CRIMINOLOGIST LICENSURE EXAMINATIONS

Q & A ON CRIMINAL JURISPRUDENCE, PROCEDURE AND EVIDENCE (20%)

Instruction: Choose the letter of the correct answer.

CRIMINAL LAW (BOOK 1 )

1. The forfeiture or loss of the right of the State to prosecute the offender or file criminal action after the
lapse of a certain period of time.
a. Prescription of Penalty c. Combination of A & B
b. Prescription of crime d. None of the above
2. Loss or forfeiture of the State to execute the sentence following his conviction after the lapse of certain
period of time.
a. Prescription of crime c. Combination of A & B
b. Prescription of penalty d. None of the above
3. The penalties of death and reclusion perpetua prescribe in:
a. 10 yrs c. 20 yrs
b. 15 yrs d. 30 yrs
4. Light penalties shall prescribe in:
a. 6 months c. 2 years
b. 1 year d. 5 years
5. A, B & C raped W in that when A was having sex with W, B & C were holding the legs and arms of W.
When it was B’s turn, A & C were the ones holding W’s legs and arms. When C was the one having sex
with W, the ones holding W arms and legs were A & B. Later, A succeeded in courting W and later A
contracted marriage with W. Is the criminal liability for rape committed by A, B & C extinguished?
a. There is no extinction of penal liability because marriage of the offended party with the offender
does not apply to multiple rapes.
b. Yes, the marriage of the offender with the offended party shall extinguish the criminal action or
remit the penalty already imposed.
c. When a single act constitutes two or more grave felonies or less grave felonies known as
compound crime;
d. When an offense is a necessary means of committing the other is the complex crime proper;
6. There is a complex crime when:
a. When a single act constitutes two or more grave felonies or less grave felonies known as
compound crime;
b. When an offense is a necessary means of committing the other is the complex crime proper;
c. Compound crime because the single act of shooting resulted to two or more grave
felonies;
d. A & B only
7. A with a revolver shot B, missing him but the bullet hit X who is A’s father. A committed the crime of
attempted homicide with parricide. What kind of a complex crime is committed?
a. Compound crime because the single act of shooting resulted to two or more grave felonies;
b. Complex crime proper
c. Complex crime
d. A & B only
8. Is a kind of Executive clemency whereby the execution of penalty is suspended?
a. Penalty c. Amnesty
b. Reprieve d. Civil interdiction
9. The penalty imposed by the court upon an offender is reduced to a lighter one.
a. Commutation of sentence c. Amnesty
b. Reprieve d. Penalty
10. It is an accessory penalty provided by law when the principal penalty imposed upon the offender for the
commission of a crime is more than twelve years imprisonment.
a. Amnesty c. Civil interdiction
b. Capital offense d. All of the above
11. It is one, which, under the law existing at the time of its commission and at the time of the application
to be admitted to bail, may be punished by death, although a lower penalty than death may be imposed
after conviction.
a. Capital offense c. Complex crime
b. Civil interdiction d. Continuous offense
12. Is a kind of crime which is committed by a person who performs an act which would be an offense
against person or property, were it not for the inherent impossibility of its accomplishments or on account of
the employment of inadequate or ineffectual means.
a. Complex crime c. Prescription of crime
b. Impossible crime d. Prescription of penalty
13. It may be defined as a disposition under which a defendant after conviction and sentence is released
subject to the conditions imposed by the Court and to the supervision of a probation officer.
a. Indemnification c. Amnesty
b. Reparation d. Probation
14. A person lends Juan the bolo, which was used in the murder of another person, is liable as
__________ of the crime?
a. Principal c. Accomplice
b. Accessory d. Conspirator
15. Persons who aid the felons to hide away evidences or profit from the fruits of the crimes are said to be:
a. Principal c. Accomplices
b. Accessories d. Conspirators
16. A kidnapped a boy and demanded a ransom of P100, 000.00 from the boy’s parents. In time, the
ransom was paid and the victim was released. When X (A’s adopted sister) learned that A was being
hunted by the police for kidnapping, she (X) took (A) into her house and concealed him. A was able to
elude the police. What is the criminal liability of X, if any?
a. No criminal liability as she was within the degree from criminal liability.
b. Principal
c. Accessory
d. Accomplice
17. A proposed to B that they rob a certain store, to which B agreed. Later, however, B undertook the
robbery alone and made off with P20, 000.00 cash. The following day, after making some shallow
explanation, B apologized to A and gave the latter P2, 000.00, which A somewhat grudgingly accepted.
What is A’s liability, if any?
a. Principal c. Accomplice
b. Accessory d. Conspirators
18. To be appreciated as mitigating, it must be made to person in authority or his agent; it may be present
if made after the issuance of a warrant of arrest, but before actual arrest is made.
a. Voluntary surrender c. Habitually reiteration
b. Recidivism d. Treacher
19. This kind of aggravating circumstance is present when a person commits any of the crimes against
person, employing such 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. Accomplishes c. Treachery
b. Principal d. Accessories
20. In its juridical sphere, it means the suffering undergone, because of the action of society, by one who
commits a crime; hence, it can only be imposed after conviction in a criminal action.
a. Amnesty c. Recidivism
b. Pardon d. Penalty
21. It is one for which the law impose a single punishment for various offenses. It is committed in either of
two ways; when a single act constitutes two or more grave or less grave offenses; or when an offense is a
necessary means for committing another.
a. Continuous crime c. Capital offense
b. Complex crime d. Impossible crime
22. It means the mercy extended by the chief Executive to a person sentenced for an offense whereby the
personal effects of the penalty are suspended subject to the conditions, if accepted by the person
sentenced, produces the effect of freeing him from imprisonment if he is deprived of liberty, or from
preventing him from changing his residence as he pleases, if he is sentenced to exile.
a. Conditional pardon c. Deduction for loyalty
b. Good conduct allowance d. Indemnification
23. This allowance is deducted from the period of a prisoner’s sentence: 5 days for each month of good
behavior for two years imprisonment; during the 3rd year confinement, 8 days for each month of good
behavior; following years until the 10th year, 10 days for each month of good behavior; during the 11 th year
and successive yrs of his imprisonment, 15 days for each month of good behavior.
a. Deduction of loyalty c. Good conduct allowance
b. Amnesty d. Conditional pardon
24. It is the deduction of one-fifth (1/5) of the period of the sentence of a prisoner if he, having evaded the
service of sentence because of calamity or any disorder under Art. 158 gives himself up to the authorities
within 48 hours following the issuance of a proclamation regarding the passing away of the calamity.
a. Amnesty c. Conditional pardon
b. Good conduct allowance d. Special time allowance for loyalty
25. It is a sovereign act of oblivion for past acts, granted by the government to a certain class of person
charged or guilty of crime usually political offenses and often conditioned upon their return to obedience
and duty within a prescribed time.
a. Amnesty c. Prejudicial question
b. Indemnification d. Treason
26. X, Y & Z conspired to kill A. They went to the house of A. Upon arrival, Z only acted as look-out in the
yard of A; Y accompanied X to the room where A was sleeping; it was X who shot A to death. What is the
participation of X, Y & Z to the crime of murder?
a. X, Y & Z are principals by direct participation
b. X & Y are principals by direct participation
c. Z as accomplice
d. Y as accomplice
27. Person who received and used property from another, knowing it was stolen:
a. Principal c. Accessory
b. Accomplice d. Principal by direct participation
28. Placing a weapon in the hand of the dead who was killed to plant evidence, or buying the deceased
who was killed by the principal.
a. Principal c. Accomplice
b. Accessory d. Direct participation
29. An accessory is exempt from criminal liability when the principal is his:
a. Spouse, ascendants, descendants, brothers and sisters
b. Nephew, uncle, niece and aunt
c. Brother-in-law & sister-in-law
d. Half-brother or sisters
30. X is a chief of police in town “A”. His son committed murder whom he helped in escaping by providing
him money and motorcycle. Is X liable?
a. Accessory because he abuses his public functions.
b. Accessory but exempted from criminal liability by virtue of relationship
c. Accomplice he abuses his public functions.
d. Accomplice but exempted from criminal liability by virtue of relationship
31. X is the mother of C who has just stolen jewelries worth P300, 000.00. X sold the jewelries and gave
the proceeds to her daughter C in order to elude arrest and prosecution. Is X liable?
a. Accessory before the fact
b. Accessory but exempted because the principal is her daughter
c. Accessory but not exempted even if she is related to C (mother and daughter) as she assisted
C to profit by the effects of the crime.
d. A & B 0nly
32. It is a law which: a) makes criminal an act done before the passage of the law or which aggravates a
crime or makes it greater than it was, when committed.
a. Ex post facto law c. Amnesty
b. Bill of attainder d. Treason
33. A legislative act which inflicts punishment without trial.
a. Ex post facto law c. Treason
b. Bill of attainder d. Amnesty
34. Pardon by the offended party, as a general rule, does not extinguish the criminal liability of the
offender, except:
a. Private offenses and before the institution of the criminal action
b. Public crime or crimes against the State
c. Private crime or crimes against the State
d. B & C only
35. In adultery and concubinage, pardon by the offended party will bear criminal prosecution if:
a. Express or implied pardon given to the wife or husband, as the case may be and before the
institution of the criminal action.
b. Express or implied pardon given to both offenders and before the institution of the
criminal action.
c. Both offenders are express before the institution of the criminal action
d. A & B only
36. In cases of seduction, abduction and acts of lasciviousness, pardon by the offended party or by
parents or grandparents or guardian will bar prosecution provided the pardon is given before the institution
of criminal action, except:
a. Marriage between the offender and the offended party even after the filing of the case and
conviction of the offended party.
b. Remit the penalty already imposed against the offender, his co-principals, accomplices and
accessories.
c. The penalty is ready to imposed against the offended party
d. A & B only
37. A fine of from P200.00 to P6, 000.00 imposed by the court after due hearing is:
a. Afflictive c. Light
b. Correctional d. Heavy
38. Destierro is a principal, divisible and correctional penalty imposed by the judge after due trial in cases
of:
a. Serious physical injuries or death under exceptional circumstances.
b. Of concubine in concubinage
c. Of paramour in adultery case
d. A & B only
39. In the execution of destierro, the convict shall not be permitted to enter the place designated in the
sentence nor within the radius specified:
a. Not be more than 250 and not less than 25kms from the place designated.
b. Not be more than 350 and not less than 50kms.
c. Not be more than 300 and not less than 30kms.
d. Not be more than 325 and not less than 40kms.
40. Those who directly forces another to commit a crime are also categorized as:
a. Principal by direct participation c. Principal by indispensable cooperation
b. Principal by inducement d. Principal by indirect cooperation
41. A & B agreed to rape C. They proceeded to the room of C whereupon A with a knife pointed to the
neck of C ordered C to lie down and when A was having sex with C, B was holding both arms of C. what is
the liability of B?
a. Principal by direct participation c. Principal by indispensable cooperation
b. Principal by inducement d. Principal by indirect cooperation
42. A & B are charged with kidnapping. A contacted X who, has not participated in the actual kidnapping
to contact the parents of the victim to negotiate the delivery of ransom. X having successfully done so,
receives a share from the same. He is also a:
a. Accomplice c. Principal
b. Accessory d. Conspirator
43. Suppose X being a co-conspirator in theft or robbery, sold some of the property stolen, he should be
punished as a:
a. Accessory c. Principal
b. Accomplice d. Conspirator
44. A rapes a woman and in his escape he was assisted by public officer. The public officer is liable as:
a. Accessory c. Principal
b. Accomplice d. Co-conspirator
45. Suppose in the same problem, A was assisted by a private individual. Is the private person liable as
an accessory?
a. No, crime committed was not treason, murder, parricide, etc.
b. Yes, because he assisted in the escape of a person who committed a serious crime
c. Yes, crime committed was treason, murder, parricide, etc.
d. No, because he assisted in the escape of a person who not committed a serious crime
46. A is charged for attempted homicide and the trial is still going on for more than 6 yrs and he has been
detained from the beginning of the trial for failure to post a bail bond. What should the court do?
a. He shall order the immediate release of A.
b. The trial should proceed until terminated.
c. He shall not order the immediate release of A.
d. A & B only
47. Light offenses prescribed in:
a. 2 months c. 6 months
b. 3 months d. 4 months
48. The period of prescription shall commence to run from the day of discovery of the crime by the
offended party, the authorities or their agents. Suppose A witnessed the killing of X by B, and since A not
being related to X, he did not report the crime to the authorities. Will the crime of murder prescribe?
a. Yes, after the lapse of 20 years c. No, after the lapse of 15 yrs
b. No, the crime will never prescribe d. Yes, the crime never prescribe
49. Suppose in the same problem above, A, reported to the police authorities what he witnessed, but no
complaint is filed in court. Will the crime of murder prescribe?
a. Yes, after 20 yrs and one day from the discovery of the crime.
b. No, the crime will never prescribe because the one who discovered the crime is not the
offended party, the authority or its agent
c. No, after 15 yrs and two days from the discovery of the crime
d. Yes, the crime will not never prescribe because the one who discovered the crime is the
offended party.
50. Every person criminally liable for a felony is also civilly liable. Thus, if A committed murder, he is
obliged to pay the offended party the civil liability which includes:
a. Restitution c. Indemnification for consequential damages
b. Reparation of the damage caused d. All of the above
51. The classes or different classifications or circumstances affecting criminal liability are the following,
except:
a. Justifying c. Aggravating
b. Probable cause d. Alternative
52. A person who acts by virtue of a _______________ circumstance is deemed not to have transgressed
the law, and is free from both criminal and civil liability.
a. Justifying c. Aggravating
b. Exempting d. Alternative
53. One who acts by virtue of an _________________ circumstance commits a crime but does not incur
any criminal liability because of the complete absence of the conditions which makes the act voluntary.
a. Aggravating c. Justifying
b. Alternative d. Exempting
54. A shots B hitting him but not mortally. So B grappled for the possession of the gun until B succeeded in
wresting it from A. Immediately thereafter, B shot A whom he killed. Prosecuted for homicide, B interposed
self-defense. Decide.
a. B can invoke self-defense because the provocation made by A in shooting and wounding B is
sufficient to prevent further harm to him.
b. There was no self-defense since A was already disarmed hence there was no more aggression
to stop or repel as B shot A when he was already unarmed and defenseless.
c. There was self-defense since A already disarmed hence there was no more aggression to stop
or repel as B shot A when he was already unarmed and defenseless.
d. Either B and C
55. Is the accidental killing of a by-stander, while X was acting in self-defense, that is, in stopping or
repelling the actual aggression by Y against him?
a. Yes for reckless imprudence resulting to homicide.
b. Yes, X is liable for any crime as he was not committing a felony when he acted in self-defense
although the wrongful act done be different from what he intended to do.
c. No for reckless imprudence resulting to homicide.
d. No, X is not liable for any crime as he was not committing a felony when he acted in self-defense
although the wrongful act done be different from what he intended to do.
56. X was indebted to B. When B tried to collect the indebtedness, X insulted him, struck him with his fist
and when B moved backward X continued boxing him and so B drew his bolo and struck A to death.
Prosecuted for homicide, B pleaded self-defense. Decide.
a. B in acted in self-defense to prevent or repel the unlawful aggression of X.
b. No, because the use of a bolo by B may not be considered as a reasonable means to repel X’s
attack who used only his fist.
c. Yes, because the use of a bolo by B may be considered as a reasonable means to repel X’s
attack who used only his fist.
d. Either A or C
57. When A saw B rushing towards him holding a bolo and poised to strike him, he immediately picked up
a pointed iron bar and believing that his life was in danger as B was close enough, he made a trust on B
hitting him on the stomach which caused the death of B. Note that the truth of the matter, however, is that,
B was merely trying to play joke on C. Is A criminally liable?
a. No, because he acted in self-defense due to mistake of fact which was committed without fault
or carelessness and he had no more time to verify whether B was only playing a joke or not.
b. Liable because he had still time to move backward in order check whether B had really the
intention of hitting him with a bolo or he was just playing a joke on him.
c. Not liable because he had still time to move backward in order check whether B had really the
intention of hitting him with a bolo or he was just playing a joke on him.
d. Either A or C
58. Suppose, in the middle of the night and at full moon at that, X heard the footsteps of an intruder inside
their house. X picked up his rifle and upon seeing a man armed with a pistol in his right hand ransacking
X’s personal effects, X shot and killed the man. Is X criminally liable?
a. Yes because defense of property requires that it be coupled with aggression against persons.
b. Yes, because he was acting in defense of property right and the means employed was
reasonable considering that the intruder was armed with a pistol.
c. No, because he was acting in defense of property right and the means employed was
reasonable considering that the intruder was armed with a pistol.
d. A and B
59. Suppose in the above question, X shot to death the man while he was running away from X’s house
carrying with him X’s television set, is X criminally liable?
a. Yes for murder qualified by treachery as the man was running away from X’s house holding the
television set hence he could not defend himself.
b. No, because he acted in defense of his property rights from an intruder who robbed him of his
TV set.
c. No for murder qualified by treachery as the man was running away from X’s house holding the
television set hence he could not defend himself.
d. Yes for murder aggravated by treachery
60. X has been working in Hong Kong. Feeling homesick after a long absence, without notice, came home
from Hong Kong. Upon arrival in their residence at about 9:00pm, he immediately proceeded to their
bedroom where he saw his compadre on top of his wife, both naked. X immediately drew his gun but was
beaten to a draw by his compadre who shot and killed him. When prosecuted, X’s compadre put up the
defense that he killed X in self-defense. Decide.
a. X’s act in drawing his gun does not constitute unlawful aggression because such act was the
act of a deceived and an offended husband because the compadre was having an illicit
relations with X’s wife, and so X is justified in defending himself from an actual aggression by his
compadre.
b. Although the compadre is performing an unlawful act for having an illicit relationship with X’s
wife, still he is justified in killing X as his life is in actual danger.
c. Although the compadre is not performing an lawful act for not having an illicit relationship with
X’s wife, still he is justified in killing X as his life is in actual danger.
d. B and C
61. X and Y tear down C’s house to stop the fire which breaks out in the midst of many houses because if
they do not demolish the said house the fire would spread and burn other houses thereby causing more
damages. Are X and Y criminally liable?
a. Yes because the practical thing for them to do is contact firemen to prevent the spread of the
fire.
b. No, because they demolished C’s house in order to avoid an evil or greater injury or preventing
the fire spreading to many houses pursuant to Article II, Par. 4, RPC.
c. Yes, because they demolished C’s house in order to avoid an evil or greater injury or not
preventing the fire spreading to many houses pursuant to Article II, Par. 4, RPC.
d. B only
62. The doctor who had to kill a foetus to save the mother where both could not be saved, and he is
running out of time, is not criminally liable because he can invoke.
a. State of Necessity
b. Avoidance of greater evil as the death of the mother is greater than sacrificing the life of the
unborn child.
c. He is exempted from criminal liability
d. All of the above
63. X hit Y with his fist inside a running passenger jeep because Y was snatching his (X’s) watch, and as a
consequence Y fell from the jeep, his head hitting the hard pavement causing his death. X acted in:
a. Lawful exercise of a right and therefore he is exempted from criminal liability
b. Lawful exercise of an office and is exempted from criminal liability
c. Lawful exercise of an office and is not exempted from criminal liability
d. Not lawful
64. The executioner of convicts sentence to die, who would make the lethal injunction on the day and time
scheduled by the Court does so in the lawful…
a. Exercise of an office, thus exempted from criminal liability
b. Exercise of a right, thus exempted from criminal liability
c. Exercise of a right, thus not exempted from criminal liability
d. Exercise of an office but not exemt from liability
65. One night, C, a married young woman, was sound asleep in her bedroom when he felt a man on top of
her. Thinking it was her husband who came home early from his business trip; C let him have sex with her.
After the act, the man said, “I hope you enjoyed it as much as I did”. Realizing that he was not her
husband, he got furious and so she took out her husband’s gun and shot the man. Charged with homicide,
C invoke defense of honor. Decide.
a. Yes C is justified in killing C who through deceit and bad faith was able to sex with her.
b. No C is criminally liable because the unlawful aggression against her honor had already ceased.
c. No C is justified in killing C who through deceit and bad faith was able to sex with her.
d. B and C
66. In mercy killing, is the attending physician criminally liable for deliberately turning off the life support
system consequently costing the life of the patient? Decide.
a. Yes, because euthanasia is neither a justifying nor exempting circumstance.
b. No because he has no intention to kill his patient but only to relive here from further sufferings.
c. Yes because he has no intention to kill his patient but only to relive here from further sufferings
d. Exempted
67. In justifying circumstance, the act committed is lawful hence there is no crime committed and there is
no _______offense.
a. Crime c. Criminal
b. Criminality d. Crimes
68. In exempting circumstance, there was a crime committed, there was a crime committed, there is a
criminal but for reason of _____________ no penal liability shall be imposed on the offender.
a. Criminal c. Public policy
b. Crime d. Public crime
69. Dreaming while sleeping; in a state of somnambulism or sleep walking; high fever due to malignant
malarias and epilepsy are circumstances analogous to insanity or imbecility falling under:
a. Justifying circumstance c. Alternative circumstance
b. Exempting circumstance d. Aggravating circumstance
70. A kleptomaniac was prosecuted for the theft of jewels committed in a jewelry store while she was
attacked by her said sickness. Is she criminally liable?
a. No, being a kleptomaniac is analogous to insanity or imbecility since at the time of stealing there
is complete deprivation of reason or freedom of the will at the time of the commission of the crime.
b. Yes, because she knews what is right and what is wrong and that she even knows that to steal
is wrong.
c. No, because she knews what is right and what is wrong and that she even knows that to steal is
wrong.
d. Only B is the correct answer
71. A man while sleeping dreamed that he was attacked by his enemies. Suddenly he got up, took his bolo,
and killed his wife and wounded his father. Is he criminally liable? Decide.
a. The man is liable even if he did not intent to kill his wife and wounding his father which is
analogous to mistake of identity.
b. No, because he acted under circumstances which are analogous to imbecility or insanity. As a
result of his hallucination he was completely deprived of consciousness of his acts.
c. The man is not liable even if he did not intent to kill his wife and wounding his father which is
analogous to mistake of identity.
d. B or C
72. A person who was compelled to bury the body of one who was murdered by the killers, striking him with
the butts of their guns, threatening to kill him too if he continuous resisting the order, was compelled to do
so, is not criminally liable because:
a. He acted under the compulsion of an irresistible force.
b. He acted under the impulse of an uncontrollable fear of an equal or greater injury.
c. He acted under the compulsion of a resistible force.
d. He acted under the impulse of an uncontrollable fear
73. A with a revolver in his hand threw a knife at B, and ordered him to kill C, a person sleeping nearby
otherwise he will shoot B to death and being terrorized B killed C. Is B criminally liable for murder?
a. No because he acted under the impulse of an uncontrollable fear of an equal or greater injury
b. No because he acted under the compulsion of an irresistible force.
c. Yes because he acted under the impulse of an uncontrollable fear of an equal or greater injury
d. Yes because he acted under the compulsion of an irresistible force.
74. Absolutory causes are causes provided for under the RPC which exempts a person from criminal
liability. They are:
a. Accessories in light felonies
b. Attempted or frustrated felonies not against persons or property
c. Relationship in theft, swindling or malicious mischief
d. All of the above
75. X is driving his car along South Luzon Expressway in the proper lane. He is a duly licensed driver and
driving his car within the limits prescribed by law. He is in good health and not under the influence of liquor.
While driving, he hits a boy who suddenly darted into the highway. He is exempted from criminal liability
because:
a. He was acting in the performance of a duty
b. He was performing a lawful act with due care when he causes an injury without the intention of
causing it.
c. Due to accident
d. B & C only
76. A paramour who was surprised in the act of having sex with a legally married woman cannot invoke
self-defense if he killed the offended and deceived husband who was attacking him with a bolo as the
attack or assault by the offended husband was:
a. Lawful as he was deceived by both the paramour and his wife and so he has to defend his honor
and rights.
b.The paramour knew that he was performing an unlawful and criminal act thereby exposing
himself to the vengeance of the offended spouse.
c. Lawful because he performed a justifiable act act
d. A and B
77. The person defending himself must have been attacked with actual physical force or with actual use of
weapon. Thus insulting words, a light push on the head with the hand, a mere push without physical
assault do not constitute unlawful aggression. But a slap on the face constitute unlawful aggression
because:
a. The face represents a person and his dignity and is a serious personal attack
b. It is a disregard of an individual’s personality
c. A and B
d. All of the above
78. The persons criminally liable for felonies are:
a. Principals c. Accessories
b. Accomplices d. All of the above
79. For light offenses, the persons criminally liable are:
a. Principals c. Accessories
b. Accomplices d. A & B only
80. There are 3 kinds of principals, namely:
a. Principals by induction/inducement c. Principals by direct participation
b. Principals by indispensable cooperation d. All of the above
81. Those who, participating in the criminal resolution, proceeded to the crime scene and personally
execute what they agreed upon or executing said acts, which directly tend to the same end or purpose.
They are called:
a. Principals by direct participation c. Principals by inducement
b. Principals by indispensable cooperation d. All of the above
82. Those who directly induce others to commit the crime, and those who directly forces another to
perpetrate the offense are called:
a. Principals by direct participation c. Principals by indispensable cooperation
b. Principals by inducement d. All of the above
83. Those who cooperate in the commission of the offense by another act without which it would not have
been accomplished.
a. Principals by inducement c. Principals by indispensable cooperation
b. Principals by direct participation d. All of the above
84. One who, not having participated as principal, cooperates in the execution of the offense by previous
or simultaneous act. He is sometimes referred to as accessories before the fact.
a. Accessory c. Principal
b. Accomplice d. All of the above
85. The accessories or accessories after the fact are those who, having knowledge of the commission of
the crime, and without having participated as principals or accomplices, takes part subsequent to its
commission in any of the following manner:
a. Profiting themselves or assisting the offender to profit by the effects of the crime or by
concealing or destroying the body of the crime or the effects or instruments thereof to prevent
its discovery;
b. By harboring, concealing or assisting in the escape of the author of the crime with abuse of
public functions;
c. Whenever a private individual assists in the escape of the offender who committed treason,
murder, parricide, and attempt to kill the President.
d. All of the above
86. X, Y, & Z fired their guns almost simultaneously at the principal victim, resulting in his death and his
driver. Is there conspiracy among the accused in the commission of the crime? Decide.
a. There is conspiracy among the accused X, Y & Z;
b. Simultaneous firing indicate unity of action, intention and execution of the act as in conspiracy
proof of previous agreement is not necessary;
c. Individual liability only of the accused;
d. No conspiracy;
87. X is driving his car with a duly issued drivers licensed. X is in the proper lane and within the limits
prescribed by law, who hits a boy who suddenly darted into the street. X is not criminally liable because of
exempting circumstance due to:
a. Accident c. Prevented to perform by lawful cause
b. Absolutory cause d. Habituality or reiteration
88. A kidnapped a boy and demanded a ransom of P100, 000.00 from the boy’s parents. In time, the
ransom was paid and the victim was released. When X (A’s adopted brother) learned that A was being
hunted by the police for kidnapping, he (X) took (A) into his house and concealed him. A was able to elude
the police. What is the criminal liability of A. if any?
a. No criminal liability as she was within the degree exempt from criminal liability.
b. Principal
c. Accessory
d. Accomplice
89. A proposed to B that they rob a certain store, to which B agreed. Later, however, B undertook the
robbery alone and made off with P20, 000.00. The following day, after making some shallow explanation, B
apologized to A and gave the latter P2, 000.00, which A somewhat grudgingly accepted. What is A’s
liability, if any?
a. Principal c. Accomplice
b. Accessory d. A & B only
90. To be appreciated as mitigating, it must be made to person in authority or his agent; it may be present
if made after the issuance of a warrant of arrest, but before actual arrest is made.
a. Voluntary surrender c. Habituality of reiteration
b. Recidivism d. Treachery
91. It is one, which, under the law existing at the time of its commission and at the time of the application
to be admitted to bail, may be punished by death, although a lower penalty than death may be imposed
after conviction.
a. Complex crime c. Capital offense
b. Civil interdiction d. Continuous offense

92. Is a kind of crime which is committed by a person who performs an act which would be an offense
against persons or property, were it not for the inherent impossibility of its accomplishment or on account of
the employment of inadequate or ineffectual means.
a. Complex crime c. Prescription of crime
b. Impossible crime d. Prescription of penalty
93. This means at least two convictions are enough. The crimes are not specified; it is enough that they
be embraced under the same title of the RPC.
a. Recidivism c. Habituality or reiteration
b. Treachery d. Principles
94. In this kind of aggravating circumstances, at least 3 convictions are required. There is a time limit of
not more than 10 yrs between every conviction. The crimes are limited to serious physical injuries, less
serious physical injuries, robbery, theft, estafa or swindling and falsification.
a. Treachery c. Recidivism
b. Habitual delinquency d. Principles
95. This kind of aggravating circumstances is present when a person commits any of the crimes against
person, employing such 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. Treachery c. Accessories
b. Principals’ d. Accomplishes
96. It is one for which the law impose a single punishment for various offenses. It is committed in either of
two ways; when a single act constitutes two or more grave or less grave offenses; or when an offense is a
necessary means for committing another.
a. Continuous offense c. Capital offense
b. Complex crime d. Impossible crime
97. X rapes a woman, and Y, public officer with abuse of his authority, assisted X in his escape. Y is liable
as:
a. Accomplice c. Accessory
b. Principal d. Principal by inducement
98. Where A, knowing that B & C had killed X, buried the corpse of X to prevent the discovery of the killing.
A is liable as:
a. Accomplice c. Principal by direct cooperation
b. Accessory for destroying the body of the crime d. All of the above
99. A, with a revolver, shot B, missing him but the bullet hit and killed A’s father. A committed the crime of
Attempted Homicide with Parricide. What type of crime was committed?
a. Complex crime c. Special crime
b. Compound crime d. All of the above
100. X, a Municipal Treasurer, received P10, 000.00 from a taxpayer. He placed in the duplicate original of
the receipt he issued the amount of P1, 000.00 only and then misappropriated the difference of P9, 000.00.
X is guilty of Malversation through Falsification of Public Document. What type of crime was committed?
a. Complex crime proper c. Compound crime
b. Special crime d. All of the above
CRIMINAL LAW (BOOK 2)
1. This felony is a breach of allegiance, which is the obligation of fidelity and obedience a citizen, owes to
the government or sovereign in return for the protection he enjoys and receives
A. Aid and comfort C. Misprision of treason
B. Treason D. Adherence to the enemy
2. A citizen who intellectually or emotionally favors the enemy and harbors sympathies or connections
disloyal to his country’s interest or policy is guilty of:
A. Treason C. Adherence to the enemy
B. Aid and comfort D. Misprision of treason
3. This is committed by any person who, without authority therefore enters a warship, fort, or a 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 Philippines, etc.:
A. War crime C. Rebellion
B. Sedition D. Espionage
4. The Two-Witness Rule imports the degree of proof necessary to convict an accused of the crime of:
A. Levying war C. Sedition
B. Treason D. Rebellion
5. When a public officer deprives a person of his liberty without any legal ground, such officer may be held
answerable for:
A. Illegal Detention C. Arbitrary Detention
B. Expulsion D. Abuse of Power
6. A public officer or employee who, not being authorized by judicial order, enters any dwelling against the
will of the owner thereof, shall search the premises without the previous consent of the owner, or having
surreptitiously entered the dwelling and when asked to leave refuses to do so, is liable for the crime of:
A. Expulsion C. Probable Cause
B. Violation of Domicile D. Trespass to Dwelling

7. In this crime, there is a public and tumultuous uprising in order to attain by force, intimidation, or any
other means, like the prevention of the execution of laws or the holding of an election
A. Direct Assault C. Rebellion
B. Treason D. Sedition
8. When a person attacks, employs force, seriously intimidates or seriously resists a person in authority or
his agent while engaged in the performance of official duties or on the occasion of said performance, he
can be charged with:
A. Resistance C. Direct Assault
B. Indirect Assault D. Sedition
9. The act of diminishing, by ingenious means, the metal content in the coin may give birth to an
accusation called:
A. Forgery C. Falsified
B. Mutilation of coin D. False or counterfeit coin
10. Persons directly vested with jurisdiction, whether as individuals or as members of some court or
government corporations, board or commission, are denominated:
A. Governmental Officers C. Public Officers
B. Persons in Authority D. Agents of Persons in Authority
11. This is the willful and corrupt assertion of falsehood under oath of affirmation, administered by authority
of law on a material matter:
A. Fraud C. Perjury
B. False Testimony D. Story-telling
12. For the act to be punishable in this act of falsification of document, there must be a showing that some
prejudice or damage to a third party had been caused or intended to be caused.
A. Falsification of commercial document C. Falsification of public document
B. Falsification of private document D. Falsification of official document
13. This is the act of a person who knowingly offers in evidence a false witness or testimony in any judicial
or official proceeding.
A. Perjury C. False Testimony
B. Subordination of Perjury D. Indirect Bribery
14. A public officer who agrees to commit a criminal offense in connection with the exercise of the powers
of his office in consideration of a price, reward, promise or gift is indictable for:
A. Estafa C. Direct Bribery
B. Moonlighting D. Indirect Bribery
15. This is the felony wherein a public officer does not account for what he collects as a governmental
employee and instead misappropriates the fees collected.
A. Malversation C. Estafa
B. Illegal Exaction D. Corruption of Public Official
16. In this crime, a public officer who has under his custody or charge a prisoner-serving sentence by final
judgment or detention prisoner and such officer connives with or consents to the escape of such prisoner.
A. Jailbreak C. Infidelity in the custody of prisoner
B. Evasion of service of sentence D. Dereliction of duty
17. A convict who escapes while serving his sentence by final judgment is committing another crime
called:
A. Infidelity in the custody of prisoner C. Evasion of service of sentence
B. Jailbreak D. Discarte
18. A father who intentionally kills his son who is only less than three (3) days old is guilty of the crime of:
A. Murder C. Infanticide
B. Parricide D. Homicide
19. A Moro, with four wives who are all living, who kills by poison the third wife married by him is
answerable for:
A. Parricide C. Homicide
B. Murder D. Death under exceptional circumstances
20. A grandson who kills his illegitimate grandfather is guilty of:
A. Homicide C. Murder
B. Parricide D. Euthanasia
21. In seduction and qualified seduction, excepting when the victim is either the daughter or sister of the
offender, the woman seduced must be:
A. Over 10 but less than sixteen year of age
B. Over Thirteen but fewer than 19 years of age
C. Over 12 but less than 18 years of age
D. Over 15 but less than 20 years of age
22. The taking of personal property against the will of its owner and attended by violence against or
intimidation of person or force over things is:
A. Theft C. Robbery
B. Estafa D. Coercion
23. In this crime, the offender employs ingenuity or cunning in order to deprive the victim of his money or
property:
A. Robbery C. Theft
B. Land grabbing D. Estafa or Swindling
24. This felony is characterized by a public and malicious imputation of a crime, or of a vice or defect real
or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor,
discredit, or contempt of a natural or judicial person, or to blacken the memory of one who is dead.
A. Innuendo C. Libel
B. Violation of Privacy D. Black mail

25. Planting evidence by a police officer on an innocent person arrested by the former constitutes:
A. Intriguing against honor C. Incriminatory machination
B. Black mail D. Extortion
26. It is qualified theft when the coconuts stolen are taken from the:
 A. Marketplace C. Residence
B. Premises of the coconut plantation D. Police Station
27. When a Municipal Treasurer collects payment of taxes from a citizen without issuing receipt therefore,
such treasurer is liable for:
A. Malversation C. Theft
B. Estafa D. Illegal Exaction
28. A concubine once proven guilty is punishable by:
A. Two (2) years imprisonment C. Destierro
B. Six (6) months imprisonment D. Fine of P3, 000.00
29. Removing, concealing or destroying any court record is:
A. Malicious Mischief C. Estafa or Swindling
B. Theft D. Falsification
30. A legitimate grandmother killing her granddaughter who is three (3) days old is guilty of:
A. Infanticide C. Parricide
B. Murder D. Homicide
31. Those directly vested with the jurisdiction to govern and execute the laws whether as individuals or as
members of some court or government corporations board or commission.
A. Public officer C. False testimony
B. Persons in authority D. None of the above
32. Three men broke into a National Authority (Government Entity) forcibly destroyed the lock of the
warehouse and lamented sufferings of the people within the area. Thus, they called on the people to help
them by eating all they could and then to empty the warehouse of all the goods stored therein. The 3 men
did not even help themselves to a single grain or any good. What crime was committed?
A. Direct assault C. Sedition
B. Indirect assault D. All of the foregoing
33. X is Division Superintendent of Schools of the Bureau of Public Schools. While he was working in his
office, Y gave him a fist blow on the left temple. He suffered an injury. The assault was due to a standing
grudge of Y for X’s blocking his promotion.
a) If the injury is slight physical injury, what crime was committed?
A. Direct assault C. Slight physical injuries
B. Indirect assault D. All of the above
b) If the injury was serious physical injury, what crime was committed?
A. Direct assault w/physical injuries C. Maltreatment
B. Serious physical injuries D. None of the above
34. Women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct are
deemed to be?
A. Vagrant C. None of the above
B. Prostitutes D. All of the above
35. a) A is convicted for homicide and was sentenced to suffer an imprisonment from 14 years and 1 day to
17 years. While serving his sentence he was allowed to escape from his cell: a) If the offender is the
custodian of the convicted prisoner what crime was committed?
A. Infidelity in the custody of prisoners C. Delivering prisoners from jail
B. Evasion of service D. All of the above
b) If the offender is not the custodian at the time of the escape of said prisoner, what crime was
committed?
A. Evasion of service C. No criminal liability
B. Delivering prisoners from jail D. All of the above

c) What is the liability of the convicted prisoner serving his sentence?

A. Evasion of service C. None of the above
B. Delivering prisoners from jail D. All of the above

36. Any person who, by direct provision of the law, election or appointment by competent authority, shall
take part in the performance of public functions in the government or in any of its branches public duties
shall be deemed to be a:
A. Private individual C. None of the above
B. Public officer D. All of the above
37. It is committed by a public officer in charge of the collection of the taxes, licenses, fees and etc by
demanding an amount different or larger than that due the government; failing to issue a receipt as
provided by law or receiving payment objects different from that provided by law.
A. Illegal exaction C. Maturation
B. Estafa D. None of the above
38. A, who is the private complainant in a murder case pending before a Regional Trial Court, gave to the
presiding judge a Christmas gift, consisting of big basket of assorted goods and fruits as well as expensive
imported wines worth P20, 000.00. The judge accepted the gift knowing it came from A. What crime or
crimes were committed?
A. Direct bribery C. Qualified bribery
B. Indirect bribery D. None of the above

39. An unlicensed firearm was confiscated by a policeman. Instead of turning over the firearm to the
property custodian for the prosecution of the offender, the policemen sold the firearm. What crime was
committed?
A. Malversation C. Anti-Fencing Law
 B. Qualified theft D. All of the above
40. A government cashier did not bother to put the public fund in the public vault but just left it in the drawer
of his table, which has no lock. The next morning when he came back, the money was already gone. What
crime was committed?
A. Technical Malversation C. No criminal liability
B. Malversation D. All of the above
41. A party to a case approached the court’s stenographer and proposed the idea of altering the transcript
of stenographic notes. The court stenographer agreed and he demanded P3, 000.00 even before the
stenographer could alter his notes. What crime was committed?
A. Direct bribery C. Indirect bribery
B. Qualified bribery D. All of the above
42. While manning the traffic lights at the Intersection of España and Washington St., Patrolman “X”
ordered “Y” to stop his taxi, threatened to arrest him and confiscate his driver’s license for allegedly over
speeding and reckless driving. Familiar with the dirty ways of some traffic policeman, “Y” pulled out his
wallet, picked up his driver’s license with the hidden P200.00 inside the same and handed it to Patrolman
“X”. Thereafter, the Patrolman returned to “Y” his license and allows him to go. What crime did Patrolman
“X” commit?
A. Indirect bribery C. Robbery extortion
B. Direct bribery D. Corruption of public officer
43. Under Art. 156 (Delivering prisoners from jail, it is possible that three persons are involved. They are
the stranger, the custodian of the prisoner and the prisoner. In this case, there are three crimes committed.
44. ) If the offender is the custodian, the crime committed is _____?
A. Infidelity in the custody of the prisoners C. Evasion of service
B. No criminal liability D. None of the above
45. ) If the offender is a stranger even if he is a public officer, the crime committed is:
A. Evasion of service C. All of the above
B. Delivering prisoners from jail D. None of the above
46. ) If the prisoner who escapes is a convict, the crime committed is _____?
A. No criminal liability C. Evasion of service
B. Delivering prisoners from jail D. All of the above
47. ) However, if the prisoner is not a convict but a detention prisoner he is not criminal liable.

48. But if the detention prisoner conspires with the one letting his escapes said prisoner is liable for _____
as principal by indispensable cooperation.
A. Delivering prisoners from jail C. Evasion of service
B. Infidelity in the custody of the prisoner D. None of the above
49. An armed group, avowed to overthrow the duly constituted authorities, captured five officers and
members of the armed forces and held them in their hideout for 50 days and then voluntarily released them
in consideration of the promise of medical treatment to be given to heir comrades who were under
detention by the authorities. What crime was committed?
A. Rebellion C. Coup d’etat
B. Sedition D. All of the above
50. In the early morning of June 1, 2005, the troops of soldiers and officers of the AFP headed by Colonel
“X”, stationed at Camp Aguinaldo, Q.C. withdrew firearms and bullets and attacked, in separate teams, the
offices of their chief of staff, the Deputy Chief of Staff for operations and intelligence and other offices, held
hostage of some of their senior officers, killed some pro-government soldiers, inverted the Philippine flag,
barricaded all entrances and exits of the Philippine Army. Because of the superiority of pro-government
forces. Colonel “X” and his troops surrendered at 10:00 in the morning of that day. What crimes were
committed?
A. Rebellion D. Conspiring to commit rebellion
B. Coup d’etat’ C. Sedition
51. A group of soldiers and policemen tried to serve a warrant of arrest to a group of persons wanted for
several crimes committed. Instead of surrendering and submitting themselves to the authorities, they
resisted the service of the warrant by force but later on they were repelled or overpowered. What crime was
committed?
A. Rebellion C. Conspiracy to commit sedition
B. Sedition D. All of the above
52. X, disobeying a court order, was punished by the judge for contempt. He waited for the judge to go out
his office. Upon seeing the judge, X hurriedly approached him, and without saying a word struck him with
his fist causing a slight injury on the face of the judge. What crime was committed?
A. Direct assault upon a person in authority C. Slight Physical injuries
B. Physical injuries D. All of the above
53. X was charged with slight physical injuries. He listened attentively as the judge read the sentence.
When the judge reached the dispositive portion and pronounced X guilty, X became angry, got hold of an
astray, and threw it at the judge hitting him in the eye which is tantamount to laying hands on the judge who
is a person in authority. What crime was committed?
A. Qualified direct assault with serious physical injuries C. Serious physical injuries
B. Direct assault D. All of the above

54. This crime is committed by a public officer, whenever there is pending before him matter in which
woman is interested or with respect thereto, he is required to submit a report to or consult with a superior,
and he solicits or makes an indecent or immoral advances upon said woman.
A. Acts of lasciviousness C. Coercion
B. Abuses against chastity D. Unjust vexation
55. It is the act of a person of marrying for the second time, before the former marriage has been legally
dissolved or before the absent spouse has been judicially declared presumptively dead.
 A. Polygamy C. Immorality
B. Bigamy D. All of the above
56. It is one containing matters which would, under the law, be considered defamatory and therefore
actionable but for the occasion and circumstances under which they are made.
A. Libel C. Blackmail
B. Slander D. Privileged communication
57. These acts of punishable by law are either intended to directly impute to an innocent person the
commission of crime, or which are calculated to blemish the honor or reputation of a person by means of
intrigue.
A. Incriminatory machinations C. Blackmail
B. Slander or oral defamation D. All of the above
58. A police officer surreptitiously placed a marijuana cigarette in the pocket of the polo shirt of a student
and then arrested the student for illegal possession of marijuana cigarette. What crime or crimes did the
police officer commit?
A. Incriminatory machination w/unlawful arrest; C. Illegal arrest
B. Illegal detention; arbitrary detention; D. All of the above
59. A woman who has given birth to a child abandons the child in a certain place to free herself of the
obligation and duty of rearing and caring for the child. What crime did the woman commit?
A. Simulation of birth C. All of the above
B. Abandoning a minor D. None of the above

60. Suppose that the purpose of the woman in abandoning the child is to preserve the inheritance of her
child by a former marriage, what then is the crime committed?
A. Simulation of birth; substitution of one child for another;
B. Concealing or abandoning any legitimate child with intent to cause such child to lose
its civil status;
C. All of the above
D. None of the above
61. Is or may be defined as the speaking of defamatory words or the performance of acts, actuated by
malice, which tend to cause dishonor, discredit or contempt of natural or judicial person to the prejudice of
the latter’s reputation; office; business, or trade.
A. Incriminatory machination C. Privileged communication
B. Blackmail D. Slander or oral defamation
62. It is a public and malicious imputations of a crime, or of a vice or defect, real or imaginary, or any act
omission, condition, status, or circumstances tending to cause the dishonor, discredit, or contempt of a
natural or judicial person, or to blacken the memory of one who is dead.
A. Blackmail C. Innuendo
B. Violation of privacy D. Libel
63. In an Article published in a newspaper, the writers called X a bastard, a leper, a coward, a criminal, a
rapist and a drug addict. What crime is committed?
A. Slander C. Defamation
B. Libel D. All of the above
64. Kissing a girl in public and touching her breast without lewd designs committed by a rejected suitor to
cast dishonor on the girl, what crime was committed?
A. Slander C. Oral defamation
B. Slander by deed D. All of the above
65. Calling a person a gangster. What crime is committed?
A. Simple slander C. Libel
B. Defamation D. All of the above
66. X goes to a sauna parlor and finds a descendant of 22 yrs old, and despite that, X had sexual
intercourse with her. What crime was committed?
A. Qualified seduction C. Consented seduction
B. Seduction D. No crime was committed
67. X is the head of a family. Living with them in the house is a cousin of his wife, a virgin under 18 years
old but over 12 years. X had a sexual intercourse with the cousin of her wife. What crime was committed?
A. Seduction C. Seduction w/consent
B. Qualified seduction D. All of the above
68. X went to the house of his fiancée of 17 yrs old, her parents being absent, and waiting of that
opportunity, with a renewal of his promise to marry her, he succeeded in having sexual intercourse with
her. What crime was committed?
A. Seduction C. None of the above
B. Qualified seduction D. All of the above
69. A, B, C grabbed a girl of 16 years old and then dragged her to a nearby town. There she was raped by
A, B & C. What crime was committed?
A. Kidnapping with rape C. Coercion w/rape
B. Forcible abduction with rape D. All of the above

70. A girl, 16 yrs old, went to the house of his boyfriend. When the man woke up, he was surprised to find
her beside him on the bed. As they were in love with each other, they had sexual intercourse without the
man promising anything to the girl. What crime was committed?
A. Abduction C. Consented abduction
B. Seduction D. No crime was committed
71. When a woman is kidnapped with lewd or unchaste designs, the crime committed is:
A. Forcible abduction C. Illegal detention
 B. Kidnapping D. Coercion
72. When the kidnapping is without lewd designs, the crime committed is:
A. Illegal detention C. Forcible abduction
B. Coercion D. All of the above
73. But where the offended party was forcibly taken to the house by the offender to force her
to marry him, the crime committed is:
A. Coercion C. Forcible abduction
B. Illegal detention D. None of the above
74. If a girl, below 12 yrs old:
Agreed to the elopement, what crime was committed?
A. Forcible abduction C. Illegal detention
B. Kidnapping D. Coercion
75.) After the voluntary elopement with the girl below 12 yrs old, she and the man had sexual
intercourse, what crime was committed?
A. Forcible abduction with rape C. Kidnapping w/rape
B. Rape D. None of the above
76. X, by means of promises of marriage, induces a minor of 19 yrs old to leave her house and then had
sexual intercourse with her and immediately thereafter she returns to her dwelling, what crime was
committed?
A. Consented abduction C. Rape
B. Seduction D. No crime committed
77. A 15 yr-old girl was induced to leave her home and later forcibly raped by the inducers. What crime was
committed?
A. Consented abduction with rape C. Forcible abduction w/rape
B. Rape D. All of the above
78. A issued a check in favor of B for a debt he has incurred a month or so ago. When the check was
presented for payment, it was dishonored. What crime is committed?
A. Estafa C. Theft
B. Violation of Bouncing Check Law D. All of the above
79. Supposing, A approach his friend B and told B to deliver to him P10, 000.00 and A would issue in his
favor a check in the sum of P11, 000.00 as it was a Sunday and A needed the cash urgently. B gave P
10,000.00 to A having in mind the profit of P1, 000.00 when he encashes the check the following Monday.
However, when the check was presented for payment the check bounced or dishonored. What crime was
committed?
A. Estafa and violation of Bouncing Check Law C. Theft
B. No criminal liability D. All of the above
80. This crime is committed in time of peace by rising publicly with arms against the government for the
purpose of removing from the allegiance to said government or its laws, the territory of the Philippines or
any part thereof, of any body of land, naval or other armed forces, or depriving the Chief Executive or the
Legislative, wholly or partially, of any of their powers or prerogatives.
A. Treason C. Direct assault
B. Rebellion D. Indirect assault
81. There is public and tumultuous uprising in order to attain by force, intimidation, or any other means, like
the prevention of or execution of laws or the holding of a popular election.
A. Sedition C. Direct assault
b. Rebellion D. Indirect assault
82. This crime is committed by attacking, employing force, seriously intimidating or seriously resisting any
person in authority or his agent, while engaged in the performance of official duties or on the occasion of
said performance.
A. Direct assault C. Indirect assault
B. Rebellion D. Resistance
83. This crime is committed upon a private person who comes to the aid of an agent of a person in
authority on direct assault committed against the latter.
A. Indirect assault C. Resistance
B. Direct assault D. All of the foregoing
84. Under Art. 122, Revised Penal Code, the crime of Piracy is committed by:
a. Non-member of the complement of the vessel & Non-passenger of the vessel
b. Crew members of the vessel
c. All of the above
d. None of the above
85. Under R.A. 7659, PD 532 and Art. 122, RPC, the crime of Piracy shall be committed by:
a. Member of the crew
b. Non-members of the vessel
c. Passenger of the vessel
d. B & C only

86. Piracy is committed by attacking the vessel on _____ or seizing it while on board a vessel, its cargo,
equipment or personal belongings of its complement or passenger.
a. High seas c. A only
b. In Philippine waters d. A & B
87. The essence of Piracy is robbery in a vessel or using with force upon things or with violence or
intimidation against persons or robbery;
a. Robbery c. Theft
b. Piracy d. A & C only
88. Whenever the pirates have abandoned or seized a vessel by firing upon it or whenever the crime is
accompanied with murder, homicide, physical injuries or rape the crime committed is:
a. Qualified mutiny c. Qualified Piracy
b. Piracy d. A & B only
89. Republic Act (RA) 6235 is otherwise known as:
a. Piracy c. Qualified Piracy
b. Anti-Hi-Jacking Law d. A & C only
90. A PAL aircraft is bound for Cebu Pacific. While the pilot and co-pilot are taking their snacks at the
airport canteen, some armed men were also there who followed the pilots in going to the aircraft. As soon
the pilots entered the cockpit, they pulled their firearms and compelled the pilots to fly the aircraft to
Zamboanga and ordered the exteriors doors of PAL be closed and so all exterior doors were closed. But in
a short while the offenders were apprehended. The crime committed is:
a. Violation of the Anti-Hi-Jacking Law because the aircraft is in flight already as the exterior
doors were closed;
b. The Anti-Hi-Jacking does not apply because the aircraft is not yet in flight hence, the crime
committed is grave threat or grave coercion;
c. Piracy
d. Qualified Piracy
91. After all the passengers of Cebu Pacific aircraft have boarded already and the exterior doors were
already closed; a passenger was shot or killed in the course of hi-jacking the airplane. What crime was
committed?
a. Violation of Anti-Hi-Jacking Law
b. Murder as the Anti-Hi-Jacking Law does not apply
c. Piracy
d. Qualified Piracy
92. The offenders threatened to explode a bomb inside the airplane after its passengers have already
boarded and the exterior doors were all closed if the pilots refused to start the engine and to fly it in
Communist China. The crime committed is:
a. Anti-Hi-Jacking Law since airplane is already in flight;
b. Grave threat and coercion were committed because the Anti-Hi-Jacking does not apply;
c. A and B
d. All of the above
93. The pilots of the Cathay Pacific aircraft were approached by 2-armed men and told to proceed to the
aircraft to fly it to foreign destination. The armed men and the pilots went together on board the airplane.
But before all the passengers could board the aircraft and while exteriors doors were able to disarm said
armed men before they could do something. What crime is committed?
a. Hi-jacking is committed in violation of Anti-Hi-Jacking Law because the aircraft is of foreign
registry;
b. Hi-Jacking is not committed because the plane is not yet in flight;
c. The crime committed is grave threat or grave coercion
d. B and C only
94. The meanings of absence of legal grounds in arresting and detaining a person by a public officer who
is vested with authority to arrest and detain a person:
a. No crime was committed by the detained person;
b. There is no violent insanity of the detained person;
c. The detained person has no ailment requiring compulsory confinement in a hospital;
d. All of the above
95. A public officer shall commit illegal detention and not arbitrary when:
a. When his duty or function does not include the power to arrest and detain a person;
b. Acting in a private capacity or beyond the scope of his official duty;
c. He becomes an accomplice or accessory to the crime committed by a private person;
d. All of the above
96. A janitor, a public employee at Pasay City Hall was assigned to clean toilets in the Office of the
Treasurer. One day, he noticed a fellow urinating carelessly, partly at the bowl and on the floor. The janitor
got angry and so he locked the toilet while the man was still urinating. The man was freed from the toilet
after several hours. The janitor is liable for:
a. Arbitrary detention c. Unlawful arrest
b. Illegal detention d. A & C only

97. When a person is arrested without a warrant, it means that there is no case filed in court yet. If the
arrest is by virtue of a warrant, it means that there is already a case. While delivery of the arrested person
to the proper authorities does not mean physical delivery of the arrested person to the court but simply
means:
a. Putting arrested person under the jurisdiction of the court;
b. By filing the compliant or information against the person arrested in court within 12, 18 or 36
hours, as the case be, depending on whether the crime is punished by light, correctional or
afflictive penalty or their equivalent;
c. All of the above
d. None of the above
98. B arrested C without legal ground and for the purpose of delivering him to the proper authorities. If the
arrest is made without a warrant and under circumstances not allowing a warrant less arrest just so to
charge him for a crime he did not commit, the crime committed is:
a. Illegal arrest c. Unlawful arrest
 b. Illegal detention d. All of the above
99. If the person arrested is not delivered to the authorities, the private individual making the arrest incurs
criminal liability for:
a. Unlawful arrest c. Arbitrary detention
b. Illegal detention d. All of the above

100. If the offender is a public officer is vested with power to arrest and detain and he detained a person
without legal grounds, the crime committed is:
a. Unlawful detention c. Illegal detention
b. Arbitrary detention d. All of the above

CRIMINAL PROCEDURE
1. The examination before a competent court or tribunal, according to the laws of the land, of the facts in
issue for the purpose of determining such issue.
a. Pre- Trial b. Arraignment c. Trial d. New Trial
2. One of the following is not included as a reason for the postponement of trial.
a. That the witness is really material to which the court agrees
b. That no similar evidence could be obtained without negligence on the party applying for
postponement
c. That the court docket is full
d. None of the above
3. When the court is satisfied, upon proof or oath, that a material witness will not testify when required, it
may upon motion of either party order the witness to:
a. To be excused c. To post bail
b. To be included in the information d. A&B
4. In this jurisdiction, when two or more accused are jointly charged with any offense, they shall be tried
jointly. Separate trial is:
a. Within sound discretion of the court c. Statutory requirement
b. Mandatory d. Constitutional Requirement
5. To be state witness, one of the accused must voluntarily execute a sworn statement in support of his
discharge. If the court denies the motion to discharge said accused filed before the prosecution rests its
case, his sworn statement shall be:
a. Admissible in evidence
b. Inadmissible evidence
c. Conditionally admitted as material evidence
d. Conditionally admitted
6. The number of days the accused has to prepare for trial after a plea of guilty is entered.
a. Within 30 days c. Within 20 days
b. At least 15 days d. Within 60 days
7. The time of trial shall commence:
a. Within 30 days from receipt of the pre-trial order
b. Within 45 days from receipt of the pre-trial order
c. Within 20 days from receipt of the pre-trial order
d. Within 15 days from receipt of the pre-trial order
8. The status of an essential witness whenever his whereabouts are unknown or his whereabouts cannot
be determined by due diligence:
a. Unavailable b. Absent c. Hostile d. Adverse
9. One reason for the re-opening of trial of a case.
a. Newly discovered evidence
b. The appearance of an essential witness
c. To avoid miscarriage of justice upon motion and with hearing
d. None of the Above

10. After the prosecution has rested its case, the accused files a motion to dismiss, with or without leave of
court; this rule is known as:
a. Bill of particular c. Demurrer to evidence
b. Summary proceeding d. Trial
11. The entire trial period should not exceed _______ from the first day of trial, except if authorized by
special law or by the SC circulars.
a. 120 days c. 150 days
b. 180 days d. 60 days
12. As a general rule, the silence of the accused should not prejudice him, except:
a. If the prosecution has already established a prima facie case
b. If the defense of the accused is an alibi
c. All of the above
d. None of the above
13. After the prosecution rested its case, the accused filed a demurrer to evidence. Would double jeopardy
be a valid defense if he is charged again with the same offense against?
a. No, because the dismissal is with his consent or upon his own motion
b. Yes, because the dismissal is tantamount to acquittal
c. The case was not terminated on its merits hence double jeopardy does not apply
d. The case was terminated on its merits hence double jeopardy does not apply
14. 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 provided for by law on the accused.
a. Sentence c. Acquittal
b. Interlocutory d. Judgment
15. In a judgment of acquittal, the court has:
 a. Authority to reprimand
b. No authority to reprimand the accused
c. Authority to call a conference the counsels of the prosecution and defense
d. All of the above
16. In case of acquittal, the judgment shall make a finding on the civil liability of the accused in favor of the
offended party, except when:
a. The guilty party dies before judgment
b. There is a clear showing that the act from which the civil liability might arise did not exist
c. All of the above
d. A&B
17. The court may modify its judgment of conviction only:
a. Before the decision becomes final
b. On motion of the accused and on motion of the prosecution
c. Motu propio the Court with the consent of the accused
d. All of the above
18. The effect of failure of the accused to quash a duplicitous information, the court may
a. Acquit him as this is a violation of the rules on duplicity of offenses
b. Convict the accused of as many offenses as are charged and proved there being a waiver
therein
c. Impose on him the penalty for each offense, setting out separately the findings of fact and law
in each offense.
d. B & C
19. An accused can be convicted of an offense only when it is both charged and proved, except where
there is a variance of the offense charged, and that proved and the offense charged necessarily
includes in or is necessarily in the offense proved the rule is that the accused can be convicted only of:
a. Of the graver offense whether it is the one charged or proved
b. Of the lesser offense whether the lesser offense is the one charged or proved
c. Two offenses with the corresponding penalty
d. All of the above
20. X was charged with murder but during the trial the offense proved was homicide. What would be the
decision of the judge?
a. The court will convict the accused only for homicide
b. Dismiss the case there being a variance of offense charged and proved
c. All of the above
d. None of the Above
21. Suppose, the charge is homicide, but during the trial the offense proved is murder. What would be the
decision of the court?
a. Dismiss the case there being variance of the offense charged and the offense proved
b. Convict the accused only of homicide because homicide is necessarily included in the offense
proved
c. All of the above
d. A & B

22. Is a verbal judgment valid?

a. Yes, because it is promulgated in open court and in the presence of the accused
b. No, because it was incomplete, not signed by the judge and does not contain findings of fact
and law.
c. All of the above
d. None of the above
23. Which of the following does not constitute civil liability arising from crime committed:
a. Atty. Fees c. Actual damages
b. Exemplary damages d. Moral damages and Loss of earning capacity
24. An offense charged necessarily includes an offense proved when:
a. Some of the essential elements or ingredients of the offense charged constitute the offense
proved
b. When the essential ingredients of the offense charged constitute or form part of the elements
constituting the offense proved
c. All of the above
d. A & B
25. An offense charged is necessarily included in the offense proved when:
a. Some of the essential elements or ingredients of the offense charged constitute the offense
proved
b. When the essential ingredients of the offense charged constituted or form part of the elements
constituting the offense proved
c. All of the above
d. A & B
26. X was charged with rape. What was proved was qualified seduction. Can X be convicted of qualified
seduction?
a. No, although qualified seduction is a lesser offense than rape, the elements of the two offenses
are different
b. Yes, X can be convicted of qualified seduction because it is a lesser oofense than rape
c. All of the above
d. None of the above
27. The judgment is promulgated:
a. By reading it in its entirely in the presence of the accused
b. By any judge of the court in which it was rendered
c. By the court’s sheriff
 d. A & B only
28. A judgment may be validly promulgated in absentia:
a. If the conviction is for a light offense
b. If the accused fails to attend the promulgation despite notice
c. If he jumped bail or escaped from prison
d. All of the above
29. A judgment of conviction may be modified by the court that rendered it:
a. Upon motion of the accused
b. Before judgment has become final
c. After the lapse of perfecting an appeal
d. A & B only
30. A judgment of acquittal becomes final
a. After 15 days from promulgation
b. After entry in the criminal docket
c. Immediately upon promulgation
d. A & B only
31. A judgment of conviction shall become final:
a. After the lapse of the period for perfecting an appeal and When the sentence has been partially
or totally satisfied/served
b. When accused has waived in writing his right to appeal
c. When the accused has applied for probation
d. All of the above
32. Which of one is not a requisite of the first jeopardy?
a. There is a valid information
b. Information filed in a court of competent jurisdiction
c. There is a valid arraignment and plea
d. The case was dismissed upon motion or with the express consent of the accused

33. A crime was committed in Makati. The case was filed in Pasay City. When the prosecution realized that
the complainant should have been filed in Makati, he filed the case in Makati. Can the accused invoke
double jeopardy? No, on the ground that:
a. The court in Pasay had no jurisdiction
b. The accused was in no danger of being placed in jeopardy
c. The case in Pasay City was dismissed without his express consent
d. A & B only
34. Which statement is not correct or wrong?
a. A complaint or information is valid, if it can support a judgment of conviction
b. If the information is valid, if it can support an acquittal
c. If the information is not valid, the right of the accused to be informed of the nature and cause of
the accusation against him
d. If the information is not valid, the conviction of the accused is null and void and there can be no
first jeopardy.
35. X was charged with Estafa. Later, the case was dismissed provionally with the consent of the accused.
Can another estafa case be filed against X before the temporary dismissal becomes permanent without
placing him in double jeopardy? Yes, because:
a. There was a previous provisional dismissal;
b. There was no conviction or acquittal or unconditional dismissal of the case
c. A provisional dismissal such as the above case does not validly terminate the first jeopardy
d. B & C only
36. As a general rule, a dismissal upon motion of the accused or his counsel negates or denies the
application of double jeopardy. However, a dismissal even with the express consent of the accused but
such dismissal is equivalent to acquittal which would entitle the accused to invoke double jeopardy in
the following:
a. Dismissal due to insufficiency of evidence
b. Dismissal due to unreasonable delay which constitutes a violation of the right of the accused to
speedy trial
c. Dismissal based on demurrer to evidence
d. All of the above
37. The conviction of the accused of an offense shall not be a bar to another prosecution for an offense
which necessarily includes the offense charged in the former information under any of the following
circumstances:
a. The graver offense developed due to supervening fact arising from the same act or omission
constituting the former charge;
b. The facts constituting the grave offense became known or were discovered only after a plea
was entered in the former information
c. The plea of guilty to a lesser offense was made without the consent of the prosecutor and the
offended party, except if the offender party fails to appear at the arraignment;
d. All of the above
38. X is charged with frustrated homicide. After arraignment and a plea of guilty were entered, the victim
dies. Can X be charged with homicide? Answer: Yes:
a. If the death of the victim can be traced to the acts of X, and the victim did not contribute to his
death with his negligence; X can be charged with homicide;
b. If the act of X was not the proximate cause of death, X can still be charged with homicide;
c. All of the above
d. None of the above
39. Before the finality of the judgment of conviction, the accused can avail himself of any of the following
remedy:
a. Motion for New Trial and Motion for reconsideration c. Appeal the judgment
b. Annul the judgment d. All of the above
40. Which one of the following is not a ground for New Trial?
a. Errors of fact in the judgment
b. Errors of law committed during the trial
c. Irregularities prejudicial to the substantial rights of accused committed during the trial
d. Newly discovered evidence
41. Which one of the following is not a ground for Reconsideration?
a. Errors of law committed during the trial
b. Errors of law in the judgment, which requires no further proceedings
c. Errors of fact in the judgment, which requires no further proceedings
d. Errors of fact and law in the judgment, which requires no further proceedings
42. The effect of granting a new trial or reconsideration:
a. The original judgment shall be set aside or vacated
b. A new judgment shall be rendered
c. The original judgment shall be modified only
d. A & B only

43. A proceeding for review by which the whole case is transferred to a higher court for a final
determination.
a. Motion for Reconsideration c. Appeal
b. New Trial d. Arraignment
44. Disposes the whole subject matter or terminates a particular proceeding or action leaving nothing to be
done but to enforce by execution of what has been determined.
a. Final judgment
b. Final Order
c. Interlocutory Order
d. A & C only
45. A motion for new trial should be filed at any time within 15 days from the promulgation of a judgment of
conviction.
a. Before the final entry of a judgment of conviction
b. Before the appeal is perfected
c. After the final entry of a judgment of conviction
d. Before the final entry of a judgment of conviction
46. The right to appeal a case decided by a lower court is:
a. Statutory right c. Element due process
b. Inherent right d. Constitutional right
47. Appeal by either party as used in the law has been interpreted to mean:
a. Only the government and the accused
b. Other persons who may be affected by the judgment rendered in the criminal proceedings
c. All of the above
d. None of the above
48. The party appealing the case is known as:
a. Appellee c. Prosecution
b. Appellant d. All of the above
49. An order in writing issued in the name of the People of the Philippines, signed by a judge and directed
to a peace officer commanding him to search for personal property described therein and bring it
before the court.
a. Search Warrant c. Sequestration Order
b. Warrant of Arrest d. Search Order
50. Persons protected by the provisions against unreasonable search and seizure:
a. Filipino Citizen only
b. All persons whether citizens or aliens within the jurisdiction of the State
c. All persons accused of acts and omission punishable by the RPC
d. None of the above
51. Of the 4 requisites for issuing search warrant, one of the following is not included.
a. The warrant issued must particularly described the person who committed the crime
b. Must be issued upon probable cause
c. The probable cause must be determined by the judge himself and not by the applicant or any
other person
d. In the determination of probable cause, the judge must examine under oath or affirmation the
complainant and such witness as the latter may produce
52. Are outlawed because they place the sanctity of the domicile and the privacy of communication and
correspondence at the mercy of the whims, caprice or passion of peace officers.
a. Unreasonable search and seizure c. Illegally sized documents
b. General Search Warrant d. All of the above
53. Under the law, a search warrant shall be valid for how many days?
a. 15 days from its date c. 10 days after its date
b. 10 days from its date d. 5 days after its date
54. In what instances may search and seizure be made without warrant?
a. When it is with the consent of the accused
b. When search is incidental to arrest
c. When it is made for dangerous weapon or anything which may be used as proof of the
commission of an offense
d. All of the above
55. The requirements for the issuance of a search warrant are more stringent than the requirements for the
issuance of a warrant of arrest because:
a. In a warrant of arrest, the person to be arrested can always post bail to prevent deprivation of
his liberty
b. The right against search and seizure is implicit in the natural right to life, liberty and property
c. The violation of the right to privacy produces a humiliating effect which cannot be rectified
anymore
d. All of the above

56. The following are instances of permissible warrantless arrests:

a. Arrest in flagrante delicto c. Arrest of escape prisoners
b. Arrest effected in hot pursuit d. All of the above
57. One is not a requisite for the plain-view doctrine to apply.
a. There must have been a prior valid intrusion based on the warrantless arrest in which the
police are legally present in the pursuit of their official duties;
b. The evidence was accidentally or unintentionally discovered by the police who had a right to be
where they are and the evidence must be immediately seen or viewed
c. There was no need for further search
d. All of the above
58. Stop and frisk search known as Terry Search is the right of the police to:
a. Stop a suspicious looking person wandering at midnight in a place where crimes have been
reported prevalent.
b. The right of the police to pat or frisk for concealed weapons
c. It is a limited protective search of outer clothing
d. All of the above
59. A scatter shot warrant is a warrant of search and seizure or arrest that is issued:
a. For more than one offense
b. It is void because the law requires that a warrant can be issued only for one specific offense
c. It is valid for two specific offense only
d. A & B only
60. Police Officers applied for a warrant to search Door No. 1 of an apartment. The court issued the
warrant; hence they proceeded but when they arrived at the place they realized that what they thought
as Door No. 1 was actually Door No. 5. Can they search Door No. 5?
a. No, because what is controlling is what is stated in the warrant
b. This is to prevent abused in the service of the search warrant
c. Yes, because the error is merely clerical and unintentional
d. A & B only
61. A buy bust operation is a method or procedure employed by police authorities to male factors:
a. In the act of committing the crime of drug vending
b. It is form of entrapment, a procedure not prohibited by the RPC or law
c. It is a form of instigation which is prohibited by law
d. A & B only
62. What is the effect if the arrest is illegal, and an unlicensed firearm was confiscated in the process? Can
the unlicensed gun be used in evidence?
a. Yes because the person arrested can be charged with Illegal Possession of a gun
b. No because the person was illegally obtained
c. The gun is the fruit of the poisonous tree
d. B & C only
63. What is the importance of a person arrested of signing of a police booking sheet and arrest report?
a. It is tantamount to extra-judicial confession without the assistance of a counsel
b. Signing said booking sheet and arrest report is not an admission of the commission of the
offense
c. It is merely a statement of the accused being booked and the date of the fact of his arrest
d. B & C
64. What is the effect if the person arrested signed the receipt of the property seized without the aid of a
counsel?
a. It is admissible in evidence as it is a declaration against interest
b. It is a tacit admission of the crime charged
c. It is inadmissible as an evidence as it is tantamount to an uncounselled extra-judicial
confession
d. A & B only
65. Mayor X was arrested 4 days after the commission of alleged murder against Y. He was arrested
without warrant of arrest. Was the arrest legal?
a. No because the police were not present during the killing
b. The police had no personal knowledge of the criminal act committed by Mayor X
c. He was arrested after 40 days after the commission of the crime
d. All of the above
66. X was arrested. Then he was subjected to paraffin test. After trial, he was convicted. On appeal he
contended that when the paraffin test on him was taken, his constitutional right to counsel and self-
incrimination were violated. Was his contention legal?
a. Legal because this is tantamount to uncounselled extra-judicial confession
b. It is not violation of his right to counsel as he is not yet under custodial investigation
c. Not also a violation of his right against self-incrimination as this extends only to testimonial
evidence and not when his body is proposed to be examined
d. B & C only
67. A police officer cannot seize anything not mentioned/included in the search warrant, except if it is:
a. Mala prohibita
b. The seizure can be justified under the plain view doctrine
c. Surrendered for seizure
d. A & B
68. As a rule, evidence illegally seized is:
a. Inadmissible in evidence c. Voidable evidence
b. Admissible in evidence d. All of the above
69. The existence of such facts and circumstances, which would lead a reasonable discreet and prudent
man to believe that an offense has been committed and that the objects sought in connection with the
offense are in the place to be searched.
a. Prima facie evidence c. Substantial evidence
b. Preponderance evidence d. Probable cause
70. What is the area of coverage of an officer’s search being an incident of a lawful arrest? Is it limited to
the person of the accused?
a. It may extent beyond the person of the one arrested
b. To include the premises or surroundings under his immediate control
c. The search must be contemporaneous or simultaneously, more or less, with the arrest,
both in time and place, without delay
d. All of the foregoing
71. As used in Rule 120, it means 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 civil liability provided for by law on
the accused.
a. Judgment c. Acquittal
b. Interlocutory d. Sentence
72. From the provision of Section 1, Rule 120 it would seem that in a judgment of acquittal, the court
has:
a. Authority to impose a reprimand
b. No authority to impose a reprimand
c. Authority to call a conference with both prosecutor and defense counsel
d. All of the foregoing
73. In case of acquittal, the judgment shall make a finding on the civil liability of the accused in favor of
the offended party, except when...
a. There is a clear showing that the act from which the civil liability might arise
did not exist
b. There is a prejudicial question
c. The offender is pardon by the offended party
d. The guilty party dies before judgment
74. The indemnity which a person is sentenced to pay, forms an integral part of the penalty, it being
expressly provided by Article 100 of the Revised Penal Code, that every person criminally liable is.
a. Civilly liable c. Presumed to be innocent
b. Not civilly liable d. All of them
75. It is said to exist when the complaint or information sets out an offense but the evidence
establishes another crime.
a. Complex crimes c. Continuing offense
b. Variance d. False accusation
76. In case of variance between information and proof, the accused can only be convicted of the...
a. Graver offense which is included in the other
b. Lesser crime which is included in the other offense
c. Mitigating circumstances
d. Aggravating circumstances
77. Where the offense charged does not include the offense proved, it matters not how conclusive and
convincing the evidence of guilt may be, an accused person cannot be convicted in any court of any
offense unless...
a. The accused is charged of a complex crimes
b. It is charged in the information on which he is tried or necessarily included therein
c. The accused is recidivist
d. All of them

78. Takes place when the Clerk of Court enters final judgment in accordance with the order of the court
and when judgment is thus entered, it is legally promulgated.
 a. Rendering of the judgment c. Legal promulgation of the judgment
b. Pronouncing of the judgment d. Entry of Judgment
79. Under Section 6 of the Rule 120 of the Rules of Court, a judgment of acquittal is validly
promulgated after the Clerk of Court has entered it in the criminal docket and the defendant served with
copy thereof. The presence of the defendant is not necessary where the judgment is one of....
a. Conviction of grave offense c. Conviction of a light offense
b. Acquittal d. All of them
80. A judgment becomes final after the lapse of the period for...
a. Perfecting an appeal
b. Presentation of evidence by the prosecution
c. Presentation of evidence by the defense counsel
d. All of them
81. It portrays a proceeding whereby errors of law or irregularities are expunged from the record, or
new evidence is introduced, or both steps are taken, in a new trial, by the nature of its purpose and
what is to be done, both parties have to intervene.
a. New Trial c. Trial
b. Motion for Reconsideration d. All of them
82. It contemplates no new hearing or proceeding of any kind to seek a change in judgment is
accomplished but only on the basis of what is already in the record.
a. New Trial c. Trial
b. Motion for Reconsideration d. Appeal
83. A motion for new trial should be filed at any time within fifteen days from the promulgation of a
judgment of conviction that is:
a. Before the final entry of a judgment of conviction
b. Before the appeal is perfected
c. After the final entry of a judgment of conviction
d. After the appeal is perfected, the trial court
84. Where the appeal has been perfected, the motion for new trial should be presented to the appellate
court, because once an appeal is perfected, the trial court...
a. Still retains its power to set aside the judgment rendered by it or to grant a new trial
b. Loses its power to set aside the judgment rendered by it to grant a new trial
c. All of the above
d. None of them
85. The prosecution cannot appeal from a judgment of conviction to increase the penalty because:
a. The accused would be placed in double jeopardy
b. The prosecution can ask that the judgment be set aside
c. The prosecution can ask for reopening of the case
d. All of them
86. Appeal by “either party” as used in the law has been interpreted to mean...
a. Only the government and the accused
b. Other persons who may be affected by the judgment rendered in the criminal proceedings
c. B only
d. A & B
87. The period for appeal from final orders, resolutions, awards judgments or decisions of any court in
all cases shall be made:
a. 15 days counted from the notice of the final order, resolution, award, judgment or decision
appealed from;
b. Within in 15 days from receipt of the notice of the final order, resolution, award, judgment or
decision appealed from;
c. 15 days after the notice of the final order, resolution, award, judgment or decision appealed
from;
d. 15 days before the notice of the final order, resolution, award, judgment or decision appealed
from
88. Corollary to the item above mentioned, when will the period for perfecting an appeal be
interrupted?
a. After the time a motion for a new trial or reconsideration is filed until notice of the order
overruling the motion shall have served upon the accused or his counsel;
b. After the time a motion for new trial or reconsideration is filed until notice of the order overruling
the motion shall have served upon the accused or his counsel;
c. Before the time a motion for a new trial or reconsideration is filed until notice of the order
overruling the motion shall have been served upon the accused or his counsel;
d. None of them

89. Supposing the judge rendered an oral decision. It may either be for conviction, acquittal or dismissal.
The oral decision will never become final because:
a. It was not in writing;
b. It is not signed by the judge;
c. It can still can be changed or modify by the judge;
d. All of the above
90. Judgment is valid and binding when:
a. Duly signed by a judge;
b. Filed with the Clerk of Court
c. Promulgated during the incumbency of the judge who signed it;
d. All of the above
91. X was charged with frustrated homicide. During the arraignment, he pleaded not guilty. Immediately
after he gave his plea of not guilty, the victim died. So X was charged again, this time, with homicide. When
arraigned for homicide, X moved to quash the homicide case on the ground of double jeopardy. Is X
contention correct? No because:
a. The second offense did not yet exist at the time of the first prosecution for frustrated homicide;
b. No possibility for him to be convicted for non-existing crime, which supervened after being
charged for frustrated homicide;
c. B only
d. A & B
92. X was charged with murder but during the trial, the offense proved was homicide only. What would be
the decision of the judge?
a. Murder because this is the offense charged
b. Homicide for being a lesser offense, which is included in the offense, charged;
c. No decision
d. All of the above
93. Supposing, the charge is for homicide but the offense proved is murder. The decision of the judge
would be:
a. Convicted for murder because it is the offense proved;
b. Homicide for a person cannot be convicted of a greater offense than that
charged;
c. All of the above
d. None of the Above
94. Exclusion and separation of witnesses on any trial or hearing, the judge may exclude from the court any
witness not at the time under examination, except:
a. Party in action and One who is party in-interest
b. Against expert witness
c. Rebuttal witness and
d. All of the above
95. The court shall consider no evidence, which has not been formally offered. The purpose for which the
evidence is offered must be specified. When shall offer of evidence be made? As regards the testimony of
witness, the offer must be made at the time___(a)___; as to documentary and object evidence, the offer
shall be made: __ (b)__.
a. The witness is called to testify;
b. After the presentation of all the party’s testimonial evidence;
c. During the presentation of the parties’ evidence
d. A & B
96. Promulgation of judgment in the RTC and inferior courts shall be made as follows:
a. The Clerk of Court rendering the judgment shall give notice to the accused;
b. Reading of the judgment in the presence of the accused and any judge of the
court in which it was rendered;
c. Service of the decision by mail;
d. A & B only
97. Promulgation of the judgment in the Supreme Court and Court of Appeal shall be made:
a. By filing the judgment with the Clerk of Court of the appellate court;
b. Presence of the accused is required;
c. The Clerk of Court shall make certified true copies of the judgment to be served upon the parties
by registered mail;
A & C only
98. The rule is, the Constitution bars State intrusions to a person’s body, personal effects or residence
except if conducted by virtue of a valid search issued. However, warrantless searches and seizures is
legally allowed in:
a. Search of moving vehicle and Customs searches;
b. Seizure in plain view and Waiver or consent searches
c. Stop and frisk situation and Search incidental to a lawful arrest
d. All of the above
99. It is a doctrine usually applied where a police officer is not searching for evidence against the accused,
but nonetheless inadvertently comes across incriminating objects.
a. Waiver or consented search; c. In flagrante delicto
b. Stop and frisk situation; d. Plain view

100. In determining the probable cause, it is required that:

a. The judge must examine the complainant and his witnesses personally;
b. The examination must be under oath;
The examination must be in writing in the form of searching questions and answers;
d. All of the above
A & B only
C only
101. Every search conducted in a house, room, or premises must be made only in the presence of:
a. The lawful occupant thereof or any member of his family;
b. In their absence, in the presence of two witnesses of sufficient age and discretion
residing in the same locality;
c. All of the above
d. A only
102. A search warrant has a lifetime of ten (10) days. When the search under a warrant on one day was
interrupted, it may be continued under the same warrant the following day:
a. If it is still within the ten-day period;
 b. Even after ten days from its date;
c. Before or after 10-day period
d. Even before 10-day period
103. A warrantless arrest is considered legitimate or valid and it includes a valid warrantless search and
seizure in:
a. Arrest in flagrante delicto; c. Arrests of escape prisoner;
b. Arrest effected in hot pursuit; d. All of the above
104. The police saw 2 suspicious looking persons at dawn; hence, they stopped them. They were carrying
bags. When they were stopped, they ran and when apprehended, an unlicensed revolver was found in the
bag. Is the search without warrant valid or void?
a. Valid as this is stop and frisk situation;
b. Probable cause is present when they acted suspiciously and attempted to run when order to
stop; that they are concealing something illegal;
c. All of the above
d. B only
105. The Constitution proscribes/prohibits unreasonable searches and seizures of whatever nature.
Without a judicial warrant, or warrantless search is not allowed except:
a. A search incident to a lawful arrest and Consented search;
b. Seizure of evidence in plain view and Stop and frisk situations;
c. Search of a moving vehicle and Customs search
d. All of the above
106. It is an order in writing issued in the name of the People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to search for personal property described therein and bring it
before the court.
a. Subpoena duces tecum;
b. Search warrants
c. All of the above
d. A & B
107. A search warrant is in the nature of an interlocutory order because there are other things to be done,
like:
a. The filing of the corresponding information; d. A only
b. Determination of the guilt of the accused; c. All of the above
108. A search warrant is issued purposely to search and seize personal property, which is:
a. Subject of the offense;
b. Stolen or embezzled and other proceeds, or fruits of the offense;
c. Used or intended to be used as the means of committing an offense;
d. All of the above
109. The rights against warrantless arrest and search and seizure is not absolute. Under the Rules of
Criminal Procedure, an arrest without a warrant may be lawfully made by a peace officer or a private
person if:
a. When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
b. When an offense has just been committed and he has probable cause to believe based
on personal knowledge of facts and circumstances that the person to be arrested has probably
committed the offense;
c. Escaped prisoner from place of confinement/detention;
d. All of the above
110. It is a method employed by police authorities to malefactors in the act of committing the crime of drug
vending. It is a procedure not prohibited by the RPC.
a. Buy bust operation c. All of the above
b. It is a form of entrapment d. A only
111. Mayor Sanchez was arrested 46 days after the commission of the alleged rape of Sarmenta and the
killing of Gomez and Sarmenta. He was arrested without warrant of arrest. Was the arrest legal?
a. It is illegal because this is not arrest in flagrante delicto;
b. Mayor Sanchez is not an escaped prisoner;
c. It is not in hot pursuit
d. All of the above

112. X threw a bag from a truck and marijuana leaves spilled out of the bag. He was arrested and searched
without warrant. Was the search valid?
a. It is legal d. All of the above
b. There was no search-conducted c. It is a plain view doctrine search
113. Persons protected by the provisions against unreasonable search and seizure.
a. Citizens of the Philippines only within the jurisdiction of the Philippines
b. To all persons whether citizens or aliens within the jurisdiction of the State
c. To all persons accused of acts and omissions punishable under the Revised Penal Code
d. All of them
114. A search warrant and seizure of personal property, ownership over it is...
a. Not necessary as possession and control is required
b. Necessary
c. Indispensable
d. B & C only

115. It simply means that sufficient facts must be presented to the judge or magistrate issuing the warrant,
to convince him, not that the particular person has committed the crime, but that there is a cause for
believing that the person whose arrest is sought might have committed the crime charged and that the
object sought to be seized is in the place to be searched.
a. Order for search warrant and seizure c. Writ of execution
b. Probable cause d. Writ of confiscation
116. Of the four requisites for issuing search warrant, one of the following is not included..
a. The warrant issued must particularly described the person who committed the crime ;
b. It must be issued upon probable cause;
c. The probable cause must be determined by the judge himself and not by the applicant or any
other person;
d. In the determination of probable cause the judge must examine under oath affirmation, the
complainant and such witness as the latter may produce;
117. Fill the blanks. ____ is outlawed because they place the sanctity of the domicile and the privacy of
communication and correspondence at the mercy of the whims, caprice or passion of peace officers.
a. Unreasonable search and seizure c. Illegally seized documents
b. General search warrant d. All of them
118. The warrant must direct that it be served in the daytime, unless...
a. The affidavit asserts that the property is on the person or in the place ordered to be searched,
in which case a direction may be inserted that it be served at any time of the day or night.
b. The affidavit asserts that the property to be searched is worth an amount within the jurisdiction
of the Regional Trial Court
c. The place to be searched is the subject of embezzlement
d. All of the above
119. Under Section 9 of Rule 126, a search warrant shall be valid for how many days?
a. 15 days from its date c. 12 days after its date
b. 10 days from its date d. 15 days after its date

(Note: A warrant of arrest is valid until the accused is arrested or until it is lifted; hence,
there is no limitation of period.)
EVIDENCE
1. Presentation of evidence consist of:
a. Testimony of the witnesses
b. Objects or things or documents duly identified and marked as exhibits
c. All of the above
d. None of the above
2. The rule is that the examination of the witness presented in a trial is to be done in _____ and in
_____ and under oath or affirmation:
a. Elsewhere most convenient to the parties and counsel as well as the judge
b. Orally
c. Open court
d. B & C only
3. The record of the proceedings, prepared and signed and certified by the official stenographer is
_____ a correct statement of such proceedings.
a. Deemed c. Prima facie
b. Admitted d. A & B only
4. If the witness is the accused, he may be asked to do certain mechanical or physical acts, and
which of the following is not a violation against self-incrimination:
a. To be fingerprinted or paraffin – tested even without the assistance of the lawyer
b. To be subjected to ultra-violet powder without the presence of the lawyer
c. Writing or taking dictations
d. A & B only

5. The purpose of direct examination is to build an airtight case against the accused. Thus leading
question is generally not allowed on direct examination, except:
a. Preliminary matter c. A feeble mind or a deaf mute
b. Cross-examination d. All of the above

6. The object of cross-examination is to destroy the facts proved or to demolish or destroy the case of
the adversary. However, misleading question is not allowed during cross-examination, that is:
a. One which assumes a fact contrary to that which a witness has previously stated
b. One assumes as true a fact not testified to by the witness
c. On matters not covered by the direct examination
d. A & B only
7. The re-examination by counsel of his own witness after examination by the adverse counsel is
known as _____ and is a matter of right and not merely a privilege.
a. Re-investigation c. Re-cross
b. Pre-trial d. Re-direct examination
8. After the examination of a witness by both sides has been concluded, the witness cannot be
recalled, except:
a. With leave of court
b. As the interest of justice may require
c. Upon motion of the accused
d. A & B only
9. Impeachment of a witness is essentially a cross-examination. The rule is that a witness may be
impeached by the party against whom he is called by four (4) modes except:
a. By contradictory evidence
b. By evidence that his general reputation for truth, honesty, or integrity is bad
 c. By record of judgment of that he has been convicted by final judgment of an offense
d. By evidence of particular wrongful acts done by the witness
10. The general rule is that a party cannot impeach his own witness except:
a. A witness who is ignorant
b. The witness is hostile or unwilling
c. The witness is an adverse party
d. B & C only
11. The court shall consider no evidence which has not been formally offered. The purpose for which
the evidence is offered must be specified. Thus, the offer of the testimony of a witness is made:
a. As regards the testimony of a witness must be made after the presentation of a party’s
testimonial evidence
b. At the time he is called to testify
c. After the witness has testified
d. A & B only
12. Documentary and object evidence shall be offered:
a. After the objection of the adverse party on the formal offer of said exhibits
b. After the ruling of the court’s on the offer of said exhibits
c. After the presentation of a party’s testimonial evidence
d. A & B only
13. When shall a party through his counsel rest its case?
a. Immediately after the offer of the testimonial evidence of all his witnesses
b. After the Court’s ruling on said formal offer of exhibits
c. All of the above
d. None of the above
14. Documentary exhibits are formally offered to the court for its consideration or admission, one by
one in the order they have been marked as exhibits by:
a. Identifying each by stating the marking of the exhibits
b. Describing it briefly
c. Stating the specific purpose for which each exhibit is offered
d. All of the above
15. Counsel for plaintiff formally offers the following marked exhibits, one of which is:
Exh A – Promissory note dated February 14, 2007 amounting to P20, 000.00. The purpose is to
prove that the defendant executed said PN showing his indebtedness.
Defendant’s counsel, on the other hand offers the following exhibits, one of which is:
Exh. 1 – a letter of plaintiff dated August 14, 2007.

Question: Is there any error made in the manner an offer of the documentary evidence?
a. Plaintiff’s counsel did not follow the rules
b. Defendant’s counsel because he failed to describe his documentary evidence and to state
the purpose therein
c. All of the above
d. None of the above

16. The rule is that when oral evidence, documents or things are offered but excluded by the court,
what shall the offeror do?
a. If the excluded evidence is oral testimony, the offeror should state for the record the name
of the witness and the substance of his proposed testimony
b. If it is a documentary or object evidence, the offeror shall have the document or object be
attached to or be made part of the record by producing the document, state briefly the
contents of said document, state the purpose for which the document sought to be
attached to the record, and have the same marked
c. All of the above
d. None of the above
17. In the hierarchy of evidentiary values, which one should be rated at the highest level?
a. Clear and convincing evidence
b. Proof beyond reasonable doubt
c. Preponderance of evidence
d. Substantial evidence
18. Text messages have been classified as ephemeral electronic communication.
a. They are admissible in evidence by the testimony of a person who was a party to the text
message or has personal knowledge thereof.
b. Not admissible because they are unsigned
c. All of the above
d. None of the above
19. Tapes not enough to convict libel. Thus, taped conversations and statements from radio will not be
admissible as evidence in court unless they are authenticated by:
a. Witness who did the taping; The operator of the device is competent
b. The tape recordings were correct and genuine; There are no changes, additions or
alterations made
c. The identity of the speaker had been established
d. All of the above
20. A were to give money to B if he would kill X. B killed X and received the money. Arrested, B confessed
his guilt as well as A’s. Hearing the confession implicating him, A exclaimed, “What a traitor is this B? He
betrayed me. And without protesting about the truthfulness of the confession, A just told B to recant his
confession. B’s confession is admissible:
a. Interlocking confession c. All of the above
b. Adoptive confession d. None of the above
21. X & Y are very good friends. Y has been asking X whether he was legally married with his wife to
which X has repeatedly evaded. One day X was stabbed and his friend Y rushed to him and after assisting
him Y reiterated his question to X whether the woman he was living was his legal wife. Conscious of his
impending death, X admitted that said woman is only his mistress. Is the declaration:
a. Dying declaration
b. Res gestae
c. Not a dying declaration and not part of res gestae
d. All of the above
22. Atty. X was the counsel for the plaintiff in an action to collect a sum of money. In the course of the trial,
Atty. X asked his witness to identify the loan agreement and promissory note executed by the defendant.
These documents were marked as Exh. “A” and “B”, respectively. The demand letter sent to the defendant
to settle his indebtedness was marked as exhibit “C” after the plaintiff identified said document. After all the
witnesses had completed their respective testimony, Atty. X made an offer of the above documentary
exhibits as follows:
Atty. X: Your honor, I am ready to offer our documentary evidence.
Court: Proceed, Mr. Counsel.
I offer in evidence Exh. “A”, “B” and “C”, your honor. Did Atty. X commit any error
in the manner by which he made an offer of the documentary evidence? Decide.
a. Atty. X failed to describe said documentary evidence;
b. He also failed to state the purpose of each of his evidence;
c. All of the above
d. None of the above
23. The court shall consider no evidence, which has not been formally offered. The purpose for which the
evidence is offered must be specified. This is known as:
a. Offer of evidence c. Offer and objection
b. Ruling on the evidence d. None of the above
24. The tender of excluded evidence is made as follows:
a. If the documents or things offered as evidence are excluded by the court, the offeror may
have the same attached to or made part of the record and state briefly what is all about the
document and mark it as exhibit again.
b. If the evidence excluded is oral testimony, the offeror may state for the record the name and
other personal circumstances of the witness and the substance of the proposed testimony
c. All of the above
d. None of the above

25. X was charged with homicide. Before the case could be tried, the heirs of the victim approached X and
discussed with him the possibility of settlement of the case and asked how much X was willing to pay. X
offered P50, 000.00 and the heirs accepted the offered. The agreement and the offer of X of P50, 000.00
cannot be admitted as an implied admission of X for the reason that:
a. There was no offer of compromise made by X
b. It was made by the heirs of the victim
c. X offer is an implied admission of guilt
d. All of the above
26. X was accused of having raped C. X offered to marry C. The offer of X is an offer of compromise and
this is not allowed even in rape cases, which are not considered private crimes. Consequently, the offer of
X is admissible as:
a. Extra-judicial confession of guilt c. Implied admission of guilt
b. Express admission of guilty d. All of the above
27. In an extra-judicial confession executed before the NBI, A charged with murder, voluntarily admitted the
charge but implicated B & C as his co-conspirators. Apprehended, B & C vehemently denied the charge.
After the conduct of preliminary investigation, A, B & C were charged in court for murder. During the trial,
counsel of B & C vigorously objected to A’s testimony in court implicating his co-accused. Is the testimony
of A in court admissible? Decide.
a. A’s testimony during the trial is admissible
b. As an exception to hearsay rule
c. Considering that the confession is a judicial confession or made in a joint trial
where his co-accused can cross-examine him.
d. All of the above
28. A group of 3 persons, A, B & C robbed a house. When they were fleeing after the robbery, they were
intercepted by the police and as a result A was mortally wounded. Before he died, but conscious of his
impending death, “A” admitted participation in the robbery, and named B and C as his companions. Hence,
B & C were charged for the death of the policeman? What is the nature of the declaration of A? Decide.
a. Not a dying declaration because the subject of inquiry is the death of the policeman;
b. The declaration does not refer to A’s death, neither is the inquiry about A’s death;
c. It is dying because the declarant was conscious of his death and died thereafter.
d. A & B only
29. To affect the conscience of the witness and compel him to speak the truth and open him for punishment
for perjury if he willfully testifies falsely:
a. Oath b. Affirmation c. All of the above d. None of the above
30. It is a solemn and formal declaration or assertion that the witness will tell the truth.
a. Oath
b. Affirmation
c. All of the above
d. None of the above
31. The general rule is that testimonies of witnesses must be given orally in open court and cannot be
presented in affidavits except:
 a. Cases covered by the Rule on Summary Procedure
b. In labor cases
c. Cases within the jurisdiction of MTC’s
d. A & B only
32. The kinds of immunity suits:
a. RA 1379 – the law providing for the forfeiture of unlawfully acquired property
b. PD 749 – in prosecution for bribery and graft
c. All of the above
d. None of the above
33. Give the order in the examination of an individual witness:
a. Direct exam; Re-Cross exam; Re-direct exam; Cross-exam
b. Direct exam; Cross-exam; Re-direct exam; Re-cross exam
c. Re-cross exam; Cross-exam; Re-direct exam; Direct exam
d. Cross-exam; Direct exam; Re-cross exam; Re-direct exam
34. One is not a purpose of cross exam:
a. To ask him misleading questions
b. To discredit the witness
c. To discredit the testimony of the witness
d. To elicit admission from a witness
35. This kind of evidence is adduced to overcome a prima facie case:
a. Clear and convincing evidence c. Substantial evidence
b. Preponderance evidence d. Circumstantial evidence
36. It is an evidence required in a civil case, that which is of greater weight or more convincing in opposition
to it.
a. Substantial evidence c. Circumstantial evidence
b. Preponderance evidence d. Clear and convincing evidence

37. Which of the statement below is correct?

a. Alibi is the weakest defense of an accused because it is easily concocted and fabricated
b. The defense of Alibi prevails over the positive identification of the accused
c. All of the above
d. None of the above
38. The rule on circumstantial evidence is that it is not sufficient for conviction except:
a. There is more than one circumstance
b. The facts from which the inferences are derived are proven
c. The combination of all the circumstances is such as to produce a conviction beyond reasonable
doubt
d. All of the above
39. The testimony of a single witness, if positive, clear, straightforward, convincing and credible is sufficient
to support a conviction in a rape case or murder.
a. Agree – because even if not corroborated since evidence is considered not according to
plurality of the witnesses but to the weight and credibility of a single witness
b. Disagree – because the testimony of a single witness is uncorroborated and therefore no
legal to stand on
c. All of the above
d. None of the above
40. The presiding judge in a case for homicide orders the defense to file affidavits of its witnesses which
will serve as direct examination. Is the order of the judge correct?
a. Not correct because testifying orally of a witness in court will enable the judge to observe
the manner and deportment of the witness whether he is an elusive or a rehearsed witness
b. Yes because the purpose of the judge is to expedite trial without delay
c. All of the above
d. None of the above
41. A private document has to be authenticated to be admissible in evidence, except:
a. The document is more than 30 yrs old
b. The document is produced from a custody in which it would naturally be found if genuine
c. The document is unblemished by any alterations or suspicious of alteration
d. All of the above
42. Documents written in unofficial language shall not be admitted as evidence except:
a. When accompanied with a translation in the dialect understood by the witnesses
b. When translated in Filipino or English by counsels before the trial.
c. When translated in the dialect understood by the accused
d. All of the above
43. Tender of excluded evidence is known in law practice as:
a. Ruling of the court c. Offer of proof
b. Proffer of evidence d. B & C only
44. It is required in administrative case or in quasi-judicial bodies; it is that amount of relevant evidence as
a reasonable mind might accept as adequate to support a conclusion.
a. Preponderance of evidence c. Substantial evidence
b. Prima facie evidence d. All of the foregoing
45. In a criminal case, an accused can only be convicted if his guilt is proven beyond reasonable doubt.
The effect of failure to prove it warrants the court to:
a. Admonish the accused c. Acquit the accused
b. Reprimand the accused d. All of the foregoing
46. In case of doubt, that is, the inculpatory facts and circumstances are capable of two ro more
explanations, one of which is consistent with the guilt of the accused and the other consistent with the
innocence of the accused, then the evidence:
 a. Fulfills the test of moral certainty and therefore warrants a conviction
b. Does not fulfill the test of moral certainty; hence, not enough to produce a conviction
c. All of the above
d. None of the above
47. An extra-judicial confession made by the accused shall not be sufficient ground for conviction except if
corroborated by evidence of corpus delicti which means:
a. In homicide, it refers to the dead body of the victim
b. In arson, it refers to the fact of burning
c. In theft, it refers to the fact of stealing
d. B & C only
48. It means moral certainty or that degree of proof which produces conviction in an unprejudiced mind.
a. Reasonable doubt c. Corpus delicti
b. Absolute truth d. Proof beyond reasonable doubt
49. It is a statement whose probative value is independent of its truth or falsity. The mere fact of its
utterance is relevant.
a. Hearsay statement c. All of the above
b. Independent relevant statement d. None of the above

50. As a general rule, an offer of compromise in a criminal case is an implied admission of guilt, except:
a. In quasi-offenses (reckless imprudence);
b. Criminal violations of the National Internal Revenue Code;
c. Minor offenses under the Local Government Code whose penalties do not exceed one year;
d. All of the above
51. It is the means, sanctioned by the rules, of ascertaining in a judicial preceding the truth respecting a
matter of fact.
a. Evidence c. Fact
b. Proof d. Truth verifying examination
52. The Rules on evidence classify evidence according to form, into:
a. Real evidence c. Testimonial evidence
b. Documentary evidence d. All of them
53. Is that form of evidence that is directly addressed to the senses of the Court and consists of tangible
things exhibited to or demonstrated in open court, in an ocular inspection, or at a place designated by the
Court for its view or observation of an exhibition, experiment or demonstration.
a. Testimonial evidence c. Real evidence
b. Documentary evidence d. Relevant evidence
54. It is a form of evidence supplied by written instruments or derived from conventional symbols by which
ideas are represented on material substances.
a. Primary or best evidence c. Documentary evidence
b. Secondary evidence d. Negative evidence
55. It is one kind of evidence when the witness affirms that a fact did or did not occur.
a. Positive evidence c. Secondary evidence
b. Negative evidence d. Primary or best evidence
56. When the witness states he did not see or know the occurrences or a fact.
a. Positive evidence c. Secondary evidence
b. Negative evidence d. Primary or best evidence
57. Where the evidence at the time of its offer appear to be immaterial or irrelevant unless it is connected
with the other facts to be subsequently proved, such evidence may be received on condition that the other
facts will be proved thereafter, otherwise the evidence already given will be stricken out.
a. Conditional admissibility c. Curative admissibility
b. Multiple admissibility d. All of them
58. Where the evidence is relevant and competent for two or more purposes, such evidence should be
admitted for any or all the purposes for which it is offered provided it satisfies all the requirements of law for
its admissibility therefor.
a. Conditional admissibility c. Curative admissibility
b. Multiple admissibility d. All of them
59. This doctrine treats upon the right of a party to introduce incompetent evidence in his behalf where the
court has admitted the same kind of evidence adduced by the adverse party.
a. Conditional admissibility c. Curative admissibility
b. Multiple admissibility d. All of them
60. The rule is that, there can be no evidence of a writing the contents of which is the subject of inquiry,
other than the original writing itself, except in the following cases:
a. When the original has been lost, destroyed, or cannot be produced in court; when the original
is a record or other document in the custody of a public officer; When the original is in the
possession of the party against whom the evidence is offered, the latter fails to produce it after
reasonable notice
b. When the original has been recorded in an existing record a certified copy of which is made
evidence by law;
c. When the original consists 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
d. All of the above
61. It is that which is submitted to the court through the testimony or deposition of a witness.
a. Testimonial evidence c. Material evidence
b. Relevant evidence d. Competent evidence
62. It is a kind of evidence having any value in reason as tending to prove any matter provable in action.
a. Relevant evidence c. Competent evidence
 b. Material evidence d. Direct evidence
63. It is a kind of evidence that is not excluded by law in a particular case.
a. Competent evidence c. Direct evidence
b. Material evidence d. Circumstantial evidence
64. Is that evidence that which proves the fact in dispute without the aid of any inference or presumption?
a. Circumstantial evidence c. Cumulative evidence
b. Direct evidence d. Corroborative evidence
65. It is a kind of evidence, the proof of fact or facts from which, taken either singly or collectively, the
existence of the particular fact in dispute may be inferred as a necessary or probable consequences.
a. Circumstantial evidence c. Prima facie evidence
b. Corroborative evidence d. Cumulative evidence

66. It is an additional evidence of a different kind and character tending to prove the same point.
a. Cumulative evidence c. Material evidence
b. Corroborative evidence d. All of the above
67. Presentation of evidence consist of:
a. Testimony of the witnesses
b. Objects or things duly identified and marked as exhibits
c. All of the above
d. None of the above
68. The rule is that the examination of the witness presented in a trial is to be done in _______ and in
_____ and under oath or affirmation:
a. Elsewhere most convenient to the parties and counsel as well as the judge
b. Orally
c. Open court
d. B & C only
69. The record of the proceedings, prepared and signed and certified by the official stenographer correct is
_____ a correct statement of such proceedings.
a. Deemed c. Prima facie
b. Admitted d. A & B only
70. If the witness is the accused, he may be asked to do certain mechanical or physical acts, and which of
the following is not a violation against self-incrimination:
a. To be fingerprinted or paraffin – tested even without the assistance of the lawyer
b. To be subjected to ultra-violet powder without the presence of the lawyer
c. Writing or taking dictations
d. A & B only
71. The purpose of direct examination is to build an airtight case against the accused. Thus leading
question is generally not allowed on direct examination, except:
a. Preliminary matter c. A feeble mind or a deaf mute
b. Cross-examination d. All of the above
72. The object of cross-examination is to destroy the facts proved or to demolish or destroy the case of the
adversary. However, misleading question is not allowed during cross-examination, that is:
a. One which assumes a fact contrary to that which a witness has previously stated
b. One assumes as true a fact not testified to by the witness
c. On matters not covered by the direct examination
d. A & B only
73. The re-examination by counsel of his own witness after examination by the adverse counsel is known
as _____ and is a matter of right and not merely a privilege.
a. Re-investigation c. Re-cross
b. Pre-trial d. Re-direct examination
74. After the examination of a witness by both sides has been concluded, the witness cannot be recalled,
except:
a. With leave of court c. Upon motion of the accused
b. As the interest of justice may require d. A & B only
75. Impeachment of a witness is essentially a cross-examination. The rule is that a witness may be
impeached by the party against whom he is called by four (4) modes except:
a. By contradictory evidence
b. By evidence that his general reputation for truth, honesty, or integrity is bad
c. By record of judgment of that he has been convicted by final judgment of an offense
d. By evidence of particular wrongful acts done by the witness
76. The general rule is that a party cannot impeach his own witness except:
a. A witness who is ignorant or a child of tender age
b. The witness is hostile or unwilling
c. The witness is an adverse party
d. B & C only
77. The court shall consider no evidence which has not been formally offered. The purpose for which the
evidence is offered must be specified. Thus, the offer of evidence:
a. As regards the testimony of a witness must be made after the presentation of a party’s
testimonial evidence
b. At the time he is called to testify
c. After the witness has testified
d. A & B only
78. Documentary and object evidence shall be offered:
a. After the objection of the adverse party on the formal offer of said exhibits
b. After the ruling of the court’s on the offer of said exhibits
c. After the presentation of a party’s testimonial evidence
d. A & B only
79. When shall a party through his counsel rest its case?
a. Immediately after the offer of the testimonial evidence of all his witnesses
b. After the Court’s ruling on said formal offer of exhibits
c. All of the above
d. None of the above
80. Documentary exhibits are formally offered to the court for its consideration or admission, one by one in
the order they have been marked as exhibits by:
a. Identifying each by stating the marking of the exhibits
b. Describing it briefly
c. Stating the specific purpose for which each exhibit is offered
d. All of the above
81. Counsel for plaintiff formally offers the following marked exhibits, one of which is:
Exh A – Promissory note dated February 14, 2007 amounting to P20, 000.00. The purpose is to
prove that the defendant executed said PN showing his indebtedness.
Defendant’s counsel, on the other hand offers the following exhibits, one of which is:
Exh. 1 – a letter of plaintiff dated August 14, 2007.

Question: Is there any error made in the manner an offer of the documentary evidence?
a. Plaintiff’s counsel did not follow the rules
b. Defendant’s counsel because he failed to describe his documentary evidence and to state the
purpose therein
c. All of the above
d. None of the above
82. The rule is that when oral evidence, documents or things are offered but excluded by the court, what
shall the offeror do?
a. If the excluded evidence is oral testimony, the offeror should state for the record the name of
the witness and the substance of his proposed testimony
b. If it is a documentary or object evidence, the offeror shall have the document or object be
attached to or be made part of the record by producing the document, state briefly the contents
of said document, state the purpose for which the document sought to be attached to the
record, and have the same marked
c. All of the above
d. None of the above
83. In the hierarchy of evidentiary values, which one should be rated at the highest level?
a. Clear and convincing evidence
b. Proof beyond reasonable doubt
c. Preponderance of evidence
d. Substantial evidence
84. Text messages have been classified as ephemeral electronic communication.
a. They are admissible in evidence by the testimony of a person who was a party to the text
message or has personal knowledge thereof.
b. Not admissible because they are unsigned
c. All of the above
d. None of the above
85. Tapes not enough to convict libel. Thus, taped conversations and statements from radio will not be
admissible as evidence in court unless they are authenticated by:
a. Witness who did the taping
b. The operator of the device is competent
c. The tape recordings were correct and genuine; if there are no changes, additions or alterations
made
d. All of the above
86. A were to give money to B if he would kill X. B killed X and received the money. Arrested, B confessed
his guilt as well as A’s. Hearing the confession implicating him, A exclaimed, “What a traitor is this B? He
betrayed me. And without protesting about the truthfulness of the confession, A just told B to recant his
confession. B’s confession is admissible:
a. Interlocking confession c. All of the above
b. Adoptive confession d. None of the above
87. X & Y are very good friends. Y has been asking X whether he was legally married with his wife to
which X has repeatedly evaded. One day X was stabbed and his friend Y rushed to him and after assisting
him Y reiterated his question to X whether the woman he was living was his legal wife. Conscious of his
impending death, X admitted that said woman is only his mistress. Is the declaration:
a. Dying declaration
b. Res gestae
c. Not a dying declaration and not part of res gestae
d. All of the above

88. Atty. X was the counsel for the plaintiff in an action to collect a sum of money. In the course of the trial,
Atty. X asked his witness to identify the loan agreement and promissory note executed by the defendant.
These documents were marked as Exh. “A” and “B”, respectively. The demand letter sent to the defendant
to settle his indebtedness was marked as exhibit “C” after the plaintiff identified said document. After all the
witnesses had completed their respective testimony, Atty. X made an offer of the above documentary
exhibits as follows:
Atty. X: Your honor, I am ready to offer our documentary evidence.
Court: Proceed, Mr. Counsel.
I offer in evidence Exh. “A”, “B” and “C”, your honor. Did Atty. X commit any error in the
manner by which he made an offer of the documentary evidence? Decide.
a. Atty. X failed to describe said documentary evidence;
b. He also failed to state the purpose of each of his evidence;
c. All of the above
d. None of the above
89. The court shall consider no evidence, which has not been formally offered. The purpose for which the
evidence is offered must be specified. This is known as:
a. Offer of evidence c. Offer and objection
b. Ruling on the evidence d. None of the above
90. The tender of excluded evidence is made as follows:
a. If the documents or things offered as evidence are excluded by the court, the offeror may
have the same attached to or made part of the record and state briefly what is all about the
document and mark it as exhibit again.
b. If the evidence excluded is oral testimony, the offeror may state for the record the name and
other personal circumstances of the witness and the substance of the proposed testimony
c. All of the above
d. None of the above
91. X was charged with homicide. Before the case could be tried, the heirs of the victim approached X and
discussed with him the possibility of settlement of the case and asked how much X was willing to pay. X
offered P50, 000.00 and the heirs accepted the offered. The agreement and the offer of X of P50, 000.00
cannot be admitted as an implied admission of X for the reason that:
a. There was no offer of compromise made by X
b. It was made by the heirs of the victim
c. X offer is an implied admission of guilt
d. A & B
92. X was accused of having raped C. X offered to marry C. The offer of X is an offer of compromise and
this is not allowed even in rape cases, which are not considered private crimes. Consequently, the offer of
X is admissible as:
a. Extra-judicial confession of guilt c. Implied admission of guilt
b. Express admission of guilty d. All of the above
93. In an extra-judicial confession executed before the NBI, A charged with murder, voluntarily admitted the
charge but implicated B & C as his co-conspirators. Apprehended, B & C vehemently denied the charge.
After the conduct of preliminary investigation, A, B & C were charged in court for murder. During the trial,
counsel of B & C vigorously objected to A’s testimony in court implicating his co-accused. Is the testimony
of A in court admissible? Decide.
a. A’s testimony during the trial is admissible
b. As an exception to hearsay rule
c. Considering that the confession is a judicial confession or made in a joint trial where his co-
accused can cross examine him.
d. All of the above
94. A group of 3 persons, A, B & C robbed a house. When they were fleeing after the robbery, they were
intercepted by the police and as a result A was mortally wounded. Before he died, but conscious of his
impending death, “A” admitted participation in the robbery, and named B and C as his companions. Hence,
B & C were charged for the death of the policeman? What is the nature of the declaration of A? Decide.
a. Not a dying declaration because the subject of inquiry is the death of the policeman;
b. The declaration does not refer to A’s death, neither is the inquiry about A’s death;
c. It is dying because the declarant was conscious of his death and died thereafter.
d. A & B
95. To affect the conscience of the witness and compel him to speak the truth and open him for punishment
for perjury if he willfully testifies falsely:
a. Oath
b. Affirmation
c. A & B
d. None of the above
96. It is a solemn and formal declaration or assertion that the witness will tell the truth.
a. Oath
b. Affirmation
c. A&B
d. None of the above

97. The general rule is that testimonies of witnesses must be given orally in open court and cannot be
presented in affidavits except:
a. Cases covered by the Rule on Summary Procedure
b. In labor cases
c. Cases within the jurisdiction of MTC’s
d. A & B only
98. The kinds of immunity suits:
a. RA 1379 – the law providing for the forfeiture of unlawfully acquired property
b. PD 749 – in prosecution for bribery and graft
 c.All of the above
d. None of the Above
99. Give the order in the examination of an individual witness:
a. Direct exam; Cross exam; Re-direct exam; Re-cross exam
b. Cross exam; Re-cross exam; Re-direct exam; Direct exam
c. Re-cross exam; Re-direct exam; Cross-exam; Direct-exam
d. Re-direct exam; Re-cross exam; Direct-exam; Cross-exam
100. One is not a purpose of cross exam:
a. To ask him misleading questions
b. To discredit the witness
c. To discredit the testimony of the witness
d. To elicit admission from a witness
101. This kind of evidence is adduced to overcome a prima facie case:
a. Clear and convincing evidence c. Substantial evidence
c. Preponderance evidence d. Circumstantial evidence
102. It is an evidence required in a civil case, that which is of greater weight or more convincing in
opposition to it.
a. Substantial evidence c. Circumstantial evidence
b. Preponderance evidence d. Clear and convincing evidence
103. Which of the statement below is correct?
a. Alibi is the weakest defense of an accused because it is easily concocted and fabricated
b. The defense of Alibi prevails over the positive identification of the accused
c. All of the above
d. None of the above
104. The rule on circumstantial evidence is that it is not sufficient for conviction except:
a. There is more than one circumstance
b. The facts from which the inferences are derived are proven
c. The combination of all the circumstances is such as to produce a conviction beyond reasonable
doubt
d. All of the above
105. The testimony of a single witness, if positive, clear, straightforward, convincing and credible is
sufficient to support a conviction in a rape case or murder.
a. Agree – because even if not corroborated since evidence is considered not according to
plurality of the witnesses but to the weight and credibility of a single witness
b. Disagree – because the testimony of a single witness is uncorroborated and therefore no
legal to stand on
c. All of the above
d. None of the above
106. The presiding judge in a case for homicide orders the defense to file affidavits of its witnesses which
will serve as direct examination. Is the order of the judge correct?
a. Not correct because testifying orally of a witness in court will enable the judge to observe
the manner and deportment of the witness whether he is an elusive or a rehearsed witness
b. Yes because the purpose of the judge is to expedite trial without delay
c. All of the above
d. None of the above
107. A private document has to be authenticated to be admissible in evidence, except:
a. The document is more than 30 yrs old
b. The document is produced from a custody in which it would naturally be found if genuine
c. The document is unblemished by any alterations or suspicious of alteration
d. All of the above
108. Documents written in unofficial language shall not be admitted as evidence except:
a. When accompanied with a translation in the dialect understood by the witnesses
b. When translated in Filipino or English by counsels before the trial.
c. When translated in the dialect understood by the accused
d. All of the above
109. Tender of excluded evidence is known in law practice as:
a. Ruling of the court c. Offer of proof
b. Proffer of evidence d. B & C only

110. It is required in administrative case or in quasi-judicial bodies; it is that amount of relevant evidence as
a reasonable mind might accept as adequate to support a conclusion.
a. Preponderance of evidence c. Substantial evidence
b. Prima facie evidence d. All of the foregoing
111. In a criminal case, an accused can only be convicted if his guilt is proven beyond reasonable doubt.
The effect of failure to prove it warrants the court to:
a. Admonish the accused c. Acquit the accused
b. Reprimand the accused d. All of the foregoing
112. In case of doubt, that is, the inculpatory facts and circumstances are capable of two ro more
explanations, one of which is consistent with the guilt of the accused and the other consistent with the
innocence of the accused, then the evidence:
a. Fulfills the test of moral certainty and therefore warrants a conviction
b. Does not fulfill the test of moral certainty; hence, not enough to produce a conviction
c. All of the above
d. None of the above
113. An extra-judicial confession made by the accused shall not be sufficient ground for conviction except if
corroborated by evidence of corpus delicti which means:
a. The fact of commission of the crime
 b. In arson, it refers to the fact of burning
c. In theft, it refers to the fact of stealing
d. All of the above
114. It means moral certainty or that degree of proof which produces conviction in an unprejudiced mind.
c. Reasonable doubt c. Corpus delicti
d. Absolute truth d. Proof beyond reasonable doubt
115. It is a statement whose probative value is independent of its truth or falsity. The mere fact of its
utterance is relevant.
c. Hearsay statement c. All of the above
d. Independent relevant statement d. None of the above
116. As a general rule, an offer of compromise in a criminal case is an implied admission of guilt, except:
a. In quasi-offenses (reckless imprudence); and Criminal violations of the National Internal
Revenue code.
b. Minor offenses under the Local Government Code whose penalties does not exceed one
year.
c. In marital rape where subsequent forgiveness was given by his wife.
d. All of the above

COURT TESTIMONY
It is rule of conduct or right. It is a rule of action prescribed by the State for the governing of human
action.
a Law c. Practice of Law
b Practice d. Trial

It is the application of an art or science. It is the actual performance or application of acquired

knowledge. It shows the lawyer how to get there.
a Trial c. Practice
b Practice of Law d. Theory
It is the analysis of a set of facts in their ideal relation to one another. It tells or guides the lawyer where
to go.
a Theory c. Practice
b Law d. Practice of Law
It is the doing or performing services in a court of justice. It includes legal advice, preparation of legal
instruments and contracts by which legal rights are secured, although such matters may not be
pending in court.
a Law c. Practice
b Theory d. Practice of Law
It means the proceedings in open court or while court is in session after the pleadings have been filed
and the case is otherwise ready for hearing up to and including the rendition of judgment.
a Trial c. Practice
b Pre-trial d. Law
Who may practice law in Philippine Courts? Any person who:
a Has passed the Bar Exams and of good moral character
b He graduated from the College of Law of U.P. with a degree of Bachelor of Laws only but
of good moral character.
c He graduated with a degree of Bachelor of Laws only but of good moral character
d. He graduated with the degree of Juris Doctor

Requisites for a valid exercise of criminal jurisdiction are the following:

a Jurisdiction over the person, the territory and the subject matter
b Jurisdiction over the person and the subject matter only
c Jurisdiction over the person and the territory
d. Jurisdiction over the person and subject matter
Jurisdiction is determined by the law at:
a The time of the commission of the offense
b At the time when the action was filed
c All of the above
d None of the above
The private prosecutor duly appointed and approved by the Chief Prosecutor and the Presiding Judge
of the Court will enter his appearance after greeting the judge:
a Appearing as private prosecutor in collaboration with the public prosecutor, ready your
honor.
b Private prosecutor representing the offended party, ready your honor.
c Respectfully appearing as private prosecutor under the direct control and supervision of
the public prosecutor, then state his name and his contact number, ready your honor.
d Appearing as private prosecutor under the direct control and supervision of the public
prosecutor.
Public prosecutor will enter his appearance as:
a For the state or for the People or for the government, ready your honor.
b For the People and n collaboration with the private prosecutor, ready.
c For the accused, ready your honor
d For the witness, ready your honor
As to the PAO lawyer he will enter his appearance:
 a In collaboration with the counsel of choice of accused ready.
b For the accused, your honor, ready.
c For the witness, your honor, ready
d For the people, your honor, ready
As to counsel of choice of accused after greeting the judge:
a For the accused, your honor, ready.
b Respectfully appearing as counsel of the accused, my name is Atty. X, my office address
is XXX and my contact no. is XXXXXXXX, ready your honor.
c Respectfully appearing as counsel of the defendants, my name is Atty. X, my office
address is XXX and my contact no. is XXXXXXXX, ready your honor.
A requirement, which is considered as one of the safeguards, set down by law to secure and protect
the right of the defendant. It is made before the court where the complaint or information has been
filed or assigned for trial.
a Trial c. Prosecution
b Arraignment d. Judgment
Arraignment in absentia is not allowed because:
a It is a must that the accused is present so that he will be informed of the nature and cause
of the accusation against him.
b He must personally enter his plea
c He must personally enter his information
d It will violate the accused rights against self-incrimination
The requirement of the rules on arraignment is mandatory and failure to observe them is ground for:
a Dismissal of the case
b Reversal of the judgment and the remanding of the case for new trial
c Appeal of the case
d Petition for certiorari
If the accused refuses to plead, or make a conditional plea of guilty, what shall the court do?
a The arraignment must be postponed
b A plea of not guilty for the record shall be entered for him
c A pleas of guilty for the record shall be entered for him
d. No more arraignment shall be conducted
An accused may enter a conditional plea of guilty, in the sense that he admits his guilt on condition that
a certain penalty shall be imposed upon him. Such kind of plea must be deemed a plea of:
a Guilty c. Waiver of arraignment
b Not guilty d. All of them

In localities where no such members of the bar are available during the arraignment, who shall be
appointed by the court as Counsel de Oficio of the accused?
a The local Chief of Police
b The Vice Mayor of the locality
c Any person, resident of the province and of good repute for probity and ability to defend
the accused
d. The Barangay Chairman of the Barangay where the accused last reside
How much time for Counsel de Oficio to prepare for arraignment?
a Two hours before proceeding with the arraignment.
b Reasonable time to consult with the accused as to his plea before proceeding with the
arraignment
c Seventy two (72) hours before proceeding with the arraignment
d Fourty eight hours after the filing of criminal information in court

When shall arraignment be held?

a Within 30 days from the date of court acquires jurisdiction over the person of the accused,
unless a shorter period is provided by special law or Supreme Court Circular.
b Not later than 30 days from the date court acquires jurisdiction over the person of the
accused, unless a shorter period is provided by special law or Supreme Court Circular
c 30 days after the date the court acquires jurisdiction over the person of the accused,
unless provided by special law or Supreme Court Circular.
d. 15 days from filing of information in court
The requisites of a trial absentia __________:
a The accused has been arraigned, he has been notified of the scheduled trial and his failure
to appear is unjustified.
b Even without arraignment provided he has been notified of the schedule trial and he failed
to attend the scheduled trial without valid reason.
c The accused has not been arraigned and not been notified of the scheduled trial.
d. None of the above
Of the following, one is the duty of the court when the accused pleads guilty to a capital offense.
a The court shall conduct a searching inquiry into the voluntaries and full comprehension of
the consequences of his plea and require the prosecution to prove his guilt and the precise
degree of culpability.
b To order the investigating officer to conduct air tight investigation of the case.
c To redirect the fiscal to personally investigate the case.
 d To sentence the accused in accordance with his plea of guilty to the capital offense
charged with a note address to the Supreme Court that the case should be reviewed.

The right to counsel is a personal one and therefore may be waived. It is waived when the defendant:
a Voluntarily submits himself to the jurisdiction of the court and proceeds with his defense.
b Refuses to voluntarily submits himself to the jurisdiction of the court.
c Refuses to hire his counsel.
After plea of not guilty, the accused is entitled to such number of days to prepare for trial unless the
court for good cause grants him further time.
a Fifteen days c. One day
b Four days d. Three days
If the accused appears to be suffering from an unsound mental condition that effectively renders him
unable to fully understand the charge against him and to plead intelligently…..
a The arraignment shall be suspended c. The trial shall be suspended
b The criminal charged shall be dismissed d. All of them
It is a plea of guilty made by the accused without any condition or reservation.
a Unconditional plea c. Improvident plea
b Reverted plea d. Acquittal
In case of acquittal, the judgment shall make a finding on the civil liability of the accused in favor of the
offended party, except when…..
a There is a clear showing that the act from which the civil liability might arise did not exist.
b There is prejudicial question
c The offender is pardon by the offended party
d The guilty party dies before judgment
It is said to exist when the complaint or information sets out an offense but the evidence establishes
another crime.
a Complex crimes c. Continuing offense
b Variance d. False accusation

In case of variance between information and proof, the accused can only be convicted of the…..
a Graver offense which is included in the other c. Mitigating circumstance
b Lesser crime which is included in the other d. Aggravating circumstances
Where the offense charged does not include the offense proved, it matters not how conclusive and
convincing the evidence or guilt may be, an accused person cannot be convicted by the court of
any offense unless:
a The accused is charged of a complex crimes
b It is charged in the information on which he is tried or necessarily included therein
c The accused is recidivist
d. All of the above
X is charged with homicide. He pleads but tells the judge, “Hindi ko sinasadya”. The plea is not valid
because it is:
a Conditional plea c. Reverted plea
b Negative indirect plea d. All of the above
The different kinds of plea are:
a Conditional plea and unconditional plea c. Reverted plea
b Negative indirect plea and improvident plea d. All of the above
X was charged with murder. After the prosecution presented its evidence, X filed a motion to dismiss
on the ground that the prosecution failed to prove that the crime was committed within the territorial
jurisdiction of the court. The prosecution appealed, hence, X invoked double jeopardy. Decide.
a This is a dismissal on the merits of the case
b There is no double jeopardy because the dismissal was upon his own motion or with his
express consent.
c Accused waived his right to present his evidence
d Accused can still present his evidence
X installed a jumper cable, which allowed him to reduce his electricity bill. He was prosecuted and
convicted for violating a municipal ordinance punishing unauthorized installation of such device.
Can he still be prosecuted for theft?
a Yes, because it is an offense under the RPC.
b No, because when an act is punished by a law and an ordinance conviction or acquittal
under either will be a bar to prosecution of the same act on the ground of double jeopardy
(second type of double jeopardy);
c All of the above
d. None of the above
The following are constitutional rights of the accused during the trial of his case except:
a To be presumed innocent until the contrary is proved;
b To be informed of the nature and cause of the accusation against him, to be present and
defend in person and by counsel at every stage of the proceedings, from arraignment to
promulgation of the judgment;
c Right to Appeal
d. Right for review of the case
When the court is satisfied, upon proof of oath that a material witness will not testify when required, it
may upon the motion of either party order the witness to:
a To be discharged
 b To be implicated in the complaint or information
c To post bail in such sum as may be deemed proper
d To be terminated
The general rule is that a case shall not be provisionally dismissed. However, one of the following is an
exception to the general rule, and that is:
a When the accused dies before the final judgment of the case
b When the accused is expressly pardoned by the offended party
c With the express consent of the accused and with notice to the offended party
d. Neither of the choices
The prosecution is required to present evidence and the sworn statement of each proposed state
witness at the hearing in support of the discharge is admissible in evidence. Thus, the motion to
discharge the accused to be state witness must be filed….
a Before the prosecution rests its case
b Before the presentation of evidence
c For the first time on appeal
d Before arraignment

The legal effect if there is a provisional dismissal of offenses punishable by imprisonment not
exceeding 6 years or a fine of any amount, or both.
a Without the consent of the offender, the provisional dismissal of such offense will be void
ab initio.
b Such dismissal shall be valid, either with or without the express consent of the accused.
c Such dismissal shall become permanent 1 year after issuance of the order without the
case having been revived.
d. All of the above
The legal effect if and when all agreements, made or entered during the pre-trial conference, which are
reduced in writing, are not signed by the accused and his counsel.
a It is considered as admission of guilt
b Cannot be used against the accused
c The court shall order for another pre-trial conference of the case
d. Treated as admissio
The authority of the court when satisfied, upon proof or oath, that a material witness will not testify
when required, upon motion of either party.
a May proceed to the trial of the case
b May order the witness to post bail In such sum as may be deemed proper
c Shall commit him to prison until he complies or is legally discharged after his testimony has
been taken
d. Shall proceed to the adjudication of the case
The authority of the court upon refusal of the material witness to post bond.
a May proceed to the trial of the case
b May order the material witness to be put in jail for obstruction of justice
c Shall commit him to prison until he complies or is legally discharged after his testimony has
been taken
d. May order the accuser be charged with incriminatory machination
The period of prescription with respect to criminal offenses commences to run form the day on which
the crime is discovered by the:
a Offended parties
b The authorities or their agents
c All of the above
d. None of the above
What is the remedy of the accused if the court denies his motion to quash?
a He should plead and proceed to trial
b He should appeal
c He should plead
d. File a special civil action for mandamus
What is the rule on double jeopardy? It means that when a person is regularly charged with a crime
and the case is terminated either by acquittal or conviction or in any other manner without the
consent of the accused, the latter:
a Cannot be charged with the same offense or identical offense
b Can still be charged with the same offense proven but not charged during the trial
c Cannot be charged with the same offense proven but not charged during the trial
d. Can still be charged if his right to due process is not violated
The following are the requisites for the first jeopardy to attach:
a Valid indictment (complaint or information) filed in a court of competent jurisdiction
b Valid arraignment and valid plea
c The accused was acquitted, convicted or the case was dismissed without his express
consent
d All of the above
As a rule there is no double jeopardy if the dismissal of the case was with the express consent of the
accused except:
 a When there is insufficiency of evidence to support the charge against him and when there
is a delay in violation of the accuser’s right to speedy trial.
b Due to insufficiency of the information
c Due to lack of information
d. None of the above
Pre-trial shall be mandatory in all criminal cases cognizable by the:
a Sandiganbayan
b MTC, MTCC and MCTC & RTC
c Court of Appeal
d A & B only
That the agreement on the plea of the accused should be to a lesser offense is limited only to the:
a Offense necessarily included in the offense charged
b Even to an offense not included or necessarily included in the offense charged
c The case will be dismissed
d. A and C

The court may punish any such counsel, attorney or prosecutor as follows:
a A counsel privately retained a fine not exceeding P20, 000.00 and Counsel de Officio,
public prosecutor, PAO, a fine not exceeding P5, 000.00
b The prosecution is declared in default
c The case will be dismissed
d. B and C only
Supreme Court Circular No. 38-39 is promulgated for the purpose of implementing the provisions of:
a RA 8493 known as the Speedy Trial Act of 1998.
b SC AM 05-8-26
c Revised Penal Code
d Rules of Court
When bail shall be automatically cancelled:
a Upon acquittal of the accused and dismissal of the case
b Upon execution of the judge of conviction
c Upon death of the accused
d A & B only
The system of criminal procedure:
a Inquisitorial c. Mixed
b Accusatorial d. All of the above
The rules of criminal procedure shall be liberally construed in favor of the accused and strictly against
the _____.
Offended party c. Accused
Complainant d. State
The requisites for a valid exercise of criminal jurisdiction:
Jurisdiction over the person c. Jurisdiction over the subject matter
Jurisdiction over the territory d. All of the Above
Municipal Trial Courts (Municipal Trial Court; Municipal Trial Court in Cities; Municipal Circuit Trial
Court, Metropolitan Trial Court) exercise exclusive jurisdiction, except:
Over all violations of city or municipal ordinances committed within their respective territorial
jurisdiction;
Over all offenses punishable with imprisonment not exceeding 6 yrs regardless of the fine and
other accessory penalties;
Where the only penalty provided by law is fine not exceeding P4, 000.00;
Laws on written defamation or libel
Regional Trial Courts (RTCs) exercise exclusive jurisdiction, except:
In all criminal cases not within the exclusive jurisdiction of any court tribunal or body except
those falling under the exclusive jurisdiction of Sandiganbayan;
All criminal cases where penalty is higher than 6 yrs, imprisonment.
All cases involving failure to register or failure to vote which are election offense
None of the Above
As a general rule, the offended party cannot go directly to court to file a criminal action; except:
Where the accused is under detention;
Where a person has been deprived of personal liberty calling for habeas corpus proceedings;
Where actions are coupled with provisional remedies and Where the action may be barred by
the statute of limitations;
All of the above
The civil action deemed instituted with the criminal action:
Only civil actions for the recovery of civil liability arising from the offense under Art. 100 of the
RPC;
Independent civil actions under Art 32, 33, 34 and Art 2176 of the Civil Code;
All of the above
None of the above
The general rule is that the civil action is not necessarily extinguished by the acquittal of the accused.
Even if the accused is acquitted, the court can still award civil liability when:
The acquittal is based on reasonable doubt;
There is a declaration in the decision that the liability of the accused is only civil;
When the civil liability is not based on the act of which the accused is acquitted;
All of the above
The independent civil actions are those provide in Articles 32, 33, 34 and 2176 of the Civil Code. They
may proceed independently of the criminal action and they shall require ______ of evidence.
Independently c. Substantial evidence
 Preponderance d. All of the above

The civil action is not deemed instituted when:

The offended party has waived the civil action;
The offended party has instituted the civil action prior to the institution of the criminal action;
The offended party has reserved the right to institute the civil action separately; (Note: The
reservation should be made before the prosecution presents its evidence);
All of the above
Civil liability includes or constitutes:
Restitution c. Indemnity for consequential damages
Reparation d. All of the above
When is the separate dependent civil action suspended?
After the criminal action has been commenced, the dependent civil action arising therefrom
cannot be instituted until final judgment has been entered in the criminal action;
When the criminal action is filed after the civil action was instituted, the civil action shall be
suspended in whatever stage it may be found until the final judgment is rendered in the
criminal action;
A&B
None of the above

(Note: The only exception to A & B above is when there exists a prejudicial question
arising in a previously filed civil action which should be resolved first)

The rule allowing the parents, grandparents, and guardians to file a complaint on behalf of the minor-
victim applies only to private crimes, except:
a. Seduction c. Act of lasciviousness
b. Abduction d. Adultery and concubinage
A complaint of adultery or concubinage may be filed only by:
a. Investigating police c. Offended spouse
b. Prosecutor d. All of the above
X was charged with estafa, but the recital of facts in the information actually alleges theft. Can X be
convicted of theft? No, because:
The recital of facts and not the designation of the offense is controlling;
The two crimes have elements different from each other;
To convict X for theft would violate his right to be informed of the nature and cause of the
accusation against him;
All of the above
In which offenses is the particular place where the offense was committed indispensable?
Violation of domicile
Trespass to dwelling
Violation of election law (prohibiting the carrying of a deadly weapon within a 30-meter radius
of polling places);
All of the above
For which offenses is the time of the commission of the offense essential?
Infanticide c. Abortion
Violation of Sunday Law d. All of the above
In what cases is the name of the offended party indispensable?
Slander c. Robbery with violence and intimidation
Libel d. All of the above
A complaint or information must charged only one offense except when the law provides only one
punishment for various offenses:
Compound crimes c. Special complex crimes
Complex crimes d. All of the above
What is the effect of the failure of the accused to object to duplicitous charges in the information?
The right to object is deemed waived
He may be convicted of as many offenses as charged;
All of the above
None of the above
X fired his gun once, but the bullet killed two persons. What crime did he commit?
Complex crime c. Special complex crime
Compound crime d. All of the above

X was charged with both robbery and estafa in one information. Can he be convicted of both offenses?
If he objects to the duplicitous information, he cannot be convicted under the information;
 If he fails to object before arraignment, he can be convicted of both offenses;
All of the above
None of the above
X was speeding on a highway when his car collided with another car. The other car was totally wrecked
and the driver thereof suffered serious physical injuries. How many information should be filed and
for what offense or offenses will he be charged?
One information for serious physical injuries and damage to property through reckless
imprudence as there is only one negligent act resulting to two offenses;
Two separate cases of physical injuries and another for damage to property;
One separate cases of physical injuries and another for damage to property;
All of the above
Before plea, a complaint or information can be amended as to form or substance without leave of court,
except:
If amendment will downgrade the offense;
If information drops an accused from the said information
All of the above
None of the Above
The information against an accused is amended by adding additional allegation of habitual delinquency
and recidivism. This is:
Formal amendment c. All of the above
b. Substantial amendment d. None of the above
The amendment of an information from frustrated homicide to consummated homicide is
Formal amendment and accused need not be re-arraigned;
Substantial amendment of the accused to be re-arraigned;
None of the above
A&B
The additional allegation of conspiracy is what kind of amendment?
Substantial c. All of the above
3 d. None of the above
The change in the nature of the offense due to supervening event is _____ amendment:
Substantial c. All of the above
Formal d. None of the above
Preliminary investigation is an inquiry or proceeding to determine whether:
There is sufficient ground to engender a well-grounded belief that a crime has been committed
and the respondent is probably guilty thereof;
The respondent should be held for trial;
A&B
None of the above
Before a complaint or information is filed, preliminary investigation is required for all offenses
punishable by imprisonment of at least 4yrs, 2mos, and 1day, regardless of the fine, except:
If the accused was arrested by virtue of lawful arrest without warrant;
The information may be filed after the conduct of an inquest;
All of the above
A&B

(Note: That in this case, the accused can ask for preliminary investigation but he should waive his
rights under Art. 125 of the RPC. (Arbitrary detention)

The purpose of preliminary investigation:

a To determine whether a crime has been committed and the respondent is probably guilty
thereof, and should be held for trial;
To protect the innocent against hasty, malicious and oppressive prosecution; to protect him
from public accusation of a crime; from the trouble, expenses and anxiety of a public trial;
To protect the State from having to conduct useless and expensive trials;
A, B & C
Preliminary investigation is:
Statutory right and not a constitutional right;
Not an element of due process;
It may be waived
All of the above

Can the accused demand the right to confront and cross-examine the witnesses during the preliminary
investigation? No, because:
It is not part of the trial;
It is summary and inquisitorial in nature;
Its function is to determine the existence of probable cause and not the guilt of the accused;
All of the above
The following may conduct preliminary investigation, except:
Ombudman with respect to Sandiganbayan offenses
and Provincial or city prosecutor;
National and State prosecutor;
Comelec with respect to election cases
RTC Judge
 How does the investigating prosecutor resolve the findings after preliminary investigation:
If he finds probable cause to hold the respondent for trial, he shall prepare the information
against him;
If the investigating prosecutor finds no probable cause he shall recommend the dismissal of the
complaint;
A&B
None of the above
(Note: No complaint or information may be filed or dismissed by an investigating prosecutor without the
prior approval of the provincial or city prosecutor).

Preliminary investigation is an inquiry or proceeding to determine whether:

a There is sufficient ground to engender a well-grounded belief that a crime has been
committed and the respondent is probably guilty thereof;
b The respondent should be held for trial;
c A&B
d None of the above
Before a complaint or information is filed, preliminary investigation is required for all offenses
punishable by imprisonment of at least 4yrs, 2mos, and 1day, regardless of the fine, except:
a If the accused was arrested by virtue of lawful arrest without warrant;
b The information may be filed after the conduct of an inquest;
c All of the above
d None of the above
(Note: That in this case, the accused can ask for preliminary investigation but he should waive his rights
under Art. 125 of the RPC. (Arbitrary detention)
The purpose of preliminary investigation:
a To determine whether a crime has been committed and the respondent is probably guilty
thereof, and should be held for trial;
b To protect the innocent against hasty, malicious and oppressive prosecution; to protect him
from public accusation of a crime; from the trouble, expenses and anxiety of a public trial;
c To protect the State from having to conduct useless and expensive trials;
d All of the above
Can the accused demand the right to confront and cross-examine the witnesses during the preliminary
investigation? No, because:
a It is not part of the trial;
b It is summary and inquisitorial in nature;
c Its function is to determine the existence of probable cause and not the guilt of the
accused;
d All of the above
The rules of procedure shall be construed:
a Strictly against the state
b Jurisdiction over the person subject matter
c Jurisdiction over the person of the accused
d All of the above
For valid exercise of criminal jurisdiction, the requisites are:
a Jurisdiction over the person of the accused
b Jurisdiction over the subject matter
c Jurisdiction over the territoriality where the crime was committed
d All of the above
Which of the following cases are within the jurisdiction of MTC in criminal cases?
a All violations of city or municipal ordinances committed within their territorities
b All offenses punishable with imprisonment not exceeding six yrs.
c Cases where the penalty provided by law is fine only not exceeding P4, 000.00.
d All of the above

Which of the following cases are within the jurisdiction of RTC?

a All cases where penalty is higher than 6 yrs.
b Laws on libel
c Appellate jurisdiction over cases decided by the MTC
d All of the above
Jurisdiction over the person of the accused is acquired upon:
a His arrest c. A & B
b His voluntary appearance to the court d. None of the above
Criminal actions shall be instituted:
a For offenses where a preliminary investigation is required, by filing the compliant with the
proper officer for the purpose of conducting the preliminary investigation;
b For all other offenses, by filing the complaint or information directly with the MTC or the
complaint with the office of the prosecutor
c All of the above
d None of the above
When such an authority to prosecute criminal actions cease?
a Upon actual intervention of the prosecutor or upon elevation of the case to the Regional
Trial Court
b Upon actual intervention of a private prosecutor or upon elevation of the case to the Court
of Appeals
c When the offense charged is one where death penalty is imposed or upon elevation of the
case to the Supreme Court
d All of the above
100. A mandatory requirement that a complaint or information shall be in writing, against all person who
appear to be responsible for the offense involved:
a. In the Name of the Peoples of the Philippines
b. Instituted in the name of the aggrieved party
c. Criminal action
d. Civil action
101. One of the requirement of a valid complaint is that must be under oath, except when:
a. The complaint is filed before the Chief of Police
b. The complaint is filed before the Fiscal Office
c. The complaint is filed by the offended party before the court
d. All of the above
102. It is defined as an accusation in writing charging a person with an offense subscribed by the
fiscal and filed with the court:
a. Action c. Information
b. Complaint d. Police Blotter

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