 PREVIOUS BOARD QUESTIONS FOR CRIMINOLOGIST

 SUBJECT:
 CRIMINAL JURISPRUDENCE
 AND
 PROCEDURE
1. It refers to a territorial unit where the power of the court is to be exercised.
a. Jurisdiction
b. Trial courts
c. Venue
d. Territory
Ans. C
2. The following are the requisites for the issuance of a search warrant EXCEPT :
a. It must be issued upon probable cause
b. The probable cause must be determined personally by the judge
c. Particularly describing the place to be searched
d. Particularly describing the person to be seized.
Ans. D
3. Maybe defined as the security given for the release of a person in custody of law, furnished by him or a bondsman, to
guarantee his appearance before any court as required under the conditions herein specified.
a. Pardon
b. Bail
c. Probation
d. Parole
Ans. B
4. A detained prisoner is allowed to eat and drink in a nearby restaurant on several occasions. He is however well -
guarded at all times. The warden allowed him to go out of his cell without any consideration whatsoever. The warden
may be charged with-
a. Negligence of duty
b. Dereliction of duty
c. Leniency or laxity
d. Infidelity
Ans. B
5. What crime is committed when A, driving a truck, ran over a girl crossing the street during a torrential rain and the girl
died?
a. Homicide
b. Serious physical injuries
c. Murder
d. Reckless imprudence resulting to homicide
Ans. D
6. It is defined as an accusation in writing charging a person with an offense subscribed by the fiscal and filed with the
court.
a. Information
b. b. Complaint
c. Action
d. Police blotter
Ans. A
7. The offender who is still undergoing preliminary investigation at the prosecutor’s office is referred to as –
a. Respondent
b. Suspect
c. Accused
d. Defendant
Ans. A
8. Refers to 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 is in the place searched is –
a. Probable cause
b. Search warrant
c. Plain view doctrine
d. Arrest warrant
Ans. A
9. What doctrine allows evidence obtained by the police officers in an illegal searched and seizures to be used against
the accused?
a. Exclusionary doctrine
b. Miranda ruling
c. Fruit of poisonous tree
d. Silver plate
Ans. C
10. Who are criminally liable, when having knowledge of the commission of the crime, without having principally
participated therein, takes part subsequent to the commission, either in profiting by the effects of the crime or by
concealing or destroying the body of the crime?
a. Witnesses
b. Accessories
c. Principals
d. Accomplices
Ans. B
11. Can a husband testify against the wife in an adultery case?
a. Yes, the privilege of marital communication rule is already abolished
b. Yes, under the law she is a competent witness
c. Yes, because crime charge is one committed by wife against he husband
d. No
Ans. D
12. This requirement imports the degree of proof necessary to convict an accused of the crime of treason consisting of
the testimony of two witnesses to the same over act.
a. Dangerous tendency rule
b. All of the foregoing
c. Two witness rule
d. None of the foregoing
Ans. C
13. The following statements are false, EXCEPT.
a. The accused may enter his plea by counsel
b. The accused must personally enter his plea
c. The accused may excuse/waive arraignment
d. The accused may be arraigned in a court other than where the case is assigned.
Ans. B
14. The law that prescribes certain rights of a person arrested, detained or under custodial investigation and the
guidelines, procedure and responsibilities of the arresting, detaining and investigating officer is
a. B.P. 129, as amended
b. R.A 7691
c. R.A. 8294
d. R.A. 7438
Ans. D
15. What do you call the record of the court where the proceedings of the court or the judgment of the court is
recorded in case the accused failed to appear for the promulgation of judgment despite notice –
a. Log book
b. Record book
c. Criminal docket book
d. Folio of the case.
Ans. C
16. Requisite before recall of a witness.
a. Leading Question
b. Misleading Question
c. Impeachment
d. Leave of Court
Ans. D
17. When a person is lawfully arrested without a warrant of arrest involving an offense, which requires a preliminary
investigation, the complaint or information may be filed without need of such investigation, provided an _______ has
been conducted in accordance with existing law or procedure –
a. Preliminary investigation
b. Preliminary examination
c. Inquest
d. Fact finding investigation.
Ans. C
18. It refers to the performance of an act that ought not to be done
a. Nonfeasance
b. Misfeasance
c. Malfeasance
d. Unfeasance
Ans. C
19. It is a crime committed when a married woman is taken away against her will with lewd design.
a. Forcible abduction
b. Consented abduction
c. Forcible seduction
d. Qualified seduction
Ans. A
20. The person, who is authorized by law to grant probation to an accused convicted of a crime, is:
a. President of the Philippines
b. Director of Prisons
c. Trial Court Judge
d. Jail Warden
Ans. C
21. Rule which requires the highest grade of evidence obtainable to prove a disputed fact is the original of a document.
a. Parole Evidence Rule
b. Best Evidence Rule
c. Original of a document
d. Secondary Evidence
Ans. B
22. Parties or assignors of parties to a case, or persons in whose behalf a case is prosecuted, against an executor or
administrator or other representative of a deceased person, or against a person of unsound mind, upon a claim or
demand against the estate of such deceased person or against such person of unsound mind, cannot testify as to any
matter of fact accruing before the death of such deceased person or before such person became of unsound mind.
a. Marital Disqualification
b. Privilege Communication Rule
c. Parental and filial privilege
d. Dead Man’s Statute Rule
Ans. D
23. It is the felony committed when a person takes away a minor, over 12 but under 18 years of age, with her consent,
after solicitation or cajolery from the offender, committed with lewd design.
a. Forcible abduction
b. Consented abduction
c. Forcible seduction
d. Qualified seduction
Ans. B
24. The following are crimes against chastity, EXCEPT
a. Adultery
b. Concubinage
c. Rape
d. Seduction
Ans. C
25. The offender performs all acts of execution, that would produce the felony as a consequence, but the felony was not
produced, by reason of causes independent of the will of the perpetrator are the requisites of:
a. Attempted felony
b. Frustrated felony
c. Consummated felony
d. Impossible crime
Ans. B
26. It is the rule followed by the Philippines whenever a crime is committed inside a Philippine ship or airship while in a
foreign territory.
a. French Rule
b. Spanish Rule
c. English Rule
d. General Rule
Ans. C
27. It is a characteristic of criminal laws that requires that they be applied to all persons who live or sojourn in the
Philippine territory.
a. Generality
b. Territoriality
c. Territorially
d. Generally
Ans. A
28. It is a law that partially or totally modifies or changes an existing law.
a. Repealed law
b. Repealing law
c. Repelled law
c. Repelling law
Ans. B
29. The following felonies do not admit of a frustrated stage, except:
a. Rape
b. Physical injuries
c. Adultery
d. Theft
Ans. D
30. It is a legislative enactment that inflicts punishment for a crime without judicial trial.
a. Ex post facto law
b. Bill of attainder
c. Enrolled bill
d. Expose facto law
Ans. B
31. Stage in the commission of a felony when all the elements necessary for its accomplishment and execution are
present.
a. Attempted
b. Frustrated
c. Consummated
d. Enumerated
Ans. C
32. It is incurred by a person committing a felony although the wrongful act done be different from what he intended to
do.
a. Felonious act
b. Offense
c. Criminal liability
c. Civil liability
Ans. C
33. The condition sine-quanon or indispensable element in self defense.
a. Provocation
b. b. Unlawful aggression
c. Reasonable necessity
d. Irresistible force
Ans. B
34. Is an agreement made between two or more parties as a settlement of matters in dispute ?
a. Conspiracy
b. Settlement
c. Res Inter Alios Acta Rule
d. Compromise
Ans. D
35. It maybe defined as the forfeiture of the right of the government to execute the final sentence after the lapse of a
certain time fixed by law.
a. Impossible crime
b. b. Prescription of penalty
c. Prescription of crime
d. None of the above
Ans. B
36. X threatened to kill Y if the latter will not give him one thousand pesos. What crime has been committed by X?
a. Attempted murder
b. Kidnapping for ransom
c. Grave threats
d. Grave coercion
Ans. C
37. At the hearing of an application for admission to bail, the __________ has the burden of showing that the evidence
of guilt is strong.
a. Prosecution
b. Defense
c. Court
d. Bailiff
Ans. A
38. One which is any act committed without violence but unjustly annoys an innocent person. As it is a punishable act, it
should include any human conduct which, although not productive of some physical of material harm would however,
unjust or annoy an innocent person.
a. Grave coercion
b. Unjust vexation
c. Forcible abduction
d. Maltreatment
Ans. B
39. M forcibly entered G’s house one night. G was awakened and M immediately left the place. M’s crime is?
a. Attempted robbery
b. Frustrated robbery
c. Robbery with trespass to dwelling
d. Trespass to dwelling
Ans. D
40. How may, an ordinary citizen gives his opinion regarding the handwriting of a person?
a. When he has testify only as to the mental and emotional state of the one who authored the handwriting
b. When it is the handwriting of one whom he has sufficient familiarity
c. When he is a questioned document examiner
d. None of the above
Ans. B
41. The Judiciary Reorganization Act is otherwise known as –
a. PD 1612
b. BP 186
c. RA 7695
d. BP 129
Ans. D
42. At what time may the accused move to quash the complaint or information?
a. At any time before his arrest
b. Only after entering his plea
c. At any time before entering his plea
d. All of the foregoing
Ans. C
43. A person designated to assist destitute litigants.
a. Counsel
b. Attorney at law
c. Attorney on record
d. Counsel de officio
Ans. D
44. Which of the following is an example of an afflictive penalty ?
a. Prision mayor
b. Arresto mayor
c. Prision correctional
d. fine
Ans. A
45. Under this theory, man is considered as an essentially moral creature with an absolute freewill to choose between
good and evil, therefore, he should be judged or held accountable for his wrongful acts for as his will is unimpaired.
a. Justice or Classical theory
b. Positivist or Realistic theory
c. Territoriality
d. None of the foregoing
Ans. A
46. Kho is known for his obscene materials. One of his writings entitled “Hayden” was stolen from his office and was
published by someone. The authorities got hold of the obscene magazine. Kho is –
a. Not liable at all
b. Liable for pornography
c. Liable of obscene publication (as a co-publisher)
d. Liable of obscene publication (as author)
Ans. A
47. It is granted in connection with crimes against property, and is limited to prejudice that the injured party suffered.
a. Prejudicial question
b. Reparation
c. Probation
d. None of the foregoing
Ans. B
48. A judgment become final after the lapse of the period for-
a. Presentation of evidence by the prosecution
b. Presentation of evidence by the defense counsel
c. Perfecting an appeal
d. All of the foregoing
Ans. C
49. Any lawyer or members of the bar shall, at the request of the person arrested or of another acting in his behalf, have
the right to visit and confer privately with such person, in jail or any other place of custody at –
a. Any hour of the working day only
b. Any hour of the day or, in urgent cases, of the night
c. Any hour of Saturdays and Sundays
d. Any hour of the designated visiting day only
Ans. B
50. It is defined as the deprivation by a public officer to the liberty of a person without any legal ground, if the offender
is a private person illegal detention is committed.
a. Illegal detention
b. Violation of domicile
c. Arbitrary detention
d. Any of the foregoing
Ans. C
 51. The complaint or information should state the following EXCEPT –
 a. Name of the offended party
 b. The designation of the offense by the state
 c. Name of the accused
 d. Name of the court
Ans. D
 52. All persons, having organs of sense, can perceive and perceiving, and can make their perception to others,
may be-
 a. Witness
 b. Prosecutor
 c. Defense counsel
 d. All of the foregoing
Ans. A
 53. It is a doctrine usually applied where the police officers is not searching for evidence against the accused but
nonetheless inadvertently come across incriminating objects.
 a. Waiver or consented search
 b. Stop and frisk
 c. In flagrante delicto
 d. Plain view
Ans. D
 54. The following are the requisites of an information except-
 a. It must be filed by the offended party
 b. It must charge the person with an offense
 c. It must be subscribed by the prosecutor
 d. It must be in writing
Ans. A
 55. If the accused appears to be suffering from an unsound mental condition, which effectively renders him
unable to fully understand the charge against him to plead intelligently.
 a. The criminal charged must shall be dismissed
 b. The arraignment shall be suspended
 c. The trial shall be suspended
 d. All of the foregoing
Ans. B
 56. It is a form of evidences supplied by written instruments or derived from conventional symbols, su ch as
letters, by which ideas are represented on material substances.
 a. Real evidence
 b. Documentary evidence
  c. Testimonial evidence
 d. Material evidence
Ans. B
 57. In determining the probable cause, it is required that-
 a. The judge must examine the complaint and his witnesses personally
 b. The examination must be under oath
 c. The examination must be in writing in the form of searching questions and answers
 d. All of the foregoing
Ans. D
 58. Are those acts and omissions committed not only by means of deceit but also by means of fault and are
punishable by law.
 a. Justifying circumstances
 b. Exempting circumstances
 c. Felonies
 d. Criminal liability
Ans. C
 59. What crime exists when a single act constitutes two or more grave or less grave felonies or when the offense
is necessary means for committing the other?
 a. Complex crime
 b. Continuing crime
 c. Compound crime
 d. All of the above
Ans. A
 60. Alpha with intent to kill fired his revolver to Bravo and inflicted a fatal wound. Alpha brought Bravo to the
hospital and due to immediate medical assistance, Bravo survived. What crime did Alpha committed?
 a. Physical injuries
 b. Frustrated homicide
 c. Frustrated murder
 d. No criminal liability
Ans. B
 61. In what instances is a warrant of arrest is not necessary?
 a. If the accused is already under detention
 b. If the complaint or information was filed after the accused was lawfully arrested without warrant
 c. When the penalty is fine only
 d. All of the Foregoing.
Ans. D
 62. What is defined as the means sanctioned by the rules of ascertaining the judicial proceeding the truth
respecting a matter of fact.
 a. Evidence
 b. Investigation
 c. Procedure
 d. Trial
Ans. A
 63. During the pending of his case, D died due to heart attack. His untimely death resulted in-
 a. Postponement of the case
 b. Suspension of the case
 c. Dismissal of the case
 d. None of the above
Ans. C
 64. What if the offended party is a corporation, how do you indicate it in the complaint or information?
 a. Leave it blank
 b. State the name of the corporation
 c. Aver it in the charge sheet
  d. State the name of the owner of the corporation
Ans. B
 65. Refers to the family history or descendant transmitted from one generation to another.
 a. Pedigree
 b. Reputation
 c. Privies
 d. None of the above
Ans. A
 66. It is the loss or forfeiture of the right of the state to prosecute a crime because of the lapse of time.
 a. Prescription of penalty
 b. Prescription of Crime
 c. Conditional pardon
 d. Good conduct allowance
Ans. B
 67. It is defined as those which would have been crimes against persons or properties were if not for the
inherent impossibility of its accomplishment on account of the use of inadequate or ineffectual means.
 a. Proximate cause
 b. Impossible crimes
 c. Formal crimes
 d. Material crimes
Ans. B
 68. The number of days the accused has to prepare for trial after a plea of not guilty is entered.
 a. Within 30 days
 b. Within 45 days
 c. Within 15 days
 d. All of the above
Ans. C
 69. Criminal cases where the penalty prescribed by law for the offense charged does not exceed six months fall
under the rule on-
 a. Regular procedure
 b. Summary procedure
 c. Criminal procedure
 d. Civil procedure
Ans. B
 70. Aggravating circumstances which generally apply to all crimes such as dwelling, nighttime, or recidivism.
 a. Specific
 b. Inherent
 c. Generic
 d. None of these
Ans. C
 71. This involves the trickery and cunning on the part of the offender.
 a. Craft
 b. Fraud
 c. Deceit
 d. Estafa
Ans. A
 72. Delivered in open court wherein the witness states that he does not know whether a fact did or did nor
occur.
 a. Positive evidence
 b. Negative evidence
 c. Real evidence
 d. Object evidence
Ans. B
  73. What is the legal term for Nighttime?
 a. Sanctuary
 b. Solitude
 c. Nocturnity
 d. Alevosia
Ans. C
 74. What is the order of reverse trial?
 a. Prosecution-Defense-Rebuttal-Submission for decision
 b. Rebuttal-Defense-Prosecution-Submission for decision
 c. Defense-Prosecution-Rebuttal-Submission for decision
 d. Submission for decision-Rebuttal-Prosecution-Defense
Ans. C
 75. Ancient document is a private document which is more than _______ years old, produced from a custody in
which it would be naturally found it as genuine.
 a. 25
 b. 30
 c. 35
 d. 40
Ans. B
 76. These are crimes which are consummated in one single act.
 a. Material crimes
 b. Formal crimes
 c. Index crimes
 d. non-index crimes
Ans. B
 77. These are additional evidence of different character tending to prove the same point.
 a. Corroborative evidence
 b. Cumulative evidence
 c. Testimonial evidence
 d. Documentary evidence
Ans. A
 78. It is a portion of the execution of a crime, starting from the point where the offender begins to the point
where he has still control over his acts.
 a. Objective phase
 b. Subjective phase
 c. Negative phase
 d. Positive phase
Ans. B
 79. After the cross examination of the witness, what is the next procedure?
 a. Direct examination
 b. Re-direct examination
 c. Cross examination
 d. Re-cross examination
Ans. B
 80. The following are exempt from the operation of our criminal laws, except:
 a. Ambassadors
 b. Consul general
 c. Minister plenipotentiary
 d. Minister resident
Ans. B
 81. A crime punishable by arresto mayor prescribes in:
 a. 20 years
 b. 15 years
  c. 10 years
 d. 5 years
Ans. D
 82. If the accused is lawfully arrested without a warrant of arrest for a grave offense, he can only be detained
within this period, otherwise he will be released .
 a. 36 hrs.
 b. 18 hrs.
 c. 12 hrs.
 d. 72 hrs.
Ans. A
 83. Offenses involving criminal negligence where the penalty of fines does not exceed a fine of P10,000.00 is
within the coverage of this rule.
 a. Regular procedure
 b. Ordinary procedure
 c. Summary procedure
 d. Any of this
Ans. C
 84. It is not necessary to state in the complaint or information the precise time at which the offense was
committed. However, in one of the following crimes time of the commission is an essential element, and
therefore, must be alleged in the complaint or information.
 a. Parricide
 b. Infanticide
 c. Abortion
 d. Malicious mischief
Ans. B
 85. The personal evaluation of the judge after the filing of a case in court for the purpose of determining the
existence of a probable cause for the issuance of a warrant of arrest.
 a. Preliminary investigation
 b. Preliminary examination
 c. Criminal investigation
 d. Inquest
Ans. B
 86. The pre-marking of evidence of the parties for identification purposes are suppose to be made during this
stage of the proceedings –
 a. Arraignment
 b. Trial proper
 c. Pre-trial conference
 d. Direct examination
Ans. C
 87. An extra-judicial confession made by an accused shall not be sufficient and admissible unless it is in:
 a. Writing
 b. Voluntarily given
 c. Presence of his counsel
 d. All of these
Ans. D
 88. The penalty of reclusion temporal prescribes in:
 a. 20 years
 b. 15 years
 c. 10 years
 d. 5 years
Ans. C
 89. It refers to the final determination by a Court of competent jurisdiction of the issues submitted to in a case
such that after it is issued, the case ends if the losing party does not appeal.
  a. Interlocutory order
 b. Summons
 c. Subpoena
 d. Judgment
Ans. D
 90. It is also known as “crime of the giver” when a private person gives money to a public officer so that he will
do something favorable to the giver
 a. Direct bribery
 b. Indirect bribery
 c. Corruption of a public official
 d. Accused is pregnant
Ans. C
 91. It is the crime committed when a public officer uses public funds for his own personal benefit or for the
benefit of another person.
 a. Illegal use of public funds
 b. Malversation of public funds
 c. Plunder
 d. None of the above
Ans. B
 92. Criminal actions requires preliminary investigation by the proper officers where the prescribed penalty at
least
 a. 6 months and 2 days
 b. 4 yrs. 2 mos. And 1 day
 c. 6 yrs. 2 mos. And 1 day
 d. 4 yrs. And 1 day
Ans. B
 93. The kind of evidence addressed to the senses of the court, which is also known as the evidence of the
highest probative value
 a. Oral testimony
 b. Object evidence
 c. Documentary evidence
 d. Testimonial evidence
Ans. B
 94. The Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders.
 a. PD 968
 b. PD 1612
 c. PD 603
 d. PD 1829
Ans. D
 95. Refers to the taking of several properties about the same place and time arising from a single intent gives
rise to only one crime.
 a. Delito Continuado
 b. Delito Complejo
 c. Delito Compuesto
 d. None of the above
Ans. A
 96. Subsidiary imprisonment is a personal liability to be suffered by the convict who has no property to meet the
fine but required to pay ________ each day.
 a. 7 Pesos
 b. 8. Pesos
 c. 9 Pesos
 d. 10 Pesos
Ans. B
  97. An application for a search warrant can be made in any court of the Philippines which has jurisdiction over
the subject matter
 a. Wholly true
 b. Partly true
 c. Wholly false
 d. Partly false
Ans. A
 98. Within what period the warrant of arrest be executed by the police officer
 a. 10 days from its date
 b. 10 days from its issuance
 c. 10 days from receipt
 d. 10 days application
Ans. C
 99. The constitutional right to consider “a speedy, impartial and public trail” is available to
 a. Both parties
 b. Accused
 c. Offended party
 d. None of these
Ans. A
 100. The period within which the police officer will make his report stating the action taken by him whether the
warrant of arrest was enforced or not is within
 a. 10 days from receipt
 b. 10 days date
 c. 10 days from its issuance
 d. 10 days after the lapse of the period to execute the warrant
Ans. D

Situation 1.
During custodial investigation at the Central Police District, Quezon City, “A” was informed of his
constitutional right, to remain silent and to have a competent and independent counsel. He decided to waive his right to
counsel and proceeded to make a statement admitting commission of robbery.
101. A’s statement is inadmissible in evidence against him because –
a. The right to remain silent cannot be waived
b. It was not made in the presence of the counsel
c. The waiver was not made in writing and in the presence of the counsel
d. It was not made in writing
Ans. A
102. Assuming that all conditions in the waiver were properly observed except the right to counsel which was waived
“A” could not afford the services of one, A’s statement will be –
a. Admissible, because A was informed of his to counsel but he could not afford to hire one
b. Inadmissible, because A must be provided with counsel free of charge
c. Admissible, because A did not insists of his right to counsel and he voluntary waived it
d. Admissible in evidence against him because all the conditions were present in the waiver
Ans. B

103. Assuming that the public prosecutor on the basis of the now written confession of A, who waived his right to
counsel because he could not afford one, filed the information against him and the judge after trial, convicted A on the
basis of his written confession. A would like to appeal his case to higher court. The appeal should be filed -
a. Within 30 days from the time A’s counsel de officio who was absent of the time of promulgation receive a written
copy of the judgment of conviction
b. Within 30 days from the date the case was submitted for resolution
c. Within 15 days from the promulgation of judgment
d. Within 15 days from the date of pre-trial conference
Ans. C
Situation 2.
Brad Pitt was a stay-in cook in Club John Hay. He was afraid of bad elements. One evening, before going
to bed, he locked himself in his room by placing a chair against the door. After having gone to bed, he was awakened by
someone trying to open the door. He called out “who’s there?” but he received no answer. Fearing that the intruder was
a robber, he leaped from bed and called out again, “if you enter the room I will kill you”. But at that precise moment he
was struck by the chair that had been placed against the door, and believing that he was being attacked, he seized a
kitchen knife and struck and seriously wounded the intruder who turned out to be his wife who was giving him a
surprise visit.
104. Assuming Brad Pitt is liable under the foregoing circumstances, what crime has he committed?
a. Frustrated murder
b. Frustrated parricide
c. Serious physical injuries
d. Frustrated homicide
Ans. C
105. Which of the following circumstances affecting criminal liability in general applicable in the above situation?
a. Nullifying circumstances
b. Aggravating circumstances
c. Mitigating circumstances
d. Exempting circumstances
Ans. D
106. Which of the following specific circumstances affecting criminal liability can be invoked properly by Brad Pitt?
a. Mistake of fact
b. Accident
c. Self-defense
d. Treachery
Ans. A
Situation 3.
Angel and Demon are neighbors. During a drinking spree, Angel punched Demon without any
provocation. Demon’s injury required medical attention for a period of seven days. Immediately there after, SPO1 Pus
Khol whose help was sought by Demon took the statement of Demon and did not know anymore what to do.
107. What crime was committed by Angel?
a. Slight Physical Injuries
b. Serious Physical Injuries
c. Less Serious Physical Injuries
d. Attempted Murder
Ans. A
108. Considering the nature of the offense committed by Angel, SPO1 Pus Khol
should –
a. File the case directly with the Court
b. Instruct Demon to file the matter first, before the Barangay
c. File the case before the prosecutor’s office
d. File the case himself before the Barangay Court
Ans. C
109. Assuming the result of the action of Angel was death, instead of mere physical injuries to Demon, SPO1 Pus Khol
should, in his investigation and report concentrate and stress on:
a. Whether the Barangay Court has no jurisdiction over the case
b. Whether or not Demon was also drunk
c. Whether or not there was really no intent to kill
d. Whether or not Angel was drunk at that time
Ans. C
110. Assuming that Angel was drunk at the time that he committed the offense, his drunkenness would be considered
as:
a. Exempting circumstance
b. Aggravating circumstances
 c. Mitigating circumstances
d. Alternative circumstances
Ans. D
111. Assuming that the action of Angel resulted to deformity (physical ugliness which is visible) on the part of Demon,
what crime is committed by Angel?
a. Slight Physical Injuries
b. Serious Physical Injuries
c. Less Serious Physical Injuries
d. Attempted Murder
Ans. B
112. Supposing the judge rendered an oral decision. It may be either be for conviction, acquittal, or dismissal. The oral
decision will never become final because –
a. It was not in writing
b. Not signed by the judge who render it
c. The judge can still change or modify it
d. All of the foregoing
Ans. D
Situation 4.
A with intent to kill B, shot the latter right in between his eyes who was then at that time lying in his
bed, not knowing that B is already dead due to heart attack and before A shot him.
113. What crime is committed by A?
a. Homicide
b. Physical Injuries
c. Impossible crime
d. No criminal liability
Ans. C
114. What would be the penalty of A if any?
a. Arresto Menor or a fine ranging from 200 to 500 pesos
b. Arresto Mayor
c. Prision Correctional
d. No penalty would be given
Ans. A