Você está na página 1de 51

CRIMINAL LAW (RPC BOOK 1)

1. Which among the following is not a source of Philippine Criminal Law?


a. Act No. 3815 and its amending
b. Special Penal Laws passed by the Phil. Commission, Phil. Legislature, National
Assembly, Batasang Pambansa, Phil. Assembly and the Congress of the Philippines
c. Penal Presidential Decrees issued during Martial Law
d. None of the above

2. They are bodies of usages, principles and rules of action which do not rest for their authority
upon any declarative will of the legislature. It is recognized in the United States and England
but not recognized under the Philippine Jurisdiction.
a. Penal Laws
b. Special Penal Laws
c. Common Laws
d. None of the foregoing

3. This deprives the accused of a crime some lawful protection to which he has become entitled

a. Common Laws
b. Special Laws
c. Ex post facto Law
d. Bill of attainder

4. The constitution expressly prohibits the passage of a bill of attainder primarily because;

a. It is a substitute, a legislative act for a judicial determination of guilt


b. It is unconstitutional
c. It is a violation of human rights
d. It encroaches upon the power of the Judiciary by the Congress

5. They are not considered as a source of criminal law due to the fact that they merely explain the
meaning of and apply the law as enacted by the legislature.

a. Revised Penal Code


b. Special Penal Laws
c. Court Decisions
d. Executive Orders

6. It cannot be recovered as a matter of right; and is discretionary upon the court to be part of the
civil liability when a crime was committed with one or more aggravating circumstances

a. Actual Damages
b. Nominal Damages
c. Moral Damages
d. Exemplary Damages

7. Civil indemnity for death caused by crime

a. 30, 000
b. 50, 000
c. 100, 000
d. 500, 000

8. When rape is committed and the victim was killed, the mandatory civil indemnification shall be

a. 30, 000
b. 50, 000
c. 100, 000
d. 500, 000
9. In case of physical injuries it would consist in the payment of hospital bills and doctor’s fee of
the offended party

a. Restitution
b. Reparation
c. Indemnification
d. Civil Liability

10. Which among the following may totally extinguish criminal liability

a. Absolute Pardon
b. Service of Sentence
c. Amnesty
d. All of the above

11. It consists in the successive execution by the same individual of different criminal acts upon
any of which no conviction has yet been made

a. Plurality of Crimes
b. Formal Crimes
c. Complex Crimes
d. None of the above

12. Jemma who induced Eric a friend to kill her husband’s mistress is criminally liable as
a. Principal
b. Accessory
c. Accomplice
d. None of the above

13. In crimes against chastity this would be always aggravating


a. Degree of Education
b. Mental Condition
c. Alcoholism
d. Relationship

14. Its basis is the greater perversity of the offender as manifested by personal circumstance of
the offender and also by the means used to secure the commission of the crime

a. That advantage be taken by the offender of his public position


b. That crime be committed in contempt of or with insult to the public authorities
c. That act be committed with abuse of confidence or obvious ungratefulness
d. All of the above

15. It means adequate to excite a person to commit a wrong and must accordingly be
proportionate to its gravity

a. Self Defense
b. Sufficient Provocation
c. Unlawful Aggression
d. Necessity to prevent a wrong

16. Under this, crimes are triable in that country unless they merely affect things within the vessel
or they refer to the internal management thereof.

a. French Rule
b. English Rule
c. Law of Preferential Application
d. Spanish Rule
17. It refers to inaction, by which a person may be considered criminally liable when the law
requires the performance of a certain act, e.g. failure to assist one’s own victim.
a. Act
b. Intent
c. Fraud
d. Omission

18. It indicates a deficiency of action.

a. Negligence
b. Imprudence
c. Lack of Skill
d. Lack of Foresight

19. It refers to deficiency of perception.

a. Negligence
b. Imprudence
c. Lack of Skill
d. Lack of Foresight

20. For an act to be considered to be done with Malice or dolo, which among the following must be
present?

a. Freedom
b. Intelligence
c. Intent
d. All of the foregoing

21. Refers to that cause which is natural is a continuous sequence, unbroken by any efficient
superseding ground, produces the injury and without which the result would not have occurred.

a. Proximate Cause
b. Intervening Cause
c. Overt Acts
d. Active Force

22. It is the portion of the acts constituting the felony, starting from the point where the offender
begins the commission of the crime to the point where he has control over his acts.

a. Objective Phase
b. Subjective Phase
c. Overt Acts
d. Attempted Felony

23. Generally they are punishable only when they are punishable only when they have been
consummated, with the exemption of those crimes committed against persons or property.
a. Light felonies
b. Less grave felonies
c. Grave felonies
d. All of the foregoing

24. Self Defense or one’s natural instinct to repel, protect and save his person or right from
impending peril or danger is an example of what circumstance which affects criminal liability?
a. Justifying
b. Exempting
c. Aggravating
d. Mitigating

25. A inflicted slight physical injuries to B without intention to inflict other injuries, B then attacked
A is an example of?
a. Self Defense
b. Intervening cause
c. Retaliation
d. Proximate

26. The basis of this circumstance affecting criminal liability is the complete absence of freedom of
action, intelligence, intent or negligence in the part of the accused.
a. Justifying
b. Exempting
c. Aggravating
d. Mitigating

27. Under our laws, what is the age of full responsibility?


a. 9 years and below of infancy
b. Between 9 and 15 years
c. 18 to 70 years of age (adolescence to maturity)
d. Over 9 and under 15 acting with discernment, 15 or over but less than 18;over 70 years
of age

28. Age of absolute irresponsibility


a. 9 years and below of infancy
b. Between 9 and 15 years
c. 18 to 70 years of age (adolescence to maturity)
d. Over 9 and under 15 acting with discernment, 15 or over but less than 18;over 70 years
of age

29. Which among the following may be considered as an alternative circumstance?


a. Relationship
b. Intoxication
c. Degree if instruction and education of the offender
d. All of the foregoing

30. X and Y stabbed Z, injuring the Z in the process, X and Y are considered as;
a. Principal by direct participation
b. Principal by induction
c. Principal by indispensable cooperation
d. Co-principals

31. Boy forcibly took Maria to a vacant lot and allowed his friends Lando and Tinoy to rape Maria,
Boy is liable
a. Principal by direct participation
b. Principal by induction
c. Principal by indispensable cooperation
d. Co-principals

32. It refers to those penalties expressly imposed by the court in the judgment of conviction.
a. Principal penalties
b. Accessory penalties
c. Subsidiary penalties
d. Fine

33. In the crime of theft, the culprit is duty-bound to return the stolen property.
a. Restitution
b. Reparation
c. Indemnification
d. Civil Liability

34. Crimes punishable by correctional penalties, except those punishable by arresto mayor shall
prescribe in how many years?
a. 20 years
b. 15 years
c. 10 years
d. 5 years
35. It includes rivers, creeks, bays, gulfs, lakes, straits, coves lying wholly within the three mile limit
of any nation.
a. Maritime zone
b. Interior waters
c. Low water mark
d. Exclusive economic zone

36. It makes criminal an act done before the passage of the law which was innocent when done,
and punishes it.
a. Ex post facto law
b. Bill of attainder
c. Law of preferential application
d. Self-repealing laws

37. Refers to one of the three equal portions, called minimum, medium and maximum of a
divisible penalty.
a. Degree
b. Period
c. Prescription
d. Duration

38. Which among the foregoing is considered as the primary source of criminal law?
a. Act No. 3815
b. Special Penal laws
c. Penal Presidential Decrees under martial law
d. Constitution

39. Those punishable by correction penalties shall prescribe in how many years?
a. 20 years
b. 5 years
c. 10 years
d. 15 years

40. It is the forfeiture if the right of the state to execute the final sentence after a certain lapse of
time.
a. Prescription of the crime
b. Prescription of the penalty
c. Degree of the penalty
d. Period of the penalty

41. It is that branch or division of law which defines crimes treats of their nature, and provide for
their punishment.
a. Civil law
b. Criminal law
c. Procedural law
d. Substantive law

42. Refers to a sentence of imprisonment for the maximum period defined by law subject to the
termination by the parole board at any time after service of the sentence.
a. Suspension
b. Indeterminate sentence
c. Prescription
d. Period of penalty

43. Refers to the purpose to use a particular means to effect such result.
a. Intent
b. Motive
c. Deceit
d. Fault

44. John commences with the execution of a felony but fails to perform all acts which should
produce it, the development or stage refers to:
a. Consummated
b. Attempted
c. Frustrated
d. Negligence

45. Any bodily movement that tends to produce some effect in the external world.
a. Acts
b. Omission
c. Dolo
d. Culpa

46. Libel and other similar offenses shall prescribe in how many years
a. 15 years
b. 10 years
c. 5 years
d. 1 year

47. An entire penalty enumerated in the graduated scale of penalties.


a. Degree
b. Period
c. Prescription
d. Duration

48. Refers generally to acts made criminal by special laws.


a. Felony
b. Male ince
c. Male inse
d. Mala prohibita

49. Under RA 7659, the death penalty may be suspended when the accused is among the
foregoing except:
a. A woman, while pregnant
b. Persons over 70 years old
c. Woman within one year after delivery
d. Persons over 18 but under 21 years of age

50. Which among the foregoing is not requisite for Dolo?


a. Intelligence
b. Freedom
c. Intent
d. Deceit

51. Refers to the loss of the right of the state to prosecute the offender after a certain lapse of
time.
a. Prescription of the crime
b. Prescription of the penalty
c. Degree of the penalty
d. Period of the penalty

52. Things which are wrongful in their nature.


a. Evil
b. Mala ince
c. Mala inse
d. Mala prohibita

53. Felonies punishable by death, reclusion perpetua and reclusion temporal shall prescribe in:
a. 20 years
b. 15 years
c. 10 years
d. 5 years
54. Acts and omissions punishable by law.
a. Dolo
b. Culpa
c. Felonies
d. Crime

55. Ariel intending to kill Juggs to avenge lost honor stabbed the latter three times in the chest,
however due to prompt medical attention Jiggs was able to survive the stack, Ariel is liable for:
a. Physical Injuries
b. Attempted Homicide
c. Frustrated Homicide
d. Frustrated murder

56. When all the elements necessary for the execution and accomplishment of a felony are
present it is said to be:
a. Consummated
b. Attempted
c. Frustrated
d. Negligence

57. It is a physical activity or deed, indicating the intention commit a particular crime.
a. Act
b. Omission
c. Fault
d. Over act

58. Abberatio ictus refers to:


a. Mistake of the facts
b. Mistake in the identity
c. Mistake of the blow
d. Ignorance of the law

59. What must be considered in determining whether the crime committed is only attempted,
frustrated or consummated?
a. Nature of the offense
b. Elements constituting the felony
c. Manner of commission
d. All of there

60. Refers to crimes consummated in one instant or by single act.


a. Formal crimes
b. Informal crimes
c. Rational crimes
d. Irrational crimes

61. Refers to the obligation or suffering the consequences of crime.


a. Imputability
b. Culpability
c. Liability
d. Responsibility

62. A quality in which an act may be ascribed to a person as the author or owner.
a. Imputability
b. Culpability
c. Liability
d. Responsibility

63. Refers to felonies which the law imposes penalties which are correctional in nature.
a. Grave
b. Less grave
c. Light
d. Serious
64. When the law attaches capital punishment or afflictive penalties the felony is said to be?
a. Grave
b. Less grave
c. Light
d. Serious

65. Infractions to the law punishable by arresto menor or a fine not exceeding 200 pesos or both.
a. Grave
b. Less Grave
c. Light
d. Serious
66. Light felonies are made punishable only when they are:
a. Consummated
b. Attempted
c. Frustrated

d. Intended
67. Exemption to the general rule in cases of light felonies.
a. When committed against persons
b. When committed against chastity
c. When committed against honor
d. When committed against liberty

68. It exists when two or more persons to an agreement to commit a felony.


a. Plan
b. Conspiracy
c. Piracy
d. None of the above

69. What occurs when a person who have decided to commit a felony told somebody else of his
plan?
a. Conspiracy
b. Piracy
c. Proposal
d. None of the above

70. Acts of a person which are said to be accordance with the law, so that such person is demed
not to have transgressed the law and is free from both criminal and civil liability.
a. Justifying circumstances
b. Mitigating circumstances
c. Exempting circumstances
d. Aggravating circumstances

71. Equivalent to assault or at least threatened assault of an immediate nature.


a. Intent
b. Culpa
c. Dolo
d. Unlawful aggression

72. The following are the requisites for self-defense, except:


a. Unlawful aggression
b. Reasonable necessity of the means employed to prevent or repel it
c. Lack of sufficient provocation on the part of the person defensing himself
d. Lack of intent in the part of the person defensing himself

73. What crime exists when a single act constitutes two or more grave or less grave felonies?
a. Complex
b. Continuing
c. Composite
d. Compound
74. Who among the following are not exempted from criminal liability?
a. Children under 9 years of age
b. Insane persons
c. Children over 9 under 15 years of age with discernment
d. Imbecile Person

75. Refers to desired acts of a person to commit a crime


a. Motive
b. Intent
c. Fault
d. Deceit

76. Those circumstances which if attendant to the commission of the crime would serve to lower
the penalty to a lesser degree.
a. Justifying
b. Exempting
c. Mitigating
d. Aggravating

77. An aggravating circumstance which generally apply to all crimes such as dwelling, nighttime or
recidivism.
a. Generic
b. Specific
c. Qualifying
d. Inherent

78. Refers to occurrence which happens beyond the sway of man’s will.
a. Nature
b. Accidents
c. Events
d. Crimes

79. Boy a policeman persuades Allan to commit a felony, he arrested the latter after its execution
is committing.
a. Instigation
b. Entrapment
c. Conspiracy
d. Proposal

80. Refers to circumstances which if attendant in the commission of a crime serve to increase the
penalty, without however exceeding the maximum of the penalty provided by law for the
offense.
a. Justifying
b. Exempting
c. Mitigating
d. Aggravating

81. They are aggravating circumstances which change the nature of the crime, e.g. homicide to
murder in case of treachery.
a. Generic
b. Specific
c. Qualifying
d. Inherent

82. Refers to aggravating circumstances which apply only to particular crimes.


a. Generic
b. Specific
c. Qualifying
d. Inherent

83. An aggravating circumstance which come in the commission of the crime.


a. Generic
b. Specific
c. Qualifying
d. Inherent

84. Refers to a building or structure exclusively used for rest or comfort.


a. House
b. Home
c. Dwelling
d.All of the above

85. Whenever more than three armed malefactors shall have acted together in the commission of
an offense it is deemed to have been committed by:
a. Group
b. Brigands
c. Band
d. Team

86. Refers to a person who at the time of trial for one crime shall have been previously convicted
by final judgment of another crime embraced in the same title of the RPC.
a. Delinquent
b. Habitual delinquent
c. Recidivist
d. Offender

87. A person who has within a period of 10 years from the date of release or last conviction is said
to have been found guilty of the same offense particularly those of physical injuries, estafa,
theft and robbery is considered as a:
a. Recidivist
b. Delinquent
c. Habitual delinquent
d. Quasi-recidivist

88. Any person who shall commit a felony while serving his sentence with previous conviction is
classified as a:
a. Recidivist
b. Delinquent
c. Habitual delinquent
d. Quasi-recidivist

89. Which among the following is not among the requisites of evident premeditation?
a. Sufficient lapse of time
b. Time when the offender decided to commit the felony
c. Act indicating the has clung to his determination
d. Deliberate intent

90. It involves trickery and cunning on the part of the offender


a. Craft
b. Deceit
c. Fault
d. Intent

91. Gloria lends Nany a bolo which was used in the murder of Mike is liable as an:
a. Principal
b. Accessories
c. Accomplices
d. Conspirators

92. Persons who aide the felons to hide away evidences or profit from the fruits of the crime said
to be:
a. Principal
b. Accessories
c. Accomplices
d. Conspirators

93. The following are exempt from criminal liability as accessories in cases that the principal
should be foregoing relatives except:
a. Spouse
b. Ascendant
c. Descendant
d. Cousins

94. Capital punishment or maximum penalty imposed by law.


a. Reclusion Perpetua
b. Reclusion temporal
c. Arresto mayor
d. Death by lethal injection

95. Refers to alevosia, or means and methods employed to insure its execution.
a. Craft
b. Deceit
c. Intent
d. Treachery

96. It pertains to moral order, adding disgrace to the material injury caused by the crime.
a Craft
b. Treachery
c. Ignominy
d. Evident premeditation

97. The following circumstances are always mitigated in terms of alternative circumstances,
except:
a. Low degree of education
b. Intoxication wherein the drunk person has not intended it or not a habitual drunkard
c. Relationship in crimes against property
d. Relationship in crimes against persons

98. Poly stabbing Army is considered as a:


a. Principal
b. Accessory
c. Accomplice
d. Instigator

99. Emil persuades Jade to steal from his boss is regarded as a:


a. Principal by direct participation
b. Principal by induction
c. Principal by indispensable cooperation
d. Instigators

100. Which in the following enumeration is an example of an afflictive penalty?


a. Fine
b. Arresto mayor
c. Distierro
d. Prison mayor

101. What would be the nature of action for a person over nine years of age and under fifteen to
incur criminal liability?
a. Act with discernment
b. Show malice
c. Show criminal intent
d. Act negligently

102. It shall serve to deprive the offender rights of parental authority or guardianship.
a. Subsidiary penalty
b. Penalty
c. Suspension
d. Civil interdiction

103. Personal liability to be suffered by the convict who has no property to meet the fine.
a. Subsidiary penalty
b. Penalty
c. Suspension
d. Civil interdiction

104. A form of protection rather than a penalty in cases of art 247 of the RPC.
a. Subsidiary penalty
b. Penalty
c. Suspension
d. Civil interdiction

105. The moving power which impels one to action for a definite result.
a. Intent
b. Motive
c. Deceit
d. Fault

106. It refers to an act committed or omitted in violation of a public law forbidding or commanding
it.
a. Dolo
b. Culpa
c. Felony
d. Crime

107. In cases wherein the commission of an offense is necessary in the commission of another it
is said that the crime is:
a. Formal crime
b. Informal crime
c. Compound crime
d. Complex crime

108. When did Act no. 3851 took effect?


a. January 1, 1931
b. January 1, 1932
c. January 1, 1933
d. January 1, 1944

109. Ignorantia Facti Excusat means:


a. Ignorance of the law
b. Mistake of facts
c. Mistake of the blow
d. Mistake in identity

110. Under this rule, crimes are not triable in the court of that country, unless their commission
affects the peace and security of the territory or the safe of the state is endangered.
a. French Rule
b. American Rule
c. Spanish Rule
d. English Rule

111. Failure to perform a positive duty which one is bound to do.


a. Act
b. Omission
c. Dolo
d. Culpa
112. Light offenses prescribe in:
a. 12 months
b. 6 months
c. 4 months
d. 2 months

113. The foregoing are persons exempt from the operation of criminal law by virtue of the
principles of public international law, except:
a. Head of states
b. Ambassadors
c. Consul
d. Charges d’affaires

114. It is a characteristic of criminal law stating that the law is binding on all persons who live and
sojourn Philippine territory.
a. General
b. Territorial
c. Retrospective
d. Universal

115. It refers to a legislative act which inflicts punishment without trial.


a. Ex post facto law
b. Bill of attainder
c. Law on preferential application
d. Self repealing laws

116. Based on the dimunition of either intent, intelligence or freedom of action or the lesser
perversity of the offender.
a. Mitigating circumstances
b. Aggravating circumstances
c. Exempting circumstances
d. Alternative circumstances

117. In malicious mischief, this may be considered as a complete defense, due to it being covered
as an absolutory cause
a. It be committed against a relative
b. It be committed while being influenced by liquor
c. Degree of education of the offender
d. All of the above

118. Presumption is always in favor of sanity, hence to used this as a defense in criminal cases,
who has the burden of proof?
a. Defense
b. Prosecution
c. Courts
d. Psychologists and psychiatrist

119. When is an insane person not exempted from criminal liability?


a. When he acted with lucid interval while committing the crime
b. When he acted due to impulse
c. When he acted due to inducement
d. None of the above

120. Which among the following circumstance is necessary to plead self-defense?


a. Lack of sufficient provocation on the part of the person defending himself.
b. Reasonable necessity of the means employed to prevent or repel it.
c. Unlawful aggression
d. All of the above

121. Which among the following circumstance where the right of the accused may not be waived?
a. Right to cross examination
b. Right to confrontation
c. Right to be informed of the nature and cause of the charge against him
d. All of the foregoing

122. Felonies contained in Book II of the Revised Penal Code covering Art. 114 to 365 are
classified under how many different tittles?
a. 12
b. 13
c. 14
d. 15

123. It is the controlling factors to obtain jurisdiction over the vessel or aircraft.
a. Nationality of the owner
b. Registration of the vessel
c. Location of the vessel
d. All of the above

124. A Philippine vessel or aircraft must be understood as that and is to be registered in what
particular government agency.
a. Philippine Bureau of Customs
b. Department of Transportation and Communication
c. Philippines Ports Authority
d. Any of the above mentioned agency

125. It retains original and exclusive jurisdiction over all offenses committed on high ses of any
registered Philippine vessel.
a. International Courts
b. Regional Trial Courts
c. Court of Appeals
d. Supreme Court
CRIMINAL LAW (RPC BOOK 2)

1. Jimmy attempting to overtake another vehicle hit another car damaging the same, he is liable
for?
a. Damage to property through negligence
b. Malicious Mischief
c. Gross Negligence
d. None of the above

2. Miriam left her 45 caliber at the table after cleaning it, her maid’s son was able to get hold of it
and played with it, the accidental discharge killed the boy, Miriam may be held legally
responsible for
a. Homicide through reckless imprudence
b. Homicide through reckless negligence
c. Homicide
d. None of the foregoing

3. Dennis went out hunting with some friends, while hunting at night he shot dead his companion
Mike in the belief that he was a board. What is his criminal liability?
a. Homicide through reckless imprudence
b. Homicide through reckless negligence
c. Homicide
d. None of the foregoing

4. Jong was not aware that his car brakes were defective, while cruising along Tomas Morato
Avenue, a boy crossed the street, Jong was unable to stop his car in time, hitting the child and
causing serious physical injuries. Jong is liable for:
a. Physical injuries through imprudence
b. Physical injuries through negligence
c. Frustrated Homicide
d. None of the foregoing

5. PO2 San Jose while engaged in hot pursuit, fired his pistol in the air as a warning shot but
instead killer a bystander is liable for:
a. Homicide through reckless imprudence
b. Homicide through reckless negligence
c. Homicide
d. None of the foregoing

6. SPO4 Jaen arrested Mr. Tucay due to attempted homicide committed while in his presence, he
is to deliver the apprehended person to proper judicial authorities within a period not
exceeding?
a. 12 hours
b. 24 hours
c. 36 hours
d. 48 hours

7. While conducting their nightly patrol, a PNP member arrested 6 persons involved in a brawl,
Art. 125 would prescribe that they should delivered those detained within hour many hours to
proper judicial authorities?
a. 12 hours
b. 24 hours
c. 36 hours
d. 48 hours
8. While armed with a valid search warrant legally obtained, P/Insp. Chicano conducted the
search by themselves in the location specified but without the owner of the domicile or any
other person. What crime was committed?
a. Illegal search
b. Violation of domicile
c. Searching domicile without witnesses
d. None of the foregoing
9. After losing in a hotly contested election, Mr. X ordered his men to use arms to assault and
prevent the elected official from the discharge of his duties, Mr. X may be liable for:
a. Rebellion
b. Sedition
c. Coup d’etat
d. Insurgency

10. Mr. A killed Mayor Y while the latter is in the discharge if his official duty, Mr. A may be
charged with:
a. Murder
b. Homicide
c. Direct Assault
d. Direct assault with murder

11. Jamboy a public school teacher, while eating in a local restaurant was at the same time
encoding the grades of his students, Carling a former student who was given a failing grade by
Jamboy saw him and punched him in the stomach. Carling may be held for:
a. Physical injuries
b. Unjust vexation
c. Direct assault
d. Indirect assault

12. A local sheriff while trying to enforce an eviction order was stabbed at the back Mr. H killing
him in the process, the former is liable for:
a. Homicide
b. Murder
c. Direct assault
d. Direct assault with murder

13. Which among the following may is not considered as a person in authority?
a. Teacher
b. Municipal Mayor
c. Nurse
d. None of the above

14. Allan together with his friends scattered human excrements on the satirs and doors of their
school may be held liable for:
a. Malicious mischief
b. Grave Scandal
c. Other mischiefs under Art. 329
d. Unjust vexation

15. Zoilo punched his friend Pol while arguing with the latter, as a result of the blow three incisors
were lost, Zoilo may be held answerable for:
a. Physical injuries
b.Slight physical injuries
c. Less serious physical injuries
d. Serious physical injuries

16. An accused while raping a 21 year old lady stabbed her to death in order to silence the latter,
he may be guilty for:
a. Rape
b. Murder
c. Rape and homicide
d. Rape with homicide

17. A and B after robbing a local 7-11 store clerk to dispose of any witness. They may be held
liable for:
a. Robbery
b. Robbery and homicide
c. Homicide
d. Robbery with homicide
18. Benny lent his house to be used by his friends as a place of detention may be liable as an:
a. Principal
b. Accessory
c. Accomplice
d. None of the above

19. Piling in the effort of trying to convince her co-employees to sell her t-shirts told them that if
they would not sell the goods, they will be suspended from work, she is liable for:
a. Grave threat
b. Light threat
c. Grave coercion
d. Light coercion

20. Atoy was able to hold of a ladies bag while walking in the crowded street in Quiapo, however
before absconding the crime scene he was caught by an undercover cop, the crime of theft is:
a. Attempted
b. Frustrated
c. Consummated
d. None of the foregoing

21. Totie shot Jose his brother in the abdomen, penetrating the latter’s chest and liver, by reason
of prompt medical attention the offended part survived, what particular crime has been
committed by Totie?
a. Attempted Homicide
b. Frustrated Homicide
c. Consummated serious physical injuries
d. Frustrated parricide

22. Jules aimed his pistol at his wife Alexandra with the intention to shoot her, he then pressed
the trigger but it jammed and no bullet was fired, he is liable for what offese?
a. Attempted parricide
b. Frustrated parricide
c. Attempted murder
d. Attempted homicide

23. A truck loaded with stolen boxes of Lacoste T-shorts was on way out of the guard station at
the bodega surrounded by tall fence and high walls when the guard discovered the boxed on
the truck. What crime was committed?
a. Attempted robbery
b. Frustrated robbery
c. Attempted theft
d. Frustrated theft

24. Ramil intended to kill Dennis by shooting the latter, however the wound inflicted did not affect
vital organs and only hit the victims right arm die to Ramil’s warning before shooting him, what
crime was committed?
a. Attempted homicide
b. Frustrated homicide
c. Attempted homicide
d. Frustrated homicide

25. Refers to the obligation of obedience and fidelity which a person owe the government under
which they live, in return for protection they receive.
a. Loyalty
b. Allegiance
c. Sovereignty
d. Adherance

26. It means confinement or restraint upon prison.


a. Arrest
b. Detention
c. Abduction
d. Kidnapping

27. A policemen who arrests a person who was caught in act of punching another slightly injuring
the offended party must deliver the detained person to proper judicial authority within how
many hours?
a. 12 hours
b. 18 hours
c. 24 hours
d. 36 hours

28. SPO4 Antazo entered the dwelling of Ms. Recto against the latter’s will to search for
unlicensed firearms is liable for:
a. Violation of domicile
b. Trespass to dwelling
c. Expulsion
d. abuse of authority

29. In Bulacan, Rev. Villanueva with intention to perform religious ceremony, was prevented by
police officer by making actual threats from going to church, as a result the ceremony was not
celebrated, the policeman is liable for:
a. Interruption of religious worship
b. Offending religious feelings
c. Grave Coercion
d. Grave threats

30. Eddie remarked that the Pope was Satan and that those who believe him are demons is
liable for:
a. Interruption of religious worship
b. Offending religious feelings
c. Slander
d. Libel

31. Ping a senator punched Joe a congressman, the latter field criminal charges against Ping for
physical injuries, Ping was arrested by General Berroya while going to congress for a special
session, what crime was committed by the arresting officer?
a. Violation of domicile
b. Violation on parliamentary immunity
c. Unlawful arrest
d. None

32. Refers to a person directly vested with jurisdiction


a. Person in authority
b. Public Official
c. Elected Official
d. agents of persons in authority

33. PO2 Candelaria asked for assistance while being mobbed for arresting a popular criminal
three persons assisted him but they were injured in the process, what crime was committed
against the three persons?
a. Direct assault
b. Indirect assault
c. Physical injuries
d. None of the foregoing

34. A in resistance to a body search laid hands upon a police officer, no apparent legal basis for
the search was given, what crime was committed by A?
a. Resistance and disobedience to a person in authority or the agents of that person
b. Direct assault
c. Indirect assault
d. None of the foregoing
35. Refers to the fact of passing counterfeited coins.
a. Forgery
b. Import
c. Utter
d. Counterfeiting
36. Nanette wrote Ricky’s name on the back of the treasury warrant payable to the latter, as if
Ricky has endorsed the check to her, then presented it for payment, what crime was
committed?
a. Forgery
b. Import
c. Utter
d. Counterfeiting

37. Mr. X a government prosecutor accepted a Rolex watch as a birthday gift from Mr. T a person
accused of homicide; Mr. X is liable for
a. Direct bribery
b. Indirect bribery
c. Qualified bribery
d. Corruption

38. P/Insp. Boy Habagat who refrains from arresting Anjo for committing murder in exchange for
88,000 pesos is guilty of;
a. Direct bribery
b. Indirect bribery
c. Qualified bribery
d. Corruption

39. Cathy offered a diamond ring to John a certified public accountant under the employ of the
Bureau of Internal Reveneu in exchange for a lower tax. She is liable for;
a. Direct bribery
b. Indirect bribery
c. Qualified bribery
d. Corruption of public officials

40. Pres. Marcoyo deverted funds allocated for the construction of a national highway to serve as
cash incentives for public school teachers during the elections, may be guilty of?
a. Malversation
b. Illegal use of public funds
c. Corruption
d. Illegal use of public property

41. PO1 Ponce inflicted physical injuries on a detainee to obtain relevant information in the
commission of the crime, he may be liable for;
a. Physical injuries
b. Maltreatment of prisoners
c. Misfeasance
d. Malfeasance

42. Refers to physical ugliness or permanent and definite abnormality.


a. Injury
b. Scar
c. Deformity
d. All of the foregoing

43. Andy punched Max on the eye which produced a conclusion, what crime was committed?
a. Slight physical injuries
b. Less serious physical injuries
c. Serious physical injuries
d. Maltreatment

44. It is a building or structure devoted for comfort or rest.


a. House
b. Residence
c. Dwelling place
d. Abode

45. Mario hunted and shot down a wild boar while inside a private jungle belonging to Mr.
Amoranto, he may be liable for;
a. Theft
b. Robbery
c. Trespass
d. Qualified Theft

46. Mr. J agreed to sell Mr. G first class rice and received from MR. G the purchase price thereof,
but Mr. J delivered poor quality rice, Mr, J committed;
a. Theft
b. Qualified Theft
c. Abuse of confidence
d. Estafa

47. Pedro gave Eddie 3,500 pesos for payment of a Ralph Blue perfume, however Eddie did not
gave Pedro the perfume and instead absconded, what crime was committed?
a. Estafa
b. Theft
c. Robbery
d. Malversation

48. X pawned his car to W,later pending to have money for redeeming the car X asked for it and
rode away without paying the loan, X is liable for:
a. Estafa
b. Theft
c. Robbery
d. Malversation

49. Refers to a home of the husband and his wife.


a. Conjugal dwelling
b. Residence
c. Dwelling Place
d. Abode

50. H who was very fond of M, kissed and embraced the latter and touching the girl’s breast as a
mere incident of the embraced is liable for:
a. Attempted rape
b. Acts of lasciviousness
c. Unjust vexation
d. Lewd conduct

51. It requires the concurrence of two things, that there being an actual assembly of men and for
such purpose of executing treasonable design by force.
a. Aid or comfort
b. Levying war
c. Adherence to the enemy
d. All of the foregoing

52. What crime is committed against mankind, and whose jurisdiction consequently recognizes no
territorial limits?
a. Mutiny
b. Espionage
c. Piracy
d. Sedition

53. A person who executes a false affidavit may be held liable for:
a. Forgery
b. Perjury
c. Piracy
d. Sedition

54. A threatened to kill B if the latter will not give him, 2,000 pesos. What crime has been
committed by A.
a. Grave threat
b. Grave coercion
c. Kidnapping for ransom
d. Attempted murder

55. The degree of proof required to convict a person accused of treason.


a. Dangerous tendency rule
b. Two witness rule
c. Proof beyond reasonable doubt
d. Substantial evidence

56. PO1 Mendoza, who without legal grounds detains Ms. Sagun for being ugly is liable for:
a. Illegal detention
b. Arbitrary detention
c. Kidnapping
d. Expulsion

57. It is committed by a person, who being under oath are required to testify as to the truth of a
certain matter at a hearing before a competent authority, shall deny the truth or say something
contrary to it.
a. Forgery
b. Perjury
c. Falsification
d. False testimony

58. A detained prisoner is allowed to eat and drink in a nearby restaurant on several occasion,
however is at all times duly guarded. Assuming that it was done in the warden’s permission,
the warden may be charged with what particular offense?
a. Infidelity
b. Negligence of duty
c. Laxity
d. Dereliction of duty

59. Refers to the omission of some acts which ought to be performed.


a. Misfeasance
b. Malfeasance
c. Nonfeasance
d. Direction of duty

60. Consists of acts which are offensive to decency and good customs, which having been
committed publicly, have given rise to public scandal to person who have witness the same.
a. Immoral doctrines
b. Slander
c. Grave scandal
d. Libel

61. A person arrested for the commission of an offense punishable by afflictive penalties must be
delivered to the proper judicial authority with how many hours?
a. 12
b. 18
c. 36
d. 48

62. It is the unauthorized act of a public officer who compels a person to change his residence.
a. Violation of domicile
b. Arbitrary detention
c. Trespass to dwelling
d. Expulsion
63. A person having knowledge of the plans to commit treason and fails to disclose such
information to the governor, fiscal or mayor is guilty of what crime?
a. Treason
b. Espionage
c. Conspiracy to commit treason
d. Misprision of treason

64. It is a felony which in its general sense is raising of commotions or disturbances in the state
outside of the legal method.
a. Treason
b. Rebellion
c. Coup d’etat
d. Sedition

65. A police officer who, arrested a member of congress while going to attend a senate session
for a traffic violation is liable for:
a. Crime against popular representation
b. Acts tending to prevent the meeting of the National assembly
c. Violation of parliamentary immunity
d. All of the foregoing

66. Exemption to violation of parliamentary immunity, when a member of congress while regular
session:
a. Committed a crime punishable by the revised penal code
b. Committed a crime punishable by prison mayor
c. Committed a crime punishable by a penalty higher than prison mayor
d. None of the foregoing

67. Refers to persons having no apparent means of subsistence but has the physical ability to
work and neglects to apply himself or herself to lawful calling.
a. Bum
b. Vagrant
c. Prostitute
d. Destitute

68. The crime is committed by raising publicly and taking arms against government to completely
overthrow and supersede said existing government.
a. Treason
b. Rebellion
c. Coup d’etat
d. Sedition

69. The nature of the crime of treason and espionage.


a. War crime
b. Crime against national security and the law of nations
c. Crime against public order
d. Crime against the state

70. A swift attack accompanied by violence, intimidation, stealth, directed against duly constituted
authorities, public utilities, military camps and installation with or without civilian support, for the
purpose of diminishing state power.
a. Treason
b. Rebellion
c. Coup d’etat
d. Sedition

71. Groups which are organized fotr the purpose of committing any crime against the RPC or for
other purposes contrary to public morals.
a.Illegal assembly
b. Illegal association
c. Sedition
d. Rebellion

72. When gathering of persons is held with the presence of armed men and the purposes contrary
to public morals.
a.Illegal assembly
b. Illegal association
c. Sedition
d. Rebellion
73. Implies anything which includes offensive or antagonistic movement or action of any kind.
a. Over acts
b. Employ force
c. Attack
d. Stealth
74. Mass uprising has been undertaken by supporters of Gloria Pandaka wherein they resort to
violence to stop the holding of the forthcoming elections, what crime was committed?
a. Illegal assembly
b. Violation of parliamentary immunity
c. Rebellion
d. Sedition
75. X a PCCr student assisted SPO1 Anico who was being assaulted by Mr. A resisting arrest, Mr.
A then kicked Mr. X. What was the crime committed by Mr. A with respect to X?
a. Direct assault
b. Indirect assault
c. Resistance
d. Disobedience
76. Jason, a college student punched his gay teacher while on class may be held liable for:
a. Direct assault
b. Indirect assault
c. Resistance
d. Subversion
77. Includes medley of discordant voices, a mock serenade of discordant noises designed to
annoy and insult.
a. Outcry
b. Tumultuous
c. Assault
d. Charivari
78. Mr. K fired his pistol towards the sky during the celebration of his birthday is liable for:
a. Illegal possession of firearms
b. Illegal discharge
c. Alarm and scandal
d. All of the foregoing
79. Poly who frequently introduces himself as an NBI agent under false pretense may be held
liable for:
a Usurpation of authority
b. Estafa
c. Disobedience
d. Resistance
80. Lex having been convicted of estafa escaped from BJMP personnel, what felony was
committed?
a. Delivering prisoners from jail
b. Evasion of service of sentence
c. Resistance
d. Disobedience
81. To settle his debt, Lucas imitated 500 peso, he is liable for:
a. Falsification of documents
b. Intercalation
c. Forgery
d. Rubric
82. Breach of allegiance to a government, committed by a person who owes allegiance to it.
a. Treason
b. Espionage
c. Adherence to the enemy
d. Levying war
83. Any other name of a person which publicly applies to himself without authority if the law.
a. Alias
b. AKA
c. Fictitious name
d. True name
84. To avoid being charged with delay in the delivery of persons to proper judicial authorities, a
person caught in act of committing a felony punishable by penalties which are correctional in
nature must be delivered to said authorities within how many hours?
a. 12
b. 18
c. 36
d. 48
85. Refers to the gathering, transmitting or losing information relative to national defense with
intent to be used to the injury of the Republic of the Philippines.
a. Treason
b. Espionage
c. Conspiracy to commit treason
d. Misprision of treason
86. PO2 Paras, forcibly entered the dwelling of Benjie who is a suspected drug pusher, what
crime committed by the public officer?
a. Violation of domicile
b. Arbitrary detention
c. trespass to dwelling
d. Expulsion
87. Refers to the resistance to a superior officer, and or raising of commotions and disturbance on
board a ship against the authority of the commander.
a. Mutiny
b. Espionage
c. Piracy
d. Sedition
88. The following are legal grounds for detention, except:
a. Commission of a crime
b. Violence insanity
c. Ailment requiring compulsory confinement
d. Suspected of committing a felony under the Revised Penal Code.

89. It means intent to betray a person’s country of origin.


a. Aid or comfort
b. Levying war
c. Adherence to the ceremony
d. All of the above

90. To expedite the processing of benefits claims from the GSIS a clerk accepted 1,000 pesos
from Mr. H, the clerk is liable for:
a. Bribery
b. Qualified bribery
c. Indirect bribery
d. Direct bribery

91. B wanted to kill A, he then executed his plan by ramming over the latter with his automobile
killing B instantly, what was the crime committed?
a. Parricide
b. Murder
c. Homicide
d. Infanticide

92. Anne killed her husband Jojo by means of poison, she is liable for:
a. Parricide
b. Murder
c. Homicide
d. Infanticide
93. Pedro due to his addiction killed his child less than 3 days old, he is guilty of what crime?
a. Parricide
b. Murder
c. Homicide
d. Infanticide
94. It is the violent expulsion of a human fetus from the maternal womb of birth which results to
death.
a. Infanticide
b. Abortion
c. Murder
d. Parricide
95. Takes place whenever a person is killed during a confusion attendant to a quarrel among
several persons not constituting a group and the perpetuators cannot be ascertained.
a. Homicide
b. Murder
c. Death caused by tumultuous affray
d. Riots
96. A public officer who refrains from arresting a person who has committed a crime punishable
by Reclusion Perpetua in exchange for money.
a. Bribery
b. Qualified bribery
c. Indirect bribery
d. Direct bribery
97. It is embezzlement by means of appropriating funds or taking and misappropriating the same.
a. Malversation
b. Misfeasance
c. Malfeasance
d. Nonfeasance
98. A person who shall kill his father, mother or child shall be guilty of what felony?
a. Parricide
b. Murder
c. Homicide
d. Infanticide
99. The unlawful killing of a child less than three years old.
a. Parricide
b. Murder
c. Homicide
d. Infanticide
100. A person fired his pistol while paramour of his father was walking farther away from him
killing the letter instantly is guilty of?
a. Parricide
b. Murder
c. Homicide
d. Infanticide
101. Romeo, having carnal knowledge with a prostitute less than 12 years old is liable for:
a. Rape
b. Acts of lasciviousness
c. Seduction
d. Adduction
102. A private individual who detains another for the purpose of depriving the latter of his liberty
for more than three days is guilty of:
a. Illegal detention
b. Arbitrary detention
c. Serious illegal detention
d. Slight illegal detention
103. Jun who got into a dispute with Jeff, assaulted the latter for the purpose of delivering his
victim is guilty of what crime?
a. Illegal detention
b. Illegal Arrest
c. Unlawful arrest
d. Physical injuries
104. Refers to a crime committed by any person who threatens another with the infliction upon the
person, honor or property of the latter or his family of any wrong amounting to a crime.
a. Grave threat
b. Light threat
c. Grave coercion
d. Light coercion
105. When a threat to commit a wrong not constituting a crime is made by another, what crime is
committed?
a. Grave threat
b. Light threat
c. Grave coercion
d. Light coercion
106. A husband punched his pregnant wife due to constant nagging, caused the death of their
unborn child is guilty of:
a. Parricide
b. Abortion
c. Intentional abortion
d. Unintentional abortion
107. A formal and regular combat previously concerted between two parties in the presence of
two or more seconds of lawful age on each side, who make the selection of arms and fix all
other conditions.
a. Riot
b. Duel
c. Tumultuous affray
d. Mutilation
108. A woman cutting the penis of a male lover to deprive the latter of its use, is committing what
crime?
a. Physical injury
b. Duel
c. Tumultuous affray
d. Mutilation
109. What crime was committed by a Mike who bit off the ear of his opponent while in a boxing
match?
a. Mutilation
b. Serious physical injury
c. Less serious physical injury
d. Slight physical injury
110. What crime is committed by a person who assaulted another, causing the latter to be absent
from work for two weeks?
a. Mutilation
b. Serious physical injury
c. Less serious physical injury
d. Slight physical injury
111. It is felony wherein a person compels another by means of force, violence or intimidation to
do something against his will, whether right or wrong.
a. Grave threat
b. Light threat
c. Grave coercion
d. Light coercion
112. Any person who, by means of violence shall seize anything belonging to his debtor for the
purpose of applying the same to the payment of a debt, is committing:
a. Grave threat
b. Light threat
c. Grave coercion
d. Light coercion
113. It includes human conduct which, although not productive of some physical or material harm
would annoy an innocent person.
a. Light threat
b. Light coercion
c. Unjust vexation
d. None of the following
114. Issuing a check without sufficient fund constitute what offense?
a. Swindling
b. Estafa
c. Violation of BP 22
d. All of the foregoing

115. What crime was committed when a person burned the house of his dead victim to hide the
body of the crime?
a. Complex crime
b. Murder
c. Arson with homicide
d. Homicide and arson
116. PO3 Diokno was stabbed while walking along a dark alley, he died on the spot and the
perpetrator took his service pistol?
a. Murder
b. robbery
c. Homicide and robbery
d. Robbery with homicide
117. It is the willful damaging of another’s property for the sake of causing damage due to hate,
revenge or other evil motive.
a. Swindling
b. Destruction of property
c. Malicious mischief
d. Chattel mortgage

118. What crime was committed by Tess a married person having sex with Ody who is not her
husband?
a. Adultery
b. Concubinage
c. Acts of lasciviousness
d. Seduction
119. Boy, a married man who allowed his paramour to live in their conjugal dwelling is liable for
what crime?
a. Adultery
b. Concubinage
c. Acts of lasciviousness
d. Seduction
120. Lewd acts committed upon persons of either sex not amounting to rape by using force or
intimidation.
a. Adultery
b. Concubinage
c. Acts of lasciviousness
d. Seduction
121. A person who ripped the dress of a woman and rubbed his penis over the woman’s genital
without taking off the panty is liable for what crime?
a. Rape
b. Seduction
c. Forcible abduction
d. Acts of lasciviousness
122. Pedro was able to have carnal knowledge with his girlfriends by promising the latter with
marriage, what crime was committed?
a. Seduction
b. Acts of lasciviousness
c. Abduction
d. None of the foregoing
123. Is the taking of personal property belonging to another, with intent to gain, by means of
violence against, or intimidation upon things of any person, or using force upon anything.
a. Robbery
b. Theft
c. Brigandage
d. Estafa
124. Allan took several jewelry from a room in which he entered through the window committed
what crime?
a. Robbery
b. Theft
c. Brigandage
d. Estafa
125. A genuine key stolen from the owner is considered as a:
a. False key
b. Hot item
c. Stolen item
d. Picklock
126. G stole a Rolex watch from a locker by means of the key of the owner, what crime was
committed?
a. Theft
b. Robbery
c. Possession of pick locks
d. Possession of false keys
127. A crime by more than three armed malefactors who form a band for the purpose of
committing robbery in the highway or kidnapping persons for the purpose of extortion or obtain
ransom, or for any other purpose to be attained by means of force and violence.
a. Robbery
b. Kidnapping
c. Brigandage
d. Theft
128. Committed by any person who, intent to gain without violence or intimidation of persons nor
force upon things, shall take personal property of answer without the latter’s consent.
a. Robbery
b. Kidnapping
c. Brigandage
d. Theft
129. Jolina a housemaid who was caught in the act of carting away the furniture of her employer
would be charged of what crime?
a. Theft
b. Robbery
c. Qualified theft
d. Estafa

130. Altering the place of a mojon in the lot to insure that the property would be larger when
surveyed is a crime of:
a. Estafa
b. Chattel mortgage
c. Usurpation
d. Altering boundaries or landmarks
131. It is estafa or defrauding another by abuse of confidence, false pretenses or any similar
means.
a. Swindling
b. Brigandage
c. Usurpation
d. All of the foregoing
132. A college professor having sexual intercourse with his student is guilty of what crime?
a. Seduction
b. Qualified seduction
c. Abduction
d. None of the foregoing
133. Joe recruited several barrio mates to engage in the sex trade, what crime was committed?
a. Prostitution
b. White slave trade
c. Slavery
d. None of the above
134. A person who forced his girlfriend to elope with him is guilty of what crime?
a. Forcible abduction
b. Consented abduction
c. Seduction
d. Qualified seduction
135. Dingoy was able to have carnal knowledge with Maria his girlfriend while the latter was
drunk, what crime was committed?
a. Acts of lasciviousness
b. Rape
c. Qualified seduction
d. None of the foregoing
136. Having carnal knowledge with a 16 year old girl with the use of deceit constitutes what
crime?
a. Seduction
b. Abduction
c. Acts of lasciviousness
d. Rape
137. A public and malicious imputation of a crime, vice or defect.
a. Libel
b. Slander by deed
c. Slander
d. Incriminatory machination

138. Police officers to ensure conviction of the suspects were caught planting evidence, may be
held liable for what offense?
a. Libel
b. Slander
c. Slander by deed
d. Incriminatory machination
139. Unlawful extortion of money by threats of accusation or exposure.
a. Slander
b. Libel
c. Coercion
d. Blackmail
140. Voluntary but without malice failing to do an act from which material damage results by
reason of inexcusable lack of precaution on the part of the person performing the act
a. Negligence
b. Imprudence
c. Reckless imprudence
d. Reckless negligence

CASE STUDY 1
Akong, a cook in a local restaurant always fearing of bad elements is very cautious man. One
night before going to bed, he locked himself in his room placing a chair against the door. Hours later,
he was awaken by someone trying to open the door. He called out twice, “who is there?”, but
received no reply. Fearing that the intruder was a robber, he leaped from his bed and shouted “if you
enter the room I will kill you!” At that moment, 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 kniefe and struck
and fatally wounded the intruder who turned out to be his roommate Alex.

Questions:

141. Assuming that Akong is liable under the following circumstances, what crime has he
committed?
a. Frustrated murder
b. Frustrated homicide
c. Serious physical injury
d. Attempted
142. Which of the following evidence is least material to the case?
a. Chair
b. Bed
c. Knife
d. The warning
143. Which among the following specific circumstance may be invoked by Akong?
a. Treachery
b. Mistake of fact
c. Accident
d. Mistake of identity
144. Which among the following circumstance affecting criminal liability, in general applies in this
situation?
a. Justifying
b. Aggravating
c. Mitigating
d. Exempting

CASE STUDY 2:
X and Y are neighbors, during a drinking session, X punched Y without any provocation. Y’s
injuries required medical attendance for a period of 5 days.

Questions:

145. What was the crime committed by X?


a. Slight physical injuries
b. Ill treatment
c. Serious physical injuries
d. Less serious physical injuries
146. Considering the facts, the policeman on the case should?
a. File the case directly with the court
b. File the case before the prosecutor’s office
c. File the case himself before the Barangay Court
d. Instruct Y to refer the matter first before the Barangay Court
147. Assuming that X was drunk at the time of the committed the offense; his drunkenness would
be considered as:
a. Mitigating circumstance
b. Exempting circumstance
c. Alternative circumstance
d. Aggravating circumstance
148. Should the result of the blow of X was death to Y, the investigator on case should
concentrate and stress on:
a. Whether or not X was drunk
b. Whether or not there was really no intent to kill
c. Whether or not Y was also drunk
d. The Barangay court has no jurisdiction

CASE STUDY 3:
Dr. Durante had frequently quarreled with his wife Veronica due to his illicit relation with his
secretary, he decided at the spur of the moment to kill his wife after the latter slapped him. He
mixed poison in her milk, but when his wife drunk it, He employed his medical skills in
extracting the substance from her stomach thereby preventing her death.

Questions:

149. What crime/ stage has been committed/ reached by the acts of Dr. Durante?
a. Attempted parricide
b. Frustrated parricide
c. Consummated parricide
d. Consummated physical injuries
150. Should there be no marriage between Dr. Durante and Veronica, what crime was committed
by Dr. Durante?
a. Physical injuries
b. Homicide
c. Murder
d. Parricide

CASE STUDY 4:
C and B are brothers, by promise of price C induced A to kill B, who was living on a remote
island. D the owner of the only motor boat in that area and knowing of the criminal design of A
and C, offered his service and transported A to the island. Once there, A alone killed B by
shooting the latter while sleeping.

Questions:
151. What crime has been committed?
a. Homicide
b. Parricide
c. Infanticide
d. Murder
152. What was the criminal participation of C in the killing of his brother?
a. Principal by direct participation
b. Principal by induction
c. Principal by indispensable cooperation
d. Accomplice
153. The owner of the motor banca D is liable as a:
a. Principal by direct participation
b. Principal by induction
c. Principal by indispensable cooperation
d. Accomplice
154. What was the crime did C committed?
a. Homicide
b. Parricide
c. Infanticide
d. Murder
155. Assuming that A took several jewelry from B, and gave it to his wife who knew where it came
from and the latter sold it for profit, what was the criminal participation of the wife of A?
a. Principal
b. Accessory
c. Accomplice
d. None of the above
CRIMINAL PROCEDURE

1. Which among the foregoing may not be filed by the accused before arraignment?
a) Motion to quash
b) Motion to suspend proceedings
c) Bill of lading
d) Bill of particulars

2. Demurrer to evidence may filed:


a) After the prosecution has rested its case
b) After arraignment
c) After trial
d) After the defense has rested its case

3. Arraignment may be suspended in the following situations; except:


a) A petition for review of the resolution of the prosecutor is pending with the department of
justice
b) There exists a prejudicial question
c) The accused has been found to be of an unsound mental condition
d) There is probable cause to hold the accused for trial.

4. Which among the following may not be undertaken during pre-trial?


a) Marking of evidence
b) Examination witnesses
c) Stipulation of facts
d) Plea bargaining

5. For offenses punishable by prison mayor of higher, a provisional dismissal shall become
permanent_______ after the issuance of order without the case having been revived.
a) Six months
b) One year
c) Two years
d) Three years

6. Refers to the party appealing the case


a) Accused
b) Appellee
c) Adverse party
d) appellant

7. The rules allows the proceeding in the instant case to be re-opened to avoid miscarriage of
justice:
a) After the promulgation of judgment
b) Before promulgation of judgment
c) After finality of the judgment for conviction
d) Before the finality of judgment of conviction

8. The following are valid venue for the application for search warrant, except:
a) Any regional trial court
b) Any court within whose territorial jurisdiction the crime was committed
c) Any court within the judicial region where the crime was committed
d) Any court within the judicial region where the warrant may be enforceable.

9. Decisions of the Regional Trial Court may be appealed to the Court of Appeals by:
a.) Petition for certiorari
b.) Petition for review
c.) Petition for review on certiorari
d.) Notice of appeal

10. Within how many days after the prosecution has rested its case, may a motion for leave to file
demurrer to evidence be filed?
a.) 5 days
b.) 10 days
c.) 15 days
d.) 30 days

11. Preliminary investigation is required before the filing of information or complaint where penalty
for the offense is:
a.) At least 4 years, 2 months and 1 day
b.) At least 6 years
c.) Exceeding 6 years
d.) Exceeding 4 years, 2 months and 1 day
12. Which among the foregoing pleadings may be filed in a criminal case?
a.) Cross claim
b.) Counterclaim
c.) Third party complainant
d.) Counter-affidavit

13. When may the reservation of the right to institute a separate civil action shall be made?
a) Before the presentation of evidence of the prosecution
b) Before the prosecution rests
c) Before arraignment
d) During the pre-trial conference

14. The following except one, are valid venues, where may petition for suspension of criminal
action by reason of a pending prejudicial question is a civil proceeding:
a.) Office of the prosecutor
b.) The court where the criminal case is pending
c.) The court where he civil case is pending
d.) The court conducting preliminary investigation

15. The foregoing offenses shall only be prosecuted upon a complaint of the offended party, her
parents or grandparents except:
a.) Rape
b.) Abduction
c.) Seduction
d.) Acts of lasciviousness

16. In designating the offense, which among the following is not included in the complaint or
information?
a.) Name of the offense
b.) Mitigating circumstances
c.) Acts which constitute the offense
d.) Aggravating circumstances

17. Civil action for the recovery of civil damages arising from a criminal offense is deemed
instituted with the criminal action. This rule does not apply in the following cases except:
a.) When the offended party institutes the criminal action
b.) When the offended party waives the civil action
c.) When the offended party institutes the civil action before the criminal action
d.) When the offended party reserves the right to institute a separate civil action

18. Amendment without court permission may be allowed in the following instances except:
a.) Amendment as to form
b.) Amendment that downgrade the nature of the offense
c.) Amendment as to substance
d.) Amendment that reflects typographical errors.

19. In a preliminary investigation, which among the following may not be submitted by the
respondent?
a.) Motion to dismiss
b.) Counter affidavit
c.) Supporting documents
d.) Witnesses’ counter affidavit

20. Where a preliminary investigation has been undertaken, warrant of arrest is not necessary in
the following circumstances, except:
a.) When the penalty for the offense is a fine
b.) When there is probable cause
c.) When warrant of arrest has already been issued
d.) When the information or complaint has been filed under section 7, rule 112.

21. Refers to the authority of the court to hear and decide cases.
a.) Venue
b.) Criminal procedure
c.) Jurisdiction
d.) Jurisprudence

22. Summary procedures may be applied in the following cases, except;

a.) Violation of rental laws


b.) Violation of traffic laws, rules and regulations
c.) Violation of city or municipal ordinances
d.) Criminal case where the penalty prescribed for by law is imprisonment not
exceeding six years
23. Court which exercises jurisdiction over cases involving RA 3019
a.) Supreme court
b.) Court of appeals
c.) Regional Trial court
d.) Sandiganbayan

24. In the Metropolitan Trial Courts, the compliant may be filed with:
a.) Office of the prosecutor
b.) Office of the clerk of court
c.) Office of the judge
d.) Office of the ombudsman
25. Which among the following is not an essential requisite of a complaint or an information?
a.) It must be filed in court
b.) It must be in writing
c.) It must be in the name of the People of the Philippines
d.) It must be with the office of the prosecutor

26. Generally, the following are requisites for an information except:


a.) The offended party
b.) Any peace officer
c.) Any public officer charged with the enforcement of the law violated
d.) Any fiscal
27. In Crimes involving adultery and concubinage, who may file the complaint?
a.) The prosecutor
b.) Any public officer charged with the enforcement of the law violated
c.) The offended spouse
d.) All of the foregoing

28. The information or complaint should state the following except:


a.) Name of the accused
b.) Name of the offended party
c.) Name of the court
d.) Designation of the offense by statute

29. When may the offended party be allowed to intervene in criminal cases?
a.) When he has not waived the civil action
b.) When he has waived the civil action
c.) When he has filed the civil action before filing the criminal case
d.) When he has expressly reserved the right to institute a separate civil action

30. When may bail be considered as a matter of discretion?


a.) In capital offenses
b.) In cases involving graft and corrupt practices of government officials.
c.) In cases punishable by penalties which are not afflictive
d.) In capital offenses when the evidence of guilt is strong

31. When may bail bond be cancelled?


a.) Acquittal of the accused
b.) Dismissal of the case
c.) Execution of the final judgment of conviction
d.) All of the foregoing

32. In fixing the amount of bail, which among the following is not essential?
a.) Age and health of the accused
b.) Character and reputation of the accused
c.) Probability that the accused will appear in the trial
d.) None of the foregoing

33. If the crime charged is unclear, what motion may be filed before arraignment?
a.) Bill of particular
b.) Motion for new trial
c.) Motion to quash
d.) Motion to dismiss

34. When an accused is discharged as a state witness, it is comparable to:


a.) Reprieve
b.) Acquittal
c.) Conviction
d.) Commutation

35. Arraignment may be suspended when the accused appears to be of unsound mental condition
or the court finds the existence of a _____.
a.) Valid prejudicial question
b.) Motion to quash
c.) Motion to dismiss
d.) Bill of particulars

36. In cases punishable by destierro, how many days or preventive detention is prescribed for by
law?
a.) 5 days
b.) 15 days
c.) 30 days
d.) 60 days
37. Where may the application for bail be filed?
a.) Office of the prosecutor
b.) Office of the Ombudsman
c.) Court where the case is pending
d.) All of the foregoing

38. Ground for demurrer to evidence:


a.) Insufficiency of evidence
b.) Irrelevant evidence
c.) Motion to quash
d.) Prejudicial question
39. Refers to an undertaking constituted as a lien on real property given as a security for the
amount of bail.
a) Surety bond
b) Property bond
c) Recognizance
d) Bail

40. A counsel de officio is generally given how many days to prepare for trial?
a.) 2 days
b.) 3 days
c.) 5days
d.) 15 days

41. What determines the jurisdiction in criminal cases?


a.) Subject matter
b.) Territory
c.) Person accused
d.) Extent of the penalty

42. This system of criminal justice is conducted either at the initiative of the public prosecutor or
the offended party and the right to appeal is limited to the defense.
a.) Fixed
b.) Mixed
c.) Inquisitorial
d.) Accusatorial
43. Defines as a method fixed by law for the apprehension and prosecution of persons alleged to
have committed a crime, and for their punishment in case of conviction.
a.) Criminal justice system
b.) Rules of court
c.) Criminal procedure
d.) Rules of procedure
44. A system characterized by the right to confrontation, to a public trial and be heard by
competent counsel.
a.) Fixed
b.) Mixed
c.) Inquisitorial
d.) Accusatorial
45. Refers to a territorial unit where the power of the court is to be exercised.
a.) Venue
b.) Jurisdiction
c.) Jurisprudence
d.) Trial courts
46. The prudence in witness examination is:
a.) Direct, cross, re-direct, re-cross examination
b.) Direct, re-direct, cross, re-cross examination
c.) Cross, direct, re-direct, re-cross examination
d.) Cross, direct, re-cross, re-direct examination
47. In the Philippines, the system of criminal procedure is:
a.) Fixed
b.) Mixed
c.) Inquisitorial
d.) Accusatorial
48. A sworn statement charging a person with an offense subscribed by the offended party, any
peace officer or other peace officer charged with the enforcement of the law violated.
a.) Complaint
b.) Charge sheet
c.) Blotter
d.) information
49. Authority to hear and decide a case.
a.) Venue
b.) Jurisdiction
c.) Jurisprudence
d.) Hearing
50. Jurisdiction of the court is said to be _________ when the law organizing a court does not
expressly enumerate the cause of which it may take cognizance.
a.) Limited
b.) General
c.) Appellate
d.) Original
51. Which among the following may not be filed before the judgment become final?
a.) Motion to quash
b.) Motion for reconsideration
c.) Motion for new trial
d.) Notice of appeal
52. Validity of the warrant of arrest expires:
a.) After 10 days
b.) After 30 days
c.) After 365 days
d.) No fixed duration
53. Lifetime of search warrant:
a.) 10 days
b.) 30 days
c.) 45 days
d.) 60 days
54. In criminal cases, the People of the Philippines is the:
a.) Plaintiff
b.) Complainant
c.) Offended party
d.) Aggrieved party
55. In civil cases the person charged is called:
a.) Accused
b.) Suspect
c.) Defendant
d.) Respondent
56. Refers to an accusation in writing charging a person with an offense subscribed by the fiscal
and filed with the court.
a.) Complaint
b.) Charge sheet
c.) Blotter
d.) Information
57. Prescription of the crime commence to run:
a.) Upon re-appearance of the accused
b.) Upon escape of the accused
c.) Upon discovery of the crime by the offended party
d.) Upon filing of the complaint or information
58. The duty of the party to present evidence to establish his claim is referred to as:
a.) Burden of proof
b.) Burden of evidence
c.) Bill of particulars
d.) Presentation of evidence
59. The law expanding the jurisdiction of the MTC.
a.) RA 7691
b.) RA 7961
c.) RA 7975
d.) RA 7195
60. Which among the following is not covered by the rules on summary procedures?
a.) Violation of traffic laws
b.) Violation of rental laws
c.) Where the penalty does not exceed 6 months imprisonment
d.) Where the penalty is more than six months imprisonment
61. In criminal cases, the person charged is referred to as:
a.) Accused
b.) Suspect
c.) Defendant
d.) Respondent

62. The part of trial wherein the civil aspect of the case amy be amicably settled.
a.) Plea bargaining
b.) Hearing
c.) Preliminary Investigation
d.) Pre-trial
63. In administrative cases the person charged is:
a.) Accused
b.) Suspect
c.) Defendant
d.) Respondent

64. It is usually referred to as the court of first instance.


a.) Metropolitan trial court
b.) Regional trial court
c.) Court of appeals
d.) Supreme court
65. In rape cases, who among the following may file a complaint?
a.) Offended part
b.) Peace Officer
c.) Public officer charged with enforcement of the law violated
d.) All of the foregoing
66. Who among the following may not conduct a preliminary investigation?
a.) City or provincial fiscals and their assistants
b.) Judges of the MTC’s
c.) National and regional prosecutor
d.) DOJ personnel

67. Taking of a person into custody in order that he may be bound to answer for the commission of
an offense.
a.) Detention
b.) Restraint
c.) Arrest
d.) Seizure
68. Refers to persons given by law the duty and power to exercise jurisdiction and maintenance of
peace and order as well as the protection of life liberty and property.
a.) Persons in authority
b.) Judges
c.) Policemen
d.) Prosecutor
69. Refers to a security given for the temporary release of a person in the custody of the law.
a.) Bond
b.) Bail
c.) Surety
d.) Insurance
70. Which among the following is a non-bailable offense
a.) Rape
b.) Homicide
c.) Robbery
d.) Libel
71. It is not necessity to file a complaint or information:
a.) name of the court
b.) name of the accused
c.) name of the offended party
d.) designated of the offense by stature
72. the authority of the court to take cognizance of the case in the first instance is regarded as:
a.) General Jurisdiction
b.) Original Jurisdiction
c.) Delegated Jurisdiction
d.) Appellate Jurisdiction
73. Judiciary Reorganization Act:
a.) PD 968
b.) PD 1612
c.) BP 129
d.) BP 22
74. In the metropolitan courts, the complaints is filed with the:
a.) Office of the Secretary of Justice
b.) Office of the clerk of court
c.) Office of the Ombudsman
d.) Office of the prosecutor
75. Cases on appeal on judgment rendered by a Municipal Trial Court shall be elevated where?
a.) Metropolitan Trial Court
b.) Regional Trial Court
c.) Court of appeals
d.) Supreme Court
76. Decisions rendered by the Court of appeals may be further elevated to what court?
a.) Metropolitan Trial Court
b.) Regional Trial Court
c.) Court of appeals
d.) Supreme Court
77. A judicial examination and determination of the issues in an action or proceeding, civil or
criminal.
a.) Plea trial
b.) Pre trial
c.) Plea bargaining
d.) Trial
78. Period provided for by law to pose an appeal after receipt of judgment of conviction.
a.) 5 days
b.) 10 days
c.) 15 days
d.) 30 days
79. Order of trial is:
a.) Prosecution, rebuttal, defense, submission for decision
b.) Defense, prosecution, rebuttal, submission for decision
c.) Prosecution, defense, rebuttal, submission for decision
d.) Defense, rebuttal, prosecution, submission for decision
80. A person designated by court to assist destitute litigants.
a.) Venue
b.) Jurisdiction
c.) Jurisprudence
d.) Territory
81. A person designated by the court to assist destitute litigants.
a.) Counsel
b.) Attorney on record
c.) Attorney at law
d.) Counsel de officio
82. It refers to the answer given by the accused to a charge or indictment.
a.) Reply
b.) Motion
c.) Plea
d.) Confession
83. Generally, after a plea of not guilty is entered, 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
84. Refers to the adjudication by the court that the accused is guilty of not guilty of the offense
charged, and the imposition of proper penalty and civil liability provided for by law on the
accused.
a.) Conviction
b.) Judgment
c.) Decision
d.) Conclusion
85. Days mandated by law for the perfection of a decision
a.) 10 days
b.) 15 days
c.) 30 days
d.) 45 days
86. the foregoing personal property may be considered as objects of the search warrant, except
those which are:
a.) Subject of the offense
b.) Stolen or embezzled and other fruits of the crime
c.) Sued or intended to be sued as a means of committing an offense
d.) property of the accused
87. A move for the annulment of the criminal charge made by an accused is:
a.) Plea bargaining
b.) Motion to quash
c.) Motion to dismiss
d.) Bill of particulars
88. When can arrest be made?
a.) At any day
b.) At any time of the day
c.) At any time of the night
d.) At any time of the day or night
89. Cases wherein the penalty does not exceed 6 months fall under the rule on:
a.) Civil procedure
b.) Criminal procedure
c.) Summary procedure
d.) Special procedure
90. The existence of a prejudicial question may cause the suspension of the:
a.) Arrangement
b.) Judgment
c.) Trial
d.) Preliminary investigation
91. Who among the following is not authorized to conduct a preliminary investigation?
a.) PNP chief
b.) City prosecutors
c.) MTC judges
d.) Provincial prosecutors
92. Upon learning that a complaint or information has been filed without a preliminary
investigation, within how many days is allowed by the rules for the accused to ask for a
preliminary investigation?
a.) 5 days
b.) 10 days
c.) 15 days
d.) 30 days
93. If the judgment rendered by the trial court changes the nature of the offense form an non-
bailable to bailable, where can the bail application be resolved?
a.) Appellate court
b.) Trial court
c.) RTC
d.) MTC
94. In which of the following instances is bail not considered as a matter of right?
a.) Before conviction of the RTC imposing the death penalty
b.) Before conviction of the RTC
c.) before conviction by the MTC
d.) Before conviction of the RTC of an offense not punishable by death
95. Which among the following offense where bail may be applied?
a.) frustrated murder
b.) Rape
c.) Parricide
d.) Murder
96. Refers to an offense under the law existing at the time of the commission and application for
admission to bail may be punished with death
a.) Heinous crime
b.) Special crime
c.) Capital punishment
d.) Capital offense
97. A person may be released on bail in the following forms, except:
a.) Corporate surety
b.) Recognizance
c.) Property bond
d.) Performance bond
98. In the following instances the accused is allowed under the rules to plead except:
a.) At the arraignment
b.) Upon entering his plea
c.) After arraignment but before trial
d.) During trial

99. When may the accused admitted to bail be allowed to question the legality of his arrest?
a.) Before trial
b.) Before arraignment
c.) Before the preliminary investigation
d.) Before conviction
100. An accused who pleads guilty but offers exculpatory evidence will cause an effect of:
a.) He is making a conditional plea
b.) A plea of not guilty and will eventually be convicted
c.) He shall be treated as guilty and will eventually be convicted
d.) He will be treated as refusing his plea.
CRIMINAL EVIDENCE
1. It means any waters on the sea coast which are without boundaries of low-water mark.
a.) International waters
b.) Interior waters
c.) High seas
d.) Maritime zone

2. They refer to courts of justice or judges of said vested with power to order the temporary
detention or confinement of any person charged with committing an offense
a.). Judiciary
b.) Bench
c.) Judicial authorities
d.) Persons in authority

3. In trying to use self-defense in a homicide case, who has the burden of proof?
a.) Prosecution
b.) Defense
c.) Court
d.) Psychologist / psychiatrist

4. Any form of attestation by which a person signifies that he is bound in conscience to perform
an act truthfully or faithfully.
a.) Affidavit
b.) Oath
c.) Testimony
d.) Confession

5. A sworn statement in writing


a.) Affidavit
b.) Oath
c.) Testimony
d.) Confession
6. Any visible sign capable of distinguishing the goods or services of an enterprise.
a.) Mark
b.) Trademark
c.) business mark
d.) Service mark

7. A designation which identifies an enterprise


a.) Mark
b.) Trademark
c.) business mark
d.) Service mark
8. In the crime of rape, this is usually the most common form of evidence to prove the charge.
a.) Medico legal testimony
b.) Testimony of the victim
c.) Testimony of the witnesses
d.) All of the above

9. After raping Josefa, Jose went on to marry the former, however a sudden turn of events urged
Josefa to file a criminal case of rape against her husband, what evidence would be most vital
to aid in Jose his defense?
a.) Marriage settlement
b.) His testimony
c.) Testimony of the witnesses
d.) Marriage contract between them

10. Home of the husband and wife


a.) House
b.) Dwelling place
c.) Home
d.) Conjugal dwelling
11. It consists of any reprehensible deed or word that offends public conscience.
a.) Scandal
b.) Unjust vexation
c.) Indignity
d.) Disgrace

12. What is needed to be proven that scandalous circumstance is an element in the crime of
concubinage?
a.) If the man is legally married
b.) If the mistress is kept outside the conjugal dwelling
c.) If the mistress is a relative
d.) If the mistress is a virgin

13. It means dwelling together as husband and wife.


a.) Cohabit
b.) Marriage
c.) Live- in
d.) Joint household

14. They should be objected to at the time they are being offered in court.
a.) Oral evidence
b.) Documentary evidence
c.) Expert evidence
d.) Testimonial evidence

15. To appreciate this evidence, it is always a question of logic and experience.


a.) Real evidence
b.) Object evidence
c.) Relevant evidence
d.) Material evidence

16. Evidence whose admission is prohibited by law.


a.) Incompetent evidence
b.) Unreal evidence
c.) Inadmissible evidence
d.) None of the above

17. Which among the following may be considered as subjects requiring expert opinion?
a.) Medical science
b.) Forensic science
c.) Undeciphered writings
d.) All of the foregoing

18. When it prompts the witness to give an answer the examiner wants to hear it is said to be:
a.) Leading question
b.) Misleading question
c.) Compound question
d.) General question

19. What did you observe after they got married is an example of a
a.) Compound question
b.) Leading question
c.) Misleading question
d.) General question

20. A question which is made up of two or more queries connected by conjunctions and or.
a.) Compound question
b.) Leading question
c.) Misleading question
d.) General question
21. The following are the criteria used to determine whether or not a child regardless of age may
be considered as a component witness, except:
a.) Capacity of observation
b.) capacity of recollection
c.) Capacity of communication
d.) None of the foregoing

22. What must be established, in addition to sexual intercourse in case of rape?


a.) Use of force or intimidation by the offender
b.) Resistance on the part of the victim
c.) Sterility on the part of the offender
d.) All of the foregoing

23. When may evidences be considered as admissible in court?


a.) When it is relevant to the issue
b.) When it is not excluded by the law or the rules of court
c.) When it is competent
d.) All of the foregoing

24. Refers to statement made by the litigants in the judicial proceedings.


a.) Judicial notice
b.) Judicial admissions
c.) Judicial confessions
d.) Pleadings

25. Those evidences which results in the greatest certainty of the fact in question?
a.) Primary or best evidence
b.) Secondary evidence
c.) Competent evidence
d.) Conclusive evidence

26. Refers to evidence which indicates that a better kind of evidence exists.
a.) Primary or best evidence
b.) Secondary evidence
c.) Competent evidence
d.) Conclusive evidence
27. It forbids the addition or contradiction in terms of a written instrument by testimony purporting
to show that other or different terms were orally agreed upon by the parties.
a.) Best evidence rule
b.) Parol evidence rule
c.) Hearsay rule
d.) Res Gestai rule

28. Marital disqualification may apply, except:


a.) Those spouses was legally married
b.) The husband is a party to the case
c.) The wife is a party to the case
d.) it involves civil cases files by one against the other

29. Refers to matters which are learned in confidence


a.) Private communication
b.) Privilege communication
c.) Dying declaration
d.) Confidential communication

30. The following are requisites for the disqualification based on attorney-client privilege, except:
a.) Existence of an attorney client relation
b.) Communication was made in the course of professional employment
c.) No consent was given by the client to the attorney testifying thereon
d.) None of the above
31. When may a descendant be compelled to witness against his parents or grand parents?
a.) A crime against him
b.) A criminal case by one the parent against the other
c.) A criminal case by one grand parent against the other
d.) All of the foregoing

32. An agreement made between two or more parties as a settlement of matters in question.
a.) Compromise
b.) Stipulation
c.) Plea bargaining
d.) Contract

33. In admission by third party, the rightof the party cannot be prejudice by an act, declaration or
omisson of another, except
a.) Admission of a co-partner/ joint owner or debtor.
b.) Admission by conspirator
c.) Admission of agent or privies
d.) All of the foregoing

34. Admission by agents shall be allowed when:


a.) The agency is proved by evidence other the admissions itself
b.) The admission was made during the existence of the agency
c.) The admission refers to a matter within the scope of his authority
d.) All of the foregoing

35. A dying declaration may be admisible as evidence in cases except:


a.) Imminent death by the declarant is conscious by facts
b.) The declaration must concern the crime regarding the declarant's death
c.) The declarant is a competent witness and the declaration is offered in a criminal case
wherein the declarant's death is subject to the injury.
d.) None of the above

36. Refers to interference which the law makes premptory that will not allow them to be overturned
by any contrary proof.
a.) Presumption
b.) Conclusive presumption
c.) Disputable presumption
d.) Estoppel

37. A witness of adverse party may be inpreached except:


a.) A contradictory evidence
b.) By evidence of his general reputation and integrity, and conviction of a crime involving
moral turpitude
c.) By evidence of other statements made by the witness which are inconsitenrt
d.) None of the above

38. Refers to the special entry of the proceedings in the court of justice.
a.) Judicial notice
b.) Judicial record
c.) Blotter
d.) Official record

39. When may circumstancia evidence be sufficient to obtain conviction?


a.) There is more than one circumstance
b.) The facts from which the interference are derived were proven
c.) When combined proof beyond reasonable doubt
d.) All of the foregoing

40. Which of the following are not elements of corpis delicti?


a.) The accused need not necessarily the doer of the act
b.) Some person is criminally responsible for the act
c.) That a certain procedure has been produced
d.).None of the foregoing

41. Which of the following may be used as evidence in judicial proceding?


a.) Privilege declaration
b.) Dying declaration
c.) Filial privilege
d.) Parental privilege

42. In PD 1612, the possession of stolen goods is:

a.) Evidence against the abuse


b.) Means that the accused is not the owner
c.) Means that the accused is an accessory to the crime
d.) Prima facie evidence of fencing

43. Occurs when the evidence adduced proves the disputed fact:
a.) Cumulative
b.) Corroborative
c.) Circumstantial
d.) Releveant

44. Evidence of this kind are those which are capable of perception.
a.) Testimonial
b.) Corroborative
c.) Real
d.) Material

45. A priest may not be able to testify on pertinent matters to the csse of said conversation or
facts relates to that told in the confession made by the
a.) Penitent
b.) Patient
c.) Client
d.) Secretary

46. Who among the following are automatically disqualified to take the witness stand?
a.) Sick person
b.) Children
c.) Homosexual and lesbian
d.) Insane persons

47. An evidence which shows that the best evidence existed as to proof of the fact in question.
a.) Real evidence
b.) Best evidence
c.) Second evidence
d.) Res gestae

48. Legal fitness of witness to be heard in the trial.


a.) Admissibility
b.) Competency
c.) Qualification
d.) Eligibility

49. Means sunctioned by the rules of court to ascertain the truth respecting a matter of fact.
a.) Proof
b.) Intent
c.) Motif
d.) Evidence

50. A duplicate receipt signed and carbon copied at the same time is in terms of its evidentiary
value is deemed as :
a.) Duplicate
b.) Original
c.) Authentic
d.) Genuine

51. Exemption to the hearsay rule made under the conciousness of an impeding death.
a.) Parol evidence
b.) Ante mortem statement
c.) Dead man statute
d.) Mi ultimo adios

52. When are children deemed not competent to qualify as a witness?


a.) They understand the obligation of the oath
b.) They have not reached the age of discernment
c.) They must have sufficient knowlege to receive just impressions as to the facts on which to
testify
d.) They can relate to thise facts truly to the court at the time they are offered as witness

53. That degree ofproof which produces in the mind of as unprejudice person, that morality
certainty or moral comviction that the accused did commit the offense charge.
a.) Ultimate fact
b.) Proof beyond reasonable doubt
c.) Preponderance of evidence
d.) Substantial evidence

54. Circumstantial facts and declarations incidental to the main facy, means things done:
a.) Factum probans
b.) Factum prbandum
c.) Res gestae
d.) Owes probandi

55. A person who gives testimonal evidence to a judiciary tribunal


a.) Witness
b.) Prosecution
c.) Defense
d.) Clerk of court

56. In this sort of action, a person mereley acknowledges certain facts but does not admit his guilt
a.) Testimony
b.) Admission
c.) Confession
d.) Extra-judicial confession

57. When a categorical statement of guilt was made before a competent tribunal we classify it as
a.) Confessions
b.) Admisson
c.) Judicial confession
d.) Extra-judicial confession

58. Any evidence whether oral or documentary wherein the probative value is not based on
personal knowledge of thw witness by from of another.
a.) Testimonial evidence
b.) Dying declaration
c.) Res gestae
d.) Hearsay

59. Refers to family history or descent


a.) Pedigree
b.) Tradition
c.) Inheritance
d.) Heritage
60. Obligations imposed upon a party to establish their alleged facts by proof are termed as
"burden of proof" what is its Latin translation.
a.) Factum probans
b.) Factum probandum
c.) Owe probandi
d.) Owes probandi

61. The probative value given by the court to a particular evidence.


a.) Preponderance of evidence
b.) Evidentiary facts
c.) Ultimate facts
d.) Weightof evidence

62. A degree of proof below that of proof beyond reasonable doubt which taken in its entirely is
superior to that of another.
a.) Best evidence
b.) Secondary evidence
c.) Preponderence of evidence
d.) Weight of evidence

63. The body of a crime


a.) Corpus delicti
b.) Real evidence
c.) Autoptic evidence
d.) Physical evidence

64. Which among the foregoing is not part of the judicial rule for sufficiency of circumstancial
evidence to convict an accused.
a.) There is more than one circusmtance
b.) The facts from which the interference are derived must be proved.
c.) The conbination of all the circumstance is such as to produce a conviction beyond
reasonable doubt
d.) It must be of judicial recognizance.

65. Minimum number of witnesses required in rape case to secure a conviction.


a.) 1
b.) 2
c.) 3
d.) None

66. Presumption which the law makes so preemptory that it will not allow them to be reversed ny
any contrary evidence.
a.) Presumption
b.) Dispute presumption
c.) Conclusion
d.) Conclusive presumption

67. Logocal nwcessity which restd upon a party at any particular yime during yhe trail to create a
prima facie case in his own favor or to overthrow one creared against him.
a.) Res gestae
b.) Burden of evidence
c.) Burden of proof
d.) Estoppel

68. It is a bar which includes a person from denying or asserting anything to the contrary of
established truth.
a.) Res gestae
b.) Estoppel
c.) Burden of proof
d.) Burden of evidence

69. These questions suggest to the witness the answers to which an examining party requires.
a.) Leading
b.) Misleading
c.) Estoppel
d.) Res gestae

70. A written act or record of acts of a soverign authority or private writing acknowledge before a
notary public.
a.) Public document
b.) Official document
c.) Private document
d.) Official record
71. Which among the following may disqualify a witness
. a.) Capacity of observation
. b.) Capacity of recollection
. c.) Capacity of knowledge
. d.) Capacity of communication
72. What would overturn an alibi and denial in a hearing?
a.) Testimony
b.) Evidence
c.) Proof
d.) Positve identification

73. Prescribes the governing rules on evidence?


a.) Revised penal code
b.) Constitution
c.) Rules on criminal procedure
d.) Rules of court

74. Factum probans means:


a.) Evidentiary fact
b.) Ultimate fact
c.) Weight of evidence
d.) Preponderance of evidence

75. Evidence which has some relation to what is sought to be proved.


a.) Relevant
b.) Material
c.) Competent
d.) Admissible

76. It affects an issue in an important or substantial matter.


a.) Relevant
b.) Material
c.) Competent
d.) Direct

77. Refers to an evidence of the same kind adduced to prove the same fact.
a.) Real
b.) Cumultive
c.) Corroborative
d.) Circumstantial

78. Refers to an evidence of the same kind adduced to prove the same fact.
a.) Real
b.) Cumultive
c.) Corroborative
d.) Circumstantial

79. Additional evidence of a different kind but tending to prove the same fact.
a.) Real
b.) Cumultive
c.) Corrovorative
d.) Circumstantial

80. Oral testimony given in open court.


a.) Real evidence
b.) Documentary evidence
c.) Testimonial evidence
d.) Admission evidence

81. An evidence deluvered in open court wherein the witness states that he does not know
whether a fact did or did not occur.
a.) Positive
b.) Negative
c.) Direct
d.) Circumstantila

82. An evidence which is sufficient to prove an issue unless overcimr or rebutted by other
evidences.
a.) Primary
b.) Secondary
c.) Prima Facie
d.) Best

83. Given by a person of specialized knowledge.in sime particular field.


a.) Primary
b.) Best
c.) Secondary
d.) Expert

84. That kind of eviden e which cannot be rebuttes or overcome.


a.) Primary
b.) Best
c.) Real
d.) Conclusive

85. Legal basis of inadmissibility of evidences obtained thru torture, threat, violence or intimidation.
a.) Sec 2 Bill of Rights
b.) Sec 3 Bill of Rights
c.) Sec 13 Bill of rights
d.) Sec 17 Bill of rights

86. Cognizance of certain facts which judges may properly take as fact because they are already
known to then
a.) Cognizance
b.) Judicial Admission
c.)Judicial knowledge
d.) Judicial Notice

87. One which assumes as true a fact not yet testified to by the witness, or contrary to that which
he has previosly stated.
a.) Leading
b.) Misleading
c.) Confusing
d.) Res gestae

88. In case of falsification of document what would be the best evidence?


a.) Authentic document
b.) Holographic document
c.) Questioned document
d.) Genuine document

89. When a witness affirms that a fact fid or did not occur, such testimony is said to be:
a.) Relevant evidence
b.) Material evidence
c.) Positive evidence
d.) Negative evidence

90. Which among the following may not be a means to impeach a judicial record?
a.) Want of jurisdiction in the court of judicial officer
b.) Collusion between the parties
c.) Fraud in the part offering the record
d.) Alterations

Você também pode gostar