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CLJ Exam

This document contains a trial exam for Criminal Jurisprudence, Procedure and Evidence. It consists of 28 multiple choice questions testing various concepts in criminal law such as crimes (e.g. murder, theft), circumstances affecting criminal liability (e.g. justifying circumstances), rules of procedure (e.g. arrest, preliminary investigation), and evidence (e.g. witness testimony, dying declarations). The questions cover the elements of crimes, applicable laws and procedures, and burdens of proof in criminal cases.

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Jeselyn Malaluan
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100% found this document useful (2 votes)
2K views53 pages

CLJ Exam

This document contains a trial exam for Criminal Jurisprudence, Procedure and Evidence. It consists of 28 multiple choice questions testing various concepts in criminal law such as crimes (e.g. murder, theft), circumstances affecting criminal liability (e.g. justifying circumstances), rules of procedure (e.g. arrest, preliminary investigation), and evidence (e.g. witness testimony, dying declarations). The questions cover the elements of crimes, applicable laws and procedures, and burdens of proof in criminal cases.

Uploaded by

Jeselyn Malaluan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 53

BATCH 10 BOARD EXAM TRIAL

Criminal Jurisprudence, Procedure and Evidence


Prepared by: Atty. Jay M. Ferraro

PART 1
d.

1. Berto, with evident premiditation killed his brother in law, exclusive jurisdiction
what was the crime committed?
a. murder 4. Jose selling a parcel of land who belongs to his sister without
b. parricide any authorization from the owner may be liable for; a. qualified
c. homicide theft
d. siblicide b. theft
c. malicious mischief
2. A warrant of arrest was issued against Fred for the killing of d. estafa
his parents. When PO2 Tapang tried to arrest him, Fred gave
him one million pesos to set him free. PO2 Tapang refrained in 5. An offense committed by a married woman through carnal
arresting Fred. What iss the crime committed by PO2 Tapang? knowledge with another woman who knew her to be married,
a. indirect bribery although the marriage can be later declared void. a. concubinage
b. direct bribery bribery b. adultery
c. corruption of public officials c. lesbianism
d. qualified bribery d. none of the foregoing

3. The authority of the court to take cognizance of the case in 6. An arrest may be made;
the first instance. a. at any day
a. appellate jurisdiction b. at any time
b. general jurisdiction c. any time of the day only
c. original jurisdiction d. any time of the day and night
7. In a homicide case, the person who inflicted the mortal accused did not understood the question and needs an
wound against the victim acted as; interpreter
a. principal d. the accused is not guilty.
b. principal by indispensable cooperation
c. principal by inducement 13. The police arrested the suspect for illegal drugs trade. They
d. principal by direct participation waited before a certain place and thereafter there was an
exchange of money between the policeman who acted as the
8. Which among the following is a leading question? a. buyer and the pusher who handed the shabu after the payment
who are you? was given. What transpired?
b. where are you? a. oplan galugad
c. what did you see? b. instigation
d. are you wearing a blue polo shirt? c. entrapment
d. double barrel operation
9. What felony is committed by a city mayor who ordered the
demolition of shanties and forced informal settlers out of a 14. Jimmy who before raping Jenny shot and drunk brandy to
private owned land? set his mood and arouse him sexually. What circumstance
a. coercion affecting criminal liability may be invoked?
b. abuse of authority a. mitigating
c. maltreatment b. exempting
d. expulsion c. aggravating
d. justifying
10. Manny Nise testifying under oath that he saw his neighbor
Malay Co shot and killed Pol Duling to hide the real fact that he 15. Who may conduct the preliminary investigation for an
actually killed the victim. Manny may be charged with; a. alleged plunder case against the vice president Jomar Nognog?
homicide a. the public prosecutor
b. murder b. the secretary of justice
c. obstruction of justice c. the solicitor general
d. perjury d. the ombudsman

11. A careful and deliberately outlined plan before commission 16. When the witness testified in open court that he did not
of a criminal act. know or seen the occurrence of the crime.
a. treachery a. negative evidence
b. deceit b. positive evidence
c. deliberate intent c. corroborative evidence
d. evident premeditation d. testimonial evidence

12. During arraignment the suspect was quiet and did not enter 17. An ordinary witness may testify and give opinion on the
any plea when asked if is he quilty; the court then would take it following, except;
to mean; a. the identity of a person whom he has sufficient familiarity. b.
a. the accused is speechless and surprised the sanity of a person whom he has sufficient familiarity.
b. the accused is guilty for he is reluctant to answer c. the

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c. the sexual preference of a person whom he has
sufficient familiarity.
d. the handwriting of a person whom he has sufficient
familiarity.

18. The following are required abilities of a witness, which one


is not?
a. capacity of observation
b. capacity of recognition
c. capacity of recollection
d. capacity of communication

19. Jenny killing her own son whose age is less than three
years old.
a. parricide
b. murder
c. homicide
d. infanticide 24. The quantum of evidence required to convict a person
charged with an administrative offense.
Note: Infanticide ang sagot kung less than 3 days or less than a. proof beyond reasonable doubt
72 hours regardless of the relationship. b. probable cause
c. substantial evidence
20. In this circumstance affecting criminal liability, there is a d. preponderance of evidence
crime but there is no criminal.
a. justifying 25. A is 20 years of age; B 15, C 21; and D 40 were the last
b. exempting remaining passengers of a ship which sunk. Their bodies have
c. mitigating not yet been recovered. For purposes of succession who is
d. alternating deemed to have survived?
a. A
21. In an alleged bigamy, the accused claimed and argued that b. B
his first marriage is void ab initio, this would give rise to; a. c. C
judicial notice d. D
b. interlocutory order
c. prejudicial question 26. The following are requisites of a dying declaration except: a.
d. double jeopardy the consciousness of an impending death on the part of
declarant
22. Mark in his desire to kill John bought a substance which he b. the declarant would be have been a competent witness had
thought was poison. He placed the substance in John’s drink he survived
and was unsuccessful to kill the latter since he later on found c. the declaration is against the declarant’s interest d. the
out that the poison is actually salt mixed with sugar. Mark may declaration must relate to the facts pertaining to the fatal injury
be liable for;
a. attempted homicide 27. In criminal cases, decision or verdict of an acquittal would
b. attempted murder mean;
c. administration of injurious substance a. the trial is suspended
d. impossible crime b. the accused won the appeal
c. the prosecution failed to prove guilt of the accused d.
23. A was charged and convicted with estafa. Within a period of the decision of the trial court is revered
10 years after serving his sentence, he was charged with
robbery. Legally, we can classify A as; 28. Joseph owes Roman 5,000 pesos, to settle the debt Roman
a. delinquent told Joseph to give him his cell phone to compensate and serve
b. habitual delinquent as payment in which the debtor agreed. Is Ramon criminally
c. recidivist liable?
d. quasi-recidivist a. yes, for light coercion
b. yes, for unjust vexation
c. no 33. For common reputation can be cited the matter must be of
d. it depends public or general interest more than ______ years old. a. 20
b. 30
29. Which among the following justifying circumstances where c. 40
one may be exempt from criminal liability but civil liability is d. 50
assumed by the ones who benefited? a. defense of a stranger
b. defense of a relative 34. Which among the following is not a generic aggravating
c. fulfillment of a duty of office circumstance?
d. state of necessity a. dwelling
b. evident premeditation
30. When the offender enjoys and delights in making his victim c. recidivism
suffers slowly and gradually, causing him unnecessary physical d. nighttime
pain in the consummation of the criminal act. a. ignominy
b. cruelty 35. Treachery a willful and deliberate betrayal of trust or
c. treachery confidence is alleged only in which offenses?
d. deliberate intent a. crime against persons
b. crimes against chastity
31. Pedro, a 19-year-old man had sexual intercourse with her c. crimes against property
11-year-old girlfrend without threat, force or intimidation. What d. any of the foregoing
is the crime committed?
a. date rape 36. Any devise which is used to conceal identity? a.
b. child rape craft
c. statutory rape b. fraud
d. qualified seduction c. disguise
d. deceit
32. What is the duty of the arresting officer in case a fugitive
from justice was arrested? 37. Which among the foregoing is not an example of
a. bring the person arrested to court imprudence?
b. bring the person arrested to the nearest police station c. a. driving without formal schooling
bring the person arrested to the nearest jail
d. either b and c

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b. driving under the influence of liquor
c. driving recklessly
d. driving without a license

38. When is bail a matter of discretion?

a. when the evidence if guilt is strong


b. when the offense charged is capital
c. voluntary surrender of the accused
d. none of the foregoing.

39. The common element for theft and robbery is; a.


intent to gain
b. taking of personal property
c. the personal property belongs to another
d. all of the foregoing
40. Which of the following is always exempted from criminal 45. Additional evidence of a different character and kind tending
liability? to prove the same point.
a. feebleminded a. collaborative evidence
b. imbecile b. relevant evidence
c. insane c. corroborative evidence
d. moron d. material evidence

41. Which among the following is not a requisite of evident 46. In impossible crimes, it may be only be committed by
premeditation and therefore should not be appreciated? a. one performance of an offence against;
day meditation/reflection and offered reward to killer. b. a. persons and property
sudden outburst of anger b. property and chastity
c. sufficient interval of time between crime was conceived and c. persons and chastity
actual perpetuation d. any of these
d. time when offender planned to commit the offense
47. The interruption or disturbance committed by more than
42. Which of these is not a requisite ‘avoidance of greater evil three armed persons and provided with a means of violence. a.
or injury’? charivari
a. that the injury feared be greater than the injury done to b. band
avoid it c. tumultuous affray
b. that means to avoid the injury is lawful c. that the evil d. treachery
sought to be avoided actually exists d. that there be no practical
or less harmful means of preventing it 48. The power hear and decide a case is determined by; a.
the place where the crime was committed
43. If Liela slapped Dogong’s face in front of a lot of people to b. the nationality of the offender
humiliate in a party, what crime did Liela commit? a. unjust c. degree of the penalty
vexation d. all of these
b. slander by deed
c. physical injury 49. A decision of a superior court which sides with the
d. malicious mischief correctness of a decision made by lower court. a. reversal
b. affirmation
44. X threatened to kill Y if the latter will not give him one c. dissenting
thousand pesos. What crime has been committed by X? a. d. concurring opinion
attempted murder
b. kidnapping for ransom 50. What must be filed before the court to institute criminal
c. grave coercion action in a case of adultery?
d. grave threats a. preliminary investigation
b. inquest b. prospectivity
c. information c. generality
d. complaint d. uniformity

51. A procedural device used prior to trial for the purpose of 55. Leo having lived with Ana as common law husband and
narrowing issues to be part and secure stipulations as to wife, decided to marry his longtime friend Rose. What crime
matters of evidence to be heard. was committed?
a. arraignment a. concubinage
b. pre-trial b. adultery
c. plea bargaining c. bigamy
d. inquest d. none of these

52. May the opinion of an ordinary witness be allowed by the 56. Joric using a .45 caliber firearm shot at Jimmy six times
court in the trial? without hitting him. What stage in the execution of the felony
a. yes was reached?
b. no -as a General rule a. attempted
c. maybe b. frustrated
d. it depends c. consummated
d. none of these
Note: Pag di specific ang tanong isagot mo ang general rule
57. The following are requisites of trial in absentia; except a.
53. In a sinking ship where the passengers are as follows; Mark the accused has been arraigned
14 years old, Matthew 61 years old, Peter 23 years old and b. the accused has been notified of the trial
Mary 23 years old who is deemed to have survived? a. Mark c. the accused failure to appear is unjustified
b. Matthew d. the accused informed the court of his non attendance
c. Peter to the bearing
d. Mary
58. When shall documentary and object evidence be offered in
54. A characteristic of criminal law which prescribes who are court?
bound to follow it. a. before the presentation of a party’s testimonial evidence b.
a. territoriality during the presentation of a party’s testimonial evidence

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c. after the presentation of a party’s testimonial
evidence
d. any of the foregoing

59. The amount of relevant evidence which a reasonable mind


might accept as adequate to justify a conclusion. a. proof
beyond reasonable doubt
b. substantial evidence
c. preponderance of evidence
d. sufficiency of evidence

60. Equivalent to threatened assault or assault of an imminent


and immediate kind, the act must be unjustified and sufficient
to imperil one’s life and limb or right.
a. sufficient provocation
b. alevosia
c. evident premeditation
66.
Who
may
be
guilty
of

d. unlawful aggression malversation?


a. private persons in conspiracy with public officers guilty of
61. A permissive rule in which crimes are triable in that country malversation.
unless they merely affect things within the vessel or they b. those who are accessories or accomplices of pubic officers. c.
pertain to the internal management thereof. a. French Rule custodians of the public funds in property or public capacity d.
b. Spanish Rule any of the foregoing
c. English Rule
d. American Rule 67. Which among the following is considered a war crime? a.
rebellion
62. The following are male in se offenses, except; a. b. coup d’ etat
theft c. treason
b. rape d. sedition
c. illegal possession of drugs
d. murder 68. A document issued by a public in the exercise of the
functions of his office.
63. Which among the foregoing may relieve the accused of the a. public document
criminal liability? b. commercial document
a. mistake in identity c. private document
b. mistake in the blow d. any of these
c. mistake of fact
d. imprudence 69. Whenever a person is under a compulsion of irresistible
force or uncontrollable fear to do an act against his will in which
64. Who among the following may not be considered as a that act produces a crime or offense, such person is exempted
principal? in any criminal liability arising from said act.
a. Jane stabbing Anne a. Actus non facit reum, nisi mens sit rea
b. Flor commanding Larry to kill Jimmy b. Doctrine of Pro Reo
c. Joric who gave the design and planned the bank robbery d. c. Nullum crimen nulla poena sine lege
Ernest helping Robert to rape Erika d. Actus me invito factus non est meus actus

65. A preliminary investigation is required when the offense is 70. Which among the following violations under special penal
punishable by imprisonment of; laws is/are considered malum/mala in se?
a. at least 6 years a. Piracy in Philippine waters (P.D. 532)
b. at least 3 years b. Brigandage in the highways (P.D. 532)
c. 4 years 2 months 1 day c. Plunder (R.A. 7080)
d. at least 4 years 2 months and 1 day d. All of the above
71. Which among the following crimes cannot be committed forgiveness in favor of B and on that condition, he withdrew the
through culpa? complaint that he filed against B. After so many weeks of
a. Treason treatment in a clinic, the doctor pronounced the wound already
b. Robbery healed. Thereafter, A went back to his farm. Two months later,
c. Malicious Mischief A came home and he was chilling. Before midnight, he died out
d. All of the above of tetanus poisoning. The heirs of A filed a case of homicide
against B. Is B liable?
Note: Culpa is a spanish term which means fault a. Yes
b. No
72. In aberratio ictus, how many persons are involved? a. c. It depends
2 d. Maybe
b. 3
c. 4 75. B, a collector of Foam failed to remit the company a check
d. 5 which was given to him as payment for a merchandise. She
Note: Aberratio ictus means “mistake in the blow” (iba ang tried to deposit the check, but he found out that the check
tinamaan) bounced. What crime was committed
a. Forgery
73. A and B are crew members of cargo vessel. They had a b. Impossible crime of theft
heated argument. A with a big knife in hand threatened to kill B. c. Theft
The victim B, believing himself to be in immediate peril, threw d. Impossible crime of forgery
himself into the water. B died of drowning. In this case, A is
liable for: 76. A unlawfully attacked B with a knife. B then took out his gun
a. Murder which caused A to run away. B, after treating his wounds,
b. Homicide pursued A and shot him which caused his death. Is B liable? a.
c. Grave Threat Yes, for homicide
d. Grave Threat with Homicide b. Yes, for murder
c. No, on the ground of self-defense
74. B and A had a quarrel and started hacking each other. A d. No, on the ground of accident
was wounded at the back. Cooler heads intervened and they
were separated. Somehow, their differences were patched up. B 77. When a person is prevented by some lawful or insuperable
agreed to shoulder all the expenses for the treatment of the cause, the basis for the exemption from criminal liability is: a.
wound of A and to pay him also whatever lost of income A may Lack of Intelligence
have failed to receive. A, on the other hand, signed a b. Lack of Freedom

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c. Lack of Criminal Intent
d. All of the above

78. Which among the following is considered as the passive


subject in the commission of a crime?
a. the criminal
b. the injured party
c. the corpses
d. animals

79. When some offenders in the crime are principals and the
others are accomplices, this talks about:
a. Individual criminal responsibility
b. Quasi-collective criminal responsibility c.
Collective criminal responsibility
d. All of the above
80. A confided to her friend B that her marital life had been Later, he was arrested in Manila. What crime did H
miserable because she married an irresponsible and commit?
philandering husband. B remarked: “A husband like that a. Evasion of service of sentence
deserves to be killed.” A killed her husband. Is B liable? b. Other cases of evasion
a. Yes, as a principal by inducement c. Trespassing
b. Yes, as a principal by indispensable cooperation c. d. None since he was not doing any criminal act
No
d. Yes, as principal by direct participation 84. Assuming he had committed a crime, where should H be
prosecuted?
81. The three-fold rule applies if a convict has to serve at least a. Manila only
____ sentences, continuously. b. Dagupan City only
a. 3 c. Either Manila or Dagupan City
b. 4 d. Both in Manila and Dagupan City
c.5
d. 6 85., B, a Municipal Treasurer who, in good faith, paid out public
funds persons in accordance with the resolution of the Municipal
82. All crimes against national security can only be committed in Council but the payments were turned out to be in violation of
times of war, except: the law. Is there criminal liability?
a. Espionage a. Yes for malversation
b. Treason b. Yes for technical malversation
c. Misprision of Treason c. Yes for Fraud against the treasury
d. Conspiracy and Proposal to Commit Treason d. No
86. H, a policeman, had slight fever and decided to go home
The following can be committed in times of peace: (1) early. However, he was shocked and enraged when, after
Espionage (Art 117) - This is also covered by Commonwealth opening the door of his bedroom, he saw his brother, C
Act No. 616 which punishes conspiracy to commit espionage. completely naked having sexual intercourse with his wife, W. H
(2) Inciting to War or Giving Motives for Reprisals (Art inflicted less serious physical injuries upon W. Is H criminally
118) - This can be committed even if the Philippines is not a liable?
participant. a. Yes, he will be penalized with destierro under Article 247 RPC
(3) Violation of Neutrality (Art. 119) - The Philippines is not b. Yes for less serious physical injury only
a party to an on-going war. c. Yes for maltreatment
d. No criminal liability
83. H killed his wife W under exceptional circumstances and was
sentenced by the RTC of Dagupan City to suffer the penalty of 87. If the offender used an unlicensed firearm in committing
destierro during which he was not to enter the city. While murder or homicide, what is the effect of the same? a. It will be
serving sentence. H went to Dagupan City to visit his mother. considered as qualified illegal possession of firearms
b. The use of unlicensed firearm is a separate crime c. It will
be considered as a mere aggravating circumstance d. All of the above
d. None of the above
92. If a Complaint or information is filed with the MTC and it
88. B fired a gun at the house of the offended party, not involves an offense which does not require preliminary
knowing in what part of the house the people were is: a. investigation, judge may issue _______ instead of a warrant of
Discharge of Firearm arrest if he is satisfied that there is no necessity for placing the
b. Alarms and Scandals accused under custody.
c. Attempted Homicide a. subpoena
d. Both a and b b. invitation
c. summons
89. If the offender discharges the firearm at a person to d. commitment order
intimidate only, however, the bullet hits the vital organ of the
victim that resulted to his death, the crime committed is: a. 93. In case there is a petition for review of the resolution of the
Discharge of Firearm prosecutor which is pending at either the DOJ, or of the Office
b. Homicide of the President. The period of suspension shall not exceed
c. Alarms and Scandal ____ days counted from the filing of the petition with the
d. both a and B reviewing office.
a. 15 days
90. Cases falling within the jurisdiction of the RTC are always b. 30 days
commenced by _______ filed by the prosecutor. a. Complaint c. 60 days
b. Information d. 90 days
c. Resolution
d. Affidavit 94. The accused may move to quash the complaint or
information on any of the grounds under Section 3, Rule 117 in
91. Which among the following are matters within the control of relation to Section 1 of the same rule at any time before ____.
the Court after the case is filed? a. the prosecution rests its case
a. Suspension of arraignment b. arraignment
b. Reinvestigation c. issuance of warrant of arrest
c. Prosecution by the fiscal d. promulgation of judgment

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95. A nolle prosequi is initiated by the _____.
a. Accused
b. Court
c. Prosecutor
d. Either a or c

96. In a criminal proceeding, when is the presence of the


accused not required?
a. During arraignment
b. Promulgation of judgment except when the conviction is for a
light offense, in which case, it may be pronounced in the
presence of his counsel or a representative
c. When ordered by the court for purposes of identification d.
Proceedings or to the entry and promulgation of the
judgments before the CA and SC
2.

97. What is the time bar rule for offenses punishable by As a general rule, at what time may the accused move to quash
imprisonment not exceeding 6 years? the complaint or information?
a. 1 year a. at any time before his arrest
b. 2 years b. only after entering his plea
c. 5 years c. any time before entering his plea
d. 6 years d. Monday morning

98. The physical taking of a thing into custody. a. 3. The examination before a competent tribunal, according to
arrest the laws of the land, of the acts in issue in a case, for the
b. seizure purpose of determining such issue.
c. search a. Trial
d. confiscation b. Arraignment
c. pre-trial
99. In abuses against chastity, the mother of a person under d. Judgment
the custody of any public officer is not included as a possible
offended party but the offender may be prosecuted under: a. 4. The RPC was based on the _______________. a.
R.A. 9262 Spanish Penal Code
b. R.A. 3019 b. English Penal Code
c. R.A. 9745 c. American Penal Code
d. R.A. 8353 d. Japanese Penal Code

100. Rules on the Use of Body-Worn Cameras in the Execution 5.The law which reimposed the death penalty.
of Warrants. a. RA 5425
a. A.M. No. 21-06-08-SC b. RA 8553
b. A.M. No. 21-08-06-SC c. RA 7659
c. A.M. No. 21-60-08-SC d. RA 8551
d. A.M. No. 21-06-80-SC
6. This right of the accused is founded on the principle of justice
PART 2 and is intended not to protect the guilty but to prevent as far as
1. One of the following is considered as an alternative human agencies the conviction of an innocent person.
circumstance. a. right to due process of law
a. insanity b. presumption of innocence
b. intoxication c. right to remain silent
c. passion or obfuscation d. right against self-incrimination
d. evident premeditation
7. The Revised Rules on Evidence took effect on _______. a.
May 1, 2019 12. The Revised Rules on Evidence.
b. May 1, 2020 a. A.M. No. 19-08-15-SC
c. April 1, 2021 b. A.M. No. 19-80-15-SC
d. April 1, 2021 c. A.M. No. 19-80-51-SC
d. A.M. No. 19-08-51-SC
8. One, who at the time of his trial for one crime shall have
been previously convicted by final judgment of another crime 13. Civil liability arising from the offense charged is deemed
embraced in the same title of the Revised Penal Code. a. instituted upon the filing of criminal action in court as provided
recidivism by Rule 111 of Rules of Court. In what instance/s can a civil
b. habitual delinquency action for recovery of civil liability be separated?
c. reiteracion a. When the offended party waives the civil action; b. When the
d. quasi-recidivism offended party reserves his right to institute the civil action;
c. When the institution of the civil action is made prior to the
9. Alevosia means criminal action.
a. Craft d. all of the choices
b. treachery
c. evident premeditation 14. The following are the elements of Piracy, EXCEPT: a. A
d. cruelty vessel is on the high seas or in Philippine waters; b. The
offenders are not members of its complement or passengers of
10. The law which hears before it condemns, proceeds upon the vessel;
inquiry and renders judgment only after a fair trial. a. ex post c. That the offender resists to a superior officer; d. The
facto law offenders either attack or seize the vessel or seize the whole or
b. equal protection of the law part of the cargo of said vessel, its equipment or personal
c. rule of law belonging of its complement or passengers.
d. due process of law
15. Alexander G. Gesmundo is the ___ Chief Justice of the
11. The period of prescription of crimes punishable by death A. Supreme Court.
20 years a. 25th
B. 15 years b. 26th
C.10 years c. 27th
D.40 years d. 28th

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16. Anthony while under the influence of liquor fired a gun in
the air to proclaim to the people that he is celebrating his
birthday. Such act constitutes ___?
a. illegal discharge of firearm
b. alarms & scandal
c. disturbances
d. Outcry

17. The following are elements of impossible crime, EXCEPT:


a.That the act performed would be an offense against persons
or property.
b.That the act was done with evil intent
c.That its accomplishment is inherently impossible, or that the
means employed is either inadequate or ineffectual. d.That the
act does not constitute a crime of negligence or
imprudence.
d.

18.Whenever a court has knowledge of any act which it may attempted homicide
deem proper to repress and which is not punishable by law, it
shall: 22. In so far as Caloy is concerned the crime committed is: A.
a.Render the proper decision, and shall report to the Murder
Chief Executive, through the Department of Justice B. Homicide
b.Dismiss the case and shall report to the Chief Executive, C. Frustrated Homicide
through the Department of Justice. D. Attempted Homicide
c.Render the proper decision, and shall report to the Chief
Justice of the Supreme Court. 23.The following are exempted from criminal liability, EXCEPT:
d.Dismiss the case and shall report to the Chief Justice of the A. Children 15 years of age below
Supreme Court. B. Insane persons or Imbecile persons
C. Children over 15 but under 18 who acted with
19. Benny was charged before the court. During the pendency discernment
of his trial he died. What would be the effect of his death on the D. Children over 15 but under 18 who acted without
case involved and on his criminal liability? discernment
a. The criminal case will be dismissed ad his criminal
liability is extinguished. 24. When the terms of an agreement have been reduced to
b. The criminal case will proceed and his criminal liability is not writing, it is considered as containing all the terms agreed upon
extinguished. and there can be, as between the parties and their
c. The criminal case will be archived to wait for his resurrection. successors in interest, no evidence of such terms other than the
d. Actually there will be no effect at all because his relatives will contents of the written agreement.
be the one to face trial and punished in case of his conviction. A. Original Document Rule
b. Best Evidence Rule
20. The law which prohibits the imposition of the death penalty. c. Parol Evidence Rule
a. RA 6981 d. Equipoise Rule
b. P.D. 968
c. R.A. 9346 25. A person licensed to practice medicine engaged in the
d. R.A. 4103 diagnosis or treatment of a mental or emotional condition. a.
psychologist
21. Ador and Billy had a quarrel. Ador boxed Billy. Ador told b. psychiatrist
Billy, “I will kill you this week”. Ador bought a firearm. On c. psychotherapist
Friday, he waited for Billy and shot him but killed Caloy instead. d. all of the above
In so far as Billy is concerned, the crime committed by Ador is:
a. attempted murder 26. Through kickbacks, percentages or commissions and other
b. frustrated murder fraudulent schemes/conveyances and taking advantage of his
c. illegal discharge of firearm position, A, a former mayor of a suburban town, acquired assets
amounting to 10 billion pesos which is grossly disproportionate
to his lawful income. Due to his influence and connections and D. Infidelity in the custody of prisoners
despite knowledge by the authorities of his ill-gotten wealth, he
was charged with the crime of plunder only after 20 years from 29. Relevancy is one of the requisites for admissibility of
his defeat in the last elections he participated in. Which among evidence which means that evidence must have such a relation
the following statements is correct? to the fact in issue as to induce belief in its existence or non-
a. A is not criminally liable but the State can still recover existence. The other requisite is ____________?
the properties and assets he illegally acquired. b. A is not A. That it should not be excluded by law.
criminally liable but the State can no longer recover the B. That it is material to the facts in issue
properties and assets he illegally acquired. C. That it is credible
c. A is criminally liable and thus, the State can still recover the D. That it is the best evidence
properties and assets he illegally acquired.
d. A is criminally liable but the State can no longer recover the 30. As a rule all persons who can perceive and perceiving, can
properties and assets he illegally acquired. make known their perception to others can be witnesses. Which
of the following shall not be a ground for disqualification?
27. After the prosecution rests its case, the case can be A. Religious and political belief
dismissed due to insufficiency of evidence by: B. Interest in the outcome of the case
A. The courts own initiative C. Conviction of a crime unless otherwise provided by law D.
B. By the accused through his counsel by demurrer to evidence All of the choices
C. By the prosecution on its own initiative
D. Both a and b 31. W, a young housewife, and K, her paramour, conspired to
kill H, her husband to whom she was lawfully married. W and K
28. A public officer or a warden who solicits or makes immoral bought pancit palabok and mixed it with poison. W, gave the
or indecent advances to a woman who is under his custody or food with poison to H, but before the latter could eat it, F, her
wife or daughter of the person under his custody shall be liable illegitimate father, and S, her legitimate son, arrived. H, F and S
for: shared the food in the presence of W who merely watched them
A. Acts of lasciviousness eating. They died because of having partaken of the poisoned
B. Abuses against Chastity food. What crime was committed by W in relation to the death
C. Indirect Bribery of H?
a. parricide

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b. homicide A. not admissible in evidence against the accused who
c. infanticide
d. murder

32. An offer of
compromise is
considered not an
admission of any
liability and is not
admissible in
evidence against
the offeror in the
following case,
EXCEPT.
A. In civil cases
B. Those arising
from criminal
negligence
C. An offer to pay
or the payment of
medical, hospital or
other expenses
occasioned by an
injury.
D. In criminal
cases

33. A plea of guilty


later withdrawn, or
an unaccepted offer
of a plea of guilty
to a lesser offense
is_____?

made the plea of offer.


B. admissible in evidence against the accused who made the
plea of offer
C. shall not be considered an plea act.
D. will be considered a plea of not guilty a. formal crimes
b. informal felonies
34. When the complaint is vague, the accused may file a motion c. informal crimes
alleging among others the defect of the complaint or d. material crimes
information and the details desired in order to enable him to
properly answer and prepare for trial. This motion is known as: 43. It is a punishment whereby a convict is banished to a
A. motion for bill of particulars certain place and is prohibited from entering or coming near
B. motion for clarification that place designated in the sentence, not less than 25
C. motion to dismiss kilometers but not to extend beyond 250 kilometers.
D. motion for postponement A. Transportation
B. Deportation
35. Upon motion of the proper party, arraignment shall be C. Destierro
suspended on the following grounds: D. Extradition
A. The accused appears to be suffering from unsound mental
condition. 44. Other acts constituting the crime of espionage are
B. There exists a prejudicial question. punishable under
C. A petition for review of the resolution of the prosecutor is A. BP No. 616
pending either at the DOJ or office of the President . D. All of B. PD No. 616
the choices C. CA No. 616
D. RA No. 616
36. Under Rule 115 of the Rules of Court, an accused cannot be
compelled to be a witness against himself. This principle also 45. How penal laws are construed when the law is vague? A.
known as: Liberally in favor of the government
A. right against illegal arrest B. Liberally in favor of the offended party
B. the right to be presumed innocent C. Liberally in favor of the accused
C. right against self- incrimination D. Liberally in favor of the innocent
D. right to live
46.Literally, “friends of the court” are experienced and
37. The rules of evidence shall be _____, except as otherwise impartial legal luminaries who may be invited by the court to
provided by law or these rules. appear as ______.
A. the same in all courts and in all trials and hearings B. A. Champertous contract
not the same in all courts and in all trials and hearings C. B. Amici curiae -plural
dependent on the type of case involved C. Amicus curiae -singular
D. absolutely the same in all courts and in all trials and hearings D. Ambulance chasing

38. Evidence that is directly addressed to the senses of the 47. The reading of the decision of the court convicting the
court. accused appears to be not based on evidence on record or
A. Real or Object applicable law. What remedy should the court do in the hope
B. Testimonial that the court may reverse its decision?
C. Documentary A. File a Motion for Reconsideration
D. Direct B. File a Petition for Review
C. File a Motion for New Trial
39. The Revised Penal Code serves as the primary source of D. File a Petition for Certiorari
criminal laws in the Philippines. It was approved on? A. January
1, 1923 48. There is a war in which the Philippines is involved, Albert,
B. January 1, 1932 Baldo and Conor conspired to commit treason, Albert went to a
C. December 8, 1930 friend named Marlon and told him about the conspiracy. Marlon
D. January 1, 1933 despite knowledge failed to disclose it to the proper authority.
What crime was committed by Marlon?
40. By Principles of Public International Law, the following enjoy A. Treason
immunity from the application of the Philippine Criminal law, B. Espionage
EXCEPT: C. Misprision of Treason
A.Consul D. Violation of Neutrality
B.Heads of State
C.Ambassador 49. When in the course of committing the crime of piracy by
D.Ministers Plenepotentiaries Allan and Budoy. Budoy with lewd design touched the private
parts of a passenger Caren. Is Budoy liable in this case? A. Yes
41. The following are causes which would produce criminal for Qualified Piracy
liability though the result be different from what is intended, B. Yes for Piracy
EXCEPT: C. Yes for Piracy and Acts of Lasciviousness D.
a. Abberatio Ictus Yes for Acts of Lasciviousness
b. Error in Personae
c. Preater intentionem 50. Contempt committed in the presence of or so near a court
d. Ignorantia Facti or judge as to obstruct or interrupt proceedings before it. a.
contempt
42. Refers to crimes consummated in one instant or by a single b. direct contempt

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c. indirect contempt c. No, since only the Fiscal conducts a preliminary Investigation
d. disobedience d. No, he should have waived Art. 125, RPC and requested for a
preliminary investigation before the filing of an Information
51. A was arrested without a warrant of arrest for allegedly
killing B. Subsequently an inquest proceeding was conducted 52. Demurrer to Evidence is available on what ground? a.
and an Information was filed in the Regional Trial Court. Can A insufficiency of evidence
still avail of a preliminary investigation?
a. Yes, within 5 days from the filing of an information b. Yes,
within 5 days from the time he learned of the filing of an
Information
B. Yes,
for
Grave

b. failure to charge an offense Coercion


c. evidence of guilt is strong C. Yes, for Grave Threats
d. prescription of the crime D. No because there was no crime committed

53. The government is at war with China. The Philippine 57. If in the same problem, if under investigation, Noli was
government did not prohibit correspondence to China. Mario forced to confess on the crime of cellphone snatching but he
has a pen pal in China named Fookien and out of love sent her insists he would not want to confess. After 2 hours, the police
a letter saying “I love you, I miss you, tsup tsup, mwah officers gave up and released him. Are the police officers liable?
mwah!!” Is Mario criminally liable? A. Yes, for Arbitrary Detention
A. Yes, for Correspondence with Hostile Country B. B. Yes, for Grave Coercion
Yes, for Violation of Neutrality C. Yes, for Grave Threats
C. Yes, for Inciting to War or Giving Motives for Reprisals D. D. No because there was no crime committed
No, as there was no crime committed
58. Mayor Christian was officiating a Kasalang Bayan. Richard
54. Mutiny is akin to what crime? went at the back of Mayor Christian and shot him at the back
A. Coup d’etat using a firearm. Mayor Christian died. What crime was
B. Sedition committed by Richard?
C. Rebellion A. Direct Assault
D. Direct Assault B. Direct Assault with Murder
C. Qualified Direct Assault with Murder
55. MV Victoria is a Philippine vessel located in the high seas. D. Qualified Direct Assault
Passengers A, B, C and D took some personal belongings of its 59. Gardo had an intent to kill Gerald. However, when Gardo
complements and other passengers. What crime was committed discharged the firearm, Gerald saw it and was able to evade the
by A, B, C and D? bullet. What crime was committed?
A. Piracy under Article 122 of the RPC A. Alarms and Scandal
B. Piracy under P.D. 532 B. Illegal Discharge of Firearm
C. Robbery in an uninhabited place C. Attempted Homicide
D. Piracy and Robbery D. Attempted Murder

56. Noli was arrested by police officers while standing in a 60. Possession of dangerous drugs during parties, social
sidewalk. He was said to have numerous cases of cellphone gatherings or meetings must be in the proximate company of at
snatching in the area. When in the station, the investigating least how many persons?
officer was not present. The police officers told Noli to come A. 1
back for if not, he will be killed when they see him. Noli from B. 2
time to time comes back to the station but the investigating C. 3
officer was still on leave. Are the police officers liable? D. 4
A. Yes, for Arbitrary Detention
61. Two young men, P and B, conspired to rob a residential 64. A fire broke out in a department store, R, taking advantage
house of things of value. They succeeded in the commission of of the confusion, entered the store and carried away goods
their original plan to simply rob. P, however, was sexually which he later sold. What crime, if any, did R commit?
aroused when he saw the lady owner of the house and so, a. theft
raped her. The lady victim testified that B did not in any way b. qualified theft
participate in the rape but B watched the happening from a c. trespassing and theft
window and did nothing to stop the rape. What crime was d. trespassing and qualified theft
committed by P?
a. robbery 65. All of the following are classified as crimes mala in se,
b. robbery with rape except:
c. rape A. Malversation of Public Funds or Property
d. robbery and rape B. Illegal Use of Public Funds or Property (Technical
Malversation)
62. In relation to Question No. 61, What crime was committed C. Illegal Exaction
by B? D. Maltreatment of Prisoners
a. robbery
b. robbery with rape 66. Which of the following cases of parricide are not penalized
c. rape by reclusion perpetua to death?
d. robbery and rape A. Parricide through negligence
B. Parricide by mistake
63. Julius has a pending case for the crime of murder before the C. Parricide under exceptional circumstances
Court. He offered the amount of 1 Million Pesos to the Judge D. All of them
and in return the latter dismissed his case. What crime was
committed by the Judge? 67. Husband Polo arrived home and dinner has not been
A. Prevaricacion or Negligence or Tolerance in the Prosecution cooked. Husband Polo got mad and slapped his wife Dina and
of Offenses the latter happened to be pregnant and hit the table and floor.
B. Direct Bribery Dina and the fetus died. What crime was committed?
C. Qualified Bribery -tumanggap A. Parricide
D. Corruption of Public Official -nagbigay B. Parricide and Unintentional Abortion
C. Parricide with Unintentional Abortion

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D. Parricide and Intentional Abortion

68. H (husband) and W (wife) were married in the Philippines.


H took graduate studies in New York and met his former
girlfriend A. They renewed their friendship and finally decided to
get married. The first wife, W, heard about the marriage and
secures a copy of the marriage contract in New York. What
crime, if any, did H commit?
a. Bigamy
b. Concubinage
c. Adultery
d. No crime

69. Father Bingo, 80 years of age and son Aldrin had an


argument, Aldrin boxed his father resulting to the latter’s
becoming ill for more than 30 days. What crime was
committed?
A.
Rape
and

A. Serious Physical Injury Homicide


B. Qualified Serious Physical Injury B. Rape with Homicide
C. Parricide C. Rape and Frustrated Homicide for Ada and Homicide for Bea
D. Less Serious Physical Injury D. Rape with Frustrated Homicide for Ada and Homicide for Bea

70. Nerissa, 11 years and Levin 35 were cohabiting as husband 74. R, a taxi driver, had an indebtedness in the sum of 10K
and wife without the benefit of marriage. Levin had carnal which would become due in one week. He was starting to worry
knowledge of Nerissa 5x. What was the crime committed, if because he still had not raised the amount to pay for his debt.
any? Every day, he had prayed for divine intervention. One night,
A. 5 counts of Rape while returning the taxi to the garage, he found a wallet on the
B. 5 counts of Statutory Rape back seat. Inspecting it, he learned that it contained exactly 10K
C. 1 count of Statutory Rape only cash, the amount of his obligation and IDs. Thinking it was
D. No crime since they were cohabiting as husband and wife divine intervention and that his prayers were answered he took
the money and used it to pay his debt. What crime, if any, did R
71. Pat. Edgar is in custody of PDL Rose. The former had carnal commit?
knowledge with the latter. What crime was committed? A. Rape a. theft
B. Qualified Rape b. qualified theft
C. Qualified Seduction c. civil liability only
D. Seduction d. robbery
75. Elsa was abducted by Yulo and was placed in his vehicle.
72. Alma was going home when 3 drunk men Bernard, Charlie After a day, Elsa was found in a vacant lot with 15 stab wounds.
and Dennis grabbed her and pulled her to a house and pinned What crime/s was/were committed
her down and undressed her. When Bernard placed himself on A. Forcible Abduction and Murder
top of her, Alma kicked Bernard and ran. They chased her and B. Murder
stabbed her at the back. She died. What crime/s was/were C. Forcible Abduction with Murder
committed? D. Homicide
A. Attempted Rape with Homicide
B. Rape with Homicide 76. Aljur abducted Bela the child of Belen and Sencio. Aljur
C. Homicide made a ransom note. Before Aljur could give the ransom note,
D. Attempted Rape and Homicide Bela attempted to escape. Seeing her attempting to escape
Aljur shot Bea and he died. What crime was commited?
73. Ada and Bea were in the highway when the accused A. Kidnapping and Serious Illegal Detention for Ransom
grabbed them and placed them in a secluded place. The with Homicide
accused tried to rape Ada. Bea became hysterical and shouted B. Kidnapping and Serious Illegal Detention for Ransom and
for help. The accused struck Bea with a lead pipe and she died. Homicide
Thereafter, Ada was raped and hit by the accused. Thinking that C. Forcible Abduction, Kidnapping and Serious Illegal Detention
Ada died, accused left but Ada survived. What crime/s? for Ransom with Homicide
D. Forcible Abduction with Homicide 80. Allan abducted Bong, his business rival who is a public
officer. Contemplating about his acts, within a day, he released
77. Suppose in the same problem, Aljur made a ransom note Bong voluntarily. What is the crime committed and what is the
and sent the note to Belen and Sencio. The latter called the effect of such release on his liability?
NBI, tracked the location of Aljur and went to his hideout. There A. Slight Illegal Detention and voluntary release will mitigate or
was an exchange of gunfire. Sencio was shot and he died. What extenuate his criminal liability
will you charge the accused? B. Kidnapping and serious illegal detention and voluntary
A. Kidnapping and Serious Illegal Detention for Ransom with release will mitigate or extenuate his criminal liability C. Slight
Homicide Illegal Detention and no effect on voluntary release D.
B. Kidnapping and Serious Illegal Detention for Ransom Kidnapping and serious illegal detention and no effect
and Homicide on voluntary release
C. Homicide
D. Kidnapping and Serious Illegal Detention for Ransom 81. The police arrested Sherwin for violating traffic rules and
placed the man behind bars and with intent to deliver him to
78. If in the same problem, during the exchange of gunfire, proper authorities but did not file any case against Sherwin. In
Aljur shot the NBI agent and died. What will you charge the the afternoon, he released Sherwin. What crime was committed
accused? by the police?
A. Kidnapping and Serious Illegal Detention for Ransom A. Arbitrary Detention
and Direct Assault with Homicide B. Direct Assault with B. Unlawful Arrest
Homicide C. Arbitrary Detention through Unlawful Arrest D.
C. Kidnapping and Serious Illegal Detention for Ransom D. No crime since Sherwin was released by the police
Homicid
82. Who represents the People of the Philippines in the Court of
79. It is a phenomenon in which hostage victims express Appeals?a. Department of Justiceb. Office of the Ombudsmanc.
sympathy towards their kidnappers or captors. Office of the Solicitor Generald. Presidential Commission on
A. Cri du Chat Syndrome Good Government
B. Stockholm Syndrome a. Department of Justice
C. Rett Syndrome b. Office of the Ombudsman
D. Klinefelter Syndrome c. Office of the Solicitor General
d. Presidential Commission on Good Government

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83. Melvin told Danny “If you will not give money, I will report
you to the customs for your smuggled car” What crime was
committed, if any?
A. Grave Threats
B. Light Threats
C. Other Light Threats
D. No crime

84. Carlo knows that the house of Anthony is vacant. Dario saw
that Carlo was about to enter, so Dario prevented Carlo. Dario
boxed Carlo. What crime was commited? A.Grave Coercion
B.Physical Injuries
C.Grave Coercion and Physical Injuries
D.No crime
85.Aiko, Beth, Carla, Dianne and Ella were walking while they exempted but Vico is liable either as principal,
heard gunfires from Elmer to get the winnings of Aiko and Beth. accomplice or accessory
Aiko and Beth were robbed, Carla and Dianne were killed and
Ella wounded. What crime/s was/were committed? 89. Doctrine of the Fruit of the Poisonous Tree is otherwise
A. Robbery, Murder and Attempted Murder known as ______.
B. Robbery with Homicide and Attempted Murder C. A. Exclusionary Rule Doctrine
Robbery with Homicide B. Taint Doctrine
D. Robbery, Homicide and Physical Injuries C. Illegally Obtained Evidence Doctrine
D. Silver Platter Rule
86. Arman went to the house of Larry to rob. Larry was
awakened. Arman shot Larry on his way out, he saw the latter’s 90. Contra Proferentem is otherwise known as _____: A.
wife Cely and raped her. After raping Cely and leaving the Ambiguity Doctrine
room, he saw the maid Maria and raped her. On his way out of B. Parol Evidence Rule
the door, the driver Bok saw him, he was prevented by Bok so C. Best Evidence Rule
he shot him. Here comes the gardener Leo, he boxed Leo and D. Rebuttal Evidence
suffered serious physical injuries . What crime/s was/were
committed? 91. X was caught in the act of pouring gas in the house of
A. Robbery, Homicide, Rape and Serious Physical Injuries B. another. He was about to strike the match in preparation to set
Robbery with Homicide the house on fire when he was stopped by alerted citizens.
C. Robbery with Homicide and Rape What crime was committed?
D. Robbery with Rape and Homicide a. consummated arson
b. attempted arson
87. Jedric wanted to kill Billy. So he shot Billy with treachery c. frustrated arson
and killing him instantly. Jedric was about to leave when he d. no crime
noticed that Billy’s cell phone was an expensive model so he 92. A wanted to kill B. He thought of mixing poison in the drink
took it. What crime/s was/were committed? of the latter. He went to the supermarket and bought a pack of
A. Robbery with Homicide rat killer with the intention to mix its contents to the drink/food
B. Murder and Theft of B. On his way home, with the rat killer on his hand he was
C. Robbery and Homicide apprehended by the NBI authorities. What crime did A commit?
D. Murder and Robbery a. no crime
b. attempted murder
88. Ion son of Marlon stole the money of the latter. In the c. sin
process of stealing his father’s money, Marlon sought the d. attempted homicide.
assistance of his friend Vico. Here:
A. Both Ion and Vico are exempted from liability B. Only Ion is 93. X testified that he saw A holding a knife while running from
liable while Vico is exempted from liability C. Only Marlon is the place where B was found lying on his own blood; that A's
exempted but Vico is liable as an accomplice D. Only Marlon is hands are full of blood; and days after the incident. A fled from
the Philippines. When these facts are taken together, they will A. B.P. Blg. 22 cases
show that A is the one who killed B. The facts illustrate a B. Cases cognizable by the Sandiganbayan
______: C. Tax cases
A. Direct Evidence D. All of them
B. Circumstantial Evidence
C. Corroborative Evidence 97. Where do you appeal the decisions of the Ombudsman in
D. Cumulative Evidence criminal cases?
A. Sandiganbayan
94. Before the marriage of Shiela to Joshua, she witnessed the B. Court of Appeals
murder of Lucio by Joshua but she never reported what she C. Supreme Court
witnessed to the authorities. A year after the murder, Shiela and D. Department of Justice
Joshua married. Barely 6 months after the marriage Shiela
became a battered wife and to get even with Joshua, she 98. Where do you appeal the decisions of the Ombudsman in
decided to report the murder to the police and Shiela was Administrative Cases?
presented to the Court as a witness of the prosecution. May A. Sandiganbayan
Joshua move to strike the testimony Shiela on the ground of B. Court of Appeals
Marital Disqualification Rule? C. Supreme Court
A. Yes D. Department of Justice
B. No
C. It depends 99. The two forms of arrest are: by actual restraint of the
D. Yes, but only if with Leave of Court person to be arrested and the other one is:
A. By using force or violence upon the accused B. By
95. In all criminal cases, an offer of compromise by the accused voluntary submission of the person arrested C. Arrest
may be received in evidence as an implied admission of guilt. by virtue of a warrant or without a warrant D. Arrest based
This statement is: on probable cause.
A. Partially True
B. False 100. In which of the following cases the judge is no longer
C. Maybe required to issue a warrant of arrest.
D. True A. When the information was filed pursuant to a lawful
warrantless arrest.
96. In which of the following reservation to file the civil action B. When the accused is punishable by a fine only.
separately shall not be allowed?

Amici Review Center Page 11


C. The case is covered by the rule on summary procedure D.
All of the above.

PART 3
1. Violations of R.A. No. 7619 involving child abuse cases must
be tried within ____ from arraignment.
a. 3 days
b. 5 days
c. 15 days
d. 30 days

2. Violations of R.A. 9165 on Dangerous Drugs must be tried


within ___ days from arraignment.
a. 15 days
b. 30 days
c. 60 days
d. 90 days
3. Violations of R.A. 8293 otherwise known as the Intellectual 8. Rape through forcible abduction is an example of: a.
Property Code of the Philippines must be tried within 60 days Delito Compuesto
from arraignment and the decision must be promulgated within b. Delito Complejo
__ from submission of the case: c. Continuous Crime
a. 15 days d. Composite Crime
b. 30 days
c. 60 days 9. A, B, C, D, E living in the same compound. They all have
d. 90 days roosters in their houses. One night, Z took one rooster from A,
B, C, D, and E. This best illustrates a:
4. Christian committed 5 counts of rape penalized by reclusion a. Delito Compuesto
perpetua per count. Following the three-fold rule, what is the b. Delito Complejo
proper penalty to be imposed? c. Continuous Crime
a. 40 years d. Composite Crime
b. 120 years
c. 200 years 10. A, B, C, D, E living in the same compound They have
d. 40 years to 200 years roosters in their houses. One night, Z took one rooster each
from A, B, C, D, and E. How many charge of theft will you
5. Suppose you were charged of 20 counts of estafa with a charge X?
penalty of arresto mayor per count. Applying the three-fold rule, a. 1 count of theft
what is the proper penalty to be imposed? a. 1 year and 6 b. 5 counts of theft
months c. 2 counts of theft
b. 12 years and 18 months d. syndicated theft
c. 12 years
d. 18 months and 1 day 11. The penalty prescribed by law for the felony shall be
lowered by _____ for the accessory in consummated felony. a. 1
6. Tabuno hacked Tano to death but also wounded Edmil who degree
was then behind Tano. This best illustrates: b. 2 degrees
a. Delito Compuesto c. 3 degrees
b. Delito Complejo d. 4 degrees
c. Continuous Crime
d. Composite Crime 12. The State has the authority, under this power to define and
punish and to lay down the rules of criminal procedure. a. Power
7. Kidnapping with serious physical injuries is an example of: a. of Expropriation
Delito Compuesto b. Power of Taxation
b. Delito Complejo c. Power of Eminent Domain
c. Continuous Crime d. Police Power
d. Composite Crime
13. A term of international law which signifies the immunity of look out and saw the balut vendor E, who also agreed. What
certain persons who, although in the State, are not amenable to are the criminal liabilities of A, B and C?
its laws. a. principals by indispensable cooperation
a. Extraterritoriality b. principals by direct participation
b. Exterritoriality c. principals by inducement
c. Intraterritoriality d. accomplices
d. Pacta sunt servanda
18. What is the liability of taxi driver D?
14. A fine, whether imposed as a single or as an alternative a. prinicipal by indispensable cooperation
penalty, shal be considered an afflictive penalty if it exceeds: a. b. accomplice
PhP6,000.00 c. accessory
b. PhP40,000.00 d. principal by direct participation
c. PhP1,200,000.00
d. PhP1,000,000.00 19. What is the liability of balut vendor E?
a. prinicipal by indispensable cooperation
15. Which among the following statements is incorrect? a. Light b. accomplice
felonies are punishable only when consummated b. Light felonies c. accessory
committed against persons are punsihable even if attempted d. principal by direct participation
only
c. Accessories are liable for light felonies 20. A by deceit took a diamond ring of his friend B. Afterwards,
d. Light felonies committed against property are punsihable she went to C who has a pawnshop. She informed C that it was
even if frustrated only swindled and offered it at a very low price. C displayed it in the
store. What crime is committed by A?
16. An accomplice is also known as: a. Qualified Theft
a. accessory before the fact b. Robbery
b. accessory by previous act c. Theft
c. accessory by simulataneous acts d. Estafa
d. all of the above
21. What is the criminal liability of C?
17. A, B, C decided to rob a bank. Suddenly, they realized they a. accessory
had no vehicle. They got a taxi and informed the taxi driver D b. accomplice
and offered him 15%. Taxi driver agreed. They searched for a

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c. principal by direct participation
d. principal by indispensable cooperation

22. A and B are brothers, A killed their father. Later, B arrived


and saw the body of their father. Both A and B placed it in the
trunk of the car to dispose of the body. They got caught. What
is the liability of A?
a. principal by direct participation to the crime of
parricide
b. principal by indispensable cooperation to the crime of
parricide
c. accomplice to the crime of parricide
d. accessory to the crime of parricide

23. What is the liability of B, if any?


a. principal by direct participation to the crime of parricide b.
accomplice to the crime of parricide
c. accessory to the crime of parricide started hitting Vilma with his fists, the latter suddenly
d. exempt complained of severe chest pains. Luis realizing that Vilma was
indeed in serious trouble , immediately brought her to the
24. What is the proper order of payment of the pecuniary hospital. Vilma died of heart attack and it turned out that she
liabilities of the offender? had been suffering from a lingering heart ailment. What crime,
a. Reparation of the damage caused, indemnification of if any, is committed by Luis?
consequential damages, fine, cost of the proceedings a. Parricide
b. Indemnification of consequential damages, reparation of the b. Serious Physical Injuries
damage caused, fine, cost of the proceedings c. Fine, reparation c. Murder
of the damage caused, indemnification of consequential d. No crime since Vilma died of heart attack
damages, cost of the proceedings d. Cost of the proceedings,
reparation of the damage caused, indemnification of 28. At the height of an altercation, Moymoy shot Mikmik but
consequential damages, fine missed, hitting Bonbon instead, resulting in the death of the
latter. What crime could Moymoy be guilty of?
25. If the convict has no property with which to meet the fine, a. attempted homicide
he shall be subject to a subsidiary personal liability at the rate b. attempted murder
of ___ per day. c. homicide with attempted homicide
a. PhP8.00 d. murder with attempted homicide
b. PhP80.00
c. PhP537.00 29. Vladimir chanced upon three men who were attacking Jeff
d. PhP570.00 with fist blows. Jon, one of the men, was about to stab Jeff with
a knife. Not knowing that Jeff was actually the aggressor
26. Harold and Elsa were married in the Philippines. Harold took because he had earlier challenged the three men to a fight,
Master of Laws in United Kingdom and met his former girlfried Vladimir shot Jon as the latter was about to stab Jeff. The facts
Jane. They renewed their friendship and finally decided to get best illustrate:
married. Elsa heard about the marriage and secures a copy of a. A valid self-defense
the marriage contract in U.K. Elsa filed a case of Bigamy against b. A valid defense of a stranger
Harold in the Philippines. What characteristic of Philippine c. A valid defense of a relative
criminally is applicable in this case? d. None of the above since Vladimir is liable
a. principle of generality
b. principle of territoriality 30. Aggravating circumstances that apply only to particular
c. principle of prospectivity crimes can be offset by mitigating circumstances. a. Generic
d. all of the above Aggravating
b. Inherent Aggravating
27. The conduct of wife Vilma aroused the ire of her husband c. Qualifying Circumstances
Luis. Incensed with anger almost beyond his control, Luis could d. Specific Aggravating
not help but inflict physical injuries on Luis. Moments after Luis
31. Dennis asked Russel to kill Rommel because of a grave c. contempt of court
injustice done to Dennis by Rommel. Dennis promised Russel a d. no crime
reward. Russel was willing to kill Rommel, not so much because
of the reward promised to him but because he also had his own 34. Suppose, there is a crime in the preceding question, where
long-standing grudge against Rommel, who had wrong him in should the case be filed?
the past. If Rommel is killed by Russel, what is the liability of a. Batangas City
Dennis, if any? b. Laguna
a. principal by inducement c. Manila
b. principal by indispensable cooperation d. Either A or B
c. accomplice
d. not liable 35. Rica testified against Pablo in the latter's case. Pablo was
acquitted on December 10, 2010. On December 11, 2016, Pablo
32. Allan, a detention prisoner, was taken to a hospital for filed a case of giving false testimony against Rica. What is the
emergency medical treatment. His followers, all of whom were legal remedy that may be used by Rica?
armed went to the hospital to help him escape. The prison a. File a Motion for Reconsideration
guards seeing that they were outnumbered and that resistance b. File a Motion for New Trial
would endanger the lives of other patients, deckled to allow the c. File a Motion to Dismiss
prisoner to be taken by his followers. What crime was d. File a Motion to Quash
committed by Allan's followers?
a. conniving with or consenting to evasion 36. What is the ground that should be used by Rica in the
b. delivery of prisoner from jail preceding question?
c. evasion through negligence a. prescription of crime
d. grave coercion b. prescription of penalty
c. double jeopardy
33. Alfie killed his wife under exceptional circumstances and d. irregularity in the proceedings
was sentenced by the RTC of Batangas City to suffer the
penalty of destierro during which he was not to enter the city. 37. Prior to the issuance of the rule on the use of body-worn
While serving sentence, Alfie went to Baguio City to visit his cameras in the issuance of warrants, who among the following
father. Later, he was arrested in Laguna. What crime is may issue a search warrant that may be used and served
committed by Alfie, if any? anywhere in the Philippines in certain cases?
a. parricide under exceptional circumstances a. Executive Judges of RTC Quezon City and Marikina City b.
b. evasion of service of sentence Executive Judges of RTC Quezon City and Makati City

Amici Review Center Page 13


c. Executive Judges of RTC Quezon City and City of
Manila
d. Executive Judges of RTC Quezon City and Pasay City

38. Which of the following has the authority to issue a freeze


order in Money Laundering Cases?
a. Office of the Ombudsman
b. RTC
c. Court of Appeals
d. Office of the President

39. What is the basis of the principle of generality? a.


Art. 1, NCC
b. Art. 14, NCC
c. Art. 24, NCC
d.Art. 100, NCC
40. After a heated argument over his philandering, Willy 44. With respect to the death of D and E, what crime/s did B
punched on the head his wife Sarah, who was six and a half commit?
months pregnant. Sarah lost her balance, fell on the floor with a. 2 counts of murder
her head hitting a hard object. Sarah died and the child was b. 2 counts of parricide
expelled prematurely. After 30 hours, the child died. With c. 2 counts of conspiracy to commit parricide
respect to the killing of Sarah, the crime is? d. 2 counts of homicide
a. murder
b. parricide 45. Taguro, a security guard assigned at a graveyard shift, went
c. parricide with unintentional abortion home earlier than usual. He proceeded immediately to their
d. homicide bedroom to change his clothes. To his surprise, he found his
wife Curdafia making love to another woman Marga. Taguro got
41. For the killing of the child in the preceding question, the a knife and killed Curdafia. This is an example of:
crime is: a. death under exceptional circumstance
a. parricide with unintentional abortion b. murder
b. intentional abortion c. homicide
c. infanticide d. parricide
d. unintentional abortion
46. Anti-Hazing Law requires that before hazing or initiation
42. A, a housewife, and B, her paramour, conspired to kill C, her rites may be performed, notice to the school authorities or head
husband. A and B bought palabok and mixed it with poison. A of organizations shall be given ___ days before the conduct of
gave the food with poison to C, but before C could eat it. D, her such rites.
illegitimate father, and E, her legitimate son arrived. C, D and E a. 3 days
shared the food in the presence of A who merely watched them b. 5 days
eating. C, D and E died. What crime/s did A commit? c. 7 days
a. parricide d. 14 days
b. parricide and murder
c. multiple parricide 47. Ara boarded a taxi on her way home from a party . Because
d. murder she was already tipsy, she fell asleep. Lloyd, the cab driver,
decided to take advantage of the situation and drove Ara to a
43. In connection with the preceding section, what crime was deserted place where he raped her for a period of 5 days. What
committed by B in killing C? crime/s did Lloyd commit?
a. parricide a. Kidnapping and serious illegal detention and rape b.
b. murder Rape
c. homicide c. Forcible abduction with rape
d. conspiracy to commit parricide d. Kidnapping and serious illegal detention with rape

48. While A, B, C and D were robbing a bank, policemen


arrived. A firefight ensued between the bank robbers and the overthrow prima facie evidence established against him. a.
responding policemen and D was killed. With respect to the Burden of Proof
death of D, what crime did A, B and C commit, if any? b. Burden of Evidence
a. Robbery c. Direct Evidence
b. Robbery with Homicide d. Offer of Proof
c. Robbery and Homicide
d. no crime 53. A tombstone may be offered and admitted in evidence as:
a. object evidence
49. It has the same effect as mitigating circumstance. a. b. documentary evidence
Justifying Circumstance c. best evidence
b. Exempting Circumstance d. both a and b
c. Absolutory Cause
d. Extenuating Circumstance 54. A is the child of the spouses H and W. H sued his wife W for
judicial declaration of nullity of marriage. In the trial, H testified
50. It is a remedy available to any person whose right to life, over the objection of W. Is the objection correct? a. No,
liberty and security has been violated or is threatened with marital privilege cannot be invoked in this case b. Yes, as
violation by an unlawful act or omission of a public officer or it is covered by the marital privilege rule c. It depends on the
employee or of a private individual or entity. ruling of the Court on W's objection d. No, the objection should
a. writ of habeas corpus be made by the counsel
b. writ of amparo
c. writ of habeas data 55. A was accused of having raped B. The Court required A to
d. writ of kalikasan put on a pair of short pants, allegedly left by him at the crime
scene. The pair of short pants which fits the accused well is:
51. If an Information was filed in the RTC-Pasay City charging a. direct evidence
an accused with homicide and he was arrested in Caloocan City, b. prima facie evidence
in what court/s may he apply for bail? c. corroborative evidence
a. RTC Pasay City d. circumstantial evidence
b. RTC Caloocan City
c. MeTC Caloocan City, in the absence of any RTC Judge d. 56. When to make an offer of an object evidence? a.
any of the above at the time the witness is called to testify
b. during the examination of the witness
52. It is the duty of a party to go forward with the evidence to c. after the presentation of the testimonial evidence

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d. either of the above

57. In an action to recover money paid in settlement of an


account in stock transactions, plaintiff is bound by his own
testimony that the transactions were gambling transactions,
so as to preclude recovery by him. This illustrates a: a.
prima facie evidence
b. circumstantial evidence
c. cumulative evidence
d. conclusive evidence

58. In error in personae, the applicable provision for purposes


of imposing the proper penalty is:
a. Art. 48, RPC
b. Art. 49, RPC
c. Art. 50, RPC
d. Art. 100, RPC
a. R.A.
No.
3660
b. R.A.
No.
6306
c.
R.A.
No.
6036
d. R.A.
No.
3066

59. In aberratio ictus, the applicable provision for purposes of


imposing the proper penalty is: 65. Which of the following has authority to issue Hold Departure
a. Art. 48, RPC Order?
b. Art. 49, RPC a. MTC
c. Art. 50, RPC b. RTC
d. Art. 100, RPC c. DOJ
d. BI
60. How may an object evidence be presented? a.
exhibited 66. Hold Departure Order is valid within ____ days from the
b. examined date of its issuance, unless sooner terminated.
c. viewed a. 6 months
d. all of the above b. 1 year
c. 5 years
61. Who is the last appointee of Pres. Duterte in the Supreme d. 10 years
Court?
a. Filomena Singh 67. Watchlist Order is valid within ___ days from the date of its
b. Alexander Gesmundo issuance, unless sooner terminated or extended. a. 30 days
c. Maria Lourdes Sereno b. 60 days
d. Jose Midas Marquez c. 6 months
d. 1 year
62. Libel is punished by prision correccional. Which Court has
jurisdiction over libel cases? 68. Within _____ from the failure of the accused to appear in
a. MTC person as required, the bondsment must produce the body of
b. RTC the principal and explain why the accused did not appear before
c. CA the Court when required to do so.
d. SC a. 10 days
b. 15 days
63. When an offense has in fact just been committed and he c. 30 days
has probable cause to believe based on personal knowledge of d. 60 days
facts and circumstances that the person to be arrested has
committed it. 69. In contrast to an accused, an ordinary witness can be cross-
a. In Flagrante Delicto Arrests examined as to any matter stated in the direct examination or
b. Doctrine of Hot Pursuit connected therewith.
c. Personal Knowledge Rule a. American Rule
d. Test of Immediacy b. Philippine Rule
c. English Rule
64. The Law on Recognizance: d. French Rule
70. Judicial Affidavit Rule shall apply to all criminal actions c. 10 days
where the maximum of the imposable penalty does not exceed d. 15 days
__ years.
a. 1 year 74. How many copies of the brief should be filed by the
b. 6 years accused-appellant in the Court of Appeals?
c. 12 years a. 5 copies
d. 20 years b. 6 copies
c. 7 copies
71. In cases decided by the RTC in its appellate jurisdiction, the d. 8 copies
appeal shall be via:
a. Petition for Review under Rule 42 75. Which among the following statements is incorrect: a. If a
b. Ordinary Appeal by Notice of Appeal foreign merchant vessel is in transit, possession of dangerous
c. Automatic Review drugs is not punishable
d. Petition for Review under Rule 45 b. If a foreign merchant vessel is in transit, use of
dangerous drugs is not punishable
72. Brief for the appellant in the Court of Appeals shall be filed c. If a foreign merchant vessel is not in transit, mere possession
within ___ days from receipt by the appellant or his counsel of of dangerous drugs is punishable
the notice from the Clerk of Court of the Court of Appeals. a. 15 d. If a foreign merchant vessel is in transit, use of dangerous
days drugs is punishable
b. 30 days
c. 45 days 76. It is that portion of the acts of the offender, where he has
d. 60 days no more control of the same.
a. subjective phase
73. An accused-appellant not confined to prison can have a b. objective phase
counsel de officio if requested by him in the Court of Appeals c. overt act
within __ days from receipt of the notice to file brief and the d. preparatory act
rights thereto is established by affidavit.
a. 3 days 77. If it is proven that 2 or more persons aimed their acts
b. 5 days towards the accomplishment of the same unlawful object,

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each doing a part so that their acts although apparently
independent were in fact connected and cooperative, thus
indicating a closeness of personal association and a concurrence
of sentiment.
a. Doctrine of Express Conspiracy
b. Doctrine of Act of One is the Act of All
c. Doctrine of Acquiescence
d. Doctrine of Implied Conspiracy

78. Proposals of the following felonies are punished under the


RPC, except:
a. Proposal to commit insurrection
b. Proposal to commit rebellion
c. Proposl to commit coup d'etat
d. Proposal to commit sedition
79. An attack with physical force or with a weapon which shows has committed and the additional penalty for being a habitual

the positive determination of the aggressor to cause injury. delinquent must not exceed:
a. actual unlawful aggression a. 10 years
b. immediate or imminent unlawful aggression b. 20 years
c. unreasonable aggression. c. 30 years
d. self-preservation d. 40 years

80. Voluntary release of the victim within 3 days in illegal 85. The law adjusting the amount or the value of property and
detention is a: damage on which the penalty is based and fines imposed under
a. Privileged Mitigating Circumstance the RPC.
b. Ordinary Mitigating Circumstance a. R.A. 10915
c. Specific Mitigating Circumstance b. R.A. 10519
d. Generic Mitigating Circumstance c. R.A. 10951
d. R.A. 10591
81. Passion and Obfuscation cannot co-exist with the following
circumstances, except: 86. In connection with the preceding question, the said law took
a. vindication of grave offense effect on:
b. evident premididation a. 14 September 2017
c. ignominy b. 13 September 2017
d. treachery c. 13 September 2016
d. 14 September 2016
82. A subsidiary personal liability to be suffered by the convict
who has no property with which to meet the fine. a. accessory 87. It is a deficiency of action.
penalty a. Negligence
b. subsidiary penalty b. Imprudence
c. pecuniary liability c. Emergency Rule
d. costs d. Tort

83. The following are accessory penalties of reclusion perpetua 88. Limited to the act of planting evidence and the like in order
and reclusion temporal, except: to incriminate an innocent person.
a. Civil intediction for life a. perjury by making false accusation
b. Civil interdiction during the sentence b. defamation
c. Suspension from public office, profession or calling d. c. incriminating innocent persons
Perpetual disqualification d. false testimony

84. The total of the penalty for the last crime of which a convict 89. While in general, every discreditable imputation publicly
made is deemed false, because every man is presumed c. forcible abduction
innocent until his guilt is judicially proved, and every false d. consented abduction
imputation is directed against a public person in his public
capacity, it is not necessarily actionable. 94. When a 14-year old girl was induced by the accused to
a. Doctrine of Fair Use leave her home and later was forcibly violated by him, the
b. Doctrine of Fair Comment accused is guilty of:
c. Doctrine of Free Speech a. rape
d. Doctrine of Freedom of the Press b. inducing a minor to abandon her home and rape c.
consented abduction and rape
90. Defamation in radio interview is: d. consented abduction with rape
a. slander by deed
b. unjust vexation 95. This is adduced to overcome a prima facie case or a
c. libel disputable presumption.
d. slander a. preponderance of evidence
b. substantial evidence
91. R.A. 10655 decriminalized premature marriages. This law c. clear and convincing evidence
was approved on: d. proof beyond reasonable doubt
a. 13 March 2013
b. 13 March 2014 96. The unlawful shipping, loading or carrying of explosive,
c. 13 March 2015 flammable, corrosive or poisonous substance or material in any
d. 13 March 2016 passenger aircraft operating as a public utility within the
Philippines violates:
92. CCTV footage is: a. R.A. 6235
a. An object evidence b. R.A. 6325
b. A documentary evidence c. R.A. 6523
c. Testimonial evidence d. R.A. 6253
d. An original document
97. Which among the following sentences may be served at the
93. In all of the following crimes against chastity, age and home of the accused?
reputation of the victim are immaterial, except in: a. acts of a. Reclusion temporal
lasciviousness against the will of the offended party b. qualified b.. Reclusion Perpetua
seduction of sister c. Arresto Mayor
d. Arresto Menor

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98. A writ issued directly by a judge to a law enforcement
officer, especially for the arrest of a person who has been held
in contempt, has disobeyed a subpoena, or has to appear for a
hearing or trial.
a. general warrant
b. scatter-shot warrant
c.bench warrant
d. John Doe Warrant

99. Order in the examination of an individual witness: a. direct


examination, cross-examination, re-cross examination, redirect
examination
b. direct examination, redirect examination, cross examination,
re-cross examination
c. cross-examination, direct examination, re-cross examination,
redirect examination
d. direct examination, cross-examination, redirect b. X, who voted for PDu30
c. Y,
who is
an a

examination, re-cross examination famous boxer


d. Z, who is pregnant
100. Right to be informed of the nature and cause of accusation
against the accused is known as: 5. Assume that the death penalty still exists today, and your
a. Falso in Uno Falso in Omnibus female classmate is sentenced to death by lethal injection.
b. Omnibus Motion Which of the following will cause the suspension of her death
c. Hornbook Doctrine sentence?
d. Res Ipsa Loquitor a. If she cries
b. If she escapes
PART 4 c. If she got pregnant
d. I will advise her to commit suicide
1. The death penalty is now prohibited to be imposed by: a.
Supreme Court 6. Any person sentenced to this penalty shall not be permitted
b. PDU30 to enter the place/s designated in the sentence, nor within the
c. RA 9346 radius therein specified which shall not be more than 250 and
d. Roman Catholic Church not less than 25 kilometers from the place designated. Which
penalty is this?
2. The 1987 Constitution is said to have suspended the death a. destierro
penalty. In 1991, which of the following laws re-imposed the b. exile
death penalty? c. evasion of service of sentence
a. RA 9346 d. absolute disqualification
b. RA 7659
c. RA 8177 7. Which among the following penalty may be served in the
d. Revised Penal Code convict’s house instead of in jail?
a. reclusion perpetua
3. Under RA 8177, the death penalty shall be imposed by way b. reclusion temporal
of: c. prision mayor
a. lethal injection d. arresto menor
b. gas chamber
c. electric chair 8. A convicted person may be allowed to serve his sentence in
d. firing squad his own house if there is/are:
a. humanitarian reasons
4. Assume that the death penalty is still imposed, in which of b. health reasons
the following convicted criminals will it NOT be carried out? a. W, c. bribe money to the judge
who is a confessed gay d. a and b
9. Assume that the death penalty still exists today, and the with the offense
person legally sentenced to die was buried by his family with b. must be correctional
pomp. What would be their criminal liability? c. penalty must be equal for all
a. tumults and other disturbances of public order b. d. penalty must be personal
alarms and scandals
c. contempt of court 14. It is a juridical condition of penalty which states that
d. all of the above different crimes must be punished with different penalties. a.
commensurate with the offense
10. Under Article 21 of the RPC no felony shall be punishable by b. must be correctional
any penalty not prescribed by law prior to its commission. This c. penalty must be equal for all
illustrates: d. penalty must be personal
a. the prospective character of the penal code b.
the territorial character of the penal code 15. All of the following are theories justifying the imposition of
c. the general character of the penal code penalties upon the convicted accused EXCEPT: a. prevention
d. all of the above. b. self defense
c. reformation
11. It is the suffering inflicted by the state for the transgression d. exemplarity
of a law. e.toleration
a. massage
b. penalty 16. It means the criminal is punished to serve as an example to
c. death sentence deter others from committing the crime.
d. taxes a. prevention
b. self defense
12 It is a juridical condition of penalty which states that penalty c. reformation
must be the consequence of judgment according to law. d. exemplarity
a. commensurate with the offense
b. must be correctional 17. It means the objective of punishment is to correct the
c. penalty must be equal for all offender and not really to punish him. Punishment may be only
d. penalty must be personal secondary factor.
e. penalty must be legal a. prevention
b. self defense
13. It is a juridical condition of penalty which states that no one c. reformation
should be punished for the crime of another. a. commensurate

Amici Review Center Page 17


d. exemplarity

18. A penal law as a general rule should have: a.


prospective application
b. retroactive application
c. no application
d. biased application

19. A penal law can have a retroactive effect provided: a.


it is favorable to the accused
b. it is unfavorable to the accused
c. the accused is not habitual criminal
d. both a and c

20. Give the effect/s of pardon by the offended party. a.


it extinguishes criminal liability
b. it does not extinguish criminal liability
c.

c. it extinguishes civil liability subsidiary penalty


d. both b and c d. none of the above

21. Give the effect/s of pardon by the President of the 26. Title eight (8) of the Revised Penal Code is: a.
Philippines. crimes against persons
a. it extinguishes criminal liability b. crimes against honor
b. it does not extinguish criminal liability c. crimes against property
c. it extinguishes civil liability d. crimes against chastity
d. it does not extinguish civil liability
e. both a and d 27. What crime is committed by any person who shall kill his
father, mother or child whether legitimate or illegitimate, or any
22. The temporary detention of insane persons, commitment of of his legitimate ascendants, or descendant or his spouse? a.
minor delinquents, suspension from public employment and parricide
others found in article 24 are not considerer penalties because: b. infanticide
a. they are not imprisonment c. murder
b. they are not painful d. homicide
c. they are not imposed as result of judicial proceedings
d. all of the above 28. X (husband) caught Y, his wife (wife) in the act of having
sexual intercourse with Z, a neighbor. X became enraged killed
23. Which of the following is a correctional penalty? a. both Y and Z on the spot. What crime was committed by X, if
death there was any? (Note: X and Y are legally married)
b. reclusion perpetua a. parricide
c.arresto mayor b. complex crime of parricide with homicide
d. arresto menor c. murder
d. No crime, but X will suffer destierro
24. Which among the following is an accessory penalty? a.
reclusion perpetua 29. In relation to question number 2, assume that X only
b. civil interdiction inflicted less serious or slight physical injuries against either Y or
c. forfeiture/confiscation of instruments of crime d. Z or both of them, what crime was committed by X? a. Death
both b and c inflicted under exceptional circumstances b. Physical injuries
e. all of the above inflicted under exceptional circumstances c. Less serious physical
injuries
25. What penalty is that which is expressly imposed in a d. No crime was committed by X, he is also exempted
judgment of conviction? from punishment.
a. principal penalty
b. accessory penalty 30. Which of the following is not a qualifying circumstance of
murder?
a. treachery bullet because X himself deliberately did not target any part of
b. obfuscation Y’s body as his only purpose was to scare off Y. What crime was
c. evident premeditation committed by X?
d. ignominy a. unjust vexation
b. attempted homicide
31. This takes place when at least four (4) persons took part, c. discharge of firearm
not comprising of group organized for the common purpose of d. frustrated murder
assaulting and attacking each other, in a confused manner and
as a result of which someone is killed or suffered physical 35. All of the following are ways of committing intentional
injuries. abortion EXCEPT:
a. tumultuous affray a. using violence upon the pregnant woman.
b. rumble b. without using violence and without the consent of the woman
c. riot by administering drugs or beverages.
d. gang war c. acting (by administering drugs or beverages) with the
consent of the pregnant woman
32. The prohibited practice of painlessly putting to death a d. using intimidation against the pregnant woman
person suffering from some incurable disease.
a. murder 36. _____ is a formal combat concerted between two parties in
b. homicide the presence of two (2) or more seconds who make the
c. mercy killing selection of arms and fix the conditions of the fight a. ultimate
d. rape fighting championship
b. duel
33. What crime is committed by anyone who shall kill a child c. man to man fight
less than 72 hours (less than three days) old? d. world wrestling entertainment
a. murder
b. parricide 37. The penalty for infanticide is the same for murder and
c. infanticide parricide. The statement is:
d. all of the above a. true
b. false
34. X pointed a gun directed to Y. X, without intent to kill pulled c. wrong
the trigger and fired at the direction of Y. Y was not hit by the d. misleading

Amici Review Center Page 18


38. While John was sleeping, Lorena unbuttoned Pedro’s pants
and did fellatio on Pedro. When Pedro’s penis was already
erected, Lorena with all her power cut off the penis of Pedro by
means of her razor sharp teeth. What crime was committed by
Lorena?
a. mutilation
b. cutting happiness of another
c. mutilation-castration
d. crime against mankind
e. mutilation-mayhem

39. If the physical injuries inflicted incapacitated the offended


party for labor for eleven (days) only, what kind of physical
injury is involved?
a. slight physical injuries
b. less serious physical injuries
c. maltreatment
d. Serious 45. What crime is committed by any adult (not related to the
victim) who shall kill a child three years old?
40. This is committed by any person who shall shoot at another a. murder
with any firearm (without intent to kill). a. attempted homicide b. homicide
b. discharge of firearm c. abortion
c. grave threats d. infanticide
d. impossible crime
46. What time of physical injury is committed by one, who shall
41. This is committed by any person who shall shoot at another wound, beat, assault another causing the offended party to be
with any firearm (without intent to kill). a. attempted homicide incapacitated for labor for ten (10) days or more (but should not
b. discharge of firearm exceed 30 days)?
c. grave threats a. serious physical injuries
d. impossible crime b. less serious physical injuries
c. slight physical injuries
42. In the crime of illegal discharge of firearm, what normally is
the real purpose of the offender? 47. X shot Y while the latter was about 200 yards away. Y was
a. to kill the victim not even scratched by the bullet. Here the crime is only illegal
b. to appear macho discharge of firearm and not attempted homicide because:
c. to frighten the victim a. intent to kill is negatived by the distance between X
d. to be discovered as action star and Y.
b. Y was not even scratched
43. Cain and Abel are brothers. One day while Abel was in the c. Y was able to evade the incoming bullet
fields, Cain stabbed his brother Abel from behind. Abel died. d. X had no license to possess the firearm
What crime was committed by Cain?
a. murder 48. The killing of any child less than three days old, whether the
b. homicide killer is the parent or grandparent, or any other relative or even
c. infanticide a stranger.
d. parricide a. murder
b. homicide
44. In relation to question number 43, what qualifying c. infanticide
circumstance was present? d. biocide
a. relationship
c. abuse of superior strength 49. It came from the latin word “rex” meaning a king and
b. treachery “caeso” meaning to slay. It therefore means the killing of a king
d. nighttime or one who murders a king or aids in his killing. a. regicide
b. parricide
c. uxoricide
d. deicide d.cumulative evidence
e. tyrannicide
f. insecticide 53. As a general rule, no evidence shall be admissible other
than the original document itself, when the subject of inquiry is
50. It is the destruction of living organisms by such its contents, expresses what rule?
unphysiologic effects of civilizations such as pollution, nuclear a.best evidence rule
fallout, and pesticides. Simply stated it refers to the destruction b.secondary evidence rule
of the environment. c.parol evidence rule
a. regicide d.denglish rule
b. parricide
c. biocide 54. These are evidence which are addressed to the senses of
d. deicide the court.
e. tyrannicide a.object evidence
f. fratricide b.real evidence
c.both a and b
51. _____ is the unlawful killing of any person which is not d.documentary evidence
parricide or infanticide, provided that any of the qualifying
circumstances mentioned in article 248 of the Revised Penal 55. A rule which states that when the terms of an agreement
Code is present. have been reduced to writing, it is considered as containing all
a. murder the terms agreed upon and there can be, between the parties
b. regicide and their successors in interest, no evidence of such terms
c. genocide other than the contents of the written agreement.
d. homicide a.best evidence rule
b.secondary evidence rule
52. Evidence is admissible when it is relevant to the issue and is c.parol evidence rule
not excluded by the law or these rules (rules of court) is a
statement that expresses: 56. This is the declaration made by a person under the
a.competent evidence consciousness of an impending death.
b.physical evidence a.dying declaration
c.material evidence b.declaration against interest
c.declaration about pedigree

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57. Statements made by a person while a startling occurrence is
taking place or immediately prior or subsequent thereto, with
respect to the circumstances thereof is known as a. dying
declaration
b. parts of the res gestae
c. extrajudicial confession

58. Evidence is admissible when it is relevant to the issue and is


not excluded by the law or the rules of court. The underlined
statement has reference to:
a.corroborative evidence
b.cumulative evidence
c.direct evidence
d.Competency evidence
59. Evidence must have such a relation to the fact in issue as to d. both a and b
induce belief in its existence or non existence. Evidence on

collateral matters shall not be allowed except:


a. when it tends in any reasonable degree to establish 63. It consists of writings or any material containing letters,
the probability or improbability of the fact in issue b. words, numbers, figures, symbols or other modes of written
when it directly imputes to the accused the commission of the expressions offered as proof of their contents.
crime a.object evidence
c. when I t has tendency in reason to pinpoint the doer of the b.prima facie evidence
criminal act c. documentary evidence
d. when it changes the burden of proof d.real evidence

60. Which of the following does the court shall not or cannot 64. These are evidence which are addressed to the senses of
make a judicial notice? the court.
a. law of nations a.object evidence
b. existence and territorial extent of states b. documentary evidence
c. political history of states c.expert evidence
d. forms of government and symbols of nationality e.
admiralty and maritime courts of the world 65. What are the qualifications of a witness?
f. latest hits on the pop charts a.person who can perceive
b. person who can make perception to others
61. Judicial notice may be either mandatory or discretionary. c.person who believes in God
Which of the following statements may the court grant d. both a and c
discretionary judicial notice?
a. matters which are of public knowledge 66. No person may be compelled to testify against his parents,
b. matters which are capable of unquestionable demonstrations or descendants or ascendants or children is the: a. family first
c. matters which are ought to be known to judges because of doctrine
their judicial functions. b. parental privilege
d. all of the above. c. filial privilege
d. parental and filial privilege
62. An admission made by a party in the course of a proceeding
does not require proof. How may the admitter contradict such 67. _______ is the declaration of an accused acknowledging his
an admission? guilt of the offense charged, or of any offense necessarily
a. showing that the admission was made by palpable mistake b. included therein.
showing that no such admission was made a.admission
c. showing that he was compelled by the police to make such b.confession
an admission c.extrajudicial confession
d.acknowledgement 72. An extrajudicial confession made by the accused shall not
be sufficient ground for conviction unless it is corroborated by
68. It is the examination in chief of a witness by the party evidence of:
presenting him on the facts relevant to the issue: a.direct a.two witnesses
examination b.probable cause
b.cross examination c. prima facie evidence
c.re direct examination d.corpus delicti

69. Upon the termination of the direct examination, the witness 73. In cases filed before administrative or quasi judicial bodies,
may be cross examined by the adverse party as to any matter a fact may be deemed established if it is supported by
stated in the direct examination or connected therewith to test substantial evidence. What is substantial evidence? a. that
his accuracy and truthfulness. evidence which produces moral certainty b. that evidence which
a.direct examination produces conviction in an unprejudiced mind
b.cross examination c. that evidence which pinpoints a person as the absolute doer
c.re direct of an act
d.none of the above d. that amount of relevant evidence which a reasonable
mind might accept as adequate to justify a conclusion.
70. What do you call that question which suggests to the
witness the answer which the examining party desires to hear; 74. How would you describe the hearsay evidence rule? a. a
therefore that question is not permitted? witness can only testify to facts derived from his own perception
a.misleading question b. a witness cannot be allowed to testify on what he overheard
b.direct examination c. a witness must be an adult and must be truthful d. none of
c. leading question the above

71. What is that question where one assumes as true a fact not 75. What must evidence be in order that it may become
yet testified to by the witness, or contrary to that which he has relevant to the issue at point?
previously stated? Also this kind of questioning is not allowed in a. it must have a direct bearing and actual connection to
courts. the facts in issue
a.misleading question b. it must not be remote to the issue at point
b.interrogative question c. it must not be excluded by the law, the rules and most
c. leading question especially the constitution
d. both a and c

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76. What do you call that recognition by the court without the
introduction of evidence? It means that courts will admit
without proof of facts those matters of public concern which are
known by all well-informed persons.
a.judicial notice
b. judicial confession
c.extrajudicial confession
d.hearsay

77. What is that sworn statement charging a person with an


offense, subscribed by the offended party, any peace officer, or
other public officer charged with the enforcement of the law
violated?
a.complaint
b.information
c.denuncia
d.affidavit
A.

78. All criminal actions either commenced by a complaint or Prosecutor


information shall be prosecuted under the direction and control B. PAO lawyer
of a: C. Clerk of court
a.private prosecutor D. Chief of police
b.judge
c.public prosecutor 83. How do you make an application for search warrant? A.
d. pao lawyer By announcing it on television
B. Upon application with the fiscal and heard in chambers C.
79. In case of heavy work schedule or lack of public prosecutor, Upon application with the proper court and heard ex
the private prosecutor may be authorized in writing by the parte
__________ to prosecute the case subject to the approval of D. By motion and set the case for hearing
the court.
a.chief prosecution office 84. When the complaint is vague, the accused may file a motion
b.regional state prosecutor alleging among others the defect of the complaint or
c. judge information and the details desired in order to enable him to
d.either a or b properly answer and prepare for trial. This motion is known as:
A. motion for bill of particulars
80. Macoy stabbed Vincent. Luckily, Vincent was able to identify B. motion for clarification
his assailant. Upon being rushed to the hospital, SPO4 Lorenzo C. motion to dismiss
got the statement of Vincent, Vincent believing at that time that D. motion for postponement
he was at the point of death, confided to SPO4 Lorenzo that
Macoy was his assailant. Vincent died a few after hours 85. The reading of the decision of the court convicting the
therafter. What would be your basis to establish the identity of accused appears to be not based on evidence on record or
the assailant and bring him to justice? applicable law. What remedy should the court do in the hope
A. Dying declaration of Macoy that the court may reverse its decision?
B. Dying declaration of Vincent A. File a Motion for Reconsideration
C. Direct testimony of Vincent B. File a Petition for Review
D. Res gestae C. File a Motion for New Trial
D. File a Petition for Certiorari
81. Assume that in the above case, Vincent was able to survive
as he did not die. What could be the basis to establish the 86. The two forms of arrest are : by actual restraint of the
identity of the assailant and bring him to justice? A. Res gestae person to be arrested and the other one is:
B. Dying declaration of Macoy A. By using force or violence upon the accused B. By
C. Dying declaration of Vincent voluntary submission of the person arrested C. Arrest
D. Direct testimony of the doctor by virtue of a warrant or without a warrant D. Arrest based
on propable cause
82. Who acts as the alter ego of the judge who takes charge of
the business of the court and supervises all other court staff? 87. The following are elements of a Prejudicial Question: I. The
resolution of such issue determines whether or not the criminal C. Corroborative
action may proceed. II. The previously instituted civil action D. Credible
involves an issue similar or intimately related to the issue raised
in the subsequent criminal action. 91. Pieces of evidence consisting of writings but it is offered to
A. I only prove its color, locations, material on which is written are called:
B. II only A. Object
C. I and II B. Testimonial
D. None of the above C. Document
D. None of the above
88. If the offended party is a corporation, how do you indicate it
in the complaint or information? 92. Contempt committed in the presence of or so near a court
A. Leave it blank as error is merely clerical and can be corrected or judge as to obstruct or interrupt proceedings before it. A.
during trial Contempt
B. Aver it in the charge sheet B. direct contempt
C. State the name of the corporation C. indirect contempt
D. Aver that it is legally organized pursuant to SEC rules D. disobedience

89. It is the exemption to the hearsay rule made under the 93. After the cross-examination of the witness has been
consciousness of an impending death. concluded, he may be re-examined by the party calling him, to
A. Dead man statute explain or supplement his answers given during the cross
B. Ante-mortem statement examination.
C. Parole evidence A. Cross examination
D. Post mortem statement B. Re-direct examination
C. Re-cross examination
90. An additional evidence of different kind tending to prove the D. Direct examination
same facts in issue. Evidence which are supplementary to that
already given and tending to strengthen or confirm it. A. Credible 94. When is the formal offer of Object/Documentary evidence?
B. Associative A. The defense witness is called to testify

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B. After presentation of all witnesses
C. As ordered by the court to offer the testimony D.
The exhibits are formally offered

95. The kind of evidence, which is in controvertible is known as:


A. Object
B. Conclusive
C. Expert
D. Cumulative

96. That evidence which has a tendency in reason to establish


the probability or improbability of a fact in issue is known as A.
Relevant evidence
B. Material evidence
C. Competent evidence
D. Fact in issue
A.
Crime
B.

97. In what instance can alibi ( the weakest defense) acquire Deviance
commensurate strength in evidential value? C. Felony
A. When evidence for the prosecution is strong B. D. Delinquency
When it changes the burden of proof
C. Where no positive and proper identification has been 2. Who has the power to define and punish crimes? A.
satisfactorily made Church
D. When questions on whether or not accused committed the B. State
offense is clear C. Judiciary
D. Police
98. What kind of presumption involves the mental process by
which the existence of one fact is inferred from proof of some 3. What is this judicial tribunal designed to administer justice.
other facts.
A. Conclusive A. Office of the Ombudsman
B. Disputable B. Jury
C. Of fact C. Department of Justice
D. Of law D. Court

99. This is where CHR exerts effort to increase the level of 4. It is a platform of the CHR in voicing out their
understanding and awareness of the people of their rights and position,comments, and suggestions on matter relating to a
obligation as a citizen. different human right issues and advocacies.
A.Human Rights Promotion services A.Human Rights Promotion services
B.Human Rights Protection Services B.Human Rights Protection Services
C.Human Rights Violation Prevention Service C.Human Rights Violation Prevention Service
D.Human Rights Policy Advisory Services D.Human Rights Policy Advisory Services

100. This includes the mandate on the commission to 5. A negotiation between the defense counsel and the
investigate cases of HUMAN RIGHT VIOLATION. A.Human Rights prosecutor, aimed at reaching an agreement whereby the
Promotion services prosecutor uses discretion to obtain from the judge a lighter
B.Human Rights Protection Services sentence in exchange for the defendant’s entering a guilty plea.
C.Human Rights Violation Prevention Service a. arraignment
D.Human Rights Policy Ad visory Services b. preliminary investigation
c. pre-trial
PART 5 d. plea bargaining

1. What is the act, deemed socially harmful or dangerous, that 6. There are the services provided by the CHR in preventing
is specifically defined, prohibited, and punished under the human right violation in areas that have a high rate of human
criminal law rights abuse.
A.Human Rights Promotion services
B.Human Rights Protection Services D.Statutory Rights
C.Human Rights Violation Prevention Service
D.Human Rights Policy Advisory Services 11. The major function of the Prosecution component of the
Criminal Justice System.
7. These are the rights that are innate and inalienable A. Rehabilitate prisoners
pertaining to all human persons and given to him by his/her B. Represents the government in criminal cases C.
Creator. Enforce the law of the land
A. Basic Rights D. Sentencing of the accused
B.Constitutional Rights
C.Natural Rights 12. The ASEAN intergovernmental Commission on Human
D.Statutory Rights Rights.[AICHR] was inaugurated by the ASEAN Leaders on.
A.December, 06 2005
8. These are the rights conferred upon the individual by the B.October, 16 2008
Constitution and guaranteed by the same Constitution. A. Basic C.October, 23 2009
Rights D.December, 14 2007
B.Constitutional Rights
C.Natural Rights 13. The ASEAN intergovernmental Commission on Human
D.Statutory Rights Rights.[AICHR] was inaugurated by the ASEAN Leaders at the
15th ASEAN summit in what country?
9. These provides the basis for due process of law. A. A.Japan
Bible B.Thailand
B. Common Law C.Laos
C. Constitution D.Korea
D. PNP Law
14. This refers to the recital of the rights of a suspect during
10. These are the rights given by the laws passed by the custodial investigation.
legislative body. A. Bill of Rights
A. Basic Rights B. Miranda Warning
B.Constitutional Rights C. Code of Ethics
C.Natural Rights D. Policeman’s Code

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15. The Association of Southeast Asian Nation[ASEAN] adopted
the ASEAN Human Rights Declaration[AHRD} on. A.March 12
2013
B.December 06 2015
C.November 18 2012
D.April 22 2010

16. It carries the burden of proving the guilt of the accused in a


formal proceeding.
A. police
B. prosecution
C. court
D. preliminary investigation

17. This refers to a migrant worker who retains his or her


habitual residence in a neighboring State.
A.Seasonal Workers
B.Seafarer public order.
C.Frontier Worker A. Protection
D.Worker on an Offshore Installation B. crowd control
C. order maintenance
18. This refers to a migrant worker whose work by its character D. crime prevention
is dependent on seasonal conditions and is performed only
during part of the year. 23. This refers to a migrant worker who,having his or her
A.Seasonal Workers habitual residence in one state ,has to travel to another state or
B.Seafarer state for short periods.
C.Frontier Worker A.Project-tied Worker
D.Worker on an Offshore Installation B.Specified-employment Worker
C.Seafarer
19. This includes a fisherman,refers to a migrant worker D.Itinerant Worker
employed on board a vessel registered in a state of which he or
she is not a national. 24. This refers to a migrant worker admitted to a State of
A.Seasonal Workers employment for a defined period to work solely on a specific
B.Seafarer project being carried out in that State by his or her employer.
C.Frontier Worker A.Project-tied Worker
D.Worker on an Offshore Installation B.Specified-employment Worker
C.Seafarer
20. A statute enacted by Congress, penal in character, which is D.Itinerant Worker
not amendment to the Revise Penal Code such as Republic Acts,
Presidential Decrees and Memorandum Circulars. A. Special Law 25. This refers to a migrant worker.
B. Special Penal Laws A.Project-tied Worker
C. Common Law B.Specified-employment Worker
D. Amendment to the Revised Penal Code C.Seafarer
D.Itinerant Worker
21. This refers to a migrant worker employed on an offshore
under the jurisdiction of a state of which he or she is not a 26. All people can freely determine their political status and
national. pursue their economic ,social and cultural determination.
A.Seasonal Workers A.Equality and Non-discrimination
B.Seafarer B.Fair Trial Rights
C.Frontier Worker C.Self-determination and Self-subsistence
D.Worker on an Offshore Installation D.All of the above

22. A law enforcement function in order to preserve social and 27. Who are the gate keepers of Criminal Justice system? A.
Jail guard
B. Court B.Restoration or recognition of citizenship
C. Correction C.Right to reopening of criminal proceedings
D. Law enforcement D.Restoration of liberty

28. In Article 2,section 1 of ICCPR which state that each State 32. Person must be released,if the international jurisprudence
party undertakes to respect and to ensure to all individuals has found that the detention is in violation of international
within its territory and subject to its jurisdiction. A.Equality and human rights law or of prison sentences resulting from unfair
Non-discrimination trials.
B.Fair Trial Rights A.Restoration of legal rights
C.Self-determination and Self-subsistence B.Restoration or recognition of citizenship
D.All of the above C.Right to reopening of criminal proceedings
D.Restoration of liberty
29. It advocates fair trial rights ,as it states in Article 9 that no
one shall be subjected to arbitrary arrest or detention, and no 33. It is where someone is deprived of his or her nationality in
one shall be deprived of his liberty expect on such grounds and violation of international law ,restoration to original condition
accordance in procedure established by law. can be easily achieved.
A.Equality and Non-discrimination A.Restoration of legal rights
B.Fair Trial Rights B.Restoration or recognition of citizenship
C.Self-determination and Self-subsistence C.Right to reopening of criminal proceedings
D.All of the above D.Restoration of liberty

30. It is the convicted person right to re-trial or a right to 34. Deficiencies in the CJS can be manifested by the following
communication of sentence;pursuant to a miscarriage of justice. circumstances, except
A.Restoration of legal rights A. Poor linkage or relationship among the 5 pillars B. Poor image
B.Restoration or recognition of citizenship or credibility of and controversies in law enforcement
C.Right to reopening of criminal proceedings C. Widespread indifference and apathy of the community D.
D.Restoration of liberty Proper disposition of cases by the prosecution and court

31. It is the recognition of rights that were denied to the person 35. This includes freedom from forced labour,the rights to
as a result of a human rights violation. decide freely to accept or choose work and to fair wages and
A.Restoration of legal rights equal pay for equal work.

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A. The right to social security and social protection
B.Protection of and assistance to the family
C.Worker’s rights
D.The right to an adequate standard of living

36. All except one are the functions of the police which are part
of the knot of the major chain of the CJS.
A. crime suppression
B. crime investigation
C. case preparation
D. arrest of suspects
37. What is the course of action or process whereby accusations D. Department of the Interior and Local Government
are brought before a court of justice to determine the innocence
or guilt of the accused. Under Philippine jurisdiction it performs 41. A special court tasked to handle criminal cases involving
an executive function since it is under the Department of graft and corruption and other offenses committed by public
Justice. In the American System, to power to bring the offender officers and employees in connection with the performance of

to the ends of justices lies with the District Attorney a locally their functions.
elected position. A. Court of tax appeal
A. Prosecution B. Suppreme court
B. Court C. Court of appeal
C. Prosecutorial Action D. Sandiganbayan
D. Rehabilitation
42. It is otherwise known as the Barangay Justice System, as
38. This is a concept which involves teamwork with the citizenry amended.
in combating crimes and prevention of delinquency in the A. PD 1508
community. B. RA 7160
A. Policing C. PD 7160
B. Police community relations D. RA 1508
C. Team policing
D. Community Oriented Policing system 43. It is composed of the punong barangay, as chairman and
ten (10) to twenty (20) members, and shall be constituted every
39. Known as community oriented policing in its application in three (3) years in the manner provided herein. A. pangkat ng
the Philippine setting it has wide application in the Philippine barangay
National Police particularly in urban area. B. barangay justice
A. Law enforcement C. lupong tagapagkasundo
B. Participative law enforcement D. lupong tagapamayapa
C. Team policing
D. Participative citizen to the police 44. Which of the following is considered as the second line of
defense on crime fighting?
40. What agency of the state, government and community that A. crime prevention
is primarily responsible for maintaining public order and B. proactive measures
preventing and detecting crime, its fundamental mission is C. crime suppression
preventing crimes and preserving order by enforcing the law D. crime investigation
which was unchanged in ancient societies as it is today in
sophisticated urban environments? 45. Which of the following is the requisite of the issuing search
A. Enforcer warrant?
B. Police A. connected to a specific offense
C. Law enforcers B. determined by the prosecutor
C. based on probable D. integrating dangerous persons to the community
D. before examination under oath
50. A complaint was filed against Bong, a swindler. After
46. It is having a greater responsibility for maintaining the preliminary examination, the judge issued a warrant to arrest
peace than for law enforcement, and it is also considered as the him. PO1 Matos went to the house of Bong and arrested him.
gatekeepers of the criminal justice system. A. military When Bong demanded to see the arrest warrant, PO1 Matos
B. security replied that it will be shown later. What did PO1 Matos conduct?
C. police A. warrantless arrest
D. enforcement B. an illegal arrest
C. an illegal detention
47. It is defined as the management of conflict situations to D. a legal arrest
bring about consensual resolutions.
A. order maintenance 51. The Police seek to prevent crimes by being present in places
B. law enforcement where crimes might be committed and by alerting citizens to
C. none of these refrain from practices that make them or their property
D. crime investigation vulnerable.
A. law enforcement
48. It is the institution that provides community’s official B. public services
reaction to a convicted offender, such responsibility is a branch C. opportunity denial
of the administration of criminal justice, charge with the D. order maintenance
responsibility for custody, supervision and rehabilitation of the
convicted offender. 52. The society’s primary instrument for making known what
A. restorative justice acts are crimes and what sanctions may be applied to those
B. rehabilitation who commit acts defined as crimes.
C. restoration A. Media
D. correction B. Law
C. Ethics
49. Which among the following is not the general function of D. Traditions
the Criminal Justice System?
A. Preventing the commission of crimes 53. The following are the goals of the criminal justice system
B Protecting life, individual rights, and property C. Investigating, (CJS), EXCEPT…
apprehending, prosecuting and sentencing those who cannot be A. To make sure that there are no wrongful convictions and that
deterred from violating the rules of the society the right person is identified and convicted of the crime he/she
committed

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B. To develop cooperation and coordination among the
five pillars of the CJS so as to violate the social rights of
the suspects/respondents/accused/offenders C. To gain
and sustain the trust and confidence of the community, and
engage the community as an active and effective partner in
solving crime, and in facilitating the provision of remedies
particularly through restorative justice D. To develop capacity of
communities to demand accessible, speedy, impartial and
quality justice, and in particular the appropriate remedies for
their grievances.
54. Mr. Drunky in his intoxicated state attempted to rape Miss justice agencies, and probably the most complex and certainly,
Universe in an inhabited place but it happens that PO1 Runny the most controversial of all in the criminal process. A. court
was in his beat conducting patrol interrupting the attempt and pillar
arrested Mr. Drunky. Ms. Universe was in trauma state but still B. correction pillar
managed to file a case to Mr. Drunky. After the arrest was C. prosecution pillar
made, in what pillar of the criminal justice system Mr. Drunky D.
police
pillar

will be brought next?


A. community 59. It is of course the primary duty of the police. A.
B. prosecution enforcing the criminal law
C. correction B. prevention and control of crimes
D. court C. maintenance of peace and order
D. ensuring public safety and security
55. This process submits that the criminal behavior was due to
the gap between the criminal and the community. For this 60. It operates under the supervision and control of the
reason the offender must be assisted to strive hard to face the Department of Justice (DOJ).
forces of the society or community which will join upon his A. prosecution pillar of the CJS
release from jail/prison. B. National Prosecution Service
A. Rehabilitation C. City and Provincial Fiscal
B. isolation of prisoners D. Public Attorney’s Office
C. Re-integration
D. Purpose of sentencing 61. It is viewed as the machinery that sets in notion the
institution of action to establish the guilt of criminal offenders
56. In the entry stage into the criminal justice system, three and law violators.
kinds of decisions are made, EXCEPT: A. prosecution pillar
A. legal criteria B. city fiscal
B. decisions by victims C. state prosecutors
C. penal & special laws D. provincial fiscal
D. decisions by police 62. The principal mandate of the National Prosecution Service
(NPS) is, first--is to conduct speedy and efficient investigation
57. These are the most important models of the criminal justice and second is __________.
system, EXCEPT: A. conduct preliminary investigation
A. crime control & justice models B. representative of the state
B. due process & rehabilitative models C. prosecution of criminal cases
C. accusatorial and inquisitorial models D. defenders of the general public
D. non-intervention & restorative model
63. They are judicial tribunals exercising limited jurisdictions
58. Collectively, it is the largest and most visible of all criminal
over particular or specialized categories of action. A. special D. treatment ideology
courts
B. regular courts 68. The criminal justice system is not only an anti-crime
C. constitutional courts machinery of the government, but also essentially. A. an
D. quasi-judicial bodies instrument of social control
B. informal components of crime control
64. In the local setting, the regular courts engaged in the C. formal components of order maintenance
administration of justice are organized into four level, and the D. a different agencies of the government
highest is:
A. city/municipal courts 69. The CJS is wielded in an arena whose boundaries and “rules
B. regional trial court of warfare” are delineated and prescribed by __________ , it is
C. supreme court equally imperative for use to explore and familiarize ourselves
D. court of appeals with them.
A. legal parameters
65. The corrections in the local scenario have two-systems B. constitutional laws
based approaches, one is the institution-based and two is: A. C. judicial basis
community-based corrections D. criminal procedure
B. jail confinement & treatment
C. probation and parole system 70. The criminal justice process may be also viewed as a
D. privatized corrections __________ through which cases are screened; some are
advanced to the next level, and others are either rejected. A.
66. It is a relatively new concept based on the correctional goal funnel of sleeve
of inmate re-integration into the community. A. justice model B. wedding cake
B. reform model C. filtering process
C. community model D. none of these
D. medical model
71. It shall be constituted for each dispute brought before the
67. Underlying the field of corrections are three basis ideologies lupon, consisting of three (3) members who shall be chosen by
regarding the social responses to illegal behavior and the the parties to the dispute.
offenders. These ideologies are as follows, EXCEPT: A. A. pangkat ng barangay
punishment ideology B. baragnay justice
B. re-integration ideology C. pangkat tagapagkasundo
C. prevention ideology D. lupong tagapamayapa

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72. They shall render legal advice on matters involving
questions of law to the punong barangay or any lupon or
pangkat member whenever necessary in the exercise of his
functions in the administration of the katarungang
pambarangay, EXCEPT:
A. provincial legal officers
B. city/municipal legal officers
C. city/provincial prosecutors
D. city/municipal/regional trial judges

73. All the proceedings for settlement in the barangay justice


system shall be:
A. made in open court
B. private and formal
C. public and informal
D. close door & discreet
74. The pursuit of criminal justice is, like all forms of "justice", 78. What will happen to the arraignment if the accused appears
"fairness" or "process", essentially to the pursuit of an ideal to be suffering from an unsound mental condition which
__________. effectively renders him unable to fully understand to changes
A. adversarial system against him?
B. accusatorial system A. Suspend
C. inquisitorial system B. Terminated
D. mixed systems C. Waived
D. Commenced
75. The caveat for the criminal justice system is, “democracy
cannot be saved by destroying it,” this means that the 79. The pillar of the CJS which is not under the executive
__________ and respect for the basic freedom and human branch of the government.
rights of the citizenry shall always be upheld and safeguarded, a. law enforcement
no matter why, what or when. b. prosecution
A. rules of law c. court
B. legal parameters d. correction
C. legal basis
D. criminal law 80. This document is required by the Prosecutor’s Office before
it can entertain a complaint on a case covered by the Barangay
76. This principal character of the criminal justice process links Court.
all components of the CJS. a. Certificate of Non-Settlement
a. Offender b. Amicable Settlement
b. Crime c. Certificate to file action
c. Victim d. complaint affidavit
d. Witness 81. During trial of a criminal case, it is the prosecutor who
directs the prosecution of the offense and he/she did it on the
77. PO1 Elmer has witnessed an actual commission of a crime behalf of the state. Once a case is elevated to the higher court
and promptly arrested the perpetrator even without a warrant such as Court of Appeals, who represents the State in the
and hasn’t stated his rights due to some inevitable prosecution of the offense?
circumstances regarding the apprehension made. Which of the a. Chief State Prosecutor
following inevitable circumstances for not stating the rights b. National or provincial prosecutor
might be applicable in the situation stated above? c. Judge
A. the distance of PO1 Elmer from the scene d. Solicitor General
B. traffic congestion
C. hostility of the perpetrator 82. It is the power to apply the laws to contests or disputes
D. involvement of the more than one perpetrator concerning legally recognized rights or duties of and between
the state and the private persons or between individual litigants
in cases properly brought before the judicial tribunals.
a. Power of Judicial Review b. Corrections
b. Judicial Power c. Prosecution
c. Jurisdiction d. Courts
d. Preliminary Investigation
87. This criminal justice model is based on the idea that the
83. This involves the use of punitive and disciplinary measures most important function of the CJS is the protection of the
such as solitary confinement to modify or reform criminal public and the repression of criminal conduct.
behavior whose conduct and deportment is not totally a. Crime prevention
responding to rehabilitation programs. b. Crime control
a. Isolation c. Law and order
b. Rehabilitation d. Due process
c. Reformation
d. Reintegration 88. Refers to the person who is being implicated to the
commission of a crime and subject of an investigation. a. Convict
84. It is a warrant issued by a court bearing its seal and the b. respondent
signature of the judge directing the jail or prison authorities to c. Accused
receive the convicted offender for service of sentence. a. d. suspect
Warrant of Arrest
b. Commitment Order 89. This court was established by virtue of ____________,
c. Mittimus otherwise known as “Code of Muslim Personal Laws of the
d. All of these Philippines”.
a. PD 1606
85. It is the suffering that is inflicted by the state for the b. Shari’a Court
transgression of the law. c. PD 1083
a. penalty d. Family Court
b. exemplarity
c. punishment 90. An agency under the Department of Justice (DOJ) that is
d. self-defense charged with custodyand rehabilitation of national offenders. a.
Bureau of Corrections
86. Which of the following is NOT included in the components of b. National Bilibid Prison
criminal justice system of the United States? a. Law enforcement c. BJMP

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d. All of the above

91. A person who is under custodial investigation is basically


protected by a number of rights mandated under the
constitution and this was even expounded in the legislative
act known as ________?
A. R.A. 7843
B. R.A. 7348
C. R.A. 7438
D. R.A. 3748

92. In the Philippine Criminal Justice System, it is considered


as the final arbiter for justice.
a. Supreme Court
b. Correction
c. Court
d. Community
93. This refers to a person convicted by a competent court
for committing crime.
A. Criminal
B. Delinquent
C. Law breakers
D. Offender

94. The major function of the Prosecution component of the


Criminal Justice System.
A. Rehabilitate prisoners
B. Represents the government in criminal
cases C. Enforce the law of the land
D. Sentencing of the accused

95. Who has the power to define and punish


crimes? A. Church
B. State
C. Judiciary
D. Police

96. What refers to the process of eliminating or reducing the


desire and opportunity to commit crime.
A. Crime Suppression
B. Crime Prevention
C. Law Enforcement
D. Order Maintenance

97. It carries the burden of proving the guilt of the accused


in a formal proceeding.
A. police
B. prosecution
C. court
D. preliminary investigation

98. It is term as the relationship between the victim and the


offender.
A. Penal Couple
B. Married Couple
C. Crime-Suit Couple
D. None of these

99. The police is an agency of the.


A. State
B. Government
C. Community
D. All of these

100. The primary and major output of the Criminal Justice


System is:
A. Law
B. Rehabilitation
C. Justice
D. Correction

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