direct examination
10. Judicial notice may be either mandatory or b. cross examination
discretionary. Which of the following statements may 18. Upon the termination of the direct examination,
the court grant discretionary judicial notice? the witness may be cross examined by the adverse
a. matters which are of public knowledge party as to any matter stated in the direct examination
b. matters which are capable of or connected therewith to test his accuracy and
unquestionable demonstrations truthfulness.
c. matters which are ought to be known to a. direct examination
judges because of their judicial functions. c. re direct examination
d. all of the above b. cross examination
11. An admission made by a party in the course of a d. none of the
proceeding does not require proof. How may the above
admitter contradict such an admission?
a. showing that the admission was made by 19. What do you call that question which suggests
palpable mistake to the witness the answer which the examining party
b. showing that no such admission was made desires to hear; therefore that question is not
c. showing that he was compelled by the permitted?
police to make such an admission a. misleading question
d. both a and b c. leading question
12. It consists of writings or any material containing b. direct examination
letters, words, numbers, figures, symbols or other 20. What is that question where one assumes as true
modes of written expressions offered as proof of their a fact not yet testified to by the witness, or contrary to
contents. that which he has previously stated? Also this kind of
a. object evidence questioning is not allowed in courts.
c. documentary evidence a. misleading question c.
b. prima facie evidence d.realevidence leading question
b. interrogative question
13. These are evidence which are addressed to the 21. An extrajudicial confession made by the accused
senses of the court. shall not be sufficient ground for conviction unless it
a. object evidence is corroborated by evidence of:
c. expert evidence a. two witnesses c. prima
b. documentary evidence facie evidence
14. What are the qualifications of a witness? b. probable cause
a. person who can perceive c. person d. corpus delicti
who can make perception to others 22. In cases filed before administrative or quasi
b. person who believes in God d. both a judicial bodies, a fact may be deemed established if it
and c is supported by substantial evidence. What is
15. No person may be compelled to testify against substantial evidence?
his parents, or descendants or ascendants or children a. that evidence which produces moral
certainty d. prima facie
b. that evidence which produces conviction 28. When an instrument is partly written in words
in an unprejudiced mind and partly of a printed form, which of them shall
c. that evidence which pinpoints a person as prevail if they are inconsistent to one another?
the absolute doer of an act a. the former
d. that amount of relevant evidence which c. either of them
a reasonable mind might accept as adequate to b. the latter
justify a conclusion d. both of them
29. What do you call that evidence which standing
How would you describe the hearsay evidence alone, unexplained or uncontradicted, is sufficient to
rule? maintain the proposition affirmed?
A. a witness can only testify to facts derived a. expert evidence
from his own perception c. prima facie evidence
B. a witness cannot be allowed to testify on what he b. secondary evidence d. direct
overheard evidence
C. a witness must be an adult and must be truthful 30. Any evidence having any value in reason as
D. none of the above tending to prove any matter provable in an action:
23. What must evidence be in order that it may a. object evidence
become relevant to the issue at point? c. relevant evidence
a. it must have a direct bearing and b. testimonial evidence d. false
actual connection to the facts in issue evidence
b. it must not be remote to the issue at point
c. it must not be excluded by the law, the INTERMEDIATE
rules and most especially the constitution
d. both a and c 31. The opinion of a (ordinary) witness may be
24. What do you call that recognition by the court received in evidence regarding:
without the introduction of evidence? It means that a. the identity of a person about whom he
courts will admit without proof of facts those matters has adequate knowledge;
of public concern which are known by all well- b. a handwriting with which he has
informed persons. sufficient familiarity;
a. judicial notice c. the mental sanity of a person with whom
c. extrajudicial confession he is sufficiently acquainted
b. judicial confession d. d. impressions of the emotions, behavior,
hearsay condition or appearance of a person
25. How would you classify maps, x-rays, charts and e. all of the above
the like as evidence? 32. Which among the following is NOT an
a. physical exception to the best evidence rule?
c. demonstrative a. when the original has been lost or
b. object destroyed or cannot be produced in court, without bad
d. real faith on the part of the offeror;
26. In cases filed before administrative or quasi b. when the original is in the custody or
judicial bodies, a fact may be deemed established if it under the control of the party against whom the
is supported by evidence is offered, and the latter fails to produce it
or that amount of evidence which a after reasonable notice;
reasonable mind might accept as adequate to justify a c. when the original consists of numerous
conclusion. accounts or other documents which cannot be
a. substantial evidence examined in court without great loss of time;
c. preponderance of evidence d. when the original is a public record in the
b. proof beyond reasonable doubt custody of a public officer or is recorded in a public
27. is the duty of a party to present office
evidence on the facts in issue necessary to establish e. when the original is already photocopied
his claim or defense by the amount of evidence and the same is I the possession of the party
required by law. offering to prove it as evidence
a. burden of evidence 33. Which among the following is NOT an instance
c. corpus delicti of a disputable presumption?
b. burden of proof a. a person on board a vessel lost during a sea
voyage or an aircraft missing, who has not been heard imperfection in the written agreement
of for four (4) years since the loss of the vessel or b. the failure of the written agreement to
aircraft is presumed dead. express the true intent and agreement of the parties
b. a member of the armed forces who has thereto;
taken part in armed hostilities, and has been missing c. the validity of the written agreement
for four (4) years is presumed dead. d. the existence of other terms agreed upon to
c. a person who has been in danger of death by the parties or successors in interest after the
under other circumstances whose existence has not execution of the written agreement.
been known for four (4) years is presumed dead e. the fairness of the terms and conditions
d. a married person who has been absent for in the written agreement of the parties
four (4) consecutive years. If there is danger of death 40. Evidences obtained in violation of the
under the above circumstances two years absent is constitutional rights of a person are not admissible
only what is needed to presume him dead. because they are proscribed by this rule:
e. none of them a. exclusionary rule
c. constitution
34. The following are the exceptions to the Res b. Miranda rule d. bill
Inter Alios Acta Alteri Noceri Non Debet Rule of
EXCEPT: rights
a. dying declaration 41. If a document is executed in duplicate or
b. admission by co partner multiplicate form, which shall be considered as the
c. admission by co conspirator original?
d. admission by privies a. the first one produced
e. admission by silence c. the first to be signed by the party
b. the first document to be notarized
35. A witness can only testify to facts which he d. each is deemed an original
knows of his personal knowledge, that is which are 42. In cases, an offer of compromise is
derived from his own perception. not an admission of liability and is not admissible
a. testimonial knowledge c. against the offeror.
character evidence rule a. criminal c. administrative
b. hearsay evidence rule d. b. civil d. labor
res gestae 43. How do you call an admission made by a party
36. How can evidence of survivorship be proven? in the course of a judicial proceeding?
a. all of these c. by a. extrajudicial confession c. both
indirect evidence a and b
b. by direct evidence d. by b. judicial confession d.
circumstantial evidence hearsay
37. Under the Revised Penal Code, if the rape 44. How does one classify a carbon copy of a
victim is a minor, a higher penalty is imposed by the document?
law for the crime committed. What would be the best a. it is a duplicate original c. it is
evidence to prove the actual age of a supposed rape neither of the above
victim? b. a secondary evidence d. it is
a. original birth certificate substitutionary evidence
b. certified copy of the birth certificate 45. It is the duty of a person to present evidence on
c. either a or b will do daughter the facts in issue necessary to establish his claim or
d. testimony of the mother regarding age of defense by the amount of evidence required by law.
her a. burden of evidence c. preponderance
38. It means the cognizance of certain facts which of evidence
judges take and act on without proof or introduction b. circumstantial evidence d.
of evidence because they already know them. none of the above
a. judicial notice 46. Where a private document is more than thirty
c. omnipotence (30) years old, is produced from a custody in which it
b. extra sensory perception would naturally be found, and is unblemished by any
d. judicial supremacy alterations, then it may be called as:
39. All of the following are exceptions to the parol a. best evidence c.
evidence rule EXCEPT: corpus delicti
a. an intrinsic ambiguity, mistake or b. documentary evidence
d. ancient document a. by photocopy thereof c. by certified
47. An extrajudicial confession shall not be copy issued by public officer in custody
sufficient for conviction, unless corroborated by b. by recital of its contents d. by having
evidence of: the document authenticated by the City Mayor
a. tow witness 53. The following cannot be witnesses because of
c. corpus delicti mental incapacity or immaturity EXCEPT:
b. affidavit a. those whose mental condition, at the time
d. police blotter of their production for examination, is such that they
48. This rule forbids the addition to or contradiction are incapable of intelligently making known their
of the terms of a written agreement. Oral testimony perception to others
cannot prevail over the written agreement of the b. children whose mental maturity is such as
parties. The purpose of this rule is to give stability to to render them incapable of perceiving the facts and
written agreements. It came from the French word, of relating them truthfully
meaning word of mouth or oral statement. c. persons who are laboring under
a. best evidence rule c. fruit extreme physical illness that affects their gloomy
of the poisonous tree disposition
b. exclusionary rule d. parole 54. According to the disqualification by reason of
evidence rule marriage rule, neither the husband nor the wife during
49. Which of the following is NOT a definition of their marriage may testify for or against the other
an original document? without the consent of the affected spouse. This rule
a. the original of a document is one the has no application in:
contents of which are the subject of inquiry a. civil case by one against the other spouse
b. when a document is in two or more copies b. criminal case for a crime committed by
executed at or about the same time, with identical one against
contents, all such copies are originals the other or the latter’s ascendants or descendants
c. when an entry is repeated in the regular c. both a and b
course of business, one being copied from another at d. none of the above
or near the time of the transaction, all entries are 55. The Latin “Res Inter Alios Acta Nocere Non
originals Debet” means:
d. none of the above a. the law may be harsh but it is the law
50. Alibi is said to be the weakest defense. It is a b. the welfare of the people is the supreme
plea that the accused is somewhere else at the time of law
the commission of the offense. However, in what c. there is no crime if there is no law
instance may the defense of alibi acquire a punishing it
commensurate value in the defense of the accused? d. the rights of a party cannot be
a. where no positive and proper prejudiced by an act, declaration, or omission of
identification of the accused has been satisfactorily another
made 56. A witness can only testify to those facts which
b. when the accused attempts to flee he knows of his personal knowledge, that is which are
from prosecution derived from his own perception. This rule illustrates
c. when the evidence for the defense is what rule?
equally weak a. hearsay rule c. res
d. where the judge is confused about the facts inter alios acta rule
of the case thus necessitating the acquittal of the b. direct testimony rule d. both
accused a and c
51. How may one prove the contents of an original 57. It is an old rule on evidence which states that
document when it has become unavailable such as where on one point the witness has lied, his testimony
when it has been lost or destroyed? upon another point may be disregarded because: false
a. by a copy thereof in one thing false in everything”.
b. by recital of its contents in some authentic a. falsus in uno falsus in omnibus c. actus
document me invito factus non est meus actus
c. by the testimony of witnesses b. omnibus election code d. par in
d. all of the above parem non habet imperium
52. When the original of a document is in the 58. When an inculpatory circumstances are capable
custody of a public officer or is recorded in a public of two or more inferences one which is consistent
office, how may one prove its contents? with the presumption of innocence and the other
compatible with guilt, then the accused must be
acquitted.
a. corpus delicti
c. equipoise doctrine
b. proof beyond reasonable doubt
DIFFICULT
59. A and B are husband and wife. C is their only
daughter. C was raped by A while B was abroad. C
confided to B that she was raped by A. Can B testify
against her own husband for the rape of her daughter?
a. no, because of the disqualification by
reason of marriage
b. no, because only C, the victim may testify
against A
c. yes, because the disqualification by
reason of marriage does not apply in a criminal
case for a crime committed by one against the
other or the latter’s descendants or ascendants
d. yes, if the judge permits B to testify
without objection from the defense.
60. W is totally blind since birth. One night while
walking on his way home, he heard the following
utterances, “Pedro patay ka na hayop ka!” Then
another one uttered “Juan huwag, anung kasalanan ko
sa iyo?” A few seconds thereafter gunshots were
heard and somebody died. Can W be presented as a
witness?
a. no because he is blind and he did not see
who the killer was
b. no because he can never be considered
as an eyewitness
c. yes because of what he heard and he
can perceive and make this perception to others
d. yes because aside from the fact that he
is not disqualified W is also not a co conspirator to
the killing
61. All of these may be established by common
reputation
EXCEPT:
a. verbal acts
c. marriage
b. facts of public or general interest
d. moral character
62. W witnessed a crime yesterday. Because of the
trauma caused by the accidental witnessing of the
crime, he lost his sanity today. Is W qualified to
testify as a witness tomorrow?
a. yes because at the time of the witnessing
of the crime he was sane and his insanity thereafter is
immaterial
b. no because he became insane
c. yes as long as he was sane at the time of
the commission of the crime and at the time of trial a
medical doctor would also testify that W became
insane because of what he saw.
d. yes provided that at the time that W
would testify, he must have regained his normal
sanity
63. May a ten (10) year old boy be allowed to testify
regarding a rape case he had witness?
a. no, because a ten year old boy does not
know everything about sex just yet
b. no, because, his mother will not allow him
to testify
because he’s too young
c. yes, if he already has discernment
d. yes, as long as he can perceive and can
make known his perception to others
64. Pedro and Petra are husband and wife. During
their marriage Pedro confided to Petra that he raped
Lola Basyang a few months back. A year later, Pedro
and Petra’s marriage was annulled. Assume that Lola
Basyang files a case of rape against Pedro, may Petra
testify in court regarding the confession made by
Pedro to her?
a. no, because it’s all in the past.
b. no, because it is considered as hearsay.
c. yes, because the crime is not committed
against her or her ascendants or descendants
d. yes, if Pedro consents to the testimony
of Petra
65. Elias, a catholic went to Padre Salvi and
confessed that he together with Crisostomo, Basilio
and Quiroga were planning to stage a rebellion. The
execution of the plan was prevented by alert military
intelligence. May the court where the rebellion case is
filed, compel Padre Salvi to testify against Elias by
divulging the specifics of Elias’ confession?
a. yes, otherwise Padre Salve could be held
liable for rebellion also
b. no, because it is not an exception to
hearsay rule.
c. no, because Elias never confessed anything
to that dirty slime Padre Salvi, if this is the case, then
the question would be amending the storyline of
Rizal’s novel which could raise national protest
among historians, academicians and the intellectuals.
d. as a general rule no, because of the rule
on priest/minister-penitent privilege
communication
66. Crispin was arrested by the police upon
complaint of the Kura Paroko for allegedly stealing
ten pesetas. Upon custodial investigation, Crispin
waived his right to counsel and voluntarily confessed
his participation in the stealing of the ten pesetas.
What is the status of the confession?
a. the confession is inadmissible because we
all know that Crispin is innocent of the crime
b. the confession is admissible if the waiver
to counsel was put into writing
c. the confession is inadmissible because it
should be in writing and made in the presence of NAPOLCOM
counsel b. PNP Chief
d. the confession in not admissible because it d. DILG
was not notarized 72. What do you call the statement made by a
67. What is the “calling out power” of the wounded offended party immediately after he
President of the Philippines? received several stab or gunshot wounds narrating the
a. it means he has the power to call citizens circumstances thereof which is admissible in evidence
to serve the country. and which may be taken as part of:
b. it means he has the power to summon the a. res judicata
PNP to disperse unlawful assemblies and rallies c. res gestae
c. it means he has the power to call out the b. res inter alios acta d. res
armed forces to prevent or suppress lawless gist
violence, invasion or rebellion
d. none of the above. Note: The next three (3) questions are related to each
68. Impeachment is the legal process of removing other
certain public officials from the government offices
which they hold. All of the following are impeachable X stabbed Y a mentally deranged person, when the
officers EXCEPT: latter’s back was turned against the former. Despite of
a. President and Vice President this Y was positively sure that it was X who stabbed
b. Members of the Supreme Court him because only X had the reason to do such a thing
c. Members of the Constitutional to him because of an old grudge between them. Upon
Commissions being brought to the hospital and in critical condition
d. Senators and Congressman in the intensive care unit, PO1 A was able to
69. Amendments or Revisions to the constitution interview Y. Y disclosed to PO1 A that it was X who
may be made by any of the following methods: stabbed him. A few days thereafter Y expired. What
One: By People’s initiative; would establish theidentity of the accused, or to put it
Two: By Constitutional Convention; and in another way, what would you call the statement of
Three: By Congress itself upon a vote of ¾ of all its Y?
members. Question: The number three (3) method is A. res gestae c. direct
also known as: testimony
B. dying declaration d.
a. Constitutional convention (ConCon) corroborative
b. Constitutional Assembly (ConAss) 73. In the above case, assuming that Y did not die
c. Plebiscite because of skillful medical intervention, but during
d. This is unfair question this is not lifted from the precise time that he believed that death was
the rules on evidence, why is the examiner asking this impending, he actually confided to PO1 A that it was
question? X who stabbed him, what then would become of Y’s
statement?
70. W saw a murder scene incident, unfortunately a. it becomes a dying declaration c. it
for him the culprits saw him and in order to silence becomes a direct testimony against X
him off, the unscrupulous killers cut his tongue off. b. it becomes parts of the res gestae d. it
Now W is unable to speak. Is W still qualified to becomes useless as evidence
become a witness? 74. In relation to the above case again, in reality the
a. no, because he is unable to testify through statement of X might not become admissible in
speaking. evidence either as a dying declaration or parts of the
b. yes, because he is still alive res gestae because of the absence of this element:
c. no, he is no longer credible a. the death is imminent and the declarant
d. yes because at the time of the incident he is conscious of that fact
can perceive and at the time of his testimony he b. the preliminary facts which bring the
can still make known his perception to others declaration within its scope be made to appear
71. Article Sixteen Section Six (Art. XVI. Sec. 6) c. the declarations relates to the
of the Constitution says: “That state shall establish and factsor circumstances pertaining g to the
maintain one national police force which shall be fatal injury or death
national in scope and civilian in character, to be d. the declarant would have been
administered by ”’ competent to testify had he survived.
a. The President c. 75. Ms. M was kidnapped by four (4) sex crazed
men and 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 c. parts
of the res gestae
b. dying declaration
Note: the next three (3) questions are related to each
other
76. X and Y are husband and wife respectively they
having been married a long time ago. During this
marriage, X confided to Y that he used to be a
member of a bank robbery and kidnap for ransom
syndicate. When Y learned of this confession, he lost
his affection to X and decided to stay away from him.
Later the Philippine National Police offered Y to act
as witness for the prosecution against X. May Y
testify against X?
a. yes because they are now separated and Y
lost his love for X
b. no because of the rule on privileged
marital communication rule
c. yes because Y did not know of the
background of X
d. no because of the rule on privileged
communication rule unless the spouse concerned
gives his consent
77. In the above case assume that X and Y are
common law husband and wife, may Y on this
occasion testify against her husband?
a. yes if the husband consents c.
absolutely yes, the husband consent is immaterial
b. still no d. maybe
yes
maybe no
78. Assume that X and Y are legally married. X
committed rape against Z. Z is the common daughter
of X and Y. May Y testify against X?
a. no because of the rule on privilege
communication
b. yes because it is now a crime committed
by one spouse against the other or the latter’s
direct descendants or descendants.
c. no because X did not give his consent
d. it depends if the child Z would also agree
to testify against X his own father
Note: The next three (3) questions are related to each
other
79. Attorney X was approach upon by Y who is an
accused in criminal case for parricide and asked the
latter certain questions which partook the nature of a
lawyer client relationship. In his queries, Y was able
to disclose to the Attorney X that he was the one who
actually killed his wife. Attorney X declined to
defend Y as he believed that Y’s case is a hopeless
case. 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 so doing
b. no because a lawyer is prohibited to be a
witness
c. no because of the privilege
communication between lawyer and client unless
his client, Y consents to such proposed testimony.
d. yes because there is no mention in the case
that Y paid attorney’s fees to attorney X, therefore
there is no attorney and client relationship to speak of
80. Let us assume in the above case, that attorney
X’s stenographer or secretary or anyone of his
employees in his law office was able to overheard 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
and there is no exception to the rule
b. yes so long as the Y client consents if he
does not no
c. as a general rule no, unless attorney X
gives his consent
d. no, as a general rule, unless both
attorney X and the client Y give their respective
consents
81. 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 how he could do it with
legal impunity. May attorney X this time go to court
and testify against Y?
a. no unless Y gives his consent c. no
unless the employees of atty. X consents
b. yes
d. no absolutely
82. Assume that parricide case is now under trial.
Attorney X felt insulted when Y after consulting him
about the case did not retain him as his defense
counsel in the parricide case despite Y’s
representation that he would get attorney X as
defense lawyer. To get even with Y, attorney X
undertook the prosecution of the case against Y in the
same criminal case. What crime did attorney X
commit?
a. no crime
c. betrayal of trust of an attorney
b. treachery survived.
d. unethical conduct and treachery by an
attorney a. numbers 1 to 5 are correct
83. X was brought before the municipal hall by b. numbers 1, 2, 3 and 4 are correct
angry town’s people and every body was pointing at c. number 6 is the only correct presumption
him and cursing imputing to him that they caught him d. all of them are correct presumption
in the act snatching the purse of a jeepney passenger.
Despite of these accusations X merely bowed his 87. Assume that Mario is 59 years old. Assume that
head and said nothing. X silence is considered as: his wife Maria is 18 years old. Both of them boarded
a. admission by silence c. a luxury cruise on the way to Boracay Island to
extrajudicial confession celebrate their honeymoon when the cruise ship
b. exercise of his right to remain silent encountered a heavy downpour of water with strong
d. admission winds that eventually capsized the vessel. Now, both
84. X is an accused in a criminal case for rape. X of them could no longer be found. Who among the
tried to settle the case with the family of the offended two shall be deemed to have survived the other?
party. X’s act of settling the case is: a. Maria c. The
a. an offer of compromise and implied ship captain
admission of guilt b. Mario
b. an offer of compromise and is not an implied d. None of the above.
admission of guilt 88. What is the proper order of examination of a
c. a quasi confession of guilt witness?
d. an offer to settle the case to buy peace a. direct examination by the proponent cross
85. X is an accused in a reckless imprudence case examination by the opponent
resulting to homicide (a quasi offense). X went to the re direct examination by the proponent re cross
relatives of the offended party and offered to settle examination by the opponent
the case in order that the family of the victims might b. direct examination by the opponent
withdraw the criminal case. X’s act of settling the cross examination by the component re direct
case is: examination by the judge re cross examination by the
a. an offer of compromise and pao lawyer
implied admission of guilt c. direct examination cross examnation
b. an offer of compromise and is not an re direct examination re cross examination
implied admission of guilt 89. The question in a trial of a case such as “Did
c. a quasi confession of guilt you see the accused shot the victim”? is not allowed
d. an offer to settle the case to buy peace under the rules on evidence because it is a:
a. incriminating question
c. hearsay
Note: The next two (2) questions are related b. misleading question
d. leading question
86. Under the rules when two persons perish in the 90. The rule is before a witness can be impeached
same calamity, and it is not shown who died first, the by evidence that he has made at other times
following rules of disputable presumption shall be statements inconsistent with his present testimony,
applied: the statement must be related to him, with the
1. If both were under the age of 15 the older is circumstances of the times and places and the persons
deemed to have survived present, and he must be asked whether he made them
2. If both were above the age of sixty, the and if so allowed to explain them. This is known as:
younger is deemed to have survived a. direct examination
3. If one is under 15 and the other above 60, the c. laying the predicate
former is deemed to have survived b. cross examination
4. If both be over 15 and under 60 and the sex be d. none of the above
different, the male is deemed to have survived, if the 91. As a general rule, evidence of good character of
sex is the same, the older. a witness is not admissible until such character has
5. If one be under 15 or over 60, and the other been .
between those ages, the latter is deemed to have a. impeached c. put
survived into doubt
6. if one be a female and the other is a known gay b. destroyed d. all of
and regardless of sex, the former is deemed to have them
92. Any public record, must not be removed from b. a bribe to prevent the parents from suing X
the office in which it is kept except upon order of the c. admission of criminal liability
court where the inspection of the same is essential to d. not an admission of any criminal or
a just determination of a case. This is the doctrine of: civil liability
a. irremovability of public record c. 98. X a minor committed a crime. Trial ensued and
sanctity of public records X was convicted. However under the present law
b. removability of public records d. existing, the imposition of the penalty shall be
archived public records suspended. X’s case records were committed to the
93. X admitted before the police station that he DSWD for study and monitoring. Y, a member of
killed Y. He even signed a document attesting to this civil society group inquired from the DSWD if X had
fact with all the procedural and constitutional a pending criminal case or records with that
requirements being followed to the letter. At the trial department. May the DSWD disclose the prior
of the case the only evidence presented by the conviction of X?
prosecution was the extrajudicial confession of X a. yes, because it is a public record
written in a piece of official document. X would be b. no because it is supposed to be
most likely acquitted because there is absence of confidential and the records could partake the
proof of: nature of privilege communication
a. corpus delicti c. c. yes so long as the inquiry is done in good
intent faith
b. motive d. d. it depends if Y had the money to bribe the
lawyer for X. DSWD officials
94. Circumstantial evidence is sufficient to produce
conviction if all the following requisites are present CRIMINAL PROCEDURE AND COURT
EXCEPT: TESTIMONY
a. there is more than one circumstance
b. the circumstance can be proven by 1. What is that sworn statement charging a person
direct testimonial evidence with an offense, subscribed by the offended party, any
c. the facts from which the inferences are peace officer, or other public officer charged with the
derived are proven; and enforcement of the law violated?
d. the combination of all the circumstances is a. complaint c.
such as to produce conviction beyond reasonable denuncia
doubt b. information d.
95. Leading questions are not allowed except on the affidavit
following cases. Which of the following is NOT an 2. What is that accusation in writing charging a
exception? person with an offense, subscribed by the prosecutor
a. direct examination and filed with the court?
b. on crosss examination a. complaint c.
c. on preliminary matters denuncia
d. when there is difficulty to get direct b. information
answers ignorant/child witness. d. affidavit
96. Which of the following is NOT an exception to 3. All criminal actions either commenced by a
the hearsay evidence rule? complaint or information shall be prosecuted under
a. entries in the course of business the direction and control of a:
d. learned treatises a. private prosecutor
b. entries in official records c. public prosecutor
e. deposition at former proceedings b. judge
c. commercial lists and the like d. pao lawyer
f. none of them 4. In case of heavy work schedule or lack of public
97. X was driving his car when suddenly a girl prosecutor, the private prosecutor may be authorized
crossed the street and thus hitting the latter. X in writing by the
immediately brought the girl to the hospital. Upon to prosecute the case subject to the
meting the parents of the victim X immediately approval of the court.
offered to pay the entire medical, hospital or other a. chief prosecution office c.
expenses related thereto. What is the implication of judge
this offer? b. regional state prosecutor
a. it is an admission of liability d. either a or b
5. The crimes of adultery and concubinage shall of the above.
not be prosecuted except upon a complaint filed by 12. It is an offense which, under the law existing at
the: the time of its commission and of the application for
a. offended children admission to bail may be punished with death.
c. fiscal a. continuing offense c.
b. offended spouse complex crime
d. private prosecutor b. transitory crime d.
6. is an inquiry or proceeding to capital offense
determine whether there is sufficient ground to 13. It is an undertaking constituted as a lien on the
engender a well founded belief that a crime has been real property given as security for the amount of bail.
committed and the respondent is probably guilty, and a. cash bond c.
should be held for trial. property bond
a. preliminary investigation b. corporate surety d.
c. inquest recognizance
b. preliminary examination 14. The amount of bail shall be fixed by the judge
d. inquiry by considering certain circumstances. Which of the
7. Under the latest amendment to the rules all of the following shall NOT be a factor in fixing the amount
following may conduct preliminary investigation of bail?
EXCEPT: a. the propensity/habit of the accused to
a. provincial or city prosecutors and their give money to court personnel
assistants b. financial ability of the accused to give bail
b. judges of the municipal trial courts c. probability of the accused appearing before
and municipal circuit trial courts the trial
c. national and regional state prosecutors d. nature and circumstances of the offense
d. other officers as may be authorized by law e. penalty for the offense charged
8. It is the taking of a person into custody in order 15. Whenever a counsel de officio is appointed by
that he may be bound to answer for the commission court to defend the accused at the arraignment, he
of an offense. shall be given a
a. arrest c. to consult with the accused as to his plea
seizure before proceeding with the arraignment.
b. search d. a. reasonable time c. at
custodial investigation least one decade
9. The head of the office to whom the warrant of b. one hour d. one
arrest was delivered for execution shall cause the millennium
warrant to be executed within days from its 16. The arraignment of the accused may be
receipt. suspended on any of the following grounds
a. 5 c. EXCEPT:
15 a. the accused appears to be suffering from
b. 10 d. 20 an unsound mental condition
10. is the security given for the release of a b. there exists a prejudicial question
person in custody of the law, furnished by him or a c. a petition for review of the resolution of
bondsman, to guarantee his appearance before any the prosecutor is pending at either the Department of
court. Justice, or the Office of the President
a. bribe money c. d. the counsel for the accused failed to
deposit appear and is asking for postponement of the
b. mortgage d. bail arraignment
11. Before or after conviction by the Metropolitan 17. When may the accused file a motion to quash
Trial Court, Municipal Trial Court, or Municipal the complaint or information?
Circuit Trial Court and before conviction by the a. anytime before conviction c. anytime
Regional Trial Court of an offense not punishable by before entering his plea (or before arraignment)
death, reclusion perpetua, or life imprisonment all b. immediately after conviction d. before the
persons in custody shall be admitted to bail as a filing of the complaint or information
matter of: 18. Which of the following is NOT a ground for a
a. right c. motion to quash?
optional a. that the facts charged do not constitute an
b. discretion d. none offense
b. that the court trying the case has no on ground of insufficiency of evidence
jurisdiction over the offense charged b. before the prosecution rests its case and on
c. that more than one offense is charged ground of insufficiency of evidence
except when a single punishment for various offenses c. before the accused pleads to the
is prescribed by law information on grounds of insufficiency of evidence
d. that criminal action or liability has been d. all of the above.
extinguished 25. is the adjudication by the court that the
e. that the accused is not the real accused is guilty or not guilty of the offense charged
perpetrator of the crime charged and the imposition on him of the proper penalty.
19. The provisional dismissal of offenses a. acquittal
punishable by imprisonment not exceeding six (6) c. trial
years shall become permanent after issuance b. memorandum
of the order without the case having been revived. d. judgment
a. one year c. three 26. When may the court grant a new trial or
years reconsideration?
b. two years d. six a. anytime before judgment of
years conviction becomes final
20. Pre-Trial is now mandatory in criminal cases. b. after judgment of conviction becomes final
Which of the following is NOT one of those to be c. before pleading to the complaint or
considered in a pre-trial conference? information
a. plea bargaining d. d. before the accused begins to serve his
waiver of objections to admissibility of evidence sentence
b. stipulation of facts e. 27. Which of the following is a ground to grant new
none of the above trial trial?
c. marking for identification of evidence a. errors of law or irregularities prejudicial to
21. After a plea of not guilty has been entered, the the substantial rights of the accused have been
accused shall have at least how many days to prepare committed
for trial? b. new and material evidence has been
a. 15 days c. 30 discovered which the accused could not with
days reasonable diligence have discovered and produced at
b. 20 days d. 10 the trial.
days c. none of the above
22. All of the following are grounds to discharge one d. both a and b
of the accused as a state witness EXCEPT: 28. What is that order in writing issued in the name
a. there is absolute necessity for the of the People of the Philippines, signed by a judge
testimony of the accused and directed to a peace officer, commanding him to
b. there is no other direct evidence available search for personal property described therein and
for the proper prosecution of the offense except his bring it before the court.
testimony a. warrant of arrest
c. the accused does not appear to be the most c. information
guilty b. john doe warrant
d. the accused has not been convicted of any d. none of the above
offense involving moral turpitude 29. All of the following may be searched and seized
e. the accused is the least guilty by virtue of a warrant EXCEPT:
23. The accused has the right to a public trial. a. subject of the offense
However, the judge may exclude the public from the b. stolen or embezzled and other proceeds, or
courtroom if: fruits of the offense
a. the witness is watching c. used or intended to be used as a means
b. the counsel of the accused requested of committing an offense
c. evidence to be produced is offensive d. PS2 or game boy advance owned by the
to decency or public morals child of the respondent
d. there is a prejudicial question and the 30. A person lawfully arrested may also be
judge wants to review his notes first searched for dangerous weapons or anything which
24. When may the accused file a demurrer to may have been used or
evidence and what is its sole ground? constitute proof in the commission of an offense
a. after the prosecution rests its case and without search warrant. This describes:
a. search incidental to a lawful arrest c. b. writ of habeas corpus
unconstitutional arrest MODERATE
b. search incidental to unlawful arrest
d. warrantless arrest 37. All of the following are grounds to suspend the
31. These are facts and circumstances that would scheduled arraignment of the accused EXCEPT:
lead a reasonably discreet and prudent man to believe a. the accused appears to be suffering from
that an offense has been committed and that the an unsound mental condition which effectively
object sought to be seized is in the place sought to be renders him unable to fully understand the charge
searched. against him and plead intelligently thereto
a. proximate cause c. b. there exist a prejudicial question
affidavit c. a petition for review of the resolution of
b. probable cause d. the prosecutor is pending at either the DOJ or the
suspicion Office of the President (in which case the suspension
32. What system of criminal procedure is present shall not exceed 60 days counted from the filing of
when the prosecution of offenders is left to the the petition)
initiative of the officers of the law? Violence, torture d. the accused has not yet procured a
and secrecy are the distinguishing feature of this counsel of his own choice despite having been
system. given the opportunity to do so in earlier settings
a. accusatorial c. 38. The public prosecutor is said to be in “direct
mixed control and supervision of a criminal case.” What is
b. inquisitorial meant by this statement?
d. electrical a. he must be physically present in court
33. In information must be filed in: and he may turn prosecution of the case to a
a. the court c. private prosecutor but under his supervision.
public attorney’s office b. it means he is better and higher than the
b. fiscal’s office d. police judge
officer c. he must see to it that justice is done
34. is one which arises in a case, the d. it means he can sell the criminal case if the
resolution of which is a logical antecedent of the price is right
issues involved in said case and the cognizance of 39. What do you call that procedure where hearings
which pertains to another tribunal. Under the old of testimonies are dispensed with instead only
jurisprudence it is one that must necessarily involve affidavits or counter affidavits of the parties and their
one criminal and one civil case. witnesses are made in lieu of the former, subject
a. motion to quash c. however to cross examination.
demurrer a. regular procedure
b. prejudicial question c. special procedure
d. double jeopardy b. trial
35. is a remedy available to any person d. summary procedure
whose right to life, liberty and security is violated or 40. RA 7438 is titled “An Act Defining Certain
threatened with violation by an unlawful act or Rights of Persons Arrested, Detained or Under
omission of a public official or employee, or of Custodial Investigation”. Under this law who among
private individual or entity. It shall cover extralegal the following has no right to visit the person under
killings and enforced disappearances. custodial investigation?
a. writ of amparo c. writ a. fiancé or fiancée
of habeas data c. Ngo representative
b. writ of habeas corpus b. uncle or aunt d.
36. is a remedy available to a person media personnel
whose right to privacy in life, liberty or security is 41. In which of the following cases shall application
violated or threatened by an unlawful act or omission for bail be denied by the court?
of a public official or employee, or a private a. when the offense charged is capital offense and
individual or entity engaged in the gathering, evidence of guilt is string
collecting or storing of data or information regarding b. after judgment of conviction has become
the person, family, home and correspondence of the final
aggrieved party. c. when the accused has commenced to
a. writ of amparo c. writ of serve his sentence
habeas data. d. all of the above
42. Jurisdiction of the court over the person of the mixed
accused is acquired by the following EXCEPT: 50. It is an act that EXPANDED the jurisdiction of
a. upon his voluntary appearance in court Regional Trial Courts, Municipal Trial Courts and
b. upon the arrest of the accused other lower courts in the Philippines.
c. upon his release from detention a. RA 7691 c. RA
d. none of the above 8551
43. Who acts as the alter ego of the judge who takes b. RA 7438 d. RA
charge of the business of the court and supervises all 8485
other court staff? 51. Which among the following has no judicial
a. PAO lawyer power?
c. clerk of court a. RTC c. Shari’ a courts
b. prosecutor b. MTC d. Napolcom
d. chief of police 52. Metropolitan Trial Courts, Municipal Trial
44. Which among the following is (illegal) will not Courts and Municipal Trial Courts are the courts that
justify arrest without a warrant? administer Summary Procedure cases. Which
a. hot pursuit among the following does NOT fall under the rules
c. arrest based on probable cause on summary procedure?
b. continuing crime a. violations of traffic laws, rules and
d. mere suspicion regulations
45. Which among the following is required by the b. violations of rental laws
Rules of Court to conduct monthly personal c. violations of city or municipal ordinances
inspections of provincial, city and municipal jails to d. criminal cases where the penalty
ascertain the number of detainees, inquire on their prescribed is imprisonment not exceeding six (6)
proper accommodation and health and examine the months or a fine not exceeding one thousand pesos
condition of jail facilities? (P1,000.00) or both
a. RTC judges e. violations of BP 22 cases
c. CHR f. offenses punishable by reclusion
b. Executive judges of RTC concerned perpetua
d. PAO 53. Which of the following is NOT a requisite (of
46. An application for or admission to bail shall not criminal jurisdiction) before a court can exercise its
bar the accused from challenging the validity of his power to hear and try a certain case?
arrest or the legality of the warrant issued therefore , a. jurisdiction over the subject matter
or from assailing the absence of a preliminary b. jurisdiction over the person of the accused]
investigation, provided that he raises them: c. jurisdiction over the territory where the
a. before entering his plea c. after offense was committed
conviction d. none of them (as all of them are
b. immediately after entering his plea d. requisites)
none of the above 54. What is that rule where the private offended
party may intervene in the criminal prosecution either
47. Which of the following motion may be availed personally or through counsel?
of after arraignment? a. miranda rule c.
a. motion to quash English rule
c. motion to set case for pre-trial b. french rule d. rule
b. motion to dismiss of intervention
48. Which department of the government has the 55. In a complaint or information, how is the real
power to order a change of venue of trial so as to nature of the crime as charged determined?
avoid a miscarriage of justice? a. by the facts recited in the complaint
a. supreme court or information
c. congress b. by the title or caption of the
b. department of justice complaint or information
d. executive branch c. by the designation of the offense made
49. There are three (3) types of criminal procedure by the offended party
which among the following is NOT one of them? d. by the amount of the filing fee paid by the
a. accusatorial c. offended party
industrial 56. Which among the following is NOT a
b. inquisitorial d. constitutional right of the accused because it is a mere
statutory right and NOT a constitutional right? automatically cancelled upon acquittal of the accused,
a. the right to be presumed innocent until the dismissal of the case, or execution of the judgment of
contrary is proved conviction.
b. the right to be informed of the nature and a. true c. false
the cause of the accusation against him b. partly true d.
c. to be present and defend in person and by absolutely false
counsel at every stage of the proceedings, from 64. In (Metropolitan) Manila and other chartered
arraignment to promulgation of judgment. cities, the complaint shall be filed with the office of
d. to appeal in all cases allowed and in the the unless otherwise provided in their charters.
manner prescribed by law. a. prosecutor c. PAO
57. What do you call that practice where the accused b. private prosecutor d. clerk
(who may not even be a lawyer) personally of court
undertakes his defense in a criminal case without the 65. Which of the following is true about doubts in
assistance of a counsel whether de parte or de officio criminal cases?
after the judge is satisfied that he can intelligently a. all doubts should be resolved in favor of
defend himself without the assistance of a counsel. the accused
a. kayabangan!!! b. all doubts should be resolved in favor of
c. appearance in propria persona the state
b. pro se practice c. all doubts should be resolved in favor
d. both b and c of the prosecution
58. How do you make an application for search d. all doubts should be removed because
warrant? conviction must be beyond shadow of a doubt
a. by motion and set the case for hearing 66. What is the proper time in affecting or executing
b. by announcing it on television a search warrant?
c. upon application with the proper court a. it must be served in the day time as a general rule
and heard ex parte b. it may served at anytime of the day or
d. upon application with the fiscal and night if thee appears in the affidavit that the property
heard in chambers is on the person or in the place ordered to be searched
59. So that a waiver of the rights of a person under on such time.
custodial investigation may be valid, which of the c. it must be served during nighttime only
following is a requirement? d. both a and b
a. done voluntarily and intelligently 67. In the conduct of a preliminary investigation,
b. the waiver must be in writing the investigating prosecutor shall either dismiss or
c. the waiver must be in writing and with issue a subpoena to the respondent within after the
his assistance filing of the complaint.
d. all of the above a. 10 days
60. Which of the following is the Witness c. 20 days
Protection, Security and Benefit Program law? b. 15 days
a. Act 3815 c. RA d. 1 month
6981 68. The illegality of arrest must be questioned by
b. RA 8551 d. RA the accused otherwise it is deemed waived.
9262 a. anytime after conviction
61. A demurrer to evidence may also be called: b. before trial
a. motion to dismiss c. before entering his plea
c. motion to postpone d.all of the
b. motion to quash above
62. When may the bail of the accused be
declared as forfeited? 69. Which of the following CANNOT be seized?
a. if the accused fails to appear in court in person a. subject of the offense
as required b. stolen or embezzled and other proceeds, or
b. if he fails to give bribe money as required fruits of the offense
c. if he commits another crime during his c. used or intended to be used as the
temporary liberty means of committing an offense
d. all of the above d. any property that can be used as an
63. A bail may be cancelled upon surrender of the evidence to prosecute the offender
accused or proof of his death while, it is deemed
70. In certain cases where the parties involved are jeopardy
residents of the same city or municipality, there is a k. NONE OF THESE
condition precedent before a criminal case maybe 74. In the above question which ground for a motion
filed in court. What is this condition precedent? to quash in not waived even if NOT ALLEGED by
a. amicable settlement before the lupong the accused?
tagapamayapa under the katarungang a. letters a,b, g and i
pambarangay law b. letters c, d, e, f
b. police blotter c. letter f,g, and h
c. medico legal investigation d. letter L
d. all of the above 75. The Judiciary Reorganization Act is also
71. A private prosecutor can take over or handle the known as BP
prosecution of a criminal case from the public 180. When was it approved?
prosecutor only when: a. January 1, 1932
a. he is authored by the DOJ c. August 14, 1981
b. he is under the authority and control of b. December 8, 1930
the public prosecutor and permitted by the 76. When may a person be arrested without a
offended party which is implied warrant?
c. he is a member of the Integrated Bar of the a. when in the presence of the arresting
Philippines person, the person to be arrested has committed, is
d. he is not convicted of a crime involving actually committing or is attempting to commit an
moral turpitude offense.
72. When does judgment of conviction become b. when an offense has just bee committed
final? and the arresting officer has probable cause to believe
a. after the lapse of the period for based on personal knowledge of facts that the person
perfecting an appeal to be arrested has committed it
b. when the sentence has been partially or c. when the person to be arrested is a prisoner
totally satisfied or served who has escaped from a penal establishment
c. when the accused has waived his right to d. all of the above
appeal
d. when the accused applies for probation Note: The following four (4) questions are related to
e. all of the above each other

DIFFICULT 77. X an illiterate provincial folk was arrested by the

Note: the next two questions are related police and is now under custodial investigation. X
was ceremoniously informed of all of his rights by the
73. All of the following are grounds for a motion police in the English language especially that of his
to quash right to have a counsel. After these perfunctory
EXCEPT: recitations, X voluntarily (without intimidation or
a. the facts charged do not constitute an coercion) waived his right to counsel and admitted
offense authorship of the commission of the crime in a piece
b. the court trying the case has no jurisdiction of paper. X made a:
over the offense charged a. confession
c. the court trying the case has no jurisdiction c. extrajudicial confession
over the person of the accused b. admission
d. the officer who filed the information d. judicial admission
had no authority to do so 78. In the above case, X’s statement will not be
e. the information does not comply admitted by
substantially to the prescribed form the court because:
f. more than one offense is charged a. he was not informed of his rights in a language
(duplicitous information) or dialect known to him
g. criminal action or liability has been b. he was not a college graduate
extinguished c. the police merely gave him a ceremonial
h. the information contains averments which recitation of his rights
if true, would constitute legal excuse or justification d. all of the above
i. the accused has been previously 79. Another reason why the statement will not be
convicted or acquitted of the offense charged (double admissible in evidence is that:
a. the waiver of his rights was not made in writing
and in the presence of his counsel
b. the waiver was made in the English
language
c. the waiver must be signed by the judge
d. there is no medical certificate presented
by the police that they did not harass X, the accused
80. Let us assume that there was no irregularity
in the proceedings in the custodial investigation, so X
was convicted today. How many days does X have to
appeal his judgment of conviction?
a. within fifteen light years from judgment
b. within fifteen days from promulgation
of judgment
c. within fifteen days from receipt of the
Public
Attorney’s office of judgment
d. within fifteen days from receipt of the
private defense counsel of judgment
Note: The two (2) following questions are related to
each other
81. If an offense is committed on a merchant vessel
in the course of its voyage. Where is the proper place
of instituting the criminal action?
a. place where the crime was committed
b. the place of origin or departure of the
vessel
c. the court of the first port of entry or of
any municipality or territory where the vessel
passed during such voyage subject to the accepted
principles of international law.
d. place where the ship is registered or if not
place of manufacture of the ship subject to
international law
82. Assume that the vessel in the above question is
not a merchant vessel but a warship and the crime is
committed within Philippine waters, where do you
file the information.
a. province or city having jurisdiction where
the crime was committed
b. court having jurisdiction over the place of
destination of the warship
c. one cannot file the information in the
Philippines because Philippine courts do not have
jurisdiction over crimes committed on warships
d. none of the above
Note: The three (3) following questions are related to
each other
83. X committed the crime or rape in Cavite,
Philippines. Where do you file the information?
a. appropriate RTC of Cavite c. file it
in the barangay first to avoid prematurity
b. appropriate MTC of Cavite d. city
fiscals office of Cavite
84. In the above question, assume that X is a
powerful governor of Cavite, thus there is a
possibility that X might influence the outcome of the
case by intimidating or bribing the police, prosecutor,
defense counsel and witnesses. Which of the
following is the best thing to do?
a. forget the case and do not proceed with it anymore
as you will surely lose.
b. ask for media coverage so as to pressure those
concerned to avoid influencing or being influenced by
another.
c. ask the New People’s Army to assassinate Mayor
X, in that case instant justice is obtained
d. file a motion with the Supreme Court asking
for a change of venue of trial.
e. ask the Court of Appeals to order a change of
venue of trial.
85. Assume that Mayor X abducted the offended
woman in Laguna and raped the latter in his house in
Cavite, which of the following court is the proper
court that has criminal jurisdiction?
a. Cavite court
c. Supreme Court
b. Laguna court d.
either of a or b
Note: the next three (3) questions are related to each
other
86. X is accused of unjust vexation. At the
arraignment the judge asked X whether he had a
counsel. X said he had none. What should the judge
do?
a. the judge should postpone the arraignment
b. the judge should dismiss the case
c. the judge should cry aloud in front of the
litigants and his staff to show pity to the accused who
is so poor that he could not afford a counsel of his
own and then call the media for exposure or mother
Lily for a possible role in the movies
d. the judge should inform X that he has
the right to counsel and appoint one to assist him
in the arraignment
87. In the above case, assume that X did not appear
with a lawyer to assist him and X expressed his desire
to defend himself personally without the assistance of
counsel. Assume that after examination of X, the
judge was convinced that X was of above average
intellect and that he is a 4 th year law student and that
he finished BS Criminology (Criminal Justice
Education alumnus) at the Pamantasan NG Lungsod
NG Muntinlupa. So the judge allowed X to enter his
plea at the arraignment without the assistance of
counsel. In the subsequent hearings the judge even
allowed X to conduct the cross examination of the
first witness for the prosecution. How do you call this
practice of X? a. it will not be admitted as dying
a. X is involved in “kayabangan” and he declaration
deserves to b. it will not be admitted as dying declaration
be convicted. but will be admitted as part of res gestae
b. pro se practice c. Y will be subjected to rigid examination
c. counsel de officio by the defense counsel
d. onanism or self gratification d. it will be considered as declaration against
88. This time, assume that X appeared in court with pedigree or common reputation
a counsel to assist him at the arraignment. How 93. A law enforcer may forcibly enter a structure if
should X enter his plea? armed with a warrant and he is refused admittance
a. X enters his plea through his counsel and verbally thereto. May a private individual also do this (break
b. X enters his plea though his counsel and by motion open)?
c. X enters his plea personally, through sign a. no
language and of record c. no because the right is accorded only to
d. X enters his plea personally, in open officers
court and of record b. yes d. it
depends
Note: The next four (4) questions are related to each 94. What is the period of appeal from a resolution
other of the prosecutor to the Department of Justice by the
aggrieved party?
89. X stabbed Y. Luckily, Y was able to identify his a. 15 days from receipt of the resolution
assailant. Upon being rushed to the hospital, SPO4 Z or denial of the Motion for reconsideration
got the statement of Y. Y believing at that time that b. 10 days from entry of judgment
he was at the point of death, confided to SPO4 Z that c. 15 days from time of the knowledge of the
X was his assailant. Y died a few hours thereafter. decision of the respondent judge
What would be your basis to establish the identity of d. none of the above
the assailant and bring him to justice? 95. What should the police do before entering a
a. dying declaration of X place where a person to be arrested is believed to be?
b. dying declaration of Y a. announce is purpose and authority first
c.res gestae b. announce that the person to be arrested
d. direct testimony of Y will be spared if the price is right
90. Assume that in the above case, Y was able to c. there is no more requirement just enter the
survive as he did not die. What could be the basis to building at all cost
establish the identity of the assailant? d. wait outside until the person to be arrested
a. dying declaration of X c. has already escaped to avoid possible encounter
res gestae 96. When a criminal action is instituted, the civil
b. dying declaration of Y d. action for the recovery of the civil liability arising
direct testimony of the doctor from the offense is impliedly instituted with the
91. If Y did not die, his statement could not qualify criminal action. There are EXCEPTIONS to this
as a dying declaration because: rule. Which of the following is NOT an exception?
a. X must also die a. the offended party waives the civil action
b. the doctor must testify that the wound was b. the offended party reserves the right to
fatal or could have caused death institute it separately
c. SPO4 X did not present the best evidence, c. the offended party institutes the civil action
that is prior to the criminal action
the tape recordings of Y’s statement d. there is prejudicial question
d. Y’s death is indispensable or must 97. WHERE and WHEN do you file a petition for
have suspension of the criminal action based upon the
occurred pendency of a prejudicial question.
92. Assume that when X stabbed Y, the latter was in a. office of the prosecutor at any time before
a no way to identify X as his assailant. But Y the prosecution rests
nevertheless in his dying state had a strong hunch that b. public attorney’s office anytime
it was X alone he could have possibly done the c. free legal assistance group before
stabbing, hence in his declaration to SPO4 Z, he arraignment
pointed to X as his aggressor. Y died. What will d. DOJ before conviction
happen to his declaration to SPO4 Z? 98. In which of the following cases shall an
accused be released on reduced bail or on his own
recognizance?
a. if he is in custody for a period equal to
or more than the minimum of the principal
penalty prescribed for the offense charged without
application of the indeterminate sentence law.
b. if he is not a habitual delinquent, a
recidivist or quasi recidivist.
c. if he is a first time offender
d. none of the above

Note: The next four (4) questions are related to each

other

99. At the arraignment of X, the accused for the

offense of murder, the clerk of court had read the
information in a language known to X. Upon being
asked about his official plea, X merely vowed his
head (or let us say, makes a conditional plea) and said
nothing. The judge this asked X regarding his official
plea but X merely kept his silence (or say continues to
make his conditional plea). What will be the
implication of X’s silence (or conditional plea)?
a. the judge will order his imprisonment for
contempt
b. the judge will call upon a guard to force X
to make a plea one way or the other
c. the arraignment will have to be postponed
d. a plea of not guilty shall be entered for
X
100. At the arraignment of X, the private offended
party is also required by the court to attend thereat.
What is the reason for requiring the private offended
party to appear at the arraignment?
a. for purpose of plea bargaining
b. for purpose of determining civil liability
of the accused
c. for purpose of other matters requiring his
presence
d. all of the above