PRE-BOARD QUESTIONS IN CLJ 1

(Compiled by Melcon S. Lapina, MSCrim)

1. The accused was charged with Serious Physical Injury because the injuries produced scar. Decide.
a. serious physical injury is committed
b. less serious physical injury is committed
c. maltreatment is committed
d. slight physical injury is committed

2. The accused, 3 young men, resented the fact that the victim continued to visit a girl in their
neighborhood despite the warning they gave him. So one evening after the victim has visited the girl, they
seized and tied him to a tree (with both arms and legs around the tree). They thought they would give him a
lesson by whipping him with branches of gumamela until the victim fell unconscious. The accused left not
knowing that the victim died.
a. homicide
b. manslaughter
c. murder
d. parricide

3. The authority of the court to take cognizance of a case in the first instance is known as:
a. appellate jurisdiction
b. delegated jurisdiction
c. general jurisdiction
d. original jurisdiction

4. The authority to hear and try a particular offense and impose the punishment for it.
a. criminal jurisdiction
b. criminal justice system
c. criminal procedure
d. custodial investigation

5. The cognizance of certain facts which judges may properly take and act without proof because they
already know them.
a. judicial admission
b. judicial information
c. judicial knowledge
d. judicial notice

6. The complaint or information should state the following, EXCEPT

a. name of the accused
b. name of the court
c. name of the offended party
d. the designation of the offense by the statute

7. The court may dismiss the case on the ground of insufficiency of evidence.
a. on its own initiative after giving the prosecution an opportunity to be heard
b. on motion of the accused filed with prior leave of court
c. on motion of the counsel
d. a and b only

8. The crime of libel prescribes in

a. 1 yr
b. 6 mos
c. 2 mos
d. 5 yrs

9. The declaration made by a person deceased. Or unable to testify, against the interest of the declarant….
a. acknowledgement
b. admission
c. confession
d. declaration against interest
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10. The declaration of an accused acknowledging his guilt of the offense charged, or of any offense
necessarily included therein, may be given in evidence against him.
a. acknowledgement
b. admission
c. confession
d. declaration against interest

11. The detention is only incidental; the primary criminal intention of the offender is to charge the offended
party for a crime he did not actually commit.
a. arbitrary detention
b. illegal detention
c. kidnapping
d. unlawful arrest

12. The disturbance or interruption shall be deemed to be tumultuous if caused by

a. band
b. brigands
c. conspirators
d. more than three persons who are armed or provided with means of violence

13. The duty of the party to present evidence to establish his claim is referred to as
a. burden of proof
b. burden of evidence
c. bill of particulars
d. presentation of evidence

14. The evidentiary fact (the evidence)

a. factum probandum
b. factum probans
c. falsus in uno, falsus in omnibus
d. force majeure

15. The existence of a valid prejudicial question may cause the suspension of the
a. arraignment
b. judgment
c. preliminary
d. trial

16. The following are not exempted from light felonies, EXCEPT
a. accessories
b. accomplices
c. conspirators
d. principals

17. The following are some basic principles in relation to penalties, EXCEPT
a. Marriage of one of the accused with offended party extinguishes the criminal action or
remits the penalty already imposed to all accused
b. No felony shall be punishable by any penalty not prescribed prior to its commission
c. Pardon does not extinguish criminal action except as provided in Art. 344 of this Code
d. Penal laws shall have no retroactive effect except if it is in favor of the accused and he is not a
habitual criminal

18. The following are the guidelines in fixing the amount of the bail, EXCEPT
a. age and health of the accused
b. character of the accused appearing in trial
c. educational and intellectual capacity of the accused to understand nature of release on bail
d. probability of the accused appearing in trial
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 PRE-BOARD QUESTIONS IN CLJ 3
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19. The following are the requisites before a court can validly exercise its jurisdiction, except:
a. it must have jurisdiction over the investigation
b. it must have jurisdiction over the person of the accused
c. it must have jurisdiction over the subject matter
d. it must have jurisdiction over the territory where the offense was committed

20. The following are the requisites for the issuance of a search warrant, EXCEPT
a. it must be issued upon probable cause
b. particularly describing the person to be seized
c. particularly describing the place to be searched
d. the probable cause must be personally determined by the judge

21. The following are the requisites for the issuance of a warrant of arrest, EXCEPT
a. it must be issued upon probable cause
b. particularly describing the person to be seized
c. particularly describing the place to be searched
d. the probable cause must be personally determined by the judge

22. The following are the requisites of an information, EXCEPT:

a. it must be filed by the offended party
b. it must be in writing
c. it must be subscribed by the fiscal
d. it must charge a person with an offense

23. The following grounds are not considered waived even if the accused fails to move to quash the
complaint or information, EXCEPT
a. double jeopardy
b. extinction of the offense
c. lack of jurisdiction
d. the officer who filed the complaint lacks authority

24. The following matters are considered during the pre-trial, EXCEPT
a. filing a motion for extension
b. plea bargaining
c. stipulation of facts
d. waiver of objects

25. The following may conduct preliminary investigation.

a. all
b. judges of the lower courts
c. national and regional state prosecutors
d. provincial or city fiscals

26. The following statements are false; EXCEPT

a. the accused may be arraigned in a court other than where the case is assigned
b. the accused may enter his plea by counsel
c. the accused may excuse/waive arraignment
d. the accused must personally enter his plea

27. The general rule is that every person criminally liable for a felony is also civilly liable. There are,
however, certain crimes, which do not give rise to civil liability. Among these rules are
a. all of these
b. crimes against popular representation
c. crimes of espionage
d. flight to enemy country

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28. 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 disqualification rule
b. marital privileged communication
c. marital prohibition
d. privileged communication

29. The Judiciary Reorganization Act is otherwise known as:

a. B.P. 129
b. P.D. 1612
c. P.D. 186
d. R.A. 7695

30. An aggravating circumstance is present, period of penalty shall be

a. maximum period
b. medium period
c. minimum period
d. offset each other

31. The law expanding the jurisdiction of the Metropolitan Trial Court, Municipal Trial Courts and
Municipal Circuit Trail Courts is known as:
a. P. D. 1612
b. P. D. 1866
c. R. A. 7659
d. R. A. 7691

32. The means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a
matter of fact.
a. Criminal Evidence
b. Criminal Law
c. Criminal Procedure
d. Criminal Proceeding

33. The number of days the accused has to prepare for trial after a plea of not guilty is entered.
a. at least 15 days
b. within 10 days
c. within 30 days
d. within 45 days

34. The number of hours within which the police should file a complaint after the arrest of a person
committing a crime punishable by correctional penalties. Otherwise, the same police officer will be charged
of arbitrary detention.
a. 12 hrs
b. 18 hrs
c. 36 hrs
d. 72 hours

35. The offended spouse should be the one to file the complaint in the crimes of:
a. acts of lasciviousness
b. adultery and concubinage
c. bigamy
d. rape

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36. The offender is entrusted with public fund or property only administer or apply the same to the public
purpose for which it was appropriated by law or ordinance. Instead of applying it to the public purpose to
which the fund or property was already appropriated by law, the public officer applied it to another purpose.
a. fraud of public funds
b. illegal exaction
c. simple malversation
d. technical malversation

37. The offender threw acid on the face of the offended party. Were it not for timely medical attention, a
deformity would have produced on the face of the victim. After the plastic surgery, the offended party was
more handsome than before the injury. What crime if any was committed?
a. less serious physical injury
b. no crime
c. serious physical injury
d. slight physical injury

38. The offense of gathering, transmitting or losing information respecting the national defense with intent or
reason to believe that the information is to be used to the injury of the state or to the advantage of another nation.
a. correspondence with enemy country
b. espionage
c. flight to enemy country
d. violation of neutrality

39. The officer to whom the warrant of arrest was assigned for execution shall make a report to the judge
who issued the warrant within:
a. 10 days from the expiration of the period of execution
b. 15 days from the expiration of the period of execution
c. 20 days from the expiration of the period of execution
d. 5 days from the expiration of the period of execution

40. The organizers or leaders of any meeting attended by armed persons for the purpose of committing any
of the crimes punishable under this Code, or of any meeting in which the audience is incited to the
commission of the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority
or his agents shall be liable for.
a. acts tending to prevent the meeting of the Assembly and similar bodies
b. disturbance of proceedings
c. illegal assemblies
d. violation of parliamentary immunity

41. The penalty of arresto mayor prescribes in

a. 10 yrs
b. 15 yrs
c. 20 yrs
d. 5 yrs

42. The people playing cara y cruz, before they throw the coin in the air would rub the money to the
sidewalk thereby diminishing the intrinsic vale of the coin. Is the crime of mutilation committed?
a. No. There was no law punishing it.
b. No. They do not collect the precious metal contents that are being scraped from the coin.
c. Yes. Defacement under PD 247 was committed.
d. Yes. Scraping of coin is tantamount to mutilation

43. The period of preventive suspension may be credited in the service of sentence consisting of deprivation
of liberty if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules
imposed upon convicted prisoners EXCEPT if he is
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a. habitual delinquent
b. recidivist
c. quasi-recidivist
d. repeater
44. The place of trial for a criminal action is called:
a. jurisdiction
b. motion
c. territory
d. venue

45. The police was informed of the presence of a marijuana plantation. The following day, the police,
together with the informer, went to the location. When they arrived at the place, they saw the marijuana
plants as was informed. Are the marijuana plants admissible in evidence?
a. No. The search and seizure without a warrant violated Sec. 2, Art. III of the 1987
Constitution.
b. No. They have no warrant of arrest.
c. Yes. The evidence was in plain view
d. Yes. The search was incidental to a valid arrest

46. The procedure in the examination of witnesses is

a. cross, direct, re-cross, re-direct examination
b. direct, cross, re-direct, re-cross examination
c. direct, re-direct, cross, re-cross examination
d. re-direct, direct, , re-cross examination, cross

47. The prosecution is required to present evidence and the sworn statement of each proposed state witness
at the hearing in support of the discharge. Thus, the motion to discharge the accused to be state witness must
be filed
a. before arraignment
b. before the presentation of evidence
c. before the prosecution rests
d. immediately after arraignment

48. Accused jumped upon a woman and threw her to the ground. Although the accused raised her skirts, the
accused did not make any effort to remove her underwear. Instead, he removed his own underwear and
placed himself on top of the woman and started performing sexual movements. Thereafter, when he was
finished, he stood up and left. The crime committed is
a. acts of lasciviousness
b. attempted rape
c. forcible abduction
d. sexual assault

49. The purpose is to accuse the offended party a crime he did not commit, to deliver the person to the
proper authority to file the necessary charges in a way trying to incriminate him.
a. arbitrary detention
b. illegal detention
c. slander by deed
d. unlawful arrest

50. The quality of evidence necessary for a court to affirm a decision of an administrative body. It is more
popularly known as substantial evidence.
a. admissibility of evidence
b. conditional admissibility of evidence
c. probative value of evidence
d. quantum of evidence

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51. The raising of commotions or disturbances in the State, the objective is violation of the public peace.
Ex. To prevent the promulgation or execution of any law, or the holding of election; to prevent the
government or its officers from exercising their functions.
a. rebellion
b. sedition
c. direct assault
d. treason
52. The required number of days wherein the head of the office to whom the warrant of arrest has been
delivered for execution shall cause the warrant to be executed.
a. within fifteen days from receipt thereof
b. within five days from the receipt thereof
c. within ten days from receipt thereof
d. within twenty days from receipt thereof

53. The Revised Penal Code took effect on

a. January 1, 1930
b. December 8, 1930
c. January 1, 1932
d. December 8, 1932

54. The right of the State to initiate criminal actions in behalf of incapacitated individuals with no known
parent, grandparent or guardian is known as:
a. doctrine of non-suebility
b. doctrine of parens patria
c. habeas corpus
d. police power

55. The robbers enter the house. Upon entering through the window, one of the robbers stepped on a child
less than 3 days old. The crime is
a. robbery only
b. robbery with abortion
c. robbery with homicide
d. robbery with infanticide

56. The seizing of money or property prior to getting a judgment ...

a. attachment
b. inventory
c. motion for new trial
d. motion to quash

57. The substance of the crime and in its primary sense refers to the fact that a crime has been actually
committed.
a. competency
b. corpus delicti
c. prima facie
d. relevancy

58. The taking of any woman against her will and with lewd designs shall be punished by reclusion
temporal.
a. acts of lasciviousness
b. consented abduction
c. forcible abduction
d. simple seduction

59. The time when trial shall commence.

a. within 15 days from the receipt of the pre-trial order
b. within 20 days from the receipt of the pre-trial order
c. within 30 days from the receipt of the pre-trial order
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d. within 45 days from the receipt of the pre-trial order

60. The ultimate fact to be established.

a. factum probandum
b. factum probans
c. falsus in uno, falsus in omnibus
d. force majeure

61. The witness states that he did not see or know the occurrence of a fact.
a. corroborative evidence
b. cumulative evidence
c. negative evidence
d. positive evidence

62. There is crime but no criminal.

a. aggravating circumstances
b. alternative circumstances
c. justifying circumstances
d. exempting circumstances

63. There was a need to put some additional lighting along the street and no one knows how much it will
cost, and an officer was asked to canvass the cost but he connived with the seller of light bulbs pricing each
light bulb at P550.00 instead of the actual price of P500.00. this is a case of
a. illegal exaction
b. malversation
c. direct bribery
d. fraud

64. These are offers of compromise which are not admissible in evidence against the accused who made the
plea or offer, EXCEPT
a. an unaccepted offer of a plea of guilty to a lesser offense
b. offer to give a piece of land in exchange for non-prosecution
c. payment of medical, hospital or other expenses occasioned by an injury
d. plea of guilty later withdrawn

65. These circumstances may qualify the crime of piracy, EXCEPT

a. by abandoning their victims
b. Seizing a vessel by boarding or firing at the same
c. when members of the crime and/or any complement are robbed personal belongings
d. when murder, homicide, physical injuries or rape is committed with the crime of piracy

66. This connotes an idea that one is restrained of his liberty without necessarily transporting him from one
place to another.
a. forcible abduction
b. grave coercion
c. illegal detention
d. kidnapping

67. This is committed by a public officer. The crime includes entering the house with warrants maliciously
obtained or abuse in the service thereof or searching domicile without witnesses.
a. expulsion
b. prostitution
c. trespass to dwelling
d. violation of domicile

68. This is NOT a part of the rules for graduating penalties.

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a. When the law prescribes a penalty for a crime in some manner not specifically provided for in
the four preceding rules, the courts, proceeding by analogy , shall impose corresponding
penalties upon those guilty as principals of the frustrated felony, or of attempt to commit the
same, and upon accomplices and accessories
b. When the penalty prescribed for the crime is composed of one or tow indivisible penalties and
the maximum period of another divisible penalty, the penalty next lower in degree shall be
composed of the medium and minimum periods of the proper divisible penalty and the
maximum period of that immediately following in said respective graduated scale
c. When the penalty prescribed for the felony is single and indivisible, the penalty next lower in
degree shall be that immediately following that indivisible penalty in the respective graduated
scale prescribed in Art. 71 of this Code
d. When there are two or more mitigating and no aggravating circumstances present in the
commission of the crime, the penalty will be lowered by degrees

69. This used to be a crime under the Spanish Codigo Penal wherein a public officer regardless of his duty
violates the oath of his office by not carrying out the duties of his office for which he was sworn to office
thus amounting to dereliction of duty.
a. delicto
b. derelicto
c. prevaricacion
d. reiteracion

70. Those acts or omissions punished by special laws.

a. felonies
b. infractions
c. offense
d. offenses

71. Those addressed to the senses of the court.

a. documentary evidence
b. expert evidence
c. real evidence
d. testimonial evidence

72. Those circumstances which are either aggravating or mitigating according to the nature and effects of
the crime and the other conditions attending its commission. They are relationship, intoxication and the
degree of instruction and education of the offender.
a. aggravating circumstances
b. alternative circumstances
c. justifying circumstances
d. mitigating circumstances

73. Those felonies which are punished by capital (death) penalty or penalties which are afflictive like
reclusion perpetua, reclusion temporal, prision mayor; 12 years and one to life imprisonment and death.
a. correctional felonies
b. grave felonies
c. less grave felonies
d. light felonies

74. Those infractions of law for the commission of which the penalty of arresto menor or a fine not
exceeding 200 pesos.
a. grave felonies
b. less grave felonies
c. light felonies
d. slight felonies

75. Those punished by arresto mayor prescribe in

a. 1 yr
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b. 2 mos
c. 5 yrs
d. 6 mos

76. Those still in the mind-not punishable no matter how evil it is; you want to kill your wife in your mind.
a. external acts
b. overt acts
c. preparatory acts
d. internal acts

77. Those who cooperate in the commission of the offense by another act without which it would not have
been accomplished – holding the hands of victim while one is stabbing him so he could not defend himself
or fight back.
a. principal by active participation
b. principal by direct participation
c. principal by indispensable cooperation
d. principal by inducement

78. Those who cooperate in the execution of the offense by previous or simultaneous acts – acting as a
look-out; bringing them to the place of the crime; holding the girl while another is raping her; you can still
rape her even if no one is holding her hands.
a. accessories
b. accomplices
c. conspirators
d. principals

79. Those who force or induce others to commit the crime; - A induces B with reward of money to kill C.
a. principal by active participation
b. principal by direct participation
c. principal by indispensable cooperation
d. principal by inducement

80. Those who, having knowledge of the commission of the crime, take part subsequent to its commission.
a. accessories
b. accomplices
c. conspirators
d. principals

81. To be imposed upon a principal of attempted crime?

a. A penalty lower by two degrees than that prescribed by law for a consummated felony shall
be imposed
b. A penalty next lower in degree than that prescribed by law for the consummated felony shall be
imposed
c. The penalty lower by two degrees than that prescribed by law for the consummated felony shall
be imposed
d. The penalty next lower in degree than that prescribed by law for the consummated felony shall
be imposed

82. Tom Cruz invited Nicole for a snack. They drove along Roxas Blvd., along the Coastal Road, and to
Cavite. The woman was already crying and wanted to be brought home. Tom imposed the condition that
Nicole should first marry him.
a. arbitrary detention
b. forcible abduction
c. grave coercion
d. serious illegal detention

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83. Under the expanded jurisdiction of the Metropolitan Trial Court, it shall exercise exclusive original
jurisdiction over the offense punishable with imprisonment –
a. not exceeding 4 yrs and 2 mos.
b. not exceeding 4 yrs and 6 mos.
c. not exceeding 6 mos.
d. not exceeding 6 yrs

84. V challenges another to a fight by shouting “Come down, X, let us measure your prowess. We will see
whose intestines will come out. You are a coward if you do not come down. What crime was committed?
a. challenging to a duel
b. grave threat
c. unjust vexation
d. light threat
85. Validity of the warrant of arrest expires
a. after 10 days
b. after 30 days
c. after 365 days
d. no fixed duration

86. W mutilated a P2.00 coin, the octagonal one, by converting it into a round one extracting thereform 1/10
of the precious metal dust. What crime if any is committed?
a. Counterfeiting
b. Defacement (PD 247)
c. Mutilation of coin
d. No crime as the octagonal P2.00 coin is no longer a legal tender.

87. W offers a consideration to a D, a custodian of a public record to remove certain files for which the
latter agreed. If the records were actually removed, the following crimes are committed, EXCEPT
a. corruption of public official
b. dereliction of duty
c. direct bribery
d. infidelity in the custody of public records

88. What acts punishable by law are either intended to directly impute to an innocent person the commission
of crime or which are calculated to blemish the honor or reputation of a person by means of intrigue?
a. blackmail
b. incriminatory machinations
c. oral defamation
d. slander

89. What crime can be charged to one who retains a minor in his service against the minor’s will, and under
the pretext of reimbursing himself of a debt incurred by the child’s parents?
a. child exploitation
b. including a minor work
c. kidnapping
d. white slave trade

90. What crime is committed against mankind, and whose jurisdiction consequently recognizes no territorial
limits?
a. felonies
b. piracy
c. suicide
d. theft

91. What crime is committed when A, driving a truck, run over a girl crossing the street during the torrential
rain and died?
a. homicide
b. murder
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c. reckless imprudence resulting to homicide

d. serious physical injury

92. What doctrine that does not allow evidence obtained by police officers in an illegal search and seizure to
be used against the accused?
a. exclusionary doctrine
b. fruit of poisonous tree
c. Miranda rulling
d. silver platter

93. What happens to homicide if treachery is alleged and proved? It turns to

a. murder
b. homicide with aggravating circumstance
c. murder with aggravating circumstance of treachery
d. serious physical injury

94. What is that foreign word which is used to refer to treachery?

a. alevosia
b. destierro
c. hurto
d. reiteracion

95. What is the general rule on admissibility?

a. Evidence is admissible when it is not excluded by the law.
b. Evidence is admissible when it is relevant to the issue.
c. Evidence on collateral matters may be allowed when it tends in any reasonable degree to
establish the probability or improbability of the fact in issue.
d. Only relevant evidence is admissible

96. What is the liability of the jail guard if the evasion of prisoner should take place through his negligence?
a. conniving with or consenting to evasion
b. delivering prisoners from jails
c. evasion through negligence
d. reckless imprudence

97. What is the penalty to be imposed upon principal of a frustrated crime?

a. A penalty lower by two degrees than that prescribed by law for a consummated felony shall be
imposed
b. A penalty next lower in degree than that prescribed by law for the consummated felony shall be
imposed
c. The penalty lower by two degrees than that prescribed by law for the consummated felony shall
be imposed
d. The penalty next lower in degree than that prescribed by law for the consummated felony
shall be imposed

98. What is the specific intent of forcible abduction?

a. intent of lewd designs
b. intent to gain
c. intent to kill
d. intent to lie down upon a woman

99. What is the statement made by a wounded person shortly after he received several bolo stabs narrating
therein the whole incident to another which is admissible in evidence as part of:
a. res gestae
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b. res ipsa loquitor

c. res judicata
d. res nullus

100. When a criminal action is instituted, the civil action for the recovery of civil liability arising from
the offense charged is impliedly instituted with the criminal action, unless the offended party
a. all of these
b. expressly waives the criminal action
c. none of these
d. reserves his right to institute action

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