PRE-BOARD EXAMINATION 2

CRIMINAL LAW AND JURISPRUDENCE

her, regardless of her reputation or age What crime

1. The offenders threatened to explode a bomb inside the committed?
airplane after its passengers have already boarded and the a. qualified seduction
exterior doors were closed if the pilots refused to start the b. seduction
engine and to fly it in communist China. The crime committed c. consented seduction
is; d. no crime was committed
a. Anti- Hi-Jacking Law since airplane is already in
flight **Note: Although in qualified seduction, the age of the
b. Grave threat and coercion were committed because the offended woman is considered, if the offended party is a
Anti Hi-Jacking Law does not apply descendant or a sister of the offender – no matter how old
c. All of these she is or whether she is a prostitute – the crime of qualified
seduction is committed
2. After all the passengers of Cebu Pacific aircraft have
boarded already and exterior doors were already closed; a 7. It is one containing matters which would, under the law,
passenger was shot or killed in the course of Hi- Jacking the be considered defamatory and therefore actionable but for
airplane. What crime was committed? the occasion and circumstances under they are made.
a. Violation of Anti Hi-Jacking Law a. libel
b. Murder as the Ani Hi-Jacking Law does not apply b. slander
c. Piracy c. blackmail
d. Qualified Piracy d. privileged communication

3. The pilots of the Cathay Pacific aircraft were approached 8. X was charged with slight physical injuries. He listened
by 2-armed men and told to proceed to the aircraft to fly it attentively as the judge read the sentence. When the judge
to foreign destination. The armed men and the pilots went reached the dispositive portion and pronounced X guilty, X
together on board the aircraft and while exterior doors were became angry, that hold of an ashtray, and threw it at the
able to disarm said armed men before they could do judge hitting him in the eye which is tantamount to laying
something. What crime is committed? hands on the judge who is a person in authority. What crime
a. Hi-Jacking is committed in violation of Anti- Hi- was committed?
Jacking Law because aircraft is of foreign registry a. Qualified direct assault with serious physical
b. Hi-Jacking is not committed because the plane is not yet injuries
in flight b. Direct assault
c. The crime committed is grave threat or grave coercion c. Serious physical injuries
d. All of these
4. A PAL aircraft is bound for Cebu Pacific. While the pilot and
co-pilot are taking their snacks at the airport canteen, some 9. It is the act of a person or marrying for the second time,
armed men were also there who followed the pilots in going before the former marriage has been legally dissolved or
to the aircraft. As soon the pilot entered the cockpit, they before the absent spouse has been judicially declared
pulled their firearms, and compelled the pilots to fly the presumptively dead.
aircraft to Zamboanga and ordered the exterior doors of PAL a. polygamy
be closed and so all exterior doors were closed. But in a short b. bigamy
while the offender was apprehended. The crime committed c. immorality
is: d. all of these
a. Violation of the Anti Hi- Jacking Law because the aircraft
is in flight already as the exterior doors were closed 10. A legitimate grandmother killing her granddaughter who
b. The Anti Hi-Jacking Law does not apply because the is 3 days of:
aircraft is not yet in flight hence, the crime committed a. infanticide
is grave threats or grave coercion b. murder
c. Piracy c. parricide
d. Qualified Piracy d. homicide

5. In an article published in a newspaper, the writers called 11. In seduction and qualified seduction, excepting when the
X a bastard, a leper, a coward, a criminal, a rapist and a drug victim is either the daughter or sister of the offender, the
addict. What crime is committed? woman seduced must be:
a. slander a. over 10 but less than 16 years of age
b. libel b. over 13 but less than 19 years of age
c. defamation c. over 12 but less than 18 years of age
d. all of these d. over 15 but less than 20 years of age
If a person goes to a sauna parlor and finds there a
6. Matt goes to a sauna parlor and finds a descendant of 2 descendant and despite that, had sexualintercourse with her,
years old, and despite that, Matt had sexual intercourse with regardless of her reputation or age, the crime of

Amici Review Center Page 1

12. A father who intentionally kills his son who is only less dwelling and when asked to leave refuses do so, is liable for
than three days old is guilty of the crime of the crime of:
a. murder a. expulsion
b. parricide b. violation of domicile
c. infanticide c. probable cause
d. homicide d. trespass to dwelling

13. This is the felony wherein a public officer does not 21. In this crime, there is public and tumultuous uprising in
account for what he collects as government employee and order to attain by force, intimidation, or any other means, like
instead misappropriate the fees collected. the prevention of the execution of laws or the holding of an
a. malversation election.
b. illegal exaction a. direct assault
c. estafa b. treason
d. corruption of public official c. rebellion
d. sedition
14. A public officer who agrees to commit a criminal offense
in connection with the exercise of the powers of his office in 22. When a person attack, employs force, seriously
consideration of a price, reward, promise or gift is indicatable intimidates or seriously resists a person in authority or his
for: agent while engaged in the performance of official duties or
a. estafa on the occasion of said performance, he can be charged with
b. moonlighting a. resistance
c. direct bribery b. indirect assault
d. indirect bribery c. direct assault
d. sedition
15. This felony is a breach of allegiance, which is the
obligation of fidelity and obedience a citizen owes to the 23. The act of diminishing by ingenious mean, the metal
government or sovereign in return for the protection he content in the coin may give birth to an accusation called a.
enjoys and receives. forgery
a. aid and comfort b. mutilation of coin
b. treason c. falsification
c. misprision of treason d. false or counterfeit coin
d. adherence to the enemy
24. A is the owner of a tupada in their town. A approached
16. A citizen who intellectually or emotionally favors the the Chief of Police who is a kumpare and asked the
enemy and harbors sympathies or connections disloyal to his Chief not to raid his tupada. The Chief complied by not raiding
country’s interest or policy is guilty of: it. What crime was committed by the Chief?
a. aid and comfort a. Direct bribery
b. treason b. Indirect bribery
c. misprision of treason c. Graft and corruption
d. adherence to the enemy d. Negligence and tolerance in the prosecution of
offenses/prevaricacion
17. This is committed by any person who without authority
therefore enters a warship, fort or a naval or military 25. Which of the following processes in court proceeding is
establishment or reservation to obtain any information, plans, the presence of the accused indispensable?
photographs or other data of a confidential nature relative to A. during the presentation of the evidence for the defense.
the defense of the Philippines etc. B. during the arraignment
a. war crime C. during the examination of the witnesses.
b. sedition D. during the presentation of the evidence for the
c. rebellion prosecution.
d. espionage
26. This is one of the grounds on the motion to quash and
18. The two-witness rule imports the degree of proof anchored on the question of authority of the court to hear
necessary to convict an accused of the crime of: and decide the case. What is this ground?
a. levying war A. lack of preliminary investigation
b. treason B. lack of
c. sedition C. lack of jurisdiction
d. rebellion D. improper venue

19. When a public officer deprives a person of his liberty 27. Alex married Bea. Thereafter, Alex married Celsa, but this
without any legal ground, such officer may be held marriage took place because Celsa forced Alex to marry
answerable for: her at gunpoint. Alex sued Celsa in a civil case for declaration
a. illegal detention of annulment of marriage. Suppose Bea sues Alex
b. expulsion for bigamy, what will cause the temporary suspension of this
c. arbitrary detention criminal case filed by Bea against Alex?
d. trespass to dwelling a. Insanity of the accused
b. Petition for review
20. A public officer or employee who, not being authorized c. The prejudicial question involved here
by judicial order, enters any dwelling against the will of the d. All of these
owner thereof, shall search the premises without the previous
consent of the owner or having surreptitiously entered the

Amici Review Center Page 2

28. The crime committed is punishable with a penalty of one a. Doctrine of supervening fact or event
year and below. How would you best deal with the b. Doctrine of subsequent discovery
situation? c. Ex post facto law
A. I will handle the forced mediation and conciliation between d. Bill of attainder
the parties.
B. Arrest the offender without a warrant since there is a 36. It is a rule which states that when an accused files a
complainant. motion to quash because if the grounds are not stated in the
C. Suggest that the parties bring the issue before the motion, all the grounds under the rules into alleged in support
barangay for conciliation proceedings. of his motion are considered waived:
D. None of the above a. Omnibus motion rule
b Double jeopardy
29. A imagines killing B. A is not criminally liable c. Bill of attainder
because_______. d. Nolle prosequi
A. he does not commence the commission of a crime e. Time bar rule
directly by overt act
B. there is no witness against A 37. C is a jail officer. Receiving an order from the court
C. there is no injury to B directing him to release A, he refused because he is utilizing
D. there is no law against imagining a crime A as his personal “masseur”. May C be held liable for not
releasing A?
30. A shot B, producing a mortal wound. B, knowing that he A. no, since the non-release is consensual between C and A.
would die anyway, decided to hasten his own death by B. yes, because A may earn money as C’s special masseur.
slashing his own throat causing his immediate death. Here, A C. yes, for withholding the release of a person under
is his custody despite receiving the court order for
a. still criminally liable for homicide release of A
b. not criminally liable for homicide D. none of the above
c. liable for physical injuries only
d. not liable at all 38. After conviction at the Regional Trial Court of an offense
not punishable by death, reclusion perpetua or life
31. Piracy under Art. 122 of the Revised Penal Code, may be imprisonment, bail is________________
distinguished from P.D. 532, as the latter can be committed A. a matter of right of the convict
only___________. B. discretionary to the convict
A. both internal lands and waters C. discretionary to the court
B. in the high seas D. granted before conviction contentious
C. anywhere in the Philippines
D. within the Philippine waters 39. A, with intent to kill B, shot the latter but the gun would
not fire because A forgot to load his gun with bullets. What
32. A entered a house through an open door. The owner, not crime was committed by A under these circumstances?
knowing that A was inside, closed and locked the door A.Attempted murder
from the outside. A, after taking some personal properties, B.Frustrated murder
went out of the house through the window. Here A is ____. C. No murder
a. not liable D.Impossible crime
b. liable for theft
c. liable for robbery 40. X got mad with his neighbor, so he lit a rag soaked with
d. liable for trespass to dwelling gas and place it against the wall of his neighbor's house.
A small, very small portion, repeat, very small portion only,
33. A, before leaving for the province, entrusted to B the keys of the house was burned. The fire that burned that portion
to his house. While A was in the province, B used the could not have even hurt anyone. Luckily, the fire was put
key to open the house and took the valuables inside. B is out before it became a major one. What crime was
____ committed?
a. liable for theft a. Impossible crime of arson
b. liable for qualified theft b. Attempted murder
c. liable for robbery C. Frustrated arson
d. not liable at all d. Consummated Arson

34. Under the Rules of Court, when is the party (prosecution 41. X told Y, "Let us kill Z!" Y said "No, I don't want to, mag-
or defense) considered to have rested its case? isa ka na lang" Here, X is ____.
A. after the prosecution has offered its exhibits. a. liable for proposal.
B. as may be ordered by the court. b. liable for proposal to commit murder.
C. as may be agreed during pre-trial. C. may be liable for impossible crime.
D. after the court has ruled on the formal offer of d. not liable at all
evidence.
42. Person directly vested with jurisdiction whether as
35. The accused was charged with frustrated homicide. At individuals or as members of some court or government
the time of the arraignment, the accused pleaded guilty. corporations, board or commission are denominated
At that time, neither the prosecutor nor the court was aware a. Persons in authority
that the victim had already died. When the prosecutor b. Agent of person in authority
learned of the victim's death, he immediately filed a motion c. Public officers
to upgrade the charge from frustrated homicide to d. All of these
consummated homicide. Here, there is no double jeopardy
because of

Amici Review Center Page 3

43. A Moro, with four wives who are all living him, kills by a. simulation
poison the third wife married by him is answerable for b. abandoning a minor
a. parricide c. all of these
b. murder d. none of these
c. homicide
d. death under exceptional circumstances 51. Is or may be defined as the speaking of defamatory words
or the performance of acts, actuated by malice, which tend
**Note: In case of Muslim marriages Article 27 of P.D. 1083” to cause dishonor, discredit or contempt of natural or judicial
The Muslim Code of Personal Laws” s a Muslim to validly person to the latter’s reputation: business or trade.
contract marriage with four wives, but the killing of the 2nd, a. Incriminatory machination
3rd or 4th wife will not constitute parricide because a b. Blackmail
Muslim would be punished and penalized more than a non- c. Privileged communication
muslim by reason of a marriage which the law allows him to d. Slander or oral defamation
contract.
52. Kissing a girl in public and touching her breast without
44. Planting of evidence by a police officer on an innocent lewd designs committed by a rejected suitor to cast dishonor
person arrested by the former constitutes on the girl, what crime was committed?
a. intriguing against honor a. slander
b. blackmail b. slander by deed
c. incriminatory machination c. oral defamation
d. extortion d. all of these

45. When a municipal treasurer collects payment of taxes 53. X went to the house of his fiancée of 17 years old, her
from a citizen issuing receipt therefore, such treasurer is parents being absent, and waiting of that opportunity, with a
liable for: a. malversation renewal of his promise to marry her, he succeeded in having
b. estafa sexual intercourse with her. What crime was committed?
c. theft a. seduction
d. illegal exaction b. qualified seduction
c. none of the above
46. It is qualified theft when the coconut stolen are taken d. all of these
from the
a. marketplace 54. When the kidnapping is without lewd designs, the crime
b. premises of the coconut plantation committed is:
c. residence a. illegal detention
d. illegal exaction b. coercion
c. forcible abduction
47. An armed group avowed to overthrow the government d. all of these
authorities, captured fiver officers and members of the AFP
and held them in their hideout for 50 days then voluntarily 55. But where the offended party was forcibly taken to the
released them in consideration of the promise of medical house by the offender to force her to marry him, the crime
treatment to be given to their comrades who were under committed is:
detention by the authorities. What crime was committed? a. coercion
a. rebellion b. illegal detention
b. sedition c. forcible abduction
c. coup d’ etat d. none of these
d. all of these
**Note: If the element of lewd design is present, the
48. X disobeying a court order, was punished by the judge carrying of the woman would qualify as abduction; otherwise,
for contempt. He waited for the judge to go outside his office. it would amount to kidnapping
Upon seeing the judge, X hurriedly approached him, and . If the woman was only brought to a certain place in order
without saying a word struck him his fist causing a slight to break her will and make her agree to marry the offender,
injury on the face of the judge, what crime was committed? the crime is only grave coercion because the criminal intent
a. Direct assault upon person in authority of the offender is to force his will upon the woman and not
b. Physical injuries really to restrain the woman of her liberty.
c. Slight physical injury
d. All of the above 56. If a girl, below 12 years old, agreed to the elopement,
what crime was committed?
49. These acts are punishable by law are either intended to a. forcible abduction
directly impute to an innocent person the commission of b. kidnapping
crime, or which are calculated to blemish the honor or c. illegal detention
reputation of a person by means of intrigue. d. coercion
a. incriminatory machination
b. slander/ oral defamation **Note: If the offended woman is under 12 years old , even
c. blackmail if she consented to the abduction, the crime is forcible
d. all of these abduction and not consented abduction

50. A woman has given birth to a child abandons the child in 57. After the voluntary elopement with the girl below 12 years
a certain place to free herself of the obligation and duty of old, she and the man have sexual intercourse, what crime
rearing and caring for the child. What crime did the woman was committed?
commit? a. Forcible abduction with rape

Amici Review Center Page 4

b. Rape 65. This felony is characterized by a public and malicious
c. Kidnapping with rape imputation of a crime, or of a vice or defect real or imaginary,
d. None of these or any act, omission, condition, status or circumstances
tending to cause the dishonor, discredit, or contempt of a
58. X, by means of promises of marriage, induces a girl of 19 natural or judicial person, or to be blacken the memory of
years old leave her house and then had sexual intercourse one who is dead
with her and immediately thereafter she returns to her a. innuendo
dwelling, what crime was committed? b. violation of piracy
a. consented abduction c. libel
b. seduction d. black mail
c. rape
d. no crime committed 66. In this crime, a public officer who has under his custody
or charge a prisoner- serving sentence by final judgment or
59. A 15 years old girl was induced to leave her home and detention prisoner and such officer connives with or consents
later forcible raped by the inducers. What crime was to the escape of such prisoner.
committed? a. jailbreak
a. Consented abduction with rape b. evasion of service of sentence
b. Rape c. dereliction of duty
c. Forcible abduction with rape d. infidelity in the custody of prisoner
d. All of these
67. A convict who escapes while serving his sentence by final
60. A issued in favor of B for a debt he has incurred a month judgment is committing another crime called
or so ago. When the check was presented for payment, it was a. jailbreak
dishonored. What crime was committed? b. evasion of service of sentence
a. Estafa c. descarte
b. Violation of bouncing check law d. infidelity in the custody of prisoner
c. Theft
d. All of these 68. This is the willful and corrupt assertion of falsehood under
oath or affirmation, administered by authority of law on a
61. Supposing A approach his friend B and told B to deliver material matter
him P10,000.00 and A would issue in his favor a check in the a. fraud
sum of P11,000.00 as it was Sunday and A needed the cash b. persons in authority
urgently. B gave P10,000.00 to A having in mind the profit of c. perjury
P1,000.00. when he encashes the check the following d. story- telling
Monday. However, when the check was presented for
payment the check bounced or dishonored. What crime was 69. For the act to be punishable in this act of falsification of
committed? document, there must be a manifestation that some prejudice
a. Estafa and violation of bouncing check law or damage to a third party had been caused or intended to
b. No criminal liability be caused.
c. Theft a. falsification of commercial document
d. All of these b. falsification of private document
c. falsification of public document
62. This crime is committed in time of peace by raising d. falsification of official document
publicly with arms against the government for the purpose of
removing from the allegiance to said government or its laws, 70 This is the act of a person who knowingly offers in
the territory of the Philippines or any part thereof, of any evidence a false witness or testimony in any judicial or official
body of land, naval or other armed forces, or depriving the proceeding.
chief executive or the legislative, wholly or partially, of any of a. perjury
their powers or prerogatives. b. subornation of perjury
a. treason c. false testimony
b. rebellion d. indirect bribery
c. direct assault
d. indirect assault 71. A grandson who kills his illegitimate grandfather is guilty
of
63. The taking of personal property against the will of its a. homicide
owner and attended by violence against or intimidation of b. parricide
person or force over things is c. murder
a. theft d. euthanasia
b. estafa
c. robbery Situation 1- A is convicted for homicide and was
d. coercion sentenced to suffer an imprisonment from 14 years
and 1 day to 17 years. While serving his sentence he
64. In this crime, the offender employ ingenuity of cunning was alleged to escape from his cell.
in order to deprive the victim of his money or property
a. robbery 72. If the offender is the custodian of the convicted person
b. land grabbing what crime was committed?
c. theft a. infidelity in the custody of prisoners
d. estafa or swindling b. evasion of service
c. delivering prisoners from jail
d. all of these

Amici Review Center Page 5

 X thereafter, the patrolman returned to Y his license and
73. If the offender is not the custodian at the time of the allow him to go. What crime did patrolman X commit?
escape of said prisoner. What crime was committed? a. indirect bribery
a. evasion of service of sentence b. direct bribery
b. delivery of prisoner from jail c. robbery extortion
c. no criminal liability d. corruption of public official
d. all of these
Situation 2- Under Art. 156 delivering prisoners from
74. What is liability of the convicted prisoner serving his jail, it is possible that three persons are involved.
sentence? They are stranger, the custodian of the prisoner and
a. evasion of service of sentence the prisoner. In the case, there are three crimes
b. delivery of prisoner from jail committed.
c. no criminal liability 81. If the offender is the custodian, the crime committed is
d. all of these ________?
a. Infidelity in the custody of the prisoners
75. Any person who, by direct provision of the law, election b. No criminal liability
of appointment by competent authority, shall take part in the c. Evasion of service
performance of public function in the government or in any d. None of the above
of its branches public duties shall be deemed to be a
a. private individual 82. If the offender is stranger even if he is a public officer,
b. public officer the crime committed is?
c. none of these a. evasion of service of sentence
d. all of these b. delivering prisoner form jail
c. all of the above
76. It is committed by a public officer in charge of the d. none of these
collection of taxes, licenses, fees and etc.by demanding an
amount different or larger than that due by the government: 83. If the prisoner who escaped is a convict, the crime
failing to issue a receipt as provided by receiving payment committed is?
objects different from that provided by law a. Infidelity in the custody of the prisoners
a. illegal exaction b. Delivering prisoners from jail
b. estafa c. Evasion of service of sentence
c. maturation d. None of these
d. none of these
84. However, if the prisoner is not a convict but a detention
77. A who is the private complainant in a murder case prisoner, what is his criminal liability?
pending before a regional trial court, gave too the presiding a. No criminal liability
judge a Christmas gift. Consisting of big basket of assorted b. Delivering prisoners from jail
goods and fruits as well as expensive imported wines, the c. Evasion of service of sentence
judge accepted the gift knowing it came from A. what crime d. None of these
or crimes committed?
a. direct bribery 85. But if the detention prisoner conspires with the one letting
b. indirect bribery his escape said is liable for _______ as principal by
c. qualified bribery indispensable cooperation.
d. none of these a. No criminal liability
b. Delivering prisoners from jail
78. A government casher did not bother to put public fund in c. Evasion of service of sentence
the public vault but just left in the drawer of his table, which d. None of these
has no lock. What crime was committed?
a. technical malversation 86. This crime is committed by a public officer, whenever
b. malversation there is pending before him matter in which a woman is
c. no criminal liability interested of with respect thereto. He is required to submit a
d. all of the above report to or consult with a superior, and he solicits or makes
an indecent or immoral advance upon said woman.
79. A party to a case approached the court’s stenographer a. acts of lasciviousness
and proposed the idea of altering the transcript of b. abuses against chastity
stenographic notes. The court stenographer agreed and he c. coercion
demanded P3,000.00 even before the stenographer could d. unjust vexation
alter his notes. What crime was committed?
a. direct bribery 87. X is the head of a family. Living with them in the house
b. qualified bribery is a cousin of his wife, a virgin under 18 years old but over
c. indirect bribery 12 years. X had sexual intercourse with the cousin of her wife.
d. all of these What crime was committed?
a. seduction
80. While manning the traffic lights at the intersection of b. qualified seduction
Espana and Washington St. Patrolman X ordered Y to stop c. seduction with consent
his taxi, threatened to arrest him and confiscate his driver d. all of the above
license for allegedly over speeding and reckless driving.
Familiar with the dirty ways of some traffic policeman, Y 88. Under Art.122, Revived Penal Code, the crime of piracy is
pulled out his wallet, picked up his driver’s license with the committed by:
hidden P200.00 inside the same and handed it to patrolman

Amici Review Center Page 6

a. Non-member of the complement of the vessel and d.No, as a general rule, unless both Attorney X and
non- passenger of the vessel client Y give their respective consents.
b. Crew members of the vessel
c. All of the above 93. What is the Rule in the Evaluation of evidence where the
d. None of these evidence in a criminal case is evenly balanced so that the
constitutional scale is tilted in favor of the accused?
89. A, B, C and D murdered Pedro in the forest. E, who was A. Balancing Rule
an innocent passerby in the forest, accidentally saw what A, B. Equipoise Rule
B, C and D had done. A, B, C and D also saw E, and they C. Presumption of innocence
pointed their guns against E, and forced E to burn the cadaver D. Exclusionary Rule
of Pedro. Is E criminally liable as an accessory for burning the
cadaver of Pedro? 94. Which of the following are public documents?
a. No, he acted under the impulse of uncontrollable fear of 1.The written Officials acts, or records of the official acts of
an equal or greater injury. the sovereign authority, official bodies and tribunals, and
b. No, he acted under the compulsion of irresistible public officers
force. II. Documents executed by private persons and acknowledge
c. Yes, he acted in conspiracy with the accused. before a notary public I
d. Yes, he had the opportunity to escape. II. Public records, Kept in the Philippines, of private
documents required by law to be entered therein
Irresistible force A. I, II, III
*That the compulsion is by means of physical force B. I, III
(na yung pamimilit ay sa pamamagitan ng Pisikal na C. I, II
pamumwersa D. II, III
*That the physical force must be irresistible
(na yung physical force ay hindi malabanan) 95. In order to determine the veracity of the testimony of the
*That the physical force must come from a third person witness against him. The accused has
(na yung physical force ay nanggaling sa ibang tao o the right to______
pangatlong tao) A. Testify on his own behalf
B. Secure the presence of his witnesses in court
Ex. A force B to kill C. C. Has the testimony of the witnesses against him
D. Cross examine and confront the witnesses against
Uncontrollable Fear him
*That the threat w/c causes the fear is of an evil greater than,
or at least equal to, that w/c he is required to commit. 96. The legal officer who presides over the courtroom and
(Na mayroong pagbabanta na nagdudulot ng sobrang takot directs and controls the trial. A man of learning who spends
or pantay lang, sa bagay na kinakailangan niyang gawin.) tirelessly weary hours after midnight acquainting himself with
the great body of traditions and the learning of the law:
Ex. Papatayin mo ba si B o papatayin ko pamilya mo.? a. Clerk of Court
Papatayin mo ba si B o ikaw ang papatayin ko? b. Presiding Judge
c. Stenographer
90. A police officer testifying before the court is allowed to d. Officer in charge
refer to his/her memorandum respecting a matter of
________. 97. was applying for a Philippine passport. She has been
A. question of law “Tago ng Tago” in Japan for so long. B agreed to issue a new
B. fact recorded by his superior passport after having sexual intercourse with B in the latter’s
C. opinion of an expert house. Is B criminally liable to our criminal law?
D. fact he recorded a long time ago A. No, Japan criminal law is not applicable to him
B. Yes, the crime committed is in relation to his official
91. A is accused of a crime while B was the witness for the function
prosecution. Before the trial begins, A and B got married. C. No, the crime was committed in Japan
Here, D. None of these
a. B is still qualified to testify against A
b. B is no longer qualified to testify against A 98. X is an accused in a criminal case for consummated
c. B is no longer qualified to testify against A because of the murder. X tried to settle the case with the family of the
marital disqualification rule offended party. X's act of settling the case is ____.
d. B is no longer qualified to testify against A because a. an offer of compromise and implied admission of
of the marital disqualification rule, unless A gives guilt
his consent b. an offer of compromise and is not an implied admission of
guilt
92. In relation to the preceding question, assume that c. a quasi-confession of guilt
Attorney X's stenographer or secretary, or anyone of his d. an offer to settle the case to buy peace
employees in his law office was able to overhear the
confession made by Y to Attorney X. May anyone of this 99. he father of X admitted on television that his son is a
employee go to court where the parricide case is pending and robber. This statement of the father against his son is not
testify against Y regarding the admission made by Y to admissible against the son because of ___.
attorney X? a. res inter alios acta rule
a. No, because of the lawyer-client privilege b. dying declarations
b. Yes, so long as client Y, consents; if he does not, then no. c. res inter alios acta rule # 2
c. As a general rule, no, unless Attorney X gives his consent. d. common reputation

Amici Review Center Page 7

100. A crime was committed in Makati, but the prosecutor
filed the case in Muntinlupa. Later, when the prosecutor
realized the mistake, he filed the case in Makati and withdrew
the Muntinlupa case. The accused objects on the
ground that there is double jeopardy. Is there double
jeopardy?
a. Yes, the case had already been filed before a court.
b. No, if the Muntinlupa court had no jurisdiction, the
accused was in no danger of being placed in
jeopardy.
c. Yes, since the case is already filed in court and this is the
mistake of the prosecutor.
d. No, because not all the elements of double jeopardy are
present.

Amici Review Center Page 8