CRIMINAL LAW AND JURISPRUDENCE

EVIDENCE AND CRIMINAL PROCEDURE

Final coaching
2024 Criminology Licensure Examinations

ATTY. XANDREDG SUMPT L. LATOG

• 1. This is the kind of evidence which is addressed to the senses of the
court.

• A. Object evidence
• B. Testimonial Evidence
• C. Hearsay evidence
• D. Documentary evidence
 • ANSWER:

• A. Object evidence
• 2. This is evidence which has a tendency in reason to establish the
probability or improbability of the fact in issue

• A. Relevant evidence
• B. Material Evidence
• C. Admissible evidence
• D. Competent evidence
 • ANSWER:

• A. Relevant evidence
• 3. It is evidence which is not excluded by any law or the rules on
Evidence

• A. Relevant evidence
• B. Material Evidence
• C. Admissible evidence
• D. Competent evidence
 • ANSWER:

• D. Competent evidence
• 4. The kind of evidence which does not bear directly on the fact in
dispute but on various attendant circumstances from which one may
infer the occurrence of a fact in dispute

• A. Circumstantial evidence
• B. Material Evidence
• C. Admissible evidence
• D. Direct evidence
 • ANSWER:

• A. Circumstantial evidence
• 5. When is evidence admissible?

• A. When it is constitutionally and statutorily not disallowed

• B. When it material, relevant, and direct
• C. When it is relevant to the issue and is not excluded by the law of
the Rules on Evidence.
• D. All of the above
 • ANSWER:

• C. When it is relevant to the issue and is not excluded by the law of

the Rules on Evidence.
• 6. Under this rule, 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. Original Document Rule

• B. Best Evidence Rule
• C. Parol Evidence Rule
• D. Equipoise Rule
 • ANSWER:

• C. Parol Evidence Rule

• 7. This refers to evidence other than the original instrument or
document itself

• A. Photocopy evidence
• B. Secondary evidence
• C. Circumstantial evidence
• D. Irrelevant evidence
 • ANSWER

• B. Secondary evidence
• 8. The following evidence are admissible EXCEPT:

• A. The wife testifying against her husband in a case of marital rape

• B. The husband testifying against his wife in a drug-related case
• C. The lawyer testifying against his own client as to communications
made by the latter to the former regarding his plan to rob a local
pawnshop.
• D. None of the above
 • ANSWER:

• B. The husband testifying against his wife in a drug-related case

• 9. It is a statement other than one made by the declarant while
testifying at a trial or hearing, offered to prove the truth of the facts
asserted therein.

• A. Independently relevant statement

• B. Hearsay statement
• C. Spontaneous Exclamation
• D. None of the above
 • ANSWER:

• B. Hearsay statement
• 10. Which of the following is an EXCEPTION of the hearsay rule?

• A. Dying declarations
• B. Declaration against interest
• C. Part of the res gestae
• D. All of the above
 • ANSWER:

• D. All of the above

• 11. It is a witness who belongs to the profession or calling to which
the subject matter of the inquiry relates and who possesses special
knowledge on questions on which he proposes to express an opinion.

• A. Expert witness
• B. Character witness
• C. Professional witness
• D. Medical witness
 • ANSWER:

• A. Expert witness
• 12. The duty of a party to present evidence on the facts in issue
necessary to establish his or her claim or defense by the amount of
evidence required by law.

• A. Burden of Evidence
• B. Burden of laying the predicate
• C. Burden of proof
• D. Burden of laying the basis
 • ANSWER:

• C. Burden of proof
• 13. These are inferences which the law makes so peremptory that it
will not allow them to be overturned by any contrary proof however
strong

• A. Disputable presumptions
• B. Conclusive presumptions
• C. Remarkable presumptions
• D. Judicial presumptions
 • ANSWER:

• B. Conclusive presumptions
• 14. It is a question which suggests to the witness the answer which
the examining party desires

• A. Misleading question
• B. Leading question
• C. Irrelevant question
• D. Objectionable question
 • ANSWER:

• B. Leading question
• 15. It is a question which assumes as true a fact not yet testified to by
the witness, or contrary to that which he or she has previously stated.
It is not allowed.

• A. Misleading question
• B. Leading question
• C. Irrelevant question
• D. Objectionable question
 • ANSWER:

• A. Misleading question
• 16. Leading questions are allowed in the following circumstances,
EXCEPT:

• A. On cross-examination
• B. When the prosecution wants to establish the identity of the
accused
• C. When the defense wants to establish the good moral character of
the accused
• D. All of the above
 • ANSWER:

• A. On cross-examination
• 17. It is any other writing, deed, or instrument executed by a private
person without the intervention of a notary or other person legally
authorized by which some disposition or agreement is proved or set
forth.

• A. Private document
• B. Public document
• C. Handwritten document
• D. Typewritten document
 • ANSWER:

• A. Private document
• 18. When may the offer of the testimony of a witness be made?

• A. At the time of the pre-trial conference

• B. After the presentation of a party’s testimonial evidence
• C. Before the court issues a pre-trial order
• D. At the time the witness is called to testify
 • ANSWER:

• D. At the time the witness is called to testify

• 19. In civil cases, the burden of proof rests upon the plaintiff, who is
required to establish his/her case by

• A. Clear and convincing evidence

• B. Substantial evidence
• C. Preponderance of evidence
• D. Evidence of guilt beyond reasonable doubt
 • ANSWER

• C. Preponderance of evidence
• 20. It refers to information or the representation of information, data,
figures, symbols or other modes of written expression, described or
however represented, by which a right is established or an obligation
extinguished, or by which a fact may be proved and affirmed, which is
received, recorded, transmitted, stored, processed, retrieved or
produced electronically.

• A. Electronic evidence
• B. Electronic document
• C. Electronic key
• D. Electronic data message
 • ANSWER:

• A. Electronic evidence
• 21. It constitutes the totality of the DNA profiles, results and other
genetic information directly generated from DNA testing of biological
samples

• A. DNA evidence
• B. Biological evidence
• C. DNA test results
• D. None of the above
 • ANSWER:

• A. DNA evidence
• 22. A person who at the time of giving testimony is below the age of
eighteen (18) years. In child abuse cases, a child includes one over
eighteen (18) years but is found by the court as unable to fully take
care of himself or protect himself from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental
disability or condition.

• A. Child in conflict with the law (CICL)

• B. Child witness
• C. Minor
• D. Minor witness
 • ANSWER

• B. Child witness
• 23. A person appointed by the court where the case is pending for a
child who is a victim of, accused of, or a witness to a crime to protect
the best interests of the said child.

• A. Counsel de officio
• B. Guardian ad litem
• C. Support witness
• D. None of the above
 • ANSWER:

• B. Guardian ad litem
• 24. This means the totality of the circumstances and conditions as are
most congenial to the survival, protection, and feelings of security of
the child and most encouraging to his physical, psychological, and
emotional development.

• A. Child welfare
• B. Best interests of the child
• C. Developmental level
• D. Guardianship
 • ANSWER:

• B. Best interests of the child

• 25. The following are correct EXCEPT:

• A. Original jurisdiction is the power of the court to take cognizance of

a case at its inception or commencement.
• B. Exclusive Jurisdiction is that jurisdiction possessed by the court to
the exclusion of all others.
• C. Appellate jurisdiction is that possessed by the court together with
another court or other courts over the same subject matter.
• D. Special jurisdiction or limited jurisdiction is the authority of the
court to hear and determine particular cases only.
 • ANSWER:

• C. Appellate jurisdiction is that possessed by the court together with

another court or other courts over the same subject matter.
• 26. For offenses where a preliminary investigation is required
pursuant to section 1 of Rule 112, criminal action is instated:

• A. by filing the complaint or information directly with the Municipal

Trial Courts and Municipal Circuit Trial Courts, or the complaint with
the office of the prosecutor.
• B. by filing the complaint with the proper officer for the purpose of
conducting the requisite preliminary investigation.
• C. by filing before the office of Raffy Tulfo a grievance claim for
possible settlement
• D. None of the above
 • ANSWER:

• B. by filing the complaint with the proper officer for the purpose of
conducting the requisite preliminary investigation.
• 27. In the crime of adultery and concubinage, the criminal action is
instituted

• A. upon a complaint filed by the offended spouse

• B. upon an information filed by the city prosecutor
• C. upon complaint filed by the spouse or his/her relative by
consanguinity within the 3rd civil degree
• D. upon an information filed by the provincial prosecutor
 • ANSWER:

• A. upon a complaint filed by the offended spouse

• 28. It 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 thereof, and
should be held for trial.

• A. Inquest
• B. Pre-Trial Conference
• C. Plea Bargaining
• D. Preliminary Investigation
 • ANSWER:

• D. Preliminary Investigation
• 29. A preliminary investigation is required to be conducted before the
filing of a compliant or information for an offense where the penalty
prescribed by law is at least

• A. 6 years and 1 day

• B. 8 years, 2 months and 1 day
• C. 4 years, 2 months and 1 day
• D. 12 years and 1 day
 • ANSWER:

• C. 4 years, 2 months and 1 day

• 30. A proceeding conducted when a person is lawfully arrested
without a warrant involving even also an offense which requires a
preliminary investigation

• A. Inquest
• B. Preliminary investigation
• C. Pre-Trial Conference
• D. Plea Bargaining
• ANSWER:

• A. Inquest
• 31. It is the taking of a person into custody in order that he may be
bound to answer for the commission of an offense.

• A. Arrest
• B. Kidnapping
• C. Arbitrary detention
• D. Limited time detention
• ANSWER:

• A. Arrest
• 32. Which of the following instances may a police officer arrest a
person without an arrest warrant?

• A. When the accused was seen suspiciously carrying a matchbox

• B. When the accused was caught carrying a handbag that looks
expensive
• C. When the accused was caught in the act of committing an offense
during a buy-bust operation
• D. None of the above
 • ANSWER:

• C. When the accused was caught in the act of committing an offense

during a buy-bust operation
• 33. It is a form of entrapment, in which the violator is caught in
flagrante delicto and the police officers conducting the operation are
not only authorized but duty-bound to apprehend the violator and to
search him for anything that may have been part of or used in the
commission of the crime.

• A. Hot Pursuit
• B. Plain view
• C. Equipoise
• D. Buy-bust operation
 • ANSWER:

• D. Buy-bust operation
• 34. It is defined as such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense has
been committed by the person sought to be arrested.

• A. Reasonable suspicion
• B. Probable cause
• C. Proof beyond reasonable doubt
• D. Clear and convincing evidence
 • ANSWER:

• B. Probable cause
• 35. Any objection, defect or irregularity attending an arrest must be
made

• A. after the accused requests for a preliminary investigation

• B. before the accused enters his plea on arraignment
• C. before inquest is conducted
• D. after the prosecution rests its case
 • ANSWER:

• B. before the accused enters his plea on arraignment

• 36. It is the security given for the release of a person in custody of the
law, furnished by him or a bondsman, to guarantee his appearance
before any court as required under the conditions hereinafter
specified

• A. Bail
• B. Guaranty
• C. Lukat
• D. Recognizance
• ANSWER:

• A. Bail
• 37. All persons in custody shall be admitted to bail as a matter of right
EXCEPT:

• A. before or after conviction by the Metropolitan Trial Court, Municipal

Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court
• B. before conviction by the Regional Trial court of an offense not
punishable by death, reclusion perpetua, or life imprisonment.
• C. before conviction by the Regional Trial Court of an offense punishable
by death, reclusion perpetua, or life imprisonment, when evidence of
guilt is not strong
• C. before the Metropolitan Trial Court, Municipal Trial Court, Municipal
Trial Court in Cities, or Municipal Circuit Trial Court, when evidence of
guilt is not strong
 • ANSWER:

• C. before the Metropolitan Trial Court, Municipal Trial Court,

Municipal Trial Court in Cities, or Municipal Circuit Trial Court, when
evidence of guilt is not strong
• 38. It is an offense which, under the law existing at the time of its
commission and of the application for admission to bail, may be
punished with death.

• A. Correctional offense
• B. Afflictive offense
• C. Capital offense
• D. Crimes of passion
 • ANSWER:

• C. Capital offense
• 39. Christian testified that he knew Ricci cheated on his wife Andrea
because Andrea told him in a drinking session days later that she saw
a naked woman in Ricci’s condominium unit. Christian’s testimony is:

• A. Admissible because Christian is a reputable businessman with no

reason to lie in open court
• B. Inadmissible because Christian merely got Andrea drunk so he can
obtain information from her.
• C. Admissible because what Andrea told Christian was an
independently relevant statement.
• D. Inadmissible because Christian’s testimony is hearsay.
 • ANSWER:

• D. Inadmissible because Christian’s testimony is hearsay.

• 40. In all criminal prosecutions, the accused shall be entitled to the
following rights EXCEPT:

• A. To be presumed innocent until the contrary is proved beyond

reasonable doubt.
• B. To be informed of the nature and cause of the accusation against
him
• C. To be informed of his right to a preliminary investigation
• D. To be exempt from being compelled to be a witness against himself
 • ANSWER:

• C. To be informed of his right to a preliminary investigation

• 41. It is the mode by which an accused assails the validity of a criminal
complaint or information filed against him for insufficiency on its face
in point of law, or for defects which are apparent in the face of the
information

• A. Motion to quash
• B. Motion to dismiss
• C. Motion for a bill of particulars
• D. Motion for extension
 • ANSWER:

• A. Motion to quash
• 42. When may an accused move for the quashal of the information?

• A. At any time before pre-trial

• B. Before the prosecution rests its case
• C. Before promulgation of judgment
• D. At any time before entering his plea
 • ANSWER:

• D. At any time before entering his plea

• 43. It is a legal process which has been likened to a writ of discovery
employed by the State to procure relevant evidence of a crime.

• A. Warrant of arrest
• B. Search warrant
• C. Bench warrant
• D. None of the above
 • ANSWER:

• B. Search warrant
• 44. As a general rule, in a checkpoint, what is allowed is

• A. A routine inspection
• B. An extensive search
• C. A stop and frisk search
• D. None of the above
 • ANSWER:

• A. A routine inspection
• 45.