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Criminal Jurisprudence Review Questions 9.

The authority of the court to take cognizance of the


case in the first instance.
A. Appellate Jurisdiction
1. Berto, with evident premeditation and treachery
B. General Jurisdiction
killed his father. What was the crime committed?
C. Original Jurisdiction
A. Murder
D. Exclusive
B. Parricide
Jurisdiction
C. Homicide
D. Qualified
10. A person designated by the court to assist destitute
Homicide
litigants.
A. Counsel de officio
2. PO3 Bagsik entered the dwelling of Totoy against the
B. Attorney on record
latters will on suspicion that Bitoy keep unlicensed
C. Attorney at law
firearms in his home. What was the crime committed
D. Special
by PO3 Bagsik?
counsel
A. Trespass to Dwelling
B. Violation of Domicile
11. Which of the following is not covered by the Rules
C. Usurpation of Authority
on Summary Procedure?
D. Forcible
A. Violation of rental laws
Trespassing
B. Violation of traffic laws
C. The penalty is more than six months of
3. Charlie and Lea had been married for more than 6
imprisonment
months. They live together with the children of Lea
D. The penalty does not exceed six months
from her first husband. Charlie had sexual relation with
imprisonment
Jane, the 14-year-old daughter of Lea. Jane loves
Charlie very much. What was the crime committed by
12. It refers to a territorial unit where the power of the
Charlie?
court is to be exercised.
A. Simple Seduction
A. jurisdiction
B. Qualified Seduction
B. jurisprudence
C. Consented Abduction
C. venue
D. Rape
D. bench
4. Prof. Jose gave a failing grade to one of his students,
13.The Anti-Bouncing Check Law.
Lito. When the two met the following day, Lito slapped
A. RA 6425
Prof. Jose on the face. What was the crime committed
B. RA 8353
by Lito?
C. BP.22
A. Corruption of Public Officials
D. RA
B. Direct Assault
6975
C. Slight Physical Injuries
D. Grave
14. The taking of another persons personal property,
Coercion
with intent to gain, by means of force and intimidation.
A. qualified theft
5. A warrant of arrest was issued against Fred for the
B. robbery
killing of his parents. When PO2 Tapang tried to arrest
C. theft
him, Fred gave him 1 million pesos to set him free. PO2
D. malicious
Tapang refrained in arresting Fred. What was the crime
mischief
committed by PO2 Tapang?
A. Indirect Bribery
15. Felony committed when a person compels another
B. Direct Bribery
by means of force, violence or intimidation to do
C. Corruption of Public Officials
something against his will, whether right or wrong.
D. Qualified
A. grave threat
Bribery
B. grave coercion
C. direct assault
6. Which of the following is the exemption to the
D. slander by
hearsay rule made under the consciousness of an
deed
impending death?
A. Parol Evidence
16. These are persons having no apparent means of
B. Ante mortem statement
subsistence but have the physical ability to work and
C. Suicide note
neglect to apply himself or herself to lawful calling.
D. Dead man statute
A. Pimps
B. prostitutes
7. Factum probans means __.
C. gang members
A. preponderance of evidence
D. vagrants
B. ultimate fact
C. evidentiary fact
17. A medley of discordant voices, a mock serenade of
D. sufficiency of
discordant noises designed to annoy and insult.
evidence
A. Tumultuous
B. charivari
8. It refers to family history or descent transmitted
C. sedition
from one generation to another.
D. scandal
A. inheritance
B. heritage
18. The unauthorized act of a public officer who
C. pedigree
compels another person to change his residence.
D. culture
A. violation of domicile oath of affirmation, administered by authority of law on
B. arbitrary detention a material matter.
C. expulsion A. libel
D. direct B. falsification
assault C. perjury
D. slander
19. The deprivation of a private person of the liberty of
another person without legal grounds. 28. Deliberate planning of act before execution.
A. illegal detention A. Treachery
B. arbitrary detention B. evident premeditation
C. forcible abduction C. ignominy
D. forcible D. cruelty
detention
29. Whenever more than 3 armed malefactors shall
20. An offense committed by a married woman through have acted together in the commission of a crime.
carnal knowledge with a man not her husband who A. gang
knows her to be married, although the marriage can be B. conspiracy
later declared void. C. band
A. concubinage D. piracy
B. bigamy
C. adultery 30. The failure to perform a positive duty which one is
D. immorality bound to.
A. Negligence
21. Age of absolute irresponsibility in the commission of B. imprudence
a crime. C. omission
A. 15-18 years old D. act
B. 18-70 years old
C. 9 years old and below 31. Ways and means are employed for the purpose of
D. between 9 and 15 years trapping and capturing the law breaker in the execution
old of his criminal plan.
A. Misfeasance
22. Those who, not being principals cooperate in the B. entrapment
execution of the offense by previous or simultaneous C. inducement
acts. D. instigation
A. Accomplices
B. Suspects 32. Those where the act committed is a crime but for
C. principal actors reasons of public policy and sentiment there is no
D. accessories penalty imposed.
A. impossible crimes
23. The loss or forfeiture of the right of the government B. aggravating circumstances
to execute the final sentence after the lapse of a certain C. absolutory causes
time fixed by law. D. Complex Crimes
A. prescription of crime
B. prescription of prosecution 33. One of the following is an alternative circumstance.
C. prescription of judgement A. Insanity
D. prescription of B. intoxication
penalty C. passion or obfuscation
D. evident premeditation
24. A kind of executive clemency whereby the
execution of penalty is suspended. 34. If the accused refuse to plead, or make conditional
A. Pardon plea of guilty, what shall be entered for him?
B. commutation A. a plea of not guilty
C. amnesty B. a plea of guilty
D. reprieve C. a plea of mercy
D. a plea of surrender
25. Infractions of mere rules of convenience designed
to secure a more orderly regulation of the affairs of the 35. At what time may the accused move to quash the
society. complaint or information?
A. mala prohibita A. at any time before his arrest
B. mala in se B. only after entering his plea
C. private crimes C. any time before entering his plea
D. public D. Monday morning
crimes
36. The process whereby the accused and the
26. Felony committed by a public officer who agrees to prosecutor in a criminal case work out a mutually
commit an act in consideration of a gift and this act is satisfactory disposition on the case subject to court
connected with the discharge of his public duties. approval.
A. qualified bribery A. Arraignment
B. direct bribery B. plea bargaining
C. estafa C. preliminary investigation
D. indirect bribery D. trial

27. The willful and corrupt assertion of falsehood under 37. The security given for the release of a person in
custody, furnished by him or a bondsman, conditioned 46. All persons who can perceive and perceiving, can
upon his appearance before any court as required make known their perception to others.
under the conditions specified by law. A. Suspects
A. Subpoena B. witnesses
B. recognizance C. victims
C. bail D. informers
D. warrant
47. The unlawful destruction or the bringing forth
38. The examination before a competent tribunal, prematurely, of human fetus before the natural time of
according to the laws of the land, of the acts in issue in birth which results in death.
a case, for the purpose of determining such issue. A. abortion
A. Trial B. infanticide
B. Arraignment C. murder
C. pre-trial D. parricide
D. judgment
48. Felony committed when a person is killed or
39. The adjudication by the court that the accused is wounded during the confusion attendant to a quarrel
guilty or is not guilty of the offense charged, and the among several persons not organized into groups and
imposition of the proper penalty and the parties responsible cannot be ascertained.
A. trial A. alarm and scandal
B. Pre-trial B. mysterious homicide
C. Arraignment C. death under exceptional circumstances
D. Judgment D. tumultuous affray

40. It is an inquiry or proceeding for the purpose of 49. A question which arises in a case the resolution of
determining whether there is sufficient ground to which is the logical antecedent of the issue involved in
engender a well-founded belief that an offense has said case and the cognizance of which pertains to
been committed and the offender is probably guilty another tribunal.
thereof and should be held for trial. A. legal question
A. pre-trial B. juridical question
B. arraignment C. prejudicial question
C. preliminary investigation D. judicial question
D. plea bargaining
50. The RPC was based on the
41. It is evidence of the same kind and to the same A. Spanish penal code
state of facts. B. English penal code
A. secondary evidence C. American penal code
B. prima facie evidence D. Japanese penal code
C. corroborative evidence
D. best evidence 51. An act or omission which is a result of a
misapprehension of facts that is voluntary but not
42. It is that which, standing alone, unexplained or intentional.
uncontradicted is sufficient to maintain the proposition A. impossible crime
affirmed. B. mistake of facts
A. secondary evidence C. accidental crime
B. prima facie evidence D. complex crime
C. corroborative evidence
D. best evidence 52. Infanticide is committed by killing a child not more
than.
43. A form of evidence supplied by written instruments A. 36 hours
or derived from conventional symbols, such as letters, B. 24 hours
by which ideas are represented on material substances. C. 48 hours
A. documentary evidence D. 72 hours
B. testimonial evidence
C. material evidence 53. Ignorance of the law excuses no one from
D. real evidence compliance therewith.
A. ignorantia legis non excusat
44. When the witness states that he did not see, or B. parens patriae
know the occurrence of a fact. C. res ipsa loquitur
A. positive evidence D. dura lex sed lex
B. corroborative evidence
C. secondary evidence 54. An act which would be an offense against persons
D. negative evidence or property if it was not for the inherent impossibility of
its accomplishment.
45. Personal property that can be subjects for search A. compound crime
and seizure. B. impossible crime
A. used or intended to be used as means in C. complex crime
committing an offense D. accidental crime
B. stolen or embezzled and other proceeds or
fruits of the offense 55. The law which reimposed the death penalty.
C. subject of the offense A. RA 5425
D. all of the above B. RA 8553
C. RA 7659
D. RA 8551 A. Ignominy
B. cruelty
56. One who is deprived completely of reason or C. treachery
discernment and freedom of the will at the time of the D. masochism
commission of the crime.
A. discernment 65. One, who at the time of his trial for one crime shall
B. insanity have been previously convicted by final judgment of
C. epilepsy another crime embraced in the same title of the
D. imbecility Revised Penal Code.
A. Recidivism
57. The quality by which an act may be subscribed to a B. habitual delinquency
person as its owner or author C. reiteracion
A. responsibility D. quasi-recidivism
B. duty
C. guilt 66. Alevosia means
D. imputability A. Craft
B. treachery
58. Something that happen outside the sway of our C. evident premeditation
will, and although it comes about through some acts of D. cruelty
our will, lies beyond the bound s of humanly
foreseeable consequences. 67. The law hears before it condemns, proceeds upon
A. fortuitous event inquiry and render judgment after a fair trial.
B. fate A. ex post facto law
C. accident B. equal protection of the law
D. destiny C. rule of law
D. due process of law
59. A sworn written statement charging a person with
an offense, subscribed by the offended party, any 68. A person if within a period of 10 years from the
peace officer or other public officer charged with the date of his release or last conviction of the crime of
enforcement of the law violated. serious or less serious physical injuries, robbery, theft,
A. subpoena estafa or falsification, he is found guilty of any of the
B. information said crimes a third time or oftener.
C. complaint A. Recidivist
D. writ B. quasi-recidivist
C. habitual delinquent
60. This right of the accused is founded on the principle D. hardened criminal
of justice and is intended not to protect the guilty but
to prevent as far as human agencies can the conviction 69. A kind of evidence which cannot be rebutted or
of an innocent person. overcome.
A. right to due process of law A. Primary
B. presumption of innocence B. Best
C. right to remain silent C. Secondary
D. right against self-incrimination D. Conclusive

61. Known in other countries as the body of principles, 70. A kind of evidence which cannot be rebutted or
practices, usages and rules of action which are not overcome.
recognized in our country. A. Primary
A. penal laws B. Best
B. special laws C. Secondary
C. common laws D. Conclusive
D. statutory laws
71. These questions suggest to the witness the answers
62. Circumstances wherein there is an absence in the to which an examining party requires.
agent of the crime any of all the conditions that would A. leading
make an act voluntary and hence, though there is no B. misleading
criminal liability there is civil liability. C. stupid
A. Exempting D. hearsay
B. alternative
C. justifying 72. A method fixed by law for the apprehension and
D. aggravating prosecution of persons alleged to have committed a
crime, and or their punishment in case of conviction
63. Circumstances wherein the acts of the person are in A. Criminal Law
accordance with the law, and hence, he incurs no B. Criminal Evidence
criminal and civil liability. C. Criminal Procedure
A. exempting D. Criminal Jurisprudence
B. alternative
C. justifying 73. The period of prescription of crimes punishable by
D. aggravating death.
A. 20 years
64. When the offender enjoys and delights in making B. 15 years
his victim suffers slowly and gradually, causing him C. 10 years
unnecessary physical pain in the consummation of the D. 40 years
criminal act.
74. Persons who take direct part in the execution of a by a person who owes allegiance to it.
crime. A. treason
A. Accomplices B. espionage
B. Accessories C. rebellion
C. Instigators D. coup d etat
D. Principals
85. A building or structure, exclusively used for rest
75. A crime against honor which is committed by and comfort.
performing any act which casts dishonor, discredit, or A. sanctuary
contempt upon another person. B. prison
A. libel C. jail
B. slander by deed D. dwelling
C. incriminating innocent person
D. intriguing against honor 86. The mental capacity to understand the difference
between right and wrong.
76. The improper performance of some act which might A. treachery
lawfully be done. B. premeditation
A. misfeasance C. recidivism
B. malfeasance D. discernment
C. nonfeasance
D. dereliction 87. Conspiracy to commit this felony is punishable
under the law.
77. A sworn statement in writing, made upon oath A. Estafa
before an authorized magistrate or officer. B. Murder
A. subpoena C. Rebellion
B. writ D. Rape
C. warrant
D. affidavit 88. It means that the resulting injury is greater than
that which is intended.
78. Any other name which a person publicly applies to A. Aberratio ictus
himself without authority of law. B. Error in personae
A. alias C. Dura Lex Sed lex
B. common name D. Praeter Intentionem
C. fictitious name
D. screen name 89. It means mistake in the blow.
A. Aberratio Ictus
79. A special aggravating circumstance where a person, B. Error in Personae
after having been convicted by final judgment, shall C. Dura lex sed lex
commit a new felony before beginning to serve such D. Praeter Intentionem
sentence, or while serving the same.
A. quasi-recidivism 90. A stage of execution when all the elements
B. recidivism necessary for its execution and accomplishment are
C. reiteracion present.
D. charivari A. Attempted
B. Frustrated
80. Which of the following is not a person in authority? C. Consummated
A. Municipal mayor D. Accomplished
B. Private School Teacher
C. Police Officer 91. An act or omission which is the result of a
D. Municipal Councilor misapprehension of facts that is voluntary but not
intentional.
81. In its general sense, it is the raising of commotions A. Absolutory Cause
or disturbances in the State. B. Mistake of facts
A. Sedition C. Conspiracy
B. Rebellion D. Felony
C. Treason
D. Coup d etat 92. Crimes that have three stages of execution.
A. Material
82. The length of validity of a search warrant from its B. Formal
date. C. Seasonal
A. 30 days D. Continuing
B. 15 days
C. 10 days 93. Felonies where the acts or omissions of the
D. 60 days offender are malicious.
A. Culpable
83. The detention of a person without legal grounds by B. Intentional
a public officer or employee. C. Deliberate
A. illegal detention D. Inculpable
B. arbitrary detention
C. compulsory detention 94. It indicates deficiency of perception.
D. unauthorized detention A. Negligence
B. Diligence
84. A breach of allegiance to a government, committed C. Imprudence
D. Inference 4. What should be conducted in order to determine
whether a case falls under the jurisdiction of the
95. Acts and omissions punishable by special penal regional Trial Court?
laws. A. Inquest proceeding
A. Offenses B. Preliminary conference
B. Misdemeanors C. Preliminary investigation
C. Felonies D. Search and Seizure
D. Ordinances
5. For offense falling under the jurisdiction of Municipal
96. A character of Criminal Law, making it binding upon Trial Courts and Municipal Circuit trial courts,
all persons who live or sojourn in the Philippines. prosecution is instituted
A. General A. By filling a compliant with the Regional Trial
B. Territorial Court
C. Prospective B. By filing a complaint directly with the court
D. Retroactive C. By filling a complaint with the chief of Police in
the municipality
97. A legislative act which inflicts punishment without D. By filling a complaint with the fiscal for
judicial trial. preliminary investigation
A. Bill of Attainder
B. Bill of Rights 6. Intervention of the offended party in the criminal
C. Ex Post Facto Law action is not allowed in the following instances EXCEPT:
D. Penal Law A. when he has not waived the civil action
B. when he has file the civil action ahead of the
98. The taking of a person into custody in order that he criminal
may be bound to answer for the commission of an C. when he has expressly reserved the right to
offense. institute the civil action separately
A. Search D. when he has waived the civil action
B. Seizure
C. Arrest 7. The place of trial for a criminal action is cited
D. Detention A. territory
B. action
99. Pedro stole the cow of Juan. What was the crime C. jurisdiction
committed? D. venue
A. Robbery
B. Farm Theft 8. The primary purpose of bail is
C. Qualified Theft A. to protect the accused rights
D. Simple Theft B. to keep the accused in jail until trial
C. to punish the accused for the crime
100.Pedro, a 19 year old man had sexual intercourse D. to release the accused
with her 11 year old girlfriend without threat, force
or intimidation. What was the crime 9. The authority of the court to take cognizance of a
committed? case in the first instance is known as:
A. Child rape A. original jurisdiction
B. Qualified Rape B. appellate jurisdiction
C. Statutory Rape C. general jurisdiction
D. None of these D. delegated jurisdiction

10. "A" stabbed "B". "A" brought "B" to a hospital for


Criminal Jurisprudence Reviewer 1
medical treatment. Had it not been the timely medical
attendance. "B" would have died. This is a case of
1. The SC ruled the illegally obtained evidence is A. a physical injury
inadmissible in state criminal prosecutions in the B. an attempted felony
famous case of C. a consummated felony
A. Miranda vs Arizona D. a frustrated felony
B. Otit vs Jeff
C. Mapp vs Ohio 11. A person undergoing criminal investigation enjoys
D. Milkey vs Wett his three constitutional rights such as
A. the right to oppose whatever the accusation on
2. It is defined as a remedy or process by which a child him
born out of lawful wedlock and are therefore considered B. the right to plea guilty and not guilty
illegitimate are by fiction of law considered by C. the right to oppose whatever accusation or him
subsequent valid marriage of the parents. based on his constitutional right
A. Adoption D. the right to remain silent, the right to counsel,
B. Legitimation the right to be informed of the nature of the
C. Foster parenting accusation
D. Naturalization
12. Evidence is admissible when it is relevant to the
3. What is the Latin term for criminal intent? issue and is not excluded by the rules on
A. Mens Rea A. Real evidence
B. Magna Culpa B. Secondary evidence
C. Inflagrante Delicto C. Admissibility of evidence
D. Mala Vise D. Relevancy of evidence
13. What is the sworn written statement charging a C. Consummated felony
person with an offense, subscribed by the offended D. Felony
party, any peace officer or other employee of the
government or government institution in change of the 22. Are those crimes committed against individuals,
enforcement or execution of the law violated? particularly against their chastity, but which do not
A. Deposition produce danger or prejudice common to other
B. Complaint members of society.
C. Police blotter A. Private crimes
D. Information B. Public crimes
C. Felony
14. Trial is allowed only after arraignment and the D. Infractions
accused may waive his right to appear at the trial
except when his presence is required for purposes of 23. Are those crimes committed against the society
identification. This is the principle of trial in __. which produce direct damage or prejudice common to
A. Substitution all its members.
B. Absentia A. Private crimes
C. Re-assignment B. Public crimes
D. Ordeal C. Felony
D. Infractions
15. A public officer or employee when NOT being
authorized by judicial order, shall enter a dwelling 24. One of the characteristics of criminal law, where
against the will of the owner thereof is committing: penal laws do not have retroactive effect, except in
A. Legal entry cases where they favor the accused charged with felony
B. Violation of domicile and who are not habitual criminals.
C. Illegal entry A. Retrospective
D. Abatement B. General
C. Territorial
16. Intoxication when considered under the law is D. All of the foregoing
considered
A. Alternative Circumstance 25. A theory underlying the system of our criminal law,
B. Maladaptive Behavior of which Rafael Garafalo and Enrico Ferri, including Dr.
C. Delinquent act Cesare Lombroso, were the greatest exponents, that
D. Anti-social Behavior crime is considered as essentially asocial and natural
phenomenon.
17. The adjudication by the court that the defendant is A. Juristic or classical theory
guilty or is not guilty of the offense charged and the B. Positivist or realistic theory
imposition of the penalty provided by law on the C. Punitive theory
defendant who pleads or is found guilty thereof D. Non- punitive theory
A. judgment
B. false informant 26. It is the Latin term referring to "caught in the act"
C. information of performing a crime.
D. admission A. Nullum Crimen
B. Dura lex sed lex
18. Is that which is not excluded by the law as tending C. Ignorancia lex excusat
to prove a fact in issue D. none of these
A. material evidence
B. relevant evidence 27. Any act committed or omitted in violation of a
C. direct evidence public law forbidding or commanding it.
D. competent evidence A. legal act
B. Crime
19. Any private person who shall enter the dwelling of C. Poena
another against the will of the latter D. Punishment
A. none of these
B. trespassing to dwelling 28. A rule of conduct, just, obligatory, enacted by
C. light threats legitimate authority for the common observance and
D. usurpation benefit.
A. Regulation
20. Are those acts and omissions committed not only B. City Ordinance
by means of deceit, but also by means of fault and are C. Law
punishable by law. D. Lawful Act
A. Justifying circumstances
B. Felonies 29. The Latin term POENA means:
C. Exempting circumstances A. Penalty
D. Attempted felony B. Pain
C. Punishment
21. Is committed whenever the offender commences D. Police
the commission of a crime directly by overt acts but
does not perform all the acts of execution which should
produce the felony as a consequence by reason of Answers: Criminal Jurisprudence
some cause or accident other than his own
spontaneous desistance. 1. C
A. Frustrated felony 2. B
B. Attempted felony 3. A
4. C
5. B
6. B
7. D
8. D
9. A
10. D
11. D
12. D
13. B
14. B
15. B
16. A
17. A
18. B
19. B
20. B
21. B
22. A
23. B
24. A
25. B
26. D
27. B
28. C
29. B

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