A.R PACHECO COLLEGE INC.

#36 San Gregorio Ext. Kimpo Subd. RH-12 Cotabao City

Tel # : (064) 557-48-54 / arpachecocollege@gmail.com

1st Preliminary Examination In CLJ 1

NAME: ______________________________________________________ DEGREE ______________ YEAR&SEC:____________
INSTRUCTOR : ______________________________________________ SCORE:______________
MULTIPLE CHOICE
General Instruction : Read each questions carefully, choose and encircle the best letter of your
answer. Strictly no erasures.
1. Which of these courts will have jurisdiction over a Japanese crew who murdered a Filipino crew
member on board a sea vessel registered under American law while that vessel is anchored within
Manila BAY? 1000
A. Japanese court because the offenders are Japanese.
B. Manila court because we follow the English rule
C. American court because we follow the French rule. D. International Criminal Court
2. The killing of a spouse by the other spouse or adaughter who is minor by the parent under the
circumstances provided under Art. 247 is____________.
A. murder B. homicide C. infanticide D. parricide
3. A is the owner of a tupada in their town. A approached the Chief of Police who is a kumpare and
asked the Chief not to raid his tupada. The Chief complied by not raiding it. What crime was
committed by the Chief?
a. Direct bribery b. Indirect bribery c. Graft and corruption
d. Negligence and tolerance in the prosecution of offenses/prevaricacion
4. Which of the following processes in court proceeding is the presence of the accused
indispensable?
A. during the presentation of the evidence for the defense. B. during the arraignment
C. during the examination of the witnesses.
D. during the presentation of the evidence for the prosecution.
5. A killed B with treachery. The fiscal forgot to allege treachery in the information THE
QUALIFYING CIRCUMSTANCE OF TREACHERY. A was found guilty of killing B and treachery was
also proven during trial. Which of the following statements is correct?
a. A is guilty of murder even if treachery was not alleged in the information.
b. A is guilty of homicide only because treachery was not alleged in the information.
c. A is guilty of homicide only and treachery will be considered as generic aggravating circumstance
only.
d. A is guilty of homicide only because treachery was not alleged in the information and in addition,
treachery cannot even be considered as a generic aggravating circumstance.
6. X was arrested in flagrante delicto. An inquest proceeding was conducted. The rules provide that
he may ask for a preliminary investigation before theinformation is filed, provided_____.
a. he must sign a waiver of his right to remain silent
b. he must sign a waiver of his right against self-incrimination
c. he must sign a waiver of instituting a case of delay in delivery of detained person to proper
judicial authority under Article 125 of the RPC
d. he must sign a waiver of instituting a case of delay in delivery of detained person to proper
judicial authority under Article 125 of the RPC assisted by a lawyer
7. Alex married Bea. Thereafter, Alex married Celsa, but this marriage took place because Celsa
forced Alex to marry her at gunpoint. Alex sued Celsa in a civil case for declaration of annulment of
marriage. Suppose Bea sues Alex for bigamy, what will cause the temporary suspension of this
criminal case filed by Bea against Alex?
a. Insanity of the accused b. Petition for review c. The prejudicial question involved here
d. All of these
8. The act of having carnal knowledge without the consent of the woman is ______.
A. abduction B. sexual assault C. rape D. seduction
9. A promised to give P5,000.00 to B, a court stenographer, if the latter would alter his stenographic
notes. The stenographer, without making any alteration to his stenographic notes just yet, accepted
the promise of P5,000.00. What crime was committed by the stenographer?
a. Direct bribery b. Indirect bribery c. Corruption of public officials
d. No crime because he accepted only the promise but not the actual P5,000.00
10. Which of these is parricide?
a. Killing an adopted son or adopted daughter *
b. Killing a brother-in-law or sister-in-law or father- or mother-in-law
c. Killing a brother or sister d. killing an illegitimate parent
11. A Muslim guy who legally married four wives was found to have killed his second wife. What
crime was committed?
a. Parricide b. Murder c. Homicide d. Infanticide
12. The amount of relevant evidence which a reasonable mind might accept as adequate to justify a
conclusion is___________.
A. preponderance of evidence B. substantial evidence
C. proof of beyond reasonable doubt D. relevant evidence
13. After the decision was rendered by the court disposing of the case, which of the following
remedies allows the presentation of new evidence?
A. motion for reconsideration B. motion for new trial C. notice of appeal D. petition for review
14. Which of the following facts needs evidence?
A. acts of legislature B. laws of nature C. crime committed D. territory of the Philippines
15. The following are the elements of dying declaration (ante mortem statement/declaration in
articulo mortis “at the point of death”), except the ______
A. a declaration is in connection with a startling occurrences or equivocal actions
B. the declarant is competent to testify
C. declaration pertains to facts or circumstances surrounding the declarant’s death
D. declarant must eventually die
16. A father caught her married daughter (who is already 18 years old) having sex with a man who
is not her husband. The father immediately killed the daughter due to outrage. What crime was
committed by the father if there is any?
a. No crime b. Death inflicted under exceptional circumstances c. Parricide d. Murder
17. The arraignment and pre-trial has been terminated. When is the time for the defense to present
its witness?
A. as may be ordered by the court B. after the prosecution has offered its exhibits.
C. after the prosecution had rested its case. D. as may be agreed during pre-trial.
18. The form of evidence that is consisting of letters, symbols, numbers, or any inscription
is__________evidence.
A. newsletter B. newspaper C. books D. documentary
19. The crime committed is punishable with a penalty of one year and below. How would you best
deal with the situation?
A. I will handle the forced mediation and conciliation between the parties.
B. Arrest the offender without a warrant since there is a complainant.
C. Suggest that the parties bring the issue before the barangay for conciliation proceedings.
D. None of the above
20. Maria was accused of falsification. While Maria was on the witness stand, the prosecution asked
her to write her name and to sign on a piece of paper, in order to prove that she authored the
libelous material. Maria objected, as writing and signing her name would violate her right against
self- incrimination. Can Maria legally refuse to write her name/give sample specimens of her
handwriting?
a. No, she can be cross examined just like any other witness and her sample signature may be taken
to verify her alleged authorship of the libellous statements.
b. No, her right against self-incrimination is waived as soon as she became a witness. This privilege
may be invoked only by an ordinary witness and not by the accused when she opts to take the
witness stand.
c. Yes, writing is something more than moving the body, or the hands, or the fingers; writing is not a
purely mechanical act, because it requires the application of intelligence and attention; and in this
case writing means Maria will furnish a means to determine whether or not she is the falsifier.
d. none of the above
21. X was charged with a certain crime before the RTC. Although bail was allowable under his
indictment, he could not afford to post bail, and so he remained in detention at the city jail. For
various reasons, ranging from the promotion of the presiding judge, to the absence of the trial
prosecutor, and to the lack of notice to the city jail warden, the arraignment of X was postponed
nineteen times over a period of two years. What can the lawyer for X do in order to protect
therights of the accused or his client?
a. File a motion to dismiss due to violation of the right of the accused to speedy trial.
b. File a demurrer to evidence for insufficiency of evidence.
c. File a motion to quash based on grounds provided by the law.
d. Appeal to the higher court.
22. When in the commission of the crime, the exercise of freedom of action is absent, which of the
following is the applicable modifying circumstance?
A. alternative B. exempting C. mitigating D. justifying
23. The husband saw the wife having sex with another man at around 6:00 pm. Since the paramour
had a gun with him, the husband had no choice except to retreat and find a gun of his own. The
husband borrowed a gun from a friend and look for the paramour. The husband saw the paramour
at a "mahjong hall at around 7:00 pm of the same night and fired at him killing him instantly.
Unfortunately, other people got hit by the stray bullets resulting in their physical injuries. Here, the
husband is
a. not criminally liable for the death of the paramour
b. criminally liable for the injuries of those hit by his stray bullets
c. liable to be sentenced to destierro d. all of the above
24. If the original of the document cannot be presented in court, what is this documentary evidence
that may be presented in court?
A. photocopy evidence B. replacement evidence C. primary evidence D. secondary evidence
25. A imagines killing B. A is not criminally liable because_______.
A. he does not commence the commission of a crime directly by overt act
B. there is no witness against A C. there is no injury to B
D. there is no law against imagining a crime
--------- the end ----------
CRIMINOLOGY WALANG __________________!!!