Law Final Coaching PDF

## Criminal Law Review - **12. This requirement imports the degree of proof necessary to convict an accused of the crime of treason consisting of the testimony of two witnesses to the same over act.** - a. Dangerous tendency rule - b. All of the foregoing - c. Two witness rule - d. None of...

## Criminal Law Review - **12. This requirement imports the degree of proof necessary to convict an accused of the crime of treason consisting of the testimony of two witnesses to the same over act.** - a. Dangerous tendency rule - b. All of the foregoing - c. Two witness rule - d. None of the foregoing - **Ans. C** - **11. Can a husband testify against the wife in an adultery case?** - a. Yes, the privilege of marital communication rule is already abolished - b. Yes, under the law she is a competent witness - c. Yes, because crime charge is one committed by wife against he husband - d. No - **Ans. C** - **103. Assuming that the public prosecutor on the basis of the now written confession of A, who waived his right to counsel because he could not afford one, filed the information against him and the judge after trial, convicted A on the basis of his written confession. A would like to appeal his case to higher court. The appeal should be filed** - a. Within 30 days from the time A's counsel de officio who was absent of the time of promulgation receive a written copy of the judgment of conviction - b. Within 30 days from the date the case was submitted for resolution - c. Within 15 days from the promulgation of judgment - d. Within 15 days from the date of pre-trial conference - **Ans. C** - **102. Assuming that all conditions in the waiver were properly observed, A's statement will be** - a. Admissible, because A was informed of his to counsel but he could not afford to hire one - b. Inadmissible, because A must be provided with counsel free of charge - c. Admissible, because A did not insists of his right to counsel and he voluntary waived it - d. Admissible in evidence against him because all the conditions were present in the waiver - **Ans. D** - **20. What is the minimum age of criminal responsibility?** - a. fifteen (15) years old or under - b. nine (9) years old or under - c. above nine (9) years old and under fifteen (15) who acted with discernment - d. above fifteen (15) years old and under eighteen (18) who acted with discernment - **Ans. D** - **9. If Rod killed Irene, his illegitimate daughter, after taking her diamond earrings and forcing her to have sex with him, what crime/s should Rod be charged with?** - (A) Robbery and rape with parricide. - (B) Robbery, rape and parricide. - (C) Rape with homicide and theft. - (D) Rape with homicide. - (E) None of the above. - **Ans. C** - **6. After drinking a bottle of Jack Daniels, Jonjon drove his BMW sports car at high speed, rammed into a group of crossing pedestrians, and hit a traffic light post. The incident caused the death of one (1) pedestrian, serious injuries to three (3) others, and the destruction of the traffic light post. If you were the prosecutor, what would you charge Jonjon?** - (A) Homicide with serious physical injuries through simple negligence. - (B) Damage to property, serious physical injuries and homicide through reckless negligence. - (C) Simple negligence resulting in damage to property, serious physical injuries and homicide. - (D) Reckless imprudence resulting in homicide, serious physical injuries and damage to property. - **Ans. D** - **29. The following felonies do not admit of a frustrated stage, except:** - a. Rape - b. Physical injuries - c. Adultery - d. Theft - **Ans. D** ## Other Questions - **43. A person designated to assist destitute litigants.** - a. Counsel - b. Attorney at law - c. Attorney on record - d. Counsel de officio - **Ans. D** - **78. It is a portion of the execution of a crime, starting from the point where the offender begins to the point where he has still control over his acts.** - a. Objective phase - b. Subjective phase - c. Negative phase - d. Positive phase - **Ans. B** - **77. These are additional evidence of different character tending to prove the same point.** - a. Corroborative evidence - b. Cumulative evidence - c. Testimonial evidence - d. Documentary evidence - **Ans. A** - **76. These are crimes which are consummated in one single act.** - a. Material crimes - b. Formal crimes - c. Index crimes - d. non-index crimes - **Ans. B** - **75. Ancient document is a private document which is more than ___ years old, produced from a custody in which it would be naturally found it as genuine.** - a. 25 - b. 30 - c. 35 - d. 40 - **Ans. B** - **74. What is the order of reverse trial?** - a. Prosecution-Defense-Rebuttal-Submission for decision - b. Rebuttal-Defense-Prosecution-Submission for decision - c. Defense-Prosecution-Rebuttal-Submission for decision - d. Submission for decision-Rebuttal-Prosecution-Defense - **Ans. C** - **73. What is the legal term for Nighttime?** - a. Sanctuary - b. Solitude - c. Nocturnity - d. Alevosia - **Ans. C** - **72. Delivered in open court wherein the witness states that he does not know whether a fact did or did nor occur.** - a. Positive evidence - b. Negative evidence - c. Real evidence - d. Object evidence - **Ans. B** - **71. This involves the trickery and cunning on the part of the offender.** - a. Craft - b. Fraud - c. Deceit - d. Estafa - **Ans. A** - **70. Aggravating circumstances which generally apply to all crimes such as dwelling, nighttime, or recidivism.** - a. Specific - b. Inherent - c. Generic - d. None of these - **Ans. C** - **69. Criminal cases where the penalty prescribed by law for the offense charged does not exceed six months fall under the rule on** - a. Regular procedure - b. Summary procedure - c. Criminal procedure - d. Civil procedure - **Ans. B** - **68. The number of days the accused has to prepare for trial after a plea of not guilty is entered.** - a. Within 30 days - b. Within 45 days - c. Within 15 days - d. All of the above - **Ans. C** - **66. It is the loss or forfeiture of the right of the state to prosecute a crime because of the lapse of time.** - a. Prescription of penalty - b. Prescription of Crime - c. Conditional pardon - d. Good conduct allowance - **Ans. B** - **65. Refers to the family history or descendant transmitted from one generation to another.** - a. Pedigree - b. Reputation - c. Privies - d. None of the above - **Ans. A** - **64. What if the offended party is a corporation, how do you indicate it in the complaint or information?** - a. Leave it blank - b. State the name of the corporation - c. Aver it in the charge sheet - d. State the name of the owner of the corporation - **Ans. B** - **63. During the pending of his case, D died due to heart attack. His untimely death resulted in** - a. Postponement of the case - b. Suspension of the case - c. Dismissal of the case - d. None of the above - **Ans. C** - **62. What is defined as the means sanctioned by the rules of ascertaining the judicial proceeding the truth respecting a matter of fact.** - a. Evidence - b. Investigation - c. Procedure - d. Trial - **Ans. A** - **16. Requisite before recall of a witness.** - a. Leading Question - b. Misleading Question - c. Impeachment - d. Leave of Court - **Ans. D** - **13. The following statements are false, EXCEPT.** - a. The accused may enter his plea by counsel - b. The accused must personally enter his plea - c. The accused may excuse/waive arraignment - d. The accused may be arraigned in a court other than where the case is assigned. - **Ans. B** - **59. What crime exists when a single act constitutes two or more grave or less grave felonies or when the offense is necessary means for committing the other?** - a. Complex crime - b. Continuing crime - c. Compound crime - d. All of the above - **Ans. A** - **58. Are those acts and omissions committed not only by means of deceit but also by means of fault and are punishable by law.** - a. Justifying circumstances - b. Exempting circumstances - c. Felonies - d. Criminal liability - **Ans. C** - **57. In determining the probable cause, it is required that** - a. The judge must examine the complaint and his witnesses personally - b. The examination must be under oath - c. The examination must be in writing in the form of searching questions and answers - d. All of the foregoing - **Ans. D** - **56. It is a form of evidences supplied by written instruments or derived from conventional symbols, such as letters, by which ideas are represented on material substances.** - a. Real evidence - b. Documentary evidence - c. Testimonial evidence - d. Material evidence - **Ans. B** - **55. If the accused appears to be suffering from an unsound mental condition, which effectively renders him unable to fully understand the charge against him to plead intelligently.** - a. The criminal charged must shall be dismissed - b. The arraignment shall be suspended - c. The trial shall be suspended - d. All of the foregoing - **Ans. B** - **54. The following are the requisites of an information except** - a. It must be filed by the offended party - b. It must charge the person with an offense - c. It must be subscribed by the prosecutor - d. It must be in writing - **Ans. A** - **53. It is a doctrine usually applied where the police officers is not searching for evidence against the accused but nonetheless inadvertently come across incriminating objects.** - a. Waiver or consented search - b. Stop and frisk - c. In flagrante delicto - d. Plain view - **Ans. D** - **52. All persons, having organs of sense, can perceive and perceiving, and can make their perception to others, may be** - a. Witness - b. Prosecutor - c. Defense counsel - d. All of the foregoing - **Ans. A** - **92. Criminal actions requires preliminary investigation by the proper officers where the prescribed penalty at least** - a. 6 months and 2 days - b. 4 yrs. 2 mos. And 1 day - c. 6 yrs. 2 mos. And 1 day - d. 4 yrs. And 1 day - **Ans. B** - **89. It refers to the final determination by a Court of competent jurisdiction of the issues submitted to in a case such that after it is issued, the case ends if the losing party does not appeal.** - a. Interlocutory order - b. Summons - c. Subpoena - d. Judgment - **Ans. D** - **87. An extra-judicial confession made by an accused shall not be sufficient and admissible unless it is in** - a. Writing - b. Voluntarily given - c. Presence of his counsel - d. All of these - **Ans. D** - **101. A's statement is inadmissible in evidence against him because** - a. The right to remain silent cannot be waived - b. It was not made in the presence of the counsel - c. The waiver was not made in writing and in the presence of the counsel - d. It was not made in writing - **Ans. C** - **4. Out of spite and simply intending to put Gina to shame for breaking off with him, Ritchie emptied a gallon of motor oil on the school's stairway where Gina usually passed. Gina, unaware of what Ritchie did, used the slippery stairway and slipped, hitting her head on the stairs. Gina died from brain hemorrhage.**** **What crime did Ritchie commit?** - (A) Murder. - (B) Reckless imprudence resulting in homicide - (C) Homicide. - (D) Impossible crime of homicide. - (E) None. - **Ans. B** - **1. Choose the correct circumstance when a woman may be held liable for rape:** - (A) With the use of force or intimidation. - (B) When the rape is committed by two or more persons. - (C) When the offender uses an instrument and inserts it m the mouth of the victim. - (D) When she befriends and puts a sleeping pill in the victim's drink to enable her husband to have intercourse with the victim. - **Ans. D** - **Moe, Curly, and Larry were drinking and singing inside a karaoke bar when suddenly, Buboy entered the bar and without warning, immediately shot all three of them using a caliber .45 pistol.** **Thereafter, Buboy ran out of the bar to escape. Moe, Curly, and Larry died instantly due to gunshot wounds in their heads and bodies. With the help of eyewitnesses, Buboy was arrested. What is the crime?** - A. Three Counts of Homicide - B. Murder qualified by treachery - C. Three Counts of Murder qualified by abuse of superior strength - D. Three Counts of Murder qualified by treachery - **Ans. D** - **22. Parties or assignors of parties to a case, or persons in whose behalf a case is prosecuted, against an executor or administrator or other representative of a deceased person, or against a person of unsound mind, upon a claim or demand against the estate of such deceased person or against such person of unsound mind, cannot testify as to any matter of fact accruing before the death of such deceased person or before such person became of unsound mind.** - a. Marital Disqualification - b. Privilege Communication Rule - c. Parental and filial privilege - d. Dead Man's Statute Rule - **Ans. D** - **25. The offender performs all acts of execution, that would produce the felony as a consequence, but the felony was not produced, by reason of causes independent of the will of the perpetrator are the requisites of:** - a. Attempted felony - b. Frustrated felony - c. Consummated felony - d. Impossible crime - **Ans. B** - **26. It is the rule followed by the Philippines whenever a crime is committed inside a Philippine ship or airship while in a foreign territory.** - a. French Rule - b. Spanish Rule - c. English Rule - d. General Rule - **Ans. C** - **21. Rule which requires the highest grade of evidence obtainable to prove a disputed fact is the original of a document.** - a. Parole Evidence Rule - b. Best Evidence Rule - c. Original of a document - d. Secondary Evidence - **Ans. B** - **20. The person, who is authorized by law to grant probation to an accused convicted of a crime, is:** - a. President of the Philippines - b. Director of Prisons - c. Trial Court Judge - d. Jail Warden - **Ans. C** - **19. The key element in a crime of parricide other than the fact of killing is the relationship of the offender to the victim. Which one of the following circumstances constitutes parricide?** - a. Offender killing the illegitimate daughter of his legitimate son. - b. Offender killing his illegitimate grandson. - c. Offender killing his common-law wife. - d. Offender killing his illegitimate mother. - **Ans. D** - **17. When a person is lawfully arrested without a warrant of arrest involving an offense, which requires a preliminary investigation, the complaint or information may be filed without need of such investigation, provided an ___ has been conducted in accordance with existing law or procedure** - a. Preliminary investigation - b. Preliminary examination - c. Inquest - d. Fact finding investigation - **Ans. C** - **14. Is an agreement made between two or more parties as a settlement of matters in dispute?** - a. Conspiracy - b. Settlement - c. Res Inter Alios Acta Rule - d. Compromise - **Ans. D** - **31. Stage in the commission of a felony when all the elements necessary for its accomplishment and execution are present.** - a. Attempted - b. Frustrated - c. Consummated - d. Enumerated - **Ans. C** - **30. It is a legislative enactment that inflicts punishment for a crime without judicial trial.** - a. Ex post facto law - b. Bill of attainder - c. Enrolled bill - d. Expose facto law - **Ans. B** - **28. It is a law that partially or totally modifies or changes an existing law.** - a. Repealed law - b. Repealing law - c. Repelled law - c. Repelling law - **Ans. B** - **27. It is a characteristic of criminal laws that requires that they be applied to all persons who live or sojourn in the Philippine territory.** - a. Generality - b. Territoriality - c. Territorially - d. Generally - **Ans. A** - **3. Maybe defined as the security given for the release of a person in custody of law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions herein specified.** - a. Pardon - b. Bail - c. Probation - d. Parole - **Ans. B** - **5. Amelia, a famous actress, bought the penthouse unit of a posh condominium building in Taguig City. Every night, Amelia would swim naked in the private, but open air, pool of her penthouse unit. It must have been obvious to Amelia that she could be seen from nearby buildings. In fact, some residents occupying the higher floors of the nearby residential buildings did indeed entertain themselves and their friends by watching her swim in the nude from their windows. What crime did Amelia commit?** - (A) Alarms and scandals because her act of sw1mmmg naked disturbs the public tranquility. - (B) Grave scandal because she committed highly scandalous acts that are offensive to decency or good customs. (C) Immoral doctrines, obscene publications and exhibitions, and indecent shows under Article 201 of the Revised Penal Code, because her act of swimming naked is akin to an indecent live show. - (D) Amelia did not commit any crime because the swimming pool is located in her private home. - **Ans. C** - **32. It is incurred by a person committing a felony although the wrongful act done be different from what he intended to do.** - a. Felonious act - b. Offense - c. Criminal liability - c. Civil liability - **Ans. C** - **33. The condition sine-quanon or indispensable element in self defense.** - a. Provocation - b. Unlawful aggression - c. Reasonable necessity - d. Irresistible force - **Ans. B** - **34. Is an agreement made between two or more parties as a settlement of matters in dispute?** - a. Conspiracy - b. Settlement - c. Res Inter Alios Acta Rule - d. Compromise - **Ans. D** - **37. At the hearing of an application for admission to bail, the ___ has the burden of showing that the evidence of guilt is strong.** - a. Prosecution - b. Defense - c. Court - d. Bailiff - **Ans. A** - **40. How may, an ordinary citizen gives his opinion regarding the handwriting of a person?** - a. When he has testify only as to the mental and emotional state of the one who authored the handwriting - b. When it is the handwriting of one whom he has sufficient familiarity - c. When he is a questioned document examiner - d. None of the above - **Ans. B** - **41. The Judiciary Reorganization Act is otherwise known as** - a. PD 1612 - b. BP 186 - c. RA 7695 - d. BP 129 - **Ans. D** - **42. At what time may the accused move to quash the complaint or information?** - a. At any time before his arrest - b. Only after entering his plea - c. At any time before entering his plea - d. All of the foregoing - **Ans. C** - **8. Using his charms because of his movie star looks, Phil, in a movie date with Lyn, a 19-year old colegiala, kissed her on the cheek and stroked her pubic hair. Lyn shouted for help and Phil was arrested. Phil is liable for?** - (A) rape by sexual assault for using his fingers - (B) violation of the Anti-Child Abuse Law for lascivious conduct - (C) unjust vexation - (D) acts of lasciviousness -(E) None of the above. - **Ans D** - **9. What doctrine disallows evidence obtained by the police officers in an illegal searched and seizures to be used against the accused?** - a. Exclusionary doctrine - b. Miranda ruling - c. Fruit of poisonous tree - d. Silver plate - **Ans. C** - **Jenny obtained a fire insurance from YG Insurance Co. In payment of the policy, she issued a postdated check payable to cash in the amount of Php 15,000.00 which was handed to Lisa, YG's sales agent. Lisa did not remit the check to YG. Instead, Lisa deposited it in her husband's bank account, but the check was dishonored for having been drawn from a closed account.**** **What crime, if any, was committed by Lisa and, if there was any?** - A. Theft - B. Robbery - C. Impossible crime of theft - D. None - **Ans. C** - **Anna and Barbara, while working inside their sari-sari store, saw Javier and Jorge robbing an elderly woman of her purse and brutally beating her to death. Anna and Barbara immediately ran outside and, when they tried to help the elderly woman, Javier and Jorge stabbed both of them. Thereafter, Javier and Jorge ran away with the elderly woman's purse. Anna suffered one stab wound which punctured her lung, but she survived due to timely medical assistance. Barbara, however, died as a result of nine stab wounds, one of which pierced through her spleen. What is the crime committed by Javier and Jorge?** - A. Robbery - B. Murder - C. Homicide - D. Robbery with Homicide - **Ans. D** - **At arraignment, X pleads not guilty to a Robbery charge. At the pretrial, he changes his mind and agrees to a plea bargaining, with the conformity of the prosecution and offended party, which downgraded the offense to theft. The Court should therefore:** - a. render judgment based on the change of plea - b. allow the withdrawal of the earlier plea and arraign X for theft and render judgment. - c. receive evidence on the civil liability and render judgment. - d. require the prosecution to amend the information. - **Ans. B** - **100. The period within which the police officer will make his report stating the action taken by him whether the warrant of arrest was enforced or not is within** - a. 10 days from receipt - b. 10 days date - c. 10 days from its issuance - d. 10 days after the lapse of the period to execute the warrant - **Ans. D** - **99. The constitutional right to consider "a speedy, impartial and public trail" is available to** - a. Both parties - b. Accused - c. Offended party - d. None of these - **Ans. A** - **98. Within what period the warrant of arrest be executed by the police officer** - a. 10 days from its date - b. 10 days from its issuance - c. 10 days from receipt - d. 10 days application - **Ans. C** - **93. The kind of evidence addressed to the senses of the court, which is also known as the evidence of the highest probative value** - a. Oral testimony - b. Object evidence - c. Documentary evidence - d. Testimonial evidence - **Ans. B**