Criminal law and Jurisprudence

ARIEL C. MANLUSOC
Registered Criminologist
BS. Crim., M.A. Crim., Ph. D. Crim., Llb,
Criminal Law Boo k 1
1. Is that branch of municipal or public law which defines crimes, treats of their nature and provides for their punishment?
a. civil law b. procedural law c. criminal law d. substantive law
2. The following are sources of criminal law, EXCEPT:
a. Act 3815 b. City and municipal ordinance c. Special penal laws d. constitution
Act 3815 = otherwise known as the Revised Penal Code and the primary source of criminal law in the Philippines.
Special Penal laws = refers to Act. No. BP, RA , which are penal in nature.
Executive Fiat = Presidential decree (P.D.), Executive Order (E.O.)
3. The Revised Penal Code serves as the primary source of criminal laws in the Philippines. It took effect on?
a. January 1, 1923 c. December 8, 1930
b. January 1, 1932 d. January 1, 1933
December 8, 1930 = dated of approval of the RPC.
4. The following are characteristics of classical theory of criminal law, EXCEPT:
a. the basis of criminal liability is human free will and the purpose of the penalty is retribution.
b. Man is essentially a moral creature with an absolutely free will to choose between good and evil, thereby placing
more stress upon the effect or result of the felonious act than the man;
c. there is scant regard to the human element.
d. That man is subdued occasionally by strange and morbid phenomenon which constrains him to do
wrong, in spite of or contrary to his volition.
THEORIES IN CRIMINAL LAW
A. Classical Theory
= the basis of criminal liability is human free will and the purpose of the penalty is retribution.
= endeavored to establish a mechanical and direct proportion between crime and penalty, and there is scant regard to the
human element.
= RPC is generally governed by this theory.
B. Positivist Theory
= basis of criminal liability is the sum of the social, natural and economic phenomena to which the actor is exposed wherein
prevention and correction are the purposes of penalty.
---This theory is exemplified in the provisions regarding impossible crimes and habitual delinquency.
C. Eclectic or Mixed Theory
= combination of positivist and classical thinking wherein crimes that are economic and social in nature should be dealt in a
positive manner, thus, the law is more compassionate.
5. Acts or omissions punishable by law are crimes. What are acts committed or omitted in violations of special laws?
a. felony b. offense c. misdemeanor d. infraction of law
Crimes = punishable by Criminal law. Infraction of law = punishable by City/Municipal Ordinance.
Felony = punishable by RPC Offense = punishable by Special Penal Laws.
Delinquency = violation of social norms.
6. Basically, there are three fundamental characteristics of criminal law. What characteristics of criminal law states that
criminal law is binding on all persons who live or sojourn in the Philippines?
a. Generality b. Territoriality c. Prospective d. Retroactive
Territoriality = criminal law is applicable within the Philippine Territory with the exceptions of those mentioned in Art. 2,
RPC and those subject of treaty and Public international Law.
Prospectively = The law shall be applicable to those act which are committed at the time of the effectively of the law and
not before. Except when otherwise provided by the law, when it is favorable to an accused who is not habitual delinquent.
Territory - It is the fixed portion of the surface of the earth inhabited by the people of the state.
Terrestrial Domain = the Land Mass.
Maritime and Fluvial Domain =the Inland and External waters.
Territorial Sea/ Contiguous Zone extends to
12 Nautical Miles
Exclusive Economic Zone (EEZ) = 200 N.M.
Aerial Domain = Air Space above the land and waters.
a. Those who committed an offense while on a Philippine ship or airship even when outside the Philippine territory.
b. Those who forged or counterfeited any coin or currency note of the Philippines or obligations and securities issued by the
Government (Art 163, 166, RPC);
c. Those who introduced into the country obligations and securities mentioned in item b;
d. Those who while being a public officers or employees, committed an offense in the exercise of their functions;
e. Those who committed any of the crimes against national security and the law of nations defined in title one of Book two of
the RPC)
7. The following are the exemption to the rule of Generality, EXCEPT:
a. Those who are subject of treaty stipulation
b. Those who are immune under the law of preferential application
c. Those who are exempted under Public International law
d. President, Prime minister and Ambassador.
8. Mr. A committed loitering within the vicinity of Isetan Recto on January 12, 2009. June 12, 2009, a city ordinance was
passed punishing loitering within the vicinity of Isetan Recto. Can A be held liable for his act of loitering?
a. Yes, for there is a law passed punishing it
b. Yes under the principle of retroactive effect of criminal law
c. No, for the act was done prior to the effectivity of the law.
d. No, for A did not loiter again.
9. Under what characteristics of criminal law the above circumstance falls?
a. Generality b. Territoriality c. Prospective d. Retroactive
10. What legal maxims support the above scenario?
a. Pro reo c. Actus non facit reum , nisi mens sit rea
b. Nullum crimen nulla poena sine lege d. actus me invito factus non est meus actus
“Nullum crimen nulla poena sine lege” – meaning there is no crime when there is no law punishing such act.
“Actus me invitus factus non est meus actus” -- “An act done by me against my will is not my act”
While ignorance of the law excuses no one (ignorantia lege neminem excusat), a mistake of fact excuses the actor from
liability (ignoranti facti excusat).
11. Which of the following legal maxim means "the act cannot be criminal unless the mind is criminal".
a. Pro reo c. Actus non facit reum , nisi mens sit rea
b. Nullum crimen nulla poena sine lege d. actus me invito factus non est meus actus
“Non facit reum nisi mens sit rea” (an act does not make the doer guilty, unless the mind is guilty.)
“Dura Lex Sed Lex” (The law is hard, but it is the law.)
“El que es causa dela causa es causa del mal causado” (He who is the cause of the cause is the cause of the evil
cause.)
“Mens rea” ( Evil intent)
12. A legislative act that inflicts punishment without trial, its essence being the substitution of legislative fiat for a judicial
determination of guilt.
a. Ex post facto law b. Bill of attainder c. Retroactive law d. Prospective
Bill of attainder = a legislative act that inflicts punishment without trial. Its essence being the substitution of legislative fiat
for a judicial determination of guilt.
13. The following persons are exempt from criminal liability under the principle of public international law, EXCEPT:
a. Heads of states c. ambassador
b. ministers of plenipotentiary d. charges d affaires e. None
R.A.75 = provides for persons exempt from arrest & imprisonment.
Consuls and vice consuls are not given immunity.
14. Crimes committed within the territorial water of another country can either be triable in that country or on the country
where the vessel is registered. What rule provides that a crime committed on board vessel shall be NOT tried in the court of
the country having territorial jurisdiction, unless their commission affects the peace and security of the territory or the safety
of the state is endangered.
a. French rule b. American Rule c. Spanish Rule d. English Rule
French rule = prioritizes Nationality/Flag
English rule = prioritizes Territory
Crimes committed aboard a vessel within the territorial waters of a country are:
French Rule: (Flag or Nationality) NOT triable in the courts of said country, EXCEPT: When their commission affects the
peace and security of the territory or when the safety of the state is endangered.
English Rule: (Situs of the crime/ Territory) triable in the court of such country, EXCEPT: when the crimes merely affects
things within the vessel or when they only refer to the internal management thereof.

Foreign Warships
The nationality of such warship determines the applicable penal laws to crimes committed therein, as they are
considered to be an extension of the territory of the country to which they belong. Thus, their respective national law shall
apply to such vessel whenever they may be found.
15. Any bodily movement tending to produce some effect in the external world.
a. act b. omission c. dolo d. culpa
Act = things perform/done.(killing, stealing, causing injuries etc)
Omission = failure to perform an obligation/duty.
(non-payment of taxes, abandonment of a seriously injured person in an uninhabited place, etc.)
16. Felonies are committed either by Dolo or ______?
a. Deceit b. Fault c. Culpa d. Intent
Dolo or deceit (IFI) Culpa or fault (FIN) (Negligence/Imprudence)Lack of foresight/ Lack of skills
Intelligence Intelligence
Freedom Freedom
Intent Negligence
1. Freedom = voluntariness on the part of the person to commit the act or omission. When a man acts without freedom, he
is no longer a human being but a tool.
2. Intelligence = capacity to know and understand the consequence of one’s act. Without this power, necessary to
determine the morality of human acts no crime can exist.
3. Intent (Criminal) = the purpose is to use a particular means to effect such result. Intent to commit an act with malice
being purely a mental process is presumed. Such presumption arises from the proof of commission of an unlawful act. A
mental Process, hence its existence is shown by overt acts.
Negligence = indicates deficiency of perception; failure to pay proper attention and to use diligence in foreseeing the injury
or damage impending to be caused. Usually involves lack of foresight.
Imprudence = indicates deficiency of action: failure to take the necessary precautions to avoid injury to person or damages
to property. Usually involves lack of skill.
17. Things which are wrongful in their nature.
a. evil b. mala in ce c. mala in se d. mala prohibita
Mala in Se vs. Mala Prohibita
Mala in se = wrongful from its nature, so serious in their effect to the society. Intent is an essential elements and good faith
an be a defense. Generally governed by the RPC.
Mala Prohibita = violation of mere rules of convenience design to secure a more orderly regulation. Intent in not important
and good faith is not a defense. Prohibited by special law.
18. The moving power which impels one to action for a definite result.
a. intent b. motive c. deceit d. fault
Motive vs. Intent
Motive is the moving power which impels one to action for a definite result.
Intent is the purpose to use a particular means to effect such result.
Motive is not an element of a crime and need not be proved. Intent is an element and must be proved.
Art. 4. Criminal liability. — Criminal liability shall be incurred:
1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended.
2. By any person performing an act which would be an offense against persons or property, were it not for the inherent
impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means. (Impossible Crime)
19. The following are crime committed by mistakes which does not operate as an Exemption/justification, EXCEPT:
a. Aberratio Ictus b. Error in Personae c. Preater Intentionem d. Mistake of Fact
Aberratio Ictus = mistake in the blow.
Preater Intentionem = the result be different from what is intended.
Error in Personae = mistake in identity.
Mistake of Fact = mistake of fact. Ignorantia facti excusat
20. That cause, which, in the natural and continuous sequence, unbroken by any efficient intervening cause, produces the
injury without which the result would not have occurred.
a. Proximate cause c. Intervening cause
b. Immediate cause d. Probable cause
Efficient intervening cause- are those that break the relation of cause and effect.
The felony committed is not the proximate cause of the resulting injury when: (1) there is an active force that intervened
between the felony committed and the resulting injury; (2) the resulting injury is due to the intentional act of the accused
21.Death is presumed to be the natural consequence of physical injuries inflicted in the following, EXCEPT
a. The victim at the time the physical injuries were inflicted was in normal health.
b. The death may be expected from the physical injuries inflicted
c. Death ensued within a reasonable time.
d. The resulting injury is due to the intentional act of the victim
22. The following are elements of Impossible crime, EXCEPT:
a. That the act performed would be an offense against persons or property.
b. That the act was done with evil intent
c. That its accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual
d. That the act does not constitute a crime of negligence or imprudence.
23. X tried to kill Y by putting in his food a substance which he thought was an arsenic (poison) when in fact it was just a
sugar. Y was not killed as a consequence.
a. Mistake in the blow c. preater intentionem
b. No crime committed d. impossible crime
Penalty for impossible crime (Art 59, RPC)
= Arresto mayor and a fine ranging from 200 to 500 pesos.
The purpose of the law in punishing impossible crime is to suppress criminal propensities or tendencies
Legal Impossibility – When the intended act, even if completed would not amount to a crime. E.g. Stealing a property that
turned out to be owned by the stealer.
Physical impossibility – when extraneous circumstances unknown to the actor or beyond his control prevent the
consummation of the intended crime. E.g. When one tries to murder a corpse.
Employment of inadequate means – i.e. small quality of poison which is inadequate to kill a person.
Employment of inefficient means – i.e. accused fired a gun, not knowing that it was empty.
24. Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it
shall:
a. Render the proper decision, and shall report to the Chief Executive, through the Department of Justice.
b. Dismiss the case and shall report to the Chief Executive, through the Department of Justice.
c. Render the proper decision, and shall report to the Chief Justice of the Supreme Court.
d. Dismiss the case and shall report to the Chief Justice of the Supreme Court.
25. This takes place when the offender commences that commission of a felony by overt acts, and does not perform all the
acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous
desistance.
a. Consummated b. Frustrated c. Attempted d. Impossible crime
26. A with intent to kill, fired a gun towards B, hitting B at his shoulder. B was able to run away and survived the injury. What
crime is committed by A?
a. Physical Injury c. Attempted homicide
b. Frustrated homicide d. Less serious physical Injury
27. The following are the elements of frustrated felonies, EXCEPT:
a. The offender performs all the acts of execution
b. All the acts performed would produce the felony as a consequence but the felony is not produced.
c. By reason of causes independent of the will of the perpetrator.
d. Due to some cause or accident other done his own spontaneous desistance.
Crimes without frustrated: Rape, Indirect Bribery, Corruption of Public officer, Adultery, Physical Injury,Theft,
28. Mrs Lucila with intent to kill puts poison on the coffee of her husband Mr. William Herschel, when Mr. was at the stage
of convulsion, Mrs Lucila had a change of heart and administer an antidote causing Mr. William to survive but left in
comatose. What was committed by Mrs. Lucila?
a. frustrated parricide c. serious physical injury
b. attempted parricide d. less serious physical injury
29. Is that portion of the acts constituting the crime, starting from the point where the offender begins the commission of the
crime to that point where he has still control over his acts including their (acts) natural course
a. Subjective Phase b. Objective Phase c. Internal Act d. Act of Execution
Internal Acts = such as mere ideas in the mind of person. (not punishable).
External Acts, covers:
Preparatory act = ordinarily not punished except when considered by law as independent crimes (e.g. Art 304, Possession
of picklock and similar tools as preparatory acts to an intended robbery).
Acts of Execution = punishable under the RPC
Subjective Phase = that portion of the acts constituting the crime, starting from the point where the offender begins the
commission of the crime to that point where he has still control over his acts including their (acts) natural course.
Objective Phase = is the result of the acts of the execution, that is, the accomplishment of the crime
30. Which of the following is NOT a Factor in determining stage of execution of felony
a. Nature of the offense; c. Manner of committing the felony.
b. Elements constituting the felony; and d. Intent in committing the crime.
31. Light felonies as a general rule should only be punishable when consummated, EXCEPT:
a. On crimes against persons and chastity. c. On crimes against person and property.
b. On crimes against property and chastity. d. On crimes against chastity and honor.
32. It exist when exists when two or more persons come to an agreement concerning the commission of a felony and decide
to commit it.
a. Proposal to commit a crime c. Conspiracy and proposal to commit a crime
b. Conspiracy to commit a crime d. Instigation to commit a crime.
33. A, B and C and five unarmed men conspired to rob the Banco De Oro. While having their meeting at their safe-house, a
group of PNP personnel arrested them. What crime was committed by A, B, and C?
a. Illegal Assembly c. Conspiracy to commit robbery
b. Attempted Robbery d. No crime
Cases where mere conspiracy is already punishable:
1. Conspiracy to commit treason (Art.115);
2. Conspiracy to commit rebellion or insurrection (Art. 136);
3. Conspiracy to commit sedition (Art. 141);
4. Conspiracy in restraint of trade or commerce (Art. 186)
5. Conspiracy to commit terrorism under RA 9372
6. Conspiracy to commit arson under PD 1602.
Cases where mere proposal is already punishable:
1. Proposal to commit treason (Art. 115);
2. Proposal to commit rebellion or insurrection (Art. 136).
“Act of One is Act of All.”
34. A, B and C conspired to rob the Philippine National Bank in their secret safe house. While they are planning how to
commit the crime, operatives of the NBI barged in and arrested the group.
What crime was committed by A, B and C?
A. No crime was committed
B. Under the facts no crime was committed as mere conspiracy to commit a crime is not punishable
C. Attempted robbery
D. Frustrated robbery
35. Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are:
a. light b. correctional c. afflictive d. reflective
Capital Offense – punishable by death
Grave Felonies –
Less Grave Felonies = crimes punishable by correctional penalty.
Light felonies = those infraction of law or which is punishable by arresto menor or a fine not exceeding 200 pesos or
both.
36. In case of crimes which are latter subject of special penal laws, what rule of interpretation shall be applied?
a. The RPC shall be observed.
b. The RPC shall prevails over special laws.
c. The RPC will be supplementary to special law.
d. The Special law shall be supplementary to the RPC.
37. It is the quality by which an act may be ascribed to a person as its author or owner. It implies that the act committed has
been freely and consciously done and may therefore be put down to the doer as his very own.
a. Guilt b. Liability c. Responsibility d. Imputability
Responsibility = the obligation of suffering the consequences of crime.
Guilt = an element of responsibility, for a man cannot be made to answer for the consequences of a crime unless he is
guilty.
38. Refers to crimes consummated in one instant or by a single act.
a. formal crimes b. informal crimes c. formal felonies d. informal felonies
Formal Crimes = those which does not have attempted or frustrated stage.
Material Crimes = crimes which admits of the three stages in crime commission.
39. Acts of a person which are said to be in accordance with the law, so that such person is deemed not to have
transgressed the law and is free from both criminal and civil liability.
a. justifying circumstances c. mitigating circumstances
b. exempting circumstances d. aggravating circumstances
40. The following circumstances excepts the person from both criminal and civil liability, EXCEPT.
a. Self -Defense, Defense of Stranger and Defense of Relatives.
b. Fulfillment of a duty or in the lawful exercise of a right or office.
c. Obedience to an order issued by a superior for some lawful purpose.
d. Avoidance of Greater evil or injury.
e. None of these
41. The following are the requisites for self defense, EXCEPT
a. Unlawful aggression.
b. Reasonable necessity of the means employed to prevent or repel it.
c. Lack of sufficient provocation on the part of the person defending himself.
d. Lack of intent on the part of the person defending himself.
42. Those grounds which makes the person not imputable for the offense since there is a wanting in the agent of the crime
of the conditions which make the act voluntary or negligent.
a. Justifying b. Mitigating c. Exempting d. Aggravating
43. Charles Darwin, a 15 year old child, took the cellphone of Ms. Isabela Bernales. Charles Darwin is ____.
a. Liable for the crime of theft. c. Not liable for the crime of theft
b. Liable for the crime of robbery. d. Not liable for the crime of robbery.
44. The following circumstances exempt a person from criminal liability though there is civil liability considering that there is
crime committed, EXCEPT:
a. Minority c. Accident
b. Imbecility /Insanity d. Acting under compulsion of an irresistible force.
e. Acting under the impulse of an uncontrollable fear of an equal or greater injury.

Imbecile- One who is old but has a mental development similar to children between the ages 2-7 years.
 Insanity- one which exists when there is a complete deprivation of intelligence in committing the criminal act, that is the
accused is deprived of reason and acts without the least discernment.
The condition known as dementia praecox is covered by the term insanity. So as Epilepsy may be covered by the term
insanity. However, that Kleptomania is also covered is still a debatable proposition. Somnambulism may be a cause for
exemption for lack of criminal intent.
38. The following are exempted from criminal liability, EXCEPT:
a. Children 15 years of age below
b. children over 15 but under 18 who acted without discernment
c. Insane persons or an Imbecile persons
d. Children over 15 but under 18 who acted with discernment.
39. Who among the following incurs full responsibility upon commission of a crime?
a. Those 15 years of age and below. c. Those who are 18 years of age and above.
b. Those who are over 15 but under 18 years of age. d. Those who are 18 years of age.
15 below = age of full irresponsibility. Subject to Intervention Program
Over 15 under 18 = age of conditional responsibility.
Without discernment = not liable subject to Intervention Program
With discernment = can be held liable but subject to diversion program,.
Discernment = mental capacity to fully appreciate the consequences of an unlawful act.
It may be shown by: (1) The manner the crime was committed; or (2) the conduct of the offender after its
commission.
18 yrs old = age of majority (legal age– R.A. 6809)
18 yrs old to 70= age of full responsibility.
40. Are those where the act committed is a crime but for reasons of public policy and sentiment, there is no penalty
imposed.
a. Justifying circumstances c. Absolutory cause
b. Mitigating Circumstances d. Exempting circumstances
PEOPLE OF THE PHILIPPINES vs. MARIVIC GENOSA 419 SCRA 542 (BATTERED WOMAN SYNDROME)
Battered Wife- a woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in order
to do something he wants her to do without concern for her rights. It includes wives or woman in any form of intimate
relationship with a man. The couple must go through the battering cycle at least twice.
Cycles of Violence in BWS
1. Tension Building Stage- where minor battering occurs
2. Acute Battering Incident- characterized by brutality, destructiveness and death.
3. Tranquil or loving phase- The batterer shows loving caring nurture to the victim.

40. X was charged before the court. During the pendency of his trial he died. What would be the
effect of his death on the case involved and on his criminal liability?
A. The criminal case will be dismissed and his criminal liability is extinguished.
B. The criminal case will proceed and his criminal liability is not extinguished.
C. The criminal case will be archived to wait for his resurrection.
D. Actually there will be no effect at all because his relatives will be the one to face trial and punished in case of his
conviction.
41. Which of the following operates as an absolutory cause:
a. Spontaneous desistance (Art 6)
b. Accessories who are exempt from criminal liability by reason of relationship (Art 20).
c. Legal spouse or parent who inflicts slight physical injuries under exceptional circumstances (Art 247).
d. Person exempt from criminal liability for theft swindling and malicious mischief by relationship to the offended
party (Art 332).
e. All of these
42. An aggravating circumstances which generally apply to all crimes such as dwelling, nighttime or recidivism.
a. generic b. specific c. qualifying d. inherent
Generic= Those apply to all crimes.
Inherent = Those which comes in the commission of the crime.
Qualifying = Those which change the nature of the crime.
Specific = Those which are applicable to a particular crime.
43. X raped the wife in the presence of the husband, forcing her, using the dog-style position in the sexual act. Rape is
committed aggravated by what circumstances?
a. ignominy b. passion c. cruelty d. craft
Cruelty = adding physical pain. Ignominy = adding moral pain.
44. Is an act of sovereign power granting a general pardon for past offense and is rarely exercised n favor of a single
individual and is usually granted to certain classes of persons usually political offenders, who are subject to trial but not yet
convicted.
 a. Pardon b. Commutation c. Parole d. Amnesty
Pardon = is an executive clemency which wipes the guilt of the convicted person. It is an act of grace proceeding from the
power entrusted with the execution of the laws which exempts the individual on whom it is bestowed from the punishment
the law inflicts for the crime he has committed.
Commutation = is a form of clemency which has the effect of reducing the penalty imposed to a convicted person.
Reprieve = an executive clemency which suspends the execution of sentenced.
Parole = a form of liberty given to a person after serving certain period of his sentenced (usually minimum term) granted by
the Board of Pardon and Parole.
Probation = a form of liberty granted by the court without imprisonment .
45. The law which prohibits the imposition of the death penalty?
a. R.A. 6981 b. P.D. 968 c. R.A. 9346 d. R.A. 4103
R.A. 6981 – Witness Protection, Security and Benefit Program of the DOJ.
R.A. 4103 = Indeterminate Sentence Law.
P.D. 968 = Probation law
46. How do you call an offender who within a period of ten (10) years from the date of his release or last conviction of the
crimes of Serious or Less serious Physical Injuries, Robbery (robo), Theft (hurto),Estafa or falsification is found guilty of any
of the said crimes a third time or offener?
a. Recidivist c. Reiteracion
b. Quasi recidivist d. habitual delinquent
RECIDIVIST- one who at the time of his trial for one crime, shall have been previously convicted by final judgment of
another crime embraced in the same title of the Revised Penal Code.
REITERATION (HABITUALITY) = when the offender has been previously punished for an offense to which the law
attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty (under the
different title).
QUASI RECIDIVIST= any person who shall commit a felony after having been convicted by final judgment, before
beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty
prescribed by law for the new felony (Art 160).
There are four forms of criminal repetition under the Penal Code. They are: a. recidivism, b. reiteration or habituality c.
habitual delinquency and d. quasi recidivism
CRAFT- is a circumstance characterized by trickery or cunning resorted to by the accused, to carry out his design. It is the
use of intellectual trickery and cunning on the part of the accused.
FRAUD- insidious words or machinations used to induce the victim to act in a manner which would enable the offender to
carry out his design.
DISGUISE- it involves the deliberate effort of the accused to conceal his identity in the commission of the crime.
IGNOMINY- is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused
by the crime. It is a circumstance that tends to make the effects of the crime more humiliating, thus adding to the victim’s
moral sufferings.
47. The following circumstances are always mitigated in terms of alternative circumstances, except:
a. Low degree education
b. Intoxication wherein the drunk person has not intended it or not a habitual drunkard.
c. Relationship in crimes against property
d. Relationship in crimes against persons.
48. Refers to persons who take direct part in the execution of a crime:
a. principals b. accessories c. accomplice d. instigators
49. A person who directly induce others to commit a crime is regarded as:
a. principal by direct participation c. principals by indispensable cooperation
b. principal by induction d. instigators
50. The desire or wish in common thing
a. intent b. motive c. conspire d. cooperate
51. A person lends Juan the bolo which was used in the murder of another person is liable as:
a. principal b. accessory c. accomplice d. conspirator
52. Person who aide the felons to hide away evidences or profit from the fruits of the crime are said to be:
a. principal b. accessory c. accomplice d. conspirator
53 The following are considered as afflictive penalties, except:
a. death by lethal injection b. reclusion perpetua c. reclusion temporal d. prison mayor
54. Shall deprive the offender rights of parental authority or guardianship.
a. subsidiary penalty b. penalty c. suspension d. civil interdiction
55. Personal liability to be suffered by the convict who has no property to meet the fine.
a. subsidiary penalty b. suspension c. penalty d. civil interdiction
56. A form of protection rather than a penalty in cases of art 247 of the RPC.
a. subsidiary penalty b. suspension c. Distierro d. civil interdiction
57. In cases wherein the commission of an offense in necessary in the commission of another it is said that the crime is:
 a. formal crime b. informal crime c. compound crime d. complex crime
58. An entire penalty, enumerated in the graduated scale of penalties.
a. degree b. period c. prescription d. duration
59. A sentence of imprisonment for the maximum period defined by law subject to the termination by the parole board at
any time after service of the sentence.
a. suspension b. in determine sentence c. prescription d. period of penalty
60. It is the forfeiture or loss of the right of the state to prosecute the offender for the commission of a crime after a certain
lapse of time.
a. prescription of the crime c. prescription of the penalty
b. degree of the penalty d. period of penalty
61. The crime of libel and other similar offenses shall prescribe in how many years?
a. 15 years b. 1 year c. 10 years d. 5 years
62. Those crime punishable by death, reclusion perpetua and reclusion temporal shall prescribe in:
a. 20 years b. 15 years c. 10 years d. 5 years
63. Those punishable by correctional penalties shall prescribe in how many years?
a. 20 years b. 15 years c. 10 years d. 5 years
64. Light offenses prescribe in:
a. 12 months b. 6 months c. 4 months d. 2 months
MODES OF TOTAL EXTINCTION OF CRIMINAL LIABILITY (Art. 89)
1. By the death of the convict, as to the personal penalties; as to pecuniary liabilities, it is extinguished only when the death
of the offender occurs before final judgment.
2. By service of sentence;
3. By amnesty-an act of the sovereign power granting oblivion or a general pardon for past offense, and is rarely exercised
in favor of a single individual, and is usually exerted in behalf of certain classes of persons who are subject to trail but not
yet convicted.
4. By absolute pardon
5. Prescription of crime- the forfeiture or the loss of the right of the state to prosecute the offender after the lapse of a
certain time.
6. Prescription of Penalty- the loss or forfeiture of the right of the Government to execute the final sentence after the lapse of
a certain time.
7. Marriage of the offended party under Article 344 RPC
MODES OF PARTIAL EXTINCTION OF CRIMINAL LIABILITY
1. By conditional pardon- a contract between the president and the convict the former will release the latter upon
compliance with certain conditions.
2. By commutation of sentence- it is the reduction of the period of imprisonment of the offender or the amount of the fine.
3. For good conduct time allowance- are deductions from the term of the sentence for good behavior of the convicted
prisoner.
4. Parole- consists of the suspension of the sentence of a convict after serving the minimum term of the indeterminate
penalty.
65. A and B had a quarrel . A boxed B. A told B, “ I will kill you this week”. A bought a firearms. On Friday, he waited for B
and shot him but killed C instead. In so far as B is concerned, the crime committed by A is:
a. attempted murder b. frustrated murder c. illegal discharge of firearm d. all of these
66. In so far as C is concerned the crime committed is:
a. frustrated homicide b. murder c. consummated homicide d. none of the above
67. X (as principal) committed the crime of Homicide (consummated) which is punishable by
Reclusion Temporal. He pleaded guilty to the charge at the arraignment. Determine his penalty.
A. Prision mayor (any period) as minimum to Reclusion temporal (minimum period) as the
maximum period of the indeterminate penalty.
B. Prision mayor (minimum) as minimum to Reclusion temporal (any period) as the maximum
period of the indeterminate penalty
C. Reclusion temporal as the minimum period to reclusion perpetua as maximum
D. Prision mayor.
68. X (as principal) committed grave coercion (consummated) punishable by prision correctional.
There was one aggravating circumstance in the commission of the crime let us say “with the aid
of armed men”. Fix his penalty.
A. Arresto mayor (any period) as minimum to Prision correctional (maximum period) as
maximum period of the indeterminate penalty.
B. Arresto mayor (medium period) as minimum to Prision correctional (any period) as
maximum period of the indeterminate penalty.
C. Prision correctional medium to Prison mayor as maximum period
D. None of the above.
Criminal Law Book 2
 Classifications of Felonies in Different Titles
Arts. 114 to 367
1. The following are crimes Against National Security and Law of Nations, EXCEPT.
a. Treason b. Piracy and mutiny c. Espionage d. Rebellion
Espionage = is an offense of gathering, transmitting or losing information respecting the national defense with intent or
reason to believe that the same is to be used to the injury of the Republic of the Philippines or to the advantage of any
foreign nation. (See Sec. 1 of Comm. Act. 616).
Piracy = robbery o forcible deprivation on the high seas, without lawful authority and done with animo furandi and in the
spirit of universal hostility (People vs. Lol-lo, et al, 43 Phil. 19).
Mutiny = unlawful resistance to a superior, or the raising of commotions and disturbances on board a ship against the
authority of its commander. (Bouvier’s Law Dictionary, Vol. 2 p.2283).
2. Breach of allegiance to a government, committed by a person who owes allegiance to it.
a. treason b. espionage c. adherence to the enemy d. rebellion
Ways of Committing Treason:
1. Levying of war = it means: a. there must be an actual assemblage of men. b. for the purpose of forcefully
executing a treasonable design
2. Adherence to enemy (it takes place when one intellectually or emotionally favors the enemy and harbors
sympathies or convictions disloyal to his country’s interest) and Aid and comfort (an act which strengthens the
enemy in the conduct of war against the traitor’s country or weakens the power of the latter to attack or resist the
enemy).
3. The degree of proof required to convict a person accused of treason.
a. substantial evidence c. proof beyond reasonable doubt
b. two witness rule d. Preponderance of evidence
ELEMENTS OF TREASON:
1. The offender is either a Filipino or a resident alien.
2. There is a war which involves the Philippines.
3. The offender either: a. levies war against the government or b. adheres to its enemies, giving them aid or
comfort
Two Ways of Proving Treason:
(1) There must be testimony of two (2) witnesses, at least to the same overt act; (Two Witness Rule)
Or (2) confession of the accused in open court.
4. The following are elements of Piracy, EXCEPT:
a. A vessel is on the high seas or in Philippine waters;
b. The offenders are not members of its complement or passengers of the vessel;
c. That the offender resist to a superior officer
d. The offenders either attack or seize that vessel or seize the whole or part of the cargo of said vessel, its
equipment or personal belongings of its complement or passengers
5. Which of the following does NOT Qualify the crime of Piracy:
a. Whenever the pirates have seized the vessel on the high seas or in Philippine waters.
b. Whenever the pirates have seized a vessel by boarding or firing upon the same.
c. Whenever the pirates have abandoned their victims without means of saving themselves.
d. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape.
6. Otherwise known as the “Anti Piracy and Anti-highway Robbery Law of 1974:
a. Comm. Act. No, 616 b. P.D. 532 c. P.D. 533 d. R.A. 6235
Comm. Act. 616 = An Act to punish Espionage and other similar offenses against National Security.
P.D. 533 = Anti- Catle Rustling Law of 1974.
R.A. 6235 = An Act Prohibiting Certain Acts Inimical to Civil Aviation.
7. PO1 Agresibo, without legal grounds arrested and detained Mr. Suspetsoso and deprived said person of his liberty is
liable for:
a. illegal detention b. arbitrary detention c. Unlawful arrest d. Kidnapping
Classes of Arbitrary Detention:
1. Arbitrary Detention (art 124) =without legal grounds
2. Delay in the delivery of arrested/detained person to the proper judicial authorities (Art 125) = arrest without
warrant and with legal cause but failed to deliver the person within the period of 12 hrs, 18 hrs, and 36 hrs.
3. Delaying Release (Art 126) = delay in the performance of judicial or executive order for the release of a prisoner
or detainer, or of notice or proceeding for the said purpose.
8. The following are legal grounds for the detention of any person, EXCEPT:
a. commission of a crime.
b. escape from prison/penal institution.
c. violent insanity or other ailment requiring the compulsory confinement.
d. a and c only
e. a, b and c
9. The following are acts constitute a crime of delaying release, EXCEPT:
a. Delays the performance of a judicial or executive order for the release of a prisoner.
b. Delays the service of the notice of such order to said prisoner.
c. Delays the proceedings upon any petition for the liberation of such person.
d. Delays the filing of a criminal offense against the detainee to the proper judicial authority.
e. All of these
10. Mr. Robinhood was arrested for illegal possession of firearms which is considered a low power gun. Considering that
such is punishable by correctional penalty, within how many hours should a case be filed to the proper judicial authority?
a. 12 hours b. 18 hours c. 24 hours d. 36 hours
12 hours = crimes which are punishable by light penalties or their equivalent.
18 hours = for crimes punishable by correctional penalties or their equivalent.
36 hours = for crimes punishable by afflictive penalty or capital punishment.
11. It is the unauthorized act of public officer who compels a person to changed his residence or otherwise expels him from
the Philippines.
a. violation of domicile b. arbitrary detention c. trespass to dwelling d. expulsion
12. The following are act constituting Violation of Domicile.
a. Any public officer or employee who enter any dwelling against the will of the owner thereof;
b. Any public officer or employee search any papers or other effects found therein without the previous consent of
the owner;
c. Any public officer or employee refuse to leave the premises, after having surreptitiously entered said dwelling and
after having been required to leave the premises.
d. Any public officer or employee who search domicile without witnesses.
e. All of these
f. a, b and c only
13. As a rule no search of house , room or premise shall be made except in the presence of:
a. The lawful occupants of the premise.
b. Any member of his family.
c. At least two (2) witnesses of sufficient age and discretion residing in the same locality.
d. a and b only
e. Any of a, b, and c
14. SPO1 Masinop having authorized by a search warrant, search the house of Mr. Mando N. Ducot. After having
discovered the item specified in the warrant, SPO1 Masinop took the same and includes the jewelry box filed with jewelry
which is not included in the list of the item to be seized. SPO1 Masinop is:
a. liable for the crime of violation of domicile.
b. Not liable for the crime of violation of domicile.
c. May not be liable for violation of domicile.
d. liable for a crime but not on violation of domicile.
15. The following are crimes against the fundamental law of the State. Which one can be committed by private person?
a. Arbitrary detention c. Violation of Domicile
b. Interruption of religious worship. d. Offending religious feelings.
e. Prohibition, interruption or dissolution of peaceful meetings.
16. The Law which provides Human Security
a. R.A. 9208 b. R.A. 9745 c. R.A. 9372 d. R.A. 7438
R.A. 9208 –Anti-Trafficking in Person Act of 2003
R.A. 9745- Anti- Torture Law of 2009
R.A. 9372- Human Security Act of 2007
R.A. 7438 – Providing certain rights of a person arrested, detained or otherwise under custodial investigation.
17. Any person who committed an act of terrorism shall be punished with an imprisonment of 40 years without the
benefit of parole as stated provided under R.A. 4103 Otherwise known as the Indeterminate Sentence law, as
amended, and shall be detained without warrant for a period not more than?
a. 12 hours c. 36 hours
b. 18 hours d. 3 days
18. Bert de Leon not only confessed his membership with the Sparrow unit but also his participation and that of his Group
in the killing of SPO2 Manalad while the latter was manning the traffic along C.M. Recto Ave, Manila. Under the facts given,
what crime was committed by the former and that of his Group?
a. murder c. rebellion
b. sedition d. Homicide
19. This crime is committed by raising publicly and taking arms against government to completely overthrow and supersede
said existing government.
a. treason c. coup d' etat
b. rebellion d. sedition
 20. A swift attack accompanied by violence, intimidation, stealth, directed against duly constituted authorities, public
utilities, military camps and installation with or without civilian support, for the purpose of diminishing state power.
a. treason c. coup d' etat
b. rebellion d. sedition
21. It is a felony which in its general sense is raising of communications or disturbances in the state outside of the legal
method.
a. treason b. rebellion c. coup d' etat d. sedition
22. A police officer, who arrested a member of congress while going to attend a senate session for a traffic violation is liable
for:
a. crime against popular representation c. violation of parliamentary immunity
b. acts tending to prevent the meeting of the National assembly d. all of the foregoing
Crimes Against Popular Representation are:
1. Acts tending to prevent meeting of the National Assembly and similar bodies (Art 143)
2. Disturbance of proceeding (Art 144)
3. Violation of Parliamentary Immunity (Art 145)
23. The Kilusan ng mga Ungas at Paranoid (KUP) was organized by Mr. Panot allegedly for protecting the poor laborer,
where in fact it was organized to form a group that would rise against the rich businessmen of their city. For what crime can
they be charged?
a. Illegal assembly b. Illegal association c. coup de ‘etat d. rebellion
Illegal assembly is a crime of having an actual meeting or assembly of armed men for the purpose of committing any of the
crime under the Code and the organizer, leaders and the person present at the meeting are liable. While in Illegal
Association it is the act of forming or organizing and the membership in that association which are prohibited and
punished; and founders, directors , president and the members are liable.
24. Any association, organization, political party or group of persons organized for the purpose of overthrowing the
Government of the Republic of the Philippines or for the purpose of removing the allegiance to said government or its law,
the territory of the Phils. Or any part thereof, with the open or covert assistance or support of a foreign power by force
violence, deceit or other illegal means. Is a crime of:
a. Rebellion b. Illegal Association c. Subversive Association or Organization d. illegal Assembly
R.A> 1700 = Anti-Subversion Act
P.D> 885 = Revised Anti-Subversion Law.
25. Mrs Ditas, a Mayor of Caloocon together with engineer Pandac and Councilor Panot were surveying the land occupied
by informal settlers for government projects and for their relocation. The residence opposes with the plan. Mrs. Lourdes, one
of the resident, slapped the face of Mayor Ditas when the latter came near. One of the close escort of the Mayor defend her
but Mrs. Lourdes also slapped him and punch as well. For What crime Mrs. Lourdes can be charged for in relation to Mayor
Ditas?
a. Sedition b. Slander by Deed c. Direct Assault d. Rebellion
What about as regards to the security escort? ---- Indirect Assault.
26. The following Qualifies Direct Assault, EXCEPT:
a. The assault is committed with a weapon
b. The offender is a public officer or employee
c. The offender lays hands upon a person in authority
d. The offender seriously intimidating or resisting a person in authority.
Its should be noted that the assault should be mad without public uprising
27. Any person directly vested with jurisdiction, whether as an individual or as a member of some court or government
corporation, board or commission, shall be deemed _____?
a. Agent of a person in authority c. person in authority
b. Judicial authority d. Public employee
Agent of a person in authority = is one who, by direct provision of law or by election or by appointment by competent
authority, is charged with the maintenance of public order and the protection and security of life and property, such as barrio
vice-lieutenant etc and any person who comes to the aid of a persons in authority (Art 152, as amended by R.A. 1978).
28. It is committed by any person who shall resist or seriously disobey any person in authority, or the agents of such person
, while engaged in the performance of official functions.
a. Direct assault c. Disobedience to summons issued by the National Assembly.
b. Indirect assault d. Resistance and disobedience to a person in authority or the agents of such person.
29. In applying the provisions of Article 148 and 151 of the RPC the following shall be deemed a person in authority while in
the performance of their professional duties as amended by B.P. 873, Approved June 12, 1985, EXCEPT:
a. Teachers b. Lawyers c. Professors d. Barangay Tanod Officer
30. The following are crimes classified as public disorders, EXCEPT.
a. Tumults and other disturbances of public order (Art 153)
b. unlawful use of means of publication and unlawful utterances. (Art 154)
c. Alarms and scandals (Art 155)
d. Delivering prisoners from Jails (Art 156)
 e. None of these
Note: Serious disturbances should not fall under art 131 and 132 and it shall be considered tumults when committed by
more than three persons who are armed or provided with means of violence.
31. Mr Pasaway while under the influence of liquor fired a gun in the air to proclaim to the people that he is celebrating his
birthday. Such act constitutes____?
a. illegal discharge of firearm b. alarm and scandals c. disturbances d. outcry
Acts constituting Alarm and scandals:
1 . Within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosive calculated to cause
alarm or danger;
2. Instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public
tranquility
3. While wandering about at night or while engaged in any nocturnal amusements, shall disturb the public peace; or
4. Who while intoxicated or otherwise, shall cause any disturbance or scandal in public places, as long as article 153 is not
applicable.
The Spanish Text reads: “que produza alarma o peligro” hence the phrase “calculated to cause alarm or danger, should be
replaced with “ which produces alarm and danger”
Charivari- means a medley of discordant voices, a mock serenade of discordant noises made on kettles, horns etc designed
only to annoy.
32. Mrs Maria G., a sister of Mr. Mario G (a sentenced prisoner), gave 20K to the Jail warden to facilitate or allow the
escape of her brother is guilty of what crime?
a. Evasion of service of sentence c. Delivering prisoners from jail
d. Bribery d. Corruption of public official
Three kinds of Evasion of Service of Sentence
1. Evasion of Service of Sentence by escaping during the term of his sentence (Art 157).
2. Evasion of service of sentence on the occasion of disorders (Art 158).
3. Other cases of evasion of service of sentence, by violating the conditions of conditional pardons (Art 159).
It should be noted that these crimes are applicable to person who is a convict by final judgment.
33. The following circumstances qualifies the crime of evasion of service of sentence:
a. By means of unlawful entry (by scaling)
b. By breaking doors, windows, gates, walls, roofs or floors.
c. By using picklocks, false keys, disguise, deceit, violence or intimidation.
d. Through connivance with other convicts or employees of the penal institutions.
e. All of these
34. A convict who shall evade the service of sentence, by leaving the penal institution where he shall have been confined,
on occasion of disorder resulting from a conflagration, earthquake, explosion or similar catastrophe or during a mutiny in
which he has not participated and shall fail to give himself up to the authorities within 48 hours following the issuance of
the proclamation by the Chief Executive announcing the passing of the calamity shall suffer an increase of 1/5 of the time
still remaining but which in no case shall exceed:
a. 1/5 of the remaining period of the original sentence. c. one (1) year
b. 6 months d. 2 years
A deduction of 1/5 as provided by Art 98, RPC once he gave himself up within the above period.
35. Mr. Bandido was convicted for a crime of robbery before serving his sentence or while serving the same he committed a
crime of murder. What condition is said to have occurred?
a. recidivism c. quasi-recidivism
b. reiteration d. habitual delinquency
Quasi-recidivism is a special aggravating circumstances which punishes a person to the maximum period of the penalty
prescribed for the new offense and it cannot be offset by ordinary mitigating circumstances although may still qualify the
person for pardon upon attainment of the age of 70 years.
36. It is committed by giving to a treasury or bank note or any instrument payable to bearer or to order the appearance of a
true and genuine document. It is likewise committed by falsification through erasing, substituting, counterfeiting, or altering
by any means, the figures, letters, words or signs contained therein (Art 169).
a. Falsification of public document c. Falsification
b. Forgery d. Falsification by public officer, employee or notary or ecclesiastical minister.
Forging and falsification are crimes under forgeries.(Chapter one Title four, Book 2, RPC)
37. A person who counterfeits or imitate a traffic police sticker and sell the same shall be liable for a crime of:
a. Estafa through falsification of a public document. c. Falsification of public document
b. Theft through falsification of a public document. d. Forgeries
PRESIDENTIAL DECREE No. 247
PROHIBITING AND PENALIZING DEFACEMENT, MUTILATION, TEARING, BURNING OR DESTRUCTION OF
CENTRAL BANK NOTES AND COINS.
38. This crime is committed by any person without any distinction, by falsely representing himself as an officer and
performing under pretense of official position any act pertaining to such person.
 a. usurpation of authority c. usurpation of official functions
b. estafa d. a and c
R.A. 10 .(Sept. 2, 1946) = punishes usurpation of official position/functions to imprisonment of not less than two years nor
more than ten years.
COMMONWEALTH ACT 142 (As amended by RA 6085)ANTI ALIAS LAW
39. Any other name of a person which publicly applies to himself without authority of the law.
a. alias b. A.K.A c. fictitious names d. true name
40. It is committed by a person, who being under oath are required to testify as to the truth of a certain matter at a hearing
before a competent authority, shall deny the truth or say something contrary to it.
a. forgery b. perjury c. falsification d. false testimony
Forms of False Testimony
1. False Testimony in Criminal Case (Against or Favorable to a defendant – Art 180 and 181)
2. False Testimony in Civil Cases (Art 182)
3. False Testimony in other cases and perjury in solemn affirmation (Art 183)
Offering False Testimony in evidence (Art 184)
Two ways of committing perjury:
1. BY falsely testifying under oath; and
2. By making a false affidavit
(note: falsely testifying under oath should not be in a judicial proceeding).
Crimes classified as Frauds
1. Machinations in public auctions (Art 185)
2. Monopolies and combinations in restraint of trade (Art 186)
3. Importation and disposition of falsely marked articles or merchandise made of gold, silver or other precious metals (Art
187)
4. Substituting and altering trademarks and trade names or service marks (Art 188).
5. Unfair competitions, fraudulent registration of tradename, trademark, or service mark; fraudulent designation of origin and
false descriptions (Art 189).
RA 8293 The Intellectual Property Code of the Philippines
Title Five – Crimes relative to opium and other prohibited drugs (Art 190 to 194 are repealed by R.A. 6425 and R.A.
9165)
Title Six --Crimes Against Public Morals
Art 195 (gambling) to Art 199 as well as P.D. 483 (betting, game fixing or point shaving and machinations in sports
contests) and 449 (cockfighting law), which are inconsistent with P.D. 1602, are repealed.
RA 9287- An Act Increasing the Penalties for Illegal Number Games Amending Certain Provisions of PD 1602 (Latest Law
on Gambling)- included the games of masiao and last two as illegal number games.
41.Consist of acts which are offensive to decency and good customs, which having been committed publicly, have given
rise to public scandal to persons who have witness the same.
a. immoral doctrines c. grave scandal
b. obscene publication and exhibitions d. libel
42. Refers to persons having no apparent means of subsistence but has the physical ability to work and neglects to apply
himself or herself to lawful calling.
a. bum b. vagrant c. prostitute d. destitute
43. It is the improper performance of some acts which should have been lawfully be done.
a. malfeasance c. nonfeasance
b. misfeasance d. dereliction of duty
Malfeasance- the performance of some act which should not be done.
Misfeasance- the improper performance of some act which should have been lawfully be done
Nonfeasance- the omission of some act which ought to be performed.
Public officers = (as used in title Seven of this code) any person who, by direct provision of the law, popular
election or appointment by competent authority, shall take part in the performance of public functions in the Government, or
shall perform in said government or in any of its branches public duties as an employee, agent, or subordinate official, of
any rank or class.
44. It s crime committed by a judge who knowingly issued an unjust order which decides some point or matter but which
however, is not a final decisions of the matter in issue:
a. Knowingly rendering unjust judgment
b. Judgment rendered through negligence
c. Unjust interlocutory order.
d. Malicious delay in the administration of justice.
e. Betrayal of trust by an attorney or solicitor – revelation of secrets
Interlocutory order = is an order issued by the court between the commencement and the end of the a suit or action and
which decides some points or maters, but which however, is not a final decisions of the matter in issue. (Bouvier’s Law
Dictionary)
45. This one is committed by public officers or employees who, in dereliction of the duties of his office, shall maliciously
refrain from instituting prosecution for the punishment of violators of law, or shall tolerate the commission of offenses.
A. Direct bribery C. Qualified bribery
B. Indirect bribery D. Prevaricacion or negligence or tolerance in prosecution of offenses
46. What crime is committed by any public officer or employee who shall agree to perform an act constituting a crime, in
connection with the performance of his official duties, in consideration of any offer, promise, gift or present received by such
officer, personally or through the mediation of another.
A. Direct bribery D. Qualified bribery
B. Indirect bribery C. Prevaricacion or negligence or tolerance in prosecution
Acts Constituting Direct Bribery
1. Agrees to perform, or by performing, in consideration of any offer, promise, gift or present-an act constituting a crime, in
connection with the performance of his official duty.
2. Accepts a gift in consideration of the execution of an act which does not constitute a crime, in connection with the
performance of his official duty.
3. Agreeing to refrain, or by refraining, from doing something which it is his official duty to do so, in consideration of a gift or
promise.
Elements of indirect bribery:
1. The offender is a public officer;
2. Gifts are offered to him by reason of his office;
3. He accepts the gift
47.Any public officer who is entrusted with law enforcement who refrain from arresting or prosecuting an offender who has
committed a crime punishable by reclusion perpetua and/ or death in consideration of any offer, promise, gift or present.
a. bribery b. direct bribery c. qualified bribery d. indirect bribery
48.It is a crime committed by any appointed public official who shall who become interested in any transaction within his
territory, subject to his jurisdiction during his incumbency.
a. Prohibited transaction c. Fraud against public treasury
b. Possession of prohibited interest by a public officer d. Prevaricacion
Public Officer
Experts, arbitrators and private accountants
Guardians and Executor
49. This is committed by an accountable public officer who, shall appropriate, or shall misappropriate or shall consent, or
through abandonment or negligence shall permit another person to take public funds or property.
A. Direct bribery C. Malversation of public funds
B. Technical malversation D. Embezzlement
Crimes of Malversation:
1. Malversation by appropriating, misappropriating or permitting any other person to take public funds or property. (Art 217)
2. Failure of accountable officer to render accounts (Art 218).
3. Failure of a responsible public officer to render accounts before leaving the country (Art 219).
.4. Illegal use of public funds or property (Art 220) – technical malversation.
5. Failure to make delivery of public funds or property (Art 221).
Private persons who may be liable under Arts 217 to 221:
a. Private individuals who, in any capacity whatever, have charge of any national, Prov. Or Mun. funds, revenue or
property.
b. Administrator or depository of funds or property, attached, seized or deposited by public authority, even if such
property belongs to a private individual
50. The following are crimes classified under Infedelity of public officers:
a. Infidelity in the custody of the prisoners (Arts 223 and 224). c. Revelation of secrets (Arts 229 and 230)
b. Infidelity in the custody documents (Arts 226 to 228). d. all of these
Crimes under infidelity in the custody of prisoners:
1. Conniving with or consenting to evasion (Art 223).
2. Evasion through negligence (Art 224)
3. Escape of prisoner under the custody of a person not a public officer (Art 225)
The prisoner herein mentioned is either sentenced or detainee.(fugitive)
51. This is committed by any public officer or employee who shall overdo himself in the correction or handling of a prisoner
or detention prisoner under his charge by the imposition of punishment not authorize by the regulations or inflicting
punishment in a cruel or humiliating manner.
A. Police brutality B. Sadism C. Maltreatment of prisoners D. Physical injuries
52.This is committed by any public officer who shall solicit or make immoral advances to a woman under his custody or to
other women like the wife, daughter, sister or relative within the same degree by affinity of any person in the custody of a
warden or officer.
A. Sexual harassment C. Acts lf lasciviousness
B. Abuses against chastity D. Abuse of authority
Case Situation:
Benny B. Rotsa got married to Ms. Pining Garcia. After 3years from of being husband and wife, they were not
blessed with a child. Benny had an illicit relation with Ms. Malou W. Ang (a neighbor), who gave birth to child (C). Pining
learned about Benny’s relation with Ms. Malou. To cover their illicit relation, Benny intentionally killed his illegitimate infant
at its 72 hours age.
53. For what crime Benny can be charged?
a. homicide b. parricide c. murder d. infanticide
54. What if it is Pining who killed the infant?
55. What if it is the father of Benny who killed the infant?
56. What if the infant is only two (2) days old? What crime is committed by Benny, Pining or the father of Benny?
57.. It is the violent expulsion of a human fetus from the maternal womb of birth which results in death.
a. infanticide b. abortion c. murder d. parricide
58. Takes place whenever a person is killed during a confusion attendant to quarrel among the several persons not
continuing a group and the perpetrators cannot be ascertained.
a. homicide b. murder c. death caused by tumultuous affray d. riots
59. husband punched and kicked his pregnant wife causing the death of their unborn child is guilty of:
a. parricide c. intentional abortion
b. abortion d. unintentional abortion
60. A formal and regular combat previously concerted between two parties in the presence of two or more seconds of lawful
age on each side, who make the selection of arms and fix all other conditions.
a. riot b. duel c. tumultuous affray d. mutilation
61. It is the lopping or clipping off some part of the body, e.g. a woman cutting the penis of a male lover to deprive the latter
of its true.
a. physical injury b. duel c. tumultuous affray d. mutilation
62. What crime is committed by person who assaulted another, causing the latter to be absent from work for two weeks?
a. mutilation c. less serious physical injury
b. serious physical injury d. slight physical injury
63. Committed by a man having a carnal knowledge with a child less than 12 years old.
a. rape b. acts of lasciviousness c. seduction d. adduction
64. A private individual who detains another for the purpose of depriving the latter of his liberty for more than three days is
guilty of:
a. illegal detention c. serious illegal detention
b. arbitrary detention d. slight illegal detention
65. A person who got into a dispute with another, assaulted the latter for the purpose of delivering his victims to the jailer is
guilty of what crime?
a. illegal detention b. illegal arrest c. unlawful arrest d. physical injuries
66. Refers to a crime committed by any person who threatens another with the infliction upon the person, honor or property
of the latter or of his family of any wrong amounting to a crime.
a. grave threat b. light threat c. graver coercion d. light coercion
67. When a threat to commit a wrong not constituting a crime is made by another, what crime is committed?
a. grave threat b. light threat c. graver coercion d. light coercion
68. Any person who by means of violence shall seize anything belonging to his debtor for the purpose of applying the same
to the payment of a debt, is committing.
a. grave threat b. light threat c. graver coercion d. light coercion
69. It is a felony wherein a person compels another by means of force, violence or intimidation to do something against his
will, whether right or wrong.
a. grave threat b. light threat c. grave coercion d. light coercion.
70. It includes human conduct, which although not productive of some physical or material harm would annoy an innocent
person.
a. light threat b. light coercion c. unjust vexation d. graver coercion
71. It is the talking of personal belonging to another, with intent to gain by means of violence against, or intimidations upon
things of any person, or using force upon anything.
a. robbery b. theft c. brigandage d. estafa
72. A genuine key stolen from the owner is considered as a:
a. false key b. hot item c. stolen item d. picklock
73. A stole thing from a locker by means of the key of the owner, what crime was committed?
a. theft c. possession of pick locks
 b. robbery d. possession of false key
74. A crime committed by more than three armed malefactors who form a band for the purpose of committing robbery in the
highway or kidnapping persons for the purpose of extortion or to obtain ransom, or for any other purpose to be attained by
means of force & violence.
a. robbery b. kidnapping c. brigandage d. theft
75. Committed by any person who with intent to gain but without violence or intimidation of persons nor force upon things
shall take personal property of another without latter's consent.
a. robbery b. kidnapping c. brigandage d. theft
76. A housemaid who was caught in the act of carting away the furniture of her employer would be charged of what crime?
a. theft b. robbery c. qualified theft d. estafa
77. Altering the place of a mojon in the lot to insure that the property would be larger when surveyed is a crime of:
a. estafa c. usurpation
b. chattel mortgage d. altering boundaries or landmarks
78. it is the willful damaging of another 's property for the sake of causing damage due to hate, revenge or other evil motive.
a. swindling b. destruction of property c. malicious mischief d. chattel mortgage
79. What crime was committed by a married woman having carnal knowledge with a man not her husband?
a. adultery b. concubinage c. acts of lasciviousness d. seduction
80. A married man who allows his paramour to live in their conjugal dwelling is liable for what crime?
a. adultery b. concubinage c. acts of lasciviousness d. seductio.
81. Lewd acts committed upon person of either sex not amounting to rape by using force or intimidation.
a. adultery b. concubinage c. acts of lasciviousness d. seduction
82. A person who ripped the dress of a woman and placed his penis over the woman's genital organ is liable for what
crime?
a. rape b. seduction c. forcible abduction d. acts of lasciviousness
83. Pedro was able to have carnal knowledge with his girlfriend by promising the latter with marriage, what crime was
committed?
a. seduction c. abduction
b. acts of lasciviousness d. none of the foregoing
84. Alfred directed his employee Luz to deliver several pieces of jewelries to his Mother whom he had misunderstanding.
The latter however, pawned the said jewelries to a pawnshop and misappropriated the same. What would be the proper
offense committed by Luz?
a. Swindling b. theft c. robbery d. malicious mischief
85. Which of the following crimes does not operates as an absolutory cause which could serves as an exemption against
members of the family from criminal liability in crimes against properties.
a. Robbery b. theft c. Malicious mischief d. estafa
Qualified Seduction:
1. That the offended party is a virgin;
2. That she must be over 12 but under 18 years of age;
3. That the offender has sexual intercourse with her;
4. That there is abuse of authority, confidence or relationship on the part of the offender.
Simple Seduction:
1. That she must be over 12 but under 18 years of age;
2. That she must be of good reputation, single or widow;
3. That the offender has sexual intercourse with her;
4. That it is committed by means of deceit.
White Slave Trade = engaging in the business of prostitution , profiting by prostitution, or enlisting the services of women
for the purpose of prostitution.
Forcible Abduction :
1. That the person abducted is a woman;
2. That the abduction is against her will;
3. That the abduction is with lewd design.
Conviction of acts of lasciviousness is not a bar to conviction of forcible abduction.
Attempted rape is absorbed by Forcible Abduction as the former constitute the element of lewd design.
Consented Abduction:
1. That the offended party must be a virgin;
2. That she must be over 12 but under 18 years of age;
3. That the taking away of the offended party must be with her consent after solicitation or cajolery from the offender;
4. That the taking away of the offended party must be with lewd designs.
Crimes Against Chastity where age is immaterial:
1. Acts of lasciviousness against the will of the offended party, or sister or descendants;
2. Qualified seduction of sister or descendants;
3. Forcible abduction.
Criminal procedure
1. It is defined as a method fixed for the apprehension and prosecution of person alleged to have committed a crime.
A. Criminal procedure c. rules of court
B. Criminal jurisprudence d.rulesof procedure
2. It refers to the authority or power to hear and decided cases.
a. Jurisdiction c. Venue
b. Jurisprudence d. territory
3. It refers to the geographical division or territorial limit where the power of the court is exercised and which is jurisdictional
in criminal case.
a. Venue b. Jurisprudence c. jurisdiction d. court
4. It is the authority to hear or try a case for the first instance.
a. Original jurisdiction c. concurrent jurisdiction
b. Exclusive jurisdiction d. appellate jurisdiction
5. It is the sole authority to hear cases to the exclusion of the others.
a. Original jurisdiction c. concurrent jurisdiction
b. Exclusive jurisdiction d. appellate jurisdiction
6. It is the system of criminal procedure which is characterized by secrecy of investigation and the option of the defense
and prosecution to appeal.
a. Inquisatorial b. Mixed c. accusatorial d. fixed
7. It is that system of criminal procedure which is conducted either at the initiative of the public prosecutor or the
offended party and the right to appeal are limited to the defense.
a. Inquisatorial b. Mixed c. accusatorial d. fixed
8. The law expanding the jurisdiction of the MTC, MTCC, MCTC.
a. R.A. 7691 b. R.A. 8493 c. BP 129 d. R.A. 1379
9. In criminal cases, what determine the jurisdiction of court. EXCEPT:
a. Extent of penalty b. Person accused c. territory d. subject matter
10. Sworn statement, subscribed by Offended party, any peace officer of public officer in charged of enforcement of the law
violated filed either to the court or to the office of the prosecutor.
a. Complaint b. Pleadings c. Information d. affidavit
11. Prescription of offense commence to run:
a. Upon discovery of the crime by the offended party or peace officers or their agent.
b. Upon filing of cases in court
c. Upon escape of the accused
d. Upon re-appearance of the accuse
12. The following are cases covered by rules on summary procedure EXCEPT:
a. Where the penalty is six months imprisonment. c. Violation of rental laws
b. Violation of traffic laws d. Where the penalty foes not exceed six (6) months imprisonment.
13. The following offenses cannot be prosecuted de office without a complaint first filed by the offended party, EXCEPT:
a. Rape b. Abduction c. Seduction d. Adultery and Concubinage
14. Complaint or Information shall charge only one offense. This is the rule on:
a. Duplicity of offense b. Complex crime c. compound crime d. continuing crime
15. Complaint and information can be amended as to ______ after plea and during the trial with leave of court and without
causing prejudice to the rights of the accused.
a. form b. substance and form c. substance d. none of these
16. Civil action arising from the offense is deemed instituted with the criminal action unless:
a. offended party waives the civil actions c. institutes the civil action prior to the criminal action
b. reserves the right to instituted it separately d. All of these
17. A petition for suspension of criminal action upon the pendency of a prejudicial question in a civil action may be filed:
a. before the prosecution rests. c. before preliminary investigation
b. before arraignment d. before plea
18. Is that which in a case the resolution of which is a logical antecedent of the issue involved therein, and the cognizance
of which pertains to another tribunal.
a. Prejudicial question c. preliminary investigation
b. inquest proceeding d. custodial investigation
19. Is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime
has been committed and the respondent is probably guilty thereof, and should be held for trial.
a. preliminary investigation c. Prejudicial question
b. inquest proceeding d. custodial investigation
20. Preliminary investigation is conducted on cases punishable by:
a. at least four (4) years, two (2) months and one (1) day.
b. more than four years, two months and one day
 c. less than four years, two months and one day
d. six years, one day and above
21. The following person are authorized to conduct preliminary investigation, EXCEPT:
a. Judges of Metropolitan Trial Court
b. Provincial and city prosecutors and their assistants;
c. Judges of the Municipal Trial Courts and Municipal Circuit Trial courts;
d. National and Regional state prosecutors; and
e. a and c
22. After the filing of the Complaint or Information in court without a preliminary investigation within how many days an
accused person upon knowing the filing of said complaint may ask for preliminary investigation?
a. 5 days b. 15 days c. 10 days d. 30 days
23. Is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.
a. Arrest b. warrant c. jurisdiction d. seizure
24. Validity of the warrant of arrest?
a. no fixed duration b. 30 days c. 20 days d. 10 days
25. Lifetime of search warrant?
a. 10 days b. 20 days c. 5 days d. No fixed duration
26. Within how many days upon the date of execution of a warrant of a arrest the person charged with its execution shall
report to the court which issue such warrant when arrest was not been made?
a. 10 days b. 30 days c. 20 days d. 5 days
27. It refers to the ways and means of trapping and capturing the law breakers in the execution of their criminal plan.
a. Instigation b. Investigation c. Entrapment d. Entertainment
28. In flagrante delicto means ______?
a. caught in the act b. instigation c. caught after commission d. entrapment
29. When arrest may be made?
a. At any time of the day and night c. At night time
b. At day time d. from sun dust till dawn
30. In People v. Pinzon under what Constitutional Mandates an arresting officer should inform the person to be arrested of
his rights?
a. Art III Sec. 12 b. Miranda Doctrine c. R.A. 7438 d. Rule 115
31. When making an arrest the arresting officer ____________the warrant of arrest in his possession?
a. Need not have c. may sometime have
b. Should always have d. need to have
32. It refers to the questioning initiated by law enforcement officer after a person has been taken into custody.
a. custodial investigation b. inquest c. interview d. interrogation
33. Under what circumstances arrest can be made even without a warrant?
a. All of these
b. When the crime was committed in the presence of the arresting officer.
c. When the crime was in fact been committed and there is personal knowledge based on probable cause that the person to
be arrest has committed it.
d. When the person to be arrested is an escapees.
34. It is a security given for the temporary release of a person in custody of the law.
a. bail b. parole c. fine d. conditional pardon
35. Trial ________ may proceed in case the accused person failed to appear at the trial without justification and despite due
notice.
a. In absentia b. in flagrante de licto c. on the merits d. none of these
36. When Bail is a matter of right?
a. Before or after conviction by the metropolitan, Municipal or Municipal circuit trial court.
b. upon conviction by the Regional Trial Court.
c. before conviction by the Regional Trial Court.
d. upon preliminary investigation
37. Bail is a matter of right under the constitution. EXCEPT:
a. crime punishable by reclusion perpetua to death
b. Crime punishable by life imprisonment
c. crimes punishable by death
d. crime punishable by reclusion perpetua or life imprisonment when evidence of guilt is strong.
38. When bail is a discretionary?
a. Upon conviction by the RTC not punishable by reclusion perpetua or life imprisonment.
b. Upon conviction by the RTC exceeding 6years but not more than 20 years who is a recidivist.
c. Upon conviction by the RTC exceeding 6years but not more than 20 years when there is undue risk that he may
commit another crime during the pendency of the appeal.
 d. Upon conviction by the RTC exceeding 6years but not more than 20 years who has previously escaped from
legal confinement.
39. Is an offense which, under the existing law at the time of its commission and at the time of the application for admission
to bail may be punished with death.
a. capital offense b. Less grave c. heinous crime d. Grave felony
40. The following are kinds of bail, EXCEPT
a. Property Bond c, Cash Bond
b. Corporate surety bond d. Recognizance e. None of these
41. When the maximum penalty to which the accused may be sentenced is destierro, he shall be released after____ of
preventive imprisonment:
a. 30 days b. 20 days c. 15 days d. 60 days
42. Bail shall automatically be cancelled upon:
a. acquittal of the accused c. execution of the judgment of conviction
b. dismissal do the case d. all of these
43. It is the rule which states that if the inculpatory facts and Circumstances are capable of two or more interpretation, one
which is consistent with the innocence of the accused and the other consistent with his guilt, or they are evenly balanced.
The constitutional presumption of innocence should tilt the scale in favor of the accused and he must be acquitted.
a. Equipoise rule b. Presumption of guilt c. Hornbook doctrine d. due process of law
44. Refers to the counsel provided by the government to assist destitute litigant?
a. Counsel de officio c. counsel de parte
b. Public Attorney’s Office d.National Prosecution Office
45. It is a process directed to a person requiring him to attend and to testify or to bring with him any books or documents
under his control at the trial of an action.
a. subpoena c. subpoena duces tecum
b. subpoena ad testificandum d. warrant of arrest
46. Unless shorter period is provided by special law or Supreme Court circular, the arraignment shall be held within ___
days from the ate the court acquires jurisdiction over the person of the accused.
a. 30 days b. 10 days c. 15 days d. 5 days
47. If An accused person who refuses to plead, a plea of ____ shall be entered.
a. Not guilty b. admission by silence c. guilty d. none
48. When reception of evidence in necessary under the following circumstances:
a. Plea of guilty to lesser offense C. Plea of guilty to non-capital offense.
b. plea of guilty to capital offense. d. all of these
49. When the complaint is vague, the accused may file a motion alleging among others the defect of the complaint or
information and the details desired in order to enable him to properly answer and prepare for trial. This motion is known as:
a. motion for bill of particular c. motion to dismiss
b. motion for clarification d. motion for postponement
50. Upon motion of the proper party, arraignment shall be suspended on the following grounds:
a. The accused appears to be suffering from unsound mental condition.
b. there exist a prejudicial question.
c. A petition for review of the resolution of the prosecutor is pending either at the DOJ or office of the President.
d. All of these
51. A move for the annulment of the criminal charge made by an accused is:
a. Motion to quash b. nolle prosequi c. Motion to dismiss d. bill of particulars
52. It is the loss by the state of the right to prosecute and punish or the termination of the power to prosecute or punish the
offender after the lapse of certain definite period from the commission of the offense.
a. Prescription of crime b. acquisitive c. prescription of penalty d. extinctive
53. It is one of the grounds for motion to quash. It is the danger of being prosecuted for the same offense for the second
time.
a. double jeopardy b. Double trial c. double trouble d. Double dribble
54. Provisional dismissal of offense punishable by imprisonment not exceeding six years or a fine of any amount or both
shall become permanent after _______.
a. one year b. 2 years c. 5 years d. 4 years
55. Within how many days after arraignment and from the date the court acquires jurisdiction over the person of the
accused shall order a pre-trial conference?
a. 30 days b. 15 days c. 20 days d. 60 days
56. How many days is given to an accused person to prepare for trial after a plea of not guilty is entered?
a. 15 days b. 20 days c. 30 days d. 180 days
57. The trial of a case shall commence with ___ days from receipt of the pre-trial order?
a. 30 days b. 15 days c. 20 days d. 60 days
58. This is a mandatory proceeding in criminal cases wherein the court shall set after arraignment of the accused?
a. Plea bargaining b. stipulation of facts c. Pre trial conference d. trial proper
59. The trial court has how many days from the first day of trial to terminate the same?
a. 60 days b. 365 days c. 180 days d. 150 days
60. The trial of a case can be made in absentia except on the following circumstances:
a. at the arraignment and plea.
b. during the trial whenever necessary for identification purposes.
c. at the promulgation of sentence, unless for a light offense.
d. all of these
61. The order of trial is:
a. Prosecution, accused, rebuttal and surrebattal c. Direct, cross, re-cross, re-direct
b. Prosecution. cross, redirect, re cross d. Direct, cross, rebuttal and surrebattal.
62. It is the testimony of a witness taken upon oral question or written interrogatories, in open court, and reduced into
writing and duly authenticated.
a. affidavit b. evidence c. deposition d. testimony
63. Is the person chosen by a child to be present or to accompany him to testify or to attend the trial to provide emotional
support.
a. guardian ad litem b. facilitator c. support person d. interpreter
64. Refers to items such as dolls, puppets, drawings, mannequins or any other appropriate demonstrative device to assist
him in testimony.
a. Testimonial aids c. Emotional security items
b. support item d. none of these
65. It is a type of a question that can be allowed in all stages of examination of a child, if the same will further the interest of
justice.
a. leading questions b. Relevant c. misleading d. narrative
66. The discharge of accused to be state witness operates as ____?
a. suspension b. conviction c. acquittal d. termination
67. Which of the following is a ground for discharge of an accused to be state witness:
a. there is absolute necessity for the testimony of the accused.
b. said accused does not appear to be the most guilty.
c. said accused has not been convicted of a crime involving moral turpitude
d. all of these
68. After the prosecution rest its case, the accused person may move for the dismissal of the case on:
a. on its own initiative after giving the prosecution an opportunity to be heard.
b. Demurrer to evidence
c. motion for reconsideration
d. motion for new trial
69. It is the judicial examination and determination of the issue in an action or proceeding, civil or criminal.
a. pre-trial b. trial c. plea bargaining d. judgment
70. Is the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition of the
proper penalty and civil liability.
a. judgment c. rendition of judgment
b. promulgation of judgment d. conviction
71. It is the degree of proof which does not excluding the possibility of error; produces absolute certain. MOral certainty only
is required.
a. acquittal c. Proof beyond reasonable doubt
b. clear and convincing d. preponderance of evidence
72. It is the finding of not guilty based on merits or that the evidence does not show that t\his guilt is beyond reasonable
doubt.
a. dismissal b. conviction c. acquittal d. judgment
73. Judgment becomes final when?
a. the period for perfecting an appeal lapse.
b. when the sentenced is partially of totally satisfied or served.
c. when the accused waived in writing his right to appeal.
d. When he applied for probation.
e. all of these
74. Which of the following cannot be filed after judgment of conviction becomes final.
a. motion for new trial c. motion to dismiss (demurrer to evidence)
b. Motion for reconsideration d. All of these
75. Which is a ground for new trial?
a. errors of law or irregularities during the trial c. a and b
b. new and material evidence has been discovered. d. none of these
76. Who represents the State in an action for appeal?
a. prosecutor b. Secretary of DOJ c. appellant d. Solicitor General
77. When an appeal shall be taken?
a. within 10 days b. within 30 days c. within 15 days d. within 5 days
78. The party appealing the case shall be called?
a. appellant b. accused c. Appellee d. defendant
79. Property subject of search and seizure, EXCEPT?
a. Subject of the offense c. Used or intended to be used as the means of committing an Offense.
b. Stolen or embezzled and other proceeds or fruits of the offense. d. Firearm.
80. When search must be made?
a. in the day time c. only during sunrise
b. any time of the day and night d. in the presence of two witnesses
81. In a criminal case, the People of the Philippines is the ____?
a. Plaintiff b. offended party c. defendant d. respondent
82. A complaint or information have the same legal content, however, they differ as to who subscribe to it, who subscribe
and information?
a. Accused b. Prosecutor c. Witness d. Victim
83. Pursuant to section 2 of Rule 112 of the Rules of Court, the following officers are authorized to conduct preliminary
investigation except?
a. Provincial and City Prosecutor c. Regional State Prosecutor
b. Judge MTC/MCTC d. Public Attorney's Office
e. b and d
84. A Special Law which defines certain rights of accused, detained or under custodial investigation as well as duties of the
arresting, detailing and investigating officer.
a. R.A.7438 b. R.A.7348 c. R.A.7834 d. R.A.3478
85. Under the Rule 115 of the Rules of Court, an accused cannot be compelled to be a witness against himself. This
principle also known as:
a. rights against illegal arrest c. the right to presume innocent
b. rights against self-incrimination d. right to live
86. Under the Rules on Summary Procedures, the following pleading are prohibited except:
a. motion to quash c. bill of particular
b. answer d. demurred to evidence
87. In preliminary investigation, the respondent may submit the following except:
a. counter-affidavit c. witness affidavit
b. motion to dismiss d. supporting evidence
88. The following cases committed by public official with salary grade 27 and above fall under the exclusive jurisdiction of
the Sandiganbayan, Except.
a. Crimes committed in violation of Act 3019, R.A. 1379 and section 2, chapter 2, title VII , Book two of the RPC
b. civil and criminal cases filed pursuant to and in connection with executive order nos. 1, 2, 14 and 14-A.
c. Crimes committed by public official in relation to their office
d. None of these
89. It is the law which classifies rape from crime against chastity to crimes against person, making crime prosecutable even
without a complaint filed by the offended party?
a. R.A. 8353 b. R.A. 9283 c. R.A. 8493 d. R.A. 7055
90. Civil liability arising from the offense charged is deemed instituted upon the filing of criminal action in court as provided
by Rule 111 of the Rules of Court. In what instances can a civil action for recovery of civil liability can be separated?
a. When the offended party waives the civil action;
b. When the offended party reserves his right to institute the civil action;
c. When the institution of the civil action is made prior to the criminal action.
d. all of these
91. What is the effect of death of the accused in civil actions?
a. It extinguish the civil liability arising from delict.
b. Independent civil action instituted may be continued against the estate or legal representative of the accused.
c. If the accused dies before arraignment, the case shall be dismissed without prejudice to any civil action the
offended party may file against the estate of the deceased.
d. all of these
92. Pursuant to Rule 114 of the Rules of Court, a detainee may be release on bail in the following manner, except:
a. property bond c. performance bond
b. corporate surety d. recognized
93. Demurrer to evidence may be filed by a party to a case
a. after arraignment c. after trial
b. after the defense has rested its case

d. after the prosecution had rested its case

94. The accused may questioned the legality of his arrest _____ otherwise the said accused could no longer questioned the
same and that the arrest is presumed by the court as valid.
a. before arraignment c. before preliminary investigation
b. before conviction d. before trial
95. The following are the matters to be taken up in pre-trial conference except:
a. examination of witnesses
b. marking of evidence
c. plea bargaining
d. stipulation & simplification of issues
96. The reservation of the right to institute separate civil action shall be made:
a. before arraignment
b. before the pre-trial conference
c. before the prosecution rest its case
d. before the prosecution presents evidence
97. Amendment without leave of curt before the accused pleads is allowed by the Rules of Court under the following
instances EXCEPT:
a. amendment as to substance
b. amendment as to form
c. amendment that reflect typographical error
d. amendments the downgrades the nature of the crime
98. One of the requisites in order that one of the accused nay be discharge in order to be state witness is that
a. Said accused does not appear to be the most guilt
b. Said accused does not appear to be lease guilty
c. Said accused must not appear to be guilty
d. Said accused must appear to be innocent as char
1. The prosecution of offenses shall be commended by filing a complaint or information
A. partly true B. Partly false c. true d. false
2. The jurisdiction of the courts in criminal cases is determined by the extent of the penalty which the law imposes for the
offense charged in the complaint.
a. Absolutely true b. Partly true c. partly false d. absolutely false
3. P.D. 1508 is repealed by the Local Government Code of 1991. Under the said code, the Lupon of each barangay shall
have authority to bring together the parties actually residing in the same city or municipality for amicable settlement where
the offense committed is punishable by imprisonment exceeding one (1) year. This is statement:
a. Absolutely true c b. Partly true c. absolutely false d. Partly false
4. All criminal action shall be prosecuted under the direction and control of the fiscal. This statement is ____?
a. Wholly false c. partly false
b. wholly true d. partly true
5. Generally, even if the offended party were a minor, she can initiate the prosecution for the crime of seduction. This
statement is:
a. Wholly true c. partly true
b. Wholly false d. partly false
6. After the accused entered his plae, the complaint or information may still be amended in substance without leave of court.
This statement is:
a. Wholly true c. partly true
b. Wholly false d. partly false
7. Criminal action may still be filed even if there is final judgment absolving the defendant in a civil action. This statement is:
a. Wholly true c. partly true
b. Wholly false d. partly false
8. It is imperative that the officer makes himself known to the person to be arrested. This statement is:
a. Wholly true c. partly true
b. Wholly false d. partly false
9.. The following statement are false, EXCEPT:
a. the accused may enter his plea by counsel
b. The accused must personally enter his plea
c. the accused may excuse/waive arraignment D. The accused may be arraigned in a court other than where the
case is assigned.
10. In Metropolitan Trial Courts, the complaint is filed with the :
a. Office of the President c. Office of the Clerk of Court
b. Office of the Prosecutor d. Office of the Ombudsman
11. Criminal case where the penalty prescribed by law for the offense charged does not exceed six months falls under the
rule on:
a. regular procedure c. summary procedure
 b. criminal procedure d. civil procedure
12. In general, the formal requisites of a complaint or information are the following , EXCEPT.
a. It must be in writing
b. It must be in the name of the People of the Phils.
c. It must be filed with the Prosecutor’s Office
D. It must be filed in court.
13. The offended spouse should be the one to file the complaint in the crimes of:
a. Bigamy c. adultery and concubinage
b. Rape d. act of lasciviousness
14. A certain husband dies before he could institute the criminal action for adultery against his wife and the paramour. The
case may:
a. No longer be prosecuted c. Still be prosecuted
b. Be prosecuted by the husband’s parents d. Be prosecuted by the State
15. The right of the State to initiate criminal actions in behalf of incapacitated individual with no known parents,
grandparents or guardian is known as:
a. Doctrine of parens patriae c. police power
b. Doctrine of non-suability d. habeas corpus
16. The modes of making an arrest are:
a. by an actual restraint of the person to be arrested
b. By his submission to the custody of the person making the arrest.
c. By using unreasonable force.
d. A and b only
e. A and c only

PART IV EVIDENCE
1. It is the means, sanctioned by these rules of ascertaining in a judicial preceding the truth respecting a matter of fact?
a. Evidence b. Facts c. Proof d. Burden of proof
2. It is the ultimate facts or the facts in issue or to be proved. It is the essential facts constituting the plaintiff’s cause of
action?
a. Fctum probandum b. Evidence c. factum probans d. proof
3. The rules of evidence shall be________________, except as otherwise provided by law or these rules.
a. the same in all courts and in all trials and hearings
b. not the same in all courts and in all trials and hearings
c. dependent on the type of case involved
d. absolutely the same in all courts and in all trials and hearings
4. Relevancy is one of the requisites for admissibility of evidence which means that evidence must have such relation to the
fact in issue as to induce belief in its existence or non-existence. The other requisite is ____________?
a. That is should not be excluded for by law. c. That it is credible
b. That it is material to the facts in issue d. That it is the best evidence
5. Evidence must be relevant in order to be admissible hence, collateral matters are not allowed. Except:
a. When it tends in any reasonable degree to establish the probability or improbability of the fact in issue.
b. When it is competent
c. When it is credible
d. When it has the ability to prove the facts in issue based on other related evidence.
6. Any evidence which is obtained in violation of any rights of a person will not be admissible in court. This is anchored on
what requisites of admissibility?
a. materiality b. relevancy c. competency d. credibility
7. It is that quality of evidence which tends to influence the trier of facts because of its logical connection with the issue.
Evidence which has an effective influence or bearing to the question?
a. material b. competent c. relevant d. credible
8. Evidence which the witness states that he did not see or know of the factual occurrences what kind of evidence?
a. negative b. affirmative c. positive d. alibi
9. An additional evidence of different kind tending to prove the same facts in issue. Evidence which are supplementary to
that already given and tending to strengthen or confirm it.
a. Corroborative b. Associative c. Commulative d. Credible
11. Is the one required to prove a criminal case. It refers to the logical and inevitable result of the evidence on record,
exclusive of any other consideration, of the moral certainty of the guilt of the accused or that degree of proof which produces
conviction in an unprejudiced mind.
a. Proof beyond reasonable doubt c. Preponderance of evidence
b. Clear and Convincing Evidence d. Substantial evidence
12. It is that proof which, if unexplained or uncontradicted, is sufficient to sustain the proposition it supports or to establish
the facts, or to counterbalance the presumptions of innocence to warrant a conviction.
 a. Prima-facie evidence c. Rebuttal evidence
b. Preponderance of evidence d. Sur-rebuttal evidence
13. Court shall take judicial notice, without the introduction of evidence of the following, EXCEPT:
a. Matters of Public Knowledge c. The measure of time
b. Law of nation d. Law of nature
14. Court may take judicial notice of the following in exercise of its discretion, EXCEPT.
a.The geographical divisions
b. Matter which are of public knowledge;
c. Matters capable of unquestionable demonstration; or
d. Matter ought to be known to judges because of their judicial functions.
15. Matters of judicial notice have three material requisites. These requisites are:
a. The matter must be one of common and general knowledge.
b. It must be well and authoritatively settled and not doubtful or uncertain
c. It must be known to be within the limits of the jurisdiction of the court.
d. All of these
16. When can proper court, on its own initiative or on request of a party, may take judicial notice of any matter and allow the
parties to be heard thereon if such matter is decisive of a material issue in the case?
a. After the trial c. on appeal
b. before judgment d. All of these
17. Self incriminatory statement falling short of an acknowledgement of guilt made by a party in the course of the
proceeding in the same case which does not require proof.
a. Admission c. self serving statement
b. declaration against interest d. confession
18. Evidence that is directly addressed to the senses of the court.
a. Real or Object b. Testimonial c. Documentary d. Direct
19. When the subject of inquiry is the contents of a document no evidence shall be admissible other than the original
documents itself. This refers to the _____.
a. Best Evidence Rule c. Secondary Evidence Rule
b. Parole Evidence Rule d. Best Evidence
20. What are the exemptions to the best evidence rule:
(a). When the original has been lost or destroyed or under cannot be produced in court, without bad faith on the part
of the offeror;
(b)When the original is in the custody or under the control of the party against whom the evidence is offered, and
the latter fails to produce it after reasonable notice;
(c)When the original consist of numerous accounts or other documents which cannot be examined in court without
great loss of time and the fact sought to be established from them is only the general result of the whole; and
(d)When the original is a public record in the custody of a public officer or is recorded in a public office.
(e) All of these
21. The following are considered original document, EXCEPT.
a. The original of a document is one the contents of which are the subject of inquiry.
b. When the document is in two or more copies executed at or about the same time, with identical contents,
all such copies are equally regarded as originals.
c. When an entry is repeated in the regular course of business, one being copied from another at or near
the time of the transaction, all the entries are likewise equally regarded as originals.
d. When the document is more than 30 years old kept in a place where it is normally to be found and not
embellished by any alteration.
22. When the original document has been lost or destroyed, or cannot be reproduced in court, the offeror, upon proof of its
execution or existence and the cause of its unavailability without bad faith on his part, may prove its contents by a copy, or
by a recital of its contents in some authentic document or by the testimony of witnesses n the order stated.
a. Secondary Evidence Rule c. Best Evidence Rule
b. Secondary Evidence d. Parole Evidence Rule
23. When secondary evidence is allowed:
a. When the Original has been lost, destroyed or cannot be produced in court, without bad faith on the part of the
offeror;
b. When the original is under the custody or under the control of the party against whom the evidence is offered,
and the latter fails to produce it after reasonable notice;
c. When the original consist of numerous accounts or other documents which cannot be examined in court without
great loss of time and the fact sought to be established from them is only the general result of the whole; and
d. When the original is a public record in the custody of a public officer or is recorded in a public office.
e. All of these
24. What are secondary evidence?
a. A Certified true COPY of a document d. Testimony of witnesses
 b. A recital of its contents in some authentic document e. All of these
25. When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon
and there can be, as between the parties and their successors in interest, no evidence of such terms other than the
contents of the agreement.
a. Parol evidence Rule c. parol evidence
b. Best Evidence Rule d. Secondary Evidence
26. It refers to an evidence of oral or written statement of a party presented as evidence to modify explain or add to the
terms of the written agreement.
a. Parol Evidence c. Best evidence
b. Secondary Evidence d. Parole Evidence rule
27. On which of the following circumstances parol evidence can be accepted?
a. When there is an intrinsic ambiguity, mistake or imperfection in the written agreement;
b. The Failure of the written agreement to express the true intent and agreement of the parties thereto;
c. The validity of the written agreement; or
d. The existence of other terms agreed to by the parties or their successors in interest after the execution of the
written agreement.
e. All of These
28. As a rule all persons who can perceived, and perceiving, can make known of their perception to others can be witness
and the following shall not be a ground for disqualification.
a. Religious and political belief c. conviction of a crime unless otherwise provided by law
b. Interest in the outcome of the case d. All of these
29. The following are qualifications for discharged of a person to be state witness.
a. There is absolute necessity for the testimony of the accused whose discharge is requested;
b. There is no other direct evidence available for the proper prosecution for the offense committed except
the testimony of said accused;
c. The testimony of said accused can be substantially corroborated in its material points;
d. Said accused does not appear to be the most guilty;
e. Said accused has not at any time been convicted of an offense involving moral turpitude.
f. All of these
30. An Act Providing for A Witness Protection, Security and Benefit program and for other purposes.
a. R.A. 6981 b. P.D.749 c. R.A. 6646 d. R.A. 6770
31. The following are grounds for disqualification to be a witness, EXCEPT:
a. Disqualification by reason of mental incapacity or immaturity.
b. Children whose mental maturities make them incapable of perceiving and relating what was perceived
truthfully.
c. Disqualification between Spouses by reason of marriage, except on certain cases filed against one
another or their direct descendants or ascendants.
d. Conviction of a crime involving moral turpitude
32. It is the rule which disqualifies a parties or assignors of parties to a case, or persons in whose behalf a case is
prosecuted, from testifying against an executor or administrator or other representative of the deceased person, or against
person of unsound mind, upon a claim or demand against the estate of such deceased person or against such person of
unsound mind, on any matter of fact occurring before the death of such deceased person or before such person became of
unsound mind.
a. Disqualification by reason of death or insanity of adverse party (Dead Man rule).
b. Declaration against interest (Dead man’s statute)
c. Disqualification by reason of privilege communication
d. Admission by privies
33. Which of the following persons are covered by Disqualification by reason of privileged communication?
a. Husband and wife, during or after the marriage, as to any communication received in confidence by one
from another during the marriage.
b. Attorney-client, on any communication made by the client to him, or his advice given in view of the
professional employment nor an attorney’s secretary, stenographer, or clerk be examined.
c. Physician-patient, to any advice or treatment given by him or any information acquired in attending to
such patient in a professional capacity, and which would blacken the reputation of the patient.
d. Priest –confessant, as to any confessional character in the course of the discipline enjoined by the
church to which the minister or priest belongs.
e. A public officer, during his term of office or afterwards, as to communications made to him in official
confidence, when the court finds that the public interest would suffer by the disclosure.
f. All of these
34. R.A. 1405 is the law which prohibits the disclosure or examination of bank deposits. As a general rule bank deposits are
absolutely confidential in nature and may not examined or inquired or looked into by any person or government officials,
EXCEPT:
 a. upon written permission of the depositor.
b. in cases of impeachment.
c. upon order of competent court in cases of briber, dereliction of duty of public officials.
d. in case where the money deposited or invested is the subject matter of litigation.
e. in cases of unexplained wealth.
f. All of These
35. No person may be compelled to testify against his parents, other direct ascendants, children or other direct
descendants. This is embodied under what principle?
a. Parental and filial privilege. c. declaration against common reputation
b. declaration against pedigree d. res inter alois acta rule
36. Are those made by a party against himself as to relevant fact and are admissible in evidence against him.
a. admission c. self –serving statement
b. confession d. declaration against interest
37. An offer of compromise is considered not an admission of any liability and is not admissible in evidence against the
offeror on the following case, EXCEPT.
a. In civil cases
b. Those arising from criminal negligence (quasi-offense)
c. An offer to pay or the payment of medical, hospital or other expenses occasioned by an injury.
d. In criminal cases
38. A plea of guilty later withdrawn, or an unaccepted offer of a plea of guilty to a lesser offense is_____?

a. not admissible in evidence against the accused who made the plea of offer.
b. admissible in evidence against the accused who made the plea of offer
c. shall not be considered an plea
d. will be considered a plea of not guilty
39. The rights of a party cannot be prejudiced by an act, declaration, or omission of another, except as provided by the
rules of court.
a. Res inter alios acta rule
b. admission by co-partner
c. admission by co-conspirator
d. admission by silence of a person for not doing or saying anything when an act or declaration is said against him
in his presence.
40. The following are the requirements in determining child’s competency as a witness EXCEPT:
a. capacity of Observation c. capacity of Communication
b. capacity of Recollection d. capacity to Comprehend
41. The following are requisites of admission by co-partners or agent, EXCEPT:
a. the partnership or agency is proved by evidence other than the act or declaration.
b. the act of declaration of a partner or agent of the party is done within the scope of his authority.
c. he made the act or declaration during the existence of the partnership of declaration.
d. none of these
42. The following are the requisites for the admission by conspirator, EXCEPT:
a. That the conspiracy be first proved by evidence other than the admission itself.
b. That the admission relates to the common object.
c. That it has been made while the declarant was engaged in carrying out the conspiracy.
d. That several admission has been made with the same offense without the possibility of collision.
43. Where several extrajudicial confessions had been made by several person charged with the same offense and without
the possibility of collision among them, the fact that the statements are in all respects identical is confirmatory of the
confessions of the co-defendants and are admissible against the other persons implicated therein.
a. interlocking confessions c. res inter alios acta rule
b. admission by privies d. confession by co-defendant
44. An act or declaration made in the presence and within the hearing or observation of a party who does or says nothing
when the act or declaration is such as to call for action or comment if not true, and when proper and possible for him to do
so, may be given in evidence against him.
a. admission by silence c. confession
b. admission by co-conspirator d. admission by privies
45. A declaration made voluntarily and without compulsion or inducement by a person, stating or acknowledging his guilt of
the offense charged, or participated in the commission of the crime.
a. confession c. admission
b. extra-judicial confession d. extra-judicial admission
46. Which of the following is not part of custodial investigation.
a. extra-judicial admission c. extra-judicial admission
b. re-enactment d. police line-up
47. In order for a confession made by a suspect or accused under custodial investigation, to be admissible in evidence
against him, must comply with the following requirements:
a. It must be made voluntary
b. it must be made with the assistance of competent and independent counsel.
c. It must be express and categorical
d. It must be in writing and in the language known to and understood by the confessant
e. it must be signed, or is the confessant does not know how to read and write, thumbmarked by him.
f. all of these
48. Which of the following is the Hearsay evidence rule?
a. That a witness can testify only to those facts which he knows of his personal knowledge; that ism which are
derived from his own perception.
b. hearsay evidence is not acceptable as evidence in court
c. Hearsay evidence is evidence given in the authority of another person.
d. hearsay evidence is evidence with respect to facts of which the witness has no personal knowledge because it is
derived from the knowledge or perception of others who are not called to testify.