CAPIZ STATE UNIVERSITY-DAYAO CAMPUS Dayao, Roxas City COLLEGE OF CRIMINOLOGY CRIMINAL JURISPRUDENCE =============================================================== === INSTRUCTIONS: Select

the correct answer for each of the following questions. Mark only one answer for each item by shading the box corresponding to the letter of your choice on the answer sheet provided. STRICTLY NO ERASURES ALLOWED. Use pencil no. 1 only. 1. It is a branch or division of law which defines crimes, threats of their nature and provides for their punishment. A. C. 2. criminal evidence criminal jurisprudence B. D. criminal law criminal procedure

These are the characteristics of criminal law, EXCEPT: A. C. generality constitutionality B. D. territoriality prospective

3.

These are the exceptions to generality. A. B. C. D. public international law treaty stipulations preferential application ex-post facto law

4.

These are the elements of felony, EXCEPT: A. C. acts or omission punished by laws B. D. punished by RPC deceit or fault

5. These are the requisites of mistake of fact as a defense, EXCEPT: A. C. D. act done would have been lawful B. intention of the accused must be lawful resulting injury is due to the act of victim mistake must be without fault or carelessness

6. The offender perform all acts of execution which would produce a felony as a consequence, but which do not produce it by reason of causes independent of the will of perpetrator.

A. C.

consummated attempted

B. D.

frustrated all of the above

7. When two or more persons come to an agreement concerning commission of felony and decide to commit it. A. C. treason conspiracy B. D. rebellion sedition or penalty or any of

8. Law attaches capital punishment their periods are afflictive. A. C. less grave less serious B. D.

grave light

9. Are those which, if present in the commission of the crime, do not entirely free the actor from criminal liability. A. B. C. D. justifying circumstances exempting circumstances mitigating circumstances non of the above

10. Those which, if attendant in the commission of crime, served to increase the penalty but without exceeding the maximum penalty prescribed by the law. A. B. C. D. 11. aggravating circumstances alternative circumstances all of the above non of the above

These are the elements of self-defense, EXCEPT:

A. unlawful aggression B. sufficient provocation C. reasonable necessity D. elements of self defense 12. These are the elements of irresistible force, EXCEPT: A. an act is required by law to be done B. compulsion is by means of physical force C. physical force is irresistible D. physical force comes from a third person These are the elements of uncontrollable fear, EXCEPT: A.

13.

threat which causes fear is of an evil greater or at least equal to that he is required to commit B. promise an evil of such gravity and imminence ordinary

C. D.

man would have succumbed all of the above non of the above

14. These are the elements of insuperable or lawful cause, EXCEPT: A. B. C. D. an act is required by law to be done person committed a crime but no penalty person fails to perform such act failure to perform due to insuperable cause to a

15. It is an aggravating circumstance that applies particular felony like cruelty in crime against person. A. C. generic qualifying B. D. specific inherent

16. When the offender has committed offenses which are embraced in the same title of the Revised Penal Code, he is. A. B. C. D. habitual delinquent quasi-recidivist recidivist reiteracionist

17. The following elements must be proved by the prosecution in evident premeditation, EXCEPT. A. crime B. C. time when the offender determined to commit the

based upon external acts and must be evident act manifestly indicating determination D. sufficient lapse of time between determination

18. These are the requirements of alternative circumstances, EXCEPT: A. relationship B. intoxication C. degree of education D. drug addiction 19. These are the principals in the commission of grave, less grave and light felonies, EXCEPT: A. B. C. D. take direct part in the commission of crime directly by force or induce others to commit it has intention to procure commission of crime cooperate in the commission of offense by another

20. These are the effects of pardon made by Executive to convicted criminal offenders, EXCEPT: A. B. C. D. 21. The EXCEPT: A. B. C. statue D.

the

Chief

extinguishes criminal liability right to vote and be voted upon does not exempt payment of civil liability does not restore right to hold public office elements of complex crime proper are as follows,

that at least two offenses are committed that one or some of the offenses must be necessary both the offenses must be punished by the same several light felonies resulting from single act

22. It is a single crime consisting of series of acts arising from one criminal action. A. C. complex crimes compound crime B. D. continuing crime impossible crime

23. It is a minor who is over 9 years, but under 18 years of age at the time of commission of an offense. A. C. juvenile delinquents delinquent minors B. D. youthful offenders delinquent children

24. It is an act committed or omitted in violation of a public law forbidding or commanding it. A. C. crime infractions B. D. felony offenses

25. This is otherwise known as the Revised Penal Code of the Philippines. A. Act No. 3815 B. PD 1508 C. Admin. Order No. 94 D. Act No. 3851 These are the elements of the crime of treason, EXCEPT: A. B. C. comfort the offender is a Filipino citizen or an alien residing in the Philippines there is a war in which the Philippines is involved the offender is either levies against the government or adhere to the enemies, giving them aid or

26.

D.

breach of allegiance to a government committed by a person who owes allegiance to the government

27. It is forcible depredation on the high seas, without lawful authority and done with animo flurandi and in the spirit and intention of universal hostility. A. C. mutiny robbery elements of B. D. piracy qualified piracy the crime of arbitrary

28. These are the detention, EXCEPT: A. B. C.

the offender is a public officer or employee that he detains a person the detention is without legal grounds D. a person is detained in confinement

29. These are the crimes known as the violation of domicile, EXCEPT: A. B. D. opening of tables and drawers by the police officer entering a dwelling against the will of the owner C. search warrant maliciously and abusively served searching domicile without witnesses

30. It is committed by rising publicly ands taking arms against the government, depriving the Chief Executives and Legislature of the powers and prerogatives. A. rebellion D. coup d etat B. sedition D. treason

31. It is a swift attack, accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities. A. rebellion D. coup d etat as the B. Violence B. sedition D. disloyalty Against Women and Their

32. It is known Children Act. A.

RA 8553 D. RA 9262

RA 7659 D. RA 7610

33. It is an order in writing issued by the judge commanding any peace officer to search the premises and seized the property described therein and bring it before the court. A. warrant of arrest D. search warrant B. subpoena duces tecum D. seizure order

34. These are the elements of direct assault as crime against public order, EXCEPT: A. B. C. D. the offender employs force or intimidation the aim of the offender is to attain rebellion that there is no public uprising without uprising on the occasion of such performance

35. These are the elements of direct assault as crime against persons, EXCEPT: A. B. C. D. the offender makes an attack the person assaulted is a person in authority there is no public uprising the over-act performed is against public order

36. These are the elements of the crimes of indirect assault, EXCEPT: A. that a person is in authority is the victim B. that a person comes to the aid of such

authority C. that the offender makes use of force or intimidation D. the offender party is a private person 37. These are the crimes classified under public disorders, EXCEPT: A. B. C. jails D. tumults and other disturbances of public order unlawful use of means of publication and utterances alarms and scandals & delivering prisoners from resistance to authority and serious disobedience

38. It is improper lawfully be done. A. C. misfeasenace nonfeasance

performance

of B. D.

some

act

which

might

malfeasance dereliction of duty

39. These are the elements of the crime of indirect bribery, EXCEPT: A. B. C. D. 40. the offender is a public officer the public office accepts gifts agree to perform an act constituting a crime the said gifts are offered by reason of his office

These are the elements of the crime of parricide, EXCEPT: A. B. C. a person is killed the deceased is killed by the accused the deceased is father, mother, or child D. the relationship must be real and legitimate

41. It is the unlawful killing of nay person which is not parricide or infanticide, provided that any of the following circumstances are present, i.e., treachery, in consideration of price, with evident premeditation, etc. A. C. 42. homicide manslaughter B. D. murder abortion

These are the elements of the crime of homicide, EXCEPT: A. B. C. D. the person was killed without any justifying circumstances the accuses had the intention to kill, which is presumed the killing was not attended by any qualifying circumstances treachery, evident premeditation, with cruelty, and means of fire, poison, and explosion, etc.

by

43. It exists when there are there at least four persons who are armed took part in disturbance or are provided with means of violence. A. C. tumultuous affray physical injuries B. D. public disorders prison riots

44. It is the act constituting of shooting to another with any firearm, without intent to kill. A. C. discharge of firearms indiscriminate firing B. D. illegal firing accidental fire

45. It is defined as the killing of any child less than three days of age, whether the killer is the parent or grandparent, any other relative of the child, or stranger. A. C. abortion infanticide B. D. homicide parricide

46. It is defined as the willful killing of the foetus in the uterus, or the violent expulsion of the foetus from the maternal womb which results in the death of the said foetus. A. C. abortion infanticide B. D. homicide parricide

47. It is a formal or regular combat previously concerted between two parties in the presence of two or more seconds. A. C. duel challenger B. D. dual instigators

48. It is means lopping or the clipping off of some part of the body. A. C. injuries castration B. D. mutilation decapitation

49. These are the ways and means how the crime of serious physical injuries committed, EXCEPT: A. B. C. by wounding and beating by assaulting as provided by Art. 263 by administering injurious substance D. intentionally mutilating others

50. It is a crime committed by any person, either male or female who shall commit an act of sexual assault. A. C. adultery rape B. D. element or concubinage acts of lasciviousness act which makes the

51. It is the essential offense of kidnapping. A. B. C. D.

deprivation of an offended partys liberty ransom money in-exchange of the victims with the use of force, violence and intimidation that the offender is a private individual

52. These are the elements of the crime of unlawful arrest, EXCEPT: A. B. C. the offender arrests or detains another persons the purpose is to deliver him to proper authorities the arrest or detention is not authorized by the law D. without warrant of arrest issued by the court

53. It is the taking of property of another with intent to gain, by means of violence, or intimidation of any person. A. C. theft coercion B. D. robbery grave threats

54. It is when more than three armed malefactors take part in the commission of robbery. A. C. robbery in band carnappers B. D. brigandage theft

55. It is committed by more than three armed persons for the purpose of committing robbery or kidnapping for extortion. A. C. robbery in band carnappers B. D. brigandage theft

56. It is with intent to gain, without violence or intimidation of persons, force upon things, and without the latters consent. A. C. robbery brigandage B. D. theft qualified theft

57. These are the elements of the crime of qualified theft, EXCEPT: A. it is committed by domestic violence B. committed with grave abuse of confidence C. stolen were motor vehicle, mail matter, large cattle D. theft committed by a laborer in construction 58. It is meant the taking away of woman from her house or the place where she may be for the purpose of carrying her to another place with intent to marry or corrupt her. A. C. seduction adultery B. D. abduction concubinage

59. It is consists in voluntary, but without malice, doing or falling to do an act from which material damage results by reason of inexcusable lack of precaution. A. C. simple imprudence criminal imprudence B. D. reckless imprudence criminal negligence

60. These are the elements of the crime of qualified bribery, EXCEPT: A. B. bribery C. D. the offender is entrusted with law enforcement the offender is liable to direct and indirect consideration of any promise, gift or present the offender refrains from arresting offenders

61. This is an act amending the provision of PD 1866, otherwise known as illegal possession of firearms, ammunitions and explosives laws. A. C. RA 8294 RA 7438 B. D. GO No. 6 RA 8353

62. It prescribes stiffer penalties in illegal gambling and for other purposes. A. C. PD 1866 PD 1185 B. D. PD 1602 PD 1508

63. This is otherwise known as thee anti-graft and corrupt practices act. A. C. RA 3019 PD 77 B. D. RA 3047 BP 195

64. This is an act prescribing, enumerating and defining and penalizing heinous crimes. A. C. 65. RA 7659 RA 9165 B. D. RA 8711 RA 9269

It is otherwise known as the anti-subversion act. A. C. RA 1700 PD 1185 B. D. Act 3815 RA 7659

66. It is an order in writing commanding a peace officer to search the property described in the order, and bring before the court.

10

A. C.

warrant of arrest replevin

B. D.

search warrant preliminary attachment

67. It means that the unlawful search taints not only the evidence obtained thereat, but also the facts discovered by reason on unlawful acts. A. silver platter doctrine B. poisonous tree doctrine C. illegal search actions D. search abusively served 68. These are the instances where a police officer may break the door or windows to effects a search, EXCEPT: A. B. C. D. 69. announced his authority and purpose the purpose of search and seizure police officer was refused assistance elements of plain view doctrine

These are the things to be search, EXCEPT: A. B. C. D. property property intended personal subject of the offense stolen or fruits of the crime. to be used for committing an offense. property of the subject person

70.

These are the elements of warrant less search, EXCEPT: A. B. C. D. possession of contraband or illicit articles when there is consent or waiver. when evidence to be seized is in plain view search incidental to lawful arrest

71. It is the method provided for by the Revised Rules of Court not only for the apprehension and prosecution of persons who commit crimes, but also for the imposition of the penalty. A. criminal law B. criminal evidence C. rules of court D. criminal procedure 72. It is a sworn statement charging a person with an offense subscribed by the offended party, and peace officer, or other public officer charges with the enforcement of the law violated. A. C. information pleadings B. D. complaint accusation

73. These are the officers authorized to conduct preliminary investigation, EXECPT:

11

A. B. C. D.

provincial or city fiscal and their assistants judges of the municipal trial courts judges of the regional trial courts national and regional state prosecutors

74. It is the taking of person into custody in order that he may be bound to answer for the commission of offenses, EXCEPT: A. C. arrest detained B. D. apprehend search

75. A peace officer or a private person, without warrant, may arrest a person lawfully. A. B. C. D. committing, attempting and committed an offense personal knowledge of the fact of the offense arrest of escapee from prisons and jails fugitive from justice and the rule of law

76. It is the security given for the release of a person in custody of the law. A. C. bailbond bail can be B. D. property bond cash bond in the following

77. Trial in absentia manner, EXCEPT: A. B. C. D.

conducted

before or after conviction of the lower court the accused has been properly arraigned the accused had been duly notified of the trial failure of the accused to appear is unjustified

78. It is an offense which, under the law existing at the time of its commission and at the time of the application to be admitted to bail, may be punished by life to death sentence. A. C. heinous crimes grave offense B. D. capital offense serious over-acts

79. It is one of the rights granted to a defendant in a criminal case is that he shall be exempted from being __________. A. himself presumed innocent B. witness against

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C.

self-incriminated

D.

confronted

by

accuser

80. The presence of the accused in court is indispensable and mandatory in the following instances, EXCEPT: A. judgment C. evidence 81. arraignment and plea identification purpose B. D. promulgation presentation of of

Arraignment consists of the following, EXCEPT: A. B. D. opportunity for the accused to know the charge reading of complaint or information C. asking the accused whether guilty or not guilty furnishing of a copy of complaint or information

82. It is any definite statement of any matter with is not averted with sufficient definiteness or particularly to enable a party to prepare properly his pleading and to prepare for trial. A. motion to quash B. bill of particular C. petition for review D. petition for certiorari 83. It is means that when a person is charged with an offense and the case is terminated either by an acquittal or conviction or any other manner without the consent of the accused. A. C. complaint padding multiple filing of case B. D. bed sheeting double jeopardy

84. It is motion to dismiss a criminal case after the prosecution has rested its case on the ground of insufficiency of evidence. A. C. motion to quash demurrer to evidence B. D. re-investigation non of the above the

85. It is means the adjudication of the court that accused is guilty or is not guilty of the offense charge. A. C. judgment verdict B. D. prosecution promulgation

86. For the secondary evidence to be admissible, the following requisites must be proved by satisfactory evidence, EXCEPT:

13

A. B. C.

execution and existence or original loss and destruction of the original existed as to the proof of the fact in question D. unavailability of original is not due bad faith

87.

Witness are qualified to testify if: A. B. C. D. they are capable of perceiving can make perception known to others all of the above non of the above

88. It is any evidence, whether oral or documentary, the probative value of which is not bases on the personal knowledge of the witness, but on the knowledge of some other person non on the witness stand. A. C. confession admission B. D. acknowledgement hearsay evidence

89. These are the requisites for the admissibility of the declaration against interest. A. testify C. D. motive declarant must not be available to testity B. the actor or declarant is dead and unable to the declaration must have related a fact against interest and cognizable by declarant circumstances must render it improbable that to falsify existed

90. It is means things done, and it includes the circumstances and declarations incidental to the main facts of the prosecution. A. C. dying declaration pedigree B. D. res gestae against interest

91. It is the means sanctioned by the Rules of Court of ascertaining in a judicial proceeding, the truth respecting the matters of fact. A. C. 92. evidence factum probans B. D. proof factum probandum

It is the ultimate fact to be established.

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A. C.

evidence factum probans

B. D.

proof factum probandum

93. It is the establishment of the fact, or the conviction or satisfaction that indeed the fact exists. A. C. evidence factum probans B. D. proof factum probandum

94. That which has some connection or relation to what is sought to be proved; that which has a tendency to prove or disprove the matter in dispute. A. C. admissible evidence relevant evidence B. D. direct evidence material evidence

95. Those are evidences that are addressed to the senses of the court. A. C. expert evidence prim facie evidence B. D. real evidence primary evidence

96. These are the evidence which was inadmissible under the constitutions, EXCEPT: A. of B. C. D. witness 97. those who are obtained in violation of the privacy communications and correspondence those obtained thru torture, force violence, threat, intimidation, or any other means those which are not excluded by the law and which is relevant to the issue those obtained by compelling a person to be a against himself

When is evidence admissible in court proceedings.

A. relevant to the issue B. when its is competent C. not excluded by the law D. all of the above 98. It is consist of statements made by parties in the course of judicial proceedings. A. C. judicial notice judicial proceedings B. D. judicial admissions non of the above

99. It is that which affords the greatest of the fact in question, and in itself, does not indicate the existence of other and better proof.

15

A. C.

best evidence rule parole evidence role

B. D.

secondary evidence testimonial evidence

100. Is meant the legal fitness or ability of a witness to be heard on the trial of the case. A. C. witness testimonial evidence B. D. competency of witness parole evidence rule

-Good LuckCriminal Jurisprudence Answer Key

1B 2C 3D 4C 5C 6B 7C 8B

26D 27B 28D 29A 30A 31D 32D 33D

51D 52D 53B 54A 55B 56B 57D 58B

76C 77A 78B 79B 80D 81A 82B 83D

16

9C 10C 11D 12A 13C 14C 15B 16C 17B 18D 19C 20B 21D 22A 23B 24A 25A

34D 35D 36D 37D 38A 39C 40D 41B 42D 43A 44A 45C 46A 47A 48B 49D 50C

59B 60B 61A 62B 63A 64A 65A 66B 67B 68D 69D 70A 71D 72B 73C 74A 75D

84A 85A 86C 87C 88D 89B 90B 91A 92D 93B 94C 95B 96C 97D 98B 99A 100B

17