Criminal-law-and-jurisprudence-questionnaire-0002.docx

GEMINI CRIMINOLOGY ONLINE REVIEW AND TRAINING CENTER, INC. P E N E T E E A P Dr. MANUEL V JAUDIAN, LLB. PhD ETEEAP DIRECTOR CRIMINAL LAW AND JURISPRUDENCE ETEEAP SECOND SEMESTER: S.Y 2015-2016

INSTRUCTION: Select the correct answer for each of the following question. 1 Any person who, owing allegiance to the Government of the Philippine Islands, not being a foreigner, levies war against them or adheres to their enemies, giving them aid or comfort within the Philippine Islands. a. Treason c. Espionage b. Misprision of treason d. Violation of neutrality 2. Without authority therefore, enters a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippine Archipelago a. Treason c. Espionage b. Misprision of treason d. Violation of neutrality 3. 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 4. An act which would be an offense against persons or property was if not for the inherent impossibility of its accomplishment. a. compound crime b. Impossible crime c. complex crime d. Accidental crime 5. Any public officer or employee who, without legal grounds, detains a person shall suffer. a. Arbitrary detention c. Trespass to dwelling c. Illegal Detention d. None of the above 6. Alevosia means a. craft b. Treachery c. evident premeditation d. Cruelty 7. 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 8. 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 9. A kind of evidence which cannot be rebutted or overcome. a. Primary b. Best c. Secondary d. Conclusive 10. 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 ETEEAP AUTHENTICATED BY: NAME: _________________ DATE: ________________ CENTER OF EQUIVALENCY AND ACCREDITATION PHINMA-COC CRIMINOLOGY

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A kind of evidence which cannot be rebutted or overcome. a. Primary b. Best c. Secondary d. Conclusive These questions suggest to the witness the answers to which an examining party requires. a. leading b. Misleading c. stupid d. Hearsay 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 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 Something that happen outside the away of our will, and although it comes about through some acts of our will, lies beyond the bounds of humanly foreseeable consequences. a. fortuitous event b. Fate c. accident d. Destiny 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 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 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 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 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 When the offender enjoys and delights in making his victim suffer slowly and gradually causing him unnecessary physical pain in the consummation of the criminal act. a. ignominy b. Cruelty c. treachery d. Masochism A method fixed by law for the apprehension and prosecution of persons alleged to have committed a crime, and for their punishment in case of conviction. a. Criminal Law b. Criminal Evidence c. Criminal Procedure d. Criminal Jurisprudence The period of prescription of crimes punishable by death. a. 20 years b. 15 years c. 10 years d. 40 years Persons who take direct part in the execution of a crime. a. accomplices b. Accessories c. instigators d. Principals

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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 The improper performance of some act which might lawfully be done. a. misfeasance b. Malfeasance c. nonfeasance d. Dereliction A sworn statement in writing, made upon oath before an authorized magistrate or officer. a. subpoena b. Writ c. warrant d. Affidavit Any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purpose enumerated in defining the crimes of rebellion and sedition, or shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance. a. direct assault b. indirect assault b. Physical injury d. None of the above 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 Which of the following is not a person in authority? a. Municipal mayor b. Private School Teacher c. Police Officer d. Municipal Councilor 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 The length of validity of a search warrant from its date. a. 30 days b. 15 days c. 10 days d. 60 days 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 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 A building or structure, exclusively used for rest and comfort. a. sanctuary b. Prison c. jail d. Dwelling The mental capacity to understand the difference between right and wrong. a. treachery b. Premeditation c. recidivism d. Discernment Conspiracy to commit this felony is punishable under the law. a. Estafa b. Murder c. Rebellion d. Rape 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 It means mistake in the blow. a. Aberratio Ictus b. Error in Personae c. Dura lex sed lex d. Praeter Intentionem

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A stage of execution when all the elements necessary for its execution and accomplishment are present. a. Attempted b. Frustrated c. Consummated d. Accomplished 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 Crimes that have three stages of execution. a. Material b. Formal c. Seasonal d. Continuing Felonies where the acts or omissions of the offender are malicious. a. Culpable b. Intentional c. Deliberate d. Inculpable It indicates deficiency of perception. a. Negligence b. Diligence c. Imprudence d. Inference Acts and omissions punishable by special penal laws. a. Offenses b. Misdemeanours c. Felonies d. Ordinances 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 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 The taking of a person into custody in order that he may bound to answer for the commission of an offense. a. Search b. Seizure c. Arrest d. Detention Pedro stole the cow of Juan. What was the crime committed? a. Robbery b. Farm Theft c. Qualified Theft d. Simple Theft 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 ETEEAP AUTHENTICATED BY: NAME: _________________ DATE: ________________ CENTER OF EQUIVALENCY AND ACCREDITATION PHINMA-COC CRIMINOLOGY