Professional Documents
Culture Documents
1 Criminal Jurisprudence and Procedure
1 Criminal Jurisprudence and Procedure
Pre-Board Examination
Set -3
Directions. Before answering this test check the number of pages and the number of questions of your
questionnaire, if it is complete then begin. If it is lacking call the attention of the proctor. Do not disturb
your fellow examinees by asking any questions, always direct your questions or clarification to the
proctor. Read each question carefully and select the best answer. Select the letter of your choice and
mark or shade the letter that corresponds to your answer on the answer sheet provided. Avoid any
erasures on your answer sheet.
2. It is the gathering, transmitting, or losing information respecting the national defense with intent or
reason to believe that the information is to be used to the injury of the Republic of the Philippines or to
the advantage of any foreign nation.
a. Rebellion b. Sedition c. Treason d. Espionage
3. It is robbery or forcible depredation on the high seas, without lawful authority and done with animo
furandi and in the spirit and intention of universal hostility.
a. Mutiny b. Robbery c. Piracy d. Treason
4. It is the unlawful resistance to a superior officer, or the raising of commotions and disturbances on
board a ship against the authority of its commander.
a. Mutiny b. Robbery c. Piracy d. Treason
5. When a public officer fails to deliver an arrested person to the proper judicial authorities within, 12,
18, and 36 hours he shall be liable for the crime of,
a. Arbitrary Detention b. Delay in the Delivery of detained persons to the proper judicial
authorities
c. Delaying Release d. Illegal Detention
6. When a public officer detains a person without legal grounds, for 15 days, he may be held liable for
a. Arbitrary Detention b. Delay in the Delivery of detained persons to the proper judicial
authorities
c. Delaying Release d. Illegal Detention
7. When a public officer delays the release of a detained person for more than 36 hours after the notice
of his has been ordered, he may be liable of
a. Arbitrary Detention b. Delay in the Delivery of detained persons to the proper judicial
authorities
c. Delaying Release d. Illegal Detention
8. When a public officer search papers or other effects not authorized by a judicial order, without the
consent of the owner, and when required to leave he refuses t do so, is liable of
a. Illegal Search b. Violation of Domicile c. Trespass to Dwelling d. Searching Domicile
without witness
9. When a private officer enters the property of another, without the consent of the owner, and when
required to leave he refuses t do so, is liable of
a. Illegal Search b. Violation of Domicile c. Trespass to Dwelling d. Searching Domicile
without witness
10. It is an order in writing issued in the name of the sovereign power, signed by the judge and directed
to a peace officer, commanding him to search the things described therein and bring it before the
court.
a. Warrant b. Search c. Illegal Search d. Search Warrant
11. When an officer secures a search warrant without just cause, he is liable of
a. Illegal Search b. Search Warrant Maliciously Obtained
c. Searching without witness d. Violation of R.A. 7438
12. A peaceful meeting was going on, M a private employee ordered his security guards to dissolve
such meeting, what crime is committed
a. Prohibition, interruption, and dissolution of peaceful meetings b. Disturbance of public order
c. Interruption of religious worship d. Offending religious feelings
13. A domestic servant steal an 18 karat gold necklace of Irene, her employer, what crime was
committed?
a. Theft b. Robbery c. Qualified Theft d. Qualified robbery
14. A catholic priest was having a Sunday mass in the church, while the mass was going on, the
barangay captain shouted and threaten the priest to stop the mass. What crime was committed.
a. Offending Religious feelings b. Interruption of Religious
worship
c. Prohibition, interruption, and dissolution of peaceful meeting d. Disturbance of Public
Order
15. The Iglesia ni Cristo held a meeting at a plaza authorized by a permit issued by the Mayor. In the
course of their meeting the minister attacked the Catholic and Aglipayan churches. The Chief of Police
order his men to stop the minister, but the minister refused, the chief of police fire 2 shoots in the air
which dispersed the crowed and stopped the meeting. What crime has been committed?
a. Offending Religious feelings b. Interruption of Religious
worship
c. Prohibition, interruption, and dissolution of peaceful meeting d. Disturbance of Public
Order
16. While the minister of Iglesia ni Cristo was preaching before a crowd, X throw a stone at the
minister, but was not hit. What crime was committed.
a. Offending Religious feelings b. Interruption of Religious worship
c. Attempted Slight Physical Injuries d. Attempted Physical Injuries
17. X was shouting before a crowd that the followers of the Roman Catholic church are followers of
satan, and their commander is the Pope. What crime is committed?
a. Offending Religious feelings b. Slander by Deed
c. Libel d. Disturbance of Public Order
18. The congregation of Jehova’s Witnesses was having their services at their church, while preparing
for the preacher to come out, W their song leader conducted a Christian song, and while they were
singing X past boyfriend who was drunk entered the church and grab X, as a result the religious
services was discontinued. What crime was committed?
a. Offending Religious feelings b. Slander by Deed
c. Unjust Vexation d. Disturbance of Public Order
19. It is a crime committed during the time of peace, it involves the taking up of arms, and falling under
the crime against public order.
a. Rebellion b. Sedition c. Coup d’etat d. Subversion
21. Who can be held liable for the crime of rebellion, insurrection and coup d’etat.
a. Leaders b. Participants c. Supporters d. Financiers e. All of the Above
22. It is an act of inciting others by means of speeches, writings, banners, and other mode to commit
rebellion against the government.
a. Sedition b. Inciting to Rebellion or Insurrection c. Coup d’etat d. Subversion
23. It is committed by persons who rise publicly and tumultuously in order to attain by force,
intimidation, or by other means outside the legal methods, such as preventing execution of law,
holding of elections, preventing the government to exercise its functions, is?
a. Sedition b. Inciting to Rebellion or Insurrection c. Coup d’etat d. Subversion
24. In a meeting X incited the crowd to commit the crime of treason, rebellion, insurrection, sedition,
assault upon persons in authority. X could be held liable for?
a. Illegal Assemblies b. Inciting to Rebellion or Insurrection c. Illegal Meeting d. Illegal
Association
25. An association whose purpose is to totally or partially commit crimes or actions contrary to morals.
a. Illegal Assemblies b. Illegal Organization c. Illegal Meeting d. Illegal Association
26. X preventing the conduct of election in some precincts by the use of force, without public
apprising.
a. Sedition b. Subversion c. Rebellion d. Direct Assault
27. X was arrested by P a police officer for violating the law, but X give a fist blow to the police officer
which was not hit due to its timely evasion, what crime has been committed?
a. Direct Assault b. Indirect Assault c. Resistance to agent of a person in authority d.
Attempted Injuries
28. H was arrested by three police officers, B the police officer who handcuff H was asking him
questions, H then give fist blow but it did not B, instead C another police officer was hit by the fist
blow. What crime was committed?
a. Direct Assault b. Indirect Assault c. Resistance to agent of a person in authority d.
Attempted Injuries.
29. D was arrested for possession of Shabu by officer P, but G the cousin of D pointed a gun at the
back of P. what crime was committed?
a. Direct Assault b. Indirect Assault c. Grave Threats d. Grave Coercion
30. A and B were having a fist fight, the wife of B called for police assistance, when the police arrived
he saw B getting up when the police was about to arrest A, A said don’t come near or I will kill you, but
the police was bothered by such threat, A then struck him with a knife but was not hit. What crime was
committed?
a. Direct Assault b. Attempted Physical Injuries c. Attempted Homicide d. Attempted Murder
31. Police officer P was effecting arrest on B a law violator, but instead B stab P, which was the cause
of his death. What crime was committed?
a. Direct Assault b. Direct Assault with homicide c. Homicide d. Murder
32. Barangay Captain B while making an inspection was mauled by some bystanders, C a concern
citizen help the barangay captain but was also mauled by the bystanders. What crime was committed
on the part of C?
a. Physical Injuries b. Direct Assault c. Indirect Assault d. Attempted Homicide
33. Any person who is charged with the maintenance of public order and the protection and security of
life and property, such as Police, Barangay Councilor, and other barangay leaders, are
a. Law Enforcers b. Natural Persons c. Agent to the Person in Authority d. Person in Authority
34. X wrote a letter to B, but instead of using the name of X he uses the name of C and forge the
signature of C. What crime has been committed?
a. Forgery b. Falsification c. Counterfeited d. None
35. A criminology student who was already on Police Internship wears a complete Police Uniform of
his father who is a policeman, and patrols the area. Did he commit any crime?
a. No, Crime has been committed b. Yes, Usurpation of Authority
c. Yes, Illegal use of uniform or insignia d. No, because it is allowed by the school
36. When a person gives false statement during the trial either during direct examination or cross
examination, Re-direct or Re-cross is liable of
a. Falsification b. False Statement c. False Testimony d. Perjury
37. When a witness signed a deposition under oath containing false statement, he could be liable of
a. Falsification b. False Statement c. False Testimony d. Perjury
38. Acts which are offensive to decency and good customs which, having been committed publicly,
have given rise to public scandal to persons who have accidentally witnessed.
a. Public Scandal b. Immorality c. Grave Scandal d. Violation of Law and customs
39. Any person having no apparent means of subsistence, who has the physical ability to work and
who neglect to apply himself or herself to some lawful calling.
a. Prostitute b. Vagrants c. Criminals d. Street Kids
40. It is the improper performance of some act which might lawfully be done.
a. Grave Scandal b. Misfeasance c. Malfeasance d. Nonfeasance
44. Any public officer who accepts gifts by reason of his office, could be guilty of
a. Corruption b. Direct Bribery c. Indirect Bribery d. Qualified Bribery
45. Any public officer entrusted with the enforcement of the law and he refrains from arresting or
prosecuting an offender who has committed a crime in consideration of any promise, offer, gift or
present could be liable of
a. Corruption b. Direct Bribery c. Indirect Bribery d. Qualified Bribery
46. Any public officer who by reason of the duties of his office, is accountable for public funds or
property, shall appropriate the same, or shall take or misappropriate or shall consent, or through
abandonment or negligence, shall permit any other person to take such public funds or property,
wholly or partially, could be liable of
a. Corruption b. Bribery c. Malversation of public funds d. Technical Malversation
47. A police officer when accounted of his firearms could not produce it, is liable of
a. Corruption b. Bribery c. Malversation of public funds d. Technical Malversation
48. A child not less than three days old was killed by his mother, she could be liable of
a. Abortion b. Infanticide c. Parricide d. Murder
49. X has two wives the first one was a common law wife and the second is a legal wife, X intentionally
killed his first wife. What crime is committed.
a. Murder b. Homicide c. Parricide d. Any of the above
50. An adopted son was killed by his father who adopted him. What crime is committed.
a. Murder b. Homicide c. Parricide d. Murder or Homicide
51. B stab A to death, but upon autopsy it was found out that it is the father of B. But, B is not aware
that the person he stab was his father considering that since birth he did not see his father. What crime
was committed?
a. Murder b. Homicide c. Parricide d. Murder or Homicide
52. A Muslim has three wives killed his third wife. What crime is committed?
a. Murder b. Homicide c. Parricide d. Murder or Homicide
53. H the husband of W were struggling for the possession of the gun with his children, without intent
to kill H pulled the trigger which was the cause of the death of his wife. What crime has been
committed?
a. Reckless imprudence resulting to Parricide b. Homicide c. Parricide d. Murder or
Homicide
54. W saw her husband having sexual intercourse with another woman, a result she killed both of them
while making love. What crime has been committed?
a. Double Homicide b. Double Murder
c. No felony was committed d. Parricide and Homicide
55. A girl whose age is 15 years old was caught by his father having sexual intercourse to his 24 years
old boyfriend, as a result the father kill both of them. What crime was committed?
a. Double Homicide b. Double Murder c. No felony was committed d. Parricide and
Homicide
56. H without intent to kill treacherously attack B which causes his death. H could be liable of
57. B burned the house of A as a means to kill A, as a result A was burned and died. What crime was
committed?
a. Murder b. Arson c. Arson with Murder d. Homicide with Arson
58. When A kill B without the presence of any qualifying circumstance A could be liable of
a. Murder b. Reckless Imprudence resulting to homicide c. Parricide d. Homicide
59. The Black Future gang and the No Future Gang, were having a gang war, as a result of their gang
war A died. What crime is committed?
a. Murder b. Homicide c. Reckless Imprudence d. Death caused in a tumultuous
affray
60. A pregnant woman tried to commit suicide by means of drinking a poisonous substance, as a
result she did not die, but instead the foetus inside her womb was aborted. What crime was
committed?
a. Abortion b. Unintentional Abortion c. No crime committed d. Infanticide
61. B was shot by A at a distance of 200 meters using his .45 caliber pistol, but B was not hit. What
crime was committed.
a. Attempted Murder b. Attempted Homicide c. Discharge of Firearm d. Illegal
Possession of firearm
62. It is the killing of a child whose age is not less than three days old.
a. Infanticide b. Parricide c. Murder d. Homicide
64. W a pregnant woman was ridding a motorcycle, and B accidentally bump the motorcycle which was
the cause of abortion of W. What crime was committed?
a. Intentional Abortion b. Unintentional Abortion c. No crime because it was accidental d.
Infanticide
65. H kill his pregnant wife which cause the abortion of the foetus. What crime is committed?
a. Abortion and Murder b. Parricide with Abortion c. Abortion d. Murder
66. It is the lopping or the clipping off of some part of the body.
a. Serious Physical Injuries b. Mutilation c. Administering injurious substance d. Less
serious injuries
68. W cut-off the sex organ of her husband due to extreme jealousy. What crime is committed?
a. Mutilation b. Serious Physical Injuries c. Attempted Parricide d. Attempted Murder
69. H stab the eye of his wife due to jealousy, which resulted to lost of her eye sight. What crime is
committed?
a. Mutilation b. Serious Physical Injuries c. Attempted Parricide d. Attempted Murder
70. While H and W were fighting W the wife of H, get a samurai and struck her husband with it as a
result the sex organ of H was cut-off. What crime is committed.
a. Mutilation b. Serious Physical Injuries c. Attempted Parricide d. Attempted Murder
71. How many days would the person be in capacitated from work, for it to fall under serious physical
injuries?
a. 30 days b. Not less than 60 days c. Not more than 90 days d. 120 days
72. X kick the balls of A which resulted to its impotency, but there was no open wound sustained. What
crime is committed?
a. Maltreatment b. Less Serious Physical Injuries c. Slight Physical Injuries d. Serious
Physical Injuries
73. If the injury sustained has incapacitated the person for 10 days or more, it is
a. Slight Physical Injuries b. Less Serious Physical Injuries c. Minor Injury d. Mild
Injury
74. A girl whose age is 15 years old was very much attracted to M who is already 24 years old, one day
M invited the girl to their rest house, so the girl went with him, and their M had sexual intercourse with
the girl. What crime was committed?
a. Rape b. Seduction c. Abduction d. Violation under R.A. 7610 because she is a minor
e. No crime
75. A boy and a girl both were 14 years old, was caught by the Police Officer having sexual intercourse
inside an abandon house? What crime is committed?
a. Rape b. Grave Scandal c. Abduction d. Violation under R.A. 7610 e. No crime
76. The boy was 19 years old and the girl was already 21 years old, the two were caught by the police
having sexual intercourse inside a native hut in a Park. What crime is committed?
a. Rape b. Grave Scandal c. Abduction d. Violation under R.A. 7610 e. No crime
77. Osang fall a sleep while hearing somebody entering their cottage thinking that it was her husband
she just don’t mind it, then she fells that her private parts were gently touched until she feels a sexual
contact, but she still continued to sleep, but, after the sexual contact the Osang heard a voice saying
salamat Osang. When she woke-up she found out that it was not her husband. What crime is
committed?
a. Rape b. Consented Rape c. No crime because there was no resistance offered d.
None of the above
78. Can a woman who was raped give Pardon to the accused who raped her?
a. No, because Pardon is executed only by the President of the Republic of the Philippines
b. Yes, because she is the offended party, she has the right whether to continue the case or not
c. No, because Pardon can only be given when there is conviction since there is no conviction,
no pardon
d. Yes, provided that the offender offers a valid marriage to the offended party and accepts it
79. When the father kidnapped his 6 years old son from her mother who has the legal custody of the
child, what crime is committed.
a. Kidnapping b. Kidnapping and failure to return a minor c. Inducing a minor to abandon his home
d. None
80. The police officers arrested X and detained him for five days, the arrest and the subsequent
detention is without legal grounds. What is crime is committed by the police officers?
a. Kidnapping b. Arbitrary Detention c. Illegal Detention d. Unlawful Arrest
81. X was kidnapped by A B and C because Y wants to kill him, after 5 days of detention Y arrived and
killed him. What crime is committed?
a. Kidnapping b. Murder c. Kidnapping with Murder d. Kidnapping with Homicide
82. X was kidnapped by A, B, and C and while X was detained he died due to torture. What crime is
committed?
a. Kidnapping b. Murder c. Kidnapping with Murder d. Kidnapping with Homicide
83. B was having a dispute with A as to who is the right owner of the land being cultivated by A, until it
resulted into a fist fight, and after beating A, B then tied him and brought him to the police station Is
their any crime committed by B?
a. No crime committed b. Unlawful Arrest c. Physical Injuries d. Abduction
84. B caught A stealing some chickens, B then arrested and tied him with rope, and brought A to the
police station. Is there any crime committed by B ?
a. No crime committed b. Unlawful Arrest c. Physical Injuries d. Abduction
85. The Yaya of B a six years old boy fail to return him to his parents. What crime has been committed?
a. Kidnapping b. Kidnapping and failure to return a minor c. Inducing as minor to abandon his
home d. No crime
86. Y a 24 years old house boy shared his experience in Manila to B and A both were 13 years old girls,
that Manila is a big and beautiful city buildings are high rise, malls and theaters are very big, and a lot
of movie star, he then induced the two to go with him in Manila and not to worry about the expenses
cause he will shoulder it including their board and logging. The two replyed yes we will go with you,
but we must first ask permission from our parents, Y said no need cause your parents will absolutely
not permit. Is there any crime committed by Y?
a. No crime committed b. Kidnapping c. Failure to return a minor d. Inducing a minor to
abandon his home
87.The father and mother of B a seven year old boy were separated legally and B is under the custody
of his mother, when the father visited his son B he told him to go with to United States of America and
see in person Spiderman and other superheroes cause they are living there, and leave his mother
alone here in the Philippines. Is there any crime committed by the father?
a. No crime committed b. Kidnapping c. Failure to return a minor d. Inducing a minor to abandon
his home
88. M kidnaps and detains W a minor for the purpose of enslaving W to work in her farm. What crime
has bee committed?
a. Kidnapping b. Failure to return a minor c. Slavery d. Exploitation of child labor
89. F the father of M a minor has a debt to D, since F cannot pay his debt to D, D then took M to work
with him for payment of the debt of his father. Is there any crime committed?
a. Kidnapping b. Failure to return a minor c. Slavery d. Exploitation of child labor
90. B saw the open door of the house of A, he then enter without any permission and was looking for
something. A then caught him. Is there any crime committed?
a. Trespassing b. Violation of Domicile c. Trespass to Dwelling d. Violation
of Privacy
91. B sent a letter to A stating that if A would not give him 1 million pesos he will kill C his son. What
crime is committed?
a. Kidnapping with Ransom b. Grave Coercion c. Grave Threats d. Attempted Murder
92. A threatens B that he would expose his illicit affair, if B does not give him 100,000 pesos. What
crime is committed?
a. Grave Threats b. Light threats c. Grave Coercion d. Robbery
93. B was very angry with A, and said to him I will kill you, but B did not perform what he said to A. Is
there any crime committed?
a. Grave Threats b. Light threats c. Grave Coercion d. No Crime committed
94. A was about to harvest his palay on a disputed piece of land which B claims to be the owner, by
means of violence prevent A from harvesting the palay. Is there any crime committed?
a. Grave Threats b. Physical Injuries c. Grave Coercion d. No Crime committed
95. D brought his vehicle to the shop of A for repair, but for more than a month A did not repair the
vehicle of D because according to A its beyond repair. One day D came to the shop of A carrying with
him a hand grenade and threatens A that he will throw the hand grenade in his shop if he will not
repair his vehicle. Is there any crime committed?
a. No crime b. Grave Threats c. Grave Coercion d. Illegal Position of Firearm
96. B saw W a very beautiful due to his admiration he kissed her in front of many people. Is there a
crime committed?
a. No crime b. Acts of Laciviousness c. Unjust Vexation d. Attempted Rape
97. It is the taking of property belonging to another with intent to gain by means of force upon things.
a. Theft b. Robbery c. Qualified theft d. Brigandage
98. A, B, C, and D were carrying firearms and waiting for anybody to pass by for the purpose of
robbing anybody in the highway or kidnapping person to obtain ransom or extort from any body. What
crime is committed?
a. Robbery b. Robbery in Band c. Brigandage d. Kidnapping
99. A together with three others was pointing a gun on the forehead of B intimidating him to execute a
deed of sale of his 10 hectares rice field to A in the amount of 1 peso. What crime is committed?
a. Robbery b. Robbery in Band c. Brigandage d. Grave Coercion
100. A,B,C, and D armed with pistols and bladed weapon break the wall of an inhabited house to rob
the material things of value. What crime is committed?
a. Robbery b. Robbery in Band c. Brigandage d. Trespassing
101. B an instructor in the college of criminology seduces his 17 year old student criminology student,
and in deed with consent of the woman B successfully had sexual intercourse with his student. Is their
any crime committed?
a. No crime b. Simple Seduction c. Qualified Seduction d. Rape