BATCH 8

BOARD EXAM TRIAL ON CRIMINAL LAW AND

JURISPRUDENCE
Prepared by: Atty. Jay M. Ferraro
and 1 day the person was not subject to warrantless
arrest. How will you proceed with the case?
1. Which of the foregoing statements refer to "Corpus a. Report the matter to my superior and let them
Delicti"? decide what to do with the situation.
b. Exert effort to arrest a person even without a
I. Corpus delicti is the body or substance of the warrant for the commission of a crime.
crime. c. Fil a direct complaint with the prosecutor's office
for inquest proceedings.
II. Corpus delicti is the fact that a crime has actually d. File a direct complaint with the prosecutor's office
been committed. for preliminary investigation
e.
III. Corpus delicti is the body of the person who is a 7. The PHASE in the commission of the crime when the
victim of the homicide or murder. person is from the point of beginning or within the point
where he can still decide to desist or continue the
a. II, III
commission of the crime is the ______ phase.
b. I, II
a. Objective
c. I, III
b. Internal
d. I, II, III
c. subjective
e.
d. external
2. What is the crime committed if the offender killed a
e.
person whose age is LESS THAN 12 years of age?
8. Evidence is ______ used to arrive at a legal conclusion.
a. Homicide, in the absence of any qualifying
a. A means of ascertainment
circumstances under Article 248.
b. Sanctioned by the rule of court
b. Murder, if not attended by circumstances under
c. Judicial proceeding
article 246.
d. Judicial truth
c. Murder, even if the offender is any of the parent.
e.
d. Parricide, regardless of relationship by
9. The constitutional limitation of ex post facto law in the
consanguinity.
enactment of criminal laws simply means at our criminal
e.
law shall be applied _________.
3. As a general rule, what does the constitution provide in
a. Retroactively
so far as search and seizure is concern?
b. In favor of the accused
a. Search must be done by the police only.
c. prospectively
b. Search must be upon order of the court.
d. in against the state
c. Search should be conducted when there is a
e.
warrant.
10. It is the duty of the affirmative to prove that which it
d. Search must not deprive the person of his
alleges.
property.
a. Quantum of evidence
e.
b. Quantum of Proof
4. The person was arrested without a warrant. His request
c. Burden of evidence
for preliminary investigation was granted. However, the
d. Burden of proof
conduct of preliminary investigation was not terminated
e.
and it already exceeded the period allowed by the rules.
11. Don was driving his car when he bumped run over a
What should the police officer in custody of the detained
person do? pedestrian crossing the street. The pedestrian died. What
a. The police should not release the person,
crime was committed by Don?
otherwise he will be administratively liable.
b. The Police should release the person from a. Reckless imprudence with homicide
detention even without the order from the
b. Homicide through reckless imprudence
prosecution.
c. Reckless imprudence resulting in homicide
c. The police should not release the person subject
d. Homicide thru reckless imprudence
to the receipt of the order of the court.
d. None of these 12. There are three ways of committing violation of
e.
domicile which among the following is NOT a way of
5. When the Revised Rules on Evidence was adopted?
a. March 14, 1989 committing it?
b. January 1, 1932
c. December 1, 2000 a. Entering the dwelling of another against the will
d. July 1, 1972
e. of the owner
6. The person is suspected of committing a crime which is
punishable by imprisonment of at least 4 years, 2 months

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 b. Entering the dwelling of another to avoid greater c. Administrative law
d. Sui Generis
evil
c. Searching papers and effect in the dwelling 19. Rebellion and coup de' etat when committed
by military personnel will subject them to court martial
without the consent of the owner
proceedings. What is the NATURE of court martial
d. Refusing to leave the dwelling after being proceedings?
a. Civil
required to do so the offender having
b. Administrative
surreptitiously entered the same. c. Sui generis
d. Criminal

13. Which among the following is NOT a way of committing 20. Is a legislative act which inflicts punishment without
trial. Its essence is the substitution of a legislative act for
alarms and scandals?
a judicial determination of guilt.
a. Any person who within any town or public place a. Ex post facto
b. Bill of attainder
shall discharge any firearm, rocket, firecracker or
c. Prospectivity
explosives calculated to cause alarm or danger. d. Pro reo
b. Any person who shall instigate or take an active
21. Daniel was riding a passenger bus driven by James
part in any charivari or disorderly meeting that collided with a car driven by Enrique, causing Daniel
injury, not knowing who was in fault, what will be your
offensive to another or prejudicial to public
best suggestion MC. Criminologist for Daniel to do?
tranquility. a. File a civil action against Enrique
b. Await judicial finding regarding who was at fault
c. Any person while wandering about at night or
c. Sue James for civil action
while engaged in nocturnal amusement shall d. Sue both James and Enrique as alternative
defendants
disturb the public peace.
e.
d. Any person who habitually associate himself with 22. Under the law, what agency that is empowered to
order the change of venue or place of trial in order to
prostitutes.
prevent the miscarriage of justice
14. What crime is committed by any public officer or a. Supreme Court
b. Executive Judge
employee who shall agree to perform an act constituting a
c. Department of Justice
crime, in connection with the performance of his official d. Regional state Prosecutor
e.
duties, in consideration of any other promise gift or
23. 15 years old Baste, a habitual offender, was caught in
present received by such officer, personally or through the possession of 100 grams of Marijuana. He was charged for
violation of Sec. 16 of RA 9165, the Comprehensive
mediation of another?
Dangerous Drugs Law. The court which has jurisdiction is?
a. Direct bribery a. The MTC
b. The RTC
b. Indirect bribery
c. Special Drugs Court
c. Prevarication or negligence or tolerance in d. Family Court
e.
prosecution
24. Is that part of the law which creates, defines and
d. Qualified bribery regulates rights concerning life, liberty, or property, or the
powers of agencies or instrumentalities for the
15. It is the totality of evidence presented for
administration of public affairs?
consideration
a. Substantive law
a. Quantum of evidence
b. Remedial law
b. Quantum of Proof
c. Constitutional law
c. Burden of evidence
d. Rights
d. Burden of proof
e.
25. It prescribes the method of enforcing rights or
16. The following are the sources of criminal law EXCEPT
obtaining redress for their invasion.
a. Special laws
a. Substantive law
b. Ordinances
b. Remedial law
c. Special Penal Laws
c. Constitutional law
d. Revised Penal Code
d. Rights
e.
17. The accused in criminal proceedings has in his favour
26. The rules on evidence are merely the means of
the rule that criminal laws should be construed liberally in
ascertaining the truth respecting a matter of?
his favor because
a. Prosecutor
a. Of the requirement of observance of due process
b. Fact
b. The prosecution has the burden of proof
c. note
c. The police is presumed to perform their duty with
d. defense
regularity
e.
d. The accused is presumed innocent until proven
27. When the evidence presented in court during trial by
guilty
the State and the accused are of equal weight, which will
prevail?
18. What is the nature of Court Martials of Military?
a. It depends
a. Criminal Law
b. Accused
b. Civil law

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 c. State d. Jurisdiction the case
d. None e.
28. In criminal case, an accused can only be convicted if 37. Refers to the family history or descendant transmitted
his guilt is proven beyond reasonable doubt. The effect of from one generation to another
failure to prove it warrants the court to a. Pedigree
a. Admonish the accused b. Reputation
b. Reprimand the accused c. Privies
c. Acquit the accused d. None of the above
d. All of the foregoing e.
e. 38. In the Philippines, there are several courts of law.
29. Thea degree of proof required in civil actions? What is the example of 'second level courts?
a. Proof beyond reasonable doubt a. Supreme Court
b. Preponderance of evidence b. Court of Appeals
c. Sufficiency of evidence c. Metropolitan trial court
d. All of the above d. Regional trial Courts
e. e.
30. The following are victimless crimes: 39. Jurisdiction is the legal authority of the courts or
I. Gambling judicial bodies to try or hear cases, be it criminal, civil or
II. betting on illegal cock fights administrative. Jurisdiction is derived from the Latin words
III. drug addiction ‘juris' and ‘dico' which means what?
IV. prostitution a. Amen, I say to you
a. I, II, III b. I speak of law
b. I, II, III, IV c. You hear me
c. I and IV only
d. I and III only d. Reformation
e.
31. Jurisdiction over the subject matter is determined by 40. In the prosecution of crime particularly in the
the imposition of penalty, what kind of penalty has the
a. Nature of the offense purpose to serve as example to the public to deter others
b. Gravity of the offense from committing crime?
c. Investigating officer
d. Presiding judge a. Exemplary
e.
32. Criminal cases where the penalty prescribed by law for b. Retribution
the offense charged does not exceed six months fall under
the rule on c. Prevention
a. Regular procedure
d. Reformation
b. Summary procedure
c. Criminal procedure
41. The bouncing check law is covered by the rules on:
d. Civil procedure
e. a. Regular procedure
33. The degree of proof required to establish the crime is
similar to that of establishing conspiracy and that is proof b. Pre-trial
beyond reasonable?
a. Necessity c. Preliminary investigation
b. Doubt
c. Motive d. summary procedure
d. Fault
e. 42. What term refers to a single crime consisting of a series
34. It is concerned with the procedural steps through of acts arising from a single criminal resolution not
which a criminal case passes, commencing with the initial susceptible of division?
investigation of a crime and concluding with the
unconditional release of the offender. a. Territorial
a. Evidence
b. Criminal procedure b. Continuing
c. Criminal law
d. Crime c. Single
e.
35. In order for a court to validly exercise jurisdiction the d. Static
following must be present
I. Jurisdiction over the person of the accused 43. The facts alleged in the complaint and the laws in force
II. Jurisdiction over the subject matter at the time of the commencement of the action determine
III. Jurisdiction over the territory the jurisdiction of the court. This statement is
IV. Jurisdiction the case
a. Correct, as it is a general rule
a. I, II, III
b. I and II
b. Incorrect, as not one among the rules
c. I and III
d. I,II, III, IV
c. It depends on the judge to consider
36. _____________ are cases of the general class where d. It depends on the law existing at the time of
the proceedings in question belong as determined by the application
nature of the offense and the penalty imposed by law.
a. Jurisdiction over the person of the accused 44. Cardo witnessed the commission of a crime but he
b. Jurisdiction over the subject matter refuses to testify for fear of his 1ife despite subpoena
c. Jurisdiction over the territory

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being served on him. Can the court punish him for 52. It is the ultimate facts or proposition to be established.
contempt? a. Factum probans
b. Factum probandum
a. Yes since public interest in justice requires his c. Positive evidence
testimony d. Negative evidence

b. No, since no person can be compelled to be a 53. What is that fact by which the factum probandum
witness against another establishes?
a. Fact in issue
c. Yes, since the court needs help in presenting their b. Material evidence
cases. c. Factum Probans
d. Competent evidence
d. No, since Cardo has a valid reason for not
testifying 54. It is now a settled rule that the time of making arrest
can be made during the day and at any time of the day
45. The filing of complaint with the Punong Barangay only. This statement is
involving cases covered by the Katarungan Pambarangay a. True
Rules shall b. False
a. Not interrupt any prescriptive period c. It depends upon the judge
b. Interrupt the prescriptive period for 90 days d. It depends upon the arresting officer
c. Interrupt the prescriptive period for 60 days
prescriptive period not 55. The form of evidence that is subject to the senses of
d. Interrupt the prescriptive period not exceeding the court is ________ evidence.
60 days a. Physical
e. b. Object
46. In criminal actions, Venue is Jurisdictional. c. all of these
a. Correct d. real
b. Incorrect
c. Maybe 56. If the person arrested is not delivered to the
d. It Depends
authorities, the private individual making the arrest incurs
47. May the warrant of arrest be executed by a Barangay criminal liability for:
Tanod?
a. Yes a. Unlawful arrest
b. No b. Illegal detention
c. Maybe
d. It depends c. Arbitrary detention
d. All of the above
48 Police Insp. Cardo saw 2 suspicious looking persons at
dawn; hence, he stopped them. They were carrying bags. 57. What is the purpose why independent relevant
When they were stopped, they tan and when evidence is admitted by courts?
apprehended, an unlicensed revolver was found in the a. To show that a certain fact occurred, whether
bag. Is the search without warrant valid or void? Stop and true or not.
frisk b. To prove to the court the allegations.
a. Yes, Valid as this is situation; c. To prove that the fact is true.
b. Yes, Probable cause is present when they acted d. To prove that a fact is not true.
suspiciously
c. Yes, they attempted to run when order to stop, 58. Our criminal law may be applied extraterritorially which
that they are concealing something illegal simply means that
d. All of above a. Our criminal law may be enforced by another
sovereign country
49. . What is the fact plead to by one party and denied by b. Our criminal law may be applicable even outside
the other? of our territory
a. Competent evidence c. Foreigners here in our country may be charge for
b. Fact in issue violation of our criminal law
c. Proof d. Those accused of crime may be arrested even
d. Evidence outside of our territory

50. In habeas corpus proceedings, any person may apply 59. Amiril a Moro, with five wives who are all living with
for a writ on behalf of the aggrieved party. The important him, kills by means of poison his second wife married by
issue in such a case is deprivation of one's?
a. Honor him is 1iable for?
b. liberty a. Parricide
c. reputation
d. property b. Homicide
c. Murder
51. Any lawyer or members of the bar shall, at the request
of the person arrested or of another acting in his behalf, d. No criminal liability
have the right to visit and confer privately with such 60. The following are crimes against public order EXCEPT:
person, in jail or any other place of custody at
a. Any hour of the working day only a. Alarms and scandal
b. Any hour of the day or, in urgent cases, of the b. Illegal association
night
c. Any hour of Saturdays and Sundays c. Usurpation of authority
d. Any hour of the designated visiting day only d. Evasion of service of sentence

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61. In the crime of adultery, the offender is the married 67. Supposing, Bong approach Cayetano and told
what? Cayetano to deliver to him 10,000 Pesos and Bong would
a. man issue in his favor a check in the sum of 13,000 pesos as it
b. paramour was a Sunday and Bong needed the cash urgently.
c. lover Cayetano gave 10,000 pesos to Bong having in mind the
d. Woman profit of the amount of 3,000 pesos When Cayetano
62. In crimes against persons such as murder, homicide encash the check on the following day it bounced or
and parricide, the victim should die and there must be dishonored. What crime was committed by Bong if any?
intent to kill. Which of the said crimes requires relationship a. Estafa and violation of BP 22
between the victim and the perpetrator? b. Malversation
a. Homicide c. No Crime
b. parricide d. Theft
c. Murder 68. In crimes against chastity like act of Lasciviousness, is
d. none of these relationship of the offender to the victim considered an
63. Cardo, Alden and Binay broke into the National Food aggravating circumstance?
Authority forcibly destroyed the door of the warehouse in a. Yes
order to address the sufferings of the people within the b. no
area. Thus they called all the people to help them by c. It depends
empting all the goods stored therein. Cardo. Alden and d. Possible
Binay did not even took something for themselves. What 69. If a person is arrested by virtue of a warrant, it means
crime was committed? that there is already a case and if a person is arrested
a. Sedition without a warrant, it means that there is no case filed in
b. Rebellion court yet. This statement is?
c. Direct assault a. Correct
d. Indirect assault b. Incorrect
64. Mutiny and piracy are practically the same. The only c. Partially Correct
difference is that in Mutiny, the offenders are passengers d. Partially Incorrect
or crew members while in piracy, the attackers are what 70. A public officer who agrees to commit a criminal
to the vessel? offense in connection with the exercise of the powers of
a. crew members his office in consideration of a price, reward, promise or
b. passengers gift is indication of?
c. officers a. Direct bribery
d. strangers b. Indirect bribery
65. In searching domicile under art. 130 of the RPC, if c. Malversation
owner of the house or any member of the family is not d. Corruption of public officials
around, how many witness residing in that area is required 71. This is the act of a person who knowingly offers in
in order to have a valid search? evidence a false witness or testimony in any judicial or
a. 3 official proceeding.
b. 4 a. false testimony
c. 1 b. perjury
d. 2 c. subordination of perjury
66. Bong issued a check in favor of Cayetano for a debt he d. Prevarication
has incurred a month ago. When the check was presented 72. When a public officer fails to do an act which he ought
for payment, it was dishonored by the bank. What crime to perform, he can held liable for?
is committed by Bong if any? a. Misfeasance
a. Estafa b. malfeasance
b. Theft c. Nonfeasance
c. Violation of bouncing check law d. Infidelity
d. No Crime was committed 73. . In self-defense, from whom shall the unlawful
aggression come from?
a. Defender

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 b. Victim d. Fencing
c. none
d. other person 83. Rainyl disposed the cellphone of Jillian. Rainyl is liable
for
74. The most important element in self-defense is unlawful a. Accessory
aggression. There can be no self- defense unless the b. Accomplice
victim first commit unlawful aggression against the person c. Harborer
who resorted to what? d. Fencing
a. Treachery
b. Self-defense 84. This is committed by any person who. Without
c. killing
authority therefore enters a warship, Fort, or a naval or
d. self-denial
military establishment or reservation, to obtain any
75. . The following are considered alternative
information, plans, photographs or other data of a
circumstances EXCEPT:
a. Degree of intoxication confidential nature relative to the defense of the
b. Habitual education
Philippines.
c. Degree of Instruction
d. Relationship a. correspondence with hostile country
b. giving motive for reprisal
76. Which of the following is an exempting circumstance?
When the crime is committed by a person c. violation of neutrality
a. who had no intention to commit so grave a wrong
d. espionage
as that committee
b. who acts under the compulsion of an irresistible 85. Which of the following is not crime against persons?
force
a. Discharge of firearms
c. who acted with abuse of confidence or obvious
ungratefulness b. Death in a tumultuous affray
d. in contempt of public authorities
c. Challenging to a duel
77. Minority is considered either as circumstance. d. Alarms and scandal
a. A justifying or mitigating
86. James claims to have been injured by the negligence
b. An aggravating or justifying
of Curry who denies having been negligent, the negligence
c. An exempting or mitigating
of Curry and the casual connection between such
d. An aggravating or exempting
negligence and the injuries of James taken as a whole of
the suit constitutes
78. Offenders are from criminal liability if they are
a. factum probans
completely wanting in discernment at the time that they
b. factum probandum
committed the offense.
c. a and b is correct
a. Justified
d. none of the above
b. Mitigated
c. Aggravated
87. Committed by a married woman who shall have sexual
d. Exempted
intercourse with another man not her husband.
79. Imbecility us exempting in all cases while insanity is
a. Concubinage
not if the offender committed the crime during a lucid
interval. This statement 18 correct. b. Adultery
a. False
c. Bigamy
b. True
c. Partly true d. Infidelity
d. Partly false
88. Crimes punishable by prison correctional prescribe in
years
80. The following are aggravating circumstances EXCEPT:
a. Fifteen
a. A crime is committed in a place dedicated to
b. Five
religious worship
c. Ten
b. Taking advantage of his public position by the
d. One
offender
c. Act is committed with insult to public authorities
89. Person who, subsequent to the commission of a crime
d. The offender is deaf and dumb
and without taking part in it concealed the instruments
thereof are called:
81. What do you call the aggravating circumstance which
a. Accomplices
applies to all crimes?
b. Malefactors
a. Generic
c. Accessories
b. Inherent
d. Fences
c. Specific
d. Qualifying
90. When the accused is completely deprived of reason or
discernment and freedom of the will at the time of
Situation
committing the crime, it is said that _______is present.
Szy is a daughter of Rainyl. Szy has in her possession the
a. Insanity
Cellphone of Jillian.
b. Status
82. Szy has the possession of cellphone of Jillian. Rainyl
c. Lack of skill
sold the cellphone of Jillian. Rainyl is liable for?
d. Aberration
a. Accessory
b. Accomplice
c. Harborer

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91. . The accused with lewd design brought the woman d. all of the above
who is a minor in a secluded place but with the consent of
the latter. The accused is liable for the crime of 99. Unless a different period is allowed by the court, an
a. Simple seduction offer of evidence in writing shall be objected
b. Forcible abduction
c. qualified abduction a. evidence in writing
d. consented abduction
b. evidence offered orally
92. The process required to determine probable cause
based on direct filing of a complaint so that the information c. as soon as the grounds become apparent
may be filed in court is
a. Ex-parte examination of the complaint d. within three (3) days after notice of the offer
b. Preliminary investigation
100. Under the English Rule, crimes committed on board
c. Inquest proceedings
a foreign merchant vessel while on the waters of another
d. Judicial determination of probable cause
country are ________ in that country unless such crimes
affect merely the internal management of the vessel.
93. During arraignment, the accused is required to enter
his plea. So that the accused may be intelligently
a. Not triable
understands the consequences of his plea, what is the
b. Eligible
mandatory requirement in entering the plea?
c. Triable
a. The accused should be assisted by his witnesses.
d. Coverable
b. The accused should be assisted by the court of
competent jurisdiction.
c. The prosecution should offer lower irresistible 101. When making an arrest by virtue of a warrant, the
offer. officer shall inform the parson to be arrested of the cause
d. The accused should be assisted by competent of the arrest and the fact that a warrant has been issued
and independent counsel. for his arrest, except
94. To determine the relevancy of any item of proof, the a. when he flees or forcibly resists before the officer
purpose for which it is sought to be introduced must first has opportunity to so inform him
be known or
a. Be formally offered b. when the giving of such information wil1 imperil
b. Be marked as evidence the arrest
c. Must be tagged
d. All of the above c. Both A and B are correct

95. Whether or not the factual information tendered for d. voluntary surrender
evaluation of the trial court would be helpful in the
determination of the factual issue that is disputed. 102. An officer, in order to make an arrest either by virtue
a. Test of relevancy of a warrant, or without a warrant, may break into any
b. Test of competency building or enclosure where the person to be arrested is
c. Test of admissibility or is reasonably believed to be, if he is refused admittance
d. All of the above thereto, after announcing his authority and purpose. Is
this allowed?
96. During trial, Atty. Dimagiba offered evidence that
appeared irrelevant at that time but he said he was a. No, it is a violation of domicile
eventually going to relate to the issue in the case by some
future evidence. The defendant objected. Should the trial b. No, it is trespass to dwelling
court reject the evidence in question on ground of
irrelevance? c. Yes, it is in accordance with the rules
a. No, it should reserve its ruling until the relevance
is shown. d. Yes, according to the judge
b. Yes, since the plaintiff could anyway
103. If a person lawfully arrested escaped or rescued, a
subsequently present the evidence anew.
person may immediately pursue or retake him without a
c. Yes, since irrelevant evidence is not admissible.
warrant at any time and in any place within the Philippines.
d. No, it should admit it conditionally until its
This statement is
relevance is shown.
a. Correct, in accordance with the rules
97. It is a form of evidence supplied by written instruments
or derived from conventional symbols by which ideas are
b. Incorrect, it is baseless
represented on material substances.
a. Primary or best evidence c. Sometimes correct, when the person is
b. Secondary evidence unidentified
c. Documentary evidence
d. Negative evidence d. Sometimes incorrect, unless with a valid search
warrant
98 . For the purpose of their presentation inn evidence,
documents are either 104. A restraint on person, depriving one of his own will
of the law. What is being defined?
a. public or private
a. Custody
b. affidavit or sworn statement
b. Arrest
c. handwritten or type write
c. Search

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 d. Seizure b. Privileged communication
c. Opinion
105. If the judge finds probable cause, what willl he issue d. Hearsay
as mentioned in Section 7(new section of rule 112)? 112. Which of the following is an underlying purpose of
Best evidence rule.
a. Warrant of arrest a. The production of the original to prove its
authenticity.
b. Subpoena b. The production of the highest and the most
reliable evidence in the hierarchy of evidence.
c. Summons c. To prevent fraud or mistake in the contents of
writing.
d. Search warrant d. All of the above
106. Documents written is unofficial language shall not be
113. Is a rule which forbids any addition to or contradiction
admitted as evidence EXCEPT
of the terms of a written instrument by testimony
purporting to show that, at or, before the signing, of the
a. When accompanied with a translation in the
document, other or different terms were orally agreed
dialect understood by the witnesses
upon by the parties.
b. When translated in Filipino or English by counsels a. Best Evidence Rule
before the trial. b. Parole Evidence Rule
c. Original of a Document
c. When translated in a dialect understood by the d. Secondary evidence
accused
114. Parole evidence rule applies to
d. All of the above a. Subsequent agreements placed on issue
b. Written agreements or contractual documents
107. When an instrument consists partly of written words c. Judgment on a compromise agreement
and partly of a printed form, and the two are inconsistent d. Will and testament
which of then she prevail if they are inconsistent with each
other? 115. All persons, having organs of sense, can perceive and
perceiving, and can make their perception to others, may
a. the latter be a
a. Witness
b. the former b. Prosecutor
c. Defense counsel
c. either of them d. All of the foregoing

d. none of them 116. It is meant the legal fitness or ability of a witness to

be heard on the trial of a cause.
108. Ancient document is a private document which is a. Competency of witness
more than years old, produced from a Custody in which it b. Marital Disqualification
would be naturally found it as genuine. c. Qualification of a witness
d. Dead Man's Statute Rule
a. 25
117. A misleading question is one which:
b. 30
a. Is wrong in grammar
b. assumes a fact not yet testified to by the witness
c. 35
c. is impertinent to the issue
d. 40
d. suggest the answer which the examining party
109. When carbon sheets are inserted between two or
desires
more sheets of paper with the writing and the signature
on the first sheet being reproduced in the sheets beneath
118. Leading questions are allowed in except
by the same stroke of the pen or Writing medium, all of
a. cross examination
the sheets are deemed?
b. direct examination
a. original documents
c. preliminary matters
b. secondary evidence
d. of an unwilling or hostile witness
c. carbon copy
d. mimeograph
119. The order of examination of individual witness
a. cross examination, direct examination, re- cross
110. . May a "fake" document be considered as original"
examination, re-direct examination
or "authentic"?
b. direct examination, cross examination, re- direct
a. Yes, a forged or spurious document when
examination, re-cross examination
presented in court for examination is considered
c. direct examination, cross examination, re- cross
as the original fake or forged document.
examination, re-direct examination
b. No, the allegedly forged or spurious document is
d. cross examination, direct examination, re- direct
only secondary to the original questioned
examination, re-cross examination
document.
c. Yes, although it was a fake document when it is
120. In court proceedings, examination of witness means:
offered in court it would be consider as public
a. to be examined by a physician in court
document and an original document.
b. to interrogate a person in the witness stand
d. No, Fake document carries in itself falsities which
c. to determine his capacity to speak
could not be accepted in court as authentic and
d. to be given a test before hearing
original.
121. One is not purpose of cross examination
111. Which rule of evidence applies only to documents?
a. to discredit the witness
a. Best evidence

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 b. to ask him misleading question 130. A police officer testifying before the court is allowed
c. to discredit the testimony of the witness to refer to his/her memorandum respecting a matter of
d. to elicit admission from witness a. Opinion of an expert
b. Fact recorded by his superior
122. This is not absolute rule of law and is not strictly c. Fact he recorded a long time ago
applied in our jurisdiction. This doctrine means that if the
testimony of a witness on a material issue is willfully false 131. The party is deemed to have rested its case
and given with intention to deceive, the jury may disregard a. Once the parties agreed as stated in the Pre- Trial
all witness' testimony. b. As may be ordered by the court
a. the fruit of poisonous tree c. After the court ruled on the formal offer of
b. false in one thing, false in everything evidence
c. doctrine of processual presumption d. After the Prosecution has offered its evidence
d. due process of law
132. Leni was charged for Election Sabotage. She listened
123. A narrative testimony is usually objected to but the
attentively as the Judge read the sentence, when the
court may allow testimony if
a. It would expedite trial and give the court a clearer judge reached the disposition and pronouncement that
understanding of the matters related.
Leni is guilty, Leni got angry and threw the cellphone she
b. The witness is of advanced age.
c. The testimony relates to family genealogy. was holding at the judge hitting in the right temple which
d. The witness volunteers information not sought by
is tantamount to laying hands on the judge who is a person
the examiner.
in authority. What crime was committed by Leni if any?
124. What do you call the written record of the court
a. Indirect assault with serious physical injuries
proceedings made by the official stenographer?
a. Record b. Qualified Direct assault with serious physical
b. Transcript
injuries
c. Entry
d. Blotter c. Direct assault with slight physical injuries
d. Disobedience and desistance
125. . It is the examination in chief of a witness by thee
party presenting him on the facts relevant to the issue. 133. It is a crime committed when a married woman is
a. cross examination
taken away against her will with lewd design.
b. direct examination
c. custodial examination a. Forcible abduction
d. custodial interrogation
b. Consented abduction
126. When a case is filed in this court, bail becomes a c. Forcible seduction
matter of right before or after conviction, which court is it?
d. Qualified seduction
a. Regional Trial Court
b. Municipal/Metropolitan Trial Court 134. One which is any act committed without violence but
c. Court of Appeals
unjustly annoys an innocent person. As it is a punishable
d. Sandiganbayan
act, it should include any human conduct which, although
127. The constitutional limitation of bill of attainder in the
not productive of some physical of material harm would
enactment of criminal laws simply means that our criminal
law shall however, unjust or annoy an innocent person.
a. Decrease the imposed penalty to favor the
a. Unjust vexation
accused
b. Imposed the penalty even without hearing and b. Grave coercion
trial
c. Grave threats
c. Applied the penal ty only sparingly in favor of the
state d. Maltreatment
d. Impose the penalty only after due hearing and
135. This _______ crime is committed upon a private
trial.
person who comes to the aid of an agent of a person in
128. Because the burden of proof rests with the
authority on direct assault committed against the latter.
prosecution, the duty to convict the person belongs to
a. None of these a. Resistance or disobedience
b. The strength of the prosecution's evidence
b. Indirect assault
c. The courts discretion based on evidence
d. The weakness of the accused' s evidence c. Direct assault
d. Physical injury
129. A Filipino killed a Chinese on board a vessel bearing
the flag of Mexico while the vessel is in the Philippine 136. Bayer haven't yet smoke in a month, and when in the
territorial waters, should the criminal law of the Philippines
act of lighting up a cigarrete was prevented Aldaba from
apply?
a. No, because the crime was committed board a smoking in front of the School. Aldaba is liable for?
Mexican vessel.
a. Light Coercion
b. Yes, because the crime was committed within the
Philippine territory. b. Grave Coercion
c. Yes, because the offender is a Filipino.
c. Unjust Vexation
d. No, because the offended party is a Chinese.
d. No crime

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137. What is the form of evidence consisting of letters, 142. This is committed by a public officer who shall
symbols, numbers or any inscription?
consent to the escape of a prisoner in his custody.
a. Parole evidence
b. Original evidence a. Conniving or consenting to evasion
c. best evidence
b. Evasion of service of sentence
d. documentary evidence
c. Evasion through negligence
138. A reviewee for ten years, Dorol who always failed in
d. Other cases of evasion
the CLE, felt that he had license to engage in voyeurism.
If not peeping into his neighbors' rooms through his
143. This is committed by any public officer who shall
powerful single- cylinder telescope, he would trail young,
solicit or make immoral advances to a woman under his
shapely damsels along the hal1lways of shopping malls.
custody or to other women like the wife, daughter, sister
While going up the escalator, he stayed a step behind a
or relative within the same degree by affinity of any person
mini-skirted one, and in a moment of excitement, put his
in the custody of a warden or officer.
hand on her left hip and massaged it. The damsel
a. Abuses against chastity
screamed and hollered for help. Dorol was apprehended
b. Acts of lasciviousness
and brought up on inquest. What charge/s, if any may he
c. Sexual harassment
be held responsible for?
d. Sexual shakedown
a. Acts of lasciviousness
b. Attempted Rape
144. Maine, Clerk of Court of an RTC Branch, promised the
c. Unjust Vexation
plaintiff in a case pending before the court that she would
d. Voyeurism
convince the Presiding Judge to decide the case in
139. This is a crime committed by a public officer who is
plaintiff's favor in consideration therefor, the plaintiff gave
entrusted with law enforcement who, in consideration of
Maine 20,000 pesos. Maine be charged for what crime?
any offer, promise, gift or offer, refrains from arresting or
a. Indirect Bribery
prosecuting an offender who has committed a crime
b. Violation of RA 3019
punishable by reclusion perpetua and/or death.
c. Art. 211 of the RPC
a. Direct Bribery
d. All of the above
b. Indirect Bribery
c. Qualified Bribery
145. It is entitled as "An Act to Secure the State and
d. All of the above
Protect Our People from Terrorism" A.K.A Anti-terrorism
Law or Human Security Act of 2007.
140. Dorol brought his son to a local faithhealer known as
a. RA 9372
"Mother Bonga." He was diagnosed by thee faithhealer as
b. RA 9346
being possessed by an evil spirit. Dorol thereupon
c. RA 9262
authorized the conduct of a "treatment" calculated to drive
d. RA 9439
the spirit from the boy's body. Unfortunately, the
procedure conducted resulted in the boy's death. What is
146. Daniel and Nadine are brothers and sisters. One day
the crime committed by Mother Bonga?
while Daniel was in the office. Nadine stabbed her brother
a. Reckless imprudence resulting in Murder
Daniel from the back. Daniel unable to defend himself and
b. Reckless imprudence resulting in Homicide
died. What crime was committed by Nadine?
c. Murder
a. Murder
d. No crime
b. Homicide
c. Parricide
141. This is committed by an accountable public officer
d. Serious Physical Injury
who shall appropriate or shall misappropriate or shall
consent or through abandonment or negligence shall
147. What crime is committed by anyone who shall bury
permit another person to take public funds or property.
with pomp the body of a person who has been legally
a. Direct bribery
executed?
b. Qualified bribery
a. Tumults and other disturbances of public order
c. Illegal use of public funds and property
b. Alarms and scandals
d. Malversation of public funds and property
c. Slander

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 d. Libel defense that he was in Antipolo City at the supposed time
148. Persons who assisted the offenders to profit by the that the robbery was committed. Danilo is interposing
effects of the crime are known as:
which is a plea that he accused was at another place when
a. Accomplices
b. Perpetrators the crime was committed. Incidentally this defense is
c. Accessories
known as the weakest defense in a criminal case.
d. Fences
a. Denial
149. Duterte with a revolver shot Roxas, missing him but
b. Defense of Alibi
the bullet hit Binay who is Duterte's father. Duterte
committed the crime of attempted homicide with parricide. c. Defense of duress
What kind of a complex crime is committed?
d. All of the above
a. Compound crime (Delito Compuesto)
b. Complex crime proper (Delito Complejo) 155. Honasan proposed to Chiz that they rob a certain
c. Complex crime store, to which Chiz agreed, later, however, Chiz
d. Continuing Crime (Delito Continuado) undertook the robbery alone and made off with
P90.000.00 cash. The following day, after making some
150. It is an accessory penalty provided by law when the shallow explanation, Chiz apologized to Honasan and gave
principal penalty imposed upon the offender for the the latter P20.000.00 which Honasan somewhat
commission of a crime is more than twelve years grudgingly accepted. What is Honasan's liability? If any?
imprisonment. a. Principal
a. Amnesty b. Accomplice
b. Civil interdiction c. Accessory
c. Capital offense d. Conspirators
d. Fine
156. An arrest is made by an actual restraint of a person
151. Is a kind of a crime which is committed by a person to be arrested, or by_
who performs an act which would be an offense against a. Recognizance
person or property, were it not for the inherent b. way of probation
impossibility of its accomplishments on account the c. His submission to the custody of the person
employment of inadequate or ineffectual means. making the arrest.
a. Complex crime d. voluntary detention
b. Prescription of crime
c. Impossible crime 157. The duty of the officer executing the warrant to arrest
d. Material Crime the accused is to_
a. detain the arrested person within the time
prescribed by law
152. Sofia is the boyfriend of James. One night against
b. deliver him to the nearest police station or jail
Sofia's will James forcefully had sex with Sofia, James now without unnecessary delay
c. conduct preliminary investigation
is facing charges for rape. Assuming that Sofia agrees to
d. lock up the person to the detention cell for
the proposal of marriage by James, what will happen to safekeeping
James criminal liability if marriage takes place?
158. In criminal case for violation of city ordinance, the
a. Criminal liability is partially extinguished court may issue a warrant of arrest
a. For failure of the accused to submit his counter-
b. Criminal liability is totally extinguished
affidavit
c. Marriage has no effect because rape now is a b. After finding probable cause against the accused
c. For failure of the accused to post bail
public crime where the state can prosecute the
d. For non-appearance in court whenever required
case de officio
159. Joime threw a bag from a truck and thee marijuana
d. Marriage has no effect because a husband could
leaves spilled out of the bag. Joime was arrested and
commit rape against his wife. search without warrant. Was that search valid?
a. Yes, It is legal
b. Yes, as there was no search-conducted
153. Danilo is accused of robbery of a certain house in c. Yes, It is a plain view doctrine search
d. All of the above
Makati City. Upon being arrested Danilo interposed the
defense that he was in Antipolo City at the supposed time 160. Search warrant and seizure of personal property,
ownership over it is
that the robbery was committed. Danilo is interposing
a. Nott necessary as possession and control is
which is a plea that he accused was at another place when required
b. Necessary as possession and control is required
the crime was committed. Incidentally this defense is
c. Indispensable as personal property requires
known as the weakest defense in a criminal case. ownership
d. Dispensable as personal property requires
a. Denial
Ownership
b. Defense of Alibi
161. Is outlawed because they place the sanctity of the
c. Defense of duress
domicile and the privacy of communication and
d. All of the above correspondence at the mercy of the whims, caprice or
passion of peace officers.
154. Danilo is accused of robbery of a certain house in
a. Unreasonable search and seizure
Makati City. Upon being arrested Danilo interposed the b. Illegally seized documents

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 c. General search warrant who shot him. Ten days after Mr. X died as the
d. All of them consequence of the gunshot wound. The statement of Mr.
Y may be received evidence as?
162. It is where one assumes as true a fact not yet testified
to by the witness, or contrary to that which he has a. part of res gestae
previously started?
a. leading question b. dying declaration
b. misleading question
c. direct examination c. A and B is correct
d. cross examination
d. none of the above
163. After the cross examination of the witness, what is
the next procedure? 170. Alden and Cardo are very good friends. Cardo has
a. Direct examination been asking Alden whether he was legally married with
b. Re-direct examination Maine to which Alden has repeatedly evaded. One day
c. Cross examination Alden was stabbed and his friend Cardo rushed to him and
d. Re-cross examination after assisting him Cardo reiterated his question to Alden
whether Maine whom he was living was his legal wife.
164. The re-examination by counsel of his own witness Conscious of his impending to death, Alden admitted that
after examination by the adverse counsel is known as and said woman is only his mistress. The declaration is
is a matter of right and not merely a privilege.
a. Dying declaration
a. Re-investigation
b. Pre-trial examination
b. Res gestae
c. Re-cross examination
d. Re-direct examination c. Adoptive omission
165. Can a husband testify against the wife in an adultery d. none of the above
case?
a. Yes, the privilege of marital communication rule 171. Cardo was shot by Don Emilgio in the course of
is already abolished Robbery. On the brink of death. Cardo told Maine that it
b. Yes, under the law she is a competent witness was Don Emilgio who shot and held him up. In the trial for
c. Yes, because crime charge is one committed by Robbery with Homicide, Cardo's Declaration can be
wife against the husband admitted only ass dying declaration to prove?
d. No, the privilege of marital communication rule is
already abolished a. Robbery

166. A rule which forbids husband and wife, during their b. Homicide
marriage, from testifying for or against the other without
the consent of the affected spouses except in some c. Robbery and Homicide
circumstances.
a. Disqualification of witness d. The corpus delicti
b. Marital Disqualification
c. Dead Man' s Statute Rule 172. Cardo saw the signing of a document by Alden.
d. Privilege Communication rule Cardo's testimony on the genuineness of the signature is

167. The questioning initiated by law enforcement a. Inadmissible

authorities after a person is taken into custody or
otherwise deprived of freedom of action is b. Admissible as evidence
a. Illegal detention
c. Not accessible because he is not an expert
b. Arbitrary detention
c. Custodial investigation
d. Admissible if corroborated with other evidence
d. Preliminary investigation
173. When the judge directed the prosecutor to qualify the
168. Which of the following is not REQUIRED of a
witness' what does it mean? Witness is?
declaration against interest as an exception to the hearsay
rule?
a. To take an oath
a. The declarant is dead or unable to testify. b. An expert witness
b. At the time he made said declaration he was c. Ready for trial
unaware that the same was contrary to his
aforesaid interest. d. Due for cross examination
c. The declaration relates to a fact against the 174. Lucy was able to pocket a silver necklace while inside
interest of the declarant.
the jewelry store. When she was about to leave the
d. The declarant had no motive to falsify and
premises of the Jewelry store she was accosted by the
believed such declaration to be true.
security guard and was 1mmediately brought to the police
`169. Mr. X was shot with .45 pistol after 2 hours. He was
precinct. What crime was committed by Lucy if any?
visited by Mr. Y at the hospital where he was immediately
brought before treatment of the gunshot wound. Mr. X told
Mr. Y that it was Mr. Z who shot him. For with, Mr. Y who a. Consummated theft
is a law graduate took the initiative of taking down in long
b. Frustrated theft
hand the statement of Mr. X who narrated the events
surrounding ad the categorically stated that it was Mr. Z c. Attempted theft

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 d. Qualified theft a. Maltreatment
175. Correction Isnp. Dela Vega while escorting Escapo a b. Loss of one's ear
prisoner route to the Regional Trial Court allowed the latter c. Loss of one's tooth in front
to answer the call or nature without taking precaution to d. Mutilation of one's genitals
prevent hiss escape as indeed Escapo escaped through the 181. Pacquiao during the weighing event slapped the face
Ceiling of the comfort room. What is the liability of the of Bradley in front of a lot people. What crime was
Correction Isnp. Dela Vega? committed by Pacquiao?

a. Conniving or consenting to a. Libel

b. Evasion of service of sentence b. Unjust vexation
c. Evasion through negligence c. slander by deed
d. Other cases of evasion d. Slight physical injury
176. James forcibly grabbed Sofia in the waist and dragged 182. An accessory is exempt from criminal liability when
the principal is his
her at the back of the establishment a place hidden from
I. Spouse, ascendants, descendants, brothers and
the public view. Due to Sofia's constant screaming James sister
II. Nephew, uncle, niece and aunt
became afraid and immediately run away leaving Sofia
III. Brother-in-law & sister-in-law
alone, what crime was committed by James if any? IV. Half-brother or sisters
a. I only
b. I and II
a. Seduction
c. I,II, III
b. Attempted rape d. I,II, I1I, IV
c. Grave coercion
183. In putting up self-defense in criminal prosecution, as
d. Acts of lasciviousness prober, you have to determine the existence of the most
important element which is what?
177. This crime is committed by anyone who forcibly enter
a. Deliberate
another person's house without the knowledge of the b. Motive
c. Actual killing
owner but once inside, immediately and peacefully left the
d. Unlawful aggression
house the moment he was discovered by the owner of the
house? 184. Under our penal laws, is negligence and imprudence
in itself a crime?
a. It depends
a. Attempted theft b. Maybe
b. Attempted robbery c. No
d. Yes
c. Trespass to dwelling
d. Frustrated trespass to dwelling 185. The loss or forfeiture of the right of the state the state
to prosecute the offender after the lapse of a certain
178. Viceganda became enraged with Maine. Viceganda period of time fixed by law is called what?
was so mad that he wanted to get even with Maine at the a. Prescription of the crime
b. Prescription of the penalty
spur of the moment Viceganda took the clothes of Maine c. Estoppel
from the drawer and burned them. What crime was d. Waiver

committed by Viceganda? 186. The warrant must direct that it be served in the
daytime, except:
a. Theft a. The affidavit asserts that the property is on the
person or in the place ordered to be searched, in
b. Arson which case a direction may be inserted that it be
c. Robbery served at any time of the day or night.
b. The affidavit asserts that the property to be
d. Malicious mischief searched is worth an amount within the
179. Alden threatened Cardo that he would kill the latter if jurisdiction of the Regional Trial Court
c. The place to be searched is the subject of
Cardo would not give five thousand pesos. What crime was embezzlement
committed by Alden if any? d. All of the above

187. In determining the probable cause, it is required that

a. Grave threats a. The judge must examine the complaint and his
b. Grave Coercion witnesses personally
b. The examination must be under oath
c. Attempted murder c. The examination must be in writing in the form
d. Attempted homicide of searching questions and answers
d. All of the foregoing
180. Which among the following is considered as slight
physical injuries only? 188. The following are the requisites for the issuance of a
search warrant EXCEPT

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 a. It must be issued upon probable cause b. Admissibility value
b. The probable cause must be determined c. Sanctioned
personally by the judge d. All of the above
c. Particularly describing the place to be searched
d. Particularly describing the person to be seized 197. Is a legislative act which inflicts punishment without
trial. Its essence is the substitution of a legislative act for
189. PO2 Bautista is a gifted man and is in fact considered a judicial determination of guilt.
by many in their office as having a third eye. There was a a. Ex post facto
time when he said that there will be two killings that will b. Bill of attainder
take place that week and it happened. In another instance, c. Prospectively
he predicted that a big fire will happen and it did. d. Pro reo
Meanwhile, in his new place of assignment, the cop
claimed that in the house of a certain Oscar, the said man 198. The following are justifying circumstances, except
has, in his custody and safe keeping, a gold bar, a part of one.
the yamashita treasure.as the only criminologist in the a. Self-defense
police office, what shall you do to verify the said b. Accident
policeman? c. Avoidance of greater evil
a. Conduct surveillance d. Defense of relative
b. Ransack Oscar's house
c. Require PO2 to have an oath 199. A parents killed his son less than 3 days old.
D. Apply for search warrant a. Abortion
b. Parricide
190. As a rule, evidence illegally seized evidence is c. Infanticide
a. Inadmissible d. Murder
b. Admissible
c. Voidable 200. Evidence is that which derives its value, not solely
d. Void from the credit to be given to the witness upon the stand,
but in part from the veracity and competency of some
191. How is the application for a search warrant made? other person.
a. Upon application and heard ex parte a. Hearsay
b. Heard ex parte b. Doubtful
c. Upon motion and public hearing c. Dying Declaration
d. Upon application and for trial d. Common Reputation

192. PO2 Bautista is a gifted man and is in fact considered 201. A negotiation between the defense counsel and the
by many in their office as having a third eye. There was a
prosecutor, aimed at reaching an agreement whereby the
time when he said that there will be two killings that will
take place that week and it happened. In another instance, prosecutor uses discretion to obtain from the judge a
he predicted that a big fire will happen and it did.
lighter sentence in exchange for the defendant’s entering
Meanwhile, in his new place of assignment, the cop
claimed that in the house of a certain Oscar, the said man a guilty plea.
has, in his custody and safe keeping, a gold bar, a part of
a. arraignment
the yamashita treasure.as the only criminologist in the
c. preliminary investigation
police office, what shall you do to verify the said
b. pre-trial
policeman?
d. plea bargaining
a. Conduct surveillance
b. Ransack Oscar's house
202. A person who is under custodial investigation is
c. Require PO2 to have an oath
basically protected by a number of rights mandated under
d. Apply for search warrant
the constitution and this was even expounded in the
legislative act known as _______?
193. . The evidence which cannot be rebutted or overcome
a. Miranda Doctrine
is called-
b. R.A. 7438
a. Prima facie evidence
c. Bill of Rights
b. Conclusive evidence
d. R.A. 6975
c. Direct evidence
d. Best evidence
203. During trial of a criminal case, it is the prosecutor who
194. Based on the express representation of statements or directs the prosecution of the offense and he/she did it on
upon positive acts or conducts. A party cannot, in the the behalf of the state. Once a case is elevated to the
course of litigation in pais, be permitted to repudiate his higher court such as Court of Appeals, who represents the
representation or occupy inconsistent position. State in the prosecution of the offense?
a. estoppel by deed a. Chief State Prosecutor
b. estoppel by pais b. Solicitor General
c. estoppel against tenant c. National or provincial prosecutor
d. estoppel by record of judgement d. Judge

195. Based on procedural rules and may be overcome by

204. It is the formal reading of the charges against a
evidence to the contrary
person accused of a crime and latter asking him whether
a. conclusive presumption
he pleads guilty or not to the crime charged.
b. disputable presumption
a. arraignment
c. processual presumption
b. preliminary investigation
d. all of the above
c. plea
d. promulgation of judgment
196. Evidence is relevant when it is material and has
a. Probative value

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205. It is the most common way by which the police d. Respondent
discovers or it informed that a crime has been committed: 213. They serve as the conciliation panel consisting of
a. When the witness voluntarily reports the crime. three (3) members.
b. When the police discovers the crime a. Lupon tagapagkasundo
c. When the victim reports the crime b. Pangkat tagapagkasundo
d. When the suspect surrenders c. Lupon Tagapamayapa
d. Pangkat tagapamayapa
206. A person lawfully arrested may also be searched for
dangerous weapons or anything which may have been 214. It is the suffering that is inflicted by the state for the
used or constitute proof in the commission of an offense transgression of the law.
without search warrant. This describes: a. penalty
a. search incidental to a lawful b. exemplarity
b. search incidental to unlawful arrest c. punishment
arrest d. self-defense
c. “hulidap”
d. I do not know the answer 215. The settlement of a dispute by a person/s chosen to
hear both sides and to come to a decision.
a. Mediation
207. These are facts and circumstances that would lead a
b. Settlement
reasonably discreet and prudent man to believe that an
c. Arbitration
offense has been committed and that the object sought to
d. Agreement
be seized is in the place sought to be searched.
a. proximate cause c. affidavit
216. The law "Creating a Katarungang Pambarangay
b. probable cause d. suspicion
Commission to Study the Feasibility of Resolving Disputes
at the Barangay Level".
208. _________ is a remedy available to any person
a. PD 1508
whose right to life, liberty and security is violated or
b. PD 1293
threatened with violation by an unlawful act or omission of
c. PD 1580
a public official or employee, or of private individual or
d. PD 1239
entity. It shall cover extralegal killings and enforced
disappearances.
217. Refers to the person who is being implicated to the
a. writ of amparo c. writ of habeas data
commission of a crime and subject of an investigation.
b. writ of habeas corpus
a. Convict
b. respondent
209. Bravo, a sexual pervert failed to have sex for a month.
c. Accused
However, in order to preserve for his birthday his 'manoy'
d. suspect
by sexually abusing Cherry, a losing candidate for Miss
Barangay, he used his middle and ring fingers in
219. This classification of criminal law defines the elements
penetrating the genitals of Cherry. What crime is there?
that are necessary for an act to constitute as a crime and
a. Sodomy
therefore punishable.
b. No crime
a. procedural
c. acts of lasciviousness
b. substantive
d. rape
c. criminal law
d. political law
210. This principal character of the criminal justice process
links all components of the CJS. 220. . Is an inquiry or proceeding to determine whether
there is sufficient ground to engender a well-founded
a. Offender
belief that a crime has been committed and the
b. Crime respondent is probably guilty thereof, and should be held
for trial.
c. Victim
a. preliminary investigation
d. Witness b. Prejudicial question
c. inquest proceeding
d. custodial investigation
211. . This involves the use of punitive and disciplinary
221. Mr. President was convicted of a crime, since he is
measures such as solitary confinement to modify or reform
the president, he asked Mr. X to serve his (President’s
criminal behavior whose conduct and deportment is not penalty) in prison. This act is in violation of the conditions
of penalty which is
totally responding to rehabilitation programs. a. Isolation
A. It must be equal
b. Rehabilitation B. It must be legal
C. It must be personal
c. Reformation
D. It must be proportionate to the crime
d. Reintegration
222. The authority of the court to take cognizance of the
case in the first instance is:
212. Lorenzo saw Vicente leaving the house of Angelina a. Exlusive
the night before Angelina's body was found dead. Through b. General
the testimony of Lorenzo and corroborated by other c. Original
evidence a complaint was filed to the office of the d. Limited
prosecutor. At this stage of the justice system Vicente is
considered ___________. 223. What is the total number of justices composing the
a. Suspect Supreme Court excluding the Chief Justice?
b. Convict a. 15
c. Accused b. 14

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c. 16
d. 13 A. Information
B. Search and Seizure
224. Which department of the government has the power C. Conviction
to order a change of venue of trial so as to avoid a D. Trial
miscarriage of justice?
a. supreme court
232. The complainant and any witnesses must be
b. department of justice
c. congress examined under oath or affirmation to determine probable
d. executive branch cause for a search warrant or arrest warrant.

225. Jurisdiction of the court over the person of the A. Police

accused is acquired by the following EXCEPT: B. Prosecution
a. upon his voluntary appearance in court C. Judge
b. upon the arrest of the accused D. Investigator
c. upon his release from detention
d. none of the above 233. The exclusionary rule, which bolsters and fortifies the
protection against unreasonable searches and seizures, is
226 is enacted at a certain moment and date as a result complementary to the preceding article. Consequently,
of a conscious or deliberate effort by constituents or a any evidence gathered in violation of this or the preceding
leader. section is inadmissible in any proceeding.

A. Written constitution A. Art. III, Section 1

B. Unwritten constitution B. Art. III, Section 2
C. Enacted constitution C. Art. III, Section 3
D. Evolved (Cumulative) Constitution D. Art. III, Section 4

227. is the result of political evolution that was not 234. In the case of People vs. Molina, without the
launched at a certain time, but rather changed by exclusionary rule on warrants, this right would be
accumulation as opposed to a systematic procedure. meaningless and unworthy of mention in a permanent
charter of priceless human liberties.
A. Written constitution
B. Unwritten constitution A. Right to Communication
C. Enacted constitution B. Right to Life
D. Evolved (Cumulative) Constitution C. Right to Liberty
D. Right to Privacy
228. One that can only be altered through a formal, often
difficult process 235. In People v. Hon. Estrada, the court ruled: The
facts and circumstances that demonstrate
A. Written constitution _________ must be the best evidence that
B. Rigid constitution could have been gathered under the
C. Enacted constitution circumstances in serving warrants.
D. Flexible constitution
A. Proof beyond reasonable doubt
229. One that can be amended by ordinary legislation. B. Information
C. Probable cause
A. Written constitution D. Preponderance of evidence
B. Rigid constitution
C. Enacted constitution 236. Right to speedy, impartial, and public trial
D. Flexible constitution A. The evidence is really material
B. A separate trial is consonant with the right of
230. The portion of the Constitution that outlines the the accused to a speedy trial.
fundamental civil and political rights of the citizens and C. Evidence will be available at the time
imposes certain constraints on the power of the desired.
government to ensure the exercise of these rights. These D. No similar evidence can be obtained.
rights include the right to vote and the freedom to
peacefully gather without interference. The Bill of Rights is 237. Right to compulsory processes
a portion of the Constitution that contains a series of
A. If trial is unreasonably delayed, accused is
prescriptions outlining the basic civil and political rights of
entitled to dismissal, equivalent to acquittal.
individuals and imposing certain constraints on the
B. The accused is not guilty of neglect in
authority of Article III.
previously obtaining the production of such
evidence.
A. Constitution of Liberty
C. The remedy of the accused in an
B. Constitution of Government
unreasonable delay – habeas corpus (if he
C. Constitution of Sovereignty
has been restrained of his liberty) or
D. Preamble
certiorari, prohibition or mandamus for the
final dismissal of the case.
231. The Constitution requires a reasonable manner the
D. Mere mathematical reckoning of the time
conducted of this act, that is, with or without a warrant
involved would not suffice as the realities of
based on probable cause.

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 everyday life must be regarded in judicial need of such investigation, provided an _____
proceedings. has been conducted in accordance with
existing law or procedure
238. Presumption of innocence; Who may invoke, a. Preliminary investigation
EXCEPT b. Preliminary examination
A. Only by an individual accused of a criminal c. Inquest proceeding
d. Fact finding investigation.
offense. A corporate entity has no personality to
invoke the same.
243. Under existing laws, what government office is
B. The Constitutional presumption will not apply as required to conduct preliminary investigation
long as there is some logical connection between on public officers and employees?
the fact proved and the ultimate fact presumed, a. NBI/DOJ
and the inference of one fact from proof of b. Sandiganbayan
another shall not be so unreasonable as to be c. Office of the Ombudsman
purely arbitrary mandate. d. State Prosecutors office
C. The prima facie presumption of accountability
does not shatter the presumption of innocence 244. What is the matter being determined in
which the petitioner enjoys because even if prima Preliminary Investigation?
facie evidence arise, certain facts still have to be a. Judgment against the accused
b. Residence of the accused
proved, and the Sandiganbayan must be satisfied
c. Conviction of the accused
that the petitioner is guilty beyond reasonable
d. Existence of probable cause
doubt.
D. Its principal effect is that no person shall be 245. At present, one of the following is NOT
convicted unless the prosecution has failed to authorize to conduct preliminary investigation.
prove his guilt beyond reasonable doubt. The a. Prosecutor
burden of proof to establish the guilt of the b. Judges
accused is with the prosecution. c. Assistant prosecutor
d. State prosecutor
239. A writ issued by a court to a person detaining
another, commanding him to produce the body 246. In cases cognizable by regional trial courts,
of the prisoner at a specified time and place, right to a preliminary investigation is a
along with the date and reason for his capture substantial right and the denial of which
amounts to a denial of due process. Tts
and detention, and to do, submit to, and
absence, however, is-
submit to whatever the court or judge
a. Not a ground for motion to quash the information
awarding the writ shall order on his behalf. filed
(Moran, The Rules of Court, Volume II, page b. A ground for motion to quash, the information
499) filed
A. WRIT OF HABEAS CORPUS c. Not a ground for filing a demurrer to evidence
B. WRIT OF AMPARO d. The failure to waive such right
C. WRIT OF HABEAS DATA
D. WRIT OF KALIKASAN 247. Within how many days from receipt of the
records, the provincial or city prosecutor, or the
240. A remedy available to any individual whose ombudsman or his deputy, as the case may be,
right to life, liberty, and security is violated or shall review the resolution of the investigating
threatened by an unlawful act or omission of a judge on the existence of probable cause.
a. 10
public official or employee, or a private
b. 15
individual or corporation (Sec. 1, A.M. No. 07-
c. 30
9-12-SC) d. 60
A. WRIT OF HABEAS CORPUS
B. WRIT OF AMPARO 248. Who represents the People of the Philippines in
C. WRIT OF HABEAS DATA criminal cases on appeal before the Court of
D. WRIT OF KALIKASAN Appeals or the Supreme Court?
a. Private Prosecutor
241. a remedy available to any person whose right b. City/Municipal Prosecutor
to privacy in life, liberty, or security has been c. Lawyers
violated or threatened by an unlawful act or d. State Prosecutor
omission of a public official or employee, or of
249. In criminal law, in order to validly invoke excepting
a private individual or entity engaged in
Circumstance, there must be absence of what on the part
gathering, collecting, or storing data or
of the invoker?
information about the person, family, home, a. Malice
and correspondence of the aggrieved party b. Freedom
(Sec 1, A.M. No. 08-1-16-SC 22). c. necessity
A. WRIT OF HABEAS CORPUS d. aggravating
B. WRIT OF AMPARO
C. WRIT OF HABEAS DATA 250.. Under art. 125 of RPC how many hour shall a cop
D. WRIT OF KALIKASAN deliver or file a case at the prosecutor's office or municipal
judge in crimes punishable with light penalties??
242. When a person is lawfully arrested without a a. 8
warrant of arrest involving an offense, which b. 6
requires a preliminary investigation the c. 12
complaint or information may be filed without d. 18

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