1.

A kind of evidence which shows that a best evidence existed as to

the proof of the fact is in question
A. Real Evidence
B. Secondary Evidence
C. Best Evidence
D. Res gestae

2. What rule is observed when generally, there can be no evidence of

a writing, the contents of which is the subject matter of inquiry
A. secondary evidence
B. parole evidence
C. corollary evidence
D. best evidence

3. What crime exists when a single act constitutes two or more grave
or less grave felonies or when an offense is a necessary means
for committing the other?
A. Complex
B. Composite
C. Continuing
D. compound

4. What must be considered in determining whether the crime

committed is only attempted, frustrated or consummated?
A. All of these
B. The elements constituting the felony
C. The nature of the offense
D. The manner of committing the felony

5. A person who gives testimonial evidence to a judiciary tribunal

A. Witness
B. Defense
C. Prosecution
D. Clerk of Court

6. What crime can be charged of one who retains a minor in his

service against the minor’s will and under the pretext of
reimbursing himself of a debt incurred by the child/s parents?
A. white slavery
B. exploitation of child labor
C. inducing a minor
D. kidnapping
7. A, a notary public, issued a supposed copy of a deed of sale,
when in fact no such deed of sale was prepared by him. A is
liable for
A. Estafa
B. falsification
C. Forgery
D. All of these
 8. What kind of presumption involves the mental process by which the
existence of one fact is inferred from proof of some other facts?
A. Conclusive
B. of"law
C. Disputable
D. of fact

9. During the pendency of his criminal case, A died due to heart

attack. His untimely death resulted in
A. termination of proceedings
B. suspension of the case
C. postponement of the case
D. dismissal of the case for lack of respondent

10. How may an ordinary citizen give his opinion regarding the
handwriting of a person?
A. when he has to testify only as to the mental and emotional
state of the one who authored the handwriting
B. when it is the handwriting of one whom he has sufficient
familiarity
C. when he is a questioned document examiner
D. when he is a graduate of criminology

11. Obligations imposed upon a party to establish their alleged fact

by proof are termed as "burden of proof" what is its Latin
translation?
A. Factum probans
B. Factum probandum
C. Owe probandi
D. Owes probandi

12. Can a husband testify against the wife in an adultery case?

A. yes, the privilege of marital communication rule is already
abolished
B. yes, under the law she is a competent witness
C. no,she is incompetent as a witness
D. yes, because crime charge is one committed by the wife

13. A. is a supply officer of a municipality. He entered into an

agreement with B. to supply the municipality with some office
forms at a price grossly disadvantageous to the municipality. The
agreement was that part of the purchase price must be given to A.
The transaction did not materialize. A may be liable for
A. attempted estafa
B. frustrated estafa
C. attempted fraud
D. consummated fraud

14. The probative value or credit given by the court to a particular

evidence
A. Preponderance of evidence
B. Evidentiary fact
 C. Ultimate Fact
D. Weight of Evidence

15. Which among the following may disqualify a witness

A. Capacity of observation
B. Capacity of recollection
C. Capacity of Knowledge
D. Capacity of communication

16. Which in the following enumeration is an example of an afflictive

penalty?
A. Fine
B. arresto mayor
C. prison mayor
D. destierro

17. A detained prisoner is allowed to eat and drink in a nearby

restaurant on several occasions. He is, however, well-guarded at
all times. The warden allowed him to go out of his cell without
any consideration whatsoever. The warden may be charged with
A. negligence of duty
B. leniency or laxity
C. dereliction of duty
D. infidelity

18. What if the offended party is a corporation, how do you indicate

it in the complaint or information?
A. state the name of the corporation
B. leave it blank as error is merely clerical and can be
corrected during trial
C. aver it in the charge sheet
D. aver that it is legally organized pursuant to SEC rules

19. Exemption to the hearsay rule made under the consciousness of an

impending death.
A. Parole Evidence
B. Ante-mortem statement
C. Dean man statute
D. Post mortem statement

20. What crime is committed against mankind, and whose jurisdiction

consequently recognizes no territorial limits?
A. Piracy
B. Felonies
C. Theft
D. Suicide

21. It is a forcible depredation on the high seas without lawful

authority and done with animo furandi and in the spirit and
intention of universal hostility
A. Mutiny
B. Piracy
 C. Espionage
D. Sedition

22. Heads of State or Ambassadors can NOT be held criminally liable

in another state or place of assignment under the principles of
international law. This is an EXCEPTION to the general
characteristic of Criminal Law which is
A. Prospectivity
B. Generality
C. Territoriality
D. Immunity

23. When several persons are co-accused for a crime committed, what
is that requirement that must be satisfied in order that one or
more of those accused can qualify as state witness?
A. he appears to be the least guilty
B. he does not appear to be the most guilty
C. not more than two accused can be state witness
D. he seems to be not guilty

24. Ignorantia Facti Excusat means:

A. Ignorance of the law
B. Mistake of facts
C. Mistake of the blow
D. Mistake in identity

25. Under this Rule, crimes are not triable in the courts of that
country, unless their commission affects the peace and security
of the territory or the safety of the state is endangered.
A. French Rule
B. Spanish Rule
C. American Rule
D. English Rule

26. What should the court do when the offense is less serious
physical injuries and the offense proved is serious physical
injuries and the defendant may be convicted only of the offense
as charged?
A. do not dismiss the action
B. do not dismiss the action but should order the filing of a
new information
C. dismiss the action
D. stay with the action and decide accordingly to avoid double
jeopardy

27. When the law attaches capital punishment or afflictive penalties

the felony is said to be
A. Grave
B. Light
C. Less grave
D. Serious
28. When is evidence presented in court for admissibility considered
relevant to the issue?
A. when it is not excluded by the rules
B. when it has direct bearing and actual connection to the
facts and issue
C. when it is not repugnant in taste
D. when it is not immoral

29. Infractions to the law punishable by Aresto Menor or a fine not

exceeding 200 pesos or both.
A. Grave
B. Light
C. Less grave
D. Serious

30. What circumstance can be considered aggravating with the slaying

of an 80 year old woman?
A. abuse of confidence
B. disregard of age and sex
C. neglect of elders
D. disrespect of rank

31. Acts of a person which are said to be in accordance with the law,
so that such person is deemed not to have transgressed the law
and is free from both criminal and civil liability.
A. Justifying circumstances
B. Mitigating Circumstance
C. Exempting circumstances
D. Aggravating circumstances

32. The rule on summary procedure applies to criminal cases where the
penalty prescribed by the law for the offense charged does not
exceed
A. 3 years
B. six years
C. 6 months imprisonment
D. 4 years and 2 months

33. In case of oral defamation, where the priest is the only

available witness, can a priest testify as to the alleged
defamatory words given to him by the accused during confession?
A. privilege given by a patient to a doctor
B. privilege given to a husband to a wife
C. privilege communication given to an attorney by a client
D. privilege communication given by a penitent to a priest

34. An aggravating circumstance which generally apply to all crimes

such as dwelling, night time or recidivism.
A. Generic
B. Specific
C. Qualifying
D. Inherent
35. Who are criminally liable, when having knowledge of the
commission of the crime, without having principally participated
therein, takes part subsequent to the commission, either in
profiting by the effects of the crime or by concealing or
destroying the body of the crime?
A. Witnesses
B. Accessories
C. Principals
D. Accomplices

36. They are aggravating circumstance which change the nature of the
crime, e.i. homicide to murder in case of treachery
A. Generic
B. Specific
C. Qualifying
D. Inherent

37. What are the infractions of mere rules of convenience designed to

secure a more orderly regulation of the affairs of society?
A. Mala prohibita
B. Felonies
C. Violation of ordinance
D. Mala in se

38. What doctrine allows evidence obtained by police officers in an

illegal search and seizure to be used against the accused?
A. Silver platter
B. Exclusionary doctrine
C. Fruit of the poisonous tree
D. Miranda ruling

39. Mr. Santos went to the United States. While he was there, he
courted Ms. Jane an American. They eventually got married. When
Mr. Santos returned to the Philippines his wife, Alona filed an
action against him for violating their marriage. What is the
liability of Mr. Santos, if any?
A. None of these
B. Adultery
C. Concubinage
D. Bigamy

40. What is the liability of the jail guard if the evasion of a

prisoner should take place through his negligence?
A. delivering prisoners from jails
B. evasion through negligence
C. reckless imprudence
D. conniving with or consenting to evasion

41. A treasury warrant was payable to A or his representative. B took

possession of the warrant, wrote the name of A, endorsed it at
the back and was able to encash it. B is liable for
 A. Estafa
B. all of these
C. falsification
D. forgery

42. A, B, C are boardmates of D. A, B and C conspire to kill X, a

witch, because he is perceived to cause misery among many in the
barangay. D knew about it all along. After the conspiracy but
made no move to report to the authorities. In this case, D
A. is liable for murder
B. is an accessory to the crime
C. is a conspirator
D. incurs no criminal liability

43. What acts punishable by law are either intended to directly

impute to an innocent person the commission of crime or which are
calculated to blemish the honor or reputation of a person by
means of intrigue?
A. oral defamation
B. blackmail
C. slander
D. incriminatory machinations

44. A, with intent to kill, fired a revolver at B. He inflicted a

fatal wound. A brought B to a hospital, and due to timely medical
assistance, B survived. What crime did A commit?
A. physical injuries
B. attempted felony
C. frustrated felony
D. no criminal liability

45. It requires the concurrence of two things, that there being an

actual assembly of men and for such purpose of executing a
treasonable design by force
A. Aid or comfort
B. Adherence to the enemy
C. Levying war
D. All of the foregoing

46. Under the new Constitution, who is empowered to order or change

the venue or place of trial in order to avoid miscarriage of
justice?
A. executive judge
B. supreme court
C. regional trial courts
D. regional state prosecutor

47. What kind of executive clemency wipes away the guilt of the
convicted person, subject to the three limitations to be executed
by the President?
 A. Pardon
B. Amnesty
C. Reprieve
D. penalty

48. A person having knowledge of the plans to commit treason and

fails to disclose such information to the governor, fiscal or
mayor is guilty of what crime?
A. Treason
B. Conspiracy to commit treason
C. Espionage
D. Misprision of Treason

49. What crime is committed when the offender, acting under a single
criminal resolution, commits a series of acts in the same place
at about the same penal provision?
A. Composite
B. Compound
C. Continuing
D. complex

50. In what instance can alibi (the weakest defense) acquire

commensurate strength in evidential value?
A. when it changes the burden of proof
B. when evidence for the prosecution is strong
C. where no positive and proper identification has been
satisfactorily made
D. when questions on whether or not accused committed the
offense is clear

51. What is that rule where an offended party may intervene in the
proceeding personally or through a counsel?
A. Miranda Rule
B. rule of facilitation
C. rule of intervention
D. rule of reservation

52. Refers to resistance to a superior officer, or the raising of

commotions and disturbance on board a ship against authority of
the commander
A. Mutiny
B. Piracy
C. Espionage
D. Sedition

53. What kind of motion may be availed of anytime before arraignment?

A. motion to dismiss
B. motion for review
C. motion for reconsideration
D. motion to quash
54. What would be the nature of action for a person over nine years
of age and under fifteen to incur criminal liability?
A. act with discernment
B. act carelessly or negligently
C. show criminal intent
D. show malice

55. Who is a person in authority among the following:

A. Policeman
B. MMDA enforcer
C. barangay captain
D. barangay tanod

56. What kind of aggravating circumstance is present when a person

commits any of the crimes against person, employing such means,
methods or forms in the execution thereof which tend specially to
ensure its execution without risk to himself arising from the
defense which the offended partly might make?
A. capital punishment
B. complex crime
C. continuous offense
D. civil interdiction

57. A is known for writing obscene material. One of his writings,

entitled “Hayop”, was stolen from his office and was published by
someone. The authorities got hold of the obscene magazine. A is
A. not liable at all
B. liable for obscene publication (as co-publisher)
C. liable for pornography
D. liable for the obscene publications (as author)

58. What should be done in cases of offenses against property where

the name of the offended party is unknown?
A. court must cause the true name to be inserted
B. what is pivotal is the name and description of the offender
C. the police must label the property in a way that will
distinguish it from others
D. describe the property subject matter with such particularity
as to properly identify, the particular offense charged

59. How should the plea to a complaint or information be made by the

accused?
A. personally, in open court and of the record
B. by the approval of the court and upon written request by the
accused
C. through counsel in open court and on the record
D. personally by written motion

60. Assuming that A’s appeal was filed 30 days after his counsel de
oficio learned of the judgment, the appeal should
A. Not be given due course, because the judgment which were
rendered after trial was obviously correct anyway
 B. be given due course because it was filed within the
reglamentary period
C. not be given due course because the confession was really
inadmissible against A and the judgment of conviction must
be reversed
D. None of these

61. The Judiciary Reorganization Act of 1980 (BP Blg 129) took effect
on
A. January 17, 1983
B. August 1, 1983
C. January 1, 1983
D. December 1, 1980

62. Criminal jurisdiction over the subject matter shall be determined

by the
A. law enforced at the time of the commission of the offense
B. law enforced at the time of trial
C. law enforced at the time of the institution/filing of the
offense
D. law enforced at the time of the discovery of the offense

63. Criminal procedure is a

A. substantive law
B. constitutional law
C. administrative law
D. procedural or remedial law

64. The stage of a judicial proceeding whereby the accused shall be

informed of the nature and cause of the accusation against him,
in compliance of the mandate of the consultation and the rules
and in order to fix the identity of the accused is
A. criminal investigation
B. pre-trial conference
C. preliminary investigation
D. arraignment and plea

65. Under the law, the warrant of arrest shall remain valid unless
A. after the lapse of ten days from its issuance
B. it is served or lifted
C. after the lapse of the period for the police to execute the
same
D. after the lapse of the period for the police to make his
report

66. The procedure which allows the affidavit or counter-affidavit of

the parties or their witnesses to constitute as their direct oral
testimony in the case, subject however to cross examination
A. Revised Rule on Summary Procedure
B. Revised Rules on Criminal Procedure
C. Revised Rules on Evidence
D. Revised Penal Code
67. The right of an accused to bail is a matter of right in those
cases -
A. falling within the jurisdiction of the RTC before or after
conviction, except capital offenses
B. falling within the jurisdiction of the MTC before or after
conviction
C. falling within the jurisdiction of the RTC where the penalty
for the offense does not exceed twenty years imprisonment
D. all of these

68. Preliminary investigation is required in those criminal cases

where the penalty provided by law for the offense charged is
A. over 6 years imprisonment regardless of the amount of fine
B. exceeding 6 years imprisonment irrespective of the amount of
fine
C. at least 4 years, 2 months and 1 day of imprisonment
irrespective of the amount of fine
D. not exceeding 6 years imprisonment irrespective of the
amount of fine

69. Violation of City or municipal ordinance are within the

A. concurrent jurisdiction of the RTC and MTC
B. exclusive original jurisdiction of the RTC
C. exclusive jurisdiction of the Family Court
D. exclusive original jurisdiction of the MTC

70. The process of adjudication of disputes in barangay level whereby

the Punong Barangay or the Pangkat members shall endeavor to
convince or encourage the parties to settle their dispute
amicably.
A. Arbitration
B. Confrontation
C. Compromise
D. Mediation/conciliation

71. The power or authority of a court to try, hear and decide a class
of criminal case brought before it
A. criminal jurisprudence
B. criminal jurisdiction
C. criminal procedure
D. criminal due process of law

72. If no criminal action has yet been instituted, a motion to quash

a search warrant and/or suppress evidence obtained thereby by the
police shall be filed in and resolve by the
A. court which has jurisdiction over the place where the
offense was committed
B. court that issued the search warrant
C. court where the suspects reside
D. court within the judicial region of the place where the
crime was committed
73. The law providing the rights of person arrested, detained or
under custodial investigation is
A. RA No 7691
B. RA No 8493
C. RA No 7438
D. RA No 7659