1.

All of the following are grounds to suspend the accused is acquired by the following
the scheduled arraignment of the accused EXCEPT:
EXCEPT: a. upon his voluntary appearance in court
a. the accused appears to be suffering from an b. upon the arrest of the accused
unsound mental condition which effectively
renders him unable to fully understand the c. upon his release from detention
charge against him and plead intelligently d. none of the above
thereto
b. there exist a prejudicial question 7. Who acts as the alter ego of the judge who
c. a petition for review of the resolution of the takes charge of the business of the court and
prosecutor is pending at either the DOJ or the supervises all other court staff?
Office of the President (in which case the a. PAO lawyer
suspension shall not exceed 60 days counted b. prosecutor
from the filing of the petition) c. clerk of court
d. the accused has not yet procured a d. chief of police
counsel of his own choice despite having
been given the opportunity to do so in 8. Which among the following is (illegal) will not
earlier settings justify arrest without a warrant?
a. hot pursuit
2. The public prosecutor is said to be in "direct b. continuing crime
control and supervision of a criminal case.” c. arrest based on probable cause
What is meant by this statement? d. mere suspicion
a. he must be physically present in court
and he may turn prosecution of the case to 9. Which among the following is required by
a private prosecutor but under his the Rules of Court to conduct monthly personal
supervision. inspections of provincial, city and municipal jails
b. it means he is better and higher than the to ascertain the number of detainees, inquire on
judge their proper accommodation and health and
c. he must see to it that justice is done examine the condition of jail facilities?
d. it means he can sell the criminal case if the a. RTC judges
price is right b. Executive judges of RTC concerned
c. CHR
3. What do you call that procedure where d. PAO
hearings of testimonies are dispensed with
instead only affidavits or counter affidavits of 10. An application for or admission to bail shall
the parties and their witnesses are made in lieu not bar the accused from challenging the
of the former, subject however to cross validity of his arrest or the legality of the
examination. warrant issued therefore , or from assailing the
a. regular procedure absence of a preliminary investigation, provided
b. trial that he raises them:
c. special procedure a. before entering his plea
d. summary procedure b. immediately after entering his plea
c. after conviction
4. RA 7438 is titled "An Act Defining Certain d. none of the above
Rights of Persons Arrested, Detained or Under
Custodial Investigation”. Under this law who 11. Which of the following motion may be
among the following has no right to visit the availed of after arraignment?
person under custodial investigation? a. motion to quash
a. fiance or fiancee b. motion to dismiss
b. uncle or aunt c. motion to set case for pre-trial
c. Ngo representative
d. media personnel 12. Which department of the government has
the power to order a change of venue of trial so
5. In which of the following cases shall as to avoid a miscarriage of justice?
application for bail be denied by the court? a. supreme court
a. when the offense charged is capital offense b. department of justice
and evidence of guilt is string c. congress
b. after judgment of conviction has become d. executive branch
final
c. when the accused has commenced to serve 13. There are three (3) types of criminal
his sentence procedure which among the following is NOT
d. all of the above one of them?
a. accusatorial
6. Jurisdiction of the court over the person of b. inquisitorial
c. industrial

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d. d. clerk of court
mixed 14. In a complaint or information, how is with the office of the unless otherwise
the real nature of the crime as charged provided in their charters.
determined? a. prosecutor
a. by the facts recited in the complaint b. private prosecutor
or information c. PAO
b. by the title or caption of the complaint
or information 21. Which of the following is true about
c. by the designation of the offense made doubts in criminal cases?
by the offended party a. all doubts should be resolved in
d. by the amount of the filing fee paid by favor of the accused
the offended party b. all doubts should be resolved in favor of
the state
15. Which among the following is NOT a c. all doubts should be resolved in favor of
constitutional right of the accused because the prosecution
it is a mere statutory right and NOT a d. all doubts should be removed because
constitutional right? conviction must be beyond shadow of a
a. the right to be presumed innocent until doubt
the contrary is proved
b. the right to be informed of the nature Note: The following four (4) questions
and the cause of the accusation against him are related to each other
c. to be present and defend in person and
by counsel at every stage of the 22. X an illiterate provincial folk was
proceedings, from arraignment to arrested by the police and is now under
promulgation of judgment. custodial investigation. X was
d. to appeal in all cases allowed and in ceremoniously informed of all of his rights
the manner prescribed by law. by the police in the English language
especially that of his right to have a
16. What do you call that practice where counsel. After these perfunctory recitations,
the accused (who may not even be a X voluntarily (without intimidation or
lawyer) personally undertakes his defense coercion) waived his right to counsel and
in a criminal case without the assistance of admitted authorship of the commission of
a counsel whether de parte or de officio the crime in a piece of paper. X made a:
after the judge is satisfied that he can a. confession
intelligently defend himself without the b. admission
assistance of a counsel. c. extrajudicial confession
a. kayabangan!!! d. judicial admission
b. pro se practice
c. appearance in propria persona 23. In the above case, X's statement will
d. both b and c not be admitted by the court because:
a. he was not informed of his rights in
17. How do you make an application for a language or dialect known to him
search warrant? b. he was not a college graduate
a. by motion and set the case for hearing c. the police merely gave him a ceremonial
b. by announcing it on television recitation of his rights
c. upon application with the proper d. all of the above
court and heard ex parte
d. upon application with the fiscal and 24. Another reason why the statement will
heard in chambers not be admissible in evidence is that:
a. the waiver of his rights was not
18. So that a waiver of the rights of a made in writing and in the presence of
person under custodial investigation may his counsel
be valid, which of the following is a b. the waiver was made in the English
requirement? language
a. done voluntarily and intelligently c. the waiver must be signed by the judge
b. the waiver must be in writing d. there is no medical certificate presented
c. the waiver must be in writing and with by the police that they did not harass X, the
his assistance accused
d. all of the above
25. Let us assume that there was no
19. A bail may be cancelled upon surrender irregularity in the proceedings in the
of the accused or proof of his death while, it custodial investigation, so X was convicted
is deemed automatically cancelled upon today. How many days does X have to
acquittal of the accused, dismissal of the appeal his judgment of conviction?
case, or execution of the judgment of a. within fifteen light years from judgment
conviction. b. within fifteen days from
a. true promulgation of judgment
b. partly true c. within fifteen days from receipt of the
c. false Public Attorney's office of judgment
d. absolutely false d. within fifteen days from receipt of the
private defense counsel of judgment
20. In (Metropolitan) Manila and other
chartered cities, the complaint shall be filed

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Note: The two (2) following questions c. Supreme Court
are related to each other d. either of a or b
26. If an offense is committed on a
merchant vessel in the course of its voyage. Note: the next three (3) questions are
Where is the proper place of instituting the related to each other
criminal action?
a. place where the crime was committed 31. X is accused of unjust vexation. At the
b. the place of origin or departure of the arraignment the judge asked X whether he
vessel had a counsel. X said he had none. What
c. the court of the first port of entry or should the judge do?
of any municipality or territory where a. the judge should postpone the
the vessel passed during such voyage arraignment
subject to the accepted principles of b. the judge should dismiss the case
international law. c. the judge should cry aloud in front of the
litigants and his staff to show pity to the
d. place where the ship is registered or if accused who is so poor that he could not
not place of manufacture of the ship subject afford a counsel of his own and then call the
to international law media for exposure or mother Lily for a
possible role in the movies
27. Assume that the vessel in the above d. the judge should inform X that he
question is not a merchant vessel but a has the right to counsel and appoint
warship and the crime is committed within one to assist him in the arraignment
Philippine waters, where do you file the
information. 32. In the above case, assume that X did
a. province or city having jurisdiction where not appear with a lawyer to assist him and
the crime was committed X expressed his desire to defend himself
b. court having jurisdiction over the place personally without the assistance of
of destination of the warship counsel. Assume that after examination of
c. one cannot file the information in X, the judge was convinced that X was of
the Philippines because Philippine above average intellect and that he is a 4th
courts do not have jurisdiction over year law student and that he finished BS
crimes committed on warships Criminology (Criminal Justice Education
d. none of the above alumnus) at the Pamantasan NG Lungsod
NG Muntinlupa. So the judge allowed X to
Note: The three (3) following questions enter his plea at the arraignment without
are related to each other the assistance of counsel. In the subsequent
hearings the judge even allowed X to
28. X committed the crime or rape in conduct the cross examination of the first
Cavite, Philippines. Where do you file the witness for the prosecution. How do you call
information? this practice of X?
a. appropriate RTC of Cavite a. X is involved in "kayabangan" and he
b. appropriate MTC of Cavite deserves to be convicted.
c. file it in the barangay first to avoid b. pro se practice
prematurity c. counsel de officio
d. city fiscals office of Cavite d. onanism or self gratification

29. In the above question, assume that X is 33. This time, assume that X appeared in
a powerful governor of Cavite, thus there is court with a counsel to assist him at the
a possibility that X might influence the arraignment. How should X enter his plea?
outcome of the case by intimidating or a. X enters his plea through his counsel and
bribing the police, prosecutor, defense verbally
counsel and witnesses. Which of the b. X enters his plea though his counsel and
following is the best thing to do? by motion
a. forget the case and do not proceed with c. X enters his plea personally, through
it anymore as you will surely lose. sign language and of record
b. ask for media coverage so as to pressure d. X enters his plea personally, in open
those concerned to avoid influencing or court and of record
being influenced by another.
c. ask the New People's Army to Note: The next four (4) questions are
assassinate Mayor X, in that case instant related to each other
justice is obtained
d. file a motion with the Supreme 34. X stabbed Y. Luckily, Y was able to
Court asking for a change of venue of identify his assailant. Upon being rushed to
trial. the hospital, PEMS Z got the statement of Y.
e. ask the Court of Appeals to order a Y believing at that time that he was at the
change of venue of trial. point of death, confided to PEMS Z that X
was his assailant. Y died a few hours
30. Assume that Mayor X abducted the thereafter. What would be your basis to
offended woman in Laguna and raped the establish the identity of the assailant and
latter in his house in Cavite, which of the bring him to justice?
following court is the proper court that has a. dying declaration of X
criminal jurisdiction? b. dying declaration of Y
a. Cavite court c. res gestae
b. Laguna court d. direct testimony of Y

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35. Assume that in the above case, Y was 40. Let us assume that X did not appear at
able to survive as he did not die. What his scheduled arraignment despite being
could be the basis to establish the identity duly notified to do so. Upon inquiry by the
of the assailant? judge, his counsel or representative if any,
a. dying declaration of X did not offer any justifiable explanation for
b. dying declaration of Y X's non appearance. What do you think will
c. res gestae most likely happen?
d. direct testimony of the doctor a. the judge will issue a bench warrant
upon motion of the prosecution
36. If Y did not die, his statement could not b. the judge will order the process server to
qualify as a dying declaration because: re-notify the accused to appear in the next
a. X must also die schedule arraignment
b. the doctor must testify that the wound c. the judge will cry because the accused is
was fatal or could have caused death absent
c. SPO4 X did not present the best d. the judge will fine the lawyer of X for his
evidence, that is the tape recordings of Y's failure to produce his client
statement
d. Y's death is indispensable or must 41. Let us assume that in the above case,
have occurred X had appeared at the arraignment and he
wanted to admit the commission of the
37. Assume that when X stabbed Y, the crime only if the offense charged would be
latter was in a no way to identify X as his lowered to homicide. If this is acceptable to
assailant. But Y nevertheless in his dying the prosecution, how would you call this
state had a strong hunch that it was X alone scheme and whose consent is necessary so
he could have possibly done the stabbing, that it may be valid?
hence in his declaration to PEMS Z, he a. case fixing it needs the consent of the
pointed to X as his aggressor. Y died. What judge
will happen to his declaration to PEMS Z? b. crime modification and it needs the
consent of the offended party
a. it will not be admitted as dying c. plea bargaining, it needs the
declaration consent of the offended party and the
b. it will not be admitted as dying prosecutor
declaration but will be admitted as part of d. the scheme cannot be allowed because
res gestae it involves trifling with court processes
c. Y will be subjected to rigid examination
by the defense counsel 42. What is the purpose of the law in
d. it will be considered as declaration punishing impossible crimes?
against pedigree or common reputation a. to suppress criminal
propensities or tendencies
Note: The next four (4) questions are b. to keep the potential criminal off
related to each other the streets

38. At the arraignment of X, the accused c. to serve as an example to others

for the offense of murder, the clerk of court d. to deter others from committing the
had read the information in a language same act
known to X. Upon being asked about his
official plea, X merely vowed his head (or 43. Ambassador Fukimo Mikuto of Japan to
let us say, makes a conditional plea) and the Philippines killed (the) Filipina girlfriend
said nothing. The judge this asked X of his boyfriend Ambassador Jackolino
regarding his official plea but X merely kept Mastovini of Italy. What crime can be
his silence (or say continues to make his charged against the ambassador?
conditional plea). What will be the a. murder
implication of X's silence (or conditional b. physical injury
plea)? c. homicide
a. the judge will order his imprisonment for d. no, crime as she is exempted from
contempt our law
b. the judge will call upon a guard to force
X to make a plea one way or the other 44. Under article 5 of the Revised Penal
c. the arraignment will have to be Code, "when
postponed ever a court has knowledge of any act
d. a plea of not guilty shall be entered which it may deem proper to repress and
for X which is not punishable by law, it shall
render the decision and shall report to the
39. At the arraignment of X, the private Chief Executive, through the________, the
offended party is also required by the court reasons
to attend thereat. What is the reason for which induce the court to believe that said
requiring the private offended party to act should be made the subject of a penal
appear at the arraignment? legislation.”
a. for purpose of plea bargaining a. Department of Justice
b. for purpose of determining civil liability b. Philippine National Police
of the accused c. Department of Interior and Local
c. for purpose of other matters requiring Government
his presence d. Supreme Court
d. all of the above

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45. Under article 12 of the RPC, a person is c. attempted rape
exempted from criminal liability because of: d. consummated rape
a. completeabsence intelligence
b. complete absence of freedom of 49. A wanted to kill B. He thought of mixing
action poison in the drink of the latter. He went to
c. completeabsence of intent the supermarket and bought a pack of rat
d. completeabsence of negligence killer with the intention to mix its contents
e. all of the above to the drink/food of B. On his way home,
with the rat killer on his hand he was
(Note: The next three (3) question are apprehended by the NBI authorities. What
connected to each other) crime did A commit?
a. no crime
46. X is a 4th year criminology student. He b. attempted murder
is deeply in love with Y a beautiful nursing c. sin
student who is studying in the same school d. attempted homicide.
where he is enrolled. X's offer of love to Y
was rejected by the latter. It is for this 50. An adult man killing a child (not related
reason that X decided to rape Y. However to him) is always:
he could not perpetrate his bestial desire a. infanticide
because Y is always guarded by her 6'10” b. cowardice
basketball player boyfriend. Unable to c. murder
satisfy his lust, X merely contented himself d. parricide
in having sexual intercourse with Y in his
deepest, wildest, darkest and wettest 51. Which of the following words does not
imaginations day and night 24/7. What belong to the group?
crime did X commit? a. intent
a. immorality b. lack of foresight
b. attempted rape c. lack of skill
c. sin d. imprudence or negligence
d. no crime
52. X was caught in the act of pouring gas
47. In the above case, assume that X got in the house of another. He was about to
sick and tired of raping Y in his imagination. strike the match in preparation to set the
X wanted a real sexual intercourse but house on fire when he was stopped by
could not do so because Y is already taken alerted citizens. What crime was
by another man and that he is so poor he committed?
could not even afford to hire the services of a. consummated arson
a prostitute. Feeling desperate for b. frustrated arson
companionship and intimate sexual c. attempted arson
relations, X did the unthinkable. One cold, d. no crime
lonely and horrible night he locked himself
up in his room together with "fulgoso” his 53. X got mad with his neighbor so he lit a
female dog and forcefully had sex with the rag soaked with gas and place it against the
latter. What crime did X commit? wall of his neighbor's house. A small, very
a. rape small portion, repeat, very small portion
b. acts of lasciviousness only of the house was burned. The fire that
c. damage to property burned that portion could not have even
d. crimes against the order of nature hurt anyone. Luckily the fire was put out
e. none of the above before it become a major one. What crime
was committed?
48. Assume this time that X had the a. impossible crime of arson
opportunity and the luck to somehow slip b. attempted murder
into the boarding house where Y was c. frustrated arson
sleeping. Nobody was around except him d. attempted arson
(X) and Y as Christmas vacation had just e. arson
begun. X commenced the commission of
the crime of rape by forcefully undressing Y, 54. Grave abuse of confidence is an
touching her and her private parts and example of what king of aggravating
undressing himself as well. In his stark and circumstance?
naked glory, X grabbed his erected a. qualifying
offending organ pointed it at Y's private part
and was about to insert it to Y's vagina b. generic
when in what could be the most bizarre c. inherent
twist of fate, X suddenly suffered from a d. specific
premature ejaculation against his will
causing his private part to go soft and limp 55. Which is NOT a common requisite of
and remained in that state despite efforts of justifying circumstances of self-defense,
X to revive its former glory. No penetration defense or relatives and defense of
took place as a result as it very difficult to strangers?
penetrate another with a flaccid organ. X a. unlawful aggression
was apprehended thereafter. What crime b. reasonable necessity of the means
did X commit? employed to prevent or repel it;
a. impossible crime c. the person defending be not
b. frustrated rape induced by renege, hatred or other evil

5|Page
motive search any member of Congress while
d. both a and b Congress is in regular or special session,
except when such member has committed
a crime punishable under the RPC by a
56. This felony is committed by any Filipino penalty higher than prision mayor.
citizen or an alien residing in the Philippines a. unlawful arrest
who levies war against the Philippines or b. illegal detention
adheres to her enemies giving them aid or c. arbitrary detention
comfort in the Philippines or elsewhere. d. violation of parliamentary immunity
a. Treason
b. Rebellion 63. The felony of_______by any founder,
c. Flight to enemy country director,
d. Sedition and presidents of associations organized for
the purpose of committing any of the
57. What crime is committed by one who crimes punishable^ under the RPC or for
on the high seas or in Philippine waters some purpose contrary to public morals.
shall attack or seize a vessel or, not being a a. illegal assemblies
member of its complement or passengers, b. illegal associations
shall seize the whole or part of the cargo of c. terrorism
said vessel, its equipments or personal d. none of the above
belongings.
a. robbery 64. This is committed by any person who
b. terrorism shall attack, employ force, or seriously
c. piracy on the high seas or Philippine intimidate or resist any person in authority
water or his agents while engaged in the
performance of his duties or on the
58. This felony is committed by any public occasion of such performance.
officer or employee, who without legal a. direct assault
ground such as violent insanity or the b. indirect assault
commission of a crime, shall detain another. c. attempted murder
a. arbitrary detention d. disrespect of rank
b. kidnapping
c. illegal arrest 65. Any person directly vested with
d. grave coercion jurisdiction,
whether as an individual or as a member of
59. This felony is committed by a public some court or governmental corporation,
officer or employee who, not being board or commission, shall be deemed to be
authorized by judicial order, shall enter the ____________________________.
dwelling of another against the will of its a. agent of person in authority
owner. b. public officer
a. trespass to dwelling c. public employee
b. violation of domicile d. person in authority
c. abuse of authority
d. police brutality 66. A person who by direct provision of law
or by
60. This crime is committed by rising election or by appointment by competent
publicly and taking arms against the authority, is charged with the maintenance
Government for the purpose of removing of public order and the protection and
from the allegiance to said government the security of life and property such as
territory of the RP or any part thereof, or policemen and any person who comes to
deprive the Chief executive or Congress any the aid of persons in authority shall be
of their powers or prerogatives. deemed to be
a. coup d' etat _____________________________________________
b. sedition .
c. murder a. person in authority
d. rebellion b. public officer
c. agent of a person in authority
61. What felony is committed by person or d. none of them
persons who belong to the military or police
organizations or those who hold public 67. This is committed by any person who
office or employment who shall make a shall remove from any penal establishment
swift attack directed against duly any person confined therein or shall help
constituted authorities, or any military the escape of such person by means of
camp or installation, communications violence intimidation or bribery.
network or public facilities for the purpose a. infidelity in the custody of prisoners
of seizing state power. b. delivering prisoners from jail
c. conniving to evasion
a. rebellion d. evasion of service of sentence
b. coup d'etat
c. insurrection 68. This felony is committed by any
d. people power convict who shall evade the service of his
sentence by escaping during the term of his
62. What crime is committed by a public imprisonment by reason of final judgment.
officer or employee who shall arrest or a. infidelity in the custody of prisoners

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b. delivering prisoners from jail who shall offend against decency or good
c. consenting to evasion customs by any highly scandalous conduct
d. evasion of service of sentence not expressly falling within any other article
of the RPC.
69. When a convict evades the service of a. Indecency
his sentence by reason of or on the b. Public display of affection
occasion of disorders, earthquakes or other c. Grave scandal
calamities he should return to the penal
institution within forty-eight (48) hours d. Exhibitionism/Lady Godiva Syndrome
following the issuance of a proclamation by
the Chief Executive announcing the passing 75. He is any person who having no
away of such calamity. If he does not do apparent means of subsistence, who has
this he shall suffer an additional penalty of the physical ability to work and neglects to
how much? apply himself to some lawful calling.
a. one year a. vagrant
b. 1/5 b. prostitute
c. 1/5 of the time remaining under the c. pal
original sentence d. tambay
d. 3 day e. bystander

70. A form of repetition wherein a person 76. What do you call that evidence which
shall commit a felony after having been standing alone, unexplained or
convicted by final judgment, before uncontradicted, is sufficient to maintain the
beginning to serve such sentence or while proposition affirmed?
serving the same. If this happens the a. expert evidence
person will be punished the maximum b. secondary evidence
period of the penalty prescribed by the law c. prima facie evidence
for the new felony. d. direct evidence
a. recidivism
b. quasi recidivism 77. Any evidence having any value in
c. habitual delinquency reason as tending to prove any matter
d. reiteration provable in an action:
a. object evidence
71. This is committed either by: a. By b. testimonial evidence
giving to a treasury or bank note or any c. relevant evidence
instrument payable to bearer or to order, d. false evidence
the appearance of a true and genuine
document; or b. By erasing, substituting, 78. The opinion of a (ordinary) witness
counterfeiting, or altering by any means the may be received in evidence regarding:
figures, letters, words or signs contained a. the identity of a person about whom he
therein. has adequate knowledge;
a. falsification b. a handwriting with which he has
b. alteration sufficient familiarity;
c. estafa c. the mental sanity of a person with whom
d. forgery he is sufficiently acquainted
d. impressions of the emotions, behavior,
72. What felony is committed by any condition or appearance of a person
person who shall knowingly and falsely e. all of the above
represent himself to be an officer, agent or
representative of any department or agency 79. Which among the following is NOT an
of the Philippine or any foreign government, exception to the best evidence rule?
or who under pretense of official position a. when the original has been lost or
shall perform any act pertaining to any destroyed or cannot be produced in court,
person in authority or public officer of the without bad faith on the part of the offeror;
Philippine or foreign government, or any b. when the original is in the custody or
agency thereof, without being lawfully under the control of the party against whom
entitled to do so. the evidence is offered, and the latter fails
a. estafa to produce it after reasonable notice;
b. falsification c. when the original consists of numerous
c. usurpation of authority or official accounts or other documents which cannot
functions be examined in court without great loss of
d. illegal use of uniform time;
d. when the original is a public record in
73. This is committed by any person who the custody of a public officer or is recorded
shall publicly and improperly make use of in a public office
insignia, uniform or dress pertaining to an e. when the original is already
office not held by such person or to a class photocopied and the same is I the
of person of which he is not a member. possession of the party offering to
a. illegal use of uniform or insignia prove it as evidence
b. usurpation of authority
c. usurpation of official functions 80. How do you call an admission made by
d. using fictitious name a party in the course of a judicial
proceeding?
74. This felony is committed by any person a. extrajudicial confession

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b. judicial confession b. when the accused attempts to flee from
c. both a and b prosecution
d. hearsay c. when the evidence for the defense is
equally weak
81. How does one classify a carbon copy d. where the judge is confused about the
of a document? facts of the case thus necessitating the
a. it is a duplicate original acquittal of the accused
b. a secondary evidence
c. it is neither of the above 88. How may one prove the contents of an
d. it is substitutionary evidence original document when it has become
82. It is the duty of a person to present unavailable such as when it has been lost or
evidence on the facts in issue necessary to destroyed?
establish his claim or defense by the a. by a copy thereof
amount of evidence required by law. b. by recital of its contents in some
a. burden of evidence authentic document
b. circumstantial evidence c. by the testimony of witnesses
c. preponderance of evidence d. all of the above
d. none of the above -BURDEN OF
PROOF SEE- SECTION 5, RULE 130 OF RULES
ON EVIDENCE
83. Where a private document is more than
thirty (30) years old, is produced from a 89. When the original of a document is in
custody in which it would naturally be the custody of a public officer or is recorded
found, and is unblemished by any in a public office, how may one prove its
alterations, then it may be called as: contents?
a. best evidence a. by Xeroxed copy thereof
b. documentary evidence b. by recital of its contents
c. corpus delicti c. by certified copy issued by public
d. ancient document officer in custody
d. by having the document authenticated
84. An extrajudicial confession shall not be by the City Mayor
sufficient for conviction, unless
corroborated by evidence of: 90. A and B are husband and wife. C is
a. tow witness their only daughter. C was raped by A while
b. affidavit B was abroad. C confided to B that she was
c. corpus delicti raped by A. Can B testify against her own
d. police blotter husband for the rape of her daughter?
a. no, because of the disqualification by
85. This rule forbids the addition to or reason of marriage
contradiction of the terms of a written b. no, because only C, the victim may
agreement. Oral testimony cannot prevail testify against A
over the written agreement of the parties. c. yes, because the disqualification by
The purpose of this rule is to give stability reason of marriage does not apply in a
to written agreements. It came from the criminal case for a crime committed by
French word, meaning word of mouth or one against the other or the latter's
oral statement. descendants or ascendants
a. best evidence rule d. yes, if the judge permits B to testify
b. exclusionary rule without objection from the defense.
c. fruit of the poisonous tree
d. parole evidence rule 91. W is totally blind since birth. One night
while walking on his way home, he heard
86. Which of the following is NOT a the following utterances, "Pedro patay ka
definition of an original document? na hayop ka!” Then another one uttered
a. the original of a document is one the "Juan huwag, anung kasalanan ko sa iyo?” A
contents of which are the subject of inquiry few seconds thereafter gunshots were
b. when a document is in two or more heard and somebody died. Can W be
copies executed at or about the same time, presented as a witness?
with identical contents, all such copies are a. no because he is blind and he did not
originals see who the killer was
c. when an entry is repeated in the regular b. no because he can never be considered
course of business, one being copied from as an eyewitness
another at or near the time of the c. yes because of what he heard and
transaction, all entries are originals he can perceive and make this
d. none of the above perception to others
d. yes because aside from the fact that he
87. Alibi is said to be the weakest defense. is not disqualified W is also not a co
It is a plea that the accused is somewhere conspirator to the killing
else at the time of the commission of the
offense. However, in what instance may the 92. All of these may be established by
defense of alibi acquire a commensurate common reputation EXCEPT:
value in the defense of the accused? a. verbal acts
a. where no positive and proper b. facts of public or general interest
identification of the accused has been c. marriage
satisfactorily made d. moral character

8|Page
93. W witnessed a crime yesterday. rule on
Because of the trauma caused by the priest/ minister-penitent
accidental witnessing of the crime, he lost
his sanity today. Is W qualified to testify as privilege
a witness tomorrow? communication
a. yes because at the time of the
witnessing of the crime he was sane and his 97. Crispin was arrested by the police upon
insanity thereafter is immaterial complaint of the Kura Paroko for allegedly
b. no because he became insane stealing ten pesetas. Upon custodial
c. yes as long as he was sane at the time of investigation, Crispin waived his right to
the commission of the crime and at the counsel and voluntarily confessed his
time of trial a medical doctor would also participation in the stealing of the ten
testify that W became insane because of pesetas. What is the status of the
what he saw. confession?
d. yes provided that at the time that a. the confession is inadmissible because
W would testify, he must have we all know that Crispin is innocent of the
regained his normal sanity crime
b. the confession is admissible if the waiver
94. May a ten (10) year old boy be allowed to counsel was put into writing
to testify regarding a rape case he had c. the confession is inadmissible
witness? because it should be in writing and
a. no, because a ten-year old boy does not made in the presence of counsel
know everything about sex just yet d. the confession in not admissible because
b. no, because, his mother will not allow it was not notarized
him to testify because he's to young
c. yes, if he already has discernment 98. What is the "calling out power” of the
d. yes, as long as he can perceive and President of the Philippines?
can make known his perception to a. it means he has the power to call his
others friends for the purpose of traveling abroad
b. it means he has the power to summon
95. Pedro and Petra are husband and wife. the PNP to disperse unlawful assemblies
During their marriage Pedro confided to and rallies
Petra that he raped Lola Basyang a few c. it means he has the power to call
months back. A year later, Pedro and out the armed forces to prevent or
Petra's marriage was annulled. Assume that suppress lawless violence, invasion or
Lola Basyang files a case of rape against rebellion
Pedro, may Petra testify in court regarding d. I do not know because this is not
the confession made by Pedro to her? supposed to be asked in evidence, it should
a. no, because no one could stomach to have been asked in Philippine Government
rape an old, smelly, teeth less and senile and Constitution subject.
septuagenarian like Lola Basyang. (It's
disgusting!!!) 99. Impeachment is the legal process of
b. no, because it is obvious that Petra is removing certain public officials from the
only jealous and insecure to Lola Basyang's government offices which they hold. All of
charm, because as they say it in the the following are impeachable officers
vernacular, Lola Basyang is "may asim pa.” EXCEPT:
c. yes, because the crime is not committed a. President and Vice President
against her or her ascendants or b. Members of the Supreme Court
descendants c. Members of the Constitutional
d. yes, if Pedro consents to the Commissions
testimony of Petra d. Senators and Congressman

96. Elias, a catholic went to Padre Salvi and Note: the next three (3) questions are
confessed that he together with Crisostomo, related to each other
Basilio and Quiroga were planning to stage
a rebellion. The execution of the plan was 100. X and Y are husband and wife
prevented by alert military intelligence. May respectively they having been married a
the court where the rebellion case is filed, long time ago. During this marriage, X
compel Padre Salvi to testify against Elias confided to Y that he used to be a member
by divulging the specifics of Elias' of a bank robbery and kidnap for ransom
confession? syndicate. When Y learned of this
a. yes, otherwise Padre Salve could be held confession, he lost his affection to X and
liable for rebellion also decided to stay away from him. Later the
b. no, because according to my teacher in Philippine National Police offered Y to act as
junior high school this is not how the plot of witness for the prosecution against X. May Y
Rizal's novel took place testify against X?
c. no, because Elias never confessed a. yes because they are now separated and
anything to that dirty slime Padre Salvi, if Y lost his/ love for X
this is the case, then the question would be b. no because of the rule on privileged
amending the storyline of Rizal's novel marital communication rule
which could raise national protest among c. yes because Y did not know of the
historians, academicians and the background of X
intellectuals. d. no because of the rule on privileged
d. as a general rule no, because of the

9|Page
communication rule unless the spouse 105. Assume in the above case, that Y was
concerned gives his consent merely planning to kill his own wife and he
was just asking the opinion of Attorney X
101. In the above case assume that X and Y how he could do it with legal impunity. May
are common law husband and wife, may Y attorney X this time go to court and testify
on this occasion testify against her against Y?
husband? a. no unless Y gives his consent
a. yes if the husband consents b. yes
b. still no c. no unless the employees of atty. X
c. absolutely yes, the husband consent consents
is immaterial d. no absolutely
d. maybe yes maybe no
106. Assume that parricide case is now
102. Assume that X and Y are legally under trial. Attorney X felt insulted when Y
married. X committed rape against Z. Z is after consulting him about the case did not
the common daughter of X and Y. May Y retain him as his defense counsel in the
testify against X? parricide case despite Y's representation
a. no because of the rule on privilege that he would get attorney X as defense
communication lawyer. To get even with Y, attorney X
b. yes because it is now a crime undertook the prosecution of the case
committed by one spouse against the against Y in the same criminal case. What
other or the latter's direct descendants crime did attorney X commit?
or descendants. a. no crime
c. no because X did not give his consent b. treachery
d. it depends if the child Z would also c. betrayal of trust of an attorney
agree to testify against X his own father d. unethical conduct and treachery by an
attorney
Note: The next three (3) questions are
related to each other 107. Which of the following are elements of
perjury?
103. Attorney X was approach upon by Y A. the oath must be administered by an
who is an accused in criminal case for officer competent to do so
parricide and asked the latter certain B. the testimony or affidavit must have
questions which partook the nature of a been made to comply with a legal
lawyer client relationship. In his queries, Y requirement i,e,,. It must be required by law
was able to disclose to the Attorney X that and must be under oath.
he was the one who actually killed his wife. C. there must be testimony or a statement
Attorney X declined to defend Y as he affidavit made under oath.
believed that Y's case is a hopeless case. D. the witness affidavit must have made
Attorney X now wants to testify against Y willful or deliberate assertion of falsehood
in the same criminal case of parricide in on a material matter subject of inquiry in
which Y is the accused. May attorney X be that case.
allowed to testify against Y? E. ALL THE FOREGOING
a. yes as there is no law which prohibits
him from so doing 108. X was brought before the municipal
b. no because of the privilege hall by angry town's people and every body
communication between lawyer and client was pointing at him and cursing imputing to
c. no because of the privilege him that they caught him in the act
communication between lawyer and snatching the purse of a jeepney passenger.
client unless his client, Y consents to Despite of these accusations X merely
such proposed testimony. bowed his head and said nothing. X silence
d. yes because there is no mention in the is considered as:
case that Y paid attorney's fees to attorney a. admission by silence
X, therefore there is no attorney and client b. exercise of his right to remain silent
relationship to speak of c. extrajudicial confession
d. admission
104. Let us assume in the above case, that
attorney X's stenographer or secretary or 109. X is an accused in a criminal case for
anyone of his employees in his law office rape. X tried to settle the case with the
was able to overheard the confession made family of the offended party. X's act of
by Y to Attorney X. May anyone of this settling the case is:
employee go to court where the parricide a. an offer of compromise and
case is pending and testify against Y implied admission of guilt
regarding the admission made by Y to
attorney X? b. an offer of compromise and is not
a. no because of the lawyer client privilege an implied admission of guilt
and there is no exception to the rule c. a quasi confession of guilt
b. yes so long as the Y client consents if he d. an offer to settle the case to buy
does not no peace
c. as a general rule no, unless attorney X
gives his consent Scenario
d. no, as a general rule, unless both Alden was convicted for Homicide and
attorney X and the client Y give their was sentenced to suffer an
respective consents imprisonment from 14 years and 1 day

10 | P a g e
to 17 years. While serving his sentence 118. After arraignment, the accused failed
he was allowed to escape from his cell. to appear in the subsequent trial dates. The
trial can proceed even in the absence of the
110. If the offender is the custodian of the accused and such situation is termed as
convicted prisoner what crime was what?
committed? a. absent accused
a. Delivering prisoners from jail b. escaped accused
b. Evasion of service c. trial in absentia
c. Infidelity in the custody of d. trial on merit
prisoners
d. Other cases of evasion 119. Hon. Mayor Ato, while in office,
unlawfully acquired various properties. Due
111. If the offender is not the custodian at to his connection, no one filed a criminal
the time of the escape of said prisoner, case against him. And even if one is filed,
what crime was committed? the crime is already prescribed. Can the
a. Evasion of service state still recover the unlawfully acquired
b. Delivering prisoners from jail properties of the said mayor?
c. Infidelity in the custody of prisoners a. It depends
d. Other cases of evasion b. possible
c. no
112. What is the liability of the convicted d. yes
prisoner serving his sentence?
a. Evasion of service 120. The accused was convicted and was
b. Delivering prisoners from jail sentenced to suffer an imprisonment of 6
c. Consenting or conniving to evasion years and 1 day.
d. Evasion through negligence Can the said accused file a petition for
probation?
113. But the detention prisoner conspires a. possible
with the one letting his escapes said is b. no
liable for as principal c. yes
by indispensable cooperation. d. It depends
a. Delivering prisoners from jail
b. Infidelity in the custody of the prisoner 121. Under our existing criminal procedure,
c. Evasion of service who automatically enter a plea of not guilty
d. Evasion through negligence if the accused refuse to plea?
a. prosecutor
114. Suppose that Alden is a detention b. guardian
prisoner and was allowed to eat and drink in c. court
a nearby restaurant on several occasions. d. defense lawyer
He is however well-guarded at all times. The
warden allowed him to go out of his cell 122. In the case of Evasion of service of
without any consideration whatsoever. The sentence, the person who escaped from
warden may be charged with what crime? prison must have been convicted by final
a. Evasion of service of sentence judgment and is serving what?
b. Evasion through negligence a. destierro
c. Conniving or consenting to evasion b. imprisonment
d. Infidelity in the custody of prisoner c. penalty
d. banishment
115. What is the liability of the jail guard if
the evasion of a prisoner should take place 123. Under the penal laws and
through his negligence? jurisprudence, all criminal prosecutions in
a. delivering prisoners from jails the entire country shall be done by the
b. evasion through negligence prosecutor. Is there an instant where a
c. reckless imprudence private lawyer hired by the victim can
d. conniving with or consenting to evasion prosecute a case even without the presence
of the public prosecutor? The answer is yes,
116. It is the way or method fixed by law however, the said private lawyer shall
for the apprehension and prosecution of secure written authority from the city
persons suspected or having committed a prosecutor to what?
crime. It includes the imposition of penalty a. Behave
in case of conviction. What is it? b. Defend
a. Criminal procedure c. continue
b. Inquisitorial scheme d. prosecute
c. accusatorial system
d. civil code 124. How many years is the prescriptive
period on crimes punishable by correctional
117. Are search warrants by the courts of penal ties (not exceeding 6 years)
law always issued in the name of the a. 15
Philippines? b. 2
a. no
b. it depends c. 5
c. possible d. 10
d. yes
125. In putting up self-defense in criminal

11 | P a g e
prosecution, as prober, you have to deride or insult. It is called?
determine the
existence of the most important element a. Harana
which is what? b. charivari
a. deliberate c. chorus
b. actual killing d. videoke
c. motive
d. unlawful aggression 133. When one speaks of capital
punishment or crime with afflictive
126. A married man had sexual intercourse penalties, said crime is categorized as?
with another woman not his wife. The latter a. Less grave
filed a case of concubinage against the b. serious
paramour of her husband only. Will that c. grave
prosper? d. culpable
a. no
b. yes 134. When the judge directed the
c. it depends prosecutor to qualify the witness',
d. possible what does it mean? Witness is?
a. To take an oath
127. Pre-trial conference in criminal cases b. An expert witness
is mandatory. One of the matters that c. Ready for trial
should be taken during the said proceeding d. Due for cross examination
is stipulation and admission of facts. The
purpose of entering into a stipulation or 135. If the motion to quash is based on an
admission of facts is to what? alleged defect in the complaint/information,
a. Ensure justice and fair play the court shall order its?
b. making sure of facts a. Amendment
c. expedite trial b. accuracy
d. Corroborate either side party c. culpability
d. particulars
128. In the Philippines or even in other
countries, crime or offense crimes or 136. Under the rules of court, the lifetime
offense are committed either by of a search warrant is how many days from
commission of an act or what? its issuance?
a. consummation
b. omission
c. overt violation
d. intent

129. A barangay chairman, without any

legal except in strong suspicion that the
number one police character in their area
will commit a crime, detained the high risk
suspect for 10 hour. Is there a crime
committed and in the affirmative what?
a. Illegal detention
b. arbitrary detention
c. none
d. Expulsion without legal ground.

130. Under the best evidence rule, the

original1 document must be produced
whenever its content are the subject of
inquiry; a photocopy is not admissible
unless it is shown that the original copy is
not available. The photocopy is what kind of
evidence?
a. Primary
b. tertiary
c. secondary
d. last

131. What kind of penalty shall be imposed

if the offense was committed by a member
or a person who belongs to an organized
syndicated crime group?
a. Maximum
b. minimum
c. minimum
d. death

132. In criminal law particularly in alarms

and scandals, this means a mock serenade
of discordant voices or sounds designed to

12 | P a g e
a. 5
b. 10
c. 20
d. 8

137. The accused pleaded guilty when a. Probation

arraigned. However, since the charge is a b. executive clemency
capital offense, the court directed the c. parole
prosecution to present its star witness. In d. none
the middle of the testimony of the
eyewitness, the accused changed his mind 141. What do you call the wooden hammer
and requested the trial court to allow him to like instrument being used by judges during
change his plea of guilty to not guilty. Is it hearings?
legal? a. Gavel
a. No b. shaver
b. possible c. swivel
c. it depends d. mallet
d. yes
142. A and B are best of friends.to seal
138. Under the territorial application of our their mutual agreement that & come what
criminal law, every crime committed within may they will help each other until death-
the Philippines territory is punishable. they sealed their covenant with their own
Supposing in a parachuting competition in blood. Frustrated because his sweetheart
Subic, an American participant, while left
2000 miles in the air, was shot to death by B asked A to push him immediately before
a Nigerian rival can the latter be charged the train passes near their house and as a
criminally in our local court? result, B died. However, before B died, he
a. It depends thanked his best friend A for a job well
b. yes done. What is the crime committed?
c. no a. Assisted in killing
d. possible b. Giving assistance to suicide
c. Death under tumultuous affray
139. In the legal period of duration of d. No crime at all
divisible penalties under art. 76 of the RPC
there are 3 periods and these are medium, 143. Mendicancy law on the giving of small
maximum and what? amounts of money to street beggars is a
a. Fixed special law. When arrested for violating the
b. reclusion said law, the suspect argued that he should
c. no not be held liable because his motive is not
d. possible to violate the said law but to help the poor.
Would you still charge criminally the man
140. A disposition wherein an accused, with a soft heart for the poor?
after conviction and sentence is released a. It depends
subject to the condition imposed by the b. no because the motive is good
court and into the supervision of a c. never
probation officer is called? d. Yes

144. What is the stage of the proceedings

in court where the plea bargaining,
stipulation of facts, markings of exhibits,
etc. are considered or discussed?
a. Pre-trial conference
b. Trial
c. Arraignment
d. Preliminary conference

145. In the classification of crimes

according to nature, whether mala in se or
mala prohibita in the former, what is the
indispensable requirement, if there is any?
a. Intent
b. Nature
c. accidental
d. none

146. When in court, everyone including the

police officers are under obligation to show
respect and dignity to the court by always
addressing the presiding judge as what?
a. Your Honor
b. Your majesty
c. Justice
d. Sir

13 | P a g e
147. A was charged with homicide and
after 10 years of litigation, he was
convicted and sentenced to suffer 18 years
of imprisonment and a civil damage of Pl00,
000. 00. While on Appeal, he died of
tuberculosis. His death ended the
imprisonment penalty. How about the civil
liability?
a. The obligation continues unless waived
b. Still with obligation

c. It depends on the outcome of the appeal

d. No more obligation

148. Generally, plea bargaining is made

during what stage of the criminal
proceeding? him, happen and it did. Meanwhile, in his new place
a. Pre-trial of
b. Arraignment assignment, the cop claimed that in the house
c. trial-proper of a certain Oscar, the said man has, in his
d. promulgation custody and safe keeping, a gold bar, a part of
the Yamashita treasure.as the only
149. PO2 is a gifted man and is in criminologist in the police office, what shall you
fact considered by many in their do to verify the said policeman?
office as having a third eye. There a.Conduct surveillance
was a time when he said that there b. Ransack Oscar's house
will be two kil1lings that will take c. Require PO2 to have an oath
place that week and it happened.
In another instance, he predicted that a big
fire will

150. What is this stage of the proceedings

in court wherein the decision of the court in
a case is being read in open court of a court
personnel?
a. Promulgation
b. arraignment
c. imposition
d. determination

151. Contracting a second or subsequent

marriage before the former marriage has
been legally dissolved is what crime?
a. Bigamy
b. simulation
c. none
d. usurpation

152. Under the Rules on Summary

Procedure, how many days is allowed for
the courts to render judgment?
a. 30
b. 15
c. 40
d. 20

153. Insurrection as one of the crimes because while ne indeed had the intention
against public order, the principal1 to rob the shop it did not
objective of the movement is not to materialize. The argument is correct
overthrow the government but to affect because there was at that point what?
what kind of changes in the government? a. No loss whatsoever
a. Minor
b. Specific b. A guard in the pawnshop
c. general c. Commotion
d. major d. No overt act.

154. One day, a trying hard hold upper 155. May a potential accused be excluded
went to his intended pawnshop target in from the information or charge sheet to be
Chinatown, Manila bur upon seeing that his utilized as a state witness without the
bare hands and a knife has no match to an approval of the court?
armed security personnel thereat, a. Yes
voluntarily desisted. Investigated by a b. It depends
rookie prober but from the Manila's finest, c. no
he argued that he should note be charged d. possible

14 | P a g e
156. In the study of criminal laws, specially
laws outside RPC, is good faith in
committing a Crime against a special law a
defense?
a. Yes
b. It depends
c. no
d. maybe

157. In this crime, the proof needed for

conviction is by showing the purpose of the
uprising; there must be proof beyond
reasonable doubt.
a. Rebellion
b. Treason
c. Coup d'etat
d. Sedition

158. The most important element in self-

defense is unlawful aggression. There can
be no self-defense unless the victim first
commit unlawful aggression against the
person who resorted to what?
a. Treachery
b. Self-defense
c. killing
d. self-denial

159. A Couple had a bitter quarrel. Running

after his wife, the husband was seen by
their son and the latter, in order to stop his
father from hurting his mother, hit his
mother with a piece of wood fracturing his
skull and causing his death. The son was
charged with parricide. This is a classic
sample of what
kind of defense?
a. Complete defense of mother
b. None of these
c. Defense of relative
d. Incomplete self defense

160. In criminal law, in order to validly

invoke excepting Circumstance, there must
be absence of what on the part of the
invoker?
a. Malice
b. Freedom
c. necessity
d. aggravating

161. Under art. 125 of RPC how many hour

shall a cop deliver or file a case at the
prosecutor's office or municipal judge in
crimes punishable with light penalties?
a. 8
b. 6
c. 12
d. 18

162. Mutiny and piracy are practically the a fight was already taken from him by his
same. The only difference is that in Mutiny, adversary, can the latter validly invoke self-
the offenders are passengers or crew defense if and when he still killed the said
members while in piracy, the attackers are fleeing man?
what to the vessel? a. Yes.
b. It depends
a. crew members c. no
b. officers d. possible
c. passengers
d. strangers 164. The mental capacity of a minor to fully
appreciate the consequences of his
163. If an unlawful aggressor runs away unlawful act, which capacity maybe known
from the crime scene because the weapon and should be determined by taking into
on his possession he also intended to use in account all the facts and circumstances

15 | P a g e
afforded by the records in each case is what
we call?
a. Incapacity
b. Culpability
c. discernment
d. determination

165. The crimes of piracy and brigandage

are qualified and provided with greater
penalties if this
crime is also committed on the occasion of
the said crimes. Which of the herein crimes
is that?
a. Robbery
b. Grave slander
c. rape
d. estafa

166. In searching domicile under art. 130 of

ne RPC, if owner of the house or any
member or the family is not around, how
many witness residing in that area is
required in order to have a valid search?
a. 3
b. 1
c. 4
d. 2

167. Which of the following is an exempting

circumstance? When the crime is
committed by a person
a. who had no intention to commit so
grave a wrong as that committee
b. who acts under the compulsion of
an irresistible force
c. who acted with abuse of confidence or
obvious ungratefulness
d. in contempt of public authorities

168. When offered evidence is not

objected, such failure to object amounts to.
a. A waiver
b. A denial
c. An admission
d. A deferment

169. Minority is considered either as

circumstance.
a. A justifying or mitigating
b. An aggravating or justifying
c. An exempting or mitigating
d. An aggravating or exempting

170. The disposition of the court regarding

the culpability of the accused in the case
including the penalty to be imposed is
known as:

16 | P a g e
a. b.
Termination
b. Ransom
c. Evidence
Order c. Judgment d. Money
d. Motion
171. Republic Act 8177 is otherwise known as 179. The Bouncing Check Law is covered by
the law designating: the rules on:
a. Crimes as heinous a. Regular procedure
b. Certain acts as constituting hazing b. Pre-trial
c. Cases with the jurisdiction of the MTC c. Preliminary investigation
d. Lethal injection d. Summary procedure

172. The motion for leave of court to file 180. If no appeal is made, a judgment becomes
demurrer to evidence shall be filed within final after days from its promulgation
period of 5 days after the prosecution rests its
case.
a. a non-extendible
b. the extra
c. the required
d. an extendible

173. When fire is used with the intent to kill a

particular person who may be in a house and
that
objective is attained by burning the house, the
crime is
a. Murder only
b. Arson with Homicide
c. Arson only
d. Homicide with Arson

174. Kupal is a Japanese citizen who had

resided in Pangasinan for 30 years. When Japan
declared war against the Philippines. Kupal and
his numerous Japanese friends attacked a
military detachment manned by Filipino
soldiers. What crime did Kupal commit?
a. Rebellion
b. Treason
c. Espionage
d. Levying war

175. Benigno is a sugarcane planter in

Hacienda Ymana. He nurtured a grudge and ill
feeling against Don Geraldo, the owner of the
hacienda because he had not been giving his
workers their due share and benefits. Benigno
attacked Don Geraldo with fist blows and kick
blows. What crime did Benigno
commit?
a. Direct Assault
b. Homicide
c. Attempted Homicide
d. Physical Injuries

176. In the crime of making and importing and

uttering false coins, the following elements
must be present EXCEPT:
a. There be genuine coins
b. There be false or counterfeited coins
c. In case of uttering, the offender connived
with the counterfeiters
d. The offender made, imported or uttered
such coins

177. The following are considered in

determining the sufficiency of the information
EXCEPT
a. Name of the clerk of court
b. Acts complained of
c. Designation of the offense
d. Date of commission of the offense

178. Maltreatment of prisoners is qualified if

the purpose is to extort:
a. A confession
a. 30

17 | P a g e
b. 15
c. 20
d. 60

181. At present, one of the following is NOT

authorized to conduct preliminary investigation
a. Prosecutor
b. Judges
c. Assistant city prosecutor
d. State prosecutor

182. Offenders are from criminal 1iability if

they are completely wanting in discernment at
the time
that they committed the offense.
a. Justified
b. Mitigated
c. Aggravated
d. Exempted

183. When the accused is completely deprived

of reason or discernment or freedom of the wil1
at the time of committing the crime, it is said
that is present.
a. Insanity
b. Lack of skill
c. Status
d. Aberration

184. Imbecility us exempting in all cases while

insanity is not if the offender committed the
crime during a lucid interval. This statement is
correct.
a. False
b. True
c. Partly true
d. Partly false

185. The following are aggravating

circumstances EXCEPT:
a. A crime is committed in a place dedicated to
religious worship
b. Taking advantage of his public position by
the offender
c. Act is committed with insult to public
authorities
d. The offender is deaf and dumb

186. Intellectual property violations is defined

and penalized under Republic Act
a. 9346
b. 8551
c. 8293
d. 7695

187. An admission by a conspirator is 188. In this case, conspiracy may be

admissible against his co-conspirator if the appreciated against Mr. Berks. This statement is
following are present EXCEPT if the: correct.
a. Admission relates to the conspiracy a. True
b. Admission was made extra judicially b. False
c. Partly false
c. Conspiracy is shown by evidence other than d. Partly true
the admission
d. Admission was understood 189. The robbery in this case may be
considered to have been committed by a band
SITUATION because there
Mr. Berks is a friend of Mr. Nagplano, are four (4) malefactors. This statement is:
Kasabwat, Kasama at Kakosa. One night, a. Partly true
Mr. Berks said four b. Partly false
(4) friends met at his house to plan a c. False
robbery. Mr. Berks begged off to join the d. True
talks because he has a
foot injury, telling them that he wil11 just 190. It can be said in this case that Mr. Berks
be a liability to them. The foursome conspired with his four (4) friends to commit an
carried out the plan and all of them, offense.
including Mr. Berks were arrested. This statement is:

18 | P a g e
a. True 197. Under the Rules of Evidence, the knife
b. False used by Mr. Siga in killing Mr. Biktima is called
c. Partly true a. Relevant
d. Partly false b. Object
c. Physical
191. Mr. Berks can be said to have conspired d. Collateral
with his four (4) friends because of his
association with them and because he allowed 198. To be state witness, one of the accused
them to hatch their plan in his house. This must voluntarily execute a sworn statement in
statement is: support
a. Partly true of his discharge. If the court denies the motion
b. False to discharge said accused filed before the
c. Partly false prosecution rest its case, his sworn statement
d. True shall be as
a. Admissible in evidence.
SITUATION b. Inadmissible evidence.
Mr. Pikon is angry with Mr. Alaskador. One c. Admitted as material evidence.
day, when Mr. Alaskador left for town. Mr. d. Conditionally admitted as material evidence.
Pikon went to his nipa hut and
deliberately damaged and removed the 199. The number of days the accused has to
sawali sidings of Mr. Alaskador's house. prepare for trial after a plea of not guilty is
Contented with the damage and he was entered.
about to leave the scene when he decided a. At least 30 days
that he could use the sidings of Mr. b. At least 15 days
Alaskador's house to repair his house so, c. At least 20 days
he took it home. d. At least 60 days

192. Mr. Pikon is liable for: 200. The trial shall commence:
a. Malicious mischief a. Within 30 days from receipt of the pre-
b. Destruction of property trial order.
c. Theft b. Within 45 days from receipt of the pre-trial
d. Robbery order.
c. Within 20 days from receipt of the pre-trial
193. One of the following statements is true Mr. order.
Pikon is d. Within 15 days from receipt of the pre-trial
a. Liable for malicious mischief order.
b. Not liable for any crime
c. Liable for robbery 201. The status of an essential witness
whenever his whereabouts are unknown or his
d. Liable for theft whereabouts cannot be determined by due
diligence.
194. One of the following statements is true:
a. Mr. Pikon is not liable for any crime
b. Theft is committed by Mr. Pikon because he
used the sidings of the house after having
maliciously damaged it
c. Robbery is committed by Mr. Pikon because
he removed the sidings of the house
d. Malicious mischief is committed by Mr.
Pikon because he deliberately caused
damage to the sidings of the house

195. To constitute malicious mischief, any of

the following requisites must be present
EXCEPT:
a. The offender deliberately caused damage to
another's property
b. He damage the property merely for the sake
of damaging it
c. The act does not constitute arson
d. The offender deliberately caused
damage to his own property

196. In a murder case, Po1 Imbestigador

presented a knife to prove that it was the same
knife used by Mr. Siga in killing Mr. Biktima. Mr.
Siga admitted it was the knife he used in the
killing. The court admitted the knife as evidence
without exercising its power to see for itself the
relevancy of the knife.
The discretion of the court in not exercising its
power of senses is incorrect. This statement is:
a. Partly true
b. True
c. Partly false
d. False

19 | P a g e
a. Unavailabl no longer file a criminal case. In crimes
e punishable by life imprisonment, how many
b. Absent years are required to pass before the state can
c. Hostile no longer validly file the case.
d. Adverse 202. One reason for the re-opening of b. indivisible
trial of a case. c. prision mayor
a. The case is appealable d. reclusion perpetua
b. Newly discovered evidence
c. The appearance of an essential 209. Prescription of crimes under art 90
witness of the RPC refers to the period or years
d. To avoid miscarriage of justice upon where the state can
motion and with hearing

203. After the prosecution rested its

case, the accused f1led a demurrer to
evidence. Would double jeopardy be a
valid defense if he charged again with
the same offense against?
a. Yes, because the dismissal is
tantamount to acquittal.
b. Yes, the case was not terminated on
its own merits.
c. No, because the dismissal is with his
consent or upon his own motion.
d. No, the case was not terminated on
its merits hence double jeopardy is not a
valid defense.

204. After the prosecution has rested its

case, the accused file a motion to
dismiss, with or without leave of court;
this rule is known as
a. Bill of particulars
b. Demurrer to evidence
c. Summary proceeding
d. Motion to quash

205. The entire trial period should not

exceed

from the first day of trial, except if

authorized by special Law or by the SC
circulars.
a. 120 days
b. 90 days
c. 180 days
d. 60 days

206. As a general rule, the silence of

the accused should not prejudice him
the following are exception:
a. If the prosecution has already
established a prima facie case
b. If the defense of the accused is an
alibi
c. All of the above
d. None of the above

207. It is the adjudication by the court

that the accused is guilty or not guilty of
the offense charged,
and the imposition of the proper penalty
and civil liability provided for by law on
the accused.
a. Sentence
b. Acquittal
c. Interlocutory
d. Judgment

208. In criminal law, when one speak of

capital offense, it connotes that an
offense wherein the imposable penalty
when committed as charged is what?
a. divisible

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a. 20
b. 30
c. 10
d. 15

210. In the prescription of an offense, secluded place but with the consent of
the period of prescription shall start to the latter. The accused is liable for the
run on the day on which the crime is crime of_____
what? A. forcible abduction
a. Planned B. qualified abduction
b. discovered C. simple seduction
c. filed
d. investigated

211. In the legal period of duration of

divisible penalties under art. 76 of the
RPC, there are 3 periods and these are
medium, maximum and what?
a. Fixed
b. reclusion
c. none
d. possible

212. After the decision was rendered by

the court disposing of the case, which of
the following remedies allows the
presentation of new evidence?
A. motion for reconsideration
B. motion for new trial
C. notice of appeal
D. petition for review

213. Which of the following facts needs

evidence?
A. acts of legislature
B. laws of nature
C. crime committed
D. territory of the Philippines

214. The following are the elements of

dying
declaration, except the_____
A. a declaration is in connection with a
startling occurrences or equivocal
actions
B. the declarant is competent to
testify.
C. declaration pertains to facts or
circumstances surrounding the
declarant's death
D. declarant must eventually die

215. The accused is being charge for

light felony which has alternative
penalty of payment of fine not
exceeding p200.00. He has been
detained in jail for more than 1 month.
The prosecutor opened up the possible
plea of guilty. What options of advice
can you give the accused?
A. that if he pleads guilty, the penalty
will be fine of p200.00 or less and he will
be released already.
B. all of these
C. that if he pleads guilty, he is deemed
guilty and his conviction will be entered
in the record of the court.
D. that if he pleads guilty, considering
that he had been detained for more than
1 month, he will be released already.

216. The accused with lewd design

brought the woman who is a minor in a

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D. consented abduction III- that the mistake must be without fault or
217. The arraignment and pre-trial has been performing the act should be lawful.
terminated. When is the time for the defense to
present its witness? carelessness on the part of the accused.
A. as may be ordered by the court A. II, III
B. after the prosecution has offered its B. I, II, III
exhibits. C. I, II
C. after the prosecution has rested its D. I, III
case.
D. as may be agreed during pre-trial. 225. The following are considered an original of
a document:
218. The form of evidence that is consisting of I- An entry repeated in the course of business,
letters, one being copied from another at or near the
symbols, numbers, or any inscription is_________ time of the transaction.
evidence. II- a carbon copy of any document resulting
A. newsletter from the same stroke of the handwriting
B. newspaper III- any copy of a document executed in
C. books triplicate copies at or the same time.
D. documentary A. II, III
B. I, III
219. The crime committed is punishable with a C. I, II
penalty* of one year and below, the D. I, II, III
complainant and the suspect without a warrant.
How would you best deal with the situation? 226. Whenever a new statute dealing with
A. I will handle the forced mediation and crime establishes conditions more lenient or
conciliation between the parties. favorable to the accused, it can be given a
B. Arrest the offender without a warrant since a. Retroactive effect
there is a complainant. b. Proactive effect
C. Suggest that the parties bring the c. Lenient effect
issue before the barangay for conciliation d. Benefit of the doubt
proceedings.
D. None of the above 227. May the crime of coup d'etat be possibly
committed by a single person?
220. The prosecution shall offer the testimony a. No
of its b. Maybe
witness during at_________________. c. Yes
a. the time the exhibit are formally offered d. It depends
b. the time the prosecution witness is
called to testify 228. Totoy demanded from the victim "tol
c. the time as ordered by the court to offer the pera pera lang to dahil kailangan lang. The
testimony victim refused to part with his earnings and
d. the time the exhibits are identified and resisted. He even tried to get out of the taxicab
marked. but Totoy pulled him back and stabbed him.
Randy, Rot-Rot and Jon-Jon followed suit and
221. When in the commission of the crime, the stabbed the victim with their bladed weapons.
exercise of freedom action is absent, which of The victim was able to flee from the vehicle
the following is the applicable modifying without anything being taken from him. The
circumstances? robbery in this case is:
A. alternative a. Attempted
B. exempting b. Frustrated
C. mitigating c. Consummated
D. justifying d. None of the above

222. If the original of the document cannot be 229. If a victim parts with his money, in a
presented in court, what is this documentary sense, voluntarily then the crime is:
evidence that may be presented in court? a. Robbery
A. photocopy evidence b. Bribery
B. replacement evidence c. Grave Coercion
C. primary evidence d. Grave Threats
D. secondary evidence
230. In robbery with homicide, the law
223. Which of the following is not a source of requires that the homicide be committed with
criminal law? intent to kill.
A. special penal laws a. True
B. resolution b. False
C. ordinances c. Partially True
D. revised penal code d. Partially False

224. Which of the following are the elements of 231. Suppose the victims were killed with
mistake of facts? treachery and not for the purpose of committing
I- That the act done would have been lawful robbery and the idea of taking the money and
has the facts been as accused believed them to other personal property of the victims was
be. conceived by the culprits only after killing. The
II- that the intention of the accused in crime committed in this case is?

22 | P a g e
a. Homicide 239. Intelligence is an element of felony. To
b. Robbery prove otherwise, is to prove the accused is .
c. Robbery and Murder A. under the concept of mistake of fact
d. Robbery with Homicide B. deprive of cognition when the crime
was committed
correct ans. Murder and Theft C. under the compulsion of an irresistible force
D. under the concept of mistake of identity
232. While praying in church, A felt and saw
his wallet being taken by B, but because of the 240. Which of the following acts in the
solemnity of the proceedings, did not make any development of crime is NOT punishable by
move; while the taking was with his knowledge. law?
Here: I - internal acts to commit a crime II - external
a. The crime is theft acts to commit a crime
b. The crime is robbery III - motivating acts to commit a crime
c. The crime is unjust vexation A. II, III
d. No crime as the taking was with his
consent B. I, III
B. I, III
233. Where the finder of the lost or mislaid C. I, II
property entrusts it to another for delivery to a D. I
designated owner, the person to whom it is
thus* confided, assumes by voluntary 241. Which of the following are the two acts in
substitution, as to both the property and the the development of the crime that a person
owner, the same relation as was occupied by passes through?
the finder. If he misappropriates it, the crime is: I - internal acts to commit a crime II - external
a. Swindling acts to commit a crime
b. Theft III - motivating acts to commit a crime
c. Robbery A. I, II
d. Malversation B. I, II, III
C. I, III
234. When a lawyer pretending to verify a D. II, III
certain pleading in a case pending before a
court, borrows the folder of the case and 242. For testimony to be admissible, it has to
removes or destroys a document which be based on .
constitutes evidence in the said case is guilty A. personal knowledge
of: B. hearsay evidence
a. Theft C. object evidence
b. Robbery D. documentary evidence
c. Infidelity in the custody of
documents 243. When shall provisional dismissal of
d. Estafa offense punishable by imprisonment not
exceeding (6) years become permanent?
235. After the conviction at the regional trial A. three years
court, bail is B. one year
A. a matter of right of the convict C. one century
B. discretionary to the convict D. two years
C. discretionary to the court
D. granted before conviction contentious 244. Which of the following is a crime of mala
in se?
236. The accused with lewd design brought the A. Offenses punished by the revised election
woman who is a minor in a secluded place but code, a special law, for the omission or failure to
with the consent of the latter. The accused is include a voter's name in the registry list of
liable for the crime of . voters.
A. simple seduction B. Violation of comprehensive dangerous drug
B. consented abduction act
C. forcible abduction C. Illegal possession of firearms
D. qualified abduction D. Offenses defined and punished by the
revised penal code
237. If factum probans refers to evidentiary
fact, factum probandum refers to . 245. When two persons committed the crime
A. facts in issue by directly taking part to the accomplishing the
B. ultimate facts same crime, both accused is criminally liable as
C. evidentiary issue .
D. main issue A. accomplice
B. accessory
238. Intelligence is an element of felony. To C. principal
prove otherwise, is to prove the D. conspiracy
accused is .
A. under the concept of mistake of fact 246. The crime of robbery, in general, is
B. deprive of cognition when the crime committed when the accused shall take the .
was committed A. personal property of another by means
C. under the compulsion of an irresistible force of violence or intimation
D. under the concept of mistake of identity B. real property of another by means of
violence or intimidation

23 | P a g e
C. property of another by means of hold-up

24 | P a g e
D. property of another without the consent of the latter

247. A person committed the crime of murder,

he has committed .
A. a felony
B. an offense
C. a crime
D. an act or omission
248. Which of the following is not one of the
conditions in order that the criminal law may
not be given retroactive application?
A. the offender is a first time offender
B. the criminal law is favorable to the accused
C. there must be a valid criminal law

249. The law enacted by congress that imposes

a penalty, other than the revised penal code* is
.
A. ordinance
B. statute
C. criminal code
D.special penal laws

250. For a person to be held criminally liable,

his unlawful act must be the of the injury
inflicted.
A. causal connection
B. proximate cause
C. intervening cause
D. probable cause

D. the offender is not habitual delinquent

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