Criminal Law and Jurisprudence 2018 ASSESSMENT (ETEEAP)

1. Berto with evident premeditation and treachery killed his father. What was the crime committed?
A. Murder C. Homicide
B. Parricide D. Qualified Homicide

2. PO3 Bagsik entered the dwelling of Totoy against the latter's will on suspicion that Bitoy keep
unlicensed firearms.
A. Trespass to Dwelling C. Usurpation of Authority
B. Violation of Domicile  D. Forcible Trespassing

3. Charlie and Anna had been married for more than six months. They live together with the children of
Anna from her first husband. Charlie had sexual relationship with Jane that’s against her will, the 14
years old daughter of Anna. What was the crime committed by Charlie?
A. Corruption of Public Official C. Consented Abduction
B. Direct Assault D. Rape

4. Prof. Jose gave a failing grade to one of his student, Lito. When the two met the following day, Lito
slapped Prof. Jose on the face. What was the crime committed by Lito.
A. Corruption of Public Official C. Slight Physical Injuries
B. Direct Assault D. Grave Coercion

5. A warrant of arrest was issued against Fred for killing his parents. When PO2 Tapang tried to arrest
him. Fred gave him 1 million pesos to the set him free. PO2 Tapang refrained in arresting Fred. What was
the crime committed by PO2 Tapang?
A. Indirect Bribery C. Corruption of Public Officers
B. Direct Bribery D. Qualified Bribery 

6. Which of the following is the exemption to the hearsay rule made under the consciousness of an
impending death?
A. parol evidence   C. suicide note
B. ante mortem statement D. dying declaration

7. The following are Methods of Arrest, except?

A. Arrest by officer with a warrant C. Arrest by Private Person
B. Arrest by officer without a warrant D. Arrest by Public demand

8. It refers to the family history or descent transmitted from one generation to another.
A. inheritance C. pedigree
B. heritage D. culture

9. The authority of the court to take cognizance of the case in the first instance.
A. Appellate Jurisdiction C. Original Jurisdiction
B. General Jurisdiction D. Exclusive Jurisdiction

10. A person designated by the court to assist destitute litigants.

A. Counsel de officio C. Attorney at law
B. Attorney on record D. Special counsel

11. Which of the following is not covered by the Rules on Summary Procedure?
A. Violation of rental laws
B. Violation of traffic laws
C. The  penalty is more than six months of imprisonment
D. The penalty does not exceed six months imprisonment

12. It refers to a territorial unit where the power of the court is to be exercised.
A. jurisdiction C. venue
B. jurisprudence D. bench

13. The Anti- Bouncing Check law

A. RA 6425 C. BP. 22
B. RA 8353 D. RA 6975

14. The taking of another person's property, with intent to gain, by means of force and intimidation.
A. qualified theft C. theft
B. robbery D. malicious mischief

15. Felony committed when a person compels another by means of force, violence or intimidation to do
something against his will, whether right or wrong.
A. grave threat C. direct assault
B. grave coercion D. slander by deed

GEMINI CRIMINOLOGY ONLINE REVIEW AND TRAINING CENTER INC.,

16. These are person having no apparent means of subsistence but have the physical ability to work and
neglect to apply him to lawful calling.
A. Pimps C. gang member
B. prostitutes D. vagrants

17. A medley of discordant voices, a mock serenade of discordant noises designed to annoy and insult.
A. Tumultuous  C. sedition
B. charivari D. scandal
18. The unauthorized act of public officer who compels another person to change his residence.
A. violation of domicile C. expulsion
B. arbitrary detention D. direct assault 

19. The deprivation of liberty of another person committed by private person without legal grounds.
A. illegal detention C. forcible abduction
B. arbitrary detention D. forcible detention

20. An offense committed by a married woman through carnal knowledge with a man not her husband
who knows her to be married, although the marriage can be later declared void. 
A. concubine C. adultery
B. bigamy     D. immorality

21. Age of absolute irresponsibility in the commission of a crime,.

A. 15-18 years old   C. 9 years old and below
B. 18-70 year’s old D. between 9 and 15 years old

22. Those that, not being principals cooperate on the execution of the offense by previous or simultaneous
acts.
A. Accomplices C. principal actors
B. Suspects D. accessories

23. An act or omission which is a result of a misapprehension of facts that is voluntary but not intention.

A. Impossible crime C. Accidental crime

B. Mistake of facts D. Complex crime

24. A kind of executive clemency whereby the execution of penalty is suspended.

A. Pardon C. amnesty
B. commutation D. reprieve

25. Infraction of mere rule of convenience designed to secure a more orderly regulation of the affairs of the
society
A. mala prohibita C. private crimes
B. mala in se D. public crimes 

26. Felony committed by a public officer who agrees to commit an act inconsideration of a gift and this act
is connected with the discharge of hi public duties.
A. qualified bribery C. estafa
B. direct bribery D. indirect bribery

27. A method fixed by law for the apprehension and prosecution of persons alleged to have committed a
crime, and for their punishment in case of conviction.
A. Criminal Law C. Criminal Evidence
B. Criminal Procedure D. Criminal Jurisprudence

28. Deliberate planning of act before execution.

A. Treachery C. ignominy
B. evident premeditation D. cruelty

29. Whenever more than 3 armed malefactors shall have acted together in the commission of crime.
A. gang C. band
B. conspiracy D. piracy

30. The failure to perform a positive duty which one is bound to.
A. Negligence C. omission
B. imprudence D. act

31. Ways and means are employed for the purpose of trapping and capturing the law breaker in the
execution of his criminal plan.
A. Misfeasance C. inducement
B. entrapment D. instigation

32. When an offense has in fact been committed and the arresting person has probable cause to believe
based on personal knowledge of facts and circumstances that the person to be arrested has committed
it.
A. Doctrine of Hot Pursuit C. Arrest without warrant
B. In flagrante delecto arrest D. Arrest with warrant

GEMINI CRIMINOLOGY ONLINE REVIEW AND TRAINING CENTER INC.,

33. One of the following is an alternative circumstance.
A. insanity C. passion or obfuscation
B. intoxication D. evident premeditation

34. If the accused refuse to plead, or make condition plea of guilty, what shall be entered for him?
A. a plea of not guilty C. a plea of mercy
B. a plea of guilty D. a plea of surrender

35. At what time may the accused move to quash the complaint information?
A. at any time before his arrest C. any time before entering his plea
B. only after entering his plate D. Monday morning

36. The process whereby the accused and the prosecution in a criminal case work out a mutually
satisfactory.
A. Arraignment C. preliminary investigation
B. plea bargaining D. trial

37. The security given for the release of a person in custody, furnished by him or bondsman, condition
upon his appearance before any court as a required under the condition specified by law.
A. Subpoena C. bail
B. recognizance D. warrant

38. The examination before a competent tribunal, according to the laws of the land, of the acts in issue in
a case for the purpose of determining such issued.
A. Trial    C. pre-trial
B. Arraignment  D. judgment

39. The adjudication by the court that the accused is guilty of the offense charged, and the imposition of
the proper penalty and
A. trial C. Arraignment
B. Pre-trial D. Judgment

40. It is an injury or proceeding for the purpose of determining whether there is sufficient ground to
engender a well found belief that an offender is probably guilty therefor and should be held for trial.
A. pre-trial      C. preliminary investigation
B. arraignment D. plea bargaining

41. It is evidence of the same kind and to the same state of facts.
A. secondary evidence C. corroborative evidence
B. prime facie evidence D. best evidence

42. It is that which, standing alone, unexplained or un-contradicted is sufficient to maintain the
proposition affirmed.
A. secondary evidence C. corroborative evidence
B. prime facie evidence D. best evidence

43. A form of evidence supplied by written instrument or derived from conventional symbols, such as
letters, by which idea are represented on material substance.
A. document evidence C. material evidence
B. testimonial evidence D. real evidence

44. When the witness states that he did not see or know the occurrence of a fact.
A. positive evidence C. secondary evidence
B. corroborative evidence D. negative evidence

45. Personal property that can be subjects for search and seizure.
A. used or intended to be used as means in committing an offense
B. stolen or embezzled and other proceed or fruits of the offense
C. subject of the offense
D. all of the above

46. All persons who can perceiving can make known their perception to others.
A. suspect’s C. victim
B. witness D. informers

47. The unlawful destruction or the bringing forth prematurely, of human fetus before the natural time of
birth which means in death.
A. abortion    C. murder
B. infanticide D. parricide

48. Felony committed when a person is killed or wounded during the confusion attendant to a quarrel
among several people not organized into groups and the parties responsible cannot be ascertained.
A. alarm and scandal C. death under exceptional circumstances
B. mysterious homicide D. tumultuous affray

GEMINI CRIMINOLOGY ONLINE REVIEW AND TRAINING CENTER INC.,

49. A question which arises in a case the resolution of which is the logical antecedent of the issue
involved in said case and the cognizance of which pertains to another tribunal.
A. legal question C. prejudicial question
B. juridical question D. judicial question

50. The RPC was based on the __?

A. Spanish penal code C. American penal code
B. English penal code D. Japanese penal code

51. An act or omission which is a result of a misapprehension of facts that is voluntary but not
intentional.
A. impossible crime C. accidental crime
B. mistake crime D. complex crime

52. Infanticide is committed by killing a child not more than 

A. 36 hours C. 48 hours
B. 24 hours D. 72 hours

53. Ignorance of the law excuses no one from compliance therewith.

A. ignorantialegis non excusat C. res ipsa loquitur
B. parens patriae D. Dura lexsedlex

54. An act which would be an offense against persons or property if it was not for the inherent
impossibility of its accomplishment.
A. compound crime C. complex crime
B. impossible crime     D. accidental crime

55. Such facts and circumstances antecedent to the issuance of the warrant that in themselves is
sufficient to induce a cautious man to rely on them and act in pursuance thereof.
A. Probable cause C. Search Warrant
B. Warrantless arrest D. Lawful arrest

56. One who is deprived completely of reason of discernment and freedom of the will at the time of the
commission of the crime?
A. discernment C. epilepsy
B. insanity D. imbecility

57. The quality by which an act may be subscribed to a person as its owner or author.
A. responsibility C. guilt
B. duty D. imputability

58. Something that happen outside the sway of our will, and although it comes about through some act of
our will lies beyond the bound of humanity foreseeable consequence.
A. fortuitous event C. accident
B. fate D. destiny

59. A sworn written statement charging a person with an offense charged with the enforcement of the law
violated.
A. subpoena C. complaint
B. information D. writ

60. This right of the accused is founded on the principle of justice and is intended not to protect the guilty
but to prevent as far as human agencies can the conviction of an innocent person.
A. right of due process of law C. right to remain silent
B. presumption of innocence D. statutory laws

61. Known in other countries as the body of principle, practices, usages, and rules of action which are not
recognized in our country.
A. penal law      C. common law
B. special law    D. statutory law

62. Circumstance wherein there is an absence in the agent of the crime any or all the condition that
would make an act voluntary and hence, though there is no criminal liability but there is civil liability.
A. Exempting C. justifying
B. alternative D. aggravating

63. Circumstances wherein the acts of the person are in accordance with the law, and hence, he incurs
no criminal and civil liability.
A. exempting C. justifying
B. alternative D. aggravating

64. When the offender enjoys and delights in making his victim suffers awfully and gradually, causing
him unnecessary physical pain in the consummation of criminal act.
A. ignominy    C. treachery
B. cruelty D. masochism

GEMINI CRIMINOLOGY ONLINE REVIEW AND TRAINING CENTER INC.,

65. One, who at the time of his trial for one crime shall have been previously convicted by final judgment
of another time embraced in the same title of the Revised Penal Code.
A. Recidivism C. reiteration
B. habitual delinquency D. quasi-recidivism

66. Alevosia means

A. illness C. evident premeditation
B. treachery D. unacceptable behavior

67. The law hears before it condemns, proceeds upon inquiry and render judgment after a fair trial.
A. ex post facto law C. rule of law
B. equal protection of the law      D. due process of law

68. A person if within a period of 10 years from the date his release or last conviction of the crime of
serious or less serious physical injuries, robbery, theft, estafa or falsification, he is found guilty of any of
the said crimes a third time or oftener.
A. recidivist C. habitual delinquent
B. quasi-recidivist D. hardened criminal 

69. A kind of evidence which cannot be rebutted or overcome.

A. primary C. secondary
B. best      D. conclusive

70. The doctrine speaks of that illegally seized documents, papers, and things are inadmissible in
evidence. The exclusion of such evidence is the only practical means of enforcing the constitutional
injunction against unreasonable searches and seizures.
A. Doctrine of Poisonous Tree C. Competency
B. Doctrine of Relevancy D. Proof

71. These question suggest to the witness the answer to which an examining party requires.  
A. leading  C. stupid
B. misleading      D. hearsay

72. Facts having rational probative value are admissible unless some specific rule forbids their admission.
A. Axiom of Relevancy C. Negative Evidence
B. Axiom of Competency D. Axiom of Proof

73. The period of prescription of crime punishable by death.

A. 20 years C. 10 years
B. 15 years    D. 50 years

74. Persons who take direct part in the execution of a crime.

A. Accomplice C. Instigator
B. Accessories D. Principal

75.  A crime against honor which is committed by preforming any act which casts dishonor, discredit, or
contempt.
A. libel  C. incriminating innocent person
B. slander by deed D. intriguing against honor

76.  The improper performance of some act which might lawfully be done.
A. misfeasance C. nonfeasance
B. malfeasance      D. dereliction

77. A sworn statement in writing, made upon oath before an authorized magistrate or officer.
A. subpoena C. warrant
B. writ     D. affidavit

78. Any other name which person publicity applies to himself without authority of law.
A. alias C. fictitious name
B. common name    D. screen name

79. A special aggravating circumstances where a person, after having been convicted by final judgment,
shall commit a new felony before beginning to serve such sentence, or while serving the same.
A. quasi- recidivist C. reiteracion
B. recidivist D. charaviri

80. Which of the following is not a person in authority?

A. Municipal mayor C. Police officer
B. Private School Teacher D. Municipal Councilor

81. In its general sense, it is the raising of commotions or disturbance in the State.
A. Sedition    C. Treason
B. Rebellion D. Coup d' etat

GEMINI CRIMINOLOGY ONLINE REVIEW AND TRAINING CENTER INC.,

82. The length of validity of search warrant from its date.
A. 30 days C. 10 days
B. 15 days D. 60 days

83. None but facts having rational probative value are admissible.
A. Axiom of Relevancy C. Axiom of Competency
B. Conditional D. Curative

84. Evidence that is otherwise improper is admitted to contradict improper evidence presented or
introduced by the other party, to cure, contradict or neutralize such improper evidence.
A. Multiple C. Axiom
B. Conditional D. Curative

85. A building or structure, exclusively used for res and comfort.

A. sanctuary C. jail
B. prison D. dwelling

86. The mental capacity to understand the difference between right and wrong.
A. treachery C. recidivism
B. premeditation D. discernment

87. Conspiracy to commit this felony to punishable under the law.

A. Estafa C. Rebellion
B. Murder D. Rape

88. It means that the resulting injury is greater than that which is intended.
A. Aberratio ictus C. Dura LexSedlex
B. Errorin personae D. Praeter intentionem

89. Evidence appears to be immaterial is admitted by the court subject to the condition that its
connection with another fact subsequent to be proved will be established.
A. Conditional C. Curative
B. Multiple D. Conserved

90. A stage of execution when all the elements necessary for its execution and accomplishment are
present.
A. Attempted  C. Consummated
B. Frustrated D. Accomplish

91.  It is the duty of a party to provide evidence at any stage of the trial until he has established a prima
facie case, or the like duty of the adverse party to meet and overthrow that prima facie case thus
established.

A. Burden of Proof C. Burden of Evidence

B. Negative Evidence D. Direct Evidence

92. When the witness affirms that a fact did not or did not occur, it is entitled to greater weight since the
witness represents of his personal knowledge the presence of absence of a fact.
A. Positive Evidence C. Circumstantial Evidence
B. Negative Evidence D. Direct Evidence

93. DEGREE OF PROOF NECESSARY TO SATISFY THE BURDEN OF PROOF under Criminal Case:
Except?
A. During preliminary investigation C. To convict an accused
B. Issuance of Warrant of arrest D. Administrative Case

94. It is the cognizance of certain facts which judges may properly take and act upon without proof
because they are supposed to be known to them. It is based on considerations of expediency and
convenience. It displaces evidence, being equivalent to proof.
A. Judicial Notice C. Conclusively Presumed
B. judicially admitted D. Disputably Presumed

95. It is an admission, verbal or written, made by a party in the course of the proceedings in the same
case, which does not require proof
A. Judicial Notice C. ExtraJudicial Admission
B. Judicial Admission D. Judicial Clearance

96. It retains original and exclusive jurisdiction over all offenses committed on high seas of any registered
Philippine vessel.
A. International Courts C. Court of Appeals
B. Regional Trial Courts D. Supreme Court

GEMINI CRIMINOLOGY ONLINE REVIEW AND TRAINING CENTER INC.,

97. Kind of Evidence those that are readily identifiable (e.g. a bolo knife used to hack a victim which could
be identified by a witness in court)
A. Unique objects C. Object Evidence
B. Objects made unique D. Non-unique objects

98. The following are Exemptions of Evidence Rule, except.

A. When the original has been lost or destroyed, or cannot be produced in court, without bad faith
on the part of the offer or;
B. When the original is in the custody or under the control of the party against whom the evidence is
offered, and the latter fails to produce it after reasonable notice;
C. When the original consists of numerous accounts or other documents which cannot be examined
in court without great loss of time and the fact sought to be established from them is only the
general result of the whole;
D. 4. When the original is a public record in the custody of a public officer or is recorded in a public
office (Sec. 3)
E. The rule will come into play only “when the subject of inquiry is the contents of a
document.

99. Type of evidence which shows that better or primary evidence exists as to the proof of the fact in
question. It is the class of evidence that is relevant to the fact in issue, it being first shown that the
primary evidence of the fact is not obtainable. It performs the same functions as that of primary evidence.
A. Secondary evidence C. Real Evidence
B. Primary Evidence D. Object Evidence

100. the following are disqualified to be witnesses under the rules of Testimonial Evidence; except?
A. Disqualified by reason of mental incapacity or immaturity
B. Disqualified by reason of marriage
C. Disqualified by reason of death or insanity of adverse party
D. Disqualified on the ground of privileged communication
E. Disqualified by the reason of first degree relative

GEMINI CRIMINOLOGY ONLINE REVIEW AND TRAINING CENTER INC.,