CLJ 1- Introduction to Philippine Criminal Justice System

Preliminary Examination

Read the questions carefully and choose the letter of the best answer.

1. A rule or method according to which phenomena or actions coexist or follow each

other.
a. doctrine
b. law
c. criminal justice
d. justice system
e.
2. Laws are created in response to the conduct of human in the society. This
statement is.
a. partly true
b. true
c. partly false
d. false
e. undecided
3. This branch of the government has the power to check and balance the
constitutionality of the laws created.
a. legislative
b. correctional
c. executive
d. judicial
e. administrative
4. A legislative act which inflicts punishment without trial.
a. bill of rights
b. ex post facto law
c. bill of attainder
d. criminal law
e. preliminary investigation
5. Listed below are sources of Philippine Criminal Law except one.
a. Act No. 3815
b. Presidential Decrees
c. Special penal laws
d. people’s majority decision
e. a,b and c
6. The proponent of Victimology theory who believes that situational factor is a
reason of victimization.
a. Nelson Mandela
b. Benjamin Mendelson
c. Nelson Mendelson
d. Benjamin Mandela
e. Benjamin Diokno
7. It is the process wherein the accusation is brought before the court of justice to
determine the guilt or innocence of the accused.
a. correctional administration
b. court
 c. prosecution
d. law enforcement
e. law enforcement
8. For a warrantless arrest of an accused caught in flagrante delicto to be valid,
these requisites must occur except one.
a. that the person to be arrested must execute an overt act indicating that he
has just committed it.
b. that such overt act is done in the presence of the arresting officer
c. that such act is done within the view of the arresting officer
d. that the person to be arrested had just admitted that he committed such
act
e. a,b and c
9. Listed below are the legal duties of an arresting officer by virtue of warrant of
arrest except one.
a. to show him the warrant of arrest.
b. to deliver him to the nearest police station.
c. to file charge against the arrested person in the court of law
d. to inform him of the reason for the arrest
e. to inform him of his constitutional right to communicate with his counsel
10. According to Section 7, Rule 113 of the Revised Rules on Criminal Procedure in
making arrest, the officer need to always have in his possession the warrant in time
of arrest. This statement is?
a. correct
b. partly correct
c. false
d. partly false
e. undecided
11. A branch of government which consists of a Senate and House of
representatives.
a. legislative branch
b. executive branch
c. judicial branch
d. administrative branch
e. opposition
12. A law which makes an act done before the passage of the law and which was
innocent when done and punishes such an act.
a. bill of attainder
b. ex post facto law
c. writ of amparo
d. law of preferential application
e. criminal law
13. Branch or division of law which defines crimes, treats of their nature, and
provides for their punishment.
a. bill of attainder
b. ex post facto law
c. writ of amparo
d. law of preferential application
e. criminal law
14. A characteristics of criminal law which means that the criminal law of the
country governs all persons within the country.
a. territoriality
b. generality
c. prospectivity
d. admissibility
e. reliability
15. A crime against the law but that only harms the individual who consented to
engage in it.
a. crimes against person
b. crimes against property
c. crimes against chastity
d. crimes against national security
e. victimless crimes
16. It signifies the ways and means devised by a peace officer to catch or
apprehend a person who has committed a crime.
a. buy-bust operation
b. entrapment
c. instigation
d. arrest
e. preliminary investigation
17. This activity takes place when a police officer induces a person to commit a
crime.
a. buy-bust operation
b. entrapment
c. instigation
d. arrest
e. preliminary investigation
18. It is an inquiry or proceeding to determine whether there is sufficient ground to
engender a well-founded belief.
a. probable cause
b. entrapment
c. instigation
d. arrest
e. preliminary investigation
19. This term neither means actual and positive cause nor important absolute
certainty. It is merely based on opinion and reasonable doubt.
a. probable cause
b. entrapment
c. instigation
d. arrest
e. preliminary investigation
20. This agency is responsible for the prosecution in the Philippines and serves as
the prosecution arm and administer criminal justice system.
a. Department of Justice
b. Bureau of Customs
c. Department of Migrant Workers
d. Bureau of Immigration
e. Provincial or City Prosecution
21. It is an act or omission punishable by Special Penal Laws.
 a. offense
b. felony
c. misdemeanor
d. infraction
e. misfeasance
22. A Latin phrase which means wrong or evil.
a. mala inse
b. mala prohibita
c. malas
d. all of the above
e. none of the above
23. An act or omission punishable by the Revised Penal Code.
a. offense
b. felony
c. misdemeanor
d. infraction
e. misfeasance
24. A characteristic of criminal law which states that criminal law looks forward and
punishes acts that are considered crime by virtue of law.
a. territoriality
b. generality
c. prospectivity
d. admissibility
e. reliability

25. An act or omission in violation of city, municipal or barangay ordinance.

a. offense
b. felony
c. misdemeanor
d. infraction
e. c and d
26. The taking of person into custody that he may be bound to answer for the
commission of an offense.
a. warrant of arrest
b. search warrant
c. complaint
d. arrest
e. information
27. An accusation in writing charging a person of an offense; subscribed by the
fiscal and filed with the court.
. warrant of arrest
b. search warrant
c. complaint
d. arrest
e. information

28. An order in writing issued in the name of the Philippines, signed by a judge,
directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court.
 a. warrant of arrest
b. search warrant
c. complaint
d. arrest
e. information
29. A sworn written statement charging a person of an offense, subscribed by the
offended party and filed to any peace officer or public officer in charged with the
enforcement of the law.
. warrant of arrest
b. search warrant
c. complaint
d. arrest
e. information
30. A written order issued and signed by the magistrate, directed to a peace officer
or some other person specially named, and commanding him to arrest the body of a
person named in it who is accused of an offense.
a. warrant of arrest
b. search warrant
c. complaint
d. arrest
e. information

CLJ 3- Criminal Law Book 1

Preliminary Examination
Instruction: Read the questions carefully and choose the letter of the best answer.

1. Which of these is not a requisite of “avoidance of greater evil or injury”?

a. That the injury feared be greater than the injury done to avoid it.
b. That the means used to avoid the injury is lawful.
c. That the evil sought to be avoided exists
d. That there be no practical or less harmful means of preventing it
e. None of the above
2. What is the deliberate planning of an act before execution?
a. Treachery
b. Cruelty
c. Ignominy
d. Premeditation
e. Assumption
3. In what instance can alibi (weakest defense) acquire commensurate strength
in evidential value?
a. When it changes the burden of proof
b. When the evidence for the prosecution is strong
c. Where no positive and proper identification has been satisfactory made
d. When questions on whether the accused committed the offense are
clear
e. All of the above
4. A truck loaded with stolen boxes of rifles was on the way out of the
checkpoint in South harbor surrounded by a tall fence when a security guard
discovered the boxes on the truck. What crime was committed?
a. Attempted felony
b. Consummated felony
c. Frustrated felony
d. None of these
e. All of these
5. What are those circumstances which are either aggravating or mitigating
according to the nature and effects of the crime and other conditions
attending its commission?
a. Justifying
b. Mitigating
c. Aggravating
d. Alternative
e. Exempting
6. There is if the killing was considered beforehand and that it
was motivated by more than a simple desire to engage in an act of violence.
a. Implied malice
b. Deliberation
c. Express malice
d. Premeditation
e. Malice
7. Which of the following is an exempting circumstance?
a. An act done under the impulse of an uncontrollable fear of an equal or
greater injury.
b. An act done in obedience to an order by a superior for some lawful
purpose.
c. Having acted upon an impulse so powerful as to have naturally
produced passion and obfuscation.
d. An act done in fulfillment of a duty or in the lawful exercise of a right or
e. office.
f. All of these
8. Which is not a requisite before a court can validly exercise its power to hear
and try a case?
a. None of these
b. It must have the jurisdiction over the subject matter.
c. It must have the jurisdiction over the person of the accused.
d. It must have the jurisdiction over the territory where the offense was
committed.
e. All of these
9. What will be the effect on the criminal liability of the accused that was sane
when he committed the crime, but becomes insane at the time of trial?
a. He is exempt from criminal liability under paragraph 1 of Article 12 of
the RPC
b. He is still criminally liable, but his trial will be suspended until his
mental capacity will be restored to afford a fair trial.
c. His criminal liability will be extinguished.
d. None of these
e. All of these
10. What is the effect of the death of the offended party in a criminal action for
libel?
a. No effect at all
b. The criminal liability is partially extinguished.
c. The criminal liability is extinguished.
d. The criminal liability is not extinguished.
e. None of these
11. Who is exempt in all cases? From all criminal liability?
a. A person under nine years of age
b. An imbecile
c. An insane
d. Recidivist
e. All of these
12. Which of the following is a mitigating circumstance?
a. Having acted upon an impulse so powerful as naturally to have
produced passion and obfuscation.
b. An act done in obedience to an order by a superior for some lawful
purpose.
c. An act done under the impulse of an uncontrollable fear of an equal or
greater injury.
d. An act done under the compulsion of an irresistible force.
e. All of these
13. Criminal law applies to all person who commit felonies in Philippine territory.
The exception to this rule is except;
a. By virtue of treaty stipulations
b. By laws of preferential application
c. By principle of public international law
d. By habitual delinquency
e. None of these
14. Complex crimes or delito continuado or mandate that only one information
should be filed against the offender; the term “continuing crime” is more
pertinently used with reference to the?
a. Place where the crime is committed.
b. Venue where the criminal action may be instituted.
c. Person who committed the crime
d. Time of the commission of the crime
e. Place where the victim lived.
15. Refers to that cause, which is natural, is a continuous sequence, unbroken by
any efficient superseding ground, produces the injury and without which
result would not have occurred.
a. Proximate cause
b. Intervening cause
c. Overt acts
d. Active force
e. Probable cause
16.It is the portion of the acts constituting the felony, starting from the point
where the offender begins the commission of the crime to the point where he
has control over his acts.
a. Objective phase
b. subjective phase
 c. grave felonies
d. all of these
e. none of these
17. Generally, they are punishable only when they have been consummated,
with the exemption of those crimes committed against persons or property.
a. Justifying
b. Exempting
c. Aggravating
d. Mitigating
e. Alternating
18. Refers to one of the three equal portions, called minimum, medium and
maximum of a divisible penalty.
a. Degree
b. Prescription
c. Period
d. Duration
e. Term
19. Refers to the loss of the right of the state to prosecute the offender after
certain lapse of time.
a. Prescription of the crime
b. Prescription of the penalty
c. Degree of penalty
d. Period of the penalty
e. prescription of drugs
20. Things which are wrongful in their nature.
a. Evil
b. Mala ince
c. Mala inse
d. Mala prohibita
e. Mala prohibitum
21. Crimes punishable by correctional penalties; except those punishable by
arresto mayor shall prescribe in how many years?
a. 20 years
b. 15 years
c. 10 years
d. 5 years
e. 3 years
22. It refers to those penalties expressly imposed by the court in the judgment of
conviction.
a. Principal penalties
b. Accessory penalties
c. Subsidiary penalties
d. Fine
e. Imprisonment
23. In the crime of theft, the culprit is duty-bound to return the stolen property.
a. Restitution
b. Reparation
c. Civil liability
d. Indemnification for consequential damages
e. Retribution
24. Under our laws, what is the age of full responsibility?
a. 12 years above and below 19 years old
b. Between 9 and 15 years
c. 18 years to 70 years of age (adolescence to maturity)
d. Over 9 under 15 acting with discernment, 15 or over but not less than
18
e. Over 70 years of age
25. A inflict slight physical injuries to B without intention to inflict other injuries,
B then attacked A is an example of;
a. Self-defense
b. Intervening cause
c. Retaliation
d. Proximate cause
e. probable cause
26. Having sexual intercourse with a woman who is already dead, but the
offender thought that she was alive. Rape cannot be committed against dead
woman. Rape is now a crime against persons under RA 8353. It is no longer a
crime against chastity that it used to be under Art.335 of the Revised Penal
Code.
a. Hence, the law should be repealed.
b. Hence, rape is an impossible crime for women.
c. Hence, there is now an impossible crime of rape.
d. Hence, rape is not applicable to a dead person.
e. Hence, the law should have retroactive effect.
27. Which of the following statement is not true?
a. In vindication, the grave offense must be made directly only to the
person committing the felony.
b. In vindication, the vindication of the grave offense must be proximate
which admits of an interval of time between the grave offense done by
the offender and the commission of the crime by the accused.
c. In provocation, it is necessary that the provocation or threat
immediately preceded the act or there must be no interval of time
between the provocation and the commission of crime.
d. In provocation, the cause that brought about the provocation need not
be a grave offense.
e. None of these
28. Reclusion perpetua is a penalty prescribed under the RPC while life
imprisonment is a penalty under special laws, reclusion perpetua has
accessories penalties life imprisonment has no accessory penalties; in
reclusion perpetua, the accused is entitled to parole atter serving 30 years
imprisonment. Life imprisonment has no fixed duration. This statement is-
a. Absolutely false, it should be the other way.
b. True, as they are correctly distinguished.
c. Partially true
d. Partially false
e. Undecided
29. Treachery is present in crimes against persons only. Its essence is that the
victim has no opportunity to defend or retaliate from the attack made by the
offender. Thus, the accused had sexual intercourse with the victim who was
sleeping and therefore had no chance to defend herself, is there treachery?
 a. Yes, there is treachery because rape is now a crime against person and
no longer crime against chastity.
b. Yes, because the victim was a woman.
c. No, because deep sleep is not a defense.
d. No, because in treachery the victim must be fully awake.
e. Yes, because the crime was committed at nighttime.
30. Generally there are punishable only when they have been consummated,
with the exemption of those crimes committed against persons or property.
a. Light felonies
b. Less grave felonies
c. Grave felonies
d. All of these
e. None of these