Area I CRIMINAL LAW & JURISPRUDENCE

1. John Rey was lawfully arrested in one of the rooms of hotel Nebraska. Incidental to that lawful
arrest, the police operatives conducted a warrantless search in another room of the hotel adjacent
to the suspect’s room. The pieces of evidence that could be obtained from that another room are
considered –
a. Legal since they are taken incidental to a lawful arrest d. B and/or C
b. Inadmissible e. None of these
c. Admissible

2. What is the territorial reach of a warrant of arrest?

a. Anywhere in the world
b. Anywhere in the Philippines
c. Within the region where such warrant of arrest was issued
d. Within the city where such warrant of arrest was issued
e. Within the place as specified in the warrant of arrest

3. This may happen that one may offer evidence which is inadmissible but which is admitted
because there is no objection from the opposite party. The latter is not justified in introducing a
reply to the same kind of evidence, if properly objected, it erases the unfavorable inference which
might otherwise have been caused from the original evidence.
a. Affirmative Admissibility d. Conditional Admissibility
b. Corrective Admissibility e. Curative Admissibility
c. Multiple Admissibility

4. It is the informal and summary investigation conducted by a public prosecutor in criminal cases
involving persons arrested and detained without the benefit of warrant of arrest issued by the
court for the purpose of determining whether or not said persons should remain under custody
and correspondingly be charged in court.
a. Preliminary investigation d. Inquest
b. Preliminary conference e. Determination of probable cause
c. Judicial inquiry

5. What exists when the evidence submitted to the Inquest Officer engenders a well-founded belief
that a crime has been committed that the arrested or detained person is probably guilty thereof?
a. Prima facie evidence d. Direct evidence
b. Proof beyond reasonable doubt e. Probable cause
c. Criminal guilt

6. What is the categorical acknowledgement of guilt made by an accused in a criminal case, without
any exculpatory statement or explanation?
a. Statement d. Admission
b. Affidavit e. Judicial confession
c. Confession
7. In criminal cases, except those involving quasi-offenses or criminal negligence or those allowed
by the law, what is the offer by the accused which may be received in evidence as an implied
admission of guilt?
a. Compromise d. Admission
b. Agreement e. Plea of guilty
c. Covenant

8. The evidence which cannot be rebutted or overcome is called –

a. Expert evidence d. Direct evidence
b. Prima facie evidence e. Best evidence
c. Conclusive evidence

9. Parole evidence is allowed in the following instances, except –

a. None of these
b. When there is an intrinsic ambiguity, mistake or imperfection in the written agreement
c. When there is a failure of the written agreement to express the true intent and agreement of
the parties thereto
d. When there arises a question as to the validity of the written agreement
e. When there exist other terms agreed to by the parties or their successors in interest after the
execution of the written agreement

10. This embraces any notable fact in the life of a member of the family and includes relationship
family genealogy birth, marriage, death, the dates when the places where these facts occurred and
the names of relatives.
a. Family background d. Resume
b. Personal background e. Family history
c. Pedigree

11. John and Peter planned to kill Zechariah by means of strangulation. James, their friend knew the
conspiracy to commit the felony who in return failed to report the same to the police. John and
Peter successfully killed Zechariah by strangulation. What is the criminal liability of James?
a. None d. Failure to report the conspiracy
b. Culpable felony e. B and/or C
c. Misprision felony

12. As an exception to his usual duties, when municipal trial court judge conducts a preliminary
investigation, he performs –
a. An extra job d. Non-judicial function
b. The job of the police e. C and/or D
c. A judicial function

13. While an accused, which had been charge in court without a preliminary investigation having
been conducted, under Section 7, Rule112 of the rules of court, may ask for a preliminary
investigation within _____ days from the time he learns of the filing of the information against
him.
a. 60 d. 10
b. 30 e. 5
c. 15
14. Which of the following suggests to the witness the answer which the examining party desires?
a. Suggestive suggestions d. Direct questions
b. Leading questions e. Relevant questions
c. Misleading questions

15. The factors to be considered by the court in determining proper penalty for impossible crime are:
a. The social danger d. A and B
b. The degree of criminality shown by the offender e. The personality of the offender
c. The intent or means of commission

16. What principle of law requires that the judiciary can do nothing but to apply a law, even in cases
where doing such would seem to result in grave injustice?
a. None of these d. Ignorantia legis non excusat
b. Dura lex sed lex e. Aberratio ictus
c. Vox populi vox Dei

17. Matthew with intent to kill stabbed Luke but the latter was only hit on his wrist. The small cut
required medication for 5 days. What crime was committed by Matthew?
a. Slight physical injury d. Frustrated homicide
b. Impossible crime of homicide e. Frustrated murder
c. Attempted homicide

18. Mark with intent to kill assaulted John from behind but the point of the knife hit the back of the
chair where John was seated. Fortunately, John was not wounded. What was the crime committed
by Mark?
a. Frustrated murder d. Attempted homicide
b. Frustrated homicide e. Impossible crime
c. Attempted murder

19. Barnabas is a kickboxer and a Criminology student. He kicked and boxed Philip, his classmate,
who suffered an injury requiring 15 days of medical attendance. What crime did the offender
commit?
a. Slight physical injuries d. Reckless imprudence resulting to physical injuries
b. Less serious physical injuries e. Serious physical injuries
c. Attempted homicide

20. Mere contact by the male’s sex organ of the labia is –

a. Attempted rape d. Act of lasciviousness
b. Frustrated rape e. Unjust vexation
c. Consummated rape

21. Gerald with treachery fired Efren with a revolver which inflicted mortal wound on the latter.
When Efren was fatally wounded, he pleaded to Gerald to bring him to the hospital. Gerald, out
of compassion, rushed Efren to the hospital. Gerald eventually survived the attack. At the most,
the crime committed by Gerald is –
a. Frustrated murder d. Serious physical injuries
b. Frustrated homicide e. Attempted murder
c. Less serious physical injuries
22. In cases cognizable by regional trial courts, right to a preliminary investigation is a substantial
right and the denial of due process. Its absence, however, is –
a. None of these
b. Not a ground for a motion to quash the information filed
c. A ground for a motion to quash the information filed
d. Not a ground for filing a demurrer to evidence
e. The failure to waive such right

23. Lack of certification that a preliminary investigation was conducted –

a. Does not invalidate information filed
b. Invalidates the information filed
c. Violates the right of accused
d. Mandates the conducting of another preliminary investigation
e. Demands the issuance of certification that a preliminary investigation was conducted

24. The following felonies could not be committed by frustrated stage of felony, except –
a. None of these d. Corruption of public officials
b. Rape e. Adultery and concubinage
c. Indirect bribery

25. Onesimus with intent to kill shot Gaius with his 9mm pistol. However, the gun jammed and failed
to fire a single shot. The former is liable for –
a. Impossible crime d. Attempted homicide
b. Frustrated murder e. Frustrated homicide
c. Attempted murder

26. Darwin with intent to burn the house of Gregorio put a bunch of dried hay and dried leaves in the
back portion of the house and set them on fire. Carl happens to be passing by helped in putting
off the fire before it was ablaze. A slight discoloration was left on the back wall of the house.
Darwin is liable for –
a. Malicious mischief d. Consummated arson
b. Attempted arson e. None
c. Frustrated arson

27. The following are the punishable kinds of proposal to commit a felony, except –
a. None of these d. Proposal to commit terrorism under R.A. 9372
b. Proposal to commit robbery e. B and c only
c. Proposal to commit a rebellion

28. Ronald, a house servant of the Aspuria family, stole the digital camera of his employer. Ronald
committed the crime of –
a. Theft d. Trespassing
b. Robbery e. Qualified Theft
c. Qualified robbery

29. It is the quality by which an act may be ascribed to a person as its author.
a. Guilty d. Liability
b. Imputability e. All of the above
c. Responsibility
 30. Who has the burden of proof in cases where self-defense is used?
a. All of these d. The accused
b. The prosecutor e. The state
c. The victim

31. During a heated argument, Peter slapped James and the former started stabbing the latter. James
was wounded on his left side but managed to pick up a bolo from the table beside him. When
James counter attacked with his bolo, Peter fell on down still holding his knife. On the act of
hacking the fallen Peter, Cyrus, the brother of Peter arrived. Cyrus drew his gun and fired at
James who died instantly. Cyrus is liable for –
a. None d. Homicide through reckless imprudence
b. Homicide e. Mitigated homicide
c. Murder

32. What is inherent in parricide?

a. Time of commission d. Weapons used
b. Age of the victim e. Relationship
c. Age of the accused
33. What penalty is to be imposed in case of a wrong committed by simple imprudence or negligence
which, if done maliciously, would have constituted a light felony?
a. Arresto menor d. Public censure
b. Arresto mayor e. Fine
c. Destierro

34. Lack of instruction or education is not mitigating in the following cases, except –
a. Rape d. Forcible abduction
b. Treason e. None of these
c. Arson

35. In physical injuries inflicted by a descendant upon an ascendant, relationship is –

a. Mitigating d. Aggravating
b. Justifying e. Exempting
c. Alternative

36. Within how many days after the filing of the complaint, the investigating officer shall either
dismiss it if he finds no ground to continue with the investigation, or issue a subpoena to the
respondent attaching to it a copy of the complaint and its supporting affidavits and documents?
a. 5 d. 30
b. 10 e. 60
c. 15

37. Within how many days from receipt of the records, the provincial or city prosecutor, or the
Ombudsman or his deputy, as the case may be, shall review the resolution of the investigating judge
on the existence of the probable cause.

a. 5
b. 10
c. 15
d. 30
 e. 60

38. If there are two or more mitigating circumstances and there is no aggravating circumstance, the
accused is entitled to a penalty –

a. One degree lower

b. Two degrees lower
c. Two degrees higher
d. One degree higher
e. None of these

39. Death penalty is not imposed in the following, except:

a. None of these
b. If the convict is 18 years old
c. If the convict is more than 70 years old
d. When the most guilty has been sentenced only to life imprisonment or to a lesser penalty
e. When upon review, the required majority vote of SC justice affirming the penalty is not reached

40. The aggravating circumstances of dwelling and evident premeditation are inherent in the crime of –

a. Murder
b. Parricide
c. Robbery in an inhabited house
d. Qualified theft
e. All of the above

41. Glenn connived with Sharen, the servant of Job in stealing Job’s video camera. Glenn is guilty of or
liable for –

a. Robbery
b. Qualified theft
c. Theft
d. None
e. Trespass to dwelling

42. The Indeterminate Sentence Law does not apply to the following:

a. Offenses punished with death penalty or life imprisonment

b. To those convicted of treason, conspiracy or proposal to commit treason
c. To those convicted of piracy
d. To those who are habitual delinquents
e. All of the above

43. Light offenses prescribe in –

a. One month
b. Two months
c. Six months
d. One year
e. Five years
44. Intention can be ascertained by considering the following, except:

a. The weapon used

b. The part of the body injured
c. The nature of the injury inflicted
d. The manner of attack
e. The planning made

45. Dely and Bely were having heated argument when Dely pushed Bely. The latter lost her balance and
fell sideward on the ground in which her head hit a protruding metal. Bely died few days after she was
brought to the hospital. Dely is held liable for Bely. However, what mitigating circumstance is she
entitled of?

a. Praeter intentionem
b. Incomplete accident
c. Sufficient provocation or threat
d. Obfuscation
e. Diminution of intelligence or intent

46. As general rule, all criminal actions commenced by a complaint or information shall be prosecuted
under the direction and control of the –

a. Court
b. Prosecutor
c. Investigating officer
d. Judge
e. Legal counsels

47. In the complaint or information, the precise date the offense was committed –

a. Should always be stated

b. Should be in the discretion of the prosecutor
c. Is not necessary stated
d. May be inserted later
e. None of the above

48. Brent and Joy are about to be married. Because of texting, Joy eloped with Jeffrey, Brent’s best
friend. With intent premeditation, Brent surreptitiously went to the house of Jeffrey. Upon seeing Jeffrey,
Brent stabbed Jeffrey at the back. What is the “motive” in this crime?

a. Revenge
b. Premeditation
c. Stabbing
d. Barging the house
e. Texting

49. What is not true about “motive”?

a. It is an element of a crime.
b. It is the impelling reason which moves a person to commit an act.
c. Motive will not make one criminally liable.
d. It is immaterial in the commission of felony.
 e. None of these

50. Mauro attacked Efren with an axe. He continuously hit Efren which caused the latter to evade until
Efren had nowhere to hide or run. While the former is in the act of finishing off the latter, Efren drew his
gun and fired at Mauro but missed. Peter who was watching from a distance was hit on his temple by the
bullet causing his instantaneous death. Which is not true about this case?

a. None of these
b. Efren is not liable for the death of Peter.
c. Efren’s act of shooting Mario is unlawful.
d. Efren was not committing felony.
e. Peter’s death is accidental under article 12, paragraph 4 of R.P.C

51. Subversion is crime against –

a. Public security
b. Public order
c. National security
d. Popular representation
e. Fundamental laws

52. Thomas with intent to injure drew his gun and shot Paul. James, a nine-year old boy who was playing
nearby was hit with the stray bullet. James suffered an injury which made him hospitalized for 45 days.
What was the case should be filed against Thomas concerning the injury of James?

a. None, because his intent was to injure Paul.

b. Frustrated murder he performed all the acts of execution necessary to commit the felony.
c. Frustrated homicide because he missed to hit Paul.
d. Reckless Imprudence resulting in serious Physical Injuries
e. Serious Physical Injuries

53. PO3 Bautista flag down a suspicious motorcycle riding man. A heated altercation ensued in which the
unidentified man tried to grab the side arm of the police officer. Gerry who was standing nearby, ran
towards the two to aid overpowered police officer. As Gerry held the wrist of the man, the latter suddenly
turned his ire to Gerry by punching and kicking him. Against Gerry, the unidentified man is liable for –

a. Direct assault
b. Physical injury
c. Indirect assault
d. Unjust vexation
e. Tumultuous affray

54. What is the circumstance which adds disgrace obloquy to the injury caused by the crime?

a. Ignominy
b. Cruelty
c. Brutality
d. Treachery
e. Vexation
55. Parading of the head of the victim after the accused beheaded him is scoffing at the corpse of the
dead. This qualifies the crime to –

a. Mutilation
b. Barbaric
c. Cruelty
d. Murder
e. Animalistic

56. It refers to the cause, which in a natural and continuous sequence, unbroken by any efficient
intervening cause, produces the injury, and without which the result would not have occurred.

a. Primary cause
b. Motive
c. Intentional cause
d. Proximate cause
e. Criminal intent

57. The following are the circumstances which imply that the death is presumed to be the natural
consequence of the physical injuries inflicted, except –

a. None of these
b. The resulting injury is due to the intentional act of the victim
c. The victim at the time the physical injuries were inflicted was strong and in normal health.
d. The death occurred within a reasonable time from the assault.
e. The death is expected from the nature and location of the wound.

58. It occurs when an essential element of a crime is not present during its commission making it
impossible of accomplishment.

a. Fortuitous event
b. Force majeure
c. Legal impossibility
d. Employment of inadequate means
e. A and/or B

59. Under RA 7659, what is the legal duration of Reclusion Perpetua?

a. 40 years and 1 day and above

b. 30 years and 1 day to 40 years
c. 20 years and 1 day to 40 years
d. None, because it is indivisible

60. In cases of capital offenses, the requirement in the application of bail is –

a. Proof beyond reasonable ground

b. Proof that evidence of guilt is strong
c. Probable cause
d. Direct evidence
e. All of the above
61. What is the remedy to review the validity of a grant of bail to an accused?

a. Petition for certiorari

b. Motion for reconsideration
c. Appeal for reconsideration
d. Preliminary investigation
e. Motion to quash

62. According to subject matter, which of the following is not a principal classification of penalties?

a. Corporal
b. Deprivation of freedom
c. Reduction of freedom
d. Bond to keep the peace
e. Deprivation of rights

63. What is not true about an accomplice?

a. He is part of the plan or conspiracy

b. He is neither a principal nor an accessory
c. He concurs or approves the act of the principal by direct participation
d. His acts is lesser than the acts done by the principal by direct participation
e. His cooperation is only necessary, not indispensable

64. Simon with intent to take the cellular phone of Jude who was then leaning on his seat under a tree
slashed the neck of Jude and then took his cellular phone. Upon investigation, it turned out that Jude had
been dead several hours before the incident. Simon will be liable for –

a. An impossible crime Homicide because there was an inherent impossibility of killing Jude.
b. Theft
c. Impossible crime of Robbery
d. A and B
e. None of these

65. Stephen with evident premeditation to kill Timothy fired his rifle at the latter’s house. However,
Timothy was not home thus he was not killed. Which would be true about this crime?

a. There was an impossible crime of Murder.

b. The evident premeditation qualifies the crime of frustrated murder.
c. Stephen is liable for Malicious Mischief only.
d. Stephen is liable for the impossible crime of Murder and consummated Malicious Mischief.
e. None of these

66. Jerry and Chris conspired to commit a robbery. A week after, they told their plan to their best friend,
Eric and asked him to drive for them. Eric obliged and drove the two to the house of their victim. Eric is
liable as –

a. Accomplice
b. Principal by direct participation
c. Principal by inducement
d. Principal by indispensable cooperation
e. Accessory
67. Romeo stole the MP3 of his boss and sold it for the amount of Php 10,000. After spending part of the
money, Romeo gave Php 3,000 to Jonah, his long time fiancée. Jonah is liable as –

a. None of these
b. Accomplice
c. Principal by inducement
d. Accessory
e. Principal by indispensable cooperation

68. PO2 Giles went into the house of Milan, the suspect in killing Mayor Trinidad. Upon arrival at the
house, the door was left open. PO2 Giles entered and started searching the dwelling for some evidence
that may point to the killing. Few minutes after, the spouse of Milan arrived and was surprised on the
presence of the police officer. The woman asked the officer to leave but latter refused. It was only when
some barangay officials passed at the area that PO2 Giles left. In this case, PO2 Giles is liable for –

a. Searching domicile without witnesses

b. Trespass to dwelling
c. Illegal searching
d. None, because the house is owned by the prime suspect
e. Violation of domicile

69. Which of the following is not true about impossible crime?

a. None of these
b. The penalty is arresto mayor or a fine from 200 to 500 pesos.
c. When another crime is committed there can be no impossible crime.
d. There is no attempted or frustrated impossible crime.
e. The act performed should not constitute another offense specifically punished by law particularly
a felony against persons or property.

70. The offender in direct assault commits against the person in authority any of the following, except –

a. Kills the offended party

b. Employs force
c. Makes a serious intimidation
d. Makes an attack
e. Makes a serious resistance

71. This includes a medley of discordant voices, a mock of serenade of discordant noises made on kettles,
tin, horns, and others design to annoy or insult.

a. Noise barrage
b. Revelry
c. Charivari
d. Street dancing
e. Parade

72. What is that pertaining to any form of attestation by which a person signifies that he is bound in
conscience to perform an act faithfully and truthfully?

a. Affidavit
b. Sworn statement
 c. Deposition
d. Allegiance
e. Oath

73. Preparatory acts are generally not punishable, except –

a. Conspiracy to commit treason, rebellion and sedition

b. Proposal to commit treason and rebellion
c. Possession of picklocks which is preparatory to the commission of robbery
d. Preparing false vouchers and receipts
e. None of these

74. Ramon was lawfully arrested by virtue of a warrant of arrest. The police operatives, at the time of the
arrest, were also armed with a valid search warrant to search the house of Ramon. During the search, the
police confiscated a sum of money which was not indicated in the search warrant but the police justified
that the said money will be used by the person in funding subversive activities. The confiscation of the
said money is considered as –

a. Proper
b. Legal
c. Illegal seizure
d. B and/or C
e. Exception to the general rules of searching

75. A search incident to a lawful arrest does –

a. None of these
b. Not need a search warrant
c. Need a search warrant
d. Not need a search warrant but a valid search warrant should be issued later
e. Need to be reviewed later

76. It refers to a sworn written statement charging a person with an offense, subscribed by the offended
party, any peace officer, or other public officer charge with the enforcement of the law violated.

a. Information
b. Complain
c. Complaint
d. Affidavit
e. B and/or C

77. It refers to any person who, by direct provision of law, popular election or appointment by competent
authority, shall take part in the performance of public functions in the Government of the Philippines, or
shall perform in said Government or in any of its branches, public duties as an employee, agent or
subordinate official, of any rank or class, shall be deemed to be a __________.

a. Government employee
b. Notary public
c. Public officer
d. Public official
e. All of the above
78. In what stage of felony requires the existence of an overt act?

a. Attempted
b. Frustrated
c. Consummated
d. A,B and C
e. B and C only

79. What is the omission of an act which ought to be done?

a. Misfeasance
b. Malfeasance
c. Nonfeasance
d. Negligence
e. All of the above

80. Carlos is on trial for a new crime and has previously served sentence for another crime to which the
law attaches an equal greater penalty, or for two or more crimes to which the law attaches a lighter
penalty. What aggravating circumstance is present?

a. Abuse of Confidence
b. Reiteracion or Habituality
c. Treachery or Alevosia
d. Unlawful Entry
e. None of these

81. It is the order which is issued by the court between the commencement and the end of a suit or action
and which decides some point or matter, but which, however is not the final decision of the matter in
issue.

a. Court Order
b. Supreme Court Ruling
c. Judgment
d. Interlocutory order
e. Provisionary order

82. Santy is an employee of Lupit Corporation. As an employee thereof, he was able to learn the safety
vault combination. One Sunday evening he went to their office to steal the money placed in the safety
vault. He found it empty. What crime is he liable of?

a. Impossible Crime
b. Attempted Theft
c. Frustrated Theft
d. Qualified Theft
e. None of these

83. Prevarication is the –

a. Tolerating the commission of offenses

b. Betrayal of public trust
c. Negligence of public officers
d. Malicious delay in the administration of justice
 e. Rendering of negligent judgment

84. An accessory is exempt from criminal liability when the principal any of the following, except:

a. His spouse
b. His ascendant
c. His descendant
d. His legitimate, natural, or adopted brother or sister
e. None of the above

85. Ondoy unlawfully shot to death his cousin Cosme while the latter was in his house. What aggravating
circumstance is present?

a. Disregard of sex
b. Dwelling
c. Nighttime
d. Superior strength
e. None of these

86. Tony killed Manny out of rivalry for the love of Loren. What mitigating circumstance is present?

a. Passion and Obfuscation

b. Confession and guilt
c. Vindication of grave offense
d. Provocation of threat
e. None of these

87. Before killing his victim, Joseph drank, GSM blue to make him bolder in the commission of the
crime. What alternative circumstance is present?

a. Age and rank

b. Intoxication
c. Education
d. Relationship
e. All of these

88. Which of these pertains to Act No. 4103, as amended?

a. Probation law
b. Complex Law
c. Indeterminate Sentence Law
d. Anti-Sexual Harassment
e. None of these

89. What is the prescription period of Death and Reclusion Perpetua?

a. 30years
b. 40 years
c. 20 years
d. 10 years
e. 5 years
90. Which of the following partially extinguished criminal liability?

a. Serving completely the sentence

b. Conditional Pardon
c. Amnesty
d. Parole
e. All of these

91. Which of the following is prescribed by law composed of three distinct penalties, each forming a
period?

a. Complex crime
b. Complex Penalty
c. None of these
d. Complex Law
e. Complex term

92. Who among the following persons is not exempted from criminal liability?

a. Ambassadors
b. Charges d’ affaires
c. Ministers
d. Consuls
e. None of these

93. What is the act of rising publicly and taking arms against the government?

a. Sedition
b. Coup de etat
c. A and B
d. Rebellion
e. Insurrection

94. Rebellion, sedition, and Disloyalty are crimes against –

a. All of these
b. Public security
c. National government
d. Public order
e. National security

95. PO2 George caught Darwin one night in the act of removing the glass jalousies of the window of the
house of Romeo which was closed. Darwin had already detached three glass blades. If he was arrested,
what crime should book against him?

a. Attempted robbery
b. Consummated theft
c. Attempted trespass to dwelling
d. Consummated the trespass to dwelling
e. Attempted theft
96. SPO3 Estoesta surreptitiously placed a marijuana cigarette in the breast pocket of the polo shirt of a
student and then arrested the student for illegal possession of marijuana cigarette. For what crime or
crimes will the police officer be liable?

a. Liable for incriminatory machination

b. Liable for the complex crime of incriminatory machination with unlawful arrest
c. Entrapment
d. A and B
e. None of these

97. Atty. Mario Ferrer, a notary public issued a supposed copy of a deed of sale between Dencio and Ptr.
Castro, when in fact no such deed of sale was prepared by the two. Atty. Ferrer is liable for –

a. Estafa
b. Falsification
c. Fraud
d. Forgery
e. All of these

98. During the pendency of his criminal case, peter died due to heart attack. His untimely death resulted in –

a. Termination of the proceedings

b. Postponement of the case
c. Suspension of the case
d. Dismissal of the case for lack of respondent
e. None of these

99. Who represents the People of the Philippines in criminal cases on appeal before the Court of Appeals
or the Supreme Court?

a. Private Prosecutor
b. City/Municipal Prosecutor
c. Lawyers
d. State prosecutor
e. Solicitor General

100. When is evidence presented in court for admissibility considered relevant to the issue?

a. None of these
b. When it is not excluded by the rules
c. When it has direct bearing and actual connection to the facts and issue
d. When it is not repugnant in taste
e. When it is not immoral

101. The rule on summary procedure applies to criminal cases where the penalty prescribed by law for the
offense charged does not exceed

a. 3 years
b. 6 years
c. 6 months imprisonment
d. 4 years and 2 months
e. None of these
102. What doctrine does not allow evidence obtained by the police officers in an illegal search and
seizure to be used against the accused?

a. Silver platter
b. Miranda ruling
c. Fruit of the poisonous tree
d. Wrong evidence doctrine
e. Exclusionary doctrine

103. What is that statement made by a wounded person shortly after he received severe bolo stabs
narrating therein the whole incident to another? Usually, this is admissible as evidence as part of –

a. Res nullus
b. Res ispa loquitor
c. None of these
d. Res judicata
e. Res gestae

104. What is the means sanctioned by the rules of ascertaining in a judicial proceeding the truth
respecting a matter of fact?

a. Evidence
b. Procedure
c. Proof
d. Investigation
e. Trial

105. What rule is observed when generally, there can be no evidence of a writing, the contents of which is
the subject matter of inquiry other than the original itself?

a. Secondary evidence
b. Parol evidence
c. Hard evidence
d. Corollary evidence
e. Best evidence

106. In the scheduled hearing, the judge, the PAO lawyer, the private prosecutor and the defense counsel
were all present except the public prosecutor. Can the trial legally proceed if there are also witnesses
ready to testify?

a. It depends
b. Of course
c. Yes
d. Maybe
e. No

107. What law governs the Katarungang Pambarangay?

a. RA 18508
b. PD 1508
c. RA 7610
d. PD 9344
 e. None of these

108. In misappropriation of funds or property, all that is necessary to prove is that the defendant –

a. Elements e. None of these

b. Received the funds or property
c. Acted with deceit
d. Returned the funds or property

109. If the accused dies before arraignment, what will happen to the criminal action?
a. Terminated d. Absolved
b. Dismissed e. None of these
c. Dissolved

110. When a group of male factors acted in unison in committing a crime, what would you call it?
a. Proposal d. Objective
b. Subjective e. All of these
c. Conspiracy

111. The following constitutes a crime of forgery, except –

a. Uttering statements against the government d. B and C
b. Forging the signature of the president e. None of these
c. Simulating the handwriting and signature of a person

112. As to whether or not bail should be posted in the form of a corporate surety, property bond, or cash
bond is matter –
a. None of these d. Of discretion by the prosecution
b. Of right on the part of the accused e. Left to the discretion of the court
c. To be approved by both parties

113. Judge Regacho issued the order granting bail when the accused were still at large. His disposition is–
a. None of these d. Improper
b. Legal e. Personal
c. Proper

114. Which of the following refers to a presumption which proves the existence and non-existence of the
fact in issue is called?
a. Judicial notice d. Direct
b. Material e. None of these
c. Relevant

115. T he following are the circumstances which consummates the crime of arson, except –
a. Burning the contents of the building without burning actually the building
b. Burning a part of a building
c. Charring the building
d. Burning the incendiary material of the building
e. None of these

116. The elements of misprision of treason are the following, except –

 a. There must be a war in which the Philippines is involved d. A, B and C
b. Offender must be a Filipino Citizen e. None of these
c. The offender has a knowledge of a conspiracy to commit treason

117. There are two ways in committing perjury, by under oath or affirmation and making false affidavit.
This statement is –
a. Wholly true d. Partly false
b. Partially true e. None of these
c. Wholly false

118. In a crime of hijacking it is qualified in the following manner, except –

a. Attempt to explode a bomb inside the aircraft d. Firing the crew of the aircraft
b. Compel the aircraft to land in the Philippines e. None of these
c. Commit physical injuries in the aircraft

119. A consul of Philippine Embassy whose function is the disbursement of funds and misappropriated
such funds is liable in Philippine Law. This statement is –
a. Wholly true d. Partly false
b. Partially true e. None of these
c. Wholly false

120. If the judge finds probable cause, what will he issue as mentioned in Section 7 (new section at rule
112)?
a. Warrant of Arrest d. Summons
b. Subpoena e. Search Warrant
c. Habeas Corpus

121. Mr. Godofredo killed baby boy Gerry, a three days old child, not knowing his own son. What is the
crime committed by Mr. Godofredo?
a. Parricide d. Homicide
b. Murder e. All of these
c. Infanticide

122. Which of the following not a crime against public interest?

a. Forging the seal of the government of the Philippines d. A, B and C
b. Counterfeiting coins e. None of the above
c. Usurpation of authority

123. Which of the following constitute a case of falsification?

a. Believing that he bribed a public officer d. Alteration of a public document
b. Committed by a public officer e. All of the above
c. Use of false identification card

124. What is the taking away of a woman for the purpose of corruption her?
a. Seduction d. Forcible Abduction
b. Consented Abduction e. None of these
c. Abduction

125. The issuance of warrant of arrest is not necessary in the following cases, except –
 a. If the offense is penalized by a fine
b. If a warrant of arrest has already been issued
c. If the offense carries with it the penalty of imprisonment
d. If the person to be arrested is already detained
e. All of these
126. In the violation of BP 22, how many days shall the check be presented?
a. 115 d. 90
b. 60 e. 120
c. 30

127. If Ramon aided Romeo as a public authority and the former was assaulted. What crime is committed
against him?
a. Assault c. Direct assault
b. Indirect assault d. None of these

128. White slavery crimes are, except –

a. Acts of prostitution d. Cockfighting
b. Involving business on prostitution e. None of these
c. Prostitution

129. What will happen to the arraignment if a prejudicial question exists in criminal case?
a. Waived d. Terminated
b. Suspended e. Canceled
c. Commenced

130. Which of the following pleadings are not allowed by the accused to file after promulgation but
before final judgment?
a. Motion for new trial d. Notice of appeal
b. Demurrer of evidence e. Motion to dismiss
c. Motion for reconsideration

131. Violation of RA 4200 is considered as evidence in court as –

a. Not admissible d. Secondary
b. Admissible e. All of these
c. Can be presented

132. Within how many days is the validity of warrant of arrest from its acceptance?
a. 10 d. 30
b. 15 e. 60
c. 20
133. If there are, more than one accused how is complaint or information stated?
a. All the names of the accused will be included c. Most guilty accused will be selected
b. Names of the principal absorbed all other accused d. None of these

134. A calamity caused the evasion of prisoners. How many hours are required for them to return after the
calamity?
a. 48 d. 24
b. 72 e. 60
c. 36
135. How many is amendment executed after plea and during trial?
a. With leave of the court d. Without prior notice
b. With approval of judge e. All of these
c. With notice of all concerned

136. What will happen to the criminal liability of the accused if he died after arraignment or suspended
trial?
a. Suspended d. Dismissed
b. Extinguished e. Terminated
c. Cancelled

137. What do you call the record in court that is written by the stenographer?
a. Stenograph d. Transcript
b. Record e. All of these
c. Transcript of stenographic notes

138. An extra - judicial confession made by an accused shall not be sufficient unless –
a. Testified by witnesses d. Voluntary given
b. Corroborated by evidence of corpus delicti e. Presence of a counsel
c. Writing

139. The extra – territorial application of the Revised Penal Code applies in the following instances, except –
a. When treason is committed
b. When crimes against National Security is committed
c. When an offense is committed in a Citizenship
d. When obligations of the RP be forged
e. When not being a public officer, a person committed an offense in the performance of public
function

140. After information is filed in the Municipal Trial Court, bail is a matter of right and it is to be posted
–
a. None of these d. Before or after conviction
b. After pre-investigation e. After arraignment
c. Before arraignment

141. How do you consider a judgment rendered with negligence?

a. Lack of foresight d. Oppression
b. Malfeasance e. None of these
c. Misfeasance

142. Which of the following is not a crime against public interest?

a. Illegal use of uniform d. Estafa
b. Forgery e. None of the above
c. Perjury

143. Pido saw Tito attacking (Tito’s) wife with a Rambo knife. Pido approached Tito and struggled for the
possession of the weapon, in the course of which Pido killed Tito. What justifying circumstance is present?
a. Defense of stranger d. Avoidance of Greater Evil of Injury
 b. Defense of Relative e. None of these
c. Self-Defense

144. What is present when an act is performed with deliberate intent?

a. None of these d. Deceit
b. Fraud e. Criminal Intent
c. Motive

145. Which of the following punishes an act which was not punishable at the time it was committed/
a. Bill of Attainder d. Due Process of Law
b. Ex Post Facto Law e. None of these
c. Retrospective Law

146. It states that the scale be tilted in favor of the accused in obedience to the constitutional presumption
of innocence when the evidence of the prosecution and of the defense is equally balanced.
a. Due process of Law d. Void-for-vagueness Doctrine
b. Substantive Due Process e. Doctrine of Pro Reo
c. Equipoise Doctrine

147. The penalty to be imposed to an accused over 9 year of age but below 15 years old will be lowered by –
a. Two degrees d. Four degrees
b. One degree e. None
c. Three degrees
148. What theory in Criminal Law which goes beyond the retributive penalty and recognizes the
redeemable good in the accused, hence, penalty is imposed for preventive and corrective purposes?
a. Positivist Theory d. Modern Theory
b. Classical Theory e. Eclectic or Mixed theory
c. Neo-Classical Theory

149. It is a grievous, odious and hateful offense which by reason of its inherent or manifest wickedness,
viciousness, atrocity and perversity, is regarded as seriously outrageous to the common standards or
norms of decency and morality in a just, civilized and orderly society.
a. Grave Offense d. Heinous Crime
b. Less Grave Offense e. Sexual Abnormality
c. Brutality

150. If an unlicensed firearm is used to commit murder, the crime is –

a. Viol. of PD 1866 and Murder d. Homicide
b. Aggravated Murder e. None of these
c. Murder only

151. When there is an implied repealing of a criminal law, what happens to the pending criminal action?
a. It will become pending d. The crime will be obliterated
b. It will not be dismissed e. None of these
c. It will be dismissed

152. Which of these provides additional exceptions to the territorial application of penal law?
a. R.A. 9372 d. R.A. 9327
b. R.A. 3972 e. R.A. 9723
 c. R.A. 9732

153. Osaka was counterfeiting Philippine Charity sweepstakes in Hawaii. In case the Hawaiian authorities
catch him, who will have jurisdiction to try the counterfeiting?
a. Hawaiian authority d. U.S. Authorities
b. Philippine Authority e. All of these
c. A and/ or B

154. Panfilo Bugnay, a discharge Filipino soldier committed sedition against the Philippines while
abroad. Does the Philippines has jurisdiction over his case?
a. Yes, because he is a Filipino citizen
b. No, because the crime was committed abroad
c. No, because Sedition is a crime against public order
d. Yes, because Sedition is a crime against National security
e. Yes, because he was a former Filipino soldier

155. Peter and Daniel were OFWs in Korea. Before their departure, Peter stole the netbook of Daniel.
Once home, Daniel learned that Peter stole his netbook. What will happen if Daniel files a case against
peter?
a. The case will be dismissed because the crime was committed outside Philippines.
b. The case will prosper because they are both Filipinos.
c. The case will prosper because the crime was revealed in the Philippines.
d. The criminal action will not prosper because they are friends.
e. None of these

156. What is the inaction or failure to perform a positive duty which one is bound to do?
a. Malfeasance d. Commission
b. Misfeasance e. Passive act
c. Omission

157. This usually involves lack of foresight or a deficiency of perception or failure to pay proper attention
and to use diligence to avoid a foreseeable damage injury.
a. Imprudence d. Negligence
b. Accident e. Lack of foresight
c. Fault

158. What is the capacity to know and understand the consequences of an act?
a. Knowledge d. Will
b. Ability e. Intelligence
c. Opportunity

159. What is the act or omission which is the result of a misapprehension of facts that is voluntary but not
intentional?
a. None of these d. Mistake of fact
b. Mistake of identity e. Ignorance
c. Mistake in the blow

160. “Actus non facit reum, nisi mens sit rea” means –
 a. The act of one is the act of all.
b. The act cannot be criminal unless the mind is criminal.
c. The act cannot be completed without criminal mind.
d. The act is actual and factual.
e. The act constitutes a criminal mind.

161. In “error in personae,” the offender is –

a. Liable even if the victim turns out to be different from the intended victim.
b. Liable as long as the act is criminal.
c. Not liable because the intended victim is not the same with the actual victim.
d. Not liable because of the ignorance of personality.
e. Liable because the victim suffered damages.

162. This takes place when the result of the felonious act is graver than what was intended.
a. Praeter intentionem d. Mistake of fact
b. Aberration ictus e. None of these
c. Error in personae

163. The art of piecing together that is the invocation by counsel of the Rules of Logic and Rhetoric in the
combination of assumed facts so as to reach ultimately the conclusion about the truth of a certain
proposition is called –
a. All of these d. Debate
b. Logic e. Logical discussion
c. Argument

164. Which of the following tends to prove or disprove the issue or issues outlined in the pleading of the
parties?
a. Direct evidence d. Material evidence
b. Relevant evidence e. Competent evidence
c. Corroborative evidence

165. Which of these tends to establish the fact in dispute by proving another fact, and which, though true,
does not of itself conclusively establish that fact, but which affords an inference or presumption of its
existence?
a. Indirect evidence d. Cumulative evidence
b. Circumstantial evidence e. A and/or B
c. Partial evidence

166. When the witness states that he did not see or does not know the happening of the event or the
existence of the thing, the evidence or testimony is –
a. Positive d. Negative
b. Affirmative e. C and/or B
c. Contradict

167. Jack is the girlfriend of Julie and they were about to be married. David, Jack’s friend, also desires the
heart of Julie. One day, Jack saw David holding hands with Julie while the two are intimately seated
together. Jack, in the spur of a moment, pulled out a knife and stabbed David on his back. What
mitigating circumstance is present?
a. Passion and/or Obfuscation d. Provocation of threat
b. Vindication of grave offense e. None of these
c. Confession of guilt

168. Franie introduced himself as the Municipal Mayor as he was pacifying Bong and George who were
fighting inside a beer joint. Notwithstanding his presence, Bong and George continued to fight until
George succeeded in killing Bong. What aggravating circumstance is present?
a. In contempt or with insult to the public authority d. Band
b. Disregard of Rank e. Disobedience
c. Abuse of confidence

169. Joel is known to be a coward in their community. To be courageous, he drank a glass of whiskey
before killing Josiah, his long time nemesis. What is the alternative circumstance present in the
commission of the crime?
a. Age and Rank d. Relationship
b. Intoxication e. All of these
c. Education

170. Manny, thinking that the person walking in a dark alley was Noynoy, his bitter enemy, fired at that
person, who was killed as a result. It turned out that the victim was Manny’s own father. There was –
a. Error in personae d. Complex crime
b. Praeter intentionem e. Mistake of blow
c. Aberratio ictus

171. What are the crimes consummated in one instance or by a single act and has no attempted of
frustrated stage?
a. Normal crimes d. Formal crimes
b. Abnormal crimes e. Consummated
c. Impossible crimes

172. It is a doctrine in Theft cases which provides that the taking of several things, whether belonging to
the same or different owners at the same time and place arising from one criminal resolution constitutes
but one felony.
a. Single Larceny Doctrine d. Conway Doctrine
b. Multiple Theft Doctrine e. None of these
c. Separate Larceny Doctrine

173. Which of the following is not a source of Philippine Penal Laws?

a. Revised Penal Code d. Legislative Decrees
b. Penal Presidential Decrees e. None of these
c. Special Penal Laws

174. Philippine Penal Law is applicable within the Philippine Archipelago to include its –
a. Atmosphere d. B and C only
b. Maritime zone e. A, B and C
c. Interior waters
175. The principle that sovereign and head of states are exempted from criminal in relation to the liability
is covered by this law.
a. None of these d. Law of preferential treatment
b. Law of Foreign Affairs e. Law of Preferential Application
c. Law in Preferred Head of States

176. What crime exists when a single act constitutes two or more grave or less grave felonies or when an
offense is a necessary means for committing the other?
a. None of these d. Continuing
b. Complex e. Compound
c. Composite

177. What must be considered in determining whether the crime committed is only attempted, frustrated
or consummated?
a. The elements constituting the felony d. None of these
b. The nature of the offense e. All of these
c. The manner of committing the felony

178. Which among the following enumeration is an example of an afflictive penalty?

a. Fine d. Prision mayor
b. Arresto mayor e. Destierro
c. All of these

179. What is the minimum distance imposed to those punished with Destierro?
a. 25 kms d. 50 kms
b. 75 kms e. 95 kms
c. None of these

180. What is the legal term for nighttime?

a. Sanctuary d. Nocturnity
b. Absurdity e. Evening
c. Ephitomy

181. A person who forces or induces another to perform the criminal act is referred to as –
a. Mastermind d. Principal
b. Seducer e. None of these
c. Inducer

182. What is the employment of means of execution that gave the person attacked no opportunity to
defend him or retaliate?
a. Ignominy d. Cruelty
b. Treachery e. Defense
c. Superior strength

183. What is the other word or term for treachery?

a. Alevosia d. Refraction
 b. Aberatio ictus e. Back fighting
c. Proxima

184. One who at a time of the trial for one crime shall have been previously convicted by final judgment
of another crime embraced in the same title of the code.
a. All of these d. Recidivist
b. Habitual delinquent e. Quasi – recidivism
c. Reiteration

185. Which of these implies the deliberate planning of the criminal act before executing it?
a. Intent d. Criminal intent
b. Treachery e. Alevosia
c. Evident premeditation

186. It involves the use of intellectual trickery or cunning in the part of the accused in the commission of
a criminal offense.
a. All of these d. Disguise
b. Fraud e. Evident premeditation
c. Craft

187. Ms. Salting, a receiving teller of the Philippine National Bank. Taking advantage of his position
appropriated the amount of P1, 000.00 which he had in his possession. What crime was committed by Ms.
Salting?
a. Theft d. Qualified theft
b. Estafa e. Malversation
c. No crime was committed

188. Romeo threatened to kill Marcelo if the latter will not give him one thousand pesos. What crime has
been committed by Romeo?
a. Attempted Murder d. Grave Threats
b. Grave Coercion e. None of these
c. Kidnapping for Ransom

189. What crime is committed when Roger, while driving a truck, ran over a girl crossing the street
during a torrential rain and the girl died?
a. Homicide d. Murder
b. Reckless Imprudence resulting to Homicide e. Accidental Death
c. Serious Physical Injury

190. What crime can be charged of one who retains a minor in his service against the minor’s will and
under the pretext of reimbursing himself of a debt incurred by the child’s parents?
a. White Slavery d. Kidnapping
b. Exploitation of Child Labor e. None of these
c. Inducing a Minor to Work

191. In case the offense is committed on board a vessel in the course of its voyage, what place is proper in
instituting a criminal action?
a. Residence of the captain of the ship
 b. Place where the port of departure was located
c. Place where the vessel registered or the country identified by flag on the carrier
d. Proper court of the first port of entry or the place during such voyage subject to generally
e. Accepted principles of international law

192. A notary public issued a supposed copy of a deed of sale, when in fact no such deed of sale was
prepared by him. That Notary Public is liable for –
a. Counterfeiting d. Falsification
b. Estafa e. All of these
c. Forgery

193. Tito is the custodian of government property of the city of Cadiz. Through his negligence, some of
the stored properties were missing, presumably taken by other people. Tito may be guilty of –
a. Dereliction of Duty d. Theft
b. Malversation e. Negligence of the Performance of Duty
c. None of these

194. A detained prisoner is allowed to eat and drink in a nearby restaurant on several occasions. He is,
however, well-guarded at all times. The warden allowed him to go out of his cell without any
consideration whatsoever. The warden may be charged with –
a. Negligence of duty d. Infidelity
b. Dereliction of duty e. A and B
c. Leniency of Laxity

195. Fernando went to the United States. While he was there, he courted Mariquit, an American. They
eventually got married in the Philippines. When Fernando returned to the Philippines, his first wife, Jovy
filed an action against him for violating their marriage. What is Fernando liable of?
a. Crime d. Bigamy
b. Concubinage e. B or C
c. Adultery

196. What is the liability of the jail guard if the evasion of a prisoner took place through his negligence?
a. Delivering prisoners from jails d. Conniving with or consenting to evasion
b. Evasion through negligence e. All of these
c. Reckless imprudence

197. A treasury warrant was payable to A or his representative. B took possession of the warrant, wrote
the name of A, endorsed it at the back and was able to encash it. B is liable for –
a. Swindling d. Forgery
b. Estafa e. All of these
c. Falsification

198. What acts punishable by law are either intended to directly impute to an innocent person the
commission of crime or which are calculated to blemish the honor or reputation of a person by means of
intrigue?
a. Oral defamation d. Incriminatory machinations
b. Slander e. Libel
c. Blackmail
199. Joy is less than three days old. She is a child of John by his paramour Jean. The baby was killed by
John to prevent her discovery by John’s legitimate wife, Jennifer. What is the crime committed by John?
a. Homicide d. Murder
b. Infanticide e. B or C
c. Parricide

200. Edgar forcibly entered Albert’s house one night. Albert was awakened and Edgar immediately left
the place. What crime did Edgar commit?
a. Trespassing d. Robbery with Trespass and Dwelling
b. Frustrated robbery e. None of these
c. Attempted Robbery
201. Jean and John, living together as husband and wife, but not married. John killed Jean. What crime
did John commit?
a. None of these d. Murder & homicide
b. Murder only e. Parricide only
c. Homicide only

202. Mr. Castro with intent to kill Mr. Rivera, burned the house of Mr. Rivera. The burning resulted to the
death of Mr. Rivera. What crime Mr. Castro committed?
a. None of these d. Murder only
b. Arson with Murder e. Homicide only
c. Arson only

203. Elijah stabbed Elisha three times resulting to Elisha’s death. Due to circumstantial evidence
presented, it found out that Elisha is Elijah’s brother. What crime did Elijah commit?
a. B or C d. Parricide
b. Murder e. None of the above
c. Homicide

204. JOI Viloria helped Mr. Ferrer to escape from jail. What crime was committed by JOI Viloria?
a. Delivering prisoners from jail d. Assisting the escape of prisoners
b. Infidelity in the custody of prisoners e. None of these
c. Negligence of duty

205. Which of the following requires time and period?

a. Theft d. Infanticide
b. Robbery e. All of the above
c. Homicide

206. Bong while under the intoxication of liquor, went to the Barangay Hall while the Barangay
councilors are meeting. Upon arrival at the area, Bong started shouting. Because of his annoying acts, the
Barangay Captain called for the temporary stopping of the meeting. Bong could be liable for –
a. Grave threats
b. Acts tending to prevent the meeting of the assembly and similar bodies.
c. Disturbance of proceedings
d. Violation of parliamentary immunity
e. None of these
207. Belen while on her way to the Barangay Hall found a P100.00 bill. Belen immediately went to the
nearby store and spent the money for her family’s lunch. What is the crime committed by Belen?
a. Swindling d. Robbery
b. Thief e. None
c. Estafa

208. Tumults and other disturbances of public order, Unlawful means of publication and unlawful
utterance, and alarms and scandals are Crimes against Public –
a. Security d. order
b. Interest e. None of these
c. Disturbances

209. Can a husband testify against the wife in an adultery case?

a. None of these
b. Yes, the privilege of marital communication rule is already abolished
c. Yes, under the law she is a competent witness
d. No
e. Yes, because crime charge is one committed by the wife against the husband

210. What rule is observed when generally, there can be no evidence of a writing, the contents of which is
the subject matter of inquiry other than the original itself?
a. Secondary d. Best
b. Corollary e. Primary
c. Parol

211. In what instance can alibi acquire commensurate strength in evidential value?
a. When it changes the burden of proof
b. When evidence for the prosecution is strong
c. Where no positive and proper identification has been satisfactory made
d. When questions on whether or not accused committed the offense is clear
e. None of these

212. Evidence the same, as that which is already given is called –

a. Corroborative d. Testimonial
b. Cumulative e. None of these
c. “Factum evidence”

213. Proof beyond reasonable doubt means –

a. The truth not susceptible of contradiction d. Prima facie evidence
b. Moral certainty e. None of these
c. Proof that cannot be wrong

214. Those facts and circumstances which would lead a reasonably discreet and prudent man to believe
that an offense has been committed by the person sought to be arrested are known as –
a. Prima facie case d. Substantial evidence
b. Circumstantial evidence e. None of these
c. Probable cause

215. What is the effect of evidence submitted for resolution?

 a. Proof d. Evidence
b. Factum probans e. None of these
c. Factum probandum

216. What is that fact by which the factum probandum establishes?

a. Fact in issue d. Competent evidence
b. Material evidence e. None of these
c. Factum probans

217. What is the fact plead to by one party and denied by the other?
a. Relevant evidence d. Proof
b. Competent evidence Evidence
c. Fact in issue

218. That evidence which has a tendency in reason to establish the probability or improbability of a fact
in an issue is known as –
a. Material evidence d. Fact in issue
b. Relevant evidence e. Proof
c. Competent evidence

219. The proof of facts other than the fact in issue from which it can be inferred as necessary of probable
consequences is referred as –
a. Positive d. prima facie
b. Rebutting e. Corpus Delicti
c. circumstantial

220. Evidence given by a witness who affirms that a fact did or did not occur is called –
a. Positive d. Rebutting
b. Conclusive e. Negative
c. Direct

221. Silence of an accused during arraignment is –

a. Admission of guilt d. A plea of guilty
b. Not guilty e. None of these
c. An evidence of guilt

222. Declaration of a dying person can be admitted in –

a. All of these d. Administrative cases
b. Civil cases e. People’s law and enforcement board
c. Criminal cases

223. Cross examination are limited only to –

a. Facts covered during direct examination c. Facts related to other issues
b. Facts not related to the issue d. All of these

224. Zacchaeus helped removed things from a burning house. It can be absolutely presumed that –
a. He wanted to steal the things d. All of these
b. He wanted to help his neighbors only e. None of these
c. That his intention is disputable
225. Carissa saw the signing of a document by Joseph. Carissa’s testimony on the genuineness of the
signature is –
a. Admissible as evidence d. None of these
b. Inadmissible e. Admissible if corroborated with other evidence
c. Not admissible because he is not an expert

226. When can a private prosecutor be allowed to prosecute?

a. Under the authority of the Department of Justice Secretary
b. When done under authority of the public prosecutor
c. Under the control and supervision of the public prosecutor
d. Done under the supervision of the regional prosecutor
e. None of these

227. What should thecourt do when the offense is less serious physical injuries and the offense proven is
serious physical injuries and the defendant may be convicted of the offense as charged?
a. None of these
b. Do not dismiss the action
c. Do not dismiss the action but should order the filing of a new information
d. Dismiss the action
e. Stay with the action and decide accordingly to avoid double jeopardy

228. What is the order in writing issued in the name of the People of the Philippines, signed by a judge
and directed to a peace officer, commanding him to search for personal property described therein and
bring it before the court?
a. Warrant of arrest d. Bench Warrant of arrest
b. Search warrant e. Habeas Corpus
c. Subpoena

229. What kind of motion may be availed of anytime before arraignment?

a. Motion to dismiss d. Motion for reconsideration
b. Motion to review e. Motion to quash
c. All of these

230. How is the application for a search warrant made?

a. Upon application and heard ex parte d. Upon application and for trial
b. Heard ex parte e. All of these
c. Upon motion and public hearing

231. What should be done in cases of offenses against property where the name of the offended party is
unknown?
a. Court must cause the true name to be inserted
b. What is pivoted is the name and description of the offender
c. The police must label the property in a way that will distinguish it from others
d. Describe the property subject matter with such particularity as to property identify the particular
offense charged
e. All of these
232. How should the plea to a complaint or information be made by the accused?
a. Personality, in open court and of record
b. By the approval of the court and upon written request by the accused
c. Through counsel in open court and on record
d. Personality by written motion
e. All of these

233. A search Warrant is valid and can only be served once the date of issuance, within –
a. 40 days d. 30 days
b. 15 days e. 60 days
c. 10 days

234. The prosecution of criminal actions either commenced by complaint or by information shall be under
the direction and control of the –
a. All of these d. Defense counsel
b. Presiding judge e. Complaint
c. Public prosecutor

235. Gerald died due to tumultuous affray. What should be the proper case to be filed?
a. All of them will be put on the complaint
b. Different charges will be filed to each of them
c. Both A and B
d. Only the opposing party
e. None of the above

236. How many days a child that was born before the second marriage can become legitimate?
a. 181 days d. 180 days
b. 191 days e. 190 days
c. None of these

237. The crime of libel will prescribe in how many years?

a. One (1) d. Four (4)
b. Two (2) e. Three (3)
c. None of these

238. How many days before a prosecution will issue a subpoena?

a. 10 days d. 15 days
b. 30 days e. 60 days
c. 20 days

239. How should the plea to a complaint or information be made by the accused?
a. All of these
b. Personality, in open court and of record
c. By the approval of the court and upon written request by the accused
d. Through counsel in open court and on record
e. Personality by written motion
240. The validity of a warrant of arrest shall be within this number of days from the date of issue,
otherwise it shall be null and void after –
a. 5 days d. 15 days
b. 30 days e. 60 days
c. 10 days

241. The illegality of an arrest can be questions by the arrested person before the court –
a. None of these d. after posting bail
b. At any time during the proceedings e. Before the pre-trial conference
c. Before entering the plea

242. Which of these grounds for a motion to quash a complaint or information is a bar for the prosecution
of the accused for the same offenses?
a. All of these d. Failure to state the cause of action
b. Lack of jurisdiction of the court e. Lack of authority to file the action
c. Prescription of the offense

243. The period to appeal a resolution of prosecutors to Department of Justice by the party of this council
shall be within –
a. None of these
b. 30 days from receipt of the questioned resolution
c. 15 days from receipt of the questioned resolution
d. 10 days from receipt of the questioned resolution
e. 15 days from receipt of the questioned resolution

244. A component may validly exercise its criminal jurisdiction over a particular case only if it has –
a. None of these
b. Acquired jurisdiction over the subject matter
c. Acquired jurisdiction over the territory where the offense was committed
d. Acquired jurisdiction over the person over the accused
e. B,C and D

245. An appeal must be taken to the appropriate higher court within this number of days ______ from
promulgating of judgment or notice of the judgment or order appealed from;
a. 10 days d. 15 days from receipt
b. 15 days e. None of these
c. 30 days

246. A judgment for conviction in a criminal case becomes final –

a. After the lapse of the period for perfection an appeal
b. When the sentence has been partially or totally satisfied
c. The accused has expressly waived in writing his right to appeal or has appealed for probation
d. None of these
e. Any of these

247. The rights of an individual under custodial investigation for the commission of an offense is –
 a. None of these d. Both constitutional and substantial rights only
b. Only a constitutional right e. Substantial rights only
c. Statutory rights only

248. An offense is punishable by imprisonment of six years and fine of P6, 000.00 is within the –
a. None of these d. Exclusive original jurisdiction of the MTC
b. Exclusive original jurisdiction of the RTC e. Exclusive original jurisdiction of family courts
c. Concurrent jurisdiction of the RTC and MTC

249. The power or authority of a court to try, hear and decide a class of criminal cases brought before it is
referred to as –
a. All of these d. Jurisdiction
b. Criminal procedure e. Criminal jurisprudence
c. Criminal law

250. Which of these felonies shall not be prosecuted unless upon the complaint of the offended spouse –
a. All of these d. Rape
b. Seduction e. Acts of lasciviousness
c. Concubinage