Clj Questionnaires.docx

CRIMINOLOGY BOARD EXAM REVIEWER Criminal Law and Jurisprudence (Day 1) Criminal Law (Book 1 & 2) 1. A Branch of municipal law which defines crimes, treats of their nature and provides for their punishment. A. Procedural Law B. Civil Law C. Criminal Law D. Political Law 2. One of the following is not a characteristic of criminal law. A. General B. Territorial C. Prospective D. Retroactive 3. Criminal law is binding on all person who reside or sojourn in the Philippines. This characteristic of criminal law is known as A. General B. Territorial C. Prospective D. Retroactive 4. One of the characteristics of criminal law is generality. Which of the following is not an exception to the principle of generality. A. Treaty Stipulation B. Laws of Preferential Application C. Principles of Public International Law D. None of the Above 5. One of the following person is not immune from Philippine criminal law. A. Sovereigns and other chief of state B. Ambassador C. Consuls D. Charges d' Affaires 6. Penal laws of the Philippines are enforceable only within its territory. This characteristic of criminal law is known as A. General B. Territorial C. Prospective D. None of the above 7. One of the following is not an exceptions to the territorial principle of criminal law. A. Offenses committed while on Philippine ship or airship B. Forging or counterfeiting any coin or currency note of the Philippines or the obligations and securities issued by the government. C. Crimes committed against national security and the law of nations. D. Crimes committed against public order. 8. Criminal law does not have any retroactive effect. This characteristic of criminal law is known as A. General B. Territorial C. Prospective D. Retroactive 9. When the law is favorable to the accused, is an exception to which characteristic of criminal law. A. General B. Territorial C. Prospective D. Retroactive 10. A Theory of criminal law, Basis is man's free will to choose between good and evil. The purpose of penalty is retribution. A. Classical Theory B. Positivist Theory C. Mixed Theory D. None of the above. 11. Basis is the sum of social and economic phenomena which conditions man to do wrong in spite of or contrary to his volition. This theory of criminal law is known as A. Classical Theory B. Positivist Theory C. Mixed Theory D. None of the above 12. In the construction of penal laws, it must be ______________ construed in favor of offender. A. Strictly B. Liberally C. Severely D. Precisely 13. Which of the following is not a limitation on power of congress to enact penal laws. A. Ex post facto law B. Bill of Attainder C. Law that violates the equal protection clause of the constitution. D. None of the Above 14. The Revised Penal Code took effect on A. March 6, 1929 B. March 6, 1930 C. February 1, 1932

D. February 1, 1934 15. What determines whether a vessel is a Philippine vessel for purposes of the application of criminal law? A. Place of Registration B. Place of Construction C. Citizenship of the Owner D. None of the Above 16. Crimes committed aboard foreign vessel within the territorial waters of a country are not triable in the courts of such country. In Criminal law, this principle is known as A. The Philippine Rule B. The English Rule C. The French Rule D. None of the Above 17. Crimes committed aboard a foreign vessel within the territorial waters of a country are triable in the courts of such country. In Criminal law, this principle is known as A. The Philippine Rule B. The English Rule C. The French Rule D. None of the Above 18. For Offenses committed aboard foreign vessel committed in Philippine waters. What principle is applicable to the Philippines? A. The Philippine Rule B. The English Rule C. The French Rule D. None of the Above 19. Acts and omissions punishable by the RPC is known as A. Felonies B. Crimes C. Misdemeanor D. None of the Above 20. Acts and omissions punishable by any law is known as A. Felonies B. Crimes C. Misdemeanor D. None of the Above 21. Failure to perform a duty required by law. A. Exception B. Exclusion C. Avoidance D. Omission 22. There is no crime when there is no law punishing it. In criminal law, this principle is known as A. Nullum crimen, nulla poene sine lege B. Ignorantia Legis Non Excusat C. Actus Non Facit Reum, Nisi Mens Sit Rea D. Actus Me Invito Factus Non Est Meus Actus 23. These Felonies are committed by means of deceit (dolo). A. Culpable Felonies B. Intentional Felonies C. Unintentional Felonies D. None of the Above 24. These Felonies are committed by means of fault. A. Culpable Felonies B. Intentional Felonies C. Unintentional Felonies D. None of the Above 25. This classification of felony has the following requisites, freedom, intelligence, and intent. A. Culpable Felonies B. Intentional Felonies C. Unintentional Felonies D. None of the Above 26. This classification of felony has the following requisites: freedom, intelligence, negligence, and imprudence. A. Culpable Felonies B. Intentional Felonies C. Unintentional Felonies D. None of the Above 27. Which of the following is not a characteristics of an offense mala in se? A. Moral trait of offender is considered. B. Good Faith is a defense C. Mitigating and aggravating circumstances taken into account in imposing penalty D. Degree of participation when there is more than one offender is generally not taken into account 28. Which of the following is not a characteristic of an offense mala prohibita? A. Mitigating and aggravating circumstance is not generally taken into account B. Degree of accomplishment of the crime is taken into account only when consummated C. Good Faith is not a defense D. Moral trait of offender is considered. 29. Moving power which impels one to act.

A. Motive B. Intent C. Purpose D. None of the Above 30. Purpose to use a particular means to effect a result. A. Motive B. Intent C. Purpose D. None of the Above 31. In Criminal Law, Error in Personae means A. Mistake in Identity B. Mistake in Blow C. Lack of intent to commit so grave a wrong D. None of the Above 32. In Criminal Law, Abberatio Ictus means A. Mistake in Identity B. Mistake in Blow C. Lack of Intent to commit so grave a wrong D. None of the Above 33. In Criminal Law, Praetor Intentionem means A. Mistake in Identity B. Mistake in Blow C. Lack of intent to commit so grave a wrong D. None of the Above 34. The 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. Immediate Cause B. Intervening Cause C. Proximate Cause D. Natural Cause 35. Which of the following is not a requisites of an impossible crime? A. Act would have been an offense against persons or property B. Accomplishment is inherently impossible or inadequate or ineffectual or ineffectual means are employed C. Act is not an actual violation of another provision of the RPC or of special law. D. There was no criminal intent 36. A Stage in the execution of felonies when all the elements necessary for its execution and accomplishment are present. A. Consummated B. Frustrated C. Attempted D. None of the Above 37. This Stage in the execution of felonies have the following elements: a. offender performs all acts of execution b. All the acts would produce the felony as a consequence c. But the felony is not produce d. By reason of causes independent of the will of the perpetrator. A. Consummated B. Frustrated C. Attempted D. None of the Above

38. This Stage in the execution of felonies have the following elements: a. Offender commences the felony directly by overt acts b. Does not perform all acts which would produce the felony c. His acts are not stopped by his own spontaneous desistance A. Consummated B. Frustrated C. Attempted D. None of the Above 39. In the stages of execution of felonies, the element that all acts of execution are present, must be present in A. Attempted and Frustrated B. Attempted and Consummated C. Frustrated and Consummated D. Frustrated and Attempted 40. Which of the following do not admit of frustrated and attempted stages? A. Offenses punishable by special penal laws B. Formal Crimes C. Impossible Crimes D. All of the Above 41. Which of the following crimes do not admit of frustrated stage. A. Rape B. Bribery C. Adultery

D. All of the Above 42. The General Rule is that light felonies are punishable only when they have been consummated. One of the following is an exception. A. If committed against the law of the nation B. If committed against public order C. If committed against persons or property D. None of the Above 43. Two or more persons come to an agreement for the commission of a felony and they decide to commit it. A. Proposal B. Conspiracy C. Agreement D. None of the Above 44. A Person has decided to commit a felony and proposes its execution to some other person. A. Conspiracy to commit a felony B. Proposal to commit a felony C. Agreement to commit a felony D. None of the Above 45. Under the RPC, afflictive penalties are imposed for a A. Grave Felonies B. Less Grave Felonies C. Light Felonies D. None of the Above 46. Under the RPC, Correctional penalties are imposed for a A. Grave Felonies B. Less Grave Felonies C. Light Felonies D. None of the Above 47. Under the RPC, aresto menor is imposed for a A. Grave Felonies B. Less Grave Felonies C. Light Felonies D. None of the Above 48. Light Felonies are punishable by A. 1 day to 30 days B. 1 month and 1 day to 6 months C. 6 months and 1 day to 6 years D. 6 years and 1 day to 12 years 49. Where the act of a person is in accordance with law, such person is deemed not to have violated the law. A. Mitigating circumstance B. Aggravating circumstance C. Justifying circumstance D. Exempting circumstance

50. Grounds for exception from punishment because there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent. A. Mitigating circumstance B. Aggravating circumstance C. Justifying circumstance D. Exempting circumstance 51.One while advanced in age has a mental development comparable to that of children between 2 and 7 years old. He is exempt in all cases from criminal liability. A. Insane B. Imbecile C. Stupid D. None of the Above 52. One who acts with complete deprivation of intelligence or reason or without the least discernment or with total deprivation of freedom of will. A. Insane B. Imbecile C. Stupid D. None of the Above 53. Offender uses violence or physical force to compel another person to commit a crime. A. Irresistible Force B. Uncontrollable Fear C. Duress D. None of the Above 54. Offender employs intimidation or threat in compelling another to commit a crime. A. Irresistible Force B. Uncontrollable Fear C. Duress D. None of the Above

55. The Juvenile Justice and Welfare Act is known as A. R.A. 9343 B. R.A. 9434 C. R.A. 9433 D. R.A. 9344 56. Mental capacity to fully appreciate the consequences of the unlawful act. A. Motive B. Intent C. Discernment D. None of the Above 57. Actus Me Invito Factus Non Est Meus Actus means A. Any act done by me against my will is not my act B. No intent to commit so grave a wrong C. He who is the cause of the cause is the cause of the evil caused D. None of the Above 58. Some motive which has lawfully, morally, or physically prevented a person to do what the law commands. A. Absolutory cause B. Insuperable cause C. Mitigating circumstance D. None of the Above 59. Where the act committed is a crime but for some reason of public policy and sentiment, there is no penalty imposed. A. Absolutory cause B. Insuperable cause C. Mitigating circumstance D. None of the Above 60. Those which if present in the commission of the crime reduces the penalty of the crime but does not erase criminal liability nor change the nature of the crime. A. Justifying circumstance B. Mitigating circumstance C. Aggravating circumstance D. Exempting circumstance 61. Any unjust or improper conduct or act of the offended party, capable of exciting, inciting or irritating anyone. A. Provocation B. Vindication C. Passion D. Obfuscation

62. Those which, if attendant in the commission of the crime, serve to have the penalty imposed in its maximum period provided by law for the offense or those that change the nature of the crime. A. Justifying circumstances B. Mitigating circumstances C. Exempting circumstances D. Aggravating circumstances 63. It is a kind of aggravating circumstance which apply to all crimes. A. Generic aggravating circumstance B. Specific aggravating circumstance C. Qualifying aggravating circumstance D. Inherent aggravating circumstance 64. A kind of aggravating circumstance that change the nature of the crime. A. Generic aggravating circumstance B. Specific aggravating circumstance C. Qualifying aggravating circumstance D. Inherent aggravating circumstance 65. A kind of aggravating circumstance which of necessity accompany the commission of the crime. A. Generic aggravating circumstance B. Specific aggravating circumstance C. Qualifying aggravating circumstance D. Inherent aggravating circumstance 66. A kind of aggravating circumstance which arise under special conditions to increase the penalty of the offense and cannot be offset by mitigating circumstances. A. Generic aggravating circumstance B. Special aggravating circumstance C. Inherent aggravating circumstance D. Qualifying aggravating circumstance 67. In Criminal Law, nighttimeas an aggravating circumstance is also referred to as A. Obscuridad B. Despoblado C. Encuadrilla D. None of the Above 68. In Criminal Law, uninhabited place as an aggravating circumstance is known as A. Obscuridad B. Despoblado C. Encuadrillia

D. None of the Above 69. In Criminal Law, Band to be considered aggravating A. There must be three or more armed men B. There must be four or more armed men C. There must be five or more armed men D. There must be six or more armed men 70. En Cuadrillia means A. Uninhabited place B. Band C. Nighttime D. None of the Above 71. 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 RPC. A. Recidivist B. Habitual delinquent C. Quasi-recidivist D. None of the Above 72. All of the following except one is a person in authority. A. Barangay Chairman B. Barangay Tanod C. Mayor D. Governor 73. Where the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two crimes to which it attaches a lighter penalty. This generic aggravating circumstance is known as A. Recidivism B. Habituality C. Multi-recidivism D. Quasi-recidivism 74. Reiteracion means A. Recidivism B. Habituality C. Multi-recidivism D. Quasi-recidivism 75. Where a person within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, or falsification, is found guilty of the sdaid crimes a third time or oftener. This extra ordinary aggravating circumstance is known as A. Recidivism B. Habitual delinquency C. Reiteracion D. Quasi-recidivism 76. Where a person commits felony before beginning to serve or while serving on a previous conviction for a felony. This special aggravating circumstance is known as A. Recidivism B. Reiteracion C. Habitual delinquency D. Quasi-recidivism 77. This aggravating circumstance involves the use of intellectual trickery or cunning on the part of the accused. A. Craft B. Fraud C. Disguise D. None of the Above 78. This aggravating circumstance involves the use of insidious words or machinations to induce the victim to act in a manner which would enable the offender to carry out his design. A. Craft B. Fraud C. Disguise D. None of the Above 79. This aggravating circumstance involves resorting to any device to conceal identity. A. Craft B. Fraud C. Disguise D. None of the Above 80. Astucia means A. Craft B. Fraud C. Disguise D. None of the Above 81. Disfraz means A. Craft B. Fraud C. Disguise D. None of the Above 82. When the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution without risk to himself arising from the defense which the offended party might make.

A. Evident Premeditation B. Astucia C. Disfraz D. Treachery 83. A Circumstance pertaining to the moral order which adds disgrace and obloquy to the material injury caused by the crime. A. Astucia B. Disfraz C. Ignominy D. Obscuridad 84. This Aggravating Circumstance is present when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing unnecessary physical pain in the consummation of the criminal act. A. Ignominy B. Cruelty C. Obscuridad D. Disfraz 85. Which of the following is not one of the three types of principals? A. Principal by Direct Participation B. Principal by Induction C. Principal by Indispensable Cooperation D. None of the Above 86. Persons who do not act as principals but cooperate in the execution of the offense by previous and simultaneous acts, which are not indispensable to the commission of the crime. A. Principal B. Accomplice C. Accessory D. None of the Above 87. A Person received and used property from another, knowing it was stolen. This is an example of a A. Principal B. Accomplice C. Accessory D. None of the Above 88. Placing a weapon in the hand of the dead who was unlawfully killed to plant evidence or burying the deceased who was killed by the mastermind. This is an example of A. A Principal B. An Accomplice C. An Accessory D. None of the Above 89. This Law penalizes the act of any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases. A. P.D. 1928 B. P.D. 1892 C. P.D. 1829 D. P.D. 1982 90. This Law penalizes the act, with intent to gain, of buying, selling, receiving, possessing, keeping, or in any other manner dealing in anything of value which a person knows or should have known to be derived from the proceeds of the crime of robbery or theft. A. P.D. 1261 B. P.D. 1216 C. P.D. 1621 D. P.D. 1612 91. Suffering inflicted by the state for the transgression of a law. A. Reward B. Advantage C. Penalty D. None of the Above 92. A Theory of justifying penalty to prevent or suppress the danger to the state arising from the criminal act of the offender. A. Prevention B. Self-Defense C. Reformation D. Exemplarity 93. A Theory justifying penalty so as to protect society from the threat and wrong inflicted by the criminal. A. Theory of Prevention B. Theory of Self-Defense C. Theory of Reformation D. Theory of Justice 94. A Theory Justifying penalty where the object of punishment in criminal cases is to correct and reform the offender. A. Theory of Prevention B. Theory of Self-Defense C. Theory of Reformation D. Theory of Exemplarity 95. A Theory justifying penalty where the criminal is punished to serve as an example to deter others from committing crimes. A. Theory of Prevention B. Theory of Self-Defense C. Theory of Reformation D. Theory of Exemplarity 96. A Theory justifying penalty, that crime must be punished by the state as an act of retributive justice, a vindication of absolute right

and moral law violated by the criminal. A. Theory of Prevention B. Theory of Reformation C. Theory of Exemplarity D. Theory of Justice 97. A Legislative Act which inflicts punishment without trial. A. Bill of Attainder B. Ex Post Facto Law C. Republic Act D. None of the Above

98. Which of the following is not an Ex Post Facto Law? A. A Law which makes criminal an act done before the passage of the law and which was innocent when done. B. A Law which aggravates a crime or makes it greater than it was when committed. C. A Law which changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed. D. None of the Above 99. Which of the following crimes will not extinguish the criminal liability of the offender even if pardoned by the offended party? A. Adultery B. Seduction C. Concubinage D. Homicide 100. Fines when imposed alone as penalty, in the amount of 201 pesos to 6000 pesos is considered A. Afflictive Penalty B. Correctional Penalty C. Light Penalty D. None of the Above 101. Breach of allegiance to the government by a person who owes allegiance it. A. Espionage B. Rebellion C. Sedition D. Treason 102. Treason can be proven by Judicial Confession of the accused or testimony of at least how many witness? A. At Least 1 Witness B. At Least 2 Witness C. At Least 3 Witness D. At Least 4 Witness 103. The Offense of gathering, transmitting, or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the Republic of thre Philippines or the advantage of a foreign nation. A. Treason B. Espionage C. Sedition D. Rebellion 104. One of the following felonies may be committed not only during war but also during peace time. A. Treason B. Misprision of Treason C. Espionage D. Piracy 105. An Act to punish Espionage and other offenses against national security. A. C.A. No. 616 B. C.A. No. 716 C. C.A. No. 816 D. C.A. No. 916 106. It is robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility. A. Piracy B. Mutiny C. High Jacking D. Robbery on the the High Seas 107. The Unlawful Resistance to a superior or the raising of commotions and disturbances on board a ship against the authority of its commander. A. Piracy B. Mutiny C. High Jacking D. Rebellion 108. Anti-Hijacking Law is known as

A. R.A. No. 6553 B. R.A. No. 6523 C. R.A. No. 6253 D. R.A. No. 6235 109. The Anti-Piracy and Anti-Highway Robbery Law of 1974 is known as A. P.D. No. 532 B. P.D. No. 523 C. P.D. No. 253 D. P.D. No. 235 110. The deprivation by a public officer of the liberty of a person without any legal ground. A. Arbitrary Detention B. Illegal Detention C. Kidnapping D. None of the Above 111. One of the following is not a crime against the law of nation. A. Treason B. Qualified Piracy C. Flight to Enemy's Country D. Arbitrary Detention 112. One of the following is not a crime against the Fundamental Laws of the State. A. Qualified Piracy B. Arbitrary Detention C. Delaying Release D. Expulsion 113. It is the offense committed by expelling a person from the Philippines or by compelling a person to change his residence. A. Light Threats B. light Coercion C. Expulsion D. Grave Threats 114. The term used where the object of the movement is completely to overthrow and supersede the existing government. A. Insurrection B. Rebellion C. Sedition D. None of the Above 115. The term refers to a movement which seeks merely to effect some change of minor importance to prevent the exercise of governmental authority with respect to particular matters or subjects. A. Insurrection B. Rebellion C. Sedition D. None of the Above 116. R.A. No. 6235 is known as A. Anti-Hijacking Law B. Anti-Piracy and Anti-Highway Robbery Law of 1974 C. An Act To Punish Espionage D. None of the Above 117. All of the following except one are crimes against public order. A. Coup D' Etat B. Sedition C. Treason D. Rebellion 118. This felony involves the raising of commotions or disturbance in the State. Its ultimate object is a violation of the public peace or at least such a course of measures as evidently engenders it. A. Coup D' Etat B. Rebellion C. Sedition D. Treason 119. Committed by a person who being under oath and 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. Slander B. Perjury C. Libel D. False testimony 120. Lax, Unrestrained, immoral, maintainer of house of prostitution. A. Dissolute B. Prostitutes C. Ruffians D. Vagrants

Criminal Jurisprudence 1. Berto, with evident premeditation and treachery killed his father. What was the crime committed? A. Murder B. Parricide C. Homicide D. Qualified Homicide 2. PO3 Bagsik entered the dwelling of Totoy against the latter’s will on suspicion that Bitoy keep unlicensed firearms in his home. What was the crime committed by PO3 Bagsik? A. Trespass to Dwelling B. Violation of Domicile C. Usurpation Of Authority D. Forcible Trespassing 3. Charlie and Lea had been married for more than 6 months. They live together with the children of Lea from her first husband.Charlie had sexual relation with Jane, the 14 year old daughter of Lea.Jane loves Charlie very much.What was the crime committed by Charlie? A. Simple Seduction B. Qualified Seduction C. Consented Abduction D. Rape 4. Prof. Jose gave a failing grade to one of his students, Lito. When the two met the following day, Lito slapped Prof. Jose on the face. What was the crime committed by Lito? A. Corruption of Public Officials B. Direct Assault C. Slight Physical Injuries D. Grave Coercion 5. A warrant of arrest was issued against Fred for the killing of his parents. When PO2 Tapang tried to arrest him,Fred gave him 1 million pesos to set him free. PO2 Tapang refrained in arresting Fred. What was the crime committed by PO2 Tapang? A. Indirect Bribery B. Direct Bribery C. Corruption of Public Officials D. Qualified Bribery 6. Which of the following is the exemption to the hearsy rule made under the consciousness of an impending death? A. Parol Evidence B. Ante mortem statement C. Suicide note D. Dead man statute 7. Factum probans means __. A. preponderance of evidence B. ultimate fact C. evidentiary fact D. sufficiency of evidence 8. It refers to family history or descent transmitted from one generation to another. A. inheritance B. heritage C. pedigree D. culture 9. The authority of the court to take cognizance of the case in the first instance. A. Appellate Jurisdiction B. General Jurisdiction C. Original Jurisdiction D. Exclusive Jurisdiction 10.A person designated by the court to assist destitute litigants. A. Counsel de officio B. Attorney on record C. Attorney at law D. Special counsel 11. Which of the following is not covered by the Rules on Summary Procedure? A. Violation of rental laws B. Violation of traffic laws C. The penalty is more than six months of imprisonment D. The penalty does not exceed six months imprisonment 12. It refers to a territorial unit where the power of the court is to be exercised. A. jurisdiction B. jurisprudence C. venue D. bench 13.The Anti-Bouncing Check Law. A. RA 6425 B. RA 8353 C. BP.22

D. RA 6975 14. The taking of another person’s personal property, with intent to gain, by means of force and intimidation. A. qualified theft B. robbery C. theft D. malicious mischief 15. Felony committed when 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. grave coercion C. direct assault D. slander by deed 16. These are persons having no apparent means of subsistence but have the physical ability to work and neglect to apply himself or herself to lawful calling. A. Pimps B. prostitutes C. gang members D. vagrants 17. A medley of discordant voices, a mock serenade of discordant noises designed to annoy and insult. A. Tumultuous B. charivari C. sedition D. scandal 18. The unauthorized act of a public officer who compels another person to change his residence. A. violation of domicile B. arbitrary detention C. expulsion D. direct assault 19. The deprivation of a private person of the liberty of another person without legal grounds. A. illegal detention B. arbitrary detention C. forcible abduction D. forcible detention 20. An offense committed by a married woman through carnal knowledge with a man not her husband who knows her to be married, although the marriage can be later declared void. A. concubinage B. bigamy C. adultery D. immorality 21. Age of absolute irresponsibility in the commission of a crime. A. 15-18 years old B. 18-70 years old C. 9 years old and below D. between 9 and 15 years old 22. Those who, not being principals cooperate in the execution of the offense by previous or simultaneous acts. A. Accomplices B. Suspects C. principal actors D. accessories 23. The loss or forfeiture of the right of the government to execute the final sentence after the lapse of a certaintime fixed by law. A. prescription of crime B. prescription of prosecution C. prescription of judgement D. prescription of penalty 24. A kind of executive clemency whereby the execution of penalty is suspended. A. Pardon B. commutation C. amnesty D. reprieve 25. Infractions of mere rules of convenience designed to secure a more orderly regulation of the affairs of the society. A. mala prohibita B. mala in se C. private crimes D. public crimes 26. Felony committed by a public officer who agrees to commit an act in consideration of a gift and this act is connected with the discharge of his public duties. A. qualified bribery B. direct bribery C. estafa D. indirect bribery 27. The willful and corrupt assertion of falsehood under oath of affirmation, administered by authority of law on a material matter. A. libel B. falsification C. perjury

D. slander 28. Deliberate planning of act before execution. A. Treachery B. evident premeditation C. ignominy D. cruelty 29. Whenever more than 3 armed malefactors shall have acted together in the commission of a crime. A. gang B. conspiracy C. band D. piracy 30. The failure to perform a positive duty which one is bound to. A. Negligence B. imprudence C. omission D. act 31. Ways and means are employed for the purpose of trapping and capturing the law breaker in the execution of his criminal plan. A. Misfeasance B. entrapment C. inducement D. instigation 32. Those where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed. A. impossible crimes B. aggravating circumstances C. absolutory causes D. Complex Crimes 33. One of the following is an alternative circumstance. A. Insanity B. intoxication C. passion or obfuscation D. evident premeditation 34. If the accused refuse to plead, or make conditional plea of guilty, what shall be entered for him? A. a plea of not guilty B. a plea of guilty C. a plea of mercy D. a plea of surrender 35. At what time may the accused move to quash the complaint or information? A. at any time before his arrest B. only after entering his plea C. any time before entering his plea D. Monday morning 36. The process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition on the case subject to court approval. A. Arraignment B. plea bargaining C. preliminary investigation D. trial 37. The security given for the release of a person in custody, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions specified by law. A. Subpoena B. recognizance C. bail D. warrant

38. The examination before a competent tribunal, according to the laws of the land, of the acts in issue in a case, for the purpose of determining such issue. A. Trial B. Arraignment C. pre-trial D. judgment 39. The adjudication by the court that the accused is guilty or is not guilty of the offense charged, and the imposition of the proper penalty and _____________. A. trial B. Pre-trial C. Arraignment D. Judgment 40. It is an inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a well-founded belief that an offense has been committed and the offender is probably guilty thereof and should be held for trial. A. pre-trial B. arraignment C. preliminary investigation D. plea bargaining 41. It is evidence of the same kind and to the same state of facts. A. secondary evidence

B. prima facie evidence C. corroborative evidence D. best evidence 42. It is that which, standing alone, unexplained or uncontradicted is sufficient to maintain the proposition affirmed. A. secondary evidence B. prima facie evidence C. corroborative evidence D. best evidence 43. A form of evidence supplied by written instruments or derived from conventional symbols, such as letters, by which ideas are represented on material substances. A. documentary evidence B. testimonial evidence C. material evidence D. real evidence 44. When the witness states that he did not see or know the occurrence of a fact. A. positive evidence B. corroborative evidence C. secondary evidence D. negative evidence 45. Personal property that can be subjects for search and seizure. A. used or intended to be used as means in committing an offense B. stolen or embezzled and other proceeds or fruits of the offense C. subject of the offense D. all of the above 46. All persons who can perceive and perceiving, can make known their perception to others. A. Suspects B. witnesses C. victims D. informers 47. The unlawful destruction or the bringing forth prematurely, of human fetus before the natural time of birth which results in death. A. abortion B. infanticide C. murder D. parricide 48. Felony committed when a person is killed or wounded during the confusion attendant to a quarrel among several persons not organized into groups and the parties responsible cannot be ascertained. A. alarm and scandal B. mysterious homicide C. death under exceptional circumstances D. tumultuous affray 49. A question which arises in a case the resolution of which is the logical antecedent of the issue involved in said case and the cognizance of which pertains to another tribunal. A. legal question B. juridical question C. prejudicial question D. judicial question 50. The RPC was based on the A. Spanish penal code B. English penal code C. American penal code D. Japanese penal code 51. An act or omission which is a result of a misapprehension of facts that is voluntary but not intentional. A. impossible crime B. mistake of facts C. accidental crime D. complex crime 52. Infanticide is committed by killing a child not more than…. A. 36 hours B. 24 hours C. 48 hours D. 72 hours 53. Ignorance of the law excuses no one from compliance therewith. A. ignorantia legis non excusat B. parens patriae C. res ipsa loquitur D. dura lex sed lex 54. An act which would be an offense against persons or property if it was not for the inherent impossibility of its accomplishment. A. compound crime B. impossible crime C. complex crime D. accidental crime 55. The law which reimposed the death penalty. A. RA 5425 B. RA 8553

C. RA 7659 D. RA 8551 56. One who is deprived completely of reason or discernment and freedom of the will at the time of the commission of the crime. A. discernment B. insanity C. epilepsy D. imbecility 57. The quality by which an act may be subscribed to a person as its owner or author A. responsibility B. duty C. guilt D. imputability 58. Something that happen outside the sway of our will, and although it comes about through some acts of our will,lies beyond the bound s of humanly foreseeable consequences. A. fortuitous event B. fate C. accident D. destiny 59. A sworn written statement charging a person with an offense,subscribed by the offended party, any peace officer or other public officer charged with the enforcement of the law violated. A. subpoena B. information C. complaint D. writ 60. This right of the accused is founded on the principle of justice and is intended not to protect the guilty but to prevent as far as human agencies can the conviction of an innocent person. A. right to due process of law B. presumption of innocence C. right to remain silent D. right against self-incrimination 61. Known in other countries as the body of principles, practices, usages and rules of action which are not recognized in our country. A. penal laws B. special laws C. common laws D. statutory laws

62. Circumstances wherein there is an absence in the agent of the crime any of all the conditions that would make an act voluntary and hence, though there is no criminal liability there is civil liability. A. Exempting B. alternative C. justifying D. aggravating 63. Circumstances wherein the acts of the person are in accordance with the law, and hence, he incurs no criminal and civil liability. A. exempting B. alternative C. justifying D. aggravating 64. When the offender enjoys and delights in making his victim suffers slowly and gradually, causing him unnecessary physical pain in the consummation of the criminal act. A. Ignominy B. cruelty C. treachery D. masochism 65. 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. A. Recidivism B. habitual delinquency C. reiteracion D. quasi-recidivism 66. Alevosia means A. Craft B. treachery C. evident premeditation D. cruelty 67. The law hears before it condemns, proceeds upon inquiry and render judgment after a fair trial. A. ex post facto law B. equal protection of the law C. rule of law D. due process of law 68. A person if within a period of 10 years from the date of his release or last conviction of the crime of serious or less serious physical injuries, robbery, theft, estafa or falsification, he is found guilty of any of the said crimes a third time or oftener. A. Recidivist

B. quasi-recidivist C. habitual delinquent D. hardened criminal 69. A kind of evidence which cannot be rebutted or overcome. A. Primary B. Best C. Secondary D. Conclusive 70. A kind of evidence which cannot be rebutted or overcome. A. Primary B. Best C. Secondary D. Conclusive 71. These questions suggest to the witness the answers to which an examining party requires. A. leading B. misleading C. stupid D. hearsay 72. A method fixed by law for the apprehension and prosecution of persons alleged to have committed a crime, and or their punishment in case of conviction A. Criminal Law B. Criminal Evidence C. Criminal Procedure D. Criminal Jurisprudence 73. The period of prescription of crimes punishable by death. A. 20 years B. 15 years C. 10 years D. 40 years

74. Persons who take direct part in the execution of a crime. A. Accomplices B. Accessories C. Instigators D. Principals 75. A crime against honor which is committed by performing any act which casts dishonor, discredit, or contempt upon another person. A. libel B. slander by deed C. incriminating innocent person D. intriguing against honor 76. The improper performance of some act which might lawfully be done. A. misfeasance B. malfeasance C. nonfeasance D. dereliction 77. A sworn statement in writing, made upon oath before an authorized magistrate or officer. A. subpoena B. writ C. warrant D. affidavit 78. Any other name which a person publicly applies to himself without authority of law. A. alias B. common name C. fictitious name D. screen name 79. A special aggravating circumstance where a person, after having been convicted by final judgment, shall commit a new felony before beginning to serve such sentence, or while serving the same. A. quasi-recidivism B. recidivism C. reiteracion D. charivari 80. Which of the following is not a person in authority? A. Municipal mayor B. Private School Teacher C. Police Officer D. Municipal Councilor 81. In its general sense, it is the raising of commotions or disturbances in the State. A. Sedition B. Rebellion C. Treason D. Coup d’ etat 82. The length of validity of a search warrant from its date. A. 30 days

B. 15 days C. 10 days D. 60 days 83. The detention of a person without legal grounds by a public officer or employee. A. illegal detention B. arbitrary detention C. compulsory detention D. unauthorized detention 84. A breach of allegiance to a government, committed by a person who owes allegiance to it. A. treason B. espionage C. rebellion D. coup d’ etat 85. A building or structure, exclusively used for rest and comfort. A. sanctuary B. prison C. jail D. dwelling 86. The mental capacity to understand the difference between right and wrong. A. treachery B. premeditation C. recidivism D. discernment

87. Conspiracy to commit this felony is punishable under the law. A. Estafa B. Murder C. Rebellion D. Rape 88. It means that the resulting injury is greater than that which is intended. A. Aberratio ictus B. Error in personae C. Dura Lex Sed lex D. Praeter Intentionem 89. It means mistake in the blow. A. Aberratio Ictus B. Error in Personae C. Dura lex sed lex D. Praeter Intentionem 90. A stage of execution when all the elements necessary for its execution and accomplishment are present. A. Attempted B. Frustrated C. Consummated D. Accomplished 91. An act or omission which is the result of a misapprehension of facts that is voluntary but not intentional. A. Absolutory Cause B. Mistake of facts C. Conspiracy D. Felony 92. Crimes that have three stages of execution. A. Material B. Formal C. Seasonal D. Continuing 93. Felonies where the acts or omissions of the offender are malicious. A. Culpable B. Intentional C. Deliberate D. Inculpable 94. It indicates deficiency of perception. A. Negligence B. Diligence C. Imprudence D. Inference 95. Acts and omissions punishable by special penal laws. A. Offenses B. Misdemeanors C. Felonies D. Ordinances 96. A character of Criminal Law, making it binding upon all persons who live or sojourn in the Philippines. A. General B. Territorial C. Prospective D. Retroactive

97. A legislative act which inflicts punishment without judicial trial. A. Bill of Attainder B. Bill of Rights C. Ex Post Facto Law D. Penal Law 98. The taking of a person into custody in order that he may be bound to answer for the commission of an offense. A. Search B. Seizure C. Arrest D. Detention 99. Pedro stole the cow of Juan. What was the crime committed? A. Robbery B. Farm Theft C. Qualified Theft D. Simple Theft

100.Pedro, a 19 year old man had sexual intercourse with her 11 year old girlfriend without threat, force or intimidation. What was the crime committed? A. Child rape B. Qualified Rape C. Statutory Rape D. None of these 101. The SC ruled the illegally obtained evidence is inadmissible in state criminal prosecutions in the famous case of A. Miranda vs Arizona B. Otit vs Jeff C. Mapp vs Ohio D. Milkey vs Wett 102. It is defined as a remedy or process by which a child born out of lawful wedlock and are therefore considered illegitimate are by fiction of law considered by subsequent valid marriage of the parents. A. Adoption B. Legitimation C. Foster parenting D. Naturalization 103. What is the Latin term for criminal intent? A. Mens Rea B. Magna Culpa C. Inflagrante Delicto D. Mala Vise 104. What should be conducted in order to determine whether a case falls under the jurisdiction of the regional Trial Court? A. Inquest proceeding B. Preliminary conference C. Preliminary investigation D. Search and Seizure 105. For offense falling under the jurisdiction of Municipal Trial Courts and Municipal Circuit trial courts, prosecution is instituted A. By filling a compliant with the Regional Trial Court B. By filing a complaint directly with the court C. By filling a complaint with the chief of Police in the municipality D. By filling a complaint with the fiscal for preliminary investigation 106. Intervention of the offended party in the criminal action is not allowed in the following instances EXCEPT: A. when he has not waived the civil action B. when he has file the civil action ahead of the criminal C. when he has expressly reserved the right to institute the civil action separately D. when he has waived the civil action 107. The place of trial for a criminal action is cited A. territory B. action C. jurisdiction D. venue 108. The primary purpose of bail is A. to protect the accused rights B. to keep the accused in jail until trial C. to punish the accused for the crime D. to release the accused 109. The authority of the court to take cognizance of a case in the first instance is known as: A. original jurisdiction B. appellate jurisdiction C. general jurisdiction D. delegated jurisdiction 110. "A" stabbed "B". "A" brought "B" to a hospital for medical treatment. Had it not been the timely medical attendance "B" would have died. This is a case of: A. a physical injury B. an attempted felony

C. a consummated felony D. a frustrated felony 111. A person undergoing criminal investigation enjoys his three constitutional rights such as A. the right to oppose whatever the accusation on him B. the right to plea guilty and not guilty C. the right to oppose whatever accusation or him based on his constitutional right D. the right to remain silent, the right to counsel, the right to be informed of the nature of the accusation

112. Evidence is admissible when it is relevant to the issue and is not excluded by the rules on A. Real evidence B. Secondary evidence C. Admissibility of evidence D. Relevancy of evidence 113. What is the sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer or other employee of the government or government institution in change of the enforcement or execution of the law violated? A. Deposition B. Complaint C. Police blotter D. Information 114. Trial is allowed only after arraignment and the accused may waive his right to appear at the trial except when his presence is required for purposes of identification. This is the principle of trial in __. A. Substitution B. Absentia C. Re-assignment D. Ordeal 115. A public officer or employee when NOT being authorized by judicial order, shall enter a dwelling against the will of the owner thereof is committing: A. Legal entry B. Violation of domicile C. Illegal entry D. Abatement 116. Intoxication when considered under the law is considered A. Alternative Circumstance B. Maladaptive Behavior C. Delinquent act D. Anti social Behavior 117. The adjudication by the court that the defendant is guilty or is not guilty of the offense charged and the imposition of the penalty provided by law on the defendant who pleads or is found guilty thereof A. judgment B. false informant C. information D. admission 118. Is that which is not excluded by the law as tending to prove a fact in issue A. material evidence B. relevant evidence C. direct evidence D. competent evidence 119. Any private person who shall enter the dwelling of another against the will of the latter A. none of these B. trespassing to dwelling C. light threats D. usurpation 120. Are those acts and omissions committed not only by means of deceit, but also by means of fault and are punishable by law. A. Justifying circumstances B. Felonies C. Exempting circumstances D. Attempted felony 21. Is committed whenever the offender commences the commission of a crime directly by overt acts but does not perform all the acts of execution which should produce the felony as a consequence by reason of some cause or accident other than his own spontaneous desistance. A. Frustrated felony B. Attempted felony C. Consummated felony D. Felony 22. Are those crimes committed against individuals, particularly against their chastity, but which do not produce danger or prejudice common to other members of society. A. Private crimes B. Public crimes C. Felony D. Infractions

23. Are those crimes committed against the society which producedirect damage or prejudice common to all its members. A. Private crimes B. Public crimes C. Felony D. Infractions 24. One of the characteristics of criminal law, where penal laws do not have retroactive effect, except in cases where they favor the accused charged with felony and who are not habitual criminals. A. Retrospective B. General C. Territorial D. All of the foregoing 25. A theory underlying the system of our criminal law, of which Rafael Garafalo and Enrico Ferri, including Dr. Cesare Lombroso, were the greatest exponents, that crime is considered as essentially asocial and natural phenomenon. A. Juristic or classical theory B. Positivist or realistic theory C. Punitive theory D. Non- punitive theory 26. It is the Latin term referring to "caught in the act" of performing a crime. A. Nullum Crimen B. Dura lex sed lex C. Ignorancia lex excusat D. none of these 27. Any act committed or omitted in violation of a public law forbidding or commanding it. A. legal act B. Crime C. Poena D. Punishment 28. A rule of conduct, just, obligatory, enacted by legitimate authority for the common observance and benefit. A. Regulation B. City Ordinance C. Law D. Lawful Act 29. The Latin term POENA means: A. Penalty B. Pain C. Punishment D. Police

Answer: Criminal Law (Book 1 &2) 1. C 2. D 3. A 4. D 5. C 6. B 7. D 8. C 9. C 10. A 11. B 12. B 13. D 14. C 15. A 16. C 17. B 18. B 19. A 20. B 21. D 22. A 23. B 24. A 25. B 26. A 27. D 28. D 29. A 30. B 31. A 32. B 33. C 34. C 35. D 36. A 37. B 38. C 39. C 40. D 41. D 42. C 43. B 44. B 45. A 46. B 47. C 48. A 49. C 50. D 51. B 52. A 53. A 54. B 55. D 56. C 57. A 58. B 59. A 60. B

61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120.

A D A C D B A B B B A B B B B D A B C A C D C B D B C C C D C A B C D D A D D B D B B C A A B D A A D A C B A A C C D A

Criminal Jurisprudence 1. B 2. B 3. B 4. B 5. D 6. D 7. C 8. C 9. C 10. A 11. C 12. C 13. C 14. B 15. B 16. D 17. B 18. C 19. A 20. C 21. C 22. A 23. D 24. D 25. A 26. B 27. C 28. B 29. C 30. C 31. B 32. C 33. B 34. A 35. C 36. B 37. C 38. A 39. D 40. C 41. C 42. B 43. A 44. D 45. D 46. B 47. A 48. D 49. C 50. A

51. B 52. D 53. A 54. B 55. C 56. D 57. D 58. C 59. C 60. B 61. C 62. A 63. C 64. B 65. A 66. B 67. D 68. C 69. D 70. D 71. A 72. C 73. A 74. D 75. B 76. B 77. D 78. C 79. A 80. C 81. A 82. C 83. B 84. A 85. D 86. D 87. C 88. D 89. A 90. C 91. B 92. A 93. B 94. A 95. A 96. A 97. A 98. C 99. C 100. C

101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 129.

C B A C B B D D A D D D B B B A A B B B B A B A B D B C B