CLJ Questionares

CSC-Antipolo City Pride/What Criminologist Knows?
/2016
What Criminologist Knows?

600 ITEMS QUESTIONARES FOR
CRIMINAL LAW AND JURISPRUDENCE
Charlemagne James P. Ramos R.C., J.D.
CRIMINAL LAW 1 (BOOK 1, RPC)
CRIMINAL LAW 2 (BOOW 2, RPC) WITH SPECIAL

PENAL LAWS
RULES ON CRIMINAL PROCEDURE

(RULE 110-127)
RULES ON EVIDENCE
(RULE 128-134)
PRACTICE COURT (COURT TESTIMONY)
YOU MAY BE GOOD BUT IT COULD NOT STAND STILL, DO NOT GIVE LIMITS AND MAKE A
DIFFERENCE.
-Charlemagne James P. Ramos
1 | P a g e QUESTIONARES for CRIMINAL LAW AND JURISPRUDENCE/Charlemagne James P. Ramos R.C.,

J.D./2016
CSC-Antipolo City Pride/What Criminologist Knows?/2016
CRIMINAL LAW BOOK 1 (RPC)
INSTRUCTION: Read the questions very carefully befose you answer.

Avoid erasure. Write legibly. Write your answers to the ANSWER SHEET
provided. Pick only the letter corresponding to the correct answer.
1. It is the forfeiture or loss of the right of the state to prosecute

the offender or file criminal action after the lapse of a certain
period of time.
A. Prescription of penalty C. Combination A & B
B. Prescription of crime D. None of the above
2. Is the loss or forfeiture of the state to execute the sentence

following his conviction after the lapse of certain period of time
A. Prescription of crime C. Combination of A & B
B. Prescription of penalty D. None of the above
3. The penalties of death and reclusion perpetua prescribe in ;

A. 10 yrs C. 20 yrs
B. 15 yrs D. 30 yrs
4. Light penalties shall prescribe in;

A. 6 months C. 2 years
B. 1 year D. 5 years
5. A,B & C raped W in that when A was having sex with W,B & C were
holding the legs and arms of W. When it was B's turn, A & C were the
ones holding W's legs and arms. When C was the one having sex with W,
the ones holding W arms and legs were A & B. Later, A succeeded in
courting W and later A contracted marriage with W. Is the criminal
liability for rape committed by A B & C extinguished ?
A. There is no extinction of penalty liability because marriage
of the offended party with the offender does not apply to multiple
rapes.
B. Yes, the marriage of the offender with the offended party
shall extinguish the criminal action or remit the penalty already
imposed
C. When a single act constitutes two or more grave felonies or
less grave felonies known as compound crime
D. When an offense is a necessary means of committing the other
is the complex crime is proper
6. There is complex crime when ;

A. When a single act constitutes two or more grave felonies
known as compound crime ;
B. When an offense is a necessary means of committing the other
is the complex crime proper ;
C. Compound crime because the single act of shooting resulted to
or more grave felonies ;
D. A & B only
7. A with a revolver shot B, missing him but the bullet hit X who is
A's father. A committed the crime of attempted homicide with parricide.
What kind of a complex crime is committed ?
A. Compound crime because the single act of shooting resulted to
two or more grave felonies
B. Complex crime proper
C. Complex crime
D. A & B only
8. Is a kind of executive clemency whereby the execution of penalty is

suspended ?
A. Penalty C. Amnesty
B. Reprieve D. Civil interdiction

J.D./2016
9. The penalty imposed by the court upon an offender is reduced to a

lighter one.
A. Com mutation of sentence C. Amnesty
B. Reprieve D. Penalty
10. It is an accessory penalty provided by law when the principal

penalty imposed upon the offender for the commission of a crime is
more than twelve years imprisonment.
A. Amnesty C. Civil interdiction
B. Capital offense D. All of the above
11. It is one, which, under the law existing at the time of its
commission and at the time of the application to be ad mitted to bail
may be punished by death, although a lower penalty than death may be i
mposed after conviction.
A. Complex crime C. Complex crime
B. Civil interdiction D. Continuo‟s offense
12. Is a kind of a crime which is committed by a person who performs

an act which would be an offense against person or property , were it
not for the inherent impossibility of its accomplishments or on
account of the employment of inadequate or ineffectual means.
A. Complex crime C. Prescription of
crime
B. Impossible crime D. Prescription of
penalty
13. It may be defined as a disposition under which a dependant after

conviction and sentence is release subject to the conditions imposed
by the court and the provision of a probation officer
A. Indemnification C. Amnesty
B. Reparation D. Probation
14. A person lends Juan the bolo, which was used in the murder of
another person, is liable as of the crime ?
A. Principal C. Accomplice
B. Accessory D. Conspirator
15. Person who aid the felons to hide away evidences or profit from
the fruits of the crimes are said to be .
B. Accessories D. Conspirator
16. A kidnapped a boy and demanded a ransom of P100,000,00 from the

boy's parents. In time, the ransom was paid and the victim was
released. When X (A's adopted sister) learned that A was being hunted
by the police for kidnapping, she (X) took (A) into her house and
concealed him . A was able to elude the police. What is the criminal
liability of X, if any?
A. No criminal liability as she was within the degree from
criminal liability
B. Principal
C. Accessory
D. Accomplice
17. A proposed to B that they rob a certain store, to which B agreed,

later, however, B undertook the robbery alone and made off with
P20.000.00 cash . The following day, after making some shallow
explanation, B apologized to A and gave the latter P2.000.00 which A
some what grudgingly accepted. What is A's liability . If any ?
B. Accessory D. Conspirators
18. To be appreciated as mitigating, it must be made to person in

authority or his agent; it may be present if made after the issuance
of a warrant of arrest, but before actual arrest is made

J.D./2016
A. Voluntary surrender C. Habitually reiteration

B. Recidivism D. Treachery
19. This kind of aggravating circumstance is present when a person

commits any of crimes against person, employing such means, methods or
forms in the execution, without risk to himself arising from the
defense which the offended party might make
A. Accomplishes C. Treachery
B. Principal D. Accessories
20. In its juridical sphere, it means the suffering undergone, because

of the action of society . By one who commits a crime hence. It can
only be imposed after conviction in a criminal action
A. Amnesty C. Recidivism
B. Pardon D. Penalty
21. It is one for which the law impose a single punishment for various
offenses. It is committed in either of two ways; when a single act
constitutes two or more grave or less grave offenses; or when an
offense is a necessary means for committing another
A. Continuous crime C. Capital offense
B. Complex crime D. Impossible crime
22. It means the mercy extended by the chief executive to a person

sentenced for an offense whereby the personal effects of the penalty
are suspended subject to the conditions, if accepted by the person
sentenced, the effect of freeing him from imprisonment if he is
deprived of liberty; or from preventing him from changing his
residence as he pleases, if he is sentenced to exile.
A. Conditional pardon C. Deduction for loyalty
B. Good conduct allowance D. Indemnification
23. This allowance is deducted from the period of a prisoner's

sentence: 5 days for each month of good behavior for two years
imprisonment: during the 3rd year confinement, 8 days for each month
of good behavior; following years until the 10th year, 10 days for
each month of good behavior; during the 11th year and successive yrs
of his imprisonment, 15 days for each month of good behavior
A. Deduction of loyalty C. Good conduct allowance
B. Amnesty D. Conditional pardon
24. It is the deduction of one-fifth (1/5) of the period of the

sentence of a prisoner if he, having evaded the service of sentence
because of calamity or any disorder under art. 158 gives himself up to
the authorities within 48 hours following the issuance of a
proclamation regarding the passing away of the calamity
A . Amnesty C. Conditional pardon
B. Good conduct allowance D. Special time allowance for loyalty
25. It is a sovereign act of oblivion for past acts, granted by the

government to a certain class of person charged or guilty of crime
usually political offenses and often conditioned upon their return to
obedience and duty within a prescribed time
A. Amnesty C. Prejudicial question
B. Indemnification D. Treason
26. X, Y & Z conspired to kill A. They went to the house of A. Upon

arrival, Z only acted as look-out in the yard of A, Y accompanied X to
the room where A was sleeping; it was X who shot A to death what
is the participation of X.Y & Z to the crime of murder?
A. X, Y & Z are principals by direct participation
B. X & Y are principals by direct participation
C. Z as accomplice
D. Y as accomplice

J.D./2016
27. Person who received and used property from another, knowing it was
stolen
A. Principal C. Accessory
B. Accomplice D. Principal by direct participation
28. Placing a weapon in the hand of the dead who was killed to plant
evidence, or buying the deceased who was killed by the principal
B. Accessory D. Direct participation
29. An accessory is exempt from criminal liability when the principal

is his:
A. Spouse, ascendants, descendants, brothers and sister
B. Nephew, uncle, niece and aunt
C. Brother-in-law & sister-in-law
D. Half-brother or sisters
30. X is chief of police in town A his son committed murder whom he

helped in escaping by providing him money and motorcycle. Is liable?
A. Accessory because his public functions
B. Accessory but exempted from criminal liability by virtue of
relationship
C. Accomplice he abuses his public functions
D. Accomplice but exempted from criminal liability by virtue
of relationship
31.X is the mother of C who has just stolen jewelries worth

P300,000.00. X sold the jewelries and gave the proceeds to her
daughter C in order to elude arrest and prosecution. Is X liable?
A. Accessory before the fact
B. Accessory but exempted because the principal is he daughter
C. Accessory but not exempted even if she is related to C (mother and
daughter) as she assisted C to profit by the effects of the crime
D. A & B only
32. It is a law which: a makes criminal an act done before the passage
of the law or which aggravates a crime or make it greater than it was,
when committed
A. Ex post facto law C. Amnesty
B. Bill of attainder D. Treason
33. A legislative act which inflicts punishment without trial.

A. Ex post facto law C.treason
B. Bill of attainder D. Amnesty
34. Pardon by the offended party, as general rule, does not extinguish
the criminal liability to the offender, except
A. Private offense and before the institution of the criminal action
B. Public crime or crimes against the state
C. Private crime or crimes against the state
D. B & C only
35. In adultery and concubinage, pardon by the offended party will bar
criminal prosecution if:
A. Express or implied pardon given to the wife or husband.g as the
case may be and before the institution of the criminal action
B. Express or implied pardon given to the both offenders and before
the institution of the criminal action
C. Both offenders are express before the institution of the criminal
action
D. A & B
36. In cases of seduction, abduction and acts of lasciviousness,

pardon by the offended by the offended party or by parents or
grandparents or guardian will bar prosecution provided the pardon is
given before the institution of criminal action, except:

J.D./2016
A. Marriage between the offender and the offended party even after the
filing of the case and conviction of the offended party
B. Remit the penalty already imposed against the offender, his co-
principals, accomplices and accessories
C. The penalty is ready to imposed against the offended party
D. A & B only
37. A fine of from P200.00 to P6,000.00 imposed by the court after due
hearing is
A. Afflictive C. Light
B. Correctional D. Heavy
38. Destierro is principal, divisible and correctional penalty imposed
by the judge after due trial in cases of:
A. Serious physical injuries or death under exceptional circumstances
B. Of concubine in concubinage
C. Of paramour in adultery case
D. A & B
39. In the execution of destierro, the convict shall not be permitted

to enter the place designated in the sentence nor within the radius
specified
A. Not be more than 250 and not less than 25kms form the place
designated
B. Not be more than 350 and not less than 50kms
C. Not be more than 300 and not less than 30kms
D. Not be more than 325 and not less than 40kms
40. Those who directly forces another to commit a crime are also
categorized as:
A. Principal by the direct
B. Principal by inducement
C. Principal by indispensable cooperation
D. Principal by indirect cooperation
41 A & B agreed to rape C they proceeded to the room of C whereupon A

with a knife pointed to the neck of C ordered C to lie down and when A
was having sex with C, B was holding both arms of C. What is the
liability of B?
A. Principal by direct participation
B. Principal by inducement
C. Principal by indispensable cooperation
D. Principal by indirect cooperation
42. A & B are charged with kidnapping. A contacted X who, has not
participated in the actual kidnapping to contact the parents of the
victim to negotiate the delivery of ransom. X having successfully done
so, receives a share from the same. He is also a:
A. Accomplice C. Principal
B. Accessory D. Conspirator
43. Suppose X being a co-conspirator in the theft or robbery, sold

some of the property stolen, he should be punished as a:
A. Accessory C. Principal
B. Accomplice D. Conspirator
44. A rapes a woman and in his escape he was assisted by public

officer. The public officer is liable as:
A. Accessory C. Principal
B. Accomplice D. Co-conspirator
45. Suppose in the same problem, A was assisted by a private

individual. Is the private person liable as an accessory ?
A. No, crime committed was not treason, murder , parricide ,
act.
B. Yes, because he assisted in the escape of a person who
committed a serious crime

J.D./2016
C. Yes, crime committed was treason , murder , parricide, etc.

D. No, because he assisted in the escape of a person who not
committed a serious crime
46. A is charged for attempted homicide and the trial is still going
on for more than 6 yrs and he has been detained from the beginning on
the trial on failure to post a bail band. What should the court do ?
A. He shall order the immediate release of A
B. The trial should proceed until terminated
C. He shall not in order the immediate release of A
D. A % B only
47.light offenses prescribed in:

A. 2 months C. 6 months
B. 3 months D. 4 months
48. The period of prescription shall commence to run from the day of
discovery of the crime by the offended party , the authorities ofr
their agents. Suppose A witnessed the killing of X by B, and since A
not being related to X, he did not report the crime to the authorities.
Will the crime of murder prescribe?
A. Yes, after the lapse of 20 yrs C. No, after the
lapse of 15 yrs
B. No, the crime will never prescribe D. Yes, the crime
never prescribe
49. Suppose in the same problem above, A reported to the police

authorities what he she witnessed, but no complaint is filed in the
court. Will the crime of murder prescribe?
A. Yes, after 20 yrs and 1 day from the discovery of the
crime.
B. No, the crime will never prescribe because the one who
discovered the crime is not the offended party, the authority or its
agent
C. No, after 15 yrs and 2 days from the discovery of the
crime
D. Yes, the crime will not never prescribe because the one
who discovered the crime is the offended party.
50. Every person criminally liable for a felony also civil liable.
Thus, if A committed murder, he is obliged to pay the offended party
the civil liability which includes:
A. Restitution C. Indemnification for consequential
damages
B. Reparation of damage caused D. All of the above
51.The classes or different classifications or circumstances

affecting criminal liability are the following, except:
A. Justifying C. Aggravating
B. Probable cause D. alternative
52. A person who acts by virtue of a ___________ circumstances is

deemed not to have transgressed the law, and is free from both
criminal and civil liability.
A. Justifying C. Aggravating
B. Exempting D. alternative
53.One who acts by virtue of an _____________ circumstance commits a

crime but does not incur any criminal liability because of the
complete absence of the condition which make the act voluntary.
A. Aggravating C. Justifying
B. Alternative D. Exempting
54. A shots B hitting but not mortally . So B grappled for the

possession on the gun until B succeeded in wresting it from A.

J.D./2016
immediately thereafter, B shot A whom he killed. Prosecuted for

homicide, B interposed self-defense. Decide.
A. B can invoke self-defense because the provocation made by A in
shooting and wounding B is sufficient to prevent further harm to him
B. There was no self-defense since A was already disarmed hence
there was no more aggression to stop or repel as B shot A when he was
unarmed and defenseless.
C. There was self-defense since A already disarmed hence there
was no more aggression to stop or repel as B shot A when he was
already unarmed and defenseless
55. Is the accidental killing of by-stander, while X was acting in

self-defense , that is, in stopping or repelling the actual aggression
by Y against him.
A. Yes, for reckless imprudence resulting to homicide
B. Yes, X is liable for any crimes as he was not committing a
felony when he acted in self-defense although the wrongful act done be
different from what the intended to do
C. No, for reckless imprudence resulting to homicide
D. No, X is not liable for any crimes as he was not committing a
felony when he acted in self-defense although the wrongful act done be
different from what he intended to do
56. X was indebted to B when B tried to collect the indebtedness, X

insulted him, struck him with the fist and when B moved backward X
continued boxing him and so B drew his bolo and struck A to death.
Prosecuted for homicide , B pleaded self-defense decide.
A. B in acted self- defense to prevent or repel the unlawful
aggression of X
B, No, because the use of bolo by B may not be considered as a
reasonable means to repel X attack who used only his fist
C. Yes, because the use of bolo by B may be considered as a
reasonable means to repel X attack who used only his fist.
57. when a saw B rushing towards him holding a bolo and poised to
strike him, he immediately picked up a pointed iron bar and believing
that his life was in danger as B was close enough he made a trust on B
hitting him on the stomach which cause d the death of B. note that
the truth of a matter, however, is that B was merely trying to play
joke on C. Is A criminally liable
A. No, because he acted in self-defense due to mistake of fact
which was committed without fault or carelessness and he had no more
time to verify whether B was only playing a joke or not.
B. Liable because he had still time to move backward in order
check whether B had really the intention of hitting him with a bolo or
he was just playing a joke on him
C. Not liable because he had still time to move backward in order
check whether B really the intention of hitting him with the bolo or
he was just playing joke on him
58. Suppose, in the middle of the night and full moon at tha , X heard
the footsteps of an intruder inside their house . X picked up his
riffle and upon seeing a man armed with a pistol in his right hand
ransacking X personal effects, X shot and killed the man. Is X
criminally liable?
A. Yes, because defense of property requires that it will be
coupled with aggression against persons.
B. Yes, because he was acting in defense of property right the
means employed was reasonable considering that the intruder was armed
with a pistol
C. No, because he was acting in defense of property right and that
means employed reasonable considering that the intruder was armed with
a pistol.

J.D./2016
59. Suppose in the above question, X shot to death the man while he
was running away from X house carrying with him X television set, is X
criminally liable?
A. Yes, for murder qualified by treachery as the man was running
away from X house holding the television set hence he could not defend
himself
B. No, because he acted in defense of his property rights from an
intruder who robbed him of his TV set.
C. No, for murder qualified by treachery as the man was running
away from X house holding the television set hence he could not defend
himself
60. X has been working in hongkong. Feeling homesick after a long

absence , without notice, came home from hongkong upon arrival in
their residence at about 9:00pm,he immediately proceeded to their
bedroom where he saw his compadre on the top of his wife, both naked.
X immediately drew his gun but was beaten to a draw by his compadre
who shot and killed him. When prosecuted, X compadre put up the
defense that the killed X in self-defense.decide
A. X act in drawing his gun does not constitutes unlawful
aggression because such act of deceived and an offended husband
because the compadre was having an illicit relations with X wife and
so X justified in defending himself from an actual aggression by his
compadre
B. Although the compadre is performing an unlawful act for having
an illicit relationship with X wife , still he is justified in killing
X as his life is an actual danger
C. Although the compadre is not performing an unlawful act for
having an illicit relationship with X wife , still he is justified in
killing X as his life is an actual danger
61. X and Y tear down C house to stop the fire which break out in the
midst of many houses because if they do not demolish the said house
the fire would spread and burn other houses there by causing more
damage . are X and Y criminally liable?
A. Yes, because the practical thing for them to do is contact
firemen to prevent the spread of the fire
B. No, because they demolished C house in order to avoid an evil
or greater injury or preventing the fire spreading many houses
pursuant to article 11, par, 4
C. Yes, because they demolished C house in order to avoid an evil

or greater injury or not preventing the fire spreading many houses
pursuant to article 11, par, 4
62. The doctor who had kill the a foetus to save the mother where both
could not be saved, and he running out of time ,is not criminally
liable he can invoke.
A. state of necessity
B. Avoidance or greater evil as the death of the mother is
greater than sacrificing the life of the unborn child
C. he is exempted from criminal liability
D. all of the above
63. X hit Y with his fist inside a running passenger jeep because Y
was snatching his X watch, and as a consequence Y feel the jeep, his
head hitting the hard pavement causing his death. X acted in:
A. lawful exercise of right and therefore he is exempted from
criminal liability
B. lawful exercise of an office and is exempted from criminal
liability
C. lawful exercise of an office and is not exempted from
criminal liability.

J.D./2016
64. the executioner of convicts sentence to die, who would make the
lethal injunction on the day and time scheduled by the court does so
in the lawful…
A. Exercise of an office, thus exempted from criminal liability
B. . Exercise of a right , thus exempted from criminal
liability
C . . Exercise of a right , thus not exempted from criminal
liability
65. One night C, married young woman, was sound sleep in her bedroom
when he felt a man on top of her. Thinking it was her husband who came
home early from his business trip; C let him have sex with her. After
the act the man said, “I hope you enjoyed it as much as I did”
realizing that he was not her husband, he got furious and so she took
her husband gun and shot the man. Change with homicide, C invoke
defense of honor. Decide.
A. Yes, C is justified in killing C who through deceit and bad
faith was able to sex with her
B. No, C is criminally liable because the unlawful aggression
against in honor had already ceased
C. No, C is justified in killing C who through deceit and bad
faith was able to sex with her
66. In mercy killing is the attending physician criminally liable for

deliberately turning off the life support system consequently costing
the life of the patient decide.
A. Yes, because euthanasia is neither a justifying nor
exempting circumstance
B. No, because he has no intention to kill his patient but only
to relive here from further sufferings
C. Yes, because he has no intention to kill his patient but
only to relive here from further sufferings
67. in justifying circumstance, the act committed is lawful hence

there is no was a crime committed and there is no ______ offense
A. crime C. Criminal
B. Criminality D. crimes
68. in exempting circumstance there was a crime committed there was a

crime committed , there is criminal but for reason of ___________ no
penal liability shall be imposed on the offender
A. Criminal C. public
policy
B.. crime D. public
crime
69.dreaming while sleeping; in a state of somnambulism or sleep

walking high fever due to malignant malarias and epilepsy are
circumstances analogous to insanity or imbecility falling under
A. justifying circumstance C. alternative
circumstance
B. exempting circumstance D. Aggravating
circumstance
70. A kleptomaniac was prosecuted for the chief of jewels committed in

a jewelry store while she was attacked by her said sickness is she
criminally liable?
A. no, being a kleptomaniac is analogous to insanity or
imbecility since at the time of stealing there is complete deprivation
of reason of freedom of the will at the time of its commission of the
crime
B. Yes because she knows what is right and what is wrong and
that she even knows that steal is wrong
C. No, because she knows what is right and what is wrong and
that she even knows that steal is wrong
10 | P a g e QUESTIONARES for CRIMINAL LAW AND JURISPRUDENCE/Charlemagne James P. Ramos

R.C., J.D./2016
71. A man while sleeping dreamed that he was attacked by his enemies .
suddenly he got up , took his bolo and killed his wife and wounded his
father . is he criminally liable? Decide.
A. the man is liable even if he did not intent to kill his
wife and wounding of his father which is analogous to mistake of
identity
B. no because he acted under circumstances which are analogous
to imbecile or insanity. As a result his hallucination he was
completely deprived of consciousness of his act
C. the man is not liable even if did not intent to kill his
wife and wounding his father which is analogous to mistake of identity
72. A person who was compelled to bury the body of one who was
murdered by the killers, striking him with the butts of their guns,
threatening to kill him too if he continuous resisting the order , was
compelled to do so , is not criminally liable because;
A. he acted under the compulsion of an irresistible force
B. he acted under the impulse of an uncontrollable fear of an
equal or greater injury
C. he acted under the compulsion of a resistible force.
73. A with a revolver in his hand threw a knife at B , and ordered him
to kill C a person sleeping nearby otherwise he will shot B to death
and being terrorized B killed C is B criminally liable for murder?
A. no, because he acted under the impulse of an
uncontrollable fear of an equal or injury
B. no because, acted under the compulsion of an irresistible
force
C. yes because, he acted under the impulse of an
uncontrollable fear of an equal or injury
D. yes because he acted under the compulsion of an
irresistible force
74. absolutory causes are causes provided for under the RPC which
exempts a person from criminal liability. They are:
A. he was acting in the performance of a duty
B. he was performing a lawful act with due care when he causes an
injury without the intention of causing it
C. due to accident
D. B % C only
76. A paramour who was surprised in the act of having sex with a
legally woman cannot invoke self-defense if he killed the offended and
deceived husband who was attack or assault by the offended husband
was;
A. lawful as he deceived by both the paramour and his wife and so
he has to defend his honor and rights.
B. the paramour knew that he was performing an unlawful and
criminal act thereby exposing himself to the vengeance of the offended
spouse
C. all the above
77. the person defending himself must have been attacked with actual
physical force or with actual use of weapon. Thus insulting words, a
light push on the head with the hand, a mere push without physical
assault do not constitute unlawful aggression. But a slap on the face
constitute unlawful aggression because;
A. the face represent a person and is dignity and is serious
physical attack
B. it is disregard of an individual personality
C. all of the above
78. the person criminally liable for felonies are;

A.Principals C.Accesories

R.C., J.D./2016
B. accomplices D. all of the above
79. for light offenses, the person criminally liable are;

A. princ C. accessories
B. accomplices D. A % B only
80.there are three kinds of principals, namely;

A. principal by induction/inducement
B. principal by indispensible cooperation
C. principal by direct participation
D. all of the above
81. those who participating in the criminal resolution proceeded to
the crime scene and personally execute what they agreed upon or
executing said acts, which directly tend to the same end or purpose
they are called;
A. principal by direct participation
B. principal by indispensible cooperate
C. principal by inducement
D. all of the above
82. those directly induce other to commit the crime and those the
crime and those who directly forces another to perpetrate the offense
are called?
A. principal by direct participation
B. principal by inducement
C. principal by indispensible cooperation
D. all of the above
83. those who cooperate in the commission of the offense by another

act without which it would not have been accomplished;
A. principal by inducement
B. principal by direct participation
C. principal by indispensible cooperation
D. all of the above
84. one who, not having participated as principal, cooperates in the

execution of the offense by previous or simultaneous act he is
sometimes referred to as accessories
A. accessory C. principal
B. accomplice D. all of the above
85. the accessories or accessories after the fact are those who,
having knowledge of the commission of the crime and without having
participated as principals or accomplices, takes part subsequent to
its commission in any of the following manner;
A. profiting themselves or assisting the offender to profit by the
effects of the crime or by concealing or destroying the body of the
crime or the effects or instruments thereof to prevent its discovery;
B. by harboring, concealing or assisting in the escaape of the
author of the crime with abuse of public functions
C. whenever a private individual assist in the escape of the
offender who committed treason, murder, parricide, and attempt to kill
the president.
D. all of the above
86. X, Y, % Z fired their guns almost simultaneously at the principal

victim , resulting in his death and his driver. Is there conspiracy
among the accused in the commission of the crime? Decide
A. there is conspiracy among the accused X, Y, % Z
B. simultaneous firing indicate unity of action, intention and
execution of the act as in conspiracy proof of previous agreement is
not necessary;
C. individual liability only of the accus
D. no conspiracy

R.C., J.D./2016
87. X is driving his car with a duly issued drivers licensed X is in

the proper lane and within the limits prescribed by law, who hits a
boy who suddenly darted into the street. X is not liable because of
exempting circumstance due to;
A. Accident C. Prevented to perform by lawful
cause
B. Absolutory cause D. Habitual or reiteration
88. A kidnapped a boy and demanded a ransom of P100,000,00 from the

boy „s parents in the time, the ransom was paid and the victim was
released. When X (A‟s adopted brother ) learned that was being hunted
by the police for kidnapping he (X) took (A) into his house and
concealed him A was able to elude the police. What is criminal
liability of A. if any?
A. no criminal liability as she was within the degree exempt from
criminal liability
B. principal
C. accessory
D. accomplice
89. A proposed to B that they rob a certain store, to which B agreed.

Later, however , B undertook the robbery alone and made off with
P20,000.00 the following day, after making some shallow explanation, B
apologized to A and give the latter P2,000.00, which A somewhat
grudgingly accepted. What is A‟s liability, if any?
A. principal C. Accomplice
B. accessory D. A % B only
90. to be appreciated as mitigating it must be made to person in

authority or his agents it may be present if made after the issuance
of a warrant of arrest, but before actual arrest is made.
A. voluntary surrender C. habituality or reiteration
B. recidivism D. Treachery
91. it is one which under the law existing at the time of its
commission and at the time of the application to be admitted to bail
may be punished by death, although a lower penalty than death may be
imposed after conviction.
A. complex crime C. capital offense
B. civil interdiction D. continuous offense
92. is a kind of crime which is committed by a person who performs an

act which would be an offense against person or property, were it not
for the inherent impossibility of its accomplishment or on account of
the employment of inadequate or ineffectual means.
A. complex crime C. Prescription
of crime
B. impossible crime D. prescription
of penalty
93. this means at least two convictions are enough the crimes are not
specified it is enough that they be embraced under the same title of
the RPC.
A. recidivism C. habitual or reiteration
B. treachery D. principles
94. this kind of aggravating circumstances at least 3 conviction are

required there are time limit of not more than 10 yrs between every
conviction the crimes are limited to less serious physical injuries,
robbery, theft, estafa, or swindling and falsification
A. treachery C. recidivism
B. habitual delinquency D. principles
95. this kind of aggravating circumstances is present when person

commits any of the crimes against person , employing such means method

R.C., J.D./2016
of form in the execution thereof which tend directly and specially to

insure its execution without risk to himself arising from the defense
which the offended party might make.
A. treachery C. accessories
B. principal D. accomplishes
96. it is one for which the law impose a single punishment for various
offenses it is committed in either of two ways when a single act
constitutes two or more grave or less grave offenses; or when an
offense is a necessary means for committing another.
A. continuous offense C. capital offense
B. complex crime D. impossible crime
97. X rapes a woman, and Y public officer with abuse of authority

assisted X in his escape Y is liable as
A. accomplice C. accessory
B.principal D. all of the above
98. where A knowing that B & C had killed X buried the corpse of X to
prevent the discovery of the killing A is liable as;
A. accomplice
C. principal by direct cooperation
B. accessory for destroying the body of the crime
D. all of the above
99. A, with a revolver, shot B missing him but the bullet hit and
killed A‟s father A committed the crime of attempted homicide with
parricide. What type of crime was committed?
A. complex crime C. special crime
B. compound crime D. all of the above
100. X, a municipal treasurer, received P10,000.00 from a taxpayer.

Placed in the duplicate original of the receipt he issued the amount
of P1,000.00 only and then misappropriated the difference of P9,000.00
X is guilty of malversation through falsification of public document.
What type of the crime was committed?
A. complex crime proper C. compound crime
B. special crime D. all of the above
***END***

R.C., J.D./2016
CRIMINAL LAW BOOK 2 (RPC) SET ONE
1. This felony is a branch of allegiance, which is the

obligation of fidelity and obedience a citizen, owes to the
government or sovereign in return for the protection he enjoys
and receives.
A. Aid and comfort C. misprision of treason
B. Treason D. adherence to the enemy
2. A citizen who intellectually or emotionally favors the enemy

and harbors sympathies or connections disloyal to his country‟s
interest or policy is guilty of:
A.treason
B. Aid and comfort
C. Adherence to the enemy
D. misprision of treason
3. This is committed by any person who. Without authority

therefore enters a warship. Fort, or a naval or military
establishment or reservation, to obtain any information , plans ,
photographs or other data of a confidential nature relative to
the defense of the Philippines etc.
A. warcrime
B. sedition
C. Rebellion
D. espionage
4. The two-witness rule imports the degree of proof necessary to

convict an accused of the crime of:
A.levyingwar
B.treason
C.sedition
D. rebellion
5. When a public officer deprives a person of his liberty

without any legal ground, such officer may be held answerable
for:
A.illegaldetention
B.Expulsion
C. arbitrary detention
D. trespass to dwelling
6. A public officer or employee who, not being authorized by

judicial order, enters any dwelling against the will of the
owner thereof, shall research the premises without the previous
consent of the owner or having surreptitiously entered the
dwelling and when asked to leave refuses to do so, is liable for
the crime of:
A.expulsion
B.violation of domicile
C. probable causes
D. trespass to dwelling
7. In this crime, there is public and tumultuous uprising in

order to attain by force, intimidation, or any other mean, like
the prevention of the execution of laws or the holding of an
election.
A.directassault
B.Treason
C.Rebellion
R.C., J.D./2016
D.sedition
8. When a person attack, employs force, seriously intimidates or

seriously resists a person in authority or his agent while
engaged in the performance of official duties or on the occasion
of said performance, he can be charged with.
A.resistance
B. indirect assault
C. direct assault
D. sedition
9.The act of diminishing, by ingenious mean, the metal content

in the coin may give birth to an accusation called:
A.forgery
B. mutilation of coin
C. falsified
D. false or counterfeit coin
10. Person directly vested with jurisdiction: whether as

individuals or as members of some court or government
corporations, board or commission, are denominated:
A.persons in authority persons in authority
B. pubic officers
c. agents of persons in authority
11. This is the willful and corrupt assertion of falsehood under

oath of affirmation, administered by authority of law on a
material matter:
A.fraud
B.persons in authority
C. perjury
D. story-telling
12. For the act to be punishable in this act of falsification of

document, there must be a showing that some prejudice or damage
to a third party had been caused or intended. To be caused.
A. falsification of commercial document
B. falsification of private document
C. falsification of public document
D. falsification of official document
13. This is the act of a person who knowingly offers in evidence

a false witness or testimony in any judicial or official
proceeding.
A. perjury
B. subordination of perjury
C. false testimony
D. indirect bribery
14. A public officer who agrees to commit a criminal offense in

connection with the exercise of the powers of his office in
consideration of a price, reward , promise or gift is indictable
for:
A. Estafa
B. Moonlighting
C. direct bribery
D. indirect bribery

R.C., J.D./2016
15. This is the felony wherein a public officer does not account
for what he collects as a government employee and instead
misappropriates the fees collected.
A. malversation
B. illegal exaction
C. estafa
D. Corruption of public official
16. In this crime, a public officer who has under his custody or
charge a prisoner-serving sentence by final judgment or
detention prisoner and such officer connives with or consents to
the escapes of such prisoner.
A. jailbreak
B. evasion of service of sentence
C. infidelity in the custody of prisoner
D. dereliction of duty
17. A convict who escapes while serving his sentence by final

judgment is committing another crime called:
A. infidelity in the custody of prisoner
B. Jailbreak
C. evasion of service of sentence
D. Discarte
18.A father who intentionally kills his son who is only less
than three (3) days old is guilty of the crime of:
A.murder
B.Parricide
C. infanticide
D. homicide
19. A Moro, with four wives who are all living , who kills by
poison the third wife married by him is answerable for:
A. Parricide
B. Murder
C.Homicide
D.Death under exceptional circumstances
20. A grandson who kills his illegitimate grandfather is guilty

of:
A.Homicide
B.Parricide
C. Murder
D.Euthanasia
21.In seduction and qualified seduction, excepting when the

victim is either the daughter or sister of the offender, the
woman seduced must be:
A. Over 10 but less than sixteen year of age
B.Over thirteen but fewer than 19 years of age
C. Over 12 but less than 18 years of age
D.Over 15 but less than 20 years of age
22. The taking of personal property against the will of its

owner and attended by violence against or intimidation of person
or force over things is :
R.C., J.D./2016
A. Theft
B. Estafa
C.Robbery
D. Coercion
23.In this crime, the offender employs ingenuity or cunning in

order to deprive the victim of his money or property
A. Robbery
B.Land grabbing
C.Theft
D. Estafa or swindling
24. This felony is characterized by 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
judicial person, or to blacken the memory of one who is dead.
A. Innuendo
B. violation of piracy
C.Libel
D.Black mail
25. Planting evidence by a police officer on a innocent person

arrested by the former constitutes:
A.Intriguing against honor
B. Blackmail
C. Incriminatory machination
D.Extortion
26.It is qualified theft when the coconuts stolen are taken from
the:
A. marketplace
B. premises of the coconut plantation
C.Residence
D.Illegal exaction
27. When a municipal treasurer collects payment of taxes from a

citizen issuing receipt therefore, such treasurer is liable for:
A. Malversation
B. Estafa
C. Theft
D. Illegal exaction
28. A concubine once proven guilty is punishable by:

A.Two (2) years imprisonment
B. Estafa
C.Destierro
D. fine of P3,000.00
29.Removing, concealing or destroying any court record is:

A. Malicious Mischief
B.Theft

R.C., J.D./2016
C. Estafa or swindling
D.Falsification
30. A legitimate grandmother killing her granddaughter who is

three (3) days old is guilty of:
A.Infanticide
B.Murder
C.Parricide
D.Homicide
31. Those directly vested with the jurisdiction to govern and
execute the laws whether as individuals or as members of some
court or government corporation board or commission.
A.Public officer
B.Persons in authority
C. false testimony
D.None of the above
32.Three man broke into a national authority (Government

Entity )forcibly destroyed the lock of the warehouse and
lamented sufferings of the people within the area. Thus, they
called on the people to help them eating all they could and then
to empty the warehouse of all the goods stored therein. The 3
men did not even help themselves to a single grain or any good.
What crime was committed?
A.Direct assault
B.Indirect assault
C.Sedition
D.All of the foregoing
33. X is division superintendent of school of the bureau of

public schools. While he was working in his office, Y gave him a
fist blow on the left temple. He suffered an injury. The assault
was due to a standing grudge of Y for X‟s blocking his promotion
A) If the injury is slight physical injury, what crime was
committed?
A.Direct assault
B.Indirect assault
C.Slight physical injuries
D. All of the above
B) If the injury was serious physical injury, what crime was
committed?
A.Direct assault w/physical injuries
C.Maltreatment
B.Serious physical injuries
D.None of the above
34. Women who, for money or profit, habitually indulge in sexual
intercourse or lascivious conduct are deemed to be?
A. Vagrant
B.Prostitutes
C.None of the above
D.All of the above

R.C., J.D./2016
35. A) A is convicted for homicide and was sentenced to suffer

an imprisonment from 14 years and 1 day to 17 years. While
serving his sentence he was allowed to escape from his cell:
a) If the offender is the custodian of the convicted prisoner
what crime was committed?
A.Infidelity in the custody of prisoners
B.Evasion of service
C.Delivering prisoners from jail
D.All of the above
b) If the offender is not the custodian at the time of the
escape of said prisoner, what crime was committed?
A.Evasion of service
B.Delivering prisoners fromjail
C.No criminal liability
D.All of the above
c)What is the liability of the convicted prisoner serving his
sentence?
B.Delivering prisoners from jail
C. None of the above
D.All of the above
36. Any person who, by direct provision of the law, election or
appointment by competent authority, shall take part in the
performance of public function in the government or in any of
its branches public duties shall be deemed to be a..
A.Private individual
B.Public officer
C.None of the above
D.All of the above
37.It is committed by a public officer in charge of the
collection of the taxes, licenses, fees and etc. by demanding an
amount different or larger than that due the government: failing
to issue a receipt as provided by receiving payment objects
different from that provided by law.
A.Illegal exaction
B.Estafa
C.Maturation
D.None of the above
38.A, who is the private complainant in a murder case pending

before a regional trial court, gave to the presiding judge a
Christmas gift. Consisting of big basket of assorted goods and
fruits as well as expensive imported wines worth P20.000.00.the
judge accepted the gift knowing it came from A. what crime or
crimes committed?
A.Direct bribery
B.Indirect bribery
C.Qualified bribery
D.None of the above

R.C., J.D./2016
39.An unlicensed firearm was confiscated by a policeman. Instead

of turning over the firearm to the property custodian for the
prosecution of the offender, the policeman said the firearm.
A.Malversation
B.Qualified theft
C.Anti-fencing law
D. all of the above
40. A government cashier did not brother to put the public fund
in the public vault but just left in the drawer of his table,
which has no lock. The next morning when he came back, the money
was already gone .what crime was committed?
A.Technical Malversation
B.Malversation
C.No criminal liability
D.All of the above
41. A party to a case approached the court‟s stenographer and

proposed the idea of altering the transcript of stenographic
notes. The court stenographer agreed and he demanded P3,000.00
even before the stenographer could alter his notes. What crime
was committed?
A.Direct bribery
B.Qualified bribery
C.Indirect bribery
D.All of the above
42. While manning the traffic lights at theintersection of

espana and Washington st. patrolman “X” ordered “Y” To stop his
taxi, threatened to arrest him and confiscate his driver license
for allegedly over speeding and reckless driving. Familiar with
the dirty ways of some traffic policeman, “Y” pulled out his
wallet, picked up his driver‟s license with the hidden P200.00
inside the same and handed it to patrolman “X” thereafter, the
patrolman returned to “Y” His license and allows him to go. What
crime did Patrolman ”X” commit?
A.Indirect bribery
B.Direct bribery
C. Robbery extortion
D. Corruption of public officer
.Under art.156 (delivering prisoners from jail, it is possible

that three persons are involved. They are the stranger,the
custodian of the prisoner is the prisoner. In the case, there
are three crimes committed.
44) if the offender is the custodian, the crime committed is

______ ?
A.Infidelity in the custody of the prisoners
B.No criminal liability
C.Evasion of service
D. None of the above
45) if the offender is a stranger even if he is a public

officer , the crime committed is ?

R.C., J.D./2016
C. All of the above
46) If the prisoner who escapes is a convict, the crime

committed is _____ ?
A.No criminal liability
C. Evasion of service
D.None of the above
47) However, if the prisoner is not a convict but a detention

prisoner he is not criminal liable.
48) But the detention prisonerconspires with the one letting his
escapes said is liable for _____ as principal by indispensable
cooperation.
A.Delivering prisoners from jail
B.Infidelity in the custody of the prisoner
C.Evasion of service
D.None of the above
49.An armed group. Avowed to overthrow the duty constituted

authorities, captured five officers and members of the armed
forces and held them in their hideout for 50 days then voluntary
released them in consideration of the promise of medical
treatment to be given to her comrades who were under detention
by the authorities . What crime was committed?
A.Rebellion
B.Sedition
C.coup d‟etat
D.All of the above
50. In the early morning of June 1, 2005, the troops of soldiers

and officers of the AFP headed by colonel “X” stationed at camp
Aguinaldo. Q.C. withdrew firearms and bullets and attacked, in
separate teams, the offices of their chief of staff, the deputy
chief of staff for operations and intelligence and other offices,
held hostage of some of their senior officers, killed some pro-
government soldiers, inverted the Philippine flag, barricaded
all entrances and exits of the Philippine Army.Because of the
superiority of pro-government forces. Colonel “X” and his troops
surrendered at 1:00 in the morning of that day. What crimes were
committed?
A.Rebellion
B. coup d‟etat‟
C.Conspiring to commit rebellion
D. Sedition
51.A group of soldier and policeman tried to serve a warrant of

arrest to a group of persons wanted for several crimes committed.
Instead surrendering and submitting themselves to the
authorities, they resisted the service of the warrant by force
but later on they were repelled or overpowered. What crime was
committed?
A. Rebellion
B. Sedition
R.C., J.D./2016
C.Conspiracy to commit sedition

D.All of the above
52. X disobeying a court order, was punished by the judge for

contemp. He waited for the judge to go out his office. Upon
seeing the judge, X hurriedly approached him, and without saying
a word struck him his fist causing a slight injury on the face
of the judge, what crime was committed?
A.Direct assault upon a person in authority
B.Physical injuries
C.Slight physical injuries
D.All of the above
53.X was charged with slight physical injuries. He listened

attentively as the judge read the sentence. When the judge
reached the dispositive portion and pronounced X guilty, X
became angry, got hold of an astray , and threw it at the judge
hitting him in the eye which is tantamount to laying hands on
the judge who is a person in authority. What crime was committed?
A.Qualified direct assault with serious physical injuries
B.Direct assault
C.Serious physical injuries
D.All of the above
54. This crime is committed by a public officer, whenever there

is pending before him matter in which woman is interested or
with respect thereto. He is required to submit a report to or
consult with a superior,and he solicits or makes an indecent or
immoral advances upon said woman.
A .Acts of lasciviousness
B.Abuses against chastity
C.Coercion
D. Unjust vexation
55. It is the act of a person of marrying for the second time,
before the former marriage has been legally dissolved or before
the absent spouse has been judicially declared presumptively
dead.
A.Polygamy
B.Bigamy
C.Immorality
D.All of the above
56.It is one containing matters which would, under the law, be

considered defamatory and therefore actionable but for the
occasion and circumstances under which they are made.
A.Libel
B.Slander
C.Blackmail
D.Privileged communication
57. These acts of 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. Incriminatory machinations

R.C., J.D./2016
B.Slander or oral defamation

C.Blackmail
D.All of the above
58. A police officer surreptitiously placed a marijuana

cigarette in the pocket of the polo shirt of a student and then
arrested the student for illegal possession of marijuana
cigarette. What crime did the police officer commit?
A.Incriminatory machination w/unlawful arrest]
B.Illegal detention: arbitrary detention
C.Illegal arrest
D.All of the above
59. A woman who has given birth to a child abandons the child in
a certain place to free herself of the obligation and duty of
rearing and caring for the child. What crime did the woman
commit?
A.Simulation
B.Abandoning a minor
C.All of the above
D.None of the above
60. Suppose that the purpose of the woman in abandoning the

child is to preserve the inheritance of her child by a former
marriage, what then is the crime committed?
A.Simulation of birth: substitution of one child for another:
B.Concealing or abandoning any legitimate child with intent to
cause such child to lose its civil status
C.All of the above
D.None of the above
61. Is or may be defined as the speaking of defamatory words or
the performance of acts, actuated by malice, which tend to cause
dishonor, discredit or contempt of natural or judicial person to
the latter‟s reputation: office: business , or trade.
A.Incriminatory machination
B.Blackmail
C.Privileged communication
D.Slander or oral defamation
62.It is a public and malicious imputations of a crime, or of a

vice or defect, real or imaginary, or any act omission,
condition, status, or circumstances tending to cause the
dishonor, discredit, or contempt of a natural or judicial person,
or to blacken the memory of one who is dead.
A. Blackmail
B.Violation of piracy
C.Innuendo
D.Libel
63.in an article published in a newspaper, the writers called X

a bastard, a leper , a coward, a criminal , a rapist and a drug
addict. What crime is committed?
A.Slander
B.Libel
C.Defamation
D. All of the above

R.C., J.D./2016
64. Kissing a girl in public and touching her breast without

lewd designs committed by a rejected suitor to cast dishonor on
the girl, what crime was committed?
A.Slander
B.Slander by deed
C.Oral defamation
D.All of the above
65. Calling a person a gangster. What crime is committed?

A.Simple slander
B.Slander by deed
C.Libel
D.All of the above
66. X goes to a sauna parlor and finds a descendant of 22 yrs

old, and despite that,X had sexual intercourse with her. What
crime committed?
A.Qualified seduction
B.Seduction
C.Consented seduction
D.No crime was committed
67.X is the head of a family. Living with them in the house is a

cousin of his wife, a virgin under 18 years old but over 12
years. X had sexual intercourse with the cousin of her wife.
A. Seduction
B. Qualified seduction
C.Seduction w/consent
D.All of the above
68 X went to the house of his fiancée of 17 yrs old, her parents

beingabsent, and waiting of that opportunity, with a renewal of
his promise to marry her, he succeeded in having sexual
intercourse with her. What crime was committed?
A.Seduction
B.Qualified seduction
C.None of the above
D.All of the above
69. A,B,C grabbed a girl of 16 years old then dragged her to a

nearby town. There she was raped by A,B & C, what crime was
committed?
A.Kidnapping with rape
B.Forcible abduction with rape
C.Coercion w/rape
D.All of the above
70. A girl, 16 yrsold, went to the house of his boyfriend. When

the man woke up, he was surprised to find her beside him on the
bed. As they were in love with each other, they has sexual
intercourse without the man promising anything to the girl. What
crime was committed?
A.Abduction
B.Seduction
C.Consented abduction
D.No crime was committed

R.C., J.D./2016
71.When a woman is kidnapped with lewd or unchaste designs, the

crime committed is:
A .Forcible abduction
B. Kidnapping
C. Illegal detention
D. Coercion
72.When the kidnapping is without lewd designs, the crime

committed is:
A. Illegal detention
B. Coercion
C. Forcible abduction
D. All of the above
73. But where the offended party was forcibly taken to the house
by the offender to force her to marry him, the crime committed
is :
A. Coercion
B. Illegal detention
C. Forcible abduction
74. If a girl, below 12 years old:Agreed to the elopement, what

A. Forcible abduction
B. Kidnapping
D. Coercion
75. After the voluntary elopement with the girl below 12 years
old, she and the man has sexual intercourse, what crime was
committed?
A. Forcible abduction with rape
B. Rape
C. Kidnapping with rape
76. X, by means of promises of marriage, induces a minor of 19

years old leave her house and then had sexual intercourse with
her and immediately thereafter she returns to her dwelling, what
A. Consented abduction
B. Seduction
C. Rape
D. No crime committed
77. A 15 years old girl was induced to leave her home and later
forcibly raped by the inducers. What crime was committed?
A. Consented abduction with rape
B. Rape
C. Forcible abduction with rape
D. All of the above
78. A issued in favor of B for a debt he has incurred a month or

so ago. When the check was presented for payment, it was
dishonored. What crime is committed?
A. Estafa
B. Violation of bouncing check law
C. Theft
R.C., J.D./2016
D. All of the above
79. Supposing,A approach his friend B and told B to deliver to

him p10, 000.00 and A would issue in his favor a check in the
sum of P11, 000,00 as it was a Sunday and A needed the cash
urgently. B gave P 10,000.00 to A having in mind the profit of
P1, 000.00 When he encashesthe check the following Monday.
However, when the check was presented for payment the check
bounced or dishonored. What crime was committed?
A. Estafa and violation of bouncing check law
B. No criminal liability
C. Theft
D. All of the above
80. This crime is committed in time of peace by rising publicly

with arms against the government for the purpose of removing
from the allegiance to said government or its laws, the
territory of the Philippines or any part thereof, of any body of
land, naval or other armed forces, or depriving the chief
executive or the legislative, wholly or partially, of any their
powers or prerogatives.
A. Treason
B. Rebellion
C. Direct assault
D. Indirect assault
81. There is a public and tumultuous uprising in order to attain

by force, intimidation, or any other means, like the prevention
of or executive of laws or the holding of a popular election.
A. Sedition
B. Rebellion
C. Direct assault
D. Indirect assault
82. This crime is committed by attacking, employing force,

seriously intimidating or seriously resisting any person in
authority or his agent, while engaged in the performance of
official duties or on the occasion of said performance
A. Direct assault
B. Rebellion
C. Indirect assault
D. Resistance
83. This crime committed upon a private person who comes to the
aid of an agent of a person in authority on direct assault
committed against the latter.
A. Indirect assault
B. Direct assault
C. Resistance
D. All of the above
84.Under art. 122, revised penal code, the crime of piracy is

committed by:
A. Non-member of the complement of the vessel & Non-passenger
of the vessel
B. Crew members of the vessel
C. All of the above

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85. Under R.A 7659, PD 532 and Art. 122, PRC, the crime of
piracy shall be committed by:
A. Member of the crew
B. Non-member of the vessel
C. Passenger of the vessel
D. B & C only
86. Piracy is committed by attacking the vessel on ____ or

seizing it while a vessel, its cargo, equipment or personal
belongings of its complement or passenger.
A. High seas
B.In Philippine water
C. A only
D. A & B
87. The essence of piracy is robbery in a vessel or using with

force upon things or with violence or intimidation against
persons or robbery:
A. Robbery
B. Piracy
C. Theft
D. A & C only
88. Whenever the pirates have abandoned or seized a vessel by

firing upon it or whenever the crime is accompanied with murder,
homicide, physical injuries or rape the crime committed is:
A. Qualified theft
B. Piracy
C. Qualified piracy
D. A & B only
89. Republic Act (RA) 6235 is otherwise known as:

A. Piracy
B. Anti-Hi-Jacking Law
C. Qualified Piracy
D. A & C Only
90. A PAL aircraft is bound for Cebu Pacific. While the pilot
and co-pilot are taking their snacks at the airport canteen,
some armed men were also there who followed the pilots in going
to the aircraft. As soon the pilot entered the cockpit, they
pulled their firearms, and compelled the pilots to fly the
aircraft to zamboanga and ordered the exteriors doors of PAL be
closed and so all exterior doors were closed. But in a short
while the offender were apprehended. The crime committed is:
A. Violation of the Anti-Hi-Jacking Law because the aircraft is
in flight already as the exterior doors were closed:
B.The Anti-Hi-Jacking Law does not apply because the aircraft is
not yet in flight hence, the crime committed is grave threats or
grave coercion
C. Piracy
D. Qualified Piracy
91. After all the passengers of Cebu Pacific aircraft have

boarded already and the exterior doors were already closed: a
passenger was shot or killed in the course of Hi-Jacking the
airplane. What crime was committed?
A. Violation of Anti-Hi-Jacking Law
B. Murder as the Anti-Hi-Jacking Law does not apply
R.C., J.D./2016
C. Piracy
D. Qualified Piracy
92. The offenders threatened to explode a bomb inside the

airplane after its passenger have already boarded and the
exterior doors were all closed if the pilots refused to start
the engine and to fly it in communist china. The crime committed
is:
A. Anti-Hi-Jacking Law since airplane is already in flight
B. Grave threat and coercion were committed because the Anti-Hi-
Jacking does not apply
C. All of the above
93. The pilots of the Cathay Pacific aircraft were approached by

2-armed men and told to proceed to the aircraft to fly it to
foreign destination. The armed men and the pilots went together
on board the aircraft and while exterior doors were able to
disarm said armed men before they could do something. What crime
is committed?
A. Hi-jacking is committed in violation of Anti-Hi-Jacking Law
because the aircraft is of foreign registry:
B. Hi-jacking is not committed because the plane is not yet in
flight
C. The crime committed is grave threat or grave coercion
94. The meanings of absence of legal grounds in arresting and

detecting a person by a public officer who is vested with
authority to arrest and detain a person:
A. No crime was committed by the detained person.
B. There is no violent insanity of the detained person
C. The detained person has no ailment requiring compulsory
confinement in a hospital:
D. All of the above
95. A public officer shall commit illegal detention and not

arbitrary when:
A. When his duty or function does not include the power to
arrest and detain a person.
B. Acting in a private capacity or beyond the scope of his
official duty
C. He becomes an accomplice or accessory to the crime committed
by a private person.
D. All of the above
96. A janitor, a public employee at Pasay city hall was assigned

to clean toilets in the office of the treasurer. One day, he
noticed a fellow urinating carelessly, partly at the bowl and on
the floor. The janitor got angry and so he locked the toilet
while the man was still urinating. The man was freed from the
toilet after several hours. The janitor is liable for:
A. Arbitrary detention
C. Unlawful arrest
D. A & C Only
97. When a person is arrested without a warrant, it means that

there is no case filed in court yet. If the arrest is by virtue
of a warrant, it means that there is already a case. While
delivery of the arrested person to the proper authorities does

R.C., J.D./2016
not mean physical delivery of the arrested person to the court

but simply means:
A. Putting arrested person under the jurisdiction of the court
B. By filling the compliant or information against the person
arrested in court within 12, 18 or 36 hours, as the case be,
depending on whether the crime is punished by light,
correctional penalty or their equivalent:
C. All of the above
98. B arrested C without legal grounds and for the purpose of

delivering him to the proper authorities. If the arrest is made
without a warrant and under circumstances not allowing a warrant
less arrest just so to charge him for a crime he did not commit,
the crime committed is:
A. Illegal arrest
C. Unlawful arrest
D. All of the above
99. If the person arrested is not delivered to the authorities,

the private individual making the arrest incurs criminal
liability for:
A. Unlawful arrest
C. Arbitrary detention
D. All of the above
100. If the offender is a public officer is vested with power to

arrest and detain and he detained a person without legal grounds,
A. Unlawful detention
B. Arbitrary detention
D. All of the above
***END***

R.C., J.D./2016
CRIMINAL LAW BOOK 2 (RPC) SET TWO
1. This felony is committed by any Filipino citizen or alien

residing in the Philippines who levies war against the
Philippines or adheres to her enemies giving them aid or comfort
in the Philippines or elsewhere.
a. Treason c. Flight to enemy country
b. Rebellion d. Sedition
2. What crime is committed by one who on the high seas or in

Philippine waters shall attack or seize a vessel or, not being a
member of its complement or passengers, shall seize the whole or
part of the cargo of said vessel, its equipments or personal
belongings.
a. Robbery
b. Terrorism
c. Piracy on the high seas or Philippine water
d. Mutiny
3. This felony is committed by any public officer or employee, who

without legal ground such as violent insanity or the commission
of a crime, shall detain another.
a. Arbitrary detention c. Illegal arrest
b. Kidnapping d. Grave coercion
4. This felony is committed by a public officer or employee, who not

being authorized by judicial order, shall enter the dwelling of
another against the will of its owner.
a. Trespass to dwelling c. Abuse of authority
b. Violation of domicile d. Police brutality
5. The crime is committed by rising publicity and taking arms

against the Government for the purpose of removing from the
allegiance to said government the territory of the RP or any part
thereof, or deprive the Chief executive or Congress any of their
powers or prerogatives.
a. Coup d‟état c. Murder
b. Sedition d. Rebellion
6. What felony is committed by person or persons who belong to the

military or police organizations or those who hold public office
or employment who shall make a swift attack directed against duly
constituted authorities, or any military camp or installation,
communications network or public facilities for the purpose of
seizing state power.
a. Rebellion c. Insurrection
b. Coup d‟état d. People power
7. What crime is committed by a public officer or employee who shall

arrest or search any member of Congress while Congress is in
regular or special session, except when such member has committed
a crime punishable under the RPC by a penalty higher than prison
mayor.
a. Unlawful arrest
b. Illegal detention
c. Arbitrary detention

R.C., J.D./2016
d. Violation of parliamentary immunity
8. The felony of ________ by any founder, director, and presidents

of association organized for the purpose of committing any of the
crimes punishable under the RPC or for some purpose contrary to
public morals.
a. Illegal assemblies
b. Illegal associations
c. Terrorism
d. None of the above
9. This is committed by any person who shall attack, employ force,

or seriously intimidate or resist any person in authority or his
agents while engaged in the performance of his duties or on the
occasion of such performance.
a. Direct assault
b. Indirect assault
c. Attempted murder
d. Disrespect of rank
10. Any person directly vested with jurisdiction, whether as an

individual or as a member of some court or governmental
corporation, board or commission, shall be deemed to be
__________.
a. Agent of person in authority
b. Public officer
c. Public employee
d. Person in authority
11. A person who by direct provision of law or by election or

by appointment by competent authority, is charged with the
maintenance of public order and the protection and security of
life and property such as policemen and any person who comes to
the aid of persons in authority shall be deemed to be
____________.
a. Person in authority
b. Public officer
c. Agent of a person in authority
d. None of them
12. This is committed by any person who shall remove from any
penal establishment any person confined therein or shall help the
escape of such person by means of violence intimidation or
bribery.
a. Infidelity in the custody of prisoners
b. Delivering prisoners from jail
c. Conniving to evasion
d. Evasion of service of sentence
13. This felony is committed by any convict who shall evade the
service of his sentence by escaping during the term of his
imprisonment by reason of final judgment.
a. Infidelity in the custody of prisoners
b. Delivering prisoners from jail
c. Consenting to evasion
d. Evasion of service of sentence

R.C., J.D./2016
14. When a convict evades the service of his sentence by reason

of or on the occasion of disorders, earthquakes or other
calamities he should return to the penal institution within forty
eight (48) hours following the issuance of a proclamation by the
Chief Executive announcing the passing way of such calamity, if
he does not do this he shall suffer an additional penalty of how
much?
a. One year
b. 1/5
c. 1/5 of the time remaining under the original sentence
d. 3 day
15. A form of repetition wherein a person shall commit a felony

after having been convicted by final judgment, before beginning
to serve such sentence or while serving the same. If this happens
the person will be punished the maximum period of the penalty
prescribed by the law for the new felony.
a. Recidivism
b. Quasi recidivism
c. Habitual delinquency
d. Reiteration
16. This is committed either by: a. by giving to a treasury or

bank note or any instrument payable to bearer or to order. The
appearance of a true and genuine document; or b. by erasing,
substituting, counterfeiting, or altering by any means the
figures, letters, words or signs contained therein.
a. Falsification
b. Alteration
c. Estafa
d. Forgery
17. what felony is committed by any person who shall knowingly

and falsely represent himself to be an officer, agent or
representative of any department or agency of the Philippines or
any foreign government, or who under pretense of official
position shall perform any act pertaining to any person in
authority or public officer of the Philippine or foreign
government, or agency thereof, without, being lawfully entitled
to do so.
a. Estafa
b. Falsification
c. Usurpation of authority or official functions
d. Illegal use of uniform
18. This is committed by any person who shall publicly and

improperly make use of insignia, uniform or dress pertaining to
an office not held by such person or to a class of person of
which he is not a member.
a. Illegal use of uniform or insignia
b. Usurpation of authority
c. Usurpation of official functions
d. Using fictitious name

R.C., J.D./2016
19. This felony is committed by any person who shall offend

against decency or good customs by any highly scandalous conduct
not expressly falling within any other article of the RPC.
a. Indecency
b. Public display of attention
c. Grave scandal
d. Exhibitions/ Lady Godiva Syndrome
20. He is any person who having no apparent means of

subsistence, who has the physical ability to work and neglects to
apply himself to some lawful calling.
a. Vagrant
b. Prostitute
c. Pal
d. Tam bay
e. Bystander
21. ____________ is any women who, for money or profit,

habitually indulge in sexual intercourse or lascivious conduct.
a. Hostess
b. G.R.O
c. Japayuki
d. Brunaiyuki
e. Pokpok
f. Prostitute
22. He is any person who by direct provision of law popular

election or appointment by competent authority, shall take part
in the performance of public functions in the government, or
shall perform in said government duties as an employee agent or
subordinate official of any rank or class.
a. Public officer
b. Public employee
c. Person in authority
d. Agent in authority
23. This one is committed by public officers or employees who

in dereliction of the duties at his office, shall maliciously
refrain from instituting prosecution for the punishment of
violators of law, or shall tolerate the commission of offenses.
a. Direct bribery
b. Indirect bribery
c. Prevarication or negligence or tolerance in prosecution of
offenses
d. Qualified bribery
24. What crime is committed by any public officer or employee

who shall agree to perform an act constituting a crime, in
connection with the performance of his official duties, in
consideration of any other promise gift or present received y
such officer, personally or through the mediation of another.
a. Direct bribery
b. Indirect bribery
c. Prevacacion or negligence or tolerance in prosecution
d. Qualified bribery

R.C., J.D./2016
25. What crime is committed by a public officer entrusted with

the collection of taxes and other imposts who shall commit any of
the following?
I. Directly or indirectly demanding the payment of sums
different from or larger than authorized by law.
II. Voluntarily failing to issue a receipt, as provided by law
sums of money collected.
III. Collecting or receiving by way of payment things or objects
different from that provided by law.
a. Bribery
b. Qualified bribery
c. Estafa
d. Frauds against the public treasury
26. This is committed by an accountable public officer who

shall appropriate or shall misappropriate or shall consent, or
through abandonment or negligence shall permit another person to
take public funds or properly.
a. Direct bribery
b. Technical malversation
c. Malversation of public funds
27. This is committed by a public officer who shall consent to

the escape of a prisoner in his custody.
a. Evasion of service of sentence
b. Evasion through negligence
c. Conniving with or consenting to evasion
d. Other cases of evasion
28. This is committed by any public officer or employee who

shall overdo himself in the correction or handling of a prisoner
or detention prisoner under his charge by the imposition of
punishment not authorize by the regulations or inflicting
punishment in a cruel or humiliating manner.
a. Police brutality
b. Sadism
c. Maltreatment of prisoners
d. Physical injuries
29. This is committed by any public officer who shall solicit

or make immoral advances to a woman under his custody or to other
women like the wife, daughter, sister or relative within the same
degree by affinity of any person in the custody of a warden or
officer.
a. Sexual harassment
b. Abuses against chastity
c. Acts if lasciviousness
d. Sexual shakedown
30. This felony is committed by any person who shall

intentionally mutilate another by depriving him, of same
essential organ for reproduction.
a. Castration
b. Cutting of happiness
c. Mutilation

R.C., J.D./2016
d. Bobbitised punishment
31. Who is the present Chief Justice of the Philippine Supreme

Court?
a. Reynato Puno
b. Arturo Panganiban
c. Hillarie David
d. Emma Bunton-Gapit
32. What law is titled “An Act to Secure the State and Protect
Our People from Terrorism”? it is also known as the Anti-
terrorism Law or Human Security Act of 2007.
a. RA 9372
b. RA 9346
c. RA 9262
d. RA 9439
33. Cain and Abel are brothers. One day while Abel was in the
fields. Cain stabbed his brother Abel from behind. Abel died.
What crime was committed by Cain?
a. Murder
b. Homicide
c. Infanticide
d. Parricide
34. Any of the following circumstances will qualify the felony

of piracy EXCEPT:
a. Whenever the pirates have seized a vessel by boarding or firing
upon the same
b. Whenever the pirates have abandoned their victims without means
of saving themselves;
c. Whenever the crime is accompanied by murder, homicide, physical
injuries or rape
d. Whenever the pirates commit animism in front of the lady
passengers.
35. Whenever an officer has lawfully arrested a person without

a warrant, he must make sure that he delivers that person
arrested within certain prescribed periods to the proper
authorities, otherwise he might be held liable for delay in the
delivery of detained persons to proper judicial authorities.
Which of the following periods prescribed is NOT CORRECT:
a. 12 hours for crimes or offenses punishable by light penalties.
b. 18 hours for crimes or offenses punishable by correctional
penalties.
c. 24 hours for crimes or offenses punishable by accessory
penalties.
d. 36 hours for crimes or offenses punishable by afflictive or
capital penalties.
36. The felonies of arbitrary detention, violation of domicile,

expulsion and others are contained in TITLE TWO (2) Book TWO (2)
of the Revised Penal Code. They are all under the title “Crimes
against the fundamental law of the state.” Why are they so
called?

R.C., J.D./2016
a. Because they violate certain provisions of the bill of right in

the constitution.
b. Because that is what the authors of the RPC wanted their title to
be.
c. Because they are the most heinous crimes in the RPC
d. Because I do not know the answer
37. There are three ways of committing violation of domicile

which among the following is NOT a way of committing it?
a. Entering the dwelling of another against the will of the owner
b. Entering the dwelling of another to avoid greater evil
c. Searching papers and effect in the dwelling without the consent
of the owner
d. Refusing to leave the dwelling after being required to do so, the
offender having surreptitiously entered the same.
38. All of the following are the preferred witnesses in cases

of a lawful search of another‟s premises. Which among the
following is not qualified to act as a witness or perhaps the
least preferred among them?
a. Members of media
b. Owner of the property being searched
c. In the absence of owner any family member
d. Two witnesses residing in the same locality
39. May the crime of coup d‟état be possibly committed by a

single person?
a. No
b. Yes
c. Impossible
d. Yes but it is an impossible crime
40. Which among the following is NOT a way of committing alarms

and scandals?
a. Any person who within any town or public place shall discharge
any firearm, rocket, firecracker or explosives calculated to
cause alarm or danger.
b. Any person who shall instigate or take an active part in any
charivari or disorderly meeting offensive to another or
prejudicial to public tranquility.
c. Any person while wandering about at night or while engaged in
nocturnal amusement shall disturb the public peace.
d. Any person who habitually associate himself with prostitutes and
profit by it.
41. What crime is committed by anyone who shall bury with pomp
the body of a person who has been legally executed?
a. Alarms and scandals
b. Contempt of court
c. Tumults and other disturbances of public order
d. Charivari
42. What is that defense in a criminal case for rape wherein

the accused says that he and the supposed rape victim are
sweethearts and therefore sexual intercourse was consensual
between the two of them?

R.C., J.D./2016
a. Sweetheart defense or theory

b. Alibi
c. Admission
d. Justifying circumstance
43. X is a detention prisoner. One night while his jail guard

was not looking, he was able to surreptitiously slip away from
the provincial jail and managed to escape. What crime did he
commit?
a. Delivering prisoners from jail

b. Evasion of service of sentence
c. Violation of pardon
d. No crime
44. In the above case what crime was committed by the jail
officer concerned?
a. Delivering prisoners from jail
b. Evasion of service of sentence
c. Conniving with or consenting to evasion
d. Evasion through negligence
45. X told Y that he will use the latter as a false witness in

a crime in which X was a party. Y agreed and the two together
with X‟s lawyer invented a story wherein it was made to appear
that Y was a witness to a certain transaction. If X would
introduce the testimony of Y in the court, Y would be liable for
the crime of “Offering false testimony in evidence.” This crime
is also known as:
a. Deceit
b. False testimony favorable to the defendant
c. Subordination of perjury
d. Estafa
46. X a woman was caught in flagrante delicto in the act of

having sexual intercourse with Y a man, investigation revealed
that X had sex with Y in consideration of fifty pesos only.
Assume that it was proven that X committed the act of having sex
for a fee for the first and that precise time only, may X be
legally considered a prostitute?
a. Yes
b. No
c. Yes if Y testifies that X is already as expert even it was her
first time
d. No, because the fifty pesos consideration is so cheap
47. What crime is committed by anyone (adult) who shall kill a

child three years old?
a. Murder
b. Homicide
c. Abortion
d. Infanticide
48. What time of physical injury is committed by one who shall

wound, beat, assault another causing the offended party to be

R.C., J.D./2016
incapacitated for labor for ten days or more (but should not
exceed 30 days)?
a. Serious physical injuries
b. Slight physical injuries
c. Less serious physical injuries
d. Maltreatment
49. When any person (man or woman) by means force threat or

intimidation and others means specified in article 266-A, inserts
his penis into another person‟s mouth or anal orifice, or any
instrument or object, into the genital or anal orifice of another
person the technical term for the crime is?
a. Simple rape
b. Qualified rape
c. Rape by sexual intercourse
d. Rape
e. Statutory rape
f. Rape by sexual assault
50. X is the boyfriend of Y. one night against Y‟s will X

forcefully had sex with Y, X now is facing charges for rape.
Assuming that Y agrees to the proposal of marriage by X, what
will happen for X‟s criminal liability if marriage takes place?
a. Criminal liability is partially extinguished
b. Criminal liability is totally extinguished
c. It has no effect because rape now is a private crime where the
state can prosecute the case alone
d. Actually the marriage has no bearing because the two are
sweethearts and therefore it is the perfect right of X to rape Y.
51. X is accused of robbery of a certain house in Muntinlupa

City. Upon being arrested X interposed the defense that he was in
Cavite City at the supposed time that the robbery was committed.
X is interposing the defense of ________ which is a plea that he
accused was at another place when the crime was committed.
Incidentally this defense is known as the weakest defense in a
criminal case.
a. Alibi
b. Absence
c. Physical impossibility
d. Justifying circumstances
52. X was staging a bank robbery alone. The responding police

arrived and surrounded the bank where X and the male bank manager
were physically trapped at the time. X used the bank manager as a
hostage. After a few minutes of negotiations X finally was
convinced to surrender. With respect to the hostage incident
(never mind the attempt bank robbery) what possible crime could
be charged against X?
a. Kidnapping and serious illegal detention
b. Slight illegal detention
c. Grave coercion
d. Arbitrary detention

R.C., J.D./2016
53. It is defined as any human conduct which, although not

productive of some material or physical harm would however,
unjustify annoy or vex an innocent person.
a. Unjust vexation
b. Light coercion
c. Provocation
d. Unlawful aggression
54. A, B, C and D is a group of male teenager (but not below

fifteen) who are trying hard to attract attention (KSP). Every
night they always engaged themselves in unruly beer sessions
together with all the unpleasant sounds that it creates with the
use of improvised, cheap and dilapidated musical instruments such
as cauldrons, tin cans etc. let us assume that aside from making
“papansin” they are also doing it to annoy their sleeping
neighbors. The crime of alarms and scandals may be charged
against them because they involved themselves in charivari
punishable under paragraph 2 of article 155. What is charivari?
a. It is a medley of discordant voices, a mock serenade of
discordant voices made on kettles, tin horns etc. designed to
insult or annoy
b. It sounds like a gay word or lingo so I will ask its meaning to
my gay friend
c. It is simply the act of any person who although not productive of
material harm would annoy another person
d. It is the act of people who are in need of attention from others
especially from the girls
55. According to RA 4136 the Land Transportation and Traffic

Code, when two (2) motor vehicles approach an intersection at
approximately the same time, the motor vehicle on the left should
yield to the motor vehicle on the right because the latter motor
vehicle has:
a. Right of way
b. More money
c. More speed
d. Emergency rule
56. Crimes Against Religious Worship is a section to be found

in title two of the Revised Penal Code which is Crimes Against
Fundamental Laws of the State. Which of the following crimes fall
under crimes against religious worship?
a. Interruption of religious worship
b. Offending the religious feelings
c. Prohibition of peaceful meetings
d. Illegal associations
57. Who among the following is NOT an agent of a person in

authority?
a. Policemen
b. Municipal treasurer
c. Postmaster
d. Sheriff
e. BIR agents
f. Malacanang agent
g. All of them are agents of person in authority

R.C., J.D./2016
58. Who among the following is a person in authority?

a. Policemen
b. Chief of police
c. Teacher
d. Baranggay captain
e. Baranggay tanod
f. Letters b, c and d
59. Which among the following is a qualifying circumstance of

murder?
a. Treachery
b. Habitual delinquency
c. Relationship
d. Intoxication
60. X was able to pocket one pack of detergent soap while

inside SM Supermarket. He was about to leave the premises of SM
when he was accosted by an undercover SM agent and was
immediately brought to the police precinct. What crime was
committed by X?
a. Consummated theft
b. Frustrated theft
c. Attempted theft
d. Qualified theft
61. X uttered the following remarks to a certain family of

lawyers, “Kayong mga Atty. Merrera mga magnanakaw, mga walanghiya
mga bastos.” What crime was committed by X?
a. One count of libel
b. As many counts of libel as there are Merrera lawyers
c. One count of grave oral defamation (slander)
d. As many counts of grave oral defamation (slander) as there are
Merrera lawyers
62. X is a teller of Banco Filipino Espanol. He received a

deposit of P5000 from a depositor, which he pocketed instead of
crediting it to the account of the depositor. The transaction was
evidenced by an official receipt. What crime was committed by X?
a. Theft
b. Estafa
c. Qualified theft
d. Malversation of public property
63. X a jail guard while escorting a prisoner en route to the

Regional Trial Court allowed the latter to answer the call of
nature without taking precaution to prevent his escape as indeed
the prisoner escaped through the windows of the comfort room.
What is the liability of the jail guard?
a. No liability as it is not required that X would even go to the
extent of escorting the prisoner inside the comfort room,
otherwise the job of a jail guard would be unbearable
b. No liability because he was not in conspiracy with the prisoner
c. Evasion of service of sentence
d. Evasion through negligence

R.C., J.D./2016
64. X (a man) forcibly grabbed Y (a woman) by the waist and

dragged her to a place hidden from the public view about 20
meters from the place where the latter was standing. Due to Y‟s
constant screaming X became afraid and immediately run away
leaving Y alone. What crime was committed by X?
a. Illegal detention
b. Acts of lasciviousness
c. Attempted rape
d. Grave coercion
65. What crime is committed by a man who would forcibly enter

another person‟s house without the knowledge of the owner but
once inside, immediately and peacefully left the house the moment
he was discovered by the owner of the house?
a. Attempted robbery
b. Frustrated robbery
c. Trespass to dwelling
d. Qualified trespass to dwelling
66. X became enraged with Y. X was so mad he wanted to get even

with Y. At the spur of the moment Y took the clothes of Y from
the drawer and burned them to ashes. What crime was committed by
X?
a. Theft
b. Robbery
c. Malicious mischief
d. Arson
67. X threatened Y that he would kill the latter if Y would not

give five hundred pesos (500). What crime was committed by X?
a. Grave Coercion
b. Grave threats
c. Attempted murder
d. Attempted homicide
68. Which among the following is considered as slight physical

injuries only?
a. Maltreatment
b. Loss of one‟s tooth/eye
c. Loss of one‟s reproductive organ
d. Burning the skin of another
69. Vegeta slapped the face of Sangoku in front of a lot

people. What crime did Vegeta commit?
a. Unjust vexation
b. Slander by deed
c. Libel
d. Rape
e. Slight physical injury
70. While walking along Capsule Corporation, Inc., Vegeta saw a

beautiful lady by the name of Bulma. Vegeta suddenly kissed Bulma
and gently touched Bulma‟s breasts. Nobody saw the incident as
Vegeta and Bulma are the only people around. Without a word.
Vegeta left leaving Bulma stultified and shocked. What crime was
committed by Vegeta?

R.C., J.D./2016
a. Unjust vexation
b. Slander by deed
c. Acts of lasciviousness
d. Attempted rape
71. X was driving his car when he bumped run over a pedestrian
crossing the street. The pedestrian died. What crime was
committed by X?
a. Reckless imprudence
b. Homicide
c. Reckless imprudence resulting in homicide
d. Homicide thru reckless imprudence
72. Insp. Mills arrested X on suspicious of a crime. He

interrogated X in the police precinct and when he failed to
illicit any information from X, he caused the torture of the
hapless X. what crimes was committed by Insp. Mills?
a. Physical injuries
b. Illegal detention
c. Grave coercion
d. Arbitrary detention
73. A is the son of B. B incurred debt to Don Pedro. Since B

did not have the money to pay Don Pedro. Don Pedro required A to
work for him for the purpose of paying off the indebtedness of B.
this scheme is against the will of A but he cannot do anything as
he is being forced by Don Pedro. What crime was committed by Don
Pedro?
a. Introducing a minor to abandon home
b. Child abuse
c. Exploitation of child labor
d. Exploitation of minor
74. What crime is committed by a notary public who would issue

a copy of a deed of sale purporting that A sold his house and lot
to B where in fact no such transaction ever existed?
a. Estafa
b. Falsification
c. Forgery
d. Falsification by a private individual
75. X wanted to become a writer of “graphic and explicit sex

related stories” in a local newspaper. Let us assume that his sex
stories do not have any artistic, cultural, educational or
scientific values whatsoever. One night he went to bed and placed
his “articles/writings” inside his drawer. These unpublished
articles were stolen by his roommate and was sent to “Bombahan”,
a cheap daily tabloid known for its depiction of sexually
explicit materials. When he woke up one morning he was surprised
that the NBI is looking for him as he is being charged for
violation of article 201 of the RPC that is “Immoral doctrines.
Obscene publications and exhibitions and indecent shows.” X would
be:
a. Convicted for violating article 201
b. Convicted for violating article 200 of the RPC instead which is
Grave Scandal

R.C., J.D./2016
c. Not liable because the articles were not published with his
consent
d. Liable as mere creation of obscene material is punishable but his
liability is mitigated because the articles were stolen.
76. There is treasury warrant that is payable to X. Y

unlawfully took possession of that warrant, wrote the name of X,
endorsed it by signing X‟s name and thereafter he was able to
encash it. What crime was committed by Y?
a. Forgery
b. Falsification
c. Theft
d. Estafa
77. X is less than 3 days old. X was killed by his own father
because the father is afraid that his real wife would discover
that he had sired X with Y their “kumara”. What crime was
committed by the father?
a. No crime
b. Infanticide
c. Parricide
d. Murder
78. X (man) married Y (woman) in the Philippines. Later X went

to the USA and married Z. when Y learned this, he filed case
against X. what crime was committed by X?
a. Adultery
b. Concubinage
c. Bigamy
d. Immorality
79. In the above case supposing that, X and Z took a vacation

in the Philippines. They rented a condominium unit and were
always seen caressing each other in public places. Are they
liable for any crime?
a. Yes for bigamy
b. Yes for adultery
c. Yes for concubinage
d. No because they are not caught having sex
80. Let us suppose that while in the Philippines a serious

misunderstanding took place between X and Z. x therefore killed
Z. what crime was committed by X?
a. Murder or homicide
b. Parricide
c. Infanticide
d. Rape
81. What acts are made punishable by law committed by 1.

Imputing to an innocent person the commission of a crime or 2.
Imputing to him things calculated to blemish the honor or
reputation of a person by means of intrigue.
a. Libel
b. Slander
c. Incriminatory machinations
d. Incriminating innocent persons

R.C., J.D./2016
82. A and B were having a heated altercation over some trivial

traffic misunderstanding. The Barangay Captain who happened to
pass by saw the two while they were involved in exchanging
unpleasantries. The Barangay Captain tried to pacified A and B
but A resented this intervention and punched the Brgy. Captain
causing the latter to break his jaw requiring more than thirty
days hospitalization and incapacity. What crime was committed by
A?
a. Serious physical injuries
b. Assault upon a person in authority
c. Serious physical injuries with assault upon a person in authority
d. Assault upon a person in authority resulting to serious physical
injuries
83. X was arrested by Insp. Mills because the former parked his
motor vehicle in a parking area. What felony was committed by
Insp. Mills?
a. Illegal arrest
b. Arbitrary detention
c. Delay in the delivery of detained person
d. Unlawful arrest
84. X and Y are next door neighbors. X became irritated by the

constant barking of Y‟s dog. So one night he shot the dog causing
the dog to die. What crime was committed by X?
a. Homicide
b. Murder
c. Malicious mischief
d. Physical injuries
85. Supposing after killing the dog. X realized that he missed

dinner that night abd that he was so hungry so he took the dog‟s
carcass and cooked it and thereafter ate it. What crime was
committed by X?
a. Theft
b. Malicious mischief
c. Complex crime
d. Cruelty to animals
86. Supposing X realized after killing the dog that he could be

held criminally liable for his act. So he decided to do away with
the evidence of the crime. He hid the gun which he used to kill
the dog inside the drawer of Z another next door neighbor so as
to make it appear that the gun belonged to Z. what crime was
committed by X with respect to his latest act?
a. Intriguing against honor
b. Libel
c. Incriminating innocent person
d. Slander by deed
87. X is a taxi driver, saw a bag left by one of his passengers

which when he opened contained valuables amounting to thousand of
pesos. Assume that he deliberately fail to restore the bag and
its contents to the passenger would X be held liable and for what
crime?

R.C., J.D./2016
a. Yes, for theft

b. Yes, for qualified theft
c. No crime he did not take the money by force
d. No crime he did not have criminal intent
88. Assume that X is an honest taxi driver so he is now asking

you as a criminology/criminal justice graduate as to whom shall
he return the bag considering that he did not know who its owner
was?
a. I advise him to return the bag to Mike Enriquez
b. I advise him to return the bag to the nearest police station
c. I advise him to give the bag to me and I will give the bag back
to the owner
d. I advise him to give the bag to the mayor of the city or
municipality
89. Assume that X returned the bag to a local radio station for
its safekeeping and eventual return to the owner instead of
handling it over to the proper authorities. Question is X guilty
of any crime?
a. Yes because the law specifically enumerate the proper person to
return lost property and he failed to do this.
b. Yes if the local radio station failed to return the bag X is
guilty as an accomplice in the crime.
c. Yes because by returning the lost property to the media, X‟s real
purpose is only to gain media exposure and not really of his
desire to return the bag
d. No, because there is absence of criminal intent which is an
element of felonies in general.
90. X wanted to kill Y. one night he saw Y deep in his sleep in

his room. X went out of the house bought gasoline pour it on Y‟s
house and set it on fire. As a result of the fire Y died. What
crime was committed by X?
a. Arson
b. Arson with homicide
c. Murder
d. Qualified arson
91. Assume that X did not know that Y was inside the house. He
poured gas to Y‟s house and set it on fire. His only intention
was to burn the house. But again, as earlier stated Y was inside
the burning house (which is unknown to X) which caused his death.
What crime was committed by X?
a. Arson
b. Murder
c. Arson with homicide (qualified arson)
d. Technical arson
92. Assume that X entered Y‟s room and while the latter was
sleeping, stabbed him to death. X in order to hide any traces of
the crime decided to burn the house. What crime was committed by
X?
a. Complex crime of murder with arson
b. Plain murder
c. Heinous crime

R.C., J.D./2016
d. Murder and arson
93. What law is entitled “Act Prohibiting the Detention of

Patients in Hospitals and Medical Clinics on Grounds of Non
Payment of Bills.” It is also known as the Anti Hospital
Detention Law.
a. RA 9439
b. RA 9262
c. RA 9346
d. RA 9344
94. What crime is committed by say more than ten (10) unarmed
persons who gather together in a meeting for the purpose of
committing theft?
a. Conspiracy
b. No crime
c. Illegal assemblies
d. Illegal associations
e. Attempted theft
95. What crime is committed by ten persons about half of them

being armed, and their purpose in their meeting was to commit the
crime of robbery?
a. Conspiracy
b. Illegal assemblies
c. Illegal associations
d. No crime
96. X stabbed Y (a woman). At the threshold of death, that is

while Y was about to die, X suddenly developed the idea of raping
Y. what crime was committed by X?
a. Rape
b. Murder
c. Rape with murder
d. Murder (rape as aggravating)
97. X shot Y with a revealer (the wound was mortal). Y fell to

the ground but amazingly got up went to his house, and knowing
that he would die anyway cut his throat to expedite his death. Y
died. What crime was committed by X?
a. Homicide
b. Infanticide
c. Physical injuries
d. No crime
98. H and W is husband and wife respectively they have been

married before a judge about 1 year ago. H works as a security
guard in midnight shift whereas W stays home nursing their
children. One eventful night H suspicious of W having an affair
with their “Kumpare”, decided to go home early, true to his
hunch, he saw W on top of kumpare, the two being completely naked
and in the act of sexual intercourse (copulation). In a fit of
anger H killed both W and kumpare. What crime was committed by H
if any?
a. Parricide with respect to W. murder with respect to kumpare
b. Murder

R.C., J.D./2016
c. Death inflicted under exceptional circumstances

d. No crime as H is exempted
99. In the above case assume that H merely witnessed W and

kumpare in the act o kissing and caressing each other only.
Thereafter he lost his senses and proceeded to hacked to death W
and kumpare. What crime was committed by H if any?
a. Parricide with respect to W, and homicide with respect to kumpare
b. Murder
d. No crime as H is exempted
100. Assume that H surprised W and kumpare having carnal

knowledge (sexual intercourse), immediately thereafter he
inflicted say, serious or less serious physical injuries upon W
or kumpare or both of them, what crime was committed by X if any?
a. Physical injuries
b. Attempted murder
d. No crime as X is exempted
***END***

R.C., J.D./2016
CRIMINAL PROCEDURE (RULE 110-127)
1. ____ is the examination before a competent court or tribunal,

according to the laws of the land, of the facts in issue for the
purpose of determining such issue.
a. Pre – Trial b. Arraignment c. Trial d.
New Trial
2. One of the following is not included as a reason for the

postponement of trial.
a. That the witness is really material to which the courts
agrees
b. That no similar evidence could be obtained without
negligence on the party applying for postponement
c. That the court docket is full
3. When a court is satisfied, upon proof or oath, that a material

witness will not testify when required, it may upon motion of
either party order the witness to:
a. To be excused c. To post
bail
b. To be included I the information d. A and B
4. In this jurisdiction, when two or more accused are jointly

charged with any offense, they shall be tried jointly. Separate
trial is:
a. Within sound discretion of the court c. statutory
requirement
b. Mandatory d. Constitutional
requirement
5. To be state witness, one of the accused must voluntarily execute

a sworn statement in support of his discharge. If the court
denies the motion to discharge said accused filed before the
prosecution rest its case, his sworn statement shall be:
a. Admissible in evidence
b. Inadmissible evidence
c. Conditionally admitted as material evidence
d. Conditionally admitted
6. The number of days the accused has to prepare for trial after a
plea of guilty is entered.
a. Within 30 days c. Within 20 days
b. At least 15 days d. Within 60 days
7. The time of trial shall commence:

a. Within 30 days from receipt of the pre-trial order
b. Within 45 days from receipt of the pre-trial order
c. Within 20 days from receipt of the pre-trial order
d. Within 15 days from receipt of the pre-trial order
8. The status of an essential witness whenever his whereabouts are

unknown or his whereabouts cannot be determined by due diligence:
a. Unavailable b. Absent c. Hostile d.
Adverse
9. One reason for the re-opening of trial of a case.

a. Newly discovered evidence
b. The appearance of an essential witness
c. To avoid miscarriage of justice upon motion and with
hearing
d. None of the Above

R.C., J.D./2016
10. After the prosecution has rested its case, the accused file
a motion to dismiss, with or without leave of court; this rule is
known as:
a. Bill of particular c. Demurrer to
evidence
b. Summary proceeding d. Trial
11. The entire trial period should not exceed ______ from the
first day of trial, except if authorized by special law or by the
SC circulars.
a. 120 days c. 150 days
b. 180 days d. 60 days
12. As a general rule, the silent of the accused should not

prejudice him, except:
a. If the prosecution has already established a prima facie
case
b. If the defense of the accused is an alibi
c. All of the above
13. After the prosecution rested its case, the accused filed a
demurrer to evidence. Would double jeopardy be a valid defense if
he charged again with the same offense against?
a. No, because the dismissal is with his consent or upon his
own motion
b. Yes, because the dismissal is tantamount to acquittal
c. The case was not terminated on its merits hence double
jeopardy does not apply
d. The case was terminated on its merits hence double
jeopardy does not apply
14. ______ is the adjudication by the court that the accused is

guilty or not guilty of the offense charged, and the imposition
of the proper penalty and civil liability provided for by law on
the accused.
a. Sentence c. Acquittal
b. Interlocutory d. Judgment
15. In a judgment of acquittal, the court has:

a. Authority to reprimand
b. No authority to reprimand the accused
c. Authority to call a conference the counsels of the
prosecution and defense
d. All of the above
16. In case of acquittal, the judgment shall make a finding on

the civil liability of the accused in favor of the offended
party, except when:
a. The guilty party die before judgment
b. There is a clear showing that the act from which the civil
liability might arise did not exist
c. All of the above
d. A & B
17. The court may modify its judgment of conviction only:

a. Before the decision becomes final
b. On motion of the accused and on motion of the prosecution
c. Motu propio the Court with the consent of the accused
d. All of the above
18. The effect of failure of the accused to quash a duplicitous

information, the court may
a. Acquit him as this is a violation of the rules on duplicity
of offenses

R.C., J.D./2016
b. Convict the accused of as many offenses as are charged and

proved there being a waiver therein
c. Impose on him the penalty of each offense, setting out
separately the findings of fact and law in each offense.
d. B & C
19. An accused can be convicted of an offense only when it is

both charge and proved, except where there is a variance of the
offense charged, and that proved and the offense charged
necessarily includes in or is necessarily in the offense proved
the rule is that the accused can be convicted only of:
a. Of the graver offense whether it is the one charged or
proved
b. Of the lesser offense whether the lesser offense is the one
charged or proved
c. Two offenses with the corresponding penalty
d. All of the above
20. X was charged with murder but during the trial the offense
proved was homicide. What would be the decision of the judge?
a. The court will convict the accused only for homicide
b. Dismiss the case there being a variance of offense charged
and proved
c. All of the above
d. None of the Above
21. Suppose the charge is homicide, but during the trial the
offense proved is murder. What would be the decision of the
court?
a. Dismiss the case there being variance of the offense
charged and the offense proved
b. Convict the accused only of homicide because homicide is
necessarily included in the offense proved
c. All of the above
d. A & B
22. Is a verbal judgment valid?

a. Yes, because it is promulgated in open court and in the
presence of the accused
b. No, because it was incomplete, not signed by the judge and
does not contain findings of fact and law.
c. All of the above
23. Which of the following does not constitute civil liability

arising from crime committed:
a. Atty. Fees c. Actual damages
b. Exemplary damages d. Moral damages and Loss
of earning capacity
24. An offense charged necessarily includes an offense proved

when:
a. Some of the essential elements or ingredients of the
offense charged constitute the offense proved
b. When the essential ingredients of the offense charged
constitute or form part of the elements constituting the
offense proved
c. All of the above
d. A & B
25. An offense charged is necessarily included in the offense

proved when:
a. Some of the essential elements or ingredients of the
offense charged constitute the offense proved

R.C., J.D./2016
b. When the essential ingredients of the offense charged

constituted or form part of the elements constituting the
offense proved
c. All of the above
d. A & B
26. X was charged with rape. What was proved was qualified
seduction. Can X be convicted of qualified seduction?
a. No, although qualified seduction is a lesser offense than
rape, the elements of the two offenses are different
b. Yes, X can be convicted of qualified seduction because it
is a lesser offense than rape
c. All of the above
27. The judgment is promulgated:

a. By reading it in its entirely in the presence of the
accused
b. By any judge of the court in which it was rendered
c. By the court‟s sheriff
d. A & B only
28. A judgment may be validly promulgated in absentia

a. If the conviction is for a light offense
b. If the accused fails to attend the promulgation despite
notice
c. If he jumped bail or escape from prison
d. All of the above
29. A judgment of a conviction mat be modified by the court

that rendered it:
a. Upon motion of the accused
b. Before judgment has become final
c. After the lapse of perfecting an appeal
d. A & B only
30. A judgment of acquittal becomes final

a. After 15 days from promulgation
b. After entry in the criminal docket
c. Immediately upon promulgation
d. A & B only
31. A judgment of conviction shall become final:

a. After the lapse of the period for perfecting an appeal and
When the sentence has been partially or totally
satisfied/served
b. When accused has waived in writing his right to appeal
c. When the accused has applied for probation
d. All of the above
32. Which of one is not requisite of the first jeopardy?

a. There is a valid information
b. Information filed in a court of competent jurisdiction
c. There is a valid arraignment and plea
d. The case was dismissed upon motion or with the express
consent of the accused
33. A crime was committed in Makati. The case was filed in

Pasay City. When the prosecution realized that the complainant
should have been filed in Makati, he filed the case in Makati.
Can the accused invoke double jeopardy? No, on the ground that:
a. The court in Pasay had no jurisdiction
b. The accused was in no danger of being placed in jeopardy

R.C., J.D./2016
c. The accused in Pasay City was dismissed without his express

consent
d. A & B only
34. Which statement is not correct or wrong?

a. A complaint or information is valid, if it can support a
judgment f conviction
b. If the information is valid, if it can support an acquittal
c. If the information is not valid, the right of the accused
to be informed of the nature and cause of the accusation
against him
d. If the information is not valid, the conviction of the
accused is null and void and there can be no first
jeopardy.
35. X was charged with Estafa. Later, the case was dismissed
provisionally with the consent of the accused. Can another estafa
case be filed against X before the temporary dismissal becomes
permanent without placing him in double jeopardy? Yes, because:
a. There was a previous provisional dismissal;
b. There was no conviction or acquittal or unconditional
dismissal of the case
c. A provisional dismissal such as the above case does not
validly terminate the first jeopardy
d. B & C only
36. As a general rule, a dismissal upon motion of the accused

or his counsel negates or denies the application of double
jeopardy. However, a dismissal even with the express consent of
the accused but such dismissal is equivalent to acquittal which
would entitle the accused to invoke double jeopardy in the
following:
a. Dismissal due to insufficiency of evidence
b. Dismissal due to unreasonable delay which constitutes a
violation of the right of the accused to speedy trial
c. Dismissal based on demurrer to evidence
d. All of the above
37. The conviction of the accused of an offense shall not be a

bar to another prosecution for an offense which necessarily
includes the offense charged in the former information under any
of the following circumstances:
a. The graver offense developed due to supervening fact
arising from the same act or omission constituting the
former charge;
b. The facts constituting the grave offense became known or
were discovered only after a plea was entered in the former
information
c. The plea of guilty to a lesser offense was made without the
consent of the prosecutor and the offended party, except if
the offender party fails to appear at the arraignment;
d. All of the above
38. X is charge with frustrated homicide. After arraignment and

a plea of guilty were entered, the victim dies. Can X be charged
with homicide? Answer: Yes:
a. If the death of the victim can be traced to the acts of X,
and the victim did not contribute of his death with his
negligence; X can be charged with homicide;
b. If the act of X was not the proximate cause of death, X can
still be charged with homicide;
c. All of the above

R.C., J.D./2016
39. Before the finality of the judgment of conviction, the

accused can avail himself of any of the following remedy:
a. Motion for New Trial and Motion for reconsideration
b. Annul the judgment
c. Appeal the judgment
d. All of the above
40. Which of the following is not a ground for New Trial?

a. Errors of fact in the judgment
b. Errors of law committed during the trial
c. Irregularities prejudicial to the substantial rights of
accused committed during the trial
d. Newly discovered evidence
41. Which one of the following is not ground for

Reconsideration?
a. Errors of law committed during the trial
b. Errors of law in the judgment, which requires no further
proceedings
c. Errors of fact in the judgment, which requires no further
proceedings
d. Errors of fact and law in the judgment, which requires no
further proceedings
42. The effect of granting a new trial or reconsideration:

a. The original judgment shall be set aside or vacated
b. A new judgment shall be rendered
c. The original judgment shall be modified only
d. A & B only
43. ______ is a proceeding for review by which the whole case

is transferred to a higher court for a final determination.
a. Motion for Reconsideration c. Appeal
b. New Trial d. Arraignment
44. ______ one which dispose of the whole subject matter or

terminates a particular proceeding or action leaving nothing to
be done but to enforce by execution of what has been determined.
a. Final judgment
b. Final Order
c. Interlocutory Order
d. A & C only
45. A motion for new trial should be filed at any time within
15 days from the promulgation of a judgment of conviction
a. Before the final entry of a judgment of conviction
b. Before the appeal is perfected
c. After the final entry of a judgment of conviction
d. Before the final entry of a judgment of conviction
46. The right to appeal a case decided by a lower court is:

a. Statutory right c. Element due
process
b. Inherent right d. Constitutional
right
47. Appeal by either party as used in the law has been

interpreted to mean:
a. Only the government and the accused
b. Other persons who may be affected by the judgment rendered
in the criminal proceedings
c. All of the above
48. The party appealing the case is known as:

R.C., J.D./2016
a. Appellee c. Prosecution
b. Appellant d. All of the above
49. ______ is an order in writing issued in the name of the

People of the Philippines, signed by a judge and directed to a
peace officer commanding him to search for personal property
described therein and bring it before the court
a. Search Warrant c. Sequestration
Order
b. Warrant of Arrest d. Search Order
50. Persons protected by the provisions against unreasonable

search and seizure:
a. Filipino Citizen only
b. All persons whether citizens or aliens within the
jurisdiction of the State
c. All persons accused of acts and omission punishable by the
RPC
51. Of the 4 requisites for issuing search warrant, one of the

following is not included.
a. The warrant issued must particularly described the person
who committed the crime
b. Must be issued upon probable cause
c. The probable cause must be determined by the judge himself
and not by the applicant or any other person
d. In the determination of probable cause, the judge must
examine under oath or affirmation the complainant and such
witness as the latter may produce
52. Are outlawed because they place the sanctity of the

domicile and the privacy of communication and correspondence at
the mercy of the whims, caprice or passion of peace officers.
a. Unreasonable search and seizure c. Illegally sized
documents
b. General Search Warrant d. All of the above
53. Under the law, a search warrant shall be valid for how many
days?
a. 15 days from its date c. 10 days after its
date
b. 10 days from its date d. 5 days after its
date
54. In what instance may search and seizure be made without

warrant?
a. When it is with the consent of the accused
b. When search is incidental to arrest
c. When it is made for dangerous weapon or anything which may
be used as proof of the commission of an offense
d. All of the above
55. The requirements for the issuance of a search warrant are

more stringent than the requirements for the issuance of warrant
of arrest because:
a. In a warrant of arrest, the person to be arrested can
always post bail to prevent deprivation of his liberty
b. The right against search and seizure is implicit in the
natural right to life, liberty and property
c. The violation of the right to privacy produces a
humiliating effect which cannot be rectified anymore

R.C., J.D./2016
d. All of the above
56. The following are instances of permissible warrantless

arrests:
a. Arrest in flagrante delicto c. Arrest of escape
prisoners
b. Arrest effect in hot pursuit d. All of the above
57. One is not a requisite for the plain-view doctrine to

apply.
a. There must have been a prior valid intrusion based on the
warrantless arrest in which the police are legally present
in the pursuit of their official duties;
b. The evidence was accidentally or unintentionally discovered
by the police who had a right to be where they are and the
evidence must be immediately seen or viewed
c. There was no need for further search
d. All of the above
58. Stop and frisk search known as Terry Search is the right of
the police to:
a. Stop a suspicious looking person wandering at midnight in a
place where crimes have been reported prevalent.
b. The right of the police to pat or frisk for concealed
weapons
c. It is a limited protective search of outer clothing
d. All of the above
59. A scatter shot warrant is a warrant of search and seizure

or arrest that is issued:
a. For more than one offense
b. It is void because the law requires that a warrant can be
issued only for one specific offense
c. It is valid for two specific offense only
d. A & B only
60. Police Officers applied for a warrant to search Door No. 1

of an apartment. The court issued the warrant; hence they
proceeded but when they arrived at the place they realized that
what they thought as Door No. 1 was actually Door No. 5. Can they
search Door No. 5?
a. No, because what is controlling is what is stated I the
warrant
b. This is to prevent abused in the service of the search
warrant
c. Yes, because the error is merely clerical and unintentional
d. A & B only
61. A buy bust operation is a method or procedure employed by

police authorities to male factors:
a. In the act of committing the crime of drug vending
b. It is form of entrapment, a procedure not prohibited by the
RPC or law
c. It is a form of instigation which is prohibited by law
d. A & B only
62. What is the effect if the arrest is illegal, and an

unlicensed firearm was confiscated in the process? Can the
unlicensed gun be used in evidence?
a. Yes because the person arrested can be charged with Illegal
Possession of a gun
b. No because the person was illegally obtained
c. The gun is the fruit of the poisonous tree
d. B & C only

R.C., J.D./2016
63. What is the importance of a person arrested of signing of a

police booking sheet ad arrest report?
a. It is tantamount to extra-judicial confession without the
assistance of a counsel
b. Signing said booking sheet and arrest report is not an
admission of the commission of the offense
c. It is merely a statement of the accused being booked and
the date of the fact of his arrest
d. B & C
64. What is the effect if the person arrested signed the

receipt of the property seized without the aid of a counsel?
a. It is admissible in evidence as it is a declaration against
interest
b. It is a tacit admission of the crime charged
c. It is inadmissible as an evidence as it is tantamount to an
uncounselled extra-judicial confession
d. C & D only
65. Mayor X was arrested 4 days after the commission of alleged

murder against Y. He was arrested without warrant of arrest. Was
the arrest legal?
a. No because the police were not present during the killing
b. The police had no person knowledge of the criminal act
committed by Mayor X
c. He was arrested after 40 days after the commission of the
crime
d. All of the above
66. X was arrested. Then he was subjected to paraffin test. After

trial, he was convicted. On appeal he contended that when the
paraffin test on him was taken, his constitutional right to
counsel and self-incrimination were violated. Was his contention
legal?
a. Legal because this is tantamount to uncounselled extra-
judicial confession
b. It is not violation of his right to counsel as he is not
yet under custodial investigation
c. Not also a violation of his right against self-
incrimination as this extends only too testimonial evidence
and not when his body is proposed to be examined
d. B & C only
67. A police officer cannot seize anything not mentioned/included

in the search warrant, except if it is:
a. Mala prohibita
b. The seizure can be justified under the plain view doctrine
c. All of the above
d. A & B
68. As a rule, evidence illegally seized is:

a. Inadmissible in evidence c. Voidable evidence
b. Admissible in evidence d. All of the
above
69. ______ means the existence of such facts and circumstances,

which would lead a reasonable discreet and prudent man to believe
that an offense has been committed and that the objects sought in
connection with the offense are in the place to be searched.
a. Prima facie evidence c. Substantial
evidence
b. Preponderance evidence d. Probable cause

R.C., J.D./2016
70. What is the area of a coverage of an officer‟s search being an

incident of a lawful arrest? Is it limited to the person of the
accused?
a. It may extent beyond the person of the one arrested
b. To include the premises or surroundings under his immediate
control
c. The search must be contemporaneous or simultaneously, more
or less, with the arrest, both in time and place, without
delay
d. All of the foregoing
71. As used in Rule 120, it means the adjudication by the court

that the accused is guilty or is not guilty of the offense
charged, and the imposition of the proper penalty and civil
liability provided for by law on the accused.
a. Judgment c. Acquittal
b. Interlocutory d. Sentence
72. From the provision of Section 1, Rule 120 it would seem that in
a judgment of acquittal, the court has…
a. Authority to impose a reprimand
b. No authority to impose a reprimand
c. Authority to call a conference with both prosecutor and
defense counsel
d. All of the forgoing
73. In case of acquittal, the judgment shall make a finding on the

civil liability of the accused in favor of the offender party,
except when…
a. There is a clear showing that the act from which the civil
liability might arise did not exist
b. There is a prejudicial question
c. The offender is pardon by the offended party
d. The guilty party dies before judgment
74. The indemnity which a person is sentenced to pay, forms an

integral part of the penalty, it being expressly provided by
Article 100 of the Revised Penal Code, that every person
criminally liable is.
a. Civil liable c. Presumed to be
innocent
b. Not civil liable d. All of them
75. It is said to exist when the complainant or information sets

out an offense but the evidence establishes another crime.
a. Complex crimes c. Continuing offense
b. Variance d. False accusation
76. In case of variance between information and proof, the accused

can only be convicted of the…
a. Graver offense which is included in the order
b. Lesser crime which is included in the other offense
c. Mitigating circumstances
d. Aggravating circumstances
77. Where the offense charged does not include the offense proved,
it matters not how conclusive and convincing the evidence of
guilt may be, an accused person cannot be convicted in any court
of any offense unless…
a. The accused is charged of a complex crimes
b. It is charged in the information on which he is tried or
necessarily included therein
c. The accused is recidivist
d. All of them

R.C., J.D./2016
78. Takes place when the Clerk of Court enters final judgment in
accordance with the order of the court and when judgment is thus
entered, it is legally promulgated.
a. Rendering of the judgment c. Legal promulgation
of the judgment
b. Pronouncing of the judgment d. Entry of judgment
79. Under Section 6 of the Rule 120 of the Rules of Court, a

judgment of acquittal is validly promulgated after the Clerk of
Court has entered it in the criminal docket and the defendant
served with copy thereof. The presence of the defendant is not
necessary where the judgment is one of….
a. Conviction of grave offense c. Conviction of a
light offense
b. Acquittal d. All of them
80. A judgment becomes final after the lapse of period for…

a. Perfecting an appeal
b. Presentation of evidence by the prosecution
c. Presentation of evidence by the defense counsel
d. All of them
81. It portrays a proceeding whereby errors of law or

irregularities are expunged from the record, or new evidence is
introduced, or both steps are taken, in a new trial, by the
nature of its purpose and what is to be done, both parties have
to intervene.
a. New Trial c. Trial
b. Motion for Reconsideration d. All of them
82. It contemplates no new hearing or proceeding of any kind to
seek a change in judgment is accomplished but only o the basis of
what is already in the record.
a. New Trial c. Trial
b. Motion for Reconsideration d. Appeal
83. A motion for new trial should be filed at any time within
fifteen days from the promulgation of a judgment of conviction
that is…
a. Before the final entry of a judgment of conviction
b. Before the appeal id perfected
c. After the final entry of a judgment of conviction
d. After the appeal is perfected, the trial court
84. Where the appeal has been perfected, the motion for new trial
should be presented to the appellate court, because once an
appeal is perfected, the trial court…
a. Still retains its power to set aside the judgment rendered
by it or to grant a new trial
b. Loses its power to set aside the judgment rendered by it or
to grant a new trial
c. All of the above
d. None of them
85. The prosecution cannot appeal from a judgment of conviction to

increase the penalty because:
a. The accused would be placed in double jeopardy
b. The prosecution can ask that the judgment be set aside
c. The prosecution can ask for reopening of the case
d. All of them
86. Appeal by “either party” as used in the law has been

interpreted to mean…
a. Only the government and the accused
b. Other persons who may be affected by the judgment rendered
in the criminal proceedings

R.C., J.D./2016
c. B only
d. A & B
87. The period for appeal from final orders, resolutions, awards
judgments or decisions of any court in all cases shall be made:
a. 15 days counted from the notice of the final order,
resolution, award, judgment or decision appealed from;
b. Within in 15 days from receipt of the notice of the final
order, resolution, award, judgment or decision appealed
from;
c. 15 days after the notice of the final order, resolution,
award, judgment or decision appealed from;
d. 15 days before the notice of the final order, resolution,
award, judgment or decision appealed from
88. Corollary to the item above mentioned, when will the period for
perfecting an appeal be interrupted?
a. After the time a motion for a new trial or reconsideration
is filed until notice of the order overruling the motion
shall have served upon the accused or his counsel;
b. After the time a motion for new trial or reconsideration is
filed until notice of the order overruling the motion shall
have served upon the accused or his counsel;
c. Before the time a motion for a new trial or reconsideration
is filed until notice of the order overruling the motion
shall have been served upon the accused or his counsel;
d. None of them
89. Supposing the judge rendered an oral decision. It may be either

be for conviction, acquittal or dismissal. The oral decision will
never become final because:
a. It was not in writing;
b. It is not signed by the judge;
c. It can still can be changed or modify by the judge;
d. All of the above
90. Judgment is valid and binding when:

a. Duly signed by a judge;
b. Filed with the Clerk of Court
c. Promulgated during the incumbency of the judge who signed
it;
d. All of the above
91. X was charged with frustrated homicide. During the arraignment,

he pleaded not guilty. Immediately after he gave his plea of not
guilty, the victim died. So X was charged again, this time, with
homicide. When arraigned for homicide, X moved to quash the
homicide case on the ground of double jeopardy. Is X contention
correct? No because:
a. The second offense did not yet exist at the time of the
first prosecution for frustrated homicide;
b. No possibility for him to convicted for non-existing crime,
which supervened after being charged for frustrated
homicide;
c. B only
d. A & B
92. X was charged with murder but during the trial, the offense
proved was homicide only. What would be the decision of the
judge?
a. Murder because this is the offense charged
b. Homicide for being lesser offense, which is included in the
offense, charged;
c. No decision

R.C., J.D./2016
d. All of the above
93. Supposing, the charge is for homicide but he offense proved is

murder. The decision of the judge would be:
a. Convicted for murder because it is the offense proved;
b. Homicide for a person cannot be convicted of a greater
offense than that charged;
c. All of the above
94. Exclusion and separation of witnesses on any trial or hearing ,

the judge may exclude from the court any witness not at the time
under examination, except:
a. Party in action and One who is party in-interest
b. Against expert witness
c. Rebuttal witness and
d. All of the above
95. The court shall consider no evidence, which has not been
formally offered. The purpose for which the evidence is offered
must be specified. When shall offer of evidence be made? As
regards the testimony of witness, the offer must be made at the
time (a) ; as to documentary and object evidence,
the offer shall be made: (b) .
a. The witness is called to testify;
b. After the presentation of all the party‟s testimonial
evidence;
c. During the presentation of the parties‟ evidence
d. A & B
96. Promulgation of judgment in the RTC and inferior courts shall

be made as follows:
a. The Clerk of Court rendering the judgment shall give notice
to the accused;
b. Reading of the judgment in the presence of the accused and
any judge of the court in which it was rendered;
c. Service of the decision by mail;
d. A & B only
97. Promulgation of the subject in the Supreme Court and Court of

Appeal shall be made:
a. By filling the judgment with the Clerk of Court of the
appellate court;
b. Presence of the accused is required;
c. The Clerk of Court shall make certified true copies of the
judgment to be served upon the parties y registered mail;
d. A & C only
98. The rule is, the Constitution bars State instructions to a

person‟s body, personal effects or residence except if conducted
by virtue of a valid search issued. However, warrantless searches
and seizures is legally allowed in:
a. Search of moving vehicle and Customs searches;
b. Seizure in pain view and Waiver or consent searches
c. Stop and frisk situation and Search incidental to a lawful
arrest
d. All of the above
99. It is a doctrine usually applied where a police officer is not

searching for evidence against the accused, but nonetheless
inadvertently comes across incriminating objects.
a. Waiver or consented search; c. In flagrante
delicto
b. Stop and frisk situation; d. Plain view

R.C., J.D./2016
100. In determining the probable cause, it is required that:

a. The judge must examine the complainant and his witnesses
personally;
b. The examination must under oath;
c. The examination must be in writing in the form of searching
questions and answers;
d. All of the above
e. A & B only
f. C only
101. Every search conducted in a house, room, or premises must be

made only in the presence of:
a. The lawful occupant thereof or any member of his family;
b. In their absence, in the presence of two witnesses of
sufficient age and discretion residing in the same
locality;
c. All of the above
d. A only
102. A search warrant has a lifetime of ten (10) days. When the
search under a warrant on one day was interrupted, it may be
continued under the same warrant the following day:
a. If it is still within the ten-day period;
b. Even after ten days from its date;
c. “A” only
103. A warrantless arrest is considered legitimate or valid and it

includes a warrantless search and seizure in:
a. Arrest in flagrante delicto; c. Arrest of
escape prisoner;
b. Arrest effected in hot pursuit d. All of the
above
104. The police saw 2 suspicious looking persons at dawn; hence,

they stopped them. They were carrying bags. When they were
stopped, they ran and when apprehended, an unlicensed revolver
was found in the bag. Is the search without warrant valid or
void?
a. Valid as this is stop and frisk situation;
b. Probable cause is present when they acted suspiciously and
attempted to run when order to stop; that they are
concealing something illegal;
c. All of the above
d. B only
105. The Constitution proscribes/prohibits unreasonable searches and

seizures of whatever nature. Without a judicial warrant, or
warrantless search is not allowed except:
a. A search incident to a lawful arrest and Consented search;
b. Seizure of evidence in plain view and Stop and frisk
situations;
c. Search of a moving vehicle and Customs search
d. All of the above
106. It is an order in writing issued in the name of the People of

the Philippines, signed by a judge and directed to a peace
officer, commanding him to search for personal property described
therein and bring it before the court.
a. Subpoena duces tecum;
b. Search warrants
c. All of the above
d. A & B

R.C., J.D./2016
107. A search warrant is in the nature of an interlocutory order

because there are other things to be done, like:
a. The filling of the corresponding information; c. A
only
b. Determination of the guilt of the accused; d. All of
the above
108. A search warrant is issued purposely to search and seize

personal property, which is:
a. Subject of the offense
b. Stolen or embezzled and other proceeds, or fruits of the
offense;
c. Used or intended to be used as the means of committing an
offense;
d. All of the above
109. The rights against warrantless arrest and search and seizure is
not absolute. Under the Rules of Criminal Procedure, an arrest
without a warrant may be lawfully made by a peace officer or a
private person if:
a. When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to
commit an offense;
b. When an offense has just been committed and he has probable
cause to believe based on personal knowledge of facts and
circumstances that the person to be arrested has probably
committed the offense;
c. Escaped prisoner from place of confinement/detention;
d. All of the above
110. It is a method employed by police authorities to malefactors in

the act of committing the crime of drug vending. It is a
procedure not prohibited by the RPC.
a. Buy bus operation c. All of the above
b. It is a form of entrapment d. A only
111. Mayor Sanchez was arrested 46 days after the commission of the
alleged rape of Sarmenta and the killing of Gomez and Sarmenta.
He was arrested without warrant of arrest. Was the arrest legal?
a. It is illegal because this is not arrest in flagrante
delicto;
b. Mayor Sanchez is not an escaped prisoner;
c. It is not in hot pursuit
d. All of the above
112. X threw a bag from a truck and marijuana leaves spilled out of
the bag. He was arrested and search without warrant. Was that
search valid?
a. It is legal c. All of the above
b. There was no search-conducted d. It is a plain view
doctrine search
113. Persons protected by the provisions against unreasonable search

and seizure.
a. Citizens of the Philippines only within the jurisdiction of
the Philippines
b. To all persons whether citizens or aliens within the
jurisdiction of the State
c. To all persons accused of acts and omissions punishable
under the Revised Penal Code
d. All of them
114. A search warrant and seizure of personal property, ownership

over it is…
a. Not necessary as possession and control is required

R.C., J.D./2016
b. Necessary
c. Indispensable
d. B & C only
115. It simply means that sufficient facts must be presented to the

judge or magistrate issuing the warrant, to convince him, not
that the particular person has committed the crime, but that
there is a cause for believing that the person whose arrest is
sought might have committed the crime charged and that the object
sought to be seized is in the place to be searched.
a. Order for search warrant and seizure c. Writ of
execution
b. Probable cause d. Writ of
confiscation
116. Of the four requisites for issuing search warrant, one of the
following is not included…
a. The warrant issued must particularly described the person
who committed the crime;
b. It must be issued upon probable cause
c. The probable cause must be determined by the judge himself
and not by the applicant or any other person;
d. In the determination of probable cause the judge must
examine under oath affirmation, the complainant and such
witness as the latter may produce;
117. Fill the blanks. Is outlawed because they place the

sanctity of the domicile and the privacy of communication and
correspondence at the mercy of the whims, caprice or passion of
peace officers.
a. Unreasonable search and seizure c. Illegally seized
documents
b. General search warrant d. All of them
118. The warrant must direct that it be served in the daytime,

unless…
a. The affidavit asserts that the property is on the person
or in the place ordered to be searched, in which case a
direction may be inserted that it be served at any time of
the day or night.
b. The affidavit asserts that the property to be searched is
worth an amount within the jurisdiction of the Regional
Trial Court
c. The place to be searched is the subject of embezzlement
d. All of the above
119. Under Section 9 of Rule 126, a search warrant shall be valid

for how many days?
a. 15 days from its date c. 12 days after its
date
b. 10 days from its date d. 15 days after its
date
(Note: A warrant of arrest is valid until the accused is

arrested or until it is lifted; hence, there is no limitation of
period.)
120. To whom does the officer seizing property under warrant must
give a detailed receipt for the same?
a. To lawful occupant of the premises in whose presence the
search and seizure were made
b. In the absence of such occupant and the search was made in
the presence of at least two witnesses of sufficient age
and discretion residing in the same locality, leave a
receipt in the place in which he found the seized property

R.C., J.D./2016
c. To the judge who issued it

d. A & B only
121. Refers to a territorial unit where the power of the court is to

be exercised.
a. Venue c. Jurisprudence
b. Jurisdiction d. Trial Courts
122. Order of trial is:

a. Prosecution, rebuttal, defense, submission for decision
b. Defense, prosecution, rebuttal, submission for decision
c. Prosecution, defense, rebuttal, sur-rebuttal submission for
decision
d. Defense, rebuttal, prosecution, submission of the case for
decision
123. The procedure in the examination of witnesses is:

a. Direct, cross, re-direct, re-cross examination
b. Direct, re-direct, cross, re-cross examination
c. Cross, direct, re-direct, re-cross examination
d. Cross, direct, re-cross, re-direct examination
124. Arraignment is the stage in a criminal prosecution which

consists of:
a. Reading to the accused in open court of the information
charging him for an offense
b. Delivering to the accused a copy of the information
c. Asking him whether the accused pleads guilty or not guilty
as charged
d. All of the above
***END***

R.C., J.D./2016
RULES ON EVIDENCE (RULE 128-134)
1. Under the rule of examination of a child witness, testimony

of a child is _______ to support a finding of fact,
conclusion or judgement subject to standard proof required
in criminal and non-criminal cases.
a. sufficient
b. credible
c. corroboration is not required
d. all of the above
2. Mr. X was shot with .45 pistol after 2 hours. He was

visited by Mr. Y at the hospital where he was immediately
brought before treatment of the gunshot wound. Mr. X told
Mr. Y that it was Mr. Z who shot him. Forwith, Mr. Y who is
a law graduate took the initiative of taking down in long
hand the statement of Mr. X who narrated the events
surrounding ad the categorically stated that it was Mr. Z
who shot him. Ten days after Mr. X died as the consequence
of the gunshot wound. The statement of Mr. Y may be
received evidence as?
a. part of res gestae
b. dying declaration
c. A and B is correct
d. none of the above
3. the rules on electronic evidence applies to

a. quasi-judicial proceedings
b. civil ations and proceeding
c. administrative cases
d. all of the above
4. in criminal cases, the factum probandum for the prosecution

of the crime of theft that the prosecution must prove
beyond reasonable doubt constitutes:
a. that there be personal property belonging to another
b. that there is unlawful taking of that property
c. that the taking is with intent to gain
d. all of the above
5. This defense is viewed with disfavour as it can be

concocted an commonly used as defense in most prosecution
arising from the violations of dangerous drugs act
a. defense of frame up
b. defense of alibi
c. self-defense
d. denial
6. The presentation of the informant in illegal drug cases is

not indispensible for a successful prosecution.
a. partially true
b. partially false

R.C., J.D./2016
c. true
d. false
7. Under this doctrine of admissibility, it allows a party to

introduce otherwise inadmissible evidence to answer the
opposing party‟s previous introduction of inadmissibility
evidence. If it would remove any unfair prejudiced caused
by the admission of the earlier inadmissible evidence.
a. curative evidence
b. conditional evidence
c. multiple admissibility
d. rules on admissibility
8. Under this doctrine, foreign laws must be alleged and

proved. In the absence of proof, the forein law will
presumed to the same as the laws of the jurisdiction.
a. processual presumption
b. French rule
c. presumption of innocence
d. due process of law
9. The testimony of X that he saw Y hack A with a bolo and the

testimony of Z that he indeed saw Y strike the victim with
the bladed weapon. The testimony of X and Z is what kind of
evidence?
a. cumulative evidence
b. positive evidence
c. testimonial evidence
d. all of the above
10. Evidence obtained in violation of Anti-wiretapping law
(RA 4200) shall not be admissible in evidence in what
proceedings?
a. judicial and quasi-judicial
b. legislative
c. administrative hearing or investigation
d. all of the above
11. According to the laws of the land, of the fact in

issue in a cause, for the purposes of determining such
issue
a. indictment
b. judgment
c. arraignment
d. trial
12. The ultimate fact sought to be established may be

ascertained in:
a. pleading submitted by the parties
b. pre-trial order
c. issued are tried with the express or implied consent
of the parties
d. all of the above
R.C., J.D./2016
13. Evidence when not required except

a. question of law
b. question of fact
c. judicial notice
d. judicial admission
14. This is not absolute rule of law and is not strictly
applied in our jurisdiction. This doctrine means that if
the testimony of a witness on a material issue is wilfully
false and given with intention to deceive, the jury may
disregard all witness‟ testimony.
a. the fruit of poisonous tree
b. false in one thing , false in everything
c. doctrine of processual presumption
d. due process of law
15. Delayed reporting by witness of what they know about a

crime renders their testimony false or incredible.
a. true
b. false
c. partially false
d. partially true
16. Negative testimony normalenjoys more weight than

apositive testimony
a. true
b. false
c. partially true
d. partially false
17. P claims to have been injured by the negligence of D

who denies having been negligent, the negligence of D and
the casual connection between such negligence and the
injuries of P taken as a whole of the suit constitutes
a. factum probans
b. factum probandum
c. and b is correct
18. Unless the witness is incapacitated to speak, the

answer of the witness shall be given
a. by affidavit
b. in open court
c. orally
d. in writing
19. In court proceedings, examination of witness means:

a. to be examined by a physician in court
b. to interrogate a person in the witness stand
c. to determine his capacity to speak
d. to be given a test before hearing

R.C., J.D./2016
20. A misleading question is one which:

a. is wrong in grammar
b. assumes a fact not yet testified to by the witness
c. is impertinent to the issue
d. suggest the answer which the examining party desires
21. Extrajudicial confession made by the accused is

a. sufficient of corroborated by corpus delicti
b. not sufficient ground for conviction
c. sufficient ground for conviction
d. all of the above
22. For the purpose of their presentation in evidence,

documents are either
a. public or private
b. affidavit or sworn statement
c. handwritten or type written
d. all of the above
23. Unless a different period is allowed by the court, an

offer of evidence in writing shall be objected within
a. evidence in writing
b. evidence offered orally
c. as soon as the grounds become apparent
d. objections must be specified
24. It refers to worthiness of belief, that quality which

renders a witness worthy of belief
a. credibility
b. admissibility
c. competency
d. relevancy
25. It exists when the drug is under the domination and

control of the accused or when he has the right to exercise
domination and control over the place where it is found.
a. actual possession
b. constructive possession
c. illegal possession
d. all of the above
26. Under sec 7 of the human security act, the provision

of R A 4200 notwithstanding, a ___________ may listen to,
intercept and record, any communication, message,
conversation, discussion, or written or spoken words
between the following members of judicially declared
outlawed terrorist organization, or group of person or of
any person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism.
a. police officers
b. law enforcements officials
c. and b is correct
R.C., J.D./2016
27. Waiver of the rules of evidence, under the civil code

of the Philippines (art 6) rights may be waived, unless the
waiver is contrary to
a. law and public order
b. public policy and morals
c. good customs or prejudicial to a third person with a
right recognized by law
d. all of the above
28. This term connotes an absence of a direct connection

between the evidence and the matter in dispute: it is a
parallel or diverging line merely additional or auxiliary
a. corroborative
b. negative
c. cumulative
d. collateral
29. A party may make judicial admission in:

a. the pleadings
b. during the trial, either by verbal or written
manifestation or stipulations
c. in other stages of the judicial proceedings
d. all of the above
30. A mistake that is clear to the mind or plain to see,

it is mistake that is readily perceived by the senses or
the mind that would relieve a party from the effects of his
admission.
a. culpable
b. palpable
c. believable
d. inevitable
31. Offer of compromise is not admissible EXCEPT

a. in civil cases
b. in criminal cases, except those involving quasi-
offenses or those allowed by law to be compromised
c. a plea of guilty later withdrawn, or an unaccepted
offer of plea of guilty to a lesser offense
d. an offer to pay or the payment of medical, hospital or
other expenses occasioned by an injury
32. Is an act, declaration or omission of a party to a

relevant fact, it is a voluntary acknowledgement made by a
party of the existence of the truth of certain facts which
are inconsistent with his claim in an action.
a. confession
b. admission
c. declaration against interests
d. all of the above
R.C., J.D./2016
33. Mr. A in his Counter-affidavit declares that he

performed an act like shooting the victim but denies that
he did so with criminal intent because the shooting was
done in self-defense, the declaration of Mr. A is
a. confession
b. admission
c. declaration against interest
d. all of the above
34. This admission occurs when a person manifest his

assent to the statement of other person.
a. adoptive admission
b. extra-judicial confession
c. judicial confession
d. offer of compromise
35.-37
The mutilated cadaver of a woman was discovered near the

creek, due to witnesses attesting that he saw the last person
seen with the woman when she still alive was Carlito, Carlito
was arrested within 5 hours after the discovery of the
cadaver and brought to the police station. The crime
laboratory determined that the woman had been raped. While in
police custody, Carlito broke down in the presence of his
assisting counsel and orally confessed to the investigator
that he had raped and killed the woman, detailing the acts he
had performed up to his dumping the body near the creek. He
was genuinely remorseful. During the trial, the state
presented the investigator to testify on the oral confession
of Carlito.
35. Oral confession of Carlito is?

a. admissible evidence of guilt
b. inadmissible evidence of guilt
c. sufficient to support conviction
d. insufficient to support conviction
36. The oral confession of Carlito while in the police

custody is
a. judicial admission
b. judicial confession
c. extra-judicial confession
d. all of the above
37. The witness attested that he saw the last person seen
with the woman when she was still alive was Carlito is?
a. direct evidence
b. prima facie evidence
c. demonstrative evidence
d. circumstantial evidence
R.C., J.D./2016
38. The silence of a person under investigation for the

commission of crime is
a. admission by silence
b. not an admission by silence because of the
constitutional mandates
c. extra-judicial confession
d. confession
39. It literally means that things done between strangers

ought not to injure those who are not parties to them.
a. falsus in umo, falsus in omnibus
b. res inter alios acta nocre non debet
c. acyus me invito factus non est meus actus
d. actus non facit reum nesi mens sit rea
40. Person who are partakers or have an interest in any

action or thing, or any relation to another
a. privies
b. conspirator
c. co-partner
d. agent
41. Evidence that tends to show what a person has done a

similar act at another time is probative of the contention
that he has done a similar act at another time.
a. propensity evidence
b. demonstrative evidence
c. character evidence
d. demeanor evidence
42. The act, declaration or omission of a party as to

relevant fact may be given in evidence against the offeror.
a. admission of a party
b. admission by the third party
c. confession
d. offer of compromise
43. An act or declaration made in the presence of and

within the hearing or observation of a party who does or
says nothing when the act or declaration in such as
naturally to call for action or comment if not true, and
when the act proper and possible for him to do so, may be
given in evidence against him.
a. admission by silent
b. admission by privies
c. admission by conspirator
d. admission by co partner or agent
44. An offer in writing to pay a particular sum of money

or to deliver a written instrument or specific personal
property is, if rejected without valid cause, equivalent to
R.C., J.D./2016
the actual production and tender of the money, instrument

or property.
a. unaccepted offer
b. offer of compromise in civil cases
c. offer of compromise in criminal cases
d. offer to pay the payment of medical, hospital or other
expenses on occasioned by injury
45. Physical evidence ranks high in our hierarchy of

trustworthy evidence but where the physical evidence runs
counter to the testimonial what should prevail?
a. physical evidence
b. testimonial evidence
c. a and b is correct
46. Under which categories of object evidence thus a

calibre .45 pistol used in killing the victim falls?
a. unique objects
b. object just made unique
c. non-unique evidence
47. Its purpose in establishing it is to guaranty that the

integrity of the physical evidence and to prevent the
introduction of evidence which is not authentic.
a. chain of custody
b. custodial investigation
c. marking of evidence
d. all of the above
48. These are forms of communication refer to telephone

conversations, text messages, chatroom sessions, streaming
audio, and other form of electronic communication, the
evidence of which is not recorded or retained.
a. epheral electronic communications
b. recordings
c. motion pictures
d. electronic evidence
49. It refers to evidence other than the original

instrument or documents itself.
a. secondary evidence
b. best evidence
c. original evidence
d. primary evidence
50. When carbon sheets are inserted between two or more

sheets of paper with the writing and the signature on the
first sheet being reproduced in the sheets beneath by the
same stroke of the pen or writing medium, all of the sheets
are deemed?
R.C., J.D./2016
a. original documents
b. secondary evidence
c. carbon copy
d. mimeograph
51. Original documents is one which:

a. the contents are the subject of inquiry
b. when the subject is in two or more copies are executed
at or about the same time, with identical contents
c. when an entry is repeated in the regular course of
business, one being copied from another at or near the
time of the transaction.
d. all of the above
52. Among various evidentiary rules, it is rule that has

direct application to the law on contracts
a. extrinsic evidence rule
b. evidence aluinde rule
c. parol evidence rule
d. all of the above
53. Under the evidence of written agreements a party may

present evidence to modify, explain, or add to the terms of
written agreement if he did not puts in issue in his
pleadings:
a. an intrinsic ambiguity, mistake or imperfection in the
written agreement
b. the failure of the written agreement to express the
true intent and agreement of the parties
c. the validity of the written agreement or the existence
of the other terms agreed to by the parties of their
successor in interest after the execution of the
written agreement
54. These types of demonstrative evidence are presented to

indicate the relative locations or positions of objects
persons.
a. diagrams
b. model sketch
c. maps
d. all of the above
55. Also refer as skiagraphs or radiographs

a. motion picture
b. recordings
c. epheral electronic communication
d. x-ray pictures
56. This embraces any notable fact in the life of a member

of the family and includes relationship family genealogy

R.C., J.D./2016
birth, marriage, death, the dates when and the places where
these facts occurred and the names of relatives.
a. culture
b. heritage
c. inheritance
d. pedigree
57. That degree of proof which produces conviction in an

unprejudiced mind.
a. clear and convincing evidence
b. preponderance of evidence
c. substantial evidence
d. proof beyond reasonable doubt
58. Demonstrative evidence is applicable to the

presentation of
a. best evidence
b. document
c. testimonial
d. object
59. To which of the following types of evidence may the

best evidence apply
a. testimonial
b. hearsay
c. object
d. documentary
60. Which of the following types of evidence cannot stand

on its own and must always be accompanied by the
testimonial evidence?
a. hearsay
b. documentary
c. secondary
d. object
61. Which of the following need not proved in a case?

a. judicial notice
b. judicial admission
c. presumption of law
d. all of the above
62. Demonstrative matters, government matters and

notoriety of facts are categories of subject of?
a. judicial admission
b. judicial cognizance
c. judicial mandatory
d. judicial discretion
63. When the terms of agreement had been reduced to

writing, it is considered as containing all the terms
agreed upon and there can be, as between the parties, no
R.C., J.D./2016
evidence of such terms other that the contents of the

agreement.
a. extrinsic evidence
b. evidence aluinde
c. parol evidence
d. all of the above
64. Which if the following requisites must be present in

order that the admission of a conspirator may be given in
evidence against his co-conspirator?
a. that there is conspiracy be first proved by the other
evidence
b. that there is two or more person coming to an
agreement regarding the commission of a crime
c. that admission relates to the common object
d. that the admission was made while engaged in the
conspiracy
65. Proof beyond reasonable doubt as a basis for

conviction in criminal cases requires
a. absolute certainty
b. clear and convincing evidence
c. corpus delicti
d. moral certainty of guilt
66. Extra judicial admission and confession made by the

person orally and in the absence of his counsel during
custodial investigation is?
a. admissible
b. inadmissible
c. declaration against interest
d. all of the above
67. It is the examination in chief of a witness by the

party presenting hi m on the facts relevant to the issue.
a. cross examination
b. direct examination
c. custodial examination
d. custodial interrogation
68. It is where one assumes as true a fact not yet

testified to by the witness, or contrary to that which he
has previously started?
a. leading question
b. misleading question
c. direct examination
d. cross examination
69. When an instrument in partly printed forms, which of

them shall prevail if they are inconsistent with each
other?
a. the latter
R.C., J.D./2016
b. the former
c. either of them
d. none of them
70. Evidence which is standing alone unexplained or un

contradicted, is sufficient to maintain its proposition
affirmed?
a. expert
b. prima facie
c. best evidence
d. conclusive
71. How do you classify photographs, maps , x rays,

charts and the like evidence
a. object evidence
b. demonstrative evidence
c. physical evidence
d. all of the above
72. A is an accused of killing B. AA who is the father of

A tried to settle the case with the family of B for his son
A. that the act of AA is settling the case is?
a. an offer of compromise and an implied admission of
guilt
b. an offer of compromise and not an implied admission of
guilt
c. not an offer of compromise and not an implied
admission of guilt
d. not an offer of compromise and an implied admission of
guilt
73. Ms. Jinaleen is a virgin, sexy and beautiful woman who

is 18 years old and Mr. Milgin who is 59 years old. Both of
them boarded a luxury cruise on the way to Singapore to
celebrate their monthsarry when the cruise ship
encountered a heavy downpour of water with strong winds
that eventually capsized the vessel. Now, both of them
could no longer be found. Who among the two shall be deemed
to have survived the other?
a. Ms. Jinaleen
b. Mr. Milgin
c. Ms. Jeanalyn dulay the chef
d. Mr. Melgean Hernandez the Captain
74. One is not purpose of cross examination

a. to discredit the witness
b. to ask him misleading question
c. to discredit the testimony of the witness
d. to elicit admission from witness
75. Documents written in unofficial language shall not be

admitted as evidence except:
R.C., J.D./2016
a. when accompanied with a translation in the dialect

understood by the witness
b. when translated in Filipino or English by counsels
before the trial
c. when translated in the dialect understood by the
accused
d. to elicit admission from witness
76. Which of the following is the exemption to the hearsay

rule made under the consciousness of an impending death?
a. parol evidence
b. ante mortem statement
c. suicide note
d. dead man statue
77. Documentary and object evidence shall be offer

a. after the witness is called to testify
b. after the presentation of a party‟s testimonial
evidence
c. immediately after the offer was mute
d. all of the above
78. Where the evidence is relevant and competent for two

or more purposes
a. conditional admissibility
b. multiple admissibility
c. curative admissibility
d. all of the above
79. The presiding judge for homicide orders the defense to

file affidavits of its witnesses which will serve as direct
examination, is the order of the judge correct?
a. yes because the purpose of the judge is to expedite
trial without delay
b. no because testifying orally of a witness in court
will enable the judge to observe the manner and
department of the witness whether he is an elusive or
rehearsed witness
c. maybe we don‟t know what the judge think
80. In case of doubt, that is, the inculpatory facts and

circumstances are capable of two or more interpretation,
one which is inconsistent with guilt and the other is
inconsistent with the innocence of the accused, then the
evidence is
a. fulfils the test of moral certainty and therefore
warrants conviction
b. does not fulfils the test of moral certainty hence,
not enough to produce conviction
c. depend on the consistencies even there are two
impression
R.C., J.D./2016
81. The probative effect of evidence

a. burden of proof
b. proof
c. evidence
d. burden of evidence
82. Based on the express representation of statements or

upon positive acts or conducts. A party cannot, in the
course of litigation in pais, be permitted to repudiate his
representation or occupy inconsistent position.
a. estoppel by deed
b. estoppel by pais
c. estoppel against tenant
d. estoppel by record of judgement
83. The order of examination of individual witness

a. cross examination, direct examination, re-cross
examination, re-direct examination
b. direct examination, cross examination, re-direct
examination, re-cross examination
c. direct examination, cross examination, re-cross
examination, re-direct examination
d. cross examination, direct examination, re-direct
examination, re-cross examination
84. Evidence that consist of writing or any material

containing letters, words, numbers, figures, symbols, or
other modes of written expression offered for the evidence
as part of their contents.
a. object evidence
b. document evidence
c. testimonial evidence
d. all of the above
85. Which of the following need not be proved in case in

court except
a. presumption of law
b. question of fact
c. judicial admission
d. judicial notice
86. Which of the following is a concept of the multiple

admissibility of evidence?
a. evidence proffered is admissible for one purpose only
b. evidence is inadmissible for one purpose but
admissible for another or vice versa
c. evidence is admissible in one party only
d. all of the above

R.C., J.D./2016
87. In ______ cases, an offer of compromise is not an

admission of liability and is not admissible against the
offeror.
a. administrative
b. civil
c. criminal
d. labor
88. The court shall consider no evidence which is has not

yet formally offered, as regards to the testimony of the
witness the offer of evidence should be made
_______________________
a. at the time the witness called to testify
b. after the presentation of testimonial evidence
c. as soon as ground become reasonably apparent
d. immediately after the offer is made
89. Evidence which denies the existence of the fact in

issue
a. rebutting
b. negative
c. disputable
d. conclusive
90. Leading questions are allowed in except

a. cross examination
b. direct examination
c. preliminary matters
d. of an willing or hostile witness
91. It is the ultimate facts or proposition to be

established.
a. factum probans
b. factum probandum
c. positive evidence
d. negative evidence
92. Facts existing during the commission of the crime

(i.e. opportunity, presence of the accused at the scene of
the crime, etc)
a. subsequent
b. concominant
c. antecedent
d. collateral matters
93. Based on procedural rules and may be overcome by

evidence to the contrary
a. conclusive presumption
b. disputable presumption
c. processual presumption
d. all of the above

R.C., J.D./2016
94. Secondary evidence may prove it contents except

a. recital of its contents in some authentic document
b. by the handwriting of the person
c. by the testimony of the witness
d. by a copy
95. X witness a man being slashed at the throat, because

of the trauma caused by the accidental witnessing of the
crime. He lost his sanity today. Is X qualified to testify
as a witness.
a. no because he became insane
b. yes provided that at the time that X would testify, he
must have regained hi normal condition
c. no because he cannot testify because of the trauma of
witnessing the slashing of the throat
d. yes because at the time of the witnessing of the crime
he was sane and his insanity is thereafter immaterial
96. A stole chicken under the house of B. after realizing

that what he did was a wrong. A returned the chicken to the
place under the house of B. Is A still criminally liable
even if he desisted?
a. A is no longer criminally liable because he desisted
b. A still criminally liable even if he desisted because
the desistance should be made before acts of execution
performed
c. A still criminally liable because the act of the theft
was already committed and the return of the chicken
does not relieve him from criminal liability
d. B and C
97. An act which is to be understood as unjust or improper

conduct capable of exciting, inciting or irritating anyone.
a. provocation
b. insinuation
c. aggression
d. irresistible force
98. Which of the following is place of worship

a. chapel
b. mosque
c. church
d. all of the above
99. Circumstance which pertains to a moral order, which

adds disgrace and obloquy to the natural effects of the
crime.
a. cruelty
b. alevosia
c. ignominy
d. treachery

R.C., J.D./2016
100. Evidence directed to prove a fact in issue as

determined by the rules of substantive law and pleading-
A. Relevant Evidence
B. Material Evidence
C. Direct Evidence
D. Circumstantial Evidence
***END***

R.C., J.D./2016
PRACTICE COURT
1.It is rule of conduct or right.It is a rule of action prescribed by the state for the governing of human
action.
a.Law c.Practice of law
b.Practice d.Trial
2.It is the application of an art or science.It is the actual performance or application of aquired
knowledge.It shows the lawyer how to get there.
a.Trial c.Practice
b.Practice of law d.Theory
3.It is the analysis of a set of facts in their ideal relation to one another.It tells or guides the lawyer
where to go.
a.Theory c.Practice
b.Law d.Practice of law
4.It is the doing or performing services in a court of jurtice,It includes legals advice,preparation of legal
instruments and contracts by which legal rights are secured,although such matters may not be pending
in court.
a.Trial c.Practice
b.Theory d.Practice of law
5.It means the proceedings in open court or while court is in session after the pleadings have been filed
and the case is otherwise ready for hearing up to and including the rendition of judgement.
a.Trial c.Practice
b.Pre-trial d.Law
6.Who may practice law in philippine Courts?Any person who?:

a.Has passed the Bar Exams and of good moral character
b.He graduated from College of Law of U.P with a degree of Bachelor of Laws only but of good
moral character
c.He graduated with a degree of Bachelor of Laws only but of good moral character
7.Requisites for a valid exercises of criminal jurisdiction are the following:

a.Jurisdiction over the person,the territory and the subject matter
b.Jurisdiction over the person and the subject matter only
c.Jurisdiction over the person and territory
8.Jurisdiction is determined by the law at:

a.The time of the commission of the offense
b.At the time when the action was filed
c.All of the above
9.The private prosecutor duly appointed and approved by the chief prosecutor and the presiding judge
of the court will enter his appearance after greeting the judge:
a.Appearing as private prosecutor in collaboration with the public prosecutor,ready your honor
b.Private prosecutor representing the offended party,ready your honor
c.Respectfully appearing as private prosecutor under the direct control and supervision of the
public prosecutor,then state his name his contact number,ready your honor.
d.Appearing as private prosecutor under the direct control and supervision of the public
prosecutor.
10.Public prosecutor wil enter his appearance:

a.In collaboration with the counsel of choice of accused ready.
b.For the accused, your honor,ready
c.For the witness,your honor,ready
d.For the people,your honor,ready
11.As the PAO lawyer he will enter his appearance:

R.C., J.D./2016
a.In collaboration with the counsel of choice of accused ready

b.For the accused,your honor,ready
c.For the witness,your honor,ready
d.For the people,your honor,ready
12.As to counsel of choice of accuse after greeting the judge.

a.For the accused,your honor,ready
b.Respectfully appearing as counsel of the accused,my name is Atty.X,my office address is XXX
and my contact no.is XXXXXXXX,ready your honor.
c.Respectfully appearing as counsel of the defendants,my name is Atty.X,my office address is XXX
and my contact no.is XXXXXXXX,ready your honor
13.A requirement,which is considered as one of the safeguards,set down by law to secure and protect
the right of the defendant.It is made before the court where the complaint or informatindn has been
filed or assigned for trial.
a.Trial c.Prosecution
b.Arraignment d.Judgement
14.Arraignment in absentia is not allowed because:

a.It is a must that the accused is present so that will informed of the nature and cause of the
accusation against him.
b.He must personally enter his plea
c.He must personally enter his information
15.The requirement of the rules on arraignment is mandatory and failure to observe them is ground
for....
a.Dismissal of the case
b.Reversal of the judgement and the remanding of the case for new trial.
c.Appeal of the case.
16.If the accused refuses to plead,or make a conditional plea of guilty,what shall the court do?
a.The arraignment must be postponed
b.A pleas of not guilty for the record shall be entered for him.
c.A pleas of guilty for the record shall be entered for him
17.An accused may enter a conditional plea of guilty,in the sense that he admits his guilt on condition
that a certain penalty shall be imposed upon him.Such kind of plea must be deemed a plea of...
a.Guilty c.waiver of arraignment
b.Not guilty d.All of them
18.In localities where no such members of the bar are available during the arraignment,who shall be
appointed by the court as counsel de Oficio of the accused?
a.The local Chief of police b.The Vice Mayor of the locality
c.Any person,resident of the province and good repute for probity and ability to defend the accused.
19.How much time for counsel de Oficio to prepare for arraignment?

a.Two hours before proceeding the arraignment.
b.Reasonable time to consult with the accused as to his plea before proceeding with the
arraignment
c.Seventy two(72) hours before proceeding with the arraignment.
20.When arraignment be held?

a.Within 30 days from the date of our court acquires jurisdiction over the person of the
accused,unless a shorter period is provided by special law or Supreme Court Circular.
b.Not later than 30 days from the date court acquires jurisdiction over the person of the
accused,unless a shorter period is provided by special law or Supreme Court Circular.
c.30 days after the date the court acquires jurisdiction over the person of the accused.unless
provided by special law or Supreme Court Circular.
21.The requirements of a trial absentia?

R.C., J.D./2016
a.The accused has been arraigned,he has been notified of the scheduled trial and his failure to
appear is unjistified.
b.Even without arraignment provided has been notified of the schedule trial and he failed to
attend the scheduled trial without valid reason.
c.The accused has not be arraigned and not be notified of the scheduled trial.
22.Of the following,one is the duty of the court when the accused pleads guilty to a capital offense.
a.The court shall conduct a searching inquiry into the voluntaries and full comprehension of the
consequences of his plea and require the prosecution to prove his guilt and the precise degree of
culpability.
b.To order the investigating officer to conduct air tight investigation of the case.
c.To redirect the fiscal to personally investigate the case.
d.To sentence the accused in accordance with his plea of guilty to the capital offense charged
with note address to the Supreme Court that the case should be reviewed.
23.The right to counsel is a personal one and therefore may be waived.It is waived when the
defendant. . .
a.Voluntarily submits himself to the jurisdiction of the court and proceeds with his defense.
b.Refuses to voluntarily submits himself to the jurisdiction of the court.
c.Refuses to hire his counsel.
24.After plea of not guilty,the accused is entitled to such number of days to prepare for trial unless the
court for good cause grants him further time.
a.Fifteen days c.One day
b.Four days d.Three days
25.If the accused appears to be suffering from an unsound mental condition that effectively render him
unable to fully understand the charge against him and to plead intelligently..
a.The arraignment shall be suspended
b.The criminal charged shall be dismissed
c.The trial shall be suspended
d.All of them
26.It is a plea of guilty by the accused without any condition or reservation.

a.Unconditioal plea c.Improvident plea
cReverted plea d. Acquittal
27.In case of acquittal,the judgement shall make a finding on the civil liability of the accused in favor of
the offended party,except when...
a.There is a clear showing that the act from which the civil liability might arise did not exist.
b.There is prejudicial question
c.The offender is pardon by the offended party
d.The guilty party dies before judgement
28.It is said to exist when the complaint or information sets out an offense but the evidence establishes
another crime.
a.Complex crimes c.Continuing offense
b.Variance d.false accusation
29.In case of variance between information and proof,the accused can only be convicted of the....
a.Graver offense which is included in the other
b.Lesser crime which is included in the other
c.Mitigating circumstances
d.Aggravating circumstances
30.Where the offense charged does not include the offense proved,It matters not how conclusive and
convincing the evidence or guilt may be,an accused person cannot be convicted by the court of any
offense unless. . .. .
a.The accused is charged of a complex crimes
b.It is charged in the information on which he is tried or necessarily included therein

R.C., J.D./2016
c.The accused is recidivist
31.X charged with homicide.He pleads but tells the judge,"Hindi ko sisanadya"The plea is not valid
because it is.:
a.Conditional plea c.Reverted plea
b.Negative indirect plea d.All of the above
32.The different kinds of plea are:

a.Conditional plea and unconditional plea
b.Negative indirect plea and improvident plea
c.Reverted plea
d.All of the above
33.X was charged with murder.After the prosecution presented its evidence,X filed a motion to dismiss
on the ground the prosecution failed to prove that the crime was committed within the territorial
jurisdiction of the court.The prosecution appealed,hence,X invoked double jeopardy.Decide
a.This is a dismissal on the merits of the case
b.There is no double jeopardy because the dismissal was upon his own motion or with his
express consent.
c.Accused waived his right to present his evidence
d.Accused can still present his evidence
34.X installed a jumper cable,which allowed him to reduce his electricity bill.He was prosecuted and
convicted for violating a municipal ordinance punishing unauthorized installation of such device.Can he
still be prosecuted for theft?
a.Yes,because it is an offense under the RPC

b.No,because when an act is punished by a law and an ordinance conviction or acquittal under
either will be a bar to prosecution of the same act on the ground of double jeopardy(second type of
double jeopardy);
c.All of the above
35.The following are constitutional rights of the accused during the trial of his case except:
a.To presumed innocent until the contrary is proved;
b.To be informed of the nature and cause of the accusation against him,to be present and defend
in person and by counsel at every stage of the proceedings,from arraignment to promulgation of the
judgement;
c.Right to appeal
36.When the court is satisfied,upon proof of oath that a material witness will not testify when
required,it may upon the motion of either party order the witness to .. .
a.To be discharged
b.To be implicated in the complaint or information
c.To post bail in such sum as may be deemed proper
37.The general rule is that a case shall not be provissionally dismissed.However.one of the following is
an exeption to the general rule,and that is. . .
a.When the accused dies before the final judgement of the case
b.When the accussed is expressly pardoned by the offended party
c.With the express consent of the accused and with notice to the offended party
38.The prosecution is required to present evidence and the sworn statement of each proposed state
witness at the hearing in support of the discharge is admissible in evidence,Thus the motion to discharge
the accused to be state witness must be filed.
a.Before the prosecution rests its case
b.Before the presentation of evidence
c.For the first time on appeal
d.Before arraignment

R.C., J.D./2016
39. The legal effect if there is a provisional dismissal of offenses punishable by imprisonment not
exceeding 6 years or a fine of any amount,or both.
a.Without the consent of the offender,the provisional dismissal of such offense will be void ab
initio.
b.Such dismissal shall be valid,either with or without the express consent of the accused.
c.Such dismissal shall become permanent 1 year after issuance of the order without the case
having been revived.
40.The legal effect if and when all agreements,made or entered during the pre-trial conference,which
are reduced in writing,are not signed by the accused and his counsel.
a.It is considered as admission of guilt
b.Cannot be used against the accused
c.The court shall order for another pre-trial conference of the case
41.The authority of the court when satisfied,upon proof or oath,that a material witness will not testify
when required,upon motion of either party.
a.May proceed to the trial of the case
b.May order the witness to post bail In such sum as may be deemed proper
c.Shall commit him to prison until he complies or is legally discharged after his testimony has
been taken.
42.The authority of the court upon refusal of the material witness to post bond.
a.May proceed to the trial of the case
b.May order the material witness be put in jail for obstruction of justice
c.Shall commit him to prison until he complies or is legally discharged after his testimoy has
been taken.
43.The period of prescription with respect to criminal offenses commences to run from the day on
which the crime is discovered by the:
a.Offended parties
b.The authorities or their agents
c.All of the above
44.What is the remedy of the accused if the court denies his motion to quash?
a.He should plead and proceed to trial
b.He should appeal
c.He should plead
45.What is the rule on double jeopardy?It means that when a person is regularly charged with a crime
and the case is terminated either by acquittal or conviction or in any other manner without the consent
of the accused,the latter:
a.Cannot be charged with the same offense or identical offense
b.Can still be charged with the same offense proven but not charged during the trial.
c.Cannot be charged with the same offense proven but not charged during the trial.
46.The following are the requisites for the first jeopardy to attach:
a.Valid indictment(complaint or information)filed in a court of competent jurisdiction
b.Valid arraignment and valid plea
c.The accused was acquitted,convicted or the case was dismissed without his express consent
d.All of the above
47.As a rule there is no double jeopardy if the dismissal of the case was with the express consent of the
accused except:
a.When there is insufficiency of evidence to support the charge against him and when there is
delay in violation of the accuser's right to speedy trial.
b.Due to insufficiency of the information
c.Due to lack of information
48.Pre-trial shall be mandatory in all criminal cases cognizable by the:

a.Sandiganbayan

R.C., J.D./2016
b.MTC,MTCC and MCTC and RTC

c.Court of Appeal
d.A and B only
49.That the agreement on the plea of the accused should be a lesser offense is limited only to the:
a.Offense necessarily included in the offense charged
b.Even to an offense not included or necessarily included in the offense charged
c.The case will be dismissed
50.The court may punish any such counsel,attorney or prosecutor as follows:

a.A counsel privately retained a fine not exceeding 20.000.00 and Counsel de Officio,public
prosecutor,PAO,a fine not exceeding 5.000.00
b.The prosecution is declared in default
c.The case will be dismissed
51.Supreme Court Circular No.38-39 promulgate for the purpose of implementing the provisions of:
a.R.A 8493 Known ar the Speedy Trial Act of 1998
b.SC AM 05-8-26
c.Revised Penal Code
d.Rules of Court
52.When bail shall be automatically cancelled:

a.Upon acquittal of the accused and dismissal of the case
b.Upon execution of the judge of conviction
c.Upon death of the accused
d.A and B only
53.The system of criminal procedure:

a.Inquisitorial c.Mixed
b.Accusatorial d.All of the above
54.The rules of criminal procedure shall be liberally construed in favor of the accused and strictly agains
the?
a.Offended party c. Accused
b.Complainant d. State
55. The requisites for a valid exercise of criminal jurisdiction:

a. Jurisdiction over the person
b.Jurisdiction over the territory
c. Jurisdiction over the subject matter
d.All of the above
56.Municipal Trial Courts(Municipal Trial Court:Municipal Trial Court in Cities;Municipal Circuit Trial
Court,Metropolitan Trial Court)exercise exclusive jurisdiction except:
a.Over all violations of city or municipal ordinances committed within their respective territorial
jurisdiction;
b.Over all offenses punishable with imprisonment not exceeding 6 years regardless of the fine
and other accessory penalties;
c.Where the only penalty provided by law is fine not exceeding P4,000.00;
d.Laws on written defamation or libel
57.Regional Trial Courts(RTCs)exercise exclusive jurisdiction,except,:

a.In all criminal cases not within the exclusive jurisdiction of any court tribunal or body except
those falling under the exclusive jurisdiction of Sandiganbayan;
b.All criminal cases where penalty is higher than 6 yrs,imprisonment.

c.All cases involving failure to register or failure to vote which are election offense
d.None of the Above

R.C., J.D./2016
58.As general rule,the offended party cannot go directly to court to file a criminal action;except:
a.Where the accused is under detention;
b.Where a person has been deprived of personal liberty calling for habeas corpus proceedings;
c.Where actions are coupled with provisional remedies and where the action may be barred by
the statute of limitations;
d.All of them
59.The civil action deemed instituted with the criminal action:

a.Only civil actions for the recovery of civil liability arising from the offense under Art.100 of RPC
b.Independent civil actions under Art 32,33,34 and Art 2176 of the Civil Code
c.All of the above
d.None of the above
60.The general rule is that the civil action is not necessarily extinguished by the acquittal of the
accused.Even if the accused is acquitted,the court can still award civil liability when:
a.The acquittal is based on reasonable doubt;
b.There is a declaration in the decision that the liability of the accused is only civil;
c.When the civil liability is not based on the act of which the accused is acquitted;
d.All of the above
61.The independent civil actions are those provide in Articles 32,33,34 and 2176 of the Civil Code.They
may proceed independently of the criminal action and they shall require.....of evidence.
a.Independently c.Substantial evidence
b.Preponderance d.All of the above
62.The civil action is not deemed instituted when:

a.The offended party has waived the civil action;
b.The offended party has instituted the civil action prior to the institution of the criminal action;
c.The offended party has reserved the right to institute the civil action seperately(Note:The
reservation should be made for the prosecution presents its evidence);
d.All of the above
63.Civil liability includes or constitutes:

a.Restitution
b.Reparation
c.Indemnity for consequential damages
d.All of the above
64.When is the seperate dependent civil action suspended?

a.After the criminal action has been commenced,the dependent civil action arising therefrom
cannot be instituted until final judgement has been entered in the criminal action;
b.When the criminal action is filed after the civil action was instituted,the civil action shall be
suspended in whatever stage it may be found until the final judgemdnt is rendered in the criminal action;
c.A and B
d.None of the above
(Note:The only exception to A and B above is when there exists a prejudicial question arising
in a previously filed civil action which should be resolved first)
65.The rule allowing the parents,grandparents,and guardians to file a complaint on behalf of the minor-
victim applies only to private crimes,except:
a.Seduction c.Acts of lesciviousness
b.Abduction d.Adultery and concubinage
66.A complaint of adultery or concubinage may be filed only by:

a.Investigating police c.offended spouse
b.Prosecutor d.All of the above
67.X was charged with estafa,but the recital of facts in the information actually alleges theft.Can X be
convicted of theft?No,because:
a.The recital of facts and not the designation of the offense is controlling;

R.C., J.D./2016
b.The two crimes have elemens different from each other;

c.To convict X for theft would violate his right to be informed of the nature and cause of the
accusation against him;
d.All of the above
68.In which offenses is the particular place where the offense was committed indispensable?
a.Violation of domicile
b.Trespass to dwelling
c.Violation of election law(prohibiting the carrying of a deadly weapon within a 30-meter radius
of polling places);
d.All of the above
69.For which offenses is the time of the commission of the offense essential?
a.Infanticide c.Abortion
b.Violation of Sunday Law d.All of the above
70.In what cases is the name of the offended party indispensable?

a.Slander
b.Libel
c.Roberry with violence and intimidation
d.All of the above
71.A complaint or information must be charged only one offense except when the law provide only one
punishment for various offenses:
a.Compound crimes c.Special complex crime
b.Complex crimes d.All of the above
72.What is the effect of the failure of the accused to be object to duplicious charges in the information?
a.The right to object is deemed waived
b.He may be convicted of as many offense as charged;
c.All of the above
d.None of the above
73.X fired his gun but the bullet two persons What crime he commit?
a.Complex crime c.Special complex crime
b.Compound crime d.All of the above.
74.X was charged with both robbery and estafa in one information.Can he be convicted of both
offfenses?
a.If the objects to the duplicitous information,he cannot be convicted under the information;
b.If he fails to object before arraignment,he can be convicted of both offenses;
c.All of the above
d.None of the above
75.X was speeding on a highway when his car collided with another car.The other car was totally
wrecked and the driver thereof suffered serious physical injuries.How many information should be filed
and for what offense or offenses will he be charged?
a.One information for serious physical injuries and damage to property through rekless
imprudence as there is only one negligent act resulting to two offenses;
b.Two seperate cases of physical injuries and another damage to property;
c.One seperate cases of physical injuries and another for damage to property;
d.All of the above
76.Before plea,a complaint or information can be amended as to form or substance without leave of
court,except:
a.If amendment will downgrade the offense;
b.If information drops an accused from the said information
c.All of the above
d.None of the Above

R.C., J.D./2016
77.The information against an accused is amended by adding additional allegation of habitual

delinquency and recidivism.This is:
a.Formal amendment c.All of the above
b.Substantial amendment d.None of the above
78.The amendment of an information from frustrated homicide to consumated homicide is

a.Formal amendment and accused need not be re-arraigned;
b.Substantial amendment of the accused to be re-arraigned;
c.None of the above
d.A and B
79.The additional allegation of conspiracy is what kind of amendment?

a.Substantial c.All of the above
b.formal d.None of the above
80.The change in the nature of the offense due to supervening event is......amendment:
a.Substantial c.All of the above
b.Formal d.None of the above
81.Preliminary investigation is an inquiry or proceeding to determine whether:

a.There is sufficient ground to engender a well grounded belief that a crime has been
committed and the respondent is probably guilty thereof;
b.The respondent should be held for trial;
c.A and B
d.None of the above
82.Before a complaint or information is filed,preliminary investigation is required for all offenses

punishable by imprisonment of at least 4yrs,2mos,and 1day,regardless of the fine,except:
a.If the accused was arrested by virtue of lawful arrest without warrant;
b.The information may be filed after the conduct of an inquest;
c.All of the above
d.A and B
(Note:That in this case,the accused can ask for preliminary investigation but he should waive his rights
under Art.125 of the RPC.(Arbitrary detention)
83.The purpose of preliminary investigation:

a.To determine whether a crime has been committed and the respondent is probably guilty
thereof,and should be held for trial;
b.To protect the innocent against hasty,malicious and oppresive prosecution;to protect him
from public accusation of a crime;from the trouble,expenses and anxiety of a public trial;
c.To protect the state from having conduct useless and expensive trials;
d.A,B and C
84.Preliminary investigation is:

a.Statutory right and not a constitutional right;
b.Not an element of due process;
c.It may be waived
d.All of the above
85.Can the accused demand the right to confront and cross-examine the witnesses during the
preliminary investigation?No,because:
a.It is not part of the trial;
b.It is summary and inquisitorial in nature;
c.Its function is to determine the existence of probable cause and not the guilt of the accused;
daAll of the above
86The following may conduct preliminary investigation,except

a.Ombudsman with respect to Sadiganbayan offenses
b.National and Sate prosecutor;
c.Comelec with respect to election cases

R.C., J.D./2016
d.RTC Judge
87.How does the investigating prosecutor resolve the findings after preliminary investigation:
a.If he finds probable cause to hold the respondent for trial,he shall prepare the information
against him:
b.If the investigating prosecutor finds no probable cause he shall recommend the dismissal of
the complaint;
c.A and B
d.None of the above
(Note:No complaint or information may be filed or dismissed by an investigating prosecutor without the
prior approval of the provincial or city prosecutor)
89.Preliminary investigation is an inquiry or proceeding to determine whether:

a.There is sufficient ground to engender a well-grounded belief that a crime has been
committed and the respondent is probably guilty theof;
b.The respondent should be held for trial
c.A and B
d.None of the above
90.Before a complaint or information is filed,preliminary investigation is required for all offenses

punishable by imprisonment of at least 4yrs,2mos,and 1day,regardless of the fine,except:
a.If the accused was arrested by virtue of lawful arrest without warrant;
b.The information may be filed after the conduct of an inquest;
c.All of the above
d.None of the above
(Note:Than in this case,the accused can ask for preliminary investigation but he should waive his rights
under Art.125 of the RPC.(Arbitrary detention)
91.The purposed of preliminary investigation:

a.To determine whether a crime has been committed and the respondent is probably guilty
thereof.and should be held for trial;
b.To protect the innocent against hasty,malicious and oppresive prndsecution;to protect him
from public accusation of a crime;from the trouble,expenses and anxiety of a public trial;
c.To protect the state from having to conduct useless and expensive trials;
d.All of the above
92.Can the accused demand the right to confront and cross-examine the witnesses during the
preliminary investigation?No,because;
a.It is not part of the trial;
b.It is summary and iquisitorial in nature;
c.Its function is to determine the existence of probable cause and not the guilt of the accused;
d.All of the above
93.A preliminary examination is a proceeding conducted by judges for the purpose of determining
probable cause for the:
a.Issuance of warrant of arrest;
b.To determine fact of commission of a crime;
c.To determine the probability that the person sought to be arrested committed the crime;
d.To determine the guilt of the accused
e.To conduct of PTI
f.A and E only
g.A,B and C only
94.The rules of procedure shall be construed:

a.Strictly against the state
b.Jurisdiction over the person subject matter
c.Jurisdiction over the person of the accuse
d.All of the above

R.C., J.D./2016
95.For valid exercise of criminal jurisdiction,the requisites are:

a.Jurisdiction over the person of the accused
b.Jurisdiction over the subject matter
c.Jurisdiction over the territoriality where the crime was committed
d.All of the above
96.Which of the following cases are within the jurisdiction of MTC in criminal cases?
a.All violations of city or municipal ordinances committed within their territorities
b.All of offenses punishable with imprisonment not exceeding six years.
c.Cases where the penalty provided by law is fine only not exceeding P4,000.00
d.All of the above
97.Whic of the following cases are within the jurisdiction of RTC?

a.All cases where penalty is higher than 6 yrs.
b.Laws on libel
c.Appellate jurisdiction over cases decided by the MTC
d.All of the above
98.Jurisdiction over the person of the accused is aquired upon:

a.His arrest
b.His voluntary appearance to the court
c.A and B
d.None of the above
99.Criminal actions be instituted:

a.For the offenses where a preliminary investigation ir required,by filing the complaint with
proper officer for the purpose of conducting the preliminary investigation;
b.For all other offenses,by filing the complaint or information directly with the MTC or the
complaint with the office of the prosecutor
c.All of the above
100.When such an authority to prosecute criminal actions cease?

a.Upon actual intervention of the prosecutor or upon elevation of the case to the Regional
Trial Court
b.Upon actual intervention of private prosecutor or upon elevation of the case to the Court of
Appeals
c.When the offense charged is one where death penalty is imposed or upon elevation of the
case to the Supreme Court
d.All of the above
101. A mandatory requirement that a complaint or information shall be in writing,against all person
who appear to be responsible for the offense involved:
a.In the name of the People of the Philippines
b.Instituted in the name of the aggrieved party
c.Criminal action
d.Civil action
102.One of the requirement of a valid complaint is that must be under oath,except.when:

a.The complaint is filed before the Chief of Police
b.The complaint is filed before the Fiscal Office
c.The complaint is filed by offended party before the court
d.All of the above
103. It is defined as an accusation in writing charging a person with an offense subscribed by the
fiscal and filed with the court:
a.Action c.Information
b.Complaint d.Police Blotter

R.C., J.D./2016

R.C., J.D./2016

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CSC-Antipolo City Pride/What Criminologist Knows?

What Criminologist Knows?

CRIMINAL LAW 1 (BOOK 1, RPC)

CRIMINAL LAW 2 (BOOW 2, RPC) WITH SPECIAL

RULES ON CRIMINAL PROCEDURE

PRACTICE COURT (COURT TESTIMONY)

-Charlemagne James P. Ramos

1 | P a g e QUESTIONARES for CRIMINAL LAW AND JURISPRUDENCE/Charlemagne James P. Ramos R.C.,

CRIMINAL LAW BOOK 1 (RPC)

INSTRUCTION: Read the questions very carefully befose you answer.

1. It is the forfeiture or loss of the right of the state to prosecute

2. Is the loss or forfeiture of the state to execute the sentence

3. The penalties of death and reclusion perpetua prescribe in ;

4. Light penalties shall prescribe in;

6. There is complex crime when ;

8. Is a kind of executive clemency whereby the execution of penalty is

2 | P a g e QUESTIONARES for CRIMINAL LAW AND JURISPRUDENCE/Charlemagne James P. Ramos R.C.,

9. The penalty imposed by the court upon an offender is reduced to a

10. It is an accessory penalty provided by law when the principal

12. Is a kind of a crime which is committed by a person who performs

13. It may be defined as a disposition under which a dependant after

16. A kidnapped a boy and demanded a ransom of P100,000,00 from the

17. A proposed to B that they rob a certain store, to which B agreed,

18. To be appreciated as mitigating, it must be made to person in

3 | P a g e QUESTIONARES for CRIMINAL LAW AND JURISPRUDENCE/Charlemagne James P. Ramos R.C.,

A. Voluntary surrender C. Habitually reiteration

19. This kind of aggravating circumstance is present when a person

20. In its juridical sphere, it means the suffering undergone, because

22. It means the mercy extended by the chief executive to a person

23. This allowance is deducted from the period of a prisoner's

24. It is the deduction of one-fifth (1/5) of the period of the

25. It is a sovereign act of oblivion for past acts, granted by the

26. X, Y & Z conspired to kill A. They went to the house of A. Upon

4 | P a g e QUESTIONARES for CRIMINAL LAW AND JURISPRUDENCE/Charlemagne James P. Ramos R.C.,

29. An accessory is exempt from criminal liability when the principal

30. X is chief of police in town A his son committed murder whom he

31.X is the mother of C who has just stolen jewelries worth

33. A legislative act which inflicts punishment without trial.

36. In cases of seduction, abduction and acts of lasciviousness,

5 | P a g e QUESTIONARES for CRIMINAL LAW AND JURISPRUDENCE/Charlemagne James P. Ramos R.C.,

39. In the execution of destierro, the convict shall not be permitted

41 A & B agreed to rape C they proceeded to the room of C whereupon A

43. Suppose X being a co-conspirator in the theft or robbery, sold

44. A rapes a woman and in his escape he was assisted by public

45. Suppose in the same problem, A was assisted by a private

6 | P a g e QUESTIONARES for CRIMINAL LAW AND JURISPRUDENCE/Charlemagne James P. Ramos R.C.,

C. Yes, crime committed was treason , murder , parricide, etc.

47.light offenses prescribed in:

49. Suppose in the same problem above, A reported to the police

51.The classes or different classifications or circumstances

52. A person who acts by virtue of a ___________ circumstances is

53.One who acts by virtue of an _____________ circumstance commits a

54. A shots B hitting but not mortally . So B grappled for the

7 | P a g e QUESTIONARES for CRIMINAL LAW AND JURISPRUDENCE/Charlemagne James P. Ramos R.C.,

immediately thereafter, B shot A whom he killed. Prosecuted for

55. Is the accidental killing of by-stander, while X was acting in

56. X was indebted to B when B tried to collect the indebtedness, X

8 | P a g e QUESTIONARES for CRIMINAL LAW AND JURISPRUDENCE/Charlemagne James P. Ramos R.C.,