B11 CLJ Bet 250 Items - With - Answer 1

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BATCH 11

BOARD EXAM TRIAL ON


CRIMINAL LAW AND JURISPRUDENCE
Prepared by: Atty. Jay M. Ferraro

1. Which of the following is not one of the three features or


8. The basis of criminal liability in mala in se is intent while the
characteristics of Criminal Law?
basis of crimes mala prohibita is _______.
a. Criminal law applies to all persons who commit felonies
a. environmental
in Philippine territory.
b. opportunity
b. Criminal law applies by virtue of treaty
c. voluntariness
stipulations, laws of preferential application, and
d. stage of execution
principles of public international law.
c. Criminal law applies to all offenses committed within
9. The stages of execution affect the penalty imposable in crimes
Philippine territory.
mala in se; there are no stages of execution in crimes mala
d. Criminal law applies prospectively and not retroactively
prohibita. This statement is ________.
unless its provisions are favorable to the accused who is not a
a. Correct
habitual delinquent.
b. Wrong
c. Has no legal basis
2. The law distinguishes motive as the reason why a person
d. Depends on the rules of court
commits a crime while intent is the ______.
a. desire or freewill to commit a crime
10. Under the law, what is known as an act which would be an
b. purpose of using a particular means to achieve
offense against persons or property, were it not for the inherent
an objective
impossibility of its accomplishment, or on account of the
c. use of one's wise judgment
employment of inadequate or ineffectual means?
d. moving power that makes one to be guilty of an act
a. Mala prohibita
b. Mala in se
3. In criminal law, intent is an element of a crime; motive is not.
c. Impossible crime
a. True
d. Incomplete crime
b. It depends
c. False
11. In criminal law, instigation takes place when ______.
d. Only when the felony is against persons
a. a peace officer induces a person to commit a
crime
4. In criminal law, error in personae or mistake in identity occurs
b. a peace officer entraps a person
when _____.
c. a peace officer subjected someone to surrender
a. the offender hits or injures another person and
d. a peace officer commits the crime of abduction
not the victim intended
b. the offender injures another due to personal reason
12. Reclusion Perpetua is a penalty prescribed under the Revised
c. the offender knows personally the victim
Penal Code, what - about the penalty of life imprisonment?
d. the offender hits an unknown person
a. reclusion perpetua is the same as life imprisonment
b. life imprisonment is prescribed under special
5. In criminal law, aberratio ictus or mistake in the blow occurs
penal laws
when ______.
c. the difference is in accordance with rules of court
a. the offender hits another which he intended
d. none of the above is correct
b. the offender knows he hits another known to him
c. the offender delivers a blow at his intended
13. In Reclusion Perpetua, the accused is entitled to parole after
victim but does not hit him, and instead, such blow lands
serving 30 years imprisonment. Life imprisonment has no fixed
on an unintended victim.
duration. This statement is
d. the offender mistakenly identified by the police
a. Correct
b. Incorrect
6. Praeter intentionem occurs where the consequence is greater
c. It depends
than the one intended. This is a mitigating circumstance,
d. Unacceptable
a. No, it is an aggravating circumstance
b. Yes, it is a mitigating circumstance
14. In this circumstance, the act of the accused is in accordance
c. A and B are both wrong
with law, hence, he incurs nocriminal liability. Since there is no
d. A and B are both correct
crime, there is no criminal.
a. Mitigating
7. Crimes mala in se are punishable under the Revised Penal Code
b. Exempting
while crimes mala prohibita are punished under special laws. This
c. Justifying
statement is ______.
d. Aggravating
a. Correct
15. A composite crime or a special complex crime or single
b. Wrong
indivisible offense is composed of two or more crimes but in the
c. No legal basis
eyes of the law, the offender incurs only one criminal liability. The
d. Unacceptable
following are examples, except -

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a. Robbery with Homicide
b. Rape with Homicide 25. Stabbing a person who is lying on bed, the offender having
c. Kidnapping with Homicide the intent to kill him and thinking that he was only sleeping, when
d. Malversation thru Falsification in fact that person had already been dead before he stabbed him.
The act performed by the offender would have been murder, an
16. A complex crime is constituted when a single act causes two offense against persons, were it not for the inherent impossibility
or more grave or less grave felonies or when an offense is of its accomplishment, it being impossible to kill a person who is
committed as a necessary means to commit another offense. This already dead. Is this a correct example of impossible crime?
statement is a. Yes, thus the offender incurs criminal liability
a. Incorrect, it is called Delito Compuesto b. Yes, but there is no criminal liability incurred
b. Correct, it is a complex crime c. No, in impossible crime, the crime cannot be committed
c. Incorrect, it is called Delito Complejo d. No, because a dead person cannot be a victim of crime
d. Correct, it is also called Delito continuado
26. Having sexual intercourse with a woman who is already dead
17. Pedro kidnapped Maria in Baguio City. He brought her but the offender thought that she was alive. Is this a case of
thereafter in Pangasinan, Tarlac and Pampanga against the impossible crime?
latter's will. This is a case of _______. a. Yes, because rape cannot be committed against dead
a. Delito compuesto woman
b. Delito Complejo b. Yes, because rape is now a crime against persons under
c. Delito Continuado RA 8353
d. All of the above c. Both A and B are correct
d. No, impossible crime is not applicable in this case
18 How many criminal information should be filed in complex
crimes? 27. Pedro, surreptitiously took a watch from the possession of
a. Only one information Juan which turned out to be his own watch which he had been
b. Two information missing for 2 weeks. Is Pedro liable for impossible crime?
c. Complex crimes requires many criminal information a. Yes, because an essential element of Theft is that the
d. It depends on the crime committed offender must take the personal property belonging to another.
b. Yes, Pedro cannot be a thief of his own property
19. In the crime of rebellion, there is public uprising and taking c. Both A and B are correct
up arms against the Government while in the crime of coup d' etat d. No, in impossible crime, a criminal act cannot be
_____. committed
a. public uprising is not necessary
b. must be accompanied by violence 28. Pedro, thinking that his girlfriend Maria is pregnant,
c. a swift attack is made administered abortive substance on Maria to expel the fetus from
d. All of the above the maternal womb. It turned out that Maria was not pregnant.
What crime did Pedro commit?
20. Is it necessary that the principal of a crime be convicted first a. Consummated Abortion
before one may be found guilty as an accessory? b. Frustrated Abortion
a. No; the law does not require it c. Impossible crime
b. Yes, the law requires it as a general rule d. Grave Physical Injuries
c. It depends on the judge
d. Yes, as long as corpus delicti is established 29. Four (4) culprits armed with firearms and with intent to kill X
went to the house of the latter. After having pinpointed X's room,
21. In recidivism, there must be crimes embraced in the same title all four fired their guns and riddled the house with bullets. It so
of the Revised Penal Code. In quasi-recidivism, the offender happened that X did not come home that night. What crime did
commits a felony before serving sentence by final judgment for the accused commit?
another crime or while serving sentence. This statement is - a. Attempted Murder because there was intent to kill
a. Incorrect, it should be the other way around b. Impossible crime because X was not physically
b. Correct, recidivism and quasi-recidivism has present at his home that night
been distinguished c. Malicious Mischief because another crime was
c. Correct, except that recidivism also covers special laws committed other than that intended
d. Incorrect, there is no such a thing as quasi-recidivism d. No crime was committed because no one was injured
or destroyed
22. In habitual delinquency, the crimes are specified, which are
the following, except 30. In attempted felony, the offender does not perform all the
a. serious physical injuries or less serious physical injuries acts of execution. In frustrated felony, the offender performs all
b. theft or robbery the acts of execution. This statement is
c. estafa or falsification a. Correct
d. murder or homicide b. Wrong
c. Partially correct
23. May a crime be committed without intent? d. Partially wrong
a. Yes, in crimes mala prohibita and in culpable 31. In crimes of violence, if the offender does not inflict a mortal
felonies wound, he does not perform all the acts of execution. Thus, if
b. Yes, only in crimes mala inse Berto with intent to kill hacked Betong and the latter was not hit.
c. No, the law does not require intent in any crime Berto is liable for
d. No, because all acts are illegal a. Attempted Homicide
b. Frustrated Homicide
24. In impossible crime, the crime must be a crime against c. Consummated Homicide
persons or property only, thus it does not apply to crimes against d. Murder due to the bolo used
chastity, honor, liberty, etc. This statement is
a. Incorrect, impossible crime applies to all crimes 32. Berto, with intent to kill, hacked Betong and was hit but
punishable by the Revised Penal Code suffered an injury which requires medical attendance for 5 days.
b. Incorrect, it also applies to offenses punishable by What is the crime did Berto commit?
special laws a. Attempted Homicide
c. Correct, the law specified the type of crime b. Frustrated Homicide
where an impossible crime maybe committed c. Consummated Homicide
d. Correct, it also covers crime against national security d. Murder due to the bolo used

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b. the minimum penalty
c. the medium penalty
d. life imprisonment
33. The crime of Robbery and Theft have no frustrated stage, only
attempted and consummated stages. This statement is 42. What is another term for Reiteracion?
a. False, because all crimes have 3 stages of commission a. Habituality
b. False, because robbery and theft are crimes against b. Recidivism
property c. Discretion
c. True, as when the accused comes in possession d. Habitual delinquency
of a thing, even if it were more or less momentarily, the
taking is complete 43. What occurs when within a period of 10 years from the date
d. True, because robbery and theft are crimes against of his release or last conviction of any of the crimes of Serious
property Physical Injuries, Less Serious Physical Injuries, Theft, Robbery,
Estafa, Falsification, he is found guilty the third time or oftener?
34. Under the law, a woman who is repeatedly subjected to any a. Habituality
forceful physical or psychological behavior by a man in order to b. Reiteracion
coerce her to do something he wants her to do without concern c. Habitual Delinquency
for her rights is considered d. Recidivism
A. A battered woman under RA 9262
B. An abused woman under the Revised Penal Code
C. A woman physically injured 44. It is not necessary, under the law, that the victim owns the
D. A lunatic woman place where he lives or dwells. Be he a lessee or boarder or a bed-
spacer, the place is his home the sanctity of which the law seeks
35. _______ is the crime committed by a person who deliberately to protect and uphold. Although the victim is merely renting a bed
and without lawful cause, follows the woman or her child and/or space in a boarding house, his room constituted for all intents and
places the latter under surveillance in public. purposes a "dwelling" as the term used in the Revised Penal Code.
a. Child Abuse a. True, the legal basis is correct
b. Espionage b. False, the legal basis is wrong
c. Stalking c. False, dwelling under the law refers only to abode
d. Phishing d. True, even include house of ill repute

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

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c. Yes, because the offender positioned at the back of the with the use of a nylon cord. Thereafter, he buried the cadaver of
victim the victim in the sand. Nonoy, a 7 year old boy who was pasturing
d. No, because the crime of theft is a crime against his COW witnessed the incident. The dead body of Jonas was
property. Treachery applies only to crime against persons never found. For fear of his life, Nonoy did not tell anyone, even
. his parents and relatives about what he witnessed. After 22 years,
or in 2004, Nonoy reported the crime to the authorities. Can the
50. What if the accused had sexual intercourse with the victim State still prosecute Boyet for the death of Jonas despite the lapse
who was sleeping and therefore had no chance to defend herself, of 22 years?
is there treachery? a. No, because the crime of homicide prescribes in 20
a. No, because sexual intercourse is always sensual years.
between partners b. Yes, under the law, the period of prescription
b. Yes, because there was no consent on the part of the commences to run from the day the crime is discovered
victim by the offended party, the authorities or their agents.
c. Yes, there is treachery because rape is now a c. No, because the commission of the crime was known
crime against persons and no longer a crime against only by Nonoy, who was not the offended party
chastity d. Yes, if only Nonoy revealed the incident when he was7
d. No, because it is impossible to have sex while the victim yrs old.
is asleep
58. A police officer dissolved a meeting that was not granted a
51. Killing of a child is Murder qualified by treachery, even if the permit. Is he liable for dissolution of a Peaceful meeting?
manner of attack was not shown. This statement is a. No, the law provides that the meeting must not only be
a. Correct peaceful, it must also be lawful. This means that it must be
b. Incorrect covered with a permit.
c. Partially correct b. Yes, because the meeting was peaceful
d. Partially incorrect c. No, because the meeting was not peaceful as it was not
covered by permit
52. Pedro and Juan fought against each other. Juan suffered some d. Both A and C are correct
injuries and ran away. Juan stumbled. While lying face on the
ground, Pedro stabbed Juan on his back. Juan died. Is treachery 59. If a police officer arrests a person by virtue of a warrant of
present? arrest, within what period should the police officer him to the
a. No, because stabbing a person at the back is not at all proper judicial authority?
times treachery a. 15 days only
b. Yes, obviously Pedro intended to stab Juan at the back b. 10 days only
c. No, because the attack did not commence with c. It depends on the what is required by the court
treachery. The stabbing at the back was a continuation of d. No period shall be applied. He is not bound by
the attack which did not commence with treachery. the period under Art. 125.
d. Yes, because it was clear he stabbed the victim at his
back 60. Benigno is a sugarcane planter in Hacienda Ymana. He
nurtured a grudge and ill feeling against Don Geraldo, the owner
53. On June 24, 2006, President Gloria M. Arroyo signed An Act of the hacienda because he had not been giving his workers their
Prohibiting the Imposition of Death Penalty in the Philippines. due share and benefits. Benigno attacked Don Geraldo with fist
a. Republic Act 9344 blows and kick blows. What crime did Benigno commit?
b. Republic Act 9346 a. Direct Assault
c. Republic Act 9165 b. Homicide
d. Republic Act 9272 c. Attempted Homicide
d. Physical Injuries
54. If a single bullet kills a victim and slightly injures another and
the offender had no intention to kill, then what crime or crimes 61. Timon, an election registrar insulted Pumba in front of many
being committed? people. The latter did not forget that incident. One day, Pumba
a. Two crimes are committed, Homicide and Slight chanced upon Timon. Pumba boxed Timon repeatedly to avenge
Physical Injuries the public humiliation that the earlier suffered.
b. A complex crime, homicide with physical injury What crime did Pumba commit?
c. Homicide only a. Direct Assault
d. Physical injury only b. Homicide
c. Attempted Homicide
55. Anton, who was drunk, bumped a parked car. The car was d. Physical Injuries
heavily damaged and a person was slightly injured. If you were
the fiscal, what crime/crimes are you going to file? 62. Judge X sentenced Y with imprisonment. After Y was released
a. Reckless Imprudence Resulting to Damage to from prison he met Judge X. Because of resentment, Y stabbed
Property and another one for Slight Physical Injuries. The and killed the judge. What crime/crimes did Y commit?
two (2) crimes cannot be complexed because one is a a. He committed the complex crime of Homicide
light felony. with Direct Assault upon a person in authority.
b. Reckless Imprudence Resulting to Damage to Property b. He committed Murder
only because this is more heavier c. He committed Homicide only
c. Physical injury only because it is a crime against person d. He committed Homicide with Physical Injuries
thus this is more heavier
d. I will not file any case since Anton was just drunk 63. Tommy mortgaged his first owned car, a Toyota Fortuner, to
secure the payment of his loan. He failed to pay his loan upon
56. When fire is used with the intent to kill a particular person maturity. The bank foreclosed the mortgaged. The sheriff took
who may be in a house and that objective is attained by burning possession of his car and scheduled it for public auction. During
the house, the crime is the auction day, Tommy drove the bidders away by threats to kill
a. Murder only to prevent his car from being sold at public auction. What crime
b. Arson with Homicide did Tommy commit?
c. Arson only a. Grave Scandal
d. Homicide with Arson b. Grave Threats
c. Attempted Homicide
57. On December 5, 1982, Boyet killed Jonas while the latter was d. Machination in Public Auction
enjoying the cold water of Agno river. He strangled him to death

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64. What law punishes graft and corrupt practices in the d. R.A 9782
Philippines?
a. R.A 9136 76. What is the crime committed by a taxi driver on "boundary
b. R.A 3019 system" who instead of returning the taxi to the company/owner
c. R.A 9163 after the day's driving, abandoned it somewhere contrary to the
d. R.A 9130 practice under which he gained possession of the vehicle?
a. Robbery
65. Any public officer who, by himself or in connivance with b. Qualified Theft
members of his family, relatives by affinity or consanguinity, c. Carnapping
business associates, subordinates or other persons, amasses, d. No crime committed
accumulates or acquires ill-gotten wealth through a combination
or series of overt or criminal acts in the aggregate of 50 million 77. What law punishes the crime of illegal recruitment?
pesos is liable for the crime of ______. a. R.A 8042
a. Bribery b. R.A 4283
b. Plunder c. R.A 7433
c. Corruption d. R.A 8040
d. Graft
78. The concept of pari delicto is not found in the Revised Penal
66. X paid to Y,,the city treasurer the amount of P10, 000 as realty Code. The term pari delicto means -
taxes. Although he had official receipts, Y told X that there were a. One party is liable
no available official receipts in the office. He issued a temporary b. Both parties agreed to settle dispute amicably
receipt. Y spent the money. What crime was committed byY for c. Both parties are liable
failing to issue receipt? d. One party is a priest
a. Illegal Exaction
b. Melversation of public fund
c. Estafa
d. No crime was committed 79. Jinggoy is married to Juana. He has been separated from
Juana since 2004. Jinggoy got married to Angelica in 2007.
67. What crime is crime committed by any public officer who shall Angelica knew that Jinggoy was previously married. What crimes
apply any public funds or property under his administration to any did Jinggoy and Angelica commit if any?
public use other than that for which funds or property were a. They are both liable for the crime of Bigamy
appropriated by law or ordinance? b. Only Jinggoy is liable for bigamy, Angelica did not
a. Graft and Corruption commit any crime
b. Estafa c. Angelica is liable for Adultery
c. Technical Malversation d. Jinggoy is liable for Concubinage
d. Misappropriation of funds
80. Criminal law applies to all persons who commit felonies in
68. X and Y killed Z the father of Y. Y is liable for Parricide because Philippine territory. The exceptions to this rule are, except:
of his relationship with Z. X is liable for what crime? a. by virtue of treaty stipulations
a. Homicide or Murder as the case maybe b. by laws of preferential application
b. No criminal liability c. by principles of public international law
c. Parricide also d. by habitual delinquency
d. Murder
81. Criminal law applies prospectively and not retroactively unless
69. There was a rumble. After the smoke of battle had cleared X its provisions are favorable to the accused who is not a habitual
was seen sprawled on the ground dead. It was not known who delinquent. This statement is
killed him but the person who inflicted serious physical injuries a. True
upon him is known. That person will be charged with the crime of b. False
_______. c. Partially True
a. Homicide d. Partially False
b. Death caused in a Tumultuous Affray
c. Murder 82. In criminal law, when the act of the accused is in accordance
d. Homicide and Physical Injuries with law, he incurs no criminal liability. Since there is no crime,
there is no criminal. This is
70. What law punishes “rape by sexual intercourse" and "rape by a. Justifying circumstance
sexual assault" in the Philippines? b. Exempting circumstance
a. The Revised Penal Code c. Mitigating circumstance
b. R.A 8353 d. Alternative circumstance
c. R. A 8354
d. R.A 5487 83. Error in personae or mistake in identity occurs when the
offender hits or injures another person and not the victim
74. X a Municipal Treasurer was awakened from his sleep at intended. In this case, the penalty for the intended crime is
around 6 in the morning because of commotion outside. When he imposed –
went out, he saw his wife quarreling with their neighbor Y. He a. in the minimum period
arrested or detained Y and brought her to the police station. What b. in the maximum period
crime did X commit? c. regardless of the penalty
a. No crime was committed because his act was lawful d. only when the guilt is strong
b. He committed illegal arrest
c. He committed unlawful arrest 84. Reclusion Perpetua is a penalty prescribed under the RPC
d. He committed physical assault while life imprisonment is a penalty under special laws; Reclusion
Perpetua has accessory penalties. Life imprisonment has no
75. What law punishes the act of hacking or cracking or the accessory penalties; In Reclusion Perpetua, the accused is entitled
unauthorized interference in the information, communication, or to parole after serving 30 years imprisonment. Life imprisonment
computer system of another, including introduction of viruses, has no fixed duration. This statement is
etc.? a. Absolutely false, it should be the other way around
a. R.A 8553 b. True, as they are correctly distinguished
b. R.A 8353 c. Partially true
c. R.A 8792 d. Partially false

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94. If the offender knew that his would be victim was already
85. A circumstance which shows the lesser perversity of the dead when he stabbed him, he is not liable for an impossible crime
offender and which will result in the imposition of the minimum because his mind was no longer criminal. He knew that he cannot
period of the penalty prescribed in the law. Which of the following inflict any injury anymore to a dead person. This statement is -
is being defined? a. Correct
a. Aggravating circumstance b. Incorrect
b. Justifying circumstance c. It depends on the judge
c. Mitigating circumstance d. It depends on the prosecutor
d. Exempting circumstance
95. A battered woman is a woman who is repeatedly subjected to
86. A generic aggravating circumstance can be offset by a any forceful physical or psychological behavior by a man in order
mitigating circumstance; a qualifying aggravating circumstance to coerce her to do something he wants her to do without concern
cannot be offset by a mitigating circumstance. This statement is for her rights. In order to be classified as a battered woman, the
- couple must go through the acute battering cycle -
a. Correct a. at least twice
b. Incorrect b. even once
c. It depends on the judge c. several times that the court must appreciate
d. It depends on the prosecutor d. seven times

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

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b. Multiple Rape
101. On ________ President Gloria M. Arroyo signed RA 9346, An c. Rape by sexual assault
Act Prohibiting the Imposition of Death Penalty in the Philippines. d. Rape by sexual intercourse
a. June 24, 2008
b. June 24, 2002 110. The accused and the victim were strolling on the school
c. June 24, 2006 grounds. The accused took the victim to the highway leading to
d. June 14, 2007 another town. The victim told the accused that she wanted to go
to the station but the accused refused to let her go. What is the
102. What law punishes the crime of Obstruction of Justice? crime committed?
a. PD 1829 a. Kidnapping
b. RPC, Art. 178 b. Grave coercion
c. RA 7438 c. Abduction
d. None of these d. Illegal detention

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

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c. Coddler c. Violation of Republic Act No. 7080
d. Corruptee d. Violation of Republic Act No. 9165

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

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menial, silly, foolish and similar tasks or activities or otherwise d. It depends on the prosecutor
subjecting him to physical or psychological suffering or injury. This
crime is punishable under - 142. What is the duration of Arresto Mayor as a penalty?
a. Republic Act No. 8890 a. One day to thirty days,
b. Republic Act No. 8049 b. As the court may determine
c. Republic Act No. 9814 c. Six months and one day to six years
d. Republic Act No. 6425 d. One month and one day to six months

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

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d. Juridical Power 161. The complaint or information is sufficient if it can be
understood from its allegations that the offense was committed
152. The facts alleged in the complaint and the laws in force at or some of its essential ingredients occurred at some place within
the time of the commencement of the action determine the -
jurisdiction of a court. This statement is - a. the locality
a. Correct, as it is a general rule b. the reach of coverage area
b. Incorrect, as not one among the rules c. the jurisdiction of the court
c. It depends on the judge to consider d. the identification of the person
d. It depends on the law existing at the time of application
162. Where an offense is committed in a train, aircraft, or other
153. In Katarungang Pambarangay proceedings, may the parties public or private vehicle in the course of its trip, the criminal action
appear with the assistance of their counsel? shall be instituted -
a. Yes, because of their right to have counsel a. at the nearest RTC where such train, aircraft, or other
b. No, appearance of a lawyer in all Katarungang vehicle passed during its trip.
Pambarangay proceedings is prohibited b. at the nearest MTC where such train, aircraft, or other
c. Yes, at the prerogative of each party vehicle passed during its trip.
d. No, unless the lupon chairman allows it c. under the prerogative of the prosecutor
d. in the court of any municipality or territory
154. It is a sworn written statement charging a person with an where such train, aircraft, or other vehicle passed during
offense, subscribed by the offended party, any peace officer, or its trip, including the place of its departure and arrival.
other public officer charge with the enforcement of the law
violated. 163. If acquittal is based on the merits of the case, dismissal is
a. Subpoena based on ______.
b. Warrant a. crime committed
c. Complaint b. technicality
d. Summons c. judge's prerogative
d. lack of evidence
155. Under the rules, all criminal actions commenced by a
complaint or information shall be prosecuted under the direction 164. A preliminary investigation is required to be conducted
and control of the _______. before the filing ofa complaint or information for an offense where
a. Judge the penalty prescribed by law is?
b. Policeman a. Capital punishment
c. Prosecutor b. Life imprisonment
d. Lupon chairman c. at least four (4) years, two (2) months and one
(1) day without regard to the fine
156. As an exception to the rule, in Municipal Trial Courts or d. prision mayor to reclusion perpetua
Municipal Circuit Trial Courts when the prosecutor assigned
thereto or to the case is not available, the following can prosecute 165. Which among the following is not authorized to conduct
the case, except preliminary investigation?
a. the MTC judge a. National and Regional State Prosecutors
b. the offended party b. Provincial or City Prosecutors
c. any peace officer c. Judges of lower courts
d. public officer charged with enforcement of the law d. City Assistant Prosecutors
violated

157. In the crimes of adultery and concubinage, it shall not be


prosecuted except upon a complaint filed by - 166. Within how many days after the filing of the complaint, the
a. the offended spouse investigating officer either dismiss or issue a subpoena to the
b. parents of offended spouse respondent?
c. guardian of offended party a. 10 days, according to the procedures
d. grandparents of offended party b. 15 days, according to the rules
c. 20 days, according to the judge
158. For a complaint or information to be sufficient, it must state d. At any time, according to the prosecutor
the following, except
a. the name of the accused 167. Within how many days from receipt of the subpoena with
b. the designation of the offense the complaint and supporting affidavits and documents, the
c. the acts or omissions complained of respondent should submit his counter-affidavit and that of his
d. the age of the offended party witnesses and other supporting documents relied upon for his
defense?
159. When an offense is committed by more than one person, all a. 10 days, according to the procedures
of them shall be included in the complaint or information. This b. 15 days, according to the rules
statement is c. 20 days, according to the judge
a. correct d. At any time, according to the prosecutor
b. not necessary, under the rules
c. incorrect 168. An arrest is made by an actual restraint of a person to be
d. doubtful arrested, or by -
a. recognizance
160. The rule provides that the complaint or information must b. way of probation
state the name and surname of the accused or any appellation or c. his submission to the custody of the person
nickname by which he has been or is known. What if his name making the arrest
cannot be ascertained? The rule says d. voluntary detention
a. leave the name blank to be supplied later on
b. the name "juan de la cruz" should be used 169. The duty of the officer executing the warrant to arrest the
c. he must be described under a fictitious name accused is to -
with a statement that his true name is unknown a. detain the arrested person within the time prescribed
d. the name "john doe" should be entered by law
b. deliver him to the nearest police station or jail
without unnecessary delay

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c. conduct preliminary investigation b. 58 Justices including the Presiding Justice
d. lock up the person to the detention cell for safekeeping c. 28 Justices including the Presiding Justice
d. 16 Justices including the Presiding Justice
170. Are there how many Justices of the Supreme Court of the
Philippines? 179. A search warrant shall not issue except upon in connection
a. 13 Justices excluding the Chief Justice with one specific offense to be determined personally by the judge
b. 15 Justices including the Chief Justice after examination under oath or affirmation of the complainant
c. 16 Justices including the Chief Justice and the witnesses he may produce.
d. 12 Justices excluding the Chief Justice a. existence of probable cause
b. conduct of preliminary investigation
171. The head of the office to whom the warrant of arrest was c. availability of witnesses
delivered for execution shall cause the warrant to be executed d. in writing
within ten (10) days from its receipt. Within ten (10) days after
the expiration of the period, the officer to whom it was assigned 180. A search warrant shall be valid for _________ from its date.
for execution should - Thereafter, it shall be void.
a. make a follow up investigation on the progress of the a. 15 days
execution of the warrant b. 10 days
b. make a report to the judge who issued the c. 20 days
warrant d. until it is served
c. execute the warrant by himself
d. apply to the court for another warrant 181. It is the means, sanctioned by the Revised Rules of Court, of
ascertaining to a judicial proceeding the truth respecting a matter
172. It is the security given for the release of a person in custody of fact.
of the law, furnished by him or a bondsman, to guarantee his a. Motive
appearance before any court as required under the conditions b. Fact
hereinafter specified. c. Evidence
a. Recognizance d. Proof of crimes
b. Probation
c. Republic Act 5487 182. Evidence is when it has a tendency in reason to establish the
d. Bail probability or improbability if a fact in issue.
a. Accurate
173. The failure of the accused to appear at the trial without b. Relevant
justification and despite due notice shall be deemed a waiver of c. Competent
his right to be present thereat. 'In such case, should the trial d. Complete
proceed?
a. Yes, the trial may proceed in absentia 183. Direct evidence proves the fact in dispute without the aid of
b. No, because of the absence of the accused any inference or presumption while _______ is the proof of a fact
c. No, anyway there is always bail as security or facts from which, taken either singly or collectively, the
d. Yes, upon the order of the high court existence of the particular fact in dispute may be inferred as a
necessary or probable consequence.
174. On arraignment, the accused must be arraigned before - a. Indirect Evidence
a. the prosecutor who conducted preliminary investigation b. Circumstantial Evidence
b. the Regional Trial Court c. Proof beyond reasonable doubt
c. the court where the complaint or information d. Preponderance of evidence
was filed or assigned for trial
d. the Supreme Court 184 The evidence is considered positive when the witness affirms
that a fact did or did not occur, and ________ when the witness
175. Before arraignment, the court shall inform the accused of his states he did not see or know of the occurrence of a fact.
right to counsel and ask him if he desires to have one. Unless the a. Hearsey
accused is allowed to defend himself in person or has employed b. Negative
counsel of his choice - c. Neutral
a. the court shall suspend the trial until the accused picked d. Active
his lawyer
b. the court must assign a counsel de officio to 185. What kind of evidence is given by one possessing in regard
defend him to a particular subject or department of human activity or
c. the court proceed with the trial in the absence of a knowledge which does not usually acquired by other persons?
lawyer a. Expert evidence
d. the court will impose judgement on merits of the case b. Special evidence
c. Ordinary evidence
176. After a plea of not guilty is entered, the accused shall have d. Cumulative evidence
to prepare for trial. The trial shall commence within thirty (30)
days from receipt of the pretrial order. 186. It is an additional evidence of a different kind and character,
a. at least 5 days tending to prove the same point.
b. at least 10 days a. Cumulative evidence
c. at least 15 days b. Corroborative evidence
d. at least 20 days c. Prima facie evidence
d. Add value evidence
177. Among the following, which shall be the first in the order of
trial? 187. In evidence, what is the ultimate fact or the fact to be
a. The defense counsel will preside in the case established?
b. The accused should be presented on the witness stand a. Factum Lactum
c. The prosecution will present evidence to prove b. Factum Probandum
the charge and, in the proper case, the civil liability c. Factum Probans
d. The judge will recite the "Panunupa sa Watawat" d. Factum Facie

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 -

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a. Original Document rule 197. In the order of examinationn of an individual witness, which
b. Best evidence rule one comes first?
c. Parole evidence rule a. Direct examination by the proponent
d. Questioned document rule b. Cross-examination by the opponent
189. When the original of a document is in the custody of a public c. Re-direct examination by the proponent
officer and is recorded in a public office, its contents may be d. Re-cross-examination by the opponents
proved by
a. a xerox copy of the original 198. Which of the following is NOT included in the components of
b. a notarized copy of the original criminal justice system of the United States?
c. a certified copy issued by the public office in a. Law enforcement
custody thereof b. Corrections
d. all of these c. Prosecution
d. Courts
190. When the terms of an agreement have been reduced into
writing, it is considered as containing all the terms agreed upon 199. This principal character of the criminal justice process links
and there can be, between the parties and their successors-in- all components of the CJS.
interests, no evidence of such other terms or agreements other a. Offender
than the contents of the written agreement. This is called the - b. Victim
a. Best evidence rule c. witness
b. Parol evidence rule' d. Crime
c. Pardon evidence rule
d. Questioned document rule 200. The frontline defender of democracy in the CJS.
a. Prosecution
b. Correction
191. Can a deaf and dumb person be allowed to testify in court? c. Police
a. Yes, in any manner satisfactory to the court d. Court
b. Yes, by writing or signs through an interpreter
c. No, never allowed by the rules
d. Both A and B are correct

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

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207. Is the machinery of the state which enforces the rules of
conduct necessary to protect life and property and to maintain 217. In cases committed by Public officer with salary grade 27
peace and order? and above in violation of Act 3019, R.A. 1379 or Art. 210 to 212
a. Criminal Justice System of the Revised Penal Code a complaint should first be filed to the
b. Criminology office of _______ for the conduct of the required preliminary
c. Criminal law investigation.
d. Criminal jurisprudence a. Ombudsman
b. Solicitor General
208. It is that degree of proof requires in criminal case which c. Judge of MTC
would convince a reasonable mind based on moral certainty but d. the President
which nevertheless does not preclude the possibility of error.
a. Preponderance of evidence 218. It is the authority of the court to try/hear cases for the first
b. Clear and convincing evidence time to the exclusion of other courts.
c. substantive evidence a. original jurisdiction
d. proof beyond reasonable doubt c. exclusive jurisdiction
b. appellate jurisdiction
209. The PNP is the law enforcement agency of the country which d. concurrent jurisdiction
is under the ________?
a. DOJ 219. The Lupon Tagapamayapa shall be composed of the Brgy.
b. DILG Chairman as Chairman of the Lupon and the Brgy. Secretary as
c. NAPOLCOM the Secretary of the Lupon and other members who shall be:
d. DSWD a. more than 10 but less than 20
b. not less than 10 but not more than 20
210. System of taking care of the custody, rehabilitation and c. more than 10
treatment of persons convicted of committing crime. d. less than 10
a. police
b. prosecution 220. When arrest may be made?
c. court a. At any time of the day and night
d. corrections b. At day time
c. At night time
211. Exclusive original jurisdiction over all offenses punishable d. from sun dust till dawn
with imprisonment not exceeding six years.
a. Supreme Court 221. This attached agency of the DOJ is tasked to provide free
c. RTC legal assistance to poor members of society:
b. Court of Appeals a. National Bureau of Investigation
d. MTC b. National Prosecution Service
c. Board of Pardons and Parole
212. Refers to that sector of society composed of NGO’s, cause d. Public Attorney’s Office
oriented groups and advocacy groups that promote the welfare of
the people against all forms of abuse and exploitation. 222. This is the power to apply the law to contests or disputes
a. crime control concerning legally recognized rights or duties between the state
b. political parties and private persons, or between individual litigants in cases
c. civil society properly brought before the judicial tribunal.
d. volunteer a. Judicial Power
b. Judicial Review
213. Directly under the supervision of the Department of Justice, c. Court
its most important function in the Criminal Justice System is to d. Court of Justice
maintain and recognize the rule of law through the speedy
delivery of services particularly in the prosecution and 223. It refers to the “court of last resort”.
investigation of all crimes. a. RTC
a. National Prosecution Service b. Sandiganbayan
b. PNP c. Supreme Court
c. Ombudsman d. MTC
d. Solicitor General
224. This court was created under RA 1125, as amended, which
214. What do you call a court covering two (2) or more has exclusive appellate jurisdiction to review on appeal decisions
municipalities? of the Commissioner of the Internal Revenue involving internal
a. MTC revenue taxes and decisions of the Commissioner of Customs
b. MeTC involving customs duties.
c. MCTC a. Court of Justice
d. MTC b. Court of Appeals
c. Sandiganbayan
215. An attached agency of the Office of the President tasked to d. Court of Tax Appeals
implement and undertake drug law enforcement.
a. Narcotics Command
b. AID-SOTF 225. This court has jurisdiction over crimes committed by high-
c. PDEA ranking public officials (with salary grade of 27 above), which can
d. NBI only be committed because of their position.
a. Court of Justice
216. During trial of a criminal case, it is the prosecutor who directs b. Court of Appeals
the prosecution of the offense and he/she did it on the behalf of c. Sandiganbayan
the state. Once a case is elevated to the higher court such as d. Court of Tax Appeals
Court of Appeals, who represents the State in the prosecution of
the offense? 226. It a writ order of the court bearing its seal and the signature
a. Chief State Prosecutor of the judge directing the jail or prison authorities to receive the
b. Solicitor General convicted offender for service of sentence.
c. National or provincial prosecutor a. Commitment Order
d. Judge b. Mittimus

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c. warrant of arrest 237.These are the rights given by the laws passed by the
d. habeas corpus legislative body.
A. Basic Rights
227. It is a form of motivation granted by the Director of Prisons B.Constitutional Rights
whereby a number of days are deducted from the length of years C.Natural Rights
that a prisoner has been sentenced to serve for his good conduct. D.Statutory Rights
a. Commutation of sentence
b. Parole 238.The ASEAN intergovernmental Commission on Human
c. GCTA Rights.[AICHR] was inaugurated by the ASEAN Leaders on.
d. reprieve A.December, 06 2005
B.October, 16 2008
228. Correctional institutions in the country is divided into National C.October, 23 2009
and Local institution. What Department of the Executive Branch D.December, 14 2007
is the one in charge of the National Penitentiary?
a. Bureau of Jail Management and Penology 239. .The ASEAN intergovernmental Commission on Human
b. Department of Justice Rights.[AICHR] was inaugurated by the ASEAN Leaders at the
c. Department of Interior and Local Government 15th ASEAN summit in what country?
d. Bureau of Correction A.Japan
B.Thailand
229. It is the suffering that is inflicted by the state for the C.Laos
transgression of the law. D.Korea
a. penalty
b. self-defense 240.The Association of Southeast Asian Nation[ASEAN] adopted
c. exemplarity the ASEAN Human Rights Declaration[AHRD} on.
d. punishment A.March 12 2013
B.December 06 2015
230. Government agency which renders services for Children in C.November 18 2012
Conflict with the Law. D.April 22 2010
a. DILG
b. DOJ 241.This refers to a migrant worker who retains his or her habitual
c. DSWD residence in a neighboring State.
d. DOH A.Seasonal Workers
B.Seafarer
231 .This includes the mandate on the commission to investigate C.Frontier Worker
cases of HUMAN RIGHT VIOLATION. D.Worker on an Offshore Installation
A.Human Rights Promotion services
B.Human Rights Protection Services 242. This refers to a migrant worker whose work by its character
C.Human Rights Violation Prevention Service is dependent on seasonal conditions and is performed only during
D.Human Rights Policy Advisory Services part of the year.
A.Seasonal Workers
232. This is where CHR exerts effort to increase the level of B.Seafarer
understanding and awareness of the people of their rights and C.Frontier Worker
obligation as a citizen. D.Worker on an Offshore Installation
A.Human Rights Promotion services
B.Human Rights Protection Services 243.This includes a fisherman,refers to a migrant worker
C.Human Rights Violation Prevention Service employed on board a vessel registered in a state of which he or
D.Human Rights Policy Advisory Services she is not a national.
A.Seasonal Workers
233.It is a platform of the CHR in voicing out their B.Seafarer
position,comments, and suggestions on matter relating to a C.Frontier Worker
different human right issues and advocacies. D.Worker on an Offshore Installation
A.Human Rights Promotion services
B.Human Rights Protection Services 244.This refers to a migrant worker employed on an offshore
C.Human Rights Violation Prevention Service under the jurisdiction of a state of which he or she is not a
D.Human Rights Policy Advisory Services national.
A.Seasonal Workers
234.There are the services provided by the CHR in preventing B.Seafarer
human right violation in areas that have a high rate of human C.Frontier Worker
rights abuse. D.Worker on an Offshore Installation
A.Human Rights Promotion services
B.Human Rights Protection Services 245.This refers to a migrant worker who,having his or her
C.Human Rights Violation Prevention Service habitual residence in one state ,has to travel to another state or
D.Human Rights Policy Advisory Services state for short periods.
A.Project-tied Worker
235.These are the rights that are innate and inalienable pertaining B.Specified-employment Worker
to all human persons and given to him by his/her Creator. C.Seafarer
A. Basic Rights D.Itinerant Worker
B.Constitutional Rights
C.Natural Rights 246.This refers to a migrant worker admitted to a State of
D.Statutory Rights employment for a defined period to work solely on a specific
project being carried out in that State by his or her employer.
236.These are the rights conferred upon the individual by the A.Project-tied Worker
Constitution and guaranteed by the same Constitution. B.Specified-employment Worker
A. Basic Rights C.Seafarer
B.Constitutional Rights D.Itinerant Worker
C.Natural Rights
D.Statutory Rights 247.This refers to a migrant worker.
A.Project-tied Worker

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B.Specified-employment Worker
C.Seafarer
D.Itinerant Worker

248.All people can freely determine their political status and


pursue their economic ,social and cultural determination.
A.Equality and Non-discrimination
B.Fair Trial Rights
C.Self-determination and Self-subsistence
D.All of the above

249. In Article 2,section 1 of ICCPR which state that each State


party undertakes to respect and to ensure to all individuals within
its territory and subject to its jurisdiction.
A.Equality and Non-discrimination
B.Fair Trial Rights
C.Self-determination and Self-subsistence
D.All of the above

250.It advocates fair trial rights ,as it states in Article 9 that no


one shall be subjected to arbitrary arrest or detension, and no one
shall be deprived of his liberty expect on such grounds and
accordance in procedure established by law.
A.Equality and Non-discrimination
B.Fair Trial Rights
C.Self-determination and Self-subsistence
D.All of the above

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