CLJ Board

CRIMINAL LAW AND JURISPRUDENCE
In passing a board exam is an accident it’s beyond your will, God’s will, how can
you receive the blessing and grace by God? If you do not deserve, you did not study
hard and even you did not recognize God every time you read reviewing materials.
There are instances why even you think he / she is fool but he/she passed! Why??
God knows the heart of every person! God is very merciful but his mercy is
justifiable!!He will not grant your petition to pass if u did not sacrifice yourself,
unfaithful to Him, neglect attending sacred assembly, and never show generosity to
your co- brothers and sisters of the land. If you want to pass, have time to study and
never forget to pray every day and night. Before asking requests confess who are
you! What did you commit wrong! Did you hurt somebody? Remember HE will
forgive you! He will give you wisdom! HE IS MERCIFUL! Brother and sister keep
studying and most of all KEEP PRAYING!!!Be a believer of a miracle performed by
Jesus Christ and Father Almighty.!!GOD BLESS :)
Let us measure your 4 years of studying your degree!
(Answer first before asking for the key! AFTER answered just P.M me on Facebook)
May be this will help you a lot! Good Luck
1. Indeterminate sentence law is applicable only:

a. Revised penal code
b. Special law and Revised penal code
c. Revised penal code
d. Discretion of the court
2. A remedy granted by law if the arresting officer is not armed with warrant at time of
arrest
a. Show after the arrest
b. Do not arrest the person
c. Allow to surrender
d. None of the above
3. Juana inserted a toy by Juan in her anal orifice. Juan may be held liable for:
a. Rape through sexual intercourse
b. Rape though sexual assault
c. Qualified seduction
d. Acts of lasciviousness
4. A lawyer or member of the bar shall at the request of the person arrested or of acting
in his behalf, have the right to visit and confer privately with such person, in jail or
any other place of custody at:
a. Any hour of the working day only
b. An hour of Saturday and Sundays
c. Any hour of the day or in urgent cases of the night
d. Any hour designating visiting day only
5. It is not a necessity to file a complaint or information.
a. Name of the court
b. Name of the accused
c. Name of the offended party
d. Designation of the offense by statute
6. Embate is a public school teacher, while eating in a local restaurant was at the same
time encoding grades of his students, Pikon, a former student who was given failing
grade by Embate saw him and punched him in the stomach. Pikon may be held liable
for:
a. Physical injuries
b. Unjust vexation
c. Direct assault
d. Indirect assault
7. Order of trial is:
a. Prosecution, rebuttal, defense, submission for decision
b. Defense, prosecution, rebuttal, submission for decision
c. Prosecution, defense, rebuttal, submission for decision
d. Defense, rebuttal, prosecution, submission for decision
8. Jose quarrels his wife, he punched her, and he slapped the face, thrown by glasses
and plates resulting wife was hurt, feared and cried. At night when the husband is
sleeping the wife get a knife and killed the husband. The wife is liable for:
a. Murder
b. Parricide
c. It was a self-defense
d. Battered woman syndrome
9. It retains original and exclusive jurisdiction over all offenses committed on High seas
of any registered Philippine vessel.
a. International courts
b. Regional trial courts
c. Court of appeals
d. Supreme court
10. How criminal action is instituted if preliminary investigation is required?
a. By filing the complaint to the fiscal/prosecutor
b. By filing complaint to lupon
c. By filing complaint to court
d. By filing complaint to the civil service commission
11. SPO1 Ponce arrested Mr. Pascual due to attempted homicide committed while in his
presence, he is to deliver the apprehended person to proper judicial authorities within
a period not exceeding?
a. 12 hours
b. 24 hours
c. 36 hours
d. 48 hours
12. The following are the criteria used to determine whether or not a child regardless of
age may be considered as a competent witness.
a. Capacity of communication
b. Capacity of recollection
c. Capacity of observation
d. None of the foregoing
13. Emillo persuades Judea to steal from his boss is regarded as a:
a. Principal by direct participation
b. Principal by induction
c. Principal by indispensable cooperation
d. Instigators
14. Personal liability to be suffered by the convict who has no property to meet the fine.
a. Subsidiary penalty
b. Destierro
c. Suspension
d. Civil interdiction
15. Jose stabbing Noel is considered as:
a. Principal
b. Accessory
c. Accomplice
d. Instigator
16. While armed with valid search warrant legally obtained, P/insp. Aquino conducted
search by themselves in the location specified but without the owner of the domicile
or any other person. What crime is being committed?
a. Illegal search
b. Violation of domicile
c. Searching domicile without witnesses
17. This deprives the accused of a crime some lawful protection to which he has become
entitled.
a. Lawful
b. Special law
c. Ex post facto law
d. Bill of attainder
18. After losing in a hotly contested election, Mr. A ordered his men to use arms to
assault and prevent the elected official from the discharge of his duties, Mr. A may
be liable for:
a. Rebellion
b. Sedition
c. Coup d’ etat
d. insurgency
19. Boy forcibly took Maria to a vacant lot and allowed his friends Lando and Tinoy to
rape Maria Boy is liable as;
d. Co- principals
20. Under our laws, what is the age of full responsibility?
a. 9 years and below infancy
b. Between 9 and 15 years
c. 18 to 70 years of age
d. Over 9 under 15 acting with discernment, 15 or over but less than 18; over 70
years of age
21. X and Y stabbed Z, injuring the Z in the process, X and Y are considered as;
d. Co- principals
CASE STUDY 1:
A and B are neighbors, during a drinking session, A puched B without any
provocation. B’s injuries required medical attendance for a period of 5 days.
Questions:
22. What was the crime committed by A?

a. Slight physical injuries
b. Ill treatment
c. Serious physical injuries
d. Less serious physical injuries
23. Considering the facts, the policeman on the case should?
a. File the case directly with the court
b. File the case before the prosecutor’s office
c. File the case himself before the barangay court
d. Instruct B to refer the matter first before the Barangay Court
24. Assuming that A was drunk at that time of the committed the offense; his
drunkenness would be considered as:
a. Mitigating circumstance
b. Aggravating circumstance
c. Alternative circumstance
d. Exempting circumstance
25. Should the result of the blow of A was death to B, the investigator on cae should
concentrate and stress on:
a. Whether or not A was drunk
b. Whether or not there was really no intent to kill
c. Whether or not Y was also drunk
d. The barangay court has no jursidiction
26. The constitution expressly prohibits the passage of a bill of attainder primarily
because:
a. It is substitute, a legislative act for judicial determination of guilt.
b. It is unconstitutional
c. Violation of human rights
d. It encroaches upon the power of the Judiciary by the congress
27. Siya who induced ako a friend to hill her husband’s mistress is criminally liable as:
a. Principal
b. Accessory
c. Accomplice
28. In case of physical injuries it would consist in the payment of Hospital’s bills and
doctor’s fee of the offended party
a. Restitution
b. Reparation
c. Indemnification
d. Civil liability
29. A inflicted slight physical injuries to B. without intention to inflict other injuries, B
then attacked A is an example of
a. Self-defense
b. Intervening cause
c. Retaliation
d. Proximate cause
30. Age of absolute irresponsibility.
a. 9 years and below infancy
b. Between 9 and 15 years
c. 18 to 70 years of age
d. Over 9 under 15 acting with discernment, 15 or over but less than 18; over 70
years of age
31. They are bodies of usages, principles and rules of action which do not rest for their
authority upon any declarative will of the legislature.
a. Penal laws
b. Special penal laws
c. Common laws
CASE STUDY 2:
Dr. Magaling had frequently quarreled with his wife Sellosa due to his illicit relation with
his secretary, he decided at the spur of the moment to kill his wife after the latter
splapped him. He mixed poison in her milk, but when his wife drunk it, he employed his
medical skills in extracting the substance from her stomach thereby preventing death.
Question:
32. What crime/stage has been committed/reached by the acts of Dr. Magaling?
a. Attempted parricide
b. Frustrated parricide
c. Consummated parricide
d. Consummated physical injuries
33. Should there be no marriage between Dr. Magaling and Sellosa, what crime
committed by Dr. Magaling
b. Homicide
c. Murder
d. Parricide
34. In metropolitan courts, the complaints is filed with the:
a. Office of the secretary of justice
b. Office of the clerk of court
c. Office of the ombudsman
d. Office of the prosecutor
35. A police man persuades Allan to commit felony, he is arrested the latter after its
execution is committing.
a. Instigation
b. Entrapment
c. Conspiracy
d. Proposal
36. Which among the following is not a source of Philippine criminal law?
a. Act no. 3815 and its amendments
c. Penal Presidential Decrees
37. In crimes against chastity this would always be aggravating.
a. Education
b. Mental condition
c. Alcoholism
d. Relationship
38. Sally offered a diamond ring to Luis a certified public accountant under the employ
of BIR in exchange for a lower tax. She is liable for;
a. Direct bribery
b. Indirect bribery
c. Qualified bribery
d. Corruption of public officials
39. They are not considered as a source of criminal law due to the fact that they merely
explain the meaning of and apply the law was enacted by the legislature.
a. Revised penal code
b. Special penal law
c. Court decisions
d. Executive orders
40. President Arroyo diverted funds allocated for the construction of a national highway
to serve as cash incentives for public school teachers during elections, may be guilty
of?
a. Malversation
b. Illegal use of public funds
c. Corruption
d. Illegal use of public property
41. It cannot be recovered as a matter of right and discretionary upon the court to be part
of the civil liability when a crime was committed with one or more aggravating
circumstances.
a. Actual damages
b. Nominal damages
c. Moral damages
d. Exemplary damages
42. Axel having been convicted of estafa escaped from BJMP personnel, what felony
was committed?
a. Delivering prisoners from jail
b. Evasion of service of sentence
c. Resistance
d. Disobedience
43. It forbids the addition or contradiction in terms of a written instrument by testimony
purporting to show that the other or different terms were orally agreed upon by the
parties.
a. Best evidence rule
b. Parole evidence rule
c. Hearsay rule
d. Res gestai rule
44. Mr. C fired his pistol towards the sky during the celebration of his birthday is liable
for:
a. Illegal possession of firearms
b. Illegal discharge
c. Alarm and scandal
d. All of the foregoing
45. Civil indemnity for death caused by crime
a. 30,000
b. 50,000
c. 100,000
d. 500,000
46. X wanted to kill Y, he then executed his plan by ramming over the latter with his
automobile killing Y instantly, what was crime committed by X?
a. Parricide
b. Murder
c. Homicide
d. Infanticide
47. When rape is committed and the victim was killed, the mandatory civil
indemnification shall be.
a. 30,000
b. 50,000
c. 100,000
d. 500,000
CASE STUDY 3:
C and B are brothers; by promise of price C induced A to kill B, who was living on a
remote island. D the owner of the only motor boat in that area and knowing of the
criminal designs of A and C offered his services and transported A to the island. Once
there, A alone killed B by shooting the latter while sleeping.
Questions:
48. What crime committed by A?

a. Homicide
b. Murder
c. Infanticide
d. Parricide
49. What was the criminal participation of C killing of his brother?
d. Accomplice
50. The owner of the motor banca D is liable as a:
c. Accomplice
d. Principal by indispensable cooperation
51. Assuming that A took several jewelry from B, and gave it to his wife who knew
where it came from and the latter sold it for profit, what was criminal participation of
the wife of A?
a. Principal
b. Accomplice
c. Accessory
52. Which among the following may totally extinguish criminal liability?
a. Absolute pardon
b. Service of sentence
c. Amnesty
d. All of the above
53. It consists in the successive execution by the same individual of different criminal
acts upon any of which no conviction has yet been made.
a. Plurality of crimes
b. Formal crimes
c. Complex crimes
54. Jose attempting to overtake another vehicle hit another car damaging the same, he is
liable for?
a. Damage to property through negligence
b. Malicious mischief
c. Gross negligence
55. Its basis is the greater perversity of the offender as manifested by personal
circumstance of the offender and also by means used to secure the commission of a
crime.
a. That the advantage be taken by the offender of his public position
b. That crime be committed in contempt of or with insult to the public authorities
c. That the act committed with abuse of confidence or obvious ungratefulness
d. All of the above
56. Juan went out hunting with some friends, while hunting at night he shot dead
companion Raul in the belief that he was a boar. What is his criminal liability?
a. Homicide through reckless imprudence
b. Homicide through gross negligence
c. Homicide
d. Murder
57. It means adequate to excite a person to commit a wrong and must accordingly be
proportionate to its gravity.
a. Self-defense
b. Sufficient provocation
c. Unlawful aggression
d. Necessity to prevent wrong
58. Sabiya left her .45 caliber at the table after cleaning it, her maid’s son was able to get
hold of it and played with it, the accidental discharged killed the boy, Sabiya may be
held liable legally responsible for:
b. Homicide through reckless negligence
c. Homicide
d. Murder
59. Crimes are triable in that country unless they merely affect things within the vessel or
they refer to the internal management thereof.
a. French rule
b. English rule
c. Law of preferential theory
d. Spanish rule
60. Jose was not aware that his car brakes were defective, while cruising along Tomas
Morato Avenue, a boy crossed the street, Jose was unable to stop his car in time,
hitting the child and causing serious physical injuries. Jose is liable for?
a. Physical injuries through imprudence
b. Physical injuries through negligence
c. Frustrated homicide
61. The inaction, by which a person may be considered criminally liable when the law
requires the performance of a certain act like failure to assist one’s own victim.
a. Act
b. Omission
c. Fraud
d. Intent
62. PO3 Ponce while engaged in hot pursuit, fired his pistol in the air as a warning shot
but instead killing a bystander is liable for:
b. Homicide through reckless negligence
c. Homicide
63. Deficiency of action
a. Negligence
b. Imprudence
c. Lack of skill
d. Lack of foresight
64. While conducting their nightly patrol, a PNP member arrested 10 persons involved in
a brawl, art. 125 would prescribe that they should be delivered those detained within
how many hours to the proper judicial authorities?
a. 12 hours
b. 24 hours
c. 36 hours
d. 48 hours
65. Deficiency of perception
a. Negligence
b. Imprudence
c. Lack of skill
d. Lack of foresight
66. Mr. A killed mayor Y with the latter is in the discharge of his official duty, Mr. A
may be charged with:
a. Murder
b. Homicide
c. Direct assault
d. Direct assault with murder
67. For an act to be considered to be done with malice or dolo, which among the
following must be present?
a. Freedom
b. Intelligence
c. Intent
68. A local sheriff while trying to enforce an eviction order was stabbed at the back Mr.
H killing him in the process, the former is liable for:
a. Homicide
b. Murder
c. Direct assault
d. Direct assault with murder
69. Cause which in natural is a continuous sequence, unbroken by any superseding
ground, produces the injury and without which the result would have occurred.
a. Proximate cause
b. Intervening cause
c. Overt acts
d. Active force
70. John commences with the execution of a felony but fails to perform all acts which
should produce it, the development or stage refers to:
a. Consummated
b. Attempted
c. Frustrated
d. negligence
71. It is the portion of the acts constituting the felony, starting from the point where the
offender begins the commission of the crime to the point where he has control over
his acts.
a. Objective phase
b. Subjective phase
c. Overt acts
d. Attempted felony
72. Bogoy together with his friends scattered human excrements on the stairs and doors
of their school may be held liable for:
a. Malicious mischief
b. Grave scandal
c. Other mischiefs Art.329
d. Unjust vexation
73. Generally, they are punishable only when they have been consummated.
a. Light felony
b. Less grave felonies
c. Grave felonies
74. An accused while raping a 20 years old lady stabbed her to death in order to silence
the latter, he may be guilty for:
a. Rape
b. Murder
c. Rape and homicide
d. Rape with homicide
75. Which among the following may is not considered as a person in authority?
a. Teacher
b. Nurse
c. Mayor
76. Kulit punched his friend Basag while arguing with the latter; as a result of the blow
three incisors were lost. Kulit may be held liable for:
b. Slight physical injuries
c. Less serious physical injuries
d. Serious physical injuries
77. Self-defense or one’s natural instinct to repel, protect and save his person or right
from impending peril or danger is an example of what circumstance which affects
criminal liability?
a. Justifying
b. Exempting
c. Aggravating
d. Mitigating
78. Aso gave Juanico 4,500 pesos for payment of a Jewis Red perfume, however Juanico
did not gave the perfume to Aso and instead absconded, what crime committed?
a. Theft
b. Qualified theft
c. Estafa
d. Robbery
79. The basis of this circumstance affecting criminal liability is the complete is the
complete absence of freedom of action, intelligence, intent or negligence on the part
of the accused.
a. Justifying
b. Exempting
c. Aggravating
d. Mitigating
80. Mr. Ko agreed to sell Mr. M first class rice and received from Mr. M the purchase
price thereof, but Mr. Ko delivered poor quality of rice? Mr. Ko committed;
a. Theft
b. Qualified theft
c. Abuse of confidence
d. Estafa
81. Which among the following may be considered as an alternative circumstance?
a. Relationship
b. Intoxication
c. Degree of instruction and education
d. All of the forgoing
82. A and B after robbing the 24/7 store killed the store clerk to dispose of any witness.
They may held liable for:
a. Robbery
b. Terrorism
c. Robbery with homicide
d. Homicide
83. It refers to those penalties expressly imposed by the court in judgment of conviction.
a. Principal penalties
b. Accessory penalties
c. Subsidiary penalties
84. Nanny lent his house to be used by his friends as a place of detention may be liable
as an:
a. Principal
b. Accessory
c. Accomplice
85. Minimum number of witnesses required in rape cases to secure conviction.
a. 1
b. 2
c. 3
d. 4
86. In criminal cases, the people of the Philippines is the:
a. Complainant
b. Plaintiff
c. Offended party
d. Aggrieved party
87. A bar which precludes a person from denying or asserting anything to the contrary of
established truth.
a. Res gestae
b. Estoppel
c. Burden of proof
d. Burden of evidence
88. Which among the following is not covered by the rules on summary procedure?
a. Violation of rental laws
b. Violation of traffic laws
c. Where the penalty does not exceed 6 months of imprisonment
d. Where the penalty is more than six months imprisonment
89. Presumption which the law makes so preemptory that will not allow them to be
reversed by any contradictory evidence.
a. Presumption
b. Disputable presumption
c. Conclusion
d. Conclusive presumption
90. In the crime of theft, the culprit is duty bound to return the stolen property.
a. Restitution
b. Reparation
c. Indemnification
d. Civil liability
91. Evidences whose admission is prohibited by law
a. Incompetent evidence
b. Unreal evidence
c. Inadmissible evidence
92. When can arrest be made?
a. At any day
b. At any time of the day
c. At any time of the night
d. At any time of the day or night
93. Which among the following is not part of the judicial rule for sufficiency of
circumstantial evidence to convict an accused?
a. There is more than one circumstance
b. The facts from which the interference are derived must proved
c. The combination of all circumstance is such as to produce a conviction beyond
reasonable doubt
d. It must be of judicial notice
94. The body of crime.
a. Corpus delicti
b. Real evidence
c. Autoptic evidence
d. Phycial evidence
95. Crimes punishable by correctional penalties, except those punishable by arresto
mayor shall prescribe in how many years?
a. 20 years
b. 15 years
c. 10 years
d. 5 years
96. A degree of proof below that of proof beyond reasonable doubt, which taken in its
entirely is superior to that of another.
a. Best evidence
b. Secondary evidence
c. Preponderance of evidence
d. Weight of evidence
97. The foregoing personal property may be considered as objects of the search warrant,
except those which are:
a. Subject of the offense
b. Stolen or embezzles and fruits of the crime
c. Used or intended to be used as a means of committing an offense
d. Property of the accused
98. The probative value given by the court to a particular evidence.
a. Preponderance of evidence
c. Ultimate fact
d. Weight of evidence
99. Obligations imposed upon a party to establish their alleged fact by proof are termed
as burden of proof what is its latin translation?
a. Factum probans
b. Factum probandum
c. Owe probandi
d. Owes probani
100. It includes rivers, creeks, bays, gulfs, lakes, straits, coves, lying wholly within the
three mile limit of any nation.
a. Maritime zone
b. Interior waters
c. Low water marks
d. Exclusive economic zone
101. Refers to a family history or descent.
a. Pedigree
b. Tradition
c. Inheritance
d. Heritage
102. Who among the following is not authorized to conduct preliminary investigation?
a. PNP Chief
b. City prosecutors
c. MTC Judge
d. Provincial prosecutors
103. Joaquin in the effort of trying to convince her co-employees to sell her t-shirts told
them that if they would not sell the goods, they will be suspended from work, she is
liable for:
a. Grave threat
b. Grave coercion
c. Light threat
d. Light coercion
104. Any evidence whether oral or documentary wherein the probative value is not
based on personal knowledge of the witness but that from another.
a. Testimonial evidence
b. Dying declaration
c. Res gestae
d. Hearsay
105. Tambay was able to get hold of a ladies bag while walking in the crowded street in
Lucena, however before absconding the crime scene he was caught by a police
officer, the crime of theft is:
a. Attempted
b. Consummated
c. Frustrated
106. It makes criminal an act done before the passage of the law which was innocent
when done, and punishes it.
a. Ex post facto law
b. Bill of attainder
c. Law of preferential application
d. Self-repealing laws
107. Pedro shot Petro his brother in the abdomen, penetrating the latter’s chest and
liver, by reason of prompt medical attention the offended party survived, what
particular crime has been committed by Pedro?
a. Attempted homicide
b. Frustrated homicide
c. Consummated physical injuries
d. Frustrated parricide
108. In this sort of action, a person merely acknowledge certain facts but does not
admit his guilt.
a. Testimony
b. Admission
c. Confession
d. Extra- judicial confession
109. He aimed his pistol at his wife Juana with the intention to shoot her, he then
pressed the trigger but it jammed and no bullet was fired, he is liable for what
offense?
a. Attempted homicide
b. Attempted parricide
c. Attempted theft
d. Frustrated parricide
110. In the crime of rape, this is usually the most common form of evidence to prove
the charge.
a. Medico legal testimony
b. Testimony of the witness
c. Testimony of the victim
d. All of the above
111. A truck loaded with stolen boxes of Lacoste T shirts was on way out of the guard
station at the bodega surrounded by tall fence and high walls when the guard
discovered the boxes on the truck. What crime was committed?
a. Attempted robbery
b. Frustrated robbery
c. Attempted theft
d. Frustrated theft
112. A person gives testimonial evidence to a judiciary tribunal.
a. Witness
b. Prosecution
c. Defense
d. Clerk of court
113. Dukol intended to kill Japot by shooting the latter; however the wound inflicted
did not affect the vital organs and only hit the victim’s right arm due to Ramil’s
warning before shooting him, what crime was committed?
a. Attempted parricide
b. Frustrated homicide
c. Attempted homicide
d. Frustrated murder
114. Refers to one of the three equal portions, called minimum, medium and maximum
of a divisible penalty.
a. Degree
b. Period
c. Prescription
d. duration
115. A policeman who arrests a person who was caught in the act of punching another
slightly injuring the offended party must deliver the detained person to proper
judicial authority within how many hours?
a. 12
b. 18
c. 36
d. 24
116. It means confinement or restraint of a person.
a. Arrest
b. Detention
c. Abduction
d. Kidnapping
117. SPO1 Aboso entered the dwelling of Ms. Charo against the latter’s will to search
unlicensed firearm is liable for:
a. Violation of domicile
b. Trespass to dwelling
c. Expulsion
d. Abuse of authority
118. Circumstantial facts and declarations incidental to the main fact; means thing
done.
a. Factum probans
b. Factum probandum
c. Res gestae
d. Owes probandi
119. In Batangas Rev. Santos with intention to perform a religious ceremony, was
prevented by police officers by making actual threats from going to church, as a
result the ceremony was not celebrated, the policeman are liable for:
a. Interruption of religious worship
b. Offending religious feeling
c. Grave coercion
d. Grave threats
120. A priest may not be able to testify on pertinent matters to the case if said
conversation or facts relates to that told in the confession made by:
a. Penitent
b. Patient
c. Client
d. Secretary
121. Senator Revilla punched Joe a congressman, the latter filed criminal charges
against Revilla for physical injuries, Senator Revilla was arrested by SPO4 Dakop
while going to congress for a special session, what crime was committed by the
sworn officer?
b. Violation of parliamentary immunity
c. Unlawful arrest
d. Illegal arrest
122. To appreciate this evidence, it is always a question of logic and experience.
a. Real evidence
b. Object evidence
c. Relevant evidence
d. Material evidence
123. PO3 Catulong asked for assistance while being mobbed for arresting a popular
criminal, 3 persons assisted him but they were injured in the process, what crime was
committed against the 3 persons.
a. Direct assault
b. Indirect assault
c. Physical injuries
124. Which among the foregoing is considered as the primary source of criminal law?
a. Act no. 3815
c. Penal presidential decrees
d. Constitution
125. A in resistance to body search laid hands upon a police officer, no apparent legal
basis for the search was given, what crime was committed by A?
a. Resistance and disobedience to a person in authority or the agents of that person
b. Direct assault
c. Indirect assault
126. Refers to the act of passing counterfeited coins.
a. Forgery
b. Import
c. Utter
d. Counterfeiting
127. Nanette wrote Ricky’s name on the back of the treasury warrant payable to the
latter, as if Ricky has endorsed the check to her, then presented it for payment, what
crime was committed?
a. Forgery
b. Import
c. Utter
d. Counterfeiting
128. When are children deemed not competent to qualify as a witness?
a. They understand the obligation of oath
b. They have not reach age of discernment
c. They must have sufficient knowledge to receive just impression as to the facts on
which testify
d. They can relate to those facts truly to the court as the time they are offered as
witness
129. Mr. C a government prosecutor accepted a Rolex watch as a birthday gift from Mr.
T a person accused of homicide; Mr. C is liable for:
a. Direct bribery
b. Indirect bribery
c. Corruption
d. Counterfeiting
130. The forfeiture of right of state to execute final sentence after a certain lapse of
time.
a. Prescription of crime
b. Prescription of penalty
c. Degree of penalty
d. Period of penalty
131. Sr/Insp. Dagohoy who refrains from arresting Anjo for committing murder in
exchange for 88,000 pesos is guilty of:
a. Direct bribery
b. Indirect bribery
c. Qualified bribery
d. Corruption
132. Who among the following are automatically disqualified to take the witness stand?
a. Sick person
b. Children
c. Homosexuals
d. Insane persons
133. SPO2 Jokiko inflicted injuries on a detainee to obtain relevant information in the
commission of the crime, he may be liable for:
b. Maltreatment of prisoners
c. Misfeasance
d. Malfeasance
134. Preliminary investigation is required before filing of information or complaint
where the penalty for the offense is:
a. At least 4 years, 2 months and 1day
b. At least 6 years
c. Exceeding 6 years
d. Exceeding 4 years, 2 months and 1 day
135. Andy punched Max on the eye which produced a contusion, what crime was
committed?
a. Slight physical injuries
b. Less serious physical injuries
d. Maltreatment
136. It is a building or structure devoted for comfort or rest.
a. House
b. Residence
c. Dwelling place
d. Abode
137. Mario hunted and shot down a wild boar while inside a private jungle belonging to
Mr. Amoranto, he may be liable for;
a. Theft
b. Robbery
c. Trespass
d. Qualified theft
CASE STUDY 4:
Guliat, a cook in a local restaurant always fearing of bad elements is a very cautious man.
One night before going to bed he locked himself in his room placing a chair against the
door. Hours later, he was awakened by someone trying to open the door. He called out
twice, “who is there? But receive no reply. Fearing that the intruder was a robber, he
leaped from his bed and shouted “if you enter the room I will kill you! At the moment, he
was struck by the chair that has been placed against the door, and in the belief that he was
being attacked, he seized a kitchen knife and struck and fatally wounded the intruder who
turned out to be his roommate Nikolo.
Questions
138. Assuming the Guliat is liable under the following circumstances, what crime is
committed?
a. Frustrated homicide
b. Frustrated murder
d. Attempted
139. Which of the following evidence is least material to the case?
a. Bed
b. Chair
c. Knife
d. Warning
140. Which among the following specific circumstance may be invoked by Guliat?
a. Treachery
b. Mistake of fact
c. Accident
d. Mistake of identity
141. What is the following circumstance affecting criminal liability, in general applies
in the situation?
a. Justifying
b. Mitigating
c. Exempting
d. Aggravating
142. Refers to physical ugliness or permanent and definite abnormality
a. Injury
b. Scar
c. Deformity
143. X pawned his car to W, later pretending to have money for redeeming the car X
asked for it and rode away without paying the loan, X is liable for:
a. Estafa
b. Theft
c. Robbery
d. Malversation
144. Branch of law which defines crimes treats of their nature, and provide for their
punishment.
a. Civil law
b. Criminal law
c. Procedural law
d. Substantive law
145. H who was very fond of M, kissed and embraced the latter and touching the girl’s
breast as a mere incident of the embraced is liable for:
a. Attempted rape
b. Acts of lasciviousness
c. Unjust vexation
d. Lewd conduct
146. Which among the following pleadings may be filed in a criminal case?
a. Cross claim
b. Counter claim
c. Third party complainant
d. Counter affidavit
147. A threatened to kill B if the latter will not give him 2,000 pesos. What crime has
been committed?
a. Grave threat
b. Grave coercion
c. Kidnapping for ransom
d. Attempted murder
148. What crime is being committed against mankind, and whose jurisdiction
consequently recognizes no territorial limits?
a. Mutiny
b. Espionage
c. Piracy
d. Sedition
149. PO2 Mercado who without legal grounds detains Ms. B for being beautiful
a. Illegal detention
b. Arbitrary detention
c. Kidnapping
d. Expulsion
150. The degree of proof required to convict a person accused of treason.
a. Two witness rule
b. Dangerous tendency rule
c. Proof beyond reasonable doubt
d. Substantial evidence
151. It is committed by persons, who being under oath are required to testify as to the
truth of a certain matter at a hearing before a competent authority, shall deny the
truth or say something contrary to it.
a. Forgery
b. Perjury
c. Falsification
d. False testimony
152. A detained prisoner is allowed to eat and drink in a nearby restaurant on several
occasions, however is at all times duly guarded. Assuming that it was done with the
warden’s permission, the warden may be charged with the particular offense?
a. Infidelity
b. Negligence of duty
c. Laxity
d. Dereliction of duty
153. A person who executes a false affidavit may be held liable for:
a. Forgery
b. Perjury
c. Falsification
d. False testimony
154. Refers to the commission of some acts which ought to be performed
a. Misfeasance
b. Malfeasance
c. Nonfeasance
d. Dereliction of duty
155. Consist of acts which are offensive to decency and good customs, which having
been committed publicly, have given rise to public scandal to persons who have been
witness the same.
a. Immoral doctrines
b. Slander
c. Grave scandal
d. Libel
156. A person arrested for the commission of an offense punishable by afflictive
penalties must be delivered to the proper judicial authority within how many hours?
a. 12
b. 18
c. 36
d. 48
157. It is the unauthorized act of a public officer who compels a person to change his
residence.
b. Expulsion
c. Arbitrary detention
d. Trespass to dwelling
158. A person having knowledge of the plans to commit treason and fails to disclose
such information to the governor, fiscal or mayor is guilty of the crime?
a. Treason
b. Espionage
c. Conspiracy to commit treason
d. Misprision of treason
159. It is a felony which in general sense is raising of commotions or disturbances in
the state outside of the legal method.
a. Treason
b. Rebellion
c. Coup d’ etat
d. Sedition
160. It requires the occurrence of two things, that there being an actual assembly of
men and for such purpose of executing a treasonable design by force:
a. Aid of comfort
b. Levying war
c. Adherence to the enemy
161. A police officer, who arrested a member of congress while going to attend a senate
session for a traffic violation is liable for:
a. Crime against popular representation
b. Acts tending to prevent the meeting of the National assembly
c. Violation of parliamentary immunity
162. Exemption to violation of parliamentary immunity, when a member of congress
while in regular session:
a. Committed a crime punishable by RPC
b. Committed a crime punishable by prision mayor
c. Committed a crime punishable higher than prision mayor
163. Refers to a person having no apparent means of subsistence but has the physical
ability to work and neglects to apply himself or herself to lawful calling.
a. Bum
b. Vagrant
c. Prostitute
d. Destitute
164. Group which are organized for the purpose of committing any crime against the
RPC or for other purposes contrary to the public morals.
a. Illegal assembly
b. Illegal association
c. Sedition
d. Rebellion
165. Evidence which shows that best evidence existed as to the proof of the fact in
question.
a. Real evidence
b. Best evidence
c. Secondary evidence
d. Res gestae
166. The crime is committed by raising publicly and taking arms against the
government to completely throw and supersede said government.
a. Treason
b. Rebellion
c. Coup d’ etat
d. Sedition
167. Sentence of imprisonment for the maximum period defined by law subject to the
termination by the parole board at any time after service of the sentence.
a. Suspension
b. Indeterminate sentence
c. Prescription
168. The nature of the crime treason and espionage
a. Crimes against national security
b. Crimes against public order
c. War crime
d. Crimes against the state
169. A swift attack accompanied by violence, intimidation, stealth directed against duly
constituted public authorities, public utilities, military camps and installation with or
without civilian support, for the purpose of diminishing state power.
a. Treason
b. Rebellion
c. Coup d’état
d. Sedition
170. Legal fitness to be heard on the trial.
a. Admissibility
b. Competency
c. Qualification
d. Eligibility
171. Maybe when the reservation of the right to institute a separate civil action ought to
be made?
a. Before the presentation of evidence of the prosecution
b. Before the prosecution rest
c. Before arraignment
d. During the pre-trial conference
172. The degree of proof which produces in the mind of an unprejudiced person, that
moral certainty or moral conviction that the accused did commit the offense charged.
a. Ultimate fact
b. Proof beyond reasonable doubt
c. Preponderance of evidence
d. Substantial evidence
173. Period provided by law to post an appeal after receipt of judgment of conviction.
a. 5 days
b. 10 days
c. 15 days
d. 30 days
174. Purpose to use a particular means to affect such result.
a. Intent
b. Motive
c. Deceit
d. Fault
175. While gathering of persons is held with the presence of armed men and the
purpose of the meeting is to commit an crime punishable under RPC, what crime is
committed?
a. Illegal assembly
b. Illegal association
c. Sedition
d. rebellion
176. Mass uprising has been undertaken by supporters of Gloria wherein they resort to
violence to stop the holding of the forthcoming elections, what crime was
committed?
a. Illegal assembly
b. Violation of parliamentary immunity
c. Rebellion
d. Sedition
177. A judicial examination and determination of the issues in an action or proceeding,
civil or criminal.
a. Plea trial
b. Pre trial
c. Plea bargaining
d. Trial
178. Implies anything which includes offensive or ant agonistics movement or action of
any kind
a. Overt acts
b. Employ force
c. Attack
d. Stealth
179. C a student assisted PO3 Juan who was being assaulted by Mr, A while resisting
arrest, Mr. A then kicked C. What crime committed by Mr. A with respect to C?
a. Direct assault
b. Indirect assault
c. Resistance
d. Disobedience
180. A duplicate receipt signed and carbon copied at the same time is in terms of its
evidentiary value is deemed as:
a. Duplicate
b. Original
c. Authentic
d. Genuine
181. He is a college student punched his strict teacher while on class may be held
liable?
a. Direct assault
b. Indirect assault
c. Resistance
d. Violator
182. Includes merely of discordant voices, a mock serenade of discordant noises
designed to annoy and insult
a. Outcry
b. Charivari
c. Assault
d. Scandal
183. Decision rendered by the court of appeals may be further elevated to what court?
a. Metropolitan trial court
b. Regional trial court
c. Court of appeals
d. Supreme court
184. Any bodily movement that tends to produce effect in the external world.
a. Act
b. Omission
c. Dolo
d. Culpa
185. Means sanctioned by the rules of court to ascertain the truth respecting a matter of
fact.
a. Proof
b. Evidence
c. Motive
d. Intent
186. Poly who frequently introduces himself as an NBI agent under false pretense may
be held liable for:
a. Usurpation of authority
b. Estafa
c. Disobedience
d. Resistance
187. Libel and other similar offenses shall prescribe in how many years?
a. 15
b. 10
c. 5
d. 1
188. To settle his debt, Noel imitated 1000 pesos, he is liable for:
a. Falsification of document
b. Intercalation
c. Forgery
d. Rubric
189. To avoid being charged with the delay in the delivery of persons to proper judicial
authorities, a person caught in the act of committing a felony punishable by penalties
which are correctional in nature must be delivered to the said authorities within how
many hours?
a. 12
b. 13
c. 18
d. 36
190. Judiciary Reorganization act:
a. PD 968
b. PD 1612
c. BP 129
d. BP 29
191. Breach of allegiance of the government committed by a person who owes
allegiance to it.
a. Treason
b. Espionage
d. Levying war
192. Exemption to hearsay rule made under the consciousness of an impending death.
a. Parole evidence
b. Ante mortem statement
c. Dead man statute
d. Mi ultimo adios
193. An entire penalty enumerated in the graduated scale of penalties.
a. Degree
b. Period
c. Prescription
d. Duration
194. Refers to the gathering, transmitting or losing information relative to the national
defense with intent to be used to the injury of the Republic of the Philippines.
a. Treason
b. Espionage
c. Conspiracy to commit treason
d. Misprision of treason
195. PO1 Jado, forcibly entered the dwelling of Mr. K who is suspected of drug pusher,
what crime was committed by the public officer?
c. Trespass to dwelling
d. Expulsion
196. The authority of the court to take cognizance of the case in the first instance is
regarded as:
a. General jurisdiction
b. Original jurisdiction
c. Delegated jurisdiction
d. Appellate jurisdiction
197. Refers to the resistance to a superior officer, and or raising of commotions and
disturbances on board a ship against the authority of the commander.
a. Mutiny
b. Espionage
c. Piracy
d. Sedition
198. Evidence of this kind is those which are capable of perception.
a. Testimonial
b. Corroborative
c. Real
d. Material
199. Which among the following is non- bailable offense?
a. Rape
b. Homicide
c. Robbery
d. Libel
200. Refers to the security given for temporary release of a person in the custody of the
law.
a. Bond
b. Bail
c. Surety
d. Insurance
201. Generally, acts made criminal by special laws.
a. Felony
b. Mala ince
c. Mala inse
d. Mala prohibita
202. Taking a person into custody in order that he may be bound to answer for the
commission of an offense
a. Detention
b. Restraint
c. Arrest
d. Seizure
203. Who among the following may not conduct a preliminary investigation?
a. City or provincial fiscals and their assistants
b. Judges of MTC’s
c. National and regional state prosecutors
d. DOJ personnel
204. Additional evidence of a different kind but tending to prove the same fact
a. Real
b. Cumulative
c. Corroborative
d. Circumstantial
205. In designating the offense, which among the following is not included in the
complaint or information?
a. Name of the offense
b. Mitigating circumstance
c. Act which constitute an offense
d. Aggravating circumstance
206. In rape cases, who among the following may file a complaint?
a. Offended party
b. Peace officer
c. Public officer charged with the enforcement of the law violated
207. Civil action for the recovery of civil damages arising from a criminal offense is
deemed instituted with the criminal action. This rule does not apply in the following
cases, except:
a. When the offended party institutes the criminal action
b. When the offended party waives the civil action
c. When the offended party institutes the civil action before the criminal action
d. When the offended party reserves the right to institute a separate civil action
208. Under RA 7659, death penalty may be suspended when the accused is among the
foregoing: except:
a. Pregnant woman
b. Over 70 years old
c. Woman within one year after delivery
d. Over 18 but under 21 years old
209. Amendment without court permission may be allowed in the following instances,
except:
a. Amendment as to form
b. Amendment that downgrades the nature of the offense
c. Amendment as to substance
d. Amendment that reflects typographical errors
210. It is usually referred to as court of first instance.
a. Metropolitan trial court
b. Regional trial court
c. Court of appeals
d. Supreme court
211. In preliminary investigation has been undertaken, which among the following may
not be submitted by the respondent?
a. Motion to dismiss
b. Counter affidavit
c. Supporting documents
d. Witnesses’ counter affidavit
212. In administrative cases the person charged is:
a. Accused
b. Suspect
c. Defendant
d. Respondent
213. Where a preliminary investigation has been undertaken, warrant of arrest is not
necessary in the following circumstance, except:
a. When the penalty for the offense is a fine
b. When there is a probable cause
c. When warrant of arrest has already been used
d. When the information or complaint has been filed under section 7, rules 112
214. Occurs when the evidence adduced proves the disputed fact.
a. Cumulative
b. Corroborative
c. Circumstantial
d. Relevant
215. Summary procedures may be applied in the following cases, except:
a. Violation for rental laws
b. Criminal cases where the penalty prescribed by law is imprisonment not
exceeding 6 years
c. Violation of traffic laws, rules and regulations
d. Violation of city or municipal ordinances
216. What must be established, in addition to sexual intercourse in cases of rape?
a. Use of force or intimidation by the offender
b. Resistance on the part of the victim
c. Sterility on the part of the offender
217. The part of trial wherein the civil aspect of the case may be amicably settled.
a. Plea bargaining
b. Hearing
c. Preliminary investigation
d. Pre-trial
218. Court which exercise jurisdiction over cases involving RA 3019.
a. Supreme court
b. Court of appeals
c. RTC
d. Sandiganbayan
219. The following are the legal grounds for detention, except:
a. Commission of a crime
b. Violent insanity
c. Ailment requiring compulsory confinement
d. Suspected of committing a felony under RPC
220. Those evidences which results in the greatest certainty of the fact of question.
a. Primary or best evidence
c. Competent evidence
d. Conclusive evidence
221. Which among the following is not an essential requisite of complaint or
information?
a. It must be filed with the court
b. It must be in writing
c. It must be in the name of the People of the Philippines
d. It must be filed with the office of the prosecutor
222. In criminal cases, the person charged is referred to as:
a. Accused
b. Suspect
c. Defendant
d. Respondent
223. Refers to evidence which indicates that a better kind of evidence exists.
a. Primary evidence
b. Conclusive evidence
c. Secondary evidence
d. Competent evidence
224. The law expanding the jurisdiction of the MTC?
a. RA 7691
b. RA 7961
c. RA7975
d. RA7196
225. When may evidences be considered as admissible in court?
a. When it is relevant to the issue
b. When it is not excluded by law or the rules of court
c. When it is competent
226. Generally, the following are requisites for an information, except:
a. The offended party
b. Any peace officer
c. Any public officer charged with the enforcement of the law violated
d. Any fiscal
227. Which among the following is not requisite for dolo?
a. Intelligence
b. Freedom
c. Intent
d. Deceit
228. Refers to statement made by the litigants in the judicial proceedings.
a. Judicial notice
b. Judicial admissions
c. Judicial confessions
d. Pleadings
229. The duty of the party to present evidence to establish his claim is referred to as:
a. Burden of proof
b. Burden of evidence
c. Bill of particulars
d. Presentation of evidence
230. Where the application for bail may be filed?
a. Office of the prosecutor
b. Office of the ombudsman
c. Court where the case is pending
231. An accused who pleads guilty but offers exculpatory evidence will cause an effect
of:
a. He is making a conditional plea
b. A plea of not guilty shall be entered on him
c. He shall be treated as guilty and will eventually be convicted
d. He will be treated as refusing his plea
232. In cases punishable by destierro, how many days or preventive detention is
prescribed by law?
a. 5 days
b. 15 days
c. 30 days
d. 60 days
233. Prescription of crime commence to run:
a. Upon re- appearance of the accused
b. Upon escape of the accused
c. Upon discovery of the crime by the offended party
d. Upon filing of the complaint or information
234. When may the accused admitted to bail be allowed to question the legality of his
arrest?
a. Before trial
b. Before arraignment
c. Before preliminary investigation
d. Before conviction
235. Arraignment may be suspended when the accused appears to be unsound mental
condition or the court finds the existence of a_______.
a. Motion to quash
b. Valid prejudicial question
c. Bill of particulars
d. Motion to dismiss
236. It means intent to betray a person’s country of origin
a. Aid or comfort
b. Levying war
d. All of the above
237. To expedite the processing of benefit claims from the GSIS clerk accepted 1,000
pesos from Mr. H, the clerk is liable for:
a. Bribery
b. Qualified bribery
c. Direct bribery
d. Indirect bribery
238. Refers to an accusation in writing charging a person with an offense subscribed by
the fiscal and filed with the court.
a. Complaint
b. Charge sheet
c. Blotter
d. Information
239. Loss of the right of the state to prosecute the offender after certain lapse of time.
a. Prescription of crime
b. Prescription of penalty
c. Degree of penalty
240. Sosan killed her husband by means of poison, she is liable for:
a. Parricide
b. Murder
c. Homicide
d. Infanticide
241. In civil case, the person charged is called:
a. Accused
b. Suspect
c. Defendant
d. Respondent
242. Juan due to his addiction killed his child less than 3 days old, he is guilty of what
crime?
a. Parricide
b. Murder
c. Abortion
d. Infanticide
243. Refers to a person vested with jurisdiction.
a. Person in authority
b. Public official
c. Elected official
d. Agents in person in authority
244. It is violent expulsion of human fetus from the maternal womb of birth which
results death.
a. Infanticide
b. Abortion
c. Murder
d. Parricide
245. Takes place whenever a person is killed during a confusion attendant to quarrel
among several persons not constituting a group and the perpetrators cannot be
ascertained.
a. Homicide
b. Murder
c. Death caused by tumultuous affray
d. Riots
246. When the accused is discharged as a state witness, it is comparable to:
a. Reprieve
b. Acquittal
c. Conviction
d. Communication
247. It is embezzlement by means of appropriating funds or taking and
misappropriating the same
a. Malversation
b. Misfeasance
c. Malfeasance
d. nonfeasance
248. If the crime charged is unclear, what motion may be filed before the arraignment?
a. Bill of particulars
b. Motion for new trial
c. Motion to dismiss
d. Motion to quash
249. In the following instances the accused is allowed under the rules to plead guilty,
except:
a. At the arraignment
b. Upon entering his plea
c. After the arraignment but before trial
d. During trial
250. A person who shall kill his father, mother, child shall be guilty of what felony?
a. Parricide
b. Murder
c. Homicide
d. Infanticide
251. Lifetime of search warrant:
a. 10 days
b. 30 days
c. 45 days
d. 60 days
252. A person may be released on bail in the following forms, except:
a. Corporate surety
b. Recognizance
c. Property bond
d. Performance bond
253. In fixing the amount of bail, which among the following is not essential?
A. Age and health of the accused
B. Character and reputation of the accused
C. Probability that the accused will appear in the trial
D. None of the foregoing
254. An agreement made between two or more parties as settlement of matters in
question.
a. Compromise
b. Stipulation
c. Plea bargaining
d. Contract
255. Validity of the warrant of arrest expires:
a. After 10 days
b. After 30 days
c. After 365 days
d. No fixed duration
256. Voluntary but without malice failing to an act from which material damage results
by reason of inexcusable lack of precaution on the part of the person performing the
act.
a. Negligence
b. Imprudence
c. Reckless imprudence
d. Reckless negligence
257. Unlawful extortion of money by threats of accusation or exposure.
a. Slander
b. Libel
c. Coercion
d. Blackmail
258. An offense under the law existing at the time of the commission and application
for admission to bail may be punished with death
a. Heinous crime
b. Special crime
c. Capital punishment
d. Capital offense
259. When bail may be cancelled?
a. Acquittal of the accused
b. Dismissal of the case
c. Execution of the final judgment of conviction
260. When all the elements necessary for its execution and accomplishment are present.
a. Consummated
b. Attempted
c. Frustrated
d. negligence
261. Refers to a crime committed by any person who threatens another with the
infliction upon the person, honor, or property of the latter or of his family of any
wrong amounting to a crime.
a. Grave threat
b. Grave coercion
c. Light coercion
d. Light threat
262. Which among the following offense where bail may be applied?
a. Frustrated murder
b. Rape
c. Parricide
d. Murder
263. A woman cutting the penis of a male lover to deprive the latter its use, is
committing what crime?
a. Physical injury
b. Cunning
c. Mutilation
d. Tumultuous
264. When may a descendant be compelled to witness against his parents or
grandparents?
a. A crime against him
b. A criminal case by one parent against the other
c. A criminal case by one grandparent against another
265. In which of the following instances is bail not considered as a matter of right?
a. Before conviction of the RTC imposing the death penalty
b. Before conviction of RTC
c. Before conviction by the MTC
d. Before conviction of the RTC of an offense punishable by death
266. When may bail be considered as a matter of discretion?
a. In capital offense
b. In cases involving graft and corrupt practices of government officials
c. In cases punishable by penalties which are not afflictive
d. In capital offenses when the evidence of guilt is strong
267. Which among the following may not be filed before the judgment becomes final
a. Motion to quash
b. Motion for reconsideration
c. Motion for new trial
d. Notice of appeal
268. When a threat to commit wrong not constituting a crime is made by another, what
is committed?
a. Grave threat
b. Grave coercion
c. Light coercion
d. Light threat
269. What crime was committed by Angelo who bit off the ear of his opponent while in
a boxing match?
a. Mutilation
b. Serious physical injuries
c. Less serious physical injuries
d. Slight physical injuries
270. When may the offended party be allowed to intervene in criminal cases?
a. When he has not waived the civil action
b. When he has not waived the civil action before filing the criminal case
c. When he has not waived civil action
d. When he expressly reserved his right to institute a separate civil action
271. Things which are wrongful in nature.
a. Evil
b. Mal inse
c. Mala ince
d. Mala prohibita
272. The following are the requisites for the disqualification based on attorney- client
privilege, except:
a. Existence of an attorney client relation
b. Communication was made in the course of professional employment
c. No consent was given by the client to the attorney testifying thereon
273. Jurisdiction of the court is said to be______ when the law organizing a court does
not expressly enumerates the cause of which it may take cognizance.
a. Limited
b. General
c. Appellate
d. Original
274. If the judgment rendered by the trial court changes the nature of the offense form a
non-bailable to bailable, where can the bail application be resolved?
a. Appellate court
b. Trial court
c. RTC
d. MTC
275. Police officers to ensure conviction of the suspects were caught planting evidence,
may be held liable for what offense?
a. Libel
b. Slander
c. Slander by deed
d. Incriminatory machination
276. The information or complaint should state the following except:
a. Name of the accused
b. Name of the offended party
c. Name of the court
d. Designation of the offense by statute
277. Felonies punishable by death, reclusion perpetua and reclusion temporal shall
prescribe in:
a. 20 years
b. 15 years
c. 10 years
d. 5 years
278. A public and malicious imputation of crime, vice or defect
a. Libel
b. Slander
c. Incriminatory machination
d. Slander by deed
279. Authority to hear and decide a case
a. Venue
b. Jurisdiction
c. Jurisprudence
d. hearing
280. The existence of a prejudicial question may cause the suspension of the:
a. Arraignment
b. Judgment
c. Trial
d. Preliminary investigation
281. Cases wherein the penalty does not exceed 6 months fall under the rule on:
a. Civil procedure
b. Criminal procedure
c. Summary procedure
d. Special procedure
282. A sworn statement charging a person an offense subscribed by the offended party,
any peace officer or other peace officer charged with the enforcement of the law
violated.
a. Information
b. Complaint
c. Blotter
d. Charge statement
283. Upon learning that a complainant or information has been filed without
preliminary investigation, within how many days is allowed by the rules for the
accused to ask for preliminary investigation?
a. 5 days
b. 10 days
c. 15 days
d. 30 days
284. Having a carnal knowledge with a 16 year old girl with the use of deceit
constitutes what crime.
a. Seduction
b. Abduction
c. Acts of lasciviousness
d. Rape
285. Jose was able to have carnal knowledge with Maria his girlfriend while the latter
was drunk, what crime was committed?
a. Acts lasciviousness
b. Rape
c. Qualified seduction
286. A person who forced his girlfriend to elope with him is guilty of what crime?
a. Forcible abduction
b. Consented abduction
c. Seduction
d. Qualified seduction
287. Noel recruited several barrio mates to engage in the sex trade, what crime was
committed?
a. Prostitution
b. White slave trade
c. Slavery
288. A college professor having sexual intercourse with his student is guilty of what
crime?
a. Seduction
b. Qualified seduction
c. Abduction
289. In crimes involving adultery and concubinage, who may file the complaint?
a. The prosecutor
b. Any peace officer charged with the enforcement of the law violated
c. The offended spouse
290. In the Philippines, the system of criminal procedure is:
a. Fixed
b. Mixed
c. Inquisitorial
d. Accusatorial
291. It is Estafa or defrauding another by abuse of confidence, false pretenses or any
other similar means.
a. Swindling
b. Brigandage
c. Usurpation
292. A move for annulment of the criminal charge made by an accused is:
a. Plea bargaining
b. Motion to quash
c. Motion to dismiss
d. Bill of particulars
293. The procedure in witness cross examination is:
a. Direct , cross, re-direct, re-cross examination
b. Direct, re-direct, cross, re-cross examination
c. Cross, direct, re- cross, re –direct examination
d. Cross, direct, re-cross, re- direct examination
294. Altering the place of a mojon in a lot to insure that the property would be larger
when surveyed is a crime of:
a. Estafa
b. Chattel mortgage
c. Usurpation
d. Altering boundaries or landmarks
295. Matters which are learned in confidence
a. Private communication
b. Privilege communication
c. Dying declaration
d. Confidential communication
296. Days mandated by law for the perfection of a decision.
a. 10 days
b. 15 days
c. 30 days
d. 45 days
297. What crime committed by a person who assaulted another causing the latter to be
absent from work for two weeks?
a. Mutilation
b. Slight physical injuries
d. Less serious physical injuries
298. Refers to a territorial unit where the power of the court is to be exercised.
a. Venue
b. Jurisdiction
c. Jurisprudence
d. Trial courts
299. Taliya a housemaid who was caught in the act of carting away furniture of her
employer would be charged of what crime?
a. Theft
b. Robbery
c. Qualified theft
d. Estafa
300. Acts and omission punishable by law.
a. Dolo
b. Culpa
c. Felonies
d. Crime
301. A crime committed y more than 3 armed malefactors who form a band for the
purpose of committing robbery in the highway or kidnapping persons for the purpose
of extortion or ransom.
a. Robbery
b. Kidnapping
c. Brigandage
d. Theft
302. A system characterized by the right to confrontation, to a public trial and be heard
by competent counsel.
a. Fixed
b. Mixed
c. Inquisitorial
d. Accusatorial
303. A person compels another by means of force, violence or intimidation to do
something against his will. Whether right or wrong.
a. Grave threat
b. Light threat
c. Grave coercion
d. Light coercion
304. Marital disqualification may apply, except:
a. The spouses was legally married
b. The husband is party to the case
c. The wife is a party to the case
d. It involves civil cases filed by one against the other
305. Physical activity or deed, indicating the intention to commit a particular crime.
a. Act
b. Omission
c. Fault
d. Overt act
306. Defined as a method fixed by law for the apprehension and prosecution of persons
alleged to have committed a crime, and for their punishment in case of conviction.
a. Criminal justice system
b. Rules of court
c. Criminal procedure
d. Rules of procedure
307. Niko stole a rolex watch from a locker by means of the key of the owner, what
crime was committed.
a. Possession of pick locks
b. Theft
c. Robbery
d. False key
308. Refers to the adjudication by the court that the accused is guilty or not guilty of the
offense charged.
a. Conviction
b. Judgment
c. Conviction
d. Conclusion
309. This system of criminal justice is conducted either at the initiative of the public
prosecutor or the offended party and the right to appeal is limited to the defense.
a. Fixed
b. Mixed
c. Inquisitorial
d. Accusatorial
310. A person who by means of violence shall seize anything belonging to his debtor
for the purpose of applying the same to the payment of a debt, is committing:
a. Grave threat
b. Light threat
c. Grave coercion
d. Light coercion
311. A genuine key stolen from the owner is considered as:
a. False key
b. Hot item
c. Stolen item
d. Pick lock
312. In PD 1612, the possession of stolen goods is:
a. Evidence against the accused
b. Means that the accused is not the owner
c. Means that the accused is an accessory of the crime
d. Prima facie evidence of fencing
313. Aberratio ictus refers to:
a. Mistake of facts
b. Mistake in the identity
c. Mistake of the blow
d. Ignorance of the law
314. Miko took several jewelry from a room in which he entered through the window
committed what crime?
a. Robbery
b. Theft
c. Estafa
d. Brigandage
315. Which among the following may be used as evidence in a judicial proceeding?
a. Privileged communication
b. Dying declaration
c. Filial privilege
d. Parental guidance
316. Ronaldo was able to have carnal knowledge with his girlfriend by promising the
latter with marriage, what crime was committed?
a. Acts of lasciviousness
b. Seduction
c. Rape
d. Abduction
317. What must be considered in determining whether the crime committed is only
attempted, frustrated or consummated?
a. Nature of the offense
b. Elements constituting felony
c. Manner of commission
d. All of these
318. Bogoy who ripped the dress of Igata and rubbed his penis over the woman’s
genital without taking off the underwear is liable for what crime?
a. Rape
c. Seduction
d. Abduction
319. What determines the jurisdiction in criminal cases?
a. Subject matter
b. Territory
c. Person of the accused
d. Extent of the penalty
320. Which among the following are not elements of a corpus delicti?
a. The accused need not necessarily be the doer of the act
b. Some person is criminally responsible for the act
c. That a certain result has been produced
321. A counsel de officio is generally given how many days to prepare for trial?
a. 2 days
b. 3 days
c. 5 days
d. 15 days
322. Ronaldo, a married man who allowed his paramour to live in their conjugal
dwelling is liable?
a. Adultery
b. Concubinage
c. Acts of lasciviousness
d. Seduction
323. After a plea of not guilty is entered, how many days are given by law for the
accused to prepare his trial.
a. 2 days
b. 3 days
c. 4 days
d. 5 days
324. Metra a married person, having sex with Jalo who is not her husband is liable for
what crime?
a. Concubinage
b. Adultery
c. Seduction
d. Rape
325. It is the willful damaging of another’s property for the sake of causing damage to
hate, revenge or other evil motive,
a. Swindling
b. Destruction of property
c. Malicious mischief
d. Chattel mortgage
326. Refers to undertaking constituted as lien on real property given as a security for
the amount of bail.
a. Surety bond
b. Property bond
c. Recognizance
d. Bail
327. It refers to the answer given by the accused to a charge or indictment
a. Reply
b. Plea
c. Confession
d. Motion
328. Issuing a check without sufficient fund constitute the offense?
a. Swindling
b. Estafa
c. Violation of BP 22
329. Ground for demurrer to evidence:
a. Insufficiency of evidence
b. Irrelevant evidence
c. Motion to quash
d. Prejudicial question
330. Unlawful killing of a child less than 3 years old.
a. Parricide
b. Murder
c. Homicide
d. Infanticide
331. Crimes consummated in one instant or by a single act.
a. Formal crimes
b. Informal crimes
c. Rational crimes
d. Irrational crimes
332. A person fired his pistol while paramour of his father was walking farther away
from him killing the latter instantly is guilty of?
a. Parricide
b. Murder
c. Homicide
d. Infanticide
333. Jomar having a carnal knowledge with a prostitute less than 12 years old is liable
for?
a. Rape
c. Seduction
d. Abduction
334. A person burned the house of his dead victim to hide the body of crime may be
held liable for:
a. Complex crime
b. Murder
c. Arson with homicide
d. Homicide and arson
335. Refers to official entry of the proceedings in the court of justice.
a. Judicial notice
b. Judicial record
c. Blotter
d. Official record
336. A private individual who detains another for the purpose of depriving the latter of
his liberty for more than 3 days is guilty of:
c. Serious illegal detention
d. Slight illegal detention
337. A person designated by the court to assist destitute litigants.
a. Counsel
b. Attorney on record
c. Attorney at law
d. Counsel de officio
338. Lewd acts committed upon person of either sex not amounting to rape by using
force or intimidation
a. Adultery
c. Seduction
d. Concubinage
339. Obligation or suffering the consequences of crime
a. Imputability
b. Culpability
c. Liability
d. Responsibility
340. A geographical division in which the action is allowed to be brought.
a. Venue
b. Jurisdiction
c. Jurisprudence
d. territory
341. In admission by the third party, the rights of a party cannot be prejudiced by an
act, declaration or omission of another, except:
a. Admission by a co-conspirator/ joint owner or debtor
b. Admission by agent or privies
c. Admission by conspirator
342. Manuel who got into dispute with Castro, assaulted the latter for the purpose of
delivering his victim to the jailer is guilty of what crime?
b. Unlawful arrest
c. Illegal arrest
d. Physical injuries
343. Quality which an act may be ascribed to a person as the author or owner.
a. Imputability
b. Culpability
c. Liability
d. Responsibility
344. Admission by agents shall be allowed when:
a. The agency is proved by evidence other the admission itself
b. The admission was made during the existence of the agency
c. The admission refers to a matter within the scope of his authority
345. Felonies which the law imposes penalties which are correctional in nature.
a. Grave
b. Less grave
c. Light
d. serious
346. A dying declaration may be admissible as evidence in cases, except:
a. imminent death but the declarant is conscious of facts
b. the declaration must concern the crime regarding the declarant’s death
c. the declarant is a competent witness and the declaration is offered in criminal
case wherein then declarant’s death is subject to the inquiry
d. none of the above
347. When the law attaches capital punishment or afflictive penalties the felony is said
to be?
a. Grave
b. Less grave
c. Light
d. serious
348. A witness of the adverse party may be impeached, except:
a. A contradictory evidence
b. By evidence of his general reputation and integrity, and conviction of a crime
involving moral turpitude
c. By evidence of other statements made by the witness which are inconsistent
349. Infractions to the law punishable by arresto menor or a fine not exceeding 200
pesos or both.
a. Grave
b. Less grave
c. Light
d. serious
350. Exemption to the general rule in cases of light felonies.
a. Committed against persons
b. Committed against property
c. Committed against chastity
d. Committed against honor
351. It exists when two or more persons come to an agreement to commit felony.
a. Plan
b. Conspiracy
c. Proposal
d. piracy
352. A person who has decided to commit a felony told somebody else of his plan.
a. Conspiracy
b. Proposal
c. Piracy
353. Which among the following may not be filed by the accused before arraignment?
a. Motion to quash
b. Motion to suspend proceeding
c. Bill of lading
d. Bill of particulars
354. Acts of a person which are said to be in accordance with the law, so that such
person is deemed not have transgressed the law and is free from both criminal and
civil liability.
a. Justifying circumstance
b. Mitigating circumstance
c. Exempting circumstance
d. Aggravating circumstance
355. Demurrer to evidence may be filed:
a. After the prosecution has rested its case
b. After arraignment
c. After trial
d. After the defense has rested its case
356. Equivalent to assault or at least threatened assault of an immediate nature.
a. Intent
b. Culpa
c. Dolo
d. Unlawful aggression
357. Arraignment may be suspended in the following situations; except
a. A petition for review of the resolution of the prosecutor is pending with the
department of Justice
b. There exist prejudicial question
c. The accused has been found to be unsound mental condition
d. There is a probable cause to hold the accused for trial
358. The following are the requisites for self-defense, except:
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. Lack of intent on the part of the person defending himself
359. Which among the following may not be undertaken during the pre-trial?
a. Marking of evidence
b. Examination of witness
c. Stipulation of facts
d. Peal bargaining
360. Crime exists when a single act constitutes two or more grave or less grave
felonies.
a. Complex
b. Continuing
c. Composite
d. compound
361. Who among the following are not exempted from criminal liability?
a. Children under 9 years of age
b. Insane persons
c. Children over 9 under 15 years of age acting with discernment
d. Imbecile persons
362. For offense punishable by prision mayor of higher, a provisional dismissal shall
become permanent_______ after the issuance of order without the case having been
revived.
a. 6 months
b. One year
c. 2 years
d. Three years
363. This refers to desired acts of a person to commit a crime.
a. Motive
b. Intent
c. Fault
d. deceit
364. The rules allow the proceeding in the instant case to be reopened to avoid
miscarriage of justice:
a. after the promulgation of judgment
b. before the promulgation of judgment
c. before the finality of judgment of conviction
d. after the finality of the judgment for conviction
365. Those circumstances which if attendant to the commission of the crime would
serve to lower the penalty to a lesser degree.
a. Justifying
b. Exempting
c. Mitigating
d. Aggravating
366. The party appealing the case
a. Accused
b. Appellee
c. Adverse party
d. Appellant
367. The following are the valid venue for the application of search warrant, except:
a. Any regional trial court
b. Any court whose territorial jurisdiction the crime was committed
c. Any court within the judicial region where the crime was committed
d. Any court within the judicial region where the warrant may be enforceable
368. Decisions of the RTC may be appealed to the court of appeals by:
a. Petition for certiorari
b. Petition for review
c. Petition for review or certiorari
d. Notice of appeal
369. Aggravating circumstance which generally applies to all crime such as dwelling,
nighttime or recidivism.
a. Generic
b. Specific
c. Qualifying
d. inherent
370. Within how many days after the prosecution has rested its case, may a motion for
leave to file demurrer to evidence be filed?
a. 5 days
b. 10 days
c. 15 days
d. 30 days
371. Occurrences which happen beyond the sway of man’s will.
a. Nature
b. Accidents
c. Events
d. Crimes
372. The foregoing offenses shall only be prosecuted upon complaint of the offended
party, her parents or grandparents except:
a. Rape
b. Abduction
c. Seduction
d. Acts of lasciviousness
373. Circumstances which if the attendant in the commission of a crime serve to
increase the penalty, without however exceeding the maximum penalty provided by
law for the offense.
a. Justifying
b. Exempting
c. Mitigating
d. Aggravating
374. They are aggravating circumstance which changes the nature of the crime like
homicide to murder in case of treachery.
a. Generic
b. Specific
c. Qualifying
d. Inherent
375. Aggravating circumstance which applies only to particular crimes.
a. Generic
b. Specific
c. Qualifying
d. Inherent
376. Aggravating circumstances which come in the commission of a crime.
a. Generic
b. Specific
c. Qualifying
d. Inherent
377. It means any waters on the sea coast which are without boundaries of low-water
mark.
a. International water
b. Interior waters
c. High seas
d. Maritime zone
378. Building or structure exclusively used for rest or comfort.
a. House
b. Home
c. Dwelling
d. All of the above
379. They refer to courts of justice or judges of said court vested with power to order
the temporary detention or confinement of any person charged with committing an
offense.
a. Judiciary
b. Bench
c. Judicial authorities
d. Person in authority
380. Any form of attestation by which a person signifies that he is bound in conscience
to perform an act truthfully or faithfully
a. Affidavit
b. Oath
c. Testimony
d. Confession
381. Whenever more than 3 armed malefactors shall have acted together in the
commission of an offense it is deemed to have been committed by:
a. Group
b. Brigands
c. Band
d. Team
382. A sworn statement in writing
a. Affidavit
b. Testimony
c. Oath
d. Confession
383. Refers to a person who at that time of his trial for one crime shall have been
previously convicted by final judgment of another crime embraced in the same title
of RPC.
a. Recidivist
b. Delinquent
c. Habitual delinquent
d. Quasi- recidivist
384. A designation which identifies an enterprise
a. Mark
b. Trademark
c. Business mark
d. Service mark
385. A person who has within a period of 10 years from the date of release or last
conviction is said to have been found guilty of the same offense particularly those of
physical injuries, estafa, theft and robbery is considered as:
a. Recidivist
b. Delinquent
d. Quasi- recidivist
386. Any visible sign capable of distinguishing the goods or services of an enterprise
a. Mark
b. Trademark
c. Business mark
d. Service mark
387. After raping Rowena, Noel went to marry the former; however a sudden turn of
events urged Rowena to file a criminal case of rape against her husband, what would
be the most vital to aid in Noel his defense?
a. Marriage settlement
b. His testimony
c. Testimony of witnesses
d. Marriage contract between them
388. Home of husband and wife
a. House
b. Dwelling place
c. Home
d. Conjugal dwelling
389. Any person who shall commit a felony while serving his sentence with a previous
conviction is classified as a:
a. Recidivist
b. Delinquent
d. Quasi-recidivist
390. It consists of reprehensible deed or word that offends the public conscience
a. Scandal
b. Unjust vexation
c. Indignity
d. Disgrace
391. Which among the following is not among the requisites of evident premeditation?
a. Sufficient lapse of time
b. Time when the offender decided to commit the felony
c. Act indicating that has clung to his determination
d. Deliberate intent
392. What is needed to be proven that scandalous circumstance is an element in the
crime of concubinage?
a. If the man is legally married
b. If the mistress is kept outside the conjugal dwelling
c. If the mistress is a relative
d. If the mistress is a virgin
393. It involves trickery and cunning on the part of the offender.
a. Craft
b. Deceit
c. Fault
d. Intent
394. They should be objected to at the time they are being offered in court.
a. Oral evidence
b. Documentary evidence
c. Expert evidence
d. Testimonial evidence
395. It means dwelling together as a husband and wife.
a. Cohabit
b. Marriage
c. Live-in
d. Joint household
396. Gloria lends Nany a bolo which was used in the murder of Mike is liable as an:
a. Principal
b. Accessory
c. Accomplice
d. Conspirator
397. When it prompts the witness to give an answer the examiner wants to hear it I said
to be:
a. Leading question
b. Misleading question
c. Compound question
d. General question
398. Persons who aide the felons to hide away evidences or profit from fruits of the
crime are said to be:
a. Principals
b. Accessories
c. Accomplice
d. Conspirator
399. The following are exempt from criminal liability as accessories in cases that the
principal should be the forgoing relatives except:
a. Spouse
b. Ascendant
c. Descendant
d. Cousins
400. What did you observe after they got married is an example of a:
a. Compound question
b. Leading question
c. Misleading question
d. General question
401. Capital punishment or maximum penalty imposed by law.
a. Reclusion perpetua
b. Reclusion temporal
c. Arresto mayor
d. Death by lethal injection
402. Refers to alevosia, or means and methods employed to ensure its execution.
a. Craft
b. Deceit
c. Intent
d. Treachery
403. Which among the following may not be a means to impeach judicial record?
a. Want of jurisdiction in the court or judicial order
b. Collusion between parties
c. Fraud in the party offering record
d. Alterations
404. It pertains to moral order, adding disgrace to the material injury caused by crime.
a. Craft
b. Deceit
c. Ignominy
d. Evident premeditation
405. When a witness affirms that a fact did or did not occur, such temporary testimony
is said to be:
a. Relevant evidence
b. Material evidence
c. Positive evidence
d. Negative evidence
406. The following circumstances are always mitigated in terms of alternative
circumstance, except:
a. Low degree of education
b. Intoxication wherein the drunk person has not intended it or not a habitual
drunkard
c. Relationship in crimes against property
d. Relationship in crimes against persons
407. In case of falsification of document what would be the best evidence?
a. Authentic document
b. Holographic document
c. Questioned document
d. Genuine document
408. Which among the following is an example of an afflictive penalty?
a. Fine
b. Arresto mayor
c. Destierro
d. Prison mayor
409. Evidence of the same kind adduced to prove the same fact.
a. Real
b. Cumulative
c. Corroborative
d. Circumstantial
410. What would be the nature of action for a person over 9 years of age and under 15
to incur liability?
a. Act with discernment
b. Show malice
c. Show criminal intent
d. Act negligently
411. These questions suggest to the witness the answers to which an examining party
requires.
a. Leading
b. Estoppel
c. Misleading
d. Res gestae
412. Oral testimony given in open court.
a. Real evidence
b. Documentary evidence
c. Testimonial evidence
d. Admission of evidence
413. An evidence delivered in open court wherein the witness states that he does not
know whether a fact did or did not occur
a. Positive
b. Negative
c. Direct circumstantial
414. Which among the following may disqualify a witness?
a. Capacity of observation
b. Capacity of recollection
c. Capacity of knowledge
d. Capacity of communication
415. It shall serve to deprive the offender the rights of parental authority or
guardianship.
b. Penalty
c. Suspension
416. A written act or record of acts of sovereign authority or private writing
acknowledge before notary public.
a. Public document
b. Private document
c. Official document
d. Official record
417. A form of protection rather than penalty in cases of art. 247 of the RPC.
b. Destierro
c. Suspension
418. A husband punched his pregnant wife due to constant nagging caused the death of
their unborn child is guilty of:
a. Infanticide
b. Abortion
c. Intentional abortion
d. Unintentional abortion
419. One which assumes as true fact not yet testified to by the witness or contrary to
that which he has previously stated.
a. Leading
b. Misleading
c. Confusing
d. Res gestae
420. The moving power which impels one to action for a definite result
a. Intent
b. Motive
c. Deceit
d. Fault
421. Cognizance of certain facts which judges may properly take as fact because they
are already known to them.
a. Cognizance
b. Judicial admission
c. Judicial knowledge
d. Judicial notice
422. A formal and regular combat previously concerted between two parties in the
presence of two or more seconds of lawful age on each side, who make the selection
of arms and fix all other conditions.
a. Battle
b. Duel
c. Affray
d. Combat
423. Legal basis of inadmissibility of evidences obtained through thru torture, threat,
violence or intimidation.
a. Sec 2 Bill of rights
b. Sec 3 Bill of rights
c. Sec 12 Bill of rights
d. Sec 13 Bill of rights
424. What would overturn an alibi and denial in a hearing?
a. Testimony
b. Evidence
c. Proof
d. Positive identification
425. It refers to an act committed or omitted in violation of public law or commanding
it.
a. Dolo
b. Informal crime
c. felony
d. Crime
426. In case wherein the commission of an offense in the commission of another it said
that the crime is:
a. Formal crime
b. Informal crime
c. Compound crime
d. Complex crime
427. When did act no. 3815 take effect?
a. January 1, 1932
b. January 1, 1931
c. January 1, 1933
d. January 1, 1994
428. Kind of evidence which cannot be rebutted or overcome.
a. Primary
b. Conclusive
c. Best
d. Real
429. Given by a person of specialized knowledge in some particular field
a. Primary
b. Expert
c. Secondary
d. Best
430. Ignorantia Facti Excusat means:
a. Ignorance of the law
b. Mistake of facts
c. Mistake of the blow
d. Mistake of identity
431. Crimes are not triable in the courts of that country, unless their commission affects
the peace and security of the territory or safety of the state is endangered.
a. French rule
b. English rule
c. Spanish rule
d. American rule
432. Evidence which is sufficient to prove an issue unless overcome or rebutted by
other evidence.
a. Primary
b. Secondary
c. Best
d. Prima facie
433. Failure to perform a positive duty which one is bound to do.
a. Act
b. Omission
c. Dolo
d. Culpa
434. Light offenses prescribe in:
a. 12 months
b. 6 months
c. 4 months
d. 2 months
435. The foregoing are exempt from the operation of criminal law by virtue of the
principles of public international law except;
a. Heads of state
b. Ambassadors
c. Consul
d. Charges d’ affairs
436. It is the characteristic of criminal law stating that the law is binding all persons
who live and sojourn in the Philippine territory.
a. General
b. Territorial
c. Retrospective
d. Universal
437. It refers to a legislative act which inflicts punishment without a trial.
a. Ex post facto law
b. Bill of attainder
c. Law of preferential application
d. Self-repealing laws
438. Those evidences which are admissible in court are held to be:
a. Relevant
b. Material
c. Competent
d. Direct
439. Based on then dimunition of intent, intelligence or freedom of action or the lesser
perversity of the offender.
a. Mitigating circumstance
b. Aggravating circumstance
c. Exempting circumstance
d. Alternative circumstance
440. It affects an issue in an important or substantial matter.
a. Relevant
b. Competent
c. Direct
d. Material
441. Inn malicious mischief, this may be considered as a complete defense, due to it
being covered as an absolutory cause.
a. Committed against a relative
b. Committed while being intoxicated
c. Degree of education of the offender
d. All of the above
442. Presumption is always in favor of sanity, hence to use this as a defense in criminal
cases, who has the burden of proof?
a. Defense
b. Prosecution
c. Courts
d. Psychologist and psychiatrist
443. Evidence which has some relation to what is sought to be proved.
a. Relevant
b. Material
c. Competent
d. Admissible
444. When an insane person not exempted from criminal liability?
a. Acted with lucid interval while committing the crime
b. Acted due to impulse
c. Acted due to inducement
445. Which among the following circumstance is necessary to plead self-defense?
a. Lack of sufficient provocation on the part of the person defending himself
b. Reasonable necessity of the means employed to prevent
c. Unlawful aggression
d. All of the above
446. Which among the following circumstance where the right of the accused may not
be waived?
a. Right to cross examination
b. Right to confrontation
c. Right to be informed of the nature and the cause of charge against him
447. Factum probans means:
a. Evidentiary facts
b. Ultimate facts
c. Weight of evidence
d. Preponderance of evidence
448. Felonies contained in Book 2 of the Revised Penal Code covering art.114 to 365
are classified how many different titles?
a. 12
b. 13
c. 14
d. 15
449. A right of the accused founded on the principle of justice and is intended not to
protect the guilty but to prevent as far as human agencies can the conviction of an
innocent person.
a. Presumption of innocence
b. Speedy and public trial
c. Inform the nature of the offense
d. Self- incrimination
450. Which of the following may be considered as subjects requiring expert opinion?
a. Medical science
b. Forensic science
c. Un deciphered writings
451. A married to B. During the existence of his marriage, A the husband married C. B
the wife filed bigamy against A. Whereupon A filed case for annulment of his
marriage with C on the ground that he was forced and intimidated by C to marry her.
Here there exist in the civil action a question of:
a. Criminal action
b. Civil action
c. Prejudicial question
d. All of the above
452. Prescribes the governing rules on evidence?
a. RPC
b. Constitution
c. Rules on criminal procedure
d. Rules of court
453. The controlling factor to obtain jurisdiction over the vessel or aircraft.
a. Nationality of the owner
b. Registration of the vessel
c. Location of the vessel
d. All of the above
454. A right extends not only to the right to refuse answer questions, put the accused
while on witness stand, but also to forego testimony, to remain silent and refuse to
take the witness stand when called as a witness in the prosecution.
c. Inform the nature of the offense
d. Self-incrimination
455. A right that requires that charges against him should be stated in such a way as to
enable him to know the meaning and nature of the offense
c. Inform the nature of the accusation
d. Self-incrimination
456. Time to move to quash in criminal cases.
a. Any time of the arraignment
b. Any time before filing information
c. Any time before entering his plea
d. Any time before judgment
457. The purpose of trial absentia.
a. Speedy trial
b. Proper disposition of the case
c. Expedite trial
d. All of the above
458. Nature of the crime committed by the accused that disqualifies as state witness>
a. Crime against chastity
b. Crime against honor
c. Crimes against moral turpitude
d. Crimes against public interest
459. Requisites to be a state witness. Except.
a. Accused appear to be the most guilty
b. Two or more persons are jointly charged with the commission of an offense
c. The application for discharge is filed by the prosecution before it rest the case
d. Testimony of the accused can be substantially corroborated in its material points
460. What is the remedy of the party if the evidence offered is excluded by the court.
a. Strike out the answer
b. Make an objection
c. Tender the evidence
d. All of them
461. Where an offense is committed on a railroad train, aircraft, or in other public or
private vehicles while in the course of its trip, the criminal action may be instituted
and tried in the court of:
a. The municipality where such train, aircraft or other vehicle passed such trip
b. The municipality where such train, aircraft or other vehicle has departed such trip
c. The municipality where such train, aircraft or other vehicle has arrived such trip
462. After the criminal action has been commenced, the civil action cannot be instituted
until:
a. The offended party has put up a bond
b. Final judgment has been rendered in the criminal action
c. The offender dies
463. A complaint or information must charge but one offense, except only in those
cases in which existing laws prescribe a single punishment for various offenses. Of
the following crimes one exemption is:
a. Complex crime
b. Continuing crime
c. Piracy
d. Impossible crime
464. When a criminal action is instituted, the civil action for the recovery of civil
liability arising the offense charged is impliedly instituted with the criminal action,
unless the offended party:
a. Expressly waives the criminal action
b. Reserves his right to institute separately
c. All of the foregoing
465. Section 10, rule 110, itself pointed out the exception to the rule that the
information need not specify the exact place of the commission of the offense. The
exception is:
a. When the particular place wherein the offense committed
b. When it involves continuing offense
c. Complex crime
466. The independent civil action may proceed separately and independently with the
criminal action, which the criminal action is based on the same act or omission of the
defendant. Said civil actions are those provided in the civil code:
a. Articles 32,33 and 34
b. Articles 21, 23, 25
c. All of the foregoing
467. When a person is lawfully arrested without warrant of arrest involving an offense,
which requires preliminary investigation, the complaint or information may be filed
without need of such investigation, provided a ______ has been conducted in
accordance with the existing law.
a. Preliminary investigation
b. Examination
c. Fact finding investigation
d. Inquest
468. A Philippine vessel or aircraft must be understood as that and is to be registered in
what particular government agency.
a. Philippine bureau of customs
b. Department of transportation and communication
c. Philippine Ports authority
d. Any of the above
469. In localities where no such members of the bar are available during arraignment,
who shall be appointed by the court as Counsel de officio of the accused?
a. Local chief of police
b. Vice mayor
c. Any person, resident of the province and of good repute for probity and ability to
defend the accused
d. All of the above
470. It is being discretionary; the application for bail will be filed and acted upon by
what court despite the filing of notice of appeal, provided it has not transmitted the
original record to the appellate court.
a. Appellate court
b. Trial court
c. Supreme court
d. Sandiganbayan
471. Any person who shall deliberately cause to the property of another any damage
that does not constitute arson shall be guilty for what crime?
a. Damage to property
b. Arson
c. Malicious mischief
472. The RPC was based on the.
a. Spanish penal code
b. English penal code
c. American penal code
d. Japanese penal code
473. A requirement which is considered as on safeguards, set down by law to secure
and protect the right of the defendant. It is made before the court where complaint or
information has been filed.
a. Trial
b. Arraignment
c. Prosecution
d. Judgment
474. MICHELLE MASIPAG worked as a housemaid and yaya of the one-week old son
of the spouses PETER and PAULA. When MICHELLE learned that her 70 year-old
mother was seriously ill, she asked PETER for a cash advance of P1,000.00, but
PETER refused. One morning, MICHELLE gagged the mouth of PETER’s son with
stockings; placed the child in a box; sealed it with masking tape and placed the box
in the attic. Later in the afternoon, she demanded P5, 000.00 as ransom for the
release of his son. PETER did not pay the ransom. Subsequently, MICHELLE
disappeared. After a couple of days, PETER discovered the box in the attic with his
child already dead. According to the autopsy report, the child died of asphyxiation
barely three minutes after the box was sealed. What crime/s did MICHELLE
commit?
a. Kidnapping and serious illegal detention
b. Kidnapping with homicide
c. Slight illegal detention with homicide
d. Kidnapping and homicide
475. Malicious mischief is a:
a. Crime against property
b. Crime against persons
c. Crime against liberty
d. D. None of these
476. Unjust vexation is a:
a. Crime against security
b. Crime against chastity
c. Crime against property
d. None of these
477. HERCULES kidnapped ACHILLES and subsequently detained him in a rented
property somewhere in Valenzuela City. After detaining ACHILLES for 10 hours,
HERCULES called ACHILLES’ wife to ask for the payment of P2 million in
exchanges for the liberty of her husband. ACHILLES’ wife immediately agreed and
deposited the P2 million in HERCULES’ bank account. Five hours have passed
before HERCULES was able to receive the money. Thereafter, he quickly released
ACHILLES. What crime is committed?
a. Slight illegal detention
b. Kidnapping and serious illegal detention
c. Grave coercion
d. Forcible abduction
478. X threatened to kill Y if the latter will not give him one thousand pesos. What
crime has been committed by X?
a. attempted murder
b. grave coercion
c. kidnapping for ransom
d. grave threats
479. What crime exist when a single act constitutes two or more grave or less grave
felonies or when an offense is necessary means of committing the other?
a. complex
b. composite
c. continuing
d. compound
480. What must consider in determining whether the crime committed is only an
attempted, frustrated or consummated?
a. all of these
b. the elements constituting the felony
c. the nature of the offense
d. the matter of committing the felony
481. What crime is committed when A, driving a truck, run over a girl crossing the
street during the torrential rain and the girl died.
a. homicide
b. reck. impru. res in hom.
c. serious physical injury
d. murder
482. What crime can be charged to one who retains a minor in his service against the
minor’s will, and under the pretext of reimbursing himself of a debt incurred by the
child’s parents?
a. white slavery
b. child exploitation
c. including a minor work
d. kidnapping
483. In case the offense is committed on board a vessel in the course of its voyage,
what place is proper in instituting a criminal action?
a. residence of the captain of the ship
b. place where port of departure is located
c. place where the vessel registered or the country identified by the flag on the
carrier
d. proper court of the first port of entry or of the place where the vessel passed
during such voyage subject to generally accepted principles of international law.
484. A, a notary public issued a supposed copy of dead of sale, when in fact no such
deed of sale was prepared by him. A is liable for:
a. Estafa
b. Falsification
c. Forgery
d. All of these
485. What kind of presumption involves the mental process by which the existence of
one fact is inferred from proof of some other facts?
a. conclusive
b. of law
c. disputable
d. of fact
486. During the pendency of his criminal case, A died due to heart attack, his untimely
death resulted in:
a. termination of the proceedings
b. suspension of the case
c. postponement of the case
d. dismissal of the case for lack of respondent
487. How may an ordinary citizen give his opinion regarding the handwriting of a
person?
a. when he has to testify only as to the mental and emotional state of the one who
authored the handwriting
b. when it is the handwriting of one whom he has sufficient familiarity
c. when he is a questioned documents examiner
d. when he is graduate of criminology
488. Is the right against self-incrimination automatically operational?
a. yes, it can be waive
b. no
c. no, it must be claimed
d. yes
489. Can a husband testify against the wife in an adultery case?
a. yes, the privilege of martial communication rule is already abolished
b. yes, under the law he is a competent witness
c. no
d. yes, because the crime charge is one committed by the wife against the husband
490. A, is the custodian of government property of the municipality of X. Through his
negligence, some of the properties were missing, what is the case?
a. dereliction of duty
b. malversation
c. theft
d. negligence
491. A is the supply officer of a municipality. He entered into an agreement with B to
supply the municipality with some office forms at a price grossly disadvantageous to
the municipality. The agreement was that part of the purchase price must be given to
A. The transaction did NOT materialize. A may be liable for:
a. attempted estafa
b. frustrated estafa
c. attempted fraud
d. consummated fraud
492. Which in the following enumeration is an example of an afflictive penalty?
a. fine
b. arresto mayor
c. prison mayor
d. destierro
493. When can private prosecutor be allowed to prosecute?

a. under the authority of the Department of Justice
Secretary
b. when done under the authority of the public prosecutor
c. under the control and supervision of the public
prosecutor
d. done under the supervision of the regional prosecutor
494. What if the offended party is a corporation how do you indicate it in the complaint
or information?
a. state the name of the corporation
b. leave it blanks as error is merely clerical and can be corrected during the trial
c. avert it in the charge sheet
d. avert that it is legally organized
495. What crime is committed against mankind, and whose jurisdiction consequently
recognizes no territorial limits?
a. piracy
b. felonies
c. theft
d. suicide
496. Heads of State or Ambassadors can NOT be held criminally liable in another state
or place of assignment under the principles of international law. This is an
EXCEPTION to the general characteristics of Criminal Law which is:
a. prospectivity
b. generality
c. territorially
d. immunity
497. Who represents the People of the Philippines in criminal cases on appeal before
the Court of Appeals or the Supreme Court?
a. Private Prosecutor
b. City/Municipal rosecutor
c. State Prosecutor
d. Solicitor General
498. When several persons are co-accused for a crime committed, what is the
requirement that must be satisfied in order that one or more of those accused can
quality as state witness?
a. he appears to be the least guilty
b. he does not appear to be the most guilty
c. not more than two accused can be state witness
d. he seems to be not guilty
499. What should the court can do when the offense is less serious physical injuries and
the offense proved is serious physical injuries and the defendant may be convicted
only of the offense as charged?
a. do not dismiss the action
b. do not dismiss the action but should order the filing of a new information
c. dismiss the action
d. stay with the action and decide accordingly to avoid double jeopardy
500. When evidence presented in court for admissibility considered relevant to the
issue?
a. when it is not excluded by the rules
b. when it has a direct bearing and actual connection to the facts and issue
c. when it is not repugnant in taste
d. when it is not immoral

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CRIMINAL LAW AND JURISPRUDENCE

Let us measure your 4 years of studying your degree!

May be this will help you a lot! Good Luck

1. Indeterminate sentence law is applicable only:

22. What was the crime committed by A?

48. What crime committed by A?

493. When can private prosecutor be allowed to prosecute?

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