Republic of the Philippines

MOUNTAIN PROVINCE STATE POLYTECHNIC COLLEGE

Bontoc Campus
Bontoc, Mountain province

CRIMINAL JURISPRUDENT AND PROCEDURE

Criminal Procedure
Mockboard Examination

GENERAL INSTRUCTION:
❖ Write your SCHEDULE, SUBJECT, DATE and OTHER NECESSARY INFORMATION in the
spaces provided for you.
❖ MISSPELLED ANSWERS, ALTERATION, OBLITERATION, ERASURES and OTHER FORMS are
considered wrong.
❖ In writing your name start with your LAST NAME, followed by FIRST NAME them MIDDLE
INITIAL
❖ Make use of PERMANENT INKS in answering, DO NOT USE PENCILS.
❖ Write your answers on the ANSWER SHEET provided for you.
❖ READ AND SCRUTINIZE the question before answering.
❖ CHEATING and similar forms are PROHIBITED.
❖ Keep your papers NEAT AND CLEAN.
❖ Write in READABLE MANNER.

THE ONLY WAY NECESSARY FOR EVIL TO PREVAIL IS WHEN GOOD MEN DO NOTHING
-Edmund Burke

Test 1. Multiple-choice: Choose the correct answer in each item and place your answers on the
answer sheet that is provided for you. (100 items, 100 pts.)

1. An accused may move for the suspension of his arraignment if:

A. A motion for reconsideration is pending before the investigating prosecutor.
B. Accused is bonded and his bondsman failed to notify him of his scheduled arraignment.
C. A prejudicial question exists.
D. There is no available public attorney.

2. After a plea of not guilty is entered, the accused shall have _____ days to prepare for trial.
A. 15 C. 30
B. 10 D. None of the above.

3. A judgment of conviction in a criminal case becomes final when:

A. Accused orally waived his right to appeal.
B. Accused was tried in absentia and failed to appear at the promulgation.
C. Accused files an application for probation.
D. Reclusion perpetua is imposed and the accused fails to appeal.

4. Cesar, age 16, a habitual offender, was caught in possession of .001 grams of marijuana. He was
charged for violation of Sec. 16 of R.A. 9165, The Comprehensive Dangerous Drugs Law. Which
of the following court has jurisdiction over the case?
A. the MTC C. Special Drugs Court
B. the RTC D. Family Court

5. John raped Juana. The victim got pregnant and gave birth to a child. What is the quantum of
evidence needed in order to reverse the presumption that John is the father of the child?
A. Proof Beyond Reasonable Doubt C. Preponderance of Evidence
B. Clear and Convincing Proof D. Substantial Evidence.

6. What if the accused is a high ranking official of the PNP and the victim files a case for support
and recognition. What is the degree of proof needed?
A. Proof Beyond Reasonable Doubt C. Preponderance of Evidence
B. Clear and Convincing Proof D. Substantial Evidence.

7. If the absentee was a pilot of the Philippine Army vacationing in Zamboanga when went missing,
how many years of absence is needed so his wife can marry again?
A. 4 C. 7
B. 5 D. 10

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8. What is burden of proof?
A. The duty to present evidence.
B. The obligation of the prosecution to convict the accused.
C. The duty of the defense counsel to acquit the accused.
D. The duty to present evidence required to support an allegation.

9. The obligation of a party to prove his/her allegations by the amount of evidence needed.
A. Degree of Proof C. Onus Pribandi
B. Burden of Proof D. Proof of Claim

10. It is an assumption as the existence of fact based on another established fact.

A. Assumption C. Disputable
B. Presumption D. Proof

11. Degree of proof that produces conviction in an unprejudiced mind.

A. Proof beyond reasonable doubt C. Preponderance of evidence
B. Clear and convincing proof D. Substantial evidence.

12. Relevant evidence that a reasonable mind might accept as adequate to support a conviction.
A. Proof beyond reasonable doubt C. Preponderance of evidence
B. Clear and convincing proof D. Substantial evidence.

13. What is moral certainty?

A. Proof beyond reasonable doubt C. Preponderance of evidence
B. Clear and convincing proof D. Substantial evidence.

14. Evidence which is superior to that offered in opposition to it.

A. Proof beyond reasonable doubt C. Preponderance of evidence
B. Clear and convincing proof D. Substantial evidence.

15. The city prosecutor charged Ben with serious physical injuries for stabbing Terence. He was tried
and convicted as charged. A few days later, Terence died due to severe infection of his stab
wounds. Can the prosecution file another information against Ben for homicide?
A. Yes, since Terence’s death shows irregularity in the filing of the earlier charge against him.
B. No, double jeopardy is present since Ben had already been convicted of the first offense.
C. No, there is double jeopardy since serious physical injuries is necessarily included in the
charge of homicide.
D. Yes, since supervening event altered the kind of crime the accused committed.

16. Arturo was caught in flagrante delicto selling drugs for P200,000.00. The police officers
confiscated the drugs and the money and brought them to the police station where they prepared
the inventory duly signed by police officer Pablito. They were, however, unable to take pictures of
the items. Will this deficiency destroy the chain of custody rule in the drug case?
A. No, a breach of the chain of custody rule in drug cases, if satisfactorily explained, will not
negate conviction.
B. No, a breach of the chain of custody rule may be offset by presentation in court of the
drugs.
C. Yes, chain of custody in drug cases must be strictly observed at all times to preserve the
integrity of the confiscated items.
D. Yes, compliance with the chain of custody rule in drug cases is the only way to prove the
accused’s guilt beyond reasonable doubt.

17. What is the effect of the failure of the accused to file a motion to quash an information that
charges two offenses?
A. He may be convicted only of the more serious offense.
B. He may in general be convicted of both offenses.
C. The trial shall be void.
D. He may be convicted only of the lesser offense.

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18. When may an information be filed in court without the preliminary investigation required in the
particular case being first conducted?
A. Following an inquest, in cases of those lawfully arrested without a warrant.
B. When the accused, while under custodial investigation, informs the arresting officers that
he is waiving his right to preliminary investigation.
C. When the accused fails to challenge the validity of the warrantless arrest at his
arraignment.
D. When the arresting officers take the suspect before the judge who issues a detention order
against him.

19. Which of the following is considered an extension of the Philippine territory?

A. Mindanao Islands
B. Residence of President Duterte in the U.S.
C. Phillippine Warship Vessels
D. Spratly’s Island

20. During the pendency of his criminal case, Jason died due to heart attack. His untimely death
will result in which of the following?
A. Termination of the proceedings
B. Postponement of the case
C. Suspension of the case
D. Dismissal of the case for lack of respondent

21. When can a private prosecutor be allowed to prosecute?

A. Under the authority of the Department of Justice Secretary
B. When done under authority of the public prosecutor
C. Under the control and supervision of the public prosecutor
D. Done under the supervision of the regional prosecutor

22. Which of the following correctly states a requirement for an accused to discharged as a state
witness?
A. He appears to be the least guilty
B. He does not appear to be the most guilty
C. Not more than two accused can be state witness
D. He seems to be not guilty

23. What kind of motion may be availed of any time before arraignment?
A. Motion To Dismiss C. Motion To Review
B. Motion For Reconsideration D. Motion To Quash

24. At what time may the accused move to quash the complaint or information?
A. At any time before his arrest
B. Only after entering his plea
C. Any time before entering his plea
D. Monday morning

25. The process whereby the accused and the prosecutor in a criminal case work out a mutually
satisfactory disposition on the case subject to court approval.
A. Arraignment C. Preliminary Investigation
B. Plea Bargaining D. Trial

26. The security given for the release of a person in custody, furnished by him or a bondsman,
conditioned upon his appearance before any court as required under the conditions specified by
law.
A. Subpoena C. Bail
B. Recognizance D. Warrant

27. The examination before a competent tribunal, according to the laws of the land, of the acts in
issue in a case, for the purpose of determining such issue.
A. Trial C. Pre-Trial
B. Arraignment D. Judgment

28. The adjudication by the court that the accused is guilty or is not guilty of the offense charged,
and the imposition of the proper penalty and civil liability provided for by law on the accused.
A. Trial C. Arraignment
B. Pre-Trial D. Judgment

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29. This right of the accused is founded on the principle of justice and is intended not to protect the
guilty but to prevent as far as human agencies can, the conviction of an innocent person.
A. Right to Due Process Of Law C. Right to Remain Silent
B. Presumption of Innocence D. Right Against Self-Incrimination

30. After a plea of not guilty is entered, the accused shall have __________ to prepare for trial. The
trial shall commence within thirty (30) days from receipt of the pre-trial order.
A. at least 5 days C. at least 15 days
B. at least 10 days D. at least 20 days

31. At what time may the accused move to quash the complaint or information?
A. At any time before his arrest C. Any time before entering his plea
B. Only after entering his plea D. At any time before trial commences

32. The process whereby the accused and the prosecutor in a criminal case work out a mutually
satisfactory disposition on the case subject to court approval.
A. Arraignment C. Preliminary Investigation
B. Plea Bargaining D. Trial

33. The security given for the release of a person in custody, furnished by him or a bondsman,
conditioned upon his appearance before any court as required under the conditions specified by
law.
A. Subpoena C. Bail
B. Recognizance D. Warrant

34. The examination before a competent tribunal, according to the laws of the land, of the acts in
issue in a case, for the purpose of determining such issue.
A. Trial C. Pre-Trial
B. Arraignment D. Judgment

35. The adjudication by the court that the accused i9s guilty or is not guilty of the offense charged,
and the imposition of the proper penalty and civil liability provided for by law on the accused.
A. Trial C. Arraignment
B. Pre-trial D. Judgment

36. It is an inquiry or proceeding for the purpose of determining whether there is sufficient ground
to engender a well-founded belief that an offense has been committed and the offender is probably
guilty thereof and should be held for trial.
A. Pre-trial C. Preliminary investigation
B. Arraignment D. Plea bargaining

37. A proceeding for review by which the whole case is transferred to a higher court for a final
determination.
A. New Trial C. Appeal
B. Reconsideration D. Appellate Review

38. An adjudication by the court that the accused is guilty or not guilty of the charge.
A. Appeal C. Promulgation
B. Judgment D. Finality of Judgment

39. A motion to dismiss filed by the accused after the prosecution has rested its case based on
insufficiency of evidence.
A. Motion to Quash C. Demurrer to Evidence
B. Motion to Dismiss D. Burden of Proof

40. Quantum of proof needed to convict an accused.

A. Burden of proof C. proof beyond reasonable doubt
B. Evidence D. Guilty

41. Burden of proof in criminal cases.

A. Guilty C. Burden of Proof
B. Not Guilty D. Proof Beyond Reasonable Doubt

42. The examination before the court of the facts put in issue for its determination.
A. Preliminary investigation B. Pre-trial Conference

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 C. Trial D. Investigation

43. Its purpose is to arrive at a judgment on whether the accused is guilty or not.
A. Investigation C. Pre-trial
B. preliminary investigation D. trial

44. How many days shall the accused prepare for trial?
A. 30 days from arraignment C. 30 from receipt of pre-trial order
B. 15 days from arraignment D. 15 days from receipt of trial order

45. Trial will start within how many days from receipt of the pre-trial order?
A. 30 days from arraignment C. 30 from receipt of pre-trial order
B. 15 days from arraignment D. 15 days from receipt of trial order

46. Stage of the proceeding where plea-bargaining may be conducted.

A. Arraignment C. Pre-Trial
B. Pre-Trial Conference D. Preliminary Trial

47. Stage of the proceeding where the witnesses are examined and cross-examined.
A. Arraignment C. Pre-trial
B. Trail D. Plea-bargaining

48. Stage of the proceeding where amicable settlement may be had.

A. Arraignment C. Pre-trial
B. Trail D. Plea-bargaining

49. Its very purpose is to expedite the proceedings.

A. Plea-bargaining C. Trial
B. Arraignment D. Pre-trial

50. Process of invoking by the accused whether he pleads guilty or not guilty to the offense.
A. Plea C. Pre-trial
B. Arraignment D. Confession

51.It arises when two persons come to an agreement concerning the commission of a felony and
decide to commit it.
A. Syndicate C. Conspiracy
B. Organized D. Proposal

52."Aberratio ictus" has the same means as

A. mistaken identity C. results are less than intended
B. mistake in the blow D. neither

53.The failure to perform a positive duty which one is bound to.

A. negligence C. omission
B. imprudence D. act

54.What if she wants to file a petition for legal separation on the ground of Physical abuse, what
degree of proof is required?
A. Proof beyond reasonable doubt C. Clear and convincing proof
B. Preponderance of evidence D. Substantial evidence

55.Those who, not being principals cooperate in the execution of the offense by previous or
simultaneous acts.
A. accomplices C. principal actors
B. suspects D. accessories

56.When the offender enjoys and delights in making his victim suffer slowly and gradually, causing
him unnecessary physical pain in the consummation of the criminal act.
A. ignominy C. treachery
B. cruelty D. scoffing

57.Circumstances wherein there is an absence in the agent of the crime any of all the conditions that
would make an act voluntary and hence, though there is no criminal liability there is civil
liability.
A. exempting B. alternative

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 C. justifying D. aggravating

58.Circumstances wherein the acts of the person are in accordance with the law, and hence, he
incurs no criminal and civil liability.
A. exempting C. justifying
B. alternative D. aggravating

59.Facundo saw Mark attacking his own (Mark’s) wife with a Rambo knife. Facundo approached Mark
and struggled for the possession of the weapon, in the course of which Facundo killed Mark.
What justifying circumstance is present?
A. Defense of Stranger C. Self-Defense
B. Defense of Relative D. Avoidance of Greater Evil of Injury

60.When Pedro kills Peter because Peter is beating his own wife what kind of justifying circumstance
will that be?
A. Self-defense C. Defense of a stranger
B. Defense of a relative D. Battered Woman Syndrome

61.Which one is an exception to the territorial application of Criminal Law?

A. Law is given retroactive effect.
B. Law of preferential application.
C. Bill of Attainder.
D. While being public officers or employees, should commit an offense in the exercise of their
functions.

62.The legal term “DELITO COMPUESTO” is best described as

A. Two acts producing two or more grave or less felony.
B. A crime as a necessary means of committing another crime.
C. A single act producing two or more grave or less felony.
D. A single act producing two or more light felonies.

63.Berto unlawfully shot to death Facundo while the latter was at his brother’s house. What
aggravating circumstance is present?
A. Disregard of sex C. Dwelling
B. Nighttime D. Superior strength

64.Before killing his victim, Abel drank gin to make him bolder in the commission of the crime. What
alternative circumstance is present?
A. Age and Rank C. Intoxication
B. Education D. Relationship

65.Bentong, thinking that the person walking in a dark alley was Emilio, his bitter enemy, fired at
that person, who was killed as a result. It turned out that the victim was Bentong’s own father.
There was ____________.
A. Error in personae C. Aberratio ictus
B. Praeter intentionem D. Complex crime

66.Criminal liability is partially extinguished by _____________.

A. Serving completely the sentence C. Amnesty
B. Conditional Pardon D. Parole

67.Which of the following statements best defines “IMPUTED NEGLIGENCE?”

A. Negligence that was cut-off.
B. That the parents of the minor are presumed negligent if the minor staying with them
commits a crime.
C. Crime that can be avoided.
D. Felony committed through negligence.

68.What is the legislative action that punishes without trial?

A. Ex-post facto law C. Unconstitutional law
B. bill of attainder D. penal attainder

69.What is the stage of the commission of a felony when all the elements necessary for its execution
and accomplishment are present?
A. attempted C. frustrated
B. consumated D. enumerated

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70.This is incurred by a person committing a felony although the wrongful act done by different from
what he intend to do.
A. Felony C. criminal liability
B. offense D. civil liability

71.What crime is committed when A, while driving a truck, ran over a girl crossing the street during
a torrential rain and the girl died?
A. homicide
B. reckless imprudence resulting in homicide
C. serious physical injury
D. murder

72.What crime is committed against mankind, and whose jurisdiction consequently recognizes no
territorial limits?
A. piracy C. human trafficking
B. genocide D. mutiny

73.Armando, the neighbor of Baldo, shot the pig of Baldo which was eating Armando's camote plants.
Armando thereafter cook the pig's meat (pork) and consumed the same. What is Armando liable
for?
A. Theft of animal C. cruelty to animals
B. violation of Anti-Cattle Rusting Law D. malicious mischief

74.A, with intent to kill, fired a revolver at B. He inflicted a fatal wound. A brought B to a hospital,
and due to timely medical assistance, B survived. What crime did A commit?
A. physical injuries C. attempted homicide
B. frustrated homicide D. frustrated murder

75.Boyet is less than three days old. He is a child of Bert by his paramour Yassey. Boyet is killed by
Bert to prevent his discovery by Bert's legitimate wife, Zenka. What crime was committed by
Bert?
A. homicide C. infanticide
B. murder D. parricide

76.Anna and Berto, living together as husband and wife, but not married. Anna killed Berto. What
crime did Anna commit?
A. murder C. homicide
B. murder D. parricide only

77.Mario with intent to kill Baldo, burned the house of Baldo. Baldo died. What crime did Mario
commit?
A. arson with murder C. arson
B. murder D. arson with homicide

78.Josh stabbed Olaf three times resulting in Olaf’s death. Due to circumstantial evidence presented,
it found out that Olaf is Josh's brother. What crime did Josh commit?
A. murder C. parricide
B. homicide D. none of these

79.Badong, with evident premeditation and treachery killed his father. What was the crime
committed?
A. Murder C. Homicide
B. Parricide D. Qualified Homicide

80.PO3 Carding entered the dwelling of Totoy against the latter’s will on suspicion that Totoy is
keeping unlicensed firearms in his home. What was the crime committed by PO3 Carding?
A. Trespass to Dwelling C. Usurpation Of Authority
B. Violation of Domicile D. Forcible Trespassing

81.Baldo and Brenda had been married for more than six months. They live together with the
children of Brenda from her first husband. Baldo had sexual relationship with Bea, the 14
year old daughter of Brenda. Bea loves Baldo very much. What was the crime committed by
Baldo, if any?
A. Simple Seduction C. Consented Abduction
B. Qualified Seduction D. Rape

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82.Prof. Juan gave a failing grade to one of his students, Sixto. When the two met the following day,
Sixto slapped Prof. Juan on the face. What was the crime committed by Sixto?
A. Corruption of Public Officials C. Slight Physical Injuries
B. Direct Assault D. Grave Coercion

83.The taking of another person’s personal property, with intent to gain, by means of force and
intimidation.
A. qualified theft C. theft
B. robbery D. malicious mischief

84.The unlawful destruction, or the bringing forth prematurely, of human fetus before the natural
time of birth which results in death.
A. abortion C. murder
B. infanticide D. parricide

85.A breach of allegiance to a government, committed by a person who owes allegiance to it.
A. treason C. rebellion
B. espionage D. coup d’ etat

86.Pedro, a 19 year old had sexual intercourse with her 11 year old girlfriend without threat, force or
intimidation. What was the crime committed?
A. Child rape C. Statutory Rape
B. Qualified Rape D. None

87.The law prohibiting the imposition of the death penalty in the Philippines.
A. R.A. 9165 C. R.A. 9346
B. R.A. 8353 D. P.D.968

88.The unlawful acquisition of a firearm from the territory of another country.

A. Illegal sale C. Unlawful sale and trade
B. Illegal trade D. Arms smuggling

89.It is otherwise known as the “Comprehensive Firearms and Ammunition Regulation Act.”
A. R.A. 105901 C. R.A. 10591
B. R.A. 10951 D. R.A. 91610

90.It is the process of disguising illicit money into a licit one.

A. Layering C. heavy soaping
B. money-laundering D. placement

91.Otherwise known as the Dangerous Drugs Act of 2002.

A. R.A. 6425 C. R.A. 7659
B. R.A. 9165 D. R.A. 8353

92.The engagement in the business for profit, or enlistment of services of any other person for the
purpose of prostitution .
A. Prostitution C. white slavery
B. pornography D. forced prostitution

93.The recruitment, transportation, harboring, or receipt of people for the purpose of slavery,
prostitution, forced labor and servitude.
A. Human trafficking C. illegal trafficking
B. trafficking D. illegal recruitment

94.The victims voluntarily request the smuggler’s service for fees and there may be no deception
involved in the agreement.
A. Human Trafficking C. Kidnapping
B. People Smuggling D. Consented Kidnapping

95.Also referred to as modern day slavery.

A. Human Trafficking C. forced slavery
B. white slavery D. slavery

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96.Refers to any act, transaction, scheme or design involving the use of a person by another, for
sexual intercourse or lascivious conduct in exchange for money, profit or any other
consideration.
A. prostitution C. sex slavery
B. sexual exploitation D. white slavery

97.The duly recorded authorized movement and custody of seized drugs from the time of seizure up
to its presentment in court for destruction.
A. safekeeping C. custodial link
B. chain of command D. chain of custody

98.An accused may move for the suspension of his arraignment if:
A. a motion for reconsideration is pending before the investigating prosecutor.
B. accused is bonded and his bondsman failed to notify him of his scheduled arraignment.
C. a prejudicial question exists.
D. there is no available public attorney.

99.After a plea of not guilty is entered, the accused shall have _____ days to prepare for trial.
A. 15; C. 30;
B. 10; D. None of the above.

100.A judgment of conviction in a criminal case becomes final when:

A. accused orally waived his right to appeal.
B. accused was tried in absentia and failed to appear at the promulgation.
C. accused files an application for probation.
D. reclusion perpetua is imposed and the accused fails to appeal.

--------- End of Exam ---------

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