d.

pnmct0c
131. To be nble to 11v11II of the mltl9fttln<Jctrc11mst11nce of conc llng d11honor for th crlm of tibortlon, the
offender mu.st be 1000 STARS
n. nny of the gr"ndp1m•nt
b. the f"ther of the child

c. the paternal gnmdparcnt

d. the maternal grandparent
132. lt Is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal
offense and for their punishment In case of conviction. It provides the step by which one who Is found guilty of a
crime Is to be punished:
a. Criminal law
b. Criminal procedure
c. Criminal evidence
d. Substantive law
Remedial law - procedural law - adjective law - promulgated Supreme Court -
133. It Is the principal law office of the Philippine government. It Is tasked to represent the People of the
Philippines, the Philippine Government, Its agencies and Instrumentalities, officials and agents In any lltlgatlon or
matter requiring the services of a lawyer:
a. Office of the Solicitor General (OSG)
b. Department of Justice
c. Ombudsman
d. Integrated Bar of the Philippines (IBP)
e. Public Attorney's Office

134. Under whose direction and control shall all criminal actions commence by complaint or Information lodged?

a. Private offended party

b. Presiding judge
c. Public prosecutor
d. Private prosecutor
135. What is that sworn statement charging a person with an offense, subscribed by the offended party, any peace
officer, or other public officer charged with the enforcement of the law violated?

a. Complaint
b. Information
c. Subpoena
d. Affidavit
136. What Is that accusation In writing charging a person with an offense, subscribed by the prosecutor and filed
with the court?

a. Complaint
b. Information
c. Subpoena
d. Affidavit

137. In (Metropolitan) Manila and other chartered cities, the complaint shall be flied with the Office of the
unless otherwise provided In their charters. 1000 Sf ARS

a. Prosecutor
b. Private prosecutor
c. PAO
d. Clerk of Court
143. The caption of the Information expressly states that the crime charged Is murder, but the reading of the
body of the Information says the crime Is any crime other than murder. In a complaint or Information, how Is the
real nature of the crime charged determined?
a. By the facts recited In the body of the complaint or Information
b. By the title or caption of the complaint or Information
c. By the designation of the offense made by the offended party
d. By the amount of the filing fee paid by the offended party
Information - Designation • For: Sllght Physical Injuries - Body of the Information - Serious Physlcal Injuries
144. Marla boarded a taxi cab. The driver of the taxi oot Instantly attracted to Marla. He asked Marla If they could
have a date In a nearby disco. Marla refused. When the driver heard this refusal, he accelerated the speed of
the taxi and threatened that unless Marla agreed to a date, he would bump the taxi. What crime was committed by
the driver?
a. Grave threats
b. No crime
c. Anti-violence against women
d. Grave coercion

145. This Is an Inquiry or proceeding to determine whether there Is sufficient ground to engender a well-
founded belief that a crime has been committed and the respondent Is probably gullty, and should be held
for trial:
a. Preliminary Investigation
b. Preliminary examination
c. Inquest
d. Custodial investigation
e. Pre-trial

P.1. - at least 4 years, 2 months and 1 day- minimum and above - regardless of the fine
146. It Is an Informal and summary Investigation conducted by a public prosecutor In criminal cases Involving
persons arrested and detained without the benefit of a warrant of arrest Issued by the court, for the purpose of
determining whether or not said persons should remain under custody and correspondingly be charged in court:
a. Preliminary Investigation
b. Preliminary examination
c. Inquest
d. Trial in absentia

1. Dismissed 2. Release for 3. Probable cause - 4. P.I. - Motion for a

Laya - tapos further Information - P.1.
No probable investigation Court
cause - illegal Yes - provided
pag-aresto Labas ka muna - pero sl Kasa ay may may p.l. - Motion - Waiver ng Art.
fiscal magka conduct pa • 125 RPC
siya ng P.I.
P.I. - 15 days
12, 18, 36 hours - Art. Within 5 days - mula ng
125, RPC malaman mo na naisampa Assisted ng counsel
na ang Information sa
Counter- Affidavit Court - Motion for a P.I.

15 days - 1000Stars - Court - file

terminate ang P.I.
Hearing - within 5 days
No Probable cause
dismissed Qulboloy - Stop muna
Probable cause - ung kaso sa Korte
Information
Fiscal - P.1.

147. How can the accused exercise his right to compulsory process to secure the attendance of his witness
and production of evidence on his behalf?

a. By filing petition for writ of amparo

b. By filing petition for writ of habeas data
c. By praying to the court to issue subpoena ad testlflcandum or duces tecum
d. by availing of modes of discovery
e. c and d
158. The objective of preliminary investigation is the conduct of an inquiry before a person is placed upon
trial in order to _

a. secure the innocent against hasty, malicious, and oppressive prosecutions

b. protect the respondent from an open and public accusation of the crime and from the trouble, expenses and
anxiety of public trial
c. protect the state from useless and expensive litigations
d. All of the above
159. Preliminary investigation is required in those criminal cases where the penalty provided by \aw for the
offense charged is _

a. over 6 years imprisonment regardless of the amount of fine

b. exceeding 6 years imprisonment irrespective of the amount of fine
c. at least 4 years, 2 months and 1 day of imprisonment irrespective of the amount of fine
d. at least 4 years, 2 months and 1 day of imprisonment but depending on the of the amount of fine

160. All of the following may conduct preliminary investigation EXCEPT

a. Provincial or City Prosecutors and their assistants

b. Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts
c. National and Regional State Prosecutors
d. Other officers as may be authorized by \aw such as the Office of the Ombudsman, Come\ec \ega\ officers,
PCGG etc.
 a ,. a CM •nt In 1h11 1/t(W't U fof fW'°'fflAWY lll"""'ll()411ofl,
ti
l
"'"'""°"'
t
I 11t,
In ln(Je.... r(fl(N, -- J)l'OC ,ng,
Ut'f\ (f1rrWy with ft,fo Rt,qj()OM fn.-1C'Ollrt.
d lor111191y.

• II"°" ,-8f1110 ni«- • c •n<t • pcnM •I'doNfVlflO comm,tttd a alme committed In Metro M1mll<1a1nd o,
('lt,c,f tfw1"'1'd Cit rvn1wt,I(' byIll · '4 V"irl, 2 monthl Md I c,.,y (and O'm'), wt,at do you do?JOOO Start

1 nle I rompt,,lnt In the pros,ccutor's office ror pref,min.,ry

lrwestlgdtlon. b f'rocrt'd to lnq offlc:ef tor Inquest procN.'d,ngs.
c. Rle II a" dlrt'Ctly with the R lonal Trial Court
d. [tlht'f or 11ny of the llbove

J 63. If "°" wa,,t 10 rue a case IIOll'nst a perSM susJ)t'Cted rJ hll-.1"9 rommltted a crime punlshable by at least 4
years, 2 months or less In the provlnce, what do you do?IOOO STARS

11. Ale II complalnt In the Prosecutor's Office for preliminary Investigation.

b. Proceed to Inquest officer for Inquest proceedings.
c. May file the complalnt directly with the Municipal Trial Court/Municipal Orcult Trial Court
d. Any of the above
16'4. If you CAUGHT IN THE ACT someone having committed a crime punishable by at least 4 years, 2 months
and 1 day (and over) what do you do?lOOO STARS

a. File a romplalnt In the prosecutor's office for preliminary Investigation.

b. Proceed to Inquest officer for Inquest proceedings.

c. Ale a case directly with the Regional Trial Court

d. Ale a case dlrect1y with the Municipal Trial Court

165. The Illegality of an arrest can be questioned by the arrested person before the court only at the proper time.
When is the proper time for the accused to question or challenge the illegality of the arrest?

a. At any time during the proceedings

b. Before entering his plea
c. Altl!r posting bail
d. Before the pre-trial conference

Before arraignment - Motion to Quash - Ground: That the Court did not acquire jurisdiction over the person of
the aa:used (illegal arrest) - waived na - HINDI SAKALAM

How does the Court acquire Jurisdiction over the person of the accused?

1. Arrest 2. Voluntary surrender - voluntary submission

166. The warrant of arrest shall remain valid unless .1000 STARS

a. after the lapse of ten days from Its Issuance

1b. It Is served or lifted or quashed
c. after the lapse of the period for the police to execute the same
d. after the lapse of the period for the police to make his

report 10 days - police - 10 days - manifestation-report

167. A was arrested In flagrante delicto. An Inquest proceeding was conducted. The rules provide that he may ask
for a preliminary Investigation before the Information Is filed, provided
a. he must sign a waiver of his right against self-Incrimination
b. he must sign a waiver of Instituting a case of delay In delivery of detained person to proper judicial authority
under Article 125 of the RPC
c. he must sign a waiver of Instituting a case of delay In delivery of detained person to proper judicial authority
under Article 125 of the RPC done In the presence of a lawyer
d. he must waive his right to bail in the presence of a lawyer

---28---
169. Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, or Municipal Circuit Trial
Court, and before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua,
or life Imprisonment, all persons In custody shall be admitted to ball as a matter of .1000 Stars
a. right
b. discretion
c. option
d. practice
MATTER OF RIGHT MATTER OF DISCRETION
1. Before conviction by the MTC - pending - 6 years After conviction by the RTC of an offense NOT
and punishable by death RP LI. - more than 6 vears
below
2. After conviction by the MTC Recldivlst,quasl-recidvlst,relteraclon,habltual
delinquent, violation parole, conditional pardon, probate,
another crime - MATIC - DENIED
3.before conviction by the RTC of an offense NOT
punishable by death, RP, LI. - pending - more than 6
years
4.before conviction by the RTC of an offense
Punishable by death, RP, LI. -WHEN EVIDENCE OF
GUILT IS NOT STRONG

CEDRIC LEE VS. VHONG

BURDEN OF PROOF that the evidence of guilt is strong

- PROSECUTION

170. The Metropolitan Trial Court convicted Mario and Maria of concubinage. Pending appeal, they applied for bail,
claiming they are entitled to it as a matter of right. Is their claim correct?

a. No, bail is not a matter of right after conviction.

b. Yes, bail is a matter of right in all cases not involving moral turpitude.
c. No, bail is dependent on the risk of flight.
d. Yes, bail is a matter of right in the Metropolitan Trial Court before and after conviction.

171. A is charged before the Regional Trial Court of homicide. His bail here Is

a. a matter of right
b. a matter of discretion
c. both a and b
d. either a or b

172. A Is convicted by the Regional Trial Court of homicide wherein he is punished with reclusion temporal. A wants
to post ball while he Is appealing to the Court of Appeals. His ball here is _

a. a matter of right
b. a matter of discretion
c. neither a matter of right nor a matter of discretion
d. Both a and b
173. A peBOn charged wth a cal)ltal offense Is automatlcalty dlsquaflfled to
apply for and be granted ball. The statemeot Is

a. true, that's what the law provides

b. f119e, tfW!r!must also be a showing that the evidence of guilt Is strong
c. ndepends
d. None of the above
174. KAT entered the house of RAMOS since the door Is open KAT took the cellphone of RAMOS. When KAT
was about to leave the house, RAMOS armed and discovered that his cellphone has been taken by KAT.
The latter brandished a knife against RAMOS, and KAT was able to speed away Which Is the crime committed
by KAn100o
Stars

a. Robbery withIntimidation of pe™>n

b. Qualified theft
c. Robbery with violence against pe™>O
d. The
175. The right to be exempt from being a witness against oneself refers to

a. right against self·lncrimlnatlon

b. right to appeal
c. right to presumption of Innocence
d. right to be defended by a lawyer
176. Maria was accused of falsification. While Marla was on the witness stand, the prosecution asked her to write her
name and to sign on a ptece of paper, In order to prove that she authored the libelous material. Maria objected,
as writing and signing her name would violate her right against self·lncrimination. can Maria legally refuse to
write her name/give sample specimens of her handwriting?

a. No, she can be cross examined just like any other witness and her sample signature may be taken to verify
her alleged authorship of the libelous statements.
b. No, her right against self-Incrimination is waived as soon as she became a witness. This privilege may be
invoked only by an ordinary witness and not by the accused when she opts to take the witness stand.
c. Yes, writing is something more than moving the body, or the hands, or the fingers; writing is not a purely
mechanical act, because it requires the application of Intelligence and attention; and in this case writing
means Maria will furnish ameans to determine whether or not she is the falsifier.
d. Either a or b

177. A was charged with a certain crime before the RTC. Although bail was allowable under his Indictment, he could
not afford to post bail, and so he remained In detention at the city jail. For various reasons, ranging from
the promotion of the presiding judge, to the absence of the trial prosecutor, and to the lack of notice to the
city jail warden, the arraignment of A was postponed nineteen times over a period of two years. What can the
lawyer for A do In order to protect the rights of the accused who Is his client?

a. Ale a motion to dismiss due to violation of the right of the accused to speedy trial.
b. Ale a demurrer to evidence for Insufficiency of evidence.
c. File a motion to quash based on grounds provided by the law.
d. Appeal to the higher court.

178. It Is the proceeding In a criminal case, whose object is to fix the Identity of the accused, to Inform him of
the charge against him and to give him an opportunity to plead, or to obtain from the accused his answer
to the accusation. It consists of the reading of the criminal complaint or Information to the defendant by the judge
or clerk, and the delivering to him of the copy thereof, including a list of witnesses and asking him whether he pleads
guilty or not guilty. Thus, it is the formal mode and manner of implementing the constitutional right of the
accused to be informed of the nature and cause of the accusation against him:

a. Plea
b. Pre-trial
c. Arraignment
d. Appeal

179.Under the law on continuous trial, the arraignment of the accused and the pre-trial shall be set within ten
(10) calendar days from date of the court's receipt of the case for a detained accused, If the accused Is detained.
How about if the accused is not detained? Within how many days Is the accused mandated to be arraigned and
from when?

a. Within thirty (30) calendar days from the date the court acquired jurisdiction (either by arrest or
voluntary surrender) over a non-detained accused
b. Within ten (10) calendar days from date of the court's receipt of the case for a detained accused
c. Within five (5) days from the tlme the accused knew the information was flied against him
d. None of these
--30---
 184. When does a court enter a plea of NOT GUilTY for the accused?

a. If the accused refuses to plead.

b. The accused pleads guilty but presents exculpatory evidence.
c. If the accused enters a plea of not guilty.
d. Any of or all of the above
185. What is the action of the court if the accused refuses to plead one way or another during the arraignment?

a. A plea of not guilty is entered for him.

b. The presumption of innocence is overturned and he is declared guilty.
c. The court will declare the accused in contempt of court.
d. The court will appoint a counsel de officio for the accused.
186. A is charged with murder. On arraignment, he pleaded "guilty" and made the following remarks/qualifications:
''hindi ko sinasadya' What has become of the plea of guilty because of these remarks?

a. It has become a conditional plea.

b. It has become a plea of not guilty.
c. It has become a plea of guilty with mitigating circumstance.
d. All of the above

187. A number of lawmakers want to reimpose the death penalty, which imposition is prohibited by RA 9346.
Assuming that the death penalty is revived, which among the following will happen if the accused pleads guilty to a
capital offense?

a. The court will conduct a searching inquiry into the voluntariness and full comprehension of the
consequences of his plea.
b. The court shall require the prosecution to prove the guilt of the accused and precise culpability.
c. The accused may still present evidence in his behalf.
d. All of the above
189. A filed a motion to quash because the court trying his case had not ordered the prosecutor to conduct a
preliminary investigation. Assuming that there was indeed no preliminary investigation that took place, will the court
grant his motion to quash?

a. Yes
b. No
C. Yes, because it is a violation of his right, both under the BIii of Rights and under Rule 115 of the Revised
Rules of Court.
d. No, because absence of a preliminary investigation is not a ground for motion to quash under Rule
117,Section 3.

190. In relation to the above question, what should the accused file instead of a motion to quash?
a. Motion for re-investigation within 5 days from the time he learned of the filing of the case
b. Motion for re-investigation within 10 days from the time he learned of the filing of the case
c. Demurrer to evidence after the prosecution rested its case
d. None of these

191. As a rule, a complaint or information must charge offense.

a. one
b. two
c. half
d. as many offenses as there appear to be committed by the accused

192. The joinder of two or more offenses in only one information is known as _

a. duplicitous Information
b. multipllcitous information
c. a orb
d. double jeopardy

193. What is the remedy of an accused who Is being charged under a duplicitous or multiplicitous information?

a. File a motion to dismiss

b. Cry and cry until he dies
c. File a motion to quash
d. File demurrer to evidence
Before arraignment -waived - hindi sakalam

Motion to Quash - General Rule - before

arraignment Rule 117, Sec 3 - a to I
Lahat ng grounds - lsama mo sa iyong M2Q - under the Omnibus Motion Rule - BEFORE ARRAIGNMENT -
hindi sakalam - waived
4 na lang ang pinaka tandaan
SAKALAM - before and after
a. the facts charged do not constitute an offense - elements of the crime - OK LANG EVEN AFTER
195. The single Information states that the accused, on January 1, 2020, fired shots several times that resulted In the
killing of Claro and Mike Suites, and wounding Clarence Suites. Under this Information, the accused was charged
with multiple murder and serious physical Injuries. If you were the accused, what should you do to protect your
rights?

a. Ale a motion to quash anytime

b. Just remain silent
c. Ale a demurrer to evidence
d. Ale a motion to quash prior to entering a plea

196. A was charged with frustrated murder. A was arraigned. Before trial, the victim died due to the Injury he
sustained from the accused. can A be charged with consummated murder without violating the rule on double
jeopardy?

a. Yes
b. No
c. Yes, due to supervening event.
d. No, because there was already an

arraignment. Doctrine of Supervening Event

197. A crime was committed in Pasay, but the prosecutor flied the case in Manila. Later, when the prosecutor
realized the mistake, he filed the case in Pasay and withdrew the Manila case. The accused objects on the ground
that there is double jeopardy. Is there double jeopardy?

a. Yes, the case had already been flied before a court.

b. No, if the Manila 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.

198. The prosecutor filed a case of homicide against A. Before A could be arraigned, the prosecutor withdrew the
information, without notice to A. The prosecutor then flied a murder case against A. A invokes double jeopardy.
Is there double jeopardy here?

a. Yes, because he was prosecuted twice.

b. No, because there was no arraignment that took place yet.
c. Yes, because the law said so.
d. No, since the original charged was withdrawn.

199. The city prosecutor charged A with serious physical Injuries for stabbing Y. A was tried and convicted as
charged. A few days later, Y died due to severe infection of his stab wounds. can the prosecution file another
information against X for homicide?

a. Yes, since Y's death shows Irregularity in the filing of the earlier charge against him.
b. No, double jeopardy Is present since X had already been convicted of the first offense.
c. No, there Is double jeopardy since serious physical injuries is necessarily included in the charge of homicide.
d. Yes, since a supervening event altered the kind of crime the accused committed.

200. If after the first prosecution, a new fact supervened on which the defendant may be held liable, altering the
character of the crime and giving rise to a new and distinct offense, the accused cannot be said to be in second
jeopardy If Indicted for the new felony. This statement refers to

a. Doctrine of supervening fact or event

b. Doctrine of subsequent discovery
c. Double jeopardy
d. None of these
 205. When the demurrer to evidence is filed WITHOUT LEAVE OF COURT, which of this could be the effect?

a. The defense can still present its evidence as its presentation is deemed not waived.
b. The accused waives the right to present evidence and submits the case for judgment on the basis of
the evidence for the prosecution.
c. Both a and b
d. Both the accused and prosecution can no longer present any evidence

206. What is the remedy of the accused if his motion to quash is denied by the court?

a. From a denial of a motion to quash (which is interlocutory), the accused must proceed to trial on the
merits, and if he loses in the case, then he can appeal.
b. File a petition for certiorari or mandamus.
c. File a petition before the Supreme Court to order a change of venue of trial.
d. File a motion for inhibition of the judge.

207. It is one where the defendant or the accused present evidence ahead of the plaintiff or prosecution and the
latter is to present evidence by way of rebuttal to the farmer's evidence. In a criminal case, this trial may take place
when the accused made known to the trial court, on arraignment, that he adduced affirmative defense of a justifying
or exempting circumstances, and thus impliedly admitting the act imputed to him. The trial court may then require
the accused to present evidence first, proving the requisites of the justifying or exempting circumstance he is
invoking, and the prosecution to present rebuttal evidence controverting the same. This is .1000
STARS

a. inverted trial
b. reversed trial
c. modified trial
d. All of these

208. A, B and C were jointly tried and convicted of murder by the Regional Trial Court. Only A appealed but B and C
did not. B started to serve his sentence while C continues to this day to be at-large. In the Court of Appeals, it
rendered a judgment of acquittal in A's favor and the RTC decision was reversed. What will be the effect of A's
acquittal to the criminal liabilities of B and C who did not appeal?

a. No effect
b. They (B and C) will also benefit from the acquittal.
c. Only B will benefit but C who escaped will not.
 211. What Is that order in writing Issued In the name of the People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to search for personal property described therein and bring it before
the court?
a. John Doe warrant
b. Scatter-shot warrant
c. Search warrant
d. General warrant

212. A search warrant was issued for more than one specific offense. This kind of warrant is void and not allowed:
a. Scatter-shot search warrant
b. General search warrant
c. Plain view doctrine
d. John Doe or blank warrant

213. A search warrant which vaguely describes and does not particularize the personal properties to be seized,
without guidelines as to what items might be lawfully seized, thus giving the officers of the law discretion regarding
what articles they should seize, is void. It can also refer to a search or arrest warrant that is not particular as to the
person to be arrested or the property to be seized.

a. Scatter-shot search warrant

b. General search warrant
c. Plain view doctrine
d. John Doe or blank warrant

214. Which is the crime committed by any husband who shall have sexual intercourse under
scandalous circumstances with another woman who Is not his wife?

a. Seduction
b. Adultery
c. Concubinage
d. Bigamy

215. This doctrine states that objects accidentally seen by law enforcers In the course of a valid search may be
seized and admissible In evidence against the accused. Under this doctrine, objects falling In the of
an officer who has a right to be In the position to have that view are subject to seizure and may be presented as
evidence. It applies when the following requisites concur: (1) the law enforcement officer in search of the evidence
has a prior justification for an Intrusion, or Is In a position from which he can view a particular area; (2) the discovery
of the evidence In plain view Is Inadvertent; and (3) It Is Immediately apparent to the officer that the Item he
observes may be evidence of a crime, contraband or otherwise subject to selzure.l000STARS

a. Miranda doctrine
b. knock and announce doctrine
c. plain view (plain view doctrine)
d. fruit of the poisonous tree doctrine

216. A rule which says that before executing a search warrant or breaking open any door and appurtenances, the
authorities must give notice of their purpose and authority first, unless those inside would have been alerted about
their presence:

a. Miranda doctrine
b. Knock-and-announce doctrine
c. Plain view doctrine
 d. Fruit of the poisonous tree doctrine t b t I f
obtained therea u a so acts
217. A doctrine which says that an unlawful search taints no.tonly th_e eviden ained should not be us d to gain
discovered by reason of said unlawful search. Under this rule, evidence illegally btained. For example, tf a Police
evidence because the illegally obtained evidence taints all evidence subsequeniac locker, and evidence of a crime
officer conducted a warrantless search of a home and obtained a key to an °
came from the locker, that evidence would be excluded under this doctrine:

a. Silver platter rule

b. Stand ground
c. Fruit of the poisonous tree
d. Exclusionary rule
224. Negligence Indicates a deficiency In 1000 STARS
A. action

B. perception

C. both action and perception

D. In Intent and motive
225. What Is this evidence which admission Is dependent on Its being obtained legally?l000 STARS

A. Conclusive

B. Relevant

C. Competent

D. Material

226. In the hierarchy of evidence. Which evidence Is considered as the most reliable because Its physical appearance
cannot lie?lO00 STARS

A. Real evidence

B. Testimonial
C. Documentary

D. Direct evidence
227. Which Is evidence that Is also called outside or extrinsic evidence introduced or submitted to modify or
explain or add to the terms of an agreement?

A. Parol

B. Supplemental

C. Original

D. Secondary

228. Which is NOT the qualification of the witness?l000STARS

A. that the person can perceive

B. That the person can store in his memory such perception.

C. That he should not be convicted of a crime.

D. That the person can recollect such perception from memory.

229. Which is this acknowledgment of guilt by the person made before a police officer during the conduct of an
official Investigation?l000 STARS

A. Judicial Confession

B. Extrajudicial admission

C. Judicial admission

D. Extrajudicial Confession
 ,J2. L, <"flC'I" 1s l'dm lblc when ll Is rclcvltnt to the uc and not excluded by the .1000 STARS

1. CMc:tltut•on, the lnw or the Rulesof Court.

2. Cc,nstllutlon, ord•nnnccs, Md special penal laws
J. I ws of nature, laws of the land, and SupremeCourt
◄. Constitution and BIii of Rights
8. 1 only
b. l and 2 only
c. 1,2 and 3
d. ◄ only

233. What do you call that recognition by the court without the Introduction of evidence? It means that courts
WIii admit without proof of facts those mattef'S of public concern which are known by all well-informed persons. It
means the cognizance or certain facts which judges take and act on without proof or introduction of evidence
because they already know them:

a. Judicial notice
b. Judicial confession
c. Extrajudlcial confession
d. Hearsay

234.That Malacanang Palace is situated in the City of Manila and It Is the official seat of the national government
Is a matter of public knowledge; that affidavits in most cases are not prepared by the affiants themselves but by
another who used his own language in writing the affiants' statements Is a matter ought to be known to judges
because of his judicial functions; and the effects of gravity and poisons on human body are a matter capable of
unquestionable demonstrations, are things which need not be proven in court because with respect to these
things the court may take what?
a. Judicial admission
b. Judicial confession
c. Judicial notice
d. Judicial affidavit

235. The alleged witnessto a crime reported the identity of the alleged accused only after the lapse of seven
(7) days from its alleged commission. Here, the delay may be disregarded because the. 1000 STARS

a. Supreme Court took judicial notice that witnesses are normally afraid to volunteer information for fear for
their lives
b. witnessmay report it within the prescriptive period
c. witness normally will not tell a lie
d. report has become doubtful because a delay of 7 days is very long and that will stain the integrity of
the alleged eyewitness

236. The following are the elements of dying declaration, EXCEPT the

a. declaration pertains to facts or circumstances surrounding the declarant's death

b. declaration is In connection with a startling occurrence or equivocal actions

c. the declarant is competent to testify
d. declarant must eventually die

237. CARDO is merely 6 years old. Which of the followlng statements BEST describes the qualification of CARDO as a
witness?l000STARS

a. He Is not qualified because a minor Is susceptible of being coached by lawyers.

b. He Is not qualified because he is still a minor.

c. He Is qualified so long that he can express his thought before the court

He Is qualified because he can perceive and perceiving can convey his perception to another.

238. Which of these is the latest definition of documentary evidence?

a. Documents as evidence consist of writings, recordings, photographs, or any material containing letters,
words, sounds, numbers, figures, symbols, or their equivalent, or other modes of written expression offered
 239, Toe original document rule states that no evidence shall be admissible other than the orlglnal document
Itself, when the subject of Inquiry Is Its contents. Prior to the May 1, 2020 amendment to the rules on evidence,
this ts known as the
a. best evidence rule
b. original document rule stlll
c. parol evidence rule
d. marital disqualification rule
240. When the subject of Inquiry Is the contents of a document, recording, photograph, or other records,
no evidence Is admissible other than the original document Itself. This refers to the
a. best evidence rule
b. original document rule
c. parol evidence rule
d. marital disqualification rule

241. A and B, at gunpoint, took from a flshennan a certain motorized boat from the shore. But since they could
not start the motor, it would not move. A and B killed the boatman. What crime was committed?
a. Attempted robbery with homicide (attempted robbery committed under certain circumstances)
b. Attempted robbery and homicide
c. Attempted robbery and murder
d. Piracy

242. What is this opinion of a witness on a matter requiring special knowledge, skill, experience or training?

A. Opinion of an ordinary witness

B. Opinion of the court

c. Opinion of specialists
D. Opinion of expert witness

243. Accused was charged for homicide. He interposes the justifying circumstance of self-defense. In this case,
the burden of proof. 1000 STARS
A. rests to whoever presents the evidence

B. still belongs to the prosecution

C. upon the discretion of the court

D. shifts to the accused

244. The following are the instances In which the testimony of the witness may be impeached. EXCEPT 1000 STARS

a. evidence of the witness' wrongful acts

b. contradictory evidence

c. evidence that the witness has made at other times statements Inconsistent with his present testimony

d. evidence that the general reputation of the witness for truth, honesty or integrity is bad

245. In a buy-bust operation where the authorities used marked money in buying the subject drugs, can the
prosecution present mere photocopies of the buy-bust marked money, instead of the original marked money?1000
STARS

a. No, this is a violation of the best evidence rule.

b. Yes, it is not a violation of the best evidence rule, since the marked money is not documentary but only
object evidence. Best evidence rule applies only when the subject of inquiry refers to contents of a
document.
c. Yes, it is not a violation of the original document rule, since the marked money is not documentary but
only object evidence. Original document rule applies only when the subject of inquiry refers to contents of a
document.
d. Leave it up to the judge.
 251. May a person who had previous criminal records be disqualified as a witness?1000 STARS

a. Yes, previous conviction of a crime is a ground to disqualify a person as a witness.

b. No, conviction of a crime is not a ground for disqualification.
c. No, previous conviction of a crime, unless otherwise specified by the \aw, is not a ground to disqua\ify a
person as a witness.
d. Yes, absolutely, the witness is always disqualified.

252. When is the testimony of the witness being offered? 1000STARS

a. At the time the witness identifies the exhibits or evidence

b. At the discretion of the counsel at any time of the proceedings

c. After the presentation of the testimonies of the-witness.

d. At the time the witness is called to testify

 256. Xis accused of a crime while Y was the witness for the prosecution. Before the trial begins, X and Y got
married. Here, _

a. Y is still qualified to testify against X

b. Y is no longer qualified to testify against X
c. Y is no longer qualified to testify against X because of the marital disqualification rule
d. Y is no longer qualified to testify against X because of the marital disqualification rule, unless A gives
his consent

257. An attorney or person reasonably believed by the client to be licensed to engage in the practice of law cannot,
without the consent of the client, be examined as to any communication made by the client to him or her, or his or
her advice given thereon in the course of, or with a view to, professional employment, nor can an attorney's
secretary, stenographer, or clerk, or other persons assisting the attorney be examined without the consent of the
client and his or her employer, concerning any fact the knowledge of which has been acquired in such capacity. This
is the

a. marital disqualification rule

b. privileged communication between husband and wife
c. privileged communication between attorney and client
d. privileged communication between doctor and patient

Privileged Communication Attorney-Client- 1. Relationship 2. Confidential information

266. An extraJudlclol confession must be corroborated by evidence of corpus dellctl In order to sustain a conviction.
What Is meant by "corpus dellctl?lOOO STARS
ll. It means the body or the substance of the crime, or the fact that a crime has been committed.
b. It llterally means "produce the body" which Is that writ directed to person allegedly detaining
another without legal right.
c. It means the right of a person against unreasonable searches and seizures.
d. All of the above

267. A and B were before the pollce station and under Investigation for steallng razor. A was beaten by the police
within the hearing distance of B. B, on the other hand, was luckier because he was not subjected to the same
treatment. B made an extrajudlclal confession out of fear that he would be beaten later If he did not confess. B's
extrajudlclal statement Is
a. admlsslble because no torture was Inflicted him
b. not admissible because the torture of A within B's hearing distance Is sufficient Intimidation to B as
well, hence, his confession was not voluntary
c. admissible as part of res gestae
d. All of the above
268. During a police line-up, the suspect must be given a lawyer. The statement Is .1000 STARS
a. True, the accused must be assisted by a lawyer during a police line-up.
_b. False, there Is no need for a lawyer during that stage because police line-up Is not yet part of custodial
investigation.
c. True, the suspect must be assisted by a lawyer during a police line-up.
d. Partially True
269. How can the Miranda Rights be waived by the accused?

a. No, it Is not waivable and that rule Is absolute.

b. The Miranda right cannot be waived except In writing.
c. The Miranda right cannot be waived except in presence of counsel.
d. b&c
270. This contemplates the transmission of meaningful Information rather than just the ceremonial and perfunctory
recitation of an abstract constitutional principle. It is not enough for the Investigator to merely recite the rights of the
accused. He must also explain the effect of such provision in practical terms, and In a language the accused fairly
understands:

a. Miranda Warning
b. Extrajudiclal killing
c. Judicial confession
d. Custodial Investigation

271. During custodial Investigation, the accused confessed his crime with the assistance of Fiscal X. Is his
confession admissible?

a. Yes, fiscals are also lawyers.

b. No, the law requires an Independent lawyer, not someone like a fiscal who Is not considered independent
since he works In the government.
c. Yes, since the suspect did not object to the appointment of the fiscal.
d. Yes, the suspect does not have the right to be choosy as be ars cannot choose.
 276. In criminal cases, an offer of compromise by the accused may be received in evidence as an implied
admission of guilt except 1000 STARS

a. those involving quasi-offenses (criminal negligence) or those allowed by law to be compromised.

b. in rape cases
c. in plunder cases
d. Both b and c

277. A is an accused in a criminal case for consummated murder. A tried to settle the case with the family of
the offended party. A's act of settling the case is

a. an offer of compromise and implied admission of guilt

b. an offer of compromise and is not an implied admission of guilt
c. a quasi-confession of guilt
d. an offer to settle the case to buy peace

278. A is accused of rape. The mother of A, without A's knowledge, went to the house of the supposed rape
victim and tried to settle the case. The act of A's mother is
a. an offer of compromise and is admissible against A
b. an offer of compromise on her part only and cannot imply any admission on the part of A
c. a foolish act
d. All of the above

279. A is an accused in a reckless imprudence case resulting in homicide (a quasi-offense). A went to the relatives of
the offended party and offered to settle the case in the hope that the family of the victims might withdraw the
criminal case. A's act of settling the case is.

a. an offer of compromise and an Implied admission of guilt

b. an offer of compromise and is not an implied admission of guilt, since this involves quasi-offense
c. a quasi-confession of guilt
d. an offer to settle the case to buy peace

280. The effect of failure to prove the guilt of the accused beyond reasonable doubt is 1000 STARS

a. the acquittal of accused

b. None of these.

c. The finding of civil liability.

 189. rt Is., statement other than one made by the declarant while testifying at a trlal or hearing, offered to prove th
fects n_c.serted lhe ln. It Is lnadmlsslble. It Is such when Its probative force depends In whole or In part, on th'
competency and credlbillty or some persons other than the witness by whom It Is sought to produce It: '

a. Hearsay
b. Dying declarations
c. Parts of the res gestate
d. All or these

290. The declaration of a dying person, made under the consciousness of an Impending death, may be received In
any case wherein his or her death Is the subject of Inquiry, as evidence of the cause and surrounding
circumstances of such death. This Is

a. dying declaration
b. declaration In artlculo mortls
c. ante-mortem statement
d. All of these

291. A was standing In front of his own house when suddenly, he fell down as he was gunned down by a group or
men. A's wife Immediately rushed to his aid and upon seeing his wife, A said In a weak voice: "Kung ako ay bibigyan
pa ng o;yos ng pangalawang buhay, hindi maaaring hindi mananagot sl Bat si C."A died. B and C may be
convicted
based on X's

a. dying declaration
b. admission
c. confession
d. learned treatises

292. A person who is lawfully arrested may be searched for anything. 1000 STARS

a. that the police at its discretion has deemed to be proper

b. which may have been used or constitute proof In the commission of an offense

c. even if not connected to the commission of an offense

d. that may be ordered by the court at its discretion

293. The accused participated in the trial of the case despite belief that the arrest on his person is irregular.
What is the effect of such participation in the trial?1000 STARS

a. The accused can still question the validity of the arrest as it is his constitutional right.

b. The accused cannot anymore question the validity of the arrest as he deemed to have surrendered to the court

c. Toe court may allow the accused to raise the questions relative to his arrest at any time during the trial of the case.

d. The accused Is deemed to have waived his right to question the Irregularity of the arrest on his person

294. A saw his grandmother sprawled on the ground and bloodied. A asked: "Nang, what happened?"' The
grandmother answered: ''Si 8":The grandmother's statement cannot be admitted as a dying declaration because a
dying declaration must be

a. complete In Itself
b. corroborated
c. conclusive
d. witnessed by at least two witnesses.

295. A saw B bloodied and sprawling on the ground. A asked this question: "Tio, who wounded you?"'& answered:
"You ask your Tia". May the na be convicted of murder based on the statement of B and consider the same as a
dying declaration?

a. Yes, because B's statement is a dying declaration.

b. No, because the statement of B Is not clear, unequivocal or precise as to who wounded him.
c. Yes, because at least that seems to be the tenor of what B wanted to say.
d. Let's leave it up to the judge to answer this very hard question.
 307. During arraignment, the following are present in court. Whose presence is indispensable without 1000 STARS

A. The presence of the accused because it is his time to be informed of the nature and cause of accusation
against him.

B. The public attorneys who are usually the substitute counsel for arraignment purposes

C. The presence of the counsel of the accused which is his own choice.

D. None of these

308. The proceeding in court where the prosecution and the accused may agree on matters that wm promote a fa\
and expeditious 1000 STARS

A. Inquest proceedings

B. trial proper

C. pre-trial

D. preliminary investigation agree on

 311. rt Is the duty of a party to present in evidence on the facts In Issue necessary to establish his or her claim or
defense by the amount of evidence required by the law. THIS NEVER SHIFTS:
a. Burden of proof
b. Burden of evidence
c. Prima facle evidence
d. Conclusive evidence

312. It is the duty of a party to present evidence sufficient to establish or rebut a fact in issue to establish a prima
facie case. It may shift from one party to the other in the course of the proceedings, depending on the exigencies of
the case:

a. Burden of proof
b. Burden of evidence
c. Prima facie evidence
d. Conclusive evidence

313. Generally in criminal cases, the prosecution cannot initially attack the character of the accused. It is on\y when
the defense introduced evidence of his good moral character that the state can present contrary evidence. Th\s \s
done in what stage? 1000 STARS

a. Direct examination
b. Cross-examination
c. Rebuttal
d. Surrebuttal

314. It does not mean such a degree of proof as, excluding possibility of error, produces absolute certainty.
Mora\ certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind:

a. Proof beyond reasonable doubt

b. Preponderance of evidence
c. Substantial evidence
d. Clear and convincing evidence
368. Because the burden of proof rests with the prosecut\on, the duty to conv\ct the person be\ongs to 1.000 S'fJ\RS
a. the strength of the prosecution's evidence

b. the courts discretion based on evidence

c. the weakness of the accused's ev\dence

d. None of these

369. The crime of adultery is committed by any marr\ed woman who shall 1000 STARS

a. have sexual intercourse with a man under scanda\ous circumstance

b. enter into marriage with another man other that her husband

c. have sexual intercourse with a man who is not h r husband

d. live in conjugal dvelllng with a man who is not her husband

 D. He should waive his rights under Artlcle 125 of the Revised Penal Code.

372. The following are elements of FRUSTRATED stage In the commission of the crime, EXCEPT 1000 STARS

A. the acts performed would produce the felony as a consequence

B. but the felony Is not produced

C. by reason of spontaneous deslstance of the accused

D. the offender performs all acts of execution

373. If the crime Is committed In the province and the penalty thereof is or that does NOT require
preliminary Investigation, the complaint may be filed 1000 STARS

A. directly with the appropriate Municipal Trial Court

B. at the Prosecutors office for Inquest proceeding
C. directly with the appropriate Regional Trial Court
D. in the barangay first for conciliation proceedings
374. The venue to hear criminal cases may be changed when the 1000 STARS

A. prosecution and the accused agree

B. complainant opted to change it
C. trial court so ordered
0. Supreme Court so ordered
375. The reading of the decision of the court convicting the accused appears to be NOT based on evidence on record
or applicable law. What remedy should the accused do in the hope that the court may reverse its decision?

A. File a Motion for Reconsideration

B. File a Notice of Appeal.
C. File a Motion for New Trial.
D. File a Petition for Certiorari.

376, The power or authority to hear and decide a case Is

A. judicial

B. jurisdiction

C. venue

D. mandate

377. What Is this right that the accused may Invoke during trial to avoid statement against himself?

A. Right not to be a witness for his behalf.

B. Right against self-Incrimination

C Right to assistance of counsel.

D. Right to remain silent.

 378. When the search and seizure conducted by the police based on a search warrant, this presupposes that
the search and seizure 1000 STARS

A. may be questionable

B. is without probable cause

C. violates the right of the person to privacy

D. is with legal ground

379. Which of the following situations is Not valid search without a warrant? 1000

A. Search in plain view

B. Search incidental to stop and frisk

C. Search at the discretion of a police officer

D. Search incidental to lawful arrest

380. The extra-judicial confession of an accused is sufficient for conviction

A. provided that it is freely, intelligently and voluntarily given

B. when it is corroborated by evidence of corpus delicti

c. even if it is not corroborated by evidence of corpus delicti

D. whether or not corroborated by evidence of corpus delicti