Seat No: _____

Republic of the Philippines

PROFESSIONAL REGULATION COMMISSION
Manila

BOARD OF CRIMINOLOGY

CRIMINOLOGIST Licensure Examination

8:00 p.m. – 11:00 p.m.

CRIMINAL JURISPRUDENCE PROCEDURE AND EVIDENCE (20%)

INSTRUCTION: Select the correct answer for each of the following questions. Mark only one
answer for each item by shading the box corresponding to the letter of your choice on the
answer sheet provided. STRICTLY NO ERASURES ALLOWED. Use pencil no. 2 only.

1. 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. None of them

2. 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

3. The subjective phase of the commission of the felony is that portion of its execution by
which starting from the point where the offender begins to that point where he still has
the control of his acts. If the subjective phase is not yet passed, the felony would be a
mere:
A. Attempt C. Objective
B. Frustrated D. A and B

4. 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

5. Slander is an example of formal crime which is always consummated by a single act,

while homicide is an example of material crime which may:
A. Be grave, less grave and light
B. Have Justifying, exempting, mitigating and aggravating
C. Be internal or external
D. Have attempted, frustrated and consummated

6. Criminal actions are prosecuted under the direction and control of___________.
A. The Department of justice C. State prosecutor
B. Counsel de Officio D. Public prosecutor

7. Jose, married to Joana, caught the latter in the act of copulating with Diego, Jose’s half
brother. Jose filed a case of adultery against Joana. Will the case prosper?
A. Yes, because she clearly violated the Revised Penal Code
B. No, because he did not include Diego in the case
C. Yes, because Diego should not be included in the charge, being a relative of
Jose
D. No, because the act of copulation is not habitual

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 8. Before one can be excused from criminal liability on the grounds of ______, his act
would have been lawful had the facts been as he believed them to be; his intention in
performing the act should be lawful; that his mistake must be without fault or
carelessness.
A. Mistake of fact C. Mistake in identity
B. Mistake of law D. Mistake in the blow

9. Statement no. 1-Error in personae, aberratio ictus, praeter intentionem and impossible
crimes apply only to intentional felony. It does not apply to culpable felonies. Statement
no. 2- Impossible crime is punishable under the Revised Penal Code and other Special
Penal Laws.
A. Statement no. 1 is true while statement no. 2 is false
B. Statement no. 1 is false while statement no. 2 is true
C. Statements no. 1 and 2 are both true
D. Statements no. 1 and 2 are both false

10. X boxed Y. Y fell on the ground and bumped by an incoming fire truck which caused his
death. Assume that you are a Criminologist, do you believe that X is liable for the death
of Y?
a. Yes, because the act of X in boxing Y is the direct, natural and logical
consequence of the latter’s death
b. No, because there was an active force that intervened between the act of boxing
of X to Y and such active force is a distinct act foreign from his felonious act.
c. Yes, because if he did not boxed Y then Y is still alive
d. No, because Y is killed by the driver of the fire truck and not by X

11. M surreptitiously took a wrist watch from the possession of N which turned out to be
the same watch he owns but lost one week earlier. As a Licensed Criminologist, would
you conclude that M is criminally liable?
A. Yes, for impossible crime C. Yes, for theft
B. No, he cannot steal what he owns D. No, because he was not caught

12. A person is arrested for an undetermined illegal act. When charged at the Municipal Trial
Court, the judge was not able to discern the specific offense which the person has
committed, concluding that the act charged is not punishable by law. As a Licensed
Criminologist what should the judge do?
A. Imposed upon the accused a penalty of destierro
B. Admonish or censure the accused
C. Dismiss the case
D. Exercise his discretion

13. Felony is commenced by overt act which must externally exist and___________________.
A. The external act must have direct connection with the crime intended to be
committed.
B. The external act must have produced a felony
C. The external act is the cause of a crime
D. The external is a direct consequences of a crime

14. When conspiracy and proposal to commit crime punishable?

A. After its acts and execution
B. In the cases which the law specially provides a penalty thereof
C. When the acts conspired with has been executed
D. Any of them

15. Crimes where mere conspiracy is already punishable are___________________.

1. Treason, rebellion or insurrection
2. Parricide, murder and infanticide
3. Sedition, terrorism and arson
4. Piracy and mutiny
A. 1 and 3 C. 1, 2 and 3
B. 2 and 4 D. 2, 3 and 4

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16. Which of the following acts by which the offender considered acted in accordance with the
law hence he is freed from criminal and civil liability?
1. Self defense, defense of relatives and defense of strangers
2. Avoidance of greater evil
3. Fulfillment of duty
4. Obedience to order of superior
5. Battered woman syndrome
A. 1, 3 and 5 C. 1, 2, 3 and 4
B. 2 and 4 D. 1, 2, 3, 4 and 5

17. Unlawful aggression means___________________.

A. An assault or at least threatened assault of an immediate and imminent kind
B. An assault upon a person who is defending himself
C. A physical attack upon a person defending himself
D. None of them

18. Which of the following statements is/are true in relation to unlawful aggression as one of the
elements of self defense?
1. When the aggressor flees, there is no more unlawful aggression but when he
retreats to take advantage of a better position, unlawful aggression still exists
2. There is no unlawful aggression when there is an agreement to a fight.
3. Rights involved in self defense includes defense of honor and property
A. 1 C. 1 and 2
B. 2 D. 1, 2 and 3

19. Any unjust or improper conduct on the part of the offended party capable of inciting or
irritating any one is known as___________.
A. Provocation C. Alevosia
B. Treachery D. Premeditation

20. Which of the following is not one of the requisites of avoidance of greater evil as justifying
circumstance?
A. The evil sought to be avoided actually exists
B. The injury feared be greater than that done to avoid it
C. There be no other practical and less harmful means of preventing it
D. The accused acted in the performance of duty or in the lawful exercise of a right or
office.

21. SPO3 De Dios and PO2 Navela was directed by Inspector De Jesus to serve the warrant of
arrest to Diego. Knowing the dangerousness of Diego who is known to be a “Cop Killer”, the dou
upon seeing Diego, shot the latter causing his instant death. Is the killing of Diego by De Dios
and Navela justified?
A. Yes, because Diego is a notorious criminal
B. Yes, because De Dios and Navela have just follow lawful order issued by their
superior
C. No, because the means used by De Dios and Navela to carry out the order of De
Jesus is unlawful
D. No, because killing is never justified

22. Under Section 26 of RA 9262 victim-survivors who are found by the courts to be suffering
from battered woman syndrome________.
A. Do not incur any criminal and civil liability C. Is exempted from criminal liability
B. Do not incur criminal but only civil liability D. is entitled for mitigating circumstances

23. When the crime is committed aboard foreign merchant vessel while within Philippine waters,
we follow:
A. English Rule which the crime is punishable in our courts, unless the crime merely affects
things within the vessel.
B. French Rule which the crime is not triable in our courts unless its commission has effects
on the safety of our coastal territory
C. Discretion of the judge

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 D. We neither apply both

24. Statement No. 1. In entrapment the intent to violate the law originated from the
accused himself, hence not an absolutory cause.
Statement No. 2. In instigation the intent to violate the law did not originate from the
accused as he was induced only by the police to perform a criminal act. Also, an
absolutory cause.
A. Statement no. 1 is true while statement no. 2 is false
B. Statement no. 1 is false while statement no. 2 is true
C. Statements no. 1 and 2 are both true
D. Statements no. 1 and 2 are both false

25. Which of the following circumstances that praeter intentionem can be associated?
A. A justifying circumstance C. Mitigating circumstance
B. Exempting circumstance D. Aggravating circumstance

26. You are a Criminologist-Lawman who arrested a person who committed a crime of slight
physical injury. Which authority will you file the case against the arrested person?
A. Office of the prosecutor
B. Directly with the Municipal Trial Courts or Municipal Circuit Trial Courts
C. A and B
D. A or B

27. What is the main purpose of requiring the various elements of a crime to be set out in a
criminal information?
A. To enable the accused to suitably prepare is defense
B. To ensure clarity of the charge, thus the judge and the defense will be
properly guided
C. To ensure smooth legal proceeding
D. For proper guidance of all concerned

28. In the filing of criminal complaint or information, the identity of the victim is essential in the
crime of____________.
A. Robbery C. Libel
B. Arson D. Murder

29. When does a complaint or information may be amended in form or in substance, without
leave of court?
A. Before pre-trial
B. At any time
C. At any time before the prosecution rest its case
D. At any time before the accused enters his plea

30. Which of the following are considered transitory offenses, hence may be tired in any
jurisdiction where it is in part committed?
1. Estafa and violation of BP 22
2. Malversation
3. Abduction, kidnapping and illegal detention
4. Libel
5. Evasion of service of sentence
A. 1, 2, 3 and 4 C. 1, 3 and 5
B. 2, 3, 4 and 5 D. 1, 2, 3, 4 and 5

31. The reservation of the right of the offended party to institute separately the civil action is
made___________ the prosecution starts presenting its evidence.
A. After C. Before
B. During D. Any time

32. Danilo was charged with murder for killing Daniel. Convicted by final judgment by the
Regional Trial Court, he died while his case is pending appeal. Which of the following is true
with regards to Danilo’s Liability?

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 A. His criminal liability will be extinguished
B. His criminal liability will be extinguished but not is civil liability
C. His criminal and civil liability will both extinguished
D. His criminal and civil liabilities will both survived

33. 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. Yes, 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

34. 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

35. 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, 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

36. 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

37. A combination of the positivist and classical theories wherein crimes that have economic
and social causes is dealt with a modicum of compassion, hence applies to economic crime like
theft. This refers to which theory of criminal law?
A. Classical (Juristic) Theory C. Eclectic (Mixed)Theory
B. Positivist (Realist) Theory D. Utilitarian (Protective) Theory

38. 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:
1. State of Necessity
2. Avoidance of greater evil as the death of the mother is greater than sacrificing
the life of the unborn child.
3. He is exempted from criminal liability

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 A. 1 and 2 C. 1 and 3
B. 2 and 3 D. 1, 2 and 3

39. 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

40. Committed as a result of imprudence, negligence, lack of foresight or lack of skill.

A. Felonies C. Intentional felonies
B. Culpa D. Culpable felonies

41. In intentional felonies, the following requisites should be present, except:

A. Lack of foresight or lack of skill in doing the act
B. Freedom while doing the act
C. Intelligence in the doing the act
D. Commission of the act with intent

42. Battered Woman Syndrome (BWS):

A. Refers to violent acts of a woman resulting from prolong period of battery by
the husband
B. Refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of cumulative
abuse.
C. Refers to special justifying circumstance which a woman who killed her
husband because of physical maltreatment will not be punished
D. Refers to psychological manifestation whereby the woman is exempt from
criminal liability

43. An insane or imbecile offender is exempt from criminal liability unless he has acted
during a _____.
A. Derangement C. Campos mentis
B. Aberration D. Lucid interval

44. 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, she 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 the man 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 the man who through deceit and bad faith was able to sex
with her.
D. B and C

45. 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 knew what is right and what is wrong and that she even
knows that to steal is wrong.
C. No, because she knew what is right and what is wrong and that she even knows
that to steal is wrong.
D. Only B is the correct answer

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46. 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?
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

47. 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. Principals by dispensable cooperation

48. When an imbecile or an insane person has committed an act which the law defines as a
felony, the court shall order his confinement in one of the _____________ established for
persons thus afflicted, which he shall not be permitted to leave without first obtaining the
permission of the same court.
A. Hospitals or asylums C. Correctional institutions
B. Jails D. Jailhouses

49. Irresistible force –

A. Presupposes that the accused is compelled by means of threat or intimidation by a
third person to commit a crime
B. Takes place when a peace officer induces a person to commit a crime, without it the
crime would not be committed
C. Exempts one from criminal liability
D. Is a force which produces such an effect upon an individual that, in spite of all
resistance, it reduces him to a mere instrument and as such incapable of committing a crime

50. 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. Delinquency

51. 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
52. 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

53. Willful and corrupt assertion of falsehood under oath of affirmation, administered by
authority of law on a material matter is________.
A. Fraud C. Perjury
B. False Testimony D. Story-telling

54. 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. Serious neglect

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CASE:
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.
55. What crime did the woman commit?
A. Simulation of birth C. Infanticide
B. Abandoning a minor D. Parricide

56. 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
B. Concealing or abandoning any legitimate child with intent to cause such child to lose
its civil status
C. Substitution of one child for another
D. None of them

57. 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 is________________________.
A. Incriminatory machination C. Privileged communication
B. Blackmail D. Slander or oral defamation

58. In an Article published in a newspaper, the writers called Juan Ponse 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. Slander by deed

59. A, B and C grabbed a girl of 16 years old and then dragged her to a nearby town. There she
was raped by the trio. What crime was committed?
A. Kidnapping with rape C. Coercion with rape
B. Forcible abduction with rape D. Forcible rape

CASE:
A woman of 18 years old, went to the house of her 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.

60. What crime was committed?

A. Abduction C. Consented abduction
B. Seduction D. No crime was committed

61. When a woman is kidnapped with lewd or unchaste designs, the crime committed is:
A. Forcible abduction C. Illegal detention
B. Kidnapping D. Coercion

62. When the kidnapping is without lewd designs, the crime committed is:
A. Illegal detention C. Forcible abduction
B. Coercion D. Kidnapping

63. 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

CASE:
M arrested N without legal ground and for the purpose of delivering him to the proper
authorities.

64. If the arrest is made without a warrant and under circumstances not allowing a warrantless
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. Incriminatory machinations

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65. 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. Kidnapping

66. 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. Abduction

67. What are the circumstances that the court may modify its judgment of conviction?
1. Before the decision becomes final
2. On motion of the accused and on motion of the prosecution
3. Motu propio, the Court with the consent of the accused
4. Upon reversal by the appellate court
A. 1 and 3 C. 1, 2 and 3
B. 2 and 4 D. 1, 2, 3 and 4

68. Jessie was charged with rape. What was proved however is qualified seduction. Can Jessie
be convicted of qualified seduction?
A. Yes, Jessie can be convicted of qualified seduction because it is a lesser offense
than rape
B. No, although qualified seduction is a lesser offense than rape, the elements of
the two offenses are different
C. Yes, as long as the elements of qualified seduction are proved in the trial of the
case
D. No, it will violate the right to be informed of the nature and cause of accusation

69. Judgment culminates the end of the proceeding in the trial court. When does
judgment in of acquittal in criminal case becomes final?
A. After 15 days from promulgation
B. After entry in the criminal docket
C. Immediately upon promulgation
D. After the lapse of perfecting an appeal which is 15 days from rendition of
judgment

70. 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 and B only

71. The right to appeal a case decided by a lower court is a matter of right, both in criminal, civil
and other cases. What is the nature of such right?
A. Statutory right C. Element due process
B. Inherent right D. Constitutional right

72. Under the Rules of Court, the party appealing his case is to the higher court is known
as_____.
A. Appellee C. Prosecution
B. Appellant D. People of the Philippines

73. The Philippine Constitution provides many protection to persons against arbitrary exercise of
government’s power. Who among the following persons are protected by the provisions
against unreasonable search and seizure?
A. Filipino Citizens 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. Natural born Filipino citizens and registered aliens

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74. Of the four requisites for issuing search warrant, one of the following is not included. Which
one?
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

75. Under the law, a search warrant is 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

76. The requirements for the issuance of a search warrant are more stringent than the
requirements for the issuance of a warrant of arrest because:
I. In a warrant of arrest, the person to be arrested can always post bail to prevent
deprivation of his liberty
II. The right against search and seizure is implicit in the natural right to life, liberty
and property
III. The violation of the right to privacy produces a humiliating effect which cannot
be rectified anymore
IV. The search warrant is more difficult to execute
a. I, II and III C. I and III
b. I, II, III and IV D. II and IV

77. In stop and frisk search known as Terry Search, the following are the rights of the
police, except:
A. Stop a suspicious looking person wandering at midnight in a place where
crimes have been reported prevalent
B. To seize suspicious articles possessed by the suspect
C. To pat or frisk for concealed weapons
D. It is a limited protective search of outer clothing

78. 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 and B

79. 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 and B

80. 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, hence the gun is the fruit of the
poisonous tree
C. A and B
D. None of them

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81. Importance for a person arrested in signing in a police booking sheet and arrest
report
1. It is tantamount to extra-judicial confession without the assistance of a counsel
2. Signing said booking sheet and arrest report is not an admission of the
commission of the offense
3. It is merely a statement of the accused being booked and the date of the fact of
his arrest
4. it is merely an acknowledgement of facts and not of guilt
A. 1 and 4 C. 1 and 2
B. 2 and 3 D. 3 and 4

82. What is the effect if the person arrested signed the receipt of the property seized
without the aid of a counsel?
1. It is admissible in evidence as it is a declaration against interest
2. It is a tacit admission of the crime charged
3. It is inadmissible as an evidence as it is tantamount to an uncounselled extra-
judicial confession
4. It is an acknowledgment of guilt as it is admission by silence
A. 1 and 2 C. 1 and 3
B. 3 and 4 D. 2 and 4

83. In case of variance between information and proof. Which of the following choices A,
B, C and D the accused can be convicted?
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

84. 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. None of them

85. 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. Any of them

86. 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

87. 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

88. Three men broke into a National Food Authority, a 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

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89. 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 and B

90. Persons who committed a crime outside the Philippine territory, which can be charged and
punished by the Philippine courts.
I. Persons who commited an offense on a Philippine ship or airship.
II. Persons who forge or counterfeit any coin or currency note of the Philippines or
obligations and securities issued by the Philippine government and introduced them into the
Philippines.
III. A public officer or employee abroad who committed an offense in the exercise of his
functions.
IV. Persons who commited an offense against the national security and the laws of nations
such as terrorism, espionage, piracy and mutiny on the high seas
Choose the correct answer
A. I and II C. I, II and III
B. III and IV D. I, II, III and IV

91. In mercy killing, is the attending physician criminally liable for deliberately turning off the life
support system consequently costing the life of the patient?
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

92. In exempting circumstance, 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

93. 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

94. You were asked why arraignment in absentia is not allowed? Which of the following may
your best answer?
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

95. The rules of criminal procedure shall be liberally construed in favor of the accused and
strictly against the _____.
A. Offended party C. Accused
B. Complainant D. State

96. Raffy fired his gun once, but the bullet killed two persons. What crime did Raffy commits?
A. Complex crime C. Special complex crime
B. Compound crime D. Compound complex crime

97. Relevancy is one of the requisites for admissibility of evidence which means that evidence
must have such relation to the fact in issue as to induce belief in its existence or non-existence.
The other requisite is ____________?

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 A. That is should not be excluded for by law
B. That it is material to the facts in issue
C. That it is credible
D. That it is the best evidence

98. Court may take judicial notice of the following in exercise of its discretion, except:
A. The geographical divisions
B. Matter which the judge should know
C. Matters capable of unquestionable demonstration
D. Matter ought to be known to judges because of their judicial functions.

99. The following are qualifications for discharged of a person to be state witness.
1. There is absolute necessity for the testimony of the accused whose discharge
is requested
2. There is no other direct evidence available for the proper prosecution for the
offense committed except the testimony of said accused
3. The testimony of said accused can be substantially corroborated in its material
points;
4. Said accused does not appear to be the most guilty;
5. Said accused has not at any time been convicted of an offense involving moral
turpitude.
A. 1, 3 and 5 c. 1, 2, 3, 4 and 5
B. 2 and 4 d. 1, 3, 4 and 5

100. 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

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