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CRIMINAL JURISPRUDENCE AND PROCEDURE

INSTRUCTION: Select the correct answer for each of the following questions: Mark only one answer for each item by
shading the box corresponding to the letter of your choice on the answer sheet provided STRICTLY NO ERASURE
ALLOWED .

MULTIPLE CHOICE

1. which of the following is compound crime?


a. a man fired his revolver twice in succession directed against two different persons, killing one person and
the other
b. placing a time bomb in a plane, which cause it to explode in md air killing 13 persons therein
c. the accused fired his Thompson sub machinegun at several person persons. the first burst of shots hit three
persons. the accused let loose the second shots wounding 2 others
d. none of these
2. when may a person be arrested without a warrant?
a. when an offense has just been committed and the arresting officer or private persons has probable cause to
believed based on personal knowledge of facts or circumstances that a person to be arrested has committed
it
b. All of these
c. When the person to be arrested is a prisoner who has escaped from a penal establishment
d. When in the presence of the arresting officer or private person ,the person to e arrested has committed ,is
actually committing or is attempting to commit an offense
3. Which aggravating circumstances generally can be applied to all offenses like dwelling, night time, recidivism in
consideration of price ,reward and promise .
a. Specific c. qualifying
b. Inherent d. generic
4. A suspected arsonist was caught, evidence showed that he poured gasoline under the house of another and was
about to strike the match to set the house on fire when he was apprehended .what crime was committed ,if
there is any ?
a. Frustrated arson c. attempted arson
b. Consummated arson d. none of these
5. Which of the following crimes over which the Philippine law have jurisdiction even if committed outside the
country ?
a. Espionage c. treason
b. Piracy and mutiny d. all of these
6. In filing a complaint or information how is the real nature of crime charged determined?
a. A. Law specifically violated c. Facts recited in the complaint or information
b. Title of the offense sheet d. Evidence to be presented
7. Which of the following statement is not true ?
a. In justifying circumstances ,there is no civil liability except in causing damage to another in state of necessity
b. A person who acts by virtue of a justifying circumstance does not transgress the law because there is
nothing unlawful in the act as well as in the intention of the actor
c. In exempting circumstance ,there is an absolute rule that there is civil liability
d. In exempting circumstance there is a crime but there is no criminal
8. For a waiver of rights of a person under custodial investigation to be valid ,how must it be made ?
a. All of these
b. Voluntarily given ,intelligently and knowingly
c. Waiver in writing
d. With counsel’s presence and assistance
9. Which of the following is an exempted circumstances ?
a. An act done under the impulse of an uncontrollable fear of an equal or greater injury
b. An act done in obedience to an order by a superior for some lawful purpose
c. Having acted upon an impulse so powerful as to have naturally produced passion and obfuscation
d. An act done in fulfillment of a duty or in the lawful exercise of a right or office
10. The legal duty of a prosecuting officer to file charges against whomsoever the evidence may show to be
responsible for the offense means that _______
a. None of these
b. Prosecutor has no discretion at all
c. Prosecutor has all the discretion
d. Discretion in determining the evidence submitted justifies a reasonable belief that a person committed an
offense
11. Accused was convicted of homicide on September 15,1983 no appeal was made .judgment became final on
October 1,1983 ,He got his second conviction rendered on October 26,1983 for murder ,he is called by law as a
_________
a. Hardened criminal c. recidivist
b. Habitual offender d. quasi recidivist
12. Speedy Gonzales ,the accused saw a 28 years old Ms. Jenny near the gate of her residence .without a word ,SG
kissed Ms,Jenny on the check and brisked sofly his hands on to her left breast.No one saw the incident .in a
minute ,SG left Ms Jenny ,who got shocked and speechless .what crime was committed by SG if any .
a. Acts of lasciviousness c. seduction
b. Unjust vexation d. attempted rape
13. Which of the following circumstances is not considered mitigating ?
a. Irresistible force
b. Offender had no intention to commit so grave a wrong as that he committed
c. Offender is over seventy (70) years old
d. Incomplete justifying and incomplete exempt service
14. Which is not a common requisites in justifying circumstances ?
a. None of these
b. Unlawful aggression
c. Reasonable necessity of the means employed to prevent or repel it
d. The person defending be not induced by revenge ,resentment or other evil motive .
15. Which of the following is not exempted from criminal liability ?
a. 9 years and below c. insane
b. Imbecile d. acute neurosis
16. What is that accusation made in writing charging a person with an offense ,subscribed by the prosecutor and
filed with the court ?
a. Counter affidavit c. affidavit
b. Information d. complaint
17. Which among the following is not a requisites for evident premeditation and therefore should not be
appreciated ?
a. Act manifestly indicating that the offender has clung to his determination to commit a crime
b. Sudden outburst of anger
c. Sufficient interval of time between time crime was conceived and actual perpetuation
d. Time when offender planned to commit offense
18. Which of these is not requisites of avoidance of greater evil or injury ?
a. That the injury feared be greater than the injury done to avoid it
b. That the means used to avoid the injury is lawful
c. That the evil sought to be avoided actually exists
d. That there be no practical or less harmful means of preventing it
19. What is the period of prescription of crimes punishable by death ,reclusion perpetua or temporal ?
a. 15 years c. 20 years
b. 5 years d. 10 years
20. Which one of the following does not belong to the group?
a. Lack of skill c. negligence
b. Imprudence d. intent
21. If Danica slapped Rica’s face in front of a lot of people in a party ,what crime did Danica commit ?
a. Unjust vexation c. physical injury
b. Slander by deed d. malicious mischief
22. ___________are facts and circumstances that would lead a reasonably discreet and prudent man to believe that
an offense has been committed and that the object sought in connection with the offense are in the place to be
searched.
a. Probable cause c. remote cause
b. warrant of arrest d. search warrant
23. which is not the requisite before a court can validly exercise its power to hear and try a case?
a. It must have jurisdiction over the rest
b. It must have jurisdiction over the subject matter
c. It must have jurisdiction over the person of the accused
d. It must have jurisdiction over the territory where the offense was committed
24. A’s superior officer fired him for no apparent reason ,A lit a rag soaked with petroleum and placed it near the
wooden wall of his office to get even .only a small portion of the wall got burned because another ,employee
put out the fire .what crime was committed by A?
a. Frustrated arson c. arson
b. Attempted arson d. consummated arson
25. When charges for offenses are founded on the same facts or that which form part of a series of offenses of the
same character ,the court may decide to ?
a. Decide to obviate delay by continuing proceedings
b. Set the cases for consolidated case raffle
c. Consolidated trials
d. Pursue separate trials
26. Which of the following does not justify arrest without warrant ?
a. Continuing crime c. Arrest based on police suspicion
b. Emergency doctrine d. Hot pursuit
27. This characteristic of criminal law is enounced in article 366 of the revised Penal Code ,crimes are punished
under the laws ,in force of the time of their commission.
a. Prospective c. territorial
b. General d. preferential
28. When a person within the period of ten years from the date of his release or last conviction of the crime s of
serious or less serious physical injuries,robbery ,theft or falsification ,is found guilty of any of the said crimes a
third time or oftener ,it is ______________
a. Quasi recidivism c. reiteracion /habituality
b. Habitual delinquency d. recidivism
29. Can a private person have the right to break into a building ?
a. No. the right is accorded only to public officials
b. Yes ,only if such breaking is necessary in making an arrest for a felony or to prevent the commission of the
offense
c. Yes if he is making a citizen arrest
d. No, he need to secure first a court order
30. Which is a hearsay evidence rule ?
a. A witness can testify only to those facts derived directly confided to him
b. Witness cannot testify what he overheard
c. Witness in an expert testimony
d. Witness can testify only to the facts derived from his perception
31. Which characteristic of criminal law is described by the following statement ,criminal laws are undertaken to
punish crimes committed in Philippine territory
a. General c. prospective
b. Preferential d. territorial
32. There are three types of criminal procedure : the accusatorial,the inquisitorial and what is the other type?
a. Mixed c. peculiar
b. Secular d. directorial
33. A public officer appropriating public funds and misappropriating public property are examples of what kind of an
offense .
a. Estafa
b. Malversation
c. Possession of prohibited interest by a public officer
d. Fraud
34. What will be the effect on the criminal liability of the accused who was sane when he committed the crime ,but
become insane at the time of trial ?
a. He is exempt from criminal liability under paragraph 1 of article 12 of the RPC
b. He is still criminally liable but his trial will be suspended until his mental capacity will be restored to afford a
fair trial
c. His criminal liability will be extinguished
d. He is still liable but the execution of the sentence will be suspended until his mental capacity will be
restored
35. When is jurisdiction over the person of the accused acquired ?
a. Some of these c. upon his receipt of summons
b. Upon his arrest d. Upon his voluntary appearance
36. What power promotes the public welfare by restraining and regulating the use of liberty and property ?
a. Power of eminent domain c. police power
b. Power of taxation d. law enforcement
37. What is the effect of death of the offended party in a criminal action for libel ?
a. No effect at all
b. The criminal liability is partially extinguished
c. The criminal liability is extinguished
d. The criminal liability is not extinguished
38. Which of the following statement is not true?
a. In vindication ,the grave offense must be made directly only to the person committing the felony
b. In vindication ,the vindication of the grave offense must be proximate which admits of an interval of time
between the grave offense done by the offender and the commission of the crime by the accused
c. In provocation ,the cause that brought about the provocation or threat immediately preceded the act ,or
there must be no interval of time between the provocation and the commission of crime
d. In provocation , the cause that brought about the provocation need not be a grave offense
39. One of the two requisites of admissibility of evidence is when it is relevant to the issue and what is the other
requisites ?
a. It observes continuity of rules c. It is not excluded by law or rules
b. It multiplies admissibility chances d. It has a heavy weight of evidence
40. Who is exempt in all cases from criminal liability ?
a. A person nine (9) years and below c. An insane
b. An imbecile d. Some of these
41. Which is a form of slight physical injury in the list below ?
a. Loss of an eye c. 3rd degree burns
b. Mutilation d. maltreatment
42. A 41 years old man had a carnal knowledge with 25 years old woman who for reason of mental abnormality has
a mental capacity of an 11 years old , however ,the woman consented to such carnal act .what is the effect of
such consent ?
a. There is mitigating circumstance c. Rape was committed
b. There is aggravating circumstance d. There is no rape
43. Which of the following terms resorting to any device to conceal identity ?
a. Disguise c. craft
b. Fraud d. treachery
44. Which of the following constitutes waiver of any of the irregularity attending arrest ?
a. Posting of bail c. filing a petition for bail
b. Entering a plea d. all of these
45. B stabbed the victim ,a 12 years old girl and while already at the threshold of death .B raped her .what crime
was committed ?
a. Murder c. rape
b. Homicide d. rape with homicide
46. The law governing the witness protection ,security and benefit program is _______
a. RA 7691 c. RA 6981
b. RA 8369 d. RA 4864
47. Which is not the element of knowingly rendering unjust judgment?
a. That the judgment is valid
b. Offender is a judge
c. That he renders a judgment in a case submitted to him for decision
d. None of these
48. How is accidental drunkenness appreciated as a circumstance in the commission of an offense ?
a. Exempting c. mitigating
b. Justifying d. aggravating
49. Which of the following is mitigating circumstance ?
a. Having acted upon an impulse so powerful as naturally to have produce passion and obfuscation
b. An act one in obedience to an order by a superior officer for some lawful purpose
c. An act done under the impulse of uncontrollable fear of an equal or greater injury
d. An act done under the compulsion of an irresistible force
50. Under the local government code of 1991 what is the condition precedent that must be satisfied before the
institution of a criminal action in court .
a. Settlement has been repudiated
b. Certification of no conciliation
c. Confrontation between parties at the lupon
d. All of these
51. what is meant by demurrer to evidence?
a. Motion to inhibit c. motion to deny
b. Motion to dismiss d. motion to postpone
52. Which among the following documents is not a public document ?
a. Accomplished municipal form with no signature
b. Deed of absolute sale duly notarize
c. Marriage certificates that are Xeroxed
d. Baptismal certificate
53. Who among the following is considered agent of person in authority ?
a. Teacher c. policeman
b. Nurse d. barangay captain
54. What must an evidence be in order to be relevant to the issue ?
a. Not be excluded by the rules
b. Not be offensive to our senses
c. Should not contrary to morals
d. Have direct bearing and actual connection to the facts in issue in issue
55. In which of the following office should an information be filed ?
a. Prosecutor c. police
b. Barangay d. courts
56. What is the taking of person in custody so he can answer for the commission of the offense?
a. Imprisonment c. confinement
b. Bail d. arrest
57. What is that system of criminal procedure where the detection and prosecution of offenders are not left to the
initiative of private parties but to the officials and agent of the law ?resort is made to secret inquiry to discover
the culprit and violence and torture were often employed to extract confession .the judge is not limited to
evidence brought before him but could proceed with his own inquiry which is not confrontative ?
a. Mixed system c. inquisitorial
b. Accusatorial d. prosecutorial
58. what is the best remedy of a person accused under a wrong name ?
a. Ignore the charge
b. Enter a plea of not guilty
c. File a motion to quash on the ground of lack of jurisdiction
d. Try the accused under the name of john doe
59. what is the rule in criminal law about doubt?
a. Proven doubt should be resolved in favour of the defendant
b. All doubt should be resolved in favour of the accused
c. Verified doubts should be resolved in favour of the accused
d. Doubts duly annotated is resolved in favour of the accused
60. what may be established by common reputation ?
a. Verbal acts c. Lifestyles
b. Individual moral character d. Engraving in a ring
61. In the conduct of search and seizure what is the proper time in making the search ?
a. It must be directed to serve in the day time
b. It must be directed to be served at any time of the day if property is in the placed order to be searched to
be searched
c. It must be directed to be served any time of day or night if the property is on the person
d. All of these
62. _______________is an act of grace proceeding from the power entrusted with the execution of laws which
exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime committed ?
a. Amnesty c. parole
b. Probation d. pardon
63. In the fit of jealousy ,Dovie set fire on the Banana Republic Boxer shorts of her boyfriend ,Fred .what crime did
Dovie commit?
a. Malicious mischief c. slight physical injury
b. Reckless imprudence d. arson
64. In the above problem ,what will mitigate the liability of Dovie?
a. Sufficient provocation c. vindication of grave offense
b. Passion and obfuscation d. relationship
65. which among the following ,best describes the moving power which impels one to action for s definite result ?
a. Mala in se c. motive
b. Ignorantia facti excusat d. intent
66. which ground for motion to quash is not waived even if the not alleged ?
a. Substantial non conformity to the prescribed form
b. Failure to charge an offense
c. The officer who filed the action is not authorized
d. Duplicity of an offense
67. What are those circumstances that affect the criminal liability because of the conditions which make the act
voluntary or that negligence is wanting as an agent of the crime ?
a. Exempting circumstances c. justifying circumstances
b. Mitigating circumstances d. aggravating circumstances
68. X with intention to kill O loaded his gun and went to the house of O ,He found him sleeping on his bed .X fired at
O knowing that three hours before ,he died of cardiac attack .what crime did X commit?
a. No crime was committed c.murder
b. homicide d. impossible crime
69. what kind of aggravating change the nature of the offense ?
a. Generic c. qualifying
b. Inherent d. specific
70. What is that question which arises in a case ,the resolution of which is a logical antecedent of the issue involved
in said case and the cognizance of which pertains to another tribunal ?
a. Preliminary investigation c.Justifiable question
b. Prejudicial question d. Question of law
71. A man killed a child ,what would be a proper charge?
a. Infanticide c. murder qualified by treachery
b. Homicide d. murder
72. Defendants john and levy made an appeal from a judgment that convicted them of illegal importation of opium
.One of the errors assigned as claimed ,is permitting the government principal witness to be in the courtroom
while other witnesses were testifying .the exclusion of the witnesses by the is .________
a. Decided upon by the court c. Not sanctioned by the rules of court
b. Error of jurisidction d. An error in judgment
73. Which is not the requisite in obedience to an order issued for some lawful purpose?
a. The means used by the subordinate to carry out said order is lawful
b. That an order has been order by superior
c. That an order has been issued for some lawful purpose
d. That the order has been followed by the subordinate
74. Mayoralty candidate A and B in the City of Calamba are contesting each other ‘s votes garnered during the last
election .in this case ,what could be the best evidence to present in court ?
a. Ballots c.Witnesses
b. Certification by the board of canvassers d.Registration
75. What is meant by discernment under paragraph 3 Article 12 of the Revised Penal Code?
a. It is the mental capacity to understand the differences between right and wrong
b. It is the mental capacity of a minor between 9 and 15 years of age to fully appreciate the consequences
c. It is the ability to grasp the significant factors of a complex problem of a new situation
d. Some of these
76. When Juan starts to commit indirectly by overt acts .a crime under the Revised penal code ,but it does not
perform all the act of its execution because of an accident other than his own spontaneous desistance ,what
stage in the commission of crime would his case fall?
a. Frustrated c. grave
b. Attempted d. consummated
77. Who among the following is not an agent of person in authority ?
a. Post master c. policemen
b. Municipal treasurer d. director of the post
78. What is an effect of pardon by the president ?
a. The pardoning power can be exercised even before conviction
b. The pardoning power of the president can be exercised only after conviction
c. The pardoning power extend to cases of impeachment .
d. The pardon by the president exempt the culprit from payment of civil liability
79. What is an act of the sovereign power granting a general pardon for a past offense and is rarely ,if ever
,exercised in favour of a single individual and is usually exerted in behalf of certain classes of persons,who are
subject to trial but were nit yet convicted
a. Amnesty c. probation
b. General pardon d. parole
80. Crimes against religious worship are two kinds :One is interruption of religious worship and the other is
___________
a. Usurpation of powers
b. Revelation of religious secret
c. Offending religious feeling
d. Prohibition. interruption and dissolution of peaceful meeting
81. What relation is included by analogy to alternative circumstances of relationship?
a. Spouse
b. Relationship of step parent and step children
c. Relationship of parent in law and son in law
d. Relationship of uncle and nephew
82. Which among the following cases fall within the exclusive original jurisdiction of the Municipal Trial court
,Municipal Trial and Municipal Circuit Trial Court ?
a. Accion publiciana
b. Probationable cases
c. Violation of city and Municipal ordinance
d. Offenses punishable by reclusion perpetua
83. Which of the following is a continuing offense ?
a. After uttering defamatory words against the offended party the accused attacked and assaulted the latter
,resulting in slight physical injuries
b. A thief takes from the yard of a house two game roosters belonging to two different persons
c. The accused after robbing one house proceeded to rob another house and then to another where the third
robbery was committed
d. The accused who after shooting Pedro shoot again his companion killing both of them
84. What is an effect of waiver of right to appear by the accused ?
a. There is a waiver of right to present evidence
b. The prosecution can present evidence if the accused fails to appear
c. Both a and b
d. None of these
85. How is silence of the a person in a direct accusation best treated ?
a. As a self incriminatory c. as a quasi confession
b. As a judicial notice d. as a quasi admission
86. What personal property cannot be seized ?
a. Property used or intended to be used as a means of committing an offense
b. Property stolen or embezzled and other proceeds or fruits of the offense
c. Any property that can be used as an evidence to prosecute the offender
d. Property subject of the offense
87. Declaration against interest is otherwise known as.
a. Ante mortem statement c. Articulo mortis
b. Ante litem motam d. Things done
88. Tender of excluded evidence can be exercise only during
a. Direct examination c. cross examination
b. Re direct examination d. re cross examination
89. There are how many members of the court of appeals?
a. 15 c. 51
b. 25 d. 31
90. who is court personnel in charged in serving subpoena and summon ?
a. Sheriff c. process server
b. Clerk of court d. stenographer
91. In self defense, to whom the burden of proof lies?
a. Prosecution
b. accused
c. Party who will be defeated if no evidence presented
d. Offended party
92. when the accused demands from the court to have a copy of prosecution’s evidence but denied by the court
.what right of the accused is violated ?
a. Right to inform of the nature and cause of accusation
b. Right to mode of discovery
c. Right to have a compulsory process to secure the attendance of witnesses and production of evidence in his
behalf
d. Right to counsel
93. what is the proper remedy when the accused wants to dismiss information against him on ground of violation of
his right to speedy trial ?
a. Petition for habeas corpus c. Petition for mandamus
b. ask for trial not for dismissal d. all of these
94. what is the proper remedy when the allegation in complaint or information is vague ?
a. demurrer to evidence c. motion to dismiss
b. bill of particular d. motion to quash
95. what is the period of arraignment when the accused is under preventive detention?
a. 10 days from the date of the raffle
b. 30 days from the date the court acquire jurisdiction over the person of the accused
c. 15 days from the date of the raffle
d. 20 days from the date the court acquire jurisdiction over the person of the accused
96. when do you object the evidence offered orally?
a. At the time the witness calls to testify
b. As soon as the ground therefore become reasonably apparent
c. Within 3 days after notice
d. Immediately after offer is made
97. extra judicial confession is not sufficient to sustain conviction Unless
a. Supported by associate evidence
b. Supported by evidence of corpus delicti
c. Supported by circumstantial evidence
d. Supported by testimonial evidence
98. It is known as improper performance of an act which might be lawfully done .
a. Malfeasance c. misfeasance
b. Nonfeasance d. nuisance
99. George and Anna cohabited as husband and wife without the benefit of marriage ,they begot a child Juanito
when Juanito was 18 years of age ,he quarrelled with his grandfather Jose,the father of johnny .juanito killed his
grandfather Jose.Juanito committed .
a. Homicide c. murder
b. Parricide d. slander by deed
100. A theory in criminal law which says that man is occasionally subdued by strange and morbid
phenomenon that compels him to do wrong in spite of contrary to his volition.
a. Utilitarian theory c. Positivist theory
b. Classical theory d. Mixed theory

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