CRIMINAL LAW AND JURISPRUDENCE 20%

INSTRUCTION: Select the correct answer for each of the following

questions. Mark only one answer for each item by shading the space
corresponding to the letter of your choice on the answer sheet provided.
STRICTLY NO ERASURES ALLOWED.

1. Which of the following is a compound crime?

a. A man fired his revolver twice in succession directed against two
different persons, killing one person and the other.
b. None of these.
c. Placing a time bomb in a plane, which caused it to explode in mid-air
killing 13 persons therein
d. The accused fired his Thompson sub-machine gun at several
persons. The first burst of shots hit three persons. The accused let
loose a second burst of shots wounding 2 others.

2. When may a person be arrested without a warrant?

a. When an offense has just been committed and the arresting officer
or private person has probable cause to believe based on personal
knowledge of facts or circumstances that a person to be arrested has
committed it. Fresh or hot pursuit
b. All of these.
c. When the person to be arrested is a prisoner who has escaped from
a penal establishment, etc. fugitives from justice
d. When in the presence of the arresting officer of private person, the
person to be arrested has committed, is actually committing or is
attempting to commit an offense. En flagrante delicto

3. They are bodies of usages, principles and rules of action which do

not rest for their authority upon any declarative will of the legislature.
It is recognized in the United States and England but not recognized
under Philippine jurisdiction.
a. Penal laws c. common laws
b. Special penal laws d. None of the foregoing

4. A suspected arsonist was caught. Evidence showed that he poured

gasoline under the house of another and was about to strike the
match to set the house on fire when he was apprehended. What crime
was committed, if there is any?
a. Frustrated arson c. attempted arson
b. Consummated arson d. None of these

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5. Which of the following crimes over which the Philippine laws have
jurisdiction even if committed outside the country?
a. Espionage c. treason
b. Piracy and mutiny d. All of these

6. In filing a complaint or information, how is the real nature of the

crime charged determined?
a. law specifically violated
b. facts recited in the complaint of information
c. title at the charge sheet
d. evidences to be presented

7. Which of the following statement is NOT true?

a. In justifying circumstance, there is no civil liability except in
causing damage to another in state of necessity
b. A person who acts by virtue of a justifying circumstance does
not transgress the law because there is nothing unlawful in the act
as well as in the intention of the actor
c. None of these
d. In exempting circumstance there is a crime but there is no
criminal

8. For a waiver of the rights of a person under custodial investigation

to be valid, how must it be made?
a. All of these
b. Voluntarily, intelligently and knowingly
c. Waiver in writing
d. With counsel’s presence and assistance

9. Which of the following is an exempted circumstance?

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

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10. The legal duty of a prosecuting officer to file charges against
whomsoever the evidence may show to be responsible for the
offense means that .
a. None of these
b. Prosecutor has no discretion at all
c. Prosecutor has all the discretion
d. Discretion in determining evidence submitted justifies a
reasonable belief that a person committed an offense

11. Accused was convicted of Homicide on September 15, 1983. No

appeal was made; judgment became final on October 1, 1983. He
got his second conviction rendered on October 26, 1983 for
Murder. He is called by law as a .
a. Hardened criminal c. recidivist
b. Habitual offender d. Habitual delinquent

12. Speedy Gonzales (SG), the accused saw a 28 year old Ms. Jenny
near the gate of her residence. Without a word, SG kissed Ms.
Jenny on the cheek and brisked softly his hands on to her left
breast. No one saw the incident. In a minute, SG left Ms. Jenny,
who got shocked and speechless. What crime was committed by
SG if any?
a. Acts of Lasciviousness c. unjust vexation
b. Attempted rape d. Seduction

13. Which of the following circumstances are considered mitigating?

a. All of these
b. Offender had no intention to commit so grave a wrong that as
that committed.
c. Offender is over seventy (70) years old
d. Incomplete justifying and incomplete exempting circumstance.

14. Which is NOT a common requisite in justifying circumstances of

self-defense, defense of a relative and defense of a stranger?
a. None of these
b. Unlawful aggression
c. Reasonable necessity of the means employed to prevent or repel
it
d. The person defending is not induced by revenge, resentment, or
other evil motive

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15. Which of the following is exempted from criminal liability?
a. All of these c. insane
b. Imbecile d. Moron

16. What is that accusation made in writing charging a person with

an offense, subscribed by the prosecutor and filed with the court?
a. Counteraffidavit c. affidavit
b. Information d. Complaint

17. Which among the following is NOT a requisite for evident

premeditation and therefore should NOT be appreciated?
a. one day meditation/reflection and offered reward to killer
b. sudden outburst of anger
c. sufficient interval of time between time crime was conceived and
actual perpetuation
d. time when offender planned to commit the offenses

18. Which of these is NOT a requisite of “avoidance of greater evil or

injury?”
a. That the injury feared be greater than the injury done to avoid it
b. That the means used to avoid the injury is lawful
c. That the evil sought to be avoided actually exists
d. That there be no practical or less harmful means of preventing it

19. What is the period of prescription of crimes punishable by death,

reclusion perpetua or temporal?
a. 15 years c. 20 years
b. 5 years d. 10 years

20. Which one of the following does not belong to the group?
a. Lack of Skill c. negligence
b. Imprudence d. intent

21. If Denis slapped Rica’s face in front of a lot of people in a party,

what crime did Denis commit?
a. Unjust vexation c. physical injury
b. Slander by deed d. Malicious mischief

22. are facts and circumstances that would lead a reasonably discreet
and prudent man to believe that an offense has been committed
and that the object sought in connection with the offense are in the
place to be searched

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 a. probable cause c. none of these
b. warrant of arrest d. search warrant

23. Which is NOT a requisite before a court can validly exercise its
power to hear and try a case?
a. None of these
b. It must have jurisdiction over the subject matter
c. It must have jurisdiction over the person or the accused
d. It must have jurisdiction over the territory where the offense was
committed

24. A’s superior officer fired him for no apparent reason. A lit a rag
soaked with petroleum and placed it near the wooden wall of his
office to get even. Only a small portion of the wall got burned
because another employee put out the fire. What crime was
committed by A?
a. Frustrated arson c. Arson
b. Frustrated arson d. Consummated arson

25. When charges/offenses are founded on the same facts or that

which form part of a series of offenses of the same character, the
court may decide to
a. decide to obviate delay by continuing proceedings
b. set the cases for consolidated cause raffle
c. pursue separate trials
d. consolidate trials

26. Which of the following does NOT justify arrest without warrant?
a. continuing crime c. emergency doctrine
b. arrest based on police suspicion d. hot pursuit

27. This characteristic of criminal law is enounced in Article 366 of

the Revised Penal Code; crimes are punished under the laws, in
force at the time of their commission
a. prospective c. territorial
b. general d. preferential

28. When a person within a period of ten years from the date of his
release or last conviction of the crimes of serious or less serious
physical injuries, robbery, theft, estafa or falsification, is found
guilty of any of the said crimes the third time is .
a. Quasi-recidivism c. Habitual delinquency
b. Reiteraction or habituality d. Recidivism

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29. Can a private person have the right to break into a building?
a. No, the right is accorded only to public officials.
b. Yes, only if such breaking is necessary in making an arrest for a
felony or to prevent the commission of the offense
c. No.
d. Yes.

30. Which is the hearsay evidence rule?

a. Witness can testify only to those facts derived directly confided
to him
b. Witness cannot testify what he overheard
c. Witness is an expert testimony
d. Witness can testify only to the facts derived from his perception

31. Which characteristic of criminal law is described by the following

statement, criminal laws are undertaken to punish crimes
committed in Philippine territory.
a. General c. prospective
b. Preferential d. Territorial

32. There are three types of criminal procedure; the accusatorial, the
inquisitorial and what is the other type?
a. mixed c. peculiar
b. secular d. directorial

33. A public officer appropriating public funds and misappropriating

public property are examples of what kind of an offense?
a. None of these c. Possession of prohibited interest
b. Malversation d. Fraud

34. What will be the effect on the criminal liability of the accused who
was sane when he committed the crime, but becomes insane at the
time of trial?
a. He is exempt from criminal liability under paragraph 1 of Article
12 of the Revised Penal Code
b. He is still criminally liable but his trial will be suspended until his
mental capacity will be restored to afford a fair trial
c. His criminal liability will be extinguished
d. None of these

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35. When is jurisdiction over the person of the accused acquired?
a. Some of these
b. Upon his receipt of summons
c. Upon his arrest
d. Upon his voluntary appearance

36. What power promotes the public welfare by restraining and

regulating the use of liberty and property?
a. law enforcement c. eminent domain
b. all of these d. police

37. What is the effect of the death of the offended party in a criminal
action for libel?
a. No effect at all
b. The criminal liability is partially extinguished
c. The criminal liability is extinguished
d. The criminal liability is NOT extinguished

38. Which of the following statement is NOT true?

a. In vindication, the grave offense must be made directly only to
the person committing the felony
b. In vindication, the vindication of the grave offense must be
proximate which admits of an interval of time between the grave
offense done by the offender and the commission of the crime
by the accused
c. In provocation, it is necessary that the provocation or threat
immediately preceded the act, or there must be no interval of time
between the provocation and the commission crime
d. In provocation, the cause that brought about the provocation need
not be a grave offense

39. One of the two requisites of admissibility of evidence is when it is

relevant to the issue and what is the other requisite?
a. It observes continuity of rules
b. It is not excluded by law or rules
c. It multiplies admissibility chances
d. It has a heavy weight of evidence

40. Who is exempt in all cases, from criminal liability?

a. a person under nine years of age c. An imbecile
b. an insane d. some of these

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41. Which is a form of slight physical injury in the list below?
a. Maltreatment c. 3rd degree burns
b. Loss of an eye d. Mutilation

42. A 41 year old man had a carnal knowledge with a 25-year old
woman who for reason of mental abnormality has a mental
capacity of an 11-year old. However, the woman consented to such
carnal act. What is the effect of such consent?
a. There is mitigating circumstance
b. Rape was committed
c. There is aggravating circumstance
d. There is NO rape
43. Which of the following terms means resorting to any device to
conceal identity?
a. Disguise c. graft
b. None of these d. Fraud

44. Which of the following constitutes waiver of any irregularity

attending arrest?
a. Posting of bail c. Entering a plea
b. Filing a petition for bail d. All of these

45. The law governing the Witness Protection, Security and Benefit
Program is .
a. R.A. 8551 c. R.A. 6981
b. R.A. 6975 d. R.A. 4864

46. B stabbed the victim, a 12-year old girl and while already at the
threshold of death, B raped her. What crime was committed?
a. Murder c. rape
b. None of these d. Homicide

47. What is NOT an element of knowingly rendering unjust judgment?

a. That the judgment is valid
b. Offender is a judge
c. That he renders a judgment in a case submitted to him for the
decision
d. None of these

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48. How is accidental drunkenness appreciated as a circumstance in
the commission of an offense?
a. Exempting c. mitigating
b. Justifying d. Aggravating

49. Which of the following is a mitigating circumstance?

a. Having acted upon an impulse so powerful as naturally to
have produced passion and obfuscation
b. An act done in obedience to an order by a superior for some
lawful purpose
c. An act done under the impulse of an uncontrollable fear of an
equal or greater injury
d. An act done under the compulsion of an irresistible force
50. Under the Local Government Code of 1991, what is the condition
precedent that must be satisfied before the institution of a criminal
action in Court?
a. Settlement has been repudiated
b. Certification of no conciliation
c. Confrontation between parties at the lupon level
d. All of these

51. What is meant by a “demurrer to evidence”?

a. Motion to inhibit c. Motion to deny
b. Motion to dismiss d. Motion to postpone
52. Which among the following documents is NOT a public document?
a. Accomplished municipal form with NO signature
b. Deed of Absolute sale duly notarized
c. Marriage Certificates that are xeroxed
d. Baptismal Certificate
53. Who are considered persons in authority?
a. Teacher c. all of these
b. Policeman d. Barangay Captain

54. What must evidence be in order to become relevant to the issue?

a. not be excluded by the rules
b. not be offensive to our senses
c. should not be contrary to morals
d. has a direct bearing and actual connection to the facts in issue

55. In which of the following offices should information be filed?

a. Prosecutor c. police

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 b. Barangay d. Courts
56. What is that taking of a person into custody so he can answer for
the commission of the offense?
a. Imprisonment c. confinement
b. Bail d. Arrest

57. What shall a peace officer do if he is refused admittance into a

building where the person to be arrested is believed to be in?
a. Wait outside until the person to be arrested decides to leave
the building.
b. After announcing his authority and purpose, the peace officer
may break into any building or enclosure where the
person to be arrested is or is reasonably believed to be.
c. None of these.
d. Leave the building and secure a court order to break into the
building.

58. What is that system of criminal procedure where the detection

and prosecution of offenders are not left to the initiative of private
parties but to the officials and agents of the law? Resort is made to
secret inquiry to discover the culprit and violence and torture were
often employed to extract a confession. The judge is not limited to
the evidence brought before him but could proceed with his own
inquiry which is NOT confrontative.
a. Mixed sytem c. inquisitorial
b. Accusatorial d. None of these

59. What is the best remedy of a person who is accused under a

wrong name?
a. Ignore the charge
b. Enter a plea of NOT guilty
c. File a motion to quash on the ground of lack of jurisdiction
d. None of these

60. What is the rule in criminal law about doubts?

a. Proven doubts should be resolved in favor of the defendant.
b. All doubts should be resolved in favor of the accused.
c. Verified doubts shall be resolved in favor of the accused.
d. Doubts duly annotated are resolved in favor of the accused.

61. What may be established by common reputation?

a. none of these c. verbal acts

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 b. Individual moral character d. lifestyles

62. In the conduct of searches and seizure, what is the proper time in
making the search?
a. All of these
b. It must be directed to serve in the day time.
c. It must be directed to be served at any time of the day if
property is in the place ordered to be searched.
d. It must be directed to be served any time of the day or night if
the property is on the person.

63. is an act of grace proceeding from the power

entrusted with the execution of laws which exempts the individual on
whom it is bestowed from the punishment the law inflicts for the
crime committed.
a. Amnesty c. none of these
b. Probation d. Pardon

64.In a fit of jealousy, Dovie set fire on the “Banana Republic” boxer
shorts of her boyfriend, Fred. What crime did Dovie commit?
a. Malicious mischief c. Slight physical injury
b. Reckless imprudence d. Arson

65.What is the duty of the prosecutor when he is said to “direct and

control” the prosecution of the criminal case?
a. To submit himself to the wishes of the court
b. To turn over the presentation of evidence
c. To be physically present during proceedings
d. To impose his opinion to the trial court

66.Which among the following best described the moving power which
impels one to action for a definite result?
a. Mala in se c. motive
b. Ignomita Facti Excusa d. Intent

67.Which ground for motion to quash is not waived even if NOT

alleged?
a. None of these
b. Substantial non-conformity to the prescribed form
c. Failure to charge an offense
d. The officer who filed the action is not authorized

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68. What are those circumstances that affect criminal liability
because of the conditions which make the act voluntary or that
negligence is wanting as an agent of the crime.
a. Exempting circumstances
b. Justifying circumstances
c. Mitigating circumstances
d. Aggravating circumstances

69. Which of the choices below is among the rights of the

accused?
a. All of these
b. To have a speedy, impartial and public trial
c. To be informed of the nature and cause of the accusation
against him
d. To be presumed innocent until the contrary is proved beyond
reasonable doubt

70. X, with the intention to kill O, loaded his gun and went to
the house of O. He found him sleeping on his bed. He fired all
bullets at O, without knowing that three hours before, he died
of cardiac attack. What crime did X commit?
a. Intentional felony c. murder
b. Homicide d. Impossible crime

71. Grave abuse of confidence alleged in the information is

what kind of aggravating circumstance?
a.Generic c. qualifying
b. Inherent d. Specific

72. What is the basis of exempting a person from criminal

liability under Article 12 of the Revised Penal Code?
a. All of these
b. Complete absence of intelligence
c. Complete absence of freedom of action
d. Complete absence of intent

73. What is that question which arises in a case, the

resolution of which is a logical antecedent of the issues involved
in said case, and the cognizance of which pertains to another
tribunal?
a. Any of these

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 b. Justifiable question
c. Both justifiable and prejudicial question
d. Prejudicial question

74. A man killed a child. What would be the proper charge?

a. Infanticide c. homicide
b. Murder qualified by treachery d. Murder

75. Defendants John and Levy made an appeal from a

judgment that convicted them of illegal importation of opium.
One of the errors assigned as claimed is “permitting the
government principal witness to be in the courtroom while
other witnesses were testifying. The exclusion of the witnesses
by the court is .
a. Decided upon by the court
b. NOT sanctioned by the rules of court
c. Strictly prohibited by law
d. An error in judgment

76. Mayoralty candidates A & B in the city of Calamba are

contesting each other’s votes garnered during the last elections.
In this case, what could be the best evidence to present in
court?
a. Ballots
b. Witnesses
c. Certification by the board of canvassers
d. Registration of voters

77. Which is NOT a requisite in “obedience to an order issued

for some lawful purpose”?
a. That the means used by the subordinate to carry out said
order is lawful
b. None of these
c. That an order has been issued by a superior
d. That an order has been issued for some lawful purpose

78. What is meant by “discernment” under paragraph 3

Article 12 of the Revised Penal Code?
a. It is the mental capacity to understand the difference between
right and wrong.
b. It is the mental capacity of a minor between 9 and 15 years
of age to fully appreciate the
consequence.

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 c. It is the ability to grasp the significant factors of a complex
problem of a new situation.
d. Some of these.

79. When Juan starts to commit indirectly by overt acts, a

crime under the Revised Penal Code, but does NOT perform all
the acts of its execution because of an accident other than his
own spontaneous desistance, what stage in the commission of
crime would his case fall?
a. Frustrated c. none of these
b. Consummated d. Attempted

80. Who among the following is NOT an agent of a person in

authority?
a. Post master c. all of them
b. Policemen d. Municipal Treasurer

81. What is an effect of pardon by the President?

a. None of these
b. The pardoning power can be exercised even before conviction
c. The pardoning power of the President can be exercised only
after conviction
d. The pardoning power does not extend to cases of Impeachment

82. is the use of any device or artifice by

the accused to conceal his identity.
a. Mistaken identity c. cover
b. Craft d. Disguise

83. What is the importance of classifying felonies based on

gravity of penalties?
a. All of these
b. It ascertains whether the suspect is detainable or not
c. It gives the period that he may be legally detainable
d. It determines whether the case is for inquest or not

84. is an act of sovereign power granting a

general pardon for a past offense and is rarely, if ever, exercised
in favor of a single individual and is usually exerted in behalf of
certain classes of persons, who are subject to trial but were not
yet convicted.

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 a. Amnesty c. none of these
b. Probation d. General Pardon

85. Crimes against religious worship are of two kinds; one is

interruption of religious worship and the other is
.
a. None of these c. Offending the religious feelings
b. Usurpation of powers d. Revelation of religious secrets

86. An example of alternative circumstances would be

a. All of these
b. Degree of instruction and education of the offender
c. Intoxication
d. Relationship of the offender and the offended party
87. Which of the following cases fall within the exclusive original
jurisdiction of the Metropolitan Trial Court, Municipal Trial and
Municipal Circuit Trial Courts?
a. Accion Publicana
b. Probationable cases
c. Certification by the board of canvassers
d. Offenses punishable by reclusion perpetua

88. Noemi, a minor pretended he was of legal age and executed a deed
of sale where he sold a property he inherited in favor of Mrs. Ting.
After the consummation of said contract, what legal action can
Noemi take?
a. She can rescind the contract
b. She can recover the property on the ground of estoppels
c. She can recover the property by seeking annulment of the
contract
d. She may apply for the recession of the contract

89. Which of the following is a continuing offense?

a. After uttering defamatory words against the offended party
the accused attacked and assaulted the latter, resulting
in slight physical injuries
b. None of these
c. A thief takes from the yard of a house two game roosters
belonging to two different owners

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 d. The accused after robbing one house proceeded to rob another
house and then to another house where the third
robbery was committed.

90. What is an effect of waiver of right to appear by the accused?

a. None of these
b. There is waiver of the right to present evidence
c. The prosecution can present evidence if the accused fails to
appear
d. Both A and C

91. How is “silence of a person in a direct accusation” best treated?

a. As a self-incriminatory reaction
b. As a quasi-confession
c. As a judicial notice
d. As a quasi-admission

92. What personal property CANNOT be seized?

a. Property used or oriented to be used as a means of
committing an offense
b. Property stolen or embezzled and other proceeds or fruits of
the offense
c. Any property that can be used as an evidence to prosecute the
offender
d. Property subject of the offense

93. is the peril in which a person is put when he is

regularly charged with a crime before any tribunal properly
organized and competent to try him.
a. Detention c. jeopardy
b. Imprisonment d. None of these

94. In Metro Manila and other chartered cities, where shall the
offended party file his complaint?
a. Municipal Circuit Trial Court
b. Metropolitan Trial Court
c. Office of the Prosecutor
d. Regional Trial Court

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95. Who grants absolute pardon?
a. Probation Officer
b. Director of the Bureau of Prisons
c. Judge
d. The Chief Executive

96. It is said that searches of house, room or premises, should be

made in the presence of two witnesses. Who are these witnesses
supposed to be?
a. Two members of his family
b. Two lawful occupants thereof
c. None of these
d. Witnesses of sufficient age and discretion residing in the
same locality

97. Who shall enter a plea of guilty?

a. his counsel de oficio c. self confessed accused
b. his authorized counsel d.defendant himself in open court
98. When the evil intent of the offender could not be accomplished
because the means employed by him is inadequate or ineffectual, it
is called .
a. None of these c. Impossible crime
b. Frustrated felony d. Attempted felony

99. How can evidence of survivorship be proven?

a. All of these c. By indirect evidence
b. By direct evidence d. By circumstantial evidence

100. Where a woman was carried by the accused to a distance of 5

meters from the place where she was grabbed, but left her because
of her screams, what crime was committed?
a. light coercion c. attempted serious illegal detention
b. grave coercion d. frustrated serious illegal detention

END OF TEST

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