Criminal Jurisprudence

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CRIMINAL JURISPRUDENCE

1. The degree of proof which produces in an unprejudiced mind, that moral certainty that the
accused indeed committed the offense charged.
a. Weight of evidence
b. Sufficiency of evidence
c. Preponderance of evidence
d. Proof beyond reasonable doubt
2. When is the offer of testimonial evidence made?
a. Before the testimony of the witness
b. After the testimony
c. At the time the witness is called to testify
d. After the oath taken by the witness
3. Who among the following may be used to prove the handwriting of a person in open court?
a. Secretary of the accused for 10 years
b. A “questioned document” examiner
c. Friend & co-employee of the accused for 10 years
d. Any or all of the above
4. When a witness affirms the a facts did or did not occur, such testimony is?
a. Relevant evidence
b. Material evidence
c. Positive evidence
d. Negative Evidence
5. Cognizance of certain facts with Judges may properly take as a fact because they are already
known to them.
A. Cognizance
B. Judicial admission
C. Judicial knowledge
D. Judicial notice
6. That kind of evidence which cannot be rebutted or overcome by any other evidence.
a. Primary
b. Best
c. Real
d. Conclusive
7. Evidence which is sufficient to prove an issue unless overcome or rebutted by other evidence.
a. Primary
b. Secondary
c. Prima Facie
d. Best
8. Additional evidence of a different kind accused to prove the same fact.
a. Real
b. Cumulative
c. Corroborative
d. Circumstances
9. The wife dies before the she could institute a criminal action for concubinage against her
husband and his concubine. The case may:
a. Still be prosecuted
b. Be prosecuted by the state
c. No longer be prosecuted
d. Be prosecuted by the wife’s parent’s
10. Even if the offended party is a minor, she can initiate the prosecution for the crime of seduction.
This statement is:
a. Partly true
b. Partly false
c. Totally true
d. Totally false
11. The MTC shall exercise exclusive original jurisdiction over all offenses punishable with
imprisonment:
a. Not exceeding 6 years
b. Not exceeding 4 years and 2 months
c. Not exceeding 4 years
d. Not exceeding 6 months
12. The following are the requisites before a court can validly exercise jurisdiction EXCEPT:
a. It must have jurisdiction over the investigation
b. It must have jurisdiction over the person of the accused
c. It must have jurisdiction over the territory where the offense was committed.
13. Who among the following is not authorized to conduct a preliminary investigation>
a. PNP Chief
b. Chief Prosecutors
c. Provincial Prosecutors
d. None of the above
14. When can arrest be made?
a. At any day
b. At any time of the day
c. At any time of the night
d. At any time of the day or night
15. The adjudication by the court that the accused is guilty or not, and the imposition of the proper
penalty and civil liability provided for by law on the accused.
a. Conviction
b. Judgement
c. Decision
d. Conclusion
16. Is the security given for the temporary release of a person in the custody of the law.
a. Bond
b. Bail
c. Survey
d. Insurance
17. In complex crimes, the penalty imposed by law is:
a. The penalty for the most serious crime
b. The penalty for the less serious crime
c. The penalty lower in degree, of the most serious offense
d. The penalty higher in degree, of the less serious offense
18. Mental capacity to fully appreciate the consequences of an unlawful act.
a. Understanding
b. Lucid interval
c. Discernment
d. Perception
19. The moving power which impels one to action for a definite act.
a. Intent
b. Motive
c. Deceit
d. Fault
20. A person who shall commit a felony while serving his sentence for a previous conviction.
a. Recidivist
b. Delinquent
c. Habitual delinquent
d. Quasi-recidivist
21. Aggravating circumstance which come in the commission of the crime.
a. Generic
b. Specific
c. Qualifying
d. Inherent
22. Aggravating circumstance which apply only to particular crimes.
a. Generic
b. Specific
c. Qualifying
d. Inherent
23. A policeman who persuades another person to commit a felony and thereafter arrests him
during or after commission commits?
a. Instigation
b. Entrapment
c. Conspiracy
d. Proposal
24. An assault or a threatened assault of an immediate nature.
a. Intent
b. Culpa
c. Dolo
d. Unlawful aggression
25. A quality in which an act may be ascribed to a person as its author or owner.
a. Imputability
b. Culpability
c. Liability
d. Responsibility
26. Refers to the obligation of sufferings which are the consequences of a crime.
a. Imputability
b. Culpability
c. Liability
d. Responsibility
27. What must be considered in determining whether the crime committed is attempted, frustrated
or consummated?
a. Nature of the offense
b. Elements constituting the felony
c. Manner of commission
d. All of the above
28. A physical activity or deed, indicating the intention to commit a particular crime.
a. Intent
b. Act
c. Omission
d. Overt act
29. When a warning to commit a wrong not constituting a crime is made by one to another, what
crime is committed?
a. Grave threats
b. Light threats
c. Grave Coercion
d. Light Coercion
30. Any creditors who, by means of violence, shall seize anything belongings to his debtor for the
purpose of applying the same to the payment of a debt commits?
a. Grave Threats
b. Light Threats
c. Grave Coercion
d. Light Coercion
31. Mr. A took several jewelry from a room by entering through the window without, however,
breaking it. A is liable for?
a. Robbery
b. Theft
c. Qualified theft
d. Estafa
32. A genuine key stolen from the owner is considered as a?
a. False key
b. Hot item
c. Stolen item
d. Picklock
33. Unlawful extortion of money by threats of accusations or exposure.
a. Slander
b. Libel
c. Coercion
d. Blackmail
34. It is committed by a person who, under oath, is required to testify as to the truth of a certain
matter, denies the truth or says something contrary to it.
a. Forgery
b. Perjury
c. Falsification
d. False testimony
35. What scope of application of the Revised Penal Code shall apply to public officers or employees
who commit an offense in the exercise of their function?
a. Intraterritorial
b. Extraterritorial
c. Both of the above
d. None of the above
36. The rule on foreign merchant vessels which provides that mere possession of drugs is
punishable.
a. “In Transit”
b. “Not in Transit
c. Both of the above
d. None of the above
37. Criminal intent is disputably presumed from the mere doing of a wrongful act. It does not
require proof. The burden is upon the wrongdoer to prove that he acted without criminal intent.
a. General
b. Specific
c. Inherent
d. Qualifying
38. In a criminal case for Attempted Homicide where the victim is not physically injured at all, ___
criminal intent is a burden addressed to the prosecution.
a. General
b. Specific
c. Inherent
d. Qualifying
39. Which among the following situations is not contemplated in “mistake” under Article 4,
paragraph 1, Revised Penal Code?
a. Mistake of fact
b. Aberration ictus
c. Praeter intentionem
d. Error in Personae
40. It generally gives rise to a complex crime. The penalty for the more m serious crime is imposed in
the maximum period.
a. Impossible crime
b. Slight Physical Injuries
c. Unjust Vexation
d. None
41. External acts which, if continued, will logically result in a felony. It is the st of criminal liability.
a. Criminal intent
b. Over act
c. Unlawful aggression
d. All of the above
42. Even if there is conspiracy, if a co-conspirator merely cooperated with insignificant or minimal
acts, such co-conspirator should be punished as accomplice only, EXCWEPT when the felony
constitute a
a. Composite crime
b. Complex crime
c. Compound crime
d. All of the above
43. In infanticide, concealment of dishonor is an extenuating circumstance to the?
a. Maternal grandparents
b. Unwed mother
c. Maternal grandparents and unwed mother
d. None of the above
44. A sister-in-law is a relative under Article 11, Revised Penal Code.
a. True
b. False
c. Partly true
d. Partly false
45. In the felonies of Theft, Estafa and Malicious Mischief, there is no criminal liability if the offender
is a brother-in-law of the offended party.
a. True
b. False
c. Partly true
d. Partly false
46. Once intoxication is established by satisfactory evidence, it is disputably presumed as?
a. Habitual
b. Non-habitual
c. Any of the above
d. None of the above
47. A and B, after robbing a 7-11 store, decided to kill the store clerk to dispose of any witness. What
crime did they commit?
a. Robbery
b. Robbery and homicide
c. Homicide
d. Robbery with homicide
48. A too B’s bag while walking along the crowded street in Quiapo. However, an undercover cop
immediately apprehended A. what crime did A commit?
a. Attempted theft
b. Frustrated theft
c. Consummated theft
d. None of the above
49. A PNP member who entered the dwelling of X against the latter’s will to search for firearms is
liable for?
a. Violation of domicile
b. Trespass to dwelling
c. Expulsion
d. Abuse of authority
50. A PNP member who refrains from arresting X for committing a murder in exchange for money is
liable for?
a. Direct bribery
b. Indirect Bribery
c. Qualified Bribery
d. Corruption
51. A PNP membe4r inflicted physical injuries on a detainee to obtain information in the commission
of a crime. What is crime did he commit?
a. Physical Injuries
b. Maltreatment of Prisoners
c. Misfeasance
d. Malfeasance
52. A threatened to kill B if the latter will not give him Php 10,000.00. What crime did A commit?
a. Grave threats
b. Grave Coercion
c. Light Threats
d. Light Coercion
53. X stole a Rolex watch from a locker by means of the key of the owner. What crime did he
commit?
a. Theft
b. Robbery
c. Possession of picklock
d. Possession of false key
54. X was able to have carnal knowledge of his girlfriend while the latter was drunk. What crime did
X commit?
a. Act of Lasciviousness
b. Rape
c. Qualifies Seduction
d. None of these
55. R raped W in the presence of W’s auntie-in-law. What crime did R commit?
a. Rape
b. Qualified rape
c. Rape by sexual assault
d. Any of the above
56. X forcibly abducted Y and attempted to rape the latter. What crime did X commit?
a. Forcible Abduction and Attempted Rape
b. Forcible Abduction and Attempted Rape
c. Forcible Abduction
d. Attempted Rape
57. X kidnapped children A, B and C and asked for ransom from their parents. When the parents
failed to give the ransom money, X killed A, b and C. what crime/s did X commit?
a. Kidnapping with Murder
b. Kidnapping with Homicide
c. Kidnapping with Multiple Murder
d. Kidnapping with Multiple Homicide
58. The husband has for a long time physically and mentally tortured his wife. After one episode of
beating, the wife took the husband’s gun and shot him dead. Under the circumstances, her act
constitutes?
a. Mitigating vindication of grave offense
b. Battering woman syndrome, a complete self-defense
c. Incomplete Self-defense
d. Mitigating passion and obfuscation
59. A police officer placed a hood on the head of W, a suspected drug pusher, and watch as Y and Z,
police trainees, beat u and tortured W to get his confession. X is liable as/
a. An accomplice in violation of the Anti-Torture Act
b. A principal in violation of the anti-Torture Act
c. A principal in violation of the Anti-Hazing Law
d. An accomplice in violation of the Anti-Hazing Law
60. X killed b mistakenly believing that she was his wife, upon surprising her having sex with another
man in a motel room. What is the criminal liability of X?
a. None since he killed her under exceptional circumstances
b. None since he acted under a mistake fact
c. Parricide
d. Homicide
61. The three accused forcibly took their victim from his car but the latter succeeded in freeing
himself from their grip. What crime did the three commits?
a. Forcibly Abduction
b. Frustrated Kidnapping
c. Attempted kidnapping
d. Grave Coercion
62. X inflicted violent kicks on vital parts of E’s body. E nevertheless, was able to flee for fear of his
life. Refusing to undergo treatment for his injuries. E died 3 days later. Is X liable for E’s death?
a. No, since kicks on the body cannot cause death
b. No, since it took too long for death to occur
c. Yes, since E cannot be compelled to undergo medical treatment
d. Yes, since it was a natural result of the injuries X inflicted on E
63. What crime is committed by a person who kills less than three-day old baby?
a. Infanticide
b. Homicide
c. Murder
d. Parricide
64. It is a wrongful act which would be an offense against person or property we. It is not for the
inherent impossibility of its accomplishment or an account the employment of the inadequate or
ineffectual means.
a. Impossible crime
b. Frustrated
c. Consummated
d. Attempted
65. In the stages of execution of a felony, all elements necessary for its execution and
accomplishment are present?
a. Impossible crime
b. Frustrated
c. Consummated
d. Attempted
66. When the offender has performed all the acts of execution to produce the felony as a
consequence but the crime does not result due to some causes independent of the will of the
offender?
a. Impossible crime
b. Frustrated
c. Consummated
d. Attempted
67. When the offender begins the commission of the felony by direct by overt by acts but does not
perform all the acts of execution which should produce the felony as a consequence by reason of
some cause or accident other than his own spontaneous desistance?
a. Impossible crime
b. Frustrated
c. Consummated
d. Attempted
68. In appeals before the Court of appeals, the People of the Philippines is to be represented by:
a. The Director of the National Bureau of Investigation in crimes cases involving trafficking in
persons:
b. Director general of the PNP in crimes investigated by the CIDG:
c. The Office of the Prosecutor General:
d. The Office of the Solicitor General
69. Where an offense is committed on board a passenger bus from Manila to Vigan City, Ilocos Sur,
the criminal action shall be instituted in:
a. Manila Only;
b. Caloocan City only;
c. In Vigan City to the exclusion of other courts:
d. In the Court of any territory where such bus passed during its trip, including the place of its
departure and arrival.
70. A person arrested without warrant shall be forth with delivered:
a. To the inquest prosecutor:
b. To the nearest police station:
c. To the executive judge to avoid being prosecuted for arbitrary detention:
d. Lawyers in the Legal Office of the Commission on Elections
71. The Judicial Affidavit Rule was adopted in order to reduce time needed for:
a. The preparation of affidavits before the police investigator
b. The conduct preliminary investigation before the prosecutor
c. Completing the testimonies of the witnesses in case under litigation
72. The questions asked by the presiding judge either during the direct or cross examination is called
a. Discretionary Questions
b. Bench Questions
c. Judicial Questions
d. Clarificatory Questions
73. The Judicial Affidavit Rule shall apply to criminal actions:
a. Where the maximum penalty does not exceed six years
b. Where the accused agrees to the use of judicial affidavits, irrespective of the penalty
involved
c. All of the above
d. At the direction of the trial court in all of the aforesaid criminal actions
74. Which document is not an original?
a. Quadruplicate copy c. Duplicate copy
b. Original copy d. The documents the contents of which are the subject of inquiry
75. The wooden object on top of the presiding judge table utilizes in pounding the gavel after an
order is issued and called.
a. Wooden Hub c. Banging Club
b. Pool Table Ball d. Sound Block
76. The sanctioned by the rules of ascertaining in a judicial proceeding the truth respecting a matter
of fact is called?
a. Parole Evidence c. Evidence
b. Best Evidence d. Original Document
77. A person may not be compelled to testify against:
a. His cousin, nephews, and niece
b. His parents, other direct ascendants, children or other direct descendants
c. His uncles, unties and immediate neighbor
d. None of the above
78. Evidence consisting of writing or any material containing letters, words, numbers, figures,
symbols or other modes of written expression offered as proof of their content are?
a. Testimonial evidence c. Documentary evidence
b. Object evidence d. None of the above
79. Evidence is admissible when:
a. It is relevant to the issue and is not excluded by the law of these rules
b. It was testified to by more than one person
c. It was presented on time
d. All of the above
80. A person designated by the court to assist destitute litigants.
a. Counsel c. Attorney on records
b. Attorney-at-law d. Counsel de oficio
81. The taking of person into custody in order that he may be bound to answer for the commission
of an offense.
a. Detention c. Arrest
b. Restraints d. Seizure
82. The duty of the prosecutor to present evidence to prove the guilt of an accused.
a. Burden of proof c. Bill of particulars
b. Burden of evidence d. Presentation of evidence
83. Validity of warrant of arrest expires?
a. After 10 days c. After 365 days
b. After 30 days d. No expiry dates
84. The territorial unit where the power of the court is to be exercised.
a. Venue c. Person Accused
b. Territory d. Extent of the penalty
85. Criminal intent is presumed from the performance of an unlawful act. This is a?
a. Disputable presumption c. Quasi-conclusive presumption
b. All of the above d. None of the above
86. A & B are having sexual intercourse inside their conjugal home knowing they are being watch by
their neighbors through the clear glass window of their house. Can they be charged by the police
with any crime?
a. Yes, with the crime of alarms & scandals
b. Yes, with the crime of acts of Lasciviousness
c. Yes, with the crime of public scandal
d. No, they are not liable for any crime since it is their right to do as a married couple.
87. May a person Charged with an offense penalized with capital penalty or the penalty of
reclusion Perpetua, or life imprisonment may post bail? Why?
a. Absolutely not
b. Possibly yes
c. Yes because it is a matter of right
d. Yes if the evidence of guilt is not strong
88. When AA arrived home, he found BB raping his daughter. Upon seeing AA, BB ran away.
AA took his gun and shoot BB, killing him. What circumstance/s may he invoked?
a. Defense of a descendant
b. Immediate vindication of a grave offense to a descendant
c. Passion and Obfuscation
d. None of the Above
89. A and B, after robbing a 7-11 store, killed the store clerk to dispose of any witness, A & B
are liable for?
a. Robbery and Murder
b. Robbery and Homicide
c. Homicide only
Robbery with Homicide
90. while armed with a valid search warrant legally obtained, PNP members conducted a
search without the owner of the house or any other person. What crime did they commit?
a. Illegal Search
b. Violation of Domicile
c. Searching Domicile without witnesses
d. None of the foregoing
91. A PNP member who refrains from arresting X for committing murder in exchange for
money is liable for ___?
a. Direct Bribery
b. Indirect Bribery
c. Qualified Bribery
d. Corruption
92. X stole a Rolex watch from a locker by means of the key of the owner. What crime did he
commit?
a. theft
b. Robbery
c. Possession of Picklock
d. Possession of False Key
93. X was able to have carnal knowledge of his girlfriend while the latter was drunk. What
crime did X commit?
a. Acts of Lasciviousness
b. Rape
c. Qualified seduction
d. None of these
94. X forcibly abducted Y and attempted to rape the latter. What crime did X commit?
a. Forcibly Abduction with Attempted Rape
b. Forcible Abduction and attempted rape
c. Forcible abduction
d. Attempted rape
95. X kidnapped children A, B and C and asked for ransom from their parents. When the
parents failed to give ransom money, X killed A, B and C. What crime /s did X commit?
a. Kidnapping with Murder
b. Kidnapping with Multiple Murder
c. Kidnapping with Homicide
d. Kidnapping with Multiple Homicide
96. while conducting night patrol, 2 PNP members arrested 4 persons involved in a brawl.
How many hours should they refer the 4 suspects to the inquest prosecutor?
a. 12 Hours
b. 24 hours
c. ours
d.36 hours
97. Which of the following is a hot pursuit arrest?
a. when an offense has just been committed and he has probable cause to believe, based on
personal knowledge of facts or circumstances, that the person to be arrested has committed
it.
b. when, in his presence, the person to be arrested has committed, is actually committing or
is attempting to commit an offense;
c. when the person to be arrested is a prisoner who has escaped from a penal establishment
or place where he is serving final judgement or temporarily confined while his case is
pending, or has escaped while being transferred from one confinement area to another.
d. none of the above
98. Mr. Shabu King was arrested in a buy-bust operation wherein the arresting officers
confiscated one (1) kilo of shabu> the police failed to mark the seized items at the place
where it was confiscated and failed to make inventory in the presence of his lawyer but
other persons provided under section 21 where present Mr. Sabu King filed a motion that
there was failure to mark and inventory. If you were the judge, how will you decide the case?
a. Dismiss the complaint because it is a violation of section 21, RA 9165
b. Deny the motion because failure to mark in the area where the shabu was seized is not
fatal to the case and can be done even before the police station
C. A & B
D. No answer
99. On September 11, 2017 multiple murders, kidnapping, and arson were committed in
Manila by Abu Sayyaf Group to compel the government for money and power. The CIDG was
able to arrest five persons responsible in the said crimes and filed violation of Human
Security Act? Is CIDG correct in filing the complaint?
a. Yes, because the acts sow extraordinary terror
b. Yes, because the acts committed are predicate crimes of Human Security Act
c. No, because there is no unlawful demand
d. No, because the Abu Sayyaf Group is not declared yet as a domestic terrorist
100. the following re the example of predicate crimes under crime of terrorism except:
a. Kidnapping and Serious Illegal Detention
b. Murder
c. Rebellion
D. Rape

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