DIAGNOSTICS EXAMINATION
ON CRIMINAL LAW AND JURISPRUDENCE
JULY-AUGUST 2024 CLE
Instructions: Read carefully. Choose the best answer for each question. Shade the correct letter in the separate
shading sheet provided. Do not forget to write your name and the subject of your test questionnaire in your shading
sheet.
1. Jin Woo, a foreigner residing in Hong Kong
counterfeits a fifty-peso bill issued by the Philippine
Government. May Jin Woo be prosecuted before a civil
court in the Philippines?
a. No. The provisions of the Revised Penal Code are
enforceable only within the Philippine archipelago.
b. No. The Philippine Criminal Law is binding only on
persons who reside or sojourn in the Philippines.
c. No. Foreigners residing outside the jurisdiction of the
Philippines are exempted from the operation of the
Philippine Criminal Law.
d. Yes. The provisions of the Revised Penal Code
are enforceable also outside the jurisdiction of
the Philippines against those who should forge
or counterfeit currency notes of the Philippines
or obligations and securities issued by the
Government of the Philippines.
2. Cesare Montano is a French diplomat stationed in
the Philippines. While on EDSA and driving with an
expired license, he hit a pedestrian who was crossing
illegally. The pedestrian died. Pierce was charged with
reckless imprudence resulting in homicide. In his
defense, he claimed diplomatic immunity. Is Pierce
correct?
a. Yes, because he hit a pedestrian crossing illegally.
b. No, because he is driving with an expired license.
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c. Yes, because he is diplomat stationed in the
Philippines.
d. No, because he killed a person.
3. It pertains to a matter of judicial knowledge that
certain individuals will kill others or commit serious
offenses for no reason at all. For this reason,
a. Lack of motive can result in conviction where
the crime and the accuser's part in it are shown.
b. Motive is material only where there is no evidence
of criminal intent.
c. Lack of motive precludes conviction.
d. The motive of an offender is absolutely immaterial.
4. Ramon, without intent to kill, aimed his gun at Rigor
and fired it, hitting the latter who died as a
consequence. Under the circumstances
a. Ramon cannot plead praeter intentionem
since the intent to kill is presumed from the
killing of the victim.
b. Ramon may plead praeter intentionem since he
intended only to scare, not to kill Rigor.
c. Ramon may plead aberratio ictus as he had no
intention to hit Rigor.
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d. Ramon may plead commission of only Discharge of
Firearm as he had no intent to kill Rigor when he fired
his gun.
5. Bong detested Tanggol, his roommate, because
Tanggol was courting Bubbles, whom Bong fancied.
One day, Bong decided to teach Tanggol a lesson and
went to a veterinarian (Vet) to ask for poison on the
pretext that he was going to kill a sick pet, when
actually Bong was intending to poison Tanggol. The
Vet instantly gave Bong a non-toxic solution which,
when mixed with Tanggol's food, did not kill the same.
Is Bong criminally liable?
a. Yes, because Puti committed attempted murder.
b. No, because Pula did not die.
c. Yes, because Puti committed an impossible
crime.
d. No, because Pula did not actually ingest poison.
6. Alberto inflicted serious injuries on Monique.
Because of delay in providing medical treatment to
Monique, she died. Is Alberto criminally liable for the
death of Monique?
a. Yes, because the delay did not break the
causal connection between Alberto's felonies
act and the injuries sustained by Monique.
b. Yes because any intervening cause between the
infliction of injury and death is immaterial.
c. No because the infliction of injury was not the
immediate cause of death.
d. No because the delay in the administration of the
medical treatment was an intervening cause.
7. Can there be a frustrated impossible crime?
a. Yes. When the crime is not produced by reason of
the inherent impossibility of its accomplishment, it is a
frustrated impossible crime.
b. No. there can be no frustrated impossible
crime because the means employed to
accomplish the crime is inadequate or
ineffectual.
c. Yes, there can be frustrated impossible crime when
the act performed would be an offense against
persons.
d. No. there can be no frustrated impossible crime
because the offender has already performed acts for
the execution of the crime.
8. Kidlat, Bagyo, and Edwin agreed to rob a house of
its cash. After they took the cash, Kidlat and Bagyo
decided to set the house on fire to destroy any
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evidence of their presence. What crime or crimes did
Edwin commit?
a. Robbery and arson since arson took place as an
incident of the robbery.
b. Robbery and arson since C took no step to stop the
arson.
c. Just for robbery, since he only agreed to it and
served as lookout.
d. Accomplice to robbery since his role in the crime was
minimal
9. A battered woman claiming self-defense under the
Anti-violence against Women and Children must prove
that the final acute battering episode was preceded by
a. 3 battering episodes
b. 4 battering episodes
c. 5 battering episodes
d. 2 battering episodes
10. Pat Suarez, a police officer in civilian clothes asked
David where he can buy shabu. David responded by
asking the officer how much of the drug he needed.
When he told him, David left, returned after a few
minutes with the shabu, gave it to the officer, and took
his money. David is
a. Liable for selling since the police operation
was a valid entrapment.
b. Not liable for selling since the police operation was
invalid entrapment.
c. Liable for selling since the police operation was a
valid form of instigation.
d. Not liable since the police operation was an invalid
instigation.
11. What is the minimum age of criminal responsibility?
a. Fifteen (15) years old or under
b. Nine (9) years old or under
c. Above nine (9) years old and under fifteen (15) who
acted with discernment.
d. Above fifteen (15) years old and under
eighteen (18) who acted with discernment.
12. A child over fifteen (15) years of age acted with
discernment in the commission of murder. What is the
duty of the court if he is already over eighteen (18)
years of age at the time of the determination of his
guilt for the offense charge?
a. The court should pronounce the judgment of
conviction.
b. The court should place the child under
suspended sentence for a specified period or
until he reaches twenty-one (21) years of age.
c. The court shall discharge the child for disposition
Measures.
d. The court shall place the child on probation.
13. Alberto, deeply enraged by Monique, his wife's
infidelity, Alberto shot and killed Monique. Alberto
subsequently surrendered to the police. How will the
court appreciate the mitigating circumstances of (i)
passion or obfuscation, (i) vindicating of a grave
offense, and (i) voluntary surrender that the husband
invoked and proved?
a. It will appreciate passion or obfuscation and
voluntary surrender as one mitigating circumstances
and vindication of grave offense as another.
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b. It will appreciate all three mitigating circumstances
separately.
c. It will appreciate the three mitigating circumstances
only as one.
d. It will appreciate passion or obfuscation and
vindication of a grave offense as just one
mitigating circumstance and voluntary
surrender as another.
14. An extenuating circumstance, which has the same
effect as a mitigating circumstance, is exemplified by
a. The mother killing her 2- day old child to
conceal her dishonor
b. The accused committing theft out of extreme
poverty
c. The accused raping his victim in extreme state of
passion
d. The accused surrendering the weapon he used in his
crime to the authorities.
15. A qualifying aggravating circumstances
a. Changes the description and the nature of the
offense
b. Increases the penalty to its next degree but absorbs
all the other aggravating circumstances.
c. Raises the penalty by two periods higher.
d. Is one which applies only in conjunction with another
aggravating circumstance.
16. Edwin was convicted by final judgment of theft.
While serving sentence for such offense, Edwin was
found in possession of an unlicensed firearm. Is Edwin
a quasi-recidivist?
a. Edwin is a quasi-recidivist because he was serving
sentence when found in possession of an unlicensed
firearm.
b. Edwin is not a quasi-recidivist because the offense
for which he was serving sentence is different from the
second offense.
c. Edwin is not a quasi-recidivist because the
second offense is not a felony.
d. Edwin is not a quasi-recidivist because he was
committed while still serving for the first offense
17. The alternative circumstances of relationship shall
NOT be considered between
1a. Mother-in-law and daughter-in-law.
top!?
b. Adopted son and legitimate natural daughter.
c. Aunt and nephew.
d. Stepfather and stepson.
18. Rigor and his two sons positioned themselves
outside the house of the victim. The two sons stood by
the stairs in front of the house while Rigor waited at
the back. The victim jumped out of the window and
was met by Rigor who instantly hacked him. The two
sons joined hacking the victim to death. They
voluntarily surrender to the police. How will the
attendant circumstances be properly appreciated?
a. Treachery and abuse of superior strength qualify the
killing to murder.
b. Only treachery qualifies the killing to murder
because abuse of superior strength is absorbed
by treachery.
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c. Treachery is the qualifying aggravating
circumstance, while abuse or superior strength is
treated as generic aggravating circumstance.
d. The qualifying circumstance of treachery or abuse of
superior strength can be offset by the mitigating
circumstance of voluntary surrender.
19. Primo and Lucio asked Berting to give them sketch
of the location of Amanda's house since they wanted
to kill her. Berting agreed and drew them sketch. Primo
and Lucio drove to the place and killed Amanda. What
crime did Berting commit?
a. Accomplice to murder, since his cooperation
was minimal.
b. Accessory to murder, since his map facilitated the
escape of the two.
c. None, since he took no step to take part executing
the crime.
d. Principal to murder, since he acted in conspiracy
with Primo and Lucio
20. Don Marsing was convicted of a complex crime of
direct assault with homicide aggravated by the
commission of the crime in a place where public
authorities are engaged in the discharge of their duties.
The penalty for homicide is reclusion temporal.
On the other hand, penalty for direct assault is prision
correctional in its medium and maximum periods. What
is the correct indeterminate penalty?
a. Twelve years of prision mayor as minimum to
twenty years of reclusion temporal as
maximum.
b. Ten years of prision mayor as minimum to seventeen
years and four months of reclusion temporal as
maximum.
c. Eight years of prison mayor as minimum to eighteen
years and four months of reclusion temporal as
maximum.
d. Twelve years of prision mayor as minimum to
seventeen years and four months of reclusion
temporal as maximum
21. The acquittal of an accused shall bar the civil action
arising from the crime where the judgment of acquittal
holds that______
a. the acquittal is based on reasonable doubt
b. the liability of the accused is not criminal but civil in
nature
c. the civil liability does not arise from or is not based
on the criminal act for which the accused has been
acquitted
d. the accused did not commit the act imputed
to him
22. Who among the following accused is entitled to a
privileged mitigating circumstance that would lower the
imposable penalty by one degree?
a. A minor above 15 years old and below 18
years old who acted with discernment.
b. One who, in fulfillment of his duty to carry out the
warrant of arrest of a fugitive, shot the fugitive to
death without ascertaining his identity.
c. One who defended himself against an unlawful
aggression but used unreasonable means and gave
provocation.
d. All of the above.
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23. Which of the following is NOT an impossible crime?
a. Luffy wanted to kill Teach. When he saw
Teach, he was already dead. To satisfy his
desire, Luffy stabbed Teach four times with a
knife
b. Zoro wanted to kill Sanji. He put poison to Sanji's
coffee but because of Sanji's strong resistance to
poison, he did not die.
c. Nami an employee of Strawhat Company secretly
opened the volt in the office to steal money but he
found it empty.
d. Chopper, with intent to kill, aimed his revolver at
Franky's temple. When he pulled the trigger, it did not
fire because it was not loaded. Chopper was not aware
that it was empty.
24. No search warrant or warrant of arrest shall issue
except:
I. upon probable cause
II. to be determined personally by the judge
III. after examination under oath or affirmation of the
complainant and the witnesses he may produce
IV. particularly describing the place to be searched and
the persons or things to be seized
V. after the filing of information against the accused
a. I,II, III,IV
b. I, II, V
c. I, IV, V
d. I, Il, IV, V
25. Pat. Salazar, police officer, in order to make an
arrest either by virtue of a warrant, or without a
warrant, may break into any building or enclosure
where the person to be arrested is or is reasonably
believed to be, if he is refused admittance thereto,
after __________
a. announcing his authority and purpose
b. informing the occupant that he has a warrant
c. knocking and asking to open up.
d. inserting the warrant under the door.
26. An application for search warrant shall be filed with
the following, except:
a. Any court within whose territorial jurisdiction a crime
was committed.
b. For compelling reasons stated in the application, any
court within the judicial region where the crime was
committed if the place of the commission of the crime
is known, or any court within the judicial region where
the warrant shall be enforced.
c. If the criminal action has already been filed, the
application shall only be made in the court where the
criminal action is pending.
d. With the Supreme Court, if the law enforcers
will enforce it nationwide.
27. Except for the jurisdiction of the Special
Commercial Courts to issue search warrants involving
intellectual property rights violations, the Executive
Judges and, whenever they are on official leave of
absence or are not physically present in the station, the
Vice-Executive Judges of ___________ shall have
authority to act on
applications for search warrants to be implemented
within their judicial regions, filed by the National
Bureau of Investigation, the Philippine National Police,
the Anti-Crime Task Force, the Philippine Drug
Enforcement Agency, and the Bureau of Customs, for
search warrants involving heinous crimes, illegal
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gambling, illegal possession of firearms and
ammunitions, as well as violations of the
Comprehensive Dangerous Drugs Act of 2002, the Anti-
Money Laundering Act of 2001, the Customs
Modernization and Tariff Act, and other relevant laws
that may later be enacted by Congress and included in
these Rules by the Supreme Court.
a. RTC Manila and Quezon City
b. RTC Manila
c. RTC Makati
d. the Regional Trial Courts
28. The officer seizing property under the warrant must
give a
for the same to the lawful occupant of the
premises in whose presence the search and seizure
were made, or in the absence of such occupant, must,
in the presence of at least two witnesses of sufficient
age and discretion residing in the same locality, leave
a receipt in the place in which he found the seized
property.
a. detailed receipt
b. inventory
c. compensation
d. list
29. It shall be in writing and signed by such person in
the presence of his counsel or in the latter's absence,
upon a valid waiver, and in the presence of any of the
parents, elder brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school
supervisor, or priest or minister of the gospel as chosen
by him; otherwise, such extrajudicial confession shall
be inadmissible as evidence in any proceeding.
a. custodial investigation report
b. extrajudicial confession
c. waiver of Art. 125, RPC
d. extrajudicial admission
30. In the absence of any lawyer, no custodial
investigation shall be conducted and the suspected
person can only be detained by the investigating officer
in accordance with the provisions of
a. Article 142 of the RPC
b. Article 152 of the RPC
c. Article 124 of the RPC
d. Article 125 of the RPC
31. This is an act penalizing torture and other cruel,
inhuman and degrading treatment or punishment and
prescribing penalties therefor.
a. RA 9745
b. RA 9754
c. RA 9475
d. RA 9547
32. A preliminary investigation is required to be
conducted before the filing of a complaint or
information for an offense where the penalty
prescribed by law is at least ______ except as provided
in Section 6 of Rule 112.
a. 4 years, 2 months
b. 4 years, 2 months, and 1 week
c. 4 years, 2 months, and 1 day
d. 4 years, 1 month, and 2 days
33. When a person is lawfully arrested without a
warrant involving an offense which requires a
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preliminary investigation, the complaint or information
may be filed by a prosecutor without need of such
investigation provided this has been conducted in
accordance with existing rules.
a. Trial
b. Inquest Proceedings
c. Criminal Investigation
d. Preliminary investigation
34. The prescriptive periods shall resume upon receipt
by the complainant of the complainant or the certificate
of repudiation or of the certification to file action issued
by the lupon or pangkat secretary: Provided, however,
That such interruption shall not exceed_________ ,
from the filing of the complaint with the punong
barangay.
a. 30 days
b. 40 days
c. 50 days
d. 60 days
35. These shall have exclusive original jurisdiction over
all offenses punishable with imprisonment not
exceeding six
(6) years irrespective of the amount of fine, regardless
of other imposable accessory or other penalties,
including the civil liability arising from such offenses or
predicated thereon, irrespective of kind, nature, value
or amount thereof: Provided, however, that in offenses
involving damage to property through criminal
negligence, they shall have exclusive original
jurisdiction thereof.
a. Municipal Trial Court
c. Regional Trial Court
b. Sandiganbayan
d. Court of Tax Appeals
36. The following are elements of a prejudicial
question, except:
a. there was a previously instituted civil action
b. the civil action involves an issue similar or intimately
related to the issue raised in the subsequent criminal
action
c. there must be prejudice of the rights of the
accused
d. the resolution of such issue determines whether or
not the criminal action may proceed.
37. Where a police officer observes an unusual conduct
which leads him reasonably to conclude in light of his
experience that criminal activity may be afoot and that
the persons with whom he is dealing may be armed
and presently dangerous, where in the course of
investigating this behavior he identified himself as a
policeman and makes reasonable inquiries, and where
nothing in the initial stages of the encounter serves to
dispel his reasonable fear for his own or others safety,
he is entitled for the protection of himself and others
in the area to conduct a carefully limited search of the
outer clothing of such persons in an attempt to
discover weapons which might be used to assault him.
a. search incidental to lawful arrest
b. Terry Search
c. customs searches
d. exigent and emergency circumstance
38. The judge must, before issuing the warrant,
personally examine in the form of in writing and under
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oath, the complainant and the witnesses he may
produce on facts personally known to them and attach
to the record their sworn statements, together with the
affidavits submitted.
a. judicial affidavits
b. searching questions and answers
c. questions and answers
d. sworn statements
39. In any case where the opinion of an expert witness
is received in evidence, the court has a wide latitude of
discretion in determining the weight to be given to such
opinion, and for that purpose may consider the
following, except:
a. Whether the opinion is based upon scientific
facts;
b. Whether it is the product of reliable principles and
methods;
c. Whether the witness has applied the principles and
methods reliably to the facts of the case; and
d. Such other factors as the court may deem helpful to
make such determination.
40. Circumstantial evidence is sufficient for conviction
if:
I. There is more than one circumstance
II. The facts from which the inferences are derived are
proven
III. The combination of all the circumstances is such as
to produce a conviction beyond reasonable doubt
IV. The corpus delicti must be established
a. IV, III,II
b.I, Il, lIl
c. I, II, IV
d I, II, III, IV
41. Whenever a party has, by his or her own
declaration, act, or omission, intentionally and
deliberately led another to believe a particular thing
true, and to act upon such belief, he or she cannot, in
any litigation arising out of such declaration, act or
omission, be permitted to falsify it.
a. admission
b. estoppel
c. confession
d. incrimination
42. "That a person found in possession of a thing taken
in the doing of a recent wrongful act is the taker and
the doer of the whole act" is an example of what kind
of presumption?
a. disputable presumption
c. prima face presumption
b. conclusive presumption
d. presumption of innocence
43. These shall not be allowed, except when it tends in
any reasonable degree to establish the probability or
improbability of the fact in issue.
a. relevant evidence
b. circumstantial evidence
c. collateral matters
d. material evidence
44. The following are considered original of a
document, except:
a. the document itself
b. any counterpart intended to have the same effect by
a person executing or issuing it
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c. the negative of a photograph or any print therefrom.
d. if data is stored in a computer or similar
device, any printout or other output readable by
sight or other means
45. The following are exceptions to the Original
Document
Rule, except:
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, or the original cannot be obtained
by local judicial processes or procedures;
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 not closely-related to a
controlling issue.
46. Where a private document is more than thirty years
old, is produced from a custody in which it would
naturally be found if genuine, and is unblemished by
any alterations or circumstances of suspicion, no other
evidence of its authenticity need be given.
a. Pre-Historical Document Rule
c. Age Document Rule
b. Ancient Document Rule
d. Old Document Rule
47. During their marriage, neither the husband nor the
wife may testify for or against the other without the
consent of the affected spouse, except in a civil case
by one against the other, or in a criminal case for a
crime committed by one against the other or the
latter's direct descendants or ascendants.
a. Marital Privilege Communication Rule
b. Marital Disqualification Rule
c. Marital Law
d. Survivorship Rule
48. The husband or the wife, during or after the
marriage, cannot be examined without the consent of
the other as to any communication received in
confidence by one from the other during the marriage
except in a civil case by one against the other, or in a
criminal case for a crime committed by one against the
other or the latter's direct descendants or ascendants.
a. Marital Privilege Communication Rule
b. Marital Disqualification Rule
c. Marital Law
d. Survivorship Rule
49. No person may be compelled to testify against his
parents, other direct ascendants, children or other
direct descendants except when such testimony is
indispensable in a crime against that person or by one
parent against the other.
a. parent-child privilege communication rule
b. ascendant-descendant communication rule
c. parental and filial privilege
d. ascendant and descendant privilege
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50. An act or declaration made in the presence and
within the hearing or observation of a party who does
or says nothing when the act or declaration is such as
naturally to call for action or comment if not true, and
when proper and possible for him or her to do so, may
be given in evidence against him or her.
a. confession by silence
b. admission
c. confession
d. admission by silence
51. A statement is not hearsay if the declarant testifies
at the trial or hearing and is subject to cross-
examination concerning the statement, and the
statement is, except:
a. inconsistent with the declarant's testimony was
given under oath subject to the penalty of perjury at a
trial, hearing, or other proceeding, or in a deposition
b. consistent with the declarant's testimony and is
offered to rebut an express or implied charge against
the declarant of recent fabrication or improper
influence or motive;
c. one of identification of a person made after
perceiving him or her
d. none of the above
52. The act or declaration of a person deceased, or
unable to testify, in respect to the pedigree of another
person related to him or her by birth, adoption, or
marriage or, in the absence thereof, with whose family
he or she was so intimately associated as to be likely
to have accurate information concerning his or her
pedigree, may be received in evidence where it
occurred before the controversy, and the relationship
between the two persons is shown by evidence other
than such act or declaration.
a. part of the res gestae
b. act or declaration about pedigree
c declaration against interest
d. dying declaration
53. Statements made by a person while a startling
occurrence is taking place or immediately prior or
subsequent thereto, under the stress of excitement
caused by the occurrence, with respect to the
circumstances thereof, may be given in evidence as
part of the res gestae. So, also, statements
accompanying an equivocal act material to the issue,
and giving it a legal significance, may be received as
a. part of the res gestae
b. common reputation
c. act or declaration about pedigree
d. declaration against interest
54. Evidence of a person's character or a trait of
character is not admissible for the purpose of proving
action in conformity therewith on a particular occasion,
except:
a. In criminal cases, the character of the offended party
may be proved if it tends to establish in any reasonable
degree the probability or improbability of the offense
charged.
b. In criminal cases, the accused may prove his or her
good moral character, pertinent to the moral trait
involved in the offense charged. However, the
prosecution may not prove his or her bad moral
character unless on rebuttal.
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c. In civil cases, evidence of the moral character of a
party in a civil case is admissible only when pertinent
to the issue of character involved in the case.
d. In criminal and civil cases, evidence of the
good character of a witness is admissible until
such character has been impeached.
55. After the English Glorious Revolution, the king and
queen both signed the ______ which became
known as the Bill of Rights.
a. Magna Carta
b. Declaration of Independence
c. Bill of Rights
d. Declaration of Rights
56. The origin of human rights are pinpointed to the
year 539 BC and was recorded on a baked-clay cylinder
known as ________,
a. Code of Hammurabi
b. Magna Carta
c. Cyrus Cylinder
d. Universal Declaration of Human Rights
57. Who is the author of the American Declaration of
Independence?
a. Thomas Jefferson
b. John Adams
c. George Washington
d. Benjamin Franklin
58. This is a set of international rules, established by
treaty or custom, on the basis of which individuals and
groups can expect and/or claim certain rights that must
be respected and protected by their States.
a. International Humanitarian Law (IHL)
b. International Human Rights Law (IHRL)
c. International Convention on the Elimination of All
Forms of Discrimination against Women (CEDAW)
d. Convention Against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment
(CAT)
59. This declaration states that, in any war between
signatory powers, the parties will abstain from using
projectiles "the sole object of which is the diffusion of
asphyxiating or deleterious gases"
a. The Hague Conventions
b. Geneva Convention
c. Universal Declaration of Human Rights
d. Civil and Political Rights
60. This is a series of international diplomatic meetings
that produced a number of agreements, in particular
the Humanitarian Law of Armed Conflicts, a group of
international laws for the human treatment of wounded
or captured military personnel, medical personnel and
non-military civilians during war or armed conflicts.
a. The Hague Conventions
b. Geneva Convention
c. Universal Declaration of Human Rights
d. Civil and Political Rights
61. This protects the right to equality between men and
women in the enjoyment of their civil and political
rights. The right to life and survival; the freedom from
inhuman or degrading treatment or punishment and
the freedom from slavery and servitude.
a. International Bill of Rights
b. Universal Declaration of Human Rights
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c. International Covenant on Civil and Political
Rights (ICCPR)
d. the International Covenant on Economic Social and
Cultural Rights (ICESCR)
62. It ensures the enjoyment of economic, social and
cultural rights, including the rights to: education, fair
and just conditions of work, an adequate standard of
living, the highest attainable standard of health, social
security.
a. International Bill of Rights
groups can expect and/or claim certain rights that must
be respected and protected by their States.
a. International Humanitarian Law (IHL)
b. Universal Declaration of Human Rights
c. International Covenant on Civil and Political Rights
(ICCPR)
d. the International Covenant on Economic
Social and Cultural Rights (ICESCR)
63. This is a core principle of Human Rights which
means that we are all entitled to our human rights.
a. Universality
a. International Bill of Rights
b. Inalienability
c. Interdependence and Interrelatedness
64. It investigates and, where warranted, tries
individuals charged with the gravest crimes of concern
to the international community: genocide, war crimes,
crimes against humanity and the crime of aggression.
As a court of last resort, it seeks to complement, not
replace, national courts.
a. UN Human Rights Council
b. UN Human Rights Office of the High Commissioner
c. International Court of Justice
d. International Criminal Court
65. This requires that the government refrain from
interfering directly or indirectly with the enjoyment of
human rights. This includes, refraining from engaging
in any practice or activity that denies or limits equal
access to adequate social security.
a. Obligation to respect human rights
b. Obligation to Protect Human Rights
c. Obligation to Fulfil Human Rights
d. None of the Above
66. Philippine Act on Crimes Against International
Humanitarian Law, Genocide, and Other Crimes
Against Humanity
a. RA 9851
b. RA 9745
c. RA 10353
d. RA 9581
67. This is a title given to individuals working on behalf
of various regional and international organizations who
bear specific mandates to investigate, monitor and
recommend solutions to specific human rights
problems.
a. Special rapporteur
b. Counsel
c. Human Rights Advocate
d. Defender
68. These were viewed as being a "positive obligation,"
which means that they place a responsibility on
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governments to actively ensure that those rights are in
fact fulfilled.
a. First generation human rights
b. Second generation human rights
c. Third generation human rights
d. Fourth generation human rights
69. This generation of human rights are often found in
agreements that are classified as "soft law," which
means they are not legally binding. Some examples of
these agreements include the UDHR and the 1992 Rio
Declaration on Environment and Development.
a. First generation human rights
b. Second generation human rights
c. Third generation human rights
d. Fourth generation human rights
70. What law declared the effectivity of the
Commission on Human Rights as provided for in the
1987 Constitution and provided guidelines for its
operations?
a. RA 163
b. PD 163
c. EO 163
d. CA 163 23
71. Is the CHR is constitutionally authorized to adopt
its operational guidelines and rules of procedure, and
cite for contempt for violations thereof in accordance
with the Rules of Court?
a. Yes
b. No
c. Maybe
d. Sometimes
72. The CHR's power to cite for contempt should be
understood to apply only to violations of its adopted
operational guidelines and rules of procedure essential
to carry out its
a. adjudicatory
b. investigatory power
c. prosecutorial power
d. regulatory power
73. After the decision was rendered by the court
disposing of the case, which of the following remedies
allow the presentation of new evidence?
a. Motion for reconsideration
b. Motion for new trial
c. Notice of appeal
d. Petition for review
74. Gina directly acknowledged that there are 24 hours
in a day.
a. Admission
b. Confession
c. Testimony
d. Judicial Notice
75. What is the other term for Similar Acts as Evidence
Rule?
a. Res Inter Alios Acta #1
b. Res Inter Alios Acta #2
c. Previous Conduct
d. Similar Acts
76. Whitebeard saw Ace with an angry expression on
his face while holding a firearm moving towards his
direction. When Ace was already near him, Whitebeard
picked up a 2x2 hard wood and hit Ace on both his
arms, resulting to the injuries to the latter. It was
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revealed during the investigation that ACE is without
bad intention against Whitebeard. Whitebeard was
charged for serious physical injuries. The situation fits
the principle of?
a. Mistake in identity
b. Mistake in the blow
c. Mistake of facts
d. Ignorance of the law
77. Which of the following are the elements of
abandoning a minor?
I. That the offender has the custody of the child
II. That the child is under 7 years of age
III. That he abandons such child
IV. That he has no intent to kill the child when the latter
is abandoned
a. I, II, III
b. I, III, IV
c. II, III, IV
d. I, II, III, IV
78. The person is suspected of committing a crime
which is punishable by imprisonment of at least 4
years, 2 months and 1 day. The person was not subject
to warrantless arrest. How will you proceed with the
case?
A. Report the matter to my superior and let them
decide what to do with the situation.
B. Exert effort to arrest a person even without a
warrant for the commission of a crimes
C. File a direct complaint with the prosecutor’s office
for inquest proceedings.
D. File a direct complaint with prosecutor’s
office for preliminary investigation
79. After the prosecution rested its case, the accused
filed a demurrer to evidence. Would double jeopardy
be a valid defense if he is charged again with the same
offense?
A. Yes, because the dismissal is tantamount to
acquittal.
B. Yes, the case was not terminated on its own merits.
C. No, because the dismissal is with his consent or
upon his own motion.
D. No, The case was not terminated on its merits hence
double jeopardy is not a valid defense.
80. Supposed that after conviction for the crime of
murder and while being escorted for transport to the
National Bilibid Prison, Kidlat escaped. After more than
20 years, Pat. Mendoza chanced upon Kidlat and
arrested the latter so that he may serve his prison
sentence for murder. Did the penalty for crime of
murder prescribed?
A. No, he was not yet committed to the National
Bilibid Prison
B. Yes, because it has been more than 20 years already
since his escape after his conviction.
C. None of these
D. No, because his prescription of penalty for the crime
of murder is 30 years
81. The accused was present during arraignment and
he entered his plea. Despite notice and the issuance of
warrant for his arrest, the accused remains absent.
What should the court do in this kind of situation?
A. Proceed with the trial of the case dispensing the
presentation of evidence of the accused
B. None of these
C. Not to proceed with the trial of the case because the
accused has the right to confront the witnesses
D. Proceed with the trial of the case in absentia
of the accused
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82. The new and independent act which is the
immediate cause of the injury and which breaks the
connection between the original wrong and the injury
is referred to as the ______ cause.
A. efficient connecting
B. causal connecting
C. efficient intervening
D. effective intervening
83. The PHASE in the commission of the crime when
the person is from the point of beginning or within the
point where he can still decide to desist or continue the
commission of the crime is the phase.
a. objective
b. internal
c. subjective
d. external
84. A jail guard who is in custody of a prisoner would
be held liable for infidelity in the custody of prisoners
if he consented to the escape of a prisoner under his
charge. What if the guard involved is an off-duty guard
from the BUCOR/BJMP/PNP and he took out a prisoner
from the place of confinement and replaced him with
another? What was the crime committed by the guard?
a. delivering prisoners from jail
b. infidelity in the custody of prisoners still
c. bribery
d. corruption of public officer
85. Celso was arrested without a warrant for the crime
the penalty of which is imprisonment of at least 4
years, 2 months and 1 day. He asked for preliminary
investigation. What is required of the person arrested
in order that preliminary investigation may be
conducted?
a. He should ask for the presence of a counsel while
being detained.
b. He should ask for his right to remain silent in the
course of the preliminary investigation
c. He should ask his right to be informed of the nature
of the cause and accusation against him.
d. He should waive his right under Article 125 of
the Revised Penal Code
86. Santino is a police officer. He arrested Lawrence
without a warrant for a crime which is considered as
less grave offense. For Santino to be Not liable for the
crime of arbitrary detention, he must deliver Lawrence
to proper judicial authorities within from the time of
the arrest.
a. 12 hours
b. 18 hours
c. 36 hours
d. 32 hours
87. Jet Lee is a Chinese citizen who killed a Filipino on
board a Philippine commercial vessel on the high seas,
based on the given situation, based on territorially
principle, Philippine criminal law ls
a. Not applicable because the crime was committed
outside of the Philippines territory
b. Not applicable because the offender is not a Filipino
c. Applicable in this situation although the crime
was committed on the high seas.
d. Applicable even if the crime was committed by a
Chinese.
88. Col Suarez, Pat. Salazar and Pat. Dimaguiba are
prison guards who escorted Edwin in attending a court
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hearing in Manila City. Arriving too early in the A. I will invoke the defense of lawful and
courtroom Pat. Salazar and Dimaguiba went to a insuperable cause
nearby restaurant to have coffee. When Edwin was B. None of these
being watched by Col. Suarez only. Edwin and his C. I will invoke the defense of performance of a lawful
cohorts succeeded in escaping. The said prison guards order
can be held liable for what crime? D. I will invoke the defense of lawful performance of
a. Conniving with prisoner
duty
b. Consenting to evasion
c. Illegal Break Time
d. Evasion through negligence 94. Statement made by a person while a startling
occurrence is taking place or immediately prior to
89. Suppose that Samantha is just an ordinary subsequent thereto with respect to the circumstances
embassy employee in Japan. She committed a crime in thereof, may be given in evidence as part of it and also
connection with the performance of her official function statements accompanying an equivocal act material to
the act complained of is not yet punishable at the time the issue, and giving it a legal significance, may be
it was committed. Under our penal system, the received as part of it.
applicable characteristics of criminal law are A. Dying Declaration
a. Territoriality B. Res Gestae
b. Internationality C. Hearsay
c. Prospectivity D. Verbal Acts
d. Generally
95. Pre-trial conference in criminal cases is mandatory.
90. Baby Giant is merely 6 years old. Which of the One of the matters that should be taken during the said
following statements BEST describes the qualification proceeding is stipulation and admission of facts. The
of Baby Giant as a witness? purpose of entering into a stipulation or admission of
A. He is qualified so long that he can express his facts is to what?
thought before the court A. Ensure justice and fair play
B. He is not qualified because a minor is susceptible of B. Making sure of facts
being coached by lawyers C. Expedite trial
C. He is qualified because he can perceive and D. corroborate either side party
perceiving can convey his perception to another
D. He is not qualified because he is still a minor 96. Marcelo went to the United States. While she was
there, encountered Olga an American. They eventually
91. A police officer entered the house of another. There got married. When Marcelo returned to the Philippines,
is a signage prohibiting anyone to enter without the his wife Marites filed an action against him for violating
permission of the owner. When can the police officer their marriage. What is Marcelo liable to?
be liable for violation of domicile?
a. Adultery
A. He will be liable only once the owner noticed his b. Bigamy
entry without consent. c. Concubinage
B. He will not be liable unless told to leave by the owner d. No Crime
of the house.
C. He will be liable unless the owner gives his consent 97. It is the rule which states that if the inculpatory
once discovered facts and circumstances are capable of two or more
D. The police officer will be liable the very interpretation, one which is consistent with the
moment of his/her entry innocence of the accused and the other consistent with
his guilt, or they are evenly balanced. The
92. Marsing entered the house of Don Julio since the constitutional presumption of innocence should tilt the
door is open. Marsing took the cellphone of Don Julio. scale in favor of the accused and he must be acquitted.
When Marsing was about to leave the house, Don Julio A. Equipoise rule
arrived and discovered that his cellphone has been b. Presumption of guilt
taken by Marsing. The latter brandished a knife against c. Hornbook doctrine
Don Julio and was able to speed away. Which is the d. due process of law
crime committed by A?
98. This is a remedy available to any person whose
A Theft right to life, liberty and security is violated or
B. Qualified theft threatened with violation by an unlawful act or
C Robbery with intimidation of person omission of a public official or employee, or of private
D. Robbery with violence against person individual or entity. It shall cover extralegal killings and
enforced disappearances:
93. A committed a grave offense, B arrested A without
a warrant. Due to the distance from the place of arrest a. Writ of Amparo
to the office of the Provincial Prosecutor, the b. Writ of Habeas Corpus
Information was filed more than three days after the c. Writ of Habeas Data
arrest. A remained under the custody of the police. d. Writ of Kalikasan
Suppose that you are B and you are charged with
arbitrary detention under Article 125 of the Revised 99. He is the 9th Secretary General of United Nations.
Penal Code. How would you defend yourself? a. Antonio Gutierres
b. Peter Thompson
c. Ban-Ki-moon

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d. Boutros Boutros-Ghali

100. In the exempting circumstance of compulsion of

irresistible force, the physical force must come from
the _____.
A. offender himself
B. victim himself
C police officer
D. third person

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