Criminal Law and Juriprudence
Criminal Law and Juriprudence
Criminal Law and Juriprudence
2. Which is the law enacted by congress that imposes a penalty , other than the Revised Penal Code?
4. When the criminal law appears to be capable of being given to interpretations which seem to favor or
against the accused , such law shall ______?
a. be declared unconstitutional
5. The following are elements of the frustrated stage in the commission of the crime, EXCEPT _____
6.
7. The new and independent act which is the immediate cause of the injury and which breaks the
connection between the original wrong and the injury referred to as the _____case?
8. HIPOLITO is charge for a crime in violation of R.A. 9262( Ant-Violence Against Women and Their
Children). What is the nature of the crime committed by HIPOLITO?
a. Mala ense b. Revised Penal Code c. Special Penal Laws d. Mala Prohibita
9. What is this PHASE in the commission of the CRIME when person did not stop the commission of the
crime because of spontaneous desistance or because of the presence of the police until he performs all
the acts of execution but does not produce the felony?
10. When a Filipino killed a Chinese on board a vessel bearing the flag of Mexico while the vessel is in
Philippine water or territory, may the criminal law of the Philippine may apply?
a. No, because the killing happened on board a Mexican registered vessel.
d. Yes, because the killing happened within the Philippine waters or territory.
11. To be considered a conspirator in a criminal case , the following are true, EXCEPT one ____?
c. need not even know the exact part to be perform by the others
12. LEBRON killed ELLEN by also ensuring that ELLEN cannot retaliate or cause harm against him. Which
is the applicable modifying circumstance?
13. What is this justifying circumstances wherein the accused, in making the defense must not be
induced by revenge or ill motive?
14. In killing CARDO, HIPOLITO use the presence of 4 of his relatives to ensure that CARDO cannot
retaliate against him. Which is the applicable modifying circumstance?
15. What is the exempting circumstances which is based on Impossibility of performance required by
law?
a. Mistake of Identity
d. Mistake of Facts.
16. In the exempting circumstance of compulsion of irresistible force , the physical force must come
from the _____?
17. What is this exempting circumstances wherein the basis of exemption is the age of the oofender?
a. Age of absolute criminal irresponsibility
18. In the exempting circumstances of compulsion of irresistible force must be in the form of ____
19. What is this justifying circumstances wherein the person assaulted is related to the accused by
consanguinity within the fourth degree?
20. THIRDY committed a grave offense. KOBE arrested THIRDY without a warrant. Due to the distance of
the place of arrest to the office of the Provincial Prosecutor , the information was filled more than three
days after the arrest. THIRDAY remain after the custody of the police. Suppose that you are KOBE, and
you are charge with arbitrary detention under Article 125 of the Revised Penal Code . Hiow would you
defense yourself?
b. None of these
a. The crime committed has penalty of imprisonment ranging from 30 days and 1 day to 6 years.
c. The crime committed has penalty of imprisonment is at least 6 years and 1 day.
d. The crime committed has penalty of imprisonment of at least 4 years and 1 day.
c. The crime committed as a penalty of imprisonment ranging from 30 days and 1 day to 6 years.
26. Piracy under article 122 of the Revised Pena; code , as may be distinguished from P.D 532, can be
committed only _____.
27. A police officer entered in a house of another. There is a signage prohibiting anyone to enter
without the permission of the owner, when can the police officer be liable for the violation of domicile?
a. He will be liable only once the owner noticed his entry without consent.
b. He will not be liable unless told to leave by the owner of the house.
c. He will be liable unless the owner gives his consent once discovered.
d. The police officer will be liable the very moment of his/her entry .
29. CARDO, a police officer , arrested HIPOLITO withput a warrant for the commission of crime . Whis is
NOT one of the element that will constitute arbitrary detention?
30. When the object of movement is completely to overthrow and supersede the existing government,
this is ____
31. JAYBEE, a convicted person deprived of liberty along with other PDLs escaped because of confusion
brought about by the riot that happened inside Malaking Lupa Correctional Institution , JAYBEE did not
participate in the said riot . Because of the riot and escape of hardened prisoners , the President
declared a national emergency. Did JAYPEE commit a crime, if any?
a. Yes, for evasion of service sentence.
b. Not yet. He is liable if he fails to return within 48 hours when the president declares that the national
emergency is over.
c. Yes, for evasion of service of sentence from the time the President declares that such an escape is a
national emergency.
32. Which is committed by giving to a treasury or bank note or any instrument payable to bearer or to
order the appearance of a true and genuine document?
34. Which crime is committed by a public officer who shall agree to perform an act constituting a crime
in connection with the performance of his official functions in consideration of a gift, offer or promise?
35. Which are the acts by public officer in connection with his official function by which direct bribery
maybe committed?
3. BY refraining from doing something which is his official duty in consideration of a gift or promise.
37. To be able to avail of the mitigating circumstances of concealing dishonor of the crime abortion the
offender must be ____
39. An uncle/antie who shall kill his/her nephews who is just three days old shall ____
40. Intent to kill is an element to the crime of Homicide of which is presumed from____
41. CARLOS seriously ignores the authority of PAT CARDO. The latter reacted by looking angrily at
CARLOS and draw his firearm without pointing it to the CARLOS . Which of the following crime may PAT
CARDO be liable?
42. The offender killed the victim by shooting the latter in a sudden and unexpected manner. This
circumstances is considered as _____
43. The offender, by means of fire arm , shot the offended person who was then sitting by the terrace of
the house without the intent to kill. Obviously, the offended person was not hit. The crime committed is
____?
c. all of these
d. the offender must not have entered the house or the building
44. CURRY deprived PAUL of his killing of his liberty, CURRY is a private individual , PAUL is a
government employee. The investigation revealed that the deprivation of the liberty is without legal
ground and for a period of more than 3 days . What is the crime committed by CURRY?
45. To constitute a crime of Kidnaping and serious illegal detention , one of the elements is that the
offender must kidnap or detain the offended person for ____
46. KAI wanted to sing the song “May way” in a Karaoke Bar . He was prevented by RAVENA. Which opf
the following act of RAVENA may constitute as a crime of grave coercion?
b. None of these
d. RAVENA preventing KAI to sing by means of threats of filing a criminal case against KAI
47. CAR LOS and KAI took the cellphone from ELIA ZAR with intimidation. PSSG CARDO responded and
exchange gunfire with CAR LOS and KAI. Unfortunately , PSSG CARDO, was hit and killed by KAI,
resulting to the death of the latter. What is the crime committed by CARLOS, if any?
48. The requirement of violence against or intimidation of person in the crime of robbery must be
present ____?
c. all of these
d. after the taking of the personal property from the offended person
49. CARLOS took the cellphone from ELA ZAR with intimidation . CAR LOS speed away with using his
motor vehicle which run over ELLEN , the daughter of CAR LOS , resulting to the death of the latter.
What is the crime committed by CARLOS, if any?
50. The element of using force upon things in the crime of Robbery requires that ____?
51. KAI entered the house of RAMOS since the door is open, KAI took the cellphone of RAMOS. When
KAI about to leave the house , RAMOS arrived and discovered that the cellphone has been taken by KAI.
The later brandished a knife against RAMOS and KAI was able to speed away. Which is the crime
committed by KAI?
52. Looking from the outside , KAI saw the cellphone of KOBE on top of the sofa. Since the door of
KOBE’s house was open, KAI entered the house of KOBE and took the cellphone. Which of the crime is
committed?
53. Which of the crime committed by any husband who shall have sexual intercourse under scandalous
circumstances with another woman who is not his wife?
54. The accused with lewd design brought a woman who is a minor in a secluded place but with the
consent of the latter . The accused is liable for the crime of _____?
IV. That the second or subsequent marriage has all the essential requisites for validity
57. Atty KAI sent a letter to the chief of Police regarding certain anomaly and ask that it be looked
Into and corrected. Upon investigation conducted, it turned out that the alleged anomaly complained of
is unsubstantiated. Did Atty. KAI committed a libelous complained?
a. None of these
b. Yes, because of the chief of Police conducted an investigation and found that the complain is
unsubstantiated.
c. No, this is an exception because it is the duty of the citizen to call upon the attention of the public
officers.
58. Which is this public and malicious imputation of a crime , or a vice or a defect ?
61. What is this evidence which admission is dependent on its being obtained legally?
63. In the hierarchy of evidence , which evidence is considered as the most reliable because its physical
appearance cannot lie ?
64. Which is evidence that is also called outside or extrinsic evidence which is introduced or submitted
to modify or explain or add to the term of an agreement ?
67. Which is this acknowledgement of gift by the person made before a police officer during the conduct
of an official investigation?
a. Extra Judicial Admission b. Judicial Admission c. Extra judicial Confession d. Judicial Confession
68. The accused may prove his good moral character which is ____
c. of judicial knowledge
69. The following are the elements of dying declaration, EXCEPT _____
70. CARDO is merely 6 years old . Which of the following statement BEST describes the qualification of
CARDO as a witness?
71. What is this opinion of a witness on a matter requiring special knowledge, skill experience of
training?
a. Opinion of specialist b. Opinion of court c. Opinion of expert witness d. Opinion of an ordinary
witness.
72. An accused was charge for homicide. He interposes the justifying circumstances of self defense. In
such case, the burden of proof_____
74. The following are the instances in which the testimony of the witness may be impeached, EXCEPT
by____
a. evidence that the general reputation of the witness for truth, honesty or integrity is bad
b. contradictory evidence
c. evidence that witness has made at other time statement inconsistent with present testimony
75. The obligation to present its witness first belong to the accused, if _____
b. None of these
c. Public records, kept in the Philippines, of private documents required of the law
d. The written official acts, or records of the official acts of the sovereign authority
77. When is authentication of a private document which is offered in evidence NOT required ?
I. When it offered as an authentic document.
II. When it is more than 30 produced from custody in which it would naturally be found if genuine, and is
unblemished by any alteration or circumstances of suspension.
III. When it is less than 30 years old at the time of its presentation.
a. I, II b. II, III c. I d. II
78. The evidence of the same kind and tending to prove the same facts is ____ evidence.
79. When the witness affirms that a fact did or did not exist or occur, this is referred to as _____
80. The effect of failure to prove the guilt of the accused beyond the reasonable doubt ____
a.the finding of civil liability b. none of these c.The dismissal of the case
81. The Metropolitan Trial Court, The Municipal Trial Court or Municipal Circuit Trial Court has
jurisdiction over case the penalty of which is imprisonment of____?
a. 6 years and 1 day b. not exceeding 6 years c. 4 years, 2 months and 1 day d. 12 years or more
82. The crime committed is in violation of RA 3019 or the Anti-Graft and Corrupt Practices as amended.
The offender is a government employee with a salary grade of lower than 27 . The penalty is lower that
6 years. Which court should have jurisdiction over the case.
a. Sandiganbayan b. Municipal Trail Court c. Regional Trail Court d. Metropolital Trial Court
83. A criminal case has been filed against the offender. The warrant of arrest has been issued already
and now in your office for service. The offender is still at large. Taking into consideration the situation,
which of the following is the BEST legal reason why the police officer needs to effect the arrest of the
accused?
a. Arrest of the accused is important so that the court may take jurisdiction over the person of the
accused.
b. all of these
c. Arrest is important so that the justice may now be achieved by the complainant.
d. Arrest is important for the court to do its job and hold the accused for trial.
84.The crime committed by JOAQIN is punishable by imprisonment of prison Mayor. The crime was
committed in Metro Manila, Where should CARDO file the criminal complaint.
85. An individual approach and ask you how to file a case against another. The act complained of
happened more than 1 week ago. Upon initial inquiry , you learned that the act complained is
punishable with imprisonment of not more than 6 years but not lower than 4 years and 2 months. What
will be your advice?
a. To proceed with the different filling of the case before the prosecutors office for the conduct of
preliminary investigation.
c. To proceed with the complaint before the police station and request that a warrantless arrest be
conducted.
d. To file the case directly with the Regional Trial Court or Municipal Trial Court.
86. The crime committed by punishable imprisonment of 4 years , 2 months and less. The crime was
committed in Metro Manila or Chartered Cities . Where should the complaint be filed to initiate the
criminal action<
87. Acting on the tip of information that CURY, HARDEN, THOMPSON and DURANT are having a pot
session inside CURRY’s house , Police staff Sergeant CARDO with his team went to CURRY’s house and
through a small opening of the door confirming the pot session, they arrested CURRY, ET. AL. without a
search warrant. Was the search and arrest conducted by the Police Sergeant CARDO is legal?
b. Yes, because the information given the informant was confirmed when they peek from the small door
opening.
c. No, because they do not have the search warrant which is required by the constitution and the Rules.
88. The police officer effecting the arrest is locked up inside a house or building. What does the rules
allow a police officer to do?
a. The police officer may wait for the owner of the house or building to open the door or window.
d. The police officer may break the door or window in order to free him/herself.
89. A person who is lawfully arrested may be searched for anything ___
c. which may have been used or constitute proof in the commission of the oofense.
90. The accused participated in the trial of the case despite belief that the arrest on his person is
irregular. What is the effect of that participation in the trial?
a. The accused is deemed to have waived his right to question the irregularity of the arrest on his
person.
b. The accused can still question the validity of the arrest as iti is constitutional right.
c. The court may allow the accused to raise that question relative to the arrest at any time during the
trial of the case.
d. The accuse cannot anymore question the validity of the arrest as he deemed to have surrebndred to
the court.
91. The search warrant may be issued by the court only upon the findings of the following , EXCEPT;
a. the applicant police office has the personal knowledge of the facts upon which the issuance of search
is sought.
c. the issuance of warrant must be based on the sound judgment of the court that issues the same
d. the witness of the applicant has personal knowledge of the fact upon which the issuance of search is
sought.
92. YORME committed a crime which is punishable by imprisonment of at least 4 years , 2 months and 1
day . The crime was committed in Metro Manila . YORME is not yet arrested . Where should the
complaint be filled to initiate the criminal action against YORME?
c. At the police station to conduct of warrantless arrest and subsequent inquest proceedings.
d. At the appropriate City prosecutor’s office for the conduct of preliminary investigation.
93.The person is arrested without a warrant . The penalty of imprisonment of at least 4 years, 2 months
and 1 day. His request for preliminary investigation was granted. Under the rules , how many days
should the preliminary investigation be conducted and terminated?
a. Within 39 days from the time the preliminary investigation was conducted.
b. Within 15 days from the time the preliminary investigation was conducted.
c. Until such time the prosecutor may reasonable finish the investigation.
d. Within 60 days from the time the preliminary investigation was conducted.
94. Which is of the following is the right of the person before or during the examination in open court?
95. During the stages of the trial , the accused has the right for the assistance of ___
96. After the decision was redeemed by the court disposing the case, which of the following allow the
revisiting the decision based on the evidence presented and of the ruling of the court?
a. Motion of new hearing b. Motion of reconsideration c. Petition for probation d. Motion for
new trial
97. In order to know the evidence to be presented nby the prosecution and the accused during the trial ,
what process is required for this purpose?
b. Trial d. Pre-Trial
98. The proceeding in court were the prosecution and the accused mat agree on matters that will
promote a fair and expeditious trial of the case is ______
99. During the arraignment the following are present in court, whose presence is indispensable without
which there CANNOT BE arraignment done?
a. The presence of the counsel of the accused which is his own choice.
b. The public attorneys who are usually the substitute counsel for arraignment purposes
c. The presence of the accused because it is his time to be informed of the nature and cause of
accusation against him.
d. None of this.
100. After arraignment and Pre-trial, the accused did not appear in court anymore. Despite due notice
and issuance of warrant for his arrest, the accused still failed to appear. Can the court continue with the
trial of the case?
a. None of these .
b. Yes, the court can proceed with the trial of the case dispensing the presentation of the evidence of
the accused.
c. No, the court cannot proceed with the trial of the case because the accused has the right to confront
the witness.
d. Yes, the court can proceed with the trial of the case in absentia of the accused.