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26. This classification of felony has the following requisites: freedom, intelligence, negligence, and imprudence.
A. Culpable Felonies
B. Intentional Felonies
C. Unintentional Felonies
D. None of the Above
27. Which of the following is not a characteristics of an offense mala in se?
A. Moral trait of offender is considered.
B. Good Faith is a defense
C. Mitigating and aggravating circumstances taken into account in imposing penalty
D. Degree of participation when there is more than one offender is generally not taken into account
28. Which of the following is not a characteristic of an offense mala prohibita?
A. Mitigating and aggravating circumstance is not generally taken into account
B. Degree of accomplishment of the crime is taken into account only when consummated
C. Good Faith is not a defense
D. Moral trait of offender is considered.
29. Moving power which impels one to act.
A. Motive
B. Intent
C. Purpose
D. None of the Above
30. Purpose to use a particular means to effect a result.
A. Motive
B. Intent
C. Purpose
D. None of the Above
31. In Criminal Law, Error in Personae means
A. Mistake in Identity
B. Mistake in Blow
C. Lack of intent to commit so grave a wrong
D. None of the Above
32. In Criminal Law, Abberatio Ictus means
A. Mistake in Identity
B. Mistake in Blow
C. Lack of Intent to commit so grave a wrong
D. None of the Above
33. In Criminal Law, Praetor Intentionem means
A. Mistake in Identity
B. Mistake in Blow
C. Lack of intent to commit so grave a wrong
D. None of the Above
34. The cause which in the natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury without
which the result would not have occurred.
A. Immediate Cause
B. Intervening Cause
C. Proximate Cause
D. Natural Cause
35. Which of the following is not a requisites of an impossible crime?
A. Act would have been an offense against persons or property
B. Accomplishment is inherently impossible or inadequate or ineffectual or ineffectual means are
employed
C. Act is not an actual violation of another provision of the RPC or of special law.
D. There was no criminal intent
36. A Stage in the execution of felonies when all the elements necessary for its execution and accomplishment are present.
A. Consummated
B. Frustrated
C. Attempted
D. None of the Above
37. This Stage in the execution of felonies have the following elements:
a. offender performs all acts of execution
b. All the acts would produce the felony as a consequence
c. But the felony is not produce d. By reason of causes independent of the will of the perpetrator.
A. Consummated
B. Frustrated
C. Attempted
D. None of the Above
38. This Stage in the execution of felonies have the following elements:
a. Offender commences the felony directly by overt acts
b. Does not perform all acts which would produce the felony
c. His acts are not stopped by his own spontaneous desistance
A. Consummated
B. Frustrated
C. Attempted
D. None of the Above
39. In the stages of execution of felonies, the element that all acts of execution are present, must be present in
A. Attempted and Frustrated
B. Attempted and Consummated
C. Frustrated and Consummated
D. Frustrated and Attempted
40. Which of the following do not admit of frustrated and attempted stages?
A. Offenses punishable by special penal laws
B. Formal Crimes
C. Impossible Crimes
D. All of the Above
41. Which of the following crimes do not admit of frustrated stage.
A. Rape
B. Bribery
C. Adultery
D. All of the Above
42. The General Rule is that light felonies are punishable only when they have been consummated. One of the following is an
exception.
A. If committed against the law of the nation
B. If committed against public order
C. If committed against persons or property
D. None of the Above
43. Two or more persons come to an agreement for the commission of a felony and they decide to commit it.
A. Proposal
B. Conspiracy
C. Agreement
D. None of the Above
44. A Person has decided to commit a felony and proposes its execution to some other person.
A. Conspiracy to commit a felony
B. Proposal to commit a felony
C. Agreement to commit a felony
D. None of the Above
45. Under the RPC, afflictive penalties are imposed for a
A. Grave Felonies
B. Less Grave Felonies
C. Light Felonies
D. None of the Above
46. Under the RPC, Correctional penalties are imposed for a
A. Grave Felonies
B. Less Grave Felonies
C. Light Felonies
D. None of the Above
47. Under the RPC, aresto menor is imposed for a
A. Grave Felonies
B. Less Grave Felonies
C. Light Felonies
D. None of the Above
48. Light Felonies are punishable by
A. 1 day to 30 days
B. 1 month and 1 day to 6 months
C. 6 months and 1 day to 6 years
D. 6 years and 1 day to 12 years
49. Where the act of a person is in accordance with law, such
person is deemed not to have violated the law.
A. Mitigating circumstance
B. Aggravating circumstance
C. Justifying circumstance
D. Exempting circumstance
50. Grounds for exception from punishment because there is wanting in the agent of the crime any of the conditions which make the
act voluntary or negligent.
A. Mitigating circumstance
B. Aggravating circumstance
C. Justifying circumstance
D. Exempting circumstance
51.One while advanced in age has a mental development comparable to that of children between 2 and 7 years old. He is exempt in all
cases from criminal liability.
A. Insane
B. Imbecile
C. Stupid
D. None of the Above
52. One who acts with complete deprivation of intelligence or reason or without the least discernment or with total deprivation of
freedom of will.
A. Insane
B. Imbecile
C. Stupid
D. None of the Above
53. Offender uses violence or physical force to compel another person to commit a crime.
A. Irresistible Force
B. Uncontrollable Fear
C. Duress
D. None of the Above
54. Offender employs intimidation or threat in compelling another to commit a crime.
A. Irresistible Force
B. Uncontrollable Fear
C. Duress
D. None of the Above
55. The Juvenile Justice and Welfare Act is known as
A. R.A. 9343
B. R.A. 9434
C. R.A. 9433
D. R.A. 9344
56. Mental capacity to fully appreciate the consequences of the unlawful act.
A. Motive
B. Intent
C. Discernment
D. None of the Above
57. Actus Me Invito Factus Non Est Meus Actus means
A. Any act done by me against my will is not my act
B. No intent to commit so grave a wrong
C. He who is the cause of the cause is the cause of the evil caused
D. None of the Above
58. Some motive which has lawfully, morally, or physically prevented a person to do what the law commands.
A. Absolutory cause
B. Insuperable cause
C. Mitigating circumstance
D. None of the Above
59. Where the act committed is a crime but for some reason of public policy and sentiment, there is no penalty imposed.
A. Absolutory cause
B. Insuperable cause
C. Mitigating circumstance
D. None of the Above
60. Those which if present in the commission of the crime reduces the penalty of the crime but does not erase criminal liability nor
change the nature of the crime.
A. Justifying circumstance
B. Mitigating circumstance
C. Aggravating circumstance
D. Exempting circumstance
61. Any unjust or improper conduct or act of the offended party, capable of exciting, inciting or irritating anyone.
A. Provocation
B. Vindication
C. Passion
D. Obfuscation
62. Those which, if attendant in the commission of the crime, serve to have the penalty imposed in its maximum period provided by
law for the offense or those that change the nature of the crime.
A. Justifying circumstances
B. Mitigating circumstances
C. Exempting circumstances
D. Aggravating circumstances
63. It is a kind of aggravating circumstance which apply to all crimes.
A. Generic aggravating circumstance
B. Specific aggravating circumstance
C. Qualifying aggravating circumstance
D. Inherent aggravating circumstance
64. A kind of aggravating circumstance that change the nature of the crime.
A. Generic aggravating circumstance
B. Specific aggravating circumstance
C. Qualifying aggravating circumstance
D. Inherent aggravating circumstance
65. A kind of aggravating circumstance which of necessity accompany the commission of the crime.
A. Generic aggravating circumstance
B. Specific aggravating circumstance
C. Qualifying aggravating circumstance
D. Inherent aggravating circumstance
66. A kind of aggravating circumstance which arise under special conditions to increase the penalty of the offense and cannot be offset
by mitigating circumstances.
A. Generic aggravating circumstance
B. Special aggravating circumstance
C. Inherent aggravating circumstance
D. Qualifying aggravating circumstance
67. In Criminal Law, nighttimeas an aggravating circumstance is also referred to as
A. Obscuridad
B. Despoblado
C. Encuadrilla
D. None of the Above
68. In Criminal Law, uninhabited place as an aggravating circumstance is known as
A. Obscuridad
B. Despoblado
C. Encuadrillia
D. None of the Above
69. In Criminal Law, Band to be considered aggravating
A. There must be three or more armed men
B. There must be four or more armed men
C. There must be five or more armed men
D. There must be six or more armed men
70. En Cuadrillia means
A. Uninhabited place
B. Band
C. Nighttime
D. None of the Above
71. One who at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced
in the same title of the RPC.
A. Recidivist
B. Habitual delinquent
C. Quasi-recidivist
D. None of the Above
72. All of the following except one is a person in authority.
A. Barangay Chairman
B. Barangay Tanod
C. Mayor
D. Governor
73. Where the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two
crimes to which it attaches a lighter penalty. This generic aggravating circumstance is known as
A. Recidivism
B. Habituality
C. Multi-recidivism
D. Quasi-recidivism
74. Reiteracion means
A. Recidivism
B. Habituality
C. Multi-recidivism
D. Quasi-recidivism
75. Where a person within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious
physical injuries, robbery, theft, estafa, or falsification, is found guilty of the sdaid crimes a third time or oftener. This extra ordinary
aggravating circumstance is known as
A. Recidivism
B. Habitual delinquency
C. Reiteracion
D. Quasi-recidivism
76. Where a person commits felony before beginning to serve or while serving on a previous conviction for a felony. This special
aggravating circumstance is known as
A. Recidivism
B. Reiteracion
C. Habitual delinquency
D. Quasi-recidivism
77. This aggravating circumstance involves the use of intellectual trickery or cunning on the part of the accused.
A. Craft
B. Fraud
C. Disguise
D. None of the Above
78. This aggravating circumstance involves the use of insidious words or machinations to induce the victim to act in a manner which
would enable the offender to carry out his design.
A. Craft
B. Fraud
C. Disguise
D. None of the Above
79. This aggravating circumstance involves resorting to any device to conceal identity.
A. Craft
B. Fraud
C. Disguise
D. None of the Above
80. Astucia means
A. Craft
B. Fraud
C. Disguise
D. None of the Above
81. Disfraz means
A. Craft
B. Fraud
C. Disguise
D. None of the Above
82. When the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof
which tend directly and specially to insure its execution without risk to himself arising from the defense which the offended party
might make.
A. Evident Premeditation
B. Astucia
C. Disfraz
D. Treachery
83. A Circumstance pertaining to the moral order which adds disgrace and obloquy to the material injury caused by the crime.
A. Astucia
B. Disfraz
C. Ignominy
D. Obscuridad
84. This Aggravating Circumstance is present when the culprit enjoys and delights in making his victim suffer slowly and gradually,
causing unnecessary physical pain in the consummation of the criminal act.
A. Ignominy
B. Cruelty
C. Obscuridad
D. Disfraz
85. Which of the following is not one of the three types of principals?
A. Principal by Direct Participation
B. Principal by Induction
C. Principal by Indispensable Cooperation
D. None of the Above
86. Persons who do not act as principals but cooperate in the execution of the offense by previous and simultaneous acts, which are
not indispensable to the commission of the crime.
A. Principal
B. Accomplice
C. Accessory
D. None of the Above
87. A Person received and used property from another, knowing it was stolen. This is an example of a
A. Principal
B. Accomplice
C. Accessory
D. None of the Above
88. Placing a weapon in the hand of the dead who was unlawfully killed to plant evidence or burying the deceased who was killed by
the mastermind. This is an example of
A. A Principal
B. An Accomplice
C. An Accessory
D. None of the Above
89. This Law penalizes the act of any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of
suspects and the investigation and prosecution of criminal cases.
A. P.D. 1928
B. P.D. 1892
C. P.D. 1829
D. P.D. 1982
90. This Law penalizes the act, with intent to gain, of buying, selling, receiving, possessing, keeping, or in any other manner dealing in
anything of value which a person knows or should have known to be derived from the proceeds of the crime of robbery or theft.
A. P.D. 1261
B. P.D. 1216
C. P.D. 1621
D. P.D. 1612
91. Suffering inflicted by the state for the transgression of a law.
A. Reward
B. Advantage
C. Penalty
D. None of the Above
92. A Theory of justifying penalty to prevent or suppress the danger to the state arising from the criminal act of the offender.
A. Prevention
B. Self-Defense
C. Reformation
D. Exemplarity
93. A Theory justifying penalty so as to protect society from the threat and wrong inflicted by the criminal.
A. Theory of Prevention
B. Theory of Self-Defense
C. Theory of Reformation
D. Theory of Justice
94. A Theory Justifying penalty where the object of punishment in criminal cases is to correct and reform the offender.
A. Theory of Prevention
B. Theory of Self-Defense
C. Theory of Reformation
D. Theory of Exemplarity
95. A Theory justifying penalty where the criminal is punished to serve as an example to deter others from committing crimes.
A. Theory of Prevention
B. Theory of Self-Defense
C. Theory of Reformation
D. Theory of Exemplarity
96. A Theory justifying penalty, that crime must be punished by the state as an act of retributive justice, a vindication of absolute right
and moral law violated by the criminal.
A. Theory of Prevention
B. Theory of Reformation
C. Theory of Exemplarity
D. Theory of Justice
97. A Legislative Act which inflicts punishment without trial.
A. Bill of Attainder
B. Ex Post Facto Law
C. Republic Act
D. None of the Above
110. The deprivation by a public officer of the liberty of a person without any legal ground.
A. Arbitrary Detention
B. Illegal Detention
C. Kidnapping
D. None of the Above
111. One of the following is not a crime against the law of nation.
A. Treason
B. Qualified Piracy
C. Flight to Enemy's Country
D. Arbitrary Detention
112. One of the following is not a crime against the Fundamental Laws of the State.
A. Qualified Piracy
B. Arbitrary Detention
C. Delaying Release
D. Expulsion
113. It is the offense committed by expelling a person from the Philippines or by compelling a person to change his residence.
A. Light Threats
B. light Coercion
C. Expulsion
D. Grave Threats
114. The term used where the object of the movement is completely to overthrow and supersede the existing government.
A. Insurrection
B. Rebellion
C. Sedition
D. None of the Above
115. The term refers to a movement which seeks merely to effect some change of minor importance to prevent the exercise of
governmental authority with respect to particular matters or subjects.
A. Insurrection
B. Rebellion
C. Sedition
D. None of the Above
116. R.A. No. 6235 is known as
A. Anti-Hijacking Law
B. Anti-Piracy and Anti-Highway Robbery Law of 1974
C. An Act To Punish Espionage
D. None of the Above
117. All of the following except one are crimes against public order.
A. Coup D' Etat
B. Sedition
C. Treason
D. Rebellion
118. This felony involves the raising of commotions or disturbance in the State. Its ultimate object is a violation of the public peace or
at least such a course of measures as evidently engenders it.
A. Coup D' Etat
B. Rebellion
C. Sedition
D. Treason
119. Committed by a person who being under oath and required to testify as to the truth of a certain matter at a hearing before a
competent authority, shall deny the truth or say something contrary to it.
A. Slander
B. Perjury
C. Libel
D. False testimony
120. Lax, Unrestrained, immoral, maintainer of house of prostitution.
A. Dissolute
B. Prostitutes
C. Ruffians
D. Vagrants
Criminal Jurisprudence
1. Berto, with evident premeditation and treachery killed his father. What was the crime committed?
A. Murder
B. Parricide
C. Homicide
D. Qualified Homicide
2. PO3 Bagsik entered the dwelling of Totoy against the latter’s will on suspicion that Bitoy keep unlicensed firearms in his home.
What was the crime committed by PO3 Bagsik?
A. Trespass to Dwelling
B. Violation of Domicile
C. Usurpation Of Authority
D. Forcible Trespassing
3. Charlie and Lea had been married for more than 6 months. They live together with the children of Lea from her first
husband.Charlie had sexual relation with Jane, the 14 year old daughter of Lea.Jane loves Charlie very much.What was the crime
committed by Charlie?
A. Simple Seduction
B. Qualified Seduction
C. Consented Abduction
D. Rape
4. Prof. Jose gave a failing grade to one of his students, Lito. When the two met the following day, Lito slapped
Prof. Jose on the face. What was the crime committed by Lito?
A. Corruption of Public Officials
B. Direct Assault
C. Slight Physical Injuries
D. Grave Coercion
5. A warrant of arrest was issued against Fred for the killing of his parents. When PO2 Tapang tried to arrest him,Fred gave him
1 million pesos to set him free. PO2 Tapang refrained in arresting Fred. What was the crime committed by PO2 Tapang?
A. Indirect Bribery
B. Direct Bribery
C. Corruption of Public Officials
D. Qualified Bribery
6. Which of the following is the exemption to the hearsy rule made under the consciousness of an impending death?
A. Parol Evidence
B. Ante mortem statement
C. Suicide note
D. Dead man statute
7. Factum probans means __.
A. preponderance of evidence
B. ultimate fact
C. evidentiary fact
D. sufficiency of evidence
8. It refers to family history or descent transmitted from one generation to another.
A. inheritance
B. heritage
C. pedigree
D. culture
9. The authority of the court to take cognizance of the case in the first instance.
A. Appellate Jurisdiction
B. General Jurisdiction
C. Original Jurisdiction
D. Exclusive Jurisdiction
10.A person designated by the court to assist destitute litigants.
A. Counsel de officio
B. Attorney on record
C. Attorney at law
D. Special counsel
11. Which of the following is not covered by the Rules on Summary Procedure?
A. Violation of rental laws
B. Violation of traffic laws
C. The penalty is more than six months of imprisonment
D. The penalty does not exceed six months imprisonment
12. It refers to a territorial unit where the power of the court is to be exercised.
A. jurisdiction
B. jurisprudence
C. venue
D. bench
26. Felony committed by a public officer who agrees to commit an act in consideration of a gift and this act is connected with
the discharge of his public duties.
A. qualified bribery
B. direct bribery
C. estafa
D. indirect bribery
27. The willful and corrupt assertion of falsehood under oath of affirmation, administered by authority of law on a material matter.
A. libel
B. falsification
C. perjury
D. slander
28. Deliberate planning of act before execution.
A. Treachery
B. evident premeditation
C. ignominy
D. cruelty
29. Whenever more than 3 armed malefactors shall have acted together in the commission of a crime.
A. gang
B. conspiracy
C. band
D. piracy
30. The failure to perform a positive duty which one is bound to.
A. Negligence
B. imprudence
C. omission
D. act
31. Ways and means are employed for the purpose of trapping and capturing the law breaker in the execution of his criminal plan.
A. Misfeasance
B. entrapment
C. inducement
D. instigation
32. Those where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed.
A. impossible crimes
B. aggravating circumstances
C. absolutory causes
D. Complex Crimes
33. One of the following is an alternative circumstance.
A. Insanity
B. intoxication
C. passion or obfuscation
D. evident premeditation
34. If the accused refuse to plead, or make conditional plea of guilty, what shall be entered for him?
A. a plea of not guilty
B. a plea of guilty
C. a plea of mercy
D. a plea of surrender
35. At what time may the accused move to quash the complaint or information?
A. at any time before his arrest
B. only after entering his plea
C. any time before entering his plea
D. Monday morning
36. The process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition on the case
subject to court approval.
A. Arraignment
B. plea bargaining
C. preliminary investigation
D. trial
37. The security given for the release of a person in custody, furnished by him or a bondsman, conditioned upon his appearance before
any court as required under the conditions specified by law.
A. Subpoena
B. recognizance
C. bail
D. warrant
38. The examination before a competent tribunal, according to the laws of the land, of the acts in issue in a case, for the purpose of
determining such issue.
A. Trial
B. Arraignment
C. pre-trial
D. judgment
39. The adjudication by the court that the accused is guilty or is not guilty of the offense charged, and the imposition of the
proper penalty and _____________.
A. trial
B. Pre-trial
C. Arraignment
D. Judgment
40. It is an inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a well-founded belief
that an offense has been committed and the offender is probably guilty thereof and should be held for trial.
A. pre-trial
B. arraignment
C. preliminary investigation
D. plea bargaining
41. It is evidence of the same kind and to the same state of facts.
A. secondary evidence
B. prima facie evidence
C. corroborative evidence
D. best evidence
42. It is that which, standing alone, unexplained or uncontradicted is sufficient to maintain the proposition affirmed.
A. secondary evidence
B. prima facie evidence
C. corroborative evidence
D. best evidence
43. A form of evidence supplied by written instruments or derived from conventional symbols, such as letters, by which ideas are
represented on material substances.
A. documentary evidence
B. testimonial evidence
C. material evidence
D. real evidence
44. When the witness states that he did not see or know the occurrence of a fact.
A. positive evidence
B. corroborative evidence
C. secondary evidence
D. negative evidence
45. Personal property that can be subjects for search and seizure.
A. used or intended to be used as means in committing an offense
B. stolen or embezzled and other proceeds or fruits of the offense
C. subject of the offense
D. all of the above
46. All persons who can perceive and perceiving, can make known their perception to others.
A. Suspects
B. witnesses
C. victims
D. informers
47. The unlawful destruction or the bringing forth prematurely, of human fetus before the natural time of birth which results in death.
A. abortion
B. infanticide
C. murder
D. parricide
48. Felony committed when a person is killed or wounded during the confusion attendant to a quarrel among several persons
not organized into groups and the parties responsible cannot be ascertained.
A. alarm and scandal
B. mysterious homicide
C. death under exceptional circumstances
D. tumultuous affray
49. A question which arises in a case the resolution of which is the logical antecedent of the issue involved in said case and
the cognizance of which pertains to another tribunal.
A. legal question
B. juridical question
C. prejudicial question
D. judicial question
62. Circumstances wherein there is an absence in the agent of the crime any of all the conditions that would make an act voluntary
and hence, though there is no criminal liability there is civil liability.
A. Exempting
B. alternative
C. justifying
D. aggravating
63. Circumstances wherein the acts of the person are in accordance with the law, and hence, he incurs no criminal and civil liability.
A. exempting
B. alternative
C. justifying
D. aggravating
64. When the offender enjoys and delights in making his victim suffers slowly and gradually, causing him unnecessary physical pain
in the consummation of the criminal act.
A. Ignominy
B. cruelty
C. treachery
D. masochism
65. One, who at the time of his trial for one crime shall have been previously convicted by final judgment of another crime
embraced in the same title of the Revised Penal Code.
A. Recidivism
B. habitual delinquency
C. reiteracion
D. quasi-recidivism
66. Alevosia means
A. Craft
B. treachery
C. evident premeditation
D. cruelty
67. The law hears before it condemns, proceeds upon inquiry and render judgment after a fair trial.
A. ex post facto law
B. equal protection of the law
C. rule of law
D. due process of law
68. A person if within a period of 10 years from the date of his release or last conviction of the crime of serious or less
serious physical injuries, robbery, theft, estafa or falsification, he is found guilty of any of the said crimes a third time or oftener.
A. Recidivist
B. quasi-recidivist
C. habitual delinquent
D. hardened criminal
69. A kind of evidence which cannot be rebutted or overcome.
A. Primary
B. Best
C. Secondary
D. Conclusive
70. A kind of evidence which cannot be rebutted or overcome.
A. Primary
B. Best
C. Secondary
D. Conclusive
71. These questions suggest to the witness the answers to which an examining party requires.
A. leading
B. misleading
C. stupid
D. hearsay
72. A method fixed by law for the apprehension and prosecution of persons alleged to have committed a crime, and or their
punishment in case of conviction
A. Criminal Law
B. Criminal Evidence
C. Criminal Procedure
D. Criminal Jurisprudence
73. The period of prescription of crimes punishable by death.
A. 20 years
B. 15 years
C. 10 years
D. 40 years
100.Pedro, a 19 year old man had sexual intercourse with her 11 year old girlfriend without threat, force or intimidation. What
was the crime committed?
A. Child rape
B. Qualified Rape
C. Statutory Rape
D. None of these
101. The SC ruled the illegally obtained evidence is inadmissible in state criminal prosecutions in the famous case of
A. Miranda vs Arizona
B. Otit vs Jeff
C. Mapp vs Ohio
D. Milkey vs Wett
102. It is defined as a remedy or process by which a child born out of lawful wedlock and are therefore considered illegitimate are
by fiction of law considered by subsequent valid marriage of the parents.
A. Adoption
B. Legitimation
C. Foster parenting
D. Naturalization
103. What is the Latin term for criminal intent?
A. Mens Rea
B. Magna Culpa
C. Inflagrante Delicto
D. Mala Vise
104. What should be conducted in order to determine whether a case falls under the jurisdiction of the regional Trial Court?
A. Inquest proceeding
B. Preliminary conference
C. Preliminary investigation
D. Search and Seizure
105. For offense falling under the jurisdiction of Municipal Trial Courts and Municipal Circuit trial courts, prosecution is instituted
A. By filling a compliant with the Regional Trial Court
B. By filing a complaint directly with the court
C. By filling a complaint with the chief of Police in the municipality
D. By filling a complaint with the fiscal for preliminary investigation
106. Intervention of the offended party in the criminal action is not allowed in the following instances EXCEPT:
A. when he has not waived the civil action
B. when he has file the civil action ahead of the criminal
C. when he has expressly reserved the right to institute the civil action separately
D. when he has waived the civil action
107. The place of trial for a criminal action is cited
A. territory
B. action
C. jurisdiction
D. venue
108. The primary purpose of bail is
A. to protect the accused rights
B. to keep the accused in jail until trial
C. to punish the accused for the crime
D. to release the accused
109. The authority of the court to take cognizance of a case in the first instance is known as:
A. original jurisdiction
B. appellate jurisdiction
C. general jurisdiction
D. delegated jurisdiction
110. "A" stabbed "B". "A" brought "B" to a hospital for medical treatment. Had it not been the timely medical attendance "B" would
have died. This is a case of:
A. a physical injury
B. an attempted felony
C. a consummated felony
D. a frustrated felony
111. A person undergoing criminal investigation enjoys his three constitutional rights such as
A. the right to oppose whatever the accusation on him
B. the right to plea guilty and not guilty
C. the right to oppose whatever accusation or him based on his constitutional right
D. the right to remain silent, the right to counsel, the right to be informed of the nature of the accusation
112. Evidence is admissible when it is relevant to the issue and is not excluded by the rules on
A. Real evidence
B. Secondary evidence
C. Admissibility of evidence
D. Relevancy of evidence
113. What is the sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer
or other employee of the government or government institution in change of the enforcement or execution of the law violated?
A. Deposition
B. Complaint
C. Police blotter
D. Information
114. Trial is allowed only after arraignment and the accused may waive his right to appear at the trial except when his presence
is required for purposes of identification. This is the principle of trial in __.
A. Substitution
B. Absentia
C. Re-assignment
D. Ordeal
115. A public officer or employee when NOT being authorized by judicial order, shall enter a dwelling against the will of the owner
thereof is committing:
A. Legal entry
B. Violation of domicile
C. Illegal entry
D. Abatement
116. Intoxication when considered under the law is considered
A. Alternative Circumstance
B. Maladaptive Behavior
C. Delinquent act
D. Anti social Behavior
117. The adjudication by the court that the defendant is guilty or is not guilty of the offense charged and the imposition of the penalty
provided by law on the defendant who pleads or is found guilty thereof
A. judgment
B. false informant
C. information
D. admission
118. Is that which is not excluded by the law as tending to prove
a fact in issue
A. material evidence
B. relevant evidence
C. direct evidence
D. competent evidence
119. Any private person who shall enter the dwelling of another against the will of the latter
A. none of these
B. trespassing to dwelling
C. light threats
D. usurpation
120. Are those acts and omissions committed not only by means of deceit, but also by means of fault and are punishable by law.
A. Justifying circumstances
B. Felonies
C. Exempting circumstances
D. Attempted felony
21. Is committed whenever the offender commences the commission of a crime directly by overt acts but does not perform all the
acts of execution which should produce the felony as a consequence by reason of some cause or accident other than his own
spontaneous desistance.
A. Frustrated felony
B. Attempted felony
C. Consummated felony
D. Felony
22. Are those crimes committed against individuals, particularly against their chastity, but which do not produce danger or prejudice
common to other members of society.
A. Private crimes
B. Public crimes
C. Felony
D. Infractions
23. Are those crimes committed against the society which producedirect damage or prejudice common to all its members.
A. Private crimes
B. Public crimes
C. Felony
D. Infractions
24. One of the characteristics of criminal law, where penal laws do not have retroactive effect, except in cases where they favor
the accused charged with felony and who are not habitual criminals.
A. Retrospective
B. General
C. Territorial
D. All of the foregoing
25. A theory underlying the system of our criminal law, of which Rafael Garafalo and Enrico Ferri, including Dr. Cesare Lombroso,
were the greatest exponents, that crime is considered as essentially asocial and natural phenomenon.
A. Juristic or classical theory
B. Positivist or realistic theory
C. Punitive theory
D. Non- punitive theory
26. It is the Latin term referring to "caught in the act" of performing a crime.
A. Nullum Crimen
B. Dura lex sed lex
C. Ignorancia lex excusat
D. none of these
27. Any act committed or omitted in violation of a public law forbidding or commanding it.
A. legal act
B. Crime
C. Poena
D. Punishment
28. A rule of conduct, just, obligatory, enacted by legitimate authority for the common observance and benefit.
A. Regulation
B. City Ordinance
C. Law
D. Lawful Act
29. The Latin term POENA means:
A. Penalty
B. Pain
C. Punishment
D. Police
Answer: