CRIMINOLOGISTS Licensure Examination

First Day - 7:30 a.m. – 11:00 a.m.

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CRIMINAL LAW AND JURISPRUDENCE SET A

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INSTRUCTION: Select the correct answer for each of the following
questions. Mark only one answer for each item by marking the box
corresponding to the letter of your choice on the answer sheet
provided. STRICTLY NO ERASURES ALLOWED. Use pencil no. 2 only.

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1. The two-witness rule in effecting a search warrant applies

only
A. in the absence of a valid warrant
B. in the absence of the lawful occupant
of the house
C. in the absence of the other witnesses
D. in the absence of the lawful occupant
of the house or any member of his family

2. The legal method prescribed by law for the apprehension and

prosecution of a person who committed an offense and his
punishment in case of conviction.
A. criminal procedure
B. criminal law
C. criminal jurisdiction
D. criminal investigation

3. The prosecution of criminal action either commenced by

complaint or by information shall be under the direction and
direct control of the
A. presiding judge
B. private prosecutor
C. public prosecutor
D. police investigator

4. At the arraignment, the accused may be allowed by the trial

court to plead guilty to a lesser offense which is necessarily
included in the offense charged with the prior express consent
of
A. the public prosecutor
B. the public prosecutor and the offended party
C. the offended party
D. the accused and his counsel

5. Under the law, an offense involving violation of RA 9165, is

within the exclusive jurisdiction of the-
A. Family Court
B. Drugs Court
C. Heinous Crime Court
D. Regional Trial Court

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6. The illegality of an arrest can be questioned by the person
arrested before the court-
A. at any time after posting bail but before entering a plea
B. at any time during the proceedings
C. at any time during the pre-trial conference
D. at any time but before posting bail only

7. The validity of a search warrant expires-

A. within 10 days from the date of issue
B. after 10 days from date of issue
C. after 10 days of receipt of the copy of warrant by the
police officer
D. after the lapse of the 10 day period to make report

8. An appeal shall be taken by the accused to the appropriate

court or tribunal in the manner prescribed by law and the
rules within-
A. 15 days from date of judgment
B. 15 days from date of judgment is recorded from the
criminal docket of the court
C. 15 days from the promulgation or notice of the judgment
D. 15 days receipt of a copy of judgment by accused

9. A competent court may validly exercise its criminal

jurisdiction over a particular case only if it has-
A. acquired jurisdiction over the subject matter
B. acquired jurisdiction over the territory where the
offense was committed
C. acquired jurisdiction over the person of the accused
D. all of these

10. The law known as the “Speedy Trial Act” is-

A. RA No 7659
B. RA No 7691
C. BP Blg 129
D. RA No 8493

11. The execution of warrant of arrest shall be made by the

police officer-
A. within 10 days from date of issue
B. within 10 days from receipt of the warrant
C. within 10 days from the lapse of the first 10 days
D. after the lapse of 10 days from date of issue

12. Which among the following is not covered by the rules

on summary procedure?
A. Violation of traffic laws
B. Violation of rental laws
C. Where the penalty does not exceed 6 months imprisonment
D. Where the penalty is more than 6 months imprisonment

13. Among the following, which has the most appropriate

power to issue a warrant of arrest?

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 A. Regional Trial Court
B. Office of the Ombudsman
C. Office of the President
D. Office of the Secretary of Justice

14. What law established the Katarungang Pambarangay?

A. RA 7691
B. RA 7438
C. BP 129
D. PD 1508

15. Among the following, what government agency has the

power to conduct preliminary investigation?
A. Fiscal
B. Office of National State Prosecutors
C. Judges of the MTC and MCTC
D. Office of the Solicitor General

16. The following are the subject matter of the pre-trial

except-
A. Date of trial
B. Number of witnesses to be presented
C. Evidences to be admitted/marked
D. Guilt of the accused

17. In a search warrant of violation of RA 9165, the

following may be seized except-
A. Shabu and its paraphernalias
B. Marijuana leaves and flowering tops
C. Unlicensed firearms
D. Money proceeds of the drug sale

18. What is the lifetime validity of a search warrant?

A. 10 days after its issuance
B. 10 days after application
C. 10 days after its execution
D. 10 days after its execution

19. The existence of a prejudicial question may cause the

suspension of the:
A. arraignment
B. judgment
C. trial
D. preliminary investigation

20. Under RA 7438, extra judicial confession of the accused

is valid if signature was made in the presence of counsel or:
A. Parents
B. elder brother or sister
C. spouse
D. all of the above

21. The law on evidence is derived from what book?

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 A. Revised Penal Code
B. Revised Administrative Code
C. Rules of Court of the Philippines
D. Civil Code of the Philippines

22. “Fruit of the poison tree” is a doctrine in evidence which

means that the evidence obtained is –
A. inadmissible
E. best evidence
F. included by law
G. corroborative

2. Evidence on this matter shall never be allowed except when

it tend to establish probability of the facts in issue –
A. collateral matter
B. criminal matter
C. direct matter
D. civil matter

3. In the hearing of quasi-judicial bodies, evidence needed

to establish a fact should be –
A. Substantial
B. Preponderance
C. Complete
D. Exhaustive

4. The foregoing cases shall only be prosecuted upon a

complaint by the offended party, his parents or
grandparents except-
A. rape
B. abduction
C. seduction
D. acts of lasciviousness

5. Evidence, if it has such a relation to the fact in issue

is considered -
A. Direct
B. Presumptive
C. Relevant
D. Indirect

6. The procedure in witness examination is:

A. Direct, cross, re-direct, re-cross examination
B. Direct, re-direct, cross, re-cross examination
C. Cross, direct, re-direct, re-cross examination
D. Cross, direct, re-cross, re-direct examination

7. What is known as the means of ascertaining in a judicial

preceding the truth regarding a matter of fact?
A. Evidence
B. Cross-examination
C. Investigation
D. Trial/hearing

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8. Evidence addressed to the senses of the court which maybe
viewed or exhibited are considered –
A. Testimonial Evidence
B. Object Evidence
C. Cumulative Evidence
D. Documentary Evidence

9. Under the rules on evidence, in ordinary course of

business, one being copied from the other at or near the
time of transaction is considered –
A. Original
B. Secondary evidence
C. Duplicate
D. Parole evidence

10. Which of the following includes still pictures, x-ray

films, video tape and motion picture –
A. Photograph
B. production design
C. film features
D. movie clips

11. What is the rule that states that no evidence shall be

admissible other than the original document?
A. Parole Evidence Rule
B. Documentary Evidence Rule
C. Best Evidence Rule
D. Rules on Original Document

12. Additional evidence of the same kind tending to prove the

same facts is known as –
A. Competent
B. Corroborative
C. Material
D. Cumulative

13. In trial of criminal cases, evidence needed to convict

should be guilt –
A. beyond reasonable doubt
B. by preponderance of evidence
C. by material and related evidence
D. by substantial and complete

14. Amendment without court permission may be allowed in the

following instances except-
A. Amendment as to form
B. Amendment that downgrades the nature of the offense
C. Amendment as to substance
D. Amendment that reflects typographical errors

15. Evidence which is sufficient to prove an issue unless

overcome or rebutted by other evidence is called –

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 A. Conclusive
B. Prima facie
C. Circumstantial
D. cumulative

16. Admission made by a party regarding another case not

subject of the trial is called –
A. out of court admission
B. judicial admission
C. extra-judicial admission
D. intra-judicial admission

17. What kind of evidence is given by a witness who states

that he does not know whether a fact did or did not occur?
A. Negative
B. Inference
C. Positive
D. Innocent

18. Court which exercises jurisdiction over cases involving

R.A 3019-
A. Supreme Court
B. Court of Appeals
C. Regional Trial Court
D. Sandiganbayan

19. Evidence which aside from being relevant affects the issue
in important and substantial matter.
A. Material
B. Corroborative
C. Substantial
D. Relevant

20. Evidence given by oral statement of a witness is known as-

A. Direct
B. Testimonial
C. Vocal
D. Corroborative

21. Evidence which is allowed to be introduced since it is not

excluded by the rule or law is considered as -
A. Direct
B. Cumulative
C. Competent
D. Corroborative

22. What is the kind of evidence that is given by a person of

specialized knowledge?
A. Best
B. Secondary
C. Testimonial
D. Expert

23. Evidence which cannot be overcome or rebutted is known as

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 B. Prima facie
C. Direct
D. Conclusive
E. Positive

2. What term is used to describe the appreciation given by

the court without introduction of evidence?
A. Judicial concern
B. Judicial nature
C. Judicial recognition
D. Judicial admission

3. In crimes involving adultery and concubinage, who may file

the complaint?
A. prosecutor
B. any peace officer charged with the enforcement of the
law violated
C. offended spouse
D. all of the above

4. Those evidence obtained in violation of a person’s

constitutional rights are called by the rule on evidence
as –
A. Exclusionary rule
B. Best evidence rule
C. Parole evidence rule
D. Secondary evidence rule

5. Evidence which has some connection or relation to what is

sought to be proved is called -
A. Relevant
B. Object
C. Positive
D. Presumptive

6. The original of a photograph presented as a documentary

evidence is called –
A. blow-up
B. negative
C. photo star
D. film

7. An admission made by a party in the course of the court

proceeding of the case is called -
A. Judicial admission
B. Judicial confession
C. Judicial notice
D. Extra-judicial admission

8. What branch of law defines crimes, treats of their nature

and provides for their punishment?
A. Administrative Law
B. Constitutional Law
C. Criminal Law
D. Civil Law

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9. Under what theory of criminal law carries the system that
crime is considered as essentially a social and natural
phenomenon and as such cannot be treated and checked by
the application of abstract principles of law and
jurisprudence, nor by the imposition of a punishment, but
rather through the enforcement of individual measures?
E. Juristic or classical theory
F. Positivist or realistic theory
G. Punitive theory
H. Non- punitive theory

10. Criminal law should be obligatory upon all persons

residing with the state, subject to the principles of
public international law and treaty agreements. This
refers to its characteristics called -
A. Prospectivity
B. Generality
C. Territoriality
D. Archipelago

11. Penal laws do not have retroactive effect, except in cases

where they favor the accused charged with felony and who
are not habitual criminals. This refers to its
characteristic called -
I. Prospectivity
J. Generality
K. Territoriality
L. Archipelago

12. The applicability of penal laws subjecting a person to

punishment crimes committed within the Philippine
territory, extending to the twelve-mile limits from the
headlands refers to its:
M. Prospectivity
N. Generality
O. Territoriality
P. Archipelago

13. What rule applies with respect to the jurisdiction to try

crimes committed on board of foreign vessels while found
within Philippine territorial boundaries, that is, when
the crimes committed on board a foreign vessel found
within the territorial waters and parts of the Philippines
do not effect the tranquility, peace and security of such
State, or when its safety is not endangered, these
offenses are triable in the courts of the country
represented by the flag of such foreign vessel?
Q. Nationality theory (French Rule)
R. Theory or Territoriality (English Rule)
S. American Military Bases Agreement
T. Bangsa Moro Rule

14. If a crime is committed on board a foreign merchant vessel

while in a foreign port, say in cases covered by treaty
agreements, are subject to the jurisdiction of the local
courts unless they affect only the vessel or those

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 belonging to her and do not involve the dignity of the
host country or the tranquility of the latter’s port,
then, what rule should apply?
U. Nationality theory (French Rule)
V. Theory of Territoriality (English Rule)
W. American Military Bases Agreement
X. Bangsa Moro Rule

15. Law controls social actions. What do you call those crimes
committed against the society, which produce direct damage
or prejudice common to all its members.
Y. Private crimes
Z. Public crimes
AA. Felony
BB. Infractions

16. The violations of laws are committed against an

individual, but which do not produce danger or prejudice
common to other members of society are called –
CC. Private crimes
DD. Public crimes
EE. Felony
FF. Infractions

17. Offenses of serious character in their effect on society

as to call for the practically unanimous condemnation of
its members are considered –
GG. Mala prohibita
HH. Mala in se
II. Mens Rea
JJ. Corpus Civilis

18. What are called infractions of rules of convenience

designed to secure a more orderly regulation of the
affairs of society?
A. Mala prohibita
B. Mala in se
C. Piracy
D. Felonies

19. Those acts and omissions committed not only by means of

deceit, but also by means of fault and are punishable by
law are called –
A. Justifying acts
B. Felonies
C. Exempting acts
D. Attempted felony

20. Whenever the offender commences the commission of a crime

directly by overt acts but does not perform all the acts
of execution which should produce the felony as a
consequence by reason of some cause or accident other than
his own spontaneous desistance, the stage of the criminal
action is with in its –
A. Frustrated felony

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 B. Attempted felony
C. Consummated felony
D. All of the foregoing

21. When the offender performs all the acts of execution which
would produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator, the stage of
the criminal action is with in its –
A. Frustrated felony
B. Attempted felony
C. Consummated felony
D. Justifying circumstances

22. When the offender performs all the acts of execution from
which the intended crime actually result, the stage of
criminal action is with in its –
A. Consummated felony
B. Attempted felony
C. Justifying circumstances
D. Exempting circumstances

23. In criminal law, what are the circumstances wherein the

acts of the person are in accordance with the law and,
hence, he incurs no criminal and civil liability?
A. Justifying circumstances
B. Exempting circumstances
C. Mitigating circumstances
D. Aggravating circumstances

24. Those wherein there is an absence in the agent of the

crime, any of all the conditions that would make an act
voluntary and although there is no criminal liability,
there is civil liability.
A. Justifying circumstances
B. Exempting circumstances
C. Aggravating circumstances
D. Mitigating circumstances

25. In criminal law, what are the circumstances where those

that have the effect of reducing the penalty because there
is diminution of any the elements of dolo or culpa, which
makes the voluntary or because of the lesser perversity of
the offender?
A. Mitigating circumstances
B. Aggravating circumstances
C. Alternative circumstances
D. Justifying circumstances

26. Those which are either aggravating or mitigating according

to the nature and effects of the crime and other
conditions attending its commission are called –
A. Alternative circumstances
B. Aggravating circumstances
C. Justifying circumstances
D. Mitigating circumstances

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27. In criminal law, what are the circumstances which serve to
increase the penalty without exceeding the maximum
provided by the law because of the greater perversity of
the offender as by the motivating power of the commission
of the crime, the time and place of its commission, the
means employed or the personal circumstances of the
offender?
A. Mitigating circumstances
B. Aggravating circumstances
C. Alternative circumstances
D. Instigation

28. What situation takes place when a peace officer induces a

person to commit a crime; without the inducement, the
crime would not be committed?
A. Entrapment
B. Instigation
C. Voluntary surrender
D. Recidivism

29. This signifies the ways and means devised by a peace

officer to apprehend a person who has committed a crime;
with our without the said devise or means and devise, the
crime has already been committed. This refers to –
A. Entrapment
B. Instigation
C. Voluntary surrender
D. Recidivism

30. One of the following situation, to be appreciated as

mitigating, it must be made to a person in authority or
his agent; it may be present after the issuance of a
warrant of arrest, but before actual arrest is made.
A. Voluntary surrender
B. Recidivism
C. Habitual of reiteration
D. Treachery

31. The authority of the court to take cognizance of the case

in the first instance is regarded as:
A. General jurisdiction
B. Original jurisdiction
C. Delegated jurisdiction
D. Appellate jurisdiction

32. What kind of aggravating circumstances must be essential

that the offender be previously punished, that is, he has
served the sentence for an offense in which the law
attaches, or provides for an equal or greater penalty than
that attached by law to the second offense, or for two or
more offenses, in which the law attaches a lighter
penalty?
A. Recidivism
B. Habituality or reiteration
C. Principals

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 D. Treachery

33. What kind of aggravating circumstances is present when a

person commits any of the crimes against person, employing
such means, methods or forms in the execution thereof
which tend directly and specially to ensure its execution,
without risk to him self arising from the defense which
the offended party might make?
A. Treachery
B. Principals
C. Accomplices
D. Accessories

34. Among the person who are criminally liable, those who take
direct part in the execution of the act; who directly
force or induce another to commit it; and those who
cooperate in the commission of the offense by another act
without which it would not have been accomplished are
considered -
A. Principals
B. Accomplices
C. Accessories
D. All of the foregoing

35. What do you call those, who are not being principals, but
cooperate in the execution of the offense by previous or
simultaneous acts?
A. Accessories
B. Accomplices
C. Principals
D. All of the following

36. A person whenever, having knowledge of the commission of

the crime, without having participated therein, takes part
subsequent to its commission, either by profiting
themselves are assisting the offenders to profit by the
effects of the crime; by concealing or destroying the body
of the crime or assisting the escape of the principal, is
considered as -
A. Accessories
B. Accomplices
C. Principals
D. None of the foregoing

37. In its juridical sphere, it means by the suffering

undergone, because of the action of the society, by one
who commits a crime, hence, it can only be imposed after
conviction in a criminal action. What is being defined?
A. Penalty
B. Pardon
C. Amnesty
D. Punishment

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38. What is the kind of Executive Clemency that wipes away the
guilt of the convicted person, subject to the limitations
to be executed by the President?
A. Penalty
B. Pardon
C. Amnesty
D. Reprieve

39. What is the kind of Executive Clemency whereby the

execution of penalty is suspended?
A. Pardon
B. Reprieve
C. Amnesty
D. Commutation of sentence

40. When the penalty imposed by the court upon an offender is

reduced to a lighter one, it is called –
A. Commutation of sentence
B. Reprieve
C. Amnesty
D. Civil Interdiction

41. If a crime has an imposable penalty of less than six

years, it is within the jurisdiction of-
A. Regional trial court
B. Municipal Trial Court
C. Court of Appeals
D. Supreme Court

42. It is one which, under the law existing at the time of its
commission and at the time of the application to be
admitted to bail, may be punished by death, although a
lower penalty than death maybe imposed after conviction.
This is referred to as -
A. Capital offense
B. Civil interdiction
C. Complex crime
D. Continuous offense

43. It is one for which the law imposes a single punishment

for various offenses. It is committed in either of two
ways; when a single act constitutes two or more grave or
less grave offenses; or when an offense is a necessary
means for committing another. This is referred to as –
A. Continuous offense
B. Complex crime
C. Capital offense
D. Impossible crime

44. What kind of crime is committed by a person who performs

an act which would be an offense against persons or
property, where it not for the inherent impossibility of
its accomplishment or on account of the employment of
inadequate or ineffectual means?

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 A. Complex crime
B. Impossible crime
C. Prescription of crime
D. Prescription of penalty

45. What is called the forfeiture or loss of the right of the

state to prosecute the offender after the lapse of a
certain time fixed by law?
A. Impossible crime
B. Prescription of crime
C. Prescription of penalty
D. Conditional pardon

46. What is called the loss of forfeiture of the right of the

government to execute the final sentence after the lapse
of a certain time fixed by law?
A. Prescription of penalty
B. Prescription of crime
C. Conditional pardon
D. Good conduct allowance

47. The mercy extended by the Chief Executive to a person

sentenced for an offense whereby the personal effects of
the penalty are suspended subject to certain condition is
called –
A. Conditional pardon
B. Good conduct allowance
C. Deduction of loyalty
D. Indemnification

48. Prescription of the crime commences to run:

A. Upon re-appearance of the accused
B. Upon escape of the accused
C. Upon discovery of the crime by the offended party
D. Upon filing of the complaint or information

49. The deduction of one-fifth (1/5) of the period of the

sentence of a prisoner if he, having evaded the service of
sentence because of calamity or any disorder under Art.
158, gives himself up to the authorities to the
authorities within 48 hours following the issuance of a
proclamation regarding the passing away of the calamity is
called -
A. Deduction for loyalty
B. Good conduct allowance
C. Amnesty
D. Conditional pardon

50. In the Philippines, the system of criminal procedure is:

A. Fixed
B. Mixed
C. Inquisitorial
D. Accusatorial

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51. What is being determined on the basis of the damages
sustained by the injured party and also those suffered by
his family or by third persons, and are generally granted
to cases of crimes against persons?
A. Indemnification
B. Reparation
C. Prejudicial question
D. Treason

52. What is granted in connection of crimes against property,

and is limited to prejudice that the injured party
suffered?
A. Indemnification
B. Reparation
C. Prejudicial question
D. Treason

53. This case may arise where the criminal action is suspended
instead until the termination of the civil or
administrative proceeding; that it must be determinative
of the case before the court; and jurisdiction to try the
case must be lodged in another tribunal. Which among the
following is being asked?
A. Prejudicial question
B. Reparation
C. Treason
D. Levying war

54. What crime is committed if one breached his or her

allegiance, which is the obligation of the fidelity and
obedience ones owes to the government, or sovereign under
which he lives, in return the protection he or she
receives?
A. Levying war
B. Treason
C. Adherence
D. Aid and comfort

55. What is the crime committed by one who, on the occasion of

a war in which the Government is not involved, violates
any of the regulation issued by competent authority for
the purpose of enforcing neutrality?
A. Levying war
B. Adherence to the enemy
C. Misprision of Treason
D. Violation of Neutrality

56. What is the crime committed when any public officer or

employee who, not being thereunto authorized by law, shall
expel any person from the Philippine Island or shall
compel such person to change his residency?
KK. Violation of Domicile
LL. Arbitrary detention
MM. Expulsion
NN. Kidnapping

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57. The citizen intellectually or emotionally favor the enemy
and harbors sympathies or connections disloyal to his
country’s policy or interest is an act known as –
A. Levying war
B. Adherence to the enemy
C. Aid and comfort
D. Misprision of treason

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