Dec2022 FC CLJ by Atty. JMF With Answer 1

CRIMINAL LAW AND JURISPRUDENCE
INTENSIVE FINAL COACHING

Prepared by: Atty. Jay M. Ferraro
1. Which of these courts will have jurisdiction over a

Japanese crew who murdered a Filipino crew member on a. he must sign a waiver of his right to remain silent
board a sea vessel registered under American law while b. he must sign a waiver of his right against self-incrimination
that vessel is anchored within Manila BAY? c. he must sign a waiver of instituting a case of delay in
A. Japanese court because the offenders are Japanese. delivery of detained person to proper judicial authority
B. Manila court because we follow the English rule under Article 125 of the RPC
C. American court because we follow the French rule. d. he must sign a waiver of instituting a case of delay in
D. International Criminal Court delivery of detained person to proper judicial authority
E. All of these under Article 125 of the RPC assisted by a lawyer
e. must waive his right to bail in the presence of a lawyer
2. The killing of a spouse by the other spouse or a
daughter who is minor by the parent under the 7. Alex married Bea. Thereafter, Alex married Celsa, but this
circumstances provided under Art. 247 is____________. marriage took place because Celsa forced Alex to marry her
A. murder at gunpoint. Alex sued Celsa in a civil case for declaration of
B. homicide annulment of marriage. Suppose Bea sues Alex
C. infanticide for bigamy, what will cause the temporary suspension of this
D. parricide criminal case filed by Bea against Alex?
a. Insanity of the accused
3. A is the owner of a tupada in their town. A approached b. Petition for review
the Chief of Police who is a kumpare and asked the Chief c. The prejudicial question involved here
not to raid his tupada. The Chief complied by not raiding d. All of these
it. What crime was committed by the Chief?
a. Direct bribery 8. The act of having carnal knowledge without the consent of
b. Indirect bribery the woman is ______.
c. Graft and corruption A. abduction
d. Negligence and tolerance in the prosecution of B. sexual assault
offenses/prevaricacion C. rape
D. seduction
4. Which of the following processes in court proceeding is the
presence of the accused indispensable? 9. A promised to give P5,000.00 to B, a court stenographer,
A. during the presentation of the evidence for the defense. if the latter would alter his stenographic notes. The
B. during the arraignment stenographer, without making any alteration to his
C. during the examination of the witnesses. stenographic notes just yet, accepted the promise of
D. during the presentation of the evidence for the P5,000.00. What crime was committed by the stenographer?
prosecution. a. Direct bribery
b. Indirect bribery
5. A killed B with treachery. The fiscal forgot to allege c. Corruption of public officials
treachery in the information THE QUALIFYING d. No crime because he accepted only the promise but not
CIRCUMSTANCE OF TREACHERY. A was found guilty of killing the actual P5,000.00
B and treachery was also proven during trial. Which of the
following statements is correct? 10. Which of these is parricide?
a. A is guilty of murder even if treachery was not a. Killing an adopted son or adopted daughter *
alleged in the information. b. Killing a brother-in-law or sister-in-law or father- or
b. A is guilty of homicide only because treachery was mother-in-law
not alleged in the information. c. Killing a cousin
c. A is guilty of homicide only and treachery will be d. Killing a brother or sister
considered as generic aggravating circumstance only. e. killing an illegitimate parent
d. A is guilty of homicide only because treachery was
not alleged in the information and in addition, treachery 11. A Muslim guy who legally married four wives was found
cannot even be considered as a generic aggravating to have killed his second wife. What crime was committed? a.
circumstance. Parricide
b. Murder
6. X was arrested in flagrante delicto. An inquest proceeding c. Homicide
was conducted. The rules provide that he may ask for a d. Infanticide
preliminary investigation before the information is filed,
provided_____.
Amici Review Center Page 1

12. The amount of relevant evidence which a reasonable mind and to sign on a piece of paper, in order to prove that she
might accept as adequate to justify a conclusion authored the libelous material. Maria objected, as writing and
is___________. signing her name would violate her right against self-
A. preponderance of evidence incrimination. Can Maria legally refuse to write her name/give
B. substantial evidence sample specimens of her handwriting?
C. proof of beyond reasonable doubt a. No, she can be cross examined just like any other
D. relevant evidence witness and her sample signature may be taken to verify her
alleged authorship of the libelous statements.
13. After the decision was rendered by the court disposing of b. No, her right against self-incrimination is waived as
the case, which of the following remedies allows the soon as she became a witness. This privilege may be invoked
presentation of new evidence? only by an ordinary witness and not by the accused when she
opts to take the witness stand.
A. motion for reconsideration
c. Yes, writing is something more than moving the
B. motion for new trial body, or the hands, or the fingers; writing is not a purely
C. notice of appeal mechanical act, because it requires the application of
D. petition for review intelligence and attention; and in this case writing means
Maria will furnish a means to determine whether or not she
14. Which of the following facts needs evidence? is the falsifier.
A. acts of legislature d. none of the above
B. laws of nature
C. crime committed 21. X was charged with a certain crime before the RTC.
D. territory of the Philippines Although bail was allowable under his indictment, he could
not afford to post bail, and so he remained in detention at the
15. The following are the elements of dying declaration, city jail. For various reasons, ranging from the promotion of
except the ______ the presiding judge, to the absence of the trial prosecutor,
A. a declaration is in connection with a startling occurrences and to the lack of notice to the city jail warden, the
or equivocal actions arraignment of X was postponed nineteen times over a period
B. the declarant is competent to testify. of two years. What can the lawyer for X do in order to protect
C. declaration pertains to facts or circumstances surrounding the rights of the accused or his client?
the declarant’s death
D. declarant must eventually die a. File a motion to dismiss due to violation of the right of the
accused to speedy trial.
16. A father caught her married daughter (who is already 18 b. File a demurrer to evidence for insufficiency of evidence.
years old) having sex with a man who is not her husband. c. File a motion to quash based on grounds provided by the
The father immediately killed the daughter due to outrage. law.
What crime was committed by the father if there is any? d. Appeal to the higher court.
a. No crime
b. Death inflicted under exceptional circumstances 22. When in the commission of the crime, the exercise of
c. Parricide freedom of action is absent, which of the following is the
d. Murder applicable modifying circumstance?
A. alternative
17. The arraignment and pre-trial has been terminated. When B. exempting
is the time for the defense to present its witness? C. mitigating
A. as may be ordered by the court D. D. justifying
B. after the prosecution has offered its exhibits.
C. after the prosecution had rested its case. 23. A, B and C committed robbery inside a bank. They
D. as may be agreed during pre-trial. boarded a taxi owned by D who was for forced to help them
escape. Suddenly, a pedestrian E (father of A) was killed by
18. The form of evidence that is consisting of letters, symbols, the vehicle driven by D. What crime was committed by A?
numbers, or any inscription is__________ evidence. a. robbery and parricide
A. newsletter b. robbery with homicide
B. newspaper c. robbery with parricide
C. books d. reckless imprudence resulting to parricide
D. documentary
24. If the original of the document cannot be presented in
19. The crime committed is punishable with a penalty of one court, what is this documentary evidence that may be
year and below. How would you best deal with the situation? presented in court?
A. I will handle the forced mediation and conciliation between A. photocopy evidence
the parties. B. replacement evidence
B. Arrest the offender without a warrant since there is a C. primary evidence
complainant. D. secondary evidence
C. Suggest that the parties bring the issue before the
barangay for conciliation proceedings. 25. A imagines killing B. A is not criminally liable
D. None of the above because_______.
A. he does not commence the commission of a crime directly
20. Maria was accused of falsification. While Maria was on the by overt act
witness stand, the prosecution asked her to write her name B. there is no witness against A
C. there is no injury to B

D. there is no law against imagining a crime
31. A pointed a gun to B and said to B ‘’Hold-up’’. B fought
26. X (husband) caught Y (wife) in the act of having sexual back and the two wrestled for the possession of the gun.
intercourse with a neighbor. X became enraged and Meanwhile C, the son of A, not knowing that his father is was
immediately inflicted serious physical injuries against both Y a holdupper/robber. Came to the rescue of A and attacked B.
and Z on the spot. What will happen to X if after trial the Is C criminally liable?
above facts were proven? A.NO, because of defense of relatives
a. Conviction for death inflicted under exceptional B. NO, because of mistake of fact
circumstances C. Yes, because his father is a robber
b. Conviction for serious physical injuries inflicted under D. Both A and B
exceptional circumstances
c. Conviction for less serious physical injuries 32. A, armed with a knife, feloniously charged at B inside MV
d. X will be declared exempted from punishment. Vigan while the sea vessel was anchored at the Pasig River.
B, out of fear, ran away from A. A, however, chased B, the
27. In relation to the immediately preceding question, what if chasing of which forced B out of mortal fear to just jump down
X only inflicted slight physical injuries upon Y and Z? into the river and disappeared beneath its surface, to be seen
a. Conviction for death inflicted under exceptional no more. Is A liable for chasing B with a knife which eventually
circumstances caused B’s death due to drowning?
b. Conviction for serious physical injuries inflicted under A. Yes, for murder, and he is also civilly liable
exceptional circumstances B. Yes, for homicide, and he is also civilly liable
c. Conviction for less serious physical injuries C. No, he is not criminally liable but civilly liable
d. X will be declared exempted from any punishment D. No, there is no liability whatsoever
whatsoever.
33. A shot B, producing a mortal wound. B, knowing that he
would die anyway, decided to hasten his own death by
28. A committed suicide by deliberately falling himself down slashing his own throat causing his immediate death. Here, A
form a tall building. A survived the fall when he fortunately is
landed on B, a passerby. In this event however, it was B who a. still criminally liable for homicide
died due to impact of A’s body plunging down from the sky. b. not criminally liable for homicide
Here A is_______. c. liable for physical injuries only
A. Criminally liable for homicide d. not liable at all
B. Criminally liable for reckless imprudence resulting to
homicide, but not civilly liable 34. The accused discharged his firearm while he was 200
C. Criminally liable for reckless imprudence resulting to yards away from the victim. The bullet did not reach the
homicide, and is also civilly liable target since the distance was so great. There is evidence that
D. There is no criminal and no civil liabilities whatsoever the firing was merely made to frighten the victim. What crime
was committed?
29. Ah Chong was a stay-in-cook in a place where robbery and a. Attempted homicide/murder
murder were rampant. One night, he was awakened by the b. Illegal discharge of firearm
sound of someone trying to force the door open. He called out c. Alarms and scandals
twice to the person to identify himself. Receiving no answer, d. No crime
he uttered the warning, ‘’if you enter the room, I will kill you.’’ e. Impossible crime
It was at that moment that he was hit above the knee by the
chair that had been placed against the door. Thinking that he 35. Piracy under Art. 122 of the Revised Penal Code, may be
was being attacked by the unknown intruder, the accused distinguished from P.D. 532, as the latter can be committed
seized a kitchen knife kept under his pillow and struck out only___________.
blindly, hitting the latter who turned out to be his roommate, A. both internal lands and waters
and who later expired from his wounds. Ah Chong was B. in the high seas
acquitted because he acted_________. C. anywhere in the Philippines
A. While in a dream D. within the Philippine waters
B. Under a mistake in identity
C. In self-defense due to a mistake of fact 36. A known prostitute killed her own child who is less than
D. Defense of property and praeter intentionem three days old. Is there a mitigation of liability?
a. Yes, the law does not distinguish.
30. A sees B rushing rapidly toward him, with outstretched b. No, since she has no good reputation
arms and a pistol in his hand, and using violence menaces c. Yes, if she was the victim of rape.
against his life as he advances. Having approached near d. No, she is not entitled to mitigation.
enough in the same attitude, A, who has a club in his hand,
strikes B over the head before or at the instant the pistol is
37. Maria gave birth to a fetus with an intrauterine life of less
discharged; and of the wound, B dies. It turns out the pistol
than 7 months, Maria killed the fetus within 24 hours from its
was loaded with powder only, and that the real design of B
delivery. Maria committed _____.
was only to terrify A. A is not criminally liable
a. infanticide
because_______.
b. murder
A. He acted under a mistake of fact
c. parricide
B. He acted in self- defense
d. abortion
C. Both a and b, or either one of them
e. no crime
D. he acted in fulfillment of a duty
E. He acted under the instinct of self-preservation

38. A pointed a gun against B, a pregnant woman. Because 45. A compelled an old woman to take off her clothes and
of fright, the woman suffered an abortion. ordered her to confess that she was a thief. Here, the crime
What crime was committed by A? is?
a. Abortion a. grave coercion
b. Unintentional abortion b. acts of lasciviousness
c. Grave threats c. attempted rape
d. Unjust vexation d. anti-violence against women
e. Intentional abortion
46. Maria boarded a taxi cab. The driver of the taxi got
39. A got mad with his pregnant wife and struck her with his instantly attracted to Maria. He asked Maria if they could have
fist. The woman died and the fetus was expelled. What crime a date in a nearby disco. Maria refused. When the driver
was committed? heard this refusal, he accelerated the speed of the taxi and
a. Complex crime of physical injuries with unintentional threatened that unless Maria agreed to a date, he would
abortion bump the taxi. What crime was committed by the driver?
b. Complex crime of homicide with unintentional abortion a. Grave threats
c. Complex crime of parricide with unintentional abortion b. No crime
d. Abortion only c. Anti-violence against women
d. Grave coercion
40. A, B and C raped D. Each one of them had their turn in
raping D. Which statement is correct if D marries A? 47. In the hierarchy of evidence, it is considered as the most
a. Only A will benefit from extinguishment of criminal reliable because its physical appearance cannot lie?
liability. A. testimonial
b. A, B and C will all benefit from extinguishment of B. documentary
criminal liability. C. direct evidence
c. D is prohibited by the law from marrying any of her D. real evidence
rapists.
d. No one will benefit from the marriage since this is a 48. Rebellion and coup d‘ etat when committed by military
case of multiple rape. personnel will subject them to court martial proceedings. The
nature of court martial proceedings is_________.
41. A was forcibly taken 40 meters away from his house and A. civil
was murdered in an uninhabited place. What crime was B. administrative
committed? C. criminal
a. Murder D. sui generis
b. Kidnapping with murder
c. Illegal detention with murder 49. A threatened B that unless B pays his debt, B would be
d. Slight illegal detention taken to the camp to be killed. The next day, out of fear, B
paid the amount. The crime committed is
a. grave threats
42. Which among the following is an absolutory cause in b. no crime
trespass to dwelling? c. anti-violence against women
a. Enter another's dwelling for the purpose of d. grave coercion
preventing some serious harm to himself
b. Enter the dwelling of another to prevent harm to the 50. A is the lessor while B is the lessee. B is one year delayed
occupants of the dwelling or a third person in paying his RENT. A, THE LESSOR, WITHOUT ANY COURT
c. Entering the house of another for the purpose of ORDER, forcibly removed B from the premises and the latter’s
rendering some service to humanity or justice family and property from the rented premises. Here, A is
d. Entering cafes, taverns, inn and other public houses, liable ___
while the same are open a. liable for grave coercion
e. All of the above b. liable for unjust vexation
c. not liable for anything
43. A told B, “I will rape/kill you and your relatives if you will d. none of the above
not accept me as your boyfriend". Here, A committed
a. attempted rape
b. attempted murder/homicide 51. A, by means of violence, dragged and carried a girl to a
c. grave threats distance of three meters from the place where she originally
d. no crime was. The girl constantly screamed, so A finally released her.
e. grave coercion A is liable for
a. grave coercion
44. A robber pointed his gun against B and said, "bigay mo b. illegal detention
pera mo, kung hindi papatayin kita”. What crime was c. unjust vexation
committed?
d. attempted rape
a. Robbery only
b. Robbery and grave threats
52. Mario and Maria were about to be married. Maria, at the
c. Grave threats only
last minute, decided to back out of marriage. Mario forcibly
d. Theft
dragged Maria to a room and kept her there for a long time,
and compelled her to proceed with the marriage. Here, Mario
is

a. liable for serious illegal detention 60. A snatched the bag of B and run away. He did the act of
b. liable for grave threats taking the bag while pushing B to prevent B from pursuing
c. liable for grave coercion him. A committed _____
d. not liable at all a. theft
e. liable for attempted rape b. robbery
c. qualified theft
53. X, a jobless drug addict, pointed a gun against a known d. none of the above
drug pusher and demanded for the delivery of the drugs to
him (X). The drug pusher, out of fear, handed the drugs to 61. At the end of the semester, a teacher secretly talked to
X. What crime was committed by X? his student and demanded that unless the student gives P1,
a. Robbery 000, he would fail the student. The student gave the amount
b. Theft immediately. What crime was committed by the teacher?
c. Grave coercion a. Theft
d. No crime b. Robbery
c. Qualified theft
54. A delivered to B a cell phone for safekeeping. When A was d. None of the above
now taking the cell phone back, B poked a gun against A,
telling A that he would not return the cellphone. Is there 62. A took the wallet of B from behind and run away. B chased
robbery on the part of B? A. A, to defend the stolen property, boxed B, causing the
a. Yes, because there was taking of property. latter's black eye. What crime was committed?
b. No, because he did not take the property by violence or a. Robbery
intimidation. It was originally handed to him. b. Robbery with physical injuries
c. Yes, because there is violence against a person. c. Theft
d. No, because there was no force upon things. d. Theft and slight physical injuries
e. Theft and grave threats
55. A saw B placed P1, 000 bill in the latter's coat. A, with
intent to take the P1, 000 bill, held-up B by pointing a gun 63. A took the wallet of B from behind and ran away. B chased
and took the coat. When A reached home, the P1, 000 bill A. A threatened B with a knife to discourage B from pursuing
was no longer in the coat. What crime was committed by A? any further to recover his own property. What crime was
a. Robbery committed by A?
b. Theft a. Robbery
c. Impossible crime b. Robbery with physical injuries
d. No crime c. Theft
e. Grave coercion d. Theft and slight physical injuries
56. A, out of hatred, broke the drawer where B was hiding his
gun, then A threatened B with the gun. What crime was 64. A took the wallet of B from behind and run away. B chased
committed? A. A stabbed B with a knife to discourage B from pursuing
a. Robbery him any further. B died. What crime was committed?
b. Grave threats a. Robbery
c. Grave coercion b. Robbery with physical injuries
d. No crime c. Robbery with homicide
d. Theft and slight physical injuries
57. A, by violence, took the cell phone of B. When A got home,
he realized that the cell phone he took from B was his own
missing cell phone. What crime was committed? Note: No exact answer on the choices that’s why we choose
nearest since there is killing Robbery with Homicide
a. No crime
b. Robbery
Correct answer: Theft and Homicide
c. Theft only
d. Impossible crime
65. X, by force, took the tires of a parked automobile. This
e. Grave coercion
is____.
a. robbery
58. On an open road, X cut with a bolo the strings tying the b. theft
mouth or opening of a sack containing palay which were left c. no crime
therein for drying and then took the palay inside the sack. d. carnapping
What crime was committed?
a. Theft 66. X broke the window of a car and took cell phones therein.
b. Robbery This is __.
c. No crime a. robbery
d. Impossible crime b. theft
c. no crime
59. A snatched the bag of B and run away. A committed d. carnapping
a. theft
b. robbery 67. X broke the window of a house and inserted his hands
c. qualified theft and took the cellphones from the coffee table.
d. none of the above This is
a. robbery

b. theft b. theft
c. no crime c. trespassing
d. carnapping d. civil case only
68. A and B, at gunpoint, took from a fisherman a certain 75. A, before leaving for the province, entrusted to B the keys
motorized boat from the shore. But since they could not start to his house. While A was in the province, B used the key to
the motor, it would not move. A and B killed the boatman. open the house and took the valuables inside. B is ____
What crime was committed? a. liable for theft
b. liable for qualified theft
a. Attempted robbery with homicide c. liable for robbery
b. Attempted robbery and homicide d. not liable at all
c. Attempted robbery and murder
d. Piracy 76. The accused received from a gullible provincial folk a bar
of gold for the purpose of having it examined by a goldsmith.
69. A entered a house through an open door. The owner, not The accused never returned the gold to that gullible provincial
knowing that A was inside, closed and locked the door from folk. What crime was committed?
the outside. A, after taking some personal properties, went a. No crime
out of the house through the window. Here A is ____. a. not b. Theft
liable c. Estafa
b. liable for theft d. Fraud
c. liable for robbery
d. liable for trespass to dwelling
77. Petra pledged her jewelry to Pedro. Without the
70. X used a false key or picklock to open an INSIDE DOOR, knowledge of Pedro, Petra took the jewelry from the vault of
like a door of a certain room, and once inside, he took the Pedro. What crime was committed by Petra?
cell phone of the sleeping owner. What crime was committed? a. Theft
a. Theft b. Estafa
b. Trespassing c. No crime
c. Malicious mischief d. Malicious mischief
d. Robbery
e. No crime 78. A sold rice worth P500 to B. B paid with a P1000peso bill.
A said he had no smaller bills to give the change so he would
71. A and B pretended to be police officers and knock at the turn the P1,000-peso bill to smaller bills inside a shopping
door of C in order to enter. C allowed A and B to enter. Once mall. Meanwhile, B kept waiting for A, but A never returned
inside, A and B announced holdup and the two took by since he absconded with the entire money. What crime was
violence and intimidation the property of C. What crime was committed?
committed by A and B? a. Theft
a. Theft b. Estafa
b. Trespassing c. Qualified theft
c. Malicious mischief d. No crime
d. Robbery
e. Estafa 79. A took the car of B and burned the car 500 meters from
where he took it. This is ____.
72. X carried away a sealed boxed or receptacle for the a. arson
purpose of breaking it outside the house where he took it. X b. theft
was not able to destroy the sealed box or receptacle because c. carnapping
he had no tools to break it. What crime was committed? a. d. all of the above
Theft e. carnapping with arson
b. Attempted robbery
c. Frustrated robbery 80. Pedro was the college school mate of Juan. Juan, out of
d. Robbery pure generosity, allowed Pedro to sleep in his house. Pedro
e. Impossible crime stole the property of Juan while Juan was sleeping. What
crime was committed?
73. X found a locked box carried over by storm surge on the a. Theft
street. X brought it home and destroyed it and took its b. Qualified theft
contents. This is ___. c. Estafa
a. robbery d. Robbery
b. qualified theft
c. theft 81. The accused killed the cow of his neighbor because the
d. malicious mischief cow entered his rice fields and caused damage thereto. What
e. no crime committed crime was committed by the accused?
a. Theft
74. A ship sunk in the Manila Bay. The accused, a local b. PD 533
fisherman, dived down there, entered the sunken ship, took c. Estafa
the locked vault, destroyed it at home and took the valuable d. Malicious mischief
inside. This is
a. robbery

82. A lost in a land case against B. A, who could not accept
defeat, took possession of the land subject of the case and 89. A stole the passbook of B, forged the signature of B and
harvested the rice by means of threats and intimidation succeeded in withdrawing the money of B. What crime was
against B. What crime was committed by A? committed?
a. Occupation of real property or usurpation of real rights in a. Estafa through falsification of commercial document
property b. Theft
b. Robbery
c. Qualified theft
c. Squatting
d. Theft
d. Falsification
e. Forgery
83. A is the landlord and B is the tenant of a rice field. A and
B are supposed to share 50/50 regarding the proceeds of the 90. A forged a losing sweepstakes ticket, making it appear
rice fields. During a certain harvest season, the palay were that it had the winning combination. A tried to present it at
sold by B to C and he got P100, 000. He is supposed to the PCSO but it was discovered as a forgery. A is liable for
deliver one half of the P100, 000 to A. B did not deliver P50, a. attempted estafa through forgery
000 to A. What crime was committed by B? b. attempted estafa
a. Theft c. attempted theft
b. Estafa d. falsification of official document
c. No crime but civil case only
d. Qualified theft 91. A delivered to a certain alajero a diamond in order to
assess its value. The alajero removed the diamond and
84. A ship to B a balikbayan box containing imported goods. changed it into a stone of lower quality. What crime was
The balikbayan box was erroneously delivered to C. When A committed by the alajero?
and the shipping company were recovering from C the a. Estafa
balikbayan box, C denied having received the balikbayan box. b. Theft
What crime was committed? c. Qualified theft
a. No crime d. Robbery
b. Quasi contract
c. Unjust enrichment 92. A made promissory notes and delivered them to his
d. Solutio indebeti creditor. A requested to see his promissory notes from his
e. Estafa creditor and once these notes were shown to A, he destroyed
them and never made new ones in favor of his creditor. A is
85. A borrowed book from B to be returned upon demand by guilty of…
B. A sold the books to C. What crime was committed by A?
a. No crime a. malicious mischief
b. Qualified theft b. unjust vexation
c. Estafa c. arson
d. Theft of motor vehicle d. estafa
86. A purchased a motorcycle payable in 12 monthly 93. A pawned his jewels at a pawnshop. While A was sleeping,
installments. A lost his job due to the pandemic and could not B, his servant, took the pawnshop ticket and redeemed the
pay anymore the monthly installments of his motorcycle. jewels. What crime was committed by B?
What crime was committed? a. Complex crime of estafa through theft
a. No crime b. Estafa
b. Qualified theft c. Theft
c. Estafa d. Falsification
d. Theft of motor vehicle
94. A bus conductor charged the passenger 20 pesos but
87. A received from B a ring to be sold, with instruction to issued a ticket for 15 pesos only. This is
deliver it back to B if not sold within one week. A gave the a. estafa
ring to a sub-agent (without authority from B, the principal) b. other forms of swindling
so that the sub-agent may sell the ring. The sub-agent c. other deceits
absconded with the ring. Is A criminally liable? d. theft
a. Yes, for qualified theft.
b. Yes, for estafa. 95. A person borrowed P1000 as an advance for his services
c. Yes, for civil case only. as a maid. After said advance, he never returned to pay his
d. No, A is not liable at all. indebtedness by means of household services. He is liable for
a. estafa
88. A borrowed a phone from B to be used on a particular b. other forms of swindling
social event. When B was asking for its return, A denied c. other deceits
having borrowed any phone. What crime was committed by d. theft
A?
a. No crime 96. A servant was not paid his wage. The servant did not feed
b. Estafa the dog of his master as an act of hate or revenge. The dog
died of hunger. This is
c. Theft
a. cruelty to animal
d. Qualified theft
b. malicious mischief
e. Civil liability only
c. theft

d. murder D. No, But Filemon is still criminally liable for some other
crime, such as slight physical injuries
97. A, out of hatred, released the bird of Y from its cage. This
is
a. cruelty to animal
b. malicious mischief 103. A number of lawmakers want to reimpose the death
c. theft penalty, which imposition is prohibited by RA 9346. Assuming
d. murder that the death penalty is revived, which among the following
will happen if the accused pleads guilty to a capital offense?
98. X scattered coconut remnants with human waste inside
a building. This is a. The court will conduct a searching inquiry into the
a. other mischiefs voluntariness and full comprehension of the consequences
b. murder of his plea.
c. homicide b. The court shall require the prosecution to prove the guilt
d. no crime of the accused and precise culpability.
c. The accused may still present evidence in his behalf.
d. All of the above
99. A father took the suitcase of his son and burned it. The
crime is 104. Which of these is not an absolute extinction of criminal
liability?
a. malicious mischief but exempted from criminal liability A. full service of sentence
b. malicious mischief but not exempted from criminal liability B. death
b. arson but exempted from criminal liability C. conditional pardon
c. arson but exempted from civil liability D. amnesty
100. X pointed a gun against his father in order to scare his 105. A. stabbed B. B was brought to the hospital by his
father to give some money. X's father gave the money as relatives, but B refused blood transfusion because he is a
demanded. What crime was committed by the son? member of a religious group that forbids blood transfusion
a. None, only civil liability among its members. B died due to loss of blood attributed to
b. Robbery his refusal to be the subject of blood transfusion. Is A here
c. Theft still criminally liable for the death of B?
d. Grave coercion
e. Exempted A. Yes, Refusal of the victim to be hospitalized/treated is not
an efficient intervening cause
101. An individual approached and asked you on how to file B No more, because it was B’s fault that he refused medical
a case against another. The act complained of happened treatment
more than 1 week ago. Upon initial inquiry, you learned that C. Yes, because A is inherently evil in killing a religious man
the act complained of is punishable with imprisonment of 4 D. NO, because religious belief must be set aside in lifeor-
years and 2 months or less. What will be your advice? death situations
A. to proceed with the warrantless arrest and the 106. The killing of a person who is a minor below twelve years
conduct of inquest proceedings. old is _____________.
B. to proceed with the complaint before the police A. Murder
station and request that a warrantless arrest be conducted. B. parricide
C. to proceed with the direct filling of the case before C. homicide
the prosecutor’s office for the conduct of preliminary D. infanticide
investigation.
D. to file the case directly with the Municipal Trial Court 107. The Regional Trial Court has jurisdiction over cases the
penalty of which is imprisonment of_________.
102. Filemon struck Javier with his bolo. Javier was hit on his A. 4 years, 2 months and 1 day
palm as a result. HE merely consulted a doctor and the 2-inch B. 12 years
incised wound was treated. Twenty-two days after the C. not exceeding 6 years
incident, Javier died of tetanus infection which is said to have D. 6 years and 1 day or more
its origin not from the bolo of Filemon, but from a dirty ditch
where Javier voluntarily and negligently soaked his injured 108. All of the following are grounds for a motion to quash,
EXCEPT when_______.
hand in. Is Filemon still criminally liable for the death of
Javier? a. the facts charged do not constitute an offense
b. the court trying the case has no jurisdiction over the
A. Yes, The wound inflicted by filemon was the proximate offense charged
cause of death of Javier c. the court trying the case has no jurisdiction over the person
of the accused
B. Yes, the death of Javier was a supervening event that made
Filemon liable for the death of Javier and double jeopardy will c. the officer who filed the information had no authority to do
not set in. so
C. No, the deliberate and malicious act of Javier of soaking d. the information does not comply substantially to the
his wound in a dirty ditch has been held to be an efficient prescribed form
intervening cause e. more than one offense is charged
f. criminal action or liability has been extinguished

g. the information contains averments which if true, would c. No, there is double jeopardy since serious physical
constitute legal excuse or justification injuries is necessarily included in the charge óf
the accused has been previously convicted or acquitted of the homicide
offense charged d. Yes, since a supervening event altered the kind of
k. the accused is suffering from unsound mental condition, or crime the accused committed
there is a prejudicial question, or there is a pending petition
for review before the DOJ (grounds for suspension of 115. The accused was charged with frustrated homicide. At
arraignment ) the time of the arraignment, the accused pleaded guilty. At
that time, neither the prosecutor nor the court was aware
109. In relation to the immediately preceding question, which that the victim had already died. When the prosecutor learned
ground for a motion to quash is not waived even if NOT of the victim's death, he immediately filed a motion to
ALLEGED by the accused? upgrade the charge from frustrated homicide to
a. Letters a, b, g and I consummated homicide. Here, there is no double jeopardy
b. Letters c, d, e, and f because of
a. Doctrine of supervening fact or event
c. Letter f, g, and h
b. Doctrine of subsequent discovery
c. Ex post facto law
110. The accused is charged for crime that happened a long d. Bill of attainder
time ago, despite knowledge or discovery of the said crime,
the complaint was only filed recently. What remedy should the 116. The accused bought a car and in payment thereof, he
accused do in order to seek dismissal of the case against him? simultaneously issued checks to the seller. These checks
A. file a motion for reconsideration subsequently bounced. Which of these may be filed against
B. file a motion for a new trial the accused?
C. file a notice of appeal a. Estafa
D. file a motion to quash the information b. BP 22
c. Either estafa or BP 22, or both Estafa and BB 22; there is
no double jeopardy
111. Under the Rules of Court, when is the party considered d. The prosecution must choose whether it will file estafa only
to have rested its case? or BP 22 only; just choose one, otherwise there would be
A. After the prosecution has offered its exhibits. double jeopardy
B. As may be ordered by the court.
C. As may be agreed during pre-trial. 117. It is a rule which states that when an accused files a
D. After the court has ruled on the formal offer of evidence. motion to quash because if the grounds are not stated in the
motion, all the grounds under the rules into alleged in support
112. A crime was committed in Makati, but the prosecutor filed of his motion are considered waived:
the case in Muntinlupa. Later, when the prosecutor realized a. Omnibus motion rule
the mistake, he filed the case in Makati and withdrew the b Double jeopardy
Muntinlupa case. The accused objects on the ground that c. Bill of attainder
there is double jeopardy. Is there double jeopardy? d. Nolle prosequi
e. Time bar rule
a. Yes, the case had already been filed before a court.
b. No, if the Muntinlupa court had no jurisdiction, the accused 118. A is a police officer. He detained B without a warrant.
was in no danger of being placed in jeopardy.
The crime committed is considered as light offense. The
c. Yes, since the case is already filed in court and this is the investigation revealed that the detention is with legal ground.
mistake of the prosecutor. When will Julie be considered to have committed arbitrary
d. No, because not all the elements of double jeopardy are detention?
present. A. the moment B is not delivered to the prosecutor’s
office for conduct of inquest.
113. The prosecutor filed a case of homicide against X. Before
B. the moment B is not delivered to proper judicial
X could be arraigned, the prosecutor withdrew the
authority 18 hours from the time of arrest.
information, without notice to X. The prosecutor then filed a
C. the moment B not delivered to proper judicial
murder case against X. X invokes double jeopardy. Is there
authorities within 36 hours from the time of arrest.
double jeopardy here?
D. the moment B is not delivered to proper judicial
a. Yes, because he was prosecuted twice.
authorities within 12 hours from the time of arrest.
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.
119. Provisionally dismissed cases with penalties of 6 years or
114. The city prosecutor charged A with serious physical
less shall become permanent after a period of:
injuries for stabbing B. A was tried and convicted as charged.
a. 1 year
A few days later, B died due to severe infection of his stab
b. 2 years
wounds. Can the prosecution file another information against
c. 3 years
A for homicide?
d. 4 years
a. Yes, since B’s death shows irregularity in the filing
of the earlier charge against him
120. A, a police officer detained B, his “kasambahay” for
b. No, double jeopardy is present since A had already
having a quarrel with his 4-year-old child. Can arbitrary
been convicted of the first offense
detention be committed by A?

A. yes, because he is a police officer and he detained B D. Offense
without legal ground.
B. no, he has the right to discipline B as his kasambahay. 127. A stole the cellular phone of B. C (the mother of A)
C. no, because he is the father of his 4-year old child. aware that the cellular phone was stolen sold the same to D.
D. yes, because the detention is without a warrant of arrest. What is the criminal liability of C, if any?
A. as a mother, C is exempt from criminal liability for
121. Suppose A is a non-uniformed police officer. He detained the crime committed by A.
his “kasambahay” after quarreling with his 4year-old child. B. C will be liable only as accessory for harboring or
Can arbitrary detention be committed by A? concealing A for the crime of theft.
A. no, he has the right to discipline his kasambahay. C. as a mother, C is not liable as accessory to the crime
B. yes, he has no right to detain his kasambahay in the name of theft committed by A.
of discipline. D. C is liable as accessory to the crime of theft
C. yes, because he is still a police officer. committed by A
D. no, as a non-uniformed police officer, he is not a person in
authority 128. Intod, armed with a firearm and with intent to kill,
positioned himself in front of Mr. Palangpangan’s house,
122. Suppose C is a jail officer. Receiving an order from the directly opposite the latter’s bedroom, where he honestly
court directing him to release A, he refused because he is believed the supposed victim was located at that moment.
utilizing A as his personal “masseur”. May C be held liable for Intod wasted no time and riddled with bullets said portion of
not releasing A? the house. Luckily for Mr. Palangpangan, he was absent from
A. no, since the non-release is consensual between C and A. his room at that moment as he was in another city. Nobody
B. yes, because A may earn money as C’s special masseur. was hit by the bullets fired by Intod. What crime was
C. yes, for withholding the release of a person under his committed by Intod?
custody despite receiving the court order for release of A A. Attempted murder
D. none of the above B. Frustrated murder
C. NO crime
123. Suppose you are the investigator in a case where A D. Impossible crime
killed B. You concluded that there was no self defense. Which
of the following circumstances did you find out that made the 129. A with intent to kill B, Sprinkled some white powdered
killing not justified? substance on the food of B. He believed that what he mixed
A. B is an unlawful aggressor was arsenic; a powerful poison. But in reality, he only mistook
B. A used reasonable means to repel the attack salt for arsenic. What he actually mixed in the white
C. there is unlawful attack from B powdered substance but did not die. What crime was
D. A has participated in the provocation committed by A?
124. A punched B and B fell on the ground, meanwhile, by A. Attempted murder

sheer coincidence an incoming emergency vehicle B. Frustrated murder
accidentally ran over the prostrated body of B, which caused C. No murder
his death. IS A still criminally liable for the death of B? D. Impossible crime of murder
E. Impossible crime of homicide
A. Yes, the act of A in punching B is the direct, natural and
logical consequence of B’s death 130. After conviction at the Regional Trial Court of an offense
B. No, because there was an active force/efficient intervening not punishable by death, reclusion perpetua or life
cause that intervened between the act of A in punching B and imprisonment, bail is________________
such active force is a distinct act foreign from A’s felonious A. a matter of right of the convict
act B. discretionary to the convict
C. Yes, because A was committing a felony when he was C. discretionary to the court
punching B D. granted before conviction contentious
D. Yes, A was the proximate cause of the death of B
131. What Court has the authority to freeze bank deposits for
125. A petition for certiorari shall be filed within: violation of Anti-Money Laundering Law?
a. 15 days a. MTC
b. 30 days b. RTC
c. 10 days c. CA
d. 60 days d. Sandiganbayan
126. It is an act which would be an offense against person or 132. If factum probans refers to evidentiary fact, factum
property were it not for the inherent impossibility of its probandum refers to____________.
accomplishment, or an account of the employment of A. facts in issue
inadequate or ineffectual means employed by the offender, B. ultimate facts
as a consequence of which the accused is held criminally C. evidentiary issue
liable for the penalty of arresto mayor or fine not exceeding D. main issue
200.00 to 500.00 or both, in order to prevent or suppress his
criminal propensity:
A. Light felony 133. Intelligence is an element of felony. To prove otherwise,
B. Proximate cause is to prove the accused is _______________.
C. Impossible crime A. under the concept of mistake of fact

B. deprive of cognition when the crime was committed b. Consummated; it is the state of mind of the accused
C. under the compulsion of an irresistible force that should be considered. He thought he had killed Y, and
D. under the concept of mistake of identity that is enough to make the crime consummated.
c. Impossible crime; it is impossible to kill another
134. A, with intent to kill B, shot the latter but the gun would person who pretends to be dead already, so naturally X
not fire because A forgot to load his gun with bullets. What already stopped killing Y.
crime was committed by A under these circumstances? d. Physical injuries; the playing dead of the victim
A. Attempted murder makes it impossible for the court to determine whether the
B. Frustrated murder crime is attempted or consummated.
C. No murder
D. Impossible crime 140. A search warrant was issued for more than one specific
offense. This kind of warrant is void and not allowed:
135. In the immediately preceding number, let us assume a. Scatter-shot search warrant
that X had actually made sure that the gun had live bullets. b. General search warrant
Now with intent to kill, he aimed his gun against Y. But the c. Plain view doctrine
gun did not fire. This time the reason for the non-firing of d. John Doe or blank warrant
the gun was that the gun suffered a malfunction as the bullet
jammed altogether. What crime was committed by X? 141. The crime of coup d’ etat is
A. Impossible crime committed_______________.
B. Attempted felony A. by any person or persons belonging to the military or
C. Frustrated felony police or holding any public office or employment
D. Kamalasan B. singly or simultaneously carried out anywhere in the
Philippines
C. by a swift attack with violence, intimidation, threat,
strategy or stealth against duly constituted authorities of
136. Juan lost his cellphone today. A few months thereafter, the Philippines or any military camp or installation, etc.
Juan took a cellphone from Pedro without the latter’s D. all of these
consent. Juan immediately hide inside a remote alley across
the street and examined the cellphone. To Juan’s 142. Dr. X had long wanted to kill Y, his lawfully wedded wife.
astonishment he discovered that the cellphone that he took So, one night he mixed whitish substances on the soup of the
from Pedro was the very same cellphone which he lost a few latter. When the wife had already finished her meal, including
months ago. What crime was committed by Juan? the soup with poison, Dr. X had a sudden change of heart and
A. No crime decided to save the life of his wife by employing his
B. Impossible crime knowledge in toxicology. He immediately
C. Theft under Article 308 of the RPC administered an antidote. The antidote administered by Dr. X
D. Grave coercion prevented the death of the wife who, however, unfortunately
E. Unjust vexation became vegetable-like thereafter. What crime was committed
by Dr. X?
137. A stole the phone of B and used it for a day. After
realizing that what he did was wrong, A returned the phone a. Attempted parricide
to B. Here, A is______. b. Consummated less serious physical injuries
A. Still liable for theft c. Frustrated parricide
B. Still liable for robbery d. Consummated serious physical injuries
C. NO longer liable for any crime e. Attempted murder
D. NO longer liable for any crime because of spontaneous
desistance
138. X, with intent to kill, slowly approached Y who was 143. A waylaid B in the hope of getting his watch. But B left
seated on a chair and whose back was turned against X. his watch in his house. A pointed his gun to B and demanded
Because X had a defective eyesight he miscalculated his B to produce the watch. But because B had no watch on him,
target and his knife landed against the frame/back of the A let B go home unmolested. What crime was committed by
chair, thus alerting Y.Y was not even scratched because the A?
back frame of the chair protected him from injury. Here, what a. Attempted robbery
crime was committed by X? b. Frustrated robbery
A. Attempted murder c. Impossible crime
B. Frustrated murder d. Grave threats
C. Impossible crime of murder
D. Attempted homicide 144. Which of the following are crimes mala in se?
E. Attempted parricide A. Offenses punished by the Revised Election Code, a special
law, for the omission or failure to include a voter’s name
139. X struck Y with a bolo, hitting the latter in his neck, in the registry list of voters.
chest, arms and legs. Y pretended to be dead. X thought he B. Violation of comprehensive Dangerous Drugs Act
had already succeeded in killing Y, so he left immediately. Y C. Illegal Possession of Firearms
was alive and ran away after X left. What stage of the crime D. Offenses defined and punished by the Revised Penal Code
was committed?
a. Frustrated; the crime was not produced because of 145. X was caught in the act of pouring gas in the house of
causes independent of the will of the accused. In this case, another. He was about to strike the match in preparation to
the pretense of death by Y.

set the house on fire when he was stopped by alerted citizens. a. prosecution, defense (accused), rebuttal, sur-rebuttal
What crime was committed? b. rebuttal, sur-rebuttal, prosecution, defense (accused)
a. Consummated arson c. prosecution, rebuttal defense (accused), sur-rebuttal
b. Frustrated arson d. defense, prosecution, rebuttal, sur-rebuttal
c. Attempted arson
d. No crime 153. If the document subject of inquiry is the photocopy of
the transcript of record, it is a _____________ evidence.
146. X got mad with his neighbor, so he lit a rag soaked with A. original
gas and place it against the wall of his neighbor's house. A B. material evidence
small, very small portion, repeat, very small portion only, of C. secondary evidence
the house was burned. The fire that burned that portion could D. parol evidence
not have even hurt anyone. Luckily, the fire was put out
before it became a major one. What crime was committed? 154. To produce conviction, the extra judicial confession must
a. Impossible crime of arson be supported by ________.
b. Attempted murder A. The testimony of the accused affirming his
C. Frustrated arson extrajudicial confession.
d. CONSUMMATED ARSON B. The presentation of corroborative evidence of
corpus delicti
147. When two persons committed the crime by directly C. The testimony of the investigating officer who
taking part in accomplishing the same crime. obtained the confession.
Both accused are criminally liable as_______________. D. the testimony of the counsel who assisted during the
A. accomplices investigation
B. accessories
C. principals 155. Which of the following statements is/are true in relation
D. conspiracy to unlawful aggression as one of the elements of self-defense,
defense of relatives and defense of strangers?
148. X told Y, "Let us kill Z!" Y said "No, I don't want to, mag- 1. When the aggressor flees, there is no more unlawful
isa ka na lang" Here, X is ____. aggression.
a. liable for proposal. 2. Although the unlawful aggressor retreats, if he does
b. liable for proposal to commit murder. it to take advantage of a better position, unlawful aggression
C. may be liable for impossible crime. still exists.
d. not liable at all 3. There is no unlawful aggression when there is an
agreement to a fight, both protagonist and antagonist
149. Which of the following is not one of the conditions in cannot claim self-defense.
order that the criminal law may not be given retroactive 4. Rights included in self-defense include defense of
application? honor and property, and even in these cases unlawful
A. the offender is a first time offender aggression must be present.
B. the criminal law is favorable to the accused
5. There is still unlawful aggression even if there was
C. there must be a valid criminal law
agreement to a fight so long as the aggressor initiates the
D. the offender is not habitual delinquent
attack prior to the agreed time.
a. 1 to 5 are true
150. Which of these is punishable?
b. None of them is true
1. Conspiracy to commit treason, conspiracy to commit
rebellion, conspiracy to commit coup d'etat, conspiracy to c. 1 to 2 only are true
commit terrorism d. 1 to 3 only are true
2. Inciting to rebellion, inciting to sedition, inciting to
terrorism 156. One night, X heard intruders inside his house. X armed
himself with a rifle and upon seeing a man armed with a pistol
3. Proposal to commit treason, proposal to commit
ransacking his house, X shot and killed the man. Is X
rebellion, proposal to commit coup d'etat, proposal to commit
criminally liable?
terrorism
a. No, because he was acting in defense of property
4. Inciting to coup d'etat, proposal to commit sedition.
right.
a. 1-4
b. No, because the means employed was reasonable
b. 1-3
considering that the intruders were armed with a pistol c. c.
c. 1 only
None of these
d. None of these.
d. Both a and b
151. Which is the correct order in the examination of
157. In what characteristics of criminal law is express and
witnesses?
implied repeal are relevant?
A. extra-territoriality
a. direct, re-direct, cross, re-cross examinations
B. prospectivity
b. direct, cross, re-direct, re-cross examinations
C. territoriality
c. cross, re-direct, direct, re-cross examinations
d. re-direct, direct, cross, re-cross examinations D. generality
158. One night, Anne, a married young woman, was sleeping

152. Order of trial: when he felt a man on top of her. She thought it was her
husband, so Anne let the man had sex with her. After
reaching climax, the man said, “Anne, I love you. I am not

your husband. I am Peter". Anne got angry she took a gun 165. A slapped the face of B today. One or two days after that
and shot Peter. Anne is charged with homicide. Can she slapping incident, B, as a form of revenge, attacked A for the
invoke self- defense/defense of honor? slapping incident that took place one or two days before. If A
a. Yes. Anne is the victim of unlawful aggression here, fights back against this attack by B, can A claim self-defense
unlawful sexual intercourse. under this present attack?
b. No. The unlawful aggression against her honor had already
ceased at the time of the shooting. a. Yes, because A's provocation was most proximate and not
c. It depends if Peter would marry Anne. immediate to the aggression made by B.
d. Yes. If Anne can show that she locked the door of her b. No, because A gave provocation.
house, it will negate negligence on her part. c. Yes, because although A gave provocation, it was not
sufficient.
159. An evidence obtained is considered as incompetent if d. None of these
___________.
A. in violation of the right of the accused 166. Any person who shall help the principal of the crime in
order to conceal the corpus delicti is liable as_______.
B. in violation of the constitution
A. principal
C. in violation of the rules or statutes
B. accessory
D. All of these
C. janitor
160. When after a certain period of time, the law enforcement D. accomplice
officers or private offended party has failed to prosecute the
commission is forever barred to prosecute the same is 167. A kissed B' girlfriend today. One or two days after the
_____________. kissing incident, B, as a form of revenge attacked A for the
A. prescription of Penalty kissing that took place one or two days before. If A defends
B. prescription of crime himself against this attack by B, can A claim self- defense
C. conditional pardon under this present attack?
D. prescription of prosecution
a. Yes, because A's provocation was not proximate and
161. A ship was heavily overloaded without the fault of the immediate to the aggression made by B.
ship captain. While in the middle of the sea, the ship b. No, because A gave provocation.
encountered strong typhoon. The captain decided to throw c. Yes, because although A gave provocation it was not
the cargoes of the vessel to lighten the vessel. The ship
sufficient.
d. None of these
survived because of this decision of the captain. Is the captain
liable for damage to property case filed by the owners of the
168. Evidence to be credible must___________.
cargo?
a. No, the ship captain is not liable. This is avoidance of A. come from credible lips and must be credible in itself
greater evil, and therefore, there is also no civil liability. B. be incredible in itself
b. Yes, this is damage to property. C. come from a child
C. No, he acted in defense of himself and strangers.
D. come from credible lips alone
d. The ship captain is not criminally liable under the
necessity/avoidance of greater evil doctrine, but he and 169. Jose was a tricycle driver who was hired by a certain
others may be civilly liable. "Boy" to drive the latter to the cockpit. Jose agreed to the
proposal and while on their way to their agreed destination,
162. The remedy to a duplicitous information is to file a motion two other unidentified who were the companions of Boy
to quash:
boarded the tricycle. Along the way, the trio, to the surprise
a. before arraignment of Jose, staged robbery against an innocent victim. Jose tried
b. after arraignment to escape but "Boy" who stayed inside the tricycle prevented
c. before and after arraignment him from leaving by means of gun-poking, and Boy
d. during arraignment threatened in fact to shoot Jose. Here, Jose, who drove for
the robbers should be acquitted if he is also charged with
163. Mala in se are those crimes so serious in nature as to robbery because…
call for unanimous condemnation of the society, while mala a. he acted in self defense
prohibit are those which are ____________. b. he is just a poor tricycle driver
A. declared by statutes to fit the needs of the present c. an act done by him against his will is not his act
times. d. he acted under the compulsion of an irresistible force
B. merely set as violations for certain group of our e. either c or d or both of them
society.
C. violations of mere rules of convenience designed to 170. Which of the following is not exempt from criminal
secure orderliness in our society. jurisdiction of a certain country?
D. wrongful and serious acts by nature but which was a. Head of State
not declared by statutes. b. Mister-plenipotentiary
c. Consul-General
164. In classical theory, the purpose of penalty is:
d. Minister Resident
a. reformation
b. retribution 171. A, B, C and D murdered Pedro in the forest. E, who was
c. rehabilitation an innocent passerby in the forest, accidentally saw what A,
d. redress B, C and D had done. A, B, C and D also saw E, and they
pointed their guns against E, and forced E to burn the cadaver

of Pedro. Is E criminally liable as an accessory for burning the
cadaver of Pedro? 178. Suppose that B (detention prisoner) escaped through his
own efforts from PAKULO without giving consideration to A
a. No, he acted under the impulse of uncontrollable fear of and D (jailers). Did B commit any crime?
an equal or greater injury. A. Yes, for the crime of evasion of service of sentence
b. No, he acted under the compulsion of irresistible force. B. No, he did not commit any crime under the RPC.
c. Yes, he acted in conspiracy with the accused. C. Yes, for the crime of delivery of prisoner from jail.
d. Yes, he had the opportunity to escape. D. No, not yet for the crime of delivery of prisoner from jail.
172. A law enforcement officer’s discharge of firearm may 179. Suppose that B escaped through his own efforts from
result in the following various crimes, PAKULO without giving consideration but in conspiracy with
except___________. A and D (jailers). What is the crime committed by A and D?
A. illegal possession of firearm
B. attempted homicide A. conspiracy to the crime of evasion of service of sentence
C. physical injuries B. delivery of prisoner from jail
D. illegal discharge of firearms C. conspiracy for the crime of delivery of prisoner from jail
D. infidelity in the custody of prisoner
173. It is not necessary to state in the complaint or
information the precise time at which the offense was 180. Suppose that B (convicted by final judgement) escaped
committed. Which of the following crimes requires that time through his own efforts from PAKULO without giving
must be alleged in the complaint or information? consideration to A and D (jailers). What is the crime
A. abortion committed by B?
B. infanticide
C. malicious mischief A. delivery of prisoner from jail
D. piracy B. indirect bribery
C. evasion of service of sentence
174. Anti-Fencing Law will apply only when the valuable D. infidelity in the custody of prisoner
articles proceeds from the crime of________.
A. usurpation 181. A and B are step brothers. A took the cellphone of B.
B. estafa They are living under the same roof. Which of the following
C. theft or robbery statements is correct?
D. swindling A. a crime of qualified theft is committed, and A is
exempt from criminal liability
175. A ordered B to kill C (B's father). If he would not do it, B. a crime of theft was committed but A is exempt from
A threatened B that he (A) would kill B’s carabao. B killed C, criminal liability
his own father, to save the life of the carabao, because he C. a crime of qualified theft is committed, and A is not
loved his carabao more than he loved his father. Is B exempt from criminal liability
exempted based on uncontrollable fear? D. a crime of theft is committed and A is not exempt
a. No, because the evil with which he was threatened from criminal liability
was much less than that of killing his own father.
b. Yes, because in the eyes of the law, the life of the 182. Which of the following statements best describes the
carabao is put in the same level as that of the life of a human application of the provisions of special penal laws?
being. A. The special penal laws may or may not have periods of
c. Yes, because killing a person is absolutely prohibited penalty
by the law. B. The Revised Penal Code provides the period for the
d. No, because the life of a carabao if used in one’s penalty, the penalty for the special penal laws must provide
livelihood is far more valuable than the life of his father. the same.
C. The provision of the Revised Penal Code is supplemental
176. A is a woman. She killed B who is less than three days to the special penal laws
old and the legitimate child of C. D. The provisions of special penal laws are supplemental to
What is the crime committed by A, if any? the provision of the Revised Penal
A. infanticide Code
B. homicide
C. murder 183. A is accused of a crime while B was the witness for the
D. parricide prosecution. Before the trial begins, A and B got married.
Here,
a. B is still qualified to testify against A
b. B is no longer qualified to testify against A
177. Suppose that Z a very influential private individual c. B is no longer qualified to testify against A because of the
arranged the escape of B and C by giving A and D (jailers) marital disqualification rule
certain consideration. Which of the following crime may be d. B is no longer qualified to testify against A because of the
committed by A and D? marital disqualification rule, unless A gives his consent
A. infidelity in the custody of prisoner 184. Attorney X was approached by Y who is an accused in a
B. direct bribery criminal case for parricide. In their conversation, Y disclosed
C. direct bribery and infidelity in the custody of the prisoner to Attorney X that he killed his wife. Upon hearing this,
D. conspiracy to the crime of evasion of service of sentence Attorney X declined to defend Y. Attorney X now wants to

testify against Y in the same criminal case of parricide in any communication received in confidence by one from the
which Y is the accused. May Attorney X be allowed to testify other during the marriage, except in a civil case by one against
against Y? the other, or in a criminal case for a crime committed by one
a. Yes, as there is no law which prohibits him from against the other, or the latter's direct descendants or
doing so. ascendants. This is…
b. No, because of the privileged communication
between lawyer and client. a. privileged communication
c. No, because of the privileged communication b. privileged communication between husband and wife
between lawyer and client unless his client, Y, consents to c. privileged communication between priest and patient
such testimony d. privileged communication between attorney and client
d. Yes, because there is no mention in the case that Y e. privileged of state secrets
paid attorney's fees to Attorney X, therefore, there was no
attorney-client relationship created. 189. Pedro and Petra are husband and wife. Mario and Maria
are husband and wife. One day, Pedro had sex with Maria
which caused the impregnation of Maria who bore a child
later. Pedro asked forgiveness from Petra and confided to
185. In relation to the preceding question, assume that
Petra that he is the father of Maria's child. Mario sues Pedro
Attorney X's stenographer or secretary, or anyone of his
for adultery and wants to use Petra as his witness. Can Petra
employees in his law office was able to overhear the
testify against Pedro?
confession made by Y to Attorney X. May anyone of this
a. No, because of disqualification by reason of
employee go to court where the parricide case is pending and
marriage.
testify against Y regarding the admission made by Y to
b. No, because of privileged communication between
attorney X?
husband and wife.
a. No, because of the lawyer-client privilege
c. No, because of disqualification by reason of
b. Yes, so long as client Y, consents; if he does not, then no.
marriage, unless Pedro gives his consent.
c. As a general rule, no, unless Attorney X gives his consent.
d. No, because of privileged communication between
d. No, as a general rule, unless both Attorney X and client Y
husband and wife, unless Pedro gives his consent.
give their respective consents.
190. A physician, psychotherapist or person reasonably

186. Assume in the above case that Y was merely planning
believed by the patient to be authorized to practice medicine
to kill his own wife and he was just asking the opinion of
or psychotherapy cannot, in a civil case, without the consent
Attorney X on how he could do it with impunity. May Attorney
of the patient, be examined as to any confidential
X, this time, go to court and testify against Y?
communication made for the purpose of diagnosis or
a. No, unless Y gives his consent.
treatment of the patient's physical, mental or emotional
b. Yes, the lawyer-client privilege rule is not applicable
condition, including alcohol or drug addiction. This privilege
to crimes to be committed in the future
also applies to persons, including members of the patient's
c. Yes, unless Y prohibits him.
family, who have participated in the diagnosis or treatment
d. No, there is no exception.
of the patient under the direction of the physician or
psychotherapist.
187. When can a lawyer or his employees testify against the
This is ____
interest of the client? In other words, which of this is an
a. privileged communication between doctor and patient
exception to the attorney-client privilege?
b. privilege communication between husband and wife
c. privilege communication between priest and patient
a. Furtherance of crime or fraud. If the services or
d. privilege communication between attorney and client
advice of the lawyer were sought or obtained to enable or aid
e. privilege of state secrets
anyone to commit or plan to commit what the client knew or
reasonably should have known to be a crime or fraud.
191. RICARDO DE MESA died and he left certain properties,
b. Claimants through same deceased client. As to a
like lands and other real estate. CAROLINA, DOLORES and
communication relevant to an issue between parties who
CESAR, sisters and brother of Ricardo were claiming Ricardo's
claim through the same deceased client, regardless of
properties because according to them, Ricardo De Mesa had
whether the claims are by testate or intestate or by inter vivos
no spouse and had no child, hence his property should be
transaction.
inherited by them. However, CECILIA and MARIAN, claimed
c. Breach of duty by lawyer or client. As to a
that they were the illegitimate children of Ricardo, and
communication relevant to an issue of breach of duty by the
therefore they should be the one to get their father's
lawyer to his or her client, or by the client to his or her lawyer.
property. To prove that Cecilia and Marian are not children of
d. Document attested by the lawyer. As to a
Ricardo, Carolina, Dolores and Cesar, presented in court the
communication relevant to an issue concerning an attested
affidavit of DR. ARENAS. According to the affidavit of Dr.
document to which the lawyer is an attesting witness.
Arenas, Ricardo was sterile because of gonorrhoea disease
e. Joint clients. As to a communication relevant to a
that he contracted during his lifetime and therefore it was
matter of common interest between two or more clients if the
impossible for him to bear children. The court did not accept
communication was made by any of them to a lawyer
the affidavit of Dr. Arenas because its admission would violate
retained or consulted in common, when offered in an action
what rule?
between any of the clients, unless they have expressly agreed
otherwise.
a. Privileged communication between doctor and patient
f. Any one of or all of these
b. Privileged communication between husband and wife
c. Privileged communication between priest and patient
188. The husband or the wife, during or after the marriage,
cannot be examined without the consent of the other, as to

d. Privileged communication between attorney and client luckier because he was not subjected to the same treatment.
Y made an extrajudicial confession out of fear that he would
e. Privilege of state secrets be beaten later if he did not confess. Y's extrajudicial
statement is
192. A minister/priest or person reasonably believed to be so, a. admissible because no torture was inflicted to him
cannot, without the consent of the affected person, be b. not admissible because the torture of X within Y's hearing
examined as to any communication or confession made to, or distance is sufficient intimidation to Y as well, hence, his
any advice given by him or her, in his or her professional confession was not voluntary
character in the course of discipline enjoined by the church c. admissible as part of res gestae
to which the minister or priest belongs. This is… d. All of the above
a. privileged communication between doctor and patient 198. Evidence that one did or did not to do a certain thing at
b. privileged communication between husband and wife one time __________.
c. privileged communication between priest and penitent A. cannot be compared as evidence that he did the
d. privileged communication between attorney and client same thing in the past
e. privilege of state secrets B. is comparable evidence to prove that he did the
same thing in the past
193. A public officer cannot be examined during or after his C. is admissible to prove that he did or did not to do
or her tenure as to communications made to him or her in the same thing at another time.
official confidence, when the court finds that the public D. is not admissible to prove that he did or did not do
interest would suffer by the disclosure. the same thing at another time
This is…
199. What is the Rule in the Evaluation of evidence where the
a. privileged communication between doctor and patient evidence in a criminal case is evenly balanced so that the
b. privileged communication between husband and wife constitutional scale is tilted in favor of the accused?
c. privileged communication between priest and patient A. Balancing Rule
d. privileged communication between Attorney and Client B. Equipoise Rule
e. public officers and public interest/privilege of state secrets C. Presumption of innocence
D. Exclusionary Rule
194. Under the new rules on evidence, the privileged
communications between the professionals and their client 200. Which of the following are public documents?
shall remain privileged even in the hands of a third person 1. The written Officials acts, or records of the official acts of
who have obtained the information, provided that the sovereign authority, official bodies and tribunals, and
a. the original parties to the communication took public officers
reasonable precaution to protect its confidentiality II. Documents executed by private persons and acknowledge
b. the original parties were not aware that other people before a notary public I
were eavesdropping on them III. Public records, Kept in the Philippines, of private
c. Both a and b documents required by law to be entered therein
d. None of these A. I, II, III
B. I, III
195. A person cannot compelled to testify about any trade C. I, II
secret unless the non-disclosure will conceal fraud or D. II, III
otherwise work injustice. When the disclosure is directed, the
court shall take such protective measures as the interest of 201. The accused was convicted for an offense the penalty of
the owner of the trade secret and of the parties and the which is less than 6 years of imprisonment.
furtherance of justice may require. This is He is qualified for probation. What advice will you give to the
a. privileged communication between doctor and patient convict?
b. privileged communication between husband and wife A. That in case the penalty for the crime committed is more
c. privileged communication between priest and patient than 6 years and upon appeal was reduced to less than 6
d. privileged communication between attorney and client years he can still apply for probation
e. privilege relating to trade secrets B. That if he will apply for probation, he cannot anymore
appeal his case once his application for probation is denied
196. An extrajudicial confession must be corroborated by C. That if he files his appeal, he cannot anymore be allowed
evidence of corpus delicti in order to sustain a conviction. to apply for probation in case his appeal is denied
What is meant by "corpus delicti? D. All of these
a. It means the body or the substance of the crime, or
the fact that a crime has been committed. 202. Pre-trial process is where the parties stipulate on facts
b. It literally means "produce the body" which is that and evidence. What in general, is the purpose of Pre-trial?
writ directed to person allegedly detaining another without A. To settle the civil aspect of the criminal case
legal right. B. To comply with the order of the court to expedite the court
c. It means the right of a person against unreasonable process
searches and seizures. C. To determine matters that will promote a fair and
d. d. All of the above expeditious trial of the case
D. To determine if the accused will enter into a plea of guilty
197. X and Y were before the police station and under
investigation for stealing razor. X was beaten by the police 203. A hired B as an employee, and in the contract of
within the hearing distance of Y. Y, on the other hand, was employment, the salary of B was pegged at P100, 000.00 a

month. Later, A refused to pay B P100, 000.00 because 209. The offender is a police officer with the rank of
according to him, he and B had a verbal agreement that B's Superintendent. The crime committed is in violation of the
salary is conditional in that if the business did not turn out Anti-Graft law. The case shall be under the jurisdiction of
well, then the supposed salary of B would only P50, 000.00 a the____
month. Under the facts, A cannot introduce in court such a A. Metropolitan Trial Court
verbal agreement over the objection of B that such verbal B. Regional Trial Court
agreement is a violation of what rule? C. Office of the Ombudsman
a. Employment contract rule D. Sandiganbayan
b. Parol evidence rule
c. Original Document Rule 210. A person asked you for advice on how to file a case of
d. Best evidence rule concubinage against her husband. Which of the following are
allowed by the rules in order to initiate the filling of a
204. The crime committed is punishable by imprisonment of concubinage case?
at least 4 years, 2 months and 1 day. The crime was A. The case of concubinage can be initiated even without the
committed in the province. Where the complaint should be complaint of the offended spouse
tried in order to initiate the criminal action? B. The case of concubinage can only be initiated by the
A. To file the information directly to the Regional Trial complaint of the offended spouse
court C. None of these.
B. At the police station for warrantless arrest and D. The case of concubinage is a public offense, it can be
inquest proceedings. initiated by the police
C. At the prosecutor’s office for the conduct of
preliminary investigation. 211. This is a remedy available to any person whose right to
D. To file the complaint directly with the Municipal Trial life, liberty and security is violated or threatened with
Court. violation by an unlawful act or omission of a public official or
employee, or of private individual or entity. It shall cover
205. A person is about to commit a crime in your presence. extralegal killings and enforced disappearances:
As a police officer, what would the appropriate course of a. Writ of Amparo
action to do considering that the crime is yet to be b. Writ of Habeas Corpus
consummated? c. Writ of Habeas Data
A. To identify the person and file a case for preliminary d. Writ of Kalikasan
investigation
B. To detain a person while waiting for the issuance of 212. This is a remedy available to a person whose right to
the warrant. privacy in life, liberty or security is violated or threatened by
C. To wait for the crime to be consummated, before an unlawful act or omission of a public official or employee,
arresting the person. or a private individual or entity engaged in the gathering,
D. To arrest the person even without a warrant of collecting or storing of data or information regarding the
arrest. person, family, home and correspondence of the aggrieved
party:
206. The accused is charged for light felony with alternative a. Writ of amparo
penalty of payment of fine of not exceeding P200.00. He has b. Writ of habeas corpus
been detained for more than a month already. A plea of guilty c. Writ of habeas data
is possible, as a criminologist, your BEST advice is to _____ d. Writ of kalikasan
A. Plead guilty to the crime charged and pay the fine
of P200.00 213. An individual approached and asked you on how to file
B. Plead guilty, however, his plea of guilty will be a case against another. The act complained of happened
entered on record more than 1 week ago. Upon initial inquiry, you learned that
C. Plead guilty, considering that he has been detained the act complained of is punishable with imprisonment of
for more than 1 month already the penalty is deemed served more than 6 years. What will be your advice?
already A. To proceed with the complaint before the police station
D. Ask for the release from detention considering that and request that a warrantless arrest be conducted
he has been detained for more than one month already B. To proceed with the warrantless arrest and the conduct of
without regard to the outcome of the case. inquest proceedings
C. To proceed with the direct filing of the case before the
207. In order to determine the veracity of the testimony of prosecutor’s office for the conduct Of preliminary
the witness against him. The accused has the right to______ investigation
A. Testify on his own behalf C. To file the case directly with the Regional Trial Court
B. Secure the presence of his witnesses in court
C. Has the testimony of the witnesses against him 214. In all criminal cases, the accused is presumed innocent.
D. Cross examine and confront the witnesses against him Thus, the prosecution has the burden of proof. Between the
accused and prosecution who should present the evidence
208. What is this evidence which admission is dependent on first?
its being obtained legally? A. The accused
A. Conclusive B. The prosecution
B. Material C. It is up to the court
C. Competent D. None of these
D. Relevant

215.. If Marcello is a resident of Valenzuela City but he d. Sheriff
committed the crime in Manila against Cassie who is resident e. Process server
of Caloocan City, the case should be filed in_____
A. Caloocan City where Cassie is a resident 223. He is tasked with serving writs and processes of the
B. Manila, where the crime was committed court; keeping custody of attached properties; and
C. Any prosecutor’s office in Metro Manila maintaining the record book on writs of execution writs of
D. Valenzuela city where Marcello is a resident attachment, writs of replevin, writs of injunction, and all other
processes:
216. What is the treatment of the court on evidence that is a. Public prosecutor
determined to be incompetent? b. Legal researcher
A. Inclusion c. Interpreter
B. Archive d. Sheriff
C. Admission e. Process server
D. Exclusion
224. His primary duty is to serve court notices. He ensures
217. He has general administrative supervision over all the that all notices assigned to him are duly served on the parties.
personnel of the court. He is primarily accountable for all It is through him that defendants learn of the action brought
funds that are collected for the court: against them by the complainant, More importantly, it is also
a. Branch Clerk of Court through him that the trial court acquires jurisdiction over the
b. Presiding Judge defendant:
c. Stenographer
d. Officer in charge a. Public prosecutor
b. Legal researcher
218. A person who types every word said during the trial: c. Interpreter
a. Clerk of Court d. Sheriff
b. Presiding Judge e. Process server
c. Stenographer
d. Officer in charge 225. Court employees are not allowed to take any court
records, papers or documents outside the court premises. The
219. The legal officer who presides over the courtroom and reason for this is that:
directs and controls the trial. A man of learning who spends a. Rule 132 Section 26 of the Rules of Court says:
tirelessly weary hours after midnight acquainting himself with Immovability of public record.
the great body of traditions and the learning of the law: b. there is great danger that the public record might
a. Clerk of Court be lost in the process of transportation from one place to
b. Presiding Judge another
c. Stenographer c. Both a and b
d. Officer in charge d. None of these
220. A public official who brings the government's case 226. It is the principal law office of the government in
against a person accused of a crime and asks the court to extending free legal assistance to indigent persons in
convict that person. He is more popularly known as the criminal, civil, labor, administrative and other quasi-judicial
"fiscal”, cases:
a. Public prosecutor a. Department of Justice
b. Legal researcher b. Office of the Solicitor General
c. Interpreter c. Ombudsman
d. Sheriff d. National Prosecution Office
e. Process server e. Public Attorney's Office
221. His function is verifying legal authorities, drafting 227. Decisions of the Ombudsman in administrative cases are
memoranda on evidence, outlining facts and issues in cases appealable to the:
set for pre-trial, and keeping track of the status of cases. He a. Supreme Court
verifies authorities on questions of law raised by parties- b. Court of Appeals
litigants in cases brought before the Court: c. Sandiganbayan
a. Public prosecutor d. RTC
b. Legal researcher
c. Interpreter 228. It is one committed in the presence of, or so near a court
d. Sheriff or judge, as to obstruct or interrupt proceedings before it:
e. Process server a. Direct contempt
b. Indirect contempt
222. He acts as translator of the court, administering oaths to c. Semi-contempt
witnesses, calendar, prepares and signs minutes of the court d. Gross contempt of court
session; maintains and keeps custody of record book of cases
calendared for hearing; prepares court calendars and
the records of cases set for hearing: 229. During the presentation of evidence for the defense, the
a. Public prosecutor accused testified. During the cross examination, he was asked
b. Legal researcher questions which may point to his guilt on some other crime.
What is the right that the accused may invoke?
c. Interpreter
A. The right to counsel and for objection to such question

B. The right to remain silent 235. Suppose that C after the crime of coup d’ etat manifested
C. The right not to be a witness against himself to you that he wanted to avail amnesty. What will be your
D. The right against self-incrimination advice to him?
A. That he is not qualified because coup d’ etat is a crime
230. Robbery with homicide is committed when the____ against those in the government
A. Commission of the robbery is accompanied by B. That he is not qualified considering that crime committed
homicide is highly political
B. Killing resulting from robbery is not parricide, C. That he should get a recommendation from the Office of
murder or infanticide the President and to be concurred by Congress
C. Commission of robbery is accompanied by crimes of D. That he should get a recommendation from the Office of
homicide only the President and to be concurred by at least a majority of
D. Crime of homicide was committed on the occasion both Houses of Congress voting separately
of robbery
236. Suppose that C after conviction pending appeal,
231. The accused was present during arraignment and he manifested to you that he wanted to avail absolute pardon,
entered his plea. Despite notice and the issuance of warrant what will be your advice to C?
for his arrest, the accused remains absent. What should the A. That he is not qualified because coup d’ etat is a
court do in this kind of situation? crime against the President
A. Proceed with the trial of the case dispensing the B. That he should get it from the President without
presentation of evidence of the accused concurrence of the senate
B. None of these C. That he is not qualified because the conviction is not
C. Not to proceed with the trial of the case because the yet final
accused has the right to confront the witnesses D. That he is not qualified considering that the crime
D. Proceed with the trial of the case in absentia of the accused committed is highly political
237. A was convicted by final judgment of theft. While he was

232. Which of these is the latest definition of documentary serving sentence for theft, he was found in possession of
evidence? marijuana. He was charged with possession of dangerous
drugs under RA 9165, and was found guilty therein. Is A
a. Documents as evidence consist of writings, recordings, considered a quasi-recidivist?
photographs, or any material containing letters, words, a. Yes, A is considered a quasi-recidivist because he
sounds, numbers, figures, symbols, or their equivalent, or was serving sentence when he was found in possession of
other modes of written expression offered as proof of their dangerous drugs.
contents. Photographs include still pictures, drawings, stored b. No, A is not a quasi-recidivist for the reason that
images, x-ray films, motion pictures or videos. offense for which he was serving sentence is different from
b. Documents as evidence consist of writing or any material the second offense for which he was convicted anew.
containing letters, words, numbers, figures, symbols, or other c. No, A is not a quasi-recidivist for the reason that the
modes of written expression offered as proof of their second offense is not a felony or one which is punishable by
contents. the Revised Penal Code.
c. Both a & b d. No, A is not a quasi-recidivist because A should have
d. Documentary evidence is a document which is not oral and served out his first sentence first prior to conviction for the
can be seen by the naked eye. second offense.
233. Suppose that an investigation was conducted for the 238. Suppose that the crime committed by B is under the law
death of C and after more than 6 years of investigation, A punishable by imprisonment classified as less grave offense.
discovered that B is the perpetrator and is dead already. The When may A be liable for arbitrary detention?
wife of C wanted to pursue the filing of the criminal case. A. He will be liable for arbitrary detention if he fails to
What advice can you give to the wife? deliver B to proper judicial authorities within 12 hours from
the time of arrest
A. That the death of B does not result to civil liability B. He will not be liable for arbitrary detention
B. That the death of B absolutely extinguishes the criminal considering that the arrest is based in legal grounds
liability C. He will not be liable for any crime because he
C. That the death of B does only partially extinguishes the arrested B for the commission of a crime
criminal liability D. He will be liable for arbitrary detention if he fails to deliver
D. None of the above B to proper judicial authorities within 18 hours from the time
of arrest
234. Suppose that B manifested his intention to apply for 239. Suppose that the crime committed by B is under the law
parole, what is your advice to B? punishable by imprisonment classified as grave offense.
When should A deliver B to proper judicial authorities to avoid
A. that parole cannot be granted considering the opposition committing arbitrary detention?
of the wife of C A. More than 36 hours
B. That he should serve first the minimum of his penalty B. Within 12 hours
C. That he is not qualified because the penalty for murder is C. Within 18 hours
reclusion perpetua D. Within 36 hours
D. None of these
240. As provided by law, A should deliver B to proper judicial
authorities. Proper Judicial Authorities mean ___

b. No, in the absence of physical injuries, it is highly
A. Filing of information to the prosecutor’s office improbable that the alleged rape victim had been defiled
B. Filing of information in court of competent jurisdiction against her will. Absence of physical injury is evidence that
C. Physical delivery of the person to the prosecutor’s office she gave her consent.
d. Filing of complaint at the Prosecutor’s office for inquest c. No, in the absence of physical injuries, the alleged
sexual intercourse against the will of the woman is now put
241. A was applying for a Philippine passport. She has been into doubt, since all women who have been raped have
shown sign signs of bodily and vaginal injuries.
“Tago ng Tago” in Japan for so long. B agreed to issue a new
d. Yes, court takes judicial notice that rapes can be
passport after having sexual intercourse with B in the latter’s
committed in any place even in places where people usually
house. Is B criminally liable to our criminal law?
pass-by.
A. No, Japan criminal law is not applicable to him e. a and d
B. Yes, the crime committed is in relation to his official
function
C. No, the crime was committed in Japan
D. None of these 248. Which of these accurately reflects the parental and filial
privilege rule?
242. Suppose that A killed B. The latter is not related to A. a. Parental and filial privilege - No person may be
The age of B is less than 12 years old. What is the crime compelled to testify against his parents, other direct
committed by A? ascendants, children or other direct descendants.
A. Murder b. Parental and filial privilege - No person shall be
B. Parricide compelled to testify against his or her parents, other direct
C. Infanticide ascendants, children or other direct descendants, except
D. Homicide when such testimony is indispensable in a crime against that
person or by one parent against the other.
243. Suppose that A killed B. The latter is the niece of A. The c. Only the parents cannot testify against the
age of B is less than 12 years old. What is the crime descendant but not the other way around.
committed by A? d. Only the children cannot testify against the parents
A. Infanticide but not the other way around
B. Parricide
C. Homicide 249. The accused voluntarily confessed his crime to a
D. Murder newspaper media man. During the confession, the accused
had no lawyer. Is this confession admissible?
244. Suppose that A killed B. The latter is not related to A. a. Yes, confession to media man needs no lawyer since a
The age of B is more than 12 years old. The killing is attended media man is a private person and the accused is not under
by any of the circumstances stated in Article 248 of the custodial investigation at that time
Revised Penal Code. What is the crime committed by A? b. No, confession to media man is confession to agents of the
A. Murder state
B. Parricide c. No, because the accused should be always assisted by a
C. Homicide lawyer at all times whether or not under custodial
D. Infanticide investigation
d. Yes, it is admissible.
245. Suppose that A killed B. The latter is A’s illegitimate
daughter. B is less than 12 years old. What is the crime 250. In criminal cases, an offer of compromise by the accused
committed by A? may be received in evidence as an implied admission of guilt
A. Murder except ____?
B. Infanticide A. those involving quasi-offenses or those allowed by law to
C. Homicide be compromised.
D. Parricide B. in rape cases
C. in plunder cases
246. Suppose that A killed B. The latter is B’s illegitimate D. Both b and c
daughter and the age is merely 3 days old. What is the crime
of A? 251. X is an accused in a criminal case for consummated
A. Infanticide murder. X tried to settle the case with the family of the
B. Parricide offended party. X's act of settling the case is ____.
C. Homicide A. an offer of compromise and implied admission of guilt
D. Murder B. an offer of compromise and is not an implied admission of
guilt
247. A woman alleges she had been raped. But there were C. a quasi-confession of guilt
no signs of physical injuries on her arms and legs. Can the D. an offer to settle the case to buy peace
rape case still proceed even in the absence of signs of
physical injuries, and the alleged rape incident happened in a 252. X is accused of rape. The mother of X, without X's
place where people usually pass by? knowledge, went to the house of the supposed rape victim
a. Yes, in rape causes, injury to the body is not and tried to settle the case. The act of X's mother is ____
important since the gravamen of rape is sex with the victim a. an offer of compromise and is admissible against X
against her will or without her consent; physical injury is not b. an offer of compromise on her part only and cannot imply
an element of rape. any admission on the part of X

c. a foolish act b. No, because of similar acts as evidence.
d. All of the above c. No, because of res inter alios acta alteri nocere non debet
part II
253. X is an accused in a reckless imprudence case resulting d. All of the above
to homicide (a quasi-offense). X went to the relatives of the
offended party and offered to settle the case in the hope that 260. A testified that B has committed snatching several
the family of the victims might withdraw the criminal case. times on the same street. Can the court admit this testimony
X's act of settling the case is
as evidence against B?
A. an offer of compromise and implied admission of guilt
a. Yes, as part of res gestae.
B. an offer of compromise and is not an implied admission of
b. Yes, as a dying declaration.
guilt, since this involves quasi-offense
c. No, since he had no personal knowledge.
C. a quasi-confession of guilt
d. No, because under the similar conduct as evidence rule
D. an offer to settle the case to buy peace
254. The Latin statement, "res inter alios acta nocere non 261. It is a statement other than one made by the declarant
debet," means while testifying at a trial or hearing, offered to prove the facts
A. the law may be harsh but it is the law asserted therein. It is inadmissible. It is such when its
B. the welfare of the people is the supreme law probative force depends in whole or in part, on the
competency and credibility of some persons other than the
C. there is no crime if there is no law punishing it
witness by whom it is sought to produce it:
D. the rights of a party cannot be prejudiced by an act,
a. Hearsay
declaration, or omission of another
b. Dying declarations
255. The father of X admitted on television that his son is a c. Parts of the res gestate
robber. This statement of the father against his son is not d. All of these
admissible against the son because of ___.
a. res inter alios acta rule 262. The declaration of a dying person, made under the
b. dying declarations consciousness of an impending death, may be received in
any case wherein his or her death is the subject of inquiry,
c. res inter alios acta rule # 2
as evidence of the cause and surrounding circumstances of
d. common reputation
such death. This is
a. dying declaration
256. An act or declaration made in the presence and within
b. declaration in articulo mortis
the hearing or observation of a party, who does or says
nothing when the act or declaration is such as naturally to call c. ante-mortem statement
for action or comment if not true, and when possible for him d. declaration at the point of death
to do so, may be given in evidence against that party. This is e. All of these
known as _______?
a. admission 263. X was standing in front of his own house when suddenly,
he fell down as he was gunned down by a group of men. X's
b. declaration against interest
wife immediately rushed to his aid and upon seeing his wife,
c. admission by silence
X said in a weak voice: "Kung ako ay bibigyan pa ng Diyos ng
d. extrajudicial confession
pangalawang buhay, hindi maaaring hindi mananagot si Bebot
at si Frankie. "X died. Bebot and Frankie may be convicted
257. X was brought before the municipal hall by angry
based on X's
townspeople and everybody was cursing and pointing at him,
a. dying declaration
imputing to him that they caught him in the act snatching the
b. admission
purse of a jeepney passenger. Despite of these accusations,
c. confession
X merely bowed his head and said nothing. X's silence is
d. learned treatises
considered as a/an
A. admission by silence
264. X saw his grandmother sprawled on the ground and
B. admission
bloodied. X asked: "Nang, what happened?" The
C. confession
grandmother answered: “Si Paqui”. The grandmother's
D. implied admission
statement cannot be admitted as a dying declaration
because a dying declaration must be
258. Evidence that one did or did not do a certain thing at
a. complete in itself
one time is not admissible to prove that he did or did not do
b. corroborated
the same or similar thing at another time. This is
c. conclusive
a. previous conduct as evidence
d. witnessed by at least two witnesses.
b. similar acts as evidence
c. res inter alios acta alteri nocere non debet part II
265. X saw Y bloodied and sprawling on the ground. X asked
d. All of the above
this question: "Tio, who wounded you?" Y answered: “You
ask your Tia". May the Tia be\convicted of murder based on
259. A is accused of parricide for allegedly having killed his
the statement of Y and consider the same as a dying
father in 2020. Can the prosecution present the following
declaration?
evidence to prove his propensity in killing his father: in 2019,
a. Yes, because Y's statement is a dying declaration.
A tied his father to a papaya tree; in 2018, A tried to drown
b. No, because the statement of Y is not clear, unequivocal
his father, and, in 2017, A tried to throw his father to the
or precise as to who wounded him.
pool.
c. Yes, because at least that seems to be the tenor of what Y
a. No, because of previous conduct as evidence.
wanted to say.

d. Let's leave it up to the judge to answer this very hard 272. Decisions of the Ombudsman in criminal cases are
question. appealable to the:
a. Supreme Court
266. Dying declaration is admissible only in violent crimes, b. Court of Appeals
such as murder, when the declarant is ____. c. Sandiganbayan
a. the doer of the crime d. RTC
b. the victim of the crime
c. the victim of the crime who must eventually die
d. the witness in the crime 273. The declaration made by a person deceased or unable to
testify against the interest of the declarant, if the fact asserted
267. X was shot by Y in the course of a robbery. On the brink in the declaration was at the time it was made so far contrary
of death, X told w, a barangay tanod, that it was Y who shot to the declarant's own interest, that a reasonable person in
and held him up. In the trial for robbery with homicide, X's his or her position would not have made the declaration,
declaration can be admitted only as a dying declaration to unless he or she believed it to be true, may be received in
prove evidence against himself or herself, or his or her successors in
a. robbery interest, and against third persons. A statement tending to
b. homicide expose the declarant to criminal liability and offered to
c. robbery and homicide exculpate the accused is not admissible unless corroborating
d. anything circumstances clearly indicate the trustworthiness of the
statement. This is_______.
268. Statements made by a person while a startling a. declaration against interest
occurrence is taking place or immediately prior or subsequent b. declaration about pedigree
thereto, under the stress of excitement caused by the c. common reputation
occurrence, with respect to the circumstances thereof, may d. learned treatises
be given in evidence as ____ So, also, statements
accompanying an equivocal act material to the issue, and 274. A and B engaged each other in a duel. B died instantly.
giving it a legal significance, may be received as part of the A, on the other hand, bloodied and wounded, went to the city
res gestae. hall and made sworn statement that he was the one
responsible for killing B and nobody else. A died also
a. res gestae
thereafter. A few days thereafter, C, a friend of A, is accused
b. parts of the res gestae
of killing B. In this case, C may be acquitted on the basis of
c. dying declaration
A's ______.
d. All of these
A. declaration against interest
B. dying Declaration
269. X killed his employer inside the employer's bodega.
C. declaration against pedigree
Immediately after having killed his employer, X called upon
D. former testimony or deposition
Y, the security guard of the bodega, and told the latter that
he (X) had just killed their employer. Y, shocked and
bewildered, immediately phoned the police. X's statement to
275. The act or declaration of a person deceased or unable
Y may be used in evidence against X as
to testify, in respect to the pedigree of another person related
a. judicial confession
to him or her by birth, adoption, or marriage or, in the
b. parts of the res gestae
absence thereof, with whose family he or she was so
c. dying declaration
intimately associated as to likely have accurate information
d. declaration about pedigree concerning his or her pedigree, may be received in evidence
where it occurred before the controversy, and the relationship
270. A beat Y to death. Before Y died, Y's grandmother
between the two persons is shown by evidence other than
brought him to the hospital. The grandmother had hysterical such act or declaration. The word "pedigree" includes
outburst at the hospital telling and screaming that it was A
relationship, family genealogy, birth, marriage, death, the
who killed Y. By the time of the trial, the grandmother is
dates when and the places where these facts occurred, and
already dead. The outburst may be treated as
the names of the relatives. It embraces also facts of family
a. parts of res gestae history intimately connected with pedigree. This is?
b. dying declaration a. declaration against interest
c. admission b. declaration about pedigree
c. dead man statute c. common reputation
d. learned treatises
271. Ms. M was kidnapped by four (4) sex-crazed men, was
brought to a hotel, and was forcibly raped there repeatedly.
276. A and B (who had no family of his own) are brothers.
Luckily, Ms. M was able to slip away from the gang, and During his lifetime, A declared that C is not his son. Now that
immediately run homeward bound. Upon meeting her A is dead, can C inherit from B?
mother, Ms. M immediately uttered to her mother, "Mommy, a. Possibly no, because of the declaration of pedigree made
I was raped!" How would you describe the statement made by A.
by Ms. M? b. No, because of declaration against interest.
a. Extrajudicial confession c. Yes, if the law allows it.
b. Dying declaration d. Yes, because of the parts of the res gestae and dying
c. Parts of the res gestae declarations of A.
d. All of these
277. The reputation or tradition existing in a family previous
to the controversy, in respect to the pedigree of any one of its

members, may be received in evidence if the witness testifying
thereon is also a member of the family, either by 284. The Accused in criminal proceedings has in his favour the
consanguinity, affinity, or adoption. Entries in family bibles or rule that criminal law should be construed liberally in his favor
other family books or charts, engraving on rings, family because ______.
portraits and the like, may be received as evidence of A. Of the requirement of observance of due process
pedigree. This is B. The prosecution has the burden of proof
a. declaration against interest C. The police is presumed to perform their duty with regularly
b. family reputation or tradition regarding pedigree D. The accused is presumed innocent until proven guilt
c. common reputation
d. learned treatises 285. After the decision was rendered by the trial court, the
accused found new evidence. What remedy should do based
278. Which of the following statements refer to “Corpus on the new evidence?
Delicti” A. File a motion for
I – Corpus delicti is the body or substance of the crime. YES B. File a motion for new trial
II – Corpus delicti is the fact that crime has actually been C. File a notice to appeal
D. File a petition for certiorari
committed. YES
III – Corpus delicti is the body of the person who is a victim
286. The declaration of an accused acknowledging his guilt of
of the homicide or murder. NO
the offense charged, or of any offense necessarily included
A. II,III
therein is ______.
B. I,II
A. Liability
C. I, III
B. Confession.
D. I,II,III
C. Admission
D. Responsibility
279. What is the crime committed if the offender killed a
person whose age is LESS THAN 12 years of age? 287. Gen. Borja, a public officer, entered the house of Don
A. Homicide, In the absence if any qualifying Circumstance Emilio through a wide-open door The latter saw the former
under article 248. but he disregarded him because Don Emilio is busy watching
B. Murder, If not attender by circumstances under article 246. “Ang Probinsyano”. Is Gen. Borja criminally liable?
C. Murder, even if the offender is any of the parent. a. He is not criminally liable
D. Parricide, regardless of relationship by consanguinity b. He is criminally liable for Violation of Domicile due to the
absence of consent
280. Leo surreptitiously went into the premises of Levin. Not c. He is criminally liable for Trespass to Dwelling
knowing that Levin was inside the house, he burned the house d. He is criminally liable for Violation of Domicile even with the
that resulted also to the death of Levin. Leo is liable of what owner`s consent
crime?
a. Arson 288. The constitutional limitation of ex post facto law in the
b. Murder enactment of criminal laws simply means that our criminal law
c. Homicide shall be applied ______.
d. Arson with Murder A. Retroactively
B. In favor of the accused
281. Senators Pacman and Migz would like to enact a law that C. Prospectively
will protect the welfare of the athletes in the country. What D. Against the State
kind of law is that?
a. Civil 289. Preliminary investigation is a matter of right when the
b. Common penalty for the crime committed is _____.
c. Criminal A. Not exceeding six years of imprisonment
d. Statutory B. Imprisonment of at least 4 years, 2 months, and 1 day
regardless of fine
282. The person is suspected of committing a crime which is C. Imprisonment is 4 years, 2 months and 1 day regardless of
punishable by imprisonment of at least 4 years, 2 months and fine
1 day. The person was not subject to warrantless arrest. How D. Less than 4 years of imprisonment
will you proceed with the case?
A. Report the matter to my superior and let them decide what 290. Police officer JAKE arrested ACE without legal ground
to do with the situation. and without a warrant JAKE committed the crime of ______.
B. Exert effort to arrest a person even without a warrant for A. Violation of domicile
the commission of a crimes B. Illegal arrest
C. File a direct complaint with the prosecutor’s office for C. Arbitrary detention
inquest proceedings. D. Unlawful arrest
D. File a direct complaint with prosecutor’s office for
preliminary investigation 291. The crime committed is punishable by imprisonment of
at least 4 years, 2 months and 1 day. The crime was
283. The PHASE in the commission of the crime when the committed in Metro Manila or Chartered Cities. Where the
person is from the point of beginning or within the point where complaint should be filed in order to initiate the criminal
he can still decide to desist or continue the commission of the action?
crime is the phase. A. To file the complaint directly with Municipal Trial Court.
A. Objective B. At the police station for warrantless arrest and inquest
B. Internal proceedings
C. Subjective C. At the prosecutor’s office for the conduct of preliminary
D. External investigation

D. To file the information directly with the Regional Trial Court negligence resulting in slight physical injuries, and was
immediately convicted. If Ivler would be set for arraignment
292. Lolo killed 11 years old illegitimate granddaughter, Apo. for the resulting death of Mr. Cruz, what should Ivler do?
What crime did Lolo commit? a. He may file an appeal
a. Homicide b. He may file a motion for reconsideration
b. Infanticide c. He may file a motion to quash
c. Murder d. He may file a petition for certiorari
d. Parricide
293. What is this rule in evidence which states that when the 300. In order that the person accused of a crime should be
terms of an agreement have been reduced to writing It bound to accusation against him, what should the police
considered as containing all the terms agreed upon and there officer do?
can be between the parties and their successors in interest no A. Wait for the issuance of the warrant arrest
evidence of the written agreement? B. Let the court proceedings take its course and allow the
A. Secondary Evidence issuance of warrant
B. Original Document rule C. Arrest the person accused of a crime even without a
C. Exclusionary rule warrant
D. Parol Evidence rule D. Do the arrest only when requested by the offended party
294. The form of evidence that is subject to the senses of the 301. Venue in criminal cases refers to the place _______.
Court _______ evidence. A. Of trial where the parties agree
A. Physical B. Where the trial court designates
B. Object C. That acquired jurisdiction over the case
C. Real D. Where the crime was committed Criminal cases
D. All of these
302. Alden and Yaya Dub are husband and wife. Yaya Dub
295. The crime committed is punishable by imprisonment of had a sexual intercourse with Joaquin in their conjugal home.
4 years, 2 months and less. The crime was committed in the Is there a need for the prosecutor to conduct preliminary
province. Where the complaint should be filled in order to investigation?
initiate the original action? a. Yes because the penalty for Adultery is at least 4 years 2
A. May file the complaint directly with the Municipal Trial Court months and 1 day
B. At the police station for warrantless arrest and inquest b. No because the penalty for Adultery is lower than 4 years
proceedings 2 months and 1 day
C. May file the information directly with the Regional Trial c. Yes because the penalty for Concubinage is at least 4 years
Court 2 months and 1 day
D. At the Prosecutor’s Office for the conduct of preliminary d. No because the penalty for Concubinage is lower than 4
investigation years 2 months and 1 day
296. Which of the following circumstances makes the 303. Our criminal law may be applied extraterritorially which
evidence incompetent? simply means that ______.
A. Evidence obtained in accordance with the constitution A. Our criminal law may be enforced by another sovereign
B. Evidence obtained through third degree method of country
investigation B. Our criminal law may be applicable even outside of our
C. Evidence obtained in accordance with law or statute territory
D. Evidence obtained accordance with the rules C. Foreigners here in our country may be charge for violation
of our criminal law
297. A person who is lawfully arrested may be searched for D. Those accused of crime may be arrested even outside of
anything ______. our territory
A. That the police at its discretion is deemed to be proper
B. Even if not concerned to the commission or an offense. 304. The extra-judicial confession of an accused is sufficient
C. Which may have been used or constitute proof in the for conviction ______.
commission of an offense A. Provided that it is freely, intelligently and voluntarily given
D. That may be ordered by the court at its discretion B. When it is corroborated by evidence of corpus delicti.
C. Even if it is not corroborated by evidence of corpus delicti
298. Joaquin and Yaya Dub were lovers. When Yaya Dub D. Whether or not corroborated by evidence of corpus delicti
decided to break up with Joaquin, he detained her in his
house. Is Joaquin criminally liable? 305. Which among the following is NOT considered as
a. He is not criminally liable authorized person to file the complaint before the Municipal
b. He is criminally liable for Slight Illegal Detention Trial Court?
c. He is criminally liable for Arbitrary Detention A. Any peace officer
d. He is criminally liable for Serious Illegal Detention B. Any law enforcement officer authorized by law
C. The offended party
299. Jason Ivler drove his car in a secondary road with a D. The witnesses to the crime committed
speed of 60 kilometer per hour (kph), which damaged the car
of spouses Cruz, injured Mrs. Cruz, which required medical 306. Which of the following is NOT hearsay?
attendance for 3 days, and killed Mr. Cruz. During A. The testimony of a witness concerning the letter he
arraignment, Ivler`s lawyer moved that his client be allowed received from somebody
to make his plea one at a time, starting from the lightest B. The information received by a police officer from the
charge, which the court, after asking the permission of the neighborhood regarding the existence drug dens in the area
complainant, granted it. Ivler pleaded guilty for simple

C. The affidavit of a witness who was not presented to the d. No because Methamphetamine Hydrochloride is not
witness stand for cross examination specifically stated in the search warrant
D. The statement given by the informant to the police officer
314. What is this right that the accused may invoke during
307. Ped Xing is a Chinese citizen who killed a Filipino on trial to avoid statement against himself
board a Philippine commercial vessel on the high seas. Based A. Right not to be witness for his behalf
on the given situation. Based on territoriality principle, B. Right against self-incrimination
Philippine criminal law is _______. C. Right to assistance of counsel.
A. Not applicable because the crime was committed outside D. Right to remain silent
of the Philippine territory
B. Not applicable because the offender is not a Filipino 315. The power or authority to hear and decide a case is
C. Applicable in this situation although the crime was ______.
committed on the high seas A. Judicial
D. Applicable even if the crime was committed by a Chinese B. Jurisdiction
C. Venue
308. The act or omission of a person who after hearing or D. Mandate
seeing something that requires him/her to do comment if it is
not true and was given the opportunity is ______. 316. Dingdong and Marian are husband and wife. Dingdong
A. Admission contracted a subsequent marriage with Angel before his
B. Admission against interest former marriage was legally dissolved. Dingdong was charged
C. Confession with Bigamy. The lawyer of Marian showed before the court a
D. Admission by silence copy of her marriage certificate to prove its existence. Such
evidence is considered as…
309. Which of the following situations is NOT valid search a. original document
without warrant? b. Corroborative
A. Search in plain view c. Documentary
B. Search incidental to stop and frisk d. Object
C. Search at the discretion of a police officer
D. Search incidental to lawful arrest 317. In the above scenario, if the lawyer of Marian showed
before the court a copy of her marriage certificate to prove its
310. HARDEN after trial was found guilty of a despicable act. content that Dingdong and Marian were legally married. Such
However, the court found out that there is no law punishing evidence is considered as…
the said act. May the court punish HARDEN of any penalty a. Best
which is deemed appropriate? b. Corroborative
A. Yes, the act committed is despicable that it should be c. Documentary
punished. d. Object
B. No, the law cannot punish because the court does not know
the applicable law 318. In the same scenario, If Dingdong filed a petition for
C. No, the law cannot punish an act if at the time it was declaration of nullity of his previous marriage with Marian on
committed the same is not yet punishable the ground that both of them were minors when they got
D. All of the above married, Dingdong should prove his claim through..
a. Clear and convincing evidence
311. An act or omission punishable by the Revised Penal Code b. Preponderance of evidence
is _______. c. Proof beyond reasonable doubt
A. Act or commission d. Substantial evidence
B. Offense
C. Felony RPC 319. The venue to hear criminal cases may be changed when
D. Crime the _______.
A. Prosecution and the accused agree
312. When the search and seizure conducted by the police is B. Complainant opted to change it
based on a search warrant this presupposes that the search C. Trial court so ordered
and seizure _______. D. Supreme Court so ordered
A. May be questionable
B. Is without probable cause 320. When a Filipino kills a Chinese on board a vessel bearing
C. Violates the right of the person to privacy the flag of Mexico while the vessel is in Philippine waters, may
D. Is with legal ground the criminal law of the Philippines apply?
A. Yes, the Philippine criminal law is applicable *English Rule
313. Gen. Borja, a public officer, and armed with a search B. Yes, since the offender is a Filipino
warrant, entered the house of Don Emilio. The search warrant C. No, it is the Mexican criminal law that applies
describes the subject of it as Heavy Machine Guns. Upon D. No, the Philippine criminal law is not applicable
searching Don Emilio`s house, Gen. Borja found
Methamphetamine Hydrochloride, May Gen. Borja seize the 321. The crime of concubinage is committed by a man who
Methamphetamine Hydrochloride? is_________.
a. Yes because Methamphetamine Hydrochloride is illegal per a. married and keeps a woman as a mistress in some other
se, which was searched in plain view place as his wife.
b. No because Methamphetamine Hydrochloride is not illegal b. married and had sexual intercourse with a woman who is
per se NOT his wife
c. Yes because Methamphetamine Hydrochloride is related the c. married and had sexual intercourse with a woman privately
principal accusation of arms smuggling at least once somewhere in a motel

d. married and had sexual intercourse with a woman who is d. Documentary evidence
married.
330. The person arrested without a warrant for the crime the
322. A person asked you for advice on how to file a case of penalty of which is imprisonment of at least 4 years, 2 months
concubinage against her husband. Which of the following is and 1 day. He asked for preliminary investigation. What is
allowed by the Rules in order to initiate the filing of a required of the person arrested in order that preliminary
concubinage case? investigation. Maybe conducted?
a. The case of concubinage can be initiated even without the A. He should as for the presence of a counsel while being
complaint of the offended spouse detained
b. The case of concubinage can only be initiated by the B. He should ask for his right to remain silent in the course of
complaint of the offended spouse the preliminary investigation
c. The case of concubinage is a public offense, it can be C. He should ask his right to be informed of the nature of the
initiated by the police cause and accusation against his.
d. None of these D. He should waive his rights under Article 125 of the Revised
Penal Code
323. Which of the following public officers cannot be liable for
the crime of arbitrary detention?
a. Agent of a person in authority
b. Chief Finance Officer of the City 331. When a case is filed in this court, bail becomes a matter
c. A person in authority of right before or after conviction, which court is it?
d. Jail Officers A. Regional Trial Court
B. Municipal/Metropolitan Trial Court
324. The accused with lewd design brought the woman who C. Court of Appeals
is a minor a secluded place but with the consent of the latter. D. Sandiganbayan
The accused is liable for the crime of ______.
A. Simple seduction 332. ACE is a police officer. He arrested JAKE without a
B. Forcible abduction warrant for a crime which is considered as less grave offense.
C. Qualified abduction For ACE to be NOT liable for the crime of arbitrary detention,
D. Consented abduction he must deliver JAKE to proper judicial authorities within
______ from the time of the arrest
325. Rebellion and coup d’ etat when committed by military A. 12 hours
personnel will subject them to court martial proceedings. B. 18 hours
What is the NATURE of court martial proceedings? C. 36 hours
A. Civil D. 32 hours
B. Administrative
C. Sui generis 333. The defense shall offer the testimony of its witness
D. Criminal during the time ________________.
a. As ordered by the court to offer the testimony
326. The process required to determine probable cause based b. The defense witness is called to testify
on direct filling of complaint so that the information may be c. the exhibits are identified and marked
filled in court is ________. d. the exhibits are formally offered
A. Ex-parte examination of the complaint
B. Preliminary investigation 334. The crime committed when a person killed his/her
C. Inquest proceedings illegitimate daughter who is a minor under the circumstances
D. Judicial determination of probable cause provided by article 247 is _______.
A. Infanticide
327. During arraignment, the accused is required to enter his B. Murder
plea. So that the accused may be intelligently understands the C. Homicide
consequences of his plea, what is the mandatory requirement D. Parricide
in entering plea?
A. The accused should be assisted his witnesses 335. The constitutional limitation of bill of attainder in the
B. The accused should be assisted by the court of competent enactment of criminal laws simply means that our criminal law
jurisdiction shall ______.
C. The prosecution should offer lower and irresistible offer A. Decrease the imposed penalty to favor the accused
D. The accused should be assisted by competent and B. Imposed the penalty even without hearing and trial
independent counsel. C. Applied the penalty only sparingly in favor of the state
D. Impose the penalty only after due hearing and trial
328. When the accused interposes self-defense, what is
MODIFIED in the court proceedings in so far as the 336. The prosecution shall offer in evidence its documentary
presentation of the witness? evidence ______.
a. The order of presentation of evidence A. At any time the prosecution may deep proper at its
b. The burden of proof discretion to offer
c. The presumption of innocence B. After the presentation of testimonies of witnesses have
d. None of these been terminated
C. After the presentation of the witnesses of the defense are
329.The most reliable form of evidence in the hierarchy of terminated
evidence is _____________. D. All of the above
a. Testimonial evidence
b. Real evidence 337. The crime of adultery is committed by any married
c. Direct evidence woman who shall _____.

A. Have sexual intercourse with a man under scandalous 344. What is this STAGE in court proceedings where the
circumstances prosecution and accused may agree on matters what will
B. Enter into marriage with another man other that her promote a fair and expeditious trial of the case?
husband A. Trial proper
C. Have sexual intercourse with a man who is not her husband B. Preliminary investigation
D. Live in conjugal dwelling with a man who is not her C. Inquest proceedings
husband D. Pre- trial
338. Because the burden of proof rests with prosecution, the 345. For the attempted stage to exist, one of the requirements
duty to convict the person belongs to _______. is that there must be an “overt act” Overt acts in attempted
A. The strength of the prosecution’s evidence stage means _____________.
B. The courts discretion based on evidence a. A physical undertaking as can clearly be seen by police
C. The weakness of the accused’s evidence officers
D. All of these b. An outward manifestation that the person is about to
commit crime
339. A person is about to commit a crime in your presence. c. A physical act indicating the intention of the accused to
As a police officer, what would BE the appropriate course of commit a specific crime
action to do considering that the crime is yet to be d. An obvious physical activity directly observed by the police
consummated? of any possible crime
a. To identify the person and file a case for preliminary
investigation 346. The accused was convicted for an offense the penalty of
b. To detain the person while waiting for the issuance of the which is less than 6 years of imprisonment. He is qualified for
warrant probation. What advice will you give to the convict?
c. To wait for the crime to be consummated, before arresting a. That in case the penalty for the crime committed is more
the person than 6 years, and upon appeal was reduced to less than 6
d. To arrest the person even without a warrant of arrest years, he can still apply for probation.
b. That if he will apply for probation, he cannot anymore
340. LINO saw ACE with an angry expression on his face while appeal his case once his application for probation is denied
holding a firearm moving towards his direction. When ACE c. That if he files his appeal, he cannot anymore be allowed
was already near him, LINO picked up a 2x2 hard wood and to apply for probation in case his appeal is denied
hit ACE on both his arms, resulting injuries to the latter. It was d. All of these
revealed during the investigation that ACE is without bad
intention against LINO. LINO was charged for serious physical 347. The following are the sources of criminal law except?
injuries. This situation fits the principle of ______. A. Special laws
A. Mistake in identity B. Ordinances
B. Mistake in the blow C. Special penal laws
C. Mistake of fact D. Revised Penal Code
D. Ignorance of the law
348. The questioning initiated by law enforcement authorities
after a person is taken into custody or otherwise deprived of
freedom of action is ______.
341. Which of the following illustration BEST exemplifies the A. Illegal detention
concept of a special complex crime? B. Arbitrary detention
C. Custodial investigation
A. HARDEN wanted to kill CURRY, HARDEN set the house of D. Preliminary investigation
CURRY resulting to the death of CURRY
B. HARDEN steals the chicken of CURRY, then took the 349. The authority to enact national penal statutes is lodged
chicken of PAUL and that of DURANT in the ______.
C. HARDEN killed CURRY while robbing his jewelry A. Respective Sanggunian of LGUs
D. HARDEN wanted to kill CURRY B. Respective Mayors of LGUs
C. Congress of the Philippines
342. Exclusion of evidence simply means ______. D. Trial Courts in the Philippines
A. That evidence obtained unlawfully shall be excluded by the
court and not admitted 350. Suppose that DURANT has personal knowledge of the
B. That evidence which are testimonial but objectionable shall crime committed. However, DURANT has been previously
be excluded convicted for the crime of Robbery. Which of the following
C. That witnesses not subject for examination should be statements BEST describes the qualification of DURANT as a
excluded from the court witness?
D. none of these A. He is not competent to testify because of his previous
conviction
343. If ACE is a resident of Valenzuela City but he committed B. He is not qualified to testify because of his previous
the crime in Manila against JAKE who is a resident of Caloocan conviction
City, the case should be filed in ____________. C. He is qualified to testify subject to the approval of the court.
a. Caloocan City where JAKE is a resident D. He is qualified to testify despite his conviction of the crime
b. Manila, where the crime was committed of Robbery
c. Any prosecutor`s office in Metro Manila
d. Valenzuela City where ACE is a resident 351. Suppose DURANT is merely 6 years old which of the
following statements BEST describes the qualification of
DURANT as a witness?

A. He is qualified so long that he can express his thought D. Mitigating
before the court.
B. He is not qualified because a minor is susceptible of being 359. Suppose that HIPOLITO used the presence of 4 relatives
coached by lawyers to ensure that ERIKA cannot retaliate against HIPOLITO at the
C. He is not qualified because he is still a minor time he inflicted physical injuries against ERIKA, what is the
D. He is qualified because he can perceive and perceiving can applicable modifying circumstances?
convey his perception to another A. Exempting
B. Mitigating
352. Suppose that DURANT merely heard from KAI the C. Alternative
information that it was JAMES who killed JORDAN. Which of D. Aggravating
the statements below correctly describes the admissibility of
DURANT’s testimony 360. Suppose that ERIKA is a woman. HIPOLITO took
A. It is not admissible for being independent relevant advantage of his position as he is also a police officer so that
statement she was able to have carnal knowledge against the will of
B. It is admissible if it is supported by evidence of corpus ERIKA. What is the applicable modifying circumstance?
delicti A. Exempting
C. It is admissible if DURANT is qualifies as a witness B. Mitigating
D. It is not admissible for being hearsay evidence C. Aggravating
D. Alternative
353. Suppose that LEILA a very influential private individual
arranged with FRANKLIN and JONEL (jailers) the escape of 361. Suppose despite due diligence, and without intention to
PETER in exchange for certain consideration. PETER indeed commit a crime, and without fault, the act of HIPOLITO
escaped. Which of the following crimes may be committed by resulted to physical injuries against the person of ERIKA, what
FRANKLIN and JONEL? is the applicable modifying circumstances in this case?
A. Direct bribery resulting in evasion of service sentence A. Aggravating
B. Direct bribery and infidelity in the custody of the prisoner B. Alternative
C. Conspiracy to the crime of evasion of service of sentence C. Exempting
D. Infidelity in the custody of prisoner through negligence D. Mitigating
354. Suppose that PETER escaped from PAKULO through his 362. Berto with evident premeditation and treachery killed his
own efforts without giving any consideration to FRANKLIN and father. What was the crime committed?
JONEL. Did PETER commit any crime? a. Murder
A. No not yet for the crime of delivery of prisoner from jail b. Parricide
B. No he did not commit any crime under the RPC c. Homicide
C. Yes, for the crime of delivery of prisoner from jail d. Qualified Homicide
D. Yes, for the crime of evasion of service of sentence
363. Charlie and Lea had been married for more than 6
355. What is the effect of Hipolito’s remaining silent while months. They live together with the children of Lea from her
being interviewed by the police in connection with the crime first husband. Charlie had sexual relation with Jane, the 14-
committed? yearold daughter of Lea. Jane loves Charlie very much. What
A. Hipolito should answer after all evidence he gave will be was the crime committed by Charlie?
inadmissible a. Simple Seduction
B. Hipolito is within his constitutional right to remain silent b. Qualified Seduction
C. Hipolito may still answer even when there is a counsel c. Consented Abduction
provide from him d. Rape
D. Hipolito’s silence is deemed admission of guilt
364. Prof. Jose gave a failing grade to one of his students,
356. When should the Hipolito be informed of Miranda rights? Lito. When the two met the following day, Lito slapped Prof.
A. Before he is put into custody Jose on the face. What was the crime committed by Lito?
B. After he was asked any question related to crime he was a. Corruption of Public Officials
arrested for. b. Direct Assault
C. Immediately after he is arrested c. Slight Physical Injuries
D. When he is already assisted by a counsel of his choice or d. Grave Coercion
as provided for
365. A warrant of arrest for Kidnapping and Serious Illegal
357. Jurisprudence declares that the suspect may waive his Detention was issued against Tano for kidnapping the Mayor.
right to remain silent under the following, EXCEPT it must be When Patrolman Kirby tried to arrest him, Tano gave him
_________. 100,000 pesos to set him free. Patrolman Kirby refrained in
A. In the presence of counsel arresting Tano. What was the crime committed by Patrolman
B. In writing Kirby?
C. Before the prosecutor’s office a. Indirect Bribery
D. After the Miranda rights was given to him b. Direct Bribery
c. Corruption of Public Officials
358. Suppose that HIPOLITO in the commission of the crime d. Qualified Bribery
of murder against ERIKA ensured that ERIKA cannot retaliate
or cause harm against the former, what is the applicable 366. Which of the following is an exception to the hearsay rule
modifying circumstances made under the consciousness of an impending death?
A. Exempting a. Parol Evidence
B. Aggravating b. Ante mortem statement
C. Alternative c. Suicide note

d. Declaration against interest attempt to make a second attack decided to turn her back
leaving Sara. What crime was committed by Lenie?
367. A kind of evidence which cannot be rebutted or a. Attempted murder
overcome. b. Consummated murder
a. Primary c. Frustrated murder
b. Best d. Serious physical injury
c. Secondary
d. Conclusive 376. Duque, Liao and Du30 conspired to rob BDO in their
secret safe house. While they are planning how to commit the
368. These questions suggest to the witness the answers to crime, operatives of the NBI barged in and arrested the group.
which an examining party requires. What crime was commited by them?
a. leading a. No crime was committed
b. misleading b. Under the facts no crime was committed as mere
c. stupid conspiracy to commit a crime is not punishable.
d. hearsay c. Attempted robbery
d. Frustrated robbery
369. Which of the following is not a person in authority?
a. Municipal mayor 377. A big fire razed a row of houses in a thickly populated
b. Private School Teacher neighborhood. To prevent the spread of fire, some of the
c. Police Officer residents demolished several houses. These persons are:
d. Municipal Councilor a. Civilly liable but not criminally liable
b. Criminally and civilly liable
370. Crimes that have three stages of execution. c. Civilly and criminally not liable
a. Material d. Criminally liable but not civilly liable
b. Formal
c. Seasonal
d. Continuing 378. To constitute as a crime of Kidnapping and Serious legal
Detention, one of the elements is that the offender must
kidnap or detain the offended person for ___
A. 3 days or less
371. Pedro, a 19 year old man had sexual intercourse with her B. 3 days
11 year old girlfriend without threat, force or intimidation. C. at least 3 days
What was the crime committed? D. more than 3 days
a. Child rape
b. Qualified Rape 379. A wanted to sing the song "My Way in a Karaoke Bar. He
c. Statutory Rape was prevented by B. Which of the following act of B may
d. None of the above constitute as a crime of Grave Coercion?
A. B preventing A to sing by means of threats or intimidation
372. Habitual delinquency is limited only to the following six B. None of these
(6) felonies: C. B preventing A to sing by means of force upon things.
a. Robbery, Estafa, Malversation, Theft, Serious physical D. B preventing A to sing by means threats of filing a criminal
injury and less serious physical injury. case against A
b. Serious physical injury, Less serious physical injury, Estafa,
Robbery, Falsification and theft 380. A, B, and C with intimidation took the cellphone of PSSG
c. Falisification, Physical injury, Theft, Estafa, Robbery and D. The latter responded and exchanged gunfire with A, B, and
malicious mischief. C. Unfortunately, PSSG D was hit and killed by B resulting to
d. Treason, Espionage, piracy, Mutiny, Flight to enemy the death of the latter. What is the crime committed by A and
country and violation of neutrality. C. If any?
A. robbery with reckless imprudence resulting to homicide
373. Roque with intent to kill aimed his gun at Panelo. Roque B. robbery with homicide
did not know that the gun was empty. As a result, when he C robbery and homicide
pressed the trigger, it did not fire. What crime was committed D. robbery with reckless Imprudence resulting to murder
by Roque?
a. No crime 381. The requirement of violence against or intimidation of
b. Attempted felony person in the crime of robbery present
c. Impossible crime A. before and after the taking of personal property
d. Attempted Homicide B. before the taking of the personal property is complete
C. all of these
374. Mans Carpio with intent to kill his wife, went to a grocery D. after the taking of the personal property from the offended
and buy a rat killer and muriatic acid. As he was about to go person
home, police arrested him for attempted parricide. Is the
police right in arresting Mans Carpio? 382. A took the cellphone from M with intimidation A speed
a. Yes, for there is an act of execution away using his motor vehicle which run over D, the daughter
b. Yes, for there is a clear intention of A, resulting to the death of the latter What is the crime
c. No. because mere preparatory act is not punishable as a committed by A, If any?
general rule A. robbery with reckless Imprudence resulting to parricide
d. No, because there is no proof that he will use Dora rat killer B. robbery with parricide
C. robbery with reckless imprudence resulting to homicide
375. Lenie with intent to kill stabbed Sara from the back upon D. robbery with homicide
passing a dark alley inflicting a mortal wound. Lenie in an

383. The element of using force upon things in the crime of court denies the motion to discharge said accused which was
Robbery requires that? filed before the prosecution rests its case, his sworn statement
A. there must be breaking of things inside the house or shall be as _____.
building A. Admissible in evidence.
B. the offender must have entered the house or the building B. Inadmissible evidence.
C. All of this C. Admitted as material evidence.
D. the offender must not have entered the house or the D. Conditionally admitted as material evidence.
building
393. Our criminal law may be applied extraterritorially which
384. The act or omission punishable by the Revised Penal simply means that
Code is a ___? A. our criminal law may be applicable even outside of our
A. Crime territory
B. felony B. those accused of crime may be arrested even outside of
C. act or omission our territory
D. offense C. foreigners here in our country may be charge for violation
of our criminal law
385. Among the rights of the accused, which is not a D. our criminal law may be enforced by another sovereign
constitutional right? country
a. right to speedy trial
b. right to counsel 394. The trial shall commence:
c. right against self-incrimination A. Within 30 days from receipt of the pre-trial order.
d. right to appeal B. Within 45 days from receipt of the pre-trial order.
C. Within 20 days from receipt of the pre-trial order.
386. Which is the law enacted by Congress that imposes a D. Within 15 days from receipt of the pre-trial order.
penalty, other than the Revised Penal Code?
A. Statute 395. Which is NOT the qualification of the witness
B. Ordinances A. That the person can recollect such perception from memory
C. Special Penal Laws B. That he should not be convicted of a crime
D. Criminal Code C. That the person can perceive
D. That the person can store in his memory such perception
387. Which of the following is NOT a source of criminal law?
A. Ordinances 396. One reason for the re-opening of trial of a case.
B. Special Penal Laws A. The case is appealable
C. Revised Penal Code B. Newly discovered evidence
D. Resolution C. The appearance of an essential witness
D. To avoid miscarriage of justice upon motion and with
388. When the criminal law appears to be capable of being hearing
given to interpretations which seem to favor or against the
accused, such law shall ____. 397. After the prosecution rested its case, the accused filed a
A. be declared unconstitutional demurrer to evidence. Would double jeopardy be a valid
B. not be enforced against the accused. defense if he is charged again with the same offense against?
C. be interpreted in favor of the accused. A. Yes, because the dismissal is tantamount to acquittal.
D. be interpreted in favor of the police B. Yes, the case was not terminated on its own merits.
C. No, because the dismissal is with his consent or upon his
389. The following are elements of frustrated stage in the own motion.
commission of the crime, EXCEPT__. D. No, The case was not terminated on its merits hence double
A. the acts performed would produce the felony as a jeopardy is not a valid defense.
consequence
B. by reason of spontaneous desistance of the accused 398. Which is this acknowledgment of guilt by the person
C. the offender performs all acts of execution made before a police officer during the conduct of an official
D. but the felony is not produced Investigation?
A. extra judicial admission
390. When a court is satisfied, upon proof or oath, that a B. Judicial admission
material witness will not testify when required, it may upon C. Extra Judicial Confession
motion of either party order the witness to _____. D. Judicial Confession
A. To be excused.
B. To post bail. 399. The entire trial period should not exceed_____ from the
C. To be included in the information. first day of trial, except if authorized by special law or by the
D. To be arrested SC circulars.
A. 120 days
391. In this jurisdiction, when two or more accused are jointly B. 90 days
charged with any offense, they shall be tried jointly. Separate C. 180 days
trial is_____. D. 60 days
A. Within sound discretion of the court.
B. A constitutional requirement. 400. The accused may prove his good moral character which
C. Statutory requirement. is
D. Mandatory. A. of the knowledge of the court
B. pertinent to the moral trait involved in the offense charged
392. To be state witness, one of the accused must voluntarily C. of judicial knowledge
execute a sworn statement in support of his discharge. If the D. necessary to prove his innocence of the crime charge

D. Yes, because the killing happened within the Philippine
401. The following are the elements of dying declaration, waters or territory
EXCEPT the _____.
A declarant must eventually die 409. A suspension of arraignment for a period of _ is allowed
B. declaration is in connection with a starting occurrence or if there is a pending petition for review before the Department
equivocal actions of Justice.
C. declaration pertains to facts or circumstances surrounding a. 15 days
the declarant's death b. 60 days
D. the declarant is competent to testify c. 90 days
d. 120 days
402. A is merely 6 years old. Which of the following
statements BEST describes the qualification of A as a witness? 410. A killed B by also ensuring that B cannot retaliate or
A. He is qualified so long that he can express his thought cause harm against him. Which is the applicable modifying
before the court circumstance?
B. He is not qualified because a minor is susceptible of being A. Alternative
coached by lawyers B. Exempting
C. He is qualified because he can perceive and perceiving can C. Mitigating
convey his perception to another D. Aggravating
D. He is not qualified because he is still a minor
411. Cardo was charged with rape. What was proved was
403. What is this opinion of a witness on a matter requiring qualified seduction. Can Cardo be convicted of qualified
special knowledge, skill, experience training? seduction?
A. Opinion of specialists A. No, although qualified seduction is a lesser offense than
B. Opinion of the court rape, the elements of the two offenses are different.
C. Opinion of expert witness B. No, Cardo could not be convicted of qualified seduction but
D. Opinion of an ordinary witness will be convicted of rape.
C. Yes, Cardo can be convicted of qualified seduction because
404. Accused was charge for homicide. He interposes the it is a lesser offense than rape.
justifying circumstance of self defense. In such case, the D. Yes, Cardo can be convicted of qualified seduction because
burden of proof__. it was proved.
A shifts to the accused
B. upon the discretion of the court 412. What is this Justifying circumstance wherein the accused,
C. rests to whoever presents the evidence in making the defense, must not be induced by revenge or ill
D. still belongs to the prosecution motive?
A. Defense of stranger
405. The new and independent act which is the immediate B. Self defense of relative
cause of the injury and which breaks the connection between C. Defense of relative
the original wrong and the injury is referred to as the ____ D. Self defense of stranger
cause.
A. effective Intervening 413. Purisima is the chief of police in the town of Antipolo. His
B. efficient connecting son Marquez committed murder whom he helped in escaping
C. causal connecting by providing Marquez money and Car. Is liable as an?
D. efficient intervening A. Accessory because his public functions criminal
B. Accessory but exempted from liability by virtue of
406. A is charged of a crime in violation of RA 9262 relationship
(AntiViolence Against Women and Their Children). What is the C. Accomplice he abuses his public functions
nature of the crime committed by A? D. Accomplice but exempted from the criminal liability by
A Mala in se virtue of relationship
B. Revised Penal Code
C. Special Penal Law 414. In killing A, B used the presence of 4 of his relatives to
D. Mala prohibita ensure that A cannot retaliate against him. Which is the
applicable modifying circumstance?
407. What is this PHASE in the commission of the crime where A. Mitigating
person did not stop the commission of the crime because of B. Alterative
spontaneous desistance or because of the presence of the C. Exempting
police until he performs all the acts of execution but does not D. Aggravating
produce the felony?
A. Internal 415. When is the testimony of the witness being offered?
B. External A At the discretion of the counsel at any time of the
C. Objective proceedings
D. Subjective B. At the time the witness is called to testify
C. At the time the witness identifies the exhibits or evidence
408. When a Filipino killed a Chinese on board a vessel bearing D. After the presentation of the testimonies of the witness
the flag of Mexico while the vessel is in Philippine waters or
territory, may the criminal law of the Philippines apply? 416. The following are the instances in which the testimony
A. No, because the killing happened on board a Mexican of the witness may be impeached, EXCEPT by _________.
registered vessel. A. evidence that the general reputation of the witness for
B. Yes, because the offender is a Filipino citizen. truth, honesty or integrity is bad
C. No, because the offended party is a Chinese citizen. B. contradictory evidence

C. evidence that the witness has made at other times 425. Which is NOT damages that can be recovered in a
statements inconsistent with his present testimony criminal case?
D. evidence of the witness wrongful acts A temperate
B. exemplary
417. The obligation to present its witness first belong to the C actual
accused, if _______. D. social
A. the accused agrees to it.
B. None of these 426. Piracy under Article 122 of the Revised Penal Code, as
C. In case the accused invokes self-defense. may be distinguished from PD. 532, the latter may be
D. I upon the order of the court committed.
A in the high seas and Philippine waters
418. Which of the following is not a public document? B. within the Philippine waters
A. Documents acknowledged before a notary public C. both internal lands and waters
B. Notarized last wills and testaments D. anywhere in the Philippines
C. Public records, kept in the Philippines, of private documents
required by low 427. Who is the chairman of the Lupon Tagapamayapa in the
D. The written official acts, or records of the official acts of Barangay Level where there is a diversion program?
the sovereign authority A. Punong Barangay
B. BCPC Chairman
419. When is authentication of a private document which is C. LSWDO
offered in evidence NOT required? D. PNP member
I. When it is offered as an authentic document
428. This criminal justice model is based on the idea that the
II. When it is more than 30 years old, produced from a custody
most important function of the CJS is the protection of the
in which it would naturally be found if genuine, and is public and the repression of criminal conduct.
unblemished by any alteration or circumstance of suspicion a. Crime prevention
III. When it is less than 30 years old at the time of its b. Crime control
presentation c. Law and order
A. i , ii d. Due process
b. ii, iii
c. i 429. According to this criminal justice model, the rights of an
d. ii individual must be co-equal with the concern for public safety.
a. Crime prevention
420. The evidence of the same kind and tending to prove the b. crime control
c. Law and order
same facts is ___ evidence.
d. due process
A direct
b corroborative 430. This concerns to the obligations of the community to
C. cumulative individuals, and requires fair disbursement of common
D. relevant advantages (+) and sharing of common burden (-).
a. Prosecution
421. When the witness affirms that a fact did or did not exist b. justice
or occur, this is referred to as ____evidence c. equality
A presumptive d. trial
B. negative
C. positive 431. This function of the law enforcement is being done
D. conclusive through elimination of factors influencing the occurrence of
crimes, good community relations, educating the citizens
about their role, introduction of delinquency prevention
422. Which is NOT an absolute extinction of criminal liability?
programs, good parenting and others.
A Death
a. Maintenance of law and order
B. Full service of sentence b. Reduction of crime
C. Conditional Pardon c. crime prevention
D. Amnesty d. crime control
423. Which is the crime committed considered as GRAVE 432. This principal character of the criminal justice process
Felony? links all components of the CJS.
A. The crime committed has a penalty of imprisonment is at a. Offender
least 6 years and 1 day. b. Victim
B. The crime committed has a penalty of imprisonment of not c. witness
exceeding 30 days d. Crime
C. The crime committed has a penalty of imprisonment
433. The frontline defender of democracy in the CJS.
ranging from 30 days and 1 day to your
a. Prosecution
D. The penalty for the committed is imprisonment of reclusion
b. Correction
temporal c. Police
d. Court
424. One injury produced when a person is committing a
crime is ______ injury. 434. He is responsible in evaluating the evidence the police
A physical have gathered and deciding whether it is sufficient to warrant
B. state the filing of charge(s) against the alleged violator.
C. community a. Investigator
D. social b. judge
c. prosecutor

d. solicitor general 444. It is that degree of proof requires in criminal case which
would convince a reasonable mind based on moral certainty
435. He is an arbiter in court who ensues that the defense and but which nevertheless does not preclude the possibility of
the prosecution adhere to the legal requirements of error.
introducing evidences. a. Preponderance of evidence
b. Clear and convincing evidence
a. Clerk of court c. substantive evidence
b. Judge d. proof beyond reasonable doubt
c. sheriff
d. jury 445. A negotiation between the defense counsel and the
prosecutor, aimed at reaching an agreement whereby the
436. The pillar of the CJS which is not under the executive prosecutor uses discretion to obtain from the judge a lighter
branch of the government. sentence in exchange for the defendant’s entering a guilty
a. law enforcement plea.
b. court a. arraignment
c. prosecution b. preliminary investigation
d. correction c. pre-trial
d. plea bargaining
437. This is a governmental body that is charged with the
responsibility of administering justice. 446. The PNP is the law enforcement agency of the country
a. Law enforcement which is under the ________?
b. correction a. DOJ
c. Prosecution b. DILG
d. court c. NAPOLCOM
d. DSWD
438. Any person directly vested with jurisdiction (AOR),
whether as an individual or as a member of some court, 447. A person who is under custodial investigation is basically
Government Corporation, board or commission. protected by a number of rights mandated under the
a. Agent of person in authority constitution and this was even expounded in the legislative
b. Government employee act (made by congress – “RA” known as _______?
c. Government officer a. Miranda Doctrine
d. person in authority b. R.A. 7438
c. Bill of Rights
439. A pillar of CJS which occupies a unique position in the d. R.A. 6975
Philippine Criminal Justice System serving as the lawyer of the
State or government in criminal cases. 447. A body officially assembled under authority of law in
a. law enforcement which judicial power is vested or the administration of justice
b. court is delegated.
c. prosecution a. court
d. correction b. corrections
c. prosecution
d. law enforcement
440. This document is required by the Prosecutor’s Office
before it can entertain a complaint on a case covered by the 448. A body of civil authority tasked to maintain peace and
Barangay Court. order, enforce the law, protect life, liberty and property and
a. Certificate of Non-Settlement ensure public safety.
b. Certificate of Non-arbitration a. police
c. Certificate to file action b. prosecution
d. complaint affidavit c. court
d. corrections
441. It refers to the study of the various agency of our
government in charge of processing law violators to ensure 449. System of taking care of the custody, rehabilitation and
the protection of the society and maintenance of peace and treatment of persons convicted of committing crime.
order. a. police
a. Criminology b. prosecution
b. Criminal Justice c. court
c. Victimology d. corrections
d. Sociology
450. The “Anti-Graft and Corrupt Practices Act”.
442. Refers to the person who is being implicated to the a. R.A. 8294
commission of a crime and subject of an investigation. b. R.A. 7080
a. Convict c. R.A. 1379
b. respondent d. R.A. 3019
c. Accused
d. suspect 451. Exclusive original jurisdiction over all offenses punishable
with imprisonment not exceeding six years.
443. Is the machinery of the state which enforces the rules of a. Supreme Court
conduct necessary to protect life and property and to maintain c. RTC
peace and order? b. Court of Appeals
a. Criminal Justice System d. MTC
b. Criminology 452. It is otherwise known as the Department of the Interior
c. Criminal law and Local Government Act of 1990, enacted on December 13,
d. Criminal jurisprudence 1990. Established the PNP, BFP, BJMP and the PPSC.
a. R.A. 6975
b. P.D. 1184

c. R.A. 8551 a. preliminary investigation
d. R.A. 6040 b. Prejudicial question
c. inquest proceeding
453. Refers to that sector of society composed of NGO’s, d. custodial investigation
because oriented groups and advocacy groups that promote
the welfare of the people against all forms of abuse and 462. Preliminary investigation is conducted on cases
exploitation. punishable by:
a. crime control a. at least four (4) years, two (2) months and one (1) day.
b. political parties b. more than four years, two months and one day
c. civil society c. less than four years, two months and one day
d. volunteer d. six years, one day and above
454. It is the process of reducing if not eliminate the existence 463. It is the actual restraint of a person into custody of the
of a cause from initially occurring, thus, lessen the police work law in order for him to answer for the commission of an
as suppressing the spread of criminality. offense.
a. Crime Prevention a. Arrest
b. Crime control b. investigation
c. Criminal apprehension c. invitation
d. law enforcement d. seizure
455. Directly under the supervision of the Department of 464. It refers to the ways and means of trapping and
Justice, its most important function in the Criminal Justice capturing the law breakers in the execution of their criminal
System is to maintain and recognize the rule of law through plan.
the speedy delivery of services particularly in the prosecution a. Instigation
and investigation of all crimes. b. Entrapment
c. Investigation
a. National Prosecution Service d. Raid
b. PNP
c. Ombudsman 465. A pillar of our CJS which is not under or interdependent
d. Solicitor General from any branch of government.
a. prosecution
456. What do you call a court covering two (2) or more b. correction
municipalities? c. court
a. MTC d. community
b. MeTC
c. MCTC 466. During trial of a criminal case, it is the prosecutor who
d. MTC’s directs the prosecution of the offense and he/she did it on the
behalf of the state. Once a case is elevated to the higher court
457. What is that term which refers to the wise use of one’s such as Court of Appeals, who represents the State in the
own judgment in a given situation without referring to your prosecution of the offense?
superior due to the eminence of the situation? a. Chief State Prosecutor
a. Police resourcefulness b. Solicitor General
b. Police discretion c. National or provincial prosecutor
c. Police integrity d. Judge
d. police prudence
467. It refers to the questioning initiated by law enforcement
458. It refers to the art or science of identifying law violators, officer after a person has been taken into custody.
locating and tracing them in order to affect their arrest and a. custodial investigation
gather evidence to prove their guilt in court. b. interview
a. Crime prevention c. inquest
b. criminal investigation d. interrogation
c. Crime control
d. Intelligence work 468. In cases committed by Public officer with salary grade 27
and above in violation of Act 3019, R.A. 1379 or Art. 210 to
459. An attached agency of the Office of the President tasked 212 of the Revised Penal Code a complaint should first be filed
to implement and undertake drug law enforcement. to the office of _______ for the conduct of the required
a. Narcotics Command preliminary investigation.
b. AID-SOTF a. Ombudsman
c. PDEA b. Solicitor General
d. NBI c. Judge of MTC
d. Sandiganbayan
460. Sworn statement, subscribed by Offended party, any 469. In flagrante delicto means ______?
peace officer of public officer in charge of enforcement of the a. caught in the act
law violated filed either to the court or to the office of the b. caught after commission
prosecutor. c. instigation
a. Complaint d. entrapment
b. Information
c. Pleadings
d. Affidavit 470. Courts in the Philippines are cloth with the power or try
cases submitted to for adjudication. What term is use in
461. Is an inquiry or proceeding to determine whether there referring to the authority or power to hear and decided cases.
is sufficient ground to engender a well-founded belief that a a. Jurisdiction
crime has been committed and the respondent is probably b. Venue
guilty thereof, and should be held for trial (Probable cause). c. Jurisprudence

d. Territory 480. This attached agency of the DOJ is tasked to provide free
legal assistance to poor members of society:
471. It is the authority of the court to try/hear cases for the a. National Bureau of Investigation
first time to the exclusion of other courts. b. National Prosecution Service
a. original jurisdiction c. Board of Pardons and Parole
b. exclusive jurisdiction d. Public Attorney’s Office
c. appellate jurisdiction
d. concurrent jurisdiction 481. This is the power to apply the law to contests or disputes
concerning legally recognized rights or duties between the
472. It is the formal reading of the charges against a person state and private persons, or between individual litigants in
accused of a crime and latter asking him whether he pleads cases properly brought before the judicial tribunal.
guilty or not to the crime charged. a. Judicial Power
b. Judicial Review
a. arraignment c. Court
b. preliminary investigation d. Court of Justice
c. plea
d. promulgation of judgment 482. This is the process or method whereby accusations are
brought before the court of justice to determine the innocence
473. It is a body of men created to settle disputes within or guilt of the accused.
Barangay level. a. Prosecutor
a. barangay tanod b. Prosecution
b. pangkat tagapagkasundo c. Trial
c. barangay council d. Preliminary Investigation
d. lupon tagapamayapa
483. The settlement of a dispute by a person/s chosen to hear
474. It is the most common way by which the police discovers both sides and to come to a decision.
or it informed that a crime has been committed: a. Mediation
a. When the witness voluntarily reports the crime. b. Settlement
b. When the police discovers the crime c. Arbitration
c. When the victim reports the crime d. Agreement
d. When the suspect surrenders
484. One who prosecutes another for a crime in the name of
the government?
475. The Lupon Tagapamayapa shall be composed of the a. Public Prosecutor
Brgy. Chairman as Chairman of the Lupon and the Brgy. b. Private Prosecutor
Secretary as the Secretary of the Lupon and other members c. Prosecution
who shall be: d. Ombudsman
a. more than 10 but less than 20
b. not less than 10 but not more than 20 485. It refers to the “court of last resort”.
c. more than 10 a. RTC
d. less than 10 b. Sandiganbayan
c. Supreme Court
476. When arrest may be made? d. MTC total composition
a. At any time of the day and night
b. At day time 486. This court was created under RA 1125, as amended,
c. At night time which has exclusive appellate jurisdiction to review on appeal
d. from sun dust till dawn decisions of the Commissioner of the Internal Revenue
involving internal revenue taxes and decisions of the
Commissioner of Customs involving customs duties.
477. Under what circumstances arrest can be made even a. Court of Justice
without a warrant? b. Court of Appeals
a. All of the choices c. Sandiganbayan
b. When the crime was committed in the presence of the d. Court of Tax Appeals
arresting officer.
c. When the crime was in fact been committed and there is 487. This court has jurisdiction over crimes committed by
personal knowledge based on probable cause that the person high-ranking public officials (with salary grade of 27 above),
to be arrest has committed it. which can only be committed because of their position.
d. When the person to be arrested is an escapee a. Court of Justice
b. Court of Appeals
c. Sandiganbayan
478. It is a process directed to a person requiring him to d. Court of Tax Appeals
attend and to testify or to bring with him any books or
documents under his control at the trial of an action. 488. It a writ order of the court bearing its seal and the
a. subpoena signature of the judge directing the jail or prison authorities
b. subpoena ad testificandum to receive the convicted offender for service of sentence.
c. subpoena duces tecum a. Commitment Order
d. warrant of arrest b. Mittimus
c. warrant of arrest
479. The “anti-Plunder Act”. d. habeas corpus
a. R.A. 7080
b. R.A. 1379 489. Is that branch of the criminal justice system charged with
c. R.A 3019 the custody, supervision and rehabilitation of a convicted
d. R.A. 6713 offender.
a. Penology
b. Probation

c. Correction
d. Criminology 497. City and Municipal is the division of our correctional
institution which primarily in charge of those detention
490. Executive clemencies are acts of grace exercise by the prisoner, awaiting for final judgment of their trial and serving
president. Which of the following is not one of them? short sentences and under the Bureau of Jail Management
a. Pardon and Penology. While it is true that even the Provincials Jails
b. Amnesty like the City and Municipal Jails are under the DILG, it is
c. Commutation of Sentence subject to the control and supervision of the __________?
d. Parole a. Bureau of Jail Management and Penology
b. Department of Justice
491. Prison is a place for confinement of convicted prisoners. c. Bureau of Correction
What classification of prisoners is sentenced to serve a prison d. Provincial government
term of one day to three (3) years or whose fine is less than
6,000 but more than 200 or both? 498. This is the process wherein the inmate, after serving his
a. National prisoner sentence, is released to be able to mingle with the community.
b. City prisoner a. Reintegration
c. provincial prisoner b. Reincarnation
d. municipal prisoner c. Realization
d. Rehabilitation
492. Prisons are institution for confinement of convicted
offenders sentenced to more than three (3) years of
imprisonment. It is derived from the Greco-Roman word 499. It refers to the examination of an individual’s person,
_____? house, papers or effects, or other buildings and premises to
a. Presinto discover contraband or some evidence of guilt to be used in
b. Precindio the prosecution of a criminal action:
c. presidio a. Search
d. precinto b. seizure
c. Raid
493. There are how many members the composed the Lupon? d. entrapment
a. 3 members
b. 5 to 10 members 500. This court was established by virtue of PD 1083,
c. 10 to 20 members otherwise known as “Code of Muslim Personal Laws of the
d. 5 members Philippines”.
a. Court of Tax Appeals
493. It is granted to convicted offenders who have served a b. Shari’a Court
portion of their service granted by the Board of Pardons and c. Sandiganbayan
Parole.
a. Pardon d. Family Court
b. Probation
c. Amnesty
d. Parole 501. What is the antonyms of the word arrest?
A. Apprehend
493. It is a security facility, usually operated by the police B. Search
stations, for the temporary detention of persons held for C. Set free
investigation or awaiting preliminary investigation before the
prosecutor. D. Renounce
a. Lock-up jail
b. Ordinary jail 502. Refers to the counsel provided by the government to
c. workhouses assist destitute litigant?
d. prison Types of Jail a. Counsel de officio
b. counsel de parte
494. It is a form of motivation granted by the Director of c. Public Attorney’s Office
Prisons whereby a number of days are deducted from the d. volunteer counsel
length of years that a prisoner have been sentenced to serve
for his good conduct. 503. He represent the government’s position in a criminal case
a. Commutation of sentence during court proceedings from the time of the suspect’s arrest
b. Parole until the adjudication of his case.
c. GCTA a. Counsel de officio
d. reprieve b. counsel de parte
c. Public Attorney’s Office
495. Correctional institutions in the country is divided into d. prosecutor
National and Local institution. What Department of the
Executive Branch is the one in charge of the National 504. What is the highest rank in the national prosecution
Penitentiary - 7? service?
a. Bureau of Jail Management and Penology a. Prosecutor V
b. Department of Justice b. Prosecutor IV
c. Department of Interior and Local Government c. Prosecutor VI
d. Bureau of Correction d. Chief Prosecutor
496. It is the suffering that is inflicted by the state for the 505. The Office of the ____________represents the
transgression of the law. Government of the Philippines, its agencies and
a. penalty instrumentalities and its officials and agents in any litigation,
b. self-defense proceeding, investigation or matter requiring the services of
c. exemplarity lawyers
d. punishment a. Solicitor General

b. Public Attorney’s Office 514. It is disobedience to the court by acting in opposition to
c. Counsel de officio its authority, justice and dignity:
d. counsel de parte a. Disrespect of court
b. Ungratefulness to the court
506. An office which Investigate and prosecute on its own or
c. Contempt of court
on complaint by any person, any act or omission of any public
officer or employee, office or agency, when such act or d. Conduct unbecoming
omission appears to be illegal, unjust, improper or inefficient
a. Solicitor General Office 515. The effect of failure of the accused to quash a duplicitous
b. Public Attorney’s Office information, the court may
c. Ombudsman A. Acquit him as this is a violation of the rules on duplicity of
d. Sandiganbayan offenses
B. Convict the accused of as many offenses as are charged
507. An office which shall independently discharge its and proved there being a waiver therein
mandate to render, free of charge, legal representation, C. Impose on him the penalty of each offense, setting out
assistance, and counselling to indigent persons in criminal,
separately the findings of fact and law in each offense.
civil, labor, administrative and other quasi-judicial cases
D. B and C
a. Solicitor General Office
b. Public Attorney’s Office
c. Ombudsman 516. He is the 9th Secretary General of United Nations.
b. Sandiganbayan a. Antonio Gutierres
b. Peter Thompson
508. Is an inquiry or proceeding to determine whether there c. Ban-Ki-moon
is sufficient ground to engender a well-founded belief that a d. Boutros Boutros-Ghali
crime has been committed and the respondent is probably
guilty thereof and should be held for trial (probable cause) 517. The United Nations have how many member States?
a. custodial investigation a. 193
b. inquest proceeding b. 194
c. preliminary investigation c. 195
d. arraignment
d. 192
518. How may observer States are there in the United

509. Is an inquiry made by the duty prosecutor to determine Nations?
the legality of the arrest made especially those arrests made a. 2
without a warrant b. 3
a. custodial investigation c. 4
b. inquest proceeding d. 5
c. preliminary investigation
d. arraignment 519. _________ marks the anniversary of the entry into force
in 1945 of the UN Charter.
510. It is the power to apply the laws to contests or disputes a. October 24
concerning legally recognized rights or duties of and between
b. October 25
the state and the private persons or between individual
c. October 26
litigants in cases properly brought before the judicial tribunals.
a. court power d. October 27
b. legal power
c. judicial power 520. The headquarters of the United Nations is found in:
d. right power a. Berlin, Germany
b. Paris France
511. It has original exclusive jurisdiction over public officers c. New York City, USA
accused of committing crimes in relation to their official d. Geneva, Switzerland
functions and whose salary grade is 27 and above.
a. Solicitor General Office 521. The UN Declaration of Human Rights was proclaimed by
b. Public Attorney’s Office the UN General Assembly in Paris, France on:
c. Ombudsman a. December 10, 1945
d. Sandiganbayan
b. December 10, 1946
c. December 10, 1947
512. It is said that the home is the cradle of human
personality, for it where the child develops his fundamental d. December 10, 1948
attitudes and habits that last throughout his life
a. school 522. The UN Charter was ratified by the following:
b. community a. China, France, the Soviet Union, the United Kingdom and
c. barangay the United States
d. family b. China, Germany, the Soviet Union, the United Kingdom and
the United States
513. It refers the process whereby disputants are persuaded c. China, France, the Soviet Union, the United Arab Emirates
by the Punong Barangay or Pangkat to amicably settle their and the United States
disputes d. Japan, France, the Soviet Union, the United Kingdom and
a. agreement
the United States
b. conciliation
c. conference
523. There are how many main international human rights?
d. mediation
a. 5
b. 6
c. 7

d. 8
524. What are the three most important human rights?

a. right to life, the right to health and the right to freedom
from torture
b. right to life, the right to health and the right to freedom of
religion
c. right to life, the right to a fair trial and the right to freedom
from torture
d. right to life, the right to health and the right to vote
525. The following are the 3 stages of Human Rights except:

a. Idealization
b. Positivization
c. Realization
d. Cooperation
526. This law declared the effectivity of the creation of the

Commission on Human Rights on May 5, 1987.
a. E.O. No. 161
b. E.O. No. 162
c. E.O. No. 163
d. E.O. No. 164
527. He was the first chairman of the Presidential Committee

on Human Rights.
a. Jose W. Diokno
b. Jose B.L. Reyes
c. Haydee Yorac
d. William Claver
528. What particular provision of the Constitution which

mandates the creation of the Commission on Human Rights?
a. Art. XIII, Section 17
b. Art. VII, Section 17
c. Art. VII, Section 13
d. Art. XIII, Section 13
529. Who was the President of the Constitutional commission

which drafted the 1987 Constitution?
a. Cecilia Munoz Palma
b. Corazon Aquino
c. Haydee Yorac
d. Hilario Davide Jr.
530. Human rights cannot be just taken away from an

individual such as freedom from torture.
a. inherent
b. inalienable
c. interdependent
d. imprescriptible.

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CRIMINAL LAW AND JURISPRUDENCE

INTENSIVE FINAL COACHING

1. Which of these courts will have jurisdiction over a

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124. A punched B and B fell on the ground, meanwhile, by A. Attempted murder

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158. One night, Anne, a married young woman, was sleeping

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190. A physician, psychotherapist or person reasonably

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237. A was convicted by final judgment of theft. While he was

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518. How may observer States are there in the United

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524. What are the three most important human rights?

525. The following are the 3 stages of Human Rights except:

526. This law declared the effectivity of the creation of the

527. He was the first chairman of the Presidential Committee

528. What particular provision of the Constitution which

529. Who was the President of the Constitutional commission

530. Human rights cannot be just taken away from an

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