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Criminal Law and Jurisprudence

1. Which among the following is not an afflictive penalty?


a. Reclusion perpetua b. reclusion temporal
c. prision mayor d. arresto mayor

2. Under the ________ the maximum duration of the convicts sentence shall not be more than three (3) times the length of time
corresponding to the most severe penalties imposed upon him which however shall not exceed forty (40) years.
a. Supreme Court Ruling
b. Revised Penal Code
c. 1987 Constitution
d. Three fold rule in the service of sentence

3. Which law prohibited the imposition of the death penalty?


a. RA 9262 b. RA 9346
c. RA 9211 d. RA 9344

4. What is the first and indispensable requisite of self defense?


a. unlawful aggression
b. reasonable necessity of the means employed to prevent or repel it
c. lack of sufficient provocation on the part of the person defending himself
d. the person defending be not induced by hatred, revenge or other evil motive.

5. A _____ exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit
it.
a. conspiracy b. piracy c. proposal d. criminal agreement

6. It is that characteristics of criminal law which states that criminal law is binding on all persons who live or sojourn in the
Philippines regardless of sex, age and nationality.
a. General b. Practical c. Territorial d. Prospective

7. Article 366 is the second to the last article of the RPC. It says: felonies and misdemeanors, committed prior to the date of the
effectiveness of this Code, shall be punished in accordance with the Code or acts in force at the time of their commission This
illustrates one of the characteristics of the Revised Penal Code which is:
a. general b. prospective c. territorial d. extraterritorial.

8. Material crimes are crimes that have three stages namely attempted, frustrated and consummated stages, whereas __________
are crimes that are consummated in one instant, that is it may not have an attempted or a frustrated stage such as acts of
lasciviousness, slander, false testimony etc.
a. formal crimes b. material crimes c. continuing crimes d. complex crimes

9. As a general rule light felonies are punishable only when they are _______, with the exception of those committed against
persons or property.
a. consummated b. frustrated
c. attempted d. none of the above

10. One of the theories in criminal law which states that man is subdued occasionally by a strange and morbid phenomenon which
constrains him to do wrong in spite of or contrary to his own volition.

a. Positivist theory b. Classical theory


c. Neo classical theory d. All of the above.

11. _______ is an act of sovereign power granting a general pardon for past offense and is rarely exercised in favor of a single
individual and is usually granted to certain classes of persons usually political offenders, who are subject to trial but not yet
convicted.
a. pardon b. commutation c. parole d. amnesty

12. It is a rule regarding the jurisdiction of a coastal state whenever a crime is committed aboard a foreign merchant vessel
whenever that merchant vessel is within the jurisdiction of that coastal state. According to this rule such crimes are triable in that
country, unless their commission affects the peace and security of the coastal state.
a. French Rule b. Filipino Rule
c. English Rule d. American Rule

13. Acts and omissions punishable by law (RPC) are known as:
a. Felonies b. Fault c. Culpa d. Crimes

14. Who grants absolute pardon the effect of which will extinguish criminal liability?
a. Chief Executive or President c. Offended party
b. Board of Pardon or Parole d. Supreme Court

15. There is _______ when the criminal act is performed with deliberate intent.
a. freedom of action b. fault c. fault d. dolo or deceit

16. When the wrongful act results from imprudence, negligence, lack of foresight or lack of skills then there is:
a. dolo b. deceit c. fault or culpa d. malice.
17. These are circumstances which are grounds for exemption from punishments because there is wanting in the agent of the crime
any of the conditions which make the act voluntary or negligent.
a. exempting circumstances b. justifying circumstances
c. alternative circumstances d. mitigating circumstances

18. What do you mean by the Latin, NULLUM CRIMEN NULLA POENA SINE LEGE?
a. There is no crime if the offender is able to bribe the police officer handling his case.
b. There is no crime if the offender is able to bribe the fiscal prosecuting his case.
c. Ignorance of the law excuses one from compliance therewith.
d. There is no crime if there is no law punishing it.

19. It is the moving power which impels one to action for a definite result.
a. intent b. malice c. motive d. lack of foresight

20. What crime exists when a single act constitutes two or more grave or less grave felonies or when an offense is a necessary
means of committing the other?
a. continuing crime b. transitory crime
c. habitual delinquency d. complex crime

21. Aberratio Ictus simply means:


a. mistake in the blow
b. mistake in the identity
c. result greater than intended
d. mistake of fact

22. Rhea was driving her car when he bumped Mario. Mario died as a result. At the trial of the case the prosecutor was able to
prove that Rhea had the mens rea when he bumped the victim Mario. Hence the information for Reckless Imprudence resulting
in Homicide was dismissed and a new information for murder was filed against Rhea. What is meant by mens rea?
a. It means that Rhea had menstruation at the time of the crime which might exempt her.
b. It means Rhea had her monthly period at the time of the commission of the crime.
c. Mens Rea means Rhea is a mens woman.
d. Means Rea simply means criminal intent that is the act of Rhea was intentional and not accidental.

23. What kind of executive clemency wipes away the guilt of the convicted person. As the name implies it is exercised by the
President subject to certain constitutional limitations. In the language of the revered Luis B. Reyes book, it is an act of grace
proceeding from the power entrusted with the execution of the laws which exempts the individual on whom it is bestowed from the
punishment the law inflicts for the crime he has committed.
a. Pardon c. Commutation
b. Amnesty d. Parole

24. What is incurred by one who commits a felony although the wrongful act is different from that which he intended?
a. reward c. imprisonment
b. punishment d. criminal liability

25. What is that cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the
injury, and without which the result would not have occurred.
a. efficient intervening cause c. proximate cause
b. indeterminate offense d. immediate cause

26. The Witness Protection, Security and Benefit Program of the Department of Justice is:
a. RA 9165 b. RA 8294 c. PD 968 d. 6981

27. ACT 3815 is also known as the Revised Penal Code. When was this Code approved?1
a. January 1, 1932 b. February 2, 1987
c. December 8, 1930 d. April 13, 2029

28. What crime is committed which is made against persons or property but which is of impossible accomplishment because of its
inherent impossibility or on the account of the employment of ineffectual or inadequate means.
a. continuing crimes c. compound crime
b. impossible crimes d. attempted crimes

29. This takes place when the offender commences the commission of a felony directly by overt acts, and does not perform all the
acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.
a. consummated felony c. attempted felony
b. frustrated felony d. none of the above

30. A felony is _______ when the offender performs all the acts of execution which should produce the felony as a consequence
but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.
a. consummated felony c. attempted felony
b. frustrated felony d. infraction of law
1. _____________ is the means sanctioned by the rules of ascertaining in a judicial proceeding the truth respecting a matter
of fact.
A. Evidence C. Trial
B. Hearing D. Arraignment

2. _____________ is the means of proof.


A. Factum probans C. Evidence
B. Factum probandum D. None of them

3. _____________ is the result of evidence.


A. Hearing C. Proof
B. Factum probandum D. Evidence
4. _____________ a probative or evidentiary fact.
A. Factum probans C. Factum probandum
B. Evidence D. Proof

5. _____________ facts to be proved.


A. Factum probandum C. Proof
B. Factum probans D. Evidence

6. _____________ evidence is that which is not excluded by law on evidence as tending to prove a fact in issue.
A. Relevant C. Competent
B. Documentary D. Secondary

7. _____________ evidence is having any value in reason as may tend to establish the probability or improbability of a fact
in operation.
A. Competent C. Relevant
B. Documentary D. Secondary

8. _____________ evidence an oral statement or declaration of a person respecting a matter of fact sought to be proven.
A. Testimonial C. Documentary
B. Conclusive D. Circumstantial

9. _____________ evidence are those found and gathered at the crime scene.
A. Physical C. Relevant
B. Documentary D. Expert

10. _____________ evidence consist of writing or any material containing letters, words and other written expression offered
as proof of their contents.
A. Best evidence C. Documentary
B. Secondary D. Conclusive

11. _____________ original of the document is one, the contents of which are the subject of inquiry.
A. Secondary C. Best evidence
B. Conclusive D. Expert

12. _____________ evidence is when the original is lost or destroyed, a copy thereof will suffice.
A. Best evidence C. Secondary
B. Conclusive D. Circumstantial

13. _____________ evidence is that when left alone by itself would suffice as proof of a particular fact until overcome by
other ordinary means.
A. Conclusive C. Prima facie
B. Circumstantial D. Expert
14. _____________ is that which admits of no other contradiction.
A. Expert C. Parol
B. Relevant D. Conclusive

15. _____________ evidence testimony not based on actual personal knowledge or observation of the facts in controversy but
of other facts from which deductions are drawn showing indirectly the facts sought to be proved.
A. Prima facie C. Physical
B. Circumstantial D. Parol

16. _____________ evidence when the terms of an agreement have been reduced to writing, it is considered as containing all
the terms agreed upon.
A. Parol C. Expert
B. Prima facie D. Testimonial

17. _____________ evidence articles which helps the Investigator in locating the suspect.
A. Tracing C. Associative
B. Corpus delicti D. Competent

18. _____________ evidence are those which links the suspect to the crime or offense.
A. Corpus delicti C. Associative
B. Conclusive D. Circumstantial

19. _____________ objects or substances which are essential part of the body of the crime.
A. Corpus delicti C. Confession
B. Admission D. Portrait parle

20. _____________ a person acknowledges the fact of his guilt in the commission of the offense charged.
A. Admission C. Confession
B. Corpus delicti D. Physical evidence

21. _____________ a party merely acknowledges certain parts, circumstances or status or condition of things which may not
indicate his guilt in the commission of the offense charged.
A. Confession C. Admission
B. Expert evidence D. Physical evidence

22. _____________ confession must be corroborated by evidence or corpus delicti.


A. Judicial C. Extra
B. Extra-judicial D. None of them

23. Evidences presented by the Prosecutor are labeled/marked by_____________.


A. letter of the alphabet C. numbers/numerals
B. asterisk D. None of them

24. Evidences presented by the defense are marked by _____________.


A. asterisk C. numbers/numerals
B. letter of the alphabet D. None of them

25. _____________ examination examination-in-chief of a witness by the party presenting him on the facts relevant to the
issue.
A. Direct C. Cross
B. Re-direct D. Re-cross

26. After the cross-examination, he may be re-examined by the party calling him to explain or supplement his answers during
the _____________.
A. Cross-examination C. Direct examination
B. Recall D. Re-cross

27. After examination by both sides, the witness cannot be _____________ without leave of court.
A. Cross examine C. Recalled
B. Re-direct examine D. Re-cross examine

28. _____________ documents are those notarized by a notary public or by a competent public official with the solemnities
required by law.
A. Public C. Commercial
B. Private D. Official

29. _____________ documents issued by a public official in the exercise of the functions of his office.
A. Official C. Commercial
B. Private D. Public

30. _____________ documents are those defined and regulated by the Code of Commerce.
A. Official C. Public
B. Commercial D. Private

1. This felony is committed by any Filipino citizen or an 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
b. Rebellion
c. Flight to enemy country
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

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
b. kidnapping
c. illegal arrest
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
b. violation of domicile
c. abuse of authority
d. police brutality

5. This crime is committed by rising publicly 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 etat
b. b. sedition
c. murder
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
b. coup detat
c. insurrection
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 penalty higher than
prision mayor.
a. unlawful arrest
b. illegal detention
c. arbitrary detention
d. violation of parliamentary

8. The felony of _______ by any founder, director, and presidents of associations organized for the purpose of committing any of
the crimes punishable under the RPC or for some purpose contrary to public morals.
a. None of these
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. conniving to evasion
c. delivering prisoners from jail
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. consenting to evasion
c. delivering prisoners from jail
d. evasion of service of sentence
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 away 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 Philippine 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 any 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 official function
c. usurpation of authority
d. using fictitious name

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. Grave scandal
c. Public display of affection
d. Exhibitionism/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. tambay e. bystander

21. __________ is any women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct.
a. hostess 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 of 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. prevaricacion or negligence or tolerance in prosecution of offenses
c. indirect bribery
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 offer, promise, gift or present received by such
officer, personally or through the mediation of another.
a. direct bribery
b. prevaricacion or negligence or tolerance in prosecution
c. indirect bribery
d. qualified bribery

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?
a. directly or indirectly demanding the payment of sums different from or larger than authorized by law
b. voluntarily failing to issue a receipt, as provided by law for sums of money collected
c. 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 property.
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 lf lasciviousness

30. This felony is committed by any person who shall intentionally mutilate another by depriving him, of some essential organ for
reproduction.
a. castration b. cutting of happiness c. mutilation d. bobbitised punishment

1. ___________ regulates the judicial steps for the prosecution and punishment of the offenders.
A. Criminal Procedure C. Civil Procedure
B. Criminal Law D. Criminology

2. ____________is the system of criminal procedure which prevails in this country/jurisdiction.


A. Inquisitorial C. Accusatorial
B. Mixed D. None of them

3. ____________ is a sworn written statement charging a person with an offense subscribed by the offended party, any peace
officer or other public officer charged with the enforcement of the law violated.
A. Complaint C. Warrant of Arrest
B. Information D. Search Warrant

4. ____________ is an accusation in writing, charging a person with an offense subscribed by the prosecutor and filed with the
court.
A. Warrant of Arrest C. Information
B. Search Warrant D. Complaint

5. Subject to existing laws, criminal action shall be instituted or tried in the court of the municipality or territory where the offense
was committed or where any of its ____________ occurred.
A. aggravating circumstances
B. essential ingredients
C. mitigating circumstances
D. justifying circumstances

6. As a rule, when a criminal action is instituted or filed, the civil action is likewise filed unless the offended party____________.
A. waives the civil action C. any of them
B. reserves the right to file it D. both of them

7. The death of the accused after arraignment and during the pendency of the criminal action shall____________ the civil liability
from the delict.
A. provisionally dismiss C. totally extinguish
B. partially extinguish D. none of them

8. When a person is lawfully arrested without a warrant involving an offense which requires a preliminary investigation, the
complaint or information may be filed by a prosecutor without need of such investigation provided ____________has been
made.
A. inquest C. admission
B. confession D. none of them

9. ____________ is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to
guarantee his appearance before any court as required under the condition specified.
A. Collateral C. Warranty
B. Bail D. Guarantee

10. Motion to dismiss in civil procedure is motion to ___________ in criminal procedure.


A. quash C. plead
B. review D. for reconsideration

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