Jurisprudence
Jurisprudence
Jurisprudence
The acquittal of an accused shall bar the civil action arising from
the crime where the judgment of acquittal holds that ______________.
a. the acquittal is based on reasonable doubt
b. the liability of the accused is not criminal but civil in nature
c. the civil liability does not arise from or is not based on the
criminal act for which the accused has been acquitted
d. the accused did not commit the act imputed to him
2. Subsidiary liability may be imposed on the following, EXCEPT
____________
a. innkeepers, in relation to the crime committed in their
establishment
b. employers engaged in industry, for crime committed by their
employees
c. parents of minors who act with discernment in committing crimes
d. hospital administrators or owners, for crimes committed by their
hospital nurse
3. Passion or obfuscation may be appreciated ________________.
a. if it arises from jealousy in an amorous relationship between a
married man and a single woman
b. if it arises from jealousy of a man who has been living-in with the
woman for the past twenty years
c. if it arises from jealousy with immoral, lustful, and vindictive
sentiments of the offender against the victim
d. in none of the above situations
4. Who among the following accused is entitled to a privileged mitigating
circumstance that would lower the imposable penalty by one degree?
a. a minor above 15 years old and below 18 years old who acted with
discernment
b. one who, in fulfillment of his duty to carry out the warrant of arrest
of a fugitive, shot the fugitive to death without ascertaining his
identity
c. one who defended himself against an unlawful aggression but used
unreasonable means and gave provocation
d. all of the above
5. Conspiracy to commit a felony is punishable only in cases where the law specifically provides a
penalty. Which of the following combinations contain specific felonies under Revised Penal Code?
a. conspiracy to commit treason, conspiracy to commit rebellion, conspiracy to commit coup
d’etat,
conspiracy to commit misprision of treason
b. conspiracy to commit rebellion, conspiracy to commit coup d’etat, conspiracy to
commit sedition
c. conspiracy to commit rebellion or insurrection, conspiracy to commit sedition,
conspiracy to
commit illegal assemblies, conspiracy to commit treason
d. conspiracy to commit treason, conspiracy to commit sedition, conspiracy to commit
terrorism
e. none of the above
6. Choose the correct circumstances when a woman may be held liable for
rape:
a. with the use of force or intimidation
b. when the rape is committed by two or more persons
c. when the offender uses an instrument and inserts it in the mouth of
the victim
d. when she befriends and puts a sleeping pill in the victim’s drink to
enable her husband to have intercourse with the victim
7. The death of the accused extinguishes his criminal liability but civil
liability is not extinguished _________.
a. when the death of the accused occurred before conviction
b. when the death of the accused occurred after conviction and after he
has perfected his appeal from conviction
c. when the death of the accused occurred during the pendency of his
appeal
d. when the death of the accused occurred after final judgment
e. none of the above
8. Compelling the pilot of an aircraft of Philippine Registry to change its
destination is _______________
a. grave coercion
b. a violation of the Anti-Hijacking Law of RA 6235
c. grave threats
d. a violation of the Human Security Act of 2007 or the Anti-Terrorism
Law
e. All of the above
9. Choose from the list below the correct principle in considering “motive”.
a. if the evidence is merely circumstantial, proof of motive is essential
b. generally, proof of motive is not necessary to pin a crime on the
accused if the commission of the crime has been proven and the
evidence of identification is convincing
c. motive is important to ascertain the truth between two antagonistic
theories
d. motive is relevant if the identity of the accused is uncertain
e. all of the above are correct
10. Luis was sentenced to prison mayor and to pay a fine of P50, 000, with
subsidiary imprisonment in a case of insolvency. Is the sentence correct?
a. Yes, because Luis has no property to pay for the fine, so he must suffer the
equivalent imprisonment provided by law in lieu of fine
b. No, because subsidiary imprisonment is applicable only when the penalty
imposed is prision correctional or below
c. Yes, because the sentence says so
d. No, because the subsidiary imprisonment is applicable only when he penalty
imposed is limited to a fine
e. none of the above
11. Anthony drew a promissory note and asked his terminally ill and dying
business partner Ben to sign it. The promissory note bound Ben to pay Anthony
one million pesos plus 12 % interest, on or before June 30, 2011. If Ben died
before the promissory note’s due date and anthony still collected P1, 000,000 with
interest from Ben’s estate, what crime/s did Anthony commit?
a. Falsification of public document
b. falsification of private document and estafa
c. estafa
d. estafa thru falsification of a private document
e. none of the above
12. Out of spite and simply intending to put Gina to shame for breaking off
with him, Ritchie emptied a gallon of motor oil on the school’s stairway
where Gina usually passed. Gina, unaware of what Richie did, used the
slippery stairway and slipped, hitting her head on the stairs. Gina died
from brain hemorrhage. What crime did Ritchie commit?
a. murder c. homicide
b. reckless imprudence resulting in homicide d. impossible crime
13. Santos was sentenced to suffer imprisonment in three separate judgement: 6
months and i day to 4 years for attempted homicide; 6 years and 1 day to 8 years for
frustrated homicide; and 6 years and 1 day to 20 years for homicide. After 20th year in
the National Penitentiary, Santos filed a petition for habeas corpus claiming that he had
fully served his sentence of 20 years and should therefore be immediately released
from imprisonment. Was Santos correct?
a. Yes, because he served his sentences simultaneously so that his 20 years of
incarceration was sufficient
b. No, because multiple sentences are served successively not simultaneously
c. No, only penalties other that imprisonment can be served simultaneously
d. Yes, because after he has served the minimum of his penalties, he can now be
released
14. Amelia, a famous actress, bought the penthouse unit of a posh condominium building in Taguig
City. Every night, Amelia would swim naked in the private but open air pool of her penthouse unit.
It must have been obvious to Amelia that she could be seen from nearby building. In fact, some
residents occupying the higher floors of the nearby residential buildings did indeed entertain
themselves and their friends by watching her swim in the nude from their windows. What crime
did Amelia commit?
a. alarms and scandals because her act of swimming naked disturbs the public tranquility
b. grave scandals because she committed highly scandalous acts that are offensive to decency or
good customs
c. immoral doctrines, obscene publications and exhibitions, and indecent shows under Article
201 of the Revised Penal Code, because her act of swimming naked is akin to an indecent live
shows
d. Amelia did not commit any crime because the swimming pool is located in her private home
15. After drinking a bottle of Jack Daniel’s, Jonjon drove his BMW sports car at high
speed, rammed into a group of crossing pedestrians, and hit a traffic light post. The
incident caused the death of one pedestrian, serious injuries to three others and the
destruction of the traffic light post. If you were the prosecutor, what would you charge
Jonjon?
a. homicide with serious physical injuries through simple negligence
b. damage to property, serious physical injuries and homicide through reckless
negligence
c. simple negligence resulting in damage to property, serious physical injuries and
homicide
d. reckless imprudence resulting in homicide, serious physical injuries and damage
to property
16. Using his charms because of his movie star looks, Phil, in a movie date
with Lyn, a 19 year old colegiala, kissed her on the cheek and stroked her
pubic hair. Lyn shouted for help and Phil was arrested. Phil is liable for
__________.
a. rape by sexual assault for using his finger
b. violation of the Anti-Child Abuse Law for lascivious conduct
c. unjust vexation
d. acts of lasciviousness
e. none of the above
17. If Rod killed Irene, his illegitimate daughter, after taking
her diamonds earrings and forcing her to have sex with him,
what crime/s should Rod be charged with?
a. robbery and rape with parricide
b. robbery, rape and parricicde
c. rape with homicide and theft
d. rape with homicide
e. none of the above
18. From an extension line, Ricardo overhead a telephone conversation between Julito and
Atty. Hipolito. The latter (Atty. Hipolito) was asking money from Julito in exchange for
dropping the extortion charge filed against Julito. Ricardo was charged of violating Anti-
Wiretapping Act of R A 4200. Under these facts, was there a violation as charged?
a. Yes, because the conversation was private in nature
b. Yes, because the conversation was overhead without the consent of parties, Julito and
Atty. Hipolito
c. No, because what is punishable is intentional listening to a conversation through wire
d. No, because a telephone extension line is not the device or arrangement contemplated
by the law and the use of an extension line cannot be considered as wiretapping
e. none of the above
19. George, the 20 year old son of a rich politician, was arrested at the
NAIA arrival lounge and found positive for opium, a dangerous drug.
When arrested, fifteen grams of cocaine were found in his backpack. What
offense would you charge George under R A No. 9160 (Comprehensive
Dangerous Drug Act)?
a. use of dangerous drug
b. use and possession of dangerous drugs
c. possession of dangerous drugs
d. importation of dangerous drugs
e. none of the above
20. Proposal to commit felony is punishable only in cases in
which the law specifically provides a penalty therefor. Under
which of the following instances are proponent not liable?
a. proposal to commit coup d’etat
b. proposal to commit sedition
c. proposal to commit rebellion
d. proposal to commit treason
21. When felonies punishable?
a. light felonies are punishable in all stages of execution
b. light felonies are punishable only when consummated
c. light felonies are punishable only when consummated
with exception of those committed against persons or
property
d. light felonies are punishable only when committed against
persons or property
22. Is the crime of theft committed by a person who, with intent to gain, takes a worthless
check belonging to another without the latter’s consent?
a. yes, all the elements of the crime of theft are present: that there be taking of personal
property; that the property belong to another; and that the taking to be done with
intent to gain and without the consent of the owner
b. No, the taking of worthless check, which has no value, would not amount to the crime of
theft because the legal impossibility to commit the intended crime
c. Yes. theft is committed even if the worthless check would be subsequently dishonored
because the taker had intent to gain from the check to the taker of the taking
d. Yes. Theft is committed because the factual impossibility to gain from the check was not
known to the taker or beyond his control at the time of taking
23. What crime is committed by one who defrauds another by
taking undue advantage of the signature of the offended party
in a blank check and by writing the payee and amount of the
check to the prejudice of the offended party?
a. estafa with unfaithfulness or abuse of confidence
b. estafa by false pretence
c. estafa through fraudulent means
d. estafa by other deceits
24. What crime is committed by person who kills a three
day old baby?
a. infanticide c. homicide
b. murder d. parricide
25. What crime is committed by a person who kills his
legitimate brother on the occasion of public calamity?
a. parricide c. murder
b. homicide d. death caused in tumultuous affray
26. What is the criminal liability of a person who knowingly and in
any manner aids or protects highway robbers/brigands by giving
them information about the movement of the police?
a. he is criminally liable as principal by indispensable cooperation
in the commission of highway robbery or brigandage
b. he is criminally liable as an accessory of the principal offenders
c. he is criminally liable as an accomplice of the principal offender
d. he is criminally liable as principal for aiding and abetting a
band of brigands
27. With intent to kill, GGG burned the house where F and D were
staying. F and D died as a consequence. What is the proper charge
against GGG?
a. GGG should be charged with two counts of murder
b. GGG should be charged with arson
c. GGG should be charged with complex crime of arson with
double murder
d. GGG should be charged with complex crime of double murder
28. What is the criminal liability, if any, of a physician who issue a false
medical certificate in connection with the practice of his profession?
a. the physician is criminally liable for falsification of medical certificate
b. the physician s criminally liable if the false medical certificate is used
in the court
c. the physicians incurs no criminal liability if the false medical
certificate is not submitted to the court
d. the physician incurs no criminal liability if the false medical certificate
does not cause prejudice or damage
29. Under which of the following circumstances is probation not applicable?
a. probation is not applicable when the accused is sentenced to serve a
minimum of six years
b. probation is not applicable when the accused has been convicted with
final judgement of an offense punished by imprisonment of less than one
month and/or fine of less than P200.00
c. probation is not applicable when the accused is convicted of indirect
assault
d. probation is not applicable when the accused is convicted of indirect
bribery
30. What crime is committed by a person who, having found a
ring, fails to deliver the same to the owner or to the local
authorities?
a. the finder commits theft
b. the finder commits concealment
c. the finder commits qualified theft
d. the finder commits usurpation of property
31. Felonies are classified according to manner or mode
of execution into felonies committed by means of deceit
and by means of fault. Which of the following causes may
not give rise to culpable felonies?
a. imprudence c. negligence
b. malice d. lack of foresight
32. DD, intending to kill EE, peppered the latter’s bedroom
with bullets, but since the intended victim was not home at
that time, no harm came to him. What crime is committed?
a. DD committed the crime of attempted murder
b. DD committed the crime of attempted homicide
c. DD committed the crime of impossible crime
d. DD committed the crime of malicious mischief
33. What crime is committed when a person ill-treats
another by deed without causing any injury?
a. the offender commits maltreatment
b. the offender commits slander by deed
c. the offender commits assault
d. the offender commits coercion
34. Is the penalty for impossible crime applicable to one who
attempts to commit a light felony of impossible materialization?
a. No. The evil intent of the offender cannot be accomplished
b. No. An attempt to commit light felony constitute an
employment of inadequate or ineffectual means
c. No. The penalty for consummated light felony is less than the
penalty for impossible crime
d. No. In impossible crime, the act performed should not
constitute a violation of another crime
35. What crime is committed by a public office who, having control of
public funds or property by reason of the duties of his office and for which
he is accountable, permits any other person through abandonment to take
such funds or property?
a. the public officer commits malversation
b. the public officer commits technical malversation
c. the public officer commits the crime of failure of accountable or
responsible officer to render accounts
d. the public officer commits the crime of failure to make delivery of
public funds or property
36. AA knowingly and willfully induce BB to swear falsely. BB testified as told in a
formal hearing of an administrative case under circumstances rendering him
guilty of perjury. Is AA criminally liable?
a. AA is not criminally liable because his act constitute subordination of perjury
which is not expressly penalized in the Revised Penal Code
b. AA is not criminally liable because he was not the one who gave false
testimony in the administrative case
c. AA is not criminally liable because the witness suborned testified in an
administrative case only
d. AA is criminally liable for perjury as principal by inducement with BB as the
principal by direct participation
37. What should be the proper charges against an offender who unlawfully
took and carried away a motor vehicle belonging to another without the
latter’s consent, killing the driver in the process?
a. The proper charge against the offender should be murder with the use of
the motor vehicle;
b. The proper charge against the offender should be qualified carnapping or
carnapping in an aggravated form;
c. The proper charge against the offender should be carnapping and
homicide;
d. The proper charge against the offender should be robbery with homicide
38. Conspiracy to commit felony is punishable only in cases in
which the law specifically provides a penalty therefore. Under
which of the following instances are the conspirators not
liable?
a. conspiracy to commit arson
b. conspiracy to commit terrorism
c. conspiracy to commit child pornograhy
d. conspiracy to commit trafficking in persons
39. AB was driving a van along a highway. Because of her recklessness the van hit a car
which had already entered the intersection. As a result CD who was driving the car
suffered physical injuries, while damage to his car amounted P8, 500. What is the
proper charged against AB?
a. AB should be charged with complex crime of reckless imprudence resulting in
damage to property with slight physical injuries
b. AB should be charged with reckless imprudence resulting in slight physical
injuries and reckless imprudence resulting in damage to property
c. AB should be charged with complex crime of slight physical injuries with damage
to property
d. AB should be charged with slight physical injuries and reckless imprudence
resulting in damage to property
40. What crime is committed by one who, having received
money, goods or any other personal property in trust or on
commission, or for administration, defrauds the offended party
by denying receipt of such money, goods or other property?
a. he commits violation of the trust receipt law
b. he commits estafa through fraudulent means
c. he commits estafa by false pretenses
d. he commits estafa with unfaithfulness or abuse of
confidence
41. A jailer inflicted injury on the prisoner because of his personal
grudge against the latter. The injury caused illness of the prisoner for
more than 30 days. What is the proper charged against the jailer?
a. the jailer should be charged with maltreatment of prisoner and
serious physical injuries
b. the jailer should be charged with serious physical injuries
c. the jailer should be charged with complex crime of maltreatment
of prisoners with serious physical injuries
d. the jailer should be charged with maltreatment of prisoner only
42. What is the proper charged against a lawyer who reveals
the secrets of his client learned by him in his professional
capacity?
a. the lawyer should be charged with revelation of secrets of
private individual
b. the lawyer should be charged with betrayal of trust
c. the lawyer should be charged with unauthorized
revelation of classified materials
43. Can the crime of treason be committed only by a Filipino citizen?
a. Yes. The offender in the crime of treason is a Filipino citizen only because the first
element is that the offender owes allegiance to the government of the Philippines
b. No. The offender in the crime of treason is either a Filipino citizen or a foreigner
married to a Filipino citizen, whether residing in the Philippines or elsewhere, who
adheres to the enemies of the Philippines, giving them aid or comfort
c. No. The offender in the crime of treason is either a Filipino citizen or an alien residing in
the Philippines because while permanent allegiance is owed by the alien to his own
country, he owes a temporary allegiance to the Philippines where he resides
d. Yes. It is not possible for an alien whether residing in the Philippines or elsewhere, to
commit the crime of treason because he owes allegiance to his own country
44. What is the proper against a group of four person
who, without public uprising, employs force to
prevent the holding of any popular election?
a. sedition c. grave coercion
b. disturbance of public order d. direct assault
45. Which of the following circumstances may be
appreciated as aggravating in the crime of
treason?
a. cruelty and ignominy c. superior
strength
b. evident premeditation d. treachery
46. What is a disturbance of public order deemed to be tumultuous?
a. the disturbance shall be deemed tumultuous if caused by more than three persons
who are armed or provided with means of violence
b. the disturbance shall be deemed tumultuous when a person causes a serious
disturbance in a public place or disturb public performance, function or gathering
c. the disturbance shall be deemed tumultuous when more than three persons make
any outcry tending to incite rebellion or sedition or shout subversive or
provocative words to obtain any of the objectives of rebellion or sedition
d. the disturbance shall be deemed tumultuous when at least fours persons
participate in a free for all fight assaulting each other in a confused and
tumultuous manner
47. How is the crime coup d'etat committed?
a. by rising publicly and taking arms against the government for the purpose of
depriving the chief executive of any of his powers or prerogatives
b. when a person holding public employment undertakes a swift attack,
accompanied by strategy or stealth, directed against public utilities or other
facilities needed for the exercise and continued possession of power for the
purpose of diminishing state power
c. when person rise publicly and tumultuously in order to prevent by force the
national government from freely exercising its function
d. when persons circulate scurrilous libels against the government which tend to
instigate others to meet together or to stir up the people against the lawful
authorities
48. What is the age of criminal responsibility?
a. 15 years old or under
b. 9 years old or under
c. above nine years old under 15 who acted with
discernment
d. above 15 years old under 18 who acted with
discernment
49. When is a deemed to have been committed by band?
a. when armed men, at least four in number, take direct part
in the execution of the act constituting the crime
b. when three armed men act together in the commission of
the crime
c. when there are four armed persons, one of whom is a
principal by inducement
d. When there are four malefactors, one of whom is armed
50. When the adoption of a child is effected under Inter-
Country Adoption Act for the purpose of prostitution, what is
the proper charge against the offender who is a public officer
in relation to the exploitative purpose?
a. acts that promote trafficking in persons
b. trafficking in persons
c. qualified trafficking in persons
d. use of trafficked persons