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REV
IEW
QU
ESTI
ON
S I
N C
RIM
INA
L LA
W &
JU
RIS
PR
UD
EN
CE
SER
IES I
The
au
tho
r m
ad
e t
his
crim
ino
log
y lic
en
sure
exa
min
ati
on
re
vie
w m
ate
ria
l fo
r th
e e
xclu
siv
e u
se o
f
Gra
du
atin
g S
tud
en
ts &
Stu
de
nts
of
Ba
ch
elo
r o
f Sc
ien
ce
in
Cri
min
olo
gy
, FA
ITH
, C
olle
ge
of
Pu
blic
Sa
fety
. M
akin
g it
as
sim
ple
as
it c
an
be
mig
ht
he
lp o
ur
PIO
NEER
BA
TCH
Cri
min
olo
gis
t Li
ce
nsu
re
Exa
min
ee
s a
nd
CO
PS S
tud
en
ts u
nd
ers
tan
d b
ett
er
the
su
bje
ct;
he
nc
e,
this
sim
ple
wo
rk.
He
res
ho
pin
g t
ha
t yo
u w
ill b
e a
ble
to
jo
in o
ur
PR
OFE
SSIO
NA
L C
RIM
INO
LOG
IST
ASSO
CIA
TIO
N O
F TH
E
PH
ILIP
PIN
ES (
PC
AP).
I a
lso
de
dic
ate
th
is s
imp
le w
ork
to
my f
am
ily,
co
llea
gu
es
in t
he
ac
ad
em
e &
to
th
e m
em
ory
of
my b
est
frie
nd
& c
olle
ag
ue
ATT
Y.
LEA
ND
RO
T.
YA
NG
UA
S w
ho
se n
am
e h
as
rem
ain
ed
th
e b
est
leg
ac
y f
or
LAW
EN
FO
RC
EM
EN
T P
RA
CTI
CE &
CR
IMIN
AL
JU
STI
CE E
DU
CA
TIO
N in
th
e P
hili
pp
ine
s.
It i
s h
op
ed
th
at
it w
ill e
ase
up
th
e b
urd
en
of
the
re
ad
ers
, e
spe
cia
lly t
he
PIO
NEER
BA
TCH
of
BSC
RIM
INO
LOG
Y o
f FIR
ST
ASIA
IN
STI
TUTE
OF
TEC
HN
OLO
GY
& H
UM
AN
ITIE
S,
CO
LLEG
E O
F PU
BLI
C
SA
FETY
fo
r w
ho
m t
his
sim
ple
wo
rk h
as
be
en
prim
arily
de
sig
ne
d.
6/1
7/2
01
2
PR
OF.
TO
M L
. C
AB
RIL
LAS,
RC
,CSP,C
ST,
MSC
,LLB
FAIT
H C
ha
irm
an
, C
olle
ge
of
Pu
blic
Sa
fety
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f 2
2
PR
C G
EN
ER
AL
INSTR
UC
TIO
N:
STR
ICTL
Y N
O E
RA
SU
RES A
LLO
WED
. U
se p
en
cil
no
. 1 o
nly
INSTR
UC
TIO
N:
S
ele
ct
the
co
rre
ct
an
swe
r fo
r e
ac
h o
f th
e f
ollo
win
g q
ue
stio
ns.
M
ark
on
ly o
ne
an
swe
r fo
r e
ac
h
ite
m b
y s
ha
din
g t
he
bo
x c
orr
esp
on
din
g t
o t
he
le
tte
r o
f y
ou
r c
ho
ice
on
th
e a
nsw
er
she
et
pro
vid
ed
.
PA
RT
I.
CR
IMIN
AL
LAW
& J
UR
ISP
RU
DEN
CE
1.
Which one is an exception
to the territorial application
of Criminal Law?
A.
Law is given
retroactive effect.
B.
Law of preferential application
. C.
Bill of Attainder.
D. While being public officers or em
ployees, shou
ld com
mit an offen
se in the exercise of their functions.
E.
All of these
2.
When
an accused is on
trial for a new
crime and has previously served
sen
tence for another crime to which the
law attaches an equal greater pen
alty, or for two or m
ore crim
es to which the law attaches a lighter pen
alty,
theres an aggravating circumstances of
A.
abuse of Con
fiden
ce
C. treachery or alevosia
B.
reiteracion
or habituality
D. unlawful Entry
3.
Lando is an employee of Baltik Trade Corp. As an employee thereof, he was able to learn the safety vault
combination
. One Saturday even
ing he wen
t to their Office to steal the mon
ey placed in the safety vault. He
found it em
pty. For what crim
e is he liable of:
A. Attem
pted Theft
C. Fru
strated Theft
B. Im
possible Crime
D. Attem
pted Robbery
4.
The legal term
DELIT
O COMPUESTO is best described
as
A.
Two acts producing two or m
ore grave or less felony.
B.
A crime as a necessary m
eans of com
mitting another crime.
C.
A single act producing two or m
ore grave or less felony.
D. A single act producing two or m
ore light felonies.
5.
Jorge is under deten
tion
for violation
of RA 6425. One day he was involved
in a fight with e fellow inmate. He
killed his fellow inmate, thus a case of hom
icide was also filed. Is Jorge a recidivist?
A.
Yes, because his secon
d crime is con
sidered
as felony.
B.
Yes, because he is already con
victed of the first crim
e.
C.
No, because he is con
victed of his first crime.
D. No, because he is not yet con
victed of his first crime.
6.
Berto unlawfully shot to death Facundo while the latter was at his brothers hou
se. What aggravating
circumstance is present?
A.
Disregard of sex
C. Nighttim
e B.
Dwelling
D. Superior strength
7.
Which of the follow
ing is composed
of three distinct pen
alties each forming a period?
A.
Com
plex crime
C. Com
plex Pen
alty
B.
Com
plex Law
D. Com
plex term
8.
Caleb saw M
ark attacking his own (Marks) wife with a Rambo knife. Caleb approached
Mark and struggled for
the possession of the weapon
, in the course of which Caleb killed M
ark. What justifying circumstance is
present?
A.
Defen
se of Stranger
Defen
se of Stranger
Defen
se of Stranger
Defen
se of Stranger
C. Defen
se of Relative
B.
Self-Defen
se
D. Avoidance of Greater Evil of Injury
9.
The pen
alty to be im
posed
to an accused over 9 year of age but below
15 year old will be lowered
by -
A.
Two degrees
C. One degree
B.
Three degrees
D. Fou
r degrees
10. Rudy killed Dick out of rivalry for the love of Dina. What mitigating circumstance is present?
A.
Passion and O
bfuscation
C. Con
fession of guilt
B.
Vindication
of grave offense
D. Provocation
of threat
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11. Rino introd
uced him
self as the Municipal Mayor as he was pacifying Bruno and Kulas who were fighting inside
a beer joint. N
otwithstanding his presence, Bruno and Kulas continued
to fight until Bruno su
cceeded
in killing
Kulas. W
hat aggravating circumstance is present?
A.
In con
tempt or with insu
lt to the public authority.
B.
Disregard of Rank
C.
Abuse of confiden
ce
D. Band
12. Before killing his victim, Abel drank gin to make him
bolder in the commission
of the crim
e. W
hat alternative
circumstance is present?
A.
Age and Rank
C. Education
B.
Intoxication
D. Relation
ship
13. Banon
g, thinking that the person walking in a dark alley was Erap, his bitter en
emy, fired at that person, who
was killed as a result. It turned
out that the victim w
as Banon
gs own father. There was ____________.
A.
Error in personae
C. Praeter intention
em
B.
Aberratio ictus
D. Com
plex crime
14. Death and Reclusion
Perpetua prescribe in ___________.
A.
30 years
C. 20 years
B.
40 years
D. 10 years
15. Criminal liability is partially extinguished
by _____________.
A.
Serving com
pletely the sentence
C. Con
ditional Pardon
B.
Amnesty
D. Parole
16. What kind of pen
alty is im
posed
when
an accused was sentenced to pay a fine of exactly Php200.00?
A.
Correctional Pen
alty
C. Less grave felony
B.
Grave felony
D. Light pen
alty
17. Which of the follow
ing statemen
ts best defines IM
PUTED N
EGLIG
ENCE?
A.
Negligen
ce that was cu
t-off.
B.
That the parents of the minor are presu
med
negligen
t if the minor staying with them
com
mits a crime.
C.
Crime that can be avoided
. D. Felon
y com
mitted through negligen
ce.
18. Which of the follow
ing is not a sou
rce of Phil. Pen
al Laws?
A.
Rev. Pen
al Cod
e
C. Special Pen
al Laws
B.
Pen
al Pres. Decrees
D. Legislative Decrees
19. Philippine Pen
al Law is applicable within the Philippine territory to include
A.
All of these
C. interior waters
B.
its atm
ospheres
D. maritime zone
20. Which of the follow
ing is the best example of obligation
and securities issued
by the Philippine Governmen
t?
A.
mon
ey bills
C. coins
B.
Governmen
t Bon
ds
D. Letter of Credit
21. Who amon
g the follow
ing persons is not exem
pted from criminal liability?
A.
Ambassadors
C. ministers
B.
changes d' affaires
D. consu
ls
22. What are the crim
inal acts punished
by the Revised
Pen
al Cod
e?
A.
Felon
ies
C. Crimes
B.
Offen
ses
D. Misdeameor
23. What will a judge do if the acts don
e by a person being tried
in cou
rt is not covered
by law?
A.
Con
vict the accused
C. Place the accused under probation
B.
Acquit the accused
D. Give the accused Parole
24. A swift attack on a m
ilitary installation
by elemen
ts of the AFP or police is the same as
A.
promoting rebellion
C. Rebellion
B.
coup de etat
D. Insu
rrection
25. What is the legislative action that punishes withou
t trial?
A.
Ex-post facto law
C. bill of attainder
B.
Unconstitution
al law
D. pen
al attainder
26. What is the stage of the commission
of a felon
y when
all the elem
ents necessary for its execution
and
accom
plish
men
t are present?
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A.
attem
pted
C. consu
mmated
B.
frustrated
D. en
umerated
27. This is incurred
by a person com
mitting a felon
y althou
gh the wrongful act don
e by different from
what he
intend to do.
A.
Felon
y
C. offense
B.
crim
inal liability
D. civil liability
28. This is committed when
a person who decided
to commit a felon
y proposes its execution
to another person.
A.
Accessory
C. accom
plice
B.
conspiracy
D. proposal
29. Which of the follow
ing refers to the pow
er of the state to define and punish crime?
A.
pow
er of em
inen
t dom
ain
C. legislative pow
er
B.
notice pow
er
D. executive pow
er
30. Rebellion
treason and sed
ition are crimes against -
A. public security
C. nation
al governmen
t B. public service
D. nation
al security
31. If an offen
se was committed by a Japanese nation
al on
board a Singapore Airlines plane abort to land at the
NAIA
. W
hat pen
al law will apply -
a. Singapore Law
b. Philippine Law
c. Japanese Law
d. Internation
al Law
32. Which of the follow
ing words has the same meaning as the word deceit?
A. dolo
B. culpa
C. fault
D. negligen
ce
33. A chief of Police of a m
unicipality, believing in good faith that a prisoner serving a ten
-day sen
tence in the
municipal jail, wou
ld not escape, allow
ed said prisoner to sleep at the latters hou
se because the municipal jail w
as
so con
gested and there was no bed
space available. Accordingly, the prisoner wen
t hom
e to sleep
every night but
returned
to jail early each
morning, until the ten-day sen
tence had been fully served
. W
hat crim
e was committed
by the chief of police?
A.
infidelity of public officer
B.
dereliction
of duty
C.
illegal deten
tion
D. consenting on con
niving to evasion
34. Pascual op
erated a rice thresh
er in Barangay N
apnud where he resided
. Ren
ato, a residen
t of the neighboring
Barangay Guihaman, also op
erated a m
obile rice thresh
er which he often brought to Barangay N
apnud to thresh
the Palay of the farm
ers there. This was bitterly resen
ted by Pascual. One afternoon Pascual, and his two sons
confron
ted Ren
ato and his m
en who were op
erating their mobile rice thresh
er along a feeder road in N
apnud. A
heated argumen
t en
sued
. A barangay captain who was fetched
men
tried
to appease Pascual and Ren
ato to
preven
t a violent confron
tation
. H
owever, Pascual resented the interven
tion
of the barangay captain and hacked
him
to death.
A.
Hom
icide with assault upon
a person is authority
B.
Direct assault
C.
Hom
icide with assault upon
an agen
t of a person in authority
D. indirect assault
E.
Hom
icide
35. Suspecting that Juan was a drug push
er, SPO2 M
ercado, leader of the NARCOM team, gave Juan a P100-bill and
asked
him
to buy som
e marijuana cigarettes. Desirou
s of Pleasing SPO2 M
ercado, Juan wen
t inside the shop
ping
fifteen m
inutes, Juan returned
with the sticks of m
arijuana cigarettes which he gave to SPO2 M
ercado who
thereu
pon
placed Juan under arrest and charged
him
with violation
of placed Juan under arrest and charged
him
with violation
of The Dangerous Drug Law by selling marijuana cigarettes. Is Juan guilty of any offen
se
punishable under the Dangerous Drugs Act?
A.
No, Juan is Not guilty of any offen
se
B.
Yes, Juan is guilty of under the Dangerou
s Drugs Act.
C.
Yes, for illegal possession of marijuana
D. Yes, for Illegal selling of marijuana
E.
c and d only
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36. PO1 Guzm
an saw Gorio, an inmate, escaping from jail and ordered
the latter to su
rren
der. Instead of doing so,
Gorio attacked
PO1 Guzm
an with a bamboo spear. G
orio m
issed in his first attem
pt to hit PO1 Guzm
an and before
he could strike again. PO1 Guzm
an shot and killed him
. Is PO1 Guzm
an criminally liable?
A.
yes self defen
se was proper
B.
No, crime of m
urder was committed
C.
No, there was treachery
D. No Crime, of hom
icide was committed
E.
Yes, because Filem
on was a criminal
37. CIN
SP M
enor, while patrolling Bago-Bago community in a Police car with SPO3 Caloy Itliong, blew his w
histle to
stop
a N
issan Sen
tra car which wrongly entered a one-way street. After dem
anding from Linda Lo Hua, the driver,
her drivers licen
se, Men
or asked
her to follow
them
to the police precinct. Upon
arriving there, he gave instructions
to Itliong to guard Lo Hua in one of the room
s and not to let her out of sight until he returns; then
got the car key
from
Lo Hua. In the meantime, the latter was not allow
ed to make any phon
e calls but was given
food and access to
a bathroom
. When
Men
or show
ed up after two days, he brought LO H
ua to a private hou
se and told her that he
wou
ld only release her and return the car if she made arrangem
ents for the delivery of P5,000.00 in a doctors pad
at a certain place within the next tw
enty-fou
r hou
rs. When
Men
or wen
t to the designated spot to pick up the bag of
mon
ey, he su
dden
ly fou
nd him
self surrou
nded
be several arm
ed civilians who introd
uced them
selves as NBI
agen
ts. W
hat crim
e was committed by M
ajor Men
or?
A.
arbitrary deten
tion
D. incrim
inatory m
achination
s
B.
illegal deten
tion
E. forcible abduction
C.
Kidnapping
38. Rudy is an inform
er who told the Police authorities that Aldo is a drug push
er. PO2 Cruz then
posed
as a buyer and
persu
aded
Rudy to sell m
arijuana worth P10.00 to Aldo. Rudy agreed
. H
e delivered
the goods and so Aldo was
apprehen
ded
with the marked
mon
ey. Aldo is now
prosecuted for violation
of the Dangerou
s Drugs Act. Is the act
of the police officer proper?
A.
No, because there was investigation
B.
Yes, because Aldo is a push
er
C.
Yes, because there was en
trapmen
t
D. A and C
E.
No, because it was the policem
an him
self who acted
as push
er buyer
39. Amy was apprehen
ded
and arrested by PO1 Bart for illegal parking. She was detained
at the police precinct,
underwen
t investigation
, and released only after 48 hou
rs. W
hat crim
e was committed by PO1 Bart?
A.
unlawful arrest
B.
arbitrary deten
tion
C.
illegal arrest
D. illegal deten
tion
E.
Delay in the delivery of detained
persons to the proper judicial authorities
40. Ador, a policem
an, was clea
ning his service pistol inside his hou
se when
it fell from his hand and fired
. The bullet
hit a neighbor on the stom
ach and a secon
d neighbor on the leg. The injuries sustained
by the tw
o neighbors
required
thirty-five(35) days and nine (9) days of m
edical atten
dance, respectively. What crim
e sh
ould be filed
against Ador?
A.
Frustrated hom
icide and slight physical injuries
B.
1 cou
nt of frustrated hom
icide
C.
1 sep
arate crime of serious physical injuries and slight physical injuries
D. a sep
arate crimes of seriou
s physical injuries and slight physical injuries, both through reckless impruden
ce
E.
seriou
s physical injuries
41. Edgardo, a policem
an, accom
panied by Florencio wen
t to serve a warrant of arrest on
Emilio, a professional boxer
at the latters apartmen
t. U
pon
seeing Edgardo, not know
ing that he was a policem
an immed
iately boxed
him
. Edgardo fell flat on
the floor. As Florencio tried to help Edgardo on
his feet, Emilio also boxed
Florencio. Edgardo
was given
med
ical atten
dance for nine (9) days due to his injury. What crim
e was committed by Emilio?
A.
Direct assault upon
a person in authority
B.
Resistance or disobed
ience to an agen
t of person in authority
C.
A and B only
D. slight physical injuries
E.
Non
e of these
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42. PO1 A caught B on
e night in the act of removing the glass jalousies of the window
of the hou
se of C
which was
closed
. B had already detached
three glass blades. If A was arrested, what crim
e sh
ould book against B?
A.
Attem
pted robbery
D. consu
mmated theft
B.
Attem
pted trespass to dueling E
. consu
mmated the space to dueling
C.
attem
pted theft
43. X, a police captain, arrested Y on suspicion of robbery. X interrogated Y but Y den
ied know
ledge and participation
in any crime of robbery. X then
ordered
Z, his assistant, to torture Y. As a result of the torture, Y con
fessed
despite
his innocen
ce. What crim
e, if any, was committed by X?
A.
unlawful arrest
D. grave threats
B.
illegal deten
tion
E. arbitrary deten
tion
C.
grave coercion
44. X is serving a 6-year prison term. In this fou
rth yea
r in prison, he discovered
that the judge committed a m
istake
in giving him
a 6-year sentence when
the law he violated called
for 3-years imprisonmen
t on
ly. Y, the jail guard
and a law studen
t checked
Xs con
tention
and fou
nd it correct. X did not want to go to cou
rt anymore as he did not
have any m
oney to hire a lawyer to file habeas corpus and he had lost faith in the competen
ce of Judges. X then
inform
ed Y he wou
ld just escape and the latter did not object. As soon
as Y turned
his back X sprinted out of his
cell. W
hat crim
e was committed by Y the jail guard?
A.
Evasion
of sentence
D. jail hou
se rock
B.
dereliction
of duty
E. no crim
e
C.
infidelity in the custod
y of prisoner
45. A police officer su
rrep
titiou
sly placed a m
arijuana cigarette in the breast pocket of the polo sh
irt of a studen
t and
then
arrested the studen
t for illegal possession of marijuana cigarette. For what crim
e or crimes will the police
officer be liable?
A.
liable for incrim
inatory m
achination
B.
liable for the complex crime of incrim
inatory m
achination
with unlawful arrest
C.
entrapmen
t
D. a and b
46. A, a receiving teller of the Philippine Nation
al Bank, taking advantage of his position, appropriated the amou
nt of
P1,000.00 which he had in his possession. W
hat crim
e was committed by A?
A.
theft
D. estafa
B.
Qualified
theft
E. Malversation
C.
no crim
e was committed
47. What crim
e exists when
a single act con
stitutes tw
o or m
ore grave or less grave felonies or when
an offen
se is a
necessary m
eans for committing the other?
A.
complex
C. continuing
B.
composite
D. compou
nd
48. What must be considered
in determining whether the crim
e committed is on
ly attem
pted, frustrated or
consu
mmated?
A.
the elem
ents con
stituting the felony
B.
non
e of these
C.
the nature of the offense
D. the manner of committing the felony
E.
all of these
49. What crim
e is com
mitted when
A, while driving a truck, ran over a girl crossing the street during a torrential
rain and the girl died?
A.
hom
icide
B.
reckless impruden
ce resulting o hom
icide
C.
seriou
s physical injury
D. murder
50. What crim
e can be charged
of on
e who retains a m
inor in his service against the minor's will and under the
pretext of reimbursing him
self of a debt incurred
by the child's parents?
A.
white slavery
C. exploitation
of child labor
B.
inducing a m
inor to work
D. kidnapping
51. A notary public issu
ed a supposed
cop
y of a deed of safe, when
in fact no su
ch deed of sale was prepared by him
.
A is liable for
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A.
estafa
C. falsification
B.
forgery
D. all of these
52. What kind of presu
mption
involves the men
tal process by which the existence of on
e fact is inferred
from proof
of som
e other facts?
A. conclusive
B. of law
C. disputable
D. of fact
53. During the pen
den
cy of his criminal case, A died due to heart attack. H
is untimely death will resu
lt in the
A.
term
ination
of the proceed
ings
B.
postpon
emen
t of the case
C.
suspen
sion
of the case
D. dismissal of the case for lack of respon
den
t E.
Non
e of these
54. When
cou
ld an ordinary citizen
give his opinion regarding the handwriting of a person?
A.
when
he has to testify only as to the men
tal and emotional state of the on
e who authorized
the handwriting
B.
when
it is the handwriting of on
e whom
he has su
fficient familiarity
C.
when
he is a question
ed examiner
D. when
he is a graduate of crim
inology
55. Is the right against self-incrim
ination
automatically operation
al?
A. yes, it can be waived
C. no
B. no, it must be claim
ed
D. yes
56. Can a husband testify against the wife in an adultery case?
A.
yes, the privilege of m
arital communication
rule is already abolished
B.
yes, under the law she is a com
peten
t witness
C.
no
D. yes, because crime charge is one committed by the wife against the husband
57. A is a supply officer of a m
unicipality. H
e en
tered into an agreem
ent with B to su
pply the municipality w
ith
some office forms at a price grossly disadvantageous to the municipality. The agreem
ent as that part of the
purchase price m
ust be given
to A. The transaction did N
OT m
aterialize. A is maybe liable for -
A. attem
pted estafa
C. frustrated estafa
B. attem
pted fraud
D. consu
mmated fraud
58. When
can a private prosecu
tor be allow
ed to prosecute?
A.
under the authority of the Dep
artmen
t of Justice Secretary
B.
when
don
e under authority of the public prosecutor
C.
under the control and supervision of the public prosecutor
D. don
e under the su
pervision of the regional prosecutor
59. What crim
e is com
mitted against m
ankind, and whose jurisdiction
con
sequen
tly recognizes no territorial limits?
a. piracy
c. felon
ies
b. theft
d. su
icide
60. Heads of State or Ambassadors can N
OT be held criminally liable in another state or place of assignmen
t under
the principles of internation
al law. This is an EXCEPTIO
N to the gen
eral characteristics of Criminal Law
which is
A.
prospectivity
C. gen
erality
B.
territorially
D. im
munity
61. Who represents the People of the Philippines in criminal cases on
appeal before the Cou
rt of Appeals or the
Supreme Cou
rt?
A.
Private Prosecutor
C. City/ Municipal Prosecutor
B.
State Prosecutor
D. Solicitor Gen
eral
e. a or c
62. What sh
ould the court do when
the offense is less serious physical injuries and the offense proven
is seriou
s physical injuries and the dep
endant maybe convicted only of the offense as ch
arged
? A.
he appears to be the least guilty
B.
he does not appear to be the most guilty
C.
not m
ore than two accused can be state witness
D. he seem
s to be not guilty
63. When
is eviden
ce presented in cou
rt for admissibility con
sidered
relevant to the issu
e?
A.
when
it is not excluded
by the rules
B.
when
it has a direct bearing and actual connection
to the facts and issue
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C.
when
it is not rep
ugnant in taste
D. when
it is not immoral
64. What circumstances can be considered
aggravating with the staying of an 80 years old wom
an?
A. abuse of confiden
ce
C. disregard of age and sex
B. neglect of elders
D. disrespect of rank
65. The rule on summary procedure applies to crim
inal cases where the pen
alty prescribed
by law for the offense
charged
does not exceed
-
A.
3 years
C. 6 m
onths im
prisonmen
t
B.
6 years
D. 4 years and 2 m
onths
66. In a case of oral defamation
, where the priest is the on
ly available witness. Can a priest testify as to the alleged
defamatory words given
to him
by the accused during con
fession?
A.
privileged
given
to a patien
t to a doctor
B.
privileged
given
to a husband to a wife
C.
privilege communication
given
to an attorney by a clien
t D. privilege communication
given
by a pen
iten
t to a priest
E.
non
e of these
67. Who are criminally liable, when
having know
ledge of the commission
of the rime, withou
t having principally
participated therein, takes part subsequen
t to the commission
, either in profiting, by the effects of the crim
e, or
by con
cealing or destroying the bod
y of the crim
e?
A.
witnesses
c. principals
E. All of these
B.
accessories
D. accom
plices
68. A, the neighbor of B, sh
ot the pig of B which was eating A's camote plants. A thereafter cook the pig's m
eat
(pork) and con
sumed
the same. What is A liable for?
A.
violation
of Anti-fen
cing Law
D. maliciou
s mischief
B.
violation
of Anti-Cattle Rusting Law
E. theft
C.
cruelty to anim
als
69. What are the infractions of m
ere rules of con
ven
ience designed
to secure a m
ore orderly regulation
of the affairs
of society?
A.
mala prohibita
D. felonies
B.
violation
of ordinances
E. mala perse
C.
misdem
eanor
70. X wen
t to the United
States. While he was there, he courted
Y an American. They even
tually got m
arried.
When
X returned
to the Philippines, his wife, Z filed
an action against him
for violating their marriage. What
is X liable of?
A.
crim
e
D. adultery
B.
concubinage
E. bigamy
C.
b or c
71. A treasu
ry warrant was payable to A or his rep
resentative. B took possession of the warrant, wrote the name of
A, en
dorsed it at the back and was able to en
cash
it. B is liable for-
A.
estafa
C. falsification
B.
forgery
D. all of these
72. What is that statemen
t made by a wou
nded
person shortly after he received
severe bolo stabs narrating therein
the whole inciden
t to another which is admissible in eviden
ce as part of -
A.
res nullus
C. res judicata
B.
res ispa loquiter
D. res gestae
73. A, B, C are board m
ates of D. A, B, and C con
spire to kill X, a witch, because he is perceived
to cause m
isery
amon
g m
any in the barangay. D knew
abou
t it all along after con
spiracy but made no move to rep
ort to the
authorities. In this case , D
-
A.
is liable for m
urder
D. is an accessory to murder
B.
is a con
spirator
E. neither
C.
incurs no crim
inal liability
74. "A
berratio ictus" has the same means as
A.
mistaken
iden
tity
D. mistake in the blow
B.
resu
lts are less than intended
E. neither
C.
resu
lt is greater than intended
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75. A, with intent to kill, fired
a revolver at B. H
e inflicted a fatal wou
nd. A brought B to a hospital, and due to
timely m
edical assistance, B survived
. W
hat crim
e did A com
mit?
A.
physical injuries
C. frustrated felon
y
B.
attem
pted felon
y
D. no crim
inal liability
76. Under the New
Con
stitution
, who is empow
ered
to order or change the ven
ue or place of trial in order to avoid
miscarriage of justice?
A. executive judge
C. Supreme Cou
rt
B. regional trial court
D. regional state prosecutor
77. What rule is observed
when
gen
erally, there can be no eviden
ce of a writing, the contents of which is the su
bject
matter of inquiry other than the original itself?
A.
secondary eviden
ce
D. parol eviden
ce
B.
corollary eviden
ce
E. best eviden
ce
C.
hard eviden
ce
78. What kind of executive clem
ency wipes away the guilt of the convicted person, su
bject to the three limitation
s to
be executed by the Presiden
t?
A.
pardon
C. reprieve
B.
amnesty
D. pen
alty
79. What crim
e is com
mitted when
the offender, acting under a single criminal resolution
, commits a series of acts
in the same place at abou
t the same time and all the overt acts committed violate one and the same pen
al
provisions?
A.
composite
C. continuing crime
B.
compou
nd
D. complex
C.
b or d
80. In what instance can alibi (the weakest defen
se) acquire commen
surate stren
gth in eviden
tial value?
A.
when
it changes the burden
of proof
B.
when
eviden
ce for the prosecution
is strong
C.
where no positive and proper iden
tification
has been satisfactorily m
ade
D. when
question
s on
whether or not accused com
mitted the offense is clear
E.
Non
e of these
81. B is less than three days old. H
e is a child of X by his paramou
r Y. B is killed by X to preven
t his discovery by
X's legitim
ate wife, Z. The crim
e committed by X is -
A.
hom
icide
D. murder
B.
infanticide
E. b or c
C.
parricide
82. What kind of motion m
ay be availed
of anytime before arraignmen
t?
A.
motion to dismiss
D. motion to review
B.
motion for recon
sideration
E. motion to quash
C.
all of these
83. Who is a person in authority amon
g the follow
ing:
A. policem
an
c. M
MDA enforcer
B. barangay captain
d. barangay tanod
e. All of these
84. A and B, living together as husband and wife, but not m
arried. A killed B. W
hat crim
e does A com
mitted?
A.
murder only
D. murder &
hom
icide
B.
hom
icide on
ly
E. parricide on
ly
C.
non
e of the these
85. A and B are board m
ates. B wen
t ou
t from
their boarding hou
se. A put chair to block the door. Sudden
ly, a
person is forcing to op
en the door block with chair. Ask the person forcing to op
en the door, the person is not
respon
ding. A wen
t to kitchen
to get knife. B forced to op
en the door. Then
A struck B with the knife. B died.
What crim
e did A com
mitted?
A.
mistake in blow
D. mistake in fact
B.
error on
personae
E. mistake of iden
tity
C.
non
e of these
86. A with intent to kill B, burn the hou
se of B. B died. W
hat crim
e A com
mitted?
A. arson
with M
D. murder only
B. arson
only
E. all of the above
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C. hom
icide on
ly
87. Peter died to tumultuou
s affray. W
hat sh
ould be the proper case to be filed?
A.
all of them
will be put on
the complaint
B.
different charges will be filed to each of them
C.
non
e of the above
D. both A and B
88. Joh
n stabbed
Steve three times resulting to Steves death. Due to circumstantial eviden
ce presented, it fou
nd
out that Steve is Joh
n's brother. W
hat crim
e did X com
mitted?
A.
murder
C. hom
icide
B.
parricide
D. non
e of these
89. What is the minim
um distance imposed
to those punished
with Destiero?
A.
25 kms
D. 50 kms
B.
75 kms
E. non
e of these
C.
95 kms
90. How
many days that a child that was born before the second m
arriage can becom
e legitim
ate?
A.
181
D. 180 days
B.
191 days
E. 190 days
C.
non
e of these
91. The crim
e of libel will prescribe how
many days?
A.
one (1) year
D. tw
o (2) years
B.
four (4) years
E. three (3) years
C.
Non
e of these
92. How
many days before a Prosecution
will issu
e a subpoena?
A.
10
D. 20
B.
30
E. non
e of the above
C.
15
93. XX killed his three-year-old child, what crim
e did he commit?
A.
infanticide
C. parricide
B.
hom
icide
D. non
e of these
94. A is walking a certain street, on his way, he found P100.00 bill. A wen
t in a certain restaurant and spen
d the
mon
ey to pay the food
he ate, what did A com
mitted?
A.
Swindling
D. thief
B.
estafa
E. robbery
C.
non
e of these
95. What is the pen
alty of libel?
a. on
e year
c. three years
b. tw
o years
d. four years
e. six years
96. Which of the follow
ing eviden
ce is the same, as that which is already given
? A.
Corroborative eviden
ce
C. "Factum eviden
ce"
B.
Cumulative eviden
ce
D. Testimon
ial eviden
ce
97. The bod
y of a dead person is ___________ if his death is at issu
e.
A.
real eviden
ce
B.
testim
onial eviden
ce if testified by a m
edico legal
C.
secondary eviden
ce
D. Corroborative eviden
ce of death
E.
Non
e of these
98. When
is eviden
ce presented in cou
rt for admissibility con
sidered
relevant to the issu
e?
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 rep
ugnant in taste
D. when
it is not immoral
99. How
shou
ld the plea to a complain or inform
ation
be made by the accused?
A.
Personal, in open
cou
rt and with the assistance of counsel.
B.
by the approval of the court and upon
written
request by the accused
C.
through cou
nsel in open
cou
rt and on record
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D. personality by written
motion
E.
Non
e of these
100. A
Search W
arrant is valid and can only be served
once the date of issu
ance, within;
A. 40 days
B. 15 days
C. 10 days
D. 30 days
PA
RT
II.
CR
IMIN
AL
LAW
& J
UR
ISP
RU
DEN
CE
1. Know
n as the Revised
Pen
al Cod
e.
A. RA. 3518
B. RA. 3581
C. RA. 3815
D. RA. 3158
2.
Effectivity of Revised
Pen
al Cod
e A. January 1, 1923
B. January 2, 1932
C. January 2, 1923
D. January 1, 1932
3.
Characteristics of Pen
al Law w
hich is applicable to all persons within the territory, regardless of nation
ality, sex
age and other personal circumstances.
A. Territorial
B. Gen
eral
C. Perspective
D. Prospective
It is the rule that em
phasizes nation
ality except those affecting peace and security.
A. American Rule
B. Rom
an Rule
C. English
Rule
D. French Rule
4.
Elemen
ts of mistake of fact, except:
A. No Negligen
ce
B. There is negligen
ce
C. The act is lawful as believed
by the action
D. Intention
not unlawful
5.
Mallum Prohibitum mea
ns
A. Inheren
tly prohibited
B. Made wrong by legislation
C. It is prohibited
D. Act of prohibition
6.
Inheren
tly wrongs:
A. Malum per se
B. Malum per si
C. Malum pre se
D. Malum pier se
7.
Stages of execution
, except:
A. Aggravated
B. Con
summated
C. Attem
pted
D. Frustrated
8.
When
two or m
ore persons come to an agreem
ent concerning the commission
of a felon
y and decide to com
mit it.
A. Con
stitution
B. Con
spiracy
C. Agreem
ent
D. Con
nivance
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10. Is a sudden
and unprovok
ed attack placing the victim in an imminen
t and actual danger.
A. Self Con
fiden
ce
B. Unlawful Aggression
C. Lawful Aggression
D. Defen
se of stranger
11. Other persons not included
as relatives.
A. Brother in law
B. Cou
sin
C. Stranger
D. Alien
12. Capacity to understand between right or wrong and to fully appreciate the consequen
ces of his lawful act.
A. Discretion
B. Discernmen
t
C. Discernmen
t
D. Discretion
13. Absolutory causes, except:
A. Legal excuses in Trespass to dwelling
B. Pardon
by the offended
party
C. Spon
taneous desistance in attem
pted stage
D. Lawful aggression
14. When
lawful officers employ rules and schem
es to en
sure the apprehen
sion
of the crim
inal.
A. Operation
B. Entrapmen
t
C. Raid
D. Checkpoint
15. When
the accused was induced to commit the crim
e.
A. Instigation
B. Mitigation
C. Litigation
D. Ligation
16. Involves m
ental process and an internal state of mind.
A. Action
B. Intention
C. Malice
D. Im
agination
17. Is the place of abod
e where the offended
party decides and which satisfies the requirem
ents of dom
estic life.
A. Hom
e
B. Dwelling
C. Hou
se
D. Dueling
18. Those that are ready a part of the commission
of the felony and no effect to increase pen
alty.
A. Inheren
t
B. Inherit
C. Accessories
D. Con
spiracy
19. N
octurn
idad means:
A. Night time
B. Night life
C. Nightm
are
D. Uninhabited
place
20. Insidious words or m
achination
of on
e party w
hereby the other is induced to en
ter into a con
tract w
hich w
ithou
t them
he wou
ld have not agreed
.
A. Fraud
B. Disguise
C. Craft
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D. Reiteration
21. The introd
uction of eviden
ce is required
only when
the court has to resolve a
.
A. Matter of fact
B. Question
of the law
C. Question
of fact
D. Substance of the law
22. It defines the admissibility of eviden
ce
A. Sec. 3 rule 128
B. Sec. 4 rule 129
C. Sec. 3 rule 127
D. Sec. 3 rule 130
23. As a defen
se it is the weakest and it crumbles in the light of positive iden
tification
by a truthful witness.
A. Alibi
B. Frame up
C. Reason
D. Iden
tification
24. The main function of judicial notice is to:
A. Abbreviate litigation
by the admission
of matters that need no eviden
ce because judicial notice is
substitute for formal proof a m
atter of eviden
ce.
B. Just judicial procedure
C. Effective judicial jurisdiction
D. All of the above
25. What do we call an admission
in dismissed pleadings?
A. Extra judicial admission
s
B. Judicial admission
C. Com
peten
t admission
D. All of the above
26. A Presu
mption
is:
A. An assumption
of fact resulting from a rule of law, which requires such fact to be assumed
from another
fact or group of facts or otherwise, establish
ed in action
B. A wild guess
C. Discretionary assumption
to uphold the instilling of justice
D. All of the above
27. The effect of an admission
is:
A. Given
by a party as eviden
ce against him
B. Given
by authority as eviden
ce to the plaintiff
C. As eviden
ce against the form
er
D. All of the above
28. There are how
many kinds of presu
mption
?
A. There are two which: Con
clusive Juris et de jure and Disputable Juris tantum.
B. There is only one Juris et de jure which m
eans conclusive presu
mption
C. There is only one Juris tantum which, means disputable presu
mption
D. Presu
mption
is just presu
mption
and is invalid when
presented
29. In disqualification
of witnesses, a person incapable of making know
n his perception
to others and his incapacity
must exist at the time of his production for examination
is called
:
A. Disqualified
by rea
son of men
tal incapacity
B. Disqualified
by rea
son of men
tal retardation
C. Disqualified
by m
eans of tem
peramen
t beh
avior
D. All of the above
30. The martial privileged
com
munication
rule is:
A. Sec. 24 (a) of rule 130
B. Sec. 25 (b) of rule 132
C. Sec. 24 (b) of rule 130
D. All of the above
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31. These are the requisites of mistake of fact as a defen
se, except:
A. Act don
e wou
ld have been lawful
B. Intention
of the accused m
ust be lawful
C. Resulting injury is due to the act of victim
D. Mistake must be withou
t fault or carelessness
32. These are the elem
ents of irresistible force, except:
A. An act is required
by law to be don
e
B. Com
pulsion is by m
eans of physical force
C. Physical force is irrespirable
D. Physical force comes from a third person
33. These are the elem
ent of uncontrollable fear, except:
A. Threat which causes fear is of an evil greater or at least equal to that he is required
to commit.
B. Promise an evil of su
ch gravity and imminen
ce ordinary m
an wou
ld have su
ccumbed
C. All of the above
D. Non
e of the above
34. These are the elem
ents of insu
perable or lawful cause, except:
A. An act is required
by law to be don
e
B. Person com
mitted a crime but no pen
alty
C. Person fails to perform
such act
D. Failure to perform
due to insu
perable cause
35. The follow
ing elemen
ts m
ust be proved
by the prosecution
in eviden
t premed
itation
, except:
A. Tim
e when
the offender determined
to commit the crim
e
B. Based upon
external acts and m
ust be eviden
t
C. Act m
anifestly indicating determination
D. Sufficient lapse of time between determination
s 36. It is a m
inor who is over 9 years, but less than 18 years of age the time of com
mission
of an offen
se.
A. Juven
ile delinquen
ts
B. You
thful offenders
C. Delinquen
t minors
D. Delinquen
t children
37. It is know
n as the violence against wom
en and Their Children Act.
A. RA 8553
B. RA. 7659
C. RA. 9262
D. RA. 7610
38. These are the elem
ents of the crim
e of qualified
bribery, except:
A. The offender is en
trusted
with law enforcem
ent
B. The offender is liable to direct and indirect bribery.
C. Con
sideration
of any premise, gift or present
D. The offender refrains from
arresting officers
39. This is an act amen
ding the provision of PD 1866, otherwise know
n as illegal possession of firearm
s, ammunition
and explosive laws.
A. RA 8294
B. RA 7438
C. RGO N
o. 6
D. RA 8353
40. It prescribes stiffer pen
alties in illegal gambling and for other purposes.
A. PD 1866
B. PD 1185
C. PD 1602
D. PD 1508
41. This is otherwise know
n as the anti-graft and corrupt practices act.
A. RA 3019
B. PD 77
C. RA 3047
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D. BP 195
42. This an act prescribing, en
umerating and defining and pen
alizing heinou
s crim
es.
A. RA 7659
B. RA 9165
C. RA 8711
D. RA 9269
43. It is otherwise know
n as the anti-subversion
act.
A. RA 1700
B. PD 1185
C. Act 3815
D. RA 7659
44. Arraignmen
t consists of the follow
ing, EXCEPT:
A. Opportunity for the accused to know
the charge
B. Reading of complaint or inform
ation
C. Asking the accused whether guilty or not guilty
D. Furnishing of a cop
y of complaint or inform
ation
45. For the secondary eviden
ce to be admissible, the follow
ing requisites m
ust be proved
by satisfactory eviden
ce,
EXCEPT:
A. Execution
and existence or original
B. Loss and destruction of the original
C. Existed as to the proof of the fact in question
D. Unavailability of original is not due to bad faith
46. Act N
o. 3815 took effect on
-
A. January 1, 1930
B. January 1, 1932
C. January 2, 1932
D. January 2, 1930
47. The act or om
ission
of the offender is not m
aliciou
s, nor intention
al, it is m
erely the inciden
t or anothers act
perform
ed withou
t malice.
A. Intention
al felony
B. Ration
al felony
C. Culpable felon
y
D. Acquisitive felony
48. A hid a tim
e bom
b in the car of B. When
B drove the car going hom
e, it exploded
on the way. What crim
e did A
commit?
A. Com
plex crime
B. Single crime
C. Com
pou
nd crime
D. Plurality of crim
e 49. If a crime has an imposable pen
alty of less than six years, it is within the jurisdiction
of-
A. RTC
B. MTC
C. CSC
D. SC
50. Object which is presented for exhibition in a cou
rt proceed
ing.
A. Real eviden
ce
B. Material eviden
ce
C. Documen
tary eviden
ce
D. Prima facie eviden
ce
51. Mr. X
is charge of m
urder. As advised
by his cou
nsel, M
r. X
pleaded
guilty so that he could not be meted
a
pen
alty of death, as murder is punishable by dea
th. What wou
ld be the appropriate pen
alty of Mr. X?
A. Prison correctional
B. Arresto m
enor
C. Reclusion
tem
poral
D. Reclusion
perpetua
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52. SPO3 Matt Takutin saw Mando Rukot picking the pocket of Mr. Y. SPO3 Takutin arrested Mando who
dem
anded
whether the policem
an has warrant of arrest. S
PO3 T
akutin said non
e, so Mando dem
anded
that he
shou
ld be released. SPO3 Takutin refused. What is the authority of the policem
an?
A. It is valid warrantless arrest
B. It is valid because he is a cop
C. It is abuse of pow
er or authority
D. It is not valid because M
agno was not caught in the act.
53. The affectivity of Rep
ublic Act no. 3815 was-
A. January 2, 1991
B. January 3, 1945
C. January 1, 1932
D. Non
e of the above
54. Matt Tipuno who attacked
a child killing him
can be charged
of murder instead of hom
icide because the killing
was qualified
by-
A. Superior strength
B. Taking advantage
C. Disregard of age
D. Treachery
55. SPO1 Joe saw a person seriously w
ounded
lying on the ground w
ithin the vicinity of his bea
t. Since the person is
still alive, he got his pen
cil and a sheet of paper and asked
som
e question
s which the victim obliged
to answ
er
althou
gh show
s difficulty in answ
ering, which included
as to the name of the person w
ho caused the injury to him
. Con
sequen
tly, the victim died. What can classify his answ
er to the question
asked
by SPO1 Joe w
ritten
in a sheet of
paper?
A. Last will and testamen
t
B. Dying declaration
C. Last farewell
D. Part of res gestae
56. Mina K
inilya filed
a case against M
anny O
bra of acts of lasciviousn
ess. M
ina alleged
that sh
e was standing by
the plaza w
hen
Manny accosted her from beh
ind and w
ithou
t much ado em
braced her, mash
ed her private part and
fingered
her. While the case is pen
ding, Manny cou
rted
mina and they w
ere married after M
anny w
as found guilty
of rape and m
eted
a pen
alty of reclusion
perpetua. What is the effect of marriage if any-
A. It extinguished
criminal liability
B. It erased the pen
alty of reclusion
perpetua
C. It show
ed that Mina w
ant Manny to do again
D. It nullified the pen
alty of Manny
57. If there was error or irregularity in the course of trial, w
hich rem
edy is available to the accused that was found
guilty?
A. Appeal
B. Escape or evade sentence
C. Assassinate the judge
D. Motion for recon
sideration
58. Mario and P
etra w
ere dancing. Mario could n
ot con
trol h
imself that he tightly embraced P
etra and began
mash
ing the back of Petra. What crim
e if any com
mitted by M
ario?
A. Acts of lasciviousn
ess
B. No crim
e as they were dancing
C. Unjust vexation
D. Non
e as mash
ing while dancing is allow
ed
59. Ignorantia legis, nem
enem
exusat, latin words which m
eans
A. There is now
law when
there is no crim
e
B. Ignorance of the law excuses no on
e
C. Ignorance of the crim
e excuses the accused
D. There is no crim
e when
there is no law punishing it
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60. The declaration
of a person cannot affect another is true under what principle in eviden
ce?
A. Actus in unos, actus in omnibus
B. Res nullus crim
en
C. Res inter alios acta
D. Res factum orum
61. Which amon
g the follow
ing is not a sou
rce of Philippine crim
inal law?
A. Act N
o. 3815 and its amen
dmen
ts
B. Special pen
al laws passed
by the Phil. Com
mission
, Phil. Legislature, Nation
al Assem
bly, Con
gress of the
Philippines.
C. Pen
al Presiden
tial Decrees issued
during M
artial Law
D. Non
e of the above
62. Jem
ma who induced Eric a frien
d to kill her husbands m
istress is criminally liable as:
A. Principal
B. Accessory
C. Accom
plice
D. Non
e of the above
63. It refers to inaction, by which a person may be
considered
crim
inally liable when
the
law requires the
perform
ance of a certain act, e.g. failure to assist on
es ow
n victim.
A. Act
B. Intent
C. Fraud
D. Omission
64. Gen
erally they are punishable only w
hen
they have been con
summated, with the exem
ption
of those crim
es
committed against persons or property.
A. Light felonies
B. Less grave felonies
C. Grave felonies
D. All of the above
65. X and Y stabbed
Z, injuring Z in the process; X and Y are con
sidered
as;
A. Principal by direct participation
B. Principal by induction
C. Principal by in indispen
sable cooperation
D. Co-principal
66. Libel and other sim
ilar offenses sh
all prescribe in how
many years?
A. 15 years
B. 10 years
C. 5 years
D. 1 year
67. Under RA 7659, the death pen
alty m
ay be su
spen
ded
when
the accused is amon
g the foregoing: except:
A. A wom
an, while pregnant
B. Person over 70 years old
C. Wom
an w
ithin one year after delivery
D. Persons over 18 but under 21 years of age
68. Who amon
g the follow
ing are not exem
pted from criminal liability?
A. Children under 9 years of age
B. Insane persons
C. Children over 9 under 15 years of age acting with discernmen
t
D. Im
becile persons
69. Which amon
g following is not amon
g the requisites of eviden
t premed
itation
?
A. Sufficient lapse of crim
e
B. Tim
e when
the offender decided
to commit the felony
C. Act indicating the has clung to his determination
D. Deliberate intent
70. Refers to alevosia, or m
eans and m
ethod
s em
ployed
to insu
re its execution
.
A. Craft
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B. Deceit
C. Intent
D. Treachery
71. Den
nis w
ent ou
t hunting w
ith som
e friends, w
hile hunting at night he sh
ot dead his com
panion M
ike in the
belief that he was a boar. W
hat is his criminal liability?
A. Hom
icide through reckless impruden
ce
B. Hom
icide through negligen
ce
C. Hom
icide
D. Murder
72. While conducting their nightly patrol, a P
NP m
ember arrested 6 persons involved
in a brawl, A
rt. 125 w
ould
prescribe that they shou
ld deliver those detained
within how
many hou
rs to proper judicial authorities?
A. 12 hou
rs
B. 24 hou
rs
C. 36 hou
rs
D. 48 hou
rs
73. Piling, in the effort of trying to convince her co-em
ployees to sell her t-shirts told them
that if they w
ould not sell
the goods, they will be su
spen
ded
from work, sh
e is liable for:
A. Grave threat
B. Light threat
C. Grave coercion
D. Light coercion
74. Jules aim
ed his pistol at his w
ife Alexandra w
ith the intention
to sh
oot her, he then
pulled
the trigger but it
jammed
and no bullet was fired, he is liable for what offense?
A. Attem
pted parricide
B. Fru
strated parricide
C. Attem
pted m
urder
D. Attem
pted hom
icide
75. PO2 Candelaria asked
for assistance w
hile being m
obbed
for arresting a pop
ular crim
inal, three persons assisted
him
but they were injured in the process, what crim
e was committed against the three persons?
A. Direct assault
B. Indirect assault
C. Physical injuries
D. Non
e of the foregoing
76. Andy punched
Max on the eye which produced a con
tusion
, what crim
e was committed?
A. Slight physical injury
B. Less seriou
s physical injury
C. Serious physical injury
D. Maltreatm
ent
77. A person arrested for the commission
of an offen
se punishable by afflictive pen
alty. He must be delivered
to the
proper judicial authority w
ithin how
many hou
rs?
A. 12
B. 18
C. 36
D. 48
78. Im
plies anything which includes offen
sive or antagon
istic movem
ent or action of any kind.
A. Overt acts
B. Employ force
C. Attack
D. Stealth
79. Anne killed her brother Jojo by m
eans of poison, sh
e is liable for:
A. Parricide
B. Murder
C. Hom
icide
D. Non
e of the foregoing
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80. Jun w
ho got into a dispute w
ith Jeff, assaulted
the latter for the purpose of delivering his victim to the jailer is
guilty of what crim
e?
A. Illegal deten
tion
B. Illegal deten
tion
C. Unlawful arrest
D. Physical injuries
Akon
g, a cook in a local restaurant alw
ays fearing of bad elemen
ts is a very cautiou
s man. One night before going to
bed
, he locked
him
self in his room placing a chair against the door. Later; he was awaken
ed by som
eone trying to
open
the door. H
e called
out tw
ice, who is there? but received
no reply. Fearing that the intruder w
as a robber, he
leaped
from his bed
and shou
ted, if you
enter the room
I w
ill kill you
! At that mom
ent, he was struck by the chair
that have been placed against the door, and in the belief that he was being attacked
, he seized
a kitchen
knife and
struck and fatally wou
nded
the intruder who turned
out to be his roommate, Alex.
81. Assuming that Akon
g is liable under the follow
ing circumstances, what crim
e has he committed?
A. Fru
strated m
urder
B. Fru
strated hom
icide
C. Serious physical injuries
D. Attem
pted
82. Which of the follow
ing eviden
ce is least m
aterial to the case?
A. Chair
B. Bed
C. Knife
D. The warning
83. Which amon
g the follow
ing specific circumstances may be invok
ed by Akon
g?
A. Treachery
B. Mistake of fact
C. Acciden
t
D. Mistake of iden
tity
84. For offen
se punishable by prision
mayor or higher, a provisional dismissal sh
all becom
e permanen
t
after the issu
ance of order withou
t the case having been revived
.
A. Six m
onths
B. One year
C. Two years
D. Three years
85. The follow
ing except on
e, are valid ven
ues, where on
e may petition for suspen
sion
of crim
inal action by reason of
appen
ding prejudicial question
in a civil proceed
ing:
A. Office of the prosecutor
B. The court where the crim
inal case is pen
ding
C. The court where the civil case is pen
ding
D. The court con
ducting preliminary investigation
86. Where a preliminary investigation
has been u
ndertaken
, warrant of arrest is not necessary in the follow
ing
circumstance. Except:
A. When
the pen
alty for the offense is a fine
B. When
there is probable cause
C. When
warrant of arrest has already been issued
D. When
the inform
ation
or complaint has been filed
under section
7, rule 112
87. In cases punishable by destierro, how
many days of preven
tive deten
tion
is prescribed
for by law?
A. 5 days
B. 15 days
C. 30 days
D. 60 days
88. In the Philippines, the system
of crim
inal procedure is:
A. Fixed
B. Mixed
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C. Inquisitorial
D. Accusatorial
89. Validity of the warrant of arrest expires:
A. After 10 days
B. After 30 days
C. After 365 days
D. No fixed
duration
90. Gen
erally, after a plea of not guilty is en
tered, how
many days is given
by law for the accused to prepare for his
trial.
A. 2 days
B. 3 days
C. 4 days
D. 5 days
91. After raping Josefa, Jose wen
t on
to marry the form
er, how
ever a sudden
turn of even
ts urged
Josefa to file a
crim
inal case of rape against her husband, what eviden
ce wou
ld be most vital to aid Jose in his defen
se?
A. Marriage settlemen
t
B. His testimon
y
C. Testimon
y of the witnesses
D. Marriage contract between them
92. It forbids the addition or contradiction
in terms of a w
ritten
instrumen
t by testimon
y purporting to sh
ow that
other or different term
s were orally agreed
upon
by the parties.
A. Best eviden
ce rule
B. Parole eviden
ce rule
C. Hearsay rule
D. Res Gestae rule
93. That degree of proof w
hich produces in the mind of an u
nprejudiced
person, that moral certainly or moral
conviction
that the accused did com
mit the offense charged
.
A. Ultim
ate fact
B. Proof beyon
d reasonable dou
bt
C. Prepon
derance of eviden
ce
D. Substantial eviden
ce
94. Any eviden
ce w
hether oral or documen
tary w
herein the probative value is not based on personal know
ledge of
the witness but that from
another.
A. Testimon
ial eviden
ce
B. Dying declaration
C. Res gestae
D. Hearsay
95. Logical necessity w
hich rests upon
a party at any a particular time during the trial to create prima facie case in
his own favor or to overthrow one created against him
.
A. Res gestae
B. Burden
of proof
C. Burden
of Eviden
ce
D. Estop
pel
96. An eviden
ce delivered in open
cou
rt w
herein the witness states that he does not know
whether a fact did or did
not occur.
A. Positive
B. Negative
C. Direct
D. Circumstantial
97. 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. Con
fusing
D. Hearsay
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98. Given
by a person of specialized know
ledge in som
e particular field.
A. Primary
B. Best
C. Secon
dary
D. Expert
99. When
a witness affirms that a fact did or did not occur, such testimon
y is said to be:
A. Relevant eviden
ce
B. Material eviden
ce
C. Positive eviden
ce
D. Negative eviden
ce
100. Which amon
g the follow
ing m
ay not be a m
eans to impeach a judicial record?
A. Want of jurisdiction
in the court or judicial officer
B. Collusion
between the parties
C. Fraud in the party offering the record
D. Alteration
s
PA
RT
III. C
RIM
INA
L LA
W &
JU
RIS
PR
UD
EN
CE
1.
What law gave birth to the Revised
Pen
al Cod
e and w
hen
did it took
effect?
a. RA 3815 Jan 1, 1923
c. RA 3185 Jan 1, 1932
b. RA 3815 Jan 1, 1932
d. RA 3518 Jan 1, 1932
2. W
hich of the follow
ing is not a sou
rce of Phil. Pen
al Laws?
a. Rev. Pen
al Cod
e
c. Pen
al Pres. Decrees
b. Special Pen
al Laws
d. Legislative Decrees
3. Philippine Pen
al Law is applicable within the Phil. territory to include:
a. its athmosphere
c. m
aritime zone
b. interior waters
d. all of them
4.
The principle that sovereign and head of states are exem
pted from criminal h a relation
to the liability is
covered
by this law.
a. Law of Foreign Affairs
c Law in Prefered H
ead of States
b. Law of preferential trea
tmen
t
d. Law of Preferential Application
5.
Mem
ber of the Royal Family of England are called
.
a. Sovereign
c. H
ead of States
b. Royalties
d. Duke and Duchess of York
6.
Obligation
and Securities issued
by the Philippine Governmen
t refers to:
a. mon
ey bills
c. Governmen
t Bon
ds
b. coins
d. Letter of Credit
7.
Difraction of laws, the commission
of which carrries the pen
alty of Arrest to M
ena.
a. Delito/ felon
y
c. less grave felony
b. grave felony
d. light felony
8.
Characteristics of crim
inal law wherein pen
al law undertakes to punish all crimes com
mitted within the
Philippine territory
a. Territoriality
c. Prospectivity
b. Ext
