CRIMINAL LAW AND JURISPRUDENCE
Board Exam Trial Ratio
Prepared by: Atty. Jay M. Ferraro
1. All of the following are grounds to suspend the
scheduled arraignment of the accused EXCEPT:
a. the accused appears to be suffering from an
unsound mental condition which effectively renders
him unable to fully understand the charge against him
and plead intelligently thereto
b. there exist a prejudicial question
c. a petition for review of the resolution of the
prosecutor is pending at either the DOJ or the Office of
the President (in which case the suspension shall not
exceed 60 days counted from the filing of the petition)
d. the accused has not yet procured a counsel of his
own choice despite having been given the opportunity
to do so in earlier settings
2. The public prosecutor is said to be in “direct control
and supervision of a criminal case.” What is meant by
this statement?
a. he must be physically present in court and he may
turn prosecution of the case to a private prosecutor but
under his supervision.
b. it means he is better and higher than the judge
c. he must see to it that justice is done
d. it means he can sell the criminal case if the price is
right
3. What do you call that procedure where hearings of
testimonies are dispensed with instead only affidavits
or counter affidavits of the parties and their witnesses
are made in lieu of the former, subject however to
cross examination.
a. regular procedure
b. trial
c. special procedure
d. summary procedure
4. RA 7438 is titled “An Act Defining Certain Rights of
Persons Arrested, Detained or Under Custodial
Investigation”. Under this law who among the
following has no right to visit the person under
custodial investigation?
a. fiancé or fiancée
b. uncle or aunt
c. Ngo representative
d. media personnel
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5. In which of the following cases shall application for
bail be denied by the court?
a. when the offense charged is capital offense and
evidence of guilt is string
b. after judgment of conviction has become final
c. when the accused has commenced to serve his
sentence
d. all of the above
6. Jurisdiction of the court over the person of the
accused is acquired by the following EXCEPT:
a. upon his voluntary appearance in court
b. upon the arrest of the accused
c. upon his release from detention
d. none of the above
7. Who acts as the alter ego of the judge who takes
charge of the business of the court and supervises all
other court staff?
a. PAO lawyer
b. prosecutor
c. clerk of court
d. chief of police
8. Which among the following is (illegal) will not justify
arrest without a warrant?
a. hot pursuit
b. continuing crime
c. arrest based on probable cause
d. mere suspicion
9. Which among the following is required by the Rules
of Court to conduct monthly personal inspections of
provincial, city and municipal jails to ascertain the
number of detainees, inquire on their proper
accommodation and health and examine the condition
of jail facilities?
a. RTC judges
b. Executive judges of RTC concerned
c. CHR
d. PAO
10. An application for or admission to bail shall not bar
the accused from challenging the validity of his arrest
or the legality of the warrant issued therefore , or from
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assailing the absence of a preliminary investigation,
provided that he raises them:
a. before entering his plea
b. immediately after entering his plea
c. after conviction
d. none of the above
11. Which of the following motion may be availed of
after arraignment?
a. motion to quash
b. motion to dismiss
c. motion to set case for pre-trial
12. Which department of the government has the
power to order a change of venue of trial so as to avoid
a miscarriage of justice?
a. supreme court
b. department of justice
c. congress
d. executive branch
13. There are three (3) types of criminal procedure
which among the following is NOT one of them?
a. accusatorial
b. inquisitorial
c. industrial
d. mixed
14. In a complaint or information, how is the real
nature of the crime as charged determined?
a. by the facts recited in the complaint or information
b. by the title or caption of the complaint or information
c. by the designation of the offense made by the
offended party
d. by the amount of the filing fee paid by the offended
party
15. Which among the following is NOT a constitutional
right of the accused because it is a mere statutory right
and NOT a constitutional right?
a. the right to be presumed innocent until the contrary
is proved
b. the right to be informed of the nature and the cause
of the accusation against him
c. to be present and defend in person and by counsel
at every stage of the proceedings, from arraignment to
promulgation of judgment.
d. to appeal in all cases allowed and in the manner
prescribed by law.
16. What do you call that practice where the accused
(who may not even be a lawyer) personally undertakes
his defense in a criminal case without the assistance of
a counsel whether de parte or de officio after the judge
is satisfied that he can intelligently defend himself
without the assistance of a counsel.
a. kayabangan!!!
b. pro se practice
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c. appearance in propria persona
d. both b and c
17. How do you make an application for search
warrant?
a. by motion and set the case for hearing
b. by announcing it on television
c. upon application with the proper court and heard ex
parte
d. upon application with the fiscal and heard in
chambers
18. So that a waiver of the rights of a person under
custodial investigation may be valid, which of the
following is a requirement?
a. done voluntarily and intelligently
b. the waiver must be in writing
c. the waiver must be in writing and with his assistance
d. all of the above
19. A bail may be cancelled upon surrender of the
accused or proof of his death while, it is deemed
automatically cancelled upon acquittal of the accused,
dismissal of the case, or execution of the judgment of
conviction.
a. true
b. partly true
c. false
d. absolutely false
20. In (Metropolitan) Manila and other chartered cities,
the complaint shall be filed with the office of the
__________unless otherwise provided in their
charters.
a. prosecutor
b. private prosecutor
c. PAO
d. clerk of court
21. Which of the following is true about doubts in
criminal cases?
a. all doubts should be resolved in favor of the accused
b. all doubts should be resolved in favor of the state
c. all doubts should be resolved in favor of the
prosecution
d. all doubts should be removed because conviction
must be beyond shadow of a doubt
Note: The following four (4) questions are
related to each other
22. X an illiterate provincial folk was arrested by the
police and is now under custodial investigation. X was
ceremoniously informed of all of his rights by the police
in the English language especially that of his right to
have a counsel. After these perfunctory recitations, X
voluntarily (without intimidation or coercion) waived
his right to counsel and admitted authorship of the
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commission of the crime in a piece of paper. X made
a:
a. confession
b. admission
c. extrajudicial confession
d. judicial admission
23. In the above case, X’s statement will not be
admitted by the court because:
a. he was not informed of his rights in a language or
dialect known to him
b. he was not a college graduate
c. the police merely gave him a ceremonial recitation
of his rights
d. all of the above
24. Another reason why the statement will not be
admissible in evidence is that:
a. the waiver of his rights was not made in writing and
in the presence of his counsel
b. the waiver was made in the English language
c. the waiver must be signed by the judge
d. there is no medical certificate presented by the
police that they did not harass X, the accused
25. Let us assume that there was no irregularity in the
proceedings in the custodial investigation, so X was
convicted today. How many days does X have to appeal
his judgment of conviction?
a. within fifteen light years from judgment
b. within fifteen days from promulgation of judgment
c. within fifteen days from receipt of the Public
Attorney’s office of judgment
d. within fifteen days from receipt of the private
defense counsel of judgment
Note: The two (2) following questions are
related to each other
26. If an offense is committed on a merchant vessel
in the course of its voyage. Where is the proper place
of instituting the criminal action?
a. place where the crime was committed
b. the place of origin or departure of the vessel
c. the court of the first port of entry or of any
municipality or territory where the vessel passed during
such voyage subject to the accepted principles of
international law.
d. place where the ship is registered or if not place of
manufacture of the ship subject to international law
27. Assume that the vessel in the above question is
not a merchant vessel but a warship and the crime is
committed within Philippine waters, where do you file
the information.
a. province or city having jurisdiction where the crime
was committed
b. court having jurisdiction over the place of
destination of the warship
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c. one cannot file the information in the Philippines
because Philippine courts do not have jurisdiction over
crimes committed on warships
d. none of the above
Note: The three (3) following questions are
related to each other
28. X committed the crime or rape in Cavite,
Philippines. Where do you file the information?
a. appropriate RTC of Cavite
b. appropriate MTC of Cavite
c. file it in the barangay first to avoid prematurity
d. city fiscals office of Cavite
29. In the above question, assume that X is a powerful
governor of Cavite, thus there is a possibility that X
might influence the outcome of the case by
intimidating or bribing the police, prosecutor, defense
counsel and witnesses. Which of the following is the
best thing to do?
a. forget the case and do not proceed with it anymore
as you will surely lose.
b. ask for media coverage so as to pressure those
concerned to avoid influencing or being influenced by
another.
c. ask the New People’s Army to assassinate Mayor X,
in that case instant justice is obtained
d. file a motion with the Supreme Court asking for a
change of venue of trial.
e. ask the Court of Appeals to order a change of venue
of trial.
30. Assume that Mayor X abducted the offended
woman in Laguna and raped the latter in his house in
Cavite, which of the following court is the proper court
that has criminal jurisdiction?
a. Cavite court
b. Laguna court
c. Supreme Court
d. either of a or b
Note: the next three (3) questions are related to
each other
31. X is accused of unjust vexation. At the arraignment
the judge asked X whether he had a counsel. X said he
had none. What should the judge do?
a. the judge should postpone the arraignment
b. the judge should dismiss the case
c. the judge should cry aloud in front of the litigants
and his staff to show pity to the accused who is so poor
that he could not afford a counsel of his own and then
call the media for exposure or mother Lily for a possible
role in the movies
d. the judge should inform X that he has the right to
counsel and appoint one to assist him in the
arraignment
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32. In the above case, assume that X did not appear
with a lawyer to assist him and X expressed his desire
to defend himself personally without the assistance of
counsel. Assume that after examination of X, the judge
was convinced that X was of above average intellect
and that he is a 4th year law student and that he
finished BS Criminology (Criminal Justice Education
alumnus) at the Pamantasan NG Lungsod NG
Muntinlupa. So the judge allowed X to enter his plea at
the arraignment without the assistance of counsel. In
the subsequent hearings the judge even allowed X to
conduct the cross examination of the first witness for
the prosecution. How do you call this practice of X?
a. X is involved in “kayabangan” and he deserves to be
convicted.
b. pro se practice
c. counsel de officio
d. onanism or self gratification
33. This time, assume that X appeared in court with a
counsel to assist him at the arraignment. How should
X enter his plea?
a. X enters his plea through his counsel and verbally
b. X enters his plea though his counsel and by motion
c. X enters his plea personally, through sign language
and of record
d. X enters his plea personally, in open court and of
record
Note: The next four (4) questions are related to
each other
34. X stabbed Y. Luckily, Y was able to identify his
assailant. Upon being rushed to the hospital, PEMS Z
got the statement of Y. Y believing at that time that he
was at the point of death, confided to PEMS Z that X
was his assailant. Y died a few hours thereafter. What
would be your basis to establish the identity of the
assailant and bring him to justice?
a. dying declaration of X
b. dying declaration of Y
c.res gestae
d. direct testimony of Y
35. Assume that in the above case, Y was able to
survive as he did not die. What could be the basis to
establish the identity of the assailant?
a. dying declaration of X
b. dying declaration of Y
c. res gestae
d. direct testimony of the doctor
36. If Y did not die, his statement could not qualify as
a dying declaration because:
a. X must also die
b. the doctor must testify that the wound was fatal or
could have caused death
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c. SPO4 X did not present the best evidence, that is the
tape recordings of Y’s statement
d. Y’s death is indispensable or must have occurred
37. Assume that when X stabbed Y, the latter was in
a no way to identify X as his assailant. But Y
nevertheless in his dying state had a strong hunch that
it was X alone he could have possibly done the
stabbing, hence in his declaration to PEMS Z, he
pointed to X as his aggressor. Y died. What will happen
to his declaration to PEMS Z?
a. it will not be admitted as dying declaration
b. it will not be admitted as dying declaration but will
be admitted as part of res gestae
c. Y will be subjected to rigid examination by the
defense counsel
d. it will be considered as declaration against pedigree
or common reputation
Note: The next four (4) questions are related to
each other
38. At the arraignment of X, the accused for the
offense of murder, the clerk of court had read the
information in a language known to X. Upon being
asked about his official plea, X merely vowed his head
(or let us say, makes a conditional plea) and said
nothing. The judge this asked X regarding his official
plea but X merely kept his silence (or say continues to
make his conditional plea). What will be the implication
of X’s silence (or conditional plea)?
a. the judge will order his imprisonment for contempt
b. the judge will call upon a guard to force X to make
a plea one way or the other
c. the arraignment will have to be postponed
d. a plea of not guilty shall be entered for X
39. At the arraignment of X, the private offended party
is also required by the court to attend thereat. What is
the reason for requiring the private offended party to
appear at the arraignment?
a. for purpose of plea bargaining
b. for purpose of determining civil liability of the
accused
c. for purpose of other matters requiring his presence
d. all of the above
40. Let us assume that X did not appear at his
scheduled arraignment despite being duly notified to
do so. Upon inquiry by the judge, his counsel or
representative if any, did not offer any justifiable
explanation for X’s non appearance. What do you think
will most likely happen?
a. the judge will issue a bench warrant upon motion of
the prosecution
b. the judge will order the process server to re-notify
the accused to appear in the next schedule
arraignment
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c. the judge will cry because the accused is absent 46. X is a 4th year criminology student. He is deeply
d. the judge will fine the lawyer of X for his failure to in love with Y a beautiful nursing student who is
produce his client studying in the same school where he is enrolled. X’s
offer of love to Y was rejected by the latter. It is for
41. Let us assume that in the above case, X had this reason that X decided to rape Y. However he could
appeared at the arraignment and he wanted to admit not perpetrate his bestial desire because Y is always
the commission of the crime only if the offense charged guarded by her 6’10” basketball player boyfriend.
would be lowered to homicide. If this is acceptable to Unable to satisfy his lust, X merely contented himself
the prosecution, how would you call this scheme and in having sexual intercourse with Y in his deepest,
whose consent is necessary so that it may be valid? wildest, darkest and wettest imaginations day and
a. case fixing it needs the consent of the judge night 24/7. What crime did X commit?
b. crime modification and it needs the consent of the a. immorality
offended party b. attempted rape
c. plea bargaining, it needs the consent of the offended c. sin
party and the prosecutor d. no crime
d. the scheme cannot be allowed because it involves
trifling with court processes 47. In the above case, assume that X got sick and tired
of raping Y in his imagination. X wanted a real sexual
42. What is the purpose of the law in punishing intercourse but could not do so because Y is already
impossible crimes? taken by another man and that he is so poor he could
a. to suppress criminal propensities or not even afford to hire the services of a prostitute.
tendencies Feeling desperate for companionship and intimate
b. to keep the potential criminal off the streets sexual relations, X did the unthinkable. One cold, lonely
c. to serve as an example to others and horrible night he locked himself up in his room
d. to deter others from committing the same act together with “fulgoso” his female dog and forcefully
had sex with the latter. What crime did X commit?
43. Ambassador Fukimo Mikuto of Japan to the a. rape
Philippines killed (the) Filipina girlfriend of his boyfriend b. acts of lasciviousness
Ambassador Jackolino Mastovini of Italy. What crime c. damage to property
can be charged against the ambassador? d. crimes against the order of nature
a. murder e. none of the above
b. physical injury
c. homicide 48. Assume this time that X had the opportunity and
d. no, crime as she is exempted from our law the luck to somehow slip into the boarding house
where Y was sleeping. Nobody was around except him
44. Under article 5 of the Revised Penal Code, “when (X) and Y as Christmas vacation had just begun. X
ever a court has knowledge of any act which it may commenced the commission of the crime of rape by
deem proper to repress and which is not punishable by forcefully undressing Y, touching her and her private
law, it shall render the decision and shall report to the parts and undressing himself as well. In his stark and
Chief Executive, through the __________, the reasons naked glory, X grabbed his erected offending organ
which induce the court to believe that said act should pointed it at Y’s private part and was about to insert it
be made the subject of a penal legislation.” to Y’s vagina when in what could be the most bizarre
a. Department of Justice twist of fate, X suddenly suffered from a premature
b. Philippine National Police ejaculation against his will causing his private part to
c. Department of Interior and Local Government go soft and limp and remained in that state despite
d. Supreme Court efforts of X to revive its former glory. No penetration
took place as a result as it very difficult to penetrate
45. Under article 12 of the RPC, a person is exempted another with a flaccid organ. X was apprehended
from criminal liability because of: thereafter. What crime did X commit?
a. complete absence intelligence a. impossible crime
b. complete absence of freedom of action b. frustrated rape
c. complete absence of intent c. attempted rape
d. complete absence of negligence d. consummated rape
e. all of the above
49. A wanted to kill B. He thought of mixing poison in
(Note: The next three (3) question are the drink of the latter. He went to the supermarket and
connected to each other) bought a pack of rat killer with the intention to mix its
contents to the drink/food of B. On his way home, with

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the rat killer on his hand he was apprehended by the c. the person defending be not induced by renege,
NBI authorities. What crime did A commit? hatred or other evil motive
a. no crime d. both a and b
b. attempted murder
c. sin
d. attempted homicide. 56. This felony is committed by any Filipino citizen or
an alien residing in the Philippines who levies war
50. An adult man killing a child (not related to him) is against the Philippines or adheres to her enemies
always: giving them aid or comfort in the Philippines or
a. infanticide elsewhere.
b. cowardice a. Treason
c. murder b. Rebellion
d. parricide c. Flight to enemy country
d. Sedition
51. Which of the following words does not belong to
the group? 57. What crime is committed by one who on the high
a. intent seas or in Philippine waters shall attack or seize a
b. lack of foresight vessel or, not being a member of its complement or
c. lack of skill passengers, shall seize the whole or part of the cargo
d. imprudence or negligence of said vessel, its equipments or personal belongings.
a. robbery
52. X was caught in the act of pouring gas in the house b. terrorism
of another. He was about to strike the match in c. piracy on the high seas or Philippine water
preparation to set the house on fire when he was
stopped by alerted citizens. What crime was 58. This felony is committed by any public officer or
committed? employee, who without legal ground such as violent
a. consummated arson insanity or the commission of a crime, shall detain
b. frustrated arson another.
c. attempted arson a. arbitrary detention
d. no crime b. kidnapping
c. illegal arrest
53. X got mad with his neighbor so he lit a rag soaked d. grave coercion
with gas and place it against the wall of his neighbor’s
house. A small, very small portion, repeat, very small 59. This felony is committed by a public officer or
portion only of the house was burned. The fire that employee who, not being authorized by judicial order,
burned that portion could not have even hurt anyone. shall enter the dwelling of another against the will of
Luckily the fire was put out before it become a major its owner.
one. What crime was committed? a. trespass to dwelling
a. impossible crime of arson b. violation of domicile
b. attempted murder c. abuse of authority
c. frustrated arson d. police brutality
d. attempted arson
e. arson 60. This crime is committed by rising publicly and
taking arms against the Government for the purpose of
54. Grave abuse of confidence is an example of what removing from the allegiance to said government the
king of aggravating circumstance? territory of the RP or any part thereof, or deprive the
a. qualifying Chief executive or Congress any of their powers or
b. generic prerogatives.
c. inherent a. coup d’ etat
d. specific b. sedition
c. murder
55. Which is NOT a common requisite of justifying d. rebellion
circumstances of self-defense, defense or relatives and
defense of strangers? 61. What felony is committed by person or persons
a. unlawful aggression who belong to the military or police organizations or
b. reasonable necessity of the means employed to those who hold public office or employment who shall
prevent or repel it; make a swift attack directed against duly constituted
authorities, or any military camp or installation,

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communications network or public facilities for the
purpose of seizing state power.
a. rebellion
b. coup d’etat
c. insurrection
d. people power
62. What crime is committed by a public officer or
employee who shall arrest or search any member of
Congress while Congress is in regular or special
session, except when such member has committed a
crime punishable under the RPC by a penalty higher
than prision mayor.
a. unlawful arrest
b. illegal detention
c. arbitrary detention
d. violation of parliamentary immunity
63. The felony of _______ by any founder, director,
and presidents of associations organized for the
purpose of committing any of the crimes punishable
under the RPC or for some purpose contrary to public
morals.
a. illegal assemblies
b. illegal associations
c. terrorism
d. none of the above
64. This is committed by any person who shall attack,
employ force, or seriously intimidate or resist any
person in authority or his agents while engaged in the
performance of his duties or on the occasion of such
performance.
a. direct assault
b. indirect assault
c. attempted murder
d. disrespect of rank
65. Any person directly vested with jurisdiction,
whether as an individual or as a member of some court
or governmental corporation, board or commission,
shall be deemed to be _______.
a. agent of person in authority
b. public officer
c. public employee
d. person in authority
66. A person who by direct provision of law or by
election or by appointment by competent authority, is
charged with the maintenance of public order and the
protection and security of life and property such as
policemen and any person who comes to the aid of
persons in authority shall be deemed to be ________.
a. person in authority
b. public officer
c. agent of a person in authority
d. none of them
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67. This is committed by any person who shall remove
from any penal establishment any person confined
therein or shall help the escape of such person by
means of violence intimidation or bribery.
a. infidelity in the custody of prisoners
b. delivering prisoners from jail
c. conniving to evasion
d. evasion of service of sentence
68. This felony is committed by any convict who shall
evade the service of his sentence by escaping during
the term of his imprisonment by reason of final
judgment.
a. infidelity in the custody of prisoners
b. delivering prisoners from jail
c. consenting to evasion
d. evasion of service of sentence
69. When a convict evades the service of his sentence
by reason of or on the occasion of disorders,
earthquakes or other calamities he should return to the
penal institution within forty-eight (48) hours following
the issuance of a proclamation by the Chief Executive
announcing the passing away of such calamity. If he
does not do this he shall suffer an additional penalty of
how much?
a. one year
b. 1/5
c. 1/5 of the time remaining under the original
sentence
d. 3 day
70. A form of repetition wherein a person shall commit
a felony after having been convicted by final judgment,
before beginning to serve such sentence or while
serving the same. If this happens the person will be
punished the maximum period of the penalty
prescribed by the law for the new felony.
a. recidivism
b. quasi recidivism
c. habitual delinquency
d. reiteration
71. This is committed either by: a. By giving to a
treasury or bank note or any instrument payable to
bearer or to order, the appearance of a true and
genuine document; or b. By erasing, substituting,
counterfeiting, or altering by any means the figures,
letters, words or signs contained therein.
a. falsification
b. alteration
c. estafa
d. forgery
72. What felony is committed by any person who shall
knowingly and falsely represent himself to be an
officer, agent or representative of any department or
agency of the Philippine or any foreign government, or
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who under pretense of official position shall perform
any act pertaining to any person in authority or public
officer of the Philippine or foreign government, or any
agency thereof, without being lawfully entitled to do
so.
a. estafa
b. falsification
c. usurpation of authority or official functions
d. illegal use of uniform
73. This is committed by any person who shall publicly
and improperly make use of insignia, uniform or dress
pertaining to an office not held by such person or to a
class of person of which he is not a member.
a. illegal use of uniform or insignia
b. usurpation of authority
c. usurpation of official functions
d. using fictitious name
74. This felony is committed by any person who shall
offend against decency or good customs by any highly
scandalous conduct not expressly falling within any
other article of the RPC.
a. Indecency
b. Public display of affection
c. Grave scandal
d. Exhibitionism/Lady Godiva Syndrome
75. He is any person who having no apparent means
of subsistence, who has the physical ability to work and
neglects to apply himself to some lawful calling.
a. vagrant
b. prostitute
c. pal
d. tambay
e. bystander
76. What do you call that evidence which standing
alone, unexplained or uncontradicted, is sufficient to
maintain the proposition affirmed?
a. expert evidence
b. secondary evidence
c. prima facie evidence
d. direct evidence
77. Any evidence having any value in reason as
tending to prove any matter provable in an action:
a. object evidence
b. testimonial evidence
c. relevant evidence
d. false evidence
78. The opinion of a (ordinary) witness may be
received in evidence regarding:
a. the identity of a person about whom he has
adequate knowledge;
b. a handwriting with which he has sufficient
familiarity;
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c. the mental sanity of a person with whom he is
sufficiently acquainted
d. impressions of the emotions, behavior, condition or
appearance of a person
e. all of the above
79. Which among the following is NOT an exception to
the best evidence rule?
a. when the original has been lost or destroyed or
cannot be produced in court, without bad faith on the
part of the offeror;
b. when the original is in the custody or under the
control of the party against whom the evidence is
offered, and the latter fails to produce it after
reasonable notice;
c. when the original consists of numerous accounts or
other documents which cannot be examined in court
without great loss of time;
d. when the original is a public record in the custody of
a public officer or is recorded in a public office
e. when the original is already photocopied and the
same is I the possession of the party offering to prove
it as evidence
80. How do you call an admission made by a party in
the course of a judicial proceeding?
a. extrajudicial confession
b. judicial confession
c. both a and b
d. hearsay
81. How does one classify a carbon copy of a
document?
a. it is a duplicate original
b. a secondary evidence
c. it is neither of the above
d. it is substitutionary evidence
82. It is the duty of a person to present evidence on
the facts in issue necessary to establish his claim or
defense by the amount of evidence required by law.
a. burden of evidence
b. circumstantial evidence
c. preponderance of evidence
d. none of the above
83. Where a private document is more than thirty (30)
years old, is produced from a custody in which it would
naturally be found, and is unblemished by any
alterations, then it may be called as:
a. best evidence
b. documentary evidence
c. corpus delicti
d. ancient document
84. An extrajudicial confession shall not be sufficient
for conviction, unless corroborated by evidence of:
a. tow witness
AMICI REVIEW CENTER
b. affidavit
c. corpus delicti
d. police blotter
85. This rule forbids the addition to or contradiction of
the terms of a written agreement. Oral testimony
cannot prevail over the written agreement of the
parties. The purpose of this rule is to give stability to
written agreements. It came from the French word,
meaning word of mouth or oral statement.
a. best evidence rule
b. exclusionary rule
c. fruit of the poisonous tree
d. parole evidence rule
86. Which of the following is NOT a definition of an
original document?
a. the original of a document is one the contents of
which are the subject of inquiry
b. when a document is in two or more copies executed
at or about the same time, with identical contents, all
such copies are originals
c. when an entry is repeated in the regular course of
business, one being copied from another at or near the
time of the transaction, all entries are originals
d. none of the above
87. Alibi is said to be the weakest defense. It is a plea
that the accused is somewhere else at the time of the
commission of the offense. However, in what instance
may the defense of alibi acquire a commensurate value
in the defense of the accused?
a. where no positive and proper identification of the
accused has been satisfactorily made
b. when the accused attempts to flee from prosecution
c. when the evidence for the defense is equally weak
d. where the judge is confused about the facts of the
case thus necessitating the acquittal of the accused
88. How may one prove the contents of an original
document when it has become unavailable such as
when it has been lost or destroyed?
a. by a copy thereof
b. by recital of its contents in some authentic document
c. by the testimony of witnesses
d. all of the above
89. When the original of a document is in the custody
of a public officer or is recorded in a public office, how
may one prove its contents?
a. by Xeroxed copy thereof
b. by recital of its contents
c. by certified copy issued by public officer in custody
d. by having the document authenticated by the City
Mayor
90. A and B are husband and wife. C is their only
daughter. C was raped by A while B was abroad. C
9|Page
confided to B that she was raped by A. Can B testify
against her own husband for the rape of her daughter?
a. no, because of the disqualification by reason of
marriage
b. no, because only C, the victim may testify against A
c. yes, because the disqualification by reason of
marriage does not apply in a criminal case for a crime
committed by one against the other or the latter’s
descendants or ascendants
d. yes, if the judge permits B to testify without
objection from the defense.
91. W is totally blind since birth. One night while
walking on his way home, he heard the following
utterances, “Pedro patay ka na hayop ka!” Then
another one uttered “Juan huwag, anung kasalanan ko
sa iyo?” A few seconds thereafter gunshots were heard
and somebody died. Can W be presented as a witness?
a. no because he is blind and he did not see who the
killer was
b. no because he can never be considered as an
eyewitness
c. yes because of what he heard and he can perceive
and make this perception to others
d. yes because aside from the fact that he is not
disqualified W is also not a co conspirator to the killing
92. All of these may be established by common
reputation EXCEPT:
a. verbal acts
b. facts of public or general interest
c. marriage
d. moral character
93. W witnessed a crime yesterday. Because of the
trauma caused by the accidental witnessing of the
crime, he lost his sanity today. Is W qualified to testify
as a witness tomorrow?
a. yes because at the time of the witnessing of the
crime he was sane and his insanity thereafter is
immaterial
b. no because he became insane
c. yes as long as he was sane at the time of the
commission of the crime and at the time of trial a
medical doctor would also testify that W became
insane because of what he saw.
d. yes provided that at the time that W would testify,
he must have regained his normal sanity
94. May a ten (10) year old boy be allowed to testify
regarding a rape case he had witness?
a. no, because a ten-year old boy does not know
everything about sex just yet
b. no, because, his mother will not allow him to testify
because he’s to young
c. yes, if he already has discernment
d. yes, as long as he can perceive and can make known
his perception to others
AMICI REVIEW CENTER
95. Pedro and Petra are husband and wife. During
their marriage Pedro confided to Petra that he raped
Lola Basyang a few months back. A year later, Pedro
and Petra’s marriage was annulled. Assume that Lola
Basyang files a case of rape against Pedro, may Petra
testify in court regarding the confession made by Pedro
to her?
a. no, because no one could stomach to rape an old,
smelly, teeth less and senile septuagenarian like Lola
Basyang. (It’s disgusting!!!)
b. no, because it is obvious that Petra is only jealous
and insecure to Lola Basyang’s charm, because as they
say it in the vernacular, Lola Basyang is “may asim pa.”
c. yes, because the crime is not committed against her
or her ascendants or descendants
d. yes, if Pedro consents to the testimony of Petra
96. Elias, a catholic went to Padre Salvi and confessed
that he together with Crisostomo, Basilio and Quiroga
were planning to stage a rebellion. The execution of
the plan was prevented by alert military intelligence.
May the court where the rebellion case is filed, compel
Padre Salvi to testify against Elias by divulging the
specifics of Elias’ confession?
a. yes, otherwise Padre Salve could be held liable for
rebellion also
b. no, because according to my teacher in junior high
school this is not how the plot of Rizal’s novel took
place
c. no, because Elias never confessed anything to that
dirty slime Padre Salvi, if this is the case, then the
question would be amending the storyline of Rizal’s
novel which could raise national protest among
historians, academicians and the intellectuals.
d. as a general rule no, because of the rule on
priest/minister-penitent privilege communication
97. Crispin was arrested by the police upon complaint
of the Kura Paroko for allegedly stealing ten pesetas.
Upon custodial investigation, Crispin waived his right to
counsel and voluntarily confessed his participation in
the stealing of the ten pesetas. What is the status of
the confession?
a. the confession is inadmissible because we all know
that Crispin is innocent of the crime
b. the confession is admissible if the waiver to counsel
was put into writing
c. the confession is inadmissible because it should be
in writing and made in the presence of counsel
d. the confession in not admissible because it was not
notarized
98. What is the “calling out power” of the President of
the Philippines?
a. it means he has the power to call his friends for the
purpose of traveling abroad
b. it means he has the power to summon the PNP to
disperse unlawful assemblies and rallies
10 | P a g e
c. it means he has the power to call out the armed
forces to prevent or suppress lawless violence, invasion
or rebellion
d. I do not know because this is not supposed to be
asked in evidence, it should have been asked in
Philippine Government and Constitution subject.
99. Impeachment is the legal process of removing
certain public officials from the government offices
which they hold. All of the following are impeachable
officers EXCEPT:
a. President and Vice President
b. Members of the Supreme Court
c. Members of the Constitutional Commissions
d. Senators and Congressman
Note: the next three (3) questions are related to
each other
100. X and Y are husband and wife respectively they
having been married a long time ago. During this
marriage, X confided to Y that he used to be a member
of a bank robbery and kidnap for ransom syndicate.
When Y learned of this confession, he lost his affection
to X and decided to stay away from him. Later the
Philippine National Police offered Y to act as witness
for the prosecution against X. May Y testify against X?
a. yes because they are now separated and Y lost his
love for X
b. no because of the rule on privileged marital
communication rule
c. yes because Y did not know of the background of X
d. no because of the rule on privileged communication
rule unless the spouse concerned gives his consent
101. In the above case assume that X and Y are
common law husband and wife, may Y on this occasion
testify against her husband?
a. yes if the husband consents
b. still no
c. absolutely yes, the husband consent is immaterial
d. maybe yes maybe no
102. Assume that X and Y are legally married. X
committed rape against Z. Z is the common daughter
of X and Y. May Y testify against X?
a. no because of the rule on privilege communication
b. yes because it is now a crime committed by one
spouse against the other or the latter’s direct
descendants or descendants.
c. no because X did not give his consent
d. it depends if the child Z would also agree to testify
against X his own father
Note: The next three (3) questions are related
to each other
AMICI REVIEW CENTER
103. Attorney X was approach upon by Y who is an
accused in criminal case for parricide and asked the
latter certain questions which partook the nature of a
lawyer client relationship. In his queries, Y was able to
disclose to the Attorney X that he was the one who
actually killed his wife. Attorney X declined to defend Y
as he believed that Y’s case is a hopeless case.
Attorney X now wants to testify against Y in the same
criminal case of parricide in which Y is the accused.
May attorney X be allowed to testify against Y?
a. yes as there is no law which prohibits him from so
doing
b. no because of the privilege communication between
lawyer and client
c. no because of the privilege communication between
lawyer and client unless his client, Y consents to such
proposed testimony.
d. yes because there is no mention in the case that Y
paid attorney’s fees to attorney X, therefore there is no
attorney and client relationship to speak of
104. Let us assume in the above case, that attorney
X’s stenographer or secretary or anyone of his
employees in his law office was able to overheard the
confession made by Y to Attorney X. May anyone of
this employee go to court where the parricide case is
pending and testify against Y regarding the admission
made by Y to attorney X?
a. no because of the lawyer client privilege and there
is no exception to the rule
b. yes so long as the Y client consents if he does not
no
c. as a general rule no, unless attorney X gives his
consent
d. no, as a general rule, unless both attorney X and the
client Y give their respective consents
105. Assume in the above case, that Y was merely
planning to kill his own wife and he was just asking the
opinion of Attorney X how he could do it with legal
impunity. May attorney X this time go to court and
testify against Y?
a. no unless Y gives his consent
b. yes
c. no unless the employees of atty. X consents
d. no absolutely
106. Assume that parricide case is now under trial.
Attorney X felt insulted when Y after consulting him
about the case did not retain him as his defense
counsel in the parricide case despite Y’s representation
that he would get attorney X as defense lawyer. To get
even with Y, attorney X undertook the prosecution of
the case against Y in the same criminal case. What
crime did attorney X commit?
a. no crime
b. treachery
c. betrayal of trust of an attorney
11 | P a g e
d. unethical conduct and treachery by an attorney
107. Which of the following are elements of perjury?
A. the oath must be administered by an officer
competent to do so
B.the testimony or affidavit must have been made to
comply with a legal requirement i,e,,. It must be
required by law and must be under oath.
C. there must be testimony or a statement affidavit
made under oath.
D. the witness affidavit must have made willful or
deliberate assertion of falsehood on a material matter
subject of inquiry in that case.
E. ALL THE FOREGOING
108. X was brought before the municipal hall by angry
town’s people and every body was pointing at him and
cursing imputing to him that they caught him in the act
snatching the purse of a jeepney passenger. Despite of
these accusations X merely bowed his head and said
nothing. X silence is considered as:
a. admission by silence
b. exercise of his right to remain silent
c. extrajudicial confession
d. admission
109. X is an accused in a criminal case for rape. X tried
to settle the case with the family of the offended party.
X’s act of settling the case is:
a. an offer of compromise and implied admission
of guilt
b. an offer of compromise and is not an implied
admission of guilt
c. a quasi confession of guilt
d. an offer to settle the case to buy peace
Scenario
Alden was convicted for Homicide and was
sentenced to suffer an imprisonment from 14
years and 1 day to 17 years. While serving his
sentence he was allowed to escape from his cell.
110. If the offender is the custodian of the convicted
prisoner what crime was committed?
a. Delivering prisoners from jail
b. Evasion of service
c. Infidelity in the custody of prisoners
d. Other cases of evasion
111. If the offender is not the custodian at the time of
the escape of said prisoner, what crime was
committed?
a. Evasion of service
b. Delivering prisoners from jail
c. Infidelity in the custody of prisoners
d. Other cases of evasion
AMICI REVIEW CENTER
112. What is the liability of the convicted prisoner d. trial on merit
serving his sentence?
a. Evasion of service 119. Hon. Mayor Ato, while in office, unlawfully
b. Delivering prisoners from jail acquired various properties. Due to his connection, no
c. Consenting or conniving to evasion one filed a criminal case against him. And even if one
d. Evasion through negligence is filed, the crime is already prescribed. Can the state
still recover the unlawfully acquired properties of the
113. But the detention prisoner conspires with the one said mayor?
letting his escapes said is liable for as principal a. It depends
by indispensable cooperation. b. possible
a. Delivering prisoners from jail c. no
b. Infidelity in the custody of the prisoner d. yes
c. Evasion of service
d. Evasion through negligence 120. The accused was convicted and was sentenced to
suffer an imprisonment of 6 years and 1 day.
114. Suppose that Alden is a detention prisoner and Can the said accused file a petition for probation?
was allowed to eat and drink in a nearby restaurant on a. possible
several occasions. He is however well-guarded at al1 b. no
times. The warden allowed him to go out of his cell c. yes
without any consideration whatsoever. The warden d. It depends
may be charged with what crime?
a. Evasion of service of sentence 121. Under our existing criminal procedure, who
b. Evasion through negligence automatically enter a plea of not guilty if the accused
c. Conniving or consenting to evasion refuse to plea?
d. Infidelity in the custody of prisoner a. prosecutor
b. guardian
115. What is the liability of the jail guard if the evasion c. court
of a prisoner should take place through his d. defense lawyer
negligence?
a. delivering prisoners from jails 122. In the case of Evasion of service of sentence, the
b. evasion through negligence person who escaped from prison must have been
c. reckless imprudence convicted by final judgment and is serving what?
d. conniving with or consenting to evasion a. destierro
b. imprisonment
116. It is the way or method fixed by law for the c. penalty
apprehension and prosecution of persons suspected or d. banishment
having committed a crime. It includes the imposition of
penalty in case of conviction. What is it? 123. Under the penal laws and jurisprudence, all
a. Criminal procedure criminal prosecutions in the entire country shall be
b. Inquisitorial scheme done by the prosecutor. Is there an instant where a
c. accusatorial system private lawyer hired by the victim can prosecute a case
d. civil code even without the presence of the public prosecutor?
The answer is yes, however, the said private lawyer
117. Are search warrants by the courts of law always shall secure written authority from the city prosecutor
issued in the name of the Philippines? to what?
a. no a. Behave
b. it depends b. Defend
c. possible c. continue
d. yes d. prosecute

124. How many years is the prescriptive period on

118. After arraignment, the accused failed to appear in crimes punishable by correctional penal ties (not
the subsequent trial dates. The trial can proceed even exceeding 6 years)
in the absence of the accused and such situation is a. 15
termed as what? b. 2
a. absent accused c. 5
b. escaped accused d. 10
c. trial in absentia

12 | P a g e AMICI REVIEW CENTER

125. In putting up self-defense in criminal prosecution, 131. What kind of penalty shall be imposed if the
as prober, you have to determine the offense was committed by a member or a person who
existence of the most important element which is belongs to an organized syndicated crime group?
what? a. Maximum
a. deliberate b. minimum
b. actual killing c. minimum
c. motive d. death
d. unlawful aggression
132. In criminal law particularly in alarms and scandals,
126. A married man had sexual intercourse with this means a mock serenade of discordant voices or
another woman not his wife. The latter filed a case of sounds designed to deride or insult. It is called?
concubinage against the paramour of her husband a. Harana
only. Will that prosper? b. charivari
a. no c. chorus
b. yes d. videoke
c. it depends
d. possible 133. When one speaks of capital punishment or crime
with afflictive penalties, said crime is categorized as?
127. Pre-trial conference in criminal cases is a. Less grave
mandatory. One of the matters that should be taken b. serious
during the said proceeding is stipulation and admission c. grave
of facts. The purpose of entering into a stipulation or d. culpable
admission of facts is to what?
a. Ensure justice and fair play 134. When the judge directed the prosecutor to qualify
b. making sure of facts the witness', what does it mean? Witness is?
c. expedite trial a. To take an oath
d. Corroborate either side party b. An expert witness
c. Ready for trial
128. In the Philippines or even in other countries, crime d. Due for cross examination
or offense crimes or offense are committed either by
commission of an act or what? 135. If the motion to quash is based on an alleged
a. consummation defect in the complaint/information, the court shall
b. omission order its?
c. overt violation a. Amendment
d. intent b. accuracy
c. culpability
129. A barangay chairman, without any legal except in d. particulars
strong suspicion that the number one police character
in their area will commit a crime, detained the high risk 136. Under the rules of court, the lifetime of a search
suspect for 10 hour. Is there a crime committed and in warrant is how many days from its issuance?
the affirmative what? a. 5
a. Illegal detention b. 10
b. arbitrary detention c. 20
c. none d. 8
d. Expulsion without legal ground.
137. The accused pleaded guilty when arraigned.
130. Under the best evidence rule, the original1 However, since the charge is a capital offense, the
document must be produced whenever its content are court directed the prosecution to present its star
the subject of inquiry; a photocopy is not admissible witness. In the middle of the testimony of the
unless it is shown that the original copy is not available. eyewitness, the accused changed his mind and
The photocopy is what kind of evidence? requested the trial court to allow him to change his plea
a. Primary of guilty to not guilty. Is it legal?
b. tertiary a. No
c. secondary b. possible
d. last c. it depends
d. yes

13 | P a g e AMICI REVIEW CENTER

138. Under the territorial application of our criminal
law, every crime committed within the Philippines
territory is punishable. Supposing in a parachuting
competition in Subic, an American participant, while
2000 miles in the air, was shot to death by a Nigerian
rival can the latter be charged criminally in our
local court?
a. It depends
b. yes
c. no
d. possible
139. In the legal period of duration of divisible
penalties under art. 76 of the RPC there are 3 periods
and these are medium, maximum and what?
a. Fixed
b. reclusion
c. no
d. possible
140. A disposition wherein an accused, after conviction
and sentence is released subject to the condition
imposed by the court and into the supervision of a
probation officer is called?
a. Probation
b. executive clemency
c. parole
d. none
141. What do you call the wooden hammer 1ike
instrument being used by judges during hearings?
a. Gavel
b. shaver
c. swivel
d. mallet
142. A and B are best of friends.to seal their mutual
agreement that & come what may they will help each
other until death- they sealed their covenant with their
own blood. Frustrated because his sweetheart left him,
B asked A to push him immediately before the train
passes near their house and as a result, B died.
However, before B died, he thanked his best friend A
for a job well done. What is the crime committed?
a. Assisted in killing
b. Giving assistance to suicide
c. Death under tumultuous affray
d. No crime at all
143. Mendicancy law on the giving of small amounts of
money to street beggars is a special law. When
arrested for violating the said law, the suspect argued
that he should not be held liable because his motive is
not to violate the said law but to help the poor. Would
you still charge criminally the man with a soft heart for
the poor?
a. It depends
b. no because the motive is good
14 | P a g e
c. never
d. Yes
144. What is the stage of the proceedings in court
where the plea bargaining, stipulation of facts,
markings of exhibits, etc. are considered or discussed?
a. Pre-trial conference
b. Trial
c. Arraignment
d. Preliminary conference
145. In the classification of crimes according to nature,
whether mala in se or mala prohibita in the former,
what is the indispensable requirement, if there is any?
a. Intent
b. Nature
c. accidental
d. none
146. When in court, everyone including the police
officers are under obligation to show respect and
dignity to the court by always addressing the presiding
judge as what?
a. Your Honor
b. Your majesty
c. Justice
d. Sir
147. A was charged with homicide and after 10 years
of litigation, he was convicted and sentenced to suffer
18 years of imprisonment and a civil damage of Pl00,
000. 00. While on Appeal, he died of tuberculosis. His
death ended the imprisonment penalty. How about the
civil liability?
a. The obligation continues unless waived
b. Still with obligation
c. It depends on the outcome of the appeal
d. No more obligation
148. Generally, plea bargaining is made during what
stage of the criminal proceeding?
a. Pre-trial
b. Arraignment
c. trial-proper
d. promulgation
149. PO2 is a gifted man and is in fact considered by
many in their office as having a third eye. There was a
time when he said that there will be two kil1lings that
will take place that week and it happened.
In another instance, he predicted that a big fire will
happen and it did. Meanwhile, in his new place of
assignment, the cop claimed that in the house of a
certain Oscar, the said man has, in his custody and safe
keeping, a gold bar, a part of the Yamashita
treasure.as the only criminologist in the police office,
what shall you do to verify the said policeman?
a. Conduct surveillance
b. Ransack Oscar’s house
AMICI REVIEW CENTER
c. Require PO2 to have an oath
d. Apply for search warrant 156. In the study of criminal laws, specially laws
outside RPC, is good faith in committing a Crime
150. What is this stage of the proceedings in court against a special law a defense?
wherein the decision of the court in a case is being read a. Yes
in open court of a court personnel? b. It depends
a. Promulgation c. no
b. arraignment d. maybe
c. imposition
d. determination 157. In this crime, the proof needed for conviction is
by showing the purpose of the uprising; there must be
151. Contracting a second or subsequent marriage proof beyond reasonable doubt.
before the former marriage has been legally dissolved a. Rebellion
is what crime? b. Treason
a. Bigamy c. Coup d’etat
b. simulation d. Sedition
c. none
d. usurpation 158. The most important element in self- defense is
unlawful aggression. There can be no self-defense
152. Under the Rules on Summary Procedure, how unless the victim first commit unlawful aggression
many days is allowed for the courts to render against the person who resorted to what?
judgment? a. Treachery
a. 30 b. Self-defense
b. 15 c. killing
c. 40 d. self-denial
d. 20
159. A Couple had a bitter quarrel. Running after his
153. Insurrection as one of the crimes against public wife, the husband was seen by their son and the latter,
order, the principal1 objective of the movement is not in order to stop his father from hurting his mother, hit
to overthrow the government but to affect what kind his mother with a piece of wood fracturing his skull and
of changes in the government? causing his death. The son was charged with parricide.
a. Minor This is a classic sample of what
b. Specific kind of defense?
c. general a. Complete defense of mother
d. major b. None of these
c. Defense of relative
154. One day, a trying hard hold upper went to his d. Incomplete self defense
intended pawnshop target in Chinatown, Manila bur
upon seeing that his bare hands and a knife has no 160. In criminal law, in order to validly invoke
match to an armed security personnel thereat, excepting Circumstance, there must be absence of
voluntarily desisted. Investigated by a rookie prober what
but from the Manila’s finest, he argued that he should on the part of the invoker?
note be charged because while ne indeed had the a. Malice
intention to rob the shop it did not b. Freedom
materialize. The argument is correct because there was c. necessity
at that point what? d. aggravating
a. No loss whatsoever
b. A guard in the pawnshop 161. Under art. 125 of RPC how many hour shall a cop
c. Commotion deliver or file a case at the prosecutor’s office or
d. No overt act. municipal judge in crimes punishable with light
penalties?
155. May a potential accused be excluded from the a. 8
information or charge sheet to be utilized as a state b. 6
witness without the approval of the court? c. 12
a. Yes d. 18
b. It depends
c. no 162. Mutiny and piracy are practically the same. The
d. possible only difference is that in Mutiny, the offenders are

15 | P a g e AMICI REVIEW CENTER

passengers or crew members while in piracy, the a. A waiver
attackers are what to the vessel? b. A denial
a. crew members c. An admission
b. officers d. A deferment
c. passengers
d. strangers 169. Minority is considered either as circumstance.
a. A justifying or mitigating
163. If an unlawful aggressor runs away from the crime b. An aggravating or justifying
scene because the weapon on his possession he also c. An exempting or mitigating
intended to use in a fight was already taken from him d. An aggravating or exempting
by his adversary, can the latter validly invoke self-
defense if and when he still killed the said fleeing man? 170. The disposition of the court regarding the
a. Yes. culpability of the accused in the case including the
b. It depends penalty to be imposed is known as:
c. no a. Termination
d. possible b. Order
c. Judgment
164. The mental capacity of a minor to fully appreciate d. Motion
the consequences of his unlawful act, which capacity
maybe known and should be determined by taking into 171. Republic Act 8177 is otherwise known as the law
account all the facts and circumstances afforded by the designating:
records in each case is what we call? a. Crimes as heinous
a. Incapacity b. Certain acts as constituting hazing
b. Culpability c. Cases with the jurisdiction of the MTC
c. discernment d. Lethal injection
d. determination
172. The motion for leave of court to file demurrer to
165. The crimes of piracy and brigandage are qualified evidence shall be filed within period of 5 days after the
and provided with greater penalties if this prosecution rests its case.
crime is also committed on the occasion of the said a. a non-extendible
crimes. Which of the herein crimes is that? b. the extra
a. Robbery c. the required
b. Grave slander d. an extendible
c. rape
d. estafa 173. When fire is used with the intent to kill a particular
person who may be in a house and that
166. In searching domicile under art. 130 of ne RPC, if objective is attained by burning the house, the crime is
owner of the house or any member or the family is not a. Murder only
around, how many witness residing in that area is b. Arson with Homicide
required in order to have a valid search? c. Arson only
a. 3 d. Homicide with Arson
b. 1
c. 4 174. Kupal is a Japanese citizen who had resided in
d. 2 Pangasinan for 30 years. When Japan declared war
against the Philippines. Kupal and his numerous
167. Which of the following is an exempting Japanese friends attacked a military detachment
circumstance? When the crime is committed by a manned by Filipino soldiers. What crime did Kupal
person commit?
a. who had no intention to commit so grave a wrong a. Rebellion
as that committee b. Treason
b. who acts under the compulsion of an irresistible c. Espionage
force d. Levying war
c. who acted with abuse of confidence or obvious
ungratefulness 175. Benigno is a sugarcane planter in Hacienda
d. in contempt of public authorities Ymana. He nurtured a grudge and ill feeling against
Don Geraldo, the owner of the hacienda because he
168. When offered evidence is not objected, such had not been giving his workers their due share and
failure to object amounts to.

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benefits. Benigno attacked Don Geraldo with fist blows d. Exempted
and kick blows. What crime did Benigno
commit? 183. When the accused is completely deprived of
a. Direct Assault reason or discernment or freedom of the wil1 at the
b. Homicide time of committing the crime, it is said that is present.
c. Attempted Homicide a. Insanity
d. Physical Injuries b. Lack of skill
c. Status
176. In the crime of making and importing and uttering d. Aberration
false coins, the following elements must be
present EXCEPT: 184. Imbecility us exempting in all cases while insanity
a. There be genuine coins is not if the offender committed the crime during a lucid
b. There be false or counterfeited coins interval. This statement is correct.
c. In case of uttering, the offender connived with the a. False
counterfeiters b. True
d. The offender made, imported or uttered such coins c. Partly true
d. Partly false
177. The following are considered in determining the
sufficiency of the information EXCEPT 185. The following are aggravating circumstances
a. Name of the clerk of court EXCEPT:
b. Acts complained of a. A crime is committed in a place dedicated to religious
c. Designation of the offense worship
d. Date of commission of the offense b. Taking advantage of his public position by the
offender
178. Maltreatment of prisoners is qualified if the c. Act is committed with insult to public authorities
purpose is to extort: d. The offender is deaf and dumb
a. A confession
b. Ransom 186. Intellectual property violations is defined and
c. Evidence penalized under Republic Act
d. Money a. 9346
b. 8551
179. The Bouncing Check Law is covered by the rules c. 8293
on: d. 7695
a. Regular procedure
b. Pre-trial 187. An admission by a conspirator is admissible
c. Preliminary investigation against his co-conspirator if the following are
d. Summary procedure present EXCEPT if the:
a. Admission relates to the conspiracy
180. If no appeal is made, a judgment becomes final b. Admission was made extra judicially
after days from its promulgation c. Conspiracy is shown by evidence other than the
a. 30 admission
b. 15 d. Admission was understood
c. 20
d. 60 SITUATION
Mr. Berks is a friend of Mr. Nagplano, Kasabwat,
181. At present, one of the following is NOT authorized Kasama at Kakosa. One night, Mr. Berks said
to conduct preliminary investigation four
a. Prosecutor (4) friends met at his house to plan a robbery.
b. Judges Mr. Berks begged off to join the talks because
c. Assistant city prosecutor he has a
d. State prosecutor foot injury, telling them that he wil11 just be a
liability to them. The foursome carried out the
182. Offenders are from criminal 1iability if they are plan and all of them, including Mr. Berks were
completely wanting in discernment at the time arrested.
that they committed the offense.
a. Justified 188. In this case, conspiracy may be appreciated
b. Mitigated against Mr. Berks. This statement is correct.
c. Aggravated a. True

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b. False c. Robbery is committed by Mr. Pikon because he
c. Partly false removed the sidings of the house
d. Partly true d. Malicious mischief is committed by Mr. Pikon
because he deliberately caused damage to the sidings
189. The robbery in this case may be considered to of the house
have been committed by a band because there
are four (4) malefactors. This statement is: 195. To constitute malicious mischief, any of the
a. Partly true following requisites must be present EXCEPT:
b. Partly false a. The offender deliberately caused damage to
c. False another's property
d. True b. He damage the property merely for the sake of
damaging it
190. It can be said in this case that Mr. Berks conspired c. The act does not constitute arson
with his four (4) friends to commit an offense. d. The offender deliberately caused damage to his own
This statement is: property
a. True
b. False 196. In a murder case, Po1 Imbestigador presented a
c. Partly true knife to prove that it was the same knife used by Mr.
d. Partly false Siga in killing Mr. Biktima. Mr. Siga admitted it was the
knife he used in the killing. The court admitted the
191. Mr. Berks can be said to have conspired with his knife as evidence without exercising its power to see
four (4) friends because of his association with them for itself the relevancy of the knife.
and because he allowed them to hatch their plan in his The discretion of the court in not exercising its power
house. This statement is: of senses is incorrect. This statement is:
a. Partly true a. Partly true
b. False b. True
c. Partly false c. Partly false
d. True d. False

SITUATION 197. Under the Rules of Evidence, the knife used by

Mr. Pikon is angry with Mr. Alaskador. One day,
when Mr. Alaskador left for town. Mr. Pikon
went to his nipa hut and deliberately damaged
and removed the sawali sidings of Mr.
Alaskador’s house.
Contented with the damage and he was about
to leave the scene when he decided that he
could use the sidings of Mr. Alaskador’s house to
repair his house so, he took it home.
192. Mr. Pikon is liable for:
a. Malicious mischief
b. Destruction of property
c. Theft
d. Robbery
Mr. Siga in killing Mr. Biktima is called
a. Relevant
b. Object
c. Physical
d. Collateral
198. To be state witness, one of the accused must
voluntarily execute a sworn statement in support
of his discharge. If the court denies the motion to
discharge said accused filed before the prosecution
rest its case, his sworn statement shall be as
a. Admissible in evidence.
b. Inadmissible evidence.
c. Admitted as material evidence.
d. Conditionally admitted as material evidence.

193. One of the following statements is true Mr. Pikon 199. The number of days the accused has to prepare
is for trial after a plea of not guilty is entered.
a. Liable for malicious mischief a. At least 30 days
b. Not liable for any crime b. At least 15 days
c. Liable for robbery c. At least 20 days
d. Liable for theft d. At least 60 days

194. One of the following statements is true:
a. Mr. Pikon is not liable for any crime
b. Theft is committed by Mr. Pikon because he used
the sidings of the house after having maliciously
damaged it
200. The trial shall commence:
a. Within 30 days from receipt of the pre-trial order.
b. Within 45 days from receipt of the pre-trial order.
c. Within 20 days from receipt of the pre-trial order.
d. Within 15 days from receipt of the pre-trial order.

18 | P a g e AMICI REVIEW CENTER

 b. Acquittal
201. The status of an essential witness whenever his c. Interlocutory
whereabouts are unknown or his whereabouts d. Judgment
cannot be determined by due diligence.
a. Unavailable 208. In criminal law, when one speak of capital
b. Absent offense, it connotes that an offense wherein the
c. Hostile imposable penalty when committed as charged is
d. Adverse what?
a. divisible
202. One reason for the re-opening of trial of a case. b. indivisible
a. The case is appealable c. prision mayor
b. Newly discovered evidence d. reclusion perpetua
c. The appearance of an essential witness
d. To avoid miscarriage of justice upon motion and with 209. Prescription of crimes under art 90 of the RPC
hearing refers to the period or years where the state can
no longer file a criminal case. In crimes punishable by
203. After the prosecution rested its case, the accused life imprisonment, how many years are required
f1led a demurrer to evidence. Would double jeopardy to pass before the state can no longer validly file the
be a valid defense if he charged again with the same case.
offense against? a. 20
a. Yes, because the dismissal is tantamount to b. 30
acquittal. c. 10
b. Yes, the case was not terminated on its own merits. d. 15
c. No, because the dismissal is with his consent or upon
his own motion. 210. In the prescription of an offense, the period of
d. No, the case was not terminated on its merits hence prescription shall start to run on the day on which
double jeopardy is not a valid defense. the crime is what?
a. Planned
204. After the prosecution has rested its case, the b. discovered
accused file a motion to dismiss, with or without c. filed
leave of court; this rule is known as d. investigated
a. Bill of particulars
b. Demurrer to evidence 211. In the legal period of duration of divisible
c. Summary proceeding penalties under art. 76 of the RPC, there are 3 periods
d. Motion to quash and these are medium, maximum and what?
a. Fixed
205. The entire trial period should not exceed _______ b. reclusion
from the first day of trial, except if authorized c. none
by special Law or by the SC circulars. d. possible
a. 120 days
b. 90 days 212. After the decision was rendered by the court
c. 180 days disposing of the case, which of the following remedies
d. 60 days allows the presentation of new evidence?
A. motion for reconsideration
206. As a general rule, the silence of the accused B. motion for new trial
should not prejudice him the following are C. notice of appeal
exception: D. petition for review
a. If the prosecution has already established a prima
facie case 213. Which of the following facts needs evidence?
b. If the defense of the accused is an alibi A. acts of legislature
c. All of the above B. laws of nature
d. None of the above C. crime committed
D. territory of the Philippines
207. It is the adjudication by the court that the accused
is guilty or not guilty of the offense charged, 214. The following are the elements of dying
and the imposition of the proper penalty and civil declaration, except the ______
liability provided for by law on the accused. A. a declaration is in connection with a startling
a. Sentence occurrences or equivocal actions

19 | P a g e AMICI REVIEW CENTER

B. the declarant is competent to testify. 220. The prosecution shall offer the testimony of its
C. declaration pertains to facts or circumstances witness during at_________________.
surrounding the declarant’s death a. the time the exhibit are formally offered
D. declarant must eventually die b. the time the prosecution witness is called to testify
c. the time as ordered by the court to offer the
215. The accused is being charge for light felony which testimony
has alternative penalty of payment of fine not d. the time the exhibits are identified and marked.
exceeding p200.00. He has been detained in jail for
more than 1 month. The prosecutor opened up the 221. When in the commission of the crime, the exercise
possible plea of guilty. What options of advice can you of freedom action is absent, which of the following is
give the accused? the applicable modifying circumstances?
A. that if he pleads guilty, the penalty will be fine of A. alternative
p200.00 or less and he will be released already. B. exempting
B. all of these C. mitigating
C. that if he pleads guilty, he is deemed guilty and his D. justifying
conviction will be entered in the record of the court.
D. that if he pleads guilty, considering that he had been 222. If the original of the document cannot be
detained for more than 1 month, he will be released presented in court, what is this documentary evidence
already. that may be presented in court?
A. photocopy evidence
216. The accused with lewd design brought the woman B. replacement evidence
who is a minor in a secluded place but with the consent C. primary evidence
of the latter. The accused is liable for the crime D. secondary evidence
of__________
A. forcible abduction 223. Which of the following is not a source of criminal
B. qualified abduction law?
C. simple seduction A. special penal laws
D. consented abduction B. resolution
C. ordinances
217. The arraignment and pre-trial has been D. revised penal code
terminated. When is the time for the defense to
present its witness? 224. Which of the following are the elements of
A. as may be ordered by the court mistake of facts?
B. after the prosecution has offered its exhibits. I- That the act done would have been lawful has the
C. after the prosecution has rested its case. facts been as accused believed them to be.
D. as may be agreed during pre-trial. II- that the intention of the accused in performing the
act should be lawful.
218. The form of evidence that is consisting of letters, III- that the mistake must be without fault or
symbols, numbers, or any inscription is__________ carelessness on the part of the accused.
evidence. A. II, III
A. newsletter B. I, II, III
B. newspaper C. I, II
C. books D. I, III
D. documentary
225. The following are considered an original of a
219. The crime committed is punishable with a penalty document:
of one year and below, the complainant and the I- An entry repeated in the course of business, one
suspect without a warrant. How would you best deal being copied from another at or near the time of the
with the situation? transaction.
A. I will handle the forced mediation and conciliation II- a carbon copy of any document resulting from the
between the parties. same stroke of the handwriting
B. Arrest the offender without a warrant since there is III- any copy of a document executed in triplicate
a complainant. copies at or the same time.
C. Suggest that the parties bring the issue before the A. II, III
barangay for conciliation proceedings. B. I, III
D. None of the above C. I, II
D. I, II, III

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226. Whenever a new statute dealing with crime a. The crime is theft
establishes conditions more lenient or favorable to the b. The crime is robbery
accused, it can be given a c. The crime is unjust vexation
a. Retroactive effect d. No crime as the taking was with his consent
b. Proactive effect
c. Lenient effect 233. Where the finder of the lost or mislaid
d. Benefit of the doubt property entrusts it to another for delivery to a
designated owner, the person to whom it is thus
227. May the crime of coup d'état be possibly confided, assumes by voluntary substitution, as to both
committed by a single person? the property and the owner, the same relation as was
a. No occupied by the finder. If he misappropriates it, the
b. Maybe crime is:
c. Yes a. Swindling
d. It depends b. Theft
c. Robbery
228. Totoy demanded from the victim “tol pera d. Malversation
pera lang to dahil kailangan lang. The victim refused to
part with his earnings and resisted. He even tried to 234. When a lawyer pretending to verify a certain
get out of the taxicab but Totoy pulled him back and pleading in a case pending before a court, borrows the
stabbed him. Randy, Rot-Rot and Jon-Jon followed suit folder of the case and removes or destroys a document
and stabbed the victim with their bladed weapons. The which constitutes evidence in the said case is guilty of:
victim was able to flee from the vehicle without a. Theft
anything being taken from him. The robbery in this b. Robbery
case is: c. Infidelity in the custody of documents
a. Attempted d. Estafa
b. Frustrated
c. Consummated 235. After the conviction at the regional trial court, bail
d. None of the above is________________
A. a matter of right of the convict
229. If a victim parts with his money, in a sense, B. discretionary to the convict
voluntarily then the crime is: C. discretionary to the court
a. Robbery D. granted before conviction contentious
b. Bribery
c. Grave Coercion 236. The accused with lewd design brought the woman
d. Grave Threats who is a minor in a secluded place but with the consent
of the latter. The accused is liable for the crime
230. In robbery with homicide, the law requires of__________.
that the homicide be committed with intent to kill. A. simple seduction
a. True B. consented abduction
b. False C. forcible abduction
c. Partially True D. qualified abduction
d. Partially False
237. If factum probans refers to evidentiary fact,
231. Suppose the victims were killed with factum probandum refers to____________.
treachery and not for the purpose of committing A. facts in issue
robbery and the idea of taking the money and other B. ultimate facts
personal property of the victims was conceived by the C. evidentiary issue
culprits only after killing. The crime committed in this D. main issue
case is?
a. Homicide 238. Intelligence is an element of felony. To prove
b. Robbery murder and theft is otherwise, is to prove the
c. Robbery and Murder correct answer accused is _______________.
d. Robbery with Homicide A. under the concept of mistake of fact
B. deprive of cognition when the crime was committed
232. While praying in church, A felt and saw his C. under the compulsion of an irresistible force
wallet being taken by B, but because of the solemnity D. under the concept of mistake of identity
of the proceedings, did not make any move; while the
taking was with his knowledge. Here:

21 | P a g e AMICI REVIEW CENTER

239. Intelligence is an element of felony. To prove B. accessory
otherwise, is to prove the C. principal
accused is _______________. D. conspiracy
A. under the concept of mistake of fact
B. deprive of cognition when the crime was committed 246. The crime of robbery, in general, is committed
C. under the compulsion of an irresistible force when the accused shall take the________.
D. under the concept of mistake of identity A. personal property of another by means of violence
or intimation
240. Which of the following acts in the development of B. real property of another by means of violence or
crime is NOT punishable by law? intimidation
I - internal acts to commit a crime II - external acts to C. property of another by means of hold-up
commit a crime D. property of another without the consent of the latter
III - motivating acts to commit a crime
A. II, III 247. A person committed the crime of murder, he has
B. I, III committed___________.
C. I, II A. a felony
D. I B. an offense
C. a crime
241. Which of the following are the two acts in the D. an act or omission
development of the crime that a person passes
through? 248. Which of the following is not one of the conditions
I - internal acts to commit a crime II - external acts to in order that the criminal law may not be given
commit a crime retroactive application?
III - motivating acts to commit a crime A. the offender is a first time offender
A. I, II B. the criminal law is favorable to the accused C. there
B. I, II, III must be a valid criminal law
C. I, III D. the offender is not habitual delinquent
D. II, III
249. The law enacted by congress that imposes a
242. For testimony to be admissible, it has to be based penalty, other than the revised penal code
on_______________. is_________.
A. personal knowledge A. ordinance
B. hearsay evidence B. statute
C. object evidence C. criminal code
D. documentary evidence D. special penal laws

243. When shall provisional dismissal of offense 250. For a person to be held criminally liable, his
punishable by imprisonment not exceeding (6) years unlawful act must be the ____________ of the injury
become permanent? inflicted.
A. three years A. causal connection
B. one year B. proximate cause
C. one century C. intervening cause
D. two years D. probable cause

244. Which of the following is a crime of mala in se?

A. Offenses punished by the revised election code, a
special law, for the omission or failure to include a
voter’s name in the registry list of voters.
B. Violation of comprehensive dangerous drug act
C. Illegal possession of firearms
D. Offenses defined and punished by the revised penal
code

245. When two persons committed the crime by

directly taking part to the accomplishing the same
crime, both accused is criminally liable
as_______________.
A. accomplice

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