C L J Q&A
48. Suppose that the purpose of Maine in abandoning their child is to preserve the inheritance of her child by a former marriage with Cardo, what then is the crime committed? A. Simulation of birth by 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. Simulation to preserve the inheritance of the child D. Abandoning through good faith therefor Maine has no criminal liability
B
57. In Katarungang Pambarangay proceedings, may the parties appear with the assistance of their counsel? A. Yes, because of their right to have counsel as provided in rule 115 B. No, appearance of a lawyer in all Katarungang Pambarangay proceedings is prohibited C. Yes, at the prerogative of each party to have their counsel during mediation. D. No, unless the lupon chairman allows it.
B
63. Any lawyer or members of the bar shall, at the request of the person arrested or of another acting in his behalf, have the right to visit and confer privately with such person, in jail or any other place of custody at A. Any hour of the working day only B. Any hour of the day or, in urgent cases, of the night C. Any hour of Saturdays and Sundays D. Any hour of the designated visiting day only
B
18. from the foregoing situation, suppose that Ambassador pinuno committed an act which under the law of Japan is considered as penal, can the government of Japan prosecute pinuno? A. NO, pinuno is exempt from the application of Japan criminal law. B. No, the crime was committed in Japan their criminal law applies. C. Yes, under the extra-territoriality characteristics of our criminal law. D. None of these.
D
33. Joime, a sexual pervert failed to have sex for a month. However, in order to preserve for his birthday his 'manoy' by sexually abusing Jessy, a losing candidate for Miss Barangay, he used his middle and ring fingers in penetrating the genitals of Jessy. What crime is there? A. Sodomy B. acts of lasciviousness C. No crime D. rape
D
35. JO1 Bantay, and J02 Tagatingin are prison guards who escorted Escapo in attending a court hearing in Malabon City. Arriving too early in the court room, JO1 Bantay and went to a nearby restaurant to have a cup of coffee. When Escapo was being watched by J02 Tagatingin only. Escapoand his cohorts succeeded in escaping. The said prison guards can be held liable for what crime? A. Conniving with prisoner B. Consenting to evasion C. Illegal break time D. Evasion through negligence
D
37. Michael was charged with homicide and after 10 years of litigation, he was convicted and sentenced to suffer 18 years of imprisonment and a civil damage of P100,000.00. While on Appeal, he died of tuberculosis. His death ended the imprisonment penalty. How about the the civil liability? A. The obligation continues unless waived B. It depends on the outcome of the appeal C. Still with obligation D. No more obligation
D
40. In arbitrary detention, it is required that the offender is a public officer. If Police Insp. Cardo, and his Jeepdo and Busdo serving as lookout and driver respectively, and without in any ground conspired in detaining legal ground Tricycledo, a police character, whom do you charge if any? A. Jeepdo and Busdo B. Jeepdo and Police insp. Cardo C. Police insp. Cardo D. All of them
D
44. Alden was subpoena by the court but disobeyed the order. He was punished by the Judge for contempt and because of that Alden waited for the judge to go out his office. Upon seeing the Judge, Alden hurriedly approached the Judge and without saying a word Alden struck him with his fist causing a slight injury on the face of the Judge, what crime was committed by Alden? A. Slight physical injuries B. Serious Physical injuries C. Indirect assault upon a person in authority D. Direct assault upon a person in authority
D
49. Alden is the private complainant in a murder case pending before a Regional Trial Court, he gave to the presiding judge a Christmas gift consisting of android phones worth P50,000 the Judge accepted the gift knowing it came from Alden. What is the crime committed by Alden? A. Direct bribery B. Indirect bribery C. Qualified bribery D. Corruption of public officials
D
5. One day, a trying hard hod upper went to his intended pawnshop target in Chinatown, manila bur upon seeing that his bare hands and a knife has no match to an armed security personnel thereat, voluntarily desisted. Investigated by a rookie prober but from the Manila's finest, he argued that he should not be charged because while he indeed had the intension to rob this shop, it did not materialize. The argument is correct because there was at that point what? A. No loss whatsoever B. A guard in the pawnshop C. Commotion D. No overt act.
D
52. Alden was riding a passenger bus driven by 2 Cardo that collided with a car driven by Montoro, causing Alden injury, not knowing who was in fault, what will be your best suggestion Mr. Criminologist for Alden to do? A. File a civil action against Montoro B. Await judicial finding regarding who was at fault C. Sue Cardo for civil action D. Sue both Cardo and Montoro as alternative defendants
D
55. How shall the Rules of Court be construed? A. Should be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding. B. Should be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding. C. Strict observance of the rules is an imperative necessity when they are considered indispensable to the prevention of needless delays and to the orderly and speedy dispatch of judicial business. D. All of the above
D
61. Police Insp. Cardo saw 2 suspicious looking persons at dawn; hence, he 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. Yes, Valid as this is stop and frisk situation; B. Yes, Probable cause is present when they acted suspiciously C. Yes, they attempted to run when order to stop, that they are concealing something illegal D. All of above
D
62. 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 I. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense on II. When an offense has just been committed and he has probable cause to believe based personal knowledge of facts and circumstances that the person to be arrested has probably committed the offense III. Escaped confinement or detention prisoner from place of A. I and II B. II and III C. I and III D. I, II, III
D
68. Is the arrest of Viceganda legal? A. No, a warrantless arrest requires that the crime has in fact just has been committed and the police arresting has personal knowledge of facts that the person to be arrested committed it. B. No, the crime has not just been committed since a period of two days had already lapsed. C. No, the arresting police has no such personal knowledge because he was not present when the incident happened. D. All of the above
D
Situation: Pinuno is the Philippine Ambassador deployed to the republic of Japan 16.from the foregoing situation, suppose that while in the performance of his office, pinuno committed an act punishable under Philippine penal laws, the characteristics of criminal lawto be applied should be______. A. Generality B. Extra-territoriality C. international law D. Territoriality
D
11. Amor burnt the cellphone of Tidora to conceal Lea crime of theft. Amor liable for A. Accessory B. Accomplice C. Harborer D. Fencing
A
20.Mar, Digong & Jun-Jun raped Grace in that when Mar was having sex with Grace, Digong & Jun-Jun were holding the legs and arms of Grace. When it was Digong's turn, Mar & Jun-Jun were the ones holding Grace's legs and arms. When Jun-Jun was the one having sex with Grace, the ones holding Grace arms and legs were Mar & Digong. Later, Mar succeeded in courting Grace and later Mar contracted marriage with Grace. Is the criminal liability for rape committed by Mar, Digong & Jun-Jun extinguished? A. No, because marriage of the offended party with the offender does not apply to multiple rapes. Marriage B. Yes, the the marriage of the offender with the the offended party shall extinguish criminal action or remit the penalty already imposed C. No, because marriage by the offended party with the offender does not apply to accomplices and accessories. D. Yes, because a husband cannot be guilty of the crime rape upon his wife because of the matrimonial consent.
A
21. Duterte with a revolver shot Roxas, missing him but the bullet hit Binay who is Duterte'sfather. Duterte committed the crime of attempted homicide with parricide. What kind of a complex crime is committed? A. Compound crime (Delito Compuesto) B. Complex crime proper (Delito Complejo) C. Complex crime D. Continuing Crime (Delito Continuado)
A
23. Charlemagne with intent to kill shot James using an unlicensed firearm as a result James died instantly. Now, future Criminologist what crime or crimes was committed by Charlemagne? A. Homicide, the unlicensed firearm will be appreciated only as an aggravating circumstance B. Separate crime of Homicide and illegal possession of firearms under PD 1866 amended byRA 8294. C. Murder, the use of unlicensed fire will be appreciated as a qualifying aggravating circumstance. D. Separate crime of Murder and illegal possession of firearms under PD 1866 amended by RA 8294.
A
24. Cayetano kidnapped Marcos and demanded aransom of P100,000,00 from Marcos' parents. Intime, the ransom was paid and the victim was released. When Pia (Cayetano's adoptedsister) learned that Cayetano was being hunted by the police for kidnapping, she (Pia) took Cayetano into her house and concealed him. Cayetano was able to elude the police. What is the criminal liability of Pia, if any? A. No criminal liability as Pia was a relative of Cayetano B. Principal as Pia is the adopted sister of Cayetano C. Accessory as Pia conceal his brother Cayetano conceal and harbor D. Accomplice as Pia Cayetano at her house
A
27. A with intent to kill shot B using an unlicensed firearm as a result B died instantly. Now, future Criminologist what crime or crimes was committed by A? A. Homicide, the unlicensed firearm will be appreciated only as an aggravating circumstance B. Separate crime of Homicide and possession of firearms under PD 1866 amended by RA 8294. illegal C. Murder, the use of unlicensed fire will be appreciated as a qualifying aggravating circumstance. D. Separate crime of Murder and illegal possession of firearms under PD 1866 amended by RA 8294.
A
29. Alden went to the house of his fiancée Maine who is 16 years old knowing that no one is in the house and waiting of that opportunity Alden promise to marry her, due to his promise he succeeded in having sexual intercourse with Maine. What crime was committed by Alden? A. Seduction B. Statutory rape C. Qualified seduction D. Abduction with rape
A
30. Alden, Binay and Cardo grabbed Mirriam who is only 17 years old then dragged her to their safehouse, then and there she was raped by Alden, Binay and Cardo, what crime was committed by them if any? A. Forcible abduction with rape B. Grave threats with rape C. Kidnapping with rape D. Coercion with rape
A
36. Cardo, Alden and Binay broke into the National Food Authority forcibly destroyed the door of the warehouse in order to address the sufferings of the people within the area. Thus, they called all the people to help them by empting all the goods stored therein. Cardo, Alden and Binay did not even took something for themselves. What crime was committed? A. Sedition B. Rebellion C. Direct assault D. Indirect assault
A
39. Supposing, Bong approach Cayetano and told Cayetano to deliver to him 10,000 Pesos Pesos and Bong would issue in his favor a check in the sum of 13,000 pesos as it was a Sunday and Bong needed the cash urgently. Cayetano gave 10,000 pesos to Bong having in mind the profit of the amount of 3,000 pesos When Cayetano encash the check on the following day it bounced or dishonored. What crime was committed by Bong if any? A. Estafa and violation of BP 22 B. Malversation C. No Crime D. Theft
A
41. Moro Islamic Liberation Front (MILF) an armed group avowed to overthrow the duly constituted authorities, they captured 5 Police officers and 10 members of the Armed Forces Philippines and held them in their hideout for 2 months. But, then the MILF voluntary released captured police officers and consideration of the promise of medical treatment to be given to their comrades who were under detention by the authorities. What crime was committed? A. Rebellion B. Sedition C. Coup' de' tat D. Treason
A
43. Police officer Cardo surreptitiously placed 93. a marijuana cigarette in the pocket of Alden and then arrested the student for illegal possession of marijuana cigarette. What crime Police officer Cardo commits? A. Incriminatory machination with unlawful arrest B. Illegal detention and arbitrary detention c. Illegal arrest with planting D. Illegal possession of drugs
A
45. In July 27, 2003, a group of 321 soldiers Forces of the and officers of the Armed Philippines headed by Col. Faeldon immediately stationed themselves at Oakwood, Makati City and withdrew their firearms and bullets and attacked in separate teams, held some hostage killed and some Pro-Government Employees and Soldiers, inverted the Philippine flag, barricaded and planted bombs at all entrance and exit of the Oakwood. But because of the superiority of Pro- Government Forces Col. Faeldon and his troops surrendered. What crimes were committed? A. Coup' de' tat B. Sedition C. Rebellion D. Conspiracy to commit Rebellion
A
50. An unlicensed firearm was confiscated by a Police Insp. Cardo. Instead of turning over the firearm to the property custodian for the prosecution of the offender, Police Insp. Cardo took the said the firearm. What crime was committed? A. Malversation B. Qualified theft C. Anti-fencing law D. Incriminatory Machination
A
54. Is that part of the law which creates, defines and regulates rights concerning life, liberty, or property, or the powers of agencies or instrumentalities for the administration of public affairs? A. Substantive law B. Remedial law C. Constitutional law D. Rights
A
56. Which among the following is NOT TRUE regarding the doctrine of Judicial Hierarchy? A. It derives from a specific and mandatory provision of substantive law B. The supreme court may disregard the doctrine in cases of national interest and matters of serious implications C. A higher court will not entertain direct recourse to it if redress can be obtained in the appropriate courts D. The reason for it is the need for higher courts to devote more time to matters within their exclusive jurisdiction
A
59. Cardo witnessed the commission of a crime but he refuses to testify for fear of his life despite subpoena being served on him. Can the court punish him for contempt? A. Yes, requires his testimony B. No, since no person can be compelled to be a witness against another C. Yes, since the court needs help in presenting their cases. D. No, since Cardo has a valid reason for not testifying
A
69. Under the circumstances, can Viceganda be convicted of homicide? A. Yes, the gun is not indispensable in the conviction of Vice ganda because the court may rely on testimonial or other evidence. B. No, the gun seized is inadmissible as evidence it was taken without search warrant and it cannot be used as evidence against. C. Yes, conviction will be solely based on the complaint of the widow of Alden. D. No, the gun is dispensable, Object has greater value than any other evidence.
A
80. Under this doctrine of admissibility, it allows a party to introduce otherwise inadmissible evidence to answer the opposing party's previous introduction of inadmissibility evidence. If it would remove any unfair prejudiced caused by the admission of the earlier inadmissible evidence. A. curative evidence B. conditional evidence C. multiple admissibility D. rules on admissibility
A
81. Which of the following matters is NOT A PROPER SUBJECT of judicial notice? A. Canadian law on succession personally known to the presiding judge. B. Persons have killed even without motive. C. City ordinances of Antipolo city where the MCTC sits. D. Teleconferencing is now a way of conducting business transactions.
A
88. Physical evidence ranks high in our hierarchy of trustworthy evidence but where the physical evidence runs counter to the testimonial what should prevail? A. physical evidence B. testimonial evidence C. a and b is correct D. none of the above
A
89. There is a need for an intervention of a witness for the object evidence being inanimate and cannot speak for itself. This statement is Correct. A. Yes, it is a legal truth that identification precedes authentication and without a witness no evidence can ever be authenticated. B. No, Object evidence is guided under the maxim of Res ipsa Loquitur or the thing speaks for itself. C. Yes, Object evidence need witness as it is the witness who gather evidence. D. No, Witness or testimonial evidence prevails over Object evidence.
A
9.The following aggravating circumstances will qualify the crime to murder: I. Employing means to weaken the defense II. In consideration of a price, reward or promise III. The crime is committed in broad daylight IV. With evident premeditation V. by stranding of a vessel A. I, II, IV, V B. I, II, III, V C. I, III, IV, V D. I, II, III, IV
A
90. For the purpose of their presentation in evidence, documents are either A. public or private B. affidavit or sworn statement C. handwritten or type written D. all of the above
A
98. It refers to evidence other than the original instrument or documents itself. A. secondary evidence B. best evidence C. original evidence D. primary evidence
A
47. Maine give birth to a child and abandons the child in a certain place to free herself of the obligation and duty of rearing and caring for the child because Alden left her. What crime did the Maine commit? A. Simulation of births B. Abandoning a minor C. Infanticide D. Negligence
B
42. Leni was charged for Election Sabotage. She listened attentively as the Judge read the sentence, when the judge reached the disposition and pronouncement that Leni is guilty, Leni got angry and threw the cellphone she was holding at the judge hitting in the right temple which is tantamount to laying hands on the judge who is a person in authority. What crime was committed by Leni if any? A. Indirect assault with Serious physical injuries B. Qualified Direct assault with serious physical injuries C. Direct assault with slight physical injuries D. Disobedience and desistance
B
100. Secondary evidence may prove it contents except A. recital of its contents in some authentic document B. by the handwriting of the person C. by the testimony of the witness D. by a copy
B
17. From the forgoing situation, suppose that pinuno is Japanese and the ambassador of Japan to the philippine. outside the performance of his public office. pinuno committed an act which is punishable under Philippine law, the characteristics of criminal law to be applied should be______. A. Prospectivity B. Generality C. extra-territoriality D. Territoriality
B
22. Mirriam lends Poe the bolo, which was used by Poe in the Murder of Leni, Mirriam is criminally liable as? A. principal B. Accomplice C. Accessory D. Conspirator
B
28. Cardo hates Alden because of his attitude, one day Alden left his house not knowing that Cardo has been following his daily routine. Taking advantage of the situation Cardo burned the house of Alden thereby sows and creates fear and panic among the populace. What crime was committed by Cardo? A. Arson B. Terrorism C. Qualified Arson D. Malicious Mischief
B
3. Our criminal law may be applied extraterritorially which simply means that_____. A. Our criminal law may be enforced by another sovereign country B. Our criminal law may be applicable even outside of our territory C. Foreigners here in our country may be charge for violation of our criminal law D. Those accused of crime may be arrested even outside of our territory
B
31. A barangay chairman, without any legal except in strong suspicion that the number one police character in their area will commit a crime, detained the high risk suspect for 10 hours. Is there a crime committed? A. Illegal detention B. arbitrary detention C. Expulsion without legal ground D. none
B
32. James and Danga are best friends. To seal their mutual agreement that "come what may" they will help each other until death they sealed their covenant with their own blood. Frustrated because his sweetheart left him, Danga asked James to push him immediately before the train passes near their house and as a result, Danga died. However, before Danga died, he thanked his bestfriend James for a job well done. What is the crime committed? A. Assisted in killing B. Giving assistance to suicide C. Death under tumultuous affray D. No crime at all
B
38. Omni is a janitor and a public employee at Pembo Elementary School. He is assigned to clean the Hallways of the school. One day, he noticed a fellow student loitering and spilling suspected liquid that would taint on the floor. Omni got angry and so he locked the student at the Inventory room and was freed from the room after eight hours. Omni committed the crime of? A. Arbitrary detention B. Illegal detention C. Unlawful arrest D. Incriminatory machination
B
46. A group of Police officers tried to serve a warrant of arrest to the members of the New People's Army who are wanted for several crimes committed. Instead of surrendering and submitting themselves to the Police officers they resisted the service of the warrant by force. But later on they were overpowered by the Police officers. What is the crime committed by the NPA members? A. Rebellion B. Sedition C. Conspiracy to commit sedition D. Coup' de' tat
B
64. Sofia was arrested because of illegal discharge of firearm. Then she was subjected to a paraffin test. After trial, she was convicted. 0n appeal she contended that when the paraffin test on her was taken, his constitutional right to counsel and self incrimination were violated. Was her contention legal, Decide Mr. Criminologist. I. Legal because this is tantamount to uncounseled extra judicial confession II. It is not violation of his right to counsel as she is not yet under custodial investigation III. Not also a violation of his right against self incrimination as this extends only too testimonial evidence and not when his body is proposed to be examined . A. I and II B. II and III C. I, II, III D. III only
B
65. The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within ten (10) days from its receipts. Within ten (10) days after the expiration of the period, the officer to whom it was assigned for execution should _____. A. make a follow up investigation on the progress of the execution of the warrant B. make a report to the judge who issued the warrant C. execute the warrant by himself D. apply to the court for another warrant
B
66. Alden was arrested without warrant in room 206 of Hotel California due to the report of the owner that the room was being used as a drug den Incidental that arrest, the arresting officers conducted a warrantless search in another room of the hotel adjacent to Alden's room and the arresting officers obtained pieces of evidence. The evidence gathered are considered admissible. This statement is correct A. True B. False C. Maybe D. It depends
B
8. It is required that the criminal intent be evidenced by notorious acts evincing the determination to commit the same. It must be evident and not merely suspected or merely through of or contemplated mentally, without externalized acts. It its necessary to establish that the accused meditated on his intention between the time it was conceived and the time the crime as actually perpetrated . From among the following aggravating circumstances, what is being decribed? A. Employing means to weaken the defense B. Evident premeditation C. Treachery D. Superior strength
B
85. Offer of compromise is not admissible A. in civil cases B. in criminal cases, except those involving ang quasi-offenses or those allowed by law to be compromised c. a plea of guilty later withdrawn, or an unaccepted offer of plea of guilty to a lesser offense D. an offer to pay or the payment of medical, hospital or other expenses occasioned by an injury
B
93. Maine was charged for the violation of BP 22 for issuing a worthless check. During the trial a copy of the check was offered to prove the issuance of a worthless check. Then it was objected on the grounds that it was secondary evidence thus, best evidence rule must be applied. A. The defense counsel was wrong the copy of a check is regarded as original as it was issued by a public office. B. The defense counsel was wrong the case gravamen is the issuance of a worthless check and not to its contents. C. The defense counsel was right the subject of inquiry is on its contents the prosecution must produce the original. D. The defense counsel was right the original of the check must be produce it is in fact a violation of BP 22.
B
96. Suppose that defense counsel wanted to prove that the check was issued on a certain date and presented a witness. The witness testified that it was issued on December 8, 2017 then it was objected on the grounds that the check itself must be produced. A. The defense counsel was right the testimony is with regard to the issuance of a worthless check and not to its contents. B. The defense counsel was right the testimony was presented to prove its contents, the prosecution must produce the original. C. The defense counsel was wrong Best evidence rule does not apply to testimonial evidence D. The defense counsel was wrong the objection was misplaced on the grounds that the inquiry involved the execution of the check.
B
99. A kind of evidence which shows that a best evidence existed as to the proof of the fact is in question A. Real Evidence B. Secondary Evidence C. Best Evidence D. Res gestae
B
SITUATION. OSCAR is a police officer. HIPOLITO is the offender. ERIKA is a victim. 13. from the forgoing situation, suppose that HIPOLITO in the commission of the crime of murder against ERIKA ensured that ERIKA cannot retaliate or cause harm against the former, what is the applicable modifying circumstances? A. Exempting B. Aggravating C. Alternative D. Mitigating
B
Situations. Mr. Berks is a friend of Mr. Nagplano, kasabwat, kasama at kakosa. One night , Mr. Berks said four (4) friends met at his house to plan a robbery. Mr. berks beg of to join the talks because he has a foot injury, telling them that he will just be a liability to them. The foursome carried out the pan and all of them , including MR. berks were arreseted. 12. In this case, conspiracy may be appreciated against Mr. berks. This statement is correct. A. True B. False C. Partly false D. Partly true
B
15. From the foregoing circumstances, suppose that ERIKA is a woman. HIPOLITO took advantage of his position as he is also a police officer so that she was able to have carnal knowledge against the will of ERIKA. What is the applicable modifying circumstances? A. Exempting B. Mitigating C. Aggravating D. Alternative
C
19. from the forgoing situation, suppose that pinuno is just an ordinary embassy employee in Japan. He committed a crime in connection with the performance of his official function. the act complained of is not yet punishable at the time it was committed. Under our penal system, the applicable characteristics of criminal law is _____. A. Territoriality B. Internationality C. Prospectivity D. Generality
C
2. Rebellion and coup de' etat when committed by military personnel will subject them to court martial proceedings. What is the NATURE of court martial proceedings? A. Civil B. Administrative C. Sui generis D. Criminal
C
25. Honasan proposed to Chiz that they rob a certain store, to which Chiz agreed, later, however, Chiz undertook the robbery alone and made off with P90.000.00 cash. The following day, after making some shallow explanation, Chiz apologized to Honasan and gave the latter P20.000.00 which Honasan somewhat grudgingly accepted. What is Honasan's liability? If any? A. Principal B. Accomplice C. Accessory D. Conspirators
C
26. Janeth Lim Napoles in connivance with the other senators and persons, amasses, accumulates or acquires ill-gotten wealth through combination of series of overt and criminal acts of 200,000,000 Pesos. What is the minimum aggregate amount of the ill-gotten wealth in order for Janeth Lim Napoles be held guilty for the crime of Plunder? A. 200,000,000 Pesos B. 100,000,000 Pesos C. 50,000,000 Pesos D. 30,000,000 Peso
C
34. This felony is characterized by a public and malicious imputation of a crime, or of a vice or defect real or imaginary, or imaginary, or any any act, omission, condition, status or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. A. Incriminatory machination B. Oral defamation C. Libel D. Slander
C
4. HARDEN after trial was found guilty of a despicable act. However, the court found out that there is no law punishing the said act. May the court punish HARDEN of any penalty which it deemed appropriate ? A. Yes, the act committed is despicable that it should be punished. B. No, the law cannot punish because the court does not know the applicable law. C. No, the law cannot punish because an act if at the time it was committed is yet punishable. D. All of these.
C
51. Reyes, Gapas and Manger were charged with murder. Upon filing the information, the RTC judge issued warrants for their arrest. Learning of the issuance of the warrants, the three accused jointly filed a motion for reinvestigation and for the recall of the recall warrants of arrest. On the date set for hearing of their motion, none of accused showed up in court for fear of being arrested. The RTC judge denied their motion because the RTC did not acquire jurisdiction over the persons of the movants. Decide Mr. Criminologist. I. The RTC was not entirely correct in stating that it had no jurisdiction over the persons of the accused. By filing motions and seeking affirmative reliefs from the court, the accused voluntarily submitted themselves to the jurisdiction of the court. II. The RTC correctly denied the motion for reinvestigation. Before an accused can move for reinvestigation and the recall of his warrant of arrest, he must first surrender his person to the court. A. I only B. II only C. I and II D. None of this were a reason
C
53. What courts has the jurisdiction to hear and try plunder cases ? A. Regional Trial Court B. Ombudsman C. Sandiganbayan D. Any regular court
C
58. In complex crime, how is the jurisdiction of court determined? A. It is determined by the maximum and most serious penalty imposable of an offense forming part of the complex crime. B. It is determined by the sum total of the penalty to be imposed in an offense constituting a complex crime. C. It is determined by the less serious penalty and shall be of the imposable interpreted that would in favor the accused. D. All of the above
C
6. LINO saw ACE with an angry expression on his face while holding a firearm moving toward his direction. When ACE was already near him, LINO picked up a 2x2 hrd wood and hit ACE on both his arm, resulting injuries to the letter. It was revealed during the investigation that ACE is without bad intention against LINO. LINO was charged for the serious physical injuries. This situation fits the principle of ______. A. Mistake in identity B. Mistake in the blow C. Mistake of facts D. Ignorantia facti
C
60. The filing of complaint with the Punong Barangay involving cases covered by the Katarungan Pambarangay Rules shall A. Not interrupt any prescriptive period B. Interrupt the prescriptive period for 90 days C. Interrupt the prescriptive period for 60 days D. Interrupt the exceeding 60 days
C
7. Hapslip a married young woman, was sound sleep in her bedroom when he felt a man on top of her. Thinking it was her husband who came early from his work; Hapslip let him have sex with her. After the act the man said, " thank you for the unforgettable night" realizing that he was not her husband , he got furious and so she took her husband gun and shoot the man and it turn out that it was his father. Charge Decide Mr. Criminologist. A. Hapslip is justified in killing his father who through deceit and bad faith was able to sex with her. B. Hapslip is criminally liable because the she shot her father after having sex. C. Hapslip is criminally liable because the unlawful aggression against in honor had already ceased. D. Hapslip is justified in killing.
C
70. Every search conducted in a house, room, or premises must be made only in the presence of ______. I. The lawful occupant thereof or any member of his family II. In their absence, in the presence of two witnesses of sufficient age and discretion residing in the same locality III. The judge or in absence the media A. I only B. II only C. II and I D. I, II, III
C
75. Under Section 9 of Rule 126, a search warrant shall be valid for how many days? A. 15 days from its date B. 12 days after its date C. 10 days from its date D. 15 days after its date
C
76. It is the duty of a party of going forward with evidence. A. Quantum of evidence B. Quantum of Proof C. Burden of evidence D. Burden of proof
C
78. Is more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. A. Circumstantial evidence B. Preponderance of evidence C. Substantial evidence D. Corpus delicti
C
79. It is an evidence of greater weight or more convincing than that which is offered to refute it. A. Evidence B. Proof beyond reasonable doubt C. Preponderance of evidence D. Sufficiency of evidence
C
82. Cardo was accused of having raped Maine. Cardo offered to marry Maine. The offer of Cardo is an offer of compromise and this is not allowed even in rape cases, which are not considered private crimes. Consequently, the offer of Cardo is admissible as A. Extra-judicial confession of guilt B. Express admission of guilt C. Implied admission of guilt D. All of the above
C
84. The act of Tinidora in settling the case is? A. An offer of compromise and an implied admission of guilt hence, admissible as evidence. B. An offer of compromise and not an implied admission of guilt hence, inadmissible as evidence. C. Not an offer of compromise and not an implied admission of guilt hence, inadmissible as evidence. D. Not an offer of compromise and an implied admission of guilt hence, admissible as evidence.
C
92. While on trial the prosecution offered a photograph of a Weapon (knife) used in the commission of a crime, the defense counsel objected that the photograph offered on the ground that it was a secondary evidence thus Best evidence rule must be applied. A. The defense counsel was wrong the photograph presented is a primary evidence the prosecution cannot produce the weapon as it was dangerous for the public. B. The defense counsel was wrong the photograph was offered to prove that its was in facts the weapon used and there place to speak of the best evidence rule. C. The defense counsel was wrong the best evidence rule applies only to documentary evidence. D. All of the above
C
94. In the preceding scenario what if the copy of check was offered to prove that it was Maine who issued the said check and it was issued with a certain amount. Then it was counsel objected the offer on the grounds that it was secondary evidence thus, best evidence rule must be applied. A. The defense counsel was wrong the copy of a check is regarded as original as it was issued by a public office. B. The defense counsel was wrong the case gravamen is the issuance of a worthless check and not to its contents. C. The defense counsel was right the subject of inquiry is on its contents, the prosecution must produce the original. D. The defense counsel was right the original of the check must be produce it is in fact a violation of BP 22.
C
14. from the forgoing situation , suppose that HIPOLITO used the presence of 4 relatives to ensure that ERIKA cannot retaliate against HIPOLITO at the time he inflicted physical injuries against ERIKA, what is the applicable modifying circumstances? A. Exempting B. Mitigating C. alternative D. Aggravating
D
1.The accused is criminal proceeding has in his favour the rule that criminal laws should be construed liberally in his favor because ______. A. Of the requirement of observance of due process B. The prosecution has the burden of proof C. The police is presumed to perform their duty with regularity D. The accused is presumed to perform innocent until proven guilty
D
10.JAKE was convicted for several crimes: Homicide, the penalty imposes is minimum of 6 years and 1 day to 8 years; physical injuries, the penalty of 4 years and 1 day to 6 years ; and parricide, the penalty is Reclusion Perpetua. JAKE should serve successive service of sentence by serving first the penalty of_______. A. Any of the conviction B. 4 years and 1 day to 6 years C. 6 years and 1 day to 8 years D. Reclusion perpetua
D
71. The search warrant authorized the seizure of "undetermined quantity of shabu." During the service of the search warrant, the raiding team also recovered a kilo of dried marijuana leaves wrapped in newsprint. The accused moved to suppress the marijuana leaves as evidence for the violation of sec. 11 of the comprehensive dangerous drugs act of 2002 since they were not covered by the search warrant. The state justified the seizure of the marijuana leaves were discovered and seized before or after the seizure of the shabu. Decide on the motion to suppress Mr. Criminologist. A. The "plain view" doctrine cannot be invoked because the marijuana leaves were wrapped in newsprint and there was no evidence as to whether the marijuana leaves were discovered and seized before or after the seizure of the shabu. B. If the marijuana were discovered and seized after the seizure of the shabu, then the marijuana could not have been seized in plain view. C. In any case, the marijuana should be confiscated as a prohibited article. D. All of the above
D
72. A search warrant is issued purposely to search and seize personal property, which are I. Subject of the offense II. Stolen or embezzled and other proceeds, or fruits of the offense III. Used or intended to be used as the means of committing an offense A. I and II B. II and III C. I and III D. I, II, III
D
73. Joime threw a bag from a truck and the marijuana leaves spilled out of the bag. Joime was arrested and search without warrant. Was that search valid? A. Yes, It is legal B. Yes, as there was no search-conducted C. Yes, It is a plain view doctrine search D. All of the above
D
74. 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 B. Writ of execution C. Writ of confiscation D. Probable cause
D
77. It refers to the degree of proof required in order to arrive at a conclusion. A. Quantum of evidence B. Quantum of Proof C. Burden of evidence D. Burden of proof
D
86. Atty. Dolendo was the counsel for the plaintiff in an action to collect a sum of money. In the course of the trial, Atty. Dolendo asked his witness to identify the loan agreement and promissory note executed by the defendant. These documents were marked as Exhibit "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. Dolendo made an offer of the above documentary exhibits as follow Atty. Dolendo; your honor, I am ready to offer our documentary evidence. Court; Proceed, Mr. Good and Honorable Counsel, Atty. Dolendo. I offer in evidence Exhibit "A", "B" and "C", your honor, did Atty. Dolendo commit any error in the manner by which he made an offer of the documentary evidence? Decide. A. Yes, Atty. Dolendo failed to describe said documentary evidence. B. Atty. Dolendo also failed to state the purpose of Exhibits A and B C. Atty. Dolendo also failed to state the purpose of Exhibit c D. All of the above
D
87. Which of the following types of evidencecannot stand on its own and must always be accompanied by the testimonial evidence? A. hearsay B. documentary C. secondary D. object
D
91. Original documents is one which: A. The contents are the subject of inquiry B. When the subject is in two or more copies are executed at or about the same time, with identical contents C. When an entry is repeated in the regular course of business, one being copied from another at or near the time of the transaction. D. all of the above
D
95. During the trial the defense counsel wants to prove that the check was in fact issued by Maine and presented a witness. The witness testified that he in fact saw that Maine signed the Check then it was objected on the grounds that the check itself must be produced. A. The defense counsel was right the testimony is with regard to the issuance of a worthless check and not to its contents. B. The defense counsel was right the testimony was presented to prove its contents the prosecution must produce the original. C. The defense counsel was wrong Best evidence rule does not apply to testimonial evide D. The defense counsel was wrong the objection was misplaced on the grounds that the inquiry involved the execution of the check.
D
97. Suppose that the counsel again cannot produce the original of the Check what other excuses may a counsel invoke for not presenting the Original Document? A. That the Check was under the control of the party whom the evidence is offered, and the latter fails to produce it after noticing the said party. B. When the check is consisting of numerous accounts that the check could not be examined without the great loss of time and the fact sought to be established from the numerous check is only the general result of the whole. C. That the check was a public record and it is in the custody of a public officer or that the check was issued in a public office D. All of the above
D
SITUATION: Viceganda shoot Alden in the head during a quarrel over a hostess in a nightclub. Two days after the incident, and upon complaint of Maine the widow of Alden, the police arrested Viceganda without a warrant of arrest and searched his house without search warrant. 67. Can the gun used by Viceganda in shooting Alden, which was seized during the search of the house of Viceganda, be admitted in evidence? A. No, the gun seized during the search of the house of Viceganda without a search warrant is not admissible in evidence. B. No, the search was not an incident to a lawful arrest of a person. C. No, the police have more time to secure a search warrant as the crime was committed 2 days ago. D. All of the above
D
Situation: Alden was charged with rape. Alden's Lola, Tinidora, approached Isadora, the victim's Mother, during the preliminary investigation and offered P1 Million to Isadora to settle the case. Isadora refused the offer. 83. During trial, the prosecution presented Isadora to testify on Tinidora's offer and thereby establish and implied admission of guilt. Is Tinidora's offer to settle admissible in evidence? A. No, the testimony of Isadora would cover the offer of Tinidora and not an offer of the accused B. No, the offer made by Tinidora is not admissible as an implied admission of guilt the offer must be "an offer of compromise by the accused" C. No, the facts of the case does not indicate that it was Alden, the accused who made the offer. D. All of the above
D
