G3-BOARD EXAM TRIAL ON CRIMINAL LAW AND JURISPRUDENCE

Prepared by Atty. Joy Guarino

CRIMINAL JUSTICE SYSTEM d. correction

1. Which of the following is NOT included in the components of 11. This is a governmental body that is charged with the
criminal justice system of the United States? responsibility of administering justice.
a. Law enforcement a. Law enforcement
b. Corrections b. correction
c. Prosecution c. Prosecution
d. Courts d. court
2. This criminal justice model is based on the idea that the most 12. Any person directly vested with jurisdiction, whether as an
important function of the CJS is the protection of the public and individual or as a member of some court, Government
the repression of criminal conduct. Corporation, board or commission.
a. Crime prevention a. Agent of person in authority
b. Crime control b. Government employee
c. Law and order c. Government officer
d. Due process d. person in authority
3. According to this criminal justice model, the rights of an 13. A pillar of CJS which occupies a unique position in the
individual must be co-equal with the concern for public safety. Philippine Criminal Justice System serving as the lawyer of the
a. Crime prevention State or government in criminal cases.
b. crime control a. law enforcement
c. Law and order b. court
d. due process c. prosecution
4. This concerns to the obligations of the community to d. correction
individuals, and requires fair disbursement of common 14. This document is required by the Prosecutor’s Office before
advantages and sharing of common burden. it can entertain a complaint on a case covered by the Barangay
a. Prosecution Court.
b. justice a. Certificate of Non-Settlement
c. equality b. Certificate of Non-arbitration
d. trial c. Certificate to file action
5. This function of the law enforcement is being done through d. complaint affidavit
elimination of factors influencing the occurrence of crimes, 15. It refers to the study of the various agency of our
good community relations, educating the citizens about their government in charged of processing law violators to ensure
role, introduction of delinquency prevention programs, good the protection of the society and maintenance of peace and
parenting and others. order.
a. Maintenance of law and order a. Criminology
b. Reduction of crime b. Criminal Justice
c. Victimlogy
c. crime prevention d. Sociology
d. crime control 16. Refers to the person who is being implicated to the
6. This principal character of the criminal justice process links commission of a crime and subject of an investigation.
all components of the CJS. a. Convict
a. Offender b. respondent
b. Victim c. Accused
c. witness d. suspect
d. Crime 17. Is the machinery of the state which enforces the rules of
7. The frontline defender of democracy in the CJS. conduct necessary to protect life and property and to maintain
a. Prosecution peace and order?
b. Correction a. Criminal Justice System
c. Police b. Criminology
d. Court c. Criminal law
8. He is responsible in evaluating the evidence the police have d. Criminal jurisprudence
gathered and deciding whether it is sufficient to warrant the 18. It is that degree of proof requires in criminal case which
filing of charge(s) against the alleged violator. would convince a reasonable mind based on moral certainty
a. Investigator but which nevertheless does not preclude the possibility of
b. judge error.
c. prosecutor a. Preponderance of evidence
d. solicitor general
9. He is an arbiter in court who ensues that the defense and b. Clear and convincing evidence
the prosecution adhere to the legal requirements of introducing c. substantive evidence
evidences. d. proof beyond reasonable doubt
a. Clerk of court 19. A negotiation between the defense counsel and the
c. judge prosecutor, aimed at reaching an agreement whereby the
b. sheriff prosecutor uses discretion to obtain from the judge a lighter
d. jury sentence in exchange for the defendant’s entering a guilty
10. The pillar of the CJS which is not under the executive plea.
branch of the government. a. arraignment
a. law enforcement c. preliminary investigation
b. court b. pre-trial
c. prosecution d. plea bargaining
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20. The PNP is the law enforcement agency of the country delivery of services particularly in the prosecution and
which is under the ________? investigation of all crimes.
a. DOJ a. National Prosecution Service
b. DILG b. PNP
c. NAPOLCOM c. Ombudsman
d. DSWD d. Solicitor General
21. A person who is under custodial investigation is basically 31. What do you call a court covering two (2) or more
protected by a number of rights mandated under the municipalities?
constitution and this was even expounded in the legislative act a. MTC
known as _______? b. MeTC
a. Miranda Doctrine c. MCTC
b. R.A. 7438 d. MTC’s
c. Bill of Rights 32. What is that term which refers to the wise use of one’s own
d. R.A. 6975 judgment in a given situation without referring to your superior
22. A body officially assembled under authority of law in which due to the eminence of the situation?
judicial power is vested or the administration of justice is a. Police resourcefulness
delegated. b. Police discretion
a. court c. Police integrity
b. corrections d. police prudence
c. prosecution 33. It refers to the art or science of identifying law violators,
d. law enforcement locating and tracing them in order to affect their arrest and
23. A body of civil authority tasked to maintain peace and gather evidence to prove their guilt in court.
order, enforce the law, protect life, liberty and property and a. Crime prevention
ensure public safety.
a. police b. criminal investigation
b. prosecution c. Crime control
c. court d. Intelligence work
d. corrections 34. An attached agency of the Office of the President tasked to
24. System of taking care of the custody, rehabilitation and implement and undertake drug law enforcement.
treatment of persons convicted of committing crime. a. Narcotics Command
a. police b. AID-SOTF
b. prosecution c. PDEA
c. court d. NBI
d. corrections 35. Sworn statement, subscribed by Offended party, any peace
25.The “Anti Graft and Corrupt Practices Act”. officer of public officer in charged of enforcement of the law
a. R.A. 8294 violated filed either to the court or to the office of the
b. R.A. 7080 prosecutor.
c. R.A. 1379 a. Complaint
d. R.A. 3019 b. Information
26. Exclusive original jurisdiction over all offenses punishable c Pleadings
with imprisonment not exceeding six years. d. affidavit
a. Supreme Court 36. Is an inquiry or proceeding to determine whether there is
c. RTC sufficient ground to engender a well-founded belief that a crime
b. Court of Appeals has been committed and the respondent is probably guilty
d. MTC thereof, and should be held for trial.
27. It is otherwise known as the Department of the Interior and a. preliminary investigation
Local Government Act of 1990, enacted on December 13, 1990. b. Prejudicial question
Established the PNP, BFP, BJMP and the PPSC. c. inquest proceeding
a. R.A. 6975 d. custodial investigation
b. P.D. 1184 37. Preliminary investigation is conducted on cases punishable
c. R.A. 8551 by:
d. R.A. 6040 a. at least four (4) years, two (2) months and
28. Refers to that sector of society composed of NGO’s, cause one (1) day.
oriented groups and advocacy groups that promote the welfare b. more than four years, two months and one day
of the people against all forms of abuse and exploitation. c. less than four years, two months and one day
a. crime control d. six years, one day and above
b. political parties 38. It is the actual restraint of a person into custody of the law
c. civil society in order for him to answer for the commission of an offense.
d. volunteer a. Arrest
29. It is the process of reducing if not eliminate the existence b. investigation
of a cause from initially occurring, thus, lessen the police work c. invitation
as suppressing the spread of criminality. d. seizure
a. Crime Prevention 39. It refers to the ways and means of trapping and capturing
b. Crime control the law breakers in the execution of their criminal plan.
c. Criminal apprehension a. Instigation
d. law enforcement b. Entrapment
30. Directly under the supervision of the Department of Justice, c. Investigation
its most important function in the Criminal Justice System is to d. Raid
maintain and recognize the rule of law through the speedy
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40. A pillar of our CJS which is not under or interdependent 50. The Lupon Tagapamayapa shall be composed of the Brgy.
from any branch of government. Chairman as Chairman of the Lupon and the Brgy. Secretary as
a. prosecution the Secretary of the Lupon and other members who shall be:
b. correction a. more than 10 but less than 20
c. court b. not less than 10 but not more than 20
d. community c. more than 10
41. During trial of a criminal case, it is the prosecutor who d. less than 10
directs the prosecution of the offense and he/she did it on the 51. When arrest may be made?
behalf of the state. Once a case is elevated to the higher court a. At any time of the day and night
such as Court of Appeals, who represents the State in the b. At day time
prosecution of the offense? c. At night time
a. Chief State Prosecutor d. from sun dust till dawn
b. Solicitor General 52. Under what circumstances arrest can be made even without
c. National or provincial prosecutor a warrant?
d. Judge a. All of these
42. It refers to the questioning initiated by law enforcement b. When the crime was committed in the presence of
officer after a person has been taken into custody. the arresting officer.
a. custodial investigation c. When the crime was in fact been committed and
c. interview there is personal knowledge based on probable cause that the
b. inquest person to be arrest has committed it.
d. interrogation d. When the person to be arrested is an escapee
43. In cases committed by Public officer with salary grade 27 53. Refers to the counsel provided by the government to assist
and above in violation of Act 3019, R.A. 1379 or Art. 210 to 212 destitute litigant?
of the Revised Penal Code a complaint should first be filed to a. Counsel de officio
the office of _______ for the conduct of the required b. counsel de parte
preliminary investigation. c. Public Attorney’s Office
a. Ombudsman d. volunteer counsel
b. Solicitor General 54. It is a process directed to a person requiring him to attend
c. Judge of MTC and to testify or to bring with him any books or documents
d. the President under his control at the trial of an action.
44. In flagrante delicto means ______? a. subpoena
a. caught in the act b. subpoena ad testificandum
b. caught after commission c. subpoena duces tecum
c. instigation d. warrant of arrest
d. entrapment 55. The “anti-Plunder Act”.
45. Courts in the Philippines are cloth with the power or try a. R.A. 7080
cases submitted to for adjudication. What term is use in b. R.A. 3019
referring to the authority or power to hear and decided cases. c. R.A. 1379
a. Jurisdiction d. R.A. 6713
b. Venue 56. This attached agency of the DOJ is tasked to provide free
c. Jurisprudence legal assistance to poor members of society:
d. Territory a. National Bureau of Investigation
46. It is the authority of the court to try/hear cases for the first b. National Prosecution Service
time to the exclusion of other courts. c. Board of Pardons and Parole
a. original jurisdiction d. Public Attorney’s Office
c. exclusive jurisdiction 57. This is the power to apply the law to contests or disputes
b. appellate jurisdiction concerning legally recognized rights or duties between the
d. concurrent jurisdiction state and private persons, or between individual litigants in
47. It is the formal reading of the charges against a person cases properly brought before the judicial tribunal.
accused of a crime and latter asking him whether he pleads a. Judicial Power
guilty or not to the crime charged. b. Judicial Review
a. arraignment c. Court
b. preliminary investigation d. Court of Justice
c. plea 58. This is the process or method whereby accusations are
d. promulgation of judgment brought before the court of justice to determine the innocence
48. It is a body of men created to settle disputes within or guilt of the accused.
Barangay level. a. Prosecutor
a. barangay tanod b. Prosecution
b. pangkat tagapagkasundo c. Trial
c. barangay council d. Preliminary Investigation
d. lupon tagapamayapa 59. The settlement of a dispute by a person/s chosen to hear
49. It is the most common way by which the police discovers both sides and to come to a decision.
or it informed that a crime has been committed: a. Mediation
a. When the witness voluntarily reports the crime. b. Settlement
b. When the police discovers the crime c. Arbitration
c. When the victim reports the crime d. Agreement
d. When the suspect surrenders 60. One who prosecutes another for a crime in the name of the
government?
a. Public Prosecutor
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b. Private Prosecutor 70. There are how many members the composed the Lupon?
c. Prosecution a. 3 members
d. Ombudsman c. 5 to 10 members
b. 10 to 20 members
61. It refers to the “court of last resort”. d. 5 members
a. RTC 71. It is granted to convicted offenders who have served a
b. Sandiganbayan portion of their service granted by the Board of Pardons and
c. Supreme Court Parole.
d. MTC a. Pardon
62. This court was created under RA 1125, as amended, b. Probation
which has exclusive appellate jurisdiction to review on appeal c. Amnesty
decisions of the Commissioner of the Internal Revenue d. Parole
involving internal revenue taxes and decisions of the 72. They serve as the conciliation panel consisting of three (3)
Commissioner of Customs involving customs duties. members.
a. Court of Justice 73. It is a security facility, usually operated by the police
b. Court of Appeals stations, for the temporary detention of persons held for
c. Sandiganbayan investigation or awaiting preliminary investigation before the
d. Court of Tax Appeals prosecutor.
63. This court has jurisdiction over crimes committed by high- a. Lock-up jail
ranking public officials (with salary grade of 27 above), which b. Ordinary jail
can only be committed because of their position. c. workhouses
a. Court of Justice d. prison
b. Court of Appeals 74. It is a form of motivation granted by the Director of Prisons
c. Sandiganbayan whereby a number of days are deducted from the length of
d. Court of Tax Appeals years that a prisoner have been sentenced to serve for his good
64. It a writ order of the court bearing its seal and the signature conduct.
of the judge directing the jail or prison authorities to receive a. Commutation of sentence
the convicted offender for service of sentence. b. Parole
a. Commitment Order c. GCTA
b. Mittimus d. reprieve
c. warrant of arrest 75. Correctional institutions in the country is divided into
d. habeas corpus National and Local institution. What Department of the
65. Is that branch of the criminal justice system charged with Executive Branch is the one in charge of the National
the custody, supervision and rehabilitation of a convicted Penitentiary?
offender. a. Bureau of Jail Management and Penology
a. Penology b. Department of Justice
b. Probation c. Department of Interior and Local Government
c. Correction
d. Criminology d. Bureau of Correction
66. A Jail is a place for the temporary confinement for persons 76. It is the suffering that is inflicted by the state for the
awaiting court action as well as convicted persons serving short transgression of the law.
sentence. It was derived from what Spanish word? a. penalty
a. jaula b. self-defense
b. caula c. exemplarity
c. gaol d. punishment
d. hawla 77. City and Municipal is the division of our correctional
e. a and c institution which primarily in charge of those detention
67. Executive clemencies are acts of grace exercise by the prisoner, awaiting for final judgment of their trial and serving
president. Which of the following is not one of them? short sentences and under the Bureau of Jail Management and
a. Pardon Penology. While it is true that even the Provincials Jails like the
b. Amnesty City and Municipal Jails are under the DILG, it is subject to the
c. Commutation of Sentence control and supervision of the __________?
d. Parole a. Bureau of Jail Management and Penology
68. Prison is a place for confinement of convicted prisoners. b. Department of Justice
What classification of prisoners is sentenced to serve a prison c. Bureau of Correction
term of one day to three (3) years or whose fine is less than d. Provincial government
6,000 but more than 200 or both? 78. This is the process wherein the inmate, after serving his
a. National prisoner sentence, is released to be able to mingle with the community.
b. City prisoner a. Reintegration
c. provincial prisoner b. Reincarnation
d. municipal prisoner c. Realization
69. Prisons are institution for confinement of convicted d. Rehabilitation
offenders sentenced to more than three (3) years of
imprisonment. It is derived from the Greco-Roman word 79. It refers to the examination of an individual’s person,
_____? house, papers or effects, or other buildings and premises to
a. Presinto discover contraband or some evidence of guilt to be used in the
b. Precindio prosecution of a criminal action:
c. presidio a. Search
d. precinto
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 b. seizure 91. An attached agency of the DOJ which provides a less costly
c. Raid alternative to imprisonment of offenders
d. entrapment a. Board of Pardon and Parole
80. This court was established by virtue of PD1083, otherwise b. Bureau of Corrections
known as “Code of Muslim Personal Laws of the Philippines”. c. BJMP
a. Court of Tax Appeals d. Parole and Probation Administration
b. Shari’a Court 92. The administrative arm of the President of the Philippines
c. Sandiganbayan in the exercise of his constitutional power to grant, except in
d. Family Court cases of impeachment, pardon, reprieve and amnesty after
81. It is a written order of a court or authority consigning a conviction by final judgment.
person to jail or prison for detention. a. Board of Pardons and Parole
a. Warrant of Arrest b. Bureau of Corrections
b. Search Warrant c. BJMP
c. Mittimus d. Parole and Probation Administration
d. Commitment Order 93. An act created Board of Indeterminate Sentence.
82. The following are some of the purposes of corrections, a. Act 4103
except. b. Act 4102
a. Deterrence c. Act 4101
b. Rehabilitation d. Act 4100
c. Reintegration 94. Government agency which renders services for Children in
d. Reinvention Conflict with the Law.
83. Correctional institutions located in Abuyog, established in a. DILG
1972 b. DOJ
a. Sablayan Prison and Penal Farm c. DSWD
b. Leyte Regional Prison d. DOH
c. Iwahig Penal Colony 95. A child over fifteen (15) years of age at the time of the
d. National Bilibid Prison commission of the offense shall be exempt from criminal
84. Penal colony established by Governor Luke Wright on liability.
November 16, 1904 a. True
a. Sablayan b. False
b. Leyte Regional Prison c. Partially True
c. Iwahig Penal Colony d. Partially False
d. National Bilibid Prison 96. The Juvenile Justice Welfare Act.
85. Considered the oldest penal colony where Dr. Jose Rizal a. RA 9341
incarcerated. b. RA 9342
a. Sablayan Prison and Penal Farm c. RA 9343
b. Leyte Regional Prison d. RA 9344
c. Iwahig Penal Colony 97. The discernment is applicable to those children whose age
d. San Ramon Prison and Penal Farm is over nine under fifteen under the Juvenile Justice Welfare
86. An agency under the Department of Justice (DOJ) that is Act.
charged with custody and rehabilitation of national offenders. a. True
a. Bureau of Corrections b. False
b. National Bilibid Prison c. Partially True
c. BJMP d. Partially False
d. All of the above 98. The period of Probation for the penalty imposed is more
87. A term of imprisonment of more than three (3) years shall than a year is not to exceed six years.
be served under the jails being managed by BJMP. a. True
a. True b. False
b. False c. Partially True
c. Partially True d. Partially False
d. Partially False 99. Probation is a matter of right of every convicted person.
88. Created by virtue of Republic Act 6975, exercise supervision a. True
and control over all district, city and municipal jail nationwide. b. False
a. BJMP c. Partially True
b. Provincial Jail d. Partially False
c. BUCOR 100. Witness protection and Security Act passed and approved
d. CIW on April 24, 1991.
89. The following are the detention prisoners, except. a. RA 6984
a. Persons held for security reasons b. RA 6983
b. Persons held for investigation c. RA 6982
c. Persons waiting for final judgment d. RA 6981
d. Persons waiting for incarceration
90. Prisoners sentenced to 3 years 1 day to Reclusion Perpetua HUMAN RIGHTS EDUCATION
or Life Imprisonment. 1. It is defined as a number of basic rights that people
a. Insular Prisoners from around the world have agreed are essential.
b. City Jail prisoners a. Human dignity c. Human rights
c. Provincial jail prisoners b. Human life d. Human race
d. All of the above 2. What is the legal nature of the Universal Declaration
of Human Rights (UDHR)?
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a. The UDHR is a multilateral treaty possession from someone if this is in the public interest.
b. The UDHR is a UN General Assembly resolution b. Is violated if an entire village is evacuated
c. The UDHR is a UN Security Council resolution without due compensation in order to build a
d. The UDHR is a declaration adopted by several States hydroelectric power station.
at an international conference c. Allows a person to consider goods that they have
3. Human rights are also part of , contained in stolen as his/her property.
treaties and declarations that spell out specific rights that d. a and b
countries are required to uphold. 16. It states that the fulfilment of one right often depends,
a. municipal law c. Philippine law wholly or in part, upon the fulfilment of others.
b. international law d. state law a. Inalienable c. Inherent
4. Violations of human rights are rarely punished, b. Indivisibility d. Interdependence
especially those with regards the second- generation rights. 17. Holding a right can entail that one is free in one or
a. True. These rights have no fixed and well-defined more of a variety of senses. True or false?
forum to redress violations. a. True. Rights entitle everyone to be absolutely free.
b. True. These rights have no fixed and specific laws that b. True. Rights entitle their holders to freedom in some
can compel violators for accountability, sense.
c. False. You can simply file a case in court. c. False. Having rights does not mean you are
d. False. There are fixed forums for these violations. free.
5. Natural law conferred rights upon individuals viewed d. False. Holding a right is different compared to having
as part of the law of . freedom.
a. Man c. the people 18. Is defined as training, dissemination and information
b. Individuals d. God efforts aimed at the building of universal culture of human
6. Who classified Human rights into three generation of rights.
rights? a. Human rights
a. Eleanor Roosevelt c. Jaime Hernandez b. Human Rights Education
b. George Washington d. Karel Vasak c. Universal Declaration of Human Rights
7. It states that denial of one right invariably impedes d. International Bill of Rights
enjoyment of other rights. 19. What is the first ever recorded instrument pertaining
a. Inalienable c. Inherent to human rights?
b. Indivisibility d. Interdependence a. Universal Declaration of Human Rights
8. The last stage where these rights are enjoyed by the b. International Bill of Rights
citizens of the State by the transformation of the social, c. Magna carta of 1215
economic, and political order. d. Cyrus Cylinder
a. Positivization c. Idealization 20. It states that whether an individual possesses human
b. Implementation d. Realization rights does not depend on State recognition of those rights.
9. What article in the Universal Declaration of Human a. Inalienable c. Inherent
Rights that refers to the inalienability of rights? b. Indivisibility d. Interdependence
a. Article I c. Article 15 21. The American Declaration of Independence was
b. Article 30 d. Article 23 based on the understanding that certain rights, such as ‘life,
10. This refers to a person’s rights to take part in the civil liberty and the pursuit of happiness', were fundamental to their
and political life of their community without discrimination or citizens. True or false?
oppression. a. True. Americans value their citizens more than
a. civil and political rights c. bill of rights anything else.
b. economic, social and cultural rights d. women’s b. True. They were the leading proponent of
rights human rights.
11. The right to life is violated if: c. False. It was based on the international bill of rights.
a. Someone dies by accident due to a police force d. False. It was based on certain rights that were
preventing an attack on someone else’s life. fundamental to all people.
b. Someone dies due to an act of war, even if this was 22. It refers to the idea that whoever has the political
legal. authority within a country has the power to rule and pass laws
c. Someone dies due to unnecessary force by the over that territory.
police. a. Police power c. Power of eminent domain
d. Someone dies because of cancer. b. Sovereignty d. Taxation
23. The following are the freedoms proclaimed by U.S.
12. This group includes rights such as the right to health, President Roosevelt that everyone ought to enjoy, except one.
the right to education and the right to work. a. Freedom from fear c. freedom of
a. civil and political rights c. bill of rights expression
b. economic, social and cultural rights d. b. Freedom from want d. freedom of belief
women’s rights 24. Every person has human rights simply because they
13. Who has the responsibilities to protect human rights? are .
a. Government c. a & b a. human beings c. persons
b. Individuals d. none of the above b. individuals d. citizens
14. Rights that can be applied to a group of persons are 25. He detached natural law from religion but laid the
called? basis of several forms of natural rights.
a. collective rightsc. individual rights a. Hugo Grotius c. John Locke
b. group rights d. class rights b. Eleanor Roosevelt d. John Rawls
15. The right to property:
a. Doesn’t mean that governments cannot take a 26. A right is enjoyed only if it is recognized and protected

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by legislation promulgated by the state. This refers to.. a. public good c. public interest
a. Natural Law theory c. Positivist theory b. public welfare d. public want
b. Utilitarian theory d. Marxist theory 37. The following are examples of non-state actors,
27. Ideas about justice were not yet prominent in the except..
thinking of philosophers in the Middle Ages, the Renaissance a. United Nations c. Mc Donalds
and the Enlightenment. True or false? b. Media d. Cuba
a. True. What was important those times were war. 38. They are beyond the direct reach of international
b. True. Philosophers were more focus on religion human rights law.
than the thought of justice. a. Non-state actors c. State actors
c. False. Thoughts of justice were already prominent in b. China d. Stage actors
those eras.
d. False. The idea of justice was prominent during the 39. When did the Philippines ratified the International
Renaissance era only. Covenant on Civil and Political Rights?
28. UDHR aims to recognize the dignity and of a. June, 7, 1974 c. December 10, 1948
the equal and inalienable rights of all members of the human b. October 23, 1986 d. October 24, 1945
family is the foundation of freedom, justice and peace in the 40. Why was UDHR adopted by the United Nations?
world. a. To set standards on the treatment of every
a. individual c. people individuals.
b. inherent d. common b. In response to the “barbarous acts which
29. UDHR has 31 articles. outraged the conscience of mankind” during the
a. True. c. probably Second World
b. False. d. partly War.
30. According to Article 26 of the UDHR, “Everyone has c. To introduce a law that can protect people from unjust
the right to education directed to the full development of treatment.
human personality”. Does this mean that governments are d. In response to the growing number of emerging
compelled to give free education to its citizens? states so that their citizens will be treated fairly and equally.
a. Yes. Because it was mandated by the UDHR and we 41. Where was the Universal Declaration adopted?
need to follow them. a. Palais de Chaillot, Paris, France c. Twin Tower,
b. No. UDHR is a mere declaration, without the USA
force and effect of law. b. Palais de Charlotte Paris, France d. Geneva
c. Probably, since UDHR is a guiding principle for states. Switzerland
d. Absolutely, especially if the government is a signatory 42. The said article enumerates a number of obligations
of the treaties pertaining to it. including Universal respect for an observance of human rights
31. Are UDHR articles absolute and needs to be adhered and fundamental freedoms for all without distinction as to race,
to always? sex, language or religion.
a. Yes. UDHR is part of the international law, therefore, a. Article 57 of the Charter c. Article 55(c) of the
states have no choice but to follow them. Charter
b. No. UDHR is a mere declaration, thus it’s not b. Article 25(b) of the UDHR d. Article 15 of the UDHR
enforceable. 43. To whom does the Universal Declaration of Human
c. It depends on the state whether it will follow it or not. Rights apply?
d. Never. They’re only guiding principles and not a law. a. States c. Government
32. A person is entitled to social and to security in b. Individuals d. Non-states
the event of unemployment, sickness, disability- widowhood, 44. Why is the Universal Declaration of Human Rights
old age, or other lack of livelihood in circumstances beyond his important to you?
control. a. Because it protects and promotes your individual
a. services c. skills rights.
b. gatherings d. appearance b. Because it is the law and we should obey it.
33. What do governments do in order to incorporate c. Because it is the declaration acknowledging our
treaties and other international law provisions in our country? individual rights.
a. Ratify the law c. Enact the law d. Because without it, human rights abuses will
b. Scrap the law d. Modify the law be rampant.
34. The branch of the government that exercise police 45. The Universal Declaration of Human Rights, together
power. with the International Covenant on Civil and Political Rights and
a. Executive c. Judiciary the International Covenant on Economic, Social and Cultural
b. Legislative d. Philippine National Police Rights are also called..
35. The State can never deprive persons of life, liberty a. International law c. International Bill of Rights
and property even if due process of law was provided. b. International Conventions d. International
a. True. A person’s right to life, liberty and property is Human Rights Law
absolute. 46. What is the meaning of collective rights?
b. True. Such rights are well protected by the a. Collective rights belong to distinct groups of people
Constitution. b. Collective rights are those that belong to
c. False. As long as due process is given to a particular groups as opposed to the individual members
person, deprivation of his rights is allowed. of the group
d. False. State can deprive persons of life, liberty and c. Minority rights are collective rights
property. d. Collective rights entail a right of the group as such as
36. The police power legislation must be firmly grounded well as individual rights of the group's members
on and welfare, and a reasonable relation must exist 47. According to the clauses of the right to education:
between purposes and means. a. Individuals and groups are allowed to open a

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school, as long as they fulfil the minimum legal b. Economic and Social Council d. United Nations
conditions. 57. Many countries that ratified the ICCPR also agreed
b. There are no obligations concerning the contents of that the may investigate allegations by individuals and
educational programs. organizations that the State has violated their rights.
c. Governments are bound to provide compulsory a. United Nations c. Human Rights Committee
education for all young people under 18. b. International Police d. International Court of
d. Governments are bound to adhere to international Justice
law. 58. It proclaimed that the human rights education,
48. The right to a healthy environment: training and public information were essential for the
a. Forbids states to dump toxic waste that spoils the soil promotion and achievement of stable and harmonious relations
irreversibly. among communities and for fostering mutual understanding,
b. Aims at protecting human beings, animals and tolerance and peace.
plants. a. Universal Declaration of Human Rights c.
c. Is not yet fixed as a universal right. Geneva Convention
d. Provides for minimum health protocol. b. Vienna Declaration Program of Action d. Huge
49. Punishment of children in schools: Convention
a. Is not allowed in the form of corporal 59. The promotion and protection of human rights
punishment. became a fundamental objective of the
b. Is not forbidden if the punishment is mentally cruel. a. Allied powers c. States
c. May only be used if parents agree. b. Countries d. Non-states
d. Is allowed if children do not listen. 60. Under this doctrine, everyone is counted equally.
50. He said that the first virtue of any social institution is a. Natural Law theory c. Positivist theory
justice. b. Utilitarian theory d. Marxist theory
a. Hugo Grotius c. John Locke 61. In Oposa vs. Factoran, Jr., G.R. No. 101083, July 30,
b. Eleanor Roosevelt d. John Rawls 1993, the Supreme Court held that the personality of the
petitioners to sue is based on the concept of:
51. The freedom of religion: a. ecological responsibility c.
a. Cannot be denied to people on the ground that they intergenerational responsibility
belong to a minority religion. b. environmental accountability d.
b. Obliges nations to recognize and subsidize religions. interdisciplinary responsibility
c. Cannot be restricted in any way by a state.
d. Can be regulated by the state. 62. Under the Rules on the Writ of Amparo, interim relief
52. The following are the duties of governments who orders may be issued by the Court except:
ratifies the international bill of rights, except, a. Production order c. Hold departure order
a. To respect Human Rights by creating constitutional b. Witness protection order d. Temporary protection
guarantees of human rights. order
b. To protect Human Rights by educating people about
human rights and the importance of respecting the human 63. ______ are those human rights relating to the
rights of others. workplace, social security, family life, participation in cultural
c. To promote Human Rights by conducting awareness life, and access to housing, food, water, health care and
programs. education
d. To fulfill Human Rights by providing free, high- a. Economic, Social and Cultural Rights
quality public education. b. Political, Social and Economic Rights
53. Who has the primary power to make laws in the c. Workplace, Social Security and Political Rights
government? d. None of the above
a. President c. Legislative body 64. Which of the following is not an example of social
b. Chief justice of the Supreme Court d. Senate legislation in the Philippines?
President a. Importability Law
54. A state commits human rights violations when b. GSIS Law
a. The state does nothing to intervene and protect c. Portability Law
vulnerable people and groups. d. Kasambahay Law
b. The state does not provide for fair trial to someone
facing allegations in court. 65. __________ are organized for collective
c. A and B bargaining as well as other legitimate purposes
d. None of the above. a. Worker’s Associations
55. Can you live without Human Rights? b. Freemasons
a. Yes. These rights are for the protection of individuals c. Unions
and not essential to life. d. Civic organizations
b. Yes. However, without these rights, individuals are 66. Under the Anti-Terrorism Act, the initial period of
not guaranteed to have a peaceful life. surveillance which may be ordered by the Court of Appeals,
c. No. Human Rights are essential and thus upon a finding that any of the specified acts of terrorism has
without it, life is meaningless. been or is being committed, is ______ days, which may be
d. Absolutely no. You can’t live without Human Rights. renewed or extended for another non-extendible thirty (30)
56. Article 62(2) of the UN Charter mandates that days
may make recommendations for the purpose of a. 45 days
promoting respect for an observance for human rights and b. 50 days
fundamental freedom for all. c. 55 days
a. Human Rights Commission c. Trusteeship System d. 60 days

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67. _____is a legal remedy under Philippine law for adopted on _____
persons whose constitutional right to “a balanced and healthful a. December 1, 1948
ecology” is violated by an unlawful act or omission of a public b. December 10, 1948
official, employee, or private individual or entity. c. December 11, 1948
a. Writ of Amparo d. December 31, 1948
b. Writ of Habeas Data 77. Which Article of the Third Geneva Convention of 1949
c. Writ of Kalikasan defines the prisoners of War?
d. Writ of Habeas Corpus a. Article 1
68. People’s right to preserve their own cultural identity b. Article 2
and control the course of their political life. c. Article 3
a. Freedom of Association d. Article 4
b. Right of Self- Determination 78. Which one of the following statements is not correct
c. Religious Freedom about the Refugees?
d. None of the above a. They are outside their country
69. _______ is a state of complete physical, b. Fear of persecution
mental and social well-being, not merely the absence of disease c. Absence of National protection
or infirmity, in all matters relating to the reproductive system d. Poverty as reason of being outside the country
and to its functions and processes 79. Arrange the following Human Rights Conventions in
a. Reproductive Health the chronological order of their adoption:
b. Reproductive Rights (i) Convention on the elimination of all forms of
c. Reproductive Health law discrimination against women
d. International Reproductive Rights (ii) Convention on the prevention and punishment of the
70. When is Human Rights Day usually observed? crime of genocide
a. Every 9th of December (iii) Convention on the protection of the Rights of Migrant
b. Every 10th of December workers
c. Every 11th of December (iv) Convention against Torture
d. Every 12th of December Codes:
71. It is the freedom and ability to make your own a. (i), (ii), (iii), (iv)
decisions in life, without having to ask other people for b. (ii), (i), (iv), (iii)
permission, help, or money c. (iii), (ii), (i), (iv)
a. Self-determination d. (iv), (iii), (ii), (i)
b. Independence 80. Arrange sequence of following concepts as they
c. Self- Rule appear in the Universal Declaration of Human Rights, 1948,
d. None of the above using codes given below:
72. The state shall protect and advance the right of the (i) Marriage
people to a balanced and healthful ecology in accord by the (ii) Right to Education
rhythm and harmony of nature (iii) Arbitrary arrest
a. ARTICLE 11, Section 16 Equality Codes:
b. ARTICLE 16, Section 11 a. (iii) (ii) (i) (iv)
c. ARTICLE 12, Section 5 b. (iv) (ii) (i) (iii)
d. ARTICLE 5, Section 12 c. (iv) (iii) (ii) (i)
73. ______ are the protection of natural d. (iv) (iii) (i) (ii)
resources, access to and use of natural resources and how to 81. Arrange sequence of following concepts as appearing
and of these resources affects surrounding populations, as well in International Covenant on Civil and Political Rights, 1966:
as the resources themselves. (i) Liberty of movement
a. Social Rights (ii) Torture, in human treatment and punishment
b. Natural Rights (iii) Slavery
c. Environmental Right (iv) Family
d. Cultural Rights
74. ____ is a law which guarantees universal access to Codes:
methods on contraception, fertility control, sexual education,
and maternal care. a. (iii) (ii) (i) (iv)
a. Responsible Parenthood and Reproductive Health Act b. (ii) (iii) (i) (iv)
of 2012 c. (ii) (iii) (iv) (i)
b. Responsible Parenthood and Reproductive d. (iv) (i) (iii) (ii)
Health Act of 2013 82. Assertion (A): Capital punishment (Death Sentence) is
c. Responsible Parenthood and Reproductive Health Act impermissible Under the Universal Declaration of Human Rights
of 2014 (UDHR).
d. Responsible Parenthood and Reproductive Health Act
of 2015 Reason ® : According to Article 5 of the Universal
75. Set of qualities, differentiated roles or responsibilities, Declaration of Human Rights (UDHR), no one shall be
attitude and values assigned by culture and society to women subjected to Torture or to cruel, inhuman or degrading
and men. treatment or punishment.
a. Sex
b. Gender Codes:
c. LGBTQIA a. (A) Both (A) and (R) are correct and (R) is the
d. All of the above correct explanation of (A)
76. The Universal Declaration of Human Rights was b. (B) Both (A) and (R) are correct and (R) is not the

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correct explanation of (A) c. To require a 15-year old to work without obtaining the
c. (C) (A) is correct, but (R) is incorrect requisites working permit is a form of child labor
d. (D) (A) is incorrect, but (R) is correct d. Iya, who was engaged in a work that is not
83. The UN Sub-Commission on ‘The Prevention of child labor, is a working child
Discrimination and Protection of Minorities’ was established in 92. In what situation is an employer permitted to employ
1947 by a minor?
a. General Assembly a. 16-year old child actor as a cast member in soap opera
b. Security Council working 8 hours a day, 6 days a week
c. Commission on Human Rights b. A 17-year old in deep sea-fishing
d. International Court of Justice c. A 17-year old construction worker
84. The _____ central aim is to strengthen the global d. A 17-year old assistant cook in a family
response to the threat of climate change by keeping a global restaurant
temperature rise this century well below 2 degrees Celsius 93. Which of the following is not considered an employer
a. Kyoto Protocol by the terms of the Social Security System?
b. Doha Amendment a. A self-employed person
c. Montreal Protocol b. The government and any of its political subdivisions,
d. Paris Agreement branches or instrumentalities, including corporations owned or
85. In this case, the plaintiffs were the resident marine controlled by the government
mammals which inhabit the waters in and around the Tañon c. A natural persons, domestic or foreign, who carries on
Strait and were represented by their Stewards and an NGO in undertaking or activity of any kind and uses the services of
established for the welfare of the fisher folk. another person who is under his orders as regards the
employment
a. ISAAA v. Greenpeace Southeast Asia (Philippines), d. A foreign corporation
G.R. No. 20927, 8 December 2015 94. It is defined as any union or association of employees
b. Arigo et., al. vs. Swift, et., al., G.R. No. 206510, which exists in whole or in part for the purpose of collective
September 16, 2014 bargaining with employers concerning terms and conditions of
c. Segovia et., al. vs. the Climate Change Commission, employment
et.,al., G.R. No. 211010, 7 March 2017 a. Bargaining representative
d. None of the above b. Labor organization
86. Which is not an example of ruse: c. Legitimate labor organization
a. ambushes d. Federation
b. camouflage 95. These are protracted armed confrontations occurring
c. misinformation between governmental armed forces and the forces of one or
d. Perfidy more armed groups
87. The following acts constitute perfidy if used while a a. International Armed Conflicts
hostile act is being committed, except: b. Non-International Armed Conflicts
a. Faking an intent to negotiate under a flag of truce or c. Universal Armed Conflicts
to surrender d. None of the above
b. Faking protected civilian status 96. The 1987 Philippine Constitution provides for the
c. Improper use of flags, emblems, insignia or uniforms "separation of church and state shall be inviolable." This clause
of the adversary is implemented most by the constitutional principles embodied
d. None of the above under the _______:
88. Who of the following was the main mover behind the a. the free exercise clause;
Universal Declaration of Human Rights? b. the non-establishment clause;
a. Woodrow Wilson c. the freedom of religious belief clause;
b. Franklin D. Roosevelt d. the freedom of religion clause.
c. Thomas Paine 97. A was born in 1974 to a Filipino mother and
d. Eleanor Roosevelt Senegalese father. She has been living and continues to live in
89. Husband and wife have a right to each other’s Italy for the last 15 years and has also been naturalized as an
company- This right is called Italian citizen. She recently reacquired Philippine citizenship
a. Legal Right under RA 9225, the Citizenship Retention and Reacquisition Act
b. Matrimonial Right of 2003. Can A vote in the next national elections?
c. Consortium Right a. Yes. Dual citizens who are not residents may
d. Conjugal Right register under the Overseas Absentee Voting Law.
90. Which is not a constitutional right of the workers? b. Yes. A is a Filipino citizen and thus may enjoy the right
a. The right to engage in peaceful concerted activities to suffrage like everyone else without registering as an
b. The right to enjoy security of tenure overseas absentee voter.
c. The right to return on investment c. No. A fails the residency requirement under Section 1, Article
d. The right to receive a living wage V of the Constitution for Filipinos.
91. Iya, 15 years old, signed up to model a clothing brand. d. No. Dual citizens upon renunciation of their Filipino
She worked from 9am to 4 pm on weekdays and 1pm to 6pm citizenship and acquisition of foreign citizenship, have
on Saturdays for two (2) weeks. She was issued a child working practically and legally abandoned their domicile and severed
permit under RA 9231. Which of the following statements is the their legal ties to their homeland as a consequence.
most accurate?
a. Working permit for Iya’s employment is not required 98. In the hierarchy of civil liberties, which right occupies
because the job is nit hazardous the highest preferred position:
b. Her work period exceeds the required working hours a. right to academic freedom
for children aged 15 years old b. right to a balanced and healthful ecology

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c. right to freedom of expression and of assembly crimes
d. right to equal health b. material crimes d. complex
99. Under Article III, Section 2 of the Bill of Rights, which crimes
provides for the exclusion of evidence that violate the right to 9. As a general rule light felonies are punishable only when
privacy of communication and correspondence, to come under they are _______, with the exception of those committed
the exclusionary rule, the evidence must be obtained by: against persons or property.
a. private individuals acting on their own a. consummated c. attempted
b. government agents b. frustrated d. none of the
c. private individuals acting on orders of superiors above
d. former high government officials 10. One of the theories in criminal law which states that man
100. Under Article III, Section 12 of the Constitution, any is subdued occasionally by a strange and morbid phenomenon
person under investigation for the commission of an offense which constrains him to do wrong in spite of or contrary to his
shall have the right to be informed of his right to remain silent, own volition.
etc. The investigation referred to is called: a. Positivist theory c. Neo classical theory
a. preliminary investigation; b. Classical theory d. All of the above
b. summary investigation; 11. _______ is an act of sovereign power granting a general
c. criminal investigation; pardon for past offense and is rarely exercised in favor of a
d. custodial investigation. single individual and is usually granted to certain classes of
persons usually political offenders, who are subject to trial but
CRIMINAL LAW BOOK1 not yet convicted.
1. Which among the following is not an afflictive penalty? a. pardon c. parole
a. Reclusion perpetua c. prision mayor b. commutation d. amnesty
b. reclusion temporal d.arresto mayor 12. It is a rule regarding the jurisdiction of a coastal state
2. Under the ________ the maximum duration of the whenever a crime is committed aboard a foreign merchant
convict’s sentence shall not be more than three (3) times the vessel whenever that merchant vessel is within the
length of time corresponding to the most severe penalties jurisdiction of that coastal state. According to this rule such
imposed upon him which however shall not exceed forty (40) crimes are triable in that country, unless their commission
years. affects the peace and security of the coastal state.
a. Supreme Court Ruling c. 1987 Constitution a. French Rule c. English Rule
b. Revised Penal Code d. Three fold rule in b. Filipino Rule d. American Rule
the service of sentence 13. Acts and omissions punishable by law (RPC) are known
3. Which law prohibited the imposition of the death penalty? as:
a. RA 9262 c. RA 9211 a. Felonies c. Culpa
b. RA 9346 d. RA 9344 b. Fault d. Crimes
4. What is the first and indispensable requisite of self 14. Who grants absolute pardon the effect of which will
defense? extinguish criminal liability?
a. unlawful aggression a. Chief Executive or President c. Offended party
b. reasonable necessity of the means employed to prevent or b. Board of Pardon or Parole d. Supreme Court
repel it 15. There is _______ when the criminal act is performed with
c. lack of sufficient provocation on the part of the person deliberate intent.
defending himself a. freedom of action c. fault
d. the person defending be not induced by hatred, revenge or b. fault d. dolo or deceit
other evil motive. 16. When the wrongful act results from imprudence,
5. A _____ exists when two or more persons come to an negligence, lack of foresight or lack of skills then there is:
agreement concerning the commission of a felony and decide a. dolo c. fault or culpa
to commit it. b. deceit d. malice.
a. conspiracy c. proposal 17. These are circumstances which are grounds for
b. piracy d. criminal exemption from punishments because there is wanting in the
agreement agent of the crime any of the conditions which make the act
6. It is that characteristics of criminal law which states that voluntary or negligent.
criminal law is binding on all persons who live or sojourn in a. exempting circumstances
the Philippines regardless of sex, age and nationality. b. justifying circumstances
a. General c. Territorial c. alternative circumstances
b. Practical d. Prospective d. mitigating circumstances
7. Article 366 is the second to the last article of the RPC. It 18. What do you mean by the Latin, “NULLUM CRIMEN
says: felonies and misdemeanors, committed prior to the date NULLA POENA SINE LEGE”?
of the effectiveness of this Code, shall be punished in a. There is no crime in impossible crime.
accordance with the Code or acts in force at the time of their b. There is no crime if the offender is minor.
commission” This illustrates one of the characteristics of the c. Ignorance of the law excuses one from compliance
Revised Penal Code which is: therewith.
a. general c. territorial d. There is no crime if there is no law punishing it.
b. prospective d. extraterritorial. 19. It is the moving power which impels one to action for a
8. Material crimes are crimes that have three stages namely definite result.
attempted, frustrated and consummated stages, whereas a. intent c. motive
__________ are crimes that are consummated in one instant, b. malice d. lack of
that is it may not have an attempted or a frustrated stage foresight
such as acts of lasciviousness, slander, false testimony etc. 20. What crime exists when a single act constitutes two or
a. formal crimes c. continuing more grave or less grave felonies or when an offense is a

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necessary means of committing the other? a. consummated felony c. attempted felony
a. continuing crime c. habitual b. frustrated felony d. none of the above
delinquency 30. A felony is _______ when the offender performs all the
b. transitory crime d. complex acts of execution which should produce the felony as a
crime consequence but which, nevertheless, do not produce it by
21. “Aberratio Ictus” simply means: reason of causes independent of the will of the perpetrator.
a. mistake in the blow c. result greater than a. consummated felony c. attempted felony
intended b. frustrated felony d. infraction of law
b. mistake in the identity d. mistake of fact 31. What aggravating circumstance generally can be applied
22. Rhea was driving her car when he bumped Mario. Mario to all offenses/crimes like recidivism, dwelling, price, etc?
died as a result. At the trial of the case the prosecutor was a. specific c. inherent
able to prove that Rhea had the “mens rea” when he bumped b. generic d. qualifying
the victim Mario. Hence the information for Reckless 32. How do you call an offender who within a period of ten
Imprudence resulting in Homicide was dismissed and a new (10) years from the date of his release or from the date of his
information for murder was filed against Rhea. What is meant release or last conviction of the crimes of serious or less
by “mens rea”? serious physical injuries, robo (robbery) hurto (theft) estafa or
a. Mens Rea means crime committed falsification is found guilty of any of said crimes a third time
b. Mens Rea means absence of crime or oftener?
c. Mens Rea means knowledge of the crime a. recidivist c. reiteration
d. Means Rea simply means “criminal intent” b. quasi recidivist d. habitual delinquent
that is the act of Rhea was intentional and not 33. What is the prescriptive period of crimes punishable by
accidental. death reclusion perpetua or reclusion temporal?
23. What kind of executive clemency wipes away the guilt of a. 5 years
the convicted person. As the name implies it is exercised by b. 10 years
the President subject to certain constitutional limitations. In c. 15 years
the language of the revered Luis B. Reyes book, it is an act of d. 20 years
grace proceeding from the power entrusted with the 34. What characteristics of criminal law says that “criminal
execution of the laws which exempts the individual on whom laws undertake to punish crimes committed in Philippine
it is bestowed from the punishment the law inflicts for the territory?”
crime he has committed. a. general c. territorial
a. Pardon c. Commutation b. prospective d. extraterritorial
b. Amnesty d. Parole 35. It is an aggravating circumstance done by the offender
24. What is incurred by one who commits a felony although by which means are resorted to in order to conceal his
the wrongful act is different from that which he intended? identity such as covering his face with a bonnet/handkerchief
a. reward c. imprisonment at the time of the commission of the crime.
b. punishment d. criminal a. craft
liability b. fraud
25. What is that cause which, in natural and continuous c. disguise
sequence, unbroken by any efficient intervening cause, d. ignominy
produces the injury, and without which the result would not 36. There is _____ when a person who has decided to
have occurred. commit a felony proposes its execution to some other person
a. efficient intervening cause or persons.
b. indeterminate offense a. conspiracy
c. proximate cause b. proposal
d. immediate cause c. collusion
26. The Witness Protection, Security and Benefit Program of d. collaboration
the Department of Justice is: 37. __________ are those where the act committed is a
a. RA 9165 c. PD 968 crime, but for reasons of public policy no penalty is imposed.
b. RA 8294 d. 6981 a. absolutory causes
27. ACT 3815 is also known as the Revised Penal Code. b. exempting circumstances
When was this Code approved? c. mistake of fact
a. January 1, 1932 d. instigation
b. February 2, 1987
c. December 8, 1930 INTERMEDIATE QUESTIONS
d. April 13, 2029
28. What crime is committed which is made against persons 38. In the old days what was followed was the retreat to the
or property but which is of impossible accomplishment wall doctrine. NOW, it has given way to the stand ground
because of its inherent impossibility or on the account of the when in the right doctrine which means:
employment of ineffectual or inadequate means. a. where the accused/defender is where he has the
a. continuing crimes right to be, the law does not require him to retreat
b. impossible crimes when his assailant is advancing upon him with a
c. compound crime deadly weapon.
d. attempted crimes b. the accused/defender must as much as possible retreat
29. This takes place when the offender commences the when his opponent is attacking him and fight only when there
commission of a felony directly by overt acts, and does not is no other way of escaping such as when cornered against
perform all the acts of execution which should produce the the wall.
felony by reason of some cause or accident other than his c. the accused/defender must not fight in any event
own spontaneous desistance. d. the accused/defender must stand and wait for the fatal

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blow until he dies. the person who caused injury to another. That person
however is not criminally liable because he did not act with
39. X, Y and Z conspired to rob the Philippine National Bank criminal intent. It is expressed in the Latin phrase “ignorantia
in their secret safe house. While they are planning how to legis non excusat”.
commit the crime, operatives of the NBI barged in and a. aberration ictus c. mistake of
arrested the group. What crime was committed by X, Y and fuck
Z? b. mistake in the blow d. mistake of
a. no crime was committed fact
b. under the facts no crime was committed 48. What is meant by “Actus me invito factus non est meus
as mere conspiracy to commit a crime is not actus”?
punishable a. There is no crime if there is no law punishing it.
c. attempted robbery b. An act done by me against my will is not my
d. frustrated robbery act
40. X was charged before the court. During the pendency of c. The act itself does not make a man guilty unless his
his trial he died. What would be the effect of his death on the intention were so
case involved and on his criminal liability? d. Ignorance of the law excuses no one from
a. the criminal case will be dismissed and his criminal compliance therewith.
liability is extinguished. 49. What is meant by “Actus non facit reum nisi mens sit
b. the criminal case will proceed and his criminal liability is not rea?”
extinguished. a. There is no crime if there is no law punishing it
c. the criminal case will be archived to wait for his b. An act done by me against my will is not my act
resurrection. c. The act itself does not make a man guilty
unless his intention were so
41. All of the following are exempted from the operation of d. Ignorance of fact excuses one from crime
our criminal laws EXCEPT: 50. Which of the following crimes over which the Philippine
a. Sovereign Heads and Chiefs of State laws have jurisdiction even if the same is committed outside
b. Ambassadors the Philippine territory?
c. Consuls a. Espionage c. Piracy and
d. Ministers Plenipotentiaries and Charge’s D Afffaires Mutiny in the high seas
42. Which article of the Revised Penal Code talks about the b. misprision of treason d. treason
extraterritorial provision of the Revised Penal Code that is e. all of the above
even if certain crimes are committed abroad still Philippine 51. All of the following are requisites of “obedience to order
Courts will have jurisdiction to try those certain offenses. issued by superior” EXCEPT:
a. article 1 b. article 2 a. an order has been issued by a superior
c. article 100 d. article 367 b. such an order was issued for some lawful purpose
43. Which among the following is already punishable by law c. the means used by the subordinate in carrying the order
by mere decision to commit it? was lawful
a. conspiracy to commit a very beautiful woman d. none of these
b. conspiracy to commit rebellion/insurrection 52. X attempted to commit unjust vexation (a crime against
c. conspiracy to commit treason personal liberty and security), a light felony punishable by
d. conspiracy to kill the Senate President or the Speaker of arresto menor against Y. Assume that X was charged before
the House the court of the crime of attempted unjust vexation. What do
e. both b and c you think will most likely happen?
44. All of the following are exceptions to the territorial a. X will be convicted as an attempt to commit a crime is
characteristics of our criminal laws EXCEPT: punishable.
a. Those who should commit an offense while on a Philippine b. X will be convicted but be will placed under probation as
Ship or airship. the crime is probationable
b. Those who should forge or counterfeit any coin or currency c. X will be acquitted because an attempted light
note of the Philippine obligations and securities issued by the felony of a crime not against persons or property is
Philippine government. not punishable under the law.
c. Those who shall commit rebellion against the d. X will bribe the prosecutor so as to secure an acquittal.
government of the Philippine Islands even though 53. If X committed a crime because he was drunk at the
committed outside the Philippine territory. time. But it was proven that his drunkenness was accidental.
d. Those who while being public officers or employees should Question: How is his accidental drunkenness appreciated as a
commit an offense in the exercise of their functions. circumstance affecting his criminal liability?
45. Which of the following is always exempted in all cases a. exempting c. mitigating
from criminal liability? b. justifying d. aggravating
a. person fifteen years of age or under 54. Which of the following is not an element of culpable
b. an imbecile felonies?
c. insane a. Freedom of action c. Intent
d. both a and b b. Intelligence d. Imprudence,
46. Which of the following is NOT an element of crimes negligence, lack of foresight or lack of skills
committed by means of dolo or deceit? 55. What crime is said to a crime committed against all
a. Freedom of action of the offender mankind and whose commission affects all territorial
b. Intelligence of the Offender boundaries such that the doer of this crime maybe arrested
c. Criminal intent of the offender anywhere in the world he might be seen because he is
d. Imprudence or negligence of the offender deemed to be “hostes humanis generis”?
47. __________ is a misapprehension of fact on the part of a. piracy

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b. treason violated one and the same penal provisions?
c. drug trafficking a. complex crime
d. rape b. special complex crime
56. When one fails to pay his lawful taxes, or fails to issue c. delito compuesto
receipts for services or goods rendered or delivered or fails to d. continuing crime
help his own victim whom he accidentally wounded, or fails to 64. Which among the following is a qualifying circumstance
report an attempted treason there is an __________ which is to the felony of murder?
defined as the failure to perform an act which is required by a. Treachery
law to be done. b. Insanity
a. act c. omission c. relationship
b. criminal liability d. procrastination d. recidivism
57. Which of the following does not belong to the group? 65. Under the old law a person under 9 but under 15 years
a. having acted upon an impulse so powerful as of age is exempted from criminal liability unless he acted with
naturally to have produced passion or obfuscation discernment. Under the new law, RA 9344, also known as the
b. any person who acts in the fulfillment of duty or in the Juvenile Justice and Welfare Act, A person over fifteen and
lawful exercise of right or office under 18 is exempt from criminal liability unless he acted with
c. any person who acts in obedience to an order issued by a discernment. What do you mean by discernment?
superior for some lawful purpose a. discernment is the ability of a minor to distinguish
d. state of necessity or avoidance of greater evil between right and wrong and to fully understand the
58. When a person is caught possessing an unlicensed consequences of his acts.
firearm, there must be “animus possidendi” on the part of the b. discernment is the act of a minor who commits a crime
offender so that he may be convicted of the crime punished c. discernment is the mental attitude displayed by a minor
by PD 1866 as amended by RA 8294, the law on illegal who commits a crime.
possession of firearms . What is meant by animus possidendi? d. discernment is a word that can only be understood if one
a. It simply means that there is an animal possessing a looks for its meaning in a good dictionary
firearm. 66. What is meant by “el que es causa de la causa es causa
b. Intent to possess del mal causado”?
c. Criminal intent a. he who is the cause of the cause is the cause
d. It means that the possessor of the firearm has no of the evil caused.
license to carry it. b. ignorance of the law excuses no one
59. X, a police officer arrested Y because the latter’s face is c. there is no crime if no law is punishing it
very ugly, so ugly that not even Y’s own mother could d. act by me against my will is not my act
stomach such an appearance. Among the following which do 67. What is the purpose of the law in punishing impossible
you think is the best defense of Y? crimes?
a. X has no authority to arrest Y. a. to suppress criminal propensities or
b. X had no warrant of arrest to arrest Y , therefore the tendencies
arrest was illegal b. to keep the potential criminal off the streets
c. X has to tell the judge handling the case that c. to serve as an example to others
“beauty is a relative term and that beauty is in the eye of the d. to deter others from committing the same act
beholder.” 68. Ambassador Fukimo Mikuto of Japan to the Philippines
d. Y’s possession of ugly face is not punishable killed (the) Filipina girlfriend of his boyfriend Ambassador
by law and the rule is “nullum crimen nulla poena sine Jackolino Mastovini of Italy. What crime can be charged
lege” against the ambassador?
60. In relation to the above question, for what crime would a. murder c. homicide
you charge X for arresting Y? b. physical injury d. no, crime as
a. ignorance of the law c. arbitrary she is exempted from our law
detention 69. Under article 5 of the Revised Penal Code, “when ever a
b. serious illegal detention court has knowledge of any act which it may deem proper to
61. What aggravating circumstance is present when a person repress and which is not punishable by law, it shall render the
commits a crime against the person employing means decision and shall report to the Chief Executive, through the
methods or forms in the execution thereof, which tend __________, the reasons which induce the court to believe
directly and specially to ensure its execution, without risk to that said act should be made the subject of a penal
himself arising from the defense which the offended party legislation.”
might make. a. Department of Justice
a. treachery b. Philippine National Police
b. ignominy c. Department of Interior and Local Government
C. passion d. Supreme Court
d. cruelty 70. Under article 12 of the RPC, a person is exempted from
62. In determining whether the crime has reached the criminal liability because of:
attempted or frustrated or consummated stage, what should a. complete absence intelligence
be considered? b. complete absence of freedom of action
a. elements constituting the felony c. complete absence of intent
b. nature of the offense d. complete absence of negligence
c. manner of committing the felony e. all of the above
d. all of the above
63. What crime is committed by one who acting under one (Note: The next three (3) question are connected to each
criminal resolution, commits a series of acts in the same place other)
and about the same time and all overt acts committed

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71. X is a 4th year criminology student. He is deeply in love b. frustrated arson
with Y a beautiful nursing student who is studying in the c. attempted arson
same school where he is enrolled. X’s offer of love to Y was d. no crime
rejected by the latter. It is for this reason that X decided to 78. X got mad with his neighbor so he lit a rag soaked with
rape Y. However he could not perpetrate his bestial desire gas and place it against the wall of his neighbor’s house. A
because Y is always guarded by her 6’10” basketball player small, very small portion, repeat, very small portion only of
boyfriend. Unable to satisfy his lust, X merely contented the house was burned. The fire that burned that portion could
himself in having sexual intercourse with Y in his deepest, not have even hurt anyone. Luckily the fire was put out
wildest, darkest and wettest imaginations day and night 24/7. before it become a major one. What crime was committed?
What crime did X commit? a. impossible crime of arson c.
a. immorality frustrated arson
b. attempted rape b. attempted murder d.
c. sin attempted arson e. arson
d. no crime 79. Grave abuse of confidence is an example of what king of
72. In the above case, assume that X got sick and tired of aggravating circumstance?
raping Y in his imagination. X wanted a real sexual a. qualifying c. inherent
intercourse but could not do so because Y is already taken by b. generic d. specific
another man and that he is so poor he could not even afford
to hire the services of a prostitute. Feeling desperate for DIFFICULT QUESTIONS
companionship and intimate sexual relations, X did the
unthinkable. One cold, lonely and horrible night he locked 80. Which is NOT a common requisite of justifying
himself up in his room together with “fulgoso” his female dog circumstances of self defense, defense or relatives and
and forcefully had sex with the latter. What crime did X defense of strangers?
commit? a. unlawful aggression
a. rape c. damage to property b. reasonable necessity of the means employed to prevent or
b. acts of lasciviousness d. crimes against the order of repel it;
nature e. none of the above c. the person defending be not induced by renege,
73. Assume this time that X had the opportunity and the luck hatred or other evil motive
to somehow slip into the boarding house where Y was d. both a and b
sleeping. Nobody was around except him (X) and Y as 81. USS Destroyer of the U.S. Navy was anchored along the
Christmas vacation had just begun. X commenced the stretch of Subic Bay when Cdt. 1st Class Steve Austin stabbed
commission of the crime of rape by forcefully undressing Y, to death his fellow American soldier by the name of Lance
touching her and her private parts and undressing himself as Corporal Shawn Michaels. The stabbing incident happened
well. In his stark and naked glory, X grabbed his erected inside the USS Destroyer. Which Court shall have jurisdiction
offending organ pointed it at Y’s private part and was about over the crime?
to insert it to Y’s vagina when in what could be the most a. Philippine Court c. U.S. Courts
bizarre twist of fate, X suddenly suffered from a premature b. Regional Trial Court of Olongapo d. Philippine
ejaculation against his will causing his private part to go soft Supreme Court
and limp and remained in that state despite efforts of X to 82. One of these statements is NOT true. Which one is it?
revive its former glory. No penetration took place as a result a. in provocation, the cause that brought about the
as it very difficult to penetrate another with a flaccid organ. X provocation need not be a grave offense.
was apprehended thereafter. What crime did X commit? b. in vindication, the grave offense must be made
a. impossible crime c. attempted rape directly only to the person committing the felony and
b. frustrated rape d. consummated rape no other else
74. A wanted to kill B. He thought of mixing poison in the c. in provocation, it is necessary that the provocation or
drink of the latter. He went to the supermarket and bought a threat immediately preceded the act, in other words there
pack of rat killer with the intention to mix its contents to the must be no interval of time between the provocation and the
drink/food of B. On his way home, with the rat killer on his commission of the crime
hand he was apprehended by the NBI authorities. What crime d. in vindication, the vindication of the grave offense must be
did A commit? proximate which admits of an interval of time between the
a. no crime c. parricide grave offense done by the offended party and the commission
b. attempted murder d. attempted of the crime as a retaliatory measure of the accused
homicide.
75. An adult man killing a child (not related to him) is (Note: The next three (3) questions are related to each
always: other.)
a. infanticide c. murder
b. cowardice d. parricide 83. Ah Chong was afraid of bad elements. One night he
76. Which of the following words does not belong to the locked himself in his room by placing a chair opposite the
group? door. Suddenly he was awakened by someone trying to open
a. intent the door. He asked angrily “Who is there?!” but received no
b. lack of foresight reply except another barrages of violent knockings. Fearing
c. lack of skill for his life he got out of bed and uttered “I will kill you if you
d. imprudence or negligence enter the room”. At that precise moment, he was struck by
77. X was caught in the act of pouring gas in the house of the chair that was placed against the door, and believing that
another. He was about to strike the match in preparation to his life was in grave danger he got a kitchen knife and struck
set the house on fire when he was stooped by alerted and killed the unwanted intruder. It turned out that the
citizens. What crime was committed? supposed intruder was his very own lawfully wedded wife and
a. consummated arson that she was just playing a practical joke.

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Lets us assume that Ah Chong is criminally liable. For what b. should be held liable for omission
crime would Ah Chong be held liable with? c. an accomplice
a. homicide c. attempted d. not criminally liable
parricide 90. A with intent to kill, fired his gun at B. He inflicted a
b. frustrated murder d. parricide mortal wound. A sudden twist of his conscience made A
84. In relation to the above facts, in reality, Ah Chong is not repentant when he saw B wounded and dying. So A himself
supposed to be held criminally liable by the law because Ah brought B to the hospital. B survived as a result of medical
Chong acted under: intervention. What crime did A commit?
a. mistake of fact c. self defense a. frustrated felony c. frustrated murder
b. uncontrollable fear d. death under e. no crime
exceptional b. consummated felony d. physical injury
circumstances 91. X committed suicide by jumping down from the 3rd floor
85. In relation again to the above facts, which of the of a building. However an unfortunate balut vendor who was
following would be least material in the prosecution of the plying his trade became X’ shock absorber when X
case assuming that Ah Chong is prosecuted before the court? accidentally drop on top of him. X lived while the balut vendor
a. The warning “I will kill you if you enter the room” died. What crime was committed by X?
b. The Chair a. no crime
c. The Knife b. reckless imprudence resulting to homicide
d. The Bed c. homicide
86. X, a Filipino is married to Y a Filipina in the Philippines. d. physical injuries
After a few months of marriage, X discovered that Y farts with 92. A band of robbers tried to rob a bank. X a policeman
a sound louder than that produced by both the Hiroshima and responded in the crime scene. An exchange of gunfire
Nagasaki atomic bombs combined. This turned X off and ensued. After the shootout all the bank robbers are lying
wished for a separation. Unable to secure an annulment of his dead, including the bank manager. Upon investigation, it was
marriage, X went to the United States and married Z, a found out that the bullet which killed the bank manager came
woman who farts with much more finesse and with less from the gun used by X. In other words X was the one who
produced sound as measured on the decibel scale. What hit the bank manager in the course of the shootout. X is:
crime was committed by X? a. liable for the death of the manager and robbers
a. adultery c. infidelity b. liable for the death of the manager only
b. bigamy d. no crime was committed. c. not liable at all
87. In the above question, no crime was committed by X d. guilty of reckless imprudence
because: 93. X saw his enemy Y lying on his bed. X saw an
a. Philippine society has grown tolerant to men who marry for opportunity to kill Y so he lunged on the latter a series of hard
a second or third time. stabbings. Unknown to X, Y already died of heart attack an
b. It will serve a lesson to women who after luring men into hour ago. We all know that X committed an impossible crime
marrying them and represent that they were pure and decent of murder. There is no doubt about doubt that. However let
and god-like would suddenly, after getting what they want us assume that X already knew that Y was already dead when
from their men show their true colors by farting at their men he stabbed the already lifeless body of Y. In this case what
straight on the latter’s faces. crime was committed by X?
c. Philippine legislators are mostly men and had deliberately a. still impossible crime c. unjust vexation
omitted to enact laws making laws that will punish X’s act. b. damage to property d. no crime
d. If ever the crime committed by X was bigamy but 94. X was convicted of Homicide today. Judgment became
the act of marrying the second time during the final in due course. Assume that about two months from
subsistence of the prior marriage was committed today X this time is convicted of murder. How do you classify
abroad and the crime of bigamy has no extraterritorial X?
effects hence the territorial characteristics of criminal a. recidivist c. hardened criminal
law finds application. In other words the crime was b. habitual delinquent d. quasi recidivist
committed outside the Philippines therefor no crime 95. X with intent to kill aimed his gun against Y. X did not
was committed by X. know that the gun was empty as it had no bullet in its
88. X committed a crime during the time that his mind is cylinder. As a result when he pressed the trigger it did not
lucid (sane). At the time of his trial he became insane. What fire. What crime was committed by X?
will be the implication of his insanity to his trial or criminal a. impossible crime c. katangahan
liability? b. attempted felony d. attempted
a. he is exempted from criminal liability because of article 12 homicide or murder.
paragraph 1. 96. In the immediately preceding number, let us assume that
b. trial will proceed but if the judge finds him guilty then the X had actually made sure that the gun had live bullets. Now
sentence is suspended with intent to kill he aimed his gun against Y. But the gun did
c. trial will be suspended until he regains his mental not fire. This time the reason for the non firing of the gun
sanity. was that the gun suffered a malfunction as the bullet jammed
d. the case will be dismissed altogether. What crime was committed by X?
e. no effect at all a. impossible crime c. illegal discharge of
89. A, B, C and D conspired to rape E. F, a neighbor of A, B, firearm
C and D knew all along the plan of A B C and D because he b. attempted felony d. frustrated felony
used to eavesdrop on A B C and D’s conversation but did not
report the conspiracy to the authorities. . Lets us say that A B Note: The next six (6) questions are related to each other
C and D had actually consummated the rape of E. In this case
F is: 97. Dr. X had long wanted to kill Y his lawfully wedded wife.
a. a co-conspirator So one night he mixed whitish substances (arsenic) on the

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soup of the latter. When the wife had already finished her a. trespass to dwelling c.
meal including the soup with poison, Dr. X had a sudden abuse of authority
change of heart and decided to save the life of the wife by b. violation of domicile
employing his knowledge in toxicology. He immediately d. police
administered an antidote. The antidote administered by Dr. X brutality
prevented the death of the wife who however unfortunately
became vegetable like (nabaldado) thereafter. What crime 5. This crime is committed by rising publicly and taking arms
was committed by Dr. X? against the Government for the purpose of removing from the
a. attempted parricide d. consummated physical allegiance to said government the territory of the RP or any
injuries part thereof, or deprive the Chief executive or Congress any of
b. frustrated parricide e. consummated their powers or prerogatives.
serious physical injuries a. coup d’ etat c.
c. attempted murder f. no crime was committed murder
by Dr. X. b. sedition d.
98. Which of the following elements of a frustrated crime was rebellion
not present in this case. 6. What felony is committed by person or persons who belong
a. the offender performed all the acts of execution; to the military or police organizations or those who hold public
b. all the acts performed would produce the felony as a office or employment who shall make a swift attack directed
consequence; against duly constituted authorities, or any military camp or
c. the felony is not produced by reason of causes installation, communications network or public facilities for the
independent of the will of the perpetrator. purpose of seizing state power.
99. Which of the following statement is not true? a. rebellion c. insurrection
a. In justifying circumstance, there is no civil liability b. coup d’etat d. people power
except in state of necessity also known as avoidance of 7. What crime is committed by a public officer or employee
greater evil. who shall arrest or search any member of Congress while
b. In exempting circumstance there is a crime but there Congress is in regular or special session, except when such
is no criminal member has committed a crime punishable under the RPC by
c. A person who acts by virtue of a justifying a penalty higher than prision mayor.
circumstance does not transgress the law because there is a. unlawful arrest c. arbitrary detention
nothing in the act as well as in the intention of the person b. illegal detention d. violation of
which is unlawful. parliamentary
d. None of these (as all of them are true) immunity
100. Which of the following circumstances will most likely
affect or aggravate Dr. X’s criminal liability?
a. dwelling c. nightime 8. The felony of _______ by any founder, director, and
b. relationship d. evident presidents of associations organized for the purpose of
premeditation committing any of the crimes punishable under the RPC or for
some purpose contrary to public morals.
a. illegal assemblies c. terrorism
b. illegal associations d. none of the
above
CRIMINAL LAW BOOK2 9. This is committed by any person who shall attack, employ
force, or seriously intimidate or resist any person in authority
1. This felony is committed by any Filipino citizen or an alien or his agents while engaged in the performance of his duties
residing in the Philippines who levies war against the or on the occasion of such performance.
Philippines or adheres to her enemies giving them aid or a. direct assault c. attempted murder
comfort in the Philippines or elsewhere. b. indirect assault d. disrespect of rank
a. Treason c. Flight to enemy 10. Any person directly vested with jurisdiction, whether as an
country individual or as a member of some court or governmental
b. Rebellion d. Sedition corporation, board or commission, shall be deemed to be
2. What crime is committed by one who on the high seas or _______.
in Philippine waters shall attack or seize a vessel or, not being a. agent of person in authority
a member of its complement or passengers, shall seize the c. public employee
whole or part of the cargo of said vessel, its equipments or b. public officer d.
personal belongings. person in
a. robbery c. piracy on authority
the high seas or Philippine water
b. terrorism 11. A person who by direct provision of law or by election or
3. This felony is committed by any public officer or employee, by appointment by competent authority, is charged with the
who without legal ground such as violent insanity or the maintenance of public order and the protection and security of
commission of a crime, shall detain another. life and property such as policemen and any person who comes
a. arbitrary detention c. to the aid of persons in authority shall be deemed to be
illegal arrest ________.
b. kidnapping d. a. person in authority
grave coercion b. public officer
4. This felony is committed by a public officer or employee c. agent of a person in authority
who, not being authorized by judicial order, shall enter the d. none of them
dwelling of another against the will of its owner. 12. This is committed by any person who shall remove from
any penal establishment any person confined therein or shall
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help the escape of such person by means of violence d. Exhibitionism/Lady Godiva Syndrome
intimidation or bribery. 20. He is any person who having no apparent means of
a. infidelity in the custody of prisoners c. subsistence, who has the physical ability to work and neglects
conniving to evasion to apply himself to some lawful calling.
b. delivering prisoners from jail d. a. vagrant
evasion of service of sentence c. orphan
13. This felony is committed by any convict who shall evade b. prostitute
the service of his sentence by escaping during the term of his d. jobless
imprisonment by reason of final judgment. 21. __________ is any women who, for money or profit,
a. infidelity in the custody of prisoners habitually indulge in sexual intercourse or lascivious conduct.
c. consenting to evasion a. hostess c. prostitute
b. delivering prisoners from jail
d. evasion of service of sentence b. ushrette d. waitress
14. When a convict evades the service of his sentence by
reason of or on the occasion of disorders, earthquakes or other 22. He is any person who, by direct provision of law, popular
calamities he should return to the penal institution within forty election or appointment by competent authority, shall take part
eight (48) hours following the issuance of a proclamation by in the performance of public functions in the government, or
the Chief Executive announcing the passing away of such shall perform in said government duties as an employee, agent
calamity. If he does not do this he shall suffer an additional or subordinate official, of any rank or class.
penalty of how much? a. public officer
a. one year b. public employee
b. 1/5 c. person in authority
c. 1/5 of the time remaining under the original d. agent in authority
sentence
d. 3 day 23. This one is committed by public officers or employees
15. A form of repetition wherein a person shall commit a who, in dereliction of the duties of his office, shall maliciously
felony after having been convicted by final judgment, before refrain from instituting prosecution for the punishment of
beginning to serve such sentence or while serving the same. If violators of law, or shall tolerate the commission of offenses.
this happens the person will be punished the maximum a. direct bribery
period of the penalty prescribed by the law for the new felony. b. indirect bribery
a. recidivism c. c. prevaricacion or negligence or tolerance in
habitual delinquency prosecution of offenses
b. quasi recidivism d. d. qualified bribery
reiteration 24. What crime is committed by any public officer or
16. This is committed either by: a. By giving to a treasury or employee who shall agree to perform an act constituting a
bank note or any instrument payable to bearer or to order, the crime, in connection with the performance of his official
appearance of a true and genuine document; or b. By erasing, duties, in consideration of any offer, promise, gift or present
substituting, counterfeiting, or altering by any means the received by such officer, personally or through the mediation
figures, letters, words or signs contained therein. of another.
a. falsification c. estafa a. direct bribery c. prevaricacion or
b. alteration d. forgery negligence or tolerance in prosecution
17. What felony is committed by any person who shall b. indirect bribery d. qualified bribery
knowingly and falsely represent himself to be an officer, agent 25. What crime is committed by a public officer entrusted with
or representative of any department or agency of the Philippine the collection of taxes and other imposts who shall commit any
or any foreign government, or who under pretense of official of the following:
position shall perform any act pertaining to any person in a. directly or indirectly demanding the payment of sums
authority or public officer of the Philippine or foreign different from or larger than authorized by law
government, or any agency thereof, without being lawfully b. voluntarily failing to issue a receipt, as provided by
entitled to do so. law for sums of money collected
a. estafa c. collecting or receiving by way of payment things or
objects different from that provided by law.
b. falsification
c. usurpation of authority or official a. bribery c. estafa
functions b. qualified bribery d. frauds against the
d. illegal use of uniform public treasury
18. This is committed by any person who shall publicly and
improperly make use of insignia, uniform or dress pertaining to 26. This is committed by an accountable public officer who,
an office not held by such person or to a class of person of shall appropriate, or shall misappropriate or shall consent, or
which he is not a member. through abandonment or negligence shall permit another
a. illegal use of uniform or insignia person to take public funds or property.
b. usurpation of authority a. direct bribery
c. usurpation of official functions b. technical malversation
d. using fictitious name c. malversation of public funds
19. This felony is committed by any person who shall offend
against decency or good customs by any highly scandalous 27. This is committed by a public officer who shall consent to
conduct not expressly falling within any other article of the RPC. the escape of a prisoner in his custody.
a. Indecency a. evasion of service of sentence
b. Public display of affection b. evasion through negligence
c. Grave scandal c. conniving with or consenting to evasion
18 | P a g e AMICI REVIEW CENTER
 d. other cases of evasion 36. The felonies of arbitrary detention, violation of domicile,
28. This is committed by any public officer or employee who expulsion and others are contained in TITLE TWO (2) Book
shall overdo himself in the correction or handling of a prisoner TWO (2) of the Revised Penal Code. They are all under the title
or detention prisoner under his charge by the imposition of “Crimes against the fundamental law of the state.” Why are
punishment not authorize by the regulations or inflicting they so called?
punishment in a cruel or humiliating manner. a. because they violate certain provisions of the
a. police brutality bill of right in the constitution
b. sadism b. because that is what the authors of the RPC wanted
c. maltreatment of prisoners their title to be
d. physical injuries c. because they are the most heinous crimes in the
29. This is committed by any public officer who shall solicit or RPC
make immoral advances to a woman under his custody or to d. because I do not know the answer
other women like the wife, daughter, sister or relative within 37. There are three (3) ways of committing violation of
the same degree by affinity of any person in the custody of a domicile which among the following is NOT a way of
warden or officer. committing it?
a. sexual harassment a. entering the dwelling of another against the will of the
b. abuses against chastity owner
c. acts of lasciviousness b. entering the dwelling of another to avoid
30. This felony is committed by any person who shall greater evil
intentionally mutilate another by depriving him, of some c. searching papers and effect in the dwelling without
essential organ for reproduction. the consent of the owner
a. castration c. mutilation d. refusing to leave the dwelling after being required to
b. cutting of happiness d. heinous crime do so, the offender having surreptitiously entered the same

INTERMEDIATE 38. All of the following are the preferred witnesses in cases of
a lawful search of another’s premises. Which among the
31. Who is the present Chief Justice of the Philippine Supreme following is not qualified to act as a witness or perhaps the
Court? least preferred among them?
a. Reynato Puno c. Hilario Davide a. members of media
b. Arturo Panganiban d. Emma Bunton-Gapit b. owner of the property being searched
c. in the absence of owner any family member
32. What law is titled “An Act to Secure the State and Protect d. two witnesses residing in the same locality
Our People from Terrorism”? It is also known as the Anti- 39. May the crime of coup d’ etat be possibly committed
Terrorism Law or Human Security Act of 2007. by a single person?
a. RA 9372 a. No
b. RA 9346 c. impossible
c. RA 9262 b. Yes
d. RA 9439 d. Yes but it is an impossible crime
33. Cain and Abel are brothers. One day while Abel was in the 40. Which among the following is NOT a way of committing
fields, Cain stabbed his brother Abel from behind. Abel died. alarms and scandals?
What crime was committed by Cain? a. any person who within any town or public place shall
a. murder c. infanticide discharge any firearm, rocket, firecracker or explosives
b. homicide d. parricide calculated to cause alarm or danger
34. Any of the following circumstances will qualify the felony b. any person who shall instigate or take an active part
of piracy EXCEPT: in any charivari or disorderly meeting offensive to another or
a. Whenever the pirates have seized a vessel by prejudicial to public tranquility
boarding or firing upon the same c. any person while wandering about at night or while
b. Whenever the pirates have abandoned their victims engaged in nocturnal amusement shall disturb the public
without means of saving themselves; or peace.
c. Whenever the crime is accompanied by murder, d. any person who habitually associate himself
homicide, physical injuries or rape with prostitutes and profit by it.
d. Whenever the pirates commit onanism in front 41. What crime is committed by anyone who shall bury with
of the lady passengers. pomp the body of a person who has been legally executed?
35. Whenever an officer has lawfully arrested a person a. alarms and scandals c.tumults and
without a warrant, he must make sure that he delivers that other disturbances of public order
person arrested within certain prescribed periods to the proper b. contempt of court d. charivari
authorities, otherwise he might be held liable for delay in the 42. What is that defense in a criminal case for rape wherein
delivery of detained persons to proper judicial the accused says that he and the supposed rape victim are
authorities. Which of the following periods prescribed is NOT sweethearts and therefore sexual intercourse was consensual
CORRECT: between the two of them?
a. 12 hours for crimes or offenses punishable by light a. sweetheart defense or theory c. admission
penalties b. alibi d. justifying
b. 18 hours for crimes or offenses punishable by circumstance
correctional penalties 43. X is a detention prisoner. One night while his jail guard
c. 24 hours for crimes or offenses punishable by was not looking, he was able to surreptitiously slip away from
accessory penalties the provincial jail and managed to escape. What crime did he
d. 36 hours for crimes or offenses punishable by commit?
afflictive or capital penalties a. delivering prisoners from jail c.
violation of pardon
19 | P a g e AMICI REVIEW CENTER
 b. evasion of service of sentence a. alibi c.
d. no crime physical impossibility
44. In the above case what crime was committed by the jail b. absence d.
officer concerned? justifying circumstance
a. delivering prisoners from jail c. conniving 52. X was staging a bank robbery alone. The responding police
with or consenting to evasion arrived and surrounded the bank where X and the male bank
b. evasion of service of sentence d. evasion manager were physically trapped at the time. X used the bank
through negligence manager as a hostage. After e few minutes of negotiations X
45. X told Y that he will use the latter as a false witness in a finally was convinced to surrender. With respect to the hostage
crime in which X was a party. Y agreed and the two together incident (never mind the attempted bank robbery) what
with X’s lawyer invented a story wherein it was made to appear possible crime could be charged against X?
that Y was a witness to a certain transaction. If X would a. kidnapping and serious illegal detention
introduce the testimony of Y in court, Y would be liable for the b. slight illegal detention
crime of “Offering false testimony in evidence”. This c. grave coercion
crime is also known as: d. arbitrary detention
a. deceit c. 53. It is defined as any human conduct which, although not
subordination of perjury productive of some material or physical harm would however,
b. false testimony favorable to the defendant d. unjustly annoy or vex an innocent person.
estafa a. unjust vexation c. provocation
46. X a woman, was caught in flagrante delicto in the act of b. light coercion d. unlawful
having sexual intercourse with Y a man. Investigation revealed aggression
that X had sex with Y in consideration of fifty (P50) pesos only. 54. A, B, C and D is a group of male teenager (but not below
Assume that it was proven that X committed the act of having fifteen) who are trying hard to attract attention ( KSP). Every
sex for a fee for the first and that precise time only, may X be night they always engaged themselves in unruly beer sessions
legally considered a prostitute? together with all the unpleasant sounds that it creates with the
a. yes use of improvised, cheap and dilapidated musical instruments
b. no such as cauldrons, tin cans etc.. Let us assume that aside from
c. it depends making “papansin” they are also doing it to annoy their sleeping
neighbors. The crime of alarms and scandals may be
47. What crime is committed by anyone (adult) who shall kill charged against them because they involved themselves in
a child three years old? charivari punishable under paragraph 2 of article 155. What is
a. murder charivari?
c. abortion a. it is a medley of discordant voices, a mock
b. homicide serenade of discordant voices made on kettles, tin
d. infanticide horns etc. designed to insult or annoy
48. What time of physical injury is committed by one who shall b. it is a loud noise causing disturbance
wound, beat, assault another causing the offended party to be c. it is simply the act of any person who although not
incapacitated for labor for ten (10) days or more (but should productive of material harm would annoy another person
not exceed 30 days)? d. it is the act of people who are in need of attention
a. serious physical injuries c. less serious from others especially from the girls.
physical injuries 55. According to RA 4136 the Land Transportation and
b. slight physical injuries d. maltreatment Traffic Code, when two (2) motor vehicles approach an
49. When any person (man or woman) by means of force, intersection at approximately the same time, the motor vehicle
threat or intimidation, and others means specified in article on the left should yield to the motor vehicle on the right
266-A, inserts his penis into another person’s mouth or anal because the latter motor vehicle has:
orifice, or any instrument or object, into the genital or anal a. right of way
orifice of another person the technical term for the crime is: c. more speed
a. simple rape d. rape b. more money d.
b. qualified rape e. statutory rape emergency rule
c. rape by sexual intercourse f. rape by sexual 56. Crimes Against Religious Worship is a section to be found
assault in Title Two of the Revised Penal Code which is Crimes against
50. X is the boyfriend of Y. One night against Y’s will, X the Fundamental Laws of the State. Which of the following
forcefully had sex with Y. X now is facing charges for rape. crimes fall under crimes against religious worship?
Assuming that Y agrees to the proposal of marriage by X, what a. interruption of religious worship c. prohibition
will happen to X’s criminal liability if marriage takes place? of peaceful meetings
a. criminal liability is partially extinguished b. offending the religious feelings d. illegal
b. criminal liability is totally extinguished associations
c. it has no effect because rape now is a private crime
where the state can prosecute the case alone CORRECT ANSWER A and B
d. actually the marriage has no bearing because the two
are sweethearts and therefore it is the perfect right of X to rape 57. Who among the following is NOT an agent of a person in
Y. authority?
51. X is accused of robbery of a certain house in Muntinlupa a. Policemen e. BIR agents
City. Upon being arrested X interposed the defense that he was b. Municipal treasurer f. Malacanang agent
in Cavite City at the supposed time that the robbery was c. Postmaster g. all of them are
committed. X is interposing the defense of _______ which is a agents of person in authority
plea that the accused was at another place when the crime was d. Sheriff
committed. Incidentally this defense is known as the weakest 58. Who among the following is a person in authority?
defense in a criminal case.
20 | P a g e AMICI REVIEW CENTER
a. Policeman d. Barangay of Y from the drawer and burned them to ashes. What crime
Captain was committed by X?
b. Chief of police e. Baranggay a. theft c. malicious
Tanod mischief
c. Teacher f. Letters b, c and d b. robbery d. arson
59. Which among the following is a qualifying circumstance of 67. X threatened Y that he would kill the latter if Y would not
murder? give Five hundred pesos (P500). What crime was committed by
a. treachery c. X?
relationship a. grave coercion c.
b. habitual delinquency d. intoxication attempted murder
b. grave threats
DIFFICULT d. attempted homicide
68. Which among the following is considered as slight physical
60. X was able to pocket one pack of detergent soap while injuries only?
inside SM Supermarket. He was about to leave the premises of a. maltreatment c. loss of one’s
SM when he was accosted by an undercover SM agent and was reproductive organ
immediately brought to the police precinct. What crime was b. loss of one’s tooth/eye d. burning the skin of
committed by X? another
a. consummated theft 69. Vegeta slapped the face of Sangoku in front of a lot of
c. attempted theft people. What crime did Vegeta commit?
b. frustrated theft a. unjust vexation c. libel
d. qualified theft b. slander by deed d.
61. X uttered the following remarks to a certain family of rape e. slight physical injury
lawyers, “Kayong mga Atty. Merrera mga magnanakaw, mga 70. While walking along Capsule Corporation, Inc.,
walanhiya mga bastos.” What crime was committed by X? Vegeta saw a beautiful lady by the name of Bulma. Vegeta
a. one count of libel suddenly kissed Bulma and gently touched Bulma’s breasts.
b. as many counts of libel as there are Merrera lawyers Nobody saw the incident as Vegeta and Bulma are the only
c. one count of grave oral defamation (slander) people around. Without a word, Vegeta left leaving Bulma
d. as many counts of grave oral defamation (slander) as stultified and shocked. What crime was committed by Vegeta?
there are Merrera lawyers. a. unjust vexation
62. X is a teller of Banco Filipino Español. He received a c. acts of lasciviousness
deposit of P5000 from a depositor, which he pocketed instead b. slander by deed
of crediting it to the account of the depositor. The transaction d. attempted rape
was evidenced by an official receipt. What crime was 71. X was driving his car when he bumped run over a
committed by X? pedestrian crossing the street. The pedestrian died. What crime
a. theft was committed by X?
b. estafa a. reckless imprudence c. reckless
c. qualified theft imprudence resulting in homicide
d. malversation of public property b.homicide d. homicide thru
63. X a jail guard while escorting a prisoner en route to the reckless imprudence
Regional Trial Court allowed the latter to answer the call of 72. Insp. Mills arrested X on suspicion of a crime. He
nature without taking precaution to prevent his escape as interrogated X in the police precinct and when he failed to illicit
indeed the prisoner escaped through the windows of the any information from X, he caused the torture of the hapless
comfort room. What is the liability of the jail guard? X. What crime was committed by Insp. Mills?
a. no liability as it is not required that X would even go to a. physical injuries
the extent of escorting the prisoner inside the comfort c. grave coercion
room, otherwise the job of a jail guard would be very b. illegal detention
unbearable d arbitrary detention
b. no liability because he was not in conspiracy with the 73. A is the son of B. B incurred debt to Don Pedro. Since B
prisoner did not have the money to pay Don Pedro, Don Pedro
c. evasion of service of sentence required A to work for him for the purpose of paying off the
d. evasion through negligence. indebtedness of B. This scheme is against the will of A but he
64. X (a man) forcibly grabbed Y (a woman) by the waist and cannot do anything as he is being forced by Don Pedro. What
dragged her to a place hidden from the public view about 20 crime was committed by Don Pedro?
meters from the place where the latter was standing. Due to a. inducing a minor to abandon home c.
Y’s constant screaming X became afraid and immediately run exploitation of child labor
away leaving Y alone. What crime was committed by X? b. child abuse d. exploitation
a. illegal detention c. attempted rape of minor
b. acts of lasciviousness d. grave coercion 74. What crime is committed by a notary public who would
65. What crime is committed by a man who would forcibly issue a copy of a deed of sale purporting that A sold his house
enter another person’s house without the knowledge of the and lot to B where in fact no such transaction ever existed?
owner but once inside, immediately and peacefully left the a. estafa c.
house the moment he was discovered by the owner of the forgery
house? b. falsification
a. attempted robbery c. trespass to dwelling d. falsification by a private individual
b. frustrated robbery d. qualified trespass to 75. X wanted to become a writer of “graphic and explicit sex
dwelling related stories” in a local newspaper. Let us assume that his
66. X became enraged with Y. X was so mad he wanted to sex stories do not have any artistic, cultural, educational or
get even with Y. At the spur of the moment Y took the clothes scientific values whatsoever. One night he went to bed, and
21 | P a g e AMICI REVIEW CENTER
placed his “articles/writings” inside his drawer. These to pass by saw the two while they were involved in exchanging
unpublished articles were stolen by his roommate and was sent unpleasantries. The Barangay Captain tried to pacified A and
to “Bombahan”, a cheap daily tabloid known for its depiction B but A resented this intervention and punched the Brgy.
of sexually explicit materials. When he woke up one morning Captain causing the latter to break his jaw requiring more than
he was surprised that the NBI is looking for him as he is being thirty (30) days hospitalization and incapacity. What crime was
charged for violation of article 201 of the RPC that is “Immoral committed by A?
doctrines, obscene publications and exhibitions and indecent a. Serious Physical injuries
shows.” X would be: b. Assault upon a person in authority
a. convicted for violating artcle 201 c. Serious physical injuries with assault upon a
b. convicted for violating article 200 of the RPC instead person in authority
which is Grave Scandal d. Assault upon a person in authority resulting to
c. not liable because the articles were not serious physical injuries
published with his consent 83. X was arrested by Insp. Mills because the former parked
d. liable as mere creation of obscene material is his motor vehicle in a no parking area. What felony was
punishable but his liability is mitigated because the articles committed by Insp. Mills?
were stolen. a. illegal arrest c. delay in the delivery
76. There is a treasury warrant that is payable to X. Y of detained person
unlawfully took possession of that warrant, wrote the name of b. arbitrary detention d. unlawful arrest
X, endorsed it by signing X’s name and thereafter he was able
to encash it. What crime was committed by Y? Note: The next three (3) questions are related to one
a. forgery c. theft another
b. falsification d. estafa
Correct Ans. Theft thru Falsification 84. X and Y are next door neighbors. X became irritated by
the constant barking of Y’s dog so one night he shot the dog
77. X is less than three (3) days old. X was killed by his own causing the dog to die. What crime was committed by X?
father because the father is afraid that his real wife would a. homicide c. malicious mischief
discover that he (the father) had sired X with Y their “kumare”. b. murder d. physical injuries
What crime was committed by the father? 85. Supposing after killing the dog, X realized that he missed
a. no crime dinner that night and that he was so hungry so he took the
c. parricide dog’s carcass and cooked it and thereafter ate it. What crime
b. infanticide d. was committed by X?
murder a. theft
c. complex crime
Note: The next three (3) questions are related to each b. malicious mischief d.
other. cruelty to animals
86. Supposing X realized after killing the dog that he could be
78. X (man) married Y (woman) in the Philippines. Later X held criminally liable for his act. So he decided to do away with
went to the USA and married Z. When Y learned of this, he the evidence of the crime. He hid the gun which he used to kill
filed a case against X. What crime was committed by X? the dog inside the drawer of Z another next door neighbor so
a. adultery as to make it appear that the gun belonged to Z. What crime
c. bigamy was committed by X with respect to this latest act?
b. concubinage d. a. intriguing against honor c.
immorality incriminating innocent person
79. In the above case supposing that, X and Z took a vacation b. libel d.
in the Philippines. They rented a condominium unit and were slander by deed
always seen caressing each other in public places. Are they
liable for any crime? Note: the next three (3) questions are related to each
a. yes for bigamy c. yes for concubinage other
b. yes for adultery d. no because they are not
caught having sex 87. X a taxi driver, saw a bag left by one of his passengers
80. Let us suppose that while in the Philippines a serious which when he opened contained valuables amounting to
misunderstanding took place between X and Z. X therefore thousand of pesos. Assume that he deliberately fail to restore
killed Z. What crime was committed by X? the bag and its contents to the passenger would X be held
a. murder or homicide liable and for what crime?
c. infanticide a. yes, for theft c. no crime he
b. parricide did not take the money by force
d. rape b. yes, for qualified theft d. no crime he
81. What acts are made punishable by law committed by did not have criminal intent
1. imputing to an innocent person the commission of a crime 88. Assume that X is an honest taxi driver so he is now asking
or 2. imputing to him things calculated to blemish the honor you as a criminology/criminal justice graduate as to whom shall
or reputation of a person by means of intrigue. he return the bag considering that he did not know who its
a. libel c. owner was?
incriminatory machinations a. I advise him to return the bag to media
b. slander d. b. I advise him to return the bag to the nearest police
incriminating innocent station
persons c. I advise him to give the bag to me and I will give
the bag back to the owner
82. A and B were having a heated altercation over some trivial d. I advise him to give the bag to the mayor of
traffic misunderstanding. The Barangay Captain who happened the city or municipality
22 | P a g e AMICI REVIEW CENTER
89. Assume that X returned the bag to a local radio station for a. homicide c.
its safekeeping and eventual return to the owner instead of physical injuries
handing it over to the proper authorities. Question is X guilty b. infanticide d. no crime
of any crime?
a. yes because the law specifically enumerate the proper Note: The next three (3) questions are related to each
person to return lost property and he failed to do this. other
b. Yes if the local radio station failed to return the bag X
is guilty as an accomplice in the crime 98. H and W are husband and wife respectively they having
c. Yes because by returning the lost property to the been married before a judge about 1 year ago. H works as a
media, X’s real purpose is only to gain media exposure and not security guard in midnight shift whereas W stays home nursing
really of his desire to return the bag. their children. One eventful night H suspicious of W having an
d. No, because there is absence of criminal intent affair with their “kumpare”, decided to go home early, true to
which is an element of felonies in general. his hunch, he saw W on top of kumpare, the two being
completely naked and in the act of sexual intercourse
Note: The next three (3) questions are related (copulation). In a fit of anger H killed both W and kumpare.
What crime was committed by H if any?
90. X wanted to kill Y. One night he saw Y deep in his sleep in a. parricide with respect to W, murder with respect to
his room. X went out of the house bought gasoline pour it on kumpare
Y’s house and set it on fire. As a result of the fire Y died. What b. murder
crime was committed by X? c. death inflicted under exceptional
a. arson c. murder circumstances
b. arson with homicide d. qualified arson d. no crime as H is exempted
91. Assume that X did not know that Y was inside the house. 99. In the above case assume that H merely witnessed W and
He poured gas to Y’s house and set it on fire. His only intention kumpare in the act of kissing and caressing each other only.
was to burn the house. But again, as earlier stated Y was inside Thereafter he lost his senses and proceeded to hacked to death
the burning house (which is unknown to X) which caused his W and kumpare. What crime was committed by H if any?
death. What crime was committed by X? a. parricide with respect to W, and homicide
a. arson c. with respect to kumpare
arson with homicide (qualified arson) b. murder
b. murder c. death inflicted under exceptional circumstances
d. technical arson d. no crime as H is exempted
92. Assume that X entered Y’s room and while the latter was 100. Assume that H surprised W and Kumpare having carnal
sleeping, stabbed him to death. X in order to hide any traces knowledge (sexual intercourse), immediately thereafter he
of the crime decided to burn the house. What crime was inflicted say, serious or less serious physical injuries upon W or
committed by X? kumpare or both of them, what crime was committed by X if
a. complex crime of murder with arson c. any?
heinous crime a. physical injuries c. death inflicted
b. plain murder d. under exceptional circumstances
murder and arson b. attempted murder d. no crime as X is
93. What law is titled “Act Prohibiting the Detention of Patients exempted.
in Hospitals and Medical Clinics on Grounds of Non Payment of
Bills.”? It is also known as the Anti Hospital Detention Law. EVIDENCE
a. RA 9439
c. RA 9346 1. Evidence is admissible when it is relevant to the issue and is
b. RA 9262 not excluded by the law or these rules (rules of court) is a
d. RA 9344 statement that expresses:
94. What crime is committed by say more than ten (10) a. competent evidence c. material evidence
unarmed persons who gather together in a meeting for the b. physical evidence d. cumulative
purpose of committing theft? evidence
a. conspiracy c. illegal
assemblies e. attempted theft 2. As a general rule, no evidence shall be admissible other than
b. no crime d. illegal associations the original document itself, when the subject of inquiry is its
95. What crime is committed by ten persons about half of contents, expresses what rule?
them being armed, and their purpose in their meeting was to a. best evidence rule c. secondary
commit the crime of robbery? evidence rule
a. conspiracy c. illegal b. parol evidence rule d. english rule
associations 3. These are evidence which are addressed to the senses of
b. illegal assemblies d. no crime the court.
96. X stabbed Y (a woman). At the threshold of death, that is a. object evidence
while Y was about to die, X suddenly developed the idea of c. both and b
raping Y. What crime was committed by X? b. real evidence d.
a. rape c. rape documentary evidence
with murder 4. A rule which states that when the terms of an agreement
b. murder d. have been reduced to writing, it is considered as containing all
murder (rape as aggravating) the terms agreed upon and there can be, between the parties
97. X shot Y with a revolver (the wound was mortal). Y fell to and their successors in interest, no evidence of such terms
the ground but amazingly got up went to his house, and other than the contents of the written agreement.
knowing that he would die anyway cut his throat to expedite a. best evidence rule
his death. Y died. What crime was committed by X? c. parol evidence rule
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 b. secondary evidence rule a. object evidence
5. This is the declaration made by a person under the c. expert evidence
consciousness of an impending death. b. documentary evidence
a. dying declaration 14. What are the qualifications of a witness?
c. declaration about pedigree a. person who can perceive c. person
b. declaration against interest who can make perception to others
6. Statements made by a person while a startling occurrence b. person who believes in God d. both a
is taking place or immediately prior or subsequent thereto, with and c
respect to the circumstances thereof is known as 15. No person may be compelled to testify against his parents,
a. dying declaration or descendants or ascendants or children is the:
c. extrajudicial confession a. pedigree
b. parts of the res gestae c. filial privilege
7. Evidence is admissible when it is relevant to the issue and b. parental privilege
is not excluded by the law or the rules of court. The underlined d. parental and filial
statement has reference to: privilege
a. corroborative evidence c. direct
evidence 16. _______ is the declaration of an accused acknowledging
b. cumulative evidence d. his guilt of the offense charged, or of any offense necessarily
competency of included therein.
evidence a. admission
c. extrajudicial confession
8. Evidence must have such a relation to the fact in issue as b. confession
to induce belief in its existence or non existence. Evidence on d. acknowledgement
collateral matters shall not be allowed except: 17. It is the examination in chief of a witness by the party
a. when it tends in any reasonable degree to presenting him on the facts relevant to the issue:
establish the probability or improbability of the a. direct examination
fact in issue c. re-direct examination
b. when it directly imputes to the accused the b. cross examination
commission of the crime 18. Upon the termination of the direct examination, the
c. when it has tendency in reason to pinpoint the doer witness may be cross examined by the adverse party as to any
of the criminal act matter stated in the direct examination or connected therewith
d. when it changes the burden of proof to test his accuracy and truthfulness.
9. Which of the following does the court shall not or cannot a. direct examination
make a judicial notice? c. re direct examination
a. law of nations b. cross examination
b. existence and territorial extent of states d. none of the
c. political history of states above
d. forms of government and symbols of nationality
e. admiralty and maritime courts of the world 19. What do you call that question which suggests to the
f. latest hits on the pop charts witness the answer which the examining party desires to hear;
10. Judicial notice may be either mandatory or discretionary. therefore that question is not permitted?
Which of the following statements may the court grant a. misleading question
discretionary judicial notice? c. leading question
a. matters which are of public knowledge b. direct examination
b. matters which are capable of unquestionable 20. What is that question where one assumes as true a fact
demonstrations not yet testified to by the witness, or contrary to that which he
c. matters which are ought to be known to judges has previously stated? Also this kind of questioning is not
because of their judicial functions. allowed in courts.
d. all of the above a. misleading question c.
11. An admission made by a party in the course of a leading question
proceeding does not require proof. How may the admitter b. interrogative question
contradict such an admission? 21. An extrajudicial confession made by the accused shall not
a. showing that the admission was made by palpable be sufficient ground for conviction unless it is corroborated by
mistake evidence of:
b. showing that no such admission was made a. two witnesses c. prima
c. showing that he was compelled by the police to facie evidence
make such an admission b. probable cause
d. both a and b d. corpus delicti
12. It consists of writings or any material containing letters, 22. In cases filed before administrative or quasi judicial bodies,
words, numbers, figures, symbols or other modes of written a fact may be deemed established if it is supported by
expressions offered as proof of their contents. substantial evidence. What is substantial evidence?
a. object evidence a. that evidence which produces moral certainty
c. documentary evidence b. that evidence which produces conviction in an
b. prima facie evidence unprejudiced mind
d.realevidence c. that evidence which pinpoints a person as the
absolute doer of an act
13. These are evidence which are addressed to the senses of d. that amount of relevant evidence which a
the court. reasonable mind might accept as adequate to
justify a conclusion
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23. How would you describe the hearsay evidence rule? a. the identity of a person about whom he has
a. a witness can only testify to facts derived adequate knowledge;
from his own perception b. a handwriting with which he has sufficient
b. a witness cannot be allowed to testify on what he familiarity;
overheard c. the mental sanity of a person with whom he is
c. a witness must be an adult and must be truthful sufficiently acquainted
d. none of the above d. impressions of the emotions, behavior, condition or
24. What must evidence be in order that it may become appearance of a person
relevant to the issue at point? e. all of the above
a. it must have a direct bearing and actual 33. Which among the following is NOT an exception to the
connection to the facts in issue best evidence rule?
b. it must not be remote to the issue at point a. when the original has been lost or destroyed or
c. it must not be excluded by the law, the rules and cannot be produced in court, without bad faith on the
most especially the constitution part of the offeror;
d. both a and c b. when the original is in the custody or under the
25. What do you call that recognition by the court without the control of the party against whom the evidence is
introduction of evidence? It means that courts will admit offered, and the latter fails to produce it after
without proof of facts those matters of public concern which reasonable notice;
are known by all well-informed persons. c. when the original consists of numerous accounts or
a. judicial notice other documents which cannot be examined in court
c. extrajudicial confession without great loss of time;
b. judicial confession d. d. when the original is a public record in the custody
hearsay of a public officer or is recorded in a public office
26. How would you classify maps, x-rays, charts and the like e. when the original is already photocopied and
as evidence? the same is I the possession of the party
a. physical offering to prove it as evidence
c. demonstrative 34. Which among the following is NOT an instance of a
b. object disputable presumption?
d. real a. a person on board a vessel lost during a sea voyage
27. In cases filed before administrative or quasi judicial or an aircraft missing, who has not been heard of for
bodies, a fact may be deemed established if it is supported by four (4) years since the loss of the vessel or aircraft is
__________ or that amount of evidence which a reasonable presumed dead.
mind might accept as adequate to justify a conclusion. b. a member of the armed forces who has taken part
a. substantial evidence in armed hostilities, and has been missing for four (4)
c. preponderance of evidence years is presumed dead.
b. proof beyond reasonable doubt c. a person who has been in danger of death under
28. __________ is the duty of a party to present evidence on other circumstances whose existence has not been
the facts in issue necessary to establish his claim or defense by known for four (4) years is presumed dead
the amount of evidence required by law. d. a married person who has been absent for four (4)
a. burden of evidence consecutive years. If there is danger of death under
c. corpus delicti the above circumstances two years absent is only
b. burden of proof what is needed to presume him dead.
d. prima facie e. none of them
29. When an instrument is partly written in words and partly
of a printed form, which of them shall prevail if they are 35. The following are the exceptions to the Res Inter Alios
inconsistent to one another? Acta Alteri Noceri Non Debet Rule EXCEPT:
a. the former a. dying declaration
c. either of them b. admission by co partner
b. the latter c. admission by co conspirator
d. both of them d. admission by privies
30. What do you call that evidence which standing alone, e. admission by silence
unexplained or uncontradicted, is sufficient to maintain the
proposition affirmed? 36. A witness can only testify to facts which he knows of his
a. expert evidence personal knowledge, that is which are derived from his own
c. prima facie evidence perception.
b. secondary evidence d. direct a. testimonial knowledge c.
evidence character evidence rule
31. Any evidence having any value in reason as tending to b. hearsay evidence rule d.
prove any matter provable in an action: res gestae
a. object evidence 37. How can evidence of survivorship be proven?
c. relevant evidence a. all of these c. by
b. testimonial evidence d. false indirect evidence
evidence b. by direct evidence d. by
circumstantial evidence
INTERMEDIATE 38. Under the Revised Penal Code, if the rape victim is a
minor, a higher penalty is imposed by the law for the crime
32. The opinion of a (ordinary) witness may be received in committed. What would be the best evidence to prove the
evidence regarding: actual age of a supposed rape victim?
a. original birth certificate
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 b. certified copy of the birth certificate b. affidavit
c. either a or b will do daughter d. police blotter
d. testimony of the mother regarding age of her 49. This rule forbids the addition to or contradiction of the
39. It means the cognizance of certain facts which judges take terms of a written agreement. Oral testimony cannot prevail
and act on without proof or introduction of evidence because over the written agreement of the parties. The purpose of this
they already know them. rule is to give stability to written agreements. It came from the
a. judicial notice French word, meaning word of mouth or oral statement.
c. omnipotence a. best evidence rule c. fruit of
b. extra sensory perception the poisonous tree
d. judicial supremacy b. exclusionary rule d. parole
40. All of the following are exceptions to the parol evidence evidence rule
rule EXCEPT: 50. Which of the following is NOT a definition of an original
a. an intrinsic ambiguity, mistake or imperfection in document?
the written agreement a. the original of a document is one the contents of
b. the failure of the written agreement to express the which are the subject of inquiry
true intent and agreement of the parties thereto; b. when a document is in two or more copies executed
c. the validity of the written agreement at or about the same time, with identical contents, all
d. the existence of other terms agreed upon to by the such copies are originals
parties or successors in interest after the execution of c. when an entry is repeated in the regular course of
the written agreement. business, one being copied from another at or near
e. the fairness of the terms and conditions in the time of the transaction, all entries are originals
the written agreement of the parties d. none of the above
41. Evidences obtained in violation of the constitutional rights 51. Alibi is said to be the weakest defense. It is a plea that
of a person are not admissible because they are proscribed by the accused is somewhere else at the time of the commission
this rule: of the offense. However, in what instance may the defense of
a. exclusionary rule alibi acquire a commensurate value in the defense of the
c. constitution accused?
b. Miranda rule d. bill of a. where no positive and proper identification
rights of the accused has been satisfactorily made
42. If a document is executed in duplicate or multiplicate form, b. when the accused attempts to flee from
which shall be considered as the original? prosecution
a. the first one produced c. when the evidence for the defense is equally weak
c. the first to be signed by the party d. where the judge is confused about the facts of the
b. the first document to be notarized case thus necessitating the acquittal of the accused
d. each is deemed an original 52. How may one prove the contents of an original document
43. In ____________ cases, an offer of compromise is not an when it has become unavailable such as when it has been lost
admission of liability and is not admissible against the offeror. or destroyed?
a. criminal c. administrative a. by a copy thereof
b. civil d. labor b. by recital of its contents in some authentic
44. How do you call an admission made by a party in the document
course of a judicial proceeding? c. by the testimony of witnesses
a. extrajudicial confession c. both d. all of the above
a and b 53. When the original of a document is in the custody of a
b. judicial confession d. public officer or is recorded in a public office, how may one
hearsay prove its contents?
45. How does one classify a carbon copy of a document? a. by photocopy thereof c. by certified
a. it is a duplicate original c. it is neither copy issued by public officer in custody
of the above b. by recital of its contents d. by having the
b. a secondary evidence d. it is document authenticated by the City Mayor
substitutionary evidence 54. The following cannot be witnesses because of mental
46. It is the duty of a person to present evidence on the facts incapacity or immaturity EXCEPT:
in issue necessary to establish his claim or defense by the a. those whose mental condition, at the time of their
amount of evidence required by law. production for examination, is such that they are
a. burden of evidence c. preponderance of incapable of intelligently making known their
evidence perception to others
b. circumstantial evidence d. b. children whose mental maturity is such as to render
none of the above them incapable of perceiving the facts and of relating
47. Where a private document is more than thirty (30) years them truthfully
old, is produced from a custody in which it would naturally be c. persons who are laboring under extreme
found, and is unblemished by any alterations, then it may be physical illness that affects their gloomy
called as: disposition
a. best evidence c. 55. According to the disqualification by reason of marriage
corpus delicti rule, neither the husband nor the wife during their marriage
b. documentary evidence may testify for or against the other without the consent of the
d. ancient document affected spouse. This rule has no application in:
48. An extrajudicial confession shall not be sufficient for a. civil case by one against the other spouse
conviction, unless corroborated by evidence of: b. criminal case for a crime committed by one against
a. tow witness the other or the latter’s ascendants or descendants
c. corpus delicti c. both a and b
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 d. none of the above 63. W witnessed a crime yesterday. Because of the trauma
56. The Latin “Res Inter Alios Acta Nocere Non Debet” means: caused by the accidental witnessing of the crime, he lost his
a. the law may be harsh but it is the law sanity today. Is W qualified to testify as a witness tomorrow?
b. the welfare of the people is the supreme law a. yes because at the time of the witnessing of the
c. there is no crime if there is no law punishing it crime he was sane and his insanity thereafter is
d. the rights of a party cannot be prejudiced by immaterial
an act, declaration, or omission of another b. no because he became insane
57. A witness can only testify to those facts which he knows c. yes as long as he was sane at the time of the
of his personal knowledge, that is which are derived from his commission of the crime and at the time of trial a
own perception. This rule illustrates what rule? medical doctor would also testify that W became
a. hearsay rule c. res insane because of what he saw.
inter alios acta rule d. yes provided that at the time that W would
b. direct testimony rule d. both testify, he must have regained his normal
a and c sanity
58. It is an old rule on evidence which states that where on 64. May a ten (10) year old boy be allowed to testify regarding
one point the witness has lied, his testimony upon another a rape case he had witness?
point may be disregarded because: false in one thing false in a. no, because a ten year old boy does not know
everything”. everything about sex just yet
a. falsus in uno falsus in omnibus c. actus me b. no, because, his mother will not allow him to testify
invito factus non est meus actus because he’s too young
b. omnibus election code d. par in parem c. yes, if he already has discernment
non habet imperium d. yes, as long as he can perceive and can
59. When an inculpatory circumstances are capable of two or make known his perception to others
more inferences one which is consistent with the presumption 65. Pedro and Petra are husband and wife. During their
of innocence and the other compatible with guilt, then the marriage Pedro confided to Petra that he raped Lola Basyang a
accused must be acquitted. few months back. A year later, Pedro and Petra’s marriage was
a. corpus delicti annulled. Assume that Lola Basyang files a case of rape against
c. equipoise doctrine Pedro, may Petra testify in court regarding the confession made
b. proof beyond reasonable doubt by Pedro to her?
a. no, because it’s all in the past.
DIFFICULT b. no, because it is considered as hearsay.
60. A and B are husband and wife. C is their only daughter. c. yes, because the crime is not committed against her
C was raped by A while B was abroad. C confided to B that or her ascendants or descendants
she was raped by A. Can B testify against her own husband for d. yes, if Pedro consents to the testimony of
the rape of her daughter? Petra
a. no, because of the disqualification by reason of 66. Elias, a catholic went to Padre Salvi and confessed that he
marriage together with Crisostomo, Basilio and Quiroga were planning to
b. no, because only C, the victim may testify against stage a rebellion. The execution of the plan was prevented by
A alert military intelligence. May the court where the rebellion
c. yes, because the disqualification by reason of case is filed, compel Padre Salvi to testify against Elias by
marriage does not apply in a criminal case for a divulging the specifics of Elias’ confession?
crime committed by one against the other or a. yes, otherwise Padre Salve could be held liable for
the latter’s descendants or ascendants rebellion also
d. yes, if the judge permits B to testify without b. no, because it is not an exception to hearsay rule.
objection from the defense. c. no, because Elias never confessed anything to that
61. W is totally blind since birth. One night while walking on dirty slime Padre Salvi, if this is the case, then the
his way home, he heard the following utterances, “Pedro patay question would be amending the storyline of Rizal’s
ka na hayop ka!” Then another one uttered “Juan huwag, novel which could raise national protest among
anung kasalanan ko sa iyo?” A few seconds thereafter historians, academicians and the intellectuals.
gunshots were heard and somebody died. Can W be d. as a general rule no, because of the rule on
presented as a witness? priest/minister-penitent privilege
a. no because he is blind and he did not see who the communication
killer was 67. Crispin was arrested by the police upon complaint of the
b. no because he can never be considered as an Kura Paroko for allegedly stealing ten pesetas. Upon custodial
eyewitness investigation, Crispin waived his right to counsel and voluntarily
c. yes because of what he heard and he can confessed his participation in the stealing of the ten pesetas.
perceive and make this perception to others What is the status of the confession?
d. yes because aside from the fact that he is not a. the confession is inadmissible because we all know
disqualified W is also not a co conspirator to the killing that Crispin is innocent of the crime
62. All of these may be established by common reputation b. the confession is admissible if the waiver to counsel
EXCEPT: was put into writing
a. verbal acts c. the confession is inadmissible because it
c. marriage should be in writing and made in the presence
b. facts of public or general interest of counsel
d. moral d. the confession in not admissible because it was not
character notarized
68. What is the “calling out power” of the President of the
Philippines?

27 | P a g e AMICI REVIEW CENTER

 a. it means he has the power to call citizens to serve identity of the accused, or to put it in another way, what would
the country. you call the statement of Y?
b. it means he has the power to summon the PNP to a. res gestae c. direct
disperse unlawful assemblies and rallies testimony
c. it means he has the power to call out the b. dying declaration d.
armed forces to prevent or suppress lawless corroborative
violence, invasion or rebellion 75. In the above case, assuming that Y did not die because
d. none of the above. of skillful medical intervention, but during the precise time that
69. Impeachment is the legal process of removing certain he believed that death was impending, he actually confided to
public officials from the government offices which they hold. All PO1 A that it was X who stabbed him, what then would
of the following are impeachable officers EXCEPT: become of Y’s statement?
a. President and Vice President a. it becomes a dying declaration c. it
b. Members of the Supreme Court becomes a direct testimony against X
c. Members of the Constitutional Commissions b. it becomes parts of the res gestae d. it
d. Senators and Congressman becomes useless as evidence
70. Amendments or Revisions to the constitution may be 76. In relation to the above case again, in reality the
made by any of the following methods: statement of X might not become admissible in evidence either
One: By People’s initiative; as a dying declaration or parts of the res gestae because of the
Two: By Constitutional Convention; and absence of this element:
Three: By Congress itself upon a vote of ¾ of all its members. a. the death is imminent and the declarant is
conscious of that fact
Question: The number three (3) method is also known as: b. the preliminary facts which bring the declaration
within its scope be made to appear
c. the declarations relates to the facts or
a. Constitutional convention (ConCon) circumstances pertaining g to the fatal injury or death
b. Constitutional Assembly (ConAss) d. the declarant would have been competent to
c. Plebiscite testify had he survived.
d. This is unfair question this is not lifted from the rules 77. Ms. M was kidnapped by four (4) sex crazed men and was
on evidence, why is the examiner asking this question? brought to a hotel and was forcibly raped there repeatedly.
Luckily Ms. M was able to slip away from the gang and
71. W saw a murder scene incident, unfortunately for him the immediately run homeward bound. Upon meeting her mother,
culprits saw him and in order to silence him off, the Ms. M immediately uttered to her mother, “Mommy I was
unscrupulous killers cut his tongue off. Now W is unable to raped!”. How would you describe the statement made by Ms.
speak. Is W still qualified to become a witness? M?
a. no, because he is unable to testify through a. extrajudicial confession c.
speaking. parts of the res gestae
b. yes, because he is still alive b. dying declaration
c. no, he is no longer credible
d. yes because at the time of the incident he can
perceive and at the time of his testimony he can
still make known his perception to others Note: the next three (3) questions are related to each
72. Article Sixteen Section Six (Art. XVI. Sec. 6) of the other
Constitution says: “That state shall establish and maintain one 78. X and Y are husband and wife respectively they having
national police force which shall be national in scope and been married a long time ago. During this marriage, X confided
civilian in character, to be administered by ____________”’ to Y that he used to be a member of a bank robbery and kidnap
a. The President c. for ransom syndicate. When Y learned of this confession, he
NAPOLCOM lost his affection to X and decided to stay away from him. Later
b. PNP Chief the Philippine National Police offered Y to act as witness for the
d. DILG prosecution against X. May Y testify against X?
73. What do you call the statement made by a wounded a. yes because they are now separated and Y lost his
offended party immediately after he received several stab or love for X
gunshot wounds narrating the circumstances thereof which is b. no because of the rule on privileged marital
admissible in evidence and which may be taken as part of: communication rule
a. res judicata c. yes because Y did not know of the background of X
c. res gestae d. no because of the rule on privileged
b. res inter alios acta d. res communication rule unless the spouse
gist concerned gives his consent
79. In the above case assume that X and Y are common law
Note: The next three (3) questions are related to each husband and wife, may Y on this occasion testify against her
other husband?
a. yes if the husband consents c.
74. X stabbed Y a mentally deranged person, when the latter’s absolutely yes, the husband consent is
back was turned against the former. Despite of this Y was immaterial
positively sure that it was X who stabbed him because only X b. still no d. maybe yes
had the reason to do such a thing to him because of an old maybe no
grudge between them. Upon being brought to the hospital and 80. Assume that X and Y are legally married. X committed
in critical condition in the intensive care unit, PO1 A was able rape against Z. Z is the common daughter of X and Y. May Y
to interview Y. Y disclosed to PO1 A that it was X who stabbed testify against X?
him. A few days thereafter Y expired. What would establish the a. no because of the rule on privilege communication
28 | P a g e AMICI REVIEW CENTER
 b. yes because it is now a crime committed by a. admission by silence c.
one spouse against the other or the latter’s extrajudicial confession
direct descendants or descendants. b. exercise of his right to remain silent
c. no because X did not give his consent d. admission
d. it depends if the child Z would also agree to testify 86. X is an accused in a criminal case for rape. X tried to settle
against X his own father the case with the family of the offended party. X’s act of settling
the case is:
Note: The next three (3) questions are related to each a. an offer of compromise and implied admission
other of guilt
b. an offer of compromise and is not an implied
81. Attorney X was approach upon by Y who is an accused admission of guilt
in criminal case for parricide and asked the latter certain c. a quasi confession of guilt
questions which partook the nature of a lawyer client d. an offer to settle the case to buy peace
relationship. In his queries, Y was able to disclose to the 87. X is an accused in a reckless imprudence case resulting to
Attorney X that he was the one who actually killed his wife. homicide (a quasi offense). X went to the relatives of the
Attorney X declined to defend Y as he believed that Y’s case offended party and offered to settle the case in order that the
is a hopeless case. Attorney X now wants to testify against Y family of the victims might withdraw the criminal case. X’s act
in the same criminal case of parricide in which Y is the accused. of settling the case is:
May attorney X be allowed to testify against Y? a. an offer of compromise and implied
a. yes as there is no law which prohibits him from so admission of guilt
doing b. an offer of compromise and is not an implied
b. no because a lawyer is prohibited to be a witness admission of guilt
c. no because of the privilege communication c. a quasi confession of guilt
between lawyer and client unless his client, Y d. an offer to settle the case to buy peace
consents to such proposed testimony.
d. yes because there is no mention in the case that Y
paid attorney’s fees to attorney X, therefore there is
no attorney and client relationship to speak of Note: The next two (2) questions are related
82. Let us assume in the above case, that attorney X’s
stenographer or secretary or anyone of his employees in his 88. Under the rules when two persons perish in the same
law office was able to overheard the confession made by Y to calamity, and it is not shown who died first, the following rules
Attorney X. May anyone of this employee go to court where of disputable presumption shall be applied:
the parricide case is pending and testify against Y regarding 1. If both were under the age of 15 the older is deemed to
the admission made by Y to attorney X? have survived
a. no because of the lawyer client privilege and there 2. If both were above the age of sixty, the younger is
is no exception to the rule deemed to have survived
b. yes so long as the Y client consents if he does not 3. If one is under 15 and the other above 60, the former is
no deemed to have survived
c. as a general rule no, unless attorney X gives his 4. If both be over 15 and under 60 and the sex be different,
consent the male is deemed to have survived, if the sex is the
d. no, as a general rule, unless both attorney X same, the older.
and the client Y give their respective consents 5. If one be under 15 or over 60, and the other between
83. Assume in the above case, that Y was merely planning to those ages, the latter is deemed to have survived
kill his own wife and he was just asking the opinion of 6. if one be a female and the other is a known gay and
Attorney X how he could do it with legal impunity. May regardless of sex, the former is deemed to have
attorney X this time go to court and testify against Y? survived.
a. no unless Y gives his consent c. no
unless the employees of atty. X consents a. numbers 1 to 5 are correct
b. yes b. numbers 1, 2, 3 and 4 are correct
d. no absolutely c. number 6 is the only correct presumption
84. Assume that parricide case is now under trial. Attorney X d. all of them are correct presumption
felt insulted when Y after consulting him about the case did not
retain him as his defense counsel in the parricide case despite 89. Assume that Mario is 59 years old. Assume that his wife
Y’s representation that he would get attorney X as defense Maria is 18 years old. Both of them boarded a luxury cruise on
lawyer. To get even with Y, attorney X undertook the the way to Boracay Island to celebrate their honeymoon when
prosecution of the case against Y in the same criminal case. the cruise ship encountered a heavy downpour of water with
What crime did attorney X commit? strong winds that eventually capsized the vessel. Now, both of
a. no crime them could no longer be found. Who among the two shall be
c. betrayal of trust of an attorney deemed to have survived the other?
b. treachery a. Maria c. The
d. unethical conduct and treachery by an ship captain
attorney b. Mario
85. X was brought before the municipal hall by angry town’s d. None of the above.
people and every body was pointing at him and cursing 90. What is the proper order of examination of a witness?
imputing to him that they caught him in the act snatching the a. direct examination by the proponent
purse of a jeepney passenger. Despite of these accusations X cross examination by the opponent
merely bowed his head and said nothing. X silence is re direct examination by the proponent
considered as: re cross examination by the opponent
b. direct examination by the opponent
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 cross examination by the component b. entries in official records
re direct examination by the judge e. deposition at former proceedings
re cross examination by the pao lawyer c. commercial lists and the like
c. direct examination f. none of them
cross examnation 99. X was driving his car when suddenly a girl crossed the
re direct examination street and thus hitting the latter. X immediately brought the
re cross examination girl to the hospital. Upon meting the parents of the victim X
91. The question in a trial of a case such as “Did you see the immediately offered to pay the entire medical, hospital or other
accused shot the victim”? is not allowed under the rules on expenses related thereto. What is the implication of this offer?
evidence because it is a: a. it is an admission of liability
a. incriminating question b. a bribe to prevent the parents from suing X
c. hearsay c. admission of criminal liability
b. misleading question d. not an admission of any criminal or civil
d. leading question liability
92. The rule is before a witness can be impeached by evidence 100. X a minor committed a crime. Trial ensued and X was
that he has made at other times statements inconsistent with convicted. However under the present law existing, the
his present testimony, the statement must be related to him, imposition of the penalty shall be suspended. X’s case records
with the circumstances of the times and places and the persons were committed to the DSWD for study and monitoring. Y, a
present, and he must be asked whether he made them and if member of civil society group inquired from the DSWD if X had
so allowed to explain them. This is known as: a pending criminal case or records with that department. May
a. direct examination the DSWD disclose the prior conviction of X?
c. laying the predicate a. yes, because it is a public record
b. cross examination b. no because it is supposed to be confidential
d. none of the above and the records could partake the nature of
93. As a general rule, evidence of good character of a witness privilege communication
is not admissible until such character has been __________. c. yes so long as the inquiry is done in good faith
a. impeached c. put d. it depends if Y had the money to bribe the DSWD
into doubt officials
b. destroyed d. all of
them CRIMINAL PROCEDURE AND COURT TESTIMONY
94. Any public record, must not be removed from the office in
which it is kept except upon order of the court where the 1. What is that sworn statement charging a person with an
inspection of the same is essential to a just determination of a offense, subscribed by the offended party, any peace officer,
case. This is the doctrine of: or other public officer charged with the enforcement of the law
a. irremovability of public record c. violated?
sanctity of public records a. complaint c.
b. removability of public records d. archived denuncia
public records b. information d.
95. X admitted before the police station that he killed Y. He affidavit
even signed a document attesting to this fact with all the 2. What is that accusation in writing charging a person with
procedural and constitutional requirements being followed to an offense, subscribed by the prosecutor and filed with the
the letter. At the trial of the case the only evidence presented court?
by the prosecution was the extrajudicial confession of X written a. complaint c.
in a piece of official document. X would be most likely acquitted denuncia
because there is absence of proof of: b. information
a. corpus delicti c. d. affidavit
intent 3. All criminal actions either commenced by a complaint or
b. motive d. information shall be prosecuted under the direction and control
lawyer for X. of a:
96. Circumstantial evidence is sufficient to produce conviction a. private prosecutor
if all the following requisites are present EXCEPT: c. public prosecutor
a. there is more than one circumstance b. judge
b. the circumstance can be proven by direct d. pao lawyer
testimonial evidence 4. In case of heavy work schedule or lack of public prosecutor,
c. the facts from which the inferences are derived are the private prosecutor may be authorized in writing by the
proven; and __________ to prosecute the case subject to the approval of
d. the combination of all the circumstances is such as to the court.
produce conviction beyond reasonable doubt a. chief prosecution office c.
97. Leading questions are not allowed except on the following judge
cases. Which of the following is NOT an exception? b. regional state prosecutor
a. direct examination d. either a or b
b. on crosss examination 5. The crimes of adultery and concubinage shall not be
c. on preliminary matters prosecuted except upon a complaint filed by the:
d. when there is difficulty to get direct answers a. offended children
ignorant/child witness. c. fiscal
98. Which of the following is NOT an exception to the hearsay b. offended spouse
evidence rule? d. private prosecutor
a. entries in the course of business 6. __________ is an inquiry or proceeding to determine
d. learned treatises whether there is sufficient ground to engender a well founded
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belief that a crime has been committed and the respondent is b. one hour d. one
probably guilty, and should be held for trial. millennium
a. preliminary investigation 16. The arraignment of the accused may be suspended on any
c. inquest of the following grounds EXCEPT:
b. preliminary examination a. the accused appears to be suffering from an
d. inquiry unsound mental condition
7. Under the latest amendment to the rules all of the following b. there exists a prejudicial question
may conduct preliminary investigation EXCEPT: c. a petition for review of the resolution of the
a. provincial or city prosecutors and their assistants prosecutor is pending at either the Department of
b. judges of the municipal trial courts and Justice, or the Office of the President
municipal circuit trial courts d. the counsel for the accused failed to appear
c. national and regional state prosecutors and is asking for postponement of the
d. other officers as may be authorized by law arraignment
8. It is the taking of a person into custody in order that he 17. When may the accused file a motion to quash the
may be bound to answer for the commission of an offense. complaint or information?
a. arrest c. a. anytime before conviction c. anytime before
seizure entering his plea (or before arraignment)
b. search d. b. immediately after conviction d. before the filing of
custodial investigation the complaint or information
9. The head of the office to whom the warrant of arrest was 18. Which of the following is NOT a ground for a motion to
delivered for execution shall cause the warrant to be executed quash?
within __________ days from its receipt. a. that the facts charged do not constitute an offense
a. 5 c. b. that the court trying the case has no jurisdiction
15 over the offense charged
b. 10 d. 20 c. that more than one offense is charged except when
10. _______ is the security given for the release of a person a single punishment for various offenses is prescribed
in custody of the law, furnished by him or a bondsman, to by law
guarantee his appearance before any court. d. that criminal action or liability has been
a. bribe money c. extinguished
deposit e. that the accused is not the real perpetrator
b. mortgage d. bail of the crime charged
11. Before or after conviction by the Metropolitan Trial Court, 19. The provisional dismissal of offenses punishable by
Municipal Trial Court, or Municipal Circuit Trial Court and imprisonment not exceeding six (6) years shall become
before conviction by the Regional Trial Court of an offense not permanent _______ after issuance of the order without the
punishable by death, reclusion perpetua, or life imprisonment case having been revived.
all persons in custody shall be admitted to bail as a matter of: a. one year c. three
a. right c. years
optional b. two years d. six
b. discretion d. none years
of the above. 20. Pre-Trial is now mandatory in criminal cases. Which of the
12. It is an offense which, under the law existing at the time following is NOT one of those to be considered in a pre-trial
of its commission and of the application for admission to bail conference?
may be punished with death. a. plea bargaining d.
a. continuing offense c. waiver of objections to admissibility of evidence
complex crime b. stipulation of facts e.
b. transitory crime d. none of the above
capital offense c. marking for identification of evidence
13. It is an undertaking constituted as a lien on the real 21. After a plea of not guilty has been entered, the accused
property given as security for the amount of bail. shall have at least how many days to prepare for trial?
a. cash bond c. a. 15 days c. 30
property bond days
b. corporate surety d. b. 20 days d. 10
recognizance days
14. The amount of bail shall be fixed by the judge by 22. All of the following are grounds to discharge one of the
considering certain circumstances. Which of the following shall accused as a state witness EXCEPT:
NOT be a factor in fixing the amount of bail? a. there is absolute necessity for the testimony of the
a. the propensity/habit of the accused to give accused
money to court personnel b. there is no other direct evidence available for the
b. financial ability of the accused to give bail proper prosecution of the offense except his
c. probability of the accused appearing before the trial testimony
d. nature and circumstances of the offense c. the accused does not appear to be the most guilty
e. penalty for the offense charged d. the accused has not been convicted of any offense
15. Whenever a counsel de officio is appointed by court to involving moral turpitude
defend the accused at the arraignment, he shall be given a e. the accused is the least guilty
_______ to consult with the accused as to his plea before 23. The accused has the right to a public trial. However, the
proceeding with the arraignment. judge may exclude the public from the courtroom if:
a. reasonable time c. at a. the witness is watching
least one decade b. the counsel of the accused requested

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 c. evidence to be produced is offensive to 32. What system of criminal procedure is present when the
decency or public morals prosecution of offenders is left to the initiative of the officers of
d. there is a prejudicial question and the judge wants the law? Violence, torture and secrecy are the distinguishing
to review his notes first feature of this system.
24. When may the accused file a demurrer to evidence and a. accusatorial c.
what is its sole ground? mixed
a. after the prosecution rests its case and on b. inquisitorial
ground of insufficiency of evidence d. electrical
b. before the prosecution rests its case and on ground 33. In information must be filed in:
of insufficiency of evidence a. the court c.
c. before the accused pleads to the information on public attorney’s office
grounds of insufficiency of evidence b. fiscal’s office d. police officer
d. all of the above. 34. __________ is one which arises in a case, the resolution
25. _______ is the adjudication by the court that the accused of which is a logical antecedent of the issues involved in said
is guilty or not guilty of the offense charged and the imposition case and the cognizance of which pertains to another tribunal.
on him of the proper penalty. Under the old jurisprudence it is one that must necessarily
a. acquittal involve one criminal and one civil case.
c. trial a. motion to quash c.
b. memorandum demurrer
d. judgment b. prejudicial question
26. When may the court grant a new trial or reconsideration? d. double jeopardy
a. anytime before judgment of conviction 35. __________ is a remedy available to any person whose
becomes final right to life, liberty and security is violated or threatened with
b. after judgment of conviction becomes final violation by an unlawful act or omission of a public official or
c. before pleading to the complaint or information employee, or of private individual or entity. It shall cover
d. before the accused begins to serve his sentence extralegal killings and enforced disappearances.
27. Which of the following is a ground to grant new trial trial? a. writ of amparo c. writ
a. errors of law or irregularities prejudicial to the of habeas data
substantial rights of the accused have been b. writ of habeas corpus
committed 36. _________ is a remedy available to a person whose right
b. new and material evidence has been discovered to privacy in life, liberty or security is violated or threatened by
which the accused could not with reasonable diligence an unlawful act or omission of a public official or employee, or
have discovered and produced at the trial. a private individual or entity engaged in the gathering,
c. none of the above collecting or storing of data or information regarding the
d. both a and b person, family, home and correspondence of the aggrieved
28. What is that order in writing issued in the name of the party.
People of the Philippines, signed by a judge and directed to a a. writ of amparo c. writ of
peace officer, commanding him to search for personal property habeas data.
described therein and bring it before the court. b. writ of habeas corpus
a. warrant of arrest MODERATE
c. information
b. john doe warrant 37. All of the following are grounds to suspend the scheduled
d. none of the above arraignment of the accused EXCEPT:
29. All of the following may be searched and seized by virtue a. the accused appears to be suffering from an
of a warrant EXCEPT: unsound mental condition which effectively renders
a. subject of the offense him unable to fully understand the charge against him
b. stolen or embezzled and other proceeds, or fruits and plead intelligently thereto
of the offense b. there exist a prejudicial question
c. used or intended to be used as a means of c. a petition for review of the resolution of the
committing an offense prosecutor is pending at either the DOJ or the Office
d. PS2 or game boy advance owned by the child of the President (in which case the suspension shall
of the respondent not exceed 60 days counted from the filing of the
30. A person lawfully arrested may also be searched for petition)
dangerous weapons or anything which may have been used or d. the accused has not yet procured a counsel
constitute proof in the commission of an offense without search of his own choice despite having been given the
warrant. This describes: opportunity to do so in earlier settings
a. search incidental to a lawful arrest c. 38. The public prosecutor is said to be in “direct control and
unconstitutional arrest supervision of a criminal case.” What is meant by this
b. search incidental to unlawful arrest d. warrantless statement?
arrest a. he must be physically present in court and he
31. These are facts and circumstances that would lead a may turn prosecution of the case to a private
reasonably discreet and prudent man to believe that an offense prosecutor but under his supervision.
has been committed and that the object sought to be seized is b. it means he is better and higher than the judge
in the place sought to be searched. c. he must see to it that justice is done
a. proximate cause c. d. it means he can sell the criminal case if the price is
affidavit right
b. probable cause d. 39. What do you call that procedure where hearings of
suspicion testimonies are dispensed with instead only affidavits or

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counter affidavits of the parties and their witnesses are made b. department of justice d.
in lieu of the former, subject however to cross examination. executive branch
a. regular procedure 49. There are three (3) types of criminal procedure which
c. special procedure among the following is NOT one of them?
b. trial a. accusatorial c.
d. summary procedure industrial
40. RA 7438 is titled “An Act Defining Certain Rights of b. inquisitorial d.
Persons Arrested, Detained or Under Custodial mixed
Investigation”. Under this law who among the following has 50. It is an act that EXPANDED the jurisdiction of Regional
no right to visit the person under custodial investigation? Trial Courts, Municipal Trial Courts and other lower courts in
a. fiancé or fiancée the Philippines.
c. Ngo representative a. RA 7691 c. RA
b. uncle or aunt d. 8551
media personnel b. RA 7438 d. RA
41. In which of the following cases shall application for bail be 8485
denied by the court? 51. Which among the following has no judicial power?
a. when the offense charged is capital offense and evidence of a. RTC c. Shari’ a courts
guilt is string b. MTC d. Napolcom
b. after judgment of conviction has become final 52. Metropolitan Trial Courts, Municipal Trial Courts and
c. when the accused has commenced to serve his Municipal Trial Courts are the courts that administer Summary
sentence Procedure cases. Which among the following does NOT fall
d. all of the above under the rules on summary procedure?
42. Jurisdiction of the court over the person of the accused is a. violations of traffic laws, rules and regulations
acquired by the following EXCEPT: b. violations of rental laws
a. upon his voluntary appearance in court c. violations of city or municipal ordinances
b. upon the arrest of the accused d. criminal cases where the penalty prescribed is
c. upon his release from detention imprisonment not exceeding six (6) months or a fine
d. none of the above not exceeding one thousand pesos (P1,000.00) or
43. Who acts as the alter ego of the judge who takes charge both
of the business of the court and supervises all other court staff? e. violations of BP 22 cases
a. PAO lawyer f. offenses punishable by reclusion perpetua
c. clerk of court 53. Which of the following is NOT a requisite (of criminal
b. prosecutor jurisdiction) before a court can exercise its power to hear and
d. chief of police try a certain case?
44. Which among the following is (illegal) will not justify arrest a. jurisdiction over the subject matter
without a warrant? b. jurisdiction over the person of the accused]
a. hot pursuit c. jurisdiction over the territory where the offense was
c. arrest based on probable cause committed
b. continuing crime d. none of them (as all of them are requisites)
d. mere suspicion 54. What is that rule where the private offended party may
45. Which among the following is required by the Rules of intervene in the criminal prosecution either personally or
Court to conduct monthly personal inspections of provincial, through counsel?
city and municipal jails to ascertain the number of detainees, a. miranda rule c.
inquire on their proper accommodation and health and examine English rule
the condition of jail facilities? b. french rule d. rule
a. RTC judges of intervention
c. CHR 55. In a complaint or information, how is the real nature of the
b. Executive judges of RTC concerned crime as charged determined?
d. PAO a. by the facts recited in the complaint or
46. An application for or admission to bail shall not bar the information
accused from challenging the validity of his arrest or the legality b. by the title or caption of the complaint or
of the warrant issued therefore , or from assailing the absence information
of a preliminary investigation, provided that he raises them: c. by the designation of the offense made by the
a. before entering his plea c. after offended party
conviction d. by the amount of the filing fee paid by the offended
b. immediately after entering his plea d. none of party
the above 56. Which among the following is NOT a constitutional right
of the accused because it is a mere statutory right and NOT a
47. Which of the following motion may be availed of after constitutional right?
arraignment? a. the right to be presumed innocent until the contrary
a. motion to quash is proved
c. motion to set case for pre-trial b. the right to be informed of the nature and the cause
b. motion to dismiss of the accusation against him
48. Which department of the government has the power to c. to be present and defend in person and by counsel
order a change of venue of trial so as to avoid a miscarriage of at every stage of the proceedings, from arraignment
justice? to promulgation of judgment.
a. supreme court d. to appeal in all cases allowed and in the
c. congress manner prescribed by law.

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57. What do you call that practice where the accused (who b. it may served at anytime of the day or night if thee
may not even be a lawyer) personally undertakes his defense appears in the affidavit that the property is on the
in a criminal case without the assistance of a counsel whether person or in the place ordered to be searched on such
de parte or de officio after the judge is satisfied that he can time.
intelligently defend himself without the assistance of a counsel. c. it must be served during nighttime only
a. kayabangan!!! d. both a and b
c. appearance in propria persona 67. In the conduct of a preliminary investigation, the
b. pro se practice investigating prosecutor shall either dismiss or issue a
d. both b and subpoena to the respondent within _________ after the filing
c of the complaint.
a. 10 days
58. How do you make an application for search warrant? c. 20 days
a. by motion and set the case for hearing b. 15 days
b. by announcing it on television d. 1 month
c. upon application with the proper court and 68. The illegality of arrest must be questioned by the
heard ex parte accused __________ otherwise it is deemed waived.
d. upon application with the fiscal and heard in a. anytime after conviction
chambers b. before trial
59. So that a waiver of the rights of a person under custodial c. before entering his plea
investigation may be valid, which of the following is a d.all of the
requirement? above
a. done voluntarily and intelligently
b. the waiver must be in writing 69. Which of the following CANNOT be seized?
c. the waiver must be in writing and with his a. subject of the offense
assistance b. stolen or embezzled and other proceeds, or fruits
d. all of the above of the offense
60. Which of the following is the Witness Protection, Security c. used or intended to be used as the means of
and Benefit Program law? committing an offense
a. Act 3815 c. RA d. any property that can be used as an evidence
6981 to prosecute the offender
b. RA 8551 d. RA
9262 70. In certain cases where the parties involved are residents
61. A demurrer to evidence may also be called: of the same city or municipality, there is a condition precedent
a. motion to dismiss before a criminal case maybe filed in court. What is this
c. motion to postpone condition precedent?
b. motion to quash a. amicable settlement before the lupong
62. When may the bail of the accused be declared as tagapamayapa under the katarungang
forfeited? pambarangay law
a. if the accused fails to appear in court in person as b. police blotter
required c. medico legal investigation
b. if he fails to give bribe money as required d. all of the above
c. if he commits another crime during his temporary 71. A private prosecutor can take over or handle the
liberty prosecution of a criminal case from the public prosecutor only
d. all of the above when:
63. A bail may be cancelled upon surrender of the accused or a. he is authored by the DOJ
proof of his death while, it is deemed automatically b. he is under the authority and control of the
cancelled upon acquittal of the accused, dismissal of the case, public prosecutor and permitted by the
or execution of the judgment of conviction. offended party which is implied
a. true c. false c. he is a member of the Integrated Bar of the
b. partly true d. Philippines
absolutely false d. he is not convicted of a crime involving moral
64. In (Metropolitan) Manila and other chartered cities, the turpitude
complaint shall be filed with the office of the __________unless 72. When does judgment of conviction become final?
otherwise provided in their charters. a. after the lapse of the period for perfecting an
a. prosecutor c. PAO appeal
b. private prosecutor d. clerk of b. when the sentence has been partially or totally
court satisfied or served
65. Which of the following is true about doubts in criminal c. when the accused has waived his right to appeal
cases? d. when the accused applies for probation
a. all doubts should be resolved in favor of the e. all of the above
accused
b. all doubts should be resolved in favor of the state DIFFICULT
c. all doubts should be resolved in favor of the Note: the next two questions are related
prosecution
d. all doubts should be removed because conviction 73. All of the following are grounds for a motion to quash
must be beyond shadow of a doubt EXCEPT:
66. What is the proper time in affecting or executing a search a. the facts charged do not constitute an offense
warrant? b. the court trying the case has no jurisdiction over
a. it must be served in the day time as a general rule the offense charged
34 | P a g e AMICI REVIEW CENTER
 c. the court trying the case has no jurisdiction over today. How many days does X have to appeal his judgment of
the person of the accused conviction?
d. the officer who filed the information had no a. within fifteen light years from judgment
authority to do so b. within fifteen days from promulgation of
e. the information does not comply substantially to the judgment
prescribed form c. within fifteen days from receipt of the Public
f. more than one offense is charged (duplicitous Attorney’s office of judgment
information) d. within fifteen days from receipt of the private
g. criminal action or liability has been extinguished defense counsel of judgment
h. the information contains averments which if true,
would constitute legal excuse or justification Note: The two (2) following questions are related to
i. the accused has been previously convicted or each other
acquitted of the offense charged (double jeopardy 81. If an offense is committed on a merchant vessel in the
k. NONE OF THESE course of its voyage. Where is the proper place of instituting
74. In the above question which ground for a motion to quash the criminal action?
in not waived even if NOT ALLEGED by the accused? a. place where the crime was committed
a. letters a,b, g and i b. the place of origin or departure of the vessel
b. letters c, d, e, f c. the court of the first port of entry or of any
c. letter f,g, and h municipality or territory where the vessel
d. letter L passed during such voyage subject to the
75. The Judiciary Reorganization Act is also known as BP accepted principles of international law.
180. When was it approved? d. place where the ship is registered or if not place of
a. January 1, 1932 manufacture of the ship subject to international law
c. August 14, 1981 82. Assume that the vessel in the above question is not a
b. December 8, 1930 merchant vessel but a warship and the crime is committed
76. When may a person be arrested without a warrant? within Philippine waters, where do you file the information.
a. when in the presence of the arresting person, the a. province or city having jurisdiction where the crime
person to be arrested has committed, is actually was committed
committing or is attempting to commit an offense. b. court having jurisdiction over the place of
b. when an offense has just bee committed and the destination of the warship
arresting officer has probable cause to believe based c. one cannot file the information in the
on personal knowledge of facts that the person to be Philippines because Philippine courts do not
arrested has committed it have jurisdiction over crimes committed on
c. when the person to be arrested is a prisoner who warships
has escaped from a penal establishment d. none of the above
d. all of the above
Note: The three (3) following questions are related to
Note: The following four (4) questions are related to each other
each other 83. X committed the crime or rape in Cavite, Philippines.
Where do you file the information?
77. X an illiterate provincial folk was arrested by the police and a. appropriate RTC of Cavite c. file it
is now under custodial investigation. X was ceremoniously in the barangay first to avoid prematurity
informed of all of his rights by the police in the English language b. appropriate MTC of Cavite d. city
especially that of his right to have a counsel. After these fiscals office of Cavite
perfunctory recitations, X voluntarily (without intimidation or 84. In the above question, assume that X is a powerful
coercion) waived his right to counsel and admitted authorship governor of Cavite, thus there is a possibility that X might
of the commission of the crime in a piece of paper. X made a: influence the outcome of the case by intimidating or bribing the
a. confession police, prosecutor, defense counsel and witnesses. Which of
c. extrajudicial confession the following is the best thing to do?
b. admission a. forget the case and do not proceed with it anymore as you
d. judicial admission will surely lose.
78. In the above case, X’s statement will not be admitted by b. ask for media coverage so as to pressure those concerned
the court because: to avoid influencing or being influenced by another.
a. he was not informed of his rights in a language or c. ask the New People’s Army to assassinate Mayor X, in that
dialect known to him case instant justice is obtained
b. he was not a college graduate d. file a motion with the Supreme Court asking for a
c. the police merely gave him a ceremonial recitation change of venue of trial.
of his rights e. ask the Court of Appeals to order a change of venue of trial.
d. all of the above 85. Assume that Mayor X abducted the offended woman in
79. Another reason why the statement will not be admissible Laguna and raped the latter in his house in Cavite, which of the
in evidence is that: following court is the proper court that has criminal jurisdiction?
a. the waiver of his rights was not made in writing and a. Cavite court
in the presence of his counsel c. Supreme Court
b. the waiver was made in the English language b. Laguna court d.
c. the waiver must be signed by the judge either of a or b
d. there is no medical certificate presented by the
police that they did not harass X, the accused Note: the next three (3) questions are related to each
80. Let us assume that there was no irregularity in the other
proceedings in the custodial investigation, so X was convicted
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86. X is accused of unjust vexation. At the arraignment the 92. Assume that when X stabbed Y, the latter was in a no way
judge asked X whether he had a counsel. X said he had none. to identify X as his assailant. But Y nevertheless in his dying
What should the judge do? state had a strong hunch that it was X alone he could have
a. the judge should postpone the arraignment possibly done the stabbing, hence in his declaration to SPO4
b. the judge should dismiss the case Z, he pointed to X as his aggressor. Y died. What will happen
c. the judge should cry aloud in front of the litigants to his declaration to SPO4 Z?
and his staff to show pity to the accused who is so a. it will not be admitted as dying declaration
poor that he could not afford a counsel of his own and b. it will not be admitted as dying declaration but will
then call the media for exposure or mother Lily for a be admitted as part of res gestae
possible role in the movies c. Y will be subjected to rigid examination by the
d. the judge should inform X that he has the defense counsel
right to counsel and appoint one to assist him d. it will be considered as declaration against pedigree
in the arraignment or common reputation
87. In the above case, assume that X did not appear with a 93. A law enforcer may forcibly enter a structure if armed with
lawyer to assist him and X expressed his desire to defend a warrant and he is refused admittance thereto. May a private
himself personally without the assistance of counsel. Assume individual also do this (break open)?
that after examination of X, the judge was convinced that X a. no
was of above average intellect and that he is a 4 th year law c. no because the right is accorded only to
student and that he finished BS Criminology (Criminal Justice officers
Education alumnus) at the Pamantasan NG Lungsod NG b. yes d. it
Muntinlupa. So the judge allowed X to enter his plea at the depends
arraignment without the assistance of counsel. In the 94. What is the period of appeal from a resolution of the
subsequent hearings the judge even allowed X to conduct the prosecutor to the Department of Justice by the aggrieved
cross examination of the first witness for the prosecution. How party?
do you call this practice of X? a. 15 days from receipt of the resolution or
a. X is involved in “kayabangan” and he deserves to denial of the Motion for reconsideration
be convicted. b. 10 days from entry of judgment
b. pro se practice c. 15 days from time of the knowledge of the decision
c. counsel de officio of the respondent judge
d. onanism or self gratification d. none of the above
88. This time, assume that X appeared in court with a counsel 95. What should the police do before entering a place where
to assist him at the arraignment. How should X enter his plea? a person to be arrested is believed to be?
a. X enters his plea through his counsel and verbally a. announce is purpose and authority first
b. X enters his plea though his counsel and by motion b. announce that the person to be arrested will be
c. X enters his plea personally, through sign language spared if the price is right
and of record c. there is no more requirement just enter the building
d. X enters his plea personally, in open court at all cost
and of record d. wait outside until the person to be arrested has
already escaped to avoid possible encounter
Note: The next four (4) questions are related to each 96. When a criminal action is instituted, the civil action for the
other recovery of the civil liability arising from the offense is impliedly
instituted with the criminal action. There are EXCEPTIONS to
89. X stabbed Y. Luckily, Y was able to identify his assailant. this rule. Which of the following is NOT an exception?
Upon being rushed to the hospital, SPO4 Z got the statement a. the offended party waives the civil action
of Y. Y believing at that time that he was at the point of death, b. the offended party reserves the right to institute it
confided to SPO4 Z that X was his assailant. Y died a few separately
hours thereafter. What would be your basis to establish the c. the offended party institutes the civil action prior to
identity of the assailant and bring him to justice? the criminal action
a. dying declaration of X d. there is prejudicial question
b. dying declaration of Y 97. WHERE and WHEN do you file a petition for suspension
c.res gestae of the criminal action based upon the pendency of a prejudicial
d. direct testimony of Y question.
90. Assume that in the above case, Y was able to survive as a. office of the prosecutor at any time before the
he did not die. What could be the basis to establish the identity prosecution rests
of the assailant? b. public attorney’s office anytime
a. dying declaration of X c. c. free legal assistance group before arraignment
res gestae d. DOJ before conviction
b. dying declaration of Y d. 98. In which of the following cases shall an accused be
direct testimony of the doctor released on reduced bail or on his own recognizance?
91. If Y did not die, his statement could not qualify as a dying a. if he is in custody for a period equal to or
declaration because: more than the minimum of the principal
a. X must also die penalty prescribed for the offense charged
b. the doctor must testify that the wound was fatal or without application of the indeterminate
could have caused death sentence law.
c. SPO4 X did not present the best evidence, that is b. if he is not a habitual delinquent, a recidivist or
the tape recordings of Y’s statement quasi recidivist.
d. Y’s death is indispensable or must have c. if he is a first time offender
occurred d. none of the above

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 Note: The next four (4) questions are related to each
other

99. At the arraignment of X, the accused for the offense of

murder, the clerk of court had read the information in a
language known to X. Upon being asked about his official plea,
X merely vowed his head (or let us say, makes a conditional
plea) and said nothing. The judge this asked X regarding his
official plea but X merely kept his silence (or say continues to
make his conditional plea). What will be the implication of X’s
silence (or conditional plea)?
a. the judge will order his imprisonment for contempt
b. the judge will call upon a guard to force X to make
a plea one way or the other
c. the arraignment will have to be postponed
d. a plea of not guilty shall be entered for X
100. At the arraignment of X, the private offended party is
also required by the court to attend thereat. What is the reason
for requiring the private offended party to appear at the
arraignment?
a. for purpose of plea bargaining
b. for purpose of determining civil liability of the
accused
c. for purpose of other matters requiring his presence
d. all of the above

37 | P a g e AMICI REVIEW CENTER