B11 CLJ Bet 250 Items - With - Answer 1
B11 CLJ Bet 250 Items - With - Answer 1
B11 CLJ Bet 250 Items - With - Answer 1
36. Considering legal context of the word, which of the following 45. In criminal law, there is a band whenever there are at least 4
exists when there is complete deprivation of intelligence? armed persons who have acted together in the commission of a
a. Madness crime. This statement is -
b. Insanity a. Correct, the law specified that a band is
c. Imbecility composed of more than 3 persons.
d. Minority b. Correct, a band is always composed of 4 persons
c. Correct, a band is always a band
37. What legal term appropriately used when a person of d. Incorrect, a band is composed of at least two or more
advanced age has the mental development comparative to that of persons.
a child between two and seven years of age?
a. Abnormality 46. The use of a motor vehicle is aggravating in murder where
b. Insanity the said vehicle was used in transporting the victim and the
c. Imbecility accused. This statement is
d. Psychopathic a. Correct, it is aggravating because it facilitates
the commission of a crime.
38. If the offender is 15 years old or less at the time of the b. Incorrect, use of vehicle is never an aggravating
commission of the offense, he is exempt from criminal liability but circumstance
not from civil liability. But although he is exempt from criminal c. Incorrect, because the law did not specify about it
liability, he shall be subjected to an intervention program pursuant d. Correct, even if the motor vehicle was used to facilitate
to the escape of the offender
a. the provisions of the Revised Penal Code
b. the provisions of R.A 9165 47. If the victim is a child and the offender is an adult, the
c. the provisions of the civil code aggravating circumstance is -
d. the provisions of R.A 9344 a. superior strength
b. treachery
39. In the Juvenile Justice System of the Philippines, if the c. employing means to weaken the defense
offender is more than 15 years but less than 18 years of age at d. evident premeditation
the time he committed the offense, he is still exempt from criminal
liability unless 48. It is required that the criminal intent be evidenced by
a. he acted with insanity or imbecility notorious acts evincing the determination to commit the same. It
b. upon order of the Family Court must be evident and not merely suspected or merely thought of
c. he acted with discernment or contemplated mentally, without externalized acts. It is
d. there was clear intent to commit the offense necessary to establish that the accused meditated or his intention
between the time it was conceived and the time the crime as
40. Under Art. 15 of the RPC, is a mitigating circumstance, if the actually perpetrated. From among the following aggravating
same is not habitual or subsequent to the plan to commit a felony. circumstances, what is being described?
Otherwise, when habitual or intentional, it shall be considered as a. Employing means to weaken the defense
an aggravating circumstance. b. Evident premeditation
a. Discernment c. Treachery
b. Discretion d. Superior strength
c. Intoxication
d. Recidivism 49. If a pickpocket took the wallet of the offended party without
his knowledge, is treachery as an aggravating circumstance
41. Generic or ordinary aggravating circumstance generally apply present?
to all crimes. For example, recidivism, night time, and dwelling. It a. Yes, because pick pocketing requires treachery
results to the imposition of _______. b. No, because the offender need not to trick
a. the maximum penalty
87. A _____ or single indivisible offense is composed of two or 96. A person, who is not a principal or accessory but who after
more crimes but in the eyes of the law, the offender incurs only coming to know a conspiracy or after seeing the principal by direct
one criminal liability. Examples: Robbery with Homicide, Rape participation commits an offense, concurs, conforms or approves
with Homicide, Kidnapping with Homicide. such conspiracy or act, by previous or simultaneous acts. His
a. Special complex crime participation however, should not be equal to or greater than the
b. Delito continuado act of the principal by direct participation, is considered -
c. Delito compuesto a. conspirator
d. All of the above b. an accomplice
c. accessory
88. The crime is called Delito Compuesto (Compound crime) when d. principal by inducement
a single act causes:
a. two or more felonies combined with offenses 97. A private person who harbors, conceals or assists in the
b. two or more crimes against properties escape of the principal who is guilty of treason, parricide, murder,
c. two or more grave or less grave felonies or an attempt on the life of the Chief Executive or is known to be
d. two or more crimes against person a habitual delinquent, is considered -
a. conspirator
89. Complex crimes or delito continuado or continuous crimes b. an accomplice
mandate that only one information should be filed against the c. accessory
offender; the term "continuing crime" is more pertinently used d. principal by direct participation
with reference to the
a. place where the crime is committed 98. Martin engaged in a fist fight with John, an election officer,
b. venue where the criminal action may be wherein the former suffered a big lump in the forehead. One day,
instituted when Martin chanced upon John, he thought of taking revenge
c. person who committed the crime on the latter for the injury he suffered. Martin hit John's head with
d. time of the commission of the crime a baseball bat, causing the latter to fall unconscious. What crime
did Martin commit?
a. Direct Assault
90. In rebellion, there is public uprising and taking up arms b. Homicide
against the Government. In coup d' etat, public uprising is not c. Grave Physical Injuries
necessary. The essence of the crime is d. Murder
a. swift attack, accompanied by violence,
intimidation, threat, strategy or stealth 99. Thomas was convicted for having killed Magno. His son,
b. tumultuous affray Tommy, hid the gun that was used in the killing to prevent the
c. terroristic means and use of force discovery of the crime. Tommy was charged and convicted under
d. all of these PD No. 1829 which penalizes the act of obstructing the
apprehension and prosecution of criminal offenders. Tommy
91. Which of the following crimes has the purpose of seizing or argues that he should not be punished because Article 20 of the
diminishing state power? Revised Penal Code exempts a descendant from criminal liability
a. Rebellion as an accessory if be conceals the body of the crime in order to
b. Sedition prevent its discovery. Is the argument tenable?
c. Coup d' etat a. No, the exception in Article 20 of the RPC does not
d. Treason apply to PD No. 1829.
b. No, the offender is being penalized as a principal for the
92. In recidivism, no period of time is fixed between the former act of obstructing the apprehension and prosecution of criminals.
conviction and the last offense. In habitual delinquency, c. Both A and B are correct
conviction of any of the specified crimes must take place within d. Both A and B are incorrect
a. 20 years from the last conviction or release
b. 10 years from the time of incarceration 100. What are the acts considered as obstruction in the
c. 10 years from date of arrest apprehension and prosecution of offenders punished under PD
d. 10 years from the last conviction or release No. 1829?
a. Preventing witnesses from testifying in any criminal
93. What is called misappreciation of facts such that the act of the proceeding or from reporting the commission of any offense or
accused would have been lawful had the facts been as the the identity of offenders by means of bribery, misrepresentation,
accused believed them to be? deceit, intimidation force or threats
a. Honest mistake of fact b. Altering, destroying, suppressing or concealing
b. Delinquency evidence in criminal cases
c. Misdemeanor c. Harboring or concealing or facilitating the escape of any
d. Abberatio ictus person he knows or has reasonable ground to believe or suspect
d. All of these
103. A group of persons gathered and attended a meeting where 111. Pepe owes Kiko P50, 000. Pepe was not able to pay. Kiko
they discussed how to distribute shabu in different schools and compelled Charlie, a 14 year old son of Pepe to work for him as
universities. Is thre Illegal assembly? household helper under the excuse of reimbursement of the
a. No, because Illegal Assembly does not include a unpaid debt of his father. Kiko is liable for what crime?
violation of special law a. Illegal detention
b. Yes, because drug distribution is illegal b. Kidnapping
c. Yes, because the meeting in itself was illegal c. Exploitation of child labor
d. Yes, because illegal assembly is committed by people d. No crime committed
in a meeting
112. Pepe owes Kiko P50, 000. Pepe was not able to pay. Kiko
104. Jonathan, a law student, was flunked in Criminal Law by his compelled Pepe to work for him as his personal driver. Is Kiko
law professor, Atty. Dimagiba. Angered by this, Jonathan waited liable? For what crime?
for Atty. Dimagiba and hit him with a bottle of San Miglight. Atty. a. No, Kiko is not liable for any crime
Dimagiba was injured and underwent medical attendance for b. Yes, Kiko is liable for slavery
three days. Jonathan was charged with the complex crime of c. Yes, Kiko is liable for coercion
Direct Assault with Slight Physical Injuries. Is the charge correct? d. Yes, Kiko is liable for compelling services
a. No, it should have been slight physical injuries only rendered under compulsion in payment of debt
b. No, it should have been attempted homicide
c. No, in the crime of direct assault, slight physical 113. Tom was jogging in an uninhabited place at around 5 a.m.
injuries are absorbed He saw a man profusely bleeding. The man asked him to help him
d. Yes, the charge is absolutely correct and bring him to the hospital. Tom ignored the man and continued
to jog away. Is Tom liable? For what crime?
105. What crime is committed by rising publicly and tumultuously a. Yes, Tom is liable for abandonment of a person
in order to attain by force, intimidation, or by other means outside in danger
of legal methods? b. No, Tom did not commit any crime
a. Rebellion c. Yes, Tom is liable for homicide by abandonment
b. Sedition d. Yes, Tom is civilly liable for damages
c. Insurrection
d. Treason 114. If a person stole a credit card and uses the same to obtain
goods or services, he would be liable to which of the following?
106. The Local Government Code expressly provides in part that a. Theft and Estafa under the Revised Penal Code
for purposes of the Revised Penal Code, the Punong barangay, b. Violation of RA 8484 (Access Devices Regulation Act of
Sangguniang barangay members, and members of the Lupong 1998)
Tagapamayapa in each barangay shall be deemed as persons in c. Violation of RA 8792 (Electronic Commerce Act of 2002)
authority in their jurisdictions. Thus, a kagawad is considered a d. All of the above
person in authority. This statement is
a. Correct 115. What is PD 1612?
b. Incorrect a. Anti-Fencing law
c. Doubtful b. Anti-illegal logging
d. Uncertain c. Anti-illegal fishing
d. Arson Law
107. This is a crime of relationship. But knowledge of a
relationship is not necessary. Thus, if a person kills a person 116. What crime is committed by a married woman who shall have
whom he does not know was his son, he is liable for sexual intercourse with a man not her husband and by the man
a. Murder or Homicide as the case maybe knowing her to be married?
b. Parricide a. Adultery
c. Homicide only b. Concubinage
d. Murder only c. Abduction
d. Seduction
108. What takes place when a quarrel takes occurs between
several persons not comprising organized groups and engages in 117. Any person who shall publish, exhibit or causes the
a fight in a confused and tumultuous manner in the course of publication of any defamatory imputation to another is liable for
which a person is killed or wounded and the author thereof cannot a. Libel
be ascertained? b. Bigamy
a. Public Uprising c. Violation of RA 10175
b. Rumble d. All of the above
c. Tumultuous Affray
d. Mass Execution 118. Under RA 9165, _______ is refers to any person who uses
his power or position in, inter alia, facilitating the escape of any
109. What is committed by any person who, under the person whom he knows ore believes, has violated the Dangerous
circumstances mentioned in the first paragraph of RA 8353, Drugs Law, in order to prevent the arrest, prosecution and
inserts his penis into the mouth or anal orifice, or any instrument conviction of the violator.
or object into the genital or anal orifice, of another person? a. Enforcer
a. Simple Rape b. Corrupter
119. Andres with intent to kill fired his gun at Berto hitting him on 127. In all criminal cases appealed to the Court of Appeals, the
his right shoulder. The injury required medical attendance for 2 party appealing the case shall be called the ______ and the
days only. The gun used by Andres was not licensed and he has adverse party the _______, but the title of the case shall remain
no license to carry the gun. What crime or crimes did Andres as it was in the court of origin.
commit? a. "Appelant"-"Appellee"
a. Separate crimes of Homicide and Illegal Possession of b. "Appellee"-"Appelant"
Firearms c. "client"-"clientele"
b. Attempted Homicide only d. "petitioner"-"petitioned"
c. Illegal Possession of Firearms
d. Slight Physical Injuries 128. Any person who engages in trading and dealing with children
including, but not limited to, the act of buying and selling of a
120. Marco, a security guard, fired his gun in the air causing alarm child for money, or for any other consideration, or barter shall be
in the community. He was arrested by policemen. It was found liable for -
out that he has a license to possess the gun and permit to carry. a. Child Trafficking
It was found out though that his license has expired. Is Marco b. Child Prostitution
liable for Illegal Possession of Firearms? c. Child Abuse
a. No, it is now established that when an d. Child Exploitation
unlicensed firearm is used to commit another crime which
is not Homicide or Murder, offender is liable for that crime 129. While on board AirBus 301 bound for Cebu Airport, Jackie
committed. compelled Mr. Wong, the pilot, to change in course or destination
b. Absolutely yes, the gun has no license of the aircraft to Clark airport. What crime Jackie is liable for?
c. No, because Marco was a security guard a. AirBus Hold up
d. No, because he just fired an unlicensed firearm b. Hijacking
c. Robbery
d. No crime committed
121. What do we call these crimes were they are grievous, odious
and hateful offenses, which by reason of their inherent or 130. Tapping any wire or cable, or using any other device or
manifest wickedness, viciousness atrocity and perversity are arrangement, to secretly overhear, intercept, or record a private
repugnant and outrageous to the common standards and norms communication/ conversation or spoken word without the
of decency and morality in a just, civilized and ordered society? knowledge or consent of all the parties is a crime punished under
a. Terroristic Crimes —
b. Heinous Crimes a. Republic Act 4200
c. White Collar Crimes b. Republic Act 3816
d. Crimes by passion c. Republic Act 4485
d. Presidential Decree No. 533
122. This refers to any asset, property, business, and enterprise
or material possession of any person, acquired by him directly or 131. Batas Pambansa Bilang. 22 is also known as
indirectly through dummies, nominees, agents, subordinates a. Anti —Bouncing Check Law
and/or business associates. b. Anti—Estafa Law
a. Public Funds c. Anti—Fraud and Deceit Law
b. Money laundered d. Banking Law of the Philippines
c. Ill-gotten wealth
d. Money Commissioned 132. Under the rules, ________ before a judgment of conviction
becomes final, the court may, on motion of the accused or at its
123. What court has the jurisdiction to hear and try Plunder cases? own instance but with the consent of the accused, grant new trial
a. Regional Trial Court or reconsideration.
b. Ombudsman a. 15 days
c. Sandiganbayan b. 10 days
d. Any regular court c. At anytime
D. 20 days
124. What is the prescriptive period for plunder cases? Though
the right of the State to recover properties unlawfully acquired by 133. Taking away by any means, methods or scheme, without the
public officers from them or from their nominees or transferees is consent of the owner/ raiser, of large cattle whether or not for
not barred by prescription, laches, or estoppels. profit or gain, or whether committed with or without violence
a. 20 years against or intimidation of any person or force upon things is a
b. 30 years crime called—
c. No prescriptive period a. Cattlenapping
d. 25 years b. Cattle Rustling
c. Qualified Theft
125. ________ is a crime whereby the proceeds of an unlawful d. Illegal Animal Shipment
activity are transacted thereby making them appear to have
originated from legitimate sources. 132. Any attack upon or seizure of any vessel, or the taking away
a. Malversation of Public Funds of the whole or part thereof, or its cargo, equipment, or the
b. Money laundering personal belonging of its complement or passengers, irrespective
c. Ill-gotten wealth of the value thereof, by means of violence against or intimidation
d. White collar crime Philippines of persons or force upon things is an act of -
a. Brigandage
126. Persuading, inducing or influencing another public officer to b. Piracy
perform an act constituting a violation of rules and regulations c. Robbery
duly promulgated by competent authority or an offense in d. Carnapping
connection with the official duties of the latter, or allowing himself
to be persuaded, induced, or influenced to commit such violation 133. Hazing is an initiation rite or practice as a prerequisite for
or offense shall be liable for: admission into membership in a fraternity, sorority or organization
a. Violation of Republic Act No. 3019 by placing the recruit, neophyte or applicant in some
b. Violation of Republic Act No. 7610 embarrassing or humiliating situations such as forcing him to do
134. It is the act of fishing with gear method or other physical or 143. If the convict has no property with which to meet the fine of
mechanical acts that destroy coral reefs, sea grass beds and other his pecuniary liabilities, he shall be subject to ______.
fishery marine life habitat, punishable under Philippine Fisheries a. Accessory penalty
Code of 1998 and R.A. 8550. Which one is being defined? b. Preventive imprisonment
a. "Sisid-Marino" c. Subsidiary penalty
b. "Muro Ami" d. Afflictive penalty
c. Illegal fishing
d. All of these 144. One by which a party sues another for the enforcement or
protection of a right or the prevention or redress of a wrong. What
135. It includes the practice of issuing an "invitation" to a person is being defined?
who is being investigated in connection with an offense he is a. Civil action
suspected to have committed. This refers to - b. Criminal action
a. Extra judicial confession c. Special proceedings
b. Custodial Investigation d. Remedial action
c. Preliminary Investigation
d. Cross and Direct Examination 145. It is the method prescribed by law for the apprehension and
prosecution of persons accused of any criminal offense, and their
136. Republic Act No. 7877 is also known as- punishment, in case of conviction.
a. Anti-Money Laundering Act a. Criminal Law
b. Anti-Graft and Corrupt Practices Act b. Criminal Procedure
c. Anti-Illegal Logging Act c. Criminal Evidence
d. Anti-Sexual Harassment Act d. Remedial Law
137. The adjudication by the court that the accused is guilty or 146. It is a process directed to a person requiring him to attend
not guilty of the offense charged and the imposition on him of the and testify at the hearing or trial or the trial of an action or at any
proper penalty and civil liability, if any, is called - investigation conducted by competent authority or the taking of
a. Contempt of court his deposition.
b. Judgment a. Summons
c. Clerk of Court b. Subpoena
d. Appeal c. Court Order
d. Warrant
138. Under the rules, ______ may appeal from a judgment or final
order, unless the accused will be placed in double jeopardy. 147. It is an accusation in writing charging a person with an
a. The defense offense, subscribed by the prosecutor and filed with the court.
b. The prosecution a. Information
c. Any party b. Mittimus
d. No one c. Court Order
d. Complaint
139. What is called an order in writing issued in the name of the
People of the Philippines, signed by a judge and directed to peace 148. ______ is one by which the State prosecutes a person for an
officer, commanding him to search for personal property actor omission punishable by law.
described therein and bring it before the court? a. Civil Action
a. Warrant b. Remedial Action
b. Arrest Warrant c. Criminal Action
c. Search Warrant d. Power of the State
d. Information
149. It is concerned with the procedural steps through whicha
140. The declaration of an accused acknowledging his guilt of the criminal case passes, commencing with the initial investigation of
offense charged or of any offence necessarily included therein, a crime and concluding with the unconditional release of the
may be given in evidence against him. What is being defined? offender. What is being defined?
a. Testimony a. Criminal Procedure
b. Declaration b. Criminal Evidence
c. Admission c. Criminal Law
d. Confession d. Remedial Law
141. On March 5, 2002, X issued five (5) checks to Y. When the 150. It is a writ addressed to the defendant, directing him to
checks became due, Y presented them to the drawee bank for answer within the time prescribed by. the rules the complaint filed
payment but the checks were dishonored for the reason "account against him by the plaintiff, with a notice that unless he so
closed". As a consequence, Y filed five (5) counts of violation of answers, plaintiff will take judgment by default and maybe
B.P. 22 against X. X filed a Motion to Quash the cases. He argued granted the relief applied for.
that there is a rule in criminal law that there is only one offense a. Court Order
when the offender is moved by one "criminal intent". He b. Summons
contended that applying the rule, he can only be charged with c. Subpoena
one offense, that is, the five. (5) cases of alleged violation of B.P. d. Warrant
22 should be lumped in one information. Is X correct?
a. Yes, under the Single Larceny Doctrine 151. What is called the authority to hear and decide a particular
b. No, the accused is not correct. Each act of offense and impose punishment for it?
drawing and issuing a bouncing check constitutes a a. Criminal Evidence
violation of B.P. b. Criminal Jurisdiction
c. It depends on the judge c. Power of the Court
178. The Court of Appeals of the Philippines is the second highest 188. When the subject of inquiry is the contents of a document,
court next to the Supreme Court. It is composed of _________. no evidence shall be admissible other than the original document
a. 69 Justices including the Presiding Justice itself. This is the -
192. The husband or the wife, during or after the marriage, 201. He is responsible in evaluating the evidence the police have
cannot be examined without the consent of the other as to any gathered and deciding whether it is sufficient to warrant the filing
communication received in confidence by one from the other of charge(s) against the alleged violator.
during the marriage. This statement is covered under the so called a. Investigator
- b. judge
a. Marital Privilege Rule c. prosecutor
b. Paternity Rule d. solicitor general
c. Rule on Marriage
d. Rule on Special proceedings 202. He is an arbiter in court who ensues that the defense and
the prosecution adhere to the legal requirements of introducing
193. Tacio admitted to his lawyer that he killed Badong. After evidences.
sometime, the lawyer withdrew his representation of Tacio. a. Clerk of court
Thereafter, the prosecution wishes to offer the lawyer's testimony c. judge
as to the admission of Tacio to him. Will the testimony of Tacio b. sheriff
be presented as evidence? d. jury
a. No, the admission was learned during the
existence of the attorney-client relationship covered 203. The pillar of the CJS which is not under the executive branch
under privileged communication of the government.
b. Yes, the lawyer's withdrawal of representation cuts a. law enforcement
attorney-client relationship b. court
c. Both A and B are incorrect c. prosecution
d. It depends upon the prerogative of the court d. correction
194. It is a contract whereby the parties, by making reciprocal 204. This is a governmental body that is charged with the
concessions, avoid litigation or put an end to one already responsibility of administering justice.
commenced. a. Law enforcement
a. Agreement b. correction
b. Compromise c. Prosecution
c. Special arrangement d. court
d. Treaty
195. A confession made before a court in which the case is 205. This document is required by the Prosecutor’s Office before
pending and in the course of legal proceedings therein is called - it can entertain a complaint on a case covered by the Barangay
a. Judicial confession Court.
b. Extrajudicial confession a. Certificate of Non-Settlement
c. Intrajudicial confession b. Certificate of Non-arbitration
d. Paralegal confession c. Certificate to file action
d. complaint affidavit
196. As a rule, a witness must confine his testimony to matters
within his actual knowledge. He cannot be asked questions calling 206. Refers to the person who is being implicated to the
for his opinion or conclusions upon facts, which are for the court commission of a crime and subject of an investigation.
to make. This is called - a. Convict
a. Admissibility test b. respondent
b. Opinion rule c. Accused
c. Special arrangement d. suspect
d. Invalid questioning