Republic of the Philippines

OCCIDENTAL MINDORO STATE COLLEGE

Labangan, San Jose, Occidental Mindoro
Website: www.omsc.edu.ph Email address: omsc_9747@yahoo.com
Tele/Fax: (043) 491-1460

College of Criminal J ustice Education

TABLE OF SPECIFICATIONS
ENHANCED COMPREHENSIVE REVIEW EXAMINATION
Information Security
Midterm Exam,
CRIMINAL LAW 1st Semester
ANDAYJURISPRUDENCE
2023-2024
POST TEST

MULTIPLE CHOICE

1. The accused in criminal proceeding has in his favor the rule that criminal laws has should be construed
liberally in his favor because ___.
a. Of the requirement of the observance of due process
b. The prosecution has burden of proof
c. The police are presumed to perform their duty regularity
d. The accused is presumed innocent until proven guilty
2. The declaration of accused acknowledging his guilt of offense charged or of any offense necessarily
included therein is __.
a. Liability
b. Confession
c. Admission
d. Responsibility
3. What is the crime committed if the offender killed a person whose age is less than 12 years of age?
a. Homicide in the absence of any qualifying circumstances under Article 248
b. Murder if not attended by circumstances under Article 246
c. Murder if the offender is any of the parent
d. Parricide regardless of relationship by consanguinity
4. Which of the foregoing statements refer to “corpus delicti”?
I. Corpus delicti is the body or substance of the crime.
II. Corpus delicti is the fact that a crime has been committed.
II. Corpus delicti is the body of the person who is a victim of the homicide or murder.
a. II, III
b. I, II
c. I, III
d. I, II, III
5. The venue to hear criminal cases may be change when ___.
a. Prosecution and accused agree
b. Complaint opted to change it
c. Trial court so ordered
d. Supreme court so ordered
6. When a case is filed in this court, bail become a matter of right before or after conviction. Which court is
it?
a. MTC/MCTC
b. RTC
c. Court of Appeals
d. Sandiganbayan
7. The police officer testifying in court can refer to his/her notes or memorandum __.
a. As his codigo and his personal records
b. As it is his right as a police officer
c. To refresh his memory
d. To help him in the prosecution of the case
8. An act or omission punishable by the Revised Penal Code.
a. Act or omission
b. Offense
c. Felony
d. Crime
9. Our criminal law may be applied extraterritoriality which simply means that ___.
a. Our criminal law may be enforced by another sovereign country
b. Our criminal law may be applicable even outside of our territory
c. Foreigners here in our country may be charged for violation of our criminal law
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 d. Those accused of crime may be arrested even outside of our country
10. Kamote after trial was found guilty of a despicable act. However, the court found out that there is no law
punishing the said act. May the court punish Kamote of any penalty which it deemed appropriate?
a. Yes, the act committed is despicable that is should be punished
b. No, the law cannot punish because the law does not know the applicable law
c. No, the law cannot punish an act if at the time was committed is yet punishable
d. All of these
11. Kamote was convicted for several crimes; homicide, the penalty imposes is minimum of 6 years and 1
day to 8 years; physical injuries, the penalty 4 years and 1 day to 6 years; and parricide, penalty is
reclusion perpetua. Kamote should serve successive service of sentence by serving first the penalty of
__.
a. Any of the conviction
b. 4 years and 1 day to 6 years
c. 6 years and 1 day to 8 years
d. Reclusion Perpetua
12. The power or authority to hear and decide a case is __.
a. Judicial
b. Venue
c. Jurisdiction
d. Mandate
13. In arbitrary detention, it is required that the offender must be a __.
a. A person in authority
b. Any person
c. A public officer or employee
d. Supreme court
14. The crime committed when a person killed his/her illegitimate daughter who is a minor under the
circumstances provided by Article 247 is ___ were it not for the exceptional circumstances applicable.
a. Infanticide
b. Murder
c. Parricide
d. Homicide
15. The process required to determine probable cause based on direct filing of a complaint so that the
information may be filed in court is __.
a. Ex parte-examination of complaint
b. Preliminary examination
c. Inquest proceedings
d. Judicial determination of probable cause
16. The crime of adultery is committed by any married woman who shall __.
a. Have sexual intercourse with a man under scandalous circumstances
b. Enter into marriage with another man other than her husband
c. Have sexual intercourse with a man who is not her husband
d. Live in conjugal dwelling with a man who is not her husband
17. A person who is committing an act in violation of a special penal laws is committing __.
a. A crime
b. A felony
c. An offense
d. An act or omission
18. The following are the sources of criminal law except __.
a. Special laws
b. Ordinances
c. Special penal laws
d. Revised penal code
19. What is this justifying circumstance wherein the person assaulted is related to the accused by
consanguinity within the fourth degree?
a. Defense of relative
b. Self-defense
c. Defense of stranger
d. Parricide defense
20. Kamote is charged of a crime in violation of RA 9262. What is the nature of the crime committed by
Kamote?
a. Mala in se
b. Revised penal code
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 c. Special penal law
d. Mala prohibita
21. Kamote killed Tekla by also ensuring that Tekla cannot retaliate or cause harm against them. Which is
the applicable modifying circumstance?
a. Alternative
b. Mitigating
c. Exempting
d. Aggravating
22. What is this justifying circumstance wherein the accused, in making the defense, must not be induced by
revenge or ill motive?
a. Defense of stranger
b. Defense of relative
c. Self-defense relative
d. Self-defense of stranger
23. To be considered as conspirator in a criminal case, the following are true except:
a. Did not even take part in every act
b. Need not participate in every detail of the execution
c. Need not even know the exact part to be performed by the others
d. Can only be conspirator if he participated in the execution of the plan
24. The following are not elements of attempted stage in the commission of the crime, except __.
a. The acts performed would produce the felony as a consequence
b. By reason of spontaneous desistance of the accused
c. The offender performs all acts of execution
d. But the felony is not produced
25. What is this exempting circumstance which is based on impossibility of performance as required by
law?
a. Mistake in identity
b. Prevention by some lawful or insuperable cause
c. Impossibility in the commission of the crime
d. Mistake of fact
26. What is this exempting circumstance where in the basis of exemption is the age of the offender?
a. Age of absolute criminal irresponsibility
b. Age of mitigating criminal responsibility
c. Age of imbecility and insanity
d. Age of justifying criminal responsibility
27. When is documentary evidence being offered?
a. At the discretion of the counsel at any time of the proceedings
b. At the time the witness is called to testify
c. After the presentation of the testimonies of the witness
d. At the time the witness identifies the exhibits or evidence
28. One of the most essential elements of arbitrary detention is ___.
a. Detention for the purpose of filing a case
b. Detention without the consent of the person
c. Detention without a warrant or legal grounds
d. Detention with a questionable warrant
29. After a heated argument over his philandering, Willy punched on the head his wife Sarah, who was six
and a half months pregnant. Sarah lost her balance, fell on the floor with her head hitting a hard object.
Sarah died and the child was expelled prematurely. After 30 hours, the child died. With respect to the
killing of Sarah, the crime is?
a. murder
b. parricide
c. parricide with unintentional abortion
d. homicide
30. It is a remedy available to any person whose right to life, liberty and security has been violated or is
threatened with violation by an unlawful act or omission of a public officer or employee or of a private
individual or entity.
a. writ of habeas corpus
b. writ of amparo
c. writ of habeas data
d. writ of kalikasan
31. It is the duty of a party to go forward with the evidence to overthrow prima facie evidence established
against him.
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 a. Burden of Proof
b. Burden of Evidence
c. Direct Evidence
d. Offer of Proof
32. Which among the following sentences may be served at the home of the accused?
a. Reclusion temporal
b. Reclusion Perpetua
c. Arresto Mayor
d. Arresto Menor
33. A writ issued directly by a judge to a law enforcement officer, especially for the arrest of a person who
has been held in contempt, has disobeyed a subpoena, or has to appear for a hearing or trial.
a. general warrant
b. scatter-shot warrant
c. bench warrant
d. John Doe Warrant
34. A penal law as a general rule should have:
a. prospective application
b. retroactive application
c. no application
d. biased application
35. As a rule, no evidence shall be admissible other than the original document itself, when the subject of
inquiry is its contents, expresses what rule?
a. best evidence rule
b. secondary evidence rule
c. parol evidence rule
d. english rule
36. What time of physical injury is committed by one, who shall wound, beat, assault another causing the
offended party to be incapacitated for labor for ten (10) days or more (but should not exceed 30 days)?
a. serious physical injuries
b. less serious physical injuries
c. slight physical injuries
d. none of the above
37. This is the declaration made by a person under the consciousness of an impending death.
a. dying declaration
b. declaration against interest
c. declaration about pedigree
d. confession
38. The following are the three cardinal features characteristics of criminal law EXCEPT:
a. Criminal law applies to all persons who commit felonies in Philippine territory.
b. Criminal law applies by virtue of treaty stipulations, laws of preferential application, and
principles of public international law.
c. Criminal law applies to all offenses committed within Philippine territory.
d. Criminal law applies prospectively and not retroactively unless its provision is favorable to the
accused who is not a habitual delinquent.
39. The killing of a spouse or a daughter who is minor by the other spouse under the circumstances as
provided under art. 247 is __.
a. murder
b. homicide
c. infanticide
d. parricide
40. A is the owner of a tupada in their town. A approached the Chief of Police who is a kumpare and asked
the Chief not to raid his tupada. The Chief complied by not raiding it. What crime was committed by the
Chief?
a. Direct bribery
b. Indirect bribery
c. Graft and corruption
d. Negligence and tolerance in the prosecution of offenses/prevarication
41. When should the opposing party object on the offer of object or documentary evidence?
a. at the time the object and documentary exhibits are formally offered.
b. at any time when the court orders to offer the object or documentary exhibit
c. at the time the object and documentary exhibits are identified and marked by the witness.
d. at the time the defense witness is called to testify.
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42. This is one of the grounds on the motion to quash and anchored on the question of authority of the court
to hear and decide the case. What is this ground?
a. lack of preliminary investigation
b. lack of
c. lack of jurisdiction
d. improper venue
43. A deprived B of his liberty, A is a private individual. C is a government employee. The investigation
revealed that the deprivation of liberty is without legal ground and the purpose of A is to bring B to
proper authorities. What is the crime committed by A?
a. violation of domicile
b. unlawful arrest
c. illegal arrest
d. arbitrary detention
44. The following are the elements of dying declaration, except:
a. the declaration is in connection with a startling occurrence or equivocal actions
b. the declarant is competent to testify
c. declaration pertains to facts or circumstances surrounding the declarant’s death
d. declarant must eventually die
45. The crime committed is punishable with a penalty of one year and below. How would you best deal with
the situation?
a. I will handle the forced mediation and conciliation between the parties.
b. Arrest the offender without a warrant since there is a complainant.
c. Suggest that the parties bring the issue before the barangay for conciliation proceedings.
d. None of the above
46. Maria was accused of falsification. While Maria was on the witness stand, the prosecution asked her to
write her name and to sign on a piece of paper, to prove that she authored the libelous material. Maria
objected, as writing, and signing her name would violate her right against self- incrimination. Can Maria
legally refuse to write her name/give sample specimens of her handwriting?
a. No, she can be cross examined just like any other witness and her sample signature may be taken
to verify her alleged authorship of the libelous statements.
b. No, her right against self-incrimination is waived as soon as she became a witness. This privilege
may be invoked only by an ordinary witness and not by the accused when she opts to take the
witness stand.
c. Yes, writing is something more than moving the body, or the hands, or the fingers; writing
is not a purely mechanical act, because it requires the application of intelligence and
attention; and in this case writing means Maria will furnish a means to determine whether
she is the falsifier.
d. No
47. X was charged with a certain crime before the RTC. Although bail was allowable under his indictment,
he could not afford to post bail, and so he remained in detention at the city jail. For various reasons,
ranging from the promotion of the presiding judge to the absence of the trial prosecutor, and to the lack
of notice to the city jail warden, the arraignment of X was postponed nineteen times over a period of two
years. What can the lawyer for X do to protect the rights of the accused or his client?
a. File a motion to dismiss due to violation of the right of the accused to speedy trial.
b. File a demurrer to evidence for insufficiency of evidence.
c. File a motion to quash based on grounds provided by the law.
d. Appeal to the higher court.
48. A imagines killing B. A is not criminally liable because __.
a. he does not commence the commission of a crime directly by overt act
b. there is no witness against A
c. there is no injury to B
d. there is no law against imagining a crime
49. X (husband) caught Y (wife) in the act of having sexual intercourse with a neighbor. X became enraged
and immediately inflicted serious physical injuries against both Y and Z on the spot. What will happen
to X if after trial the above facts were proven? (Note: X and Y are legally married)
a. Conviction for death inflicted under exceptional circumstances.
b. Conviction for serious physical injuries inflicted under exceptional circumstances.
c. Conviction for less serious physical injuries
d. X will be declared exempted from punishment.
50. A person jumped off a tall building in order to commit suicide and upon falling to the ground he
miraculously survived. What is that person’s criminal liability?
a. Attempted suicide
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 b. Frustrated suicide
c. Alarms and scandals
d. He has no criminal liability
51. Gen. Kamote entered the house of Don Emilio to make a search therein for papers or other effects but he
is not authorized by judicial order to do such acts. What crime did he commit?
a. Illegal entry c. Trespassing
b. Unlawful Search d. Violation of domicile
52. What felony is committed by any public officer who shall agree to perform an act constituting a crime,
in connection with her performance of his official duties, in consideration of any offer, promise, gift or
present received by such officer, personally or through the mediation of another?
a. Corruption of Public Officials c. Indirect Bribery
b. Direct Bribery d. Plunder
53. What kind of presumption that the law does not allow to be contradicted?
a. Conclusive Presumption c. Prima Facie Presumption
b. Disputable Presumption d. relevant Presumption
54. What crime is committed by Cardo, a public officer who by reason of the duties of his office, is
accountable for public funds or property, shall appropriate the same or shall take or misappropriate or
shall consent, through abandonment or negligence, shall permit any other person to take such public
funds, or property, wholly or partially, or shall otherwise be guilty of the misappropriation?
a. Corruption c. Estafa
b. Fraud d. Malversation
55. What crime is committed by any person who shall wound, beat, or assault another, if in consequence of
it, the person injured shall have become deformed, or shall have lost any other part of his body, or shall
have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which
he has habitually engaged for a period of nine days?
a. Less Serious Physical Injury c. Serious Physical Injury
b. Mutilation d. Slight Physical Injury
56. Any threat to commit a wrong not constituting a crime is known as….
a. Grave Coercion c. Grave threats
b. Light Coercion d. Light Threats
57. What crime is committed is committed by any person who, by means of violence, shall seize anything
belonging to his debtor for the purpose of applying the same to the payment of the debt?
a. Grave Coercion c. Grave threats
b. Light Coercion d. Light Threats
58. It refers to genuine key stolen from the owner or any keys other than those intended by the owner for use
in the lock forcibly opened by the offender.
a. Change key c. False Key
b. Master Key d. Simulated Key
59. What is the means sanctioned by the Rules of Court of ascertaining in a judicial proceeding the truth
respecting a matter of fact?
a. Evidence c. Law
b. Proof d. Statement
60. Any person who shall defraud another with unfaithfulness or abuse of confidence or by means of any of
the false pretenses or fraudulent acts executed prior to or simultaneously with the commission on the
fraud shall be held liable for…
a. Deceit c. Estafa
b. Falsification d. Fraud
61. What is committed by having carnal knowledge of a woman by using force or intimidation, when the
woman is deprived of reason or otherwise unconscious, by means of fraudulent machination or when the
woman is under twelve years of age?
a. Abduction c. Acts of Lasciviousness
b. Rape d. Seduction
62. Literally, it means the substance of the crime. It is the actual commission by someone of the particular
crime charged.
a. Articulo Mortis c. Corpus Delicti
b. Onus Probandi d. Rep Ipsa Loquitor
63. What crime is committed by any person who, in any manner, or under any pretext, shall engage in the
business or shall profit by prostitution or shall enlist the services of any other for the purpose of
prostitution?
a. Grave Scandal c. Immoral Doctrine
b. Vagrancy d. White Slave Trade

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64. Alden, 15 years old, because of extreme jealousy, stabbed Cardo, his 3 years old brother. What crime
did Alden commit?
a. Duel c. Infanticide
b. Murder d. Parricide
65. What is a public and malicious imputation of a crime, or of a vice or defect, real or imaginary or any act,
omission, condition, status or circumstance tending to cause the dishonor, discredit, or contempt of a
natural or juridical person, or to blacken the memory of one who is dead?
a. Intriguing against honor c. Libel
b. Oral Defamation d. Slander
66. Any person who, by any act constituting a perjury, shall directly incriminate or impute to an innocent
person the commission of a crime is liable for…
a. Incriminating innocent person c. Oral Defamation
b. Libel d. Slander
67. What rule states that, “when the terms of an agreement have been reduced to writing, it is considered as
containing all the terms agreed upon and there can be, between the parties and their successors in
interest, no evidence of such terms other than the contents of the written agreement?”
a. Authenticated Evidence c. Best Evidence
b. Genuine Evidence d. Parol Evidence

68. Any person or persons who, without public uprising, shall employ force or intimidation for the
attainment of any of the enumerated in defining all crimes of rebellion and sedition, or shall attack,
employ force, or seriously intimidate or resist any person in authority or any of his agent, while engage
in the performance of official duties, or on occasion of such performance shall be liable for….
a. Direct Assault c. Disturbing Peace
b. Physical Injuries d. Challenging to a Duel
69. It is the taking with intent to gain, of a motor vehicle belonging to another without the latter’s consent,
or by means of violence against or intimidation of persons, or by using force upon things.
a. Brigandage c. Carnapping
b. Highway Robbery d. Qualified Theft
70. Any public officer who, by himself or in connivance with the members of his family, relatives by
affinity or consanguinity, business associates, subordinates, or other persons, amasses, accumulates or
acquires ill-gotten wealth through a combination or series of overt criminal acts in the aggregate amount
or total value of at least fifty million pesos shall be liable for…
a. Bribery c. Corruption
b. Malversation d. Plunder
71. What is the method prescribed by law for the apprehension and prosecution of persons accused of any
criminal offense, and for their punishment, in case of conviction?
a. Criminal Evidence c. Criminal Law
b. Criminal Procedure d. Criminal Trial
72. The following persons disqualified to testify by reason of privileged communications except …
a. Attorney – Client c. Driver – Passenger
b. Husband – Wife d. Physician – Patient
73. What is defined as the power to hear and try a particular offense and impose the punishment for it?
a. Authority c. Duty
b. Jurisdiction d. Responsibility
74. What is the power to hear and determine cases of general class to which the proceedings in question
belong?
a. Jurisdiction over the offense
b. Jurisdiction over the Person of the Accused
c. Jurisdiction over the Subject Matter
d. Jurisdiction over the Victim
75. What is an accusation in writing charging a person with an offense subscribed to by the fiscal and filed
with the court?
a. Affidavit c. Complaint
b. Information d. Motion
76. Who represents the People of the Philippines, or the state, in the prosecution of offenses before the trial
courts either Metropolitan, Municipal, Municipal Circuit or Regional trial courts?
a. Counsel c. Fiscal
b. Judge d. Lawyer
77. Generally, it comes into play in a situation where civil and criminal actions are pending and the issues
involved in both cases are similar or so closely related that an issue must be preemptively resolved in the
civil case before the criminal action may proceed.
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 a. Prejudicial Complaint c. Prejudicial Information
b. Prejudicial Judgment d. Prejudicial Question
78. What is an inquiry or proceeding for the purpose of determining whether there is sufficient ground to
engender a well-founded belief that a crime has been committed and that the respondent is probably
guilty thereof, and should be held for trial?
a. Arraignment c. Cross Examination
b. Preliminary Investigation d. Pre Trial
79. Literally it means a friend of the court, a person with strong interest in or views on the subject matter of
an action but not a party to it.
a. Attorney in fact c. Counsel de officio
b. Amicus Curiae d. House counsel
80. Preliminary Investigation is required to be conducted before the filing of the complaint or information
for an offense where the penalty prescribed by law is at least …
a. 1 yr., 2 mos. And 1 day c. 2 yrs., 2 mos., and 1 day
b. 3 yrs., 2 mos., and 1 day d. 4 yrs., 2 mos., and 1 day
81. 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
82. Arraignment may be suspended in the following situations;
a. A petition for review of the resolution of the prosecutor is pending with the Department of
Justice.
b. There exists a prejudicial question.
c. The accused has been found to be of an unsound mental condition.
d. There is probable cause to hold the accused for trial.
83. Which among the following may not be undertaken during the pre-trial?
a. Marking of evidence c. Stipulation of facts
b. Examination of witnesses d. Plea bargaining
84. Refers to the party appealing the case
a. Accused c. Adverse party
b. Appellee d. Appelant
85. It states that when the testimony is presented to establish not the truth but only the tenor of the statement
or the fact that the statement was made, it is not hearsay and hence admissible. Under this rule, only the
fact that such statements were made is relevant and admissible, but the truth or even the falsity thereof is
not material.
a. Dead Man’s Statue c. Privileged Communication
b. Independently Relevant Statement d. Spousal Immunity Rule
86. The rules allow the proceeding in the instant case to be reopened to avoid miscarriage of justice.
a. After the promulgation of judgment
b. Before the promulgation of judgment
c. After finality of the judgment for conviction
d. Before the finality of judgment of conviction
87. Within how many days after the prosecution has rested its case, may a motion for leave to file demurrer
to evidence be filed?
a. 5 days c. 15 days
b. 10 days d. 30 days
88. Which among the foregoing pleadings may be filed in a criminal case?
a. Cross claim c. Third party complainant
b. Counter claim d. Counter-affidavit
89. The following except one, are valid venues, where may petition for suspension of criminal action by
reason of a pending prejudicial question in a civil proceeding:
a. Office of the prosecutor
b. The court where the criminal case is pending
c. The court where the civil case is pending
d. The court conducting preliminary investigation
90. Amendment without court permission may be allowed in the following instances, except:
a. Amendments as to form
b. Amendments that downgrade the nature of the offense
c. Amendments as to substance
d. Amendments that reflect typographical errors
91. In a preliminary investigation, which among the following may not be submitted by the respondent?
a. Motion to dismiss c. Supporting documents
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 b. Counter affidavit d. Witnesses’ counter affidavit
92. In an act to discipline his child, the father claims that the death of his child was not intended by him. Is
his contention correct?
a. Yes, Absolutely
b. Yes, because such acts is a justifying circumstance provided under par 7 of Art 11, RPC.
c. No, because he is liable under RA 9262
d. No, He is liable under Art. 4 of the RPC.
93. A and B went on a drinking spree. While they were drinking, they had some argument so A stabbed B
several times. A’s defense is that he had no intention of killing his friend and that he did not intend to
commit so grave a wrong as that committed. Is praeter intentionem properly invoked?
a. Yes, because there is no intention to kill, just to stabbed him.
b. Yes, because of friendship
c. NO, praeter intentionemis improperly invoked.
d. No, the fact that several wounds were inflicted on B is hardly compatible with the idea that
he did not intend to commit so grave a wrong as that committed.
94. Buddy always resented his classmate, Kamote. One day, Buddy planned to kill Kamote by mixing
poison in his lunch. Not knowing where he could get poison, he approached another classmate Jerry to
whom he disclosed his evil plan. Because he himself harbored resentment towards Kamote, Jerry gave
Buddy a poison, which Buddy placed on Kamote’s food. However, Kamote did not die because,
unknown to both Buddy and Jerry, the poison was powdered milk. What crime or crimes, if any, did
Jerry and Buddy commit?
a. Attempted Murder
b. Frustrated Murder
c. Attempted Physical injury
d. Impossible Crime
95. Are the grounds for total extinguishment of criminal liability and express pardon or marriage of the
accused and the victim in crimes against chastity absolutory causes?

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 a. Yes, Absolutely
b. Yes, Partially
c. No
d. It depends
96. Marivic confided to her friend Gigi that her marital life had been miserable because she married an
irresponsible and philandering husband. Gigi remarked: “A husband like that deserves to be killed.”
Marivic killed her husband. Is Gigi a principal by inducement?
a. Yes, Absolutely
b. Yes, because of what she uttered is directly inducing the accused
c. No, because she is a principal by indispensable cooperation
d. No, because what she uttered is a thoughtless expression is not an inducement to kill
97. Lydia and Gemma were public school teachers. Lydia's son was a student of Gemma. Lydia confronted
Gemma after learning from her son that Gemma called him a "sissy" while in class. Lydia slapped
Gemma in the cheek and pushed her, thereby causing her to fall and hit a wall divider. As a result of
Lydia's violent assault, Gemma suffered a contusion in her "maxillary area", as shown by a medical
certificate issued by a doctor, and continued to experience abdominal pains. To what crime, if any, is
Lydia liable?
a. Direct Assault
b. Indirect Assault
c. Serious Physical Injury
d. Slander by Deeds
98. A, a detention prisoner, was taken to a hospital for emergency medical treatment. His followers, all of
whom were armed, went to the hospital to take him away or help him escape. The prison guards, seeing
that they were outnumbered and that resistance would endanger the lives of other patients, deckled to
allow the prisoner to be taken by his followers. What crime, if any, was committed by A's followers?
a. Evasion of service of sentence
b. Delivering prisoner from jail
c. Obstruction of justice
d. Conspiracy to evasion
99. A killed B by stabbing B in the heart which resulted to B’s death. The witness is the wife of the victim,
who said that a day prior to the killing, A threatened B. Based on the testimony of the wife, A was
prosecuted for murder due to evident premeditation. Is the charge correct?
a. Yes, because evident premeditation is one among the qualifying aggravating circumstances
b. Yes, because a threat occurred prior to the offense committed
c. No, because the crime committed is homicide only. A mere threat is not sufficient to
constitute evident premeditation.
d. No, because the wife cannot testify against his husband
100. Supposing Pedro was found on the street dead with 30 stab wounds at the back. A witness said that he
saw Juan running away carrying a bladed weapon. What crime was committed by Juan?
a. Murder
b. Murder, qualified by treachery
c. Murder, because the victim sustained 30 stab wounds
d. Homicide only

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