CRIMINAL LAW BOOK TWO

Title One
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

CRIMES AGAINST NATIONAL SECURITY

126. Committed by any person who, owing allegiance to the Government of the
Philippine Islands, not being a foreigner, levies war against them or adheres
to their enemies, giving them aid or comfort within the Philippine Islands or elsewhere.
a. Treason b. Espionage

127. No person shall be convicted of treason unless on the testimony of two witnesses at
least to the same overt act or on confession of the accused in open court. This is the:
a. Two witness rule b. Proof beyond reasonable doubt

128. The penalty for Filipino citizen and resident alien who commit treason is the same. The
stament is:
a. True b. False

129. The conspiracy or proposal to commit the crime of treason shall be punished
respectively, by prision mayor and prision correctional respectively. The statement is:
a. Correct b. Not correct

130. Every person owing allegiance to the Government of the Philippine Islands, without
being a foreigner, and having knowledge of any conspiracy against them, conceals or does not
disclose and make known the same, as soon as possible to the governor or fiscal of the
province, or the mayor or fiscal of the city in which he resides, as the case may be, shall be
punished as an accessory to the crime of treason. Here, the one who is liable is punished
principal in the crime of:
a. Misprision of treason b. Treason itself

131. Which of these is an act of “espionage”?

a. Without authority therefor, enters a warship, fort, or naval or military establishment or
reservation to obtain any information, plans, photographs, or other data of a confidential
nature relative to the defense of the Philippine
b. Being in possession, by reason of the public office he holds, of the articles, data, or
information referred to in the preceding paragraph, discloses their contents to a representative
of a foreign nation.
c. All of these

132. Who is the father of organized military espionage?

a. Sun Tsu b. Frederick The Great

133. Which of these is Provoking war and disloyalty in case of war?

a. inciting to war and giving motives for reprisals
b. violation of neutrality
c. flight to enemy country
d. correspondence with enemy country
e. all of these

134. This is committed by any public officer or employee or any private individual, who, by
unlawful or unauthorized acts provokes or gives occasion for a war involving or liable to involve
the Philippine Islands or exposes Filipino citizens to reprisals on their persons or property.
a. inciting to war and giving motives for reprisals b. espionage

135. Committed by anyone who, on the occasion of a war in which the Government is not
involved, violates any regulation issued by competent authority for the purpose of enforcing
neutrality.
a. violation of neutrality b. Correspondence with hostile country
136. Any person who in time of war, shall have correspondence with an enemy country or
territory occupied by enemy troops.
a. violation of neutrality b. Correspondence with hostile country

137. Which of these is a basis for the imposition of penalty for the crime of correspondence
with hostile country?
a. The correspondence has been prohibited by the Government
b. The correspondence be carried on in ciphers or conventional signs
c. If notice or information be given thereby which might be useful to the enemy. If the
offender intended to aid the enemy by giving such notice or information.
d. All of these

138. Committed by any person who, owing allegiance to the Government, attempts to flee or
go to an enemy country when prohibited by competent authority. a. violation of neutrality b.
Flight to enemy country

139. Committed by any person who, on the high seas, or in Philippine waters shall attack or
seize a vessel or, not being a member of its complement nor a passenger, shall seize the whole
or part of the cargo of said vessel, its equipment, or personal belongings of its complement or
passengers. a. piracy in general on the high seas or in Philippine waters
b. mutiny

140. The penalty for piracy is reclusion perpetua. Is this the same penalty for mutiny in the
high seas or Philippine waters?
a. yes b. no

141. When is a piracy qualified? (Penalty Reclusion perpetua to death)

a. Whenever they have seized a vessel by boarding or firing upon the same;
b. Whenever the pirates have abandoned their victims without means of saving
themselves; or
c. Whenever the crime is accompanied by murder, homicide, physical injuries
or rape.
d. All of these

Title Two
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE 143. Committed by any public
officer or employee who, without legal grounds, detains a person.
a. kidnapping b. Arbitrary detention

144. There is only one penalty for arbitrary detention regardless of duration of detention.
The statement is:
a. true b. False

145. Which of these is a legal ground to detain another?

a. The commission of a crime
b. Violent insanity
c. Any other ailment requiring the compulsory confinement of the patient in a hospital
d. All of these

146. The penalty for arbitrary detention and delay in the delivery of detained persons to the
proper judicial authority is the same, as it will depend upon the length of detention? The
statement is:
a. true b. false

147. This is committed by any public officer or employee who shall detain any person for
some legal ground and shall fail to deliver such person to the proper judicial authorities within
the period of; twelve (12) hours, for crimes or offenses punishable by light penalties, or their
equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or
their equivalent and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or
capital penalties, or their equivalent.
a. expulsion
b. delay in the delivery of detained persons to the proper judicial authorities

148. The penalty for delaying release is the same as the penalty for arbitrary detention? This
is:
a. true b. false

149. This is committed by any public officer or employee who delays the performance of any
judicial or executive order for the release of a prisoner or detention prisoner, or unduly delays
the service of the notice of such order
to said prisoner or the proceedings upon any petition for the liberation of such person.
a. delaying release b. expulsion

150. This is committed by any public officer or employee who, not being thereunto
authorized by law, shall expel any person from the Philippine Islands or shall compel such
person to change his residence.
a. delaying release b. expulsion

151. Committed by any public officer or employee who, not being authorized by judicial
order, shall enter any dwelling against the will of the owner thereof, search papers or other
effects found therein without the previous consent of such owner, or having surreptitiously
entered said dwelling, and being required to leave the premises, shall refuse to do so.
a. trespass to dwelling b. Violation of domicile

152. Which of these is qualified violation of domicile?

a. If the offense be committed in the night-time
b. If any papers or effects not constituting evidence of a crime be not returned
immediately after the search made by the offender.
c. All of these

153. Committed by any public officer or employee who shall procure a search warrant
without just cause, or, having legally procured the same, shall exceed his authority or use
unnecessary severity in executing the same.
a. Search warrant maliciously obtained and abuse in the service of those
legally obtained.
b. Violation of domicile

154. Committed by any public officer or employee who, in cases where a search is proper,
shall search the domicile, papers or other belongings of any person, in the absence of the latter,
any member of his family, or in their default, without the presence of two witnesses residing in
the same locality.
a. searching domicile without witnesses b. arbitrary detention

155. The crime of Prohibition, interruption and dissolution of peaceful meetings is committed
by which of these means?
a. any public officer or employee who, without legal ground, shall prohibit or interrupt the
holding of a peaceful meeting, or shall dissolve the same.
b. any public officer or employee who shall hinder any person from joining any lawful
association or from attending any of its meetings.
c. any public officer or employee who shall prohibit or hinder any person from addressing,
either alone or together with others, any petition to the authorities for the correction of abuses
or redress of grievances. d. all of these

156. Which of these is Crimes against religious worship?

a. interruption of religious worship
b. offending the religious feelings
c. all of these
157. This is committed any public officer or employee who shall prevent or disturb the
ceremonies or manifestations of any religion.
a. interruption of religious worship
b. offending the religious feelings

158. What is qualified interruption of religious worship?

a. If the crime shall have been committed with violence or threats.
b. If the crime is committed by private persons

159. This is committed by anyone who, in a place devoted to religious worship or during the
celebration of any religious ceremony shall perform acts notoriously offensive to the feelings of
the faithful. a. interruption of religious worship
b. offending the religious feelings

Title Three
CRIMES AGAINST PUBLIC ORDER
160. They are committed by rising publicly and taking arms against the Government for the
purpose of removing from the allegiance to said Government or its laws, the territory of the
Philippine Islands or any part thereof, of any body of land, naval or other armed forces,
depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or
prerogatives.
a. Rebellion b. Insurrection c. All of these

161. This crime is a swift attack accompanied by violence, intimidation, threat, strategy or
stealth, directed against duly constituted authorities of the Republic of the Philippines, or any
military camp or installation, communications network, public utilities or other facilities needed
for the exercise and continued possession of power, singly or simultaneously carried out
anywhere in the Philippines by any person or persons, belonging to the military or police or
holding any public office of employment with or without civilian support or participation for the
purpose of seizing or diminishing state power.
a. rebellion b. Insurrection c. coup d’ etat

162. The law on Coup d’ etat

a. Article 134- A RPC b. RA 6968 c. All of these

163. Who among these is liable for rebellion and coup d etat?
a. Any person who promotes, maintains, or heads it.
b. Any person merely participating or executing the commands of others in a rebellion
c. Any person who leads or in any manner directs or commands others to undertake a
coup d'etat
d. Any person in the government service who participates, or executes directions or
commands of others in undertaking a coup d' etat.
e. Any person not in the government service who participates, or in any manner supports,
finances, abets or aids in undertaking a coup d' etat f. All of these

164. When the rebellion, insurrection, or coup d' etat shall be under the command of
unknown leaders who will be deemed the leaders of such?
a. any person who in fact directed the others, spoke for them, signed receipts and other
documents issued in their name, as performed similar acts, on behalf or the rebels.
b. any person who fail to resist rebellion or coup d’ etat within their powers

165. The penalty for conspiracy and proposal to commit coup d’ etat is greater than the
penalty for conspiracy and proposal to commit rebellion.
a. True b. False

166. This is committed by any public officers or employees who have failed to resist a
rebellion by all the means in their power, or shall continue to discharge the duties of their
offices under the control of the rebels or shall accept appointment to office under them.
a. Disloyalty of public officers and employees
b. Conspiracy to commit rebellion

167. This is committed by any person who, without taking arms or being in open hostility
against the Government, shall incite others to the execution of any of the acts specified in
article 134 of RPC (Rebeliion), by means of speeches, proclamations, writings, emblems,
banners or other representations tending to the same end.
a. Conspiracy to commit rebellion
b. Inciting to rebellion or insurrection

168. The crime of sedition is committed by persons who rise publicly and tumultuously in
order to attain by force, intimidation, or by other means outside of legal methods, which of
these?
a. To prevent the promulgation or execution of any law or the holding of any popular
election
b. To prevent the National Government, or any provincial or municipal government or any
public officer thereof from freely exercising its or his functions, or prevent the execution of any
administrative order;
c. To inflict any act of hate or revenge upon the person or property of any public officer or
employee
d. To commit, for any political or social end, any act of hate or revenge against private
persons or any social class
e. To despoil, for any political or social end, any person, municipality or province, or the
National Government, of all its property or any part thereof.
f. All of these

169. Which of these is not punishable?

a. Conspiracy to commit sedition
b. Inciting to sedition
c. Proposal to commit sedition

170. This is committed by any person who, without taking any direct part in the crime of
sedition, should incite others to the accomplishment of any of the acts which constitute
sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other
representations tending to the same end, or upon any person or persons who shall utter
seditious words or speeches, write, publish, or circulate scurrilous libels against or any of the
duly constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in
executing the functions of his office, or which tend to instigate others to cabal and meet
together for unlawful purposes, or which suggest or incite rebellious conspiracies or riots, or
which lead or tend to stir up the people against the lawful authorities or to disturb the peace of
the community, the safety and order of the Government, or who shall knowingly conceal such
evil practices.
a. proposal to commit sedition
b. inciting to sedition
c. all of these

171. CRIMES AGAINST POPULAR REPRESENTATION/ Crimes against legislative bodies and
similar bodies
a. Act tending to prevent the meeting of the Assembly and similar bodies.
b. disturbance of proceedings
c. violation of parliamentary immunity
d. all of these

172. Committed by any person who, by force or fraud, prevents the meeting of the National
Assembly (Congress of the Philippines) or of any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof, or of any provincial board or city
or municipal council or board.
a. violation of parliamentary immunity
b. act tending to prevent the meeting of the national assembly and similar bodies
173. Committed by any person who disturbs the meetings of the National Assembly
(Congress of the Philippines) or of any of its committees or subcommittees, constitutional
commissions or committees or divisions thereof, or of any provincial board or city or municipal
council or board, or in the presence of any such bodies should behave in such manner as to
interrupt its proceedings or to impair the respect due it.
a. disturbance of proceedings
b. violation of parliamentary immunity

174. Which of these is violation of parliamentary immunity?

a. any person who shall use force, intimidation, threats, or fraud to prevent any member
of the National Assembly (Congress of the Philippines) from attending the meetings of the
Assembly (Congress) or of any of its committees or subcommittees, constitutional commissions
or committees or divisions thereof, from expressing his opinions or casting his vote.
b. any public officer or employee who shall, while the Assembly (Congress) is in regular or
special session, arrest or search any member thereof, except in case such member has
committed a crime punishable under this Code by a penalty higher than prision mayor.
c. Both a and b

175. This is committed by the organizers or leaders of any meeting attended by armed
persons for the purpose of committing any of the crimes punishable under this Code, or of any
meeting in which the audience is incited to the commission of the crime of treason, rebellion or
insurrection, sedition or assault upon a person in authority or his agents.
a. illegal assemblies b. Illegal associations
c. both a and b

176. Persons merely present at illegal assemblies shall suffer the penalty of arresto mayor,
unless they are armed, in which case the penalty shall be prision correccional. Is this true?
a. yes b. no

177. If any person present at the illegal assemblies carry an unlicensed firearm, it shall be
presumed that the purpose of said meeting, insofar as he is concerned, is to commit acts
punishable under this Code, and he shall be considered a ________ of the meeting or illegal
assemblies.
a. Leader b. Organizer c. both a and b

As used in this article, the word "meeting" shall be understood to include a gathering or group,
whether in a fixed place or moving.

178. This is committed by the founders, directors, and presidents of associations totally or
partially organized for the purpose of committing any of the crimes punishable under this Code
or for some purpose contrary to public morals.
a. illegal assemblies b. Illegal associations

179. Mere members of illegal associations shall suffer the penalty of arresto mayor.
The statement is:
a. true b. false

179 - A. Which of these is a way of committing direct assault?

a. any person or persons who, without a public uprising, shall employ force or intimidation
for the attainment of any of the purpose enumerated in defining the crimes of rebellion and
sedition.
b. any person who shall attack, employ force, or seriously intimidate or resist any person in
authority or any of his agents, while engaged in the performance of official duties, or on
occasion of such performance. c. all of these
179-B. Committed by any person who not having committed direct assault shall resist or
seriously disobey any person in authority, or the agents of such person, while engaged in the
performance of official duties.
a. Resistance and disobedience to a person in authority or the agents of such
person
b. Direct assault

179-C. Unlawful use of means of publication and unlawful utterances is committed by which of
these?
a. Any person who by means of printing, lithography, or any other means of publication
shall publish or cause to be published as news any false news which may endanger the public
order, or cause damage to the interest or credit of the State;
b. Any person who by the same means, or by words, utterances or speeches shall
encourage disobedience to the law or to the constituted authorities or praise, justify, or extol
any act punished by law;
c. Any person who shall maliciously publish or cause to be published any official resolution
or document without proper authority, or before they have been published officially; or
d. Any person who shall print, publish, or distribute or cause to be printed, published, or
distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer's name,
or which are classified as anonymous. e. All of these

180. Which of these is qualified direct assault?

a. when the assault is committed with a weapon
b. when the offender is a public officer or employee
c. when the offender lays hands upon a person in authority.
d. all of these

181. Committed by any person who shall make use of force or intimidation upon any person
coming to the (aid of the authorities) or their agents (of a person in authority) on occasion of
the commission of any of the crimes of direct assault.
a. indirect assault b. indirect bribery

182. Disobedience to summons issued by the National Assembly, its committees or

subcommittees, by the Constitutional Commissions, its committees, subcommittees or
divisions, is committed by which of these means?
a. having been duly summoned to attend as a witness before the National Assembly,
(Congress), its special or standing committees and subcommittees, the Constitutional
Commissions and its committees, subcommittees, or divisions, or before any commission or
committee chairman or member authorized to summon witnesses, refuses, without legal
excuse, to obey such summons.
b. being present before any such legislative or constitutional body or official, refuses to be
sworn or placed under affirmation or to answer any legal inquiry or to produce any books,
papers, documents, or records in his possession, when required by them to do so in the
exercise of their functions.
c. any person who shall restrain another from attending as a witness, or who shall induce
disobedience to a summon or refusal to be sworn by any such body or official
d. all of these

183. The penalty for serious disobedience is arresto mayor, while simple disobedience is
arresto menor.
a. true b. false

184. Any person directly vested with jurisdiction, whether as an individual or as a member of
some court or governmental corporation, board, or commission, shall be deemed a person in
authority. A barrio captain and a barangay chairman shall also be deemed such.
a. person in authority b. agent of a person in authority

185. A person who, by direct provision of law or by election or by appointment by competent

authority, is charged with the maintenance of public order and the protection and security of
life and property, such as a barrio councilman, barrio policeman and barangay leader and any
person who comes to the aid of persons in authority, shall be deemed:
a. person in authority
b. agent of a person in authority
186. Teachers, professors and persons charged with the supervision of public or duly
recognized private schools, colleges and universities, and lawyers in the actual performance of
their professional duties or on the occasion of such performance, shall be deemed persons in
authority.
a. true b. false

187. Committed by any person who shall cause any serious disturbance in a public place,
office, or establishment, or shall interrupt or disturb public performances, functions or
gatherings, or peaceful meetings, if the act is not included in the provisions of Articles 131 and
132 of the RPC.
a. tumults and other disturbances of public order
b. alarms and scandals

188. The disturbance or interruption shall be deemed to be _______ if caused by more than
three persons who are armed or provided with means of violence.
a. charivari b. tumultuous

189. Burying with pomp the body of a person who has been legally executed is punishable
by:
a. death b. arresto menor

190. Alarms and scandals is committed by which of these?

a. Any person who within any town or public place, shall discharge any firearm, rocket,
firecracker, or other explosives calculated to cause alarm or danger;
b. Any person who shall instigate or take an active part in any charivari or other disorderly
meeting offensive to another or prejudicial to public tranquility;
c. Any person who, while wandering about at night or while engaged in any other
nocturnal amusements, shall disturb the public peace; or
d. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal
in public places, provided that the circumstances of the case shall not make the provisions of
Article 153 applicable. e. All of these

191. This is committed by any person who shall remove from any jail or penal establishment
any person confined therein or shall help the escape of such person, by means of violence,
intimidation, or bribery. If the escape of the prisoner shall take place outside of said
establishments by taking the guards by surprise this crime is also committed.
a. evasion of service of sentence
b. delivering prisoners from jail

192. This is committed by any convict who shall evade service of his sentence by escaping
during the term of his imprisonment by reason of final judgment. a. evasion of service of
sentence
b. delivering prisoners from jail

193. Which of these is qualified evasion of service of sentence?

a. such evasion or escape shall have taken place by means of unlawful entry
b. by breaking doors, windows, gates, walls, roofs, or floors, or by using picklocks, false
keys, deceit, violence or intimidation, or through connivance with other convicts or employees
of the penal institution
c. all of these

194. This is committed by a convict who shall evade the service of his sentence, by leaving
the penal institution where he shall have been confined, on the occasion of disorder resulting
from a conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which
he has not participated, shall suffer an increase of one-fifth of the time still remaining to be
served under the original sentence, which in no case shall exceed six months, if he shall fail to
give himself up to the authorities within forty-eight hours following the issuance of a
proclamation by the Chief Executive announcing the passing away of such calamity.
a. Evasion of service of sentence on the occasion of disorder, conflagrations,
earthquakes, or other calamities.
b. infidelity in the custody of prisoners

195. Committed by a convict who, having been granted conditional pardon by the Chief
Executive, shall violate any of the conditions of such pardon.
a. other cases of evasion of service of sentence
b. violation of conditional pardon
c. both a and b

196. Committed by any person who shall commit a felony after having been convicted by
final judgment, before beginning to serve such sentence, or while serving the same, shall be
punished by the maximum period of the penalty prescribed by law for the new felony.
a. Recidivist b. Quasi Recidivist

197. A quasi recidivist who is not a habitual criminal, shall be pardoned at the age of ______
years old if he shall have already served out his original sentence, or when he shall complete it
after reaching the said age, unless by reason of his conduct or other circumstances he shall not
be worthy of such clemency.
a. 70 b. 80

Title Four
CRIMES AGAINST PUBLIC INTEREST
198. Committed by any person who shall forge the Great Seal of the Government of the
Philippine Islands or the signature or stamp of the Chief Executive.
a. Counterfeiting the great seal of the Government of the Philippine Islands, forging the
signature or stamp of the Chief Executive

199. Committed by any person who shall knowingly make use of the counterfeit seal or
forged signature or stamp of the President
a. Using forged signature or counterfeit seal or stamp.

200. Committed by any person who makes, imports, or utters, false coins, in connivance with
counterfeiters, or importers. This crime is:
a. making and importing and uttering false coin

201. This is committed by any person who shall mutilate coins of the legal currency of the
Philippine Islands or import or utter mutilated current coins, or in connivance with mutilators or
importers.
a. mutilation of coins

202. Committed by the person who knowingly, although without the connivance, shall
possess false or mutilated coin with intent to utter the same, or shall actually utter such coin.
a. selling of false or mutilated coins without connivance

203. This is committed by forging or falsification of treasury or bank notes or certificates or

other obligations and securities payable to bearer and the importation and uttering in
connivance with forgers or importers of such false or forged obligations or notes.
a. Forging treasury or bank notes on other documents payable to bearer; importing, and
uttering such false or forged notes and documents.
204. Committed by any person who shall knowingly use or have in his possession, with intent
to use any of the false or falsified instruments.
a. Illegal possession and use of false treasury or bank notes and other
instruments of credit.

205. How is forgery committed?

a. By giving to a treasury or bank note or any instrument, payable to bearer or order
mentioned therein, the appearance of a true genuine document.
b. By erasing, substituting, counterfeiting or altering by any means the figures, letters,
words or signs contained therein.
c. All of these

206. How is Falsification by public officer, employee or notary or ecclesiastic minister.

Committed?
a. Counterfeiting or imitating any handwriting, signature or rubric;
b. Causing it to appear that persons have participated in any act or proceeding when they
did not in fact so participate;
c. Attributing to persons who have participated in an act or proceeding statements other
than those in fact made by them;
d. Making untruthful statements in a narration of facts;
e. Altering true dates;
f. Making any alteration or intercalation in a genuine document which changes its
meaning;
g. Issuing in an authenticated form a document purporting to be a copy of an original
document when no such original exists, or including in such a copy a statement contrary to, or
different from, that of the genuine original; or
h. Intercalating any instrument or note relative to the issuance thereof in a protocol,
registry, or official book.
i. all of these

208. Committed by any person who shall knowingly and falsely represent himself to be an
officer, agent or representative of any department or agency of the Philippine Government or
of any foreign government, or who, under pretense of official position, shall perform any act
pertaining to any person in authority or public officer of the Philippine Government or any
foreign government, or any agency thereof, without being lawfully entitled to do so.
a. usurpation of authority or official functions

209. Committed by any person who shall publicly use a fictitious name for the purpose of
concealing a crime, evading the execution of a judgment or causing damage.
a. using fictitious names and concealing true name
b. anti alias law

210. Committed by any person who shall publicly and improperly make use of insignia,
uniforms or dress pertaining to an office not held by such person or to a class of persons of
which he is not a member.
a. estafa
b. illegal use of uniforms and insignia

211. Committed by any person who shall give false testimony against the defendant in any
criminal case.
a. false testimony against a defendant
b. false testimony favourable to the defendant

212. Committed by any person who shall give false testimony in favor of the defendant in a
criminal case.
a. false testimony against a defendant
b. false testimony favourable to the defendant

213. Committed by any person, who knowingly makes untruthful statements and shall testify
under oath, or make an affidavit, upon any material matter before a competent person
authorized to administer an oath in cases in which the law so requires.
a. perjury b. false testimony

214. Committed by any person who shall knowingly offer in evidence a false witness or
testimony in any judicial or official proceeding, shall be punished as guilty of false testimony.
a. offering false testimony in evidence
215. This is committed by any person who shall solicit any gift or promise as a consideration
for refraining from taking part in any public auction, and any person who shall attempt to cause
bidders to stay away from an auction by threats, gifts, promises, or any other artifice, with
intent to cause the reduction of the price of the thing auctioned,
a. machinations in public auctions

Title Six
CRIMES AGAINST PUBLIC MORALS

216. Punishable by arresto mayor and committed by any person who shall offend against
decency or good customs by any highly scandalous conduct not expressly falling within any
other article of this Code.
a. alarms and scandals b. public scandals c. grave scandals

217. Which of these is an act that violates the law on immoral doctrines, obscene
publications and exhibitions and indecent shows?
a. Those who shall publicly expound or proclaim doctrines openly contrary to public morals
b. the authors of obscene literature, published with their knowledge in any form; the
editors publishing such literature; and the owners/operators of the establishment selling the
same;
c. Those who, in theaters, fairs, cinematographs or any other place, exhibit, indecent or
immoral plays, scenes, acts or shows, whether live or in film, which are prescribed by virtue
hereof, shall include those which (1) glorify criminals or condone crimes; (2) serve no other
purpose but to satisfy the market for violence, lust or pornography; (3) offend any race or
religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are contrary to law,
public order, morals, and good customs, established policies, lawful orders, decrees and edicts;
c. Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature
which are offensive to morals.
d. All of these

218. Which of these is vagrant?

a. Any person having no apparent means of subsistence, who has the physical ability to
work and who neglects to apply himself or herself to some lawful calling
b. Any person found loitering about public or semi-public buildings or places or trampling
or wandering about the country or the streets without visible means of support
c. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and
those who habitually associate with prostitutes
d. Any person who, not being included in the provisions of other articles of this Code, shall
be found loitering in any inhabited or uninhabited place belonging to another without any
lawful or justifiable purpose
e. Prostitutes.
f. All of these

219. The law that decriminalized vagrancy, it is no longer punishable.

a. RA 10158

220. She is a women who, for money or profit, habitually indulge in sexual intercourse or
lascivious conduct, her penalty is arresto menor or a fine not exceeding 200 pesos, however, if
she is a recidivist arresto mayor medium to prision correctional minimum and P200 – P2,000
fine.
a. prostitute

Title Seven
CRIMES COMMITTED BY PUBLIC OFFICERS
221. He is a person who, by direct provision of the law, popular election or appointment by
competent authority, shall take part in the performance of public functions in the Government
of the Philippine Islands, of shall perform in said Government or in any of its branches public
duties as an employee, agent or subordinate official, of any rank or class.
a. Person in authority b. Public officer
222. This is committed by any judge who shall knowingly render an unjust judgment in any
case submitted to him for decision.
a. Misfeasance b. Knowingly rendering unjust judgment
224. Committed by any judge who, by reason of inexcusable negligence or ignorance shall
render a manifestly unjust judgment in any case submitted to him for decision.
a. Judgement rendered thru negligence b. Unjust Interlocutory order
225. This is committed by any judge who shall knowingly render an unjust interlocutory order
or decree. But if he shall have acted by reason of inexcusable negligence or ignorance and this
order be manifestly unjust, the penalty shall be suspension.
a. Judgement rendered thru negligence b. Unjust Interlocutory order

226. This is committed by any judge guilty of malicious delay in the administration of justice.
a. Malicious mischief
b. Malicious delay in the administration of justice

227. All of these are committed by a judge except:

a. knowingly rendering unjust judgment
b. judgment rendered thru negligence
c. unjust interlocutory order
d. malicious delay in the administration of justice
e. prevaricacion

228. This is committed by any public officer, or officer of the law, who, in dereliction of the
duties of his office, shall maliciously refrain from instituting prosecution for the punishment of
violators of the law, or shall tolerate the commission of offenses.
a. Negligence and tolerance in the prosecution of offense
b. Prevaricacion
c. All of these

229. This is committed by any attorney-at-law or solicitor ( procurador judicial) who, by any
malicious breach of professional duty or of inexcusable negligence or ignorance, shall prejudice
his client, or reveal any of the secrets of the latter learned by him in his professional capacity.
This crime may also be committed by an attorney-at-law or solicitor (procurador judicial) who,
having undertaken the defense of a client or having received confidential information from said
client in a case, shall undertake the defense of the opposing party in the same case, without the
consent of his first client.
a. Prevaricacion
b. Betrayal of trust by an attorney

230. This is committed by any public officer who shall agree to perform an act constituting a
crime, in connection with the performance of this official duties, in consideration of any offer,
promise, gift or present received by such officer, personally or through the mediation of
another.
This crime is also committed whenever the gift was accepted by the officer in consideration of
the execution of an act which does not constitute a crime, and the officer executed said act,
and or if said act shall not have been accomplished.
If the object for which the gift was received or promised was to make the public officer refrain
from doing something which it was his official duty to do, this crime is also committed.
a. Direct bribery b. Indirect bribery

231. This is committed by any public officer who shall accept gifts offered to him by reason of
his office.
a. Direct bribery b. indirect bribery

232. This is committed by any public officer is entrusted with law enforcement and he
refrains from arresting or prosecuting an offender who has committed a crime punishable by
reclusion perpetua and/or death in consideration of any offer, promise, gift or present, in which
case, he shall suffer the penalty for the offense which was not prosecuted. If it is the public
officer who asks or demands such gift or present, he shall suffer the penalty of death.
a. Direct bribery b. indirect bribery c. qualified bribery

233. The same penalties imposed upon the officer corrupted, except those of disqualification
and suspension, shall be imposed upon any person who shall have made the offers or promises
or given the gifts or presents as described in the crime of direct and indirect bribery a. true

234. This is committed public officer who:

1. In his official capacity, in dealing with any person with regard to furnishing supplies, the
making of contracts, or the adjustment or settlement of accounts relating to public property or
funds, shall enter into an agreement with any interested party or speculator or make use of any
other scheme, to defraud the Government;
2. Being entrusted with the collection of taxes, licenses, fees and other imposts, shall be
guilty or any of the following acts or omissions:
(a) Demanding, directly, or indirectly, the payment of sums different from or larger than
those authorized by law.
(b) Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected
by him officially.
(c) Collecting or receiving, directly or indirectly, by way of payment or otherwise things or
objects of a nature different from that provided by law.

What crime is mentioned above?

a. frauds against the public treasury and similar offenses.
b. Estafa

235. In the crime of “frauds against the public treasury”, when the culprit is an officer or
employee of the Bureau of Internal Revenue or the Bureau of Customs, the provisions of the
Administrative Code, and not the Revised Penal Code shall be applied. The statement is:
a. true b. false

236. This is committed by any appointive public officer who, during his incumbency, shall
directly or indirectly become interested in any transaction of exchange or speculation within
the territory subject to his jurisdiction.
a. Prohibited transactions

237. This is committed by a public officer who directly or indirectly, shall become interested
in any contract or business in which it is his official duty to intervene.
a. Possession of prohibited interest by a public officer

238. This is committed by any public officer who, by reason of the duties of his office, is
accountable for public funds or property, shall appropriate the same or shall take or
misappropriate or shall consent, through abandonment or negligence, shall permit any other
person to take such public funds, or property, wholly or partially.
a. Malversation of public funds and property
b. Illegal Use of Public Funds and Property

239. Persons guilty of malversation shall also suffer a fine equal to the amount of the funds
malversed or equal to the total value of the property embezzled. The statement is:
a. true b. false

240. Under the law on malversation, the failure of a public officer to have duly forthcoming
any public funds or property with which he is chargeable, upon demand by any duly authorized
officer, shall be ____________evidence that he has put such missing funds or property to
personal use.
a. conclusive b. prima facie

241. Committed by any public officer, whether in the service or separated therefrom by
resignation or any other cause, who is required by law or regulation to render account to the
Insular Auditor, or to a provincial auditor and who fails to do so for a period of two months
after such accounts should be rendered.
a. Failure of accountable officer to render account

242. This is committed by any public officer who unlawfully leaves or attempts to leave the
Philippine Islands without securing a certificate from the Insular Auditor showing that his
accounts have been finally settled.
a. Failure of a responsible public officer to render accounts before leaving the country.

243. This is committed by any public officer who shall apply any public fund or property
under his administration to any public use other than for which such fund or property were
appropriated by law or ordinance shall suffer the penalty of prision correccional in its minimum
period or a fine ranging from one-half to the total of the sum misapplied, if by reason of such
misapplication, any damages or embarrassment shall have resulted to the public service. If no
damage or embarrassment to the public service has resulted, the penalty shall be a fine from 5
to 50 per cent of the sum misapplied.
a. illegal use of public funds or property
b. technical malversation
c. all of these

244. This is committed by any public officer under obligation to make payment from
Government funds in his possession, who shall fail to make such payment.
a. Failure to make delivery of public funds or property
245. This is committed by public officer who shall consent to the escape of a prisoner in his
custody or charge.
a. conniving with or consenting to evasion
b. evasion of service of sentence

246. If the evasion of the prisoner shall have taken place through the negligence of the
officer charged with the conveyance or custody of the escaping prisoner, the crime is:
a. Evasion through negligence
b. Evasion of service of sentence

247. This is committed by any private person to whom the conveyance or custody or a
prisoner or person under arrest shall have been confided, who shall commit any infidelity
custody of prisoners, or evasion thru negligence, shall suffer the penalty next lower in degree
than that prescribed for the public officer.
a. Escape of prisoner under the custody of a person not a public officer

248. This is committed by any public officer who shall remove, destroy or conceal documents
or papers officially entrusted to him. a. infidelity in the custody of documents
b. removal, concealment or destruction of documents
c. all of these

249. This is committed by any public officer charged with the custody of papers or property
sealed by proper authority, who shall break the seals or permit them to be broken
a. Officer breaking seal

250. This is committed by any public officer who, without proper authority, shall open or
shall permit to be opened any closed papers, documents or objects entrusted to his custody
a. Opening closed document
251. This is committed by any public officer who shall reveal any secret known to him by
reason of his official capacity, or shall wrongfully deliver papers or copies of papers of which he
may have charge and which should not be published, whether the revelation or delivery has
caused serious damage to the public interest or not.
a. revelation of secrets by an officer

252. This is committed by any public officer to whom the secrets of any private individual
shall become known by reason of his office who shall reveal such secrets.
a. Public officer revealing secrets of private individual

253. This is committed by any judicial or executive officer who shall openly refuse to execute
the judgment, decision or order of any superior authority made within the scope of the
jurisdiction of the latter and issued with all the legal formalities.
a. Open disobedience

254. This is committed by public officer who, having for any reason suspended the execution
of the orders of his superiors, shall disobey such superiors after the latter have disapproved the
suspension.
a. Disobedience to order of superior officers, when said order was suspended by inferior
officer.

255. This is committed by a public officer who, upon demand from competent authority, shall
fail to lend his cooperation towards the administration of justice or other public service, if such
failure shall result in serious damage to the public interest, or to a third party or otherwise. a.
Refusal of assistance

256. This is committed by any person who, having been elected by popular election to a
public office, shall refuse without legal motive to be sworn in or to discharge the duties of said
office.
a. Refusal to discharge elective office

257. This is committed by any public officer or employee who shall overdo himself in the
correction or handling of a prisoner or detention prisoner under his charge, by the imposition of
punishment not authorized by the regulations, or by inflicting such punishment in a cruel and
humiliating manner. a. Maltreatment of prisoners
b. Physical injuries

258. What is qualified maltreatment of prisoners?

a. If the purpose of the maltreatment is to extort a confession
b. If the purpose of the maltreatment is to obtain some information from the
prisoner
c. All of these
259. This is committed by any person who shall assume the performance of the duties and
powers of any public officer or employment without first being sworn in or having given the
bond required by law, shall be suspended from such office or employment until he shall have
complied with the respective formalities and shall be fined from 200 to 500 pesos.
a. Anticipation of duties of a public office

260. This is committed by any public officer shall continue to exercise the duties and powers
of his office, employment or commission, beyond the period provided by law, regulation or
special provisions applicable to the case. a. Prolonging performance of duties and powers

261. This is committed by any public officer who, before the acceptance of his resignation,
shall abandon his office to the detriment of the public service a. Abandonment of office or
position

262. Committed by any public officer who shall encroach upon the powers of the legislative
branch of the Government, either by making general rules or regulations beyond the scope of
his authority, or by attempting to repeal a law or suspending the execution thereof. a.
Usurpation of legislative powers

263. Committed by any judge who shall assume any power pertaining to the executive
authorities, or shall obstruct the latter in the lawful exercise of their powers.
a. Usurpation of executive powers
264. Committed by any officer of the executive branch of the Government who shall assume
judicial powers or shall obstruct the execution of any order or decision rendered by any judge
within its jurisdiction. a. Usurpation of judicial functions

265. Committed by any public officer who, before the question of jurisdiction is decided, shall
continue any proceeding after having been lawfully required to refrain from so doing.
a. Disobeying request for disqualification

266. Committed by any executive officer who shall address any order or suggestion to any
judicial authority with respect to any case or business coming within the exclusive jurisdiction
of the courts of justice.
a. Orders or requests by executive officers to any judicial authority

267. Committed by any public officer who shall knowingly nominate or appoint to any public
office any person lacking the legal qualifications therefor. a. Unlawful appointments

268. This is committed by:

1. any public officer who shall solicit or make immoral or indecent advances to a woman
interested in matters pending before such officer for decision, or with respect to which he is
required to submit a report to or consult with a superior officer;
2. Any warden or other public officer directly charged with the care and custody of
prisoners or persons under arrest who shall solicit or make immoral or indecent advances to a
woman under his custody (or wife, daughter or sister in the custody of such warden or officer)
The felony committed by the public officer is: a. Sexual harassment
b. Abuses against chastity

Title Eight
CRIMES AGAINST PERSONS
269. This is committed by any person who shall kill his father, mother, or child, whether
legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse.
a. incest b. parricide

270. Committed by any legally married person who having surprised his spouse in the act of
committing sexual intercourse with another person, shall kill any of them or both of them in the
act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer
the penalty of destierro.
a. Death or physical injuries inflicted under exceptional circumstances 271. Murder is
killing another by which of these qualifying/attendant circumstances?
a. With treachery, taking advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford impunity.
b. In consideration of a price, reward, or promise.
c. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel,
derailment or assault upon a street car or locomotive, fall of an airship, by means of motor
vehicles, or with the use of any other means involving great waste and ruin.
d. On occasion of any of the calamities enumerated in the preceding paragraph, or of an
earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity. e.
With evident premeditation.
f. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse. g. all of these

272. Committed by any person who shall kill another without the attendance of any of the
circumstances of murder.
a. homicide b. murder

273. This happens when there are several persons, not composing groups organized for the
common purpose of assaulting and attacking each other reciprocally, quarrel and assault each
other in a confused and tumultuous manner, and in the course of the affray someone is killed,
and it cannot be ascertained who actually killed the deceased, but the person or persons who
inflicted serious physical injuries can be identified, such person or persons shall be punished by
prision mayor.
a. Death caused in a tumultuous affray
b.
274. Committed by person who shall assist another to commit suicide or lends his assistance
to another to the extent of doing the killing himself.
a. Giving assistance to suicide b. Giving assistance to euthanasia

275. Committed by any person who shall shoot at another with any firearm (no intent to kill).
a. grave threats b. (illegal) discharge of firearms

276. Committed by any person who shall kill any child less than three days of age, and the
penalty for which is the same as that for parricide and murder.
a. infanticide b. homicide

277. Mitigating circumstance of a mother who committed infanticide of her own child.
a. the child has in born defect
b. to conceal her dishonor

278. Which of these is a way of committing intentional abortion?

a. using any violence upon the person of the pregnant woman.
b. without using violence, acting without the consent of the woman.
c. causing an abortion if the woman shall have consented.
d. all of these

279. Committed by any person who shall cause an abortion by violence, but unintentionally.
a. intentional abortion b. unintentional abortion

280. Committed by a pregnant woman who shall practice abortion upon herself or shall
consent that any other person should do so.
a. Abortion practice by the pregnant woman herself or by her parents

281. Which of these may enjoy mitigated penalty if they cause the abortion of a baby for the
purpose of concealment of dishonour of the pregnant woman?
a. pregnant woman herself
b. parents of the pregnant woman
c. both a and b
d. husband of the pregnant woman
282. Committed by any physician or midwife who, taking advantage of their scientific
knowledge or skill, shall cause an abortion or assist in causing the same.
a. Abortion practiced by a physician or midwife

283. Any pharmacist who, without the proper prescription from a physician, shall dispense
any abortive.
a. Unlawful dispensing of abortives

284. A formal combat between two parties in the presence and under the direction of a
second/s.
a. duet b. duel c. ufc d. wwe

285. In the crime of duel, the seconds shall in all events be punished as:
a. principals b. accomplices c. accessories

286. Committed by any person who shall challenge another, or incite another to give or
accept a challenge to a duel, or shall scoff at or decry another publicly for having refused to
accept a challenge to fight a duel.
a. Challenging to a duel
b. Grave threats
287. Committed by any person who shall intentionally mutilate another by depriving him,
either totally or partially, or some essential organ of reproduction.
a. mutilation b. cutting source of joy of another

288. Which of these is serious physical injuries?

a. the injured person shall become insane, imbecile, impotent, or blind
b. the person injured shall have lost the use of speech or the power to hear or to smell, or
shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such
member, or shall have become incapacitated for the work in which he was therefor habitually
engaged
c. the person injured shall have become deformed, or shall have lost any other part of his
body, or shall have lost the use thereof, or shall have been ill or incapacitated for the
performance of the work in which he as habitually engaged for a period of more than ninety
days
d. the physical injuries inflicted shall have caused the illness or incapacity for
labor of the injured person for more than thirty days.
e. all of these

289. What is qualified serious physical injuries?

a. if the victim of the physical injuries is the spouse, ascendants,
descendants, parents, and children of the offender.

290. The same penalty for physical injuries shall be applicable in the respective case to any
person who, without intent to kill, shall inflict upon another any serious, physical injury, by
knowingly administering to him any injurious substance or beverages or by taking advantage of
his weakness of mind or credulity.
a. Administering injurious substances or beverages
b.
291. Committed by any person who shall inflict upon another physical injuries which shall
incapacitate the offended party for labor for ten days or more (up to 30 days), or shall require
medical assistance for the same period.
a. slight physical injuries b. less serious physical injuries

292. Which of these is slight physical injuries or maltreatment?

a. inflicting physical injuries which shall incapacitate the offended party for labor from one
to nine days, or shall require medical attendance during the same period.
b. inflicting physical injuries which do not prevent the offended party from engaging in his
habitual work nor require medical assistance.
c. ill-treating another by deed without causing any injury
d. all of these

293. An act expanding the definition of the crime of rape, reclassifying the same as a crime
against persons. "The Anti-Rape Law of 1997. a. RA 8353

294. Committed by any person who shall commit an act of sexual assault by inserting his
penis into another person's mouth or anal orifice, or any instrument or object, into the genital
or anal orifice of another person.
a. rape by sexual intercourse b. rape by sexual assault

Title Nine
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
295. Kidnapping and serious illegal detention is committed by any private individual who shall
kidnap or detain another, or in any other manner deprive him of his liberty, by which of these
a. . If the kidnapping or detention shall have lasted more than 3 days.
b . If it shall have been committed simulating public authority.
c. . If any serious physical injuries shall have been inflicted upon the person kidnapped or
detained; or if threats to kill him shall have been made.
d.. If the person kidnapped or detained shall be a minor, female or a public
officer.
e. all of these

296. What is qualified kidnapping?

a. If the kidnapping or detention was committed for the purpose of extorting ransom from
the victim or any other person
b. If the victim died, or is raped, or is tortured
c. All of these.
297. Committed by any person who, in any case other than those authorized by law, or
without reasonable ground therefor, shall arrest or detain another for the purpose of delivering
him to the proper authorities.
a. kidnapping b. unlawful arrest

298. Committed by any person who, being entrusted with the custody of a minor person,
shall deliberately fail to restore the latter to his parents or guardians.
a. Kidnapping and failure to return a minor
b. Inducing a minor to abandon home

299. This is committed by anyone, including a parent who shall induce a minor to abandon
the home of his parent or guardians or the persons entrusted with his custody.
a. Kidnapping and failure to return a minor
b. Inducing a minor to abandon home

300. Committed by anyone who shall purchase, sell, kidnap or detain a human being for the
purpose of enslaving him.
a. human trafficking b. slavery

301. What is qualified slavery?

a. If the slavery is committed for the purpose of assigning the offended party
to some immoral traffic

302. Committed by anyone who, under the pretext of reimbursing himself of a debt incurred
by an ascendant, guardian or person entrusted with the custody of a minor, shall, against the
latter's will, retain him in his service.
a. Exploitation of child labor b. Child abuse

303. Committed by any person who, in order to require or enforce the payment of a debt,
shall compel the debtor to work for him, against his will, as household servant or farm laborer.
a. Grave coercion
b. Services rendered under compulsion in payment of debt.

304. Committed by one who shall fail to render assistance to any person whom he shall find
in an uninhabited place wounded or in danger of dying, when he can render such assistance
without detriment to himself, unless such omission shall constitute a more serious offense.
Anyone who shall fail to help or render assistance to another whom he has accidentally
wounded or injured.
a. abandonment of persons in danger and abandonment of one’s own victim

305. Committed by anyone who shall abandon a child under seven years of age, the custody
of which is incumbent upon him. a. abandoning a minor

306. This is committed by anyone who, having charge of the rearing or education of a minor,
shall deliver said minor to a public institution or other persons, without the consent of the one
who entrusted such child to his care or in the absence of the latter, without the consent of the
proper authorities. This is also committed by parents who shall neglect their children by not
giving them the education which their station in life require and financial conditions permit.
a. Abandonment of a minor by a person entrusted with his custody;
indifference of parents
307. Committed by private person who shall enter the dwelling of another against the latter's
will.
a. violation of domicile b. trespass to dwelling

308. What is qualified trespassing?

a. If the trespassing be committed by means of violence or intimidation.

309. Which of these is absolutory cause in trespassing?

a. enter another's dwelling for the purpose of preventing some serious harm to himself,
the occupants of the dwelling or a third person
b. trespassing by any person who shall enter a dwelling for the purpose of rendering some
service to humanity or justice,
c. anyone who shall enter cafes, taverns, inn and other public houses, while
the same are open.
d. All of these

310. Committed by any person who shall enter the closed premises or the fenced estate of
another, while either or them are uninhabited, if the prohibition to enter be manifest and the
trespasser has not secured the permission of the owner or the caretaker thereof.
a. simple trespass b. other forms of trespass

311. This is committed by any person who shall threaten another with the infliction upon the
person, honor or property of the latter or of his family of any wrong amounting to a crime.
a. grave threats b. light threats

312. Any threat to commit a wrong not constituting a crime.

a. Grave threats b. light threats

313. The person making the grave or light threats may also be required to give bail not to
molest the person threatened, or if he shall fail to give such bail, he shall be sentenced to
destierro.
a. bond for good behaviour b. bond to keep the peace

314. Which of these is “other light threats”?

a. threatening another with a weapon or draw such weapon in a quarrel, unless it be in
lawful self-defense.
b. any person who, in the heat of anger, shall orally threaten another with some harm not
constituting a crime, and who by subsequent acts show that he did not persist in the idea
involved in his threat.
c. any person who shall orally threaten to do another any harm not constituting a felony.
d. all of these

315. Committed by any person who, without authority of law, shall, by means of violence,
prevent another from doing something not prohibited by law, or compel him to do something
against his will, whether it be right or wrong.
a. grave threats b. grave coercion

316. What is qualified grave coercion?

a. If the coercion be committed for the purpose of compelling another to perform any
religious act or to prevent him from so doing.

317. Committed by 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 the debt.
a. Light coercions b.Grave coercions

318. Any human conduct which although not productive of material or physical harm will
annoy or vex an innocent person
a. unjust vexation b. unjust enrichment
319. Committed by any private individual who in order to discover the secrets of another,
shall seize his papers or letters and reveal or not reveal the contents thereof.
a. Discovering secrets through seizure of correspondence

320. This is committed by any manager, employee, or servant who, in such capacity, shall
learn the secrets of his principal or master and shall reveal such secrets.
a. Revealing secrets with abuse of office

321. Committed by any person in charge, employee or workman of any manufacturing or

industrial establishment who, to the prejudice of the owner thereof, shall reveal the secrets of
the industry of the latter. a. Revelation of industrial secrets

Title Ten
CRIMES AGAINST PROPERTY
322. Committed by any person who, with intent to gain, shall take any personal property
belonging to another, by means of violence or intimidation of any person, or using force upon
anything.
a. theft b. robbery

323. When more than three armed malefactors take part in the commission of a robbery, it
shall be deemed to have been committed by a __________.
a. band
324. Any member of a band who is present at the commission of a robbery by the band, shall
be punished as principal of any of the assaults committed by the band, unless it be shown that
he:
a. attempted to prevent the same
b. reported the incident to the police

325. When by reason or on occasion of an attempted or frustrated robbery a homicide is

committed, this is also known as:
a. attempted and frustrated robbery committed under exceptional circumstances

326. This is a type of robbery wherein any person who, with intent to defraud another, by
means of violence or intimidation, shall compel him to sign, execute or deliver any public
instrument or documents, shall be held guilty of robbery.
a. Execution of deeds by means of violence

327. Robbery may be robbery with violence against or intimidation of another person. The
other form of robbery is:
a. robbery with the use of force upon things

328. It means any shelter, ship or vessel constituting the dwelling of one or more persons, even
though the inhabitants thereof shall temporarily be absent therefrom when the robbery is
committed.
a. Inhabited house

329. The term ________ includes every building owned by the Government or belonging to a
private person not included used or rented by the Government, although temporarily
unoccupied by the same.
a. private building b. public building

330. These are tools especially adopted to the commission of the crime of robbery, and the
possession of which is already punishable.
a. picklocks and other similar tools

331. The term "false keys" shall be deemed to include which of these?
a. picklocks
b. genuine keys stolen from the owner.
c. any keys other than those intended by the owner for use in the lock forcibly
opened by
d. all of these

332. When more than three armed persons form a band of robbers for the purpose of
committing robbery in the highway, or kidnapping persons for the purpose of extortion or to
obtain ransom or for any other purpose to be attained by means of force and violence, they
shall be deemed what?
a. highway robbers or brigands b. recidivists

333. This is committed by any person who, with intent to gain but without violence against or
intimidation of persons nor force upon things, shall take personal property of another without
the latter's consent.
a. theft b. robbery

334. Theft is likewise committed by:

a. Any person who, having found lost property, shall fail to deliver the same to the local
authorities or to its owner;
b. Any person who, after having maliciously damaged the property of another, shall
remove or make use of the fruits or object of the damage caused by him; and
c. Any person who shall enter an inclosed estate or a field where trespass is forbidden or
which belongs to another and without the consent of its owner, shall hunt or fish upon the
same or shall gather cereals, or other forest or farm products.
d. all of these
335. A type of theft higher by two degrees , if committed by a domestic servant, or with
grave abuse of confidence, or if the property stolen is motor vehicle, mail matter or large cattle
or consists of coconuts taken from the premises of the plantation or fish taken from a fishpond
or fishery, or if property is taken on the occasion of fire, earthquake, typhoon, volcanic
eruption, or any other calamity, vehicular accident or civil disturbance.
a. robbery b. qualified theft

336. If the property stolen be any property of the National Library or the National Museum
this is:
a. Theft of the property of the National Library and National Museum. –

337. Any person who, by means of violence against or intimidation of persons, shall take
possession of any real property or shall usurp any real rights in property belonging to another.
a. Occupation of real property or usurpation of real rights in property b. squatting
338. Committed by any person who shall alter the boundary marks or monuments of towns,
provinces, or estates, or any other marks intended to designate the boundaries of the same.
a. Squatting
b. Altering boundaries or landmarks
339. Committed by any person who shall abscond with his property to the prejudice of his
creditors, shall suffer the penalty of prision mayor, if he be a merchant and the penalty of
prision correccional in its maximum period to prision mayor in its medium period, if he be not a
merchant.
a. Estafa b. fraudulent insolvency
340. Estafa is also known as:
a. swindling b. embezzlement

341. Committed by any person who taking advantage of the inexperience or emotions or
feelings of a minor, to his detriment, shall induce him to assume any obligation or to give any
release or execute a transfer of any property right in consideration of some loan of money,
credit or other personal property, whether the loan clearly appears in the document or is
shown in any other form.
a. Swindling a minor

342. This is committed by any person who shall damage or defraud another by any other
deceit not mentioned in the laws on estafa. This is also committed by any person who, for profit
or gain, shall interpret dreams, make forecasts, tell fortunes, or take advantage of the credulity
of the public in any other similar manner.
a. Other deceits

343. The crime of Removal, sale or pledge of mortgaged property is committed by which of
these?
a. Any person who shall knowingly remove any personal property mortgaged under the
Chattel Mortgage Law to any province or city other than the one in which it was located at the
time of the execution of the mortgage, without the written consent of the mortgagee, or his
executors, administrators or assigns.
b. Any mortgagor who shall sell or pledge personal property already pledged, or any part
thereof, under the terms of the Chattel Mortgage Law, without the consent of the mortgagee
written on the back of the mortgage and noted on the record hereof in the office of the
Register of Deeds of the province where such property is located.
c. All of these

344. The destruction of the property of another by means of fire.

a. arson b. malicious mischief

345. Which of these is Prima Facie evidence of Arson?

a. If the fire started simultaneously in more than one part of the building or establishment.
b. If substantial amount of flammable substances or materials are stored within the
building note necessary in the business of the offender nor for household us.
c. If gasoline, kerosene, petroleum or other flammable or combustible substances or
materials soaked therewith or containers thereof, or any mechanical, electrical, chemical, or
electronic contrivance designed to start a fire, or ashes or traces of any of the foregoing are
found in the ruins or premises of the burned building or property.
d. If the building or property is insured for substantially more than its actual value at the
time of the issuance of the policy.
e. If during the lifetime of the corresponding fire insurance policy more than two fires have
occurred in the same or other premises owned or under the control of the offender and/or
insured.
f. If shortly before the fire, a substantial portion of the effects insured and stored in a
building or property had been withdrawn from the premises except in the ordinary course of
business.
g. If a demand for money or other valuable consideration was made before the fire in
exchange for the desistance of the offender or for the safety of the person or property of the
victim.
h. all of these

346. Which of these is Special Aggravating Circumstances in Arson?

a. If committed with intent to gain;
b. If committed for the benefit of another;
c. If the offender is motivated by spite or hatred towards the owner or occupant of the
property burned;
d. If committed by a syndicate
e. All of these
347. What is syndicated arson? Or arson aggravated by being committed by a syndicate?
a. The offense is committed by a syndicate if its is planned or carried
out by a group of three (3) or more persons.

348. This is committed by any person who shall deliberately cause the property of another
any damage by any means and is not considered arson.
a. malicious mischief
b. reckless imprudence resulting in damage to property

349. Which of these is special case of malicious mischief?

a. cause damage to obstruct the performance of public functions
b. using any poisonous or corrosive substance
c. spreading any infection or contagion among cattle
d. cause damage to the property of the National Museum or National Library, or to any
archive or registry, waterworks, road, promenade, or any other thing used in common by the
public.
e. all of these
350. Committed by any person who shall damage any railway, telegraph or telephone lines.
a. Damage and obstruction to means of communication
351. This is committed by person who shall destroy or damage statues or any other useful or
ornamental public monument or any useful or ornamental painting of a public nature.
a. Destroying or damaging statues, public monument or paintings
352. No criminal, but only civil liability, shall result from the commission of the crime of theft,
swindling or malicious mischief committed or caused mutually by the following persons, who is
not included? (who is not exempted from criminal liability?)
a. Spouses, ascendants and descendants, or relatives by affinity in the same line.
b. The widowed spouse
c. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.
d. cousins and uncle and auntie

TITLE XI
CRIMES AGAINST CHASTITY
353. This is committed by any married woman who shall have sexual intercourse with a man
not her husband and by the man who has carnal knowledge of her knowing her to be married.
a. adultery b. concubinage

354. The concubine shall suffer the penalty of______.

a. stoning b. destierro

354-A. Committed by any husband who shall keep a mistress in the conjugal dwelling, or shall
have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or
shall cohabit with her in any other place.
a. adultery b. concubinage

355. Formerly rape was crime against chastity, now because of RA 8353, rape is now a crime
against:
a. chastity still b. persons

356. It is having sex with a virgin over twelve years and under eighteen years of age,
committed by any person in public authority, priest, home-servant, domestic, guardian,
teacher, or any person who, in any capacity, shall be entrusted with the education or custody of
the woman seduced.
a. Qualified seduction b. simple seduction

357. It is having sex with a woman who is single or a widow of good reputation, over twelve
but under eighteen years of age, committed by means of deceit. a. qualified seduction b.
simple seduction

358. This is committed by person who shall promote or facilitate the prostitution or
corruption of persons underage to satisfy the lust of another. a. corruption of minors b.
child abuse

359. This is committed by any person who, in any manner, or under any pretext, shall engage
in the business or shall profit by prostitution or shall enlist the services of any other for the
purpose of prostitution.
a. White slave trade b. prostitution and vagrancy

360. The taking of any woman or her abduction against her will and with lewd designs.
a. Forcible abduction b. Consented abduction
361. It is the abduction or kidnapping or taking of a virgin over twelve years and under
eighteen years of age, carried out with her consent and with lewd designs.
a. Forcible abduction b. Consented abduction

362. The crimes of adultery and concubinage shall not be prosecuted except upon a
complaint filed by which one?
a. offended spouse c. legally separated spouse
b. divorced spouse d. common law

363. Which of these can file a case of abductions, seduction and acts of lasciviousness?
a. offended party
b. parents,
c. grandparents, or
d. guardian, nor, in any case, if the offender has been expressly pardoned by the above
named persons, as the case may be.
e. All of these

364. In cases of seduction, abduction, acts of lasciviousness and rape, the ______ of the
offender with the offended party shall extinguish the criminal action or remit the penalty
already imposed upon him. This shall also be applicable to the co-principals, accomplices and
accessories after the fact of the abovementioned crimes.
a. pardon b. marriage c. payment of civil liability
365. Person guilty of rape, seduction or abduction, shall also be sentenced to which of these?
a. To indemnify the offended woman.
b. To acknowledge the offspring, unless the law should prevent him from so
doing.
c. In every case to support the offspring
d. all of these

Title Twelve
CRIMES AGAINST THE CIVIL STATUS OF PERSONS
366. This takes place when the woman pretended to be pregnant and on the date of delivery
takes the child of another as her own
a. simulation of birth b. substitution of one child for another

367. This is committed by any person who shall usurp the civil status of another with or
without intent to defraud another. a. usurpation of civil status

368. This is committed by any legally married person who shall contract a second or
subsequent marriage before the former marriage has been legally dissolved, or before the
absent spouse has been declared presumptively dead by means of a judgment rendered in the
proper proceedings.
a. polygamy b. monogamy c. bigamy d. annulment

369. This is committed by any person who, shall contract marriage knowing that the
requirements of the law have not been complied with complied or that the marriage is in
disregard of a legal impediment.
a. Marriage contracted against the provision of the law.

370. How is premature marriage committed?

a.. by any widow who shall marry within three hundred and one day from the date of the death
of her husband, or before having delivered if she shall have been pregnant at the time of his
death..
b. by any woman whose marriage shall have been annulled or dissolved, if she shall marry
before her delivery or before the expiration of the period of three hundred and one day after
the legal separation.
c. all of these

Title Thirteen
CRIMES AGAINST HONOR

371. It is a public and malicious imputation of a crime, or of a vice or defect, real or

imaginary, or any act, omission, condition, status, or circumstance tending to cause the
dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of
one who is dead.
a. slander b. libel

372. Under the law on libel, every defamatory imputation is presumed to be malicious, even
if it be true, if no good intention and justifiable motive for making it is shown, except in which
of these
a. A private communication made by any person to another in the performance of any
legal, moral or social duty; and
b. A fair and true report, made in good faith, without any comments or remarks, of any
judicial, legislative or other official proceedings which are not of confidential nature, or of any
statement, report or speech delivered in said proceedings, or of any other act performed by
public officers in the exercise of their functions.
c. all of these

373. Libel is not only limited to newspaper, it may also be committed thru?
a. writing, printing, lithography, engraving, radio, phonograph, painting, theatrical
exhibition, cinematographic exhibition, or any similar means,

374. It is libel committed orally instead of in writing?

a. slander b. oral defamation c. both a and b d. libel

375. This is committed by any person who shall perform any act which shall cast dishonor,
discredit or contempt upon another person.
a. Slander by deed.

376. Who are liable for libel?

a. any person who shall publish, exhibit, or cause the publication or exhibition of any
defamation in writing or by similar means.
b. The author or editor of a book or pamphlet, or the editor or business manager of a daily
newspaper, magazine or serial publication.
c. all of these

377. In every criminal prosecution for libel, the truth may be given in evidence to the court
and if it appears that the matter charged as libelous is true, and, moreover, that it was
published with good motives and for justifiable ends, the defendants shall be acquitted. The
statement is:
a. true b. false

378. Proof of the truth of an imputation of an act or omission not constituting a crime shall
not be admitted, unless the imputation shall have been made against Government employees
with respect to facts related to the discharge of their official duties. In such cases if the
defendant proves the truth of the imputation made by him, he shall be acquitted. The
statement is:
a. true b. false

379. Incriminatory machinations are which of these?

a. incriminating innocent persons
b. intriguing against honor
c. all of these

380. This is committed by any person who, by any act not constituting perjury, shall directly
incriminate or impute to an innocent person the commission of a crime.
a. Incriminating innocent persons
b. Intriguing against honor
381. Committed by any person who shall make any intrigue which has for its principal
purpose to blemish the honor or reputation of a person. It is a scheme or plot designed to
blemish the reputation of a person by some forms of trickery.
a. Incriminating innocent persons
b. Intriguing against honor

Title Fourteen
QUASI-OFFENSES
382. This consists in voluntary, but without malice, doing or falling to do an act from which
material damage results by reason of inexcusable lack of precaution on the part of the person
performing of failing to perform such act, taking into consideration his employment or
occupation, degree of intelligence, physical condition and other circumstances regarding
persons, time and place.
a. reckless imprudence

383. This consists in the lack of precaution displayed in those cases in which the damage
impending to be caused is not immediate nor the danger clearly manifest.
a. simple imprudence

Title Fifteen
FINAL PROVISIONS
CRIMINAL PROCEDURE
PRELIMINARY CONCEPTS

384. Last article of the Revised Penal Code. a. article 367

385. The method prescribed by law for the apprehension and prosecution of persons accused
of any criminal offense, and for their punishment, in case of conviction.
a. criminal procedure b. criminal law c. criminal evidence
386. The main bulk of Philippine Rules on Criminal Procedure are found in Part III, from Rules
110 to 127 of the Rules of Court which took effect on what date?
a. January 1, 1964 b. January 1, 1932 c. February 2, 1987
387. Which of these is source of criminal procedure?
a. 1987 Constitution c. E.O.
b. Laws passed by Congress such as BP 129 d. all of these

388. The systems of criminal procedure are:

a. inquisitorial system b. accusatorial/adversarial system
c. mixed system d. all of these

389. The rules of court shall be liberally construed in order to promote their objective of
securing a just, speedy, and inexpensive disposition of every action and proceeding. This is the:
a. liberal construction rule b. strict construction rule
390. The word “jurisdiction” is derived from two Latin words “juris” and “dico” which means:
a. law and order b. I speak by the law

391. It is the authority to hear and determine a cause. It is the power given by the law to a
court to entertain, hear and determine certain controversies.
a. venue b. jurisdiction

392. It is the particular country, or geographical area, in which a court with jurisdiction may
hear and determine a case. It is the place of trial.
a. venue b. jurisdiction

393. The power of a tribunal to hear and try a particular offense and impose punishment for
it.
a. criminal jurisdiction b. civil jurisdiction
394. Requisites of criminal jurisdiction are the following except:
a. jurisdiction over the subject matter
b. jurisdiction over the territory where the crime was committed
c. jurisdiction over the person of the accused
d. jurisdiction over the nationality of the offender

RULE 110
PROSECUTION OF OFFENSES

395. For offenses where a preliminary investigation is required, the institution of criminal
action is made by filing the complaint with the proper officer for the purpose of conducting the
requisite preliminary investigation. Who among the following is the proper officer referred to in
this statement?
a. city and provincial prosecutor and their assistants
b. national and regional prosecutors
c. ombudsman
d. all of the above

396. For all other offenses, meaning those where the offense is punishable by less than 4
years 2 months and 1 day, the filing of the complaint or information is made directly with which
of the following?
a. Municipal Trial Courts
b. Municipal Circuit Trial Courts, or
c. The complaint with the office of the prosecutor
d. All of the above

397. In Manila and other chartered cities, the complaints shall be filed with the _________,
unless their charter provides otherwise.
a. office of the prosecutor
b. office of the baranggay captaion
c. office of the President
d. office of the mayor

398. The filing of the complaint or information for preliminary investigation or trial:
a. interrupts the running of the prescriptive period
b. does not interrupt the running of the prescriptive period

399. The law firm of the Philippine government. It represents the government and its
agencies in any matter requiring the services of a lawyer.

a. Department of Justice
b. Supreme Court
c. Office of the Solicitor General
d. None of the above

400. In case of heavy work schedule of the public prosecutor, in the event of lack of public
prosecutors, the ____________ may be authorized in writing by the Chief of the Prosecution
office or the Regional State Prosecutor to prosecute the case subject to the approval of the
court.
a. offended party
b. complainant
c. criminology student
d. private prosecutor

401. In Municipal Trial Courts or Municipal Circuit Trial Courts when the prosecutor assigned
thereto or to the case is not available, who may prosecute the case?
a. The offended party
b. Any peace officer
c. Public officer charged with the enforcement of the law violated
d. Any or all of the above may

402. The authority of the offended party or peace officer to prosecute the case authority
shall cease:
a. upon actual intervention of the public prosecutor
b. upon elevation of the case to the Regional Trial Court
c. either of or both a and b
d. upon order of the President

403. The crimes of adultery and concubinage shall not be prosecuted except upon a
complaint filed by the:
a. public prosecutor
b. private prosecutor
c. offended spouse
d. any of the above

404. The offended party cannot institute criminal prosecution without including both the
guilty parties, if both are alive, nor in any case, if the offended party has consented to the
offense or pardoned the offenders. This rule is applicable in which of the following criminal
cases?
a. adultery
b. concubinage
c. bigamy
d. both a and b
e. all of the above

405. Which among the following crimes may not be filed or prosecuted by the public
prosecutor unilaterally or without the complaint filed by the offended party?
a. seduction
b. abduction
c. acts of lasciviousness
d. adultery
e. concubinage
f. all of the above

406. Fiscal X filed an information for homicide against Pedro. Fiscal X later wanted to
withdraw the information since Pedro filed with the DOJ a petition for review. Fiscal X filed
motion to dismiss or withdraw the information that he filed.
a. the motion to dismiss will be granted since the prosecutor is in direct control of
prosecution of criminal cases
b. the motion to dismiss may not be granted because once the case had been filed in
court, its dismissal is now properly addressed to the sound discretion of the trial court.

407. The right to intervention of the offended party in a criminal case is based on:
a. His right to enforce the civil liability borne out of the criminal of the accused.
b. His right to demand punishment of the accused
c. His right to have the accused electrocuted
d. His right to protect the society from evil doers

408. Petra is a victim of abduction. Here the public prosecutor:

a. may file the case by himself even without complaint of Petra
b. cannot file the case by himself without the complaint being filed by Petra or her parents,
grandparents or guardian if she were a minor.
c. will dismiss the case
d. must refer the case to mediation

409. Petra is a victim of abduction with rape. Here the public prosecutor:
a. may file the case by himself even without Petra’s complaint
b. cannot file the case by himself without the complaint being filed by Petra or her parents,
grandparents or guardian if she were a minor.
c. will dismiss the case
d. must refer the case to mediation

410. Denise is married to Cedric. Roxan spread gossip that Denis is the concubine of Bong.
Can the public prosecutor file the case of libel/slander against Roxan by himself without the
complaint of Denise?

a. yes
b. no

411. As a general rule allegation of the specific place where the crime is committed is not
required when drafting an information. The exception however is in the crime/s of:
a. robbery in an inhabited house
b. destructive arson
c. trespass to dwelling
d. all of the above
e.
412. As a general rule, allegation of the exact time when the crime was committed is not
required when drafting an information, except when the crime charged is:
a. infanticide
b. violations of election laws
c. violations of labor laws such as rule on double pay in declared holidays
d. certain laws on gambling
e. all of the above
f.
413. As a general rule, a duplicitous information is open to a motion to quash. Which among
the following is an exception to the rule on duplicitous information and may therefore not be
challenged via a motion to quash?
a. complex crimes
b. special complex crimes
c. continuous crimes or delito continuado
d. crimes of which the other offense is but an ingredient
e. all of the above

414. A complaint or information is sufficient if it states the following EXCEPT:

a. the name of the accused
b. the designation of the offense
c. the amount of bail required
d. acts or omissions complained of as constituting the offense

415. As a general rule, the precise and exact date and time of the commission of the offense
is required to be specifically stated in the complaint or information.
a. true b. false

416. As a general rule, the precise and exact place of the commission of the offense is
required to be specifically stated in the complaint or information.
a. true b. false

417. The complaint or information must state the name and surname of the accused or any
appellation or nickname by which he has been or is known. If his name cannot be ascertained,
he must be described under a _______ name.
a. alias b. fictitious c. assumed d. baptismal
418. The complaint or information shall state the following except:
a. designation of the offense given by the statute
b. name of the judge and fiscal handling the case
c. acts and omissions constituting the offense
d. qualifying and aggravating circumstances
419. In the complaint or information, if there is no designation of the offense given by the
statute, what should the pleader do?
a. reference shall be made to the section or subsection of the statute punishing it
b. dismiss the case for lack of jurisdiction
c. file a motion to quash the complaint or information
d. all of the above

420. The acts or omissions complained of as constituting the offense and the qualifying and
aggravating circumstances must be stated in ______ and concise language and not necessarily
in the language used in the statute. a. ordinary b. technical c. legal d. very clear

421. The complaint or information need not be stated in the technical or very legalistic
language used by the law but it should be stated in terms that will:
a. enable a person of common understanding to know what offense is being charged
b. enable a person of common understanding to know what qualifying circumstances if any
are being charged
c. enable the court to pronounce proper judgment
d. all of the above

422. The complaint or information is sufficient if it can be understood from its allegations
that the offense was committed or some of its essential ingredients occurred at some place
within the jurisdiction of the court unless:
a. the particular place where it was committed constitutes an essential element of the
offense charged
b. the particular place where it was committed is necessary for its identification
c. both a and b
d. the it charges two or more offenses

423. It is not necessary to state in the complaint or information the precise date the offense
was committed EXCEPT:
a. when time is a material ingredient of the offense
b. when the place is material ingredient of the offense
c. when circumstances of the offender is a material ingredient of the offense
d. when the mind set of the accused is material ingredient of the offense

424. It is not necessary to state the precise date the offense was committed except in the
crime of, which of the following?
a. rape
b. homicide
c. complex crime of direct assault with homicide
d. infanticide

425. As a general rule is not necessary to state the precise date the offense was committed.
However the pleader must:
a. guess the remotest time of the commission of the crime
b. omit the approximate time of the commission of the crime
c. let the judge decide on the exact time of the commission of the crime
d. allege a date as near as possible to the actual date of the commission of the crime

426. The offended party, in case his name is unknown must be described under a:
a. assumed name b. real name c. fictitious name d. A.K.A name

427. If the name of the offended party in crimes against property is unknown, what must the
pleader do?
a. the property must be described with such particularity as to properly identify the
offense charged
b. the victim must be described with such particularity as to properly identify the offense
charged
c. the accused must be described with such particularity as to properly identify the offense
charged
d. all of the above

428. What should the pleader do if the offended party is a juridical person?
a. state its name or any of its known designation or by which it may be identified
b. dismiss the case for lack of respondent
c. either a or b
d. cause a through investigation first and file the case later

429. As a rule, a complaint or information must charge _____ offense. a. one

b. two
c. three
d. as many offenses as there appear to be committed by the accused

430. The joinder of two or more offenses in only one information is known as:
a. duplicitous information b. illegal information c. legal information

431. What is the remedy of an accused who is being charged under a duplicitous
information?
a. file a motion to dismiss
c. cry and cry until he dies
b. file a motion to quash
d. file demurrer to evidence

432. A complaint or information may be amended, in form or substance, without leave of

court, at any time before the accused enters his plea. What is meant by
“leave of court?”
a. knowledge of the court c. against the will of the judge
b. permission of the court d. vacation of the court personel

433. A complaint or information may be amended, in form or substance, without leave of

court, at any time before the accused enters his plea. The underlined statement refers to until
what stage of the trial?
a. pre-trial c. arraignment
b. promulgation of judgment d. appeal

434. The following are correct venues of trial in the cases and circumstances stated
hereunder EXCEPT one. Which one is it?
(a) Subject to existing laws, the criminal action shall be instituted and tried in the court of
the municipality or territory where the offense was committed or where any of its essential
ingredients occurred.
(b) Where an offense is committed in a train, aircraft, or other public or private vehicle in
the course of its trip, the criminal action shall be instituted and tried in the court of any
municipality or territory where such train, aircraft, or other vehicle passed during its trip,
including the place of its departure and arrival.
(c) Where an offense is committed on board a vessel in the course of its voyage, the
criminal action shall be instituted and tried in the court of the first port of entry or of any
municipality or territory where the vessel passed during such voyage, subject to the generally
accepted principles of international law.
d. Where the offense is committed by a Senator or Congressman the case shall be filed before
Congress itself so that they may be impeached

RULE 111
Prosecution of Civil Action
435: What is the general rule when a criminal action has been instituted?
a. When a criminal action is instituted, the civil action for the recovery of civil liability
arising from the offense charged shall be deemed instituted with the criminal action unless the
offended party waives the civil action, reserves the right to institute it separately or institutes
the civil action prior to the criminal action.
b. When a criminal action is instituted, the civil action for the recovery of civil liability
arising from the offense charged shall be expressly instituted with the criminal action unless the
offended party waives the civil action, reserves the right to institute it separately or institutes
the civil action prior to the criminal action.

436: Which among the following is the exception to the rule that When a criminal action is
instituted, the civil action for the recovery of civil liability arising from the offense charged shall
be deemed instituted with the criminal action?
a. If the offended party waives the civil action
b. If the offended reserves the right to institute it separately
c. If the offended party institutes the civil action prior to the criminal action d. All of these

437: When is the proper time to reserve the right to institute the separate civil action?
a. The reservation shall be made before the prosecution starts presenting its evidence
b. The reservation shall be made under circumstances affording the offended
party a reasonable opportunity to make such reservation.
c. Both a and b
d. Only “a” is the right answer

438: What happens when the offended party seeks to enforce civil liability against the accused
by way of moral, nominal, temperate, or exemplary damages without specifying the amount
thereof in the complaint or information?
a. The filing fees thereof shall constitute a first lien on the judgment awarding such
damages
b. The complainant must pay the appropriate filing fees otherwise the court
will have no jurisdiction

439: If the amount of damages, other than actual, is specified in the complaint or information,
what must the complainant do?
a. He must the corresponding filing fees upon the filing thereof in court.
b. He may not pay the filing fees anymore

440: As a general rule no filing fees shall be required or paid by the complainant or offended
party for what kind of damages?
a. Moral
b. Exemplar
c. Nominal
d. Temperate
e. Actual
f. Liquidated

441: In a criminal case, the accused is not allowed to file this. a. counterclaim
b. cross-claim
c. third-party
d. all of these

442. The rules say that the criminal action for violation of Batas Pambansa Blg. 22 shall be
deemed to include the corresponding civil action. No reservation to file such civil action
separately shall be allowed. This statement is:
a. true b. false
443. Where the civil action has been filed separately from the criminal action and trial thereof
has not yet commenced, it may be consolidated with the criminal action upon application with
the court trying which case?
a. Court trying the civil action
b. Court trying the criminal action
444. After the criminal action has been commenced, the separate civil action arising
therefrom cannot be instituted until final judgment has been entered in the criminal action.
This statement is:
a. true b. false
445. If the criminal action is filed after the civil action has already been instituted, the
_______ shall be suspended in whatever stage it may be found before judgment on the merits.
The suspension shall last until final judgment is rendered in the criminal action.
a. Civil action
b. Criminal action
446. This states that where both criminal and civil actions arising from the same facts are filed
in different courts, the civil case may be suspended in whatever stage it may be found.
a. Doctrine of primacy of criminal actions
b. Doctrine of primacy of civil actions

447. If a civil action is filed separately from the criminal action and before judgment on the
merits is rendered in the civil action, it may, upon motion of the offended party, be ________
with the criminal action in the court trying the criminal action. In case of consolidation, the
evidence already adduced in the civil action shall be deemed automatically reproduced in the
criminal action a. Joined
b. Combined
c. Intertwined
d. Consolidated

448. Extinction of the penal action does not carry with it extinction of the civil action. However,
the civil action based on delict shall be deemed extinguished if there is a finding in a final
judgment in the criminal action that the act or omission from which the civil liability may arise
did not exist. The statement is:
a. True b. false
449. In the cases provided for in Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines,
the independent civil action may be brought by the offended party. It shall proceed
independently of the criminal action and shall require only what kind of evidence?
a. Proof beyond reasonable doubt c. Substantial evidence evidence d. None of these
b. Preponderance of evidence
450. A final judgment rendered in a civil action absolving the defendant from civil liability is not
a bar to a criminal action against the defendant for the same act or omission subject of the civil
action. The statement:
a. True
b. false

451. It is one which arises in a case, the resolution of which is a logical antecedent of the issue
involved therein and the cognizance of which pertains to another tribunal.
a. Judicial question
b. Prejudicial question

452: Where does the accused file a petition for suspension of the criminal action based upon
the pendency of a prejudicial question in a civil action?
a. Office of the prosecutor
b. The court conducting the preliminary investigation
c. When the criminal action has been filed in court for trial, the petition to suspend shall
be filed in the same criminal action at any time before the prosecution rests.

d. All of these

453. The elements of a prejudicial question are:

(a) the previously instituted civil action involves an issue similar or intimately related to the
issue raised in the subsequent criminal action
(b) the resolution of such issue determines whether or not the criminal action may proceed.
c. all of these
RULE 112
Preliminary Investigation
454. It is an inquiry or proceeding to determine whether there is sufficient ground to engender
a well-founded belief that a crime has been committed and the respondent is probably guilty
thereof, and should be held for trial.
a. Inquest
b. Preliminary examination
c. Preliminary trial
d. Preliminary investigation

455. A preliminary investigation is required to be conducted before the filing of a complaint or

information if:
a. the penalty prescribed by law for the alleged offense is at least four (4) years, two
(2) months and one (1) day without regard to the fine.
b. the penalty prescribed by law for the alleged offense is at least four (4) years, two
(2) months and one (1) day with regard to the fine.
c. The penalty is below 4 years 2 months and 1 day

456. Who may not conduct preliminary investigations?

(a) Provincial or City Prosecutors and their assistants;
(b) Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts; (c) National and
Regional State Prosecutors; and (d) Other officers as may be authorized by law.

457. In a preliminary investigation, the affidavits shall be subscribed and sworn to before any
prosecutor or government official authorized to administer oath, or, in their absence or
unavailability, before a notary public. The statement is: a. true
b. false

458. In a preliminary investigation, within _______ days after the filing of the complaint, the
investigating officer shall either dismiss it if he finds no ground to continue with the
investigation, or issue a subpoena to the respondent attaching to it a copy of the complaint and
its supporting affidavits and documents.
a. 10 days
b. 5 days

459. Within______ days from receipt of the subpoena with the complaint and supporting
affidavits and documents, the respondent shall submit his counteraffidavit and that of his
witnesses and other supporting documents relied upon for his defense.
a. 10 days
b. 5 days

460. If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-
affidavits within the ten (10) day period, the investigating officer shall:
a. resolve the complaint based on the evidence presented by the complainant
b. dismiss the case
c. automatically file the case

461. No complaint or information may be filed or dismissed by an investigating prosecutor

without the prior written authority or approval of the provincial or city prosecutor or chief state
prosecutor or the Ombudsman or his deputy. This statement is:
a. true
b. false

462. Where the investigating prosecutor recommends the dismissal of the complaint but his
recommendation is disapproved by the provincial or city prosecutor or chief state prosecutor or
the Ombudsman or his deputy on the ground that a probable cause exists, the latter may, by
himself, file the information against the respondent, or direct any other assistant prosecutor or
state prosecutor to do so without conducting another preliminary investigation. This statement
is: a. true
b. false
463. The issuance of a warrant of arrest is not necessary in this case.
a. The accused is already under detention pursuant to warrant issued by mtc
b. When the accused is lawfully arrested without a warrant
c. The offense is punishable by a fine only
d. All of these

464. When a person is lawfully arrested without a warrant involving an offense which requires a
preliminary investigation, the complaint or information may be filed by a prosecutor without
need of such investigation provided that this has been made
a. Preliminary investigation
b. Torture
c. Complaint filed by complainants
d. Inquest

465. If the accused was arrested without a warrant, before the complaint or information is filed,
the person arrested may ask for a preliminary investigation in accordance with this Rule, but he
must sign a waiver of the provision of which Article of the Revised Penal Code as amended, in
the presence of his counsel?
a. Article 124 on arbitrary detention proper
b. Article 125 on arbitrary detention by delay in the delivery of detained persons to the
proper judicial authorities.

466. After the filing of the complaint or information in court without a preliminary investigation,
the accused may, within ________ days from the time he learns of its filing, ask for a
preliminary investigation
a. 5 days
b. 10 days

RULE 113
Arrest
467. The taking of a person into custody in order that he may be bound to answer for the
commission of an offense.
a. arrest b. search c. rape d. detention
468. An arrest is made by an actual restraint of a person to be arrested, or by his what?
a. Submission to the custody of the person making the arrest.
b. Delivering a surrender feelers with a person in authority or agent

469. It shall be the duty of the officer executing the warrant to arrest the accused and to deliver
him to the nearest police station or jail without unnecessary delay. The statement is:
a. True
b. False
470. The head of the office to whom the warrant of arrest was delivered for execution shall
cause the warrant to be executed within _____ days from its receipt. Within ten (10) days after
the expiration of the period, the officer to whom it was assigned for execution shall make a
report to the judge who issued the warrant. a. 10 days
b. 5 days

471. Which among the following is not a valid ground to arrest another without warrant?
(a) When, in his presence, the person to be arrested has committed, is actually committing,
or is attempting to commit an offense;
(b) When an offense has just been committed, and he has probable cause to believe based
on personal knowledge of facts or circumstances that the person to be arrested has committed
it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined while his
case is pending, or has escaped while being transferred from one confinement to another.
(d) When the person to be arrested is acting suspiciously or there are reliable information
that the person is the criminal.
472. An arrest may be made on any weekdays and office hours only. The statement is:
a. True
b. False

473. The officer need not have the warrant in his possession at the time of the arrest but after
the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as
practicable. The statement is:
a. True
b. False

474. When making an arrest without a warrant, the officer must: inform the person to be
arrested of his authority and the cause of the arrest, unless
a. the accused is engaged in the commission of an offense
b. the accused is pursued immediately after its commission,
c. the accused has escaped, flees or forcibly resists before the officer has opportunity so to
inform him
d. the giving of such information will imperil the arrest
e. all of these

475. When making an arrest, a private person shall inform the person to be arrested of the
intention to arrest him and cause of the arrest, unless:
a. the accused is engaged in the commission of an offense
b. the accused is pursued immediately after its commission
c. accused has escaped, flees, or forcibly resists before the person making the arrest has
opportunity to so inform him
d. when the giving of such information will imperil the arrest
e. all of these

476. An officer making a lawful arrest may orally summon as many persons as he deems
necessary to assist him in effecting the arrest. Every person so summoned by an officer shall
assist him in effecting the arrest when he can render such assistance without detriment to
himself. The statement is:
a. true
b. false

477. An officer, in order to make an arrest either by virtue of a warrant, or without a warrant
may break into any building or enclosure where the person to be arrested is or is reasonably
believed to be if he is refused admittance thereto, after announcing his authority and purpose.
This is:

break open/in doctrine not allowed

c. police brutality or abuse

478. Whenever an officer has entered the building or enclosure in accordance with the
preceding section, he may break out therefrom when necessary to liberate himself.
a. Right to break out
b. Break out doctrine
c. All of these

479. If a person lawfully arrested escapes or is rescued, any person may immediately pursue or
retake him without a warrant at any time and in any place within the Philippines. The
statement is:
a. True
b. False
RULE 114
Bail
480. It is the security given for the release of a person in custody of the law, furnished by him or
a bondsman, to guarantee his appearance before any court as required under the conditions
hereinafter specified.
a. bail b. recognizance c. property bond d. james bond e. robber bond

481. Which among these is a condition of bail grant?

(a) The undertaking shall be effective upon approval, and unless cancelled, shall remain in
force at all stages of the case until promulgation of the judgment of the Regional Trial Court.
(b) The accused shall appear before the proper court whenever required by the court of
these Rules;
(c) The failure of the accused to appear at the trial without justification and despite due
notice shall be deemed a waiver of his right to be present thereat. In such case, the trial may
proceed in absentia; and
(d) The bondsman shall surrender the accused to the court for execution of the final
judgment.
(e) All of these

482. No person under detention by legal process shall be released or transferred except upon
order of the court or when he is admitted to bail. The statement is: a. true
b. false

483. Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court,
Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and before conviction by the
Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life
imprisonment, bail is a matter of:
right discretion

484. Upon/after the conviction by the Regional Trial Court of an offense not punishable by
death, reclusion perpetua, or life imprisonment, admission to bail is _____.
a. Matter of right
b. Matter of discretion

485. Which among these is the correct statement regarding where to apply for bail? a. The
application for bail may be filed and acted upon by the trial court despite the filing of a notice
of appeal, provided it has not transmitted the original record to the appellate court.
b. If the decision of the trial court convicting the accused changed the nature of the
offense from non-bailable to bailable, the application for bail can only be filed with and
resolved by the appellate court.
c. All of these

486. When is the accused denied bail?

a. If the penalty imposed by the trial court is imprisonment exceeding six (6) years.
b. If the penalty is 6 years or less

487. The accused shall be denied bail, or his bail shall be cancelled upon a showing by the
prosecution, with notice to the accused, of which of the following circumstances?
(a) accused is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the
crime aggravated by the circumstance of reiteration;
(b) accused has previously escaped from legal confinement, evaded sentence, or violated
the conditions of his bail without valid justification;
(c) accused committed the offense while under probation, parole, or conditional pardon;
(d) The circumstances of his case indicate the probability of flight if released on bail; or
(e) That there is undue risk that he may commit another crime during the pendency of the
appeal.
(f) all of these
488. This is an offense which, under the law existing at the time of its commission and of the
application for admission to bail, may be punished with death. penalty
a. Heinous crimes
b. Capital offense
489. No person charged with a capital offense, or an offense punishable by reclusion
perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong. The
statement is:
Correct
Not correct

490. Who has the burden of proof or of showing that evidence of guilt is strong so that the
accused may be denied bail?
a. defense b. judge c. prosecution d. complainant

491. The judge who issued the warrant may fix a reasonable amount of bail considering which
of the following factors:
(a) Financial ability of the accused to give bail;
(b) Nature and circumstances of the offense;
(c) Penalty for the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused;
(f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
(i) The fact that accused was a fugitive from justice when arrested; and (j) Pendency of
other cases where the accused is on bail.
(k) all of these

492. It is an undertaking constituted as lien on the real property given as security for the
amount of the bail.
a. rubber bond b. james bond c. mighty bond d. property bond

493. The payment of bail shall be made to: a. nearest collector or internal revenue
b. provincial, city, or municipal treasurer
c. judge
d. all of these except “c”

494. When a person has been in custody for a period equal to or more than the possible
maximum imprisonment prescribe for the offense charged, he shall be
_____
a. released immediately
b. sentenced to death

495. If the maximum penalty to which the accused may be sentenced is _______ he shall be
released after thirty (30) days of preventive imprisonment.
a. arresto menor
b. destierro

496. A person in custody for a period equal to or more than the minimum of the principal
penalty prescribed for the offense charged, without application of the

Indeterminate Sentence Law or any modifying circumstance, shall be released on a reduced bail
or on ________.
a. Recognizance
b. Parole
c. Probation
d. All of these

497. Bail may be filed with the court where the case is pending, or in the absence or
unavailability of the judge thereof, with any regional trial judge, metropolitan trial judge,
municipal trial judge, or municipal circuit trial judge in the province, city, or municipality. If the
accused is arrested in a province, city, or municipality other than where the case is pending, bail
may also be filed with any regional trial court of said place, or if no judge thereof is available,
with any metropolitan trial judge, municipal trial judge, or municipal circuit trial judge therein.
The statement is:
a. True
b. False

498. An act institutionalizing recognizance as a mode of granting the release of an indigent

person in custody as an accused in a criminal case and for other purposes "recognizance act of
2012″.
a. RA 10389

499. It is a mode of securing the release of any person in custody or detention for the
commission of an offense who is unable to post bail due to abject poverty. The court where the
case of such person has been filed shall allow the release of the accused, to the custody of a
qualified member of the barangay, city or municipality where the accused resides.
a. Guarantee
b. Recognizance
c. Palabra de Honor

500. An indigent person shall be refused to be released on recognizance if which of these is

proven?
(a) The accused bad made untruthful statements in his/her sworn affidavit under RA 10389
(b) He is a recidivist, quasi-recidivist, habitual delinquent, or has committed a crime
aggravated by the circumstance of reiteration;
(c) He had been found to have previously escaped from legal confinement, evaded
sentence or has violated the conditions of bail or release on recognizance without valid
justification;
(d) He had previously committed a crime while on probation, parole or under conditional
pardon;
(e) The personal circumstances of the accused or nature of the facts surrounding his/her
case indicate the probability of flight if released on recognizance;
(f) There is a great risk that the accused may commit another crime during the pendency of
the case; and
(g) The accused has a pending criminal case which has the same or higher penalty to the
new crime he/she is being accused of.
(i) all of these)

501. Which of these is qualification of the custodian of the person released on recognizance?
(a) A person of good repute and probity;
(b) A resident of the barangay where the applicant resides;
(c) Must not be a relative of the applicant within the fourth degree of consanguinity or
affinity; and
(d) Must belong to any of the following sectors and institutions: church, academe, social
welfare, health sector, cause-oriented groups, charitable organizations or organizations
engaged in the rehabilitation of offenders duly accredited by the local social welfare and
development officer
(e) All of these

502. This penalty shall be imposed upon the custodian who failed to deliver or produce the
accused who was released on recognizance before the court, upon due notice, without
justifiable reason.
a. 6 months to 2 years imprisonment
b. Death Penalty

503. The bond of the accused shall be forfeited when: a. He fails to appear in person as
required
b. He commits another crime

504. When is bail be cancelled?

a. upon surrender of the accused
b. proof of his death.
c. acquittal of the accused
d. dismissal of the case
e. execution of the judgment of conviction
f. all of these

505. An accused released on bail may be re-arrested without the necessity of a warrant if he
attempts to depart from the Philippines without permission of the court where the case is
pending. The statement is:
a. true
b. false

506. No bail shall be allowed after the judgment of conviction has become final. If before such
finality, the accused has applies for probation, he may be allowed temporary liberty under his
bail. When no bail was filed or the accused is incapable of filing one, the court may allow his
release on recognizance to the custody of a responsible member of the community. In no case
shall bail be allowed after the accused has commenced to serve sentence. The statement is: a.
true
b. false

507. An application for or admission to bail shall not bar the accused from challenging the
validity of his arrest or the legality of the warrant issued therefor, or from assailing the
regularity or questioning the absence of a preliminary investigation of the charge against him,
provided that he raises them before this time.
a. After entering his plea
b. Before entering his plea
c. During appeal
d. Anytime before judgment becomes final

RULE 115
Rights of Accused
508. Upon motion, the accused may be allowed to defend himself in person if:

a. it sufficiently appears to the court that he can properly protect his right without the
assistance of counsel.
b. The accused is found by the court to be of extraordinary high intellect

509. The accused has the right to testify as a witness in his own behalf but subject to cross
examinations. His silence shall not in any manner prejudice him. a. true
b. false

510. To be exempt from being compelled to be a witness against himself, is the right of the
accused against:
a. false prosecution
b. self incrimination

511. This right was established on the grounds of public policy and humanity — of policy,
because if the party were required to testify, it would place the witness under the strongest
temptation to commit the crime of perjury, and of humanity, because it would prevent the
extorting of confessions by duress."
a. Right to lawyer
b. Right against self incrimination

512. He is a lawyer appointed by the court, from among such members of the bar in good
standing who by reason of their experience and ability may adequately defend the accused in a
criminal case.

Counsel de parte
b. Counsel de officio

513. It is one free from vexatious, capricious and oppressive delays. Its salutary objective being
to assure that an innocent person may be freed from the anxiety and expense of a court
litigation. It is one that can be had as soon as possible after a person is indicted, and within such
time as the prosecution may with reasonable diligence could prepare for it.
a. Right to speedy trial
b. Right to appeal

RULE 116
Arraignment and Plea
514. This shall be made in open court by the judge or clerk by furnishing the accused with a
copy of the complaint or information, reading the same in the language or dialect known to
him, and asking him whether he pleads guilty or not guilty
a. arraignment
b. trial
c. judgment

515. The accused must be present at the arraignment and must _______enter his plea.
a. personally
b. impersonally

516. When the accused refuses to plead or makes a conditional plea, a plea of _____ shall be
entered for him.
a. guilty
b. not guilty

517. When the accused pleads guilty but presents exculpatory evidence, his plea shall be
deemed withdrawn and a plea of _______ shall be entered for him. a. guilty
b. not guilty

518. The private offended party is also required to appear at the arraignment for purposes of
a. plea bargaining
b. determination of civil liability
c. other matters requiring his presence.
d. All of these

519. In case of failure of the offended party to appear at arraignment or pre trial: the court may
allow the accused to enter a plea of guilty to a lesser offense which is necessarily included in
the offense charged with the conformity of the trial prosecutor alone.
b. The court may issue a bench warrant against the offended party or cite him in contempt

520. At arraignment, the accused, with the consent of the offended party and the prosecutor,
may be allowed by the trial court to plead guilty to a lesser offense which is necessarily included
in the offense charged. After arraignment but before trial, the accused may still be allowed to
plead guilty to said lesser offense after withdrawing his plea of not guilty. No amendment of the
complaint or information is necessary. This is known as:
a. Stifling of criminal case
b. Compromise
c. Plea bargaining

521. The process whereby the accused and the prosecutor in a criminal case work out a
mutually satisfactory disposition of the case subject to court approval. It usually involves the
defendant’s pleading guilty to a lesser offense or to only one or some of the counts of a multi
count indictment in return for a lighter sentence than for the grave charge.
a. Plea bargaining
b. Plea of guilty
522. When the accused pleads guilty to a capital offense, what should the court do? a. the court
shall conduct a searching inquiry into the voluntariness and full comprehension of the
consequences of his plea
b. require the prosecution to prove his guilt and the precise degree of culpability. c. All of these

523. When the accused pleads guilty to a non-capital offense, the court may a. receive
evidence from the parties to determine the penalty to be imposed.
b. Sentence the accused to death

524. At any time before the judgment of conviction becomes final, the court may permit an
improvident plea of guilty to be withdrawn and be substituted by a plea of not guilty. What is
an improvident plea?
a. Plea made without proper advice or recklessly entered by the accused without
comprehending its seriousness and consequences.
b. Plea that is subject to the condition that certain penalty be imposed.

525. Before arraignment, the court shall inform the accused of his right to counsel and ask him
if he desires to have one. Unless the accused is allowed to defend himself in person or has
employed a counsel of his choice, the court must assign him a ________
Counsel de officio
b. Counsel de parte

526. In localities where such members of the bar are not available, the court may appoint any
person, resident of the province and of good repute for probity and ability, to defend the
accused. The statement is:
a. True
b. False

527. A counsel de officio shall be given _______ to consult with the accused as to his plea
before proceeding with the arraignment.
a. Reasonable time
b. 1 hour

528. The accused may, before arraignment, move or file a ___________ to enable him properly
to plead and to prepare for trial. The motion shall specify the alleged defects of the complaint
or information and the details desired.
a. Motion to quash
b. Bill of particulars

529. It is a statement which makes a pleading more certain by furnishing additional information
respecting the cause of action or defense.
a. Bill of particulars
b. Motion to quash

530. Grounds to suspend the arraignment is which of these?

(a) The accused appears to be suffering from an unsound mental condition which effective
renders him unable to fully understand the charge against him and to plead intelligently
thereto. In such case, the court shall order his mental examination and, if necessary, his
confinement for such purpose;
(b) There exists a prejudicial question; and
(c) A petition for review of the resolution of the prosecutor is pending at either the
Department of Justice, or the Office of the President; provided, that the period of suspension
shall not exceed sixty (60) days counted from the filing of the petition with the reviewing office.
(d) all of these

RULE 117
Motion to Quash
531. It is a special pleading filed by the defendant before entering his plea, which
hypothetically admits the truth of the facts spelled out in the complaint or information but at
the same time it sets up a matter which if duly proved, would preclude further proceedings.
a. Motion to quash
b. Demurrer to evidence

532. When may the accused file a motion to quash? a. at any time before entering his plea
b. after entering his plea

533. Which of these is a ground for motion to quash?

(a) That the facts charged do not constitute an offense;
(b) That the court trying the case has no jurisdiction over the offense charged;
(c) That the court trying the case has no jurisdiction over the person of the accused;
(d) That the officer who filed the information had no authority to do so;
(e) That it does not conform substantially to the prescribed form;
(f) That more than one offense is charged except when a single punishment for various
offenses is prescribed by law;
(g) That the criminal action or liability has been extinguished;
(h) That it contains averments which, if true, would constitute a legal excuse or justification;
and
(i) That the accused has been previously convicted or acquitted of the offense charged, or
the case against him was dismissed or otherwise terminated without his express consent.
(k) all of these

534. If the motion to quash is based on an alleged defect of the complaint or information which
can be cured by amendment, the court shall order that an amendment be made. The statement
is:
a. true
b. false

535. If the motion to quash is sustained, the court may order that another complaint or
information be filed. The statement is:
a. true
b. false

536. An order sustaining the motion to quash is not a bar to another prosecution for the same
offense unless the motion was based on the grounds:
a. criminal action or liability is extinguished
b. double jeopardy
c. all of the above

537. When an accused files a M2Q, he must include all the grounds available in support of his
motion. His failure to allege them all in the motion will mean their waver. They could not be
raised anymore specially on appeal. This is the:
a. omnibus motion rule
b. double jeopardy rule

538. Exceptions to the omnibus motion rule. They can be filed even if not raised before
arraignment.
a. Facts charge do not constitute an offense
b. Court trying the case has no jurisdiction
c. Criminal offense or liability is extinguished
d. Double jeopardy
e. Duplicitous information
f. All of these except “e”
539. When an accused has been convicted or acquitted, or the case against him dismissed or
otherwise terminated without his express consent by a court of competent jurisdiction, upon a
valid complaint or information or other formal charge sufficient in form and substance to
sustain a conviction and after the accused had pleaded to the charge, the conviction or
acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for
the offense charged, or for any attempt to commit the same or frustration thereof, or for any
offense which necessarily includes or is necessarily included in the offense charged in the
former complaint or information. This is known as:
a. double jeopardy
b. ex post facto law

540. It is a dismissal of a criminal case without prejudice to refilling the same case in the future.
a. Provisional dismissal
b. Temporary dismissal

541. A case shall not be provisionally dismissed except with the express consent of the accused
and with notice to the offended party. The statement is: a. True
b. False

542. The provisional dismissal of offenses punishable by imprisonment not exceeding six (6)
years or a fine of any amount, or both, shall become permanent after ____
a. one (1) year after issuance of the order without the case having been revived b. 2 years

543. With respect to offenses punishable by imprisonment of more than six (6) years, the
provisional dismissal shall become permanent 3 years after issuance of the order without the
case having been revived. The statement is a. True
b. False

544. The failure of the accused to assert any ground of a motion to quash before he pleads to
the complaint or information, either because he did not file a motion to quash or failed to
allege the same in said motion, shall be deemed a waiver of any objections based on the
grounds provided for in paragraphs (a), (b), (g), and (i) of section 3 of Rule 117.
a. Omnibus motion rule
b. Summary Procedure

RULE 118
Pre-Trial
545. It is a conference between the court and the counsel to consider the simplification of
issues, the necessity or desirability of amendments to the pleadings and the possibility of
obtaining admissions to avoid unnecessary proof and such other matter as may aid in the
disposition of the case.
a. Pre trial order
b. Pre trial

546. Which of these is considered during the pre trial?

(a) plea bargaining;
(b) stipulation of facts;
(c) marking for identification of evidence of the parties;
(d) waiver of objections to admissibility of evidence;
(e) modification of the order of trial if the accused admits the charge but interposes a
lawful defense; and
(f) such other matters as will promote a fair and expeditious trial of the criminal and civil
aspects of the case.
(g) All of these

547. It is the discontinuance of a criminal prosecution by the prosecuting officer, with consent
of the court. It is a written argument presented by the prosecuting officer stating that he does
not believe the evidence sufficient to warrant the conviction of the accused.
a. Nolle Prosequi
b. Motion to dismiss
548. After the pre-trial conference, the court shall issue an order reciting the actions taken, the
facts stipulated and the evidenced marked. What do you call this order?
a. pre-trial order b. arraignment

RULE 119
Trial
549. After a plea of not guilty is entered, the accused shall have at least _______ days to
prepare for trial
a. 15 days
b. 10 days

550. It is the examination before a competent tribunal of the facts put in issue for the purpose
of determining such issue.
a. Trial
b. Pre trial

551. The order of trial shall be:

(a) The prosecution shall present evidence to prove the charge and, in the proper case, the
civil liability.
(b) The accused may present evidence to prove his defense, and damages, if any.
(c) The prosecution and the defense may, in that order, present rebuttal and surrebuttal
evidence unless the court, in furtherance of justice, permits them to present additional
evidence bearing upon the main issue.
(d) Upon admission of the evidence of the parties, the case shall be deemed submitted for
decision unless the court directs them to argue orally or to submit written memoranda.
(e) When the accused admits the act or omission charged in the complaint or information
but interposes a lawful defense, the order of trial may be modified. (f) All of these

552. When the court is satisfied, that a material witness will not testify when required, it may,
upon motion of either party, order the witness to_______ . Upon refusal to post bail, the court
shall commit him to prison until he complies. a. Post bail
b. Sentenced to destierro

553. When two or more accused are jointly charged with any offense, they shall be tried
_______ unless the court, in its discretion and upon motion of the prosecutor or any accused,
orders separate trial for one or more accused. a. jointly
b. separately

554. Which of these is a requirement before a person may become a state witness?
(a) There is absolute necessity for the testimony of the accused whose discharge is
requested;
(b) The is no other direct evidence available for the proper prosecution of the offense
committed, except the testimony of said accused;
(c) The testimony of said accused can be substantially corroborated in its material points;
(d) Said accused does not appear to be the most guilty; and
(e) Said accused has not at any time been convicted of any offense involving moral
turpitude.
(f) All of these

555. The order that the accused is officially a state witness shall amount to ______of the
discharged accused and shall be a bar to future prosecution for the same offense, unless the
accused fails or refuses to testify against his co-accused. a. Acquittal
b. Conviction

556. When it becomes manifest at any time before judgment that a mistake has been made in
charging the proper offense and the accused cannot be convicted of the offense charged or any
other offense necessarily included therein, the accused shall not be discharged if there appears
good cause to detain him. What should the court do then?
a. The court shall dismiss the original case upon the filing of the proper information.
b. The court shall re raffle the case to another judge

557. The judge may, motu proprio, exclude the public from the courtroom if the evidence to be
produced during the trial is :
a. offensive to decency
b. offensive to public morals
c. all of these
558. Charges for offenses founded on the same facts or forming part of a series of offenses of
similar character may be tried jointly at the discretion of the court.
This is:
a. consolidation of trial
b. forum shopping

559. After the prosecution rests its case, the court may dismiss the action on the ground of
insufficiency of evidence on its own initiative after giving the prosecution the opportunity to be
heard or upon __________ filed by the accused with or without leave of court.
a. Motion to dismiss
b. Demurrer to evidence

560. The order denying the motion for leave of court to file demurrer to evidence or the
demurrer itself shall not be reviewable by appeal or by certiorari before judgment.
a. true b. false

561. It is a motion to dismiss based on insufficiency of evidence which may be filed within a
non-extendible period of 5- days after the prosecution has rested the case. AKA- Motion to
acquit.
a. Demurrer to evidence
b. Motion to quash

562. When do you file demurrer to evidence?

a. After the prosecution rested its case
b. Before the prosecution rested its case

563. Which of these is a ground to file demurrer to evidence? a. Evidence of the prosecution is
insufficient
b. Lack of jurisdiction of the court
c. Double jeopardy
d. The officer who filed the information had no authority
e. All of these

RULE 120
Judgment
564. It is the adjudication by the court that the accused is guilty or not guilty of the offense
charged and the imposition on him of the proper penalty and civil liability, if any. It must be
written in the official language, personally and directly prepared by the judge and signed by him
and shall contain clearly and distinctly a statement of the facts and the law upon which it is
based.
a. Decision
b. Judgment

565. The judgment must contain:

a. the legal qualification of the offense constituted by the acts committed by the accused
and the aggravating or mitigating circumstances which attended its commission
b. the participation of the accused in the offense, whether as principal, accomplice, or
accessory after the fact
c. the penalty imposed upon the accuse
d. the civil liability or damages caused by his wrongful act or omission to be recovered
from the accused
e. all of these
566. The judgment is _________ by reading it in the presence of the accused and any judge of
the court in which it was rendered. However, if the conviction is for a light offense, this may be
made in the presence of his counsel or representative. When the judge is absent or outside of
the province or city, the judgment may be promulgated by the clerk of court.
a. Promulgated
b. Read
c. Announced

567. If the accused is confined or detained in another province or city, the judgment may be
promulgated by the __________ of the Regional Trial Court having jurisdiction over the place of
confinement or detention upon request of the court which rendered the judgment.
A. Executive judge
B. Chief PAO
RULE 121
New Trial or Reconsideration
568. This may be granted any time before a judgment of conviction becomes final upon motion
of accused or upon judge initiative.
a. Motion for new trial
b. Appeal

569. Which among the following is a ground for new trial?

(a) The errors of law or irregularities prejudicial to the substantial rights of the accused
have been committed during the trial;
(b) The new and material evidence has been discovered which the accused could not with
reasonable diligence have discovered and produced at the trial and which if introduced and
admitted would probably change the judgment. (c) All of these

570. The only ground for motion for reconsideration in criminal proceedings:
a. errors of law or fact in the judgment, which requires no further proceedings. b. Miscarriage
of justice

571. Effects of the grant of motion for new trial or reconsideration is:
(a) all proceedings and evidence affected thereby shall be set aside and taken anew. The
court may, in the interest of justice, allow the introduction of additional evidence.
(b) evidence already adduced shall stand and the newly-discovered and such other
evidence as the court may, in the interest of justice, allow to be introduced shall be taken and
considered together with the evidence already in the record.
(c) When the court grants new trial or reconsideration, the original judgment shall be set
aside or vacated and a new judgment rendered accordingly. (d) All of these

RULE 122
Appeal
572. Any party may appeal from a judgment or final order, unless the accused will be placed in
double jeopardy. The statement is:
a. True
b. False

573. The appeal to CA from RTC in cases decided by the RTC out of its original jurisdiction is:
a. notice of appeal

574. The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the
exercise of its appellate jurisdiction shall be by:
a. Petition for review

575. Which of these is the effect of appeal of several accused?

(a) An appeal taken by one or more of several accused shall not affect those who did not
appeal, except insofar as the judgment of the appellate court is favorable and applicable to the
latter;
(b) The appeal of the offended party from the civil aspect shall not affect the criminal
aspect of the judgment or order appealed from.
(c) Upon perfection of the appeal, the execution of the judgment or final order appealed
from shall be stayed as to the appealing party. (d) all of these

RULE 123
Procedure in the Municipal Trial Courts
576. The procedure to be observed in the Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts shall be the same as in the Regional Trial Courts, except where a
particular provision applies only to either of said courts and in criminal cases governed by the
Revised Rule on Summary Procedure. This is known as:
a. Uniform procedure
RULE 124
Procedure in the Court of Appeals
577. In all criminal cases appealed to the Court of Appeals, the party appealing the case shall be
called the ________ and the adverse party the "appellee,". a. Appellant
b. Movant
c. Sore loser
d. Petitioner
RULE 125
Procedure in the Supreme Court
578. When the Supreme Court en banc is equally divided in opinion or the necessary majority
cannot be had on whether to acquit the appellant, the case shall again be deliberated upon and
if no decision is reached after redeliberation, the judgment of conviction of the lower court
shall be reversed and the accused ________.
a. Acquitted
b. Convicted
RULE 126
Search and Seizure
579. It is an order in writing issued in the name of the People of the Philippines, signed by a
judge and directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court.
a. Warrant of arrest
b. Search warrant

580. Which of these may be seized by virtue of search warrant?

(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, or fruits of the offense; or
(c) Used or intended to be used as the means of committing an offense. (d) All of these

581. Requisites before the judge may issue search warrant are: a. probable cause
b. in connection with one specific offense
c. determined personally by the judge
d. after examination under oath or affirmation of the complainant and the witnesses he
may produce
e. particularly describing the place to be searched and the things to be seized which may
be anywhere in the Philippines
f. all of these

582. The judge must, before issuing the warrant do this:

a. personally examine in the form of searching questions and answers, in writing and
under oath, the complainant and the witnesses he may produce on facts personally known to
them and attach to the record their sworn statements, together with the affidavits submitted.
b. Just rely on the affidavits of the police officers

583. No search of a house, room, or any other premise shall be made except in the presence of:
a. lawful occupant
b. any member of his family
c. two witnesses of sufficient age and discretion residing in the same locality
d. all of these in the order of preference stated

584. The warrant must direct that it be served in the day time, unless the affidavit asserts that
the property is on the person or in the place ordered to be searched, in which case a direction
may be inserted that it be served at any time of the day or night. The statement is:
a. true
b. False

585. A search warrant shall be valid for ten (10) days from its date. Thereafter it shall be still be
valid. The statement is:
a. True
b. False

586. The officer seizing property under the warrant must give a detailed receipt for the same to
the lawful occupant of the premises in whose presence the search and seizure were made, or in
the absence of such occupant, must, in the presence of at least two witnesses of sufficient age
and discretion residing in the same locality, leave a receipt in the place in which he found the
seized property. The statement is:
a. true
b. false

587. A person lawfully arrested may be searched for dangerous weapons or anything which
may have been used or constitute proof in the commission of an offense without a search
warrant. This is:
a. search incidental to lawful arrest
b. arrest incidental to lawful search

588. A motion to quash a search warrant and/or to suppress evidence obtained thereby may be
filed in and acted upon only by the court where the action has been instituted. If no criminal
action has been instituted, the motion may be filed in and resolved by the court that issued the
search warrant. However, if such court failed to resolve the motion and a criminal case is
subsequent filed in another court, the motion shall be resolved by the latter court. The
statement is:
a. true
b. false

RULE 127
Provisional Remedies in Criminal Cases
589. When the civil action is properly instituted in the criminal action as provided in Rule 111,
the offended party may have the property of the accused _____ as security for the satisfaction
of any judgment that may be recovered from the accused . This is:
a. repelvin
b. attached/attachment

590. Attachment of the property of the accused may be made in which of the following?
(a) When the accused is about to abscond from the Philippines;
(b) When the criminal action is based on a claim for money or property embezzled or
fraudulently misapplied or converted to the use of the accused who is a public officer, officer of
a corporation, attorney, factor, broker, agent, or clerk, in the course of his employment as such,
or by any other person in a fiduciary capacity, or for a willful violation of duty;
(c) When the accused has concealed, removed, or disposed of his property, or is about to
do so.
(d) When the accused resides outside the Philippines.
(e) All of these.

591. Which of these provisional remedies may also be availed of in criminal cases? a.
Preliminary attachment
b. Preliminary injunction
c. Receivership
d. Replevin
e. Support pendent lite
f. All of these

EVIDENCE
592. Rules 128-134 is: a. Law on evidence
b. Law on criminal procedure

593. Part IV of the Revised Rules of Court a. Rules of evidence

b. Rules on criminal procedure

594. It is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth
respecting a matter of fact.
a. Criminal procedure
b. Evidence

595. The rules of evidence shall be the same in all courts and in all trials and hearings, except as
otherwise provided by law or these rules. The statement is: a. true
b. false

596. Evidence is admissible when it is relevant to the issue and is not excluded by the law of
these rules.
a. Admissibility of evidence
b. Competency of evidence
c. Relevancy of evidence

597. Evidence must have such a relation to the fact in issue as to induce belief in its existence or
non-existence. Evidence on collateral matters shall ________, except when it tends in any
reasonable degree to establish the probability or improbability of the fact in issue.
a. Be allowed
b. Not be allowed

598. Judicial notice may be mandatory judicial notice or: a. Discretionary judicial notice
b. Optional judicial notice

599. Courts shall take mandatory judicial notice without the introduction of evidence of which
of the following?
a. existence and territorial extent of states
b. political history of states
c. forms of government and symbols of nationality of states
d. the law of nations
e. the admiralty and maritime courts of the world and their seals
f. the political constitution and history of the Philippines
g. the official acts of legislative, executive and judicial departments of the
Philippines
h. the laws of nature
i. the measure of time
j. geographical divisions.
k. All of these
l. None of these

600. Which of these is discretionary judicial notice? a. matters which are of public knowledge
b. matters which are capable to unquestionable demonstration
c. matters which ought to be known to judges because of their judicial functions. d. All of
these

601. When can the court take judicial notice and allow the parties to be heard thereon?
a. During the trial
b. After the trial but before judgment
c. on appeal
d. all of the above
e. none of these
f. some of these

602. These are those verbal or written, made by the party in the course of the proceedings in
the same case, which does not require proof.
a. Judicial admissions
b. Judicial confessions

603. How may judicial admissions be contradicted?

a. by showing that the admission was made through palpable mistake
b. by showing that no such admission was made
c. both a and b
d. by showing that he did not understand the proceedings since it was conducted in
English

604. Those addressed to the senses of the court. a. object (as) evidence
b. documentary evidence

605. When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed
by which of these?
a. Prosecutor
b. Public attorney
c. Accused
d. Court

606. These consist of writing or any material containing letters, words, numbers, figures,
symbols or other modes of written expression offered as proof of their contents.
a. object (as) evidence
b. document (as) evidence (documentary evidence)

607. When the subject of inquiry is the contents of a document, no evidence shall be admissible
other than the original document.
a. Best evidence rule
b. Parole evidence rule
c. Hearsay evidence rule

608. The best evidence rule admits some exceptions. Which of these is the exception to the
best evidence rule?
(a) When the original has been lost or destroyed, or cannot be produced in court, without
bad faith on the part of the offer or;
(b) When the original is in the custody or under the control of the party against whom the
evidence is offered, and the latter fails to produce it after reasonable notice;
(c) When the original consists of numerous accounts or other documents which cannot be
examined in court without great loss of time and the fact sought to be established from them is
only the general result of the whole; and
(d) When the original is a public record in the custody of a public officer or is recorded in a
public office.
(e) All of these

609. Which of these is original document?

(a) The original of the document is one the contents of which are the subject of inquiry.
(b) When a document is in two or more copies executed at or about the same time, with
identical contents, all such copies are equally regarded as originals.
(c) When an entry is repeated in the regular course of business, one being copied from
another at or near the time of the transaction, all the entries are likewise equally regarded as
originals.
(d) all of these
610. When the original document has been lost or destroyed, or cannot be produced in court,
the offeror, upon proof of its execution or existence and the cause of its unavailability without
bad faith on his part, may prove its contents by a copy, or by a recital of its contents in some
authentic document, or by the testimony of witnesses in the order stated. What is being
referred to here is:
a. Secondary evidence
b. Parole evidence
c. Hearsay evidence

611. How do you prove the contents of an original document which is lost or destroyed?
a. By a copy of the original
b. By recital of the contents of the original in some authentic document
c. By the testimony of witness
d. All of these in the order stated

612. If the document is in the custody or under the control of adverse party, he must have
reasonable notice to produce it. If after such notice and after satisfactory proof of its existence,
he fails to produce the document, what may the proponent do?
a. He is now allowed to present secondary evidence may be presented as in the case of its
loss.
b. He may petition the court to cite the opponent in contempt

613. When the original of document is in the custody of public officer or is recorded in a public
office, how may its contents be proven?
a. Its contents may be proven by photocopy that is very clear and has no suspicions of
alterations
b. its contents may be proved by a certified copy issued by the public officer in custody
thereof.

614. A party who calls for the production of a document and inspects the same is ______
obliged to offer it as evidence.
a. very
b. not

615. When the terms of an agreement have been reduced to writing, it is considered as
containing all the terms agreed upon and there can be, between the parties and their
successors in interest, no evidence of such terms other than the contents of the written
agreement. This is:
a. Hearsay evidence rule
b. Parole evidence rule
c. Res Inter alios acta rule
d. All of these
e. None of these

616. Which of these is the exception to the parole evidence rule?

(a) An intrinsic ambiguity, mistake or imperfection in the written agreement;
(b) The failure of the written agreement to express the true intent and agreement of the
parties thereto;
(c) The validity of the written agreement; or
(d) The existence of other terms agreed to by the parties or their successors in interest after
the execution of the written agreement.
(e) all of these

617. A party may present evidence to modify, explain or add to the terms of written agreement
if he puts in issue in his _______ the exceptions to the parole evidence rule as mentioned
above.
a. Pleadings
b. Electronic mails
c. Letters
d. Face Book Account

618. Under the parole evidence rule, the term "agreement" includes what? a. verbal agreement
b. wills
c. statement of accounts
d. dying declarations

619. Which of these is a rule on the interpretation of (ambiguous) documents?

a. The language of a writing is to be interpreted according to the legal meaning it bears in
the place of its execution, unless the parties intended otherwise.
b. In the construction of an instrument, where there are several provisions or particulars,
such a construction is, if possible, to be adopted as will give effect to all.
c. In the construction of an instrument, the intention of the parties is to be pursued; and
when a general and a particular provision are inconsistent, the latter is paramount to the
former. So a particular intent will control a general one that is inconsistent with it.
d. For the proper construction of an instrument, the circumstances under which it was
made, including the situation of the subject thereof and of the parties to it, may be shown, so
that the judge may be placed in the position of those who language he is to interpret.
e. The terms of a writing are presumed to have been used in their primary and general
acceptation, but evidence is admissible to show that they have a local, technical, or otherwise
peculiar signification, and were so used and understood in the particular instance, in which case
the agreement must be construed accordingly.
f. When an instrument consists partly of written words and partly of a printed form, and
the two are inconsistent, the former controls the latter.
g. When the characters in which an instrument is written are difficult to be deciphered, or
the language is not understood by the court, the evidence of persons skilled in deciphering the
characters, or who understand the language, is admissible to declare the characters or the
meaning of the language.
h. When the terms of an agreement have been intended in a different sense by the
different parties to it, that sense is to prevail against either party in which he supposed the
other understood it, and when different constructions of a provision are otherwise equally
proper, that is to be taken which is the most favorable to the party in whose favor the provision
was made.
i. When an instrument is equally susceptible of two interpretations, one in favor of natural
right and the other against it, the former is to be adopted.
j. An instrument may be construed according to usage, in order to determine its true
character.
k. All of these

620. All persons who can perceive, and perceiving, can make their known perception to others,
may be not witnesses. The statement is:
a. True
b. False

621. Religious or political belief, interest in the outcome of the case, or conviction of a crime
unless otherwise provided by law, shall be ground for disqualification. The statement is:
a. True
b. False

622. Which of these cannot be witnesses?

(a) Those whose mental condition, at the time of their production for examination, is such
that they are incapable of intelligently making known their perception to others
(b) Children whose mental maturity is such as to render them incapable of perceiving the
facts respecting which they are examined and of relating them truthfully.
(c) Those who can perceive and can make known their perceptions to others
(d) Some of these
(e) All of these
623. During their marriage, neither the husband nor the wife may testify for or against the
other without the consent of the affected spouse, except in a civil case by one against the
other, or in a criminal case for a crime committed by one against the other or the latter's direct
descendants or ascendants.
a. Disqualification by reason of marriage
b. Disqualification by reason of death or insanity of adverse party

624. Parties or assignor of parties to a case, or persons in whose behalf a case is prosecuted,
against an executor or administrator or other representative of a deceased person, or against a
person of unsound mind, upon a claim or demand against the estate of such deceased person
or against such person of unsound mind, cannot testify as to any matter of fact occurring before
the death of such deceased person or before such person became of unsound mind.
a. Disqualification by reason of marriage
b. Disqualification by reason of death or insanity of adverse party
625. All of these are disqualified to testify because of “privileged communication rule”, except:
(a) The husband or the wife, during or after the marriage, cannot be examined without the
consent of the other as to any communication received in confidence by one from the other
during the marriage except in a civil case by one against the other, or in a criminal case for a
crime committed by one against the other or the latter's direct descendants or ascendants;
(b) An attorney cannot, without the consent of his client, be examined as to any
communication made by the client to him, or his advice given thereon in the course of, or with
a view to, professional employment, nor can an attorney's secretary, stenographer, or clerk be
examined, without the consent of the client and his employer, concerning any fact the
knowledge of which has been acquired in such capacity;
(c) A person authorized to practice medicine, surgery or obstetrics cannot in a civil case,
without the consent of the patient, be examined as to any advice or treatment given by him or
any information which he may have acquired in attending such patient in a professional
capacity, which information was necessary to enable him to act in capacity, and which would
blacken the reputation of the patient;
(d) A minister or priest cannot, without the consent of the person making the confession,
be examined as to any confession made to or any advice given by him in his professional
character in the course of discipline enjoined by the church to which the minister or priest
belongs;
(e) A parent cannot testify against the children without the consent of the affected child in
a criminal or civil case.
(f) A public officer cannot be examined during his term of office or afterwards, as to
communications made to him in official confidence, when the court finds that the public
interest would suffer by the disclosure.
(g) none of these

626. No person may be compelled to testify against his parents, other direct ascendants,
children or other direct descendants.
a. testimonial privilege rule
b. parental and filial privilege rule
c. both a and b
d. none of these

627. The act, declaration or omission of a party as to a relevant fact may be given in evidence
against him.
a. Admission of a party
b. Confession of a party

628. In ________ cases, an offer of compromise is not an admission of any liability, and is not
admissible in evidence against the offeror.
a. Civil
b. Criminal

629. In______cases, an offer of compromised by the accused may be received in evidence as an

implied admission of guilt.
a. Civil
b. Criminal

630. In criminal cases involving quasi-offenses (criminal negligence) or criminal cases that are
allowed by law to be compromised, an offer of compromise is not an admission of any liability.
The statement is:
a. True
b. False

631. A plea of guilty later withdrawn, or an unaccepted offer of a plea of guilty to lesser offense,
is _________ in evidence against the accused who made the plea or offer.
a. Admissible
b. Not admissible

632. An offer to pay or the payment of medical, hospital or other expenses occasioned by an
injury is ________ in evidence as proof of civil or criminal liability for the injury.
a. Admissible
b. Not admissible

633. As a general rule, the rights of a party cannot be prejudiced by an act, declaration, or
omission of another.
a. Admission by third party
b. Res Inter Alios acta rule
c. Both a and b are acceptable

634. The act or declaration of a partner or agent of the party within the scope of his authority
and during the existence of the partnership or agency, may be given in evidence against such
party after the partnership or agency is shown by evidence other than such act or declaration.
The same rule applies to the act or declaration of a joint owner, joint debtor, or other person
jointly interested with the party.
a. Admission by co partner or agent
b. Admission by co conspirator

635. The act or declaration of a conspirator relating to the conspiracy and during its existence,
may be given in evidence against the co-conspirator after the conspiracy is shown by evidence
other than such act of declaration.
a. Admission by silence
b. Admission by conspirator

636. Where one derives title to property from another, the act, declaration, or omission of the
latter, while holding the title, in relation to the property, is evidence against the former.
a. Admission by privies
b. Admission by silence

637. An act or declaration made in the presence and within the hearing or observation of a
party who does or says nothing when the act or declaration is such as naturally to call for action
or comment if not true, and when proper and possible for him to do so, may be given in
evidence against him.
a. Admission by privies
b. Admission by silence

638. The declaration of an accused acknowledging his guilt of the offense charged, or of any
offense necessarily included therein, may be given in evidence against him.
a. Admission
b. Confession

639. Evidence that one did or did not do a certain thing at one time is not admissible to prove
that he did or did not do the same or similar thing at another time; but it may be received to
prove a specific intent or knowledge; identity, plan, system, scheme, habit, custom or usage,
and the like.
a. Previous conduct as evidence
b. Similar acts as evidence
c. Res inter alios acta alteri noceri non debet part 2
d. All of these

640. Unaccepted offer. — An offer in writing to pay a particular sum of money or to deliver a
written instrument or specific personal property is, if rejected without valid cause, equivalent to
the actual production and tender of the money, instrument, or property. The statement is:
a. true
b. false

641. A witness can testify only to those facts which he knows of his personal knowledge; that is,
which are derived from his own perception, except as otherwise provided in the rules of court.
a. testimonial knowledge ruloe
b. hearsay evidence rule
c. both a and b
d. none of these

642. Which of these is exception to the hearsay evidence rule? a. Dying declarations
b. Declarations against interests
c. Act or declaration about pedigree
d. Family reputation or tradition regarding pedigree
e. Common reputation
f. Parts of the res gestae
g. Entries in the course of business (business entries rule)
h. Entries on official records
i. Commercial lists and the like
j. Learned treatises
k. Testimony or deposition in former proceedings
l. All of these

643. The declaration of a dying person, made under the consciousness of an impending death,
may be received in any case wherein his death is the subject of inquiry, as evidence of the
cause and surrounding circumstances of such death.
a. Dying declarations
b. Declarations against interests

644. The declaration made by a person deceased, or unable to testify, against the interest of
the declarant, if the fact is asserted in the declaration was at the time it was made so far
contrary to declarant's own interest, that a reasonable man in his position would not have
made the declaration unless he believed it to be true, may be received in evidence against
himself or his successors in interest and against third persons.
a. Dying declarations
b. Declarations against interests

645. The act or declaration of a person deceased, or unable to testify, in respect to the pedigree
of another person related to him by birth or marriage, may be received in evidence where it
occurred before the controversy, and the relationship between the two persons is shown by
evidence other than such act or declaration. The word "pedigree" includes relationship, family
genealogy, birth, marriage, death, the dates when and the places where these fast occurred,
and the names of the relatives. It embraces also facts of family history intimately connected
with pedigree.
a. Dying declarations
b. Act or declaration about pedigree

646. The reputation or tradition existing in a family previous to the controversy, in respect to
the pedigree of any one of its members, may be received in evidence if the witness testifying
thereon be also a member of the family, either by consanguinity or affinity. Entries in family
bibles or other family books or charts, engravings on rings, family portraits and the like, may be
received as evidence of pedigree.
a. Res gestae
b. Family reputation or tradition regarding pedigree

647. Common reputation existing previous to the controversy, respecting facts of public or
general interest more than thirty years old, or respecting marriage or moral character, may be
given in evidence. Monuments and inscriptions in public places may be received as evidence of
common reputation.
a. Business entries
b. Common reputation
648. Statements made by a person while a starting occurrence is taking place or immediately
prior or subsequent thereto with respect to the circumstances thereof, may be given in
evidence as part of res gestae. So, also, statements accompanying an equivocal act material to
the issue, and giving it a legal significance, may be received as part of the res gestae.
a. Dying declarations
b. Res gestae

649. Entries made at, or near the time of transactions to which they refer, by a person
deceased, or unable to testify, who was in a position to know the facts therein stated, may be
received as prima facie evidence, if such person made the entries in his professional capacity or
in the performance of duty and in the ordinary or regular course of business or duty.
a. Entries in the course of business
b. Entries in official records

650. Entries in official records made in the performance of his duty by a public officer of the
Philippines, or by a person in the performance of a duty specially enjoined by law, are prima
facie evidence of the facts therein stated.
a. Commercial lists and the like
b. Entries in official records

651. Evidence of statements of matters of interest to persons engaged in an occupation

contained in a list, register, periodical, or other published compilation is admissible as tending
to prove the truth of any relevant matter so stated if that compilation is published for use by
persons engaged in that occupation and is generally used and relied upon by them therein.
a. Commercial lists and the like
b. Learned treatises

652. A published treatise, periodical or pamphlet on a subject of history, law, science, or art is
admissible as tending to prove the truth of a matter stated therein if the court takes judicial
notice, or a witness expert in the subject testifies, that the writer of the statement in the
treatise, periodical or pamphlet is recognized in his profession or calling as expert in the
subject.
a. Commercial lists and the like
b. Learned treatises

653. The testimony or deposition of a witness deceased or unable to testify, given in a former
case or proceeding, judicial or administrative, involving the same parties and subject matter,
may be given in evidence against the adverse party who had the opportunity to cross-examine
him.
a. testimony or deposition at a former proceedings
b. Learned treatises

654. The opinion of (ordinary) witness is not admissible, as a general rule. The statement is:
a. True
b. False
655. The opinion of a witness on a matter requiring special knowledge, skill, experience or
training which he shown to posses, may be received in evidence.
a. Opinion of expert witness
b. Opinion of ordinary witness

656. The opinion of an ordinary witness for which proper basis is given, may be received in
evidence regarding:
(a) the identity of a person about whom he has adequate knowledge;
(b) A handwriting with which he has sufficient familiarity; and
(c) The mental sanity of a person with whom he is sufficiently acquainted.
(d) On his impressions of the emotion, behavior, condition or appearance of a person.
(e) All of these

657. Character evidence not generally admissible. The statement is: a. true
b. false

658. Which of these is a rule on character evidence?

a. The accused may prove his good moral character which is pertinent to the moral trait
involved in the offense charged.
b. Unless in rebuttal, the prosecution may not prove his bad moral character which is
pertinent to the moral trait involved in the offense charged.

c. The good or bad moral character of the offended party may be proved if it tends to
establish in any reasonable degree the probability or improbability of the offense charged.
d. Evidence of the moral character of a party in civil case is admissible only when pertinent
to the issue of character involved in the case
e. All of these

659. It is the duty of a party to present evidence on the facts in issue necessary to establish his
claim or defense by the amount of evidence required by law.
a. Burden of proof
b. Burden of evidence

660. Which of these is conclusive presumptions?

(a) Whenever a party has, by his own declaration, act, or omission, intentionally and
deliberately led to another to believe a particular thing true, and to act upon such belief, he
cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify
it:
(b) The tenant is not permitted to deny the title of his landlord at the time of
commencement of the relation of landlord and tenant between them.
(c) A person is innocent of a crime or wrong
(d) Only a and b
661. These are presumptions that are satisfactory if uncontradicted, but may be contradicted
and overcome by other evidence.
a. conclusive presumption
b. disputable presumption

662. Which of these is a disputable presumption?

(a) That a person is innocent of crime or wrong
(b) That an unlawful act was done with an unlawful intent
(c) That prior rents or installments had been paid when a receipt for the later one is
produced
(d) That a person found in possession of a thing taken in the doing of a recent wrongful act
is the taker and the doer of the whole act; otherwise, that things which a person possess, or
exercises acts of ownership over, are owned by him (e) All of these

663. After an absence of _______, it being unknown whether or not the absentee still lives, he
is considered dead for all purposes, except for those of succession. a. 7 years
b. 10 years
664. The absentee shall not be considered dead for the purpose of opening his succession till
after an absence of ______ years.
a. 7 years
b. 10 years

665. If he disappeared after the age of seventy-five years, an absence of _____ years shall be
sufficient in order that his succession may be opened.
a. 5 years
b. 10 years

666. Which of these shall be considered dead for all purposes including the division of the
estate among the heirs:
(a) A person on board a vessel lost during a sea voyage, or an aircraft with is missing, who
has not been heard of for four years since the loss of the vessel or aircraft;
(b) A member of the armed forces who has taken part in armed hostilities, and has been
missing for four years;
(c) A person who has been in danger of death under other circumstances and whose
existence has not been known for four years;
(d) If a married person has been absent for four consecutive years, the spouse present may
contract a subsequent marriage if he or she has well-founded belief that the absent spouse is
already death. In case of disappearance, where there is a danger of death the circumstances
hereinabove provided, an absence of only two years shall be sufficient for the purpose of
contracting a subsequent marriage. However, in any case, before marrying again, the spouse
present must institute a summary proceedings as provided in the Family Code and in the rules
for declaration of presumptive death of the absentee, without prejudice to the effect of
reappearance of the absent spouse.
(e) All of these

667. Which of these statement regarding evidence of survivorship is true?

a. If both were under the age of fifteen years, the older is deemed to have survived;
b. If both were above the age sixty, the younger is deemed to have survived;
c. If one is under fifteen and the other above sixty, the former is deemed to have survived;
d. If both be over fifteen and under sixty, and the sex be different, the male is deemed to
have survived, if the sex be the same, the older;
e. If one be under fifteen or over sixty, and the other between those ages, the latter is
deemed to have survived.
f. All of these

668. Preponderance of evidence is determined by the judge by which of these means?

a. all the facts and circumstances of the case
b. the witnesses' manner of testifying
c. intelligence of witness
d. witness means and opportunity of knowing the facts to which there are testifying
e. the nature of the facts to which they testify
f. the probability or improbability of their testimony
g. their interest or want of interest
h. their personal credibility
i. The court may also consider the number of witnesses, though the preponderance is not
necessarily with the greater number.
j. All of these

669. In a criminal case, the accused is entitled to an acquittal, unless his guilt is shown beyond
reasonable doubt. Proof beyond reasonable doubt does not mean such a degree of proof,
excluding possibility of error, produces absolute certainly. Moral certainly only is required, or
that degree of proof which produces conviction in an unprejudiced mind. The statement is:
a. True
b. False
670. An extrajudicial confession made by an accused, shall not be sufficient ground for
conviction, unless corroborated by evidence of what?
a. Witness
b. Corpus delicti

671. What are the requisites of circumstantial evidence?

(a) There is more than one circumstances;
(b) The facts from which the inferences are derived are proven; and
(c) The combination of all the circumstances is such as to produce a conviction beyond
reasonable doubt.
(d) All of the above

672. In cases filed before administrative or quasi-judicial bodies, a fact may be deemed
established if it is supported by _______________, or that amount of relevant evidence which a
reasonable mind might accept as adequate to justify a conclusion.
a. Preponderance of evidence
b. Substantial evidence

673. The court may stop the introduction of further testimony upon any particular point when
the evidence upon it is already so full that more witnesses to the same point cannot be
reasonably expected to be additionally persuasive. But this power should be exercised with
caution. This statement refers to:
a. Judicial notice
b. Power of the court to stop further evidence

674. When a motion is based on facts not appearing of record the court may hear the matter on
affidavits or depositions presented by the respective parties, but the court may direct that the
matter be heard wholly or partly on oral testimony or depositions.
a. Evidence on motion
b. Parole evidence Rule

COURT TESTIMONY
675. The examination of witnesses presented in a trial or hearing shall be done in ______
court, and under oath or affirmation.
a. Open
b. Close

676. As a general rule the answer of the witness shall be given _______, unless the witness is
incapacitated to speak, or the questions calls for a different mode of answer.
a. Orally
b. In writing

677. The entire proceedings of a trial or hearing, including the questions propounded to a
witness and his answers thereto, the statements made by the judge or any of the parties,
counsel, or witnesses with reference to the case, shall be recorded by means of shorthand or
stenotype or by other means of recording. These recordings are made by and kept by the:
a. Clerk of court
b. Stenographer

678. A transcript of the record of the proceedings made by the official stenographer,
stenotypist or recorder and certified as correct by him shall be deemed _______ a correct
statement of such proceedings.
a. Conclusive
b. Prima facie

679. The rights of a witness are these except:

a. To be protected from irrelevant, improper, or insulting questions, and from harsh or
insulting demeanor
b. Not to be detained longer than the interests of justice require
c. Not to be examined except only as to matters pertinent to the issue
d. Not to give an answer which will tend to subject him to a penalty for an offense unless
otherwise provided by law
e. to tell a lie
f. Not to give an answer which will tend to degrade his reputation, unless it to be the very
fact at issue or to a fact from which the fact in issue would be presumed. But a witness must
answer to the fact of his previous final conviction for an offense.

680. The order in which the individual witness may be examined is as follows;
(a) Direct examination by the proponent;
(b) Cross-examination by the opponent; (c) Re-direct examination by the proponent; (d) Re-
cross-examination by the opponent. (e) All of these in the proper order

681. It is the examination-in-chief of a witness by the party presenting him on the facts relevant
to the issue.
a. Direct examination
b. Cross examinations

682. The termination of the direct examination, the witness may be ________ by the adverse
party as to many matters stated in the direct examination, or connected therewith, with
sufficient fullness and freedom to test his accuracy and truthfulness and freedom from interest
or bias, or the reverse, and to elicit all important facts bearing upon the issue.
a. Direct examinations
b. Cross examinations

683. After the cross-examination of the witness has been concluded, he may be reexamined by
the party calling him, to explain or supplement his answers given during the cross-examination.
On re-direct-examination, questions on matters not dealt with during the cross-examination,
may be allowed by the court in its discretion.
a. Re direct examination
b. Re cross examinations

684. Upon the conclusion of the re-direct examination, the adverse party may recross-examine
the witness on matters stated in his re-direct examination, and also on such other matters as
may be allowed by the court in its discretion.
a. Direct examinations
b. Re cross examinations

685. After the examination of a witness by both sides has been concluded, the witness cannot
be recalled without ________
a. Being placed under oath again
b. Leave of court
686. A question which suggests to the witness the answer which the examining party desires is
a leading question. It is not allowed, in direct examinations. a. leading questions
b. misleading questions

687. Leading question are not allowed. But leading questions are allowed in which of these?
(a) On cross examination;
(b) On preliminary matters;
(c) When there is a difficulty is getting direct and intelligible answers from a witness who is
ignorant, or a child of tender years, or is of feeble mind, or a deaf-mute;
(d) Of an unwilling or hostile witness; or
(e) Of a witness who is an adverse party or an officer, director, or managing agent of a
public or private corporation or of a partnership or association which is an adverse party.
(g) All of these

688. It is one which assumes as true a fact not yet testified to by the witness, or contrary to that
which he has previously stated. It is not allowed.
a. Leading questions
b. Misleading questions

689. How may a witness may be impeached by the party? a. by contradictory evidence
b. by evidence that his general reputation for truth, honestly, or integrity is bad
c. by evidence that he has made at other times statements inconsistent with his present,
testimony
d. all of these

690. As a general rule a party may not impeach his own witness. The statement is: a. true
b. false

691. When can a party or lawyer impeach his own witness? a. The witness is unwilling or hostile
witness
b. The witness is an adverse party or an officer, director, or managing agent of a public or
private corporation or of a partnership or association which is an adverse party.
c. Both a and b
d. Cooperative witness

692. A witness may be considered this type of witness if so declared by the court upon
adequate showing of his adverse interest, unjustified reluctance to testify, or his having misled
the party into calling him to the witness stand.
a. Unwilling witness
b. Hostile witness
c. All of these
693. Before a witness can be impeached by evidence that he has made at other times
statements inconsistent with his present testimony, the statements must be related to him,
with the circumstances of the times and places and the persons present, and he must be asked
whether he made such statements, and if so, allowed to explain them. If the statements be in
writing they must be shown to the witness before any question is put to him concerning them.
This is:
a. Laying the predicate
b. Cross Examinations

694. Evidence of the good character of a witness is not admissible until such character has been
impeached. The statement is:
a. True
b. False

695. On any trial or hearing, the judge may exclude from the court any witness not at the time
under examination, so :
a. he may not hear the testimony of other witnesses.
b. He will not be intimidated by lawyers of opponent

696. The judge may also cause witnesses to be kept separate so that:
a. To prevent them from conversing with one another until all shall have been examined.
b. To prevent them from being intimidated by the adverse party

697. A witness may be allowed to refresh his memory respecting a fact, by anything written or
recorded by himself or under his direction at the time when the fact occurred, or immediately
thereafter, or at any other time when the fact was fresh in his memory and knew that the same
was correctly written or recorded.
a. Revival of present memory or present recollection revived
b. This is not allowed

698. A witness may testify from such writing or record, though he retain no recollection of the
particular facts, if he is able to swear that the writing or record correctly stated the transaction
when made.
a. Revival of past recollection/ past recollection recorded
b. This is not allowed
699. When part of an act, declaration, conversation, writing or record is given in evidence by
one party, the whole of the same subject may be inquired into by the other. The statement is:
a. True
b. False

700. Before any private document offered as authentic is received in evidence, its due
execution and authenticity must be proved by which of the following
(a) By anyone who saw the document executed or written; or
(b) By evidence of the genuineness of the signature or handwriting of the maker.
(c) By testimony of expert witness
(d) Both a and b

701. Where a private document is more than thirty years old, is produced from the custody in
which it would naturally be found if genuine, and is unblemished by any alterations or
circumstances of suspicion, no other evidence of its authenticity need be given. This is the:
a. Tanders Document Rule
b. Ancient Document Rule

702. How does one prove the geuininess of handwriting of a person?

a. The handwriting of a person may be proved by any witness who believes it to be the
handwriting of such person because he has seen the person write, or has seen writing
purporting to be his upon which the witness has acted or been charged, and has thus acquired
knowledge of the handwriting of such person.
b. By a comparison, made by the witness or the court, with writings admitted or treated as
genuine by the party against whom the evidence is offered, or proved to be genuine to the
satisfaction of the judge.
c. All of these

703. Documents consisting of entries in public records made in the performance of a duty by a
public officer are ________ of the facts therein stated.
a. Conclusive evidence
b. Prima facie evidence

704. Every instrument duly acknowledged or proved and certified as provided by law, may be
presented in evidence without further proof, the certificate of acknowledgment being
________ evidence of the execution of the instrument or document involved.
a. Prima facie
b. Conclusive

705. There shall be no difference between sealed and unsealed private documents insofar as
their admissibility as evidence is concerned. The statement is: a. True
b. False

706. Documents written in an unofficial language shall _______ as evidence, unless

accompanied with a translation into English or Filipino.
a. not be admitted
b. still be admitted

707. The court shall consider no evidence which has not been formally offered. The statement
is:
a. true
b. false

708. As regards the testimony of a witness, the offer must be made at the time the witness is
called to testify. As to Documentary and object evidence, they shall be offered after the
presentation of a party's testimonial evidence. Such offer shall be done orally unless allowed by
the court to be done in writing. The statement is:
a. true
b. false

709. Objection to evidence offered orally must be made immediately after the offer is made.
Objection to a question propounded in the course of the oral examination of a witness shall be
made as soon as the grounds therefor shall become reasonably apparent. The statement is:
a. true
b. false

710. Should a witness answer the question before the adverse party had the opportunity to
voice fully its objection to the same, and such objection is found to be meritorious, the court
shall sustain the objection and order the answer given to be stricken off the record. This is:
a. striking out answer
b. erasing from transcript.