CRIMINAL LAW AND JURISPRUDENCE

PRE BOARD EXAM

1. It is a characteristics of criminal law where criminal law is binding upon all persons who
live or sojourn within Philippine territory.
a. territorial c. prospective
b. general d. preferential

2. What characteristic of criminal law is enunciated in Art. 366 of the Revised Penal Code in
which crimes are punished under the laws in force at the time of their commission?
a. territorial c. prospective
b. general d. preferential

3. Heads of States and diplomatic representatives are exempted from the general
application of our criminal laws because of:
a. treaty stipulation c. public international law
b. law of preferential application d. all of these

4. Which of the following cases should the Revised Penal Code be applied?
a. A crime of homicide committed on board a Philippine merchant
vessel by a member of a crew against one another in the territory of another country.
b. A crime not involving a breach of public order committed on board
a foreign merchant vessel in transit.
c. A crime committed on a board a foreign warship in the Philippine
territorial waters.
d. smoking opium on board a foreign merchant vessel while anchored
two and one-half miles in Manila Bay.

5. Which of the following cases is motive not relevant in determining criminal liability?
a. When the identity of the person accused of having committed a
crime is in dispute.
b. If the evidence is merely circumstantial.
c. To ascertain the truth between two antagonistic theories or
versions of the killing.
d. When the accused has been positively identified.

6. In which of the following cases should the resulting injury be not considered as the
direct, natural and logical consequence of the felony committed?
a. A man who has threatened or chased by another with a knife,
jumped into the water and because of the strong current or because he did not know how
to swim he sank down and died of drowning.
b. A man wounded another with a bolo. When the victim entered the
hospital, no anti-tetanus injection was given to him and the wounds became infected when
he went out of the hospital.
c. A man struck another with his fist and knocked him down and a
horse near them jumped upon the latter and killed him.
d. The deceased who was suffering from internal malady was given fist blow by
another on his back and abdomen, producing inflammation of the spleen and peritonitis
causing his death.

7. When is felony frustrated?

a. When the offender has already performed all the acts of execution which would
produce the felony as a consequence but which nevertheless did not produce by
reason of causes independent of the will of the perpetrator.
b. The evil intent of the offender cannot be accomplished because the means
employed by the offender is inadequate or ineffectual.
c. When the offender has already commences the commission of the felony directly
by overt acts and did not perform all the acts of execution which should produce
the felony by reason of some cause or accident other than his own spontaneous
desistance.
d. When all the elements necessary for the execution of the felony are present.
8. It exists when two or more persons come to an agreement concerning the commission of
a felony and decided to commit it.
a. Conspiracy to commit a felony c. proposal to commit a felony
b. plan to commit a felony d. none of these

9. It is the quality by which an act may be ascribed to a person as its author or owner. It
implies that the act committed has been freely and consciously done and may, therefore, be
put down to the doer as his very own
a. responsibility c. intent
b. imputability d. intelligence

10. These are circumstances where the acts of a person is said to be in accordance with law,
so that such person is deemed not to have transgressed the law and is free from both
criminal and civil liability.
a. Justifying circumstances c. exempting circumstances
b. mitigating circumstances d. aggravating circumstances

11. These are circumstances that affect criminal liability because there is wanting in the
agent of the crime any of the conditions which makes the act voluntary or negligent.
a. Justifying circumstances c. exempting circumstances
b. mitigating circumstances d. aggravating circumstances

12. A kind of aggravating circumstance that changes the nature of the crime.
a. generic c. qualifying
b. specific d. inherent

13. Which of the following is a mitigating circumstance?

a. An act done in obedience to an order of a superior for some lawful purpose.
b. An act done under the impulse of an uncontrollable fear of an equal or greater
injury.
c. An act done under the compulsion of an irresistible force.
d. That of having acted upon an impulse so powerful as naturally to have produced
passion and obfuscation.

14. Which of the following is an exempting circumstance?

a. An act done in obedience to an order of a superior for some lawful purpose.
b. An act done under the impulse of an uncontrollable fear of an equal or greater
injury.
c. An act done in the fulfillment of a duty or in the lawful exercise of a right office.
d. That of having acted upon an impulse so powerful as naturally to have produced
passion and obfuscation.

15. Which of the following alternative circumstances is aggravating?

a. Intoxication, if not habitual
b. Intoxication, if not intentional or not subsequent to the plan to commit a felony
c. Relationship in crimes against chastity
d. High degree of education when the offender did not avail of himself of his
learning in committing the crime of physical injuries.

16. Which of the following cases has sufficiently met requirement lack of sufficient
provocation on the part of the person defending himself?
a. The killing by the paramour of the offended husband when the latter attacked him
with bolo after the offended husband caught him and his wife in the act of sexual
intercourse.
b. The killing of a person who attacked the accused immediately after the former
saw the latter forcibly kissed his (victim) sister.
c. The killing of a person who attacked the accused two days after the former saw
the latter forcibly kissed his(deceased) sister.
d. All of these.

17. Which of the following relatives can be detained in accordance with paragraph 2 of
Article 11 of the Revised Penal Code?
a. spouse c. relatives by consanguinity within the 4th deg.
b. ascendants d. all of these
18. Which is not a requisite of avoidance of greater evil or injury?
a. That the evil sought to be avoided actually exists.
b. That the injury feared be greater than that done to avoid it.
c. That the means used to avoid the injury is lawful.
d. That there be no other practical or less harmful means of preventing it.

19. Which is not a requisite in obedience to an order issued for some lawful purpose?
a. That the order has been issued by a superior
b. That such order must be for some lawful purpose
c. That the means used by the subordinate to carry out said order is lawful.
d. none of these

[Link] among the following persons is exempt in all cases from criminal liability?
a. Imbecile c. insane
b. person under 9 years of age d. some of these

21. The age of conditional responsibility

a. nine years and below c. between nine and 15 years of age
b. 18 years or over 70 d. 15 years or over but less than 18

22. It is something that happens outside the sway of our will and although it comes about
through some act of our will, lies beyond the bounds of humanity foreseeable consequences.
a. negligence c. accident
b. force majeure d. all of these

23. Which of the following is not an element of the exempting circumstance under the
compulsion of an irresistible force?
[Link] the compulsion is by means of a physical force
b. That it promises an evil of such gravity and imminence that the ordinary
man would succumbed to it.
c. That the physical force must be irresistible
d. None of these

24. Which is not a requisite of the exempting circumstance of uncontrollable fear?

a. existence of an uncontrollable fear
b. the fear must be real and imminent
c. the fear must be irresistible
d. the fear of an injury is greater than or at least equal to the committed.

[Link] is not a requisite of voluntary surrender?

a. That the offender had not been actually arrested
b. that the offender surrendered himself to a person in authority or to the
latter’s agent.
c. That the surrender must be made before the issuance of a warrant for his
arrest.
d. That the surrender was voluntary

26. Who among the following is not included in the persons against whom the grave offense
could have been done to entitle the offender with the application of the mitigating
circumstance of vindication of a grave offense?
a. the spouse c. adopted brother or sister
b. ascendants or descendants d. all of these

27. It is understood as any unjust or improper conduct or act of the offended party capable
of exciting, inciting or irritating anyone.
a. instigation c. threat
b. provocation d. inducement

28. Which of the following is not an ordinary mitigating circumstance?

a. When the offender had no intention to commit so grave a wrong as that
intended.
b. When sufficient provocation or threat on the part of the offended party
immediately preceded the act.
c. When the offender had acted upon an impulse so powerful as naturally to
have produced passion or obfuscation
d. none of these
29. It is committed when the police officer or a detective induces an innocent person to
commit a crime and would arrest him upon or after the commission of the crime.
a. instigation c. entrapment
b. compulsion d. none of these

[Link] of the following is an absolutory cause?

a. Light felony is only attempted or frustrated, and it is not against person or
property
b. A legally married person, who having surprised his spouse or daughter in
the act of committing sexual intercourse with another person, shall inflict upon them
physical injuries.
c. the commission of theft, swindling, or malicious mischief by the widowed
spouse with respect to the property of the deceased spouse before the same shall have
passed into the possession of another
d. All of these

31. Which is NOT an element of the exempting circumstance prevented by some lawful
insuperable cause?
a. that the act is required by law to be done
b. that the person fails to perform such act
c. that his failure to perform such act was due to an irresistible force
d. none of these

32. Which is NOT a requisite of the aggravating circumstance of contempt or insult to public
authorities
a. that the public authority is engaged in the exercise of his functions
b. That the crime was committed against the public authority
c. the offender knows him to be a public authority
d. all of these
33. What aggravates the commission of the crime in one’s dwelling?
a. The abuse of confidence which the offended party reposed in the offender
by opening the door to him
b. the violation of sanctity of the home by trespassing therein with violence
or against the will of the owner
c. one’s dwelling place is a sanctuary worthy of respect
d. all of these

34. Which is NOT a requisite of abuse of confidence and obvious ungratefulness

a. that the offender and the offended party occupy the same house
b. that the offended party has trusted the offender
c. that the offender abused such trust by committing a crime against the
offended party
d. that the abuse of confidence facilitated the commission of the crime

35. Whenever more than three (3) armed malefactors shall have acted together in the
commission of an offense
a. band c. conspiracy
b. with aid of armed person who insure impunity d. none of these

36. Which is NOT a requisite of evident premeditation as an aggravating circumstance?

a. the time when the offender determined to commit the crime
b. an act manifestly indicating that the culprit has clung to his determination.
c. A sufficient lapse of time between the determination and execution to
allow him to reflect upon the consequences of his act and to allow his conscience to
overcome the resolution of his will
d. all of these

37. It involves intellectual trickery and cunning on the part of the accused.
a. fraud c. disguise
b. craft d. none of these

38. It is resorting to any device to conceal identity

a. fraud c. disguise
b. craft d. none of these
39. To use purposely excessive force out of proportion to the means of defense available to
the person attacked.
a. taking advantage of superior strength
b. means employed to weaken defense
c. treachery
d. none of these

40. Which is NOT a requisite of treachery?

a. That at the time of the attack, the victim was not in position to defend
himself
b. That the offender consciously adapted the particular means, method or
form of attack employed by him
c. That the means, method or form must ensure accomplishment of the
crime
d. None of these

41. When the culprit enjoys and delights in making his victim suffer slowly and gradually,
causing him unnecessary physical pain in the consumption of the criminal act.
a. alevosia c. treachery
b. ignominy d. cruelty

42. One who cooperate in the commission of the offense by another act without which it
would not have been accomplished.
a. principal by induction c. accomplice
b. principal by indispensable cooperation d. accessory

43. One who cooperate in the execution of the offense by previous or simultaneous acts but
cannot be held as principal
a. accessory c. co-conspirator
b. accomplice d. none of these

44. One who does not participate in the criminal design nor cooperate in the commission of
the felony, but, with knowledge of the commission of the crime, he subsequently takes part
by profiting from the effects of the crime, or by concealing the body, effects or instruments
of the crime in order to prevent its discovery, and by assisting in the escape or concealment
of the principal of the crime.
a. accessory c. co-conspirator
b. accomplice d. none of these

45. Which is not a requisite in order that a person may be considered an accomplice?
a. That there be community of design, that is knowing the criminal design of
the principal by direct participation, he concurs with the latter in his purpose
b. that the crime committed by the principal is any crime provided it is not a
light felony
c. that he cooperates in the execution of the offense by previous or
simultaneous act, with the intention of supplying material or moral aid in the execution of
the crime in an efficacious way
d. none of these

46. Which is not a requisite in order to be an accessory as a public officer who harbor,
conceal, or assist in the escape of the principal of any crime?
a. the accessory is a public officer
b. the crime committed by the principal is either treason, parricide, murder,
an attempt against the life of the President, or that the principal is known to be habitually
guilty of some other crimes
c. he harbors, conceals, or assists in the escape of the principal
d. The crime committed by the principal is any crime, provided it is not a light
felony.

47. Which is not a requisite of complex crime proper?

a. that at least two offenses are committed.
b. That one of or some of the offenses must be necessary to commit the
other.
c. That the single act produces two or more grave or less grave felonies.
d. that both or all of the offenses must be punished under the same statute.
48. Which of the following is a compound crime?
a. placing a time bomb in a plane which caused it to explode in mid-air
killing 13 persons therein.
b. A man fired his revolver twice in succession directed against two different
persons killing one person and wounding the other.
c. the accused fired his Thompson sub-machine gun at several persons. The
first burst of shots hit three persons. The accused let loose second burst of shots wounding
two others.
d. none of these

49. It is a continuous, unlawful act or series of acts set on foot by a single impulse and
operated by an unintermittent force however long a time it may occupy.
a. transitory crime c. complex crime
b. continuing offense d. none of these

50. Which is a continuing offense?

a. A thief takes from the yard of a house two game roosters belonging to
two different persons
b. After uttering defamatory words against the offended party, the accused
attacked and assaulted the latter, resulting in slight physical injuries.
c. The accused after robbing one house proceeded to rob another house
and then to another house where the third robbery was committed.
d. None of these

51. Mistake in the blow.

a. praeter intentionem c. aberratio ictus
b. error in personae d. none of these

52. Mistake in the Identity of the victim

a. praeter intentionem c. aberratio ictus
b. error in personae d. none of these

53. Were a more serious consequence not intended by the offender befalls the same person.
a. praeter intentionem c. aberratio ictus
b. error in personae d. none of these

54. An act of the sovereign power granting oblivion or a general pardon for a past offense,
and is rarely, if ever, exercised in favor of a single individual , and is usually exerted in
behalf of certain classes of persons, who are subject to trial but have not yet been convicted.
a. general pardon c. probation
b. amnesty d. none of these

55. The forfeiture or the loss of the right of the State to prosecute the offender after the
lapse of a certain time.
a. prescription of crime c. estoppel
b. prescription of penalty d. none of these

56. The evil intent of the offender could not be accomplished because the means employed
by him is inadequate or ineffectual.
a. frustrated felony c. impossible crime
b. attempted felony d. none of these
57. Which of the following cases the stage of execution was only frustrated?
a. The offender stabbed the victim in the abdomen, penetrating the liver, and
in the chest. Only the prompt and skillful medical treatment the victim received saved his
life.
b. The offender, with the intent to kill, fired four successive shots at the
offended party but missed while the latter was fleeing to escape from his assailant and save
his own life.
c. The offender approached is intended victim stealthily from behind and
stabbed him on the back with a deadly knife but the blow instead of hitting the spot
intended landed on the frame of the back of the chair on which the intended victim was
sitting at the time and did not cause the slightest physical injury on the latter.
d. where the head of the victim was merely grazed by the shot with hit him
the wound being far from fatal.
58. Which of the following cases does unlawful aggression exists?
a. the act of a police officer in throwing stones at the offender when the
latter run away from him to elude arrest for a crime committed in his presence.
b. The act of a policeman who, after firing five warning shots into the air
aimed directly at the escaping prisoner when he had already reason to fear the latter would
be able to elude him and his companion.
c. the act of an offended husband in giving several blows of a bolo to the
paramour of his wife when he surprised him and his wife in the act of sexual intercourse.
d. two persons accidentally met in the street. One slapped the face of the
other and the latter repelled it by clubbing him and inflicting upon him less serious physical
injuries.

59. Which of the following cases did the person acted in defense of a stranger?
a. Pedro heard screams and cries for help. When he responded he saw Juan
attacking his (Juan’s) wife with a knife. Pedro approached Juan and struggled for the
possession of the weapon, in the course of which Pedro inflicted wound on Juan.
b. Pablo, at a distance of about 10 meters from his house, heard h is wife
shouting for help. He rushed to the house and once inside saw Jimmy on top off his wife
forcibly abusing her. Pablo drew his bolo and hacked Jimmy at the base of his neck.
c. A acted in defense of the husband of A’s sister-in-law.
d. some of these

60. A driver while driving his car on the proper side of the road at a moderate speed and
with due diligence, suddenly and unexpectedly saw a man in front of his vehicle coming
from the sidewalk and crossing the street without any warning that he would do so.
Because it was not physically possible to avoid hitting him, the driver ran over the man with
his car. Under what circumstance shall the driver be exempted from criminal liability?
a. by accident c. uncontrollable fear
b. avoidance of greater evil or injury d. none of these

61. It is writ issued by the court directing the police or the Armed Forces of the Philippines
to produce the person to court or conduct search operation.

a. writ of habeas corpus c. writ of amparo

b. commitment order d. arrest

[Link] is the reading of the charge sheet or accusation before trial is conducted.
a. arraignment c. voluntary surrender
b. quashal motion d. none

63. It is a motion that can be filed during arraignment but before plea.
a. motion to dismiss c. Bill of Particulars
b. motion to quash d. reply

64. It is the taking of custody of a person in order to answer criminal action.

a. search warrant c. arrest
b. voluntary surrender d. none of these

65. It is mandatory in criminal cases in order to expedite trial.

a. plea bargaining c. pre-trial conference
b. bail d. warrant

66. It is the taking of personal property without the consent of the owner.

a. robbery c. malicious mischief

b. theft d. none of these

67. Pedro ordered food and beers but fails to settle the bills. What crime was committed by
Pedro?
a. malversation c. estafa
b. theft d. none
68. Municipal Mayor Alex Uy appropriated P2 million pesos to build five(5) classroom
buildings. Councilor Mario Cordero filed a graft case against the mayor for spending the
money contrary to the appropriation ordinance which only authorized the appropriations
for (3) three miles concrete roads. What crime did the mayor commit , if there is any?
a. malversation c. estafa
b. technical malversation d. graft case

69. It is a guarantee that an accused should put up in court to ensure his presence during
court hearing?
a. arrest c. bail
b. cash d. none

70. It is a means sanctioned by the rules of court of ascertaining in a judicial proceedings the
truth respecting the matter of fact.

a. evidence c. proof
b. competency d. weapon

71. It is a proceedings or inquiry to determine probable cause.

a. examination c. evidence
b. preliminary investigation d. investigation

72. After the prosecution has presented its evidence and at the instance of the court or upon
motion on the part of the defense, with or without leave of court, _____________ may be filed by
the defendant.
a. motion to dismiss c. demurrer to evidence
b. bill of particulars d. none

73. Search warrant is valid for _____ days.

a. 20 c. 10
b. 5 d. 15

74. It is the appraisal of rights required when a person is arrested.

a. Miranda warning c. Recital of rights

b. Right against Self-Incrimination d. right to counsel

75. The last bulwark of democracy.

a. Court of Appeals c. Supreme Court

b. Regional Trial Court d. Executive Branch

76. The Supreme Court is composed of the Chief Justice and ____ associate justices.
a. 15 c. 14
b. 10 d. 5

77. Rubi killed her child who was less than 3 days old. What crime did she commit?
a. Murder c. Infanticide
b. parricide d. Intentional Abortion

78. Camilo is the illegitimate son of Dale. Abraham, the father of Dale had heated argument
with Camilo which resulted to fist fight. Camilo not contented with the fist fight he strucked
his grandpa with a hard wood which caused the death of Abraham. What crime did Camilo
commit, if there is any?
a. murder c. parricide
b. homicide d. none

79. Mario while window shopping broke the glass window of the store in order to get a
ROLEX watch displayed in the said store. What crime did Mario commit?
a. theft c. robbery
b. malicious mischief d. damaged to property
80. City Councilor John Dikokilala while performing his duty as councilor was attacked by
Ramil Angtapang which caused his hospitalization for 5 days. What offense did Ramil
commit?
a. Serious Physical Injury c. Direct Assault
b. Less Serious Physical Injury d. none

81. Juana issued a check in the amount of One million to Dionesia as payment to the
construction materials that he ordered from the latter. When Dionesia encashed the check ,
the bank dishonored it due to insufficiency of funds. What criminal action will Dionesia take
against Juana?
a. Collection of Sum of Money c. Estafa under B.P.22
b. Estafa d. none

82. It is an accusation in writing subscribed by the state prosecutor and filed with the court.
a. complaint c. information
b. affidavit d. evidence

83. It is that branch or division of law that defines crimes, treats of their nature and provide
for their punishment.
a. civil law c. criminal law
b. constitutional law d. law of moses

84. Acts or omissions punishable by law are_____________.

a. felonies c. crimes
b. offenses d. none

85. Rico Lasingero shouted “may sunog” inside a theater and everybody inside the theater
ran for safety. He can be charged with what crime?
a. public disturbance c. alarms and scandal
b. breach of peace d. none

86. Richard Nikon suddenly snatched the necklace of Maria. What crime did he commit?
a. theft c. robbery
b. robbery with force upon things d. none

87. A person who can perceive and make known his perception to other can be
a______________.
a. witness c. expert witness
b. ordinary witness d. super witness

88. It is a statement or declaration made during startling occurrence.

a. dying declaration c. parts of res gestae
b. admission against interest d. affidavit

89. If there is a conflict between the printed word from written word, which is controlling?
a. printed word c. written word
b. none d. both

90. It is a sworn written accusation filed by the complainant, police officers or other officers
charged with the enforcement of the law violated is known as___________.
a. information c. complaint
b. affidavit d. evidence

91. It is a judicial declaration made by the court without requiring the parties to present
evidence which the court takes cognizance like territory or form of government.
a. judicial notice c. admission
b. decision d. evidence

92. It is an issue where the resolution is necessary in order to determine whether the
criminal action may proceed or not.
a. question of interest c. prejudicial question
b. issue against interest d. preliminary question
93. What kind of presumption shall apply between the landlord and tenant with respect to
their lease agreement.
a. conclusive presumption c. disputable presumption
b. prima facie presumption d. direct evidence

94. It is a swift attack against duly constituted government.

a. terrorism c. coup d etat
b. rebellion d. sedition

95. Perfecto was driving fast with his mercedez sports car when suddenly an old woman
crossed the road. He pumped for his brake but still hit the old woman and eventually died.
What criminal action may be instituted against him?
a. homicide c. murder
b. reckless imprudence resulting to homicide d. accident

96. It is a declaration made by person with full knowledge of his impending death and such
declaration has something to do with his death is also known as________.
a. parts of res gestae c. dying declaration
b. declaration against interest d. confession

97. It is an admission of facts.

a. confession c. admission
b. dying declaration d. extrajudicial confession

98. It is an acknowledgment of guilt.

a. confession c. admission
b. dying declaration d. extrajudicial confession

99. It is a statement made while under custodial investigation and made in the presence of
counsel and in writing.
a. confession c. admission
b. dying declaration d. extrajudicial confession

100. It is the office that is given the powers to investigate graft and corrupt practices.
a. sandiganbayan c. ombudsman
b. city prosecutor d. supreme court