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Criminal law and Jurisprudence

ARIEL C. MANLUSOC
Registered Criminologist
BS. Crim., M.A. Crim., Ph. D. Crim., Llb,
Criminal Law Boo k 1
1. Is that branch of municipal or public law which defines crimes, treats of their nature and provides for their punishment?
a. civil law b. procedural law c. criminal law d. substantive law
2. The following are sources of criminal law, EXCEPT:
a. Act 3815 b. City and municipal ordinance c. Special penal laws d. constitution
Act 3815 = otherwise known as the Revised Penal Code and the primary source of criminal law in the Philippines.
Special Penal laws = refers to Act. No. BP, RA , which are penal in nature.
Executive Fiat = Presidential decree (P.D.), Executive Order (E.O.)
3. The Revised Penal Code serves as the primary source of criminal laws in the Philippines. It took effect on?
a. January 1, 1923 c. December 8, 1930
b. January 1, 1932 d. January 1, 1933
December 8, 1930 = dated of approval of the RPC.
4. The following are characteristics of classical theory of criminal law, EXCEPT:
a. the basis of criminal liability is human free will and the purpose of the penalty is retribution.
b. Man is essentially a moral creature with an absolutely free will to choose between good and evil, thereby placing
more stress upon the effect or result of the felonious act than the man;
c. there is scant regard to the human element.
d. That man is subdued occasionally by strange and morbid phenomenon which constrains him to do
wrong, in spite of or contrary to his volition.
THEORIES IN CRIMINAL LAW
A. Classical Theory
= the basis of criminal liability is human free will and the purpose of the penalty is retribution.
= endeavored to establish a mechanical and direct proportion between crime and penalty, and there is scant regard to the
human element.
= RPC is generally governed by this theory.
B. Positivist Theory
= basis of criminal liability is the sum of the social, natural and economic phenomena to which the actor is exposed wherein
prevention and correction are the purposes of penalty.
---This theory is exemplified in the provisions regarding impossible crimes and habitual delinquency.
C. Eclectic or Mixed Theory
= combination of positivist and classical thinking wherein crimes that are economic and social in nature should be dealt in a
positive manner, thus, the law is more compassionate.
5. Acts or omissions punishable by law are crimes. What are acts committed or omitted in violations of special laws?
a. felony b. offense c. misdemeanor d. infraction of law
Crimes = punishable by Criminal law. Infraction of law = punishable by City/Municipal Ordinance.
Felony = punishable by RPC Offense = punishable by Special Penal Laws.
Delinquency = violation of social norms.
6. Basically, there are three fundamental characteristics of criminal law. What characteristics of criminal law states that
criminal law is binding on all persons who live or sojourn in the Philippines?
a. Generality b. Territoriality c. Prospective d. Retroactive
Territoriality = criminal law is applicable within the Philippine Territory with the exceptions of those mentioned in Art. 2,
RPC and those subject of treaty and Public international Law.
Prospectively = The law shall be applicable to those act which are committed at the time of the effectively of the law and
not before. Except when otherwise provided by the law, when it is favorable to an accused who is not habitual delinquent.
Territory - It is the fixed portion of the surface of the earth inhabited by the people of the state.
Terrestrial Domain = the Land Mass.
Maritime and Fluvial Domain =the Inland and External waters.
Territorial Sea/ Contiguous Zone extends to
12 Nautical Miles
Exclusive Economic Zone (EEZ) = 200 N.M.
Aerial Domain = Air Space above the land and waters.
a. Those who committed an offense while on a Philippine ship or airship even when outside the Philippine territory.
b. Those who forged or counterfeited any coin or currency note of the Philippines or obligations and securities issued by the
Government (Art 163, 166, RPC);
c. Those who introduced into the country obligations and securities mentioned in item b;
d. Those who while being a public officers or employees, committed an offense in the exercise of their functions;
e. Those who committed any of the crimes against national security and the law of nations defined in title one of Book two of
the RPC)

7. The following are the exemption to the rule of Generality, EXCEPT:
a. Those who are subject of treaty stipulation
b. Those who are immune under the law of preferential application
c. Those who are exempted under Public International law
d. President, Prime minister and Ambassador.
8. Mr. A committed loitering within the vicinity of Isetan Recto on January 12, 2009. June 12, 2009, a city ordinance was
passed punishing loitering within the vicinity of Isetan Recto. Can A be held liable for his act of loitering?
a. Yes, for there is a law passed punishing it
b. Yes under the principle of retroactive effect of criminal law
c. No, for the act was done prior to the effectivity of the law.
d. No, for A did not loiter again.
9. Under what characteristics of criminal law the above circumstance falls?
a. Generality b. Territoriality c. Prospective d. Retroactive
10. What legal maxims support the above scenario?
a. Pro reo c. Actus non facit reum , nisi mens sit rea
b. Nullum crimen nulla poena sine lege d. actus me invito factus non est meus actus
“Nullum crimen nulla poena sine lege” – meaning there is no crime when there is no law punishing such act.
“Actus me invitus factus non est meus actus” -- “An act done by me against my will is not my act”
While ignorance of the law excuses no one (ignorantia lege neminem excusat), a mistake of fact excuses the actor from
liability (ignoranti facti excusat).
11. Which of the following legal maxim means "the act cannot be criminal unless the mind is criminal".
a. Pro reo c. Actus non facit reum , nisi mens sit rea
b. Nullum crimen nulla poena sine lege d. actus me invito factus non est meus actus
“Non facit reum nisi mens sit rea” (an act does not make the doer guilty, unless the mind is guilty.)
“Dura Lex Sed Lex” (The law is hard, but it is the law.)
“El que es causa dela causa es causa del mal causado” (He who is the cause of the cause is the cause of the evil
cause.)
“Mens rea” ( Evil intent)
12. A legislative act that inflicts punishment without trial, its essence being the substitution of legislative fiat for a judicial
determination of guilt.
a. Ex post facto law b. Bill of attainder c. Retroactive law d. Prospective
Bill of attainder = a legislative act that inflicts punishment without trial. Its essence being the substitution of legislative fiat
for a judicial determination of guilt.
13. The following persons are exempt from criminal liability under the principle of public international law, EXCEPT:
a. Heads of states c. ambassador
b. ministers of plenipotentiary d. charges d affaires e. None
R.A.75 = provides for persons exempt from arrest & imprisonment.
Consuls and vice consuls are not given immunity.
14. Crimes committed within the territorial water of another country can either be triable in that country or on the country
where the vessel is registered. What rule provides that a crime committed on board vessel shall be NOT tried in the court of
the country having territorial jurisdiction, unless their commission affects the peace and security of the territory or the safety
of the state is endangered.
a. French rule b. American Rule c. Spanish Rule d. English Rule
French rule = prioritizes Nationality/Flag
English rule = prioritizes Territory
Crimes committed aboard a vessel within the territorial waters of a country are:
French Rule: (Flag or Nationality) NOT triable in the courts of said country, EXCEPT: When their commission affects the
peace and security of the territory or when the safety of the state is endangered.
English Rule: (Situs of the crime/ Territory) triable in the court of such country, EXCEPT: when the crimes merely affects
things within the vessel or when they only refer to the internal management thereof.

Foreign Warships
The nationality of such warship determines the applicable penal laws to crimes committed therein, as they are
considered to be an extension of the territory of the country to which they belong. Thus, their respective national law shall
apply to such vessel whenever they may be found.
15. Any bodily movement tending to produce some effect in the external world.
a. act b. omission c. dolo d. culpa
Act = things perform/done.(killing, stealing, causing injuries etc)
Omission = failure to perform an obligation/duty.
(non-payment of taxes, abandonment of a seriously injured person in an uninhabited place, etc.)
16. Felonies are committed either by Dolo or ______?
a. Deceit b. Fault c. Culpa d. Intent

in the natural and continuous sequence. unbroken by any efficient intervening cause. intent b. a. impossible crime Penalty for impossible crime (Art 59. EXCEPT: a. Preater Intentionem d. Intent is an essential elements and good faith an be a defense. Such presumption arises from the proof of commission of an unlawful act. 18. preater intentionem b. The resulting injury is due to the intentional act of the victim 22. 2. The following are elements of Impossible crime. Intelligence = capacity to know and understand the consequence of one’s act. That the act performed would be an offense against persons or property. 3. Proximate cause c. The moving power which impels one to action for a definite result. Probable cause Efficient intervening cause.Dolo or deceit (IFI) Culpa or fault (FIN) (Negligence/Imprudence)Lack of foresight/ Lack of skills Intelligence Intelligence Freedom Freedom Intent Negligence 1. Usually involves lack of foresight. (Impossible Crime) 19. That the act was done with evil intent c. produces the injury without which the result would not have occurred. Preater Intentionem = the result be different from what is intended. Error in Personae = mistake in identity. By any person committing a felony (delito) although the wrongful act done be different from that which he intended. Mistake in the blow c. necessary to determine the morality of human acts no crime can exist. Mistake of Fact = mistake of fact. When a man acts without freedom. so serious in their effect to the society. Generally governed by the RPC. Death ensued within a reasonable time. evil b. RPC) = Arresto mayor and a fine ranging from 200 to 500 pesos. a. b. Error in Personae c. Intent to commit an act with malice being purely a mental process is presumed. That its accomplishment is inherently impossible. That cause. No crime committed d. 23. Negligence = indicates deficiency of perception. Intent is the purpose to use a particular means to effect such result.are those that break the relation of cause and effect. he is no longer a human being but a tool. mala in se d. Prohibited by special law. (2) the resulting injury is due to the intentional act of the accused 21. mala in ce c. deceit d. Mala Prohibita Mala in se = wrongful from its nature. The felony committed is not the proximate cause of the resulting injury when: (1) there is an active force that intervened between the felony committed and the resulting injury. motive c. By any person performing an act which would be an offense against persons or property. Intent (Criminal) = the purpose is to use a particular means to effect such result. Intent is an element and must be proved. Without this power. Motive is not an element of a crime and need not be proved. d. mala prohibita Mala in Se vs. b. Art. Y was not killed as a consequence. EXCEPT: a. EXCEPT a.Death is presumed to be the natural consequence of physical injuries inflicted in the following. Freedom = voluntariness on the part of the person to commit the act or omission. a. hence its existence is shown by overt acts. Things which are wrongful in their nature. Mistake of Fact Aberratio Ictus = mistake in the blow. The purpose of the law in punishing impossible crime is to suppress criminal propensities or tendencies . Imprudence = indicates deficiency of action: failure to take the necessary precautions to avoid injury to person or damages to property. 4. Usually involves lack of skill. or that the means employed is either inadequate or ineffectual d. which. — Criminal liability shall be incurred: 1. 17. Mala Prohibita = violation of mere rules of convenience design to secure a more orderly regulation. That the act does not constitute a crime of negligence or imprudence. failure to pay proper attention and to use diligence in foreseeing the injury or damage impending to be caused. The victim at the time the physical injuries were inflicted was in normal health. Immediate cause d. Intervening cause b. The death may be expected from the physical injuries inflicted c. Intent in not important and good faith is not a defense. Criminal liability. Aberratio Ictus b. were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means. a. A mental Process. fault Motive vs. 2. Intent Motive is the moving power which impels one to action for a definite result. The following are crime committed by mistakes which does not operate as an Exemption/justification. Ignorantia facti excusat 20. X tried to kill Y by putting in his food a substance which he thought was an arsenic (poison) when in fact it was just a sugar.

Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law. a group of PNP personnel arrested them. d. Physical Injury c. c. Manner of committing the felony. External Acts. Conspiracy and proposal to commit a crime b. A. and C? a. Dismiss the case and shall report to the Chief Executive. hitting B at his shoulder. Render the proper decision. b. 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.g. Employment of inefficient means – i. Physical Injury. When one tries to murder a corpse. Stealing a property that turned out to be owned by the stealer. Impossible crime 26. 186) 5. Less serious physical Injury 27. Conspiracy to commit terrorism under RA 9372 . it shall: a. Proposal to commit a crime c. d. B. Conspiracy to commit treason (Art. Conspiracy to commit robbery b. through the Department of Justice. Elements constituting the felony. Mrs Lucila with intent to kill puts poison on the coffee of her husband Mr. b. Frustrated c. Adultery. Attempted d. What crime is committed by A? a. Physical impossibility – when extraneous circumstances unknown to the actor or beyond his control prevent the consummation of the intended crime. This takes place when the offender commences that commission of a felony by overt acts. Due to some cause or accident other done his own spontaneous desistance. was at the stage of convulsion. Crimes without frustrated: Rape. 3. covers: Preparatory act = ordinarily not punished except when considered by law as independent crimes (e. On crimes against persons and chastity. E. E. Conspiracy to commit rebellion or insurrection (Art. accused fired a gun. small quality of poison which is inadequate to kill a person. On crimes against person and property. Lucila? a.e. 4. Instigation to commit a crime. While having their meeting at their safe-house. It exist when exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Conspiracy to commit sedition (Art. (not punishable). By reason of causes independent of the will of the perpetrator. What was committed by Mrs. Employment of inadequate means – i. William Herschel. Mrs Lucila had a change of heart and administer an antidote causing Mr. attempted parricide d. The offender performs all the acts of execution b.g. Attempted homicide b. Frustrated homicide d. 2. less serious physical injury 29. The following are the elements of frustrated felonies. B was able to run away and survived the injury. Attempted Robbery d. Objective Phase c. Consummated b. when Mr. EXCEPT: a. 31. c. Light felonies as a general rule should only be punishable when consummated. and d.e. 141). and shall report to the Chief Executive. starting from the point where the offender begins the commission of the crime to that point where he has still control over his acts including their (acts) natural course. 136). starting from the point where the offender begins the commission of the crime to that point where he has still control over his acts including their (acts) natural course a. 32. Conspiracy in restraint of trade or commerce (Art. Objective Phase = is the result of the acts of the execution. not knowing that it was empty. What crime was committed by A. Indirect Bribery. even if completed would not amount to a crime.g. a. B and C and five unarmed men conspired to rob the Banco De Oro. serious physical injury b. Act of Execution Internal Acts = such as mere ideas in the mind of person. and shall report to the Chief Justice of the Supreme Court.Theft. Art 304. William to survive but left in comatose. Intent in committing the crime. No crime Cases where mere conspiracy is already punishable: 1. On crimes against property and chastity. Nature of the offense. c.115). EXCEPT: a. A with intent to kill.Legal Impossibility – When the intended act. Possession of picklock and similar tools as preparatory acts to an intended robbery). Which of the following is NOT a Factor in determining stage of execution of felony a. 33. Subjective Phase b. Illegal Assembly c. c. the accomplishment of the crime 30. 25. Dismiss the case and shall report to the Chief Justice of the Supreme Court. through the Department of Justice. b. fired a gun towards B. Conspiracy to commit a crime d. Internal Act d. that is. frustrated parricide c. On crimes against chastity and honor. Is that portion of the acts constituting the crime. Corruption of Public officer. Acts of Execution = punishable under the RPC Subjective Phase = that portion of the acts constituting the crime. All the acts performed would produce the felony as a consequence but the felony is not produced. a. 28. Render the proper decision. d. 24.

Proposal to commit treason (Art. for a man cannot be made to answer for the consequences of a crime unless he is guilty. Not liable for the crime of theft b. None of these 41. c. Those grounds which makes the person not imputable for the offense since there is a wanting in the agent of the crime of the conditions which make the act voluntary or negligent. A. a. informal crimes c. In case of crimes which are latter subject of special penal laws. 44. a. Defense of Stranger and Defense of Relatives. “Act of One is Act of All. 42. It is the quality by which an act may be ascribed to a person as its author or owner. 39. Justifying b. Attempted robbery D. aggravating circumstances 40. Fulfillment of a duty or in the lawful exercise of a right or office. Imputability Responsibility = the obligation of suffering the consequences of crime. Unlawful aggression. c. EXCEPT a. so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability. a. Lack of sufficient provocation on the part of the person defending himself. Acts of a person which are said to be in accordance with the law. . 115). B and C conspired to rob the Philippine National Bank in their secret safe house. a 15 year old child. 136). Self -Defense. Liability c. c. Isabela Bernales. mitigating circumstances b. Not liable for the crime of robbery. c. Charles Darwin is ____. b. light b. b. correctional c. Light felonies = those infraction of law or which is punishable by arresto menor or a fine not exceeding 200 pesos or both. Proposal to commit rebellion or insurrection (Art. exempting circumstances d. The Special law shall be supplementary to the RPC. Aggravating 43. d. Guilt = an element of responsibility. No crime was committed B. a. Accident b. Mitigating c. e. The RPC shall prevails over special laws. It implies that the act committed has been freely and consciously done and may therefore be put down to the doer as his very own. what rule of interpretation shall be applied? a. 36. a. 38. d. operatives of the NBI barged in and arrested the group. Guilt b. took the cellphone of Ms. The RPC shall be observed. b. EXCEPT. Liable for the crime of robbery. What crime was committed by A. Lack of intent on the part of the person defending himself. Acting under the impulse of an uncontrollable fear of an equal or greater injury. Liable for the crime of theft. Exempting d. Frustrated robbery 35.One who is old but has a mental development similar to children between the ages 2-7 years. formal crimes b. EXCEPT: a. Avoidance of Greater evil or injury. formal felonies d. Charles Darwin. 2. The following are the requisites for self defense. Conspiracy to commit arson under PD 1602. Under the facts no crime was committed as mere conspiracy to commit a crime is not punishable C. The following circumstances excepts the person from both criminal and civil liability. d. justifying circumstances c. Refers to crimes consummated in one instant or by a single act. reflective Capital Offense – punishable by death Grave Felonies – Less Grave Felonies = crimes punishable by correctional penalty. Imbecile.” 34. informal felonies Formal Crimes = those which does not have attempted or frustrated stage. a. Material Crimes = crimes which admits of the three stages in crime commission. Minority c. Reasonable necessity of the means employed to prevent or repel it. The RPC will be supplementary to special law. Imbecility /Insanity d. The following circumstances exempt a person from criminal liability though there is civil liability considering that there is crime committed. d. Acting under compulsion of an irresistible force. While they are planning how to commit the crime. afflictive d. Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are: a. Obedience to an order issued by a superior for some lawful purpose.6. Responsibility d. 37. B and C? A. Cases where mere proposal is already punishable: 1. e.

The criminal case will proceed and his criminal liability is not extinguished. Rape is committed aggravated by what circumstances? a. Insane persons or an Imbecile persons d. Spontaneous desistance (Art 6) b. 41. 40. However. . or (2) the conduct of the offender after its commission. Subject to Intervention Program Over 15 under 18 = age of conditional responsibility. Are those where the act committed is a crime but for reasons of public policy and sentiment. Ignominy = adding moral pain. EXCEPT: a. 40. specific c. d. Inherent = Those which comes in the commission of the crime.a woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to do something he wants her to do without concern for her rights. qualifying d. 38. Which of the following operates as an absolutory cause: a. that is the accused is deprived of reason and acts without the least discernment. Children 15 years of age below b. ignominy b. The following are exempted from criminal liability.A. forcing her. B. Somnambulism may be a cause for exemption for lack of criminal intent. there is no penalty imposed. An aggravating circumstances which generally apply to all crimes such as dwelling. inherent Generic= Those apply to all crimes. What would be the effect of his death on the case involved and on his criminal liability? A. C. d. Cycles of Violence in BWS 1. Those who are 18 years of age and above. a. Those 15 years of age and below. Tension Building Stage. a. Justifying circumstances c. Actually there will be no effect at all because his relatives will be the one to face trial and punished in case of his conviction. 43. It may be shown by: (1) The manner the crime was committed. b. D. The condition known as dementia praecox is covered by the term insanity. The couple must go through the battering cycle at least twice. X was charged before the court. 3. craft Cruelty = adding physical pain. Absolutory cause b. 6809) 18 yrs old to 70= age of full responsibility. 18 yrs old = age of majority (legal age– R. that Kleptomania is also covered is still a debatable proposition. Accessories who are exempt from criminal liability by reason of relationship (Art 20). The criminal case will be dismissed and his criminal liability is extinguished. c.characterized by brutality.one which exists when there is a complete deprivation of intelligence in committing the criminal act. nighttime or recidivism. Those who are 18 years of age. Acute Battering Incident. 15 below = age of full irresponsibility. Those who are over 15 but under 18 years of age.The batterer shows loving caring nurture to the victim. Without discernment = not liable subject to Intervention Program With discernment = can be held liable but subject to diversion program. All of these 42. destructiveness and death. Mitigating Circumstances d. using the dog-style position in the sexual act. 44. Specific = Those which are applicable to a particular crime. c. children over 15 but under 18 who acted without discernment c. Exempting circumstances PEOPLE OF THE PHILIPPINES vs. MARIVIC GENOSA 419 SCRA 542 (BATTERED WOMAN SYNDROME) Battered Wife. Who among the following incurs full responsibility upon commission of a crime? a. cruelty d.where minor battering occurs 2. generic b. e. who are subject to trial but not yet convicted. Qualifying = Those which change the nature of the crime. Is an act of sovereign power granting a general pardon for past offense and is rarely exercised n favor of a single individual and is usually granted to certain classes of persons usually political offenders. Children over 15 but under 18 who acted with discernment. Legal spouse or parent who inflicts slight physical injuries under exceptional circumstances (Art 247). 39. The criminal case will be archived to wait for his resurrection. It includes wives or woman in any form of intimate relationship with a man. During the pendency of his trial he died. Tranquil or loving phase. passion c. X raped the wife in the presence of the husband. Person exempt from criminal liability for theft swindling and malicious mischief by relationship to the offended party (Art 332).. Insanity. Discernment = mental capacity to fully appreciate the consequences of an unlawful act. So as Epilepsy may be covered by the term insanity.

Parole d. R.is a circumstance pertaining to the moral order. IGNOMINY.insidious words or machinations used to induce the victim to act in a manner which would enable the offender to carry out his design.Estafa or falsification is found guilty of any of the said crimes a third time or offener? a. FRAUD. Distierro d. recidivism. 9346 d. subsidiary penalty b. except: a. 6981 – Witness Protection. 45. conspirator 53 The following are considered as afflictive penalties. They are: a. Reiteracion b. principals b. reiteration or habituality c. Relationship in crimes against property d. Parole = a form of liberty given to a person after serving certain period of his sentenced (usually minimum term) granted by the Board of Pardon and Parole.A. REITERATION (HABITUALITY) = when the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty (under the different title). civil interdiction 56. conspirator 52. How do you call an offender who within a period of ten (10) years from the date of his release or last conviction of the crimes of Serious or Less serious Physical Injuries. habitual delinquent RECIDIVIST. habitual delinquency and d. a. a. reclusion temporal d. b. principal by direct participation c. 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. suspension d. QUASI RECIDIVIST= any person who shall commit a felony after having been convicted by final judgment. In cases wherein the commission of an offense in necessary in the commission of another it is said that the crime is: . penalty c. A form of protection rather than a penalty in cases of art 247 of the RPC. or while serving the same. reclusion perpetua c. accessory c. suspension c. death by lethal injection b. prison mayor 54. 47. 6981 b. Refers to persons who take direct part in the execution of a crime: a. a. Relationship in crimes against persons. principals by indispensable cooperation b. It is the use of intellectual trickery and cunning on the part of the accused. subsidiary penalty b. Intoxication wherein the drunk person has not intended it or not a habitual drunkard. accomplice d. 4103 R.is a circumstance characterized by trickery or cunning resorted to by the accused. Shall deprive the offender rights of parental authority or guardianship. There are four forms of criminal repetition under the Penal Code. instigators 49.A. Reprieve = an executive clemency which suspends the execution of sentenced. principal by induction d. Person who aide the felons to hide away evidences or profit from the fruits of the crime are said to be: a. before beginning to serve such sentence. The law which prohibits the imposition of the death penalty? a. Quasi recidivist d. P. Theft (hurto). A person lends Juan the bolo which was used in the murder of another person is liable as: a. principal b. accomplice d. 4103 = Indeterminate Sentence Law. motive c. Personal liability to be suffered by the convict who has no property to meet the fine. R. cooperate 51. Probation = a form of liberty granted by the court without imprisonment . except: a. suspension c.A. Commutation = is a form of clemency which has the effect of reducing the penalty imposed to a convicted person. The following circumstances are always mitigated in terms of alternative circumstances. instigators 50. Security and Benefit Program of the DOJ. Amnesty Pardon = is an executive clemency which wipes the guilt of the convicted person. thus adding to the victim’s moral sufferings.D. P.one who at the time of his trial for one crime. The desire or wish in common thing a. accessories c. a. Pardon b. shall have been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code. conspire d. Robbery (robo). 48.it involves the deliberate effort of the accused to conceal his identity in the commission of the crime. Low degree education b.A.A. quasi recidivism CRAFT. R. accessory c. Commutation c. penalty d. It is a circumstance that tends to make the effects of the crime more humiliating. civil interdiction 57. DISGUISE. R.D. civil interdiction 55. 968 = Probation law 46. A person who directly induce others to commit a crime is regarded as: a. subsidiary penalty b. 968 c. accomplice d. principal b. to carry out his design. c. Recidivist c. which adds disgrace and obloquy to the material injury caused by the crime. intent b. shall be punished by the maximum period of the penalty prescribed by law for the new felony (Art 160).

and is rarely exercised in favor of a single individual.are deductions from the term of the sentence for good behavior of the convicted prisoner. he waited for B and shot him but killed C instead. 20 years b. 20 years b. all of these 66. complex crime 58. 4 months d. Fix his penalty. By service of sentence. none of the above 67. Prision correctional medium to Prison mayor as maximum period D.the forfeiture or the loss of the right of the state to prosecute the offender after the lapse of a certain time. the crime committed by A is: a. X (as principal) committed the crime of Homicide (consummated) which is punishable by Reclusion Temporal. 89) 1. B. 2 months MODES OF TOTAL EXTINCTION OF CRIMINAL LIABILITY (Art. He pleaded guilty to the charge at the arraignment. degree b. Prision mayor (any period) as minimum to Reclusion temporal (minimum period) as the maximum period of the indeterminate penalty. compound crime d. There was one aggravating circumstance in the commission of the crime let us say “with the aid of armed men”. 10 years d. The crime of libel and other similar offenses shall prescribe in how many years? a. a. Prision mayor (minimum) as minimum to Reclusion temporal (any period) as the maximum period of the indeterminate penalty C. 1 year c. Prescription of crime. prescription d. period of penalty 60. Criminal Law Book 2 . reclusion perpetua and reclusion temporal shall prescribe in: a. An entire penalty. Those punishable by correctional penalties shall prescribe in how many years? a. 7. 4. frustrated homicide b. 6. Parole. period c. informal crime c. 4. 68. A. formal crime b. prescription d. suspension b.a contract between the president and the convict the former will release the latter upon compliance with certain conditions. Arresto mayor (any period) as minimum to Prision correctional (maximum period) as maximum period of the indeterminate penalty. Light offenses prescribe in: a. illegal discharge of firearm d. it is extinguished only when the death of the offender occurs before final judgment. By amnesty-an act of the sovereign power granting oblivion or a general pardon for past offense. and is usually exerted in behalf of certain classes of persons who are subject to trail but not yet convicted. 15 years c. period of penalty 61. By conditional pardon. 65. enumerated in the graduated scale of penalties. In so far as C is concerned the crime committed is: a. Determine his penalty.the loss or forfeiture of the right of the Government to execute the final sentence after the lapse of a certain time. It is the forfeiture or loss of the right of the state to prosecute the offender for the commission of a crime after a certain lapse of time. X (as principal) committed grave coercion (consummated) punishable by prision correctional.consists of the suspension of the sentence of a convict after serving the minimum term of the indeterminate penalty. frustrated murder c. C. B. attempted murder b. A and B had a quarrel . Marriage of the offended party under Article 344 RPC MODES OF PARTIAL EXTINCTION OF CRIMINAL LIABILITY 1. A boxed B. as to pecuniary liabilities. as to the personal penalties. Reclusion temporal as the minimum period to reclusion perpetua as maximum D. a. in determine sentence c. 10 years d.it is the reduction of the period of imprisonment of the offender or the amount of the fine. A. 5 years 63. Those crime punishable by death. a. Arresto mayor (medium period) as minimum to Prision correctional (any period) as maximum period of the indeterminate penalty. 3. 6 months c. 15 years b. 10 years d. A bought a firearms. 2. Prision mayor. 3. murder c. For good conduct time allowance. prescription of the crime c. In so far as B is concerned. degree of the penalty d. 5 years 62. None of the above. Prescription of Penalty. On Friday. A told B. 5 years 64. 15 years c. A sentence of imprisonment for the maximum period defined by law subject to the termination by the parole board at any time after service of the sentence. By absolute pardon 5. “ I will kill you this week”. 2. 12 months b. consummated homicide d. duration 59. By commutation of sentence. By the death of the convict. a. prescription of the penalty b.

Treason b. The degree of proof required to convict a person accused of treason. 616 b. Preponderance of evidence ELEMENTS OF TREASON: 1. 18 hrs. b and c . for the purpose of forcefully executing a treasonable design 2. or of notice or proceeding for the said purpose. without lawful authority and done with animo furandi and in the spirit of universal hostility (People vs. 533 d. 533 = Anti. rebellion Ways of Committing Treason: 1. The following are legal grounds for the detention of any person. committed by a person who owes allegiance to it. a. EXCEPT: a. 43 Phil.A. 19). Act. giving them aid or comfort Two Ways of Proving Treason: (1) There must be testimony of two (2) witnesses. The offender either: a. 7. or the raising of commotions and disturbances on board a ship against the authority of its commander. 2. transmitting or losing information respecting the national defense with intent or reason to believe that the same is to be used to the injury of the Republic of the Philippines or to the advantage of any foreign nation. substantial evidence c. Breach of allegiance to a government. d. P. at least to the same overt act. The offenders are not members of its complement or passengers of the vessel. 616 = An Act to punish Espionage and other similar offenses against National Security. arbitrary detention c. 4. adherence to the enemy d. 3. a and c only e. Kidnapping Classes of Arbitrary Detention: 1. 6. physical injuries. a. b. adheres to its enemies. A vessel is on the high seas or in Philippine waters.D. Unlawful arrest d. 616). PO1 Agresibo. a. treason b. escape from prison/penal institution. b. violent insanity or other ailment requiring the compulsory confinement. 2. b.2283). a. Act. Rebellion Espionage = is an offense of gathering. EXCEPT. illegal detention b. and 36 hrs. EXCEPT: a. its equipment or personal belongings of its complement or passengers 5. (Two Witness Rule) Or (2) confession of the accused in open court. The following are elements of Piracy. 3. 114 to 367 1. Whenever the pirates have abandoned their victims without means of saving themselves. there must be an actual assemblage of men. Espionage d. without legal grounds arrested and detained Mr. No. Adherence to enemy (it takes place when one intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to his country’s interest) and Aid and comfort (an act which strengthens the enemy in the conduct of war against the traitor’s country or weakens the power of the latter to attack or resist the enemy). R. 3.Catle Rustling Law of 1974. homicide. b. Whenever the pirates have seized a vessel by boarding or firing upon the same. 1 of Comm. Whenever the crime is accompanied by murder. c. The offender is either a Filipino or a resident alien. d. levies war against the government or b. Classifications of Felonies in Different Titles Arts. 532 c. The following are crimes Against National Security and Law of Nations. R. Suspetsoso and deprived said person of his liberty is liable for: a. Levying of war = it means: a. or rape. 6235 Comm. (Bouvier’s Law Dictionary. c. two witness rule d. Arbitrary Detention (art 124) =without legal grounds 2. P. c. Delaying Release (Art 126) = delay in the performance of judicial or executive order for the release of a prisoner or detainer. P. Lol-lo. et al. That the offender resist to a superior officer d.D. Piracy and mutiny c. Which of the following does NOT Qualify the crime of Piracy: a. Otherwise known as the “Anti Piracy and Anti-highway Robbery Law of 1974: a. Piracy = robbery o forcible deprivation on the high seas. (See Sec. 8. Whenever the pirates have seized the vessel on the high seas or in Philippine waters. Delay in the delivery of arrested/detained person to the proper judicial authorities (Art 125) = arrest without warrant and with legal cause but failed to deliver the person within the period of 12 hrs. commission of a crime. espionage c.A. The offenders either attack or seize that vessel or seize the whole or part of the cargo of said vessel. Vol. There is a war which involves the Philippines. Mutiny = unlawful resistance to a superior. proof beyond reasonable doubt b.D. 2 p. Act. 6235 = An Act Prohibiting Certain Acts Inimical to Civil Aviation. Comm.

A. Any public officer or employee who enter any dwelling against the will of the owner thereof. a. within how many hours should a case be filed to the proper judicial authority? a. d. 9208 –Anti-Trafficking in Person Act of 2003 R. Any of a. room or premise shall be made except in the presence of: a. murder c. 17. d. Offending religious feelings. Delays the service of the notice of such order to said prisoner. what crime was committed by the former and that of his Group? a.Torture Law of 2009 R. Under the facts given. 9745. 12 hours b. Considering that such is punishable by correctional penalty. Robinhood was arrested for illegal possession of firearms which is considered a low power gun. Interruption of religious worship. Recto Ave.Anti. All of these f. a.A. All of these 10. R. Mando N.Human Security Act of 2007 R. a. Any person who committed an act of terrorism shall be punished with an imprisonment of 40 years without the benefit of parole as stated provided under R. arbitrary detention c. 7438 – Providing certain rights of a person arrested. 4103 Otherwise known as the Indeterminate Sentence law. b. c. Violation of Domicile b. e.A. R. Bert de Leon not only confessed his membership with the Sparrow unit but also his participation and that of his Group in the killing of SPO2 Manalad while the latter was manning the traffic along C. interruption or dissolution of peaceful meetings. 24 hours d. 36 hours 12 hours = crimes which are punishable by light penalties or their equivalent. c.A. SPO1 Masinop took the same and includes the jewelry box filed with jewelry which is not included in the list of the item to be seized. Any public officer or employee refuse to leave the premises.A. Any member of his family. Any public officer or employee who search domicile without witnesses. Prohibition. sedition d. detained or otherwise under custodial investigation. Mr. b.A. b. d. Delays the performance of a judicial or executive order for the release of a prisoner. At least two (2) witnesses of sufficient age and discretion residing in the same locality. The following are acts constitute a crime of delaying release. a and b only e. Not liable for the crime of violation of domicile.A. trespass to dwelling d. Delays the proceedings upon any petition for the liberation of such person. Arbitrary detention c. 36 hours = for crimes punishable by afflictive penalty or capital punishment. rebellion b. and c 14. After having discovered the item specified in the warrant. R. Ducot. 7438 R. The Law which provides Human Security a. Which one can be committed by private person? a. This crime is committed by raising publicly and taking arms against government to completely overthrow and supersede said existing government. The following are crimes against the fundamental law of the State. 12 hours c. 9372. search the house of Mr. sedition . 18 hours = for crimes punishable by correctional penalties or their equivalent. SPO1 Masinop having authorized by a search warrant. The following are act constituting Violation of Domicile.M. coup d' etat b.A. 9372 d. liable for the crime of violation of domicile. 11. SPO1 Masinop is: a. The lawful occupants of the premise. d. e. b. as amended. Delays the filing of a criminal offense against the detainee to the proper judicial authority. 18 hours d. d. As a rule no search of house . 15. 36 hours b. 9745 c. e. c. b. 16. b and c only 13. Any public officer or employee search any papers or other effects found therein without the previous consent of the owner. R. 18 hours c. after having surreptitiously entered said dwelling and after having been required to leave the premises. Manila. expulsion 12. 9208 b. treason c. rebellion d. EXCEPT: a. 3 days 18. and shall be detained without warrant for a period not more than? a. c. liable for a crime but not on violation of domicile. It is the unauthorized act of public officer who compels a person to changed his residence or otherwise expels him from the Philippines.A. Homicide 19.9. violation of domicile b. a. May not be liable for violation of domicile.

Lourdes can be charged for in relation to Mayor Ditas? a. In applying the provisions of Article 148 and 151 of the RPC the following shall be deemed a person in authority while in the performance of their professional duties as amended by B. a Mayor of Caloocon together with engineer Pandac and Councilor Panot were surveying the land occupied by informal settlers for government projects and for their relocation. The Kilusan ng mga Ungas at Paranoid (KUP) was organized by Mr. The offender is a public officer or employee c. slapped the face of Mayor Ditas when the latter came near. whether as an individual or as a member of some court or government corporation. Acts tending to prevent meeting of the National Assembly and similar bodies (Art 143) 2. Illegal Association c. (Art 154) c. a. Public employee Agent of a person in authority = is one who. political party or group of persons organized for the purpose of overthrowing the Government of the Republic of the Philippines or for the purpose of removing the allegiance to said government or its law. with the open or covert assistance or support of a foreign power by force violence. crime against popular representation c. as amended by R. violation of parliamentary immunity b. 1985. Panot allegedly for protecting the poor laborer. The assault is committed with a weapon b. For What crime Mrs. Or any part thereof. military camps and installation with or without civilian support. by direct provision of law or by election or by appointment by competent authority. Its should be noted that the assault should be mad without public uprising 27.P. Professors d. rebellion c. Is a crime of: a. organization. stealth. Teachers b. Rebellion b. treason c. a. A police officer. or the agents of such person . Illegal assembly b. 24. rebellion Illegal assembly is a crime of having an actual meeting or assembly of armed men for the purpose of committing any of the crime under the Code and the organizer. and founders. is charged with the maintenance of public order and the protection and security of life and property. public utilities. Violation of Parliamentary Immunity (Art 145) 23. Subversive Association or Organization d. directed against duly constituted authorities. illegal Assembly R. EXCEPT: a. a. Disobedience to summons issued by the National Assembly. Direct Assault d. One of the close escort of the Mayor defend her but Mrs. EXCEPT: a. shall be deemed _____? a. intimidation. acts tending to prevent the meeting of the National assembly d. one of the resident. Judicial authority d. sedition 22. Direct assault c. directors . Disturbance of proceeding (Art 144) 3. Delivering prisoners from Jails (Art 156) .Indirect Assault. 20. the territory of the Phils. board or commission. Rebellion What about as regards to the security escort? ---. a. For what crime can they be charged? a. Lourdes also slapped him and punch as well. Any association.A> 1700 = Anti-Subversion Act P. b. coup d' etat d. Resistance and disobedience to a person in authority or the agents of such person. The following are crimes classified as public disorders. Agent of a person in authority c. Sedition b. While in Illegal Association it is the act of forming or organizing and the membership in that association which are prohibited and punished. Tumults and other disturbances of public order (Art 153) b. Lourdes. Any person directly vested with jurisdiction. Alarms and scandals (Art 155) d. treason b. 28. 26. such as barrio vice-lieutenant etc and any person who comes to the aid of a persons in authority (Art 152. leaders and the person present at the meeting are liable. Barangay Tanod Officer 30. while engaged in the performance of official functions. rebellion d. who arrested a member of congress while going to attend a senate session for a traffic violation is liable for: a. for the purpose of diminishing state power. The residence opposes with the plan. Slander by Deed c. all of the foregoing Crimes Against Popular Representation are: 1. Illegal association c. The offender lays hands upon a person in authority d. coup d' etat b. Mrs. It is a felony which in its general sense is raising of communications or disturbances in the state outside of the legal method.D> 885 = Revised Anti-Subversion Law. Indirect assault d. where in fact it was organized to form a group that would rise against the rich businessmen of their city. A swift attack accompanied by violence. coup de ‘etat d. Mrs Ditas. president and the members are liable. 25. Approved June 12. Lawyers c. 873. The following Qualifies Direct Assault. deceit or other illegal means.A. EXCEPT. The offender seriously intimidating or resisting a person in authority. person in authority b. 1978). sedition 21. unlawful use of means of publication and unlawful utterances. 29. It is committed by any person who shall resist or seriously disobey any person in authority.

What condition is said to have occurred? a. Forgeries PRESIDENTIAL DECREE No. habitual delinquency Quasi-recidivism is a special aggravating circumstances which punishes a person to the maximum period of the penalty prescribed for the new offense and it cannot be offset by ordinary mitigating circumstances although may still qualify the person for pardon upon attainment of the age of 70 years. Evasion of service of sentence on the occasion of disorders (Art 158). Forgery d. by falsely representing himself as an officer and performing under pretense of official position any act pertaining to such person. The Spanish Text reads: “que produza alarma o peligro” hence the phrase “calculated to cause alarm or danger. By breaking doors. Corruption of public official Three kinds of Evasion of Service of Sentence 1. Evasion of Service of Sentence by escaping during the term of his sentence (Art 157). By means of unlawful entry (by scaling) b. Falsification of public document b. Mario G (a sentenced prisoner). Forging and falsification are crimes under forgeries. by violating the conditions of conditional pardons (Art 159). letters. outcry Acts constituting Alarm and scandals: 1 . d. RPC) 37. substituting. 247 PROHIBITING AND PENALIZING DEFACEMENT. by leaving the penal institution where he shall have been confined. violence or intimidation. 31. Falsification b. Falsification of public document c. Delivering prisoners from jail d. None of these Note: Serious disturbances should not fall under art 131 and 132 and it shall be considered tumults when committed by more than three persons who are armed or provided with means of violence.(Chapter one Title four. counterfeiting. A convict who shall evade the service of sentence. on occasion of disorder resulting from a conflagration. 35. should be replaced with “ which produces alarm and danger” Charivari. disguise. the figures. 33.means a medley of discordant voices. 3. 2 years A deduction of 1/5 as provided by Art 98. BURNING OR DESTRUCTION OF CENTRAL BANK NOTES AND COINS. a. disturbances d. a mock serenade of discordant noises made on kettles. e. false keys. It is committed 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. While wandering about at night or while engaged in any nocturnal amusements. quasi-recidivism b. 32. as long as article 153 is not applicable. e. shall discharge any firearm. It is likewise committed by falsification through erasing. words or signs contained therein (Art 169). earthquake. Falsification by public officer. The following circumstances qualifies the crime of evasion of service of sentence: a. Who while intoxicated or otherwise. 1/5 of the remaining period of the original sentence. employee or notary or ecclesiastical minister. Mr. TEARING. It should be noted that these crimes are applicable to person who is a convict by final judgment. explosion or similar catastrophe or during a mutiny in which he has not participated and shall fail to give himself up to the authorities within 48 hours following the issuance of the proclamation by the Chief Executive announcing the passing of the calamity shall suffer an increase of 1/5 of the time still remaining but which in no case shall exceed: a. Mr Pasaway while under the influence of liquor fired a gun in the air to proclaim to the people that he is celebrating his birthday. deceit. a sister of Mr. All of these 34. or other explosive calculated to cause alarm or danger. 2. By using picklocks. MUTILATION. c. Bandido was convicted for a crime of robbery before serving his sentence or while serving the same he committed a crime of murder. c. or 4. roofs or floors. one (1) year b. shall disturb the public peace. Bribery d. Through connivance with other convicts or employees of the penal institutions. Such act constitutes____? a. Within any town or public place. Theft through falsification of a public document. Mrs Maria G. alarm and scandals c. reiteration d. Instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility 3. horns etc designed only to annoy. rocket. or altering by any means. 36. 2. gave 20K to the Jail warden to facilitate or allow the escape of her brother is guilty of what crime? a. walls. Other cases of evasion of service of sentence. . 6 months d. d. Book 2. shall cause any disturbance or scandal in public places. Evasion of service of sentence c. gates. Estafa through falsification of a public document. RPC once he gave himself up within the above period. recidivism c. windows. c. firecracker. illegal discharge of firearm b. 38. This crime is committed by any person without any distinction.. A person who counterfeits or imitate a traffic police sticker and sell the same shall be liable for a crime of: a.

have given rise to public scandal to persons who have witness the same. Machinations in public auctions (Art 185) 2. malfeasance c. d. RA 9287. by direct provision of the law. obscene publication and exhibitions d. immoral doctrines c. fraudulent designation of origin and false descriptions (Art 189). Betrayal of trust by an attorney or solicitor – revelation of secrets . falsification d. libel 42. Public officers = (as used in title Seven of this code) any person who. game fixing or point shaving and machinations in sports contests) and 449 (cockfighting law). alias b. a and c R. Refers to persons having no apparent means of subsistence but has the physical ability to work and neglects to apply himself or herself to lawful calling. or shall perform in said government or in any of its branches public duties as an employee.A. usurpation of authority c. Crimes classified as Frauds 1.the omission of some act which ought to be performed. 1602. a.D. prostitute d. which having been committed publicly. 44. Monopolies and combinations in restraint of trade (Art 186) 3. BY falsely testifying under oath. a.the improper performance of some act which should have been lawfully be done Nonfeasance. popular election or appointment by competent authority. forgery b. 483 (betting. false testimony Forms of False Testimony 1. False Testimony in other cases and perjury in solemn affirmation (Art 183) Offering False Testimony in evidence (Art 184) Two ways of committing perjury: 1.A. shall deny the truth or say something contrary to it. a. fraudulent registration of tradename. true name 40. A. 5. Unfair competitions. Misfeasance. or subordinate official. 6425 and R. or service mark.(Sept.D. Unjust interlocutory order. estafa d. False Testimony in Civil Cases (Art 182) 3. a. RA 8293 The Intellectual Property Code of the Philippines Title Five – Crimes relative to opium and other prohibited drugs (Art 190 to 194 are repealed by R. a. It s crime committed by a judge who knowingly issued an unjust order which decides some point or matter but which however.A c. 1946) = punishes usurpation of official position/functions to imprisonment of not less than two years nor more than ten years. agent. 2. perjury c. bum b. Importation and disposition of falsely marked articles or merchandise made of gold. 10 . It is committed by a person. Judgment rendered through negligence c. e. fictitious names d. trademark. a. Any other name of a person which publicly applies to himself without authority of the law. dereliction of duty Malfeasance. grave scandal b. nonfeasance b. who being under oath are required to testify as to the truth of a certain matter at a hearing before a competent authority. vagrant c.included the games of masiao and last two as illegal number games. COMMONWEALTH ACT 142 (As amended by RA 6085)ANTI ALIAS LAW 39. usurpation of official functions b. and 2. destitute 43. shall take part in the performance of public functions in the Government. misfeasance d.A. False Testimony in Criminal Case (Against or Favorable to a defendant – Art 180 and 181) 2. By making a false affidavit (note: falsely testifying under oath should not be in a judicial proceeding). silver or other precious metals (Art 187) 4.An Act Increasing the Penalties for Illegal Number Games Amending Certain Provisions of PD 1602 (Latest Law on Gambling).K. is not a final decisions of the matter in issue: a. It is the improper performance of some acts which should have been lawfully be done. which are inconsistent with P. Malicious delay in the administration of justice. Knowingly rendering unjust judgment b. are repealed. of any rank or class.the performance of some act which should not be done.Consist of acts which are offensive to decency and good customs. Substituting and altering trademarks and trade names or service marks (Art 188). 41. 9165) Title Six --Crimes Against Public Morals Art 195 (gambling) to Art 199 as well as P.

seized or deposited by public authority. Qualified bribery B. qualified bribery d. in connection with the performance of his official duty. 5. Or Mun. gift or present-an act constituting a crime. 3. Infidelity in the custody of the prisoners (Arts 223 and 224). Elements of indirect bribery: 1. Malversation of public funds B. Qualified bribery B. Physical injuries . in consideration of any offer. What crime is committed by any public officer or employee who shall agree to perform an act constituting a crime. from doing something which it is his official duty to do so. Revelation of secrets (Arts 229 and 230) b. 3. Failure of accountable officer to render accounts (Art 218). in consideration of a gift or promise. promise. Prevaricacion or negligence or tolerance in prosecution Acts Constituting Direct Bribery 1. Prevaricacion Public Officer Experts. The following are crimes classified under Infedelity of public officers: a. in connection with the performance of his official duty. gift or present received by such officer. or through abandonment or negligence shall permit another person to take public funds or property. A. Direct bribery C. funds. 2. The offender is a public officer. promise. direct bribery c. Gifts are offered to him by reason of his office. Illegal use of public funds or property (Art 220) – technical malversation. Direct bribery D. Indirect bribery C. This is committed by an accountable public officer who. Prov. 2. Direct bribery C. A. promise. in any capacity whatever. Malversation by appropriating. (Art 217) 2. Indirect bribery D. Conniving with or consenting to evasion (Art 223).Interlocutory order = is an order issued by the court between the commencement and the end of the a suit or action and which decides some points or maters. in dereliction of the duties of his office. or shall tolerate the commission of offenses. (Bouvier’s Law Dictionary) 45. Failure to make delivery of public funds or property (Art 221). Accepts a gift in consideration of the execution of an act which does not constitute a crime. Evasion through negligence (Art 224) 3. d. Embezzlement Crimes of Malversation: 1.Any public officer who is entrusted with law enforcement who refrain from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/ or death in consideration of any offer. shall maliciously refrain from instituting prosecution for the punishment of violators of law. Infidelity in the custody documents (Arts 226 to 228). A. a. personally or through the mediation of another. Prevaricacion or negligence or tolerance in prosecution of offenses 46. Administrator or depository of funds or property. or by performing. Technical malversation D. in connection with the performance of his official duties.4. or by refraining. attached. He accepts the gift 47. . Possession of prohibited interest by a public officer d. in consideration of any offer. revenue or property. misappropriating or permitting any other person to take public funds or property. gift or present. Prohibited transaction c. Agrees to perform. Maltreatment of prisoners D. Failure of a responsible public officer to render accounts before leaving the country (Art 219). 3. This one is committed by public officers or employees who. Police brutality B. or shall misappropriate or shall consent. but which however.It is a crime committed by any appointed public official who shall who become interested in any transaction within his territory. A. Private individuals who. subject to his jurisdiction during his incumbency. a. Fraud against public treasury b. even if such property belongs to a private individual 50.(fugitive) 51. is not a final decisions of the matter in issue. arbitrators and private accountants Guardians and Executor 49. all of these Crimes under infidelity in the custody of prisoners: 1. bribery b. Sadism C. Private persons who may be liable under Arts 217 to 221: a. 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. Escape of prisoner under the custody of a person not a public officer (Art 225) The prisoner herein mentioned is either sentenced or detainee. b. c. 2. indirect bribery 48. have charge of any national. shall appropriate. Agreeing to refrain.

For what crime Benny can be charged? a. After 3years from of being husband and wife. who make the selection of arms and fix all other conditions. whether right or wrong. brigandage d. what crime was committed? a. 53. stolen item d. grave coercion d. Sexual harassment C. a. tumultuous affray d. Refers to a crime committed by any person who threatens another with the infliction upon the person. A genuine key stolen from the owner is considered as a: a. parricide c. daughter. adduction 64. abortion d. Rotsa got married to Ms.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. infanticide b. a. slight illegal detention 65. illegal detention c. violence or intimidation to do something against his will. It is a felony wherein a person compels another by means of force. Abuse of authority Case Situation: Benny B. What if it is the father of Benny who killed the infant? 56. duel c. parricide 58. homicide b. a. murder d. a. A private individual who detains another for the purpose of depriving the latter of his liberty for more than three days is guilty of: a. graver coercion d. It includes human conduct. Benny had an illicit relation with Ms. Committed by a man having a carnal knowledge with a child less than 12 years old. It is the talking of personal belonging to another. arbitrary detention d. light threat b. hot item c. a woman cutting the penis of a male lover to deprive the latter of its true. Ang (a neighbor). which although not productive of some physical or material harm would annoy an innocent person. e. slight physical injury 63. light coercion 68. riots 59. what crime is committed? a. grave threat b. intentional abortion b. abortion c. duel c. light threat c. graver coercion d. graver coercion d. mutilation 62. a. causing the latter to be absent from work for two weeks? a. To cover their illicit relation. light threat c. Abuses against chastity D. homicide b. mutilation 61. robbery b. Pining or the father of Benny? 57. who gave birth to child (C). serious physical injury d. Takes place whenever a person is killed during a confusion attendant to quarrel among the several persons not continuing a group and the perpetrators cannot be ascertained. is committing. 70. What if it is Pining who killed the infant? 55. A stole thing from a locker by means of the key of the owner. a. Benny intentionally killed his illegitimate infant at its 72 hours age. husband punched and kicked his pregnant wife causing the death of their unborn child is guilty of: a. serious illegal detention b. Any person who by means of violence shall seize anything belonging to his debtor for the purpose of applying the same to the payment of a debt. unintentional abortion 60. Malou. light threat c.52. false key b. honor or property of the latter or of his family of any wrong amounting to a crime. estafa 72. acts of lasciviousness c. rape b. tumultuous affray d. What if the infant is only two (2) days old? What crime is committed by Benny. light coercion c. a. possession of pick locks . A. parricide c. sister or relative within the same degree by affinity of any person in the custody of a warden or officer. illegal detention b. It is the violent expulsion of a human fetus from the maternal womb of birth which results in death. grave threat b. picklock 73. physical injuries 66. A formal and regular combat previously concerted between two parties in the presence of two or more seconds of lawful age on each side. murder d. or using force upon anything. Pining Garcia. Pining learned about Benny’s relation with Ms. light coercion 69. Malou W. they were not blessed with a child. or intimidations upon things of any person. What crime is committed by person who assaulted another. unjust vexation d. murder c. assaulted the latter for the purpose of delivering his victims to the jailer is guilty of what crime? a. with intent to gain by means of violence against. light coercion. unlawful arrest d. grave threat b. light threat c. less serious physical injury b. light coercion 67. riot b. a. mutilation c. infanticide 54. grave threat b. illegal arrest c. theft c. a. It is the lopping or clipping off some part of the body. When a threat to commit a wrong not constituting a crime is made by another. seduction d. Acts lf lasciviousness B.. physical injury b. a. graver coercion 71.g. A person who got into a dispute with another. theft c. death caused by tumultuous affray d.

Consented Abduction: 1. 81. malicious mischief d. Malicious mischief d. That she must be over 12 but under 18 years of age. adultery b. That she must be over 12 but under 18 years of age. 2. Alfred directed his employee Luz to deliver several pieces of jewelries to his Mother whom he had misunderstanding. Forcible Abduction : 1. 2. none of the foregoing 84. kidnapping c. acts of lasciviousness d. robbery c. usurpation b. 4. 3. White Slave Trade = engaging in the business of prostitution . pawned the said jewelries to a pawnshop and misappropriated the same. That the abduction is against her will. Swindling b. adultery b. Altering the place of a mojon in the lot to insure that the property would be larger when surveyed is a crime of: a. concubinage c. A married man who allows his paramour to live in their conjugal dwelling is liable for what crime? a. brigandage d. revenge or other evil motive. abduction b. That it is committed by means of deceit. robbery b. 3. 4. Committed by any person who with intent to gain but without violence or intimidation of persons nor force upon things shall take personal property of another without latter's consent. 2. malicious mischief 85. That the taking away of the offended party must be with lewd designs. seduction 80. That the offended party must be a virgin. A crime committed by more than three armed malefactors who form a band for the purpose of committing robbery in the highway or kidnapping persons for the purpose of extortion or to obtain ransom. or enlisting the services of women for the purpose of prostitution. Conviction of acts of lasciviousness is not a bar to conviction of forcible abduction. single or widow. A housemaid who was caught in the act of carting away the furniture of her employer would be charged of what crime? a. Pedro was able to have carnal knowledge with his girlfriend by promising the latter with marriage. Which of the following crimes does not operates as an absolutory cause which could serves as an exemption against members of the family from criminal liability in crimes against properties. acts of lasciviousness d. That the abduction is with lewd design. 4. theft 76. rape b. it is the willful damaging of another 's property for the sake of causing damage due to hate. The latter however. estafa Qualified Seduction: 1. a. That the offender has sexual intercourse with her. acts of lasciviousness 83. theft 75. confidence or relationship on the part of the offender. A person who ripped the dress of a woman and placed his penis over the woman's genital organ is liable for what crime? a. Simple Seduction: 1. adultery b. Qualified seduction of sister or descendants. That there is abuse of authority. concubinage c. acts of lasciviousness d. estafa c. or for any other purpose to be attained by means of force & violence. seduction c. profiting by prostitution. Attempted rape is absorbed by Forcible Abduction as the former constitute the element of lewd design. That the taking away of the offended party must be with her consent after solicitation or cajolery from the offender. seduction c. robbery b. concubinage c. That the offender has sexual intercourse with her. qualified theft d. a. That she must be over 12 but under 18 years of age. chattel mortgage 79. Forcible abduction. 2. b. theft b. Lewd acts committed upon person of either sex not amounting to rape by using force or intimidation. 3. theft c. seduction 82. What crime was committed by a married woman having carnal knowledge with a man not her husband? a. brigandage d. 2. . chattel mortgage d. Robbery b. estafa 77. seductio. 3. That the offended party is a virgin. robbery d. swindling b. a. a. theft c. what crime was committed? a. altering boundaries or landmarks 78. destruction of property c. a. Acts of lasciviousness against the will of the offended party. robbery d. That the person abducted is a woman. That she must be of good reputation. forcible abduction d. acts of lasciviousness d. 3. kidnapping c. Crimes Against Chastity where age is immaterial: 1. or sister or descendants. possession of false key 74. What would be the proper offense committed by Luz? a.

territory 3. Complaint and information can be amended as to ______ after plea and during the trial with leave of court and without causing prejudice to the rights of the accused. Complaint b. Jurisprudence c. institutes the civil action prior to the criminal action b. A petition for suspension of criminal action upon the pendency of a prejudicial question in a civil action may be filed: a. b. MTCC. a. subscribed by Offended party. It refers to the authority or power to hear and decided cases. a. any peace officer of public officer in charged of enforcement of the law violated filed either to the court or to the office of the prosecutor. Mixed c. Extent of penalty b. jurisdiction d. 13. territory d. Upon discovery of the crime by the offended party or peace officers or their agent. It is the authority to hear or try a case for the first instance. Sworn statement. It is that system of criminal procedure which is conducted either at the initiative of the public prosecutor or the offended party and the right to appeal are limited to the defense. Civil action arising from the offense is deemed instituted with the criminal action unless: a. affidavit 11. Exclusive jurisdiction d. and the cognizance of which pertains to another tribunal. In criminal cases. Upon escape of the accused d. EXCEPT: a. rules of court B. Inquisatorial b. before arraignment d. It refers to the geographical division or territorial limit where the power of the court is exercised and which is jurisdictional in criminal case. This is the rule on: a. All of these 17. offended party waives the civil actions c. concurrent jurisdiction b. more than four years. Where the penalty is six months imprisonment. 1379 9.A. court 4. Is that which in a case the resolution of which is a logical antecedent of the issue involved therein. Where the penalty foes not exceed six (6) months imprisonment. Upon re-appearance of the accuse 12. It is the system of criminal procedure which is characterized by secrecy of investigation and the option of the defense and prosecution to appeal. a.A. Prejudicial question c. Mixed c. substance d. what determine the jurisdiction of court. appellate jurisdiction 6. Venue b. Exclusive jurisdiction d. a. Venue b. Jurisprudence d. Abduction c. Jurisdiction c. Duplicity of offense b. Seduction d. a. It is defined as a method fixed for the apprehension and prosecution of person alleged to have committed a crime. preliminary investigation b. Preliminary investigation is conducted on cases punishable by: a. Person accused c. Criminal jurisprudence d. reserves the right to instituted it separately d. none of these 16. before plea 18. inquest proceeding d. EXCEPT: a. a. R. 7691 b. before the prosecution rests. Criminal procedure c. c. A. BP 129 d. form b. c. Prescription of offense commence to run: a. Pleadings c. Violation of rental laws b. b. and should be held for trial. Prejudicial question b. Adultery and Concubinage 14. It is the sole authority to hear cases to the exclusion of the others. Original jurisdiction c.rulesof procedure 2. The law expanding the jurisdiction of the MTC. Inquisatorial b. substance and form c. continuing crime 15. custodial investigation 19. two months and one day . Complex crime c. Violation of traffic laws d. before preliminary investigation b. appellate jurisdiction 5. Upon filing of cases in court c. Information d. a. 8493 c. compound crime d. Rape b. at least four (4) years. a. a. custodial investigation 20. two (2) months and one (1) day. fixed 7. accusatorial d. Original jurisdiction c. a. concurrent jurisdiction b. preliminary investigation c. R. Is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof. R. fixed 8. accusatorial d.A. Complaint or Information shall charge only one offense. subject matter 10. inquest proceeding d.Criminal procedure 1. MCTC. The following are cases covered by rules on summary procedure EXCEPT: a. a. The following offenses cannot be prosecuted de office without a complaint first filed by the offended party.

After the filing of the Complaint or Information in court without a preliminary investigation within how many days an accused person upon knowing the filing of said complaint may ask for preliminary investigation? a. c. before conviction by the Regional Trial Court. parole c. 5 days d. 5 days b. custodial investigation b. d. upon preliminary investigation 37. crime punishable by reclusion perpetua to death b. In People v. a. c. . Pinzon under what Constitutional Mandates an arresting officer should inform the person to be arrested of his rights? a. in flagrante de licto c. from sun dust till dawn 30. 38. one day and above 21. Upon conviction by the RTC exceeding 6years but not more than 20 years when there is undue risk that he may commit another crime during the pendency of the appeal. When the crime was committed in the presence of the arresting officer. When the person to be arrested is an escapees. upon conviction by the Regional Trial Court. b. 7438 d. 20 days d. and e. no fixed duration b. Bail is a matter of right under the constitution. Art III Sec. a and c 22. The following person are authorized to conduct preliminary investigation.A. jurisdiction d. a. R. 10 days b. interview d. 15 days c. Before or after conviction by the metropolitan. National and Regional state prosecutors. instigation c. In flagrante delicto means ______? a. on the merits d. When the crime was in fact been committed and there is personal knowledge based on probable cause that the person to be arrest has committed it. Investigation c. Rule 115 31. crime punishable by reclusion perpetua or life imprisonment when evidence of guilt is strong. 5 days 27. Within how many days upon the date of execution of a warrant of a arrest the person charged with its execution shall report to the court which issue such warrant when arrest was not been made? a. 10 days b. 30 days c. It is a security given for the temporary release of a person in custody of the law. Municipal or Municipal circuit trial court. interrogation 33. No fixed duration 26. inquest c. b. Crime punishable by life imprisonment c. less than four years. six years. warrant c. Arrest b. EXCEPT: a. bail b. 20 days c. 10 days d. d. At day time d. none of these 36. c. Under what circumstances arrest can be made even without a warrant? a. need to have 32. Upon conviction by the RTC not punishable by reclusion perpetua or life imprisonment. Entrapment d. Lifetime of search warrant? a. caught in the act b. caught after commission d. Should always have d. Miranda Doctrine c. Provincial and city prosecutors and their assistants. 30 days c. seizure 24. EXCEPT: a. Entertainment 28. 20 days d. When making an arrest the arresting officer ____________the warrant of arrest in his possession? a. conditional pardon 35. 30 days 23. When Bail is a matter of right? a. In absentia b. 34. Upon conviction by the RTC exceeding 6years but not more than 20 years who is a recidivist. Validity of the warrant of arrest? a. 10 days 25. two months and one day d. a. It refers to the questioning initiated by law enforcement officer after a person has been taken into custody. At night time b. Need not have c. d. entrapment 29. When arrest may be made? a. All of these b. c. Trial ________ may proceed in case the accused person failed to appear at the trial without justification and despite due notice. a. may sometime have b. fine d. crimes punishable by death d. Judges of Metropolitan Trial Court b. 12 b. Is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. Judges of the Municipal Trial Courts and Municipal Circuit Trial courts. a. At any time of the day and night c. When bail is a discretionary? a. Instigation b. It refers to the ways and means of trapping and capturing the law breakers in the execution of their criminal plan. c.

Hornbook doctrine d. a. there exist a prejudicial question. Plea of guilty to lesser offense C. Plea of guilty to non-capital offense. a plea of ____ shall be entered. Public Attorney’s Office d. double trouble d. Provisional dismissal of offense punishable by imprisonment not exceeding six years or a fine of any amount or both shall become permanent after _______. stipulation of facts c. b. under the existing law at the time of its commission and at the time of the application for admission to bail may be punished with death. 10 days c. Bail shall automatically be cancelled upon: a. Less grave c. This motion is known as: a. 5 days 47. The following are kinds of bail. Double trial c. capital offense b. A petition for review of the resolution of the prosecutor is pending either at the DOJ or office of the President. acquisitive c. dismissal do the case d. warrant of arrest 46. a. It is the rule which states that if the inculpatory facts and Circumstances are capable of two or more interpretation. a. 20 days d. Double dribble 54. Property Bond c. It is the loss by the state of the right to prosecute and punish or the termination of the power to prosecute or punish the offender after the lapse of certain definite period from the commission of the offense. 15 days c. EXCEPT a. 30 days b. one year b. How many days is given to an accused person to prepare for trial after a plea of not guilty is entered? a. acquittal of the accused c. a. It is the danger of being prosecuted for the same offense for the second time. motion for clarification d. 39. one which is consistent with the innocence of the accused and the other consistent with his guilt. 5 years d. c. Pre trial conference d. Unless shorter period is provided by special law or Supreme Court circular. Prescription of crime b. 15 days c. The constitutional presumption of innocence should tilt the scale in favor of the accused and he must be acquitted. or they are evenly balanced. d. 30 days d. Equipoise rule b. all of these 43. extinctive 53. 30 days b. b. plea of guilty to capital offense. None of these 41. When the maximum penalty to which the accused may be sentenced is destierro. If An accused person who refuses to plead. 60 days 42. motion for postponement 50. Presumption of guilt c. the arraignment shall be held within ___ days from the ate the court acquires jurisdiction over the person of the accused. 60 days 56. d. due process of law 44. Upon conviction by the RTC exceeding 6years but not more than 20 years who has previously escaped from legal confinement. 4 years 55. prescription of penalty d. he shall be released after____ of preventive imprisonment: a. admission by silence c. 60 days 58. double jeopardy b. Is an offense which. Motion to quash b. Counsel de officio c. Plea bargaining b. Grave felony 40. counsel de parte b. 180 days 57. 20 days c. 15 days d. 20 days c. 30 days b. guilty d. nolle prosequi c. 20 days d. Cash Bond b. The accused appears to be suffering from unsound mental condition. Corporate surety bond d. subpoena duces tecum b. all of these 49. bill of particulars 52. trial proper . d. All of these 51. motion for bill of particular c. arraignment shall be suspended on the following grounds: a. 2 years c. a. motion to dismiss b. A move for the annulment of the criminal charge made by an accused is: a. execution of the judgment of conviction b. 30 days b. subpoena ad testificandum d. The trial of a case shall commence with ___ days from receipt of the pre-trial order? a. 15 days d. heinous crime d. a. Refers to the counsel provided by the government to assist destitute litigant? a. When the complaint is vague. none 48. subpoena c. Motion to dismiss d. When reception of evidence in necessary under the following circumstances: a. Recognizance e. 15 days b. It is one of the grounds for motion to quash. It is a process directed to a person requiring him to attend and to testify or to bring with him any books or documents under his control at the trial of an action. Within how many days after arraignment and from the date the court acquires jurisdiction over the person of the accused shall order a pre-trial conference? a. a. a. This is a mandatory proceeding in criminal cases wherein the court shall set after arraignment of the accused? a. the accused may file a motion alleging among others the defect of the complaint or information and the details desired in order to enable him to properly answer and prepare for trial.National Prosecution Office 45. Upon motion of the proper party. Not guilty b.

support person d. 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. It is the finding of not guilty based on merits or that the evidence does not show that t\his guilt is beyond reasonable doubt. Demurrer to evidence c. at the arraignment and plea. Testimonial aids c. guardian ad litem b. 62. cross. prosecutor b. a. civil or criminal. clear and convincing d. plea bargaining d. a. on its own initiative after giving the prosecution an opportunity to be heard. rebuttal and surrebattal c. b. trial c. Judgment becomes final when? a. Which of the following cannot be filed after judgment of conviction becomes final. drawings. It is the judicial examination and determination of the issue in an action or proceeding. at the promulgation of sentence. promulgation of judgment d. When he applied for probation. re-cross. Prosecution. in open court. testimony 63. the period for perfecting an appeal lapse. b. a and b b. 60 days b. Which of the following is a ground for discharge of an accused to be state witness: a. Refers to items such as dolls. when the accused waived in writing his right to appeal. Prosecution. e. during the trial whenever necessary for identification purposes. The trial court has how many days from the first day of trial to terminate the same? a. puppets. dismissal b. After the prosecution rest its case. It is a type of a question that can be allowed in all stages of examination of a child. 150 days 60. a. unless for a light offense. motion for new trial c. re cross d. acquittal c. Motion for reconsideration d. b. All of these 75. facilitator c.59. motion to dismiss (demurrer to evidence) b. a. a. all of these 61. Emotional security items b. when the sentenced is partially of totally satisfied or served. Is the person chosen by a child to be present or to accompany him to testify or to attend the trial to provide emotional support. 365 days c. a. termination 67. a. Secretary of DOJ c. 180 days d. deposition d. suspension b. preponderance of evidence 72. The order of trial is: a. a. errors of law or irregularities during the trial c. re-direct b. accused. d. c. b. evidence c. interpreter 64. conviction c. produces absolute certain. acquittal d. acquittal d. support item d. affidavit b. Solicitor General . c. The trial of a case can be made in absentia except on the following circumstances: a. It is the testimony of a witness taken upon oral question or written interrogatories. leading questions b. Which is a ground for new trial? a. d. motion for reconsideration d. pre-trial b. Direct. all of these 68. motion for new trial 69. conviction c. said accused has not been convicted of a crime involving moral turpitude d. Proof beyond reasonable doubt b. there is absolute necessity for the testimony of the accused. none of these 65. and reduced into writing and duly authenticated. the accused person may move for the dismissal of the case on: a. misleading d. It is the degree of proof which does not excluding the possibility of error. Direct. Who represents the State in an action for appeal? a. appellant d. MOral certainty only is required. d. a. Relevant c. none of these 76. all of these 74. redirect. The discharge of accused to be state witness operates as ____? a. c. new and material evidence has been discovered. judgment c. rebuttal and surrebattal. narrative 66. rendition of judgment b. cross. judgment 70. mannequins or any other appropriate demonstrative device to assist him in testimony. judgment 73. if the same will further the interest of justice. said accused does not appear to be the most guilty. cross. conviction 71.

EXCEPT? a. Regional State Prosecutor b.7438 b. except: a. b and d 84. property bond c.A. c.A. 8493 d. R.7348 c. Property subject of search and seizure. the following officers are authorized to conduct preliminary investigation except? a. Stolen or embezzled and other proceeds or fruits of the offense. What is the effect of death of the accused in civil actions? a. bill of particular b. who subscribe and information? a. d. supporting evidence 88.A. In a criminal case. a. within 30 days c. demurred to evidence 87. d. Crimes committed in violation of Act 3019. witness affidavit b. corporate surety d. recognized 93. Public Attorney's Office e.A. 2. within 5 days 78. making crime prosecutable even without a complaint filed by the offended party? a. however. any time of the day and night d. Provincial and City Prosecutor c. detailing and investigating officer. 9283 c. R. Accused b. R. 8353 b.A. Appellee d. b. In what instances can a civil action for recovery of civil liability can be separated? a. Demurrer to evidence may be filed by a party to a case a. in the day time c. Judge MTC/MCTC d. R. chapter 2. Prosecutor c.A. motion to dismiss d.77. 1379 and section 2. 80. When an appeal shall be taken? a. right to live 86. 1. c. after trial b. Under the Rule 115 of the Rules of Court. appellant b. the following pleading are prohibited except: a.3478 85. 14 and 14-A. Book two of the RPC b. When the institution of the civil action is made prior to the criminal action. When search must be made? a. c. counter-affidavit c. When the offended party reserves his right to institute the civil action.A. within 15 days d. Witness d. When the offended party waives the civil action. an accused cannot be compelled to be a witness against himself. offended party c. The party appealing the case shall be called? a. a detainee may be release on bail in the following manner. answer d. R. R. all of these 91. after the defense has rested its case d. This principle also known as: a. after the prosecution had rested its case . None of these 89. A complaint or information have the same legal content.7834 d. performance bond b. Under the Rules on Summary Procedures. Used or intended to be used as the means of committing an Offense. Crimes committed by public official in relation to their office d. respondent 82. the respondent may submit the following except: a. Plaintiff b. It is the law which classifies rape from crime against chastity to crimes against person. in the presence of two witnesses 81. only during sunrise b. all of these 92. A Special Law which defines certain rights of accused. rights against self-incrimination d. Firearm. Pursuant to section 2 of Rule 112 of the Rules of Court. after arraignment c. b. b. R. R. 7055 90. It extinguish the civil liability arising from delict. Victim 83. defendant 79. Except. rights against illegal arrest c. Subject of the offense c. accused c.A. the case shall be dismissed without prejudice to any civil action the offended party may file against the estate of the deceased. In preliminary investigation. detained or under custodial investigation as well as duties of the arresting. If the accused dies before arraignment. title VII . R. a. Pursuant to Rule 114 of the Rules of Court. Civil liability arising from the offense charged is deemed instituted upon the filing of criminal action in court as provided by Rule 111 of the Rules of Court. defendant d. they differ as to who subscribe to it. the right to presume innocent b. motion to quash c.A. within 10 days b. civil and criminal cases filed pursuant to and in connection with executive order nos. the People of the Philippines is the ____? a. d. Independent civil action instituted may be continued against the estate or legal representative of the accused. The following cases committed by public official with salary grade 27 and above fall under the exclusive jurisdiction of the Sandiganbayan.

Office of the President c. partly true b. even if the offended party were a minor. Criminal case where the penalty prescribed by law for the offense charged does not exceed six months falls under the rule on: a. before preliminary investigation b. Wholly false c. a. This statement is ____? a. Said accused does not appear to be lease guilty c. before trial 95. Wholly true c. EXCEPT: a. marking of evidence c. Office of the Prosecutor d. absolutely false 3. partly false d. Generally. summary procedure . partly true b. Wholly true c. This is statement: a. The following statement are false. before the prosecution presents evidence 97. One of the requisites in order that one of the accused nay be discharge in order to be state witness is that a. partly true 5. partly false 7. Wholly true c. before the prosecution rest its case d. Wholly false d. partly false 8. Wholly false d. before arraignment b. 10. Partly false 4. Wholly false d. The accused must personally enter his plea c. This statement is: a.D. This statement is: a. The reservation of the right to institute separate civil action shall be made: a. This statement is: a. amendment as to substance b. the complaint is filed with the : a. 1508 is repealed by the Local Government Code of 1991. partly true B. stipulation & simplification of issues 96. Partly false c. Said accused must not appear to be guilty d. All criminal action shall be prosecuted under the direction and control of the fiscal. Office of the Clerk of Court b. Partly true c. the complaint or information may still be amended in substance without leave of court. The prosecution of offenses shall be commended by filing a complaint or information A. Amendment without leave of curt before the accused pleads is allowed by the Rules of Court under the following instances EXCEPT: a. the accused may enter his plea by counsel b. P. examination of witnesses b. before the pre-trial conference c. After the accused entered his plae. The accused may questioned the legality of his arrest _____ otherwise the said accused could no longer questioned the same and that the arrest is presumed by the court as valid. the accused may excuse/waive arraignment D. wholly true d. partly false b. partly false 9. Absolutely true c b. Under the said code. amendments the downgrades the nature of the crime 98. Wholly true c. regular procedure c. before arraignment c. Wholly false d. partly true b. Said accused must appear to be innocent as char 1. The following are the matters to be taken up in pre-trial conference except: a. partly false 6. the Lupon of each barangay shall have authority to bring together the parties actually residing in the same city or municipality for amicable settlement where the offense committed is punishable by imprisonment exceeding one (1) year. This statement is: a. false 2. Said accused does not appear to be the most guilt b. Office of the Ombudsman 11. amendment as to form c. In Metropolitan Trial Courts. Partly true c. Absolutely true b. true d.94. plea bargaining d. she can initiate the prosecution for the crime of seduction. amendment that reflect typographical error d. a. The jurisdiction of the courts in criminal cases is determined by the extent of the penalty which the law imposes for the offense charged in the complaint. Criminal action may still be filed even if there is final judgment absolving the defendant in a civil action. before conviction d. absolutely false d. partly true b.. It is imperative that the officer makes himself known to the person to be arrested. The accused may be arraigned in a court other than where the case is assigned.

When it is competent c. relevancy c. Doctrine of non-suability d. It is the means. police power b. competency d. It refers to the logical and inevitable result of the evidence on record. Credible 11. affirmative c. In general. Except: a. Burden of proof 2. a. That it is the best evidence 5. competent c. Any evidence which is obtained in violation of any rights of a person will not be admissible in court. Evidence b. Clear and Convincing Evidence d. Evidence must be relevant in order to be admissible hence. No longer be prosecuted c. It must be filed in court. Evidence which are supplementary to that already given and tending to strengthen or confirm it. When it is credible d. c. the formal requisites of a complaint or information are the following . act of lasciviousness 14. The modes of making an arrest are: a. civil procedure 12. c. An additional evidence of different kind tending to prove the same facts in issue. exclusive of any other consideration. Fctum probandum b. grandparents or guardian is known as: a. factum probans d. When it has the ability to prove the facts in issue based on other related evidence. That it is material to the facts in issue d. Evidence which the witness states that he did not see or know of the factual occurrences what kind of evidence? a. by an actual restraint of the person to be arrested b. the same in all courts and in all trials and hearings b. of the moral certainty of the guilt of the accused or that degree of proof which produces conviction in an unprejudiced mind. is sufficient to sustain the proposition it supports or to establish the facts. negative b. c. a. Be prosecuted by the husband’s parents d. a. materiality b. That it is credible b. The case may: a. or to counterbalance the presumptions of innocence to warrant a conviction. Associative c. habeas corpus 16. A and c only PART IV EVIDENCE 1. if unexplained or uncontradicted. proof 3. Facts c. Substantial evidence 12. a. sanctioned by these rules of ascertaining in a judicial preceding the truth respecting a matter of fact? a. By using unreasonable force. 6. It is the essential facts constituting the plaintiff’s cause of action? a. The right of the State to initiate criminal actions in behalf of incapacitated individual with no known parents. Proof beyond reasonable doubt c. criminal procedure d. alibi 9. Evidence which has an effective influence or bearing to the question? a. material b. It must be in writing b. d. Preponderance of evidence b. It must be in the name of the People of the Phils. except as otherwise provided by law or these rules. Bigamy c. Doctrine of parens patriae c. It is that proof which. . not the same in all courts and in all trials and hearings c. positive d. b. dependent on the type of case involved d. This is anchored on what requisites of admissibility? a. EXCEPT. Is the one required to prove a criminal case. Rape d. Still be prosecuted b. Be prosecuted by the State 15. credibility 7. Relevancy is one of the requisites for admissibility of evidence which means that evidence must have such relation to the fact in issue as to induce belief in its existence or non-existence. relevant d. Commulative d. It is the ultimate facts or the facts in issue or to be proved. Corroborative b. Proof d. It must be filed with the Prosecutor’s Office D. b. By his submission to the custody of the person making the arrest. A and b only e. adultery and concubinage b. The rules of evidence shall be________________. absolutely the same in all courts and in all trials and hearings 4. 13. The other requisite is ____________? a. It is that quality of evidence which tends to influence the trier of facts because of its logical connection with the issue. That is should not be excluded for by law. The offended spouse should be the one to file the complaint in the crimes of: a. A certain husband dies before he could institute the criminal action for adultery against his wife and the paramour. collateral matters are not allowed. credible 8. When it tends in any reasonable degree to establish the probability or improbability of the fact in issue. Evidence c.

without bad faith on the part of the offeror. Documentary d. and the latter fails to produce it after reasonable notice. or by a recital of its contents in some authentic document or by the testimony of witnesses n the order stated. Testimonial c. When the original document has been lost or destroyed. Direct 19. c. one being copied from another at or near the time of the transaction. c. Matter which are of public knowledge. b. Real or Object b. before judgment d. on its own initiative or on request of a party. It must be well and authoritatively settled and not doubtful or uncertain c. destroyed or cannot be produced in court. Parole Evidence Rule 23. a. all the entries are likewise equally regarded as originals. Secondary Evidence d. Court may take judicial notice of the following in exercise of its discretion. or cannot be reproduced in court. Parole Evidence Rule d. Best Evidence 20. 15. After the trial c. It must be known to be within the limits of the jurisdiction of the court. Matters of judicial notice have three material requisites. c. Testimony of witnesses . Law of nation d. Best Evidence Rule c. Rebuttal evidence b. When can proper court. Evidence that is directly addressed to the senses of the court.The geographical divisions b. When the subject of inquiry is the contents of a document no evidence shall be admissible other than the original documents itself. 22. (c)When the original consist of numerous accounts or other documents which cannot be examined in court without great loss of time and the fact sought to be established from them is only the general result of the whole. Matters of Public Knowledge c. all such copies are equally regarded as originals. and d. Matters capable of unquestionable demonstration. upon proof of its execution or existence and the cause of its unavailability without bad faith on his part. Secondary Evidence Rule b. EXCEPT: a. a. What are secondary evidence? a. a. What are the exemptions to the best evidence rule: (a). (b)When the original is in the custody or under the control of the party against whom the evidence is offered. d. and the latter fails to produce it after reasonable notice. Secondary Evidence Rule c. e. When the original has been lost or destroyed or under cannot be produced in court. Matter ought to be known to judges because of their judicial functions. a. When secondary evidence is allowed: a. a. Best Evidence Rule b. on appeal b. declaration against interest d. with identical contents. When an entry is repeated in the regular course of business. EXCEPT. All of these 16. confession 18. Law of nature 14. Prima-facie evidence c. self serving statement b. Admission c. the offeror. a. and (d)When the original is a public record in the custody of a public officer or is recorded in a public office. EXCEPT. b. without the introduction of evidence of the following. A Certified true COPY of a document d. Preponderance of evidence d. When the original is a public record in the custody of a public officer or is recorded in a public office. When the original is under the custody or under the control of the party against whom the evidence is offered. (e) All of these 21. d. The matter must be one of common and general knowledge. b. When the Original has been lost. Sur-rebuttal evidence 13. The original of a document is one the contents of which are the subject of inquiry. This refers to the _____. may take judicial notice of any matter and allow the parties to be heard thereon if such matter is decisive of a material issue in the case? a. a. All of these 24. The following are considered original document. When the document is more than 30 years old kept in a place where it is normally to be found and not embellished by any alteration. These requisites are: a. Court shall take judicial notice. may prove its contents by a copy. Self incriminatory statement falling short of an acknowledgement of guilt made by a party in the course of the proceeding in the same case which does not require proof. When the document is in two or more copies executed at or about the same time. All of these 17. without bad faith on the part of the offeror. The measure of time b. or d. When the original consist of numerous accounts or other documents which cannot be examined in court without great loss of time and the fact sought to be established from them is only the general result of the whole.

Parol evidence Rule c. parol evidence b. to any advice or treatment given by him or any information acquired in attending to such patient in a professional capacity. or against person of unsound mind. The existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement. The following are grounds for disqualification to be a witness. Said accused has not at any time been convicted of an offense involving moral turpitude. EXCEPT: a. f. Said accused does not appear to be the most guilty. All of these 29. Husband and wife.D. The testimony of said accused can be substantially corroborated in its material points. Best evidence b. as between the parties and their successors in interest. All of these 25. Secondary Evidence 26. or d. c. a. d. or persons in whose behalf a case is prosecuted. as to any confessional character in the course of the discipline enjoined by the church to which the minister or priest belongs. e. b. Admission by privies 33. Priest –confessant. 6770 31. d.A. b. R. An Act Providing for A Witness Protection. upon a claim or demand against the estate of such deceased person or against such person of unsound mind. as to any communication received in confidence by one from another during the marriage. 6981 b. Disqualification by reason of death or insanity of adverse party (Dead Man rule). conviction of a crime unless otherwise provided by law b. during or after the marriage. As a general rule bank deposits are absolutely confidential in nature and may not examined or inquired or looked into by any person or government officials. Which of the following persons are covered by Disqualification by reason of privileged communication? a. b. On which of the following circumstances parol evidence can be accepted? a. Physician-patient. Parol Evidence c. can make known of their perception to others can be witness and the following shall not be a ground for disqualification. mistake or imperfection in the written agreement. A public officer. Declaration against interest (Dead man’s statute) c. Children whose mental maturities make them incapable of perceiving and relating what was perceived truthfully. Security and Benefit program and for other purposes. All of These 28. It refers to an evidence of oral or written statement of a party presented as evidence to modify explain or add to the terms of the written agreement. Secondary Evidence d. on any matter of fact occurring before the death of such deceased person or before such person became of unsound mind. c.749 c. There is no other direct evidence available for the proper prosecution for the offense committed except the testimony of said accused. on any communication made by the client to him. As a rule all persons who can perceived. a. a. and which would blacken the reputation of the patient. b. All of these 34.A. The validity of the written agreement. R. or his advice given in view of the professional employment nor an attorney’s secretary. Religious and political belief c. as to communications made to him in official confidence. it is considered as containing all the terms agreed upon and there can be. from testifying against an executor or administrator or other representative of the deceased person. When there is an intrinsic ambiguity.A. d. or clerk be examined. 1405 is the law which prohibits the disclosure or examination of bank deposits. 6646 d. Disqualification by reason of privilege communication d. When the terms of an agreement have been reduced to writing. There is absolute necessity for the testimony of the accused whose discharge is requested. c.A. a. The following are qualifications for discharged of a person to be state witness. b. Parole Evidence rule 27. It is the rule which disqualifies a parties or assignors of parties to a case. R. a. and perceiving. The Failure of the written agreement to express the true intent and agreement of the parties thereto. EXCEPT: . b. A recital of its contents in some authentic document e. Disqualification between Spouses by reason of marriage. All of these 30. e. stenographer. no evidence of such terms other than the contents of the agreement. P. Attorney-client. e. during his term of office or afterwards. a. c. Best Evidence Rule d. Interest in the outcome of the case d. except on certain cases filed against one another or their direct descendants or ascendants. R. f. Conviction of a crime involving moral turpitude 32. when the court finds that the public interest would suffer by the disclosure. Disqualification by reason of mental incapacity or immaturity.

except as provided by the rules of court. That several admission has been made with the same offense without the possibility of collision. a. interlocking confessions c. An offer to pay or the payment of medical. confession b. Which of the following is not part of custodial investigation. extra-judicial admission c. That the admission relates to the common object. extra-judicial admission b. d. declaration against common reputation b. admission by co-partner c. 40. declaration. a. EXCEPT: a. admission b. a. in cases of unexplained wealth. upon order of competent court in cases of briber. other direct ascendants. he made the act or declaration during the existence of the partnership of declaration. That the conspiracy be first proved by evidence other than the admission itself. self –serving statement b. may be given in evidence against him. In criminal cases 38. Res inter alios acta rule b. admission by privies 45. will be considered a plea of not guilty 39. upon written permission of the depositor. The following are the requirements in determining child’s competency as a witness EXCEPT: a. Those arising from criminal negligence (quasi-offense) c. a. the act of declaration of a partner or agent of the party is done within the scope of his authority. children or other direct descendants. confession d. confession by co-defendant 44. c. in case where the money deposited or invested is the subject matter of litigation. res inter alois acta rule 36. admission by co-conspirator d. capacity to Comprehend 41. This is embodied under what principle? a. That it has been made while the declarant was engaged in carrying out the conspiracy. hospital or other expenses occasioned by an injury. extra-judicial admission 46. declaration against interest 37. e. declaration against pedigree d. 43. Where several extrajudicial confessions had been made by several person charged with the same offense and without the possibility of collision among them. dereliction of duty of public officials. a. admission by privies d. d. re-enactment d. the partnership or agency is proved by evidence other than the act or declaration. admission by co-conspirator d. In civil cases b. b. The following are requisites of admission by co-partners or agent. b. admission by silence c. and when proper and possible for him to do so. b. a. admissible in evidence against the accused who made the plea of offer c. d. All of These 35. or omission of another. confession c. none of these 42. or participated in the commission of the crime. d. shall not be considered an plea d. extra-judicial confession d. EXCEPT: a. the fact that the statements are in all respects identical is confirmatory of the confessions of the co-defendants and are admissible against the other persons implicated therein. capacity of Observation c. in cases of impeachment. a. c. An act or declaration made in the presence and within the hearing or observation of a party who does or says nothing when the act or declaration is such as to call for action or comment if not true. capacity of Communication b. EXCEPT. or an unaccepted offer of a plea of guilty to a lesser offense is_____? a. c. A plea of guilty later withdrawn. stating or acknowledging his guilt of the offense charged. capacity of Recollection d. Parental and filial privilege. b. a. The rights of a party cannot be prejudiced by an act. The following are the requisites for the admission by conspirator. An offer of compromise is considered not an admission of any liability and is not admissible in evidence against the offeror on the following case. c. police line-up . not admissible in evidence against the accused who made the plea of offer. admission by silence of a person for not doing or saying anything when an act or declaration is said against him in his presence. res inter alios acta rule b. f. No person may be compelled to testify against his parents. admission c. Are those made by a party against himself as to relevant fact and are admissible in evidence against him. A declaration made voluntarily and without compulsion or inducement by a person.

it must be made with the assistance of competent and independent counsel. It must be made voluntary b. to be admissible in evidence against him. In order for a confession made by a suspect or accused under custodial investigation. b. it must be signed. It must be in writing and in the language known to and understood by the confessant e. That a witness can testify only to those facts which he knows of his personal knowledge. or is the confessant does not know how to read and write. f. that ism which are derived from his own perception. must comply with the following requirements: a. hearsay evidence is evidence with respect to facts of which the witness has no personal knowledge because it is derived from the knowledge or perception of others who are not called to testify. Which of the following is the Hearsay evidence rule? a.47. d. Hearsay evidence is evidence given in the authority of another person. c. It must be express and categorical d. . thumbmarked by him. hearsay evidence is not acceptable as evidence in court c. all of these 48.