Criminal Law and Jurisprudence (20%)
Consummated homicide
1. Which of the following is a circumstance that
would justify a person from committing an act,
which he could be held criminally liable if the
same is not present?
A. An act done in obedience to an order of
superior for lawful purpose.
B. An act done under the impulse of an
uncontrollable fear of an equal or greater
injury.
C. An act done under the compulsion of an
irresistible force.
D. That of having acted upon an impulse so
powerful as naturally to have produced
passion and obfuscation
2.The mitigating circumstance of immediate
vindication of a grave offense cannot be
appreciated in a case where:
A. Following the killing of his adopted
brother, Tito went to the place where it
happened and killed Jose whom he
found there.
B. Joey kills Vic who attempted to rape
Joey’s wife.
C. Allan severely maltreats Wally, a
septuagenarian, prompting the latter to
kill him.
D. Alden killed Ryan who slandered his
wife.
3. Infractions of mere rules of convenience
designed to secure more orderly regulation of
the affairs of society.
A. mala prohibita
B. mala in se
C. private crimes
D. public crimes
4. X stole the cellphone of Y. Knowing it was
stolen, Z the brother of X sold the cellphone to
another. What is the criminal liability of X?
A. Principal
B. Principal by Indispensable Cooperation
C. Accessory
D. Accomplice
5. Homicide is a crime that can be committed in
its attempted, frustrated, and consummated
stage therefore homicide is.
A. Material Crime
B. Formal Crime
C. Seasonal Crime
D. Continuing Crime
6. Magbo-o shot Cabantud but was not hit
instead it was Cruz, resulting in serious physical
injury. How was the criminal liability of Magbo-o
incurred?
A. Principle of error in personae
B. Principle of praeter intentionem
C. Principle of aberratio ictus
D. Principle of mistake of fact
7. Alpha stabbed Saber in the abdomen,
penetrating the liver and chest of Saber. The
latter survived because he was rushed to the
hospital and was given immediate medical
treatment. What is the criminal liability of Alpha?
A. Attempted homicide
B.
C. Frustrated homicide
D. Slight Physical Injuries
8. Under the law, it exists when a person, while
of advanced age, has a mental development
comparable to that of children between two and
seven years of age. Which one is being
described?
A. Act of self-defense
B. Imbecility
C. Insanity
D. Minority
9. The state has a right to punish the criminal as
a measure so as to protect society from the
threat or wring inflicted by the criminal. This is
because one of the purposes of penalty is -
A. Retribution
B. correction
C. Reformation
D. Social defense
10. Which of the following is a culpable felony?
A. John who accidentally burns a building
B. Johnny who deliberately steal
C. Eric who commits suicide
D. Nina who commits frustration
11. Which of the following is an exempting
circumstance?
A. An act done in obedience to an order by
a superior for some unlawful purpose
B. An act done under the impulse of an
uncontrollable fear of an equal or greater
injury
C. Having acted upon an impulse so
powerful as to have naturally produces
passion and obfuscation
D. An act done in fulfillment of a duty or in
the lawful exercise of a right or office.
12. Exemption to the general rule in cases of
light felonies.
A. When committed against persons
B. When committed against chastity
C. When committed against honor
D. When committed against liberty
13. It is the forfeiture of the right of the state to
execute the final sentence after a certain lapse
of time.
A. Prescription of the crime
B. Prescription of the penalty
C. degree of penalty
D. period of penalty
14. It is the portion of his acts constituting the
felony, starting from the point where the offender
begins the commission of the crime to the point
where he has control over his acts.
A. Objective phase
B. Subjective phase
C. Grave felonies
D. Light felonies
15. The basis of this circumstance affecting
liability is the complete absence of freedom of
action, intelligence, intent or negligence on the
part of the accused.
A. Justifying
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 B. Exempting
C. Aggravating
D. Mitigating
16. Rhea was driving her car when he bumped
Mario. Mario died as a result. At the trial of the
case the prosecutor was able to prove that Rhea
had the “mens rea” when he bumped the victim
Mario. Hence the information for Reckless
Imprudence resulting in Homicide was dismissed
and a new information for murder was filed
against Rhea. What is meant by “mens rea”?
A. It means that Rhea had menstruation at
the time of the crime which might
exempt her.
B. It means Rhea had her monthly period
at the time of the commission of the
crime.
C. Mens Rea means Rhea is a men’s
woman.
D. Means Rea simply means “criminal
intent” that is the act of Rhea was
intentional and not accidental.
17. Five men gave Orly fist blow and kicks
causing him to fall. As they surrounded and
continued hitting him, he grabbed a knife he had
in his pocket and stabbed one of the men
straight to the heart. What crime did Orly
commit?
A. Homicide with incomplete self-
defense, since he could have run from his
aggressors.
B. Homicide, since he knew that
stabbing a person in the heart is fatal.
C. Homicide mitigated by incomplete
self-defense, since stabbing a person to the
heart is excessive.
D. No crime, since he needed to repel
the aggression, employing reasonable means
for doing so
18. The husband, A, has for a long time
physically and mentally tortured his wife, B. After
one episode of beating, B took A’s gun and shot
him dead. Under the circumstances, her act
constitutes?
A. Mitigating vindication of grave
offense
B. Battered woman syndrome, a
complete self-defense
C. Incomplete self-defense
D. Defense under exempting
circumstance
19. Arman, intending to kill Kent, peppered the
latter’s bedroom with bullets, but since the
intended victim was not home at that time, no
harm came to him. What crime is committed?
A. Arman committed of attempted murder
B. Arman committed a crime of attempted
homicide
C. Arman committed a crime of impossible
crime
D. Arman committed a crime of malicious
mischief
20. During trial of a criminal case, it is the
prosecutor who directs the prosecution of the
offenseand he/she did it on the behalf of the
state. Once a case is elevated to the higher court
such aCourt of Appeals, who represents the
State in the prosecution of the offense?
A. Chief State Prosecutor
B. National or provincial prosecutor
C. Solicitor General
D. Judge
21. Executive clemencies are acts of grace
exercised by the president. Which of the
following is
not one of them?
A. Pardon
B. Commutation of Sentence
C. Amnesty
D. Parole
22. Any person directly vested with jurisdiction,
whether as an individual or as a member of
some court, government corporation, board or
commission.
A. Agent of person in authority
B. Government employee
C. Government officer
D. Person in authority
23. A concept of law which hears before it
condemns; which proceeds upon inquiry and
renders judgment after trial.
A. System
B. Criminal Justice System
C. Criminal
D. Due process of law
24. It is a process directed to a person requiring
him to attend and to testify or to bring with him
any books or documents under his control at the
trial of an action.
A. Subpoena
B. Subpoena ad testificandum
C. Subpoena duces tecum
D. Warrant of arrest
25. In the crime of rape, what must be proven in
addition to sexual intercourse?
A. Sterility of the offender
B. The offended party is a prostitute
C. Character and reputation of the offender
D. Resistance on the part of the offended
party
26. Mr. Low Rain, while under the influence of
liquor, fired a gun in the air to proclaim to the
people that he is celebrating his birthday. What
crime did Mr. Rain constitute?
A. Illegal discharge of firearm
B. Alarm and scandals
C. Disturbances
D. Outcry
27. Jayjay, with no intent to kill, aimed his gun to
Orly. When he was about to shoot the latter, Ly
Ann, who is sitting between the two, tapped
down the gun and disable Jayjay. What was the
crime committed by Jayjay?
A. Illegal discharge of firearm
B. Physical Injury
C. Illegal discharge of firearm with slight
physical injury
D. Attempted homicide
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28. Pao, a private individual, enters the dwelling
of Tin against the will of the latter. What crime 35. It is the clipping off or lopping off a part of the
did Pao commit? body for reproduction.
A. Unlawful detention A. Castration C. Physical injuries
B. Violation of domicile B. Mutilation D. Wounding
C. Trespass to dwelling
D. Illegal detention 36. It is committed by any public officer or
employee who shall expel any person from the
29. It is the breach of allegiance to a government Philippine Islands or shall compel such person to
committed by a person who owes allegiance to it. change her residence.
A. Misprision of treason A. Violation of neutrality
B. Espionage B. Violation of domicile
C. Duel C. Expulsion
D. Treason D. Flight to enemy’s country

30. Which of the following statements constitute
inciting to sedition?
A. Utterance of statements irritating or
obnoxious to the ears of the police
officers.
B. Speeches extolling communism and
urging the people to hold a national
strike and paralyze commerce and
trade.
C. Leaders of jeepney and bus
associations shouting “Bukas tuloy ang
welga hanggang sa magakagulo na!”.
D. Speeches calling for resignation of high
government officials
31. The accused repeatedly stabbed his victim in
the abdomen but the latter did not die due to
timely medical intervention, the homicide is in
what stage of execution?
A. Consummated
B. Frustrated
C. Attempted
D. Impossible crime
32. It is a swift attack, accompanied by violence,
intimidation, threat, strategy or stealth against a
facility needed for the exercise and continued
possession of power committed by a person
belonging to the military or police, with or without
civilian support, for the purpose of seizing or
diminishing state power.
A. Rebellion
B. Insurrection
C. Coup d’etat
D. Sedition
33. Professor Mheay gave a failing grade to one
of her students, Erica. When the two met the
following day, Erica slapped Professor Mheay on
the face. What was the crime committed by
Erica?
A. Corruption of Public officials
B. Direct Assault
C. Slight physical injuries
D. Grave coercion
34. Adrian killed Monica. After killing, he had an
anal intercourse with the dead body of Monica.
After trial, Adrian was convicted for Murder. What
circumstance did Adrian do which qualifies the
killing to murder?
A. Treachey
B. Taking advantage to a superior strength
C. Employing means to weaken the
defense
D. Outraging at the corpse of the victim.
37. It is a crime against honor which is
committed by performing any act which casts
dishonor, discredit, or contempt upon another
person.
A. Libel
B. Slander by deed
C. Incriminating innocent person
D. Intriguing against honor
38. Robert, the accused, saw a 28 year old girl
Ms. Garnet near the gate of her residence.
Without a word, Robert kissed Ms. Garnet on the
cheek and brisked softly his hands on to her left
breast. No one saw the incident. In a minute,
Robert left Ms. Garnet, who got shocked and
speechless. What crime was committed by
Robert if any?
A. Acts of lasciviousness
B. Unjust vexation
C. Attempted Rape
D. Seduction
39. KC Concepcion, with evident premeditation
and treachery killed his father Gabby
Concepcion. What was the crime committed by
KC?
A. Murder
B. Parricide
C. Homicide
D. Qualified Homicide
40. What is this evidence which admission is
dependent on its being obtained legally?
A. Conclusive
B. Relevant
C. Competent
D. Material
41. Which is evidence that is also called outside
or extrinsic evidence introduced or submitted to
modify or explain or add to the terms of an
agreement?
A. Parol
B. Supplemental
C. Original
D. Secondary
42. Which is this acknowledgment of guilt by the
person made before a police officer during the
conduct of an official Investigation?
A. Judicial Confession
B. Extrajudicial admission
C. Judicial admission
D. Extrajudicial Confession

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43. It is one which arises in a case, the resolution
of which is a logical antecedent of the issue
involved therein, and the cognizance of which
pertains to another tribunal. It has the following
elements: the previously instituted civil action
involves an issue similar or intimately related to
the issue raised in the subsequent criminal
action, and the resolution of such issue
determines whether or not the criminal action
may proceed. The reason for the existence of
this rule is to avoid conflicting decisions of
different courts:
A. Judicial question
B. Political question
C. Prejudicial question
D. Unanswerable question
44. What do you call that recognition by the court
without the introduction of evidence? It means
that courts will admit without proof of facts those
matters of public concern which are known by all
well-informed persons. It means the cognizance
of certain facts which judges take and act on
without proof or introduction of evidence
because they already know them:
A. Judicial notice
B. Judicial confession
C. Extrajudicial confession
D. Hearsay
45. Evidence is admissible when it is relevant to
the issue and not excluded by the __________.
1. Constitution, the law or the Rules of Court.
2. Constitution, ordinances, and special penal
laws
3. laws of nature, laws of the land, and
Supreme Court
4. Constitution and Bill of Rights
A. 1 only
B. 1 and 2 only
C. 1,2 and 3
D. 4 only
46. The following are the elements of dying
declaration, EXCEPT the
A. declaration pertains to facts or
circumstances surrounding the
declarant's death
B. declaration is in connection with a
startling occurrence or equivocal actions
C. the declarant is competent to testify
D. declarant must eventually die
47. Which of these is the latest definition of
documentary evidence?
A. Documents as evidence consist of
writings, recordings, photographs, or
any material containing letters, words,
sounds, numbers, figures, symbols, or
their equivalent, or other modes of
written expression offered as proof of
their contents. Photographs include still
pictures, drawings, stored images, x-ray
films, motion pictures or videos.
B. Documents as evidence consist of
writing or any material containing
letters, words, numbers, figures,
symbols, or other modes of written
expression offered as proof of their
contents.
C. Both a &b
D. Documentary evidence is a document
which is not oral and can be seen by the
naked eye
48. The original document rule states that no
evidence shall be admissible other than the
original document itself, when the subject of
inquiry is its contents. Prior to the May 1, 2020
amendment to the rules on evidence, this is
known as the
A. best evidence rule
B. original document rule still
C. parol evidence rule
D. marital disqualification rule
.
49. In a buy-bust operation where the authorities
used marked money in buying the subject drugs,
can the prosecution present mere photocopies of
the buy-bust marked money, instead of the
original marked money?
A. No, this is a violation of the best
evidence rule.
B. Yes, it is not a violation of the best
evidence rule, since the marked money
is not documentary but only object
evidence. Best evidence rule applies
only when the subject of inquiry refers
to contents of a document.
C. Yes, it is not a violation of the original
document rule, since the marked money
is not documentary but only object
evidence. Original document rule
applies only when the subject of inquiry
refers to contents of a document.
D. Either A or C
50. X hired Y as an employee, and in the
contract of employment, the salary of Y was
pegged at P200,000.00 a month. Later, X
refused to pay Y P200,000.00 because
according to him, he and Y had a verbal
agreement that Y's salary is conditional in that if
the business did not turn out well, then the
supposed salary of Y would only be P100,000.00
a month. Under the facts, X cannot introduce in
court such a verbal agreement over the objection
of Y that such verbal agreement is a violation of
what rule?
A. Employment contract rule
B. Parol evidence rule
C. Best evidence rule
D. Original document rule
51. May a person who had previous criminal
records be disqualified as a witness?
A. Yes, previous conviction of a crime is a
ground to disqualify a person as a
witness.
B. No, conviction of a crime is not a ground
for disqualification.
C. No, previous conviction of a crime,
unless otherwise specified by the law, is
not a ground to disqualify a person as a
witness.
D. Yes, absolutely, the witness is always
disqualified.
52. When is the testimony of the witness being
offered?
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 A. At the time the witness identifies the
exhibits or evidence
B. At the discretion of the counsel at any
time of the proceedings
C. After the presentation of the testimonies
of the witness.
D. At the time the witness is called to
testify
53. It is the principal law office of the Philippine
government. It is tasked to represent the People
of Department of Justice the Philippines, the
Philippine Government, its agencies and
instrumentalities, officials and agents in any
litigation or matter requiring the services of a
lawyer:
A. Office of the Solicitor General (OSG)
B. Ombudsman
C. Integrated Bar of the Philippines (IBP)
D. Public Attorney's Office
54. What is that sworn statement charging a
person with an offense, subscribed by the
offended party, any peace officer, or other public
officer charged with the enforcement of the law
violated?
A. Complaint
B. Information
C. Subpoena
D. Affidavit
55. X killed Y with treachery. The fiscal forgot to
allege treachery in the information. X was found
guilty of killing Y and treachery was also proven
during trial. Which of the following statement is
correct?
A. A is guilty of murder even if treachery
was not alleged in the information.
B. A is guilty of homicide only because
treachery was not alleged in the
information.
C. A is guilty of homicide only and
treachery will be considered as generic
aggravating circumstance only.
D. A is guilty of homicide only because
treachery was not alleged in the
information and in addition, treachery
cannot even be considered as a generic
aggravating circumstance.
56. The body of the information states, “the
accused willfully stabbed the victim to death.”
Based on this information, may the accused be
convicted of murder?
A. No, because of the absence of a
definite qualifying circumstance in the
information.
B. No, because the words “qualified by” did
not appear in the information.
C. Yes, if he did not object as to its
absence.
D. All of the above
57. This is an inquiry or proceeding to determine
whether there is sufficient ground to engender a
well-founded belief that a crime has been
committed and the respondent is probably guilty,
and should be held for trial:
A. Preliminary investigation
B. Preliminary examination
C. Inquest
D. Custodial investigation
E. Pre-trial
58. Preliminary investigation is required in those
criminal cases where the penalty provided by law
for the offense charged is
__________________________.
A. over 6 years imprisonment
regardless of the amount of fine
B. exceeding 6 years imprisonment
irrespective of the amount of fine
C. at least 4 years, 2 months and 1 day of
imprisonment irrespective of the amount
of fine
D. at least 4 years, 2 months and 1 day of
imprisonment but depending on the of
the amount of fine
59. All of the following may conduct preliminary
investigation EXCEPT
A. Provincial or City Prosecutors and their
assistants
B. Judges of the Municipal Trial Courts
and Municipal Circuit Trial Courts
C. National and Regional State
Prosecutors
D. Other officers as may be authorized by
law such as the Office of the
Ombudsman, Comelec legal officers,
PCGG etc.
E. at least 4 years, 2 months and 1 day of
imprisonment but depending on the of
the amount of fine
60. The illegality of an arrest can be questioned
by the arrested person before the court only at
the proper time. When is the proper time for the
accused to question or challenge the illegality of
the arrest?
A. At any time during the proceedings
B. Before entering his plea
C. After posting bail
D. Before the pre-trial conference
61. A is charged before the Regional Trial Court
of homicide. His bail here is _____________.
A. a matter of right
B. a matter of discretion
C. both a and b
D. either a or b
62. It is the proceeding in a criminal case, whose
object is to fix the identity of the accused, to
inform him of the charge against him and to give
him an opportunity to plead, or to obtain from the
accused his answer to the accusation. It consists
of the reading of the criminal complaint or
information to the defendant by the judge or
clerk, and the delivering to him of the copy
thereof, including a list of witnesses and asking
him whether he pleads guilty or not guilty. Thus,
it is the formal mode and manner of
implementing the constitutional right of the
accused to be informed of the nature and cause
of the accusation against him:
A. Plea
B. Pre-trial
C. Arraignment
D. Appeal
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63. What is the action of the court if the accused
refuses to plead one way or another during the
arraignment?
A. A plea of not guilty is entered for him.
B. The presumption of innocence is overturned
and he is declared guilty.
C. The court will declare the accused in
contempt of court.
D. The court will appoint a counsel de officio for
the accused.
64. It is a milestone document in the history of
human rights.
A. Human Rights
B. Bill of Rights
C. Universal Declaration of Human Rights
D. AOTA
65. One of the tests for valid restriction of
freedom of speech and expression that permits
limitation on speech once a rational connection
has been established between the speech
restrained and the danger contemplated.
A. Dangerous tendency doctrine
B. Balancing of interest test
C. Clear and present danger rule
D. NOTA
66. What law declared the effectiveness of the
creation of the Commission on Human Rights
(CHR) as provided for in the 1987 Philippine
Constitution?
A. E.O No. 292
B. Article XIII, Section 17 of the 1987
constitution
C. Article IX of the 1987 Constitution
D. E.O No. 163
67. What section of Art. III Bill of Rights provided
the constitutional rights of a person who is under
custodial investigation?
A. Sec. 13 of Art. III
B. Sec. 14 of Art. III
C. Sec. 11 of Art. III
D. Sec. 12 of Art. III
68. The minimum age of employment is ______
for hazardous jobs, and _________ for non
hazardous jobs.
A. 21 years and 18 years
B. 18 years and 21 years
C. 18 years and 15 years
D. 15 years and 18 years
69. The Philippines is at war with China. The
President issued an order prohibiting the sending
of letters to China nor flight to the said enemy
country. BBM, a Filipino, despite such order
rented a private plane going to China. While
BBM was about to board the plane, he was
arrested by members of the aviation security
group. Is BBM liable for a crime of flight to
enemy country.*
A. No, because he was just about to board
when he was arrested.
B. No, because he did not successfully
reach Japan.
C. Yes, because mere attempt to flight is
punishable
D. Yes, because mere intent to flight is
punishable under the law.
70. Patrolman Harry without legal grounds
arrested and detained Chel Diokno and deprived
said person of his liberty. Patrolman Harry is
liable for:
A. Illegal detention
B. Arbitrary detention
C. Unlawful arrest
D. Kidnapping
71. Digong was arrested for illegal possession of
firearms which is considered a low power gun.
Considering that such is punishable by
correctional penalty, within how many hours
should a case be filed to the proper judicial
authority?
A. 12 hours
B. 18 hours
C. 24 hours
D. 36 hours
72. BBM was convicted for a crime of robbery
before serving his sentence or while serving the
same, he commited a crime of murder, what
condition is said to have occurred?
A. Recidivism
B. Reiteracion
C. Quasi-Recidivism
D. Habitual delinquency
73. Pedro was able to have carnal knowledge
with his 17 year-old girlfriend by promising the
latter with marriage, What crime was commited?*
A. Qualified Seduction
B. Acts of lasciviousness
C. Simple seduction
D. None of the foregoing
74. A vessel is sailing within the internal waters
of the Philippines. Suddenly Jerald, an outsider,
boarded the vessel and took a part of it. While
Jerald is on flee, he fired upon one of the
passengers of the said vessel. What crime is
committed by Jerald?*
A. Piracy
B. Murder
C. Mutiny
D. Qualified Piracy
75. Ace Navarro was charged with theft, during
the trial, the prosecution was able to prove
estafa. Ace Navarro was acquitted of theft. Can
Ace Navarro be prosecuted for estafa later
without placing him in double jeopardy?
A. Yes, for jeopardy to attach, the basis is
the crime charged in the complaint or
information, and the one proved at the
trial
B. No, the first jeopardy didn’t attach
because the first information was not
valid
C. Yes, the first jeopardy didn’t attach
because the first information was not
valid
D. No, for jeopardy to attach, the basis is
the crime charged in the complaint or
information, and the one proved at the
trial
76. Ernesto , a tricycle driver, plied his usual
route using a Suzuki motorcycle with a sidecar.
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One evening, Eduardo rode on the sidecar, poked
a knife at Ernesto and instructed him to go near
the bridge. Upon reaching the bridge, Eduardo
alighted from the motorcycle and suddenly
stabbed Ernesto several times until he was dead.
Eduardo fled from the scene taking the motorcycle
with him. What crime/s did Eduardo commit?
A. Carnapping with Homicide
B. Carnapping and Murder
C. Carnapping and Homicide
D. Homicide
77. The crime committed is a victimless crime.
Upon service of the warrant of arrest to the
accused, the latter requested that you defer the
service of the same, after all the crime committed
without a complainant and he giving you
something in return. How would you best deal the
situation?
A. I will enforce the warrant but
accommodate the request for the first
time
B. I will enforce the warrant regardless of
the fact that the crime is victimless
C. I will not enforce the warrant since there
is a victim, this case will only help in
clogging the court dockets
D. I will enforce the warrant but
accommodate the request as it is just
between me and the offender
78. The difference between mistakes of fact from
mistake of identity is that ____________.*
A. In both there is a lawful mistake
B. In both the offender are related
C. Mistake of fact is without criminal liability
D. Mistake in identity is without criminal
liability
79. Jojo raped Sasa in the presence of her
husband, forcing her, using the dog style position
in the sexual act. Rape is committed aggravated
by what circumstance?
A. Ignominy C. Passion
B. Cruelty D. Craft
80. Ernesto , a tricycle driver, plied his usual
route using a Suzuki motorcycle with a sidecar.
One evening, Eduardo rode on the sidecar, poked
a knife at Ernesto and instructed him to go near
the bridge. Upon reaching the bridge, Eduardo
alighted from the motorcycle and suddenly
stabbed Ernesto several times until he was dead.
Eduardo fled from the scene taking the motorcycle
with him. What crime/s did Eduardo commit?
A. Carnapping with Homicide
B. Carnapping and Murder
C. Carnapping and Homicide
D. Homicide
81. What do you call that procedure where
hearings of testimonies are dispensed with
instead only affidavits or counter affidavits of the
parties and their witnesses are made in lieu of the
former, subject however to cross examination.
A. special procedure
B. summary procedure
C. trial
D. regular procedure
82. Z as husband, dies before he could institute
the criminal action for adultery against his wife
and the paramour. The case may.
A. Be prosecuted by the State
B. Still be prosecuted
C. No longer be prosecuted
D. Be prosecuted by the husband’s parents
83. W was arrested in the act of committing a
crime on October 1, 2011. After an inquest
hearing, an information was filed against W and
his lawyer learned of the same on October 5,
2011. W wants to file a motion for preliminary
investigation and therefore he has only up to
_____ to file the same.
A. November 15, 2011
B. October 20, 2011
C. October 10, 2011
D. October 16, 2011
84. What is the proper charge against a lawyer
who reveals the secrets of his client learned by
him in his professional capacity?
A. The lawyer should be charged with
betrayal of trust
B. The lawyer should be charged with
unauthorized revelation of classified materials
C. The proper charge against the lawyer
should be revealing secrets with abuse of office
D. The lawyer should be charged with
revelation of secrets of private individual
85. Husband punched and kicked his pregnant
wife causing the death of their unborn child is
guilty of.
A. Parricide
B. unintentional abortion
C. Abortion
D. intentional abortion
86. Charlie and Lea had been married for more
than 6 months they live together with the children
of Lea from her first husband. Charlie had sexual
relation with Jane, the 14 year old daughter of
Lea. Jane loves Charlie very much. What was the
crime committed by Charlie?
A. Qualified Seduction
B. Consented Abduction
C. Rape
D. Simple Seduction
87. Which of the following is ‘Violation of Human
Rights’?
A. a woman getting less salary than a man,
for same amount of work
B. a child working in a toy-factory
C. bad-mouthing about someone's looks
D. all of these
88. A, in a public place, fired his gun at B with the
intention of killing B, but the gun did not fire
because the bullet is a dud. The crime is:
A. grave threat
B. Attempted homicide
C. impossible crime
D. alarm and scandal
89. Mauro was charged before the court. During
the pendency of his trial, he died. What would be
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the effect of his death on the case involved and in
his criminal liability?
A. The criminal case will be dismissed and
his criminal liability is extinguished.
B. The criminal case will proceed and his
criminal liability is not extinguished.
C. The criminal case will be archived to
wait for his resurrection.
D. There will be no effect at all because his
relatives will be the one to face trial and
be punished in case of his conviction.
90. A intended to kill B. One night, A shouted at
the person whom he thought to be B. An
altercation ensued. In the process, A fired his gun
at the person who died as a consequence. It
turned out that the person whom he shot and
killed was not B but his own father, C. This best
illustrates:
A. impossible crime
B. prater intentionem
C. error in personae
D. aberratio ictus
91. That cause, which, in the natural and
continuous sequence, unbroken by any efficient
intervening cause, produces the injury without
which the result would not have occurred.
A. Probable cause
B. Immediate cause
C. Intervening cause
D. Proximate cause
92. Digong induces Bong Go to kill BBM. Bong
Go killed BBM by means of treachery. Should
treachery be appreciated also against Digong, the
principal by inducement?
A. Yes, if he has knowledge that X killed Y
by means of treachery.
B. Yes, because there was conspiracy
C. Yes, because when there is conspiracy,
the act of one is an act of all.
D. Yes because he is principal by
inducement, so he is liable for all the
acts of the principal by direct
participation.
93. Z as husband, dies before he could institute
the criminal action for adultery against his wife
and the paramour. The case may:
A. Be prosecuted by the State
B. Still be prosecuted
C. No longer be prosecuted
D. Be prosecuted by the husband’s parents
94. Alma and Baldo are college sweethearts.
Alma became pregnant. They decided to abort the
baby. Baldo went to Quiapo and bought abortives
and administered the same to Alma and the fetus
died. What crime/s is/are committed?
A. Alma and Baldo are liable for Intentional
Abortion. In addition, Alma is liable also
for abortion practiced by woman herself
B. Alma and Baldo are liable for Intentional
Abortion
C. Alma is liable for abortion practiced by
woman herself while Baldo is liable for
Intentional Abortion
D. Alma and Baldo are liable for Intentional
Abortion with abortion practiced by
woman herself
95. Panelo killed Roque by stabbing him from
behind. Panelo called his brother-in-law Harry,
and told the latter that he killed Roque. Panelo
asked Harry to bury the cadaver of Roque to
prevent discovery which he did:
A. Harry is an accessory but is exempt
from liability
B. Harry is an accessory and is liable
C. Harry is an accessory but excused from
liability pursuant to art 22 of the Revised
Penal Code
D. Harry is an accomplice
96. A big fire razed a row of houses in a thickly
populated neighborhood. To prevent the spread of
fire, some of the residents demolished several
houses. These persons are:
A. Civilly liable but not criminally liable
B. Criminally and civilly liable
C. Civilly and criminally not liable
D. Criminally liable but not civilly liable
97. Annie complained to her bestfriend Liza that
she had been seriously battered by her husband
for so long, Liza remarked ‘’kung ako sayo
patayin ko na lang siya,walang karapatang
mabuhay ang asawang ganyan’’ Lenie killed her
husband:
A. Liza is liable as principal by inducement.
B. Liza is not liable because a thoughtless
expression is not an inducement to
commit a crime.
C. Liza is liable as principal for inducement
includes suggestion to commit a crime.
D. Liza is not liable as principal but as an
accessory.
98. Article 1 of the 'Universal Declaration of
Human Rights' states 'All human beings are born
free and equal in dignity and rights?
A. True
B. false
C. partially true
D. partially false
99. Which of the following is not correct about
confession?
A. if made by third persons, in certain cases,
are admissible against party.
B. it must always be express, never implied.
C. it is a categorical acknowledgment of guilt.
D. if made by the party himself, in some
instances, is admissible against his co-accused.
100. The Parol Evidence Rule applies to:
A. judgment on a compromise agreement
B. will and testaments
C. written agreements or contractual
documents
D. subsequent agreements placed on issue
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