CRIMINAL JURISPRUDENCE

REVIEW QUESTIONS – 2003 BOARD

EXAMINATIONS
1. Which of the following is a compound
crime?
A. A man fired his revolver twice in succession
directed against two different persons, killing
one person and the other.
B. NONE of these
C. Placing a time bomb in a plane, which caused it
to explode in mid-air killing 13 persons therein
D. The accused fired his Thompson sub-machine
gun at several persons. The first burst of shots
hit three persons. The accused let loose a
second burst of shots wounding 2 others.
2. Which aggravating circumstance
generally, can be applied to all offenses like
dwelling, recidivism, in consideration of
price, reward or promise?

A. Specific
B. Inherent
C. Qualifying
D. Generic
3. Which of the following crimes over which
the Philippine laws has jurisdiction even if
committed outside the country?

A. Espionage
B. Piracy
C. Treason
D. All of these
4. Which of the following statement is NOT
true?
A. In justifying circumstance, there is no civil
liability except in causing damage to
another in state of security.
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. NONE of these
D. In exempting circumstances there is a
crime but there is no criminal
5. Which of the following is an exempting
circumstance?
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 none 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
6.Accused was convicted of Homicide on
September 15, 1983. No appeal was made and
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
B. Habitual offender
C. Recidivist
D. Habitual delinquent
7. Which of the following circumstances is
considered mitigating?

A. All of these
B. Offender had no intention to commit
so grave a wrong committed
C. Offender is over seventy (70) years
old
D. Incomplete justifying and
incomplete exempt service
8.Which is NOT a common requisite in justifying
circumstances of self-defense, defense of a
relative and defense of a stranger?

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
9. Which of the following is exempted from
criminal liability?

A. All of these
B. Imbecile
C. Insane
D. Moron
10. Which of these is not a requisite of
avoidance of great 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
11. What is the period of prescription of
crimes punishable by death, reclusion
perpetua or temporal?

A. 15 years
B. 5 years
C. 20 years
D. 10 years
12. Which of the following does not belong
to the group?

A. lack of skill
B. Imprudence
C. Negligence
D. Intent
13. This characteristic of criminal law is
enounced in Article 366 of the Revised Penal
Code: crimes are punished under the laws;
and in force at the time of their commission.
A. Prospective
B. General
C. Territorial
D. Preferential
14. Refers to a person within a period of ten
years from the date of release or last
conviction of the crimes of serious or slight
physical injuries, robbery, theft, estafa or
falsification is guilty of any of the said crimes
a third time or offender.
A. Quasi—recidivism
B. Reiteracion or habituality
C. Recidivism
D. Habitual delinquency
15. Which characteristic of criminal law is
described by the official statement: criminal laws
are undertaken to punish crimes committed in
Philippine territory.

A. General
B. Preferential
C. Prospective
D. Territorial
16. What will be the effect on the criminal liability
of the one who was sane when he committed the
crime, but became insane during the time of trial?

A. He is exempt from criminal liability under

paragraph — Article 12 of the Revised
Penal Code.
B. He is still criminally liable but his trial will
be until his mental capacity will be restored
to fair trial
C. His criminal liability will be extinguished
D. NONE of these
17. What power promotes the public welfare
by restraining and regulating the use of
liberty and property?

A. law enforcement
B. all of these
C. eminent domain
D.police
18. What is the effect of the 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
19. 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, it is necessary that the provocation on
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
20. Who is exempt in all cases, from criminal
liability?

A.A person under nine years of age

B. An insane
C. An imbecile
D.Some of these
21. A 41 year old man had a carnal knowledge with
a 25 year old who for a reason of mental
abnormality has a mental capacity of 11-year old.
However, the woman consented to such carnal
act. What is the effect of such consent?

A. There is mitigating circumstance

B. Rape was committed
C. There is aggravating circumstance
D. There is NO rape.
22. How is accidental drunkenness
appreciated as a circumstance in the
commission of an offense?

A. Exempting
B. Justifying
C. Mitigating
D. Aggravating
23. Which of the following is a mitigating
circumstance?
A. Having acted upon an impulse so powerful as
naturally to have produced passion and
obfuscation.
B. An act done in obedience to an order by a
superior for some lawful purpose
C. An act done under the impulse of an
uncontrollable fear of an equal or greater injury
D. An act done under the compulsion of an
irresistible force
24. What is the rule in criminal law about
doubts?

A. proven doubts should be resolved in favor

of the accused
B. all doubts should be resolved in favor of
the accused
C. verified doubts shall be resolved in favor of
the accused
D. doubts duly annotated is resolved in favor
of the accused
26. ______________ 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
B. Probation
C. NONE of these
D. Pardon
27. Which among the following, best
describes the moving power which impels
one to action for a definite result?

A. Mala in se
B. Ignomita Facti Excusa
C. Motive
D. Intent
28. What are those circumstances that
affect 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
B. Justifying circumstances
C. Mitigating circumstances
D. Aggravating circumstances
29. Grave abuse of confidence alleged in the
information is act of what kind of
aggravating circumstance?

A. Generic
B. Inherent
C. Qualifying
D. Specific
30. What is the basis of exempting a person
from criminal liabilities under Article 12 of
the Revised Penal Code?

A. All of these
B. Complete absence of intelligence
C. Complete absence of freedom of
action
D. Complete absence of intent
31. What is meant by “discernment” under
paragraph 3 Article 12 of the Revised Penal
Code?
A. It is the mental capacity to understand
the difference between right and
wrong
B. It is the mental capacity of a minor
between 9 and 11 years old 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
32. When Juan starts to commit indirectly by
overt acts, a crime under the Revised Penal
Code, but does NOT perform all the acts of
execution because of an accident other than
his own act of desistance, what stage in the
commission of crime would the act fall?
A. Frustrated
B. Consummated
C. None of these
D. Attempted
 33. What is an effect of pardon by the
President?

A. NONE of these
B. The pardoning power can be exercised
even before trial
C. The pardoning power of the President can
be exercised before conviction
D. The pardoning power doss not extend to
cases of empowerment
34. ___________ is the use of any device or
artifice by an accused to conceal his
identity.

A. Mistaken identity
B. Craft
C. Cover
D. Disguise
35. What is the importance of classifying
felonies based on gravity of penalties?

A. All of these
B. It ascertains whether the suspect is
detainable or not
C. It gives the period that he may be
legally detainable
D. It determines whether the case is for
inquest or not
36. ________ is an act of sovereign power granting
a general pardon for a past offense and is rarely, if
ever, exercised in favor of a single individual and is
usually exerted in behalf of certain classes of
persons, who are subject to trial but were not yet
convicted.

A. Amnesty
B. Probation
C. NONE of these
D. General pardon
37. An example of alternative circumstances
would be _____

A. All of these
B. Degree of instruction and education of
the offender
C. Intoxication
D. Relationship of the offender and the
offended party
38. Noemi, a minor pretended she was of legal
age and executed a deed of sale where he sold a
property he inherited in favor of Mrs. Ting. After
the consummation of said contract, what legal
action can Noemi take?
A. She can rescind the contract
B. She can recover the property on the
ground of stopple
C. She can recover the property by
seeking annulment of the contract
D. She may apply for the recession of the
contract.
 39. Which of the following is a continuing
offense?
A. After uttering defamatory words against he
offended party, the accused attacked and
assaulted the latter, resulting in slight physical
injuries
B. NONE of these
C. A thief takes from the yard of house two cocks
belonging to two different persons
D. The accused after robbing one house
proceeded to another house and then to
another house where the third house robbery
was committed
40. Who grants absolute pardon?

A. Probation Officer
B. Director of the Bureau of Prisons
C. Judge
D. The Chief executive
41. When the evil intent of the offender
could not be accomplished because the
means employed by him is inadequate or
ineffectual, it is called ________.

A. None of these
B. Frustrated felony
C. Impossible crime
D. Attempted felony
42. 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
B. Consummated arson
C. Attempted arson
D. NONE of these
43. Which of the following crime, over which
the Philippine laws has jurisdiction even if
committed outside the country?

A. Espionage
B. Piracy and Mutiny
C. Treason
D. All of these
44. Speedy Gonzales (SG), the accused saw a 28
year old Ms. Jenny at the gate of her residence.
Without a word, SG kissed Ms. Jenny on the cheek
and brisked softly his hands on to her left breast.
No one saw the incident. In a minute, SG left Ms.
Jenny who was left shock and speechless. What
crime was committed by SG?

A. Acts of lasciviousness
B. Attempted rape
C. Unjust vexation
D. Seduction
45. Which among the following is NOT a
requisite for evident premeditation and
therefore should NOT be appreciated?

A. One day meditation/reflection and offered

reward killer
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
the offense
46. If Denia slapped Rica’s face in front of a
lot of people in a party, what crime did
Denia commit?

A. Unjust vexation
B. Slander by deed
C. Physical injury
D. Malicious mischief
47. 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
B. Attempted arson
C. Arson
D. Consummated arson
48. A public officer appropriating public
funds and misappropriating public property
are examples of what kind of an offense?

A. None of these
B. Malversation
C. Possession of prohibited interest by a
public officer
D. Fraud
49. Which of the following statement is NOT
true?
A. In vindication, the grave offense must be made directly
only to the person 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
he crime by the accused
C. In provocation, it is necessary that the provocation on
threat immediately preceded the act, or there must be no
interval of time between the provocation and the
commission crime
D. In provocation, the cause that brought about the
provocation need not be a grave offense
50. Which is a form of slight physical injury
in the list below?

A. Maltreatment
B. Loss of an eye
C. 3rd degree burns
D. Mutilation
51. B stabbed the victim, a 12 year old girl
and while already at the threshold of death,
B raped her. What crime was committed?

A. Murder
B. NONE of these
C. Rape
D. Homicide
52. Which among the following documents
is NOT a public document?

A. Accomplished municipal form with

NO signature
B. Deed of Absolute sale duly
notarized
C. Marriage certificates that are
Xeroxed
D. Baptismal Certificate
 53. Who are considered persons in
authority?

A. Teacher
B. Policeman
C. All of these
D. Barangay captain
54. In a fit of jealousy, Dovie set fire on the
“Banana Republic” boxer short of her
boyfriend, Fred. What crime did Dovie
commit?

A. Malicious mischief
B. Reckless imprudence
C. Slight physical injury
D. Arson
55. X, with the intention to kill O, loaded his
gun and went to the house of O. He found
him sleeping on his bed. He fired all the
bullets at O, without knowing that three
hours before, he died of cardiac attack.
What crime did X commit?

A. Intentional felony
B. Homicide
C. Murder
D. Impossible crime
56. A man killed a child. What would be the
proper charge?

A. Infanticide
B. Murder qualified by treachery
C. Homicide
D. Murder
57. Which is NOT a requisite in “obedience
to an order issued for some lawful
purpose”?
A. That the means used by the
subordinates to carry out said order
is lawful
B. NONE of these
C. That an order has been issued by a
superior
D. That an order has been issued for
some lawful purpose
58. Which of the following crimes over
which the Philippine laws has jurisdiction
even if committed outside the country?

A. NONE of these
B. Usurpation of powers
C. Offending the religious feelings
D. Revelation of religious secrets
59. Where a woman was carried by the
accused to a distance of 5 kilometers from
the place where she was grabbed, but left
her because of screams, what crime was
committed?

A. Light coercion
B. Grave coercion
C. Attempted serious illegal detention
D. Frustrated serious illegal detention
60. When may a person be arrested without
a warrant?
A. When an offense has just been committed and
the arresting officer or private person has
probable cause to believe based on personal
knowledge of facts or circumstances that a
person to bed 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,
etc.
D. When in the presence of the arresting officer
or private person, the person to be arrested
has committed, is actually committing or is
attempting to commit an offense.
61. In filing a complaint or information, how
is the ________ crime charged determined?

A. law specifically violated

B. facts recited in the complaint or
information
C. title at the charge sheet
D. evidences to be presented
62. For a waiver of the rights of a person
under custodial investigation to be valid,
how must it be made?
A. All of these
B. Voluntarily, intelligently and
knowingly
C. Waiver in writing
D. With counsel’s presence and
assistance
63. 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 evidence
submitted, justified a reasonable
belief that a person committed an
offense
64. What is the accusation made in writing
charging a person with an offense,
subscribed by the prosecutor and filed with
the court?

A. Counter affidavit
B. Information
C. Affidavit
D. Complaint
65. ________________ are facts and
circumstances that would lead a reasonably
discreet and prudent man to believe that an
offense has been committed and that the
objects sought in connection with the
offense are in the place to be searched.
A. Probable cause
B. Warrant of arrest
C. None of these
D. Search warrant
66. Which is not a requisite before a court
can validly exercise power to hear and try a
case?

A. None of these
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
person of the plaintiff
67. When charge for offenses are founded
on the same facts of that which form part of
a series of offenses of the same characters
the court may decide to?
A. decide to obviate delay by
continuing proceedings
B. set the cases for consolidated case
raffle
C. pursue separate trials
D. consolidate trials
68. Which of the following does NOT justify
arrest without warrant?

A. continuing crime
B. arrest based on police suspicion
C. emergency doctrine
D. hot pursuit
69. Can a private person have the right to
break into a house?

A. No, the right is accorded only to

public officials
B. Yes, only if such breaking is
necessary in making arrest
C. No
D. Yes
70. There are three types of criminal
procedures: the accusatorial, the
inquisitorial and what is the other type?

A. mixed
B. secular
C. peculiar
D. directorial
71. When is jurisdiction over the person of
the accused acquired?

A. Any of these
B. Upon his receipt of summons
C. Upon his arrest
D. Upon his voluntary appearance
72. Which of the following constitutes
waiver of any question of irregularity by
attending arrest?

A. Posting of bail
B. Filing a petition for bail
C. Entering a plea
D. All of these
73. The law governing the Witness
Protection, Security and Benefit Program is
________.

A. R.A. 8551
B. R.A. 6975
C. R.A. 6981
D. R.A. 4864
74. What is NOT an 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
75. 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 level
D. All of these
 76. What is meant by a “demurrer to
evidence”?

A. Motion to inhibit
B. Motion of dismiss
C. Motion to deny
D. Motion to postpone
77. In which of the following officers should
an information be filed?

A. Prosecutor
B. Barangay
C. Police
D. Courts
78. What is that taking of a person into
custody so he can answer the commission of
the offense?

A. Imprisonment
B. Bail
C. Confinement
D. Arrest
79. What shall a peace officer do if he is
refused admittance into building where the
person be arrested is believed to be in?
A. Wait outside until the person to be arrested
decides to leave the building
B. After announcing his authority and purpose
the peace officer may break into any building
or enclosure where the person to be arrested
is or is reasonably believed to be
C. NONE of these
D. Leave the building and secure a court order to
break into the building
80. 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 agents of the law? Resort is made to
secret inquiry to discover the culprit and violence and
torture were often employed to extract a confession.
The judge is not limited to the evidence brought
before him but could proceed with his own inquiry
which is NOT confrontative?
A. Mixed system
B. Accusatorial
C. Inquisitorial
D. NONE of these
81. What is the best remedy of a person who
is accused with 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 evidence
D. NONE of these
82. What is the rule in criminal law about
doubts?

A. proven doubts should be resolved in

favor of the accused
B. all doubts should be resolved in favor of
the accused
C. verified doubts shall be resolved in
favor of the accused
D. doubts duly annotated is resolved in
favor of the accused
83. In the conduct of searches and seizure,
what is the proper way making the search?
A. All of these
B. It must be directed to serve in the day
time
C. It must be directed to be served at any
time of the day if property is in the place
ordered to be searched
D. It must be directed to serve any time of
the day or night if the property is on the
person
84. What is the duty of the prosecutor when
he is said to direct and control the
prosecution of the criminal case?

A. To submit himself to the wishes of the

court
B. To turn over the presentation of
evidence
C. To be physically present during
proceedings
D. To impose his opinion to the trial court
85. Which ground for motion to quash is not
waived even if NOT alleged?

A. NONE of these
B. Substantial non-conformity to the
prescribed form
C. Failure to charge an offense
D. The officer who filed the action is not
authorized
86. Which of the choices below is among the
rights of the accused?

A. All of these
B. To have a speedy, impartial and public
trial
C. To be informed of the nature and cause of
the accusation against him
D. To be presumed innocent until the
contrary is proved beyond reasonable
doubt
87. What is that question which arises in a
case, the resolution at which is a logical
antecedent of the issues involved in said
case and the cognizance of which pertain to
another tribunal?

A. Any if these
B. Justifiable question
C. Both justifiable and prejudicial
question
D. Prejudicial question
88. Defendants John and Levy made an appeal
from a judgment that convicted them of illegal
importation 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 court is _______.

A. Decided upon by the court

B. NOT sanctioned by the rules of court
C. Strictly prohibited by law
D. An error in judgment
89. Which of the following cases fall within the
exclusive original jurisdiction of the Metropolitan
Trial Court, Municipal Trial and Municipal Circuit
Trial Courts?

A. Accion Publiciana
B. Probationable cases
C. Violations of city and municipal
ordinances
D. Offenses punishable by reclusion
perpetua
90. Noemi, a minor pretended she was of legal
age and executed a deed of sale where he sold a
property he inherited in favor of Mrs. Ting. after
the consummation of said contract. What legal
action can Noemi take?
A. She can rescind the contract
B. She can recover the property on the
ground of estoppels
C. She can recover the property by seeking
annulment of the contract
D. She may apply for the recession of the
contract.
91. What is an effect of waiver of right to appear
by the accused?

A. NONE of these
B. There is waiver of the right to present
evidence
C. The prosecution can present evidence if
the accused does appear
D. Both A and C
 92. 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 fruit of the offense
C. Any property that can be used as an
evidence to prosecute the offender
D. Property subject of the offense
93. ________ is the peril in which a person is put
when he is regularly charged with a crime before
any tribunal properly organized and competent to
try him.

A. Detention
B. Imprisonment
C. Jeopardy
D. NONE of these
94. In Metro Manila and other chartered
cities, where shall the offended party file his
complaint?

A. Municipal Circuit Trial Court

B. Metropolitan Trial Court
C. Office of the Prosecutor
D. Regional Trial Court
95. It is said that searches of house, room or
premises, should be made in the presence of
two witnesses. Who are these witnesses
supposed to be?

A. Two members of his family

B. Two lawful occupants thereof
C. NONE of these
D. Witnesses of sufficient age and discretion
residing in the same locality
96. Who shall enter a plea of guilty?

A. his Counsel de oficio

B. his authorized counsel
C. self confessed accused
D. defendant himself in open court
97. Which is the hearsay evidence rule?

A. Witness can testify only to those

facts derived or 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 perception
98. One of the two requisites of
admissibility of evidence is when it is
relevant to the issue and what is the other
requisite?

A. It observes continuity of rules

B. It is not excluded by law or rules
C. It multiples admissibility chances
D. It has a heavy weight of evidence
99. What must an evidence be in order to
become relevant to the case

A. not be excluded by the rules

B. not be offensive to our senses
C. should not be contrary morals
D. have a direct bearing and actual
connection to the fact in issue
100. How can evidence of survivorship
be proven?

A. All of these
B. By direct evidence
C. By indirect evidence
D. By circumstantial evidence