Question-and-Answer-COMPILATION-3000(3)_090832.docx

**CRIMINOLOGIST LICENSURE EXAMINATION QUESTIONS COMPILATION** **WITH RATIONALIZATION** Case Situation: Bong surreptitiously went into the premises of Esco. Not knowing that Esco was inside the house, he burned the house that resulted also to the death of Esco. 1. Bong is liable of what crime? a\. Arson b**.** Murder c\. Homicide d. Arson with Murder 2. However if Bong knew that Esco was inside the house and his purpose of burning is to kill Esco.What crime committed by Bong? a\. Arson b. Murder c\. Homicide d. Arson with Murder Case Situation: Marcos and Chiz conspired to kill Llanes. They mutually helped one another in abducting Llanes. Before they shoot Llanes, Marcos intentionally cut off his right ear. 3. What crime did Marcos and Chiz commit? a\. Homicide b. Murder c\. Homicide with Mutilation d\. Murder with serious physical injur 4. What if Marcos and Chiz did not cut off the right ear, instead they soak Llanes into a boiling water. What are did they commit? a\. Homicide b. Murder c\. Homicide with Mutilation d\. Murder with serious 5. What if Marcos and Chiz did not conspired to kill Llanes but they just saw the latter while walking and intentionally they shoot which resulted to the death of Llanes. What crime did they commit? a\. Homicide b. Murder c\. Frustrated homicide d. Attempted murder Case Situation: Grace and Jomar begot a child named Manuel without being married. Grace and Jomar parted their ways. Grace got married to Bong, however, they were not blessed to have a child of their own, and thus, they had legally adopted Manuel. One afternoon, Manuel killed Jomar while the latter was sleeping. 6. What crime committed by Manuel? a\. Parricide b. Homicide c\. Murder d. Infanticide 7. What if Manuel killed Grace? a\. Parricide b. Homicide c\. Murder d. Infanticide Case Situation: Allan and Grace while walking towards home were approached by Lenie. The latter who is armed with a gun declared hold-up while poking the said gun upon Allan. Lenie demanded for their wallet and gave the same to him for fear of their lives. Lenie with intent to gain, employed intimidation in taking the personal property of Allan and Grace. 8. What crime committed by Lenie? a\. Theft b. snatching c\. Robbery d. Grave Threat Case Situation: 9. Manuel is liable of what crime? a\. Robbery b. Theft c\. Malicious mischief d. snatchig 10. Supposed Manuel entered the house through the main door without breaking it since it was left unlocked and thereafter took the LCD Television of Lenie.Manuel is liable of a crime of. a\. Robbery b. Theft c\. Malicious mischief d. snatching 11. What if Manuel entered the house through the main door without breaking it since it was left opened and thereafter took the LCD Television, however, when he is supposed to leave, Lenie arrived, thus Manuel was forced to pass at the back door which was locked by breaking it. Manuel is liable of what crime? a\. Robbery b. Theft c\. Malicious mischief d. snatching 12. Supposed Manuel entered the house through the main door by opening it with the use of an ATM card to open the door lock without breaking it. Upon entry he took the LCD Television. Manuel is liable of a crime of? a\. Robbery b. Theft c\. Malicious mischief d. Robbery with Theft Case Situation: 13. What crime is committed by Mang Rodrigo? b\. property damaged d\. robbery 14. Supposing that after killing the pig, Mang Rodrigo makes use of its meat by keeping it in his refrigerator and cooked some. What crime committed by Mang Rodrigo? a\. theft b\. property damaged c\. malicious mischief d\. robbery 15. Supposed it was a Carabao that destroyed the mongo crops of Manuel. What crime committed by Manuel? a\. theft b\. malicious mischief c\. Violation of Anti-Cattle Rustling Law d\. robbery 16. Supposed after killing the Carabao Mang Rodrigo makes use of its meat by keeping it in his refrigerator and cooked some, what crime committed by Mang Rodrigo? a\. theft b\. malicious mischief c.Violation of Anti-Cattle Rustling Law d\. robbery 17. Validity of Search Warrant b\. upon serve d\. from the date receive by officer 18. Quantum of proof required whether to file an information or complaint in court? b\. personal knowledge d\. proof beyond reasonable doubt 19. If the search is illegal the things seized is? b\. irrelevant d\. admissible 20. t is the ultimate facts or the facts in issue or to be proved. It is the essential facts constituting the plaintiff's cause of action? a\. Factum probandum b\. Evidence c\. factum probans d\. factum prubans Case Situation: Alden got married to Maine Mendoza. After 4years from of being husband and wife, they were not blessed with a child. Alden had an illicit relation with Ms. Pastillas. Ang a neighbor), who gave birth to child (C). Maine learned about Alden's relation with Ms. Pastillas. To cover their illicit relation, Alden intentionally killed his illegitimate infant at its 72 hours age. 21. For what crime Alden can be charged? a\. homicide b. parricide c\. murder d. infanticide 22. What if it is Maine who killed the infant? a\. homicide b. parricide c\. murder d. infanticide 23. What if it is the father of Alden who killed the infant? a\. homicide b. parricide c\. murder d. infanticide 24. What if the infant is only two (2) days old? What crime is committed by Alden, Maine or the father of Alden? a\. homicide b. parricide c\. murder d. infanticide Case Situation: Lola A, Lola B and Lola C robbed a bank. Lola A and B entered the bank and took all the money from the teller while Lola C remains outside the bank and served as look-out. 25. Lola A is liable for a crime as? a\. principal by inducement b.principal by direct participation d.principal 26. Lola B is liable for a crime as? a\. principal by inducement b.principal by direct participation d.principal 27. Lola C is liable for a crime as? a\. principal by inducement b.principal by direct participation 28. What if Lola C who actually entered the bank and took all the money from the teller? a\. principal by inducement b.principal by direct participation 29. What if Lola A who was outside the bank and served as look-out?? a\. principal by inducement b.principal by direct participation d.principal Case Situation: Alden induces Yaya Dub, Pastillas and Vice to kill Aldub who is living on an island far from the town, in consideration of the amount of 500,000.00. Lola Dora, te owner of the only boat in the place agreed to transport Yaya Dub, Pastillas and Vice and actually transported them in a place in consideration of 10,000.00,Lola Dora agreed despite knowing the criminal purpose of Yaya Dub,Pastillas and Vice. Upon reaching the place, Yaya Dub held the hands of Aldub while Pastillas stabs Yayadub and as a result, Aldub dies. Viceremains as look-out. 30. Alden is liable for a crime as? a\. principal by inducement b.principal by direct participation 31. Yaya Dub is also liable for a crime as? a\. principal by inducement b.principal by direct participation 32. Vice Pastillas so liable for a crime as? a\. principal by inducement b.principal by direct participation 33. Lola Dora as the owner of the only boat is liable of a crime as? a\. principal by inducement b.principal by direct participation 34. What if there are several boats available to transport, Lola Dora is liable of a crime as? a\. principal b.accessories c\. accomplice 35. What if Pastillas just bury the cadaver of Aldub and he has knowledge about the crime Pastillas is liable of a crime as? a\. principal **b.accessories** c\. accomplice a\. strain theory b\. psychological theories c\. differential association theory d\. labeling theory 36. A and B one neighbors who case to play "tako" ane day, A persuaded B to steal the bike of C.In the study of criminal law what is the term used for it? a. Conspiracy b. Proposal c. Entrapment d. Instigation 37. In tumultuous affray ender Article 251 of the RPC how person may are included? a. 3 b. 8 c. 4 d. 6 38. What Quantum of Evidence required in criminal case? e. Preponderance of evidence f. Proof beyond reasonable doubt g. Probable cause h. Substantial Evidence 39. In Revise Penal Code, the intentional or malicious destruction of property by means of fire is called. i. Arson j. Combustion k. Disposition l. Murder 40. Volunteer Probation Aides may be appointed from among citizens of m. Good repute and probity n. High educational level o. Good religious background p. High social standing 41. Which of the following procedures should be observed in handling drug addicts who are incarcerated? q. 2, 3 and 4 r. 3, 4 and 1 s. 4, 1 and 2 t. 1, 2 and 3 42. Which of the following is not an element of malicious mischief? u. The damage was caused inadvertently v. The damage caused does not fall with the provisions of arson w. The offender has caused damage to the property of another x. The damage was caused deliberately 43. In special law, the imposed penalty is two years to seven years. Applying the indeterminate sentence law, how many years? y. 1 z. 2 a. 7 b. 8 44. George, the 20-years old son of a rich politician, was arrested at the NAIA arrival lounge and found positive for opium, a dangerous drug. When arrested, 15 grams of cocaine were found in his bagpack. What offense would you charge George under R.A No. 9165 (Comprehensive Dangerous Drug Act)? c. Importation of dangerous drugs. d. Possession of dangerous drugs. e. Use and possession of dangerous drugs f. Use of dangerous drugs 45. In the case of People Vs Thomas Sr, the Supreme Court in the appreciation of that a paraffin test has been held to be highly g. Accepted h. Determinate i. Sensitive j. Unreliable 46. In the Criminal Law, the Court personnel next in rank to the presiding judge in the lower court is the Branch Clerk of Court. In the absence of the judge, the branch clerk of court may hear simple case of unjust vexation. k. Possible l. No m. It depends n. Yes 47. Who among the following can apply for release under the Law on Recognizance? o. One who is charged with an offense whose penalty is three (3) years and above p. One who is charged with an offense whose penalty is Twelve (12) months and above q. One who is charged with an offense whose penalty is not morethan Six (6) months r. One who is charged with an offense whose penalty is Six (6) months and above 48. A hostile witness is one whose testimony is not favorable to the cause of the party who called him as a witness. Can leading question be asked? s. It depends t. No u. Partially v. Yes 49. What is the function responsibility of prison guards? w. Inmates health x. Prison security y. Prison\'s Interpersonal relations z. Prison industry 50. A has grudge against B. He went to the house of B and look for the latter. However, B was on vacation in the province. In his spite, he destroyed the door of B. Later on, he noticed that the door could be useful. So, he brought it to his house. What crime was committed? a. Robbery b. Maliscious Mischief c. Attempted Qualified Trespass to Dwelling d. Theft 51. What do you call the court that co-equal to the Court of Appeals? e. Sandiganbayan f. Court of first instance g. Supreme court h. Tanodbayan 52. To be eligible for the grant of conditonal pardon what portion of the sentence must have been served by a petitioner-prisoner? i. Atleast one half of the minimum of his indeterminate sentence j. Atleast one half of the maximum of his indeterminate sentence k. Atleast one fourth of the maximum of his indeterminate sentence l. Atleast one third of the minimum of his indeterminate sentence 53. Is there a complex crime when crime is committed to conceal another crime? 2 CRIMES m. It depends n. No o. Partially p. Yes 54. What is the primary purpose of the pre-sentence investigation? q. To help the judge in selecting the appropriate sentence of the offender r. To exonerate the offender s. To give the offender an opportunity to defend himself t. To assist the judge in dismissing the case 55. The following are rights of a witness under the rules of court EXCEPT: u. To be examine only as to matters pertinent to the issue v. Not to give an answer which will tend to subject him to a penaly of an offense w. To remain silent x. To be protected from irrelevant questions 56. What is meant by the concept of probation which is from the latin word \"probitio\" and had historical roots in the pratice of judicial repreive? y. Live with integrity z. Testing period a. Walk with faith b. Out of the institution 57. In the study of crime, what is the distinction, if any, between a felony and a crime? c. Crime and felony are the same d. Crime covers felonies e. No distinction whatsoever f. The source of felony is a RPC 58. Mayor saw A and B boxing each other. He approached the two and identified himself as a mayor and attempted to pacify them whereupon B attacked mayor. C, a bystander came to aid of the Mayor. Upon seeing C helping the mayor, A attacked C. What crime was committed by the one who attacked C? g. Direct assault h. Indirect assault i. None j. Physical injury 59. Level of security facility which is usually enclosed by a thick wall about 18-25 feet high, on top are catwalks in every corner, a tower post is manned by heavily armed guards: k. Maximum security facility l. Medium security facility m. Super maximum security facility n. Minimum security facility 60. Ramon witnessed the commission of a crime but he refuses to testify for fear of his life despite a subpoena being served on him. Can the court punish him for contempt? o. No, since no person can be compelled to be a witness against another. p. No, since Ramon has a valid reason for not testifying. q. Yes , since litigants need help in presenting their case. r. Yes, since public interest in justice requires his testimony. 61. What documents are attached to the Release Document of the Parolee? s. 4 and 1 t. 1 and 2 u. 3 and 4 v. 2 and 3 62. We known that the Lord Jesus Christ, our savior, was brutally crucified in the Middle East some 2100 years ago. According to our criminal/ penal law, What aggravating circumstance will you use to those who consfired in the killing? w. Abused of Superior Strength x. Conspiracy y. Intimidation z. Treachery 63. The Probation Officer and Volunteer Probation Aides undertake supervision and visitation of the probationer. However, control over the probationer and probation program is exercised by a. The Chief of Police of the place where he/she resides b. The Parole and Probation Administrator c. The Secretary of Justice d. The Court who place him on probation 64. According to the control theory, crime and delinquency result with an individuals bond to \_\_\_\_\_\_\_\_\_\_\_\_\_ is weak and broken. e. Behavior f. Police g. Law h. Society 65. Which of the following offenses may be prosecuted by a persons other than (not) the offended party? i. Abduction j. Act of lasciviousness k. Seduction l. Falsification 66. What types of questions are allowed to be asked to a witness who is unwilling to testify? m. Intelligent n. Leading o. Misleading p. Unresponsive 67. Which theory of criminal punishment holds that punishment is imposed on the offender to allow society to vent its anger toward and exact vengeance upon the criminal? q. Retribution r. Restoration s. Rehabilitation t. Deterrence 68. The following are the elements of maliscious mischief: I. The offender deliberately caused damage to property II. Such act does not constitute arson or other crimes involving destruction III. Such acts also constitute other crimes involving destruction IV. The act of damaging anothers property was committed merely for the sake of damaging it u. I, III, IV v. I, II, IV w. I, II, III x. II, III, IV 69. Who among the following may be granted conditional pardon? y. A sick prisoner, certified as such by government physician z. A prisoner who served as \"bastonero\" a. A prisoner who is sixty years old and above b. A prisoner who returned to prison after he broke his probation conditions 70. The Post-Sentence Investigation Report is submitted to court within\_\_\_\_\_\_\_\_\_. c. 10-day period d. 30-day period e. 15-day period f. 60-day period 71. Within how many days after the expiration of the period to execute the warrant of arrest that the officer to whom it was assigned for the execution shall make a report to the judge who issued the warrant? g. 10 h. 15 i. 20 j. 30 72. Which of the following is a crime against the Fundamental Law of the State? k. Espionage l. Piracy m. Treason n. Violation of Domicile; if private person- Qualified trespass to dwelling 73. The Metropolitan Trial Court convicted Virgilio and Dina of concubinage. Pending appeal, they applied for bail, claiming they are entitled to it as a matter of right. Is their claim correct? o. No, bail is dependent on the risk of flight. p. No, bail is not a matter of right after conviction. q. Yes, bail is a matter of right in all cases not invloving moral turpitude. r. Yes, bail is a matter of right in the Metropolitan Trial Court before and after conviction. 74. X went to the United States. While he was there, encountered Y an American. They eventually got married. When X returned to the Philippines, his wife Z filed an action against him for violating their marriage. What is X liable to? s. Adultery t. Bigamy u. Concubinage v. Polygamy 75. Leave of Court is required to amend a complaint or information before arraignment if the amendment\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. w. Downgrades the nature of the offense from a higher to a lower offense or excludes any accused x. Downgrades the nature of the offense from a higher to a lower offense and adds another accused y. Upgrades the nature of the offense from a lower to a higher offense and excludes any of the accused z. Upgrades the nature of the offense from a lower to a higher offense and adds another accused 76. In Criminal law and Jurisprudence, there are two acts- internal and external act. Which of the two acts is indispensable for the act to be punishable as a crime? a. External act b. Intentional act c. Internal act d. Unintentional act 77. In criminal procedure, who conducts the direct examination? e. Opponent f. PAO lawyer g. Proponent h. Prosecution 78. The system of key control in a jail includes: i. An updated system of monitoring and control of keys j. A documented inventory of security personnel k. A collector of all padlocks and keys l. An accurate listing of all keys and receipting them 79. The following are classified as crimes against chastity, EXCEPT: m. Simple Seduction n. Adultery o. White Slave Trade p. Sexual Harassment 80. The following are considered minor offenses of an inmate, EXCEPT: q. Rendering service to fellow inmate r. Failing to stand at attention and give due respect when confronted by or reporting to any officer or member of the custodial force s. Willful watse of food t. Littering or failing to maintain cleanliness and orderliness in his quarter and/or surroundings 81. The following are classified as crimes against honor, EXCEPT: u. Premature Marriage v. libel w. Incriminating innocent person x. Slander 82. A complaint may be filed by any of the following, EXCEPT: y. Offender z. The offender party a. Other public officers b. Any peace officers 83. Is there an instance where an accesory exempted from criminal liability/ c. It depends d. No e. Sometimes f. Yes 84. X tried to kill Y by poisoning. One morning, X put sugar on the food of Y thinking that it was arsenic. Instead of dying, Y suffered diabetes. In this case, the crime is not committed because the material he mixed on the foods is g. Impossible h. Inadequate i. Ineffectual j. Intentional 85. The president grants absolute/conditional pardon based on the recommendation of: k. Board of Pardon and Parole l. Bureau of Correction m. Parole and Probation Administration n. Office of the Executive Secretary 86. What law prohibits the imposition of death penalty in the philippines? o. R.A 7659 p. R.A 7965 q. R.A 8177 r. R.A 9346 87. For search to be considered as an incident of the arrest, it must be made at the place where the: s. Contraband was found t. Police station is located u. Arrest was effected v. Crime was forced 88. Bearing in mind the distinction between private and public document, which of the folowing is admissible in evidence without further proof of due execution or genuiness? w. Baptismal Certificates. x. Documents acknowledged before a Notary Public in Hongkong y. Official record of the Philippines Embassy in Singapore certified by the Vice-consul with official seal z. Unblimished receipt dated December 20, 1985 signed by the promise, showing payment of a loan, found among the well-kept file of the promissor. 89. A drug user who is placed under probation may be made to serve his sentence by the court if he a. Becomes unruly and undicipline b. Commits another offense c. He is 21 years old d. Violates any of the conditions of the probation 90. Which evidence is presented to vary the terms of a written agreement, there is the application of the\_\_\_\_\_\_\_\_\_\_\_\_evidence rule. e. Documentary f. Best g. Written h. Parol 91. X, a doctor, put a poison on the food of his wife. When she eat the food, moments later, she suffered excruciating pain in the stomach. Seeing his in agony, X got pity on his wife and administered an antidote. Thus, the wife did not die. What crime was committed by X? i. Attempted Parricide j. Frustrated Parricide k. Serious Physical Injuries l. No crime 92. Who is the Boston bootmaker who was the founder of probation in the United States? m. Sir Walter crofton n. Alexander Maconochie o. John murry spear p. John Augustus 93. A petition for the grant of basolute or conditional pardon shall be favorably endorsed to the Board by the\_\_\_\_\_\_\_\_ if the crime committed by the petitioner is against national security. q. Secretary of foreign Affairs r. Secretary of Justice s. Secretary of National Defense t. Secretary of the Interior and Local Government 94. All data gathered about the probation applicant shall be treated\_\_\_\_\_\_\_\_\_\_. u. Comprehensively v. Appopriately w. Confidentially x. Judiciously 95. Studies are conducted to determine the experiences of residents with crimes which are not usually reported to the police. What are these studies called? y. Population Surveys z. Police surveys a. Victimization surveys b. Information surveys 96. What term denotes a new or fresh trial when an appellate court sends a case back to lower court for new trial? c. Trial by publicity d. Trial by jury e. Trial by default f. Trial de novo 97. Facts already known or ought to be known by judge by reason of their office and of which they may properly take and act without proof re called matters of: g. Priveleged communication h. Judicial notice i. Pleadings j. Judgment 98. What is referred to as the reduction of the duration of prison sentence? k. Commutation of sentence l. Parole m. Absolute pardon n. Conditional pardon 99. Which among the following is a requisite before an accused may be discharged to become a state witness? o. The accused does not appear to be guilty. p. The accused has not at any time been convicted of any offense. q. The testimony of the accused sought to be discharged can be substantially corroborated on all points. r. There is absolute necessity for the testimony of the accused hose discharge is requested. 100. Choose the correct circumstance when a woman may be held liable for rape: s. When she befriends and puts a sleeping pill in the victims drink to enable her husband to have intercourse with the victim\'s. t. When the offender uses an instrument and inserts it in the mouth of the victim\'s. u. When the rape is committed by two or more person\'s. v. With the use of force or intimidation. 101. Zosimo was convicted to a prison term of prision correccional. Will he qualify for probation? w. No, his sentence is six (6) years and one (1) day x. No, his sentence is morethan Six (6) years and One (1) day y. Yes, his sentence is less than Six (6) years and One (1) day z. Yes, his sentence is three (3) years and one (1) day 102. There are four (4) acknowledged goals of \_\_\_\_\_\_\_\_\_\_\_ as follows: retribution, deterrence, incapacitation, and rehabilitation. a. Criminal intent b. Criminal mind c. Criminal sanction d. Criminal action 103. The city prosecutor charged Ben with serious physical injuries for stabbing terence. He was tried and convicted as charged. A few days later, Terence died due to severe infection of his stab wounds. Can the prosecution file another information against Ben for homicide? e. No, double jeopardy is present since Ben had already been convicted of the first offense. f. No, there is double jeopardy since serious physical injuries is necessarily included in the charged of homicide. g. Yes, since supervening event altered the kind of crime the accused committed. h. Yes, since Terence\'s death shows irregularity in the filing of the earlier charge against him. 104. Under which condition can a prisoner be immediately released provided he is not a recidivist or he had not been previously convicted 3 or more times of any crime? i. If he has been in jail for 60 days and the maximum penalty for the offense he may be found guilty of is destierro j. If he has been in jail for 30 days and the maximum penalty of the offense he may be found guilty of is prision correccional k. If he has been in jail for 30 days and the maximum penalty of the offense he may be found guilty of is reclusion perpetua l. If he has been in jail for a period equal to or morethan the possible maximum term of punishment of the offense he maybe found guilty of. 105. A science involving technical knowledge about the traces of crime is known as: m. Forensic medicine n. Physical science o. Forensic science p. Criminalistic Technology 106. To be considered an accessory, the author of the crime must be guilty of any of the following, EXCEPT: q. Murder r. Treason s. Parricide t. Infanticide 107. The following are crimes against national security and the law of nations EXCEPT one: u. Violation of neutrality v. Rebellion w. Treason x. Espionage 108. Which of the following is NOT classified as a crime committed by public officers? y. Forgery z. Official breaking seal a. Malversation b. Refusal of assistance 109. Inmates with heart diseases need to be treated with a little more care than the other inmates. Which of the following should NOT be done by a jail officer? c. Ensure that the inmates see the medical staff regularly d. Ensure that the inmates comply with his prescribed diet e. Avoid assigning strenuous jobs to the inmate f. Prescribe the medicine to the heart-patient inmate 110. The following are aggravating circumstances EXCEPT: g. Movement of the offender is restricted h. Cruelty i. Adding ignominy j. Taking advantage of superior strength 111. When taking up arms against the government was undertaken by members of the military, what law was violated? Republic Act\_\_\_\_\_\_\_\_. k. 9165 l. 7610 m. 6506 n. 6968 112. The following properties may be taken by the officer effecting the arrest, EXCEPT those: o. That may be used for escaping p. Used in the commission of a crime q. That are within the immediate vicinity r. Which are means of committing violence 113. Which authorizes the release of a detainee who has undergone preventive imprisonment equivalent to the maximum imposable sentence for the offense he is charged with? s. Batas Pambansa 95 t. Batas Pambansa 85 u. Batas Pambansa 105 v. Batas Pambansa 965 114. An advantageous result in the integration of correctional agencies is: w. More physical facilities to maintain x. More prisoners to supervise y. Divided resources such as manpower and finances z. Better coordination of services and increased cost-efficiency 115. It is the system or criminal procedure which is characterized by secrecy of investigation and the option of the defense and prosecution to appeal. a. Inquisatorial b. mixed c. accusatorial d. fixed 116. 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 and the accused presumed innocent. e. inquisitorial f. mixed g. accusatorial h. fixed 117. That law expanding the jurisdiction of the MTC, MTCC, MCTC. 118. In criminal cases, what determine the jurisdiction of court, EXCEPT: i. Extent of penalty j. Person accused k. territory l. subject matter 119. Sworn statement, subscribed by offended party, any peace officer of public officer in charge of enforcement of the law violated filed either to the court or to the office of the prosecutor. m. Complaint n. Pleadings o. Information p. Affidavit 120. Prescription of offense commence to run: q. Upon discovery of the crime by the offended party or peace officers or their agent. r. Upon filing of cases in court. s. Upon escape of the accused. t. Upon re-appearance of the accused 121. The following are cases covered by rules on summary procedure, EXCEPT: u. Where the penalty is six months Imprisonment v. Violation of traffic laws w. Violation of rental laws x. Where the penalty fees not exceed six (6) months imprisonment 122. What drugs are synthetic that stimulate the central nervous system and are commonly referred to as "uppers"? y. Amphetamines z. Naptha a. Barbiturates b. Diazepam 123. The following offense cannot be prosecuted de officio without a complaint first filed by the offended party, EXCEPT: c. Rape d. Abduction e. Seduction f. Adultery and Concubinage 124. Complaint or Information shall charge only one offense. This is the rule on: g. Duplicity of offense h. Complex crime i. compound crime j. continuing crime 125. In People v. Pinzon under what Constitutional Mandates an arresting officer should inform the person to be arrested of his rights? k. Art. III Sec. 12 l. b.Miranda Doctrine m. R.A. 7438 n. Rule 115 126. It is an Act Instituting the Comprehensive Dangerous Drugs Act of 2002, providing Funds Therefore and for Other Purposes. o. RA 9165 p. RA 1956 q. RA 9156 r. RA 1965 127. What is the penalty of planting of evidence in drug incidents? s. Reclusion Perpetua t. Life Imprisonment u. Death v. Fine 109\. Complaint and information can be amended to \_\_\_\_ after plea and during the trial with leave of court and without causing prejudice to the rights of the accused. a\. form b\. substance and form c\. substance d\. none of these 128. A petition for suspension of criminal action upon the pendency of a prejudicial question in a civil action may be filed: w. before the prosecution rests x. before arraignment y. before preliminary investigation z. before plea 129. Is that which in a case the resolution of which is a logical antecedent of the issue involved therein, and the cognizance of which pertains to another tribunal. a. Prejudicial question b. inquest proceeding c. preliminary investigation d. custodial investigation 130. 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, and should be held for trial. e. preliminary investigation f. inquest proceeding g. prejudicial question h. custodial investigation 131. Preliminary investigation is conducted on cases punishable by: i. at least four (4) years, two (2) months and one (1) day j. more than four years, two months and one day k. less than four years, two months and one day l. six years, one day and above 132. The following persons are authorized to conduct preliminary investigation, EXCEPT: m. Judges or Metropolitan Trial Court n. Provincial and city prosecutors and their assistants o. Judges of the Municipal Trial Court and Municipal Circuit Trial Courts p. National and Regional state prosecutors; q. a and c 133. 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? r. 5 days s. 15 days t. 10 days u. 30 days 134. Is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. v. Arrest w. Warrant x. jurisdiction y. Seizure 135. Validity of the warrant of arrest? z. no fixed duration a. 30 days b. 20 days c. 10 days 136. Lifetime of search warrant? 137. Within how many days upon the date of execution of a warrant of arrest the person charged with its execution shall report to the court which issue such warrant when arrest was not been made? d. 10 days e. 30 days f. 20 days g. 5 days 138. It refers to the ways and means of trapping and capturing the law breakers in the execution of their criminal plan. h. instigation i. investigation j. entrapment k. Entertainment 139. In flagrante delicto means \_\_\_\_\_? l. caught in the act m. instigation n. caught after commission o. entrapment 140. When arrest may be made? p. At any time of the day and night q. At day time r. At night time s. from sun dust till dawn 141. When making an arrest the arresting officer \_\_\_\_ the warrant of arrest in his possession? t. Need not have u. Should always have v. may sometime have w. need to have 142. It refers to the questioning initiated by law enforcement officer after a person has been taken into custody. x. custodial investigation y. inquest z. interview a. interrogation 143. Under what circumstances arrest can be made even without a warrant? b. When the crime was committed in the presence of the arresting officer. c. When the crime was in fact been committed and there is personal knowledge based on probable cause that the person to be arrested has committed it. d. When the person to be arrested is an escapees. e. All of the choices 144. It is a security given for the temporary release of a person in custody of the law. f. Bail g. parole h. fine i. conditional pardon 145. Trial \_\_\_\_\_ may proceed in case the accused person failed to appear at the trial without justification and despite due notice. j. In absentia k. in flagrante de licto l. on the merits m. none of these 146. When Bail is a matter of right? n. Before or after conviction by the Metropolitan, Municipal or Municipal Circuit trial court. o. Upon conviction by the Regional Trial Court p. before conviction by the Regional Trial Court q. upon preliminary investigation 147. Bail is a matter of right under the constitution, EXCEPT: r. crime punishable by reclusion perpetua to death s. crime punishable by life imprisonment t. crimes punishable by death u. crime punishable by reclusion perpetua or life imprisonment when evidence of guilt is strong 148. When bail is a discretionary? v. Upon conviction by the RTC not punishable by reclusion perpetua or life imprisonment. w. Upon conviction by the RTC exceeding 6 years but not more than 20 years who is a recidivist. x. Upon conviction by the RTC exceeding 6 years but not more than 20 years when there is undue risk that he may commit another crime during the pendency of the appeal. y. Upon conviction by the RTC exceeding 6 years but not more than 20 years who has previously escaped from legal confinement. 149. Is an offense which, 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. z. capital offense a. less grave b. heinous crime c. grave felony 150. The following are kinds of bail, EXCEPT: d. Property Bond e. Cash Bond f. Corporate surety bond g. Recognizance h. None of the choices 151. When the maximum penalty to which the accused may be sentenced is destierro, he shall be released after \_\_\_\_ of preventive imprisonment. i. 30 days j. 20 days k. 15 days l. 60 days 152. Bail shall automatically be cancelled upon: m. acquittal of the accused n. execution of the judgment of conviction o. dismissal of the case p. all of the choices 153. It is the rule which states that if the inculpatory facts and circumstances are capable of two or more interpretation, one which is consistent with the innocence of the accused and the other consistent with his guilt, or they are evenly balanced. The constitutional presumption of innocence should tilt the scale in favor of the accused and he must be acquitted. q. Equipoise rule r. Presumption of guilt s. Hornbook doctrine t. due process of law 154. Refers to the counsel provided by the government to assist destitute litigant? u. Counsel de officio v. counsel de parte w. Public Attorney's Office x. National Prosecution Office 155. 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. y. subpoena z. subpoena ducestecum a. subpoena ad testificandum b. d\. warrant of arrest 156. Unless shorter period is provided by special law or Supreme Court Circular, the arraignment shall be held within \_\_\_ days from the date the court acquires jurisdiction over the person of the accused. c. 30 days d. 10 days e. 15 days f. 5 days 157. If an accused person who refuses to plead, a plea of \_\_\_ shall be entered. g. Not guilty h. admission by silence i. guilty j. none 158. When reception of evidence is necessary under the following circumstances: k. Plea of guilty to lesser offense l. plea of guilty to capital offense m. Plea of guilty to non-capital offense n. all of these 159. When the complaint is vague, 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. This motion is known as: o. motion for bill of particular p. motion for clarification q. motion to dismiss r. motion for postponement 160. Upon motion of the proper party, arraignment shall be suspended on the following grounds: s. The accused appears to be suffering from unsound mental condition. t. There exist a prejudicial question. u. c\. A petition for review of the resolution of the prosecutor is pending either at the DOJ or office of the President. v. All of the choices 161. A move for the annulment of the criminal charge made by an accused is: w. Motion to quash x. nolleprosequi y. Motion to dismiss z. bill of particulars 162. 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. a. Prescription of crime b. acquisitive c. prescription of penalty d. extinctive 163. It is one of the grounds for motion to quash. It is the danger of being prosecuted for the same offense for the second time. e. double jeopardy f. double trial g. double trouble h. double counter 164. Provisional dismissal of offense punishable by imprisonment not exceeding six years or a fine of any amount or both shall become permanent after \_\_\_\_. i. one year j. 2 years k. 5 years l. d\. 4 years 165. 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? m. 30 days n. 15 days o. 20 days p. d\. 60 days 166. How many days are given to an accused person to prepare for trial after a plea of not guilty is entered? q. 15 days r. 20 days s. 30 days t. 180 days 167. The trial of a case shall commence with \_\_\_ days from receipt of the pre-trial order? u. 30 days v. 15 days w. 20 days x. 60 days 168. The trial court have how many days from the first day of trial to terminate the same? y. 60 days z. 365 days a. 180 days b. 150 days 169. The trial of a case can be made in absentia except on the following circumstances: c. at the arraignment and plea d. during the trial whenever necessary for identification purposes e. at the promulgation of sentence, unless for a light offense f. all of the choices 170. The order of trial is: g. Prosecution, accused, rebuttal and surrebattal h. Prosecution, cross, redirect, re-cross i. Direct, cross, re-cross, re direct j. Direct, cross, rebuttal, and surrebattal 171. Refers to items such as dolls, puppets, drawings, mannequins or any other appropriate demonstrative device to assist him in testimony. k. Testimonial aids l. Emotional security items m. support n. none of these 172. It is a type of a question that can be allowed in all stages of examination of a child, if the same will further the interest of justice. o. leading questions p. relevant q. misleading r. Narrative 173. Which of the following is a ground for discharge of an accused to be state witness: s. there is absolute necessity for the testimony of the accused. t. said accused does not appear to be the most guilty u. said accused has not been convicted of a crime involving moral turpitude/ v. all of the choices 174. After the prosecution rest its case, the accused person may move for the dismissal of the case on: w. on its own initiative after giving the prosecution an opportunity to be heard. x. Demurrer to evidence y. motion for reconsideration z. motion for new trial 175. It is the judicial examination and determination of the issue in an action or proceeding, civil or criminal. a. pre-trial b. trial c. plea bargaining d. Judgment 176. 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. e. judgment f. rendition of judgment g. promulgation of judgment h. conviction 177. It is the degree of proof which does not excluding the possibility of error, produces absolute certain. Moral certainty only is required. i. acquittal j. Proof beyond reasonable doubt k. clear and convincing l. preponderance of evidence 178. It is the finding of not guilty based on merits or that the evidence does not show that his guilt is proof beyond reasonable doubt. m. dismissal n. conviction o. acquittal p. judgment 179. Judgment becomes final when? q. the period for perfecting an appeal lapse. r. when the sentence is partially of totally satisfied or served. s. when the accused waived in writing his right to appeal. t. when he appealed for probation u. all of the choices 180. Which of the following cannot be filed after judgment of conviction becomes final. v. Motion for new trial w. Motion for reconsideration x. Motion to dismiss y. All of these 181. Who represents the State in an action for appeal? z. prosecutor a. Secretary of DOJ b. appellant c. Solicitor General 182. The party appealing the case shall be called? d. appellant e. accused f. Appellee g. Defendant 183. It refers to the geographical division or territorial limit where the power of the court is exercised and which is jurisdictional in criminal case. h. Venue i. Jurisprudence j. jurisdiction k. court 184. It is the authority to hear or try a case for the first instance. l. Original jurisdiction m. Exclusive jurisdiction n. concurrent jurisdiction o. appellate jurisdiction 185. It is the sole authority to hear cases to the exclusion of the others. p. Original jurisdiction q. Exclusive jurisdiction r. appellate jurisdiction s. concurrent jurisdiction 186. It is the system or criminal procedure which is characterized by secrecy of investigation and the option of the defense and prosecution to appeal. t. Inquisitorial u. mixed v. accusatorial w. fixed 187. 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 and the accused is innocent. x. inquisitorial y. mixed z. accusatorial a. fixed 188. In criminal cases, what determine the jurisdiction of court, EXCEPT: b. Extent of penalty c. Person accused d. territory e. subject matter 189. Sworn statement, subscribed by offended party, any peace officer of public officer in charge of enforcement of the law violated filed either to the court or to the office of the prosecutor. f. Complaint g. Pleadings Section h. Information i. Affidavit 190. Prescription of offense commences to run: j. Upon discovery of the crime by the offended party or peace officers or their agent. k. Upon filing of cases in court. l. Upon escape of the accused. m. Upon re-appearance of the accused 191. When an appeal shall be taken? n. within 10 days o. within 30 days p. within 15 days q. within 5 days 192. Property subject of search and seizure, EXCEPT? r. Subject of the offense s. Stolen or embezzled and other proceeds or fruits of the offense t. Used or intended to be used as the means of committing an offense u. Firearm 193. When search must be made? v. in the day time w. only during sunrise x. any time of the day and night y. in the presence of two witnesses 194. In a criminal case, the People of the Philippines is the \_\_\_\_? z. Plaintiff a. offended party b. defendant c. Respondent 195. A complaint or information have the same legal content, however, they differ as to who subscribe to it, who subscribe an information? d. Accused e. Prosecutor f. Witness g. victim 196. Pursuant to Section 2 of Rule 112 of the Rules of Court, the following officers are authorized to conduct preliminary investigation except? h. Provincial and City Prosecutor i. Judge MTC/MCTC j. Regional State Prosecutor k. Public Attorney's office l. b and d 197. An Special Law which defines certain rights of accused, detained or under custodial investigation as well as duties of the arresting detailing and investigation officer. m. R.A. 7438 n. R.A. 7348 o. R.A. 7834 p. d\. R.A. 3478 198. Under the Rule 115 of the Rules of Court, an accused cannot be compelled to be a witness against himself. This principle also known as: q. rights against illegal arrest r. the right to presume innocent s. rights against self- incrimination t. right to live 199. Under the Rules on Summary Procedures, the following pleading are prohibited except: u. motion to quash v. bill of particular w. answer x. demurred to evidence 200. The following cases committed by public official with salary grade 27 and above fall under the exclusive jurisdiction of the Sandiganbayan, Except: y. Crimes committed in violation of Act 3019, R.A. 1379 and section 2, chapter 2, title VII, Book two of the RPC z. Civil and criminal cases filed pursuant to and in connection with executive order nos. 1, 2, 14 and 14-A. a. Crimes committed by public official in relation to their office. b. None of the choices 201. It is the law which classifies rape from crime against chastity to crimes against person, making crime prosecutable even without a complaint filed the offender party? c. R.A. 8353 d. R.A. 9283 e. R.A. 8493 f. d\. R.A. 7055 202. Civil liability arising from the offense charged is deemed instituted upon the filing of criminal action in court as provided by Rule 111 of Rules of Court. In what instances can a civil action for recovery of civil liability can be separated? g. When the offended party waives the civil action; h. When the offended party reserves his right to institute the civil action; i. When the institution of the civil action is made prior to the criminal action. j. all of the choices 203. What is the effect of death of the accused in civil actions? k. It extinguishes the civil liability arising from delict. l. Independent civil action instituted may be continued against the estate or legal representative of the accused. m. If the accused dies before arraignment, the case shall be dismissed without prejudice to any civil action the offended party may file against the estate of the deceased. n. all of the choices 204. Pursuant to Rule 114 of the Rules of Court, a detainee may be released on bail in the following manner, except: o. property bond p. performance bond q. corporate surety r. recognized 205. Demurer to evidence may be filed by a party to a case s. after arraignment t. after the defense has rested its case u. after trial v. after the prosecution had rested its case 206. 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. w. before arraignment x. before conviction y. before preliminary investigation z. before trial 207. The following are the matters to be taken up in pre-trial conference except: a. examination of witnesses b. marking of evidence c. plea bargaining d. stipulation & simplification of issues 208. The reservation of the right to institute separate civil action shall be made: e. before arraignment f. before the pre-trial conference g. before the prosecution rest its case h. before the prosecution presents evidence 209. Amendment without leave of court before the accused pleads is allowed by the Rules of Court under the following instances EXCEPT: i. amendment as to substance j. amendment as to form k. amendment that reflect typographical error l. amendments to downgrades the nature of the crime 210. One of the requisites in order that one of the accused may be discharged in order to be state witness is that m. Said accused does not appear to be the most guilty n. Said accused does not appear to be least guilty o. Said accused must not appear to be guilty p. Said accused must appear to be innocent as char 211. P.D. 1508 is repealed by the Local government Code of 1991. Under the said code, 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: q. absolutely true r. partly true s. absolutely false t. partly false 212. In Metropolitan Trial Court, the complaint is filed with the: u. Office of the President v. Office of the Clerk of Court w. Office of the Prosecutor x. Office of the Ombudsman 213. In general, the formal requisites of a complaint or information are the following, EXCEPT: y. It must be in writing z. It must be in the name of the People of the Philippines. a. It must be filed with the Prosecutor's Office b. It must be filed in court 214. Z as husband dies before he could institute the criminal action for adultery against his wife and the paramour. The case may: c. No longer be prosecuted d. Be prosecuted by the husband's parents e. Still be prosecuted f. Be prosecuted by the State 215. The right of the State to initiate criminal actions in behalf of incapacitated individual with no known parents, grandparents or guardian is known as: g. Doctrine of parens patriae h. Doctrine of non-suability i. police power j. habeas corpus 216. The modes of making an arrest are: k. by an actual restraint of the person to be arrested l. by the submission to the custody of the person making the arrest m. by using unreasonable force n. a and b only o. a and c only 217. The following are crimes Against National Security and Law of Nations, EXCEPT. p. Treason q. Piracy and mutiny r. Espionage s. Rebellion 218. Breach of allegiance to a government, committed by a person who owes allegiance to it. t. treason u. espionage v. adherence to the enemy w. rebellion 219. The degree of proof required to convict a person accused of treason. x. substantial evidence y. proof beyond reasonable doubt z. two witness rule a. preponderance of evidence 220. The following are elements of Piracy, EXCEPT: b. A vessel is on the high seas or in Philippine waters; c. The offenders are not members of its complement or passengers of the vessel; d. That the offender resist to a superior officer; e. The offenders either attack or seize that vessel or seize the whole or part of the cargo of said vessel, its equipment or personal belonging of its complement or passengers. 221. Which of the following does NOT qualify the crime of Piracy: f. Whenever the pirates have seized the vessel on the high seas or in Philippine waters g. Whenever the pirates have seized a vessel by boarding or firing upon the same. h. c.Whenever the pirates have abandoned their victims without means of saving themselves. i. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape. 222. Otherwise known as the "Anti-Piracy and Anti-highway Robbery Law of 1974. j. Comm. Act No. 616 k. P.D. 532 l. P.D. 533 m. R.A. 6235 223. PO1 Matiyaga, without legal grounds arrested and detained Mr. Tamad and deprived said person of his liberty is liable for: n. illegal detention o. arbitrary detention p. unlawful arrest q. kidnapping 224. The following are legal grounds for the detention of any person, EXCEPT: r. commission of a crime s. escape from prison / penal institution t. violent insanity or other ailment requiring the compulsory confinement u. a and c only v. a, b and c 225. The following are acts constitute a crime of delaying release, EXCEPT: w. Delays the performance of a judicial or executive order for the release of a prisoner. x. Delays the service of the notice of such order to said prisoner. y. Delays the proceedings upon any petition for the liberation of such person. z. Delays the filing of a criminal offense against the detainee to the proper judicial authority. a. All of these 226. Mr. Mabait was arrested for illegal possession of firearms which is considered a low power gun. Considering that the crime is punishable by correctional penalty, within how many hours should that a case be filed to the proper judicial authority? b. 12 hours c. 18 hours d. 24 hours e. 36 hours 227. It is the unauthorized act of public officer who compels a person to change his resident or otherwise expels him from the Philippines. f. violation of domicile g. arbitrary detention h. trespass to dwelling i. expulsion 228. The following are act constituting Violation of Domicile. j. Any public officer or employee who enters any dwelling against the will of the owner thereof. k. Any public officer or employee who searches any papers or other effects found therein without the previous consent of the owner. l. Any public officer or employee who refuses to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the premises. m. Any public officer or employee who searches domicile without witnesses. n. All of the choices 229. SPO1 Masinop having authorized by a search warrant, search the house of Mr. Mando N. Ducot. After having discovered the item specified in the warrant, SPO1 Masinop took the same and includes the jewelry box filled with jewelry which is not included in the list of the item to be seized. SPO1 Masinop is: o. Liable for the crime of violation of p. Not liable for the crime of violation of domicile q. May not be liable for violation of r. Liable for a crime but not on 230. The following are crimes against the fundamental law of the States. Which one can be committed by private person? s. Arbitrary detention t. Violation of Domicile u. Interruption of religious worship v. Offending religious feelings w. Prohibition, interruption or dissolution of peaceful meetings 231. The law which provides Human Security x. R.A. 9208 y. R.A. 9745 z. R.A. 9372 a. R.A. 7438 232. Angelo Vergara 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. M. Recto Ave. Manila. Under the facts given, what crime was committed by the former and that of his Group? b. murder c. sedition d. rebellion e. homicide 233. This crime is committed by raising publicly and taking arms against government to completely overthrow and supersede said existing government. f. treason g. rebellion h. coup d'etat i. sedition 234. A swift attack accompanied by violence, intimidation, stealth, directed against duly constituted authorities, public utilities, military camps and installation with or without civilian support for the purpose of diminishing state power. j. treason k. rebellion l. coup d'etat m. sedition 235. It is a felony which in its general sense is raising of communications or disturbances in the state outside of the legal method. n. treason o. rebellion 236. A police officer, who arrested a member of congress while going to attend a senate session for a traffic violation is liable for: p. crime against popular representation q. acts tending to prevent the meeting of the National Assembly r. violation of parliamentary immunity s. all of the foregoing 237. The Kilusan ng mga hindi Ungas at Paranoid (KHUP) was organized by Mr. Panot allegedly for protecting the poor laborer, where in fact it was organized to form a group that would rise against the rich businessmen of their city. For what crime can they be charged? t. Illegal assembly u. Illegal association v. coup d'etat w. rebellion 238. Any association, organization, 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, the territory of the Phils. or any part thereof, with the open or covert assistance or support of a foreign power by force violence, deceit or other illegal means. Is a crime of: x. Rebellion y. Illegal Association z. Subversive Association or Organization a. Illegal Assembly 239. Mrs. Grace, a Mayor of Valenzuela together with engineer Pandac and Councilor Panot were surveying the land occupied by informal settlers for government projects and for their relocation. The residents oppose with the plan. Mrs. Lourdes, one of the residents, slapped the face of Mayor Ditas when the latter came near. One of the close escorts of the Mayor defends her but Mrs. Lourdes also slapped him and punched as well. For what crime Mrs. Lourdes can be charged for in relation to Mayor Grace? b. Sedition c. Slander by Deeds d. Direct Assault e. Rebellion 240. The following qualifies Direct Assault, EXCEPT: f. The assault is committed with a weapon g. The offender is a public officer or employee h. The offender lays hands upon a person in authority i. The offender seriously intimidating or resisting a person in authority 241. Any person directly vested with jurisdiction, whether as an individual or as a member of some court or government corporation, board or commission, shall be deemed \_\_\_\_? j. Agent of a person in authority k. Judicial authority l. person in authority m. Public employee 242. It is committed by any person who shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official functions. n. Direct assault o. Indirect Assault p. Disobedience to summons issued by the National Assembly q. Resistance & disobedience to a person in authority or the agents of such person 243. The following are crimes classified as public disorders, EXCEPT. r. Tumults and other disturbances of public order s. Unlawful use of means of publication and lawful utterances t. Alarms and scandals u. Delivering prisoners form Jails v. None of the choices 244. 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. Such act constitutes \_\_\_? w. illegal discharge of firearm x. alarm & scandals y. disturbances z. outcry 245. The following circumstances qualifies the crime of evasion of service of sentence. a. By means of unlawful entry By breaking doors, windows, gates, walls, roofs or floors. b. By using picklocks, false keys, disguise, deceit, violence or intimidation. c. Through connivance with other convicts or employees of the penal institution. d. All of the choices 246. Mr. Bandido was convicted for a crime of robbery before serving his sentence or while serving the same he committed a crime of murder. What condition is said to have occurred? e. recidivism f. reiteration g. quasi-recidivism h. habitual delinquency 247. 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. It is likewise committed by falsification through erasing, substituting, counterfeiting, or altering by any means, the figures, letters, words or signs contained therein (Art. 169) i. Falsification of public document j. Forgery k. Falsification l. d.Fasification by public officer, employee or notary or ecclesiastical minister 248. A person who counterfeits or imitate a traffic police sticker and sell the same shall be liable for a crime of: m. Estafa through falsification of a public document n. Theft through falsification of a public document o. Falsification of public document p. Forgeries 249. This crime is committed by any person without any distinction, by falsely representing himself as an officer and performing under pretense of official position any act pertaining to such person. q. usurpation of authority r. estafa s. usurpation of official functions t. a & c 250. Any other name a person which publicly applies to himself without authority of the law. u. alias v. A.K.A. w. fictitious names x. true name 251. It is committed by a person, who being under oath are required to testify as to the truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it. y. forgery z. perjury a. falsification b. false testimony 252. Consist of acts which are offensive to decency and good customs, which having been committed publicly, have given rise to public scandal to persons who have witness the same. c. immoral doctrines d. obscene publication and exhibition e. grave scandal f. libel 253. 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. g. bum h. vagrant i. prostitute j. destitute 254. It is the improper performance of some acts which should have been lawfully be done. k. malfeasance l. misfeasance m. nonfeasance n. dereliction of duty 255. It is crime committed by a judge who knowingly issued an unjust order which decides some point or matter but which however, is not a final decisions of the matter in issue: o. Knowingly rendering unjust judgment p. Judgment rendered through negligence q. Unjust interlocutory order r. Malicious delay in the administration of justice s. Betrayal of trust by an attorney or solicitor -- revelation of secrets 256. This one is committed by public officers or employees who, in dereliction of the duties of his office, shall maliciously refrain from instituting prosecution for the punishment of violators of law, or shall tolerate the commission of offenses. t. Direct bribery u. Indirect bribery v. Qualified bribery w. Prevaricacion or negligence or tolerance in prosecution of offenses 257. What crime is committed by any public officer or employee who shall agree to perform an act constituting a crime, in connection with the performance of his official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another. x. Direct bribery y. Qualified bribery z. Indirect bribery a. Prevarication or negligence or tolerance in prosecution 258. Any public office 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, promise, gift or present. b. bribery c. direct bribery d. qualified bribery e. indirect bribery 259. It is a crime committed by any appointed public official who shall become interested in any transaction within his territory, subject to his jurisdiction during his incumbency. f. Prohibited transaction g. Possession of prohibited interest by a public officer h. Fraud against public treasury i. Prevarication 260. This is committed by an accountable public officer who, shall appropriate, or shall misappropriate or shall consent, or through abandonment or negligence shall permit another person to take public funds or property. j. Direct bribery k. Technical malversation l. Malversation of public funds m. Embezzelment 261. The following are crimes classified under infidelity or public officers: n. Infidelity in the custody of the prisoners o. Infidelity in the custody of documents p. Revelation of secrets q. all of these 262. 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. r. Police brutality s. Sadism t. Maltreament of prisoners u. Physical injures 263. This is committed by any public officer who shall solicit or make immoral advances to a woman under his custody or to other women like the wife, daughter, sister or relative within the same degree by affinity of any person in the custody of a warden or officer. v. Sexual harassment w. Abuses against chastity x. Acts of Lasciviousness y. Abuse of authority 264. 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. z. homicide a. murder b. death caused by tumultuous affray c. riots 265. Husband punched and kicked his pregnant wife causing the death of their unborn child is guilty of: d. parricide e. abortion f. intentional abortion g. unintentional abortion 266. A formal and regular combat previously concerted between two parties in the presence of two or more seconds of lawful age on each side, who make the selection of arms and fix all other conditions. h. riot i. duel j. tumultuous affray k. mutilation 267. It is the lopping or clipping off some part of the body, e.g. a woman cutting the penis of a male lover to deprive of the latter of its true. l. physical injury m. duel n. tumultuous affray o. mutilation 268. What crime is committed by person who assaulted another, causing the latter to be absent from work for two weeks? p. mutilation q. serious physical injury r. less serious physical injury s. slight physical injury 269. Committed by a man having a carnal knowledge with a child less than 12 years old. t. rape u. acts of lasciviousness v. seduction w. abduction 270. A private individual who detains another for the purpose of depriving the latter of his liberty for more than three days is guilty of: x. illegal detention y. arbitrary detention z. serious illegal detention a. slight illegal detention 271. A person who got into a dispute with another, assaulted the latter for the purpose of delivering his victims to the jailer is guilty of what crime? b. illegal detention c. illegal arrest d. unlawful arrest e. physical injuries 272. Refers to a crime committed by any person who threatens another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime. f. grave threat g. light threat h. grave coercion i. light coercion 273. When a threat to commit a wrong not consulting a crime is made by another, what crime is committed? j. grave threat k. light threat l. graver coercion m. light coercion 274. 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, is committing. n. grave threat b. light threat c\. light coercion d. graver coercion 275. It is a felony wherein a person compels another by means of force, violence or intimidation to do something against his will, whether right or wrong. o. grave threat p. light threat q. grave coercion r. light coercion 276. It includes human conduct, which although not productive of some physical or material harm would annoy any innocent person s. light threat t. light coercion u. unjust vexation v. grave coercion 277. It is the taking of personal belonging to another, with intent to gain by means of violence against, or intimidations upon things of any person, or using force upon anything. w. robbery x. theft y. brigandage z. estafa 278. A stole thing from a locker by means of the key of the owner, what crime was committed? a. a theft b. robbery c. possession of pick locks d. possession of false key 279. 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 for any other purpose to be attained by means of force & violence. e. Robbery f. kidnapping g. brigandage h. d\. theft 280. 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. i. robbery j. kidnapping k. brigandage l. theft 281. A housemaid who was caught in the act of carting away the furniture of her employer would be charged of what crime? m. theft n. robbery o. qualified theft p. estafa 282. Altering the place of a mojon in the lot to insure that the property would be large when surveyed is a crime of: q. estafa r. chattel mortgage s. usurpation t. altering boundaries or landmarks 283. It is the willful damaging of another's property for the sake of causing damage due to hate, revenge or other evil motive. u. swindling v. destruction of property w. malicious mischief x. chattel mortgage 284. What crime was committed by a married woman having carnal knowledge with a man not her husband? y. adultery z. concubinage a. acts of lasciviousness b. seduction 285. A married man who allows his paramour to live in their conjugal dwelling is liable of what crime? c. adultery d. concubinage e. acts of lasciviousness f. seduction 286. Lewd acts committed upon person of either sex not amounting to rape by using force or intimidation. g. adultery h. concubinage i. acts of lasciviousness j. seduction 287. A person who ripped the dress of a woman and placed his penis over the woman's genital organ is liable for what crime? k. rape l. seduction m. forcible seduction n. acts of lasciviousness 288. Pedro was able to have carnal knowledge with his girlfriend by promising the latter with marriage, what crime was committed? o. seduction p. acts of lasciviousness q. abduction r. none of the foregoing 289. Alfred directed his employee Luz to deliver several pieces of jewelries to his Mother whom he had misunderstanding. The latter however, pawned the said jewelries and misappropriated the same. What would be the proper offense committed by Luz? s. swindling t. theft u. robbery v. malicious mischief 290. 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 ability in crimes against properties. w. Robbery x. theft y. malicious mischief z. estafa 291. It is defined as a method fixed for the apprehension and prosecution of person alleged to have committed a crime. a. Criminal procedure b. Criminal jurisprudence c. rules of court d. rules of procedure 292. It refers to the authority or power to hear and decided cases. e. Jurisdiction f. b\. Jurisprudence g. Venue h. territory 293. It refers to the geographical division or territorial limit where the power of the court is exercised and which is jurisdictional in criminal case. i. Venue j. Jurisprudence k. jurisdiction l. court 294. It is the authority to hear or try a case for the first instance. m. Original jurisdiction n. Exclusive jurisdiction o. concurrent p. appellate jurisdiction 295. It is the sole authority to hear cases to the exclusion of the others. q. Original jurisdiction r. Exclusive jurisdiction s. appellate jurisdiction t. concurrent jurisdiction 296. Is that branch of municipal or public law which defines crimes, treats of their nature and provides for their punishment? u. civil law v. procedural law w. criminal law x. substantive law 297. The following are sources of criminal law, EXCEPT: y. Act 3815 z. City and municipal ordinance a. Special penal laws b. constitution 298. The Revised Penal Code serves as the primary source of criminal laws in the Philippines. It took effect on? c. January 1, 1923 d. January 1, 1932 e. December 8, 1930 f. January 1, 1933 299. The following are characteristics of classical theory of criminal law, EXCEPT: g. the basis of criminal liability is human free will and the purpose of the penalty is retribution. h. 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. i. there is scant regard to the human element. j. That man is subdued occasionally by strange and morbid phenomenon which constrains him to do wrong, in spite of or contrary to his violation. 300. Acts or omissions punishable by law are crimes. What are acts committed or omitted in violations of special laws? k. felony l. offense m. misdemeanor n. in fractional law 301. 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? o. Generality p. Territoriality q. Prospective r. Retroactive 302. The following are the exemption to the rule of Generality, EXCEPT: s. Those who are subject of treaty stipulation t. Those who are immune under the law of preferential application u. Those who are exempted under Public International law v. President, Prime Minister and Ambassador 303. 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? w. Yes, for there is a law passed punishing it x. Yes, under the principle of retroactive effect of criminal law y. No, for the act was done prior to the effectivity of the law z. No, for a did not loiter again 304. Under what characteristics of criminal law the above circumstance falls? a. Generality b. Territoriality c. Prospective d. Retroactive 305. What legal maxims support the above scenario? e. Pro reo Principle f. Nullum crimen nulla poena sine lege g. Actus non facitreum, nisi mens sit rea h. Actus me invitusfactus non 306. Which of the following legal maxim means "the act cannot be criminal unless the mind is criminal". i. Pro reo j. Nullumcrimennullapoena sine lege k. Actus non facit reum, nisi mens sit rea l. Actus me invito factus non est meus actus 307. A legislative act that inflicts punishment without trial, its essence being the substitution of a legislative flat for a judicial determination of guilt. m. Ex post facto law n. Bill of attainder o. Retroactive law p. Prospective 308. The following persons are exempt from criminal liability under the principle of public international law, EXCEPT: q. Heads of states r. ambassador s. ministers of plenipotentiary t. charges d affaires u. None of the choices 309. Crimes committed within the territorial water of another country can either be triable in that country or in 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. v. French rule w. American Rule x. Spanish Rule y. English Rule 310. Any bodily movement tending to produce some effect in the external world. z. act a. Omission b. Dolo c. Culpa 311. Felonies are committed either by Dolo or \_\_\_\_. d. Deceit e. Fault f. Culpa g. Intent 312. Things which are wrongful in their nature. h. evil i. mala in ce j. mala in se k. mala prohibita 313. The moving power which impels one to action for a definite result. l. intent m. motive n. deceit o. fault 314. The following are crime committed by mistakes which does not operate as an Exemption/justification, EXCEPT: p. Aberratio Ictus q. Error in Personae r. PreaterIntentionem s. Mistake in fact 315. That cause, which, in the natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury without which the result would not have occurred. t. Proximate cause u. Intervening cause v. Immediate cause w. Probable cause 316. Death is presumed to be the natural consequence of physical injuries inflicted in the following; EXCEPT x. The victim at the time the physical injuries were inflicted was in normal heath. y. The death may be expected from the physical injuries inflicted. z. Death ensued within a reasonable time. a. The resulting injury is due to the intentional act of the victim. 317. The following are elements of impossible crime, EXCEPT: b. That the act performed would be an offense against persons or property. c. That the act was done with evil intent d. That its accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual. e. That the act does not constitute a crime of negligence or imprudence. 318. X tried to kill Y by putting in his food a substance which he thought was arsenic (poison) when in fact it was just a sugar. Y was not killed as a consequence. What X did he commit? f. Mistake in the blow g. No crime committed h. preaterintentionem i. impossible crime 319. Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall: j. Render the proper decision, and shall report to the Chief Executive, through the Department of Justice k. Dismiss the case and shall report to the Chief Executive, through the Department of Justice. l. Render the proper decision, and shall report to the Chief Justice of the Supreme Court. m. Dismiss the case and shall report to the Chief Justice of the Supreme Court. 320. This takes place when the offender commences that commission of a felony by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. n. Consummated o. Frustrated p. Attempted q. Impossible crime 321. A with intent to kill, fired a gun towards B, hitting B at his shoulder. B was able to run away and survived the injury, what crime is committed by A? r. Physical Injury s. Frustrated Homicide t. Attempted Homicide u. Less serious physical injury 322. The following are the elements of frustrated felonious, EXCEPT: v. The offender performs all the acts of execution w. All the acts performed would produce the felony as a consequence but the felony is not produced. x. By reason of causes independent of the will of the perpetrator. y. Due to some cause or accident other than his own spontaneous desistance. 323. Mrs. Lucila with intent to kill puts poison on the coffee of her husband Mr. William Herschel, when Mr. was at the stage of convulsion, Mrs. Lucila had a change of heart and administer an antidote causing Mr. William to survive but left in comatose. What was committed by Mrs. Lucila? z. Frustrated parricide a. b.attempted parricide b. serious physical injury c. less serious physical injury 324. Is that portion of the acts constituting the crime, 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. d. Subjective Phase e. Objective Phase f. Internal Act g. Act of Execution 325. Which of the following is NOT a Factor in determining stage of execution of felony? h. Nature of the offense i. Elements constituting the felony; j. Manner of committing the felony k. Intent in committing the crime 326. A, B and C and five unarmed men conspired to rob the Banco de Oro. While having their meeting at their safe-house, a group of PNP personnel arrested them. What crime was committed by A,B, and C? l. Illegal Assembly m. Conspiracy to commit robbery n. Attempted Robbery o. No crime 327. A,B and C conspired to rob the Philippine National Bank in their secret safe house. While they are planning how to commit the crime, operatives of the NBI barged in and arrested the group. p. What crime was committed by A,B and C? q. No crime was committed r. Under the facts no crime was committed as mere conspiracy to commit a crime is not punishable s. Attempted robbery t. Frustrated robbery 328. Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are: u. light v. correctional w. afflictive x. reflective 329. In case of crimes which are latter subject of special penal laws, what rule of interpretation shall be applied? y. The RPC shall be observed z. The RPC shall prevails over special laws. a. The RPC will be supplementary to special law b. The Special Law shall be supplementary to the RPC 330. It is the quality by which an act may be ascribed to a person as its author or owner. 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. c. Guilt d. Liability e. Responsibility f. Imputability 331. Acts of a person which are said to be in accordance with the law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability. g. justifying circumstances h. mitigating circumstances i. exempting circumstances j. aggravating circumstance 332. The following are the requisites for self-defense, EXCEPT k. Unlawful aggression. l. Reasonable necessity of the means employed to prevent or repel it. m. Lack of sufficient provocation on the part of the person defending himself. n. Lack of intent on the part of the person defending himself. 333. 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. o. Justifying p. Mitigating q. Exempting r. Aggravating 334. Charles Darwin, 15 year old child, took the cellphone of Ms. IsabelaBernales, Charles is \_\_\_. s. Liable for the crime of theft t. Liable for the crime of robbery u. Not liable for the crime of theft v. Not liable for the crime of robbery 335. The following circumstances exempt a person from criminal liability though there is civil liability considering that there is crime committed, EXCEPT: w. Minority x. Accident y. Imbecility/Insanity z. Acting under compulsion of an irresistible force a. Acting under the impulse of an uncontrollable fear of an equal or greater injury. 336. The following are exempted from criminal liability, EXCEPT: b. Children 15 years of age below c. Children over 15 but under 18 who acted without discernment d. Insane persons or an imbecile persons e. Children over 15 but under 18 who acted with discernment. 337. Who among the following incurs full responsibility upon commission of a crime? f. Those 15 years of age and below g. Those who are 18 years of age and above h. Those who are over 15 but under 18 years of age i. Those who are 18 years of age 338. Are those where the act committed is a crime but for reasons of public policy and sentiment, there is no penalty imposed. j. Justifying circumstances k. Mitigating circumstances l. Absolutory cause m. Exempting circumstances 339. X was charged before the court. During the pendency of his trial he died. What would be the effect of his death on the case involved and on his criminal liability? n. The criminal case will be dismissed ad his criminal liability is extinguished. o. The criminal case will proceed and his criminal liability is not extinguished. p. The criminal case will be archived to wait for his resurrection. q. 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. 340. Which of the following operates as an absolutory cause. r. Spontaneous desistance s. Accessories who are exempt from criminal liability by reason of relationship t. Legal spouse or parent who inflicts slight physical injuries under exceptional circumstances u. Person exempt from criminal liability for theft swindling and malicious mischief by relationship to the offended party v. All of the choices 341. An aggravating circumstances which generally apply to all crimes such as dwelling, nighttime or recidivism. w. generic x. specific y. qualifying z. Inherent 342. C raped the wife in the presence of the husband, forcing her using the dog-style position in the sexual act. Rape is committed aggravated by what circumstances? a. ignominy b. passion c. cruelty d. Craft 343. Is an act of sovereign power granting a general pardon for past offense and is rarely exercised in favor of a single individual and is usually granted to certain classes of persons usually political offenders, who are subject to trial but not yet convicted. e. Pardon f. Commutation g. Parole h. Amnesty 344. The law which prohibits the imposition of the death penalty? i. RA 6981 j. P.D. 968 k. R.A. 9346 l. R.A. 4103 345. 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 Physical Injuries, robbery (robo), Theft (hurto), Estafa or falsification is found guilty of any of the said crimes a third time or offener? m. Recidivist n. Quasi recidivist o. Reiteration p. habitual delinquent 346. The following circumstances are always mitigated in terms of alternative circumstances, except: q. Low degree education r. Intoxication wherein the drunk person has not intended it or not a habitual drunkard. s. Relationship in crimes against property t. Relationship in crimes against persons 347. Refers to persons who take direct part in the execution of a crime. u. principals v. accessories w. accomplice x. instigators 348. A person who directly induce others to commit a crime is regarded as: y. principal by direct participation z. principal by indispensable cooperation a. principal by induction b. instigators 349. The desire or wish in common thing c. intent d. motive e. conspire f. cooperate 350. A person lends Juan the bolo which was used in the murder of another person is liable as: g. principal h. accessory i. accomplice j. conspirator 351. Personal liability to be suffered by the convict who has no property to meet the fine. k. subsidiary penalty l. suspension m. penalty n. d.civil interdiction 352. In cases where in the commission of an offense is necessary in the commission of another it is said the crime is: o. formal crime p. informal crime q. compound crime r. complex crime 353. An entire penalty, enumerated in the graduated scale of penalties. s. degree t. period u. prescription v. duration 354. 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. w. Suspension x. indeterminate sentence y. prescription z. period of penalty 355. The crime of libel and other similar offenses shall prescribe in how many years? a. 15 years b. 1year c. 10 years d. 5 years 356. Those crime punishable by death, reclusion perpetua and reclusion temporal shall prescribe in: e. 20 years f. 15 years g. 10 years h. 5 years 357. Those punishable by correctional penalties shall prescribe in how many years? i. 20 years j. 15 years k. 10 years l. 5 years 358. Light offenses prescribe in: m. 12 months n. 6 months o. 4 months p. 2 months 359. A and B had a quarrel. A boxed B. A told B, "I kill you this week". A bought a firearms. On Friday, he waited for B and shot him but killed C instead. In so far as B is concerned, the crime committed by A is: q. Attempted murder r. frustrated murder s. illegal discharge of firearm t. all of these 360. In so far as C is concerned the crime committed is: u. frustrated homicide v. murder w. consummated homicide x. none of the above 361. X (as principal) committed the crime of Homicide (consummated) which is punishable by Reclusion Perpetua. y. Prision mayor (at any period) as minimum to Reclusion temporal (minimum period) as the maximum period of the indeterminate penalty. z. Prision mayor (minimum) as minimum to Reclusion temporal (any period) as the maximum period of the indeterminate penalty a. Reclusion temporal as the minimum period to reclusion perpetua as maximum b. Prision mayor 362. X (as principal) committed grave coercion (consummated) punishable by prision correctional. There was one aggravating circumstances in the commission of the crime let us say "with the aid of armed men". Fix his penalty. c. Arresto mayor (any period) as minimum to Prision correctional (maximum period) as maximum period of the indeterminate penalty. d. Arresto mayor (medium period

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